AB847: Bill Text

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).

AB847,52 Section 52. 77.51 (10s) of the statutes is renumbered 77.51 (11c).

Note: Places definition in alphabetical order consistent with current style.

AB847,53 Section 53. 101.023 of the statutes, as affected by 2015 Wisconsin Act 29, is amended to read:

AB847,20,7 101.023 Commercial building code council duties. The uniform commercial building code council shall review the rules relating to constructing, altering, adding to, repairing, and maintaining public buildings and buildings that are places of employment. The council shall consider and make recommendations to the department pertaining to these rules and any other matters related to constructing, altering, adding to, repairing, and maintaining public buildings and buildings that are places of employment. In preparing rules under this chapter that relate to public buildings and to buildings that are places of employment, the department shall consult with the commercial building code council.

Note: Corrects council name. The “commercial building code council" is created in s. 15.407 (18) (a). There is no “uniform commercial building code council."

AB847,54 Section 54 . 101.63 (1) (intro.) of the statutes, as affected by 2015 Wisconsin Acts 49 and 55, is amended to read:

AB847,21,2 101.63 (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. Section 254.47 was renumbered to s. 97.67 by 2015 Wis. Act 55.

AB847,55 Section 55. 101.82 (1) of the statutes, as affected by 2015 Wisconsin Act 49, is amended to read:

AB847,21,11 101.82 (1) Promulgate by rule a state electrical wiring code that establishes standards for installing, repairing, and maintaining electrical wiring. The rules shall include separate standards, established in consultation with the uniform dwelling code council, that apply only to electrical wiring in 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 rules shall reflect nationally recognized standards.

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

AB847,56 Section 56. 102.16 (1) (b) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB847,21,21 102.16 (1) (b) In the case of a claim for compensation with respect to which no application has been filed under s. 102.17 (1) (a) 1. or with respect to which an application has been filed, but the application is not ready to be scheduled for a hearing, the department may review and set aside, modify, or confirm a compromise of the claim within one year after the date on which the compromise is filed with the department, the date on which an award has been entered based on the compromise, or the date on which an application for the office department to take any of those actions is filed with the department.

Note: Inserts correct term. A draft of the amendment of this provision by 2015 Wis. Act 55 changed “department" to “office," but that change was not retained in the final bill. This single occurrence of “office" in s. 102.16, left a reference without an antecedent.

AB847,57 Section 57. 108.04 (8) (b) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB847,23,4 108.04 (8) (b) There is a rebuttable presumption that an employee has failed, without good cause, to accept suitable work when offered if the department determines, based on a report submitted by an employing unit in accordance with s. 108.133 (4), that the employing unit required, as a condition of an offer of employment, that the employee submit to a test for the presence of controlled substances and withdrew the conditional offer after the employee either declined to submit to such a test or tested positive for one or more controlled substances without evidence of a valid prescription for each controlled substance for which the employee tested positive. In the case of the employee declining to submit to such a test, the employee shall be ineligible for benefits until the employee again qualifies for benefits in accordance with the rules promulgated under this paragraph. In the case of the employee testing positive in such a test without evidence of a valid prescription, the employee shall be ineligible for benefits until the employee again qualifies for benefits in accordance with the rules promulgated under this paragraph, except that the employee may maintain his or her eligibility for benefits in the same manner as is provided in s. 108.133 (3) (d). The department shall promulgate rules identifying a period of ineligibility that must elapse or a requalification requirement that must be satisfied, or both, in order for an employee who becomes ineligible for benefits as provided in this paragraph to again qualify for benefits and specifying how a claimant may overcome the presumption in this paragraph. The department shall charge to the fund's balancing account any benefits otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18 whenever an employee of that employer fails, without good cause, to accept suitable work as described in this paragraph.

Note: Inserts missing article.

AB847,58 Section 58. 111.825 (7) of the statutes, as created by 2011 Wisconsin Act 32, is amended to read:

AB847,23,13 111.825 (7) Notwithstanding sub. (3), if on July 1, 2015, an employee of the University of Wisconsin System is assigned to a collective bargaining unit under s. 111.825 (2) (a), (b), (c), (g), (h), or (i), 2013 stats., or sub. (1) or (2) (a), (b), (c), (g), (h), or (i) the commission shall assign the person to the corresponding collective bargaining unit under sub. (1r) or (1t), whichever is appropriate. Except as otherwise provided in this subchapter, the commission may not assign any other persons to the collective bargaining units under sub. (1r) or (1t).

Note: Section 111.825 (2) (a), (b), (c), (g), (h), and (i) were renumbered effective July 1, 2015, by 2011 Wis. Act 32. The cross-reference is changed to reflect the law in effect immediately prior to the renumbering.

AB847,59 Section 59. 118.40 (2r) (b) 2. i. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB847,23,18 118.40 (2r) (b) 2. i. A requirement that the charter school governing board provide the data needed by the entity under subd. 1. for purposes of making the report required under sub. (3m) (a) 6. (f).

Note: Corrects a cross-reference. Section 118.40 (3m) (f) relates to reports to the state superintendent by entities. Section 118.40 (3m) (f) was originally drafted as s. 118.40 (3m) (a) 6., but was renumbered s. 118.40 (3m) (f) when s. 118.40 (3m) (b) was removed from the bill that became 2015 Wis. Act 55.

AB847,60 Section 60. 118.51 (12) (a) (title) of the statutes is repealed.

Note: Section 118.51 (12) (a) was renumbered to s. 118.51 (12) by 2015 Wis. Act 55 without accounting for the paragraph title. Section 118.51 (12) has an existing title, rendering the paragraph title surplusage. The paragraph title has been removed from the published statutes.

AB847,61 Section 61. 118.60 (3) (ar) 4. and 5. of the statutes, as affected by 2015 Wisconsin Act 55, are amended to read:

AB847,24,6 118.60 (3) (ar) 4. For each school district in which private schools received applications under subd. 1. that exceeded the school district's pupil participation limit under sub. (2) (be), the department shall establish a waiting list in accordance with the preferences required under subd. 3. b.

AB847,24,15 5. A private school that has accepted a pupil who resides in a school district, other than an eligible school district or a 1st class city school district, under this paragraph shall notify the department whenever the private school determines that a pupil will not attend the private school under this paragraph. If, upon receiving notice under this subdivision, the department determines that the number of pupils attending private schools under this section falls below a school district's pupil participation limit under sub. (2) (be), the department shall fill any available slot in that school district with a pupil selected from the school district's waiting list established under subd. 4., if such a waiting list exists.

Note: Corrects cross-reference. Section 118.60 (2) (be) establishes pupil participation limits. Inserts missing “list" as indicated by the use of “such a waiting list."

AB847,62 Section 62. The treatment of 119.04 (1) of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 92. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 119.04 (1) reads:

(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.363, 115.365 (3), 115.38 (2), 115.415, 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board but not, unless explicitly provided in this chapter or in the terms of a contract, to the commissioner or to any school transferred to an opportunity schools and partnership program.

AB847,63 Section 63. 119.61 (1) (c) 3. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB847,25,5 119.61 (1) (c) 3. The number of hours of pupil instruction offered in the school building in the previous school year was less than 80 percent of the number of hours of pupil instruction required to be scheduled under s. 121.02 (1) (f) 2.

Note: Corrects cross-reference. There is no s. 121.02 (1) (f) 2. Section 121.02 (1) (f) provides the number of hours of pupil instruction that school boards are required to schedule.

AB847,64 Section 64. 119.9003 (4) (c) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB847,25,13 119.9003 (4) (c) The commissioner may enter into a lease with an education operator to operate a school in a vacant or underutilized school building obtained by the commissioner in the manner provided under s. 119.61 (3) (a). The commissioner shall count a school operated by an education operator under this paragraph towards the limit on schools in the opportunity schools and partnership program under s. 119.9002 (2) (a), but not for purposes of performance benchmarking.

Note: Corrects cross-reference. Section 119.9002 (2) (a) establishes the limit on schools in the opportunity schools and partnership program.

AB847,65 Section 65. 153.455 (2) of the statutes is amended to read:

AB847,25,15 153.455 (2) Subsection (1) does not apply to ss. 153.21 (1) and 153.60 (1).

Note: Corrects cross-reference. There is no s. 153.60 (1). Section 153.60 (intro.) and (1) were consolidated, renumbered s. 153.60, and amended by 2015 Wis. Act 55.

AB847,66 Section 66. 153.75 (1) (k) of the statutes is repealed.

Note: Section 153.75 (1) (k) authorized rule making “establishing methods and criteria for assessing health care providers under s. 153.60 (1)." 2015 Wis. Act 55 consolidated and renumbered s. 153.60 (intro.) and (1) to be s. 153.60 and amended s. 153.60, as renumbered. The amendment of s. 153.60 by Act 55 deleted the provision for the assessment of health care providers in the former s. 153.60 (1), rendering s. 153.75 (1) (k) without effect.

AB847,67 Section 67. 230.08 (2) (rm) of the statutes is repealed.

Note: Section 230.38 (2) (rm) reads: “Staff of the environmental education board." 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.

AB847,68 Section 68. The treatment of 230.12 (3) (e) 2. 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. 230.12 (3) (e) 2. reads:

2. The administrator, after receiving recommendations from the board of the Wisconsin Technical College System, shall submit to the joint committee on employment relations a proposal for adjusting compensation and employee benefits for the director and executive assistant of the Wisconsin Technical College System. The proposal shall include the salary ranges and adjustments to the salary ranges for the general senior executive salary groups established under s. 20.923 (7). Paragraph (b) and sub. (1) (bf) shall apply to the process for approval of all pay adjustments for such employees. The proposal as approved by the joint committee on employment relations and the governor shall be based upon a percentage of the budgeted salary base for such employees under s. 20.923 (7).

AB847,69 Section 69. The treatment of 230.26 (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. 230.26 (1) reads:

(1) The director may provide by rule for selection and appointment for limited term appointments, which are provisional appointments or appointments for less than 1,040 hours per year.

AB847,70 Section 70. The treatment of 254.71 (3) of the statutes by 2015 Wisconsin Act 9 is not repealed by 2015 Wisconsin Act 55. Both treatments stand.