Wisconsin Legislature: LRBs0382/1

49.688 (8m) (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 eligible persons under this section 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 eligible person 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 141. 49.688 (9) (b) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

49.688 (9) (b) A person who is convicted of violating a rule promulgated by the department under par. (a) in connection with that person's furnishing of prescription drugs under this section is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000, or imprisoned for not more than 7 years and 6 months, or both.

SECTION 142. 49.688 (9) (c) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

49.688 (9) (c) A person other than a person specified in par. (b) who is convicted of violating a rule promulgated by the department under par. (a) may be fined not more than $10,000, or imprisoned in the county jail for not more than one year, or both.

SECTION 143. 49.795 (8) (a) 2. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

49.795 (8) (a) 2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section may 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 I felony.

SECTION 144. 49.795 (8) (b) 2. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

49.795 (8) (b) 2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section may 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 145. 49.795 (8) (c) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

49.795 (8) (c) For any offense under this section, if the value of the food coupons is $5,000 or more, a person who violates this section may be fined not more than $250,000 or imprisoned for not more than 30 years or both is guilty of a Class G felony.

SECTION 146. 49.95 (1) of the statutes is renumbered 49.95 (1) (intro.) and amended to read:

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:

(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.

(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.

(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.

(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.

SECTION 147. 49.95 (1) (e) and (f) of the statutes are created to read:

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.

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

SECTION 148. 50.065 (1) (e) 1. of the statutes is amended to read:

50.065 (1) (e) 1. "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), 948.025 or 948.03 (2) (a), 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), 948.025 or 948.03 (2) (a) if committed in this state.

SECTION 149. 51.15 (12) of the statutes is amended to read:

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.

SECTION 150. 55.06 (11) (am) of the statutes is amended to read:

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.

SECTION 151. 66.0143 of the statutes is created to read:

66.0143 Local appeals for exemption from state mandates. (1) DEFINITIONS. In this section:

(a) "Political subdivision" means a city, village, town, or county.

(b) "State mandate" means a state law that requires a political subdivision to engage in an activity or provide a service, or to increase the level of its activities or services.

(2) APPEALS FOR EXEMPTIONS. (a) A political subdivision may file a request with the department of revenue for a waiver from a state mandate, except for a state mandate that is related to any of the following:

1. Health.

2. Safety.

(b) An administrative agency, or the department of revenue, may grant a political subdivision a waiver from a state mandate as provided in par. (c).

(c) The political subdivision shall specify in its request for a waiver its reason for requesting the waiver. Upon receipt of a request for a waiver, the department of revenue shall forward the request to the administrative agency which is responsible for administrating the state mandate. The agency shall determine whether to grant the waiver and shall notify the political subdivision and the department of revenue of its decision in writing. If no agency is responsible for administrating the state mandate, the department of revenue shall determine whether to grant the waiver and shall notify the political subdivision of its decision in writing.

(3) DURATION OF WAIVERS. A waiver is effective for 4 years. The administrative agency may renew the waiver for additional 4-year periods. If a waiver is granted by the department of revenue, the department may renew the waiver under this subsection.

(4) EVALUATION. By July 1, 2004, the department of revenue shall submit a report to the governor, and to the appropriate standing committees of the legislature under s. 13.172 (3). The report shall specify the number of waivers requested under this section, a description of each waiver request, the reason given for each waiver request, and the financial effects on the political subdivision of each waiver that was granted.

SECTION 152. 66.0602 of the statutes is created to read:

66.0602 Limit on operating levy increase. (1) DEFINITIONS. In this section:

(a) "Debt levy" means the political subdivision levy for debt service on loans under subch. II of ch. 24, bonds issued under s. 67.05, and promissory notes issued under s. 67.12 (12), less any revenues that abate the levy.

(b) "Inflation" means a percentage equal to the average annual percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12 months ending on September 30 of the year of the operating levy.

(d) "Operating levy" means the political subdivision levy, less the debt levy.

(e) "Political subdivision" means a municipality or a county.

(f) "Population" means the number of persons residing in the political subdivision as determined by the department of administration under s. 16.96.

(g) "Total levy rate" means the political subdivision purpose levy divided by the equalized value of the political subdivision exclusive of any tax incremental district value increment.

(h) "Valuation factor" means a percentage equal to 60% of the percentage change in a municipality's equalized value due to new construction, less improvements removed, between the year before the year of the operating levy and the previous year, but not less than zero nor greater than 2.

(2) LIMIT. Except as provided in sub. (3), no municipality whose total levy rate is equal to or greater than .001 may increase its operating levy, each year, by a percentage that exceeds the sum of the percentages that are specified in pars. (a) and (c) and the amount that is specified in par. (d), and no county whose total levy rate is equal to or greater than .001 may increase its operating levy, each year, by a percentage that exceeds the sum of the percentages that are specified in pars. (a) and (b) and the amount that is specified in par. (d):

(a) Inflation.

(b) The percentage increase in population in the county from the preceding year to the current year.

(d) An amount equal to 50% of the difference between the political subdivision's allowable operating levy, as determined in the prior year, and the political subdivision's adopted operating levy, as determined in the prior year.

(3) REFERENDUM, EXCEPTIONS. (a) 1. If the governing body of a political subdivision wishes to exceed the operating levy limit otherwise applicable to the political subdivision under this section, it shall adopt a resolution to that effect. The resolution shall specify the operating levy and the percentage increase in the operating levy that the governing body wishes to impose. The governing body shall call a special election for the purpose of submitting the resolution to the electors of the political subdivision for a referendum on approval or rejection. In lieu of calling a special election, the governing body may specify that the referendum be held at the next succeeding spring primary or election or September primary or general election to be held not earlier than 42 days after the adoption of the resolution of the governing body. The governing body shall file the resolution to be submitted to the electors as provided in s. 8.37.

2. The question submitted at the referendum shall be as follows: "Under state law, the operating levy increase for the .... (name of political subdivision), for the tax to be imposed for the year .... (year), is limited to ....% (the amount calculated under sub. (2)) that results in an operating levy of $.... . Notwithstanding the operating levy increase limit, shall the .... (name of political subdivision) be allowed to exceed this operating levy increase limit such that the operating levy increase for the year .... (year) will be ....% (the amount specified in the governing body's resolution) that results in an operating levy of $.... ?"

3. Immediately after expiration of the time allowed to file a petition for a recount, the clerk of the political subdivision shall certify the results of the referendum to the department of revenue. If a petition for a recount is filed, the clerk shall make this certification immediately after the recount has been completed and the time allowed for filing an appeal has passed or, if appealed, immediately after the appeal is decided. A political subdivision may exceed the operating levy increase limit otherwise applicable to it under this section in that year such that the operating levy increase may not exceed the percentage approved by a majority of those voting on the question. The operating levy that results from approval in a referendum shall be the base operating levy to which the limit under sub. (2) is applied in the following year.

(b) 1. If a political subdivision transfers to another governmental unit responsibility for providing any service that the political subdivision provided in the preceding year, the operating levy increase limit otherwise applicable under this section to the political subdivision in the current year is decreased to reflect the cost that the political subdivision would have incurred to provide that service, as determined by the department of revenue.

2. If a political subdivision increases the services that it provides by adding responsibility for providing a service transferred to it from another governmental unit in any year, the operating levy increase limit otherwise applicable under this section to the political subdivision in the current year is increased to reflect the cost of that service, as determined by the department of revenue.

(c) This section does not apply to any county in which the operating levy that the county may impose under s. 59.605 is less than the operating levy that the county may impose under this section.

(d) The limitation in this section does not apply to any increase in a political subdivision's operating levy that results from complying with a court order.

(4) NOTIFICATION. Each year, not later than November 1, the department of revenue shall notify every political subdivision of the increase in inflation, valuation factor, and population, as described in sub. (2), that applies to the political subdivision.

SECTION 154. 66.1207 (1) (b) of the statutes is amended to read:

66.1207 (1) (b) Any person who secures or assists in securing dwelling accommodations under s. 66.1205 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.

SECTION 155. 66.1207 (1) (c) of the statutes is amended to read:

66.1207 (1) (c) Any person who secures or assists in securing dwelling accommodations under s. 66.1205 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.

SECTION 156. 69.24 (1) (intro.) of the statutes is amended to read:

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:

SECTION 157. 70.47 (18) (a) of the statutes is amended to read:

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.

SECTION 158. 71.01 (6) (g) of the statutes is repealed.

SECTION 159. 71.01 (6) (h) of the statutes is repealed.

SECTION 160. 71.01 (6) (i) of the statutes is amended to read:

71.01 (6) (i) For taxable years that begin after December 31, 1993, and before January 1, 1995, for natural persons and fiduciaries, except fiduciaries of nuclear decommissioning trust or reserve funds, "Internal Revenue Code" means the federal Internal Revenue Code as amended to December 31, 1993, excluding sections 103, 104, and 110 of P.L. 102-227 and sections 13113, 13150 (d), 13171 (d), 13174, 13203 (d), and 13215 of P.L. 103-66 and as amended by P.L. 103-296, P.L. 103-337, P.L. 103-465, P.L. 104-7, excluding section 1 of P.L. 104-7, P.L. 104-188, excluding section 1311 of P.L. 104-188, P.L. 104-191, P.L. 104-193, P.L. 105-34, P.L. 105-206 and, P.L. 105-277, and P.L. 106-554, and as indirectly affected by P.L. 99-514, P.L. 100-203, P.L. 100-647, P.L. 101-73, P.L. 101-140, P.L. 101-179, P.L. 101-239, P.L. 101-280, P.L. 101-508, P.L. 102-90, P.L. 102-227, excluding sections 103, 104, and 110 of P.L. 102-227, P.L. 102-318, P.L. 102-486, P.L. 103-66, excluding sections 13113, 13150 (d), 13171 (d), 13174, 13203 (d), and 13215 of P.L. 103-66, P.L. 103-296, P.L. 103-337, P.L. 103-465, P.L. 104-7, excluding section 1 of P.L. 104-7, P.L. 104-188, excluding section 1311 of P.L. 104-188, P.L. 104-191, P.L. 104-193, P.L. 105-34, P.L. 105-206 and, P.L. 105-277, and P.L. 106-554. The Internal Revenue Code applies for Wisconsin purposes at the same time as for federal purposes. Amendments to the federal Internal Revenue Code enacted after December 31, 1993, do not apply to this paragraph with respect to taxable years beginning after December 31, 1993, and before January 1, 1995, except that changes to the Internal Revenue Code made by P.L. 103-296, P.L. 103-337, P.L. 103-465, P.L. 104-7, excluding section 1 of P.L. 104-7, P.L. 104-188, excluding section 1311 of P.L. 104-188, P.L. 104-191, P.L. 104-193, P.L. 105-34, P.L. 105-206 and, P.L. 105-277, and P.L. 106-554, and changes that indirectly affect the provisions applicable to this subchapter made by P.L. 103-296, P.L. 103-337, P.L. 103-465, P.L. 104-7, excluding section 1 of P.L. 104-7, P.L. 104-188, excluding section 1311 of P.L. 104-188, P.L. 104-191, P.L. 104-193, P.L. 105-34, P.L. 105-206 and, P.L. 105-277, and P.L. 106-554, apply for Wisconsin purposes at the same time as for federal purposes.

SECTION 161. 71.01 (6) (j) of the statutes is amended to read:

71.01 (6) (j) For taxable years that begin after December 31, 1994, and before January 1, 1996, for natural persons and fiduciaries, except fiduciaries of nuclear decommissioning trust or reserve funds, "Internal Revenue Code" means the federal Internal Revenue Code as amended to December 31, 1994, excluding sections 103, 104, and 110 of P.L. 102-227 and sections 13113, 13150 (d), 13171 (d), 13174, and 13203 (d) of P.L. 103-66, and as amended by P.L. 104-7, P.L. 104-117, P.L. 104-188, excluding sections 1202, 1204, 1311, and 1605 of P.L. 104-188, P.L. 104-191, P.L. 104-193, P.L. 105-34, P.L. 105-206 and, P.L. 105-277, and P.L. 106-554, and as indirectly affected by P.L. 99-514, P.L. 100-203, P.L. 100-647, P.L. 101-73, P.L. 101-140, P.L. 101-179, P.L. 101-239, P.L. 101-280, P.L. 101-508, P.L. 102-90, P.L. 102-227, excluding sections 103, 104, and 110 of P.L. 102-227, P.L. 102-318, P.L. 102-486, P.L. 103-66, excluding sections 13113, 13150 (d), 13171 (d), 13174, and 13203 (d) of P.L. 103-66, P.L. 103-296, P.L. 103-337, P.L. 103-465, P.L. 104-7, P.L. 104-117, P.L. 104-188, excluding sections 1202, 1204, 1311, and 1605 of P.L. 104-188, P.L. 104-191, P.L. 104-193, P.L. 105-34, P.L. 105-206 and, P.L. 105-277, and P.L. 106-554. The Internal Revenue Code applies for Wisconsin purposes at the same time as for federal purposes. Amendments to the federal Internal Revenue Code enacted after December 31, 1994, do not apply to this paragraph with respect to taxable years beginning after December 31, 1994, and before January 1, 1996, except that changes to the Internal Revenue Code made by P.L. 104-7, P.L. 104-117, P.L. 104-188, excluding sections 1202, 1204, 1311, and 1605 of P.L. 104-188, P.L. 104-191, P.L. 104-193, P.L. 105-34, P.L. 105-206 and, P.L. 105-277, and P.L. 106-554, and changes that indirectly affect the provisions applicable to this subchapter made by P.L. 104-7, P.L. 104-117, P.L. 104-188, excluding sections 1202, 1204, 1311, and 1605 of P.L. 104-188, P.L. 104-191, P.L. 104-193, P.L. 105-34, P.L. 105-206 and, P.L. 105-277, and P.L. 106-554, apply for Wisconsin purposes at the same time as for federal purposes.

SECTION 162. 71.01 (6) (k) of the statutes is amended to read: