SB285: Bill Text

SB285, s. 42 Section 42. The treatment of 48.685 (2) (b) 4. of the statutes by 2009 Wisconsin Act 76 is not repealed by 2009 Wisconsin Act 185. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.685 (2) (b) 4. reads:

4. Subdivisions 1. and 2. do not apply with respect to a nonclient resident or person under 18 years of age, but not under 12 years of age, who is a caregiver of a child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a child care provider that is certified under s. 48.651 and with respect to whom the department, a county department, an agency contracted with under s. 48.651 (2), or a school board is required under par. (am) (intro.) to obtain the information specified in par. (am) 1. to 5.

SB285, s. 43 Section 43. 48.685 (3) (am) 1. of the statutes, as created by 2009 Wisconsin Act 76, is amended to read:

SB285,22,11 48.685 (3) (am) 1. Every 3 months or at any time within that period that the department, a county department, an agency contracted with under s. 48.651 (2), or a school board considers appropriate, the department, county department, contracted agency, or school board shall request the information specified in sub. (2) (am) 1. to 5. and (ar) for all caregivers specified in sub. (1) (ag) 1. b. who are licensed under s. 48.65 to operate a day child care center, certified as a day child care provider under s. 48.651, or contracted under s. 120.13 (14) to operate a day child care center. Beginning on January 1, 2011, and annually after that, the department shall submit a report to the appropriate standing committees of the legislature under s. 13.172 (3) describing the information collected under this subdivision, specifically any information indicating that a caregiver specified in sub. (1) (ag) 1. b. is ineligible under sub. (4m) (a) to be licensed under s. 48.65 to operate a day child care center, certified under s. 48.651 as a child care provider, or contracted under s. 120.13 (14) to operate a day child care center, and describing any action taken in response to the receipt of information under this subdivision indicating that such a caregiver is so ineligible.

Note: Inserts correct term. 2009 Wis. Act 76 included references to "day care" in this provision. 2009 Wis. Act 185 changed "day care" to "child care" throughout the statutes without taking account of the treatment by Act 76.

SB285, s. 44 Section 44. 48.685 (3) (b) of the statutes, as affected by 2009 Wisconsin Acts 76 and 185, is amended to read:

SB285,22,17 48.685 (3) (b) Subject to par. (bm), every 4 years or at any time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to e. for all persons who are caregivers specified in sub. (1) (ag) 1. a. of the entity. child child

Note: The stricken language was inserted by 2009 Wis. Act 185, but rendered superfluous by the treatment by 2009 Wis. Act 76.

SB285, s. 45 Section 45. 48.685 (3) (bm) of the statutes, as created by 2009 Wisconsin Act 76, is amended to read:

SB285,23,4 48.685 (3) (bm) Every year or at any time within that period that a day child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or a day child care provider that is certified under s. 48.651 considers appropriate, the day child care center or day child care provider shall request the information specified in sub. (2) (b) 1. a. to e. and 2. for all persons who are caregivers specified in sub. (1) (ag) 1. a. of the day child care center or day child care provider who are 18 years of age or over.

Note: Inserts correct term. 2009 Wis. Act 76 included references to "day care" in this provision. 2009 Wis. Act 185 changed "day care" to "child care" throughout the statutes without taking account of the treatment by Act 76.

SB285, s. 46 Section 46. The treatment of 48.685 (4m) (a) 1. of the statutes by 2009 Wisconsin Act 76 is not repealed by 2009 Wisconsin Act 185. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.685 (4m) (a) 1. reads:

1. That the person has been convicted of a serious crime or, if the person is an applicant for issuance or continuation of a license to operate a child care center or for initial certification under s. 48.651 or for renewal of that certification or if the person is proposing to contract with a school board under s. 120.13 (14) or to renew a contract under that subsection, that the person has been convicted of a serious crime or adjudicated delinquent on or after his or her 12th birthday for committing a serious crime or that the person is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th birthday.

SB285, s. 47 Section 47. The treatment of 48.685 (4m) (ad) of the statutes by 2009 Wisconsin Act 76, section 20, is not repealed by 2009 Wisconsin Act 185, section 66. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.685 (4m) (ad) reads:

(ad) The department, a county department, or a child welfare agency may license a foster home or treatment foster home under s. 48.62; the department may license a day care center under s. 48.65; the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may certify a child care provider under s. 48.651; and a school board may contract with a person under s. 120.13 (14), conditioned on the receipt of the information specified in sub. (2) (am) and (ar) indicating that the person is not ineligible to be licensed, certified, or contracted with for a reason specified in par. (a) 1. to 5.

SB285, s. 48 Section 48. The treatment of 48.685 (4m) (b) 1. of the statutes by 2009 Wisconsin Act 76 is not repealed by 2009 Wisconsin Act 185. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.685 (4m) (b) 1. reads:

1. That the person has been convicted of a serious crime or, if the person is a caregiver or nonclient resident of a child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or of a child care provider that is certified under s. 48.651, that the person has been convicted of a serious crime or adjudicated delinquent on or after his or her 12th birthday for committing a serious crime or that the person is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th birthday.

SB285, s. 49 Section 49. 48.685 (5) (br) (intro.) and 3m. of the statutes, as created by 2009 Wisconsin Act 76, are amended to read:

SB285,24,12 48.685 (5) (br) (intro.) For purposes of licensing a person to operate a day child care center under s. 48.65, certifying a day child care provider under s. 48.651, or contracting with a person under s. 120.13 (14) to operate a day child care center or of permitting a person to be a nonclient resident or caregiver specified in sub. (1) (ag) 1. a. of a day child care center or day child care provider, no person who has been convicted or adjudicated delinquent on or after his or her 12th birthday for committing any of the following offenses or who is the subject of a pending criminal charge or delinquency petition alleging that the person has committed any of the following offenses on or after his or her 12th birthday may be permitted to demonstrate that he or she has been rehabilitated:

SB285,24,18 3m. Except for purposes of permitting a person to be a nonclient resident or caregiver specified in sub. (1) (ag) 1. a. of a day child care center or day child care provider, a violation of s. 943.201, 943.203, 943.32 (2), or 943.38 (1) or (2); a violation of s. 943.34 (1), 943.395 (1), 943.41 (3) (e), (4) (a), (5), (6), or (6m), 943.45 (1), 943.455 (2), 943.46 (2), 943.47 (2), 943.50 (1m), or 943.70 (2) (a) or (am) or (3) (a) that is a felony; or an offense under subch. IV of ch. 943 that is a felony.

Note: Inserts correct term. 2009 Wis. Act 76 included references to "day care" in these provisions. 2009 Wis. Act 185 changed "day care" to "child care" throughout the statutes without taking account of the treatment by Act 76.

SB285, s. 50 Section 50. 48.685 (6) (am) of the statutes, as affected by 2009 Wisconsin Act 76, is amended to read:

SB285,25,8 48.685 (6) (am) Except as provided in this paragraph, every 4 years an entity shall require all of its caregivers and nonclient residents to complete a background information form that is provided to the entity by the department. Every year a day child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or a day child care provider that is certified under s. 48.651 shall require all of its caregivers and nonclient residents to complete a background information form that is provided to the day child care center or day child care provider by the department.

Note: Inserts correct term. 2009 Wis. Act 76 inserted references to "day care." 2009 Wis. Act 185 changed "day care" to "child care" throughout the statutes without taking account of the treatment by Act 76.

SB285, s. 51 Section 51. 48.715 (4g) of the statutes, as created by 2009 Wisconsin Act 76, is amended to read:

SB285,25,19 48.715 (4g) (a) If a person who has been issued a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a day child care center is convicted of a serious crime, as defined in s. 48.685 (1) (c) 3m., or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the day child care center is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th birthday, the department shall revoke the license of the day child care center immediately upon providing written notice of revocation and the grounds for revocation and an explanation of the process for appealing the revocation.

SB285,26,7 (b) If a person who has been issued a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a day child care center is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in s. 48.685 (1) (c) 3m., or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the day child care center is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th birthday, the department shall immediately suspend the license of the day child care center until the department obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to be licensed to operate a day child care center.

Note: Inserts correct term. 2009 Wis. Act 76 included references to "day care" in this provision. 2009 Wis. Act 185 changed "day care" to "child care" throughout the statutes without taking account of the treatment by Act 76.

SB285, s. 52 Section 52. 49.45 (5m) (ag) of the statutes is repealed.

Note: Section 49.45 (5m) (ag) defines "critical access hospital" for purposes of s. 49.45 (5m). 2009 Wis. Act 2 removed the only references to "critical access hospital" in s. 49.45 (5m), rendering the definition superfluous.

SB285, s. 53 Section 53. The treatment of 50.39 (3) of the statutes by 2009 Wisconsin Act 113 is not repealed by 2009 Wisconsin Act 149. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 50.39 (3) reads:

(3) Facilities governed by ss. 45.50, 48.62, 49.70, 49.72, 50.02, 51.09, and 252.10, juvenile correctional facilities as defined in s. 938.02 (10p), correctional institutions governed by the department of corrections under s. 301.02, and the offices and clinics of persons licensed to treat the sick under chs. 446, 447, and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board, physical therapy examining board, podiatry affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board, and board of nursing in carrying out their statutory duties and responsibilities.

SB285, s. 54 Section 54. 66.0602 (3) (e) 8. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

SB285,27,2 66.0602 (3) (e) 8. The amount that a political subdivision levies in that year to pay the unreimbursed expenses related to an emergency declared under s. 166.03 (1) (b) 1. 323.10, including any amounts levied in that year to replenish cash reserves that were used to pay any unreimbursed expenses related to that emergency. A levy under this subdivision that relates to a particular emergency initially shall be imposed in the year in which the emergency is declared or in the following year.

Note: Corrects cross-reference. Section 166.03 (1) (b) 1. was consolidated with s. 166.03 (1) (b) (intro.) and renumbered to s. 323.10 by 2009 Wis. Act 42.

SB285, s. 55 Section 55. The treatment of 66.1103 (11) (a) of the statutes by 2009 Wisconsin Act 112 is not repealed by 2009 Wisconsin Act 173. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 66.1103 (11) (a) reads:

(a) With respect to the enforcement of any construction lien or other lien under ch. 779 arising out of the construction of projects financed under this section, no deficiency judgment or judgment for costs may be entered against the municipality or county. Projects financed under this section are not public works, public improvements or public construction within the meaning of ss. 59.52 (29), 60.47, 61.54, 62.15, 779.14, 779.15 and 779.155 and contracts for the construction of the projects are not public contracts within the meaning of ss. 59.52 (29) and 66.0901 unless factors including municipal or county control over the costs, construction and operation of the project and the beneficial ownership of the project warrant the conclusion that they are public contracts.

SB285, s. 56 Section 56. 79.05 (2) (c) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB285,27,17 79.05 (2) (c) Its municipal budget; exclusive of principal and interest on long-term debt and exclusive of revenue sharing payments under s. 66.0305, recycling fee payments under s. 289.645, unreimbursed expenses related to an emergency declared under s. 166.03 (1) (b) 1. 323.10, and expenditures from moneys received pursuant to P.L. 111-5; for the year of the statement under s. 79.015 increased over its municipal budget as adjusted under sub. (6); exclusive of principal and interest on long-term debt and exclusive of revenue sharing payments under s. 66.0305, recycling fee payments under s. 289.645, unreimbursed expenses related to an emergency declared under s. 166.03 (1) (b) 1. 323.10, and expenditures from moneys received pursuant to P.L. 111-5; for the year before that year by less than the sum of the inflation factor and the valuation factor, rounded to the nearest 0.10%.

Note: Corrects cross-reference. Section 166.03 (1) (b) 1. was consolidated with s. 166.03 (1) (b) (intro.) and renumbered to s. 323.10 by 2009 Wis. Act 42.

SB285, s. 57 Section 57. 91.40 (3) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB285,28,5 91.40 (3) A statement, signed by the county planning director or the chief elected official, certifying that the farmland preservation zoning ordinance or amendment complies with s. 91.38 (1) (f) and (g) and (h).

Note: Corrects cross-reference. Drafting records indicate that s. 91.38 (1) (f) and (g), which were created as part of the repeal and recreation of ch. 91 by 2009 Wis. Act 28 had been numbered s. 91.38 (1) (g) and (h) in a draft of that act that also contained a cross-reference to s. 91.38 (1) (g) and (h) in s. 91.40 (3). The numbering of s. 91.38 (1) (g) and (h) was subsequently changed to s. 91.38 (1) (f) and (g), but the corresponding cross-reference in s. 91.40 (3) was not.

SB285, s. 58 Section 58. 100.187 (2) (a) 2. of the statutes, as created by 2009 Wisconsin Act 169, is amended to read:

SB285,28,9 100.187 (2) (a) 2. A summary of the results of the testing performed under subd. 1. have has been submitted to the department and approved by the department.

Note: Corrects grammar.

SB285, s. 59 Section 59. 106.50 (5m) (dm) (intro.) of the statutes, as created by 2009 Wisconsin Act 95, is amended to read:

SB285,28,18 106.50 (5m) (dm) (intro.) It is not discrimination based on status as a victim of domestic abuse, sexual abuse assault, or stalking for a landlord to bring an action for eviction of a tenant based on a violation of the rental agreement or of a statute that entitles the landlord to possession of the premises, unless subd. 1. or 2. applies. A tenant has a defense to an action for eviction brought by a landlord if the tenant proves by a preponderance of the evidence that the landlord knew or should have known any of the following:

Note: Makes terminology consistent with a defined term and with usage throughout the statutes. The term defined in s. 106.50 (1m) (u), as created by 2009 Wis. Act 95, is "status as a victim of domestic abuse, sexual assault, or stalking."

SB285, s. 60 Section 60. 106.50 (5m) (dm) 1. of the statutes, as created by 2009 Wisconsin Act 95, is amended to read:

SB285,29,6 106.50 (5m) (dm) 1. That the tenant is a victim of domestic abuse, sexual abuse assault, or stalking and that the basis for the action for eviction is conduct that related to the commission of domestic abuse, sexual abuse assault, or stalking by a person who was not the invited guest of the tenant.

Note: See the previous section of this bill.

SB285, s. 61 Section 61. 106.50 (5m) (dm) 2. (intro.) of the statutes, as created by 2009 Wisconsin Act 95, is amended to read:

SB285,29,13 106.50 (5m) (dm) 2. (intro.) That the tenant is a victim of domestic abuse, sexual abuse assault, or stalking, that the basis for the action for eviction is conduct that related to the commission of domestic abuse, sexual abuse assault, or stalking by a person who was the invited guest of the tenant, and that the tenant has done one of the following:

Note: See the previous two sections of this bill.

SB285, s. 62 Section 62. The treatment of 115.395 (2) of the statutes by 2009 Wisconsin Act 58 is not repealed by 2009 Wisconsin Act 180. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 119.245 (2), as renumbered from s. 115.395 (2) by 2009 Wis. Act 58, reads:

(2) Beginning in the 2008-09 school year, the board may apply to the department for an annual grant of up to $10,000,000 to implement initiatives to improve pupil academic achievement in all grades, such as employing licensed teachers to tutor pupils who are struggling academically, or employing persons to coordinate the district's instructional programs and provide ongoing professional development for teachers. The board shall submit with its application a plan for the department's approval describing the initiatives for which the grant will be used, describing the research showing that the initiatives have a positive effect on pupil academic achievement, and including criteria for evaluating the effectiveness of the initiatives, such as high school graduation rates or the results of the statewide pupil assessments under s. 118.30.

SB285, s. 63 Section 63. 118.51 (2) of the statutes, as affected by 2009 Wisconsin Act 185, is amended to read:

SB285,30,8 118.51 (2) Applicability. A pupil may attend a public school, including a charter school, prekindergarten, or 4-year-old kindergarten, or early childhood or school-operated child care program, in a nonresident school district under this section, except that a pupil may attend a prekindergarten, 4-year-old kindergarten, or early childhood or school-operated child care program in a nonresident school district only if the pupil's resident school district offers the same type of program that the pupil wishes to attend and the pupil is eligible to attend that program in his or her resident school district.

Note: 2009 Wis. Act 185 inserted "or" without showing it as underscored. No change was intended.

SB285, s. 64 Section 64. 120.13 (14) (b) of the statutes, as created by 2009 Wisconsin Act 76, is amended to read:

SB285,30,18 120.13 (14) (b) 1. If a person who has contracted under par. (a) to provide a day child care program is convicted of a serious crime, as defined in s. 48.685 (1) (c) 3m., or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the day child care program is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th birthday, the school board shall rescind the contract of the contractor immediately upon providing written notice of the rescission and the grounds for the rescission and an explanation of the process for appealing the rescission.

SB285,31,5 2. If a person who has contracted under par. (a) to provide a day child care program is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in s. 48.685 (1) (c) 3m., or if a caregiver specified in s. 48.685 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 (1) (bm), of the day child care program is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th birthday, the school board shall immediately suspend the contract of the contractor until the school board obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to provide a day child care program under this subsection.

Note: Inserts correct term. 2009 Wis. Act 76 included references to "day care" in this provision. 2009 Wis. Act 185 changed "day care" to "child care" throughout the statutes without taking account of the treatment by Act 76.

SB285, s. 65 Section 65. 146.62 (1) (b) of the statutes is amended to read:

SB285,31,8 146.62 (1) (b) "Rural" means outside a metropolitan statistical area, as specified under 42 CFR 412.62 (f) (ii) (A).

Note: Corrects cross-reference. There is no 42 CFR 412.62 (ii) (A). 42 CFR 412.62 (f) (ii) (A) provides: "(A) A Metropolitan Statistical Area (MSA) or New England County Metropolitan Area (NECMA), as defined by the Executive Office of Management and Budget; or".

SB285, s. 66 Section 66. 157.06 (14m) (e) of the statutes is amended to read:

SB285,31,14 157.06 (14m) (e) Ensure that the hospital works cooperatively with the procurement organizations with which it has agreements with under par. (a) in educating staff on donation issues, reviewing death records to improve identification of potential donors, and maintaining potential donors while necessary testing and placement of potential donated organs, tissues, and eyes takes place.

Note: Strikes unnecessary word.

SB285, s. 67 Section 67. 166.218 of the statutes, as created by 2009 Wisconsin Act 43, is renumbered 323.72, and 323.72 (1), as renumbered, is amended to read:

SB285,32,9 323.72 (1) A regional structural collapse team shall assist in the emergency response to a structural collapse incident in a region of this state designated by the division. Whenever a regional structural collapse team assists in an emergency response under this subsection, it shall determine under the rules promulgated under sub. (5) whether an emergency requiring the team's response existed. If the regional structural collapse team determines that such an emergency existed, it shall make a good faith effort to identify the person who is required to reimburse the division under sub. (3) and shall provide that information to the division. The division shall contract with local agencies, as defined in s. 166.22 323.70 (1) (c) (b), to establish no more than 4 regional structural collapse teams. A member of a regional structural collapse team shall meet the highest standards for a structural collapse team under the National Fire Protection Association standards NFPA 1006 and 1670.

Note: Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. 2009 Wis. Act 42 renumbered all of chapter 166 to be chapter 323. Section 166.22 (1) (c) was renumbered s. 323.70 (1) (b) by Act 42.

SB285, s. 68 Section 68. 169.01 (12m) of the statutes is amended to read:

SB285,32,13 169.01 (12m) "Farm-raised game bird" means a bird of a wild nature that is not native and that is held captive, but that is not possessed under the authority of a license issued under s. 169.15, 169.19, 169.20, or 169.21.

Note: Inserts "and" to correct grammar.

SB285, s. 69 Section 69. The treatment of 185.09 of the statutes by 2009 Wisconsin Act 165 is not repealed by 2009 Wisconsin Act 177. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau s. 185.09 reads:

185.09 Promotion expense; limitation. No cooperative funds may be used, nor any stock issued, in payment of any promotion expenses in excess of 5 percent of the paid-up capital stock or membership fees. This section does not apply to a cooperative association organized under s. 185.981.

SB285, s. 70 Section 70. 224.77 (1) (o) of the statutes, as affected by 2009 Wisconsin Act 95, section 19, is amended to read:

SB285,33,5 224.77 (1) (o) In the course of practice as a mortgage banker, mortgage loan originator, or mortgage broker, except in relation to housing designed to meet the needs of elderly individuals, treat a person unequally solely because of sex, race, color, handicap, sexual orientation, as defined in s. 111.32 (13m), religion, national origin, age, or ancestry, the person's lawful source of income, or the sex, marital status, or status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1) (1m) (u), of the person maintaining a household.

Note: Corrects cross-reference. "Status as a victim of domestic abuse, sexual assault, or stalking" is defined at s. 106.50 (1m) (u). There is no s. 106.50 (1) (u).