AB561: Bill Text

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 145.20 (5) (am) reads:

(am) Each governmental unit responsible for the regulation of private on-site wastewater treatment systems shall adopt and begin the administration of the program established under par. (a) before October 1, 2019. As part of adopting and administering the program, the governmental unit shall conduct and maintain an inventory of all the private on-site wastewater treatment systems located in the governmental unit and shall complete the initial inventory before October 1, 2017. In order to be eligible for grant funding under s. 145.245, a governmental unit must comply with these deadlines.

AB561,60 Section 60. The treatment of 146.40 (2m) of the statutes by 2011 Wisconsin Act 120 is not repealed by 2011 Wisconsin Act 126. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 146.40 (2m) reads:

(2m) A nursing home or intermediate care facility for persons with an intellectual disability, whether or not the nursing home or intermediate care facility is a certified provider of medical assistance, may not employ or contract for the services of an individual as a feeding assistant, regardless of the title under which the individual is employed or contracted for, unless the individual has successfully completed a state-approved training and testing program, as specified by the department by rule. Any relevant education, training, instruction, or other experience that an individual has obtained in connection with any military service, as defined in s. 111.32 (12g), counts toward satisfying the requirement to complete the state-approved training program under this subsection, if the individual or the nursing home or intermediate care facility demonstrates to the satisfaction of the department that the education, training, instruction, or other experience obtained by the individual is substantially equivalent to the state-approved training program.

AB561,61 Section 61. 182.017 (7) (intro.) and (a) of the statutes are renumbered 182.017 (7) (ag) and (ar).

Note: Section 182.017 (7) (intro.) is not constructed as an introduction under current style and is not introductory to the remainder of the paragraphs in the subsection.

AB561,62 Section 62. 218.0142 (10) of the statutes is amended to read:

AB561,21,4 218.0142 (10) All transactions which that constitute consumer transactions (, as defined under s. 421.301 (13)), are subject to chs. 421 to 427, in addition to ss. 218.0101 to 218.0163.

Note: Conforms provision to current style.

AB561,63 Section 63. 227.135 (2) of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

AB561,21,18 227.135 (2) An agency that has prepared a statement of the scope of the proposed rule shall present the statement to the governor and to the individual or body with policy-making powers over the subject matter of the proposed rule for approval. The agency may not send the statement to the legislative reference bureau for publication under sub. (3) until the governor issues a written notice of approval of the statement. The individual or body with policy-making powers may not approve the statement until at least 10 days after publication of the statement under sub. (3). No state employee or official may perform any activity in connection with the drafting of a proposed rule except for an activity necessary to prepare the statement of the scope of the proposed rule until the governor and the individual or body with policy-making powers over the subject matter of the proposed rule approves approve the statement.

Note: Corrects grammar.

AB561,64 Section 64. 227.24 (1) (e) 1d. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB561,22,9 227.24 (1) (e) 1d. Prepare a statement of the scope of the proposed emergency rule as provided in s. 227.135 (1), obtain approval of the statement as provided in s. 227.135 (2), and send the statement to the legislative reference bureau for publication in the register as provided in s. 227.135 (3). If the agency changes the scope of a proposed emergency rule as described in s. 227.135 (4), the agency shall prepare and obtain approval of a revised statement of the scope of the proposed emergency rule as provided in s. 227.135 (4). No state employee or official may perform any activity in connection with the drafting of a proposed emergency rule except for an activity necessary to prepare the statement of the scope of the proposed emergency rule until the governor and the individual or body with policy-making powers over the subject matter of the proposed emergency rule approves approve the statement.

Note: Corrects grammar.

AB561,65 Section 65. 227.41 (5) (d) 2. of the statutes, as created by 2011 Wisconsin Act 68, is amended to read:

AB561,22,20 227.41 (5) (d) 2. If the department determines that it does not have sufficient facts from which to issue a declaratory ruling, the department may deny the petition. If the department determines that it has sufficient facts from which to issue a declaratory ruling, the department shall issue a ruling on the merits of the petition no later than 180 days after the determination, unless the deadline is extended by written agreement of all parties. The ruling may deny the petition on the grounds that the petition is frivolous, a justiciable controversy does not exist, the ruling would not provide guidance on matters of general applicability, or that the ruling would substitute for other procedures available to the parties for resolution of the dispute.

Note: Inserts a missing word.

AB561,66 Section 66. The treatment of 230.03 (3) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 229. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 230.03 (3) reads:

(3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 231, 232, 233, 234, 237, 238, or 279. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

AB561,67 Section 67. The treatment of 252.23 (4) (a) of the statutes by 2011 Wisconsin Act 120 is not repealed by 2011 Wisconsin Act 209. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 252.23 (4) (a) reads:

(a) Except as provided in ss. 250.041 and 252.241 and subject to sub. (4m), standards and procedures, including fee payment to offset the cost of licensing tattooists and tattoo establishments, for the annual issuance of licenses as tattooists or as tattoo establishments to applicants under this section. The department may not promulgate a rule that imposes a fee for a license under sub. (3) on an individual who is eligible for the veterans fee waiver program under s. 45.44.

AB561,68 Section 68. The treatment of 252.24 (4) (a) of the statutes by 2011 Wisconsin Act 120 is not repealed by 2011 Wisconsin Act 209. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau s. 252.24 (4) (a) reads:

(a) Except as provided in ss. 250.041 and 252.241 and subject to sub. (4m), standards and procedures, including fee payment to offset the cost of licensing body piercers and body-piercing establishments, for the annual issuance of licenses as body piercers or as body-piercing establishments to applicants under this section. The department may not promulgate a rule under which the department may charge an individual who is eligible for the veterans fee waiver program under s. 45.44 a fee to obtain a license under sub. (3).

AB561,69 Section 69. The treatment of 280.15 (2m) (a) of the statutes by 2011 Wisconsin Act 150 is not repealed by 2011 Wisconsin Act 209. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective April 1, 2015, s. 280.15 (2m) (a) reads:

(a) Application. An individual who seeks a driller or pump installer license shall apply to the department on a form prepared by the department. The individual shall include the fee specified in par. (c) with the application, except that an individual who is eligible for the veterans fee waiver program under s. 45.44 is not required to pay the fee.

AB561,70 Section 70. 340.01 (35) of the statutes, as affected by 2011 Wisconsin Acts 208 and 265, is amended to read:

AB561,24,8 340.01 (35) "Motor vehicle" means a vehicle, including a combination of 2 or more vehicles or an articulated vehicle, which is self-propelled, except a vehicle operated exclusively on a rail. "Motor vehicle" includes, without limitation, a commercial motor vehicle or a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated on rails. A snowmobile, an all-terrain vehicle, and a utility terrain vehicle, and an electric personal assistive mobility device shall be considered motor vehicles only for purposes made specifically applicable by statute.

Note: Deletes unnecessary "and."

AB561,71 Section 71. The treatments of 343.17 (3) (a) 2. of the statutes by 2011 Wisconsin Acts 23 and 32 are not repealed by 2011 Wisconsin Act 241. All treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 343.17 (3) (a) 2. reads:

2. A photograph of the person, unless the exception under s. 343.14 (3m) applies.

AB561,72 Section 72. 343.44 (2) (b) (intro.) of the statutes, as affected by 2011 Wisconsin Acts 113 and 258, is amended to read:

AB561,24,15 343.44 (2) (b) (intro.) par. In imposing a sentence under par. (ar) or (br), the court shall review the record and consider the following:

Note: The stricken "par." was inserted by 2011 Wis. Act 258 but rendered surplusage by the treatment by 2011 Wis. Act 113.

AB561,73 Section 73. The treatments of 348.25 (3) of the statutes by 2011 Wisconsin Acts 55 and 56 are not repealed by 2011 Wisconsin Act 58. All treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau s. 348.25 (3) reads:

(3) The department shall prescribe forms for applications for all single trip permits the granting of which is authorized by s. 348.26 (2) to (7) and for those annual, consecutive month or multiple trip permits the granting of which is authorized by s. 348.27 (2) and (4) to (15). The department shall prescribe an electronic application process for permits the granting of which is authorized by ss. 348.26 (8) and 348.27 (17). The department shall prescribe an electronic application process for permits the granting of which is authorized by s. 348.27 (16). The department shall prescribe an electronic application process for permits the granting of which is authorized by s. 348.27 (18). The department may impose such reasonable conditions prerequisite to the granting of any permit authorized by s. 348.26 or 348.27 and adopt such reasonable rules for the operation of a permittee thereunder as it deems necessary for the safety of travel and protection of the highways. The department may limit use of the highways under any permit issued to specified hours of the day or days of the week. Local officials granting permits may impose such additional reasonable conditions as they deem necessary in view of local conditions.

AB561,74 Section 74. 348.25 (8) (b) 3. (intro.) of the statutes, as affected by 2011 Wisconsin Acts 55 and 56, is amended to read:

AB561,25,5 348.25 (8) (b) 3. (intro.) Except as provided in subd. subds. 4. subd. and 4m., for a vehicle or combination of vehicles, the weight of which exceeds any of the provisions of s. 348.15 (3):

Note: Inserts word required by the merger of the treatments of this provision by 2011 Wis. Acts 55 and 56. See also Section 114 of this bill.

AB561,75 Section 75. 348.25 (8) (d) of the statutes, as affected by 2011 Wisconsin Acts 55 and 56, is amended to read:

AB561,25,11 348.25 (8) (d) For the purpose of computing the fees under this subsection, if the vehicle or combination of vehicles exceeds weight limitations, no fee in addition to the fee under par. (a) 3. or 4., (b) 3. or, 4., or 4m., or (bm) shall be charged if the vehicle also exceeds length, width or height limitations or any combination thereof.

Note: Inserts comma and deletes "or" made necessary by the merger of the treatments of this provision by 2011 Wis. Acts 55 and 56. See also Section 114 of this bill.

AB561,76 Section 76. The treatments of 348.27 (1) of the statutes by 2011 Wisconsin Acts 55 and 56 are not repealed by 2011 Wisconsin Act 58. All treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau s. 348.27 (1) reads:

(1) Applications. All applications for annual, consecutive month or multiple trip permits for the movement of oversize or overweight vehicles or loads shall be made to the officer or agency designated by this section as having authority to issue the particular permit desired for use of the particular highway in question. All applications under subs. (2) and (4) to (15) shall be made upon forms prescribed by the department. All applications under sub. (16) shall be made utilizing an electronic process prescribed by the department. All applications under sub. (17) shall be made utilizing an electronic process prescribed by the department. All applications under sub. (18) shall be made utilizing an electronic process prescribed by the department.

AB561,77 Section 77. 454.08 (2) (a) of the statutes, as affected by 2011 Wisconsin Acts 146 and 190, is amended to read:

AB561,26,5 454.08 (2) (a) A barbering cosmetology establishment license that authorizes the practice of barbering, cosmetology, aesthetics, electrology, and manicuring in the licensed establishment.

Note: The stricken "barbering" was inserted by 2011 Wis. Act 146 but rendered surplusage by the treatment by 2011 Wis. Act 190.

AB561,78 Section 78. 454.08 (4) of the statutes, as affected by 2011 Wisconsin Act 193, is amended to read:

AB561,26,18 454.08 (4) The examining board shall, by rule, establish minimum standards concerning the maintenance, equipment, plans, and specifications for licensed establishments as they relate to the public health and safety. The examining board may not promulgate a rule requiring the use of a tuberculocidal disinfectant by a manager of, or a barber or cosmetologist in, an establishment licensed under this section. The examining board may not license an establishment under this section unless it meets the standards established by the examining board. A person proposing to open an establishment in a new location shall apply to the examining board for an inspection and approval of the establishment, submitting an exact description and floor plan of the proposed location of the establishment on a form provided by the department.

Note: Inserts commas for improved readability.

AB561,79 Section 79. The treatment of 709.02 (2) (intro.) of the statutes by 2011 Wisconsin Act 107 is not repealed by 2011 Wisconsin Act 203. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 709.02 (2) (intro.) reads:

(2) In regard to a transfer of a condominium unit, if the owner is required under s. 709.01 to provide the information under sub. (1), the owner shall furnish, in addition to and at the same time as the information required under sub. (1), all the following information as an addendum to the report under s. 709.03 or 709.033:

AB561,80 Section 80. The treatment of 814.04 (intro.) of the statutes by 2011 Wisconsin Act 118 is not repealed by 2011 Wisconsin Act 219. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 814.04 (intro.) reads:

814.04 Items of costs. Except as provided in ss. 93.20, 100.195 (5m) (b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 767.553 (4) (d), 769.313, 802.05, 814.245, 895.035 (4), 895.044, 895.443 (3), 895.444 (2), 895.445 (3), 895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3), when allowed costs shall be as follows:

AB561,81 Section 81. The treatment of 895.525 (2) of the statutes by 2011 Wisconsin Act 199 is not repealed by 2011 Wisconsin Act 208. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 895.525 (2) reads:

(2) Definition. In this section, "recreational activity" means any activity undertaken for the purpose of exercise, relaxation or pleasure, including practice or instruction in any such activity. "Recreational activity" does not include participating in a snow sport at a ski area, as those terms are defined in s. 167.33, but includes hunting, fishing, trapping, camping, bowling, billiards, picnicking, exploring caves, nature study, dancing, bicycling, horseback riding, horseshoe-pitching, bird-watching, motorcycling, operating an all-terrain vehicle or utility terrain vehicle, ballooning, curling, throwing darts, hang gliding, hiking, sleigh riding, snowmobiling, skating, participation in water sports, weight and fitness training, sight-seeing, rock-climbing, cutting or removing wood, climbing observation towers, animal training, harvesting the products of nature, sport shooting, and participating in a snow sport outside a ski area, as those terms are defined in s. 167.33, and any other sport, game or educational activity.

AB561,82 Section 82. 911.01 (4) (c) of the statutes, as affected by 2011 Wisconsin Acts 38 and 257, is amended to read:

AB561,28,2 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, granting or revoking probation, modification of a bifurcated sentence under s. 302.113 (9g), or adjustment of a bifurcated sentence under s. 973.195 (1r) or 973.198; issuance of subpoenas or warrants under s. 968.375, arrest warrants, criminal summonses, and search warrants; hearings under s. 980.09 (2); proceedings under s. 971.14 (1r) (c); proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or as otherwise provided in ch. 969; or proceedings under s. 165.76 (6) to compel provision of a biological specimen for deoxyribonucleic acid analysis.

Note: Inserts conjunction to correct list structure.

AB561,83 Section 83. The treatment of 938.33 (4) (c) of the statutes by 2011 Wisconsin Act 181 is not repealed by 2011 Wisconsin Act 258. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 938.33 (4) (c) reads:

(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 permanency goal of the juvenile's permanency plan, including, if appropriate, through an out-of-state placement.

AB561,84 Section 84. The treatment of 938.335 (3g) (c) of the statutes by 2011 Wisconsin Act 181 is not repealed by 2011 Wisconsin Act 258. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 938.335 (3g) (c) reads:

(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 permanency goal of the juvenile's permanency plan, including, if appropriate, through an out-of-state placement.

AB561,85 Section 85. The treatment of 938.355 (2) (b) 6. of the statutes by 2011 Wisconsin Act 181 is not repealed by 2011 Wisconsin Act 258. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 938.355 (2) (b) 6. reads:

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 permanency 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.

AB561,86 Section 86. The treatment of 938.365 (2m) (a) 1. of the statutes by 2011 Wisconsin Act 181 is not repealed by 2011 Wisconsin Act 258. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 938.365 (2m) (a) 1. reads:

1. Any party may present evidence relevant to the issue of extension. If the juvenile is placed outside of his or her home, the person or agency primarily responsible for providing services to the juvenile shall present as evidence specific information showing that the person or agency has made reasonable efforts to achieve the permanency goal of the juvenile's permanency plan, including, if appropriate, through an out-of-state placement. If an Indian juvenile is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the person or agency primarily responsible for providing services to the Indian juvenile shall also present as evidence specific information showing that active efforts under s. 938.028 (4) (d) 2. have been made to prevent the breakup of the Indian juvenile's family and that those efforts have proved unsuccessful.

AB561,87 Section 87. The treatment of 938.365 (2m) (a) 1m. of the statutes by 2011 Wisconsin Act 181 is not repealed by 2011 Wisconsin Act 258. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 938.365 (2m) (a) 1m. reads:

1m. The court shall make findings of fact and conclusions of law based on the evidence. The findings of fact shall include a finding as to whether reasonable efforts were made by the person or agency primarily responsible for providing services to the juvenile to achieve the permanency goal of the juvenile's permanency plan, including, if appropriate, through an out-of-state placement. If the juvenile is an Indian juvenile who is placed outside the home of his or her parent or Indian custodian under s. 938.13 (4), (6), (6m), or (7), the findings of fact shall also include a finding that active efforts under s. 938.028 (4) (d) 2. were made to prevent the breakup of the Indian juvenile's family and that those efforts have proved unsuccessful. An order shall be issued under s. 938.355.

AB561,88 Section 88. 938.38 (4m) (title) of the statutes, as affected by 2011 Wisconsin Acts 181 and 258, is amended to read:

AB561,29,8 938.38 (4m) (title) Reasonable efforts not required; permanency plan determination hearing.

Note: 2011 Wis. Act 258 repealed and recreated all of s. 938.38 (4m), including the title as it previously existed. 2011 Wis. Act 181 amended the title to remove "plan." This section gives effect to the Act 181 treatment.

AB561,89 Section 89. The treatment of 938.38 (5) (c) 7. of the statutes by 2011 Wisconsin Act 181 is not repealed by 2011 Wisconsin Act 258. Both treatments stand.