2017 Wisconsin Act 364

Note: Deletes redundant language. Section 35.001 (intro.) reads: “As used in this chapter:”

364,6 Section 6 . 48.981 (2m) (b) 1. of the statutes is amended to read:

48.981 (2m) (b) 1. “Health care provider" means a physician, as defined under s. 448.01 (5), a physician assistant, as defined under s. 448.01 (6), or a nurse holding a certificate of registration license under s. 441.06 (1) or a license under s. 441.10.

Note: 1987 Wis. Act 264 replaced “registration” and “certificates of registration” for nurses with “licensure” and “licenses” in s. 441.06 (1). The reference in s. 48.981 (2m) (b) 1., as created by 1987 Wis. Act 27, was not changed accordingly.

364,7 Section 7 . 54.01 (13) of the statutes is amended to read:

54.01 (13) “Heir" means any person, including the surviving spouse, who is entitled under the statutes of intestate succession to an interest in property of a decedent. The state is an heir of the decedent and a person interested under s. 45.37 45.51 (10) and (11) when the decedent was a member of the Wisconsin Veterans Home at King or at the facilities operated by the department of veterans affairs under s. 45.50 at the time of the decedent's death.

Note: Section 45.37 (10) and (11), 2003 stats., were repealed and recreated as s. 45.51 (10) and (11) by 2005 Wis. Act 22, but the cross-reference in s. 54.01 (13) was not amended accordingly.

364,8 Section 8 . 62.23 (17) (a) (intro.) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

62.23 (17) (a) (intro.) Except as provided in par. (am), cities may acquire by gift, lease, purchase, or condemnation any lands (a) within its corporate limits for establishing, laying out, widening, enlarging, extending, and maintaining memorial grounds, streets, squares, parkways, boulevards, parks, playgrounds, sites for public buildings, and reservations in and about and along and leading to any or all of the same; (b) or any lands adjoining or near to such city for use, sublease, or sale for any of the following purposes:

Note: Deletes letters indicating subdivision of the provision that is inconsistent with current style.

364,9 Section 9 . 66.0421 (1) (intro.) of the statutes is created to read:

66.0421 (1) Definitions. (intro.) In this section:

Note: Adds language consistent with current style for provisions containing multiple definitions applicable in a section.

364,10 Section 10 . The treatment of 66.1105 (4) (gm) 4. c. of the statutes by 2017 Wisconsin Act 58 is not repealed by 2017 Wisconsin Act 70. Both treatments stand.

Note: There is no conflict of substance. See also the treatment of s. 66.1105 (4) (gm) 4. c. at Sections 48 and 49 of this bill.

364,11 Section 11 . The treatment of 71.07 (3wm) (b) (intro.) of the statutes by 2017 Wisconsin Act 58 is not repealed by 2017 Wisconsin Act 59. Both treatments stand.

Note: There is no conflict of substance.

364,12 Section 12 . The treatment of 71.07 (3wm) (bm) of the statutes by 2017 Wisconsin Act 58 is not repealed by 2017 Wisconsin Act 59. Both treatments stand.

Note: There is no conflict of substance.

364,13 Section 13 . The treatment of 71.07 (3wm) (d) of the statutes by 2017 Wisconsin Act 58 is not repealed by 2017 Wisconsin Act 59. Both treatments stand.

Note: There is no conflict of substance.

364,14 Section 14 . The treatment of 71.10 (4) (i) of the statutes by 2017 Wisconsin Act 58 is not repealed by 2017 Wisconsin Act 59. Both treatments stand.

Note: There is no conflict of substance.

364,15 Section 15 . The treatment of 71.26 (2) (a) 4. of the statutes by 2017 Wisconsin Act 58 is not repealed by 2017 Wisconsin Act 59. Both treatments stand.

Note: There is no conflict of substance.

364,16 Section 16 . The treatment of 71.28 (3wm) (b) (intro.) of the statutes by 2017 Wisconsin Act 58 is not repealed by 2017 Wisconsin Act 59. Both treatments stand.

Note: There is no conflict of substance.

364,17 Section 17 . The treatment of 71.28 (3wm) (bm) of the statutes by 2017 Wisconsin Act 58 is not repealed by 2017 Wisconsin Act 59. Both treatments stand.

Note: There is no conflict of substance.

364,18 Section 18 . The treatment of 71.28 (3wm) (d) of the statutes by 2017 Wisconsin Act 58 is not repealed by 2017 Wisconsin Act 59. Both treatments stand.

Note: There is no conflict of substance.

364,19 Section 19 . The treatment of 71.30 (3) (f) of the statutes by 2017 Wisconsin Act 58 is not repealed by 2017 Wisconsin Act 59. Both treatments stand.

Note: There is no conflict of substance.

364,20 Section 20 . 77.54 (14) (a) and (14m) of the statutes are amended to read:

77.54 (14) (a) Prescribed for the treatment of a human being by a person authorized to prescribe the drugs, and dispensed on prescription filled by a registered pharmacist in accordance with law.

(14m) For purposes of sub. (14), insulin furnished by a registered pharmacist to a person for treatment of diabetes as directed by a physician shall be deemed dispensed on prescription.

Note: The registration of pharmacists was eliminated by 1985 Wis. Act 146 in favor of licensure. The term “licensed pharmacist” is not regularly used in the statutes as under s. 450.03 (1), “no person may engage in the practice of pharmacy or use the title `pharmacist' . . . unless the person is licensed as a pharmacist.”

364,21 Section 21 . 104.01 (9) of the statutes is repealed.

Note: Section 104.01 (9) provides a definition of “welfare” in ch. 104. The term “welfare” is not otherwise included in ch. 104.

364,22 Section 22 . 118.40 (3o) of the statutes, as created by 2017 Wisconsin Act 30, is amended to read:

118.40 (3o) Report of the director to the department of health services. The director shall, following the 3rd school year of the operation of the charter school established under par. sub. (2x) (cm), report, in writing, to the department of health services on the operation and effectiveness of the charter school. The director shall include in the report an evaluation of the effectiveness of the charter school on long-term student recovery outcomes.

Note: There is no s. 118.40 (3o) (cm). Drafting records show that 2017 Wis. Act 30 was intended to require a written report on the operation and effectiveness of the charter school authorized by the act. The authorization of that charter school is provided for under s. 118.40 (2x) (cm).

364,23 Section 23 . 119.04 (1) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.363, 115.364, 115.365 (3), 115.367, 115.38 (2), 115.415, 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), and (39), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board but not, unless explicitly provided in this chapter or in the terms of a contract, to the commissioner or to any school transferred to an opportunity schools and partnership program.

Note: There is no s. 120.13 (39). A preliminary version of the bill enacted as 2017 Wis. Act 59 created a provision numbered s. 120.13 (39) that was removed from the bill as enacted. The cross-reference was not removed accordingly.

364,24 Section 24 . 125.27 (2) (am) of the statutes is amended to read:

125.27 (2) (am) An applicant for a permit under par. (a) shall provide proof that the vessel is certified by the U.S. coast guard, classed by the American bureau of shipping, or covered by liability insurance.

Note: Adds comma consistent with current style and to maintain parallel structure with s. 125.51 (5) (c) 1m. See Section 25 of this bill.

364,25 Section 25 . 125.51 (5) (c) 1m. of the statutes is amended to read:

125.51 (5) (c) 1m. An applicant for a permit under par. (a) subd. 1. shall provide proof that the vessel is certified by the U.S. coast guard, classed by the American bureau of shipping, or covered by liability insurance.

Note: Inserts correct cross-reference and makes structure consistent with a parallel provision, s. 125.27 (2) (am). Section 125.51 (5) (c) 1. authorizes the issuance of a “Class B" permit authorizing the sale of intoxicating liquor for consumption on any vessel. Section 125.51 (5) (a) authorizes the Department of Revenue to issue “Class B" permits to clubs that are operated solely for the playing of golf or tennis. Adds comma consistent with current style.

364,26 Section 26 . 227.116 (1r) and (2) of the statutes are amended to read:

227.116 (1r) Each proposed rule submitted to the legislative council staff under s. 227.15 that includes a requirement for a business to obtain a permit shall specify the number of business days, calculated beginning on the day a permit application is received, within which the agency will review and make a determination on a permit application.

(2) If any existing rule does not comply with sub. (1r), the agency that promulgated the rule shall submit to the legislative council staff a proposed revision of the rule that will bring the rule into compliance with sub. (1r). The legislative council staff's review of the proposed revision is limited to determining whether or not the agency has complied with this subsection.

Note: Corrects agency name.

364,27 Section 27 . 227.24 (4) of the statutes, as affected by 2017 Wisconsin Act 57, is amended to read:

227.24 (4) Public hearing. Notwithstanding sub. (1) (a) and (b) and in addition to any preliminary public hearing and comment period held under sub. (1) (e) 1d., an agency shall hold a public hearing within 45 days after it promulgates a rule under sub. (1). If within that 45-day period the agency submits to the legislative council staff under s. 227.15 a proposed rule corresponding to the rule under sub. (1), it shall hold a public hearing on both rules within 90 days after promulgation of the rule under sub. (1), or within 30 days after the agency receives the report on the proposed rule prepared by the legislative council staff under s. 227.15 (2), whichever occurs later.

Note: Corrects agency name.

364,28 Section 28 . 254.158 (2) (b) of the statutes is amended to read:

254.158 (2) (b) A nurse registered, permitted or licensed under ch. 441.

Note: 1987 Wis. Act 264 replaced “registration” and “certificates of registration” for nurses with “licensure” and “licenses” in s. 441.06 (1). There is no current provision for registration of nurses under ch. 441.

364,29 Section 29 . 340.01 (5m) of the statutes is repealed.

Note: Section 340.01 (5m) defines “bike route” in s. 23.33 and chs. 340 to 349 and 351, but the term does not appear in that section or those chapters.

364,30 Section 30 . 440.08 (2) (a) (intro.) of the statutes is amended to read:

440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04, 444.03, 444.11, 447.04 (2) (c) 2., 449.17 (1m) (d), 449.18 (2) (d) (e), 463.10, 463.12, and 463.25 and subch. II of ch. 448, the renewal dates for credentials are as follows:

Note: Inserts correct cross-reference. The cross-reference to s. 449.18 (2) (d) was inserted by 2005 Wis. Act 297, which created s. 449.18 (2) (e) and did not affect s. 449.18 (2) (d). Section 449.18 (2) (e) provides for a certificate that does not require renewal in certain situations and thus does not have a renewal date. Section 449.18 (2) (d) relates to an initial issuance fee and does not relate in any way to the renewal of a credential.

364,31 Section 31 . 440.45 (1) (title) of the statutes is repealed.

Note: The other subsections of s. 440.45 do not have titles.

364,32 Section 32 . 441.001 (1) of the statutes is renumbered 441.001 (1r).

Note: Accommodates the renumbering of s. 441.01 (1) by Section 33 of this bill.

364,33 Section 33 . 441.01 (1) of the statutes is renumbered 441.001 (1g) and amended to read:

441.001 (1g) In this subchapter, “board" Board. “Board” means the board of nursing.

Note: Moves the definition for more logical placement. Section 441.001 is a section consisting only of definitions applying to subch. I of ch. 441, including s. 441.01. A title is added consistent with the remainder of s. 441.001.

364,34 Section 34 . 441.115 (1) of the statutes is amended to read:

441.115 (1) This chapter may not be construed to affect nursing by friends, members of the family, or undergraduates in a school approved by the board, nor be construed to interfere with members of religious communities or orders having charge of hospitals or taking care of the sick in their homes, except that none of those persons may represent himself or herself as a registered, trained, certified, or graduate nurse unless registered licensed under this subchapter.

Note: 1987 Wis. Act 264 replaced “registration” and “certificates of registration” for nurses with “licensure” and “licenses” in s. 441.06 (1). There is no current provision for registration of nurses under subch. I of ch. 441.

364,35 Section 35 . The treatment of 450.11 (1) of the statutes by 2017 Wisconsin Act 18 is not repealed by 2017 Wisconsin Act 133. Both treatments stand.

Note: There is no conflict of substance.

364,36 Section 36 . The treatment of 454.23 (5) of the statutes by 2017 Wisconsin Act 81 is not repealed by 2017 Wisconsin Act 82. Both treatments stand.

Note: There is no conflict of substance.

364,37 Section 37 . 460.01 (5) of the statutes is repealed.

Note: Section 460.01 (5) provides a definition of “physician's office” in ch. 460. The term “physician's office” is not otherwise included in ch. 460.

364,38 Section 38 . 463.16 (6) of the statutes is amended to read:

463.16 (6) A village, city, or county may enact ordinances and a local board of health may adopt regulations regarding the licensees and premises for which the local health department is the designated agent under this section, which are stricter than s. 463.10 or 463.12 or rules promulgated by the department of health services safety and professional services under s. 463.10 or 463.12. No such provision may conflict with s. 463.10 or 463.12 or with department rules.

Note: Sections 463.10 and 463.12 authorize the Department of Safety and Professional Services to promulgate rules. Prior to the enactment of 2015 Wisconsin Act 55, the Department of Health Services was authorized to promulgate rules under s. 463.10 or 463.12. Act 55 changed all references to “health services” to “safety and professional services” in s. 463.16 except the one changed by this Section in s. 463.16 (6).

364,39 Section 39 . 939.22 (20s) of the statutes is repealed.

Note: Section 939.22 (20s) provides a definition of “offense related to school safety” in chs. 939 to 948 and 951. The term “offense related to school safety” is not otherwise included in those chapters.

364,40 Section 40 . The treatment of 944.31 of the statutes by 2017 Wisconsin Act 128 is not repealed by 2017 Wisconsin Act 131. Both treatments stand.

Note: There is no conflict of substance.