AB845: Bill Text

2017 Assembly BILL 845

January 16, 2018 - Introduced by Law Revision Committee. Referred to Committee on Rules.

AB845,1,2 An Act relating to: revising various provisions of the statutes for the purpose of making corrections and reconciling 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:

AB845,1 Section 1. 15.06 (1) (b) of the statutes is amended to read:

AB845,1,7 15.06 (1) (b) The commissioner of insurance shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor. The governor may remove from office the commissioner of insurance who was appointed for a fixed term before August 1, 1987.

Note: Removes obsolete transition provision.

AB845,2 Section 2. 20.485 (1) (gk) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

AB845,2,16 20.485 (1) (gk) Institutional operations. The amounts in the schedule for the care of the members of the Wisconsin veterans homes under s. 45.50, for the payment of stipends under s. 45.50 (2m) (f), for the transfer of moneys to the appropriation account under s. 20.435 (4) (ky) for payment of the state share of the medical assistance costs related to the provision of stipends under s. 45.50 (2m) (f), for the payment of assistance to indigent veterans under s. 45.43 to allow them to reside at the Wisconsin Veterans Home at Union Grove, for the transfer of moneys to the appropriation accounts under pars. (kc) and, (kg), and (kj), and for the payment of grants under s. 45.82. Not more than 1 percent of the moneys credited to this appropriation account may be used for the payment of assistance to indigent veterans under s. 45.43. All moneys received under par. (m) and s. 45.51 (7) (b) and (8) and all moneys received for the care of members under medical assistance, as defined in s. 49.43 (8), shall be credited to this appropriation account. Except for the moneys transferred under this paragraph to the appropriation account under par. (kc), no moneys may be expended from this appropriation for the purposes specified in par. (kc).

Note: As a result of using the wrong version of the statute text, the cross-reference to par. (kj) was inadvertently dropped.

AB845,3 Section 3. 23.0917 (5g) (a) of the statutes is amended to read:

AB845,3,2 23.0917 (5g) (a) Except as provided in pars. (b) and, (c), (d), and (e), if for a given fiscal year, the department obligates an amount from the moneys appropriated under s. 20.866 (2) (ta) for a subprogram under sub. (3) or (4) that is less than the annual bonding authority under that subprogram for that given fiscal year, the department may not obligate the unobligated amount in subsequent fiscal years. This subsection applies beginning with fiscal year 2011-12 and ending with fiscal year 2019-20.

Note: 2017 Wis. Act 59 created s. 23.0917 (5g) (d) and (e), which contain exceptions to the provisions of s. 23.0917 (5g) (a), but which were inadvertently not noted in s. 23.0917 (5g) (a).

AB845,4 Section 4. The treatment of 29.324 (2) of the statutes by 2017 Wisconsin Act 61 is not repealed by 2017 Wisconsin Act 62. Both treatments stand.

Note: There is no conflict of substance. See also the treatment of s. 29.324 (2) (intro.) at Section 49 of this bill.

AB845,5 Section 5. 35.001 (2) of the statutes is amended to read:

AB845,3,7 35.001 (2) “Department" in this chapter means the department of administration.

Note: Deletes redundant language. Section 35.001 (intro.) reads: “As used in this chapter:”

AB845,6 Section 6. 48.981 (2m) (b) 1. of the statutes is amended to read:

AB845,3,11 48.981 (2m) (b) 1. “Health care provider" means a physician, as defined under s. 448.01 (5), a physician assistant, as defined under s. 448.01 (6), or a nurse holding a certificate of registration license under s. 441.06 (1) or a license under s. 441.10.

Note: 1987 Wis. Act 264 replaced “registration” and “certificates of registration” for nurses with “licensure” and “licenses” in s. 441.06 (1). The reference in s. 48.981 (2m) (b) 1., as created by 1987 Wis. Act 27, was not changed accordingly.

AB845,7 Section 7. 54.01 (13) of the statutes is amended to read:

AB845,3,18 54.01 (13) “Heir" means any person, including the surviving spouse, who is entitled under the statutes of intestate succession to an interest in property of a decedent. The state is an heir of the decedent and a person interested under s. 45.37 45.51 (10) and (11) when the decedent was a member of the Wisconsin Veterans Home at King or at the facilities operated by the department of veterans affairs under s. 45.50 at the time of the decedent's death.

Note: Section 45.37 (10) and (11), 2003 stats., were repealed and recreated as s. 45.51 (10) and (11) by 2005 Wis. Act 22, but the cross-reference in s. 54.01 (13) was not amended accordingly.

AB845,8 Section 8. 62.23 (17) (a) (intro.) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

AB845,4,9 62.23 (17) (a) (intro.) Except as provided in par. (am), cities may acquire by gift, lease, purchase, or condemnation any lands (a) within its corporate limits for establishing, laying out, widening, enlarging, extending, and maintaining memorial grounds, streets, squares, parkways, boulevards, parks, playgrounds, sites for public buildings, and reservations in and about and along and leading to any or all of the same; (b) or any lands adjoining or near to such city for use, sublease, or sale for any of the following purposes:

Note: Deletes letters indicating subdivision of the provision that is inconsistent with current style.

AB845,9 Section 9. 66.0421 (1) (intro.) of the statutes is created to read:

AB845,4,11 66.0421 (1) Definitions. (intro.) In this section:

Note: Adds language consistent with current style for provisions containing multiple definitions applicable in a section.

AB845,10 Section 10. The treatment of 66.1105 (4) (gm) 4. c. of the statutes by 2017 Wisconsin Act 58 is not repealed by 2017 Wisconsin Act 70. Both treatments stand.

Note: There is no conflict of substance. See also the treatment of s. 66.1105 (4) (gm) 4. c. at Sections 48 and 49 of this bill.

AB845,11 Section 11. The treatment of 71.07 (3wm) (b) (intro.) of the statutes by 2017 Wisconsin Act 58 is not repealed by 2017 Wisconsin Act 59. Both treatments stand.

Note: There is no conflict of substance.

AB845,12 Section 12. The treatment of 71.07 (3wm) (bm) of the statutes by 2017 Wisconsin Act 58 is not repealed by 2017 Wisconsin Act 59. Both treatments stand.

Note: There is no conflict of substance.

AB845,13 Section 13. The treatment of 71.07 (3wm) (d) of the statutes by 2017 Wisconsin Act 58 is not repealed by 2017 Wisconsin Act 59. Both treatments stand.

Note: There is no conflict of substance.

AB845,14 Section 14. The treatment of 71.10 (4) (i) of the statutes by 2017 Wisconsin Act 58 is not repealed by 2017 Wisconsin Act 59. Both treatments stand.

Note: There is no conflict of substance.

AB845,15 Section 15. The treatment of 71.26 (2) (a) 4. of the statutes by 2017 Wisconsin Act 58 is not repealed by 2017 Wisconsin Act 59. Both treatments stand.

Note: There is no conflict of substance.

AB845,16 Section 16. The treatment of 71.28 (3wm) (b) (intro.) of the statutes by 2017 Wisconsin Act 58 is not repealed by 2017 Wisconsin Act 59. Both treatments stand.

Note: There is no conflict of substance.

AB845,17 Section 17. The treatment of 71.28 (3wm) (bm) of the statutes by 2017 Wisconsin Act 58 is not repealed by 2017 Wisconsin Act 59. Both treatments stand.

Note: There is no conflict of substance.

AB845,18 Section 18. The treatment of 71.28 (3wm) (d) of the statutes by 2017 Wisconsin Act 58 is not repealed by 2017 Wisconsin Act 59. Both treatments stand.

Note: There is no conflict of substance.

AB845,19 Section 19. The treatment of 71.30 (3) (f) of the statutes by 2017 Wisconsin Act 58 is not repealed by 2017 Wisconsin Act 59. Both treatments stand.

Note: There is no conflict of substance.

AB845,20 Section 20. 77.54 (14) (a) and (14m) of the statutes are amended to read:

AB845,5,18 77.54 (14) (a) Prescribed for the treatment of a human being by a person authorized to prescribe the drugs, and dispensed on prescription filled by a registered pharmacist in accordance with law.

AB845,6,3 (14m) For purposes of sub. (14), insulin furnished by a registered pharmacist to a person for treatment of diabetes as directed by a physician shall be deemed dispensed on prescription.

Note: The registration of pharmacists was eliminated by 1985 Wis. Act 146 in favor of licensure. The term “licensed pharmacist” is not regularly used in the statutes as under s. 450.03 (1), “no person may engage in the practice of pharmacy or use the title `pharmacist' . . . unless the person is licensed as a pharmacist.”

AB845,21 Section 21. 104.01 (9) of the statutes is repealed.

Note: Section 104.01 (9) provides a definition of “welfare” in ch. 104. The term “welfare” is not otherwise included in ch. 104.

AB845,22 Section 22. 118.40 (3o) of the statutes, as created by 2017 Wisconsin Act 30, is amended to read:

AB845,6,12 118.40 (3o) Report of the director to the department of health services. The director shall, following the 3rd school year of the operation of the charter school established under par. sub. (2x) (cm), report, in writing, to the department of health services on the operation and effectiveness of the charter school. The director shall include in the report an evaluation of the effectiveness of the charter school on long-term student recovery outcomes.

Note: There is no s. 118.40 (3o) (cm). Drafting records show that 2017 Wis. Act 30 was intended to require a written report on the operation and effectiveness of the charter school authorized by the act. The authorization of that charter school is provided for under s. 118.40 (2x) (cm).

AB845,23 Section 23. 119.04 (1) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

AB845,7,8 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.363, 115.364, 115.365 (3), 115.367, 115.38 (2), 115.415, 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), and (39), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board but not, unless explicitly provided in this chapter or in the terms of a contract, to the commissioner or to any school transferred to an opportunity schools and partnership program.

Note: There is no s. 120.13 (39). A preliminary version of the bill enacted as 2017 Wis. Act 59 created a provision numbered s. 120.13 (39) that was removed from the bill as enacted. The cross-reference was not removed accordingly.

AB845,24 Section 24. 125.27 (2) (am) of the statutes is amended to read:

AB845,7,12 125.27 (2) (am) An applicant for a permit under par. (a) shall provide proof that the vessel is certified by the U.S. coast guard, classed by the American bureau of shipping, or covered by liability insurance.

Note: Adds comma consistent with current style and to maintain parallel structure with s. 125.51 (5) (c) 1m. See Section 25 of this bill.

AB845,25 Section 25 . 125.51 (5) (c) 1m. of the statutes is amended to read:

AB845,7,16 125.51 (5) (c) 1m. An applicant for a permit under par. (a) subd. 1. shall provide proof that the vessel is certified by the U.S. coast guard, classed by the American bureau of shipping, or covered by liability insurance.

Note: Inserts correct cross-reference and makes structure consistent with a parallel provision, s. 125.27 (2) (am). Section 125.51 (5) (c) 1. authorizes the issuance of a “Class B" permit authorizing the sale of intoxicating liquor for consumption on any vessel. Section 125.51 (5) (a) authorizes the Department of Revenue to issue “Class B" permits to clubs that are operated solely for the playing of golf or tennis. Adds comma consistent with current style.

AB845,26 Section 26. 227.116 (1r) and (2) of the statutes are amended to read:

AB845,8,3 227.116 (1r) Each proposed rule submitted to the legislative council staff under s. 227.15 that includes a requirement for a business to obtain a permit shall specify the number of business days, calculated beginning on the day a permit application is received, within which the agency will review and make a determination on a permit application.

AB845,8,8 (2) If any existing rule does not comply with sub. (1r), the agency that promulgated the rule shall submit to the legislative council staff a proposed revision of the rule that will bring the rule into compliance with sub. (1r). The legislative council staff's review of the proposed revision is limited to determining whether or not the agency has complied with this subsection.

Note: Corrects agency name.

AB845,27 Section 27. 227.24 (4) of the statutes, as affected by 2017 Wisconsin Act 57, is amended to read:

AB845,8,19 227.24 (4) Public hearing. Notwithstanding sub. (1) (a) and (b) and in addition to any preliminary public hearing and comment period held under sub. (1) (e) 1d., an agency shall hold a public hearing within 45 days after it promulgates a rule under sub. (1). If within that 45-day period the agency submits to the legislative council staff under s. 227.15 a proposed rule corresponding to the rule under sub. (1), it shall hold a public hearing on both rules within 90 days after promulgation of the rule under sub. (1), or within 30 days after the agency receives the report on the proposed rule prepared by the legislative council staff under s. 227.15 (2), whichever occurs later.

Note: Corrects agency name.

AB845,28 Section 28. 254.158 (2) (b) of the statutes is amended to read:

AB845,8,21 254.158 (2) (b) A nurse registered, permitted or licensed under ch. 441.

Note: 1987 Wis. Act 264 replaced “registration” and “certificates of registration” for nurses with “licensure” and “licenses” in s. 441.06 (1). There is no current provision for registration of nurses under ch. 441.

AB845,29 Section 29. 340.01 (5m) of the statutes is repealed.

Note: Section 340.01 (5m) defines “bike route” in s. 23.33 and chs. 340 to 349 and 351, but the term does not appear in that section or those chapters.

AB845,30 Section 30. 440.08 (2) (a) (intro.) of the statutes is amended to read:

AB845,9,4 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04, 444.03, 444.11, 447.04 (2) (c) 2., 449.17 (1m) (d), 449.18 (2) (d) (e), 463.10, 463.12, and 463.25 and subch. II of ch. 448, the renewal dates for credentials are as follows: