Amendment SA5-AB40

AB40-SA5,7,1 46. Page 1073, line 9: after that line insert:

AB40-SA5,7,3 "(f) This subsection does not apply to a brewer that manufactures less than 300,000 barrels of fermented malt beverages in a calendar year from all locations.".

AB40-SA5,7,4 47. Page 1076, line 25: after that line insert:

AB40-SA5,7,5 " Section 2604en. 125.29 (7) of the statutes is created to read:

AB40-SA5,7,8 125.29 (7) Small brewers. (a) In this subsection, "small brewer" means a brewer that manufactures less than 300,000 barrels of fermented malt beverages in a calendar year from all locations.

AB40-SA5,7,10 (b) Subsections (2), (3), (3m), and (6) do not apply to a small brewer. Instead, the provisions of this subsection and s. 125.31 apply to a small brewer.

AB40-SA5,7,12 (c) Except as provided in s. 125.31, no person that holds a Class "B" license or permit issued under this chapter and that is a small brewer may register as a brewer.

AB40-SA5,7,18 (d) Subject to s. 125.34 (2), a small brewer may manufacture, possess, and store fermented malt beverages on the brewery premises and transport fermented malt beverages between the brewery premises and any depot or warehouse maintained by the brewer for which the brewer has a wholesaler's permit issued under s. 125.28. A brewer or individual representing a brewer may also provide taste samples as authorized under s. 125.33 (12).

AB40-SA5,7,22 (e) A small brewer may hold a wholesaler's permit issued under s. 125.28 and a Class "B" license as provided under s. 125.31. The small brewer may hold the wholesaler's permit in the same manner that it was authorized to hold a wholesaler's license under ss. 125.28 and 125.29 (4), 2009 stats.

AB40-SA5,7,24 (f) No small brewer issued a permit under this section after November 25, 2007, may hold a restaurant permit issued under s. 254.64.".

AB40-SA5,8,2 48. Page 1077, line 5: delete "s. 125.34 (6) (c) sub. (4)" and substitute "sub. (4) and s. 125.34 (6) (c)".

AB40-SA5,8,3 49. Page 1078, line 13: delete that line and substitute:

AB40-SA5,8,4 " Section 2604gdc. 125.31 (title) of the statutes is amended to read:

AB40-SA5,8,5 125.31 (title) Multiple licenses and permits; small brewers.

AB40-SA5, s. 2604gde Section 2604gde. 125.31 (1) (a) of the statutes is renumbered 125.31 (1) (am) and amended to read:

AB40-SA5,8,12 125.31 (1) (am) 2. Notwithstanding ss. 125.29 (2) (7) (c) and 125.33 (1), a small brewer may maintain and operate one place on brewery premises, and another place, for the sale of fermented malt beverages for which a Class "B" license is required for each place, but, except as provided in subd. 4., not more than 2 such Class "B" licenses shall be issued to any small brewer.

AB40-SA5,8,18 4. Notwithstanding ss. 125.29 (2) (7) (c) and 125.33 (1), in addition to places authorized under subd. 2., a small brewer may possess or hold an indirect interest in a Class "B" license for not more than 20 restaurants in each of which the sale of alcohol beverages accounts for less than 60% of the restaurant's gross receipts if no fermented malt beverages manufactured by the small brewer are offered for sale in any of these restaurants.

AB40-SA5, s. 2604gdh Section 2604gdh. 125.31 (1) (ac) of the statutes is created to read:

AB40-SA5,8,22 125.31 (1) (ac) In this section, "small brewer" means a brewer that manufactures less than 300,000 barrels of fermented malt beverages in a calendar year from all locations.

AB40-SA5, s. 2604gdj Section 2604gdj. 125.31 (1) (b), (c) and (d) and (2) and (3) of the statutes are amended to read:

AB40-SA5,9,4 125.31 (1) (b) Notwithstanding ss. 125.29 (2) (7) (c) and 125.33 (1), a small brewer may own, maintain or operate places for the sale of fermented malt beverages at the state fair park or on any county fairgrounds located in this state, in addition to places authorized under par. (a) (am).

AB40-SA5,9,6 (c) Any Class "B" license necessary in connection with this subsection shall be issued to the small brewer.

AB40-SA5,9,9 (d) Notwithstanding s. 125.33 (1), a small brewer may own the furniture, fixtures, fittings, furnishings and equipment on such premises and shall pay any license fee or tax required for the operation of the premises.

AB40-SA5,9,14 (2) Subject to s. 125.34, a small brewer may own, maintain or operate depots and warehouses from which sales of fermented malt beverages, not for consumption in or about the premises where sold, may be made in original packages to retailers and wholesalers. A separate wholesaler's license is required for each depot or warehouse owned, maintained or operated.

AB40-SA5,9,17 (3) Subject to ss. 125.29 (4) (7) (e) and 125.34, a brewer may sell fermented malt beverages in the original packages or containers, not to be consumed on the premises where sold:

AB40-SA5,9,19 (a) To retailers and wholesalers, if the brewer obtains a wholesaler's license permit; or

AB40-SA5,9,21 (b) To persons other than licensees and permittees, if the small brewer obtains a Class "A" or Class "B" license.".

AB40-SA5,9,23 50. Page 1078, line 22: delete the material beginning with that line and ending with page 1079, line 6.

AB40-SA5,10,3 51. Page 1080, line 24: delete "who holds a retail license issued under this chapter" and substitute "who that holds a retail license issued under this chapter or that is".

AB40-SA5,10,5 52. Page 1081, line 13: delete the material beginning with that line and ending with page 1082, line 4.

AB40-SA5,10,6 53. Page 1082, line 14: after that line insert:

AB40-SA5,10,7 " Section 2604hf. 125.34 (1) (fm) of the statutes is created to read:

AB40-SA5,10,9 125.34 (1) (fm) "Small brewer" means a brewer that manufactures less than 300,000 barrels of fermented malt beverages in a calendar year from all locations.".

AB40-SA5,10,11 54. Page 1082, line 21: delete "sub. (6) (b) and" and substitute "sub. (6) (b) and".

AB40-SA5,10,12 55. Page 1083, line 2: delete "and" and substitute "and".

AB40-SA5,10,14 56. Page 1083, line 3: delete that line and substitute "shall be a physically separate location from any retail premises or brewery premises.".

AB40-SA5,10,15 57. Page 1083, line 9: delete that line and substitute:

AB40-SA5,10,17 " Section 2604hn. 125.34 (2) (bg), (bm) and (c) of the statutes are amended to read:

AB40-SA5,10,21 125.34 (2) (bg) Notwithstanding par. (a), a small brewer that, together with its brewer group, manufactures not more than 50,000 barrels of fermented malt beverages in a calendar year in any location may be issued a wholesaler's license permit for wholesale premises located on brewery premises.

AB40-SA5,11,6 (bm) Notwithstanding par. (a), a small brewer that, together with its brewer group, manufactures more than 50,000 barrels of fermented malt beverages in a calendar year in any location may be issued a wholesaler's license permit for wholesale premises located on brewery premises but may not sell or ship more than a total of 1,000 barrels of fermented malt beverages in any calendar year to retailers from these wholesale premises. Fermented malt beverages provided by a small brewer to any retail premises for which the small brewer holds the retail license shall not be included in any calculation of the 1,000 barrel limitation under this paragraph.

AB40-SA5,11,10 (c)1. Except as provided in par. (bm) and notwithstanding par. (a), a small brewer may be issued a wholesaler's license for wholesale premises located on brewery premises if, from these wholesale premises, the small brewer sells or ships fermented malt beverages only to other wholesalers.

AB40-SA5,11,20 2. Notwithstanding subd. 1., a small brewer issued a wholesaler's license permit under subd. 1. may, from the wholesale premises located on brewery premises, sell or ship any brand of fermented malt beverages to retailers located in a designated sales territory for the brand if the wholesaler to which the small brewer has granted distribution rights for the brand in this designated sales territory is unable to service the designated sales territory for any reason, including because of discontinuance of the wholesaler's distribution rights. A small brewer may sell or ship fermented malt beverages to retailers under this subdivision for not more than 12 months after the wholesaler becomes unable to service the wholesaler's designated sales territory.".

AB40-SA5,11,21 58. Page 1083, line 10: delete lines 10 to 18 and substitute:

AB40-SA5,11,22 " Section 2604hp. 125.34 (3) (a) 3. of the statutes is amended to read:

AB40-SA5,12,4 125.34 (3) (a) 3. If the wholesaler and the brewer or out-of-state shipper a small brewer specified in subd. 1. are the same person, in lieu of the written agreement specified in subd. 1., the wholesaler and small brewer or out-of-state shipper shall maintain in writing the information specified in subd. 1. and the wholesaler and small brewer or out-of-state shipper are, in this writing, subject to the restriction specified in subd. 2.".

AB40-SA5,12,6 59. Page 1083, line 19: delete the material beginning with that line and ending with page 1084, line 6, and substitute:

AB40-SA5,12,7 " Section 2604ht. 125.34 (4) (a) of the statutes is amended to read:

AB40-SA5,12,20 125.34 (4) (a) Any retailer located outside the wholesaler's designated sales territory for the brand. This paragraph does not apply if another wholesaler that has been granted distribution rights for the brand in the designated sales territory where the sale, transportation, or delivery occurs is unable to service this designated sales territory and the brewer, brewpub, or out-of-state shipper granting distribution rights has, notwithstanding sub. (3) (a), given consent for the sale, transportation, or delivery, which consent shall be limited to the time period that another wholesaler is unable to service this designated sales territory. This paragraph does not apply if the wholesaler is also a small brewer and another wholesaler to whom this small brewer has granted distribution rights for the brand in the designated sales territory where the sale, transportation, or delivery occurs has, notwithstanding sub. (3) (a), given consent for the sale, transportation, or delivery or refused to service this territory.".

AB40-SA5,12,21 60. Page 1084, line 8: delete "sub. (6) (b) and" and substitute "sub. (6) (b) and".

AB40-SA5,12,22 61. Page 1084, line 15: delete lines 15 to 23 and substitute:

AB40-SA5,12,23 " Section 2604jf. 125.34 (6) of the statutes is amended to read:

AB40-SA5,13,5 125.34 (6) (a) Except as provided in pars. (b) and (c) and ss. 125.06 (1), 125.29 (3), (3m) (b) and (c), 125.30 (4), and 125.31 (1) and (3), a brewer or out-of-state shipper may sell, transport, and deliver fermented malt beverages only to a wholesaler, which may be the a small brewer or out-of-state shipper itself if, in its activities as a wholesaler, it complies with the requirements under subs. (2) to (5).

AB40-SA5,13,12 (b) A small brewer or out-of-state shipper that holds a Class "A" license or Class "B" license may sell fermented malt beverages to persons other than licensees and permittees in accordance with the terms of the license, the provisions of s. 125.31, and the applicable provisions of this chapter relating to retailers. Subsections (2) to (5) do not apply with respect to fermented malt beverages provided by a small brewer to any retail premises for which the small brewer holds the retail license.

AB40-SA5,13,16 (c) A small brewer that holds an out-of-state shipper's permit for premises located in another state used for the manufacture of fermented malt beverages may ship fermented malt beverages from those premises to any brewery premises of the small brewer in this state.".

AB40-SA5,13,18 62. Page 1094, line 22: delete the material beginning with that line and ending with page 1095, line 18.

AB40-SA5,13,20 63. Page 1095, line 23: delete the material beginning with that line and ending with page 1102, line 14.

AB40-SA5,13,22 64. Page 1127, line 5: delete lines 5 to 25, as affected by assembly amendment 1 to assembly amendment 1.

AB40-SA5,13,24 65. Page 1128, line 1: delete lines 1 to 25, as affected by assembly amendment 1 to assembly amendment 1.

AB40-SA5,14,1 66. Page 1129, line 1: delete lines 1 to 25.

AB40-SA5,14,2 67. Page 1134, line 5: delete lines 5 to 9.

AB40-SA5,14,4 68. Page 1134, line 17: delete the material beginning with that line and ending with page 1135, line 6.

AB40-SA5,14,5 69. Page 1137, line 10: delete lines 10 to 20.

AB40-SA5,14,7 70. Page 1217, line 14: delete the material beginning with that line and ending with page 1218, line 14, and substitute:

AB40-SA5,14,8 " Section 3003g. 301.26 (4) (d) 2. of the statutes is amended to read:

AB40-SA5,14,17 301.26 (4) (d) 2. Beginning on January July 1, 2010 2011, and ending on June 30, 2010 2012, the per person daily cost assessment to counties shall be $270 $243 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $270 $243 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $298 $268 for care in a residential care center for children and youth, $190 $171 for care in a group home for children, $72 $65 for care in a foster home, $124 $112 for care in a treatment higher level foster home under rules promulgated under s. 48.62 (8) (c), $101 as determined by the department, $91 for departmental corrective sanctions services, and $40 $36 for departmental aftercare services.

AB40-SA5, s. 3003r Section 3003r. 301.26 (4) (d) 3. of the statutes is amended to read:

AB40-SA5,15,3 301.26 (4) (d) 3. Beginning on July 1, 2010 2012, and ending on June 30, 2011 2013, the per person daily cost assessment to counties shall be $275 $248 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $275 $248 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $313 $282 for care in a residential care center for children and youth, $200 $180 for care in a group home for children, $75 $68 for care in a foster home, $130 $117 for care in a treatment higher level foster home under rules promulgated under s. 48.62 (8) (c), $103 as determined by the department, $93 for departmental corrective sanctions services, and $41 $37 for departmental aftercare services.".

AB40-SA5,15,4 71. Page 1279, line 4: delete lines 4 to 7.

AB40-SA5,15,6 72. Page 1281, line 18: delete the material beginning with that line and ending with page 1284, line 22.

AB40-SA5,15,7 73. Page 1371, line 20: after that line insert:

AB40-SA5,15,8 " Section 3475r. 757.84 of the statutes is created to read:

AB40-SA5,15,18 757.84 Judicial compensation commission. (1) There is created a judicial compensation commission consisting of 2 members appointed by the governor, one member appointed by the president of the senate, one member appointed by the speaker of the assembly, one member appointed by the dean of the Marquette University Law School, one member appointed by the dean of the University of Wisconsin Law School, and one member appointed by the president of the State Bar of Wisconsin. The judicial compensation commission shall elect one of its members as chairperson. Members of the judicial compensation commission shall be reimbursed for expenses necessarily incurred as members of the judicial compensation commission.

AB40-SA5,15,24 (2) The judicial compensation commission shall review the salaries of the justices of the supreme court, court of appeals judges, and judges of circuit court. Not later than December 1 of each even-numbered year the judicial compensation commission shall submit a written report to the governor and the joint committee on employment relations that includes recommendations on salaries of the justices of the supreme court, court of appeals judges, and judges of circuit court.

AB40-SA5,16,7 (3) Notwithstanding section 20.923 (2) (b) of the statutes, the joint committee on employment relations shall review the recommendations submitted by the judicial compensation commission and shall approve the recommendations unless a majority of its members agree not to approve the recommendations. If a majority of members of the judicial compensation commission agree to modify the recommendations submitted by the judicial compensation commission, it shall state the reasons for the modifications in writing.

AB40-SA5,16,16 (4) Notwithstanding section 20.923 (2) (b) of the statutes, the governor shall provide funding sufficient to implement the recommendations submitted by the judicial compensation commission and approved by the joint committee on employment relations under paragraph (c). If the salary adjustment approved by the joint committee on employment relations is less than the percentage increase of any across-the-board pay adjustments for any other position in the classified service, the annual salary adjustment for any supreme court justice or judge of the court of appeals or circuit court is increased to equal the percentage increase of the highest across-the-board pay adjustment provided for any position in the classified service.

AB40-SA5,16,18 (5) The director of state courts shall provide staff and support services to the judicial compensation commission.".

AB40-SA5,16,19 74. Page 1393, line 3: delete lines 3 to 10.

AB40-SA5,16,20 75. Page 1402, line 14: after that line insert:

AB40-SA5,17,10 "(2g) Emergency response funding. The office of justice assistance in the department of administration shall submit to the joint committee on finance for the approval of that committee under section 13.10 of the statutes a plan to utilize $2,051,800 in fiscal year 2012-13 to fund the regional special weapons and tactics and bomb response teams, the Wisconsin statewide information center, and the department of military affairs division of Wisconsin emergency management structural collapse rescue program. The office of justice assistance shall include in its request a statement on the impact of federal budget reductions to the homeland security programs and shall include information on its planned expenditures of federal homeland security formula grants for fiscal year 2012-13. The office of justice assistance may not fund regional special weapons and tactics and bomb response teams, the Wisconsin statewide information center, or the department of military affairs division of Wisconsin emergency management structural collapse rescue program from homeland security formula grants.".

AB40-SA5,17,11 76. Page 1406, line 11: delete lines 11 to 14.

AB40-SA5,17,12 77. Page 1445, line 5: after that line insert:

AB40-SA5,17,15 "(4f) Assistant district attorney positions. The authorized FTE positions for assistant district attorneys, funded from the appropriation under s. 20.475 (1) (d), is increased by 50 GPR positions, to provide additional district attorney positions.".

AB40-SA5,17,16 78. Page 1472, line 10: delete lines 10 to 21.

AB40-SA5,17,18 79. Page 1494, line 16: delete the material beginning with that line and ending with page 1496, line 1, and substitute:

AB40-SA5,17,22 "(1f) Judicial compensation commission. Notwithstanding the length of terms of the members of the judicial compensation commission specified in section 757.84 (1) of the statutes, as created by this act, the initial members shall be appointed for the following terms:

AB40-SA5,17,24 (a) One member appointed by the governor, for a term expiring on March 1, 2013.

AB40-SA5,18,2 (b) One member appointed by the governor, for a term expiring on March 1, 2015.

AB40-SA5,18,4 (c) The member appointed by the president of the senate, for a term expiring on March 1, 2013.

AB40-SA5,18,6 (d) The member appointed by the speaker of the assembly, for a term expiring on March 1, 2013.