AB969: Bill Text

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

(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 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, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35) and (37) and 120.14 are applicable to a 1st class city school district and board.

AB969, s. 78 Section 78 . The treatment of 119.04 (1) of the statutes by 1999 Wisconsin Acts 9 and 73 is not repealed by 1999 Wisconsin Act .... (Senate Bill 710). All treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 119.04 (1) reads:

(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 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, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35) and (37), 120.14 and 120.25 are applicable to a 1st class city school district and board.

AB969, s. 79 Section 79. 119.25 (2) (d) 6. of the statutes, as created by 1999 Wisconsin Act .... (Assembly Bill 447), is amended to read:

AB969,28,12 119.25 (2) (d) 6. Within 5 school days after the revocation of a pupil's early reinstatement under subd. 4., the pupil or, if the pupil is a minor, the pupil's parent or guardian may request a conference with the superintendent of schools or his or her designee, who shall be someone other than a principal, administrator or teacher in the pupil's school. If a conference is requested, it shall be held within 5 school days following the request. If, after the conference, the superintendent of schools or his or her designee finds that the pupil did not violate an early reinstatement condition or that the revocation was inappropriate, the pupil shall be reinstated to school under the same reinstatement conditions as in the expulsion order and the early reinstatement revocation shall be expunged from the pupil's record. If the superintendent of schools or his or her designee finds that the pupil violated an early reinstatement condition and that the revocation was appropriate, he or she shall mail separate copies of the decision to the pupil and, if the pupil is a minor, to the pupil's parent or guardian. The decision of the superintendent of schools or his or her designee is final.

Note: Inserts missing pronoun consistent with the remainder of the subdivision.

AB969, s. 80 Section 80. 120.13 (1) (b) 2m. of the statutes, as affected by 1999 Wisconsin Acts 9 and 83, is amended to read:

AB969,28,17 120.13 (1) (b) 2m. In subdivision 2. c. and d., conduct that endangers a person or property includes making a threat to the health or safety of a person or making a threat to damage a property.

Note: The underscored language was inserted by 1999 Wis. Act 83 without being shown as underscored. The change was intended.

AB969, s. 81 Section 81. The treatment of 120.13 (2) (g) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act .... (Senate Bill 136). Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 120.13 (2) (g) reads:

(g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to (14), 632.896 and 767.25 (4m) (d).

AB969, s. 82 Section 82. 120.25 (5) of the statutes, as affected by 1999 Wisconsin Act .... (Assembly Bill 710), section 357, is amended to read:

AB969,29,10 120.25 (5) At least 30 days prior to entering into a contract under this section or a modification or extension of the contract, the school boards of the districts involved or their designated agent shall file the proposed agreement with the state superintendent to enable the department state superintendent or state superintendent's designee to assist and advise the school boards involved in regard to the applicable recognized accounting procedure for the administration of the school aid programs. The state superintendent shall review the terms of the proposed contract to ensure that each participating district's interests are protected.

Note: The stricken language was inserted without being shown as underscored and the underscored language was deleted without being shown as stricken by 1999 Wis. Act (ab 710). No change was intended.

AB969, s. 83 Section 83. The treatment of 121.90 (2) (intro.) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 32. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 121.90 (2) (intro.) reads:

(2) "State aid" means aid under ss. 121.08, 121.09 and 121.105 and subch. VI, as calculated for the current school year on October 15 under s. 121.15 (4) and including adjustments made under s. 121.15 (4), and amounts under s. 79.095 (4) for the current school year, except that "state aid" excludes all of the following:

AB969, s. 84 Section 84. 146.997 (1) (c) of the statutes, as created by 1999 Wisconsin Act .... (Senate Bill 172), is amended to read:

AB969,30,2 146.997 (1) (c) "Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health complex, tuberculosis sanatorium or other place licensed or approved by the department of health and family services under s. 49.70, 49.71, 49.72, 50.03, 50.35, 51.08, or 51.09, 58.06, 252.073 or 252.076 or a facility under s. 45.365, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.

Note: 1999 Wis. Act 9 repealed ss. 58.06, 252.073 and 252.076 and removed all references to tuberculosis sanitoriums from the statutes.

AB969, s. 85 Section 85. 153.60 (1) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB969,31,2 153.60 (1) The department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures under this chapter for the department and the board for that fiscal year for data collection, data base development and maintenance, generation of data files and standard reports, orientation and training provided under s. 153.05 (9) and maintaining the board. The department shall assess the estimated total amount for that fiscal year less the estimated total amount to be received for purposes of administration of this chapter under s. 20.435 (4) (hi) during the fiscal year, the unencumbered balance of the amount received for purposes of administration of this chapter under s. 20.435 (4) (hi) from the prior fiscal year and the amount in the appropriation account under s. 20.435 (1) (dg), 1997 stats., for the fiscal year, to health care providers who are in a class of health care providers from whom the department collects data under this chapter in a manner specified by the department by rule. The department shall obtain approval from the board for the amounts of assessments for health care providers other than hospitals and ambulatory surgery centers. The department shall work together with the department of regulation and licensing to develop a mechanism for collecting assessments from health care providers other than hospitals and ambulatory surgery centers. No health care provider that is not a facility may be assessed under this subsection an amount that exceeds $75 per fiscal year. Each hospital shall pay the assessment on or before December 1. All payments of assessments shall be deposited in the appropriation under s. 20.435 (4) (hg).

Note: Section 20.435 (1) (dg) was repealed effective 7-1-99 by 1997 Wis. Act 237.

AB969, s. 86 Section 86. The treatment of 196.26 (1m) of the statutes by 1999 Wisconsin Act 32 is not repealed by 1999 Wisconsin Act 53. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 196.26 (1m) reads:

(1m) Investigation of complaint. If any mercantile, agricultural or manufacturing society, body politic, municipal organization or 25 persons file a complaint specified in sub. (1) (a) against a public utility, or if the commission terminates a proceeding on a complaint under s. 196.199 (3) (a) 1m. b., or if a person files a complaint specified in sub. (1) (c), the commission, with or without notice, may investigate the complaint under this section as it considers necessary. If the mobile home park occupants of 25% of the total number of mobile homes in a mobile home park or the mobile home park occupants of 25 mobile homes in a mobile home park, whichever is less, files a complaint specified in sub. (1) (a) against a mobile home park contractor or mobile home park operator, the commission, with or without notice, may investigate the complaint as it considers necessary. The commission may not issue an order based on an investigation under this subsection without a public hearing.

AB969, s. 87 Section 87. 196.85 (2m) of the statutes is repealed.

Note: By its terms, this provision has no application after June 30, 1999.

AB969, s. 88 Section 88. 196.85 (3) of the statutes, as affected by 1999 Wisconsin Act 32, is amended to read:

AB969,32,7 196.85 (3) If any public utility, sewerage system, joint local water authority, mobile home park operator or power district is billed under sub. (1), (2), (2e) or (2g) and fails to pay the bill within 30 days or fails to file objections to the bill with the commission, as provided in this subsection, the commission shall transmit to the state treasurer a certified copy of the bill, together with notice of failure to pay the bill, and on the same day the commission shall mail by registered mail to the public utility, sewerage system, joint local water authority, mobile home park operator or power district a copy of the notice which it has transmitted to the state treasurer. Within 10 days after the receipt of the notice and certified copy of the bill, the state treasurer shall levy the amount stated on the bill to be due, with interest, by distress and sale of any property, including stocks, securities, bank accounts, evidences of debt, and accounts receivable belonging to the delinquent public utility, sewerage system, joint local water authority, mobile home park operator or power district. The levy by distress and sale shall be governed by s. 74.10, 1985 stats., except that it shall be made by the state treasurer and that goods and chattels anywhere within the state may be levied upon.

Note: 1999 Wis. Act 32 inserted the underscored language without showing it as underscored and deleted the stricken language without showing it as stricken. The changes were intended.

AB969, s. 89 Section 89. 218.01 (2) (ie) 3. of the statutes, as created by 1999 Wisconsin Act 9, section 2341j, is renumbered 218.0114 (21e) (c) and amended to read:

AB969,32,17 218.0114 (21e) (c) If an applicant for the issuance or renewal of a license described in par. (d) sub. (14) is an individual who does not have a social security number, the applicant, as a condition of applying for or applying to renew the license, shall submit a statement made or subscribed under oath or affirmation to the licensor that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. Any license issued or renewed in reliance upon a false statement submitted by an applicant under this subdivision paragraph is invalid.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). The remainder of s. 218.01 (2) (ie) was renumbered to s. 218.0114 (21e) by 1999 Wis. Act 31. Inserts correct cross-reference.

AB969, s. 90 Section 90. 218.01 (2) (L) of the statutes, as created by 1999 Wisconsin Act 9, is renumbered 218.0114 (24) and amended to read:

AB969,32,21 218.0114 (24) (a) Words and phrases defined in sub. (2c) (am) s. 218.0121 (1m) have the same meaning in this paragraph subsection.

AB969,33,4 (b) The department may not issue a dealer license under this section ss. 218.0101 to 218.0163, unless the department has determined that no factory will hold an ownership interest in or operate or control the dealership or that one of the exceptions under sub. (2c) (cm) s. 218.0121 (3m) applies.

AB969,33,9 (c) If the applicant asserts that sub. (2c) (cm) 2. s. 218.0121 (3m) (b) applies, the department shall require the applicant to provide a copy of the written agreement described in sub. (2c) (cm) 2. d. s. 218.0121 (3m) (b) 4. for examination by the department to ensure that the agreement meets the requirements of sub. (2c) (cm) 2 s. 218.0121 (3m) (b).

AB969,33,14 (d) If the division of hearings and appeals determines, after a hearing on the matter at the request of the department or any licensee, that a factory holds an ownership interest in a dealership or operates or controls a dealership in violation of sub. (2c) s. 218.0121 the division shall order the denial or revocation of the dealership's license.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b) and inserts correct cross-references. 1999 Wis. Act 31 renumbered s. 218.01 (2) to s. 218.0114 and s. 218.01 (2c) to s. 218.0121.

AB969, s. 91 Section 91. 218.0114 (21e) (a) of the statutes, as affected by 1999 Wisconsin Act 9, section 2341h, 1999 Wisconsin Act 31, section 101, and 1999 Wisconsin Act 32, section 242, is amended to read:

AB969,34,4 218.0114 (21e) (a) In addition to any other information required under this section and except as provided in subd. 3. par. (c), an application by an individual for the issuance or renewal of a license described in sub. (14) shall include the individual's social security number and an application by a person who is not an individual for the issuance or renewal of a license described in sub. (14) (a), (b), (c) or (e) shall include the person's federal employer identification number. The licensor may not disclose any information received under this paragraph to any person except the department of workforce development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

Note: Inserts correct cross-reference.

AB969, s. 92 Section 92. 218.0114 (21g) (a) (intro.) of the statutes, as affected by 1999 Wisconsin Act 9, section 2341L, and 1999 Wisconsin Act 31, section 102, is amended to read:

AB969,34,10 218.0114 (21g) (a) (intro.) In addition to any other information required under this section and except as provided in subd. 3. par. (c), an application for a license described in sub. (16) shall include the following:

Note: Inserts correct cross-reference.

AB969, s. 93 Section 93. The treatment of 218.0114 (21g) (b) 2. of the statutes by 1999 Wisconsin Act 31, section 102, is not repealed by 1999 Wisconsin Act 32, section 243. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 218.0114 (21g) (b) 2. reads:

2. The licensor may disclose information under par. (a) 1. to the department of workforce development in accordance with a memorandum of understanding under s. 49.857.

AB969, s. 94 Section 94. 218.0114 (21g) (c) of the statutes, as affected by 1999 Wisconsin Act 9, section 2341n, and 1999 Wisconsin Act 31, section 102, is amended to read:

AB969,35,3 218.0114 (21g) (c) If an applicant for the issuance or renewal of a license described in par. (dr) sub. (16) is an individual who does not have a social security number, the applicant, as a condition of applying for or applying to renew the license, shall submit a statement made or subscribed under oath or affirmation to the licensor that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. Any license issued or renewed in reliance upon a false statement submitted by an applicant under this subdivision paragraph is invalid.

Note: Inserts correct cross-references.

AB969, s. 95 Section 95. 218.0116 (1g) (b) of the statutes, as affected by 1999 Wisconsin Act 31, section 169, and 1999 Wisconsin Act 32, section 244, is amended to read:

AB969,35,8 218.0116 (1g) (b) A license described in sub. (2) s. 218.0114 (14) (a), (b), (c) or (e) shall be suspended or revoked if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes.

Note: The stricken text was inserted by 1999 Wis. Act 32, but was rendered surplusage by the treatment of this provision by 1999 Wis. Act 31.

AB969, s. 96 Section 96. The treatment of 218.0116 (1m) (a) 1. of the statutes by 1999 Wisconsin Act 9, section 2342ap, is not repealed by 1999 Wisconsin Act 31, section 170. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 218.0116 (1m) (a) 1. reads:

1. The applicant fails to provide any information required under s. 218.0114 (21g) (a).

AB969, s. 97 Section 97. 218.0121 (1m) (intro.), (b) and (d), (2m) and (3m) (a), (b) 5. and (c) of the statutes, as affected by 1999 Wisconsin Act 9, sections 2342abf to 2342 abv, and 1999 Wisconsin Act 31, section 110, are amended to read:

AB969,35,15 218.0121 (1m) (intro.) In this subsection section:

AB969,35,20 (b) "Control" means the possession, direct or indirect, of the power to direct or cause the direction of the management or policies of a person, whether through the ownership of voting securities, by contract or otherwise. "Control" does not include the relationship between a factory and a dealership under a basic agreement filed under sub. (2) (bd) 1 s. 218.0114 (7) (a) 1.

AB969,36,2 (d) "Dealership" means a person licensed or required to be licensed as a motor vehicle dealer under this section ss. 218.0101 to 218.0163.

AB969,36,5 (2m) A of a manufacturer, importer or distributor factory shall not, directly or indirectly, hold an ownership interest in or operate or control a motor vehicle dealership in this state.

AB969,36,8 (3m) (a) of a manufacturer, importer or distributor A factory from holding an ownership interest in or operating a dealership for a temporary period, not to exceed one year, during the transition from one owner or dealer operator to another.

AB969,36,12 (b) 5. The written agreement described in subd. 2. d. 4. provides that the dealer operator will make reasonable progress toward acquiring all of the ownership interest in the dealership, and the dealer is making reasonable progress toward acquiring all of the ownership interest in the dealership.

AB969,36,19 (c) The ownership, operation or control of a dealership by a of a manufacturer, importer or distributor factory that does not meet the conditions under subds. 1. or 2. sub. (1) or (2) par. (a) or (b), if the division of hearings and appeals determines, after a hearing on the matter at the request of any party, that there is no prospective independent dealer available to own and operate the dealership in a manner consistent with the public interest and that meets the reasonable standard and uniformly applied qualifications of the factory.

Note: Inserts correct cross references and deletes text inserted by 1999 Wis. Act 31 that was rendered surplusage by the treatment of this provision by 1999 Wis. Act 9.

AB969, s. 98 Section 98. The treatment of 218.0121 (3m) (intro.) of the statutes by 1999 Wisconsin Act 9, section 2342abf, is not repealed by 1999 Wisconsin Act 31, section 110. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 218.0121 (3m) (intro.) reads:

(3m) This section does not prohibit any of the following:

AB969, s. 99 Section 99. The treatment of 218.11 (2) (am) 3. of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 32. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 218.11 (2) (am) 3. reads:

3. The department of commerce may not disclose any information received under subd. 1. to any person except to the department of workforce development for purposes of administering s. 49.22 or to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB969, s. 100 Section 100. The treatment of 218.12 (5) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 31. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 218.12 (5) reads, effective 7-1-00:

(5) The provision of s. 218.0116 relating to the denial, suspension and revocation of a motor vehicle salesperson's license shall apply to the denial, suspension and revocation of a salesperson's license so far as applicable, except that such provision does not apply to the denial, suspension or revocation of a license under sub. (3m).

AB969, s. 101 Section 101. The treatment of 218.12 (6) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 31. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 218.12 (6) reads, effective 7-1-00:

(6) The provisions of ss. 218.0116 (9) and 218.0152 shall apply to this section, recreational vehicle sales practices and the regulation of recreational vehicle salespersons, as far as applicable.

AB969, s. 102 Section 102. The treatment of 227.43 (1) (bg) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 31. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 227.43 (1) (bg) reads:

(bg) Assign a hearing examiner to preside over any hearing or review under ss. 84.30 (18), 84.31 (6) (a), 85.013 (1), 86.073 (3), 86.16 (5), 86.195 (9) (b), 86.32 (1), 101.935 (2) (b), 101.951 (7) (a) and (b), 114.134 (4) (b), 114.135 (9), 114.20 (19), 175.05 (4) (b), 194.145 (1), 194.46, 218.0114 (7) (d) and (12) (b), 218.0116 (2), (4), (7) (a), (8) (a) and (10), 218.0131 (3), 218.11 (7) (a) and (b), 218.22 (4) (a) and (b), 218.32 (4) (a) and (b), 218.41 (4), 218.51 (5) (a) and (b), 341.09 (2m) (d), 342.26, 343.69 and 348.25 (9).

AB969, s. 103 Section 103. 229.841 (1) of the statutes, as created by 1999 Wisconsin Act 65, is amended to read:

AB969,38,2 229.841 (1) "Bond" means any bond, note or other obligation issued under s. 66.066 66.0621 by a district.

Note: Inserts correct cross-reference. Section 66.066 was renumbered to s. 66.0621 by 1999 Wis. Act (ab 710).

AB969, s. 104 Section 104. 229.844 (4) (c) 2., (5), (6) and (8) (a) of the statutes, as created by 1999 Wisconsin Act 65, are amended to read: