JR2 AB1: Bill Text

AB1,54,7 24.73 Extension of loan. All loans made or which that may be made from any state trust funds, other than loans under s. 24.61 (3) (e), to any borrower may be extended for such time and upon such terms as may be agreed upon by and between the board and such borrower; provided, however, that no loan shall be extended upon which there is any default in the payment of interest at the time of making application therefor, nor to any period beyond 20 years from its inception, nor at any rate of interest less than the minimum established by law.

AB1, s. 81 Section 81. 25.66 (1) (e) of the statutes is created to read:

AB1,54,10 25.66 (1) (e) Beginning in fiscal year 2003-04, all moneys transferred from the general fund under s. 20.436 (1) (b).

AB1, s. 82 Section 82. 25.69 of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1,54,19 25.69 Permanent endowment fund. There is established a separate nonlapsible trust fund designated as the permanent endowment fund, consisting of all of the proceeds from the sale of the state's right to receive payments under the Attorneys General Master Tobacco Settlement Agreement of November 23, 1998, and all investment earnings on the proceeds. Moneys in the permanent endowment fund shall be used only to make the transfers under s. 20.855 (4) (rc), (rh), (rp), and (rv) and to make the appropriations under s. 20.855 (4) (rb) and (rm).

AB1, s. 83 Section 83. 25.69 of the statutes, as affected by 2001 Wisconsin Acts 16 and .... (this act), is repealed and recreated to read:

AB1,55,3 25.69 Permanent endowment fund. There is established a separate nonlapsible trust fund designated as the permanent endowment fund, consisting of all of the proceeds from the sale of the state's right to receive payments under the Attorneys General Master Tobacco Settlement Agreement of November 23, 1998, and all investment earnings on the proceeds. Moneys in the permanent endowment fund shall be used only to make the transfers under ss. 13.101 (16) and 20.855 (4) (rh) and to make the appropriation under s. 20.855 (4) (rm).

AB1, s. 84 Section 84. 26.14 (8) of the statutes is amended to read:

AB1,55,7 26.14 (8) Any person who intentionally sets fire to the land of another or to a marsh 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.

AB1, s. 85 Section 85. 29.971 (1) (c) of the statutes is amended to read:

AB1,55,12 29.971 (1) (c) For A person having fish in his or her possession in violation of this chapter and is guilty of a Class I felony if the value of the fish under par. (d) exceeds $1,000, by a fine of not more than $10,000 or imprisonment for not more than 3 years or both.

AB1, s. 86 Section 86. 29.971 (1m) (c) of the statutes is amended to read:

AB1,55,16 29.971 (1m) (c) For A person possessing clams in violation of s. 29.537, is guilty of a Class I felony if the value of the clams under par. (d) exceeds $1,000, by a fine of not more than $10,000 or imprisonment for not more than 3 years or both.

AB1, s. 87 Section 87. 29.971 (11m) (a) of the statutes is amended to read:

AB1,56,2 29.971 (11m) (a) For shooting, shooting at, killing, taking, catching or possessing a bear without a valid Class A bear license, or for possessing a bear which does not have a carcass tag attached or possessing a bear during the closed season, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 6 months or both for the first violation, or by a fine of not more than $5,000 $10,000 or imprisonment for not more than 2 years 9 months or both for any subsequent violation, and, in addition, the court shall revoke all hunting approvals issued to the person under this chapter and shall prohibit the issuance of any new hunting approval under this chapter to the person for 3 years.

AB1, s. 88 Section 88. 29.971 (11p) (a) of the statutes is amended to read:

AB1,56,6 29.971 (11p) (a) For entering the den of a hibernating black bear and harming the bear, by a fine of not more than $10,000 or imprisonment for not more than 2 years 9 months or both.

AB1, s. 89 Section 89. 30.80 (2g) (b) of the statutes is amended to read:

AB1,56,10 30.80 (2g) (b) Shall be fined not less than $300 nor more than $5,000 $10,000 or imprisoned for not more than 2 years 9 months or both if the accident involved injury to a person but the person did not suffer great bodily harm.

AB1, s. 90 Section 90. 30.80 (2g) (c) of the statutes is amended to read:

AB1,56,14 30.80 (2g) (c) 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 if the accident involved injury to a person and the person suffered great bodily harm.

AB1, s. 91 Section 91. 30.80 (2g) (d) of the statutes is amended to read:

AB1,56,18 30.80 (2g) (d) 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 if the accident involved death to a person.

AB1, s. 92 Section 92. 30.80 (3m) of the statutes is amended to read:

AB1,56,22 30.80 (3m) Any person violating s. 30.547 (1), (3) or (4) shall be fined not more than $5,000 or imprisoned not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1, s. 93 Section 93. 36.25 (6) (d) of the statutes is amended to read:

AB1,57,6 36.25 (6) (d) Any officer, agent, clerk or employee of the survey or department of revenue who makes known to any person except the officers of the survey or department of revenue, in any manner, any information given to such person in the discharge of such person's duties under par. (c), which information was given to such person with the request that it not be made known, upon conviction thereof, shall be fined not less than $50 nor more than $500 or imprisoned for not less than one month nor more than 3 years is guilty of a Class I felony. This paragraph shall not prevent the use for assessment purposes of any information obtained under this subsection.

AB1, s. 94 Section 94. 38.04 (9) of the statutes is amended to read:

AB1,57,16 38.04 (9) Training programs for fire fighters. In order to promote safety to life and property, the board may establish and supervise training programs in fire prevention and protection. The training programs shall include training in responding to acts of terrorism, as defined in s. 146.50 (1) (ag), and shall be available to members of volunteer and paid fire departments maintained by public and private agencies, including industrial plants. No training program required for participation in structural fire fighting that is offered to members of volunteer and paid fire departments maintained by public agencies may require more than 60 hours of training.

AB1, s. 95 Section 95. 38.16 (1) of the statutes is renumbered 38.16 (1) (a) and amended to read:

AB1,58,11 38.16 (1) (a) Annually by October 31, or within 10 days after receipt of the equalized valuations from the department of revenue, whichever is later, the district board may levy a tax, not exceeding 1.5 mills on the full value of the taxable property of the district, for the purpose of making capital improvements, acquiring equipment, and operating and maintaining the schools of the district, except that the mill limitation is not applicable to taxes levied for the purpose of paying principal and interest on valid bonds or notes now or hereafter outstanding as provided in s. 67.035. The district board secretary shall file with the clerk of each city, village, and town, any part of which is located in the district, a certified statement showing the amount of the levy and the proportionate amount of the tax to be spread upon the tax rolls for collection in each city, village, and town. Such proportion shall be ascertained on the basis of the ratio of full value of the taxable property of that part of the city, village, or town located in the district to the full value of all taxable property in the district, as certified to the district board secretary by the department of revenue. Upon receipt of the certified statement from the district board secretary, the clerk of each city, village, and town shall spread the amounts thereof upon the tax rolls for collection. When the taxes are collected, such amounts shall be paid by the treasurer of each city, village, and town to the district board treasurer.

AB1, s. 96 Section 96. 38.16 (1) (b) of the statutes is created to read:

AB1,58,15 38.16 (1) (b) Taxes levied under par. (a), other than taxes levied for the purpose of paying debt service on district bonds and notes, may not exceed the lesser of the following:

AB1,58,17 1. The amount levied in the previous year multiplied by the sum of 1.0 plus the allowable rate of increase under s. 73.0305 expressed as a decimal.

AB1,58,18 2. The amount that would be generated by a levy rate of 1.5 mills.

AB1, s. 97 Section 97. 38.16 (1) (c) of the statutes is created to read:

AB1,59,5 38.16 (1) (c) 1. Notwithstanding par. (b), if a district board's limit in any year is the amount under par. (b) 1., and it wishes to levy a tax in that year that is greater than the amount under par. (b) 1. but not greater than the amount under par. (b) 2., it shall promptly adopt a resolution to that effect. The resolution shall specify the amount of the proposed excess levy. The resolution shall be filed as provided in s. 8.37. The district board shall call a special referendum for the purpose of submitting the resolution to the electors of the district for approval or rejection. In lieu of a special referendum, the district 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 sooner than 42 days after the filing of the resolution of the district board.

AB1,59,10 2. The district board secretary shall publish type A, B, C, D, and E notices of the referendum under s. 10.01 (2). Notwithstanding s. 10.01 (2) (a), the type A notice shall include a statement of the amount of the proposed excess levy specified in subd. 1. and a copy of the resolution under subd. 1. Section 5.01 (1) applies in the event of failure to comply with the notice requirements of this subdivision.

AB1,59,18 3. The referendum shall be held in accordance with chs. 5 to 12. The district board secretary 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 par. (b) 1. may be exceeded by a specified amount. The limit otherwise applicable to the district under par. (b) is increased by the amount approved by a majority of those voting on the question.

AB1, s. 98 Section 98. 38.28 (1m) (a) 1. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,60,4 38.28 (1m) (a) 1. "District aidable cost" means the annual cost of operating a technical college district, including debt service charges for district bonds and promissory notes for building programs or capital equipment, but excluding all expenditures relating to auxiliary enterprises and community service programs, all expenditures funded by or reimbursed with federal revenues, all receipts under sub. (6) and ss. 38.12 (9), 38.14 (3) and (9), 38.307, 118.15 (2) (a), 118.55 (7r), and 146.55 (5), all receipts from grants awarded under ss. 38.04 (8), (19), (20), and (31), 38.14 (11), 38.26, 38.27, 38.305, 38.31, 38.33, and 38.38, all fees collected under s. 38.24, and driver education and chauffeur training aids.

AB1, s. 99 Section 99. 38.305 of the statutes, as affected by 2001 Wisconsin Act 16, is repealed.

AB1, s. 100 Section 100. 38.307 of the statutes is created to read:

AB1,60,10 38.307 Educational assistance for dislocated workers. (1) Beginning in the 2002-03 school year, the board shall pay a student's tuition and fees at a district college under s. 38.24 (1m) if the student satisfies all of the following criteria:

AB1,60,12 (a) The student is a dislocated worker who has been referred to the district by a local work force development board established under 29 USC 2832.

AB1,60,14 (b) The student is enrolled in an associate degree program or a vocational diploma program.

AB1,60,15 (c) The student maintains a grade point average of at least 2.0.

AB1,60,19 (2) The board shall pay tuition and fees under this section from the appropriation under s. 20.292 (1) (eq). If the amount appropriated in any fiscal year is insufficient to pay the tuition and fees of all eligible students, the board shall fulfill requests for payment in the order in which they were received.

AB1,60,20 (4) The board shall promulgate rules to implement and administer this section.

AB1, s. 101 Section 101. 47.03 (3) (d) of the statutes is amended to read:

AB1,60,23 47.03 (3) (d) Any person who violates this subsection shall be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

AB1, s. 102 Section 102. 48.355 (2d) (b) 3. of the statutes is amended to read:

AB1,61,8 48.355 (2d) (b) 3. That the parent has committed a violation of s. 940.19 (3), 1999 stats., a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the child or another child of the parent.

AB1, s. 103 Section 103. 48.415 (9m) (b) 2. of the statutes is amended to read:

AB1,61,15 48.415 (9m) (b) 2. The commission of a violation of s. 940.19 (3), 1999 stats., a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 if committed in this state.

AB1, s. 104 Section 104. 48.417 (1) (d) of the statutes is amended to read:

AB1,61,24 48.417 (1) (d) A court of competent jurisdiction has found that the parent has committed a violation of s. 940.19 (3), 1999 stats., a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the child or another child of the parent.

AB1, s. 105 Section 105. 48.561 (3) (a) (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is renumbered 48.561 (3) (intro.) and amended to read:

AB1,62,6 48.561 (3) (intro.) A county having a population of 500,000 or more shall contribute $58,893,500 $38,792,200 in each state fiscal year for the provision of child welfare services in that county by the department. That contribution shall be made as follows:

AB1, s. 106 Section 106. 48.561 (3) (a) 1. of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 48.561 (3) (a).

AB1, s. 107 Section 107. 48.561 (3) (a) 2. of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 48.561 (3) (bm).

AB1, s. 108 Section 108. 48.561 (3) (a) 3. of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1, s. 109 Section 109. 48.561 (3) (b) of the statutes, as affected by 2001 Wisconsin Act 16, is repealed.

AB1, s. 110 Section 110. 48.57 (3p) (g) 2. of the statutes is amended to read:

AB1,62,20 48.57 (3p) (g) 2. The person has had imposed on him or her a penalty specified in s. 939.64, 1999 stats., or s. 939.641, 1999 stats., or s. 939.62, 939.621, 939.63, 939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the person would be subject to a penalty specified in any of those sections if convicted in this state.

AB1, s. 111 Section 111. 48.685 (1) (c) of the statutes is amended to read:

AB1,63,6 48.685 (1) (c) "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) or (2), 948.025, 948.03 (2), 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) or 948.30 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) or (2), 948.025, 948.03 (2), 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) or 948.30 if committed in this state.

AB1, s. 112 Section 112. 48.685 (5) (bm) 2. of the statutes is amended to read:

AB1,63,9 48.685 (5) (bm) 2. A violation of s. 940.19 (3), 1999 stats., or of s. 940.19 (2), (3), (4), (5) or (6) or 940.20 (1) or (1m), if the victim is the spouse of the person.

AB1, s. 113 Section 113. 48.685 (5) (bm) 3. of the statutes is amended to read:

AB1,63,13 48.685 (5) (bm) 3. A violation of s. 943.23 (1m) or (1r), 1999 stats., or of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21, 940.225 (1), (2) or (3), 940.23, 940.305, 940.31, 941.20 (2) or (3), 941.21, 943.10 (2), 943.23 (1g), (1m) or (1r) or 943.32 (2).

AB1, s. 114 Section 114. 48.685 (5) (bm) 4. of the statutes is amended to read:

AB1,63,18 48.685 (5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 940.19 (2), (3), (4), (5) or (6), 940.20, 940.203, 940.205 or 940.207 or an offense under ch. 961 that is a felony, if committed not more than 5 years before the date of the investigation under sub. (2) (am).

AB1, s. 115 Section 115. 49.141 (7) (a) of the statutes is amended to read:

AB1,63,23 49.141 (7) (a) A person who is convicted of violating sub. (6) in connection with the furnishing by that person of items or services for which payment is or may be made under Wisconsin works may be fined not more than $25,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1, s. 116 Section 116. 49.141 (7) (b) of the statutes is amended to read:

AB1,64,3 49.141 (7) (b) A person, other than a person under par. (a), who is convicted of violating sub. (6) may be fined not more than $10,000 or imprisoned for not more than 2 years 9 months or both.

AB1, s. 117 Section 117. 49.141 (9) (a) of the statutes is amended to read:

AB1,64,13 49.141 (9) (a) Whoever solicits or receives any remuneration in cash or in-kind, in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under Wisconsin works, 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.

AB1, s. 118 Section 118. 49.141 (9) (b) of the statutes is amended to read:

AB1,64,23 49.141 (9) (b) Whoever offers or pays any remuneration in cash or in-kind to any person to induce the person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under any provision of Wisconsin works, 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.

AB1, s. 119 Section 119. 49.141 (10) (b) of the statutes is amended to read:

AB1,65,4 49.141 (10) (b) A person who violates this subsection 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.

AB1, s. 120 Section 120. 49.195 (3n) (k) of the statutes is amended to read:

AB1,65,11 49.195 (3n) (k) Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized under this subsection with intent to evade or defeat the assessment or collection of any debt may be fined not more than $5,000 or imprisoned for not more than 4 years and 6 months or both, is guilty of a Class H felony and shall be liable to the state for assessed the costs of prosecution.

AB1, s. 121 Section 121. 49.195 (3n) (r) of the statutes is amended to read:

AB1,65,18 49.195 (3n) (r) No employer may discharge or otherwise discriminate with respect to the terms and conditions of employment against any employee by reason of the fact that his or her earnings have been subject to levy for any one levy or because of compliance with any provision of this subsection. Any person who violates this paragraph may be fined not more than $1,000 or imprisoned for not more than 2 years or both is guilty of a Class I felony.

AB1, s. 122 Section 122. 49.45 (49) of the statutes is created to read:

AB1,65,25 49.45 (49) Prescription drug prior authorization. The secretary shall exercise his or her authority under s. 15.04 (1) (c) to create a prescription drug prior authorization committee to advise the department on issues related to prior authorization decisions made concerning presciption drugs on behalf of medical assistance recipients. The secretary shall appoint as members at least all of the following: