SB427: Bill Text

SB427,38 Section 38. The treatment of 111.84 (2) (c) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 32. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-15, s. 111.84 (2) (c) reads:

(c) To refuse to bargain collectively on matters set forth in s. 111.91 (1) or (3), whichever is appropriate, with the duly authorized officer or agent of the employer which is the recognized or certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (a) in an appropriate collective bargaining unit or with the certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (ar) to (f) in an appropriate collective bargaining unit. Such refusal to bargain shall include, but not be limited to, the refusal to execute a collective bargaining agreement previously orally agreed upon.

SB427,39 Section 39. 111.85 (5) (b) of the statutes, as created by 2011 Wisconsin Act 32, is renumbered 111.85 (5).

Note: Section 111.85 (5) does not have multiple paragraphs as currently numbered.

SB427,40 Section 40. 111.91 (2) (g) of the statutes is repealed.

Note: Section 111.91 (2) (g), which reads as follows, was rendered without effect by the repeal of s. 40.05 (2n) by 2011 Wis. Act 10.

111.91 (2) (g) An increase in benefit adjustment contribution rates under s. 40.05 (2n) (a) 3.

SB427,41 Section 41. The treatment of 111.92 (1) (a) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 32. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-15, s. 111.92 (1) (a) 1. reads:

1. Any tentative agreement reached between the office and any labor organization representing a collective bargaining unit specified in s. 111.825 (1) or (2) (d) or (e) shall, after official ratification by the labor organization, be submitted by the office to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.

SB427,42 Section 42. The treatment of 111.93 (3) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 32. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-15, s. 111.93 (3) (a) reads:

(a) If a collective bargaining agreement exists between the employer and a labor organization representing employees in a collective bargaining unit under s. 111.825 (1) (g), the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the University of Wisconsin-Madison and the board of regents of the University of Wisconsin System, related to wages, fringe benefits, hours, and conditions of employment whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.

SB427,43 Section 43. 125.34 (2) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB427,19,14 125.34 (2) Except as provided in ss. 125.29 (3m) (b) and (c), 125.295 (1) (e) and (g), and 125.30 (4), no fermented malt beverages may be sold, transported, or delivered to a retailer unless, prior to such sale, transport, or delivery, the fermented malt beverages are first unloaded at, physically at rest at, and only then distributed from a wholesaler's warehouse premises covered by both a wholesaler's permit issued under s. 125.28 and an alcohol beverage warehouse permit issued under s. 125.19, which premises shall be in this state. This paragraph subsection does not apply to a wholesaler issued a wholesaler's permit under s. 125.28 (1) (b) with respect to fermented malt beverages transported and delivered from a warehouse in an adjoining state unless the wholesaler's warehouse in the adjoining state is located on premises in the adjoining state used for the manufacture of fermented malt beverages.

Note: Corrects cross-reference.

SB427,44 Section 44. 146.38 (3) (dm) of the statutes is amended to read:

SB427,19,17 146.38 (3) (dm) With regard to an action under s. 895.441, to a court of record after issuance of a subpoena; and

Note: The repeal of s. 146.38 (3) (e) by 2011 Wisconsin Act 2 requires the insertion of "and" at the end of this provision.

SB427,45 Section 45. 165.76 (1) (g) of the statutes is amended to read:

SB427,20,3 165.76 (1) (g) Has been required by a court under s. 51.20 (13) (cr), 938.34 (15m) (15), 971.17 (1m) (a), 973.047, or 980.063 to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.

Note: Corrects cross-reference. Section 938.34 (15) requires DNA samples in certain cases. Section 938.34 (15m) requires sex offender reporting in certain cases.

SB427,46 Section 46. 175.49 (3) (a) 2. of the statutes, as created by 2011 Wisconsin Act 35, is amended to read:

SB427,20,12 175.49 (3) (a) 2. The former federal law enforcement officer has been found by the state, or by a certified firearms instructor if such an instructor is qualified to conduct a firearms qualification test for active law enforcement officers in the state, to meet the standards for qualification in firearms training for active law enforcement officers to carry a firearm of the type under subd. 1., that are established by the state or, if the state does not establish standards, by any law enforcement agency in the state.

Note: Inserts missing word.

SB427,47 Section 47. 196.203 (1g) (c) of the statutes, as affected by 2011 Wisconsin Act 22, is amended to read:

SB427,20,16 196.203 (1g) (c) An alternative telecommunications utility that is a local government telecommunications utility is subject to s. 196.204 (5).

Note: Corrects cross-reference. 2011 Wis. Act 22 renumbered two paragraphs of s. 196.204 (5) to s. 196.204 (1m) and (2m), which constitute all of s. 196.204 after the treatment by Act 22.

SB427,48 Section 48. The treatment of 230.08 (4) (a) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 32. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 230.08 (4) (a) reads:

(a) The number of administrator positions specified in sub. (2) (e) includes all administrator positions specifically authorized by law to be employed outside the classified service in each department, board or commission and the historical society, and any other managerial position determined by an appointing authority. In this paragraph, "department" has the meaning given under s. 15.01 (5), "board" means the educational communications board, government accountability board, investment board, public defender board and technical college system board and "commission" means the employment relations commission and the public service commission. Notwithstanding sub. (2) (z), no division administrator position exceeding the number authorized in sub. (2) (e) may be created in the unclassified service.

SB427,49 Section 49. 230.09 (2) (g) of the statutes, as affected by 2011 Wisconsin Acts 10 and 32, is amended to read:

SB427,21,17 230.09 (2) (g) When filling a new or vacant position, if the director determines that the classification for a position is different than that provided for by the legislature as established by law or in budget determinations, or as authorized by the joint committee on finance under s. 13.10, or as specified by the governor creating positions under s. 16.505 (1) (c) or (2) or, or is different than that of the previous incumbent, the director shall notify the administrator and the secretary of administration. The administrator shall withhold action on the selection and certification process for filling the position. The secretary of administration shall review the position to determine that sufficient funds exist for the position and that the duties and responsibilities of the proposed position reflect the intent of the legislature as established by law or in budget determinations, the intent of the joint committee on finance acting under s. 13.10, the intent of the governor creating positions under s. 16.505 (1) (c) or (2) or. The administrator may not proceed with the selection and certification process until the secretary of administration has authorized the position to be filled.

Note: "Or" was inserted by 2011 Wis. Act 32 but rendered surplusage by the treatment by 2011 Wis. Act 10.

SB427,50 Section 50. 230.34 (1) (ar) of the statutes, as affected by 2011 Wisconsin Acts 10 and 32, is amended to read:

SB427,22,2 230.34 (1) (ar) Paragraphs (a) and (am) apply to all employees with permanent status in class in the classified service and all employees who have served with the state as an assistant district attorney for a continuous period of 12 months or more (ar).

Note: "(ar)" was inserted by 2011 Wis. Act 32 but rendered surplusage by the treatment by 2011 Wis. Act 10.

SB427,51 Section 51. 238.345 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 32, section 3426, is amended to read:

SB427,22,7 238.345 (1) (a) The designation of an area as a development zone shall be effective for 240 months, beginning on the day the department corporation notifies the local governing body under s. 238.325 (3) of the designation.

Note: All references to "department" in s. 238.345 were changed to "corporation" by 2011 Wis. Act 32.

SB427,52 Section 52. 238.395 (1) (i) of the statutes, as created by 2011 Wisconsin Act 37, section 2, is amended to read:

SB427,22,12 238.395 (1) (i) An area in the city of Beloit, the legal description of which is provided to the department corporation by the local governing body of the city of Beloit.

Note: Section 238.395 (1) (i) was created as s. 560.795 (1) (i) by 2011 Wis. Act 37 and renumbered to s. 238.395 (1) (i) by the legislative reference bureau under s. 13.92 (1) (bm) 2. consistent with the renumbering of s. 560.795 to s. 238.395 by 2011 Wis. Act 32. All references to "department" in s. 238.395 were changed to "corporation" by Act 32. See also Section 76 of this bill.

SB427,53 Section 53. 238.395 (2) (e) 3. of the statutes, as created by 2011 Wisconsin Act 37, section 5, is amended to read:

SB427,22,20 238.395 (2) (e) 3. The department corporation may extend the designation of an area under sub. (1) (i) as a development opportunity zone for an additional 60 months if the department corporation determines that an extension will support economic development within the city. If the department corporation grants an extension under this subdivision, the limit for tax benefits for the development opportunity zone under sub. (1) (i) is increased by $5,000,000.

Note: Section 238.395 (2) (e) 3. was created as s. 560.795 (2) (e) 3. by 2011 Wis. Act 37 and renumbered to s. 238.395 (2) (e) 3. by the legislative reference bureau under s. 13.92 (1) (bm) 2. consistent with the renumbering of s. 560.795 to s. 238.395 by 2011 Wis. Act 32. All references to "department" in s. 238.395 were changed to "corporation" by Act 32. See also Section 76 of this bill.

SB427,54 Section 54. 238.399 (3) (d) of the statutes, as created by 2011 Wisconsin Act 26, section 2, is amended to read:

SB427,23,9 238.399 (3) (d) Notwithstanding pars. (b) and (c), the department corporation shall designate as enterprise zones at least 3 areas comprising political subdivisions whose populations total less than 5,000 and at least 2 areas comprising political subdivisions whose populations total 5,000 or more but less than 30,000. In designating an enterprise zone under this paragraph, the department corporation may consider indicators of an area's economic need and the effect of designation on other economic development activities.

Note: Section 238.399 (3) (d) was created as s. 560.799 (3) (d) by 2011 Wis. Act 26 and renumbered to s. 238.399 (3) (d) by the legislative reference bureau under s. 13.92 (1) (bm) 2. consistent with the renumbering of s. 560.799 to s. 238.399 by 2011 Wis. Act 32. All references to "department" in s. 560.799 were changed to "corporation" by Act 32. See also Section 76 of this bill.

SB427,55 Section 55. 256.01 (7) and (8) of the statutes are amended to read:

SB427,23,13 256.01 (7) "Emergency medical technician — intermediate" means an individual who is licensed by the department as an emergency medical technician — intermediate under sub. s. 256.15 (5).

SB427,23,18 (8) "Emergency medical technician — paramedic" means an individual who is specially trained in emergency cardiac, trauma and other lifesaving or emergency procedures in a training program or course of instruction prescribed by the department and who is examined and licensed as an emergency medical technician — paramedic under sub. s. 256.15 (5).

Note: Corrects cross-reference. Section 256.01 (7) and (8) were renumbered from s. 146.50 (1) (g) and (h) by 2007 Wis. Act 130 without taking into consideration the renumbering by that act of s. 146.50 (5) to s. 256.15 (5).

SB427,56 Section 56. 287.11 (2m) (a) 2. of the statutes is amended to read:

SB427,24,7 287.11 (2m) (a) 2. "Cost of selling processed material" means the net cost, including any storage costs, of selling processed material to a broker, dealer, or manufacturing facility, plus any cost of transporting the processed material from the waste processing facility to the destination specified by the broker, dealer, or manufacturing facility, less the portion of any state financial assistance received under s. 287.23 or 287.25 attributable to the processed material.

Note: Corrects cross-reference. Section 287.25 was repealed by 2011 Wis. Act 32. Adds serial commas.

SB427,57 Section 57. 560.08 (title) of the statutes is repealed.

Note: The remainder of the section was repealed or renumbered to another section by 2011 Wis. Act 32.

SB427,58 Section 58. The treatment of 560.70 (7) (b) 2. of the statutes by 2011 Wisconsin Act 32 is not repealed by 2011 Wisconsin Act 37. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 238.30 (7) (b) 2., as renumbered from s. 560.70 (7) (b) 2. by 2011 Wis. Act 32, reads:

2. With respect to the development opportunity zones under s. 238.395 (1) (g), (h), and (i), "tax benefits" means the development zone credits under ss. 71.07 (2dx), 71.28 (1dx), 71.47 (1dx), and 76.636 and the development zones capital investment credit under ss. 71.07 (2dm), 71.28 (1dm), and 71.47 (1dm).

SB427,59 Section 59. The treatment of 560.795 (3) (a) 4. of the statutes by 2011 Wisconsin Act 32 is not repealed by 2011 Wisconsin Act 37. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 238.395 (3) (a) 4., as renumbered by 2011 Wis. Act 32, reads:

4. Any person that is conducting or that intends to conduct economic activity in a development opportunity zone under sub. (1) (e), (f), (g), (h), or (i) and that, in conjunction with the local governing body of the city in which the development opportunity zone is located, submits a project plan as described in par. (b) to the corporation shall be entitled to claim tax benefits while the area is designated as a development opportunity zone.

SB427,60 Section 60. The treatment of 560.799 (3) (a) of the statutes by 2011 Wisconsin Act 26 is not repealed by 2011 Wisconsin Act 32. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 238.399 (3) (a), as renumbered from s. 560.799 (3) (a) by 2011 Wis. Act 32, reads:

(a) The corporation may designate not more than 20 enterprise zones.

SB427,61 Section 61. 904.16 (1) (b) of the statutes, as created by 2011 Wisconsin Act 2, is amended to read:

SB427,25,6 904.16 (1) (b) "Regulatory agency" means the department of regulation and licensing safety and professional services or the division within the department of health services that conducts quality assurance activities related to health care providers.

Note: The department of regulation and licensing was renamed the department of safety and professional services by 2011 Wis. Act 32.

SB427,62 Section 62. 938.35 (1m) of the statutes is amended to read:

SB427,25,13 938.35 (1m) Future criminal proceedings barred. Disposition by the court assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter in criminal court when the juvenile attains 17 years of age. This paragraph subsection does not affect proceedings in criminal court that have been transferred under s. 938.18.

Note: Corrects cross-reference.

SB427,63 Section 63. 948.605 (2) (b) 3. of the statutes is amended to read:

SB427,25,16 948.605 (2) (b) 3. That A person possessing a gun that is not loaded and is any of the following:

SB427,25,17 a. Encased; or.

SB427,25,18 b. In a locked firearms rack that is on a motor vehicle; .

Note: Revises sentence structure for proper agreement with s. 948.605 (2) (b) (intro.).

SB427,64 Section 64. 961.41 (3g) (c) of the statutes is amended to read:

SB427,26,8 961.41 (3g) (c) Cocaine and cocaine base. If a person possess possesses or attempts to possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, the person shall be fined not more than $5,000 and may be imprisoned for not more than one year in the county jail upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

Note: Inserts correct word form.

SB427,65 Section 65. 2011 Wisconsin Act 10, sections 157 and 158 are amended by replacing "49.472 (4) (b) (intro.)" with "49.472 (4) (b)" in 4 places.

Note: There is no s. 49.472 (4) (b) (intro.). The amended text is s. 49.472 (4) (b).

SB427,66 Section 66. 2011 Wisconsin Act 21, section 39 is amended by replacing "to which the proposed rule is referred " with "to which the proposed rule is referred".

Note: Text was inserted without being underscored. The change was intended.

SB427,67 Section 67. 2011 Wisconsin Act 23, section 60 is amended by replacing "residence corroborating" with "residence, corroborating".

Note: A comma was removed without being stricken. The change was intended.

SB427,68 Section 68. 2011 Wisconsin Act 32, section 44p is amended by replacing "(10) (c), " with "(10) (c),".