AB573: Bill Text

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s. 163 Section 163. 343.14 (2) (br) of the statutes, as affected by 2007 Wisconsin Act 20, sections 3243 and 3244b, is repealed and recreated to read: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

AB573,62,14 343.14 (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 and is not eligible for a social security number. The statement shall provide the basis or reason that the applicant is not eligible for a social security number, as well as any information requested by the department that may be needed by the department for purposes of verification under s. 343.165 (1) (c). The form of the statement shall be prescribed by the department, with the assistance of 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: See the note following the preceding Section.

AB573, s. 165 Section 165. The treatment of 343.235 (3) (a) of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 27. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective as of the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under s. 85.515 (2) (b), s. 343.235 (3) (a) reads:

(a) A law enforcement agency, a state authority, a district attorney, a driver licensing agency of another jurisdiction, a federal governmental agency, or the commission to perform a legally authorized function.

AB573, s. 166 Section 166. The treatment of 343.50 (3) of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 106. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective as of the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under s. 85.515 (2) (b), of 2007 Wis. Act 20, section 3378, s. 343.50 (3) reads:

(3) Design and contents of card. The card shall be the same size as an operator's license but shall be of a design which is readily distinguishable from the design of an operator's license and bear upon it the words "IDENTIFICATION CARD ONLY." The information on the card shall be the same as specified under s. 343.17 (3). If the issuance of the card requires the applicant to present any documentary proof specified in s. 343.14 (2) (es) 4. to 7., the card shall display, on the front side of the card, a legend identifying the card as temporary. The card shall contain physical security features consistent with any requirement under federal law. The card may serve as a record of gift under s. 157.06 (2) (t) and the holder may affix a sticker thereto as provided in s. 343.175 (3). The card may also serve as a record of refusal under s. 157.06 (2) (u). The card shall contain the holder's photograph and, if applicable, shall be of the design specified under s. 343.17 (3) (a) 12.

AB573, s. 167 Section 167. The treatment of 343.50 (8) (b) of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 106. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08 (see Section 229 of this bill), s. 343.50 (8) (b) reads:

(b) The department may not disclose any record or other information concerning or relating to an applicant or identification card holder to any person other than a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, driver licensing agency of another jurisdiction, a procurement organization as provided in sub. (4m) (a), the applicant or identification card holder or, if the applicant or identification card holder is under 18 years of age, his or her parent or guardian. Except for photographs for which disclosure is authorized under s. 343.237, persons entitled to receive any record or other information under this paragraph shall not disclose the record or other information to other persons or agencies. This paragraph does not prohibit the disclosure of a person's name or address, of the name or address of a person's employer or of financial information that relates to a person when requested under s. 49.22 (2m) by the department of children and families or a county child support agency under s. 59.53 (5).

AB573, s. 168 Section 168. 343.71 (1m) (b) of the statutes is amended to read:

AB573,64,6 343.71 (1m) (b) A file containing a copy of every agreement required under this paragraph. No driver school or instructor may provide lessons, lectures, tutoring or other services relating to instructions in the operation of motor vehicles unless a written agreement in a form approved by the department has been executed by the school and either the student if the student is at least 18 years of age or, if the student is under 18 years of age, the student's parent or legal guardian. The s driver school shall give the student, or the parent or guardian if the student is under 18 years of age, the original agreement and shall retain and preserve a duplicate copy of the agreement.

Note: A letter was inadvertently not stricken by 2005 Wis. Act 397. The "s" is not printed in the 2007-08 Statutes.

AB573, s. 169 Section 169. 346.65 (2c) of the statutes, as affected by 2007 Wisconsin Act 111, is amended to read:

AB573,64,14 346.65 (2c) In sub. (2) (am) 2., 3., 4., 5., 6., and 7., the time period shall be measured from the dates of the refusals or violations that resulted in the revocation or convictions. If a person has a suspension, revocation, or conviction for any offense under a local ordinance or a state statute of another state that would be counted under s. 343.307 (1), that suspension, revocation, or conviction shall count as a prior suspension, revocation, or conviction under sub. (2) (am) 2., 3., 4., 5., 6., and 7.

Note: Inserts necessary period. The change is printed in the 2007-08 Statutes.

AB573, s. 170 Section 170. 348.01 (2) (ax) of the statutes, as created by 2007 Wisconsin Act 16, is amended to read:

AB573,64,18 348.01 (2) (ax) "Forestry biomass" has the meaning given in s. 26.385 (1) means byproducts and waste generated by the practice of forestry on forestry lands.

Note: Section 26.385 was repealed by 2007 Wis. Act 20. The definition contained in s. 26.385 (1), 2005 stats., replaces the cross-reference to that provision.

AB573, s. 171 Section 171. The treatment of 348.21 (3g) (intro.) of the statutes by 2007 Wisconsin Act 20, section 3435m, is not repealed by 2007 Wisconsin Act 97, section 178. Both treatments stand.

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

(3g) Any person who, while operating a vehicle combination that is transporting raw forest products, violates s. 348.15 or 348.16 or any weight limitation posted as provided in s. 348.17 (1) or in a declaration issued under s. 348.175 or authorized in an overweight permit issued under s. 348.26 or 348.27 may be penalized as follows:

AB573, s. 172 Section 172. The treatment of 440.91 (1) (c) 1. of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 174. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-09, s. 440.91 (1) (c) 1. reads:

1. The renewal dates for licenses granted under par. (b) are specified in s. 440.08 (2) (a) and the renewal fees for such licenses are determined by the department under s. 440.03 (9) (a), except that a licensed cemetery authority is not required to renew its license if the cemetery authority sells less than 20 cemetery lots or mausoleum spaces at a cemetery during a calendar year, or that has less than $100,000 in trust fund accounts for a cemetery.

AB573, s. 173 Section 173. The treatment of 447.05 of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 104. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-09, s. 447.05 reads:

447.05 Expiration and renewal. Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a). The examining board may not renew a license to practice dentistry unless the applicant for renewal attests that he or she has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction. The examining board may not renew a license to practice dental hygiene unless the applicant for renewal attests that he or she has complied with s. 447.055 and any rules promulgated by the department under s. 447.055, that he or she has a current certification in cardiopulmonary resuscitation, and that he or she has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction.

AB573, s. 174 Section 174. 450.071 (1) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB573,66,5 450.071 (1) No person may engage in the wholesale distribution of a prescription drug in this state without obtaining a license from the board for each facility from which the person distributes prescription drugs. The board shall exempt a manufacturer that distributes prescription drugs or devises devices manufactured by the manufacturer from licensing and other requirements under this section to the extent the license or requirement is not required under federal law or regulation, unless the board determines that it is necessary to apply a requirement to a manufacturer.

Note: Corrects spelling.

AB573, s. 175 Section 175. 455.02 (2m) (L) of the statutes is amended to read:

AB573,66,14 455.02 (2m) (L) A mental health professional who has met all of the qualifications under s. HFS DHS 61.96, Wis. Adm. Code, for employment as a mental health professional in an outpatient psychotherapy clinic certified by the department of health services under s. HFS DHS 61.95, Wis. Adm. Code, if the person is performing activities that are a part of the duties for which he or she is employed by such a certified outpatient psychotherapy clinic and is performing those activities solely within the confines of or under the jurisdiction of the clinic by which he or she is employed.

Note: The "HFS" administrative code was renumbered "DHS" by the legislative reference bureau under s. 13.92 (4) (b) 1. to reflect the name change of the Department of Health and Family Services to the Department of Health Services. The change is printed in the 2007-08 Statutes.

AB573, s. 176 Section 176. 457.02 (6) (b) 2. of the statutes is amended to read:

AB573,66,22 457.02 (6) (b) 2. The person is a mental health professional who meets all of the qualifications under s. HFS DHS 61.96, Wis. Adm. Code, for employment as a mental health professional in an outpatient psychotherapy clinic certified by the department of health services under s. HFS DHS 61.95, Wis. Adm. Code, if the person's practice of psychotherapy is a part of the duties for which he or she is employed by such a clinic and the person practices psychotherapy solely within the confines of or under the jurisdiction of the clinic.

Note: The "HFS" administrative code was renumbered "DHS" by the legislative reference bureau under s. 13.92 (4) (b) 1. to reflect the name change of the Department of Health and Family Services to the Department of Health Services. The change is printed in the 2007-08 Statutes.

AB573, s. 177 Section 177. 461.02 (2) (d) and (e) of the statutes, as created by 2007 Wisconsin Act 189, are amended to read:

AB573,67,5 461.02 (2) (d) A statement of ownership, which shall include the name and business experience of every controlling person, as defined in s. 460.01 461.01 (3) (a), of the applicant.

AB573,67,8 (e) A statement of management, which shall include the name and business experience of every controlling person, as defined in s. 460.01 461.01 (3) (b), of the applicant.

Note: Inserts correct cross-reference. There is no s. 460.01 (3) (a) or (b). "Controlling person," is defined in s. 461.01 (3) as follows:

(3) "Controlling person" means any of the following:

(a) A person who, individually or acting in concert with one or more other persons, owns or controls, directly or indirectly, 25 percent or more of the ownership interest of an applicant or registrant.

(b) A person who serves as president or chief executive officer of an applicant or registrant or who otherwise has the authority to act as the senior executive officer of an applicant or registrant.

AB573, s. 178 Section 178. 551.102 (intro.) of the statutes, as affected by 2007 Wisconsin Act 196, is amended to read:

AB573,67,12 551.102 Definitions. (intro.) In this Chapter chapter, unless the context otherwise requires:

Note: Capitalization is conformed to current style. The change is printed in the 2007-08 Statutes.

AB573, s. 179 Section 179. 551.304 (2) (intro.) of the statutes, as affected by 2007 Wisconsin Act 196, is amended to read:

AB573,68,2 551.304 (2) Required records. (intro.) A registration statement under this section must contain the information or records specified in s. 551.305, a consent to service of process complying with s. 551.611, and, if required by rule adopted under this chapter, any, or any combination, of, the following information or records:

Note: Moves comma for proper sentence structure.

AB573, s. 180 Section 180. 551.613 (5) (intro.) of the statutes, as affected by 2007 Wisconsin Act 196, is amended to read:

AB573,68,15 551.613 (5) Publications, radio, television, or electronic communications. (intro.) An offer to sell or to purchase is not made in this state when a publisher circulates or there is circulated on the publisher's behalf in this state a bona fide newspaper or other publication of general, regular, and paid circulation that is not published in this state, or that is published in this state but has had more than two-thirds of its circulation outside this state during the previous 12 months, or when a radio or television program or other electronic communication originating outside this state is received in this state. A radio, or television program, or other electronic communication is considered as having originated in this state if either the broadcast studio or the originating source of transmission is located in this state, unless any of the following apply:

Note: Makes phrase consistent with that contained in the previous sentence and s. 551.613 (5) (a) to (d), as affected by 2007 Wis. Act 196.

AB573, s. 181 Section 181. 560.137 (title) and (1) (intro.) of the statutes are repealed.

Note: The remainder of s. 560.137 was renumbered to s. 560.138 or 560.139 or repealed by 2007 Wis. Act 125, rendering s. 560.137 (title) and (1) (intro.) surplusage.

AB573, s. 182 Section 182. 560.35 (1) (a) to (d) of the statutes are renumbered 560.29 (2) (a) 1. to 4.

Note: 2007 Wis. Act 20 renumbered s. 560.35 (1) (intro.) to 560.29 (2) (a) (intro.) and renumbered the remainder of s. 560.35 to s. 560.29 (2) but did not treat s. 560.35 (1) (a) to (d).

AB573, s. 183 Section 183. 560.837 (title) of the statutes is repealed.

Note: The remainder of the section was renumbered to s. 560.82 (1m) (d) and (e) by 2007 Wis. Act 125.

AB573, s. 184 Section 184. The treatment of 560.85 (3) (a) of the statutes by 2007 Wisconsin Act 96 is not repealed by 2007 Wisconsin Act 125. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 560.85 (3) (a) reads:

(a) Develop procedures to evaluate applications and monitor project performance for grants awarded for early planning projects under s. 560.835 (6), 2001 stats., or s. 560.82 (1m) (a).

AB573, s. 185 Section 185. The treatment of 628.10 (2) (c) of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 169. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 628.10 (2) (c) reads:

(c) For failure to pay support or to comply with subpoena or warrant. The commissioner shall suspend or limit the license of an intermediary who is a natural person, or a temporary license of a natural person under s. 628.09, if the natural person is delinquent in 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 if the natural person fails 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, as provided in a memorandum of understanding entered into under s. 49.857. A natural person whose license or temporary license is suspended under this paragraph who satisfies the requirements under this paragraph for which the license was suspended may have his or her license or temporary license reinstated by satisfactorily completing a reinstatement application and paying the application fee for original licensure as specified by rule.

AB573, s. 186 Section 186. 700.27 (2) (d) of the statutes is amended to read:

AB573,69,9 700.27 (2) (d) Disclaimer by a guardian or conservator. A guardian of the estate or a conservator appointed under ch. 880, 2003 stats., or ch. 54 may disclaim on behalf of his or her ward, with court approval, if the ward is entitled to disclaim under this section.

Note: Corrects cross-reference. Chapter 880 was renumbered to Chapter 54 by 2005 Wis. Act 387.

AB573, s. 187 Section 187. 701.20 (2) (L) 1. of the statutes is amended to read:

AB573,69,12 701.20 (2) (L) 1. A court-appointed guardian of a beneficiary who is adjudicated incompetent, as defined in s. 880.01 (4).

Note: Inserts the current terminology used to refer to incompetency after the revision of the guardianship statutes by 2005 Wis. Act 387.

AB573, s. 188 Section 188. 708.10 (2) (title) of the statutes is amended to read:

AB573,70,2 708.10 (2) (title) Loan fund dispersal disbursal.

Note: Corrects spelling.

AB573, s. 189 Section 189. 757.68 (1) of the statutes is amended to read:

AB573,70,16 757.68 (1) Subject to subs. (2m) to (5m), in every county organized for judicial purposes, the county board shall establish the number of circuit court commissioner positions necessary for the efficient administration of judicial business within the circuit courts of the county. The circuit court commissioners may be employed on a full-time or part-time basis. Chapter SCR chapter 75 of the supreme court rules shall govern the qualifications for, and appointment, supervision, training, evaluation, and discipline of, circuit court commissioners. Any person qualified and acting as a judicial court commissioner on August 1, 1978, shall be considered a circuit court commissioner and shall continue in the classified county civil service but any person appointed as a court commissioner after August 1, 1978, shall be in the unclassified civil service. Each circuit court commissioner shall take and file the official oath in the office of the clerk of the circuit court of the county for which appointed before performing any duty of the office.

Note: The citation form is amended to allow for electronic linking.

AB573, s. 190 Section 190. 767.35 (6) of the statutes is amended to read:

AB573,71,7 767.35 (6) Vacating or modifying divorce judgment as it affects marital status. So far as a judgment of divorce affects the marital status of the parties, the court may vacate or modify the judgment for sufficient cause shown, upon its own motion, or upon the application of both parties to the action, at any time within 6 months from the granting of the judgment., If the judgment is vacated it shall restore the parties to the marital relation that existed before the granting of the judgment. If a judgment of divorce is set aside under this subsection, the court shall order the record in the action impounded without regard to s. 767.13. After the record is impounded, the record may not be offered or admitted in whole or in part into evidence in any action or proceeding except by special order of the court of jurisdiction upon good cause shown in any paternity proceedings under this chapter or by special order of a court of record upon a showing of necessity to clear title to real estate.

Note: Deletes comma inadvertently retained by 2005 Wis. Act 443. The comma is not printed in the 2007-08 Statutes.

AB573, s. 191 Section 191. The treatment of 767.57 (1e) (a) of the statutes by 2007 Wisconsin Act 20, section 3734, 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. 767.57 (1e) (a) reads: