2005 WISCONSIN ACT 254
An Act relating to: repealing, consolidating, renumbering, amending, and revising various provisions of the statutes for the purpose of correcting errors, supplying omissions, correcting and clarifying references, eliminating defects, anachronisms, conflicts, ambiguities, and obsolete provisions, reconciling conflicts, and repelling unintended repeals (Revisor's Correction Bill).
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2003 Wis. Acts 137 and
147 both created provisions numbered s. 14.16 (12).
20.455 (2) (kq) County law enforcement services. The amounts in the schedule to provide grants to counties under s. 165.89. All moneys transferred from the appropriation account under sub. s. 20.505 (8) (hm) 15d. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall revert to the appropriation account under s. 20.505 (8) (hm).
Note: 2005 Wis. Act 25, s.
416g, renumbered s. 20.505 (6) (kq) to 20.455 (2) (kq) but did not amend the cross-reference to 20.505 (8) (hm) 15d. accordingly.
Note: There is no conflict of substance. As merged by the revisor, s. 20.485 (2) (dm), as renumbered from s. 20.485 (2) (q) by
2005 Wis. Act 25, reads:
(dm) Military funeral honors. Biennially, from the general fund, the amounts in the schedule to provide military funeral honors for veterans under s. 45.60.
20.485 (2) (yn) Veterans trust fund loans and expenses. Biennially, the amounts in the schedule for the purpose of providing loans under s. 45.42 and for the payment of expenses and other payments as a consequence of being a mortgagee or owner under home improvement loans made under s. 45.79 (7) (c), 1997 stats., or under s. 45.351 (2), 1995 stats., s. 45.352, 1971 stats., s. 45.356, 2003 stats., s. 45.80, 1989 stats., and s. 45.42. All moneys received under ss. 45.37 (7) (c) and 45.42 (8) (a) and (b) and 45.37 (7) (c) for the purpose of providing loans under the personal loan program under s. 45.42 shall be credited to this appropriation account. All payments of interest and repayments of principal for loans made under s. 45.351 (2), 1995 stats., s. 45.352, 1971 stats., s. 45.80, 1989 stats., s. 45.356, and 2003 stats., s. 45.79 (7) (c), 1997 stats., s. 45.80, 1989 stats., and s. 45.42 shall revert to the veterans trust fund.
Note: Prior to Act 22, s. 20.485 (2) (yn) contained 4 cross-references to s. 45.356. Act 22 amended 3 of these cross-references to reflect the fact that the act substantively recreated s. 45.356 as s. 45.42. However, Act 22 inadvertently left one cross-reference unamended and incompletely amended another. In each case, the cross-reference should have been amended to cite both s. 45.356, 2003 stats., and s. 45.42, so that in these places the provision would continue to refer to loans made prior to Act 22, under s. 45.356, and would also refer to post Act 22 loans made under new s. 45.42. Cross-references are placed in numerical order.
36.34 (1) (c) 2. b. The appropriation for the first fiscal year of the next biennium shall be the result obtained by increasing, to the nearest $100, the base amount by the average of the percentage increases determined under subd. 2a. 2. a., except that, if the undergraduate academic fees for the next academic year are estimated to decrease or not change from the undergraduate academic fees charged for the current academic year at each institution specified in subd. 2a. 2. a., the appropriation shall be the base amount.
Note: Reinserts period deleted by
2005 Wis. Act 25 without being stricken. No change was intended. There is no s. 36.34 (1) (c) 2a. See also the note to the treatment of s. 36.34 (1) (c) 2bm. by this bill.
Note: Conforms renumbering by the revisor under s. 13.93 (1) (b). Inserts period to correct numbering consistent with the error in the treatment of s. 36.34 (1) (c) 2. b. in
2005 Wis. Act 25 and the correction of that error by this bill. See also the note to the treatment of s. 36.34 (1) (c) 2bm. by this bill.
254,7
Section
7. 36.34 (1) (c) 2bm. of the statutes, as created by
2005 Wisconsin Act 25, is renumbered 36.34 (1) (c) 2. bm. and amended to read:
36.34 (1) (c) 2. bm. The appropriation for the 2nd fiscal year of the next biennium shall be the result obtained by increasing, to the nearest $100, the base amount by the average of the percentage increases determined under subd. 2am. 2. am., except that, if the undergraduate academic fees for the academic year after the next academic year are estimated to decrease or not change from the estimated undergraduate academic fees charged for the next academic year at each institution specified under subd. 2am. 2. am., the appropriation shall be the base amount.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Inserts period to correct numbering consistent with the error in the treatment of s. 36.34 (1) (c) 2. b. in
2005 Wis. Act 25 and the correction of that error by this bill. Section 36.34 (1) (c) 2. provides the steps
the board of regents must follow to calculate the amounts to be appropriated under s. 20.285 (4) (dd). Sections 36.34 (1) (c) 2am. and 2bm., as created by Act 25, are additional steps in the process and are logically placed with the provision as renumbered. As affected by
2005 Wis. Act 25 and this bill, s. 36.34 (1) (c) 2. reads:
2. Beginning in 2007, biennially, by February 1, the board shall calculate the amounts to be appropriated under s. 20.285 (4) (dd) for the next biennium as follows:
a. The board shall determine the percentage by which the undergraduate academic fees that will be charged for the next academic year at each institution within the University of Wisconsin System, as estimated by the board, will increase or decrease from the undergraduate academic fees charged for the current academic year.
am. The board shall determine the percentage by which the undergraduate academic fees that will be charged for the academic year after the next academic year at each institution within the University of Wisconsin System, as estimated by the board, will increase or decrease from the estimated undergraduate fees that will be charged for the next academic year.
b. The appropriation for the first fiscal year of the next biennium shall be the result obtained by increasing, to the nearest $100, the base amount by the average of the percentage increases determined under subd. 2. a., except that, if the undergraduate academic fees for the next academic year are estimated to decrease or not change from the undergraduate academic fees charged for the current academic year at each institution specified in subd. 2. a., the appropriation shall be the base amount.
bm. The appropriation for the 2nd fiscal year of the next biennium shall be the result obtained by increasing, to the nearest $100, the base amount by the average of the percentage increases determined under subd. 2. am., except that, if the undergraduate academic fees for the academic year after the next academic year are estimated to decrease or not change from the estimated undergraduate academic fees charged for the next academic year at each institution specified under subd. 2. am., the appropriation shall be the base amount.
41.17 (5) Funding source. Subject to the 50% limitation under s. 20.380 (1) (b) and the proportional expenditure requirements under s. 20.380 (1) (b) and (kg), the department shall expend, from the appropriations under s. 20.380 (1) (b), (kg), and (v) (w), at least $1,130,000 in the aggregate in each fiscal year in joint effort marketing funds under this section.
Note: Corrects cross-reference. There is no s. 20.380 (1) (v). Section 20.380 (1) (w) was numbered s. 20.380 (1) (v) in 2005 Assembly Bill 100, as originally introduced, and was subsequently renumbered by Assembly Substitute Amendment 1, but the substitute amendment did not amend the cross-reference in this provision accordingly.
46.07 Property of patients or residents. All money including wages and other property delivered to an officer or employee of any institution for the benefit of a patient or resident shall immediately be delivered to the steward, who shall enter the money upon the steward's books to the credit of the patient or resident. The property shall be used only under the direction and with the approval of the superintendent and for the crime victim and witness assistance surcharge under s. 973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046, the drug offender diversion surcharge under s. 973.043, or the benefit of the patient or resident. If the money remains uncalled for for one year after the patient's or resident's death or departure from the institution, the superintendent shall deposit the money in the general fund. If any patient or resident leaves property, other than money, uncalled for at an institution for one year, the superintendent shall sell the property, and the proceeds shall be deposited in the general fund. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (c).
Note: Adds inadvertently omitted word. Section 46.07 was amended by
2005 Wis. Act 25 for the purpose of inserting the reference to the drug offender diversion surcharge under s. 973.043. Other changes were intended only to conform the provision to current style. Thus, "the same" was replaced with "the money" in two places. Similarly, "forthwith" should have been replaced by "immediately," but instead was simply deleted. No substantive change was intended.
46.283 (2) (b) (intro.) After June 30, 2001, the department shall contract with the entities specified under s. 46.281 (1) (d) 1. and may, if the applicable review conditions under s. 48.281 46.281 (1) (e) 2. are satisfied, in addition to contracting with these entities, contract to operate a resource center with counties, family care districts, or the governing body of a tribe or band or the Great Lakes Inter-Tribal Council, Inc., under a joint application of any of these, or with a private nonprofit organization if the department determines that the organization has no significant connection to an entity that operates a care management organization and if any of the following applies:
Note: Corrects cross-reference. There is no s. 48.281 (1) (e) 2. Section 46.281 (1) (e) 2. provides for joint committee on finance review of contracts with entities specified under s. 46.281 (1) (d).
49.175 (1) Allocation of funds. (intro.) Except as provided in sub. (2), within the limits of the appropriations under s. 20.445 (3) (a), (cm), (dz), (jm), (k), (kx), (L), (mc), (md), (me), and (s), the department shall allocate the following amounts for the following purposes:
Note: There is no s. 20.445 (3) (jm). The underscored comma was deleted by
2005 Wis. Act 25 without being stricken, but no change was intended.
49.45 (6tw) Payments to city health departments. From the appropriation account under s. 20.435 (7) (b), the department may make payments to local health departments, as defined under s. 250.02 250.01 (4) (a) 3. Payment under this subsection to such a local health department may not exceed on an annualized basis payment made by the department to the local health department under s. 49.45 (6t), 2003 stats., for services provided by the local health department in 2002.
Note: "Local health department" is defined under s. 250.01 (4) (a) 3. There is no 250.02 (4) (a) 3.
49.497 (1m) (a) If, after notice that an incorrect payment was made, a recipient, or parent of a minor recipient, who is liable for repayment of an incorrect payment fails to repay the incorrect payment or enter into, or comply with, an agreement for repayment, the department may bring an action to enforce the liability or may issue an order to compel payment of the liability. Any person aggrieved by an order issued by the department under this paragraph may appeal the order as a contested case under ch. 227 by filing with the department a request for a hearing within 30 days after the date of the order. The only issue at the hearing shall be the determination by the department that the person has not repaid the incorrect payment or entered into, or complied with, an agreement for repayment. If, after notice that an incorrect payment was made, a recipient, or parent of a minor recipient, who is liable for repayment of an incorrect payment fails to repay the incorrect payment or enter into, or comply with, an agreement for repayment, the department may bring an action to enforce the liability or may issue an order to compel payment of the liability. Any person aggrieved by an order issued by the department under this paragraph may appeal the order as a contested case under ch. 227 by filing with the department a request for a hearing within 30 days after the date of the order. The only issue at hearing shall be the determination by the department that the person has not repaid the incorrect payment or entered into, or complied with, an agreement for repayment.
Note: Inserts missing article.
254,14
Section
14. 66.0203 (7) (a) of the statutes is amended to read:
66.0203 (7) (a) No action to contest the validity of an incorporation on any grounds, whether procedural or jurisdictional, may be commenced after 60 days from the date of issuance of the charter certificate of incorporation by the secretary of state.
Note: Makes language consistent with s. 66.0211 (5), under which, upon approval of a referendum for incorporation, a "certificate of incorporation" is issued by the secretary of state. The statutes contain no provision providing for the issuance of a "charter of incorporation."
66.0216 (6) Action. No action to contest the validity of an incorporation under this section on any grounds, whether procedural or jurisdictional, may be commenced after 60 days from the date of issuance of the charter
certificate of incorporation by the secretary of state. In any such action, the burden of proof as to all issues is upon the person bringing the action to show that the incorporation is not valid. An action contesting an incorporation shall be given preference in the circuit court
Note: Makes language consistent with s. 66.0216 (5), under which, upon approval of a referendum for incorporation, a "certificate of incorporation" is issued by the secretary of state. The statutes contain no provision providing for the issuance of a "charter of incorporation."
70.27 (3) (a) Reference to any land, as it appears on a recorded assessor's plat is deemed sufficient for purposes of assessment and taxation. Conveyance may be made by reference to such plat and shall be as effective to pass title to the land so described as it would be if the same premises had been described by metes and bounds. Such plat or record thereof shall be received in evidence in all courts and places as correctly describing the several parcels of land therein designated. After an assessor's plat has been made and recorded with the register of deeds as provided by this section, all conveyances of lands included in such assessor's plat shall be by reference to such plat. Any instrument dated and acknowledged after September 1, 1955, purporting to convey, mortgage, or otherwise give notice on of an interest in land that is within or part of an assessor's plat shall describe the affected land by the name of the assessor's plat, lot, block, or outlot.
Note: Inserts correct term.
71.05
(6) (b) 28. (intro.) An amount paid by a claimant for tuition expenses for a student who is the claimant or who is the claimant's child and the claimant's dependent who is claimed under section
151 (c) of the Internal Revenue Code, to attend any university, college, technical college or a school approved under s.
39.90 38.50, that is located in Wisconsin or to attend a public vocational school or public institution of higher education in Minnesota under the Minnesota-Wisconsin reciprocity agreement under s. 39.47, calculated as follows:
71.07 (10) Credits not allowed. The credits under s. 71.28 (4) and (5) may not be claimed by partners, including partners of a publicly traded partnership treated as a corporation under s. 71.22 (1k), members of a limited liability company, including members of a limited liability company treated as a corporation under s. 77.22 71.22 (1k), or shareholders of a tax-option corporation.
Note: Corrects cross-reference. There is no s. 77.22 (1k). Section 71.22 (1k) provides a definition of corporation that includes limited liability companies treated as corporations under the internal revenue code.
71.775 (4) (b) 2. A pass-through entity that pays the tax withheld under sub. (2) as provided under subd. 1. is not subject to an underpayment of estimated tax under s. 71.09 or 71.29, if 90 percent of the tax that is due for the current taxable year is paid by the unextended due date or if 100 percent of the tax that is due for the taxable year immediately preceding the current taxable year is paid by the unextended due date and the taxable year immediately preceding the current taxable year was a 12-month period. Interest at the rate of 12 percent shall be imposed on the unpaid amount of the tax withheld under sub. (2) during any extension period and interest at the rate of 18 percent shall be imposed on the unpaid amount of the tax withheld under sub. (2) for the period beginning with the extended due date and ending with the date that the unpaid amount is paid in full.
Note: Inserts missing word consistent with the remainder of the provision and other statutes.
71.93 (1) (a) 1. An amount owed to a state agency, if the amount has been reduced to a judgment or if the state agency has provided the debtor reasonable notice and an opportunity to be heard with regards regard to the amount owed.
Note: Replaces word consistent with usage of the term throughout the statutes.
254,21
Section
21. 71.935 (1) (a) of the statutes is amended to read:
71.935 (1) (a) "Debt" means a parking citation of at least $20 that is unpaid and for which there has been no court appearance by the date specified in the citation or, if no date is specified, that is unpaid for at least 28 days; an unpaid fine, fee, restitution or forfeiture of at least $20; and any other debt that is at least $20, except debt related to property taxes, if the debt has been reduced to a judgment or the municipality or county to which the debt is owed has provided the debtor reasonable notice and an opportunity to be heard with regards regard to the debt.
Note: Replaces word consistent with usage of the term throughout the statutes.
254,22
Section
22. 79.02 (3) (c) 1. of the statutes is amended to read::
79.02 (3) (c) 1. In November 2003, the total amount of the payments to each municipality and county under ss. 79.03, 79.04, and 79.06 to be paid from the appropriation account under s. 20.835 (1) (t), 2003 stats., shall equal $230,000,000 and shall be applied to the payments in the manner determined by the department of revenue.
254,23
Section
23. 79.02 (3) (c) 2. of the statutes is amended to read:
79.02 (3) (c) 2. In November 2003, the total amount of the payments to each municipality and county under ss. 79.03, 79.04, and 79.06 to be paid from the appropriation account under s. 20.835 (1) (u), 2003 stats., shall equal $17,600,000 and shall be applied to the payments in the manner determined by the department of revenue.
254,24
Section
24. 79.02 (3) (d) 1. of the statutes is amended to read:
79.02 (3) (d) 1. In November 2004, the total amount of the payments to each municipality under s. 79.035 to be paid from the appropriation account under s. 20.835 (1) (t), 2003 stats., shall equal $170,000,000 and shall be applied to the payments in the manner determined by the department of revenue.
254,25
Section
25. 79.02 (3) (d) 2. of the statutes is amended to read:
79.02 (3) (d) 2. In November 2004, the total amount of the payments to each municipality under s. 79.035 to be paid from the appropriation account under s. 20.835 (1) (u), 2003 stats., shall equal $20,000,000 and shall be applied to the payments in the manner determined by the department of revenue.
254,26
Section
26. 79.03 (3) (a) of the statutes is amended to read:
79.03 (3) (a) The amount in the shared revenue account for municipalities and the amount in the shared revenue account for counties, less the payments under sub. (2) and s. 79.04, and, for the distribution in 2003, the amount appropriated under s. 20.835 (1) (m), (t), and (u), 2003 stats., shall be allocated to each municipality and county respectively in proportion to its entitlement. In this paragraph, "entitlement" means the product of aidable revenues and tax base weight.
Note: Section 20.835 (1) (m) was repealed by
2003 Wis. Act 33, eff. 7-1-2004, and s. 20.835 (1) (t) and (u) were repealed by Act 33, eff. 7-1-2005. All three statutes appeared in the printed 2003 statute volumes.
254,27
Section
27. 79.03 (4) of the statutes is amended to read:
79.03 (4) In 1991, the total amount to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) is $869,000,000. In 1992, the total amount to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) is $885,961,300. In 1993, the total amount to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) is $903,680,500. In 1994, the total amounts to be distributed under this section and ss. 79.04 and 79.06 from s. 20.835 (1) (d) are $746,547,500 to municipalities and $168,981,800 to counties. Beginning in 1995 and ending in 2001, the total amounts to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) are $761,478,000 to municipalities and $168,981,800 to counties. In 2002, the total amounts to be distributed under ss. 79.03, 79.04, and 79.06 from ss. s. 20.855 (4) (rb), 2001 stats., and s. 20.835 (1) (d) and 20.855 (4) (rb), 2001 stats., are $769,092,800 to municipalities and $170,671,600 to counties. In 2003, the total amounts to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d), (m), (t), and (u), 2003 stats., and s. 20.835 (1) (d) are $776,783,700 to municipalities, less the reductions under s. 79.02 (3) (c) 3., and $172,378,300 to counties, less the reductions under s. 79.02 (3) (c) 3.
Note: Changes order of citations in conformity with current style. Section 20.835 (1) (m) was repealed by
2003 Wis. Act 33, eff. 7-1-2004, and s. 20.835 (1) (t) and (u) were repealed by Act 33, eff. 7-1-2005. All three statutes appeared in the printed 2003 statute volumes.
