2. For the purposes of an entity that serves persons under the age of 18, "serious
crime" includes a violation of s. 948.02 (2), 948.03 (2) (b) or (c), 948.05, 948.055, 948.06,
948.07, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1), 948.30, or
948.53 or a violation of the law of any other state or United States jurisdiction that would
be a violation of s. 948.02 (2), 948.03 (2) (b) or (c), 948.05, 948.055, 948.06, 948.07, 948.08,
948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1), 948.30, or 948.53 if committed
in this state.
SB301, s. 71
1Section 71. 50.09 (1) (f) 1. of the statutes, as affected by 2005 Wisconsin Act
2187
, is amended to read:
SB301,26,63 50.09 (1) (f) 1. `Privacy for visits by spouse.' If both spouses are residents of the
4same facility, they shall be permitted to share a room unless medically
5contraindicated as documented by the resident's physician or advanced practice
6nurse prescriber in the resident's medical record.
Note: The single quote marks were inserted without being underscored. No
change was intended.
SB301, s. 72 7Section 72. 50.14 (4) of the statutes, as affected by 2005 Wisconsin Acts 25 and
849, is amended to read:
SB301,26,139 50.14 (4) Sections 77.59 (1) to (5m), (6) (intro.), (a) and (c) and (7) to (10), 77.60
10(1) to (7), (9) and (10), 77.61 (9) and (12) to (14) and 77.62, as they apply to the taxes
11under subch. III of ch. 77, apply to the assessment under this section, except that the
12amount of any assessment collected under s. 77.59 (7) in excess of $13,800,000 45
13percent
in a fiscal year shall be deposited in the Medical Assistance trust fund.
Note: The stricken text was inserted by 2005 Wis. Act 49 but rendered without
effect by the treatment by 2005 Wis. Act 25.
SB301, s. 73 14Section 73. The treatment of 50.39 (3) of the statutes by 2005 Wisconsin Act
1522
is not repealed by 2005 Wisconsin Act 344. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 50.39 (3) reads:
(3) Facilities governed by ss. 45.50, 48.62, 49.70, 49.72, 50.02, 51.09, and 252.10,
juvenile correctional facilities as defined in s. 938.02 (10p), correctional institutions
governed by the department of corrections under s. 301.02, and the offices and clinics of
persons licensed to treat the sick under chs. 446, 447, and 448 are exempt from ss. 50.32
to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board,
physical therapists affiliated credentialing board, podiatrists affiliated credentialing
board, dentistry examining board, pharmacy examining board, chiropractic examining
board, and board of nursing in carrying out their statutory duties and responsibilities.
SB301, s. 74 16Section 74. The treatment of 51.05 (2) of the statutes by 2005 Wisconsin Act
17344
is not repealed by 2005 Wisconsin Act 387. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor s. 51.05 (2) reads:

(2) Admissions authorized by counties. The department may not accept for
admission to a mental health institute any resident person, except in an emergency,
unless the county department under s. 51.42 in the county where the person has
residence authorizes the care under s. 51.42 (3) (as). Patients who are committed to the
department under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17,
975.06, or 980.06, admitted by the department under s. 975.17, 1977 stats., or are
transferred from a juvenile correctional facility or a secured residential care center for
children and youth to a state treatment facility under s. 51.35 (3) or from a jail or prison
to a state treatment facility under s. 51.37 (5) are not subject to this section.
SB301, s. 75 1Section 75. The treatment of 51.30 (4) (b) 8m. of the statutes by 2005
2Wisconsin Act 387
is not repealed by 2005 Wisconsin Act 434. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor s. 51.30 (4) (b)
8m. reads:
8m. To appropriate examiners and facilities in accordance with s. 54.36 (3), 971.17
(2) (e), (4) (c), and (7) (c). The recipient of any information from the records shall keep the
information confidential except as necessary to comply with s. 971.17.
SB301, s. 76 3Section 76. 51.42 (3) (aw) 1. d. of the statutes, as affected by 2005 Wisconsin
4Acts 431
and 434, is amended to read:
SB301,27,125 51.42 (3) (aw) 1. d. Provide treatment and services that are specified in a
6conditional release plan approved by a court for a person who is a county resident and
7is conditionally released under s. 971.17 (3) or (4) or that are specified in a supervised
8release plan approved by a court under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003
9stats., or s. 980.08 (b) (4) (g). If the county department provides treatment and
10services under this subdivision, the department of health and family services shall,
11from the appropriation under s. 20.435 (2) (bj), pay the county department for the
12costs of the treatment and services.
Note: Deletes the paragraph designation of a cross-reference inserted by 2005
Wis. Act 431
, but rendered surplusage by the removal of the subsection portion of the
cross-reference by 2005 Wis. Act 434.
SB301, s. 77 13Section 77. The treatment of 51.61 (1) (o) of the statutes by 2005 Wisconsin
14Act 387
is not repealed by 2005 Wisconsin Act 434. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor s. 51.61 (1) (o)
reads:
(o) Except as otherwise provided, have a right not to be filmed or taped, unless the
patient signs an informed and voluntary consent that specifically authorizes a named

individual or group to film or tape the patient for a particular purpose or project during
a specified time period. The patient may specify in the consent periods during which, or
situations in which, the patient may not be filmed or taped. If a patient is adjudicated
incompetent, the consent shall be granted on behalf of the patient by the patient's
guardian. A patient in Goodland Hall at the Mendota Mental Health Institute, or a
patient detained or committed under ch. 980 and placed in a facility specified under s.
980.065, may be filmed or taped for security purposes without the patient's consent,
except that such a patient may not be filmed in patient bedrooms or bathrooms without
the patient's consent unless the patient is engaged in dangerous or disruptive behavior.
A treatment activity involving a patient committed or detained under ch. 980 may be
filmed or taped if the purpose of the recording is to assess the quality of the treatment
activity or to facilitate clinical supervision of the staff involved in the treatment activity.
SB301, s. 78 1Section 78. 54.44 (5m) (title) of the statutes is created to read:
SB301,28,22 54.44 (5m) (title) Participation by interested persons.
Note: The other subsections in s. 54.44 have titles.
SB301, s. 79 3Section 79. 59.10 (3) (cm) 1. of the statutes, as created by 2005 Wisconsin Act
4100
, is amended to read:
SB301,29,55 59.10 (3) (cm) 1. `Number of supervisors; redistricting.' Except as provided in
6subd. 3, following the enactment of a decennial supervisory district plan under par.
7(b), the board may decrease the number of supervisors. In that case, the board shall
8redistrict, readjust, and change the boundaries of supervisory districts, so that the
9number of districts equals the number of supervisors, the districts are substantially
10equal in population according to the most recent countywide federal census, the
11districts are in as compact a form as possible, and the districts consist of contiguous
12whole wards in existence at the time at which the redistricting plan is adopted. In
13the redistricting plan, the board shall adhere to the requirements under par. (b) 2.
14and 3. with regard to contiguity and shall, to the extent possible, place whole
15contiguous municipalities or contiguous parts of the same municipality within the
16same district. In redistricting under this subdivision, the original numbers of the
17districts in their geographic outlines, to the extent possible, shall be retained. No
18plan may be enacted under this subdivision during review of the sufficiency of a

1petition filed under subd. 2. nor after a referendum is scheduled on such a petition.
2However, if the electors of the county reject a change in the number of supervisory
3districts under subd. 2., the board may then take action under this subdivision except
4as provided in subd. 3. The county clerk shall file a certified copy of any redistricting
5plan enacted under this subdivision with the secretary of state.
Note: 2005 Wis. Act 235 repealed s. 59.10 (3) (b) 3.
SB301, s. 80 6Section 80. 59.35 (5) of the statutes, as affected by 2005 Wisconsin Act 127,
7is amended to read:
SB301,29,108 59.35 (5) A person holding office under this section may also serve as a an
9emergency medical technician, a first responder, a fire fighter or a chief, deputy chief
10or assistant chief of a fire department.
Note: Inserts correct article.
SB301, s. 81 11Section 81. 60.61 (4) (e) of the statutes, as created by 2005 Wisconsin Act 208,
12is renumbered 60.61 (4) (f).
Note: 2005 Wis. Act 171 also created a provision numbered s. 60.61 (4) (e).
SB301, s. 82 13Section 82. 66.0403 (1) (h) of the statutes is amended to read:
SB301,29,1514 66.0403 (1) (h) "Owner" means at least one owner, as defined under s. 66.0217
15(1) (c) (d), of a property or the personal representative of at least one owner.
Note: Corrects cross-reference. "Owner" is defined at s. 66.0217 (1) (d).
SB301, s. 83 16Section 83. 70.111 (3m) of the statutes is amended to read:
SB301,29,2217 70.111 (3m) Charter sport fishing boats. Motorboats, and the equipment
18used on them, which are regularly employed in carrying persons for hire for sport
19fishing in and upon the outlying waters, as defined in s. 29.001 (63), and the rivers
20and tributaries specified in s. 29.191 (5) 29.2285 (2) (a) 1. and 2. if the owner and all
21operators are licensed under s. 29.512 or under s. 29.514 or both and by the U.S. coast
22guard to operate the boat for that purpose.

Note: Section 29.191 (5) was renumbered s. 29.2285 (2) by 2005 Wis. Act 25.
SB301, s. 84 1Section 84. 71.07 (3w) (c) 1. of the statutes, as created by 2005 Wisconsin Act
2361
, is amended to read:
SB301,30,73 71.07 (3w) (c) 1. If the allowable amount of the claim under this subsection
4exceeds the taxes otherwise due on the claimant's income under s. 71.02, the amount
5of the claim that is not used to offset those taxes shall be certified by the department
6of revenue to the department of administration for payment by check, share draft,
7or other draft drawn from the appropriation under s. 20.835 (2) (cm) (co).
Note: Section 20.835 (2) (cm), as created by 2005 Wis. Act 361, is renumbered to
s. 20.835 (2) (co) by this bill.
SB301, s. 85 8Section 85 . 71.08 (1) (intro.) of the statutes, as affected by 2005 Wisconsin Act
9479
, is amended to read:
SB301,30,1910 71.08 (1) Imposition. (intro.) If the tax imposed on a natural person, married
11couple filing jointly, trust, or estate under s. 71.02, not considering the credits under
12ss. 71.07 (1), (2dd), (2de), (2di), (2dj), (2dL), (2dr), (2ds), (2dx), (2fd), (3c), (3e), (3m),
13(3n), (3s), (3t), (3w), (5b), (5d), (5e), (5f), (6), (6e), and (9e), 71.28 (1dd), (1de), (1di),
14(1dj), (1dL), (1ds), (1dx), (1fd), (2m), (3), (3n), (3t), and (3w), and 71.47 (1dd), (1de),
15(1di), (1dj), (1dL), (1ds), (1dx), (1fd), (2m), (3), (3n), (3t), and (3w), and subchs. VIII
16and IX and payments to other states under s. 71.07 (7), is less than the tax under this
17section, there is imposed on that natural person, married couple filing jointly, trust
18or estate, instead of the tax under s. 71.02, an alternative minimum tax computed
19as follows:
Note: The creation of s. 71.07 (3c) and (3e) was removed from 2005 Wis. Act 361
by the governor's partial veto. 2005 Wis. Act 483 amended this subsection to insert "(5f),"
but 2005 Wis. Act 479 repealed and recreated the provision without taking the Act 483
treatment into account.
SB301, s. 86 20Section 86. 71.10 (5g) of the statutes, as created by 2005 Wisconsin Act 71, is
21renumbered 71.10 (5m).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act
25
also created a provision numbered s. 71.10 (5g).
SB301, s. 87 1Section 87. The treatment of 71.10 (6) (a) of the statutes by 2005 Wisconsin
2Act 25
is not repealed by 2005 Wisconsin Act 49. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 71.10 (6) (a)
reads:
(a) Joint returns. Persons filing a joint return are jointly and severally liable for
the tax, interest, penalties, fees, additions to tax and additional assessments under this
chapter applicable to the return. Except as provided in par. (e), a person shall be relieved
of liability in regard to a joint return in the manner specified in section 6015 (a) to (d) and
(f) of the Internal Revenue Code.
SB301, s. 88 3Section 88. The treatment of 71.10 (6) (b) of the statutes by 2005 Wisconsin
4Act 25
is not repealed by 2005 Wisconsin Act 49. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 71.10 (6) (b)
reads:
(b) Separate returns. Except as provided in par. (e), a spouse filing a separate
return may be relieved of liability for the tax, interest, penalties, fees, additions to tax and
additional assessments under this chapter in the manner specified in section 66 (c) of the
Internal Revenue Code. The department may not apply ch. 766 in assessing a taxpayer
with respect to marital property income the taxpayer did not report if that taxpayer failed
to notify the taxpayer's spouse about the amount and nature of the income before the due
date, including extensions, for filing the return for the taxable year in which the income
was derived. The department shall include all of that marital property income in the
gross income of the taxpayer and exclude all of that marital property income from the
gross income of the taxpayer's spouse.
SB301, s. 89 5Section 89. The treatment of 71.10 (6m) (a) of the statutes by 2005 Wisconsin
6Act 25
is not repealed by 2005 Wisconsin Act 49. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 71.10 (6m) (a)
reads:
(a) Except as provided in par. (c), a formerly married or remarried person filing a
return for a period during which the person was married may be relieved of liability for
the tax, interest, penalties, fees, additions to tax and additional assessments under this
chapter from that period as if the person were a spouse under section 66 (c) of the Internal
Revenue Code. The department may not apply ch. 766 in assessing the former spouse of
the person with respect to marital property income that the former spouse did not report
if that former spouse failed to notify the person about the amount and nature of the
income before the due date, including extensions, for filing the return for the taxable year
during which the income was derived. The department shall include all of that marital
property income in the gross income of the former spouse and exclude all of that marital
property income from the gross income of the person.
SB301, s. 90 7Section 90. The treatment of 71.26 (1) (be) of the statutes by 2005 Wisconsin
8Act 74
is not repealed by 2005 Wisconsin Act 335. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 71.26 (1) (be)
reads:
(be) Certain authorities. Income of the University of Wisconsin Hospitals and
Clinics Authority, of the Health Insurance Risk-Sharing Plan Authority, of the Fox River
Navigational System Authority, and of the Wisconsin Aerospace Authority.
SB301, s. 91 1Section 91. 71.28 (3w) (c) 1. of the statutes, as created by 2005 Wisconsin Act
2361
, is amended to read:
SB301,32,73 71.28 (3w) (c) 1. If the allowable amount of the claim under this subsection
4exceeds the taxes otherwise due on the claimant's income under s. 71.23, the amount
5of the claim that is not used to offset those taxes shall be certified by the department
6of revenue to the department of administration for payment by check, share draft,
7or other draft drawn from the appropriation under s. 20.835 (2) (cm) (co).
Note: Section 20.835 (2) (cm), as created by 2005 Wis. Act 361, is renumbered to
s. 20.835 (2) (co) by this bill.
SB301, s. 92 8Section 92. 71.47 (3w) (c) 1. of the statutes, as created by 2005 Wisconsin Act
9361
, is amended to read:
SB301,32,1410 71.47 (3w) (c) 1. If the allowable amount of the claim under this subsection
11exceeds the taxes otherwise due on the claimant's income under s. 71.43, the amount
12of the claim that is not used to offset those taxes shall be certified by the department
13of revenue to the department of administration for payment by check, share draft,
14or other draft drawn from the appropriation under s. 20.835 (2) (cm) (co).
Note: Section 20.835 (2) (cm), as created by 2005 Wis. Act 361, is renumbered to
s. 20.835 (2) (co) by this bill.
SB301, s. 93 15Section 93. The treatment of 71.93 (5) of the statutes by 2005 Wisconsin Act
1625
is not repealed by 2005 Wisconsin Act 59. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 71.93 (5) reads:
(5) Debtor charged for costs. Each debtor shall be charged for administration
expenses, and the amounts charged shall be credited to the department's appropriation
under s. 20.566 (1) (h). The department may set off amounts charged to the debtor under
this subsection against any refund owed to the debtor, in the manner provided in sub. (3).
Annually on or before November 1, the department shall review its costs incurred during

the previous fiscal year in administering state agency setoffs and reductions and shall
adjust its subsequent charges to each debtor to reflect that experience.
SB301, s. 94 1Section 94. The treatment of 71.935 (5) of the statutes by 2005 Wisconsin Act
225
is not repealed by 2005 Wisconsin Act 59. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 71.935 (5)
reads:
(5) Each debtor shall be charged for administration expenses, and the amounts
charged shall be credited to the appropriation account under s. 20.566 (1) (h). The
department may set off amounts charged to the debtor under this subsection against any
refund owed to the debtor, in the manner provided in sub. (3). Annually on or before
November 1, the department shall review its costs incurred during the previous fiscal
year in administering setoffs and reductions under this section and shall adjust its
subsequent charges to each debtor to reflect that experience.
SB301, s. 95 3Section 95. The treatment of 74.25 (1) (b) 1. of the statutes by 2005 Wisconsin
4Act 241
is not repealed by 2005 Wisconsin Act 418. All treatments stand.
Note: There is no conflict of substance. As merged by the revisor s. 74.25 (1) (b)
1. reads:
1. Except as provided in subd. 3., pay in full to each taxing jurisdiction within the
district all personal property taxes included in the tax roll which have not previously been
paid to, or retained by, that taxing jurisdiction, except that the treasurer shall pay the
state's proportionate share to the county. As part of that distribution, the taxation district
treasurer shall allocate to each tax incremental district within the taxation district and
each environmental remediation tax incremental district created by the taxation district
its proportionate share of personal property taxes. The taxation district treasurer shall
also distribute to the county the proportionate share of personal property taxes for each
environmental remediation tax incremental district created by the county.
SB301, s. 96 5Section 96. The treatment of 74.30 (1) (i) of the statutes by 2005 Wisconsin Act
6241
is not repealed by 2005 Wisconsin Act 418. All treatments stand.
Note: There is no conflict of substance. As merged by the revisor s. 74.30 (1) (i)
reads:
(i) Except as provided in par. (k), pay in full to each taxing jurisdiction within the
district all personal property taxes included in the tax roll which have not previously been
paid to, or retained by, each taxing jurisdiction, except that the treasurer shall pay the
state's proportionate share to the county. As part of that distribution, the taxation district
treasurer shall allocate to each tax incremental district within the taxation district and
each environmental remediation tax incremental district created by the taxation district
its proportionate share of personal property taxes. The taxation district treasurer shall
also distribute to the county the proportionate share of personal property taxes for each
environmental remediation tax incremental district created by the county.
SB301, s. 97 7Section 97. 76.636 (1) (b) of the statutes, as created by 2005 Wisconsin Act 259,
8is renumbered 76.636 (1) (b) (intro.) and amended to read:
SB301,34,1
176.636 (1) (b) (intro.) "Development zone" means a any of the following:
SB301,34,2 21. A development zone under s. 560.70, a .
SB301,34,3 32. A development opportunity zone under s. 560.795 , an.
SB301,34,4 43. An enterprise development zone under s. 560.797 , or an.
SB301,34,5 54. An agricultural development zone under s. 560.798.
Note: Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in
tabular form for consistency with current style and improved readability.
SB301, s. 98 6Section 98 . 76.636 (1) (e) of the statutes, as created by 2005 Wisconsin Act 259,
7is renumbered 76.636 (1) (e) (intro.) and amended to read:
SB301,34,108 76.636 (1) (e) (intro.) "Member of a targeted group" means a any of the
9following, if the person has been certified in the manner under s. 71.47 (1dj) (am) 3.
10by a designated local agency, as defined in s. 71.47 (1dj) (am) 2.:
SB301,34,12 111. A person who resides in an area designated by the federal government as an
12economic revitalization area, a .
SB301,34,15 132. A person who is employed in an unsubsidized job but meets the eligibility
14requirements under s. 49.145 (2) and (3) for a Wisconsin Works employment position,
15a
.
SB301,34,16 163. A person who is employed in a trial job, as defined in s. 49.141 (1) (n), a .
Loading...
Loading...