1997 Wisconsin Act 252

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 The treatment of 59.53 (5m) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35, section 163.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 The treatment of 59.64 (1) (a) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35.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 The treatment of 59.692 (1) (b) of the statutes by 1995 Wisconsin Act 201, section 476, is not repealed by 1995 Wisconsin Act 227, section 206.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252,88 Section 88 . 60.725 of the statutes is repealed.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Note: Section 60.725 is does not apply after May 14, 1992, and is repealed by this bill.

252,90 Section 90 . 66.038 of the statutes is repealed.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

93.50 (3) (g) Effect of mediation. The parties may at any time withdraw from mediation. The parties have full responsibility for reaching and enforcing any agreement among them. A mediation agreement may include an agreement for the payment of property taxes, special assessments that have been settled in full by the county under s. 74.29, special charges or special taxes assessed against agricultural property that are subject to a tax certificate issued under s. 74.57 in installments instalments, as long as the agreement is not inconsistent with county board policy. After the expiration of the time period specified in the suspension order under sub. (2m), the parties may no longer participate in the mediation process regarding the same subject matter under this section unless the parties and the mediator agree to continue the mediation.

Note: Inserts preferred spelling.

252,103 Section 103 . 101.143 (3) (am) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

101.143 (3) (am) 1. An owner or operator or a person owning a home oil tank system is not eligible for an award under this section for costs incurred because of a petroleum product discharge from a an underground petroleum product storage tank system or a home oil tank system if the discharge is confirmed after December 31, 1995, and the discharge is confirmed, or activities under par. (c) or (g) are begun with respect to that discharge, after the day on which the underground petroleum product storage tank system or home oil tank system first meets the upgrading requirements in 40 CFR 280.21 (b) to (d) or in rules promulgated by the department relating to the upgrading of existing underground petroleum product storage tank systems, except as provided in subd. 2.

Note: 1995 Wis. Act 27 deleted “a" without showing it as stricken. The change was intended.

252,104 Section 104 . 108.20 (2m) of the statutes, as affected by 1997 Wisconsin Act 39, section 145, is amended to read:

108.20 (2m) From the moneys not appropriated under s. 20.445 (1) (ge), (gf) and (gg) which are received by the administrative account as interest and penalties under this chapter, the department shall pay the benefits chargeable to the administrative account under s. 108.07 (5) and the interest payable to employers under s. 108.17 (3m) and may pay interest due on advances to the unemployment reserve fund from the federal unemployment account under title XII of the social security act, 42 USC 1321 to 1324, may make payments to satisfy a federal audit exception concerning a payment from the fund or any federal aid disallowance involving the unemployment insurance program, or may make payments to the fund if such action is necessary to obtain a lower interest rate or deferral of interest payments on advances from the federal unemployment account under title XII of the social security act or may provide career counseling center grants under s. 106.14, except that any interest earned pending disbursement of federal employment security grants under s. 20.445 (1) (n) shall be credited to the general fund. Any moneys reverting to the administrative account from the appropriations under s. 20.445 (1) (ge) and (gf) shall be utilized as provided in this subsection.

Note: The stricken language was deleted by 1997 Wis. Act 27 and reinserted by 1997 Wis. Act 39 without being underscored. The reinsertion was not intended.

252,105 Section 105 . 115.28 (19) (a) of the statutes is repealed.

Note: By its terms, this provision does not apply after July 1, 1992.

252,106 Section 106 . 115.28 (19) (b) of the statutes is renumbered 115.28 (19) and amended to read:

115.28 (19) Federal discretionary funds. Ensure that federal aid received under 20 USC 1411 (c) (1) (A) after July 1, 1992, is not used to supplant or replace funding available from other sources.

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

252,107 Section 107 . 115.40 (4) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

115.40 (4) (a) The state superintendent and the secretary of health and social family services shall provide technical assistance to and consult with applicants regarding the preparation of their applications.

Note: The stricken language was inserted by 1997 Wis. Act 27 without being shown as underscored and the underscored language was deleted without being stricken. No changes were intended.

252,108 Section 108 . 115.40 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

115.40 (4) (b) The state superintendent and the secretary of health and social family services shall review the applications and jointly determine the grant recipients and the amount of each grant. A grant may not be awarded to a school board, agency or organization unless the percentage of the participating school district's membership in the previous school year for whom aid to families with dependent children was being received under s. 49.19, or who were members of a Wisconsin works group, as defined in s. 49.141 (1) (s), with a member who participated under s. 49.147 (3) to (5), was greater than 5%. In this paragraph, “membership" has the meaning given in s. 121.004 (5).

Note: The stricken language was inserted by 1997 Wis. Act 27 without being shown as underscored and the underscored language was deleted without being stricken. No change was intended.

252,109 Section 109 . 115.40 (4) (c) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

115.40 (4) (c) (intro.) The state superintendent and the secretary of health and social family services shall give preference in awarding grants under this section to all of the following:

Note: The stricken language was inserted by 1997 Wis. Act 27 without being shown as underscored and the underscored language was deleted without being stricken. No changes were intended.

252,110 Section 110 . The treatment of 115.81 (2) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 59. Both treatments stand.

Note: There is no conflict of substance.

252,111 Section 111 . 115.85 (2m) of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:

115.85 (2m) Placement disputes. If a dispute arises between the school board and the department of health and family services, the department of corrections or a county department under s. 46.215, 46.22 or 46.23, or between school boards under s. 115.815 (4) (c), over the placement of a child in an appropriate program under sub. (2), the state superintendent shall resolve the dispute. This subsection applies only to placements in nonresidential educational programs made under s. 48.48 (17) (a) 3., 48.57 (1) (c), 938.48 (4) or 938.57 (1) (c) and to placements in child caring institutions made under s. 115.815.

Note: The underscored citation was deleted by 1997 Wis. Act 35, but the treatment of this provision by 1997 Wis. Act 27 requires its reinsertion.

252,112 Section 112 . The treatment of 115.92 (1) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 104. Both treatments stand.

Note: There is no conflict of substance.

252,113 Section 113 . 118.40 (1) (title) of the statutes is amended to read:

118.40 (1) (title) Notice to department state superintendent.

Note: Conforms title to text.

252,114 Section 114 . 118.40 (3) (d) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

118.40 (3) (d) A school board or an entity under s. 118.40 sub. (2r) (b) shall give preference in awarding contracts for the operation of charter schools to those charter schools that serve children at risk, as defined in s. 118.153 (1) (a).

Note: Corrects form of cross-reference.

252,115 Section 115 . 118.43 (6) (b) 4. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

118.43 (6) (b) 4. In the 1999-2000 school year, divide the amount appropriated by the sum of the number of low-income pupils enrolled in grades kindergarten to 3 in each school in this state covered by contracts under sub. (3) (a) and the number of low-income pupils enrolled in grades kindergarten to 2 in each school in this state covered by contracts under sub. (3) (am) and multiply the quotient by the number of pupils enrolled in those grades in each school in the school district covered by contracts the under this section.

Note: Inserts correct language consistent with the treatments of s. 118.43 (6) (b) 3. and 6. which contain identical language.

252,116 Section 116 . The treatment of 119.04 (1) of the statutes by 1997 Wisconsin Act 77 is not repealed by 1997 Wisconsin Act 113. Both treatments stand.

Note: There is no conflict of substance.

252,117 Section 117 . 119.72 (2) (a) of the statutes is amended to read:

119.72 (2) (a) Children with a parent eligible for day care funds under s. 49.132 (4) (a) 1. to 3., 1995 stats., s. 49.132 (4) (a) 2., 1995 stats., or s. 49.132 (4) (a) 3., 1995 stats.

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

252,118 Section 118 . 119.72 (2) (b) of the statutes is amended to read:

119.72 (2) (b) Children with a parent in need of child care services funded under s. 49.132, 1995 stats.

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