2009 WISCONSIN ACT
276
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 (Correction Bill) and the definition of a substantial wall for purposes of prohibiting smoking in enclosed places.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
15.145 (5) (intro.) of the statutes, as created by
2009 Wisconsin Act 28
, is amended to read:
15.145
(5)
Council on offender reentry.
(intro.) There is created a council on offender reentry which is attached to the department of corrections under s. 15.03, which shall have the duties, responsibilities, and powers set forth under s. 301.095. The council shall consist of 22 members, and the appointed members shall serve for 2-year terms and may be appointed for a maximum of 2 consecutive terms. The chairperson of the council shall be the secretary of corrections or the reentry director, as decided by the secretary of corrections. The chairperson may appoint subcommittees and
the council
shall meet no less frequently than 4 times per year at a date and location to be determined by the chairperson. Members of the council shall include the secretary of corrections, or his or her designee; the secretary of workforce development, or his or her designee; the secretary of health services, or his or her designee; the secretary of children and families, or his or her designee; the secretary of commerce, or his or her designee; the secretary of transportation, or his or her designee; the attorney general, or his or her designee; the chairperson of the parole commission, or his or her designee; the state superintendent of
the department of
public instruction; the reentry director as appointed by the secretary of corrections; a current or former judge, as appointed by the director of state courts; an individual who has been previously convicted of, and incarcerated for, a crime in Wisconsin, as appointed by the secretary of corrections; and the following persons, as appointed by the governor:
Note:
Inserts missing text. Drafting records indicate the council is to meet 4 times per year. Corrects the title of the state superintendent of public instruction.
Section
2
.
16.505 (1) (intro.) of the statutes, as affected by
2009 Wisconsin Act 28
, is amended to read:
16.505
(1)
(intro.) Except as provided in subs. (2),
(2e),
(2m), (2n), and (2p), no position, as defined in s. 230.03 (11), regardless of funding source or type, may be created or abolished unless authorized by one of the following:
Note:
There is no s. 16.505 (2e).
Section
3
.
16.52 (intro.) (except 16.52 (title)) of the statutes is repealed.
Note:
The (intro.) provision is applicable to only 4 of the subsections in s. 16.52. Those subsections are amended by the next section of this bill to include the (intro.) language.
Section
4
.
16.52 (1), (2), (3) and (12) of the statutes are amended to read:
16.52
(1)
Keep separate accounts.
Keep
The department shall keep
in its office separate accounts of the revenues and funds of the state, and of all moneys and funds received or held by the state, and also of all encumbrances, expenditures, disbursements and investments thereof, showing the particulars of every encumbrance, expenditure, disbursement and investment.
(2)
Revenue accounts.
Place
The department shall place
revenue estimates on the books of accounts and credit actual receipts against them as of the last day of each quarter. Except as provided in s. 20.002 (2), any receipts applying to a prior fiscal year received between the day after the date for closing of books specified by the secretary under sub. (5) (a) and the next succeeding such date specified by the secretary shall be credited by the secretary to the fiscal year following the year to which the receipts apply. Except in the case of program revenue and continuing appropriations, any refund of a disbursement to a general purpose revenue appropriation, applicable to any prior fiscal year, received between these dates may not be credited to any appropriation but shall be considered as a nonappropriated receipt. General purpose revenue (GPR) earned, as defined in s. 20.001 (4) is not available for expenditure, whether or not applied to the fiscal year in which received.
(3)
Keep appropriation accounts.
Keep
The department shall keep
separate accounts of all appropriations authorizing expenditures from the state treasury, which accounts shall show the amounts appropriated, the amounts allotted, the amounts encumbered, the amounts expended, the allotments unencumbered and the unallotted balance of each appropriation.
(12)
Date for interfund transfers.
Whenever it is provided by law for a transfer of moneys to be made from one fund to another fund and no date is specified for the transfer to be made,
the department shall
determine a date on which the transfer shall be made or provide for partial transfers to be made on different dates, and transfer the moneys in accordance with its determination.
Note:
See the previous section of this bill.
16.52
(7)
Petty cash account.
Petty cash account.
With the approval of the secretary, each agency that is authorized to maintain a contingent fund under s. 20.920 may establish a petty cash account from its contingent fund. The procedure for operation and maintenance of petty cash accounts and the character of expenditures therefrom shall be prescribed by the secretary. In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 233, 234, 237, or 279.
Note:
Removes repeated title.
Note:
There is no conflict of substance. As merged by the legislative reference bureau, s. 20.143 (3) (j) reads:
(j)
Safety and building operations.
The amounts in the schedule for the purposes of chs. 101, 145, and 168 and ss. 167.35, 236.12 (2) (a), 236.13 (1) (d) and (2m), and 236.335, for the purpose of transferring the amounts in the schedule under par. (kg) to the appropriation account under par. (kg), and for the purpose of transferring the amounts in the schedule under par. (km) to the appropriation account under par. (km). All moneys received under ch. 145, ss. 101.136 (6) (b), 101.177 (4) (a) 4., 101.178, 101.19, 101.63 (9), 101.654 (3), 101.73 (12), 101.82 (4), 101.955 (2), 101.973 (7), 167.35 (2) (f), and 236.12 (7), except moneys received under s. 101.9208 (2m), and all moneys transferred under
2005 Wisconsin Act 45
, section
76 (6)
, shall be credited to this appropriation.
20.370
(2)
(bh)
Air management — state permit sources.
The amounts in the schedule for purposes related to stationary sources of air contaminants for which an operation permit is required under s. 285.60 but not under the federal clean air act as specified in s. 285.69 (2m)
(b)
(bm)
. All moneys received from fees imposed under s. 285.69 (2m) shall be credited to this appropriation account.
Note:
2009 Wis. Act 28
numbered 2 provisions as s. 285.69 (2) (b). The provision related to "purposes related to stationary sources of air contaminants for which an operation permit is required under s. 285.60 but not under the federal clean air act" is renumbered to s. 285.69 (2) (bm) by this bill.
20.395
(5)
(cg)
Convenience fees, state funds.
From the general fund, all moneys received from convenience fees authorized under s. 85.14 (1) (a) for the purpose of paying charges assessed against the department under s. 85.14 (1) (b) and charges associated with the acceptance of payment by credit card, debit card,
and
or
other electronic payment mechanism.
Note:
Corrects grammar.
20.435
(8)
(i)
Gifts and grants.
All moneys received
for
from
gifts, grants, bequests, and trust funds that are not appropriated under sub. (1), (2), (4), (5), (6), or (7), to be expended for the purposes for which received.
Note:
Makes language consistent with all other s. 20.435 provisions relating to gifts and grants.
Section
10
.
23.09 (20m) (b) of the statutes is amended to read:
23.09
(20m)
(b) The department shall establish a program to award grants from the appropriation under s. 20.866 (2) (ta) to governmental units and nonprofit conservation organizations to acquire development rights in land for nature-based outdoor recreation. Except as provided
in
s. 23.096 (2m), the grants shall be limited to no more than 50% of the acquisition costs of the development rights.
Note:
Inserts missing word.
Section
11
.
24.14 (2) of the statutes is amended to read:
24.14
(2)
Any person who has purchased from the United States or entered any subject lands prior to the execution of
Unites
United
States patents to this state for the subject lands, may whenever those entries have been canceled by the United States on account of a conflict with the right and title of this state to the subject lands, purchase the subject lands from this state, prior to the date fixed for the public sale of the subject lands, upon making satisfactory proof to the board that the person is the identical person, or the heir, legal representative, or assign of the person, who purchased or entered the subject lands as provided in this subsection, and upon paying to this state for the subject lands the same price at which the purchase or entries were made from the United States. Nothing contained in this chapter impairs the rights acquired by any person who has preempted any subject lands under the laws of this state.
Note:
Corrects spelling.
Section
12
.
29.559 (1) (c) of the statutes is amended to read:
29.559
(1)
(c) Any person, including the department, who issues a wild turkey hunting tag under s. 29.164 (4) (b) or a sturgeon hook and line tag under s. 29.2285 (3) (b) shall collect, in addition to the statutory fee,
and
an
issuing fee for each tag that the person is issued. A person appointed under s. 29.024 (6) (a) 2., 3., or 4. may retain 15 cents for each issuing fee of each tag to compensate for services in issuing the tag.
Note:
Inserts correct word.
Section
13
.
29.971 (11m) (b) of the statutes is amended to read:
29.971
(11m)
(b) Except as provided under par. (a), for the violation of any provision of this chapter
or any
relating to bear hunting, to the activities specified in s. 29.184 (3) (br) 1. to 3. or to the validation of a bear carcass tag or registration of a bear, by a forfeiture of not more than $1,000.
Note:
1997 Wis. Act 248
deleted "department rule promulgated under this chapter" following "or any" rendering "or any" surplusage.
Section
14
.
30.26 (2) (a) 3. of the statutes, as created by
2009 Wisconsin Act 32
, is renumbered 30.26 (2) (a) 3m.
Note:
Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2.
2009 Wis. Act 7
also created a provision numbered s. 30.26 (2) (a) 3.
Section
15
.
30.26 (5) of the statutes, as created by
2009 Wisconsin Act 32
, is renumbered 30.26 (5m), and 30.26 (5m) (a) 1., as renumbered, is amended to read:
30.26
(5m)
(a) 1. The department may authorize the removal of natural obstructions from the portion of the river specified in sub. (2) (a)
3.
3m.
a. if needed for the protection or growth of wild rice.
Note:
Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2.
2009 Wis. Act 7
also created a provision numbered s. 30.26 (5). Changes a cross-reference to reflect the fact that s. 30.26 (2) (a) 3. is renumbered to s. 30.26 (2) (a) 3m. by this bill.
36.60
(8)
(g) 4. Strengthening coordination and maintenance of rural services and
the
delivery system.
Note:
Inserts missing article.
Section
17
.
36.61 (4) (intro.) of the statutes, as affected by
2009 Wisconsin Act 28
, is amended to read:
36.61
(4)
Loan repayment.
(intro.) Principal and interest due on loans, exclusive of any penalties, may be repaid by the
t
board at the following rate:
38.24
(8)
(b) Except as provided in par. (bg), the district board shall grant full remission of the fees charged under sub. (1m) (a) to (c) for 128 credits or 8 semesters, whichever is longer, less the number of credits or semesters for which the person received remission of fees from any other district board under this subsection and from the Board of Regents under s.
38.27
36.27
(3p) and less the amount of any fees paid under
10 USC 2107
(c),
38 USC 3104
(a) (7) (A), or
38 USC 3313
, to any student who is a veteran.
Note:
Corrects cross-reference. There is no s. 38.27 (3p). Remission of fees by the Board of Regents is provided for under s. 36.27 (3p).
46.2898
(7)
Department rule-making.
The department may promulgate rules defining terms, specifying which services constitute home care, establishing the qualification criteria that apply under sub. (1)
(d)
(f)
, and establishing procedures for implementation of this section.
Note:
Corrects cross-reference. There is no s. 46.2898 (1) (d). Section 46.2898 (1) (f) refers to the qualification criteria established in the rules promulgated under this provision.
Section
20
.
46.71 (1) (intro.) of the statutes, as affected by
2009 Wisconsin Act 28
, is amended to read:
46.71
(1)
(intro.) From the appropriation account under s. 20.435 (5) (km),
and
the
department shall, for the development of new drug abuse prevention, treatment and education programs that are culturally specific with respect to American Indians or to supplement like existing programs, allocate a total of not more than $500,000 in each fiscal year to all the elected governing bodies of federally recognized American Indian tribes or bands that submit to the department plans, approved by the department, that do all of the following:
Note:
2009 Wis. Act 28
inserted "and" without scoring and deleted "the" without showing it as stricken. No change was intended.
Section
21
.
49.153 (2) of the statutes is amended to read:
49.153
(2)
Rules.
The department shall promulgate rules that establish procedures for the notice and explanation under sub. (1) and that define "reasonable attempts" for the purpose of sub. (1)
(b)
(am)
and "reasonable time" for the purpose of sub. (1) (c).
Note:
Corrects cross-reference. Section 49.153 (1) (b) was renumbered to s. 49.153 (1) (am) by
2009 Wis. Act 28
.
Section
22
.
49.26 (1) (hr) of the statutes is amended to read:
49.26
(1)
(hr) If an individual subject to the school attendance requirement under par. (ge) is enrolled in a public school, communications between the school district and the department, a county department under s. 46.215, 46.22
,
or 46.23 or a Wisconsin works agency concerning the individual's school attendance may only be made by a school attendance officer, as defined under s. 118.16 (1)
(a)
(b)
.
Note:
Corrects cross-reference. School attendance officer is defined at s. 118.16 (1) (b).
Section
23
.
50.065 (2m) (a) 1. of the statutes is amended to read:
50.065
(2m)
(a) 1. Except as provided in par. (b), disclose to the client or the
clients'
client's
guardian in writing all information obtained under sub. (2) (b) 1. or (bb) regarding any conviction of the caregiver for a crime that is specified by rule under par. (d), and, if the caregiver has demonstrated that he or she has been rehabilitated under sub. (5), notice of that fact.
Note:
Corrects spelling.
Section
24
.
51.14 (7) of the statutes is amended to read:
51.14
(7)
Listing of mental health review officers.
The department shall compile a list that specifies the mental health review officers in each county, post the list on the department's
website
Web site
, and update the list as necessary.
Note:
Corrects spelling.
Section
25
.
51.42 (3) (as) 1g. of the statutes, as created by
2009 Wisconsin Act 28
, is amended to read:
51.42
(3)
(as) 1g. In this paragraph, "county department" means
a
county department of community programs.
Note:
Inserts missing article.
Section
26
.
62.23 (7) (i) (intro.) of the statutes, as affected by
2009 Wisconsin Act 28
, section
1457
, is amended to read:
62.23
(7)
(i)
Community and other living arrangements.
(intro.) For purposes of this section, the location of a community living arrangement for adults, as defined in s. 46.03 (22), a community living arrangement for children, as defined in s. 48.743
55
(1), a foster home, as defined in s. 48.02 (6), a treatment foster home, as defined in s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1) (a) or (b), in any city shall be subject to the following criteria:
Note:
2009 Wis. Act 28
inserted the stricken language without showing it as underscored. No change was intended.
66.0137
(5)
(b) The state or a local governmental unit may provide for the payment of premiums for hospital, surgical and other health and accident insurance and life insurance for employees and officers, their spouses and dependent children, and their domestic
partner
partners
under ch. 770 and dependent children. A local governmental unit may also provide for the payment of premiums for hospital and surgical care for its retired employees. In addition, a local governmental unit may, by ordinance or resolution, elect to offer to all of its employees a health care coverage plan through a program offered by the group insurance board under ch. 40. A local governmental unit that elects to participate under s. 40.51 (7) is subject to the applicable sections of ch. 40 instead of this subsection.
Note:
Replaces the singular with the plural for correct sentence agreement.
66.0903
(1)
(dr) "Minor service
and
or
maintenance work" means a project of public works that is limited to minor crack filling, chip or slurry sealing, or other minor pavement patching, not including overlays, that has a projected life span of no longer than 5 years; the depositing of gravel on an existing gravel road applied solely to maintain the road; road shoulder maintenance; cleaning of drainage or sewer ditches or structures; or any other limited, minor work on public facilities or equipment that is routinely performed to prevent breakdown or deterioration.
Note:
Matches the term contained in a definition to the term actually used in the statute.
66.0904
(1)
(fm) "Minor service
and
or
maintenance work" means a publicly funded private construction project that is limited to minor crack filling, chip or slurry sealing, or other minor pavement patching, not including overlays, that has a projected life span of no longer than 5 years; the depositing of gravel on an existing gravel road applied solely to maintain the road; road shoulder maintenance; cleaning of drainage or sewer ditches or structures; or any other limited, minor work on private facilities or equipment that is routinely performed to prevent breakdown or deterioration.
Note:
Matches the term contained in a definition to the term actually used in the statute.
69.01
(6r)
"Declaration of domestic partnership" means a declaration issued by a county clerk under
s.
770.07 (2).
Note:
Inserts missing "s."
Section
31
.
70.32 (2r) (a) and (b) of the statutes are repealed.
Note:
Eliminates obsolete transition provisions relating to use value assessment as requested by the Department of Revenue.
Section
32
.
70.32 (2r) (c) of the statutes is renumbered 70.32 (2r) and amended to read:
70.32
(2r)
For the assessment as of the January 1 after the valuation method under par. (b) no longer applies and for each assessment thereafter, agricultural
Agricultural
land shall be assessed according to the income that could be generated from its rental for agricultural use.
Note:
Eliminates obsolete transition provision relating to use value assessment as requested by the Department of Revenue.
Section
33
.
71.05 (24) (a) 4. of the statutes, as created by
2009 Wisconsin Act 28
, is amended to read:
71.05
(24)
(a) 4. "Qualified new business venture" means a business certified by the department of commerce under s.
560.208
560.2085
.
Note:
Section 560.208, as created by
2009 Wis. Act 28
, is renumbered to s. 560.2085 by this bill.
Section
34
.
71.07 (8r) (c) 3. of the statutes, as created by
2009 Wisconsin Act 28
, is amended to read:
71.07
(8r)
(c) 3. Along with a claimant's income tax return, a claimant shall submit to the department
a
certificate of eligibility provided under s. 93.53 (5) (b) or (c).
Note:
Inserts missing article.
Section
35
.
71.25 (9) (dj) 1. of the statutes, as created by
2009 Wisconsin Act 2
, is renumbered 71.25 (9) (dj).
Note:
After the repeal of s. 71.25 (9) (dj) 2. by
2009 Wis. Act 28
, s. 71.25 (9) (dj) does not have multiple subdivisions.
Section
36
.
71.25 (9) (dk) 1. of the statutes, as created by
2009 Wisconsin Act 2
, is renumbered 71.25 (9) (dk).
Note:
After the repeal of s. 71.25 (9) (dk) 2. by
2009 Wis. Act 28
, s. 71.25 (9) (dk) does not have multiple subdivisions.
Section
37
.
71.255 (1) (e) of the statutes, as created by
2009 Wisconsin Act 2
, is amended to read:
71.255
(1)
(e)
"
Corporation" means any corporation, as defined in s. 71.22 (1k), wherever located, which if it were doing business in this state would be subject to this chapter. "Corporation" does not include a tax-option corporation.
Note:
Inserts missing quotation mark.
Section
38
.
71.255 (4) (b) 2. of the statutes, as created by
2009 Wisconsin Act 2
, is amended to read:
71.255
(4)
(b) 2. Add any apportionable expense or loss of a distinct business activity conducted within and outside the state wholly by the member, expense or loss from a business conducted wholly by the member entirely within this state, the member's nonbusiness expense or loss, its loss allocated or apportioned in an earlier year required to be taken into account as state source loss during the taxable year, and its net business loss carry-forward
, except as provided in par. (e)
.
Section
39
.
71.27 (7) (b) of the statutes, as created by
2009 Wisconsin Act 28
, is renumbered 71.24 (7) (b).
Note:
Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. Drafting records indicate that the language created as s. 71.27 (7) (b) by
2009 Wis. Act 28
was intended to be created as s. 71.24 (7) (b) following the renumbering of s. 71.24 (7) to s. 71.24 (7) (a). Section 71.27 relates to tax rates. Section 71.24 (7) relates to extensions. Section 71.27 (7) (b) as created by
2009 Wis. Act 28
relates to extensions, not tax rates.
Section
40
.
71.28 (4) (ad) 1., 2. and 3. and (am) 1. of the statutes, as affected by
2009 Wisconsin Act 2
, are amended to read:
71.28
(4)
(ad) 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., (df) 1. and 2., (dh) 1., 2., and 3., (dj)
1.
, and (dk)
1
. Section
41
(h) of the Internal Revenue Code does not apply to the credit under this paragraph.
2. For taxable years beginning after June 30, 2007, any corporation may credit against taxes otherwise due under this chapter an amount equal to 10 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 for research related to designing internal combustion engines for vehicles, including expenses related to designing vehicles that are powered by such engines and improving production processes for such engines and vehicles, 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., (df) 1. and 2., (dh) 1., 2., and 3., (dj)
1.
, and (dk)
1
. Section
41
(h) of the Internal Revenue Code does not apply to the credit under this paragraph.
3. For taxable years beginning after June 30, 2007, any corporation may credit against taxes otherwise due under this chapter an amount equal to 10 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 for research related to the design and manufacturing of energy efficient lighting systems, building automation and control systems, or automotive batteries for use in hybrid-electric vehicles, that reduce the demand for natural gas or electricity or improve the efficiency of its use, 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., (df), 1. and 2., (dh) 1., 2., and 3., (dj)
1.
, and (dk)
1
. Section
41
(h) of the Internal Revenue Code does not apply to the credit under this paragraph.
(am) 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., (df) 1. and 2., (dh) 1., 2., and 3., (dj)
1.
, and (dk)
1.
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:
Section 71.25 (9) (dj) 1. and (dk) 1. are renumbered s. 71.25 (9) (dj) and (dk) by this bill.
Section
41
.
71.47 (4) (ad) 1., 2. and 3. and (am) of the statutes, as affected by
2009 Wisconsin Act 2
, are amended to read:
71.47
(4)
(ad) 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., (df) 1. and 2., (dh) 1., 2., and 3., (dj)
1.
, and (dk)
1
. Section
41
(h) of the Internal Revenue Code does not apply to the credit under this paragraph.
2. For taxable years beginning after June 30, 2007, any corporation may credit against taxes otherwise due under this chapter an amount equal to 10 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 for research related to designing internal combustion engines for vehicles, including expenses related to designing vehicles that are powered by such engines and improving production processes for such engines and vehicles, 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., (df) 1. and 2., (dh) 1., 2., and 3., (dj)
1.
, and (dk)
1
. Section
41
(h) of the Internal Revenue Code does not apply to the credit under this paragraph.
3. For taxable years beginning after June 30, 2007, any corporation may credit against taxes otherwise due under this chapter an amount equal to 10 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 for research related to the design and manufacturing of energy efficient lighting systems, building automation and control systems, or automotive batteries for use in hybrid-electric vehicles, that reduce the demand for natural gas or electricity or improve the efficiency of its use, 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., (df) 1. and 2., (dh) 1., 2., and 3., (dj)
1.
, and (dk)
1
. Section
41
(h) of the Internal Revenue Code does not apply to the credit under this paragraph.
(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., (df) 1. and 2., (dh) 1., 2., and 3., (dj)
1.
, and (dk)
1.
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:
Section 71.25 (9) (dj) 1. and (dk) 1. are renumbered s. 71.25 (9) (dj) and (dk) by this bill.
71.80
(24)
Throwback transition.
For persons subject to tax under this chapter whose sales factor includes sales under s. 71.04 (7) (a) or 71.25 (9) (a),
(df) 3., or (dh) 4.,
the department shall deem timely paid the estimated tax payments attributable to the difference between the person's tax liability for the taxable year and the person's tax liability for the taxable year computed under ch. 71, 2007 stats., for installments that become due during the period beginning on January 1, 2009, and ending on July 1, 2009, provided that such estimated tax payments are paid by the next installment due date that follows in sequence following July 1, 2009. However, if the next installment due date that follows in sequence following July 1, 2009, is less than 45 days after July 1, 2009, such estimated tax payments, in addition to the payment due less than 45 days after July 1, 2009, shall be deemed timely paid if paid by the next subsequent installment due date.
Section
43
.
76.80 (3) of the statutes is amended to read:
76.80
(3)
"Telecommunications services" means the transmission of voice, video, facsimile or data messages, including telegraph messages, except that "telecommunications services" does not include
c
video service, as defined in s. 66.0420 (2) (y), radio, one-way radio paging or transmitting messages incidental to transient occupancy in hotels, as defined in s. 254.61 (3).
Section
44
.
77.51 (1j) of the statutes, as created by
2007 Wisconsin Act 20
, is renumbered 77.51 (1fr).
Note:
Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. Places definitions in alphabetical order.
77.51
(3pm)
"Durable medical equipment" means equipment, including the repair parts and replacement parts for the equipment
,
that is primarily and customarily used for a medical purpose related to a person; that can withstand repeated use; that is not generally useful to a person who is not ill or injured; and that is not placed in or worn on the body. "Durable medical equipment" does not include mobility-enhancing equipment.
Note:
Inserts missing comma.
Section
46
.
77.51 (11m) of the statutes, as affected by
2009 Wisconsin Act 12
, section
18
, is renumbered 77.51 (11b).
Note:
Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2.
2009 Wis. Act 2
created a provision numbered s. 77.51 (11m).
Section
47
.
77.522 (1) (a) 2. c. of the statutes, as created by
2009 Wisconsin Act 2
, is amended to read:
77.522
(1)
(a) 2. c. Aircraft that
is
are
operated by air carriers that are authorized by the federal government or a foreign authority to carry persons or property in interstate or foreign commerce.
Note:
Inserts correct word for subject-verb agreement.
77.53
(18)
This section does not apply to the storage, use or other consumption in this state of household goods or items, property, or goods under s. 77.52 (1) (b), (c), or (d) for personal use or to aircraft, motor vehicles, boats, snowmobiles, mobile homes, manufactured homes, as defined in s. 101.91 (2), recreational vehicles, as defined in s. 340.01 (48r), trailers, semitrailers
,
and all-terrain vehicles, for personal use, purchased by a nondomiciliary of this state outside this state, as determined under s. 77.522, 90 days or more before bringing the goods, items,
goods,
or property into this state in connection with a change of domicile to this state.
Note:
Deletes repeated word.
Section
49
.
77.61 (2) (b) of the statutes, as created by
2009 Wisconsin Act 2
, is amended to read:
77.61
(2)
(b) A certified service provider who has contracted with a seller, and filed an application, to collect and remit sales and use taxes imposed under this subchapter on behalf of the seller shall submit a surety bond to the department to guarantee the payment of sales and use taxes, including any penalty and interest on such payment. The department shall approve the form and contents of a bond submitted under this paragraph and shall determine the amount of such bond. The surety bond shall be submitted to the department within 60 days after the date on which the department notifies the certified service provider that the certified service provider is registered to collect sales and use taxes imposed under this subchapter. If the department determines, with
regards
regard
to any one certified service provider, that no bond is necessary to protect the tax revenues of this state, the secretary of revenue or the secretary's designee may waive the requirements under this paragraph with regard to that certified service provider. Any bond submitted under this paragraph shall remain in force until the secretary of revenue or the secretary's designee releases the liability under the bond.
Note:
Inserts correct word form.
84.013
(2)
(a) Subject to ss. 84.555 and 86.255, major highway projects shall be funded from the appropriations under ss. 20.395 (3) (bq) to (bx) and
(t)
(ct)
and (4) (jq) and 20.866 (2) (ur) to (uum) and (uus).
Note:
Corrects cross-reference. Drafting records for
2009 Wis. Act 28
indicate the "c" was inadvertently dropped. There is no s. 20.395 (3) (t).
Section
51
.
91.86 (3) (a) (intro.) of the statutes, as affected by
2009 Wisconsin Act 28
, is amended to read:
91.86
(3)
(a) (intro.) The department may not approve a petition requesting that it designate an area as an agricultural
enterprising
enterprise
area unless the petition contains all of the following:
Note:
Inserts correct term consistent with the remainder of s. 91.86.
Section
52
.
92.04 (2) (c) of the statutes is repealed.
Note:
The repeal of s. 92.105 by
2009 Wis. Act 28
rendered this provision without effect. Section 92.04 (2) (c) reads as follows:
92.04
(2)
(c)
Review and approve soil and water conservation standards.
The board shall review soil and water conservation standards prepared under s. 92.105. The board shall establish guidelines for the approval of these standards.
Section
52m
.
101.123 (1) (id) of the statutes is amended to read:
101.123
(1)
(id) "Substantial wall" means a wall with
no opening or with
an opening that
may be used to
either does not
allow air in from the outside
that
or
is less than 25 percent of the wall's surface area.
Section
53
.
101.123 (2) (a) 9. of the statutes, as affected by
2009 Wisconsin Act 12
, is amended to read:
101.123
(2)
(a) 9. All enclosed places, other than those listed in subds.
1.
1g.
to 8r., that are places of employment or that are public places.
Note:
Corrects cross-reference. Section 101.123 (2) (a) 1. was repealed by
2009 Wis. Act 12
.
Section
54
.
101.65 (1m) of the statutes is amended to read:
101.65
(1m)
May not issue a building permit to a person who is required to be certified under s. 101.654 unless that person, on applying for a building permit, produces a certificate
of financial responsibility
issued by the department
or other evidence satisfactory to the department
showing that the person is in compliance with s. 101.654.
Note:
The stricken text was deleted and the underscored text was inserted by
2005 Wis. Act 200
, but the change was erroneously not included in the 2007-08 statutes.
Section
55
.
101.654 (1) (a) of the statutes is amended to read:
101.654
(1)
(a) Subject to par. (b), no person may obtain a building permit unless the person annually obtains from the department a certificate of financial responsibility showing that the person is in compliance with sub. (2)
, completes the continuing education requirements described under sub. (1m), and furnishes to the issuer of the permit proof of completion of those continuing education requirements
.
Note:
The underscored text was inserted by
2005 Wis. Act 200
, but the change was erroneously not included in the 2007-08 statutes.
103.49
(1)
(bj) "Minor service
and
or
maintenance work" means a project of public works that is limited to minor crack filling, chip or slurry sealing, or other minor pavement patching, not including overlays, that has a projected life span of no longer than 5 years cleaning of drainage or sewer ditches or structures; or any other limited, minor work on public facilities or equipment that is routinely performed to prevent breakdown or deterioration.
Note:
Matches the term contained in a definition to the term actually used in the statute.
111.91
(1)
(cg) The representative of home care providers in the collective bargaining unit specified under s.
118.825
111.825
(2g) may not bargain collectively with respect to any matter other than wages and fringe benefits.
Note:
Corrects cross-reference. There is no s. 118.825 (2g). Section 111.825 (2g) relates to a collective bargaining unit for home care providers.
Section
58
.
118.40 (2r) (f) of the statutes, as created by
2009 Wisconsin Act 28
, is renumbered 118.40 (2r) (fm).
Note:
A provision numbered s. 118.40 (2r) (f) previously existed.
Section
59
.
146.82 (2) (a) 18m. of the statutes, as affected by
2009 Wisconsin Act 28
, is amended to read:
146.82
(2)
(a) 18m. If the subject of the patient health care records is a child or juvenile who has been placed in a foster home
,
group home, residential care center for children and youth, or juvenile correctional facility, including a placement under s. 48.205, 48.21, 938.205, or 938.21, or for whom placement in a foster home
,
group home, residential care center for children and youth, or juvenile correctional facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the child or juvenile, or to an agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements, to the foster parent of the child or juvenile or the operator of the group home, residential care center for children and youth, or juvenile correctional facility in which the child or juvenile is placed, as provided in s. 48.371 or 938.371.
Note:
Inserts missing commas.
Note:
There is no conflict of substance. As merged by the legislative reference bureau under s. 13.92 (2) (i), effective 7-5-10, s. 165.755 (1) (b) reads:
(b) A court may not impose the crime laboratories and drug law enforcement surcharge under par. (a) for a violation of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2), 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 a state law or municipal or county ordinance involving a nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).
Section
61
.
196.374 (3) (b) 2. (intro.) of the statutes is amended to read:
196.374
(3)
(b) 2. (intro.) The commission shall require each energy utility to spend 1.2 percent of its annual operating revenues to fund the utility's programs under sub. (2) (b) 1., the utility's ordered programs, the utility's share of the statewide energy efficiency and renewable resource programs under sub. (2) (a) 1., and the utility's share, as determined by the commission under
sub. (3) (b)
subd.
4., of the costs incurred by the commission in administering this section. Subject to approval under subd. 3., the commission may require each energy utility to spend a larger percentage of its annual operating revenues to fund these programs and costs. The commission may make such a requirement based on the commission's consideration of all of the following:
Note:
Corrects citation form.
Section
62
.
196.497 (11) (b) of the statutes is amended to read:
196.497
(11)
(b)
Referral to standing committees.
Each presiding officer shall refer the technical revision to one standing committee within 7 working days after the day on which the revision is received unless the revision is received on or after November 1 of an even-numbered year. If a revision is received on or after November 1 of an even-numbered year, each presiding officer shall refer the revision to one standing committee within 7 days after the first day of the next regular session of the legislature. Each presiding officer shall cause a statement to appear in the journal of the appropriate house that a technical revision to an agreement approved under sub.
(6)
(10)
is submitted for review.
Note:
Corrects cross-reference. Approval of agreements is provided for in s. 196.497 (10). Section 196.497 (6) relates to monitoring federal activity. Drafting records for Chapter 62 of the Laws of 1981 show that the current sub. (10) was numbered sub. (6) in an early draft and the cross-reference in sub. (11) (b) was not adjusted to reflect the later change.
251.07
Certain physicians; state agency status.
A physician who is not an employee of the local health department and who provides services, without compensation, for those programs and services provided by a local health department that require medical oversight is, for the provision of the services he or she provides, a state agent of the department of health
and family
services for the purposes of ss. 165.25 (6), 893.82 (3), and 895.46.
Note:
2007 Wis. Act 20
, section
9121 (6) (a)
directed that wherever "health and family services" appeared in the statutes, as affected by the acts of 2007, it be replaced with "health services."
Section
64
.
252.15 (2) (a) 1. of the statutes is amended to read:
252.15
(2)
(a) 1. Except as provided in subd. 1g., a health care provider who procures, processes, distributes or uses a human body part or human tissue that is the subject of an anatomical gift under
s.
157.06 shall, without obtaining consent to the testing, test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV in order to assure medical acceptability of the gift for the purpose intended. The health care provider shall use as a test for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV a test or series of tests that the state epidemiologist finds medically significant and sufficiently reliable to detect the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV. If the validated test result of the donor from the test or series of tests performed is positive, the human body part or human tissue donated for use or proposed for donation may not be used.
Note:
Adds missing "s."
253.16
(1)
In this
subsection
section
, "infant" means a child from birth to 12 months of age.
Note:
Inserts correct cross-reference.
Section
66
.
281.346 (2) (e) 1r. of the statutes, as created by
2009 Wisconsin Act 28
, is amended to read:
281.346
(2)
(e) 1r. The baseline for a withdrawal not covered by subd.
1. or
1g.
or 1m.
is zero.
Note:
Inserts correct cross-reference. Section 281.346 (2) (e) 1. was repealed by
2009 Wis. Act 28
. Drafting records indicate subd. 1m. was to be included in the cross-reference. Section 281.346 (2) (e) 1g. provides for the determination of the baseline for a preexisting withdrawal if s. 281.346 (2) (e) 1m. does not apply. If subd. 1r. does not reference subd. 1m., subds. 1m. and 1r. conflict.
Section
67
.
281.346 (5e) (c) 1m. of the statutes, as created by
2009 Wisconsin Act 28
, is amended to read:
281.346
(5e)
(c) 1m. Beginning on
the
December 8, 2011, the department may not approve a water supply service area plan under s. 281.348 that provides for increasing, after December 7, 2021, the amount of a withdrawal that is covered under an individual permit issued under sub. (5) and after the increase the withdrawal would equal 1,000,000 or more gallons per day for any 30 consecutive days over the withdrawal amount as of the beginning of the current permit term or the date that the department issued a modified permit for the withdrawal if the modification was subject to the state decision-making standard under sub. (5m) or the compact decision-making standard under sub. (6), whichever is later, and if subd. 2m. does not apply, unless the increased withdrawal meets the state decision-making standard under sub. (5m).
Note:
Deletes unnecessary word.
Section
68
.
285.69 (2m) (b) of the statutes, as affected by
2009 Wisconsin Act 28
, section
2642
, is renumbered 285.69 (2m) (bm).
Note:
Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2.
2009 Wis. Act 28
, s.
2643
, also created a provision numbered s. 285.69 (2m) (b).
302.113
(9)
(c) A person who is subsequently released to extended supervision after service of the period of time specified by the order under par. (am) is subject to all conditions and rules under
subs.
sub.
(7) and, if applicable,
sub.
(7m) until the expiration of the remaining extended supervision portion of the bifurcated sentence or until the department discharges the person under s. 973.01 (4m), whichever is appropriate. The remaining extended supervision portion of the bifurcated sentence is the total length of the bifurcated sentence, less the time served by the person in confinement under the bifurcated sentence before release to extended supervision under sub. (2) and less all time served in confinement for previous revocations of extended supervision under the bifurcated sentence.
Note:
Corrects citation form.
Section
70
.
304.06 (1) (bg) 2. h. of the statutes, as created by
2009 Wisconsin Act 28
, is amended to read:
304.06
(1)
(bg) 2. h. A person who is serving a sentence related
to
school safety, as defined in s. 939.22 (20s).
Note:
Inserts missing word.
322.0767
(1)
(a) If a person subject to a general court-martial is found to lack substantial mental capacity to understand the proceedings or assist in his or own defense and the military judge determined that the person is likely to become competent within the period specified under s. 971.14 (5) (a), the court-martial convening authority for the person shall commit the person to the custody of the department of health
and family
services under s. 971.14 (5). If the military judge determines that the defendant is not likely to become competent in the time period specified under s. 971.14 (5), the military judge shall suspend or terminate the general court-martial.
Note:
2007 Wis. Act 20
, section
9121 (6) (a)
directed that wherever "health and family services" appeared in the statutes, as affected by the acts of 2007, it be replaced with "health services."
Section
72
.
343.05 (4) (b) 3. of the statutes is amended to read:
343.05
(4)
(b) 3. Any nonresident of the United States who holds an international driving permit or a valid operator's license issued by
West
Germany, Mexico
,
or Switzerland or by any other nation having a reciprocal agreement with the United States concerning driving privileges.
Note:
Updates name.
Section
73
.
343.307 (1) (intro.) of the statutes is amended to read:
343.307
(1)
(intro.) The court shall count the following to determine the length of a revocation under s. 343.30 (1q) (b) and to determine the penalty under
s.
ss.
114.09 (2) and 346.65 (2):
Note:
Corrects citation form.
Section
74
.
346.58 (2) of the statutes is amended to read:
346.58
(2)
In addition to complying with other speed restrictions imposed by law, no person may drive any vehicle equipped with metal tires or solid rubber tires at a speed in excess
of
15 miles per hour.
Note:
Inserts missing word.
Section
75
.
346.70 (3m) (a) of the statutes is amended to read:
346.70
(3m)
(a) The department may require any operator, occupant or owner of a vehicle involved in an accident of which report must be made as provided in
s. 346.70
this section
to file supplemental reports whenever the original report is insufficient in the opinion of the department and may require witnesses of accidents to render reports to the department.
Note:
Corrects citation form.
Section
76
.
440.03 (9) (a) 2. of the statutes, as affected by
2007 Wisconsin Act 20
, is amended to read:
440.03
(9)
(a) 2. Not later than January 31 of each odd-numbered year, adjusting for the succeeding fiscal biennium each fee for an initial credential for which an examination is not required, for a reciprocal credential, and, subject to s. 440.08 (2) (a), for a credential renewal, if
e
an adjustment is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential or credential renewal is in effect and, for purposes of each fee for a credential renewal, to reflect an estimate of any additional moneys available for the department's general program operations as a result of appropriation transfers that have been or are estimated to be made under s. 20.165 (1) (i) during the fiscal biennium in progress at the time of the deadline for an adjustment under this subdivision or during the fiscal biennium beginning on the July 1 immediately following the deadline for an adjustment under this subdivision.
Note:
Deletes a letter that was inadvertently not stricken by
2007 Act 20
.
447.04
(1)
(b) 2. Submits evidence satisfactory to the examining board that the person has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education qualified to provide such instruction. The examining board shall consult with the department of health
and family
services to determine whether an individual, organization, or institution of higher education is qualified to provide instruction under this subdivision.
Note:
2007 Wis. Act 20
, section
9121 (6) (a)
directed that wherever "health and family services" appeared in the statutes, as affected by the acts of 2007, it be replaced with "health services."
448.65
(2)
(a) The renewal fee determined by the department under
s.
440.03 (9) (a).
Note:
Inserts missing "s."
Section
79
.
450.095 (2) 1., 2. and 3. of the statutes, as created by
2009 Wisconsin Act 28
, are renumbered 450.095 (2) (a), (b) and (c).
Note:
Conforms numbering to current style.
560.139
(4)
Origination fee.
The department may charge the recipient of a grant or loan under sub. (1) (a)
, (2), or (3)
an origination fee of not more than 2 percent of the grant or loan amount if the grant or loan equals or exceeds $100,000. The department shall deposit all origination fees collected under this subsection into the appropriation account under s. 20.143 (1) (gm).
560.205
(2)
Early stage seed investment tax credits.
The department shall implement a program to certify investment fund managers for purposes of ss. 71.07 (5b), 71.28 (5b),
,
71.47 (5b), and 76.638. An investment fund manager desiring certification shall submit an application to the department. The investment fund manager shall specify in the application the investment amount that the manager wishes to raise and the department may certify the manager and determine the amount that qualifies for purposes of ss. 71.07 (5b), 71.28 (5b), 71.47 (5b), and 76.638. In determining whether to certify an investment fund manager, the department shall consider the investment fund manager's experience in managing venture capital funds, the past performance of investment funds managed by the applicant, the expected level of investment in the investment fund to be managed by the applicant, and any other relevant factors. The department may certify only investment fund managers that commit to consider placing investments in businesses certified under sub. (1).
Note:
Deletes unnecessary comma.
Section
82
.
560.205 (3) (a) of the statutes is amended to read:
560.205
(3)
(a)
List of certified businesses and investment fund managers.
The department shall maintain a list of businesses certified under sub. (1) and investment fund managers certified under sub. (2) and shall permit public access to the lists through the department's Internet
website
Web site
.
Note:
Corrects spelling.
Note:
Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2.
2009 Wis. Act 2
also created a provision numbered s. 560.208.
560.304
Forward innovation fund.
The department may award a grant or make a loan to an eligible recipient from the appropriations under s. 20.143 (1) (fi)
,
(gm), and (io). The department shall consult with the board prior to awarding a grant or making a loan under this section.
Note:
Inserts missing comma.
Section
85
.
632.835 (2) (bg) 2. of the statutes is amended to read:
632.835
(2)
(bg) 2. The insurer includes on its explanation of benefits form a statement that the insured may have a right to an independent review after the internal grievance process and that an insured may be entitled to expedited independent review with respect to an urgent matter. The statement shall also include a reference to the section of the policy or certificate that contains the description of the independent review procedure as required under subd. 1. The statement shall provide a toll-free telephone number and
website
Web site
, if appropriate, where consumers may obtain additional information regarding internal grievance and independent review processes.
Note:
Corrects spelling.
Section
86
.
632.835 (2) (bg) 3. of the statutes, as affected by
2009 Wisconsin Act 28
, is amended to read:
632.835
(2)
(bg) 3. For any coverage denial determination for which an explanation of benefits is not provided to the insured, the insurer provides a notice that the insured may have a right to an independent review after the internal grievance process and that an insured may be entitled to expedited, independent review with respect to an urgent matter. The notice shall also include a reference to the section of the policy or certificate that contains the description of the independent review procedure as required under subd. 1. The notice shall provide a toll-free telephone number and
website
Web site
, if appropriate, where consumers may obtain additional information regarding internal grievance and independent review processes.
Note:
Corrects spelling.
Note:
There is no conflict of substance. As merged by the legislative reference bureau under s. 13.92 (2) (i), effective 7-5-10, s. 757.05 (1) (a) reads:
(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) or (2m), for a financial responsibility violation under s. 344.62 (2), 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 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.
Section
88
.
801.17 (3) (c) of the statutes is amended to read:
801.17
(3)
(c) Users shall register through the electronic filing system
website
Web site
by executing a user agreement governing the terms of use of the electronic filing system. To register, users must have the capability to produce, file, and receive electronic documents meeting the technical requirements of the electronic filing system. By registering, users agree to electronically file all documents to the extent the electronic filing system can accept them.
Note:
Corrects spelling.
Section
89
.
801.17 (5) (a) of the statutes is amended to read:
801.17
(5)
(a) If the clerk of court accepts an initiating document for filing, the clerk of court shall assign a case number and authenticate the document as provided in sub. (10). The electronic filing system shall send a notice to the filer that the filing has been accepted and is available through the electronic filing system
website
Web site
.
Note:
Corrects spelling.
Section
90
.
801.17 (11) (b) of the statutes is amended to read:
801.17
(11)
(b) Notaries public who hold valid appointments under ch. 137 may register with the electronic filing system for authorization to notarize electronically filed documents. To register, notaries must be able to meet the technical requirements of the electronic filing system. Upon receipt of a properly executed notary agreement, the electronic filing system shall assign to the notary a confidential electronic signature and seal. The notary signature and seal shall be used only by the notary to whom it is assigned. Upon learning that the confidentiality of the signature and seal have been inadvertently or improperly disclosed, the notary shall immediately report that fact through the electronic filing system
website
Web site
.
Note:
Corrects spelling.
Section
91
.
803.01 (3) (b) 2. and 3. of the statutes are amended to read:
803.01
(3)
(b) 2. When the plaintiff is a minor 14 years of age or over,
the guardian ad litem shall be appointed
upon the plaintiff's application or upon the state's application under s. 767.407 (1) (c); or if the plaintiff is under that age or is adjudicated incompetent or alleged to be incompetent, upon application of the plaintiff's guardian or of a relative or friend or upon application of the state under s. 767.407 (1) (c). If the application is made by a relative, a friend, or the state, notice thereof must first be given to the guardian if the plaintiff has one in this state; if the plaintiff has none, then to the person with whom the minor or individual adjudicated incompetent resides or who has the minor or individual adjudicated incompetent in custody.
3. When the defendant is a minor 14 years of age or over,
the guardian ad litem shall be appointed
upon the defendant's application made within 20 days after the service of the summons or other original process; if the defendant is under that age or neglects to so apply or is adjudicated incompetent or alleged to be incompetent, then upon the court's own motion or upon the application of any other party or any relative or friend or the defendant's guardian upon such notice of the application as the court directs or approves.
Note:
Prior to the repeal and recreation of s. 803.01 by Supreme Court Order, 67 Wis. 2d 585, 638 (1975), an introductory provision supplied a verb for what became s. 803.01 (3) (b) 2. and 3. after the repeal and recreation. The repeal and recreation left subds. 2. and 3. without a verb, which is restored by this bill. This change is made at the request of the Supreme Court.
Section
92
.
Subchapter III (title) of chapter 809 [precedes 809.30] of the statutes, as affected by
2009 Wisconsin Act 26
, is amended to read:
chapter 809
SUBCHAPTER III
APPEAL PROCEDURE IN COURT OF
APPEALS IN S. 971.17 PROCEEDINGS
AND IN CRIMINAL AND CH. 48, 51,
55,
,
938, AND 980 CASES
Note:
Deletes unnecessary comma.
809.30
(title)
Rule (Appeals in s. 971.17 proceedings and in criminal, ch. 48, 51, 55,
,
938, and 980 cases).
Note:
Deletes unnecessary comma.
809.30
(1)
(a) "Final adjudication" means the entry of a final judgment or order by the circuit court in a s. 971.17 proceeding, in a criminal case, or in a ch. 48, 51, 55,
,
938, or 980 case, other than a termination of parental rights case under s. 48.43 or a parental consent to abortion case under s. 48.375 (7).
Note:
Deletes unnecessary comma.
809.30
(1)
(e) "Prosecutor" means a district attorney, corporation counsel, or other attorney authorized by law to represent the state in a criminal case, a proceeding under s. 971.17, or a case under ch. 48, 51, 55,
,
938, or 980.
Note:
Deletes unnecessary comma.
846.35
(6)
Penalties.
If a plaintiff fails to provide a notice under
par.
sub. (1)
(a) in accordance with
pars.
sub. (1)
(a) and (b), or fails to comply with sub. (5), the court shall award the tenant to whom the notice should have been given or who should not have
been
named as a defendant $250 in damages, plus reasonable attorney fees. A tenant may not recover under this paragraph for more than one notice violation.
Note:
Inserts a missing word and corrects cross-references. Section 846.35 (6) was renumbered from s. 846.35 (1) (c) by
2009 Wis. Act 28
, but the cross-references were not adjusted accordingly.
895.04
(2)
If the deceased leaves surviving a spouse or domestic partner under ch.770
, and domestic partner under s. 770.05,
and minor children under 18 years of age with whose support the deceased was legally charged, the court before whom the action is pending, or if no action is pending, any court of record, in recognition of the duty and responsibility of a parent to support minor children, shall determine the amount, if any, to be set aside for the protection of such children after considering the age of such children, the amount involved, the capacity and integrity of the surviving spouse or surviving domestic partner, and any other facts or information it may have or receive, and such amount may be impressed by creation of an appropriate lien in favor of such children or otherwise protected as circumstances may warrant, but such amount shall not be in excess of 50% of the net amount received after deduction of costs of collection. If there are no such surviving minor children, the amount recovered shall belong and be paid to the spouse or domestic partner of the deceased; if no spouse or domestic partner survives, to the deceased's lineal heirs as determined by s. 852.01; if no lineal heirs survive, to the deceased's brothers and sisters. If any such relative dies before judgment in the action, the relative next in order shall be entitled to recover for the wrongful death. A surviving nonresident alien spouse or a nonresident alien domestic partner under ch. 770 and minor children shall be entitled to the benefits of this section. In cases subject to s. 102.29 this subsection shall apply only to the surviving spouse's or surviving domestic partner's interest in the amount recovered. If the amount allocated to any child under this subsection is less than $10,000, s. 807.10 may be applied. Every settlement in wrongful death cases in which the deceased leaves minor children under 18 years of age shall be void unless approved by a court of record authorized to act hereunder.
Note:
Deletes redundant provision. Drafting records show the stricken language was to be replaced by "or domestic partner under ch.770," but was inadvertently retained.
Section
98
.
939.22 (8) of the statutes is renumbered 939.22 (9r).
Note:
Places definition in alphabetical order.
949.06
(1m)
(a) In this subsection, "family member" means any spouse, domestic partner under
s. 770.05
ch. 770
, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, foster child, brother, sister, half brother, half sister, aunt, uncle, nephew, niece, or parent or sibling of spouse or of a domestic partner under ch. 770.
Note:
2009 Wis. Act 28
, section
3359
, amended s. 949.06 (1m) (a), as affected by
2009 Wis. Act 28
, section
3358
. Section 3358 inserted the phrase "domestic partner under ch. 770." Section 3359 changed "ch. 770" to "s. 770.05" without strikes and and scores. No change was intended.
Section
100
.
971.23 (9) (b) of the statutes is amended to read:
971.23
(9)
(b) Notwithstanding sub. (1) (e) or (2m) (am), if either party intends to submit deoxyribonucleic acid profile evidence at a trial to prove or disprove the identity of a person, the party seeking to introduce the evidence shall notify the other party of the intent to introduce the evidence in writing by mail at least 45 days before the date set for trial; and shall provide the other party, within 15 days of request, the material identified under sub. (1) (e)
,
or
par.
(2m) (am), whichever is appropriate, that relates to the evidence.
Note:
Corrects citation form. Deletes unnecessary comma.
Section
101
.
985.01 (1m) of the statutes is amended to read:
985.01
(1m)
"Insertion
,
" when used to indicate the publication of a legal notice more than one time, means once each week for consecutive weeks, the last of which shall be at least one week before the act or event, unless otherwise specified by law.
Note:
Inserts missing comma.
Section
102
.
2009 Wisconsin Act 1
, section
4
is amended by replacing "governor
may
,
" with "governor
may
,".
Note:
The comma was previously existing.
Section
103
.
2009 Wisconsin Act 2
, section
416
is amended by replacing "sale of tangible personal property
and items
" with "sale of tangible personal property
,
and items
".
Note:
A comma was deleted without being shown as stricken. The change was intended.
Section
104
.
2009 Wisconsin Act 2
, section
709
is amended by replacing "
loan originator
,
or mortgage broker
" with "
loan originator or mortgage broker
".
Note:
An underscored comma was erroneously inserted in stricken text.
Section
105
.
2009 Wisconsin Act 11
, sections
21
,
31
and
41
are amended by replacing "a percentage, as determined by the department of commerce, not to exceed 100 percent, of" with "
a percentage, as determined by the department of commerce, not to exceed 100 percent, of
".
Note:
Language was inserted by
2009 Wis. Act 11
without scoring. The change was intended.
Section
106
.
2009 Wisconsin Act 11
, section
44
is amended by replacing "his or her work
, or that the employee
" with "his or her work
,
or
that the employee
".
Note:
Previously existing text was underscored by
2009 Wis. Act 11
. No change was intended.
Section
107
.
2009 Wisconsin Act 28
, section
120b
is amended by replacing "16.957 (2) (a) (intro.) of the statutes is renumbered 16.957 (2) (a) and amended to read:" with "16.957 (2) (a) (intro.) of the statutes is amended to read:".
Note:
Clarifies action phrase. No renumbering actually occurred. The provision remained introductory to s. 16.957 (2) (a) 1. to 4.
Section
108
.
2009 Wisconsin Act 28
, section
168m
is amended by replacing "subdivision during a fiscal year may not exceed" with "subdivision
during a fiscal year
may not exceed".
Note:
2009 Wis. Act 28
inserted text without showing it as underscored. The change was intended.
Note:
2009 Wis. Act 28
deleted text without showing it as stricken. The change was intended.
Section
110
.
2009 Wisconsin Act 28
, section
276
is amended by replacing "
Resource aids — county sustainable forestry and county forest administration grants.
" with "
Resource aids —
urban forestry,
county sustainable forestry
,
and county forest administration grants.
".
Note:
2009 Wis. Act 28
deleted text without showing it as stricken. The change was intended.
Section
111
.
2009 Wisconsin Act 28
, section
710
is amended by replacing "each
high hazard
dam" with "each
large
high hazard
dam".
Note:
2009 Wis. Act 28
deleted text without showing it as stricken. The change was intended.
Note:
The provision showed text as stricken in s. 48.67 (4), as created by
2009 Wis. Act 28
, that did not exist and contained no other changes to s. 48.67 (4), and thus had no effect.
Section
114
.
2009 Wisconsin Act 28
, section
1080d
is amended by replacing "
treatment foster hom
e " with "
treatment foster home
".
Note:
The last letter in a stricken word was inadvertently not stricken.
Section
115
.
2009 Wisconsin Act 28
, section
1481m
is amended by replacing "mechanic, or truck driver" with "mechanic
,
or truck driver".
Note:
2009 Wis. Act 28
inserted a comma without showing it as underscored. The change was intended.
Section
116
.
2009 Wisconsin Act 28
, section
1543cc
is amended by replacing "subd. 33., per beneficiary by the married" with "
subdivision
subd.
33., per beneficiary by the married".
Note:
2009 Wis. Act 28
replaced "subdivision" with "subd." without strikes and underscores. The change was intended.
Section
117
.
2009 Wisconsin Act 28
, section
1543cg
is amended by replacing "subd. 32., per beneficiary by the married" with "
subdivision
subd.
32., per beneficiary by the married".
Note:
2009 Wis. Act 28
replaced "subdivision" with "subd." without strikes and underscores. The change was intended.
Note:
2009 Wis. Act 28
deleted a comma without showing it as stricken. The change was intended.
Note:
2009 Wis. Act 28
replaced "0.5%" with "0.5 percent" without strikes and scores. The change was intended.
Section
120
.
2009 Wisconsin Act 28
, section
2017
is amended by replacing "
thereof
of the seed" with "
thereof
of the seed
".
Note:
2009 Wis. Act 28
inserted "of the seed" without showing it as underscored. The change was intended.
Note:
A previously existing comma was underscored. No change was intended.
Section
122
.
2009 Wisconsin Act 28
, section
2254
is amended by replacing "the office or department of health services" with "the office
or department of health services
".
Note:
2009 Wis. Act 28
inserted "or department of health services" without showing it as underscored. The change was intended.
Section
123
.
2009 Wisconsin Act 28
, section
2578qx
is amended by replacing "
effective date, whichever is later
and" with "
effective date, whichever is later,
and".
Note:
A comma was deleted without being shown as stricken. The change was intended.
Section
124
.
2009 Wisconsin Act 28
, section
2578qz
is amended by replacing "
compact's effective date or the date
" with "
compact's effective date, or the date
".
Note:
A comma was deleted without being shown as stricken. The change was intended.
Section
125
.
2009 Wisconsin Act 28
, section
2578sb
is amended by replacing "over
the baseline or
over" with "over
the baseline or over
".
Note:
2009 Wis. Act 28
inserted "over" without showing it as underscored. The change was intended.
Section
126
.
2009 Wisconsin Act 28
, section
2683d
is amended by replacing "301.26 (7) (a) (intro.)" with "301.26 (7) (a)" and by replacing "301.26
(7)
(a) (intro.)" with "301.26
(7)
(a)".
Note:
2009 Wis. Act 28
replaced "CR" with "CFR" without strikes and scores. The change was intended.
Note:
The last letter in a stricken word was inadvertently not stricken.
Section
129
.
2009 Wisconsin Act 29
, section
4
is amended by replacing "461.02 (1) (b) of the statutes, as created by
2007 Wisconsin Act 189
, is created to read:" with "461.02 (1) (b) of the statutes is created to read:".
Section
130
.
2009 Wisconsin Act 29
, section
5
is amended by replacing "
under s. 440.03 (9) (a)
, that" with "
under s. 440.03 (9) (a),
that".
Note:
2009 Wis. Act 29
inserted a comma without showing it as underscored. The change was intended.
Section
131
.
Effective dates.
This act takes effect on the day after publication, except as follows:
(1)
The treatment of sections 77.51 (11m) and 101.123 (1) (id) and (2) (a) 9. of the statutes takes effect on July 5, 2010, or on the day after publication, whichever is later.
(2)
The treatment of sections 146.82 (2) (a) 18m. and 949.06 (1m) (a) of the statutes takes effect on the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under section 48.62 (9) of the statutes, or on the day after publication, whichever is later.
