SB357: Bill Text

This bill creates a new method by which a parent, guardian or legal custodian of a child may request information from the sex offender registry concerning registered sex offenders who are subject to special bulletin notification because they have been convicted of a sex offense on two or more separate occasions or have been found to be a sexually violent person. Under the bill, a parent, guardian or legal custodian of a child may request the information under any of the following situations:

1. If the child is enrolled in a public school, the parent, guardian or legal custodian may ask the school district administrator for the information.

2. If the child is enrolled in a private school, the parent, guardian or legal custodian may ask for the information from the school district administrator of the school district in which the child resides or the school district administrator of the school district in which the private school is located.

3. If a parent, guardian or legal custodian of a child intends to move to a new residence that is located in a different school district or intends to enroll his or her child in a private school, the parent, guardian or legal custodian may ask for the information from the school district administrator of the school district in which the new residence is located or the school district administrator of the school district in which the private school is located.

When a school district administrator receives a request from a parent, guardian or legal custodian for information concerning registered sex offenders who are subject to special bulletin notification, the school district administrator must in turn request information concerning the persons from the police chief of the community in which the school district is located or the sheriff of the county in which the school district is located. Upon receiving a request from a school district administrator, the police chief or sheriff must immediately provide in writing to the school district administrator information concerning each person who is residing, employed or attending school in the community or county and about whom the police chief or sheriff has received a special bulletin notification. The information that the police chief or sheriff must provide includes the name and address of the person who is registered as a sex offender, the offense the person committed, the person's place of employment and the location of any school the person is attending. The information provided will include information about children who are required to register as sex offenders and information concerning juvenile adjudications for sex offenses. Upon receiving the information from the police chief or sheriff, the school district administrator must provide the information to the parent, guardian or legal custodian who asked the school district administrator for the information.

Courts and procedure

Tobacco product manufacturers

On November 23, 1998, Wisconsin and other states agreed to a settlement of lawsuits brought against the major U.S. tobacco product manufacturers, the "master settlement agreement". As part of that agreement, each state may enact model legislation that would affect tobacco product manufacturers that did not originally join in the master settlement agreement. This bill enacts the model legislation in Wisconsin. Under this bill, a tobacco product manufacturer that sells cigarettes in this state is given the choice of joining in the master settlement agreement and performing the obligations under that agreement or placing money into an escrow fund, based on the number of cigarettes sold each year. The amount of money to be placed into escrow per cigarette increases each year until the year 2007, when the amount is $.0188482. The amount paid into escrow, under the bill, is intended to ensure that tobacco product manufacturers that do not participate in the master settlement agreement have funds available to satisfy judgments on the types of claims that were asserted in the state's tobacco lawsuit. Under the bill, any interest in money in the escrow account accrues to the tobacco product manufacturer that put the money into escrow and any money remaining in the escrow account after 25 years is returned to the tobacco product manufacturer that put the money into escrow.

The bill permits the attorney general to bring a civil action against a tobacco product manufacturer that fails to put money into escrow as required. If a court finds that a tobacco product manufacturer failed to place the money into escrow, the bill permits the court to impose a penalty of up to 5% of the amount improperly withheld from escrow for each day of the violation, up to 100% of the amount improperly withheld. If the court finds that a tobacco product manufacturer knowingly failed to place the money into escrow, the bill permits the court to impose a penalty of up to 15% of the amount improperly withheld from escrow for each day of the violation, up to 300% of the amount improperly withheld. The bill also provides that if a tobacco product manufacturer failed to place the money into escrow on two or more occasions, the court is required to prohibit the manufacturer from selling cigarettes in this state for up to two years. The bill requires the court to award the attorney general costs and reasonable attorney fees if he or she prevails in the lawsuit.

The bill requires the department of administration (DOA) to provide a copy of the master settlement agreement to each public library system in the state and requires the revisor of statutes to publish the master settlement agreement in the Wisconsin Administrative Register.

education

Primary and secondary education

In the 1996-97 and 1998-99 school years, school boards with a certain percentage of low-income pupils could enter into five-year student achievement guarantee contracts (SAGE contracts) with the department of public instruction (DPI) to reduce class size and improve academic achievement in grades kindergarten to three in exchange for receiving state aid. Beginning in the 2000-01 school year, a school board may enter into a SAGE contract regardless of the school board's percentage of low-income pupils, but the school board must satisfy other eligibility requirements that also pertain to SAGE contracts entered into in 1996-97 and 1998-99 school years. One of these requirements is that a school board that was eligible to participate in the SAGE program in the 1996-97 and 1998-99 school years must have participated in the SAGE program in either school year.

This bill repeals this eligibility requirement. The bill also permits DPI to renew an existing SAGE contract for five years and to enter into new SAGE contracts after the 2000-01 school year if funding for contract renewals and the new contracts is available. In making payments for contract renewals and the new contracts, DPI must give priority to schools that have the highest percentage of low-income pupil enrollment.

Public broadcasting

Under current law, the following are responsible for providing certain types of public broadcasting in this state: the educational communications board (ECB), the board of regents of the University of Wisconsin (UW) System and the Milwaukee Area Technical College. This bill increases the general fund supported bonding authority of the building commission by the following amounts: $13,220,800 for a digital television conversion project for the ECB; $1,700,000 for a digital television conversion project for the UW System; and $3,500,000 for a digital conversion project for the Milwaukee Area Technical College. The bill enumerates the authorization of these projects in the 1999-2001 authorized state building program.

Gambling

Under current law, the general program operations of the state lottery, lottery retailer compensation, fees that are paid to lottery vendors for on-line and instant ticket services and supplies, the farmland tax relief credit, costs of the administration of the lottery and gaming credit and a portion of the department of justice's (DOJ's) gaming law enforcement activities are funded with general purpose revenue in fiscal year 1999-2000. There is currently no funding for these programs in fiscal year 2001-02.

This bill appropriates general purpose revenue to fund the general program operations of the state lottery, lottery retailer compensation, fees that are paid to lottery vendors for on-line and instant ticket services and supplies, the farmland tax relief credit, costs of the administration of the lottery and gaming credit and to partially fund DOJ's gaming law enforcement activities in fiscal year 2001-02.

Health and human services

Prescription drug assistance

This bill creates an entitlement program for prescription drug assistance for elderly persons in DHFS and a sum sufficient appropriation of general purpose revenues for the program. Under the program, beginning April 1, 2001, state residents who are aged at least 65 years, who are ineligible for medical assistance and whose gross incomes, if single, are not more than $50,000 or, if married, are not more than $75,000 per couple, as annually indexed for inflation, may apply for assistance of up to $10,000 per year in paying for prescription drugs. Prescription drugs for which a program participant may receive coverage are those prescription drugs that are covered under the medical assistance program. Participants in the prescription drug assistance program must pay 25% of the cost of the prescription drug, at the rate under which pharmacists are reimbursed under the medical assistance program, plus copayments of $5 for each generic prescription drug and $10 for each brand-name drug. Under the program, DHFS is the payer of last resort for coverage for prescription drugs and must reimburse pharmacist providers at the rate under which pharmacists are reimbursed under the medical assistance program. DHFS must also maintain or contract for the maintenance of a toll-free telephone number to provide application information about the prescription drug assistance program. In order for drugs manufactured by a manufacturer doing business in this state to be included in the program, the manufacturer must enter with DHFS into a rebate agreement that is modeled on rebate agreements under federal medicaid law. The rebate agreement must provide that the manufacturer make payments to DHFS each calendar quarter or as scheduled by DHFS and that the rebate payment amounts be determined by the method specified in federal medicaid law. The bill appropriates $1,000,000 in general purpose revenues in fiscal year 1999-2000 to the general program supplementation appropriation account of the joint committee on finance (JCF) and requires DHFS to submit to JCF a plan for expenditure of these funds for administration of the prescription drug assistance program. If the cochairpersons of JCF do not notify the secretary of health and family services of the committee's intent to schedule a meeting to review the plan, JCF must supplement the DHFS general program operations appropriation account as provided in the DHFS plan. If the cochairpersons of JCF notify the secretary of health and family services that JCF intends to schedule a meeting to review the plan, the DHFS appropriation account may be supplemented only as approved by JCF.

Badger care health care program

Under current law, DHFS administers the badger care health care program. This program provides health care coverage to certain low-income families and certain low-income children who do not reside at home. Low-income is generally defined as having an income at or below 185% of the federal poverty line.

This bill increases funding for the badger care health care program for the 1999-2001 fiscal biennium.

Grants to food pantries

This bill requires DHFS to award annual grants to food pantries that meet certain conditions. Twenty-five percent of the total amount appropriated for the grants is to be distributed to qualified rural food pantries in proportion to the number of persons served by each of those food pantries. The remainder is to be distributed among qualified food pantries statewide, also in proportion to the number of persons served by each food pantry. No grant, however, may exceed $15,000. Each food pantry may use the grant to purchase, store and distribute food to needy households, to purchase equipment, for various hunger prevention programs and for the general operations of the food pantry. The bill also directs DHFS to convene an advisory committee composed of representatives of various hunger prevention organizations and fields prior to promulgating any rules needed to implement the grant program.

insurance

This bill requires every health insurance policy (called "disability insurance policy" in the statutes), including managed care plans, health care plans offered by the state, and every self-insured health plan of the state or a county, city, town, village or school district, to provide coverage of appropriate and necessary immunizations, specified in the bill, from birth to age six, for a dependent child of the insured if the policy or plan covers a dependent of the insured. (Under current law, health insurance policies are required to cover a newly born child of the insured, even if the policy did not provide coverage for dependents at the time of the birth.) Generally, coverage of the specified immunizations may not be subject to any deductibles, coinsurance or copayments under the policy or plan. Specifically excluded from this coverage requirement are health insurance policies that cover only hospital and surgical charges or only certain specified diseases, health care plans offered by limited service health organizations or by preferred provider plans that are not managed care plans, medicare replacement or supplement policies and long-term care insurance policies.

natural resources

Current law grants the state the authority to bond for various conservation purposes under the Warren Knowles-Gaylord Nelson stewardship 2000 program (stewardship program). The bill establishes the overall bonding authority of the stewardship program at $460,000,000 and limits the annual bonding authority to $46,000,000. The stewardship program begins on July 1, 2000, and is administered by the department of natural resources (DNR). The stewardship program consists of four subprograms: one for land acquisition, one for property development and local assistance, one for bluff protection and one for the Baraboo Hills. Under the stewardship program, there are specific maximum and minimum amounts that are imposed, with limited exceptions, on the amount that may be bonded in each fiscal year under each subprogram. Purposes for which bonding under the land acquisition subprogram may be used include land acquisition for habitat and natural areas and land acquisition that preserves or enhances the state's water resources. Bonding under the property development and local acquisition programs may be used for nature-based outdoor recreation, as defined in rules promulgated by DNR.

This bill changes these bonding amounts. It raises the overall bonding authority to $600,000,000 and the annual bonding authority to $60,000,000 for each fiscal year. It also increases the amounts that may or must be bonded in each fiscal year under the land acquisition subprogram and the property development and local assistance subprogram.

payments to Local governments

Shared revenue and property tax credits

Under current law, the state administers a shared revenue program that distributes state tax revenues to counties and municipalities for the counties and municipalities to use at their discretion. Under this bill, the amounts of the shared revenue payments to counties and municipalities are annually adjusted to reflect changes in the consumer price index.

Under current law, the state makes payments to municipalities for services that the municipalities provide to certain state facilities that are located in the municipality and that are exempt from local property taxes. Under the bill, these payments are annually adjusted to reflect changes in the consumer price index.

Courts

Under current law, the director of state courts administers a program that provides payments to counties to support the operation of circuit courts. Under the bill, the amounts of those payments are annually adjusted to reflect changes in the consumer price index.

Recycling

Under current law, DNR administers a program that provides grants to local governmental units that are responsible for solid waste management (responsible units) to pay a portion of the costs of operating recycling programs. This bill changes the amount of funding for the responsible unit recycling grant program each year to reflect changes in the consumer price index.

Health and human services

Under current law, DHFS distributes general purpose revenues and federal revenues, as community aids, to counties to provide social, mental health, developmental disabilities and alcohol and other drug abuse services. This bill changes the amount of general purpose revenues that are appropriated for community aids in each fiscal year to reflect changes in the consumer price index and any loss of federal revenues for community aids since the previous fiscal year.

Juvenile correctional system

Under current law, DOC distributes general purpose revenues and federal revenues, as community, youth and family aids (commonly referred to as "youth aids"), to counties to pay for state-provided juvenile correctional services and local delinquency-related and juvenile justice services. This bill changes the amount of general purpose revenues that are appropriated for youth aids in each fiscal year to reflect changes in the consumer price index and any loss of federal revenues for youth aids since the previous fiscal year.

state government

Office of public intervenor

This bill recreates an office of public intervenor attached to DOJ, with the same duties and authority that existed prior to 1995 Wisconsin Act 27 (the 1995-97 biennial budget act). That act transferred the office of public intervenor from DOJ to DNR, eliminated the public intervenor's authority to formally commence or intervene in lawsuits, and substituted an eight-member board (consisting of four members nominated by the governor and approved by the senate and four members each appointed by the majority and minority leaders of the senate and assembly) for the seven-member to nine-member advisory committee (consisting of members appointed by the attorney general). The office of public intervenor and its board were eliminated by 1997 Wisconsin Act 27 (the 1997-99 biennial budget act).

The bill requires the attorney general to appoint an assistant attorney general to serve as the public intervenor. The bill authorizes the public intervenor to do all of the following:

1. Formally commence or intervene in proceedings before any court whenever such intervention is necessary to protect the public rights in water and other natural resources of this state, and requires the public intervenor to intervene in such matters when requested to do so by a division administrator in DNR.

2. Act as an interested party in actions in which he or she intervenes, with full power to present evidence, subpoena witnesses, cross-examine witnesses, file briefs and do any other acts appropriate for a party to the proceedings.

3. Appeal administrative rulings to the courts.

The bill requires DNR personnel to notify the public intervenor of all administrative proceedings under the environmental protection chapters and to make such investigations, studies and reports to assist the public intervenor either before or during such formal intervention.

The bill also requires the attorney general to appoint a public intervenor advisory council consisting of seven to nine members who have a background in or demonstrated experience or records relating to environmental protection or natural resource conservation. In addition, at least one member must have working knowledge of business and at least one member must have knowledge of agriculture. The advisory committee must hold open, publicized meetings and must advise the public intervenor consistent with his or her duties.

The bill requires DNR to transfer to DOJ all assets, liabilities and tangible personal property, including records, of the public intervenor that were transferred from DOJ to DNR by 1995 Wisconsin Act 27.

The bill authorizes two attorney positions in DOJ and appropriates $241,400 to DOJ for fiscal year 2000-01 for the purposes of the public intervenor.

Consumer protection

Under current law, the department of agriculture, trade and consumer protection (DATCP) administers and enforces certain consumer protection and trade practice laws. In administering and enforcing these laws, DATCP either has exclusive authority or joint authority, with DOJ having a secondary role. These laws include laws relating to fraudulent drug advertising, methods of competition and trade practices, motor vehicle rustproofing warranties, telecommunications services, sale of cleaning agents and water conditioners containing phosphorus, sale of products containing or made with ozone-depleting substances, ticket refunds, dating service contracts, fitness center and weight reduction center contracts, pawnbrokers and secondhand article and jewelry dealers, prize notices, mail-order sales, time-share ownerships, motor fuel dealerships, prepaid maintenance liens, self-service storage facilities, rental of private passenger vehicles, future service plans, and cable television subscriber rights.

This bill transfers either all of or part of the administrative and enforcement authority for these laws that DATCP has under current law to DOJ. For those laws for which DATCP and DOJ have joint authority under the bill, DATCP has a secondary role in their enforcement and administration.

Board of agriculture, trade and consumer protection

Under current law, there are nine members on the board of agriculture, trade and consumer protection, seven of whom have backgrounds in agriculture and two of whom are consumer representatives. This bill eliminates the two consumer representative members.

State finance

Under current law, all money received by the state from receipts on national forest lands must be distributed to school districts in accordance with the number of acres of national forest land located within the school district boundaries. This requirement was imposed by 1999 Wisconsin Act 9 (the biennial budget bill). Before the enactment of 1999 Wisconsin Act 9, all money received by the state from receipts on national forest lands was required to be distributed to towns in accordance with the number of acres of national forest land located within the town boundaries. Any town that received any of these moneys was required to expend at least 50% of the moneys on public roads in the town. This bill restores the law to the way it was before the enactment of 1999 Wisconsin Act 9.

Taxation

Income taxation

Under current law, an individual may not receive the individual income tax school property tax rent credit for taxable years beginning after December 31, 1998. This bill allows an individual to claim and receive the credit for property taxes paid, or rent constituting property taxes paid, on the individual's principal dwelling during the taxable year to which the claim relates. The credit may be claimed for taxable years beginning after December 31, 1999.

Under the bill, the credit that may be claimed by an individual is 10% of the first $2,000 of property taxes accrued or rent constituting property taxes, or 10% of the first $1,000 of property taxes accrued or rent constituting property taxes for a married person filing separately. The credit is nonrefundable, meaning that it may be claimed only up to the amount of a claimant's tax liability.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB357, s. 1 Section 1. 6.18 of the statutes is amended to read:

SB357,28,10 6.18 Former residents. If ineligible to qualify as an elector in the state to which the elector has moved, any former qualified Wisconsin elector may vote an absentee ballot in the ward of the elector's prior residence in any presidential election occurring within 24 months after leaving Wisconsin by requesting an application form and returning it, properly executed, to the municipal clerk of the elector's prior Wisconsin residence. When requesting an application form for an absentee ballot, the applicant shall specify the applicant's eligibility for only the presidential ballot. The application form shall require the following information and be in substantially the following form:

SB357,28,14 This blank shall be returned to the municipal clerk's office. Application must be received in sufficient time for ballots to be mailed and returned prior to any presidential election at which applicant wishes to vote. Complete all statements in full.

SB357,28,15 APPLICATION FOR PRESIDENTIAL

SB357,29,1 ELECTOR'S ABSENT BALLOT.

SB357,29,2 (To be voted at the Presidential Election

SB357,29,3 on November ...., .... (year)

SB357,29,12 I, .... hereby swear or affirm that I am a citizen of the United States, formerly residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County of .... for 10 days prior to leaving the State of Wisconsin. I, .... do solemnly swear or affirm that I do not qualify to register or vote under the laws of the State of ....(State you now reside in) where I am presently residing. A citizen must be a resident of: State ....(Insert time) County ....(Insert time) City, Town or Village ....(Insert time), in order to be eligible to register or vote therein. I further swear or affirm that my legal residence was established in the State of ....(the State where you now reside) on .... Month .... Day .... Year.

SB357,29,13 Signed ....

SB357,29,14 Address ....(Present address)