AB650: Bill Text

AB650, s. 46 Section 46. 66.04 (2) (b) of the statutes is amended to read:

AB650,27,3 66.04 (2) (b) Any town, city or village may invest surplus funds in any bonds or securities issued under the authority of the municipality, whether the bonds or securities create a general municipality liability or a liability of the property owners of the municipality for special improvements, and may sell or hypothecate the bonds or securities. Funds of any employer, as defined by s. 40.02 (28), in a deferred compensation plan may also be invested and reinvested in the same manner authorized for investments under s. 881.01 (1). Funds of any city, village, town, county, school district, drainage district, technical college district or other governing board, as defined in s. 34.01 (1), held in trust for pension plans intended to qualify under section 401 (a) of the Internal Revenue Code, may be invested and reinvested in the same manner as is authorized for investments under s. 881.01.

AB650, s. 47 Section 47. 66.04 (2s) of the statutes is created to read:

AB650,27,12 66.04 (2s) Additional delegation of investment authority. In addition to the authority granted under sub. (2m), a city, village, town, county, school district, drainage district, technical college district or other governing board, as defined in s. 34.01 (1), may delegate the investment authority over any of its funds not immediately needed and held in trust for its qualified pension plans to an investment manager who meets the requirements and qualifications specified in the trust's investment policy and who is registered as an investment adviser under the Investment Advisers Act of 1940, 15 USC 80b-3.

AB650, s. 48 Section 48. 66.46 (6) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB650,28,9 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.

AB650, s. 49 Section 49. 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:

AB650,28,16 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.

AB650, s. 50 Section 50. 66.46 (6) (dm) 3. b. of the statutes, as created by 1997 Wisconsin Act 27, is repealed.

AB650, s. 51 Section 51. 66.46 (6) (dp) of the statutes is created to read:

AB650,29,2 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.

AB650,29,6 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.

AB650,29,13 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.

AB650,29,16 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.

AB650,29,17 4. This paragraph does not apply after January 1, 2016.

AB650, s. 52 Section 52. 66.46 (7) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB650,30,2 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.

AB650, s. 53 Section 53. 70.375 (6) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB650,30,21 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.

AB650, s. 54 Section 54. 71.07 (2dx) (a) 5. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,31,7 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.

AB650, s. 55 Section 55. 71.28 (1dx) (a) 5. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,31,18 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.

AB650, s. 56 Section 56. 71.47 (1dx) (a) 5. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,32,4 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.

AB650, s. 57 Section 57. 71.83 (1) (d) 2. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,32,15 71.83 (1) (d) 2. The penalty described under subd. 1. shall be the amount of the capital gains exclusion received by the transferor under s. 71.05 (6) (b) 25. income tax that would have been imposed under s. 71.02 on the capital gains received by the transferor in the transaction described in subd. 1. if the exemption under s. 71.05 (6) (b) 25. did not apply to the transaction multiplied by a fraction, the denominator of which is 24 and the numerator of which is the difference between 24 and the number of months between the date on which the person who is liable for the penalty purchased or otherwise received the assets described in subd. 1. and the month in which the person sells or otherwise disposes of the assets.

AB650, s. 58 Section 58. 77.21 (1) of the statutes is amended to read:

AB650,32,21 77.21 (1) "Conveyance" includes deeds and other instruments for the passage of ownership interests in real estate, including contracts and assignments of a vendee's interest therein, including instruments that are evidence of a sale of time-share property, as defined in s. 707.02 (32), and including leases for at least 99 years but excluding leases for less than 99 years, easements and wills.

AB650, s. 59 Section 59. 77.51 (4) (c) 6. of the statutes is amended to read:

AB650,32,24 77.51 (4) (c) 6. Charges associated with time-share property that is taxable under s. 77.52 (2) (a) 1. or 2.

AB650, s. 60 Section 60. 77.52 (2) (a) 1. of the statutes is amended to read:

AB650,33,20 77.52 (2) (a) 1. The furnishing of rooms or lodging to transients by hotelkeepers, motel operators and other persons furnishing accommodations that are available to the public, irrespective of whether membership is required for use of the accommodations, not including the furnishing of rooms or lodging through the sale of a time-share property, as defined in s. 707.02 (32), if the use of the rooms or lodging is not fixed at the time of sale as to the starting day or the lodging unit. In this subdivision, "transient" means any person residing for a continuous period of less than one month in a hotel, motel or other furnished accommodations available to the public. In this subdivision, "hotel" or "motel" means a building or group of buildings in which the public may obtain accommodations for a consideration, including, without limitation, such establishments as inns, motels, tourist homes, tourist houses or courts, lodging houses, rooming houses, summer camps, apartment hotels, resort lodges and cabins and any other building or group of buildings in which accommodations are available to the public, except accommodations, including mobile homes as defined in s. 66.058 (1) (d), rented for a continuous period of more than one month and accommodations furnished by any hospitals, sanatoriums, or nursing homes, or by corporations or associations organized and operated exclusively for religious, charitable or educational purposes provided that no part of the net earnings of such corporations and associations inures to the benefit of any private shareholder or individual.

AB650, s. 61 Section 61. 77.54 (30) (d) of the statutes is amended to read:

AB650,34,2 77.54 (30) (d) In this subsection "residential use" means use in a structure or portion of a structure which is a person's permanent residence, but does not include use in transient accommodations, as specified in s. 77.52 (2) (a) 1.,; time-share property, as defined in s. 707.02 (32); motor homes,; or travel trailers or other recreational vehicles.

AB650, s. 62 Section 62. 85.52 (3) (cm) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,34,17 85.52 (3) (cm) The joint committee on finance may transfer moneys, at the request of the department, in amounts not to exceed the amounts necessary to meet the requirements under P.L. 104-59, section 350, from the transportation fund to the transportation infrastructure loan fund. The department shall submit to the joint committee on finance for its review and approval proposed reductions among the transportation fund appropriations to the department equal to the amount transferred under this paragraph. The joint committee on finance may approve, disapprove or modify the proposed reductions. Upon approval of the proposed reductions, as may be modified by the committee, an amount equivalent to each approved reduction is lapsed from the appropriation account for each reduced appropriation to the transportation fund. Notwithstanding s. 13.101, no moneys may be transferred from the transportation fund to the transportation infrastructure loan fund except as provided in this section and in s. 25.405.

AB650, s. 63 Section 63. 85.52 (3) (dm) of the statutes, as created by 1997 Wisconsin Act 27, is repealed.

AB650, s. 64 Section 64. 86.195 (2) (ag) 16m. of the statutes, as created by 1997 Wisconsin Act 27, is repealed.

AB650, s. 65 Section 65. 146.40 (4r) (am) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,35,2 146.40 (4r) (am) 1. Except as provided in subd. 2., an entity shall report to the department any allegation of misappropriation of the property of a client or of neglect or abuse of a client by any person employed by or under contract with the entity if the person is under the control of the entity.

AB650,35,7 2. An entity shall report to the department of regulation and licensing any allegation of misappropriation of the property of a client or of neglect or abuse of a client by any person employed by or under contract with the entity if that person holds a credential that is related to the person's employment at, or contract with, the entity if the person is under the control of the entity.

AB650,35,11 3. An entity that intentionally fails to report an allegation of misappropriation of the property of a client or of neglect or abuse of a client may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.

AB650, s. 66 Section 66. 348.27 (9m) (a) 3. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,35,22 348.27 (9m) (a) 3. Bulk potatoes from storage facilities to food processing facilities in vehicles or vehicle combinations that exceed the maximum gross weight limitations under s. 348.15 (3) (c) by not more than 10,000 pounds. A permit under this subdivision is not valid on USH 51 between STH 64 near Merrill and STH 29 south of Wausau in Lincoln and Marathon counties, and on I 39 between STH 29 south of Wausau and the I 90/94 interchange near Portage in Marathon, Portage, Waushara, Marquette and Columbia counties highways designated as part of the national system of interstate and defense highways, except to the extent permitted by federal law without any loss or reduction of federal aid or other sanction.

AB650, s. 67 Section 67. 565.05 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB650,36,3 565.05 (1) (intro.)  No employe of in the lottery division of the department who performs any duty related to the state lottery or the executive assistant or the secretary or deputy secretary of revenue may do any of the following:

AB650, s. 68 Section 68. 565.05 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB650,36,10 565.05 (1) (a) Have a direct or indirect interest in, or be employed by, any vendor while serving as an employe in the lottery division of the department and performing any duty related to the state lottery or as the executive assistant or as secretary or deputy secretary of revenue or for 2 years following the person's termination of service.

AB650, s. 69 Section 69. 565.17 (5) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB650,36,17 565.17 (5) (a) No employe of in the lottery division of the department who performs any duty related to the state lottery or the executive assistant or the secretary or deputy secretary of revenue and no member of such a person's immediate family, as defined in s. 19.42 (7), may purchase a lottery ticket or lottery share.

AB650, s. 70 Section 70. 632.746 (2) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,36,23 632.746 (2) (b) An insurer offering a group health benefit plan may not impose a preexisting condition exclusion relating to pregnancy as a preexisting condition for the purpose of coverage of expenses related to prenatal and postnatal care, delivery and any complications of pregnancy.

AB650, s. 71 Section 71. 707.46 (3) of the statutes is created to read:

AB650,37,2 707.46 (3) Recording. A contract for the purchase of a time share and any other instrument that is evidence of a purchase of a time share is valid only if it is recorded.

AB650, s. 72 Section 72. 980.06 (2) (c) of the statutes is amended to read:

AB650,38,2 980.06 (2) (c) If the court finds that the person is appropriate for supervised release, the court shall notify the department. The department and the county department under s. 51.42 in the county of residence of the person, as determined under s. 980.105, shall prepare a plan that identifies the treatment and services, if any, that the person will receive in the community. The plan shall address the person's need, if any, for supervision, counseling, medication, community support services, residential services, vocational services, and alcohol or other drug abuse treatment. The department may contract with a county department, under s. 51.42 (3) (aw) 1. d., with another public agency or with a private agency to provide the treatment and services identified in the plan. The plan shall specify who will be responsible for providing the treatment and services identified in the plan. The plan shall be presented to the court for its approval within 21 days after the court finding that the person is appropriate for supervised release, unless the department, county department and person to be released request additional time to develop the plan. If the county department of the person's county of residence declines to prepare a plan, the department may arrange for another county to prepare the plan if that county agrees to prepare the plan and if the person will be living in that county. If the department is unable to arrange for another county to prepare a plan, the court shall designate a county department to prepare the plan, order the county department to prepare the plan and place the person on supervised release in that county, except that the court may not so designate the county department in the any county where the there is a facility in which the person was persons committed for to institutional care is located under this chapter are placed unless that county is also the person's county of residence.

AB650, s. 73 Section 73. 980.08 (5) of the statutes is amended to read:

AB650,39,2 980.08 (5) If the court finds that the person is appropriate for supervised release, the court shall notify the department. The department and the county department under s. 51.42 in the county of residence of the person, as determined under s. 980.105, shall prepare a plan that identifies the treatment and services, if any, that the person will receive in the community. The plan shall address the person's need, if any, for supervision, counseling, medication, community support services, residential services, vocational services, and alcohol or other drug abuse treatment. The department may contract with a county department, under s. 51.42 (3) (aw) 1. d., with another public agency or with a private agency to provide the treatment and services identified in the plan. The plan shall specify who will be responsible for providing the treatment and services identified in the plan. The plan shall be presented to the court for its approval within 60 days after the court finding that the person is appropriate for supervised release, unless the department, county department and person to be released request additional time to develop the plan. If the county department of the person's county of residence declines to prepare a plan, the department may arrange for another county to prepare the plan if that county agrees to prepare the plan and if the person will be living in that county. If the department is unable to arrange for another county to prepare a plan, the court shall designate a county department to prepare the plan, order the county department to prepare the plan and place the person on supervised release in that county, except that the court may not so designate the county department in the any county where the there is a facility in which the person was persons committed for to institutional care is located under this chapter are placed unless that county is also the person's county of residence.

AB650, s. 9223 Section 9223. Appropriation changes; health and family services.

AB650,39,9 (1) Position decrease. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (8) (a) of the statutes, as affected by the acts of 1997, the dollar amount is decreased by $82,500 for fiscal year 1997-98 and the dollar amount is decreased by $82,500 for fiscal year 1998-99 to decrease the authorized FTE positions for the department of health and family services by 2.0 GPR positions.

AB650,39,15 (2) Position increase. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (1) (a) of the statutes, as affected by the acts of 1997, the dollar amount is increased by $82,500 for fiscal year 1997-98 and the dollar amount is increased by $82,500 for fiscal year 1998-99 to increase the authorized FTE positions for the department of health and family services by 2.0 GPR positions.

AB650, s. 9327 Section 9327. Initial applicability; insurance.

AB650,39,18 (1) Pregnancy as preexisting condition. The treatment of section 632.746 (2) (b) of the statutes first applies to all of the following:

AB650,39,20 (a) Except as provided in paragraph (b), group health benefit plans that are issued or renewed on the effective date of this paragraph.

AB650,39,24 (b) Group health benefit plans covering employes who are affected by a collective bargaining agreement containing provisions inconsistent with section 632.746 (2) (b) of the statutes, as affected by this act, that are issued or renewed on the earlier of the following:

AB650,39,25 1. The day on which the collective bargaining agreement expires.

AB650,40,2 2. The day on which the collective bargaining agreement is extended, modified or renewed.

AB650, s. 9343 Section 9343. Initial applicability; revenue.

AB650,40,6 (1) Time-share sales. The treatment of sections 77.21 (1), 77.51 (4) (c) 6., 77.52 (2) (a) 1., 77.54 (30) (d) and 707.46 (3) of the statutes first applies to sales that occur on the first day of the 2nd month beginning after publication.

AB650, s. 9400 Section 9400. Effective dates; general. Except as otherwise provided in Sections 9401 to 9456 of this act, this act takes effect on the day after publication.

AB650, s. 9423 Section 9423. Effective dates; health and family services.

AB650,40,15 (1) Criminal history and abuse record searches. The treatment of sections 48.685 (1) (a), (2) (am) (intro.), (b) 1. (intro.) and 3., (bg) and (c), (3) (a) and (b), (5) (f), (6) (b) and (7) (a) and (am), 50.065 (1) (b) and (c) (intro.), 3. and 6., (2) (a) (intro.), (am) (intro.) and 5., (b) 1. (intro.) and e. and 3., (bg) and (c), (3) (a) and (b), (5) (intro.) and (f), (5m), (6) (a) and (b) and (7) (a) and (am) and 146.40 (4r) (am) of the statutes takes effect on October 1, 1998, or on the day after publication, whichever is later.

AB650, s. 9443 Section 9443. Effective dates; revenue.

AB650,40,18 (1) Mining tax. The treatment of section 70.375 (6) of the statutes takes effect on January 1, 1998.

AB650,40,19 (End)