SB44-SSA1,803,3
1121.91 (2m) (f) Except as provided in subs. (3) and (4), no school district may
2increase its revenues for the 2003-04 school year to an amount that exceeds the
3amount calculated as follows:
SB44-SSA1,803,74 1. Divide the sum of the amount of state aid received in the previous school year
5and property taxes levied for the previous school year, excluding property taxes
6levied for the purpose of s. 120.13 (19) and excluding funds described under sub. (4)
7(c), by the average of the number of pupils enrolled in the 3 previous school years.
SB44-SSA1,803,88 2. Add $120 to the result under subd. 1.
SB44-SSA1,803,109 3. Multiply the result under subd. 2. by the average of the number of pupils
10enrolled in the current and the 2 preceding school years.
SB44-SSA1, s. 2043s 11Section 2043s. 121.91 (2m) (g) of the statutes is created to read:
SB44-SSA1,803,1412 121.91 (2m) (g) Except as provided in subs. (3) and (4), no school district may
13increase its revenues for the 2004-05 school year or for any school year thereafter
14to an amount that exceeds the amount calculated as follows:
SB44-SSA1,803,1815 1. Divide the sum of the amount of state aid received in the previous school year
16and property taxes levied for the previous school year, excluding property taxes
17levied for the purpose of s. 120.13 (19) and excluding funds described under sub. (4)
18(c), by the average of the number of pupils enrolled in the 3 previous school years.
SB44-SSA1,803,1919 2. Add $100 to the result under subd. 1.
SB44-SSA1,803,2120 3. Multiply the result under subd. 2. by the average of the number of pupils
21enrolled in the current and the 2 preceding school years.
SB44-SSA1, s. 2043u 22Section 2043u. 121.91 (2m) (r) 1. (intro.) of the statutes is amended to read:
SB44-SSA1,804,223 121.91 (2m) (r) 1. (intro.) Notwithstanding pars. (c), (d) and (e) to (g), if a school
24district is created under s. 117.105, its revenue limit under this section for the school

1year beginning with the effective date of the reorganization shall be determined as
2follows except as provided under subs. (3) and (4):
SB44-SSA1, s. 2043w 3Section 2043w. 121.91 (2m) (r) 2. (intro.) of the statutes is amended to read:
SB44-SSA1,804,74 121.91 (2m) (r) 2. (intro.) If a school district is created under s. 117.105, the
5following adjustments to the calculations under pars. (c), (d) and (e) to (g) apply for
6the 2 school years beginning on the July 1 following the effective date of the
7reorganization:
SB44-SSA1, s. 2043y 8Section 2043y. 121.91 (4) (f) of the statutes is amended to read:
SB44-SSA1,804,149 121.91 (4) (f) 1. For the 1999-2000 school year or any school year thereafter,
10if the average of the number of pupils enrolled in the current and the 2 preceding
11school years is less than the average of the number of pupils enrolled in the 3 previous
12school years, the limit otherwise applicable under sub. (2m) (e) (f) or (g) is increased
13by the additional amount that would have been calculated had the decline in average
14enrollment been 25% of what it was.
SB44-SSA1,804,1715 2. Any additional revenue received by a school district as a result of subd. 1.
16shall not be included in the base for determining the school district's limit under sub.
17(2m) (e) (f) or (g) for the following school year.
SB44-SSA1, s. 2043z 18Section 2043z. 125.14 (1) of the statutes is amended to read:
SB44-SSA1,804,2219 125.14 (1) Arrest. Any Subject to s. 175.38, any peace officer may arrest
20without warrant any person committing in his or her presence a violation of this
21chapter or ch. 139 and may, without a search warrant, seize any personal property
22used in connection with the violation.
SB44-SSA1, s. 2044 23Section 2044. 125.14 (2) (e) of the statutes is amended to read:
SB44-SSA1,805,1224 125.14 (2) (e) Disposal. The department shall dispose of the alcohol beverages
25turned over to it by the court by either giving it to law enforcement agencies free of

1charge for use in criminal investigations, giving it to state-operated veterans'
2hospitals in amounts needed for medicinal purposes, selling it to the highest bidder
3if the bidder is a person holding a license or permit issued under this chapter, or
4destroying it, at the discretion of the department. If the department elects to sell the
5alcohol beverages, it shall publish a class 2 notice under ch. 985 asking for sealed bids
6from qualified bidders. Any items or groups of items in the inventory subject to a
7security interest, the existence of which was established in the proceedings for
8conviction as being bona fide and as having been created without the secured party
9having notice that the items were being used or were to be used in connection with
10the violation, shall be sold separately. The net proceeds from the sale, less all costs
11of seizure, storage, and sale, shall be turned over to the state treasurer secretary of
12administration
and credited to the common school fund.
SB44-SSA1, s. 2045 13Section 2045. 125.14 (2) (f) of the statutes is amended to read:
SB44-SSA1,806,314 125.14 (2) (f) Sale. Any personal property, other than alcohol beverages, seized
15under par. (a) and fit for sale, shall be turned over by the department to the
16department of administration for disposal at public auction to the highest bidder, at
17a time and place stated in a notice of sale which describes the property to be sold.
18The sale shall be held in a conveniently accessible place in the county where the
19property was confiscated. A copy of the notice shall be published as a class 2 notice
20under ch. 985. The last insertion shall be at least 10 days before the sale. The
21department of revenue shall serve a copy of the notice of sale at least 2 weeks before
22the date thereof on all persons who are or may be owners or holders of security
23interests in the property. Any confiscated property worth more than $100 shall be
24sold separately, and the balance of the confiscated property shall be sold in bulk or
25separately at the discretion of the department of administration. The net proceeds

1from the sale, less all costs of seizure, storage, and sale, shall be turned over to the
2state treasurer secretary of administration. No motor vehicle or motorboat
3confiscated under this section may be sold within 30 days after the date of seizure.
SB44-SSA1, s. 2048 4Section 2048. 134.80 of the statutes is amended to read:
SB44-SSA1,806,9 5134.80 Home heating fuel dealers. Any dealer selling fuel of any kind for
6the purpose of heating a private residence shall notify each private residential
7customer whose account is subject to disconnection of the existence of the fuel
8assistance programs provided by the department of administration under s. 16.385
916.27.
SB44-SSA1, s. 2052 10Section 2052. 138.052 (5) (am) 2. a. of the statutes is amended to read:
SB44-SSA1,806,1811 138.052 (5) (am) 2. a. On January 1, 1994, and annually thereafter Annually,
12the division of banking for banks, the division of savings institutions for savings and
13loan associations, and savings banks, and the office of credit unions for credit unions,
14shall determine the interest rate that is the average of the interest rates paid,
15rounded to the nearest one-hundredth of a percent, on regular passbook deposit
16accounts by institutions under the division's or office's jurisdiction at the close of the
17last quarterly reporting period that ended at least 30 days before the determination
18is made.
SB44-SSA1, s. 2053 19Section 2053. 138.052 (5) (am) 2. b. of the statutes is amended to read:
SB44-SSA1,807,220 138.052 (5) (am) 2. b. The office of credit unions and the division of banking
21shall report the rate calculated to the division of savings institutions within
Within
225 days after the date on which the determination is made. The, the division of savings
23institutions
banking shall calculate the average, rounded to the nearest
24one-hundredth of a percent, of the 3 rates determined by the division of banking and

1the office of credit unions
and report that interest rate to the revisor of statutes
2within 5 days after the date on which the determination is made.
SB44-SSA1, s. 2054 3Section 2054. 138.055 (4) (a) of the statutes is repealed.
SB44-SSA1, s. 2055 4Section 2055. 138.056 (1) (a) 4. a. of the statutes is repealed.
SB44-SSA1, s. 2056 5Section 2056. 139.10 (title) of the statutes is amended to read:
SB44-SSA1,807,6 6139.10 (title) Refunds by state treasurer secretary of administration.
SB44-SSA1, s. 2057 7Section 2057. 139.10 (1) of the statutes is amended to read:
SB44-SSA1,807,138 139.10 (1) On the certificate of the secretary, the state treasurer secretary of
9administration
shall refund to any purchaser or any banking institution in
10Wisconsin the tax paid on intoxicating liquor or on whole cases or full kegs of
11fermented malt beverages which are spoiled or unfit to drink and the tax paid on
12fermented malt beverages sold to the U.S. armed forces or the secretary may make
13allowance of the amount of the tax.
SB44-SSA1, s. 2057m 14Section 2057m. 139.323 (intro.) of the statutes is amended to read:
SB44-SSA1,807,19 15139.323 Refunds to Indian tribes. (intro.) The department shall refund 70%
1630% of the taxes collected under s. 139.31 (1) in respect to sales on reservations or
17trust lands of an Indian tribe to the tribal council of the tribe having jurisdiction over
18the reservation or trust land on which the sale is made if all the following conditions
19are fulfilled:
SB44-SSA1, s. 2057v 20Section 2057v. 139.362 of the statutes is created to read:
SB44-SSA1,808,2 21139.362 Bad debt deductions. (1) In this section, "bad debt" means an
22amount that is equal to the purchase price of cigarettes, if such amount may be
23claimed as a deduction under section 166 of the Internal Revenue Code. "Bad debt"
24does not include financing charges, interest on the wholesale price of cigarettes,
25uncollectible amounts on property that remains in the seller's possession until the

1full purchase price is paid, expenses incurred in attempting to collect any debt, debts
2sold or assigned to 3rd parties for collection, and repossessed property.
SB44-SSA1,808,16 3(2) A person who pays the taxes imposed under this subchapter may claim as
4a deduction on a return under s. 139.38, and against the purchase of stamps under
5s. 139.32, the amount of any such taxes that are attributable to bad debt that the
6person writes off as uncollectible in the person's books and records and that is eligible
7to be deducted as bad debt for federal income tax purposes, regardless of whether the
8person is required to file a federal income tax return. A person who claims a
9deduction under this section shall claim the deduction on the return under s. 139.38
10that is submitted for the period in which the person writes off the amount of the bad
11debt as uncollectible in the person's books and records and in which such amount is
12eligible to be deducted as bad debt for federal income tax purposes. If the person
13subsequently collects in whole or in part any bad debt for which a deduction is
14claimed under this section, the person shall submit to the department the portion of
15the deduction related to the amount collected, in the manner prescribed by the
16department and for the period in which the amount is collected.
SB44-SSA1,808,19 17(3) A person who claims a deduction under this section shall submit the claim
18on a form prescribed by the department and shall submit with the form all of the
19following:
SB44-SSA1,808,2120 (a) A copy of the original invoice for the sale of cigarettes that represents bad
21debt.
SB44-SSA1,808,2322 (b) Evidence that the cigarettes described in the invoice under par. (a) were
23delivered to the person who ordered them.
SB44-SSA1,808,2524 (c) Evidence that the person who ordered and received the cigarettes did not
25pay the person who claims a deduction under this section for the cigarettes.
SB44-SSA1,809,3
1(d) Evidence that the person who claims a deduction under this section used
2reasonable collection practices in attempting to collect the amount owed under par.
3(c).
SB44-SSA1, s. 2058 4Section 2058. 139.39 (4) of the statutes is amended to read:
SB44-SSA1,809,135 139.39 (4) No suit shall be maintained in any court to restrain or delay the
6collection or payment of the tax levied in s. 139.31. The aggrieved taxpayer shall pay
7the tax when due and, if paid under protest, may at any time within 90 days from the
8date of payment, sue the state to recover the tax paid. If it is finally determined that
9any part of the tax was wrongfully collected, the department secretary of
10administration shall issue a warrant on the state treasurer for pay the amount
11wrongfully collected, and the treasurer shall pay the same out of the general fund.
12A separate suit need not be filed for each separate payment made by any taxpayer,
13but a recovery may be had in one suit for as many payments as may have been made.
SB44-SSA1, s. 2058f 14Section 2058f. 139.801 of the statutes is created to read:
SB44-SSA1,809,21 15139.801 Bad debt deductions. (1) In this section, "bad debt" means an
16amount that is equal to the purchase price of tobacco products, if such amount may
17be claimed as a deduction under section 166 of the Internal Revenue Code. "Bad
18debt" does not include financing charges, interest on the wholesale price of tobacco
19products, uncollectible amounts on property that remains in the seller's possession
20until the full purchase price is paid, expenses incurred in attempting to collect any
21debt, debts sold or assigned to 3rd parties for collection, and repossessed property.
SB44-SSA1,810,9 22(2) A distributor who pays the taxes imposed under s. 139.76 may claim as a
23deduction on a return under s. 139.77 the amount of any such taxes that are
24attributable to bad debt that the distributor writes off as uncollectible in the
25distributor's books and records and that is eligible to be deducted as bad debt for

1federal income tax purposes, regardless of whether the distributor is required to file
2a federal income tax return. A distributor who claims a deduction under this section
3shall claim the deduction on the return under s. 139.77 that is submitted for the
4period in which the distributor writes off the amount of the deduction as uncollectible
5in the distributor's books and records and in which such amount is eligible to be
6deducted as bad debt for federal income tax purposes. If the distributor subsequently
7collects in whole or in part any bad debt for which a deduction is claimed under this
8section, the distributor shall include the amount collected in the return filed for the
9period in which the amount is collected and shall pay the tax with the return.
SB44-SSA1,810,11 10(3) A distributor who claims a deduction under this section shall submit with
11the return under sub. (2) all of the following:
SB44-SSA1,810,1312 (a) A copy of the original invoice for the sale of tobacco products that represents
13bad debt.
SB44-SSA1,810,1514 (b) Evidence that the tobacco products described in the invoice under par. (a)
15were delivered to the person who ordered them.
SB44-SSA1,810,1716 (c) Evidence that the person who ordered and received the cigarettes did not
17pay the distributor for the tobacco products.
SB44-SSA1,810,1918 (d) Evidence that the distributor used reasonable collection practices in
19attempting to collect the amount owed under par. (c).
SB44-SSA1, s. 2059 20Section 2059. 146.185 (1) (i) of the statutes is amended to read:
SB44-SSA1,810,2121 146.185 (1) (i) "State agency" has the meaning given in s. 16.70 (1) (1e).
SB44-SSA1, s. 2059g 22Section 2059g. 146.185 (3) of the statutes is amended to read:
SB44-SSA1,811,623 146.185 (3) From the appropriation under s. 20.435 (5) (kb), the department
24shall annually award up to $200,000 in grants for activities to improve the health
25status of economically disadvantaged minority group members. A person may apply,

1in the manner specified by the department, for a grant of up to $50,000 in each fiscal
2year to conduct these activities. An awardee of a grant under this subsection shall
3provide, for at least 50% of the grant amount, matching funds that may consist of
4funding or an in-kind contribution. An applicant that is not a federally qualified
5health center, as defined under 42 CFR 405.2401 (b) shall receive priority for grants
6awarded under this subsection.
SB44-SSA1, s. 2060 7Section 2060. 146.59 (3) (b) of the statutes is amended to read:
SB44-SSA1,811,128 146.59 (3) (b) Any authorization under par. (a) shall comply with all applicable
9provisions of subch. V of ch. 111 and ch. 230, any delegation of authority by the
10department of employment relations office of state human resources management
11to the board, and any collective bargaining agreement with respect to employees of
12the board.
SB44-SSA1, s. 2061 13Section 2061. 146.65 (1) (a) and (b) of the statutes are amended to read:
SB44-SSA1,811,1814 146.65 (1) (a) In state fiscal year 2001-02, not more than $618,000 and in fiscal
15year 2002-03
each fiscal year, not more than $232,000, to the rural health dental
16clinic located in Ladysmith that provides dental services to persons who are
17developmentally disabled or elderly or who have low income, in the counties of Rusk,
18Price, Taylor, Sawyer, and Chippewa.
SB44-SSA1,811,2319 (b) In fiscal year 2001-02, not more than $294,500 and in state fiscal year
202002-03
each fiscal year, not more than $355,600, to the rural health dental clinic
21located in Menomonie that provides dental services to persons who are
22developmentally disabled or elderly or who have low income, in the counties of
23Barron, Chippewa, Dunn, Pepin, Pierce, Polk, and St. Croix.
SB44-SSA1, s. 2061s 24Section 2061s. 146.885 of the statutes is repealed.
SB44-SSA1, s. 2062 25Section 2062. 146.93 of the statutes is repealed.
SB44-SSA1, s. 2064
1Section 2064. 146.997 (4) (a) of the statutes is amended to read:
SB44-SSA1,812,72 146.997 (4) (a) Subject to par. (b), any Any employee of a health care facility
3or health care provider who is subjected to disciplinary action, or who is threatened
4with disciplinary action, in violation of sub. (3) may file a complaint with the
5department under s. 106.54 (6). If the department finds that a violation of sub. (3)
6has been committed, the department may take such action under s. 111.39 as will
7effectuate the purpose of this section.
SB44-SSA1, s. 2065 8Section 2065. 146.997 (4) (b) of the statutes is repealed.
SB44-SSA1, s. 2066 9Section 2066. 146.997 (4) (c) of the statutes is amended to read:
SB44-SSA1,812,1110 146.997 (4) (c) Section 111.322 (2m) applies to a disciplinary action arising in
11connection with any proceeding under par. (a) or (b).
SB44-SSA1, s. 2067 12Section 2067. 149.10 (8b) of the statutes is repealed.
SB44-SSA1, s. 2068 13Section 2068. 149.14 (5) (e) of the statutes is amended to read:
SB44-SSA1,812,2314 149.14 (5) (e) Subject to sub. (8) (b), the department may, by rule under s. 149.17
15(4), establish for prescription drug coverage under sub. (3) (d) copayment amounts,
16coinsurance rates, and copayment and coinsurance out-of-pocket limits over which
17the plan will pay 100% of covered costs under sub. (3) (d). The department may
18provide subsidies for prescription drug copayment amounts paid by eligible persons
19under s. 149.165 (2) (a) 1. to 5.
Any copayment amount, coinsurance rate, or
20out-of-pocket limit established under this paragraph is subject to the approval of the
21board. Copayments and coinsurance paid by an eligible person under this paragraph
22are separate from and do not count toward the deductible and covered costs not paid
23by the plan under pars. (a) to (c).
SB44-SSA1, s. 2069 24Section 2069. 149.143 (1) (a) of the statutes is repealed.
SB44-SSA1, s. 2070 25Section 2070. 149.143 (1) (b) (intro.) of the statutes is repealed.
SB44-SSA1, s. 2071
1Section 2071. 149.143 (1) (b) 1. of the statutes is renumbered 149.143 (1) (am),
2and 149.143 (1) (am) 1., 2., 3. and 4., as renumbered, are amended to read:
SB44-SSA1,813,113 149.143 (1) (am) 1. First, from premiums from eligible persons with coverage
4under s. 149.14 (2) (a) set at a rate that is 140% to 150% of the rate that a standard
5risk would be charged under an individual policy providing substantially the same
6coverage and deductibles as are provided under the plan and from eligible persons
7with coverage under s. 149.14 (2) (b) set in accordance with s. 149.14 (5m), including
8amounts received for premium and, deductible, and prescription drug copayment
9subsidies under s. 149.144 and under the transfer to the fund from the appropriation
10account under s. 20.435 (4) (ah)
, and from premiums collected from eligible persons
11with coverage under s. 149.146 set in accordance with s. 149.146 (2) (b).
SB44-SSA1,813,1312 2. Second, from moneys specified under sub. (2m), to the extent that the
13amounts under subd. 1. a. are insufficient to pay 60% of plan costs.
SB44-SSA1,813,2414 3. Third, by increasing premiums from eligible persons with coverage under s.
15149.14 (2) (a) to more than the rate at which premiums were set under subd. 1. a.
16but not more than 200% of the rate that a standard risk would be charged under an
17individual policy providing substantially the same coverage and deductibles as are
18provided under the plan and from eligible persons with coverage under s. 149.14 (2)
19(b) by a comparable amount in accordance with s. 149.14 (5m), including amounts
20received for premium and, deductible , and prescription drug copayment subsidies
21under s. 149.144 and under the transfer to the fund from the appropriation account
22under s. 20.435 (4) (ah)
, and by increasing premiums from eligible persons with
23coverage under s. 149.146 in accordance with s. 149.146 (2) (b), to the extent that the
24amounts under subd. 1. a. subds. 1. and b. 2. are insufficient to pay 60% of plan costs.
SB44-SSA1,814,5
14. Fourth, notwithstanding subd. 2. par. (bm), by increasing insurer
2assessments, excluding assessments under s. 149.144, and adjusting provider
3payment rates, subject to s. 149.142 (1) (b) and excluding adjustments to those rates
4under s. 149.144, in equal proportions and to the extent that the amounts under
5subd. 1. a. to c. subds. 1. to 3. are insufficient to pay 60% of plan costs.
SB44-SSA1, s. 2072 6Section 2072. 149.143 (1) (b) 2. of the statutes is renumbered 149.143 (1) (bm).
SB44-SSA1, s. 2073 7Section 2073. 149.143 (2) (a) (intro.) of the statutes is amended to read:
SB44-SSA1,814,128 149.143 (2) (a) (intro.) Prior to each plan year, the department shall estimate
9the operating and administrative costs of the plan and the costs of the premium
10reductions under s. 149.165 and, the deductible reductions under s. 149.14 (5) (a),
11and any prescription drug copayment reductions under s. 149.14 (5) (e)
for the new
12plan year and do all of the following:
SB44-SSA1, s. 2074 13Section 2074. 149.143 (2) (a) 1. a. of the statutes is amended to read:
SB44-SSA1,814,2214 149.143 (2) (a) 1. a. Estimate the amount of enrollee premiums that would be
15received in the new plan year if the enrollee premiums were set at a level sufficient,
16when including amounts received for premium and, deductible, and prescription
17drug copayment
subsidies under s. 149.144 and under the transfer to the fund from
18the appropriation account under s. 20.435 (4) (ah)
and from premiums collected from
19eligible persons with coverage under s. 149.146 set in accordance with s. 149.146 (2)
20(b), to cover 60% of the estimated plan costs for the new plan year , after deducting
21from the estimated plan costs the amount available for transfer to the fund from the
22appropriation account under s. 20.435 (4) (af) for that plan year
.
SB44-SSA1, s. 2075 23Section 2075. 149.143 (2) (a) 1. b. of the statutes is amended to read:
SB44-SSA1,814,2524 149.143 (2) (a) 1. b. Estimate the amount of enrollee premiums that will be
25received under sub. (1) (b) 1. a. (am) 1.
SB44-SSA1, s. 2076
1Section 2076. 149.143 (2) (a) 2. of the statutes is amended to read:
SB44-SSA1,815,82 149.143 (2) (a) 2. After making the determinations under subd. 1., by rule set
3premium rates for the new plan year, including the rates under s. 149.146 (2) (b), in
4the manner specified in sub. (1) (b) 1. a. and c. (am) 1. and 3. and such that a rate for
5coverage under s. 149.14 (2) (a) is approved by the board and is not less than 140%
6nor more than 200% of the rate that a standard risk would be charged under an
7individual policy providing substantially the same coverage and deductibles as are
8provided under the plan.
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