AB969, s. 61
1Section
61. The treatment of 66.1011 (1) of the statutes by
1999 Wisconsin Act
282, section
23, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section
3447. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, s. 66.1011 (1)
reads:
(1) Declaration of policy. The right of all persons to have equal opportunities for
housing regardless of their sex, race, color, physical condition, disability as defined in s.
106.50 (1m) (g), sexual orientation as defined in s. 111.32 (13m), religion, national origin,
marital status, family status as defined in s. 106.50 (1m) (k), lawful source of income, age
or ancestry is a matter both of statewide concern under ss. 101.132 and 106.50 and also
of local interest under this section and s. 66.0125. The enactment of ss. 101.132 and
106.50 by the legislature does not preempt the subject matter of equal opportunities in
housing from consideration by political subdivisions, and does not exempt political
subdivisions from their duty, nor deprive them of their right, to enact ordinances which
prohibit discrimination in any type of housing solely on the basis of an individual being
a member of a protected class.
AB969, s. 62
4Section
62. The treatment of 66.1011 (2) of the statutes by
1999 Wisconsin Act
582, section
28, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section
6447. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, s. 66.1011 (2)
reads:
(2) Antidiscrimination housing ordinances. Political subdivisions may enact
ordinances prohibiting discrimination in housing within their respective boundaries
solely on the basis of an individual being a member of a protected class. An ordinance may
be similar to ss. 101.132 and 106.50 or may be more inclusive in its terms or in respect
to the different types of housing subject to its provisions. An ordinance establishing a
forfeiture as a penalty for violation may not be for an amount that is less than the
statutory forfeitures under s. 106.50 (6) (h). An ordinance may permit a complainant,
aggrieved person or respondent to elect to remove the action to circuit court after a finding
has been made that there is reasonable cause to believe that a violation of the ordinance
has occurred. An ordinance may authorize the political subdivision, at any time after a
complaint has been filed alleging an ordinance violation, to file a complaint in circuit
court seeking a temporary injunction or restraining order pending final disposition of the
complaint.
AB969, s. 63
1Section
63. The treatment of 66.184 of the statutes by
1999 Wisconsin Act 9 2is not repealed by 1999 Wisconsin Act .... (Senate Bill 136). Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, effective on the
first day of the 6th month beginning after the publication of 1999 Wis. Act (sb 136), s.
66.184 reads as follows. Section 66.184 is renumbered to s. 66.0137 (4) by 1999 Wis. Act
(ab 710), effective January 1, 2001.
66.184 Self-insured health plans. If a city, including a 1st class city, or a village
provides health care benefits under its home rule power, or if a town provides health care
benefits, to its officers and employes on a self-insured basis, the self-insured plan shall
comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2.,
632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to (14), 632.896 and
767.25 (4m) (d).
Note: There is no conflict of substance. As merged by the Revisor, s. 73.0301 (1)
(d) 6. reads:
6. A license or certificate of registration issued by the department of financial
institutions, or a division of it, under ss. 138.09, 138.12, 217.06, 218.0101 to 218.0163,
218.02, 218.04, 218.05, 224.72, 224.93 or under subch. III of ch. 551.
Note: There is no conflict of substance. As merged by the Revisor, s. 66.1011 (2)
reads:
(2) There is imposed a fee at the rate of 3%, or 5% for the rental of limousines, of
the gross receipts on the rental, but not for rerental and not for rental as a service or repair
replacement vehicle of Type 1 automobiles, as defined in s. 340.01 (4) (a); of mobile homes,
as defined in s. 340.01 (29); of motor homes, as defined in s. 340.01 (33m); and of camping
trailers, as defined in s. 340.01 (6m) by establishments primarily engaged in short-term
rental of vehicles without drivers, for a period of 30 days or less, unless the sale is exempt
from the sales tax under s. 77.54 (1), (4), (7) (a), (7m) or (9a).
AB969,24,610
84.09
(4) The cost of the lands and interests acquired and damages allowed
11pursuant to this section, expenses incidental thereto, expenses of the county
12highway committee incurred in performing duties under this section and the county
1highway committee's customary per diem, or a per diem not to exceed the lawful rate
2permitted for members of county boards if the highway committee members receive
3an annual salary, are paid out of the available improvement or maintenance funds.
4Members of a highway committee who receive an annual salary shall be entitled to
5the per diem
paid, as compensation for their services, in addition to their annual
6salary fixed pursuant to s. 59.10 (3) (i).
Note: The underscored text was inserted by
1999 Wis. Act 83 without being shown
as underscored. The change was intended.
AB969, s. 67
7Section
67. 84.61 of the statutes is repealed.
Note: By its terms, this provision has no application after June 30, 1999.
AB969, s. 68
8Section
68. 93.06 (1f) of the statutes is amended to read:
AB969,24,169
93.06
(1f) Animal health inspection and testing. Perform animal health
10inspections and tests and examine animal health documentation at the state fair, the
11world dairy expo, inc., the world beef expo, the midwest horse
show fair and other
12livestock exhibitions held in this state and attended by participants from outside of
13this state, as specified by the department by rule. The department may charge a fee
14to the sponsor of the exhibition to cover the reasonable costs of the department's
15inspection and testing services whether or not the sponsor requests the services.
16This subsection does not apply to county fairs or other local livestock exhibitions.
Note: Corrects name.
AB969,25,619
101.14
(4) (b) 3. The rules of the department shall require every residence hall
20and dormitory over 60 feet in height
, the initial construction of which was begun
21before April 26, 2000, that is owned or operated by the board of regents of the
22University of Wisconsin System to contain an automatic fire sprinkler system on
1each floor by January 1, 2006. Notwithstanding par. (c) 1., the rules of the
2department shall further require every residence hall and dormitory
, the initial
3construction of which is begun on or after April 26, 2000, that is owned or operated
4by the board of regents of the University of Wisconsin System to have an automatic
5fire sprinkler system installed on each floor at the time the residence hall or
6dormitory is constructed.
Note: Inserts commas to correct grammar.
AB969,25,139
101.952
(5) The provision of s.
218.01 (3) 218.0116 relating to the denial,
10suspension and revocation of a motor vehicle salesperson's license shall apply to the
11denial, suspension and revocation of a manufactured home salesperson's license so
12far as applicable, except that such provision does not apply to the denial, suspension
13or revocation of a license under s. 101.02 (21) (b).
AB969,25,1816
101.952
(6) The provisions of
s. 218.01 (3) (g) and (5) ss. 218.0116 (9) and
17218.0152 shall apply to this section, manufactured home sales practices and the
18regulation of manufactured home salespersons, as far as applicable.
Note: Sections 218.01 (3) (g) and (5) were renumbered to ss. 218.0116 (9) and
218.0152 by
1999 Wis. Act 31.
Note: 1999 Wis. Act 82 renumbered s. 106.04 (10) (d) (title) to be s. 106.52 (10) (d)
(title). The remainder of s. 106.04 (10) was renumbered to s. 106.52 (4).
Note: There is no conflict of substance. As merged by the Revisor, effective
11-1-00, s. 108.05 (3) (a) reads:
(a) Except as provided in pars. (b) and (c), if an eligible employe earns wages in a
given week, the first $30 of the wages shall be disregarded and the employe's applicable
weekly benefit payment shall be reduced by 67% of the remaining amount, except that
no such employe is eligible for benefits if the employe's benefit payment would be less
than $5 for any week. For purposes of this paragraph, "wages" includes any salary
reduction amounts earned that are not wages and that are deducted from the salary of
a claimant by an employer pursuant to a salary reduction agreement under a cafeteria
plan, within the meaning of
26 USC 125, and any amount that a claimant would have
earned in available work which is treated as wages under s. 108.04 (1) (a), but excludes
any amount that a claimant earns for services performed as a volunteer fire fighter,
volunteer emergency medical technician or volunteer first responder. In applying this
paragraph, the department shall disregard discrepancies of less than $2 between wages
reported by employes and employers.
AB969, s. 74
3Section
74. 110.10 (intro.) of the statutes, as created by 1999 Wisconsin Act
4.... (Senate Bill 125), is amended to read:
AB969,26,8
5110.10 Ignition interlock device program. (intro.)
The department shall
6promulgate rules providing for the implementation of an ignition interlock device
7program that will be conveniently available to persons throughout this state. The
8rules shall include provisions regarding all of
the following:
Note: Inserts missing article.
AB969,26,1711
115.28
(24) Priority in awarding grants. Give priority in awarding grants
to
12local community organizations under sub. (21) and to school boards under ss. 115.36
13and 115.361, and in awarding grants from federal funds received under
20 USC 2301 14to
2471,
20 USC 4601 to
4665 and
29 USC 2862 (b) (1) (B), to programs that provide
15more than one of the educational services specified under s. 115.36, 115.361, 115.915,
16118.01 (2) (d) 7. or 8. or 118.153 or
20 USC 2301 to
2471,
20 USC 4601 to
4665 or
29
17USC 2862 (b) (1) (B).
Note: There is no conflict of substance. As merged by the Revisor, s. 118.30 (2) (b)
1. reads:
1. If a pupil is enrolled in a special education program under subch. V of ch. 115,
the school board or operator of the charter school under s. 118.40 (2r) shall comply with
s. 115.77 (1m) (bg).
Note: There is no conflict of substance. As merged by the Revisor, s. 119.04 (1)
reads:
(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c), 115.01 (1) and
(2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.45, 118.001
to 118.04, 118.045, 118.06, 118.07, 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, 118.24 (1), (2) (c) to (f),
(6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55,
120.12 (5) and (15) to (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34),
(35) and (37) and 120.14 are applicable to a 1st class city school district and board.
AB969, s. 78
5Section
78
. The treatment of 119.04 (1) of the statutes by
1999 Wisconsin Acts
69 and
73 is not repealed by 1999 Wisconsin Act .... (Senate Bill 710). All treatments
7stand.
Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01,
s. 119.04 (1) reads:
(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c), 115.01 (1) and
(2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.45, 118.001
to 118.04, 118.045, 118.06, 118.07, 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, 118.24 (1), (2) (c) to (f),
(6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55,
120.12 (5) and (15) to (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34),
(35) and (37), 120.14 and 120.25 are applicable to a 1st class city school district and board.
AB969, s. 79
8Section
79. 119.25 (2) (d) 6. of the statutes, as created by 1999 Wisconsin Act
9.... (Assembly Bill 447), is amended to read:
AB969,28,1210
119.25
(2) (d) 6. Within 5 school days after the revocation of a pupil's early
11reinstatement under subd. 4., the pupil or, if the pupil is a minor, the pupil's parent
12or guardian may request a conference with the superintendent of schools or his or
1her designee, who shall be someone other than a principal, administrator or teacher
2in the pupil's school. If a conference is requested, it shall be held within 5 school days
3following the request. If, after the conference, the superintendent of schools or his
4or her designee finds that the pupil did not violate an early reinstatement condition
5or that the revocation was inappropriate, the pupil shall be reinstated to school
6under the same reinstatement conditions as in the expulsion order and the early
7reinstatement revocation shall be expunged from the pupil's record. If the
8superintendent of schools or his or her designee finds that the pupil violated an early
9reinstatement condition and that the revocation was appropriate, he or she shall
10mail separate copies of the decision to the pupil and, if the pupil is a minor, to the
11pupil's parent or guardian. The decision of the superintendent of schools or
his or 12her designee is final.
Note: Inserts missing pronoun consistent with the remainder of the subdivision.
AB969,28,1715
120.13
(1) (b) 2m. In subdivision 2. c. and d., conduct that endangers a person
16or property includes making a threat to the health or safety of a person or making
17a threat to damage a property.
Note: The underscored language was inserted by
1999 Wis. Act 83 without being
shown as underscored. The change was intended.
AB969, s. 81
18Section
81. The treatment of 120.13 (2) (g) of the statutes by
1999 Wisconsin
19Act 9 is not repealed by 1999 Wisconsin Act .... (Senate Bill 136). Both treatments
20stand.
Note: There is no conflict of substance. As merged by the Revisor, s. 120.13 (2) (g)
reads:
(g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d),
631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853,
632.855, 632.87 (4) and (5), 632.895 (9) to (14), 632.896 and 767.25 (4m) (d).
AB969, s. 82
1Section
82. 120.25 (5) of the statutes, as affected by 1999 Wisconsin Act ....
2(Assembly Bill 710), section 357, is amended to read:
AB969,29,103
120.25
(5) At least 30 days prior to entering into a contract under this section
4or a modification or extension of the contract, the school boards of the districts
5involved or their designated agent shall file the proposed agreement with the state
6superintendent to enable the
department state superintendent or state
7superintendent's designee to assist and advise the school boards involved in regard
8to the applicable recognized accounting procedure for the administration of the
9school aid programs. The state superintendent shall review the terms of the
10proposed contract to ensure that each participating district's interests are protected.
Note: The stricken language was inserted without being shown as underscored
and the underscored language was deleted without being shown as stricken by 1999 Wis.
Act (ab 710). No change was intended.
Note: There is no conflict of substance. As merged by the Revisor, s. 121.90 (2)
(intro.) reads:
(2) "State aid" means aid under ss. 121.08, 121.09 and 121.105 and subch. VI, as
calculated for the current school year on October 15 under s. 121.15 (4) and including
adjustments made under s. 121.15 (4), and amounts under s. 79.095 (4) for the current
school year, except that "state aid" excludes all of the following:
AB969, s. 84
13Section
84. 146.997 (1) (c) of the statutes, as created by 1999 Wisconsin Act
14.... (Senate Bill 172), is amended to read:
AB969,30,215
146.997
(1) (c) "Health care facility" means a facility, as defined in s. 647.01 (4),
16or any hospital, nursing home, community-based residential facility, county home,
17county infirmary, county hospital, county mental health complex
, tuberculosis
18sanatorium or other place licensed or approved by the department of health and
19family services under s. 49.70, 49.71, 49.72, 50.03, 50.35, 51.08
, or 51.09
, 58.06,
1252.073 or 252.076 or a facility under s. 45.365, 51.05, 51.06, 233.40, 233.41, 233.42
2or 252.10.
Note: 1999 Wis. Act 9 repealed ss. 58.06, 252.073 and 252.076 and removed all
references to tuberculosis sanitoriums from the statutes.
AB969,31,25
153.60
(1) The department shall, by the first October 1 after the
6commencement of each fiscal year, estimate the total amount of expenditures under
7this chapter for the department and the board for that fiscal year for data collection,
8data base development and maintenance, generation of data files and standard
9reports, orientation and training provided under s. 153.05 (9) and maintaining the
10board. The department shall assess the estimated total amount for that fiscal year
11less the estimated total amount to be received for purposes of administration of this
12chapter under s. 20.435 (4) (hi) during the fiscal year, the unencumbered balance of
13the amount received for purposes of administration of this chapter under s. 20.435
14(4) (hi) from the prior fiscal year and the amount in the appropriation account under
15s. 20.435 (1) (dg)
, 1997 stats., for the fiscal year, to health care providers who are in
16a class of health care providers from whom the department collects data under this
17chapter in a manner specified by the department by rule. The department shall
18obtain approval from the board for the amounts of assessments for health care
19providers other than hospitals and ambulatory surgery centers. The department
20shall work together with the department of regulation and licensing to develop a
21mechanism for collecting assessments from health care providers other than
22hospitals and ambulatory surgery centers. No health care provider that is not a
23facility may be assessed under this subsection an amount that exceeds $75 per fiscal
1year. Each hospital shall pay the assessment on or before December 1. All payments
2of assessments shall be deposited in the appropriation under s. 20.435 (4) (hg).
Note: There is no conflict of substance. As merged by the Revisor, s. 196.26 (1m)
reads:
(1m) Investigation of complaint. If any mercantile, agricultural or
manufacturing society, body politic, municipal organization or 25 persons file a complaint
specified in sub. (1) (a) against a public utility, or if the commission terminates a
proceeding on a complaint under s. 196.199 (3) (a) 1m. b., or if a person files a complaint
specified in sub. (1) (c), the commission, with or without notice, may investigate the
complaint under this section as it considers necessary. If the mobile home park occupants
of 25% of the total number of mobile homes in a mobile home park or the mobile home park
occupants of 25 mobile homes in a mobile home park, whichever is less, files a complaint
specified in sub. (1) (a) against a mobile home park contractor or mobile home park
operator, the commission, with or without notice, may investigate the complaint as it
considers necessary. The commission may not issue an order based on an investigation
under this subsection without a public hearing.
AB969, s. 87
5Section
87. 196.85 (2m) of the statutes is repealed.
Note: By its terms, this provision has no application after June 30, 1999.
AB969,32,78
196.85
(3) If any public utility, sewerage system, joint local water authority,
9mobile home park operator or power district is billed under sub. (1), (2), (2e) or (2g)
10and fails to pay the bill within 30 days or fails to file objections to the bill with the
11commission, as provided in this subsection, the commission shall transmit to the
12state treasurer a certified copy of the bill, together with notice of failure to pay the
13bill, and on the same day the commission shall mail by registered mail to the public
14utility, sewerage system, joint local water authority, mobile home park operator or
15power district a copy of the notice which it has transmitted to the state treasurer.
16Within 10 days after
the receipt of
the notice and certified copy of the bill
, the state
1treasurer shall levy the amount stated on the bill to be due, with interest, by distress
2and sale of any property, including stocks, securities, bank accounts, evidences of
3debt, and accounts receivable belonging to the delinquent public utility, sewerage
4system, joint local water authority, mobile home park operator or power district. The
5levy by distress and sale shall be governed by s. 74.10, 1985 stats., except that it shall
6be made by the state treasurer and that goods and chattels anywhere within the state
7may be levied upon.
Note: 1999 Wis. Act 32 inserted the underscored language without showing it as
underscored and deleted the stricken language without showing it as stricken. The
changes were intended.
AB969,32,1710
218.0114
(21e) (c) If an applicant for the issuance or renewal of a license
11described in
par. (d) sub. (14) is an individual who does not have a social security
12number, the applicant, as a condition of applying for or applying to renew the license,
13shall submit a statement made or subscribed under oath or affirmation to the
14licensor that the applicant does not have a social security number. The form of the
15statement shall be prescribed by the department of workforce development. Any
16license issued or renewed in reliance upon a false statement submitted by an
17applicant under this
subdivision paragraph is invalid.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). The remainder
of s. 218.01 (2) (ie) was renumbered to s. 218.0114 (21e) by
1999 Wis. Act 31. Inserts
correct cross-reference.
AB969,32,2120
218.0114
(24) (a) Words and phrases defined in
sub. (2c) (am) s. 218.0121 (1m) 21have the same meaning in this
paragraph subsection.
AB969,33,4
1(b) The department may not issue a dealer license under
this section ss.
2218.0101 to 218.0163, unless the department has determined that no factory will
3hold an ownership interest in or operate or control the dealership or that one of the
4exceptions under
sub. (2c) (cm) s. 218.0121 (3m) applies.
AB969,33,95
(c) If the applicant asserts that
sub. (2c) (cm) 2.
s. 218.0121 (3m) (b) applies, the
6department shall require the applicant to provide a copy of the written agreement
7described in
sub. (2c) (cm) 2. d. s. 218.0121 (3m) (b) 4. for examination by the
8department to ensure that the agreement meets the requirements of
sub. (2c) (cm)
92 s. 218.0121 (3m) (b).
AB969,33,1410
(d) If the division of hearings and appeals determines, after a hearing on the
11matter at the request of the department or any licensee, that a factory holds an
12ownership interest in a dealership or operates or controls a dealership in violation
13of
sub. (2c) s. 218.0121 the division shall order the denial or revocation of the
14dealership's license.