SB421: Bill Text

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.

SB421,65,13 (e) Any personally identifiable information obtained by a party states' state's licensing board from the coordinated licensure information system may not be shared with nonparty states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.

Note: Corrects spelling.

SB421, s. 163 Section 163. 448.951 of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,65,21 448.951 Use of title. Except as provided in s. 448.952, no person may designate himself or herself as an athletic trainer or use or assume the title "athletic trainer", "licensed athletic trainer", "certified athletic trainer" or "registered athletic trainer" or append to the person's name any other title, letters or designation which that represents or may tend to represent the person as an athletic trainer unless the person is licensed under this subchapter.

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

SB421, s. 164 Section 164. 448.953 (4) (b) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,66,6 448.953 (4) (b) If a person who is issued a temporary license under par. (a) satisfies the requirements under sub. (1) (f) and (h) before the temporary license expires, the affiliated credentialing credentialing board shall issue the person a license under sub. (1).

Note: Deletes repeated word.

SB421, s. 165 Section 165. 560.035 of the statutes is amended to read:

SB421,66,13 560.035 Data base Database of women's businesses. The department shall develop, maintain and keep current a computer data base database of businesses in the state that are owned by women, containing demographic statistics and information on the types of industries represented, sales volume and growth rates, generation of jobs by both new and existing businesses and any other relevant characteristics.

Note: Corrects spelling.

SB421, s. 166 Section 166. 565.30 (5m) (a) (title) of the statutes, as affected by 1999 Wisconsin Act 9, section 3025pa, is renumbered 565.30 (5m) (title).

Note: Section 565.30 (5m) (title) was improperly shown as having been renumbered to s. 565.30 (5m) (a) (title) by 1999 Wis. Act 9.

SB421, s. 167 Section 167. 703.16 (4) of the statutes is amended to read:

SB421,67,8 703.16 (4) Assessments constitute lien. All assessments, until paid, together with interest on them and actual costs of collection, constitute a lien on the units on which they are assessed, if a statement of lien is filed within 2 years after the date the assessment becomes due. The lien is effective against a unit at the time the assessment became due regardless of when within the 2-year period it is filed. A statement of condominium lien is filed in the land records of the clerk of circuit court of the county where the unit is located, stating the description of the unit, the name of the record owner, the amount due and the period for which the assessment was due. The clerk of circuit court shall index the statement of condominium lien under the name of the record owner in the judgment and lien docket. The statement of condominium lien shall be signed and verified by an officer or agent of the association as specified in the bylaws and then may be filed. On full payment of the assessment for which the lien is claimed, the unit owner shall be entitled to a fileable satisfaction of the lien that may be filed with the clerk of circuit court.

Note: Corrects spelling. Under s. 35.17, "On questions of orthography the current edition of Webster's new international dictionary shall be taken as the standard." The dictionary does not contain "fileable".