2009 Wisconsin Act 276

Note: Deletes a letter that was inadvertently not stricken by 2007 Act 20.

276,77 Section 77. 447.04 (1) (b) 2. of the statutes, as created by 2007 Wisconsin Act 104, is amended to read:

447.04 (1) (b) 2. Submits evidence satisfactory to the examining board that the person has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education qualified to provide such instruction. The examining board shall consult with the department of health and family services to determine whether an individual, organization, or institution of higher education is qualified to provide instruction under this subdivision.

Note: 2007 Wis. Act 20, section 9121 (6) (a) directed that wherever "health and family services" appeared in the statutes, as affected by the acts of 2007, it be replaced with "health services."

276,78 Section 78. 448.65 (2) (a) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

448.65 (2) (a) The renewal fee determined by the department under s. 440.03 (9) (a).

Note: Inserts missing "s."

276,79 Section 79. 450.095 (2) 1., 2. and 3. of the statutes, as created by 2009 Wisconsin Act 28, are renumbered 450.095 (2) (a), (b) and (c).

Note: Conforms numbering to current style.

276,80 Section 80. 560.139 (4) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

560.139 (4) Origination fee. The department may charge the recipient of a grant or loan under sub. (1) (a), (2), or (3) an origination fee of not more than 2 percent of the grant or loan amount if the grant or loan equals or exceeds $100,000. The department shall deposit all origination fees collected under this subsection into the appropriation account under s. 20.143 (1) (gm).

Note: Section 560.139 (2) and (3) were repealed by 2009 Wis. Act 28.

276,81 Section 81. 560.205 (2) of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read:

560.205 (2) Early stage seed investment tax credits. The department shall implement a program to certify investment fund managers for purposes of ss. 71.07 (5b), 71.28 (5b),, 71.47 (5b), and 76.638. An investment fund manager desiring certification shall submit an application to the department. The investment fund manager shall specify in the application the investment amount that the manager wishes to raise and the department may certify the manager and determine the amount that qualifies for purposes of ss. 71.07 (5b), 71.28 (5b), 71.47 (5b), and 76.638. In determining whether to certify an investment fund manager, the department shall consider the investment fund manager's experience in managing venture capital funds, the past performance of investment funds managed by the applicant, the expected level of investment in the investment fund to be managed by the applicant, and any other relevant factors. The department may certify only investment fund managers that commit to consider placing investments in businesses certified under sub. (1).

Note: Deletes unnecessary comma.

276,82 Section 82. 560.205 (3) (a) of the statutes is amended to read:

560.205 (3) (a) List of certified businesses and investment fund managers. The department shall maintain a list of businesses certified under sub. (1) and investment fund managers certified under sub. (2) and shall permit public access to the lists through the department's Internet website Web site.

Note: Corrects spelling.

276,83 Section 83. 560.208 of the statutes, as created by 2009 Wisconsin Act 28, is renumbered 560.2085.

Note: Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. 2009 Wis. Act 2 also created a provision numbered s. 560.208.

276,84 Section 84. 560.304 of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

560.304 Forward innovation fund. The department may award a grant or make a loan to an eligible recipient from the appropriations under s. 20.143 (1) (fi), (gm), and (io). The department shall consult with the board prior to awarding a grant or making a loan under this section.

Note: Inserts missing comma.

276,85 Section 85. 632.835 (2) (bg) 2. of the statutes is amended to read:

632.835 (2) (bg) 2. The insurer includes on its explanation of benefits form a statement that the insured may have a right to an independent review after the internal grievance process and that an insured may be entitled to expedited independent review with respect to an urgent matter. The statement shall also include a reference to the section of the policy or certificate that contains the description of the independent review procedure as required under subd. 1. The statement shall provide a toll-free telephone number and website Web site, if appropriate, where consumers may obtain additional information regarding internal grievance and independent review processes.

Note: Corrects spelling.

