AB720: Bill Text

AB720,28,18 251.07 Certain physicians; state agency status. A physician who is not an employee of the local health department and who provides services, without compensation, for those programs and services provided by a local health department that require medical oversight is, for the provision of the services he or she provides, a state agent of the department of health and family services for the purposes of ss. 165.25 (6), 893.82 (3), and 895.46.

Note: 2007 Wis. Act 20, section 9121 (6) (a) directed that wherever "health and family services" appeared in the statutes, as affected by the acts of 2007, it be replaced with "health services."

AB720, s. 64 Section 64. 252.15 (2) (a) 1. of the statutes is amended to read:

AB720,29,12 252.15 (2) (a) 1. Except as provided in subd. 1g., a health care provider who procures, processes, distributes or uses a human body part or human tissue that is the subject of an anatomical gift under s. 157.06 shall, without obtaining consent to the testing, test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV in order to assure medical acceptability of the gift for the purpose intended. The health care provider shall use as a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV a test or series of tests that the state epidemiologist finds medically significant and sufficiently reliable to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. If the validated test result of the donor from the test or series of tests performed is positive, the human body part or human tissue donated for use or proposed for donation may not be used.

Note: Adds missing "s."

AB720, s. 65 Section 65. 253.16 (1) of the statutes, as affected by 2009 Wisconsin Act 28, section 3410, is amended to read:

AB720,29,16 253.16 (1) In this subsection section, "infant" means a child from birth to 12 months of age.

Note: Inserts correct cross-reference.

AB720, s. 66 Section 66. 281.346 (2) (e) 1r. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB720,29,20 281.346 (2) (e) 1r. The baseline for a withdrawal not covered by subd. 1. or 1g. or 1m. is zero.

Note: Inserts correct cross-reference. Section 281.346 (2) (e) 1. was repealed by 2009 Wis. Act 28. Drafting records indicate subd. 1m. was to be included in the cross-reference. Section 281.346 (2) (e) 1g. provides for the determination of the baseline for a preexisting withdrawal if s. 281.346 (2) (e) 1m. does not apply. If subd. 1r. does not reference subd. 1m., subds. 1m. and 1r. conflict.

AB720, s. 67 Section 67. 281.346 (5e) (c) 1m. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB720,30,13 281.346 (5e) (c) 1m. Beginning on the December 8, 2011, the department may not approve a water supply service area plan under s. 281.348 that provides for increasing, after December 7, 2021, the amount of a withdrawal that is covered under an individual permit issued under sub. (5) and after the increase the withdrawal would equal 1,000,000 or more gallons per day for any 30 consecutive days over the withdrawal amount as of the beginning of the current permit term or the date that the department issued a modified permit for the withdrawal if the modification was subject to the state decision-making standard under sub. (5m) or the compact decision-making standard under sub. (6), whichever is later, and if subd. 2m. does not apply, unless the increased withdrawal meets the state decision-making standard under sub. (5m).

Note: Deletes unnecessary word.

AB720, s. 68 Section 68. 285.69 (2m) (b) of the statutes, as affected by 2009 Wisconsin Act 28, section 2642, is renumbered 285.69 (2m) (bm).

Note: Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. 2009 Wis. Act 28, s. 2643, also created a provision numbered s. 285.69 (2m) (b).

AB720, s. 69 Section 69. 302.113 (9) (c) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB720,31,5 302.113 (9) (c) A person who is subsequently released to extended supervision after service of the period of time specified by the order under par. (am) is subject to all conditions and rules under subs. sub. (7) and, if applicable, sub. (7m) until the expiration of the remaining extended supervision portion of the bifurcated sentence or until the department discharges the person under s. 973.01 (4m), whichever is appropriate. The remaining extended supervision portion of the bifurcated sentence is the total length of the bifurcated sentence, less the time served by the person in confinement under the bifurcated sentence before release to extended supervision under sub. (2) and less all time served in confinement for previous revocations of extended supervision under the bifurcated sentence.

Note: Corrects citation form.

AB720, s. 70 Section 70. 304.06 (1) (bg) 2. h. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB720,31,9 304.06 (1) (bg) 2. h. A person who is serving a sentence related to school safety, as defined in s. 939.22 (20s).

Note: Inserts missing word.

AB720, s. 71 Section 71. 322.0767 (1) (a) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB720,31,20 322.0767 (1) (a) If a person subject to a general court-martial is found to lack substantial mental capacity to understand the proceedings or assist in his or own defense and the military judge determined that the person is likely to become competent within the period specified under s. 971.14 (5) (a), the court-martial convening authority for the person shall commit the person to the custody of the department of health and family services under s. 971.14 (5). If the military judge determines that the defendant is not likely to become competent in the time period specified under s. 971.14 (5), the military judge shall suspend or terminate the general court-martial.

Note: 2007 Wis. Act 20, section 9121 (6) (a) directed that wherever "health and family services" appeared in the statutes, as affected by the acts of 2007, it be replaced with "health services."

AB720, s. 72 Section 72. 343.05 (4) (b) 3. of the statutes is amended to read:

AB720,32,4 343.05 (4) (b) 3. Any nonresident of the United States who holds an international driving permit or a valid operator's license issued by West Germany, Mexico, or Switzerland or by any other nation having a reciprocal agreement with the United States concerning driving privileges.

Note: Updates name.

AB720, s. 73 Section 73. 343.307 (1) (intro.) of the statutes is amended to read:

AB720,32,8 343.307 (1) (intro.) The court shall count the following to determine the length of a revocation under s. 343.30 (1q) (b) and to determine the penalty under s. ss. 114.09 (2) and 346.65 (2):

Note: Corrects citation form.

AB720, s. 74 Section 74. 346.58 (2) of the statutes is amended to read:

AB720,32,12 346.58 (2) In addition to complying with other speed restrictions imposed by law, no person may drive any vehicle equipped with metal tires or solid rubber tires at a speed in excess of 15 miles per hour.

Note: Inserts missing word.

AB720, s. 75 Section 75. 346.70 (3m) (a) of the statutes is amended to read:

AB720,32,18 346.70 (3m) (a) The department may require any operator, occupant or owner of a vehicle involved in an accident of which report must be made as provided in s. 346.70 this section to file supplemental reports whenever the original report is insufficient in the opinion of the department and may require witnesses of accidents to render reports to the department.

Note: Corrects citation form.

AB720, s. 76 Section 76. 440.03 (9) (a) 2. of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB720,33,11 440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year, adjusting for the succeeding fiscal biennium each fee for an initial credential for which an examination is not required, for a reciprocal credential, and, subject to s. 440.08 (2) (a), for a credential renewal, if e an adjustment is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential or credential renewal is in effect and, for purposes of each fee for a credential renewal, to reflect an estimate of any additional moneys available for the department's general program operations as a result of appropriation transfers that have been or are estimated to be made under s. 20.165 (1) (i) during the fiscal biennium in progress at the time of the deadline for an adjustment under this subdivision or during the fiscal biennium beginning on the July 1 immediately following the deadline for an adjustment under this subdivision.

Note: Deletes a letter that was inadvertently not stricken by 2007 Act 20.

AB720, s. 77 Section 77. 447.04 (1) (b) 2. of the statutes, as created by 2007 Wisconsin Act 104, is amended to read:

AB720,33,20 447.04 (1) (b) 2. Submits evidence satisfactory to the examining board that the person 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 qualified to provide such instruction. The examining board shall consult with the department of health and family services to determine whether an individual, organization, or institution of higher education is qualified to provide instruction under this subdivision.

Note: 2007 Wis. Act 20, section 9121 (6) (a) directed that wherever "health and family services" appeared in the statutes, as affected by the acts of 2007, it be replaced with "health services."

AB720, s. 78 Section 78. 448.65 (2) (a) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB720,34,2 448.65 (2) (a) The renewal fee determined by the department under s. 440.03 (9) (a).

Note: Inserts missing "s."

AB720, s. 79 Section 79. 450.095 (2) 1., 2. and 3. of the statutes, as created by 2009 Wisconsin Act 28, are renumbered 450.095 (2) (a), (b) and (c).

Note: Conforms numbering to current style.

AB720, s. 80 Section 80. 560.139 (4) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB720,34,11 560.139 (4) Origination fee. The department may charge the recipient of a grant or loan under sub. (1) (a), (2), or (3) an origination fee of not more than 2 percent of the grant or loan amount if the grant or loan equals or exceeds $100,000. The department shall deposit all origination fees collected under this subsection into the appropriation account under s. 20.143 (1) (gm).

Note: Section 560.139 (2) and (3) were repealed by 2009 Wis. Act 28.

AB720, s. 81 Section 81. 560.205 (2) of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read:

AB720,35,5 560.205 (2) Early stage seed investment tax credits. The department shall implement a program to certify investment fund managers for purposes of ss. 71.07 (5b), 71.28 (5b),, 71.47 (5b), and 76.638. An investment fund manager desiring certification shall submit an application to the department. The investment fund manager shall specify in the application the investment amount that the manager wishes to raise and the department may certify the manager and determine the amount that qualifies for purposes of ss. 71.07 (5b), 71.28 (5b), 71.47 (5b), and 76.638. In determining whether to certify an investment fund manager, the department shall consider the investment fund manager's experience in managing venture capital funds, the past performance of investment funds managed by the applicant, the expected level of investment in the investment fund to be managed by the applicant, and any other relevant factors. The department may certify only investment fund managers that commit to consider placing investments in businesses certified under sub. (1).

Note: Deletes unnecessary comma.

AB720, s. 82 Section 82. 560.205 (3) (a) of the statutes is amended to read:

AB720,35,10 560.205 (3) (a) List of certified businesses and investment fund managers. The department shall maintain a list of businesses certified under sub. (1) and investment fund managers certified under sub. (2) and shall permit public access to the lists through the department's Internet website Web site.

Note: Corrects spelling.

AB720, s. 83 Section 83. 560.208 of the statutes, as created by 2009 Wisconsin Act 28, is renumbered 560.2085.

Note: Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. 2009 Wis. Act 2 also created a provision numbered s. 560.208.

AB720, s. 84 Section 84. 560.304 of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB720,35,18 560.304 Forward innovation fund. The department may award a grant or make a loan to an eligible recipient from the appropriations under s. 20.143 (1) (fi), (gm), and (io). The department shall consult with the board prior to awarding a grant or making a loan under this section.

Note: Inserts missing comma.

AB720, s. 85 Section 85. 632.835 (2) (bg) 2. of the statutes is amended to read:

AB720,36,7 632.835 (2) (bg) 2. The insurer includes on its explanation of benefits form a statement that the insured may have a right to an independent review after the internal grievance process and that an insured may be entitled to expedited independent review with respect to an urgent matter. The statement shall also include a reference to the section of the policy or certificate that contains the description of the independent review procedure as required under subd. 1. The statement shall provide a toll-free telephone number and website Web site, if appropriate, where consumers may obtain additional information regarding internal grievance and independent review processes.

Note: Corrects spelling.

AB720, s. 86 Section 86. 632.835 (2) (bg) 3. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB720,36,19 632.835 (2) (bg) 3. For any coverage denial determination for which an explanation of benefits is not provided to the insured, the insurer provides a notice that the insured may have a right to an independent review after the internal grievance process and that an insured may be entitled to expedited, independent review with respect to an urgent matter. The notice shall also include a reference to the section of the policy or certificate that contains the description of the independent review procedure as required under subd. 1. The notice shall provide a toll-free telephone number and website Web site, if appropriate, where consumers may obtain additional information regarding internal grievance and independent review processes.

Note: Corrects spelling.

AB720, s. 87 Section 87. The treatment of 757.05 (1) (a) of the statutes by 2009 Wisconsin Act 12 is not repealed by 2009 Wisconsin Act 28. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau under s. 13.92 (2) (i), effective 7-5-10, s. 757.05 (1) (a) reads:

(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) or (2m), for a financial responsibility violation under s. 344.62 (2), 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 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.

AB720, s. 88 Section 88. 801.17 (3) (c) of the statutes is amended to read:

AB720,37,7 801.17 (3) (c) Users shall register through the electronic filing system website Web site by executing a user agreement governing the terms of use of the electronic filing system. To register, users must have the capability to produce, file, and receive electronic documents meeting the technical requirements of the electronic filing system. By registering, users agree to electronically file all documents to the extent the electronic filing system can accept them.

Note: Corrects spelling.

AB720, s. 89 Section 89. 801.17 (5) (a) of the statutes is amended to read:

AB720,37,13 801.17 (5) (a) If the clerk of court accepts an initiating document for filing, the clerk of court shall assign a case number and authenticate the document as provided in sub. (10). The electronic filing system shall send a notice to the filer that the filing has been accepted and is available through the electronic filing system website Web site.

Note: Corrects spelling.

AB720, s. 90 Section 90. 801.17 (11) (b) of the statutes is amended to read:

AB720,38,6 801.17 (11) (b) Notaries public who hold valid appointments under ch. 137 may register with the electronic filing system for authorization to notarize electronically filed documents. To register, notaries must be able to meet the technical requirements of the electronic filing system. Upon receipt of a properly executed notary agreement, the electronic filing system shall assign to the notary a confidential electronic signature and seal. The notary signature and seal shall be used only by the notary to whom it is assigned. Upon learning that the confidentiality of the signature and seal have been inadvertently or improperly disclosed, the notary shall immediately report that fact through the electronic filing system website Web site.

Note: Corrects spelling.

AB720, s. 91 Section 91. 803.01 (3) (b) 2. and 3. of the statutes are amended to read:

AB720,38,17 803.01 (3) (b) 2. When the plaintiff is a minor 14 years of age or over, the guardian ad litem shall be appointed upon the plaintiff's application or upon the state's application under s. 767.407 (1) (c); or if the plaintiff is under that age or is adjudicated incompetent or alleged to be incompetent, upon application of the plaintiff's guardian or of a relative or friend or upon application of the state under s. 767.407 (1) (c). If the application is made by a relative, a friend, or the state, notice thereof must first be given to the guardian if the plaintiff has one in this state; if the plaintiff has none, then to the person with whom the minor or individual adjudicated incompetent resides or who has the minor or individual adjudicated incompetent in custody.

AB720,38,24 3. When the defendant is a minor 14 years of age or over, the guardian ad litem shall be appointed upon the defendant's application made within 20 days after the service of the summons or other original process; if the defendant is under that age or neglects to so apply or is adjudicated incompetent or alleged to be incompetent, then upon the court's own motion or upon the application of any other party or any relative or friend or the defendant's guardian upon such notice of the application as the court directs or approves.

Note: Prior to the repeal and recreation of s. 803.01 by Supreme Court Order, 67 Wis. 2d 585, 638 (1975), an introductory provision supplied a verb for what became s. 803.01 (3) (b) 2. and 3. after the repeal and recreation. The repeal and recreation left subds. 2. and 3. without a verb, which is restored by this bill. This change is made at the request of the Supreme Court.

AB720, s. 92 Section 92. Subchapter III (title) of chapter 809 [precedes 809.30] of the statutes, as affected by 2009 Wisconsin Act 26, is amended to read:

AB720,39,3 chapter 809

AB720,39,8 SUBCHAPTER III APPEAL PROCEDURE IN COURT OF APPEALS IN S. 971.17 PROCEEDINGS AND IN CRIMINAL AND CH. 48, 51, 55,, 938, AND 980 CASES

Note: Deletes unnecessary comma.

AB720, s. 93 Section 93. 809.30 (title) of the statutes, as affected by 2009 Wisconsin Act 26, is amended to read: