SB301,45,18
1810. Medical services for diagnostic and evaluative purposes only
; and the.
SB301,45,20
1911. The early identification and assessment of disabling conditions in children
)
20as may be required to assist a child with a disability to benefit from special education.
SB301,45,22
21(b) "Related services" does not include a medical device that is surgically
22implanted 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.
SB301,46,153
118.07
(3) The department shall make available to school districts, private
4schools, and charter schools information about meningococcal disease, including the
5causes and symptoms of the disease, how it is spread, and how to obtain additional
6information about the disease and the availability, effectiveness, and risks of
7vaccinations against the disease. The department may do so by posting the
8information on its Internet site. At the beginning of the 2006-07 to 2011-12 school
9years, each school board and the governing body of each private school and each
10charter school shall provide the parents and guardians of pupils enrolled in grades
116 to 12 in the school district or school with the information. At the beginning of the
122012 2012-13 school year and each school year thereafter, each school board and the
13governing body of each private school and each charter school shall provide the
14parents and guardians of pupils enrolled in grade 6 in the school district or school
15with the information.
Note: Corrects form of reference to school year.
SB301,46,2318
118.13
(1) Except as provided in s. 120.13
(38) (37m), no person may be denied
19admission to any public school or be denied participation in, be denied the benefits
20of or be discriminated against in any curricular, extracurricular, pupil services,
21recreational or other program or activity because of the person's sex, race, religion,
22national origin, ancestry, creed, pregnancy, marital or parental status, sexual
23orientation 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.
SB301,47,113
119.04
(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
466.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
5115.345, 115.361, 115.38 (2), 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07,
6118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162,
7118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245,
8118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and
9(15) to (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37),
10(37m), and (38), 120.14, and 120.25 are applicable to a 1st class city school district
11and 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.
SB301,47,19
14119.22 Sex discrimination in physical education or physical training
15prohibited. Except as provided in s. 120.13
(38)
(37m), courses in physical
16education or physical training may not discriminate on the basis of sex in the
17provision of necessary facilities, equipment, instruction or financial support, or the
18opportunity to participate in any physical education or training activity as provided
19in
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.
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
1Section
125. 138.052 (8) of the statutes is amended to read:
SB301,48,62
138.052
(8) This section does not apply to a loan insured, or committed to be
3insured, or secured by mortgage or trust deed insured by the U.S. secretary of
4housing and urban development, insured, guaranteed or committed to be insured or
5guaranteed under
38 USC 1801 to
1827 3701 to 3727 or insured or committed to be
6insured under
7 USC 1921 to
1995.
SB301,48,189
153.05
(2r) (intro.) Notwithstanding s. 16.75 (1), (2), and (3m), from the
10appropriation account under s. 20.515 (1) (ut) the department of employee trust
11funds may expend up to $150,000, and from the appropriation accounts under s.
1220.435 (1) (hg) and (hi) the department of health and family services, in its capacity
13as a public health authority, may expend moneys, to contract jointly with a data
14organization to perform services under this chapter that are specified for the data
15organization under sub. (1) (c) or, if s. 153.455 (4) applies, for the department of
16health and family services to perform or contract for the performance of these
17services. As
a condition of the contract under this subsection, all of the following
18apply:
Note: Inserts missing article.
SB301,49,8
1153.05
(2r) (intro.) Notwithstanding s. 16.75 (1), (2), and (3m), from the
2appropriation accounts under s. 20.435 (1) (hg) and (hi) the department of health and
3family services, in its capacity as a public health authority, may expend moneys, to
4contract jointly with a data organization to perform services under this chapter that
5are specified for the data organization under sub. (1) (c) or, if s. 153.455 (4) applies,
6for the department of health and family services to perform or contract for the
7performance of these services. As
a condition of the contract under this subsection,
8all of the following apply:
Note: Inserts missing article.
SB301, s. 128
9Section
128. 165.72 (1) (e) of the statutes is renumbered 165.72 (1) (bt) and
10amended to read:
SB301,49,1211
165.72
(1) (bt) "
Secure Juvenile detention officer" has the meaning given in s.
12165.85 (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
13Section
129. 165.72 (4) of the statutes is amended to read:
SB301,49,1714
165.72
(4) Payment limitations. A reward under sub. (3) may not exceed $1,000
15for the arrest and conviction of any one person. The department may not make any
16reward payment to a law enforcement officer, jail officer,
secure juvenile detention
17officer, pharmacist
, or department employee.
Note: See previous Section, which changes term used in s. 165.72 from "secure
detention officer" to "juvenile detention officer."
Note: There is no conflict of substance. As merged by the revisor, s. 165.76 (1) (a)
reads:
(a) Is in a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured
residential care center for children and youth, as defined in s. 938.02 (15g), or on
probation, extended supervision, parole, supervision, or aftercare supervision on or after
August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or
948.085.
SB301, s. 131
1Section
131. 165.85 (1) of the statutes is amended to read:
SB301,50,102
165.85
(1) Findings and policy. The legislature finds that the administration
3of criminal justice is of statewide concern, and that law enforcement work is of vital
4importance to the health, safety
, and welfare of the people of this state and is of such
5a nature as to require training, education
, and the establishment of standards of a
6proper professional character. The public interest requires that these standards be
7established and that this training and education be made available to persons who
8seek to become law enforcement, tribal law enforcement, jail or
secure juvenile 9detention officers, persons who are serving as these officers in a temporary or
10probationary capacity
, and persons already in regular service.
Note: 2003 Wis. Act 344 changed the defined term "secure detention officer" to
"juvenile detention officer" for purposes of ss. 165.85 and 165.86, but failed to change
various usages of that defined term throughout ss. 165.85 and 165.86. This
Section and
the next 11
Sections other than
Section 134 change "secure detention officer" to "juvenile
detention officer" wherever found in ss. 165.85 and 165.96.
SB301, s. 132
11Section
132. 165.85 (3) (c) of the statutes is amended to read:
SB301,50,1612
165.85
(3) (c) Except as provided under sub. (3m) (a), certify persons as being
13qualified under this section to be law enforcement, tribal law enforcement, jail or
14secure juvenile detention officers. Prior to being certified under this paragraph, a
15tribal law enforcement officer shall agree to accept the duties of law enforcement
16officers under the laws of this state.
SB301, s. 133
17Section
133. 165.85 (3) (cm) of the statutes is amended to read:
SB301,51,1218
165.85
(3) (cm) Decertify law enforcement, tribal law enforcement, jail or
19secure juvenile detention officers who terminate employment or are terminated, who
20violate or fail to comply with a rule or order of the board relating to curriculum or
21training, who fail to pay court-ordered payments of child or family support,
1maintenance, birth expenses, medical expenses
, or other expenses related to the
2support of a child or former spouse
, or who fail to comply, after appropriate notice,
3with a subpoena or warrant issued by the department of workforce development or
4a county child support agency under s. 59.53 (5) and related to paternity or child
5support proceedings. The board shall establish procedures for decertification in
6compliance with ch. 227, except that decertification for failure to pay court-ordered
7payments of child or family support, maintenance, birth expenses, medical expenses
, 8or other expenses related to the support of a child or former spouse or for failure to
9comply, after appropriate notice, with a subpoena or warrant issued by the
10department of workforce development or a county child support agency under s.
1159.53 (5) and related to paternity or child support proceedings shall be done as
12provided under sub. (3m) (a).
Note: There is no conflict of substance. As merged by the revisor s. 165.85 (3) (d)
reads:
(d) Establish minimum curriculum requirements for preparatory courses and
programs, and recommend minimum curriculum requirements for recertification and
advanced courses and programs, in schools operated by or for this state or any political
subdivision of the state for the specific purpose of training law enforcement recruits, law
enforcement officers, tribal law enforcement recruits, tribal law enforcement officers, jail
officer recruits, jail officers, juvenile detention officer recruits, or juvenile detention
officers in areas of knowledge and ability necessary to the attainment of effective
performance as an officer, and ranging from subjects such as first aid, patrolling,
statutory authority, techniques of arrest, protocols for official action by off-duty officers,
firearms, and recording custodial interrogations, to subjects designed to provide a better
understanding of ever-increasing complex problems in law enforcement such as human
relations, civil rights, constitutional law, and supervision, control, and maintenance of a
jail or juvenile detention facility. The board shall appoint a 13-member advisory
curriculum committee consisting of 6 chiefs of police and 6 sheriffs to be appointed on a
geographic basis of not more than one chief of police and one sheriff from any one of the
8 state administrative districts together with the director of training of the Wisconsin
state patrol. This committee shall advise the board in the establishment of the
curriculum requirements.
SB301, s. 135
15Section
135. 165.85 (4) (ap) of the statutes is amended to read:
SB301,52,7
1165.85
(4) (ap) Jail officers serving under permanent appointment prior to July
22, 1983, are not required to meet any requirement of pars. (b) and (c) as a condition
3of tenure or continued employment as either a jail officer or a
secure juvenile 4detention officer. The failure of any such officer to fulfill those requirements does not
5make that officer ineligible for any promotional examination for which he or she is
6otherwise eligible. Any such officer may voluntarily participate in programs to fulfill
7those requirements.
SB301, s. 136
8Section
136. 165.85 (4) (at) of the statutes is amended to read:
SB301,52,129
165.85
(4) (at) Any person certified as a jail officer on July 1, 1994, is certified
10as a
secure juvenile detention officer and remains certified as a
secure juvenile 11detention officer subject to annual recertification requirements under par. (bn) 3.
12and the board's decertification authority under sub. (3) (cm).
SB301, s. 137
13Section
137. 165.85 (4) (b) 3. of the statutes is amended to read:
SB301,53,214
165.85
(4) (b) 3. No person may be appointed as a
secure juvenile detention
15officer, except on a temporary or probationary basis, unless the person has
16satisfactorily completed a preparatory program of
secure juvenile detention officer
17training approved by the board and has been certified by the board as being qualified
18to be a
secure juvenile detention officer. The program shall include at least 120 hours
19of training. The training program shall devote at least 16 hours to methods of
20supervision of special needs inmates, including inmates who may be emotionally
21distressed, mentally ill, suicidal, developmentally disabled
, or alcohol or drug
22abusers. The period of temporary or probationary employment established at the
23time of initial employment shall not be extended by more than one year for an officer
24lacking the training qualifications required by the board.
Secure Juvenile detention
1officer training programs including municipal, county
, and state programs meeting
2standards of the board shall be acceptable as meeting these training requirements.
SB301, s. 138
3Section
138. 165.85 (4) (bn) 3. (intro.) of the statutes is amended to read:
SB301,53,74
165.85
(4) (bn) 3. (intro.) No person may continue as a
secure juvenile detention
5officer, except on a temporary or probationary basis, unless that person completes
6annual recertification training. The officer shall complete at least 24 hours each
7fiscal year beginning in the later of the following:
SB301, s. 139
8Section
139. 165.85 (4) (c) of the statutes is amended to read:
SB301,53,159
165.85
(4) (c) In addition to the requirements of pars. (b) and (bn), the board
10may, by rule, fix such other minimum qualifications for the employment of law
11enforcement, tribal law enforcement, jail or
secure
juvenile detention officers as
12relate to the competence and reliability of persons to assume and discharge the
13responsibilities of law enforcement, tribal law enforcement, jail or
secure juvenile 14detention officers, and the board shall prescribe the means for presenting evidence
15of fulfillment of these requirements.
SB301, s. 140
16Section
140. 165.85 (4) (dm) of the statutes is amended to read:
SB301,53,1917
165.85
(4) (dm) The board may provide, by rule, that parts of the jail officer
18preparatory training and the
secure juvenile detention officer preparatory training
19are identical and count toward either training requirement.
SB301, s. 141
20Section
141. 165.85 (5) (a) of the statutes is amended to read:
SB301,54,221
165.85
(5) (a) The board may authorize and approve law enforcement, jail or
22secure juvenile detention officer training programs conducted by an agency of a
23political subdivision or an agency of the state when their programs meet the
24standards required by the board. No authority granted in this paragraph extends
1to the board selecting a site for a state police, jail or
secure juvenile detention officer
2academy and expending funds thereon without further legislation.
SB301, s. 142
3Section
142. 165.85 (5) (b) of the statutes is amended to read:
SB301,54,144
165.85
(5) (b) The board shall authorize the reimbursement to each political
5subdivision of approved expenses incurred by officers who satisfactorily complete
6training at schools certified by the board. Reimbursement of these expenses for law
7enforcement officer, jail officer and
secure juvenile detention officer preparatory
8training shall be for approved tuition, living
, and travel expenses for the first 400
9hours of law enforcement preparatory training and for the first 120 hours of jail or
10secure juvenile detention officer preparatory training. Reimbursement of approved
11expenses for completion of annual recertification training under sub. (4) (bn) shall
12include at least $160 per officer thereafter. Funds may also be distributed for
13attendance at other training programs and courses or for training services on a
14priority basis to be decided by the department of justice.
SB301, s. 143
15Section
143. 165.86 (2) (a) of the statutes is amended to read:
SB301,54,2116
165.86
(2) (a) Identify and coordinate all preparatory and recertification
17training activities in law enforcement in the state, and expand the coordinated
18program to the extent necessary to supply the training required for all recruits in the
19state under the preparatory training standards and time limits set by the board and
20for law enforcement officers, jail officers and
secure
juvenile detention officers in this
21state.
SB301,55,3
1167.31
(2) (d) Except as provided in sub. (4) (a),
(bg), (cg), (e), and (g), no person
2may discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or
3across a highway or within 50 feet of the center of a roadway.
Note: See the note to the next Section of this bill.
SB301, s. 145
4Section
145. 167.31 (4) (bg) of the statutes is created to read:
SB301,55,135
167.31
(4) (bg) 1. Subsection (2) (a), (b), (c), and (d) does not apply to a state
6employee or agent, or to a federal employee or agent, who is acting within the scope
7of his or her employment or agency, who is authorized by the department of natural
8resources to take animals in the wild for the purpose of controlling the spread of
9disease in animals and who is hunting in an area designated by the department of
10natural resources as a chronic wasting disease eradication zone, except that this
11subdivision does not authorize the discharge of a firearm or the shooting of a bolt or
12arrow from a bow or crossbow across a state trunk highway, county trunk highway,
13or paved town highway.
SB301,55,1814
1g. Subsection (2) (b) and (c) does not apply to a landowner, a family member
15of the landowner, or an employee of the landowner who is using a firearm, bow, or
16crossbow to shoot wild animals from a farm tractor or an implement of husbandry
17on the landowner's land that is located in an area designated by the department of
18natural resources as a chronic wasting disease eradication zone.
SB301,55,1919
2. This paragraph does not apply after June 30, 2010.
Note: 2005 Wis. Act 253 repealed s. 167.31 (4) (bg) due to the fact that the sunset
date of June 30, 2004 had passed and the provision was of no effect. However,
2005 Wis.
Act 286 amended the sunset date in subd. 2. from June 30, 2004, to June 30, 2010,
reviving the provision. The provision is in the printed statutes.
SB301,56,2
1167.31
(4) (bt) 3. The vehicle is not an all-terrain vehicle, as defined in s. 340.01
2(2) (g) (2g).
Note: Corrects cross-reference. "All-terrain vehicle" is defined in s. 340.01 (2g).
There is no s. 340.01 (2) (g).
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act
158 also created a provision numbered s. 220.02 (2) (g).
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act
158 created an identical provision numbered s. 220.02 (2) (g).
Note: There is no conflict of substance. As merged by the revisor, s. 230.03 (3)
reads:
(3) "Agency" means any board, commission, committee, council, or department in
state government or a unit thereof created by the constitution or statutes if such board,
commission, committee, council, department, unit, or the head thereof, is authorized to
appoint subordinate staff by the constitution or statute, except a legislative or judicial
board, commission, committee, council, department, or unit thereof or an authority
created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 231, 232, 233, 234,
235, or 237. "Agency" does not mean any local unit of government or body within one or
more local units of government that is created by law or by action of one or more local units
of government.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wisconsin
Act 75, section
24, renumbered s. 234.59 (3) (e) to s. 234.59 (3) (d) and
2005 Wisconsin Act
75, section
23d, created a separate provision numbered s. 234.59 (3) (d).
SB301,57,313
252.05
(4) Reports under subs. (1) and (2) shall state so far as known the name,
14sex, age, and residence of the person, the communicable disease and other facts the
1department or local health officer requires. Report forms, including forms
2appropriate for reporting under s. 95.22
(1m), may be furnished by the department
3and distributed by the local health officer.
Note: Inserts correct cross-reference. There is no s. 95.22 (1m).
SB301,57,136
252.15
(5) (a) 11. To a person, including a person exempted from civil liability
7under the conditions specified under s. 895.48
, 895.4802, or 895.4803, who renders
8to the victim of an emergency or accident emergency care during the course of which
9the emergency caregiver is significantly exposed to the emergency or accident victim,
10if a physician or advanced practice nurse prescriber, based on information provided
11to the physician or advanced practice nurse prescriber, determines and certifies in
12writing that the emergency caregiver has been significantly exposed and if the
13certification accompanies the request for disclosure.