Amendment SSA1-SB40

SB40-SSA1, s. 1872 Section 1872. 62.23 (7) (i) 6. of the statutes is amended to read:

SB40-SSA1,832,8 62.23 (7) (i) 6. The department of health and family services shall designate a single subunit within the that department to maintain appropriate records indicating the location and number of persons served by each community living arrangement for adults, and such information shall be available to the public. The department of children and families shall designate a single subunit within that department to maintain appropriate records indicating the location and number of persons served by each community living arrangement for children, and such information shall be available to the public.

SB40-SSA1, s. 1873 Section 1873. 62.23 (7) (i) 8. of the statutes is amended to read:

SB40-SSA1,832,12 62.23 (7) (i) 8. The attorney general shall take all necessary action, upon the request of the department of health and family services or the department of children and families, to enforce compliance with this paragraph.

SB40-SSA1, s. 1874 Section 1874. 66.0137 (3) of the statutes is amended to read:

SB40-SSA1,832,17 66.0137 (3) Health insurance for unemployed persons. Any city, village, town, or county may purchase health or dental insurance for unemployed persons residing in the city, village, town, or county who are not eligible for medical assistance under s. 49.46, 49.468 or, 49.47, or 49.471 (4) (a) or (b).

SB40-SSA1, s. 1875m Section 1875m. 66.0203 (11) of the statutes is created to read:

SB40-SSA1,832,24 66.0203 (11) Town of Ledgeview in Brown County may become a village. (a) The town of Ledgeview, in Brown County, may become a village if the town holds, and approves, an incorporation referendum as described in s. 66.0211 (3). None of the other procedures contained in ss. 66.0201 to 66.0213 need to be fulfilled, and no approval by the department's incorporation review board under s. 66.0207 is necessary for the town to become a village.

SB40-SSA1,833,4 (b) The town of Ledgeview, in Brown County, shall enter into a boundary agreement with the city of De Pere, under s. 66.0307, except that the agreement need not be completed before the town holds a referendum on incorporation, as described in s. 66.0211 (3).

SB40-SSA1, s. 1875p Section 1875p. 66.0229 of the statutes is renumbered 66.0229 (1).

SB40-SSA1, s. 1875r Section 1875r. 66.0229 (1) (title) of the statutes is created to read:

SB40-SSA1,833,7 66.0229 (1) (title) General procedures.

SB40-SSA1, s. 1875s Section 1875s. 66.0229 (2) of the statutes is created to read:

SB40-SSA1,833,15 66.0229 (2) Town of Rochester in Racine county and the village of Rochester may consolidate. The town of Rochester, in Racine County, and the village of Rochester may consolidate if all of the procedures contained sub. (1) are fulfilled, except that the consolidation ordinance need not be submitted to the circuit court for a determination and the department of administration for a public interest finding, as otherwise required, and the consolidation may be completed without any circuit court determination or department of administration findings.

SB40-SSA1, s. 1875t Section 1875t. 66.0230 (1) (a) of the statutes is amended to read:

SB40-SSA1,833,21 66.0230 (1) (a) In addition to the method described in s. 66.0229 (1) and subject to subs. (2), (3), and (4) and to s. 66.0307 (7), all or part of a town may consolidate with a contiguous city or village by ordinance passed by a two-thirds vote of all of the members of each board or council and ratified by the electors at a referendum held in each municipality.

SB40-SSA1, s. 1876 Section 1876. 66.0301 (1) (a) of the statutes is amended to read:

SB40-SSA1,834,9 66.0301 (1) (a) In this section "municipality" means the state or any department or agency thereof, or any city, village, town, county, school district, public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70 (2), local exposition district created under subch. II of ch. 229, local professional baseball park district created under subch. III of ch. 229, local professional football stadium district created under subch. IV of ch. 229, a local cultural arts district created under subch. V of ch. 229, family long-term care district under s. 46.2895, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district, regional planning commission, or city-county health department.

SB40-SSA1, s. 1877 Section 1877. 66.0601 (1) (b) of the statutes is amended to read:

SB40-SSA1,834,15 66.0601 (1) (b) Payments for abortions restricted. No city, village, town, family long-term care district under s. 46.2895 or agency or subdivision of a city, village or town may authorize funds for or pay to a physician or surgeon or a hospital, clinic or other medical facility for the performance of an abortion except those permitted under and which are performed in accordance with s. 20.927.

SB40-SSA1, s. 1878 Section 1878. 66.0601 (1) (c) of the statutes is amended to read:

SB40-SSA1,834,21 66.0601 (1) (c) Payments for abortion-related activity restricted. No city, village, town, family long-term care district under s. 46.2895 or agency or subdivision of a city, village or town may authorize payment of funds for a grant, subsidy or other funding involving a pregnancy program, project or service if s. 20.9275 (2) applies to the pregnancy program, project or service.

SB40-SSA1, s. 1879 Section 1879. 66.0602 (1) (am) of the statutes is created to read:

SB40-SSA1,834,25 66.0602 (1) (am) "Joint fire department" means a joint fire department organized under s. 61.65 (2) (a) 3. or 62.13 (2m), or a joint fire department organized by any combination of 2 or more cities, villages, or towns under s. 66.0301 (2).

SB40-SSA1, s. 1880 Section 1880. 66.0602 (1) (b) of the statutes is amended to read:

SB40-SSA1,835,4 66.0602 (1) (b) "Penalized excess" means the levy , in an amount that is at least $500 over the limit under sub. (2) for the political subdivision, not including any amount that is excepted from the limit under subs. (3), (4), and (5).

SB40-SSA1, s. 1881 Section 1881. 66.0602 (1) (d) of the statutes is amended to read:

SB40-SSA1,835,13 66.0602 (1) (d) "Valuation factor" means a percentage equal to the greater of either 4 percent or the percentage change in the political subdivision's January 1 equalized value due to new construction less improvements removed between the previous year and the current year, but not less than 2. Except as provided in subs. (3), (4), and (5), no political subdivision may increase its levy in any year by a percentage that exceeds the political subdivision's valuation factor. In determining its levy in any year, a city, village, or town shall subtract any tax increment that is calculated under s. 60.85 (1) (L) or 66.1105 (2) (i).

SB40-SSA1, s. 1882 Section 1882. 66.0602 (2) of the statutes is created to read:

SB40-SSA1,835,21 66.0602 (2) Levy limit. Except as provided in subs. (3), (4), and (5), no political subdivision may increase its levy in 2007 or 2008 by a percentage that exceeds the political subdivision's valuation factor. The base amount in any year, to which the limit under this section applies, shall be the maximum allowable levy for the immediately preceding year. In determining its levy in any year, a city, village, town, or county shall subtract any tax increment that is calculated under s. 59.57 (3) (a), 60.85 (1) (L), or 66.1105 (2) (i).

SB40-SSA1, s. 1884 Section 1884. 66.0602 (3) (e) of the statutes is renumbered 66.0602 (3) (e) (intro.) and amended to read:

SB40-SSA1,836,3 66.0602 (3) (e) (intro.) The limit otherwise applicable under this section does not apply to the amount that a county levies in that year for a county children with disabilities education board. any of the following:

SB40-SSA1, s. 1885 Section 1885. 66.0602 (3) (e) 1. of the statutes is created to read:

SB40-SSA1,836,6 66.0602 (3) (e) 1. The amount that a county levies in that year for a county children with disabilities education board.

SB40-SSA1, s. 1886 Section 1886. 66.0602 (3) (e) 2. of the statutes is created to read:

SB40-SSA1,836,9 66.0602 (3) (e) 2. The amount that a 1st class city levies in that year for school purposes.

SB40-SSA1, s. 1887 Section 1887. 66.0602 (3) (e) 3. of the statutes is created to read:

SB40-SSA1,836,12 66.0602 (3) (e) 3. The amount that a county levies in that year under s. 82.08 (2) for bridge and culvert construction and repair.

SB40-SSA1, s. 1888 Section 1888. 66.0602 (3) (e) 4. of the statutes is created to read:

SB40-SSA1,836,15 66.0602 (3) (e) 4. The amount that a county levies in that year to make payments to public libraries under s. 43.12.

SB40-SSA1, s. 1889 Section 1889. 66.0602 (3) (e) 5. of the statutes is created to read:

SB40-SSA1,836,19 66.0602 (3) (e) 5. The amount that a political subdivision levies in that year to make up any revenue shortfall for the debt service on a revenue bond issued under s. 66.0621.

SB40-SSA1, s. 1890 Section 1890. 66.0602 (3) (f) of the statutes is repealed.

SB40-SSA1, s. 1891 Section 1891. 66.0602 (3) (h) 1. of the statutes is amended to read:

SB40-SSA1,837,2 66.0602 (3) (h) 1. Subject to subd. 2., the limit otherwise applicable under this section does not apply to the amount that a city, village, or town levies in that year to pay for charges assessed by a joint fire department organized under s. 61.65 (2) (a) 3. or 62.13 (2m), but only to the extent that the amount levied to pay for such charges would cause the city, village, or town to exceed the limit that is otherwise applicable under this section.

SB40-SSA1, s. 1892 Section 1892. 66.0602 (4) (a) of the statutes is amended to read:

SB40-SSA1,837,15 66.0602 (4) (a) A political subdivision may exceed the levy increase limit under sub. (2) if its governing body adopts a resolution to that effect and if the resolution is approved in a referendum. The resolution shall specify the proposed amount of increase in the levy beyond the amount that is allowed under sub. (2), and shall specify whether the proposed amount of increase is for the next fiscal year only or if it will apply on an ongoing basis. With regard to a referendum relating to the 2005 levy, or any levy in an odd-numbered year thereafter, the political subdivision may call a special referendum for the purpose of submitting the resolution to the electors of the political subdivision for approval or rejection. With regard to a referendum relating to the 2006 levy, or any levy in an even-numbered year thereafter, the referendum shall be held at the next succeeding spring primary or election or September primary or general election.

SB40-SSA1, s. 1893 Section 1893. 66.0602 (4) (d) of the statutes is amended to read:

SB40-SSA1,837,23 66.0602 (4) (d) Within 14 days after the referendum, the clerk of the political subdivision shall certify the results of the referendum to the department of revenue. The levy increase limit otherwise applicable to the political subdivision under this section is increased in the next fiscal year by the percentage approved by a majority of those voting on the question. If the resolution specifies that the increase is for one year only, the amount of the increase shall be subtracted from the base used to calculate the limit for the 2nd succeeding fiscal year.

SB40-SSA1, s. 1894 Section 1894. 66.0602 (5) of the statutes is amended to read:

SB40-SSA1,838,9 66.0602 (5) Exception, certain towns. A town with a population of less than 2,000 may exceed the levy increase limit otherwise applicable under this section to the town if the town board adopts a resolution supporting an increase and places the question on the agenda of an annual town meeting or a special town meeting and if the annual or special town meeting adopts a resolution endorsing the town board's resolution. The limit otherwise applicable to the town under this section is increased in the next fiscal year by the percentage approved by a majority of those voting on the question. Within 14 days after the adoption of the resolution, the town clerk shall certify the results of the vote to the department of revenue.

SB40-SSA1, s. 1895 Section 1895. 66.0602 (6) (intro.) of the statutes is amended to read:

SB40-SSA1,838,13 66.0602 (6) Penalties. (intro.) If Except as provided in sub. (6m), if the department of revenue determines that a political subdivision has a penalized excess in any year, the department of revenue shall do all of the following:

SB40-SSA1, s. 1896 Section 1896. 66.0602 (6) (c) of the statutes is amended to read:

SB40-SSA1,838,17 66.0602 (6) (c) Ensure that the amount of the penalized excess is not included in determining the limit described under sub. (2) for the political subdivision for the following year.

SB40-SSA1, s. 1897 Section 1897. 66.0602 (6) (d) of the statutes is created to read:

SB40-SSA1,838,22 66.0602 (6) (d) Ensure that, if a political subdivision's penalized excess exceeds the amount of aid payment that may be reduced under par. (a), the excess amount is subtracted from the aid payments under par. (a) in the following years until the total amount of penalized excess is subtracted from the aid payments.

SB40-SSA1, s. 1898 Section 1898. 66.0602 (6m) of the statutes is created to read:

SB40-SSA1,839,2 66.0602 (6m) Mistakes in levies. The department of revenue may issue a finding that a political subdivision is not liable for a penalty that would otherwise be imposed under sub. (6) if the department determines that the political subdivision's penalized excess is caused by one of the following clerical errors:

SB40-SSA1,839,6 (a) The department, through mistake or inadvertence, has assessed to any county or taxation district, in the current year or in the previous year, a greater or less valuation for any year than should have been assessed, causing the political subdivision's levy to be erroneous in a way that directly causes a penalized excess.

SB40-SSA1,839,9 (b) A taxation district clerk or a county clerk, through mistake or inadvertence in preparing or delivering the tax roll, causes a political subdivision's levy to be erroneous in a way that directly causes a penalized excess.

SB40-SSA1, s. 1899 Section 1899. 66.0602 (7) of the statutes is repealed.

SB40-SSA1, s. 1901m Section 1901m. 66.0615 (1m) (e) 3. of the statutes is created to read:

SB40-SSA1,839,14 66.0615 (1m) (e) 3. A district adopting a resolution to impose the taxes under subd. 1. or 2. shall deliver a certified copy of the resolution to the secretary of revenue at least 120 days before its effective date.

SB40-SSA1, s. 1902 Section 1902. 66.0615 (1m) (f) 2. of the statutes is amended to read:

SB40-SSA1,839,20 66.0615 (1m) (f) 2. Sections 77.51 (12m), (14) (c), (f) and (j) and, (14g), (15a), and (15b), 77.52 (3), (4), (6) and (13), (14), (18), and (19), 77.522, 77.58 (1) to (5) , (6m), and (7), 77.585, 77.59, 77.60, 77.61 (2), (3m), (5), (8), (9), and (12) to (14) (15), and 77.62, as they apply to the taxes under subch. III of ch. 77, apply to the tax described under subd. 1.

SB40-SSA1, s. 1904 Section 1904. 66.1017 (1) (a) of the statutes is amended to read:

SB40-SSA1,839,24 66.1017 (1) (a) "Family day care home" means a dwelling licensed as a day care center by the department of health and family services children and families under s. 48.65 where care is provided for not more than 8 children.

SB40-SSA1, s. 1915 Section 1915. 69.14 (1) (cm) of the statutes is amended to read:

SB40-SSA1,840,15 69.14 (1) (cm) Information concerning paternity. For a birth which occurs en route to or at a hospital, the filing party shall give the mother a copy of the pamphlet under s. 69.03 (14). If the child's parents are not married at the time of the child's birth, the filing party shall give the mother a copy of the form prescribed by the state registrar under s. 69.15 (3) (b) 3. The filing party shall ensure that trained, designated hospital staff provide to the child's available parents oral information or an audio or video presentation and written information about the form and the significance and benefits of, and alternatives to, establishing paternity, before the parents sign the form. The filing party shall also provide an opportunity to complete the form and have the form notarized in the hospital. If the mother provides a completed form to the filing party while she is a patient in the hospital and within 5 days after the birth, the filing party shall send the form directly to the state registrar. The department of workforce development children and families shall pay the filing party a financial incentive for correctly filing a form within 60 days after the child's birth.

SB40-SSA1, s. 1917 Section 1917. 69.15 (3) (b) 3. of the statutes is amended to read:

SB40-SSA1,841,2 69.15 (3) (b) 3. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity on a form prescribed by the state registrar and signed by both parents, and by a parent or legal guardian of any parent who is under the age of 18 years, along with the fee under s. 69.22, the state registrar shall insert the name of the father under subd. 1. The state registrar shall mark the certificate to show that the form is on file. The form shall be available to the department of workforce development children and families or a county child support agency under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or to any other person with a direct and tangible interest in the record. The state registrar shall include on the form for the acknowledgment the information in s. 767.805 and the items in s. 767.813 (5g).

SB40-SSA1, s. 1918 Section 1918. 69.20 (3) (f) of the statutes is amended to read:

SB40-SSA1,841,7 69.20 (3) (f) The state or a local registrar may disclose a social security number on a vital record to the department of workforce development children and families or a county child support agency under s. 59.53 (5) in response to a request under s. 49.22 (2m).

SB40-SSA1, s. 1930 Section 1930. 69.30 (1) (am) of the statutes is renumbered 69.30 (1) (bd) and amended to read:

SB40-SSA1,841,11 69.30 (1) (bd) "Family Long-term care district" has the meaning given in s. 46.2805 (5) (7r).

SB40-SSA1, s. 1931 Section 1931. 69.30 (2) of the statutes is amended to read:

SB40-SSA1,841,20 69.30 (2) A financial institution, state agency, county department, Wisconsin works agency, service office or family long-term care district or an employee of a financial institution, state agency, county department, Wisconsin works agency, service office or family long-term care district is not subject to s. 69.24 (1) (a) for copying a certified copy of a vital record for use by the financial institution, state agency, county department, Wisconsin works agency, service office or family long-term care district, including use under s. 45.04 (5), if the copy is marked "FOR ADMINISTRATIVE USE".

SB40-SSA1, s. 1931m Section 1931m. 70.11 (intro.) of the statutes is amended to read:

SB40-SSA1,842,18 70.11 Property exempted from taxation. (intro.) The property described in this section is exempted from general property taxes if the property is exempt under sub. (1), (2), (18), (21), (27) or (30); if it was exempt for the previous year and its use, occupancy or ownership did not change in a way that makes it taxable; if the property was taxable for the previous year, the use, occupancy or ownership of the property changed in a way that makes it exempt and its owner, on or before March 1, files with the assessor of the taxation district where the property is located a form that the department of revenue prescribes or if the property did not exist in the previous year and its owner, on or before March 1, files with the assessor of the taxation district where the property is located a form that the department of revenue prescribes. Leasing a part of the property described in this section does not render it taxable if the leased property is operated as low-income residential housing as provided in sections 3.01 and 3.02 of Internal Revenue Service Revenue Procedure 96-32; or if the lessor uses all of the leasehold income for maintenance of the leased property or construction debt retirement of the leased property, or both, and, except for residential housing, if the lessee would be exempt from taxation under this chapter if it owned the property. Any Except for a lessor who leases property that meets the requirements set forth in sections 3.01 and 3.02 of Internal Revenue Service Revenue Procedure 96-32, any lessor who claims that leased property is exempt from taxation under this chapter shall, upon request by the tax assessor, provide records relating to the lessor's use of the income from the leased property. Property exempted from general property taxes is:

SB40-SSA1, s. 1932 Section 1932. 70.11 (2) of the statutes is amended to read:

SB40-SSA1,843,9 70.11 (2) Municipal property and property of certain districts, exception. Property owned by any county, city, village, town, school district, technical college district, public inland lake protection and rehabilitation district, metropolitan sewerage district, municipal water district created under s. 198.22, joint local water authority created under s. 66.0823, family long-term care district under s. 46.2895 or town sanitary district; lands belonging to cities of any other state used for public parks; land tax-deeded to any county or city before January 2; but any residence located upon property owned by the county for park purposes that is rented out by the county for a nonpark purpose shall not be exempt from taxation. Except as to land acquired under s. 59.84 (2) (d), this exemption shall not apply to land conveyed after August 17, 1961, to any such governmental unit or for its benefit while the grantor or others for his or her benefit are permitted to occupy the land or part thereof in consideration for the conveyance. Leasing the property exempt under this subsection, regardless of the lessee and the use of the leasehold income, does not render that property taxable.

SB40-SSA1, s. 1932m Section 1932m. 70.11 (4) of the statutes is amended to read:

SB40-SSA1,844,14 70.11 (4) Educational, religious and benevolent institutions; women's clubs; historical societies; fraternities; libraries. Property owned and used exclusively by educational institutions offering regular courses 6 months in the year; or by churches or religious, educational or benevolent associations organizations, including organizations that own low-income residential housing as provided in sections 3.01 and 3.02 of Internal Revenue Service Revenue Procedure 96-32 and benevolent nursing homes and retirement homes for the aged but not including an organization that is organized under s. 185.981 or ch. 611, 613 or 614 and that offers a health maintenance organization as defined in s. 609.01 (2) or a limited service health organization as defined in s. 609.01 (3) or an organization that is issued a certificate of authority under ch. 618 and that offers a health maintenance organization or a limited service health organization and not including property owned by any nonstock, nonprofit corporation which services guaranteed student loans for others or on its own account, and also including property owned and used for housing for pastors and their ordained assistants, members of religious orders and communities, and ordained teachers, whether or not contiguous to and a part of other property owned and used by such associations or churches; or by women's clubs; or by domestic, incorporated historical societies; or by domestic, incorporated, free public library associations; or by fraternal societies operating under the lodge system (except university, college and high school fraternities and sororities), but not exceeding 10 acres of land necessary for location and convenience of buildings while such property is not used for profit. Property owned by churches or benevolent or religious associations organizations necessary for location and convenience of buildings, used for educational purposes, or operated as low-income residential housing and not for profit, shall not be subject to the 10-acre limitation but shall be subject to a 30-acre limitation. Property that is exempt from taxation under this subsection and is leased remains exempt from taxation only if, in addition to the requirements specified in the introductory phrase of this section, the lessee does not discriminate on the basis of race.

SB40-SSA1, s. 1934f Section 1934f. 70.11 (44) of the statutes is created to read:

SB40-SSA1,844,23 70.11 (44) Olympic Ice Training Center. Beginning with the first assessment year in which the property would not otherwise be exempt from taxation under sub. (1), property owned by a nonprofit corporation that operates an Olympic Ice Training Center on land purchased from the state, if the property is located or primarily used at the center. Property that is exempt under this subsection includes property leased to a nonprofit entity, regardless of the use of the leasehold income, and up to 6,000 square feet of property leased to a for-profit entity, regardless of the use of the leasehold income.

SB40-SSA1, s. 1935 Section 1935. 70.111 (23) of the statutes is amended to read:

SB40-SSA1,845,6 70.111 (23) Vending machines. All machines that automatically dispense soda water beverages, as defined in s. 97.29 (1) (i), and items included as a food or beverage under s. 77.54 (20) (a) and (b) food and food ingredient, as defined in s. 77.51 (3t), upon the deposit in the machines of specified coins or currency, or insertion of a credit card, in payment for the soda water beverages, food or beverages food and food ingredient, as defined in s. 77.51 (3t).

SB40-SSA1, s. 1936 Section 1936. 71.01 (6) (L) of the statutes is repealed.