AB846: Bill Text

2. A restaurant or other establishment where meals are prepared or processed for retail sale directly to consumers or through vending machines if the food processing activities at that establishment are authorized by a license issued under s. 97.605.

3. An establishment covered by a license or permit under ch. 125 to sell alcohol beverages if the food processing activities related to alcohol beverages at that establishment are limited to preparing individual servings of alcohol beverages that are sold on the premises in accordance with the terms of the establishment's license or permit under ch. 125.

4. A dairy plant if the food processing activities at that plant are authorized by a license issued under s. 97.20.

5. A meat or poultry establishment if the food processing activities at that establishment are authorized by a license issued under s. 97.42 or are authorized under 21 USC 451 to 472 or 21 USC 601 to 695.

6. An egg products plant if the food processing activities at that establishment are inspected by the federal department of agriculture under 21 USC 1031 to 1056.

7. A dairy farm and milking operation licensed under s. 97.22 that produces milk for shipment to a dairy plant licensed under s. 97.20 or under the equivalent laws of another state.

8. A place used by a beekeeper solely for extracting honey from the comb or producing and selling raw honey or raw bee products.

9. A place used solely for washing or packaging fresh or otherwise unprocessed fruits or vegetables.

10. A place used by a nonprofit organization solely for receiving and salvaging distressed food pursuant to the organization's purposes if the organization is described in section 501 (c) (3) of the Internal Revenue Code and is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

11. A place on a farm used by an egg producer solely for handling, cleaning, or packaging whole eggs, including nest-run eggs, that are produced as allowed under s. 97.28 (2).

12. A place used solely for producing and packaging maple syrup or concentrated maple sap for sale directly to consumers or to a food processing plant licensed under this section if those sales do not exceed $5,000 in any 12-month period.

13. Any other place exempted by the department by rule.

AB846,46 Section 46 . The treatment of 97.42 (3) (em) of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 243. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 97.42 (3) (em) reads:

(em) Slaughter of farm-raised deer. The requirements of pars. (a) and (b) do not apply to the slaughter of a farm-raised deer if its meat products are not sold by an operator of a retail food establishment, as defined under s. 97.30 (1) (c). The operator of an establishment in which farm-raised deer or their meat products are examined and inspected under this subsection shall pay the department for the cost of the department's examination and inspection.

AB846,47 Section 47 . 101.111 (7) of the statutes is repealed.

Note: Deletes obsolete transition provision. Section 101.111 requires protection of adjoining buildings from all excavations made after January 1, 1978, except excavations made under contracts awarded on or before January 1, 1978.

AB846,48 Section 48 . 101.583 (1m) (title) of the statutes is created to read:

AB846,17,5 101.583 (1m) (title) Small employers.

Note: The other subsections in s. 101.583 have titles.

AB846,49 Section 49 . 101.63 (1) (intro.) of the statutes, as affected by 2015 Wisconsin Acts 49 and 55, is amended to read:

AB846,18,15 101.63 (1) (intro.) Adopt rules which establish standards for the construction and inspection of one- and 2-family dwellings and components thereof. The rules shall include separate standards, established in consultation with the uniform dwelling code council, that apply only to the construction and inspection of camping units that are set in a fixed location in a campground for which a permit is issued under s. 254.47 97.67, that contain a sleeping place, and that are used for seasonal overnight camping. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s. 145.01 (10). No set of rules may be adopted which has not taken into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Rules promulgated under this subsection do not apply to a bed and breakfast establishment, as defined under s. 97.01 (1g), except that the rules apply to all of the following:

Note: The “dwelling code council" was renamed the “uniform dwelling code council" by 2015 Wis. Act 29. The reference to s. 254.47 was inserted by 2015 Wis. Act 49. Section 254.47 was renumbered to s. 97.67 by 2015 Wis. Act 55.

AB846,50 Section 50 . 108.02 (19) of the statutes is amended to read:

AB846,18,20 108.02 (19) Nonprofit organizations. A “nonprofit “Nonprofit organization" is means an organization described in section 501 (c) (3) of the internal revenue code which Internal Revenue Code that is exempt from federal income tax under section 501 (a) of the internal revenue code Internal Revenue Code.

Note: Conforms terminology and capitalization to current style.

AB846,51 Section 51 . 108.10 (4) of the statutes, as affected by 2015 Wisconsin Acts 180 and 334, is amended to read:

AB846,19,13 108.10 (4) The employing unit may commence an action for the judicial review of a commission decision under this section, provided the employing unit has exhausted the remedies provided under this section. The department may commence an action for the judicial review of a commission decision under this section, but the department is not required to have been a party to the proceedings before the commission or to have exhausted the remedies provided under this section. In an action commenced under this section by a party that is not the department, the department shall be a defendant and shall be named as a party in the complaint commencing the action. If a plaintiff fails to name either the department or the commission as defendants and serve them as required under s. 108.09 (7), the court shall dismiss the action. The scope of judicial review, and the manner thereof insofar as applicable, shall be the same as that provided in s. 108.09 (7). a defendant defendant summons and

Note: The stricken language was inserted by 2015 Wis. Act 180, but rendered without effect by the treatment by 2015 Wis. Act 334.

AB846,52 Section 52 . The treatment of 111.322 (2m) (a) of the statutes by 2015 Wisconsin Act 345 is not repealed by 2015 Wisconsin Act 55. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 111.322 (2m) (a) reads:

(a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB846,53 Section 53 . The treatment of 111.322 (2m) (b) of the statutes by 2015 Wisconsin Act 345 is not repealed by 2015 Wisconsin Act 55. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 111.322 (2m) (b) reads:

(b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB846,54 Section 54. 111.70 (4) (mbb) (title) of the statutes is created to read:

AB846,20,2 111.70 (4) (mbb) (title) Consumer price index change.

Note: All other paragraphs in s. 111.70 (4) have titles.

AB846,55 Section 55 . 114.045 (1) of the statutes, as created by 2015 Wisconsin Act 318, is amended to read:

AB846,20,7 114.045 (1) No person may operate a drone, as defined in s. 114.105 (1) (a) 941.292 (1), over a correctional institution, as defined in s. 801.02 (7) (a) 1., including any grounds of the institution.

Note: Inserts the correct cross-reference. There is no s. 114.105 (1) (a). “Drone” is defined at s. 941.292 (1), and that definition was copied as s. 114.105 (1) (a) in the original bill draft. Section 114.105 (1) (a) was removed from the final bill as adopted as 2015 Wis. Act 318, but the cross-reference was not corrected accordingly.

AB846,56 Section 56 . 115.385 (2) of the statutes, as affected by 2015 Wisconsin Acts 55 and 195, is amended to read:

AB846,20,15 115.385 (2) Beginning 115.383 (3) with the accountability report published for the 2015-16 school year, the department shall include in its annual school accountability report under sub. (1) charter schools established under s. 118.40 (2r) or (2x) and private schools participating in a parental choice program under s. 118.60 or 119.23. The department shall use the same criteria to measure the performance of all schools included in the annual school accountability report.

Note: The stricken text was inserted by 2015 Wis. Act 195 but rendered without effect by the treatment by 2015 Wis. Act 55.

AB846,57 Section 57 . 120.05 (3) of the statutes is amended to read:

AB846,21,8 120.05 (3) If the school district president, vice president, treasurer or clerk of any school board is unable to discharge the duties of the office due to disability or absence, the school board may appoint a person to discharge the duties of such person until the disability or absence no longer exists. In the case of a 3-member school board the appointee shall be an elector of the school district. In the case of a larger school board the appointee for the president shall be the vice president and the appointee for the other officers shall be another school board member. The school board shall determine the compensation of such appointees. A person acting as school district clerk or school district treasurer shall have the powers of a deputy and shall take and file an official bond covering the person's acts unless the bond of such officer includes a bond for the officer's deputy. This subsection does not apply to vacancies caused by absence from the school district for a period exceeding 60 days covered by s. 17.03 (4) (4m).

Note: Section 17.03 (4m), which reads as follows, was part of s. 17.03 (4) prior to being renumbered to s. 17.03 (4m) by 1985 Wis. Act 332:

(4m) In the case of a school district office, the incumbent is absent from the district for a period exceeding 60 days.

Section 120.05 (3) was not amended by 1985 Wis. Act 332 to reflect the renumbering to s. 17.03 (4m) of the language regarding an incumbent's absence from the school district for a period exceeding 60 days.

AB846,58 Section 58 . 134.48 (1) (title) of the statutes is repealed.

Note: Deletes title, “Definitions.” The only other subsection of s. 134.48 does not have a title.

AB846,59 Section 59 . 145.02 (2) (b) of the statutes, as created by 2015 Wisconsin Act 49, is amended to read:

AB846,21,19 145.02 (2) (b) The department shall promulgate rules that establish separate plumbing standards applicable only to camping units that are set in a fixed location in a campground for which a permit is issued under s. 254.47 97.67, that contain a sleeping place, and that are used for seasonal overnight camping. If the department has appointed one or more committees under s. 227.13 to advise the department on rule making with respect to private on-site wastewater treatment systems or other plumbing systems, the department shall promulgate the rules required under this paragraph in consultation with those committees.

Note: Section 254.47 was renumbered to s. 97.67 by 2015 Wis. Act 55.

AB846,60 Section 60. 165.505 (8) of the statutes, as created by 2015 Wisconsin Act 369, is amended to read:

AB846,22,7 165.505 (8) Records and information produced in response to a subpoena issued under sub. (2) are not subject to inspection or copying under s. 19.35 (1), except that the attorney general or his or her designee may, upon request, disclose the records and information to another law enforcement agency, an Internet crimes against children task force, or a district attorney.

Note: Inserts missing article.

AB846,61 Section 61 . 165.63 (5) (title) of the statutes is created to read:

AB846,22,9 165.63 (5) (title) Return of seized firearm.

Note: All other subsections of s. 165.63 have titles.

AB846,62 Section 62 . 178.1009 (1) (a) of the statutes, as created by 2015 Wisconsin Act 295, is amended to read:

AB846,22,13 178.1009 (1) (a) The name of the registered foreign limited liability partnership before the merger or conversion.

Note: Inserts missing word consistent with the remainder of s. 178.1009. This paragraph refers back to s. 178.1009 (1) (intro.), which specifically relates to limited liability partnerships. All other references to a partnership in s. 178.1009 are to “the limited liability partnership."

AB846,63 Section 63 . 230.06 (1) (m) of the statutes, as created by 2015 Wisconsin Act 150, is amended to read:

AB846,22,17 230.06 (1) (m) Prepare a progressive discipline plan which that complies with the standards established by the administrator under s. 230.04 (13m).

Note: Replaces “which" with “that" consistent with current style.

AB846,64 Section 64 . 238.30 (7) (a) of the statutes is amended to read:

AB846,23,3 238.30 (7) (a) Except as provided in pars. (b), (c), and (d), to (e) “tax benefits" means the development zones credit under ss. 71.07 (2dx), 71.28 (1dx), 71.47 (1dx), and 76.636.

Note: Section 238.30 (7) (a) provides the definition of “tax benefits" in ss. 238.30 to 238.395 and 238.398 except when another definition is specifically provided in the remaining paragraphs of s. 238.30 (7). Section 238.30 (7) (e) was added by 2015 Wis. Act 55 to provide a specific definition of “tax benefits" in s. 238.308, but was not included in the provisions excepted from the general definition in s. 238.30 (7) (a). The list of individual paragraphs is replaced with the range of paragraphs consistent with current style.

AB846,65 Section 65 . 244.445 (2) of the statutes, as created by 2015 Wisconsin Act 300, is amended to read:

AB846,23,14 244.445 (2) Access, manage, distribute, delete, terminate, transfer, transfer ownership rights in, or otherwise control my digital accounts, other than the content of electronic communications, as defined in s. 711.03 (6), with digital accounts to include my bank or other financial institution accounts, electronic mail accounts, blogs, software licenses, social network accounts, social media accounts, file-sharing and storage accounts, financial management accounts, domain registration accounts, domain name service accounts, Web hosting accounts, tax preparation service accounts, online store accounts, and affiliated programs currently in existence or that may exist as technology develops.

Note: Deletes unnecessary language. Section 244.445 provides general conditions relating to language in powers of attorney and is not related to a particular person.

AB846,66 Section 66 . The treatment of 301.45 (3) (b) 2. of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 159. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-17, or on the 2nd day after publication of the 2017-19 biennial budget act, whichever is later, s. 301.45 (3) (b) 2. reads:

2. The department shall notify a person who is being released from prison in this state because he or she has reached the expiration date of his or her sentence and who is covered under sub. (1g) of the need to comply with the requirements of this section. Also, probation, extended supervision, and parole agents, community supervision agents, aftercare agents, and agencies providing supervision shall notify any client who is covered under sub. (1g) of the need to comply with the requirements of this section at the time that the client is placed on probation, extended supervision, parole, supervision, community supervision, or aftercare supervision or, if the client is on probation, extended supervision, parole, or other supervision from another state under ss. 48.988 and 48.989 or under s. 48.99, 304.13 (1m), 304.135, 304.16, or 938.999, when the client enters this state.

AB846,67 Section 67 . The treatment of 304.074 (2) of the statutes by 2015 Wisconsin Act 164 is not repealed by 2015 Wisconsin Act 355. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 304.074 (2) reads:

(2) The department shall charge a reasonable fee as determined by the department to probationers, parolees, and persons on extended supervision to partially reimburse the department for the costs of providing supervision and services and, as provided under s. 302.33 (2) (a) 3., to reimburse counties and tribal governing bodies. Subject to sub. (3m), the department shall collect moneys for the fees charged under this subsection and credit those moneys to the appropriation account under s. 20.410 (1) (gf).

AB846,68 Section 68 . The treatment of 341.14 (6r) (b) 1. of the statutes, as affected by 2015 Wisconsin Acts 227, 296 and 328, is amended to read:

AB846,25,6 341.14 (6r) (b) 1. Subject to subd. 1m., upon application to register an automobile or motor home, or a motor truck, dual purpose motor home or dual purpose farm truck which has a gross weight of not more than 8,000 pounds, or a farm truck which has a gross weight of not more than 12,000 pounds, by any person who is a resident of this state and a member of an authorized special group or, with respect to an authorized special group designated under par. (fm) that includes the statement under par. (fm) 2. e., interested in supporting the authorized special group, the department shall issue to the person special plates whose colors and design shall indicate that the vehicle is owned by a person who is a member, or if applicable a supporter, of the applicable special group. The department may not issue any special group plates under par. (f) 55., 60., or 61r. until 6 months after the department has received information sufficient for the department to determine that any approvals required for use of any logo, trademark, trade name or other commercial symbol have been obtained. Subject to subs. (9) (d), (10) (d), and (11) (d), (11m) (d), (12) (d), (13) (d), and (14) (d), the department may not issue any special group plates under par. (f) 61m., 63., or 65., or 65m. to 68. until the department has received information sufficient for the department to determine that any license or other approval required for use of any logo, trademark or service mark, trade name or other commercial symbol to be used on or in association with these plates has been obtained.

Note: “And" and “or" were inserted by 2015 Wis. Act 296 but rendered unnecessary by 2015 Wis. Act 328. See also the renumbering of s. 341.14 (6r) (f) 65. and (11), as created by 2015 Wis. Act 328, to s. 341.14 (6r) (f) 65m. and (11m), respectively, at Section 110 .

AB846,69 Section 69 . 341.14 (6r) (c) of the statutes, as affected by 2015 Wisconsin Acts 195, 296 and 328, is amended to read:

AB846,27,11 341.14 (6r) (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 7 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., and the Three Harbors Council, Boy Scouts of America NESA License Committee before specifying the designs for the initial special group plate under par. (f) 66. 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 department may not specify any design for the special group plates under par. (f) 65. unless the design is approved by the president of the Milwaukee Bucks. 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." Special group plates under par. (f) 65m. shall display the words “Help Cure Childhood Cancer" in purple lettering and a symbol comprised of a purple handprint superimposed upon a red heart superimposed upon a gold ribbon. Special group plates under par. (f) 66. shall display the words “Scouting Alumni" and, at the option of the vehicle owner, either a logo or symbol associated with the Boy Scouts of America or a logo or symbol associated with the Eagle Scouts. Special group plates under par. (f) 67. shall display a logo or symbol associated with Whitetails Unlimited. Special group plates under par. (f) 68. shall display a logo or symbol associated with the Wisconsin Rocky Mountain Elk Foundation. Special group plates under par. (f) 69. shall display the words “Nurses Change Lives" and an image of a heart partially encircled by a stethoscope. 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.

Note: Deletes unnecessary “and."

AB846,70 Section 70 . 341.14 (6r) (fm) 7. of the statutes, as affected by 2015 Wisconsin Acts 195, 296, and 328, is amended to read:

AB846,27,20 341.14 (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., 62., 63., 64., and 65., 65m., 66., 67., 68., and 69.

Note: “And" was inserted by 2015 Wis. Act 296 but rendered unnecessary by 2015 Wis. Act 328. See also the renumbering of s. 341.14 (6r) (f) 65., as created by 2015 Wis. Act 328, to s. 341.14 (6r) (f) 65m. at Section 110.

AB846,71 Section 71 . The treatment of 341.145 (1) (c) of the statutes by 2015 Wisconsin Act 328 is not repealed by 2015 Wisconsin Act 227. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 341.145 (1) (c) reads: