SB301: Bill Text

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 158 also created a provision numbered s. 220.02 (2) (g).

SB301, s. 148 Section 148. 220.02 (2) (h) of the statutes, as created by 2005 Wisconsin Act 215, is renumbered 220.02 (2) (g).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 158 created an identical provision numbered s. 220.02 (2) (g).

SB301, s. 149 Section 149. The treatment of 230.03 (3) of the statutes by 2005 Wisconsin Act 74 is not repealed by 2005 Wisconsin Act 335. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 230.03 (3) reads:

(3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 231, 232, 233, 234, 235, or 237. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

SB301, s. 150 Section 150. 234.59 (3) (d) of the statutes, as affected by 2005 Wisconsin Act 75, section 24, is renumbered 234.59 (3) (e).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wisconsin Act 75, section 24, renumbered s. 234.59 (3) (e) to s. 234.59 (3) (d) and 2005 Wisconsin Act 75, section 23d, created a separate provision numbered s. 234.59 (3) (d).

SB301, s. 151 Section 151. 252.05 (4) of the statutes, as affected by 2005 Wisconsin Act 198, is amended to read:

SB301,57,3 252.05 (4) Reports under subs. (1) and (2) shall state so far as known the name, sex, age, and residence of the person, the communicable disease and other facts the department or local health officer requires. Report forms, including forms appropriate for reporting under s. 95.22 (1m), may be furnished by the department and distributed by the local health officer.

Note: Inserts correct cross-reference. There is no s. 95.22 (1m).

SB301, s. 152 Section 152. 252.15 (5) (a) 11. of the statutes, as affected by 2005 Wisconsin Acts 155 and 187, is amended to read:

SB301,57,13 252.15 (5) (a) 11. To a person, including a person exempted from civil liability under the conditions specified under s. 895.48, 895.4802, or 895.4803, who renders to the victim of an emergency or accident emergency care during the course of which the emergency caregiver is significantly exposed to the emergency or accident victim, if a physician or advanced practice nurse prescriber, based on information provided to the physician or advanced practice nurse prescriber, determines and certifies in writing that the emergency caregiver has been significantly exposed and if the certification accompanies the request for disclosure.

Note: Inserts missing comma.

SB301, s. 153 Section 153. 252.15 (5m) (a) of the statutes, as affected by 2005 Wisconsin Acts 155 and 187, is amended to read:

SB301,58,4 252.15 (5m) (a) If a person, including a person exempted from civil liability under the conditions specified under s. 895.48, 895.4802, or 895.4803, who renders to the victim of an emergency or accident emergency care during the course of which the emergency caregiver is significantly exposed to the emergency or accident victim and the emergency or accident victim subsequently dies prior to testing for the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV; if a physician or advanced practice nurse prescriber, based on information provided to the physician or advanced practice nurse prescriber, determines and certifies in writing that the emergency caregiver has been significantly exposed; and if the certification accompanies the request for testing and disclosure. Testing of a corpse under this paragraph shall be ordered by the coroner, medical examiner, or physician who certifies the victim's cause of death under s. 69.18 (2) (b), (c) or (d).

Note: Inserts missing comma.

SB301, s. 154 Section 154. 254.61 (3m) (c) of the statutes, as created by 2005 Wisconsin Act 348, is renumbered 254.61 (3m) (c) (intro.) and amended to read:

SB301,58,7 254.61 (3m) (c) (intro.) The event is sponsored by a any of the following:

SB301,58,8 1. A church;.

SB301,58,9 2. A religious, fraternal, youth, or patriotic organization or service club;.

SB301,58,10 3. A civic organization;.

SB301,58,11 4. A parent-teacher organization;.

SB301,58,12 5. A senior citizen center or organization; or.

SB301,58,13 6. An adult day care center.

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. 155 Section 155. 281.48 (4g) of the statutes, as affected by 2005 Wisconsin Act 347, is amended to read:

SB301,59,2 281.48 (4g) Rules on servicing. The department shall promulgate rules relating to servicing septic tanks, soil absorption fields, holding tanks, grease interceptors, privies, and other components of private sewage systems in order to protect the public health against unsanitary and unhealthful practices and conditions, and to protect the surface waters and groundwaters of the state from contamination by septage. The rules shall comply with ch. 160. The rules shall apply to all septage disposal, whether undertaken pursuant to a license or a license excemption exemption under sub. (3). The rules shall require each person with a license under sub. (3) to maintain records of the location of private sewage systems serviced and the volume of septage disposed of and location of that disposal.

Note: Corrects spelling. The correct spelling is shown in the printed statutes.

SB301, s. 156 Section 156. The treatment of 301.03 (19) of the statutes by 2005 Wisconsin Act 431 is not repealed by 2005 Wisconsin Act 434. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 301.03 (19) reads:

(19) Subject to sub. (20), work to minimize, to the greatest extent possible, the residential population density of sex offenders, as defined in s. 302.116 (1) (b), who are on probation, parole, or extended supervision or placed on supervised release under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s. 980.08 (4) (g).

SB301, s. 157 Section 157. 301.12 (14) (a) of the statutes is amended to read:

SB301,59,17 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, child caring institutions residential care centers for children and youth and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules which include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17, unless the liable person has prevented payment by any act or omission.

Note: The term "child caring institution" was changed to "residential care center for children and youth" by 2001 Wis. Act 59.

SB301, s. 158 Section 158. The treatment of 301.26 (4) (d) 2. of the statutes by 2005 Wisconsin Act 25 is not repealed by 2005 Wisconsin Act 344. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 301.26 (4) (d) 2. reads:

2. Beginning on July 1, 2005, and ending on June 30, 2006, the per person daily cost assessment to counties shall be $203 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $203 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $234 for care in a residential care center for children and youth, $157 for care in a group home for children, $47 for care in a foster home, $83 for care in a treatment foster home, $81 for departmental corrective sanctions services, and $32 for departmental aftercare services.

SB301, s. 159 Section 159. The treatment of 301.26 (4) (d) 3. of the statutes by 2005 Wisconsin Act 25 is not repealed by 2005 Wisconsin Act 344. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 301.26 (4) (d) 3. reads:

3. Beginning on July 1, 2006, and ending on June 30, 2007, the per person daily cost assessment to counties shall be $209 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $209 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $244 for care in a residential care center for children and youth, $163 for care in a group home for children, $50 for care in a foster home, $87 for care in a treatment foster home, $82 for departmental corrective sanctions services, and $33 for departmental aftercare services.

SB301, s. 160 Section 160. The treatments of 341.135 (1) of the statutes by 2005 Wisconsin Acts 25 and 260 are not repealed by 2005 Wisconsin Act 472. All treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 341.135 (1) reads:

(1) Design. Every 10th year, the department shall establish new designs of registration plates to be issued under ss. 341.14 (1), (1a), (1m), (1q), (2), (2m), (6m), and (6r), 341.25 (1) (a), (c), (h), and (j) and (2) (a), (b), and (c), and 341.26 (2) and (3) (a) 1. and (am). Any design for registration plates issued for automobiles and for vehicles registered on the basis of gross weight shall comply with the applicable design requirements of ss. 341.12 (3), 341.13, and 341.14 (6r) (c) to (e). The designs for registration plates specified in this subsection shall be as similar in appearance as practicable during each 10-year design interval. Except as provided in ss. 341.13 (2r) and 341.14 (1), each registration plate issued under s. 341.14 (1), (1a), (1m), (1q), (2), (2m), (6m), or (6r), 341.25 (1) (a), (c), (h), or (j) or (2) (a), (b), or (c), or 341.26 (2) or (3) (a) 1. or (am) during each 10-year design interval shall be of the design established under this subsection. The department may not redesign registration plates for the special groups under s. 341.14 (6r) (f) 53., 54., or 55. until July 1, 2010. Except for registration plates issued under s. 341.14 (6r) (f) 53., 54., or 55., the first design cycle for registration plates issued under ss. 341.14 (1), (1a), (1m), (1q), (2), (2m), (6m), and (6r), 341.25 (1) (a), (c), (h), and (j) and (2) (a), (b), and (c), and 341.26 (2) and (3) (a) 1. and (am) began July 1, 2000.

SB301, s. 161 Section 161. The treatment of 341.135 (2) (a) 2. of the statutes by 2005 Wisconsin Act 25 is not repealed by 2005 Wisconsin Act 472. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 341.135 (2) (a) 2. reads:

2. Notwithstanding s. 341.13 (3), beginning with registrations initially effective on July 1, 2010, upon receipt of a completed application to initially register a vehicle under s. 341.14 (1), (1a), (1m), (1q), (2), (2m), (6m), or (6r), or s. 341.25 (1) (a), (c), (h), or (j) or (2) (a), (b), or (c) or 341.26 (2) or (3) (a) 1. or (am), or to renew the registration of a vehicle under those sections for which a registration plate has not been issued during the previous 10 years, the department shall issue and deliver prepaid to the applicant 2 new registration plates of the design established for that 10-year period under sub. (1).

SB301, s. 162 Section 162. The treatment of 341.135 (2) (am) of the statutes by 2005 Wisconsin Act 25 is not repealed by 2005 Wisconsin Act 472. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 341.135 (2) (am) reads:

(am) Notwithstanding s. 341.13 (3) and (3m), beginning with registrations initially effective on July 1, 2000, upon receipt of a completed application to renew the registration of a vehicle registered under s. 341.14 (1), (1a), (1m), (1q), (2), (2m), (6m), or (6r), except s. 341.14 (6r) (f) 53., 54., or 55., or s. 341.25 (1) (a), (c), (h), or (j) or (2) (a), (b), or (c) for which a registration plate of the design established under sub. (1) has not been issued, the department may issue and deliver prepaid to the applicant 2 new registration plates of the design established under sub. (1). This paragraph does not apply to registration plates issued under s. 341.14 (6r) (f) 52., 1997 stats. This paragraph does not apply after June 30, 2010.

SB301, s. 163 Section 163. The treatment of 341.135 (2) (e) of the statutes by 2005 Wisconsin Act 25 is not repealed by 2005 Wisconsin Act 472. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 341.135 (2) (e) reads:

(e) The department shall issue new registration plates of the design established under sub. (1) for every vehicle registered under s. 341.14 (1), (1a), (1m), (1q), (2), (2m), (6m), or (6r), 341.25 (1) (a), (c), (h), or (j) or (2) (a), (b), or (c), or 341.26 (2) or (3) (a) 1. or (am) after July 1, 2010.

SB301, s. 164 Section 164. 341.14 (6r) (b) 9. of the statutes, as created by 2005 Wisconsin Act 260, is renumbered 341.14 (6r) (b) 9m., and 341.14 (6r) (b) 9m. (intro.), as renumbered, is amended to read:

SB301,62,6 341.14 (6r) (b) 9m. (intro.) An additional fee of $25 that is in addition to the fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on an annual basis for the special group specified under par. (f) 56 55m. An additional fee of $50 that is in addition to the fee under subd. 2. shall be charged for the issuance or renewal of a plate issued on the biennial basis for the special group specified under par. (f) 56 55m. if the plate is issued or renewed during the first year of the biennial registration period or $25 for the issuance or renewal if the plate is issued or renewed during the 2nd year of the biennial registration period. To the extent permitted under ch. 71, the fee under this subdivision is deductible as a charitable contribution for purposes of the taxes under ch. 71. All moneys received under this subdivision, in excess of $43,600 for the initial costs of production of the special group plate under par. (f) 56 55m., shall be deposited in the general fund and credited as follows:

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 25 also created a provision numbered 341.14 (6r) (b) 9. Section 341.14 (6r) (f) 56., as created by 2005 Wis. Act 260, is renumbered s. 341.14 (6r) (f) 55m. by this bill.

SB301, s. 165 Section 165. 341.14 (6r) (c) of the statutes, as affected by 2005 Wisconsin Acts 109 and 260, is amended to read:

SB301,63,3 341.14 (6r) (c) Special group plates shall display the word "Wisconsin", the name of the applicable authorized special group, a symbol representing the special group, not exceeding one position, and identifying letters or numbers or both, not exceeding 6 positions and not less than one position. The department shall specify the design for special group plates, but the department shall consult the president of the University of Wisconsin System before specifying the word or symbol used to identify the special groups under par. (f) 35. to 47., the secretary of natural resources before specifying the word or symbol used to identify the special group under par. (f) 50., the chief executive officer of the professional football team and an authorized representative of the league of professional football teams described in s. 229.823 to which that team belongs before specifying the design for the applicable special group plate under par. (f) 55. and, the department of veterans affairs before specifying the design for the special group plates under par. (f) 49d., 49h., and 49s., and the department of tourism and chief executive officer of the organization specified in par. (f) 56 55m. before specifying the design and word or symbol used to identify the special group name for special group plates under par. (f) 56 55m. Special group plates under par. (f) 50. shall be as similar as possible to regular registration plates in color and design.

Note: Deletes unnecessary word. Section 341.14 (6r) (f) 56., as created by 2005 Wis. Act 260, is renumbered s. 341.14 (6r) (f) 55m. by this bill.

SB301, s. 166 Section 166. 341.14 (6r) (f) 56. of the statutes, as created by 2005 Wisconsin Act 260, is renumbered 341.14 (6r) (f) 55m.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 25 also created a provision numbered 341.14 (6r) (f) 56.

SB301, s. 167 Section 167. 341.14 (6r) (fm) 7. of the statutes, as affected by 2005 Wisconsin Act 25, section 2247r, and 2005 Wisconsin Acts 109, 199 and 260, is amended to read:

SB301,63,13 341.14 (6r) (fm) 7. After October 1, 1998, additional authorized special groups may only be special groups designated by the department under this paragraph. The authorized special groups enumerated in par. (f) shall be limited solely to those special groups specified under par. (f) on October 1, 1998. This subdivision does not apply to the special groups specified under par. (f) 3m., 6m., 9g., 9m., 12g., 12m., 19m., 49d., 49h., 49s., 54., 55., 55m., 56 and 57.

Note: 2005 Wis. Act 25, s. 2247r inserted "19m." 2005 Wis. Act 109 stated that it amended 341.14 (6r) (fm) 7. as affected by Act 25, s. 2247r., but it did not include "19m.", although 2005 Wis. Act 199 did. Acts 25 and 260 both created provisions numbered 341.14 (6r) (fm) 56. This bill renumbers 341.14 (6r) (fm) 56., as created by 2005 Wis. Act 260, to 341.14 (6r) (fm) 55m.

SB301, s. 168 Section 168. 343.06 (1) (L) of the statutes, as created by 2005 Wisconsin Act 387, is renumbered 343.06 (1) (m).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 126 also created a provision numbered s. 343.06 (1) (L).

SB301, s. 169 Section 169. 343.07 (7) of the statutes, as created by 2005 Wisconsin Act 294, is amended to read:

SB301,64,2 343.07 (7) Penalty for restriction violations. (a) Notwithstanding s. 343.43 (1) (d) and (3m), any person who violates sub. (1) (1g) (a), (bm), or (d) or (4) (b) 1. or 2. shall be required to forfeit $50 for the first offense and not less than $50 nor more than $100 for each subsequent offense.

SB301,64,5 (b) Upon receiving notice of a person's conviction for a violation of sub. (1) (1g) (a), (bm), or (d) or (4) (b) 1. or 2., the department shall notify any adult sponsor who has signed for the person under s. 343.15 (1) of the conviction.

Note: Section 343.07 (1) was renumbered s. 343.07 (1g) by 2005 Wis. Act 149.

SB301, s. 170 Section 170. 343.16 (1) (b) 3. (intro.) and b. of the statutes are amended to read:

SB301,64,12 343.16 (1) (b) 3. (intro.) At least annually, the department shall conduct an on-site inspection of the 3rd-party tester to determine compliance with the contract and with department and federal standards for testing applicants for commercial driver licenses and with department standards for testing applicants for school bus endorsements. At least annually, the department shall also evaluate testing given by the 3rd-party tester by one of the following means:

SB301,64,14 b. The department shall retest a sample of drivers who were examined by the 3rd-party tester to compare the pass and fail results.

Note: Inserts missing term.

SB301, s. 171 Section 171. 343.71 (5) of the statutes, as created by 2005 Wisconsin Act 397, section 62, is renumbered 343.71 (6).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 397 renumbered s. 343.61 (6) to also be s. 343.71 (5).

SB301, s. 172 Section 172. 346.65 (2) (bm) and (cm) of the statutes, as created by 2005 Wisconsin Act 389, are amended to read:

SB301,65,6 346.65 (2) (bm) In Winnebago County, if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (b) (am) 2., but the period of imprisonment shall be not less than 5 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 5 nor more than 7 days. A person may be sentenced under this paragraph or under par. (cm) or sub. (2j) (bm) or (cm) or (3r) once in his or her lifetime.

SB301,65,16 (cm) In Winnebago County, if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 3, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (c) (am) 3., but the period of imprisonment shall be not less than 30 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 10 days. A person may be sentenced under this paragraph or under par. (bm) or sub. (2j) (bm) or (cm) or (3r) once in his or her lifetime.

Note: Inserts correct cross-references. Section 346.65 (2) (a) to (e) was renumbered s. 346.65 (2) (am) 1. to 5. by 2005 Wis. Act 149.

SB301, s. 173 Section 173. 346.65 (2j) (bm) and (cm) of the statutes, as created by 2005 Wisconsin Act 389, are amended to read:

SB301,66,5 346.65 (2j) (bm) In Winnebago County, if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (b) (am) 2., but the period of imprisonment shall be not less than 5 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 5 nor more than 7 days. A person may be sentenced under this paragraph or under par. (cm) or sub. (2) (bm) or (cm) or (3r) once in his or her lifetime.

SB301,66,15 (cm) In Winnebago County, if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 3 or more, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (c) (am) 3., but the period of imprisonment shall be not less than 30 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 10 days. A person may be sentenced under this paragraph or under par. (bm) or sub. (2) (bm) or (cm) or (3r) once in his or her lifetime.

Note: Inserts correct cross-references. Section 346.65 (2j) (a) to (c) was renumbered s. 346.65 (2j) (am) 1. to 3. by 2005 Wis. Act 149.

SB301, s. 174 Section 174. The treatment of 347.50 (1) of the statutes by 2005 Wisconsin Act 106 is not repealed by 2005 Wisconsin Act 193. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 6-1-2006, s. 347.50 (1) reads:

(1) Any person violating ss. 347.35 to 347.49, except s. 347.385 (5), s. 347.413 (1) or s. 347.415 (1m), (2) and (3) to (5) or s. 347.417 (1) or s. 347.475 or s. 347.48 (2m) or (4) or s. 347.489, may be required to forfeit not less than $10 nor more than $200.

SB301, s. 175 Section 175. The treatment of 348.21 (3) (intro.) of the statutes by 2005 Wisconsin Act 167 is not repealed by 2005 Wisconsin Act 364. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 348.21 (3) (intro.) reads: