AB935: Bill Text

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2001 Wis. Act 16 renumbered s. 44.71 (2) (a) to be s. 44.71 (2) without taking s. 44.71 (2) (bm) into consideration. Capitalizes foundation title consistent with current style.

AB935, s. 44 Section 44. 44.72 (2) (b) 2. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB935,16,22 44.72 (2) (b) 2. From the appropriations under s. 20.275 (1) (f), (im), (jm), (js), and (mp), annually the board shall pay $5,000 to each eligible school district and $5,000 to the department of corrections for each eligible correctional facility. The department of corrections shall allocate funds received under this subsection among the eligible secured correctional facilities as it deems considers appropriate. The board shall distribute the balance in the appropriation to eligible school districts and to charter school sponsors in proportion to the weighted membership of each school district and in proportion to the number of pupils attending each charter school on the 3rd Friday of September. The weighted membership for a school district shall be determined by dividing the statewide average equalized valuation per member by the school district's equalized valuation per member and multiplying the result by the school district's membership, as defined in s. 121.004 (5).

Note: Replaces disfavored term.

AB935, s. 45 Section 45. 45.71 (1m) of the statutes is amended to read:

AB935,17,3 45.71 (1m) "Authority" means the Wisconsin housing Housing and economic development authority Economic Development Authority.

Note: Capitalizes authority title consistent with current style.

AB935, s. 46 Section 46. 46.28 (1) (a) of the statutes is amended to read:

AB935,17,6 46.28 (1) (a) "Authority" means the Wisconsin housing Housing and economic development authority Economic Development Authority created under ch. 234.

Note: Capitalizes authority title consistent with current style.

AB935, s. 47 Section 47. 48.78 (2) (aj) of the statutes, as affected by 2001 Wisconsin Act 38, is amended to read:

AB935,17,18 48.78 (2) (aj) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of a parent, guardian, or legal custodian of a child expectant mother of an unborn child who is the subject of the record, upon the request of an expectant mother of an unborn child who is the subject of the record, if 14 years of age or over, or upon the request of an unborn child by the unborn child's guardian ad litem to the parent, guardian, legal custodian, expectant mother, or unborn child by the unborn child's guardian ad litem, unless the agency determines that inspection of the record by the parent, guardian, legal custodian, expectant mother, or unborn child by the unborn child's guardian ad litem would result in imminent danger to anyone.

Note: The underscored comma after "mother" was inserted by 2001 Wis. Act 38 without being underscored. The change was intended.

AB935, s. 48 Section 48. 49.175 (1) (e) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB935,18,3 49.175 (1) (e) Contracts for 2000 and 2001. For contracts under s. 49.143 having a term that begins on January 1, 2000, and ends on December 31, 2001, $20,136,800 in fiscal year 2001-02.

Note: 2001 Wis. Act 16 inserted the underscored language without showing it as underscored. The change was intended.

AB935, s. 49 Section 49. 49.175 (1) (zh) 1. and 2. (title) of the statutes are repealed.

Note: 2001 Wis. Act 16, section 1711b, states that it amends s. 49.175 (1) (zh), but it treats only s. 49.175 (1) (zh) 2. Drafting records indicate that s. 49.175 (1) (zh) 1. and 2. (title) were intended to be repealed, as s. 49.175 (1) (zh) 1. is obsolete, and that subd. 2. was to be renumbered to par. (zh), rendering the subd. 2. title unnecessary. See also the treatment of 2001 Wis. Act 16, s. 1711b by Section 131 of this bill.

AB935, s. 50 Section 50. 49.45 (2) (a) 3. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB935,18,11 49.45 (2) (a) 3. Determine the eligibility of persons for medical assistance, rehabilitative, and social services under ss. 49.46, 49.468, and 49.47 and rules and policies adopted by the department and shall, under a contract under s. 49.33 (2) (a), designate this function to the county department under s. 46.215, 46.22, or 46.23 or a tribal governing body.

Note: Corrects cross-reference. Effective July 1, 2002, s. 49.33 (2) is repealed and recreated and no longer is divided into paragraphs, although the subject matter remains the same.

AB935, s. 51 Section 51. 49.45 (2) (a) 12. a. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB935,19,7 49.45(2) (a) 12. a. Decertify a provider from or restrict a provider's participation in the medical assistance program, if after giving reasonable notice and opportunity for hearing the department finds that the provider has violated a federal statute or regulation or a state statute or administrative rule and the violation is, by statute, regulation, or rule, grounds for decertification or restriction. The department shall suspend the provider pending the hearing under this subdivision if the department includes in its decertification notice findings that the provider's continued participation in the medical assistance program pending hearing is likely to lead to the irretrievable loss of public funds and is unnecessary to provide adequate access to services to medical assistance recipients. As soon as practicable after the hearing, the department shall issue a written decision. No payment may be made under the medical assistance program with respect to any service or item furnished by the provider subsequent to decertification or during the period of suspension.

Note: Inserts commas for improved grammar.

AB935, s. 52 Section 52 . 49.45 (2) (a) 24. of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 49.45 (2) (a) 24m.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). A provision numbered s. 49.45 (2) (a) 24. existed prior to 2001 Wisconsin Act 16.

AB935, s. 53 Section 53. 49.45 (2) (b) 9. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB935,20,9 49.45 (2) (b) 9. After providing reasonable notice and opportunity for a hearing, charge an assessment to a provider that repeatedly has been subject to recoveries under par. (a) 10. a. because of the provider's failure to follow identical or similar billing procedures or to follow other identical or similar program requirements. The assessment shall be used to defray in part the costs of audits and investigations by the department under sub. (3) (g) and may not exceed $1,000 or 200% of the amount of any such repeated recovery made, whichever is greater. The provider shall pay the assessment to the department within 10 days after receipt of notice of the assessment or the final decision after administrative hearing, whichever is later. The department may recover any part of an assessment not timely paid by offsetting the assessment against any medical assistance payment owed to the provider and may refer any such unpaid assessments not collected in this manner to the attorney general, who may proceed with collection under this subdivision. Failure to timely pay in any manner an assessment charged under this subdivision, other than an assessment that is offset against any medical assistance payment owed to the provider, is grounds for decertification under subd. par. (a) 12. A provider's payment of an assessment does not relieve the provider of any other legal liability incurred in connection with the recovery for which the assessment is charged, but is not evidence of violation of a statute or rule. The department shall credit all assessments received under this subdivision to the appropriation account under s. 20.435 (4) (iL). The department shall promulgate rules to implement this subdivision.

Note: Inserts correct cross-reference. There is no s. 49.45 (2) (b) 12. Section 49.45 (2) (a) 12. relates to decertification. Removes unneeded "such."

AB935, s. 54 Section 54. 49.473 (3) (intro.) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB935,20,16 49.473 (3) (intro.) Prior to applying to the department or a county department for medical assistance, a woman is eligible for medical assistance as provided under sub. (5) beginning on the date on which a qualified entity determines, on the basis of preliminary information, that the women woman meets the requirements specified in sub. (2) and ending on one of the following dates:

Note: Inserts correct word form.

AB935, s. 55 Section 55. 51.13 (4) (g) (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB935,21,11 51.13 (4) (g) (intro.) If the court finds that the minor is in need of psychiatric services or services for developmental disability, alcoholism, or drug abuse in an inpatient facility, that the inpatient facility to which the minor is admitted offers therapy or treatment that is appropriate for the minor's needs and that is the least restrictive therapy or treatment consistent with the minor's needs, and, in the case of a minor aged 14 years of age or older, who is being admitted for the primary purpose of treatment for mental illness or developmental disability, that the application is voluntary on the part of the minor, the court shall permit voluntary admission. If the court finds that the therapy or treatment in the inpatient facility to which the minor is admitted is not appropriate or is not the least restrictive therapy or treatment consistent with the minor's needs, the court may order placement in or transfer to another more appropriate or less restrictive inpatient facility, except that the court may not permit or order placement in or transfer to the northern or southern centers for the developmentally disabled of a minor unless the department gives approval for the placement or transfer, and if the order of the court is approved by all of the following if applicable:

Note: 2001 Wis. Act 16 deleted the stricken comma without showing it as stricken. The change was intended. Inserts "years of age" and removes "aged" for internal consistency.

AB935, s. 56 Section 56. 51.13 (4) (g) 1. of the statutes is amended to read:

AB935,21,15 51.13 (4) (g) 1. The minor if he or she is aged 14 years of age or older and is being admitted for the primary purpose of treatment for mental illness or developmental disability.

Note: Inserts "years of age" and removes "aged" for internal consistency.

AB935, s. 57 Section 57. 51.61 (6) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB935,22,17 51.61 (6) Subject to the rights of patients provided under this chapter, the department, county departments under s. 51.42 or 51.437, and any agency providing services under an agreement with the department or those county departments have the right to use customary and usual treatment techniques and procedures in a reasonable and appropriate manner in the treatment of patients who are receiving services under the mental health system, for the purpose of ameliorating the conditions for which the patients were admitted to the system. The written, informed consent of any patient shall first be obtained, unless the person has been found not competent to refuse medication and treatment under s. 51.61 (1) (g) or the person is a minor 14 years of age or older who is receiving services for alcoholism or drug abuse or a minor under 14 years of age who is receiving services for mental illness, developmental disability, alcoholism, or drug abuse. In the case of a minor, the written, informed consent of the parent or guardian is required, except as provided under an order issued under s. 51.13 (1) (c) or 51.14 (3) (h) or (4) (g). If the minor is 14 years of age or older and is receiving services for mental illness or developmental disability, the written, informed consent of the minor and the minor's parent or guardian is required. A refusal of either a minor 14 years of age or older or the minor's parent or guardian to provide written, informed consent for admission to an approved inpatient treatment facility is reviewable under s. 51.13 (1) (c) 1. and a refusal of either a minor 14 years of age or older or the minor's parent or guardian to provide written, informed consent for outpatient mental health treatment is reviewable under s. 51.14.

Note: Inserts "of age" for improved clarity and internal consistency.

AB935, s. 58 Section 58. 59.52 (11) (c) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB935,23,5 59.52 (11) (c) Employee insurance. Provide for individual or group hospital, surgical and life insurance for county officers and employees and for payment of premiums for such county officers and employees. A county with at least 100 employees may elect to provide health care benefits on a self-insured basis to its officers and employees. A county and one or more cities, villages, towns, or other counties, that together have at least 100 employees, may jointly provide health care benefits to their officers and employees on a self-insured basis. Counties which that elect to provide health care benefits on a self-insured basis to their officers and employees shall be subject to the requirements set forth under s. 120.13 (2) (c) to (e) and (g).

Note: Deletes commas, inserts a specific reference, and replaces "which" with "that" to improve grammar.

AB935, s. 59 Section 59. The treatment of 59.72 (3) of the statutes by 1997 Wisconsin Act 27 is not repealed by 2001 Wisconsin Act 16. Both treatments stand.

Note: There is no conflict of substance. As merged, effective 9-1-03, s. 59.72 (3) reads:

(3)  Land information office. The board may establish a separate county land information office or may direct that an office be established within an existing department, board, commission, agency, institution, authority or office. If the board establishes a county land information office, the office shall coordinate land information projects within the county, between the county and local governmental units, between the state and local governmental units and among local governmental units, the federal government and the private sector. If the board establishes a land information office, the board shall, within 2 years after the land information office is established, develop a countywide plan for land records modernization.

AB935, s. 60 Section 60. 66.1015 (2) (intro.) of the statutes is amended to read:

AB935,23,11 66.1015 (2) (intro.) This section does not prohibit a city, village, town, county, or housing authority or the Wisconsin housing Housing and economic development authority Economic Development Authority from doing any of the following:

Note: Capitalizes title consistent with current style.

AB935, s. 61 Section 61. 66.1105 (5) (bg) of the statutes, as created by 2001 Wisconsin Act 11, is renumbered 66.1105 (5) (bj).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2001 Wis. Act 5 also created an s. 66.1105 (5) (bg).

AB935, s. 62 Section 62. 66.1107 (2) (a) of the statutes is amended to read:

AB935,24,7 66.1107 (2) (a) Holding of a public hearing by the planning commission or by the local governing body at which interested parties are afforded a reasonable opportunity to express their views on the proposed designation and boundaries of a reinvestment neighborhood or area. Notice of the hearing shall be published as a class 2 notice, under ch. 985. Before publication, a copy of the notice shall be sent by 1st class mail to the Wisconsin housing Housing and economic development authority Economic Development Authority, and a copy shall be posted in each school building and in at least 3 other places of public assembly within the reinvestment neighborhood or area proposed to be designated.

Note: Capitalizes authority title consistent with current style.

AB935, s. 63 Section 63. 66.1201 (16) (a) of the statutes is amended to read:

AB935,24,11 66.1201 (16) (a) In this subsection, "government" includes the Wisconsin housing Housing and economic development authority Economic Development Authority.

Note: Capitalizes authority title consistent with current style.

AB935, s. 64 Section 64. 66.1205 (3) of the statutes is amended to read:

AB935,24,16 66.1205 (3) Subsection (1) (a) and (c) does not apply in the case of housing projects to the financing of which the Wisconsin housing Housing and economic development authority Economic Development Authority is a party, as to which ch. 234 shall be controlling.

Note: Capitalizes authority title consistent with current style.

AB935, s. 65 Section 65. 66.1213 (7) (b) of the statutes is amended to read:

AB935,24,20 66.1213 (7) (b) As set down by the Wisconsin housing Housing and economic development authority Economic Development Authority in accordance with ch. 234 in the case of housing projects to the financing of which it is a party.

Note: Capitalizes authority title consistent with current style.

AB935, s. 66 Section 66. 71.05 (1) (c) 1. of the statutes is amended to read:

AB935,25,4 71.05 (1) (c) 1. The Wisconsin housing Housing and economic development authority Economic Development Authority under s. 234.65, if the bonds are used to fund an economic development loan to finance construction, renovation , or development of property that would be exempt under s. 70.11 (36).

Note: Capitalizes authority title consistent with current style.

AB935, s. 67 Section 67. 71.05 (1) (c) 2. of the statutes is amended to read:

AB935,25,8 71.05 (1) (c) 2. The Wisconsin housing Housing and economic development authority Economic Development Authority, if the bonds are to fund a loan under s. 234.935, 1997 stats.

Note: Capitalizes authority title consistent with current style.

AB935, s. 68 Section 68. 73.03 (35) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB935,25,17 73.03 (35) To deny a portion of a credit claimed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), or (2dx), 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1dL), (1ds), (1dx), or (4) (am), or 71.47 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), or (4) (am) if granting the full amount claimed would violate a requirement under s. 560.785 or would bring the total of the credits granted to that claimant under all of those subsections over the limit for that claimant under s. 560.768, 560.795 (2) (b), or 560.797 (5) (b).

Note: 2001 Wis. Act 16 inserted the underscored comma after "560.795 (2) (b)" without showing it as underscored. The change was intended. Reorders subsection cross-reference to be in correct numeric order.

AB935, s. 69 Section 69 . 77.52 (2) (a) 10. of the statutes, as affected by 2001 Wisconsin Act 16, section 2245, is amended to read:

AB935,27,13 77.52 (2) (a) 10. Except for installing or applying tangible personal property which, when installed or applied, will constitute an addition or capital improvement of real property, the repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, and maintenance of all items of tangible personal property unless, at the time of such repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, or maintenance, a sale in this state of the type of property repaired, serviced, altered, fitted, cleaned, painted, coated, towed, inspected, or maintained would have been exempt to the customer from sales taxation under this subchapter, other than the exempt sale of a motor vehicle or truck body to a nonresident under s. 77.54 (5) (a) and other than nontaxable sales under s. 77.51 (14r). For purposes of this paragraph, the following items shall be deemed considered to have retained their character as tangible personal property, regardless of the extent to which any such item is fastened to, connected with , or built into real property: furnaces, boilers, stoves, ovens, including associated hoods and exhaust systems, heaters, air conditioners, humidifiers, dehumidifiers, refrigerators, coolers, freezers, water pumps, water heaters, water conditioners and softeners, clothes washers, clothes dryers, dishwashers, garbage disposal units, radios and radio antennas, incinerators, television receivers and antennas, record players, tape players, jukeboxes, vacuum cleaners, furniture and furnishings, carpeting and rugs, bathroom fixtures, sinks, awnings, blinds, gas and electric logs, heat lamps, electronic dust collectors, grills and rotisseries, bar equipment, intercoms, recreational, sporting, gymnasium and athletic goods and equipment including by way of illustration but not of limitation bowling alleys, golf practice equipment, pool tables, punching bags, ski tows, and swimming pools; equipment in offices, business facilities, schools, and hospitals but not in residential facilities including personal residences, apartments, long-term care facilities, as defined under s. 16.009 (1) (em), state institutions, as defined under s. 101.123 (1) (i), or similar facilities, including, by way of illustration but not of limitation, lamps, chandeliers, and fans, venetian blinds, canvas awnings, office and business machines, ice and milk dispensers, beverage-making equipment, vending machines, soda fountains, steam warmers and tables, compressors, condensing units and evaporative condensers, pneumatic conveying systems; laundry, dry cleaning, and pressing machines, power tools, burglar alarm and fire alarm fixtures, electric clocks, and electric signs. "Service" does not include services performed by veterinarians. The tax imposed under this subsection applies to the repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, or maintenance of items listed in this subdivision, regardless of whether the installation or application of tangible personal property related to the items is an addition to or a capital improvement of real property, except that the tax imposed under this subsection does not apply to the original installation or the complete replacement of an item listed in this subdivision, if such installation or replacement is a real property construction activity under s. 77.51 (2).

Note: 2001 Wis. Act 16 inserted the stricken comma without showing it as underscored. No change was intended. The underscored commas are added to improve grammar. Replaces disfavored term.

AB935, s. 70 Section 70 . 77.52 (2) (a) 10. of the statutes, as affected by 2001 Wisconsin Act 16, section 2245d, is amended to read:

AB935,29,9 77.52 (2) (a) 10. Except for installing or applying tangible personal property which, when installed or applied, will constitute an addition or capital improvement of real property, the repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, and maintenance of all items of tangible personal property unless, at the time of such repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, or maintenance, a sale in this state of the type of property repaired, serviced, altered, fitted, cleaned, painted, coated, towed, inspected, or maintained would have been exempt to the customer from sales taxation under this subchapter, other than the exempt sale of a motor vehicle or truck body to a nonresident under s. 77.54 (5) (a) and other than nontaxable sales under s. 77.51 (14r). For purposes of this paragraph, the following items shall be deemed considered to have retained their character as tangible personal property, regardless of the extent to which any such item is fastened to, connected with , or built into real property: furnaces, boilers, stoves, ovens, including associated hoods and exhaust systems, heaters, air conditioners, humidifiers, dehumidifiers, refrigerators, coolers, freezers, water pumps, water heaters, water conditioners and softeners, clothes washers, clothes dryers, dishwashers, garbage disposal units, radios and radio antennas, incinerators, television receivers and antennas, record players, tape players, jukeboxes, vacuum cleaners, furniture and furnishings, carpeting and rugs, bathroom fixtures, sinks, awnings, blinds, gas and electric logs, heat lamps, electronic dust collectors, grills and rotisseries, bar equipment, intercoms, recreational, sporting, gymnasium and athletic goods and equipment including by way of illustration but not of limitation bowling alleys, golf practice equipment, pool tables, punching bags, ski tows, and swimming pools; equipment in offices, business facilities, schools and hospitals but not in residential facilities including personal residences, apartments, long-term care facilities, as defined under s. 16.009 (1) (em), state institutions, as defined under s. 101.123 (1) (i), Type 1 secured correctional facilities, as defined in s. 938.02 (19), or similar facilities, including, by way of illustration but not of limitation, lamps, chandeliers, and fans, venetian blinds, canvas awnings, office and business machines, ice and milk dispensers, beverage-making equipment, vending machines, soda fountains, steam warmers and tables, compressors, condensing units and evaporative condensers, pneumatic conveying systems; laundry, dry cleaning, and pressing machines, power tools, burglar alarm and fire alarm fixtures, electric clocks and electric signs. "Service" does not include services performed by veterinarians. The tax imposed under this subsection applies to the repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, or maintenance of items listed in this subdivision, regardless of whether the installation or application of tangible personal property related to the items is an addition to or a capital improvement of real property, except that the tax imposed under this subsection does not apply to the original installation or the complete replacement of an item listed in this subdivision, if such installation or replacement is a real property construction activity under s. 77.51 (2).

Note: 2001 Wis. Act 16 inserted the stricken comma without showing it as underscored. No change was intended. The underscored commas are added for improved grammar. Replaces disfavored term.

AB935, s. 71 Section 71. 84.072 (4) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB935,30,3 84.072 (4) Requirements of certified businesses. A business certified as a disadvantaged business shall, within 30 days after a change in the business's size, disadvantaged status, ownership, or control that could preclude its certification as a disadvantaged business under 49 CFR 26, notify the department of such that change by sworn and notarized statement. A business certified as a disadvantaged business shall submit annually to the department a sworn, notarized statement attesting that there have been no changes to the business's size, disadvantaged status, ownership, or control, or its gross receipts, that would preclude its certification as a disadvantaged business under 49 CFR 26. The notice shall include a statement that the business meets the size and gross receipts criteria for certification, and shall include documentary evidence supporting that statement. The department shall remove the certification of any disadvantaged business that fails to provide the statement within 13 months after certification under this section, or within 13 months after it last submitted to the department the information required under this subsection, whichever is later.

Note: Replaces disfavored term and inserts article and "its" to improve grammar and clarity.

AB935, s. 72 Section 72. 84.1040 of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 84.1037.

Note: Confirms renumbering by the Revisor under s. 13.93 (1) (b). In the Wisconsin statutory numbering system, ss. 84.104 and 84.1040 are equivalent. Section 84.104 was previously existing.

AB935, s. 73 Section 73. 85.25 (2) (a) of the statutes is amended to read:

AB935,30,11 85.25 (2) (a) "Business development organization" means the Wisconsin housing Housing and economic development authority Economic Development Authority under s. 234.02 or any private organization which that prepares business and loan plans for and provides other financial, management, and technical assistance to disadvantaged businesses.

Note: Capitalizes authority title consistent with current style.

AB935, s. 74 Section 74. 93.23 (1) (i) of the statutes is amended to read:

AB935,30,21 93.23 (1) (i) Incorporated dairy or livestock associations, upon substantial compliance with pars. (a) to (h) (g), shall be entitled to the state aid therein provided for upon premiums paid for dairy products or livestock or upon articles pertaining to the production or manufacture of such products or the raising of such livestock, in any county in which no annual fair is held by any organized agricultural society, association, or board. State aid shall be paid to but one such dairy or livestock association in any one county. All moneys received by any such association shall be paid out by it for the premiums provided for in this subsection substantially as provided in sub. (2).