276,86 Section 86. 632.835 (2) (bg) 3. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

632.835 (2) (bg) 3. For any coverage denial determination for which an explanation of benefits is not provided to the insured, the insurer provides a notice that the insured may have a right to an independent review after the internal grievance process and that an insured may be entitled to expedited, independent review with respect to an urgent matter. The notice shall also include a reference to the section of the policy or certificate that contains the description of the independent review procedure as required under subd. 1. The notice shall provide a toll-free telephone number and website Web site, if appropriate, where consumers may obtain additional information regarding internal grievance and independent review processes.

Note: Corrects spelling.

276,87 Section 87. The treatment of 757.05 (1) (a) of the statutes by 2009 Wisconsin Act 12 is not repealed by 2009 Wisconsin Act 28. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau under s. 13.92 (2) (i), effective 7-5-10, s. 757.05 (1) (a) reads:

(a) Whenever 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 first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, 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), there shall be imposed in addition a penalty surcharge under ch. 814 in an amount of 26 percent of the fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced in proportion to the suspension.

276,88 Section 88. 801.17 (3) (c) of the statutes is amended to read:

801.17 (3) (c) Users shall register through the electronic filing system website Web site by executing a user agreement governing the terms of use of the electronic filing system. To register, users must have the capability to produce, file, and receive electronic documents meeting the technical requirements of the electronic filing system. By registering, users agree to electronically file all documents to the extent the electronic filing system can accept them.

Note: Corrects spelling.

276,89 Section 89. 801.17 (5) (a) of the statutes is amended to read:

801.17 (5) (a) If the clerk of court accepts an initiating document for filing, the clerk of court shall assign a case number and authenticate the document as provided in sub. (10). The electronic filing system shall send a notice to the filer that the filing has been accepted and is available through the electronic filing system website Web site.

Note: Corrects spelling.

276,90 Section 90. 801.17 (11) (b) of the statutes is amended to read:

801.17 (11) (b) Notaries public who hold valid appointments under ch. 137 may register with the electronic filing system for authorization to notarize electronically filed documents. To register, notaries must be able to meet the technical requirements of the electronic filing system. Upon receipt of a properly executed notary agreement, the electronic filing system shall assign to the notary a confidential electronic signature and seal. The notary signature and seal shall be used only by the notary to whom it is assigned. Upon learning that the confidentiality of the signature and seal have been inadvertently or improperly disclosed, the notary shall immediately report that fact through the electronic filing system website Web site.

Note: Corrects spelling.

276,91 Section 91. 803.01 (3) (b) 2. and 3. of the statutes are amended to read:

803.01 (3) (b) 2. When the plaintiff is a minor 14 years of age or over, the guardian ad litem shall be appointed upon the plaintiff's application or upon the state's application under s. 767.407 (1) (c); or if the plaintiff is under that age or is adjudicated incompetent or alleged to be incompetent, upon application of the plaintiff's guardian or of a relative or friend or upon application of the state under s. 767.407 (1) (c). If the application is made by a relative, a friend, or the state, notice thereof must first be given to the guardian if the plaintiff has one in this state; if the plaintiff has none, then to the person with whom the minor or individual adjudicated incompetent resides or who has the minor or individual adjudicated incompetent in custody.

3. When the defendant is a minor 14 years of age or over, the guardian ad litem shall be appointed upon the defendant's application made within 20 days after the service of the summons or other original process; if the defendant is under that age or neglects to so apply or is adjudicated incompetent or alleged to be incompetent, then upon the court's own motion or upon the application of any other party or any relative or friend or the defendant's guardian upon such notice of the application as the court directs or approves.

Note: Prior to the repeal and recreation of s. 803.01 by Supreme Court Order, 67 Wis. 2d 585, 638 (1975), an introductory provision supplied a verb for what became s. 803.01 (3) (b) 2. and 3. after the repeal and recreation. The repeal and recreation left subds. 2. and 3. without a verb, which is restored by this bill. This change is made at the request of the Supreme Court.

276,92 Section 92. Subchapter III (title) of chapter 809 [precedes 809.30] of the statutes, as affected by 2009 Wisconsin Act 26, is amended to read:

chapter 809

SUBCHAPTER III
APPEAL PROCEDURE IN COURT OF
APPEALS IN S. 971.17 PROCEEDINGS
AND IN CRIMINAL AND CH. 48, 51,
55,, 938, AND 980 CASES

Note: Deletes unnecessary comma.

276,93 Section 93. 809.30 (title) of the statutes, as affected by 2009 Wisconsin Act 26, is amended to read:

809.30 (title) Rule (Appeals in s. 971.17 proceedings and in criminal, ch. 48, 51, 55,, 938, and 980 cases).

Note: Deletes unnecessary comma.

276,94 Section 94. 809.30 (1) (a) of the statutes, as affected by 2009 Wisconsin Act 26, is amended to read:

809.30 (1) (a) "Final adjudication" means the entry of a final judgment or order by the circuit court in a s. 971.17 proceeding, in a criminal case, or in a ch. 48, 51, 55,, 938, or 980 case, other than a termination of parental rights case under s. 48.43 or a parental consent to abortion case under s. 48.375 (7).

Note: Deletes unnecessary comma.

276,95 Section 95. 809.30 (1) (e) of the statutes, as affected by 2009 Wisconsin Act 26, is amended to read:

809.30 (1) (e) "Prosecutor" means a district attorney, corporation counsel, or other attorney authorized by law to represent the state in a criminal case, a proceeding under s. 971.17, or a case under ch. 48, 51, 55,, 938, or 980.

Note: Deletes unnecessary comma.

276,96 Section 96. 846.35 (6) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

846.35 (6) Penalties. If a plaintiff fails to provide a notice under par. sub. (1) (a) in accordance with pars. sub. (1) (a) and (b), or fails to comply with sub. (5), the court shall award the tenant to whom the notice should have been given or who should not have been named as a defendant $250 in damages, plus reasonable attorney fees. A tenant may not recover under this paragraph for more than one notice violation.

Note: Inserts a missing word and corrects cross-references. Section 846.35 (6) was renumbered from s. 846.35 (1) (c) by 2009 Wis. Act 28, but the cross-references were not adjusted accordingly.

276,97 Section 97. 895.04 (2) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

895.04 (2) If the deceased leaves surviving a spouse or domestic partner under ch.770, and domestic partner under s. 770.05, and minor children under 18 years of age with whose support the deceased was legally charged, the court before whom the action is pending, or if no action is pending, any court of record, in recognition of the duty and responsibility of a parent to support minor children, shall determine the amount, if any, to be set aside for the protection of such children after considering the age of such children, the amount involved, the capacity and integrity of the surviving spouse or surviving domestic partner, and any other facts or information it may have or receive, and such amount may be impressed by creation of an appropriate lien in favor of such children or otherwise protected as circumstances may warrant, but such amount shall not be in excess of 50% of the net amount received after deduction of costs of collection. If there are no such surviving minor children, the amount recovered shall belong and be paid to the spouse or domestic partner of the deceased; if no spouse or domestic partner survives, to the deceased's lineal heirs as determined by s. 852.01; if no lineal heirs survive, to the deceased's brothers and sisters. If any such relative dies before judgment in the action, the relative next in order shall be entitled to recover for the wrongful death. A surviving nonresident alien spouse or a nonresident alien domestic partner under ch. 770 and minor children shall be entitled to the benefits of this section. In cases subject to s. 102.29 this subsection shall apply only to the surviving spouse's or surviving domestic partner's interest in the amount recovered. If the amount allocated to any child under this subsection is less than $10,000, s. 807.10 may be applied. Every settlement in wrongful death cases in which the deceased leaves minor children under 18 years of age shall be void unless approved by a court of record authorized to act hereunder.

Note: Deletes redundant provision. Drafting records show the stricken language was to be replaced by "or domestic partner under ch.770," but was inadvertently retained.

276,98 Section 98. 939.22 (8) of the statutes is renumbered 939.22 (9r).

Note: Places definition in alphabetical order.

276,99 Section 99. 949.06 (1m) (a) of the statutes, as affected by 2009 Wisconsin Act 28, section 3359, is amended to read:

949.06 (1m) (a) In this subsection, "family member" means any spouse, domestic partner under s. 770.05 ch. 770, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, foster child, brother, sister, half brother, half sister, aunt, uncle, nephew, niece, or parent or sibling of spouse or of a domestic partner under ch. 770.

Note: 2009 Wis. Act 28, section 3359, amended s. 949.06 (1m) (a), as affected by 2009 Wis. Act 28, section 3358. Section 3358 inserted the phrase "domestic partner under ch. 770." Section 3359 changed "ch. 770" to "s. 770.05" without strikes and and scores. No change was intended.

276,100 Section 100. 971.23 (9) (b) of the statutes is amended to read:

971.23 (9) (b) Notwithstanding sub. (1) (e) or (2m) (am), if either party intends to submit deoxyribonucleic acid profile evidence at a trial to prove or disprove the identity of a person, the party seeking to introduce the evidence shall notify the other party of the intent to introduce the evidence in writing by mail at least 45 days before the date set for trial; and shall provide the other party, within 15 days of request, the material identified under sub. (1) (e), or par. (2m) (am), whichever is appropriate, that relates to the evidence.

Note: Corrects citation form. Deletes unnecessary comma.

276,101 Section 101. 985.01 (1m) of the statutes is amended to read:

985.01 (1m) "Insertion," when used to indicate the publication of a legal notice more than one time, means once each week for consecutive weeks, the last of which shall be at least one week before the act or event, unless otherwise specified by law.

Note: Inserts missing comma.

276,102 Section 102. 2009 Wisconsin Act 1, section 4 is amended by replacing "governor may," with "governor may,".

Note: The comma was previously existing.

276,103 Section 103. 2009 Wisconsin Act 2, section 416 is amended by replacing "sale of tangible personal property and items" with "sale of tangible personal property, and items".

Note: A comma was deleted without being shown as stricken. The change was intended.

276,104 Section 104. 2009 Wisconsin Act 2, section 709 is amended by replacing "loan originator, or mortgage broker" with "loan originator or mortgage broker".

Note: An underscored comma was erroneously inserted in stricken text.

276,105 Section 105. 2009 Wisconsin Act 11, sections 21, 31 and 41 are amended by replacing "a percentage, as determined by the department of commerce, not to exceed 100 percent, of" with "a percentage, as determined by the department of commerce, not to exceed 100 percent, of".

Note: Language was inserted by 2009 Wis. Act 11 without scoring. The change was intended.

276,106 Section 106. 2009 Wisconsin Act 11, section 44 is amended by replacing "his or her work, or that the employee" with "his or her work, or that the employee".

Note: Previously existing text was underscored by 2009 Wis. Act 11. No change was intended.

276,107 Section 107. 2009 Wisconsin Act 28, section 120b is amended by replacing "16.957 (2) (a) (intro.) of the statutes is renumbered 16.957 (2) (a) and amended to read:" with "16.957 (2) (a) (intro.) of the statutes is amended to read:".

Note: Clarifies action phrase. No renumbering actually occurred. The provision remained introductory to s. 16.957 (2) (a) 1. to 4.

276,108 Section 108. 2009 Wisconsin Act 28, section 168m is amended by replacing "subdivision during a fiscal year may not exceed" with "subdivision during a fiscal year may not exceed".

Note: 2009 Wis. Act 28 inserted text without showing it as underscored. The change was intended.