SB301,34,22
229. A general assistance recipient
, an.
SB301,34,23
2310. An economically disadvantaged ex-convict
, a .
SB301,35,1
111. A qualified summer youth employee, as defined in
26 USC 51 (d) (7)
, a .
SB301,35,2
212. A dislocated worker, as defined in
29 USC 2801 (9)
, or a .
SB301,35,4
313. A food stamp recipient
, if the person has been certified in the manner under
4s. 71.47 (1dj) (am) 3. by a designated local agency, as defined in s. 71.47 (1dj) (am) 2.
Note: Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in
tabular form for consistency with current style and improved readability.
SB301,35,107
76.636
(4) Credit precluded. (intro.) If the certification of a person for tax
8benefits under s. 560.765 (3), 560.797 (4), or 560.798 (3) is revoked, or if the person
9becomes ineligible for tax benefits under s. 560.795 (3), that person may not
claim 10do any of the following:
SB301,35,11
11(a) Claim credits under this section for
any of the
following:
SB301,35,13
121. The taxable year that includes the day on which the certification is revoked
;
13the.
SB301,35,15
142. The taxable year that includes the day on which the person becomes
15ineligible for tax benefits
; or succeeding.
SB301,35,16
163. Succeeding taxable years
and that person may not carry.
SB301,35,18
17(b) Carry over unused credits from previous years to offset the fees under s.
1876.60, 76.63, 76.65, 76.66, or 76.67 for
any of the
following:
SB301,35,19
191. The taxable year that includes the day on which certification is revoked
; the.
SB301,35,21
202. The taxable year that includes the day on which the person becomes
21ineligible for tax benefits
; or succeeding.
SB301,35,22
223. Succeeding taxable years.
Note: Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place series in
tabular form for consistency with current style and improved readability.
SB301,36,213
77.52
(2) (a) 10. Except for services provided by veterinarians and except for
4installing or applying tangible personal property that, subject to par. (ag), when
5installed or applied, will constitute an addition or capital improvement of real
6property, the repair, service, alteration, fitting, cleaning, painting, coating, towing,
7inspection, and maintenance of all items of tangible personal property unless, at the
8time of that
the repair, service, alteration, fitting, cleaning, painting, coating,
9towing, inspection, or maintenance, a sale in this state of the type of property
10repaired, serviced, altered, fitted, cleaned, painted, coated, towed, inspected, or
11maintained would have been exempt to the customer from sales taxation under this
12subchapter, other than the exempt sale of a motor vehicle or truck body to a
13nonresident under s. 77.54 (5) (a) and other than nontaxable sales under s. 77.51
14(14r).
juvenile The tax imposed under this subsection applies to the repair, service,
15alteration, fitting, cleaning, painting, coating, towing, inspection, or maintenance of
16items listed in par. (ag), regardless of whether the installation or application of
17tangible personal property related to the items is an addition to or a capital
18improvement of real property, except that the tax imposed under this subsection does
19not apply to the original installation or the complete replacement of an item listed
20in par. (ag), if that
the installation or replacement is a real property construction
21activity under s. 77.51 (2).
Note: 2005 Wis. Act 149 replaced "such" with "the" in 2 places, and
2005 Wis. Act
344 replaced the same "such" with "that." Act 344 inserted "juvenile" in material that was
recreated as s. 77.52 (2) (ag) 39. (intro.). See the next
Section of this bill.
SB301,37,6
177.52
(2) (ag) 39. Equipment in offices, business facilities, schools, and
2hospitals but not in residential facilities including personal residences, apartments,
3long-term care facilities, as defined under s. 16.009 (1) (em), state institutions, as
4defined under s. 101.123 (1) (i), Type 1 juvenile correctional facilities, as defined in
5s. 938.02 (19), or similar facilities including, by way of illustration but not of
6limitation, all of the following:
SB301,37,88
b. Chandeliers.
SB301,37,1010
d. Venetian blinds.
SB301,37,1111
e. Canvas awnings.
SB301,37,1212
f. Office and business machines.
SB301,37,1313
g. Ice and milk dispensers.
SB301,37,1414
h. Beverage-making equipment.
SB301,37,1515
i. Vending machines.
SB301,37,1616
j. Soda fountains.
SB301,37,1717
k. Steam warmers and tables.
SB301,37,1818
L. Compressors.
SB301,37,1919
m. Condensing units and evaporative condensers.
SB301,37,2020
n. Pneumatic conveying systems.
Note: Corrects numbering errors in
2005 Wis. Act 149 that resulted in there being
3 provisions numbered 77.52 (2) (ag) 39. f. and 3 provisions numbered 77.52 (2) (ag) 39.
g. No changes to text are made except that "secured" is replaced with "juvenile" in s. 77.52
(2) (ag) 39. (intro.) to effect a change made by
2005 Wis. Act 344 to s. 77.52 (2) (a) 10. that
did not take the treatment by Act 149 into account.
Note: There is no conflict of substance. As merged by the revisor, s. 77.54 (9a) (a)
reads:
(a) This state or any agency thereof, the University of Wisconsin Hospitals and
Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance
Risk-Sharing Plan Authority, and the Fox River Navigational System Authority.
Note: There is no conflict of substance. As merged by the revisor, s. 77.82 (4g) (b)
reads:
(b) If an owner of land that is designated as managed forest land under an order
that takes effect before April 28, 2004, wishes to have designated as managed forest land
an additional parcel of land that is at least 3 acres in size, that does not satisfy the
requirements in sub. (1), and that is contiguous to any of that designated land, the owner
may withdraw the designated land from the original order and may petition the
department under sub. (2) for a new order covering both the withdrawn land and the
additional land. The withdrawal tax and the withdrawal fee under s. 77.88 (5) and (5m)
do not apply to a withdrawal under this paragraph.
Note: There is no conflict of substance. As merged by the revisor, s. 84.01 (13)
reads:
(13) Engineering services. The department may engage such engineering,
consulting, surveying, or other specialized services as it deems advisable. Any
engagement of services under this subsection is exempt from ss. 16.70 to 16.75, 16.755
to 16.82, and 16.85 to 16.89, but ss. 16.528, 16.752, 16.753, and 16.754 apply to such
engagement. Any engagement involving an expenditure of $3,000 or more shall be by
formal contract approved by the governor. The department shall conduct a uniform
cost-benefit analysis, as defined in s. 16.70 (3g), of each proposed engagement under this
subsection that involves an estimated expenditure of more than $25,000 in accordance
with standards prescribed by rule of the department. The department shall review
periodically, and before any renewal, the continued appropriateness of contracting
pursuant to each engagement under this subsection that involves an estimated
expenditure of more than $25,000.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act
238 also created a provision numbered s. 84.1034.
Note: There is no conflict of substance. As merged by the revisor, s. 95.21 (2) (a)
reads:
(a) Requirement for vaccination. Except as provided in s. 174.054 or sub. (9) (d),
the owner of a dog shall have the dog vaccinated against rabies by a veterinarian or, if
a veterinarian is physically present at the location the vaccine is administered, by a
veterinary technician, pursuant to s. 453.05 (2) (d), at no later than 5 months of age and
revaccinated within one year after the initial vaccination. If the owner obtains the dog
or brings the dog into this state after the dog has reached 5 months of age, the owner shall
have the dog vaccinated against rabies within 30 days after the dog is obtained or brought
into the state unless the dog has been vaccinated as evidenced by a current certificate of
rabies vaccination from this state or another state. The owner of a dog shall have the dog
revaccinated against rabies by a veterinarian or, if a veterinarian is physically present
at the location the vaccine is administered, by a veterinary technician, pursuant to s.
453.05 (2) (d), before the date that the immunization expires as stated on the certificate
of vaccination or, if no date is specified, within 3 years after the previous vaccination.
SB301,39,43
95.55
(5) (bg) 4. Before
to January 1, 2003, the owner offered for sale the
4opportunity to hunt as authorized under the license.
Note: Deletes unnecessary word.
SB301,39,97
100.525
(2) (a) (intro.) Obtain, or attempt to obtain, a telephone record that
8pertains to a customer who is
a resident of this state, without the customer's consent,
9by doing any of the following:
Note: Inserts missing article.
SB301,39,1312
100.54
(1) (a) "Business day" means a business day, as defined in s. 421.301 (6),
13that is not a legal holiday under s.
895.20 995.20 or a federal legal holiday.
Note: Corrects cross-reference. Section 895.20 was renumbered to s. 995.20 by
2005 Wis. Act 155.
SB301,40,2
1100.54
(8) (d) A child support agency acting pursuant to
42 USC 651-669b 651
2to 669b.
Note: Makes citation form consistent with other statutes to allow electronic
linking.
Note: There is no conflict of substance. As merged by the revisor, s. 101.177 (1)
(d) reads:
(d) "State agency" means any office, department, agency, institution of higher
education, association, society, or other body in state government created or authorized
to be created by the constitution or any law, that is entitled to expend moneys
appropriated by law, including the legislature and the courts, the Wisconsin Housing and
Economic Development Authority, the Bradley Center Sports and Entertainment
Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin
Aerospace Authority, and the Wisconsin Health and Educational Facilities Authority, but
excluding the Health Insurance Risk-Sharing Plan Authority.
Note: There is no conflict of substance. As merged by the revisor, s. 102.29 (1)
reads:
(1) The making of a claim for compensation against an employer or compensation
insurer for the injury or death of an employee shall not affect the right of the employee,
the employee's personal representative, or other person entitled to bring action, to make
claim or maintain an action in tort against any other party for such injury or death,
hereinafter referred to as a 3rd party; nor shall the making of a claim by any such person
against a 3rd party for damages by reason of an injury to which ss. 102.03 to 102.64 are
applicable, or the adjustment of any such claim, affect the right of the injured employee
or the employee's dependents to recover compensation. The employer or compensation
insurer who shall have paid or is obligated to pay a lawful claim under this chapter shall
have the same right to make claim or maintain an action in tort against any other party
for such injury or death. If the department pays or is obligated to pay a claim under s.
102.81 (1), the department shall also have the right to maintain an action in tort against
any other party for the employee's injury or death. However, each shall give to the other
reasonable notice and opportunity to join in the making of such claim or the instituting
of an action and to be represented by counsel. If a party entitled to notice cannot be found,
the department shall become the agent of such party for the giving of a notice as required
in this subsection and the notice, when given to the department, shall include an affidavit
setting forth the facts, including the steps taken to locate such party. Each shall have an
equal voice in the prosecution of said claim, and any disputes arising shall be passed upon
by the court before whom the case is pending, and if no action is pending, then by a court
of record or by the department. If notice is given as provided in this subsection, the
liability of the tort-feasor shall be determined as to all parties having a right to make
claim, and irrespective of whether or not all parties join in prosecuting such claim, the
proceeds of such claim shall be divided as follows: After deducting the reasonable cost of
collection, one-third of the remainder shall in any event be paid to the injured employee
or the employee's personal representative or other person entitled to bring action. Out
of the balance remaining, the employer, insurance carrier, or, if applicable, uninsured
employers fund shall be reimbursed for all payments made by it, or which it may be
obligated to make in the future, under this chapter, except that it shall not be reimbursed
for any payments made or to be made under s. 102.18 (1) (bp), 102.22, 102.35 (3), 102.57,
or 102.60. Any balance remaining shall be paid to the employee or the employee's
personal representative or other person entitled to bring action. If both the employee or
the employee's personal representative or other person entitled to bring action, and the
employer, compensation insurer, or department, join in the pressing of said claim and are
represented by counsel, the attorney fees allowed as a part of the costs of collection shall
be, unless otherwise agreed upon, divided between such attorneys as directed by the court
or by the department. A settlement of any 3rd-party claim shall be void unless said
settlement and the distribution of the proceeds thereof is approved by the court before
whom the action is pending and if no action is pending, then by a court of record or by the
department.
SB301, s. 113
1Section
113. 102.29 (4) of the statutes is amended to read:
SB301,41,82
102.29
(4) If the employer and the 3rd party are insured by the same insurer,
3or by the insurers who are under common control, the employer's insurer shall
4promptly notify the parties in interest and the department. If the employer has
5assumed the liability of the 3rd party, it shall give similar notice, in default of which
6any settlement with an injured employee or beneficiary is void. This subsection does
7not prevent the employer or compensation insurer from sharing in the proceeds of
8any
3rd party 3rd-party claim or action, as set forth in sub. (1).
Note: Corrects spelling.
Note: There is no conflict of substance. As merged by the revisor, s. 102.81 (2)
reads:
(2) The department may retain an insurance carrier or insurance service
organization to process, investigate and pay claims under this section and may obtain
excess or stop-loss reinsurance with an insurance carrier authorized to do business in
this state in an amount that the secretary determines is necessary for the sound operation
of the uninsured employers fund. In cases involving disputed claims, the department
may retain an attorney to represent the interests of the uninsured employers fund and
to make appearances on behalf of the uninsured employers fund in proceedings under ss.
102.16 to 102.29. Section 20.930 and all provisions of subch. IV of ch. 16, except 16.753,
do not apply to an attorney hired under this subsection. The charges for the services
retained under this subsection shall be paid from the appropriation under s. 20.445 (1)
(rp). The cost of any reinsurance obtained under this subsection shall be paid from the
appropriation under s. 20.445 (1) (sm).
SB301,42,43
106.52
(3) (am) 1. (intro.) Subject to subds. 2., 3., and 4., no person may
refuse 4do any of the following:
SB301,42,8
5a. Refuse to permit entrance into, or use of, or otherwise deny the full and equal
6enjoyment of any public place of accommodation or amusement to a person with a
7disability or to a service animal trainer because the person with a disability or the
8trainer is accompanied by a service animal
; charge.
SB301,42,12
9b. Charge a person with a disability or a service animal trainer a higher price
10than the regular rate, including a deposit or surcharge, for the full and equal
11enjoyment of any public place of accommodation or amusement because the person
12with a disability or the trainer is accompanied by a service animal
; or directly.
SB301,42,20
13c. Directly or indirectly publish, circulate, display, or mail any written
14communication that the communicator knows is to the effect that entrance into, or
15use of, or the full and equal enjoyment of any of the facilities of the public place of
16accommodation or amusement will be denied to a person with a disability or a service
17animal trainer because the person with a disability or the trainer is accompanied by
18a service animal or that the patronage of a person with a disability or a service animal
19trainer is unwelcome, objectionable, or unacceptable because the person with a
20disability or the trainer is accompanied by a service animal.
Note: Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in
tabular form for consistency with current style and improved readability.
SB301,43,14
1108.05
(1) (n) (intro.) Each eligible employee shall be paid benefits for each
2week of total unemployment
which that commences on or after December 29, 2002,
3and before January 1, 2006, at the weekly benefit rate specified in this paragraph.
4Unless sub. (1m) applies, the weekly benefit rate shall equal 4% of the employee's
5base period wages
which that were paid during that quarter of the employee's base
6period in which the employee was paid the highest total wages, rounded down to the
7nearest whole dollar, except that, if that amount is less than the minimum amount
8shown in the following schedule, no benefits are payable to the employee and, if that
9amount is more than the maximum amount shown in the following schedule, the
10employee's weekly benefit rate shall be the maximum amount shown in the following
11schedule and except that, if the employee's benefits are exhausted during any week
12under s. 108.06 (1), the employee shall be paid the remaining amount of benefits
13payable to the employee in lieu of the amount shown in the following schedule: [See
14Figure 108.05 (1) (n) following]
Note: 2005 Wis. Act 86 inserted "which" without showing it as underscored and
deleted "that" without showing it as stricken. No change was intended.
SB301,44,317
108.068
(8) The department shall treat a limited liability company that files
18proof under sub. (7) as a partnership or sole proprietorship under this chapter
19beginning on the same date that the federal internal revenue service treats the
20company as a partnership or sole proprietorship for federal tax purposes, except that
21for benefit purposes the treatment shall apply to benefit years in existence on or
22beginning on or after the date that the federal internal revenue service treats the
23company as a partnership or sole proprietorship for federal tax purposes if the
1benefit year to which the treatment is to be applied has not ended on the date that
2the department first has notice of a benefit eligibility issue that relates to treatment
3of that
limited liability company.
Note: Inserts "limited" consistent with the treatment of s. 108.068 (2) by
2005 Wis.
Act 86, which inserted language in that provision that was otherwise identical to the
language inserted in this provision by Act 86.
Note: There is no conflict of substance. As merged by the revisor s. 114.135 (2)
reads: