SB300: Bill Text

Note: Corrects cross-reference. 2005 Wis. Act 264 renumbered s. 55.06 (17) to s. 55.22. 2005 Wis. Act 344 renumbered s. 938.396 (1) to s. 938.396 (1) (a) and s. 938.396 (2) (a) to s. 938.396 (2) and changed existing cross-references to s. 938.396 (1) (a) and (2), but did not take account of the cross-references inserted by 2005 Wis. Act 406.

SB300, s. 32 Section 32. 46.22 (1) (b) 2. e. of the statutes is amended to read:

SB300,17,7 46.22 (1) (b) 2. e. To make payments in such manner as the department of workforce development may determine for training of recipients, former recipients and potential recipients of aid in programs established under ss. s. 49.193, 1997 stats., and s. 49.26 (1).

Note: Corrects citation form.

SB300, s. 33 Section 33. 46.22 (1) (dp) of the statutes, as created by 2005 Wisconsin Act 406, is amended to read:

SB300,17,16 46.22 (1) (dp) Exchange of information; statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and (2) (a), and 938.78 (2) (a), a county department under this section may enter the content of any record kept or information received by that county department into the statewide automated child welfare information system established under s. 46.03 (7g).

Note: Corrects cross-reference. 2005 Wis. Act 264 renumbered s. 55.06 (17) to s. 55.22. 2005 Wis. Act 344 renumbered s. 938.396 (1) to s. 938.396 (1) (a) and s. 938.396 (2) (a) to s. 938.396 (2) and changed existing cross-references to s. 938.396 (1) (a) and (2), but did not take account of the cross-references inserted by 2005 Wis. Act 406.

SB300, s. 34 Section 34. 46.23 (3) (ed) of the statutes, as created by 2005 Wisconsin Act 406, is amended to read:

SB300,18,5 46.23 (3) (ed) Exchange of information; statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and (2) (a), and 938.78 (2) (a), a county department under this section may enter the content of any record kept or information received by that county department into the statewide automated child welfare information system established under s. 46.03 (7g).

Note: Corrects cross-reference. 2005 Wis. Act 264 renumbered s. 55.06 (17) to s. 55.22. 2005 Wis. Act 344 renumbered s. 938.396 (1) to s. 938.396 (1) (a) and s. 938.396 (2) (a) to s. 938.396 (2) and changed existing cross-references to s. 938.396 (1) (a) and (2), but did not take account of the cross-references inserted by 2005 Wis. Act 406.

SB300, s. 35 Section 35. 46.29 (3) (j) of the statutes is repealed.

Note: 46.29 (3) (intro.) provides that, "All of the following shall maintain liaison with and periodically report to the council on physical disabilities ...", and 46.29 (3) (j) states "The chairperson of the health policy council." The health policy council was abolished in 1987 Wisconsin Act 399 by the repeal of s. 14.017 (3).

SB300, s. 36 Section 36. 48.27 (5) of the statutes, as affected by 2005 Wisconsin Act 293, is amended to read:

SB300,18,14 48.27 (5) Subject to sub. (3) (b), the court shall make every reasonable effort to identify and notify any person who has filed a declaration of paternal interest under s. 48.025, any person who has acknowledged paternity of the child under s. 767.62 767.805 (1) , and any person who has been adjudged to be the father of the child in a judicial proceeding unless the person's parental rights have been terminated.

Note: Corrects cross-reference. Section 767.62 was renumbered s. 767.805 by 2005 Wis. Act 443.

SB300, s. 37 Section 37. 48.40 (1r) of the statutes, as created by 2005 Wisconsin Act 293, is amended to read:

SB300,19,5 48.40 (1r) "Parent" has the meaning given in s. 48.02 (13), except that for purposes of filing a petition seeking the involuntary termination of parental rights under s. 48.415 to a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60 767.803 and whose paternity has not been established, of finding grounds under s. 48.415 for the involuntary termination of parental rights to such a child, and of terminating the parental rights to such a child on a ground specified in s. 48.415, "parent" includes a person who may be the parent of such a child.

Note: Inserts correct cross-reference. 2005 Wis. Act 443 renumbered s. 767.60 to 767.803.

SB300, s. 38 Section 38. 48.42 (1g) (a) (intro.) of the statutes, as created by 2005 Wisconsin Act 293, is amended to read:

SB300,19,17 48.42 (1g) (a) (intro.) Except as provided in par. (c), if the petition is filed by a person or agency other than the district attorney, corporation counsel, or other appropriate official under s. 48.09; if the petition seeks to terminate the parental rights of a person who may be the father of a nonmarital child who is under one year of age at the time the petition is filed, who is not adopted or whose parents do not subsequently intermarry under s. 767.60 767.803, and whose paternity has not been established; and if the mother of the child has voluntarily consented to or seeks to voluntarily consent to the termination of her parental rights to the child, the petitioner may file with the petition an affidavit signed by the mother that includes all of the following:

Note: Inserts correct cross-reference. 2005 Wis. Act 443 renumbered s. 767.60 to 767.803.

SB300, s. 39 Section 39. 48.42 (2) (bm) (intro.) of the statutes, as created by 2005 Wisconsin Act 293, is amended to read:

SB300,20,2 48.42 (2) (bm) (intro.) If the child is a nonmarital child who is under one year of age at the time the petition is filed and who is not adopted or whose parents do not subsequently intermarry under s. 767.60 767.803 and whose paternity has not been established and if an affidavit under sub. (1g) (a) is filed with the petition:

Note: Inserts correct cross-reference. 2005 Wis. Act 443 renumbered s. 767.60 to 767.803.

SB300, s. 40 Section 40. 48.42 (2m) (b) of the statutes, as created by 2005 Wisconsin Act 293, is amended to read:

SB300,20,15 48.42 (2m) (b) Parent of nonmarital child. A person who may be the father of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60 767.803 and whose paternity has not been established, by virtue of the fact that he has engaged in sexual intercourse with the mother of the child, is considered to be on notice that a pregnancy and a termination of parental rights proceeding concerning the child may occur, and has the duty to protect his own rights and interests. He is therefore entitled to actual notice of such a proceeding only as provided in sub. (2) (b) or (bm). A person who is not entitled to notice under sub. (2) (b) or (bm) does not have standing to appear and contest a petition for the termination of his parental rights, present evidence relevant to the issue of disposition, or make alternative dispositional recommendations.

Note: Inserts correct cross-reference. 2005 Wis. Act 443 renumbered s. 767.60 to 767.803.

SB300, s. 41 Section 41. 48.423 (2) (intro.) of the statutes, as created by 2005 Wisconsin Act 293, is amended to read:

SB300,21,2 48.423 (2) Rights of out-of-state fathers. (intro.) A person who may be the father of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60 767.803 and whose paternity has not been established may contest the petition, present evidence relevant to the issue of disposition, and make alternative dispositional recommendations if the person appears at the hearing, establishes paternity under sub. (1), and proves all of the following by a preponderance of the evidence:

Note: Inserts correct cross-reference. 2005 Wis. Act 443 renumbered s. 767.60 to 767.803.

SB300, s. 42 Section 42. 48.833 of the statutes, as affected by 2005 Wisconsin Acts 293 and 448, is amended to read:

SB300,21,20 48.833 Placement of children for adoption by the department, county departments, and child welfare agencies. The department, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.60 may place a child for adoption in a licensed foster home or a licensed treatment foster home without a court order if the department, county department, or child welfare agency is the guardian of the child or makes the placement at the request of another agency that is the guardian of the child and if the proposed adoptive parents have completed the preadoption preparation required under s. 48.84 (1) or the department, county department, or child welfare agency determines that the proposed adoptive parents are not required to complete that preparation. ,, When a child is placed under this section in a licensed foster home or a licensed treatment foster home for adoption, the department, county department, or child welfare agency making the placement shall enter into a written agreement with the proposed adoptive parent, which shall state the date on which the child is placed in the licensed foster home or licensed treatment foster home for adoption by the proposed adoptive parent.

Note: The stricken commas were inserted by 2005 Wis. Act 293 but rendered surplusage by 2005 Wis. Act 448.

SB300, s. 43 Section 43. 48.837 (4) (e) of the statutes, as affected by 2005 Wisconsin Act 293 and 2005 Wisconsin Act 443, section 265, is amended to read:

SB300,22,10 48.837 (4) (e) Shall, before hearing the petitions under subs. (2) and (3), ascertain whether the paternity of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60 767.803 has been acknowledged under s. 767.805 or a substantially similar law of another state or adjudicated in this state or another jurisdiction. If the child's paternity has not been acknowledged or adjudicated, the court shall attempt to ascertain the paternity of the child and shall determine the rights of any person who may be the father of the child as provided under s. 48.423. The court may not proceed with the hearing on the petitions under this section unless the parental rights of the nonpetitioning parent, whether known or unknown, have been terminated.

Note: Inserts correct cross-reference. 2005 Wis. Act 443 renumbered s. 767.60 to 767.803.

SB300, s. 44 Section 44. 48.978 (7) (b) of the statutes, as affected by 2005 Wisconsin Act 387, is amended to read:

SB300,22,14 48.978 (7) (b) This section does not abridge the duties or authority of a guardian appointed under ch. 880, 2003 stats., or ch. 54 or ch. 880, 2003 stats.

Note: Places cross-references in correct order in accordance with current style.

SB300, s. 45 Section 45. 49.855 (3) of the statutes, as affected by 2005 Wisconsin Act 304, is amended to read:

SB300,23,17 49.855 (3) Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93 (3), (6), and (7). When the department of revenue determines that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the obligor that the state intends to reduce any state tax refund or credit due the obligor by the amount the obligor is delinquent under the support, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, medical expenses, or birth expenses under the court order, or by the amount due under s. 46.10 (4) or 301.12 (4). The notice shall provide that within 20 days the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. Within 10 days after receiving a request for hearing under this subsection, the court shall set the matter for hearing. Pending further order by the court or a circuit court commissioner, the department of workforce development or its designee, whichever is appropriate, is prohibited from disbursing the obligor's state tax refund or credit. A circuit court commissioner may conduct the hearing. The sole issues at that hearing shall be whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld from a tax refund or credit shall be paid to the obligor or held for future support or maintenance, except that the obligor's ability to pay shall also be an issue at the hearing if the obligation relates to an order under s. 767.51 (3) (e) 1. or 767.62 767.805 (4) (d) 1. or 767.89 (3) (e) 1. and the order specifies that the court found that the obligor's income was at or below the poverty line established under 42 USC 9902 (2).

Note: Inserts correct cross-references. 2005 Wis. Act 443 renumbered s. 767.51 to s. 767.89 and s. 767.62 to 767.805.

SB300, s. 46 Section 46. 49.855 (4m) (b) of the statutes, as affected by 2005 Wisconsin Acts 22 and 304, is amended to read:

SB300,24,25 49.855 (4m) (b) The department of revenue may provide a certification that it receives under sub. (1), (2m), or (2p) to the department of administration. Upon receipt of the certification, the department of administration shall determine whether the obligor is a vendor or is receiving any other payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.40 (1), this chapter, or ch. 46, 108, or 301. If the department of administration determines that the obligor is a vendor or is receiving payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.40 (1), this chapter, or ch. 46, 108, or 301, it shall begin to withhold the amount certified from those payments and shall notify the obligor that the state intends to reduce any payments due the obligor by the amount the obligor is delinquent under the support, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, medical expenses, or birth expenses under the court order, or by the amount due under s. 46.10 (4) or 301.12 (4). The notice shall provide that within 20 days after receipt of the notice the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. An obligor may, within 20 days after receiving notice, request a hearing under this paragraph. Within 10 days after receiving a request for hearing under this paragraph, the court shall set the matter for hearing. A circuit court commissioner may conduct the hearing. Pending further order by the court or circuit court commissioner, the department of workforce development or its designee, whichever is appropriate, may not disburse the payments withheld from the obligor. The sole issues at the hearing are whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld shall be paid to the obligor or held for future support or maintenance, except that the obligor's ability to pay is also an issue at the hearing if the obligation relates to an order under s. 767.51 (3) (e) 1. or 767.62 767.805 (4) (d) 1. or 767.89 (3) (e) 1. and the order specifies that the court found that the obligor's income was at or below the poverty line established under 42 USC 9902 (2).

Note: Inserts correct cross-references. 2005 Wis. Act 443 renumbered s. 767.51 to s. 767.89 and s. 767.62 to 767.805.

SB300, s. 47 Section 47. 49.89 (7) (c) of the statutes is amended to read:

SB300,25,7 49.89 (7) (c) The incentive payment shall be an amount equal to 15% of the amount recovered because of benefits paid under s. 49.20, 1997 stats., or s. 49.19, s. 49.20, 1997 stats., and 49.30 49.785, or 253.05. The incentive payment shall be taken from the state share of the sum recovered, except that the incentive payment for an amount recovered because of benefits paid under s. 49.19 shall be considered an administrative cost under s. 49.19 for the purpose of claiming federal funding.

Note: Places cross-references in correct order according to current style. Corrections have been made in the printed volumes. Section 49.30 was renumbered s. 49.785 by 2003 Wis. Act 33.

SB300, s. 48 Section 48. The treatment of 50.06 (2) (c) of the statutes by 2005 Wisconsin Act 264 is not repealed by 2005 Wisconsin Act 387. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 50.06 (2) (c) reads:

(c) A petition for guardianship for the individual under s. 54.34 and a petition under s. 55.075 for protective placement of the individual are filed prior to the proposed admission.

SB300, s. 49 Section 49. The treatment of 51.35 (3) (a) of the statutes by 2005 Wisconsin Act 344 is not repealed by 2005 Wisconsin Act 444. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 51.35 (3) (a) reads:

(a) A licensed psychologist of a juvenile correctional facility or a secured residential care center for children and youth, or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the juvenile correctional facility or secured residential care center for children and youth is, in his or her opinion, in need of services for developmental disability, alcoholism, or drug dependency or in need of psychiatric services, and who has obtained consent to make a transfer for treatment, shall make a report, in writing, to the superintendent of the juvenile correctional facility or secured residential care center for children and youth, stating the nature and basis of the belief and verifying the consent. In the case of a minor age 14 or older who is in need of services for developmental disability or who is in need of psychiatric services, the minor and the minor's parent or guardian shall consent unless the minor is admitted under s. 51.13 (1) (c) 1. or unless the minor refuses to consent, in which case the minor's parent or guardian may consent on behalf of the minor. In the case of a minor age 14 or older who is in need of services for alcoholism or drug dependency or a minor under the age of 14 who is in need of services for developmental disability, alcoholism, or drug dependency or in need of psychiatric services, only the minor's parent or guardian needs to consent unless the minor is admitted under s. 51.13 (1) (c). The superintendent shall inform, orally and in writing, the minor and the minor's parent or guardian, that transfer is being considered and shall inform them of the basis for the request and their rights as provided in s. 51.13 (3) (am). If the department of corrections, upon review of a request for transfer, determines that transfer is appropriate, that department shall immediately notify the department of health and family services and, if the department of health and family services consents, the department of corrections may immediately transfer the individual. The department of health and family services shall file a petition under s. 51.13 (4) (a) in the court assigned to exercise jurisdiction under chs. 48 and 938 of the county where the treatment facility is located.

SB300, s. 50 Section 50. The treatment of 51.35 (3) (g) of the statutes by 2005 Wisconsin Act 344 is not repealed by 2005 Wisconsin Act 444. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 51.35 (3) (g) reads:

(g) A minor 14 years of age or older who is transferred to a treatment facility under par. (a) for the purpose of receiving services for developmental disability or psychiatric services and the minor's parent or guardian may request in writing a return to the juvenile correctional facility or secured residential care center for children and youth, except that, if the minor refuses to make the request, the parent or guardian may make the request on behalf of the minor. In the case of a minor 14 years of age or older who is transferred to a treatment facility under par. (a) for the purpose of receiving services for alcoholism or drug dependency or a minor under 14 years of age who is transferred to a treatment facility under par. (a) for the purpose of receiving services for developmental disability, alcoholism, or drug dependency, or psychiatric services, the parent or guardian may make the request. Upon receipt of a request for return from a minor 14 years of age or older, the director shall immediately notify the minor's parent or guardian, if available. A minor 14 years of age or older who requests and whose parent or guardian requests and a minor who was admitted under s. 51.13 (1) (c) who requests discharge in writing shall be returned to the juvenile correctional facility or secured residential care center for children and youth within 48 hours after submission of the request unless a statement is filed for emergency detention or a petition is filed for emergency commitment, involuntary commitment, or protective placement.

SB300, s. 51 Section 51. 51.437 (4m) (i) of the statutes is amended to read:

SB300,26,5 51.437 (4m) (i) Annually report to the department of health and family services regarding the use of any contract entered into under s. 51.87.

Note: Inserts missing period. The change is shown in the printed volumes.

SB300, s. 52 Section 52. 54.12 (1) (intro.) of the statutes, as affected by 2005 Wisconsin Act 387, section 310, is amended to read:

SB300,27,2 54.12 (1) Small estates. (intro.) If a minor or an individual found incompetent, except for his or her incapacity, is entitled to possess assets valued at the amount specified in s. 867.03 (1g) or less, any court in which an action or proceeding involving the assets is pending may, without requiring the appointment of a guardian, order that the register i in probate do one of the following:

Note: Corrects spelling. The change is shown in the printed volumes.

SB300, s. 53 Section 53. The treatment of 54.25 (2) (c) 1. g. of the statutes, as renumbered, by 2005 Wisconsin Act 387, section 476, is not repealed by 2005 Wisconsin Act 451, section 177. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 54.25 (2) (c) 1. g., as renumbered from s. 880.33 (9) by 2005 Wis. Act 387, reads:

g. The right to register to vote or to vote in an election, if the court finds that the individual is incapable of understanding the objective of the elective process. Also, in accordance with s. 6.03 (3), any elector of a municipality may petition the circuit court for a determination that an individual residing in the municipality is incapable of understanding the objective of the elective process and thereby ineligible to register to vote or to vote in an election. This determination shall be made by the court in accordance with the procedures specified in this paragraph. If a petition is filed under this subd. 1. g., the finding of the court shall be limited to a determination as to voting eligibility. The appointment of a guardian is not required for an individual whose sole limitation is ineligibility to vote. The determination of the court shall be communicated in writing by the clerk of court to the election official or agency charged under s. 6.48, 6.92, 6.925, 6.93, or 7.52 (5) with the responsibility for determining challenges to registration and voting that may be directed against that elector. The determination may be reviewed as provided in s. 54.64 (2) and any subsequent determination of the court shall be likewise communicated by the clerk of court.

SB300, s. 54 Section 54. 55.01 (4g) of the statutes, as created by 2005 Wisconsin Act 388, is renumbered 55.01 (4i).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). A provision numbered s. 55.01 (4g) previously existed.

SB300, s. 55 Section 55. 55.01 (6) of the statutes, as created by 2005 Wisconsin Act 388, is renumbered 55.01 (6u).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 264 also created a provision numbered s. 55.01 (6).

SB300, s. 56 Section 56. 55.01 (6d) of the statutes, as created by 2005 Wisconsin Act 388, is renumbered 55.01 (6vm).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Maintains alphabetical order for definitions.

SB300, s. 57 Section 57. 55.01 (6g) of the statutes, as created by 2005 Wisconsin Act 388, is renumbered 55.01 (6w).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Renumbers provision to maintain alphabetical order of definitions.

SB300, s. 58 Section 58. 55.01 (6t) of the statutes, as created by 2005 Wisconsin Act 387, is renumbered 55.01 (6s).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 264 also created a provision numbered s. 55.01 (6t).

SB300, s. 59 Section 59. 55.06 (3) (d) of the statutes, as created by 2005 Wisconsin Act 387, is renumbered 55.075 (5) (bm).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 264 renumbered s. 55.06 (3) (c) to s. 55.075 (5) (a).

SB300, s. 60 Section 60. 66.0216 (1) (a) (intro.) of the statutes, as created by 2005 Wisconsin Act 25, is renumbered 66.0216 (1) (intro.).

Note: Confirms renumbering by the Revisor under s. 13.93 (1) (b). This provision is introductory to paragraphs (b) to (h) and should have been created as a subsection (intro.) provision.

SB300, s. 61 Section 61. 66.0617 (9) (a) of the statutes, as affected by 2005 Wisconsin Act 477, is amended to read:

SB300,29,3 66.0617 (9) (a) Subject to par. (b), an ordinance enacted under this section shall specify that impact fees that are imposed and collected by a municipality but are not used within 7 years after they are collected to pay the capital costs for which they were imposed shall be refunded to the current owner of the property with respect to which the impact fees were imposed, along with any interest that has accumulated, in as described in sub. (8). The ordinance shall specify, by type of public facility, reasonable time periods within which impact fees must be spent or refunded under this subsection, subject to the 7-year limit in this paragraph and the extended time period specified in par. (b). In determining the length of the time periods under the ordinance, a municipality shall consider what are appropriate planning and financing periods for the particular types of public facilities for which the impact fees are imposed.

Note: Inserts correct word.

SB300, s. 62 Section 62. 66.0617 (9) (b) of the statutes, as created by 2005 Wisconsin Act 203, is amended to read:

SB300,29,11 66.0617 (9) (b) The 7-year time limit for using impact fees that is specified under par. (a) may be extended for 3 years if the political subdivision municipality adopts a resolution stating that, due to extenuating circumstances or hardship in meeting the 7-year limit, it needs an additional 3 years to use the impact fees that were collected. The resolution shall specify the extenuating circumstances or hardship that led to the need to adopt a resolution under this paragraph.

Note: 2005 Wis. Act 203 created this provision. 2005 Wis. Act 477 changed the term "political subdivision" to "municipality" throughout all of the previously existing s. 66.0617 without taking the creation of sub. (9) (b) into account.

SB300, s. 63 Section 63. 66.1105 (4) (gm) 4. a. of the statutes is amended to read:

SB300,29,17 66.1105 (4) (gm) 4. a. Not less than 50%, by area, of the real property within the district is at least one of the following: a blighted area; in need of rehabilitation or conservation work, as defined in s. 66.1337 (2m) (b) (a); suitable for industrial sites within the meaning of s. 66.1101 and has been zoned for industrial use; or suitable for mixed-use development; and

Note: Corrects cross-reference. "Rehabilitation or conservation work" is defined in s. 66.1337 (2m) (a).