SB285: Bill Text

LRB-0187/1

BJH:cjs:jf

2011 - 2012 LEGISLATURE

2011 Senate BILL 285

November 8, 2011 - Introduced by Law Revision Committee. Referred to Committee on Judiciary, Utilities, Commerce, and Government Operations.

SB285,1,2 An Act relating to: affecting various provisions of the statutes to correct errors and reconcile conflicts (Correction Bill).

Analysis by the Legislative Reference Bureau

This correction bill was prepared by the Legislative Reference Bureau under s. 13.92 (1) (bm) 1. and 2. and (2) (i) and (L), stats. Specific changes are explained in the Notes in the body of the bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB285, s. 1 Section 1. The treatment of 15.08 (1m) (b) of the statutes by 2009 Wisconsin Act 106 is not repealed by 2009 Wisconsin Act 149. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 15.08 (1m) (b) reads:

(b) The public members of the chiropractic examining board, the dentistry examining board, the hearing and speech examining board, the medical examining board, the physical therapy examining board, perfusionists examining council, respiratory care practitioners examining council and council on physician assistants, the board of nursing, the nursing home administrator examining board, the veterinary examining board, the optometry examining board, the pharmacy examining board, the marriage and family therapy, professional counseling, and social work examining board, the psychology examining board, and the radiography examining board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

SB285, s. 2 Section 2. The treatment of 15.085 (1m) (b) of the statutes by 2009 Wisconsin Act 113 is not repealed by 2009 Wisconsin Act 149. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau s. 15.085 (1m) (b) reads:

(b) The public members of the podiatry affiliated credentialing board or occupational therapists affiliated credentialing board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

SB285, s. 3 Section 3 . 20.437 (1) (jm) of the statutes, as affected by 2009 Wisconsin Act 76, section 1j, is amended to read:

SB285,2,12 20.437 (1) (jm) Licensing activities. All moneys received from licensing activities under ss. 48.60, 48.62, 48.625, and 938.22 (7), from fees under ss. 48.615, 48.625, and 938.22 (7) (b) and (c), and from fees under s. 48.685 (8) charged to entities other than day child care centers or day child care providers, for the costs of licensing child welfare agencies under s. 48.60, foster homes under s. 48.62, group homes under s. 48.625, and shelter care facilities under s. 938.22 (7) and for the purposes specified in s. 48.685 (2) (am) and (b) 1., (3) (a) and (b), and (5) (a) with respect to those entities.

Note: Inserts correct term. 2009 Wis. Act 76 inserted references to "day care." 2009 Wis. Act 185 changed "day care" to "child care" throughout the statutes without taking account of the treatment by Act 76.

SB285, s. 4 Section 4. 20.437 (2) (jn) of the statutes, as affected by 2009 Wisconsin Acts 76 and 185, is amended to read:

SB285,3,3 20.437 (2) (jn) Child care licensing and certification activities. All moneys received from licensing activities under s. 48.65, from certifying activities under s. 48.651, from fees under ss. 48.65 (3) and 48.651 (2), and from fees under s. 48.685 (8) charged to day child care centers and day child care providers for the costs of licensing child care centers under s. 48.65 and of certifying child care providers under s. 48.651 and for the purposes specified in s. 48.685 (2) (am), (ar), and (b) 1. and 2., (3) (am) and (bm), and (5) (a) with respect to day child care centers and day child care providers.

Note: Inserts correct term. 2009 Wis. Act 76 inserted four references to "day care" in this provision. 2009 Wis. Act 185 changed two previously existing references from "day care" to "child care" and made similar changes throughout the statutes without taking the treatment by Act 76 into account.

SB285, s. 5 Section 5. 23.24 (2) (a) 4. of the statutes is amended to read:

SB285,3,6 23.24 (2) (a) 4. Administer and establish by rule procedures and requirements for the issuing of aquatic plants plant management permits required under sub. (3).

Note: Makes terminology consistent with the remainder of ch. 23.

SB285, s. 6 Section 6. 23.33 (5r) (e) of the statutes is amended to read:

SB285,3,13 23.33 (5r) (e) If a private landowner enters into an agreement with a county to allow a public all-terrain vehicle corridor on the landowner's land for a period of at least 5 years, the landowner shall receive a supplemental payment, in addition to the payment as calculated under par. (c) (d), that equals 10 percent of the payment calculated under par. (c) (d) for each full or partial fiscal year that is included in the 5-year period.

Note: Corrects cross-reference. Section 23.33 (5r) (d) provides the method for calculating incentive payments. Section 23.33 (5r) (c) requires the forester or another employee of each county in which a public all-terrain vehicle corridor is located to measure the length of the corridor for the purpose of calculating the incentive payment.

SB285, s. 7 Section 7. 23.33 (5r) (g) of the statutes is amended to read:

SB285,3,17 23.33 (5r) (g) During fiscal year 2007-08, the department may expend up to $100,000 from the appropriation under s. 20.370 (5) (cu) (cv) for incentive payments under this program.

Note: Corrects cross-reference. Section 20.370 (5) (cv) is the appropriation for incentive payments to landowners for public all-terrain vehicle corridors. Section 20.370 (5) (cu) is the appropriation for payments to governmental units, under a separate program for all-terrain vehicle projects.

SB285, s. 8 Section 8. 26.39 (7) (a) of the statutes, as affected by 2009 Wisconsin Acts 28 and 181, is amended to read:

SB285,4,10 26.39 (7) (a) From the appropriation under s. 20.370 (5) (ax), the department shall establish a scholarship grant program to assist individuals who are seeking certification by the Great Lakes Timber Professionals Association as master loggers or who are seeking logger safety training certified by the Wisconsin Professional Loggers Great Lakes Timber Professionals Association. A scholarship grant under the program may not exceed 50 percent of the total cost of receiving the certification or training. The department shall promulgate rules that establish criteria for the program.

Note: 2009 Wis. Act 181 changed "Wisconsin Professional Loggers Association" to "Great Lakes Timber Professionals Association" throughout the statutes but did not take into account the treatment of s. 26.39 (7) (a) by 2009 Wis. Act 28, which added the reference stricken above.

SB285, s. 9 Section 9. 29.304 (3) (a) 1. of the statutes, as affected by 2009 Wisconsin Act 39, is amended to read:

SB285,4,14 29.304 (3) (a) 1. Is accompanied by his or her parent or guardian or by a person at least 18 years of age who is designated by the parent or guardian; or

Note: The underscored "or" was deleted by 2009 Wis. Act 39 without being shown as stricken. No change was intended.

SB285, s. 10 Section 10. 40.03 (2) (it) of the statutes is repealed.

Section 40.03 (2) (it) provided for the promulgation of rules "required for the administration of the private employer health care coverage program established under subch. X." Subchapter X of Chapter 40 was repealed 1-1-10 by 1999 Wis. Act 9.

SB285, s. 11 Section 11. The treatment of 45.40 (3m) of the statutes by 2009 Wisconsin Act 37 is not repealed by 2009 Wisconsin Act 113. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 45.40 (3m) reads:

(3m) Rules. The department shall promulgate rules establishing eligibility criteria and household income limits for payments under subs. (1m), (2), and (2m). The department may not include in the rules establishing eligibility criteria and household income limits any consideration of the first $50,000 of cash surrender value of any life insurance that is available to the veteran's household.

SB285, s. 12 Section 12. 48.299 (9) of the statutes, as created by 2009 Wisconsin Act 94, is amended to read:

SB285,5,12 48.299 (9) If at any point in the proceeding the court determines or has reason to know that the child is an Indian child, the court shall provide notice of the proceeding to the child's parent, Indian custodian, and tribe in the manner specified in s. 48.028 (4) (a). The next hearing in the proceeding may not be held until at least 10 days after receipt of the notice by the parent, Indian custodian, and tribe or, if the identity or location of the parent, Indian custodian, expectant mother, or tribe cannot be determined, until at least 15 days after receipt of the notice by the U.S. secretary of the interior. On request of the parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for that hearing.

Note: Provides for parallel construction within the affected sentence, which contains no antecedent for "the ... expectant mother." Removal of the term makes the provision consistent with the notice provisions of s. 48.028 (4) (a) and makes the affected sentence congruent with those contained in ss. 48.42 (2g) (ag), 48.357 (2m) (br), and 48.357 (1) (c) 2r., as created by 2009 Wis. Act 94. Drafting records for Act 94 show that references to "expectant mothers" were included in drafts of Act 94 but removed prior to the final version.

SB285, s. 13 Section 13. 48.32 (1) (b) 1. c. of the statutes, as affected by 2009 Wisconsin Acts 79 and 185, is amended to read:

SB285,5,18 48.32 (1) (b) 1. c. If a permanency plan has previously been prepared for the child, a finding as to whether the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency plan, including, if appropriate, through an out-of-state placement,.

Note: 2009 Wis. Act 185 deleted a comma where the underscored comma is inserted, but its reinsertion was made necessary by the treatment by 2009 Wis. Act 79. Act 79 inserted the stricken comma, but it was rendered unnecessary by the treatment by Act 185.

SB285, s. 14 Section 14. 48.33 (4) (c) of the statutes, as affected by 2009 Wisconsin Acts 79 and 185, is amended to read:

SB285,6,13 48.33 (4) (c) Specific information showing that continued placement of the child in his or her home would be contrary to the welfare of the child, specific information showing that the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services to the child has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, and, if a permanency plan has previously been prepared for the child, specific information showing that the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency plan, including, if appropriate, through an out-of-state placement,.