AB936: Bill Text

49.855 (3) Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93 (3), (6), and (7). When the department of revenue determines that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the obligor that the state intends to reduce any state tax refund or credit due the obligor by the amount the obligor is delinquent under the support, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, medical expenses, or birth expenses under the court order, or by the amount due under s. 46.10 (4) or 301.12 (4). The notice shall provide that within 20 days the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. Within 10 days after receiving a request for hearing under this subsection, the court shall set the matter for hearing. Pending further order by the court or a circuit court commissioner, the department of workforce development or its designee, whichever is appropriate, is prohibited from disbursing the obligor's state tax refund or credit. A circuit court commissioner may conduct the hearing. The sole issues at that hearing shall be whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld from a tax refund or credit shall be paid to the obligor or held for future support or maintenance.

AB936, s. 26 Section 26. The treatment of 49.855 (4m) (b) of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 61. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 49.855 (4m) (b) reads:

49.855 (4m) (b) The department of revenue may provide a certification that it receives under sub. (1), (2m), or (2p) to the department of administration. Upon receipt of the certification, the department of administration shall determine whether the obligor is a vendor or is receiving any other payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this chapter, or ch. 46, 108, or 301. If the department of administration determines that the obligor is a vendor or is receiving payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this chapter, or ch. 46, 108, or 301, it shall begin to withhold the amount certified from those payments and shall notify the obligor that the state intends to reduce any payments due the obligor by the amount the obligor is delinquent under the support, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, medical expenses, or birth expenses under the court order, or by the amount due under s. 46.10 (4) or 301.12 (4). The notice shall provide that within 20 days after receipt of the notice the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. An obligor may, within 20 days after receiving notice, request a hearing under this paragraph. Within 10 days after receiving a request for hearing under this paragraph, the court shall set the matter for hearing. A circuit court commissioner may conduct the hearing. Pending further order by the court or circuit court commissioner, the department of workforce development or its designee, whichever is appropriate, may not disburse the payments withheld from the obligor. The sole issues at the hearing are whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld shall be paid to the obligor or held for future support or maintenance.

AB936, s. 27 Section 27. The treatment of 59.25 (3) (f) 2. of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 56. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 1-1-03, s. 59.25 (3) (f) 2. reads:

2. For all court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 757.05 for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 938.34 (8d) for the delinquency victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts required by s. 100.261 for the consumer protection assessment, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse assessment, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by s. 349.04 for the truck driver education assessment, the amounts required by ss. 346.177, 346.495 and 346.65 (4r) for the railroad crossing improvement assessment, the amounts required by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required by s. 29.983 for the wild animal protection assessment, the amounts required by ss. 29.987 and 169.46 (1) for the natural resources assessment surcharge, the amounts required by s. 29.985 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment, and the amounts required by ss. 29.989 and 169.46 (2) for natural resources restitution payments, transmit to the state treasurer a statement of all moneys required by law to be paid on the actions entered during the preceding month on or before the first day of the next succeeding month, certified by the county treasurer's personal signature affixed or attached thereto, and at the same time pay to the state treasurer the amount thereof.

AB936, s. 28 Section 28. The treatment of 59.40 (2) (m) of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 56. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 1-1-03, s. 59.40 (2) (m) 2. reads:

(m) Pay monthly to the treasurer for the use of the state the state's percentage of the fees required to be paid on each civil action, criminal action and special proceeding filed during the preceding month and pay monthly to the treasurer for the use of the state the percentage of court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 757.05 for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 938.34 (8d) for the delinquency victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts required by s. 100.261 for the consumer protection assessment, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by s. 349.04 for the truck driver education assessment, the amounts required by ss. 346.177, 346.495 and 346.65 (4r) for the railroad crossing improvement assessment, the amounts required by s. 346.655 for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required under s. 29.983 for the wild animal protection assessment, the amounts required under s. 29.987 (1) (d) and 169.46 (1) (d) for the natural resources assessment surcharge, the amounts required by s. 29.985 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment, and the amounts required under ss. 29.989 (1) (d) and 169.46 (2) (d) for the natural resources restitution payments. The payments shall be made by the 15th day of the month following receipt thereof.

AB936, s. 29 Section 29. 59.69 (4e) (b) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB936,11,8 59.69 (4e) (b) The construction of new migrant labor camps, as defined in s. 103.90 (3), that are built on or after September 1, 2001, on property that is adjacent to a food processing plant, as defined in s. 100.03 (1) (q) 97.29 (1) (h), or on property owned by a producer of vegetables, as defined in s. 100.03 (1) (zs) 100.235 (1) (g), if the camp is located on or contiguous to property on which vegetables are produced or adjacent to land on which the producer resides.

Note: 2001 Wis. Act 16 repealed s. 100.03. The definition of "food processing plant" in s. 100.03 (1) (q) stated that the term has the meaning given in s. 97.29 (1) (h), and the actual definition is substituted. The definition of "vegetable" at s. 100.235 (1) (g) is substantively identical to the definition in s. 100.03 (1) (zs).

AB936, s. 30 Section 30. 66.0621 (5) (b) of the statutes, as affected by 2001 Wisconsin Act 30, section 36, is renumbered 66.0621 (6) (b).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).

AB936, s. 31 Section 31. The treatment of 70.111 (25) of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 30. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 70.111 (25) reads:

(25) Digital broadcasting equipment. Digital broadcasting equipment owned and used by a radio station, television station, or cable television system, as defined in s. 66.0419 (2) (d).

AB936, s. 32 Section 32. 71.05 (1) (d) of the statutes is repealed.

Note: Section 71.05 (1) (d) states: "Onetime sales tax rebate. Any amount received as a taxpayer rebate from a claim approved under s. 77.64." 2001 Wis. Act 38 repealed s. 77.64, leaving this provision without effect.

AB936, s. 33 Section 33. 77.995 (1) (a) of the statutes is amended to read:

AB936,12,4 77.995 (1) (a) Except as provided in par. (b), "limousine" means a passenger automobile that has a capacity of 10 or and fewer persons, excluding the driver; that has a minimum of 5 seats behind the driver; and that is operated for hire on an hourly basis under a prearranged contract for the transportation of passengers on public roads and highways along a route under the control of the person who hires the vehicle and not over a defined regular route.

Note: Deletes unnecessary word.

AB936, s. 34 Section 34. 90.21 (2) (a) of the statutes, as created by 2001 Wisconsin Act 56, is amended to read:

AB936,12,10 90.21 (2) (a) No person may keep farm-raised deer if any of the farm-raised deer are white-tailed deer unless all of the farm-raised deer are contained in an a fenced area for which the person holds a valid fence inspection certificate issued by the department under this section.

Note: Inserts correct article.

AB936, s. 35 Section 35. 95.71 (1) (f) of the statutes, as affected by 2001 Wisconsin Act 56, is amended to read:

AB936,12,17 95.71 (1) (f) " Animal trucker employee" means the employee of a person who holds an animal trucker license if the employee, in the name of the licensed animal trucker, operates an animal transport vehicle which is registered by the animal trucker and on which the name and the business address of the licensed animal livestock trucker are prominently displayed.

Note: Throughout 2001 Wis. Act 56 "licensed livestock trucker" was replaced with "licensed animal trucker." "Licensed" was erroneously replaced with "animal" and livestock was retained, resulting in the redundant "animal livestock trucker." "Licensed" is restored and "livestock" removed to conform the language with the remainder of the treatment by Act 56.

AB936, s. 36 Section 36. 108.02 (15) (k) 20. b. of the statutes, as created by 2001 Wisconsin Act 35, is amended to read:

AB936,13,3 108.02 (15) (k) 20. b. Respiratory care service for ventilator-dependent individuals authorized under s. 49.46 (2) (b) 6m. 6. m., for which medical assistance reimbursement is available as a covered service, provided by an individual who is certified by the department of health and family services under s. 49.45 (2) (a) 11. as a provider of respiratory care services in independent practice.

Note: Corrects cross-reference punctuation.

AB936, s. 37 Section 37. 108.05 (1) (m) (intro.) of the statutes, as created by 2001 Wisconsin Act 35, is amended to read:

AB936,13,19 108.05 (1) (m) (intro.) Each eligible employee shall be paid benefits for each week of total unemployment which that commences on or after December 30, 2001, and before December 29, 2002, at the weekly benefit rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal 4% of the employee's base period wages which that were paid during that quarter of the employee's base period in which the employee was paid the highest total wages, rounded down to the nearest whole dollar, except that, if that amount is less than the minimum amount shown in the following schedule, no benefits are payable to the employee and, if that amount is more than the maximum amount shown in the following schedule, the employee's weekly benefit rate shall be the maximum amount shown in the following schedule and except that, if the employee's benefits are exhausted during any week under s. 108.06 (1), the employee shall be paid the remaining amount of benefits payable to the employee in lieu of the amount shown in the following schedule: [See Figure 108.05 (1) (m) following]

Note: Replaces "which" with "that" to correct grammar.

AB936, s. 38 Section 38. 108.05 (1) (n) (intro.) of the statutes, as created by 2001 Wisconsin Act 35, is amended to read:

AB936,14,12 108.05 (1) (n) (intro.) Each eligible employee shall be paid benefits for each week of total unemployment which that commences on or after December 29, 2002, at the weekly benefit rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal 4% of the employee's base period wages which that were paid during that quarter of the employee's base period in which the employee was paid the highest total wages, rounded down to the nearest whole dollar, except that, if that amount is less than the minimum amount shown in the following schedule, no benefits are payable to the employee and, if that amount is more than the maximum amount shown in the following schedule, the employee's weekly benefit rate shall be the maximum amount shown in the following schedule and except that, if the employee's benefits are exhausted during any week under s. 108.06 (1), the employee shall be paid the remaining amount of benefits payable to the employee in lieu of the amount shown in the following schedule: [See Figure 108.05 (1) (n) following]

Note: Replaces "which" with "that" to correct grammar.

AB936, s. 39 Section 39. 108.14 (2e) of the statutes, as created by 2001 Wisconsin Act 35, is amended to read:

AB936,14,23 108.14 (2e) The department may provide a secure means of electronic interchange between itself and employing units, claimants, and other persons which that, upon request to and with prior approval by the department, may be used for departmental transmission or receipt of any document specified by the department that is related to the administration of this chapter in lieu of any other means of submission or receipt specified in this chapter. If a due date is established by statute for the receipt of any document that is submitted electronically to the department under this subsection, then that submission is timely only if the document is submitted by midnight of the statutory due date.

Note: Replaces "which" with "that" to correct grammar.

AB936, s. 40 Section 40. 108.152 (1) (intro.) of the statutes, as created by 2001 Wisconsin Act 35, is amended to read:

AB936,15,7 108.152 (1) (intro.) Each Indian tribe which that is an employer may, in lieu of paying contributions under ss. 108.17 and 108.18, elect reimbursement financing for itself as a whole or for any tribal units or combinations of tribal units which that are wholly owned subdivisions, subsidiaries, or business enterprises, as of the beginning of any calendar year, subject to the following conditions:

Note: Replaces "which" with "that" to correct grammar.

AB936, s. 41 Section 41. 118.02 (17) of the statutes, as created by 2001 Wisconsin Act 100, is renumbered 118.02 (17r).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2001 Wis. Acts 16 and 20 also created provisions numbered 118.02 (17).

AB936, s. 42 Section 42. 118.40 (8) of the statutes is repealed.

Note: The audits required by this provision have been completed by the legislative audit bureau and a report released.

AB936, s. 43 Section 43. 119.23 (9) of the statutes is repealed.

Note: The audits required by this provision have been completed by the legislative audit bureau and a report released.

AB936, s. 44 Section 44. The treatment of 120.13 (37) of the statutes by 2001 Wisconsin Act 98 is not repealed by 2001 Wisconsin Act .... (LRB-3698/1). Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 120.13 (37) reads:

120.13 (37) (a) Notwithstanding s. 118.33 (1), award a high school diploma to a person who meets all of the following requirements:

1. Is at least 65 years old.

2. Attended high school in the school district or attended high school in this state and resides in the school district.

3. Left high school before receiving a high school diploma to join the U.S. armed forces during a war period under s. 45.001 (5).

4. Served on active duty under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces.

(b) Award a high school diploma to a person who received a high school equivalency diploma under s. 115.29 (4) after serving on active duty under honorable conditions if the person meets the conditions of par. (a) 1. to 3.

(c) Award, upon request, a high school diploma to a person who has died, but who, before dying, satisfied the conditions of par. (a) 2. to 4.

AB936, s. 45 Section 45. 121.85 (6) (ar) 3. b. of the statutes is amended to read:

AB936,16,4 121.85 (6) (ar) 3. b. If no bonds are issued under s. 66.431 (5r) 66.1333 (5r) by the date specified in that section, subd. 2. does not apply beginning in the first fiscal year following that date.

Note: Inserts the correct cross-reference. Section 66.431 was renumbered to s. 66.1333 by 1999 Wis. Act 150.

AB936, s. 46 Section 46. The treatment of 125.33 (2s) of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 38. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 125.33 (2s) reads:

(2s) Exception for retail trade association contributions. Notwithstanding the prohibitions in sub. (1), a brewer or wholesaler may contribute money or other things of value to a bona fide national, statewide, or local trade association that derives its principal income from membership dues of Class "B" licensees.

AB936, s. 47 Section 47. The treatment of 146.82 (2) (a) 18m. of the statutes by 2001 Wisconsin Act 59 is not repealed by 2001 Wisconsin Act 69. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 146.82 (2) (a) 18m. reads:

146.82 (2) (a) 18m. If the subject of the patient health care records is a child or juvenile who has been placed in a foster home, treatment foster home, group home, residential care center for children and youth, or a secured correctional facility, including a placement under s. 48.205, 48.21, 938.205, or 938.21 or for whom placement in a foster home, treatment foster home, group home, residential care center for children and youth, or secured correctional facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the child or juvenile, or to an agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements, to the foster parent or treatment foster parent of the child or juvenile or the operator of the group home, residential care center for children and youth, or secured correctional facility in which the child or juvenile is placed, as provided in s. 48.371 or 938.371.

AB936, s. 48 Section 48. The treatment of 146.997 (1) (d) 4. of the statutes by 2001 Wisconsin Act 70 is not repealed by 2001 Wisconsin Act 89. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 4-1-04, s. 146.997 (1) (d) 4. reads:

4. A physician, podiatrist, perfusionist, physical therapist, or physical therapist assistant licensed under ch. 448.

AB936, s. 49 Section 49. The treatment of 155.01 (7) of the statutes by 2001 Wisconsin Act 70 is not repealed by 2001 Wisconsin Act 89. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 4-1-04, s. 155.01 (7) reads:

(7) "Health care provider" means a nurse licensed or permitted under ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician, physician assistant, perfusionist, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448, a person practicing Christian Science treatment, an optometrist licensed under ch. 449, a psychologist licensed under ch. 455, a partnership thereof, a corporation or limited liability company thereof that provides health care services, an operational cooperative sickness care plan organized under ss. 185.981 to 185.985 that directly provides services through salaried employees in its own facility, or a home health agency, as defined in s. 50.49 (1) (a).

AB936, s. 50 Section 50. 169.45 (2) (e) of the statutes, as created by 2001 Wisconsin Act 56, is amended to read:

AB936,17,9 169.45 (2) (e) Harmful wild animals. For a violation of s. 169.11 (2) (1) (b) or (c), a person shall be fined not less than $500 nor more than $5,000 or imprisoned for not more than 6 months or both.

Note: Inserts correct cross-reference. There is no s. 169.11 (2).

AB936, s. 51 Section 51. 169.45 (8) (b) of the statutes, as created by 2001 Wisconsin Act 56, is amended to read:

AB936,17,13 169.45 (8) (b) The 5-year period under par. (a) 2. shall be measured from the dates of the violations which that resulted in the convictions.

Note: Replaces "which" with "that" to correct grammar.

AB936, s. 52 Section 52. 178.43 (3m) of the statutes, as created by 2001 Wisconsin Act 44, is amended to read:

AB936,18,4 178.43 (3m) After the filing of a statement under sub. (2) (2m), the department shall mail a copy of the statement to the registered limited liability partnership or foreign registered limited liability partnership at the address provided under sub. (2) (2m) (c) or (d).

Note: Inserts correct cross-references.

AB936, s. 53 Section 53. 179.77 (2) (b) of the statutes, as created by 2001 Wisconsin Act 44, is amended to read:

AB936,18,10 179.77 (2) (b) The manner and basis of converting the interests in each business entity that is a party to the merger into shares, interests , obligations, or other securities of the surviving business entity or any other business entity or into cash or other property in whole or in part.

Note: Inserts comma.

AB936, s. 54 Section 54. 180.1106 (1) (b) of the statutes, as affected by 2001 Wisconsin Act 44, is amended to read:

AB936,18,20 180.1106 (1) (b) The title to all property owned by each business entity that is party to the merger is vested in the surviving business entity without reversion or impairment, provided that, if a merging business entity has an interest in real estate in Wisconsin on the date of the merger, the merging business entity shall transfer that interest to the business entity surviving the merger and shall execute any real estate transfer return required under s. 77.22. The business entity surviving the merger shall promptly record the instrument of conveyance under s. 59.43 in the office of the register of deeds for each county in which the real estate is located.