AB935: Bill Text

AB935, s. 61 Section 61. 66.1105 (5) (bg) of the statutes, as created by 2001 Wisconsin Act 11, is renumbered 66.1105 (5) (bj).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2001 Wis. Act 5 also created an s. 66.1105 (5) (bg).

AB935, s. 62 Section 62. 66.1107 (2) (a) of the statutes is amended to read:

AB935,24,7 66.1107 (2) (a) Holding of a public hearing by the planning commission or by the local governing body at which interested parties are afforded a reasonable opportunity to express their views on the proposed designation and boundaries of a reinvestment neighborhood or area. Notice of the hearing shall be published as a class 2 notice, under ch. 985. Before publication, a copy of the notice shall be sent by 1st class mail to the Wisconsin housing Housing and economic development authority Economic Development Authority, and a copy shall be posted in each school building and in at least 3 other places of public assembly within the reinvestment neighborhood or area proposed to be designated.

Note: Capitalizes authority title consistent with current style.

AB935, s. 63 Section 63. 66.1201 (16) (a) of the statutes is amended to read:

AB935,24,11 66.1201 (16) (a) In this subsection, "government" includes the Wisconsin housing Housing and economic development authority Economic Development Authority.

Note: Capitalizes authority title consistent with current style.

AB935, s. 64 Section 64. 66.1205 (3) of the statutes is amended to read:

AB935,24,16 66.1205 (3) Subsection (1) (a) and (c) does not apply in the case of housing projects to the financing of which the Wisconsin housing Housing and economic development authority Economic Development Authority is a party, as to which ch. 234 shall be controlling.

Note: Capitalizes authority title consistent with current style.

AB935, s. 65 Section 65. 66.1213 (7) (b) of the statutes is amended to read:

AB935,24,20 66.1213 (7) (b) As set down by the Wisconsin housing Housing and economic development authority Economic Development Authority in accordance with ch. 234 in the case of housing projects to the financing of which it is a party.

Note: Capitalizes authority title consistent with current style.

AB935, s. 66 Section 66. 71.05 (1) (c) 1. of the statutes is amended to read:

AB935,25,4 71.05 (1) (c) 1. The Wisconsin housing Housing and economic development authority Economic Development Authority under s. 234.65, if the bonds are used to fund an economic development loan to finance construction, renovation , or development of property that would be exempt under s. 70.11 (36).

Note: Capitalizes authority title consistent with current style.

AB935, s. 67 Section 67. 71.05 (1) (c) 2. of the statutes is amended to read:

AB935,25,8 71.05 (1) (c) 2. The Wisconsin housing Housing and economic development authority Economic Development Authority, if the bonds are to fund a loan under s. 234.935, 1997 stats.

Note: Capitalizes authority title consistent with current style.

AB935, s. 68 Section 68. 73.03 (35) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB935,25,17 73.03 (35) To deny a portion of a credit claimed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dm), (2dr), (2ds), or (2dx), 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1dL), (1ds), (1dx), or (4) (am), or 71.47 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), or (4) (am) if granting the full amount claimed would violate a requirement under s. 560.785 or would bring the total of the credits granted to that claimant under all of those subsections over the limit for that claimant under s. 560.768, 560.795 (2) (b), or 560.797 (5) (b).

Note: 2001 Wis. Act 16 inserted the underscored comma after "560.795 (2) (b)" without showing it as underscored. The change was intended. Reorders subsection cross-reference to be in correct numeric order.

AB935, s. 69 Section 69 . 77.52 (2) (a) 10. of the statutes, as affected by 2001 Wisconsin Act 16, section 2245, is amended to read:

AB935,27,13 77.52 (2) (a) 10. Except for installing or applying tangible personal property which, when installed or applied, will constitute an addition or capital improvement of real property, the repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, and maintenance of all items of tangible personal property unless, at the time of such repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, or maintenance, a sale in this state of the type of property repaired, serviced, altered, fitted, cleaned, painted, coated, towed, inspected, or maintained would have been exempt to the customer from sales taxation under this subchapter, other than the exempt sale of a motor vehicle or truck body to a nonresident under s. 77.54 (5) (a) and other than nontaxable sales under s. 77.51 (14r). For purposes of this paragraph, the following items shall be deemed considered to have retained their character as tangible personal property, regardless of the extent to which any such item is fastened to, connected with , or built into real property: furnaces, boilers, stoves, ovens, including associated hoods and exhaust systems, heaters, air conditioners, humidifiers, dehumidifiers, refrigerators, coolers, freezers, water pumps, water heaters, water conditioners and softeners, clothes washers, clothes dryers, dishwashers, garbage disposal units, radios and radio antennas, incinerators, television receivers and antennas, record players, tape players, jukeboxes, vacuum cleaners, furniture and furnishings, carpeting and rugs, bathroom fixtures, sinks, awnings, blinds, gas and electric logs, heat lamps, electronic dust collectors, grills and rotisseries, bar equipment, intercoms, recreational, sporting, gymnasium and athletic goods and equipment including by way of illustration but not of limitation bowling alleys, golf practice equipment, pool tables, punching bags, ski tows, and swimming pools; equipment in offices, business facilities, schools, and hospitals but not in residential facilities including personal residences, apartments, long-term care facilities, as defined under s. 16.009 (1) (em), state institutions, as defined under s. 101.123 (1) (i), or similar facilities, including, by way of illustration but not of limitation, lamps, chandeliers, and fans, venetian blinds, canvas awnings, office and business machines, ice and milk dispensers, beverage-making equipment, vending machines, soda fountains, steam warmers and tables, compressors, condensing units and evaporative condensers, pneumatic conveying systems; laundry, dry cleaning, and pressing machines, power tools, burglar alarm and fire alarm fixtures, electric clocks, and electric signs. "Service" does not include services performed by veterinarians. The tax imposed under this subsection applies to the repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, or maintenance of items listed in this subdivision, regardless of whether the installation or application of tangible personal property related to the items is an addition to or a capital improvement of real property, except that the tax imposed under this subsection does not apply to the original installation or the complete replacement of an item listed in this subdivision, if such installation or replacement is a real property construction activity under s. 77.51 (2).

Note: 2001 Wis. Act 16 inserted the stricken comma without showing it as underscored. No change was intended. The underscored commas are added to improve grammar. Replaces disfavored term.

AB935, s. 70 Section 70 . 77.52 (2) (a) 10. of the statutes, as affected by 2001 Wisconsin Act 16, section 2245d, is amended to read:

AB935,29,9 77.52 (2) (a) 10. Except for installing or applying tangible personal property which, when installed or applied, will constitute an addition or capital improvement of real property, the repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, and maintenance of all items of tangible personal property unless, at the time of such repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, or maintenance, a sale in this state of the type of property repaired, serviced, altered, fitted, cleaned, painted, coated, towed, inspected, or maintained would have been exempt to the customer from sales taxation under this subchapter, other than the exempt sale of a motor vehicle or truck body to a nonresident under s. 77.54 (5) (a) and other than nontaxable sales under s. 77.51 (14r). For purposes of this paragraph, the following items shall be deemed considered to have retained their character as tangible personal property, regardless of the extent to which any such item is fastened to, connected with , or built into real property: furnaces, boilers, stoves, ovens, including associated hoods and exhaust systems, heaters, air conditioners, humidifiers, dehumidifiers, refrigerators, coolers, freezers, water pumps, water heaters, water conditioners and softeners, clothes washers, clothes dryers, dishwashers, garbage disposal units, radios and radio antennas, incinerators, television receivers and antennas, record players, tape players, jukeboxes, vacuum cleaners, furniture and furnishings, carpeting and rugs, bathroom fixtures, sinks, awnings, blinds, gas and electric logs, heat lamps, electronic dust collectors, grills and rotisseries, bar equipment, intercoms, recreational, sporting, gymnasium and athletic goods and equipment including by way of illustration but not of limitation bowling alleys, golf practice equipment, pool tables, punching bags, ski tows, and swimming pools; equipment in offices, business facilities, schools and hospitals but not in residential facilities including personal residences, apartments, long-term care facilities, as defined under s. 16.009 (1) (em), state institutions, as defined under s. 101.123 (1) (i), Type 1 secured correctional facilities, as defined in s. 938.02 (19), or similar facilities, including, by way of illustration but not of limitation, lamps, chandeliers, and fans, venetian blinds, canvas awnings, office and business machines, ice and milk dispensers, beverage-making equipment, vending machines, soda fountains, steam warmers and tables, compressors, condensing units and evaporative condensers, pneumatic conveying systems; laundry, dry cleaning, and pressing machines, power tools, burglar alarm and fire alarm fixtures, electric clocks and electric signs. "Service" does not include services performed by veterinarians. The tax imposed under this subsection applies to the repair, service, alteration, fitting, cleaning, painting, coating, towing, inspection, or maintenance of items listed in this subdivision, regardless of whether the installation or application of tangible personal property related to the items is an addition to or a capital improvement of real property, except that the tax imposed under this subsection does not apply to the original installation or the complete replacement of an item listed in this subdivision, if such installation or replacement is a real property construction activity under s. 77.51 (2).

Note: 2001 Wis. Act 16 inserted the stricken comma without showing it as underscored. No change was intended. The underscored commas are added for improved grammar. Replaces disfavored term.

AB935, s. 71 Section 71. 84.072 (4) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB935,30,3 84.072 (4) Requirements of certified businesses. A business certified as a disadvantaged business shall, within 30 days after a change in the business's size, disadvantaged status, ownership, or control that could preclude its certification as a disadvantaged business under 49 CFR 26, notify the department of such that change by sworn and notarized statement. A business certified as a disadvantaged business shall submit annually to the department a sworn, notarized statement attesting that there have been no changes to the business's size, disadvantaged status, ownership, or control, or its gross receipts, that would preclude its certification as a disadvantaged business under 49 CFR 26. The notice shall include a statement that the business meets the size and gross receipts criteria for certification, and shall include documentary evidence supporting that statement. The department shall remove the certification of any disadvantaged business that fails to provide the statement within 13 months after certification under this section, or within 13 months after it last submitted to the department the information required under this subsection, whichever is later.

Note: Replaces disfavored term and inserts article and "its" to improve grammar and clarity.

AB935, s. 72 Section 72. 84.1040 of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 84.1037.

Note: Confirms renumbering by the Revisor under s. 13.93 (1) (b). In the Wisconsin statutory numbering system, ss. 84.104 and 84.1040 are equivalent. Section 84.104 was previously existing.

AB935, s. 73 Section 73. 85.25 (2) (a) of the statutes is amended to read:

AB935,30,11 85.25 (2) (a) "Business development organization" means the Wisconsin housing Housing and economic development authority Economic Development Authority under s. 234.02 or any private organization which that prepares business and loan plans for and provides other financial, management, and technical assistance to disadvantaged businesses.

Note: Capitalizes authority title consistent with current style.

AB935, s. 74 Section 74. 93.23 (1) (i) of the statutes is amended to read:

AB935,30,21 93.23 (1) (i) Incorporated dairy or livestock associations, upon substantial compliance with pars. (a) to (h) (g), shall be entitled to the state aid therein provided for upon premiums paid for dairy products or livestock or upon articles pertaining to the production or manufacture of such products or the raising of such livestock, in any county in which no annual fair is held by any organized agricultural society, association, or board. State aid shall be paid to but one such dairy or livestock association in any one county. All moneys received by any such association shall be paid out by it for the premiums provided for in this subsection substantially as provided in sub. (2).

Note: Section 93.23 (1) (h) was repealed by 2001 Wis. Act 16.

AB935, s. 75 Section 75. 106.215 (10) (g) 3. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB935,31,7 106.215 (10) (g) 3. The education voucher is valid for 4 years after the date of issuance for the payment of tuition and required program activity fees at any institution of higher education, as defined in 20 USC 1002, that accepts the voucher, and the. The board shall authorize payment to the institution of face value of the voucher upon presentment.

Note: 2001 Wis. Act 16 inserted the stricken comma without showing it as underscored. The inserted comma is replaced with a period and the sentence divided to improve sentence structure and readability.

AB935, s. 76 Section 76. 111.815 (1) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB935,32,5 111.815 (1) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The department shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the department shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications thereof of those agreements. Except with respect to the collective bargaining units specified in s. 111.825 (1m) and (2) (f), the department is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies on matters of agency concern. The legislative branch shall act upon those portions of tentative agreements negotiated by the department which that require legislative action. With respect to the collective bargaining units specified in s. 111.825 (1m), the University of Wisconsin Hospitals and Clinics Board is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (2) (f), the governing board of the charter school established by contract under s. 118.40 (2r) (cm) 1. is responsible for the employer functions under this subchapter.

Note: Section 118.40 (2r) (cm) is not subdivided. Inserts a specific reference.

AB935, s. 77 Section 77. 115.882 of the statutes is amended to read:

AB935,32,12 115.882 Payment of state aid. Funds appropriated under s. 20.255 (2) (b) shall be used first for the purpose of s. 115.88 (4). Costs eligible for reimbursement from the appropriations appropriation under s. 20.255 (2) (b) and (br) under ss. 115.88 (1m) to (3), (6) and (8), 115.93, and 118.255 (4) shall be reimbursed at a rate set to distribute the full amount appropriated for reimbursement for such the costs, not to exceed 100%.

Note: Section 20.255 (2) (br) was repealed by 2001 Wis. Act 16. Replaces disfavored term.

AB935, s. 78 Section 78. 118.02 (17) of the statutes, as created by 2001 Wisconsin Act 20, is renumbered 118.02 (17m).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2001 Wis. Act 16 also created a provision numbered s. 118.02 (17).

AB935, s. 79 Section 79. The treatment of 118.51 (3) (a) 1. of the statutes by 1999 Wisconsin Act 117 is not repealed by 1999 Wisconsin Act 118. Both treatments stand.

Note: There is no conflict of substance. As merged, s. 118.51 (3) (a) 1. reads:

1. The parent of a pupil who wishes to attend a public school in a nonresident school district under this section shall submit an application, on a form provided by the department under sub. (15) (a), to the school board of the nonresident school district that the pupil wishes to attend, not earlier than the first Monday in February and not later than the 3rd Friday following the first Monday in February of the school year immediately preceding the school year in which the pupil wishes to attend. Applications may be submitted to no more than 3 nonresident school boards in any school year. On the 4th Monday in February, the nonresident school board shall send a copy of the application to the pupil's resident school board and the department. The application may include a request to attend a specific school or program offered by the nonresident school district.

AB935, s. 80 Section 80. 119.82 (1) (a) 3. of the statutes is amended to read:

AB935,33,4 119.82 (1) (a) 3. Has been or is being sanctioned under s. 49.26 (1) (h) or is subject to the monthly attendance requirement under s. HSS 201.195 DWD 11.195 (4) (b) 2., Wis. adm. code Adm. Code.

Note: Inserts correct citation and changes capitalization consistent with current style.

AB935, s. 81 Section 81. 121.105 (2) (b) of the statutes is amended to read:

AB935,33,8 121.105 (2) (b) A school district is eligible to receive additional aid under par. (a) (am) only if additional aid does not result in a state aid payment greater than the school district's shared cost.

Note: Section 121.105 (2) (a) was renumbered to s. 121.105 (2) (am) by 2001 Wis. Act 16.

AB935, s. 82 Section 82. 126.16 (7) (e) 1. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB935,33,13 126.16 (7) (e) 1. Issue a summary order under s. 126.55 126.85 (2) that prohibits the grain dealer from procuring producer grain or requires the grain dealer to pay cash on delivery for all producer grain.

Note: Inserts correct cross-reference. Section 126.55 (2) defines "cash payment." Section 126.85 (2) relates to summary orders.

AB935, s. 83 Section 83. 180.0103 (7m) of the statutes is amended to read:

AB935,33,20 180.0103 (7m) "Electronic transmission" or "electronically transmitted" means internet Internet transmission, telephonic transmission, electronic mail transmission, transmission of a telegram, cablegram, or datagram, or any other form or process of communication that does not directly involve the physical transfer of paper and that is suitable for the retention, retrieval, and reproduction of information by the recipient.

Note: Capitalizes "internet" consistent with current style.

AB935, s. 84 Section 84. 196.485 (1m) (b) of the statutes is amended to read:

AB935,34,8 196.485 (1m) (b) After beginning operations, the transmission company shall, except for transmission service provided by an electric utility that has not transferred its transmission facilities to the the transmission company, have the exclusive duty to provide transmission service in those areas in which transmission facilities have been contributed. The duty under this paragraph shall terminate on the date, as determined by the commission under sub. (2) (d), that the Midwest independent system operator begins operations.

Note: Deletes repeated word.

AB935, s. 85 Section 85. 227.15 (1) (title) of the statutes is amended to read:

AB935,34,10 227.15 (1) (title) Submission Submittal to legislative council staff.

Note: Makes title consistent with the terminology used throughout the remainder of ch. 227.

AB935, s. 86 Section 86. 230.36 (1m) (b) 5. b. of the statutes is amended to read:

AB935,34,13 230.36 (1m) (b) 5. b. Surveying or inspecting within the right of way right-of-way of highways on which traffic is maintained.

Note: Corrects spelling.

AB935, s. 87 Section 87. 231.01 (1) of the statutes is amended to read:

AB935,34,16 231.01 (1) "Authority" means the Wisconsin health Health and educational facilities authority Educational Facilities Authority.

Note: Capitalizes authority title consistent with current style.

AB935, s. 88 Section 88. 234.01 (1) of the statutes is amended to read:

AB935,34,19 234.01 (1) "Authority" means the Wisconsin housing Housing and economic development authority Economic Development Authority.

Note: Capitalizes authority title consistent with current style.

AB935, s. 89 Section 89. 234.02 (title) of the statutes is amended to read:

AB935,35,3 234.02 (title) Wisconsin housing Housing and economic development authority Economic Development Authority: creation; membership; appointment and tenure; meetings; officers.

Note: Capitalizes authority title consistent with current style.

AB935, s. 90 Section 90. 234.02 (1) of the statutes is amended to read:

AB935,35,20 234.02 (1) There is created a public body corporate and politic to be known as the "Wisconsin housing Housing and economic development authority". Economic Development Authority." The members of the authority shall be the secretary of commerce or his or her designee and the secretary of administration or his or her designee, and 6 public members nominated by the governor, and with the advice and consent of the senate appointed, for staggered 4-year terms commencing on the dates their predecessors' terms expire. In addition, one senator of each party and one representative to the assembly of each party appointed as are the members of standing committees in their respective houses shall serve as members of the authority. A member of the authority shall receive no compensation for services but shall be reimbursed for necessary expenses, including travel expenses, incurred in the discharge of duties. Subject to the bylaws of the authority respecting resignations, each member shall hold office until a successor has been appointed and has qualified. A certificate of appointment or reappointment of any member shall be filed with the authority and the certificate shall be conclusive evidence of the due and proper appointment.

Note: Capitalizes authority title consistent with current style.

AB935, s. 91 Section 91. 234.98 of the statutes is amended to read:

AB935,36,9 234.98 Transferred assets. The assets and liabilities transferred from the community development finance authority Community Development Finance Authority under 1987 Wisconsin Act 399, section 3011 (2) (a) shall be separate from all other assets and liabilities of the Wisconsin housing Housing and economic development authority Economic Development Authority. The outstanding obligations or liabilities of the community development finance authority Community Development Finance Authority shall be paid only from the assets transferred to the Wisconsin housing Housing and economic development authority Economic Development Authority from the community development finance authority Community Development Finance Authority under 1987 Wisconsin Act 399, section 3011 (2) (a).