AB846: Bill Text

AB846,5,12 30.26 (4) (a) (intro.) The department may not prohibit the crossing of a bridge over a wild river by an all-terrain vehicle or utility terrain vehicle traveling on an all-terrain vehicle trail, as defined under s. 23.33 (1) (d), by an off-highway motorcycle traveling on an off-highway motorcycle trail designated under sub. s. 23.335 (19) (b), or by a snowmobile traveling on a snowmobile trail, as defined under s. 350.01 (17) that is constructed in any of the following locations:

Note: Inserts correct cross-reference.

AB846,12 Section 12 . 33.55 (2) (d) of the statutes, as affected by 2015 Wisconsin Act 226, is amended to read:

AB846,5,20 33.55 (2) (d) The term of a commissioner appointed under sub. (1) (w) or (x) begins on and ends on dates determined by the appointing authority. Vacancies occurring during the term of the appointee shall be filled by the appointing authority within 90 days of the vacancy. The appointing authority shall inform the board of commissioners in writing that a new commissioner is appointed no more than 90 days after the appointment.

Note: Removes unnecessary word and makes the language of s. 33.55 (2) (b) and (d), as affected by 2015 Wis. Act 226, consistent.

AB846,13 Section 13. 36.11 (11m) (a) (intro.) and (b) of the statutes, as created by 2015 Wisconsin Act 55, are amended to read:

AB846,6,4 36.11 (11m) (a) (intro.) The board may invest revenues from gifts, grants, and donations by doing any of the following:

AB846,6,7 (b) Notwithstanding ss. 25.14 (1) (a) and 25.17 (1) (g), the board is not required to deposit revenues from gifts, grants, and donations in the state investment fund if the board invests these moneys as provided in par. (a).

Note: Inserts “and" made necessary as the result of the governor's partial veto of 2015 Wis. Act 55, section 1162r.

AB846,14 Section 14 . 45.01 (9) of the statutes is amended to read:

AB846,6,12 45.01 (9) “Permanently and totally disabled veteran" means a person who is receiving 100 percent disability compensation from the U.S. department of veterans affairs under 38 USC 301 to 315, 331 to 337, and 350 to 362 1101 to 1115, 1131 to 1137, and 1151 to 1162, due to a permanent and total service-connected disability.

NOTE: The underscored language reflects the renumbering of the U.S. Code provisions by P.L. 102-83.

AB846,15 Section 15 . 48.185 (3) (title) of the statutes is created to read:

AB846,6,14 48.185 (3) (title) Transition-to-independent-living proceedings.

Note: The other subsections in s. 48.185 have titles.

AB846,16 Section 16 . 48.437 (2) of the statutes, as created by 2015 Wisconsin Act 373, is amended to read:

AB846,7,5 48.437 (2) Emergency change in placement. If emergency conditions necessitate an immediate change in the placement of a child who is the subject of a guardianship order under s. 48.427 (3) (3m) (a) 1. to 4., (am), or (b), the agency appointed as the guardian of the child may remove the child to a new placement without the prior notice under sub. (1) (a). Notice of the emergency change in placement shall be sent to all persons specified in sub. (1) (a) 1. and filed with the court within 48 hours after the emergency change in placement. The court may hold a hearing on the matter as provided in sub. (1) (bm). In emergency situations, a child may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 20 days or in any placement authorized under s. 48.345 (3).

Note: Inserts the correct cross-reference consistent with s. 48.437 (1) and (2v) (b). There is no s. 48.427 (3) (a), (am), or (b).

AB846,17 Section 17 . The treatment of 48.545 (2) (a) (intro.) of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 172. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.545 (2) (a) (intro.) reads:

(a) From the appropriations under s. 20.437 (1) (eg), (kb), and (nL), the department, subject to par. (am), shall distribute $2,097,700 in each fiscal year to applying nonprofit corporations and public agencies operating in a county having a population of 750,000 or more, $1,171,800 in each fiscal year to applying county departments under s. 46.22, 46.23, 51.42, or 51.437 operating in counties other than a county having a population of 750,000 or more, and $55,000 in each fiscal year to Diverse and Resilient, Inc. to provide programs to accomplish all of the following:

AB846,18 Section 18 . The treatment of 48.57 (3m) (b) 1. of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 172. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.57 (3m) (b) 1. reads:

1. The county department or, in a county having a population of 750,000 or more, the department shall refer to the attorney responsible for support enforcement under s. 59.53 (6) (a) the name of the parent or parents of a child for whom a payment is made under par. (am). This subdivision does not apply to a child 18 years of age or over for whom a payment is made under par. (am).

AB846,19 Section 19 . The treatment of 48.57 (3n) (b) 1. of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 172. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.57 (3n) (b) 1. reads:

1. The county department or, in a county having a population of 750,000 or more, the department shall refer to the attorney responsible for support enforcement under s. 59.53 (6) (a) the name of the parent or parents of a child for whom a payment is made under par. (am). This subdivision does not apply to a child 18 years of age or over for whom a payment is made under par. (am).

AB846,20 Section 20. The treatment of 48.57 (3p) (hm) of the statutes by 2015 Wisconsin Act 166 is not repealed by 2015 Wisconsin Act 172. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.57 (3p) (hm) reads:

(hm) A county department or, in a county having a population of 750,000 or more, the department may not make payments to a person under sub. (3n) and a person receiving payments under sub. (3n) may not employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident if the director of the county department or, in a county having a population of 750,000 or more, the person designated by the secretary to review conviction records under this paragraph determines that the person has any arrest or conviction that is likely to adversely affect the child or the person's ability to care for the child. A person who is aggrieved by a decision under this paragraph may obtain a hearing on that decision under sub. (3n) (g) as provided in sub. (3n) (f).

AB846,21 Section 21 . 48.685 (1) (b) of the statutes, as affected by 2015 Wisconsin Act 129, is amended to read:

AB846,8,15 48.685 (1) (b) “Entity" means a child welfare agency that is licensed under s. 48.60 to provide care and maintenance for children, to place children for adoption, or to license foster homes; a foster home that is licensed under s. 48.62; an interim caretaker to whom subsidized guardianship payments are made under s. 48.623 (6); a person who is proposed to be named as a successor guardian in a successor subsidized guardianship agreement under s. 48.623 (2); a group home that is licensed under s. 48.625; a shelter care facility that is licensed under s. 938.22; a child care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14); a child care provider that is certified under s. 48.651; an organization that facilitates delegations of the care and custody of children under s. 48.979; or a temporary employment agency that provides caregivers to another entity.

Note: Inserts correct term. Section 48.623 (2) relates to “subsidized guardianship agreements" and contains no reference to “successor guardianship agreements."

AB846,22 Section 22 . The treatment of 48.685 (4m) (a) (intro.) of the statutes by 2015 Wisconsin Act 129 is not repealed by 2015 Wisconsin Act 172. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.685 (4m) (a) (intro.) reads:

(a) Notwithstanding s. 111.335, and except as provided in par. (ad) and sub. (5), the department may not license, or continue or renew the license of, a person to operate an entity, the department in a county having a population of 750,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may not certify a child care provider under s. 48.651, a county department or a child welfare agency may not license, or renew the license of, a foster home under s. 48.62, the department in a county having a population of 750,000 or more or a county department may not provide subsidized guardianship payments to an interim caretaker under s. 48.623 (6) (am) or to a person seeking those payments as a successor guardian under s. 48.623 (6) (bm), and a school board may not contract with a person under s. 120.13 (14), if the department, county department, contracted agency, child welfare agency, or school board knows or should have known any of the following:

AB846,23 Section 23 . The treatment of 48.685 (4m) (ad) of the statutes by 2015 Wisconsin Act 129 is not repealed by 2015 Wisconsin Act 172. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.685 (4m) (ad) reads:

(ad) The department, a county department, or a child welfare agency may license a foster home under s. 48.62; the department may license a child care center under s. 48.65; the department in a county having a population of 750,000 or more, a county department, or an agency contracted with under s. 48.651 (2) may certify a child care provider under s. 48.651; the department in a county having a population of 750,000 or more or a county department may provide subsidized guardianship payments to an interim caretaker under s. 48.623 (6) (am) or to a person seeking those payments as a successor guardian under s. 48.623 (6) (bm); and a school board may contract with a person under s. 120.13 (14), conditioned on the receipt of the information specified in sub. (2) (am) and (ar) indicating that the person is not ineligible to be licensed, certified, provided payments, or contracted with for a reason specified in par. (a) 1. to 5.

AB846,24 Section 24 . 48.685 (6) (a) of the statutes, as affected by 2015 Wisconsin Acts 55 and 172, is amended to read:

AB846,9,11 48.685 (6) (a) Except as provided in this paragraph, the department shall require any person who applies for issuance, continuation, or renewal of a license to operate an entity, 750,000 a county department or a child welfare agency shall require any person who applies for issuance or renewal of a license to operate a foster home under s. 48.62, and the department in a county having a population of 750,000 or more or a county department shall require any person who applies for subsidized guardianship payments under s. 48.623 (6) to complete a background information form that is provided by the department. The department shall require any person who applies for issuance, but not continuation, of a license to operate a child care center under s. 48.65, a school board shall require any person who proposes to contract, but not renew a contract, with the school board under s. 120.13 (14), and the department in a county having a population of 750,000 or more, a county department, or an agency contracted with under s. 48.651 (2) shall require any child care provider who applies for initial certification, but not renewal of that certification, under s. 48.651 to complete a background information form that is provided by the department.

Note: The stricken “750,000" was inserted by 2015 Wis. Act 172 but was rendered surplusage by the treatment by 2015 Wis. Act 55.

AB846,25 Section 25 . The treatment of 48.981 (3) (a) 2d. of the statutes by 2015 Wisconsin Act 172 is not repealed by 2015 Wisconsin Act 367. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 48.981 (3) (a) 2d. reads:

2d. Except when referral is required under subd. 2. bm., the sheriff or police department may refer to the county department or, in a county having a population of 750,000 or more, the department or a licensed child welfare agency under contract with the department a case reported to the sheriff or police department in which a person who is not a caregiver is suspected of abuse or of threatened abuse of a child.

AB846,26 Section 26 . The treatment of 49.32 (1) (a) of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 381. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 49.32 (1) (a) reads:

(a) Except as provided in s. 49.345 (14) (b) and (c), the department shall establish a uniform system of fees for services under this subchapter and ch. 48, and community-based juvenile delinquency-related services under ch. 938, purchased or provided by the department or by a county department under s. 46.215, 46.22, or 46.23, except as provided in s. 49.22 (6) and except when, as determined by the department, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22, or 46.23 shall apply the fees that it collects under this program to cover the cost of those services.

AB846,27 Section 27 . 59.66 (1) (c) 1. a. and b. of the statutes, as affected by 2015 Wisconsin Act 246, are amended to read:

AB846,11,4 59.66 (1) (c) 1. a. By providing in the county, a class 3 notice, under ch. 985, of the names and last-known addresses of the owners of unclaimed moneys, securities, or funds that have a value of at least $20 and that are in the treasurer's possession for disposition.

AB846,11,17 b. By providing in the county, a class 1 notice, under ch. 985, of the names and last-known addresses of the owners of unclaimed moneys, securities, or funds that have a value of at least $20 and are in the treasurer's possession for disposition, and, beginning the week after the class 1 notice, providing a class 2 notice, under ch. 985, that a list of names and last-known addresses of the owners of unclaimed moneys, securities, or funds that have a value of at least $20 and that are in the treasurer's possession for disposition is available on the county's Internet site, on the Wisconsin newspapers legal notices Internet site, as defined in s. 985.01 (7), and at the treasurer's office. If the treasurer provides notice under this subd. 1. b., the treasurer shall make available the list of names and last-known addresses of the owners of unclaimed moneys, securities, or funds that have a value of at least $20 and that are in the treasurer's possession for disposition on the county's Internet site and at the treasurer's office.

Note: Removes unnecessary commas consistent with s. 59.66 (2) (a) 1g. a. and b., as created by 2015 Wis. Act 246.

AB846,28 Section 28. 59.692 (1k) (a) 6. of the statutes, as created by 2015 Wisconsin Act 391, is amended to read:

AB846,11,21 59.692 (1k) (a) 6. Prohibits placement in a shoreland setback area of a device or system authorized under par. (a) 5 (am) 1.

Note: Section 59.692 (1k) (a) 5. was renumbered and amended by 2015 Wis. Act 167 to be s. 59.692 (1k) (am) (intro.) and 1. “Devices" and “systems" are referred to in s. 59.692 (1k) (am) 1., as renumbered.

AB846,29 Section 29. 59.692 (1k) (b) of the statutes, as affected by 2015 Wisconsin Acts 167 and 391, is amended to read:

AB846,12,8 59.692 (1k) (b) A county shoreland zoning ordinance shall allow an activity specified under par. (a) 2. and 2m. to expand the footprint of a nonconforming structure or, a structure listed under sub. (1n) (d), or a structure of which any part is legally located in the shoreland setback area by operation of a variance granted before July 13, 2015, if the expansion is necessary for the structure to comply with applicable state or federal requirements.

Note: Corrects punctuation required by the merger of the treatments by 2015 Wis. Acts 167 and 391.

AB846,30 Section 30 . 60.62 (5) (title) of the statutes, as created by 2015 Wisconsin Act 41, is repealed.

Note: No other subsections in s. 60.62 have titles.

AB846,31 Section 31 . 60.85 (6) (a) (intro.) of the statutes is amended to read:

AB846,13,4 60.85 (6) (a) (intro.) If the joint review board approves the creation of the tax incremental district under sub. (4), and subject to par. (am), positive tax increments with respect to a tax incremental district are allocated to the town which created the district for each year commencing after the date when a project plan is adopted under sub. (3) (g). The department of revenue may not authorize allocation of tax increments until it determines from timely evidence submitted by the town that each of the procedures and documents required under sub. (3) (d) to (f) has been completed and all related notices given in a timely manner. The department of revenue may authorize allocation of tax increments for any tax incremental district only if the town clerk and assessor annually submit to the department all required information on or before the 2nd Monday in June. The facts supporting any document adopted or action taken to comply with sub. (3) (d) to (f) are not subject to review by the department of revenue under this paragraph except as provided under par. (e). After the allocation of tax increments is authorized, the department of revenue shall annually authorize allocation of the tax increment to the town that created the district until the sooner of the following events:

Note: Section 60.85 (6) (e) was repealed by 2015 Wis. Act 257.

AB846,32 Section 32 . 60.85 (9) (d) of the statutes is repealed.

Note: Section 60.85 (9) (d) is without effect following the repeal of s. 60.85 (6) (e) by 2015 Wis. Act 257. Section 60.85 (9) (d) reads:

(d) The secretary of revenue determines that tax increments have been used to pay for ineligible costs and the secretary of revenue orders that the district be terminated under sub. (6) (e) 5. b.

AB846,33 Section 33 . 66.0435 (10) (title) of the statutes is created to read:

AB846,13,7 66.0435 (10) (title) Powers of municipalities.

Note: The other subsections in s. 66.0435 have titles.

AB846,34 Section 34 . 66.0504 (2) (a) of the statutes, as created by 2015 Wisconsin Act 356, is amended to read:

AB846,13,13 66.0504 (2) (a) If a program participant submits a written request to a local clerk that he or she keep the program participant's actual address private, the local clerk may not disclose any record in his or her possession which that would reveal the program participant's actual address, except pursuant to a court order.

Note: Replaces “which" with “that" for consistency with current style.

AB846,35 Section 35 . The treatment of 66.1105 (6) (a) 7. of the statutes by 2015 Wisconsin Act 254 is not repealed by 2015 Wisconsin Act 256. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 66.1105 (6) (a) 7. reads:

7. Twenty years after the tax incremental district is created if the district is created on or after October 1, 2004, and if the district is at least predominantly suitable for mixed-use development or industrial sites under sub. (4) (gm) 6. If the life of the district is extended under sub. (7) (am) 2. an allocation under this subdivision may be made 23 years after such a district is created. If the life of the district is extended under sub. (7) (am) 4., an allocation under this subdivision may be made for not more than an additional 3 years after allocations would otherwise have been terminated under this subdivision. For a tax incremental district created after March 3, 2016, the period during which a tax increment may be allocated under this subdivision shall be increased by one year if that district's project plan is adopted under sub. (4) (g) after September 30 and before May 15.

AB846,36 Section 36 . The treatment of 66.1105 (6) (a) 8. of the statutes by 2015 Wisconsin Act 254 is not repealed by 2015 Wisconsin Act 256. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 66.1105 (6) (a) 8. reads:

8. Twenty-seven years after the tax incremental district is created if the district is created on or after October 1, 2004, and if the district is a district specified under sub. (4) (gm) 6. other than a district specified under subd. 7. If the life of the district is extended under sub. (7) (am) 3. an allocation under this subdivision may be made 30 years after such a district is created. If the life of the district is extended under sub. (7) (am) 4., an allocation under this subdivision may be made for not more than an additional 3 years after allocations would otherwise have been terminated under this subdivision. For a tax incremental district created after March 3, 2016, the period during which a tax increment may be allocated under this subdivision shall be increased by one year if that district's project plan is adopted under sub. (4) (g) after September 30 and before May 15.

AB846,37 Section 37 . The treatment of 66.1105 (7) (ak) 2. of the statutes by 2015 Wisconsin Act 75 is not repealed by 2015 Wisconsin Act 254. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 66.1105 (7) (ak) 2. reads:

2. Except as provided in par. (am) 4., for a district that is created after September 30, 1995, and before October 1, 2004, and that is not subject to subd. 1. or 4., 23 years after the district was created, and, except as provided in subd. 3., for a district that is created before October 1, 1995, 27 years after the district is created.

AB846,38 Section 38 . The treatment of 66.1105 (7) (am) 2. of the statutes by 2015 Wisconsin Act 254 is not repealed by 2015 Wisconsin Act 256. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 66.1105 (7) (am) 2. reads:

2. Except as provided in subd. 4., for a district that is created after September 30, 2004, about which a finding is made under sub. (4) (gm) 4. a. that not less than 50 percent, by area, of the real property within the district is suitable for industrial sites or mixed-use development, 20 years after the district is created, except that the city that created the district may, subject to sub. (8) (e), request that the joint review board extend the life of the district for an additional 3 years. Along with its request for a 3-year extension, the city may provide the joint review board with an independent audit that demonstrates that the district is unable to pay off its project costs within the 20 years after the district is created. The joint review board may deny or approve a request to extend the life of the district for 3 years if the request does not include the independent audit, and the board shall approve a request to extend the life of the district for 3 years if the request includes the audit. If the joint review board extends the district's life, the district shall terminate at the earlier of the end of the extended period or the period specified in par. (a). For a tax incremental district created after March 3, 2016, the termination date for a district to which this subdivision applies shall either be increased by one year beyond the otherwise applicable termination date under this subdivision if that district's project plan is adopted under sub. (4) (g) after September 30 and before May 15, or shall be the period specified in par. (a), whichever is earlier.

AB846,39 Section 39 . The treatment of 66.1105 (7) (am) 3. of the statutes by 2015 Wisconsin Act 254 is not repealed by 2015 Wisconsin Act 256. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 66.1105 (7) (am) 3. reads:

3. Except as provided in subd. 4., for a district that is created after September 30, 2004, about which a finding is made under sub. (4) (gm) 4. a. that not less than 50 percent, by area, of the real property within the district is a blighted area or in need of rehabilitation, 27 years after the district is created, except that the city that created the district may, subject to sub. (8) (e), request that the joint review board extend the life of the district for an additional 3 years. Along with its request for a 3-year extension, the city may provide the joint review board with an independent audit that demonstrates that the district is unable to pay off its project costs within the 27 years after the district is created. The joint review board may deny or approve a request to extend the life of the district for 3 years if the request does not include the independent audit, and the board shall approve a request to extend the life of the district for 3 years if the request includes the audit. If the joint review board extends the district's life, the district shall terminate at the earlier of the end of the extended period or the period specified in par. (a). For a tax incremental district created after March 3, 2016, the termination date for a district to which this subdivision applies shall either be increased by one year beyond the otherwise applicable termination date under this subdivision if that district's project plan is adopted under sub. (4) (g) after September 30 and before May 15, or shall be the period specified in par. (a), whichever is earlier.

AB846,40 Section 40 . 77.255 of the statutes, as affected by 2015 Wisconsin Acts 145 and 216, is amended to read:

AB846,15,6 77.255 Exemptions from return. No return is required with respect to a conveyance exempt under s. 77.25 (1), or (10m),.