Note: The underscored text was deleted by
2009 Wis. Act 363 without being shown
as stricken. No change was intended.
SB287,3,7
120.505
(1) (is)
Information technology and communications services; nonstate
2entities. From the sources specified in ss. 16.972 (2) (b) and (c), 16.974 (2) and (3),
3and 16.997 (2) (d) and (2g) (a) 3., to provide computer, telecommunications, electronic
4communications, and supercomputer services
, but not integrated business
5information system services under s. 16.971 (2) (cf), to state authorities, units of the
6federal government, local governmental units, tribal schools, and entities in the
7private sector, the amounts in the schedule.
Note: The phrase ", but not integrated business information system services under
s. 16.971 (2) (cf)," was deleted by
2009 Wisconsin Act 302 without being stricken. No
change was intended.
SB287, s. 6
8Section
6. 27.065 (12) (a) of the statutes is amended to read:
SB287,4,109
27.065
(12) (a) If in any action at law for the recovery of damages arising from
10a failure to make a proper assessment of benefits and damages, or failure to observe
11any provisions of law, or because of any act or defect in any proceeding in which
12benefits and damages are assessed, and in any action to set aside any special
13assessment against property for any purpose, or to set aside any special assessment
14certificate, special improvement bond or tax certificate based upon such special
15assessment, the court determines that such assessment is invalid by reason of a
16defective assessment of benefits and damages, or for any cause, it shall stay all
17proceedings in such action until a new assessment thereof is made as provided
18hereinafter; thereupon the proper county authorities shall proceed forthwith to
19make a new assessment of benefits and damages against the property of the plaintiff
20as required by law in the case of the original assessment, and the plaintiff shall have
21the same right to appeal from the new assessment as the plaintiff or the plaintiff's
22grantors would have had from the original assessment. If the validity of the new
23assessment is contested by the plaintiff, the court shall summarily try the matter and
1file an order sustaining or overruling the objection of the plaintiff. If the new
2assessments are held invalid, subsequent assessments may be made in like manner
3and similar proceedings resorted to
, to determine the validity of such assessments.
4When the amount to be assessed against the plaintiff's property is finally determined
5by an assessment of benefits and damages, which the court holds to be valid, or when
6an appeal is taken, the court shall make an order, requiring the plaintiff to pay into
7the court for the benefit of the parties entitled thereto, the amount which should be
8justly assessed against the property in question; upon compliance with said order,
9judgment shall be entered for the plaintiff with costs. If the plaintiff fails to comply
10with such order the action shall be dismissed with costs.
Note: Inserts comma between identical words for clarity.
SB287,4,1613
29.228
(2) (b) A nonresident annual fishing license issued to any nonresident
14who holds a one-day fishing license under sub. (4m) that is valid during the same
15year for which the
resident nonresident applies for a
resident nonresident annual
16fishing license shall be issued at the reduced fee under s. 29.563 (3r).
Note: Licenses issued under s. 29.228 (4m) are issued to nonresidents.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 39.41 (1m) (a) (intro.) reads:
(a) Subject to par. (d), by February 25 of each school year, the school board of each
school district operating one or more high schools and the governing body of each private
high school and of each tribal high school shall:
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 39.41 (1m) (b) reads:
(b) Subject to par. (e), by February 25 of each school year, the school board of each
school district operating one or more high schools and the governing body of each private
high school and of each tribal high school may, for each high school with an enrollment
of less than 80 pupils, nominate the senior with the highest grade point average in all
subjects who may be designated as a scholar by the executive secretary under par. (c) 3.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 39.41 (1m) (e) reads:
(e) If 2 or more seniors from the same high school of less than 80 pupils have the
same grade point average and, except for the limitation of one nominated senior, are
otherwise eligible for nomination under par. (b), the faculty of the high school shall select
the senior who may be nominated by the school board of the school district operating the
public high school or the governing body of the private or tribal high school for designation
under par. (b) as a scholar by the executive secretary. If that senior is designated as a
scholar by the executive secretary, but does not qualify for a higher education scholarship
under sub. (2) (a) or (3) (a), the faculty of the high school shall select, in order of priority,
one or more of the remaining seniors with the same grade point average for certification
as a scholar or, if there is no remaining senior with the same grade point average, one or
more of the remaining seniors with the next highest grade point average, but not less than
3.800 or the equivalent, for certification as a scholar, and the school board of the school
district operating the high school or the governing body of the private or tribal high school
shall certify to the board one or more of these seniors as eligible for a higher education
scholarship as a scholar under sub. (2) (a) or (3) (a) until the scholarship may be awarded
by the board.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 40.51 (8) reads:
(8) Every health care coverage plan offered by the state under sub. (6) shall comply
with ss. 631.89, 631.90, 631.93 (2), 631.95, 632.72 (2), 632.746 (1) to (8) and (10), 632.747,
632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.87 (3) to (6), 632.885,
632.89, 632.895 (5m) and (8) to (17), and 632.896.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 40.51 (8m) reads:
(8m) Every health care coverage plan offered by the group insurance board under
sub. (7) shall comply with ss. 631.95, 632.746 (1) to (8) and (10), 632.747, 632.748,
632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.885, 632.89, and 632.895 (11) to
(17).
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 45.20 (2) (d) 1. (intro.) reads:
1. Subject to subd. 1m., a veteran's eligibility for reimbursement under this
subsection at any institution of higher education in this state, at a school that is approved
under s. 45.03 (11), at a proprietary school that is approved under s. 38.50, at a public or
private high school, at a tribal school, as defined in s. 115.001 (15m), that operates any
grade from 9 to 12, or at an institution where he or she is receiving a waiver of nonresident
tuition under s. 39.47 is limited to the following:
SB287, s. 14
3Section
14. 45.34 (2) (b) 2. of the statutes is amended to read:
SB287,6,84
45.34
(2) (b) 2. Unless other acceleration provisions are permitted under s.
545.36 (2), the loan made under this subchapter will be repaid in full upon sale of the
6residence or any of the person's interest in it. A divorce judgment divesting the
7person's interest in the residence or a
quit claim
quitclaim deed executed under the
8judgment does not constitute a sale.
Note: Makes spelling consistent with the remainder of the statutes.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 46.10 (14) (a) reads:
(a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2)
or s. 46.03 (18) for inpatient care and maintenance of persons under 18 years of age at
community mental health centers, a county mental health complex under s. 51.08, the
centers for the developmentally disabled, the Mendota Mental Health Institute, and the
Winnebago Mental Health Institute or care and maintenance of persons under 18 years
of age in residential, nonmedical facilities such as group homes, foster homes, subsidized
guardianship homes, residential care centers for children and youth, and juvenile
correctional institutions is determined in accordance with the cost-based fee established
under s. 46.03 (18). The department shall bill the liable person up to any amount of
liability not paid by an insurer under s. 632.89 (2) or (4m) or by other 3rd-party benefits,
subject to rules that include formulas governing ability to pay promulgated by the
department under s. 46.03 (18). Any liability of the patient not payable by any other
person terminates when the patient reaches age 18, unless the liable person has
prevented payment by any act or omission.
SB287,7,63
46.56
(15) (b) 4. Submit a description of the existing services and other
4resources in the county or tribe for children who are involved in 2 or more systems
5of care, an assessment of any gaps in services, and a plan for using the funds received
6under this subsection or funds from other sources to develop or expand the initiative.
Note: 2009 Wis. Act 28 amended s. 46.56 (15) (b) 4. effective the date stated in the
notice provided by the secretary of children and families and published in the Wisconsin
Administrative Register under s. 48.62 (9).
2009 Wis. Act 334 amended s. 46.56 (15) (b)
4., as affected by Act 28, but without a specified delayed effective date, which resulted in
a possible ambiguity in the effective date for the treatment of s. 46.56 (15) (b) 4. by Act
334. The drafting file for Act 334 indicates no intention to delay the treatment of s. 46.56
(15) (b) 4. by that act. This bill section is intended to clarify that the effective date for the
Act 334 treatment of s. 46.56 (15) (b) 4. is the general effective date for Act 334, May 27,
2010, the day after publication of Act 334, and not the effective date for the treatment of
s. 46.56 (15) (b) 4. by Act 28.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.371 (1) (a) reads:
(a) Results of an HIV test, as defined in s. 252.01 (2m), of the child, as provided
under s. 252.15 (3m) (d) 15., including results included in a court report or permanency
plan. At the time that the HIV test results are provided, the agency shall notify the foster
parent, relative, or operator of the group home or residential care center for children and
youth of the confidentiality requirements under s. 252.15 (6).
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.78 (2) (a) reads:
(a) No agency may make available for inspection or disclose the contents of any
record kept or information received about an individual who is or was in its care or legal
custody, except as provided under s. 48.371, 48.38 (5) (b) or (d) or (5m) (d), 48.396 (3) (b)
or (c) 1., 48.432, 48.433, 48.48 (17) (bm), 48.57 (2m), 48.93, 48.981 (7), 938.51, or 938.78
or by order of the court.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 49.345 (14) (a) reads:
(a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2)
or s. 49.32 (1) for care and maintenance of persons under 18 years of age in residential,
nonmedical facilities such as group homes, foster homes, subsidized guardianship homes,
and residential care centers for children and youth is determined in accordance with the
cost-based fee established under s. 49.32 (1). The department shall bill the liable person
up to any amount of liability not paid by an insurer under s. 632.89 (2) or (4m) or by other
3rd-party benefits, subject to rules that include formulas governing ability to pay
established by the department under s. 49.32 (1). Any liability of the person not payable
by any other person terminates when the person reaches age 18, unless the liable person
has prevented payment by any act or omission.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 49.785 (1m) (b) reads:
(b) If the total funeral and burial expenses for the recipient exceed $4,500, the
department or county or applicable tribal governing body or organization responsible for
burial of the recipient is not required to make a payment for funeral and burial expenses
under sub. (1) (b).
SB287, s. 21
3Section
21. 51.06 (8) (b) 6. of the statutes is amended to read:
SB287,8,94
51.06
(8) (b) 6. The extent of Medical Assistance provided to relocated or
5diverted individuals that is in addition to Medical Assistance provided to the
6individuals under s. 46.27 (11), 46.275, 46.277, or 46.278, as a family care benefit
7under ss. 46.2805 to 46.2895, or under any other home-based or community-based
8program for which the department has received a waiver under
42 USC 2396n 1396n 9(c).
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 66.0137 (4) reads:
(4) Self-insured health plans. If a city, including a 1st class city, or a village
provides health care benefits under its home rule power, or if a town provides health care
benefits, to its officers and employees on a self-insured basis, the self-insured plan shall
comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2.,
632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.87 (4), (5), and (6), 632.885, 632.89,
632.895 (9) to (17), 632.896, and 767.513 (4).
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 66.1106 (7) (a) reads:
(a) Subject to pars. (am), (b), (c), (d), and (e), the department shall annually
authorize the positive environmental remediation tax increment with respect to a parcel
or contiguous parcels of property during the period of certification to the political
subdivision that incurred the costs to remediate environmental pollution on the property,
except that an authorization granted under this paragraph does not apply after the
department receives the notice described under sub. (10) (b).
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 71.08 (1) (intro.) reads as follows. The cross-reference to s. 71.07 (3rn) was
changed from a cross-reference to s. 71.07 (3rm) by the legislative reference bureau
under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 71.07
(3rm), as created by
2009 Wis. Act 295, to s. 71.07 (3rn). See also section 80 of this bill.
(1) Imposition. If the tax imposed on a natural person, married couple filing jointly,
trust, or estate under s. 71.02, not considering the credits under ss. 71.07 (1), (2dd), (2de),
(2di), (2dj), (2dL), (2dr), (2ds), (2dx), (2dy), (3m), (3n), (3p), (3q), (3r), (3rm), (3rn), (3s), (3t),
(3w), (5b), (5d), (5e), (5f), (5h), (5i), (5j), (6), (6e), (8r), and (9e), 71.28 (1dd), (1de), (1di),
(1dj), (1dL), (1ds), (1dx), (1dy), (2m), (3), (3n), (3t), and (3w), 71.47 (1dd), (1de), (1di), (1dj),
(1dL), (1ds), (1dx), (1dy), (2m), (3), (3n), (3t), and (3w), 71.57 to 71.61, and 71.613 and
subch. VIII and payments to other states under s. 71.07 (7), is less than the tax under this
section, there is imposed on that natural person, married couple filing jointly, trust or
estate, instead of the tax under s. 71.02, an alternative minimum tax computed as follows:
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 71.10 (4) (i) reads as follows. The cross-reference to s. 71.07 (3rn) was changed
from a cross-reference to s. 71.07 (3rm) by the legislative reference bureau under s. 13.92
(1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 71.07 (3rm), as created
by
2009 Wis. Act 295, to s. 71.07 (3rn). See also section 80 of this bill.
(i) The total of claim of right credit under s. 71.07 (1), farmland preservation credit
under ss. 71.57 to 71.61, farmland preservation credit, 2010 and beyond under s. 71.613,
homestead credit under subch. VIII, farmland tax relief credit under s. 71.07 (3m), dairy
manufacturing facility investment credit under s. 71.07 (3p), jobs tax credit under s. 71.07
(3q), meat processing facility investment credit under s. 71.07 (3r), woody biomass
harvesting and processing credit under s. 71.07 (3rm), food processing plant and food
warehouse investment credit under s. 71.07 (3rn), film production services credit under
s. 71.07 (5f), film production company investment credit under s. 71.07 (5h), veterans and
surviving spouses property tax credit under s. 71.07 (6e), enterprise zone jobs credit
under s. 71.07 (3w), beginning farmer and farm asset owner tax credit under s. 71.07 (8r),
earned income tax credit under s. 71.07 (9e), estimated tax payments under s. 71.09, and
taxes withheld under subch. X.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 71.30 (3) (f) reads as follows. The cross-reference to s. 71.28 (3rn) was changed
from a cross-reference to s. 71.28 (3rm) by the legislative reference bureau under s. 13.92
(1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 71.28 (3rm), as created
by
2009 Wis. Act 295, to s. 71.28 (3rn). See also section 80 of this bill.
(f) The total of farmland preservation credit under subch. IX, farmland tax relief
credit under s. 71.28 (2m), dairy manufacturing facility investment credit under s. 71.28
(3p), jobs credit under s. 71.28 (3q), meat processing facility investment credit under s.
71.28 (3r), woody biomass harvesting and processing credit under s. 71.28 (3rm), food
processing plant and food warehouse investment credit under s. 71.28 (3rn), enterprise
zone jobs credit under s. 71.28 (3w), film production services credit under s. 71.28 (5f), film
production company investment credit under s. 71.28 (5h), beginning farmer and farm
asset owner tax credit under s. 71.28 (8r), and estimated tax payments under s. 71.29.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 71.49 (1) (f) reads as follows. The cross-reference to s. 71.47 (3rn) was changed
from a cross-reference to s. 71.47 (3rm) by the legislative reference bureau under s. 13.92
(1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 71.47 (3rm), as created
by
2009 Wis. Act 295, to s. 71.47 (3rn). See also section 80 of this bill.
(f) The total of farmland preservation credit under subch. IX, farmland tax relief
credit under s. 71.47 (2m), dairy manufacturing facility investment credit under s. 71.47
(3p), jobs credit under s. 71.47 (3q), meat processing facility investment credit under s.
71.47 (3r), woody biomass harvesting and processing credit under s. 71.47 (3rm), food
processing plant and food warehouse investment credit under s. 71.47 (3rn), enterprise
zone jobs credit under s. 71.47 (3w), film production services credit under s. 71.47 (5f), film
production company investment credit under s. 71.47 (5h), beginning farmer and farm
asset owner tax credit under s. 71.47 (8r), and estimated tax payments under s. 71.48.
SB287,11,57
77.54
(20n) (b) The sales price from the sale of and the storage, use, or other
8consumption of food and food ingredients, except soft drinks, sold by hospitals,
9sanatoriums, nursing homes, retirement homes, and community-based residential
10facilities, as defined in s. 50.01 (1g),
child and any facility certified or licensed under
1ch. 48, including prepared food that is sold to the elderly or handicapped by persons
2providing mobile meals on wheels. In this paragraph, "retirement home" means a
3nonprofit residential facility where 3 or more unrelated adults or their spouses have
4their principal residence and where support services, including meals from a
5common kitchen, are available to residents.
SB287,11,108
108.18
(7) (a) 2. Each payment shall be treated as a contribution required and
9irrevocably paid under this chapter with respect to payrolls preceding the date it is
10credited except as a refund or credit is authorized under par. (b), (e), (h)
, or (i).
Note: Inserts comma.
SB287,11,1413
111.91
(2) (n) The provision to employees of the health insurance coverage
14required under s. 632.895 (11) to (14), (16),
and (16m)
, and (17).
Note: Corrects punctuation. The cross-reference to s. 632.895 (16m) was changed
from a cross-reference to s. 632.895 (16) by the legislative reference bureau under s. 13.92
(1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 632.895 (16), as
created by
2009 Wis. Act 346, to s. 632.895 (16m).
See section 80 of this bill.
SB287,12,217
115.997
(14) (d) The interstate commission shall keep accurate accounts of all
18receipts and disbursements. The receipts and disbursements of the interstate
19commission shall be subject to the audit and accounting procedures established
20under its bylaws. However, all receipts and disbursements of funds handled by the
21interstate commission shall
by be audited yearly by a certified or licensed public
1accountant and the report of the audit shall be included in and become part of the
2annual report of the interstate commission.
Note: Inserts correct word.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 118.125 (2) (n) (intro.) and 1., as renumbered and amended from s. 118.125 (2)
(n) by
2009 Wis. Act 309, read:
(n) For any purpose concerning the juvenile justice system and the system's ability
to effectively serve a pupil, prior to adjudication:
1. A school board may disclose pupil records to a city attorney, corporation counsel,
agency, as defined in s. 938.78 (1), intake worker under s. 48.067 or 938.067, court of
record, municipal court, private school, or another school board if disclosure is pursuant
to an interagency agreement and the person to whom the records are disclosed certifies
in writing that the records will not be disclosed to any other person except as otherwise
authorized by law. For the purpose of providing services to a pupil before adjudication,
a school board may disclose pupil records to a tribal school if disclosure is pursuant to an
agreement between the school board and the governing body of the tribal school and if the
school board determines that enforceable protections are provided by a tribal school
policy or tribal law that requires the tribal school official to whom the records are
disclosed not to disclose the records to any other person except as permitted under this
subsection.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, effective March 1, 2011, s. 118.29 (2) (a) 3. reads:
3. Subject to sub. (4m), is immune from civil liability for his or her acts or omissions
in administering a nonprescription drug product or prescription drug to a pupil under
subd. 1., 2., 2m., or 2r. unless the act is in violation of sub. (6) or the act or omission
constitutes a high degree of negligence. This subdivision does not apply to health care
professionals.