SB285: Bill Text

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 The treatment of 185.09 of the statutes by 2009 Wisconsin Act 165 is not repealed by 2009 Wisconsin Act 177.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:

(1) Dentists. Except as provided under sub. (3) and ss. 257.03 and 447.02 (3), no person may do any of the following unless he or she is licensed to practice dentistry under this chapter:

SB285, s. 85 Section 85. The treatment of 655.45 (1) 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. 655.45 (1) reads:

(1) For the quarter beginning on July 1, 1986, and for each quarter thereafter, the director of state courts shall file reports complying with sub. (2) with the medical examining board, the physical therapy examining board, the podiatry affiliated credentialing board, the board of nursing and the department, respectively, regarding health care providers licensed by the respective bodies.

SB285, s. 86 Section 86. The treatment of 757.05 (1) (a) of the statutes by 2009 Wisconsin Act 12 is not repealed by 2009 Wisconsin Acts 28 and 100. All treatments stand.

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

SB285, s. 87 Section 87. 767.127 (1) of the statutes is amended to read:

SB285,39,14 767.127 (1) Required disclosure. In an action affecting the family, except an action to affirm marriage under s. 767.001 (1) (a), the court shall require each party to furnish, on standard forms required by the court, full disclosure of all assets owned in full or in part by either party separately or by the parties jointly. Disclosure may be made by each party individually or by the parties jointly. Assets required to be disclosed include, but are not be limited to, real estate, savings accounts, stocks and bonds, mortgages and notes, life insurance, retirement interests, interest in a partnership, limited liability company, or corporation, tangible personal property, future interests whether vested or nonvested, and any other financial interest or source. The court shall also require each party to furnish, on the same standard form, information pertaining to all debts and liabilities of the parties. The form used shall contain a statement in conspicuous print that complete disclosure of assets and debts is required by law and deliberate failure to provide complete disclosure constitutes perjury. The court shall require each party to attach to the disclosure form a statement reflecting income earned to date for the current year and the most recent statement under s. 71.65 (1) (a) that the party has received. The court may on its own initiative and shall at the request of either party require the parties to furnish copies of all state and federal income tax returns filed by them for the past 2 years, and may require copies of those returns for prior years.

Note: Deletes word made unnecessary by 2005 Wis. Act 443.

SB285, s. 88 Section 88. 814.63 (2) of the statutes, as affected by 2009 Wisconsin Acts 28 and 100, is amended to read:

SB285,39,23 814.63 (2) Upon the disposition of a forfeiture action in circuit court for violation of a county, town, city, village, town sanitary district , or public inland lake protection and rehabilitation district ordinance, except for an action for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the county, town, city, village, town sanitary district, or public inland lake protection and rehabilitation district shall pay a nonrefundable fee of $5 to the clerk of circuit court.

Note: The underscored "or" was removed by 2009 Wis. Act 100, but its reinsertion is necessary as a result of the treatment by 2009 Wis. Act 28. The stricken comma was inserted by Act 28 but is unnecessary as a result of the treatment by Act 100.

SB285, s. 89 Section 89. 815.18 (2) (i) of the statutes is amended to read:

SB285,40,3 815.18 (2) (i) "Farm products" has the meaning given under s. 409.102 (1) (im) (ig).

Note: Corrects cross-reference. "Farm products" is defined at s. 409.102 (1) (ig). "Farming operation" is defined at s. 409.102 (1) (im).

SB285, s. 90 Section 90. 895.483 (4) of the statutes, as created by 2009 Wisconsin Act 43, is amended to read:

SB285,40,11 895.483 (4) A regional structural collapse team, a member of such a team, and a local agency, as defined in s. 166.22 323.70 (1) (c) (b), that contracts with the division of emergency management in the department of military affairs for the provision of a regional structural collapse team, are immune from civil liability for acts or omissions related to carrying out responsibilities under a contract under s. 166.218 323.72 (1).

Note: Section 166.22 (1) (c) was renumbered s. 323.70 (1) (b) by 2009 Wis. Act 42. Section 166.218 is renumbered s. 323.72 by this bill.

SB285, s. 91 Section 91. 938.02 (8p) of the statutes, as created by 2009 Wisconsin Act 94, is renumbered 938.02 (8e) and amended to read:

SB285,40,20 938.02 (8e) "Indian custodian" means an Indian person who has legal custody under tribal law or custom or under state law of an Indian juvenile who is the subject of an Indian juvenile custody proceeding, as defined in s. 938.028 (2) (b), or of an Indian juvenile in need of protection or services under s. 938.13 (4), (6), (6m), or (7) who is the subject of a temporary physical custody proceeding under ss. 939.19 938.19 to 938.21 or to whom temporary physical care, custody, and control has been transferred by the parent of that juvenile.

Note: Places definition in alphabetical order consistent with current style. Corrects cross-reference. There is no s. 939.19. Sections 938.19 to 938.21 relate to custody proceedings.

SB285, s. 92 Section 92. The treatment of 938.32 (1) (c) 1. c. of the statutes by 2009 Wisconsin Act 79 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. 938.32 (1) (c) 1. c. reads:

c. If a permanency plan has previously been prepared for the juvenile, a finding as to whether the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, including, if appropriate, through an out-of-state placement.

SB285, s. 93 Section 93. 938.32 (1) (c) 1m. of the statutes, as created by 2009 Wisconsin Act 79, is amended to read:

SB285,41,15 938.32 (1) (c) 1m. If the juvenile has one or more siblings, as defined in s. 938.38 (4) (br) 1., who have also been removed from the home, the consent decree shall include a finding as to whether the county department or agency primarily responsible for providing services to the juvenile has made reasonable efforts to place the juvenile in a placement that enables the sibling group to remain together, unless the court determines that a joint placement would be contrary to the safety or well-being of the juvenile or any of those siblings, in which case the court shall order the county department or agency to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the child juvenile and the siblings, unless the court determines that such visitation or interaction would be contrary to the safety or well-being of the juvenile or any of those siblings.

Note: Inserts correct word. The affected sentence contains no antecedent for "the child." The original subject of the sentence is "the juvenile." Chapter 938 relates to juveniles, whereas chapter 48 relates to children. Replacement of the term makes the provision consistent with multiple provisions created in chapter 938 by 2009 Wis. Act 79 that contain otherwise identical language.

SB285, s. 94 Section 94. 938.33 (4) (c) of the statutes, as affected by 2009 Wisconsin Acts 79 and 185, is amended to read:

SB285,42,11 938.33 (4) (c) Specific information showing that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile, specific information showing that the county department or the agency primarily responsible for providing services to the juvenile has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, and, if a permanency plan has previously been prepared for the juvenile, specific information showing that the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, including, if appropriate, through an out-of-state placement,.

Note: 2009 Wis. Act 185 deleted a comma where the underscored comma is inserted, but its reinsertion was made necessary by the treatment by 2009 Wis. Act 79. Act 79 inserted the stricken comma, but it was rendered unnecessary by the treatment by Act 185.

SB285, s. 95 Section 95. 938.335 (3g) (c) of the statutes, as affected by 2009 Wisconsin Acts 79 and 185, is amended to read:

SB285,42,17 938.335 (3g) (c) That, if a permanency plan has previously been prepared for the juvenile, the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, including, if appropriate, through an out-of-state placement,.

Note: 2009 Wis. Act 185 deleted a comma where the underscored comma is inserted, but its reinsertion was made necessary by the treatment by 2009 Wis. Act 79. Act 79 inserted the stricken comma, but it was rendered unnecessary by the treatment by Act 185.

SB285, s. 96 Section 96. The treatment of 938.34 (14r) (a) of the statutes by 2009 Wisconsin Act 8 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. 938.34 (14r) (a) reads:

(a) In addition to any other dispositions imposed under this section, if the juvenile is found to have violated ch. 961, the court may suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years. If a court suspends a person's operating privilege under this paragraph, the court may take possession of any suspended license. If the court takes possession of a license, it shall destroy the license. The court shall forward to the department of transportation the notice of suspension stating that the suspension or revocation is for a violation of ch. 961.

SB285, s. 97 Section 97. 938.355 (2) (b) 6. of the statutes, as affected by 2009 Wisconsin Acts 79 and 185, is amended to read:

SB285,44,3 938.355 (2) (b) 6. If the juvenile is placed outside the home, a finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile or, if the juvenile has been adjudicated delinquent and is placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d) or (4d), a finding that the juvenile's current residence will not safeguard the welfare of the juvenile or the community due to the serious nature of the act for which the juvenile was adjudicated delinquent. The court order shall also contain a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless the court finds that any of the circumstances under sub. (2d) (b) 1. to 4. applies, and, if a permanency plan has previously been prepared for the juvenile, a finding as to whether the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, including, if appropriate, through an out-of-state placement,. The court shall make the findings specified in this subdivision on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the court order. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.

Note: 2009 Wis. Act 185 deleted a comma where the underscored comma is inserted, but its reinsertion was made necessary by the treatment by 2009 Wis. Act 79. Act 79 inserted the stricken comma, but it was rendered unnecessary by the treatment by Act 185.

SB285, s. 98 Section 98. 938.357 (2m) (am) 1. of the statutes, as created by 2009 Wisconsin Act 94, is amended to read: