AB573: Bill Text

(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 of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 174.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 The treatment of 447.05 of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 104.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:

(a) For receiving and disbursing maintenance, child support, or family support payments, including payments in arrears, and for maintaining the records required under sub. (1) (c), the department or its designee shall collect an annual fee of $65 from a party ordered to make payments. The court shall order each party ordered to make payments to pay the fee in each year for which payments are ordered or in which an arrearage in any of those payments is owed. In directing the manner of payment, the court shall order that the fee be withheld from income and sent to the department or its designee, as provided under s. 767.75. Fees under this paragraph shall be deposited in the appropriation account under s. 20.445 (3) (ja). At the time of ordering payment of the fee, the court shall notify each party ordered to make payments of the requirement to pay, and the amount of, the fee. If the fee under this paragraph is not paid when due, the department or its designee may not deduct the fee from any maintenance, child or family support, or arrearage payment, but may move the court for a remedial sanction under ch. 785.

AB573, s. 192 Section 192. The treatment of 767.57 (1e) (a) of the statutes by 2007 Wisconsin Act 20, section 3735, 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. 767.57 (1e) (a) reads:

(a) For receiving and disbursing maintenance, child support, or family support payments, including payments in arrears, and for maintaining the records required under sub. (1) (c), the department or its designee shall collect an annual fee of $65 from a party ordered to make payments. The court shall order each party ordered to make payments to pay the fee in each year for which payments are ordered or in which an arrearage in any of those payments is owed. In directing the manner of payment, the court shall order that the fee be withheld from income and sent to the department or its designee, as provided under s. 767.75. Fees under this paragraph shall be deposited in the appropriation account under s. 20.437 (2) (ja). At the time of ordering payment of the fee, the court shall notify each party ordered to make payments of the requirement to pay, and the amount of, the fee. If the fee under this paragraph is not paid when due, the department or its designee may not deduct the fee from any maintenance, child or family support, or arrearage payment, but may move the court for a remedial sanction under ch. 785.

AB573, s. 193 Section 193. 801.52 of the statutes, as affected by 2007 Wisconsin Act 1, is amended to read:

AB573,72,13 801.52 Discretionary change of venue. The court may at any time, upon its own motion, the motion of a party or the stipulation of the parties, change the venue to any county in the interest of justice or for the convenience of the parties or witnesses, except that venue in a civil action to impose a forfeiture for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, may be changed only as provided in s. 971.223 (1) and (2) or in the same manner that is authorized for a change in the venue of a criminal trial under s. 971.22. This section does not apply to proceedings under ch. 980.

Note: Inserts missing article.

AB573, s. 194 Section 194. 804.05 (3) (b) 5. of the statutes, as affected by 2007 Wisconsin Act 97, is amended to read:

AB573,73,2 804.05 (3) (b) 5. In this subsection, the terms "defendant" and "plaintiff" include officers, directors, and managing agents of corporate defendants and corporate plaintiffs, or other persons designated under sub. (2) (e), as appropriate. A defendant who asserts a counterclaim or a cross claim shall not be considered a plaintiff within the meaning of this subsection, but a 3rd-party plaintiff under s. 803.05 (1) shall be so considered with respect to the 3rd-party defendant.

Note: The underscored comma was deleted by 2007 Wis. Act 97 without being shown as stricken. No change was intended.

AB573, s. 195 Section 195. 809.19 (6) (c) 2. of the statutes is amended to read:

AB573,73,12 809.19 (6) (c) 2. The front and back covers of the combined brief shall be gray. The appellant portion of the combined brief shall comply with the requirements of sub. (4) for a reply brief, including the length limitation for such a brief set forth in sub. (8) (c) 1 2. The cross-respondent portion of the combined brief shall comply with the requirements of sub. (3) for a respondent's brief, including the length limitation for such a brief set forth in sub. (8) (c) 1., except that the requirement of sub. (1) (c) may be omitted, the cross-respondent portion of the combined brief shall be preceded by a blank red cover, and a signature shall be required only at the conclusion of the cross-respondent portion of the combined brief.

Note: Inserts the correct cross-reference. Reply brief page length is governed by s. 809.19 (8) (c) 2.

AB573, s. 196 Section 196. 809.30 (2) (L) (title) of the statutes is created to read:

AB573,73,14 809.30 (2) (L) (title) Appeals under s. 974.06 or 974.07.

Note: The other paragraphs in s. 809.30 (2) have titles.

AB573, s. 197 Section 197. 809.62 (2) (c) of the statutes is amended to read:

AB573,73,18 809.62 (2) (c) A concise statement of the criteria of sub. (1) (1r) relied upon to support the petition, or in the absence of any of the criteria, a concise statement of other substantial and compelling reasons for review.

Note: The list of criteria previously numbered s. 809.62 (1) (a) to (e) was renumbered s. 809.63 (1r) (a) to (e) by Supreme Court Order 04-08, and s. 809.63 (1r) (a) to (e) is renumbered s. 809.62 (1r) (a) to (e) by this bill.

AB573, s. 198 Section 198. 809.63 (1r) (a) to (e) of the statutes, as affected by Supreme Court Order 04-08, are renumbered 809.62 (1r) (a) to (e).

Note: Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. Supreme Court Order 04-08 inserted new material ahead of the former s. 809.62 (1) and moved material introductory to former s. 809.62 (1) (a) to (e) to a new s. 809.62 (1r) (intro.), but inadvertently renumbered s. 809.62 (1) (a) to (e) to s. 809.63 (1r) (a) to (e).

AB573, s. 199 Section 199. 846.101 (2) of the statutes is amended to read:

AB573,74,10 846.101 (2) When plaintiff so elects, judgment shall be entered as provided in this chapter, except that no judgment for deficiency may be ordered therein nor separately rendered against any party who is personally liable for the debt secured by the mortgage and the sale of such mortgaged premises shall be made upon the expiration of 6 months from the date when such judgment is entered. Notice of the time and place of sale shall be given under ss. 815.31 and 846.16 within such 6-months 6-month period except that first printing of a copy of such notice in a newspaper shall not be made less than 4 months after the date when such judgment is entered.

Note: Corrects spelling. The corrected spelling is printed in the 2007-08 Statutes.

AB573, s. 200 Section 200. 854.17 of the statutes, as affected by 2005 Wisconsin Acts 216 and 387, is amended to read:

AB573,74,16 854.17 Marital property classification; ownership and division of marital property at death. 54 and Classification of the property of a decedent spouse and surviving spouse, and ownership and division of that property at the death of a spouse, are determined under ch. 766 and s. 861.01.

Note: The stricken language was inserted by 2005 Wis. Act 387, but rendered surplusage by 2005 Wis. Act 216.

AB573, s. 201 Section 201. 895.51 (1) (bm) of the statutes, as created by 2007 Wisconsin Act 79, is renumbered 895.51 (1) (dr).