101.175 (3) (intro.) The department, in consultation with the department of agriculture, trade and consumer protection justice, shall establish by rule quality standards for local energy resource systems which do not impede development of innovative systems but which do:
109,269r Section 269r. 101.563 of the statutes is created to read:
101.563 Payments without regard to eligibility; calendar years 2000 to 2004. (1) Entitlement to dues. (a) Payments from calendar year 2000 dues. Notwithstanding ss. 101.573 (3) (a) and 101.575 (1) and (3) to (5), the department shall pay the amount determined under sub. (2) (a) to every city, village, and town that was ineligible to receive a proportionate share of fire department dues collected for calendar year 2000 as a result of that city, village, or town failing to satisfy all eligibility requirements under s. 101.575 (1) and (3) to (5) or to demonstrate to the department that the city, village, or town was eligible under s. 101.575 (1) and (3) to (5) to receive a proportionate share of the fire department dues.
(b) Payments from dues for calendar years 2001 to 2004. Notwithstanding ss. 101.573 (3) (a) and 101.575 (1) and (3) to (5) and except as otherwise provided in this paragraph, the department may not withhold payment of a proportionate share of fire department dues under ss. 101.573 and 101.575 to a city, village, or town based upon the failure of that city, village, or town to satisfy all eligibility requirements under s. 101.575 (1) and (3) to (5) or to demonstrate to the department that the city, village, or town is eligible under s. 101.575 (1) and (3) to (5) to receive a proportionate share of fire department dues. This paragraph applies only to the payment of a proportionate share of fire department dues collected for calendar years 2001 to 2004.
(2) Distribution of dues. (a) Payments from calendar year 2000 dues. Notwithstanding s. 101.573 (3) (a), the department shall pay every city, village, and town that is entitled to payment under sub. (1) (a) the amount to which that city, village, or town would have been entitled to receive on or before August 1, 2001, had the city, village, or town been eligible to receive a payment on that date. The department shall calculate the amount due under this paragraph as if every city, village, and town maintaining a fire department was eligible to receive a payment on that date. By the date on which the department provides a certification or recertification to the state treasurer under par. (b) 1., the department shall certify to the state treasurer the amount to be paid to each city, village, and town under this paragraph. On or before August 1, 2002, the state treasurer shall pay the amount certified by the department under this paragraph to each such city, village, and town. The state treasurer may combine any payment due under this paragraph with any amount due to be paid on or before August 1, 2002, to the same city, village, or town under par. (b) 1.
(b) Payments from dues for calendar years 2001 to 2004. 1. `Payments from calendar year 2001 dues.' Notwithstanding s. 101.575 (3) (a), by the 30th day following the effective date of this subdivision .... [revisor inserts date], the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), subtract the total amount due to be paid under par. (a), withhold 0.5%, and certify to the state treasurer the proper amount to be paid from the appropriation under s. 20.143 (3) (L) to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) (b) and s. 101.575. If the department has previously certified an amount to the state treasurer under s. 101.57 (3) (a) during calendar year 2002, the department shall recertify the amount in the manner provided under this subdivision. On or before August 1, 2002, the state treasurer shall pay the amounts certified or recertified by the department under this subdivision to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) and s. 101.575. The state treasurer may combine any payment due under this subdivision with any amount due to be paid on or before August 1, 2002, to the same city, village, or town under par. (a).
2. `Payments from dues for calendar years 2002 to 2004.' Notwithstanding s. 101.573 (3) (a) and except as otherwise provided in this subdivision, on or before May 1 in each year, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), withhold 0.5% and certify to the state treasurer the proper amount to be paid from the appropriation under s. 20.143 (3) (L) to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) (b) and s. 101.575. Annually, on or before August 1, the state treasurer shall pay the amounts certified by the department to each such city, village, and town. This paragraph applies only to payment of a proportionate share of fire department dues collected for calendar years 2002 to 2004.
3. The amounts withheld under subds. 1. and 2. shall be disbursed to correct errors of the department or the commissioner of insurance. The department shall certify to the state treasurer the amount that must be disbursed to correct an error and the state treasurer shall pay the amount to the specified city, village, or town. The balance of the amount withheld in a calendar year under subds. 1. or 2., as applicable, which is not disbursed under this subdivision shall be included in the total compiled by the department under subd. 2. for the next calendar year, except that amounts withheld under subd. 2. from fire department dues collected for calendar year 2004 that are not disbursed under this subdivision shall be included in the total compiled by the department under s. 101.573 (3) (a) for the next calendar year. If errors in payments exceed the amount withheld, adjustments shall be made in the distribution for the next year.
(3) Notices of ineligibility and departmental audits; exceptions. Except as otherwise provided in this subsection and notwithstanding s. 101.575 (1) (am) and (4) (a) 2., the department may not issue a notice of noncompliance with regard to a city, village, or town that fails to satisfy all eligibility requirements under s. 101.575 (1) and (3) to (5) and may not audit any city, village, town, or fire department for purposes of determining whether the city, village, town, or fire department complies with s. 101.575 (6) and s. 101.14 (2). This subsection does not apply after August 1, 2005.
109,269t Section 269t. 101.573 (4) of the statutes is amended to read:
101.573 (4) The department shall transmit to the treasurer of each city, village, and town entitled to fire department dues, a statement of the amount of dues payable to it under this section, and the commissioner of insurance shall furnish to the state treasurer, upon request, a list of the insurers paying dues under s. 601.93 and the amount paid by each.
109,270 Section 270. 101.9204 (2) of the statutes is amended to read:
101.9204 (2) Any person who knowingly makes a false statement in an application for a certificate of title may be fined not more than $5,000 or imprisoned for not more than 5 years or both is guilty of a Class H felony.
109,271 Section 271. 101.94 (8) (b) of the statutes is amended to read:
101.94 (8) (b) Any individual or a director, officer or agent of a corporation who knowingly and wilfully violates this subchapter in a manner which threatens the health or safety of a purchaser shall may be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.
109,272 Section 272. 102.835 (11) of the statutes is amended to read:
102.835 (11) Evasion. Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized under this section with intent to evade or defeat the assessment or collection of any debt may be fined not more than $5,000 or imprisoned for not more than 4 years and 6 months or both, is guilty of a Class I felony and shall be liable to the state for the costs of prosecution.
109,273 Section 273. 102.835 (18) of the statutes is amended to read:
102.835 (18) Restriction on employment penalties by reason of levy. No employer may discharge or otherwise discriminate with respect to the terms and conditions of employment against any employee by reason of the fact that his or her earnings have been subject to levy for any one levy or because of compliance with any provision of this section. Whoever wilfully violates this subsection may be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.
109,274 Section 274. 102.85 (3) of the statutes is amended to read:
102.85 (3) An employer who violates an order to cease operations under s. 102.28 (4) 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.
109,274c Section 274c. 103.49 (5) (a) of the statutes is amended to read:
103.49 (5) (a) Each contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. If requested by any person, a contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall permit that person to inspect and copy any of those records to the same extent as if the record were maintained by the department, except that s. 19.36 (3) does not limit the duty of a subcontractor or a contractor's or subcontractor's agent to permit inspection and copying of a record under this paragraph. Before permitting the inspection and copying of a record under this paragraph, a contractor, subcontractor, or contractor's or subcontractor's agent shall delete from the record any personally identifiable information, as defined in s. 19.62 (5), contained in the record about any person performing the work described in sub. (2m) other than the trade or occupation of the person, the number of hours worked by the person, and the actual wages paid for those hours worked.
109,274cj Section 274cj. 103.50 (6m) of the statutes is created to read:
103.50 (6m) Records; inspection. Each contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. If requested by any person, a contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall permit that person to inspect and copy any of those records to the same extent as if the record were maintained by the department, except that s. 19.36 (3) does not limit the duty of a subcontractor or a contractor's or subcontractor's agent to permit inspection and copying of a record under this subsection. Before permitting the inspection and copying of a record under this subsection, a contractor, subcontractor, or contractor's or subcontractor's agent shall delete from the record any personally identifiable information, as defined in s. 19.62 (5), contained in the record about any person performing the work described in sub. (2m) other than the trade or occupation of the person, the number of hours worked by the person, and the actual wages paid for those hours worked.
109,274h Section 274h. 103.67 (1) of the statutes is amended to read:
103.67 (1) A minor 14 to 18 years of age shall may not be employed or permitted to work in any gainful occupation during the hours that the minor is required to attend school under s. 118.15 unless the minor has completed high school, except that any minor may be employed in a public exhibitions exhibition as provided in s. 103.78 and a minor 16 years of age or over may be employed as an election inspector as provided in s. 7.30 (2) (am).
109,274j Section 274j. 103.68 (1) of the statutes is amended to read:
103.68 (1) No minor shall be employed or permitted to work at any gainful occupation other than domestic service or, farm labor, or service as an election inspector under s. 7.30 (2) (am) for more than 8 hours in any one day nor more than 40 hours nor more than 6 days in any one week, nor during such hours as the minor is required under s. 118.15 (2) to attend school.
109,274L Section 274L. 103.70 (2) of the statutes is amended to read:
103.70 (2) Minors may be employed without permits in any employment limited to work in or around a home in work usual to the home of the employer, if the employment is not in connection with or a part of the business, trade, or profession of the employer, is in accordance with the minimum age stated in s. 103.67 (2) (d) (f), and is not specifically prohibited by ss. 103.64 to 103.82 or by any order of the department. Minors may also be employed without permits as election inspectors as provided in s. 7.30 (2) (am).
109,274m Section 274m. 106.50 (5m) (d) of the statutes is amended to read:
106.50 (5m) (d) Nothing in this section requires that housing be made available to an individual whose tenancy would constitute a direct threat to the safety of other tenants or persons employed on the property or whose tenancy would result in substantial physical damage to the property of others, if the risk of direct threat or damage cannot be eliminated or sufficiently reduced through reasonable accommodations. A claim that an individual's tenancy poses a direct threat or a substantial risk of harm or damage must be evidenced by behavior by the individual which that caused harm or damage, which that directly threatened harm or damage, or which that caused a reasonable fear of harm or damage to other tenants, persons employed on the property, or the property. No claim that an individual's tenancy would constitute a direct threat to the safety of other persons or would result in substantial damage to property may be based on the fact that a tenant has been or may be the victim of domestic abuse, as defined in s. 813.12 (1) (a) (am).
109,275 Section 275. 108.225 (11) of the statutes is amended to read:
108.225 (11) Evasion. Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized under this section with intent to evade or defeat the assessment or collection of any debt may be fined not more than $5,000 or imprisoned for not more than 4 years and 6 months or both, is guilty of a Class I felony and shall be liable to the state for the costs of prosecution.
109,276 Section 276. 108.225 (18) of the statutes is amended to read:
108.225 (18) Restriction on employment penalties by reason of levy. No employer may discharge or otherwise discriminate with respect to the terms and conditions of employment against any employee by reason of the fact that his or her earnings have been subject to levy for any one levy or because of compliance with any provision of this section. Whoever wilfully violates this subsection may be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.
109,277 Section 277. 110.07 (5) (a) of the statutes is amended to read:
110.07 (5) (a) In this subsection, "bulletproof garment" has the meaning given in s. 939.64 (1) means a vest or other garment designed, redesigned, or adapted to prevent bullets from penetrating through the garment.
109,278 Section 278. 114.20 (18) (c) of the statutes is amended to read:
114.20 (18) (c) Any person who knowingly makes a false statement in any application or in any other document required to be filed with the department, or who knowingly foregoes the submission of any application, document, or any registration certificate or transfer shall 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.
109,279m Section 279m. 115.28 (25) of the statutes is repealed.
109,280 Section 280. 115.31 (2g) of the statutes is amended to read:
115.31 (2g) Notwithstanding subch. II of ch. 111, the state superintendent shall revoke a license granted by the state superintendent, without a hearing, if the licensee is convicted of any Class A, B, C, or D felony under ch. 940 or 948, except ss. 940.08 and 940.205, for a violation that occurs on or after September 12, 1991, or any Class E, F, G, or H felony under ch. 940 or 948, except ss. 940.08 and 940.205, for a violation that occurs on or after the effective date of this subsection .... [revisor inserts date].
109,280m Section 280m. Subchapter VIII (title) of chapter 115 [precedes 115.997] of the statutes is created to read:
Chapter 115
Subchapter viii
technology for educational
achievement
109,280n Section 280n. 118.12 (4) of the statutes is created to read:
118.12 (4) If a school board enters into a contract that grants to one vendor the exclusive right to sell soft drinks in one or more schools of the school district, the contract may not prohibit the sale of milk in any school and, to the maximum extent possible, the school board shall ensure that milk is available to pupils in each school covered by the contract whenever and wherever the soft drinks are available to pupils.
109,280p Section 280p. 118.15 (3) (d) of the statutes is created to read:
118.15 (3) (d) Any child excused in writing by his or her parent or guardian and by the principal of the school that the child attends for the purpose of serving as an election official under s. 7.30 (2) (am). A principal may not excuse a child under this paragraph unless the child has at least a 3.0 grade point average or the equivalent. The principal shall allow the child to take examinations and complete course work missed during the child's absences under this paragraph. The principal shall promptly notify the municipal clerk or the board of election commissioners of the municipality that appointed the child as an election official if the child ceases to be enrolled in school or if the child no longer has at least a 3.0 grade point average or the equivalent.
109,281 Section 281. 118.19 (4) (a) of the statutes is amended to read:
118.19 (4) (a) Notwithstanding subch. II of ch. 111, the state superintendent may not grant a license, for 6 years following the date of the conviction, to any person who has been convicted of any Class A, B, C, or D felony under ch. 940 or 948, except ss. 940.08 and 940.205, or of an equivalent crime in another state or country, for a violation that occurs on or after September 12, 1991, for 6 years following the date of the conviction, and or any Class E, F, G, or H felony under ch. 940 or 948, except ss. 940.08 and 940.205, for a violation that occurs on or after the effective date of this paragraph .... [revisor inserts date]. The state superintendent may grant the license only if the person establishes by clear and convincing evidence that he or she is entitled to the license.
109,282 Section 282. 118.30 (1m) (d) of the statutes is amended to read:
118.30 (1m) (d) If the school board operates high school grades, beginning in the 2002-03 2004-05 school year administer the high school graduation examination adopted by the school board under sub. (1g) (b) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 11th and 12th grades. The school board shall administer the examination at least twice each school year and may administer the examination only to pupils enrolled in the 11th and 12th grades.
109,283 Section 283. 118.30 (1r) (d) of the statutes is amended to read:
118.30 (1r) (d) If the charter school operates high school grades, beginning in the 2002-03 2004-05 school year, administer the high school graduation examination adopted by the operator of the charter school under sub. (1g) (b) to all pupils enrolled in the 11th and 12th grades in the charter school. The operator of the charter school shall administer the examination at least twice each school year and may administer the examination only to pupils enrolled in the 11th and 12th grades.
109,284 Section 284. 118.33 (1) (f) of the statutes is amended to read:
118.33 (1) (f) 1. By September 1, 2002 2004, each school board operating high school grades shall develop a written policy specifying criteria for granting a high school diploma that are in addition to the requirements under par. (a). The criteria shall include the pupil's score on the examination administered under s. 118.30 (1m) (d), the pupil's academic performance, and the recommendations of teachers. Except as provided in subd. 2., the criteria apply to pupils enrolled in charter schools located in the school district.
2. By September 1, 2002 2004, each operator of a charter school under s. 118.40 (2r) that operates high school grades shall develop a policy specifying criteria for granting a high school diploma. The criteria shall include the pupil's score on the examination administered under s. 118.30 (1r) (d), the pupil's academic performance, and the recommendations of teachers.
3. Beginning on September 1, 2003 2005, neither a school board nor an operator of a charter school under s. 118.40 (2r) may grant a high school diploma to any pupil unless the pupil has satisfied the criteria specified in the school board's or charter school's policy under subd. 1. or 2.
109,284d Section 284d. 120.18 (1) (i) of the statutes is amended to read:
120.18 (1) (i) A description of the educational technology used by the school district, including the uses made of the technology, the cost of the technology and the number of persons using or served by the technology. In this paragraph, "educational technology" has the meaning given in s. 44.70 (3) 115.997 (3).
109,284m Section 284m. 121.05 (1) (a) 13. of the statutes is created to read:
121.05 (1) (a) 13. Pupils attending the Youth Challenge program under s. 21.26.
109,285 Section 285. 121.07 (7) (a) of the statutes is amended to read:
121.07 (7) (a) The "primary guaranteed valuation per member" is $2,000,000 $1,930,000.
109,285m Section 285m. 121.095 of the statutes is created to read:
121.095 State aid adjustment; Youth Challenge program. (1) Annually the department shall reduce each school district's state aid payment under s. 121.08, or other state aid payments, if necessary, by an amount calculated as follows:
(a) Determine the number of pupils counted in the school district's membership who are attending the Youth Challenge program under s. 21.26.
(b) Multiply the result under par. (a) by the lesser of the following:
1. The amount determined by the department of military affairs under s. 21.26 (2) (a).
2. The amount determined for the school district under s. 121.91 (2m) (e) 3. for the current school year.
(2) From the appropriation under s. 20.255 (2) (ac), annually the department of public instruction shall pay to the department of military affairs an amount equal to the sum of the reductions under sub. (1). The department of public instruction shall ensure that the aid adjustment under sub. (1) does not affect the amount determined to be received by a school district as state aid under s. 121.08 or for any other purpose.
109,286 Section 286. 121.15 (3m) (a) 1. of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 121.15 (3m) (a) 1. (intro.) and amended to read:
121.15 (3m) (a) 1. (intro.) "Partial school revenues" means the sum of state school aids, other than the amounts appropriated under s. 20.255 (2) and (cv), property taxes levied for school districts and aid paid to school districts under s. 79.095 (4), less the all of the following:
a. The amount of any revenue limit increase under s. 121.91 (4) (a) 2. due to a school board's increasing the services that it provides by adding responsibility for providing a service transferred to it from another school board, less the.
b. The amount of any revenue limit increase under s. 121.91 (4) (a) 3., less the
c. The amount of any revenue limit increase under s. 121.91 (4) (j), less the.
d. The amount of any revenue limit increase under s. 121.91 (4) (h), less the.
e. The amount of any property taxes levied for the purpose of s. 120.13 (19), and less an.
f. An amount equal to 45% of the amount estimated to be paid under s. 119.23 (4) and (4m).
109,287 Section 287. 121.15 (3m) (a) 1. g. of the statutes is created to read:
121.15 (3m) (a) 1. g. The amount by which the property tax levy for debt service on debt that has been approved by a referendum exceeds $490,000,000.
109,287d Section 287d. 121.15 (3m) (a) 2. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:
121.15 (3m) (a) 2. "State school aids" means those aids appropriated under s. 20.255 (1) (b) and (2), other than s. 20.255 (2) (fm), (fu), (k), and (m), and under ss. 20.275 (1) (d), 20.255 (4) (es), (et) and (f) and 20.285 (1) (ee), (r) and (rc) and those aids appropriated under s. 20.275 (1) 20.255 (4) (s) that are used to provide grants or educational telecommunications access to school districts under s. 44.73 115.9995.
109,287m Section 287m. 121.15 (3m) (b) of the statutes is amended to read:
121.15 (3m) (b) By May 15, 1999 2003, and annually by May 15 thereafter, the department, the department of administration and the legislative fiscal bureau shall jointly certify to the joint committee on finance an estimate of the amount necessary to appropriate under s. 20.255 (2) (ac) in the following school year to ensure that the sum of state school aids and the school levy tax credit under s. 79.10 (4) equals two-thirds of partial school revenues.
109,288 Section 288. 121.15 (3m) (c) of the statutes is amended to read:
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