AB40: Bill Text

AB40, s. 2570 Section 2570. 121.02 (1) (n) of the statutes is repealed.

AB40, s. 2571 Section 2571. 121.08 (4) (a) 1. of the statutes is amended to read:

AB40,1002,9 121.08 (4) (a) 1. In the 2009-10 and 2010-11 school year, add Add the amounts paid under s. 118.40 (2r) in the current school year, and in the 2011-12 school year and each school year thereafter, add the amounts paid under s. 118.40 (2r) in the 2010-11 school year.

AB40, s. 2572 Section 2572. 121.23 (2) (intro.) of the statutes is amended to read:

AB40,1002,16 121.23 (2) (intro.) If a school district holds less than 180 days of school fails to provide the number of hours of direct pupil instruction specified under s. 121.02 (1) (f) as the result of a strike by school district employees, for the purposes of computing general aid, the state superintendent shall compute the school district's primary and secondary ceiling costs per member in accordance with the procedure specified in pars. (a) to (e). In making the calculation, the state superintendent shall:

AB40, s. 2573 Section 2573. 121.55 (3) (b) of the statutes is amended to read:

AB40,1002,25 121.55 (3) (b) Except as provided in par. (c), if 2 or more pupils reside in the same household and attend the same private school, the contract under par. (a) may, at the discretion of the school board of the school district operating under ch. 119, provide for a total annual payment for all such pupils of not less than $5 times the distance in miles between the pupils' residence and the private school they attend, or the school district's average cost per pupil for bus transportation in the previous year exclusive of transportation for kindergarten pupils during the noon hour and for pupils with disabilities, whichever is greater.

AB40, s. 2574 Section 2574. 121.905 (1) of the statutes is amended to read:

AB40,1003,4 121.905 (1) In this section, "revenue ceiling" means $9,000 in the 2009-10 school year and in the 2010-11 school year and $9,800 $8,900 in the 2011-12 school year and in any subsequent school year.

AB40, s. 2575 Section 2575. 121.905 (3) (c) 3r. of the statutes is repealed.

AB40, s. 2576 Section 2576. 121.905 (3) (c) 4. of the statutes is repealed.

AB40, s. 2577 Section 2577. 121.91 (2m) (e) (intro.) of the statutes is amended to read:

AB40,1003,10 121.91 (2m) (e) (intro.) Except as provided in subs. (3), and (4), and (8), no school district may increase its revenues for the 2008-09 school year to an amount that exceeds the amount calculated as follows:

AB40, s. 2578 Section 2578. 121.91 (2m) (f) (intro.) of the statutes is amended to read:

AB40,1003,14 121.91 (2m) (f) (intro.) Except as provided in subs. (3), and (4), and (8), no school district may increase its revenues for the 2009-10 school year or for the 2010-11 school year to an amount that exceeds the amount calculated as follows:

AB40, s. 2579 Section 2579. 121.91 (2m) (g) (intro.) of the statutes is amended to read:

AB40,1003,18 121.91 (2m) (g) (intro.) Except as provided in subs. (3), and (4), and (8), no school district may increase its revenues for the 2011-12 school year to an amount that exceeds the amount calculated as follows:

AB40, s. 2580 Section 2580. 121.91 (2m) (g) 2. of the statutes is repealed.

AB40, s. 2581 Section 2581. 121.91 (2m) (g) 3. of the statutes is amended to read:

AB40,1003,22 121.91 (2m) (g) 3. Multiply the result under subd. 2. 1. by the average of the number of pupils enrolled in the current and the 2 preceding school years.

AB40, s. 2582 Section 2582. 121.91 (2m) (g) 4. of the statutes is created to read:

AB40,1003,24 121.91 (2m) (g) 4. Multiply the result under subd. 3. by 0.055.

AB40, s. 2583 Section 2583. 121.91 (2m) (g) 5. of the statutes is created to read:

AB40,1004,2 121.91 (2m) (g) 5. Subtract the product under subd. 4. from the result under subd. 3.

AB40, s. 2584 Section 2584. 121.91 (2m) (h) (intro.) of the statutes is amended to read:

AB40,1004,6 121.91 (2m) (h) (intro.) Except as provided in subs. (3), and (4), and (8), no school district may increase its revenues for the 2012-13 school year or for any school year thereafter to an amount that exceeds the amount calculated as follows:

AB40, s. 2585 Section 2585. 121.91 (2m) (h) 2. of the statutes is repealed.

AB40, s. 2586 Section 2586. 121.91 (2m) (h) 3. of the statutes is repealed.

AB40, s. 2587 Section 2587. 121.91 (2m) (h) 4. of the statutes is amended to read:

AB40,1004,11 121.91 (2m) (h) 4. Multiply the result under subd. 3. 1. by the average of the number of pupils enrolled in the current and the 2 preceding school years.

AB40, s. 2588 Section 2588. 121.91 (2m) (r) 1. b. of the statutes is repealed.

AB40, s. 2589 Section 2589. 121.91 (2m) (r) 1. c. of the statutes is amended to read:

AB40,1004,18 121.91 (2m) (r) 1. c. Multiply the result under subd. 1. b. a. by the number of pupils who in the previous school year were enrolled in a school district from which territory was detached to create the new school district and who resided in the detached territory, or by the number of pupils enrolled in the new school district in the current school year, whichever is greater.

AB40, s. 2590 Section 2590. 121.91 (2m) (r) 1. d. of the statutes is created to read:

AB40,1004,21 121.91 (2m) (r) 1. d. In the 2011-12 school year, multiply the result under subd. 1. c. by 0.055. In the 2012-13 school year, multiply the result under subd. 1. c. by 1.0.

AB40, s. 2591 Section 2591. 121.91 (2m) (r) 1. e. of the statutes is created to read:

AB40,1004,24 121.91 (2m) (r) 1. e. Subtract the product of subd. 1. d. from the result under subd. 1. c.

AB40, s. 2592 Section 2592. 121.91 (2m) (s) 1. b. of the statutes is repealed.

AB40, s. 2593 Section 2593. 121.91 (2m) (s) 1. c. of the statutes is amended to read:

AB40,1005,5 121.91 (2m) (s) 1. c. Multiply the result under subd. 1. b. a. by the number of pupils who in the previous school year were enrolled in the school district and who did not reside in the detached territory, or by the number of pupils enrolled in the school district in the current school year, whichever is greater.

AB40, s. 2594 Section 2594. 121.91 (2m) (s) 1. d. of the statutes is created to read:

AB40,1005,8 121.91 (2m) (s) 1. d. In the 2011-12 school year, multiply the result under subd. 1. c. by 0.055. In the 2012-13 school year, multiply the result under subd. 1. c. by 1.0.

AB40, s. 2595 Section 2595. 121.91 (2m) (s) 1. e. of the statutes is created to read:

AB40,1005,11 121.91 (2m) (s) 1. e. Subtract the product of subd. 1. d. from the result under subd. 1. c.

AB40, s. 2596 Section 2596. 121.91 (2m) (t) 1. (intro.) of the statutes is amended to read:

AB40,1005,17 121.91 (2m) (t) 1. (intro.) If 2 or more school districts are consolidated under s. 117.08 or 117.09, except as follows, in the 2011-12 school year, the consolidated school district's revenue limit shall be determined as provided under par. (e) except as follows (g) and in the 2012-13 school year, the consolidated school district's revenue limit shall be determined as provided under par. (h):

AB40, s. 2597 Section 2597. 121.91 (4) (d) of the statutes is repealed.

AB40, s. 2598 Section 2598. 121.91 (4) (L) of the statutes is repealed.

AB40, s. 2599 Section 2599. 121.91 (4) (m) of the statutes is repealed.

AB40, s. 2600 Section 2600. 121.91 (4) (n) of the statutes is repealed.

AB40, s. 2601 Section 2601. 121.91 (4) (p) of the statutes is created to read:

AB40,1006,2 121.91 (4) (p) The limit otherwise applicable to a school district under sub. (2m) in any school year is increased by the amount of any reduction to that school district's state aid payment made under s. 118.51 (16) (b) 2. and (c) in the previous school year for a pupil who was not included in the calculation of the number of pupils enrolled in that school district in the previous school year.

AB40, s. 2602 Section 2602. 121.91 (7) of the statutes is amended to read:

AB40,1006,9 121.91 (7) Except as provided in sub. (4) (f) 2. and (L) to (o) and (8), if an excess revenue is approved under sub. (3) for a recurring purpose or allowed under sub. (4), the excess revenue shall be included in the base for determining the limit for the next school year for purposes of this section. If an excess revenue is approved under sub. (3) for a nonrecurring purpose, the excess revenue shall not be included in the base for determining the limit for the next school year for purposes of this section.

