Wisconsin Legislature: 96,58

96,47 Section 47. 49.89 (7) (c) of the statutes is amended to read:

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.

96,48 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 The treatment of 50.06 (2) (c) of the statutes by 2005 Wisconsin Act 264 is not repealed by 2005 Wisconsin Act 387.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.

96,49 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 The treatment of 51.35 (3) (a) of the statutes by 2005 Wisconsin Act 344 is not repealed by 2005 Wisconsin Act 444.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.

96,50 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.

96,51 Section 51. 51.437 (4m) (i) of the statutes is amended to read:

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.

96,52 Section 52. 54.12 (1) (intro.) of the statutes, as affected by 2005 Wisconsin Act 387, section 310, is amended to read:

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.

96,53 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.

96,54 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.

96,55 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).

96,56 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.

96,57 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.

96,58 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).

96,59 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).

96,60 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.

96,61 Section 61. 66.0617 (9) (a) of the statutes, as affected by 2005 Wisconsin Act 477, is amended to read:

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.

96,62 Section 62. 66.0617 (9) (b) of the statutes, as created by 2005 Wisconsin Act 203, is amended to read:

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.

96,63 Section 63. 66.1105 (4) (gm) 4. a. of the statutes is amended to read:

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).

96,64 Section 64. 66.1333 (5r) (b) 2. b. of the statutes, as affected by 2005 Wisconsin Act 453, section 4, is renumbered 66.1333 (5r) (b) 1. b.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 453 renumbered s. 66.1333 (5r) (b) 2. to s. 66.1333 (5r) (b) 2. b. but renumbered the remainder of s. 66.1333 (5r) (b) 2. to s. 66.1333 (5r) (b) 1. (intro.) and a. It did not renumber or create any other provision as a part of s. 66.1333 (5r) (b) 2.

96,65 Section 65. 70.511 (2) (bm) of the statutes, as created by 2005 Wisconsin Act 405, is amended to read:

70.511 (2) (bm) No later than July 1 of each year, each municipality that pays a refund under par. (b) for property that is assessed under s. 70.995 shall notify the department of administration of the amount of all such refunds paid by the municipality in the previous fiscal year. Annually, no later than the 3rd Monday in November, from the appropriation account under s. 20.835 (2) (bm) (br), the department of administration shall pay to each municipality that pays a refund under par. (b) for property that is assessed under s. 70.995 an amount that is equal to 20 percent of the interest on such refunds paid by the municipality in the previous fiscal year and that has accrued up to the date of the determination by the tax appeals commission of the municipality's obligation.

Note: Section 20.835 (2) (bm), as created by 2004 Wisconsin Act 405, is renumbered 20.835 (2) (br) by this bill.

96,66 Section 66. 71.05 (6) (a) 15. of the statutes, as affected by 2005 Wisconsin Acts 361, 479 and 483, is amended to read:

71.05 (6) (a) 15. The amount of the credits computed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (3g), (3n), (3s), (3t), (3w), (5b), (5d), and (5e), (5f), and (5h) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g).

Note: Deletes extra "and".

96,67 Section 67. 71.07 (2dm) (a) 1. of the statutes, as affected by 2005 Wisconsin Act 487, is amended to read:

71.07 (2dm) (a) 1. "Certified" means entitled under s. 560.795 (3) (a) 4. to claim tax benefits or certified under s. 560.795 (5), 560.798 (3), or 560.799 560.7995 (4).