SB798: Bill Text

LRB-5548/1

CMH:cjs

2019 - 2020 LEGISLATURE

2019 Senate BILL 798

February 11, 2020 - Introduced by Law Revision Committee. Referred to Committee on Senate Organization.

SB798,1,2 An Act relating to: revising various provisions of the statutes for the purpose of making corrections and reconciling conflicts (Correction Bill).

Analysis by the Legislative Reference Bureau

This correction bill, prepared by the Legislative Reference Bureau under s. 13.92 (1) (bm) 1. and 2. and (2) (i) and (L), stats., is explained in the Notes in the body of the bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB798,1 Section 1 . 16.417 (1) (e) 1. and 2. of the statutes are amended to read:

SB798,1,7 16.417 (1) (e) 1. A registered nurse who is licensed under s. 441.06 or in a party state, as defined in s. 441.50 (2) (j), or, who is permitted under s. 441.08, or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.51 (2) (k).

SB798,2,2 2. A licensed practical nurse who is licensed or has a temporary permit under s. 441.10 or who is licensed as a licensed practical/vocational nurse holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.50 (2) (j) 441.51 (2) (k).

Note: 2017 Wis. Act 135 repealed s. 441.50, which ratified the Nurse Licensure Compact, and created s. 441.51 to ratify the newer Enhanced Nurse Licensure Compact. Act 135 did not take into account the cross-references to s. 441.50 created in s. 16.417 (1) (e) by 2017 Wis. Act 59. Consistent with other such cross-reference changes in Act 135, this Section changes cross-references to the now-repealed older compact provisions in favor of references to the new compact.

SB798,2 Section 2 . 16.423 (3) (c) of the statutes is amended to read:

SB798,2,6 16.423 (3) (c) For each appropriation of the state agency, an analysis of whether the appropriation contributes to the mission of the state agency and whether the objectives of the appropriation justify its expenditures.

Note: Inserts a missing word. The term “state agency” is defined in s. 16.423. “State” is inserted before “agency” so that the defined term is used consistently in the section.

SB798,3 Section 3 . The treatment of 16.855 (22) of the statutes by 2017 Wisconsin Act 237 is not repealed by 2017 Wisconsin Act 365. Both treatments stand.

Note: There is no conflict of substance.

SB798,4 Section 4 . 16.9945 (3m) (a) to (c) of the statutes are amended to read:

SB798,2,12 16.9945 (3m) (a) If the population of the municipality within which the eligible public library or library branch, as defined in sub. (2m) (a) 1., is located is 2,000 or less, $5,000.

SB798,2,15 (b) If the population of the municipality within which the eligible public library or library branch, as defined in sub. (2m) (a) 1., is located is at least 2,001 but less than 5,000, $7,500.

SB798,2,18 (c) If the population of the municipality within which the eligible public library or library branch, as defined in sub. (2m) (a) 1., is located is at least 5,000 but less than 20,001, $10,000.

Note: Inserts a term defined in s. 16.9945 (2m) (a) 1. Drafting records show that s. 16.9945 (2m) (a) 1., defining “library branch,” was added to a preliminary version of the bill that became 2017 Wis. Act 142, but that the corresponding language relating to branch libraries inserted in the bill did not incorporate the defined term.

SB798,5 Section 5 . The treatment of 20.115 (1) (gb) of the statutes by 2017 Wisconsin Act 225 is not repealed by 2017 Wisconsin Act 366. Both treatments stand.

Note: There is no conflict of substance.

SB798,6 Section 6 . The treatment of 20.835 (2) (cp) of the statutes by 2017 Wisconsin Act 58 is not repealed by 2017 Wisconsin Act 59. Both treatments stand.

Note: There is no conflict of substance.

SB798,7 Section 7 . The treatment of 23.425 (2) (b) of the statutes by 2017 Wisconsin Act 59, section 525, is not repealed by 2017 Wisconsin Act 366, section 37. Both treatments stand.

Note: There is no conflict of substance.

SB798,8 Section 8 . 32.28 (3) (f) of the statutes is amended to read:

SB798,3,14 32.28 (3) (f) The condemnee appeals an award of the condemnation commission which exceeds the jurisdictional offer or the highest written offer prior to the jurisdictional offer by at least the amount specified in sub. (4) and at least 15 percent, if the jury verdict as approved by the court under s. 32.05 (10) or 32.06 (10) exceeds the award of the condemnation commission by at least $700 the amount specified in sub. (4) and at least 15 percent;

Note: Makes the provision consistent with the remainder of s. 32.28. 2017 Wis. Act 59 changed 6 out of 7 of the occurrences of “at least $700 and at least 15 percent” to “at least the amount specified in sub. (4) and at least 15 percent.” Drafting records indicate that all such occurrences were intended to be changed.

SB798,9 Section 9 . 46.2898 (1) (d) of the statutes is amended to read:

SB798,3,18 46.2898 (1) (d) “Internal support” means primary employment support for an individual with disabilities a disability provided by an employer or employees of the employer and not by a job coach or other individual from outside the employer.

Note: Makes the term consistent with that used throughout the statutes.

SB798,10 Section 10. The treatment of 48.685 (1) (b) of the statutes by 2017 Wisconsin Act 59 is not repealed by 2017 Wisconsin Act 365. Both treatments stand.

Note: There is no conflict of substance.

SB798,11 Section 11 . The treatment of 48.685 (6) (a) of the statutes by 2017 Wisconsin Act 59 is not repealed by 2017 Wisconsin Act 365. Both treatments stand.

Note: There is no conflict of substance.

SB798,12 Section 12 . 49.143 (3g) (title) of the statutes is repealed.

Note: All substantive provisions of s. 49.143 (3g) were renumbered to s. 49.143 (3) by 2017 Wis. Act 266. The title has been removed from the published statutes.

SB798,13 Section 13 . 53.05 (2) of the statutes is amended to read:

SB798,4,11 53.05 (2) If a court of another state in which a guardianship of the person proceeding or proceeding to appoint a guardianship guardian of the estate is pending requests assistance of the kind provided in sub. (1), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.

Note: Inserts the correct word form.

SB798,14 Section 14 . The treatment of 60.37 (4) (a) of the statutes by 2017 Wisconsin Act 12 is not repealed by 2017 Wisconsin Act 326. Both treatments stand.

Note: There is no conflict of substance.

SB798,15 Section 15 . 66.0626 (1) (b) of the statutes is amended to read:

SB798,4,16 66.0626 (1) (b) “Failing private on-site wastewater treatment system" has the meaning provided in s. 145.245 (4) 145.01 (4m).

Note: Section 145.245 (4) is repealed by 2017 Wis. Act 59 effective June 30, 2021, and s. 145.01 (4m) is amended by 2017 Wis. Act 59 effective June 30, 2021, to incorporate the definition of “failing private on-site wastewater treatment system” currently in s. 145.245 (4). This Section changes this cross-reference effective June 30, 2021 (see Section 50).

SB798,16 Section 16 . 66.0317 (1) (c) of the statutes is repealed.

Note: Section 66.0317 (1) (c) defines “metropolitan service delivery,” a term that is not used in the statutes.

SB798,17 Section 17. 66.1015 (3) (title) of the statutes is repealed.

Note: The remaining subsections of s. 66.1015 do not have titles.

SB798,18 Section 18 . The treatment of 77.54 (9m) of the statutes by 2017 Wisconsin Act 190 is not repealed by 2017 Wisconsin Act 231. Both treatments stand.

Note: There is no conflict of substance.

SB798,19 Section 19 . The treatment of 101.02 (7r) (a) of the statutes by 2017 Wisconsin Act 330 is not repealed by 2017 Wisconsin Act 331. Both treatments stand.

Note: There is no conflict of substance.

SB798,20 Section 20 . 101.62 (5) (c) 2. of the statutes is amended to read:

SB798,5,11 101.62 (5) (c) 2. If the permittee chooses to request that the permittee's complaint remain anonymous, the council may not review the complaint unless the council receives 2 additional anonymous complaints regarding the building inspector. If 2 or more additional complaints are made, the council shall proceed with its review, and none of the complaints may continue to be anonymous.

Note: Inserts a missing word. The term “building inspector” is defined in s. 101.62 (5). “Building” is inserted before “inspector” so that the defined term is used consistently in the subsection.

SB798,21 Section 21 . The treatment of 101.82 (1) of the statutes by 2017 Wisconsin Act 59 is not repealed by 2017 Wisconsin Act 366. Both treatments stand.

Note: There is no conflict of substance.

SB798,22 Section 22 . 111.335 (4) (f) 6. of the statutes is amended to read:

SB798,6,2 111.335 (4) (f) 6. A state licensing agency described in subd. 1. shall promulgate rules to implement this paragraph, except that the department of safety and professional services may promulgate rules defining uniform procedures for making such determinations to be used by the department of safety and professional services, the real estate appraisers board, and all examining boards and affiliated credentialing boards attached to the department of safety and professional services or an examining board.

Note: Clarifies that the department referred to is the department of safety and professional services. Section 111.32 (4) defines “department” to generally mean the department of workforce development in subch. II of ch. 111, which includes s. 111.335.

SB798,23 Section 23 . 118.25 (2) (a) 2. of the statutes is amended to read:

SB798,6,11 118.25 (2) (a) 2. The school board may require a school employee to complete additional health examinations, including physical examinations and an examination consisting of a screening questionnaire for tuberculosis approved by the department of health services, at intervals determined by the school board. A screening questionnaire administered as permitted under this subdivision may be administered by a school nurse or by a registered nurse who is selected by the school employee and who is licensed under s. 441.06 or holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.50 (2) (j) 441.51 (2) (k).

Note: 2017 Wis. Act 135 repealed s. 441.50, which ratified the Nurse Licensure Compact, and created s. 441.51 to ratify the newer Enhanced Nurse Licensure Compact. Act 135 did not take into account the cross-reference to s. 441.50 created in s. 118.25 (2) (a) 2. by 2017 Wis. Act 107. Consistent with other such cross-reference changes in Act 135, this Section changes cross-references to the now-repealed older compact provisions in favor of references to the new compact.

SB798,24 Section 24 . The treatment of 118.60 (3) (ar) 4. of the statutes by 2017 Wisconsin Act 36 is not repealed by 2017 Wisconsin Act 366. Both treatments stand.

Note: There is no conflict of substance.

SB798,25 Section 25 . The treatment of 119.04 (1) of the statutes by 2017 Wisconsin Act 143 is not repealed by 2017 Wisconsin Act 364. Both treatments stand.

Note: There is no conflict of substance.

SB798,26 Section 26 . The treatment of 165.505 (8) of the statutes by 2017 Wisconsin Act 173 is not repealed by 2017 Wisconsin Act 365. Both treatments stand.

Note: There is no conflict of substance. See also the treatment of s. 165.505 (8) at Section 49.