AB768: Bill Text

AB768, s. 365 Section 365. 118.30 (1m) (a) 2. of the statutes is created to read:

AB768,193,8 118.30 (1m) (a) 2. If the school board has developed or adopted its own 4th grade examination, administer that examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade. The school board shall provide a pupil with at least 2 opportunities to pass the examination administered under this subdivision.

AB768, s. 366 Section 366. 118.30 (1m) (am) of the statutes is renumbered 118.30 (1m) (am) 1. and amended to read:

AB768,193,17 118.30 (1m) (am) 1. Administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) (a) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade. If the school board has not developed and adopted its own 8th grade examination, the school board shall provide a pupil with at least 2 opportunities to achieve a score on the examination administered under this subdivision that is sufficient for promotion under sub. (5) (b) 1.

AB768, s. 367 Section 367. 118.30 (1m) (am) 2. of the statutes is created to read:

AB768,193,23 118.30 (1m) (am) 2. If the school board has developed or adopted its own 8th grade examination, administer that examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade. The school board shall provide a pupil with at least 2 opportunities to pass the examination administered under this subdivision.

AB768, s. 368 Section 368. 118.30 (5) of the statutes is created to read:

AB768,194,2 118.30 (5) (a) Except as provided in par. (c), a school board may not promote a 4th grade pupil to the 5th grade unless one of the following applies:

AB768,194,6 1. If the school board does not administer its own 4th grade examination under sub. (1m) (a) 2., the pupil's score in each subject area on the examination administered under sub. (1m) (a) 1. is at the basic level or above, as determined by the state superintendent.

AB768,194,9 2. If the school board administers its own 4th grade examination under sub. (1m) (a) 2., the pupil achieves a passing score on that examination, as determined by the school board.

AB768,194,11 (b) Except as provided in par. (c), a school board may not promote an 8th grade pupil to the 9th grade unless one of the following applies:

AB768,194,15 1. If the school board does not administer its own 8th grade examination under sub. (1m) (am) 2., the pupil's score in each subject area on the examination administered under sub. (1m) (am) 1. is at the basic level or above, as determined by the state superintendent.

AB768,194,18 2. If the school board administers its own 8th grade examination under sub. (1m) (am) 2., the pupil achieves a passing score on that examination, as determined by the school board.

AB768,194,23 (c) Each school board shall develop alternative criteria for evaluating a pupil who did not take the 4th grade or the 8th grade examination that was required for promotion as a result of sub. (2) (b). A school board may promote a pupil who did not take the examination that was required for promotion as a result of sub. (2) (b) if the pupil satisfies the alternative criteria.

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

AB768,195,3 121.15 (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, s. 370 Section 370. 127.17 (2) (a) of the statutes is amended to read:

AB768,195,11 127.17 (2) (a) Grounds; procedure for suspension or revocation. The department may deny, suspend or revoke a warehouse keeper's or grain dealer's license if the warehouse keeper or grain dealer violates this chapter or any rule promulgated or special order issued under this chapter. The department may suspend or revoke a license under this paragraph by special order under sub. (1) (a) 1. or, if necessary to prevent clear and imminent harm to producers or depositors, by a summary special order under sub. (1) (a) 2.

AB768, s. 371 Section 371. 127.17 (2) (b) of the statutes is amended to read:

AB768,195,15 127.17 (2) (b) Suspension of grain dealer license. If a grain dealer's license is suspended under par. (a), the grain dealer may not purchase or receive grain from producers or sell or ship grain, except under the supervision of the department.

AB768, s. 372 Section 372. 127.17 (2) (c) 1. of the statutes is amended to read:

AB768,195,19 127.17 (2) (c) 1. If a grain dealer's license is revoked under par. (a), the grain dealer may not purchase, receive, sell or ship grain except as the department permits by order.

AB768, s. 373 Section 373. 127.17 (2) (d) of the statutes is amended to read:

AB768,195,24 127.17 (2) (d) Suspension of a warehouse keeper's license. If a warehouse keeper's license is suspended under par. (a), the warehouse keeper may not purchase or receive grain from depositors or sell or ship grain, except under the supervision of the department.

AB768, s. 374 Section 374. 127.17 (2) (e) 1. of the statutes is amended to read:

AB768,196,3 127.17 (2) (e) 1. If a warehouse keeper's license is revoked under par. (a), the warehouse keeper may not purchase, receive, sell or ship grain except as the department permits by order.

AB768, s. 375 Section 375. 138.09 (1m) of the statutes is renumbered 138.09 (1m) (a).

AB768, s. 376 Section 376. 138.09 (1m) (b) of the statutes is created to read:

AB768,196,7 138.09 (1m) (b) 1. An application under par. (a) for a license shall contain the following:

AB768,196,8 a. If the applicant is an individual, the applicant's social security number.

AB768,196,10 b. If the applicant is not an individual, the applicant's federal employer identification number.

AB768,196,13 2. The division may not disclose any information received under subd. 1. to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768, s. 377 Section 377. 138.09 (3) (a) of the statutes is amended to read:

AB768,196,23 138.09 (3) (a) Upon the filing of such application and the payment of such fee, the division shall investigate the relevant facts, and if. Except as provided in par. (am), if the division shall find that the character and general fitness and the financial responsibility of the applicant, and the members thereof if the applicant is a partnership, limited liability company or association, and the officers and directors thereof if the applicant is a corporation, warrant the belief that the business will be operated in compliance with this section the division shall thereupon issue a license to said applicant to make loans in accordance with the provisions of this section. If the division shall not so find, the division shall deny such application.

AB768, s. 378 Section 378. 138.09 (3) (am) of the statutes is created to read:

AB768,197,4 138.09 (3) (am) The division may not issue a license under this section to an applicant, if the applicant fails to provide the information required under sub. (1m) (b) 1. or if the department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes.

AB768, s. 379 Section 379. 138.09 (4) of the statutes is renumbered 138.09 (4) (a).

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

AB768,197,11 138.09 (4) (b) 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, s. 381 Section 381. 138.12 (3) (d) of the statutes is created to read:

AB768,197,14 138.12 (3) (d) 1. An application for a license under this section shall contain the following:

AB768,197,15 a. If the applicant is an individual, the applicant's social security number.

AB768,197,17 b. If the applicant is not an individual, the applicant's federal employer identification number.

AB768,197,20 2. The division may not disclose any information received under subd. 1. to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768, s. 382 Section 382. 138.12 (4) (a) of the statutes is amended to read:

AB768,198,4 138.12 (4) (a) 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 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, s. 383 Section 383. 138.12 (4) (b) 4. and 5. of the statutes are created to read:

AB768,198,6 138.12 (4) (b) 4. Has provided the information required under sub. (3) (d) 1.

AB768,198,8 5. Has not been certified by the department of revenue under s. 73.0301 as being liable for delinquent taxes.

AB768, s. 384 Section 384. 138.12 (5) (am) of the statutes is created to read:

AB768,198,16 138.12 (5) (am) 1. The division shall deny an application for renewal of a license as an insurance premium finance company if the division finds that the applicant has failed to provide the information required under sub. (3) (d) 1. or if 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 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).

AB768,198,21 2. 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, s. 385 Section 385. 139.03 (2x) (c) of the statutes is amended to read:

AB768,199,2 139.03 (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, s. 386 Section 386. 139.03 (4) of the statutes is amended to read:

AB768,199,8 139.03 (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, s. 387 Section 387. 139.315 (3) of the statutes is amended to read:

AB768,199,13 139.315 (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, s. 388 Section 388. 139.39 (6) of the statutes is amended to read:

AB768,199,20 139.39 (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, s. 389 Section 389. 146.40 (3) of the statutes is amended to read:

AB768,200,8 146.40 (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, s. 390 Section 390. 146.40 (3m) of the statutes is amended to read:

AB768,200,18 146.40 (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, s. 391 Section 391. 146.40 (4d) of the statutes is created to read:

AB768,200,24 146.40 (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).

AB768,201,3 (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.

AB768,201,6 (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).

AB768,201,10 (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.

AB768,201,12 (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, s. 392 Section 392. 146.40 (4m) of the statutes is amended to read:

AB768,202,4 146.40 (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, s. 393 Section 393. 146.40 (4r) (am) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,202,10 146.40 (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.

AB768,202,15 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.

AB768,202,19 3. An entity that intentionally fails to report an allegation of misappropriation of the property of a client or of neglect or abuse of a client may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.

AB768, s. 394 Section 394. 196.218 (4r) (g) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,203,8 196.218 (4r) (g) From the appropriation under s. 20.275 (1) (s), the board may award an annual grant to a school district that had in effect on October 14, 1997, a contract for access to a data line or video link, as documented by the commission. The board shall determine the amount of the grant, which shall be equal to the cost incurred by the state to provide telecommunications access to a school district under a contract entered into under s. 16.974 (7) (a) less the amount that the school district would be paying under par. (c) 4. if the school district were participating in the program established under par. (b), except that the amount may not be greater than the cost that a school district incurs under the contract in effect on October 14, 1997. A school district receiving a grant under this paragraph is not eligible to participate in the program under par. (b). No grant may be awarded under this paragraph after June 30, 2002.

AB768, s. 395 Section 395. 217.05 (intro.) of the statutes is renumbered 217.05 (1) (intro.).

AB768, s. 396 Section 396. 217.05 (1) to (4) of the statutes are renumbered 217.05 (1) (a) to (d).

AB768, s. 397 Section 397. 217.05 (1m) of the statutes is created to read:

AB768,203,14 217.05 (1m) (a) In addition to the information required under sub. (1), the application shall contain the following:

AB768,203,15 1. If the applicant is an individual, the applicant's social security number.

AB768,203,17 2. If the applicant is not an individual, the applicant's federal employer identification number.

AB768,203,20 (b) The division may not disclose any information received under par. (a) to any person except the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768, s. 398 Section 398. 217.06 (4) and (5) of the statutes are created to read:

AB768,203,23 217.06 (4) The applicant has provided the information required under s. 217.05 (1m) (a).

AB768,203,25 (5) The applicant has not been certified under s. 73.0301 by the department of revenue to be liable for delinquent taxes.

AB768, s. 399 Section 399. 217.09 (1m) of the statutes is created to read: