2015 - 2016 LEGISLATURE
January 12, 2016 - Introduced by
Law Revision Committee. Referred to Committee
on Senate Organization.
SB561,1,2
1An Act relating to: affecting various provisions of the statutes to correct errors
2and 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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
SB561,5,113
51.13
(1) (bm)
Minors 14 years of age or older; alcoholism or drug abuse
4treatment. Except as provided in par. (c) and ss.
51.42 51.45 (2m) and 51.47, the
5application for admission of a minor who is 14 years of age or older to an approved
6inpatient facility for the primary purpose of treatment for alcoholism or drug abuse
7shall be executed by a parent who has legal custody of the minor or the minor's
8guardian. Any statement or conduct by a minor who is the subject of an application
9for admission under this paragraph indicating that the minor does not agree to
10admission to the facility shall be noted on the face of the application and shall be
11noted 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.
SB561,5,2014
51.15
(4m) (b)
Basis for detention. In Milwaukee County, a treatment director
15or treatment director designee may take an individual into custody if the treatment
16director or treatment director designee has cause to believe that the individual is
17mentally ill, is drug dependent, or is developmentally disabled, and that the
18individual evidences any of the criteria under sub. (1)
(a) (ar) 1. to 4. The treatment
19director's belief or the treatment director designee's belief shall be based on any of
20the criteria under sub. (1) (b).
SB561,6,63
51.15
(4m) (c)
Facilities for detention. The treatment director or treatment
4director designee shall transport the individual, or cause him or her to be
5transported, for detention to any of the facilities described in sub. (2)
(a) to (d) and
6shall 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
7Section
13. 51.15 (11) of the statutes is amended to read:
SB561,6,158
51.15
(11) Liability. Any individual who acts in accordance with this section,
9including making a determination that an individual has or does not have mental
10illness or evidences or does not evidence a substantial probability of harm under sub.
11(1)
(a) (ar) 1., 2., 3.
, or 4., is not liable for any actions taken in good faith. The good
12faith of the actor shall be presumed in any civil action. Whoever asserts that the
13individual who acts in accordance with this section has not acted in good faith has
14the burden of proving that assertion by evidence that is clear, satisfactory and
15convincing.
Note: Section 51.15 (1) (a) was renumbered s. 51.15 (1) (ar) by
2013 Wis. Act 158 but the cross-reference was not amended accordingly.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 51.20 (7) (a) reads:
(a) After the filing of the petition under sub. (1), if the subject individual is detained
under s. 51.15 or this section the court shall schedule and hold a hearing to determine
whether there is probable cause to believe the allegations made under sub. (1) (a) within
72 hours after the individual is taken into custody under s. 51.15 or this section, excluding
Saturdays, Sundays and legal holidays. At the request of the subject individual or his or
her counsel the hearing may be postponed, but in no case may the postponement exceed
7 days from the date of detention.
SB561,7,83
51.41
(5) (b) The Milwaukee County mental health board may transfer
4jurisdiction over a Milwaukee County function, service, or program to itself that
5pertains to mental health or is highly integrated with mental health services and
6that is not under its jurisdiction by statute, by an affirmative vote of a majority of
7the Milwaukee County mental health board
members and a majority of the
8Milwaukee County board of supervisors.
Note: "Members" was deleted without being shown as stricken. The deletion was
unintended. See also Section 72 of this bill.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 59.54 (25g) (a) (intro.), as renumbered and amended from s. 59.54 (25g) by Act
293, reads:
(a) The board may enact and enforce an ordinance to prohibit the possession of any
controlled substance specified in s. 961.14 (4) (tb), and provide a forfeiture for a violation
of the ordinance, except that if a complaint is issued regarding an allegation of possession
of a controlled substance specified in s. 961.14 (4) (tb) following a conviction in this state
for possession of a controlled substance, the subject of the complaint may not be
prosecuted under this subsection for the same action that is the subject of the complaint
unless all of the following occur:
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 66.0107 (1) (bn) reads:
(bn) Enact and enforce an ordinance to prohibit the possession of a controlled
substance specified in s. 961.14 (4) (tb) and provide a forfeiture for a violation of the
ordinance, except that if a complaint is issued regarding an allegation of possession of a
controlled substance specified in s. 961.14 (4) (tb) following a conviction in this state for
possession of a controlled substance, the subject of the complaint may not be prosecuted
under this paragraph for the same action that is the subject of the complaint unless the
charges are dismissed or the district attorney declines to prosecute the case.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 71.05 (6) (b) 47. b. reads:
b. With respect to partners and members of limited liability companies, for taxable
years beginning after December 31, 2010, and before January 1, 2014, for 2 consecutive
taxable years beginning with the taxable year in which the partnership's or limited
liability company's business locates to this state from another state or another country
and begins doing business in this state, as defined in s. 71.22 (1r), and subject to the
limitations provided under subd. 47. d., dm., and e., the partner's or member's
distributive share of taxable income as calculated under section
703 of the Internal
Revenue Code; plus the items of income and gain under section
702 of the Internal
Revenue Code, including taxable state and municipal bond interest and excluding
nontaxable interest income or dividend income from federal government obligations;
minus the items of loss and deduction under section
702 of the Internal Revenue Code,
except items that are not deductible under s. 71.21; plus guaranteed payments to
partners under section
707 (c) of the Internal Revenue Code; plus the credits claimed
under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (2dy), (3g), (3h),
(3n), (3p), (3q), (3r), (3rm), (3rn), (3s), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5r),
(5rm), and (8r); and plus or minus, as appropriate, transitional adjustments, depreciation
differences, and basis differences under s. 71.05 (13), (15), (16), (17), and (19), multiplied
by the apportionment fraction determined in s. 71.04 (4) and subject to s. 71.04 (7) or by
separate accounting. No amounts subtracted under this subd. 47. b. may be included in
the modification under par. (b) 9. or 9m.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 97.29 (2) (a) reads:
(a) Requirement. Except as provided under par. (b) and s. 97.28, no person may
operate a food processing plant without a valid license issued by the department for that
food processing plant. A license expires on March 31 annually, except that a license issued
for a new food processing plant on or after January 1 but before April 1 expires on March
31 of the following year. Each food processing plant shall have a separate license. A
license is not transferable between persons or locations. Application for a license shall
be made on a form provided by the department and be accompanied by the applicable fees
required under sub. (3). An applicant shall identify the categories of food processing
activities which the applicant proposes to conduct at the food processing plant. An
application shall include additional information which may reasonably be required by the
department for licensing purposes.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 97.30 (2) (a) reads:
(a) Requirement. Except as provided under par. (b), no person may operate a retail
food establishment without a valid license issued by the department or an agent city or
county. Except as provided in par. (am), licenses expire on June 30 annually, except that
a license issued for a new retail food establishment on or after March 30 but before July
1 expires on June 30 of the following year. Each retail food establishment shall have a
separate license. A license is not transferable between persons or establishments.
Application for a license shall be made on a form provided by the department, or by the
agent city or county, and be accompanied by the applicable fees required under sub. (3)
or s. 97.41. An application shall indicate whether food processing is conducted at the
establishment and shall specify the nature of any food processing activities. An
application shall include other information reasonably required by the department, or by
the agent city or county, for licensing purposes.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 108.04 (2) (a) 2. reads:
2. Except as provided in s. 108.062 (10m), as of that week, the individual has
registered for work as directed by the department;
SB561,9,105
115.385
(2) Beginning one year after a charter school established under s.
6118.40 (2r) or a private school participating in a parental choice program under s.
7118.60 or 119.23 begins using the student information system under s.
115.28 (12)
8(b) 115.383 (3), or begins using a system that is interoperable with that system, the
9department shall include the school in its annual school accountability report under
10sub. (1).
SB561,9,1413
119.23
(10) (am) 1. The private school has not complied with the requirements
14under sub. (7)
(f) or (em).
SB561,24
15Section
24. 132.16 (3) of the statutes is amended to read:
SB561,9,1816
132.16
(3) The department shall keep a properly indexed file of all registrations
17under this section, which shall also show any alterations or
cancelations 18cancellations by reregistration.
Note: Inserts preferred spelling.
