2021 Wisconsin Act 239

239,36 Section 36. 70.11 (39m) (title) of the statutes is created to read:

70.11 (39m) (title) Cash registers and fax machines.

Note: The other subsections in s. 70.11 have titles.

239,37 Section 37. 70.995 (1) (title) and (2) (title) of the statutes are repealed.

Note: The other subsections in s. 70.995 do not have titles.

239,38 Section 38. 71.05 (13) (a) (title) of the statutes is repealed.

Note: The other paragraph in s. 71.05 (13) does not have a title.

239,39 Section 39. 71.25 (9) (e) (title) and (f) (title) of the statutes are repealed.

Note: The other paragraphs in s. 71.25 (9) do not have titles.

239,40 Section 40. 84.075 (3) of the statutes is amended to read:

84.075 (3) The department shall at least semiannually, or more often if required by the department of administration, report to the department of administration the total amount of money it has paid to contractors, subcontractors, and vendors that are minority businesses and that are disabled veteran-owned businesses under ss. 84.01 (13), 84.06, and 84.07 and the number of contacts with minority businesses and disabled veteran-owned businesses in connection with proposed purchases and contracts. In its reports, the department shall include only amounts paid to businesses certified by the department of safety and professional services administration as minority businesses or disabled veteran-owned businesses.

Note: Inserts correct agency. Under ss. 16.283 (3) and 16.287 (2), the Department of Administration certifies disabled veteran-owned businesses and minority businesses.

239,41 Section 41. 108.02 (13) (k) of the statutes, as affected by 2019 Wisconsin Act 9, is amended to read:

108.02 (13) (k) “Employer" does not include a county department, an aging unit, or, under s. 46.2785, a private agency that serves as a fiscal agent or contracts with a fiscal intermediary to serve as a fiscal agent under s. 46.27 (5) (i), 46.272 (7) (e), or 47.035 as to any individual performing services for a person receiving long-term support services under s. 46.272 (7) (b), 46.275, 46.277, 46.278, 46.2785, 46.286, 46.495, 51.42, or 51.437 or personal assistance services under s. 47.02 (6) (c).

Note: Removes extraneous cross-reference. 2019 Wis. Act 9 repealed s. 46.27.

239,42 Section 42. 139.75 (4) (c) of the statutes, as affected by 2019 Wisconsin Act 9, is amended to read:

139.75 (4) (c) Any person engaged in the business of selling tobacco products or vapor products outside this state who ships or transports tobacco products or vapor products to retailers in this state to be sold by those retailers.

Note: Inserts missing phrase. 2019 Wis. Act 9 added the phrase “or vapor products” after “tobacco products” throughout subch. III of ch. 139 but did not add the phrase after the second instance of “tobacco products” in s. 139.75 (4) (c). Drafting records indicate that the change was intended.

239,43 Section 43. 146.343 (1) (intro.) and (a) of the statutes are consolidated, renumbered 146.343 (1) and amended to read:

146.343 (1) In this section: (a) “Hospital", “hospital” has the meaning given in s. 50.33 (2).

Note: Removes extraneous definitions. Section 146.343 (1) (b), (c), and (d) provide definitions of “nurse,” “nurse-midwife,” and “physician” in s. 146.343, but these terms do not otherwise appear in s. 146.343.

239,44 Section 44. 146.343 (1) (b), (c) and (d) of the statutes are repealed.

Note: Removes extraneous definitions. Section 146.343 (1) (b), (c), and (d) provide definitions of “nurse,” “nurse-midwife,” and “physician” in s. 146.343, but these terms do not otherwise appear in s. 146.343.

239,45 Section 45. 167.33 (3) (am) (title) of the statutes is created to read:

167.33 (3) (am) (title) Exemption.

Note: The other paragraphs in s. 167.33 (3) have titles.

239,46 Section 46 . 180.1604 (1) of the statutes is amended to read:

180.1604 (1) If a corporation does not within a reasonable time allow a shareholder to inspect and copy any record described in s. 180.1602 (1) (1m) or (2), the shareholder who complies with s. 180.1602 (1m) or (2), as applicable, may apply to the circuit court for the county where the corporation's principal office or, if none in this state, its registered office is located for an order to permit inspection and copying of the records demanded. 

Note: Inserts correct cross-reference. 1995 Wis. Act 400 renumbered s. 180.1602 (1) to s. 180.1602 (1m) and failed to change the first cross-reference in this subsection to s. 180.1602 (1m).

239,47 Section 47. 196.491 (3m) (a) (intro.) of the statutes is amended to read:

196.491 (3m) (a) Commission approval required. (intro.) Except as provided in par. (e) 1., an affiliated interest of a public utility may not own, control or operate a wholesale merchant plant without the approval of the commission. The commission shall grant its approval only if each of the following is satisfied:

Note: Fixes cross-reference to accommodate the renumbering of s. 196.491 (3m) (e) 1. to s. 196.491 (3m) (e) in this bill. See Section 51 of this bill.

239,48 Section 48. 196.491 (3m) (c) 1. (intro.) and a. of the statutes are consolidated, renumbered 196.491 (3m) (c) 1. and amended to read:

196.491 (3m) (c) 1. In this paragraph: a. “Electric, “electric sale" means a sale of electricity that is generated at a wholesale merchant plant that is owned, operated, or controlled by an affiliated interest.

Note: Corrects statutory numbering to accommodate the repeal of s. 196.491 (3m) (c) 1. b. in this bill. Adds comma consistent with current style. See the following Section of this bill.

239,49 Section 49. 196.491 (3m) (c) 1. b. of the statutes is repealed.

Note: Removes extraneous definition. Section 196.491 (3m) (c) 1. b. provides a definition of “firm sale” in s. 196.491 (3m) (c), but that term does not otherwise appear in s. 196.491 (3m) (c) as a result of the repeal of s. 196.491 (3m) (c) 3. by 2019 Wis. Act. 9 and the repeal of s. 196.491 (3m) (e) 2. by this bill. See the previous Section and Section 52 of this bill.

239,50 Section 50. 196.491 (3m) (e) (title) of the statutes is repealed and recreated to read:

196.491 (3m) (e) (title) Exemption.

Note: Changes the title of this paragraph from plural to singular to accommodate the repeal of s. 196.491 (3m) (e) 2. in this bill. See Section 52 of this bill.

239,51 Section 51 . 196.491 (3m) (e) 1. of the statutes is renumbered 196.491 (3m) (e).

Note: Corrects statutory numbering to accommodate the repeal of s. 196.491 (3m) (e) 2. in this bill. See Section 52 of this bill.

239,52 Section 52 . 196.491 (3m) (e) 2. of the statutes is repealed.

Note: Removes extraneous language. This subdivision provides an exemption to the requirement under s. 196.491 (3m) (c) 3., which was repealed by 2019 Wis. Act. 9. See also Section 51 of this bill.

239,53 Section 53. 196.795 (6m) (c) of the statutes is amended to read:

196.795 (6m) (c) Wholesale merchant plants. The assets of a wholesale merchant plant shall not be included in the sum of the assets of a public utility affiliate under par. (b) 1. a., b., or c. and shall not be included in a nonutility affiliate's total assets under par. (b) 2. a. if the requirements specified in s. 196.491 (3m) (a) 1. and 2. are satisfied or if the wholesale merchant plant qualifies for the exemption under s. 196.491 (3m) (e) 1.

Note: Fixes cross-reference to accommodate the renumbering of s. 196.491 (3m) (e) 1. to s. 196.491 (3m) (e) in this bill. Adds comma consistent with current style. See Section 51 of this bill.

239,54 Section 54. 218.05 (15) (title) of the statutes is created to read:

218.05 (15) (title) Penalty.

Note: The other subsections in s. 218.05 have titles.

239,55 Section 55. 218.22 (4) (title) of the statutes is repealed.

Note: The other subsections in s. 218.22 do not have titles.

239,56 Section 56 . 234.907 (2) (cm) of the statutes, as affected by 2019 Wisconsin Act 62, is amended to read:

234.907 (2) (cm) The total guarantee amount of all loans to the borrower that are guaranteed under this section and that are made for working capital or an item necessary to, or used to, commercially harvest whitefish from Lake Superior will not exceed $100,000. This subsection paragraph does not apply to a loan guaranteed under sub. (4).

Note: Inserts correct cross-reference.

239,57 Section 57. 250.20 (1) (j) of the statutes is amended to read:

250.20 (1) (j) “Poverty line" means the nonfarm federal poverty line for the continental United States, as defined by the federal department of labor under in 42 USC 9902 (2).

Note: Removes reference to the U.S. Department of Labor. Since the enactment of P.L. 97-35 in 1981, the Omnibus Budget Reconciliation Act of 1981, the federal poverty line has been defined at 42 USC 9902 (2). 42 USC 9902 (2) establishes a process for determining the federal poverty line that does not involve any action by the U.S. Department of Labor.

239,58 Section 58. 255.06 (1) (e) of the statutes is amended to read:

255.06 (1) (e) “Poverty line" means the nonfarm federal poverty line for the continental United States, as defined by the federal department of labor under in 42 USC 9902 (2).

Note: Removes reference to the U.S. Department of Labor. Since the enactment of P.L. 97-35 in 1981, the Omnibus Budget Reconciliation Act of 1981, the federal poverty line has been defined at 42 USC 9902 (2). 42 USC 9902 (2) establishes a process for determining the federal poverty line that does not involve any action by the U.S. Department of Labor.

239,59 Section 59 . 301.19 (4) of the statutes, as created by 2019 Wisconsin Act 8, is amended to read:

301.19 (4) Unless the governor has declared a state of emergency under s. 323.10, the department of corrections may not expand the capacity of, or substantially modify the structure or physical security of, a juvenile correctional facility established under s. 301.16 (1w) without prior approval by the governing body of the city, village, or town in which the juvenile correctional facility is located.

Note: Section 301.01 (1) defines “department” for all of ch. 301 to mean “the department of corrections.” This change strikes unnecessary words to consistently use the defined term.

239,60 Section 60. 341.14 (8v) (title) and (8w) (title) of the statutes are repealed.

Note: The other subsections in s. 341.14 do not have titles.

239,61 Section 61. 343.301 (3) (b) of the statutes is amended to read:

343.301 (3) (b) If the court finds that the person who is subject to an order under sub. (1g) has a household income that is at or below 150 percent of the nonfarm federal poverty line for the continental United States, as defined by the federal department of labor under in 42 USC 9902 (2), the court shall limit the person's liability under par. (a) to one-half of the cost of equipping each motor vehicle with an ignition interlock device and one-half of the cost per day per vehicle of maintaining the ignition interlock device.

Note: Removes reference to the U.S. Department of Labor. Since the enactment of P.L. 97-35 in 1981, the Omnibus Budget Reconciliation Act of 1981, the federal poverty line has been defined at 42 USC 9902 (2). 42 USC 9902 (2) establishes a process for determining the federal poverty line that does not involve any action by the U.S. Department of Labor.

239,62 Section 62. 345.05 (1) (c) of the statutes is amended to read:

345.05 (1) (c) “Municipality" means any county, city, village, town, school district as enumerated in s. 67.01 (5), sewer district, drainage district, commission formed by a contract under s. 66.0301 (2), and, without restriction because of failure of enumeration, any other political subdivision of the state.

Note: Strikes unnecessary phrase. 1985 Wis. Act 225 removed the enumeration of types of school districts in s. 67.01 (5), making the phrase “as enumerated in s. 67.01 (5)” unnecessary.

239,63 Section 63. 440.032 (1) (d) of the statutes is repealed.

Note: Removes extraneous definition. Section 440.032 (1) (d) provides a definition of “Wisconsin interpreting and transliterating assessment” in s. 440.032, but that term does not otherwise appear in s. 440.032.

239,64 Section 64. 440.032 (3m) of the statutes, as created by 2019 Wisconsin Act 17, is amended to read:

440.032 (3m) Exam administration in Wisconsin. The department of health services shall administer in this state the performance examinations of the Board for Evaluation of Interpreters or its successor, unless the department of safety and professional services approves another administrator of the examinations.

Note: Inserts the full name of the intended department to avoid ambiguity.

239,65 Section 65. 632.866 (3) (b) (intro.) of the statutes, as created by 2019 Wisconsin Act 12, is amended to read:

632.866 (3) (b) (intro.) An insurer, pharmacy benefit manager, or utilization review organization shall grant an exception to the step therapy protocol if the prescribing provider submits complete, clinically relevant written documentation supporting a step therapy protocol exception request and any of the following are satisfied:

Note: Inserts missing word. The term “step therapy protocol” is defined in s. 632.866 (1) (e). “Protocol” is inserted after “step therapy” so that the defined term is used consistently in the section.

239,66 Section 66. 632.866 (3) (f) of the statutes, as created by 2019 Wisconsin Act 12, is amended to read:

632.866 (3) (f) An insurer, pharmacy benefit manager, or utilization review organization shall grant or deny a request for any exception to the step therapy protocol within 3 business days of receipt of the complete, clinically relevant written documentation required under par. (b) to support a step therapy protocol exception request under par. (b) or the receipt of a request to appeal a previous decision that includes the complete, clinically relevant written documentation supporting a step therapy protocol exception request. In exigent circumstances, an insurer, pharmacy benefit manager, or utilization review organization shall grant or deny a request for an exception to the step therapy protocol by the end of the next business day after receipt of the complete, clinically relevant written documentation supporting a step therapy protocol exception request under par. (b). If the insurer, pharmacy benefit manager, or utilization review organization does not grant or deny a request or an appeal under the time specified under this paragraph, the exception is considered granted.

Note: Inserts missing word in three locations. The term “step therapy protocol” is defined in s. 632.866 (1) (e). “Protocol” is inserted after “step therapy” so that the defined term is used consistently in the section.

239,67 Section 67. 938.31 (5) (title) of the statutes is created to read:

938.31 (5) (title) Indian juveniles.

Note: The other subsections in s. 938.31 have titles.

239,68 Section 68 . 990.01 (21m) of the statutes, as affected by 2019 Wisconsin Act 50, is amended to read:

990.01 (21m) Motorcycle. “Motorcycle" is a motor vehicle as defined has the meaning given in s. 340.01 (32).

Note: Section 340.01 (32) defines the term “motorcycle,” not “motor vehicle.” This Section clarifies that the term “motorcycle” in s. 990.01 (21m), as renumbered from s. 990.01 (43m) by 2019 Wis. Act 50, eff. 5-1-20, has the same meaning as in s. 340.01 (32).