AB606: Bill Text

AB606, s. 30 Section 30. 49.45 (18) (b) 6. of the statutes is amended to read:

AB606,24,25 49.45 (18) (b) 6. Transportation by common carrier or private motor vehicle, if authorized in advance by a county department under s. 46.215 or 46.22 , or by specialized medical vehicle.

AB606, s. 31 Section 31. 50.065 (1) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,25,4 50.065 (1) (b) "Client" means a person who receives direct care or treatment services from an entity.

AB606, s. 32 Section 32. 50.065 (1) (c) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,25,11 50.065 (1) (c) (intro.) "Entity" means a facility, organization or service that is regulated, licensed or certified by or registered with the department to provide direct care or treatment services to clients. "Entity" includes a personal care worker agency and a supportive home care service agency. "Entity" does not include any of the following:

AB606, s. 33 Section 33. 50.065 (1) (c) 3. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,25,16 50.065 (1) (c) 3. A person certified as a medical assistance provider, as defined in s. 49.43 (10), who is not otherwise regulated, licensed or certified by or registered with the department.

AB606, s. 34 Section 34. 50.065 (1) (c) 6. of the statutes is created to read:

AB606,25,18 50.065 (1) (c) 6. A public health dispensary established under s. 252.10.

AB606, s. 35 Section 35. 50.065 (2) (a) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,25,24 50.065 (2) (a) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), the department may not license, certify or register a person to operate an entity or continue the license, certification or registration of a person to operate an entity if the department knows or should have known any of the following:

AB606, s. 36 Section 36. 50.065 (2) (am) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,26,6 50.065 (2) (am) (intro.) The Subject to par. (bd), the department shall obtain all of the following with respect to a person specified under par. (a) (intro.) and a person specified under par. (ag) (intro.) who is a resident or prospective resident of an entity:

AB606, s. 37 Section 37. 50.065 (2) (am) 5. of the statutes is created to read:

AB606,26,18 50.065 (2) (am) 5. Information maintained by the department under this section regarding any denial to the person of a license, certification or registration or of a continuation of a license, certification or registration to operate an entity for a reason specified in par. (a) 1. to 5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the information obtained under this subdivision indicates that the person has been denied a license, certification or registration, continuation of a license, certification or registration, a contract, employment or permission to reside as described in this subdivision, the department, a county department or a school board need not obtain the information specified in subds. 1. to 4.

AB606, s. 38 Section 38. 50.065 (2) (b) 1. (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,26,24 50.065 (2) (b) 1. (intro.) Subject to subds. subd. 2. and 3. par. (bd), every entity shall obtain all of the following with respect to a person specified under par. (ag) (intro.) who is an employe or contractor or a prospective employe or contractor of the entity:

AB606, s. 39 Section 39. 50.065 (2) (b) 1. e. of the statutes is created to read:

AB606,27,10 50.065 (2) (b) 1. e. Information maintained by the department under this section regarding any denial to the person of a license, certification or registration or of a continuation of a license, certification or registration to operate an entity for a reason specified in par. (a) 1. to 5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the information obtained under this subd. 1. e. indicates that the person has been denied a license, certification or registration, continuation of a license, certification or registration, a contract, employment or permission to reside as described in this subd. 1. e., the entity need not obtain the information specified in subd. 1. a. to d.

AB606, s. 40 Section 40. 50.065 (2) (b) 3. of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 50.065 (2) (bd) and amended to read:

AB606,27,19 50.065 (2) (bd) Subdivision 1. does Paragraphs (am) and (b) 1. do not apply with respect to a person under 18 years of age whose background information form under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at the entity for a reason specified in par. (ag) 1. to 5. and with respect to whom the entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with or permitted to reside at the entity for any of those reasons.

AB606, s. 41 Section 41. 50.065 (2) (bg) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,28,8 50.065 (2) (bg) If an entity takes an action specified in par. (ag) (intro.) with respect to a person an employe, prospective employe, contractor or prospective contractor for whom, within the last 4 years, the information required under par. (b) 1. a. to c. and e. has already been obtained, either by another entity or by a temporary employment agency, the entity may obtain the information required under par. (b) 1. a. to c. and e. from that other entity or temporary employment agency, which shall provide the information, if possible, to the entity. If an entity cannot obtain the information required under par. (b) 1. a. to c. and e. from another entity or from a temporary employment agency or if an entity has reasonable grounds to believe that any information obtained from another entity or from a temporary employment agency is no longer accurate, the entity shall obtain that information from the sources specified in par. (b) 1. a. to c and e.

AB606, s. 42 Section 42. 50.065 (2) (c) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,28,17 50.065 (2) (c) If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at an entity for a reason specified in par. (ag) 1. to 5., an entity may employ or contract with the person or permit the person to reside at the entity for not more than 60 days pending the receipt of the information sought under par. (am) or (b) 1. An entity shall provide supervision for a person who is employed or contracted with or permitted to reside as permitted under this paragraph.

AB606, s. 43 Section 43. 50.065 (3) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,28,23 50.065 (3) (a) Every 4 years or at any time within that period that the department considers appropriate, the department shall request the information specified in sub. (2) (am) 1. to 4. for all persons who are licensed to operate an entity and for all persons specified in par. (ag) (intro.) who are residents of an entity.

AB606, s. 44 Section 44. 50.065 (3) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,29,4 50.065 (3) (b) Every 4 years or at any other time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to d. for all persons specified in sub. (2) (ag) (intro.) who are employes or contractors of the entity.

AB606, s. 45 Section 45. 50.065 (5) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,29,16 50.065 (5) (intro.) The department may license, certify or register to operate an entity a person who otherwise may not be licensed certified or registered for a reason specified in sub. (2) (a) 1. to 5., and an entity may employ, contract with or permit to reside at the entity a person who otherwise may not be employed, contracted with or permitted to reside at the entity for a reason specified in sub. (2) (ag) 1. to 5., if the person demonstrates to the department by clear and convincing evidence and in accordance with procedures established by the department by rule that he or she has been rehabilitated. No person who has been convicted of any of the following offenses may be permitted to demonstrate that he or she has been rehabilitated:

AB606, s. 46 Section 46. 50.065 (5) (f) of the statutes is created to read:

AB606,29,19 50.065 (5) (f) An offense that is included in the list established by the department by rule promulgated under sub. (7) (am).

AB606, s. 47 Section 47. 50.065 (5m) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,30,3 50.065 (5m) Notwithstanding s. 111.335, the department may refuse to license, certify or register a person to operate an entity, and an entity may refuse to employ, contract with or permit to reside at the entity a person specified in sub. (2) (ag) (intro.), if the person has been convicted of an offense that the department has not defined as a "serious crime" by rule promulgated under sub. (7) (a), or specified in the list established by rule under sub. (7) (b), but that is, in the estimation of the department or entity, substantially related to the care of a client.

AB606, s. 48 Section 48. 50.065 (6) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,30,8 50.065 (6) (a) The department shall require any person who applies for issuance or continuation of a license, certification or registration to operate an entity to complete a background information form that is provided by the department.

AB606, s. 49 Section 49. 50.065 (6) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,30,16 50.065 (6) (b) For persons specified under par. (a) who are regulated, licensed or certified by, or registered with, the department, for person specified in par. (am) 2., and for other persons specified by the department by rule, the entity shall send the background information form to the department. For all other persons specified in par. (a) and for persons specified under par. (am) 1., the entity shall maintain the background information form on file for inspection by the department.

AB606, s. 50 Section 50. 50.065 (7) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,31,4 50.065 (7) (a) Establish by rule a definition of "serious crime" for the purpose of this section. The definition shall include only crimes or acts that are substantially related to the care of a client, shall include those crimes or acts that are included in the list established under par. (am), shall include the offenses specified in sub. (5) (a) to (e) and shall include classes of crimes or acts involving abuse or neglect of a client for which no a person who has committed any of those crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been rehabilitated. The definition may also include other crimes or acts that do not involve abuse or neglect of a client but that are substantially related to the care of a client for which no person who committed any of those crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been rehabilitated.

AB606, s. 51 Section 51. 50.065 (7) (am) of the statutes is created to read:

AB606,31,14 50.065 (7) (am) Establish by rule a list of crimes or acts, in addition to those offenses specified in sub. (5) (a) to (e), involving the abuse or neglect of a client for which no person who has committed any of those crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been rehabilitated. The list may also include other crimes or acts, in addition to those offenses specified in sub. (5) (a) to (e), that do not involve the abuse or neglect of a client, but that are substantially related to the care of a client, for which no person who has committed any of those crimes or acts may be permitted to demonstrate under sub. (5) what he or she has been rehabilitated.

AB606, s. 52 Section 52. 59.53 (5) of the statutes, as affected by 1997 Wisconsin Act 3 and 1997 Wisconsin Act 27, section 2165, is amended to read:

AB606,32,7 59.53 (5) Child and spousal support; paternity program; medical support liability program. The board shall contract with the department of workforce development to implement and administer the child and spousal support and establishment of paternity and the medical support liability programs provided for by Title IV of the federal social security act. The board may designate by board resolution any office, officer, board, department or agency, except the clerk of circuit court, as the county child support agency. The board or county child support agency shall implement and administer the programs in accordance with the contract with the department of workforce development. The attorneys responsible for support enforcement under sub. (6) (a), family court commissioner and all other county officials shall cooperate with the county and the department of workforce development as necessary to provide the services required under the programs. The county shall charge the fee established by the department of workforce development under s. 49.22 for services provided under this subsection to persons not receiving benefits under s. 49.148, 49.153 or 49.155 or assistance under s. 46.261, 49.19 or 49.47.

AB606, s. 53 Section 53. 66.46 (6) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB606,33,4 66.46 (6) (c) Except for tax increments allocated under par. (d), (dm), (dp) or (e), all tax increments received with respect to a tax incremental district shall, upon receipt by the city treasurer, be deposited into a special fund for that district. The city treasurer may deposit additional moneys into such fund pursuant to an appropriation by the common council. No moneys may be paid out of such fund except to pay project costs with respect to that district, to reimburse the city for such payments, to pay project costs of a district under par. (d), (dm), (dp) or (e) or to satisfy claims of holders of bonds or notes issued with respect to such district. Subject to par. (d), (dm), (dp) or (e), moneys paid out of the fund to pay project costs with respect to a district may be paid out before or after the district is terminated under sub. (7). Subject to any agreement with bondholders, moneys in the fund may be temporarily invested in the same manner as other city funds if any investment earnings are applied to reduce project costs. After all project costs and all bonds and notes with respect to the district have been paid or the payment thereof provided for, subject to any agreement with bondholders, if there remain in the fund any moneys that are not allocated under par. (d), (dm), (dp) or (e), they shall be paid over to the treasurer of each county, school district or other tax levying municipality or to the general fund of the city in the amounts that belong to each respectively, having due regard for that portion of the moneys, if any, that represents tax increments not allocated to the city and that portion, if any, that represents voluntary deposits of the city into the fund.

AB606, s. 54 Section 54. 66.46 (6) (dm) 3. (intro.) and a. of the statutes, as created by 1997 Wisconsin Act 27, are consolidated, renumbered 66.46 (6) (dm) 3. and amended to read:

AB606,33,11 66.46 (6) (dm) 3. This paragraph applies only to the following cities: a. A in a city with a population of at least 10,000 that was incorporated in 1950 and that is in a county with a population of more than 500,000 which is adjacent to one of the Great Lakes.

AB606, s. 55 Section 55. 66.46 (6) (dm) 3. b. of the statutes, as created by 1997 Wisconsin Act 27, is repealed.

AB606, s. 56 Section 56. 66.46 (6) (dp) of the statutes is created to read:

AB606,33,21 66.46 (6) (dp) 1. Not later than the date on which a tax incremental district terminates under sub. (7) (am), a planning commission may amend under sub. (4) (h) 1. the project plan of such a tax incremental district to allocate positive tax increments generated by that tax incremental district to another tax incremental district created by that planning commission in which soil affected by environmental pollution exists to the extent that development has not been able to proceed according to the project plan because of the environmental pollution.

AB606,33,25 2. Except as provided in subd. 2m., no tax increments may be allocated under this paragraph later than 16 years after the last expenditure identified in the project plan of the tax incremental district, the positive tax increments of which are to be allocated, is made.

AB606,34,7 2m. No tax increments may be allocated under this paragraph later than 20 years after the last expenditure identified in the project plan of the tax incremental district, the positive tax increments of which are to be allocated, is made if the district is created before October 1, 1995, except that in no case may the total number of years during which expenditures are made under par. (am) 1. plus the total number of years during which tax increments are allocated under this paragraph exceed 27 years.

AB606,34,10 3. This paragraph applies only in a city with a population of at least 50,000 that was incorporated in 1853 and that is in a county with a population of more than 140,000 that contains a portion of the Fox River and Lake Winnebago.

AB606,34,11 4. This paragraph does not apply after January 1, 2016.

AB606, s. 57 Section 57. 66.46 (7) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB606,34,20 66.46 (7) (a) That time when the city has received aggregate tax increments with respect to such district in an amount equal to the aggregate of all project costs under the project plan and any amendments to the project plan for such district, except that this paragraph does not apply to a district whose positive tax increments have been allocated under sub. (6) (d), (dm), (dp) or (e) until the district to which the allocation is made has paid off the aggregate of all of its project costs under its project plan.

AB606, s. 58 Section 58. 70.375 (6) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB606,35,14 70.375 (6) Indexing. The For calendar year 1983 and corresponding fiscal years and thereafter, the dollar amounts in sub. (5) and s. 70.395 (1) and (2) (d) 1m. and 5. a. and (dg) shall be changed to reflect the percentage change between the gross national product deflator for June of the current year and the gross national product deflator for June of the previous year, as determined by the U.S. department of commerce as of December 30 of the year for which the taxes are due, except that no annual increase may be more than 10%. For calendar year 1983 and corresponding fiscal years and thereafter until calendar year 1997 and corresponding fiscal years, the dollar amounts in s. 70.395 (1m), 1995 stats., shall be changed to reflect the percentage change between the gross national product deflator for June of the current year and the gross national product deflator for June of the previous year, as determined by the U.S. department of commerce as of December 30 of the year for which the taxes are due, except that no annual increase may be more than 10%. The revised amounts shall be rounded to the nearest whole number divisible by 100 and shall not be reduced below the amounts under sub. (5) on November 28, 1981. Annually, the department shall adopt any changes in dollar amounts required under this subsection and incorporate them into the appropriate tax forms.

AB606, s. 59 Section 59. 71.06 (2s) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,36,4 71.06 (2s) (a) For taxable years beginning after December 31, 1996, and ending before January 1, 1998, with respect to nonresident individuals, including individuals changing their domicile into or from this state, the tax brackets under subs. (1) and (2) shall be multiplied by a fraction, the numerator of which is Wisconsin adjusted gross income and the denominator of which is federal adjusted gross income. In this paragraph, for married persons filing separately "adjusted gross income" means the separate adjusted gross income of each spouse, and for married persons filing jointly "adjusted gross income" means the total adjusted gross income of both spouses. If an individual and that individual's spouse are not both domiciled in this state during the entire taxable year, the tax brackets under subs. (1) and (2) on a joint return shall be multiplied by a fraction, the numerator of which is their joint Wisconsin adjusted gross income and the denominator of which is their joint federal adjusted gross income.

AB606, s. 60 Section 60. 71.07 (2dx) (a) 5. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,36,15 71.07 (2dx) (a) 5. "Member of a targeted group" means a person under sub. (2dj) (am) 1., a person who resides in an empowerment zone, or an enterprise community, that the U.S. government designates, a person who is employed in an unsubsidized job but meets the eligibility requirements under s. 49.145 (2) and (3) for a Wisconsin works employment position, a person who is employed in a trial job, as defined in s. 49.141 (1) (n), a person who is eligible for the Wisconsin works health plan under s. 49.153 or a person who is eligible for child care assistance under s. 49.155; if the person has been certified in the manner under sub. (2dj) (am) 3. by a designated local agency, as defined in sub. (2dj) (am) 2.

AB606, s. 61 Section 61. 71.28 (1dx) (a) 5. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,37,2 71.28 (1dx) (a) 5. "Member of a targeted group" means a person under sub. (1dj) (am) 1., a person who resides in an empowerment zone, or an enterprise community, that the U.S. government designates, a person who is employed in an unsubsidized job but meets the eligibility requirements under s. 49.145 (2) and (3) for a Wisconsin works employment position, a person who is employed in a trial job, as defined in s. 49.141 (1) (n), a person who is eligible for the Wisconsin works health plan under s. 49.153 or a person who is eligible for child care assistance under s. 49.155; if the person has been certified in the manner under sub. (1dj) (am) 3. by a designated local agency, as defined in sub. (1dj) (am) 2.

AB606, s. 62 Section 62. 71.47 (1dx) (a) 5. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,37,13 71.47 (1dx) (a) 5. "Member of a targeted group" means a person under sub. (1dj) (am) 1., a person who resides in an empowerment zone, or an enterprise community, that the U.S. government designates, a person who is employed in an unsubsidized job but meets the eligibility requirements under s. 49.145 (2) and (3) for a Wisconsin works employment position, a person who is employed in a trial job, as defined in s. 49.141 (1) (n), a person who is eligible for the Wisconsin works health plan under s. 49.153 or a person who is eligible for child care assistance under s. 49.155; if the person has been certified in the manner under sub. (1dj) (am) 3. by a designated local agency, as defined in sub. (1dj) (am) 2.

AB606, s. 63 Section 63. 71.64 (9) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB606,38,8 71.64 (9) (b) The department shall from time to time adjust the withholding tables to reflect any changes in income tax rates, any applicable surtax or any changes in dollar amounts in s. 71.06 (1), (1m) and (2) resulting from statutory changes, except that the department may not adjust the withholding tables to reflect the changes in rates in s. 71.06 (1m) and (2) (c) and (d) and any changes in dollar amounts with respect to bracket indexing under s. 71.06 (2e) and with respect to standard deduction indexing under s. 71.05 (22) (ds) for any taxable year that begins before January 1, 2000. The tables shall account for the working families tax credit under s. 71.07 (5m). The tables shall be extended to cover from zero to 10 withholding exemptions, shall assume that the payment of wages in each pay period will, when multiplied by the number of pay periods in a year, reasonably reflect the annual wage of the employe from the employer and shall be based on the further assumption that the annual wage will be reduced for allowable deductions from gross income. The department may determine the length of the tables and a reasonable span for each bracket. In preparing the tables the department shall adjust all withholding amounts not an exact multiple of 10 cents to the next highest figure that is a multiple of 10 cents. The department shall also provide instructions with the tables for withholding with respect to quarterly, semiannual and annual pay periods.

AB606, s. 64 Section 64. 77.53 (9m) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed and recreated to read:

AB606,38,17 77.53 (9m) Any person who is not otherwise required to collect any tax imposed by this subchapter and who makes sales to persons within this state of tangible personal property or taxable services the use of which is subject to tax under this subchapter may register with the department under the terms and conditions that the department imposes and shall obtain a valid certificate under s. 73.03 (50) and thereby be authorized and required to collect, report and remit to the department the use tax imposed by this subchapter.

AB606, s. 65 Section 65. 77.54 (14) (f) of the statutes, as created by 1997 Wisconsin Act 27, is repealed and recreated to read:

AB606,38,23 77.54 (14) (f) Furnished without charge to a physician, surgeon, nurse anesthetist, advanced practice nurse, osteopath, dentist who is licensed under ch. 447, podiatrist who is licensed under ch. 448 or optometrist who is licensed under ch. 449 if the medicine may not be dispensed without a prescription.

AB606, s. 66 Section 66. 78.58 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB606,39,6 78.58 (3) Computation of tax. Each general aviation fuel licensee at the time of making the monthly or quarterly report shall compute and pay the full amount of the general aviation fuel tax for the next preceding month or quarter, which shall be computed as follows: the number of gallons of general aviation fuel placed into the fuel supply tanks of an aircraft or into bulk storage facilities by the general aviation fuel licensee, multiplied by 0.065 0.06 and the resulting figure expressed in dollars.

AB606, s. 67 Section 67. 86.195 (2) (ag) 16m. of the statutes, as created by 1997 Wisconsin Act 27, is repealed.

AB606, s. 68 Section 68. 118.51 (4) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB606,39,12 118.51 (4) (a) (intro.) By December 1997 February 1, 1998, each school board shall adopt a resolution specifying all of the following:

AB606, s. 69 Section 69. 118.52 (4) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB606,39,18 118.52 (4) Adoption of policies and criteria. By December 1997 February 1, 1998, each school board shall adopt a resolution specifying the criteria and policies described in subs. (5) and (6). If the school board wishes to revise the criteria or policies, it shall do so by resolution.

AB606, s. 70 Section 70. 125.51 (3) (e) 3. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB606,39,23 125.51 (3) (e) 3. Each municipal governing body shall establish the annual fee for a "Class B" license issued under sub. (4) (v). The initial annual fee may be different from the annual fee to renew the license.

AB606, s. 71 Section 71. 125.51 (4) (br) 1. b., c. and d. of the statutes, as created by 1997 Wisconsin Act 27, are amended to read:

AB606,40,2 125.51 (4) (br) 1. b. Subtract the number recorded under par. (bm) 2. b. from the result under subd. 1. a.

AB606,40,4 c. Divide the result under subd. 2. 1. b. by 2, except that if the result is not a whole number round the quotient down to the nearest whole number.

AB606,40,5 d. Add 3 to the result under subd. 2. 1. c.

AB606, s. 72 Section 72. 146.40 (4r) (am) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read: