AB50: Bill Text

AB50,2130 Section 2130. 119.23 (7) (g) 2. of the statutes is amended to read:

AB50,1074,21 119.23 (7) (g) 2. By the first day of the 12th month beginning after the month in which the department establishes the model management plan and practices for maintaining indoor environmental quality in public and private schools under s. 118.075 (3), or by the beginning of the 2nd school year of participation in the program under this section, whichever is later, the private school shall implement a plan for maintaining indoor environmental quality in the private school. By July 1, 2027, or by the beginning of the 2nd school year of participation in the program under this section, whichever is later, the private school shall provide a carbon monoxide detector, as defined in s. 101.149 (1) (am), in each room of the private school that contains a fuel-burning, forced-air furnace or a boiler, and as otherwise required by the department of safety and professional services or a person certified under s. 101.12 (4) or 101.14 (4r) and reasonably maintain every carbon monoxide detector in the private school in the manner specified in the instructions for the carbon monoxide detector.

AB50,2131 Section 2131. 120.12 (15) of the statutes is amended to read:

AB50,1075,4 120.12 (15) School hours. Establish rules scheduling the hours of a normal school day. The school board may differentiate between the various elementary and high school grades in scheduling the school day. This subsection does not eliminate a school district’s duty under subch. IV of ch. 111 to bargain with its employees’ collective bargaining representative over any calendaring proposal which is primarily related to wages, hours, or conditions of employment.

AB50,2132 Section 2132. 120.13 (2) (g) of the statutes is amended to read:

AB50,1075,10 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.722, 632.729, 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.7498, 632.798, 632.848, 632.85, 632.851, 632.853, 632.855, 632.861, 632.862, 632.867, 632.87 (4) to (6) (8), 632.871, 632.885, 632.89, 632.891, 632.895 (9) to (17), 632.896, and 767.513 (4).

AB50,2133 Section 2133. 120.18 (1) (gm) of the statutes is amended to read:

AB50,1076,2 120.18 (1) (gm) Payroll and related benefit costs for all school district employees in the previous school year. Payroll costs Costs for represented employees shall be based upon the costs of wages of any collective bargaining agreements covering such employees for the previous school year. If, as of the time specified by the department for filing the report, the school district has not entered into a collective bargaining agreement for any portion of the previous school year with the recognized or certified representative of any of its employees, increased costs of wages reflected in the report shall be equal to the maximum wage expenditure that is subject to collective bargaining under s. 111.70 (4) (mb) 2. for the employees limited to the lower of the school district’s offer or the representative’s offer. The school district shall amend the annual report to reflect any change in such costs as a result of any collective bargaining agreement entered into between the date of filing the report and October 1. Any such amendment shall be concurred in by the certified public accountant licensed or certified under ch. 442 certifying the school district audit.

AB50,2134 Section 2134. 121.004 (7) (c) 1. a. of the statutes is amended to read:

AB50,1076,7 121.004 (7) (c) 1. a. A pupil enrolled in a 5-year-old kindergarten program that requires full-day attendance by the pupil for 5 days a week, but not on any day of the week that pupils enrolled in other grades in the school do not attend school, for an entire school term shall be counted as one pupil.

AB50,2135 Section 2135. 121.004 (7) (c) 2. of the statutes is amended to read:

AB50,1076,11 121.004 (7) (c) 2. In subd. 1. a. and b., “full-day” means the length of the school day for pupils in the first grade of the school district operating the 4-year-old or 5-year-old kindergarten program.

AB50,2136 Section 2136. 121.004 (7) (cm) of the statutes is amended to read:

AB50,1076,19 121.004 (7) (cm) A pupil enrolled in a 4-year-old kindergarten program, including a 4-year-old kindergarten program being phased in under s. 118.14 (3) (b), that provides the required number of hours of direct pupil instruction under s. 121.02 (1) (f) but requires less than full-day attendance by the pupil for 5 days a week shall be counted as 0.6 pupil if the program annually provides at least 87.5 additional hours of outreach activities. In this paragraph, “full-day” has the meaning given in par. (c) 2.

AB50,2137 Section 2137. 121.02 (1) (im) of the statutes is created to read:

AB50,1076,22 121.02 (1) (im) Provide period products to any pupil who needs them while at school, at no charge to the pupil.

AB50,2138 Section 2138. 121.02 (1) (L) 9. of the statutes is created to read:

AB50,1077,3 121.02 (1) (L) 9. Make available to pupils in grades 9 to 12 at least one computer science course that includes concepts in computer programming or coding.

AB50,2139 Section 2139. 121.105 (2) (am) 1. of the statutes is amended to read:

AB50,1077,11 121.105 (2) (am) 1. Except as provided in subd. 2., if a school district would receive less in state aid in the current school year before any adjustment is made under s. 121.15 (4) (b) than an amount equal to 85 90 percent of the amount of state aid that it received in the previous school year, as adjusted under s. 121.15 (4) (b) in the current school year, its state aid for the current school year shall be increased to an amount equal to 85 90 percent of the state aid received in the previous school year.

AB50,2140 Section 2140. 121.105 (2) (am) 2. (intro.) of the statutes is amended to read:

AB50,1077,19 121.105 (2) (am) 2. (intro.) If a school district from which territory was detached to create a new school district under s. 117.105 would receive in state aid in the school year beginning on the first July 1 following the effective date of the reorganization less than 85 90 percent of the amount determined as follows, its state aid in the school year beginning on the first July 1 following the effective date of the reorganization shall be increased to an amount equal to 85 90 percent of the amount determined as follows:

AB50,2141 Section 2141. 121.58 (2) (a) 4. of the statutes is amended to read:

AB50,1078,2 121.58 (2) (a) 4. For each pupil so transported whose residence is more than 12 miles from the school attended, $300 $400 per school year in the 2016-17 school year and $365 for the 2020-21 2024-25 school year. The amount for the 2021-22 school year and the 2022-23 school year is $375. The amount for each school year thereafter is $400 $450.

AB50,2142 Section 2142. 121.59 (2) (a) of the statutes is amended to read:

AB50,1078,6 121.59 (2) (a) Divide the statewide school district transportation costs in the previous school year by the statewide membership in the previous school year and multiply the quotient by 1.4 1.35.

AB50,2143 Section 2143. 121.84 (4) (b) of the statutes is amended to read:

AB50,1078,12 121.84 (4) (b) If a pupil attends school in a school district outside the pupil’s school district of residence under par. (a), s. 118.51 (12) (b), (14), (16), and (17) apply to the pupil as if the pupil were attending school in a nonresident school district under s. 118.51. If the pupil is rejected as a result of s. 118.51 (12) (b), s. 118.51 (9) applies.

AB50,2144 Section 2144. 121.90 (2) (am) 2. of the statutes is amended to read:

AB50,1078,17 121.90 (2) (am) 2. Amounts under ss. 79.095 (4) and, 79.096, 79.0965, and 79.098 for the current school year, not including payments received under s. 79.096 (3), 79.0965 (3), or 79.098 (3) for a tax incremental district that has been terminated.

AB50,2145 Section 2145. 121.905 (1) of the statutes is repealed and recreated to read:

AB50,1078,22 121.905 (1) In this section, “revenue ceiling” means $10,000 in the 2021-22 and 2022-23 school years, $11,000 in the 2023-24 and 2024-25 school years, $12,000 in the 2025-26 school year, and $12,400 in the 2026‑27 school year and in any subsequent school year.

AB50,2146 Section 2146. 121.905 (3) (c) 6. of the statutes is amended to read:

AB50,1079,2 121.905 (3) (c) 6. For the limit for each of the 2015-16 to 2018-19 school years, and for the 2021-22 school year, and for any school year thereafter, make no adjustment to the result under par. (b).

AB50,2147 Section 2147. 121.905 (3) (c) 9. of the statutes is amended to read:

AB50,1079,5 121.905 (3) (c) 9. For the limit for 2023-2425, add $325 the amount under s. 121.91 (2m) (j) 2m. to the result under par. (b).

AB50,2148 Section 2148. 121.91 (2m) (j) 2. of the statutes is repealed.

AB50,2149 Section 2149. 121.91 (2m) (j) 2m. of the statutes is amended to read:

AB50,1079,11 121.91 (2m) (j) 2m. In 2023-2425, add $146 $325, in the 2023-24 to 2025-26 school years and beginning in the 2026-27 school year, add the amount under this subdivision in the previous school year by the sum of 1.0 plus the allowable rate of increase under s. 73.0305 expressed as a decimal.

AB50,2150 Section 2150. 121.91 (2m) (j) 3. of the statutes is amended to read:

AB50,1079,15 121.91 (2m) (j) 3. Multiply the result under subd. 2. or 2m., whichever is applicable, by the average of the number of pupils enrolled in the current school year and the 2 preceding school years.

AB50,2151 Section 2151. 121.91 (2m) (r) 1. b. of the statutes is amended to read:

AB50,1080,5 121.91 (2m) (r) 1. b. Add an amount equal to the amount of revenue increase per pupil allowed under this subsection for the previous school year multiplied by the sum of 1.0 plus the allowable rate of increase under s. 73.0305 expressed as a decimal to the result under subd. 1. a., except that in calculating the limit for the 2013-14 school year and the 2014-15 school year, add $75 to the result under subd. 1. a., in calculating the limit for the 2019-20 school year, add $175 to the result under subd. 1. a., in calculating the limit for the 2020-21 school year, add $179 to the result under subd. 1. a., and in calculating the limit for the 2023-24 school year and the 2024-25 each school year, add $325 thereafter, add the amount under par. (j) 2m. for that school year to the result under subd. 1. a. In the 2015-16 to 2018-19 school years, the 2021-22 school year, and the 2022-23 school year, the 2025-26 school year, and any school year thereafter, make no adjustment to the result under subd. 1. a.

AB50,2152 Section 2152. 121.91 (2m) (s) 1. b. of the statutes is amended to read:

AB50,1080,19 121.91 (2m) (s) 1. b. Add an amount equal to the amount of revenue increase per pupil allowed under this subsection for the previous school year multiplied by the sum of 1.0 plus the allowable rate of increase under s. 73.0305 expressed as a decimal to the result under subd. 1. a., except that in calculating the limit for the 2013-14 school year and the 2014-15 school year, add $75 to the result under subd. 1. a., in calculating the limit for the 2019-20 school year, add $175 to the result under subd. 1. a., in calculating the limit for the 2020-21 school year, add $179 to the result under subd. 1. a., and in calculating the limit for the 2023-24 school year and the 2024-25 each school year, add $325 thereafter, add the amount under par. (j) 2m. for that school year to the result under subd. 1. a. In the 2015-16 to 2018-19 school years, the 2021-22 school year, and the 2022-23 school year, the 2025-26 school year, and any school year thereafter, make no adjustment to the result under subd. 1. a.

AB50,2153 Section 2153. 121.91 (4) (p) 1. of the statutes is amended to read:

AB50,1081,2 121.91 (4) (p) 1. 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) or (17) (c) 2. or (cm) 2. or s. 118.51 (17) (cm) 2., 2023 stats., 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.

AB50,2154 Section 2154. 125.025 (5) of the statutes is created to read:

AB50,1081,7 125.025 (5) Fees. All fees collected by the division in connection with permits issued under this chapter, including permit fees and other associated administrative fees, shall be credited to the appropriation account under s. 20.566 (9) (g).

AB50,2155 Section 2155. 125.06 (6) of the statutes is amended to read:

AB50,1081,12 125.06 (6) Public parks. The sale of fermented malt beverages and wine in any public park operated by a county or municipality. Fermented malt beverages and wine shall be sold by officers or employees of the county or municipality under an ordinance, resolution, rule or regulation enacted by the governing body.

AB50,2156 Section 2156. 125.07 (4) (d) of the statutes is amended to read:

AB50,1081,17 125.07 (4) (d) A person who is under 17 years of age a minor on the date of disposition is subject to s. 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 938.344 (3).

AB50,2157 Section 2157. 125.07 (4) (e) 1. of the statutes is amended to read:

AB50,1081,20 125.07 (4) (e) 1. In this paragraph, “defendant” means a person found guilty of violating par. (a) or (b) who is 17, 18, 19 or 20 an adult under 21 years of age.

AB50,2158 Section 2158. 125.085 (3) (bt) of the statutes is amended to read:

AB50,1082,2 125.085 (3) (bt) A person who is under 17 years of age a minor on the date of disposition is subject to s. 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 938.344 (3).

AB50,2159 Section 2159. 125.09 (6) of the statutes is amended to read:

AB50,1082,7 125.09 (6) Municipal stores sales. No municipality may engage in the sale of alcohol beverages, except as authorized under s. ss. 125.06 (6) and 125.26 (6). This subsection does not apply to municipal stores in operation on November 6, 1969.

AB50,2160 Section 2160. 125.28 (4) of the statutes is amended to read:

AB50,1082,14 125.28 (4) The amount of the permit fee shall be established by the division and shall be an amount that is sufficient to fund one special agent position dedicated to alcohol and tobacco enforcement in the division, but the permit fee but may not exceed $2,500 per year or fractional part thereof. All permit fees received under this subsection shall be credited to the appropriation account under s. 20.566 (1) (hd).

AB50,2161 Section 2161. 125.535 (2) of the statutes is amended to read:

AB50,1082,19 125.535 (2) Annual permit fee. The division may, by rule, establish an annual fee, not to exceed $100, for each permit issued under this section. All fees collected under this subsection shall be credited to the appropriation account under s. 20.566 (1) (ha).

AB50,2162 Section 2162. 125.69 (4) (e) of the statutes is amended to read:

AB50,1083,2 125.69 (4) (e) Costs. The cost of administering this subsection shall be charged to the manufacturer, rectifier and wholesaler permittees. The division shall determine the costs and shall establish the procedure for apportioning the cost against the permittees and provide for the method of payment to the division. All moneys collected by the division under this paragraph shall be credited to the appropriation account under s. 20.566 (9) (g).

AB50,2163 Section 2163. 139.06 (1) (a) of the statutes is amended to read:

AB50,1083,10 139.06 (1) (a) The taxes imposed under s. 139.03 (intro.) on intoxicating liquor at the rates under s. 139.03 (2m) shall be paid to, and a monthly return filed with, the department of revenue on or before the 15th of the month following the month in which the tax liability is incurred. An administrative fee of 11 cents per gallon on intoxicating liquor taxed at the rates under s. 139.03 (2m) is imposed, shall be paid along with the taxes and shall be deposited in credited to the appropriation under s. 20.566 (1) (ha) (9) (g).

AB50,2164 Section 2164. 139.44 (4) of the statutes is amended to read:

AB50,1083,15 139.44 (4) Any person who refuses to permit the examination or inspection authorized in s. 139.39 (2) or 139.83 (1) may be fined not more than $500 or imprisoned not more than 90 days or both. Such refusal shall be cause for immediate suspension or revocation of permit by the secretary.

AB50,2165 Section 2165. Subchapter III (title) of chapter 139 [precedes 139.75] of the statutes is amended to read:

AB50,1083,18 CHAPTER 139

AB50,1083,21 SUBCHAPTER III TOBACCO PRODUCTS TAX AND VAPOR PRODUCTS TAXES

AB50,2166 Section 2166. 139.75 (4t) of the statutes is created to read:

AB50,1083,24 139.75 (4t) “Little cigar” means a cigar that has an integrated cellulose acetate filter and is wrapped in a substance containing tobacco.

AB50,2167 Section 2167. 139.75 (12) of the statutes is amended to read:

AB50,1084,9 139.75 (12) “Tobacco products” means cigars; little cigars; pipe tobacco; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready-rubbed and other smoking tobacco; snuff, including moist snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco and other kinds and forms of tobacco prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking; but “tobacco products” does not include cigarettes, as defined under s. 139.30 (1m).

AB50,2168 Section 2168. 139.75 (14) of the statutes is renumbered 139.75 (14) (a) and amended to read:

AB50,1084,18 139.75 (14) (a) “Vapor product” means a noncombustible product that produces vapor or aerosol for inhalation from the application of a heating element to a liquid or other substance that is depleted as the product is used, regardless of whether the liquid or other substance contains nicotine, which may or may not contain nicotine, that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from a solution or other substance.

AB50,2169 Section 2169. 139.75 (14) (b) and (c) of the statutes are created to read:

AB50,1084,20 139.75 (14) (b) “Vapor product” includes all of the following:

AB50,1084,22 1. An electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.

AB50,1085,2 2. Any cartridge or other container of a solution or other substance, which may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.

AB50,1085,5 (c) “Vapor product” does not include a product regulated as a drug or device under sections 501 to 524A of the federal Food, Drug, and Cosmetic Act, 21 USC 351 to 360n-1.

AB50,2170 Section 2170. 139.76 (1) of the statutes is amended to read:

AB50,1086,2 139.76 (1) Except as provided in sub. subs. (1p) and (1t), an excise tax is imposed upon the sale, offering or exposing for sale, possession with intent to sell or removal for consumption or sale or other disposition for any purpose of tobacco products by any person engaged as a distributor of them at the rate, for tobacco products, not including moist snuff, vapor products, cigars, little cigars, and pipe tobacco, of 71 percent of the manufacturer’s established list price to distributors without diminution by volume or other discounts on domestic products and, for moist snuff, at the rate of 100 percent of the manufacturer’s established list price to distributors without diminution by volume or other discounts on domestic products. On tobacco products imported from another country, not including moist snuff, vapor products, cigars, little cigars, and pipe tobacco, the rate of tax is 71 percent of the amount obtained by adding the manufacturer’s list price to the federal tax, duties and transportation costs to the United States. On moist snuff imported from another country, the rate of the tax is 100 percent of the amount obtained by adding the manufacturer’s list price to the federal tax, duties, and transportation costs to the United States. Except as provided in sub. (1p), the tax attaches at the time the tobacco products are received by the distributor in this state. The tax shall be passed on to the ultimate consumer of the tobacco products. All tobacco products received in this state for sale or distribution within this state, except tobacco products actually sold as provided in sub. (2), shall be subject to such tax.

AB50,2171 Section 2171. 139.76 (1m) of the statutes is amended to read:

AB50,1086,18 139.76 (1m) An excise tax is imposed upon the sale, offering or exposing for sale, possession with intent to sell or removal for consumption or sale or other disposition for any purpose of vapor products by any person engaged as a distributor of them at the rate of 5 cents per milliliter of the liquid or other substance based on the volume as listed by the manufacturer and at a proportionate rate for any other quantity or fractional part thereof 71 percent of the manufacturer’s established list price to distributors without diminution by volume or other discounts on domestic products. On vapor products imported from another country, the rate of tax is 71 percent of the amount obtained by adding the manufacturer’s list price to the federal tax, duties, and transportation costs to the United States. The tax attaches at the time the vapor products are received by the distributor in this state. The tax shall be passed on to the ultimate consumer of the vapor products. All vapor products received in this state for sale or distribution within this state, except those actually sold as provided in sub. (2), shall be subject to such tax.

AB50,2172 Section 2172. 139.76 (1p) of the statutes is amended to read:

AB50,1087,9 139.76 (1p) An excise tax is imposed upon the sale, offering or exposing for sale, possession with intent to sell, or removal for consumption or sale or other disposition for any purpose of cigars, not including little cigars, and pipe tobacco by any person engaged as a distributor or remote retail seller of them at the rate of 71 percent of the actual cost to the distributor or remote retail seller. The tax imposed under this subsection on cigars, except little cigars, shall not exceed an amount equal to 50 cents for each cigar. The tax attaches at the time the cigars or pipe tobacco are received by the distributor in this state, except that for cigars and pipe tobacco sold by a remote retail seller, the tax attaches at the time the remote retail seller makes a remote retail sale of cigars or pipe tobacco to a consumer. The tax shall be passed on to the ultimate consumer of the cigars and pipe tobacco. All cigars, not including little cigars, and pipe tobacco received in this state for sale or distribution within this state, except tobacco products actually sold as provided in sub. (2), shall be subject to such tax.