LRB-4037/1
BJH:cjs:jf
2013 - 2014 LEGISLATURE
February 28, 2014 - Introduced by Law Revision Committee. Referred to
Committee on Judiciary and Labor.
SB641,1,2 1An Act relating to: revising various provisions of the statutes for the purpose
2of supplying omissions and eliminating defects (Correction Bill).
Analysis by the Legislative Reference Bureau
This correction bill, prepared by the Legislative Reference Bureau under s.
13.92 (1) (bm) 1. and 2. and (2) (i) and (L), stats. is explained in the Notes in the body
of the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB641,1 3Section 1. The treatment of 14.11 (2) (b) of the statutes by 2013 Wisconsin Act
420
is not repealed by 2013 Wisconsin Act 105. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 14.11 (2) (b) reads:
(b) When special counsel is employed, a contract in writing shall be entered into
between the state and such counsel, in which shall be fixed the compensation to be paid
such counsel by the state. If the compensation is being determined on a contingent fee
basis, the contract is subject to s. 20.9305. The contract shall be executed in behalf of the
state by the governor, and shall be filed in the office of the secretary of state. Such
compensation shall be charged to the special counsel appropriation in s. 20.505 (1) (d).
SB641,2 5Section 2. 29.216 (2) of the statutes, as affected by 2013 Wisconsin Act 61, is
6amended to read:
SB641,2,3
129.216 (2) Authorization. The nonresident archer hunting license authorizes
2the hunting of all game, except bear, elk, wild turkey, and fur-bearing animals,
3during the open season for the hunting of that game with a bow and arrow.
Note: Restores a previously existing subsection title. The amendment of s. 29.216
(2) by 2013 Wis. Act 61 did not include the subsection title in accordance with current
drafting style. There was no intent to remove the title.
SB641,3 4Section 3. The treatment of 29.563 (12) (a) 2. of the statutes by 2013 Wisconsin
5Act 55
is not repealed by 2013 Wisconsin Act 61. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 29.563 (12) (a) 2. reads:
2. Archer, crossbow, sports, or conservation patron, except as provided in subd. 2m:
$14.25 if deer tags are included; $11.25 after open season and deer tags are not included.
SB641,4 6Section 4 . 49.496 (3) (aj) 2. of the statutes, as affected by 2013 Wisconsin Act
792
, is repealed and recreated to read:
SB641,2,128 49.496 (3) (aj) 2. There is a presumption, consistent with s. 766.31, which may
9be rebutted, that all property in the estate of a nonrecipient surviving spouse was
10marital property held with the recipient and that 100 percent of the property in the
11estate of the nonrecipient surviving spouse is subject to the department's claim
12under par. (a).
Note: This section does not alter the text of s. 49.496 (3) (aj) 2., as affected by 2013
Wis. Act 92
. The purpose of this section is to correct a drafting error in section 352 (1) of
Act 92. As a result of the error, the effective date of the Act 92 treatment of s. 49.496 (3)
(aj) 2. is unclear.
Under Act 92, section 352 (intro.), the general effective date for that act is 7-1-14.
Section 352 (1) of Act 92 specifies that the effective date for the treatment of estate
recovery charges, including the treatment of s. 49.496 (3m) (aj) 2., is the day after
publication, which was 12-15-13. Act 92 contains no treatment of s. 49.496 (3m) (aj) 2.
and there is no provision numbered s. 49.496 (3m). The inclusion of s. 49.496 (3m) (aj)
2. in section 352 (1) of Act 92 is clearly erroneous. The subject matter of s. 49.496 (3) is
recovery from estates. Drafting records do not indicate that the treatment of s. 49.496
(3) (aj) 2. was intended to be other than the day after publication of Act 92.
The repeal and recreation of s. 49.496 (3) (aj) 2. in this bill is solely to ensure that
the treatment of s. 49.496 (3) (aj) 2. by Act 92 takes effect no later than the effective date
of this bill. It is not intended to preclude the possibility that the treatment of s. 49.496
(3) (aj) 2. was effective on 12-15-13.
SB641,5
1Section 5 . 49.496 (3) (dm) 2. of the statutes, as affected by 2013 Wisconsin Act
292
, is repealed and recreated to read:
SB641,3,43 49.496 (3) (dm) 2. The department shall release the lien in the circumstances
4described in s. 49.849 (4) (c) 2.
Note: This section does not alter the text of s. 49.496 (3) (dm) 2., as affected by 2013
Wis. Act 92
. The purpose of this section is to correct a drafting error in section 352 (1) of
Act 92. As a result of the error, the effective date of the Act 92 treatment of s. 49.496 (3)
(dm) 2. is unclear.
Under Act 92, section 352 (intro.), the general effective date for that act is 7-1-14.
Section 352 (1) of Act 92 specifies that the effective date for the treatment of estate
recovery charges, including the treatment of s. 49.496 (3m) (dm) 2., is the day after
publication, which was 12-15-13. Act 92 contains no treatment of s. 49.496 (3m) (dm)
2. and there is no provision numbered s. 49.496 (3m). The inclusion of s. 49.496 (3m) (dm)
2. in section 352 (1) of Act 92 is clearly erroneous. The subject matter of s. 49.496 (3) is
recovery from estates. Drafting records do not indicate that the treatment of s. 49.496
(3) (dm) 2. was intended to be other than the day after publication of Act 92.
The repeal and recreation of s. 49.496 (3) (dm) 2. in this bill is solely to ensure that
the treatment of s. 49.496 (3) (dm) 2. by Act 92 takes effect no later than the effective date
of this bill. It is not intended to preclude the possibility that the treatment of s. 49.496
(3) (dm) 2. was effective on 12-15-13.
SB641,6 5Section 6. 60.23 (32) (b) 1. of the statutes, as created by 2013 Wisconsin Acts
650
and 51, is amended to read:
SB641,3,87 60.23 (32) (b) 1. In this paragraph, "town" means the town of Brookfield in
8Waukesha County or the town of Somers in Kenosha County.
Note: Inserts language made necessary by the merger of the provisions created
as s. 60.23 (32) (b) 1. by 2013 Wis. Acts 50 and 51.
SB641,7 9Section 7. 60.23 (32) (d) of the statutes, as created by 2013 Wisconsin Acts 50
10and 51, is amended to read:
SB641,4,411 60.23 (32) (d) If after January 1 a city or village annexes any part of a tax
12incremental district that is created as provided under par. (b) 2., the department of
13revenue shall redetermine the tax incremental base of the district by subtracting
14from the tax incremental base the value of the taxable property that is annexed from
15the existing district as of the following January 1, and if the annexation becomes

1effective on January 1 of any year, the redetermination shall be made as of that date.
2The tax incremental base as redetermined under this paragraph is effective for the
3purposes of this paragraph and par. (b) only if it is less than the original tax
4incremental base determined under s. 66.1105 (5) (a).
Note: Inserts missing word.
SB641,8 5Section 8. 60.85 (5) (d) 2. of the statutes is amended to read:
SB641,4,146 60.85 (5) (d) 2. If after January 1 a city or village annexes town territory that
7contains part of a tax incremental district that is created by the town, the department
8of revenue shall redetermine the tax incremental base of the district by subtracting
9from the tax incremental base the value of the taxable property that is annexed from
10the existing district as of the following January 1, and if the annexation becomes
11effective on January 1 of any year, the redetermination shall be made as of that date.
12The tax incremental base as redetermined under this subdivision is effective for the
13purposes of this section only if it is less than the original tax incremental base
14determined under par. (b).
Note: Inserts missing word.
SB641,9 15Section 9. 62.233 (2) (b) of the statutes, as created by 2013 Wisconsin Act 80,
16is amended to read:
SB641,4,2017 62.233 (2) (b) For a city that incorporated after April 30, 1994, under s. 66.0203,
1866.0211, 66.0213, or 66.025 66.0215, a shoreland that before incorporation as a city
19was part of a town that was subject to a county shoreland zoning ordinance under
20s. 59.692.
Note: Inserts correct cross-reference. There is no s. 66.025. Section 66.0215
relates to incorporation of certain towns adjacent to 1st class cities.
SB641,10 21Section 10. 108.02 (4m) of the statutes, as affected by 2013 Wisconsin Act 36,
22is amended to read:
SB641,5,1
1108.02 (4m) Base period wages. "Base period wages" means all of the following:
SB641,5,72 (a) All earnings for wage-earning service which that are paid to an employee
3during his or her base period as a result of employment for an employer except any
4payment made to or on behalf of an employee or his or her beneficiary under a
5cafeteria plan within the meaning of 26 USC 125, if the payment would not be treated
6as wages without regard to that plan and if 26 USC 125 would not treat the payment
7as constructively received;.
SB641,5,108 (b) All sick pay which that is paid directly by an employer to an employee at
9the employee's usual rate of pay during his or her base period as a result of
10employment for an employer;.
SB641,5,1211 (c) All holiday, vacation, and termination pay which that is paid to an employee
12during his or her base period as a result of employment for an employer ;.
SB641,5,1913 (d) For an employee who, as a result of employment for an employer, receives
14temporary total disability or temporary partial disability payments under ch. 102 or
15under any federal law which provides for payments on account of a work-related
16injury or illness analogous to those provided under ch. 102, all payments that the
17employee would have been paid during his or her base period as a result of
18employment for an employer, but not exceeding the amount that, when combined
19with other wages, the employee would have earned but for the injury or illness;.
SB641,5,2320 (e) Back pay that an employee would have been paid during his or her base
21period as a result of employment for an employer, if the payment of the back pay is
22made no later than the end of the 104-week period beginning with the earliest week
23to which the back pay applies;.
SB641,6,224 (f) All wages that an employer was legally obligated to pay in an employee's
25base period but failed to pay, or was prohibited from paying as a result of an

1insolvency proceeding under ch. 128 or as a result of a bankruptcy proceeding under
211 USC 101 et seq.; and
Note: Conforms (intro.) structure and subsequent punctuation to current style.
Replaces "which" with "that" for internal consistency and correct grammar.
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