AB847: Bill Text

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.

Note: There is no conflict of substance. As merged by the legislative reference bureau, and as renumbered from s. 254.71 (3) by 2015 Wis. Acts 9 and 55, s. 97.33 (3) (intro.) reads, effective 7-1-16:

(3) Each certificate is valid for 5 years from the date of issuance and, except as provided in s. 93.135, may be renewed by the certificate holder if he or she satisfactorily completes all of the following:

AB847,71 Section 71. The treatment of 256.01 (9) of the statutes by 2015 Wisconsin Act 83 is not repealed by 2015 Wisconsin Act 113. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 256.01 (9) reads:

(9) “First responder" means a person who is certified by the department as a first responder under s. 256.15 (8) (a) or is exempt under s. 256.15 (2) (b) or (c) and who, as a condition of employment or as a member of an organization that provides emergency medical care before hospitalization, provides emergency medical care to a sick, disabled or injured individual.

AB847,72 Section 72. 440.45 (1) (title) of the statutes, as created by 2015 Wisconsin Act 16, is repealed.

Note: No other subsections in s. 440.45 have titles.

AB847,73 Section 73. The treatment of 450.03 (1) (e) of the statutes by 2015 Wisconsin Act 3 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. 450.03 (1) (e) reads:

(e) Any person lawfully practicing within the scope of a license, permit, registration, certificate, or certification granted to provide home medical oxygen under s. 450.076, to practice professional or practical nursing or nurse-midwifery under ch. 441, to practice dentistry or dental hygiene under ch. 447, to practice medicine and surgery under ch. 448, to practice optometry under ch. 449 or to practice veterinary medicine under ch. 89, or as otherwise provided by statute.

AB847,74 Section 74. 450.16 (1) (intro.) and (b) of the statutes are consolidated, renumbered 450.16 (1) and amended to read:

AB847,27,8 450.16 (1) As used in In this section: (b) “Vending, “ vending machine" has the meaning given under s. 450.155 (1) (L).

Note: See the next section of this bill. “As used in" is replaced with “in" and “given" is inserted for conformity with current style.

AB847,75 Section 75. 450.16 (1) (a) of the statutes is repealed.

Note: Removes unnecessary definition. Section 450.16 (1) (a) provides a definition of “contraceptive article" as the term is used in s. 450.16, but “contraceptive article" is not contained in s. 450.16.

AB847,76 Section 76. 632.87 (2m) (a) (intro.), 1., 2., 3. and 4. of the statutes are renumbered 632.87 (2m) (intro.), (am), (b), (c) and (d), and 632.87 (2m) (b), as renumbered, is amended to read:

AB847,28,2 632.87 (2m) (b) Fail to provide to persons covered by the health maintenance organization or preferred provider plan, at the time vision care services or procedures are needed, the opportunity to choose optometrists from the listing under subd. 1. par. (am) from whom the persons may obtain covered vision care services and procedures within the scope of the practice of optometry, as defined in s. 449.01 (1).

Note: Section 632.87 (2m) is not divided into multiple paragraphs.

AB847,77 Section 77. 632.897 (10) (a) 3. of the statutes is amended to read:

AB847,28,9 632.897 (10) (a) 3. The fact that the group member or insured does not claim the child as an exemption for federal income tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state income tax purposes under s. 71.07 (8) (b) or under the laws of another state, if a court order under s. 767.513 or the laws of another state assigns responsibility for the child's health care expenses to the group member or insured.

Note: Corrects cross-reference. 26 USC 151 (c), which provides exemptions for dependents for federal income tax purposes, does not contain subdivisions.

AB847,78 Section 78. 751.20 of the statutes is amended to read:

AB847,28,14 751.20 Transfer authority. Notwithstanding s. 20.680 (2) (a) to (ke) and (4) (a) to (h) (L), the supreme court may transfer money from the appropriations under s. 20.680 (2) (a) to (ke) and (4) (a) to (h) (L) to the appropriation under s. 20.670 (1) (k) for the purposes of the judicial council under s. 758.13.

Note: Corrects cross-references. 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.

AB847,79 Section 79. 755.01 (4) of the statutes, as affected by 2015 Wisconsin Act 117, is amended to read:

AB847,29,13 755.01 (4) Two or more cities, towns or villages of this state may enter into an agreement under s. 66.0301 for the joint exercise of the power granted under sub. (1), except that for purposes of this subsection, any agreement under s. 66.0301 shall be effected by the enactment of identical ordinances by each affected city, town or village. Electors of each municipality entering into the agreement shall be eligible to vote for the judge of the municipal court so established. If a municipality enters into an agreement with a municipality that already has a municipal court, the municipalities may provide by ordinance or resolution that the judge for the existing municipal court shall serve as the judge for the joint court until the end of the term or until a special election is held under s. 8.50 (4) (fm). Each municipality shall adopt an ordinance or bylaw under sub. (1) prior to entering into the agreement. The contracting municipalities need not be contiguous and need not all be in the same county. Upon entering into or discontinuing such an agreement, the contracting municipalities shall each transmit a certified copy of the ordinance or bylaw effecting or discontinuing the agreement to the appropriate filing officer under s. 11.0102 (1) (c) and to the director of state courts. When a municipal judge is elected under this subsection, candidates shall be nominated by filing nomination papers under s. 8.10 (6) (bm), and shall register with the filing officer specified in s. 11.0102 (1) (c).

Note: Inserts the correct cross-reference. 2015 Wis. Act 117 struck “11.02 (3e)" in two places but did not insert the new cross-reference for filing officers in the second instance. Section 11.0102 (1) (c), as created by 2015 Wis. Act 117, identifies the filing officer for municipal judges elected under s. 755.01 (4).

AB847,80 Section 80. 767.511 (1) (b) of the statutes is amended to read:

AB847,30,2 767.511 (1) (b) Ensure that the parties have stipulated which party, if either is eligible, will claim each child as an exemption for federal income tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state income tax purposes under s. 71.07 (8) (b) or under the laws of another state. If the parties are unable to reach an agreement about the tax exemption for each child, the court shall make the decision in accordance with state and federal tax laws. In making its decision, the court shall consider whether the parent who is assigned responsibility for the child's health care expenses under s. 767.513 is covered under a health insurance policy or plan, including a self-insured plan, that is not subject to s. 632.897 (10) and that conditions coverage of a dependent child on whether the child is claimed by the insured parent as an exemption for purposes of federal or state income taxes.

Note: Corrects cross-reference. 26 USC 151 (c), which provides exemptions for dependents for federal income tax purposes, does not contain subdivisions.

AB847,81 Section 81. 767.805 (4) (c) of the statutes is amended to read: