AB846: Bill Text

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 The treatment of 49.32 (1) (a) of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 381.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),.

Note: As a result of the treatment by 2015 Wis. Act 145, the first comma inserted by 2015 Wis. Act 216 is replaced with “or" and the second comma inserted by Act 216, which is unnecessary, is removed.

AB846,41 Section 41 . The treatment of 77.52 (7) of the statutes by 2015 Wisconsin Act 84 is not repealed by 2015 Wisconsin Act 216. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 77.52 (7) (a), as renumbered from s. 77.52 (7) by 2015 Wis. Act 84, reads:

(a) Except as provided in par. (b), every person desiring to operate as a seller within this state who holds a valid certificate under s. 73.03 (50) shall file with the department an application for a permit for each place of operations. Every application for a permit shall be made upon a form prescribed by the department and shall set forth the name under which the applicant intends to operate, the location of the applicant's place of operations, and the other information that the department requires. If an owner elects under s. 77.58 (3) (a) to file a separate electronic return for each of the owner's disregarded entities, each disregarded entity is an applicant under this subsection. Except as provided in sub. (7b), the application shall be signed by the owner if a sole proprietor; in the case of sellers other than sole proprietors, the application shall be signed by the person authorized to act on behalf of such sellers. A nonprofit organization that has a sales price taxable under s. 77.54 (7m) shall obtain a seller's permit and pay taxes under this subchapter on all taxable sales prices received after it is required to obtain that permit. If that organization becomes eligible later for the exemption under s. 77.54 (7m) except for its possession of a seller's permit, it may surrender that permit.

AB846,42 Section 42 . 84.01 (35) (title) of the statutes is created to read:

AB846,16,2 84.01 (35) (title) Bikeways and pedestrian ways.

Note: The other subsections in s. 84.01 have titles.

AB846,43 Section 43 . 84.31 (2) (am) of the statutes is repealed.

Note: Removes unnecessary definition. Section 84.31 (2) (am) defines “department” as it is used in s. 84.31 to mean the department of transportation, but s. 84.001 (1) provides the same definition of “department” for all of ch. 84.

AB846,44 Section 44 . 93.90 (1) (title) of the statutes is created to read:

AB846,16,5 93.90 (1) (title) Statewide concern.

Note: All other subsections of s. 93.90 have titles.

AB846,45 Section 45 . The treatment of 97.29 (1) (h) of the statutes by 2015 Wisconsin Act 55 and 2015 Wisconsin Act 242, sections 28, 30 and 31 are not repealed by 2015 Wisconsin Act 242, section 29. All treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 97.29 (1) (h) reads:

(h) “Food processing plant" means any place used primarily for food processing, where the processed food is not intended to be sold or distributed directly to a consumer. “Food processing plant" does not include any of the following:

1. A retail food establishment if the food processing activities at that establishment are authorized by a license issued under s. 97.30.

2. A restaurant or other establishment where meals are prepared or processed for retail sale directly to consumers or through vending machines if the food processing activities at that establishment are authorized by a license issued under s. 97.605.

3. An establishment covered by a license or permit under ch. 125 to sell alcohol beverages if the food processing activities related to alcohol beverages at that establishment are limited to preparing individual servings of alcohol beverages that are sold on the premises in accordance with the terms of the establishment's license or permit under ch. 125.

4. A dairy plant if the food processing activities at that plant are authorized by a license issued under s. 97.20.

5. A meat or poultry establishment if the food processing activities at that establishment are authorized by a license issued under s. 97.42 or are authorized under 21 USC 451 to 472 or 21 USC 601 to 695.

6. An egg products plant if the food processing activities at that establishment are inspected by the federal department of agriculture under 21 USC 1031 to 1056.

7. A dairy farm and milking operation licensed under s. 97.22 that produces milk for shipment to a dairy plant licensed under s. 97.20 or under the equivalent laws of another state.

8. A place used by a beekeeper solely for extracting honey from the comb or producing and selling raw honey or raw bee products.

9. A place used solely for washing or packaging fresh or otherwise unprocessed fruits or vegetables.

10. A place used by a nonprofit organization solely for receiving and salvaging distressed food pursuant to the organization's purposes if the organization is described in section 501 (c) (3) of the Internal Revenue Code and is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

11. A place on a farm used by an egg producer solely for handling, cleaning, or packaging whole eggs, including nest-run eggs, that are produced as allowed under s. 97.28 (2).

12. A place used solely for producing and packaging maple syrup or concentrated maple sap for sale directly to consumers or to a food processing plant licensed under this section if those sales do not exceed $5,000 in any 12-month period.

13. Any other place exempted by the department by rule.

AB846,46 Section 46 . The treatment of 97.42 (3) (em) of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 243. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 97.42 (3) (em) reads:

(em) Slaughter of farm-raised deer. The requirements of pars. (a) and (b) do not apply to the slaughter of a farm-raised deer if its meat products are not sold by an operator of a retail food establishment, as defined under s. 97.30 (1) (c). The operator of an establishment in which farm-raised deer or their meat products are examined and inspected under this subsection shall pay the department for the cost of the department's examination and inspection.

AB846,47 Section 47 . 101.111 (7) of the statutes is repealed.

Note: Deletes obsolete transition provision. Section 101.111 requires protection of adjoining buildings from all excavations made after January 1, 1978, except excavations made under contracts awarded on or before January 1, 1978.

AB846,48 Section 48 . 101.583 (1m) (title) of the statutes is created to read:

AB846,17,5 101.583 (1m) (title) Small employers.

Note: The other subsections in s. 101.583 have titles.

AB846,49 Section 49 . 101.63 (1) (intro.) of the statutes, as affected by 2015 Wisconsin Acts 49 and 55, is amended to read:

AB846,18,15 101.63 (1) (intro.) Adopt rules which establish standards for the construction and inspection of one- and 2-family dwellings and components thereof. The rules shall include separate standards, established in consultation with the uniform dwelling code council, that apply only to the construction and inspection of camping units that are set in a fixed location in a campground for which a permit is issued under s. 254.47 97.67, that contain a sleeping place, and that are used for seasonal overnight camping. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s. 145.01 (10). No set of rules may be adopted which has not taken into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Rules promulgated under this subsection do not apply to a bed and breakfast establishment, as defined under s. 97.01 (1g), except that the rules apply to all of the following:

Note: The “dwelling code council" was renamed the “uniform dwelling code council" by 2015 Wis. Act 29. The reference to s. 254.47 was inserted by 2015 Wis. Act 49. Section 254.47 was renumbered to s. 97.67 by 2015 Wis. Act 55.

AB846,50 Section 50 . 108.02 (19) of the statutes is amended to read:

AB846,18,20 108.02 (19) Nonprofit organizations. A “nonprofit “Nonprofit organization" is means an organization described in section 501 (c) (3) of the internal revenue code which Internal Revenue Code that is exempt from federal income tax under section 501 (a) of the internal revenue code Internal Revenue Code.

Note: Conforms terminology and capitalization to current style.

AB846,51 Section 51 . 108.10 (4) of the statutes, as affected by 2015 Wisconsin Acts 180 and 334, is amended to read:

AB846,19,13 108.10 (4) The employing unit may commence an action for the judicial review of a commission decision under this section, provided the employing unit has exhausted the remedies provided under this section. The department may commence an action for the judicial review of a commission decision under this section, but the department is not required to have been a party to the proceedings before the commission or to have exhausted the remedies provided under this section. In an action commenced under this section by a party that is not the department, the department shall be a defendant and shall be named as a party in the complaint commencing the action. If a plaintiff fails to name either the department or the commission as defendants and serve them as required under s. 108.09 (7), the court shall dismiss the action. The scope of judicial review, and the manner thereof insofar as applicable, shall be the same as that provided in s. 108.09 (7). a defendant defendant summons and

Note: The stricken language was inserted by 2015 Wis. Act 180, but rendered without effect by the treatment by 2015 Wis. Act 334.