b. "Capital improvement area" means a geographic area that is enumerated under subd. 2. as having an improvement increment exceeding $50,000,000 in the year in which the area is enumerated and as being located within a municipality with insufficient reserve "Class B" licenses to issue a "Class B" license for each business or proposed business that would reasonably require one.
c. "Good faith," with respect to an applicant's attempt to purchase a "Class B" licensed business, includes an applicant making an offer to purchase the business for an amount exceeding $25,000 in total value, without additional significant conditions placed on the purchase by either party, after having given notice to all current "Class B" license holders within the municipality where the business is located, by U.S. mail addressed to either the licensee's last-known address or to the licensed premises, of the applicant's interest in purchasing a licensed business, except that an offer in an amount of $25,000 or less may also be considered to be in a good faith for purposes of this subd. 1. c. depending on the fair market value of the business, the availability of other licensed businesses for purchase, and any conditions attached to the sale.
d. "Improvement increment" means the aggregate assessed value of all taxable property in a capital improvement area as of January 1 of any year minus the area base value.
e. "Qualified applicant" means an applicant that complies with all requirements under s. 125.04 (5) and (6) and any applicable ordinance, that certifies by affidavit that the applicant has made a good faith attempt to purchase the business of a person holding a "Class B" license within the municipality and have that license transferred to the applicant under s. 125.04 (12) (b) 4., and for whom the issuing municipality has determined that these requirements have been met.
2. The legislature hereby enumerates the following areas, with the geographic boundaries described in this subdivision, as capital improvement areas:
a. The geographic area composed of all land within the Tax Incremental District Number 3 within the city of Oconomowoc in Waukesha County that lies south of Valley Road and east of STH 67 or that lies south of I 94 and west of STH 67.
3. Notwithstanding pars. (am) to (d) and s. 125.185 (5), upon application by a qualified applicant, the governing body of any municipality containing a capital improvement area enumerated under subd. 2. a. shall issue to the qualified applicant one "Class B" license in addition to the number of licenses determined for the municipality's quota under pars. (b) to (d) and in addition to any license under par. (v).
4. Notwithstanding pars. (am) to (d) and s. 125.185 (5), after a qualified applicant has filed an application under subd. 3. and upon application by an initial qualified applicant under this subdivision, the governing body of any municipality containing a capital improvement area enumerated under subd. 2. a. shall determine the improvement increment within the capital improvement area for the calendar year in which the application under this subdivision is filed. If the improvement increment is at least $10,000,000 above $50,000,000, the governing body of the municipality shall issue to the initial qualified applicant a "Class B" license. For each $10,000,000 of improvement increment above $50,000,000, the governing body of the municipality is authorized to issue under this subdivision one "Class B" license and, upon each application by a qualified applicant subsequent to that of the initial qualified applicant, the governing body of the municipality shall issue a "Class B" license to the qualified applicant until all licenses authorized under this subdivision have been issued. If the governing body of any municipality receives an application by a qualified applicant in a calendar year subsequent to the calendar year in which it received the application of the initial qualified applicant, the governing body of the municipality shall redetermine the improvement increment for that year for the purpose of determining the number of "Class B" licenses authorized under this subdivision. The "Class B" licenses that a municipality is authorized to issue under this subdivision are in addition to the number of licenses determined for the municipality's quota under pars. (b) to (d), any license under par. (v), and the license under subd. 3.
5. Notwithstanding subds. 3. and 4., not more than 8 "Class B" licenses may be issued under this paragraph for premises within the same capital improvement area.
6. Notwithstanding subd. 7., any "Class B" license issued under this paragraph may be transferred as provided under s. 125.04 (12) (b) 4. Notwithstanding subds. 5. and 7., if a "Class B" license issued under this paragraph is surrendered to the issuing municipality, revoked, or not renewed, the municipality may reissue the license to a qualified applicant for a premises located within the same capital improvement area for which the license was originally issued.
7. No "Class B" license may be issued under this paragraph after July 1, 2017.
28,2318it
Section 2318it. 125.51 (5) (d) of the statutes is created to read:
125.51 (5) (d) Permits for certain tribes. 1. In this paragraph, "tribe" has the meaning given in s. 125.27 (3) (a).
2. Upon application, the department shall issue a "Class B" permit to a tribe that holds a valid certificate issued under s. 73.03 (50) and that is qualified under s. 125.04 (5) and (6). The permit authorizes the retail sale of intoxicating liquor for consumption on the premises where sold by the glass and not in the original package or container. The permit also authorizes the sale of intoxicating liquor in the original package or container, in multiples not to exceed 4 liters at any one time, to be consumed off the premises where sold, except that wine is not subject to the 4-liter limitation.
3. Except as provided in this paragraph, all sections of this chapter applying to "Class B" licenses apply to "Class B" permits issued under this paragraph.
28,2318j
Section 2318j. 125.52 (1) of the statutes is amended to read:
125.52 (1) Authorized activities.
(a) The department shall issue manufacturers' and rectifiers' permits which authorize the manufacture or rectification, respectively, of intoxicating liquor on the premises covered by the permit. A person holding a manufacturer's or rectifier's permit may manufacture and bottle wine, pursuant to the terms of the permit, without procuring a winery permit.
(b) 1. A manufacturer's or rectifier's permit entitles the permittee to sell intoxicating liquor to wholesalers holding a permit under s. 125.54, to wineries holding a permit under s. 125.53, and to other manufacturers and rectifiers holding a permit under this section, from the premises described in the permit. No Except as provided in subd. 2., no sales may be made for consumption on the premises of the permittee.
(c) Possession of a permit under this section does not authorize the permittee to sell tax-free intoxicating liquor and wines brought into this state under s. 139.03 (5).
28,2318k
Section 2318k. 125.52 (1) (b) 2. of the statutes is created to read:
125.52 (1) (b) 2. Notwithstanding s. 125.09 (1), a manufacturer's or rectifier's permit authorizes the retail sale of intoxicating liquor that is manufactured or rectified on the premises, for consumption on or off the premises. A manufacturer's or rectifier's permit also authorizes the provision of taste samples, free of charge and in an amount not exceeding a total of 1.5 fluid ounces to any one person, of intoxicating liquor that is manufactured or rectified on the premises, for consumption on the premises. The department may prescribe additional regulations for the sale of intoxicating liquor under this subdivision, if the additional regulations do not conflict with the requirements applicable to holders of "Class B" licenses. Notwithstanding any other provision of this chapter, the authorization under this subdivision applies with respect to a person who holds any permit under this section, a winery permit under s. 125.53, and either a "Class A" license or a "Class B" license issued under s. 125.51 (3) (am), all issued for the same premises or portions of the same premises.
28,2318L
Section 2318L. 125.68 (2) of the statutes is amended to read:
125.68 (2) Operators' licenses; "Class A",," "Class B" or," "Class C"," and other premises. Except as provided under s. 125.07 (3) (a) 10., no premises operated under a "Class A" or "Class C" license or under a "Class B" license or permit may be open for business, and no person who holds a manufacturer's or rectifier's permit may allow the sale or provision of taste samples of intoxicating liquor on the manufacturing or rectifying premises as provided in s. 125.52 (1) (b) 2., unless there is upon the premises either the licensee or permittee, the agent named in the license or permit if the licensee or permittee is a corporation or limited liability company, or some person who has an operator's license and who is responsible for the acts of all persons selling or serving any intoxicating liquor to customers. An operator's license issued in respect to a vessel under s. 125.51 (5) (c) is valid outside the municipality that issues it. For the purpose of this subsection, any person holding a manager's license issued under s. 125.18 or any member of the licensee's or permittee's immediate family who has attained the age of 18 shall be considered the holder of an operator's license. No person, including a member of the licensee's or permittee's immediate family, other than the licensee, permittee or agent may serve or sell alcohol beverages in any place operated under a "Class A" or "Class C" license or under a "Class B" license or permit unless he or she has an operator's license or is at least 18 years of age and is under the immediate supervision of the licensee, permittee or agent or a person holding an operator's license, who is on the premises at the time of the service.
28,2318p
Section 2318p. 125.69 (1) (a) of the statutes is amended to read:
125.69 (1) (a) No intoxicating liquor manufacturer, rectifier, winery, out-of-state shipper permittee, or wholesaler may hold any direct or indirect interest in any "Class A" license or establishment and no "Class A" licensee may hold any direct or indirect interest in a wholesale permit or establishment, except that a winery that has a permit under s. 125.53 may have an ownership interest in a "Class A" license and a person may hold a "Class A" license and both a winery permit under s. 125.53 and a manufacturer's or rectifier's permit under s. 125.52 and may make retail sales and provide taste samples as authorized under the "Class A" license and ss. 125.06 (13) and 125.52 (1) (b) 2.
28,2318t
Section 2318t. 125.69 (1) (b) 4. of the statutes is amended to read:
125.69 (1) (b) 4. A winery that has a permit under s. 125.53 may have an ownership interest in a "Class B" license issued under s. 125.51 (3) (am) and a person may hold a "Class B" license and both a winery permit under s. 125.53 and a manufacturer's or rectifier's permit under s. 125.52 and may make retail sales and provide taste samples as authorized under the "Class B" license and s. 125.52 (1) (b) 2.
28,2318x
Section 2318x. 125.69 (1) (c) of the statutes is amended to read:
125.69 (1) (c) No manufacturer, rectifier, winery, or out-of-state shipper permittee, whether located within or without this state, may hold any direct or indirect interest in any wholesale permit or establishment. Except as provided in pars. (a) and (b) 4. and s. 125.53, no retail licensee may hold any direct or indirect interest in any manufacturer, rectifier, winery, or out-of-state shipper permittee.
28,2332
Section
2332. 139.31 (1) (a) of the statutes is amended to read:
139.31 (1) (a) On cigarettes weighing not more than 3 pounds per thousand, 88.5 126 mills on each cigarette.
28,2333
Section
2333. 139.31 (1) (b) of the statutes is amended to read:
139.31 (1) (b) On cigarettes weighing more than 3 pounds per thousand, 177 252 mills on each cigarette.
28,2338
Section
2338. 139.323 (3) of the statutes is amended to read:
139.323 (3) The land on which the sale occurred was designated a reservation or trust land on or before January 1, 1983, or on a later date as determined by an agreement between the department and the tribal council.
28,2392
Section
2392. 139.76 (1) of the statutes is amended to read:
139.76 (1) 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, of 50 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 $1.31 per ounce, and at a proportionate rate for any other quantity or fractional part thereof, of the moist snuff's net weight, as listed by the manufacturer 100 percent of the manufacturer's established list price to distributors without diminution by volume or other discounts on domestic products. The tax imposed under this subsection on cigars shall not exceed an amount equal to 50 cents for each cigar. On products imported from another country, not including moist snuff, the rate of tax is 50
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. 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. The weight-based tax imposed under this subsection on moist snuff does apply to moist snuff that is the inventory of a distributor on January 1, 2008, and for which the tax levied under this subsection, 2005, stats., has been paid.
28,2395
Section
2395. 139.78 (1) of the statutes is amended to read:
139.78 (1) A tax is imposed upon the use or storage by consumers of tobacco products in this state at the rate, for tobacco products, not including moist snuff, of 50
71 percent of the cost of the tobacco products and, for moist snuff, at the rate of $1.31 per ounce, and at a proportionate rate for any other quantity or fractional part thereof, of the moist snuff's net weight, as listed by the manufacturer 100 percent of the manufacturer's established list price to distributors without diminution by volume or other discounts on domestic products. The tax imposed under this subsection on cigars shall not exceed an amount equal to 50 cents for each cigar. The tax does not apply if the tax imposed by s. 139.76 (1) on the tobacco products has been paid or if the tobacco products are exempt from the tobacco products tax under s. 139.76 (2).
28,2401
Section
2401. 139.803 (3) of the statutes is amended to read:
139.803 (3) The land on which the sale occurred was designated a reservation or trust land on or before January 1, 1983, or on a later date as determined by an agreement between the department and the tribal council.
28,2406
Section
2406. 145.08 (1) (intro.) of the statutes is amended to read:
145.08 (1) (intro.) The department shall fix, by rule, the amount of the establish fees by rule for the examinations, licenses, and registrations specified in this section. The fees specified in this section are not returnable and may not exceed the amounts stated in this section as follows established by the department shall as closely as possible equal the cost of providing the following services:
28,2407
Section
2407. 145.08 (1) (a) of the statutes is amended to read:
145.08 (1) (a) For Administering a master plumber's examination, $50. For each subsequent examination, $30.
28,2408
Section
2408. 145.08 (1) (b) of the statutes is amended to read:
145.08 (1) (b) For Issuing a master plumber's license, $500, and $500 for each renewal of the 4-year license if application is made prior to the date of expiration; after that date an additional fee of $20.
28,2409
Section
2409. 145.08 (1) (c) of the statutes is amended to read:
145.08 (1) (c) For Administering a journeyman plumber's examination, $30. For each subsequent examination, $20.
28,2410
Section
2410. 145.08 (1) (d) of the statutes is amended to read:
145.08 (1) (d) For Issuing a journeyman plumber's license, $180, and $180 for each renewal of the 4-year license if application is made prior to the date of expiration; after that date an additional fee of $10.
28,2411
Section
2411. 145.08 (1) (e) of the statutes is amended to read:
145.08 (1) (e) For Issuing a temporary permit pending examination and issuance of a license for master plumber, $400; for or journeyman
$150 and which shall also cover the examination fee prescribed and the license fee for the 4-year period in which issued plumber.
28,2412
Section
2412. 145.08 (1) (f) of the statutes is amended to read:
145.08 (1) (f) For Administering a master plumber's (restricted) examination, $50. For each subsequent examination, $30.
28,2413
Section
2413. 145.08 (1) (g) of the statutes is amended to read:
145.08 (1) (g) For Issuing a master plumber's license (restricted), $500, and $500 for each renewal of the 4-year license if application is made prior to the date of expiration; after that date an additional fee of $20.
28,2414
Section
2414. 145.08 (1) (h) of the statutes is amended to read:
145.08 (1) (h) For Administering a journeyman plumber's (restricted) examination, $30. For each subsequent examination, $20.
28,2415
Section
2415. 145.08 (1) (i) of the statutes is amended to read:
145.08 (1) (i) For Issuing a journeyman plumber's license (restricted), $180, and $180 for each renewal of the 4-year license if application is made prior to the date of expiration; after that date an additional fee of $10.
28,2416
Section
2416. 145.08 (1) (k) of the statutes is amended to read:
145.08 (1) (k) For Administering an automatic fire sprinkler contractor's examination, $100.
28,2417
Section
2417. 145.08 (1) (L) of the statutes is amended to read:
145.08 (1) (L) For Issuing an automatic fire sprinkler contractor's license, $2,000, and $2,000 for each renewal of the 4-year license if application is made prior to the date of expiration; after that date an additional fee of $25.
28,2418
Section
2418. 145.08 (1) (Lm) of the statutes is amended to read:
145.08 (1) (Lm) For Issuing an automatic fire sprinkler - maintenance only registration, $400, and $400 for each renewal of the 4-year registration if application is made prior to the date of expiration; after that date an additional fee of $25.
28,2419
Section
2419. 145.08 (1) (m) of the statutes is amended to read:
145.08 (1) (m) For Administering a journeyman automatic fire sprinkler fitter's examination, $20 and $20 for each subsequent examination.
28,2420
Section
2420. 145.08 (1) (n) of the statutes is amended to read:
145.08 (1) (n) For Issuing a journeyman automatic fire sprinkler fitter's license, $180, and $180 for each renewal of the 4-year license if application is made prior to the date of expiration; after that date an additional fee of $10.
28,2421
Section
2421. 145.08 (1) (nm) of the statutes is amended to read:
145.08 (1) (nm) For Issuing an automatic fire sprinkler fitter - maintenance only registration certificate, $60, and $60 for each renewal of the 4-year registration if application is made prior to the date of expiration; after that date an additional fee of $10.
28,2422
Section
2422. 145.08 (1) (o) of the statutes is amended to read:
145.08 (1) (o) For Issuing a utility contractor's license, $500 and $500 for each renewal of the 4-year license if application is made prior to the date of expiration; after that date an additional fee of $10.
28,2423
Section
2423. 145.08 (1) (p) of the statutes is renumbered 145.08 (1g) and amended to read:
145.08 (1g) For The department may not charge a plumbing supervisor employed by the department in accord with s. 145.02 (3) (a), no cost a fee for the appropriate 4-year license for which the plumbing supervisor has previously qualified.
28,2424
Section
2424. 145.08 (1) (q) of the statutes is amended to read:
145.08 (1) (q) For Issuing a pipelayer's registration, $180 at the time of registration and $180 for each subsequent 4-year period of registration.
28,2425
Section
2425. 145.08 (3) of the statutes is amended to read:
145.08 (3) To establish a record of beginning an apprenticeship, as a plumber, as an automatic fire sprinkler system apprentice, or as a plumber learner (restricted), every plumbing and automatic fire sprinkler system apprentice and every plumbing learner (restricted) shall within 30 days after beginning an apprenticeship or learnership register with the department. A fee of $15 established by the department by rule shall be paid at the time of registration and before January 1 of each subsequent calendar year during which the apprentice is engaged in the apprenticeship or learnership.
28,2426
Section
2426. 146.19 (2) (intro.) of the statutes is amended to read:
146.19 (2) American Indian health project grants. (intro.) From the appropriation account under s. 20.435 (5) (1) (ke), the department shall award grants for American Indian health projects in order to address specific problem areas in the field of American Indian health. A tribe, tribal agency, or inter-tribal organization may apply, in the manner specified by the department, for a grant of up to $10,000 to conduct an American Indian health project that is designed to do any of the following:
28,2427
Section
2427. 146.45 (4) of the statutes is created to read:
146.45 (4) In each fiscal year, there is transferred from the appropriation account under s. 20.435 (4) (jz) to the appropriation account under s. 20.435 (4) (jw) an amount, determined by the secretary, that is sufficient for the department to administer a contract with an entity to operate the purchasing pool established under sub. (2), but not more than 5 percent of the total amount paid by persons to purchase prescription drugs as members of the purchasing pool in the fiscal year.
28,2428
Section
2428. 146.65 (1) (intro.) of the statutes is amended to read:
146.65 (1) (intro.) From the appropriation account under s. 20.435 (5) (1) (dm), the department shall distribute moneys as follows:
28,2429
Section
2429. 146.68 (intro.) of the statutes is amended to read:
146.68 Grant for colposcopies and other services. (intro.) From the appropriation account under s. 20.435 (5) (1) (dg), the department shall provide $100,000 in fiscal year 2007-08 and $75,000 in each subsequent fiscal year to an entity that satisfies the following criteria to provide colposcopic examinations and to provide services to medical assistance recipients or persons who are eligible for medical assistance:
