SB287, s. 32 3Section 32. The treatment of 118.125 (2) (n) of the statutes by 2009 Wisconsin
4Act 302
is not repealed by 2009 Wisconsin Act 309. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 118.125 (2) (n) (intro.) and 1., as renumbered and amended from s. 118.125 (2)
(n) by 2009 Wis. Act 309, read:
(n) For any purpose concerning the juvenile justice system and the system's ability
to effectively serve a pupil, prior to adjudication:
1. A school board may disclose pupil records to a city attorney, corporation counsel,
agency, as defined in s. 938.78 (1), intake worker under s. 48.067 or 938.067, court of
record, municipal court, private school, or another school board if disclosure is pursuant
to an interagency agreement and the person to whom the records are disclosed certifies
in writing that the records will not be disclosed to any other person except as otherwise
authorized by law. For the purpose of providing services to a pupil before adjudication,
a school board may disclose pupil records to a tribal school if disclosure is pursuant to an
agreement between the school board and the governing body of the tribal school and if the
school board determines that enforceable protections are provided by a tribal school
policy or tribal law that requires the tribal school official to whom the records are
disclosed not to disclose the records to any other person except as permitted under this
subsection.
SB287, s. 33 5Section 33. The treatment of 118.29 (2) (a) 3. of the statutes by 2009 Wisconsin
6Act 160
is not repealed by 2009 Wisconsin Act 302. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, effective March 1, 2011, s. 118.29 (2) (a) 3. reads:
3. Subject to sub. (4m), is immune from civil liability for his or her acts or omissions
in administering a nonprescription drug product or prescription drug to a pupil under
subd. 1., 2., 2m., or 2r. unless the act is in violation of sub. (6) or the act or omission
constitutes a high degree of negligence. This subdivision does not apply to health care
professionals.
SB287, s. 34 7Section 34. The treatment of 118.29 (2) (b) of the statutes by 2009 Wisconsin
8Act 160
is not repealed by 2009 Wisconsin Act 302. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, effective March 1, 2011, s. 118.29 (2) (b) reads:
(b) Subject to sub. (4m), any school district administrator, county children with
disabilities education board administrator, cooperative educational service agency
administrator, public, private, or tribal school principal, or private or tribal school
administrator who authorizes an employee or volunteer to administer a nonprescription
drug product or prescription drug to a pupil under par. (a) is immune from civil liability
for the act of authorization unless it constitutes a high degree of negligence or the

administrator or principal authorizes a person who has not received the required training
under sub. (6) to administer a nonprescription drug product or prescription drug to a
pupil.
SB287, s. 35 1Section 35. The treatments of 120.13 (2) (g) of the statutes by 2009 Wisconsin
2Acts 14
, 28, 146 and 218 are not repealed by 2009 Wisconsin Act 346. All treatments
3stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 120.13 (2) (g) reads:
(g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d),
631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85,
632.853, 632.855, 632.87 (4), (5), and (6), 632.885, 632.89, 632.895 (9) to (17), 632.896, and
767.513 (4).
SB287, s. 36 4Section 36. 138.14 (14) (g) of the statutes, as created by 2009 Wisconsin Act
5405
, is amended to read:
SB287,13,116 138.14 (14) (g) The division shall, by order or rule, stipulate the period for
7which data is to be retained in the database only as required to ensure licensee
8compliance with this act section or for enforcement or compliance purposes. The
9division may require that any identifying customer information be deleted from the
10database when data is archived. The division may maintain access to archived data
11for future legislative or policy review.
Note: Inserts correct cross-reference.
SB287, s. 37 12Section 37. 165.755 (1) (b) of the statutes, as affected by 2009 Wisconsin Acts
1312
, 28 and 100, is amended to read:
SB287,13,1814 165.755 (1) (b) A court may not impose the crime laboratories and drug law
15enforcement surcharge under par. (a) for a violation of s. 101.123 (2) or (2m), for a
16financial responsibility violation under s. 344.62 (2), or for a violation of a state law
17or municipal or county ordinance involving a nonmoving traffic violation, a violation
18under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).
Note: Inserts a necessary comma.
SB287, s. 38
1Section 38. 179.046 (title) of the statutes is created to read:
SB287,14,2 2179.046 (title) Change of registered office or agent.
Note: Section 179.046 was created without a title by 2009 Wis. Act 237.
SB287, s. 39 3Section 39. The treatments of 185.983 (1) (intro.) of the statutes by 2009
4Wisconsin Acts 14
, 28, 146, 165 and 218 are not repealed by 2009 Wisconsin Act 346.
5All treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 185.983 (1) (intro.) reads:
(1) Every voluntary nonprofit health care plan operated by a cooperative
association organized under s. 185.981 shall be exempt from chs. 600 to 646, with the
exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.26,
611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2),
632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85, 632.853, 632.855, 632.87
(2), (2m), (3), (4), (5), and (6), 632.885, 632.89, 632.895 (5) and (8) to (17), 632.896, and
632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but the sponsoring association
shall:
SB287, s. 40 6Section 40. 193.221 (1) (b) of the statutes is amended to read:
SB287,14,97 193.221 (1) (b) The articles may be amended as restated articles using the
8procedure under par. (a). If restated articles are adopted, the restated articles
9supercede supersede all prior articles and amendments to the articles.
Note: Makes spelling consistent with the remainder of the statutes.
SB287, s. 41 10Section 41. 196.027 (2) (e) 3. of the statutes is amended to read:
SB287,14,1411 196.027 (2) (e) 3. An application by an energy utility for a financing order and
12commission approval of a financing order are in addition to and do not replace or
13supercede supersede any other review or approval by the commission under this
14chapter that may be required or allowed for environmental control activities.
Note: Makes spelling consistent with the remainder of the statutes.
SB287, s. 42 15Section 42. The treatment of 252.15 (2) (a) 7. a. of the statutes by 2009
16Wisconsin Act 209
is not repealed by 2009 Wisconsin Act 302. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 252.15 (5g) (a) 1. to 5., as renumbered and amended from s. 252.15 (2) (a) 7.
a. by 2009 Wis. Act 209, read:

1. The person is an emergency medical technician; first responder; fire fighter;
peace officer; correctional officer; person who is employed at a juvenile correctional
facility, as defined in s. 938.02 (10p), or a secured residential care center for children and
youth, as defined in s. 938.02 (15g); state patrol officer; jailer, keeper of a jail, or person
designated with custodial authority by the jailer or keeper and the contact occurred
during the course of the person providing care or services to the individual.
2. The person is a peace officer, correctional officer, state patrol officer, jailer, or
keeper of a jail, or person designated with custodial authority by the jailer or keeper and
the contact occurred while the person was searching or arresting the individual or while
controlling or transferring the individual in custody.
3. The person is a health care provider or an employee of a health care provider
and the contact occurred during the course of the person providing care or treatment to
the individual or handling or processing specimens of body fluids or tissues of the
individual.
4. The person is a staff member of a state crime laboratory and the contact occurred
during the course of the person handling or processing specimens of body fluids or tissues
of the individual.
5. The person is a social worker or an employee of a school district, cooperative
educational service agency, charter school, private school, tribal school, as defined in s.
115.001 (15m), the Wisconsin Educational Services Program for the Deaf and Hard of
Hearing, or the Wisconsin Center for the Blind and Visually Impaired and the contact
occurred while the person was performing employment duties involving the individual.
SB287, s. 43 1Section 43. The treatment of 252.15 (5) (a) 19. of the statutes by 2009
2Wisconsin Act 28
is not repealed by 2009 Wisconsin Act 209. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 252.15 (3m) (d) 15., as renumbered from s. 252.15 (5) (a) 19. by 2009 Wis. Act
209
, reads:
15. If the subject of the HIV test is a child who has been placed in a foster home,
group home, residential care center for children and youth, or juvenile correctional
facility, as defined in s. 938.02 (10p), 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 to an agency that
placed the child or arranged for the placement of the child 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 arranged for the placement of the child in any of those placements, to the child's
foster parent or the operator of the group home, residential care center for children and
youth, or juvenile correctional facility in which the child is placed, as provided in s. 48.371
or 938.371.
SB287, s. 44 3Section 44. 252.15 (5m) (d) 2. of the statutes, as created by 2009 Wisconsin Act
4209
, is amended to read:
SB287,16,6
1252.15 (5m) (d) 2. A physician, physician assistant, or advanced practice nurse
2prescriber, based on information provided to the physician, physician assistant, or
3advanced practice nurse prescriber, determines and certifies in writing that the
4contact under subd. 1. constitutes a significant exposure. A health care provider who
5as has a contact under par. (d) subd. 1. c. may not make the certification under this
6subdivision for himself or herself.
Note: Inserts correct word and corrects form of citation.
SB287, s. 45 7Section 45. 253.115 (8) of the statutes, as created by 2009 Wisconsin Act 279,
8is amended to read:
SB287,16,139 253.115 (8) Confidentiality. Except as provided under pars. sub. (7) (a) 3. and
10(b), no information obtained under this section from the parents or legal guardian
11may be disclosed except for use in statistical data compiled by the department
12without reference to the identity of any individual and except as provided in s. 146.82
13(2).
Note: Inserts correct cross-reference.
SB287, s. 46 14Section 46. 299.80 (9) (b) of the statutes is amended to read:
SB287,16,1715 299.80 (9) (b) A provision of an approval that is identified under sub. (3) (b) as
16being replaced by a cooperative agreement is superceded superseded by the
17cooperative agreement.
Note: Makes spelling consistent with the remainder of the statutes.
SB287, s. 47 18Section 47. The treatment of 301.12 (14) (a) of the statutes by 2009 Wisconsin
19Act 28
is not repealed by 2009 Wisconsin Act 218. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 301.12 (14) (a) reads:
(a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2)
or s. 301.03 (18) for care and maintenance of persons under 17 years of age in residential,
nonmedical facilities such as group homes, foster homes, residential care centers for
children and youth, and juvenile correctional institutions is determined in accordance
with the cost-based fee established under s. 301.03 (18). The department shall bill the

liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or
(4m) or by other 3rd-party benefits, subject to rules that include formulas governing
ability to pay promulgated by the department under s. 301.03 (18). Any liability of the
resident not payable by any other person terminates when the resident reaches age 17,
unless the liable person has prevented payment by any act or omission.
SB287, s. 48 1Section 48. 302.46 (1) (a) of the statutes, as affected by 2009 Wisconsin Acts
212
, 28 and 100, is amended to read:
SB287,17,123 302.46 (1) (a) If a court imposes a fine or forfeiture for a violation of state law
4or for a violation of a municipal or county ordinance except for a violation of s. 101.123
5(2) or (2m), for a financial responsibility violation under s. 344.62 (2), or for a violation
6of state laws or municipal or county ordinances involving nonmoving traffic
7violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s.
8347.48 (2m), the court, in addition, shall impose a jail surcharge under ch. 814 in an
9amount of 1 percent of the fine or forfeiture imposed or $10, whichever is greater.
10If multiple offenses are involved, the court shall determine the jail surcharge on the
11basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part,
12the court shall reduce the jail surcharge in proportion to the suspension.
Note: Inserts a necessary comma.
SB287, s. 49 13Section 49. 323.51 (1) (title) of the statutes, as affected by 2009 Wisconsin Act
1442
, section 124, and 2009 Wisconsin Act 363, section 5, is amended to read:
SB287,17,1615 323.51 (1) (title) Designation and use of a emergency temporary location by
16the governor.
Note: "Emergency" was deleted in the 2009 Wis. Act 42 treatment without being
shown as stricken. The change was intended.
SB287, s. 50 17Section 50. 341.14 (6m) (d) 3. of the statutes, as created by 2009 Wisconsin Act
18195
, is amended to read:
SB287,18,619 341.14 (6m) (d) 3. Notwithstanding subd. 2., upon receiving any application for
20renewal of registration of a vehicle for which special plates have been issued under

1this subsection, if the applicant identifies himself or herself in the application as a
2member or former member of a Wisconsin national guard unit identified by the
3department of military affairs under subd. 5. and if the department is required under
4s. 341.135 (2) to issue new registration plates for the vehicle, the department shall
5provide to the applicant, to be affixed to one of these plates, a decal described in subd.
61. and instructions for placement of the decal on the plate.
Note: Corrects cross-reference. Section 341.135 (2) was repealed by 2009 Wis. Act
28
and the portion relevant to s. 341.14 (6m) (d) 3., as created by 2009 Wis. Act 195, was
added to s. 341.135, as consolidated and renumbered from s. 341.135 (1) and (2m) and
amended by Act 28.
SB287, s. 51 7Section 51. The treatments of 341.14 (6r) (b) 1. of the statutes by 2009
8Wisconsin Acts 159
and 224 are not repealed by 2009 Wisconsin Act 226. All
9treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 341.14 (6r) (b) 1. reads as follows. The cross-references to par. (f) 61r. and par.
(f) 61m. were changed from cross-references to par. (f) 61. by the legislative reference
bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of
s. 341.14 (6r) (f) 61., as created by 2009 Wis. Act 226, to s. 341.14 (6r) (f) 61r. and of s.
341.14 (6r) (f) 61., as created by 2009 Wis. Act 224, to 341.14 (6r) (f) 61m. See also section
80 of this bill.
1. Subject to subd. 1m., upon application to register an automobile or motor home,
or a motor truck, dual purpose motor home or dual purpose farm truck which has a gross
weight of not more than 8,000 pounds, or a farm truck which has a gross weight of not
more than 12,000 pounds, by any person who is a resident of this state and a member of
an authorized special group, the department shall issue to the person special plates
whose colors and design shall indicate that the vehicle is owned by a person who is a
member of the applicable special group. The department may not issue any special group
plates under par. (f) 55., 60., or 61r. until 6 months after the department has received
information sufficient for the department to determine that any approvals required for
use of any logo, trademark, trade name or other commercial symbol designating the
professional football team or professional baseball team or associated with
Harley-Davidson, Inc., have been obtained. Subject to sub. (9) (d), the department may
not issue any special group plates under par. (f) 61m. until the department has received
information sufficient for the department to determine that any license or other approval
required for use of any logo, trademark or service mark, trade name or other commercial
symbol to be used on or in association with these plates has been obtained.
Notwithstanding s. 341.12 (2), if the department of corrections does not have flat-plate
technology available for use in manufacturing license plates at quality and cost
comparable to that available from the state of Minnesota, the department of
transportation may not issue any special group plates under par. (f) 59. unless the
department of transportation purchases the plates from the state of Minnesota. Sections

16.70, 16.71, 16.72, 16.75, 16.752 to 16.755, 16.765, 16.77, and 16.82 do not apply to
purchases of plates issued under par. (f) 59. from the state of Minnesota.
SB287, s. 52 1Section 52. The treatments of 341.14 (6r) (fm) 7. of the statutes by 2009
2Wisconsin Acts 159
, 224 and 226 are not repealed by 2009 Wisconsin Act 230. All
3treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau s. 341.14 (6r) (fm) 7., effective June 1, 2011, reads as follows. The cross-references
to par. (f) 61r. and par. (f) 61m. were changed from cross-references to par. (f) 61. by the
legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under
s. 13.92 (1) (bm) 2. of s. 341.14 (6r) (f) 61., as created by 2009 Wis. Act 226, to s. 341.14
(6r) (f) 61r. and of s. 341.14 (6r) (f) 61., as created by 2009 Wis. Act 224, to 341.14 (6r) (f)
61m. See also section 80 of this bill.
7. After October 1, 1998, additional authorized special groups may only be special
groups designated by the department under this paragraph. The authorized special
groups enumerated in par. (f) shall be limited solely to those special groups specified
under par. (f) on October 1, 1998. This subdivision does not apply to the special groups
specified under par. (f) 3m., 6m., 9g., 9m., 12g., 12m.,15m., 19m., 49d., 49h., 49s., 54., 55.,
55m., 56., 57., 58., 59., 60., 61., 61m., and 61r.
SB287, s. 53 4Section 53. The treatment of 343.06 (1) (c) of the statutes by 2009 Wisconsin
5Act 28
is not repealed by 2009 Wisconsin Act 302. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 343.06 (1) (c) reads:
(c) To any person under age 18 unless the person is enrolled in a school program
or high school equivalency program and is not a habitual truant as defined in s. 118.16
(1) (a), has graduated from high school or been granted a declaration of high school
graduation equivalency, or is enrolled in a home-based private educational program, as
defined in s. 115.001 (3g), and has satisfactorily completed a course in driver education
in public schools approved by the department of public instruction, or in technical colleges
approved by the technical college system board, or in nonpublic and private schools or
tribal schools, as defined in s. 115.001 (15m), that meet the minimum standards set by
the department of public instruction, or has satisfactorily completed a substantially
equivalent course in driver training approved by the department and given by a school
licensed by the department under s. 343.61, or has satisfactorily completed a
substantially equivalent course in driver education or training approved by another state
and has attained the age of 16, except as provided in s. 343.07 (1g). The department shall
not issue a license to any person under the age of 18 authorizing the operation of "Class
M" vehicles unless the person has successfully completed a basic rider course approved
by the department. The department may, by rule, exempt certain persons from the basic
rider course requirement of this paragraph. Applicants for a license under s. 343.08 or
343.135 are exempt from the driver education, basic rider or driver training course
requirement. The secretary shall prescribe rules for licensing of schools and instructors
to qualify under this paragraph. The driver education course shall be made available to
every eligible student in the state. Except as provided under s. 343.16 (1) (bm) and (c)
and (2) (cm) to (e), no operator's license may be issued unless a driver's examination has
been administered by the department.
SB287, s. 54
1Section 54. 346.915 (3) of the statutes, as created by 2009 Wisconsin Act 255,
2is amended to read:
SB287,20,83 346.915 (3) The operator of any vehicle that is not a snowplow and that
4approaches from the rear any snowplow that is engaged in highway winter
5maintenance snow and ice removal, as described in sub. (1), and is using lamps
6described in s. 347.26 (7) and that is stopped at an intersection shall stop not less
7than 20 feet from the snowplow and remain stopped until the snowplow resumes
8motion.
Note: Adds "and" in 2 places to correct grammar.
SB287, s. 55 9Section 55. 440.314 (1) of the statutes, as created by 2009 Wisconsin Act 282,
10is amended to read:
SB287,20,1611 440.314 (1) The department may promulgate rules necessary to administer
12this subchapter, including rules of conduct by behavior analysts and by holders of
13temporary permits under sub. (2). Except as provided in subs. (2) , and (3), and (4),
14any rules regarding the practice of behavior analysis shall be consistent with
15standards established by the Behavior Analyst Certification Board, Inc., or its
16successor organization.
Note: There is no s. 440.314 (4).
SB287, s. 56 17Section 56. 448.015 (4) of the statutes, as affected by 2009 Wisconsin Acts 280
18and 382, is renumbered 448.015 (4) (am), and 448.015 (4) (am) 2., as renumbered, is
19amended to read:
SB287,20,2120 448.015 (4) (am) 2. Any act by a physician or physician assistant in violation
21of ch. 450 or 961.
SB287,20,23 22(bm) "Unprofessional conduct" does not include providing expedited partner
23therapy as described in s. 448.035.

Note: 2009 Wisconsin Act 280 added to s. 448.015 (4) the language in the
paragraph numbered (bm) by this provision. 2009 Wis. Act 382 subdivided s. 448.015 (4)
into multiple paragraphs without taking into account the treatment by Act 280. Section
448.015 (4) is renumbered and reorganized by this provision to accommodate the
language added by Act 280 within the structure created by Act 382.
SB287, s. 57 1Section 57. 450.01 (23) (c) of the statutes is amended to read:
SB287,21,32 450.01 (23) (c) The distribution of prescription drug samples, if the distribution
3is permitted under 21 CFR USC 353 (d).
Note: Inserts correct cross-reference. There is no 21 CFR 353 (d). The distribution
of drug samples is regulated under 21 USC 353 (d).
SB287, s. 58 4Section 58. 460.10 (1) (a) of the statutes, as affected by 2009 Wisconsin Act
5355
, section 43, is amended to read:
SB287,21,106 460.10 (1) (a) Requirements and procedures for a license holder to complete
7continuing education programs or courses of study to qualify for renewal of his or her
8license. The rules promulgated under this paragraph may not require a license
9holder to complete more than 24 hours of continuing education program programs
10or courses of study in order to qualify for renewal of his or her license.
Note: Replaces the singular with the plural for internal consistency.
SB287, s. 59 11Section 59. 628.347 (3) (b) 1. of the statutes, as affected by 2009 Wisconsin Act
12343
, is amended to read:
SB287,21,1813 628.347 (3) (b) 1. Nothing in this subsection restricts an insurer from
14contracting for the performance of a function required under par. (a), including
15maintenance of procedures. An insurer is responsible for taking appropriate
16corrective action and may be subject to, sanctions and penalties under subs. (5) and
17(6), regardless of whether the insurer contracts for the performance of a function and
18regardless of the insurer's compliance with subd. 2.
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