AB935, s. 49
4Section
49. 49.175 (1) (zh) 1. and 2. (title) of the statutes are repealed.
Note: 2001 Wis. Act 16, section
1711b, states that it amends s. 49.175 (1) (zh), but
it treats only s. 49.175 (1) (zh) 2. Drafting records indicate that s. 49.175 (1) (zh) 1. and
2. (title) were intended to be repealed, as s. 49.175 (1) (zh) 1. is obsolete, and that subd.
2. was to be renumbered to par. (zh), rendering the subd. 2. title unnecessary. See also
the treatment of
2001 Wis. Act 16, s.
1711b by
Section 131 of this bill.
AB935,18,117
49.45
(2) (a) 3. Determine the eligibility of persons for medical assistance,
8rehabilitative, and social services under ss. 49.46, 49.468, and 49.47 and rules and
9policies adopted by the department and shall, under a contract under s. 49.33 (2)
(a),
10designate this function to the county department under s. 46.215, 46.22, or 46.23 or
11a tribal governing body.
Note: Corrects cross-reference. Effective July 1, 2002, s. 49.33 (2) is repealed and
recreated and no longer is divided into paragraphs, although the subject matter remains
the same.
AB935,19,714
49.45
(2) (a) 12. a. Decertify a provider from or restrict a provider's participation
15in the medical assistance program, if after giving reasonable notice and opportunity
16for hearing the department finds that the provider has violated a federal statute or
17regulation or a state statute or administrative rule and the violation is
, by statute,
18regulation, or rule
, grounds for decertification or restriction. The department shall
19suspend the provider pending the hearing under this subdivision if the department
1includes in its decertification notice findings that the provider's continued
2participation in the medical assistance program pending hearing is likely to lead to
3the irretrievable loss of public funds and is unnecessary to provide adequate access
4to services to medical assistance recipients. As soon as practicable after the hearing,
5the department shall issue a written decision. No payment may be made under the
6medical assistance program with respect to any service or item furnished by the
7provider subsequent to decertification or during the period of suspension.
Note: Inserts commas for improved grammar.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). A provision
numbered s. 49.45 (2) (a) 24. existed prior to
2001 Wisconsin Act 16.
AB935,20,912
49.45
(2) (b) 9. After providing reasonable notice and opportunity for a hearing,
13charge an assessment to a provider that repeatedly has been subject to recoveries
14under par. (a) 10. a. because of the provider's failure to follow identical or similar
15billing procedures or to follow other identical or similar program requirements. The
16assessment shall be used to defray in part the costs of audits and investigations by
17the department under sub. (3) (g) and may not exceed $1,000 or 200% of the amount
18of any such repeated recovery made, whichever is greater. The provider shall pay the
19assessment to the department within 10 days after receipt of notice of the assessment
20or the final decision after administrative hearing, whichever is later. The
21department may recover any part of an assessment not timely paid by offsetting the
22assessment against any medical assistance payment owed to the provider and may
23refer any
such unpaid assessments not collected in this manner to the attorney
1general, who may proceed with collection under this subdivision. Failure to timely
2pay in any manner an assessment charged under this subdivision, other than an
3assessment that is offset against any medical assistance payment owed to the
4provider, is grounds for decertification under
subd.
par. (a) 12. A provider's payment
5of an assessment does not relieve the provider of any other legal liability incurred in
6connection with the recovery for which the assessment is charged, but is not evidence
7of violation of a statute or rule. The department shall credit all assessments received
8under this subdivision to the appropriation account under s. 20.435 (4) (iL). The
9department shall promulgate rules to implement this subdivision.
Note: Inserts correct cross-reference. There is no s. 49.45 (2) (b) 12. Section 49.45
(2) (a) 12. relates to decertification. Removes unneeded "such."
AB935,20,1612
49.473
(3) (intro.) Prior to applying to the department or a county department
13for medical assistance, a woman is eligible for medical assistance as provided under
14sub. (5) beginning on the date on which a qualified entity determines, on the basis
15of preliminary information, that the
women woman meets the requirements
16specified in sub. (2) and ending on one of the following dates:
Note: Inserts correct word form.
AB935,21,1119
51.13
(4) (g) (intro.) If the court finds that the minor is in need of psychiatric
20services or services for developmental disability, alcoholism, or drug abuse in an
21inpatient facility, that the inpatient facility to which the minor is admitted offers
22therapy or treatment that is appropriate for the minor's needs and that is the least
23restrictive therapy or treatment consistent with the minor's needs, and, in the case
1of a minor
aged 14
years of age or older
, who is being admitted for the primary
2purpose of treatment for mental illness or developmental disability, that the
3application is voluntary on the part of the minor, the court shall permit voluntary
4admission. If the court finds that the therapy or treatment in the inpatient facility
5to which the minor is admitted is not appropriate or is not the least restrictive
6therapy or treatment consistent with the minor's needs, the court may order
7placement in or transfer to another more appropriate or less restrictive inpatient
8facility, except that the court may not permit or order placement in or transfer to the
9northern or southern centers for the developmentally disabled of a minor unless the
10department gives approval for the placement or transfer, and if the order of the court
11is approved by all of the following if applicable:
Note: 2001 Wis. Act 16 deleted the stricken comma without showing it as stricken.
The change was intended. Inserts "years of age" and removes "aged" for internal
consistency.
AB935, s. 56
12Section
56. 51.13 (4) (g) 1. of the statutes is amended to read:
AB935,21,1513
51.13
(4) (g) 1. The minor if he or she is
aged 14
years of age or older and is being
14admitted for the primary purpose of treatment for mental illness or developmental
15disability.
Note: Inserts "years of age" and removes "aged" for internal consistency.
AB935,22,1718
51.61
(6) Subject to the rights of patients provided under this chapter, the
19department, county departments under s. 51.42 or 51.437, and any agency providing
20services under an agreement with the department or those county departments have
21the right to use customary and usual treatment techniques and procedures in a
22reasonable and appropriate manner in the treatment of patients who are receiving
1services under the mental health system, for the purpose of ameliorating the
2conditions for which the patients were admitted to the system. The written,
3informed consent of any patient shall first be obtained, unless the person has been
4found not competent to refuse medication and treatment under s. 51.61 (1) (g) or the
5person is a minor 14 years
of age or older who is receiving services for alcoholism or
6drug abuse or a minor under 14 years of age who is receiving services for mental
7illness, developmental disability, alcoholism, or drug abuse. In the case of a minor,
8the written, informed consent of the parent or guardian is required, except as
9provided under an order issued under s. 51.13 (1) (c) or 51.14 (3) (h) or (4) (g). If the
10minor is 14 years of age or older and is receiving services for mental illness or
11developmental disability, the written, informed consent of the minor and the minor's
12parent or guardian is required. A refusal of either a minor 14 years of age or older
13or the minor's parent or guardian to provide written, informed consent for admission
14to an approved inpatient treatment facility is reviewable under s. 51.13 (1) (c) 1. and
15a refusal of either a minor 14 years of age or older or the minor's parent or guardian
16to provide written, informed consent for outpatient mental health treatment is
17reviewable under s. 51.14.
Note: Inserts "of age" for improved clarity and internal consistency.
AB935,23,520
59.52
(11) (c)
Employee insurance. Provide for individual or group hospital,
21surgical and life insurance for county officers and employees and for payment of
22premiums for
such county officers and employees. A county with at least 100
23employees may elect to provide health care benefits on a self-insured basis to its
24officers and employees. A county and one or more cities, villages, towns, or other
1counties
, that together have at least 100 employees
, may jointly provide health care
2benefits to their officers and employees on a self-insured basis. Counties
which that 3elect to provide health care benefits on a self-insured basis to their officers and
4employees shall be subject to the requirements set forth under s. 120.13 (2) (c) to (e)
5and (g).
Note: Deletes commas, inserts a specific reference, and replaces "which" with
"that" to improve grammar.
Note: There is no conflict of substance. As merged, effective 9-1-03, s. 59.72 (3)
reads:
(3) Land information office. The board may establish a separate county land
information office or may direct that an office be established within an existing
department, board, commission, agency, institution, authority or office. If the board
establishes a county land information office, the office shall coordinate land information
projects within the county, between the county and local governmental units, between the
state and local governmental units and among local governmental units, the federal
government and the private sector. If the board establishes a land information office, the
board shall, within 2 years after the land information office is established, develop a
countywide plan for land records modernization.
AB935, s. 60
8Section
60. 66.1015 (2) (intro.) of the statutes is amended to read:
AB935,23,119
66.1015
(2) (intro.) This section does not prohibit a city, village, town, county
, 10or housing authority or the Wisconsin
housing Housing and
economic development
11authority Economic Development Authority from doing any of the following:
Note: Capitalizes title consistent with current style.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2001 Wis. Act
5 also created an s. 66.1105 (5) (bg).
AB935, s. 62
14Section
62. 66.1107 (2) (a) of the statutes is amended to read:
AB935,24,715
66.1107
(2) (a) Holding of a public hearing by the planning commission or by
16the local governing body at which interested parties are afforded a reasonable
1opportunity to express their views on the proposed designation and boundaries of a
2reinvestment neighborhood or area. Notice of the hearing shall be published as a
3class 2 notice, under ch. 985. Before publication, a copy of the notice shall be sent
4by 1st class mail to the Wisconsin
housing Housing and
economic development
5authority Economic Development Authority, and a copy shall be posted in each school
6building and in at least 3 other places of public assembly within the reinvestment
7neighborhood or area proposed to be designated.
Note: Capitalizes authority title consistent with current style.
AB935, s. 63
8Section
63. 66.1201 (16) (a) of the statutes is amended to read:
AB935,24,119
66.1201
(16) (a) In this subsection, "government" includes the Wisconsin
10housing Housing and
economic development authority Economic Development
11Authority.
Note: Capitalizes authority title consistent with current style.
AB935, s. 64
12Section
64. 66.1205 (3) of the statutes is amended to read:
AB935,24,1613
66.1205
(3) Subsection (1) (a) and (c) does not apply in the case of housing
14projects to the financing of which the Wisconsin
housing Housing and
economic
15development authority Economic Development Authority is a party, as to which ch.
16234 shall be controlling.
Note: Capitalizes authority title consistent with current style.
AB935, s. 65
17Section
65. 66.1213 (7) (b) of the statutes is amended to read:
AB935,24,2018
66.1213
(7) (b) As set down by the Wisconsin
housing Housing and
economic
19development authority Economic Development Authority in accordance with ch. 234
20in the case of housing projects to the financing of which it is a party.
Note: Capitalizes authority title consistent with current style.
AB935, s. 66
21Section
66. 71.05 (1) (c) 1. of the statutes is amended to read:
AB935,25,4
171.05
(1) (c) 1. The Wisconsin
housing Housing and
economic development
2authority Economic Development Authority under s. 234.65, if the bonds are used
3to fund an economic development loan to finance construction, renovation
, or
4development of property that would be exempt under s. 70.11 (36).
Note: Capitalizes authority title consistent with current style.
AB935, s. 67
5Section
67. 71.05 (1) (c) 2. of the statutes is amended to read:
AB935,25,86
71.05
(1) (c) 2. The Wisconsin
housing
Housing and
economic development
7authority Economic Development Authority, if the bonds are to fund a loan under s.
8234.935, 1997 stats.
Note: Capitalizes authority title consistent with current style.
AB935,25,1711
73.03
(35) To deny a portion of a credit claimed under s. 71.07 (2dd), (2de), (2di),
12(2dj), (2dL), (2dm), (2dr), (2ds)
, or (2dx), 71.28 (1dd), (1de), (1di), (1dj),
(1dL), (1dm),
13(1dL), (1ds), (1dx), or (4) (am)
, or 71.47 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds),
14(1dx), or (4) (am) if granting the full amount claimed would violate a requirement
15under s. 560.785 or would bring the total of the credits granted to that claimant under
16all of those subsections over the limit for that claimant under s. 560.768, 560.795 (2)
17(b)
, or 560.797 (5) (b).
Note: 2001 Wis. Act 16 inserted the underscored comma after "560.795 (2) (b)"
without showing it as underscored. The change was intended. Reorders subsection
cross-reference to be in correct numeric order.
AB935,27,1320
77.52
(2) (a) 10. Except for installing or applying tangible personal property
21which, when installed or applied, will constitute an addition or capital improvement
22of real property, the repair, service, alteration, fitting, cleaning, painting, coating,
1towing, inspection
, and maintenance of all items of tangible personal property
2unless, at the time of such repair, service, alteration, fitting, cleaning, painting,
3coating, towing, inspection
, or maintenance, a sale in this state of the type of property
4repaired, serviced, altered, fitted, cleaned, painted, coated, towed, inspected
, or
5maintained would have been exempt to the customer from sales taxation under this
6subchapter, other than the exempt sale of a motor vehicle or truck body to a
7nonresident under s. 77.54 (5) (a) and other than nontaxable sales under s. 77.51
8(14r). For purposes of this paragraph, the following items shall be
deemed 9considered to have retained their character as tangible personal property, regardless
10of the extent to which any such item is fastened to, connected with
, or built into real
11property: furnaces, boilers, stoves, ovens, including associated hoods and exhaust
12systems, heaters, air conditioners, humidifiers, dehumidifiers, refrigerators,
13coolers, freezers, water pumps, water heaters, water conditioners and softeners,
14clothes washers, clothes dryers, dishwashers, garbage disposal units, radios and
15radio antennas, incinerators, television receivers and antennas, record players, tape
16players, jukeboxes, vacuum cleaners, furniture and furnishings, carpeting and rugs,
17bathroom fixtures, sinks, awnings, blinds, gas and electric logs, heat lamps,
18electronic dust collectors, grills and rotisseries, bar equipment, intercoms,
19recreational, sporting, gymnasium and athletic goods and equipment including by
20way of illustration but not of limitation bowling alleys, golf practice equipment, pool
21tables, punching bags, ski tows
, and swimming pools; equipment in offices, business
22facilities, schools, and hospitals but not in residential facilities including personal
23residences, apartments, long-term care facilities, as defined under s. 16.009 (1) (em),
24state institutions, as defined under s. 101.123 (1) (i), or similar facilities
, including
, 25by way of illustration but not of limitation
, lamps, chandeliers, and fans, venetian
1blinds, canvas awnings, office and business machines, ice and milk dispensers,
2beverage-making equipment, vending machines, soda fountains, steam warmers
3and tables, compressors, condensing units and evaporative condensers, pneumatic
4conveying systems; laundry, dry cleaning, and pressing machines, power tools,
5burglar alarm and fire alarm fixtures, electric clocks
, and electric signs. "Service"
6does not include services performed by veterinarians. The tax imposed under this
7subsection applies to the repair, service, alteration, fitting, cleaning, painting,
8coating, towing, inspection, or maintenance of items listed in this subdivision,
9regardless of whether the installation or application of tangible personal property
10related to the items is an addition to or a capital improvement of real property, except
11that the tax imposed under this subsection does not apply to the original installation
12or the complete replacement of an item listed in this subdivision, if such installation
13or replacement is a real property construction activity under s. 77.51 (2).
Note: 2001 Wis. Act 16 inserted the stricken comma without showing it as
underscored. No change was intended. The underscored commas are added to improve
grammar. Replaces disfavored term.
AB935,29,916
77.52
(2) (a) 10. Except for installing or applying tangible personal property
17which, when installed or applied, will constitute an addition or capital improvement
18of real property, the repair, service, alteration, fitting, cleaning, painting, coating,
19towing, inspection
, and maintenance of all items of tangible personal property
20unless, at the time of such repair, service, alteration, fitting, cleaning, painting,
21coating, towing, inspection
, or maintenance, a sale in this state of the type of property
22repaired, serviced, altered, fitted, cleaned, painted, coated, towed, inspected
, or
23maintained would have been exempt to the customer from sales taxation under this
1subchapter, other than the exempt sale of a motor vehicle or truck body to a
2nonresident under s. 77.54 (5) (a) and other than nontaxable sales under s. 77.51
3(14r). For purposes of this paragraph, the following items shall be
deemed 4considered to have retained their character as tangible personal property, regardless
5of the extent to which any such item is fastened to, connected with
, or built into real
6property: furnaces, boilers, stoves, ovens, including associated hoods and exhaust
7systems, heaters, air conditioners, humidifiers, dehumidifiers, refrigerators,
8coolers, freezers, water pumps, water heaters, water conditioners and softeners,
9clothes washers, clothes dryers, dishwashers, garbage disposal units, radios and
10radio antennas, incinerators, television receivers and antennas, record players, tape
11players, jukeboxes, vacuum cleaners, furniture and furnishings, carpeting and rugs,
12bathroom fixtures, sinks, awnings, blinds, gas and electric logs, heat lamps,
13electronic dust collectors, grills and rotisseries, bar equipment, intercoms,
14recreational, sporting, gymnasium and athletic goods and equipment including by
15way of illustration but not of limitation bowling alleys, golf practice equipment, pool
16tables, punching bags, ski tows
, and swimming pools; equipment in offices, business
17facilities, schools and hospitals but not in residential facilities including personal
18residences, apartments, long-term care facilities, as defined under s. 16.009 (1) (em),
19state institutions, as defined under s. 101.123 (1) (i), Type 1 secured correctional
20facilities, as defined in s. 938.02 (19), or similar facilities
, including
, by way of
21illustration but not of limitation
, lamps, chandeliers, and fans, venetian blinds,
22canvas awnings, office and business machines, ice and milk dispensers,
23beverage-making equipment, vending machines, soda fountains, steam warmers
24and tables, compressors, condensing units and evaporative condensers, pneumatic
25conveying systems; laundry, dry cleaning, and pressing machines, power tools,
1burglar alarm and fire alarm fixtures, electric clocks and electric signs. "Service"
2does not include services performed by veterinarians. The tax imposed under this
3subsection applies to the repair, service, alteration, fitting, cleaning, painting,
4coating, towing, inspection, or maintenance of items listed in this subdivision,
5regardless of whether the installation or application of tangible personal property
6related to the items is an addition to or a capital improvement of real property, except
7that the tax imposed under this subsection does not apply to the original installation
8or the complete replacement of an item listed in this subdivision, if such installation
9or replacement is a real property construction activity under s. 77.51 (2).
Note: 2001 Wis. Act 16 inserted the stricken comma without showing it as
underscored. No change was intended. The underscored commas are added for improved
grammar. Replaces disfavored term.
AB935,30,312
84.072
(4) Requirements of certified businesses. A business certified as a
13disadvantaged business shall, within 30 days after a change in the business's size,
14disadvantaged status, ownership
, or control that could preclude its certification as
15a disadvantaged business under
49 CFR 26, notify the department of
such that 16change by sworn and notarized statement. A business certified as a disadvantaged
17business shall submit annually to the department a sworn, notarized statement
18attesting that there have been no changes to
the business's size, disadvantaged
19status, ownership
, or control, or
its gross receipts, that would preclude its
20certification as a disadvantaged business under
49 CFR 26. The notice shall include
21a statement that the business meets the size and gross receipts criteria for
22certification
, and shall include documentary evidence supporting that statement.
23The department shall remove the certification of any disadvantaged business that
1fails to provide the statement within 13 months after certification under this section,
2or within 13 months after it last submitted to the department the information
3required under this subsection, whichever is later.
Note: Replaces disfavored term and inserts article and "its" to improve grammar
and clarity.
Note: Confirms renumbering by the Revisor under s. 13.93 (1) (b). In the Wisconsin
statutory numbering system, ss. 84.104 and 84.1040 are equivalent. Section 84.104 was
previously existing.
AB935, s. 73
6Section
73. 85.25 (2) (a) of the statutes is amended to read:
AB935,30,117
85.25
(2) (a) "Business development organization" means the Wisconsin
8housing Housing and
economic development authority Economic Development
9Authority under s. 234.02 or any private organization
which that prepares business
10and loan plans for and provides other financial, management
, and technical
11assistance to disadvantaged businesses.
Note: Capitalizes authority title consistent with current style.
AB935, s. 74
12Section
74. 93.23 (1) (i) of the statutes is amended to read:
AB935,30,2113
93.23
(1) (i) Incorporated dairy or livestock associations, upon substantial
14compliance with pars. (a) to
(h) (g), shall be entitled to the state aid therein provided
15for upon premiums paid for dairy products or livestock or upon articles pertaining
16to the production or manufacture of such products or the raising of such livestock,
17in any county in which no annual fair is held by any organized agricultural society,
18association
, or board. State aid shall be paid to but one such dairy or livestock
19association in any one county. All moneys received by any such association shall be
20paid out by it for the premiums provided for in this subsection substantially as
21provided in sub. (2).
AB935,31,73
106.215
(10) (g) 3. The education voucher is valid for 4 years after the date of
4issuance for the payment of tuition and required program activity fees at any
5institution of higher education, as defined in
20 USC 1002, that accepts the voucher
,
6and the. The board shall authorize payment to the institution of face value of the
7voucher upon presentment.
Note: 2001 Wis. Act 16 inserted the stricken comma without showing it as
underscored. The inserted comma is replaced with a period and the sentence divided to
improve sentence structure and readability.
AB935,32,510
111.815
(1) In the furtherance of this subchapter, the state shall be considered
11as a single employer and employment relations policies and practices throughout the
12state service shall be as consistent as practicable. The department shall negotiate
13and administer collective bargaining agreements. To coordinate the employer
14position in the negotiation of agreements, the department shall maintain close
15liaison with the legislature relative to the negotiation of agreements and the fiscal
16ramifications
thereof of those agreements. Except with respect to the collective
17bargaining units specified in s. 111.825 (1m) and (2) (f), the department is responsible
18for the employer functions of the executive branch under this subchapter, and shall
19coordinate its collective bargaining activities with operating state agencies on
20matters of agency concern. The legislative branch shall act upon those portions of
21tentative agreements negotiated by the department
which that require legislative
22action. With respect to the collective bargaining units specified in s. 111.825 (1m),
1the University of Wisconsin Hospitals and Clinics Board is responsible for the
2employer functions under this subchapter. With respect to the collective bargaining
3unit specified in s. 111.825 (2) (f), the governing board of the charter school
4established by contract under s. 118.40 (2r) (cm)
1. is responsible for the employer
5functions under this subchapter.
Note: Section 118.40 (2r) (cm) is not subdivided. Inserts a specific reference.
AB935, s. 77
6Section
77. 115.882 of the statutes is amended to read:
AB935,32,12
7115.882 Payment of state aid. Funds appropriated under s. 20.255 (2) (b)
8shall be used first for the purpose of s. 115.88 (4). Costs eligible for reimbursement
9from the
appropriations appropriation under s. 20.255 (2) (b)
and (br) under ss.
10115.88 (1m) to (3), (6) and (8), 115.93
, and 118.255 (4) shall be reimbursed at a rate
11set to distribute the full amount appropriated for reimbursement for
such the costs,
12not to exceed 100%.
Note: Section 20.255 (2) (br) was repealed by
2001 Wis. Act 16. Replaces
disfavored term.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2001 Wis. Act
16 also created a provision numbered s. 118.02 (17).
Note: There is no conflict of substance. As merged, s. 118.51 (3) (a) 1. reads:
1. The parent of a pupil who wishes to attend a public school in a nonresident
school district under this section shall submit an application, on a form provided by the
department under sub. (15) (a), to the school board of the nonresident school district that
the pupil wishes to attend, not earlier than the first Monday in February and not later
than the 3rd Friday following the first Monday in February of the school year
immediately preceding the school year in which the pupil wishes to attend. Applications
may be submitted to no more than 3 nonresident school boards in any school year. On the
4th Monday in February, the nonresident school board shall send a copy of the application
to the pupil's resident school board and the department. The application may include a
request to attend a specific school or program offered by the nonresident school district.
AB935, s. 80
1Section
80. 119.82 (1) (a) 3. of the statutes is amended to read: