Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2,311,2 118.30 (6) A school board and, an operator of a charter school under s. 118.40 (2r), and the governing body of a private school participating in the program under s. 119.23 is not required to administer the 4th and 8th grade examinations adopted or approved by the state superintendent under sub. (1) if the school board or, the operator of the charter school, or the governing body of the private school administers its own 4th and 8th grade examinations, the school board or , operator of the charter school, or governing body of the private school provides the state superintendent with statistical correlations of those examinations with the examinations adopted or approved by the state superintendent under sub. (1), and the federal department of education approves.".

AB1-SSA1-SA2,311,4 369. Page 160, line 19: delete "of the statutes is" and substitute "1. and 2. of the statutes are".

AB1-SSA1-SA2,311,5 370. Page 161, line 7: after that line insert:

AB1-SSA1-SA2,311,6 " Section 284d. 118.33 (1) (f) 2m. of the statutes is created to read:

AB1-SSA1-SA2,311,12 118.33 (1) (f) 2m. By September 1, 2004, the governing body of each private school participating in the program under s. 119.23 shall develop a policy specifying criteria for granting a high school diploma to pupils attending the private school under s. 119.23. The criteria shall include the pupil's score on the examination administered under s. 118.30 (1s) (d), the pupil's academic performance, and the recommendations of teachers.".

AB1-SSA1-SA2,311,13 371. Page 161, line 8: delete lines 8 to 11 and substitute:

AB1-SSA1-SA2,311,14 " Section 284e. 118.33 (1) (f) 3. of the statutes is amended to read:

AB1-SSA1-SA2,311,22 118.33 (1) (f) 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. Beginning on September 1, 2005, the governing body of a private school participating in the program under s. 119.23 may not grant a high school diploma to any pupil attending the private school under s. 119.23 unless the pupil has satisfied the criteria specified in the governing body's policy under subd. 2m.

AB1-SSA1-SA2, s. 284f Section 284f. 118.33 (6) (c) of the statutes is created to read:

AB1-SSA1-SA2,312,9 118.33 (6) (c) 1. The governing body of each private school participating in the program under s. 119.23 shall adopt a written policy specifying the criteria for promoting a pupil who is attending the private school under s. 119.23 from the 4th grade to the 5th grade and from the 8th grade to the 9th grade. The criteria shall include the pupil's score on the examination administered under s. 118.30 (1s) (a) or (am), unless the pupil has been excused from taking the examination under s. 118.30 (2) (b); the pupil's academic performance; the recommendations of teachers, which shall be based solely on the pupil's academic performance; and any other academic criteria specified by the governing body of the private school.

AB1-SSA1-SA2,312,15 2. Beginning on September 1, 2003, the governing body of a private school participating in the program under s. 119.23 may not promote a 4th grade pupil who is attending the private school under s. 119.23 to the 5th grade, and may not promote an 8th grade pupil who is attending the private school under s. 119.23 to the 9th grade, unless the pupil satisfies the criteria for promotion specified in the governing body's policy under subd. 1.

AB1-SSA1-SA2, s. 284g Section 284g. 118.40 (4) (a) 3. and 4. of the statutes are created to read:

AB1-SSA1-SA2,312,20 118.40 (4) (a) 3. Permit public inspection and copying of any record, as defined in s. 19.32 (2), of the charter school to the same extent as is required of, and subject to the same terms and enforcement provisions that apply to, an authority under subch. II of ch. 19.

AB1-SSA1-SA2,312,23 4. Provide public access to meetings of the governing body of the charter school to the same extent as is required of, and subject to the same terms and enforcement provisions that apply to, a governmental body under subch. V of ch. 19.

AB1-SSA1-SA2, s. 284h Section 284h. 118.40 (4) (b) (intro.) and 1. of the statutes are consolidated, renumbered 118.40 (4) (b) and amended to read:

AB1-SSA1-SA2,313,2 118.40 (4) (b) Restrictions. A charter school may not do any of the following: 1. Charge charge tuition.

AB1-SSA1-SA2, s. 284i Section 284i. 118.40 (4) (b) 2. of the statutes is repealed.

AB1-SSA1-SA2, s. 284k Section 284k. 119.23 (2) (a) 6. and 7. of the statutes are created to read:

AB1-SSA1-SA2,313,8 119.23 (2) (a) 6. The governing body of the private school permits public inspection and copying of any record, as defined in s. 19.32 (2), of the private school to the same extent as is required of, and subject to the same terms and enforcement provisions that apply to, an authority under subch. II of ch. 19.

AB1-SSA1-SA2,313,11 7. The governing body of the private school provides public access to its meetings to the same extent as is required of, and subject to the same terms and enforcement provisions that apply to, a governmental body under subch. V of ch. 19.

AB1-SSA1-SA2, s. 284L Section 284L. 119.23 (10) of the statutes is created to read:

AB1-SSA1-SA2,313,15 119.23 (10) Each private school participating in the program under this section shall administer to the pupils attending the 3rd grade in the private school under this section a standardized reading test developed by the department.".

AB1-SSA1-SA2,313,16 372. Page 161, line 11: after that line insert:

AB1-SSA1-SA2,313,17 " Section 284d. 120.18 (1) (i) of the statutes is amended to read:

AB1-SSA1-SA2,313,21 120.18 (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).".

AB1-SSA1-SA2,313,22 373. Page 161, line 11: after that line insert:

AB1-SSA1-SA2,313,24 " Section 284g. 119.23 (4) (b) 2. of the statutes is repealed and recreated to read:

AB1-SSA1-SA2,314,5 119.23 (4) (b) 2. In the 2002-03 school year, $2,000 for a pupil enrolled in the elementary grades and $3,000 for a pupil enrolled in the high school grades; and in the 2003-04 school year and in each school year thereafter, $1,000 for a pupil enrolled in the elementary grades and $1,500 for a pupil enrolled in the high school grades.

AB1-SSA1-SA2, s. 284k Section 284k. 119.23 (4p) of the statutes is created to read:

AB1-SSA1-SA2,314,9 119.23 (4p) If the appropriation under s. 20.255 (2) (fu) in any fiscal year is insufficient to pay the full amount under subs. (4) and (4m), the state superintendent shall prorate the payments.".

AB1-SSA1-SA2,314,10 374. Page 161, line 11: after that line insert:

AB1-SSA1-SA2,314,11 " Section 284fc. 120.13 (2) (g) of the statutes is amended to read:

AB1-SSA1-SA2,314,15 120.13 (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), 632.89, 632.895 (9) to (14) (15), 632.896 , and 767.25 (4m) (d).".

AB1-SSA1-SA2,314,16 375. Page 161, line 11: after that line insert:

AB1-SSA1-SA2,314,17 " Section 284k. 118.51 (10) of the statutes is amended to read:

AB1-SSA1-SA2,315,2 118.51 (10) Pupil assignment. A nonresident school board may assign pupils accepted to attend public school in the school district under this section to a school or program within the school district, except that until July 1, 2004, a nonresident school board may not assign a pupil to a school or program in which the pupil will receive less than 50% of his or her instruction from a licensed teacher who is present in the same room as the pupil. The school board may give preference in attendance at a school, program, class or grade to residents of the school district who live outside the school's attendance area.".

AB1-SSA1-SA2,315,3 376. Page 161, line 11: after that line insert:

AB1-SSA1-SA2,315,4 " Section 284j. 119.85 of the statutes is created to read:

AB1-SSA1-SA2,315,6 119.85 Enhanced capacity and quality aid. Annually the state shall pay to the board the amount appropriated under s. 20.255 (2) (ec).".

AB1-SSA1-SA2,315,7 377. Page 161, line 11: after that line insert:

AB1-SSA1-SA2,315,8 " Section 284c. 119.32 (3) of the statutes is amended to read:

AB1-SSA1-SA2,315,13 119.32 (3) Subject to confirmation by the board, the superintendent of schools shall appoint the deputy superintendent of schools, associate superintendent of schools, executive assistant to the superintendent of schools, assistant to the superintendent of schools, assistant superintendent, division director, department director and other supervisory or administrative employees designated by the board.

AB1-SSA1-SA2, s. 284h Section 284h. 119.42 (1) of the statutes is amended to read:

AB1-SSA1-SA2,315,19 119.42 (1) In this section, "teacher" has the meaning given under s. 40.02 (55), but excludes the superintendent of schools, deputy superintendent of schools, associate superintendent of schools, executive assistant to the superintendent of schools, assistant to the superintendent of schools, assistant superintendent, division director and department director.".

AB1-SSA1-SA2,315,20 378. Page 163, line 7: after that line insert:

AB1-SSA1-SA2,315,22 " Section 287d. 121.15 (3m) (a) 2. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,316,3 121.15 (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.".

AB1-SSA1-SA2,316,4 379. Page 166, line 24: after that line insert:

AB1-SSA1-SA2,316,5 " Section 300m. 134.17 (4) of the statutes is amended to read:

AB1-SSA1-SA2,316,7 134.17 (4) For each recording, the register of deeds shall receive the fee specified for filing recording under s. 59.43 (2) (ag).".

AB1-SSA1-SA2,316,8 380. Page 167, line 16: after that line insert:

AB1-SSA1-SA2,316,9 " Section 303g. 134.74 of the statutes is created to read:

AB1-SSA1-SA2,316,10 134.74 Nondisclosure of information on receipts. (1) In this section:

AB1-SSA1-SA2,316,11 (a) "Credit card" has the meaning given in s. 421.301 (15).

AB1-SSA1-SA2,316,14 (b) "Debit card" means a plastic card or similar device that may be used to purchase goods or services by providing the purchaser with direct access to the purchaser's account at a depository institution.

AB1-SSA1-SA2,316,16 (c) "Depository institution" means a bank, savings bank, savings and loan association, or credit union.

AB1-SSA1-SA2,316,22 (2) Beginning on the first day of the 37th month beginning after the effective date of this subsection .... [revisor inserts date], no person who is in the business of selling goods at retail or selling services and who accepts a credit card or a debit card for the purchase of goods or services may issue a credit card or debit card receipt, for that purchase, on which is printed more than 5 digits of the credit card or debit card number.

AB1-SSA1-SA2,317,3 (3) This section does not apply to any person who issues a credit card or debit card receipt that is handwritten or that is manually prepared by making an imprint of the credit card or debit card.".

AB1-SSA1-SA2,317,4 381. Page 167, line 16: after that line insert:

AB1-SSA1-SA2,317,5 " Section 303b. 134.65 (1) of the statutes is amended to read:

AB1-SSA1-SA2,317,13 134.65 (1) No person, except a person who holds a valid permit under s. 139.345 or 139.795 and whose business premises is not physically located in this state, shall in any manner, or upon any pretense, or by any device, directly or indirectly sell, expose for sale, possess with intent to sell, exchange, barter, dispose of or give away any cigarettes or tobacco products to any person not holding a license as herein provided or a permit under ss. 139.30 to 139.41 or 139.79 without first obtaining a license from the clerk of the city, village or town wherein such privilege is sought to be exercised.

AB1-SSA1-SA2, s. 303c Section 303c. 134.65 (1r) of the statutes is created to read:

AB1-SSA1-SA2,317,16 134.65 (1r) (a) No license under sub. (1) may be issued to any person to whom any of the following applies:

AB1-SSA1-SA2,317,18 1. Subject to ss. 111.321, 111.322, and 111.335, the person has an arrest record or a conviction record.

AB1-SSA1-SA2,317,20 2. Subject to ss. 111.321, 111.322, and 111.335, the person has been convicted of a felony, or as a repeat or habitual offender, unless pardoned.

AB1-SSA1-SA2,317,21 3. The person has not submitted proof as provided under s. 77.61 (11).

AB1-SSA1-SA2,318,3 (b) The requirements under par. (a) apply to all partners of a partnership, all members of limited liability company, all agents of a limited liability company or corporation, and all officers of a corporation. Subject to ss. 111.321, 111.322, and 111.335, if a business entity has been convicted of a crime, the entity may not be issued a license under sub. (1) unless the entity has terminated its relationship with the individuals whose actions directly contributed to the conviction.

AB1-SSA1-SA2, s. 303d Section 303d. 134.65 (2) (a) of the statutes is amended to read:

AB1-SSA1-SA2,318,10 134.65 (2) (a) Except Subject to sub. (1r), and except as provided in par. (b), upon filing of a proper written application a license shall be issued on July 1 of each year or when applied for and continue in force until the following June 30 unless sooner revoked. The city, village or town may charge a fee for the license of not less than $5 nor more than $100 per year which shall be paid to the city, village or town treasurer before the license is issued.

AB1-SSA1-SA2, s. 303e Section 303e. 134.65 (5) of the statutes is amended to read:

AB1-SSA1-SA2,318,23 134.65 (5) Any person violating this section shall be fined not more than $100 $1,000 nor less than $25 $500 for the first offense and shall be fined not more than $200 $5,000 nor less than $25 $1,000 or imprisoned not exceeding 180 days or both for the 2nd or subsequent offense. If upon such 2nd or subsequent violation, the person so violating this section was personally guilty of a failure to exercise due care to prevent violation thereof, the person shall be fined not more than $300 nor less than $25 or imprisoned not exceeding 60 days or both. Conviction on a 2nd or subsequent offense shall immediately terminate the license of the person convicted of being personally guilty of such failure to exercise due care and the person shall not be entitled to another license hereunder for a period of 5 years thereafter, nor shall the person in that period act as the servant or agent of a person licensed hereunder for the performance of the acts authorized by such license.

AB1-SSA1-SA2, s. 303f Section 303f. 134.66 (1) (am) of the statutes is created to read:

AB1-SSA1-SA2,318,25 134.66 (1) (am) "Direct marketer" has the meaning given in s. 139.30 (2n).

AB1-SSA1-SA2, s. 303g Section 303g. 134.66 (2) (a) of the statutes is amended to read:

AB1-SSA1-SA2,319,10 134.66 (2) (a) No retailer, direct marketer, manufacturer, distributor, jobber or subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may sell or provide for nominal or no consideration cigarettes or tobacco products to any person under the age of 18, except as provided in s. 254.92 (2) (a). A vending machine operator is not liable under this paragraph for the purchase of cigarettes or tobacco products from his or her vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase.

AB1-SSA1-SA2, s. 303h Section 303h. 134.66 (2) (am) of the statutes is amended to read:

AB1-SSA1-SA2,319,19 134.66 (2) (am) No retailer, direct marketer, manufacturer, distributor, jobber, subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may provide for nominal or no consideration cigarettes or tobacco products to any person except in a place where no person younger than 18 years of age is present or permitted to enter unless the person who is younger than 18 years of age is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years.

AB1-SSA1-SA2, s. 303i Section 303i. 134.66 (2) (d) of the statutes is amended to read:

AB1-SSA1-SA2,319,23 134.66 (2) (d) No manufacturer, direct marketer, distributor, jobber, subjobber or retailer, or their employees or agents, may provide cigarettes or tobacco products for nominal or no consideration to any person under the age of 18.

AB1-SSA1-SA2, s. 303j Section 303j. 134.66 (2) (e) of the statutes is amended to read:

AB1-SSA1-SA2,320,2 134.66 (2) (e) No retailer or direct marketer may sell cigarettes in a form other than as a package or container on which a stamp is affixed under s. 139.32 (1).

AB1-SSA1-SA2, s. 303k Section 303k. 134.66 (3m) of the statutes is created to read:

AB1-SSA1-SA2,320,6 134.66 (3m) Defense of direct marketer. Proof of any of the following facts by a direct marketer who sells cigarettes or tobacco products to a person under the age of 18 is a defense to any prosecution for a violation under sub. (2) (a):

AB1-SSA1-SA2,320,8 (a) That the direct marketer used a mechanism, approved by the department of revenue, for verifying the age of the purchaser.

AB1-SSA1-SA2,320,10 (b) That the purchaser falsely represented that he or she had attained the age of 18 and presented a copy or facsimile of a government issued identification.

AB1-SSA1-SA2,320,12 (c) That the name and birthdate of the purchaser, as indicated by the purchaser, matched the name and birthdate on the identification presented under par. (b).

AB1-SSA1-SA2,320,15 (d) That the sale was made in good faith, in reasonable reliance on the mechanism described in par. (a) and the representation and identification under pars. (b) and (c), and in the belief that the purchaser had attained the age of 18.

AB1-SSA1-SA2, s. 315bb Section 315bb. 139.30 (1m) of the statutes is created to read:

AB1-SSA1-SA2,320,19 139.30 (1m) "Consumer" means any individual who receives cigarettes for his or her personal use or consumption or any individual who has title to or possession of cigarettes for any purpose other than for sale or resale.