AB40, s. 2603 Section 2603. 121.91 (8) of the statutes is repealed.

AB40, s. 2604 Section 2604. 125.02 (3m) of the statutes is amended to read:

AB40,1006,13 125.02 (3m) "Campus" has the meaning given under s. 36.05 (3) and s. 37.01 (4).

AB40, s. 2605 Section 2605. 132.001 (1m) of the statutes is created to read:

AB40,1006,15 132.001 (1m) "Department" means the department of financial institutions.

AB40, s. 2606 Section 2606. 132.01 (1) of the statutes is amended to read:

AB40,1007,15 132.01 (1) Any person, firm, partnership, corporation, association, or union of workingmen, which has heretofore adopted or used or shall hereafter adopt or use any mark for the purpose of designating, making known, or distinguishing any goods, wares, merchandise, service, business, or other product of labor or manufacture as having been made, manufactured, produced, prepared, packed, or put on sale by such person, firm, partnership, corporation, association, or union of workingmen, or by a member or members thereof, he, she, or they, if residents of this or any other state of the United States, and such foreign corporations as may have been duly licensed to transact business in the state of Wisconsin, may file an original, a copy, or photographs, or cuts with specifications of the same for record in the office of the secretary of state with the department, by leaving 2 such originals, copies, photographs, or cuts with specifications, the same being counterparts, facsimiles, or drawings thereof, with said secretary the department and by filing therewith a sworn statement, in such form as may be prescribed by the secretary of state department, specifying the name of the person, firm, partnership, corporation, association, or union of workingmen, on whose behalf such mark is to be filed, the class of merchandise and a separate description of the goods to which the same has been or is intended to be appropriated, the residence, location, or place of business of such party, that the party, on whose behalf such mark is to be filed, has the right to the use of the same, and that no other person, or persons, firm, partnership, corporation, association, or union of workingmen has such right either in the identical form or in any such near resemblance thereto as may be calculated to deceive, and that the originals, copies, photographs, or cuts, counterparts, facsimiles, or drawings filed therewith are correct.

AB40, s. 2607 Section 2607. 132.01 (3) of the statutes is amended to read:

AB40,1007,18 132.01 (3) For an original or renewal registration, or the recording of an assignment, there shall be paid to the secretary of state department the fee of $15.

AB40, s. 2608 Section 2608. 132.01 (5) of the statutes is amended to read:

AB40,1007,22 132.01 (5) The secretary of state department may not register any mark which consists of or comprises a replica or simulation of the flag, coat of arms, or insignia of the United States of America, or of any state or municipality or any foreign nation.

AB40, s. 2609 Section 2609. 132.01 (6) of the statutes is amended to read:

AB40,1008,4 132.01 (6) (a) A registration recorded or renewed under this section or s. 132.04 or 132.11 before May 1, 1990, is effective for 20 years. A registration may be renewed on or after May 1, 1990, for 10-year periods upon application to the secretary of state department and payment of the same fee required for a registration. Application for renewal shall be made within 6 months before the expiration of the 20-year registration period or 10-year renewal period specified in this paragraph.

AB40,1008,9 (b) A registration recorded under this section or s. 132.04 or 132.11 on or after May 1, 1990, is effective for 10 years. A registration may be renewed for 10-year periods upon application to the secretary of state department and payment of the same fee required for a registration. Application for renewal shall be made within 6 months before the expiration of the 10-year period specified in this paragraph.

AB40, s. 2610 Section 2610. 132.01 (7) (intro.) of the statutes is amended to read:

AB40,1008,12 132.01 (7) (intro.) The secretary of state department shall do all of the following:

AB40, s. 2611 Section 2611. 132.01 (7) (b) of the statutes is amended to read:

AB40,1008,16 132.01 (7) (b) Cancel from his or her register a registration of a mark under this section upon the request of the registrant of the mark. The secretary of state department may not charge a fee for canceling a registration under this paragraph.

AB40, s. 2612 Section 2612. 132.01 (8) of the statutes is amended to read:

AB40,1009,2 132.01 (8) Any person, firm, partnership, corporation, association or union who claims a right to the use of subject matter conflicting with any registration by another may bring action against such other in the circuit court for the county in which such other resides, or in the circuit court for Dane County, and in any such action the right to the use and registration of such subject matter shall be determined as between the parties, and registration shall be granted or withheld or canceled by the secretary of state department in accordance with the final judgment in any such action. Nonuser for a period of at least 2 years continuing to the date of commencement of any action in which abandonment is in issue shall be prima facie evidence of abandonment to the extent of such nonuser.

AB40, s. 2613 Section 2613. 132.01 (9) of the statutes is amended to read:

AB40,1009,12 132.01 (9) Title to any registration hereunder shall pass to any person, firm or corporation succeeding to the registrant's business to which such registration pertains. Written assignments of any such registration from a registrant to such a successor may be filed with and shall be recorded by the secretary of state department upon payment of the fee specified in sub. (3). When such assignment is recorded, a new registration shall be entered in the name of the assignee, and on such registration and any subsequent certificates or registration of an assigned registration the secretary of state department shall show the previous ownership and dates of assignment thereof.

AB40, s. 2614 Section 2614. 132.031 of the statutes is amended to read:

AB40,1009,21 132.031 Certificate; evidence. The secretary of state department shall deliver to the person, corporation, association or union so filing or causing to be filed any such mark, or any assignment of such subject matter previously registered, or to any person, corporation, association or union renewing a registration, as many duly attested certificates of the registration or renewal of the same as may be desired. Any such certificate shall, in all suits and prosecutions arising out of or depending upon any rights claimed under such mark, be prima facie evidence of the adoption thereof and of the facts prerequisite to registrations thereof as required by s. 132.01.

AB40, s. 2615 Section 2615. 132.04 (1) of the statutes is amended to read:

AB40,1010,11 132.04 (1) Any person who is the owner of cans, tubs, firkins, boxes, bottles, casks, barrels, kegs, cartons, tanks, fountains, vessels or containers with his or her names, brands, designs, trademarks, devices or other marks of ownership stamped, impressed, labeled, blown in or otherwise marked thereon, may file with the secretary of state department and record with the register of deeds of any county in which the person has his or her principal place of business, a written statement or description verified by affidavit of the owner or his or her agent, of the names, brands, designs, trademarks, devices or other marks of ownership used by him or her, and of the articles upon which they are used, or if the principal place of business is outside the state, then a written statement or verified description may be recorded with the register of deeds of any county. The statement shall be published as a class 3 notice, under ch. 985, in the county, and a copy of the publication, proved as provided in s. 985.12, shall also be filed with the secretary of state department and recorded with the register of deeds.

AB40, s. 2616 Section 2616. 132.04 (2) of the statutes is amended to read:

AB40,1010,23 132.04 (2) All such written statements or descriptions and all such certificates of publication so filed or recorded shall be subject at all reasonable hours to public inspection. The secretary of state department and the register of deeds shall deliver to all applicants certified copies of all such written statements or descriptions or names, brands, designs, trademarks, devices, or other marks of ownership and of all certificates of publication filed or recorded with them and such certified copies shall be admissible in evidence in all prosecutions under ss. 132.04 to 132.08, and shall be prima facie evidence that this section has been complied with, and of the title of the owner named therein to the property upon which the name, brand, design, trademark, device, or other marks of ownership of the owner appear as described therein.

AB40, s. 2617 Section 2617. 132.04 (3) of the statutes is amended to read:

AB40,1011,5 132.04 (3) The secretary of state department shall receive a fee of $15 and the register of deeds shall receive the fee specified in s. 59.43 (2) (ag) or (e) for each statement and certificate of publication filed or recorded and shall also receive the fee specified in s. 59.43 (2) (b) for each certified copy of such statement and certificate of publication, to be paid for by the person filing, recording or applying for the same.

AB40, s. 2618 Section 2618. 132.04 (4) of the statutes is amended to read:

AB40,1011,10 132.04 (4) (a) The secretary of state department and register of deeds shall cancel a statement or description under this section upon the request of the person named in the records of the secretary of state department or register of deeds as the owner of marks of ownership described in the statement or description.

AB40,1011,12 (b) The secretary of state department and register of deeds may not charge a fee for canceling a statement or description under par. (a).