SB287: Bill Text

SB287, s. 32 Section 32. The treatment of 118.125 (2) (n) of the statutes by 2009 Wisconsin Act 302 is not repealed by 2009 Wisconsin Act 309. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 118.125 (2) (n) (intro.) and 1., as renumbered and amended from s. 118.125 (2) (n) by 2009 Wis. Act 309, read:

(n) For any purpose concerning the juvenile justice system and the system's ability to effectively serve a pupil, prior to adjudication:

1. A school board may disclose pupil records to a city attorney, corporation counsel, agency, as defined in s. 938.78 (1), intake worker under s. 48.067 or 938.067, court of record, municipal court, private school, or another school board if disclosure is pursuant to an interagency agreement and the person to whom the records are disclosed certifies in writing that the records will not be disclosed to any other person except as otherwise authorized by law. For the purpose of providing services to a pupil before adjudication, a school board may disclose pupil records to a tribal school if disclosure is pursuant to an agreement between the school board and the governing body of the tribal school and if the school board determines that enforceable protections are provided by a tribal school policy or tribal law that requires the tribal school official to whom the records are disclosed not to disclose the records to any other person except as permitted under this subsection.

SB287, s. 33 Section 33. The treatment of 118.29 (2) (a) 3. of the statutes by 2009 Wisconsin Act 160 is not repealed by 2009 Wisconsin Act 302. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective March 1, 2011, s. 118.29 (2) (a) 3. reads:

3. Subject to sub. (4m), is immune from civil liability for his or her acts or omissions in administering a nonprescription drug product or prescription drug to a pupil under subd. 1., 2., 2m., or 2r. unless the act is in violation of sub. (6) or the act or omission constitutes a high degree of negligence. This subdivision does not apply to health care professionals.

SB287, s. 34 Section 34. The treatment of 118.29 (2) (b) of the statutes by 2009 Wisconsin Act 160 is not repealed by 2009 Wisconsin Act 302. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective March 1, 2011, s. 118.29 (2) (b) reads:

(b) Subject to sub. (4m), any school district administrator, county children with disabilities education board administrator, cooperative educational service agency administrator, public, private, or tribal school principal, or private or tribal school administrator who authorizes an employee or volunteer to administer a nonprescription drug product or prescription drug to a pupil under par. (a) is immune from civil liability for the act of authorization unless it constitutes a high degree of negligence or the administrator or principal authorizes a person who has not received the required training under sub. (6) to administer a nonprescription drug product or prescription drug to a pupil.

SB287, s. 35 Section 35. The treatments of 120.13 (2) (g) of the statutes by 2009 Wisconsin Acts 14, 28, 146 and 218 are not repealed by 2009 Wisconsin Act 346. All treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 120.13 (2) (g) reads:

(g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.87 (4), (5), and (6), 632.885, 632.89, 632.895 (9) to (17), 632.896, and 767.513 (4).

SB287, s. 36 Section 36. 138.14 (14) (g) of the statutes, as created by 2009 Wisconsin Act 405, is amended to read:

SB287,13,11 138.14 (14) (g) The division shall, by order or rule, stipulate the period for which data is to be retained in the database only as required to ensure licensee compliance with this act section or for enforcement or compliance purposes. The division may require that any identifying customer information be deleted from the database when data is archived. The division may maintain access to archived data for future legislative or policy review.

Note: Inserts correct cross-reference.

SB287, s. 37 Section 37. 165.755 (1) (b) of the statutes, as affected by 2009 Wisconsin Acts 12, 28 and 100, is amended to read:

SB287,13,18 165.755 (1) (b) A court may not impose the crime laboratories and drug law enforcement surcharge under par. (a) 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 a state law or municipal or county ordinance involving a nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).

Note: Inserts a necessary comma.

SB287, s. 38 Section 38. 179.046 (title) of the statutes is created to read:

SB287,14,2 179.046 (title) Change of registered office or agent.

Note: Section 179.046 was created without a title by 2009 Wis. Act 237.

SB287, s. 39 Section 39. The treatments of 185.983 (1) (intro.) of the statutes by 2009 Wisconsin Acts 14, 28, 146, 165 and 218 are not repealed by 2009 Wisconsin Act 346. All treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 185.983 (1) (intro.) reads:

(1) Every voluntary nonprofit health care plan operated by a cooperative association organized under s. 185.981 shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85, 632.853, 632.855, 632.87 (2), (2m), (3), (4), (5), and (6), 632.885, 632.89, 632.895 (5) and (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but the sponsoring association shall:

SB287, s. 40 Section 40. 193.221 (1) (b) of the statutes is amended to read:

SB287,14,9 193.221 (1) (b) The articles may be amended as restated articles using the procedure under par. (a). If restated articles are adopted, the restated articles supercede supersede all prior articles and amendments to the articles.

Note: Makes spelling consistent with the remainder of the statutes.

SB287, s. 41 Section 41. 196.027 (2) (e) 3. of the statutes is amended to read:

SB287,14,14 196.027 (2) (e) 3. An application by an energy utility for a financing order and commission approval of a financing order are in addition to and do not replace or supercede supersede any other review or approval by the commission under this chapter that may be required or allowed for environmental control activities.

Note: Makes spelling consistent with the remainder of the statutes.

SB287, s. 42 Section 42. The treatment of 252.15 (2) (a) 7. a. of the statutes by 2009 Wisconsin Act 209 is not repealed by 2009 Wisconsin Act 302. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 252.15 (5g) (a) 1. to 5., as renumbered and amended from s. 252.15 (2) (a) 7. a. by 2009 Wis. Act 209, read:

1. The person is an emergency medical technician; first responder; fire fighter; peace officer; correctional officer; person who is employed at a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g); state patrol officer; jailer, keeper of a jail, or person designated with custodial authority by the jailer or keeper and the contact occurred during the course of the person providing care or services to the individual.

2. The person is a peace officer, correctional officer, state patrol officer, jailer, or keeper of a jail, or person designated with custodial authority by the jailer or keeper and the contact occurred while the person was searching or arresting the individual or while controlling or transferring the individual in custody.

3. The person is a health care provider or an employee of a health care provider and the contact occurred during the course of the person providing care or treatment to the individual or handling or processing specimens of body fluids or tissues of the individual.

4. The person is a staff member of a state crime laboratory and the contact occurred during the course of the person handling or processing specimens of body fluids or tissues of the individual.

5. The person is a social worker or an employee of a school district, cooperative educational service agency, charter school, private school, tribal school, as defined in s. 115.001 (15m), the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, or the Wisconsin Center for the Blind and Visually Impaired and the contact occurred while the person was performing employment duties involving the individual.

SB287, s. 43 Section 43. The treatment of 252.15 (5) (a) 19. of the statutes by 2009 Wisconsin Act 28 is not repealed by 2009 Wisconsin Act 209. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 252.15 (3m) (d) 15., as renumbered from s. 252.15 (5) (a) 19. by 2009 Wis. Act 209, reads:

15. If the subject of the HIV test is a child who has been placed in a foster home, group home, residential care center for children and youth, or juvenile correctional facility, as defined in s. 938.02 (10p), including a placement under s. 48.205, 48.21, 938.205, or 938.21, or for whom placement in a foster home, group home, residential care center for children and youth, or juvenile correctional facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the child, or to an agency that placed the child or arranged for the placement of the child in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or arranged for the placement of the child in any of those placements, to the child's foster parent or the operator of the group home, residential care center for children and youth, or juvenile correctional facility in which the child is placed, as provided in s. 48.371 or 938.371.

SB287, s. 44 Section 44. 252.15 (5m) (d) 2. of the statutes, as created by 2009 Wisconsin Act 209, is amended to read:

SB287,16,6 252.15 (5m) (d) 2. A physician, physician assistant, or advanced practice nurse prescriber, based on information provided to the physician, physician assistant, or advanced practice nurse prescriber, determines and certifies in writing that the contact under subd. 1. constitutes a significant exposure. A health care provider who as has a contact under par. (d) subd. 1. c. may not make the certification under this subdivision for himself or herself.

Note: Inserts correct word and corrects form of citation.

SB287, s. 45 Section 45. 253.115 (8) of the statutes, as created by 2009 Wisconsin Act 279, is amended to read:

SB287,16,13 253.115 (8) Confidentiality. Except as provided under pars. sub. (7) (a) 3. and (b), no information obtained under this section from the parents or legal guardian may be disclosed except for use in statistical data compiled by the department without reference to the identity of any individual and except as provided in s. 146.82 (2).

Note: Inserts correct cross-reference.

SB287, s. 46 Section 46. 299.80 (9) (b) of the statutes is amended to read:

SB287,16,17 299.80 (9) (b) A provision of an approval that is identified under sub. (3) (b) as being replaced by a cooperative agreement is superceded superseded by the cooperative agreement.

Note: Makes spelling consistent with the remainder of the statutes.

SB287, s. 47 Section 47. The treatment of 301.12 (14) (a) of the statutes by 2009 Wisconsin Act 28 is not repealed by 2009 Wisconsin Act 218. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 301.12 (14) (a) reads:

(a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age in residential, nonmedical facilities such as group homes, foster homes, residential care centers for children and youth, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17, unless the liable person has prevented payment by any act or omission.

SB287, s. 48 Section 48. 302.46 (1) (a) of the statutes, as affected by 2009 Wisconsin Acts 12, 28 and 100, is amended to read:

SB287,17,12 302.46 (1) (a) If 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), the court, in addition, shall impose a jail surcharge under ch. 814 in an amount of 1 percent of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge in proportion to the suspension.

Note: Inserts a necessary comma.

SB287, s. 49 Section 49. 323.51 (1) (title) of the statutes, as affected by 2009 Wisconsin Act 42, section 124, and 2009 Wisconsin Act 363, section 5, is amended to read:

SB287,17,16 323.51 (1) (title) Designation and use of a emergency temporary location by the governor.

Note: "Emergency" was deleted in the 2009 Wis. Act 42 treatment without being shown as stricken. The change was intended.

SB287, s. 50 Section 50. 341.14 (6m) (d) 3. of the statutes, as created by 2009 Wisconsin Act 195, is amended to read:

SB287,18,6 341.14 (6m) (d) 3. Notwithstanding subd. 2., upon receiving any application for renewal of registration of a vehicle for which special plates have been issued under this subsection, if the applicant identifies himself or herself in the application as a member or former member of a Wisconsin national guard unit identified by the department of military affairs under subd. 5. and if the department is required under s. 341.135 (2) to issue new registration plates for the vehicle, the department shall provide to the applicant, to be affixed to one of these plates, a decal described in subd. 1. and instructions for placement of the decal on the plate.

Note: Corrects cross-reference. Section 341.135 (2) was repealed by 2009 Wis. Act 28 and the portion relevant to s. 341.14 (6m) (d) 3., as created by 2009 Wis. Act 195, was added to s. 341.135, as consolidated and renumbered from s. 341.135 (1) and (2m) and amended by Act 28.

SB287, s. 51 Section 51. The treatments of 341.14 (6r) (b) 1. of the statutes by 2009 Wisconsin Acts 159 and 224 are not repealed by 2009 Wisconsin Act 226. All treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 341.14 (6r) (b) 1. reads as follows. The cross-references to par. (f) 61r. and par. (f) 61m. were changed from cross-references to par. (f) 61. by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 341.14 (6r) (f) 61., as created by 2009 Wis. Act 226, to s. 341.14 (6r) (f) 61r. and of s. 341.14 (6r) (f) 61., as created by 2009 Wis. Act 224, to 341.14 (6r) (f) 61m. See also section 80 of this bill.

1. Subject to subd. 1m., upon application to register an automobile or motor home, or a motor truck, dual purpose motor home or dual purpose farm truck which has a gross weight of not more than 8,000 pounds, or a farm truck which has a gross weight of not more than 12,000 pounds, by any person who is a resident of this state and a member of an authorized special group, the department shall issue to the person special plates whose colors and design shall indicate that the vehicle is owned by a person who is a member of the applicable special group. The department may not issue any special group plates under par. (f) 55., 60., or 61r. until 6 months after the department has received information sufficient for the department to determine that any approvals required for use of any logo, trademark, trade name or other commercial symbol designating the professional football team or professional baseball team or associated with Harley-Davidson, Inc., have been obtained. Subject to sub. (9) (d), the department may not issue any special group plates under par. (f) 61m. until the department has received information sufficient for the department to determine that any license or other approval required for use of any logo, trademark or service mark, trade name or other commercial symbol to be used on or in association with these plates has been obtained. Notwithstanding s. 341.12 (2), if the department of corrections does not have flat-plate technology available for use in manufacturing license plates at quality and cost comparable to that available from the state of Minnesota, the department of transportation may not issue any special group plates under par. (f) 59. unless the department of transportation purchases the plates from the state of Minnesota. Sections 16.70, 16.71, 16.72, 16.75, 16.752 to 16.755, 16.765, 16.77, and 16.82 do not apply to purchases of plates issued under par. (f) 59. from the state of Minnesota.

SB287, s. 52 Section 52. The treatments of 341.14 (6r) (fm) 7. of the statutes by 2009 Wisconsin Acts 159, 224 and 226 are not repealed by 2009 Wisconsin Act 230. All treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau s. 341.14 (6r) (fm) 7., effective June 1, 2011, reads as follows. The cross-references to par. (f) 61r. and par. (f) 61m. were changed from cross-references to par. (f) 61. by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 341.14 (6r) (f) 61., as created by 2009 Wis. Act 226, to s. 341.14 (6r) (f) 61r. and of s. 341.14 (6r) (f) 61., as created by 2009 Wis. Act 224, to 341.14 (6r) (f) 61m. See also section 80 of this bill.

7. After October 1, 1998, additional authorized special groups may only be special groups designated by the department under this paragraph. The authorized special groups enumerated in par. (f) shall be limited solely to those special groups specified under par. (f) on October 1, 1998. This subdivision does not apply to the special groups specified under par. (f) 3m., 6m., 9g., 9m., 12g., 12m.,15m., 19m., 49d., 49h., 49s., 54., 55., 55m., 56., 57., 58., 59., 60., 61., 61m., and 61r.

SB287, s. 53 Section 53. The treatment of 343.06 (1) (c) of the statutes by 2009 Wisconsin Act 28 is not repealed by 2009 Wisconsin Act 302. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 343.06 (1) (c) reads:

(c) To any person under age 18 unless the person is enrolled in a school program or high school equivalency program and is not a habitual truant as defined in s. 118.16 (1) (a), has graduated from high school or been granted a declaration of high school graduation equivalency, or is enrolled in a home-based private educational program, as defined in s. 115.001 (3g), and has satisfactorily completed a course in driver education in public schools approved by the department of public instruction, or in technical colleges approved by the technical college system board, or in nonpublic and private schools or tribal schools, as defined in s. 115.001 (15m), that meet the minimum standards set by the department of public instruction, or has satisfactorily completed a substantially equivalent course in driver training approved by the department and given by a school licensed by the department under s. 343.61, or has satisfactorily completed a substantially equivalent course in driver education or training approved by another state and has attained the age of 16, except as provided in s. 343.07 (1g). The department shall not issue a license to any person under the age of 18 authorizing the operation of "Class M" vehicles unless the person has successfully completed a basic rider course approved by the department. The department may, by rule, exempt certain persons from the basic rider course requirement of this paragraph. Applicants for a license under s. 343.08 or 343.135 are exempt from the driver education, basic rider or driver training course requirement. The secretary shall prescribe rules for licensing of schools and instructors to qualify under this paragraph. The driver education course shall be made available to every eligible student in the state. Except as provided under s. 343.16 (1) (bm) and (c) and (2) (cm) to (e), no operator's license may be issued unless a driver's examination has been administered by the department.

SB287, s. 54 Section 54. 346.915 (3) of the statutes, as created by 2009 Wisconsin Act 255, is amended to read:

SB287,20,8 346.915 (3) The operator of any vehicle that is not a snowplow and that approaches from the rear any snowplow that is engaged in highway winter maintenance snow and ice removal, as described in sub. (1), and is using lamps described in s. 347.26 (7) and that is stopped at an intersection shall stop not less than 20 feet from the snowplow and remain stopped until the snowplow resumes motion.

Note: Adds "and" in 2 places to correct grammar.

SB287, s. 55 Section 55. 440.314 (1) of the statutes, as created by 2009 Wisconsin Act 282, is amended to read:

SB287,20,16 440.314 (1) The department may promulgate rules necessary to administer this subchapter, including rules of conduct by behavior analysts and by holders of temporary permits under sub. (2). Except as provided in subs. (2) , and (3), and (4), any rules regarding the practice of behavior analysis shall be consistent with standards established by the Behavior Analyst Certification Board, Inc., or its successor organization.

Note: There is no s. 440.314 (4).

SB287, s. 56 Section 56. 448.015 (4) of the statutes, as affected by 2009 Wisconsin Acts 280 and 382, is renumbered 448.015 (4) (am), and 448.015 (4) (am) 2., as renumbered, is amended to read:

SB287,20,21 448.015 (4) (am) 2. Any act by a physician or physician assistant in violation of ch. 450 or 961.

SB287,20,23 (bm) "Unprofessional conduct" does not include providing expedited partner therapy as described in s. 448.035.

Note: 2009 Wisconsin Act 280 added to s. 448.015 (4) the language in the paragraph numbered (bm) by this provision. 2009 Wis. Act 382 subdivided s. 448.015 (4) into multiple paragraphs without taking into account the treatment by Act 280. Section 448.015 (4) is renumbered and reorganized by this provision to accommodate the language added by Act 280 within the structure created by Act 382.

SB287, s. 57 Section 57. 450.01 (23) (c) of the statutes is amended to read:

SB287,21,3 450.01 (23) (c) The distribution of prescription drug samples, if the distribution is permitted under 21 CFR USC 353 (d).

Note: Inserts correct cross-reference. There is no 21 CFR 353 (d). The distribution of drug samples is regulated under 21 USC 353 (d).

SB287, s. 58 Section 58. 460.10 (1) (a) of the statutes, as affected by 2009 Wisconsin Act 355, section 43, is amended to read:

SB287,21,10 460.10 (1) (a) Requirements and procedures for a license holder to complete continuing education programs or courses of study to qualify for renewal of his or her license. The rules promulgated under this paragraph may not require a license holder to complete more than 24 hours of continuing education program programs or courses of study in order to qualify for renewal of his or her license.

Note: Replaces the singular with the plural for internal consistency.

SB287, s. 59 Section 59. 628.347 (3) (b) 1. of the statutes, as affected by 2009 Wisconsin Act 343, is amended to read:

SB287,21,18 628.347 (3) (b) 1. Nothing in this subsection restricts an insurer from contracting for the performance of a function required under par. (a), including maintenance of procedures. An insurer is responsible for taking appropriate corrective action and may be subject to, sanctions and penalties under subs. (5) and (6), regardless of whether the insurer contracts for the performance of a function and regardless of the insurer's compliance with subd. 2.