SB146: Bill Text

SB146, s. 261 Section 261. The treatment of 252.14 (1) (ar) 4m. of the statutes by 1997 Wisconsin Act 75 is not repealed by 1997 Wisconsin Act 175. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 262 Section 262. 252.15 (1) (ar) 1. of the statutes is amended to read:

SB146,79,8 252.15 (1) (ar) 1. A person or entity that is specified in s. 146.81 (1), but does not include a massage therapist or bodyworker issued a license of registration under subch. X XI of ch. 440.

Note: Subch. X of ch. 440, as created by 1997 Wis. Act 156, is renumbered subch. XI of ch. 440 by this bill.

SB146, s. 263 Section 263. 252.15 (1) (eg) of the statutes is amended to read:

SB146,79,13 252.15 (1) (eg) "Relative" means a spouse, parent, grandparent, stepparent, brother, sister, first cousin, nephew or niece; or uncle or aunt within the 3rd degree of kinship as computed under s. 852.03 (2), 1995 stats. 990.001 (16). This relationship may be by consanguinity or direct affinity.

Note: Section 852.03 (2), 1995 stats., is recreated as s. 990.001 (16) by this bill for user convenience. See also the note to the treatment of s. 990.001 (16) by this bill.

SB146, s. 264 Section 264. 252.24 (2) of the statutes is amended to read:

SB146,80,2 252.24 (2) Department; duty. Except as provided in ss. 250.041 and 254.241 252.241, the department shall provide uniform, statewide licensing and regulation of body piercers and uniform, statewide licensing and regulation of body-piercing establishments under this section. The department shall inspect a body-piercing establishment once before issuing a license for the body-piercing establishment under this section and may make additional inspections that the department determines are necessary.

Note: Inserts correct cross-reference. There is no s. 254.241. Section 252.241 relates to the licensing of body piercing establishments.

SB146, s. 265 Section 265. 253.12 (3) (intro.) of the statutes is amended to read:

SB146,80,6 253.12 (3) Departmental powers and duties. (intro.) From the appropriations under s. 20.435 (1) (5) (md) and (8) (n), the department shall perform all of the following for the program under this section:

Note: Inserts correct cross-reference. Section 20.435 (1) (md) was renumbered to s. 20.435 (5) (md) by 1997 Wis. Act 27.

SB146, s. 266 Section 266. The treatment of 281.19 (2) (a) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 193. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 267 Section 267. 289.62 (2) (a), (b), (c) and (g) (intro.) of the statutes are amended to read:

SB146,80,12 289.62 (2) (a) Tonnage fee; solid waste. Except as provided under pars. (c) and (g), the tonnage fee imposed by sub. (3) (1) (a) is 1.5 cents per ton for solid waste.

SB146,80,15 (b) Tonnage fee; certain hazardous waste. The tonnage fee imposed by sub. (3) (1) (a) is 15 cents per ton for hazardous wastes other than waste specified under par. (c).

SB146,80,21 (c) Tonnage fee; other waste. Except as provided under par. (g), the tonnage fee imposed by sub. (3) (1) (a) is 1.5 cents per ton for waste consisting of ashes and sludges from electric and process steam generating facilities, sludges produced by waste treatment or manufacturing processes at pulp or paper mills, manufacturing process solid wastes from foundries and sludges produced by municipal wastewater treatment facilities.

SB146,81,3 (g) Tonnage fee; mining waste. (intro.) Notwithstanding pars. (a) to (c), with respect to prospecting or mining waste, the tonnage fee imposed under sub. (3) (1) (a) is:

Note: Inserts correct cross-reference. There is no s. 289.62 (3). Tonnage fees are imposed under s. 289.62 (1) (a).

SB146, s. 268 Section 268. 299.07 (1) (b) 2. of the statutes is amended to read:

SB146,81,7 299.07 (1) (b) 2. If the department is required to obtain the information under s. 299.08 (1) (a), to the department of industry, labor and job workforce development in accordance with a memorandum of understanding under s. 49.857.

Note: The department of industry, labor and job development was renamed the department of workforce development by 1997 Wis. Act 3.

SB146, s. 269 Section 269. 299.08 (1) (b) 1. of the statutes is amended to read:

SB146,81,10 299.08 (1) (b) 1. To the department of industry, labor and job workforce development in accordance with a memorandum of understanding under s. 49.857.

Note: The department of industry, labor and job development was renamed the department of workforce development by 1997 Wis. Act 3.

SB146, s. 270 Section 270. 301.03 (14) of the statutes, as created by 1997 Wisconsin Act 283, is renumbered 301.03 (15).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1997 Wis. Act 237 also created an s. 301.03 (14).

SB146, s. 271 Section 271. The treatment of 301.26 (7) (h) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 272 Section 272. 302.372 (6) (d) of the statutes is amended to read:

SB146,82,2 302.372 (6) (d) Before entering a judgment for the county, the court shall consider any legal obligations of the defendant for support or maintenance under ch. 767 and any moral obligation of the defendant to support dependants dependents and may reduce the amount of the judgment entered for the county based on those obligations.

Note: Corrects spelling.

SB146, s. 273 Section 273. 302.425 (2) of the statutes is amended to read:

SB146,82,9 302.425 (2) Sheriff's or superintendent's general authority. Subject to the limitations under sub. (3), a county sheriff or a superintendent of a house or of correction may place in the home detention program any person confined in jail who has been arrested for, charged with, convicted of or sentenced for a crime. The sheriff or superintendent may transfer any prisoner in the home detention program to the jail.

Note: Inserts correct word.

SB146, s. 274 Section 274. The treatment of 303.01 (2) (em) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 36. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 275 Section 275. The treatment of 303.065 (1) (b) 2. of the statutes by 1997 Wisconsin Act 283 is not repealed by 1997 Wisconsin Act 326. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 276 Section 276. The treatment of 304.02 (5) of the statutes by 1997 Wisconsin Act 283 is not repealed by 1997 Wisconsin Act 326. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 277 Section 277. The treatments of 304.06 (1) (b) of the statutes by 1997 Wisconsin Act 283 are not repealed by 1997 Wisconsin Act 326. All treatments stand.

Note: There is no conflict of substance.

SB146, s. 278 Section 278. The treatments of 304.071 (2) of the statutes by 1997 Wisconsin Act 283 are not repealed by 1997 Wisconsin Act 326. All treatments stand.

Note: There is no conflict of substance.

SB146, s. 279 Section 279. The treatments of 341.14 (6r) (b) 3. of the statutes by 1997 Wisconsin Act 27 are not repealed by 1997 Wisconsin Act 255. All treatments stand.

Note: There is no conflict of substance.

SB146, s. 280 Section 280. 343.16 (6) (title) of the statutes is amended to read:

SB146,83,4 343.16 (6) (title) Special retesting of licensed operations operators.

Note: Conforms title to statute subject matter.

SB146, s. 281 Section 281. 343.23 (2) (b) of the statutes, as affected by 1997 Wisconsin Acts 84 and 237, is amended to read:

SB146,84,2 343.23 (2) (b) The information specified in par. (a) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled or withheld in the interest of public safety. The record of suspensions, revocations and convictions that would be counted under s. 343.307 (2) shall be maintained for 10 years, except that if there are 2 or more suspensions, revocations or convictions within any 10-year period, the record shall be maintained permanently. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension or revocation.

Note: 1997 Wis. Act 84 deleted "revocation" from the referred to power under s. 343.32 (2) and in this provision.

SB146, s. 282 Section 282. The treatment of 343.30 (2d) of the statutes by 1997 Wisconsin Act 84 is not repealed by 1997 Wisconsin Act 283. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 283 Section 283. 343.305 (6) (e) 3. b. of the statutes is amended to read:

SB146,84,9 343.305 (6) (e) 3. b. The licensor may not disclose any information received under subd. 2. a. or b. except to the department of industry, labor and job workforce development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

Note: The department of industry, labor and job development was renamed the department of workforce development by 1997 Wis. Act 3.

SB146, s. 284 Section 284. 343.44 (2s) (title) of the statutes is created to read:

SB146,84,11 343.44 (2s) (title) Citations.

Note: All other s. 344.44 subsections have titles.

SB146, s. 285 Section 285. The treatment of 343.50 (8) (b) of the statutes by 1997 Wisconsin Act 119 is not repealed by 1997 Wisconsin Act 191. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 286 Section 286. 343.61 (2) (b) of the statutes is amended to read:

SB146,84,19 343.61 (2) (b) The department of transportation may not disclose any information received under par. (a) 1. or 2. to any person except to the department of industry, labor and job workforce development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

Note: The department of industry, labor and job development was renamed the department of workforce development by 1997 Wis. Act 3.

SB146, s. 287 Section 287. The treatment of 345.47 (1) (b) of the statutes by 1997 Wisconsin Act 84 is not repealed by 1997 Wisconsin Act 237. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 288 Section 288. The treatment of 346.65 (5m) of the statutes by 1997 Wisconsin Act 135 is not repealed by 1997 Wisconsin Act 277. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 289 Section 289. The treatment of 346.65 (6) (a) 1. of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 295. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 290 Section 290. The treatment of 346.65 (6) (a) 2. of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 295. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 291 Section 291. 346.65 (6) (d) of the statutes, as affected by 1997 Wisconsin Acts 237 and 295, is amended to read:

SB146,85,20 346.65 (6) (d) At the hearing set under par. (c), the state has the burden of proving to a reasonable certainty by the greater weight of the credible evidence that the motor vehicle is a motor vehicle owned by a person who committed a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a), (b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d) and, if the seizure is under par. (a) 1., that the person had 2 prior convictions, suspensions or revocations, as counted under s. 343.307 (1) or, if the seizure is under par. (a) 2., 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1). If the,, (c) or (d),, (c) or (d) state fails to meet the burden of proof required under this paragraph, the motor vehicle shall be returned to the owner upon the payment of storage costs.

Note: The stricken language was inserted by 1997 Wis. Act 295, but was rendered surplusage by the treatment of this provision by 1997 Wis. Act 237.

SB146, s. 292 Section 292. The treatment of 409.203 (1) (a) of the statutes by 1997 Wisconsin Act 265 is not repealed by 1997 Wisconsin Act 297. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 293 Section 293. 423.201 of the statutes is renumbered 423.201 (1) and amended to read:

SB146,86,7 423.201 (1) "Consumer approval transaction" means a consumer transaction other than a sale or lease or listing for sale of real property or a sale of goods at auction 1) which is that:

SB146,86,10 (a) Is initiated by face-to-face solicitation away from a regular place of business of the merchant or by mail or telephone solicitation directed to the particular customer and 2) which is

SB146,86,14 (b) Is consummated or in which the customer's offer to contract or other writing evidencing the transaction is received by the merchant away from a regular place of business of the merchant and involves the extension of credit or is a cash transaction in which the amount the customer pays exceeds $25.

SB146,86,17 (2) "Consumer approval transaction" shall in no event does not include a catalog sale which that is not accompanied by any other solicitation or a consumer loan conducted and consummated entirely by mail.

Note: The term "consumer approval transaction" only appears in subch. II of ch. 423. Removes numbering that is inconsistent with current style, replaces improperly used word and subdivides provision for greater readability.

SB146, s. 294 Section 294. 423.201 (intro.) of the statutes is created to read: