SB558, s. 12
17Section
12. 16.84 (2) of the statutes is amended to read:
SB558,7,1618
16.84
(2) Appoint such number of police officers as is necessary to safeguard
19all public property placed by law in the department's charge, and provide, by
1agreement with any other state agency, police and security services at buildings and
2facilities owned, controlled
, or occupied by the other state agency. The governor or
3the department may, to the extent it is necessary, authorize police officers employed
4by the department to safeguard state officers, state employees
, or other persons. A
5police officer who is employed by the department and who is performing duties that
6are within the scope of his or her employment as a police officer has the powers of a
7peace officer under s.
59.24 59.28, except that the officer has the arrest powers of a
8law enforcement officer under s. 968.07 regardless of whether the violation is
9punishable by forfeiture or criminal penalty. The officer may exercise the powers of
10a peace officer and the arrest powers of a law enforcement officer while located
11anywhere within this state. Nothing in this subsection limits or impairs the duty of
12the chief and each police officer of the police force of the municipality in which the
13property is located to arrest and take before the proper court or magistrate persons
14found in a state of intoxication or engaged in any disturbance of the peace or violating
15any state law in the municipality in which the property is located, as required by s.
1662.09 (13).
Note: Section 16.84 (2) was amended by
1995 Wis. Act 174 to add the
cross-reference to s. 59.24.
1995 Wis. Act 201 renumbered s. 59.24 to s. 59.28 without
taking Act 174 into account.
SB558, s. 13
17Section
13. 20.285 (1) (c) of the statutes is amended to read:
SB558,8,218
20.285
(1) (c)
Energy costs. The amounts in the schedule to pay for utilities and
19for fuel, heat, and air conditioning, and to pay costs incurred under ss. 16.858 and
2016.895, including all operating costs recommended by the department of
21administration that result from the installation of pollution abatement equipment
22in state-owned or operated heating, cooling, or power plants, by or on behalf of the
23board of regents, and including the cost of purchasing electricity, steam, and chilled
1water generated by the cogeneration facility constructed pursuant to an agreement
2under
2001 Wisconsin Act 109, section
9156 (2z)
(b)
(g).
SB558,8,105
20.370
(1) (mu)
General program operations — state funds. The amounts in
6the schedule for general program operations that do not relate to the management
7and protection of the state's fishery resources under ss. 23.09 to 23.11, 27.01, 30.203,
830.277, and 90.21, subch. VI of ch. 77 and chs. 26, 28, 29, and 169, to provide funding
9under
2001 Wisconsin Act 16 109, section
9137 (1w), and for transfers to the
10appropriation account under s. 20.285 (1) (kf).
Note: There is no conflict of substance. As merged by the revisor effective July 1,
2003, s. 20.370 (1) (mu) reads:
(mu) General program operations — state funds. The amounts in the schedule for
general program operations that do not relate to the management and protection of the
state's fishery resources under ss. 23.09 to 23.11, 27.01, 30.203, 30.277, and 90.21, subch.
VI of ch. 77 and chs. 26, 28, 29, and 169 and for transfers to the appropriation account
under s. 20.285 (1) (kf).
SB558, s. 16
14Section
16. 25.61 of the statutes is amended to read:
SB558,8,19
1525.61 VendorNet fund. There is created a separate nonlapsible trust fund
16designated as the VendorNet fund consisting of all revenues accruing to the state
17from fees assessed under
ss. s. 16.701
and 16.702 (1) and from gifts, grants, and
18bequests made for the purposes of
ss. s. 16.701
and 16.702 (1) and moneys transferred
19to the fund from other funds.
Note: There is no s. 16.702 (1).
SB558, s. 17
1Section
17. 26.145 (2m) of the statutes is amended to read:
SB558,9,82
26.145
(2m) Effect of other financial assistance. The department may
3consider any cost
which that has been or will be paid or reimbursed from moneys
4received under another federal or state financial assistance program as an ineligible
5cost for the purposes of calculating the amount of a grant under sub. (1), except that
6the department shall consider any cost that has been or will be paid or reimbursed
7from moneys received under s. 101.573 (3) as an eligible cost for the purposes of
8calculating the amount of a grant under sub. (1).
Note: Replaces "which" with "that" to correct grammar.
SB558, s. 18
9Section
18. 29.182 (4m) of the statutes is amended to read:
SB558,9,1410
29.182
(4m) Limitation of one license. A person may be issued, or transferred
11under
par. sub. (4) (g), only one resident elk hunting license in his or her lifetime, and
12the resident elk hunting license shall be valid for only one elk hunting season. The
13issuance, or transfer under
par. sub. (4) (g), of the license to the person is subject to
14s. 29.024 (2g).
Note: Inserts correct cross-reference. There is no s. 29.182 (4m) (g).
Note: There is no conflict of substance. As merged by the revisor s. 29.347 (2)
reads:
(2) Deer or elk carcass tags. Except as provided under sub. (5) and s. 29.324 (3),
any person who kills a deer shall immediately attach to the ear or antler of the deer a
current validated deer carcass tag which is authorized for use on the type of deer killed.
Any person who kills an elk shall immediately attach to the ear or antler of the elk a
current validated elk carcass tag. Except as provided under sub. (2m) or s. 29.89 (6), no
person may possess, control, store, or transport a deer carcass unless it is tagged as
required under this subsection. Except as provided under sub. (2m), no person may
possess, control, store, or transport an elk carcass unless it is tagged as required under
this subsection. A person who kills a deer or elk shall register the deer or elk in the
manner required by the department. The carcass tag may not be removed before
registration. The removal of a carcass tag from a deer or elk before registration renders
the deer or elk untagged.
SB558, s. 20
1Section
20. 30.12 (3) (a) 6. of the statutes is amended to read:
SB558,10,72
30.12
(3) (a) 6. Place a permanent boat shelter adjacent to the owner's property
3for the purpose of storing or protecting watercraft and associated materials, except
4that no permit may be granted for a permanent boat shelter
which that is constructed
5after May 3, 1988, if the property on which the permanent boat shelter is to be located
6also contains a boathouse within 75 feet of the ordinary high-water mark
of or if
7there is a boathouse over navigable waters adjacent to the owner's property.
Note: Corrects an error in transcribing
1987 Wis. Act 374. Replaces "which" with
"that" to correct grammar.
SB558, s. 21
8Section
21. 45.43 (1) (a) of the statutes is amended to read:
SB558,10,149
45.43
(1) (a) Except as provided under par. (b), the county board shall elect a
10county veterans' service officer who shall be a Wisconsin resident who served on
11active duty, other than active duty for training, under honorable conditions in the
12U.S. armed forces or in forces incorporated as part of the U.S. armed forces and who
13meets at least one of the conditions listed in s.
45.35 (5) 45.001 (4) (a) 1. a. to d. and
14at least one of the conditions listed in s.
45.35 (5)
45.001 (4) (a) 2. a. to c.
SB558, s. 22
15Section
22. 48.356 (1) of the statutes is amended to read:
SB558,11,216
48.356
(1) Whenever the court orders a child to be placed outside his or her
17home, orders an expectant mother of an unborn child to be placed outside of her home
18or denies a parent visitation because the child or unborn child has been adjudged to
19be in need of protection or services under s. 48.345, 48.347
, 48.357, 48.363 or 48.365,
20the court shall orally inform the parent or parents who appear in court or the
21expectant mother who appears in court of any grounds for termination of parental
22rights under s. 48.415 which may be applicable and of the conditions necessary for
1the child or expectant mother to be returned to the home or for the parent to be
2granted visitation.
Note: Inserts missing comma.
SB558,11,105
48.685
(5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 125.075 (1),
6125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5),
7or (6), 940.20, 940.203, 940.205, 940.207, or
940.025
940.25, a violation of s. 346.63
8(1), (2), (5), or (6) that is a felony under s. 346.65 (2) (e) or (f), (2j) (d)
, or (3m), or an
9offense under ch. 961 that is a felony, if committed not more than 5 years before the
10date of the investigation under sub. (2) (am).
Note: Inserts correct cross-reference.
2001 Wis. Act 109, section
113x, created the
cross-reference as section 940.25.
2001 Wis. Act 109, section
114b, changed it to section
940.025 without strikes and underscores. No change was intended. There is no s.
940.025. Inserts comma that
2001 Wis. Act 109, section
113x, inserted.
2001 Wis. Act
109, section
114b, deleted it without strikes and underscores. No change was intended.
SB558, s. 24
11Section
24
. 48.981 (2) (a) (intro.) of the statutes is amended to read:
SB558,11,1712
48.981
(2) (a) (intro.)
, group home, as described in s. 48.625 (1m), Any of the
13following persons who has reasonable cause to suspect that a child seen by the person
14in the course of professional duties has been abused or neglected or who has reason
15to believe that a child seen by the person in the course of professional duties has been
16threatened with abuse or neglect and that abuse or neglect of the child will occur
17shall, except as provided under sub. (2m), report as provided in sub. (3):
Note: The stricken language was inserted into s. 48.981 (2) by
2001 Wis. Act 69.
2001 Wis. Act 103, a revisor's revision bill, renumbered s. 48.981 (2) to be s. 48.981 (2) (a)
(intro.), deleted previously existing text from s. 48.981 (2) (a) (intro.), as renumbered, and
recreated it as s. 48.981 (2) (a) 1. to 29., but the treatment of s. 48.981 (2) (a) by Act 69
was not taken into account by Act 103. See also
Sections 25 and 26 of this bill.
SB558, s. 25
18Section
25
. 48.981 (2) (a) 18. of the statutes is amended to read:
SB558,12,2
148.981
(2) (a) 18. A child-care worker in a day care center
, group home, as
2described in s. 48.625 (1m), or residential care center for children and youth.
Note: The underscored language was inserted into s. 48.981 (2) by
2001 Wis. Act
69.
2001 Wis. Act 103, a revisor's revision bill, renumbered s. 48.981 (2) to be s. 48.981
(2) (a) (intro.), deleted the plain text shown above from s. 48.981 (2) (a) (intro.), as
renumbered, and recreated it as s. 48.981 (2) (a) 18., but the treatment of s. 48.981 (2) (a)
by Act 69 was not taken into account by Act 103. See also
Section 24 of this bill.
SB558, s. 26
3Section
26
. 48.981 (2) (a) 22m. of the statutes is created to read:
SB558,12,44
48.981
(2) (a) 22m. A physical therapist assistant.
Note:
2001 Wis. Act 70, section
2, created the term "physical therapist assistant"
effective 4-1-04.
2001 Wis. Act 103, a revisor's revision bill, renumbered s. 48.981 (2) to
be s. 48.981 (2) (a) (intro.), deleted affected professions from s. 48.981 (2) (a) (intro.), as
renumbered, and recreated them in a list as s. 48.981 (2) (a) 1. to 29., but the treatment
of s. 48.981 (2) by Act 70 was not taken into account by Act 103 and was not included.
See also
Section 107 of this bill, which repeals the Act 70 treatment. This section inserts
the term within the framework created by Act 103.
SB558, s. 27
5Section
27. 49.175 (1) (z) of the statutes is amended to read:
SB558,12,106
49.175
(1) (z)
Community youth grant. For a competitive grant program
7administered by the department to fund programs that improve social, academic
, 8and employment skills of youth who are eligible to receive temporary assistance for
9needy families under
42 USC 601 et seq., $7,829,700 in fiscal year 2001-02 and
10$300,000
in fiscal year 2002-03.
Note: 2001 Wis. Act 109 deleted the underscored comma without showing it as
stricken. The deletion was unintended. Inserts missing word.
SB558, s. 28
11Section
28. 49.175 (1) (zh) 2. of the statutes is renumbered 49.175 (1) (zh).
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Eliminates
unnecessary subdivision designation. This provision is not subdivided.
SB558, s. 29
12Section
29. 49.45 (7) (a) of the statutes is amended to read:
SB558,13,413
49.45
(7) (a) A recipient who is a patient in a public medical institution or an
14accommodated person and has a monthly income exceeding the payment rates
15established under
42 USC 1382 (e) may retain $45 unearned income or the amount
16of any pension paid under
38 USC 3203 (f)
5503 (d), whichever is greater, per month
1for personal needs. Except as provided in s. 49.455 (4) (a), the recipient shall apply
2income in excess of $45 or the amount of any pension paid under
38 USC 3203 (f)
5503
3(d), whichever is greater, less any amount deducted under rules promulgated by the
4department, toward the cost of care in the facility.
Note: Inserts the correct cross-reference.
SB558, s. 30
5Section
30. 49.45 (49) (a) (intro.) of the statutes is amended to read:
SB558,13,106
49.45
(49) (a) (intro.) The secretary shall exercise his or her authority under
7s. 15.04 (1) (c) to create a prescription drug prior authorization committee to advise
8the department on issues related to prior authorization decisions made concerning
9presciption prescription drugs on behalf of medical assistance recipients. The
10secretary shall appoint as members at least all of the following:
Note: Corrects spelling.
SB558, s. 31
11Section
31. 59.20 (3) (c) of the statutes is amended to read:
SB558,13,2012
59.20
(3) (c) Any board may by ordinance provide that the
cut-off cutoff 13reception time for the filing and recording of documents shall be advanced by
14one-half hour in any official business day during which time the register of deeds
15office is open to the public, in order to complete the processing, recording
, and
16indexing to conform to the day of reception. Any register of deeds may provide in his
17or her notice under s. 19.34 (1) that requests for inspection or copying of the records
18of his or her office may be made only during a specified period of not less than 35
19hours per week. For all other purposes, the register of deeds office shall remain open
20to the public during usual business hours.
Note: Corrects spelling.
SB558, s. 32
21Section
32. 59.40 (3) (b) of the statutes is amended to read:
SB558,14,4
159.40
(3) (b) Except as provided in par. (c), the clerk may invest any funds that
2are paid into his or her office and are being held for repayment. The investments
3shall be made in suitably protected accounts in the manner specified in s. 66.0603
4(1) (1m) and all income that may accrue shall be paid into the county general fund.
Note: Inserts the correct cross-reference. Section 66.0603 (1) was renumbered s.
66.0603 (1m) by
1999 Wis. Act 186.
SB558, s. 33
5Section
33. 66.0143 (2) (c) of the statutes is amended to read:
SB558,14,146
66.0143
(2) (c) The political subdivision shall specify in its request for a waiver
7its reason for requesting the waiver. Upon receipt of a request for a waiver, the
8department of revenue shall forward the request to the administrative agency
which 9that is responsible for administrating the state mandate. The agency shall
10determine whether to grant the waiver and shall notify the political subdivision and
11the department of revenue of its decision in writing. If no agency is responsible for
12administrating the state mandate, the department of revenue shall determine
13whether to grant the waiver and shall notify the political subdivision of its decision
14in writing.
Note: Replaces "which" with "that" to correct grammar.
SB558, s. 34
15Section
34. 66.0719 (2) of the statutes is amended to read:
SB558,15,216
66.0719
(2) If a special assessment is levied for any public improvement, any
17amount collected on that special assessment or received from the county shall be
18deposited in the general fund of the local governmental unit if the payment for the
19improvement was made out of its general fund, deposited in the funds and accounts
20of a public utility established under s. 66.0621
(2) (4) (c) if the improvement was paid
21out of the proceeds of revenue obligations of the local governmental unit
, or deposited
22in the debt service fund required for the payment of bonds or notes issued under ch.
2367 if the improvement was paid out of the proceeds of the bonds or notes. That special
1assessment, when delinquent, shall be returned in trust for collection and the local
2governmental unit has the same rights as provided in s.
66.0713 (3) 67.16 (2) (c).
Note: Corrects cross-references.
1999 Wis. Act 150 renumbered s. 66.066 (2) (c)
to s. 66.0621 (4) (c), but the cross-reference in this provision was not amended correctly.
1999 Wis. Act 150 renumbered s. 66.54 (9) (c) to s. 67.16 (2) (c) but changed the
cross-reference to s. 66.54 (9) (c) in this provision to s. 66.0713 (3) (c).
SB558, s. 35
3Section
35. 66.0821 (4) (a) of the statutes is amended to read:
SB558,15,144
66.0821
(4) (a) The governing body of the municipality may establish sewerage
5service charges in an amount to meet all or part of the requirements for the
6construction, reconstruction, improvement, extension, operation, maintenance,
7repair
, and depreciation of the sewerage system, and for the payment of all or part
8of the principal and interest of any indebtedness incurred for those purposes,
9including the replacement of funds advanced by or paid from the general fund of the
10municipality. Service charges made by a metropolitan sewerage district to any town,
11village
, or city shall be levied by the town, village
, or city against the individual sewer
12system users within the corporate limits of the municipality, and the municipality
13shall collect the charges and promptly remit them to the metropolitan sewerage
14district. Delinquent charges shall be collected in accordance with sub. (4)
(c) (d).
Note: Inserts correct cross-reference.
1999 Wis. Act 150 renumbered both s.
66.076 (5) (b) and (7) to be s. 66.0821 (4) (c).
2001 Wis. Act 30 renumbered s. 66.0821 (4)
(c), as renumbered from s. 66.076 (7), to be s. 66.0821 (4) (d). Prior to
1999 Wis. Act 150,
the cross-reference amended here was to s. 66.076 (7).
SB558, s. 36
15Section
36. 71.05 (6) (a) 10. of the statutes is amended to read:
SB558,16,1716
71.05
(6) (a) 10. For the taxable year, for a person who is not "actively engaged
17in farming
",," as that term is used in
7 CFR 1497.201 1400.201, combined net losses,
18exclusive of net gains from the sale or exchange of capital or business assets and
19exclusive of net profits, from businesses, from rents, from partnerships, from limited
20liability companies, from S corporations, from estates
, or from trusts, under section
1165 of the
internal revenue code Internal Revenue Code, except losses allowable
2under sections
1211 and
1231 of the
internal revenue code Internal Revenue Code,
3otherwise includable in calculating Wisconsin income if those losses are incurred in
4the operation of a farming business, as defined in section
464 (e)
1. of the
internal
5revenue code Internal Revenue Code to the extent that those combined net losses
6exceed $20,000 if nonfarm Wisconsin adjusted gross income exceeds $55,000 but does
7not exceed $75,000, exceed $17,500 if nonfarm Wisconsin adjusted gross income
8exceeds $75,000 but does not exceed $100,000, exceed $15,000 if nonfarm Wisconsin
9adjusted gross income exceeds $100,000 but does not exceed $150,000, exceed
10$12,500 if nonfarm Wisconsin adjusted gross income exceeds $150,000 but does not
11exceed $200,000, exceed $10,000 if nonfarm Wisconsin adjusted gross income
12exceeds $200,000 but does not exceed $250,000, exceed $7,500 if nonfarm Wisconsin
13adjusted gross income exceeds $250,000 but does not exceed $300,000, exceed $5,000
14if nonfarm Wisconsin adjusted gross income exceeds $300,000 but does not exceed
15$600,000
, and exceed $0 if nonfarm adjusted gross income exceeds $600,000, except
16that the amounts applicable to married persons filing separately are 50% of the
17amounts specified in this subdivision.
Note: Inserts the correct cross-reference. The relevant federal regulation was
recodified. Changes capitalization and punctuation consistent with currant style.
SB558, s. 37
18Section
37. 71.10 (7) (c) 1. of the statutes is renumbered 71.10 (7) (c).
Note: Removes unnecessary subdivision number. Section 71.10 (7) (c) is not
subdivided.
SB558, s. 38
19Section
38. 77.52 (13) of the statutes is amended to read:
SB558,17,1020
77.52
(13) For the purpose of the proper administration of this section and to
21prevent evasion of the sales tax it shall be presumed that all receipts are subject to
22the tax until the contrary is established. The burden of proving that a sale of tangible
1personal property or services is not a taxable sale at retail is upon the person who
2makes the sale unless that person takes from the purchaser a certificate to the effect
3that the property or service is purchased for resale or is otherwise exempt; except
4that no certificate is required for sales of cattle, sheep, goats, and pigs that are sold
5at
a livestock an animal market, as defined in s. 95.68 (1)
(e) (ag), and no certificate
6is required for sales of commodities, as defined in
7 USC 2, that are consigned for sale
7in a warehouse in or from which the commodity is deliverable on a contract for future
8delivery subject to the rules of a commodity market regulated by the U.S. commodity
9futures trading commission if upon the sale the commodity is not removed from the
10warehouse.
Note: Section 95.68 (1) (e) was renumbered to 95.68 (1) (ag) and "livestock market"
was changed to "animal market" by
2001 Wis. Act 56.
SB558, s. 39
11Section
39. 77.524 (1) (intro.) of the statutes is amended to read:
SB558,17,1212
77.524
(1) (intro.) In this
subsection
section:
Note: The definitions in this subsection apply to the whole section.
SB558, s. 40
13Section
40. 77.53 (10) of the statutes is amended to read:
SB558,18,414
77.53
(10) For the purpose of the proper administration of this section and to
15prevent evasion of the use tax and the duty to collect the use tax, it is presumed that
16tangible personal property or taxable services sold by any person for delivery in this
17state is sold for storage, use, or other consumption in this state until the contrary is
18established. The burden of proving the contrary is upon the person who makes the
19sale unless that person takes from the purchaser a certificate to the effect that the
20property or taxable service is purchased for resale, or otherwise exempt from the tax;
21except that no certificate is required for sales of cattle, sheep, goats, and pigs that are
22sold at
a livestock an animal market, as defined in s. 95.68 (1)
(e) (ag), and no
23certificate is required for sales of commodities, as defined in
7 USC 2, that are
1consigned for sale in a warehouse in or from which the commodity is deliverable on
2a contract for future delivery subject to the rules of a commodity market regulated
3by the U.S. commodity futures trading commission if upon the sale the commodity
4is not removed from the warehouse.
Note: Section 95.68 (1) (e) was renumbered to 95.68 (1) (ag)) and "livestock
market" was changed to "animal market" by
2001 Wis. Act 56.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2001 Wis. Act
109 renumbered s. 95.22 without taking into account the treatment of that section by
2001 Wis. Act 56. This section restores the numbering by Act 56.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2001 Wis. Act
109 renumbered s. 95.22 without taking into account the treatment of that section by
2001 Wis. Act 56. This section makes the numbering of the subsection created by Act 109
consistent with the numbering by Act 56.