AB847: Bill Text

AB847,28,14 751.20 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 Section 20.680 (4) (a) and (h) were repealed by 2015 Wis.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.

AB847,79 Section 79. 755.01 (4) of the statutes, as affected by 2015 Wisconsin Act 117, is amended to read:

AB847,29,13 755.01 (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).

AB847,80 Section 80. 767.511 (1) (b) of the statutes is amended to read:

AB847,30,2 767.511 (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.

AB847,81 Section 81. 767.805 (4) (c) of the statutes is amended to read:

AB847,30,6 767.805 (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.

AB847,82 Section 82. 767.89 (3) (d) of the statutes is amended to read:

AB847,30,10 767.89 (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, does not contain subdivisions.

AB847,83 Section 83. 812.30 (9) of the statutes is amended to read:

AB847,30,16 812.30 (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.

AB847,84 Section 84. 812.44 (4) (form) paragraph 2. of the statutes is amended to read:

AB847,30,18 812.44 (4) (form)

AB847,31,4 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.

AB847,85 Section 85. 812.44 (5) (form) paragraph 2. of the statutes is amended to read:

AB847,31,6 812.44 (5) (form)

AB847,31,12 ... 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.

AB847,86 Section 86. 814.29 (1) (d) 1. of the statutes is amended to read:

AB847,31,18 814.29 (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.

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

AB847,87 Section 87. 895.65 (16) (c) of the statutes, as created by 2015 Wisconsin Act 94, is amended to read:

AB847,31,22 895.65 (16) (c) The structured settlement agreement is expressly governed by the laws of the this state.

Note: Inserts correct term, consistent with s. 895.65 (16) (a) and (b).

AB847,88 Section 88. The treatment of 938.355 (4m) (b) of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 80. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 1-1-16, s. 938.355 (4m) (b) reads:

(b) The court shall expunge the court's record of a juvenile's adjudication if it was the juvenile's first adjudication based on a violation of s. 942.08 (2) (b), (c), or (d) or (3), and if the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order. Notwithstanding s. 938.396 (2), the court shall notify the department of corrections and the department of children and families promptly of any expungement under this paragraph.

AB847,89 Section 89. 938.50 (title) of the statutes, as affected by 2015 Wisconsin Act 55, section 4703bm, is amended to read:

AB847,32,6 938.50 (title) Examination of juveniles under supervision of department of corrections.

Note: The underscored language was added by 2015 Wis. Act 55, section 4703b, effective 1-1-16, but not included in the treatment by section 4703bm. The treatment of s. 938.50 by section 4703bm should have included the underscored language.

AB847,90 Section 90. The treatment of 978.045 (1r) (intro.) of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 64. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 978.045 (1r) (bm) (intro.), as renumbered and amended from s. 978.045 (1r) (intro.) by 2015 Wis. Act 64, reads:

(bm) The judge may appoint an attorney as a special prosecutor at the request of a district attorney to assist the district attorney in the prosecution of persons charged with a crime, in grand jury proceedings, in proceedings under ch. 980, or in investigations. The judge may appoint an attorney as a special prosecutor only if the judge or the requesting district attorney submits an affidavit to the department of administration attesting that any of the following conditions exists:

AB847,91 Section 91. 2015 Wisconsin Act 55, section 2124s is amended by replacing “71.05 (22) (dp) 1. Deduction limits, 2000 and thereafter. Except as" with “71.05 (22) (dp) 1. Except as".

Note: Section 71.05 (22) (dp) (title) was incorrectly shown in the text of 2015 Wis. Act 55 upon the renumbering of s. 71.05 (22) (dp) to 71.05 (22) (dp) 1.

AB847,92 Section 92. 2015 Wisconsin Act 55, section 3309t is amended by replacing “118.52 (6) (a) 1. The school board" with “118.52 (6) (a) Individualized education program requirements. The school board".

Note: The number “1." was added and the title (in italics) was omitted without being shown with strikes and underscoring. No change was intended.

AB847,93 Section 93. 2015 Wisconsin Act 89, section 52 is amended by replacing “provided in par. (b)" with “provided under in par. (b)".

Note: “In" replaced “under" without being shown with strikes and underscoring. The change was intended.

AB847,94 Section 94. 2015 Wisconsin Act 117, section 24h is amended by replacing “ 5.05 (2m) (c) 15. and 16. and (h)" with “5.05 (2m) (c) 15. and 16. and (i)".

Note: The stricken statute text was incorrectly transcribed.

AB847,95 Section 95. 2015 Wisconsin Act 118, section 188 is amended by replacing “19.47 (1), (2) and (4) to (10) of the statutes are created to read:" with “19.47 (1), (2) and (4) to (11) of the statutes are created to read:".

Note: Conforms action phrase to the subsections that were created in the text of 2015 Wis. Act 118, section 188.

AB847,96 Section 96. 2015 Wisconsin Act 118, section 192 is amended by replacing “ this subchapter and" with “this subchapter or".

Note: The stricken statute text was incorrectly transcribed.

AB847,97 Section 97. The treatment of NR 406.08 (1) of the administrative code by CR 13-057 is not repealed by CR 15-005. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, as required under s. 13.92 (4) (bm), s. NR 406.08 (1) reads:

(1) This section applies to actions on permits for which applications are received on or after August 1, 2015. This section does not apply to actions on applications for permits where the source commences construction, reconstruction, replacement, relocation, or modification prior to issuance of a construction permit. This section does not apply to construction permits which are subject to the notice, comment and hearing provisions of s. 293.43, 295.45, or 295.57, Stats.

AB847,98 Section 98. The treatment of NR 812.02 (2) of the administrative code by CR 13-099 is not repealed by CR 13-057. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, as required under s. 13.92 (4) (bm), s. NR 812.02 (2) reads:

(2) For the purposes of filling and sealing, the provisions of this chapter apply to all drillholes and wells including elevator shaft drillholes, unsuccessful or noncomplying heat exchange drillholes, mining exploration drillholes not regulated by ch. NR 132, or subch. III of ch. 295, Stats., and wells and drillholes not regulated by s. NR 141.25.

AB847,99 Section 99 . Renumbering and cross-reference changes under s. 13.92 (1) (bm) 2., stats. Each statute listed in column A was renumbered to the statute number in column B, and cross-references to the renumbered statute were changed in the statutes listed in column C to agree with the renumbered statute, under section 13.92 (1) (bm) 2. of the statutes:

Note: Confirms renumbering and corresponding cross-reference changes under s. 13.92 (1) (bm) 2. - See PDF for table

AB847,35,1 (End)