SB300: Bill Text

Note: Corrects transposed numbers. There is no s. 182.0715.

SB300, s. 111 Section 111. 193.471 (2) (a) 5. of the statutes, as created by 2005 Wisconsin Act 441, is amended to read:

SB300,47,4 193.471 (2) (a) 5. In the case of acts or omissions committed in an official capacity, as defined in sub. (1) (a) 1. or 2., the potential litigant reasonably believed that the acts or omissions were in the best interests of the cooperative or predecessor cooperative, as applicable, and, in the case of acts or omissions committed in an official capacity, as defined in sub. (1) (c) (a) 3. or 4., the potential litigant reasonably believed that the conduct was not opposed to the best interests of the cooperative or predecessor cooperative, as applicable. If the acts or omissions relate to conduct as a director, officer, trustee, employee, or agent of an employee benefit plan, the conduct is not considered to be opposed to the best interests of the cooperative or predecessor cooperative if the potential litigant reasonably believed that the conduct was in the best interests of the participants or beneficiaries of the employee benefit plan.

Note: Corrects cross-reference. There is no s. 193.471 (1) (c) 3. or. 4. "Official capacity" is defined in s. 193.471 (1) (a).

SB300, s. 112 Section 112. 218.04 (1) (a) of the statutes, as affected by 2005 Wisconsin Acts 158 and 462, is amended to read:

SB300,47,13 218.04 (1) (a) "Collection agency" means any person engaging in the business of collecting or receiving for payment for others of any account, bill or other indebtedness. It shall not include attorneys at law authorized to practice in this state and resident herein, banks, express companies, state savings banks, state savings and loan associations, insurers and their agents, trust companies, district attorneys acting under s. 971.41, persons contracting with district attorneys under s. 971.41 (5),, real estate brokers, and real estate salespersons.

Note: The underscored comma was removed by 2005 Wis. Act 158 but was required by the addition of text by 2005 Wis. Act 462. The stricken comma was inserted by 2005 Wis. Act 462 but was rendered surplusage by 2005 Wis. Act 158.

SB300, s. 113 Section 113. 227.21 (2) (a) of the statutes is amended to read:

SB300,47,20 227.21 (2) (a) Except as provided in s. 601.41 (3) (b), to avoid unnecessary expense an agency may, with the consent of the revisor and the attorney general, adopt standards established by technical societies and organizations of recognized national standing by incorporating the standards in its rules by reference to the specific issue or issues of the publication in which they appear, without reproducing the standards in full.

Note: Makes provision consistent with s. 227.21 (2) (b), as amended by 2005 Wis. Act 249. The joint legislative council note to that amendment explains that amendment as follows:

Current law also requires that the agency receive the consent of the revisor of statutes and the attorney general in order to incorporate the standard by reference. This Section eliminates the requirement for the agency to receive the consent of the revisor.

SB300, s. 114 Section 114. 234.63 (2) (b) of the statutes, as created by 2005 Wisconsin Act 487, is amended to read:

SB300,48,4 234.63 (2) (b) The limits in ss. 234.18 (1), 234.40, 234.50, 234.60, 234.61, 234.65, and 234.66 do not apply to bonds issued under par. (a).

Note: Corrects cross-reference consistent with s. 234.66 (3) (b). Section 234.18 is not divided into subsections.

SB300, s. 115 Section 115. 234.63 (3) (a) of the statutes, as created by 2005 Wisconsin Act 487, is amended to read:

SB300,48,12 234.63 (3) (a) The authority may award a loan to a business, including an airport, for the purpose of financing the construction or expansion of an airport in an airport development zone established under s. 560.799 560.7995, including financing activities to increase the number of flights to and from the airport or to encourage airlines that do not offer flights to and from the airport to offer such flights.

Note: Section 560.799, as created by 2005 Wis. Act 487, is renumbered s. 560.7995 by this bill.

SB300, s. 116 Section 116. 253.15 (8) of the statutes, as created by 2005 Wisconsin Act 165, is amended to read:

SB300,49,7 253.15 (8) Identification of shaken or impacted babies. The department of health and family services shall identify all infants and young children who have shaken baby syndrome or who are impacted babies and all infants and young children who have died as a result of being shaken or thrown by using the statewide automated child welfare information system established under s. 46.03 (7) (g) (7g) and child fatality information compiled by the department of justice. For each infant or young child so identified, the department of health and family services shall document the age, sex, and other characteristics of the infant or young child that are relevant to the prevention of shaken baby syndrome and impacted babies and, if known, the age, sex, employment status, and residence of the person who shook or threw the infant or young child, the relationship of that person to the infant or young child, and any other characteristics of that person that are relevant to the prevention of shaken baby syndrome and impacted babies.

Note: Inserts correct cross-reference. Section 46.03 (7) (g) was renumbered to s. 46.03 (7g) by 2005 Wis. Act 406.

SB300, s. 117 Section 117. 255.05 (1) (b) of the statutes is amended to read:

SB300,49,12 255.05 (1) (b) "Nonprofit corporation" means a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17). (b) "Nonprofit corporation" means a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17).

Note: The text of the provision was printed twice in the 2003-04 published volumes. The correct text is shown in the 2005-06 published volumes.

SB300, s. 118 Section 118. 281.35 (1) (b) 2. of the statutes is amended to read:

SB300,49,17 281.35 (1) (b) 2. If subd. 1. does not apply, the highest average daily water loss over any 30-day period that is reported to the department or the public service commission under sub. (3) (c) or s. 281.17 (1), 2001 stats., or s. 30.18 (6) (c), 196.98, 281.34, or 281.41 or s. 281.17 (1), 2001 stats.

Note: Places cross-references in correct order in accordance with current style.

SB300, s. 119 Section 119. 292.15 (7) (d) of the statutes, as created by 2005 Wisconsin Act 418, is amended to read:

SB300,49,21 292.15 (7) (d) A solid waste facility that was licensed under s. 289.31 or s. 144.44, 1993 stats., or s. 289.31.

Note: Places cross-references in correct order in accordance with current style.

SB300, s. 120 Section 120. 292.23 (3) (f) of the statutes, as created by 2005 Wisconsin Act 418, is amended to read:

SB300,50,4 292.23 (3) (f) Subsection (2) does not apply to a solid waste facility that was licensed under s. 289.31 or s. 144.44, 1993 stats. , or s. 289.31.

Note: Places cross-references in correct order in accordance with current style.

SB300, s. 121 Section 121. 301.03 (3c) of the statutes is amended to read:

SB300,50,10 301.03 (3c) If requested by the department of health and family services, contract with that department to supervise and provide services to persons who are conditionally transferred or discharged under s. 51.37 (9), conditionally released under s. 971.17 (3), or placed on supervised release under s. 980.06 (2), 1997 stats., or s. 980.08.

Note: Inserts a serial comma. The change is shown in the printed volumes.

SB300, s. 122 Section 122. 301.03 (20) of the statutes, as created by 2005 Wisconsin Act 451, is renumbered 301.03 (20m).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 431 also created a provision numbered s. 301.03 (20).

SB300, s. 123 Section 123. 301.45 (2) (a) 4. d. of the statutes is amended to read:

SB300,50,15 301.45 (2) (a) 4. d. The date the person was ordered to comply with s. 301.45 this section.

Note: Corrects citation form consistent with current style.

SB300, s. 124 Section 124. 301.45 (6) (a) 2. a. of the statutes is amended to read:

SB300,50,20 301.45 (6) (a) 2. a. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 (1m) (b) 1m., or 973.048 (1m) to comply with the reporting requirements under s. 301.45 this section based on a finding that he or she committed or solicited, conspired, or attempted to commit a misdemeanor.

Note: Corrects citation form consistent with current style.

SB300, s. 125 Section 125. 301.45 (6) (ag) 2. a. of the statutes is amended to read:

SB300,51,4 301.45 (6) (ag) 2. a. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 (1m) (b) 1m., or 973.048 (1m) to comply with the reporting requirements under s. 301.45 this section based on a finding that he or she committed or solicited, conspired, or attempted to commit a misdemeanor.

Note: Corrects citation form consistent with current style.

SB300, s. 126 Section 126. 301.45 (10) (title) of the statutes is created to read:

SB300,51,6 301.45 (10) (title) Annual fee.

Note: Section 301.45 (10) was created without a title by 2005 Wis. Act 25. The other subsections of s. 301.45 have titles.

SB300, s. 127 Section 127. 301.48 (2) (b) 2. of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB300,51,11 301.48 (2) (b) 2. A court discharges the person under s. 980.10, 2003 stats., or s. 980.09 or 980.10. This subdivision does not apply if the person was on supervised release immediately before being discharged.

Note: Section 980.10 was repealed by 2005 Wis. Act 434, which changed all existing cross-references to s. 980.10 to s. 980.10, 2003 stats.

SB300, s. 128 Section 128. 301.48 (3) (c) of the statutes, as created by 2005 Wisconsin Act 431, is amended to read:

SB300,51,21 301.48 (3) (c) For each person who is subject to global positioning system tracking under this section, the department shall create individualized exclusion and inclusion zones for the person, if necessary to protect public safety. In creating exclusion zones, the department shall focus on areas where children congregate, with perimeters of 100 to 250 feet, and on areas where the person has been prohibited from going as a condition of probation, extended supervision, parole, conditional release, or supervised release. In creating inclusion zones for a person on supervised release, the department shall consider s. 980.08 (7) (9).

Note: Section 980.08 (7), as created by 2005 Wis. Act 431, is renumbered s. 980.08 (9) by this bill.

SB300, s. 129 Section 129. 343.61 (6) (c) of the statutes, as created by 2005 Wisconsin Act 466, is renumbered 343.71 (5) (c).

Note: 2005 Wis. Act 397 renumbered the remainder of s. 343.61 (6) to 343.71 (5).

SB300, s. 130 Section 130. 351.02 (1) (a) 3. of the statutes is amended to read:

SB300,52,5 351.02 (1) (a) 3. Driving or operating a motor vehicle in violation of s. 346.63 (1) or (2) or s. 346.63 (1m), 1985 stats., or s. 346.63 (1) or (2).

Note: Places cross-references in correct order in accordance with current style.

SB300, s. 131 Section 131. 560.799 of the statutes, as created by 2005 Wisconsin Act 487, is renumbered 560.7995.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 361 also created a provision numbered s. 560.799.

SB300, s. 132 Section 132. 560.85 (3) (a) of the statutes is amended to read:

SB300,52,11 560.85 (3) (a) Develop procedures to evaluate applications and monitor project performance for grants awarded for early planning projects under s. 560.835 (6), 2001 stats., or s. 560.82 or s. 560.835 (6), 2001 stats.

Note: Places cross-references in correct order in accordance with current style.

SB300, s. 133 Section 133. 609.01 (4) of the statutes is amended to read:

SB300,52,19 609.01 (4) "Preferred provider plan" means a health care plan offered by an organization established under ch. 185, 193, 611, 613, or 614 or issued a certificate of authority under ch. 618 that makes available to its enrollees, without referral and for consideration other than predetermined periodic fixed payments, coverage of either comprehensive health care services or a limited range of health care services, regardless of whether the health care services are performed by participating or nonparticipating providers.

Note: 2005 Wis. Act 441, section 107, provides that "600.03 (37m) of the statutes, as affected by 2005 Wisconsin Act .... (Senate Bill 617), is amended." Senate Bill 617 was vetoed in its entirety. Senate Bill 617 renumbered s. 609.01 (4) to 600.03 (37m) and amended the provision. This bill effectuates the purpose of Act 441, section 107, by amending s. 609.01 (4) to insert the cross-reference inserted by Act 441, section 107 into s. 600.03 (37m).

SB300, s. 134 Section 134. 616.09 (1) (c) 1. of the statutes, as affected by 2005 Wisconsin Act 441, is amended to read:

SB300,53,7 616.09 (1) (c) 1. Plans authorized under s. 616.06 are subject to ch. 185 or 193, as applicable, except that ss. 185.03 (5) and (6), 185.05 (1) (c), 185.55, 185.61, 185.62, 185.63, 185.64, 185.71 to 185.76, 185.81, 193.151, 193.215 (2) (a) 2., 193.225, 193.301 (9), 193.801, 193.805, 193.905 to 193.971, and those provisions applicable to cooperatives or unincorporated cooperative associations with stock do not apply.

Note: There is no s. 193.151.

SB300, s. 135 Section 135. 632.899 of the statutes is amended to read:

SB300,53,19 632.899 Medical savings accounts study. If the federal government enacts legislation providing for a federal income tax exemption for amounts deposited in a medical savings account and for any interest, dividends or other gain that accrues in the account if redeposited in the account, the commissioner shall conduct a study, to be completed within 4 years after the enactment of the federal legislation, of individuals and groups that had coverage under a high cost-share health plan, as defined in s. 632.898 (1) (c), 1995 stats., and that terminated that coverage in order to enroll in a health benefit plan that was not a high cost-share health plan, as defined in s. 632.898 (1) (c), 1995 stats. The commissioner shall submit a report of all findings, conclusions and recommendations to the appropriate standing committees in the manner provided under section s. 13.172 (3) of the statutes.

Note: Corrects citation form. The correction has been made in the printed volumes.

SB300, s. 136 Section 136. 706.11 (4) of the statutes is amended to read:

SB300,54,3 706.11 (4) Subsection (1) does not apply to a 2nd mortgage assigned to or executed to the department of veterans affairs under s. 45.79 (3) (a) 1. or s. 45.80 (4) (a) 1., 1989 stats., or s. 45.37 (3).

Note: 1999 Wis. Act 63 renumbered s. 45.79 (3) (a) 1. to s. 45.79 (3) (a). 2005 Wis. Act 22 repealed and recreated ch. 45, recreating the language of s. 45.79 (3) (a) as s. 45.37 (3). The cross-references are placed in the correct order in accordance with current style.

SB300, s. 137 Section 137. 757.05 (1) (a) of the statutes, as affected by 2005 Wisconsin Acts 25, 60 and 455, is amended to read:

SB300,54,18 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty surcharge under ch. 814 in an amount of 25 26 percent of the fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced in proportion to the suspension.

Note: 2005 Wis. Act 460 replaced "25%" with "26 percent" to make a substantive change and to change the form of how percentages are written consistent with current style. 2005 Wis. Act 445 replaced "25%" with "25 percent" only to change the form of how percentages are written consistent with current style. This amendment clarifies that the substantive change is given effect.

SB300, s. 138 Section 138. 757.48 (1) (a) of the statutes, as affected by 2005 Wisconsin Acts 387 and 443, is amended to read:

SB300,55,9 757.48 (1) (a) Except as provided in s. 879.23 (4), in all matters in which a guardian ad litem is appointed by the court, the guardian ad litem shall be an attorney admitted to practice in this state. In order to be appointed as a guardian ad litem under s. 767.407, an attorney shall have completed 3 hours of approved continuing legal education that relates to the functions and duties of a guardian ad litem under ch. 767 and that includes training on the dynamics of domestic violence and the effects of domestic violence on victims of domestic violence and on children. In order to be appointed as a guardian ad litem under s. 54.40 (1), an attorney shall have complied with SRC SCR chapter 36.

Note: Corrects citation. The change is shown in the printed volumes.

SB300, s. 139 Section 139. 767.225 (1) (ap) of the statutes, as affected by 2005 Wisconsin Act 174, section 2, and 2005 Wisconsin Act 443, section 87, is amended to read:

SB300,55,16 767.225 (1) (ap) Upon the request of a party, granting periods of electronic communication to a party in a manner consistent with s. 767.24 767.41. The court or circuit court commissioner shall make a determination under this paragraph within 30 days after the request for a temporary order regarding periods of electronic communication is filed.

Note: 2005 Wis. Act 443 renumbered s. 767.24 to s. 767.41.

SB300, s. 140 Section 140. 767.225 (1n) (b) 3. of the statutes, as affected by 2005 Wisconsin Act 342, section 1, and 2005 Wisconsin Act 443, section 90, is amended to read:

SB300,56,2 767.225 (1n) (b) 3. If the court or circuit court commissioner requires one party to cover the child under a health insurance policy or plan under sub. (1) (k), the court or circuit court commissioner shall order the party to provide to the other party a health insurance identification card for the child. Section 767.25 (4m) (bm) 2. and 3. 767.513 (2m) (b) and (c) applies to a failure to comply with a temporary order under this subdivision.

Note: 2005 Wis. Act 443 renumbered s. 767.25 (4m) to s. 767.513.