SB287: Bill Text

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 Section 341.135 (2) was repealed by 2009 Wis.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.

Note: Inserts missing word and deletes incorrect comma.

SB287, s. 60 Section 60. 814.63 (1) (c) of the statutes, as affected by 2009 Wisconsin Acts 12, 28 and 100, is amended to read:

SB287,22,6 814.63 (1) (c) This subsection does not apply to an action for a violation of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2), for a violation under s. 343.51 (1m) (b), or for a safety belt use violation under s. 347.48 (2m).

Note: Adds "for" for internal consistency.

SB287, s. 61 Section 61. The treatments of 895.48 (1m) (a) (intro.) of the statutes by 2009 Wisconsin Acts 113 and 302 are not repealed by 2009 Wisconsin Act 355. All treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 895.48 (1m) (a) (intro.) reads:

(a) Except as provided in par. (b), any physician, physician assistant, podiatrist, or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical technician licensed under s. 256.15, first responder certified under s. 256.15 (8), registered nurse licensed under ch. 441, or a massage therapist or bodywork therapist licensed under ch. 460 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a public agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:

SB287, s. 62 Section 62. The treatment of 895.48 (1m) (a) 2. of the statutes by 2009 Wisconsin Act 113 is not repealed by 2009 Wisconsin Act 355. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 895.48 (1m) (a) 2. reads as follows.

2. The physician, podiatrist, athletic trainer, chiropractor, dentist, emergency medical technician, first responder, physician assistant, registered nurse, massage therapist or bodywork therapist does not receive compensation for the health care, other than reimbursement for expenses.

SB287, s. 63 Section 63. The treatment of 938.371 (1) (a) 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. 938.371 (1) (a) reads:

(a) Results of an HIV test, as defined in s. 252.01 (2m), of the juvenile as provided under s. 252.15 (3m) (d) 15., including results included in a court report or permanency plan. At the time that the test results are provided, the agency shall notify the foster parent, relative, or operator of the group home, residential care center for children and youth, or juvenile correctional facility of the confidentiality requirements under s. 252.15 (6).

SB287, s. 64 Section 64. 938.396 (1) (c) 3. (intro.) of the statutes, as affected by 2009 Wisconsin Acts 302 and 309, is amended to read:

SB287,23,13 938.396 (1) (c) 3. (intro.) At the request of a school district administrator, administrator of a private school, or administrator of a tribal school, or designee of a school district administrator, private school administrator, or tribal school administrator, or on its own initiative, a law enforcement agency may, subject to official agency policy, provide to the school district administrator, private school administrator, or tribal school administrator or designee, for use as provided in s. 118.127, any information in its records relating to any of the following if the official agency policy specifies that the information may not be provided to an administrator of a tribal school or a tribal school administrator's designee unless the governing body of the tribal school agrees that the information will be used by the tribal school as provided in s. 118.127 (2):

Note: 2009 Wis. Act 302 inserted the cross-reference to s. 118.127 (2), but 2009 Wis. Act 309 renumbered s. 118.127 (2) to s. 118.127 and changed the previously existing cross-reference in this provision from s. 118.127 (2) to s. 118.127.

SB287, s. 65 Section 65. 2009 Wisconsin Act 190, section 37, is amended by replacing "critical access hospitals," with "critical access hospitals,".

Note: A comma was inserted without being shown as underscored. The change was intended.

SB287, s. 66 Section 66. 2009 Wisconsin Act 200, section 10m, is amended by replacing "a water heaters heater," with " a water heaters heater,".

Note: "A" was inserted without being underscored. The change was intended.

SB287, s. 67 Section 67. 2009 Wisconsin Act 203, section 5, is amended by replacing "or within the applicable time under sub. (1) or (2), whichever is latest" with "or within the applicable time under sub. (1) or (2), whichever is latest".

Note: Language was inserted without being underscored. The change was intended.

SB287, s. 68 Section 68. 2009 Wisconsin Act 209, section 33, is amended by replacing "home health agency, or inpatient" with "home health agency or inpatient".

Note: Removes unnecessary inserted comma from stricken material.

SB287, s. 69 Section 69. 2009 Wisconsin Act 209, section 106, is amended by replacing "252.15 (5g) (intro.) and (a) of the statutes are created to read:" with "252.15 (5g) (intro.) and (a) (intro.) of the statutes are created to read:".

Note: 2009 Wis. Act 209, section 106, created only s. 252.15 (5g) (a) (intro.) and not the subsequent subdivisions.

SB287, s. 70 Section 70. 2009 Wisconsin Act 258, section 1, is amended by replacing "owned by the individual," with "owned by the individual,".

Note: A comma was inserted without being underscored. The change was intended.

SB287, s. 71 Section 71. 2009 Wisconsin Act 302, section 18, is amended by replacing "secondary schools, including" with "secondary schools, including" in 2 places.

Note: Commas were inserted without being shown as underscored. The change was intended.

SB287, s. 72 Section 72. 2009 Wisconsin Act 302, section 27, is amended by replacing "45.20 (2) (a) 1., (c) 1. and (d) 1. of the statutes are amended to read:" with "45.20 (2) (a) 1., (c) 1. and (d) 1. (intro.) of the statutes are amended to read:".

Note: Section 45.20 (2) (d) 1. (intro.), and not the remainder of 45.20 (2) (d) 1., is treated by 2009 Wis. Act 302.

SB287, s. 73 Section 73. 2009 Wisconsin Act 302, section 70, is amended by replacing "district or, private" with "district or, private".

Note: A comma was shown as both stricken and underscored. The underscore was intended.

SB287, s. 74 Section 74. 2009 Wisconsin Act 321, section 153, is amended by replacing "individual," with "individual,".

Note: A comma was inserted without being underscored. The change was intended.

SB287, s. 75 Section 75. 2009 Wisconsin Act 334, section 25, is amended by replacing ""Treatment services"" with ""Treatment services"".

Note: A quotation mark was added without being underscored. The change was intended.

SB287, s. 76 Section 76. 2009 Wisconsin Act 334, section 33, is amended by replacing "systems of care," and "agencies agency," with "systems of care," and "agencies agency,".

Note: Two commas were inserted without being underscored. The change was intended.

SB287, s. 77 Section 77. 2009 Wisconsin Act 334, section 52, is amended by replacing "115, 118, or 938" with "115, 118, or 938".

Note: A comma was added without being underscored. The change was intended.

SB287, s. 78 Section 78. 2009 Wisconsin Act 355, section 16, is amended by replacing "B.W," with "B.W.,".

Note: A period was deleted without being stricken. The change was unintended.

SB287, s. 79 Section 79. 2009 Wisconsin Act 367, section 10, is amended by replacing "in subd. 2." with "in subd. 2.".

Note: An existing period was underscored. No change was intended.

SB287, s. 80 Section 80 . Renumbering and cross-reference changes under s. 13.92 (1) (bm) 2., stats. Each statute listed in column A is renumbered to the statute number in column B, and cross-references to the renumbered statute are changed in the statutes listed in column C to agree with the renumbered statute, under section 13.92 (1) (bm) 2. of the statutes:

SB287,26,8 Note: Confirms renumbering and corresponding cross-reference changes under s. 13.92 (1) (bm) 2. - See PDF for table

SB287, s. 81 Section 81 . Corrections of obvious typographical errors under s. 35.17, stats. In the sections of the statutes listed in Column A, the text shown in Column B was changed to the text shown in column C to correct obvious typographical errors under s. 35.17 of the statutes:

SB287,34,12 Note: Confirms the correction of obvious typographical errors in the statutes under s. 35.17. The affected statutes are printed in the 2009-10 printed volumes as corrected. - See PDF for table

SB287, s. 82 Section 82. Effective dates. This act takes effect on the day after publication, except as follows:

SB287,37,6 (1) The amendment of section 13.41 (1) (a) (intro.) and (2) (a) (intro.) of the statutes takes effect on the day after the secretary of state notifies the legislature that an amendment to the Wisconsin Constitution has been approved that requires the legislature to provide for temporary succession to the powers and duties of public offices for the period of an emergency resulting from a cause other than an enemy action, or on the day after publication, whichever is later.

SB287,37,7 (End)