Date of enactment: April 13, 1998
1997 Senate Bill 423 Date of publication*: April 27, 1998
* Section 991.11, Wisconsin Statutes 1995-96: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
1997 WISCONSIN ACT 79
An Act to repeal 611.07 (3), 612.21 (5), 612.22 (5), 613.07 (3), 613.81 and 614.07 (3); to renumber and amend 611.73 (1) and 611.73 (2); to amend 13.482 (2) (a), 16.30 (1) (a), 16.334 (2) (d), 16.352 (1) (b) 4., 19.32 (1), 19.62 (8), 19.82 (1), 30.92 (1) (br) 5., 32.19 (4) (a) (intro.), 32.19 (4) (b) (intro.), 32.22 (12) (a) (intro.), 36.54 (2) (a) 1., 44.03 (3), 44.60 (1) (b), 45.052 (1) (b), 45.38 (1) (c), 46.035 (1) (c), 46.036 (5m) (a) 1., 46.21 (2) (nm), 46.27 (1) (a) 3., 46.27 (1) (bm), 46.81 (1) (a) 3., 46.82 (1) (a) 3., 46.93 (1m) (c), 46.997 (1) (d), 49.134 (1) (c), 49.34 (5m) (a) 1., 59.43 (2) (ag) 1., 59.57 (2) (e) 2., 59.82 (1) (a), 66.501 (6), 66.504 (1) (b), 95.14 (4), 106.13 (4) (a) 1., 146.50 (1) (k), 146.55 (1) (f), 157.62 (1) (b), 157.62 (2) (b) 1., 157.62 (2) (b) 2., 157.62 (2) (b) 7., 180.0401 (2) (a) 2., 180.0401 (2) (a) 3., 180.0401 (2) (a) 4., 180.0501 (3), 180.1506 (2) (a) 2., 180.1506 (2) (a) 3., 180.1506 (2) (a) 4., 182.031 (2), 185.033 (1), 187.01 (7), 187.22 (3), 188.08 (3), 188.085, 188.09 (3), 188.11 (3), 188.13 (3), 188.15 (3), 188.16 (3), 188.17 (3), 188.18 (2), 188.19 (3), 188.20, 188.21 (3), 188.22 (3), 188.23 (3), 188.235 (3), 188.24 (3), 198.13 (4), 199.08, 199.17, 227.485 (2) (b), 232.07 (2), 234.94 (2) (b) (intro.), 252.12 (1) (c), 255.05 (1) (b), 255.06 (1) (c), 281.68 (1) (e), 301.235 (1) (c), 440.03 (2), 440.92 (6) (b) 1., 560.05 (1) (a), 560.20 (1) (d), 560.60 (18m), 560.80 (7) (b) (intro.), 611.01 (2), 611.07 (1), 611.07 (2), 611.07 (4), 611.10, 611.12 (2) (intro.), 611.12 (2) (a), 611.12 (3), 611.12 (4), 611.29 (1), 611.29 (3), 611.29 (5), 611.42 (1), 611.51 (1), 611.51 (6), 611.51 (7), 611.51 (8), 611.51 (9) (a), 611.53 (3), 611.53 (4), 611.54 (2), 611.56 (3) (d), 611.56 (5), 611.62 (1), 611.62 (2), 611.62 (3), 611.62 (4), 611.63 (1), 611.73 (title), 611.73 (3), 611.74 (1), 611.74 (2), 611.74 (3), 611.76 (1) (c), 611.78 (1), 612.01 (4), 612.03, 612.04 (1), 612.04 (2), 612.11 (2) (a), 612.11 (2) (b), 612.12 (1) (c), 612.13 (6) (b), 612.21 (title), 612.21 (1), 612.21 (2) (intro.), 612.21 (2) (b), 612.21 (6), 612.21 (7), 612.22 (title), 612.22 (1), 612.22 (2) (intro.), 612.22 (2) (b), 612.22 (6), 612.22 (7), 612.70, 613.01 (1), 613.01 (2), 613.01 (3), 613.01 (5), 613.01 (6), 613.07 (1), 613.07 (2), 613.07 (4), 613.10, 613.12 (1) (intro.), 613.12 (1) (a), 613.12 (2), 613.29 (1), 613.29 (3), 613.40 (1), 613.40 (2), 613.40 (3), 613.51 (2), 613.51 (4), 613.51 (5), 613.51 (6), 613.51 (7), 613.52 (1), 613.52 (2), 613.56 (3) (d), 613.62 (1), 613.62 (2), 613.62 (3), 613.63 (1), 613.63 (2), 613.69 (1), 613.72 (title), 613.72 (1), 613.72 (2), 613.72 (5), 613.74 (1), 613.74 (2), 613.74 (3), 613.74 (4), 613.78 (1), 614.01 (6), 614.07 (1), 614.07 (2), 614.07 (4), 614.09, 614.12 (2), 614.12 (3), 614.12 (4), 614.51 (1), 614.53, 614.74 (1), 614.74 (2), 614.74 (3), 618.21 (title), 814.245 (2) (a) and 946.82 (4); to repeal and recreate chapter 181, 613.51 (1) and 613.69 (title); and to create 234.94 (2) (b) 2m., 611.12 (2) (am), 611.42 (1e), 611.42 (1m), 611.51 (9) (am), 611.51 (9) (b) (title), 611.51 (9) (c) (title), 611.73 (1) (b), 611.73 (1) (c), 611.73 (1) (d), 611.73 (2) (b), 611.78 (1m), 613.12 (1) (am) and 613.56 (5) of the statutes; relating to: the nonstock corporation law and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
79,1 Section 1. 13.482 (2) (a) of the statutes is amended to read:
13.482 (2) (a) For the purpose of providing housing for state departments and agencies, including housing for state offices and the completion of the state office building, and to enable the construction, financing and ultimate acquisition thereof by the state, the building commission may acquire any necessary lands, and lease and re-lease any lands owned by the state and available for the purpose to the Wisconsin state public building corporation or other nonstock, nonprofit corporation organized under ch. 181 or any law amendatory thereof or supplemental thereto that is a nonprofit corporation, as defined in s. 181.0103 (17). The lease and re-lease shall be for a term or terms not exceeding 50 years each, and shall be made on the condition that such corporation shall construct and provide on such leased lands such building projects, including buildings, improvements, facilities or equipment or other capital items, as the building commission requires, and shall re-lease the same to the building commission upon satisfactory terms as to the rental, maintenance and ultimate acquisition by the state as is in its best interests in the judgment of the building commission. After such leases and re-leases are executed and until the projects are acquired by the state, they shall be operated by the building commission through the department of administration, which shall have charge of such property as provided in s. 16.85. The building commission shall operate the projects in such manner as to provide revenues therefrom sufficient to pay the costs of operation and maintenance of the project and to provide for the payments due the Wisconsin state public building corporation or other nonstock, nonprofit corporation but if the building commission finds and declares that the housing available in any such project is in excess of the current housing needs or requirements of the state departments and agencies occupying or availing themselves of the space in or capacity of such project, the building commission need not operate such project in a manner to provide revenues therefrom sufficient to pay the costs of operation and maintenance of the project and to provide for the rental payments due the Wisconsin state public building corporation or other nonstock, nonprofit corporation.
79,2 Section 2 . 16.30 (1) (a) of the statutes is amended to read:
16.30 (1) (a) A nonstock, nonprofit corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17).
79,3 Section 3. 16.334 (2) (d) of the statutes is amended to read:
16.334 (2) (d) A nonstock, nonprofit corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17).
79,4 Section 4. 16.352 (1) (b) 4. of the statutes is amended to read:
16.352 (1) (b) 4. A private nonprofit organization, as defined under s. 108.02 (19), or a nonstock, nonprofit corporation that is organized under ch. 181 and that is a nonprofit corporation, as defined in s. 181.0103 (17).
79,5 Section 5. 19.32 (1) of the statutes is amended to read:
19.32 (1) "Authority" means any of the following having custody of a record: a state or local office, elected official, agency, board, commission, committee, council, department or public body corporate and politic created by constitution, law, ordinance, rule or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a local exposition district under subch. II of ch. 229; any public purpose corporation, as defined in s. 181.79 (1); any court of law; the assembly or senate; a nonprofit corporation which receives more than 50% of its funds from a county or a municipality, as defined in s. 59.001 (3), and which provides services related to public health or safety to the county or municipality; a nonprofit corporation operating the Olympic ice training center under s. 42.11 (3); or a formally constituted subunit of any of the foregoing.
79,6 Section 6. 19.62 (8) of the statutes is amended to read:
19.62 (8) "State authority" means an authority that is a state elected official, agency, board, commission, committee, council, department or public body corporate and politic created by constitution, statute, rule or order; a state governmental or quasi-governmental corporation; a public purpose corporation, as defined in s. 181.79 (1); the supreme court or court of appeals; the assembly or senate; or a nonprofit corporation operating the Olympic ice training center under s. 42.11 (3).
79,7 Section 7. 19.82 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
19.82 (1) "Governmental body" means a state or local agency, board, commission, committee, council, department or public body corporate and politic created by constitution, statute, ordinance, rule or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a local exposition district under subch. II of ch. 229; any public purpose corporation, as defined in s. 181.79 (1); a nonprofit corporation operating the Olympic ice training center under s. 42.11 (3); or a formally constituted subunit of any of the foregoing, but excludes any such body or committee or subunit of such body which is formed for or meeting for the purpose of collective bargaining under subch. I, IV or V of ch. 111.
79,8 Section 8. 30.92 (1) (br) 5. of the statutes is amended to read:
30.92 (1) (br) 5. Does not have articles of incorporation or bylaws which limit or deny the right of any member or any class of members to vote, as provided permitted under s. 181.16 181.0721 (1).
79,9 Section 9. 32.19 (4) (a) (intro.) of the statutes is amended to read:
32.19 (4) (a) Owner-occupants. (intro.) In addition to amounts otherwise authorized by this subchapter, the condemnor shall make a payment, not to exceed $25,000, to any displaced person who is displaced from a dwelling actually owned and occupied, or from a mobile home site actually owned or occupied, by the displaced person for not less than 180 days prior to the initiation of negotiations for the acquisition of the property. For the purposes of this paragraph, a nonprofit corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17), may, if otherwise eligible, be considered a displaced owner. A displaced owner may elect to receive the payment under par. (b) 1. in lieu of the payment under this paragraph. Such payment includes only the following:
79,10 Section 10. 32.19 (4) (b) (intro.) of the statutes is amended to read:
32.19 (4) (b) Tenants and certain others. (intro.) In addition to amounts otherwise authorized by this subchapter, the condemnor shall make a payment to any individual or family displaced from any dwelling which was actually and lawfully occupied by such individual or family for not less than 90 days prior to the initiation of negotiations for the acquisition of such property or, if displacement is not a direct result of acquisition, such other event as determined by the department of commerce by rule. For purposes of this paragraph, a nonprofit corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17), may, if otherwise eligible, be considered a displaced tenant. Subject to the limitations under par. (bm), such payment shall be either:
79,11 Section 11. 32.22 (12) (a) (intro.) of the statutes is amended to read:
32.22 (12) (a) (intro.) Nothing in this section requires the municipality to rehabilitate a residential building, if it appears at any time that total cost of rehabilitation, including structural repairs and alterations, exceeds 80% of the estimated fair market value of the building when rehabilitation is complete. If the municipality determines under this paragraph not to rehabilitate a residential building condemned under this section, the municipality shall sell the building to any nonprofit corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17), or any cooperative organized under ch. 185 which:
79,12 Section 12. 36.54 (2) (a) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:
36.54 (2) (a) 1. "Corporation" means a nonstock , nonprofit corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17).
79,13 Section 13. 44.03 (3) of the statutes is amended to read:
44.03 (3) Every affiliated society shall make a report of its work annually to the historical society that contains the information specified in s. 181.651 181.1622 (1) (a) to (c) (e), which, in its entirety or in part, may be included in the publications of the historical society, and upon application of any affiliated society the historical society may accept, in behalf of the state, custody of or title to the property, records and collections of the affiliated society or may assist in the disposal thereof. If any affiliated society becomes, in the opinion of the board of curators of the historical society, inactive or defunct, title to such property, records and collections not otherwise provided for in the grants of donors or in the articles of incorporation of the inactive and defunct society, shall vest in the historical society which shall take appropriate action in the public interest for the protection or disposal of such property, records and collections. Preference in disposition shall be given to historical or related organizations in the area or to whatever county or local governmental unit that has aided such affiliate financially.
79,14 Section 14. 44.60 (1) (b) of the statutes is amended to read:
44.60 (1) (b) "Nonprofit arts organization" means a nonprofit corporation organized under ch. 181, that is a nonprofit corporation as defined in s. 181.0103 (17), for the purpose of furthering the arts.
79,15 Section 15. 45.052 (1) (b) of the statutes is amended to read:
45.052 (1) (b) The powers set forth in s. 181.04 181.0302 and all other applicable provisions of ch. 181.
79,16 Section 16. 45.38 (1) (c) of the statutes is amended to read:
45.38 (1) (c) "Nonprofit corporation" means a nonstock, nonprofit corporation that is organized under ch. 181 or any law amendatory thereof or supplemental thereto and that is a nonprofit corporation, as defined in s. 181.0103 (17).
79,17 Section 17. 46.035 (1) (c) of the statutes is amended to read:
46.035 (1) (c) The term "nonprofit corporation" means a nonstock, nonprofit corporation that is organized under ch. 181 or any law amendatory thereof or supplemental thereto and that is a nonprofit corporation, as defined in s. 181.0103 (17).
79,18 Section 18. 46.036 (5m) (a) 1. of the statutes is amended to read:
46.036 (5m) (a) 1. "Provider" means a nonprofit, nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17), and that contracts under this section to provide client services on the basis of a unit rate per client service.
79,19 Section 19. 46.21 (2) (nm) of the statutes is amended to read:
46.21 (2) (nm) May, together with a nonstock, nonprofit corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17), and that is organized solely for the purpose of operating duly accredited educational programs offering baccalaureate and associate degrees in nursing and allied health fields, maintain and fund the programs.
79,20 Section 20. 46.27 (1) (a) 3. of the statutes is amended to read:
46.27 (1) (a) 3. A private, nonprofit corporation that is organized under ch. 181 and that is a nonprofit corporation, as defined in s. 181.0103 (17).
79,21 Section 21. 46.27 (1) (bm) of the statutes is amended to read:
46.27 (1) (bm) "Private nonprofit agency" means a nonprofit corporation, as defined in s. 181.02 (8) 181.0103 (17), which provides comprehensive health care services to elderly persons and which participates in the On Lok replication initiative.
79,22 Section 22. 46.81 (1) (a) 3. of the statutes is amended to read:
46.81 (1) (a) 3. A private, nonprofit corporation that is organized under ch. 181 and that is a nonprofit corporation, as defined in s. 181.0103 (17).
79,23 Section 23. 46.82 (1) (a) 3. of the statutes is amended to read:
46.82 (1) (a) 3. A private, nonprofit corporation that is organized under ch. 181 and that is a nonprofit corporation, as defined in s. 181.0103 (17).
79,24 Section 24. 46.93 (1m) (c) of the statutes is amended to read:
46.93 (1m) (c) "Nonprofit corporation" means a nonstock, nonprofit corporation that is organized under ch. 181 and that is a nonprofit corporation, as defined in s. 181.0103 (17).
79,25 Section 25. 46.997 (1) (d) of the statutes is amended to read:
46.997 (1) (d) "Nonprofit corporation" means a nonstock, nonprofit corporation that is organized under ch. 181 and that is a nonprofit corporation, as defined in s. 181.0103 (17).
79,26 Section 26. 49.134 (1) (c) of the statutes is amended to read:
49.134 (1) (c) "Nonprofit, tax-exempt corporation" means a nonstock, nonprofit corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17), and that is exempt from taxation under section 501 (c) of the internal revenue code.
79,27 Section 27. 49.34 (5m) (a) 1. of the statutes is amended to read:
49.34 (5m) (a) 1. "Provider" means a nonprofit, nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17), and that contracts under this section to provide client services on the basis of a unit rate per client service.
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