Amendment ASA1-AB768

AB768-ASA1,292,19 118.30 (6) A school board is not required to administer the 4th and 8th grade examinations adopted or approved by the state superintendent under sub. (1) (a) if the school board administers its own 4th and 8th grade examinations, the school board provides the state superintendent with statistical correlations of those examinations with the examinations adopted or approved by the state superintendent under sub. (1) (a), and the federal department of education approves.

AB768-ASA1, s. 368d Section 368d. 118.55 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,292,25 118.55 (1) Definition. In this section, "institution of higher education" means a center or an institution within the university of Wisconsin system, a tribally controlled college or a private, nonprofit institution of higher education located in this state.

AB768-ASA1, s. 368f Section 368f. 118.55 (5) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,293,5 118.55 (5) (a) If the pupil is attending a center or an institution within the university of Wisconsin system, the actual cost of tuition, fees, books and other necessary materials directly related to the course.

AB768-ASA1, s. 368h Section 368h. 120.115 (1) of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 120.115 (1) (b).

AB768-ASA1, s. 368j Section 368j. 120.115 (1) (a) of the statutes is created to read:

AB768-ASA1,293,13 120.115 (1) (a) Within 10 days after adopting a resolution that authorizes the school board to incur debt or that authorizes the common council of a 1st class city to incur debt on behalf of the school district operating under ch. 119, the school board shall notify the department of the scheduled date of the referendum and submit a copy of the resolution to the department.

AB768-ASA1, s. 368L Section 368L. 120.12 (17) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,293,20 120.12 (17) University of Wisconsin system tuition. Pay the tuition of any pupil enrolled in the school district and attending a center or an institution within the university of Wisconsin system if the pupil is not participating in the program under s. 118.55, the course the pupil is attending at the university is not offered in the school district and the pupil will receive high school credit for the course.

AB768-ASA1, s. 368n Section 368n. 120.13 (2) (g) of the statutes, as affected by 1997 Wisconsin Acts 155 and 191, is amended to read:

AB768-ASA1,294,2 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to (13), 632.896, 767.25 (4m) (d), 767.51 (3m) (d) and 767.62 (4) (b) 4.

AB768-ASA1, s. 368p Section 368p. 121.06 (4) of the statutes is created to read:

AB768-ASA1,294,7 121.06 (4) For purposes of computing state aid under s. 121.08, equalized valuations calculated under sub. (1) and certified under sub. (2) shall include the full value of computers that are exempt under s. 70.11 (39) as determined under s. 79.095 (3).

AB768-ASA1, s. 368v Section 368v. 121.15 (1m) (a) 1. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,294,15 121.15 (1m) (a) 1. The amount appropriated in the 1997-98 fiscal year under s. 20.255 (2) (q) shall be paid to school districts on the 3rd Monday in June, and the difference between An amount equal to $75,000,000 and the amount transferred to the property tax relief fund under 1997 Wisconsin Act 27, section 9256 (3x) (c) 2., shall be paid to school districts on the 4th Monday in July, 1998, from the appropriation under s. 20.255 (2) (ac).

AB768-ASA1, s. 368w Section 368w. 121.15 (1m) (a) 2. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,294,23 121.15 (1m) (a) 2. The amount appropriated in the 1998-99 fiscal year under s. 20.255 (2) (q) shall be paid to school districts on the 3rd Monday in June, and the difference between $175,000,000 and the sum of the amounts transferred to the property tax relief fund under 1997 Wisconsin Act 27, section 9256 (3x) (c) 2., (d) 2. and (e) 2., $75,000,000 shall be paid to school districts on the 4th Monday in July, 1999, from the appropriation under s. 20.255 (2) (ac).

AB768-ASA1, s. 368x Section 368x. 121.15 (1m) (a) 3. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,295,5 121.15 (1m) (a) 3. Beginning in the 1999-2000 school year, annually the state shall pay to school districts, from the appropriation under s. 20.255 (2) (ac), the difference between $175,000,000 and the sum of the amounts transferred to the property tax relief fund under 1997 Wisconsin Act 27, section 9256 (3x) (c) 2., (d) 2. and (e) 2., $75,000,000 on the 4th Monday in July of the following school year.

AB768-ASA1, s. 368y Section 368y. 121.15 (3m) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,295,13 121.15 (3m) (b) By June 15, 1996 May 15, 1999, and annually by June 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.

AB768-ASA1, s. 369 Section 369. 121.15 (3m) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,295,18 121.15 (3m) (c) By June 30, 1998 1999, and annually by June 30 thereafter, the joint committee on finance shall determine the amount appropriated under s. 20.255 (2) (ac) in the following school year.

AB768-ASA1, s. 369g Section 369g. 121.90 (2) of the statutes is amended to read:

AB768-ASA1,296,2 121.90 (2) "State aid" means aid under ss. 121.08, 121.09, 121.10 and 121.105 and subch. VI, as calculated for the current school year on October 15 under s. 121.15 (4), except that "state aid" excludes any additional aid that a school district receives as a result of ss. 121.07 (6) (e) and (7) (e) and 121.105 (3) for school district consolidations that are effective on or after July 1, 1995, as determined by the department. "State aid" also includes amounts under s. 79.095 for the current school year.

AB768-ASA1, s. 369m Section 369m. 121.91 (3) (a) of the statutes is amended to read:

AB768-ASA1,296,20 121.91 (3) (a) If a school board wishes to exceed the limit under sub. (1), (2) or (2m) otherwise applicable to the school district in any school year, it shall promptly adopt a resolution supporting inclusion in the final school district budget of an amount equal to the proposed excess revenue. The resolution shall specify whether the proposed excess revenue is for a recurring or nonrecurring purpose, or, if the proposed excess revenue is for both recurring and nonrecurring purposes, the amount of the proposed excess revenue for each purpose. Within 10 days after adopting the resolution, the school board shall notify the department of the scheduled date of the referendum and submit a copy of the resolution to the department. The school board shall call a special referendum for the purpose of submitting the resolution to the electors of the school district for approval or rejection. In lieu of a special referendum, the school board may specify that the referendum be held at the next succeeding spring primary or election or September primary or general election, if such election is to be held not earlier than 35 days after the adoption of the resolution of the school board. The school district clerk shall certify the results of the referendum to the department within 10 days after the referendum is held.

AB768-ASA1, s. 369r Section 369r. 121.91 (3) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,297,9 121.91 (3) (c) The referendum shall be held in accordance with chs. 5 to 12.The school district clerk shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the elections board under ss. 5.64 (2) and 7.08 (1) (a). The question submitted shall be whether the limit under sub. (1), (2) or (2m) may be exceeded by a specified amount. If the resolution provides that any of the excess revenue will be used for a nonrecurring purpose, the ballot in the election shall so state and shall specify the amount that will be used for a nonrecurring purpose. The school district clerk shall promptly certify the results of the referendum to the state superintendent. The limit otherwise applicable to the school district under sub. (1), (2) or (2m) is increased by the amount approved by a majority of those voting on the question.

AB768-ASA1, s. 376m Section 376m. 138.09 (1m) (b) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

AB768-ASA1,297,13 138.09 (1m) (b) 1. An application under par. (a) for a license shall contain the following:

AB768-ASA1,297,14 a. If the applicant is an individual, the applicant's social security number.

AB768-ASA1,297,16 b. If the applicant is not an individual, the applicant's federal employer identification number.

AB768-ASA1,297,18 2. The division may not disclose any information received under subd. 1. to any person except as follows:

AB768-ASA1,297,20 a. The division may disclose information under subd. 1. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768-ASA1,297,23 b. The division may disclose information under subd. 1. a. to the department of industry, labor and job development in accordance with a memorandum of understanding under s. 49.857.

AB768-ASA1, s. 378m Section 378m. 138.09 (3) (am) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

AB768-ASA1,298,2 138.09 (3) (am) The division may not issue a license under this section to an applicant if any of the following applies:

AB768-ASA1,298,3 1. The applicant fails to provide the information required under sub. (1m) (b).

AB768-ASA1,298,5 2. The department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes.

AB768-ASA1,298,9 3. The applicant fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings.

AB768-ASA1,298,13 4. The applicant is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

AB768-ASA1, s. 380 Section 380. 138.09 (4) (c) of the statutes is created to read:

AB768-ASA1,298,19 138.09 (4) (c) The division shall revoke a license under this section if the department of revenue certifies that the licensee is liable for delinquent taxes under s. 73.0301. A licensee whose license is revoked under this paragraph for delinquent taxes is entitled to a hearing under s. 73.0301 (5) (a) but is not entitled to a hearing under par. (a).

AB768-ASA1, s. 381m Section 381m. 138.12 (3) (d) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

AB768-ASA1,298,23 138.12 (3) (d) 1. An application for a license under this section shall contain the following:

AB768-ASA1,298,24 a. If the applicant is an individual, the applicant's social security number.

AB768-ASA1,299,2 b. If the applicant is not an individual, the applicant's federal employer identification number.

AB768-ASA1,299,4 2. The division may not disclose any information received under subd. 1. to any person except as follows:

AB768-ASA1,299,6 a. The division may disclose information under subd. 1. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768-ASA1,299,9 b. The division may disclose information under subd. 1. a. to the department of industry, labor and job development in accordance with a memorandum of understanding under s. 49.857.

AB768-ASA1, s. 382g Section 382g. 138.12 (4) (a) of the statutes, as created in 1997 Wisconsin Act .... (Senate Bill 494), is renumbered 138.12 (4) (a) (intro.) and amended to read:

AB768-ASA1,299,18 138.12 (4) (a) (intro.) Upon the filing of an application and the payment of the required fees under par. (am) 1., the division shall make an investigation of each applicant and shall issue a license if the division finds the applicant is qualified in accordance with this section. If the division does not so find, the division shall, within 30 days after the division has received the application, notify the applicant and, at the request of the applicant, give the applicant a full hearing, except that an as follows:

AB768-ASA1,299,21 2. An applicant whose application is denied under par. (b) 6. is entitled to notice and a hearing only as provided in a memorandum of understanding entered into under s. 49.857 and is not entitled to a hearing under this paragraph.

AB768-ASA1, s. 382r Section 382r. 138.12 (4) (a) 1. of the statutes is created to read:

AB768-ASA1,299,25 138.12 (4) (a) 1. An applicant whose application is denied under par. (b) 5. is entitled to a hearing under s. 73.0301 (5) (a) but is not entitled to a hearing under this paragraph.

AB768-ASA1, s. 383m Section 383m. 138.12 (4) (b) 5. of the statutes is created to read:

AB768-ASA1,300,3 138.12 (4) (b) 5. Has not been certified by the department of revenue under s. 73.0301 as being liable for delinquent taxes.

AB768-ASA1, s. 384m Section 384m. 138.12 (5) (am) of the statutes, as created by 1997 Wisconsin Act .... (Senate Bill 494), is repealed and recreated to read:

AB768-ASA1,300,7 138.12 (5) (am) 1. The division shall deny an application for a license renewal if any of the following applies:

AB768-ASA1,300,9 a. The applicant has failed to provide the information required under sub. (3) (d) 1.

AB768-ASA1,300,13 b. The department of revenue has certified under s. 73.0301 that the applicant is liable for delinquent taxes under s. 73.0301. An applicant whose renewal application is denied under this subd. 1. b. is entitled to a hearing under s. 73.0301 (5) (a) but is not entitled to a hearing under par. (b).

AB768-ASA1,300,23 c. In the case of a licensee who is an individual, the applicant fails to provide his or her social security number, fails to comply, after appropriate notice, with a subpoena or warrant that is issued by the department of workforce development or a county child support agency under s. 59.53 (5) and that is related to paternity or child support proceedings or the applicant is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose renewal application is denied under this subd. 1. c. is entitled to a notice and hearing under s. 49.857 but is not entitled to a hearing under par. (b).

AB768-ASA1,301,9 2. The division shall restrict or suspend the license of any insurance premium finance company if the division finds that, in the case of a licensee who is an individual, the licensee fails to comply, after appropriate notice, with a subpoena or warrant that is issued by the department of workforce development or a county child support agency under s. 59.53 (5) and that is related to paternity or child support proceedings or the licensee is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. A licensee whose license is restricted or suspended under this subdivision is entitled to a notice and hearing under s. 49.857 but is not entitled to a hearing under par. (b).

AB768-ASA1,301,14 3. The division shall revoke the license of any insurance premium finance company if the department of revenue has certified under s. 73.0301 that the licensee is liable for delinquent taxes under s. 73.0301. A licensee whose license is revoked under this subdivision for delinquent taxes is entitled to a hearing under s. 73.0301 (5) (a) but is not entitled to a hearing under par. (b).

AB768-ASA1, s. 385 Section 385. 139.03 (2x) (c) of the statutes is amended to read:

AB768-ASA1,301,20 139.03 (2x) (c) Administration. Sections 71.74 (1), (2), (10), (11), (13) and (14), 71.75 (4) to (7), 71.80 (12), 71.82 (2), 71.83 (2) (b) 3., 71.88 (1) (a) and (2) (a), 71.89, 71.90, 71.91 (1) (a) and (c) and (2) to (8) (7), 71.92, 73.01 and, 73.015 and 73.0301 apply to the administration of this subsection for the assessment and collection of additional taxes when tax rate changes become effective.

AB768-ASA1, s. 386 Section 386. 139.03 (4) of the statutes is amended to read:

AB768-ASA1,302,2 139.03 (4) Sections 71.74 (1), (2), (10), (11), (13) and (14), 71.75 (4) to (7), 71.80 (12), 71.82 (2), 71.83 (2) (b) 3., 71.88 (1) (a) and (2) (a), 71.89, 71.90, 71.91 (1) (a) and (c) and (2) to (8) (7), 71.92, 73.01 and, 73.015 and 73.0301 apply to the administration of this section for the assessment and collection of additional taxes when a tax rate change becomes effective.

AB768-ASA1, s. 387 Section 387. 139.315 (3) of the statutes is amended to read:

AB768-ASA1,302,7 139.315 (3) Administration. Sections 71.74 (1), (2), (10), (11), (13) and (14), 71.75 (4) to (7), 71.80 (12), 71.82 (2), 71.83 (2) (b) 3., 71.88 (1) (a) and (2) (a), 71.89, 71.90, 71.91 (1) (a) and (c) and (2) to (8) (7), 71.92, 73.01 and, 73.015 and 73.0301 apply to this section.

AB768-ASA1, s. 388 Section 388. 139.39 (6) of the statutes is amended to read:

AB768-ASA1,302,14 139.39 (6) Sections 71.74 (1), (2), (10), (11) and (14), 71.77, 71.80 (12), 71.91 (1) (a) and (c) and (2) to (8) and (7), 71.92 and 73.0301 as they apply to the taxes under ch. 71 apply to the taxes under this subchapter. Section 71.74 (13) as it applies to the collection of the taxes under ch. 71 applies to the collection of the taxes under this subchapter, except that the period during which notice of an additional assessment shall be given begins on the due date of the report under this subchapter.

AB768-ASA1, s. 389 Section 389. 146.40 (3) of the statutes is amended to read:

AB768-ASA1,303,2 146.40 (3) The Except as provided in sub. (4d), the department shall certify instructional and competency evaluation programs for nurse's assistants, for home health aides and for hospice aides that apply for certification and satisfy standards for certification promulgated by rule by the department. The department shall review the curriculum of each certified instructional and competency evaluation program at least once every 36 months following the date of certification to determine whether the program satisfies the standards for certification. The Under this subsection, the department may, after providing notice, suspend or revoke the certification of an instructional and competency evaluation program or impose a plan of correction on the program if the program does not satisfy the standards for certification or operates under conditions that are other than those contained in the application approved by the department.

AB768-ASA1, s. 390 Section 390. 146.40 (3m) of the statutes is amended to read:

AB768-ASA1,303,12 146.40 (3m) The department shall review competency evaluation programs for nurse's assistants, for home health aides and for hospice aides and , except as provided in sub. (4d), may approve those competency evaluation programs that satisfy standards for approval that are specified in rules of the department. The Under this subsection, the department may, after providing notice, suspend or revoke approval of a competency evaluation program or impose a plan of correction if the competency evaluation program fails to satisfy the standards or operates under conditions that are other than those contained in the application approved by the department.

AB768-ASA1, s. 391 Section 391. 146.40 (4d) of the statutes is created to read:

AB768-ASA1,303,18 146.40 (4d) (a) The department shall require each applicant to provide the department with his or her social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing a certification under sub. (3) or an approval under sub. (3m).

AB768-ASA1,303,21 (b) The department may not disclose any information received under par. (a) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768-ASA1,303,24 (c) The department shall deny an application for the issuance of a certification or approval specified in par. (a) if the applicant does not provide the information specified in par. (a).

AB768-ASA1,304,4 (d) The department shall deny an application for the issuance of a certification or approval specified in par. (a) or shall revoke a certification or approval if the department of revenue certifies under s. 73.0301 that the applicant for or holder of a certification or approval is liable for delinquent taxes.

AB768-ASA1,304,6 (e) An action taken under par. (c) or (d) is subject to review only as provided under s. 73.0301 (2) (b) and (5).

AB768-ASA1, s. 392 Section 392. 146.40 (4m) of the statutes is amended to read:

AB768-ASA1,304,23 146.40 (4m) An instructional and competency evaluation program under sub. (3) for which the department has suspended or revoked certification or imposed a plan of correction or a competency evaluation program under sub. (3m) for which the department has suspended or revoked approval or imposed a plan of correction may contest the department's action by sending, within 10 days after receipt of notice of the contested action, a written request for hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days after receipt of the request for hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227. In any petition for judicial review of a decision by the division, the party, other than the petitioner, who was in the proceeding before the division shall be the named respondent. This subsection does not apply to a revocation of certification under sub. (4d) (d).

AB768-ASA1, s. 393 Section 393. 146.40 (4r) (am) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,305,4 146.40 (4r) (am) 1. Except as provided in subd. 2., an entity shall report to the department any allegation of misappropriation of the property of a client or of neglect or abuse of a client by any person employed by or under contract with the entity if the person is under the control of the entity.

AB768-ASA1,305,9 2. An entity shall report to the department of regulation and licensing any allegation of misappropriation of the property of a client or of neglect or abuse of a client by any person employed by or under contract with the entity if that person holds a credential that is related to the person's employment at, or contract with, the entity if the person is under the control of the entity.