Note: There is no conflict of substance.
AB378, s. 318
15Section
318. 118.12 (2) (b) of the statutes is amended to read:
AB378,118,2116
118.12
(2) (b) No cooperative educational service agency employe may receive
17for his or her personal benefit anything of value from any person other than his or
18her employing agency to sell, promote the sale of or act as an agent or solicitor for the
19sale of any goods or services to any public school pupil while on the property or at an
20activity of
of his or her employing agency or while on the property or at an activity
21of a school district in the agency.
AB378,119,73
119.55
(1) (a) The board shall establish one or more youth service centers for
4the counseling of children who are taken into custody under s.
48.19 (1) (d) 9. or 5938.19 (1) (d) 10. for being absent from school without an acceptable excuse under
6s. 118.15. The board shall contract with the boys and girls clubs of Greater
7Milwaukee for the operation of the centers.
Note: 1995 Wis. Act 77 repealed s. 48.19 (1) (d) 9. and 10. and created s. 938.19 (1)
(d) 10. which is substantively identical to s. 48.19 (1) (d) 10.
AB378,119,2110
125.07
(4) (cg) 1. A supervised work program ordered under par. (bs) or (c) shall
11be administered by the county department under s. 46.215 or 46.22 or by a
12community agency approved by the court. The court shall set standards for the
13supervised work program within the budgetary limits established by the county
14board of supervisors. The supervised work program may provide the person with
15reasonable compensation reflecting the market value of the work performed or it
16may consist of uncompensated community service work. Community service work
17ordered under par. (bs) or (c), other than community service work performed under
18a supervised work program, shall be administered by a public agency or nonprofit
19charitable organization approved by the court. The court may use any available
20resources, including any community service work program, in ordering the
child 21person to perform community service work under par. (bs) or (c).
Note: Inserts correct word. This provision applies to underage drinkers which
include certain adults as well as children.
AB378,120,143
125.085
(3) (bh) 1. A supervised work program ordered under par. (bd) shall be
4administered by the county department under s. 46.215 or 46.22 or by a community
5agency approved by the court. The court shall set standards for the supervised work
6program within the budgetary limits established by the county board of supervisors.
7The supervised work program may provide the person with reasonable
8compensation reflecting the market value of the work performed or it may consist of
9uncompensated community service work. Community service work ordered under
10par. (bd), other than community service work performed under a supervised work
11program, shall be administered by a public agency or nonprofit charitable
12organization approved by the court. The court may use any available resources,
13including any community service work program, in ordering the
child person to
14perform community service work under par. (bd).
Note: Inserts correct word. This provision applies to underage drinkers which
include certain adults as well as children.
Note: There is no conflict of substance.
AB378,121,620
134.24
(3) (a) No performing rights society may
offer to enter into, or offer to
21enter into, a contract for the payment of royalties by a proprietor unless the
22performing rights society, at the time of the offer or between the time of the offer and
2372 hours before the execution of the contract, provides to the proprietor a written
1notice of all of the obligations of the performing rights society as specified under sub.
2(2). The written notice shall also contain a statement as to whether the performing
3rights society is in compliance with any applicable federal law or court order that
4relates to the rates and terms of royalties to be paid by the proprietor or that relates
5to the circumstances or methods under which contracts subject to this section are
6offered to the proprietor.
AB378, s. 324
7Section
324. 134.85 (4) (a) of the statutes is amended to read:
AB378,121,108
134.85
(4) (a) No motor fuel grantor may require a motor
vehicle fuel dealer,
9who has a dealership with the motor fuel grantor on May 17, 1988, to keep his or her
10business open for more than 16 hours per day.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
AB378,121,2117
289.41
(1m) (b) 2m. The owner of an approved mining facility that commences
18operation after June 14, 1996, shall maintain proof of financial responsibility as
19provided in
s. 144.443 this section during the operation of the approved mining
20facility and after the closing of the approved mining facility. The owner's obligation
21to maintain proof of financial responsibility terminates only as provided in par. (g).
Note: 1995 Wis. Act 227 renumbered s. 144.441 (2) to s. 289.41 (1m) and s. 144.443
to s. 289.41.
AB378,122,65
299.62
(1) (am) "Discharge" has the meaning given in s.
144.76 (1) (a) 292.01
6(3).
Note: Effective January 1, 1997, ch. 144 was renumbered in its entirety by
1995
Wis. Act 227 into several new chapters. This provision is renumbered to ch. 299, "General
Environmental Provisions", because its subject matter does not closely match the subject
matter of any of the other new chapters. Section 144.76 (1) (a) is renumbered s. 292.01
(3) by Act 227.
AB378,122,109
299.64
(1) (b) "Open burning" has the meaning given in s.
144.436 (1) (b) 289.51
10(1) (b).
Note: Effective January 1, 1997, ch. 144 was renumbered in its entirety by
1995
Wis. Act 227 into several new chapters. This provision is renumbered to ch. 299, "General
Environmental Provisions", because its subject matter does not closely match the subject
matter of any of the other new chapters and to correspond with the renumbering of s.
144.78 by this bill.
AB378,122,15
13299.66 Inspecting vessels. An employe or agent of the department may
14board and inspect any vessel that is subject to s.
144.78 299.62 or
144.783 299.64 to
15determine the state of compliance with those provisions.
Note: Effective January 1, 1997, ch. 144 was renumbered in its entirety by
1995
Wis. Act 227 into several new chapters. This provision is renumbered to ch. 299, "General
Environmental Provisions", because its subject matter does not closely match the subject
matter of any of the other new chapters and to correspond with the renumbering of ss.
144.78 and 144.783 by this bill.
AB378,123,193
146.0255
(2) Testing. Any hospital employe who provides health care, social
4worker or intake worker under ch. 48 may refer an infant to a physician for testing
5of the infant's bodily fluids for controlled substances or controlled substance analogs
6if the hospital employe who provides health care, social worker or intake worker
7suspects that the infant has controlled substances or controlled substance analogs
8in the infant's bodily fluids because of the mother's use of controlled substances or
9controlled substance analogs while she was pregnant with the infant. The physician
10may test the infant to ascertain whether or not the infant has controlled substances
11or controlled substance analogs in the infant's bodily fluids, if the physician
12determines that there is a serious risk that there are controlled substances or
13controlled substance analogs in the infant's bodily fluids because of the mother's use
14of controlled substances or controlled substance analogs while she was pregnant
15with the infant and that the health of the infant may be adversely affected by the
16controlled substances
or controlled substance analogs. If the results of the test
17indicate that the infant does have controlled substances or controlled substance
18analogs in the infant's bodily fluids, the physician shall make a report under s.
1946.238.
Note: 1995 Wis. Act 448 changed the term "controlled substances" to "controlled
substances or controlled substance analogs" throughout this section.
1995 Wis. Act 386 added a reference to "controlled substances", but that act did not take the treatment by
Act 448 into account.
AB378, s. 333
20Section
333. 146.40 (title) of the statutes is amended to read:
AB378,123,22
21146.40 (title)
Instructional programs for nurse's assistants and home
22health and hospice aids aides.
AB378,124,103
146.82
(2) (a) 9. b. Except as provided in subd. 9. c. and d., to staff members of
4the protection and advocacy agency designated under s. 51.62 (2) or to staff members
5of the private, nonprofit corporation with which the agency has contracted under s.
651.62 (3) (a) 3., if any, for the purpose of protecting and advocating the rights of a
7person with
development developmental disabilities, as defined under s. 51.62 (1)
8(am), who resides in or who is receiving services from an inpatient health care
9facility, as defined under s. 51.62 (1) (b), or a person with mental illness, as defined
10under s. 51.62 (1) (bm).
Note: Corrects spelling.
AB378,124,1813
150.84
(2) "Health care facility" means a facility, as defined in s. 647.01 (4), or
14any hospital, nursing home, community-based residential facility, county home,
15county infirmary, county hospital, county mental health center, tuberculosis
16sanatorium or other place licensed or approved by the department under s. 49.70,
1749.71, 49.72, 50.02, 50.03, 50.35, 51.08, 51.09, 58.06, 252.073 or 252.076 or a facility
18under s. 45.365, 51.05, 51.06
, 233.40, 233.41, 233.42 or 252.10
or ch. 142.
Note: 1995 Wis. Act 27 renumbered ch. 142 to be ss. 233.40 to 233.42 effective
6-29-96.
AB378,125,321
155.01
(6) "Health care facility" means a facility, as defined in s. 647.01 (4), or
22any hospital, nursing home, community-based residential facility, county home,
23county infirmary, county hospital, county mental health center, tuberculosis
1sanatorium or other place licensed or approved by the department under s. 49.70,
249.71, 49.72, 50.02, 50.03, 50.35, 51.08, 51.09, 58.06, 252.073 or 252.076 or a facility
3under s. 45.365, 51.05, 51.06
, 233.40, 233.41, 233.42 or 252.10
or ch. 142.
Note: 1995 Wis. Act 27 renumbered ch. 142 to be ss. 233.40 to 233.42 effective
6-29-96.
Note: There is no conflict of substance.
AB378,125,1614
165.76
(2) (b) 4. If subds. 1. to 3m. do not apply, the department of justice shall
15specify in its order the time and procedure for the person to provide the specimen
16under par. (a).
Note: 1995 Wis. Act 440 stated that it created s. 165.76 (2) (b) 4., but that provision
already existed in identical form except that Act 440 changed "3." to "3m." This treatment
is to clarify that the Act 440 version of s. 165.76 (2) (b) 4. replaces the previously existing
version.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
AB378,126,96
167.10
(6m) (f) The department of
industry, labor and job development 7commerce may inspect at reasonable times the premises on which each person
8licensed under this subsection manufactures fireworks or devices listed under sub.
9(1) (e), (f) or (i) to (n).
Note: Inserts correct department name.
1995 Wis. Act 27 transferred the
enforcement of this section from the department of industry, labor and human relations
(DILHR) (now industry, labor and job development) to the department of development
(now commerce).
1995 Wis Act 330, which inserted the reference to DILHR, did not take
into account the treatment of s. 167.10 by Act 27.
Note: There is no conflict of substance.
AB378, s. 346
12Section
346. 178.06 (3) of the statutes is renumbered 178.06 (3) (intro.) and
13amended to read:
AB378,126,1614
178.06
(3) (intro.) Unless authorized by the other partners or unless they have
15abandoned the business, one or more but less than all
of the partners have no
16authority to
do any of the following:
AB378,126,1817
(a) Assign the partnership property in trust for creditors or on the assignee's
18promise to pay the debts of the partnership
;.
AB378,126,1919
(b)
dispose Dispose of the
good will goodwill of the business
;.
AB378,127,2
1(c)
do Perform any other act which would make it impossible to carry on the
2ordinary business of the partnership
;.
AB378,127,33
(d)
confess Confess a judgment
; or.
AB378,127,44
(e)
submit Submit a partnership claim or liability to arbitration or reference.
Note: Subdivides provision consistent with current style.
AB378,127,87
178.46
(1) (c) Contain the name of the drafter, if required by s.
14.38 (14) 182.01
8(3).
Note: 1995 Wis. Act 27 renumbered s. 14.38 (14) to be s. 182.01 (3) effective 7-1-96.
AB378,127,1911
180.0126
(1) If the department refuses to file a document received by
his or her
12office the department for filing, the domestic corporation or foreign corporation may
13appeal the refusal by filing a petition in circuit court to compel the department to file
14the document. The domestic corporation or foreign corporation shall file the petition
15in the circuit court for the county where the domestic corporation's or foreign
16corporation's principal office or, if none in this state, its registered office is or will be
17located. The domestic corporation or foreign corporation shall attach to the petition
18the document and any explanation by the department of the reasons for the refusal
19to file.
Note: Inserts correct word.