AB1022: Bill Text

LRB-1476/1

MCP:cjs

2021 - 2022 LEGISLATURE

2021 Assembly BILL 1022

February 17, 2022 - Introduced by Law Revision Committee. Referred to Committee on Rules.

AB1022,1,2 An Act relating to: revising various provisions of the statutes for the purpose of making corrections and reconciling conflicts (Correction Bill).

Analysis by the Legislative Reference Bureau

This correction bill, prepared by the Legislative Reference Bureau under s. 13.92 (1) (bm) 1. and 2. and (2) (i) and (L), stats., is explained in the Notes in the body of the bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1022,1 Section 1. 13.48 (30) (a) 2. of the statutes, as created by 2021 Wisconsin Act 58, is amended to read:

AB1022,1,5 13.48 (30) (a) 2. “Unserved area” has the meaning given in s. 196.504 (1) (c).

Note: The defined term in s. 196.504 (1) (c) is “unserved area.”

AB1022,2 Section 2. 14.88 of the statutes, as created by 2019 Wisconsin Act 100, is amended to read:

AB1022,2,3 14.88 Physical therapy licensure compact. There is created a physical therapy compact commission as specified in s. 448.985. The administrator of delegate for the commission representing this state shall be an individual described in s. 448.985 (7) (b) 2. The commission has the powers and duties granted and imposed under s. 448.985.

Note: Changes incorrect term. Appointees to the physical therapy compact commission are referred to in the compact as delegates, not administrators.

AB1022,3 Section 3. 15.165 (2) of the statutes is amended to read:

AB1022,2,17 15.165 (2) Group insurance board. There is created in the department of employee trust funds a group insurance board. The board shall consist of the governor, the attorney general, the secretary of administration, the director of the office of state employment relations administrator of the division of personnel management in the department of administration, and the commissioner of insurance or their designees, and 6 persons appointed for 2-year terms, of whom one shall be an insured participant in the Wisconsin Retirement System who is not a teacher, one shall be an insured participant in the Wisconsin Retirement System who is a teacher, one shall be an insured participant in the Wisconsin Retirement System who is a retired employee, one shall be an insured employee of a local unit of government, and one shall be the chief executive or a member of the governing body of a local unit of government that is a participating employer in the Wisconsin Retirement System.

Note: Changes incorrect term. 2015 Wis. Act 55 restructured the Office of State Employment Relations into a newly created Division of Personnel Management in the Department of Administration and transferred functions from the director of OSER to the administrator of the new division. That act changed other references in the statutes from “the director of the office of state employment relations” to “the administrator of the division of personnel management in the department of administration,” but the act's repeal and recreation of s. 15.165 (2), which included other changes, was partially vetoed.

AB1022,4 Section 4. 16.997 (2) (e) of the statutes is repealed.

Note: Repeals paragraph containing an obsolete cross-reference. Section 16.997 (2) (e) requires rules promulgated by the Department of Administration establishing an educational telecommunications access program to include the protections specified in s. 196.209 (4) (a) and (b). Section 196.209 was repealed by 2021 Wis. Act 24.

AB1022,5 Section 5. 20.465 (3) (hm) of the statutes, as created by 2021 Wisconsin Act 58, is amended to read:

AB1022,3,12 20.465 (3) (hm) Urban search and rescue task force supplement. As a continuing appropriation, the amounts in the schedule to be used for response costs of a local agency for an urban search and rescue task force deployment under s. 323.72 (1) and for reimbursement to a local agency for any increase in contributions for duty disability premiums under s. 40.05 (2) (aw) for employees who receive duty disability benefits under s. 40.65 because of an injury incurred while performing duties as a member of an urban search and rescue task force under a contract under s. 323.72 (1). All moneys received under s. 323.72 (3) as reimbursement for expenses incurred for an urban search and rescue task force response shall be credited to this appropriation account.

Note: Adds language that was unintentionally omitted from 2021 Wis. Act 58. 2021 Wis. Act 58 created s. 20.465 (3) (hm) and a corresponding entry in the schedule under ch. 20.005 (3), but omitted the phrase “the amounts in the schedule” from s. 20.465 (3) (hm).

AB1022,6 Section 6. 20.507 (1) (h) of the statutes, as affected by 2019 Wisconsin Acts 9 and 110, is amended to read:

AB1022,4,2 20.507 (1) (h) Trust lands and investments — general program operations. The amounts in the schedule for the general program operations of the board, 24.61 (2) (c),. All amounts deducted from the gross receipts of the appropriate funds as provided under ss. 24.04, 24.09 (1) (bm), 24.53, and 24.62 (1) shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance at the end of each fiscal year shall be transferred to the trust funds, as defined under s. 24.60 (5). The amount transferred to each trust fund, as defined under s. 24.60 (5), shall bear the same proportion to the total amount transferred to the trust funds that the gross receipts of that trust fund bears to the total gross receipts credited to this appropriation account during that fiscal year.

Note: Deletes unnecessary language. The stricken text was inserted by 2019 Wis. Act 110 but rendered without effect by the treatment of s. 20.507 (1) (h) by 2019 Wis. Act 9.

AB1022,7 Section 7. The treatment of 38.16 (3) (a) 2w. of the statutes by 2021 Wisconsin Act 58 is not repealed by 2021 Wisconsin Act 61. Both treatments stand.

Note: There is no conflict of substance.

AB1022,8 Section 8. 40.05 (4) (ah) 3. and 4. of the statutes are amended to read:

AB1022,4,8 40.05 (4) (ah) 3. A craft employee shall pay 100 percent of health insurance premiums, unless otherwise determined by the director administrator of the division of personnel management in the department of administration.

AB1022,4,13 4. Annually, the director administrator of the division of personnel management in the department of administration shall determine the amount of contributions, if any, that the state must contribute into an employee's health savings account under s. 40.515 and the amount that employees are required to pay for health insurance premiums for a high-deductible health plan under s. 40.515.

Note: Changes incorrect term. 2015 Wis. Act 55 restructured the Office of State Employment Relations into a newly created Division of Personnel Management in the Department of Administration and transferred functions from the director of OSER to the administrator of the new division. That act changed other references in the statutes from “the director of the office of state employment relations” to “the administrator of the division of personnel management in the department of administration,” but failed to make this change in s. 40.05 (4) (ah) 3. and 4.

AB1022,9 Section 9. The treatment of 48.09 (5) of the statutes by 2019 Wisconsin Act 109 is not repealed by 2019 Wisconsin Act 134. Both treatments stand.

Note: There is no conflict of substance.

AB1022,10 Section 10. The treatment of 66.0511 (2) of the statutes by 2021 Wisconsin Act 48 is not repealed by 2021 Wisconsin Act 49. Both treatments stand.

Note: There is no conflict of substance.

AB1022,11 Section 11. 66.1014 (1) (c) of the statutes, as created by 2021 Wisconsin Act 55, is repealed.

Note: Repeals a redundant definition for “short-term rental." That term, as used in s. 66.1014, is defined by cross-reference to s. 66.0615 (1) (dk), which is identical to s. 66.1014 (1) (c).

AB1022,12 Section 12. 71.05 (6) (a) 15. of the statutes, as affected by 2019 Wisconsin Act 54, is amended to read:

AB1022,5,10 71.05 (6) (a) 15. Except as provided under s. 71.07 (3p) (c) 5., the The amount of the credits computed under s. 71.07 (2dm), (2dx), (2dy), (3g), (3h), (3n), (3q), (3s), (3t), (3w), (3wm), (3y), (4k), (4n), (5e), (5i), (5j), (5k), (5r), (5rm), (6n), and (10) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g).

Note: Deletes an obsolete cross-reference. Section 71.07 (3p) (c) 5. was repealed by 2019 Wis. Act 54.

AB1022,13 Section 13. 73.03 (76) of the statutes, as created by 2021 Wisconsin Act 87, is amended to read:

AB1022,6,11 73.03 (76) To submit a report to the joint committee on finance no later than 6 months after the end of each fiscal year, beginning with the 2021-22 fiscal year and ending with the 2025-26 fiscal year, that contains information on the use of contract auditors in the unclaimed property program under ch. 177, including auditor performance results and comments and concerns from those audited regarding the contract auditors. The department shall survey those audited by contract auditors to receive comments and concerns. Before allowing any person to engage in an audit of another person's documents or records, the administrator, as defined in s. 177.01 (1), shall post the contract or other agreement with the person on the department's Internet site. The contract or other agreement shall remain posted on the department's Internet site until the contract or other agreement is no longer in effect, is no longer valid, or is superseded or otherwise rescinded. The person may take no action to engage in the audit until the administrator certifies that the person will proceed, even if domiciled in another state, in accordance with Wisconsin statutes and department rules and guidance documents and the administrator concludes there is a reasonable justification for using the person to engage in the audit. The administrator shall actively monitor the person to ensure that the person, even if domiciled in another state, is acting in accordance with such statutes, rules, and guidance documents and shall immediately take corrective action, including rescinding the contract, if the administrator reasonably concludes the person is not acting in accordance with such statutes, rules, and guidance documents.

Note: Adds a cross-reference to the definition of “administrator.” The term “administrator” is not defined in ch. 73.

AB1022,14 Section 14. 85.21 (3m) (b) 4. of the statutes is amended to read:

AB1022,6,16 85.21 (3m) (b) 4. Employ as an operator of a human service vehicle any person who the specialized transportation service knows or should have known does not meet the requirements for a school bus endorsement specified under s. 343.12 (7) and (8) and any rule established by the department under s. 343.12 (7) and (8).

Note: Adds a missing word. An endorsement under s. 343.12 (7) and (8) is a “school bus endorsement.”

AB1022,15 Section 15. 86.31 (3s) (b) of the statutes is amended to read:

AB1022,6,20 86.31 (3s) (b) 1. From the appropriation under s. 20.395 (2) (fc), 2019 stats., the department shall allocate $32,003,200 in fiscal year 2019-20, to fund county trunk highway improvements.

AB1022,6,22 2. From the appropriation under s. 20.395 (2) (fc), 2019 stats., the department shall allocate $35,149,400 in fiscal year 2019-20, to fund town road improvements.

AB1022,7,3 3. From the appropriation under s. 20.395 (2) (fc), 2019 stats., the department shall allocate $22,847,400 in fiscal year 2019-20, to fund municipal street improvement projects.

Note: Inserts correct cross-reference. 2021 Wis. Act 58 renumbered s. 20.395 (2) (fc) to s. 20.395 (2) (fq), but the renumbering did not affect fiscal year 2019-20.

AB1022,16 Section 16. 165.85 (4) (em) 6. of the statutes, as created by 2021 Wisconsin Act 82, is amended to read:

AB1022,7,12 165.85 (4) (em) 6. A law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency is not required to provide the candidate's employment records files if the agency or facility is prohibited from providing the employment records files pursuant to a binding nondisclosure agreement to which the law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency is a party if the agreement was executed before November 7, 2021.

Note: The defined term for s. 165.85 is “employment file,” defined in s. 165.85 (2) (ap).

AB1022,17 Section 17. 177.0605 (10) of the statutes, as created by 2021 Wisconsin Act 87, is amended to read:

AB1022,7,18 177.0605 (10) Not later than 120 days after a claim is filed under sub. (1) or (4) (5), the administrator shall allow or deny the claim and give the claimant notice of the decision in a record. If the administrator does not take action on a claim during the 120-day period, the claim is deemed denied.

Note: Inserts correct cross-reference. Claims under s. 177.0605 are filed under sub. (1) or (5).

AB1022,18 Section 18. 177.0801 (2) (f) of the statutes, as created by 2021 Wisconsin Act 87, is amended to read:

AB1022,8,3 177.0801 (2) (f) Any costs in connection with the action under s. 177.0907 177.1504 (1) and the redemption of a U.S. savings bond under s. 177.0907 177.1504 (5).

Note: Inserts correct cross-references. Actions for a judgment that a U.S. savings bond is abandoned and for an order transferring ownership of the abandoned bond to the state are brought under s. 177.1504 (1), and after an action such a bond may be redeemed by the state under s. 177.1504 (5).

AB1022,19 Section 19. 281.75 (1) (i) of the statutes is amended to read:

AB1022,8,8 281.75 (1) (i) “Well subject to abandonment" means a well that is required to be abandoned filled and sealed under s. NR 812.26 (2) (4) (a), Wis. Adm. Code, or that the department may require to be abandoned filled and sealed under s. NR 812.26 (2) (4) (b), Wis. Adm. Code.

Note: Changes incorrect term and cross-references. Section NR 812.26, Wis. Adm. Code, now refers to “filling and sealing" rather than “abandoning" a well, and the provision requiring filling and sealing was moved to s. NR 812.26 (4) (a) by CR 18-095.

AB1022,20 Section 20. 287.17 (10) (a) of the statutes, as affected by 2021 Wisconsin Act 79, is amended to read:

AB1022,8,21 287.17 (10) (a) Internet site; manufacturers. The department shall maintain an Internet site on which the department lists the names of manufacturers who are registered under sub. (3) and the names of the brands listed in the manufacturers' registrations. The department shall update the information on the Internet site promptly upon receipt of a new or revised registration. The department shall include on the Internet site a statement that this section applies only to covered electronic devices sold for household or covered school use and that the list of manufacturers is not a list of manufacturers qualified to sell video display devices, computers, or printers for industrial, commercial, or other nonhousehold or nonschool non-covered-school uses. The department shall also include on the Internet site the contact information provided by manufacturers under sub. (3) (a) 2.

Note: Changes incorrect term. The defined term “school” was changed to “covered school” in all other instances in s. 287.17 by 2021 Wis. Act 79.

AB1022,21 Section 21. 302.384 (1m) of the statutes, as created by 2019 Wisconsin Act 90, is amended to read:

AB1022,9,5 302.384 (1m) In this section, “health care professional" means a person licensed, certified, or registered under ch. 441, 448, or 455 or a person who holds a compact privilege under subch. X of ch. 448.

Note: Adds language intended under 2019 Wis. Act 100. 2019 Wis. Act 100 added physical therapists who hold a compact privilege under what is now subch. X of ch. 448 (the Physical Therapy Licensure Compact, formerly subch. IX of ch. 448) to numerous parts of the statutes that referred to physical therapists licensed under ch. 448, but did not take cognizance of 2019 Wis. Act 90. 2019 Wis. Act 90 changed the definition of “health care professional” under s. 302.384 in a manner that, when taken together with Act 100, unintentionally excluded physical therapists who hold a compact privilege from the definition of “health care professional.”

AB1022,22 Section 22. The treatment of 448.956 (4) of the statutes by 2021 Wisconsin Act 71 is not repealed by 2021 Wisconsin Act 23. Both treatments stand.

Note: There is no conflict of substance.

AB1022,23 Section 23. 765.23 of the statutes, as affected by 2021 Wisconsin Act 84, is amended to read:

AB1022,9,19 765.23 Immaterial irregularities otherwise. No marriage hereafter contracted shall be void either by reason of the marriage license having been issued by a county clerk not having jurisdiction to issue the same; or by reason of any informality or irregularity of form in the application for the marriage license or in the marriage license itself, or the incompetency of the witnesses to such marriage; or because the marriage may have been solemnized more than 60 days after the date of the marriage license, if the marriage is in other respects lawful and is consummated with the full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage. Where a marriage has been celebrated in one of the forms provided for in s. 765.16 (1m), and the parties thereto have immediately thereafter assumed the habit and repute of husband and wife, and having continued the same uninterruptedly thereafter for the period of one year, or until the death of either of them, it shall be deemed that a marriage license has been issued as required by ss. 765.05 to 765.24 and 767.803.

Note: Adds language erroneously deleted by 2021 Wis. Act 84.

AB1022,24 Section 24. 863.39 (1) of the statutes, as affected by 2021 Wisconsin Act 87, is amended to read:

AB1022,10,11 863.39 (1) Generally. If any legacy or intestate property is not claimed by the distributee within 120 days after entry of final judgment, or within the time designated in the judgment, it shall be converted into money as close to the inventory value as possible and paid to the administrator, as defined in s. 177.01 (1), for deposit as provided under s. 177.0801. Claims for the money shall be made under sub. (3).

Note: Adds a cross-reference to the definition of “administrator.” The term “administrator” is not defined in ch. 863.