SB357: Bill Text

SB357,71,6 (a) "Brand name" has the meaning given in s. 450.12 (1) (a).

SB357,71,7 (b) "Generic name" has the meaning given in s. 450.12 (1) (b).

SB357,71,9 (c) "Gross income" means all income, from whatever source derived and in whatever form realized, whether in money, property or services.

SB357,71,10 (d) "Prescription drug" has the meaning given in s. 450.01 (20).

SB357,71,21 (2) From the appropriations under s. 20.435 (4) (bv) and (j), beginning April 1, 2001, the department shall reimburse pharmacists for the provision of up to $10,000 per year of prescription drugs that correspond to those prescription drugs for which reimbursement is made under s. 49.46 (2) (b) 6. h. and for which the manufacturer has entered into a rebate agreement with the department under sub. (5), to a person who meets criteria for eligibility under sub. (3). The department is the payer of last resort for coverage for prescription drugs under this subsection. The payment rate for provider reimbursement shall be the allowable charges paid under s. 49.46 (2) (b) 6. h. for prescription drugs. The department shall maintain, or contract for the maintenance of, a toll-free telephone number at department headquarters to provide information about participation in the program under this subsection.

SB357,71,23 (3) (a) An individual is eligible for participation in the program under sub. (2) if the individual meets all of the following requirements:

SB357,72,3 1. The individual is at least 65 years of age, is a resident, as defined in s. 27.01 (10) (a), of this state and is ineligible for medical assistance under s. 49.46, 49.465, 49.468 or 49.47.

SB357,72,6 2. If single, the individual's gross income does not exceed $50,000 or, if married, the couple's gross income does not exceed $75,000. These limitations shall be annually adjusted as specified in sub. (4).

SB357,72,7 (b) Program participants shall pay all of the following:

SB357,72,9 1. Twenty-five percent of the allowable charge paid under s. 49.46 (2) (b) 6. h. for each prescription drug provided under the program.

SB357,72,11 2. A copayment of $5 for each prescription drug provided under the program that bears only a generic name.

SB357,72,13 3. A copayment of $10 for each prescription drug provided under the program that bears a brand name.

SB357,72,15 (c) No program participant may be required to demonstrate that he or she has no disability insurance policy, as defined in s. 632.895 (1) (a).

SB357,72,22 (4) Beginning by January 1, 2002, the department shall annually by January 1 increase the dollar amounts specified under sub. (3) (a) 2. by a percentage equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the month of December of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average,for the month of December of the year before the previous year, as determined by the federal department of labor.

SB357,73,2 (5) A drug manufacturer that sells drugs for prescribed use in this state shall, as a condition of inclusion of those drugs in the program under this section, enter with the department into a rebate agreement that is modeled on the rebate agreement specified under 42 USC 1396r-8. The rebate agreement shall include all of the following as requirements:

SB357,73,4 (a) That the manufacturer shall make rebate payments to the department each calendar quarter or according to a schedule established by the department.

SB357,73,6 (b) That the amount of the rebate payment shall be determined by the method specified in 42 USC 1396r-8 (c).

SB357, s. 115 Section 115. 49.95 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is renumbered 49.95 (1) (intro.) and amended to read:

SB357,73,11 49.95 (1) (intro.) Any person who, with intent to secure public assistance under this chapter, whether for himself or herself or for some other person, wilfully makes any false representations may, if is subject to the following penalties:

SB357,73,13 (a) If the value of the assistance so secured does not exceed $300, the person may be required to forfeit not more than $1,000; if.

SB357,73,16 (b) If the value of the assistance exceeds $300 but does not exceed $1,000, the person may be fined not more than $250 or imprisoned for not more than 6 months or both; if.

SB357,73,19 (c) If the value of the assistance exceeds $1,000 but does not exceed $2,500, $2,000, the person may be fined not more than $500 $10,000 or imprisoned for not more than 7 years and 6 9 months or both; and if.

SB357,73,22 (d) If the value of the assistance exceeds $2,500, be punished as prescribed under s. 943.20 (3) (c) $2,000 but does not exceed $5,000, the person is guilty of a Class I felony.

SB357, s. 116 Section 116. 49.95 (1) (e) and (f) of the statutes are created to read:

SB357,73,25 49.95 (1) (e) If the value of the assistance exceeds $5,000 but does not exceed $10,000, the person is guilty of a Class H felony.

SB357,74,2 (f) If the value of the assistance exceeds $10,000, the person is guilty of a Class G felony.

SB357, s. 117 Section 117. 51.15 (12) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,74,8 51.15 (12) Penalty. Whoever signs a statement under sub. (4), (5) or (10) knowing the information contained therein to be false may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

SB357, s. 118 Section 118. 51.423 (1) of the statutes is amended to read:

SB357,74,21 51.423 (1) The department shall fund, within the limits of the department's allocation for mental health services under s. 20.435 (3) (o) and (7) (b), (ba), (bb), (kw) and (o) and subject to this section, services for mental illness, developmental disability, alcoholism and drug abuse to meet standards of service quality and accessibility. The department's primary responsibility is to guarantee that county departments established under either s. 51.42 or 51.437 receive a reasonably uniform minimum level of funding and its secondary responsibility is to fund programs which meet exceptional community needs or provide specialized or innovative services. Moneys appropriated under s. 20.435 (7) (b), (ba) and (bb) and earmarked by the department for mental health services under s. 20.435 (7) (o) shall be allocated by the department to county departments under s. 51.42 or 51.437 in the manner set forth in this section.

SB357, s. 119 Section 119. 51.423 (2) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,75,16 51.423 (2) From the appropriations under s. 20.435 (3) (o) and (7) (b), (ba), (bb), (kw) and (o), the department shall distribute the funding for services provided or purchased by county departments under s. 46.23, 51.42 or 51.437 to such county departments as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2), (2g) and (9) (b). Each county's required match for the distributions under s. 46.40 (2) and (2g) for a year equals 9.89% of the total of the county's distributions under s. 46.40 (2) and (2g) for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Each county's required match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that county's amounts described in s. 46.40 (9) (a) (intro.) for that year. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the counties that meet the requirements specified in sub. (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

SB357, s. 120 Section 120. 51.423 (4) of the statutes is amended to read:

SB357,75,20 51.423 (4) The department shall prorate the amount allocated to any county department under sub. (2) to reflect actual federal funds available and the amount from the appropriation under s. 20.435 (7) (bb) available.

SB357, s. 121 Section 121. 51.423 (9) of the statutes is amended to read:

SB357,75,25 51.423 (9) If the funds appropriated under s. 20.435 (7) (b), (ba) and (bb) for any fiscal year are insufficient to provide county departments with the sums calculated under subs. (1) to (7), the appropriation shall be allocated among county departments in proportion to the sums they would receive under subs. (1) to (7).

SB357, s. 122 Section 122. 55.06 (11) (am) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,76,6 55.06 (11) (am) Whoever signs a statement under par. (a) knowing the information contained therein to be false may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

SB357, s. 123 Section 123. 59.25 (3) (rm) of the statutes is created to read:

SB357,76,13 59.25 (3) (rm) If the treasurer's county receives national forest income, distribute the income to the towns in the county in which national forest lands are situated, with each town to receive such proportion of the income as the area of national forest lands in the town bears to the area of the national forest lands in the entire county. Fifty percent of the amount received by any town shall be expended by the town exclusively for the benefit of roads therein.

SB357, s. 124 Section 124. 60.23 (24) of the statutes is amended to read:

SB357,76,18 60.23 (24) Cable television. Enact and enforce an ordinance, and provide forfeitures for a violation of that ordinance, that is similar to s. 100.209 134.42, or that gives a cable service subscriber greater rights than the rights under s. 100.209 134.42 (2).

SB357, s. 125 Section 125. 60.23 (25) of the statutes is amended to read:

SB357,76,23 60.23 (25) Self-insured health plans. Provide health care benefits to its officers and employes on a self-insured basis if the self-insured plan complies with ss. 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) and (11) to (13) (14) and 632.896.

SB357, s. 126 Section 126. 66.184 of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,77,6 66.184 Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employes on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to (13) (14), 632.896 and 767.25 (4m) (d).

SB357, s. 127 Section 127. 66.4025 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,77,13 66.4025 (1) (b) Any person who secures or assists in securing dwelling accommodations under s. 66.402 by intentionally making false representations in order to receive at least $2,500 but not more than $25,000 in financial assistance for which the person would not otherwise be entitled shall be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.

SB357, s. 128 Section 128. 66.4025 (1) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,77,20 66.4025 (1) (c) Any person who secures or assists in securing dwelling accommodations under s. 66.402 by intentionally making false representations in order to receive more than $25,000 in financial assistance for which the person would not otherwise be entitled shall be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

SB357, s. 129 Section 129. 69.24 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,77,25 69.24 (1) (intro.) Any person who does any of the following shall be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony:

SB357, s. 130 Section 130. 70.47 (18) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,78,6 70.47 (18) (a) Whoever with intent to injure or defraud alters, damages, removes or conceals any of the items specified under subs. (8) (f) and (17) may be fined not more than $1,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.

SB357, s. 131 Section 131. 71.07 (9) (b) 4. of the statutes, as created by 1999 Wisconsin Act 10, is amended to read:

SB357,78,14 71.07 (9) (b) 4. For taxable years beginning after December 31, 1998 and before January 1, 2000, subject to the limitations under this subsection a claimant may claim as a credit against, but not to exceed the amount of, taxes under s. 71.02, 8.4% of the first $0 of property taxes or rent constituting property taxes, or 8.4% of the first $0 of property taxes or rent constituting property taxes of a married person filing separately.

SB357, s. 132 Section 132. 71.83 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,79,2 71.83 (2) (b) Felony. 1. `False income tax return; fraud.' Any person, other than a corporation or limited liability company, who renders a false or fraudulent income tax return with intent to defeat or evade any assessment required by this chapter shall be is guilty of a Class H felony and may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both, together with assessed the cost of prosecution. In this subdivision, "return" includes a separate return filed by a spouse with respect to a taxable year for which a joint return is filed under s. 71.03 (2) (g) to (L) after the filing of that separate return, and a joint return filed by the spouses with respect to a taxable year for which a separate return is filed under s. 71.03 (2) (m) after the filing of that joint return.

SB357,79,9 2. `Officer of a corporation; false franchise or income tax return.' Any officer of a corporation or manager of a limited liability company required by law to make, render, sign or verify any franchise or income tax return, who makes any false or fraudulent franchise or income tax return, with intent to defeat or evade any assessment required by this chapter shall be is guilty of a Class H felony and may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both, together with assessed the cost of prosecution.

SB357,79,15 3. `Evasion.' Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized with intent to evade or defeat the assessment or collection of any tax administered by the department is guilty of a Class I felony and may be fined not more than $5,000 or imprisoned for not more than 4 years and 6 months or both, together with assessed the costs cost of prosecution.

SB357,79,23 4. `Fraudulent claim for credit.' The A claimant who filed files a claim for credit under s. 71.07, 71.28 or 71.47 or subch. VIII or IX that is false or excessive and was filed with fraudulent intent and any person who assisted , with fraudulent intent, assists in the preparation or filing of the false or excessive claim or supplied information upon which the false or excessive claim was prepared, with fraudulent intent, is guilty of a Class H felony and may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both, together with assessed the cost of prosecution.

SB357, s. 133 Section 133. 79.01 (1) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,80,13 79.01 (1) There is established an account in the general fund entitled the "Expenditure Restraint Program Account". There shall be appropriated to that account $25,000,000 in 1991, in 1992 and in 1993, $42,000,000 in 1994, $48,000,000 in each year beginning in 1995 and ending in 1999 and $57,000,000 in the year 2000 and in each year thereafter. Beginning in 2001, the amount appropriated under this subsection is equal to the amount appropriated under this subsection in the previous year, adjusted by a percentage that is equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the 12-month period ending on June 30 of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the 12-month period ending on June 30 of the year before the previous year, as determined by the federal department of labor. Beginning in 2001, the amount appropriated under this subsection shall be rounded to the nearest multiple of $100.

SB357, s. 134 Section 134. 79.03 (3c) (f) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,81,4 79.03 (3c) (f) Distribution amount. If the total amounts calculated under pars. (c) to (e) exceed the total amount to be distributed under this subsection, the amount paid to each eligible municipality shall be paid on a prorated basis. The total amount to be distributed under this subsection from s. 20.835 (1) (b) is $10,000,000 beginning in 1996 and ending in 1999 and $11,000,000 in the year 2000 and in each year thereafter. Beginning in 2001, the amount to be distributed under this subsection from s. 20.835 (1) (b) is equal to the amount distributed under this subsection in the previous year, adjusted by a percentage that is equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the 12-month period ending on June 30 of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the 12-month period ending on June 30 of the year before the previous year, as determined by the federal department of labor. Beginning in 2001, the amount to be distributed under this subsection from s. 20.835 (1) (b) shall be rounded to the nearest multiple of $100.

SB357, s. 135 Section 135. 79.03 (4) of the statutes is amended to read:

SB357,81,25 79.03 (4) In 1991, the total amount to be distributed under ss. 79.03, 79.04 and 79.06 from s. 20.835 (1) (d) is $869,000,000. In 1992, the total amount to be distributed under ss. 79.03, 79.04 and 79.06 from s. 20.835 (1) (d) is $885,961,300. In 1993, the total amount to be distributed under ss. 79.03, 79.04 and 79.06 from s. 20.835 (1) (d) is $903,680,500. In 1994, the total amounts to be distributed under this section and ss. 79.04 and 79.06 from s. 20.835 (1) (d) are $746,547,500 to municipalities and $168,981,800 to counties. In 1995 and subsequent years, the total amounts to be distributed under ss. 79.03, 79.04 and 79.06 from s. 20.835 (1) (d) are $761,478,000 to municipalities and $168,981,800 to counties. Beginning in 2001, the amounts to be distributed to municipalities and counties under ss. 79.03, 79.04 and 79.06 from s. 20.835 (1) (d) are equal to the amounts distributed to municipalities and counties under ss. 79.03, 79.04 and 79.06 from s. 20.835 (1) (d) in the previous year, adjusted by a percentage that is equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the 12-month period ending on June 30 of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the 12-month period ending on June 30 of the year before the previous year, as determined by the federal department of labor. Beginning in 2001, the amounts to be distributed to municipalities and counties under ss. 79.03, 79.04 and 79.06 from s. 20.835 (1) (d) shall be rounded to the nearest multiple of $100.

SB357, s. 136 Section 136. 79.058 (3) (c) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB357,82,3 79.058 (3) (c) In the year 2000 and subsequent years, $20,763,800.

SB357, s. 137 Section 137. 79.058 (3) (d) of the statutes is created to read:

SB357,82,13 79.058 (3) (d) In 2001 and subsequent years, an amount that is equal to the amount distributed under sub. (1) from s. 20.835 (1) (f) in the previous year, adjusted by a percentage that is equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the 12-month period ending on June 30 of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the 12-month period ending on June 30 of the year before the previous year, as determined by the federal department of labor. Beginning in 2001, the amount to be distributed under sub. (1) from s. 20.835 (1) (f) shall be rounded to the nearest multiple of $100.

SB357, s. 138 Section 138. 79.13 (2) (a) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,82,20 79.13 (2) (a) In the 2000-01 fiscal year, the amount that is estimated to be expended from the appropriation under s. 20.835 (2) (q) (dn) is $15,000,000, plus the amount that is estimated to be expended from the appropriation under s. 20.835 (2) (dn) in the previous fiscal year and less the actual amount that is expended from the appropriation under s. 20.835 (2) (dn) in the previous fiscal year.

SB357, s. 139 Section 139. 79.13 (2) (b) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB357,83,3 79.13 (2) (b) In the 2001-02 fiscal year, and in each fiscal year thereafter, the amount that is estimated to be expended from the appropriation under s. 20.835 (2) (q) is $15,000,000, plus the amount that is estimated to be expended from the appropriation under s. 20.835 (2) (q) (dn) in the previous fiscal year and less the actual amount that is expended from the appropriation under s. 20.835 (2) (q) (dn) in the previous fiscal year.

SB357, s. 140 Section 140. 79.13 (2) (c) of the statutes is created to read:

SB357,83,10 79.13 (2) (c) In the 2002-03 fiscal year, and in each fiscal year thereafter, the amount that is estimated to be expended from the appropriation under s. 20.835 (2) (q) is $15,000,000, plus the amount that is estimated to be expended from the appropriation under s. 20.835 (2) (q) in the previous fiscal year and less the actual amount that is expended from the appropriation under s. 20.835 (2) (q) in the previous fiscal year.

SB357, s. 141 Section 141. 86.192 (4) of the statutes is amended to read:

SB357,83,14 86.192 (4) Any person who violates this section shall be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class H felony if the injury, defacement or removal causes the death of a person.

SB357, s. 142 Section 142. 97.43 (4) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,83,19 97.43 (4) Whoever violates this section may be fined not less than $500 nor more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

SB357, s. 143 Section 143. 97.45 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,83,24 97.45 (2) Whoever violates this section may be fined not less than $500 nor more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

SB357, s. 144 Section 144. 100.171 of the statutes, as affected by 1999 Wisconsin Act .... (this act), is renumbered 134.74, and 134.74 (7) (b) and (8) (intro.), as renumbered, are amended to read:

SB357,84,7 134.74 (7) (b) Whoever intentionally violates this section is guilty of a Class I felony. A person intentionally violates this section if the violation occurs after the department of justice or a district attorney has notified the person by certified mail that the person is in violation of this section.

SB357,84,10 (8) Enforcement. (intro.) The department of justice shall investigate violations of this section. The department of justice or any district attorney may on behalf of the state:

SB357, s. 145 Section 145. 100.171 (7) (b) of the statutes is amended to read:

SB357,84,16 100.171 (7) (b) Whoever intentionally violates this section may be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony. A person intentionally violates this section if the violation occurs after the department or a district attorney has notified the person by certified mail that the person is in violation of this section.

SB357, s. 146 Section 146. 100.173 of the statutes is renumbered 134.22, and 134.22 (4) (intro.) and (a), as renumbered, are amended to read: