AB847: Bill Text

AB847,9,21 6. For each political party, other than the 2 major political parties, qualifying for a separate ballot under s. 5.62 (1) (b) or (2) whose candidate for governor received at least 10 percent of the vote in the most recent gubernatorial election, one member, nominated by the governor from a list of 3 individuals selected by the chief officer of that political party, and with the advice and consent of a majority of the members of the senate confirmed.

Note: Inserts “and" in s. 15.61 (1) (a) 5. and a comma in s. 15.61 (1) (a) 6. for internal consistency and consistency of construction with s. 15.62 and other similar statutes. See also the next section of this bill.

AB847,24 Section 24. 15.62 (1) (a) 5. and 6. of the statutes, as created by 2015 Wisconsin Act 118, are amended to read:

AB847,10,9 15.62 (1) (a) 5. Two individuals who formerly served as judges for a court of record in this state, who were elected to the positions in which they served, and who are nominated by the governor, and with the advice and consent of a majority of the members of the senate confirmed. The legislative leadership of the 2 major political parties that received the largest number of votes for president shall prepare a list of 3 individuals such that each major political party has prepared one list. The governor shall choose one nominee from each list.

AB847,10,15 6. For each political party, other than the 2 major political parties, qualifying for a separate ballot under s. 5.62 (1) (b) or (2) whose candidate for governor received at least 10 percent of the vote in the most recent gubernatorial election, one member, nominated by the governor from a list of 3 individuals selected by the chief officer of that political party, and with the advice and consent of a majority of the members of the senate confirmed.

Note: Inserts “, and" in s. 15.62 (1) (a) 5. and a comma in s. 15.62 (1) (a) 6. for internal consistency and consistency of construction with s. 15.61 and other similar statutes. See also the previous section of this bill.

AB847,25 Section 25. 19.49 (2g) of the statutes, as affected by 2015 Wisconsin Act 117, section 2, and 2015 Wisconsin Act 118, section 12, is amended to read:

AB847,11,6 19.49 (2g) Auditing. In addition to the facial examination of reports and statements required under s. 11.1304 (9), the commission shall conduct an audit of reports and statements which are required to be filed with it to determine whether violations of ch. 11 have occurred. The commission may examine records relating to matters required to be treated in such reports and statements. The commission shall make official note in the file of a committee, as defined in s. 11.0101 (6), of any error or other discrepancy which the commission discovers and shall inform the person submitting the report or statement. The board commission may not audit reports, statements, or records beyond the 3-year period for which a committee must retain records under ch. 11.

Note: Replaces “board" with “commission" consistent with 2015 Wis. Act 118. Act 118 eliminates the Government Accountability Board and creates the Ethics Commission to administer subch. III of ch. 19, effective 6-30-16.

AB847,26 Section 26. 20.115 (1) (gb) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB847,11,14 20.115 (1) (gb) Food, lodging, and recreation. The amounts in the schedule for the regulation of food, lodging, and recreation under chs. 93, 97 and 98. All moneys received under ss. 93.06 (1r) and (1w), 93.09, 93.11, 93.12, 97.17, 97.175, 97.20, 97.21, 97.22, 97.24, 97.27, 97.29, 97.30 (3) (a), (b) and (c), 97.41, 97.60 to 97.653 97.65, 97.67, 98.145 and 98.146 for the regulation of food, lodging, and recreation shall be credited to this appropriation.

Note: Corrects cross-reference. There is no s. 97.653. A preliminary version of 2015 Wis. Act 55 contained a provision numbered s. 97.653. Sections 97.60 to 97.65 include all of the sections in subch. III of ch. 97.

AB847,27 Section 27. 20.370 (9) (gb) of the statutes is amended to read:

AB847,11,19 20.370 (9) (gb) Education programs — program fees. Biennially, from the general fund, the amounts in the schedule for department educational activities at the MacKenzie environmental center. All moneys received from fees collected under s. 23.425 (2) for the use of the center shall be credited to this appropriation.

Note: Section 23.425 (2) is renumbered s. 23.425 by Section 37 of this bill.

AB847,28 Section 28. 20.505 (1) (id) (intro.) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB847,12,4 20.505 (1) (id) Justice information fee receipts. (intro.) All moneys less $700,000 received from the justice information surcharge under s. 814.86 (1) for the purpose of annually transferring the amounts indicated in subds. 1. to 7. 6. The following amounts shall be transferred to the following appropriation accounts:

Note: 2015 Wis. Act 55 repealed s. 20.505 (1) (id) 8. and changed the cross-reference in this provision from “subds. 1. to 8." to “subds. 1. to 7." There is no s. 20.505 (1) (id) 7.

Note: Adds “to make" for parallel structure

AB847,29 Section 29 . 20.505 (4) (s) of the statutes, as affected by 2015 Wisconsin Act 55, section 800d, is amended to read:

AB847,12,12 20.505 (4) (s) School districts; telecommunications access and teacher training grants. Biennially, from the universal service fund, the amounts in the schedule to make payments to telecommunications providers under contracts under s. 16.971 (13) to the extent that the amounts due are not paid from the appropriation under sub. (1) (is), to make grants to school district consortia under s. 16.997 (7), and to make educational technology teacher training grants under s. 16.996.

Note: Adds “to make" for parallel structure.

AB847,30 Section 30. 20.510 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 117, section 55, and 2015 Wisconsin Act 118, section 213, is amended to read:

AB847,12,19 20.510 (1) (a) General program operations; general purpose revenue. Biennially, the amounts in the schedule for general program operations of the commission, including the printing of forms, materials, manuals, and election laws under s. 7.08 (1) (b), (3), and (4) 11.1304, and the training of election officials under s. 5.05 (7).

Note: The stricken language was inserted by 2015 Wis. Act 117 but rendered without effect by the treatment by 2015 Wis. Act 118.

AB847,31 Section 31. 20.510 (1) (e) of the statutes, as affected by 2015 Wisconsin Act 117, section 56, and 2015 Wisconsin Act 118, section 220, is amended to read:

AB847,13,4 20.510 (1) (e) Elections administration. The amounts in the schedule for the administration of chs. 5 to 10 and 12. 11.0102 (2)

Note: The stricken language was inserted by 2015 Wis. Act 117 but rendered without effect by the treatment by 2015 Wis. Act 118.

AB847,32 Section 32. 20.670 (1) (k) of the statutes is amended to read:

AB847,13,8 20.670 (1) (k) Director of state courts and law library transfer. All moneys received from the appropriations under s. 20.680 (2) (a) to (ke) and (4) (a) to (h) (L) for the purposes of the judicial council under s. 758.13.

Note: Corrects cross-reference. Section 20.680 (4) (a) to (h) consisted of s. 20.680 (4) (a), (g), and (h). Section 20.680 (4) (a) and (h) were repealed by 2015 Wis. Act 55. Section 20.680 (4) (g) was renumbered s. 20.680 (2) (L) by 2015 Wis. Act 55.

AB847,33 Section 33. The treatment of 20.923 (7) (intro.) of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 58. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 20.923 (7) (intro.) reads:

(7) General senior executive positions. The salary ranges for the director and the executive assistant of the Wisconsin Technical College System and for the secretary, deputy secretary, and assistant deputy secretary of the department of employee trust funds shall be contained in the recommendations of the administrator of the division of personnel management in the department of administration under s. 230.12 (3) (e). The board of the Wisconsin Technical College System shall set the salaries for the director and executive assistant of the Wisconsin Technical College System within the range to which the positions are assigned to recognize merit, to permit orderly salary progression, and to recognize competitive factors. The employee trust funds board shall set the salary for the secretary of the department of employee trust funds within the range to which the position is assigned to recognize merit, to permit orderly salary progression, and to recognize competitive factors. The salary of the deputy secretary of the department of employee trust funds and the salary of the assistant deputy secretary of the department of employee trust funds shall be set in accordance with subs. (8) and (9), respectively. The salary of any incumbent in the positions identified in pars. (a) and (b) may not exceed the maximum of the salary range for the group to which the position is assigned. The positions are assigned as follows:

AB847,34 Section 34. The treatment of 20.923 (8) of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 58. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 20.923 (8) reads:

(8) Deputies. Salaries for deputies appointed pursuant to ss. 13.94 (3) (b), 15.04 (2), and 551.601 (1) shall be set by the appointing authority. The salary, other than the salary of the deputy secretary of the department of employee trust funds, shall not exceed the maximum of the salary range one range below the salary range of the executive salary group to which the department or agency head is assigned. The associate director of the historical society shall be treated as an unclassified deputy for pay purposes under this subsection. The salary of the deputy director of the office of business development in the department of administration is assigned to executive salary group 2.

AB847,35 Section 35. The treatment of 20.923 (9) of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 58. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 20.923 (9) reads:

(9) Assistant deputy secretary and executive assistants. Salaries for assistant deputy secretaries and executive assistants appointed under ss. 15.05 (3) and 15.06 (4m) shall be set by the appointing authority. The salary for an assistant deputy secretary or an executive assistant appointed under s. 15.05 (3) or 15.06 (4m), other than the salary for the executive assistant to the director of the technical college system and the assistant deputy secretary of the department of employee trust funds, may not exceed the maximum of the salary range 2 ranges below the salary range for the executive salary group to which the department or agency head is assigned. The position of administrative assistant to the lieutenant governor shall be treated as are executive assistants for pay purposes under this subsection.

AB847,36 Section 36. 23.425 (1) of the statutes is repealed.

Note: Section 23.425 (1) reads: “The department shall seek the advice of the environmental education board on the development of environmental education programs." The environmental education board is eliminated effective July 1, 2017, as a result of the repeal of ss. 15.915 (6) and 36.54 by 2015 Wis. Act 55, leaving this provision without effect.

AB847,37 Section 37 . 23.425 (2) (a) and (b) of the statutes are renumbered 23.425 (1m) and (2m), and 23.425 (2m), as renumbered, is amended to read:

AB847,14,8 23.425 (2m) The fees collected by the department under par. (a) sub. (1m) for the use of the MacKenzie environmental center shall be deposited in the general fund and credited to the appropriation under s. 20.370 (9) (gb).

Note: The repeal of s. 23.425 (1) by the previous section of this bill left s. 23.425 with only one subsection.

AB847,38 Section 38. The treatment of 24.62 (3) of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 60. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 24.62 (3) reads:

(3) If any land purchased under s. 24.61 (2) (a) on or after July 14, 2015, or acquired in an exchange under s. 24.09 on or after July 14, 2015, was at the time of the purchase or acquisition subject to assessment or levy of a real property tax or subject to an obligation to make state or federal payments in lieu of taxes, the board shall make annual payments in lieu of property taxes from the proceeds from the sale of timber or from appropriate trust fund incomes to the appropriate local governmental unit in an amount equal to the property taxes levied on the land, or equal to the state or federal payments in lieu of taxes made with respect to the land, in the year prior to the year in which the board purchased or acquired the land.

AB847,39 Section 39. 29.89 (4) of the statutes, as affected by 2015 Wisconsin Act 31, is amended to read:

AB847,15,6 29.89 (4) Donations authorized. A county may donate the processed venison or process processed wild turkey meat to a food distribution service or a charitable organization. The county may require that the carcasses be field dressed before accepting them for processing.

Note: Corrects spelling.

AB847,40 Section 40. 38.04 (4) (d) of the statutes is repealed.

Note: Section 38.04 (4) (d) reads: “The board shall seek the advice of the environmental education board on the development of environmental education programs." The environmental education board is eliminated effective July 1, 2017, as a result of the repeal of ss. 15.915 (6) and 36.54 by 2015 Wis. Act 55, leaving this provision without effect.

AB847,41 Section 41. 40.02 (15) (d) and (e) of the statutes are amended to read:

AB847,15,13 40.02 (15) (d) Contributions, benefits, and service credit with respect to qualified military service, as defined in 38 USC chapter 43 of title 38 of the United States Code, taken on or after December 12, 1994, are governed by section 414 (u) of the Internal Revenue Code and the federal Uniformed Services Employment and Reemployment Rights Act of 1994.

AB847,16,2 (e) 1. Effective with deaths occurring on or after January 1, 2007, while a participant is performing qualified military service, as defined in 38 USC chapter 43 of title 38 of the United States Code, death benefits shall be calculated as though the participant was a participating employee subject to par. (d) during the period or periods of military service between the date that the participant left participating employment to enter active military service and the date of death.

AB847,16,12 2. Effective with disabilities occurring on or after January 1, 2007, if a participant becomes disabled while performing qualified military service, as defined in 38 USC chapter 43 of title 38 of the United States Code, to the extent permitted by section 414 (u) (8) of the Internal Revenue Code, and is unable to return to participating employment due to the disability incurred while performing such military service, for benefit calculation purposes the participant shall be treated as though the participant was a participating employee subject to par. (d) during the period or periods of military service between the date that the participant left participating employment to enter active military service and the date of discharge from military service.

AB847,16,19 3. Beginning January 1, 2009, an individual receiving differential wage payments while the individual is performing qualified military service, as defined in 38 USC chapter 43 of title 38 of the United States Code, from an employer shall be treated as employed by that employer, and the differential wage payment shall be treated as compensation for purposes of applying the limits on annual additions under section 415 (c) of the Internal Revenue Code. This provision shall be applied to all similarly situated individuals in a reasonably equivalent manner.

Note: Corrects citation form.

AB847,42 Section 42. The treatment of 40.05 (4) (ag) 1. of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 58. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 40.05 (4) (ag) 1. reads:

1. For insured part-time employees other than employees specified in s. 40.02 (25) (b) 2., including those in project positions as defined in s. 230.27 (1), who are appointed to work less than 1,040 hours per year, an amount determined annually by the administrator of the division of personnel management in the department of administration under par. (ah).

AB847,43 Section 43. 46.27 (6r) (b) 1m. a. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB847,17,7 46.27 (6r) (b) 1m. a. A person who resided in the facility on the date of the finding that a skilled nursing facility or intermediate care facility that provides care to Medical Assistance recipients to be is an institution for mental diseases whose care in the facility is disallowed for federal financial participation under Medical Assistance.

Note: Corrects grammar.

AB847,44 Section 44. 46.272 (14) (b) 1. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB847,17,14 46.272 (14) (b) 1. Medical assistance reimbursement for services a county or a private nonprofit agency, or with which the department contracts provides under this subsection shall be made from the appropriations under s. 20.435 (4) (bd) and (o) and (7) (b). Payments made under sub. (13) (a) may be used as the state share for purposes of Medical Assistance reimbursement.

Note: Deletes unnecessary language. The language for this provision was created based on identical language in s. 46.27 (11) (c) 3. Under s. 46.27 (11) (c) 3. the department may contract for services with a county, a private nonprofit agency, or an aging unit. Under s. 46.272 (14) (b) 1. the department can only contract with a county or a private nonprofit agency. The stricken language was inadvertently included in the creation of s. 46.272 (14) (b) 1.

AB847,45 Section 45. 46.277 (5g) (b) 1. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB847,18,2 46.277 (5g) (b) 1. A person who resided in the facility on the date of the finding that a skilled nursing facility or intermediate care facility that provides care to Medical Assistance recipients to be is an institution for mental diseases whose care in the facility is disallowed for federal financial participation under Medical Assistance.

Note: Corrects grammar.

AB847,46 Section 46. 48.57 (3m) (a) 1. b. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB847,18,12 48.57 (3m) (a) 1. b. The person is under 21 years of age, the person is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent, an individualized education program under s. 115.787 is in effect for the person, and the person is placed in the home of the kinship care relative under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 48.366 (3) or 938.366 (3).

Note: Inserts “the person" to provide parallel construction within a series.

AB847,47 Section 47. 48.57 (3n) (a) 1. b. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB847,18,22 48.57 (3n) (a) 1. b. The person is under 21 years of age, the person is a full-time student in good academic standing at a secondary school or its vocational or technical equivalent, an individualized education program under s. 115.787 is in effect for the person, and the person is placed in the home of the long-term kinship care relative under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates under s. 48.355 (4) (b) or 938.355 (4) (am) after the person attains 18 years of age or under a voluntary transition-to-independent-living agreement under s. 48.366 (3) or 938.366 (3).

Note: Inserts “the person" to provide parallel construction within a series.

AB847,48 Section 48. 59.54 (28) (c) 4. c. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB847,19,5 59.54 (28) (c) 4. c. The chairperson of the county board of supervisors, or his or her designee, if the county does not have a county executive or a county administrator.

Note: Removes unnecessary repeated language contained in s. 59.54 (28) (c) 4. (intro.).

AB847,49 Section 49. 71.07 (3y) (a) 2. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB847,19,8 71.07 (3y) (a) 2. “Eligible employee" has the meaning given in s. 238.308 (1) (a).

Note: Corrects cross-reference. There is no s. 238.308 (1) (a). “Eligible employee" is defined in s. 238.308 (1).

AB847,50 Section 50. 71.28 (3y) (a) 2. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB847,19,11 71.28 (3y) (a) 2. “Eligible employee" has the meaning given in s. 238.308 (1) (a).

Note: Corrects cross-reference. There is no s. 238.308 (1) (a). “Eligible employee" is defined in s. 238.308 (1).

AB847,51 Section 51. 71.47 (3y) (a) 2. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB847,19,14 71.47 (3y) (a) 2. “Eligible employee" has the meaning given in s. 238.308 (1) (a).

Note: Corrects cross-reference. There is no s. 238.308 (1) (a). “Eligible employee" is defined in s. 238.308 (1).