JR2 AB1: Bill Text

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:

AB1,66,1 (a) Two physicians, as defined in s. 448.01 (5), who are currently in practice.

AB1,66,2 (b) Two pharmacists, as defined in s. 450.01 (15).

AB1,66,3 (c) One advocate for recipients of medical assistance.

AB1,66,4 (d) One representative of the pharmaceutical manufacturing industry.

AB1, s. 123 Section 123. 49.49 (1) (b) 1. of the statutes is amended to read:

AB1,66,12 49.49 (1) (b) 1. In the case of such a statement, representation, concealment, failure, or conversion by any person in connection with the furnishing by that person of items or services for which medical assistance is or may be made, a person convicted of violating 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. 124 Section 124. 49.49 (2) (a) of the statutes is amended to read:

AB1,66,24 49.49 (2) (a) Solicitation or receipt of remuneration. Any person who solicits or receives any remuneration, including any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, 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 a medical assistance program, 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 a medical assistance program, 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. 125 Section 125. 49.49 (2) (b) of the statutes is amended to read:

AB1,67,11 49.49 (2) (b) Offer or payment of remuneration. Whoever offers or pays any remuneration including any kickback, bribe, or rebate directly or indirectly, overtly or covertly, in cash or in kind to any person to induce such 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 a medical assistance program, 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 a medical assistance program, 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. 126 Section 126. 49.49 (3) of the statutes is amended to read:

AB1,67,22 49.49 (3) Fraudulent certification of facilities. No person may knowingly and wilfully make or cause to be made, or induce or seek to induce the making of, any false statement or representation of a material fact with respect to the conditions or operation of any institution or facility in order that such institution or facility may qualify either upon initial certification or upon recertification as a hospital, skilled nursing facility, intermediate care facility, or home health agency. Violators of 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. 127 Section 127. 49.49 (3m) (b) of the statutes is amended to read:

AB1,68,2 49.49 (3m) (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. 128 Section 128. 49.49 (4) (b) of the statutes is amended to read:

AB1,68,7 49.49 (4) (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. 129 Section 129. 49.68 (3) (a) of the statutes is amended to read:

AB1,68,13 49.68 (3) (a) Any Subject to s. 49.687 (6), any permanent resident of this state who suffers from chronic renal disease may be accepted into the dialysis treatment phase of the renal disease control program if the resident meets the standards set by rule under sub. (2) and the requirements specified in s. 49.687 and the rules promulgated under s. 49.687.

AB1, s. 130 Section 130. 49.68 (3) (b) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,69,10 49.68 (3) (b) From the appropriation accounts under ss. 20.435 (4) (e) and (je), the state shall pay the cost of medical treatment required as a direct result of chronic renal disease of certified patients from the date of certification, including the cost of administering recombinant human erythropoietin to appropriate patients, whether the treatment is rendered in an approved facility in the state or in a dialysis or transplantation center which that is approved as such by a contiguous state, subject to the conditions specified under par. (d) and s. 49.687 (6). Approved facilities may include a hospital in-center dialysis unit or a nonhospital dialysis center which that is closely affiliated with a home dialysis program supervised by an approved facility. Aid shall also be provided for all reasonable expenses incurred by a potential living-related donor, including evaluation, hospitalization, surgical costs, and postoperative follow-up to the extent that these those costs are not reimbursable under the federal medicare program, another state-funded health care assistance program, as defined by rule promulgated under s. 49.687 (4), or other insurance. In addition, all expenses incurred in the procurement, transportation , and preservation of cadaveric donor kidneys shall be covered to the extent that these those costs are not otherwise reimbursable. All donor-related costs are chargeable to the recipient and reimbursable under this subsection. The cost of travel, lodging, and meals for persons who must travel to receive inpatient or outpatient dialysis treatment for kidney disease are not reimbursable under this subsection.

AB1, s. 131 Section 131. 49.68 (3) (d) 1. of the statutes is amended to read:

AB1,69,25 49.68 (3) (d) 1. No aid may be granted under this subsection unless the recipient has no other form of aid available from the federal medicare program , from another state-funded health care assistance program, as defined by rule promulgated under s. 49.687 (4), or from private health, accident, sickness, medical and, or hospital insurance coverage. If insufficient aid is available from other sources and if the recipient has paid an amount equal to the annual medicare deductible amount specified in subd. 2., the state shall pay the difference in cost to a qualified recipient. If at any time sufficient federal or private insurance aid or other state aid becomes available during the treatment period, state aid under this subsection shall be terminated or appropriately reduced. Any patient who is eligible for the federal medicare program shall register and pay the premium for medicare medical insurance coverage where permitted, and shall pay an amount equal to the annual medicare deductible amounts required under 42 USC 1395e and 1395L (b), prior to becoming eligible for state aid under this subsection.

AB1, s. 132 Section 132. 49.68 (3) (e) of the statutes is repealed.

AB1, s. 133 Section 133. 49.683 (1) of the statutes is amended to read:

AB1,70,7 49.683 (1) The Subject to s. 49.687 (6), the department may provide financial assistance for costs of medical care of persons over the age of 18 years with the diagnosis of cystic fibrosis who meet financial requirements established by the department by rule under s. 49.687 (1) the requirements specified in s. 49.687 and the rules promulgated under s. 49.687.