AB950: Bill Text

AB950,23,25 108.04 (8) (b) There is a rebuttable presumption that an employee has failed, without good cause, to accept suitable work when offered if the department determines, based on a report submitted by an employing unit in accordance with s. 108.133 (4), that the employing unit required, as a condition of an offer of employment, that the employee submit to a test for the presence of controlled substances and withdrew the conditional offer after the employee either declined to submit to such a test or tested positive for one or more controlled substances without evidence of a valid prescription for each controlled substance for which the employee tested positive. In the case of the employee declining to submit to such a test, the employee shall be ineligible for benefits until the employee again qualifies for benefits in accordance with the rules promulgated under this paragraph. In the case of the employee testing positive in such a test without evidence of a valid prescription, the employee shall be ineligible for benefits until the employee again qualifies for benefits in accordance with the rules promulgated under this paragraph, except that the employee may maintain his or her eligibility for benefits in the same manner as is provided in s. 108.133 (3) (d). The department shall promulgate rules identifying a period of ineligibility that must elapse or a requalification requirement that must be satisfied, or both, in order for an employee who becomes ineligible for benefits as provided in this paragraph to again qualify for benefits and specifying how a claimant may overcome the presumption in this paragraph. The department shall charge to the fund's balancing account any benefits otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18 whenever an employee of that employer fails, without good cause, to accept suitable work as described in this paragraph.

Note: Inserts missing article.

AB950,60 Section 60. 111.825 (7) of the statutes, as created by 2011 Wisconsin Act 32, is amended to read:

AB950,24,9 111.825 (7) Notwithstanding sub. (3), if on July 1, 2015, an employee of the University of Wisconsin System is assigned to a collective bargaining unit under s. 111.825 (2) (a), (b), (c), (g), (h), or (i), 2013 stats., or sub. (1) or (2) (a), (b), (c), (g), (h), or (i) the commission shall assign the person to the corresponding collective bargaining unit under sub. (1r) or (1t), whichever is appropriate. Except as otherwise provided in this subchapter, the commission may not assign any other persons to the collective bargaining units under sub. (1r) or (1t).

Note: Section 111.825 (2) (a), (b), (c), (g), (h), and (i) were renumbered effective July 1, 2015, by 2011 Wis. Act 32. The cross-reference is changed to reflect the law in effect immediately prior to the renumbering.

AB950,61 Section 61. 115.7915 (4m) (e) 2. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB950,24,21 115.7915 (4m) (e) 2. If a child who has been determined to be ineligible under subd. 1. continues to attend the private school he or she attended under a scholarship awarded under par. (a), for each school year the child attends the private school beginning with the school year following the determination under subd. 1., the department shall pay, from the appropriation under s. 20.255 (2) (az), to the private school, on behalf of the child's parent or guardian, an amount equal to the appropriate per pupil amount paid to a private school participating in a parental choice program under s. 118.60 or 119.23 in that school year. The department shall make scholarship payments under this paragraph in accordance with the payment schedule specified in s. 119.23 (4) (c).

Note: Inserts missing article.

AB950,62 Section 62. 118.40 (2r) (b) 2. i. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB950,25,5 118.40 (2r) (b) 2. i. A requirement that the charter school governing board provide the data needed by the entity under subd. 1. for purposes of making the report required under sub. (3m) (a) 6 (f).

Note: Corrects a cross-reference. Section 118.40 (3m) (f) relates to reports to the state superintendent by entities. Section 118.40 (3m) (f) was originally drafted as s. 118.40 (3m) (a) 6., but was renumbered s. 118.40 (3m) (f) when s. 118.40 (3m) (b) was removed from the bill that became 2015 Wis. Act 55.

AB950,63 Section 63. 118.51 (12) (a) (title) of the statutes is repealed.

Note: Section 118.51 (12) (a) was renumbered to s. 118.51 (12) by 2015 Wis. Act 55 without accounting for the paragraph title. Section 118.51 (12) has an existing title, rendering the paragraph title surplusage. The paragraph title has been removed from the published statutes.

AB950,64 Section 64. 118.60 (3) (ar) 4. and 5. of the statutes, as affected by 2015 Wisconsin Act 55, are amended to read:

AB950,25,12 118.60 (3) (ar) 4. For each school district in which private schools received applications under subd. 1. that exceeded the school district's pupil participation limit under sub. (2) (be), the department shall establish a waiting list in accordance with the preferences required under subd. 3. b.

AB950,26,2 5. A private school that has accepted a pupil who resides in a school district, other than an eligible school district or a 1st class city school district, under this paragraph shall notify the department whenever the private school determines that a pupil will not attend the private school under this paragraph. If, upon receiving notice under this subdivision, the department determines that the number of pupils attending private schools under this section falls below a school district's pupil participation limit under sub. (2) (be), the department shall fill any available slot in that school district with a pupil selected from the school district's waiting list established under subd. 4., if such a waiting list exists.

Note: Corrects cross-reference. Section 118.60 (2) (be) establishes pupil participation limits. Inserts missing "list" as indicated by the use of "such a waiting list."

AB950,65 Section 65. The treatment of 119.04 (1) of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 92. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 119.04 (1) reads:

(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.363, 115.365 (3), 115.38 (2), 115.415, 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board but not, unless explicitly provided in this chapter or in the terms of a contract, to the commissioner or to any school transferred to an opportunity schools and partnership program.

AB950,66 Section 66. 119.61 (1) (c) 3. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB950,26,9 119.61 (1) (c) 3. The number of hours of pupil instruction offered in the school building in the previous school year was less than 80 percent of the number of hours of pupil instruction required to be scheduled under s. 121.02 (1) (f) 2.

Note: Corrects cross-reference. There is no s. 121.02 (1) (f) 2. Section 121.02 (1) (f) provides the number of hours of pupil instruction that school boards are required to schedule.

AB950,67 Section 67. 119.9003 (4) (c) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB950,27,2 119.9003 (4) (c) The commissioner may enter into a lease with an education operator to operate a school in a vacant or underutilized school building obtained by the commissioner in the manner provided under s. 119.61 (3) (a). The commissioner shall count a school operated by an education operator under this paragraph towards the limit on schools in the opportunity schools and partnership program under s. 119.9002 (2) (a), but not for purposes of performance benchmarking.

Note: Corrects cross-reference. Section 119.9002 (2) (a) establishes the limit on schools in the opportunity schools and partnership program.

AB950,68 Section 68. 153.455 (2) of the statutes is amended to read:

AB950,27,4 153.455 (2) Subsection (1) does not apply to ss. 153.21 (1) and 153.60 (1).

Note: Corrects cross-reference. There is no s. 153.60 (1). Section 153.60 (intro.) and (1) were consolidated, renumbered s. 153.60, and amended by 2015 Wis. Act 55.

AB950,69 Section 69. 153.75 (1) (k) of the statutes is repealed.

Note: Section 153.75 (1) (k) authorized rulemaking "establishing methods and criteria for assessing health care providers under s. 153.60 (1)." 2015 Wis. Act 55 consolidated and renumbered s. 153.60 (intro.) and (1) to be s. 153.60 and amended s. 153.60, as renumbered. The amendment of s. 153.60 by Act 55 deleted the provision for the assessment of health care providers in the former s. 153.60 (1), rendering s. 153.75 (1) (k) without effect.

AB950,70 Section 70. 230.08 (2) (rm) of the statutes is repealed.

Note: Section 230.38 (2) (rm) reads: "Staff of the environmental education board." The environmental education board is eliminated effective July 1, 2017, as a result of the repeal of ss. 15.915 (6) and 36.54 by 2015 Wis. Act 55, leaving this provision without effect.

AB950,71 Section 71. The treatment of 230.12 (3) (e) 2. of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 58. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 230.12 (3) (e) 2. reads:

2. The administrator, after receiving recommendations from the board of the Wisconsin Technical College System, shall submit to the joint committee on employment relations a proposal for adjusting compensation and employee benefits for the director and executive assistant of the Wisconsin Technical College System. The proposal shall include the salary ranges and adjustments to the salary ranges for the general senior executive salary groups established under s. 20.923 (7). Paragraph (b) and sub. (1) (bf) shall apply to the process for approval of all pay adjustments for such employees. The proposal as approved by the joint committee on employment relations and the governor shall be based upon a percentage of the budgeted salary base for such employees under s. 20.923 (7).

AB950,72 Section 72. The treatment of 230.26 (1) of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 58. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 230.26 (1) reads:

(1) The director may provide by rule for selection and appointment for limited term appointments, which are provisional appointments or appointments for less than 1,040 hours per year.

AB950,73 Section 73. The treatment of 254.71 (3) of the statutes by 2015 Wisconsin Act 9 is not repealed by 2015 Wisconsin Act 55. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, and as renumbered from s. 254.71 (3) by 2015 Wis. Acts 9 and 55, s. 97.33 (3) (intro.) reads, effective 7-1-16:

(3) Each certificate is valid for 5 years from the date of issuance and, except as provided in s. 93.135, may be renewed by the certificate holder if he or she satisfactorily completes all of the following:

AB950,74 Section 74. The treatment of 256.01 (9) of the statutes by 2015 Wisconsin Act 83 is not repealed by 2015 Wisconsin Act 113. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 256.01 (9) reads:

(9) "First responder" means a person who is certified by the department as a first responder under s. 256.15 (8) (a) or is exempt under s. 256.15 (2) (b) or (c) and who, as a condition of employment or as a member of an organization that provides emergency medical care before hospitalization, provides emergency medical care to a sick, disabled or injured individual.

AB950,75 Section 75. 440.45 (1) (title) of the statutes, as created by 2015 Wisconsin Act 16, is repealed.

Note: No other subsections in section 440.45 have titles.

AB950,76 Section 76. The treatment of 450.03 (1) (e) of the statutes by 2015 Wisconsin Act 3 is not repealed by 2015 Wisconsin Act 55. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 450.03 (1) (e) reads:

(e) Any person lawfully practicing within the scope of a license, permit, registration, certificate, or certification granted to provide home medical oxygen under s. 450.076, to practice professional or practical nursing or nurse-midwifery under ch. 441, to practice dentistry or dental hygiene under ch. 447, to practice medicine and surgery under ch. 448, to practice optometry under ch. 449 or to practice veterinary medicine under ch. 89, or as otherwise provided by statute.

AB950,77 Section 77. 450.16 (1) (intro.) and (b) of the statutes are consolidated, renumbered 450.16 (1) and amended to read:

AB950,28,12 450.16 (1) As used in In this section: (b) "Vending, "vending machine" has the meaning given under s. 450.155 (1) (L).

Note: See the next section of this bill. "As used in" is replaced with "in" and "given" is inserted for conformity with current style.

AB950,78 Section 78. 450.16 (1) (a) of the statutes is repealed.

Note: Removes unnecessary definition. Section 450.16 (1) (a) provides a definition of "contraceptive article" as the term is used in s. 450.16, but "contraceptive article" is not contained in s. 450.16.

AB950,79 Section 79. 632.87 (2m) (a) (intro.), 1., 2., 3. and 4. of the statutes are renumbered 632.87 (2m) (intro.), (am), (b), (c) and (d), and 632.87 (2m) (b), as renumbered, is amended to read:

AB950,29,9 632.87 (2m) (b) Fail to provide to persons covered by the health maintenance organization or preferred provider plan, at the time vision care services or procedures are needed, the opportunity to choose optometrists from the listing under subd. 1. par. (am) from whom the persons may obtain covered vision care services and procedures within the scope of the practice of optometry, as defined in s. 449.01 (1).

Note: Section 632.87 (2m) is not divided into multiple paragraphs.

AB950,80 Section 80. 632.897 (10) (a) 3. of the statutes is amended to read:

AB950,29,16 632.897 (10) (a) 3. The fact that the group member or insured does not claim the child as an exemption for federal income tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state income tax purposes under s. 71.07 (8) (b) or under the laws of another state, if a court order under s. 767.513 or the laws of another state assigns responsibility for the child's health care expenses to the group member or insured.

Note: Corrects cross-reference. 26 USC 151 (c), which provides exemptions for dependents for federal income tax purposes, does not contain subdivisions.

AB950,81 Section 81. 751.20 of the statutes is amended to read:

AB950,30,2 751.20 Transfer authority. Notwithstanding s. 20.680 (2) (a) to (ke) and (4) (a) to (h) (L), the supreme court may transfer money from the appropriations under s. 20.680 (2) (a) to (ke) and (4) (a) to (h) (L) to the appropriation under s. 20.670 (1) (k) for the purposes of the judicial council under s. 758.13.

Note: Corrects cross-references. Section 20.680 (4) (a) to (h) consisted of s. 20.680 (4) (a), (g), and (h). Section 20.680 (4) (a) and (h) were repealed by 2015 Wis. Act 55. Section 20.680 (4) (g) was renumbered s. 20.680 (2) (L) by 2015 Wis. Act 55.

AB950,82 Section 82. 755.01 (4) of the statutes, as affected by 2015 Wisconsin Act 117, is amended to read:

AB950,30,22 755.01 (4) Two or more cities, towns or villages of this state may enter into an agreement under s. 66.0301 for the joint exercise of the power granted under sub. (1), except that for purposes of this subsection, any agreement under s. 66.0301 shall be effected by the enactment of identical ordinances by each affected city, town or village. Electors of each municipality entering into the agreement shall be eligible to vote for the judge of the municipal court so established. If a municipality enters into an agreement with a municipality that already has a municipal court, the municipalities may provide by ordinance or resolution that the judge for the existing municipal court shall serve as the judge for the joint court until the end of the term or until a special election is held under s. 8.50 (4) (fm). Each municipality shall adopt an ordinance or bylaw under sub. (1) prior to entering into the agreement. The contracting municipalities need not be contiguous and need not all be in the same county. Upon entering into or discontinuing such an agreement, the contracting municipalities shall each transmit a certified copy of the ordinance or bylaw effecting or discontinuing the agreement to the appropriate filing officer under s. 11.0102 (1) (c) and to the director of state courts. When a municipal judge is elected under this subsection, candidates shall be nominated by filing nomination papers under s. 8.10 (6) (bm), and shall register with the filing officer specified in s. 11.0102 (1) (c).

Note: Inserts the correct cross-reference. 2015 Wis. Act 117 struck "11.02 (3e)" in two places but did not insert the new cross-reference for filing officers in the second instance. Section 11.0102 (1) (c), as created by 2015 Wis. Act 117, identifies the filing officer for municipal judges elected under s. 755.01 (4).

AB950,83 Section 83. 767.511 (1) (b) of the statutes is amended to read:

AB950,31,12 767.511 (1) (b) Ensure that the parties have stipulated which party, if either is eligible, will claim each child as an exemption for federal income tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state income tax purposes under s. 71.07 (8) (b) or under the laws of another state. If the parties are unable to reach an agreement about the tax exemption for each child, the court shall make the decision in accordance with state and federal tax laws. In making its decision, the court shall consider whether the parent who is assigned responsibility for the child's health care expenses under s. 767.513 is covered under a health insurance policy or plan, including a self-insured plan, that is not subject to s. 632.897 (10) and that conditions coverage of a dependent child on whether the child is claimed by the insured parent as an exemption for purposes of federal or state income taxes.

Note: Corrects cross-reference. 26 USC 151 (c), which provides exemptions for dependents for federal income tax purposes, does not contain subdivisions.

AB950,84 Section 84. 767.805 (4) (c) of the statutes is amended to read:

AB950,31,16 767.805 (4) (c) A determination as to which parent, if eligible, shall have the right to claim the child as an exemption for federal tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state tax purposes under s. 71.07 (8) (b).

Note: Corrects cross-reference. 26 USC 151 (c), which provides exemptions for dependents for federal income tax purposes, does not contain subdivisions.

AB950,85 Section 85. 767.89 (3) (d) of the statutes is amended to read:

AB950,31,20 767.89 (3) (d) A determination as to which parent, if eligible, shall have the right to claim the child as an exemption for federal tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state tax purposes under s. 71.07 (8) (b).

Note: Corrects cross-reference. 26 USC 151 (c), which provides exemptions for dependents for federal income tax purposes, is not subdivided.

AB950,86 Section 86. 812.30 (9) of the statutes is amended to read:

AB950,32,6 812.30 (9) "Need-based public assistance" means aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under s. 59.53 (21), medical assistance, supplemental security income, food stamps, or benefits received by veterans under s. 45.40 (1m) or under 38 USC 501 to 562 1501 to 1562.

Note: 38 USC 501 to 562 were renumbered 38 USC 1501 to 1562 by P.L. 102-83.

AB950,87 Section 87. 812.44 (4) (form) paragraph 2. of the statutes is amended to read:

AB950,32,8 812.44 (4) (form)

AB950,32,14 2. You receive aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section s. 59.53 (21) of the Wisconsin Statutes, medical assistance, supplemental security income, food stamps, or veterans benefits based on need under 38 USC 501 to 562 1501 to 1562 or section 45.351 (1) of the Wisconsin Statutes, or have received these benefits within the past 6 months.

Note: 38 USC 501 to 562 were renumbered 38 USC 1501 to 1562 by P.L. 102-83.

AB950,88 Section 88. 812.44 (5) (form) paragraph 2. of the statutes is amended to read:

AB950,32,16 812.44 (5) (form)

AB950,32,22 ... 2. I receive, am eligible for, or have within 6 months received, aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section 59.53 (21) of the Wisconsin Statutes, medical assistance, supplemental security income, food stamps, or veterans benefits based on need under 38 USC 501 to 562 1501 to 1562 or section 45.351 (1) of the Wisconsin Statutes.

Note: 38 USC 501 to 562 were renumbered 38 USC 1501 to 1562 by P.L. 102-83.

AB950,89 Section 89. 814.29 (1) (d) 1. of the statutes is amended to read:

AB950,33,6 814.29 (1) (d) 1. That the person is a recipient of means-tested public assistance, including aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under s. 59.53 (21), medical assistance, supplemental security income, food stamps or benefits received by veterans under s. 45.40 (1m) or under 38 USC 501 to 562 1501 to 1562.