SB558: Bill Text

Note: Corrects spelling.

SB558, s. 32 Section 32. 59.40 (3) (b) of the statutes is amended to read:

SB558,14,4 59.40 (3) (b) Except as provided in par. (c), the clerk may invest any funds that are paid into his or her office and are being held for repayment. The investments shall be made in suitably protected accounts in the manner specified in s. 66.0603 (1) (1m) and all income that may accrue shall be paid into the county general fund.

Note: Inserts the correct cross-reference. Section 66.0603 (1) was renumbered s. 66.0603 (1m) by 1999 Wis. Act 186.

SB558, s. 33 Section 33. 66.0143 (2) (c) of the statutes is amended to read:

SB558,14,14 66.0143 (2) (c) The political subdivision shall specify in its request for a waiver its reason for requesting the waiver. Upon receipt of a request for a waiver, the department of revenue shall forward the request to the administrative agency which that is responsible for administrating the state mandate. The agency shall determine whether to grant the waiver and shall notify the political subdivision and the department of revenue of its decision in writing. If no agency is responsible for administrating the state mandate, the department of revenue shall determine whether to grant the waiver and shall notify the political subdivision of its decision in writing.

Note: Replaces "which" with "that" to correct grammar.

SB558, s. 34 Section 34. 66.0719 (2) of the statutes is amended to read:

SB558,15,2 66.0719 (2) If a special assessment is levied for any public improvement, any amount collected on that special assessment or received from the county shall be deposited in the general fund of the local governmental unit if the payment for the improvement was made out of its general fund, deposited in the funds and accounts of a public utility established under s. 66.0621 (2) (4) (c) if the improvement was paid out of the proceeds of revenue obligations of the local governmental unit, or deposited in the debt service fund required for the payment of bonds or notes issued under ch. 67 if the improvement was paid out of the proceeds of the bonds or notes. That special assessment, when delinquent, shall be returned in trust for collection and the local governmental unit has the same rights as provided in s. 66.0713 (3) 67.16 (2) (c).

Note: Corrects cross-references. 1999 Wis. Act 150 renumbered s. 66.066 (2) (c) to s. 66.0621 (4) (c), but the cross-reference in this provision was not amended correctly. 1999 Wis. Act 150 renumbered s. 66.54 (9) (c) to s. 67.16 (2) (c) but changed the cross-reference to s. 66.54 (9) (c) in this provision to s. 66.0713 (3) (c).

SB558, s. 35 Section 35. 66.0821 (4) (a) of the statutes is amended to read:

SB558,15,14 66.0821 (4) (a) The governing body of the municipality may establish sewerage service charges in an amount to meet all or part of the requirements for the construction, reconstruction, improvement, extension, operation, maintenance, repair, and depreciation of the sewerage system, and for the payment of all or part of the principal and interest of any indebtedness incurred for those purposes, including the replacement of funds advanced by or paid from the general fund of the municipality. Service charges made by a metropolitan sewerage district to any town, village, or city shall be levied by the town, village , or city against the individual sewer system users within the corporate limits of the municipality, and the municipality shall collect the charges and promptly remit them to the metropolitan sewerage district. Delinquent charges shall be collected in accordance with sub. (4) (c) (d).

Note: Inserts correct cross-reference. 1999 Wis. Act 150 renumbered both s. 66.076 (5) (b) and (7) to be s. 66.0821 (4) (c). 2001 Wis. Act 30 renumbered s. 66.0821 (4) (c), as renumbered from s. 66.076 (7), to be s. 66.0821 (4) (d). Prior to 1999 Wis. Act 150, the cross-reference amended here was to s. 66.076 (7).

SB558, s. 36 Section 36. 71.05 (6) (a) 10. of the statutes is amended to read:

SB558,16,17 71.05 (6) (a) 10. For the taxable year, for a person who is not "actively engaged in farming",," as that term is used in 7 CFR 1497.201 1400.201, combined net losses, exclusive of net gains from the sale or exchange of capital or business assets and exclusive of net profits, from businesses, from rents, from partnerships, from limited liability companies, from S corporations, from estates, or from trusts, under section 165 of the internal revenue code Internal Revenue Code, except losses allowable under sections 1211 and 1231 of the internal revenue code Internal Revenue Code, otherwise includable in calculating Wisconsin income if those losses are incurred in the operation of a farming business, as defined in section 464 (e) 1. of the internal revenue code Internal Revenue Code to the extent that those combined net losses exceed $20,000 if nonfarm Wisconsin adjusted gross income exceeds $55,000 but does not exceed $75,000, exceed $17,500 if nonfarm Wisconsin adjusted gross income exceeds $75,000 but does not exceed $100,000, exceed $15,000 if nonfarm Wisconsin adjusted gross income exceeds $100,000 but does not exceed $150,000, exceed $12,500 if nonfarm Wisconsin adjusted gross income exceeds $150,000 but does not exceed $200,000, exceed $10,000 if nonfarm Wisconsin adjusted gross income exceeds $200,000 but does not exceed $250,000, exceed $7,500 if nonfarm Wisconsin adjusted gross income exceeds $250,000 but does not exceed $300,000, exceed $5,000 if nonfarm Wisconsin adjusted gross income exceeds $300,000 but does not exceed $600,000, and exceed $0 if nonfarm adjusted gross income exceeds $600,000, except that the amounts applicable to married persons filing separately are 50% of the amounts specified in this subdivision.

Note: Inserts the correct cross-reference. The relevant federal regulation was recodified. Changes capitalization and punctuation consistent with currant style.

SB558, s. 37 Section 37. 71.10 (7) (c) 1. of the statutes is renumbered 71.10 (7) (c).

Note: Removes unnecessary subdivision number. Section 71.10 (7) (c) is not subdivided.

SB558, s. 38 Section 38. 77.52 (13) of the statutes is amended to read:

SB558,17,10 77.52 (13) For the purpose of the proper administration of this section and to prevent evasion of the sales tax it shall be presumed that all receipts are subject to the tax until the contrary is established. The burden of proving that a sale of tangible personal property or services is not a taxable sale at retail is upon the person who makes the sale unless that person takes from the purchaser a certificate to the effect that the property or service is purchased for resale or is otherwise exempt; except that no certificate is required for sales of cattle, sheep, goats, and pigs that are sold at a livestock an animal market, as defined in s. 95.68 (1) (e) (ag), and no certificate is required for sales of commodities, as defined in 7 USC 2, that are consigned for sale in a warehouse in or from which the commodity is deliverable on a contract for future delivery subject to the rules of a commodity market regulated by the U.S. commodity futures trading commission if upon the sale the commodity is not removed from the warehouse.

Note: Section 95.68 (1) (e) was renumbered to 95.68 (1) (ag) and "livestock market" was changed to "animal market" by 2001 Wis. Act 56.

SB558, s. 39 Section 39. 77.524 (1) (intro.) of the statutes is amended to read:

SB558,17,12 77.524 (1) (intro.) In this subsection section:

Note: The definitions in this subsection apply to the whole section.

SB558, s. 40 Section 40. 77.53 (10) of the statutes is amended to read:

SB558,18,4 77.53 (10) For the purpose of the proper administration of this section and to prevent evasion of the use tax and the duty to collect the use tax, it is presumed that tangible personal property or taxable services sold by any person for delivery in this state is sold for storage, use, or other consumption in this state until the contrary is established. The burden of proving the contrary is upon the person who makes the sale unless that person takes from the purchaser a certificate to the effect that the property or taxable service is purchased for resale, or otherwise exempt from the tax; except that no certificate is required for sales of cattle, sheep, goats, and pigs that are sold at a livestock an animal market, as defined in s. 95.68 (1) (e) (ag), and no certificate is required for sales of commodities, as defined in 7 USC 2, that are consigned for sale in a warehouse in or from which the commodity is deliverable on a contract for future delivery subject to the rules of a commodity market regulated by the U.S. commodity futures trading commission if upon the sale the commodity is not removed from the warehouse.

Note: Section 95.68 (1) (e) was renumbered to 95.68 (1) (ag)) and "livestock market" was changed to "animal market" by 2001 Wis. Act 56.

SB558, s. 41 Section 41. 95.22 (1) (a), (b) and (c) of the statutes, as affected by 2001 Wisconsin Act 109, are renumbered 95.22 (1), (2) and (3).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2001 Wis. Act 109 renumbered s. 95.22 without taking into account the treatment of that section by 2001 Wis. Act 56. This section restores the numbering by Act 56.

SB558, s. 42 Section 42. 95.22 (2) of the statutes, as created by 2001 Wisconsin Act 109, is renumbered 95.22 (4).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2001 Wis. Act 109 renumbered s. 95.22 without taking into account the treatment of that section by 2001 Wis. Act 56. This section makes the numbering of the subsection created by Act 109 consistent with the numbering by Act 56.

SB558, s. 43 Section 43. 99.02 (2) (c) of the statutes is amended to read:

SB558,18,11 99.02 (2) (c) A person who operates a warehouse storing only grain, as defined under s. 127.01 (18) 126.01 (13).

Note: Section 127.01 was repealed by 2001 Wis. Act 16. The definition of "grain" now appears at s. 126.01 (13).

SB558, s. 44 Section 44. 101.563 (2) (b) 1. of the statutes is amended to read:

SB558,19,10 101.563 (2) (b) 1. `Payments from calendar year 2001 dues.' Notwithstanding s. 101.575 101.573 (3) (a), by the 30th day following July 30, 2002, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), subtract the total amount due to be paid under par. (a), withhold 0.5%, and certify to the state treasurer the proper amount to be paid from the appropriation under s. 20.143 (3) (L) to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) (b) and s. 101.575. If the department has previously certified an amount to the state treasurer under s. 101.57 101.573 (3) (a) during calendar year 2002, the department shall recertify the amount in the manner provided under this subdivision. On or before August 1, 2002, the state treasurer shall pay the amounts certified or recertified by the department under this subdivision to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) and s. 101.575. The state treasurer may combine any payment due under this subdivision with any amount due to be paid on or before August 1, 2002, to the same city, village, or town under par. (a).

Note: Inserts correct cross-reference, consistent with the remainder of s. 101.563, as created by 2001 Wis. Act 109.

SB558, s. 45 Section 45. 101.563 (2) (b) 3. of the statutes is amended to read:

SB558,20,2 101.563 (2) (b) 3. `Payments to correct errors.' The amounts withheld under subds. 1. and 2. shall be disbursed to correct errors of the department or the commissioner of insurance. The department shall certify to the state treasurer the amount that must be disbursed to correct an error and the state treasurer shall pay the amount to the specified city, village, or town. The balance of the amount withheld in a calendar year under subds. subd. 1. or 2., as applicable, which that is not disbursed under this subdivision shall be included in the total compiled by the department under subd. 2. for the next calendar year, except that amounts withheld under subd. 2. from fire department dues collected for calendar year 2004 that are not disbursed under this subdivision shall be included in the total compiled by the department under s. 101.573 (3) (a) for the next calendar year. If errors in payments exceed the amount withheld, adjustments shall be made in the distribution for the next year.

Note: The other subdivisions in s. 101.563 (2) (b) have titles. Corrects cross-reference. Replaces "which" with "that" to correct grammar.

SB558, s. 46 Section 46. 101.951 (6) (m) of the statutes is amended to read:

SB558,20,6 101.951 (6) (m) Having sold a retail installment contract to a sales finance company, as defined in s. 218.01 (1) (v) 218.0101 (34) (a), that is not licensed under s. 218.01 ss. 218.0101 to 218.0163.

Note: Corrects cross-references. 1999 Wis. Act 31 renumbered s. 218.01 to ss. 218.0101 to 218.0163, specifically renumbering s. 218.01 (1) (v) to s. 218.0101 (34) (a).

SB558, s. 47 Section 47. The treatment of 115.88 (8) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 117. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 115.88 (8) reads:

(8) Enrollment out of state. If a child with a disability is enrolled in a public special education program located in another state and the state superintendent is satisfied that the program in which the child is enrolled complies with this subchapter, the state superintendent shall certify to the department of administration in favor of the school district in which the child resides or the school district attended by the child under s. 118.51 or 121.84 (1) (a) or (4) a sum equal to the amount expended by the school district during the preceding year for the additional costs associated with the child's special education program as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

SB558, s. 48 Section 48. 121.05 (1) (a) 11. of the statutes is amended to read:

SB558,20,11 121.05 (1) (a) 11. Pupils residing in the school district but attending a public school in another school district under s. 118.51 or, 121.84 (4), or 121.85 (3) (a).

Note: Corrects punctuation required by a merger of two 1999 acts by the revisor under s. 13.93 (2) (c).

SB558, s. 49 Section 49. 126.62 (2) 1. and 2. of the statutes are renumbered 126.62 (2) (a) and (b).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b) to conform numbering to current style. 2001 Wis. Act 16 created s. 126.62 (2) 1. and 2. instead of s. 126.62 (2) (a) and (b).

SB558, s. 50 Section 50. 180.1708 (5) of the statutes is amended to read:

SB558,21,4 180.1708 (5) Mergers. Sections 180.1101 and 180.1103 to 180.1107 180.1106 apply to a merger, and ss. 180.1301 to 180.1331 apply to dissenters' rights arising from a merger, for which a plan of merger is approved by the board of directors on or after January 1, 1991.

Note: 2001 Wis. Act 44 repealed s. 180.1107.

SB558, s. 51 Section 51. 180.1805 (5) of the statutes is amended to read:

SB558,21,8 180.1805 (5) By merger or share exchange that becomes effective under ss. 180.1101 to 180.1107 180.1106 or a share exchange of existing shares for other shares of a different class or series in the corporation.

Note: 2001 Wis. Act 44 repealed s. 180.1107.

SB558, s. 52 Section 52. The treatment of 185.981 (4t) of the statutes by 1999 Wisconsin Act 95 is not repealed by 1999 Wisconsin Act 115. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 185.983 (4t) reads:

(4t) A sickness care plan operated by a cooperative association is subject to ss. 252.14, 631.17, 631.89, 631.95, 632.72 (2), 632.745 to 632.749, 632.85, 632.853, 632.855, 632.87 (2m), (3), (4) and (5), 632.895 (10) to (14) and 632.897 (10) and chs. 149 and 155.

SB558, s. 53 Section 53. The treatment of 185.983 (1) (intro.) of the statutes by 1999 Wisconsin Act 95 is not repealed by 1999 Wisconsin Act 115. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 185.983 (1) (intro.) reads:

(1) Every such voluntary nonprofit sickness care plan shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.67, 619.04, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.745 to 632.749, 632.775, 632.79, 632.795, 632.85, 632.853, 632.855, 632.87 (2m), (3), (4) and (5), 632.895 (5) and (9) to (14), 632.896 and 632.897 (10) and chs. 609, 630, 635, 645 and 646, but the sponsoring association shall:

SB558, s. 54 Section 54. 186.35 (12) (intro.) of the statutes is amended to read:

SB558,21,16 186.35 (12) Computations. (intro.) Except as provided in sub. (12m), each member credit union's fractional share of liquidating distributions under sub. (11) and special assessments under sub. (5) (d) 2. shall be calculated as follows:

Note: Section 186.35 (11) was repealed by 1995 Wis. Act 151.

SB558, s. 55 Section 55. 287.11 (4) (a) 4. of the statutes is amended to read:

SB558,22,3 287.11 (4) (a) 4. Specify a procedure to be used by the department to determine whether a responsible unit has achieved the goals under par. (a) subd. 1.

Note: Inserts correct cross-reference. Subdivision 4. refers to goals, which are set under subd. 1. Paragraph (a) cannot be a proper cross-reference as subd. 4. is part of par. (a).

SB558, s. 56 Section 56. 301.03 (19) of the statutes is amended to read:

SB558,22,8 301.03 (19) Work to minimize, to the greatest extent possible, the residential population density of sex offenders, as defined in s. 302.116 (1) (b), who are on probation, parole, or extended supervision or placed on supervised release under s. 980.06 (2) (c), 1997 stats., or s. 980.08 (5).

Note: Corrects citation form.

SB558, s. 57 Section 57. 302.01 (10) of the statutes, as affected by 2001 Wisconsin Acts 16 and 103, is amended to read:

SB558,22,12 302.01 (10) The penitentiary at the village of Sturtevant in Racine County is named "Racine Correctional Institution."

SB558,22,14 (10m) The medium security correctional institution near Black River Falls is named "Jackson Correctional Institution."

Note: Confirms the numbering of sub. (10m) by the revisor under s. 13.93 (1) (b).

SB558, s. 58 Section 58. 303.065 (1) (b) 1. of the statutes is amended to read:

SB558,22,20 303.065 (1) (b) 1. A person serving a life sentence, other than a life sentence specified in subd. 2., may be considered for work release only after he or she has reached parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b), whichever is applicable, or he or she has reached his or her extended supervision eligibility date under s. 302.114 (9) (a) (am) or 973.014 (1g) (a) 1. or 2., whichever is applicable.

Note: Inserts the correct cross-reference. 2001 Wis. Act 109 renumbered s. 302.114 (9) (a) to s. 302.114 (9) (am).

SB558, s. 59 Section 59. 340.01 (18p) of the statutes is amended to read:

SB558,23,5 340.01 (18p) "Flood damaged vehicle" means any motor vehicle that is not precluded from subsequent registration or titling and which that is damaged by flood to the extent that the estimated or actual cost, whichever is greater, of repairing the vehicle exceeds 70% of its fair market value.

Note: Replaces "which" with "that" to correct grammar.

SB558, s. 60 Section 60. 340.01 (20m) of the statutes is amended to read:

SB558,23,10 340.01 (20m) "Hail-damaged vehicle" means a vehicle less than 7 years old that is not precluded from subsequent registration and titling and which that is damaged solely by hail to the extent that the estimated or actual cost, whichever is greater, of repairing the vehicle exceeds 70% of its fair market value.

Note: Replaces "which" with "that" to correct grammar.

SB558, s. 61 Section 61. 340.01 (55g) of the statutes is amended to read:

SB558,23,17 340.01 (55g) "Salvage vehicle" means a vehicle less than 7 years old that is not precluded from subsequent registration and titling and which that is damaged by collision or other occurrence to the extent that the estimated or actual cost, whichever is greater, of repairing the vehicle exceeds 70% of its fair market value. The term does not include a hail-damaged vehicle unless the vehicle is repaired with any replacement part, as defined in s. 632.38 (1) (e).

Note: Replaces "which" with "that" to correct grammar.

SB558, s. 62 Section 62. 341.26 (3m) of the statutes is amended to read: