AB573: Bill Text

(cm) Decertify law enforcement, tribal law enforcement, jail or 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 children and families 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 children and families 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).

AB573, s. 134 Section 134. 183.0906 (1) to (4) of the statutes are renumbered 183.0906 (1m) (a) to (d).

Note: Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. 2007 Wis. Act 133 renumbered s. 183.0906 (intro.) to s. 183.0906 (1m) (intro.) but did not renumber the subsequent subsections, resulting in an incorrect numbering scheme.

AB573, s. 135 Section 135. 196.374 (5) (bm) 1. of the statutes, as affected by 2005 Wisconsin Act 141, is amended to read:

AB573,53,7 196.374 (5) (bm) 1. The commission shall commence a proceeding for for creating a proposal for allocating within different classes of customers an equitable distribution of the recovery of the amounts under par. (a) by all energy utilities. The purpose of the allocation is to ensure that customers of an energy utility within a particular class are treated equitably with respect to customers of other energy utilities within the same class. No later than December 31, 2008, the commission shall submit the proposal to the governor and chief clerk of each house of the legislature for distribution to the appropriate standing committees of the legislature under s. 13.172 (3).

Note: Deletes unnecessary repeated word inserted by 2005 Wis. Act 141.

AB573, s. 136 Section 136. 233.04 (10) of the statutes, as affected by 2007 Wisconsin Acts 109 and 130, is amended to read:

AB573,53,12 233.04 (10) 255.35 If Children's Hospital and Health System ceases to operate a poison control center under s. 255.35, administer a statewide poison control program.

Note: The stricken "255.35" was inserted by 2007 Wis. Act 130 but was rendered surplusage by the treatment by 2007 Wis. Act 109.

AB573, s. 137 Section 137. 251.20 (3) of the statutes is amended to read:

AB573,53,17 251.20 (3) Additional required services for Level II and Level III local health departments under s. 251.05 (2) (b) and (c), including services that DHFS the department of health services determines appropriately address objectives or services specified in the most recent public health agenda t under s. 250.07 (1) (a).

Note: A letter was inadvertently not stricken by 2005 Wis. Act 198. The "t" is not printed in the 2007-08 Statutes. Consistent with current style, a department abbreviation is replaced with the current department name.

AB573, s. 138 Section 138. The treatment of 253.15 (8) of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 96. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 253.15 (8) reads:

(8) Identification of shaken or impacted babies. The department of health services shall identify all infants and young children who have shaken baby syndrome or who are impacted babies and all infants and young children who have died as a result of being shaken or thrown by using the statewide automated child welfare information system established under s. 48.47 (7g) and child fatality information compiled by the department of justice. For each infant or young child so identified, the department of health services shall document the age, sex, and other characteristics of the infant or young child that are relevant to the prevention of shaken baby syndrome and impacted babies and, if known, the age, sex, employment status, and residence of the person who shook or threw the infant or young child, the relationship of that person to the infant or young child, and any other characteristics of that person that are relevant to the prevention of shaken baby syndrome and impacted babies.

AB573, s. 139 Section 139. 254.47 (6) of the statutes, as created by 2007 Wisconsin Act 104, is amended to read:

AB573,54,9 254.47 (6) Before serving as a lifeguard at a public swimming pool or a recreational and educational camp or as an on-site health services staff member at a recreational and educational camp, an individual shall have proficiency in the use of an automated external defibrillator, as defined in s. 146.50 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education achieved through instruction approved under s. 46.03 (38) to provide such instruction.

Note: Corrects cross-reference. Section 146.50 (1) (cr) was renumbered s. 256.15 (1) (cr) by 2007 Wis. Act 130.

AB573, s. 140 Section 140. 254.59 (7) (title) of the statutes, as created by 2007 Wisconsin Act 130, is repealed.

Note: No other subsections in s. 254.59 have titles.

AB573, s. 141 Section 141. 281.344 (1) (wp) 2. of the statutes, as created by 2007 Wisconsin Act 227, is amended to read:

AB573,54,16 281.344 (1) (wp) 2. For a system for providing a public water supply, the equipment from the point of intake of the water to the first point at which the water is distributed.

Note: Inserts "the" consistent with s. 281.344 (1) (wp) 1.

AB573, s. 142 Section 142. 281.346 (1) (wp) 2. of the statutes, as created by 2007 Wisconsin Act 227, is amended to read:

AB573,55,5 281.346 (1) (wp) 2. For a system for providing a public water supply, the equipment from the point of intake of the water to the first point at which the water is distributed.

Note: Inserts "the" consistent with s. 281.346 (1) (wp) 1.

AB573, s. 143 Section 143. 281.346 (5e) (c) 2. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB573,55,18 281.346 (5e) (c) 2. Beginning on December 8, 2011, except as provided in subd. 3., the department may not approve a water supply service area plan under s. 281.348 that provides for increasing, before December 8, 2021, the amount of a withdrawal that is covered under an individual permit issued under s. sub. (5) if after the increase the withdrawal would equal 10,000,000 or more gallons per day for any 30 consecutive days over the baseline, or, if the department issued a modified permit for the withdrawal and the modification was subject to the compact decision-making standard under sub. (6), the withdrawal would equal 10,000,000 gallons per day for any 30 consecutive days over the withdrawal amount as of the date that the department issued that modified permit, unless the increased withdrawal meets the compact decision-making standard under sub. (6).

Note: Deletes unnecessary "s." The change was printed in the 2007-08 Statutes and is confirmed here.

AB573, s. 144 Section 144. 281.346 (9) (d) 1. of the statutes, as created by 2007 Wisconsin Act 227, is amended to read:

AB573,56,8 281.346 (9) (d) 1. The department shall provide an opportunity for any interested person or group of persons, any affected local governmental unit, or any state agency to request a public hearing with respect to a proposal for which the department receives an application under to which par. (b) 1. applies or on a proposed general permit under sub. (4s) (a). A request for a public hearing shall be filed with the department within 30 days after the department gives notice under par. (b). The party filing a request for a public hearing shall indicate the interest of the party and the reasons why a hearing is warranted. The department shall hold a public hearing on a proposal for which the department receives an application to which par. (b) 1. applies or on a proposed general permit under sub. (4s) (a) if the department determines that there is a significant public interest in holding a hearing.

Note: Deletes unnecessary word.

AB573, s. 145 Section 145. 281.346 (11) (a) 2. of the statutes, as created by 2007 Wisconsin Act 227, is amended to read:

AB573,56,13 281.346 (11) (a) 2. The department shall create the water resources inventory under subd. 1. no later than June 1, 2014, or the first day of the 60th month beginning after the compact's effective date, whichever is later.

Note: Inserts missing comma.

AB573, s. 146 Section 146. 281.35 (1) (d) of the statutes is amended to read:

AB573,56,16 281.35 (1) (d) "Great Lakes basin" means the watershed of the Great Lakes and the St. Lawrence River upstream from Trois Rivieres Trois-Rivieres, Quebec.

Note: Corrects spelling.

AB573, s. 147 Section 147. 281.35 (4) (a) 4. of the statutes, as created by 2007 Wisconsin Act 227, is amended to read:

AB573,56,21 281.35 (4) (a) 4. A person to whom a permit under s. 281.244 281.344 (5) or 281.346 (5) has been issued or who is required to obtain a permit under one of those provisions before beginning or increasing a withdrawal.

Note: Inserts correct cross-reference. There is no s. 281.244.

AB573, s. 148 Section 148. 281.35 (5) (d) 2. of the statutes is amended to read:

AB573,57,4 281.35 (5) (d) 2. That the proposed withdrawal does not conflict with any applicable plan for future uses of the waters of the state, including plans developed under ss. 281.12 (1) and 283.83 and any water quantity resources plan prepared under sub. (8).

Note: Section 281.35 (8) was repealed by 2007 Wis. Act 227.

AB573, s. 149 Section 149. 281.48 (5p) (title) of the statutes is created to read:

AB573,57,6 281.48 (5p) (title) Limit on local regulation.

Note: The remaining subsections in s. 281.48 have titles.

AB573, s. 150 Section 150. 281.49 (10) (title) of the statutes is created to read:

AB573,57,8 281.49 (10) (title) Septage disposal fees.

Note: The remaining subsections in s. 281.49 have titles.

AB573, s. 151 Section 151. 281.69 (1b) (ag) of the statutes is amended to read:

AB573,57,10 281.69 (1b) (ag) In this section, "lake" "Lake" includes a flowage.

Note: Deletes language repeated from s. 281.69 (1b) (intro.).

AB573, s. 152 Section 152. 285.48 (4) (b) of the statutes, as affected by 2005 Wisconsin Act 141, is amended to read:

AB573,57,15 285.48 (4) (b) The implementation of low-income weatherization and energy conservation measures, including programs established under s. 16.957 (2) (a) or (b) or programs under s. 196.374.

Note: Section 16.957 (2) (b) was repealed eff. 7-1-07 by 2005 Wis. Act 141.

AB573, s. 153 Section 153. The treatment of 301.45 (1d) (b) of the statutes by 2007 Wisconsin Act 80 is not repealed by 2007 Wisconsin Act 116. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau s. 301.45 (1d) (b) reads:

(b) "Sex offense" means a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.051, 948.055, 948.06, 948.07 (1) to (4), 948.075, 948.08, 948.085, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13, or 948.30, of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies, or of s. 940.30 or 940.31 if the victim was a minor and the person who committed the violation was not the victim's parent.

AB573, s. 154 Section 154. 301.46 (4) (a) 10m. of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB573,58,3 301.46 (4) (a) 10m. The department of children and families.

Note: Inserts missing word.

AB573, s. 155 Section 155. 301.48 (2) (b) 2. of the statutes, as affected by 2007 Wisconsin Acts 20 and 96, is amended to read:

AB573,58,8 301.48 (2) (b) 2. A court discharges the person under s. 980.10, 2003 stats. or s. 980.09 (4). This subdivision does not apply if the person was on supervised release immediately before being discharged.

Note: 2007 Wis. Act 20 deleted the cross-reference to s. 980.10 from this provision. 2007 Wis. Act 96, a correction bill, changed the location of the cross-reference within the provision to conform to current style and allow for proper electronic linking but without taking the treatment of Act 20 into account and without intending to recreate a deleted cross-reference.

AB573, s. 156 Section 156. The treatment of 301.48 (3) (c) of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 96. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 301.48 (3) (c) reads:

(c) For each person who is subject to global positioning system tracking under this section, the department shall create individualized exclusion and inclusion zones for the person, if necessary to protect public safety. In creating exclusion zones, the department shall focus on areas where children congregate, with perimeters of 100 to 250 feet, and on areas where the person has been prohibited from going as a condition of probation, extended supervision, parole, conditional release, supervised release, or lifetime supervision. In creating inclusion zones for a person on supervised release, the department shall consider s. 980.08 (9).

AB573, s. 157 Section 157. 321.40 (5) (b) of the statutes, as affected by 2007 Wisconsin Act 200, is amended to read:

AB573,59,2 321.40 (5) (b) If the U.S. congress establishes an active draft after July 1, 1977, no new tuition grants may be authorized under this section. The department shall determine if an active draft has been established. Any termination of the tuition grant program under this paragraph shall allow persons receiving grants prior to the establishment of an active draft to receive full benefits subject to sub. (4) (3) (d) and par. (a).

Note: Corrects cross-reference. There is no s. 321.40 (4) (d). 2007 Wis. Act 200 renumbered s. 21.49 (3) to s. 321.40 (3), and renumbered s. 21.49 (4) to s. 321.40 (5) but changed the cross-reference to "sub. (3) (d)" in s. 21.49 (4) (b) to "sub. (4) (d)" in s. 321.40 (5) (b).

AB573, s. 158 Section 158. 321.40 (6) (d) of the statutes, as created by 2007 Wisconsin Act 200, is renumbered 321.40 (5) (d).

Note: There are no other paragraphs in s. 321.40 (6). Section 321.40 (5) lists limitations on tuition grants and s. 321.40 (6) (d) is also a limitation on tuition grants.

AB573, s. 159 Section 159. 322.0587 (4) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB573,59,11 322.0587 (4) If the sentence of a member who forfeits pay and allowances under sub. (1) is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in sub. (1) (b) (2), the member shall be paid the pay and allowances that the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.

Note: Corrects cross-reference. There is no s. 322.0587 (1) (b). Punishments are under s. 322.0587 (2).

AB573, s. 160 Section 160. 322.0767 (1) (c) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB573,60,3 322.0767 (1) (c) Upon receiving a report under s. 971.17 971.14 (5) (b), the court-martial shall make a determination as to whether the person has become competent. If the court-martial determines that the defendant has become competent, the court-martial shall terminate the commitment to the department of health services and resume the general court-martial. If the court-martial determines that the person is making sufficient progress toward becoming competent, the commitment shall continue. If the court-martial determines that the person is not likely to become competent to proceed in the time period specified under s. 971.14 (5) (a), the court-martial shall suspend or terminate the commitment order under this subsection.

Note: Corrects cross-reference. There is no s. 971.17 (5) (b). Section 971.14 (5) (b) provides for reexamination and reports regarding a person initially determined to be incompetent to stand trial.

AB573, s. 161 Section 161. 341.47 (3) of the statutes, as affected by 2007 Wisconsin Act 175, is amended to read:

AB573,60,14 341.47 (3) A vehicle which that is being transported in tow on its own wheels or under its own power from a distributor, a dealer, the manufacturer, or a branch of the manufacturer to the purchaser, or from any location to a distributor, a dealer, the manufacturer, or a branch of the manufacturer, by a transporter of vehicles who is a 3rd party with no ownership interest in the vehicle, need not be registered if such vehicle has displayed upon it valid registration plates issued to the transporter pursuant to s. 341.51. The requirement under this subsection that the vehicle be transported in tow on its own wheels or under its own power does not apply to trailers, semitrailers, or truck tractors.

Note: "The" was deleted by 2007 Wis. Act 175 without being shown as stricken. No change was intended.

AB573, s. 162 Section 162. 342.16 (1) (a) of the statutes is amended to read:

AB573,61,17 342.16 (1) (a) Except as provided in par. (c), if a dealer acquires a new or used vehicle that is not a salvage vehicle and holds it for resale, or acquires a salvage vehicle that is currently titled as a salvage vehicle and holds it for resale or accepts a vehicle for sale on consignment, the dealer may not submit to the department the certificate of title or application for certificate of title naming the dealer as owner of the vehicle. Upon transferring the vehicle to another person, the dealer shall immediately give the transferee on a form prescribed by the department a receipt for all title, registration, security interest and sales tax moneys paid to the dealer for transmittal to the department when required. The dealer shall promptly execute the assignment and warranty of title, showing the name and address of the transferee and of any secured party holding a security interest created or reserved at the time of the resale or sale on consignment, in the spaces provided therefor on the certificate or as the department prescribes. Within 7 business days following the sale or transfer, the dealer shall process the application for certificate of title, and within the next business day after processing the application, the dealer shall mail or deliver the original application for certificate and all associated materials required by the department to the department. A nonresident who purchases a motor vehicle from a dealer in this state may not, unless otherwise authorized by rule of the department, apply for a certificate of title issued for the vehicle in this state unless the dealer determines that a title is necessary to protect the interests of a secured party. The dealer is responsible for determining whether a title and perfection of security interest is required. The dealer is liable for any damages incurred by the department or any secured party for the dealer's failure to perfect a security interest which the dealer had knowledge of at the time of sale.

Note: The underscored period was inadvertently deleted by 2005 Wis. Act 25. The period is printed in the 2007-08 Statutes.

AB573, s. 163 Section 163. 343.14 (2) (br) of the statutes, as affected by 2007 Wisconsin Act 20, sections 3243 and 3244b, is repealed and recreated to read:

AB573,62,2 343.14 (2) (br) If the applicant does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A license that is issued or renewed under s. 343.17 in reliance on a statement submitted under this paragraph is invalid if the statement is false.

Note: 2007 Wis. Act 20, section 3244b, amended s. 343.14 (2) (br), as affected by 2007 Wis. Act 20, section 3243. Section 3244b changed a reference to the department of workforce development to be a reference to the department of children and families, while section 3243 made various changes related to implementing the federal REAL ID act. Section 3244b took effect on 7-1-08; however, section 3243 has not taken effect, because its effective date is contingent upon an event that has not yet occurred. (See section 9448 (1) of Act 20 for the effective date.) This Section repeals and recreates the provision so that it reflects the changes made by section 3244b, but not the changes made by section 3243, effective immediately. The following Section amends the provision, as affected by this Section, so that it reflects the changes made by section 3243, effective on the date that section 3243 takes effect or on the day after publication of this bill, whichever is later.

AB573, s. 164 Section 164. 343.14 (2) (br) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read: