AB847: Bill Text

Note: Section 153.75 (1) (k) authorized rule making “establishing methods and criteria for assessing health care providers under s. 153.60 (1)." 2015 Wis. Act 55 consolidated and renumbered s. 153.60 (intro.) and (1) to be s. 153.60 and amended s. 153.60, as renumbered. The amendment of s. 153.60 by Act 55 deleted the provision for the assessment of health care providers in the former s. 153.60 (1), rendering s. 153.75 (1) (k) without effect.

AB847,67 Section 67. 230.08 (2) (rm) of the statutes is repealed.

Note: Section 230.38 (2) (rm) reads: “Staff of the environmental education board." The environmental education board is eliminated effective July 1, 2017, as a result of the repeal of ss. 15.915 (6) and 36.54 by 2015 Wis. Act 55, leaving this provision without effect.

AB847,68 Section 68. The treatment of 230.12 (3) (e) 2. of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 58. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 230.12 (3) (e) 2. reads:

2. The administrator, after receiving recommendations from the board of the Wisconsin Technical College System, shall submit to the joint committee on employment relations a proposal for adjusting compensation and employee benefits for the director and executive assistant of the Wisconsin Technical College System. The proposal shall include the salary ranges and adjustments to the salary ranges for the general senior executive salary groups established under s. 20.923 (7). Paragraph (b) and sub. (1) (bf) shall apply to the process for approval of all pay adjustments for such employees. The proposal as approved by the joint committee on employment relations and the governor shall be based upon a percentage of the budgeted salary base for such employees under s. 20.923 (7).

AB847,69 Section 69. The treatment of 230.26 (1) of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 58. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 230.26 (1) reads:

(1) The director may provide by rule for selection and appointment for limited term appointments, which are provisional appointments or appointments for less than 1,040 hours per year.

AB847,70 Section 70. The treatment of 254.71 (3) of the statutes by 2015 Wisconsin Act 9 is not repealed by 2015 Wisconsin Act 55.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, and as renumbered from s. 254.71 (3) by 2015 Wis. Acts 9 and 55, s. 97.33 (3) (intro.) reads, effective 7-1-16:

(3) Each certificate is valid for 5 years from the date of issuance and, except as provided in s. 93.135, may be renewed by the certificate holder if he or she satisfactorily completes all of the following:

AB847,71 Section 71. The treatment of 256.01 (9) of the statutes by 2015 Wisconsin Act 83 is not repealed by 2015 Wisconsin Act 113. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 256.01 (9) reads:

(9) “First responder" means a person who is certified by the department as a first responder under s. 256.15 (8) (a) or is exempt under s. 256.15 (2) (b) or (c) and who, as a condition of employment or as a member of an organization that provides emergency medical care before hospitalization, provides emergency medical care to a sick, disabled or injured individual.

AB847,72 Section 72. 440.45 (1) (title) of the statutes, as created by 2015 Wisconsin Act 16, is repealed.

Note: No other subsections in s. 440.45 have titles.

AB847,73 Section 73. The treatment of 450.03 (1) (e) of the statutes by 2015 Wisconsin Act 3 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. 450.03 (1) (e) reads:

(e) Any person lawfully practicing within the scope of a license, permit, registration, certificate, or certification granted to provide home medical oxygen under s. 450.076, to practice professional or practical nursing or nurse-midwifery under ch. 441, to practice dentistry or dental hygiene under ch. 447, to practice medicine and surgery under ch. 448, to practice optometry under ch. 449 or to practice veterinary medicine under ch. 89, or as otherwise provided by statute.

AB847,74 Section 74. 450.16 (1) (intro.) and (b) of the statutes are consolidated, renumbered 450.16 (1) and amended to read:

AB847,27,8 450.16 (1) As used in In this section: (b) “Vending, “ vending machine" has the meaning given under s. 450.155 (1) (L).

Note: See the next section of this bill. “As used in" is replaced with “in" and “given" is inserted for conformity with current style.

AB847,75 Section 75. 450.16 (1) (a) of the statutes is repealed.

Note: Removes unnecessary definition. Section 450.16 (1) (a) provides a definition of “contraceptive article" as the term is used in s. 450.16, but “contraceptive article" is not contained in s. 450.16.

AB847,76 Section 76. 632.87 (2m) (a) (intro.), 1., 2., 3. and 4. of the statutes are renumbered 632.87 (2m) (intro.), (am), (b), (c) and (d), and 632.87 (2m) (b), as renumbered, is amended to read:

AB847,28,2 632.87 (2m) (b) Fail to provide to persons covered by the health maintenance organization or preferred provider plan, at the time vision care services or procedures are needed, the opportunity to choose optometrists from the listing under subd. 1. par. (am) from whom the persons may obtain covered vision care services and procedures within the scope of the practice of optometry, as defined in s. 449.01 (1).

Note: Section 632.87 (2m) is not divided into multiple paragraphs.

AB847,77 Section 77. 632.897 (10) (a) 3. of the statutes is amended to read:

AB847,28,9 632.897 (10) (a) 3. The fact that the group member or insured does not claim the child as an exemption for federal income tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state income tax purposes under s. 71.07 (8) (b) or under the laws of another state, if a court order under s. 767.513 or the laws of another state assigns responsibility for the child's health care expenses to the group member or insured.

Note: Corrects cross-reference. 26 USC 151 (c), which provides exemptions for dependents for federal income tax purposes, does not contain subdivisions.

AB847,78 Section 78. 751.20 of the statutes is amended to read:

AB847,28,14 751.20 Transfer authority. Notwithstanding s. 20.680 (2) (a) to (ke) and (4) (a) to (h) (L), the supreme court may transfer money from the appropriations under s. 20.680 (2) (a) to (ke) and (4) (a) to (h) (L) to the appropriation under s. 20.670 (1) (k) for the purposes of the judicial council under s. 758.13.

Note: Corrects cross-references. Section 20.680 (4) (a) to (h) consisted of s. 20.680 (4) (a), (g), and (h). Section 20.680 (4) (a) and (h) were repealed by 2015 Wis. Act 55. Section 20.680 (4) (g) was renumbered s. 20.680 (2) (L) by 2015 Wis. Act 55.

AB847,79 Section 79. 755.01 (4) of the statutes, as affected by 2015 Wisconsin Act 117, is amended to read:

AB847,29,13 755.01 (4) Two or more cities, towns or villages of this state may enter into an agreement under s. 66.0301 for the joint exercise of the power granted under sub. (1), except that for purposes of this subsection, any agreement under s. 66.0301 shall be effected by the enactment of identical ordinances by each affected city, town or village. Electors of each municipality entering into the agreement shall be eligible to vote for the judge of the municipal court so established. If a municipality enters into an agreement with a municipality that already has a municipal court, the municipalities may provide by ordinance or resolution that the judge for the existing municipal court shall serve as the judge for the joint court until the end of the term or until a special election is held under s. 8.50 (4) (fm). Each municipality shall adopt an ordinance or bylaw under sub. (1) prior to entering into the agreement. The contracting municipalities need not be contiguous and need not all be in the same county. Upon entering into or discontinuing such an agreement, the contracting municipalities shall each transmit a certified copy of the ordinance or bylaw effecting or discontinuing the agreement to the appropriate filing officer under s. 11.0102 (1) (c) and to the director of state courts. When a municipal judge is elected under this subsection, candidates shall be nominated by filing nomination papers under s. 8.10 (6) (bm), and shall register with the filing officer specified in s. 11.0102 (1) (c).

Note: Inserts the correct cross-reference. 2015 Wis. Act 117 struck “11.02 (3e)" in two places but did not insert the new cross-reference for filing officers in the second instance. Section 11.0102 (1) (c), as created by 2015 Wis. Act 117, identifies the filing officer for municipal judges elected under s. 755.01 (4).

AB847,80 Section 80. 767.511 (1) (b) of the statutes is amended to read:

AB847,30,2 767.511 (1) (b) Ensure that the parties have stipulated which party, if either is eligible, will claim each child as an exemption for federal income tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state income tax purposes under s. 71.07 (8) (b) or under the laws of another state. If the parties are unable to reach an agreement about the tax exemption for each child, the court shall make the decision in accordance with state and federal tax laws. In making its decision, the court shall consider whether the parent who is assigned responsibility for the child's health care expenses under s. 767.513 is covered under a health insurance policy or plan, including a self-insured plan, that is not subject to s. 632.897 (10) and that conditions coverage of a dependent child on whether the child is claimed by the insured parent as an exemption for purposes of federal or state income taxes.

Note: Corrects cross-reference. 26 USC 151 (c), which provides exemptions for dependents for federal income tax purposes, does not contain subdivisions.

AB847,81 Section 81. 767.805 (4) (c) of the statutes is amended to read:

AB847,30,6 767.805 (4) (c) A determination as to which parent, if eligible, shall have the right to claim the child as an exemption for federal tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state tax purposes under s. 71.07 (8) (b).

Note: Corrects cross-reference. 26 USC 151 (c), which provides exemptions for dependents for federal income tax purposes, does not contain subdivisions.

AB847,82 Section 82. 767.89 (3) (d) of the statutes is amended to read:

AB847,30,10 767.89 (3) (d) A determination as to which parent, if eligible, shall have the right to claim the child as an exemption for federal tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state tax purposes under s. 71.07 (8) (b).

Note: Corrects cross-reference. 26 USC 151 (c), which provides exemptions for dependents for federal income tax purposes, does not contain subdivisions.

AB847,83 Section 83. 812.30 (9) of the statutes is amended to read:

AB847,30,16 812.30 (9) “Need-based public assistance" means aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under s. 59.53 (21), medical assistance, supplemental security income, food stamps, or benefits received by veterans under s. 45.40 (1m) or under 38 USC 501 to 562 1501 to 1562.

Note: 38 USC 501 to 562 were renumbered 38 USC 1501 to 1562 by P.L. 102-83.

AB847,84 Section 84. 812.44 (4) (form) paragraph 2. of the statutes is amended to read:

AB847,30,18 812.44 (4) (form)

AB847,31,4 2. You receive aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section s. 59.53 (21) of the Wisconsin Statutes, medical assistance, supplemental security income, food stamps, or veterans benefits based on need under 38 USC 501 to 562 1501 to 1562 or section 45.351 (1) of the Wisconsin Statutes, or have received these benefits within the past 6 months.

Note: 38 USC 501 to 562 were renumbered 38 USC 1501 to 1562 by P.L. 102-83.

AB847,85 Section 85. 812.44 (5) (form) paragraph 2. of the statutes is amended to read:

AB847,31,6 812.44 (5) (form)

AB847,31,12 ... 2. I receive, am eligible for, or have within 6 months received, aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section 59.53 (21) of the Wisconsin Statutes, medical assistance, supplemental security income, food stamps, or veterans benefits based on need under 38 USC 501 to 562 1501 to 1562 or section 45.351 (1) of the Wisconsin Statutes.

Note: 38 USC 501 to 562 were renumbered 38 USC 1501 to 1562 by P.L. 102-83.

AB847,86 Section 86. 814.29 (1) (d) 1. of the statutes is amended to read:

AB847,31,18 814.29 (1) (d) 1. That the person is a recipient of means-tested public assistance, including aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under s. 59.53 (21), medical assistance, supplemental security income, food stamps or benefits received by veterans under s. 45.40 (1m) or under 38 USC 501 to 562 1501 to 1562.

Note: 38 USC 501 to 562 were renumbered 38 USC 1501 to 1562 by P.L. 102-83.

AB847,87 Section 87. 895.65 (16) (c) of the statutes, as created by 2015 Wisconsin Act 94, is amended to read:

AB847,31,22 895.65 (16) (c) The structured settlement agreement is expressly governed by the laws of the this state.

Note: Inserts correct term, consistent with s. 895.65 (16) (a) and (b).

AB847,88 Section 88. The treatment of 938.355 (4m) (b) of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 80. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 1-1-16, s. 938.355 (4m) (b) reads:

(b) The court shall expunge the court's record of a juvenile's adjudication if it was the juvenile's first adjudication based on a violation of s. 942.08 (2) (b), (c), or (d) or (3), and if the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order. Notwithstanding s. 938.396 (2), the court shall notify the department of corrections and the department of children and families promptly of any expungement under this paragraph.

AB847,89 Section 89. 938.50 (title) of the statutes, as affected by 2015 Wisconsin Act 55, section 4703bm, is amended to read:

AB847,32,6 938.50 (title) Examination of juveniles under supervision of department of corrections.

Note: The underscored language was added by 2015 Wis. Act 55, section 4703b, effective 1-1-16, but not included in the treatment by section 4703bm. The treatment of s. 938.50 by section 4703bm should have included the underscored language.

AB847,90 Section 90. The treatment of 978.045 (1r) (intro.) of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 64. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 978.045 (1r) (bm) (intro.), as renumbered and amended from s. 978.045 (1r) (intro.) by 2015 Wis. Act 64, reads:

(bm) The judge may appoint an attorney as a special prosecutor at the request of a district attorney to assist the district attorney in the prosecution of persons charged with a crime, in grand jury proceedings, in proceedings under ch. 980, or in investigations. The judge may appoint an attorney as a special prosecutor only if the judge or the requesting district attorney submits an affidavit to the department of administration attesting that any of the following conditions exists:

AB847,91 Section 91. 2015 Wisconsin Act 55, section 2124s is amended by replacing “71.05 (22) (dp) 1. Deduction limits, 2000 and thereafter. Except as" with “71.05 (22) (dp) 1. Except as".

Note: Section 71.05 (22) (dp) (title) was incorrectly shown in the text of 2015 Wis. Act 55 upon the renumbering of s. 71.05 (22) (dp) to 71.05 (22) (dp) 1.

AB847,92 Section 92. 2015 Wisconsin Act 55, section 3309t is amended by replacing “118.52 (6) (a) 1. The school board" with “118.52 (6) (a) Individualized education program requirements. The school board".

Note: The number “1." was added and the title (in italics) was omitted without being shown with strikes and underscoring. No change was intended.

AB847,93 Section 93. 2015 Wisconsin Act 89, section 52 is amended by replacing “provided in par. (b)" with “provided under in par. (b)".

Note: “In" replaced “under" without being shown with strikes and underscoring. The change was intended.

AB847,94 Section 94. 2015 Wisconsin Act 117, section 24h is amended by replacing “ 5.05 (2m) (c) 15. and 16. and (h)" with “5.05 (2m) (c) 15. and 16. and (i)".

Note: The stricken statute text was incorrectly transcribed.

AB847,95 Section 95. 2015 Wisconsin Act 118, section 188 is amended by replacing “19.47 (1), (2) and (4) to (10) of the statutes are created to read:" with “19.47 (1), (2) and (4) to (11) of the statutes are created to read:".

Note: Conforms action phrase to the subsections that were created in the text of 2015 Wis. Act 118, section 188.

AB847,96 Section 96. 2015 Wisconsin Act 118, section 192 is amended by replacing “ this subchapter and" with “this subchapter or".

Note: The stricken statute text was incorrectly transcribed.

AB847,97 Section 97. The treatment of NR 406.08 (1) of the administrative code by CR 13-057 is not repealed by CR 15-005. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, as required under s. 13.92 (4) (bm), s. NR 406.08 (1) reads:

(1) This section applies to actions on permits for which applications are received on or after August 1, 2015. This section does not apply to actions on applications for permits where the source commences construction, reconstruction, replacement, relocation, or modification prior to issuance of a construction permit. This section does not apply to construction permits which are subject to the notice, comment and hearing provisions of s. 293.43, 295.45, or 295.57, Stats.

AB847,98 Section 98. The treatment of NR 812.02 (2) of the administrative code by CR 13-099 is not repealed by CR 13-057. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, as required under s. 13.92 (4) (bm), s. NR 812.02 (2) reads: