2007 WISCONSIN ACT
96
An Act
relating to:
repealing, consolidating, renumbering, amending, and revising various provisions of the statutes for the purpose of correcting errors, supplying omissions, correcting and clarifying references, eliminating defects, anachronisms, conflicts, ambiguities, and obsolete provisions, reconciling conflicts, and repelling unintended repeals (Revisor's Correction Bill).
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
5.90
(1)
Except as otherwise provided in this subchapter, recounts of votes cast on an electronic voting system shall be conducted in the manner prescribed in s. 9.01. Except as provided in sub. (2) and
s.
9.01 (1) (b) 8s., if the ballots are distributed to the electors, the board of canvassers shall recount the ballots with automatic tabulating equipment. The board of canvassers shall test the automatic tabulating equipment to be used prior to the recount as provided in s. 5.84, and then the official ballots or the record of the votes cast shall be recounted on the automatic tabulating equipment. In addition, the board of canvassers shall check the ballots for the presence or absence of the initials and other distinguishing marks, shall examine the ballots marked "Rejected", "Defective" and "Objected to" to determine the propriety of such labels, and shall compare the "Duplicate Overvoted Ballots" and "Duplicate Damaged Ballots" with their respective originals to determine the correctness of the duplicates. If electronic voting machines are used, the board of canvassers shall perform the recount using the permanent paper record of the votes cast by each elector, as generated by the machines.
Note:
Inserts missing "s."
6.29
(2)
(am) The board shall provide to each municipal clerk a list prepared for use at each municipal clerk's office showing the name and address of each person whose name appears on the list provided by the department of corrections under s. 301.03
(20)
(20m)
as ineligible to vote on the date of the election, whose address is located in the municipality, and whose name does not appear on the registration list for that municipality. Prior to permitting an elector to register to vote under this subsection, the municipal clerk shall review the list. If the name of an elector who wishes to register to vote appears on the list, the municipal clerk shall inform the elector that the elector is ineligible to register to vote. If the elector maintains that he or she is eligible to vote in the election, the municipal clerk shall permit the elector to register to vote but shall mark the elector's registration form as "ineligible to vote per Department of Corrections." If the elector wishes to vote, the municipal clerk shall challenge the elector's ballot in the same manner as provided for inspectors who challenge ballots under s. 6.79 (2) (dm).
Note:
Section 301.03 (20), as created by
2005 Wis. Act 451
, is renumbered s. 301.03 (20m) by this bill.
6.33
(1)
The board shall prescribe the format, size, and shape of registration forms. All forms shall be printed on cards and each item of information shall be of uniform font size, as prescribed by the board. The municipal clerk shall supply sufficient
form
forms
to meet voter registration needs. The forms shall be designed to obtain from each applicant information as to name; date; residence location; citizenship; date of birth; age; the number of a valid operator's license issued to the elector under ch. 343 or the last 4 digits of the elector's social security account number; whether the applicant has resided within the ward or election district for at least 10 days; whether the applicant has been convicted of a felony for which he or she has not been pardoned, and if so, whether the applicant is incarcerated, or on parole, probation, or extended supervision; whether the applicant is disqualified on any other ground from voting; and whether the applicant is currently registered to vote at any other location. The form shall include a space for the applicant's signature and the signature of any corroborating elector. The form shall include a space to enter the name of any special registration deputy under s. 6.26 or 6.55 (6) or inspector, municipal clerk, or deputy clerk under s. 6.55 (2) who obtains the form and a space for the deputy, inspector, clerk, or deputy clerk to sign his or her name, affirming that the deputy, inspector, clerk, or deputy clerk has accepted the form. The form shall include a space for entry of the ward and aldermanic district, if any, where the elector resides and any other information required to determine the offices and referenda for which the elector is certified to vote. The form shall also include a space where the clerk may record an indication of whether the form is received by mail, a space where the clerk may record an indication of the type of identifying document submitted by the elector as proof of residence under s. 6.34, whenever required, and a space where the clerk, for any applicant who possesses a valid voting identification card issued to the person under s. 6.47 (3), may record the identification serial number appearing on the voting identification card. Each county clerk shall obtain sufficient registration forms for completion by an elector who desires to register to vote at the office of the county clerk under s. 6.28 (4).
Note:
Replaces the singular with the plural to correct grammar.
6.36
(1)
(a) The board shall compile and maintain electronically an official registration list. The list shall contain the name and address of each registered elector in the state, the date of birth of the elector, the ward and aldermanic district of the elector, if any, and, for each elector, a unique registration identification number assigned by the board, the number of a valid operator's license issued to the elector under ch. 343, if any, or the last 4 digits of the elector's social security account number, if any, any identification serial number issued to the elector under s. 6.47 (3), the date of any election in which the elector votes, an indication of whether the elector is a military elector, as defined in sub. (2) (c), who has so certified under s. 6.865 (3m), an indication of whether the elector is an overseas elector, as defined in s. 6.24 (1), any information relating to the elector that appears on the current list transmitted to the board by the department of corrections under s. 301.03
(20)
(20m)
, an indication of any accommodation required under s. 5.25 (4) (a) to permit voting by the elector, an indication of the method by which the elector's registration form was received, and such other information as may be determined by the board to facilitate administration of elector registration requirements.
Note:
Section 301.03 (20), as created by
2005 Wis. Act 451
, is renumbered s. 301.03 (20m) by this bill.
6.55
(2)
(cs) The board shall provide to each municipal clerk a list prepared for use at each polling place showing the name and address of each person whose name appears on the list provided by the department of corrections under s. 301.03
(20)
(20m)
as ineligible to vote on the date of the election, whose address is located in the area served by that polling place, and whose name does not appear on the poll list for that polling place. Prior to permitting an elector to register to vote under this subsection or s. 6.86 (3) (a) 2., the inspectors or special registration deputies shall review the list. If the name of an elector who wishes to register to vote appears on the list, the inspectors or special registration deputies shall inform the elector or the elector's agent that the elector is ineligible to register to vote. If the elector or the elector's agent maintains that the elector is eligible to vote in the election, the inspectors or special registration deputies shall permit the elector to register but shall mark the elector's registration form as "ineligible to vote per Department of Corrections." If the elector wishes to vote, the inspectors shall require the elector to vote by ballot and shall challenge the ballot as provided in s. 6.79 (2) (dm).
Note:
Section 301.03 (20), as created by
2005 Wis. Act 451
, is renumbered s. 301.03 (20m) by this bill.
6.79
(2)
(d)
The
If the
poll list indicates that proof of residence under s. 6.34 is required, the officials shall require the elector to provide proof of residence. If proof of residence is provided, the officials shall verify that the name and address on the identification document submitted as proof of residence provided is the same as the name and address shown on the registration list. If proof of residence is required and not provided, the officials shall offer the opportunity for the elector to vote under s. 6.97.
Note:
"If" was deleted by
2005 Wis. Act 451
without being shown as stricken. No change was intended.
6.79
(2)
(dm) If the poll list indicates that the elector is ineligible to vote because the elector's name appears on the current list provided by the department of corrections under s. 301.03
(20)
(20m)
, the inspectors shall inform the elector of this fact. If the elector maintains that he or she is eligible to vote in the election, the inspectors shall provide the elector with a ballot and, after the elector casts his or her vote, shall challenge the ballot as provided in s. 6.92 and treat the ballot in the manner provided in s. 6.95.
Note:
Section 301.03 (20), as created by
2005 Wis. Act 451
, is renumbered s. 301.03 (20m) by this bill.
Note:
There is no conflict of substance. As merged by the revisor, s. 6.875 (4) reads:
(4)
(a) For the purpose of absentee voting in nursing homes and qualified retirement homes and qualified community-based residential facilities, the municipal clerk or board of election commissioners of each municipality in which one or more nursing homes or qualified retirement homes or qualified community-based residential facilities are located shall appoint at least 2 special voting deputies for the municipality. Upon application under s. 6.86 (1), (2), or (2m) by one or more qualified electors who are occupants of a nursing home or qualified retirement home or qualified community-based residential facility, the municipal clerk or board of election commissioners of the municipality in which the home or facility is located shall dispatch 2 special voting deputies to visit the home or qualified community-based residential facility for the purpose of supervising absentee voting procedure by occupants of the home or qualified community-based residential facility. The clerk shall maintain a list, available to the public upon request, of each nursing home or qualified retirement home or qualified community-based residential facility where an elector has requested an absentee ballot. The list shall include the date and time the deputies intend to visit each home or facility. The 2 deputies designated to visit each nursing home or qualified retirement home and qualified community-based residential facility shall be affiliated with different political parties whenever deputies representing different parties are available.
(b) Nominations for the special voting deputy positions described in par. (a) may be submitted by the 2 recognized political parties whose candidates for governor or president received the greatest numbers of votes in the municipality at the most recent general election. The deputies shall be specially appointed to carry out the duties under par. (a) for the period specified in s. 7.30 (6) (a). The clerk or board of election commissioners may revoke an appointment at any time. No individual who is employed or retained, or within the 2 years preceding appointment has been employed or retained, at a nursing home or qualified retirement home or qualified community-based residential facility in the municipality, or any member of the individual's immediate family, as defined in s. 19.42 (7), may be appointed to serve as a deputy.
Note:
There is no conflict of substance. As merged by the revisor, s. 6.875 (6) (a) reads:
(a) Special voting deputies in each municipality shall, not later than 5 p.m. on the Friday preceding an election, arrange one or more convenient times with the administrator of each nursing home, qualified retirement home, and qualified community-based residential facility in the municipality from which one or more occupants have filed an application under s. 6.86 to conduct absentee voting for the election. The time may be no earlier than the 4th Monday preceding the election and no later than 5 p.m. on the Monday preceding the election. The municipal clerk shall post a notice at the home or facility indicating the date and time that absentee voting will take place at that home or facility. The notice shall be posted as soon as practicable after arranging the visit but in no case less than 24 hours before the visit. At the designated time, 2 deputies appointed under sub. (4) shall visit the home or facility.
6.875
(6)
(b) The municipal clerk or executive director of the board of election commissioners shall issue a supply of absentee ballots to the deputies sufficient to provide for the number of valid applications for an absentee ballot received by the clerk, and a reasonable additional number of ballots. The deputies may exercise the authority granted to the chief inspector under s. 7.41 to regulate the conduct of observers
for
. For
purposes of the application of s. 7.41, the home or facility shall be treated as a polling place. The municipal clerk or executive director shall keep a careful record of all ballots issued to the deputies and shall require the deputies to return every ballot issued to them.
Note:
Corrects punctuation error that results in an incomplete sentence. Drafting records for
2005 Wis. Act 451
show that 2 sentences were intended.
Note:
There is no conflict of substance. As merged by the revisor, s. 7.08 (1) (c) reads:
(c) Prescribe forms required by ss. 6.24 (3) and (4), 6.30 (4), 6.33 (1), 6.40 (1) (a), 6.47 (1) (am) 2. and (3), 6.55 (2), and 6.86 (2) to (3). All such forms shall contain a statement of the penalty applicable to false or fraudulent registration or voting through use of the form. Forms are not required to be furnished by the board.
Note:
There is no conflict of substance. As merged by the revisor, s. 7.30 (4) (b) (intro.) reads:
(b) The 2 dominant parties, under sub. (2), are each responsible for submitting a list of names from which all appointees to inspector positions, other than appointees to inspector positions authorized under sub. (1) (b), shall be chosen as follows:
Note:
There is no conflict of substance. As merged by the revisor s. 7.30 (4) (b) 2. reads:
2. a. In municipalities other than cities and villages located in counties having a population of more than 500,000, the committees organized under s. 8.17 from each of the 2 dominant parties under sub. (2) shall submit a list containing at least as many names as there are needed appointees from that party. The list shall be submitted by the chairperson of each of the 2 committees to the mayor, president, or chairperson of the municipality. If committees are organized in subdivisions of a city, the list shall be submitted through the chairperson of the city committee. If there is no municipal committee, the list shall be submitted by the chairperson of the county or legislative district committee. Except as provided in par. (c), only those persons submitted by the chairperson of each committee under s. 8.17 may act as election officials. The chairperson may designate any individual whose name is submitted as a first choice nominee. The list shall contain the signature of the chairperson and secretary of the submitting committee.
b. In cities or villages located in counties having a population of more than 500,000, other than cities where there is a board of election commissioners, the aldermanic district or village committeeman or committeewoman for the ward or wards where each polling place is located, if there is one, or for inspectors serving under s. 7.52 (1) (b), the committeemen and committeewomen for the municipality acting jointly, shall submit a list containing at least as many names as there are needed appointees for inspector positions from the party represented by the committeeman or committeewoman or by the committeemen and committeewomen acting jointly. For appointments of inspectors in cities and villages where there is no aldermanic district or village committeeman or committeewoman, nominations shall proceed in the same manner as in municipalities located in counties having a population of 500,000 or less. The list shall be submitted to the mayor or president. Except as provided in par. (c), only those persons whose names are submitted as provided in this paragraph may act as election officials. The committeeman or committeewoman may designate any individual whose name is submitted as a first choice nominee. The list shall contain the signature of the aldermanic district or village committeeman or committeewoman or the chairperson of the appropriate committee.
c. Upon submission of each nominee's name, the governing body shall appoint each first choice nominee for so long as positions are available, unless nonappointment is authorized under par. (e), and shall appoint other nominees in its discretion. If any nominee is not appointed, the mayor, president, or chairperson of the municipality shall immediately nominate another person from the appropriate lists submitted and continue until the necessary number of election officials from each party is achieved at that meeting.
