1997 Wisconsin Act 252

252,66 Section 66 . The treatment of 49.19 (11s) (d) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,67 Section 67 . 49.191 (2) of the statutes is amended to read:

49.191 (2) Child care funds for former recipients of aid to families with dependent children. The department shall pay the child care costs of an individual who secures unsubsidized employment and loses eligibility for aid to families with dependent children because of earned income or number of hours worked for up to 12 months following the loss of eligibility if the child care is provided by a child care provider. The department shall establish a formula for assistance based on ability to pay. The rates for child care services under this subsection shall be determined under s. 49.132 (4) (d), 1995 stats., s. 49.132 (4) (dg), 1995 stats., or s. 49.132 (4) (dm), 1995 stats., whichever is applicable, or, if a higher rate is established under s. 49.132 (4) (e), 1995 stats., and if the child care services meet the quality standards established under s. 49.132 (4) (e), 1995 stats., the rates for child care services under this subsection that meet those standards shall be determined under s. 49.132 (4) (e), 1995 stats. The department shall promulgate rules for the disbursement of funds under this subsection. This subsection does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

Note: Section 49.132 does not apply after November 1, 1997, and is repealed by this bill.

252,68 Section 68 . 49.193 (4) (j) 4. of the statutes is repealed.

Note: By its terms, this provision does not apply after June 30, 1997.

252,69 Section 69 . 49.193 (8) (a) of the statutes is amended to read:

49.193 (8) (a) The department shall pay child care costs of persons with approved employability plans who are participating in the program under this section and of persons who are participating in orientation and job search activities required under sub. (3m). Payment or reimbursement shall be in an amount based on need, with the maximum amount per child equal to the lesser of the actual cost of care or the rate established under s. 49.132 (4) (d), 1995 stats., s. 49.132 (4) (dg), 1995 stats., or s. 49.132 (4) (dm), 1995 stats., whichever is applicable, or, if a higher rate is established under s. 49.132 (4) (e), 1995 stats., and if the child care meets the quality standards established under s. 49.132 (4) (e), 1995 stats., payment or reimbursement for child care that meets those standards shall be in an amount based on need, with the maximum amount per child equal to the lesser of the actual cost of the care or the rate established under s. 49.132 (4) (e), 1995 stats.

Note: Section 49.132 does not apply after November 1, 1997, and is repealed by this bill.

252,70 Section 70 . 49.27 (6) (c) of the statutes is amended to read:

49.27 (6) (c) Benefits. A county department under s. 46.215, 46.22 or 46.23 shall provide assistance in paying the child care costs of a work-not-welfare group that is eligible to receive benefits under this paragraph if the child care is provided by a child care provider, as defined in s. 49.132 (1) (am), 1995 stats. The formula for determining the amount of assistance shall be the same as the formula established by the department under s. 49.191 (2). The rates for child care services under this paragraph shall be determined under s. 49.132 (4) (d), s. 49.132 (4) (dg), 1995 stats., or s. 49.132 (4) (dm), 1995 stats., whichever is applicable, or, if a higher rate is established under s. 49.132 (4) (e), 1995 stats., and if the child care services meet the quality standards established under s. 49.132 (4) (e), 1995 stats., the rates for child care services under this paragraph that meet those standards shall be determined under s. 49.132 (4) (e), 1995 stats. The department shall promulgate rules for the disbursement of funds under this paragraph.

Note: Section 49.132 does not apply after November 1, 1997, and is repealed by this bill.

252,71 Section 71 . 49.27 (10) (c) of the statutes is amended to read:

49.27 (10) (c) Children's services network. Each county department under s. 46.215, 46.22 or 46.23 entering into a contract with the department under par. (a) shall establish a children's services network. The children's services network shall provide information about community resources available to the children in a work-not-welfare group during the work-not-welfare group's benefit period and the work-not-welfare group's period of ineligibility under sub. (4) (f), including charitable food and clothing centers; the state supplemental food program for women, infants and children under s. 253.06; and child care programs under s. 49.132, 1995 stats.

Note: Section 49.132 does not apply after November 1, 1997, and is repealed by this bill.

252,72 Section 72 . The treatment of 49.32 (9) (a) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,73 Section 73 . The treatment of 49.32 (9) (b) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,74 Section 74 . 49.45 (6r) of the statutes is repealed.

Note: By its terms, this provision does not apply after September 30, 1992.

252,75 Section 75 . The treatments of 49.855 (3) of the statutes by 1997 Wisconsin Act 27 are not repealed by 1997 Wisconsin Act 35. All treatments stand.

Note: There is no conflict of substance.

252,76 Section 76 . 49.855 (4) of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:

49.855 (4) The department of revenue shall send that portion of any state or federal tax refunds or credits withheld for delinquent child support or maintenance or past support, medical expenses or birth expenses to the department of workforce development or its designee for distribution to the obligee. The department of workforce development shall make a settlement at least annually with the department of revenue. The settlement shall state the amounts certified, the amounts deducted from tax refunds and credits and the administrative costs incurred by the department of revenue. county

Note: The stricken text was inserted by 1997 Wis. Act 35, but rendered surplusage by the treatment of this provision by 1997 Wis. Act 27.

252,77 Section 77 . The treatments of 49.855 (4m) (b) of the statutes by 1997 Wisconsin Act 27 are not repealed by 1997 Wisconsin Act 35. All treatments stand.

Note: There is no conflict of substance.

252,78 Section 78 . 50.034 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 13, is amended to read:

50.034 (1) (a) No person may operate a residential care apartment complex that provides living space for residents who are clients under s. 46.27 (11) or 46.277 and publicly funded services as a home health agency or under contract with a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 that is a home health agency unless the residential care apartment complex is certified by the department under this section. The department may charge a fee, in an amount determined by the department, for certification under this paragraph. The amount of any fee charged by the department for certification of a residential care apartment complex need not be promulgated as a rule under ch. 227.

Note: The underscored word was inserted by 1997 Wis. Act 13 without being shown as underscored. The change was intended.

252,79 Section 79 . 50.034 (6) of the statutes, as affected by 1997 Wisconsin Act 13, is amended to read:

50.034 (6) Funding. Funding for supportive, personal or nursing services that a person who resides in a residential care apartment complex receives, other than private or 3rd-party funding, may be provided only under s. 46.27 (11) (c) 7. or 46.277 (5) (e), unless the provider of the services is a certified medical assistance provider under s. 49.45.

Note: The underscored word was inserted by 1997 Wis. Act 13 without being shown as underscored. The change was intended.

252,80 Section 80 . 50.04 (2) (c) 2. b. of the statutes is amended to read:

50.04 (2) (c) 2. b. A shortage of nurses or nurse's assistants available for employment by the nursing home exists; or.

Note: Deletes unnecessary “or" and inserts correct punctuation.

252,81 Section 81 . 50.50 (1) of the statutes is amended to read:

50.50 (1) “Ambulatory surgery center" has the meaning given in s. 49.45 (6r) (a) 1. 42 CFR 416.2.

Note: Section 49.45 (6r) does not apply after September 30, 1992, and is repealed by this bill. The definition contained in s. 49.45 (6r) is inserted here.

252,82 Section 82 . The treatment of 51.437 (4rm) (a) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,83 Section 83 . The treatment of 59.40 (2) (h) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,84 Section 84 . The treatment of 59.43 (2) (ag) 1. of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 79. Both treatments stand.

Note: There is no conflict of substance.

252,85 Section 85 . The treatment of 59.53 (5m) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35, section 163. Both treatments stand.

Note: There is no conflict of substance.

252,86 Section 86 . The treatment of 59.64 (1) (a) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,87 Section 87 . The treatment of 59.692 (1) (b) of the statutes by 1995 Wisconsin Act 201, section 476, is not repealed by 1995 Wisconsin Act 227, section 206. Both treatments stand.

Note: There is no conflict of substance.

252,88 Section 88 . 60.725 of the statutes is repealed.

Note: By its terms, this provision does not apply after May 14, 1992.

252,89 Section 89 . 60.726 (1) of the statutes is amended to read:

60.726 (1) Property that is excluded from a town sanitary district under s. 60.725 (1), 1995 stats., or, subject to sub. (2), property that is excluded from a town sanitary district under s. 60.725 (2), 1995 stats., shall be included in the town sanitary district, retroactive to April 19, 1990, and shall be subject to all property taxes, special assessments, special charges or other charges imposed or assessed by the town sanitary district on or after April 19, 1990.

Note: Section 60.725 is does not apply after May 14, 1992, and is repealed by this bill.

252,90 Section 90 . 66.038 of the statutes is repealed.

Note: By the terms of s. 66.038 (7) this section does not apply after December 31, 1996.

252,91 Section 91 . 66.46 (7) (am) of the statutes is amended to read:

66.46 (7) (am) Sixteen years after the last expenditure identified in the project plan is made if the district to which the plan relates is created after September 30, 1995, or 20 years after the last expenditure identified in the project plan is made if the district to which the plan relates is created before October 1, 1995, except that in no case may the total number of years during which expenditures are made under par. sub. (6) (am) 1. plus the total number of years during which tax increments are allocated under this paragraph exceed 27 years.

Note: There is no s. 66.46 (7) (am) 1. Sub. (6) (am) 1. refers to the number of years in which expenditures are made and drafting records indicate the reference was to be to sub. (6) (am) 1., having been copied from sub. (6) (d) 2. without having the correct subsection number inserted.

252,92 Section 92 . 70.47 (12) of the statutes is amended to read:

70.47 (12) Notice of decision. Prior to final adjournment, the board of review shall provide the objector, or the appropriate party under sub. (10), notice by personal delivery or by mail, return receipt required, of the amount of the assessment as finalized by the board and an explanation of appeal rights and procedures under sub. (14) (13) and ss. 70.85, 74.35 and 74.37. Upon delivering or mailing the notice under this subsection, the clerk of the board of review shall prepare an affidavit specifying the date when that notice was delivered or mailed.

Note: Inserts correct cross-reference. Sub. (13) is entitled “Certiorari" and relates to appeals. Sub. (14) does not deal directly with appeals except to refer to delays in tax payments in the event of “an appeal as provided in sub. (13)..."

252,93 Section 93. 71.22 (4) (i) of the statutes, as affected by 1997 Wisconsin Act 37, is amended to read:

71.22 (4) (i) Except as provided in sub. (4m) and ss. 71.26 (2) (b) and (3), 71.34 (1g) and 71.42 (2), “internal revenue code", for taxable years that begin after December 31, 1993, and before January 1, 1995, means the federal internal revenue code as amended to December 31, 1993, excluding sections 103, 104 and 110 of P.L. 102-227 and sections 13113, 13150 (d), 13171 (d), 13174, 13203 (d) and 13215 of P.L. 103-66, and as amended by P.L. 103-296, P.L. 103-337, P.L. 103-465, P.L. 104-7, excluding section 1 of P.L. 104-7, P.L. 104-188, excluding section 1311 of P.L. 104-188, P.L. 104-191, and P.L. 104-193 and P.L. 105-34 and as indirectly affected in the provisions applicable to this subchapter by P.L. 99-514, P.L. 100-203, P.L. 100-647 excluding sections 803 (d) (2) (B), 805 (d) (2), 812 (c) (2), 821 (b) (2) and 823 (c) (2) of P.L. 99-514 and section 1008 (g) (5) of P.L. 100-647, P.L. 101-73, P.L. 101-140, P.L. 101-179, P.L. 101-239, P.L. 101-508, P.L. 102-227, excluding sections 103, 104 and 110 of P.L. 102-227, P.L. 102-318, P.L. 102-486, P.L. 103-66, excluding sections 13113, 13150 (d), 13171 (d), 13174, 13203 (d) and 13215 of P.L. 103-66, P.L. 103-296, P.L. 103-337, P.L. 103-465, P.L. 104-7, excluding section 1 of P.L. 104-7, P.L. 104-188, excluding section 1311 of P.L. 104-188, P.L. 104-191, P.L. 104-193 and P.L. 105-34. The internal revenue code applies for Wisconsin purposes at the same time as for federal purposes. Amendments to the federal internal revenue code enacted after December 31, 1993, do not apply to this paragraph with respect to taxable years beginning after December 31, 1993, and before January 1, 1995, except that changes to the internal revenue code made by P.L. 103-296, P.L. 103-337, P.L. 103-465, P.L. 104-7, excluding section 1 of P.L. 104-7, P.L. 104-188, excluding section 1311 of P.L. 104-188, P.L. 104-191, P.L. 104-193 and P.L. 105-34 and changes that indirectly affect the provisions applicable to this subchapter made by P.L. 103-296, P.L. 103-337, P.L. 103-465, P.L. 104-7, excluding section 1 of P.L. 104-7, P.L. 104-188, excluding section 1311 of P.L. 104-188, P.L. 104-191, P.L. 104-193 and P.L. 105-34 apply for Wisconsin purposes at the same time as for federal purposes.

Note: 1997 Wis. Act 37 deleted the stricken “and" without showing it as stricken. The change was intended.

252,94 Section 94 . The treatment of 72.30 (1) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,95 Section 95 . The treatment of 73.03 (2a) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,96 Section 96 . 84.11 (5) of the statutes is repealed.

Note: By its terms, this provision does not apply after June 30, 1993.

252,97 Section 97 . 84.11 (5m) of the statutes is amended to read:

84.11 (5m) (title) Apportionment of cost after June 30, 1993. The state shall pay one-third of the cost of projects constructed under sub. (1m), the county or counties in which the bridge project is located shall pay one-third, and the one or more cities, villages and towns in which any part of the bridge project is located shall pay one-third, except that to the extent discretionary federal aid for highways allocated to Wisconsin is used to finance any portion of the cost of the project, the portion of the cost to be borne by the state and any county, city, village or town, respectively, shall be proportionately reduced. The portion to be paid by the counties shall be borne equally by the counties in which the bridge project is located, except that no bridge project shall be considered as located within a county unless an entrance to the bridge proper is wholly or partly within the limits of that county. If a bridge project wholly within one county is located in more than one city, village or town, their respective portions of the cost shall be in proportion to their respective assessed valuations as last equalized by the county board prior to the date of the department's finding, determination and order. If such cities, villages or towns are located in more than one county, the portion of the cost paid by all cities, villages and towns shall first be apportioned equally according to the number of counties, and then to the cities, villages and towns in each county in proportion to their respective assessed valuations as provided in this subsection. This subsection applies after June 30, 1993.

Note: Deletes obsolete transition provision. See the previous section of this bill.

252,98 Section 98 . 84.11 (7) of the statutes is repealed.

Note: By its terms, this provision does not apply after June 30, 1993.

252,99 Section 99 . 84.11 (7m) of the statutes is amended to read:

84.11 (7m) (title) Execution and control of work after June 30, 1993. Subject to the control and supervision over the navigable waters of the state conferred by law upon the department of natural resources, and the control exercised by the United States, the construction under this section of any bridge project shall be wholly under the supervision and control of the department. The secretary shall make and execute all contracts and have complete supervision over all matters pertaining to such construction and shall have the power to suspend or discontinue proceedings or construction relative to any bridge project at any time in the event any county, city, village or town fails to pay the amount required of it as to any project under sub. (1m), or in the event the secretary determines that sufficient funds to pay the state's part of the cost of the bridge project are not available. All moneys provided by counties, cities, villages and towns shall be deposited in the state treasury, when required by the secretary, and paid out on order of the secretary. Any of such moneys deposited for a project eligible for construction under sub. (1m) which remain in the state treasury after the completion of the project shall be repaid to the respective counties, cities, villages and towns in such amounts as to result in the distribution provided in sub. (5m). This subsection applies after June 30, 1993.

Note: Deletes obsolete transition provision. See the previous section of this bill.

252,100 Section 100 . The treatment of 87.305 (1) (c) (intro.) of the statutes by 1995 Wisconsin Act 247 is not repealed by 1995 Wisconsin Act 378. Both treatments stand.

Note: There is no conflict of substance.

252,101 Section 101 . 91.75 (9) (a) 1. of the statutes is amended to read:

91.75 (9) (a) 1. A reclamation plan, submitted as required by a nonmetallic mining reclamation ordinance adopted under s. 66.038, 1995 stats., or s. 295.13, that fulfills reclamation standards established by the ordinance.

Note: Section 66.038 does not apply after December 31, 1996, and is repealed by this bill.

252,102 Section 102 . 93.50 (3) (g) of the statutes is amended to read: