SB558: Bill Text

Note: 1995 Wis. Act 27 renumbered s. 49.80 to s. 16.385, transferring the administration of the low-income energy assistance program from the Department of Health and Family Services to the Department of Administration, rendering the requirement to consult with the Department of Administration, deleted above, without effect.

SB558, s. 12 Section 12. 16.84 (2) of the statutes is amended to read:

SB558,7,16 16.84 (2) Appoint such number of police officers as is necessary to safeguard all public property placed by law in the department's charge, and provide, by agreement with any other state agency, police and security services at buildings and facilities owned, controlled, or occupied by the other state agency. The governor or the department may, to the extent it is necessary, authorize police officers employed by the department to safeguard state officers, state employees, or other persons. A police officer who is employed by the department and who is performing duties that are within the scope of his or her employment as a police officer has the powers of a peace officer under s. 59.24 59.28, except that the officer has the arrest powers of a law enforcement officer under s. 968.07 regardless of whether the violation is punishable by forfeiture or criminal penalty. The officer may exercise the powers of a peace officer and the arrest powers of a law enforcement officer while located anywhere within this state. Nothing in this subsection limits or impairs the duty of the chief and each police officer of the police force of the municipality in which the property is located to arrest and take before the proper court or magistrate persons found in a state of intoxication or engaged in any disturbance of the peace or violating any state law in the municipality in which the property is located, as required by s. 62.09 (13).

Note: Section 16.84 (2) was amended by 1995 Wis. Act 174 to add the cross-reference to s. 59.24. 1995 Wis. Act 201 renumbered s. 59.24 to s. 59.28 without taking Act 174 into account.

SB558, s. 13 Section 13. 20.285 (1) (c) of the statutes is amended to read:

SB558,8,2 20.285 (1) (c) Energy costs. The amounts in the schedule to pay for utilities and for fuel, heat, and air conditioning, and to pay costs incurred under ss. 16.858 and 16.895, including all operating costs recommended by the department of administration that result from the installation of pollution abatement equipment in state-owned or operated heating, cooling, or power plants, by or on behalf of the board of regents, and including the cost of purchasing electricity, steam, and chilled water generated by the cogeneration facility constructed pursuant to an agreement under 2001 Wisconsin Act 109, section 9156 (2z) (b) (g).

Note: Corrects cross-reference. 2001 Wisconsin Act 109, section 9156 (2z) (g) was numbered 9156 (2z) (b) in the original draft.

SB558, s. 14 Section 14. 20.370 (1) (mu) of the statutes, as affected by 2001 Wisconsin Act 56 and 2001 Wisconsin Act 109, section 36d, is amended to read:

SB558,8,10 20.370 (1) (mu) General program operations — state funds. The amounts in the schedule for general program operations that do not relate to the management and protection of the state's fishery resources under ss. 23.09 to 23.11, 27.01, 30.203, 30.277, and 90.21, subch. VI of ch. 77 and chs. 26, 28, 29, and 169, to provide funding under 2001 Wisconsin Act 16 109, section 9137 (1w), and for transfers to the appropriation account under s. 20.285 (1) (kf).

Note: Corrects an error in transcribing 2001 Wis. Act 109.

SB558, s. 15 Section 15 . The treatment of 20.370 (1) (mu) of the statutes by 2001 Wisconsin Act 56 is not repealed by 2001 Wisconsin Act 109, section 36db. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor effective July 1, 2003, s. 20.370 (1) (mu) reads:

(mu) General program operations — state funds. The amounts in the schedule for general program operations that do not relate to the management and protection of the state's fishery resources under ss. 23.09 to 23.11, 27.01, 30.203, 30.277, and 90.21, subch. VI of ch. 77 and chs. 26, 28, 29, and 169 and for transfers to the appropriation account under s. 20.285 (1) (kf).

SB558, s. 16 Section 16. 25.61 of the statutes is amended to read:

SB558,8,19 25.61 VendorNet fund. There is created a separate nonlapsible trust fund designated as the VendorNet fund consisting of all revenues accruing to the state from fees assessed under ss. s. 16.701 and 16.702 (1) and from gifts, grants, and bequests made for the purposes of ss. s. 16.701 and 16.702 (1) and moneys transferred to the fund from other funds.

Note: There is no s. 16.702 (1).

SB558, s. 17 Section 17. 26.145 (2m) of the statutes is amended to read:

SB558,9,8 26.145 (2m) Effect of other financial assistance. The department may consider any cost which that has been or will be paid or reimbursed from moneys received under another federal or state financial assistance program as an ineligible cost for the purposes of calculating the amount of a grant under sub. (1), except that the department shall consider any cost that has been or will be paid or reimbursed from moneys received under s. 101.573 (3) as an eligible cost for the purposes of calculating the amount of a grant under sub. (1).

Note: Replaces "which" with "that" to correct grammar.

SB558, s. 18 Section 18. 29.182 (4m) of the statutes is amended to read:

SB558,9,14 29.182 (4m) Limitation of one license. A person may be issued, or transferred under par. sub. (4) (g), only one resident elk hunting license in his or her lifetime, and the resident elk hunting license shall be valid for only one elk hunting season. The issuance, or transfer under par. sub. (4) (g), of the license to the person is subject to s. 29.024 (2g).

Note: Inserts correct cross-reference. There is no s. 29.182 (4m) (g).

SB558, s. 19 Section 19. The treatment of 29.347 (2) of the statutes by 2001 Wisconsin Act 56 is not repealed by 2001 Wisconsin Act 109. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 29.347 (2) reads:

(2) Deer or elk carcass tags. Except as provided under sub. (5) and s. 29.324 (3), any person who kills a deer shall immediately attach to the ear or antler of the deer a current validated deer carcass tag which is authorized for use on the type of deer killed. Any person who kills an elk shall immediately attach to the ear or antler of the elk a current validated elk carcass tag. Except as provided under sub. (2m) or s. 29.89 (6), no person may possess, control, store, or transport a deer carcass unless it is tagged as required under this subsection. Except as provided under sub. (2m), no person may possess, control, store, or transport an elk carcass unless it is tagged as required under this subsection. A person who kills a deer or elk shall register the deer or elk in the manner required by the department. The carcass tag may not be removed before registration. The removal of a carcass tag from a deer or elk before registration renders the deer or elk untagged.

SB558, s. 20 Section 20. 30.12 (3) (a) 6. of the statutes is amended to read:

SB558,10,7 30.12 (3) (a) 6. Place a permanent boat shelter adjacent to the owner's property for the purpose of storing or protecting watercraft and associated materials, except that no permit may be granted for a permanent boat shelter which that is constructed after May 3, 1988, if the property on which the permanent boat shelter is to be located also contains a boathouse within 75 feet of the ordinary high-water mark of or if there is a boathouse over navigable waters adjacent to the owner's property.

Note: Corrects an error in transcribing 1987 Wis. Act 374. Replaces "which" with "that" to correct grammar.

SB558, s. 21 Section 21. 45.43 (1) (a) of the statutes is amended to read:

SB558,10,14 45.43 (1) (a) Except as provided under par. (b), the county board shall elect a county veterans' service officer who shall be a Wisconsin resident who served on active duty, other than active duty for training, under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces and who meets at least one of the conditions listed in s. 45.35 (5) 45.001 (4) (a) 1. a. to d. and at least one of the conditions listed in s. 45.35 (5) 45.001 (4) (a) 2. a. to c.

Note: Section 45.35 (5) was renumbered to 45.001 (4) by 2001 Wis. Act 103.

SB558, s. 22 Section 22. 48.356 (1) of the statutes is amended to read:

SB558,11,2 48.356 (1) Whenever the court orders a child to be placed outside his or her home, orders an expectant mother of an unborn child to be placed outside of her home or denies a parent visitation because the child or unborn child has been adjudged to be in need of protection or services under s. 48.345, 48.347, 48.357, 48.363 or 48.365, the court shall orally inform the parent or parents who appear in court or the expectant mother who appears in court of any grounds for termination of parental rights under s. 48.415 which may be applicable and of the conditions necessary for the child or expectant mother to be returned to the home or for the parent to be granted visitation.

Note: Inserts missing comma.

SB558, s. 23 Section 23. 48.685 (5) (bm) 4. of the statutes, as affected by 2001 Wisconsin Act 109, section 114b, is amended to read:

SB558,11,10 48.685 (5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.203, 940.205, 940.207, or 940.025 940.25, a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s. 346.65 (2) (e) or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a felony, if committed not more than 5 years before the date of the investigation under sub. (2) (am).

Note: Inserts correct cross-reference. 2001 Wis. Act 109, section 113x, created the cross-reference as section 940.25. 2001 Wis. Act 109, section 114b, changed it to section 940.025 without strikes and underscores. No change was intended. There is no s. 940.025. Inserts comma that 2001 Wis. Act 109, section 113x, inserted. 2001 Wis. Act 109, section 114b, deleted it without strikes and underscores. No change was intended.

SB558, s. 24 Section 24 . 48.981 (2) (a) (intro.) of the statutes is amended to read:

SB558,11,17 48.981 (2) (a) (intro.) , group home, as described in s. 48.625 (1m), Any of the following persons who has reasonable cause to suspect that a child seen by the person in the course of professional duties has been abused or neglected or who has reason to believe that a child seen by the person in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall, except as provided under sub. (2m), report as provided in sub. (3):

Note: The stricken language was inserted into s. 48.981 (2) by 2001 Wis. Act 69. 2001 Wis. Act 103, a revisor's revision bill, renumbered s. 48.981 (2) to be s. 48.981 (2) (a) (intro.), deleted previously existing text from s. 48.981 (2) (a) (intro.), as renumbered, and recreated it as s. 48.981 (2) (a) 1. to 29., but the treatment of s. 48.981 (2) (a) by Act 69 was not taken into account by Act 103. See also Sections 25 and 26 of this bill.

SB558, s. 25 Section 25 . 48.981 (2) (a) 18. of the statutes is amended to read:

SB558,12,2 48.981 (2) (a) 18. A child-care worker in a day care center, group home, as described in s. 48.625 (1m), or residential care center for children and youth.

Note: The underscored language was inserted into s. 48.981 (2) by 2001 Wis. Act 69. 2001 Wis. Act 103, a revisor's revision bill, renumbered s. 48.981 (2) to be s. 48.981 (2) (a) (intro.), deleted the plain text shown above from s. 48.981 (2) (a) (intro.), as renumbered, and recreated it as s. 48.981 (2) (a) 18., but the treatment of s. 48.981 (2) (a) by Act 69 was not taken into account by Act 103. See also Section 24 of this bill.

SB558, s. 26 Section 26 . 48.981 (2) (a) 22m. of the statutes is created to read:

SB558,12,4 48.981 (2) (a) 22m. A physical therapist assistant.

Note: 2001 Wis. Act 70, section 2, created the term "physical therapist assistant" effective 4-1-04. 2001 Wis. Act 103, a revisor's revision bill, renumbered s. 48.981 (2) to be s. 48.981 (2) (a) (intro.), deleted affected professions from s. 48.981 (2) (a) (intro.), as renumbered, and recreated them in a list as s. 48.981 (2) (a) 1. to 29., but the treatment of s. 48.981 (2) by Act 70 was not taken into account by Act 103 and was not included. See also Section 107 of this bill, which repeals the Act 70 treatment. This section inserts the term within the framework created by Act 103.

SB558, s. 27 Section 27. 49.175 (1) (z) of the statutes is amended to read:

SB558,12,10 49.175 (1) (z) Community youth grant. For a competitive grant program administered by the department to fund programs that improve social, academic, and employment skills of youth who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq., $7,829,700 in fiscal year 2001-02 and $300,000 in fiscal year 2002-03.

Note: 2001 Wis. Act 109 deleted the underscored comma without showing it as stricken. The deletion was unintended. Inserts missing word.

SB558, s. 28 Section 28. 49.175 (1) (zh) 2. of the statutes is renumbered 49.175 (1) (zh).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Eliminates unnecessary subdivision designation. This provision is not subdivided.

SB558, s. 29 Section 29. 49.45 (7) (a) of the statutes is amended to read:

SB558,13,4 49.45 (7) (a) A recipient who is a patient in a public medical institution or an accommodated person and has a monthly income exceeding the payment rates established under 42 USC 1382 (e) may retain $45 unearned income or the amount of any pension paid under 38 USC 3203 (f) 5503 (d), whichever is greater, per month for personal needs. Except as provided in s. 49.455 (4) (a), the recipient shall apply income in excess of $45 or the amount of any pension paid under 38 USC 3203 (f) 5503 (d), whichever is greater, less any amount deducted under rules promulgated by the department, toward the cost of care in the facility.

Note: Inserts the correct cross-reference.

SB558, s. 30 Section 30. 49.45 (49) (a) (intro.) of the statutes is amended to read:

SB558,13,10 49.45 (49) (a) (intro.) The secretary shall exercise his or her authority under s. 15.04 (1) (c) to create a prescription drug prior authorization committee to advise the department on issues related to prior authorization decisions made concerning presciption prescription drugs on behalf of medical assistance recipients. The secretary shall appoint as members at least all of the following:

Note: Corrects spelling.

SB558, s. 31 Section 31. 59.20 (3) (c) of the statutes is amended to read:

SB558,13,20 59.20 (3) (c) Any board may by ordinance provide that the cut-off cutoff reception time for the filing and recording of documents shall be advanced by one-half hour in any official business day during which time the register of deeds office is open to the public, in order to complete the processing, recording, and indexing to conform to the day of reception. Any register of deeds may provide in his or her notice under s. 19.34 (1) that requests for inspection or copying of the records of his or her office may be made only during a specified period of not less than 35 hours per week. For all other purposes, the register of deeds office shall remain open to the public during usual business hours.

Note: Corrects spelling.

SB558, s. 32 Section 32. 59.40 (3) (b) of the statutes is amended to read:

SB558,14,4 59.40 (3) (b) Except as provided in par. (c), the clerk may invest any funds that are paid into his or her office and are being held for repayment. The investments shall be made in suitably protected accounts in the manner specified in s. 66.0603 (1) (1m) and all income that may accrue shall be paid into the county general fund.

Note: Inserts the correct cross-reference. Section 66.0603 (1) was renumbered s. 66.0603 (1m) by 1999 Wis. Act 186.

SB558, s. 33 Section 33. 66.0143 (2) (c) of the statutes is amended to read:

SB558,14,14 66.0143 (2) (c) The political subdivision shall specify in its request for a waiver its reason for requesting the waiver. Upon receipt of a request for a waiver, the department of revenue shall forward the request to the administrative agency which that is responsible for administrating the state mandate. The agency shall determine whether to grant the waiver and shall notify the political subdivision and the department of revenue of its decision in writing. If no agency is responsible for administrating the state mandate, the department of revenue shall determine whether to grant the waiver and shall notify the political subdivision of its decision in writing.

Note: Replaces "which" with "that" to correct grammar.

SB558, s. 34 Section 34. 66.0719 (2) of the statutes is amended to read:

SB558,15,2 66.0719 (2) If a special assessment is levied for any public improvement, any amount collected on that special assessment or received from the county shall be deposited in the general fund of the local governmental unit if the payment for the improvement was made out of its general fund, deposited in the funds and accounts of a public utility established under s. 66.0621 (2) (4) (c) if the improvement was paid out of the proceeds of revenue obligations of the local governmental unit, or deposited in the debt service fund required for the payment of bonds or notes issued under ch. 67 if the improvement was paid out of the proceeds of the bonds or notes. That special assessment, when delinquent, shall be returned in trust for collection and the local governmental unit has the same rights as provided in s. 66.0713 (3) 67.16 (2) (c).

Note: Corrects cross-references. 1999 Wis. Act 150 renumbered s. 66.066 (2) (c) to s. 66.0621 (4) (c), but the cross-reference in this provision was not amended correctly. 1999 Wis. Act 150 renumbered s. 66.54 (9) (c) to s. 67.16 (2) (c) but changed the cross-reference to s. 66.54 (9) (c) in this provision to s. 66.0713 (3) (c).

SB558, s. 35 Section 35. 66.0821 (4) (a) of the statutes is amended to read:

SB558,15,14 66.0821 (4) (a) The governing body of the municipality may establish sewerage service charges in an amount to meet all or part of the requirements for the construction, reconstruction, improvement, extension, operation, maintenance, repair, and depreciation of the sewerage system, and for the payment of all or part of the principal and interest of any indebtedness incurred for those purposes, including the replacement of funds advanced by or paid from the general fund of the municipality. Service charges made by a metropolitan sewerage district to any town, village, or city shall be levied by the town, village , or city against the individual sewer system users within the corporate limits of the municipality, and the municipality shall collect the charges and promptly remit them to the metropolitan sewerage district. Delinquent charges shall be collected in accordance with sub. (4) (c) (d).

Note: Inserts correct cross-reference. 1999 Wis. Act 150 renumbered both s. 66.076 (5) (b) and (7) to be s. 66.0821 (4) (c). 2001 Wis. Act 30 renumbered s. 66.0821 (4) (c), as renumbered from s. 66.076 (7), to be s. 66.0821 (4) (d). Prior to 1999 Wis. Act 150, the cross-reference amended here was to s. 66.076 (7).

SB558, s. 36 Section 36. 71.05 (6) (a) 10. of the statutes is amended to read:

SB558,16,17 71.05 (6) (a) 10. For the taxable year, for a person who is not "actively engaged in farming",," as that term is used in 7 CFR 1497.201 1400.201, combined net losses, exclusive of net gains from the sale or exchange of capital or business assets and exclusive of net profits, from businesses, from rents, from partnerships, from limited liability companies, from S corporations, from estates, or from trusts, under section 165 of the internal revenue code Internal Revenue Code, except losses allowable under sections 1211 and 1231 of the internal revenue code Internal Revenue Code, otherwise includable in calculating Wisconsin income if those losses are incurred in the operation of a farming business, as defined in section 464 (e) 1. of the internal revenue code Internal Revenue Code to the extent that those combined net losses exceed $20,000 if nonfarm Wisconsin adjusted gross income exceeds $55,000 but does not exceed $75,000, exceed $17,500 if nonfarm Wisconsin adjusted gross income exceeds $75,000 but does not exceed $100,000, exceed $15,000 if nonfarm Wisconsin adjusted gross income exceeds $100,000 but does not exceed $150,000, exceed $12,500 if nonfarm Wisconsin adjusted gross income exceeds $150,000 but does not exceed $200,000, exceed $10,000 if nonfarm Wisconsin adjusted gross income exceeds $200,000 but does not exceed $250,000, exceed $7,500 if nonfarm Wisconsin adjusted gross income exceeds $250,000 but does not exceed $300,000, exceed $5,000 if nonfarm Wisconsin adjusted gross income exceeds $300,000 but does not exceed $600,000, and exceed $0 if nonfarm adjusted gross income exceeds $600,000, except that the amounts applicable to married persons filing separately are 50% of the amounts specified in this subdivision.

Note: Inserts the correct cross-reference. The relevant federal regulation was recodified. Changes capitalization and punctuation consistent with currant style.

SB558, s. 37 Section 37. 71.10 (7) (c) 1. of the statutes is renumbered 71.10 (7) (c).

Note: Removes unnecessary subdivision number. Section 71.10 (7) (c) is not subdivided.

SB558, s. 38 Section 38. 77.52 (13) of the statutes is amended to read:

SB558,17,10 77.52 (13) For the purpose of the proper administration of this section and to prevent evasion of the sales tax it shall be presumed that all receipts are subject to the tax until the contrary is established. The burden of proving that a sale of tangible personal property or services is not a taxable sale at retail is upon the person who makes the sale unless that person takes from the purchaser a certificate to the effect that the property or service is purchased for resale or is otherwise exempt; except that no certificate is required for sales of cattle, sheep, goats, and pigs that are sold at a livestock an animal market, as defined in s. 95.68 (1) (e) (ag), and no certificate is required for sales of commodities, as defined in 7 USC 2, that are consigned for sale in a warehouse in or from which the commodity is deliverable on a contract for future delivery subject to the rules of a commodity market regulated by the U.S. commodity futures trading commission if upon the sale the commodity is not removed from the warehouse.

Note: Section 95.68 (1) (e) was renumbered to 95.68 (1) (ag) and "livestock market" was changed to "animal market" by 2001 Wis. Act 56.

SB558, s. 39 Section 39. 77.524 (1) (intro.) of the statutes is amended to read:

SB558,17,12 77.524 (1) (intro.) In this subsection section:

Note: The definitions in this subsection apply to the whole section.

SB558, s. 40 Section 40. 77.53 (10) of the statutes is amended to read:

SB558,18,4 77.53 (10) For the purpose of the proper administration of this section and to prevent evasion of the use tax and the duty to collect the use tax, it is presumed that tangible personal property or taxable services sold by any person for delivery in this state is sold for storage, use, or other consumption in this state until the contrary is established. The burden of proving the contrary is upon the person who makes the sale unless that person takes from the purchaser a certificate to the effect that the property or taxable service is purchased for resale, or otherwise exempt from the tax; except that no certificate is required for sales of cattle, sheep, goats, and pigs that are sold at a livestock an animal market, as defined in s. 95.68 (1) (e) (ag), and no certificate is required for sales of commodities, as defined in 7 USC 2, that are consigned for sale in a warehouse in or from which the commodity is deliverable on a contract for future delivery subject to the rules of a commodity market regulated by the U.S. commodity futures trading commission if upon the sale the commodity is not removed from the warehouse.

Note: Section 95.68 (1) (e) was renumbered to 95.68 (1) (ag)) and "livestock market" was changed to "animal market" by 2001 Wis. Act 56.

SB558, s. 41 Section 41. 95.22 (1) (a), (b) and (c) of the statutes, as affected by 2001 Wisconsin Act 109, are renumbered 95.22 (1), (2) and (3).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2001 Wis. Act 109 renumbered s. 95.22 without taking into account the treatment of that section by 2001 Wis. Act 56. This section restores the numbering by Act 56.

SB558, s. 42 Section 42. 95.22 (2) of the statutes, as created by 2001 Wisconsin Act 109, is renumbered 95.22 (4).