AB573: Bill Text

AB573,56,21 281.35 (4) (a) 4. A person to whom a permit under s. 281.244 281.344 (5) or 281.346 (5) has been issued or who is required to obtain a permit under one of those provisions before beginning or increasing a withdrawal.

Note: Inserts correct cross-reference. There is no s. 281.244.

AB573, s. 148 Section 148. 281.35 (5) (d) 2. of the statutes is amended to read:

AB573,57,4 281.35 (5) (d) 2. That the proposed withdrawal does not conflict with any applicable plan for future uses of the waters of the state, including plans developed under ss. 281.12 (1) and 283.83 and any water quantity resources plan prepared under sub. (8).

Note: Section 281.35 (8) was repealed by 2007 Wis. Act 227.

AB573, s. 149 Section 149. 281.48 (5p) (title) of the statutes is created to read:

AB573,57,6 281.48 (5p) (title) Limit on local regulation.

Note: The remaining subsections in s. 281.48 have titles.

AB573, s. 150 Section 150. 281.49 (10) (title) of the statutes is created to read:

AB573,57,8 281.49 (10) (title) Septage disposal fees.

Note: The remaining subsections in s. 281.49 have titles.

AB573, s. 151 Section 151. 281.69 (1b) (ag) of the statutes is amended to read:

AB573,57,10 281.69 (1b) (ag) In this section, "lake" "Lake" includes a flowage.

Note: Deletes language repeated from s. 281.69 (1b) (intro.).

AB573, s. 152 Section 152. 285.48 (4) (b) of the statutes, as affected by 2005 Wisconsin Act 141, is amended to read:

AB573,57,15 285.48 (4) (b) The implementation of low-income weatherization and energy conservation measures, including programs established under s. 16.957 (2) (a) or (b) or programs under s. 196.374.

Note: Section 16.957 (2) (b) was repealed eff. 7-1-07 by 2005 Wis. Act 141.

AB573, s. 153 Section 153. The treatment of 301.45 (1d) (b) of the statutes by 2007 Wisconsin Act 80 is not repealed by 2007 Wisconsin Act 116. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau s. 301.45 (1d) (b) reads:

(b) "Sex offense" means a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.051, 948.055, 948.06, 948.07 (1) to (4), 948.075, 948.08, 948.085, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13, or 948.30, of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies, or of s. 940.30 or 940.31 if the victim was a minor and the person who committed the violation was not the victim's parent.

AB573, s. 154 Section 154. 301.46 (4) (a) 10m. of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB573,58,3 301.46 (4) (a) 10m. The department of children and families.

Note: Inserts missing word.

AB573, s. 155 Section 155. 301.48 (2) (b) 2. of the statutes, as affected by 2007 Wisconsin Acts 20 and 96, is amended to read:

AB573,58,8 301.48 (2) (b) 2. A court discharges the person under s. 980.10, 2003 stats. or s. 980.09 (4). This subdivision does not apply if the person was on supervised release immediately before being discharged.

Note: 2007 Wis. Act 20 deleted the cross-reference to s. 980.10 from this provision. 2007 Wis. Act 96, a correction bill, changed the location of the cross-reference within the provision to conform to current style and allow for proper electronic linking but without taking the treatment of Act 20 into account and without intending to recreate a deleted cross-reference.

AB573, s. 156 Section 156. The treatment of 301.48 (3) (c) of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 96. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 301.48 (3) (c) reads:

(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, supervised release, or lifetime supervision. In creating inclusion zones for a person on supervised release, the department shall consider s. 980.08 (9).

AB573, s. 157 Section 157. 321.40 (5) (b) of the statutes, as affected by 2007 Wisconsin Act 200, is amended to read:

AB573,59,2 321.40 (5) (b) If the U.S. congress establishes an active draft after July 1, 1977, no new tuition grants may be authorized under this section. The department shall determine if an active draft has been established. Any termination of the tuition grant program under this paragraph shall allow persons receiving grants prior to the establishment of an active draft to receive full benefits subject to sub. (4) (3) (d) and par. (a).

Note: Corrects cross-reference. There is no s. 321.40 (4) (d). 2007 Wis. Act 200 renumbered s. 21.49 (3) to s. 321.40 (3), and renumbered s. 21.49 (4) to s. 321.40 (5) but changed the cross-reference to "sub. (3) (d)" in s. 21.49 (4) (b) to "sub. (4) (d)" in s. 321.40 (5) (b).

AB573, s. 158 Section 158. 321.40 (6) (d) of the statutes, as created by 2007 Wisconsin Act 200, is renumbered 321.40 (5) (d).

Note: There are no other paragraphs in s. 321.40 (6). Section 321.40 (5) lists limitations on tuition grants and s. 321.40 (6) (d) is also a limitation on tuition grants.

AB573, s. 159 Section 159. 322.0587 (4) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB573,59,11 322.0587 (4) If the sentence of a member who forfeits pay and allowances under sub. (1) is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in sub. (1) (b) (2), the member shall be paid the pay and allowances that the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.

Note: Corrects cross-reference. There is no s. 322.0587 (1) (b). Punishments are under s. 322.0587 (2).

AB573, s. 160 Section 160. 322.0767 (1) (c) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB573,60,3 322.0767 (1) (c) Upon receiving a report under s. 971.17 971.14 (5) (b), the court-martial shall make a determination as to whether the person has become competent. If the court-martial determines that the defendant has become competent, the court-martial shall terminate the commitment to the department of health services and resume the general court-martial. If the court-martial determines that the person is making sufficient progress toward becoming competent, the commitment shall continue. If the court-martial determines that the person is not likely to become competent to proceed in the time period specified under s. 971.14 (5) (a), the court-martial shall suspend or terminate the commitment order under this subsection.

Note: Corrects cross-reference. There is no s. 971.17 (5) (b). Section 971.14 (5) (b) provides for reexamination and reports regarding a person initially determined to be incompetent to stand trial.

AB573, s. 161 Section 161. 341.47 (3) of the statutes, as affected by 2007 Wisconsin Act 175, is amended to read:

AB573,60,14 341.47 (3) A vehicle which that is being transported in tow on its own wheels or under its own power from a distributor, a dealer, the manufacturer, or a branch of the manufacturer to the purchaser, or from any location to a distributor, a dealer, the manufacturer, or a branch of the manufacturer, by a transporter of vehicles who is a 3rd party with no ownership interest in the vehicle, need not be registered if such vehicle has displayed upon it valid registration plates issued to the transporter pursuant to s. 341.51. The requirement under this subsection that the vehicle be transported in tow on its own wheels or under its own power does not apply to trailers, semitrailers, or truck tractors.

Note: "The" was deleted by 2007 Wis. Act 175 without being shown as stricken. No change was intended.

AB573, s. 162 Section 162. 342.16 (1) (a) of the statutes is amended to read:

AB573,61,17 342.16 (1) (a) Except as provided in par. (c), if a dealer acquires a new or used vehicle that is not a salvage vehicle and holds it for resale, or acquires a salvage vehicle that is currently titled as a salvage vehicle and holds it for resale or accepts a vehicle for sale on consignment, the dealer may not submit to the department the certificate of title or application for certificate of title naming the dealer as owner of the vehicle. Upon transferring the vehicle to another person, the dealer shall immediately give the transferee on a form prescribed by the department a receipt for all title, registration, security interest and sales tax moneys paid to the dealer for transmittal to the department when required. The dealer shall promptly execute the assignment and warranty of title, showing the name and address of the transferee and of any secured party holding a security interest created or reserved at the time of the resale or sale on consignment, in the spaces provided therefor on the certificate or as the department prescribes. Within 7 business days following the sale or transfer, the dealer shall process the application for certificate of title, and within the next business day after processing the application, the dealer shall mail or deliver the original application for certificate and all associated materials required by the department to the department. A nonresident who purchases a motor vehicle from a dealer in this state may not, unless otherwise authorized by rule of the department, apply for a certificate of title issued for the vehicle in this state unless the dealer determines that a title is necessary to protect the interests of a secured party. The dealer is responsible for determining whether a title and perfection of security interest is required. The dealer is liable for any damages incurred by the department or any secured party for the dealer's failure to perfect a security interest which the dealer had knowledge of at the time of sale.

Note: The underscored period was inadvertently deleted by 2005 Wis. Act 25. The period is printed in the 2007-08 Statutes.

AB573, s. 163 Section 163. 343.14 (2) (br) of the statutes, as affected by 2007 Wisconsin Act 20, sections 3243 and 3244b, is repealed and recreated to read:

AB573,62,2 343.14 (2) (br) If the applicant does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A license that is issued or renewed under s. 343.17 in reliance on a statement submitted under this paragraph is invalid if the statement is false.

Note: 2007 Wis. Act 20, section 3244b, amended s. 343.14 (2) (br), as affected by 2007 Wis. Act 20, section 3243. Section 3244b changed a reference to the department of workforce development to be a reference to the department of children and families, while section 3243 made various changes related to implementing the federal REAL ID act. Section 3244b took effect on 7-1-08; however, section 3243 has not taken effect, because its effective date is contingent upon an event that has not yet occurred. (See section 9448 (1) of Act 20 for the effective date.) This Section repeals and recreates the provision so that it reflects the changes made by section 3244b, but not the changes made by section 3243, effective immediately. The following Section amends the provision, as affected by this Section, so that it reflects the changes made by section 3243, effective on the date that section 3243 takes effect or on the day after publication of this bill, whichever is later.

AB573, s. 164 Section 164. 343.14 (2) (br) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB573,62,14 343.14 (2) (br) If the applicant does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number and is not eligible for a social security number. The statement shall provide the basis or reason that the applicant is not eligible for a social security number, as well as any information requested by the department that may be needed by the department for purposes of verification under s. 343.165 (1) (c). The form of the statement shall be prescribed by the department, with the assistance of the department of children and families. A license that is issued or renewed under s. 343.17 in reliance on a statement submitted under this paragraph is invalid if the statement is false.

Note: See the note following the preceding Section.

AB573, s. 165 Section 165. The treatment of 343.235 (3) (a) of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 27. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective as of the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under s. 85.515 (2) (b), s. 343.235 (3) (a) reads:

(a) A law enforcement agency, a state authority, a district attorney, a driver licensing agency of another jurisdiction, a federal governmental agency, or the commission to perform a legally authorized function.

AB573, s. 166 Section 166. The treatment of 343.50 (3) of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 106. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective as of the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under s. 85.515 (2) (b), of 2007 Wis. Act 20, section 3378, s. 343.50 (3) reads:

(3) Design and contents of card. The card shall be the same size as an operator's license but shall be of a design which is readily distinguishable from the design of an operator's license and bear upon it the words "IDENTIFICATION CARD ONLY." The information on the card shall be the same as specified under s. 343.17 (3). If the issuance of the card requires the applicant to present any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the card shall display, on the front side of the card, a legend identifying the card as temporary. The card shall contain physical security features consistent with any requirement under federal law. The card may serve as a record of gift under s. 157.06 (2) (t) and the holder may affix a sticker thereto as provided in s. 343.175 (3). The card may also serve as a record of refusal under s. 157.06 (2) (u). The card shall contain the holder's photograph and, if applicable, shall be of the design specified under s. 343.17 (3) (a) 12.

AB573, s. 167 Section 167. The treatment of 343.50 (8) (b) of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 106. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08 (see Section 229 of this bill), s. 343.50 (8) (b) reads:

(b) The department may not disclose any record or other information concerning or relating to an applicant or identification card holder to any person other than a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, driver licensing agency of another jurisdiction, a procurement organization as provided in sub. (4m) (a), the applicant or identification card holder or, if the applicant or identification card holder is under 18 years of age, his or her parent or guardian. Except for photographs for which disclosure is authorized under s. 343.237, persons entitled to receive any record or other information under this paragraph shall not disclose the record or other information to other persons or agencies. This paragraph does not prohibit the disclosure of a person's name or address, of the name or address of a person's employer or of financial information that relates to a person when requested under s. 49.22 (2m) by the department of children and families or a county child support agency under s. 59.53 (5).

AB573, s. 168 Section 168. 343.71 (1m) (b) of the statutes is amended to read:

AB573,64,6 343.71 (1m) (b) A file containing a copy of every agreement required under this paragraph. No driver school or instructor may provide lessons, lectures, tutoring or other services relating to instructions in the operation of motor vehicles unless a written agreement in a form approved by the department has been executed by the school and either the student if the student is at least 18 years of age or, if the student is under 18 years of age, the student's parent or legal guardian. The s driver school shall give the student, or the parent or guardian if the student is under 18 years of age, the original agreement and shall retain and preserve a duplicate copy of the agreement.

Note: A letter was inadvertently not stricken by 2005 Wis. Act 397. The "s" is not printed in the 2007-08 Statutes.

AB573, s. 169 Section 169. 346.65 (2c) of the statutes, as affected by 2007 Wisconsin Act 111, is amended to read:

AB573,64,14 346.65 (2c) In sub. (2) (am) 2., 3., 4., 5., 6., and 7., the time period shall be measured from the dates of the refusals or violations that resulted in the revocation or convictions. If a person has a suspension, revocation, or conviction for any offense under a local ordinance or a state statute of another state that would be counted under s. 343.307 (1), that suspension, revocation, or conviction shall count as a prior suspension, revocation, or conviction under sub. (2) (am) 2., 3., 4., 5., 6., and 7.

Note: Inserts necessary period. The change is printed in the 2007-08 Statutes.

AB573, s. 170 Section 170. 348.01 (2) (ax) of the statutes, as created by 2007 Wisconsin Act 16, is amended to read:

AB573,64,18 348.01 (2) (ax) "Forestry biomass" has the meaning given in s. 26.385 (1) means byproducts and waste generated by the practice of forestry on forestry lands.

Note: Section 26.385 was repealed by 2007 Wis. Act 20. The definition contained in s. 26.385 (1), 2005 stats., replaces the cross-reference to that provision.

AB573, s. 171 Section 171. The treatment of 348.21 (3g) (intro.) of the statutes by 2007 Wisconsin Act 20, section 3435m, is not repealed by 2007 Wisconsin Act 97, section 178. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 348.21 (3g) (intro.) reads:

(3g) Any person who, while operating a vehicle combination that is transporting raw forest products, violates s. 348.15 or 348.16 or any weight limitation posted as provided in s. 348.17 (1) or in a declaration issued under s. 348.175 or authorized in an overweight permit issued under s. 348.26 or 348.27 may be penalized as follows:

AB573, s. 172 Section 172. The treatment of 440.91 (1) (c) 1. of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 174. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-09, s. 440.91 (1) (c) 1. reads:

1. The renewal dates for licenses granted under par. (b) are specified in s. 440.08 (2) (a) and the renewal fees for such licenses are determined by the department under s. 440.03 (9) (a), except that a licensed cemetery authority is not required to renew its license if the cemetery authority sells less than 20 cemetery lots or mausoleum spaces at a cemetery during a calendar year, or that has less than $100,000 in trust fund accounts for a cemetery.

AB573, s. 173 Section 173. The treatment of 447.05 of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 104. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-09, s. 447.05 reads:

447.05 Expiration and renewal. Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a). The examining board may not renew a license to practice dentistry unless the applicant for renewal attests that he or she has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction. The examining board may not renew a license to practice dental hygiene unless the applicant for renewal attests that he or she has complied with s. 447.055 and any rules promulgated by the department under s. 447.055, that he or she has a current certification in cardiopulmonary resuscitation, and that he or she has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction.

AB573, s. 174 Section 174. 450.071 (1) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB573,66,5 450.071 (1) No person may engage in the wholesale distribution of a prescription drug in this state without obtaining a license from the board for each facility from which the person distributes prescription drugs. The board shall exempt a manufacturer that distributes prescription drugs or devises devices manufactured by the manufacturer from licensing and other requirements under this section to the extent the license or requirement is not required under federal law or regulation, unless the board determines that it is necessary to apply a requirement to a manufacturer.

Note: Corrects spelling.

AB573, s. 175 Section 175. 455.02 (2m) (L) of the statutes is amended to read:

AB573,66,14 455.02 (2m) (L) A mental health professional who has met all of the qualifications under s. HFS DHS 61.96, Wis. Adm. Code, for employment as a mental health professional in an outpatient psychotherapy clinic certified by the department of health services under s. HFS DHS 61.95, Wis. Adm. Code, if the person is performing activities that are a part of the duties for which he or she is employed by such a certified outpatient psychotherapy clinic and is performing those activities solely within the confines of or under the jurisdiction of the clinic by which he or she is employed.

Note: The "HFS" administrative code was renumbered "DHS" by the legislative reference bureau under s. 13.92 (4) (b) 1. to reflect the name change of the Department of Health and Family Services to the Department of Health Services. The change is printed in the 2007-08 Statutes.

AB573, s. 176 Section 176. 457.02 (6) (b) 2. of the statutes is amended to read:

AB573,66,22 457.02 (6) (b) 2. The person is a mental health professional who meets all of the qualifications under s. HFS DHS 61.96, Wis. Adm. Code, for employment as a mental health professional in an outpatient psychotherapy clinic certified by the department of health services under s. HFS DHS 61.95, Wis. Adm. Code, if the person's practice of psychotherapy is a part of the duties for which he or she is employed by such a clinic and the person practices psychotherapy solely within the confines of or under the jurisdiction of the clinic.

Note: The "HFS" administrative code was renumbered "DHS" by the legislative reference bureau under s. 13.92 (4) (b) 1. to reflect the name change of the Department of Health and Family Services to the Department of Health Services. The change is printed in the 2007-08 Statutes.

AB573, s. 177 Section 177. 461.02 (2) (d) and (e) of the statutes, as created by 2007 Wisconsin Act 189, are amended to read: