AB846: Bill Text

Note: Section 60.85 (9) (d) is without effect following the repeal of s. 60.85 (6) (e) by 2015 Wis. Act 257. Section 60.85 (9) (d) reads:

(d) The secretary of revenue determines that tax increments have been used to pay for ineligible costs and the secretary of revenue orders that the district be terminated under sub. (6) (e) 5. b.

AB846,33 Section 33 . 66.0435 (10) (title) of the statutes is created to read:

AB846,13,7 66.0435 (10) (title) Powers of municipalities.

Note: The other subsections in s. 66.0435 have titles.

AB846,34 Section 34 . 66.0504 (2) (a) of the statutes, as created by 2015 Wisconsin Act 356, is amended to read:

AB846,13,13 66.0504 (2) (a) If a program participant submits a written request to a local clerk that he or she keep the program participant's actual address private, the local clerk may not disclose any record in his or her possession which that would reveal the program participant's actual address, except pursuant to a court order.

Note: Replaces “which" with “that" for consistency with current style.

AB846,35 Section 35 . The treatment of 66.1105 (6) (a) 7. of the statutes by 2015 Wisconsin Act 254 is not repealed by 2015 Wisconsin Act 256. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 66.1105 (6) (a) 7. reads:

7. Twenty years after the tax incremental district is created if the district is created on or after October 1, 2004, and if the district is at least predominantly suitable for mixed-use development or industrial sites under sub. (4) (gm) 6. If the life of the district is extended under sub. (7) (am) 2. an allocation under this subdivision may be made 23 years after such a district is created. If the life of the district is extended under sub. (7) (am) 4., an allocation under this subdivision may be made for not more than an additional 3 years after allocations would otherwise have been terminated under this subdivision. For a tax incremental district created after March 3, 2016, the period during which a tax increment may be allocated under this subdivision shall be increased by one year if that district's project plan is adopted under sub. (4) (g) after September 30 and before May 15.

AB846,36 Section 36 . The treatment of 66.1105 (6) (a) 8. of the statutes by 2015 Wisconsin Act 254 is not repealed by 2015 Wisconsin Act 256. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 66.1105 (6) (a) 8. reads:

8. Twenty-seven years after the tax incremental district is created if the district is created on or after October 1, 2004, and if the district is a district specified under sub. (4) (gm) 6. other than a district specified under subd. 7. If the life of the district is extended under sub. (7) (am) 3. an allocation under this subdivision may be made 30 years after such a district is created. If the life of the district is extended under sub. (7) (am) 4., an allocation under this subdivision may be made for not more than an additional 3 years after allocations would otherwise have been terminated under this subdivision. For a tax incremental district created after March 3, 2016, the period during which a tax increment may be allocated under this subdivision shall be increased by one year if that district's project plan is adopted under sub. (4) (g) after September 30 and before May 15.

AB846,37 Section 37 . The treatment of 66.1105 (7) (ak) 2. of the statutes by 2015 Wisconsin Act 75 is not repealed by 2015 Wisconsin Act 254. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 66.1105 (7) (ak) 2. reads:

2. Except as provided in par. (am) 4., for a district that is created after September 30, 1995, and before October 1, 2004, and that is not subject to subd. 1. or 4., 23 years after the district was created, and, except as provided in subd. 3., for a district that is created before October 1, 1995, 27 years after the district is created.

AB846,38 Section 38 . The treatment of 66.1105 (7) (am) 2. of the statutes by 2015 Wisconsin Act 254 is not repealed by 2015 Wisconsin Act 256. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 66.1105 (7) (am) 2. reads:

2. Except as provided in subd. 4., for a district that is created after September 30, 2004, about which a finding is made under sub. (4) (gm) 4. a. that not less than 50 percent, by area, of the real property within the district is suitable for industrial sites or mixed-use development, 20 years after the district is created, except that the city that created the district may, subject to sub. (8) (e), request that the joint review board extend the life of the district for an additional 3 years. Along with its request for a 3-year extension, the city may provide the joint review board with an independent audit that demonstrates that the district is unable to pay off its project costs within the 20 years after the district is created. The joint review board may deny or approve a request to extend the life of the district for 3 years if the request does not include the independent audit, and the board shall approve a request to extend the life of the district for 3 years if the request includes the audit. If the joint review board extends the district's life, the district shall terminate at the earlier of the end of the extended period or the period specified in par. (a). For a tax incremental district created after March 3, 2016, the termination date for a district to which this subdivision applies shall either be increased by one year beyond the otherwise applicable termination date under this subdivision if that district's project plan is adopted under sub. (4) (g) after September 30 and before May 15, or shall be the period specified in par. (a), whichever is earlier.

AB846,39 Section 39 . The treatment of 66.1105 (7) (am) 3. of the statutes by 2015 Wisconsin Act 254 is not repealed by 2015 Wisconsin Act 256. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 66.1105 (7) (am) 3. reads:

3. Except as provided in subd. 4., for a district that is created after September 30, 2004, about which a finding is made under sub. (4) (gm) 4. a. that not less than 50 percent, by area, of the real property within the district is a blighted area or in need of rehabilitation, 27 years after the district is created, except that the city that created the district may, subject to sub. (8) (e), request that the joint review board extend the life of the district for an additional 3 years. Along with its request for a 3-year extension, the city may provide the joint review board with an independent audit that demonstrates that the district is unable to pay off its project costs within the 27 years after the district is created. The joint review board may deny or approve a request to extend the life of the district for 3 years if the request does not include the independent audit, and the board shall approve a request to extend the life of the district for 3 years if the request includes the audit. If the joint review board extends the district's life, the district shall terminate at the earlier of the end of the extended period or the period specified in par. (a). For a tax incremental district created after March 3, 2016, the termination date for a district to which this subdivision applies shall either be increased by one year beyond the otherwise applicable termination date under this subdivision if that district's project plan is adopted under sub. (4) (g) after September 30 and before May 15, or shall be the period specified in par. (a), whichever is earlier.

AB846,40 Section 40 . 77.255 of the statutes, as affected by 2015 Wisconsin Acts 145 and 216, is amended to read:

AB846,15,6 77.255 Exemptions from return. No return is required with respect to a conveyance exempt under s. 77.25 (1), or (10m),.

Note: As a result of the treatment by 2015 Wis. Act 145, the first comma inserted by 2015 Wis. Act 216 is replaced with “or" and the second comma inserted by Act 216, which is unnecessary, is removed.

AB846,41 Section 41 . The treatment of 77.52 (7) of the statutes by 2015 Wisconsin Act 84 is not repealed by 2015 Wisconsin Act 216. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 77.52 (7) (a), as renumbered from s. 77.52 (7) by 2015 Wis. Act 84, reads:

(a) Except as provided in par. (b), every person desiring to operate as a seller within this state who holds a valid certificate under s. 73.03 (50) shall file with the department an application for a permit for each place of operations. Every application for a permit shall be made upon a form prescribed by the department and shall set forth the name under which the applicant intends to operate, the location of the applicant's place of operations, and the other information that the department requires. If an owner elects under s. 77.58 (3) (a) to file a separate electronic return for each of the owner's disregarded entities, each disregarded entity is an applicant under this subsection. Except as provided in sub. (7b), the application shall be signed by the owner if a sole proprietor; in the case of sellers other than sole proprietors, the application shall be signed by the person authorized to act on behalf of such sellers. A nonprofit organization that has a sales price taxable under s. 77.54 (7m) shall obtain a seller's permit and pay taxes under this subchapter on all taxable sales prices received after it is required to obtain that permit. If that organization becomes eligible later for the exemption under s. 77.54 (7m) except for its possession of a seller's permit, it may surrender that permit.

AB846,42 Section 42 . 84.01 (35) (title) of the statutes is created to read:

AB846,16,2 84.01 (35) (title) Bikeways and pedestrian ways.

Note: The other subsections in s. 84.01 have titles.

AB846,43 Section 43 . 84.31 (2) (am) of the statutes is repealed.

Note: Removes unnecessary definition. Section 84.31 (2) (am) defines “department” as it is used in s. 84.31 to mean the department of transportation, but s. 84.001 (1) provides the same definition of “department” for all of ch. 84.

AB846,44 Section 44 . 93.90 (1) (title) of the statutes is created to read:

AB846,16,5 93.90 (1) (title) Statewide concern.

Note: All other subsections of s. 93.90 have titles.

AB846,45 Section 45 . The treatment of 97.29 (1) (h) of the statutes by 2015 Wisconsin Act 55 and 2015 Wisconsin Act 242, sections 28, 30 and 31 are not repealed by 2015 Wisconsin Act 242, section 29. All treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 97.29 (1) (h) reads:

(h) “Food processing plant" means any place used primarily for food processing, where the processed food is not intended to be sold or distributed directly to a consumer. “Food processing plant" does not include any of the following:

1. A retail food establishment if the food processing activities at that establishment are authorized by a license issued under s. 97.30.

2. A restaurant or other establishment where meals are prepared or processed for retail sale directly to consumers or through vending machines if the food processing activities at that establishment are authorized by a license issued under s. 97.605.

3. An establishment covered by a license or permit under ch. 125 to sell alcohol beverages if the food processing activities related to alcohol beverages at that establishment are limited to preparing individual servings of alcohol beverages that are sold on the premises in accordance with the terms of the establishment's license or permit under ch. 125.

4. A dairy plant if the food processing activities at that plant are authorized by a license issued under s. 97.20.

5. A meat or poultry establishment if the food processing activities at that establishment are authorized by a license issued under s. 97.42 or are authorized under 21 USC 451 to 472 or 21 USC 601 to 695.

6. An egg products plant if the food processing activities at that establishment are inspected by the federal department of agriculture under 21 USC 1031 to 1056.

7. A dairy farm and milking operation licensed under s. 97.22 that produces milk for shipment to a dairy plant licensed under s. 97.20 or under the equivalent laws of another state.

8. A place used by a beekeeper solely for extracting honey from the comb or producing and selling raw honey or raw bee products.

9. A place used solely for washing or packaging fresh or otherwise unprocessed fruits or vegetables.

10. A place used by a nonprofit organization solely for receiving and salvaging distressed food pursuant to the organization's purposes if the organization is described in section 501 (c) (3) of the Internal Revenue Code and is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

11. A place on a farm used by an egg producer solely for handling, cleaning, or packaging whole eggs, including nest-run eggs, that are produced as allowed under s. 97.28 (2).

12. A place used solely for producing and packaging maple syrup or concentrated maple sap for sale directly to consumers or to a food processing plant licensed under this section if those sales do not exceed $5,000 in any 12-month period.

13. Any other place exempted by the department by rule.

AB846,46 Section 46 . The treatment of 97.42 (3) (em) of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 243. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 97.42 (3) (em) reads:

(em) Slaughter of farm-raised deer. The requirements of pars. (a) and (b) do not apply to the slaughter of a farm-raised deer if its meat products are not sold by an operator of a retail food establishment, as defined under s. 97.30 (1) (c). The operator of an establishment in which farm-raised deer or their meat products are examined and inspected under this subsection shall pay the department for the cost of the department's examination and inspection.

AB846,47 Section 47 . 101.111 (7) of the statutes is repealed.

Note: Deletes obsolete transition provision. Section 101.111 requires protection of adjoining buildings from all excavations made after January 1, 1978, except excavations made under contracts awarded on or before January 1, 1978.

AB846,48 Section 48 . 101.583 (1m) (title) of the statutes is created to read:

AB846,17,5 101.583 (1m) (title) Small employers.

Note: The other subsections in s. 101.583 have titles.

AB846,49 Section 49 . 101.63 (1) (intro.) of the statutes, as affected by 2015 Wisconsin Acts 49 and 55, is amended to read:

AB846,18,15 101.63 (1) (intro.) Adopt rules which establish standards for the construction and inspection of one- and 2-family dwellings and components thereof. The rules shall include separate standards, established in consultation with the uniform dwelling code council, that apply only to the construction and inspection of camping units that are set in a fixed location in a campground for which a permit is issued under s. 254.47 97.67, that contain a sleeping place, and that are used for seasonal overnight camping. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s. 145.01 (10). No set of rules may be adopted which has not taken into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Rules promulgated under this subsection do not apply to a bed and breakfast establishment, as defined under s. 97.01 (1g), except that the rules apply to all of the following:

Note: The “dwelling code council" was renamed the “uniform dwelling code council" by 2015 Wis. Act 29. The reference to s. 254.47 was inserted by 2015 Wis. Act 49. Section 254.47 was renumbered to s. 97.67 by 2015 Wis. Act 55.

AB846,50 Section 50 . 108.02 (19) of the statutes is amended to read:

AB846,18,20 108.02 (19) Nonprofit organizations. A “nonprofit “Nonprofit organization" is means an organization described in section 501 (c) (3) of the internal revenue code which Internal Revenue Code that is exempt from federal income tax under section 501 (a) of the internal revenue code Internal Revenue Code.

Note: Conforms terminology and capitalization to current style.

AB846,51 Section 51 . 108.10 (4) of the statutes, as affected by 2015 Wisconsin Acts 180 and 334, is amended to read:

AB846,19,13 108.10 (4) The employing unit may commence an action for the judicial review of a commission decision under this section, provided the employing unit has exhausted the remedies provided under this section. The department may commence an action for the judicial review of a commission decision under this section, but the department is not required to have been a party to the proceedings before the commission or to have exhausted the remedies provided under this section. In an action commenced under this section by a party that is not the department, the department shall be a defendant and shall be named as a party in the complaint commencing the action. If a plaintiff fails to name either the department or the commission as defendants and serve them as required under s. 108.09 (7), the court shall dismiss the action. The scope of judicial review, and the manner thereof insofar as applicable, shall be the same as that provided in s. 108.09 (7). a defendant defendant summons and

Note: The stricken language was inserted by 2015 Wis. Act 180, but rendered without effect by the treatment by 2015 Wis. Act 334.

AB846,52 Section 52 . The treatment of 111.322 (2m) (a) of the statutes by 2015 Wisconsin Act 345 is not repealed by 2015 Wisconsin Act 55. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 111.322 (2m) (a) reads:

(a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB846,53 Section 53 . The treatment of 111.322 (2m) (b) of the statutes by 2015 Wisconsin Act 345 is not repealed by 2015 Wisconsin Act 55. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 111.322 (2m) (b) reads:

(b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB846,54 Section 54. 111.70 (4) (mbb) (title) of the statutes is created to read:

AB846,20,2 111.70 (4) (mbb) (title) Consumer price index change.

Note: All other paragraphs in s. 111.70 (4) have titles.

AB846,55 Section 55 . 114.045 (1) of the statutes, as created by 2015 Wisconsin Act 318, is amended to read:

AB846,20,7 114.045 (1) No person may operate a drone, as defined in s. 114.105 (1) (a) 941.292 (1), over a correctional institution, as defined in s. 801.02 (7) (a) 1., including any grounds of the institution.

Note: Inserts the correct cross-reference. There is no s. 114.105 (1) (a). “Drone” is defined at s. 941.292 (1), and that definition was copied as s. 114.105 (1) (a) in the original bill draft. Section 114.105 (1) (a) was removed from the final bill as adopted as 2015 Wis. Act 318, but the cross-reference was not corrected accordingly.

AB846,56 Section 56 . 115.385 (2) of the statutes, as affected by 2015 Wisconsin Acts 55 and 195, is amended to read:

AB846,20,15 115.385 (2) Beginning 115.383 (3) with the accountability report published for the 2015-16 school year, the department shall include in its annual school accountability report under sub. (1) charter schools established under s. 118.40 (2r) or (2x) and private schools participating in a parental choice program under s. 118.60 or 119.23. The department shall use the same criteria to measure the performance of all schools included in the annual school accountability report.

Note: The stricken text was inserted by 2015 Wis. Act 195 but rendered without effect by the treatment by 2015 Wis. Act 55.

AB846,57 Section 57 . 120.05 (3) of the statutes is amended to read:

AB846,21,8 120.05 (3) If the school district president, vice president, treasurer or clerk of any school board is unable to discharge the duties of the office due to disability or absence, the school board may appoint a person to discharge the duties of such person until the disability or absence no longer exists. In the case of a 3-member school board the appointee shall be an elector of the school district. In the case of a larger school board the appointee for the president shall be the vice president and the appointee for the other officers shall be another school board member. The school board shall determine the compensation of such appointees. A person acting as school district clerk or school district treasurer shall have the powers of a deputy and shall take and file an official bond covering the person's acts unless the bond of such officer includes a bond for the officer's deputy. This subsection does not apply to vacancies caused by absence from the school district for a period exceeding 60 days covered by s. 17.03 (4) (4m).

Note: Section 17.03 (4m), which reads as follows, was part of s. 17.03 (4) prior to being renumbered to s. 17.03 (4m) by 1985 Wis. Act 332:

(4m) In the case of a school district office, the incumbent is absent from the district for a period exceeding 60 days.