JR2 AB1: Bill Text

AB1, s. 237 Section 237. 79.02 (2) (c) of the statutes is created to read:

AB1,163,8 79.02 (2) (c) Subject to s. 59.605 (4), on June 30, 2003, each county and municipality shall receive payments equal to the amount determined under s. 79.085 (1) (b) and (2), multiplied by the June 2003 payment factor. In this paragraph, "June 2003 payment factor" means the amount that is equal to the moneys available, as determined by the department of administration, from the appropriation account under s. 20.855 (4) (rb), divided by $679,415,800. Payments in June 2003 shall be made from the appropriation account under s. 20.855 (4) (rb).

AB1, s. 238 Section 238. 79.02 (3) of the statutes is amended to read:

AB1,163,16 79.02 (3) Subject to s. 59.605 (4), payments to each municipality and county in November shall equal that municipality's or county's entitlement to shared revenues under ss. 79.03, 79.04, 79.05, 79.058, and 79.06 for the current year, minus the amount distributed to the municipality or county in July or, for distributions in 2003, on June 30, 2003. The total amount of the payments in July and November 2002 shall be $679,415,800. The total amount of the payments in June and November 2003 shall be $679,415,800.

AB1, s. 239 Section 239. 79.03 (1) of the statutes is amended to read:

AB1,163,20 79.03 (1) Each Ending with the distributions in 2003, each municipality and county is entitled to shared revenue, consisting of an amount determined on the basis of population under sub. (2), plus an amount determined under sub. (3).

AB1, s. 240 Section 240. 79.03 (3c) (b) (intro.) of the statutes is amended to read:

AB1,163,24 79.03 (3c) (b) Eligibility. (intro.) A Ending with the distributions in 2003, a municipality is eligible for a payment under this subsection if all of the following conditions are met:

AB1, s. 241 Section 241. 79.03 (3c) (f) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,164,9 79.03 (3c) (f) Distribution amount. If the total amounts calculated under pars. (c) to (e) exceed the total amount to be distributed under this subsection, the amount paid to each eligible municipality shall be paid on a prorated basis. The total amount to be distributed under this subsection from s. 20.835 (1) (b) is $10,000,000 beginning in 1996 and ending in 1999; $11,000,000 in the year 2000 and in the year 2001; $11,110,000 in 2002; and $11,221,100 in 2003 and in each year thereafter, less reductions under s. 79.085.

AB1, s. 242 Section 242. 79.03 (4) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,165,2 79.03 (4) In 1991, the total amount to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) is $869,000,000. In 1992, the total amount to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) is $885,961,300. In 1993, the total amount to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) is $903,680,500. In 1994, the total amounts to be distributed under this section and ss. 79.04 and 79.06 from s. 20.835 (1) (d) are $746,547,500 to municipalities and $168,981,800 to counties. Beginning in 1995 and ending in 2001, the total amounts to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) are $761,478,000 to municipalities and $168,981,800 to counties. In 2002, the total amounts to be distributed under ss. 79.03, 79.04, and 79.06 from s. ss. 20.835 (1) (d) and 20.855 (4) (rb) are $769,092,800 to municipalities, less reductions under s. 79.085, and $170,671,600 to counties, less reductions under s. 79.085. In 2003 and subsequent years, the total amounts to be distributed under ss. 79.03, 79.04, and 79.06 from s. ss. 20.835 (1) (d) and 20.855 (4) (rb) are $776,783,700 $769,092,800 to municipalities and $172,378,300 $170,671,600 to counties, less reductions under s. 79.085.

AB1, s. 243 Section 243. 79.03 (5) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,165,7 79.03 (5) (a) In 2002 and 2003, each municipality shall receive a shared revenue payment that is equal to the amount of the payment it received in the previous year, multiplied by 101% and less reductions under s. 79.085.

AB1, s. 244 Section 244. 79.03 (6) of the statutes is created to read:

AB1,165,10 79.03 (6) Beginning in 2004, no municipality or county may receive payments under subs. (2) and (3) and no municipality may receive a payment under sub. (3c).

AB1, s. 245 Section 245. 79.04 (1) (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,165,21 79.04 (1) (intro.) Annually, ending with the distributions in 2003, the department of administration, upon certification by the department of revenue, shall distribute to a municipality having within its boundaries a production plant or a general structure, including production plants and general structures under construction, used by a light, heat, or power company assessed under s. 76.28 (2) or 76.29 (2), except property described in s. 66.0813 unless the production plant is owned or operated by a local governmental unit located outside of the municipality, or by an electric cooperative assessed under ss. 76.07 and 76.48, respectively, or by a municipal electric company under s. 66.0825 the amount determined as follows:

AB1, s. 246 Section 246. 79.04 (2) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,167,4 79.04 (2) (a) Annually, ending with the distributions in 2003, the department of administration, upon certification by the department of revenue, shall distribute from the shared revenue account to any county having within its boundaries a production plant or a general structure, including production plants and general structures under construction, used by a light, heat, or power company assessed under s. 76.28 (2) or 76.29 (2), except property described in s. 66.0813 unless the production plant is owned or operated by a local governmental unit that is located outside of the municipality in which the production plant is located, or by an electric cooperative assessed under ss. 76.07 and 76.48, respectively, or by a municipal electric company under s. 66.0825 an amount determined by multiplying by 6 mills in the case of property in a town and by 3 mills in the case of property in a city or village the first $125,000,000 of the amount shown in the account, plus leased property, of each public utility except qualified wholesale electric companies, as defined in s. 76.28 (1) (gm), on December 31 of the preceding year for either "production plant, exclusive of land" and "general structures", or "work in progress" for production plants and general structures under construction, in the case of light, heat, and power companies, electric cooperatives, or municipal electric companies, for all property within the municipality in accordance with the system of accounts established by the public service commission or rural electrification administration, less depreciation thereon as determined by the department of revenue and less the value of treatment plant and pollution abatement equipment, as defined under s. 70.11 (21) (a), as determined by the department of revenue plus an amount from the shared revenue account determined by multiplying by 6 mills in the case of property in a town, and 3 mills in the case of property in a city or village, of the total original cost of production plant, general structures, and work-in-progress less depreciation, land, and approved waste treatment facilities of each qualified wholesale electric company, as defined in s. 76.28 (1) (gm), as reported to the department of revenue of all property within the municipality. The total of amounts, as depreciated, from the accounts of all public utilities for the same production plant is also limited to not more than $125,000,000. The amount distributable to a county in any year shall not exceed $100 times the population of the county.

AB1, s. 247 Section 247. 79.04 (4) (a) of the statutes is amended to read:

AB1,167,12 79.04 (4) (a) Annually, ending with the distributions in 2003, in addition to the amount distributed under sub. (1), the department of administration shall distribute $50,000 to a municipality if spent nuclear fuel is stored within the municipality on December 31 of the preceding year. If a spent nuclear fuel storage facility is located within one mile of a municipality, that municipality shall receive $10,000 annually and the municipality where that storage facility is located shall receive $40,000 annually.

AB1, s. 248 Section 248. 79.04 (4) (b) of the statutes is amended to read:

AB1,167,21 79.04 (4) (b) Annually, ending with the distributions in 2003, in addition to the amount distributed under sub. (2), the department of administration shall distribute $50,000 to a county if spent nuclear fuel is stored within the county on December 31 of the preceding year. If a spent nuclear fuel storage facility is located at a production plant located in more than one county, the payment shall be apportioned according to the formula under sub. (1) (c) 2., except that the formula, as it applies to municipalities in that subdivision, applies to counties in this paragraph. The payment under this paragraph may not be less than $10,000 annually.

AB1, s. 249 Section 249. 79.04 (5) of the statutes is created to read:

AB1,167,24 79.04 (5) Beginning in 2004, no municipality or county may receive a payment under this section.

AB1, s. 250 Section 250. 79.05 (2) (intro.) of the statutes is amended to read:

AB1,168,2 79.05 (2) (intro.) A Ending with the distributions in 2003, a municipality is eligible for a payment under sub. (3) if it fulfills all of the following requirements:

AB1, s. 251 Section 251. 79.05 (7) of the statutes is created to read:

AB1,168,5 79.05 (7) Beginning in 2004, no municipality may receive a payment under this section.

AB1, s. 252 Section 252. 79.058 (1) of the statutes is amended to read:

AB1,168,10 79.058 (1) Each Ending with the distributions in 2003, each county is entitled to a mandate relief payment equal to the per person distribution under sub. (2) times the county's population for the year in which the statement under s. 79.015 is provided as determined under s. 16.96 (2).

AB1, s. 253 Section 253. 79.058 (3) (d) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1,168,13 79.058 (3) (d) In 2002, $20,971,400, less reductions under s. 79.085.

AB1, s. 254 Section 254. 79.058 (3) (e) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1,168,17 79.058 (3) (e) In 2003 and subsequent years $21,181,100, $20,971,400, less reductions under s. 79.085.

AB1, s. 255 Section 255. 79.058 (4) of the statutes is created to read:

AB1,168,20 79.058 (4) Beginning in 2004, no county may receive a payment under this section.

AB1, s. 256 Section 256. 79.06 (1) (b) of the statutes is amended to read:

AB1,169,6 79.06 (1) (b) If the payments to any municipality or county under s. 79.03, excluding payments under s. 79.03 (3c), in 1986 or any year thereafter , except after the reductions under s. 79.085 in 2002, are less than 95% of the combined payments to the municipality or county under this section and s. 79.03, excluding payments under s. 79.03 (3c), for the previous year, the municipality or county has an aids deficiency. The amount of the aids deficiency is the amount by which 95% of the combined payments to the municipality or county under this section and s. 79.03, excluding payments under s. 79.03 (3c), in the previous year exceeds the payments to the municipality or county under s. 79.03, excluding payments under s. 79.03 (3c), in the current year.

AB1, s. 257 Section 257. 79.06 (3) of the statutes is created to read:

AB1,169,9 79.06 (3) Sunset. Beginning in 2004, no municipality or county may receive a payment under this section.

AB1, s. 258 Section 258. 79.085 of the statutes is created to read:

AB1,169,15 79.085 Reductions. (1) Calculation. (a) The department of revenue shall determine the amount of the payments under ss. 79.03 (2), (3), (3c), and (5) (a), 79.04, 79.05, and 79.06 to be distributed to each municipality in 2002 and the amount of the payments under ss. 79.03 (2) and (3), 79.04, 79.058, and 79.06 to be distributed to each county in 2002.

AB1,169,24 (b) The department of revenue shall reduce the amount of the payments to be distributed to each municipality and county, as determined under par. (a), by subtracting from such payments an amount based on population, as determined by the department, so that the total amount of the reduction to all such payments in 2002 is $350,000,000, except that the reduction applied to any county's or municipality's payment shall not exceed the amount determined under par. (a) to be distributed to the municipality or county in 2002. Notwithstanding s. 79.005 (2), to calculate reductions under this paragraph, the department shall estimate population by using the 2000 federal decennial census.

AB1,170,5 (c) The amount of the payments under ss. 79.03 (2), (3), and (3c), 79.04, 79.05, and 79.06 to be distributed to each municipality in 2003 and the amount of the payments under ss. 79.03 (2) and (3), 79.04, 79.058, and 79.06 to be distributed to each county in 2003 shall be equal to the amount of such payments distributed to the municipality or county in 2002 as calculated under par. (b).

AB1,170,9 (2) Reduction priority. (a) For payments to counties in 2002 and 2003, after the department of revenue calculates the total reduction of payments to counties under sub. (1) (b), the department shall reduce the following payments, consistent with the calculation under par. (b), in the following order:

AB1,170,10 1. Payments from the appropriation account under s. 20.835 (1) (f).

AB1,170,11 2. Payments from the appropriation account under s. 20.835 (1) (d).

AB1,170,15 (b) For payments to municipalities in 2002 and 2003, after the department of revenue calculates the total reduction of payments to municipalities under sub. (1) (b), the department shall reduce the following payments, consistent with the calculation under par. (b), in the following order:

AB1,170,16 1. Payments from the appropriation account under s. 20.835 (1) (d).

AB1,170,17 2. Payments from the appropriation account under s. 20.835 (1) (b).

AB1,170,18 3. Payments from the appropriation account under s. 20.835 (1) (c).

AB1, s. 259 Section 259. 86.192 (4) of the statutes is amended to read:

AB1,170,22 86.192 (4) Any person who violates this section shall be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class H felony if the injury, defacement or removal causes the death of a person.

AB1, s. 260 Section 260. 93.29 of the statutes is repealed.

AB1, s. 261 Section 261. 97.43 (4) of the statutes is amended to read:

AB1,171,3 97.43 (4) Whoever violates this section may be fined not less than $500 nor more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1, s. 262 Section 262. 97.45 (2) of the statutes is amended to read:

AB1,171,7 97.45 (2) Whoever violates this section may be fined not less than $500 nor more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1, s. 263 Section 263. 100.171 (7) (b) of the statutes is amended to read:

AB1,171,13 100.171 (7) (b) Whoever intentionally violates this section may be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony. A person intentionally violates this section if the violation occurs after the department or a district attorney has notified the person by certified mail that the person is in violation of this section.

AB1, s. 264 Section 264. 100.2095 (6) (d) of the statutes is amended to read:

AB1,171,17 100.2095 (6) (d) A person who violates sub. (3), (4) or (5) may be fined not less than $100 nor more than $1,000 $10,000 or imprisoned for not more than one year 9 months or both. Each day of violation constitutes a separate offense.

AB1, s. 265 Section 265. 100.26 (2) of the statutes is amended to read:

AB1,171,21 100.26 (2) Any person violating s. 100.02 shall be fined not less than $50 nor more than $3,000 or imprisoned for not less than 30 days nor more than 4 years and 6 months or both is guilty of a Class I felony.

AB1, s. 266 Section 266. 100.26 (5) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,172,3 100.26 (5) Any person violating s. 100.18 (9) shall may be fined not less than $100 nor more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both. Each day of violation constitutes a separate offense.

AB1, s. 267 Section 267. 100.26 (7) of the statutes is amended to read:

AB1,172,9 100.26 (7) Any person violating s. 100.182 shall may be fined not less than $500 nor more than $5,000 $10,000 or imprisoned for not more than 2 years 9 months or both for each offense. Each unlawful advertisement published, printed or mailed on separate days or in separate publications, hand bills or direct mailings is a separate violation of this section.

AB1, s. 268 Section 268. 101.10 (4) (b) of the statutes, as created by 2001 Wisconsin Act 3, is amended to read:

AB1,172,15 101.10 (4) (b) Except as provided in par. (c), any person who violates sub. (3) may be fined not more than $10,000 or imprisoned for not more than 3 years and 6 months, or both, for each violation is guilty of a Class I felony. Notwithstanding s. 101.02 (12), each act in violation of sub. (3) constitutes a separate offense.

AB1, s. 269 Section 269. 101.143 (10) (b) of the statutes is amended to read:

AB1,172,20 101.143 (10) (b) Any owner or operator, person owning a home oil tank system or service provider who intentionally destroys a document that is relevant to a claim for reimbursement under this section may be fined not more than $10,000 or imprisoned for not more than 15 years or both is guilty of a Class G felony.

AB1, s. 270 Section 270. 101.9204 (2) of the statutes is amended to read:

AB1,172,24 101.9204 (2) Any person who knowingly makes a false statement in an application for a certificate of title may be fined not more than $5,000 or imprisoned for not more than 5 years or both is guilty of a Class H felony.

AB1, s. 271 Section 271. 101.94 (8) (b) of the statutes is amended to read:

AB1,173,4 101.94 (8) (b) Any individual or a director, officer or agent of a corporation who knowingly and wilfully violates this subchapter in a manner which threatens the health or safety of a purchaser shall may be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

AB1, s. 272 Section 272. 102.835 (11) of the statutes is amended to read:

AB1,173,11 102.835 (11) Evasion. Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized under this section 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 I felony and shall be liable to the state for the costs of prosecution.

AB1, s. 273 Section 273. 102.835 (18) of the statutes is amended to read:

AB1,173,18 102.835 (18) Restriction on employment penalties by reason of levy. 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 section. Whoever wilfully violates this subsection may be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

AB1, s. 274 Section 274. 102.85 (3) of the statutes is amended to read:

AB1,173,22 102.85 (3) An employer who violates an order to cease operations under s. 102.28 (4) may be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.

AB1, s. 275 Section 275. 108.225 (11) of the statutes is amended to read:

AB1,174,4 108.225 (11) Evasion. Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized under this section 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 I felony and shall be liable to the state for the costs of prosecution.

AB1, s. 276 Section 276. 108.225 (18) of the statutes is amended to read:

AB1,174,11 108.225 (18) Restriction on employment penalties by reason of levy. 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 section. Whoever wilfully violates this subsection may be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.

AB1, s. 277 Section 277. 110.07 (5) (a) of the statutes is amended to read: