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51.13 (1) (bm) Minors 14 years of age or older; alcoholism or drug abuse treatment. Except as provided in par. (c) and ss. 51.42 51.45 (2m) and 51.47, the application for admission of a minor who is 14 years of age or older to an approved inpatient facility for the primary purpose of treatment for alcoholism or drug abuse shall be executed by a parent who has legal custody of the minor or the minor's guardian. Any statement or conduct by a minor who is the subject of an application for admission under this paragraph indicating that the minor does not agree to admission to the facility shall be noted on the face of the application and shall be noted in the petition required under sub. (4).
Note: There is no s. 51.42 (2m). Section 51.45 (2m) relates to alcohol treatment for minors.
195,11 Section 11. 51.15 (4m) (b) of the statutes, as created by 2013 Wisconsin Act 235, is amended to read:
51.15 (4m) (b) Basis for detention. In Milwaukee County, a treatment director or treatment director designee may take an individual into custody if the treatment director or treatment director designee has cause to believe that the individual is mentally ill, is drug dependent, or is developmentally disabled, and that the individual evidences any of the criteria under sub. (1) (a) (ar) 1. to 4. The treatment director's belief or the treatment director designee's belief shall be based on any of the criteria under sub. (1) (b).
Note: Corrects cross-reference to reflect renumbering by 2013 Wis. Act 158.
195,12 Section 12. 51.15 (4m) (c) of the statutes, as created by 2013 Wisconsin Act 235, is amended to read:
51.15 (4m) (c) Facilities for detention. The treatment director or treatment director designee shall transport the individual, or cause him or her to be transported, for detention to any of the facilities described in sub. (2) (a) to (d) and shall approve evaluation, diagnosis, and treatment if permitted under sub. (8).
Note: Corrects cross-reference to reflect consolidation, renumbering, and repeal by 2013 Wis. Act 158.
195,13 Section 13. 51.15 (11) of the statutes is amended to read:
51.15 (11) Liability. Any individual who acts in accordance with this section, including making a determination that an individual has or does not have mental illness or evidences or does not evidence a substantial probability of harm under sub. (1) (a) (ar) 1., 2., 3., or 4., is not liable for any actions taken in good faith. The good faith of the actor shall be presumed in any civil action. Whoever asserts that the individual who acts in accordance with this section has not acted in good faith has the burden of proving that assertion by evidence that is clear, satisfactory and convincing.
Note: Section 51.15 (1) (a) was renumbered s. 51.15 (1) (ar) by 2013 Wis. Act 158 but the cross-reference was not amended accordingly.
195,14 Section 14. The treatment of 51.20 (7) (a) of the statutes by 2013 Wisconsin Act 158 is not repealed by 2013 Wisconsin Act 340. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 51.20 (7) (a) reads:
(a) After the filing of the petition under sub. (1), if the subject individual is detained under s. 51.15 or this section the court shall schedule and hold a hearing to determine whether there is probable cause to believe the allegations made under sub. (1) (a) within 72 hours after the individual is taken into custody under s. 51.15 or this section, excluding Saturdays, Sundays and legal holidays. At the request of the subject individual or his or her counsel the hearing may be postponed, but in no case may the postponement exceed 7 days from the date of detention.
195,15 Section 15. 51.41 (5) (b) of the statutes, as affected by 2013 Wisconsin Act 203, section 35m, is amended to read:
51.41 (5) (b) The Milwaukee County mental health board may transfer jurisdiction over a Milwaukee County function, service, or program to itself that pertains to mental health or is highly integrated with mental health services and that is not under its jurisdiction by statute, by an affirmative vote of a majority of the Milwaukee County mental health board members and a majority of the Milwaukee County board of supervisors.
Note: "Members" was deleted without being shown as stricken. The deletion was unintended. See also Section 72 of this bill.
195,16 Section 16. The treatment of 59.54 (25g) of the statutes by 2013 Wisconsin Act 293 is not repealed by 2013 Wisconsin Act 351. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 59.54 (25g) (a) (intro.), as renumbered and amended from s. 59.54 (25g) by Act 293, reads:
(a) The board may enact and enforce an ordinance to prohibit the possession of any controlled substance specified in s. 961.14 (4) (tb), and provide a forfeiture for a violation of the ordinance, except that if a complaint is issued regarding an allegation of possession of a controlled substance specified in s. 961.14 (4) (tb) following a conviction in this state for possession of a controlled substance, the subject of the complaint may not be prosecuted under this subsection for the same action that is the subject of the complaint unless all of the following occur:
195,17 Section 17. The treatment of 66.0107 (1) (bn) of the statutes by 2013 Wisconsin Act 293 is not repealed by 2013 Wisconsin Act 351. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 66.0107 (1) (bn) reads:
(bn) Enact and enforce an ordinance to prohibit the possession of a controlled substance specified in s. 961.14 (4) (tb) and provide a forfeiture for a violation of the ordinance, except that if a complaint is issued regarding an allegation of possession of a controlled substance specified in s. 961.14 (4) (tb) following a conviction in this state for possession of a controlled substance, the subject of the complaint may not be prosecuted under this paragraph for the same action that is the subject of the complaint unless the charges are dismissed or the district attorney declines to prosecute the case.
195,18 Section 18. The treatment of 71.05 (6) (b) 47. b. of the statutes by 2013 Wisconsin Act 145 is not repealed by 2013 Wisconsin Act 173. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 71.05 (6) (b) 47. b. reads:
b. With respect to partners and members of limited liability companies, for taxable years beginning after December 31, 2010, and before January 1, 2014, for 2 consecutive taxable years beginning with the taxable year in which the partnership's or limited liability company's business locates to this state from another state or another country and begins doing business in this state, as defined in s. 71.22 (1r), and subject to the limitations provided under subd. 47. d., dm., and e., the partner's or member's distributive share of taxable income as calculated under section 703 of the Internal Revenue Code; plus the items of income and gain under section 702 of the Internal Revenue Code, including taxable state and municipal bond interest and excluding nontaxable interest income or dividend income from federal government obligations; minus the items of loss and deduction under section 702 of the Internal Revenue Code, except items that are not deductible under s. 71.21; plus guaranteed payments to partners under section 707 (c) of the Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r), (3rm), (3rn), (3s), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5r), (5rm), and (8r); and plus or minus, as appropriate, transitional adjustments, depreciation differences, and basis differences under s. 71.05 (13), (15), (16), (17), and (19), multiplied by the apportionment fraction determined in s. 71.04 (4) and subject to s. 71.04 (7) or by separate accounting. No amounts subtracted under this subd. 47. b. may be included in the modification under par. (b) 9. or 9m.
195,19 Section 19. The treatment of 97.29 (2) (a) of the statutes by 2013 Wisconsin Act 245 is not repealed by 2013 Wisconsin Act 302. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 97.29 (2) (a) reads:
(a) Requirement. Except as provided under par. (b) and s. 97.28, no person may operate a food processing plant without a valid license issued by the department for that food processing plant. A license expires on March 31 annually, except that a license issued for a new food processing plant on or after January 1 but before April 1 expires on March 31 of the following year. Each food processing plant shall have a separate license. A license is not transferable between persons or locations. Application for a license shall be made on a form provided by the department and be accompanied by the applicable fees required under sub. (3). An applicant shall identify the categories of food processing activities which the applicant proposes to conduct at the food processing plant. An application shall include additional information which may reasonably be required by the department for licensing purposes.
195,20 Section 20. The treatment of 97.30 (2) (a) of the statutes by 2013 Wisconsin Act 298 is not repealed by 2013 Wisconsin Act 302. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 97.30 (2) (a) reads:
(a) Requirement. Except as provided under par. (b), no person may operate a retail food establishment without a valid license issued by the department or an agent city or county. Except as provided in par. (am), licenses expire on June 30 annually, except that a license issued for a new retail food establishment on or after March 30 but before July 1 expires on June 30 of the following year. Each retail food establishment shall have a separate license. A license is not transferable between persons or establishments. Application for a license shall be made on a form provided by the department, or by the agent city or county, and be accompanied by the applicable fees required under sub. (3) or s. 97.41. An application shall indicate whether food processing is conducted at the establishment and shall specify the nature of any food processing activities. An application shall include other information reasonably required by the department, or by the agent city or county, for licensing purposes.
195,21 Section 21. The treatment of 108.04 (2) (a) 2. of the statutes by 2013 Wisconsin Act 20 is not repealed by 2013 Wisconsin Act 173. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 108.04 (2) (a) 2. reads:
2. Except as provided in s. 108.062 (10m), as of that week, the individual has registered for work as directed by the department;
195,22 Section 22. 115.385 (2) of the statutes, as created by 2013 Wisconsin Act 20, is amended to read:
115.385 (2) Beginning one year after a charter school established under s. 118.40 (2r) or a private school participating in a parental choice program under s. 118.60 or 119.23 begins using the student information system under s. 115.28 (12) (b) 115.383 (3), or begins using a system that is interoperable with that system, the department shall include the school in its annual school accountability report under sub. (1).
Note: Section 115.28 (12) (b) was renumbered to s. 115.383 (3) by 2013 Wis. Act 256.
195,23 Section 23. 119.23 (10) (am) 1. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:
119.23 (10) (am) 1. The private school has not complied with the requirements under sub. (7) (f) or (em).
Note: Section 119.23 (7) (f) was repealed by 2013 Wis. Act 237.
195,24 Section 24. 132.16 (3) of the statutes is amended to read:
132.16 (3) The department shall keep a properly indexed file of all registrations under this section, which shall also show any alterations or cancelations cancellations by reregistration.
Note: Inserts preferred spelling.
195,25 Section 25. The treatment of 146.89 (2) (a) of the statutes by 2013 Wisconsin Act 241 is not repealed by 2013 Wisconsin Act 344. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 146.89 (2) (a) reads:
(a) Subject to par. (am), a volunteer health care provider may participate under this section only if he or she submits a joint application with a nonprofit agency, school board, or governing body to the department and the department approves the application. If the volunteer health care provider submits a joint application with a school board or governing body, the application shall include a statement by the school board or governing body that certifies that the volunteer health care provider has received materials that specify school board or governing body policies concerning the provision of health care services to students and has agreed to comply with the policies. The department shall provide application forms for use under this paragraph.
195,26 Section 26. The treatment of 146.89 (4) of the statutes by 2013 Wisconsin Act 241 is not repealed by 2013 Wisconsin Act 344. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 146.89 (4) reads:
(4) Except as provided in sub. (5), volunteer health care providers who provide services under this section are, for the provision of these services, state agents of the department for purposes of ss. 165.25 (6), 893.82 (3) and 895.46. This state agency status does not apply to a volunteer health care provider for whom the department has withdrawn approval of the application under sub. (2) (d). This state agency status applies regardless of whether the volunteer health care provider has coverage under a policy of health care liability insurance that would extend to services provided by the volunteer health care provider under this section; and the limitations under s. 895.46 (1) (a) on the payment by the state of damages and costs in excess of any insurance coverage applicable to the agent and on the duty of a governmental unit to provide or pay for legal representation do not apply. Any policy of health care liability insurance providing coverage for services of a health care provider may exclude coverage for services provided by the health care provider under this section.
195,27 Section 27. The treatment of 165.76 (1) (g) of the statutes by 2013 Wisconsin Act 20 is not repealed by 2013 Wisconsin Act 166. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 4-1-15, s. 165.76 (1) (g) reads:
(g) Has been required by a court under s. 51.20 (13) (cr), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 980.063 to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.
195,28 Section 28. 175.42 (1) (b) and (2) (c) 1. of the statutes, as created by 2013 Wisconsin Act 265, are amended to read:
175.42 (1) (b) "University police officer" means an officer who is employed by the university police department, who has met the requirements of s. 165.85 (4) (b) 1., (bn) 1., and (c) (a) 2. and 7. a., and who has agreed to accept the duties of a law enforcement officer under the laws of this state.
(2) (c) 1. Ensure that each university police officer meets the requirements of s. 165.85 (4) (b) 1., (bn) 1., and (c) (a) 2. and 7. a. and has agreed to accept the duties of a law enforcement officer under the laws of this state.
Note: Section 165.85 (4) was repealed and recreated by 2013 Wis. Act 214. Section 165.85 (4) (a) 2. and 7. a., as affected by 2013 Wis. Act 214, correspond to s. 165.85 (4) (b) 1. and (bn) 1., as they existed prior to Act 214. Act 214 did not contain a provision corresponding to s. 165.85 (4) (c).
195,29 Section 29. The treatment of 230.34 (1) (ar) of the statutes by 2013 Wisconsin Act 123 is not repealed by 2013 Wisconsin Act 166. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 230.34 (1) (ar) reads as follows (see also Section 66 of this bill):
(ar) Paragraphs (a) and (am) apply to all employees with permanent status in class in the classified service and all employees who have served with the state as an assistant district attorney or an assistant state public defender for a continuous period of 12 months or more.
195,30 Section 30. The treatment of 236.13 (2) (a) of the statutes by 2013 Wisconsin Act 280 is not repealed by 2013 Wisconsin Act 358. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 236.13 (2) (a) 1., as renumbered from s. 236.13 (2) (a) by 2013 Wis. Act 280, reads:
1. As a further condition of approval, the governing body of the town or municipality within which the subdivision lies may require that the subdivider make and install any public improvements reasonably necessary or that the subdivider provide security to ensure that he or she will make those improvements within a reasonable time. The governing body may not require the subdivider to provide security at the commencement of a project in an amount that is more than 120 percent of the estimated total cost to complete the required public improvements. It is the subdivider's option whether to execute a performance bond or whether to provide a letter of credit to satisfy the governing body's requirement that the subdivider provide security to ensure that the public improvements are made within a reasonable time. The subdivider may construct the project in such phases as the governing body approves, which approval may not be unreasonably withheld. If the subdivider's project will be constructed in phases, the amount of security required by the governing body shall be limited to the phase of the project that is currently being constructed. The governing body may not require that the subdivider provide any security for improvements sooner than is reasonably necessary before the commencement of the installation of the improvements. If the governing body of the town or municipality requires a subdivider to provide security under this paragraph, the governing body may not require the subdivider to provide the security for more than 14 months after the date the public improvements for which the security is provided are substantially completed and upon substantial completion of the public improvements, the amount of the security the subdivider is required to provide may be no more than an amount equal to the total cost to complete any uncompleted public improvements plus 10 percent of the total cost of the completed public improvements. This paragraph applies to all preliminary and final plats, regardless of whether submitted for approval before, on, or after August 1, 2014.
195,31 Section 31. The treatment of 289.67 (1) (a) of the statutes by 2013 Wisconsin Act 301 is not repealed by 2013 Wisconsin Act 333. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 289.67 (1) (a) reads:
(a) Imposition of fee. Except as provided under pars. (f) to (fm) and s. 289.675 (1), a generator of solid or hazardous waste shall pay an environmental repair fee for each ton or equivalent volume of solid or hazardous waste which is disposed of at a licensed solid or hazardous waste disposal facility. If a person arranges for collection or disposal services on behalf of one or more generators, that person shall pay the environmental repair fee to the licensed solid or hazardous waste disposal facility or to any intermediate hauler used to transfer wastes from collection points to a licensed facility. An intermediate hauler who receives environmental repair fees under this paragraph shall pay the fees to the licensed solid or hazardous waste disposal facility. Tonnage or equivalent volume shall be calculated in the same manner as the calculation made for tonnage fees under s. 289.62 (1).
195,32 Section 32. 295.53 (2) of the statutes, as created by 2013 Wisconsin Act 1, is amended to read:
295.53 (2) Notice. After the department receives an application for a mining permit, it shall notify the public and affected agencies that an environmental impact statement will be prepared for the proposed mine and that the process of identifying major issues under s. NR 150.21 (3) 150.30 (1) (f), Wis. Adm. Code, is beginning.
Note: Changes a cross-reference consistent with the repeal and recreation of ch. NR 150, Wis. Adm. Code, by the Department of Natural Resources.
195,33 Section 33. 295.53 (4) (a) of the statutes, as created by 2013 Wisconsin Act 1, is amended to read:
295.53 (4) (a) The department shall prepare an environmental impact statement for every application for a mining permit. In preparing the environmental impact statement, the department shall comply with s. 1.11 (2) and s. NR 150.22 150.30 (2), Wis. Adm. Code.
Note: Changes a cross-reference consistent with the repeal and recreation of ch. NR 150, Wis. Adm. Code, by the Department of Natural Resources.
195,34 Section 34. 295.53 (4) (e) of the statutes, as created by 2013 Wisconsin Act 1, is amended to read:
295.53 (4) (e) The department shall conduct its environmental review process jointly with any federal or local agency that consents to a joint environmental review process. The department may adopt any environmental analysis prepared by another state agency or by a federal or local agency. The department may enter into a written agreement with any of those agencies that have a major responsibility related to or that are significantly affected by the proposed mining. In the written agreement, the parties shall define the responsibility of each agency in the development of a single environmental impact statement on the proposed mining and outline the procedures to be used in the regulatory process. The department shall be the lead agency for any environmental review process involving other state agencies. To the extent that any federal or local agency's environmental review process conflicts with the provisions of this section or s. 295.57, the department shall follow the provisions of this section and s. 295.57 and may only coordinate its environmental review to the extent consistent with the provisions of this section and s. 295.57. The department shall comment on any federal agency's environmental assessment or environmental impact statement associated with a mining project in accordance with s. NR 150.30 150.40, Wis. Adm. Code.
Note: Changes a cross-reference consistent with the repeal and recreation of ch. NR 150, Wis. Adm. Code, by the Department of Natural Resources.
195,35 Section 35. 295.53 (5) of the statutes, as created by 2013 Wisconsin Act 1, is amended to read:
295.53 (5) Relationship to other laws. This section and s. 295.57 govern the department's obligations under ss. 1.11 and 1.12 with respect to a mining project. Sections 23.11 (5) and 23.40 and ss. NR 2.085, 2.09, and 2.157, Wis. Adm. Code, do not apply with respect to a mining project. The rest of ch. NR 2, Wis. Adm. Code, only applies with respect to a mining project to the extent that it does not conflict with this section and s. 295.57. Sections NR 150.24 and 150.25 150.30 (1) (g) and 150.35, Wis. Adm. Code, do not apply with respect to a mining project. The rest of ch. NR 150, Wis. Adm. Code, only applies with respect to a mining project to the extent that it does not conflict with this section and s. 295.57.
Note: Changes cross-references consistent with the repeal and recreation of ch. NR 150, Wis. Adm. Code, by the Department of Natural Resources.
195,36 Section 36. 321.62 (3) of the statutes is amended to read:
321.62 (3) Effect on rights under a written agreement. This section does not prevent the modification, termination, or cancelation cancellation of any contract, lease, bailment, or secured obligation, or the repossession, retention, foreclosure, sale, or forfeiture of property that is security for any obligation or which has been purchased or received under a contract, lease, or bailment under a written agreement of the parties if that agreement is executed during or after the period of state active duty.
Note: Inserts preferred spelling.
195,37 Section 37. The treatment of 341.14 (6r) (b) 9. b. of the statutes by 2013 Wisconsin Act 163 is not repealed by 2013 Wisconsin Act 188. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 341.14 (6r) (b) 9. b. reads:
b. A fee of $15 shall be charged for the issuance or reissuance of a plate for a special group specified under par. (f) 15m. to 15q. or 62. All moneys received under this subd. 9. b. in excess of the initial costs of production of the special group plate under par. (f) 15m., 2011 stats., or $23,700, whichever is less, shall be deposited in the veterans trust fund.
195,38 Section 38. The treatment of 341.14 (6r) (c) of the statutes by 2013 Wisconsin Act 188 is not repealed by 2013 Wisconsin Act 266. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 341.14 (6r) (c) reads as follows. See also Section 82 of this bill.
(c) Special group plates shall display the word "Wisconsin", the name of the applicable authorized special group, a symbol representing the special group, not exceeding one position, and identifying letters or numbers or both, not exceeding 6 positions and not less than one position. Except as provided in this paragraph, the department shall specify the design for special group plates, but the department shall consult the president of the University of Wisconsin System before specifying the word or symbol used to identify the special groups under par. (f) 35. to 47., the secretary of natural resources before specifying the word or symbol used to identify the special groups under par. (f) 50. and 59., the chief executive officer of the professional football team and an authorized representative of the league of professional football teams described in s. 229.823 to which that team belongs before specifying the design for the applicable special group plate under par. (f) 55., the chief trademark officer of Harley-Davidson Michigan, LLC before specifying the design for the applicable special group plate under par. (f) 61r., the department of veterans affairs before specifying the design for the special group plates under par. (f) 49d., 49h., and 49s., and the department of tourism and chief executive officer of the organization specified in par. (f) 55m. before specifying the design and word or symbol used to identify the special group name for special group plates under par. (f) 55m. Special group plates under par. (f) 50. shall be as similar as possible to regular registration plates in color and design. Special group plates issued under par. (f) 62. shall display the words "In God We Trust". The department shall make available 2 designs for the special group plates under par. (f) 60. The department may not specify any design for the special group plates under par. (f) 60. unless the design is approved by the executive vice president of the Milwaukee Brewers Baseball Club LP. The word or symbol used to identify the special group under par. (f) 59. shall be different from the word or symbol used to identify the special group under par. (f) 50. and the design shall cover the entire plate. Special group plates under par. (f) 61m. shall display a logo or image of the lion associated with the Lions Clubs International. Special group plates under par. (f) 61r. shall display a bar and shield logo associated with Harley-Davidson, Inc., on the left portion of the plates and the words "share the road" on the bottom portion of the plates. Special group plates under par. (f) 63. shall display the words "Trout Unlimited." Notwithstanding par. (e), special group plates under par. (f) 33m. and 48m. shall be the same color and design that was specified by the department for special group plates under par. (f) 33. and 48., respectively, immediately prior to January 1, 2007. The design for special group plates under par. (f) 33. and 48. shall be different from the design of special group plates under par. (f) 33m. and 48m., respectively.
195,39 Section 39. 341.14 (6r) (fm) 7. of the statutes, as affected by 2013 Wisconsin Acts 163, 188, 266 and 275, is amended to read:
341.14 (6r) (fm) 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., 15n., 15o., 15p., 15q., 19m., 33m., 48m., 49d., 49h., 49s., 54., 55., 55m., 56., 57., 58., 59., 60., 61., 61m., 61r., and 62., and 63., and 64.
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