2021 Wisconsin Act 239

59.60 (2) (ae) “Budget period” means 2 consecutive fiscal years covered by a biennial budget adopted by a county that has acted under sub. (3s), or one fiscal year covered by an annual budget for any other county that has not acted to adopt a biennial budget under sub. (3s).

Note: Inserts language so that both meanings of the term “budget period” describe a period of time.

239,26 Section 26. 59.60 (6) (title) of the statutes is created to read:

59.60 (6) (title) Hearings on estimates; submission to board.

Note: The other subsections in s. 59.60 have titles.

239,27 Section 27 . 65.02 (5m) of the statutes, as created by 2019 Wisconsin Act 42, is amended to read:

65.02 (5m) Budget period. In ss. 65.01 to 65.20, “budget period” means 2 consecutive fiscal years covered by a biennial budget adopted by a city that has acted under s. 62.025 65.025, or one fiscal year covered by an annual budget for any other city that has not acted to adopt a biennial budget under s. 65.025.

Note: Inserts correct cross-reference. 2019 Wis. Act 42 created s. 65.025 relating to biennial budget procedures for cities. Also inserts language so that both meanings of the term “budget period” describe a period of time.

239,28 Section 28 . 65.90 (5) (a) of the statutes, as affected by 2019 Wisconsin Act 42, is renumbered 65.90 (5) (ar) and amended to read:

65.90 (5) (ar) Except as provided in pars. (b) and (c) and except for alterations made pursuant to a hearing under sub. (4), the amount of tax to be levied or certified, the amounts of the various appropriations and the purposes for such appropriations stated in a budget required under sub. (1) or authorized under sub. (1m) may not be changed unless authorized by a vote of two-thirds of the members-elect of the governing body of the municipality. Any municipality, except a town, which that makes changes under this paragraph shall publish either a class 1 notice of the changes, under ch. 985, within 15 days after any change is made or post a notice of the changes on the municipality's website within 15 days after any change is made. Failure to give notice shall preclude any changes in the proposed budget and alterations thereto made under sub. (4).

(ag) In this subsection, “members-elect” has the meaning given in s. 66.10015 (1) (bs).

Note: Moves a definition to a new paragraph for clarity. 2019 Wis. Act 42 added a definition of “members-elect” to the end of s. 65.90 (5) (a) that applies to all the paragraphs of s. 65.90 (5).

239,29 Section 29 . 65.90 (5) (b) of the statutes, as affected by 2019 Wisconsin Act 42, is amended to read:

65.90 (5) (b) A county board may authorize its standing committees to transfer funds between budgeted items of an individual county office or department, if such budgeted items have been separately appropriated, and to supplement the appropriations for a particular office, department, or activity by transfers from the contingent fund. Such committee transfers shall not exceed the amount set up in the contingent fund as adopted in the annual budget, nor aggregate in the case of an individual office, department, or activity in excess of 10 percent of the funds originally provided for such office, department, or activity in such annual budget. The publication provisions of par. (a) (ar) shall apply to all committee transfers from the contingent fund.

Note: Inserts correct cross-reference to accommodate the renumbering of s. 65.90 (5) (a) to s. 65.90 (5) (ar) in Section 28.

239,30 Section 30 . 65.90 (6) (intro.) of the statutes, as affected by 2019 Wisconsin Act 42, is amended to read:

65.90 (6) (intro.) As part of the annual budget required under sub. (1) or the biennial budget authorized under sub. (1m), the governing body of any municipality and of any county having a population of 750,000 or more may establish and maintain, and levy a tax for, a liability reserve fund for the purpose of paying liability claims against the municipality or premiums on insurance to pay such claims. The governing body may allow amounts appropriated to the fund to accumulate from year to year. The annual taxes levied for this purpose may not exceed the level necessary to collect the amount recommended by an actuary, in accordance with generally accepted actuarial principles, that will be sufficient to pay any insurance premiums and the uninsured portion of claims that are anticipated to be made based on occurrences during the year in which the tax is collected. Payment of claims and premiums may either be made directly from the reserve account or appropriations may be made from the reserve account to an operating account for such payments. No other transfers may be made from the fund except in accordance with the procedure specified in sub. (5) (a) (ar) and unless:

Note: Inserts correct cross-reference to accommodate the renumbering of s. 65.90 (5) (a) to s. 65.90 (5) (ar) in Section 28.

239,31 Section 31. 66.0137 (5) (c) 1m. of the statutes, as created by 2019 Wisconsin Act 19, is amended to read:

66.0137 (5) (c) 1m. Except as provided in subds. 2. and 3., if a political subdivision, the state, the Board of Regents, or Marquette University provides for the payment of premiums for hospital, surgical, and other health insurance for its law enforcement officers or emergency medical services practitioners, it shall continue to pay such premiums for the surviving spouse and dependent children of the law enforcement officer or emergency medical services practitioner who dies while in the line of duty.

Note: Strikes unnecessary word. The term “dies in the line of duty” is defined in s. 66.0137 (1) (af). The word “while” is deleted to use the defined term consistently in the section.

239,32 Section 32. 66.0414 (1) (d) of the statutes, as created by 2019 Wisconsin Act 14, is amended to read:

66.0414 (1) (d) “Applicable codes” means the state electrical wiring code, as defined in s. 101.80 (4), the state plumbing code specified in s. 145.13 promulgated under s. 145.02 (2) (a), the fire prevention code under ch. SPS 314, Wis. Adm. Code, the Wisconsin commercial building code under chs. SPS 361 to 366, Wis. Adm. Code, the Wisconsin uniform dwelling code under chs. SPS 320 to 325, Wis. Adm. Code, and local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons.

Note: Inserts correct cross-reference. 2017 Wis. Act 331 repealed s. 145.13 and provided that the plumbing code is promulgated by the Department of Safety and Professional Services under s. 145.02 (2) (a).

239,33 Section 33. 66.0901 (9) (b) (title) of the statutes is repealed.

Note: The other paragraph in s. 66.0901 (9) does not have a title.

239,34 Section 34. 66.10015 (4) (title) of the statutes is created to read:

66.10015 (4) (title) Merging.

Note: The other subsections in s. 66.10015 have titles.

239,35 Section 35. 66.1015 (3) (title) of the statutes is repealed.

Note: The other subsections in s. 66.1015 do not have titles.

239,36 Section 36. 70.11 (39m) (title) of the statutes is created to read:

70.11 (39m) (title) Cash registers and fax machines.

Note: The other subsections in s. 70.11 have titles.

239,37 Section 37. 70.995 (1) (title) and (2) (title) of the statutes are repealed.

Note: The other subsections in s. 70.995 do not have titles.

239,38 Section 38. 71.05 (13) (a) (title) of the statutes is repealed.

Note: The other paragraph in s. 71.05 (13) does not have a title.

239,39 Section 39. 71.25 (9) (e) (title) and (f) (title) of the statutes are repealed.

Note: The other paragraphs in s. 71.25 (9) do not have titles.

239,40 Section 40. 84.075 (3) of the statutes is amended to read:

84.075 (3) The department shall at least semiannually, or more often if required by the department of administration, report to the department of administration the total amount of money it has paid to contractors, subcontractors, and vendors that are minority businesses and that are disabled veteran-owned businesses under ss. 84.01 (13), 84.06, and 84.07 and the number of contacts with minority businesses and disabled veteran-owned businesses in connection with proposed purchases and contracts. In its reports, the department shall include only amounts paid to businesses certified by the department of safety and professional services administration as minority businesses or disabled veteran-owned businesses.

Note: Inserts correct agency. Under ss. 16.283 (3) and 16.287 (2), the Department of Administration certifies disabled veteran-owned businesses and minority businesses.

239,41 Section 41. 108.02 (13) (k) of the statutes, as affected by 2019 Wisconsin Act 9, is amended to read:

108.02 (13) (k) “Employer" does not include a county department, an aging unit, or, under s. 46.2785, a private agency that serves as a fiscal agent or contracts with a fiscal intermediary to serve as a fiscal agent under s. 46.27 (5) (i), 46.272 (7) (e), or 47.035 as to any individual performing services for a person receiving long-term support services under s. 46.272 (7) (b), 46.275, 46.277, 46.278, 46.2785, 46.286, 46.495, 51.42, or 51.437 or personal assistance services under s. 47.02 (6) (c).

Note: Removes extraneous cross-reference. 2019 Wis. Act 9 repealed s. 46.27.

239,42 Section 42. 139.75 (4) (c) of the statutes, as affected by 2019 Wisconsin Act 9, is amended to read:

139.75 (4) (c) Any person engaged in the business of selling tobacco products or vapor products outside this state who ships or transports tobacco products or vapor products to retailers in this state to be sold by those retailers.

Note: Inserts missing phrase. 2019 Wis. Act 9 added the phrase “or vapor products” after “tobacco products” throughout subch. III of ch. 139 but did not add the phrase after the second instance of “tobacco products” in s. 139.75 (4) (c). Drafting records indicate that the change was intended.

239,43 Section 43. 146.343 (1) (intro.) and (a) of the statutes are consolidated, renumbered 146.343 (1) and amended to read:

146.343 (1) In this section: (a) “Hospital", “hospital” has the meaning given in s. 50.33 (2).

Note: Removes extraneous definitions. Section 146.343 (1) (b), (c), and (d) provide definitions of “nurse,” “nurse-midwife,” and “physician” in s. 146.343, but these terms do not otherwise appear in s. 146.343.

239,44 Section 44. 146.343 (1) (b), (c) and (d) of the statutes are repealed.

Note: Removes extraneous definitions. Section 146.343 (1) (b), (c), and (d) provide definitions of “nurse,” “nurse-midwife,” and “physician” in s. 146.343, but these terms do not otherwise appear in s. 146.343.

239,45 Section 45. 167.33 (3) (am) (title) of the statutes is created to read:

167.33 (3) (am) (title) Exemption.

Note: The other paragraphs in s. 167.33 (3) have titles.

239,46 Section 46 . 180.1604 (1) of the statutes is amended to read:

180.1604 (1) If a corporation does not within a reasonable time allow a shareholder to inspect and copy any record described in s. 180.1602 (1) (1m) or (2), the shareholder who complies with s. 180.1602 (1m) or (2), as applicable, may apply to the circuit court for the county where the corporation's principal office or, if none in this state, its registered office is located for an order to permit inspection and copying of the records demanded. 

Note: Inserts correct cross-reference. 1995 Wis. Act 400 renumbered s. 180.1602 (1) to s. 180.1602 (1m) and failed to change the first cross-reference in this subsection to s. 180.1602 (1m).

239,47 Section 47. 196.491 (3m) (a) (intro.) of the statutes is amended to read:

196.491 (3m) (a) Commission approval required. (intro.) Except as provided in par. (e) 1., an affiliated interest of a public utility may not own, control or operate a wholesale merchant plant without the approval of the commission. The commission shall grant its approval only if each of the following is satisfied:

Note: Fixes cross-reference to accommodate the renumbering of s. 196.491 (3m) (e) 1. to s. 196.491 (3m) (e) in this bill. See Section 51 of this bill.

239,48 Section 48. 196.491 (3m) (c) 1. (intro.) and a. of the statutes are consolidated, renumbered 196.491 (3m) (c) 1. and amended to read:

196.491 (3m) (c) 1. In this paragraph: a. “Electric, “electric sale" means a sale of electricity that is generated at a wholesale merchant plant that is owned, operated, or controlled by an affiliated interest.

Note: Corrects statutory numbering to accommodate the repeal of s. 196.491 (3m) (c) 1. b. in this bill. Adds comma consistent with current style. See the following Section of this bill.

239,49 Section 49. 196.491 (3m) (c) 1. b. of the statutes is repealed.

Note: Removes extraneous definition. Section 196.491 (3m) (c) 1. b. provides a definition of “firm sale” in s. 196.491 (3m) (c), but that term does not otherwise appear in s. 196.491 (3m) (c) as a result of the repeal of s. 196.491 (3m) (c) 3. by 2019 Wis. Act. 9 and the repeal of s. 196.491 (3m) (e) 2. by this bill. See the previous Section and Section 52 of this bill.

239,50 Section 50. 196.491 (3m) (e) (title) of the statutes is repealed and recreated to read:

196.491 (3m) (e) (title) Exemption.

Note: Changes the title of this paragraph from plural to singular to accommodate the repeal of s. 196.491 (3m) (e) 2. in this bill. See Section 52 of this bill.

239,51 Section 51 . 196.491 (3m) (e) 1. of the statutes is renumbered 196.491 (3m) (e).

Note: Corrects statutory numbering to accommodate the repeal of s. 196.491 (3m) (e) 2. in this bill. See Section 52 of this bill.

239,52 Section 52 . 196.491 (3m) (e) 2. of the statutes is repealed.

Note: Removes extraneous language. This subdivision provides an exemption to the requirement under s. 196.491 (3m) (c) 3., which was repealed by 2019 Wis. Act. 9. See also Section 51 of this bill.

239,53 Section 53. 196.795 (6m) (c) of the statutes is amended to read:

196.795 (6m) (c) Wholesale merchant plants. The assets of a wholesale merchant plant shall not be included in the sum of the assets of a public utility affiliate under par. (b) 1. a., b., or c. and shall not be included in a nonutility affiliate's total assets under par. (b) 2. a. if the requirements specified in s. 196.491 (3m) (a) 1. and 2. are satisfied or if the wholesale merchant plant qualifies for the exemption under s. 196.491 (3m) (e) 1.

Note: Fixes cross-reference to accommodate the renumbering of s. 196.491 (3m) (e) 1. to s. 196.491 (3m) (e) in this bill. Adds comma consistent with current style. See Section 51 of this bill.

239,54 Section 54. 218.05 (15) (title) of the statutes is created to read:

218.05 (15) (title) Penalty.

Note: The other subsections in s. 218.05 have titles.

239,55 Section 55. 218.22 (4) (title) of the statutes is repealed.

Note: The other subsections in s. 218.22 do not have titles.

239,56 Section 56 . 234.907 (2) (cm) of the statutes, as affected by 2019 Wisconsin Act 62, is amended to read:

234.907 (2) (cm) The total guarantee amount of all loans to the borrower that are guaranteed under this section and that are made for working capital or an item necessary to, or used to, commercially harvest whitefish from Lake Superior will not exceed $100,000. This subsection paragraph does not apply to a loan guaranteed under sub. (4).

Note: Inserts correct cross-reference.

239,57 Section 57. 250.20 (1) (j) of the statutes is amended to read:

250.20 (1) (j) “Poverty line" means the nonfarm federal poverty line for the continental United States, as defined by the federal department of labor under in 42 USC 9902 (2).

Note: Removes reference to the U.S. Department of Labor. Since the enactment of P.L. 97-35 in 1981, the Omnibus Budget Reconciliation Act of 1981, the federal poverty line has been defined at 42 USC 9902 (2). 42 USC 9902 (2) establishes a process for determining the federal poverty line that does not involve any action by the U.S. Department of Labor.