SB301: Bill Text

SB301,42,20 c. Directly or indirectly publish, circulate, display, or mail any written communication that the communicator knows is to the effect that entrance into, or use of, or the full and equal enjoyment of any of the facilities of the public place of accommodation or amusement will be denied to a person with a disability or a service animal trainer because the person with a disability or the trainer is accompanied by a service animal or that the patronage of a person with a disability or a service animal trainer is unwelcome, objectionable, or unacceptable because the person with a disability or the trainer is accompanied by a service animal.

Note: Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in tabular form for consistency with current style and improved readability.

SB301, s. 116 Section 116. 108.05 (1) (n) (intro.) of the statutes, as affected by 2005 Wisconsin Act 86, is amended to read:

SB301,43,14 108.05 (1) (n) (intro.) Each eligible employee shall be paid benefits for each week of total unemployment which that commences on or after December 29, 2002, and before January 1, 2006, at the weekly benefit rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal 4% of the employee's base period wages which that were paid during that quarter of the employee's base period in which the employee was paid the highest total wages, rounded down to the nearest whole dollar, except that, if that amount is less than the minimum amount shown in the following schedule, no benefits are payable to the employee and, if that amount is more than the maximum amount shown in the following schedule, the employee's weekly benefit rate shall be the maximum amount shown in the following schedule and except that, if the employee's benefits are exhausted during any week under s. 108.06 (1), the employee shall be paid the remaining amount of benefits payable to the employee in lieu of the amount shown in the following schedule: [See Figure 108.05 (1) (n) following]

Note: 2005 Wis. Act 86 inserted "which" without showing it as underscored and deleted "that" without showing it as stricken. No change was intended.

SB301, s. 117 Section 117. 108.068 (8) of the statutes, as affected by 2005 Wisconsin Act 86, is amended to read:

SB301,44,3 108.068 (8) The department shall treat a limited liability company that files proof under sub. (7) as a partnership or sole proprietorship under this chapter beginning on the same date that the federal internal revenue service treats the company as a partnership or sole proprietorship for federal tax purposes, except that for benefit purposes the treatment shall apply to benefit years in existence on or beginning on or after the date that the federal internal revenue service treats the company as a partnership or sole proprietorship for federal tax purposes if the benefit year to which the treatment is to be applied has not ended on the date that the department first has notice of a benefit eligibility issue that relates to treatment of that limited liability company.

Note: Inserts "limited" consistent with the treatment of s. 108.068 (2) by 2005 Wis. Act 86, which inserted language in that provision that was otherwise identical to the language inserted in this provision by Act 86.

SB301, s. 118 Section 118. The treatment of 114.135 (2) of the statutes by 2005 Wisconsin Act 335 is not repealed by 2005 Wisconsin Act 387. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 114.135 (2) reads:

(2) Notice; claim for damages. In case of any airport landing field or landing and take-off strip, or spaceport or spacecraft launch or landing area, owned by any city, village, town, or county or any union of them, the commission or other body in charge of the operation and control of the airport, landing field, or landing and take-off strip, or spaceport or spacecraft launch or landing area, may prepare and record without charge with the register of deeds plans and specifications showing the protection privileges sought as described in sub. (1). The commission or other body in charge shall send by registered mail with return receipt to each owner at his or her last-known address a notice stating that the plans and specifications have been recorded with the register of deeds' office, stating the county, time of recording, the record number, and a brief description of the parcel of land or interest therein affected. If the address of the owner cannot be ascertained or the registered letter is returned unclaimed, notice shall be sent by registered mail to the person in possession of the premises. If no person is in possession, then the notice shall be posted in a conspicuous place on the land involved and published as a class 3 notice, under ch. 985, in the area affected. The right of the owner to claim for damages for the protection regulations imposed in the plans and specifications, or the removal of obstructions shall be forever barred, unless the owner files a claim for damages with the commission or other body in charge within 6 months from the receipt of the notice from the commission, or other body in charge, or the posting and last publication. The claim shall be verified and shall state the amount of damages claimed. The commission or other body in charge may pay the damages, if it has available funds, and the payment shall operate as a conveyance. If no claims for payment are filed or if payment is made, the commission or other body in charge shall file an affidavit for each parcel involved setting forth the rights acquired which shall be recorded by the register of deeds without charge and when so recorded has the same effect as any recorded instrument. If any owner is a minor or is adjudicated incompetent, the notice may be sent by registered mail to the owner's guardian, if he or she has one, and if there is none the circuit court of the county in which the land, or a larger part, is located shall upon application of the commission or other body in charge appoint a guardian to receive the notice, and to protect the rights of the owner. Any funds payable to the owner shall be cared for in the manner provided in ch. 54. If the commission or other body in charge determines that the damages claimed are excessive, it shall so report to the governing body that established the airport, landing field or landing and take-off strip, or spaceport or spacecraft launch or landing area, in question and with its consent may acquire in the name of the governmental body the protection privilege desired in the manner set forth in sub. (1) or it may deposit with the county clerk an award and notify the owner of the land involved in the method specified in this subsection. The landowner may accept the award without prejudice to his or her right to claim and contest for a greater sum. The landowner may, within a period of 6 months after notice of the award, proceed as provided in ch. 32 to have the damages appraised.

SB301, s. 119 Section 119. 115.76 (14) of the statutes, as affected by 2005 Wisconsin Act 258, is renumbered 115.76 (14) (a) (intro.) and amended to read:

SB301,45,6 115.76 (14) (a) (intro.) "Related services" means transportation and such developmental, corrective, and other supportive services (as may be required to assist a child with a disability to benefit from special education, including speech-language all of the following:

SB301,45,7 1. Speech-language pathology and audiology services ; interpreting.

SB301,45,8 2. Interpreting services; psychological .

SB301,45,9 3. Psychological services; physical .

SB301,45,10 4. Physical and occupational therapy; recreation.

SB301,45,11 5. Recreation, including therapeutic recreation; social.

SB301,45,12 6. Social work services; school.

SB301,45,15 7. School nursing services designed to enable a child with a disability to receive a free appropriate public education as described in the child's individualized education program; counseling.

SB301,45,16 8. Counseling services, including rehabilitative counseling; orientation.

SB301,45,17 9. Orientation and mobility services; medical.

SB301,45,18 10. Medical services for diagnostic and evaluative purposes only; and the.

SB301,45,20 11. The early identification and assessment of disabling conditions in children) as may be required to assist a child with a disability to benefit from special education.

SB301,45,22 (b) "Related services" does not include a medical device that is surgically implanted or the replacement of such a device.

Note: Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in tabular form and to allow removal of parentheses for consistency with current style and improved readability.

SB301, s. 120 Section 120. 118.07 (3) of the statutes, as created by 2005 Wisconsin Act 221, is amended to read:

SB301,46,15 118.07 (3) The department shall make available to school districts, private schools, and charter schools information about meningococcal disease, including the causes and symptoms of the disease, how it is spread, and how to obtain additional information about the disease and the availability, effectiveness, and risks of vaccinations against the disease. The department may do so by posting the information on its Internet site. At the beginning of the 2006-07 to 2011-12 school years, each school board and the governing body of each private school and each charter school shall provide the parents and guardians of pupils enrolled in grades 6 to 12 in the school district or school with the information. At the beginning of the 2012 2012-13 school year and each school year thereafter, each school board and the governing body of each private school and each charter school shall provide the parents and guardians of pupils enrolled in grade 6 in the school district or school with the information.

Note: Corrects form of reference to school year.

SB301, s. 121 Section 121. 118.13 (1) of the statutes, as affected by 2005 Wisconsin Act 346, is amended to read:

SB301,46,23 118.13 (1) Except as provided in s. 120.13 (38) (37m), no person may be denied admission to any public school or be denied participation in, be denied the benefits of or be discriminated against in any curricular, extracurricular, pupil services, recreational or other program or activity because of the person's sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation or physical, mental, emotional or learning disability.

Note: Section 120.13 (38), as created by 2005 Wis. Act 346, is renumbered s. 120.13 (37m) by this bill.

SB301, s. 122 Section 122. 119.04 (1) of the statutes, as affected by 2005 Wisconsin Acts 99, 290 and 346, is amended to read:

SB301,47,11 119.04 (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, 115.361, 115.38 (2), 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 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, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, and 120.25 are applicable to a 1st class city school district and board.

Note: 2005 Wis. Acts 290 and 346 both created provisions numbered s. 120.13 (38) and added cross-references to this provision. Section 120.13 (38), as created by 2005 Wis. Act 346, is renumbered s. 120.13 (37m) by this bill.

SB301, s. 123 Section 123. 119.22 of the statutes, as affected by 2005 Wisconsin Act 346, is amended to read:

SB301,47,19 119.22 Sex discrimination in physical education or physical training prohibited. Except as provided in s. 120.13 (38) (37m), courses in physical education or physical training may not discriminate on the basis of sex in the provision of necessary facilities, equipment, instruction or financial support, or the opportunity to participate in any physical education or training activity as provided in 20 USC 1681 et seq.

Note: Section 120.13 (38), as created by 2005 Wis. Act 346, is renumbered s. 120.13 (37m) by this bill.

SB301, s. 124 Section 124. 120.13 (38) of the statutes, as created by 2005 Wisconsin Act 346, is renumbered 120.13 (37m).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 290 also created a provision numbered s. 120.13 (38).

SB301, s. 125 Section 125. 138.052 (8) of the statutes is amended to read:

SB301,48,6 138.052 (8) This section does not apply to a loan insured, or committed to be insured, or secured by mortgage or trust deed insured by the U.S. secretary of housing and urban development, insured, guaranteed or committed to be insured or guaranteed under 38 USC 1801 to 1827 3701 to 3727 or insured or committed to be insured under 7 USC 1921 to 1995.

Note: Public Law 102-83 renumbered 38 USC 1801 to 1827 to 38 USC 3701 to 3727.

SB301, s. 126 Section 126. 153.05 (2r) (intro.) of the statutes, as created by 2005 Wisconsin Act 228, section 20, is amended to read:

SB301,48,18 153.05 (2r) (intro.) Notwithstanding s. 16.75 (1), (2), and (3m), from the appropriation account under s. 20.515 (1) (ut) the department of employee trust funds may expend up to $150,000, and from the appropriation accounts under s. 20.435 (1) (hg) and (hi) the department of health and family services, in its capacity as a public health authority, may expend moneys, to contract jointly with a data organization to perform services under this chapter that are specified for the data organization under sub. (1) (c) or, if s. 153.455 (4) applies, for the department of health and family services to perform or contract for the performance of these services. As a condition of the contract under this subsection, all of the following apply:

Note: Inserts missing article.

SB301, s. 127 Section 127 . 153.05 (2r) (intro.) of the statutes, as affected by 2005 Wisconsin Act 228, section 20m, is amended to read:

SB301,49,8 153.05 (2r) (intro.) Notwithstanding s. 16.75 (1), (2), and (3m), from the appropriation accounts under s. 20.435 (1) (hg) and (hi) the department of health and family services, in its capacity as a public health authority, may expend moneys, to contract jointly with a data organization to perform services under this chapter that are specified for the data organization under sub. (1) (c) or, if s. 153.455 (4) applies, for the department of health and family services to perform or contract for the performance of these services. As a condition of the contract under this subsection, all of the following apply:

Note: Inserts missing article.

SB301, s. 128 Section 128. 165.72 (1) (e) of the statutes is renumbered 165.72 (1) (bt) and amended to read:

SB301,49,12 165.72 (1) (bt) "Secure Juvenile detention officer" has the meaning given in s. 165.85 (2) (f) (bt).

Note: 2005 Wis. Act 344 renumbered s. 165.85 (2) (f) to be s. 165.85 (2) (bt) and replaced "secured" with "juvenile" in that provision.

SB301, s. 129 Section 129. 165.72 (4) of the statutes is amended to read:

SB301,49,17 165.72 (4) Payment limitations. A reward under sub. (3) may not exceed $1,000 for the arrest and conviction of any one person. The department may not make any reward payment to a law enforcement officer, jail officer, secure juvenile detention officer, pharmacist, or department employee.

Note: See previous Section, which changes term used in s. 165.72 from "secure detention officer" to "juvenile detention officer."

SB301, s. 130 Section 130. The treatment of 165.76 (1) (a) of the statutes by 2005 Wisconsin Act 277 is not repealed by 2005 Wisconsin Act 344. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 165.76 (1) (a) reads:

(a) Is in a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g), or on probation, extended supervision, parole, supervision, or aftercare supervision on or after August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.085.

SB301, s. 131 Section 131. 165.85 (1) of the statutes is amended to read:

SB301,50,10 165.85 (1) Findings and policy. The legislature finds that the administration of criminal justice is of statewide concern, and that law enforcement work is of vital importance to the health, safety, and welfare of the people of this state and is of such a nature as to require training, education, and the establishment of standards of a proper professional character. The public interest requires that these standards be established and that this training and education be made available to persons who seek to become law enforcement, tribal law enforcement, jail or secure juvenile detention officers, persons who are serving as these officers in a temporary or probationary capacity, and persons already in regular service.

Note: 2003 Wis. Act 344 changed the defined term "secure detention officer" to "juvenile detention officer" for purposes of ss. 165.85 and 165.86, but failed to change various usages of that defined term throughout ss. 165.85 and 165.86. This Section and the next 11 Sections other than Section 134 change "secure detention officer" to "juvenile detention officer" wherever found in ss. 165.85 and 165.96.

SB301, s. 132 Section 132. 165.85 (3) (c) of the statutes is amended to read:

SB301,50,16 165.85 (3) (c) Except as provided under sub. (3m) (a), certify persons as being qualified under this section to be law enforcement, tribal law enforcement, jail or secure juvenile detention officers. Prior to being certified under this paragraph, a tribal law enforcement officer shall agree to accept the duties of law enforcement officers under the laws of this state.

SB301, s. 133 Section 133. 165.85 (3) (cm) of the statutes is amended to read:

SB301,51,12 165.85 (3) (cm) Decertify law enforcement, tribal law enforcement, jail or secure juvenile detention officers who terminate employment or are terminated, who violate or fail to comply with a rule or order of the board relating to curriculum or training, who fail to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse, or who fail to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings. The board shall establish procedures for decertification in compliance with ch. 227, except that decertification for failure to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse or for failure to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings shall be done as provided under sub. (3m) (a).

SB301, s. 134 Section 134 . The treatments of 165.85 (3) (d) of the statutes by 2005 Wisconsin Acts 60 and 344 are not repealed by 2005 Wisconsin Act 414. All treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 165.85 (3) (d) reads:

(d) Establish minimum curriculum requirements for preparatory courses and programs, and recommend minimum curriculum requirements for recertification and advanced courses and programs, in schools operated by or for this state or any political subdivision of the state for the specific purpose of training law enforcement recruits, law enforcement officers, tribal law enforcement recruits, tribal law enforcement officers, jail officer recruits, jail officers, juvenile detention officer recruits, or juvenile detention officers in areas of knowledge and ability necessary to the attainment of effective performance as an officer, and ranging from subjects such as first aid, patrolling, statutory authority, techniques of arrest, protocols for official action by off-duty officers, firearms, and recording custodial interrogations, to subjects designed to provide a better understanding of ever-increasing complex problems in law enforcement such as human relations, civil rights, constitutional law, and supervision, control, and maintenance of a jail or juvenile detention facility. The board shall appoint a 13-member advisory curriculum committee consisting of 6 chiefs of police and 6 sheriffs to be appointed on a geographic basis of not more than one chief of police and one sheriff from any one of the 8 state administrative districts together with the director of training of the Wisconsin state patrol. This committee shall advise the board in the establishment of the curriculum requirements.

SB301, s. 135 Section 135. 165.85 (4) (ap) of the statutes is amended to read:

SB301,52,7 165.85 (4) (ap) Jail officers serving under permanent appointment prior to July 2, 1983, are not required to meet any requirement of pars. (b) and (c) as a condition of tenure or continued employment as either a jail officer or a secure juvenile detention officer. The failure of any such officer to fulfill those requirements does not make that officer ineligible for any promotional examination for which he or she is otherwise eligible. Any such officer may voluntarily participate in programs to fulfill those requirements.

SB301, s. 136 Section 136. 165.85 (4) (at) of the statutes is amended to read:

SB301,52,12 165.85 (4) (at) Any person certified as a jail officer on July 1, 1994, is certified as a secure juvenile detention officer and remains certified as a secure juvenile detention officer subject to annual recertification requirements under par. (bn) 3. and the board's decertification authority under sub. (3) (cm).

SB301, s. 137 Section 137. 165.85 (4) (b) 3. of the statutes is amended to read:

SB301,53,2 165.85 (4) (b) 3. No person may be appointed as a secure juvenile detention officer, except on a temporary or probationary basis, unless the person has satisfactorily completed a preparatory program of secure juvenile detention officer training approved by the board and has been certified by the board as being qualified to be a secure juvenile detention officer. The program shall include at least 120 hours of training. The training program shall devote at least 16 hours to methods of supervision of special needs inmates, including inmates who may be emotionally distressed, mentally ill, suicidal, developmentally disabled, or alcohol or drug abusers. The period of temporary or probationary employment established at the time of initial employment shall not be extended by more than one year for an officer lacking the training qualifications required by the board. Secure Juvenile detention officer training programs including municipal, county, and state programs meeting standards of the board shall be acceptable as meeting these training requirements.

SB301, s. 138 Section 138. 165.85 (4) (bn) 3. (intro.) of the statutes is amended to read:

SB301,53,7 165.85 (4) (bn) 3. (intro.) No person may continue as a secure juvenile detention officer, except on a temporary or probationary basis, unless that person completes annual recertification training. The officer shall complete at least 24 hours each fiscal year beginning in the later of the following:

SB301, s. 139 Section 139. 165.85 (4) (c) of the statutes is amended to read:

SB301,53,15 165.85 (4) (c) In addition to the requirements of pars. (b) and (bn), the board may, by rule, fix such other minimum qualifications for the employment of law enforcement, tribal law enforcement, jail or secure juvenile detention officers as relate to the competence and reliability of persons to assume and discharge the responsibilities of law enforcement, tribal law enforcement, jail or secure juvenile detention officers, and the board shall prescribe the means for presenting evidence of fulfillment of these requirements.

SB301, s. 140 Section 140. 165.85 (4) (dm) of the statutes is amended to read:

SB301,53,19 165.85 (4) (dm) The board may provide, by rule, that parts of the jail officer preparatory training and the secure juvenile detention officer preparatory training are identical and count toward either training requirement.

SB301, s. 141 Section 141. 165.85 (5) (a) of the statutes is amended to read:

SB301,54,2 165.85 (5) (a) The board may authorize and approve law enforcement, jail or secure juvenile detention officer training programs conducted by an agency of a political subdivision or an agency of the state when their programs meet the standards required by the board. No authority granted in this paragraph extends to the board selecting a site for a state police, jail or secure juvenile detention officer academy and expending funds thereon without further legislation.

SB301, s. 142 Section 142. 165.85 (5) (b) of the statutes is amended to read:

SB301,54,14 165.85 (5) (b) The board shall authorize the reimbursement to each political subdivision of approved expenses incurred by officers who satisfactorily complete training at schools certified by the board. Reimbursement of these expenses for law enforcement officer, jail officer and secure juvenile detention officer preparatory training shall be for approved tuition, living, and travel expenses for the first 400 hours of law enforcement preparatory training and for the first 120 hours of jail or secure juvenile detention officer preparatory training. Reimbursement of approved expenses for completion of annual recertification training under sub. (4) (bn) shall include at least $160 per officer thereafter. Funds may also be distributed for attendance at other training programs and courses or for training services on a priority basis to be decided by the department of justice.

SB301, s. 143 Section 143. 165.86 (2) (a) of the statutes is amended to read:

SB301,54,21 165.86 (2) (a) Identify and coordinate all preparatory and recertification training activities in law enforcement in the state, and expand the coordinated program to the extent necessary to supply the training required for all recruits in the state under the preparatory training standards and time limits set by the board and for law enforcement officers, jail officers and secure juvenile detention officers in this state.

SB301, s. 144 Section 144. 167.31 (2) (d) of the statutes, as affected by 2005 Wisconsin Act 253, is amended to read:

SB301,55,3 167.31 (2) (d) Except as provided in sub. (4) (a), (bg), (cg), (e), and (g), no person may discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet of the center of a roadway.

Note: See the note to the next Section of this bill.