AB40, s. 3493 5Section 3493. 885.237 (2) of the statutes is amended to read:
AB40,1257,136 885.237 (2) Notwithstanding s. 341.04, the fact that an automobile or motor
7truck having a registered weight of 8,000 pounds or less is located on a highway, as
8defined in s. 340.01 (22), and is not displaying valid registration plates, a temporary
9operation plate, or other evidence of registration as provided under s. 341.18 (1) is
10prima facie evidence, for purposes of ch. 341, that the vehicle is an unregistered or
11improperly registered vehicle. This subsection does not apply to violations of
12ordinances enacted under s. 341.65, but this subsection does apply to violations of
13ordinances enacted under s. 341.65, 2003 stats.
AB40, s. 3494 14Section 3494. 887.23 (1) of the statutes is amended to read:
AB40,1258,415 887.23 (1) Who may require. The department of health services, the
16department of corrections, the state superintendent of public instruction, the Board
17of Trustees of the University of Wisconsin–Madison,
or the board of regents Board
18of Regents
of the University of Wisconsin System may order the deposition of any
19witness to be taken concerning any institution under his, her or its government or
20superintendence, or concerning the conduct of any officer or agent thereof, or
21concerning any matter relating to the interests thereof. Upon presentation of a
22certified copy of such order to any municipal judge, notary public or court
23commissioner, the officer shall take the desired deposition in the manner provided
24for taking depositions to be used in actions. When any officer or agent of any
25institution is concerned and will be affected by the testimony, 2 days' written notice

1of the time and place of taking the deposition shall be given him or her. Any party
2interested may appear in person or by counsel and examine the witness touching the
3matters mentioned in the order. The deposition, duly certified, shall be delivered to
4the authority which ordered it.
AB40, s. 3495 5Section 3495. 891.45 (1) (b) of the statutes is amended to read:
AB40,1258,96 891.45 (1) (b) "Municipal fire fighter" includes any person designated as
7primarily a fire fighter under s. 60.553 (2), 61.66 (2), or 62.13 (2e) (b) and any person
8under s. 60.553, 61.66, or 62.13 (2e) whose duties as a fire fighter during the 5-year
9qualifying period took up at least two-thirds of his or her working hours.
AB40, s. 3496 10Section 3496. 891.453 (1) (c) of the statutes is amended to read:
AB40,1258,1311 891.453 (1) (c) "Fire fighter" means a state, county, or municipal fire fighter
12who is covered under s. 891.45 and any person under s. 60.553, 61.66, or 62.13 (2e)
13whose duties as a fire fighter took up at least two-thirds of his or her working hours.
AB40, s. 3497 14Section 3497. 891.453 (1) (d) of the statutes is amended to read:
AB40,1258,2015 891.453 (1) (d) "Law enforcement officer" means any person employed by the
16state or by a county or a municipality for the purpose of detecting and preventing
17crime and enforcing laws or ordinances, who is authorized to make arrests for
18violations of the laws or ordinances which he or she is employed to enforce. "Law
19enforcement officer" includes a person under s. 60.553, 61.66, or 62.13 (2e) whose
20duties as a police officer took up at least two-thirds of his or her working hours.
AB40, s. 3498 21Section 3498. 891.455 (1) of the statutes is amended to read:
AB40,1258,2522 891.455 (1) In this section, "state, county, or municipal fire fighter" means a
23fire fighter who is covered under s. 891.45 and any person under s. 60.553, 61.66, or
2462.13 (2e)
whose duties as a fire fighter during the 10-year qualifying period
25specified in sub. (2) took up at least two-thirds of his or her working hours.
AB40, s. 3499
1Section 3499. 893.82 (2) (d) 4. of the statutes is created to read:
AB40,1259,32 893.82 (2) (d) 4. An officer, director, employee, or agent of the Board of Trustees
3of the University of Wisconsin–Madison.
AB40, s. 3500 4Section 3500. 893.82 (9) of the statutes is created to read:
AB40,1259,125 893.82 (9) For purposes of this section, any employee of the state of Minnesota
6performing services for this state pursuant to a valid agreement between this state
7and the state of Minnesota providing for interchange of employees or services is
8considered to have the same status an as employee of this state performing the same
9services for this state, and any employee of this state who performs services for the
10state of Minnesota pursuant to such an agreement is considered to have the same
11status as when performing the same services for this state in any action brought
12under the laws of this state.
AB40, s. 3501 13Section 3501. 893.925 (2) (a) of the statutes is amended to read:
AB40,1259,2114 893.925 (2) (a) An action to recover damages for mining-related injuries under
15s. 107.32 shall be brought within 3 years of the date on which the death or injury
16occurs unless the department of commerce safety and professional services gives
17written notice within the time specified in this subsection that a claim has been filed
18with it under sub. (1), in which case an action based on the claim may be brought
19against the person to whom the notice is given within one year after the final
20resolution, including any appeal, of the claim or within the time specified in this
21subsection, whichever is longer.
AB40, s. 3502 22Section 3502. 895.07 (13) of the statutes is amended to read:
AB40,1259,2523 895.07 (13) Brochure. The department of commerce safety and professional
24services
shall prepare a brochure explaining the process under this section and shall
25provide that brochure to contractors.
AB40, s. 3503
1Section 3503. 895.441 (5) of the statutes is amended to read:
AB40,1260,72 895.441 (5) Silence agreements. Any provision in a contract or agreement
3relating to the settlement of any claim by a patient against a therapist that limits
4or eliminates the right of the patient to disclose sexual contact by the therapist to a
5subsequent therapist, the department of regulation and licensing safety and
6professional services
, the department of health services, the injured patients and
7families compensation fund peer review council, or a district attorney is void.
AB40, s. 3504 8Section 3504. 895.46 (10) of the statutes is created to read:
AB40,1260,149 895.46 (10) Any employee of the state of Minnesota who is named as a
10defendant and who is found liable as a result of performing services for this state
11under a valid agreement between this state and the state of Minnesota providing for
12interchange of employees or services shall be indemnified by this state to the same
13extent as an employee of this state performing the same services for this state
14pursuant to this section.
AB40, s. 3505 15Section 3505. 895.46 (11) of the statutes is created to read:
AB40,1260,1816 895.46 (11) An officer, director, employee, or agent of the Board of Trustees of
17the University of Wisconsin–Madison is a state officer, employee, or agent for the
18purposes of this section.
AB40, s. 3506 19Section 3506. 895.515 (1) (b) of the statutes is amended to read:
AB40,1260,2320 895.515 (1) (b) "Institution of higher education" means an institution within
21the University of Wisconsin System, the University of Wisconsin–Madison, a
22technical college, or a private, nonprofit institution of higher education located in
23this state.
AB40, s. 3507 24Section 3507. 895.517 (1) (d) of the statutes is repealed.
AB40, s. 3508 25Section 3508. 895.517 (2) of the statutes is amended to read:
AB40,1261,6
1895.517 (2) Any person who donates or sells, at a price not exceeding overhead
2and transportation costs, solid waste, or a material that is separated from mixed soil
3waste, to a materials reuse program that is operated by a charitable organization,
4or municipality or responsible unit is immune from civil liability for the death of or
5injury to an individual or the damage to property caused by the solid waste or
6material donated or sold by the person.
AB40, s. 3509 7Section 3509. 908.03 (6m) (c) 3. of the statutes is amended to read:
AB40,1261,118 908.03 (6m) (c) 3. If upon a properly authorized request of an attorney, the
9health care provider refuses, fails, or neglects to supply within 2 business days a
10legible certified duplicate of its records for the fees established under s. 146.83 (1f)
11(c) or (d) or (1h) (b) or (c), whichever are applicable
par. (e).
AB40, s. 3510 12Section 3510. 908.03 (6m) (e) of the statutes is created to read:
AB40,1261,2013 908.03 (6m) (e) Fees. The department of health services shall, by rule,
14prescribe uniform fees that are based on an approximation of actual costs. The fees,
15plus applicable tax, are the maximum amount that a health care provider may
16charge for certified duplicate patient health care records. The rule shall also allow
17the health care provider to charge for actual postage or other actual delivery costs.
18For duplicate patient health care records and duplicate X-ray reports or the referral
19of X-rays to another health care provider that are requested before commencement
20of an action, s. 146.83 (1c) (b) and (c) and (3f) applies.
AB40, s. 3511 21Section 3511. 911.01 (4) (c) of the statutes is amended to read:
AB40,1262,722 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or
23rendition; sentencing, granting, or revoking probation, modification of a bifurcated
24sentence under s. 302.1135 302.113 (9g), adjustment of a bifurcated sentence under
25s. 973.195 (1r), release to extended supervision under s. 302.113 (2) (b) or 304.06 (1)

1or discharge under s. 973.01 (4m)
or 973.198; issuance of subpoenas or warrants
2under s. 968.375, arrest warrants, criminal summonses, and search warrants;
3hearings under s. 980.09 (2); proceedings under s. 971.14 (1r) (c); or proceedings with
4respect to pretrial release under ch. 969 except where habeas corpus is utilized with
5respect to release on bail or as otherwise provided in ch. 969; and proceedings under
6s. 165.76 (6) to compel provision of a biological specimen for deoxyribonucleic acid
7analysis.
AB40, s. 3512 8Section 3512. 938.02 (14m) of the statutes is repealed.
AB40, s. 3513 9Section 3513. 938.13 (6m) of the statutes is amended to read:
AB40,1262,1110 938.13 (6m) School dropout. The juvenile is a school dropout, as defined in
11s. 118.153 (1) (b) 115.001 (2m).
AB40, s. 3514 12Section 3514. 938.20 (2) (f) 2. of the statutes is amended to read:
AB40,1262,1713 938.20 (2) (f) 2. Make a determination of whether the juvenile is a child at risk,
14as defined in s. 118.153 (1) (a) 115.001 (1m), unless that determination has been
15made within the current school semester. If a juvenile is determined to be a child at
16risk under this subdivision, the school administrator shall provide a program for the
17juvenile according to the plan developed under s. 118.153 (2) (a).
AB40, s. 3515 18Section 3515. 938.245 (2) (a) 4. of the statutes is amended to read:
AB40,1263,219 938.245 (2) (a) 4. `Alcohol and other drug abuse treatment and education.' That
20the juvenile participate in an alcohol and other drug abuse outpatient treatment
21program, a court-approved pupil assistance program provided by the juvenile's
22school board,
or a court-approved alcohol or other drug abuse education program, if
23an alcohol and other drug abuse assessment under subd. 3. recommends outpatient
24treatment, intervention, or education. The juvenile's participation in a

1court-approved pupil assistance program is subject to the approval of the juvenile's
2school board.
AB40, s. 3516 3Section 3516. 938.295 (1g) of the statutes is amended to read:
AB40,1263,154 938.295 (1g) Report of results and recommendations. If the court orders an
5alcohol or other drug abuse assessment under sub. (1), the approved treatment
6facility shall, within 14 days after the order, report the results of the assessment to
7the court, except that, if requested by the facility and if the juvenile is not held in
8secure or nonsecure custody, the court may extend the period for assessment for not
9more than 20 additional working days. The report shall include a recommendation
10as to whether the juvenile is in need of treatment, intervention, or education relating
11to the use or abuse of alcohol beverages, controlled substances, or controlled
12substance analogs and, if so, shall recommend a service plan and appropriate
13treatment from an approved treatment facility, intervention from a court-approved
14pupil assistance program,
or education from a court-approved alcohol or other drug
15abuse education program.
AB40, s. 3517 16Section 3517. 938.32 (1g) (b) of the statutes is amended to read:
AB40,1263,2117 938.32 (1g) (b) That the juvenile participate in a court-approved pupil
18assistance program provided by the juvenile's school board or
a court-approved
19alcohol or other drug abuse education program. The juvenile's participation in a
20court-approved pupil assistance program is subject to the approval of the juvenile's
21school board.
AB40, s. 3518 22Section 3518. 938.34 (7d) (a) 1. of the statutes is amended to read:
AB40,1263,2523 938.34 (7d) (a) 1. A nonresidential educational program , including a program
24for children at risk under s. 118.153,
provided by the school district in which the
25juvenile resides.
AB40, s. 3519
1Section 3519. 938.34 (14s) (b) 3. of the statutes is amended to read:
AB40,1264,52 938.34 (14s) (b) 3. Participate in a court-approved pupil assistance program
3provided by the juvenile's school board or
an alcohol or other drug abuse education
4program. The juvenile's participation in a court-approved pupil assistance program
5under this subdivision is subject to the approval of the juvenile's school board.
AB40, s. 3520 6Section 3520. 938.34 (14s) (d) of the statutes is amended to read:
AB40,1264,157 938.34 (14s) (d) If the juvenile completes the alcohol or other drug abuse
8treatment program, court-approved pupil assistance program or court-approved
9alcohol or other drug abuse education program, the approved treatment facility,
10court-approved pupil assistance program
or court-approved alcohol or other drug
11abuse education program shall, with the written informed consent of the juvenile or,
12if the juvenile has not attained the age of 12, the written informed consent of the
13juvenile's parent, notify the agency primarily responsible for providing services to
14the juvenile that the juvenile has complied with the order and the court shall notify
15the juvenile of whether or not the original dispositional order will be reinstated.
AB40, s. 3521 16Section 3521. 938.34 (14s) (e) of the statutes is amended to read:
AB40,1264,2517 938.34 (14s) (e) If an approved treatment facility , court-approved pupil
18assistance program
or court-approved alcohol or other drug abuse education
19program, with the written informed consent of the juvenile or, if the juvenile has not
20attained the age of 12, the written informed consent of the juvenile's parent, notifies
21the agency primarily responsible for providing services to the juvenile that a juvenile
22is not participating in, or has not satisfactorily completed, a recommended alcohol
23or other drug abuse treatment program, a court-approved pupil assistance program
24or a court-approved alcohol or other drug abuse education program, the court shall
25impose the original disposition under par. (a) or (am).
AB40, s. 3522
1Section 3522. 938.343 (10) (c) of the statutes is amended to read:
AB40,1265,62 938.343 (10) (c) Participate in a court-approved pupil assistance program
3provided by the juvenile's school board or in
a court-approved alcohol or other drug
4abuse education program. The juvenile's participation in a court-approved pupil
5assistance program under this paragraph is subject to the approval of the juvenile's
6school board.
AB40, s. 3523 7Section 3523. 938.344 (2g) (a) 3. of the statutes is amended to read:
AB40,1265,128 938.344 (2g) (a) 3. Participate in a court-approved pupil assistance program
9provided by the juvenile's school board or in
a court-approved alcohol or other drug
10abuse education program. The juvenile's participation in a court-approved pupil
11assistance program under this subdivision is subject to the approval of the juvenile's
12school board.
AB40, s. 3524 13Section 3524. 938.344 (2g) (c) of the statutes is amended to read:
AB40,1265,2214 938.344 (2g) (c) If the juvenile completes the alcohol or other drug abuse
15treatment program, court-approved pupil assistance program or court-approved
16alcohol or other drug abuse education program, the approved treatment facility,
17court-approved pupil assistance program
or court-approved alcohol or other drug
18abuse education program shall, with the written informed consent of the juvenile or,
19if the juvenile has not attained the age of 12, the written informed consent of the
20juvenile's parent, notify the agency primarily responsible for providing services to
21the juvenile that the juvenile has complied with the order and the court shall notify
22the juvenile of whether or not the penalty will be reinstated.
AB40, s. 3525 23Section 3525. 938.344 (2g) (d) of the statutes is amended to read:
AB40,1266,824 938.344 (2g) (d) If an approved treatment facility , court-approved pupil
25assistance program,
or court-approved alcohol or other drug abuse education

1program, with the written informed consent of the juvenile or, if the juvenile has not
2attained the age of 12, the written informed consent of the juvenile's parent, notifies
3the agency primarily responsible for providing services to the juvenile that a juvenile
4is not participating, or has not satisfactorily completed, a recommended alcohol or
5other drug abuse treatment program, a court-approved pupil assistance program,
6or a court-approved alcohol or other drug abuse education program, the court shall
7hold a hearing to determine whether to impose the penalties under sub. (2), (2b), (2d),
8or (2e).
AB40, s. 3526 9Section 3526. 938.345 (2) of the statutes is amended to read:
AB40,1266,1710 938.345 (2) School dropouts and habitual truants. If the court finds that a
11juvenile is in need of protection or services based on the fact that the juvenile is a
12school dropout, as defined in s. 118.153 (1) (b) 115.001 (2m), or based on habitual
13truancy, and the court also finds that the juvenile has dropped out of school or is a
14habitual truant as a result of the juvenile's intentional refusal to attend school rather
15than the failure of any other person to comply with s. 118.15 (1) (a) and (am), the
16court, instead of or in addition to any other disposition imposed under sub. (1), may
17enter an order permitted under s. 938.342.
AB40, s. 3527 18Section 3527. 938.78 (2) (g) of the statutes is amended to read:
AB40,1267,719 938.78 (2) (g) Paragraph (a) does not prohibit an agency from disclosing
20information about an individual in its care or legal custody on the written request
21of the department of regulation and licensing safety and professional services or of
22any interested examining board or affiliated credentialing board in that department
23for use in any investigation or proceeding relating to any alleged misconduct by any
24person who is credentialed or who is seeking credentialing under ch. 448, 455 or 457.
25Unless authorized by an order of the court, the department of regulation and

1licensing
safety and professional services and any examining board or affiliated
2credentialing board in that department shall keep confidential any information
3obtained under this paragraph and may not disclose the name of or any other
4identifying information about the individual who is the subject of the information
5disclosed, except to the extent that redisclosure of that information is necessary for
6the conduct of the investigation or proceeding for which that information was
7obtained.
AB40, s. 3528 8Section 3528. 940.20 (7) (a) 3. of the statutes is amended to read:
AB40,1267,129 940.20 (7) (a) 3. "Health care provider" means any person who is licensed,
10registered, permitted or certified by the department of health services or the
11department of regulation and licensing safety and professional services to provide
12health care services in this state.
AB40, s. 3529 13Section 3529. 940.207 (title) of the statutes is amended to read:
AB40,1267,15 14940.207 (title) Battery or threat to department of commerce safety and
15professional services
or department of workforce development employee.
AB40, s. 3530 16Section 3530. 940.207 (2) (intro.) of the statutes is amended to read:
AB40,1267,2117 940.207 (2) (intro.) Whoever intentionally causes bodily harm or threatens to
18cause bodily harm to the person or family member of any department of commerce
19safety and professional services or department of workforce development official,
20employee or agent under all of the following circumstances is guilty of a Class H
21felony:
AB40, s. 3531 22Section 3531. 940.207 (2) (a) of the statutes is amended to read:
AB40,1268,223 940.207 (2) (a) At the time of the act or threat, the actor knows or should have
24known that the victim is a department of commerce safety and professional services

1or department of workforce development official, employee or agent or a member of
2his or her family.
AB40, s. 3532 3Section 3532. 940.22 (1) (a) of the statutes is amended to read:
AB40,1268,54 940.22 (1) (a) "Department" means the department of regulation and licensing
5safety and professional services.
AB40, s. 3533 6Section 3533. 946.13 (12) (b) (intro.) of the statutes is amended to read:
AB40,1268,107 946.13 (12) (b) (intro.) Subsection (1) does not apply to a contract between a
8research company and the University of Wisconsin System or any institution or
9college campus within the system for purchase of goods or services, including
10research, if all of the following apply:
AB40, s. 3534 11Section 3534. 946.13 (13) of the statutes is created to read:
AB40,1268,1412 946.13 (13) (a) In this subsection, "research company" means an entity engaged
13in commercial activity that is related to research conducted by an employee or officer
14of the University of Wisconsin–Madison or to a product of such research.
AB40,1268,1715 (b) Subsection (1) does not apply to a contract between a research company and
16the University of Wisconsin–Madison for purchase of goods or services, including
17research, if all of the following apply:
AB40,1268,1918 1. The contract is approved by a University of Wisconsin–Madison employee
19or officer responsible for evaluating and managing potential conflicts of interest.
AB40,1268,2020 2. Either of the following apply:
AB40,1268,2221 a. The contract together with all other contracts between the same parties
22require less than $250,000 in payments over a 24-month period.
AB40,1269,223 b. The University of Wisconsin–Madison submits the contract to the Board of
24Trustees of the University of Wisconsin–Madison and, within 45 days, the Board of

1Trustees determines that the contract benefits the state and any conflicts of interest
2are appropriately managed by the University of Wisconsin–Madison.
AB40,1269,43 (c) Paragraphs (a) and (b) apply regardless of the date on which a contract was
4entered into.
AB40, s. 3535 5Section 3535. 950.04 (1v) (f) of the statutes is amended to read:
Loading...
Loading...