AB845: Bill Text

AB845,36 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 The treatment of 454.23 (5) of the statutes by 2017 Wisconsin Act 81 is not repealed by 2017 Wisconsin Act 82.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.

AB845,37 Section 37. 460.01 (5) of the statutes is repealed.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.

AB845,38 Section 38. 463.16 (6) of the statutes is amended to read:

AB845,10,12 463.16 (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).

AB845,39 Section 39. 939.22 (20s) of the statutes is repealed.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.

AB845,40 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 The treatment of 944.31 of the statutes by 2017 Wisconsin Act 128 is not repealed by 2017 Wisconsin Act 131.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.

AB845,41 Section 41. 961.23 (2) of the statutes, as affected by 2017 Wisconsin Act 25, is amended to read:

AB845,11,6 961.23 (2) They may be sold at retail only by a registered pharmacist or, if the substance is a pseudoephedrine product, by a person who is working under the direction of a registered pharmacist when sold in a retail establishment. This subsection does not apply to a substance governed by s. 961.38 (4) (b).

Note: Pharmacists are licensed, not registered. The registration of pharmacists was eliminated by 1985 Wis. Act 146. 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.”

AB845,42 Section 42. 961.23 (4) (b) of the statutes, as created by 2017 Wisconsin Act 98, is amended to read:

AB845,11,20 961.23 (4) (b) Any person purchasing such a substance that is a pseudoephedrine product shall, at the time of purchase, present to the seller that person's correct name, address, and an identification card containing the person's photograph. The seller shall record the name, date of birth, and address of the purchaser; the name and quantity measured in grams of pseudoephedrine contained in the product purchased; the date and time purchased; the purchaser identification type and number, such as driver's license state and number; and the name of the seller or, if the pseudoephedrine product is being sold by a person who is not a registered pharmacist, the name of the pharmacist supervising the seller. The purchaser shall sign the record of the transaction. The giving of a false name or false address by the purchaser shall be prima facie evidence of a violation of s. 961.43 (1) (a).

Note: Pharmacists are licensed, not registered. The registration of pharmacists was eliminated by 1985 Wis. Act 146. 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.”

AB845,43 Section 43. The treatment of 961.443 (1) (b) of the statutes by 2017 Wisconsin Act 12 is not repealed by 2017 Wisconsin Act 33. Both treatments stand.

Note: There is no conflict of substance.

AB845,44 Section 44. 990.01 (16) of the statutes is repealed.

Note: Section 990.01 (16) defines “insane persons” wherever it is used in the statutes. The repeal of s. 885.16 effective July 1, 2017, removed the only use of the term in the statutes.

AB845,45 Section 45. 2017 Wisconsin Act 57, section 31 is amended by replacing “227.19 (5) (fm) of the statutes is amended” with “227.19 (5) (fm) (title) of the statutes is amended”.

Note: Except for the title, the text of s. 227.19 (5) (fm) was not affected by 2017 Wis. Act 57.

AB845,46 Section 46. 2017 Wisconsin Act 59, section 1602d is amended by replacing “119.23 (2) (a) 1. d. of the statutes is amended” with “119.23 (2) (a) 1. d. of the statutes, as affected by 2017 Wisconsin Act 36, is amended”.

Note: The amended text included changes made by 2017 Wis. Act 36.

AB845,47 Section 47. 2017 Wisconsin Act 86, section 2 is amended by replacing “1.10 (4) of the statutes is amended” with “1.10 (4) of the statutes, as affected by 2017 Wisconsin Act 8, is amended”.

Note: The amended text included changes made by 2017 Wis. Act 8.

AB845,48 Section 48 . Renumbering and cross-reference changes under s. 13.92 (1) (bm) 2., stats. Each statute listed in column A was renumbered to the statute number in column B, and cross-references to the renumbered statute were changed in the statutes listed in column C to agree with the renumbered statute, under s. 13.92 (1) (bm) 2. of the statutes:

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

AB845,49 Section 49 . Corrections of obvious nonsubstantive errors under s. 35.17 (2), 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 nonsubstantive errors under s. 35.17 (2) of the statutes:

Note: Confirms correction of obvious nonsubstantive errors in the statutes under s. 35.17 (2). - See PDF for table

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