AB1095: Bill Text

LRB-0298/1

MCP:cjs

2023 - 2024 LEGISLATURE

2023 Assembly BILL 1095

February 20, 2024 - Introduced by Law Revision Committee. Referred to Committee on Rules.

AB1095,1,2 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:

AB1095,1 Section 1 . The treatment of 15.08 (1m) (b) of the statutes by 2021 Wisconsin Act 23 is not repealed by 2021 Wisconsin Act 130. Both treatments stand.

Note: There is no conflict of substance.

AB1095,2 Section 2 . The treatment of 15.085 (1m) (b) of the statutes by 2021 Wisconsin Act 23 is not repealed by 2021 Wisconsin Act 251. Both treatments stand.

Note: There is no conflict of substance. See also the treatment of s. 15.085 (1m) (b) in Section 69 .

AB1095,3 Section 3 . 20.255 (2) (fm) of the statutes is amended to read:

AB1095,2,2 20.255 (2) (fm) Charter schools. A sum sufficient to make the payments to charter schools under s. 118.40 (2r) (e), (f), and (fm).

Note: Removes obsolete cross-reference. Section 118.40 (2r) (f) was repealed by 2021 Wis. Act 219.

AB1095,4 Section 4 . 20.505 (8) (hm) (intro.) of the statutes is amended to read:

AB1095,2,11 20.505 (8) (hm) Indian gaming receipts. (intro.) All moneys required to be credited to this appropriation under s. 569.06, all moneys transferred under 2001 Wisconsin Act 16, sections 9201 (5mk), 9205 (1mk), 9210 (3mk), 9223 (5mk), 9224 (1mk), 9225 (1mk), 9231 (1mk), 9237 (4mk), 9240 (1mk), 9251 (1mk), 9256 (1mk), 9257 (2mk), and 9258 (2mk), and all moneys that revert to this appropriation account from the appropriation accounts specified in subds. 1c. to 19. 18r., 22., and 23., less the amounts appropriated under par. (h) and s. 20.455 (2) (gc), for the purpose of annually transferring the following amounts:

Note: Removes obsolete cross-reference. Section 20.505 (8) (hm) 19. was repealed effective 2-6-22 by 2021 Wis. Act 127.

AB1095,5 Section 5 . The treatment of 25.18 (1) (a) of the statutes by 2021 Wisconsin Act 177 is not repealed by 2021 Wisconsin Act 267. Both treatments stand.

Note: There is no conflict of substance.

AB1095,6 Section 6 . The treatment of 25.18 (1) (f) of the statutes by 2021 Wisconsin Act 177 is not repealed by 2021 Wisconsin Act 267. Both treatments stand.

Note: There is no conflict of substance.

AB1095,7 Section 7 . The treatment of 25.18 (1) (m) of the statutes by 2021 Wisconsin Act 177 is not repealed by 2021 Wisconsin Act 267. Both treatments stand.

Note: There is no conflict of substance.

AB1095,8 Section 8 . The treatment of 40.05 (4) (ah) 3. and 4. of the statutes by 2021 Wisconsin Act 240 is not repealed by 2021 Wisconsin Act 245. Both treatments stand.

Note: There is no conflict of substance.

AB1095,9 Section 9. The treatment of 44.03 (3) of the statutes by 2021 Wisconsin Act 249 is not repealed by 2021 Wisconsin Act 258. Both treatments stand.

Note: There is no conflict of substance. See also the treatment of s. 44.03 (3) in Section 69.

AB1095,10 Section 10 . The treatment of 48.981 (2m) (b) 1. of the statutes by 2021 Wisconsin Act 23 is not repealed by 2021 Wisconsin Act 130. Both treatments stand.

Note: There is no conflict of substance.

AB1095,11 Section 11 . 48.981 (3) (cm) of the statutes is amended to read:

AB1095,3,13 48.981 (3) (cm) Contract with licensed child welfare agencies. A county department may contract with a licensed child welfare agency to fulfill the county department's duties specified under par. (c) 1., 2. b., 2m. b., 5., 5r., 6., 6m., and 8. The department may contract with a licensed child welfare agency to fulfill the department's duties specified under par. (c) 1., 2. a., 2m. b. a., 3., 4., 5., 5m., 5r., 6., 6m., 7., 8., and 9. in a county having a population of 750,000 or more. The confidentiality provisions specified in sub. (7) shall apply to any licensed child welfare agency with which a county department or the department contracts.

Note: Inserts the correct cross-reference. Section 48.981 (3) (c) 2m. a. relates to investigations by a licensed child welfare agency that is under contract with the Department of Children and Families, while s. 48.981 (3) (c) 2m. b. relates to investigations by a licensed child welfare agency that is under contract with a county department of social or human services.

AB1095,12 Section 12 . The treatment of 49.45 (9r) (a) 7. b. of the statutes by 2021 Wisconsin Act 23, section 71, is not repealed by 2021 Wisconsin Act 251. Both treatments stand.

Note: There is no conflict of substance.

AB1095,13 Section 13 . 66.0608 (2m) (b) 1. (intro.) of the statutes, as created by 2023 Wisconsin Act 12, is amended to read:

AB1095,4,3 66.0608 (2m) (b) 1. (intro.) Except as provided in par. (c) 1., a certification under par. (a) 1. shall include a statement that certifies that any of the following has been maintained at a level at least equivalent to the previous year:

Note: Inserts a missing phrase. Section 66.0608 (2m) (a) 1. requires a certification, which “shall include a statement under par. (b) 1.”

AB1095,14 Section 14 . 66.0608 (2m) (b) 2. (intro.) of the statutes, as created by 2023 Wisconsin Act 12, is amended to read:

AB1095,4,8 66.0608 (2m) (b) 2. (intro.) Except as provided in par. (c) 1., a certification under par. (a) 2. shall include a statement that certifies that any 2 of the following have been maintained at a level at least equivalent to the previous year:

Note: Inserts a missing phrase. Section 66.0608 (2m) (a) 2. requires a certification, which “shall include a statement under par. (b) 2.”

AB1095,15 Section 15 . The treatment of 69.01 (6g) of the statutes by 2021 Wisconsin Act 23 is not repealed by 2021 Wisconsin Act 130. Both treatments stand.

Note: There is no conflict of substance.

AB1095,16 Section 16 . 70.075 (3) of the statutes is amended to read:

AB1095,4,18 70.075 (3) To the end that all valuations throughout the city shall be made on a uniform basis, such board of assessors, under the direction and supervision of the city assessor, shall compare the valuations so secured, making all necessary corrections and all other just and necessary changes to arrive at the true value of property within the city. The city assessor may direct that all objections to valuations filed with the city assessor in writing, in the manner provided in s. 70.47 (13) (16), shall be investigated by the board.

Note: Inserts the correct cross-reference. 1979 Wis. Act 34 renumbered s. 70.47 (16) from s. 70.47 (13), but the cross-reference in s. 70.075 (3) was not changed.

AB1095,17 Section 17 . 71.03 (6m) of the statutes is amended to read:

AB1095,5,4 71.03 (6m) Time to file claims; no return required. A claim for a credit under s. 71.07 (3m) or subch. VIII or IX that is filed by a natural person who is not required to file a report under sub. (2) (a) shall be filed on a calendar year basis in conformity with the filing requirements in subs. (6) and (7).

Note: Removes obsolete cross-reference. Section 71.07 (3m) was repealed effective 2-6-22 by 2021 Wis. Act 127.

AB1095,18 Section 18 . 71.05 (6) (a) 17. of the statutes is amended to read:

AB1095,5,7 71.05 (6) (a) 17. The amount received under s. 71.07 (3m) (c) or 71.60, or both, that is not included in federal adjusted gross income.

Note: Removes obsolete cross-reference. Section 71.07 (3m) was repealed effective 2-6-22 by 2021 Wis. Act 127.

AB1095,19 Section 19 . 71.07 (6e) (c) 2. of the statutes is amended to read:

AB1095,5,12 71.07 (6e) (c) 2. No credit may be allowed under this subsection if the individual, or the individual's spouse, files a claim under sub. (3m) or (9) or subch. VIII or IX that relates to the same taxable year for which a claim is made under this subsection.

Note: Removes obsolete cross-reference. Section 71.07 (3m) was repealed effective 2-6-22 by 2021 Wis. Act 127.

AB1095,20 Section 20 . 71.08 (1) (intro.) of the statutes is amended to read:

AB1095,6,2 71.08 (1) Imposition. (intro.) If the tax imposed on a natural person, married couple filing jointly, trust, or estate under s. 71.02, not considering the credits under ss. 71.07 (1), (2dx), (2dy), (3m), (3n), (3q), (3s), (3t), (3w), (3wm), (3y), (4k), (5b), (5d), (5e), (5i), (5j), (5n), (6), (6e), (8b), (9e), (9m), and (9r), 71.28 (1dx), (1dy), (2m), (3), (3n), (3t), (3w), (3wm), and (3y), 71.47 (1dx), (1dy), (2m), (3), (3n), (3t), (3w), and (3y), 71.57 to 71.61, and 71.613 and subch. VIII and payments to other states under s. 71.07 (7), is less than the tax under this section, there is imposed on that natural person, married couple filing jointly, trust, or estate, instead of the tax under s. 71.02, an alternative minimum tax computed as follows:

Note: Removes obsolete cross-references. Sections 71.07 (3m), 71.28 (2m), and 71.47 (2m) were repealed effective 2-6-22 by 2021 Wis. Act 127. Also inserts a serial comma, consistent with current style.

AB1095,21 Section 21 . 71.76 (2) (b) of the statutes is amended to read:

AB1095,6,22 71.76 (2) (b) In the case of any partnership adjustments, as defined under section 6241 of the Internal Revenue Code and including adjustments under section 6225 of the Internal Revenue Code, the partnership may submit a request to the department, in a manner prescribed by the department, within 60 days after the final determination by the internal revenue service to amend the partnership returns and pay tax on behalf of the partners at the highest tax rate computed under s. 71.745 (1) (2) (a) for each reviewed year, as defined under section 6225 of the Internal Revenue Code, to which such partnership adjustments relate. The partnership and its partners shall report such changes or corrections to the department within 180 days after the receipt of the notice of approval from the department and shall concede the accuracy of such determination or state how the determination is erroneous. The partnership and its partners shall report changes and corrections as provided under par. (a) within 180 days after the receipt of the notice of denial from the department. The partnership and its partners are not required to report such changes or corrections unless the changes or corrections affect the amount of net tax payable under this chapter, of a credit calculated under this chapter, of a Wisconsin net operating loss carried forward under this chapter, of a Wisconsin net business loss carried forward under this chapter, or of a capital loss carried forward under this chapter.

Note: Inserts correct cross-reference. Section 71.745 (2) (a) was created by 2021 Wis. Act 262 and refers to computing the applicable tax rate, while s. 71.745 (1) (a) does not exist.

AB1095,22 Section 22 . The treatment of 71.88 (2) (b) of the statutes by 2021 Wisconsin Act 127 is not repealed by 2021 Wisconsin Act 262. Both treatments stand.

Note: There is no conflict of substance.

AB1095,23 Section 23 . 102.17 (1) (cm) of the statutes is amended to read:

AB1095,7,15 102.17 (1) (cm) The department of workforce development division shall deny, suspend, restrict, refuse to renew, or otherwise withhold a license under par. (c) for failure of the applicant or agent to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse or for failure of the applicant or agent to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding par. (c), an action taken under this paragraph is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in ch. 227.

Note: Identifies the correct agency in charge of suspending or denying licenses for non-attorneys to appear in worker's compensation cases. 2021 Wisconsin Act 232 changed “the department [of workforce development]” in s. 102.17 (1) (c) to (ct) to instead be “the division [of hearings and appeals in the department of administration],” but failed to make this change in s. 102.17 (1) (cm). Drafting records indicate that the change was intended.

AB1095,24 Section 24 . The treatment of 108.02 (13) (k) of the statutes by 2021 Wisconsin Act 231 is not repealed by 2021 Wisconsin Act 239. Both treatments stand.

Note: There is no conflict of substance.

AB1095,25 Section 25 . The treatment of 108.04 (8) (b) of the statutes by 2017 Wisconsin Act 157 is not repealed by 2017 Wisconsin Act 366. Both treatments stand.

Note: There is no conflict of substance.

AB1095,26 Section 26 . 115.997 (2) (a) and (3) (a) 1. of the statutes are amended to read:

AB1095,8,4 115.997 (2) (a) “Active duty" means full-time active duty status in a uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 USC chs. 1209 and 1211.

AB1095,8,7 (3) (a) 1. An active duty member of the uniformed service, including a member of the national guard and reserve on active duty orders pursuant to 10 USC chs. 1209 and 1211.

Note: Section 115.997 (2) (a) and (3) (a) 1. were created as part of the Interstate Compact on Educational Opportunity for Military Children. The original compact text, which was incorporated into the Wisconsin statutes, included an incorrect cross-reference to 10 USC 1209 and 1211. Those sections of federal law relate to members being transferred to inactive status and members who are on the temporary disability retired list; whereas 10 USC chs. 1209 and 1211 relate to members of the national guard and reserve who are on active duty, which is the subject of s. 115.997 (2) (a) and (3) (a) 1.

AB1095,27 Section 27 . 118.2925 (1) (a) of the statutes is amended to read:

AB1095,8,10 118.2925 (1) (a) “Administer" means the direct application of an epinephrine auto-injector or prefilled syringe delivery system to a person's body.