AB846: Bill Text

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 77.52 (7) (a), as renumbered from s. 77.52 (7) by 2015 Wis. Act 84, reads:

(a) Except as provided in par. (b), every person desiring to operate as a seller within this state who holds a valid certificate under s. 73.03 (50) shall file with the department an application for a permit for each place of operations. Every application for a permit shall be made upon a form prescribed by the department and shall set forth the name under which the applicant intends to operate, the location of the applicant's place of operations, and the other information that the department requires. If an owner elects under s. 77.58 (3) (a) to file a separate electronic return for each of the owner's disregarded entities, each disregarded entity is an applicant under this subsection. Except as provided in sub. (7b), the application shall be signed by the owner if a sole proprietor; in the case of sellers other than sole proprietors, the application shall be signed by the person authorized to act on behalf of such sellers. A nonprofit organization that has a sales price taxable under s. 77.54 (7m) shall obtain a seller's permit and pay taxes under this subchapter on all taxable sales prices received after it is required to obtain that permit. If that organization becomes eligible later for the exemption under s. 77.54 (7m) except for its possession of a seller's permit, it may surrender that permit.

AB846,42 Section 42 . 84.01 (35) (title) of the statutes is created to read:

AB846,16,2 84.01 (35) (title) Bikeways and pedestrian ways.

Note: The other subsections in s. 84.01 have titles.

AB846,43 Section 43 . 84.31 (2) (am) of the statutes is repealed.

Note: Removes unnecessary definition. Section 84.31 (2) (am) defines “department” as it is used in s. 84.31 to mean the department of transportation, but s. 84.001 (1) provides the same definition of “department” for all of ch. 84.

AB846,44 Section 44 . 93.90 (1) (title) of the statutes is created to read:

AB846,16,5 93.90 (1) (title) Statewide concern.

Note: All other subsections of s. 93.90 have titles.

AB846,45 Section 45 . The treatment of 97.29 (1) (h) of the statutes by 2015 Wisconsin Act 55 and 2015 Wisconsin Act 242, sections 28, 30 and 31 are not repealed by 2015 Wisconsin Act 242, section 29. All treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 97.29 (1) (h) reads:

(h) “Food processing plant" means any place used primarily for food processing, where the processed food is not intended to be sold or distributed directly to a consumer. “Food processing plant" does not include any of the following:

1. A retail food establishment if the food processing activities at that establishment are authorized by a license issued under s. 97.30.

2. A restaurant or other establishment where meals are prepared or processed for retail sale directly to consumers or through vending machines if the food processing activities at that establishment are authorized by a license issued under s. 97.605.

3. An establishment covered by a license or permit under ch. 125 to sell alcohol beverages if the food processing activities related to alcohol beverages at that establishment are limited to preparing individual servings of alcohol beverages that are sold on the premises in accordance with the terms of the establishment's license or permit under ch. 125.

4. A dairy plant if the food processing activities at that plant are authorized by a license issued under s. 97.20.

5. A meat or poultry establishment if the food processing activities at that establishment are authorized by a license issued under s. 97.42 or are authorized under 21 USC 451 to 472 or 21 USC 601 to 695.

6. An egg products plant if the food processing activities at that establishment are inspected by the federal department of agriculture under 21 USC 1031 to 1056.

7. A dairy farm and milking operation licensed under s. 97.22 that produces milk for shipment to a dairy plant licensed under s. 97.20 or under the equivalent laws of another state.

8. A place used by a beekeeper solely for extracting honey from the comb or producing and selling raw honey or raw bee products.

9. A place used solely for washing or packaging fresh or otherwise unprocessed fruits or vegetables.

10. A place used by a nonprofit organization solely for receiving and salvaging distressed food pursuant to the organization's purposes if the organization is described in section 501 (c) (3) of the Internal Revenue Code and is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

11. A place on a farm used by an egg producer solely for handling, cleaning, or packaging whole eggs, including nest-run eggs, that are produced as allowed under s. 97.28 (2).

12. A place used solely for producing and packaging maple syrup or concentrated maple sap for sale directly to consumers or to a food processing plant licensed under this section if those sales do not exceed $5,000 in any 12-month period.

13. Any other place exempted by the department by rule.

AB846,46 Section 46 . The treatment of 97.42 (3) (em) of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 243. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 97.42 (3) (em) reads:

(em) Slaughter of farm-raised deer. The requirements of pars. (a) and (b) do not apply to the slaughter of a farm-raised deer if its meat products are not sold by an operator of a retail food establishment, as defined under s. 97.30 (1) (c). The operator of an establishment in which farm-raised deer or their meat products are examined and inspected under this subsection shall pay the department for the cost of the department's examination and inspection.

AB846,47 Section 47 . 101.111 (7) of the statutes is repealed.

Note: Deletes obsolete transition provision. Section 101.111 requires protection of adjoining buildings from all excavations made after January 1, 1978, except excavations made under contracts awarded on or before January 1, 1978.

AB846,48 Section 48 . 101.583 (1m) (title) of the statutes is created to read:

AB846,17,5 101.583 (1m) (title) Small employers.

Note: The other subsections in s. 101.583 have titles.

AB846,49 Section 49 . 101.63 (1) (intro.) of the statutes, as affected by 2015 Wisconsin Acts 49 and 55, is amended to read:

AB846,18,15 101.63 (1) (intro.) Adopt rules which establish standards for the construction and inspection of one- and 2-family dwellings and components thereof. The rules shall include separate standards, established in consultation with the uniform dwelling code council, that apply only to the construction and inspection of camping units that are set in a fixed location in a campground for which a permit is issued under s. 254.47 97.67, that contain a sleeping place, and that are used for seasonal overnight camping. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s. 145.01 (10). No set of rules may be adopted which has not taken into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Rules promulgated under this subsection do not apply to a bed and breakfast establishment, as defined under s. 97.01 (1g), except that the rules apply to all of the following:

Note: The “dwelling code council" was renamed the “uniform dwelling code council" by 2015 Wis. Act 29. The reference to s. 254.47 was inserted by 2015 Wis. Act 49. Section 254.47 was renumbered to s. 97.67 by 2015 Wis. Act 55.

AB846,50 Section 50 . 108.02 (19) of the statutes is amended to read:

AB846,18,20 108.02 (19) Nonprofit organizations. A “nonprofit “Nonprofit organization" is means an organization described in section 501 (c) (3) of the internal revenue code which Internal Revenue Code that is exempt from federal income tax under section 501 (a) of the internal revenue code Internal Revenue Code.

Note: Conforms terminology and capitalization to current style.

AB846,51 Section 51 . 108.10 (4) of the statutes, as affected by 2015 Wisconsin Acts 180 and 334, is amended to read:

AB846,19,13 108.10 (4) The employing unit may commence an action for the judicial review of a commission decision under this section, provided the employing unit has exhausted the remedies provided under this section. The department may commence an action for the judicial review of a commission decision under this section, but the department is not required to have been a party to the proceedings before the commission or to have exhausted the remedies provided under this section. In an action commenced under this section by a party that is not the department, the department shall be a defendant and shall be named as a party in the complaint commencing the action. If a plaintiff fails to name either the department or the commission as defendants and serve them as required under s. 108.09 (7), the court shall dismiss the action. The scope of judicial review, and the manner thereof insofar as applicable, shall be the same as that provided in s. 108.09 (7). a defendant defendant summons and

Note: The stricken language was inserted by 2015 Wis. Act 180, but rendered without effect by the treatment by 2015 Wis. Act 334.

AB846,52 Section 52 . The treatment of 111.322 (2m) (a) of the statutes by 2015 Wisconsin Act 345 is not repealed by 2015 Wisconsin Act 55. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 111.322 (2m) (a) reads:

(a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB846,53 Section 53 . The treatment of 111.322 (2m) (b) of the statutes by 2015 Wisconsin Act 345 is not repealed by 2015 Wisconsin Act 55. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 111.322 (2m) (b) reads:

(b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB846,54 Section 54. 111.70 (4) (mbb) (title) of the statutes is created to read:

AB846,20,2 111.70 (4) (mbb) (title) Consumer price index change.

Note: All other paragraphs in s. 111.70 (4) have titles.

AB846,55 Section 55 . 114.045 (1) of the statutes, as created by 2015 Wisconsin Act 318, is amended to read:

AB846,20,7 114.045 (1) No person may operate a drone, as defined in s. 114.105 (1) (a) 941.292 (1), over a correctional institution, as defined in s. 801.02 (7) (a) 1., including any grounds of the institution.

Note: Inserts the correct cross-reference. There is no s. 114.105 (1) (a). “Drone” is defined at s. 941.292 (1), and that definition was copied as s. 114.105 (1) (a) in the original bill draft. Section 114.105 (1) (a) was removed from the final bill as adopted as 2015 Wis. Act 318, but the cross-reference was not corrected accordingly.

AB846,56 Section 56 . 115.385 (2) of the statutes, as affected by 2015 Wisconsin Acts 55 and 195, is amended to read:

AB846,20,15 115.385 (2) Beginning 115.383 (3) with the accountability report published for the 2015-16 school year, the department shall include in its annual school accountability report under sub. (1) charter schools established under s. 118.40 (2r) or (2x) and private schools participating in a parental choice program under s. 118.60 or 119.23. The department shall use the same criteria to measure the performance of all schools included in the annual school accountability report.

Note: The stricken text was inserted by 2015 Wis. Act 195 but rendered without effect by the treatment by 2015 Wis. Act 55.

AB846,57 Section 57 . 120.05 (3) of the statutes is amended to read:

AB846,21,8 120.05 (3) If the school district president, vice president, treasurer or clerk of any school board is unable to discharge the duties of the office due to disability or absence, the school board may appoint a person to discharge the duties of such person until the disability or absence no longer exists. In the case of a 3-member school board the appointee shall be an elector of the school district. In the case of a larger school board the appointee for the president shall be the vice president and the appointee for the other officers shall be another school board member. The school board shall determine the compensation of such appointees. A person acting as school district clerk or school district treasurer shall have the powers of a deputy and shall take and file an official bond covering the person's acts unless the bond of such officer includes a bond for the officer's deputy. This subsection does not apply to vacancies caused by absence from the school district for a period exceeding 60 days covered by s. 17.03 (4) (4m).

Note: Section 17.03 (4m), which reads as follows, was part of s. 17.03 (4) prior to being renumbered to s. 17.03 (4m) by 1985 Wis. Act 332:

(4m) In the case of a school district office, the incumbent is absent from the district for a period exceeding 60 days.

Section 120.05 (3) was not amended by 1985 Wis. Act 332 to reflect the renumbering to s. 17.03 (4m) of the language regarding an incumbent's absence from the school district for a period exceeding 60 days.

AB846,58 Section 58 . 134.48 (1) (title) of the statutes is repealed.

Note: Deletes title, “Definitions.” The only other subsection of s. 134.48 does not have a title.

AB846,59 Section 59 . 145.02 (2) (b) of the statutes, as created by 2015 Wisconsin Act 49, is amended to read:

AB846,21,19 145.02 (2) (b) The department shall promulgate rules that establish separate plumbing standards applicable only to camping units that are set in a fixed location in a campground for which a permit is issued under s. 254.47 97.67, that contain a sleeping place, and that are used for seasonal overnight camping. If the department has appointed one or more committees under s. 227.13 to advise the department on rule making with respect to private on-site wastewater treatment systems or other plumbing systems, the department shall promulgate the rules required under this paragraph in consultation with those committees.

Note: Section 254.47 was renumbered to s. 97.67 by 2015 Wis. Act 55.

AB846,60 Section 60. 165.505 (8) of the statutes, as created by 2015 Wisconsin Act 369, is amended to read:

AB846,22,7 165.505 (8) Records and information produced in response to a subpoena issued under sub. (2) are not subject to inspection or copying under s. 19.35 (1), except that the attorney general or his or her designee may, upon request, disclose the records and information to another law enforcement agency, an Internet crimes against children task force, or a district attorney.

Note: Inserts missing article.

AB846,61 Section 61 . 165.63 (5) (title) of the statutes is created to read:

AB846,22,9 165.63 (5) (title) Return of seized firearm.

Note: All other subsections of s. 165.63 have titles.

AB846,62 Section 62 . 178.1009 (1) (a) of the statutes, as created by 2015 Wisconsin Act 295, is amended to read:

AB846,22,13 178.1009 (1) (a) The name of the registered foreign limited liability partnership before the merger or conversion.

Note: Inserts missing word consistent with the remainder of s. 178.1009. This paragraph refers back to s. 178.1009 (1) (intro.), which specifically relates to limited liability partnerships. All other references to a partnership in s. 178.1009 are to “the limited liability partnership."

AB846,63 Section 63 . 230.06 (1) (m) of the statutes, as created by 2015 Wisconsin Act 150, is amended to read:

AB846,22,17 230.06 (1) (m) Prepare a progressive discipline plan which that complies with the standards established by the administrator under s. 230.04 (13m).

Note: Replaces “which" with “that" consistent with current style.

AB846,64 Section 64 . 238.30 (7) (a) of the statutes is amended to read:

AB846,23,3 238.30 (7) (a) Except as provided in pars. (b), (c), and (d), to (e) “tax benefits" means the development zones credit under ss. 71.07 (2dx), 71.28 (1dx), 71.47 (1dx), and 76.636.

Note: Section 238.30 (7) (a) provides the definition of “tax benefits" in ss. 238.30 to 238.395 and 238.398 except when another definition is specifically provided in the remaining paragraphs of s. 238.30 (7). Section 238.30 (7) (e) was added by 2015 Wis. Act 55 to provide a specific definition of “tax benefits" in s. 238.308, but was not included in the provisions excepted from the general definition in s. 238.30 (7) (a). The list of individual paragraphs is replaced with the range of paragraphs consistent with current style.

AB846,65 Section 65 . 244.445 (2) of the statutes, as created by 2015 Wisconsin Act 300, is amended to read:

AB846,23,14 244.445 (2) Access, manage, distribute, delete, terminate, transfer, transfer ownership rights in, or otherwise control my digital accounts, other than the content of electronic communications, as defined in s. 711.03 (6), with digital accounts to include my bank or other financial institution accounts, electronic mail accounts, blogs, software licenses, social network accounts, social media accounts, file-sharing and storage accounts, financial management accounts, domain registration accounts, domain name service accounts, Web hosting accounts, tax preparation service accounts, online store accounts, and affiliated programs currently in existence or that may exist as technology develops.

Note: Deletes unnecessary language. Section 244.445 provides general conditions relating to language in powers of attorney and is not related to a particular person.

AB846,66 Section 66 . The treatment of 301.45 (3) (b) 2. of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 159. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-17, or on the 2nd day after publication of the 2017-19 biennial budget act, whichever is later, s. 301.45 (3) (b) 2. reads:

2. The department shall notify a person who is being released from prison in this state because he or she has reached the expiration date of his or her sentence and who is covered under sub. (1g) of the need to comply with the requirements of this section. Also, probation, extended supervision, and parole agents, community supervision agents, aftercare agents, and agencies providing supervision shall notify any client who is covered under sub. (1g) of the need to comply with the requirements of this section at the time that the client is placed on probation, extended supervision, parole, supervision, community supervision, or aftercare supervision or, if the client is on probation, extended supervision, parole, or other supervision from another state under ss. 48.988 and 48.989 or under s. 48.99, 304.13 (1m), 304.135, 304.16, or 938.999, when the client enters this state.