7.51
(1)
Canvass procedure.
Immediately after the polls close the inspectors except any inspector appointed under s. 7.30 (1) (b) shall proceed to canvass publicly all votes received at the polling place. In any municipality where an electronic voting system is used, the municipal governing body or board of election commissioners may provide or authorize the municipal clerk or executive director of the board of election commissioners to provide for the adjournment of the canvass to one or more central counting locations for specified polling places in the manner prescribed in subch. III of ch. 5. No central counting location may be used to count votes at a polling place where an electronic voting system is not employed. The canvass, whether conducted at the polling place or at a central counting location, shall continue without adjournment until the canvass is completed and the return statement is made or, in municipalities where absentee ballots are canvassed under s. 7.52, until the canvass of all ballots cast is completed and the return statement for those ballots
are
is
made. The inspectors shall not permit access to the name of any elector who has obtained a confidential listing under s. 6.47 (2) during the canvass, except as authorized in s. 6.47 (8).
Note:
Replaces "are" with "is" for correct sentence agreement.
7.53
(2)
(a) 3. If the clerk is a candidate at an election being canvassed, the clerk may perform his or her duties on the board of canvassers only if the clerk does not have an opponent whose name appears on the ballot, or in the case of a recount, if the office the clerk is seeking is not a subject of the recount. If the clerk is a candidate at the election being canvassed and has an opponent whose name appears on the ballot or if the office the clerk is seeking is a subject of a recount, the mayor, president
of
or
board chairperson of the municipality shall designate another qualified elector of the municipality to serve in lieu of the elector for that election.
Note:
Inserts correct word.
Note:
There is no conflict of substance. As merged by the revisor, s. 9.01 (1) (a) reads:
(a) 1. Any candidate voted for at any election or any elector who voted upon any referendum question at any election may petition for a recount. The petitioner shall file a verified petition or petitions with the proper clerk or body under par. (ar) not earlier than the time of completion of the canvass and not later than 5 p.m. on the 3rd business day following the last meeting day of the municipal or county board of canvassers determining the election for that office or on that referendum question prior to issuance of any amended return under s. 6.221 (6) (b) or, if more than one board of canvassers makes the determination, not later than 5 p.m. on the 3rd business day following the last meeting day of the last board of canvassers which makes a determination prior to issuance of any amended return under s. 6.221 (6) (b). If the chairperson of the board or chairperson's designee makes the determination for the office or the referendum question, the petitioner shall file the petition not earlier than the last meeting day of the last county board of canvassers to make a statement in the election or referendum and not later than 5 p.m. on the 3rd business day following the day on which the elections board receives the last statement from a county board of canvassers for the election or referendum.
2. Each verified petition under subd. 1. shall state all of the following:
a. That at the election the petitioner was a candidate for the office in question or that the petitioner voted on the referendum question in issue.
b. That the petitioner is informed and believes that a mistake or fraud has been committed in a specified ward or municipality in the counting and return of the votes cast for the office or upon the question or that another specified defect, irregularity, or illegality occurred in the conduct of the election.
3. The petition under subd. 1. shall specify each ward, or each municipality where no wards exist, in which a recount is desired. If a recount is requested for all wards within a jurisdiction, each ward need not be specified.
4. The petition under subd. 1. may be amended to include information discovered as a result of the investigation of the board of canvassers or the chairperson of the board, or chairperson's designee, after the filing of the petition if the petitioner moves to amend the petition as soon as possible after the petitioner discovers, or reasonably should have discovered, the information that is the subject of the amendment and if the petitioner was unable to include the information in the original petition.
Note:
There is no conflict of substance. As merged by the revisor, s. 13.94 (4) (a) 1. reads:
1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature including specifically the Fox River Navigational System Authority and the Wisconsin Aerospace Authority, a professional baseball park district, a local professional football stadium district, a local cultural arts district and a family care district under s. 46.2895; every Wisconsin works agency under subch. III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical college district boards; development zones designated under s. 560.71; every county department under s. 51.42 or 51.437; every nonprofit corporation or cooperative or unincorporated cooperative association to which moneys are specifically appropriated by state law; and every corporation, institution, association or other organization which receives more than 50% of its annual budget from appropriations made by state law, including subgrantee or subcontractor recipients of such funds.
16.964
(12)
(k) By December 31, 2011, the office, in collaboration with the departments of corrections and health and family services, shall submit a report to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under
section
s.
13.172 (3), regarding savings that have been generated through the implementation of the grant program. The report shall also include recommendations regarding how the grant program should be structured in the future.
Note:
Corrects citation form. The change is shown in the printed volumes.
Section
19
.
19.01 (4) (g) of the statutes is amended to read:
19.01
(4)
(g) Official oaths and bonds of all elected or appointed village officers shall be filed
in
the office of the village clerk for the village in which the
officers
officer
serves, except that oaths and bonds of village clerks shall be filed in the office of the village treasurer.
Note:
Inserts missing word and correct word form.
Section
20
.
19.82 (2) of the statutes is amended to read:
19.82
(2)
"Meeting" means the convening of members of a governmental body for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body. If one-half or more of the members of a governmental body are present, the meeting is rebuttably presumed to be for the purpose of exercising the responsibilities, authority, power or duties delegated to or vested in the body. The term does not include any social or chance gathering or conference which is not intended to avoid this subchapter, any gathering of the members of a town board for the purpose specified in s. 60.50 (6), any gathering of the commissioners of a town sanitary district for the purpose specified in s. 60.77 (5) (k)
,
or any gathering of the members of a drainage board created under s. 88.16, 1991 stats., or under s. 88.17, for a purpose specified in s. 88.065 (5) (a).
Note:
Inserts serial comma. The change is shown in the printed volumes.
Note:
There is no conflict of substance. As merged by the revisor, s. 20.566 (1) (hp) reads:
(hp)
Administration of endangered resources; professional football district; breast cancer research; fire fighters memorial; veterans trust fund; multiple sclerosis programs; prostate cancer research voluntary payments.
The amounts in the schedule for the payment of all administrative costs, including data processing costs, incurred in administering ss. 71.10 (5), (5e), (5f), (5fm), (5g), (5h), and (5m), and 71.30 (10). All moneys specified for deposit in this appropriation under ss. 71.10 (5) (h) 5., (5e) (h) 4., (5f) (i), (5fm) (i), (5g) (i), (5h) (i), and (5m) (i), and 71.30 (10) (i) and (11) (i) shall be credited to this appropriation.
Section
22
.
20.835 (2) (bm) of the statutes, as created by
2005 Wisconsin Act 405
, is renumbered 20.835 (2) (br).
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 483
also created a provision numbered s. 20.835 (2) (bm).
Section
23
.
30.206 (1) (a) of the statutes is amended to read:
30.206
(1)
(a) The department shall issue the statewide general permits as rules promulgated under ch. 227 required under ss. 30.12 (3) (a), 30.123 (7) (a), and 30.20 (1t) (a). The statewide general permits required under ss. 30.12 (3) (a), 30.123 (7) (a), and 30.20 (1t) (a) shall be promulgated within 540 days after February 6, 2004. The department shall submit in proposed form the rule containing the statewide general permit under s. 30.19 (3r) (a) and the rule under s. 30.19 (1d) to the legislative council staff under
section
s.
227.15 (1) no later than August 1, 2004. General permits issued under s. 30.206, 2001 stats., shall remain valid until the date upon which the rules issuing these statewide general permits are promulgated under this paragraph.
Note:
Corrects citation form. The correction has been made in the printed volumes.
Section
24
.
31.02 (4r) of the statutes is amended to read:
31.02
(4r)
The department shall promulgate rules specifying the rights held by the public in navigable waters that are dammed. The rules shall include provisions on the rights held by
the
public that affect the placement of fishways or fish ladders in navigable waters that are dammed.
Note:
Inserts missing article.
40.23
(3)
The initial monthly amount of any retirement annuity in the normal form shall not be less than the money purchase annuity which can be provided by applying the sum of the participant's accumulated additional and required contributions, including interest credited to the accumulations, plus an amount from the employer accumulation reserve equal to the participant's accumulated required contributions, less any accumulated contributions to purchase other governmental service under
s. 40.25 (7), 2001 stats., or
s. 40.285 (2) (b)
or 40.25 (7), 2001 stats.,
to fund the annuity in accordance with the actuarial tables in effect on the annuity effective date.
Note:
Places cross-references in correct order according to current style.
Section
26
.
40.73 (1) (am) 2. of the statutes, as created by
2005 Wisconsin Act 22
, is amended to read:
40.73
(1)
(am) 2. Accumulated contributions to purchase other governmental service under
s. 40.25 (7), 2001 stats., or
s. 40.285 (2) (b)
or 40.25 (7), 2001 stats
.
Note:
Places cross-references in correct order according to current style.
Section
27
.
43.30 (1b) of the statutes is amended to read:
43.30
(1b)
In this section, "custodial parent" includes any parent other than a parent who has been denied periods of physical placement with a child under s.
767.24 (4)
767.41 (4)
.
Note:
Corrects cross-reference. Section 767.24 was renumbered to s. 767.41 by
2005 Wis. Act 443
.
45.31
(7)
"Funds" include cash on hand and liquid investments owned by the veteran and his or her spouse, individually or jointly, unless the veteran and spouse are legally separated under s.
767.07
767.35 (1)
.
Note:
Corrects cross-reference. Section 767.07 was renumbered to s. 767.35 (1) by
2005 Wis. Act 443
.
45.37
(2)
(a) Applications for loans under this section for a purpose specified in s. 45.34 (1) (a), (b), or (d) shall be made to an authorized lender and applications for loans under this section for a purpose specified under s. 45.34 (1) (c) may be made to the department or to a county veterans service officer on forms approved by the department and signed by the applicant. If the applicant is married and not legally separated under s.
767.02
767.001
(1) (d) or in the process of obtaining a divorce, the applicant's spouse also shall sign the application.
Note:
Corrects cross-reference. Section 767.02 was renumbered s. 767.001 by
2005 Wis. Act 443
.
46.03
(7g)
Statewide automated child welfare information system.
Establish a statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a),
55.06 (17) (c)
55.22 (3)
, 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1)
(a)
and (2)
(a)
, and 938.78 (2) (a), the department may enter the content of any record kept or information received by the department into the statewide automated child welfare information system, and a county department under s. 46.215, 46.22 or 46.23, the department, or any other organization that has entered into an information sharing and access agreement with the department or any of those county departments and that has been approved for access to the statewide automated child welfare information system by the department may have access to information that is maintained in that system, if necessary to enable the county department, department, or organization to perform its duties under this chapter, ch. 48, 51, 55, or 938, or
42 USC 670
to
679b
to or to coordinate the delivery of services under this chapter, ch. 48, 51, 55, or 938, or
42 USC 670
to
679b
.
Note:
Corrects cross-references.
2005 Wis. Act 264
renumbered s. 55.06 (17) to s. 55.22.
2005 Wis. Act 344
renumbered s. 938.396 (1) to s. 938.396 (1) (a) and s. 938.396 (2) (a) to s. 938.396 (2) and changed existing cross-references to s. 938.396 (1) (a) and (2), but did not take account of the cross-references inserted by
2005 Wis. Act 406
.
46.215
(1p)
Exchange of information; statewide automated child welfare information system.
Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a),
55.06 (17) (c)
55.22 (3)
, 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1)
(a)
and (2)
(a)
, and 938.78 (2) (a), a county department under this section may enter the content of any record kept or information received by that county department into the statewide automated child welfare information system established under s. 46.03 (7g).
Note:
Corrects cross-reference.
2005 Wis. Act 264
renumbered s. 55.06 (17) to s. 55.22.
2005 Wis. Act 344
renumbered s. 938.396 (1) to s. 938.396 (1) (a) and s. 938.396 (2) (a) to s. 938.396 (2) and changed existing cross-references to s. 938.396 (1) (a) and (2), but did not take account of the cross-references inserted by
2005 Wis. Act 406
.
Section
32
.
46.22 (1) (b) 2. e. of the statutes is amended to read:
46.22
(1)
(b) 2. e. To make payments in such manner as the department of workforce development may determine for training of recipients, former recipients and potential recipients of aid in programs established under
ss.
s.
49.193, 1997 stats., and
s.
49.26 (1).
Note:
Corrects citation form.
46.22
(1)
(dp)
Exchange of information; statewide automated child welfare information system.
Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a),
55.06 (17) (c)
55.22 (3)
, 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1)
(a)
and (2)
(a)
, and 938.78 (2) (a), a county department under this section may enter the content of any record kept or information received by that county department into the statewide automated child welfare information system established under s. 46.03 (7g).
Note:
Corrects cross-reference.
2005 Wis. Act 264
renumbered s. 55.06 (17) to s. 55.22.
2005 Wis. Act 344
renumbered s. 938.396 (1) to s. 938.396 (1) (a) and s. 938.396 (2) (a) to s. 938.396 (2) and changed existing cross-references to s. 938.396 (1) (a) and (2), but did not take account of the cross-references inserted by
2005 Wis. Act 406
.
46.23
(3)
(ed)
Exchange of information; statewide automated child welfare information system.
Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a),
55.06 (17) (c)
55.22 (3)
, 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1)
(a)
and (2)
(a)
, and 938.78 (2) (a), a county department under this section may enter the content of any record kept or information received by that county department into the statewide automated child welfare information system established under s. 46.03 (7g).
Note:
Corrects cross-reference.
2005 Wis. Act 264
renumbered s. 55.06 (17) to s. 55.22.
2005 Wis. Act 344
renumbered s. 938.396 (1) to s. 938.396 (1) (a) and s. 938.396 (2) (a) to s. 938.396 (2) and changed existing cross-references to s. 938.396 (1) (a) and (2), but did not take account of the cross-references inserted by
2005 Wis. Act 406
.
Section
35
.
46.29 (3) (j) of the statutes is repealed.
Note:
46.29 (3) (intro.) provides that, "All of the following shall maintain liaison with and periodically report to the council on physical disabilities ...", and 46.29 (3) (j) states "The chairperson of the health policy council." The health policy council was abolished in
1987 Wisconsin Act 399
by the repeal of s. 14.017 (3).
48.27
(5)
Subject to sub. (3) (b), the court shall make every reasonable effort to identify and notify any person who has filed a declaration of paternal interest under s. 48.025, any person who has acknowledged paternity of the child under s.
767.62
767.805
(1) , and any person who has been adjudged to be the father of the child in a judicial proceeding unless the person's parental rights have been terminated.
Note:
Corrects cross-reference. Section 767.62 was renumbered s. 767.805 by
2005 Wis. Act 443
.
48.40
(1r)
"Parent" has the meaning given in s. 48.02 (13), except that for purposes of filing a petition seeking the involuntary termination of parental rights under s. 48.415 to a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s.
767.60
767.803
and whose paternity has not been established, of finding grounds under s. 48.415 for the involuntary termination of parental rights to such a child, and of terminating the parental rights to such a child on a ground specified in s. 48.415, "parent" includes a person who may be the parent of such a child.
Note:
Inserts correct cross-reference.
2005 Wis. Act 443
renumbered s. 767.60 to 767.803.
Section
38
.
48.42 (1g) (a) (intro.) of the statutes, as created by
2005 Wisconsin Act 293
, is amended to read:
48.42
(1g)
(a) (intro.) Except as provided in par. (c), if the petition is filed by a person or agency other than the district attorney, corporation counsel, or other appropriate official under s. 48.09; if the petition seeks to terminate the parental rights of a person who may be the father of a nonmarital child who is under one year of age at the time the petition is filed, who is not adopted or whose parents do not subsequently intermarry under s.
767.60
767.803
, and whose paternity has not been established; and if the mother of the child has voluntarily consented to or seeks to voluntarily consent to the termination of her parental rights to the child, the petitioner may file with the petition an affidavit signed by the mother that includes all of the following:
Note:
Inserts correct cross-reference.
2005 Wis. Act 443
renumbered s. 767.60 to 767.803.
Section
39
.
48.42 (2) (bm) (intro.) of the statutes, as created by
2005 Wisconsin Act 293
, is amended to read:
48.42
(2)
(bm) (intro.) If the child is a nonmarital child who is under one year of age at the time the petition is filed and who is not adopted or whose parents do not subsequently intermarry under s.
767.60
767.803
and whose paternity has not been established and if an affidavit under sub. (1g) (a) is filed with the petition:
Note:
Inserts correct cross-reference.
2005 Wis. Act 443
renumbered s. 767.60 to 767.803.
48.42
(2m)
(b)
Parent of nonmarital child.
A person who may be the father of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s.
767.60
767.803
and whose paternity has not been established, by virtue of the fact that he has engaged in sexual intercourse with the mother of the child, is considered to be on notice that a pregnancy and a termination of parental rights proceeding concerning the child may occur, and has the duty to protect his own rights and interests. He is therefore entitled to actual notice of such a proceeding only as provided in sub. (2) (b) or (bm). A person who is not entitled to notice under sub. (2) (b) or (bm) does not have standing to appear and contest a petition for the termination of his parental rights, present evidence relevant to the issue of disposition, or make alternative dispositional recommendations.
Note:
Inserts correct cross-reference.
2005 Wis. Act 443
renumbered s. 767.60 to 767.803.
48.423
(2)
Rights of out-of-state fathers.
(intro.) A person who may be the father of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s.
767.60
767.803
and whose paternity has not been established may contest the petition, present evidence relevant to the issue of disposition, and make alternative dispositional recommendations if the person appears at the hearing, establishes paternity under sub. (1), and proves all of the following by a preponderance of the evidence:
Note:
Inserts correct cross-reference.
2005 Wis. Act 443
renumbered s. 767.60 to 767.803.
48.833
Placement of children for adoption by the department, county departments, and child welfare agencies.
The department, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.60 may place a child for adoption in a licensed foster home or a licensed treatment foster home without a court order if the department, county department, or child welfare agency is the guardian of the child or makes the placement at the request of another agency that is the guardian of the child and if the proposed adoptive parents have completed the preadoption preparation required under s. 48.84 (1) or the department, county department, or child welfare agency determines that the proposed adoptive parents are not required to complete that preparation.
,,
When a child is placed under this section in a licensed foster home or a licensed treatment foster home for adoption, the department, county department, or child welfare agency making the placement shall enter into a written agreement with the proposed adoptive parent, which shall state the date on which the child is placed in the licensed foster home or licensed treatment foster home for adoption by the proposed adoptive parent.
48.837
(4)
(e) Shall, before hearing the petitions under subs. (2) and (3), ascertain whether the paternity of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s.
767.60
767.803
has been acknowledged under s. 767.805 or a substantially similar law of another state or adjudicated in this state or another jurisdiction. If the child's paternity has not been acknowledged or adjudicated, the court shall attempt to ascertain the paternity of the child and shall determine the rights of any person who may be the father of the child as provided under s. 48.423. The court may not proceed with the hearing on the petitions under this section unless the parental rights of the nonpetitioning parent, whether known or unknown, have been terminated.
Note:
Inserts correct cross-reference.
2005 Wis. Act 443
renumbered s. 767.60 to 767.803.
48.978
(7)
(b) This section does not abridge the duties or authority of a guardian appointed under
ch. 880, 2003 stats., or
ch. 54
or ch. 880, 2003 stats
.
Note:
Places cross-references in correct order in accordance with current style.
49.855
(3)
Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93 (3), (6), and (7). When the department of revenue determines that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the obligor that the state intends to reduce any state tax refund or credit due the obligor by the amount the obligor is delinquent under the support, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, medical expenses, or birth expenses under the court order, or by the amount due under s. 46.10 (4) or 301.12 (4). The notice shall provide that within 20 days the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. Within 10 days after receiving a request for hearing under this subsection, the court shall set the matter for hearing. Pending further order by the court or a circuit court commissioner, the department of workforce development or its designee, whichever is appropriate, is prohibited from disbursing the obligor's state tax refund or credit. A circuit court commissioner may conduct the hearing. The sole issues at that hearing shall be whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld from a tax refund or credit shall be paid to the obligor or held for future support or maintenance, except that the obligor's ability to pay shall also be an issue at the hearing if the obligation relates to an order under s.
767.51 (3) (e) 1. or 767.62
767.805
(4) (d) 1.
or 767.89 (3) (e) 1.
and the order specifies that the court found that the obligor's income was at or below the poverty line established under
42 USC 9902
(2).
Note:
Inserts correct cross-references.
2005 Wis. Act 443
renumbered s. 767.51 to s. 767.89 and s. 767.62 to 767.805.
49.855
(4m)
(b) The department of revenue may provide a certification that it receives under sub. (1), (2m), or (2p) to the department of administration. Upon receipt of the certification, the department of administration shall determine whether the obligor is a vendor or is receiving any other payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.40 (1), this chapter, or ch. 46, 108, or 301. If the department of administration determines that the obligor is a vendor or is receiving payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.40 (1), this chapter, or ch. 46, 108, or 301, it shall begin to withhold the amount certified from those payments and shall notify the obligor that the state intends to reduce any payments due the obligor by the amount the obligor is delinquent under the support, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, medical expenses, or birth expenses under the court order, or by the amount due under s. 46.10 (4) or 301.12 (4). The notice shall provide that within 20 days after receipt of the notice the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. An obligor may, within 20 days after receiving notice, request a hearing under this paragraph. Within 10 days after receiving a request for hearing under this paragraph, the court shall set the matter for hearing. A circuit court commissioner may conduct the hearing. Pending further order by the court or circuit court commissioner, the department of workforce development or its designee, whichever is appropriate, may not disburse the payments withheld from the obligor. The sole issues at the hearing are whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld shall be paid to the obligor or held for future support or maintenance, except that the obligor's ability to pay is also an issue at the hearing if the obligation relates to an order under s.
767.51 (3) (e) 1. or 767.62
767.805
(4) (d) 1.
or 767.89 (3) (e) 1.
and the order specifies that the court found that the obligor's income was at or below the poverty line established under
42 USC 9902
(2).
Note:
Inserts correct cross-references.
2005 Wis. Act 443
renumbered s. 767.51 to s. 767.89 and s. 767.62 to 767.805.
Section
47
.
49.89 (7) (c) of the statutes is amended to read:
49.89
(7)
(c) The incentive payment shall be an amount equal to 15% of the amount recovered because of benefits paid under
s. 49.20, 1997 stats., or
s. 49.19,
s. 49.20, 1997 stats., and 49.30
49.785,
or 253.05. The incentive payment shall be taken from the state share of the sum recovered, except that the incentive payment for an amount recovered because of benefits paid under s. 49.19 shall be considered an administrative cost under s. 49.19 for the purpose of claiming federal funding.
Note:
Places cross-references in correct order according to current style. Corrections have been made in the printed volumes. Section 49.30 was renumbered s. 49.785 by
2003 Wis. Act 33
.
Note:
There is no conflict of substance. As merged by the revisor, s. 50.06 (2) (c) reads:
(c) A petition for guardianship for the individual under s. 54.34 and a petition under s. 55.075 for protective placement of the individual are filed prior to the proposed admission.
Note:
There is no conflict of substance. As merged by the revisor, s. 51.35 (3) (a) reads:
(a) A licensed psychologist of a juvenile correctional facility or a secured residential care center for children and youth, or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the juvenile correctional facility or secured residential care center for children and youth is, in his or her opinion, in need of services for developmental disability, alcoholism, or drug dependency or in need of psychiatric services, and who has obtained consent to make a transfer for treatment, shall make a report, in writing, to the superintendent of the juvenile correctional facility or secured residential care center for children and youth, stating the nature and basis of the belief and verifying the consent. In the case of a minor age 14 or older who is in need of services for developmental disability or who is in need of psychiatric services, the minor and the minor's parent or guardian shall consent unless the minor is admitted under s. 51.13 (1) (c) 1. or unless the minor refuses to consent, in which case the minor's parent or guardian may consent on behalf of the minor. In the case of a minor age 14 or older who is in need of services for alcoholism or drug dependency or a minor under the age of 14 who is in need of services for developmental disability, alcoholism, or drug dependency or in need of psychiatric services, only the minor's parent or guardian needs to consent unless the minor is admitted under s. 51.13 (1) (c). The superintendent shall inform, orally and in writing, the minor and the minor's parent or guardian, that transfer is being considered and shall inform them of the basis for the request and their rights as provided in s. 51.13 (3) (am). If the department of corrections, upon review of a request for transfer, determines that transfer is appropriate, that department shall immediately notify the department of health and family services and, if the department of health and family services consents, the department of corrections may immediately transfer the individual. The department of health and family services shall file a petition under s. 51.13 (4) (a) in the court assigned to exercise jurisdiction under chs. 48 and 938 of the county where the treatment facility is located.
Note:
There is no conflict of substance. As merged by the revisor, s. 51.35 (3) (g) reads:
(g) A minor 14 years of age or older who is transferred to a treatment facility under par. (a) for the purpose of receiving services for developmental disability or psychiatric services and the minor's parent or guardian may request in writing a return to the juvenile correctional facility or secured residential care center for children and youth, except that, if the minor refuses to make the request, the parent or guardian may make the request on behalf of the minor. In the case of a minor 14 years of age or older who is transferred to a treatment facility under par. (a) for the purpose of receiving services for alcoholism or drug dependency or a minor under 14 years of age who is transferred to a treatment facility under par. (a) for the purpose of receiving services for developmental disability, alcoholism, or drug dependency, or psychiatric services, the parent or guardian may make the request. Upon receipt of a request for return from a minor 14 years of age or older, the director shall immediately notify the minor's parent or guardian, if available. A minor 14 years of age or older who requests and whose parent or guardian requests and a minor who was admitted under s. 51.13 (1) (c) who requests discharge in writing shall be returned to the juvenile correctional facility or secured residential care center for children and youth within 48 hours after submission of the request unless a statement is filed for emergency detention or a petition is filed for emergency commitment, involuntary commitment, or protective placement.
Section
51
.
51.437 (4m) (i) of the statutes is amended to read:
51.437
(4m)
(i) Annually report to the department of health and family services regarding the use of any contract entered into under s. 51.87
.
Note:
Inserts missing period. The change is shown in the printed volumes.
54.12
(1)
Small estates.
(intro.) If a minor or an individual found incompetent, except for his or her incapacity, is entitled to possess assets valued at the amount specified in s. 867.03 (1g) or less, any court in which an action or proceeding involving the assets is pending may, without requiring the appointment of a guardian, order that the register
i
in
probate do one of the following:
Note:
Corrects spelling. The change is shown in the printed volumes.
Note:
There is no conflict of substance. As merged by the revisor, s. 54.25 (2) (c) 1. g., as renumbered from s. 880.33 (9) by
2005 Wis. Act 387
, reads:
g. The right to register to vote or to vote in an election, if the court finds that the individual is incapable of understanding the objective of the elective process. Also, in accordance with s. 6.03 (3), any elector of a municipality may petition the circuit court for a determination that an individual residing in the municipality is incapable of understanding the objective of the elective process and thereby ineligible to register to vote or to vote in an election. This determination shall be made by the court in accordance with the procedures specified in this paragraph. If a petition is filed under this subd. 1. g., the finding of the court shall be limited to a determination as to voting eligibility. The appointment of a guardian is not required for an individual whose sole limitation is ineligibility to vote. The determination of the court shall be communicated in writing by the clerk of court to the election official or agency charged under s. 6.48, 6.92, 6.925, 6.93, or 7.52 (5) with the responsibility for determining challenges to registration and voting that may be directed against that elector. The determination may be reviewed as provided in s. 54.64 (2) and any subsequent determination of the court shall be likewise communicated by the clerk of court.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b). A provision numbered s. 55.01 (4g) previously existed.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 264
also created a provision numbered s. 55.01 (6).
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b). Maintains alphabetical order for definitions.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b). Renumbers provision to maintain alphabetical order of definitions.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 264
also created a provision numbered s. 55.01 (6t).
Section
59
.
55.06 (3) (d) of the statutes, as created by
2005 Wisconsin Act 387
, is renumbered 55.075 (5) (bm).
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 264
renumbered s. 55.06 (3) (c) to s. 55.075 (5) (a).
Section
60
.
66.0216 (1) (a) (intro.) of the statutes, as created by
2005 Wisconsin Act 25
, is renumbered 66.0216 (1) (intro.).
Note:
Confirms renumbering by the Revisor under s. 13.93 (1) (b). This provision is introductory to paragraphs (b) to (h) and should have been created as a subsection (intro.) provision.
66.0617
(9)
(a) Subject to par. (b), an ordinance enacted under this section shall specify that impact fees that are imposed and collected by a municipality but are not used within 7 years after they are collected to pay the capital costs for which they were imposed shall be refunded to the current owner of the property with respect to which the impact fees were imposed, along with any interest that has accumulated,
in
as
described in sub. (8). The ordinance shall specify, by type of public facility, reasonable time periods within which impact fees must be spent or refunded under this subsection, subject to the 7-year limit in this paragraph and the extended time period specified in par. (b). In determining the length of the time periods under the ordinance, a municipality shall consider what are appropriate planning and financing periods for the particular types of public facilities for which the impact fees are imposed.
Note:
Inserts correct word.
66.0617
(9)
(b) The 7-year time limit for using impact fees that is specified under par. (a) may be extended for 3 years if the
political subdivision
municipality
adopts a resolution stating that, due to extenuating circumstances or hardship in meeting the 7-year limit, it needs an additional 3 years to use the impact fees that were collected. The resolution shall specify the extenuating circumstances or hardship that led to the need to adopt a resolution under this paragraph.
Note:
2005 Wis. Act 203
created this provision.
2005 Wis. Act 477
changed the term "political subdivision" to "municipality" throughout all of the previously existing s. 66.0617 without taking the creation of sub. (9) (b) into account.
Section
63
.
66.1105 (4) (gm) 4. a. of the statutes is amended to read:
66.1105
(4)
(gm) 4. a. Not less than 50%, by area, of the real property within the district is at least one of the following: a blighted area; in need of rehabilitation or conservation work, as defined in s. 66.1337 (2m)
(b)
(a)
; suitable for industrial sites within the meaning of s. 66.1101 and has been zoned for industrial use; or suitable for mixed-use development; and
Note:
Corrects cross-reference. "Rehabilitation or conservation work" is defined in s. 66.1337 (2m) (a).
Section
64
.
66.1333 (5r) (b) 2. b. of the statutes, as affected by
2005 Wisconsin Act 453
, section
4
, is renumbered 66.1333 (5r) (b) 1. b.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 453
renumbered s. 66.1333 (5r) (b) 2. to s. 66.1333 (5r) (b) 2. b. but renumbered the remainder of s. 66.1333 (5r) (b) 2. to s. 66.1333 (5r) (b) 1. (intro.) and a. It did not renumber or create any other provision as a part of s. 66.1333 (5r) (b) 2.
70.511
(2)
(bm) No later than July 1 of each year, each municipality that pays a refund under par. (b) for property that is assessed under s. 70.995 shall notify the department of administration of the amount of all such refunds paid by the municipality in the previous fiscal year. Annually, no later than the 3rd Monday in November, from the appropriation account under s. 20.835 (2)
(bm)
(br)
, the department of administration shall pay to each municipality that pays a refund under par. (b) for property that is assessed under s. 70.995 an amount that is equal to 20 percent of the interest on such refunds paid by the municipality in the previous fiscal year and that has accrued up to the date of the determination by the tax appeals commission of the municipality's obligation.
Note:
Section 20.835 (2) (bm), as created by
2004 Wisconsin Act 405
, is renumbered 20.835 (2) (br) by this bill.
71.05
(6)
(a) 15. The amount of the credits computed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (3g), (3n), (3s), (3t), (3w), (5b), (5d),
and
(5e), (5f), and (5h) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g).
Note:
Deletes extra "and".
71.07
(2dm)
(a) 1. "Certified" means entitled under s. 560.795 (3) (a) 4. to claim tax benefits or certified under s. 560.795 (5), 560.798 (3), or
560.799
560.7995
(4).
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
71.07
(2dm)
(a) 3. "Development zone" means a development opportunity zone under s. 560.795 (1) (e) and (f) or 560.798, or an airport development zone under s.
560.799
560.7995
.
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
71.07
(2dm)
(f) 1. A copy of a verification from the department of commerce that the claimant may claim tax benefits under s. 560.795 (3) (a) 4. or is certified under s. 560.795 (5), 560.798 (3), or
560.799
560.7995
(4).
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
71.07
(2dm)
(j) If a person who is entitled under s. 560.795 (3) (a) 4. to claim tax benefits becomes ineligible for such tax benefits, or if a person's certification under s. 560.795 (5), 560.798 (3), or
560.799
560.7995
(4) is revoked, that person may claim no credits under this subsection for the taxable year that includes the day on which the person becomes ineligible for tax benefits, the taxable year that includes the day on which the certification is revoked, or succeeding taxable years, and that person may carry over no unused credits from previous years to offset tax under this chapter for the taxable year that includes the day on which the person becomes ineligible for tax benefits, the taxable year that includes the day on which the certification is revoked, or succeeding taxable years.
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
71.07
(2dm)
(k) If a person who is entitled under s. 560.795 (3) (a) 4. to claim tax benefits or certified under s. 560.795 (5), 560.798 (3), or
560.799
560.7995
(4) ceases business operations in the development zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable year during which operations cease or from previous taxable years.
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
71.07
(2dx)
(a) 2. "Development zone" means a development zone under s. 560.70, a development opportunity zone under s. 560.795, an enterprise development zone under s. 560.797, an agricultural development zone under s. 560.798, or an airport development zone under s.
560.799
560.7995
.
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
Section
73
.
71.07 (2dx) (b) (intro.) of the statutes, as affected by
2005 Wisconsin Act 487
, is amended to read:
71.07
(2dx)
(b)
Credit.
(intro.) Except as provided in pars. (be) and (bg) and in s. 73.03 (35), and subject to s. 560.785, for any taxable year for which the person is entitled under s. 560.795 (3) to claim tax benefits or certified under s. 560.765 (3), 560.797 (4), 560.798 (3), or
560.799
560.7995
(4), any person may claim as a credit against the taxes otherwise due under this chapter the following amounts:
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
71.07
(2dx)
(c)
Credit precluded.
If the certification of a person for tax benefits under s. 560.765 (3), 560.797 (4), 560.798 (3), or
560.799
560.7995
(4) is revoked, or if the person becomes ineligible for tax benefits under s. 560.795 (3), that person may not claim credits under this subsection for the taxable year that includes the day on which the certification is revoked; the taxable year that includes the day on which the person becomes ineligible for tax benefits; or succeeding taxable years and that person may not carry over unused credits from previous years to offset tax under this chapter for the taxable year that includes the day on which certification is revoked; the taxable year that includes the day on which the person becomes ineligible for tax benefits; or succeeding taxable years.
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
71.07
(2dx)
(d)
Carry-over precluded.
If a person who is entitled under s. 560.795 (3) to claim tax benefits or certified under s. 560.765 (3), 560.797 (4), 560.798 (3), or
560.799
560.7995
(4) for tax benefits ceases business operations in the development zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable year during which operations cease or from previous taxable years.
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
Note:
There is no conflict of substance. As merged by the revisor, s. 71.10 (4) (i) reads:
(i) The total of claim of right credit under s. 71.07 (1), farmland preservation credit under subch. IX, homestead credit under subch. VIII, farmland tax relief credit under s. 71.07 (3m), farmers' drought property tax credit under s. 71.07 (2fd), film production services credit under s. 71.07 (5f) (b) 2., veterans and surviving spouses property tax credit under s. 71.07 (6e), enterprise zone jobs credit under s. 71.07 (3w), earned income tax credit under s. 71.07 (9e), estimated tax payments under s. 71.09, and taxes withheld under subch. X.
Note:
There is no conflict of substance. As merged by the revisor, s. 71.21 (4) reads:
(4)
Credits computed by a partnership under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2ds), (2dx), (3g), (3n), (3s), (3t), (3w), (5b), (5e), (5f), (5g), and (5h) and passed through to partners shall be added to the partnership's income.
Note:
There is no conflict of substance. As merged by the revisor, s. 71.26 (2) (a) reads:
(a)
Corporations in general.
The "net income" of a corporation means the gross income as computed under the Internal Revenue Code as modified under sub. (3) minus the amount of recapture under s. 71.28 (1di) plus the amount of credit computed under s. 71.28 (1), (3), (4), and (5) minus, as provided under s. 71.28 (3) (c) 7., the amount of the credit under s. 71.28 (3) that the taxpayer added to income under this paragraph at the time that the taxpayer first claimed the credit plus the amount of the credit computed under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (3g), (3n), (3t), (3w), (5b), (5e), (5f), (5g), and (5h) 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 (1) (g) plus the amount of losses from the sale or other disposition of assets the gain from which would be wholly exempt income, as defined in sub. (3) (L), if the assets were sold or otherwise disposed of at a gain and minus deductions, as computed under the Internal Revenue Code as modified under sub. (3), plus or minus, as appropriate, an amount equal to the difference between the federal basis and Wisconsin basis of any asset sold, exchanged, abandoned, or otherwise disposed of in a taxable transaction during the taxable year, except as provided in par. (b) and s. 71.45 (2) and (5).
71.28
(1dm)
(a) 1. "Certified" means entitled under s. 560.795 (3) (a) 4. to claim tax benefits or certified under s. 560.795 (5), 560.798 (3), or
560.799
560.7995
(4).
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
71.28
(1dm)
(a) 3. "Development zone" means a development opportunity zone under s. 560.795 (1) (e) and (f) or 560.798, or an airport development zone under s.
560.799
560.7995
.
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
71.28
(1dm)
(f) 1. A copy of a verification from the department of commerce that the claimant may claim tax benefits under s. 560.795 (3) (a) 4. or is certified under s. 560.795 (5), 560.798 (3), or
560.799
560.7995
(4).
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
71.28
(1dm)
(j) If a person who is entitled under s. 560.795 (3) (a) 4. to claim tax benefits becomes ineligible for such tax benefits, or if a person's certification under s. 560.795 (5), 560.798 (3), or
560.799
560.7995
(4) is revoked, that person may claim no credits under this subsection for the taxable year that includes the day on which the person becomes ineligible for tax benefits, the taxable year that includes the day on which the certification is revoked, or succeeding taxable years, and that person may carry over no unused credits from previous years to offset tax under this chapter for the taxable year that includes the day on which the person becomes ineligible for tax benefits, the taxable year that includes the day on which the certification is revoked, or succeeding taxable years.
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
71.28
(1dm)
(k) If a person who is entitled under s. 560.795 (3) (a) 4. to claim tax benefits or certified under s. 560.795 (5), 560.798 (3), or
560.799
560.7995
(4) ceases business operations in the development zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable year during which operations cease or from previous taxable years.
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
71.28
(1dx)
(a) 2. "Development zone" means a development zone under s. 560.70, a development opportunity zone under s. 560.795, an enterprise development zone under s. 560.797, an agricultural development zone under s. 560.798, or an airport development zone under s.
560.799
560.7995
.
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
Section
85
.
71.28 (1dx) (b) (intro.) of the statutes, as affected by
2005 Wisconsin Act 487
, is amended to read:
71.28
(1dx)
(b)
Credit.
(intro.) Except as provided in pars. (be) and (bg) and in s. 73.03 (35), and subject to s. 560.785, for any taxable year for which the person is entitled under s. 560.795 (3) to claim tax benefits or certified under s. 560.765 (3), 560.797 (4), 560.798 (3), or
560.799
560.7995
(4), any person may claim as a credit against the taxes otherwise due under this chapter the following amounts:
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
71.28
(1dx)
(c)
Credit precluded.
If the certification of a person for tax benefits under s. 560.765 (3), 560.797 (4), 560.798 (3), or
560.799
560.7995
(4) is revoked, or if the person becomes ineligible for tax benefits under s. 560.795 (3), that person may not claim credits under this subsection for the taxable year that includes the day on which the certification is revoked; the taxable year that includes the day on which the person becomes ineligible for tax benefits; or succeeding taxable years and that person may not carry over unused credits from previous years to offset tax under this chapter for the taxable year that includes the day on which certification is revoked; the taxable year that includes the day on which the person becomes ineligible for tax benefits; or succeeding taxable years.
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
71.28
(1dx)
(d)
Carry-over precluded.
If a person who is entitled under s. 560.795 (3) to claim tax benefits or certified under s. 560.765 (3), 560.797 (4), 560.798 (3), or
560.799
560.7995
(4) for tax benefits ceases business operations in the development zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable year during which operations cease or from previous taxable years.
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
Note:
There is no conflict of substance. As merged by the revisor, s. 71.28 (4) (ad) 1., as renumbered from s. 71.28 (4) (a) by
2005 Wis. Act 452
, reads:
1. Except as provided in subds. 2. and 3., any corporation may credit against taxes otherwise due under this chapter an amount equal to 5 percent of the amount obtained by subtracting from the corporation's qualified research expenses, as defined in section
41
of the Internal Revenue Code, except that "qualified research expenses" includes only expenses incurred by the claimant, incurred for research conducted in this state for the taxable year, except that a taxpayer may elect the alternative computation under section
41
(c) (4) of the Internal Revenue Code and that election applies until the department permits its revocation, except as provided in par. (af), and except that "qualified research expenses" does not include compensation used in computing the credit under subs. (1dj) and (1dx), the corporation's base amount, as defined in section
41
(c) of the Internal Revenue Code, except that gross receipts used in calculating the base amount means gross receipts from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2., (d), (df), and (dh). Section
41
(h) of the Internal Revenue Code does not apply to the credit under this paragraph.
Note:
There is no conflict of substance. As merged by the revisor, s. 71.28 (4) (am) 1. reads:
1. In addition to the credit under par. (ad), any corporation may credit against taxes otherwise due under this chapter an amount equal to 5 percent of the amount obtained by subtracting from the corporation's qualified research expenses, as defined in section
41
of the Internal Revenue Code, except that "qualified research expenses" include only expenses incurred by the claimant in a development zone under subch. VI of ch. 560, except that a taxpayer may elect the alternative computation under section
41
(c) (4) of the Internal Revenue Code and that election applies until the department permits its revocation and except that "qualified research expenses" do not include compensation used in computing the credit under sub. (1dj) nor research expenses incurred before the claimant is certified for tax benefits under s. 560.765 (3), the corporation's base amount, as defined in section
41
(c) of the Internal Revenue Code, in a development zone, except that gross receipts used in calculating the base amount means gross receipts from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2., (d), (df), and (dh) and research expenses used in calculating the base amount include research expenses incurred before the claimant is certified for tax benefits under s. 560.765 (3), in a development zone, if the claimant submits with the claimant's return a copy of the claimant's certification for tax benefits under s. 560.765 (3) and a statement from the department of commerce verifying the claimant's qualified research expenses for research conducted exclusively in a development zone. The rules under s. 73.03 (35) apply to the credit under this subdivision. The rules under sub. (1di) (f) and (g) as they apply to the credit under that subsection apply to claims under this subdivision. Section
41
(h) of the Internal Revenue Code does not apply to the credit under this subdivision.
Note:
There is no conflict of substance. As merged by the revisor, s. 71.34 (1) (g) reads:
(g) An addition shall be made for credits computed by a tax-option corporation under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (3), (3g), (3n), (3t), (3w), (5b), (5e), (5f), (5g), and (5h) and passed through to shareholders.
Note:
There is no conflict of substance. As merged by the revisor, 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 (1dx), (3n), (3w), (5b), (5e), (5f), (5g), and (5h) 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 (1) (g) and the amount of credit computed under s. 71.47 (1), (3), (3t), (4), and (5).
71.47
(1dm)
(a) 1. "Certified" means entitled under s. 560.795 (3) (a) 4. to claim tax benefits or certified under s. 560.795 (5), 560.798 (3), or
560.799
560.7995
(4).
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
71.47
(1dm)
(a) 3. "Development zone" means a development opportunity zone under s. 560.795 (1) (e) and (f) or 560.798, or an airport development zone under s.
560.799
560.7995
.
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
71.47
(1dm)
(f) 1. A copy of a verification from the department of commerce that the claimant may claim tax benefits under s. 560.795 (3) (a) 4. or is certified under s. 560.795 (5), 560.798 (3), or
560.799
560.7995
(4).
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
71.47
(1dm)
(j) If a person who is entitled under s. 560.795 (3) (a) 4. to claim tax benefits becomes ineligible for such tax benefits, or if a person's certification under s. 560.795 (5), 560.798 (3), or
560.799
560.7995
(4) is revoked, that person may claim no credits under this subsection for the taxable year that includes the day on which the person becomes ineligible for tax benefits, the taxable year that includes the day on which the certification is revoked, or succeeding taxable years, and that person may carry over no unused credits from previous years to offset tax under this chapter for the taxable year that includes the day on which the person becomes ineligible for tax benefits, the taxable year that includes the day on which the certification is revoked, or succeeding taxable years.
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
71.47
(1dm)
(k) If a person who is entitled under s. 560.795 (3) (a) 4. to claim tax benefits or certified under s. 560.795 (5), 560.798 (3), or
560.799
560.7995
(4) ceases business operations in the development zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable year during which operations cease or from previous taxable years.
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
71.47
(1dx)
(a) 2. "Development zone" means a development zone under s. 560.70, a development opportunity zone under s. 560.795 or an enterprise development zone under s. 560.797, an agricultural development zone under s. 560.798, or an airport development zone under s.
560.799
560.7995
.
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
Section
98
.
71.47 (1dx) (b) (intro.) of the statutes, as affected by
2005 Wisconsin Act 487
, is amended to read:
71.47
(1dx)
(b)
Credit.
(intro.) Except as provided in pars. (be) and (bg) and in s. 73.03 (35), and subject to s. 560.785, for any taxable year for which the person is entitled under s. 560.795 (3) to claim tax benefits or certified under s. 560.765 (3), 560.797 (4), 560.798 (3), or
560.799
560.7995
(4), any person may claim as a credit against the taxes otherwise due under this chapter the following amounts:
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
71.47
(1dx)
(c)
Credit precluded.
If the certification of a person for tax benefits under s. 560.765 (3), 560.797 (4), 560.798 (3), or
560.799
560.7995
(4) is revoked, or if the person becomes ineligible for tax benefits under s. 560.795 (3), that person may not claim credits under this subsection for the taxable year that includes the day on which the certification is revoked; the taxable year that includes the day on which the person becomes ineligible for tax benefits; or succeeding taxable years and that person may not carry over unused credits from previous years to offset tax under this chapter for the taxable year that includes the day on which certification is revoked; the taxable year that includes the day on which the person becomes ineligible for tax benefits; or succeeding taxable years.
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
71.47
(1dx)
(d)
Carry-over precluded.
If a person who is entitled under s. 560.795 (3) to claim tax benefits or certified under s. 560.765 (3), 560.797 (4), 560.798 (3), or
560.799
560.7995
(4) for tax benefits ceases business operations in the development zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable year during which operations cease or from previous taxable years.
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
Note:
There is no conflict of substance. As merged by the revisor, s. 71.47 (4) (ad) 1., as renumbered from 71.47 (4) (a) by
2005 Wis. Act 452
, reads:
1. Except as provided in subds. 2. and 3., any corporation may credit against taxes otherwise due under this chapter an amount equal to 5 percent of the amount obtained by subtracting from the corporation's qualified research expenses, as defined in section
41
of the Internal Revenue Code, except that "qualified research expenses" includes only expenses incurred by the claimant, incurred for research conducted in this state for the taxable year, except that a taxpayer may elect the alternative computation under section
41
(c) (4) of the Internal Revenue Code and that election applies until the department permits its revocation, except as provided in par. (af), and except that "qualified research expenses" does not include compensation used in computing the credit under subs. (1dj) and (1dx), the corporation's base amount, as defined in section
41
(c) of the Internal Revenue Code, except that gross receipts used in calculating the base amount means gross receipts from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2., (d), (df), and (dh). Section
41
(h) of the Internal Revenue Code does not apply to the credit under this paragraph.
Note:
There is no conflict of substance. As merged by the revisor, s. 71.47 (4) (am) reads:
(am)
Development zone additional research credit.
In addition to the credit under par. (ad), any corporation may credit against taxes otherwise due under this chapter an amount equal to 5 percent of the amount obtained by subtracting from the corporation's qualified research expenses, as defined in section
41
of the Internal Revenue Code, except that "qualified research expenses" include only expenses incurred by the claimant in a development zone under subch. VI of ch. 560, except that a taxpayer may elect the alternative computation under section
41
(c) (4) of the Internal Revenue Code and that election applies until the department permits its revocation and except that "qualified research expenses" do not include compensation used in computing the credit under sub. (1dj) nor research expenses incurred before the claimant is certified for tax benefits under s. 560.765 (3), the corporation's base amount, as defined in section
41
(c) of the Internal Revenue Code, in a development zone, except that gross receipts used in calculating the base amount means gross receipts from sales attributable to Wisconsin under s. 71.25 (9) (b) 1. and 2., (d), (df), and (dh) and research expenses used in calculating the base amount include research expenses incurred before the claimant is certified for tax benefits under s. 560.765 (3), in a development zone, if the claimant submits with the claimant's return a copy of the claimant's certification for tax benefits under s. 560.765 (3) and a statement from the department of commerce verifying the claimant's qualified research expenses for research conducted exclusively in a development zone. The rules under s. 73.03 (35) apply to the credit under this paragraph. The rules under sub. (1di) (f) and (g) as they apply to the credit under that subsection apply to claims under this paragraph. Section
41
(h) of the Internal Revenue Code does not apply to the credit under this paragraph. No credit may be claimed under this paragraph for taxable years that begin on January 1, 1998, or thereafter. Credits under this paragraph for taxable years that begin before January 1, 1998, may be carried forward to taxable years that begin on January 1, 1998, or thereafter.
Note:
There is no conflict of substance. As merged by the revisor, s. 71.935 (1) (a) reads:
(a) "Debt" means a parking citation of at least $20 that is unpaid and for which there has been no court appearance by the date specified in the citation or, if no date is specified, that is unpaid for at least 28 days; an unpaid fine, fee, restitution or forfeiture of at least $20; and any other debt that is at least $20, including debt related to property taxes, if the debt has been reduced to a judgment or the municipality or county to which the debt is owed has provided the debtor reasonable notice and an opportunity to be heard with regard to the debt.
Note:
There is no conflict of substance. As merged by the revisor, s. 77.92 (4) reads:
(4)
"Net business income," with respect to a partnership, means taxable income as calculated under section
703
of the Internal Revenue Code; plus the items of income and gain under section
702
of the Internal Revenue Code, including taxable state and municipal bond interest and excluding nontaxable interest income or dividend income from federal government obligations; minus the items of loss and deduction under section
702
of the Internal Revenue Code, except items that are not deductible under s. 71.21; plus guaranteed payments to partners under section
707
(c) of the Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (3g), (3s), (3n), (3t), (3w), (5b), (5e), (5f), (5g), and (5h); and plus or minus, as appropriate, transitional adjustments, depreciation differences, and basis differences under s. 71.05 (13), (15), (16), (17), and (19); but excluding income, gain, loss, and deductions from farming. "Net business income," with respect to a natural person, estate, or trust, means profit from a trade or business for federal income tax purposes and includes net income derived as an employee as defined in section
3121
(d) (3) of the Internal Revenue Code.
Section
105
.
77.9961 (1) (b) of the statutes is amended to read:
77.9961
(1)
(b) The department may require, before or after the license is issued, that any person who submits an application for a license under par. (a) provide a security deposit to the department. For purposes of this paragraph, s. 77.61 (2), as it applies to a security deposit related to a seller's permit, applies to the
a
security deposit required under this subsection.
Note:
Deletes unnecessary word.
Section
106
.
87.304 (2) (a) 1. of the statutes is amended to read:
87.304
(2)
(a) 1. Issuing variances to floodplain zoning ordinances that will be consistent with 44 CFR
606
60.6
but that will allow repair or rehabilitation of historic properties in floodplains to the maximum extent feasible.
Note:
Inserts missing decimal point. There is no
44 CFR 606
. Variances and exceptions to floodplain management regulations are governed by
44 CFR 60.6
.
101.985
(4)
Criminal background check.
Upon receipt of an application for a license under sub. (1), (2) (a), or (3), the department, with the assistance of the department of justice, shall conduct a background investigation of the applicant to determine if the information provided by the applicant under sub. (7) (a) 10. is true and if
the
applicant has any arrests or convictions tending to indicate that the applicant is not adequately qualified and able to provide services authorized under the license applied for.
Note:
Inserts missing article.
Note:
There is no conflict of substance. As merged by the revisor, s. 111.01 (2) reads:
(2)
Industrial peace, regular and adequate income for the employee, and uninterrupted production of goods and services are promotive of all of these interests. They are largely dependent upon the maintenance of fair, friendly, and mutually satisfactory employment relations and the availability of suitable machinery for the peaceful adjustment of whatever controversies may arise. It is recognized that certain employers, including farmers, farmer cooperatives, and unincorporated farmer cooperative associations, in addition to their general employer problems, face special problems arising from perishable commodities and seasonal production which require adequate consideration. It is also recognized that whatever may be the rights of disputants with respect to each other in any controversy regarding employment relations, they should not be permitted, in the conduct of their controversy, to intrude directly into the primary rights of 3rd parties to earn a livelihood, transact business, and engage in the ordinary affairs of life by any lawful means and free from molestation, interference, restraint, or coercion.
165.25
(4)
(ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182,
100.195,
100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50,
and
100.51
, and 100.195
and chs. 126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.
Note:
Places cross-references in numerical order consistent with current style.
Section
110
.
182.0715 (2r) of the statutes, as created by
2005 Wisconsin Act 425
, is renumbered 182.0175 (2r).
Note:
Corrects transposed numbers. There is no s. 182.0715.
193.471
(2)
(a) 5. In the case of acts or omissions committed in an official capacity, as defined in sub. (1) (a) 1. or 2., the potential litigant reasonably believed that the acts or omissions were in the best interests of the cooperative or predecessor cooperative, as applicable, and, in the case of acts or omissions committed in an official capacity, as defined in sub. (1)
(c)
(a)
3. or 4., the potential litigant reasonably believed that the conduct was not opposed to the best interests of the cooperative or predecessor cooperative, as applicable. If the acts or omissions relate to conduct as a director, officer, trustee, employee, or agent of an employee benefit plan, the conduct is not considered to be opposed to the best interests of the cooperative or predecessor cooperative if the potential litigant reasonably believed that the conduct was in the best interests of the participants or beneficiaries of the employee benefit plan.
Note:
Corrects cross-reference. There is no s. 193.471 (1) (c) 3. or. 4. "Official capacity" is defined in s. 193.471 (1) (a).
218.04
(1)
(a) "Collection agency" means any person engaging in the business of collecting or receiving for payment for others of any account, bill or other indebtedness. It shall not include attorneys at law authorized to practice in this state and resident herein, banks, express companies, state savings banks, state savings and loan associations, insurers and their agents, trust companies
,
district attorneys acting under s. 971.41, persons contracting with district attorneys under s. 971.41 (5),
,
real estate brokers, and real estate salespersons.
Section
113m
.
227.21 (2) (a) of the statutes, as affected by
2007 Wisconsin Act 20
, is amended to read:
227.21
(2)
(a) Except as provided in s. 601.41 (3) (b), to avoid unnecessary expense an agency may, with the consent of
the legislative reference bureau and
the attorney general, adopt standards established by technical societies and organizations of recognized national standing by incorporating the standards in its rules by reference to the specific issue or issues of the publication in which they appear, without reproducing the standards in full.
Note:
Makes provision consistent with s. 227.21 (2) (b), as amended by
2005 Wis. Act 249
. The joint legislative council note to that amendment explains that amendment as follows:
Current law also requires that the agency receive the consent of the revisor of statutes and the attorney general in order to incorporate the standard by reference. This
Section
eliminates the requirement for the agency to receive the consent of the revisor.
234.63
(2)
(b)
The limits in ss. 234.18
(1)
, 234.40, 234.50, 234.60, 234.61, 234.65, and 234.66 do not apply to bonds issued under par. (a).
Note:
Corrects cross-reference consistent with s. 234.66 (3) (b). Section 234.18 is not divided into subsections.
234.63
(3)
(a) The authority may award a loan to a business, including an airport, for the purpose of financing the construction or expansion of an airport in an airport development zone established under s.
560.799
560.7995
, including financing activities to increase the number of flights to and from the airport or to encourage airlines that do not offer flights to and from the airport to offer such flights.
Note:
Section 560.799, as created by
2005 Wis. Act 487
, is renumbered s. 560.7995 by this bill.
253.15
(8)
Identification of shaken or impacted babies.
The department of health and family services shall identify all infants and young children who have shaken baby syndrome or who are impacted babies and all infants and young children who have died as a result of being shaken or thrown by using the statewide automated child welfare information system established under s. 46.03
(7) (g)
(7g)
and child fatality information compiled by the department of justice. For each infant or young child so identified, the department of health and family services shall document the age, sex, and other characteristics of the infant or young child that are relevant to the prevention of shaken baby syndrome and impacted babies and, if known, the age, sex, employment status, and residence of the person who shook or threw the infant or young child, the relationship of that person to the infant or young child, and any other characteristics of that person that are relevant to the prevention of shaken baby syndrome and impacted babies.
Note:
Inserts correct cross-reference. Section 46.03 (7) (g) was renumbered to s. 46.03 (7g) by
2005 Wis. Act 406
.
Section
117
.
255.05 (1) (b) of the statutes is amended to read:
255.05
(1)
(b) "Nonprofit corporation" means a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17).
(b) "Nonprofit corporation" means a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17).
Note:
The text of the provision was printed twice in the 2003-04 published volumes. The correct text is shown in the 2005-06 published volumes.
Section
118
.
281.35 (1) (b) 2. of the statutes is amended to read:
281.35
(1)
(b) 2. If subd. 1. does not apply, the highest average daily water loss over any 30-day period that is reported to the department or the public service commission under sub. (3) (c)
or s. 281.17 (1), 2001 stats.,
or s. 30.18 (6) (c), 196.98, 281.34, or 281.41
or s. 281.17 (1), 2001 stats
.
Note:
Places cross-references in correct order in accordance with current style.
292.15
(7)
(d) A solid waste facility that was licensed under
s. 289.31 or
s. 144.44, 1993 stats.
, or s. 289.31.
Note:
Places cross-references in correct order in accordance with current style.
292.23
(3)
(f) Subsection (2) does not apply to a solid waste facility that was licensed under
s. 289.31 or
s. 144.44, 1993 stats.
, or s. 289.31.
Note:
Places cross-references in correct order in accordance with current style.
Section
121
.
301.03 (3c) of the statutes is amended to read:
301.03
(3c)
If requested by the department of health and family services, contract with that department to supervise and provide services to persons who are conditionally transferred or discharged under s. 51.37 (9), conditionally released under s. 971.17 (3)
,
or placed on supervised release under s. 980.06 (2), 1997 stats., or s. 980.08.
Note:
Inserts a serial comma. The change is shown in the printed volumes.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 431
also created a provision numbered s. 301.03 (20).
Section
123
.
301.45 (2) (a) 4. d. of the statutes is amended to read:
301.45
(2)
(a) 4. d. The date the person was ordered to comply with
s. 301.45
this section
.
Note:
Corrects citation form consistent with current style.
Section
124
.
301.45 (6) (a) 2. a. of the statutes is amended to read:
301.45
(6)
(a) 2. a. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 (1m) (b) 1m., or 973.048 (1m) to comply with the reporting requirements under
s. 301.45
this section
based on a finding that he or she committed or solicited, conspired, or attempted to commit a misdemeanor.
Note:
Corrects citation form consistent with current style.
Section
125
.
301.45 (6) (ag) 2. a. of the statutes is amended to read:
301.45
(6)
(ag) 2. a. The person was ordered under s. 51.20 (13) (ct) 1m., 938.34 (15m) (am), 938.345 (3), 971.17 (1m) (b) 1m., or 973.048 (1m) to comply with the reporting requirements under
s. 301.45
this section
based on a finding that he or she committed or solicited, conspired, or attempted to commit a misdemeanor.
Note:
Corrects citation form consistent with current style.
Section
126
.
301.45 (10) (title) of the statutes is created to read:
301.45
(10)
(title)
Annual fee.
Note:
Section 301.45 (10) was created without a title by
2005 Wis. Act 25
. The other subsections of s. 301.45 have titles.
301.48
(2)
(b) 2. A court discharges the person under
s. 980.10, 2003 stats., or
s. 980.09
or 980.10
. This subdivision does not apply if the person was on supervised release immediately before being discharged.
Note:
Section 980.10 was repealed by
2005 Wis. Act 434
, which changed all existing cross-references to s. 980.10 to s. 980.10, 2003 stats.
301.48
(3)
(c) For each person who is subject to global positioning system tracking under this section, the department shall create individualized exclusion and inclusion zones for the person, if necessary to protect public safety. In creating exclusion zones, the department shall focus on areas where children congregate, with perimeters of 100 to 250 feet, and on areas where the person has been prohibited from going as a condition of probation, extended supervision, parole, conditional release, or supervised release. In creating inclusion zones for a person on supervised release, the department shall consider s. 980.08
(7)
(9)
.
Note:
Section 980.08 (7), as created by
2005 Wis. Act 431
, is renumbered s. 980.08 (9) by this bill.
Section
129
.
343.61 (6) (c) of the statutes, as created by
2005 Wisconsin Act 466
, is renumbered 343.71 (5) (c).
Section
130
.
351.02 (1) (a) 3. of the statutes is amended to read:
351.02
(1)
(a) 3. Driving or operating a motor vehicle in violation of
s. 346.63 (1) or (2) or
s. 346.63 (1m), 1985 stats.
, or s. 346.63 (1) or (2).
Note:
Places cross-references in correct order in accordance with current style.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 361
also created a provision numbered s. 560.799.
Section
132
.
560.85 (3) (a) of the statutes is amended to read:
560.85
(3)
(a) Develop procedures to evaluate applications and monitor project performance for grants awarded for early planning projects under
s. 560.835 (6), 2001 stats., or
s. 560.82
or s. 560.835 (6), 2001 stats
.
Note:
Places cross-references in correct order in accordance with current style.
Section
133
.
609.01 (4) of the statutes is amended to read:
609.01
(4)
"Preferred provider plan" means a health care plan offered by an organization established under ch. 185
, 193
, 611, 613, or 614 or issued a certificate of authority under ch. 618 that makes available to its enrollees, without referral and for consideration other than predetermined periodic fixed payments, coverage of either comprehensive health care services or a limited range of health care services, regardless of whether the health care services are performed by participating or nonparticipating providers.
Note:
2005 Wis. Act 441
, section
107
, provides that "600.03 (37m) of the statutes, as affected by 2005 Wisconsin Act .... (Senate Bill 617), is amended." Senate Bill 617 was vetoed in its entirety. Senate Bill 617 renumbered s. 609.01 (4) to 600.03 (37m) and amended the provision. This bill effectuates the purpose of Act 441, section 107, by amending s. 609.01 (4) to insert the cross-reference inserted by Act 441, section 107 into s. 600.03 (37m).
616.09
(1)
(c) 1. Plans authorized under s. 616.06 are subject to ch. 185 or 193, as applicable, except that ss. 185.03 (5) and (6), 185.05 (1) (c), 185.55, 185.61, 185.62, 185.63, 185.64, 185.71 to 185.76, 185.81,
193.151,
193.215 (2) (a) 2., 193.225, 193.301 (9), 193.801, 193.805, 193.905 to 193.971, and those provisions applicable to cooperatives or unincorporated cooperative associations with stock do not apply.
Note:
There is no s. 193.151.
Section
135
.
632.899 of the statutes is amended to read:
632.899
Medical savings accounts study.
If the federal government enacts legislation providing for a federal income tax exemption for amounts deposited in a medical savings account and for any interest, dividends or other gain that accrues in the account if redeposited in the account, the commissioner shall conduct a study, to be completed within 4 years after the enactment of the federal legislation, of individuals and groups that had coverage under a high cost-share health plan, as defined in s. 632.898 (1) (c), 1995 stats., and that terminated that coverage in order to enroll in a health benefit plan that was not a high cost-share health plan, as defined in s. 632.898 (1) (c), 1995 stats. The commissioner shall submit a report of all findings, conclusions and recommendations to the appropriate standing committees in the manner provided under
section
s.
13.172 (3)
of the statutes
.
Note:
Corrects citation form. The correction has been made in the printed volumes.
Section
136
.
706.11 (4) of the statutes is amended to read:
706.11
(4)
Subsection (1) does not apply to a 2nd mortgage assigned to or executed to the department of veterans affairs under
s. 45.79 (3) (a) 1. or
s. 45.80 (4) (a) 1
.
, 1989 stats.
, or s. 45.37 (3).
Note:
1999 Wis. Act 63
renumbered s. 45.79 (3) (a) 1. to s. 45.79 (3) (a).
2005 Wis. Act 22
repealed and recreated ch. 45, recreating the language of s. 45.79 (3) (a) as s. 45.37 (3). The cross-references are placed in the correct order in accordance with current style.
757.05
(1)
(a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty surcharge under ch. 814 in an amount of
25
26 percent of the fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced in proportion to the suspension.
Note:
2005 Wis. Act 460
replaced "25%" with "26 percent" to make a substantive change and to change the form of how percentages are written consistent with current style.
2005 Wis. Act 445
replaced "25%" with "25 percent" only to change the form of how percentages are written consistent with current style. This amendment clarifies that the substantive change is given effect.
757.48
(1)
(a) Except as provided in s. 879.23 (4), in all matters in which a guardian ad litem is appointed by the court, the guardian ad litem shall be an attorney admitted to practice in this state. In order to be appointed as a guardian ad litem under s. 767.407, an attorney shall have completed 3 hours of approved continuing legal education that relates to the functions and duties of a guardian ad litem under ch. 767 and that includes training on the dynamics of domestic violence and the effects of domestic violence on victims of domestic violence and on children. In order to be appointed as a guardian ad litem under s. 54.40 (1), an attorney shall have complied with
SRC
SCR
chapter 36.
Note:
Corrects citation. The change is shown in the printed volumes.
767.225
(1)
(ap) Upon the request of a party, granting periods of electronic communication to a party in a manner consistent with s.
767.24
767.41
. The court or circuit court commissioner shall make a determination under this paragraph within 30 days after the request for a temporary order regarding periods of electronic communication is filed.
767.225
(1n)
(b) 3. If the court or circuit court commissioner requires one party to cover the child under a health insurance policy or plan under sub. (1) (k), the court or circuit court commissioner shall order the party to provide to the other party a health insurance identification card for the child. Section
767.25 (4m) (bm) 2. and 3.
767.513 (2m) (b) and (c)
applies to a failure to comply with a temporary order under this subdivision.
Section
141
.
767.24 (2) (e) of the statutes, as created by
2005 Wisconsin Act 471
, is renumbered 767.41 (2) (e).
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 443
renumbered the remainder of s. 767.24 to s. 767.41.
Section
142
.
767.24 (5) (c) of the statutes, as created by
2005 Wisconsin Act 471
, is renumbered 767.41 (5) (c).
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 443
renumbered the remainder of s. 767.24 to s. 767.41.
Section
143
.
767.325 (3m) of the statutes, as created by
2005 Wisconsin Act 471
, is renumbered 767.451 (3m) and amended to read:
767.451
(3m)
Reinstatement of former physical placement allocation and schedule.
If a party is a service member, as defined in s.
767.24
767.41
(2) (e) 1., and the court modifies an order of physical placement on the basis that the service member has been or will be called to active duty in the U.S. armed forces, notwithstanding sub. (1) the court shall require in the order that the allocation of periods of physical placement and, if applicable, the physical placement schedule that were in effect before the modification are reinstated immediately upon the service member's discharge or release from active duty.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 443
renumbered the remainder of s. 767.325 to s. 767.451. Corrects a cross-reference.
Section
144
.
767.325 (5m) (c) of the statutes, as created by
2005 Wisconsin Act 471
, is renumbered 767.451 (5m) (c) and amended to read:
767.451
(5m)
(c) In an action to modify a legal custody order, if a party is a service member, as defined in s.
767.24
767.41
(2) (e) 1., the court may not consider as a factor in making a determination whether the service member has been or may be called to active duty in the U.S. armed forces and consequently is, or in the future will be or may be, absent from the service member's home.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b) and corrects cross-reference.
2005 Wis. Act 443
renumbered the remainder of s. 767.325 to s. 767.451 and renumbered s. 767.24 to s. 767.41.
Note:
There is no conflict of substance. As merged by the revisor, s. 767.451 (5m) (a), as renumbered from s. 767.325 (5m) (a) by
2005 Wis. Act 443
, reads:
(a) Subject to pars. (b) and (c), in all actions to modify legal custody or physical placement orders, the court shall consider the factors under s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its determination in a manner consistent with s. 767.41.
767.451
(5m)
(b) In determining the best interest of the child under this section, in addition to the factor under s.
767.24
767.41
(5) (am) 12m., the court shall consider whether a stepparent of the child has a criminal record and whether there is evidence that a stepparent of the child has engaged in abuse, as defined in s. 813.122 (1) (a), of the child or any other child or neglected the child or any other child.
Section
147
.
767.513 (2m) (title) of the statutes is created to read:
767.513
(2m)
(title)
Health insurance identification card.
Note:
All other subsections of s. 767.513 have titles.
2005 Act 443
renumbered 767.25 (4m) to be 767.513 and created titles for all the existing subsections, as renumbered.
2005 Wis. Act 342
created 767.25 (4m) (bm), which as a result of the Act 443 renumbering became 767.513 (2m).
767.513
(2m)
(a) The court shall order a parent who is required to provide health insurance coverage for a child under this
subsection
section
to provide to the other parent a health insurance identification card evidencing the child's health insurance coverage.
(c) If the other parent is unable to obtain a health insurance identification card for the child in the manner provided in
subd. 2.
par. (b)
, the intentional failure to comply with the order to provide the card by the parent so ordered constitutes a contempt of court, punishable under ch. 785.
Note:
Amends cross-references to reflect the renumbering of the provision by
2005 Wis. Act 443
.
767.57
(1e)
(a) For receiving and disbursing maintenance, child support, or family support payments, including payments in arrears, and for maintaining the records required under
par.
sub. (1)
(c), the department or its designee shall collect an annual fee of $35. The court shall order each party ordered to make payments to pay the fee in each year for which payments are ordered or in which an arrearage in any of those payments is owed. In directing the manner of payment, the court shall order that the fee be withheld from income and sent to the department or its designee, as provided under s. 767.75. Fees under this paragraph shall be deposited in the appropriation account under s. 20.445 (3) (ja). At the time of ordering payment of the fee, the court shall notify each party ordered to make payments of the requirement to pay, and the amount of, the fee. If the fee under this paragraph is not paid when due, the department or its designee may not deduct the fee from any maintenance, child or family support, or arrearage payment, but may move the court for a remedial sanction under ch. 785.
Note:
Corrects cross-reference.
767.57
(3)
(a) If maintenance or support, or both, are ordered to be paid for the benefit of any individual who is committed by court order to an institution, who is in confinement
,
or whose legal custody is vested by court order under ch. 48 or 938 in an agency, department, relative, or other entity, the court may order that the maintenance or support be paid to the relative, agency, institution, welfare department, or other entity having legal or actual custody of the individual, and that it be used for the person's care and maintenance, without the appointment of a guardian in this state.
Section
151
.
779.50 (4) (g) of the statutes is amended to read:
779.50
(4)
(g) For collecting and paying over all sums upon the sale,
5%
5 percent
of the sums collected or $10
dollars
, whichever is less.
Note:
Deletes unnecessary word and inserts "percent" consistent with current style.
813.123
(2)
(b) The court may go forward with a petition filed under sub. (6) if the individual at risk has been adjudicated incompetent under ch. 880
, 2003 stats., or ch. 54
, notwithstanding an objection by an individual at risk who is the subject of the petition, or an objection by the guardian of the individual at risk.
Note:
Inserts correct cross-reference.
2005 Wis. Act 387
renumbered ch. 880 to ch. 54.
814.04
Items of costs.
(intro.) Except as provided in ss. 93.20, 100.195 (5m) (b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 281.36 (2) (b) 1., 767.553 (4) (d), 769.313,
814.025
, 802.05,
814.245
, 895.035 (4),
895.506,
895.443 (3), 895.444 (2), 895.445 (3), 895.446 (3),
895.506,
943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3), when allowed costs shall be as follows:
Note:
2005 Wis. Act 155
inserted "814.025" without showing it as underscored and deleted "814.245" without showing it as stricken. No change was intended. "895.506" is placed in numerical order.
2005 Wis. Act 458
inserted the cross-reference to s. 100.195 (5m) (b) but incorrectly showed all of the cross-references following s. 100.195 (5m) (b) as underscored.
Note:
There is no conflict of substance. As merged by the revisor, s. 814.65 (1) reads:
(1)
Court costs.
In a municipal court action, except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of an ordinance in conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $28 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons, or the action is tried as a contested matter. Of each fee received by the judge under this subsection, the municipal treasurer shall pay monthly $5 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the municipality.
Section
155
.
880.331 (4) (am) of the statutes, as created by
2005 Wisconsin Act 264
, is renumbered 54.40 (4) (am).
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 387
renumbered s. 880.331 (4) to s. 54.40 (4).
Section
156
.
880.331 (4) (ar) of the statutes, as created by
2005 Wisconsin Act 264
, is renumbered 54.40 (4) (ar).
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 387
renumbered s. 880.331 (4) to s. 54.40 (4).
Section
157
.
880.331 (4) (dm) of the statutes, as created by
2005 Wisconsin Act 264
, is renumbered 54.40 (4) (dm).
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 387
renumbered s. 880.331 (4) to s. 54.40 (4).
Section
158
.
880.331 (4) (dr) of the statutes, as created by
2005 Wisconsin Act 264
, is renumbered 54.40 (4) (h).
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 387
created an identical provision as s. 54.40 (4) (h) and renumbered s. 880.331 (4) to s. 54.40 (4).
Section
159
.
880.331 (4) (ds) of the statutes, as created by
2005 Wisconsin Act 264
, is renumbered 54.40 (4) (ds).
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act 387
renumbered s. 880.331 (4) to s. 54.40 (4).
893.55
(1d)
(c) Based on actuarial studies, documentary evidence, testimony, and the experiences of other states, the legislature concludes there is a dollar figure so low as to deprive the injured victim of reasonable noneconomic damages, and there is a dollar figure at which the cap number is so high that it fails to accomplish the goals of affordable and accessible health care. The legislature concludes that the number chosen is neither too high nor too low to accomplish the goals of affordable and accessible health care, is a reasonable and
rationale
rational
response to the current medical liability situation, and is reasonably and rationally supported by the legislative record.
Note:
Corrects spelling.
895.446
(4)
Any recovery under this section shall be reduced by the amount recovered as restitution under ss. 800.093 and 973.20 and ch. 938 for the same act or as recompense under s.
939.13
969.13
(5) (a) for the same act.
Note:
Inserts correct cross-reference consistent with the remainder of
2005 Wis. Act 447
. There is no s. 939.13 (5) (a).
938.27
(5)
Notice to biological fathers.
Subject to sub. (3) (b), the court shall make reasonable efforts to identify and notify any person who has filed a declaration of paternal interest under s. 48.025, any person who has acknowledged paternity of the child under s.
767.62
767.805
(1), and any person who has been adjudged to be the father of the juvenile in a judicial proceeding unless the person's parental rights have been terminated.
Note:
Corrects cross-reference. Section 767.62 was renumbered s. 767.805 by
2005 Wis. Act 443
.
938.345
(1)
(e) Place any juvenile not found under
ch. 880, 2003 stats., or
ch. 46, 49, 51, 54, or 115
, or ch. 880, 2003 stats.,
to have a developmental disability or a mental illness or to be a child with a disability, as defined in s. 115.76 (5), in a facility that exclusively treats one or more of those categories of juveniles.
Note:
Places cross-references in correct order according to current style.
Section
164
.
940.43 (5) of the statutes is amended to read:
940.43
(5)
Where the act is committed by any person who has suffered any prior conviction for any violation under
s. 943.30, 1979 stats.,
ss. 940.42 to 940.45,
s. 943.30, 1979 stats.,
or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under ss. 940.42 to 940.45.
Note:
Places cross-references in correct order in accordance with current style.
Section
165
.
940.45 (5) of the statutes is amended to read:
940.45
(5)
Where the act is committed by any person who has suffered any prior conviction for any violation under
s. 943.30, 1979 stats.,
ss. 940.42 to 940.45,
s. 943.30, 1979 stats.,
or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under ss. 940.42 to 940.45.
Note:
Places cross-references in correct order in accordance with current style.
Note:
There is no conflict of substance. As merged by the revisor, s. 943.245 (3m) reads:
(3m)
Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under ss. 800.093 and 973.20 or as recompense under s. 969.13 (5) (a) for the same act and by any amount collected in connection with the act and paid to the plaintiff under a deferred prosecution agreement under s. 971.41.
Section
167
.
948.01 (5) (am) of the statutes, as created by
2005 Wisconsin Act 435
, is renumbered 948.01 (5) (a) 2.
Note:
Renumbers provision relating to intentional touching to correspond with s. 948.01 (5) (a) (intro.), relating to intentional touching, consistent with the treatment of s. 940.225 (5) (b) 1. (intro.) and b. by
2005 Wis. Act 435
.
Section
168
.
948.075 (3) of the statutes is amended to read:
948.075
(3)
Proof that the actor did an act, other than use a computerized communication system to communicate with the individual, to effect the actor's intent under sub.
(1)
(1r)
shall be necessary to prove that intent.
Note:
Inserts correct cross-reference.
2005 Wis. Act 433
renumbered s. 948.075 (1) to s. 948.075 (1r).
Section
169
.
971.41 (3) of the statutes, as created by
2005 Wisconsin Act 462
, is repealed and recreated to read:
971.41
(3)
Conditions of program.
A deferred prosecution agreement to which this section applies may require an offender to do any of the following:
(a) Pay money owed for the worthless check or other order issued in violation of s. 943.24 to the district attorney for remittance to the payee of the worthless check or order.
(b) Make other payments for restitution for the offense, including payments to reimburse any person for fees assessed by a financial institution in connection with the person attempting to present the worthless check or other order.
(c) Pay administrative fees assessed under sub. (7).
(d) Pay for and successfully complete a class or counseling regarding financial management.
Note:
Corrects numbering errors in
2005 Wis. Act 462
that resulted in there being two provisions numbered s. 971.41 (3) (b). The second of the two provisions is now numbered s. 971.41 (3) (d). No changes to text are made.
Section
170
.
973.017 (6) (a) of the statutes is amended to read:
973.017
(6)
(a) In this subsection, "person responsible for the welfare
of
the child" includes the child's parent, stepparent, guardian, foster parent, or treatment foster parent; an employee of a public or private residential home, institution, or agency; any other person legally responsible for the child's welfare in a residential setting; or a person employed by one who is legally responsible for the child's welfare to exercise temporary control or care for the child.
Note:
Inserts missing word.
980.01
(1j)
"Incarceration" includes confinement in a
secured
juvenile
correctional facility, as defined in s. 938.02
(15m)
(10p)
, or a secured
child caring institution
residential care center for children and youth
, as defined in s. 938.02 (15g)
, or a secured group home, as defined in s. 938.02 (15p)
, if the person was placed in the facility for being adjudicated delinquent under s. 48.34, 1993 stats., or under s. 938.183 or 938.34 on the basis of a sexually violent offense.
Note:
Corrects cross-references and conforms text to changes in defined terms made by
2005 Wis. Act 344
.
980.02
(1)
(b) 3. The county in which the person is in custody under a sentence, a placement to a
secured
juvenile
correctional facility, as defined in s. 938.02
(15m),
(10p), or
a secured
child caring institution
residential care center for children and youth
, as defined in s. 938.02 (15g)
, or a secured group home, as defined in s. 938.02 (15p)
, or a commitment order.
Note:
Corrects cross-references and conforms text to changes in defined terms made by
2005 Wis. Act 344
.
980.038
(4)
(a) A motion for postcommitment relief by a person committed under s. 980.06 shall be made in the time and manner provided in
ss.
s.
809.30
and 809.40
. An appeal by a person who has been committed under s. 980.06 from a final order under s. 980.06, 980.08, or 980.09 or from an order denying a motion for postcommitment relief or from both shall be taken in the time and manner provided in ss. 808.04 (3)
,
and
809.30
, and 809.40
. If a person is seeking relief from an order of commitment under s. 980.06, the person shall file a motion for postcommitment relief in the trial court prior to an appeal unless the grounds for seeking relief are sufficiency of the evidence or issues previously raised.
Note:
Removes incorrect cross-references. The LRB analysis to 2005 SB 318, which was enacted as
2005 Wis. Act 434
, states as to section 92 of that bill, which creates this provision, "A motion for post-commitment relief by an SVP or an appeal from a final order or from an order denying a motion for post-commitment relief will follow criminal appellate procedure."
Act 434 amended s. 808.04 (3) to add "or 809.30" so that the provision now reads "Except as provided in subs. (4) and (7), an appeal in a criminal case or a case under ch. 48, 51, 55 or, 938, or 980 shall be initiated within the time period specified in s. 809.30."
Section 809.30 relates to appeals in criminal and ch. 48, 51, 55, and 938 cases. Section 809.40 now relates to appeals in termination of parental rights, ch. 799, traffic regulation, municipal ordinance violation, and parental consent to abortion cases, but not criminal cases. Prior to the revision of s. 809.40 by Supreme Court Order 02-01, ss. 809.30 and 809.40 both related to criminal, ch. 48, 51, 55, and 938 cases.
Note:
Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis Act 434
amended s. 980.08 (6m) which resulted in it being divided into three separate subsections, s. 980.08 (6m), (7), (8).
Section
175
.
2005 Wisconsin Act 387
, section
372
is amended by replacing "54.50
(4)
(d)
Cessation of powers.
" with "54.50
(4)
Cessation of powers.
"
Note:
Removes incorrect paragraph designation.
2005 Wis. Act 387
, section
372
, renumbered s. 880.15 (3) to s. 54.40 (4). Former s. 880.15 (3) was not divided into paragraphs.
Section
176
.
2005 Wisconsin Act 441
, section
20
is amended by replacing "
telecommunication service,
gas, light, heat, or power" with "
telecommunications service,
gas, light, heat
,
or power".
Note:
A comma was inserted without underscoring. The change was intended. The stricken "telecommunication" should have been "telecommunications."
Note:
Corrects statute citation in first column of the
2005 Wis. Act 443
cross-reference change table.
Section
178
.
2005 Wisconsin Act 444
, section
46
is amended by replacing "
of the minor,
hold a hearing, and appoint counsel" with "
of the minor,
hold a hearing
,
and appoint counsel".
Note:
A comma was inserted without underscoring. The change was intended.
Section
179
.
2005 Wisconsin Act 451
, section
85m
is amended by replacing "s. 6.86 (1)
or
,
(2)
, or (2m)
" with "s. 6.86 (1)
or
,
(2)
, or (2m)
".
Note:
A comma was inserted without underscoring. The change was intended.
Section
180
.
2005 Wisconsin Act 458
, section
5
is amended by replacing "
100.195 (5m) (b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 281.36 (2) (b) 1., 767.33 (4) (d), 769.313, 814.025, 814.245, 895.035 (4), 895.10 (3), 895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d),
" with "
100.195 (5m) (b),
100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 281.36 (2) (b) 1., 767.33 (4) (d), 769.313, 814.025, 814.245, 895.035 (4), 895.10 (3), 895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d)
,
".
Note:
Preexisting text was underscored.
Section
181
.
Nonstatutory provisions.
(1) The renumbering of section 880.24 (3) (a) and (b) of the statutes by
2005 Wisconsin Act 264
is void.
Note:
2005 Wis. Act 387
renumbered the same provisions. The Act 387 numbering is adopted.
Section
182
.
Effective dates.
This act takes effect on the day after publication, except as follows:
(1)
The treatment of section 101.985 (4) of the statutes takes effect on June 1, 2007, or on the day after publication, whichever is later.
(2)
The treatment of section 301.48 (2) (b) 2. and (3) (c) of the statutes takes effect on July 1, 2007, or on the day after publication, whichever is later.
(3)
The treatment of sections 301.03 (20) and 980.08 (7) of the statutes takes effect on July 1, 2007.
Note: Corrects statute citation in first column of the 2005 Wis. Act 443 cross-reference change table.Section 178 . 2005 Wisconsin Act 444 , section 46 is amended by replacing " of the minor, hold a hearing, and appoint counsel" with " of the minor, hold a hearing , and appoint counsel".Note: A comma was inserted without underscoring. The change was intended.Section 179 . 2005 Wisconsin Act 451 , section 85m is amended by replacing "s. 6.86 (1) or , (2) , or (2m) " with "s. 6.86 (1) or , (2) , or (2m) ".Note: A comma was inserted without underscoring. The change was intended.Section 180 . 2005 Wisconsin Act 458 , section 5 is amended by replacing " 100.195 (5m) (b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 281.36 (2) (b) 1., 767.33 (4) (d), 769.313, 814.025, 814.245, 895.035 (4), 895.10 (3), 895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d), " with " 100.195 (5m) (b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 281.36 (2) (b) 1., 767.33 (4) (d), 769.313, 814.025, 814.245, 895.035 (4), 895.10 (3), 895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d) , ".Note: Preexisting text was underscored.Section 181 . Nonstatutory provisions.(1) The renumbering of section 880.24 (3) (a) and (b) of the statutes by 2005 Wisconsin Act 264 is void.Note: 2005 Wis. Act 387 renumbered the same provisions. The Act 387 numbering is adopted.Section 182 . Effective dates. This act takes effect on the day after publication, except as follows:(1) The treatment of section 101.985 (4) of the statutes takes effect on June 1, 2007, or on the day after publication, whichever is later.(2) The treatment of section 301.48 (2) (b) 2. and (3) (c) of the statutes takes effect on July 1, 2007, or on the day after publication, whichever is later.(3) The treatment of sections 301.03 (20) and 980.08 (7) of the statutes takes effect on July 1, 2007.