SB287: Bill Text

SB287, s. 15 Section 15. The treatment of 46.10 (14) (a) of the statutes by 2009 Wisconsin Act 28 is not repealed by 2009 Wisconsin Act 218. Both treatments stand.

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, s. 16 Section 16. 46.56 (15) (b) 4. of the statutes, as affected by 2009 Wisconsin Acts 28 and 334, is repealed and recreated to read:

SB287,7,6 46.56 (15) (b) 4. Submit a description of the existing services and other resources in the county or tribe for children who are involved in 2 or more systems of care, an assessment of any gaps in services, and a plan for using the funds received under 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.

SB287, s. 17 Section 17. The treatment of 48.371 (1) (a) of the statutes by 2009 Wisconsin Act 28 is not repealed by 2009 Wisconsin Act 209. Both treatments stand.

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).

SB287, s. 18 Section 18. The treatment of 48.78 (2) (a) of the statutes by 2009 Wisconsin Act 185 is not repealed by 2009 Wisconsin Act 338. Both treatments stand.

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.

SB287, s. 19 Section 19. The treatment of 49.345 (14) (a) of the statutes by 2009 Wisconsin Act 28 is not repealed by 2009 Wisconsin Act 218. Both treatments stand.

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.

SB287, s. 20 Section 20. The treatment of 49.785 (1m) (b) of the statutes by 2009 Wisconsin Act 15 is not repealed by 2009 Wisconsin Act 393. Both treatments stand.

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 Section 21. 51.06 (8) (b) 6. of the statutes is amended to read:

SB287,8,9 51.06 (8) (b) 6. The extent of Medical Assistance provided to relocated or diverted individuals that is in addition to Medical Assistance provided to the individuals under s. 46.27 (11), 46.275, 46.277, or 46.278, as a family care benefit under ss. 46.2805 to 46.2895, or under any other home-based or community-based program for which the department has received a waiver under 42 USC 2396n 1396n (c).

Note: Inserts correct cross-reference. There is no 42 USC 2396n. Waivers are allowed under 42 USC 1396n.

SB287, s. 22 Section 22. The treatments of 66.0137 (4) of the statutes by 2009 Wisconsin Acts 14, 28, 146, 180 and 218 are not repealed by 2009 Wisconsin Act 346. All treatments stand.

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).

SB287, s. 23 Section 23. The treatment of 66.1106 (7) (a) of the statutes by 2009 Wisconsin Act 66 is not repealed by 2009 Wisconsin Act 312. Both treatments stand.

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).

SB287, s. 24 Section 24. The treatment of 71.08 (1) (intro.) of the statutes by 2009 Wisconsin Act 269 is not repealed by 2009 Wisconsin Act 295. Both treatments stand.

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:

SB287, s. 25 Section 25. The treatment of 71.10 (4) (i) of the statutes by 2009 Wisconsin Act 269 is not repealed by 2009 Wisconsin Act 295. Both treatments stand.

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.

SB287, s. 26 Section 26. The treatment of 71.30 (3) (f) of the statutes by 2009 Wisconsin Act 269 is not repealed by 2009 Wisconsin Act 295. Both treatments stand.

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.

SB287, s. 27 Section 27. The treatment of 71.49 (1) (f) of the statutes by 2009 Wisconsin Act 269 is not repealed by 2009 Wisconsin Act 295. Both treatments stand.

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, s. 28 Section 28. 77.54 (20n) (b) of the statutes, as affected by 2009 Wisconsin Acts 185 and 204, is amended to read:

SB287,11,5 77.54 (20n) (b) The sales price from the sale of and the storage, use, or other consumption of food and food ingredients, except soft drinks, sold by hospitals, sanatoriums, nursing homes, retirement homes, and community-based residential facilities, as defined in s. 50.01 (1g), child and any facility certified or licensed under ch. 48, including prepared food that is sold to the elderly or handicapped by persons providing mobile meals on wheels. In this paragraph, "retirement home" means a nonprofit residential facility where 3 or more unrelated adults or their spouses have their principal residence and where support services, including meals from a common kitchen, are available to residents.

Note: The stricken "child" was inserted by 2009 Wis. Act 185, but rendered superfluous by the treatment by 2009 Wis. Act 204.

SB287, s. 29 Section 29. 108.18 (7) (a) 2. of the statutes, as affected by 2009 Wisconsin Act 287, is amended to read:

SB287,11,10 108.18 (7) (a) 2. Each payment shall be treated as a contribution required and irrevocably paid under this chapter with respect to payrolls preceding the date it is credited except as a refund or credit is authorized under par. (b), (e), (h), or (i).

Note: Inserts comma.

SB287, s. 30 Section 30. 111.91 (2) (n) of the statutes, as affected by 2009 Wisconsin Acts 28 and 346, is amended to read:

SB287,11,14 111.91 (2) (n) The provision to employees of the health insurance coverage required 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, s. 31 Section 31. 115.997 (14) (d) of the statutes, as created by 2009 Wisconsin Act 329, is amended to read:

SB287,12,2 115.997 (14) (d) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall by be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.

Note: Inserts correct word.

SB287, s. 32 Section 32. The treatment of 118.125 (2) (n) of the statutes by 2009 Wisconsin Act 302 is not repealed by 2009 Wisconsin Act 309. Both treatments stand.

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.

SB287, s. 33 Section 33. The treatment of 118.29 (2) (a) 3. of the statutes by 2009 Wisconsin Act 160 is not repealed by 2009 Wisconsin Act 302. Both treatments stand.

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.

SB287, s. 34 Section 34. The treatment of 118.29 (2) (b) of the statutes by 2009 Wisconsin Act 160 is not repealed by 2009 Wisconsin Act 302. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective March 1, 2011, s. 118.29 (2) (b) reads:

(b) Subject to sub. (4m), any school district administrator, county children with disabilities education board administrator, cooperative educational service agency administrator, public, private, or tribal school principal, or private or tribal school administrator who authorizes an employee or volunteer to administer a nonprescription drug product or prescription drug to a pupil under par. (a) is immune from civil liability for the act of authorization unless it constitutes a high degree of negligence or the administrator or principal authorizes a person who has not received the required training under sub. (6) to administer a nonprescription drug product or prescription drug to a pupil.

SB287, s. 35 Section 35. The treatments of 120.13 (2) (g) of the statutes by 2009 Wisconsin Acts 14, 28, 146 and 218 are not repealed by 2009 Wisconsin Act 346. All treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 120.13 (2) (g) reads:

(g) Every self-insured plan under par. (b) 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).

SB287, s. 36 Section 36. 138.14 (14) (g) of the statutes, as created by 2009 Wisconsin Act 405, is amended to read:

SB287,13,11 138.14 (14) (g) The division shall, by order or rule, stipulate the period for which data is to be retained in the database only as required to ensure licensee compliance with this act section or for enforcement or compliance purposes. The division may require that any identifying customer information be deleted from the database when data is archived. The division may maintain access to archived data for future legislative or policy review.

Note: Inserts correct cross-reference.

SB287, s. 37 Section 37. 165.755 (1) (b) of the statutes, as affected by 2009 Wisconsin Acts 12, 28 and 100, is amended to read:

SB287,13,18 165.755 (1) (b) A court may not impose the crime laboratories and drug law enforcement surcharge under par. (a) for a violation of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2), or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).

Note: Inserts a necessary comma.

SB287, s. 38 Section 38. 179.046 (title) of the statutes is created to read:

SB287,14,2 179.046 (title) Change of registered office or agent.

Note: Section 179.046 was created without a title by 2009 Wis. Act 237.

SB287, s. 39 Section 39. The treatments of 185.983 (1) (intro.) of the statutes by 2009 Wisconsin Acts 14, 28, 146, 165 and 218 are not repealed by 2009 Wisconsin Act 346. All treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 185.983 (1) (intro.) reads:

(1) Every voluntary nonprofit health care plan operated by a cooperative association organized under s. 185.981 shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85, 632.853, 632.855, 632.87 (2), (2m), (3), (4), (5), and (6), 632.885, 632.89, 632.895 (5) and (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but the sponsoring association shall:

SB287, s. 40 Section 40. 193.221 (1) (b) of the statutes is amended to read:

SB287,14,9 193.221 (1) (b) The articles may be amended as restated articles using the procedure under par. (a). If restated articles are adopted, the restated articles supercede supersede all prior articles and amendments to the articles.

Note: Makes spelling consistent with the remainder of the statutes.

SB287, s. 41 Section 41. 196.027 (2) (e) 3. of the statutes is amended to read:

SB287,14,14 196.027 (2) (e) 3. An application by an energy utility for a financing order and commission approval of a financing order are in addition to and do not replace or supercede supersede any other review or approval by the commission under this chapter that may be required or allowed for environmental control activities.

Note: Makes spelling consistent with the remainder of the statutes.

SB287, s. 42 Section 42. The treatment of 252.15 (2) (a) 7. a. of the statutes by 2009 Wisconsin Act 209 is not repealed by 2009 Wisconsin Act 302. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 252.15 (5g) (a) 1. to 5., as renumbered and amended from s. 252.15 (2) (a) 7. a. by 2009 Wis. Act 209, read:

1. The person is an emergency medical technician; first responder; fire fighter; peace officer; correctional officer; person who is employed at a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g); state patrol officer; jailer, keeper of a jail, or person designated with custodial authority by the jailer or keeper and the contact occurred during the course of the person providing care or services to the individual.

2. The person is a peace officer, correctional officer, state patrol officer, jailer, or keeper of a jail, or person designated with custodial authority by the jailer or keeper and the contact occurred while the person was searching or arresting the individual or while controlling or transferring the individual in custody.

3. The person is a health care provider or an employee of a health care provider and the contact occurred during the course of the person providing care or treatment to the individual or handling or processing specimens of body fluids or tissues of the individual.

4. The person is a staff member of a state crime laboratory and the contact occurred during the course of the person handling or processing specimens of body fluids or tissues of the individual.

5. The person is a social worker or an employee of a school district, cooperative educational service agency, charter school, private school, tribal school, as defined in s. 115.001 (15m), the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, or the Wisconsin Center for the Blind and Visually Impaired and the contact occurred while the person was performing employment duties involving the individual.