SB561: Bill Text

LRB-4363/1

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2015 - 2016 LEGISLATURE

2015 Senate BILL 561

January 12, 2016 - Introduced by Law Revision Committee. Referred to Committee on Senate Organization.

SB561,1,2 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, prepared by the Legislative Reference Bureau under s. 13.92 (1) (bm) 1. and 2. and (2) (i) and (L), stats. is 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:

SB561,1 Section 1. The treatment of 7.30 (2) (a) of the statutes by 2013 Wisconsin Act 147 is not repealed by 2013 Wisconsin Act 181. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 7.30 (2) (a) reads:

(a) Only election officials appointed under this section or s. 6.875 may conduct an election. Except as otherwise provided in this paragraph and in ss. 7.15 (1) (k) and 7.52 (1) (b), each election official shall be a qualified elector of a county in which the municipality where the official serves is located, and each chief inspector shall be a qualified elector of the municipality in which the chief inspector serves. If no qualified candidate for chief inspector is available or if the chief inspector is appointed to fill a vacancy under par. (b), the person so appointed need not be a qualified elector of the municipality. If a municipal clerk or deputy clerk serves as a registration deputy or is appointed to fill a vacancy under par. (b), the clerk or deputy clerk need not be a resident of the county, but shall be a resident of the state. No more than 2 individuals holding the office of clerk or deputy clerk may serve without regard to county residency in any municipality at any election. Special registration deputies who are appointed under s. 6.55 (6) may be appointed to serve more than one polling place. All officials appointed under this section shall be able to read and write the English language, be capable, and be of good understanding, and may not be a candidate for any office to be voted for at an election at which they serve. In 1st class cities, they may hold no public office other than notary public. Except as authorized under subs. (1) (b) and (4) (c), all inspectors shall be affiliated with one of the 2 recognized political parties which received the largest number of votes for president, or governor in nonpresidential general election years, in the ward or combination of wards served by the polling place at the last election. Excluding the inspector who may be appointed under sub. (1) (b), the party which received the largest number of votes is entitled to one more inspector than the party receiving the next largest number of votes at each polling place. Whenever 2 or more inspectors are required to perform a function within a polling place and both parties that are entitled to submit nominees have done so, the chief inspector shall assign, insofar as practicable, an equal number of inspectors from the nominees of each party.

SB561,2 Section 2. The treatment of 15.405 (2) (a) of the statutes by 2013 Wisconsin Act 124 is not repealed by 2013 Wisconsin Act 358. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 15.405 (2) (a) reads:

(a) In operation, the examining board shall be divided into an architect section, a landscape architect section, a professional engineer section, a designer section, and a professional land surveyor section. Each section shall consist of the 3 members of the named profession appointed to the examining board and 2 public members appointed to the section. The examining board shall elect its own officers and shall meet at least twice annually.

SB561,3 Section 3. The treatment of 16.75 (3m) (b) 2. of the statutes by 2013 Wisconsin Act 20 is not repealed by 2013 Wisconsin Act 192. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 16.75 (3m) (b) 2. reads:

2. The department, any agency to which the department delegates purchasing authority under s. 16.71 (1), and any agency making purchases under s. 16.74 shall attempt to ensure that at least 1 percent of the total amount expended under this subchapter in each fiscal year is paid to disabled veteran-owned businesses.

SB561,4 Section 4. The treatment of 19.32 (1) of the statutes by 2013 Wisconsin Act 171 is not repealed by 2013 Wisconsin Act 265. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 19.32 (1) reads:

(1) "Authority" means any of the following having custody of a record: a state or local office, elective official, agency, board, commission, committee, council, department or public body corporate and politic created by the constitution or by any law, ordinance, rule or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a special purpose district; any court of law; the assembly or senate; a nonprofit corporation which receives more than 50% of its funds from a county or a municipality, as defined in s. 59.001 (3), and which provides services related to public health or safety to the county or municipality; a university police department under s. 175.42; or a formally constituted subunit of any of the foregoing.

SB561,5 Section 5. The treatment of 20.435 (5) (bc) of the statutes by 2013 Wisconsin Act 129 is not repealed by 2013 Wisconsin Act 195. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 20.435 (5) (bc) reads:

(bc) Grants for community programs. The amounts in the schedule for grants for and contracts to establish community programs under s. 46.48 and for opioid treatment programs under s. 51.422. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer funds between fiscal years under this paragraph. Except for amounts authorized to be carried forward under s. 46.48 and as otherwise provided in this paragraph, all funds allocated but not encumbered by December 31 of each year lapse to the general fund on the next January 1 unless carried forward to the next calendar year by the joint committee on finance. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department shall transfer from this appropriation account to the appropriation account for the department of children and families under s. 20.437 (2) (dz) funds allocated by the department under s. 46.48 (30) but unexpended on June 30 of each year.

SB561,6 Section 6. The treatments of 35.93 (2) (c) 1. of the statutes by 2013 Wisconsin Acts 125, 136, 210, 277, 278, 295, 320, 332 and 361 are not repealed by 2013 Wisconsin Act 363. All treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 35.93 (2) (c) 1. reads:

1. Each chapter of the Wisconsin administrative code that has been affected by rules filed with the legislative reference bureau under s. 227.20 (1) or modified under s. 227.265, in accordance with sub. (3) (e) 1.

SB561,7 Section 7. The treatment of 48.357 (2m) (a) of the statutes by 2013 Wisconsin Act 170 is not repealed by 2013 Wisconsin Act 334. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.357 (2m) (a) reads:

(a) Except as provided in par. (bv), the child, the parent, guardian, legal custodian, or Indian custodian of the child, the expectant mother, the unborn child's guardian ad litem, or any person or agency primarily bound by the dispositional order, other than the person or agency responsible for implementing the order, may request a change in placement under this paragraph. The request shall contain the name and address of the new placement requested and shall state what new information is available that affects the advisability of the current placement. If the proposed change in placement would change the placement of a child placed in the child's home to a placement outside the child's home, the request shall also contain specific information showing that continued placement of the child in the home would be contrary to the welfare of the child and, unless any of the circumstances under s. 48.355 (2d) (b) 1. to 5. applies, specific information showing that the agency primarily responsible for implementing the dispositional order 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. The request shall be submitted to the court. The court may also propose a change in placement on its own motion.

SB561,8 Section 8. The treatment of 48.357 (2m) (b) of the statutes by 2013 Wisconsin Act 170 is not repealed by 2013 Wisconsin Act 334. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.357 (2m) (b) reads:

(b) The court shall hold a hearing prior to ordering any change in placement requested or proposed under par. (a) if the request states that new information is available that affects the advisability of the current placement. Except as provided in par. (bv), a hearing is not required if the requested or proposed change in placement does not involve a change in placement of a child placed in the child's home to a placement outside the child's home, written waivers of objection to the proposed change in placement are signed by all persons entitled to receive notice under this paragraph, other than a court-appointed special advocate, and the court approves. If a hearing is scheduled, not less than 3 days before the hearing the court shall notify the child, the parent, guardian, and legal custodian of the child, any foster parent or other physical custodian described in s. 48.62 (2) of the child, the child's court-appointed special advocate, all parties who are bound by the dispositional order, and, if the child is an Indian child, the Indian child's Indian custodian and tribe. If the child is the expectant mother of an unborn child under s. 48.133, the court shall also notify the unborn child's guardian ad litem. If the change in placement involves an adult expectant mother of an unborn child under s. 48.133, the court shall notify the adult expectant mother, the unborn child's guardian ad litem, and all parties who are bound by the dispositional order, at least 3 days prior to the hearing. A copy of the request or proposal for the change in placement shall be attached to the notice. Subject to par. (br), if all of the parties consent, the court may proceed immediately with the hearing.

SB561,9 Section 9. The treatment of 48.979 (2) of the statutes by 2013 Wisconsin Act 314 is not repealed by 2013 Wisconsin Act 335. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, the affected portion of s. 48.979 (2) reads:

THIS DOCUMENT MAY NOT BE USED TO DELEGATE THE POWER TO CONSENT TO THE MARRIAGE OR ADOPTION OF THE CHILD(REN), THE PERFORMANCE OR INDUCEMENT OF AN ABORTION ON OR FOR THE CHILD(REN), THE TERMINATION OF PARENTAL RIGHTS TO THE CHILD(REN), THE ENLISTMENT OF THE CHILD(REN) IN THE U.S. ARMED FORCES OR TO PLACE THE CHILD(REN) IN A FOSTER HOME, GROUP HOME, SHELTER CARE FACILITY, OR INPATIENT TREATMENT FACILITY.

EFFECTIVE DATE AND TERM OF THIS DELEGATION

This Power of Attorney takes effect on .... and will remain in effect until .... If no termination date is given, this Power of Attorney will remain in effect for a period of one year after the effective date, but no longer. If the termination date given is more than one year after the effective date of this Power of Attorney, this Power of Attorney must be approved by the juvenile court. This Power of Attorney may be revoked in writing at any time by a parent who has legal custody of the child(ren) and such a revocation invalidates the delegation of parental powers made by this Power of Attorney, except with respect to acts already taken in reliance on this Power of Attorney.

SB561,10 Section 10. 51.13 (1) (bm) of the statutes, as created by 2013 Wisconsin Act 161, is amended to read:

SB561,5,11 51.13 (1) (bm) Minors 14 years of age or older; alcoholism or drug abuse treatment. Except as provided in par. (c) and ss. 51.42 51.45 (2m) and 51.47, the application for admission of a minor who is 14 years of age or older to an approved inpatient facility for the primary purpose of treatment for alcoholism or drug abuse shall be executed by a parent who has legal custody of the minor or the minor's guardian. Any statement or conduct by a minor who is the subject of an application for admission under this paragraph indicating that the minor does not agree to admission to the facility shall be noted on the face of the application and shall be noted in the petition required under sub. (4).

Note: There is no s. 51.42 (2m). Section 51.45 (2m) relates to alcohol treatment for minors.

SB561,11 Section 11. 51.15 (4m) (b) of the statutes, as created by 2013 Wisconsin Act 235, is amended to read:

SB561,5,20 51.15 (4m) (b) Basis for detention. In Milwaukee County, a treatment director or treatment director designee may take an individual into custody if the treatment director or treatment director designee has cause to believe that the individual is mentally ill, is drug dependent, or is developmentally disabled, and that the individual evidences any of the criteria under sub. (1) (a) (ar) 1. to 4. The treatment director's belief or the treatment director designee's belief shall be based on any of the criteria under sub. (1) (b).

Note: Corrects cross-reference to reflect renumbering by 2013 Wis. Act 158.

SB561,12 Section 12. 51.15 (4m) (c) of the statutes, as created by 2013 Wisconsin Act 235, is amended to read:

SB561,6,6 51.15 (4m) (c) Facilities for detention. The treatment director or treatment director designee shall transport the individual, or cause him or her to be transported, for detention to any of the facilities described in sub. (2) (a) to (d) and shall approve evaluation, diagnosis, and treatment if permitted under sub. (8).

Note: Corrects cross-reference to reflect consolidation, renumbering, and repeal by 2013 Wis. Act 158.

SB561,13 Section 13. 51.15 (11) of the statutes is amended to read:

SB561,6,15 51.15 (11) Liability. Any individual who acts in accordance with this section, including making a determination that an individual has or does not have mental illness or evidences or does not evidence a substantial probability of harm under sub. (1) (a) (ar) 1., 2., 3., or 4., is not liable for any actions taken in good faith. The good faith of the actor shall be presumed in any civil action. Whoever asserts that the individual who acts in accordance with this section has not acted in good faith has the burden of proving that assertion by evidence that is clear, satisfactory and convincing.