SB426: Bill Text

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 71.45 (2) (a) 10. reads:

10. By adding to federal taxable income the amount of credit computed under s. 71.47 (1dd) to (1dy), (3g), (3h), (3n), (3p), (3q), (3r), (3rm), (3rn), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5r), (5rm), (6n), (8r), and (9s) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, limited liability company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g) and the amount of credit computed under s. 71.47 (1), (3), (3t), (4), (4m), and (5).

SB426,50 Section 50. The treatment of 79.05 (2) (c) of the statutes by 2011 Wisconsin Act 106 is not repealed by 2011 Wisconsin Act 258. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 79.05 (2) (c) reads:

(c) Its municipal budget; exclusive of principal and interest on long-term debt and exclusive of revenue sharing payments under s. 66.0305, recycling fee payments under s. 289.645, unreimbursed expenses related to an emergency declared under s. 323.10, expenditures from moneys received pursuant to P.L. 111-5, and expenditures made pursuant to a purchasing agreement with a school district whereby the municipality makes purchases on behalf of the school district; for the year of the statement under s. 79.015 increased over its municipal budget as adjusted under sub. (6); exclusive of principal and interest on long-term debt and exclusive of revenue sharing payments under s. 66.0305, recycling fee payments under s. 289.645, unreimbursed expenses related to an emergency declared under s. 323.10, expenditures from moneys received pursuant to P.L. 111-5, and expenditures made pursuant to a purchasing agreement with a school district whereby the municipality makes purchases on behalf of the school district; for the year before that year by less than the sum of the inflation factor and the valuation factor, rounded to the nearest 0.10%.

SB426,51 Section 51. The treatment of 84.013 (2) (b) of the statutes by 2011 Wisconsin Act 32 is not repealed by 2011 Wisconsin Act 257. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 84.013 (2) (b) reads:

(b) Except as provided in ss. 84.017 and 84.555, and subject to ss. 84.014 (6) (c) and 86.255, reconditioning, reconstruction and resurfacing of highways shall be funded from the appropriations under ss. 20.395 (3) (cq) to (cx) and 20.866 (2) (uur) and (uut).

SB426,52 Section 52. 102.11 (1) (intro.) of the statutes, as affected by 2011 Wisconsin Acts 183 and 257, is amended to read:

SB426,18,7 102.11 (1) (intro.) The average weekly earnings for temporary disability, permanent total disability, or death benefits for injury in each calendar year on or after January 1, 1982, shall be not less than $30 nor more than the wage rate that results in a maximum compensation rate of 110 percent of the state's average weekly earnings as determined under s. 108.05 as of June 30 of the previous year. The average weekly earnings for permanent partial disability shall be not less than $30 and, for permanent partial disability for injuries occurring on or after 1 April 17, 2012, and before January 1, 2013, not more than $468, resulting in a maximum compensation rate of $312, and, for permanent partial disability for injuries occurring on or after January 1, 2013, not more than $483, resulting in a maximum compensation rate of $322, except as provided in 2011 Wisconsin Act 183, section 30 (2) (a). Between such limits the average weekly earnings shall be determined as follows:

Note: The stricken "1" was inserted by 2011 Wis. Act 257, but rendered surplusage by the treatment by 2011 Wis. Act 183.

SB426,53 Section 53. The treatment of 118.43 (3) (intro.) of the statutes by 2011 Wisconsin Act 32 is not repealed by 2011 Wisconsin Act 105. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 118.43 (3) (intro.) reads:

(3) Contract requirements. Except as provided in pars. (am), (ar), (at), and (av) and sub. (3r), an achievement guarantee contract shall require the school board to do all of the following in each participating school:

SB426,54 Section 54. The treatment of 118.43 (6) (b) 10. of the statutes by 2011 Wisconsin Act 32 is not repealed by 2011 Wisconsin Act 105. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 118.43 (6) (b) 10. reads:

10. In the 2010-11 school year and any subsequent school year, $2,250 multiplied by the number of low-income pupils enrolled in a grade eligible for funding, and in a class in which the class size has been reduced in the manner required under sub. (3) (a), (am), (ar), or (at) or permitted under sub. (3m), in each school in the school district covered by contracts under sub. (3) (at) and (av) and by renewals of contracts under sub. (2) (g).

SB426,55 Section 55. 118.51 (3) (a) 6. of the statutes, as affected by 2011 Wisconsin Acts 32 and 114, is amended to read:

SB426,19,2 118.51 (3) (a) 6. Except as provided in sub. (5) (d) 2., if an application is accepted, on or before the last Friday in June following receipt of a notice of acceptance, or within 10 days of receiving a notice of acceptance if a pupil is selected from a waiting list under sub. (5) (d) or, the pupil's parent shall notify the nonresident school board of the pupil's intent to attend school in that school district in the following school year.

Note: 2011 Wis. Act 114 amended s. 118.51 (3) (a) 6. without taking cognizance of the amendment by 2011 Wis. Act 32. There is no mutual inconsistency between the 2 acts. Act 32 repealed s. 118.40 (8) (h) 5. and removed language regarding waiting lists under that provision. Act 114 made the language regarding waiting lists under s. 118.40 (8) (h) 5. applicable to waiting lists under s. 118.51 (5) (d). The underscored language was deleted by Act 32, but is reinserted to give effect to Act 114. The stricken "or" was inserted by Act 114 but was rendered surplusage by the Act 32 treatment.

SB426,56 Section 56. The treatment of 118.51 (3) (b) of the statutes by 2011 Wisconsin Act 32 is not repealed by 2011 Wisconsin Act 114. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 118.51 (3) (b) reads:

(b) Notice to resident school district. Annually by July 7, each nonresident school board that has accepted a pupil under this section for attendance in the following school year shall report the name of the pupil to the pupil's resident school board.

SB426,57 Section 57. The treatment of 119.23 (2) (a) 1. a. of the statutes, by 2011 Wisconsin Act 47, section 13, is not repealed by 2011 Wisconsin Act 47, section 14. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 119.23 (2) (a) 1. a. reads:

a. The pupil is a member of a family that has a total family income that does not exceed an amount equal to 3.0 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. In this subdivision and sub. (3m), family income includes income of the pupil's parents or legal guardians. The family income of the pupil shall be verified as provided in subd. 1. b. A pupil attending a private school under this section whose family income increases, including a pupil who attended a private school under this section in the 2010-11 school year and whose family income has increased, may continue to attend a private school under this section.

SB426,58 Section 58. 125.295 (2) (c) of the statutes is amended to read:

SB426,20,5 125.295 (2) (c) If an applicant under par. (a) holds any license or permit prohibited under par. (a) 6. at the time of its application, the applicant may certify that the applicant will surrender any such license or permit upon issuance of a permit under this section. If the department issues a permit under this section and the applicant fails to surrender any license or permit prohibited under par. (a) 6., the department may revoke under s. 125.12 (5) the permit issued under this section. An applicant is not required to surrender any Class "B" license issued under s. 125.31 (1) (a) 2., 2009 stats., or under s. 125.31 (1) (a) 3., 2005 stats., if the applicant's continued possession of the license is consistent with subs. (1) (h), (2) (a) 4., and (3) (b) and (c).

Note: Section 125.31 was repealed by 2011 Wis. Act 32.

SB426,59 Section 59. The treatment of 145.20 (5) (am) of the statutes by 2011 Wisconsin Act 134 is not repealed by 2011 Wisconsin Act 146. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 145.20 (5) (am) reads:

(am) Each governmental unit responsible for the regulation of private on-site wastewater treatment systems shall adopt and begin the administration of the program established under par. (a) before October 1, 2019. As part of adopting and administering the program, the governmental unit shall conduct and maintain an inventory of all the private on-site wastewater treatment systems located in the governmental unit and shall complete the initial inventory before October 1, 2017. In order to be eligible for grant funding under s. 145.245, a governmental unit must comply with these deadlines.

SB426,60 Section 60. The treatment of 146.40 (2m) of the statutes by 2011 Wisconsin Act 120 is not repealed by 2011 Wisconsin Act 126. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 146.40 (2m) reads:

(2m) A nursing home or intermediate care facility for persons with an intellectual disability, whether or not the nursing home or intermediate care facility is a certified provider of medical assistance, may not employ or contract for the services of an individual as a feeding assistant, regardless of the title under which the individual is employed or contracted for, unless the individual has successfully completed a state-approved training and testing program, as specified by the department by rule. Any relevant education, training, instruction, or other experience that an individual has obtained in connection with any military service, as defined in s. 111.32 (12g), counts toward satisfying the requirement to complete the state-approved training program under this subsection, if the individual or the nursing home or intermediate care facility demonstrates to the satisfaction of the department that the education, training, instruction, or other experience obtained by the individual is substantially equivalent to the state-approved training program.

SB426,61 Section 61. 182.017 (7) (intro.) and (a) of the statutes are renumbered 182.017 (7) (ag) and (ar).

Note: Section 182.017 (7) (intro.) is not constructed as an introduction under current style and is not introductory to the remainder of the paragraphs in the subsection.

SB426,62 Section 62. 218.0142 (10) of the statutes is amended to read:

SB426,21,4 218.0142 (10) All transactions which that constitute consumer transactions (, as defined under s. 421.301 (13)), are subject to chs. 421 to 427, in addition to ss. 218.0101 to 218.0163.

Note: Conforms provision to current style.

SB426,63 Section 63. 227.135 (2) of the statutes, as affected by 2011 Wisconsin Act 21, is amended to read:

SB426,21,18 227.135 (2) An agency that has prepared a statement of the scope of the proposed rule shall present the statement to the governor and to the individual or body with policy-making powers over the subject matter of the proposed rule for approval. The agency may not send the statement to the legislative reference bureau for publication under sub. (3) until the governor issues a written notice of approval of the statement. The individual or body with policy-making powers may not approve the statement until at least 10 days after publication of the statement under sub. (3). No state employee or official may perform any activity in connection with the drafting of a proposed rule except for an activity necessary to prepare the statement of the scope of the proposed rule until the governor and the individual or body with policy-making powers over the subject matter of the proposed rule approves approve the statement.

Note: Corrects grammar.

SB426,64 Section 64. 227.24 (1) (e) 1d. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB426,22,9 227.24 (1) (e) 1d. Prepare a statement of the scope of the proposed emergency rule as provided in s. 227.135 (1), obtain approval of the statement as provided in s. 227.135 (2), and send the statement to the legislative reference bureau for publication in the register as provided in s. 227.135 (3). If the agency changes the scope of a proposed emergency rule as described in s. 227.135 (4), the agency shall prepare and obtain approval of a revised statement of the scope of the proposed emergency rule as provided in s. 227.135 (4). No state employee or official may perform any activity in connection with the drafting of a proposed emergency rule except for an activity necessary to prepare the statement of the scope of the proposed emergency rule until the governor and the individual or body with policy-making powers over the subject matter of the proposed emergency rule approves approve the statement.

Note: Corrects grammar.

SB426,65 Section 65. 227.41 (5) (d) 2. of the statutes, as created by 2011 Wisconsin Act 68, is amended to read:

SB426,22,20 227.41 (5) (d) 2. If the department determines that it does not have sufficient facts from which to issue a declaratory ruling, the department may deny the petition. If the department determines that it has sufficient facts from which to issue a declaratory ruling, the department shall issue a ruling on the merits of the petition no later than 180 days after the determination, unless the deadline is extended by written agreement of all parties. The ruling may deny the petition on the grounds that the petition is frivolous, a justiciable controversy does not exist, the ruling would not provide guidance on matters of general applicability, or that the ruling would substitute for other procedures available to the parties for resolution of the dispute.

Note: Inserts a missing word.

SB426,66 Section 66. The treatment of 230.03 (3) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 229. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 230.03 (3) reads:

(3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 231, 232, 233, 234, 237, 238, or 279. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

SB426,67 Section 67. The treatment of 252.23 (4) (a) of the statutes by 2011 Wisconsin Act 120 is not repealed by 2011 Wisconsin Act 209. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 252.23 (4) (a) reads:

(a) Except as provided in ss. 250.041 and 252.241 and subject to sub. (4m), standards and procedures, including fee payment to offset the cost of licensing tattooists and tattoo establishments, for the annual issuance of licenses as tattooists or as tattoo establishments to applicants under this section. The department may not promulgate a rule that imposes a fee for a license under sub. (3) on an individual who is eligible for the veterans fee waiver program under s. 45.44.

SB426,68 Section 68. The treatment of 252.24 (4) (a) of the statutes by 2011 Wisconsin Act 120 is not repealed by 2011 Wisconsin Act 209. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau s. 252.24 (4) (a) reads:

(a) Except as provided in ss. 250.041 and 252.241 and subject to sub. (4m), standards and procedures, including fee payment to offset the cost of licensing body piercers and body-piercing establishments, for the annual issuance of licenses as body piercers or as body-piercing establishments to applicants under this section. The department may not promulgate a rule under which the department may charge an individual who is eligible for the veterans fee waiver program under s. 45.44 a fee to obtain a license under sub. (3).

SB426,69 Section 69. The treatment of 280.15 (2m) (a) of the statutes by 2011 Wisconsin Act 150 is not repealed by 2011 Wisconsin Act 209. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective April 1, 2015, s. 280.15 (2m) (a) reads:

(a) Application. An individual who seeks a driller or pump installer license shall apply to the department on a form prepared by the department. The individual shall include the fee specified in par. (c) with the application, except that an individual who is eligible for the veterans fee waiver program under s. 45.44 is not required to pay the fee.

SB426,70 Section 70. 340.01 (35) of the statutes, as affected by 2011 Wisconsin Acts 208 and 265, is amended to read:

SB426,24,8 340.01 (35) "Motor vehicle" means a vehicle, including a combination of 2 or more vehicles or an articulated vehicle, which is self-propelled, except a vehicle operated exclusively on a rail. "Motor vehicle" includes, without limitation, a commercial motor vehicle or a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated on rails. A snowmobile, an all-terrain vehicle, and a utility terrain vehicle, and an electric personal assistive mobility device shall be considered motor vehicles only for purposes made specifically applicable by statute.

Note: Deletes unnecessary "and."

SB426,71 Section 71. The treatments of 343.17 (3) (a) 2. of the statutes by 2011 Wisconsin Acts 23 and 32 are not repealed by 2011 Wisconsin Act 241. All treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 343.17 (3) (a) 2. reads:

2. A photograph of the person, unless the exception under s. 343.14 (3m) applies.

SB426,72 Section 72. 343.44 (2) (b) (intro.) of the statutes, as affected by 2011 Wisconsin Acts 113 and 258, is amended to read:

SB426,24,15 343.44 (2) (b) (intro.) par. In imposing a sentence under par. (ar) or (br), the court shall review the record and consider the following:

Note: The stricken "par." was inserted by 2011 Wis. Act 258 but rendered surplusage by the treatment by 2011 Wis. Act 113.

SB426,73 Section 73. The treatments of 348.25 (3) of the statutes by 2011 Wisconsin Acts 55 and 56 are not repealed by 2011 Wisconsin Act 58. All treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau s. 348.25 (3) reads:

(3) The department shall prescribe forms for applications for all single trip permits the granting of which is authorized by s. 348.26 (2) to (7) and for those annual, consecutive month or multiple trip permits the granting of which is authorized by s. 348.27 (2) and (4) to (15). The department shall prescribe an electronic application process for permits the granting of which is authorized by ss. 348.26 (8) and 348.27 (17). The department shall prescribe an electronic application process for permits the granting of which is authorized by s. 348.27 (16). The department shall prescribe an electronic application process for permits the granting of which is authorized by s. 348.27 (18). The department may impose such reasonable conditions prerequisite to the granting of any permit authorized by s. 348.26 or 348.27 and adopt such reasonable rules for the operation of a permittee thereunder as it deems necessary for the safety of travel and protection of the highways. The department may limit use of the highways under any permit issued to specified hours of the day or days of the week. Local officials granting permits may impose such additional reasonable conditions as they deem necessary in view of local conditions.

SB426,74 Section 74. 348.25 (8) (b) 3. (intro.) of the statutes, as affected by 2011 Wisconsin Acts 55 and 56, is amended to read:

SB426,25,5 348.25 (8) (b) 3. (intro.) Except as provided in subd. subds. 4. subd. and 4m., for a vehicle or combination of vehicles, the weight of which exceeds any of the provisions of s. 348.15 (3):

Note: Inserts word required by the merger of the treatments of this provision by 2011 Wis. Acts 55 and 56. See also Section 114 of this bill.

SB426,75 Section 75. 348.25 (8) (d) of the statutes, as affected by 2011 Wisconsin Acts 55 and 56, is amended to read:

SB426,25,11 348.25 (8) (d) For the purpose of computing the fees under this subsection, if the vehicle or combination of vehicles exceeds weight limitations, no fee in addition to the fee under par. (a) 3. or 4., (b) 3. or, 4., or 4m., or (bm) shall be charged if the vehicle also exceeds length, width or height limitations or any combination thereof.

Note: Inserts comma and deletes "or" made necessary by the merger of the treatments of this provision by 2011 Wis. Acts 55 and 56. See also Section 114 of this bill.

SB426,76 Section 76. The treatments of 348.27 (1) of the statutes by 2011 Wisconsin Acts 55 and 56 are not repealed by 2011 Wisconsin Act 58. All treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau s. 348.27 (1) reads:

(1) Applications. All applications for annual, consecutive month or multiple trip permits for the movement of oversize or overweight vehicles or loads shall be made to the officer or agency designated by this section as having authority to issue the particular permit desired for use of the particular highway in question. All applications under subs. (2) and (4) to (15) shall be made upon forms prescribed by the department. All applications under sub. (16) shall be made utilizing an electronic process prescribed by the department. All applications under sub. (17) shall be made utilizing an electronic process prescribed by the department. All applications under sub. (18) shall be made utilizing an electronic process prescribed by the department.

SB426,77 Section 77. 454.08 (2) (a) of the statutes, as affected by 2011 Wisconsin Acts 146 and 190, is amended to read:

SB426,26,5 454.08 (2) (a) A barbering cosmetology establishment license that authorizes the practice of barbering, cosmetology, aesthetics, electrology, and manicuring in the licensed establishment.

Note: The stricken "barbering" was inserted by 2011 Wis. Act 146 but rendered surplusage by the treatment by 2011 Wis. Act 190.

SB426,78 Section 78. 454.08 (4) of the statutes, as affected by 2011 Wisconsin Act 193, is amended to read:

SB426,26,18 454.08 (4) The examining board shall, by rule, establish minimum standards concerning the maintenance, equipment, plans, and specifications for licensed establishments as they relate to the public health and safety. The examining board may not promulgate a rule requiring the use of a tuberculocidal disinfectant by a manager of, or a barber or cosmetologist in, an establishment licensed under this section. The examining board may not license an establishment under this section unless it meets the standards established by the examining board. A person proposing to open an establishment in a new location shall apply to the examining board for an inspection and approval of the establishment, submitting an exact description and floor plan of the proposed location of the establishment on a form provided by the department.

Note: Inserts commas for improved readability.

SB426,79 Section 79. The treatment of 709.02 (2) (intro.) of the statutes by 2011 Wisconsin Act 107 is not repealed by 2011 Wisconsin Act 203. Both treatments stand.