SB641: Bill Text

LRB-4037/1

BJH:cjs:jf

2013 - 2014 LEGISLATURE

2013 Senate BILL 641

February 28, 2014 - Introduced by Law Revision Committee. Referred to Committee on Judiciary and Labor.

SB641,1,2 An Act relating to: revising various provisions of the statutes for the purpose of supplying omissions and eliminating defects (Correction Bill).

Analysis by the Legislative Reference Bureau

This correction bill, prepared by the Legislative Reference Bureau under s. 13.92 (1) (bm) 1. and 2. and (2) (i) and (L), stats. is explained in the Notes in the body of the bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB641,1 Section 1. The treatment of 14.11 (2) (b) of the statutes by 2013 Wisconsin Act 20 is not repealed by 2013 Wisconsin Act 105. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 14.11 (2) (b) reads:

(b) When special counsel is employed, a contract in writing shall be entered into between the state and such counsel, in which shall be fixed the compensation to be paid such counsel by the state. If the compensation is being determined on a contingent fee basis, the contract is subject to s. 20.9305. The contract shall be executed in behalf of the state by the governor, and shall be filed in the office of the secretary of state. Such compensation shall be charged to the special counsel appropriation in s. 20.505 (1) (d).

SB641,2 Section 2. 29.216 (2) of the statutes, as affected by 2013 Wisconsin Act 61, is amended to read:

SB641,2,3 29.216 (2) Authorization. The nonresident archer hunting license authorizes the hunting of all game, except bear, elk, wild turkey, and fur-bearing animals, during the open season for the hunting of that game with a bow and arrow.

Note: Restores a previously existing subsection title. The amendment of s. 29.216 (2) by 2013 Wis. Act 61 did not include the subsection title in accordance with current drafting style. There was no intent to remove the title.

SB641,3 Section 3. The treatment of 29.563 (12) (a) 2. of the statutes by 2013 Wisconsin Act 55 is not repealed by 2013 Wisconsin Act 61. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 29.563 (12) (a) 2. reads:

2. Archer, crossbow, sports, or conservation patron, except as provided in subd. 2m: $14.25 if deer tags are included; $11.25 after open season and deer tags are not included.

SB641,4 Section 4 . 49.496 (3) (aj) 2. of the statutes, as affected by 2013 Wisconsin Act 92, is repealed and recreated to read:

SB641,2,12 49.496 (3) (aj) 2. There is a presumption, consistent with s. 766.31, which may be rebutted, that all property in the estate of a nonrecipient surviving spouse was marital property held with the recipient and that 100 percent of the property in the estate of the nonrecipient surviving spouse is subject to the department's claim under par. (a).

Note: This section does not alter the text of s. 49.496 (3) (aj) 2., as affected by 2013 Wis. Act 92. The purpose of this section is to correct a drafting error in section 352 (1) of Act 92. As a result of the error, the effective date of the Act 92 treatment of s. 49.496 (3) (aj) 2. is unclear.

Under Act 92, section 352 (intro.), the general effective date for that act is 7-1-14. Section 352 (1) of Act 92 specifies that the effective date for the treatment of estate recovery charges, including the treatment of s. 49.496 (3m) (aj) 2., is the day after publication, which was 12-15-13. Act 92 contains no treatment of s. 49.496 (3m) (aj) 2. and there is no provision numbered s. 49.496 (3m). The inclusion of s. 49.496 (3m) (aj) 2. in section 352 (1) of Act 92 is clearly erroneous. The subject matter of s. 49.496 (3) is recovery from estates. Drafting records do not indicate that the treatment of s. 49.496 (3) (aj) 2. was intended to be other than the day after publication of Act 92.

The repeal and recreation of s. 49.496 (3) (aj) 2. in this bill is solely to ensure that the treatment of s. 49.496 (3) (aj) 2. by Act 92 takes effect no later than the effective date of this bill. It is not intended to preclude the possibility that the treatment of s. 49.496 (3) (aj) 2. was effective on 12-15-13.

SB641,5 Section 5 . 49.496 (3) (dm) 2. of the statutes, as affected by 2013 Wisconsin Act 92, is repealed and recreated to read:

SB641,3,4 49.496 (3) (dm) 2. The department shall release the lien in the circumstances described in s. 49.849 (4) (c) 2.

Note: This section does not alter the text of s. 49.496 (3) (dm) 2., as affected by 2013 Wis. Act 92. The purpose of this section is to correct a drafting error in section 352 (1) of Act 92. As a result of the error, the effective date of the Act 92 treatment of s. 49.496 (3) (dm) 2. is unclear.

Under Act 92, section 352 (intro.), the general effective date for that act is 7-1-14. Section 352 (1) of Act 92 specifies that the effective date for the treatment of estate recovery charges, including the treatment of s. 49.496 (3m) (dm) 2., is the day after publication, which was 12-15-13. Act 92 contains no treatment of s. 49.496 (3m) (dm) 2. and there is no provision numbered s. 49.496 (3m). The inclusion of s. 49.496 (3m) (dm) 2. in section 352 (1) of Act 92 is clearly erroneous. The subject matter of s. 49.496 (3) is recovery from estates. Drafting records do not indicate that the treatment of s. 49.496 (3) (dm) 2. was intended to be other than the day after publication of Act 92.

The repeal and recreation of s. 49.496 (3) (dm) 2. in this bill is solely to ensure that the treatment of s. 49.496 (3) (dm) 2. by Act 92 takes effect no later than the effective date of this bill. It is not intended to preclude the possibility that the treatment of s. 49.496 (3) (dm) 2. was effective on 12-15-13.

SB641,6 Section 6. 60.23 (32) (b) 1. of the statutes, as created by 2013 Wisconsin Acts 50 and 51, is amended to read:

SB641,3,8 60.23 (32) (b) 1. In this paragraph, "town" means the town of Brookfield in Waukesha County or the town of Somers in Kenosha County.

Note: Inserts language made necessary by the merger of the provisions created as s. 60.23 (32) (b) 1. by 2013 Wis. Acts 50 and 51.

SB641,7 Section 7. 60.23 (32) (d) of the statutes, as created by 2013 Wisconsin Acts 50 and 51, is amended to read:

SB641,4,4 60.23 (32) (d) If after January 1 a city or village annexes any part of a tax incremental district that is created as provided under par. (b) 2., the department of revenue shall redetermine the tax incremental base of the district by subtracting from the tax incremental base the value of the taxable property that is annexed from the existing district as of the following January 1, and if the annexation becomes effective on January 1 of any year, the redetermination shall be made as of that date. The tax incremental base as redetermined under this paragraph is effective for the purposes of this paragraph and par. (b) only if it is less than the original tax incremental base determined under s. 66.1105 (5) (a).

Note: Inserts missing word.

SB641,8 Section 8. 60.85 (5) (d) 2. of the statutes is amended to read:

SB641,4,14 60.85 (5) (d) 2. If after January 1 a city or village annexes town territory that contains part of a tax incremental district that is created by the town, the department of revenue shall redetermine the tax incremental base of the district by subtracting from the tax incremental base the value of the taxable property that is annexed from the existing district as of the following January 1, and if the annexation becomes effective on January 1 of any year, the redetermination shall be made as of that date. The tax incremental base as redetermined under this subdivision is effective for the purposes of this section only if it is less than the original tax incremental base determined under par. (b).

Note: Inserts missing word.

SB641,9 Section 9. 62.233 (2) (b) of the statutes, as created by 2013 Wisconsin Act 80, is amended to read:

SB641,4,20 62.233 (2) (b) For a city that incorporated after April 30, 1994, under s. 66.0203, 66.0211, 66.0213, or 66.025 66.0215, a shoreland that before incorporation as a city was part of a town that was subject to a county shoreland zoning ordinance under s. 59.692.

Note: Inserts correct cross-reference. There is no s. 66.025. Section 66.0215 relates to incorporation of certain towns adjacent to 1st class cities.

SB641,10 Section 10. 108.02 (4m) of the statutes, as affected by 2013 Wisconsin Act 36, is amended to read:

SB641,5,1 108.02 (4m) Base period wages. "Base period wages" means all of the following:

SB641,5,7 (a) All earnings for wage-earning service which that are paid to an employee during his or her base period as a result of employment for an employer except any payment made to or on behalf of an employee or his or her beneficiary under a cafeteria plan within the meaning of 26 USC 125, if the payment would not be treated as wages without regard to that plan and if 26 USC 125 would not treat the payment as constructively received;.

SB641,5,10 (b) All sick pay which that is paid directly by an employer to an employee at the employee's usual rate of pay during his or her base period as a result of employment for an employer;.

SB641,5,12 (c) All holiday, vacation, and termination pay which that is paid to an employee during his or her base period as a result of employment for an employer ;.

SB641,5,19 (d) For an employee who, as a result of employment for an employer, receives temporary total disability or temporary partial disability payments under ch. 102 or under any federal law which provides for payments on account of a work-related injury or illness analogous to those provided under ch. 102, all payments that the employee would have been paid during his or her base period as a result of employment for an employer, but not exceeding the amount that, when combined with other wages, the employee would have earned but for the injury or illness;.

SB641,5,23 (e) Back pay that an employee would have been paid during his or her base period as a result of employment for an employer, if the payment of the back pay is made no later than the end of the 104-week period beginning with the earliest week to which the back pay applies;.

SB641,6,2 (f) All wages that an employer was legally obligated to pay in an employee's base period but failed to pay, or was prohibited from paying as a result of an insolvency proceeding under ch. 128 or as a result of a bankruptcy proceeding under 11 USC 101 et seq.; and

Note: Conforms (intro.) structure and subsequent punctuation to current style. Replaces "which" with "that" for internal consistency and correct grammar.