SB301: Bill Text

SB301, s. 104 Section 104. The treatment of 84.01 (13) of the statutes by 2005 Wisconsin Act 89 is not repealed by 2005 Wisconsin Act 410. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 84.01 (13) reads:

(13) Engineering services. The department may engage such engineering, consulting, surveying, or other specialized services as it deems advisable. Any engagement of services under this subsection is exempt from ss. 16.70 to 16.75, 16.755 to 16.82, and 16.85 to 16.89, but ss. 16.528, 16.752, 16.753, and 16.754 apply to such engagement. Any engagement involving an expenditure of $3,000 or more shall be by formal contract approved by the governor. The department shall conduct a uniform cost-benefit analysis, as defined in s. 16.70 (3g), of each proposed engagement under this subsection that involves an estimated expenditure of more than $25,000 in accordance with standards prescribed by rule of the department. The department shall review periodically, and before any renewal, the continued appropriateness of contracting pursuant to each engagement under this subsection that involves an estimated expenditure of more than $25,000.

SB301, s. 105 Section 105. 84.1034 of the statutes, as created by 2005 Wisconsin Act 338, is renumbered 84.10345.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 238 also created a provision numbered s. 84.1034.

SB301, s. 106 Section 106. The treatment of 95.21 (2) (a) of the statutes by 2005 Wisconsin Act 236 is not repealed by 2005 Wisconsin Act 240. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 95.21 (2) (a) reads:

(a) Requirement for vaccination. Except as provided in s. 174.054 or sub. (9) (d), the owner of a dog shall have the dog vaccinated against rabies by a veterinarian or, if a veterinarian is physically present at the location the vaccine is administered, by a veterinary technician, pursuant to s. 453.05 (2) (d), at no later than 5 months of age and revaccinated within one year after the initial vaccination. If the owner obtains the dog or brings the dog into this state after the dog has reached 5 months of age, the owner shall have the dog vaccinated against rabies within 30 days after the dog is obtained or brought into the state unless the dog has been vaccinated as evidenced by a current certificate of rabies vaccination from this state or another state. The owner of a dog shall have the dog revaccinated against rabies by a veterinarian or, if a veterinarian is physically present at the location the vaccine is administered, by a veterinary technician, pursuant to s. 453.05 (2) (d), before the date that the immunization expires as stated on the certificate of vaccination or, if no date is specified, within 3 years after the previous vaccination.

SB301, s. 107 Section 107. 95.55 (5) (bg) 4. of the statutes, as created by 2005 Wisconsin Act 359, is amended to read:

SB301,39,4 95.55 (5) (bg) 4. Before to January 1, 2003, the owner offered for sale the opportunity to hunt as authorized under the license.

Note: Deletes unnecessary word.

SB301, s. 108 Section 108. 100.525 (2) (a) (intro.) of the statutes, as created by 2005 Wisconsin Act 261, is amended to read:

SB301,39,9 100.525 (2) (a) (intro.) Obtain, or attempt to obtain, a telephone record that pertains to a customer who is a resident of this state, without the customer's consent, by doing any of the following:

Note: Inserts missing article.

SB301, s. 109 Section 109. 100.54 (1) (a) of the statutes, as created by 2005 Wisconsin Act 140, is amended to read:

SB301,39,13 100.54 (1) (a) "Business day" means a business day, as defined in s. 421.301 (6), that is not a legal holiday under s. 895.20 995.20 or a federal legal holiday.

Note: Corrects cross-reference. Section 895.20 was renumbered to s. 995.20 by 2005 Wis. Act 155.

SB301, s. 110 Section 110. 100.54 (8) (d) of the statutes, as created by 2005 Wisconsin Act 140, is amended to read:

SB301,40,2 100.54 (8) (d) A child support agency acting pursuant to 42 USC 651-669b 651 to 669b.

Note: Makes citation form consistent with other statutes to allow electronic linking.

SB301, s. 111 Section 111. The treatment of 101.177 (1) (d) of the statutes by 2005 Wisconsin Act 74 is not repealed by 2005 Wisconsin Act 335. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 101.177 (1) (d) reads:

(d) "State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, and the Wisconsin Health and Educational Facilities Authority, but excluding the Health Insurance Risk-Sharing Plan Authority.

SB301, s. 112 Section 112. The treatment of 102.29 (1) of the statutes by 2005 Wisconsin Act 172 is not repealed by 2005 Wisconsin Act 253. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 102.29 (1) reads:

(1) The making of a claim for compensation against an employer or compensation insurer for the injury or death of an employee shall not affect the right of the employee, the employee's personal representative, or other person entitled to bring action, to make claim or maintain an action in tort against any other party for such injury or death, hereinafter referred to as a 3rd party; nor shall the making of a claim by any such person against a 3rd party for damages by reason of an injury to which ss. 102.03 to 102.64 are applicable, or the adjustment of any such claim, affect the right of the injured employee or the employee's dependents to recover compensation. The employer or compensation insurer who shall have paid or is obligated to pay a lawful claim under this chapter shall have the same right to make claim or maintain an action in tort against any other party for such injury or death. If the department pays or is obligated to pay a claim under s. 102.81 (1), the department shall also have the right to maintain an action in tort against any other party for the employee's injury or death. However, each shall give to the other reasonable notice and opportunity to join in the making of such claim or the instituting of an action and to be represented by counsel. If a party entitled to notice cannot be found, the department shall become the agent of such party for the giving of a notice as required in this subsection and the notice, when given to the department, shall include an affidavit setting forth the facts, including the steps taken to locate such party. Each shall have an equal voice in the prosecution of said claim, and any disputes arising shall be passed upon by the court before whom the case is pending, and if no action is pending, then by a court of record or by the department. If notice is given as provided in this subsection, the liability of the tort-feasor shall be determined as to all parties having a right to make claim, and irrespective of whether or not all parties join in prosecuting such claim, the proceeds of such claim shall be divided as follows: After deducting the reasonable cost of collection, one-third of the remainder shall in any event be paid to the injured employee or the employee's personal representative or other person entitled to bring action. Out of the balance remaining, the employer, insurance carrier, or, if applicable, uninsured employers fund shall be reimbursed for all payments made by it, or which it may be obligated to make in the future, under this chapter, except that it shall not be reimbursed for any payments made or to be made under s. 102.18 (1) (bp), 102.22, 102.35 (3), 102.57, or 102.60. Any balance remaining shall be paid to the employee or the employee's personal representative or other person entitled to bring action. If both the employee or the employee's personal representative or other person entitled to bring action, and the employer, compensation insurer, or department, join in the pressing of said claim and are represented by counsel, the attorney fees allowed as a part of the costs of collection shall be, unless otherwise agreed upon, divided between such attorneys as directed by the court or by the department. A settlement of any 3rd-party claim shall be void unless said settlement and the distribution of the proceeds thereof is approved by the court before whom the action is pending and if no action is pending, then by a court of record or by the department.

SB301, s. 113 Section 113. 102.29 (4) of the statutes is amended to read:

SB301,41,8 102.29 (4) If the employer and the 3rd party are insured by the same insurer, or by the insurers who are under common control, the employer's insurer shall promptly notify the parties in interest and the department. If the employer has assumed the liability of the 3rd party, it shall give similar notice, in default of which any settlement with an injured employee or beneficiary is void. This subsection does not prevent the employer or compensation insurer from sharing in the proceeds of any 3rd party 3rd-party claim or action, as set forth in sub. (1).

Note: Corrects spelling.

SB301, s. 114 Section 114. The treatments of 102.81 (2) of the statutes by 2005 Wisconsin Acts 172 and 253 are not repealed by 2005 Wisconsin Act 410. All treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 102.81 (2) reads:

(2) The department may retain an insurance carrier or insurance service organization to process, investigate and pay claims under this section and may obtain excess or stop-loss reinsurance with an insurance carrier authorized to do business in this state in an amount that the secretary determines is necessary for the sound operation of the uninsured employers fund. In cases involving disputed claims, the department may retain an attorney to represent the interests of the uninsured employers fund and to make appearances on behalf of the uninsured employers fund in proceedings under ss. 102.16 to 102.29. Section 20.930 and all provisions of subch. IV of ch. 16, except 16.753, do not apply to an attorney hired under this subsection. The charges for the services retained under this subsection shall be paid from the appropriation under s. 20.445 (1) (rp). The cost of any reinsurance obtained under this subsection shall be paid from the appropriation under s. 20.445 (1) (sm).

SB301, s. 115 Section 115. 106.52 (3) (am) 1. of the statutes, as affected by 2005 Wisconsin Act 354, section 6, is renumbered 106.52 (3) (am) 1. (intro.) and amended to read:

SB301,42,4 106.52 (3) (am) 1. (intro.) Subject to subds. 2., 3., and 4., no person may refuse do any of the following:

SB301,42,8 a. Refuse to permit entrance into, or use of, or otherwise deny the full and equal enjoyment of any public place of accommodation or amusement to a person with a disability or to a service animal trainer because the person with a disability or the trainer is accompanied by a service animal; charge.

SB301,42,12 b. Charge a person with a disability or a service animal trainer a higher price than the regular rate, including a deposit or surcharge, for the full and equal enjoyment of any public place of accommodation or amusement because the person with a disability or the trainer is accompanied by a service animal ; or directly.

SB301,42,20 c. Directly or indirectly publish, circulate, display, or mail any written communication that the communicator knows is to the effect that entrance into, or use of, or the full and equal enjoyment of any of the facilities of the public place of accommodation or amusement will be denied to a person with a disability or a service animal trainer because the person with a disability or the trainer is accompanied by a service animal or that the patronage of a person with a disability or a service animal trainer is unwelcome, objectionable, or unacceptable because the person with a disability or the trainer is accompanied by a service animal.

Note: Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in tabular form for consistency with current style and improved readability.

SB301, s. 116 Section 116. 108.05 (1) (n) (intro.) of the statutes, as affected by 2005 Wisconsin Act 86, is amended to read:

SB301,43,14 108.05 (1) (n) (intro.) Each eligible employee shall be paid benefits for each week of total unemployment which that commences on or after December 29, 2002, and before January 1, 2006, at the weekly benefit rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal 4% of the employee's base period wages which that were paid during that quarter of the employee's base period in which the employee was paid the highest total wages, rounded down to the nearest whole dollar, except that, if that amount is less than the minimum amount shown in the following schedule, no benefits are payable to the employee and, if that amount is more than the maximum amount shown in the following schedule, the employee's weekly benefit rate shall be the maximum amount shown in the following schedule and except that, if the employee's benefits are exhausted during any week under s. 108.06 (1), the employee shall be paid the remaining amount of benefits payable to the employee in lieu of the amount shown in the following schedule: [See Figure 108.05 (1) (n) following]

Note: 2005 Wis. Act 86 inserted "which" without showing it as underscored and deleted "that" without showing it as stricken. No change was intended.

SB301, s. 117 Section 117. 108.068 (8) of the statutes, as affected by 2005 Wisconsin Act 86, is amended to read:

SB301,44,3 108.068 (8) The department shall treat a limited liability company that files proof under sub. (7) as a partnership or sole proprietorship under this chapter beginning on the same date that the federal internal revenue service treats the company as a partnership or sole proprietorship for federal tax purposes, except that for benefit purposes the treatment shall apply to benefit years in existence on or beginning on or after the date that the federal internal revenue service treats the company as a partnership or sole proprietorship for federal tax purposes if the benefit year to which the treatment is to be applied has not ended on the date that the department first has notice of a benefit eligibility issue that relates to treatment of that limited liability company.

Note: Inserts "limited" consistent with the treatment of s. 108.068 (2) by 2005 Wis. Act 86, which inserted language in that provision that was otherwise identical to the language inserted in this provision by Act 86.

SB301, s. 118 Section 118. The treatment of 114.135 (2) of the statutes by 2005 Wisconsin Act 335 is not repealed by 2005 Wisconsin Act 387. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 114.135 (2) reads:

(2) Notice; claim for damages. In case of any airport landing field or landing and take-off strip, or spaceport or spacecraft launch or landing area, owned by any city, village, town, or county or any union of them, the commission or other body in charge of the operation and control of the airport, landing field, or landing and take-off strip, or spaceport or spacecraft launch or landing area, may prepare and record without charge with the register of deeds plans and specifications showing the protection privileges sought as described in sub. (1). The commission or other body in charge shall send by registered mail with return receipt to each owner at his or her last-known address a notice stating that the plans and specifications have been recorded with the register of deeds' office, stating the county, time of recording, the record number, and a brief description of the parcel of land or interest therein affected. If the address of the owner cannot be ascertained or the registered letter is returned unclaimed, notice shall be sent by registered mail to the person in possession of the premises. If no person is in possession, then the notice shall be posted in a conspicuous place on the land involved and published as a class 3 notice, under ch. 985, in the area affected. The right of the owner to claim for damages for the protection regulations imposed in the plans and specifications, or the removal of obstructions shall be forever barred, unless the owner files a claim for damages with the commission or other body in charge within 6 months from the receipt of the notice from the commission, or other body in charge, or the posting and last publication. The claim shall be verified and shall state the amount of damages claimed. The commission or other body in charge may pay the damages, if it has available funds, and the payment shall operate as a conveyance. If no claims for payment are filed or if payment is made, the commission or other body in charge shall file an affidavit for each parcel involved setting forth the rights acquired which shall be recorded by the register of deeds without charge and when so recorded has the same effect as any recorded instrument. If any owner is a minor or is adjudicated incompetent, the notice may be sent by registered mail to the owner's guardian, if he or she has one, and if there is none the circuit court of the county in which the land, or a larger part, is located shall upon application of the commission or other body in charge appoint a guardian to receive the notice, and to protect the rights of the owner. Any funds payable to the owner shall be cared for in the manner provided in ch. 54. If the commission or other body in charge determines that the damages claimed are excessive, it shall so report to the governing body that established the airport, landing field or landing and take-off strip, or spaceport or spacecraft launch or landing area, in question and with its consent may acquire in the name of the governmental body the protection privilege desired in the manner set forth in sub. (1) or it may deposit with the county clerk an award and notify the owner of the land involved in the method specified in this subsection. The landowner may accept the award without prejudice to his or her right to claim and contest for a greater sum. The landowner may, within a period of 6 months after notice of the award, proceed as provided in ch. 32 to have the damages appraised.

SB301, s. 119 Section 119. 115.76 (14) of the statutes, as affected by 2005 Wisconsin Act 258, is renumbered 115.76 (14) (a) (intro.) and amended to read:

SB301,45,6 115.76 (14) (a) (intro.) "Related services" means transportation and such developmental, corrective, and other supportive services (as may be required to assist a child with a disability to benefit from special education, including speech-language all of the following:

SB301,45,7 1. Speech-language pathology and audiology services ; interpreting.

SB301,45,8 2. Interpreting services; psychological .

SB301,45,9 3. Psychological services; physical .

SB301,45,10 4. Physical and occupational therapy; recreation.

SB301,45,11 5. Recreation, including therapeutic recreation; social.

SB301,45,12 6. Social work services; school.

SB301,45,15 7. School nursing services designed to enable a child with a disability to receive a free appropriate public education as described in the child's individualized education program; counseling.

SB301,45,16 8. Counseling services, including rehabilitative counseling; orientation.

SB301,45,17 9. Orientation and mobility services; medical.

SB301,45,18 10. Medical services for diagnostic and evaluative purposes only; and the.

SB301,45,20 11. The early identification and assessment of disabling conditions in children) as may be required to assist a child with a disability to benefit from special education.

SB301,45,22 (b) "Related services" does not include a medical device that is surgically implanted or the replacement of such a device.

Note: Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in tabular form and to allow removal of parentheses for consistency with current style and improved readability.

SB301, s. 120 Section 120. 118.07 (3) of the statutes, as created by 2005 Wisconsin Act 221, is amended to read:

SB301,46,15 118.07 (3) The department shall make available to school districts, private schools, and charter schools information about meningococcal disease, including the causes and symptoms of the disease, how it is spread, and how to obtain additional information about the disease and the availability, effectiveness, and risks of vaccinations against the disease. The department may do so by posting the information on its Internet site. At the beginning of the 2006-07 to 2011-12 school years, each school board and the governing body of each private school and each charter school shall provide the parents and guardians of pupils enrolled in grades 6 to 12 in the school district or school with the information. At the beginning of the 2012 2012-13 school year and each school year thereafter, each school board and the governing body of each private school and each charter school shall provide the parents and guardians of pupils enrolled in grade 6 in the school district or school with the information.

Note: Corrects form of reference to school year.

SB301, s. 121 Section 121. 118.13 (1) of the statutes, as affected by 2005 Wisconsin Act 346, is amended to read:

SB301,46,23 118.13 (1) Except as provided in s. 120.13 (38) (37m), no person may be denied admission to any public school or be denied participation in, be denied the benefits of or be discriminated against in any curricular, extracurricular, pupil services, recreational or other program or activity because of the person's sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability.

Note: Section 120.13 (38), as created by 2005 Wis. Act 346, is renumbered s. 120.13 (37m) by this bill.

SB301, s. 122 Section 122. 119.04 (1) of the statutes, as affected by 2005 Wisconsin Acts 99, 290 and 346, is amended to read:

SB301,47,11 119.04 (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, 115.361, 115.38 (2), 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 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, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, and 120.25 are applicable to a 1st class city school district and board.

Note: 2005 Wis. Acts 290 and 346 both created provisions numbered s. 120.13 (38) and added cross-references to this provision. Section 120.13 (38), as created by 2005 Wis. Act 346, is renumbered s. 120.13 (37m) by this bill.

SB301, s. 123 Section 123. 119.22 of the statutes, as affected by 2005 Wisconsin Act 346, is amended to read:

SB301,47,19 119.22 Sex discrimination in physical education or physical training prohibited. Except as provided in s. 120.13 (38) (37m), courses in physical education or physical training may not discriminate on the basis of sex in the provision of necessary facilities, equipment, instruction or financial support, or the opportunity to participate in any physical education or training activity as provided in 20 USC 1681 et seq.

Note: Section 120.13 (38), as created by 2005 Wis. Act 346, is renumbered s. 120.13 (37m) by this bill.

SB301, s. 124 Section 124. 120.13 (38) of the statutes, as created by 2005 Wisconsin Act 346, is renumbered 120.13 (37m).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 290 also created a provision numbered s. 120.13 (38).

SB301, s. 125 Section 125. 138.052 (8) of the statutes is amended to read:

SB301,48,6 138.052 (8) This section does not apply to a loan insured, or committed to be insured, or secured by mortgage or trust deed insured by the U.S. secretary of housing and urban development, insured, guaranteed or committed to be insured or guaranteed under 38 USC 1801 to 1827 3701 to 3727 or insured or committed to be insured under 7 USC 1921 to 1995.

Note: Public Law 102-83 renumbered 38 USC 1801 to 1827 to 38 USC 3701 to 3727.

SB301, s. 126 Section 126. 153.05 (2r) (intro.) of the statutes, as created by 2005 Wisconsin Act 228, section 20, is amended to read:

SB301,48,18 153.05 (2r) (intro.) Notwithstanding s. 16.75 (1), (2), and (3m), from the appropriation account under s. 20.515 (1) (ut) the department of employee trust funds may expend up to $150,000, and from the appropriation accounts under s. 20.435 (1) (hg) and (hi) the department of health and family services, in its capacity as a public health authority, may expend moneys, to contract jointly with a data organization to perform services under this chapter that are specified for the data organization under sub. (1) (c) or, if s. 153.455 (4) applies, for the department of health and family services to perform or contract for the performance of these services. As a condition of the contract under this subsection, all of the following apply:

Note: Inserts missing article.

SB301, s. 127 Section 127 . 153.05 (2r) (intro.) of the statutes, as affected by 2005 Wisconsin Act 228, section 20m, is amended to read:

SB301,49,8 153.05 (2r) (intro.) Notwithstanding s. 16.75 (1), (2), and (3m), from the appropriation accounts under s. 20.435 (1) (hg) and (hi) the department of health and family services, in its capacity as a public health authority, may expend moneys, to contract jointly with a data organization to perform services under this chapter that are specified for the data organization under sub. (1) (c) or, if s. 153.455 (4) applies, for the department of health and family services to perform or contract for the performance of these services. As a condition of the contract under this subsection, all of the following apply:

Note: Inserts missing article.

SB301, s. 128 Section 128. 165.72 (1) (e) of the statutes is renumbered 165.72 (1) (bt) and amended to read:

SB301,49,12 165.72 (1) (bt) "Secure Juvenile detention officer" has the meaning given in s. 165.85 (2) (f) (bt).

Note: 2005 Wis. Act 344 renumbered s. 165.85 (2) (f) to be s. 165.85 (2) (bt) and replaced "secured" with "juvenile" in that provision.

SB301, s. 129 Section 129. 165.72 (4) of the statutes is amended to read: