SB44: Bill Text

SB44, s. 2020 Section 2020. 118.34 (4) of the statutes is repealed.

SB44, s. 2021 Section 2021. 118.40 (2r) (e) 1. of the statutes is amended to read:

SB44,824,7 118.40 (2r) (e) 1. From the appropriation under s. 20.255 (2) (fm), the department shall pay to the operator of the charter school an amount equal to the sum of the amount paid per pupil under this subdivision in the previous school year and the amount of revenue increase in the per pupil allowed under subch. VII of ch. 121 amount paid to private schools under s. 119.23 (4) (b) 2. in the current school year as compared to the previous school year, multiplied by the number of pupils attending the charter school. The amount paid per pupil may not be less than the amount paid per pupil under this subdivision in the previous school year. The department shall pay 25% of the total amount in September, 25% in December, 25% in February, and 25% in June. The department shall send the check to the operator of the charter school.

SB44, s. 2022 Section 2022. 119.04 (1) of the statutes is amended to read:

SB44,824,16 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35) and (37), 120.14 and 120.25 are applicable to a 1st class city school district and board.

SB44, s. 2023 Section 2023. 119.23 (4) (b) 2. of the statutes is amended to read:

SB44,824,23 119.23 (4) (b) 2. The sum of the amount paid per pupil under this subsection paragraph in the previous school year and the amount of revenue increase per pupil allowed under subch. VII of ch. 121 in the current school year multiplied by the sum of 1.0 plus the percentage change from the previous school year to the current school year in the total amount appropriated under s. 20.255 (2) (ac) and (r) expressed as a decimal, but not less than zero.

SB44, s. 2024 Section 2024. 119.72 of the statutes is repealed.

SB44, s. 2025 Section 2025. 119.73 of the statutes is amended to read:

SB44,825,7 119.73 Kindergarten and early childhood programs. The board shall evaluate the effectiveness of the expanded 5-year-old kindergarten programs under s. 119.71 and the early childhood education programs under s. 119.72 in meeting the needs of disadvantaged children. Annually by January 1, the board shall submit a report summarizing its findings to the state superintendent and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3).

SB44, s. 2026 Section 2026. 119.80 of the statutes is repealed.

SB44, s. 2027 Section 2027. 119.82 (1) (a) of the statutes is renumbered 119.82 (1m).

SB44, s. 2028 Section 2028. 119.82 (1) (b) of the statutes is renumbered 119.82 (2m) and amended to read:

SB44,825,13 119.82 (2m) Programs under par. (a) sub. (1m) shall be designed to meet the high school graduation requirements under s. 118.33.

SB44, s. 2029 Section 2029. 119.82 (2) of the statutes is repealed.

SB44, s. 2030 Section 2030. 119.82 (3) of the statutes is repealed.

SB44, s. 2031 Section 2031. 119.82 (5) of the statutes is repealed.

SB44, s. 2032 Section 2032. 120.18 (1) (i) of the statutes is amended to read:

SB44,825,21 120.18 (1) (i) A description of the educational technology used by the school district, including the uses made of the technology, the cost of the technology, and the number of persons using or served by the technology. In this paragraph, "educational technology" has the meaning given in s. 44.70 115.997 (3).

SB44, s. 2033 Section 2033. 121.007 of the statutes is amended to read:

SB44,826,3 121.007 Use of state aid; exemption from execution. All moneys paid to a school district under s. 20.255 (2) (ac), (bc), (cg), and (cr), and (r) shall be used by the school district solely for the purposes for which paid. Such moneys are exempt from execution, attachment, garnishment, or other process in favor of creditors, except as to claims for salaries or wages of teachers and other school employees and as to claims for school materials, supplies, fuel, and current repairs.

SB44, s. 2034 Section 2034. 121.07 (7) (b) of the statutes is amended to read:

SB44,826,10 121.07 (7) (b) The "secondary guaranteed valuation per member" is an amount, rounded to the next lower dollar, that, after subtraction of payments under ss. 121.09 and 121.85 (6) (b) 2. and 3. and (c), fully distributes an amount equal to the amount remaining in the appropriation appropriations under s. 20.255 (2) (ac) plus $75,000,000 in the 1997-98 school year and $100,000,000 in the 1998-99 school year for payments under ss. 121.08, 121.105, 121.85 (6) (a) and (g) and 121.86 and (r).

SB44, s. 2035 Section 2035. 121.08 (2) of the statutes is amended to read:

SB44,826,17 121.08 (2) The aid computed under sub. (1) shall be reduced by the sum of the amount by which the school district equalized valuation exceeds the secondary guaranteed valuation, multiplied by the secondary required levy rate, and the amount by which the school district equalized valuation exceeds the tertiary guaranteed valuation, multiplied by the tertiary required levy rate. In no case may the aid under this section be less than the amount under sub. (1) (a) zero.

SB44, s. 2036 Section 2036. 121.08 (4) (a) (intro.) of the statutes is amended to read:

SB44,826,21 121.08 (4) (a) (intro.) The amount of state aid that a school district is eligible to be paid from the appropriation appropriations under s. 20.255 (2) (ac) and (r) shall be reduced by the amount determined as follows:

SB44, s. 2037 Section 2037. 121.08 (4) (a) 2. of the statutes is amended to read:

SB44,827,2 121.08 (4) (a) 2. Divide the sum under subd. 1. by the total amount of state aid that all school districts are eligible to be paid from the appropriation appropriations under s. 20.255 (2) (ac) and (r), calculated as if the reduction under par. (b) had not occurred.

SB44, s. 2038 Section 2038. 121.08 (4) (a) 3. of the statutes is amended to read:

SB44,827,7 121.08 (4) (a) 3. Multiply the amount of state aid that the school district is eligible to be paid from the appropriation appropriations under s. 20.255 (2) (ac) and (r), calculated as if the reduction under par. (b) had not occurred, by the quotient under subd. 2.

SB44, s. 2039 Section 2039. 121.08 (4) (b) of the statutes is amended to read:

SB44,827,12 121.08 (4) (b) The amount of state aid that the school district operating under ch. 119 is eligible to be paid from the appropriation appropriations under s. 20.255 (2) (ac) and (r) shall also be reduced by 45% of the amounts paid under s. 119.23 (4) and (4m) in the current school year.

SB44, s. 2040 Section 2040. 121.09 (1) of the statutes is amended to read:

SB44,828,7 121.09 (1) If, on or after July 1, 1980, the office of the commissioner of tax appeals commission or a court makes a final redetermination on the assessment of property subject to taxation under s. 70.995 that is lower than the previous assessment, or if, on or after January 1, 1982, the state board of assessors makes a final redetermination on the assessment of property subject to taxation under s. 70.995 that is lower than the previous assessment, the school board of the school district in which the property is located may, within 4 years after the date of the determination, decision, or judgment, file the determination of the state board of assessors, the decision of the office of the commissioner of tax appeals commission, or the judgment of the court with the state superintendent, requesting an adjustment in state aid to the school district. If the state superintendent determines that the determination, decision, or judgment is final and that it has been filed within the 4-year period, the state shall pay to the school district in the subsequent fiscal year, from the appropriation under s. 20.255 (2) (ac), an amount equal to the difference between the state aid computed under s. 121.08 for the school year commencing after the year subject to the valuation recertification, using the school district's equalized valuation as originally certified, and the state aid computed under s. 121.08 for that school year using the school district's equalized valuation as recertified under s. 70.57 (2).

SB44, s. 2041 Section 2041. 121.09 (2) of the statutes is amended to read:

SB44,828,20 121.09 (2) If, on or after May 3, 1984, the state board of assessors, the office of the commissioner of tax appeals commission or a court makes a final redetermination on the assessment of property subject to taxation under s. 70.995 that is higher than the previous assessment, the state superintendent shall notify the school district in which the property is located of the recertification by the department of revenue under s. 70.57 (2). The state superintendent shall, in the subsequent fiscal year, withhold from the school district's state aid entitlement under s. 121.08 an amount equal to the difference between the state aid computed under s. 121.08 for the school year commencing after the year subject to the valuation recertification, using the school district's equalized valuation as originally certified, and the state aid computed under s. 121.08 for that school year, using the school district's equalized valuation as recertified under s. 70.57 (2).

SB44, s. 2042 Section 2042. 121.15 (3m) of the statutes is repealed.

SB44, s. 2043 Section 2043. 121.905 (1) of the statutes is amended to read:

SB44,828,25 121.905 (1) In this section, "revenue ceiling" means $6,700 $7,400 in the 2001-02 2003-04 school year and in any subsequent school year means $6,900 $7,800.

SB44, s. 2044 Section 2044. 125.14 (2) (e) of the statutes is amended to read:

SB44,829,15 125.14 (2) (e) Disposal. The department shall dispose of the alcohol beverages turned over to it by the court by either giving it to law enforcement agencies free of charge for use in criminal investigations, giving it to state-operated veterans' hospitals in amounts needed for medicinal purposes, selling it to the highest bidder if the bidder is a person holding a license or permit issued under this chapter, or destroying it, at the discretion of the department. If the department elects to sell the alcohol beverages, it shall publish a class 2 notice under ch. 985 asking for sealed bids from qualified bidders. Any items or groups of items in the inventory subject to a security interest, the existence of which was established in the proceedings for conviction as being bona fide and as having been created without the secured party having notice that the items were being used or were to be used in connection with the violation, shall be sold separately. The net proceeds from the sale, less all costs of seizure, storage, and sale, shall be turned over to the state treasurer secretary of administration and credited to the common school fund.

SB44, s. 2045 Section 2045. 125.14 (2) (f) of the statutes is amended to read:

SB44,830,6 125.14 (2) (f) Sale. Any personal property, other than alcohol beverages, seized under par. (a) and fit for sale, shall be turned over by the department to the department of administration for disposal at public auction to the highest bidder, at a time and place stated in a notice of sale which describes the property to be sold. The sale shall be held in a conveniently accessible place in the county where the property was confiscated. A copy of the notice shall be published as a class 2 notice under ch. 985. The last insertion shall be at least 10 days before the sale. The department of revenue shall serve a copy of the notice of sale at least 2 weeks before the date thereof on all persons who are or may be owners or holders of security interests in the property. Any confiscated property worth more than $100 shall be sold separately, and the balance of the confiscated property shall be sold in bulk or separately at the discretion of the department of administration. The net proceeds from the sale, less all costs of seizure, storage, and sale, shall be turned over to the state treasurer secretary of administration. No motor vehicle or motorboat confiscated under this section may be sold within 30 days after the date of seizure.

SB44, s. 2046 Section 2046. 134.50 (2) of the statutes is amended to read:

SB44,830,13 134.50 (2) Every poultry dealer shall keep a record of all purchases of poultry made by the poultry dealer showing in detail the place and date of purchase and the name and address of the person from whom the purchase was made, together with a general description of the kind of poultry purchased. Such record shall be kept in permanent form and be open to inspection at all reasonable times to any district attorney, assistant district attorney, sheriff, deputy sheriff or any police officer.

SB44, s. 2047 Section 2047. 134.71 (12) of the statutes is amended to read:

SB44,830,21 134.71 (12) Applications and forms. The department of agriculture, trade and consumer protection, in consultation with the department of justice, shall develop applications and other forms required under subs. (5) (intro.) and (8) (c). The department of agriculture, trade and consumer protection shall print a sufficient number of applications and forms to provide to counties and municipalities for distribution to pawnbrokers, secondhand article dealers and secondhand jewelry dealers at no cost.

SB44, s. 2048 Section 2048. 134.80 of the statutes is amended to read:

SB44,831,2 134.80 Home heating fuel dealers. Any dealer selling fuel of any kind for the purpose of heating a private residence shall notify each private residential customer whose account is subject to disconnection of the existence of the fuel assistance programs provided by the department of administration under s. 16.385 16.27.

SB44, s. 2049 Section 2049. 136.03 (title) of the statutes is amended to read:

SB44,831,5 136.03 (title) Duties of the department of agriculture, trade and consumer protection justice.

SB44, s. 2050 Section 2050. 136.03 (1) (intro.) of the statutes is amended to read:

SB44,831,11 136.03 (1) (intro.) The department of agriculture, trade and consumer protection justice shall investigate violations of this chapter and of rules and orders issued under s. 136.04. The department of justice may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12. The department of justice may in on behalf of the state:

SB44, s. 2051 Section 2051. 136.04 of the statutes is amended to read:

SB44,831,16 136.04 Powers of the department of agriculture, trade and consumer protection justice. (1) The department of agriculture, trade and consumer protection justice may adopt such rules as may be required to carry out the purposes of this chapter.

SB44,831,20 (2) The department of agriculture, trade and consumer protection justice after public hearing may issue general or special orders to carry out the purposes of this chapter and to determine and prohibit unfair trade practices in business or unfair methods of competition in business pursuant to s. 100.20 (2) to (4).

SB44, s. 2052 Section 2052. 138.052 (5) (am) 2. a. of the statutes is amended to read:

SB44,832,4 138.052 (5) (am) 2. a. On January 1, 1994, and annually thereafter Annually, the division of banking for banks, the division of savings institutions for savings and loan associations, and savings banks, and the office of credit unions for credit unions, shall determine the interest rate that is the average of the interest rates paid, rounded to the nearest one-hundredth of a percent, on regular passbook deposit accounts by institutions under the division's or office's jurisdiction at the close of the last quarterly reporting period that ended at least 30 days before the determination is made.

SB44, s. 2053 Section 2053. 138.052 (5) (am) 2. b. of the statutes is amended to read:

SB44,832,12 138.052 (5) (am) 2. b. The office of credit unions and the division of banking shall report the rate calculated to the division of savings institutions within Within 5 days after the date on which the determination is made. The, the division of savings institutions banking shall calculate the average, rounded to the nearest one-hundredth of a percent, of the 3 rates determined by the division of banking and the office of credit unions and report that interest rate to the revisor of statutes within 5 days after the date on which the determination is made.

SB44, s. 2054 Section 2054. 138.055 (4) (a) of the statutes is repealed.

SB44, s. 2055 Section 2055. 138.056 (1) (a) 4. a. of the statutes is repealed.

SB44, s. 2056 Section 2056. 139.10 (title) of the statutes is amended to read:

SB44,832,16 139.10 (title) Refunds by state treasurer secretary of administration.

SB44, s. 2057 Section 2057. 139.10 (1) of the statutes is amended to read:

SB44,832,23 139.10 (1) On the certificate of the secretary, the state treasurer secretary of administration shall refund to any purchaser or any banking institution in Wisconsin the tax paid on intoxicating liquor or on whole cases or full kegs of fermented malt beverages which are spoiled or unfit to drink and the tax paid on fermented malt beverages sold to the U.S. armed forces or the secretary may make allowance of the amount of the tax.

SB44, s. 2058 Section 2058. 139.39 (4) of the statutes is amended to read:

SB44,833,9 139.39 (4) No suit shall be maintained in any court to restrain or delay the collection or payment of the tax levied in s. 139.31. The aggrieved taxpayer shall pay the tax when due and, if paid under protest, may at any time within 90 days from the date of payment, sue the state to recover the tax paid. If it is finally determined that any part of the tax was wrongfully collected, the department secretary of administration shall issue a warrant on the state treasurer for pay the amount wrongfully collected, and the treasurer shall pay the same out of the general fund. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as may have been made.

SB44, s. 2059 Section 2059. 146.185 (1) (i) of the statutes is amended to read:

SB44,833,11 146.185 (1) (i) "State agency" has the meaning given in s. 16.70 (1) (1e).

SB44, s. 2060 Section 2060. 146.59 (3) (b) of the statutes is amended to read:

SB44,833,16 146.59 (3) (b) Any authorization under par. (a) shall comply with all applicable provisions of subch. V of ch. 111 and ch. 230, any delegation of authority by the department of employment relations administration to the board, and any collective bargaining agreement with respect to employees of the board.

SB44, s. 2061 Section 2061. 146.65 (1) (a) and (b) of the statutes are amended to read:

SB44,833,22 146.65 (1) (a) In state fiscal year 2001-02, not more than $618,000 and in fiscal year 2002-03 each fiscal year, not more than $232,000, to the rural health dental clinic located in Ladysmith that provides dental services to persons who are developmentally disabled or elderly or who have low income, in the counties of Rusk, Price, Taylor, Sawyer, and Chippewa.

SB44,834,2 (b) In fiscal year 2001-02, not more than $294,500 and in state fiscal year 2002-03 each fiscal year, not more than $355,600, to the rural health dental clinic located in Menomonie that provides dental services to persons who are developmentally disabled or elderly or who have low income, in the counties of Barron, Chippewa, Dunn, Pepin, Pierce, Polk, and St. Croix.

SB44, s. 2062 Section 2062. 146.93 of the statutes is repealed.

SB44, s. 2063 Section 2063. 146.946 of the statutes is created to read:

SB44,834,6 146.946 Pharmacy benefits purchasing pool for governmental units. (1) In this section:

SB44,834,7 (a) "Brand name" has the meaning given in s. 450.12 (1) (a).

SB44,834,8 (b) "Generic name" has the meaning given in s. 450.12 (1) (b).

SB44,834,15 (c) "Governmental unit" means the state, including any body in state government created or authorized to be created by the constitution or any law; an instrumentality of the state or any corporation or other body created by the state; a political subdivision of the state; a special purpose district in this state; an instrumentality, corporation, or other body of a political subdivision or special purpose district; and any combination or subunit of any of the foregoing or of an instrumentality of the state and any of the foregoing.

SB44,834,16 (d) "Prescription drug" has the meaning given in s. 450.01 (20).

SB44,835,3 (2) Beginning on January 1, 2005, each governmental unit that offers or is required to provide health insurance coverage to any of its employees shall, together with every other such governmental unit, develop a common purchasing pool for pharmacy benefits that uses a preferred list of covered prescription drugs. The governmental units shall seek to develop the preferred list of covered prescription drugs under an evidence-based analysis that first identifies the relative effectiveness of prescription drugs within therapeutic classes for particular diseases and conditions and next identifies the least costly prescription drugs, including prescription drugs with generic names that are alternatives to prescription drugs with brand names, among those found to be equally effective. After the purchasing pool is developed, the pool shall be available to an employer to whom all of the following apply:

SB44,835,4 (a) The employer is not a governmental unit.

SB44,835,6 (b) The employer provides health insurance coverage to any of the employer's employees.

SB44,835,7 (c) The governor requests the employer's participation in the pool.

SB44, s. 2064 Section 2064. 146.997 (4) (a) of the statutes is amended to read: