Wisconsin Legislature: LRBs0382/1

21.26 (3) Based on the information received under s. 121.095 (3), if the department of military affairs determines that a pupil attending the Youth Challenge program is enrolled in a school district that had its state aid reduced by the amount under s. 121.095 (1) (b) 2., the county in which the pupil's custodial parent or guardian resided at the time of the pupil's attendance in the program shall pay to the state, from the funds received under s. 20.410 (3) (cd) and (ko), the difference between the amount under s. 121.095 (1) (b) 2. and the amount calculated under sub. (2) (a). The pupil's custodial parent or guardian is the person who claims the pupil as a dependent under section 151 (c) of the Internal Revenue Code on his or her tax return. The department shall notify the county where a pupil resides of the amount that the county is required to pay to the state.

SECTION 72g. 23.0917 (4) (cm) 7. of the statutes is created to read:

23.0917 (4) (cm) 7. Development of a wildlife rehabilitation center under s. 23.197 (10).

SECTION 72k. 23.0917 (7) (e) of the statutes is amended to read:

23.0917 (7) (e) For any land for which moneys are proposed to be obligated from the appropriation under s. 20.866 (2) (ta) in order to provide a grant or state aid to a governmental unit under s. 23.09 (19), (20), or (20m) or 30.277 or to a nonprofit conservation organization under s. 23.096, the department shall use at least 2 appraisals to determine the fair market value of the land. The governmental unit or nonprofit conservation organization shall submit to the department two appraisals if the department estimates that the fair market value of the land exceeds $200,000 one appraisal that is paid for by the governmental unit or nonprofit conservation organization. The department shall obtain its own independent appraisal. The department may also require that the governmental unit or nonprofit conservation organization submit a 3rd independent appraisal. The department shall reimburse the governmental unit or nonprofit conservation organization up to 50% of the costs of the 3rd appraisal as part of the acquisition costs of the land if the land is acquired by the governmental unit or nonprofit conservation organization with moneys obligated from the appropriation under s. 20.866 (2) (ta). This paragraph does not apply if the fair market value of the land is estimated by the department to be $200,000 or less.

SECTION 72m. 23.155 of the statutes is created to read:

23.155 Contracts to sell or exchange state-owned land under the jurisdiction of the department. (1) In this section, "department land" means an area of land that is owned by the state, that is under the jurisdiction of the department, and that is used for one of the purposes described in s. 23.09 (2) (d) 1., 2., 3., 6., 7., 8., 10., 11., 12., 13., 14., 15., or 16.

(2) The department may not enter into a contract to sell or exchange department land that has a fair market value in excess of $75,000 unless the department first notifies the joint committee on finance in writing of the proposed contract. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's notification that the committee has scheduled a meeting to review the proposed contract, the department may enter into the contract. If, within 14 working days after receiving the notification from the department, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed contract, the department may enter into the contract only on the approval of the committee.

(3) The joint committee on finance may approve a contract under sub. (2) to sell department land only if the committee determines that the level of reimbursement to be received by the state adequately reimburses the state for its cost in acquiring and developing the department land. The joint committee on finance may approve a contract under sub. (2) to exchange department land for other land only if the committee determines that the value of the land to be received by the state in the exchange adequately reflects the state's cost in acquiring and developing the department land.

(4) The approval process under subs. (2) and (3) is in addition to any approval process that may apply to the sale or exchange of the department land under s. 13.48 (14) (d).

SECTION 72p. 23.197 (6g) of the statutes is created to read:

23.197 (6g) PLOVER RIVER; CONSERVATION EASEMENTS. From the appropriation under s. 20.866 (2) (ta), the department shall provide funding in the amount of $250,000 to acquire conservation easements along the Plover River in Marathon County and Portage County. For the purposes of s. 23.0917, moneys provided under this subsection from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated under the subprogram for land acquisition.

SECTION 72r. 23.197 (10) of the statutes is created to read:

23.197 (10) WILDLIFE REHABILITATION CENTER. From the appropriation under s. 20.866 (2) (ta), the department shall provide $500,000 to the Wisconsin Humane Society in Milwaukee for the development of an outdoor center to be used for the rehabilitation of wildlife. For purposes of s. 23.0917, the moneys provided under this subsection shall be treated as moneys obligated from either or both of the subprograms under s. 23.0917 (3) and (4).

SECTION 73. 23.33 (13) (cg) of the statutes is amended to read:

23.33 (13) (cg) Penalties related to causing death or injury; interference with signs and standards. A person who violates sub. (8) (f) 1. 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 violation causes the death or injury, as defined in s. 30.67 (3) (b), of another person.

SECTION 81. 25.66 (1) (e) of the statutes is created to read:

25.66 (1) (e) Beginning in fiscal year 2003-04, all moneys transferred from the general fund under s. 20.436 (1) (b).

SECTION 82. 25.69 of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

25.69 Permanent endowment fund. There is established a separate nonlapsible trust fund designated as the permanent endowment fund, consisting of all of the proceeds from the sale of the state's right to receive payments under the Attorneys General Master Tobacco Settlement Agreement of November 23, 1998, and all investment earnings on the proceeds. Moneys in the permanent endowment fund shall be used only to make the transfers under s. 20.855 (4) (rc), (rh), (rp), and (rv) and to make the appropriation under s. 20.855 (4) (rb).

SECTION 83. 25.69 of the statutes, as affected by 2001 Wisconsin Acts 16 and .... (this act), is repealed and recreated to read:

SECTION 84. 26.14 (8) of the statutes is amended to read:

26.14 (8) Any person who intentionally sets fire to the land of another or to a marsh 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.

SECTION 84g. 26.145 (2m) of the statutes is created to read:

26.145 (2m) EFFECT OF OTHER FINANCIAL ASSISTANCE. The department may consider any cost which has been or will be paid or reimbursed from moneys received under another federal or state financial assistance program as an ineligible cost for the purposes of calculating the amount of a grant under sub. (1), except that the department shall consider any cost that has been or will be paid or reimbursed from moneys received under s. 101.573 (3) as an eligible cost for the purposes of calculating the amount of a grant under sub. (1).

SECTION 84h. 26.145 (2m) of the statutes, as created by 2001 Wisconsin Act .... (this act) is repealed.

SECTION 85. 29.971 (1) (c) of the statutes is amended to read:

29.971 (1) (c) For A person having fish in his or her possession in violation of this chapter and is guilty of a Class I felony if the value of the fish under par. (d) exceeds $1,000, by a fine of not more than $10,000 or imprisonment for not more than 3 years or both.

SECTION 86. 29.971 (1m) (c) of the statutes is amended to read:

29.971 (1m) (c) For A person possessing clams in violation of s. 29.537, is guilty of a Class I felony if the value of the clams under par. (d) exceeds $1,000, by a fine of not more than $10,000 or imprisonment for not more than 3 years or both.

SECTION 87. 29.971 (11m) (a) of the statutes is amended to read:

29.971 (11m) (a) For shooting, shooting at, killing, taking, catching or possessing a bear without a valid Class A bear license, or for possessing a bear which does not have a carcass tag attached or possessing a bear during the closed season, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both for the first violation, or by a fine of not more than $5,000 $10,000 or imprisonment for not more than 2 years 9 months or both for any subsequent violation, and, in addition, the court shall revoke all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approval under this chapter to the person for 3 years.

SECTION 88. 29.971 (11p) (a) of the statutes is amended to read:

29.971 (11p) (a) For entering the den of a hibernating black bear and harming the bear, by a fine of not more than $10,000 or imprisonment for not more than 2 years 9 months or both.

SECTION 89. 30.80 (2g) (b) of the statutes is amended to read:

30.80 (2g) (b) Shall be fined not less than $300 nor more than $5,000 $10,000 or imprisoned for not more than 2 years 9 months or both if the accident involved injury to a person but the person did not suffer great bodily harm.

SECTION 90. 30.80 (2g) (c) of the statutes is amended to read:

30.80 (2g) (c) 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 if the accident involved injury to a person and the person suffered great bodily harm.

SECTION 91. 30.80 (2g) (d) of the statutes is amended to read:

30.80 (2g) (d) 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 if the accident involved death to a person.

SECTION 92. 30.80 (3m) of the statutes is amended to read:

30.80 (3m) Any person violating s. 30.547 (1), (3) or (4) shall be fined not more than $5,000 or imprisoned not more than 7 years and 6 months or both is guilty of a Class H felony.

SECTION 93. 36.25 (6) (d) of the statutes is amended to read:

36.25 (6) (d) Any officer, agent, clerk or employee of the survey or department of revenue who makes known to any person except the officers of the survey or department of revenue, in any manner, any information given to such person in the discharge of such person's duties under par. (c), which information was given to such person with the request that it not be made known, upon conviction thereof, shall be fined not less than $50 nor more than $500 or imprisoned for not less than one month nor more than 3 years is guilty of a Class I felony. This paragraph shall not prevent the use for assessment purposes of any information obtained under this subsection.

SECTION 94. 38.04 (9) of the statutes is amended to read:

38.04 (9) TRAINING PROGRAMS FOR FIRE FIGHTERS. In order to promote safety to life and property, the board may establish and supervise training programs in fire prevention and protection. The training programs shall include training in responding to acts of terrorism, as defined in s. 146.50 (1) (ag), and shall be available to members of volunteer and paid fire departments maintained by public and private agencies, including industrial plants. No training program required for participation in structural fire fighting that is offered to members of volunteer and paid fire departments maintained by public agencies may require more than 60 hours of training.

SECTION 98. 38.28 (1m) (a) 1. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

38.28 (1m) (a) 1. "District aidable cost" means the annual cost of operating a technical college district, including debt service charges for district bonds and promissory notes for building programs or capital equipment, but excluding all expenditures relating to auxiliary enterprises and community service programs, all expenditures funded by or reimbursed with federal revenues, all receipts under sub. (6) and ss. 38.12 (9), 38.14 (3) and (9), 118.15 (2) (a), 118.55 (7r), and 146.55 (5), all receipts from grants awarded under ss. 38.04 (8), (19), (20), and (31), 38.14 (11), 38.26, 38.27, 38.305, 38.31, 38.33, and 38.38, all fees collected under s. 38.24, and driver education and chauffeur training aids.

SECTION 99. 38.305 of the statutes, as affected by 2001 Wisconsin Act 16, is repealed.

SECTION 100g. 40.02 (30) of the statutes is amended to read:

40.02 (30) "Executive participating employee" means a participating employee in a position designated under s. 19.42 (10) (L) or 20.923 (4), (4g), (7), (8), or (9) or authorized under s. 230.08 (2) (e) during the time of employment. All service credited prior to May 17, 1988, as executive service as defined under s. 40.02 (31), 1985 stats., shall continue to be treated as executive service as defined under s. 40.02 (31), 1985 stats., but no other service rendered prior to May 17, 1988, may be changed to executive service as defined under s. 40.02 (31), 1985 stats.

SECTION 100m. 44.015 (5m) of the statutes is created to read:

44.015 (5m) Except as otherwise provided by law, establish fees for services or products or for admission to venues.

SECTION 100p. 46.286 (3m) of the statutes is created to read:

46.286 (3m) INFORMATION ABOUT FAMILY CARE ENROLLEES. (a) In this subsection:

1. "Disability insurance policy" has the meaning given in s. 632.895 (1) (a).

2. "Insurer" has the meaning given in s. 600.03 (27).

(b) An insurer that issues or delivers a disability insurance policy that provides coverage to a resident of this state shall provide to the department, upon the department's request, information contained in the insurer's records regarding all of the following:

1. Information that the department needs to identify enrollees of family care who satisfy any of the following:

a. Are eligible for benefits under a disability insurance policy.

b. Would be eligible for benefits under a disability insurance policy if the enrollee were enrolled as a dependent of a person insured under the disability insurance policy.

2. Information required for submittal of claims under the insurer's disability insurance policy.

3. The types of benefits provided by the disability insurance policy.

(c) Upon requesting an insurer to provide the information under par. (b), the department shall enter into a written agreement with the insurer that satisfies all of the following:

1. Identifies in detail the information to be disclosed.

2. Includes provisions that adequately safeguard the confidentiality of the information to be disclosed.

(d) 1. An insurer shall provide the information requested under par. (b) within 180 days after receiving the department's request if it is the first time that the department has requested the insurer to disclose information under this subsection.

2. An insurer shall provide the information requested under par. (b) within 30 days after receiving the department's request if the department has previously requested the insurer to disclose information under this subsection.

3. If an insurer fails to comply with subd. 1. or 2., the department may notify the commissioner of insurance, and the commissioner of insurance may initiate enforcement proceedings against the insurer under s. 601.41 (4) (a).

SECTION 101. 47.03 (3) (d) of the statutes is amended to read:

47.03 (3) (d) Any person who violates this subsection shall be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

SECTION 102. 48.355 (2d) (b) 3. of the statutes is amended to read:

48.355 (2d) (b) 3. That the parent has committed a violation of s. 940.19 (3), 1999 stats., a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the child or another child of the parent.

SECTION 103. 48.415 (9m) (b) 2. of the statutes is amended to read:

48.415 (9m) (b) 2. The commission of a violation of s. 940.19 (3), 1999 stats., a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 if committed in this state.

SECTION 104. 48.417 (1) (d) of the statutes is amended to read:

48.417 (1) (d) A court of competent jurisdiction has found that the parent has committed a violation of s. 940.19 (3), 1999 stats., a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the child or another child of the parent.

SECTION 110. 48.57 (3p) (g) 2. of the statutes is amended to read:

48.57 (3p) (g) 2. The person has had imposed on him or her a penalty specified in s. 939.64, 1999 stats., or s. 939.641, 1999 stats., or s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the person would be subject to a penalty specified in any of those sections if convicted in this state.

SECTION 111. 48.685 (1) (c) of the statutes is amended to read:

48.685 (1) (c) "Serious crime" means a violation of s. 940.19 (3), 1999 stats., a violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (3), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) or 948.30 or a violation of the law of any other state or United States jurisdiction that would be a violation of s. 940.19 (3), 1999 stats., or a violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (3), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) or 948.30 if committed in this state.

SECTION 112. 48.685 (5) (bm) 2. of the statutes is amended to read:

48.685 (5) (bm) 2. A violation of s. 940.19 (3), 1999 stats., or of s. 940.19 (2), (3), (4), (5) or (6) or 940.20 (1) or (1m), if the victim is the spouse of the person.

SECTION 113. 48.685 (5) (bm) 3. of the statutes is amended to read:

48.685 (5) (bm) 3. A violation of s. 943.23 (1m) or (1r), 1999 stats., or of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21, 940.225 (1), (2) or (3), 940.23, 940.305, 940.31, 941.20 (2) or (3), 941.21, 943.10 (2), 943.23 (1g), (1m) or (1r) or 943.32 (2).

SECTION 114. 48.685 (5) (bm) 4. of the statutes is amended to read:

48.685 (5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 940.19 (2), (3), (4), (5) or (6), 940.20, 940.203, 940.205 or 940.207 or an offense under ch. 961 that is a felony, if committed not more than 5 years before the date of the investigation under sub. (2) (am).

SECTION 115. 49.141 (7) (a) of the statutes is amended to read: