SB421: Bill Text

SB421,55,18 (Signature of Agent)

SB421,55,20 This document was drafted by .... (signature of person preparing the document).

Note: Drafting records for 1997 Wis. Act 253 indicate that the witness portion of this form was not properly formatted in double columns and that "Witness" was to be a heading and was not to be followed by dot leaders. "By" is changed to "Signature" for clarity.

SB421, s. 132 Section 132. 251.02 (1) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,56,8 251.02 (1) In counties with a population of less than 500,000, the county board shall establish a county health department that meets the requirements of this chapter. The county health department shall serve all areas of the county that are not served by a city health department that was established prior to January 1, 1994, by a town or village health department established under sub. (3m) or by a multiple municipal local health department established under sub. (3r). No city health department may be established after January 1, 1994, but a city-county health department may be established after that date.

Note: Conforms the language in this subsection with the language of s. 251.02 (3r).

SB421, s. 133 Section 133. 251.04 (1) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,56,18 251.04 (1) A city or county board of health shall govern each local health department other than a local health department as authorized in s. 251.02 (3m) and (3r) and a city or county board of health or a board of health for a local health department as authorized in s. 251.02 (3m) and (3r) shall assure the enforcement of state public health statutes and public health rules of the department as prescribed for a Level I local health department. A local board of health may contract or subcontract to provide public health services. The contractor's staff shall meet the appropriate qualifications for positions in a Level I local health department.

Note: 1999 Wis. Act 9 inserted the underscored language without showing it as underscored. The change was intended.

SB421, s. 134 Section 134. 251.125 of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,57,2 251.125 Village health department, how financed. If a village health department is established under s. 251.02 (2) or (3m) or if a multiple municipal local health department is established under s. 251.01 251.02 (3r) by the governing body of a village in concert with the governing body of another village or a city or town, the village board shall appropriate funds for the operation of the department.

Note: Corrects cross-reference. There is no s. 251.01 (3r). Section 251.02 (3r) relates to the establishment of local health departments.

SB421, s. 135 Section 135. 252.08 (title) of the statutes is repealed.

Note: The remainder of s. 252.08 was renumbered or repealed by 1999 Wis. Act 9.

SB421, s. 136 Section 136. 253.115 (1) (a) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,57,8 253.115 (1) (a) "Hearing loss" means an inability in one or both ears to detect sounds at 30 decibels hearing level or greater in the frequency region of 500 to 4,000 hertz, which that affects speech recognition and auditory comprehension.

Note: Replaces ", which" with "that" to correct grammar.

SB421, s. 137 Section 137. 254.916 (3) (a) (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is renumbered 254.916 (3) (intro.).

Note: Corrects numbering.

SB421, s. 138 Section 138. 254.916 (11) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,57,18 254.916 (11) The department shall hold a hearing under ch. 227 if any interested person, in lieu of proceeding under ch. 68, appeals to the department alleging that the person making an investigation of the appellant has a financial interest in a regulated cigarette and tobacco product retailer, tobacco vending machine operator, tobacco vending machine premises or tobacco vending machine which that may interfere with his or her ability to properly take that action.

Note: Replaces "which" with "that" to correct grammar.

SB421, s. 139 Section 139. 281.68 (1r) (a) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,58,2 281.68 (1r) (a) Prevent pollution from entering into lakes or into natural lake ecosystems.

Note: 1999 Wis. Act 9 inserted "or" without showing it as underscored. The change was intended.

SB421, s. 140 Section 140. 281.69 (6) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,58,9 281.69 (6) Lake classification technical assistance contracts. A nonprofit corporation receiving a lake classification technical assistance contract shall use the grant money provided under the contract to provide educational and technical assistance to local units of government and lake management organizations that will participate in a lake classification project.

Note: 1999 Wisconsin Act 9 amended this section by replacing "technical assistance grant" with "technical assistance contract" but did not make the corresponding change to the later use of the term "grant". Act 9 also omitted the phrase "use the grant to" without showing it as stricken. This bill restores the unintentionally omitted language and amends the subsection to reflect the term change.

SB421, s. 141 Section 141. 289.645 (4) (c) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,58,14 289.645 (4) (c) Waste generated by an organization described in par. (b) which that is commingled with waste generated by a person other than an organization described in par. (b) is subject to the fee.

Note: Replaces "which" with "that" to correct grammar.

SB421, s. 142 Section 142. 292.15 (2) (at) 3. of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,59,2 292.15 (2) (at) 3. The voluntary party obtains and maintains insurance to cover the costs of complying with s. 292.11 (3) with respect to a hazardous substance discharges that occurred before the investigation under subd. 1. is completed and that are discovered in the course of conducting a cleanup of the property, the insurance complies with rules promulgated by the department and the insurance names the voluntary party and this state as insureds.

Note: Deletes unnecessary "a."

SB421, s. 143 Section 143. 292.15 (2) (c) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,59,8 292.15 (2) (c) Prohibition on action. The department of justice may not commence an action under 42 USC 9607 against any voluntary party meeting the criteria of this subsection to recover costs for which the voluntary party is exempt under pars. (a), (ac) (ae), (ag), (am), (at) and (b).

Note: Corrects cross-reference. There is no s. 292.15 (2) (ac). Section 292.15 (2) (ae) relates to exemptions for voluntary parties.

SB421, s. 144 Section 144. 292.15 (3) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,59,18 292.15 (3) Successors and assigns. An exemption provided in sub. (2) applies to any successor or assignee of the voluntary party if the successor or assignee complies with the provisions of sub. (2) (a) 4. and 5. or (ae) 3m., 4. and 5. and, if applicable, sub. (2) (ag) 4. or (am) as though the successor or assignee were the voluntary party except that the exemption in sub. (2) does not apply if the successor or assignee knows that a certificate under sub. (2) (a) 3., (ae) 3., (ag) 12. 2. or (am) was obtained by any of the means or under any of the circumstances specified in sub. (2) (a) 6.

Note: Corrects cross-reference. There is no s. 292.15 (2) (ag) 12. Section 292.15 (2) (ag) 2. relates to certificates of completion.

SB421, s. 145 Section 145. 292.65 (8) (e) 3am. of the statutes, as created by 1999 Wisconsin Act 9, is renumbered 292.65 (8) (e) 3. am.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1999 Wis. Act 9 treated s. 292.65 (8) (e) 3. a. to c., but the period was omitted in each case.

SB421, s. 146 Section 146. 292.65 (8) (e) 3ar. of the statutes, as created by 1999 Wisconsin Act 9, is renumbered 292.65 (8) (e) 3. ar.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1999 Wis. Act 9 treated s. 292.65 (8) (e) 3. a. to c., but the period was omitted in each case.

SB421, s. 147 Section 147. 292.65 (8m) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,60,13 292.65 (8m) Reimbursement of insurance proceeds. If, after the owner or operator receives an award under this section, the owner or operator receives payment from an insurance company arising out of a claim for payment of any eligible costs, the owner or operator shall pay to the department the amount by which the insurance payment exceeds the sum of the deductible and the amount by which the amount calculated under par. sub. (8) (e) exceeds the maximum award under par. sub. (8) (f), but not more than the amount of the award received. The amounts collected by the department under this subsection shall be deposited in the dry cleaner environmental response fund.

Note: Corrects cross-references. Section 292.65 (8m) is not separated into paragraphs. Section 292.15 (8) (e) relates to calculation of the deductible and sub. (8) (f) provides the maximum award.

SB421, s. 148 Section 148. 301.08 (1) (b) 4. of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,60,22 301.08 (1) (b) 4. Contract with not more than 5 counties or with not more than 5 consortia of counties for the operation of not more than 5 secured group homes for the placement of juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 983.183 938.183 or 938.34 (4m). The contract shall specify that the county or counties operating a secured group home must comply with all rules of the department that are applicable to the treatment of juveniles who are placed in a secured correctional facility.

Note: Corrects cross-reference consistent with the remainder of s. 301.08 (1) (b). There is no s. 983.183.

SB421, s. 149 Section 149. 342.12 (3) (b) of the statutes is amended to read:

SB421,61,20 342.12 (3) (b) The applicant has filed with the department a bond in the form prescribed by the department and executed by the applicant, and either accompanied by the deposit of cash with the department or also executed by a person authorized to conduct a surety business in this state. The bond shall be in an amount equal to one and one-half times the value of the vehicle as determined by the department and conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the vehicle or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss or damage, including reasonable attorney fees, by reason of the issuance of the certificate of title of for the vehicle or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the vehicle. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposit accompanying it, shall be returned at the end of 5 years or prior thereto if, apart from this section, a nondistinctive certificate of title could then be issued for the vehicle, or if the vehicle is no longer registered in this state and the currently valid certificate of title is surrendered to the department, unless the department has been notified of the pendency of an action to recover on the bond.

Note: Replaces "of" with "for" in order to make terminology consistent throughout ch. 342.

SB421, s. 150 Section 150. 342.282 (2) of the statutes is amended to read:

SB421,62,2 342.282 (2) The department issues a certificate of title of for the vehicle under this chapter.

Note: Replaces "of" with "for" in order to make terminology consistent throughout ch. 342.

SB421, s. 151 Section 151. 342.283 of the statutes is amended to read:

SB421,62,9 342.283 Distinctive certificate. If the department is not satisfied that there are no undisclosed security interests, created before June 1, 1966, in a previously certificated vehicle, it shall, unless the applicant fulfills the requirements of s. 342.12 (3), issue a distinctive certificate of title of for the vehicle containing the legend "This vehicle may be subject to an undisclosed security interest" and any other information the department prescribes.

Note: Replaces "of" with "for" in order to make terminology consistent throughout ch. 342.

SB421, s. 152 Section 152. 343.085 (2m) (a) 2. of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,62,15 343.085 (2m) (a) 2. Between the hours of 12 midnight and 5 a.m., unless the licensee's parent or guardian, or a person who meets the requirements under s. 343.07 (1) (a), occupies the seat beside the licensee, or unless the licensee is traveling between his or her place of residence, school or and place of employment.

Note: Corrects sentence agreement problem.

SB421, s. 153 Section 153. The treatment of 343.085 (3) of the statutes by 1997 Wisconsin Act 84 is not repealed by 1999 Wisconsin Act 9. Both treatments stand.

Note: There are no conflicts of substance.

SB421, s. 154 Section 154. The treatment of 343.085 (5) of the statutes by 1997 Wisconsin Act 84 is not repealed by 1999 Wisconsin Act 9. Both treatments stand.

Note: There are no conflicts of substance.

SB421, s. 155 Section 155. 343.24 (2m) of the statutes is amended to read:

SB421,63,14 343.24 (2m) If the department, in maintaining a computerized operating record system, makes copies of its operating record file data base database, or a portion thereof, on computer tape or other electronic media, copies of the tape or media may be furnished to any person on request. The department may also furnish to any person upon request records on computer tape or other electronic media that contain information from files of uniform traffic citations or motor vehicle accidents and which that were produced for or developed by the department for purposes related to maintenance of the operating record file data base database. The department shall charge a fee of $3 for each file of vehicle operators' records contained in the tape or media. The department shall charge a fee of not more than $3 for each file of uniform traffic citations or motor vehicle accidents contained in the tape or media. Nothing in this subsection requires the department to produce records of particular files or data in a particular format except as those records or data are made by the department for its purposes.

Note: Corrects spelling. Replaces "which" with "that" to correct grammar.

SB421, s. 156 Section 156. The treatment of 343.32 (2) (c) of the statutes by 1997 Wisconsin Act 84 is not repealed by 1999 Wisconsin Act 9. Both treatments stand.

Note: There are no conflicts of substance.

SB421, s. 157 Section 157. The treatment of 345.47 (1) (b) of the statutes by 1997 Wisconsin Act 84 is not repealed by 1999 Wisconsin Act 9. Both treatments stand.

Note: There are no conflicts of substance.

SB421, s. 158 Section 158. 348.26 (1m) of the statutes is amended to read:

SB421,64,2 348.26 (1m) Telephone call-in procedure. The department shall develop and implement a telephone call-in procedure for permits issued under this section. The telephone call-in procedure for permits may not be utilized until permit information is computerized to ensure inquiry capability into the data base database for enforcement purposes.

Note: Corrects spelling.

SB421, s. 159 Section 159. 409.302 (1) (g) and (h) of the statutes are amended to read:

SB421,64,5 409.302 (1) (g) An assignment for the benefit of all the creditors of the transferor, and subsequent transfers by the assignee thereunder; or

SB421,64,7 (h) A security interest in investment property which is perfected without filing under s. 409.115 or 409.116; or.

Note: Amends the structure of s. 409.302 (1) to reflect the renumbering of s. 409.302 (1) (i) to s. 409.302 (3) (e) by 1999 Wis. Act 9.

SB421, s. 160 Section 160. 409.313 (4) (c) and (d) of the statutes are amended to read:

SB421,64,12 409.313 (4) (c) The fixtures are readily removable factory or office machines or readily removable replacements of domestic appliances which are consumer goods, and before the goods become fixtures the security interest is perfected by any method permitted by this chapter; or

SB421,64,15 (d) The conflicting interest is a lien on the real estate obtained by legal or equitable proceedings after the security interest was perfected by any method permitted by this chapter.; or

Note: Amends the structure of s. 409.313 (4) to reflect the creation of s. 409.313 (4) (e) by 1999 Wis. Act 9.

SB421, s. 161 Section 161. 441.50 (1) (n) of the statutes, as created by 1999 Wisconsin Act 22, is amended to read:

SB421,65,2 441.50 (1) (n) "State practice laws" means those individual party's state party state's laws and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. "State practice laws" does not include the initial qualifications for licensure or requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.

Note: Corrects spelling.

SB421, s. 162 Section 162. 441.50 (7) (a) and (e) of the statutes, as created by 1999 Wisconsin Act 22, are amended to read:

SB421,65,9 441.50 (7) (a) All party states shall participate in a cooperative effort to create a coordinated data base database of all licensed registered nurses and licensed practical/vocational nurses. This system will include information on the licensure and disciplinary history of each nurse, as contributed by party states, to assist in the coordination of nurse licensure and enforcement efforts.