Date of enactment: May 15, 2009
2009 Assembly Bill 255 Date of publication*: May 18, 2009
* Section 991.11, Wisconsin Statutes 2007-08 : 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].
2009 WISCONSIN ACT 11
An Act to repeal 108.04 (7) (s) 2. c.; to renumber and amend 66.0627 (1), 71.07 (3w) (bm), 71.28 (3w) (bm), 71.47 (3w) (bm) and 560.799 (3) (b); to amend 16.27 (5) (b), 16.957 (1) (m), 20.002 (11) (b) 2., 49.265 (1) (b), 66.0627 (title), 66.0627 (7) (intro.), 70.57 (4) (b) (intro.), 71.07 (3w) (a) 3., 71.07 (3w) (b) 1. a., 71.07 (3w) (b) 1. b., 71.07 (3w) (b) 2., 71.07 (3w) (b) 3., 71.07 (3w) (b) 5., 71.28 (3w) (a) 3., 71.28 (3w) (b) 1. a., 71.28 (3w) (b) 1. b., 71.28 (3w) (b) 2., 71.28 (3w) (b) 3., 71.28 (3w) (b) 5., 71.47 (3w) (a) 3., 71.47 (3w) (b) 1. a., 71.47 (3w) (b) 1. b., 71.47 (3w) (b) 2., 71.47 (3w) (b) 3., 71.47 (3w) (b) 5., 79.05 (2) (c), 108.04 (7) (c), 108.04 (7) (h), 108.04 (7) (s) 1. a. and b., 108.04 (7) (s) 2. a., 108.06 (1), 108.06 (2) (c) and (cm), (3) and (6) (intro.), 108.14 (8n) (e), 108.141 (1) (a) and (b) 2., 108.141 (7) (a), 118.125 (2) (g) 2., 149.10 (2t) (e), 560.799 (3) (a) and 632.746 (3) (b); to repeal and recreate 49.265 (1) (b), 108.04 (7) (s) 2. b., 108.141 (1) (e), 108.141 (1) (f) and 108.141 (5); and to create 20.255 (2) (p), 20.505 (6) (n), 66.0627 (1) (a), 66.0627 (1) (b), 66.0627 (8), 71.07 (3w) (a) 5d., 71.07 (3w) (a) 5e., 71.07 (3w) (bm) 2., 71.28 (3w) (a) 5d., 71.28 (3w) (a) 5e., 71.28 (3w) (bm) 2., 71.47 (3w) (a) 5d., 71.47 (3w) (a) 5e., 71.47 (3w) (bm) 2., 108.04 (7) (s) 1. bn., d. and e., 108.04 (7) (t), 108.06 (7), 108.141 (1) (b) 2m., 108.141 (1) (dm), 560.799 (1) (am), 560.799 (3) (bm), 560.799 (5) (d) and 560.799 (6) (g) of the statutes; relating to: eligibility for unemployment insurance benefits and payment of extended benefits; excluding recovery and reinvestment act moneys from the calculation of expenditure restraint payments; eligibility for participation in the programs of a community action agency; financial assistance under the Clean Water Fund Program and the Safe Drinking Water Loan Program; the confidentiality of pupil records provided to the Department of Public Instruction; financial assistance for criminal justice programs; authorizing political subdivisions to make residential energy efficiency improvement loans and impose special charges for the loans; definition of low-income household under energy and weatherization assistance programs; eligibility and notice changes for state continuation of coverage for health insurance; changes to enterprise zone jobs credits; state aid to school districts; providing an exemption from emergency rule procedures; granting rule-making authority; and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
11,1 Section 1. 16.27 (5) (b) of the statutes is amended to read:
16.27 (5) (b) A household with income which is not more than 150% of the income poverty guidelines for the nonfarm population of the United States as prescribed by the federal office of management and budget under 42 USC 9902 (2) 60 percent of the statewide median household income.
11,2 Section 2. 16.957 (1) (m) of the statutes is amended to read:
16.957 (1) (m) "Low-income household" means any individual or group of individuals in this state who are living together as one economic unit and for whom residential electricity is customarily purchased in common or who make undesignated payments for electricity in the form of rent, and whose household income is not more than 150% of the poverty line as determined under 42 USC 9902 (2) 60 percent of the statewide median household income.
11,2p Section 2p. 20.002 (11) (b) 2. of the statutes is amended to read:
20.002 (11) (b) 2. Except as provided in subd. 3, the secretary of administration shall limit the total amount of any temporary reallocations to the general fund at any one time during a fiscal year to an amount equal to 5% of the total amounts shown in the schedule under s. 20.005 (3) of appropriations of general purpose revenues, calculated by the secretary as of that time and for that fiscal year. During the 2008-09 fiscal year, the amount that may be reallocated under this subdivision may not exceed 7 percent of such revenues.
11,2r Section 2r. 20.255 (2) (p) of the statutes is created to read:
20.255 (2) (p) Federal aids; state allocations. All federal moneys received, as authorized by the governor, from allocations from the state fiscal stabilization fund that are distributed to school districts as general equalization aid.
11,3 Section 3. 20.505 (6) (n) of the statutes is created to read:
20.505 (6) (n) Federal aid; criminal justice. All moneys received from the federal government pursuant to P.L. 111-5 for criminal justice programs to carry out the purpose for which received.
11,4 Section 4. 49.265 (1) (b) of the statutes is amended to read:
49.265 (1) (b) "Poor person" means a resident of a community served by a community action agency, whose income is at or below 125% 200 percent of the poverty line.
11,5 Section 5. 49.265 (1) (b) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:
49.265 (1) (b) "Poor person" means a resident of a community served by a community action agency whose income is at or below 125 percent of the poverty line.
11,6 Section 6. 66.0627 (title) of the statutes is amended to read:
66.0627 (title) Special charges for current services and energy efficiency improvement loans.
11,7 Section 7. 66.0627 (1) of the statutes is renumbered 66.0627 (1) (intro.) and amended to read:
66.0627 (1) (intro.) In this section, "service":
(c) "Service" includes snow and ice removal, weed elimination, street sprinkling, oiling and tarring, repair of sidewalks or curb and gutter, garbage and refuse disposal, recycling, storm water management, including construction of storm water management facilities, tree care, removal and disposition of dead animals under s. 60.23 (20), loan repayment under s. 70.57 (4) (b), soil conservation work under s. 92.115, and snow removal under s. 86.105.
11,8 Section 8. 66.0627 (1) (a) of the statutes is created to read:
66.0627 (1) (a) "Energy efficiency improvement" means an improvement to a residential premises that reduces the usage of energy, or increases the efficiency of energy usage, at the premises.
11,9 Section 9. 66.0627 (1) (b) of the statutes is created to read:
66.0627 (1) (b) "Political subdivision" means a city, village, town, or county.
11,10 Section 10. 66.0627 (7) (intro.) of the statutes is amended to read:
66.0627 (7) (intro.) Notwithstanding sub. (2), no city, village, town, or county political subdivision may enact an ordinance, or enforce an existing ordinance, that imposes a fee on the owner or occupant of property for a call for assistance that is made by the owner or occupant requesting law enforcement services that relate to any of the following:
11,11 Section 11. 66.0627 (8) of the statutes is created to read:
66.0627 (8) A political subdivision may make a loan to a resident of the political subdivision for making or installing an energy efficiency improvement or a renewable resource application to the resident's residential property. If a political subdivision makes such a loan, the political subdivision may collect the loan repayment as a special charge under this section. Notwithstanding the provisions of sub. (4), a special charge imposed under this subsection may be collected in installments and may be included in the current or next tax roll for collection and settlement under ch. 74 even if the special charge is not delinquent.
11,12 Section 12. 70.57 (4) (b) (intro.) of the statutes is amended to read:
70.57 (4) (b) (intro.) A taxation district receiving payments under par. (a) shall use the payments to make loans to persons who own property located in the taxation district and who are paying more property taxes than they should be as a result of the error. A person may receive a loan by applying, in the manner prescribed by the department, to the taxation district in which the person's property is located no later than June 15 of the year following the error. The state shall collect the amount of any loan issued under this paragraph as a state special charge against the taxation district for the year after the year in which the error occurred and the special charge shall not be included in the taxation district's levy. The taxation district shall assess the loan amount as a special charge against the property for which the loan was made on the property tax bill succeeding the loan, as provided under ch. 74 and s. 66.0627 (1) (c). Except for interest and penalties, as provided under s. 74.47, that apply to any delinquent special charge based on the loan amount, neither the department nor the taxation district may charge interest on any loan issued under this paragraph. The maximum loan amount that a person may receive under this paragraph shall be calculated by multiplying the assessed value of the person's property by a decimal determined by the department as follows:
11,13 Section 13. 71.07 (3w) (a) 3. of the statutes is amended to read:
71.07 (3w) (a) 3. "Full-time employee" means an individual who is employed in a regular, nonseasonal job and who, as a condition of employment, is required to work at least 2,080 hours per year, including paid leave and holidays a full-time employee, as defined in s. 560.799 (1) (am).
11,14 Section 14. 71.07 (3w) (a) 5d. of the statutes is created to read:
71.07 (3w) (a) 5d. "Tier I county or municipality" means a tier I county or municipality, as determined by the department of commerce under s. 560.799.
11,15 Section 15. 71.07 (3w) (a) 5e. of the statutes is created to read:
71.07 (3w) (a) 5e. "Tier II county or municipality" means a tier II county or municipality, as determined by the department of commerce under s. 560.799.
11,16 Section 16. 71.07 (3w) (b) 1. a. of the statutes is amended to read:
71.07 (3w) (b) 1. a. The number of full-time employees whose annual wages are greater than $20,000 in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the enterprise zone in the taxable year, minus the number of full-time employees whose annual wages were greater than $20,000 in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the area that comprises the enterprise zone in the base year.
11,17 Section 17. 71.07 (3w) (b) 1. b. of the statutes is amended to read:
71.07 (3w) (b) 1. b. The number of full-time employees whose annual wages are greater than $20,000 in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the state in the taxable year, minus the number of full-time employees whose annual wages were greater than $20,000 in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the state in the base year.
11,18 Section 18. 71.07 (3w) (b) 2. of the statutes is amended to read:
71.07 (3w) (b) 2. Determine the claimant's average zone payroll by dividing total wages for full-time employees whose annual wages are greater than $20,000 in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the enterprise zone in the taxable year by the number of full-time employees whose annual wages are greater than $20,000 in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the enterprise zone in the taxable year.
11,19 Section 19. 71.07 (3w) (b) 3. of the statutes is amended to read:
71.07 (3w) (b) 3. Subtract For employees in a tier I county or municipality, subtract $20,000 from the amount determined under subd. 2. and for employees in a tier II county or municipality, subtract $30,000 from the amount determined under subd. 2.
11,20 Section 20. 71.07 (3w) (b) 5. of the statutes is amended to read:
71.07 (3w) (b) 5. Multiply the amount determined under subd. 4. by the percentage determined by the department of commerce under s. 560.799, not to exceed 7 percent.
11,21 Section 21. 71.07 (3w) (bm) of the statutes is renumbered 71.07 (3w) (bm) 1. and amended to read:
71.07 (3w) (bm) 1. In addition to the credit credits under par. (b) and subd. 2., and subject to the limitations provided in this subsection and s. 560.799, a claimant may claim as a credit against the tax imposed under s. 71.02 or 71.08 an amount equal to a percentage, as determined by the department of commerce, not to exceed 100 percent, of the amount the claimant paid in the taxable year to upgrade or improve the job-related skills of any of the claimant's full-time employees, to train any of the claimant's full-time employees on the use of job-related new technologies, or to provide job-related training to any full-time employee whose employment with the claimant represents the employee's first full-time job. This subdivision does not apply to employees who do not work in an enterprise zone.
11,22 Section 22. 71.07 (3w) (bm) 2. of the statutes is created to read:
71.07 (3w) (bm) 2. In addition to the credits under par. (b) and subd. 1., and subject to the limitations provided in this subsection and s. 560.799, a claimant may claim as a credit against the tax imposed under s. 71.02 or 71.08 an amount equal to the percentage, as determined by the department of commerce under s. 560.799, not to exceed 7 percent, of the claimant's zone payroll paid in the taxable year to all of the claimant's full-time employees whose annual wages are greater than $20,000 in a tier I county or municipality, not including the wages paid to the employees determined under par. (b) 1., or greater than $30,000 in a tier II county or municipality, not including the wages paid to the employees determined under par. (b) 1., and who the claimant employed in the enterprise zone in the taxable year, if the total number of such employees is equal to or greater than the total number of such employees in the base year. A claimant may claim a credit under this subdivision for no more than 5 consecutive taxable years.
11,23 Section 23. 71.28 (3w) (a) 3. of the statutes is amended to read:
71.28 (3w) (a) 3. "Full-time employee" means an individual who is employed in a regular, nonseasonal job and who, as a condition of employment, is required to work at least 2,080 hours per year, including paid leave and holidays a full-time employee, as defined in s. 560.799 (1) (am).
11,24 Section 24. 71.28 (3w) (a) 5d. of the statutes is created to read:
71.28 (3w) (a) 5d. "Tier I county or municipality" means a tier I county or municipality, as determined by the department of commerce under s. 560.799.
11,25 Section 25. 71.28 (3w) (a) 5e. of the statutes is created to read:
71.28 (3w) (a) 5e. "Tier II county or municipality" means a tier II county or municipality, as determined by the department of commerce under s. 560.799.
11,26 Section 26. 71.28 (3w) (b) 1. a. of the statutes is amended to read:
71.28 (3w) (b) 1. a. The number of full-time employees whose annual wages are greater than $20,000 in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the enterprise zone in the taxable year, minus the number of full-time employees whose annual wages were greater than $20,000 in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the area that comprises the enterprise zone in the base year.
11,27 Section 27. 71.28 (3w) (b) 1. b. of the statutes is amended to read:
71.28 (3w) (b) 1. b. The number of full-time employees whose annual wages are greater than $20,000 in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the state in the taxable year, minus the number of full-time employees whose annual wages were greater than $20,000 in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the state in the base year.
11,28 Section 28. 71.28 (3w) (b) 2. of the statutes is amended to read:
71.28 (3w) (b) 2. Determine the claimant's average zone payroll by dividing total wages for full-time employees whose annual wages are greater than $20,000 in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the enterprise zone in the taxable year by the number of full-time employees whose annual wages are greater than $20,000 in a tier I county or municipality or greater than $30,000 in a tier II county or municipality and who the claimant employed in the enterprise zone in the taxable year.
11,29 Section 29. 71.28 (3w) (b) 3. of the statutes is amended to read:
71.28 (3w) (b) 3. Subtract For employees in a tier I county or municipality, subtract $20,000 from the amount determined under subd. 2. and for employees in a tier II county or municipality, subtract $30,000 from the amount determined under subd. 2.
11,30 Section 30. 71.28 (3w) (b) 5. of the statutes is amended to read:
71.28 (3w) (b) 5. Multiply the amount determined under subd. 4. by the percentage determined by the department of commerce under s. 560.799, not to exceed 7 percent.
11,31 Section 31. 71.28 (3w) (bm) of the statutes is renumbered 71.28 (3w) (bm) 1. and amended to read:
71.28 (3w) (bm) 1. In addition to the credit credits under par. (b) and subd. 2., and subject to the limitations provided in this subsection and s. 560.799, a claimant may claim as a credit against the tax imposed under s. 71.23 an amount equal to a percentage, as determined by the department of commerce, not to exceed 100 percent, of the amount the claimant paid in the taxable year to upgrade or improve the job-related skills of any of the claimant's full-time employees, to train any of the claimant's full-time employees on the use of job-related new technologies, or to provide job-related training to any full-time employee whose employment with the claimant represents the employee's first full-time job. This subdivision does not apply to employees who do not work in an enterprise zone.
11,32 Section 32. 71.28 (3w) (bm) 2. of the statutes is created to read:
71.28 (3w) (bm) 2. In addition to the credits under par. (b) and subd. 1., and subject to the limitations provided in this subsection and s. 560.799, a claimant may claim as a credit against the tax imposed under s. 71.23 an amount equal to the percentage, as determined by the department of commerce under s. 560.799, not to exceed 7 percent, of the claimant's zone payroll paid in the taxable year to all of the claimant's full-time employees whose annual wages are greater than $20,000 in a tier I county or municipality, not including the wages paid to the employees determined under par. (b) 1., or greater than $30,000 in a tier II county or municipality, not including the wages paid to the employees determined under par. (b) 1., and who the claimant employed in the enterprise zone in the taxable year, if the total number of such employees is equal to or greater than the total number of such employees in the base year. A claimant may claim a credit under this subdivision for no more than 5 consecutive taxable years.
11,33 Section 33. 71.47 (3w) (a) 3. of the statutes is amended to read:
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