AB720: Bill Text

AB720, s. 51 Section 51. 91.86 (3) (a) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB720,24,13 91.86 (3) (a) (intro.) The department may not approve a petition requesting that it designate an area as an agricultural enterprising enterprise area unless the petition contains all of the following:

Note: Inserts correct term consistent with the remainder of s. 91.86.

AB720, s. 52 Section 52. 92.04 (2) (c) of the statutes is repealed.

Note: The repeal of s. 92.105 by 2009 Wis. Act 28 rendered this provision without effect. Section 92.04 (2) (c) reads as follows:

92.04 (2) (c) Review and approve soil and water conservation standards. The board shall review soil and water conservation standards prepared under s. 92.105. The board shall establish guidelines for the approval of these standards.

AB720, s. 53 Section 53. 101.123 (2) (a) 9. of the statutes, as affected by 2009 Wisconsin Act 12, is amended to read:

AB720,24,18 101.123 (2) (a) 9. All enclosed places, other than those listed in subds. 1. 1g. to 8r., that are places of employment or that are public places.

Note: Corrects cross-reference. Section 101.123 (2) (a) 1. was repealed by 2009 Wis. Act 12.

AB720, s. 54 Section 54. 101.65 (1m) of the statutes is amended to read:

AB720,25,6 101.65 (1m) May not issue a building permit to a person who is required to be certified under s. 101.654 unless that person, on applying for a building permit, produces a certificate of financial responsibility issued by the department or other evidence satisfactory to the department showing that the person is in compliance with s. 101.654.

Note: The stricken text was deleted and the underscored text was inserted by 2005 Wis. Act 200, but the change was erroneously not included in the 2007-08 statutes.

AB720, s. 55 Section 55. 101.654 (1) (a) of the statutes is amended to read:

AB720,25,12 101.654 (1) (a) Subject to par. (b), no person may obtain a building permit unless the person annually obtains from the department a certificate of financial responsibility showing that the person is in compliance with sub. (2), completes the continuing education requirements described under sub. (1m), and furnishes to the issuer of the permit proof of completion of those continuing education requirements.

Note: The underscored text was inserted by 2005 Wis. Act 200, but the change was erroneously not included in the 2007-08 statutes.

AB720, s. 56 Section 56. 103.49 (1) (bj) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB720,25,20 103.49 (1) (bj) "Minor service and or maintenance work" means a project of public works that is limited to minor crack filling, chip or slurry sealing, or other minor pavement patching, not including overlays, that has a projected life span of no longer than 5 years cleaning of drainage or sewer ditches or structures; or any other limited, minor work on public facilities or equipment that is routinely performed to prevent breakdown or deterioration.

Note: Matches the term contained in a definition to the term actually used in the statute.

AB720, s. 57 Section 57. 111.91 (1) (cg) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB720,26,5 111.91 (1) (cg) The representative of home care providers in the collective bargaining unit specified under s. 118.825 111.825 (2g) may not bargain collectively with respect to any matter other than wages and fringe benefits.

Note: Corrects cross-reference. There is no s. 118.825 (2g). Section 111.825 (2g) relates to a collective bargaining unit for home care providers.

AB720, s. 58 Section 58. 118.40 (2r) (f) of the statutes, as created by 2009 Wisconsin Act 28, is renumbered 118.40 (2r) (fm).

Note: A provision numbered s. 118.40 (2r) (f) previously existed.

AB720, s. 59 Section 59. 146.82 (2) (a) 18m. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB720,27,5 146.82 (2) (a) 18m. If the subject of the patient health care records is a child or juvenile who has been placed in a foster home, group home, residential care center for children and youth, or juvenile correctional facility, including a placement under s. 48.205, 48.21, 938.205, or 938.21, or for whom placement in a foster home, group home, residential care center for children and youth, or juvenile correctional facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the child or juvenile, or to an agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements, to the foster parent of the child or juvenile or the operator of the group home, residential care center for children and youth, or juvenile correctional facility in which the child or juvenile is placed, as provided in s. 48.371 or 938.371.

Note: Inserts missing commas.

AB720, s. 60 Section 60. The treatment of 165.755 (1) (b) of the statutes by 2009 Wisconsin Act 12 is not repealed by 2009 Wisconsin Act 28. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau under s. 13.92 (2) (i), effective 7-5-10, s. 165.755 (1) (b) reads:

(b) A court may not impose the crime laboratories and drug law enforcement surcharge under par. (a) for a violation of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).

AB720, s. 61 Section 61. 196.374 (3) (b) 2. (intro.) of the statutes is amended to read:

AB720,27,18 196.374 (3) (b) 2. (intro.) The commission shall require each energy utility to spend 1.2 percent of its annual operating revenues to fund the utility's programs under sub. (2) (b) 1., the utility's ordered programs, the utility's share of the statewide energy efficiency and renewable resource programs under sub. (2) (a) 1., and the utility's share, as determined by the commission under sub. (3) (b) subd. 4., of the costs incurred by the commission in administering this section. Subject to approval under subd. 3., the commission may require each energy utility to spend a larger percentage of its annual operating revenues to fund these programs and costs. The commission may make such a requirement based on the commission's consideration of all of the following:

Note: Corrects citation form.

AB720, s. 62 Section 62. 196.497 (11) (b) of the statutes is amended to read:

AB720,28,10 196.497 (11) (b) Referral to standing committees. Each presiding officer shall refer the technical revision to one standing committee within 7 working days after the day on which the revision is received unless the revision is received on or after November 1 of an even-numbered year. If a revision is received on or after November 1 of an even-numbered year, each presiding officer shall refer the revision to one standing committee within 7 days after the first day of the next regular session of the legislature. Each presiding officer shall cause a statement to appear in the journal of the appropriate house that a technical revision to an agreement approved under sub. (6) (10) is submitted for review.

Note: Corrects cross-reference. Approval of agreements is provided for in s. 196.497 (10). Section 196.497 (6) relates to monitoring federal activity. Drafting records for Chapter 62 of the Laws of 1981 show that the current sub. (10) was numbered sub. (6) in an early draft and the cross-reference in sub. (11) (b) was not adjusted to reflect the later change.

AB720, s. 63 Section 63. 251.07 of the statutes, as created by 2007 Wisconsin Act 130, is amended to read:

AB720,28,18 251.07 Certain physicians; state agency status. A physician who is not an employee of the local health department and who provides services, without compensation, for those programs and services provided by a local health department that require medical oversight is, for the provision of the services he or she provides, a state agent of the department of health and family services for the purposes of ss. 165.25 (6), 893.82 (3), and 895.46.

Note: 2007 Wis. Act 20, section 9121 (6) (a) directed that wherever "health and family services" appeared in the statutes, as affected by the acts of 2007, it be replaced with "health services."

AB720, s. 64 Section 64. 252.15 (2) (a) 1. of the statutes is amended to read:

AB720,29,12 252.15 (2) (a) 1. Except as provided in subd. 1g., a health care provider who procures, processes, distributes or uses a human body part or human tissue that is the subject of an anatomical gift under s. 157.06 shall, without obtaining consent to the testing, test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV in order to assure medical acceptability of the gift for the purpose intended. The health care provider shall use as a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV a test or series of tests that the state epidemiologist finds medically significant and sufficiently reliable to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. If the validated test result of the donor from the test or series of tests performed is positive, the human body part or human tissue donated for use or proposed for donation may not be used.

Note: Adds missing "s."

AB720, s. 65 Section 65. 253.16 (1) of the statutes, as affected by 2009 Wisconsin Act 28, section 3410, is amended to read:

AB720,29,16 253.16 (1) In this subsection section, "infant" means a child from birth to 12 months of age.

Note: Inserts correct cross-reference.

AB720, s. 66 Section 66. 281.346 (2) (e) 1r. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB720,29,20 281.346 (2) (e) 1r. The baseline for a withdrawal not covered by subd. 1. or 1g. or 1m. is zero.

Note: Inserts correct cross-reference. Section 281.346 (2) (e) 1. was repealed by 2009 Wis. Act 28. Drafting records indicate subd. 1m. was to be included in the cross-reference. Section 281.346 (2) (e) 1g. provides for the determination of the baseline for a preexisting withdrawal if s. 281.346 (2) (e) 1m. does not apply. If subd. 1r. does not reference subd. 1m., subds. 1m. and 1r. conflict.

AB720, s. 67 Section 67. 281.346 (5e) (c) 1m. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB720,30,13 281.346 (5e) (c) 1m. Beginning on the December 8, 2011, the department may not approve a water supply service area plan under s. 281.348 that provides for increasing, after December 7, 2021, the amount of a withdrawal that is covered under an individual permit issued under sub. (5) and after the increase the withdrawal would equal 1,000,000 or more gallons per day for any 30 consecutive days over the withdrawal amount as of the beginning of the current permit term or the date that the department issued a modified permit for the withdrawal if the modification was subject to the state decision-making standard under sub. (5m) or the compact decision-making standard under sub. (6), whichever is later, and if subd. 2m. does not apply, unless the increased withdrawal meets the state decision-making standard under sub. (5m).

Note: Deletes unnecessary word.

AB720, s. 68 Section 68. 285.69 (2m) (b) of the statutes, as affected by 2009 Wisconsin Act 28, section 2642, is renumbered 285.69 (2m) (bm).

Note: Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. 2009 Wis. Act 28, s. 2643, also created a provision numbered s. 285.69 (2m) (b).

AB720, s. 69 Section 69. 302.113 (9) (c) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB720,31,5 302.113 (9) (c) A person who is subsequently released to extended supervision after service of the period of time specified by the order under par. (am) is subject to all conditions and rules under subs. sub. (7) and, if applicable, sub. (7m) until the expiration of the remaining extended supervision portion of the bifurcated sentence or until the department discharges the person under s. 973.01 (4m), whichever is appropriate. The remaining extended supervision portion of the bifurcated sentence is the total length of the bifurcated sentence, less the time served by the person in confinement under the bifurcated sentence before release to extended supervision under sub. (2) and less all time served in confinement for previous revocations of extended supervision under the bifurcated sentence.

Note: Corrects citation form.

AB720, s. 70 Section 70. 304.06 (1) (bg) 2. h. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB720,31,9 304.06 (1) (bg) 2. h. A person who is serving a sentence related to school safety, as defined in s. 939.22 (20s).

Note: Inserts missing word.

AB720, s. 71 Section 71. 322.0767 (1) (a) of the statutes, as created by 2007 Wisconsin Act 200, is amended to read:

AB720,31,20 322.0767 (1) (a) If a person subject to a general court-martial is found to lack substantial mental capacity to understand the proceedings or assist in his or own defense and the military judge determined that the person is likely to become competent within the period specified under s. 971.14 (5) (a), the court-martial convening authority for the person shall commit the person to the custody of the department of health and family services under s. 971.14 (5). If the military judge determines that the defendant is not likely to become competent in the time period specified under s. 971.14 (5), the military judge shall suspend or terminate the general court-martial.

Note: 2007 Wis. Act 20, section 9121 (6) (a) directed that wherever "health and family services" appeared in the statutes, as affected by the acts of 2007, it be replaced with "health services."

AB720, s. 72 Section 72. 343.05 (4) (b) 3. of the statutes is amended to read:

AB720,32,4 343.05 (4) (b) 3. Any nonresident of the United States who holds an international driving permit or a valid operator's license issued by West Germany, Mexico, or Switzerland or by any other nation having a reciprocal agreement with the United States concerning driving privileges.

Note: Updates name.

AB720, s. 73 Section 73. 343.307 (1) (intro.) of the statutes is amended to read:

AB720,32,8 343.307 (1) (intro.) The court shall count the following to determine the length of a revocation under s. 343.30 (1q) (b) and to determine the penalty under s. ss. 114.09 (2) and 346.65 (2):

Note: Corrects citation form.

AB720, s. 74 Section 74. 346.58 (2) of the statutes is amended to read:

AB720,32,12 346.58 (2) In addition to complying with other speed restrictions imposed by law, no person may drive any vehicle equipped with metal tires or solid rubber tires at a speed in excess of 15 miles per hour.

Note: Inserts missing word.

AB720, s. 75 Section 75. 346.70 (3m) (a) of the statutes is amended to read:

AB720,32,18 346.70 (3m) (a) The department may require any operator, occupant or owner of a vehicle involved in an accident of which report must be made as provided in s. 346.70 this section to file supplemental reports whenever the original report is insufficient in the opinion of the department and may require witnesses of accidents to render reports to the department.

Note: Corrects citation form.

AB720, s. 76 Section 76. 440.03 (9) (a) 2. of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB720,33,11 440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year, adjusting for the succeeding fiscal biennium each fee for an initial credential for which an examination is not required, for a reciprocal credential, and, subject to s. 440.08 (2) (a), for a credential renewal, if e an adjustment is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential or credential renewal is in effect and, for purposes of each fee for a credential renewal, to reflect an estimate of any additional moneys available for the department's general program operations as a result of appropriation transfers that have been or are estimated to be made under s. 20.165 (1) (i) during the fiscal biennium in progress at the time of the deadline for an adjustment under this subdivision or during the fiscal biennium beginning on the July 1 immediately following the deadline for an adjustment under this subdivision.

Note: Deletes a letter that was inadvertently not stricken by 2007 Act 20.

AB720, s. 77 Section 77. 447.04 (1) (b) 2. of the statutes, as created by 2007 Wisconsin Act 104, is amended to read:

AB720,33,20 447.04 (1) (b) 2. Submits evidence satisfactory to the examining board that the person 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 qualified to provide such instruction. The examining board shall consult with the department of health and family services to determine whether an individual, organization, or institution of higher education is qualified to provide instruction under this subdivision.

Note: 2007 Wis. Act 20, section 9121 (6) (a) directed that wherever "health and family services" appeared in the statutes, as affected by the acts of 2007, it be replaced with "health services."

AB720, s. 78 Section 78. 448.65 (2) (a) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB720,34,2 448.65 (2) (a) The renewal fee determined by the department under s. 440.03 (9) (a).

Note: Inserts missing "s."

AB720, s. 79 Section 79. 450.095 (2) 1., 2. and 3. of the statutes, as created by 2009 Wisconsin Act 28, are renumbered 450.095 (2) (a), (b) and (c).

Note: Conforms numbering to current style.

AB720, s. 80 Section 80. 560.139 (4) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB720,34,11 560.139 (4) Origination fee. The department may charge the recipient of a grant or loan under sub. (1) (a), (2), or (3) an origination fee of not more than 2 percent of the grant or loan amount if the grant or loan equals or exceeds $100,000. The department shall deposit all origination fees collected under this subsection into the appropriation account under s. 20.143 (1) (gm).

Note: Section 560.139 (2) and (3) were repealed by 2009 Wis. Act 28.

AB720, s. 81 Section 81. 560.205 (2) of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read:

AB720,35,5 560.205 (2) Early stage seed investment tax credits. The department shall implement a program to certify investment fund managers for purposes of ss. 71.07 (5b), 71.28 (5b),, 71.47 (5b), and 76.638. An investment fund manager desiring certification shall submit an application to the department. The investment fund manager shall specify in the application the investment amount that the manager wishes to raise and the department may certify the manager and determine the amount that qualifies for purposes of ss. 71.07 (5b), 71.28 (5b), 71.47 (5b), and 76.638. In determining whether to certify an investment fund manager, the department shall consider the investment fund manager's experience in managing venture capital funds, the past performance of investment funds managed by the applicant, the expected level of investment in the investment fund to be managed by the applicant, and any other relevant factors. The department may certify only investment fund managers that commit to consider placing investments in businesses certified under sub. (1).