SB285: Bill Text

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 The treatment of 66.1103 (11) (a) of the statutes by 2009 Wisconsin Act 112 is not repealed by 2009 Wisconsin Act 173.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).

SB285, s. 71 Section 71. 231.35 (1) (d) of the statutes is amended to read:

SB285,33,9 231.35 (1) (d) "Rural" means outside a metropolitan statistical area specified under 42 CFR 412.62 (f) (ii) (A) or in a city, village , or town with a population of not more than 14,000.

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. 72 Section 72. 287.17 (10) (j) of the statutes, as created by 2009 Wisconsin Act 50, is amended to read:

SB285,33,19 287.17 (10) (j) Audits. The department may perform or contract for the performance of an audit of the activities of a registered collector or registered recycler. If the department performs or contracts for the performance of an audit of a collector or recycler during the first 3 years in which the collector or recycler is registered under sub. (7) or (8) (a), the collector or recycler shall pay 25 percent of the cost of the audit. If the department performs or contracts for the performance of an audit of a collector or recycler after the first 3 years in which the collector or recycler is registered, the collector or recycler shall pay 50 percent of the cost of the audit.

Note: Inserts missing word.

SB285, s. 73 Section 73. 287.95 (1) of the statutes, as affected by 2009 Wisconsin Acts 50 and 86, is amended to read:

SB285,34,4 287.95 (1) Any person who violates s. 287.07 (1m) or, (4m), or (5) may be required to forfeit $50 for a first violation, may be required to forfeit $200 for a 2nd violation and may be required to forfeit not more than $2,000 for a 3rd or subsequent violation.

Note: Corrects punctuation required by the merger of the treatments by Acts 50 and 86.

SB285, s. 74 Section 74. 321.66 (1) (a) 2. of the statutes, as created by 2009 Wisconsin Act 56, is amended to read:

SB285,34,15 321.66 (1) (a) 2. An operation to provide disaster relief or humanitarian services, when requested by the federal emergency management agency; the first air force of the U.S. air force; the Civil Air Patrol national operations center; the governor; the adjutant general; the governing body, chief or acting chief executive officer, or head of emergency management services of any county, city, village, town, or federally recognized American Indian tribe or band in this state; or, in the case of a public health emergency, as defined in s. 166.02 (7) 323.02 (16), the department of health services, if that department is designated by the governor under s. 166.03 (1) (b) 1. 323.10, or a local health department acting under s. 251.05 (3) (e).

Note: Corrects cross-references. Section 166.02 (7) was renumbered to s. 323.02 (16) by 2009 Wis. Act 42. Section 166.03 (1) (b) 1. was consolidated with s. 166.03 (1) (b) (intro.) and renumbered to s. 323.10 by Act 42.

SB285, s. 75 Section 75. 343.23 (2) (b) of the statutes, as affected by 2009 Wisconsin Act 100, section 15, is amended to read:

SB285,35,13 343.23 (2) (b) The information specified in pars. (a) and (am) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled, or withheld, or the person disqualified, in the interest of public safety. The record of suspensions, revocations, and convictions that would be counted under s. 343.307 (2) shall be maintained permanently. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f), (j), and (L), and all records specified in par. (am), shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension.

Note: The underscored comma was deleted by 2009 Wis. Act 100 without being shown as stricken. No change was intended.

SB285, s. 76 Section 76. The treatment of 343.315 (3) (b) of the statutes by 2009 Wisconsin Act 28 is not repealed by 2009 Wisconsin Act 103. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 343.315 (3) (b) reads:

(b) If a person's license or operating privilege is not otherwise revoked or suspended as the result of an offense committed after March 31, 1992, which results in disqualification under sub. (2) (a) to (f), (h) to (j), or (L), the department shall immediately disqualify the person from operating a commercial motor vehicle for the period required under sub. (2) (a) to (f), (h) to (j), or (L). Upon proper application by the person and payment of the fees specified in s. 343.21 (1) (L) and (n), the department may issue a separate license authorizing only the operation of vehicles other than commercial motor vehicles.

SB285, s. 77 Section 77. The treatment of 343.38 (2) of the statutes by 2009 Wisconsin Act 100 is not repealed by 2009 Wisconsin Act 103. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 343.38 (2) reads:

(2) Reinstatement of nonresident's operating privilege. A nonresident's operating privilege revoked or suspended under the laws of this state is reinstated as a matter of law when the period of revocation or suspension has expired and the nonresident pays the fees specified in s. 343.21 (1) (j), (jr), if applicable, and (n).

SB285, s. 78 Section 78. 343.44 (2) (am) of the statutes is repealed.

Note: Repeals obsolete provision. This provision provides a penalty for violations of s. 343.44 (1) (b) that occurred before May 1, 2002. The criminal statute of limitations has now run on any violation committed prior to May 1, 2002.

SB285, s. 79 Section 79. 343.44 (2) (b) (intro.) of the statutes is amended to read:

SB285,36,7 343.44 (2) (b) (intro.) Except as provided in pars. (am) and par. (as), any person who violates sub. (1) (b) or (d) shall be fined not more than $2,500 or imprisoned for not more than one year in the county jail or both. In imposing a sentence under this paragraph, or a local ordinance in conformity with this paragraph, the court shall review the record and consider the following:

Note: Section 343.44 (2) (am) is repealed by the previous section of this bill.

SB285, s. 80 Section 80. 345.47 (1) (c) of the statutes, as affected by 2009 Wisconsin Acts 100 and 103, is amended to read:

SB285,36,20 345.47 (1) (c) If a court suspends an operating privilege under this section, the court may take possession of the suspended license. If the court takes possession of a license, it shall destroy the license. The court shall forward to the department the notice of suspension, which shall clearly state that the suspension was for failure to pay a forfeiture, plus costs, fees, and surcharges imposed under ch. 814 or for failure to comply with an installment payment plan ordered by the court. The notice of suspension shall be forwarded to the department within 48 hours after the order of suspension. If the forfeiture, plus costs, fees, and surcharges imposed under ch. 814, are paid during a period of suspension, or if the court orders an installment payment plan under sub. (4), the court shall immediately notify the department. , (jr), if applicable,

Note: The stricken language was inserted by 2009 Wis. Act 100 but rendered superfluous by 2009 Wis. Act 103.

SB285, s. 81 Section 81. The treatment of 346.65 (2c) of the statutes by 2009 Wisconsin Act 100 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. 346.65 (2c) reads:

(2c) In sub. (2) (am) 2., 3., 4., 4m., 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., 4m., 5., 6., and 7.

SB285, s. 82 Section 82. The treatment of 440.08 (2) (a) (intro.) of the statutes by 2009 Wisconsin Act 130 is not repealed by 2009 Wisconsin Act 174. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 440.08 (2) (a) (intro.) reads:

(a) Except as provided in par. (b) and in ss. 440.51, 442.04, 444.03, 444.11, 447.04 (2) (c) 2., 448.065, 449.17 (1m) (d), and 449.18 (2) (d), the renewal dates for credentials are as follows:

SB285, s. 83 Section 83. 444.11 of the statutes, as affected by 2009 Wisconsin Act 111, is amended to read:

SB285,37,15 444.11 Licenses to matchmakers, referees, contestants, etc. The department may grant licenses upon application and the payment of the prescribed fees to matchmakers, managers, referees, boxers, mixed martial arts fighters, seconds, and trainers in professional contests and amateur mixed martial arts fighting contests. The fees to be paid per year shall be: Matchmakers and managers, $10; referees and judges, $15; examining physicians, $10; boxers, $40 and mixed martial arts fighters, $40; seconds, $40; and timekeepers, $10. The department may limit, suspend, or revoke any license granted under this section or reprimand the licensee upon such cause as it deems sufficient.

Note: Places dollar figure in correct location.

SB285, s. 84 Section 84. The treatment of 447.03 (1) (intro.) of the statutes by 2009 Wisconsin Act 10 is not repealed by 2009 Wisconsin Act 42. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 447.03 (1) (intro.) reads: