1999 Wisconsin Act 85

230.36 (2m) (a) (intro.) If a any of the following state employes suffers injury while in the performance of duties, the employe shall continue to be fully paid by the employing agency upon the same basis as paid prior to the injury, with no reduction in sick leave credits, compensatory time for overtime accumulations or vacation and no reduction in the rate of earning sick leave credit or vacation:

1. A conservation warden,.

2. A conservation patrol boat captain, .

3. A conservation patrol boat engineer, .

4. A state forest ranger,.

5. A conservation field employe of the department of natural resources who is subject to call for fire control duty,.

6. A member of the state patrol,.

7. A state motor vehicle inspector, .

8. A lifeguard,.

9. A excise tax investigator employed by the department of revenue,.

10. A special criminal investigation agent employed by the department of justice,.

11. A special tax agent,.

12. A state drivers' license examiner, .

13. A state fair park police officer, .

14. A University of Wisconsin System police officer and or other state facilities police officer and patrol officer,.

15. A security officer, watcher, or security person.

16. An engineer,.

17. An engineering aide,.

18. A building construction superintendent,.

19. A fire fighter employed at the Wisconsin Veterans Home, or.

20. A guard or institutional aide or a state probation, extended supervision and parole officer or any other employe whose duties include supervision and discipline of inmates or wards of the state at a state penal institution, including a secured correctional facility, as defined in s. 938.02 (15m), or while on parole supervision or extended supervision outside of the confines of the institutions, or supervision of persons placed on probation by a court of record, or supervision and care of patients at a state mental institution, and the University of Wisconsin Hospitals and Clinics suffers injury while in the performance of his or her duties, as defined in subs. (2) and (3); or any other.

21. A state employe who is not listed in this subsection and paragraph who is ordered by his or her appointing authority to accompany any an employe listed in this subsection paragraph while the listed employe is engaged in the duties defined in enumerated under sub. (3), or any other (1m) (b).

22. A state employe who is not listed in this subsection and paragraph who is ordered by his or her appointing authority to perform the duties enumerated under sub. (1m) (b), when permitted, in lieu of the a listed employe and while so engaged in the duties defined in sub. (3), suffers injury as defined in sub. (2) the employe shall continue to be fully paid by the employing agency upon the same basis as paid prior to the injury, with no reduction in sick leave credits, compensatory time for overtime accumulations or vacation and no reduction in the rate of earning sick leave credit or vacation.

(b) The full pay under par. (a) (intro.) shall continue while the employe is unable to return to work as the result of the injury or until the termination of his or her employment upon recommendation of the appointing authority. At any time during the employe's period of disability the appointing authority may, at the expense of the employing agency, order physical or medical examinations to determine the degree of disability at the expense of the employing agency.

Note: Subdivides provision in outline form and reorders text for improved readability and conformity with current style. Deletes cross-references to defined terms and amends cross-references to reflect renumbering made by this bill. Previous legislation replaced the gender specific "watchman" with the gender neutral "watcher", but these terms are not synonymous. Current style is to use "guard" or "security person" rather than "watchman".

85,13 Section 13. 230.36 (2) of the statutes is renumbered 230.36 (1m) (intro.) and amended to read:

230.36 (1m) (intro.) "Injury" as used in In this section is:

(a) "Injury" means physical harm to an employe caused by accident or disease.

Note: Renumbers definition to locate it at the beginning of the applicable statute provision and reorders text in accordance with current style.

85,14 Section 14. 230.36 (3) of the statutes is renumbered 230.36 (1m) (b), and 230.36 (1m) (b) (intro.) and 2. (intro.), as renumbered, are amended to read:

230.36 (1m) (b) (intro.) As used in this section "performance "Performance of duties" means duties performed in line of duty by any of the following:

2. (intro.) A conservation warden, conservation patrol boat captain, conservation patrol boat engineer, member of the state patrol, state motor vehicle inspector, University of Wisconsin System police officer, security officer, watcher or security person, state fair park police officer, special tax agent, excise tax investigator employed by the department of revenue and special criminal investigation agent employed by the department of justice at all times while:

Note: Amends the (intro.) to fit within a single definitions provision and for conformity with current style for (intro.) provisions. Previous legislation replaced the gender specific "watchman" with the gender neutral "watcher", but these terms are not synonymous. Current style is to use "guard" or "security person" rather than "watchman".

85,15 Section 15. 230.36 (5) of the statutes is amended to read:

230.36 (5) The An employing agency which that makes payments under this section is entitled to the right of subrogation for reimbursement to the extent that the injured employe may recover the reimbursed items in an action or claim in tort against any 3rd party. The repayment shall not exceed the total sums paid to such the injured employe under this section and shall be limited to the total sum credited to such the injured employe, as damages for pay and fringe benefits actually received in the settlement of any claim caused by the negligence of such the 3rd party.

Note: Inserts specific references and replaces incorrectly used "which" consistent with current style.

85,16 Section 16. 230.36 (6) of the statutes is amended to read:

230.36 (6) Any person who is employed by the University of Wisconsin Hospitals and Clinics Authority, who suffers an injury as defined in sub. (2) between June 29, 1996, and June 30, 1997, shall be covered under this section if the person, had he or she been a state employe, would have been covered under this section.

Note: Deletes cross-reference to defined term consistent with current style.

85,17 Section 17. 234.42 (1) of the statutes is renumbered 234.42 (1s).

Note: Renumbers provision to accommodate moving a definition to the beginning of the section in accordance with current style. See the next two sections of this bill.

85,18 Section 18. 234.42 (1g) of the statutes is created to read:

234.42 (1g) In this section "veterans capital reserve fund requirement" means an amount equal to the maximum amount, in any succeeding year, of principal and interest, other than principal and interest for which sinking fund payments are specified in any resolution of the authority authorizing veterans housing bonds of the authority then outstanding, maturing and becoming due in that succeeding year on all veterans housing bonds of the authority then outstanding, except veterans housing bonds due in that succeeding year issued to provide funds for mortgage loans through the purchase of mortgages or mortgage-backed securities guaranteed by the United States or an agency or instrumentality of the United States, plus all amounts specified in any resolution of the authority authorizing veterans housing bonds of the authority then outstanding as payable as a sinking fund payment in such year.

Note: The definition previously contained in sub. (2) is moved to a separate subsection at the beginning of the section, parentheses are replaced, commas deleted and disfavored terms replaced in accordance with current style.

85,19 Section 19. 234.42 (2) of the statutes is renumbered 234.42 (2) (a) (intro.) and amended to read:

234.42 (2) (a) (intro.) All moneys held in the veterans capital reserve fund, except as otherwise specifically provided, shall be used solely for any of the following purposes:

1. The payment of the principal of veterans housing bonds of the authority as the same mature, the.

2. The making of sinking fund payments with respect to veterans housing bonds of the authority, the.

3. The purchase of veterans housing bonds of the authority, the.

4. The payment of interest on veterans housing bonds of the authority or the.

5. The payment of any redemption premium required to be paid when veterans housing bonds are redeemed prior to maturity.

(b) Except for the purpose of paying principal of and interest on veterans housing bonds of the authority maturing and becoming due and for the payment of which other moneys of the authority are not available, and except for making sinking fund payments with respect to veterans housing bonds of the authority and for the payment of which other moneys of the authority are not available, moneys in the veterans capital reserve fund shall not be withdrawn at any time in such an amount as that would reduce the fund to less than an amount, called in this section "the veterans capital reserve fund requirement", equal to the maximum amount, in any succeeding year, of principal and interest, other than principal and interest for which sinking fund payments are specified in any resolution of the authority authorizing veterans housing bonds of the authority then outstanding, maturing and becoming due in such year on all veterans housing bonds of the authority then outstanding (other than veterans housing bonds due in such year issued to provide funds for mortgage loans through the purchase of mortgages or mortgage-backed securities guaranteed by the United States or an agency or instrumentality of the United States) plus all amounts specified, in any resolution of the authority authorizing veterans housing bonds of the authority then outstanding, as payable as a sinking fund payment in such year. Any income or interest earned by, or increment to, the veterans capital reserve fund due to the investment thereof of the fund may be transferred by the authority to the veterans housing bond redemption fund to the extent it does not reduce the amount of the veterans capital reserve fund below the veterans capital reserve fund requirement.

Note: Subdivides long subsection in outline form, inserts specific reference and replaces disfavored term for improved readability and conformity with current style. The definition of "veterans capital reserve fund requirement" is moved to a separate definition subsection at the beginning of the section consistent with current style. See the previous section of this bill.

85,20 Section 20. 234.623 of the statutes is amended to read:

234.623 Eligibility. The authority shall make loans to participants a participant who meets all of the following requirements:

(1) Apply The participant applies on forms prescribed by the authority for a loan to pay property taxes or special assessments by June 30 of the year in which the taxes or special assessments are payable on a qualifying dwelling unit and, except as provided in s. 234.625 (5), specify specifies the names of all coowners;.

(2) Reside The participant resides in the qualifying dwelling unit more than 6 months of the year preceding each year of participation, but temporary residency in a health care facility may be substituted for any portion of this 6-month residency;.

(3) Keep The participant keeps continuously in effect during the period that a loan is outstanding under ss. 234.621 to 234.626 a fire and extended casualty insurance policy on the qualifying dwelling unit satisfactory to the authority and permit permits the authority to be named on the policy as a lienholder; and.

(4) Either The participant either individually or with other coowners own owns the qualifying dwelling unit free and clear. If the qualifying dwelling unit is owned with coowners, each of these persons must approve the application under sub. (1).

(5) Earned The participant earned no more than $20,000 in income, as defined under s. 71.52 (5), in the year prior to the year in which the property taxes or special assessments for which the loan is made are due.

Note: Amends provision (intro.) for conformity with current style for (intro.) provisions and amends the subsequent subsections accordingly. Replaces punctuation for internal consistency and conformity with current style.

85,21 Section 21. 234.65 (3) (intro.) of the statutes is amended to read:

234.65 (3) (intro.) The Except as provided in sub. (3g), the authority may finance an economic development loan only if all of the following conditions are met:

85,22 Section 22 . 234.65 (3) (a) 1. of the statutes is renumbered 234.65 (3) (a) and amended to read:

234.65 (3) (a) The business which that will receive the loan, at least 30 days prior to signing of the loan contract, has given notice of intent to sign the contract, on a form prescribed under s. 560.034 (1), to the department of commerce and to any collective bargaining agent in this state with whom the person has a collective bargaining agreement; and.

85,23 Section 23 . 234.65 (3) (a) 2. of the statutes is renumbered 234.65 (3) (am) and amended to read:

234.65 (3) (am) The authority has received an estimate issued under s. 560.034 (5) (b), and the department of commerce has estimated whether the project which that the authority would finance under the loan is expected to eliminate, create or maintain jobs on the project site and elsewhere in this state and the net number of jobs expected to be eliminated, created or maintained as a result of the project.

Note: Section 234.65 (3) (a) 3. and 4. are renumbered to s. 234.65 (3g) (a) and (b) by the next section of this bill and s. 234.65 (3) (intro.) is amended to reflect the renumbering. See the next section of this bill. Section 234.65 (3) (a) 1. and 2. are renumbered. Incorrectly used "which" is replaced consistent with current style.

85,24 Section 24. 234.65 (3) (a) 3. and 4. of the statutes are renumbered 234.65 (3g) (a) and (b) and amended to read:

234.65 (3g) (a) Nothing in this paragraph sub. (3) (a) or (am) may be deemed considered to require a business signing a loan contract to satisfy an estimate under subd. 2. sub. (3) (am).

(b) Subdivisions 1. to 3. Paragraph (a) and sub. (3) (a) and (am) do not apply to a person engaged in the business of operating a railroad or to an economic development loan to finance an economic development project described under s. 234.01 (4n) (c).

Note: Section 234.65 (3) (a) 3. and 4. are renumbered to a separate provision as subds. 3. and 4. are not read together with subds. 1. and 2. and do not fit grammatically under sub. (3) (intro.). Replaces disfavored term and amends cross-references consistent with the renumbering by section.

85,25 Section 25. 234.94 (2) (intro.) of the statutes is amended to read:

234.94 (2) (intro.) "Community development corporation" means any of the following:

Note: Amends provision for conformity with current style for (intro.) provisions.

85,26 Section 26. 234.94 (2) (b) of the statutes is amended to read:

234.94 (2) (b) A corporation organized under ch. 181 that satisfies all of the following requirements:

1. That The corporation is organized to operate within specific geographic boundaries;.

2. That The corporation permits all adults residing in the area of operation to become members of the corporation and limits voting membership of persons not residing in the area to not more than 10% of the total membership;.

2m. That The corporation is a nonprofit corporation, as defined in s. 181.0103 (17).

3. That The corporation has a board of directors, a majority of whom reside in a target area or are members of a target group;.

4. That The corporation makes a demonstrable effort to hire low-income or underemployed residents of the operating area;.

5. Whose The corporation's purpose is to promote the employment of members of a target group through projects that meet the conditions specified in s. 234.96 (1) (a) to (d);.

6. That The corporation demonstrates a commitment to involving residents of target areas or members of target groups in projects; and.

7. That The corporation petitions the authority for designation as a community development corporation.

Note: Amends (intro.) paragraph in accordance with current style for (intro.) provisions and amends the subsequent subdivisions to correspond with the amended (intro.). Replaces punctuation for internal consistency and conformity with current style.

85,27 Section 27. 236.20 (intro.) of the statutes is amended to read:

236.20 Final plat. (intro.) A final plat of subdivided land shall comply with all of the following requirements:

Note: Amends provision for conformity with current style for (intro.) provisions.