Wisconsin Lawyer
Vol. 75, No. 6, June 2002

Recently Passed Legislation

Recently passed legislation is offered in response to member requests for more, although highly abbreviated, information on new Wisconsin laws.

Supplemental unemployment insurance benefits
2001 Wis. Act 43
2001 Assembly Bill 742
Publication date*: Feb. 15, 2002
Relating to: Temporary supplemental unemployment insurance benefits and certain other changes to the unemployment insurance law.

New economy legislation
2001 Wis. Act 44
2001 Senate Bill 333
Publication date*: April 3, 2002
Relating to: Merger and conversion of business entities, exemptions from securities registration requirements and licensing requirements for securities broker-dealers and securities agents, registered agents for business entities, filing of documents relating to certain business entities, administrative dissolution of business entities, amended certificates of authority for certain foreign business entities, granting rule-making authority.
Effective date: This act takes effect on the first day of the 6th month beginning after publication.

Motor vehicle sales tax
2001 Wis. Act 45
2001 Assembly Bill 769
Publication date*: April 5, 2002
Relating to: Sales tax on motor vehicles purchased after a consumer receives a refund under a new motor vehicle warranty.
Effective date: This act takes effect on the first day of the 2nd month beginning after publication.

Congressional redistricting
2001 Wis. Act 46
2001 Assembly Bill 711
Publication date*: April 9, 2002
Relating to: Congressional redistricting.
Initial applicability: 1) This act first applies, with respect to regular elections, to offices filled at the 2002 general election.
2) This act first applies, with respect to special or recall elections, to offices filled or contested concurrently with the 2002 general election.

Speed limit near school crossing signs
2001 Wis. Act 47
2001 Senate Bill 38
Publication date*: April 16, 2002
Relating to: The speed limit at certain intersections and other locations marked with school crossing signs.
Initial applicability: This act first applies to vehicles operated on the effective date of this subsection.

Department of Public Instruction - remedial legislation
2001 Wis. Act 48
2001 Senate Bill 302
Publication date*: April 16, 2002
Relating to: The name of the division for libraries and community learning in the department of public instruction and the definition of minority group (suggested as remedial legislation by the department of public instruction).

Municipalities' quota of "Class B" intoxicating liquor licenses
2001 Wis. Act 49
2001 Assembly Bill 249
Publication date*: April 16, 2002
Relating to: The effect of annexation or detachment of territory on a municipality's quota of "Class B" intoxicating liquor licenses.
Initial applicability: This act first applies to territory annexed or detached on the effective date of this subsection.

Regulation of amateur radio antennas
2001 Wis. Act 50
2001 Assembly Bill 368
Publication date*: April 16, 2002
Relating to: The authority of cities, villages, towns, and counties to regulate amateur radio antennas and antenna support structures.

Registration of certain hospitalized electors
2001 Wis. Act 51
2001 Assembly Bill 589
Publication date*: April 16, 2002
Relating to: Registration by certain hospitalized electors.

The practice of nurse-midwifery
2001 Wis. Act 52
2001 Assembly Bill 725
Publication date*: April 16, 2002
Relating to: The practice of nurse-midwifery, providing an exemption from emergency rule procedures, and granting rule-making authority.

Professional geology, hydrology, or soil science license exceptions
2001 Wis. Act 53
2001 Assembly Bill 358
Publication date*: April 17, 2002
Relating to: Exceptions from the requirement to obtain a license to practice professional geology, professional hydrology, or professional soil science and granting rule-making authority.

School board elections and members
2001 Wis. Act 54
2001 Senate Bill 118
Publication date*: April 17, 2002
Relating to: The procedures for changing the number of school board members, for establishing a plan of apportionment of school board members, and for providing election to numbered seats on a school board.

Class A bear hunting license system
2001 Wis. Act 55
2001 Assembly Bill 31
Publication date*: April 17, 2002
Relating to: Certain applicants for preference points under the cumulative preference system for issuing Class A bear hunting licenses.

Possession of wild game, plants, and farm-raised game animals
2001 Wis. Act 56
2001 Senate Bill 307
Publication date*: April 17, 2002
Relating to: The possession of wild animals and their carcass parts; farm-raised deer; farm-raised game birds; animal health and animal markets, dealers, and truckers; participation in the national poultry improvement plan; taking, removing, selling, and transporting certain wild plants; granting rule-making authority; making appropriations; and providing penalties.
Effective dates: This act takes effect on Jan. 1, 2003, except as follows:
1) The treatment of sections 169.015, 169.29, 169.34, and 169.35 of the statutes takes effect on the day after publication.

Wisconsin School for the Deaf and education council
2001 Wis. Act 57
2001 Senate Bill 176
Publication date*: April 23, 2002
Relating to: The Wisconsin School for the Deaf and creating a deaf and hard-of-hearing education council.

Crossing gates on school buses
2001 Wis. Act 58
2001 Senate Bill 179
Publication date*: April 23, 2002
Relating to: Requiring crossing gates on school buses, granting rule-making authority, and providing a penalty.
Effective date: This act takes effect on the first day of the 25th month beginning after publication.

Department of Health and Family Services - remedial legislation
2001 Wis. Act 59
2001 Assembly Bill 655
Publication date*: April 23, 2002
Relating to: Testing of donors of human ova for the presence of human immunodeficiency virus; membership of the council on developmental disabilities; and changing the term used to describe a residential facility operated by a child welfare agency for the care and maintenance of children (suggested as remedial legislation by the department of health and family services).
Initial applicability:1) Council on Developmental Disabilities. The treatment of sections 15.197 (11n) (intro.), (a) (intro.), 1. to 3., and 4., (am) (intro.), 2., and 3., (b), (bm), (c), (cm), and (d) and 51.437 (14r) (a) 7. and (c) of the statutes first applies to appointments or reappointments of members of the council on developmental disabilities made on the effective date of this subsection.

Payment of a claim
2001 Wis. Act 60
2001 Assembly Bill 327
Publication date*: April 23, 2002
Relating to: Expenditure of $9,296 from moneys appropriated to the department of transportation in payment of a claim against the state made by Robert and Dorothy Messner.

Powers of court commissioners
2001 Wis. Act 61
2001 Assembly Bill 354
Publication date*: April 23, 2002
Relating to: Powers, responsibilities, and appointment of court commissioners.
Effective date: This act takes effect on the first day of the 2nd month beginning after publication.

Revising statutes to correct conflicts
2001 Wis. Act 62
2001 Senate Bill 367
Publication date*: April 23, 2002
Relating to: Repealing, consolidating, renumbering, amending and revising various provisions of ss. 10.62 to 10.82 of the statutes for the purpose of correcting conflicts between the listings in ss. 10.62 to 10.82 and the substantive statutes to which those sections refer (Revisor's Correction Bill).

Numbering statute subchapters
2001 Wis. Act 63
2001 Senate Bill 368
Publication date*: April 23, 2002
Relating to: Numbering unnumbered subchapter titles in the statutes (Revisor's Revision Bill).

Revising statutes to correct conflicts
2001 Wis. Act 64
2001 Senate Bill 369
Publication date*: April 23, 2002
Relating to: Amending and revising section 409.109 (1) (intro.) of the statutes for the purpose of reconciling conflicts and repelling unintended repeals (Revisor's Correction Bill).

Changes to the insurance laws
2001 Wis. Act 65
2001 Senate Bill 375
Publication date*: April 23, 2002
Relating to: Miscellaneous changes to the insurance laws related to the confidentiality of personal information obtained in the course of administering a state insurance fund, the statute of limitations for bringing an action against the patients compensation fund and providing notice of mediation to that fund, the applicability of a timeliness requirement for the payment of insurance claims for chiropractic services, an exception from a requirement to obtain consent to incorporate certain publications by reference in administrative rules, the type of property for which the loss amount is the insurance limits, the renewal date for viatical settlement brokers' licenses, eliminating the requirement to keep a separate account for surplus lines taxes, issuance of temporary licenses for intermediaries, specifying by rule the amount of stop-loss reinsurance that a town mutual must obtain, standards related to assisting unauthorized insurers, providing notice of the right to independent review, and defining extraordinary dividends for life insurers; and granting rule-making authority.

Adding licensed nurse information to licensure information system
2001 Wis. Act 66
2001 Senate Bill 356
Publication date*: April 25, 2002
Relating to: The disclosure of information about licensed nurses to the coordinated licensure information system.

Paying a medical assistance supplement for services to family care recipients
2001 Wis. Act 67
2001 Senate Bill 479
Publication date*: April 25, 2002
Relating to: Payment of a medical assistance supplement to care management organizations that contract with municipal nursing homes for the provision of services to family care recipients.
Effective date: This act takes effect on July 1, 2002.

State traffic patrol investigations
2001 Wis. Act 68
2001 Assembly Bill 737
Publication date*: April 25, 2002
Relating to: Investigations by state traffic patrol officers and inspectors.

Structured living arrangements for children who are custodial parents or expectant mothers
2001 Wis. Act 69
2001 Assembly Bill 488
Publication date*: April 25, 2002
Relating to: Placement of a child who is a custodial parent or an expectant mother in a safe and structured living arrangement in which the child is provided with training in parenting skills and other skills to promote the child's long-term economic independence and the well-being of the child's child, grants for the provision of such living arrangements and related services, granting rule-making authority, and making an appropriation.

Licensing physical therapists and assistants
2001 Wis. Act 70
2001 Assembly Bill 615
Publication date*: April 25, 2002
Relating to: Licensing of physical therapists and physical therapist assistants and granting rule-making authority.

Funding to enforce laws regulating snowmobiles
2001 Wis. Act 71
2001 Assembly Bill 588
Publication date*: April 25, 2002
Relating to: Funding for the enforcement of laws regulating snowmobiles and the operation of snowmobiles and making an appropriation.

Furnishing freezer cabinets to dairy product retailers
2001 Wis. Act 72
2001 Senate Bill 471
Publication date*: April 25, 2002
Relating to: Authorizing dairy product wholesalers to furnish freezer cabinets to dairy product retailers.

Regulating anhydrous ammonia
2001 Wis. Act 73
2001 Assembly Bill 507
Publication date*: April 29, 2002
Relating to: The regulation of anhydrous ammonia and providing a penalty.

Regulating massage therapists and bodyworkers
2001 Wis. Act 74
2001 Senate Bill 413
Publication date*: April 29, 2002
Relating to: The regulation of massage therapists and bodyworkers, creating a massage therapy and bodywork council, granting rule-making authority, making an appropriation, and providing a penalty
Effective date: This act takes effect on March 1, 2003.

Complying with prohibitions against providing tobacco products to minors
2001 Wis. Act 75
2001 Senate Bill 360
Publication date*: April 29, 2002
Relating to: Investigations to determine compliance with certain prohibitions against selling or giving cigarettes and tobacco products to minors, requiring retailers to provide training to their employees on compliance with those prohibitions, authorizing counties and municipalities to enact ordinances prohibiting minors from purchasing or possessing cigarettes and tobacco products, requiring certain information to be included on an application for a license to sell, expose for sale, possess with intent to sell, exchange, barter, dispose of, or give cigarettes or tobacco products to a person, and providing an exemption from rule-making procedures.
Effective dates: This act takes effect on the day after publication, except:
1) Compliance Training Requirement. The treatment of section 134.66 (2m) of the statutes and Section 21 (2) of this act take effect on the first day of the 3rd month beginning after publication.

Veterinary postgraduate training permits
2001 Wis. Act 76
2001 Senate Bill 340
Publication date*: April 29, 2002
Relating to: Veterinary postgraduate training permits.

Period when sturgeon spearing licenses cannot be issued
2001 Wis. Act 77
2001 Assembly Bill 251
Publication date*: April 29, 2002
Relating to: The period of time during which sturgeon spearing licenses may not be issued.
Effective date: This act takes effect on the Sept. 1 after publication.

Permits authorizing use of highways by specialized hauling rigs
2001 Wis. Act 78
2001 Assembly Bill 147
Publication date*: May 1, 2002
Relating to: Creating a permit authorizing the operation upon a highway of a specialized hauling rig that exceeds statutory size and weight limits.

Membership of the child abuse and neglect prevention board
2001 Wis. Act 79
2001 Senate Bill 247
Publication date*: May 1, 2002
Relating to: The membership of the child abuse and neglect prevention board.

Regulating social workers and other professional counselors
2001 Wis. Act 80
2001 Assembly Bill 206
Publication date*: May 1, 2002
Relating to: Regulation of social workers, advanced practice social workers, independent social workers, clinical social workers, marriage and family therapists, professional counselors, and art, music, and dance therapists, granting rule-making authority, and providing a penalty.
Effective date: This act takes effect on the first day of the 6th month beginning after publication.

Drug treatment reimbursements for people with HIV
2001 Wis. Act 81
2001 Assembly Bill 733
Publication date*: May 1, 2002
Relating to: Expanding eligibility for drug treatment reimbursement grants for persons with HIV infections.

Insurance coverage for prescriptions to treat diabetes
2001 Wis. Act 82
2001 Senate Bill 250
Publication date*: May 1, 2002
Relating to: Insurance coverage of prescription medications used to treat diabetes.
Effective date: This act takes effect on Jan. 1, 2003.

Administering drugs to pupils
2001 Wis. Act 83
2001 Senate Bill 178
Publication date*: May 2, 2002
Relating to: Administering drugs to pupils in compliance with instructions of practitioners.

* Section 991.11, Wisconsin Statutes 1999_00: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].

Renaming the institute for environmental studies
2001 Wis. Act 84
2001 Senate Bill 415
Publication date*: May 2, 2002
Relating to: Renaming the institute for environmental studies at U.W.-Madison.

Business improvement district lands
2001 Wis. Act 85
2001 Assembly Bill 65
Publication date*: May 2, 2002
Relating to: Parcels of land that may be included in a business improvement district.

Public nuisance receiverships
2001 Wis. Act 86
2001 Senate Bill 88
Publication date*: May 2, 2002
Relating to: Receiverships for public nuisance.

Notifying the legislature of a proposed rule
2001 Wis. Act 87
2001 Senate Bill 116
Publication date*: May 2, 2002
Relating to: Notification to the legislature of a proposed rule.

Town sanitary district petition requirements
2001 Wis. Act 88
2001 Assembly Bill 412
Publication date*: May 2, 2002
Relating to: Petition requirements for the creation of a town sanitary district.

Licensing and regulating perfusionists
2001 Wis. Act 89
2001 Assembly Bill 256
Publication date*: May 2, 2002
Relating to: Licensing perfusionists, creating a perfusionists examining council, and granting rule-making authority.
Effective dates: This act takes effect on the first day of the 8th month beginning after publication, except: 1) The treatment of section 15.407 (2m) of the statutes and Section 31 (1) and (2) of this act take effect on the day after publication.

Regulating electric personal assistive mobility devices
2001 Wis. Act 90
2001 Senate Bill 393
Publication date*: May 2, 2002
Relating to: Electric personal assistive mobility devices, granting rule-making authority, and providing penalties.

Theft of farm-raised fish
2001 Wis. Act 91
2001 Senate Bill 378
Publication date*: May 2, 2002
Relating to: Theft of farm_raised fish and providing penalties.

Establishing an outdoor wildlife heritage trust fund
2001 Wis. Act 92
2001 Senate Bill 330
Publication date*: May 2, 2002
Relating to: Establishing a Wisconsin outdoor wildlife heritage trust fund and making an appropriation.

Disclosing information from the DOT to the selective service system
2001 Wis. Act 93
2001 Assembly Bill 242
Publication date*: May 6, 2002
Relating to: The disclosure of information obtained by the department of transportation from applications for drivers' licenses, permits, or identification cards to the selective service system for the purposes of registration with the selective service system.
Effective date: This act takes effect on the first day of the 6th month beginning after publication.

Who may be appointed PRs in informal administration
2001 Wis. Act 94
2001 Assembly Bill 123
Publication date*: May 6, 2002
Relating to: Who may be appointed personal representative in informal administration.

Prohibiting possession of body armor by certain felons
2001 Wis. Act 95
2001 Assembly Bill 157
Publication date*: May 6, 2002
Relating to: Possession of body armor by persons convicted of or adjudicated delinquent for certain felony offenses and providing a penalty.

Interstate compact for supervising adult offenders
2001 Wis. Act 96
2001 Assembly Bill 481
Publication date*: May 6, 2002
Relating to: The interstate compact for adult offender supervision.

Prohibiting child sex offenders from working with children
2001 Wis. Act 97
2001 Assembly Bill 482
Publication date*: May 6, 2002
Relating to: Child sex offenders working or volunteering with children and providing a penalty.

Awarding high school diplomas to veterans
2001 Wis. Act 98
2001 Senate Bill 61
Publication date*: May 8, 2002
Relating to: Awarding high school diplomas to veterans.

Proclaiming purple heart day
2001 Wis. Act 99
2001 Senate Bill 364
Publication date*: May 8, 2002
Relating to: Proclaiming Purple Heart Day.

Designating POW-MIA recognition day
2001 Wis. Act 100
2001 Assembly Bill 497
Publication date*: May 8, 2002
Relating to: Designating and observing POW_MIA Recognition Day.

Designating the Leo Frigo Memorial Bridge in Green Bay
2001 Wis. Act 101
2001 Assembly Bill 519
Publication date*: May 8, 2002
Relating to: Designating the bridge on I-43 across the Fox River in the city of Green Bay as the Leo Frigo Memorial Bridge.

* Section 991.11, Wisconsin Statutes 1999_00: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of enactment.