AB936: Bill Text

AB936,15,7 108.152 (1) (intro.) Each Indian tribe which that is an employer may, in lieu of paying contributions under ss. 108.17 and 108.18, elect reimbursement financing for itself as a whole or for any tribal units or combinations of tribal units which that are wholly owned subdivisions, subsidiaries, or business enterprises, as of the beginning of any calendar year, subject to the following conditions:

Note: Replaces "which" with "that" to correct grammar.

AB936, s. 41 Section 41. 118.02 (17) of the statutes, as created by 2001 Wisconsin Act 100, is renumbered 118.02 (17r).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2001 Wis. Acts 16 and 20 also created provisions numbered 118.02 (17).

AB936, s. 42 Section 42. 118.40 (8) of the statutes is repealed.

Note: The audits required by this provision have been completed by the legislative audit bureau and a report released.

AB936, s. 43 Section 43. 119.23 (9) of the statutes is repealed.

Note: The audits required by this provision have been completed by the legislative audit bureau and a report released.

AB936, s. 44 Section 44. The treatment of 120.13 (37) of the statutes by 2001 Wisconsin Act 98 is not repealed by 2001 Wisconsin Act .... (LRB-3698/1). Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 120.13 (37) reads:

120.13 (37) (a) Notwithstanding s. 118.33 (1), award a high school diploma to a person who meets all of the following requirements:

1. Is at least 65 years old.

2. Attended high school in the school district or attended high school in this state and resides in the school district.

3. Left high school before receiving a high school diploma to join the U.S. armed forces during a war period under s. 45.001 (5).

4. Served on active duty under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces.

(b) Award a high school diploma to a person who received a high school equivalency diploma under s. 115.29 (4) after serving on active duty under honorable conditions if the person meets the conditions of par. (a) 1. to 3.

(c) Award, upon request, a high school diploma to a person who has died, but who, before dying, satisfied the conditions of par. (a) 2. to 4.

AB936, s. 45 Section 45. 121.85 (6) (ar) 3. b. of the statutes is amended to read:

AB936,16,4 121.85 (6) (ar) 3. b. If no bonds are issued under s. 66.431 (5r) 66.1333 (5r) by the date specified in that section, subd. 2. does not apply beginning in the first fiscal year following that date.

Note: Inserts the correct cross-reference. Section 66.431 was renumbered to s. 66.1333 by 1999 Wis. Act 150.

AB936, s. 46 Section 46. The treatment of 125.33 (2s) of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 38. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 125.33 (2s) reads:

(2s) Exception for retail trade association contributions. Notwithstanding the prohibitions in sub. (1), a brewer or wholesaler may contribute money or other things of value to a bona fide national, statewide, or local trade association that derives its principal income from membership dues of Class "B" licensees.

AB936, s. 47 Section 47. The treatment of 146.82 (2) (a) 18m. of the statutes by 2001 Wisconsin Act 59 is not repealed by 2001 Wisconsin Act 69. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 146.82 (2) (a) 18m. reads:

146.82 (2) (a) 18m. If the subject of the patient health care records is a child or juvenile who has been placed in a foster home, treatment foster home, group home, residential care center for children and youth, or a secured correctional facility, including a placement under s. 48.205, 48.21, 938.205, or 938.21 or for whom placement in a foster home, treatment foster home, group home, residential care center for children and youth, or secured correctional facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the child or juvenile, or to an agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements, to the foster parent or treatment foster parent of the child or juvenile or the operator of the group home, residential care center for children and youth, or secured correctional facility in which the child or juvenile is placed, as provided in s. 48.371 or 938.371.

AB936, s. 48 Section 48. The treatment of 146.997 (1) (d) 4. of the statutes by 2001 Wisconsin Act 70 is not repealed by 2001 Wisconsin Act 89. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 4-1-04, s. 146.997 (1) (d) 4. reads:

4. A physician, podiatrist, perfusionist, physical therapist, or physical therapist assistant licensed under ch. 448.

AB936, s. 49 Section 49. The treatment of 155.01 (7) of the statutes by 2001 Wisconsin Act 70 is not repealed by 2001 Wisconsin Act 89. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 4-1-04, s. 155.01 (7) reads:

(7) "Health care provider" means a nurse licensed or permitted under ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician, physician assistant, perfusionist, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448, a person practicing Christian Science treatment, an optometrist licensed under ch. 449, a psychologist licensed under ch. 455, a partnership thereof, a corporation or limited liability company thereof that provides health care services, an operational cooperative sickness care plan organized under ss. 185.981 to 185.985 that directly provides services through salaried employees in its own facility, or a home health agency, as defined in s. 50.49 (1) (a).

AB936, s. 50 Section 50. 169.45 (2) (e) of the statutes, as created by 2001 Wisconsin Act 56, is amended to read:

AB936,17,9 169.45 (2) (e) Harmful wild animals. For a violation of s. 169.11 (2) (1) (b) or (c), a person shall be fined not less than $500 nor more than $5,000 or imprisoned for not more than 6 months or both.

Note: Inserts correct cross-reference. There is no s. 169.11 (2).

AB936, s. 51 Section 51. 169.45 (8) (b) of the statutes, as created by 2001 Wisconsin Act 56, is amended to read:

AB936,17,13 169.45 (8) (b) The 5-year period under par. (a) 2. shall be measured from the dates of the violations which that resulted in the convictions.

Note: Replaces "which" with "that" to correct grammar.

AB936, s. 52 Section 52. 178.43 (3m) of the statutes, as created by 2001 Wisconsin Act 44, is amended to read:

AB936,18,4 178.43 (3m) After the filing of a statement under sub. (2) (2m), the department shall mail a copy of the statement to the registered limited liability partnership or foreign registered limited liability partnership at the address provided under sub. (2) (2m) (c) or (d).

Note: Inserts correct cross-references.

AB936, s. 53 Section 53. 179.77 (2) (b) of the statutes, as created by 2001 Wisconsin Act 44, is amended to read:

AB936,18,10 179.77 (2) (b) The manner and basis of converting the interests in each business entity that is a party to the merger into shares, interests , obligations, or other securities of the surviving business entity or any other business entity or into cash or other property in whole or in part.

Note: Inserts comma.

AB936, s. 54 Section 54. 180.1106 (1) (b) of the statutes, as affected by 2001 Wisconsin Act 44, is amended to read:

AB936,18,20 180.1106 (1) (b) The title to all property owned by each business entity that is party to the merger is vested in the surviving business entity without reversion or impairment, provided that, if a merging business entity has an interest in real estate in Wisconsin on the date of the merger, the merging business entity shall transfer that interest to the business entity surviving the merger and shall execute any real estate transfer return required under s. 77.22. The business entity surviving the merger shall promptly record the instrument of conveyance under s. 59.43 in the office of the register of deeds for each county in which the real estate is located.

AB936, s. 55 Section 55. 181.1106 (2) of the statutes, as affected by 2001 Wisconsin Act 44, is amended to read:

AB936,19,10 181.1106 (2) Title to property. The title to all real estate and other property owned by each business entity that is a party to the merger is vested in the surviving business entity without reversion or impairment subject to any conditions to which the property was subject before the merger, provided that, if a merging business entity has an interest in real estate in Wisconsin on the date of the merger, the merging business entity shall transfer that interest to the business entity surviving the merger and shall execute any real estate transfer return required under s. 77.22. The business entity surviving the merger shall promptly record the instrument of conveyance under s. 59.43 in the office of the register of deeds for each county in which the real estate is located.

AB936, s. 56 Section 56 . 196.44 (2) (a) of the statutes is renumbered 196.44 (2).

Note: Section 57 of this act repeals s. 196.44 (2) (b); s. 196.44 (2) (a) would be the only remaining paragraph.

AB936, s. 57 Section 57 . 196.44 (2) (b) of the statutes is repealed.

Note: By its terms, this provision is without effect after 6-30-01.

AB936, s. 58 Section 58. 196.499 (1) (f) of the statutes is amended to read:

AB936,19,21 196.499 (1) (f) For purposes of enforcing s. 196.209, 196.218 (3) or (8), 196.219, 196.85, or 196.858, or for purposes of approving or enforcing an interconnection agreement to which a telecommunications carrier is a party, a telecommunications carrier shall be subject to ss. 196.02 (3), 196.32, 196.33, 196.39, 196.395, 196.40, 196.41, 196.43, 196.44 (3), and 196.48 and be treated as a party to the agreement under ss. 196.199 and 196.26, as a public utility under ss. 196.02 (5) and (6), 196.14, 196.24, 196.44 (2) (a), 196.66, and 196.85 (1), and as a telecommunications provider under ss. 196.25 (3) and 196.65 (3).

Note: Section 56 of this act renumbers s. 196.44 (2) (a) to s. 196.44 (2).

AB936, s. 59 Section 59. 231.03 (14) of the statutes is amended to read:

AB936,20,8 231.03 (14) Make loans to a health facility, educational facility or, before May 1, 2000, child care center for which bonds may be issued under sub. (6) (b), or (d) or under s. 231.03 (6) (f), 1999 stats., to refinance the health facility's, educational facility's, or child care center's outstanding debt. The authority may secure the loan or bond by a mortgage or other security arrangement on the health facility, educational facility, or child care center granted by the participating health institution, participating educational institution, or participating child care provider to the authority.

Note: Inserts the correct cross-reference. 2001 Wis. Act 38 repealed s. 231.03 (6) (f).

AB936, s. 60 Section 60. 231.16 (3) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB936,20,17 231.16 (3) All bonds issued under this section shall be subject to this chapter in the same manner and to the same extent as other bonds issued pursuant to this chapter, except that the limitations with respect to dates under s. 231.03 (6) (e) and (f), 1999 stats., and under s. 231.03 (14) do not apply to bonds issued under this section, and the requirement under s. 231.08 (3) that the bonds mature in 30 years or less from their date of issue does not apply to bonds issued under this section to refund bonds issued under s. 231.03 (6) (g).

Note: 2001 Wis. Act 38 repealed s. 231.03 (6) (e) and (f).

AB936, s. 61 Section 61. 233.04 (7s) of the statutes is repealed.

Note: The performance evaluation required under this provision has completed by the legislative audit bureau, and the required report has been released.

AB936, s. 62 Section 62. The treatment of 252.15 (5) (a) 19. of the statutes by 2001 Wisconsin Act 59 is not repealed by 2001 Wisconsin Act 69. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 252.15 (5) (a) 19. reads:

19. If the test was administered to a child who has been placed in a foster home, treatment foster home, group home, residential care center for children and youth, or secured correctional facility, as defined in s. 938.02 (15m), including a placement under s. 48.205, 48.21, 938.205, or 938.21 or for whom placement in a foster home, treatment foster home, group home, residential care center for children and youth, or secured correctional facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the child, or to an agency that placed the child or arranged for the placement of the child in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or arranged for the placement of the child in any of those placements, to the child's foster parent or treatment foster parent or the operator of the group home, residential care center for children and youth, or secured correctional facility in which the child is placed, as provided in s. 48.371 or 938.371.

AB936, s. 63 Section 63. 285.55 of the statutes is repealed.

Note: By its terms, this provision is without effect after 7-1-98.

AB936, s. 64 Section 64. 340.01 (15pm) of the statutes, as created by 2001 Wisconsin Act 90, is amended to read:

AB936,21,7 340.01 (15pm) "Electric personal assistive mobility device" means a self-balancing, 2-nontandem-wheeled device that is designed to transport only one person and which that has an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less.

Note: Replaces "which" with "that" to correct grammar.

AB936, s. 65 Section 65. 343.16 (3) (a) of the statutes is amended to read:

AB936,22,9 343.16 (3) (a) Except as provided in s. 343.20 (1) (f), the The department shall examine every applicant for the renewal of an operator's license once every 8 years. The department may institute a method of selecting the date of renewal so that such examination shall be required for each applicant for renewal of a license to gain a uniform rate of examinations. The examination shall consist of a test of eyesight. The department shall make provisions for giving such examinations at examining stations in each county to all applicants for an operator's license. The person to be examined shall appear at the examining station nearest the person's place of residence or at such time and place as the department designates in answer to an applicant's request. In lieu of examination, the applicant may present or mail to the department a report of examination of the applicant's eyesight by an ophthalmologist, optometrist or physician licensed to practice medicine. The report shall be based on an examination made not more than 3 months prior to the date it is submitted. The report shall be on a form furnished and in the form required by the department. The department shall decide whether, in each case, the eyesight reported is sufficient to meet the current eyesight standards.

Note: Section 66 of this act repeals s. 343.20 (1) (f).

AB936, s. 66 Section 66 . 343.20 (1) (f) of the statutes is repealed.

Note: By its terms, this provision is without effect after 12-31-01.

AB936, s. 67 Section 67. 441.15 (5) (a) (intro.) of the statutes, as created by 2001 Wisconsin Act 52, is amended to read:

AB936,22,16 441.15 (5) (a) (intro.) Except for any of the following, no person may practice nurse-midwifery unless he or she has in effect malpractice liability insurance in an amount that is at least the minimum amount specified in rules promulgated under par. (b) (bm):

Note: Inserts correct cross-reference. There is no s. 441.15 (5) (b).

AB936, s. 68 Section 68. 448.015 (1m) of the statutes, as created by 2001 Wisconsin Act 89, is amended to read:

AB936,23,3 448.015 (1m) "Perfusion" means that branch or system of treating the sick which that is limited to the operation and management of extracorporeal circulation to support, temporarily replace, measure, treat, or supplement the cardiopulmonary and circulatory system of a patient, including, when necessary to and part of the management and operation of extracorporeal circulation, the use of blood testing and advanced life support techniques and technologies, autotransfusion, and the administration of blood, blood products, and anesthetic and pharmacological agents.

Note: Replaces "which" with "that" to correct grammar.

AB936, s. 69 Section 69. 448.51 (1e) of the statutes, as created by 2001 Wisconsin Act 70, is amended to read:

AB936,23,13 448.51 (1e) No person may designate himself or herself as a physical therapist or use or assume the title "physical therapist," "physiotherapist," "physical therapy technician," "licensed physical therapist," "registered physical therapist," "master of physical therapy," "master of science in physical therapy," or "doctorate in physical therapy," or append to the person's name the letters "P.T.," "P.T.T.," "L.P.T.," "R.P.T.," "M.P.T.," "M.S.P.T.," or "D.P.T.," or any other title, letters, or designation which that represents or may tend to represent the person as a physical therapist, unless the person is licensed as a physical therapist under this subchapter.

Note: Replaces "which" with "that" to correct grammar.

AB936, s. 70 Section 70. 448.52 (1m) (intro.) of the statutes, as affected by 2001 Wisconsin Act 70, section 19m, is amended to read:

AB936,23,18 448.52 (1m) (intro.) This subchapter does not require a A license is not required under this subchapter for any of the following, if the person does not claim to render physical therapy or physiotherapy services: