New Laws: 21 Bills signed by Governor Walker

On February 5, Governor Scott Walker signed 21 bills into law at the Wisconsin State Capitol in Madison. Bills ranged from allowing hunters to wear blaze pink to increasing the penalty for concealing a corpse to $25,000.

Senate Bill 309 – amends the Title IV-E foster care program in the Preventing Sex Trafficking and Strengthening Families Act of 2014 to address issues intended to improve the well-being of children and youth in the foster care system, including: introducing a requirement for “reasonable and prudent parenting standard” for out-of-home providers to make decisions about children in their care, limiting the permanency goal of other Planned Permanent Living Arrangements for youth 16 years or older, and reducing the age for providing independent living services for youth in out-of-home care from 16 to 14 years old. Authored by Senator Jerry Petrowski (R – Marathon) and Representative Amy Loudenbeck (R – Clinton), the bill passed the Senate on a voice vote and was concurred by the Assembly on a voice vote. It is Act 128.

Senate Bill 308 – provides persons entering into a subsidized guardianship with the opportunity to name individuals in the agreement or an amended agreement to care for the child in the event of the death or incapacitation of the guardian. Upon the death or incapacitation of the subsidized guardian, the successor guardian named in the agreement will be considered as a placement option for the child. Authored by Senator Jerry Petrowski (R – Marathon) and Representative Amy Loudenbeck (R – Clinton), the bill passed the Senate on a voice vote and was concurred by the Assembly on a voice vote. It is Act 129.

Assembly Bill 98 – requires the Department of Transportation (DOT) to identify the Wisconsin Veterans Tribute and Citizen Soldier Monument in the village of Cadott in Chippewa County on the official state highway map. Authored by Representative Thomas Larson (R – Colfax) and Senator Terry Moulton (R – Chippewa Falls), the bill passed the Assembly on a voice vote and was concurred by the Senate on a voice vote. It is Act 130.

Assembly Bill 291 – allows hunters to wear blaze pink in a manner to be seen by other hunters in the same way the law requires hunters to wear blaze orange to be seen by other hunters. Authored by Representative Nick Milroy (D – South Range) and Senator Terry Moulton (R – Chippewa Falls), the bill passed the Assembly on a voice vote and was concurred by the Senate on a voice vote. It is Act 131.

Senate Bill 304 – eliminates obsolete Department of Children and Families (DCF) chapters and streamlines administrative rules to reflect changes in DCF’s programming structure and execution. Authored by Senator Jerry Petrowski (R – Marathon) and Representative David Heaton (R – Wausau), the bill passed the Senate on a voice vote and was concurred by the Assembly on a voice vote. It is Act 132.

Assembly Bill 223 – changes the time limit to file action in cases where there is injury or damage to property to three years from the current requirement of six years. Additionally, in cases involving a death covered by an automobile insurance policy, claims must be filed within two years of the date of death. Authored by Representative John Spiros (R – Marshfield) and Senator Frank Lasee (R – De Pere), the bill passed the Assembly by a vote of 61-36 and was concurred by the Senate on a voice vote. It is Act 133.

Senate Bill 386 – allows the release of a birth parent’s identifying information when that birth parent is known to be deceased and it does not breach the confidentiality of another legally identified birth parent. The bill also removes the requirement for an eligible requester to obtain a letter from a physician in order to request updated medical and genetic information. The bill additionally allows an adult adoptee to file an affidavit that would give the Adoption Search Program the ability to release his or her identifying information to their birth parent upon the parent’s request so long as it does not breach the confidentiality of another legally identified birth parent. Finally, the bill allows a parent or guardian of a minor offspring of a deceased adoptee to request medical and genetic information. Authored by Senator Luther Olsen (R – Ripon) and Representative Todd Novak (R – Dodgeville), the bill passed the Senate on a voice vote and was concurred by the Assembly on a voice vote. It is Act 134.

Assembly Bill 424 – applies certain regulations governing interstate motor carriers to motor carriers operating in intrastate commerce. Under current law, a “for-hire” motor carrier participating in interstate commerce is required to obtain a certificate of operating authority or license and to comply with certain insurance requirements. Authored by Representative Keith Ripp (R – Lodi) and Senator Jerry Petrowski (R – Marathon), the bill passed the Assembly on a voice vote and was concurred by the Senate on a voice vote. It is Act 135.

Senate Bill 319 – allows vehicles to turn right on a red signal from the leftmost right turn lane of a roadway that provides two right-turn lanes if no sign prohibits the turn, regardless whether lanes of moving traffic must be crossed. Authored by Senator Jerry Petrowski (R – Marathon) and Representative Keith Ripp (R – Lodi), the bill passed the Senate on a voice vote and was concurred by the Assembly on a voice vote. It is Act 136.

Assembly Bill 426 – as amended, authorizes the Wisconsin Department of Transportation (WisDOT) to issue a single-trip permit for the transport of radiological materials. The permit must include a requirement for an escort to be provided by the Wisconsin State Patrol, must include a designated route to be used by the applicant, and requires WisDOT to notify local officials if an applicant’s proposed route includes a highway under the jurisdiction of a local authority. Authored by Representative Keith Ripp (R – Lodi) and Senator Jerry Petrowski (R – Marathon), the bill passed the Assembly by a vote of 97-0 and was concurred by the Senate by a vote of 33-0. It is Act 137.

Assembly Bill 439 – changes the publication notice requirement from 10 days to 15 days for most local governments which make certain specified changes to their budgets, which will standardize publication requirements for municipalities. Authored by Representative Edward Brooks (R – Reedsburg) and Senator Julie Lassa (D – Stevens Point), the bill passed the Assembly on a voice vote and was concurred by the Senate on a voice vote. It is Act 138.

Assembly Bill 451 – as amended, permits the driver of a large vehicle or combination of vehicles to deviate from the lane in which they are driving to safely approach and drive through a roundabout. The bill additionally requires the driver of a small vehicle to yield the right-of-way to any large vehicle or combination of vehicles when they are approaching or driving through a roundabout at approximately the same time or close enough to potentially create a collision. If two large vehicles or combination of vehicles approach a roundabout at the same time, the vehicle on the right must yield the right-of-way to the vehicle on the left. Authored by Representative Edward Brooks (R – Reedsburg) and Senator Howard Marklein (R – Spring Green), the bill passed the Assembly on a voice vote and was concurred by the Senate on a voice vote. It is Act 139.

Assembly Bill 372 – guarantees municipal governments in a Lake District have the power to fully choose who represents them on a Lake District board. Current law inadvertently disqualifies some municipality officials from being able to represent their municipalities on a Lake District Board. Authored by Representative Rob Swearingen (R – Rhinelander) and Senator Thomas Tiffany (R – Hazelhurst), the bill passed the Assembly on a voice vote and was concurred by the Senate on a voice vote. It is Act 140.

Assembly Bill 13 – intends to return property to owners who have been cleared of charges relating to the seizure of a firearm or ammunition. The bill creates a timeline for this process to ensure individuals will no longer be subject to long wait times for the return of their property. Authored by Representative Daniel Knodl (R – Germantown) and Senator Stephen Nass (R – Whitewater), the bill passed the Assembly on a voice vote and was concurred by the Senate on a voice vote. It is Act 141.

Assembly Bill 297 – changes the way vital records are labeled and issued for events occurring before October 1, 1907. Under current law, Vital Record Offices may issue uncertified copies of vital records if they occurred before October 1, 1907, and the uncertified copy is labeled as uncertified and cannot be copied, made available to the public in an electronic format, or used for identification purposes. Under this bill, uncertified copies will no longer be labeled as uncertified, and are permitted to be copied or made available electronically. Uncertified copies still cannot be used for identification purposes. Authored by Representative Joan Ballweg (R – Markesan) and Senator Dave Hansen (D – Green Bay), the bill passed the Assembly on a voice vote and was concurred by the Senate by a vote of 32-0. It is Act 142.

Senate Bill 253 – enables individuals who develop a familial relationship during a child’s time in out-of-home placement to become eligible for subsidized guardianship so long as they meet all eligibility criteria for subsidized guardianship. Authored by Senator Devin LeMahieu (R – Oostburg) and Representative Dale Kooyenga (R – Brookfield), the bill passed the Senate on a voice vote and was concurred by the Assembly on a voice vote. It is Act 143.

Assembly Bill 574 –provides county delinquency and intake workers access to the juvenile CCAP records. Under current law, county delinquency and intake workers utilize a Detention Risk Assessment Instrument (DRAI) to evaluate each arrested minor to determine the case plan that best suits their needs. County intake workers can currently access relevant information such as prior delinquency records, criminal records of the family, school records, child abuse and neglect information, alcohol and drug abuse information, and family history through the CCAP records of adult family members of the delinquent youth, and this legislation allows workers to directly access the juvenile’s CCAP records. Authored by Representative Rob Hutton (R – Brookfield) and Senator Alberta Darling (R – River Hills), the bill passed the Assembly on a voice vote and was concurred by the Senate on a voice vote. It is Act 144.

Senate Bill 279 – requires the filing of real estate transfer returns for any conveyance of property, including those were there is no filing fee required, with the only exception from filing for conveyances dated prior to the creation of the real estate transfer fee law. As amended, the bill also prohibits local fees from being imposed on conveyances that are exempt from the real estate transfer fee. Authored by Senator Frank Lasee (R – De Pere) and Representative Joan Ballweg (R – Markesan), the bill passed the Senate on a voice vote and was concurred by the Assembly on a voice vote. It is Act 145.

Senate Bill 104 – authorizes the Town of LaPointe located on Madeline Island in Lake Superior with village powers to enact and enforce local shoreland zoning ordinances that are more restrictive than the county shoreland zoning ordinance. Authored by Senator Janet Bewley (D – Ashland) and Representative Beth Meyers (D – Bayfield), the bill passed the Senate on a voice vote and was concurred by the Assembly on a voice vote. It is Act 146.

Senate Bill 133 – changes the penalty for concealing a corpse to $25,000, 12 years and 6 months of imprisonment, or both. Under current law, the maximum penalty for concealing a corpse was $25,000, 10 years of imprisonment, or both. Authored by Senator Sheila Harsdorf (R – River Falls) and Representative John Murtha (R – Baldwin), the bill passed the Senate on a voice vote and was concurred by the Assembly on a voice vote. It is Act 147.

Assembly Bill 319 – extends to natural gas public utilities the same power given to electric utilities to condemn land owned by a county, city, village, town, public board or commission in order to construct a high-voltage transmission line, if the natural gas public utility receives a certificate from the PSC to construct natural gas distribution and transmission lines on such land. Under current law, the condemnation of real property owned by the state, a municipality, a public board or a commission is generally prohibited, except for high-voltage transmission lines constructed by an electric utility that has received a certificate from the PSC. This bill expands the exception to include natural gas distribution and transmission lines. Authored by Representative Thomas Weatherston (R – Caledonia) and Senator Roger Roth (R – Appleton), the bill passed the Assembly on a voice vote and was concurred by the Senate on a voice vote. It is Act 148.