SB426: Bill Text

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.685 (3) (b) reads:

(b) Subject to par. (bm), every 4 years or at any time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to e. for all persons who are caregivers specified in sub. (1) (ag) 1. a. or am. of the entity and for all nonclient residents of a caregiver specified in sub. (1) (ag) 1. am. of the entity.

SB426,37 Section 37. The treatment of 48.685 (5) (a) of the statutes by 2011 Wisconsin Act 32 is not repealed by 2011 Wisconsin Act 87. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.685 (5) (a) reads:

(a) Subject to pars. (bm) and (br), the department may license to operate an entity, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may certify under s. 48.651, a county department or a child welfare agency may license under s. 48.62, the department in a county having a population of 750,000 or more or a county department may provide subsidized guardianship payments under s. 48.623 (6), and a school board may contract with under s. 120.13 (14) a person who otherwise may not be licensed, certified, or contracted with for a reason specified in sub. (4m) (a) 1. to 5., and an entity may employ, contract with, or permit to reside at the entity or permit to reside with a caregiver specified in sub. (1) (ag) 1. am. of the entity a person who otherwise may not be employed, provided payments, contracted with, or permitted to reside at the entity or with that caregiver for a reason specified in sub. (4m) (b) 1. to 5., if the person demonstrates to the department, the county department, the contracted agency, the child welfare agency, or the school board or, in the case of an entity that is located within the boundaries of a reservation, to the person or body designated by the Indian tribe under sub. (5d) (a) 3., by clear and convincing evidence and in accordance with procedures established by the department by rule or by the tribe that he or she has been rehabilitated.

SB426,38 Section 38. The treatment of 48.685 (5m) of the statutes by 2011 Wisconsin Act 32 is not repealed by 2011 Wisconsin Act 87. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.685 (5m) reads:

(5m) Notwithstanding s. 111.335, the department may refuse to license a person to operate an entity, a county department or a child welfare agency may refuse to license a foster home under s. 48.62, the department in a county having a population of 750,000 or more or a county department may refuse to provide subsidized guardianship payments to a person under s. 48.623 (6), and an entity may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the entity or with a caregiver specified in sub. (1) (ag) 1. am. of the entity if the person has been convicted of an offense that is not a serious crime, but that is, in the estimation of the department, county department, child welfare agency, or entity, substantially related to the care of a client. Notwithstanding s. 111.335, the department may refuse to license a person to operate a child care center, the department in a county having a population of 500,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may refuse to certify a child care provider under s. 48.651, a school board may refuse to contract with a person under s. 120.13 (14), and a child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or a child care provider that is certified under s. 48.651 may refuse to employ or contract with a caregiver or permit a nonclient resident to reside at the child care center or child care provider if the person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for an offense that is not a serious crime, but that is, in the estimation of the department, county department, contracted agency, school board, child care center, or child care provider, substantially related to the care of a client.

SB426,39 Section 39. The treatment of 48.685 (6) (am) of the statutes by 2011 Wisconsin Act 87 is not repealed by 2011 Wisconsin Act 258. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.685 (6) (am) reads:

(am) Except as provided in this paragraph, every 4 years an entity shall require all of its caregivers and all nonclient residents of the entity or of a caregiver specified in sub. (1) (ag) 1. am. of the entity to complete a background information form that is provided to the entity by the department. Every year a child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) or a child care provider that is certified under s. 48.651 shall require all of its caregivers and nonclient residents to complete a background information form that is provided to the child care center or child care provider by the department.

SB426,40 Section 40. The treatment of 49.148 (1m) (a) 1. of the statutes by 2011 Wisconsin Act 32 is not repealed by 2011 Wisconsin Act 257. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 49.148 (1m) (a) 1. reads:

1. A custodial parent of a child 8 weeks old or less who meets the eligibility requirements under s. 49.145 (2) and (3), unless another adult member of the custodial parent's Wisconsin Works group is participating in, or is eligible to participate in, a Wisconsin Works employment position or is employed in unsubsidized employment, as defined in s. 49.147 (1).

SB426,41 Section 41. The treatment of 59.70 (1) of the statutes by 2011 Wisconsin Act 146 is not repealed by 2011 Wisconsin Act 150. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective April 1, 2015, s. 59.70 (1) reads:

(1) Building and sanitary codes. The board may enact building and sanitary codes, make necessary rules and regulations in relation thereto and provide for enforcement of the codes, rules and regulations by forfeiture or otherwise. The codes, rules and regulations do not apply within municipalities which have enacted ordinances or codes concerning the same subject matter. "Sanitary code" does not include a private on-site wastewater treatment system ordinance enacted under sub. (5). "Building and sanitary codes" does not include well or heat exchange drillhole ordinances enacted under sub. (6).

SB426,42 Section 42. The treatment of 66.0213 (4) (b) of the statutes by 2011 Wisconsin Act 115 is not repealed by 2011 Wisconsin Act 130. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 66.0213 (4) (b) reads:

(b) The election shall be conducted as prescribed by ch. 6. The inspectors shall make returns to the county clerk who shall, within 14 days after the election, canvass the returns and declare the result. The clerk shall notify the officers-elect and issue certificates of election. If the first election is on the first Tuesday in April the officers elected and their appointees shall commence and hold their offices as for a regular term. Otherwise they shall commence within 14 days and hold their offices until the regular village or city election and the qualification of their successors and the terms of their appointees expire as soon as successors qualify.

SB426,43 Section 43. The treatments of 66.1105 (4) (gm) 4. c. of the statutes by 2011 Wisconsin Acts 32 and 40 are not repealed by 2011 Wisconsin Act 77. All treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 66.1105 (4) (gm) 4. c. reads:

c. Except as provided in subs. (10) (c), (16) (d), (17), and (18) (c) 3., the equalized value of taxable property of the district plus the value increment of all existing districts does not exceed 12 percent of the total equalized value of taxable property within the city. In determining the equalized value of taxable property under this subd. 4. c. or sub. (17) (c), the department of revenue shall base its calculations on the most recent equalized value of taxable property of the district that is reported under s. 70.57 (1m) before the date on which the resolution under this paragraph is adopted. If the department of revenue determines that a local legislative body exceeds the 12 percent limit described in this subd. 4. c. or sub. (17) (c), the department shall notify the city of its noncompliance, in writing, not later than December 31 of the year in which the department receives the completed application or amendment forms described in sub. (5) (b).

SB426,44 Section 44. The treatment of 66.1105 (6) (a) (intro.) of the statutes by 2011 Wisconsin Act 32 is not repealed by 2011 Wisconsin Act 77. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 66.1105 (6) (a) (intro.) reads:

(a) If the joint review board approves the creation of the tax incremental district under sub. (4m), and subject to pars. (ae) and (ag), positive tax increments with respect to a tax incremental district are allocated to the city which created the district or, in the case of a city or village that annexes or attaches a district created under sub. (16), to the annexing or attaching city or village, for each year commencing after the date when a project plan is adopted under sub. (4) (g). The department of revenue may not authorize allocation of tax increments until it determines from timely evidence submitted by the city that each of the procedures and documents required under sub. (4) (d) to (f) has been completed and all related notices given in a timely manner. The department of revenue may authorize allocation of tax increments for any tax incremental district only if the city clerk and assessor annually submit to the department all required information on or before the 2nd Monday in June. The facts supporting any document adopted or action taken to comply with sub. (4) (d) to (f) are not subject to review by the department of revenue under this paragraph. After the allocation of tax increments is authorized, the department of revenue shall annually authorize allocation of the tax increment to the city that created the district until the soonest of the following events:

SB426,45 Section 45. 67.01 (9) (intro.) of the statutes is amended to read:

SB426,15,9 67.01 (9) (intro.) This chapter is not applicable to appropriation bonds issued by a county under s. 59.85 or by a 1st class city under s. 62.62 and, except for ss. 67.08 (1), 67.09, and 67.10, is not applicable:

Note: Inserts missing word.

SB426,46 Section 46. The treatment of 71.26 (2) (a) 4. of the statutes by 2011 Wisconsin Act 212 is not repealed by 2011 Wisconsin Act 232. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 71.26 (2) (a) 4. reads:

4. Plus the amount of the credit computed under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (1dy), (3g), (3h), (3n), (3p), (3q), (3r), (3rm), (3rn), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5r), (5rm), (6n), (8r), and (9s) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, limited liability company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g).

SB426,47 Section 47. 71.28 (5n) (a) 5. b. of the statutes, as affected by 2011 Wisconsin Act 232, is amended to read:

SB426,16,8 71.28 (5n) (a) 5. b. For purposes of subd. 6. 5. a., property owned by the claimant is valued at its original cost and property rented by the claimant is valued at an amount equal to the annual rental paid by the claimant, less any annual rental received by the claimant from sub-rentals, multiplied by 8.

Note: Inserts correct cross-reference. There is no s. 71.28 (5n) (a) 6. a.

SB426,48 Section 48. 71.28 (5n) (a) 5. c. of the statutes, as affected by 2011 Wisconsin Act 232, is amended to read:

SB426,16,15 71.28 (5n) (a) 5. c. For purposes of subd. 6. 5. a., the average value of property is determined by averaging the values at the beginning and ending of the taxable year, except that the secretary of revenue may require the averaging of monthly values during the taxable year, if such averaging is reasonably required to properly reflect the average value of the claimant's property.

Note: Inserts correct cross-reference. There is no s. 71.28 (5n) (a) 6. a.

SB426,49 Section 49. The treatment of 71.45 (2) (a) 10. of the statutes by 2011 Wisconsin Act 212 is not repealed by 2011 Wisconsin Act 232. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 71.45 (2) (a) 10. reads:

10. By adding to federal taxable income the amount of credit computed under s. 71.47 (1dd) to (1dy), (3g), (3h), (3n), (3p), (3q), (3r), (3rm), (3rn), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5r), (5rm), (6n), (8r), and (9s) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, limited liability company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g) and the amount of credit computed under s. 71.47 (1), (3), (3t), (4), (4m), and (5).

SB426,50 Section 50. The treatment of 79.05 (2) (c) of the statutes by 2011 Wisconsin Act 106 is not repealed by 2011 Wisconsin Act 258. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 79.05 (2) (c) reads:

(c) Its municipal budget; exclusive of principal and interest on long-term debt and exclusive of revenue sharing payments under s. 66.0305, recycling fee payments under s. 289.645, unreimbursed expenses related to an emergency declared under s. 323.10, expenditures from moneys received pursuant to P.L. 111-5, and expenditures made pursuant to a purchasing agreement with a school district whereby the municipality makes purchases on behalf of the school district; for the year of the statement under s. 79.015 increased over its municipal budget as adjusted under sub. (6); exclusive of principal and interest on long-term debt and exclusive of revenue sharing payments under s. 66.0305, recycling fee payments under s. 289.645, unreimbursed expenses related to an emergency declared under s. 323.10, expenditures from moneys received pursuant to P.L. 111-5, and expenditures made pursuant to a purchasing agreement with a school district whereby the municipality makes purchases on behalf of the school district; for the year before that year by less than the sum of the inflation factor and the valuation factor, rounded to the nearest 0.10%.

SB426,51 Section 51. The treatment of 84.013 (2) (b) of the statutes by 2011 Wisconsin Act 32 is not repealed by 2011 Wisconsin Act 257. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 84.013 (2) (b) reads:

(b) Except as provided in ss. 84.017 and 84.555, and subject to ss. 84.014 (6) (c) and 86.255, reconditioning, reconstruction and resurfacing of highways shall be funded from the appropriations under ss. 20.395 (3) (cq) to (cx) and 20.866 (2) (uur) and (uut).

SB426,52 Section 52. 102.11 (1) (intro.) of the statutes, as affected by 2011 Wisconsin Acts 183 and 257, is amended to read:

SB426,18,7 102.11 (1) (intro.) The average weekly earnings for temporary disability, permanent total disability, or death benefits for injury in each calendar year on or after January 1, 1982, shall be not less than $30 nor more than the wage rate that results in a maximum compensation rate of 110 percent of the state's average weekly earnings as determined under s. 108.05 as of June 30 of the previous year. The average weekly earnings for permanent partial disability shall be not less than $30 and, for permanent partial disability for injuries occurring on or after 1 April 17, 2012, and before January 1, 2013, not more than $468, resulting in a maximum compensation rate of $312, and, for permanent partial disability for injuries occurring on or after January 1, 2013, not more than $483, resulting in a maximum compensation rate of $322, except as provided in 2011 Wisconsin Act 183, section 30 (2) (a). Between such limits the average weekly earnings shall be determined as follows:

Note: The stricken "1" was inserted by 2011 Wis. Act 257, but rendered surplusage by the treatment by 2011 Wis. Act 183.

SB426,53 Section 53. The treatment of 118.43 (3) (intro.) of the statutes by 2011 Wisconsin Act 32 is not repealed by 2011 Wisconsin Act 105. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 118.43 (3) (intro.) reads:

(3) Contract requirements. Except as provided in pars. (am), (ar), (at), and (av) and sub. (3r), an achievement guarantee contract shall require the school board to do all of the following in each participating school:

SB426,54 Section 54. The treatment of 118.43 (6) (b) 10. of the statutes by 2011 Wisconsin Act 32 is not repealed by 2011 Wisconsin Act 105. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 118.43 (6) (b) 10. reads:

10. In the 2010-11 school year and any subsequent school year, $2,250 multiplied by the number of low-income pupils enrolled in a grade eligible for funding, and in a class in which the class size has been reduced in the manner required under sub. (3) (a), (am), (ar), or (at) or permitted under sub. (3m), in each school in the school district covered by contracts under sub. (3) (at) and (av) and by renewals of contracts under sub. (2) (g).

SB426,55 Section 55. 118.51 (3) (a) 6. of the statutes, as affected by 2011 Wisconsin Acts 32 and 114, is amended to read:

SB426,19,2 118.51 (3) (a) 6. Except as provided in sub. (5) (d) 2., if an application is accepted, on or before the last Friday in June following receipt of a notice of acceptance, or within 10 days of receiving a notice of acceptance if a pupil is selected from a waiting list under sub. (5) (d) or, the pupil's parent shall notify the nonresident school board of the pupil's intent to attend school in that school district in the following school year.

Note: 2011 Wis. Act 114 amended s. 118.51 (3) (a) 6. without taking cognizance of the amendment by 2011 Wis. Act 32. There is no mutual inconsistency between the 2 acts. Act 32 repealed s. 118.40 (8) (h) 5. and removed language regarding waiting lists under that provision. Act 114 made the language regarding waiting lists under s. 118.40 (8) (h) 5. applicable to waiting lists under s. 118.51 (5) (d). The underscored language was deleted by Act 32, but is reinserted to give effect to Act 114. The stricken "or" was inserted by Act 114 but was rendered surplusage by the Act 32 treatment.

SB426,56 Section 56. The treatment of 118.51 (3) (b) of the statutes by 2011 Wisconsin Act 32 is not repealed by 2011 Wisconsin Act 114. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 118.51 (3) (b) reads:

(b) Notice to resident school district. Annually by July 7, each nonresident school board that has accepted a pupil under this section for attendance in the following school year shall report the name of the pupil to the pupil's resident school board.

SB426,57 Section 57. The treatment of 119.23 (2) (a) 1. a. of the statutes, by 2011 Wisconsin Act 47, section 13, is not repealed by 2011 Wisconsin Act 47, section 14. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 119.23 (2) (a) 1. a. reads:

a. The pupil is a member of a family that has a total family income that does not exceed an amount equal to 3.0 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. In this subdivision and sub. (3m), family income includes income of the pupil's parents or legal guardians. The family income of the pupil shall be verified as provided in subd. 1. b. A pupil attending a private school under this section whose family income increases, including a pupil who attended a private school under this section in the 2010-11 school year and whose family income has increased, may continue to attend a private school under this section.

SB426,58 Section 58. 125.295 (2) (c) of the statutes is amended to read:

SB426,20,5 125.295 (2) (c) If an applicant under par. (a) holds any license or permit prohibited under par. (a) 6. at the time of its application, the applicant may certify that the applicant will surrender any such license or permit upon issuance of a permit under this section. If the department issues a permit under this section and the applicant fails to surrender any license or permit prohibited under par. (a) 6., the department may revoke under s. 125.12 (5) the permit issued under this section. An applicant is not required to surrender any Class "B" license issued under s. 125.31 (1) (a) 2., 2009 stats., or under s. 125.31 (1) (a) 3., 2005 stats., if the applicant's continued possession of the license is consistent with subs. (1) (h), (2) (a) 4., and (3) (b) and (c).

Note: Section 125.31 was repealed by 2011 Wis. Act 32.

SB426,59 Section 59. The treatment of 145.20 (5) (am) of the statutes by 2011 Wisconsin Act 134 is not repealed by 2011 Wisconsin Act 146. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 145.20 (5) (am) reads:

(am) Each governmental unit responsible for the regulation of private on-site wastewater treatment systems shall adopt and begin the administration of the program established under par. (a) before October 1, 2019. As part of adopting and administering the program, the governmental unit shall conduct and maintain an inventory of all the private on-site wastewater treatment systems located in the governmental unit and shall complete the initial inventory before October 1, 2017. In order to be eligible for grant funding under s. 145.245, a governmental unit must comply with these deadlines.

SB426,60 Section 60. The treatment of 146.40 (2m) of the statutes by 2011 Wisconsin Act 120 is not repealed by 2011 Wisconsin Act 126. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 146.40 (2m) reads:

(2m) A nursing home or intermediate care facility for persons with an intellectual disability, whether or not the nursing home or intermediate care facility is a certified provider of medical assistance, may not employ or contract for the services of an individual as a feeding assistant, regardless of the title under which the individual is employed or contracted for, unless the individual has successfully completed a state-approved training and testing program, as specified by the department by rule. Any relevant education, training, instruction, or other experience that an individual has obtained in connection with any military service, as defined in s. 111.32 (12g), counts toward satisfying the requirement to complete the state-approved training program under this subsection, if the individual or the nursing home or intermediate care facility demonstrates to the satisfaction of the department that the education, training, instruction, or other experience obtained by the individual is substantially equivalent to the state-approved training program.

SB426,61 Section 61. 182.017 (7) (intro.) and (a) of the statutes are renumbered 182.017 (7) (ag) and (ar).

Note: Section 182.017 (7) (intro.) is not constructed as an introduction under current style and is not introductory to the remainder of the paragraphs in the subsection.

SB426,62 Section 62. 218.0142 (10) of the statutes is amended to read:

SB426,21,4 218.0142 (10) All transactions which that constitute consumer transactions (, as defined under s. 421.301 (13)), are subject to chs. 421 to 427, in addition to ss. 218.0101 to 218.0163.

Note: Conforms provision to current style.

SB426,63 Section 63. 227.135 (2) of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

SB426,21,18 227.135 (2) An agency that has prepared a statement of the scope of the proposed rule shall present the statement to the governor and to the individual or body with policy-making powers over the subject matter of the proposed rule for approval. The agency may not send the statement to the legislative reference bureau for publication under sub. (3) until the governor issues a written notice of approval of the statement. The individual or body with policy-making powers may not approve the statement until at least 10 days after publication of the statement under sub. (3). No state employee or official may perform any activity in connection with the drafting of a proposed rule except for an activity necessary to prepare the statement of the scope of the proposed rule until the governor and the individual or body with policy-making powers over the subject matter of the proposed rule approves approve the statement.

Note: Corrects grammar.

SB426,64 Section 64. 227.24 (1) (e) 1d. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB426,22,9 227.24 (1) (e) 1d. Prepare a statement of the scope of the proposed emergency rule as provided in s. 227.135 (1), obtain approval of the statement as provided in s. 227.135 (2), and send the statement to the legislative reference bureau for publication in the register as provided in s. 227.135 (3). If the agency changes the scope of a proposed emergency rule as described in s. 227.135 (4), the agency shall prepare and obtain approval of a revised statement of the scope of the proposed emergency rule as provided in s. 227.135 (4). No state employee or official may perform any activity in connection with the drafting of a proposed emergency rule except for an activity necessary to prepare the statement of the scope of the proposed emergency rule until the governor and the individual or body with policy-making powers over the subject matter of the proposed emergency rule approves approve the statement.

Note: Corrects grammar.

SB426,65 Section 65. 227.41 (5) (d) 2. of the statutes, as created by 2011 Wisconsin Act 68, is amended to read:

SB426,22,20 227.41 (5) (d) 2. If the department determines that it does not have sufficient facts from which to issue a declaratory ruling, the department may deny the petition. If the department determines that it has sufficient facts from which to issue a declaratory ruling, the department shall issue a ruling on the merits of the petition no later than 180 days after the determination, unless the deadline is extended by written agreement of all parties. The ruling may deny the petition on the grounds that the petition is frivolous, a justiciable controversy does not exist, the ruling would not provide guidance on matters of general applicability, or that the ruling would substitute for other procedures available to the parties for resolution of the dispute.

Note: Inserts a missing word.

SB426,66 Section 66. The treatment of 230.03 (3) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 229. Both treatments stand.