AB100-ASA1,772,1818 121.85 (6) (am) 6. In the 2005-06 school year and in each school year thereafter:
AB100-ASA1,772,2119 a. Subtract from 95% the percentage of pupils whose parents or guardians have
20provided the board of school directors with written consent to a pupil transfer to
21another attendance area.
AB100-ASA1,772,2322 b. Multiply the result under subd. 6. a. by the total number of transfer pupils
23under par. (a) in the current school year.
AB100-ASA1, s. 1912m 24Section 1912m. 121.90 (1) (f) of the statutes is created to read:
AB100-ASA1,773,5
1121.90 (1) (f) In determining a school district's revenue limit for the 2005-06
2school year or for any school year thereafter, the department shall include in the
3number of pupils enrolled in each school year prior to the 2005-06 school year all
4pupils attending charter schools under s. 118.40 (2r) that are located in the school
5district.
AB100-ASA1, s. 1913 6Section 1913. 121.905 (1) of the statutes is amended to read:
AB100-ASA1,773,97 121.905 (1) In this section, "revenue ceiling" means $6,900, except that
8"revenue ceiling" means $7,400
$8,100 in the 2003-04 2005-06 school year and
9$7,800 $8,400 in any subsequent school year.
AB100-ASA1, s. 1915 10Section 1915. 121.91 (2m) (e) (intro.) of the statutes is amended to read:
AB100-ASA1,773,1411 121.91 (2m) (e) (intro.) Except as provided in subs. (3) and (4), no school district
12may increase its revenues for the 1999-2000, 2000-01, 2001-02, 2002-03, 2003-04,
13or 2004-05
school year or for any school year thereafter to an amount that exceeds
14the amount calculated as follows:
AB100-ASA1, s. 1915d 15Section 1915d. 121.91 (2m) (f) of the statutes is created to read:
AB100-ASA1,773,1816 121.91 (2m) (f) Except as provided in subs. (3) and (4), no school district may
17increase its revenues for the 2005-06 school year to an amount that exceeds the
18amount calculated as follows:
AB100-ASA1,773,2219 1. Divide the sum of the amount of state aid received in the previous school year
20and property taxes levied for the previous school year, excluding property taxes
21levied for the purpose of s. 120.13 (19) and excluding funds described under sub. (4)
22(c), by the average of the number of pupils enrolled in the 3 previous school years.
AB100-ASA1,773,2323 2. Add $120 to the result under subd. 1.
AB100-ASA1,773,2524 3. Multiply the result under subd. 2. by the average of the number of pupils
25enrolled in the current and the 2 preceding school years.
AB100-ASA1, s. 1915e
1Section 1915e. 121.91 (2m) (g) of the statutes is created to read:
AB100-ASA1,774,42 121.91 (2m) (g) Except as provided in subs. (3) and (4), no school district may
3increase its revenues for the 2006-07 school year or for any school year thereafter
4to an amount that exceeds the amount calculated as follows:
AB100-ASA1,774,85 1. Divide the sum of the amount of state aid received in the previous school year
6and property taxes levied for the previous school year, excluding property taxes
7levied for the purpose of s. 120.13 (19) and excluding funds described under sub. (4)
8(c), by the average of the number of pupils enrolled in the 3 previous school years.
AB100-ASA1,774,99 2. Add $100 to the result under subd. 2.
AB100-ASA1,774,1110 3. Multiply the result under subd. 2. by the average of the number of pupils
11enrolled in the current and the 2 preceding school years.
AB100-ASA1, s. 1915f 12Section 1915f. 121.91 (2m) (r) 1. (intro.) of the statutes is amended to read:
AB100-ASA1,774,1613 121.91 (2m) (r) 1. (intro.) Notwithstanding pars. (c), (d) and (e) to (g), if a school
14district is created under s. 117.105, its revenue limit under this section for the school
15year beginning with the effective date of the reorganization shall be determined as
16follows except as provided under subs. (3) and (4):
AB100-ASA1, s. 1915g 17Section 1915g. 121.91 (2m) (r) 1. b. of the statutes is amended to read:
AB100-ASA1,774,2318 121.91 (2m) (r) 1. b. Add an amount equal to the amount of revenue increase
19per pupil allowed under this subsection for the previous school year multiplied by the
20sum of 1.0 plus the allowable rate of increase under s. 73.0305 expressed as a decimal

21$120 to the result under subd. 1. a. to compute the limit for the 2005-06 school year,
22and add $100 to the result under subd. 1. a. to compute the limit for any school year
23thereafter.
AB100-ASA1, s. 1915h 24Section 1915h. 121.91 (2m) (r) 2. of the statutes is amended to read:
AB100-ASA1,775,3
1121.91 (2m) (r) 2. If a school district is created under s. 117.105, the following
2adjustments to the calculations under pars. (c), (d) and (e) to (g) apply for the 2 school
3years beginning on the July 1 following the effective date of the reorganization:
AB100-ASA1,775,114 a. For the school year beginning on the first July 1 following the effective date
5of the reorganization the number of pupils in the previous school year shall be used
6under pars. (c) 1., (d) 1. and, (e) 1., (f) 1., and (g) 1. instead of the average of the number
7of pupils in the 3 previous school years, and for the school year beginning on the 2nd
8July 1 following the effective date of the reorganization the average of the number
9of pupils in the 2 previous school years shall be used under pars. (c) 1., (d) 1. and, (e)
101., (f) 1., and (g) 1. instead of the average of the number of pupils in the 3 previous
11school years.
AB100-ASA1,775,1612 b. For the school year beginning on the first July 1 following the effective date
13of the reorganization the average of the number of pupils in the current and the
14previous school years shall be used under pars. (c) 4., (d) 4. and, (e) 3. 4., (f) 3., and
15(g) 3.
instead of the average of the number of pupils in the current and the 2 preceding
16school years.
AB100-ASA1, s. 1916 17Section 1916. 121.91 (4) (d) of the statutes is amended to read:
AB100-ASA1,775,2318 121.91 (4) (d) If a school district's revenue in the preceding school year was less
19than the limit under sub. (2m) in the preceding school year, the limit otherwise
20applicable to the school district's revenue in the current school year under sub. (2m)
21is increased by an amount equal to 75% of the difference between the amount of its
22revenue in the preceding school year and the amount of the limit in the preceding
23school year under sub. (2m).
AB100-ASA1, s. 1917 24Section 1917. 121.91 (4) (dg) of the statutes is repealed.
AB100-ASA1, s. 1918 25Section 1918. 121.91 (4) (dr) of the statutes is repealed.
AB100-ASA1, s. 1919
1Section 1919. 121.91 (4) (f) 1. of the statutes is amended to read:
AB100-ASA1,776,72 121.91 (4) (f) 1. For the 1999-2000 school year or any school year thereafter,
3if the average of the number of pupils enrolled in the current and the 2 preceding
4school years is less than the average of the number of pupils enrolled in the 3 previous
5school years, the limit otherwise applicable under sub. (2m) (e), (f), or (g) is increased
6by the additional amount that would have been calculated had the decline in average
7enrollment been 25% of what it was.
AB100-ASA1, s. 1919d 8Section 1919d. 121.91 (4) (f) 2. of the statutes is amended to read:
AB100-ASA1,776,119 121.91 (4) (f) 2. Any additional revenue received by a school district as a result
10of subd. 1. shall not be included in the base for determining the school district's limit
11under sub. (2m) (e), (f), or (g) for the following school year.
AB100-ASA1, s. 1921 12Section 1921. 125.12 (6) of the statutes is created to read:
AB100-ASA1,776,2113 125.12 (6) Revocation or suspension of intoxicating liquor wholesalers'
14permits for certain violations.
(a) Any person may file a sworn written complaint
15with the department alleging that an intoxicating liquor wholesaler has violated s.
16125.54 (7) (a). The complaint shall identify the specific legal basis for the complaint
17and sufficient facts for the department to determine whether there is cause to find
18that a violation has occurred. The department shall provide a copy of the complaint
19to any wholesaler against whom allegations are made, along with notice of the time
20period under par. (b) to show cause why the wholesaler's permit should not be
21revoked or suspended or to request a hearing.
AB100-ASA1,776,2422 (b) Within 30 days of receiving a copy of the complaint under par. (a), any
23wholesaler against whom allegations are made may file a sworn written response or
24a written request for an evidentiary hearing before the department under s. 227.44.
AB100-ASA1,777,9
1(c) Subject to pars. (d) 1. and (dm), if no request for an evidentiary hearing is
2made under par. (b), within 60 days of receiving any response under par. (b) or, if no
3response is made, within 60 days of the date on which a response or request for
4hearing is due under par. (b), the department shall make a written decision as to
5whether a violation has occurred and either dismiss the complaint or take action
6under par. (e). Any decision under this paragraph shall include findings of fact and
7conclusions of law and shall state all reasons for the decision. The department shall
8provide a copy of the decision to the complainant and to any wholesaler against whom
9allegations are made.
AB100-ASA1,777,17 10(cm) Subject to pars. (d) 2. and (dm), if a request for an evidentiary hearing is
11made under par. (b), the hearing shall be conducted in the manner specified for a
12contested case under ss. 227.44 to 227.50, except that the hearing shall be conducted
13within 45 days of receiving the request for hearing under par. (b) and the department
14shall make its written decision, including whether a violation has occurred and
15whether the complaint is dismissed or action is taken under par. (e), within 15 days
16after the hearing. In addition to service of the decision as provided under s. 227.48,
17the department shall provide a copy of the decision to the complainant.
AB100-ASA1,777,2318 (d) 1. If no request for an evidentiary hearing is made under par. (b), within 60
19days of receiving any response under par. (b) or, if no response is made, within 60 days
20of the date on which a response or request for hearing is due under par. (b), the
21department may extend the time period for making a decision under par. (c) by an
22additional 60 days if the department provides notice within the time period specified
23in par. (c) that an additional 60 days is necessary for investigation.
AB100-ASA1,778,3 242. If a request for an evidentiary hearing is made under par. (b), within 45 days
25of receiving the request for hearing under par. (b), the department may extend the

1time period for conducting the hearing by an additional 45 days if the department
2provides notice within 45 days of receiving the request for hearing under par. (b) that
3an additional 45 days is necessary for investigation.
AB100-ASA1,778,124 (dm) Within 45 days of receiving any response or request for hearing under par.
5(b) or, if no response or request for hearing is made, within 45 days of the date on
6which a response or request for hearing is due under par. (b), the department may
7elect to file a complaint in circuit court under sub. (4) that includes all allegations of
8the complaint under par. (a) for which the department determines there is cause to
9find that a violation of s. 125.54 (7) (a) has occurred. If the department files a
10complaint in circuit court as provided under this paragraph, the department shall
11not conduct a hearing under par. (cm) or make a written decision under par. (c), but
12shall proceed with the matter as provided under sub. (4).
AB100-ASA1,778,1613 (e) If the department finds the allegations under par. (a) true and sufficient, the
14department shall either suspend for not less than 10 days nor more than 90 days or
15revoke the wholesaler's permit, and give notice of the suspension or revocation to the
16wholesaler.
AB100-ASA1,778,1917 (f) A revocation or suspension proceeding under this subsection is a contested
18case under ch. 227, except that ss. 227.44 to 227.50 apply to a proceeding under this
19subsection only if a request for an evidentiary hearing is made under par. (b).
AB100-ASA1, s. 1922 20Section 1922. 125.145 of the statutes is amended to read:
AB100-ASA1,778,25 21125.145 Prosecutions by attorney general or department. Upon request
22by the secretary of revenue, the attorney general may represent this state or assist
23a district attorney in prosecuting any case arising under this chapter. The
24department may represent this state in prosecuting any violation of s. 125.54 (7) (a)
25or (b) and shall bring any such action in the circuit court for Dane County.
AB100-ASA1, s. 1923
1Section 1923. 125.15 of the statutes is created to read:
AB100-ASA1,779,6 2125.15 Actions against intoxicating liquor wholesalers. (1) An
3intoxicating liquor wholesaler, intoxicating liquor retail licensee or permittee, or
4intoxicating liquor trade association that makes a written complaint to the
5department under s. 125.12 (6) of a violation of s. 125.54 (7) (a) may bring an action
6to enforce the provisions of s. 125.54 (7) if any of the following apply:
AB100-ASA1,779,87 (a) The department has not rendered a decision within the time periods
8specified in s. 125.12 (6) (c) to (d).
AB100-ASA1,779,129 (b) The department has rendered a decision under s. 125.12 (6) in which the
10department has determined that a violation has occurred but no action has been
11brought in circuit court by the department, attorney general, or a district attorney
12to prosecute the violation.
AB100-ASA1,779,16 13(2) An intoxicating liquor wholesaler, intoxicating liquor retail licensee or
14permittee, or intoxicating liquor trade association that brings an action under sub.
15(1) shall be entitled to recover reasonable attorney fees if found to be the prevailing
16party.
AB100-ASA1, s. 1924 17Section 1924. 125.54 (7) of the statutes is created to read:
AB100-ASA1,779,2318 125.54 (7) Bona fide wholesalers. (a) 1. The premises described in a permit
19issued under this section shall be capable of warehousing intoxicating liquor. Any
20intoxicating liquor sold by the permittee shall be physically unloaded at the premises
21described in the permit, or at any warehouse premises for which the permittee under
22this section also holds a permit issued under s. 125.19, prior to being delivered to a
23retail licensee or permittee or to another wholesaler.
AB100-ASA1,780,524 2. A permittee under this section shall annually sell and deliver intoxicating
25liquor to at least 10 retail licensees or permittees that do not have any direct or

1indirect interest in each other or in the permittee under this section. The department
2shall not issue a permit under this section unless the applicant represents to the
3department an intention to satisfy this requirement, and shall not renew a permit
4issued under this section unless the permittee demonstrates that this requirement
5has been satisfied.
AB100-ASA1,780,86 (b) No intoxicating liquor retail licensee or permittee may receive a benefit from
7a violation under par. (a) with knowledge of the circumstances giving rise to the
8violation.
AB100-ASA1,780,139 (c) 1. A wholesaler who violates this subsection shall be fined not more than
10$10,000. In addition, a court shall order the wholesaler to forfeit an amount equal
11to any profit gained by the wholesaler or by a retail licensee or permittee that violates
12par. (b), or by both, resulting from the violation, and the court shall further order that
13the wholesaler's permit be revoked.
AB100-ASA1,780,1714 2. A court shall order a retail licensee or permittee who violates this subsection
15to forfeit an amount equal to any profit gained by the retail licensee or permittee
16resulting from the violation, and the court shall further order that the retail license
17or permit be revoked.
AB100-ASA1,780,2018 3. This paragraph shall not affect the authority of any municipality or the
19department to revoke, suspend, or refuse to renew or issue a license or permit under
20s. 125.12.
AB100-ASA1,781,421 (d) The department shall promulgate rules to administer and enforce the
22requirements under this subsection. The rules shall ensure coordination between
23the department's issuance and renewal of permits under this section and its
24enforcement of the requirements of this subsection, and shall require that all
25applications for issuance or renewal of permits under this section be processed by

1department personnel generally familiar with activities of intoxicating liquor
2wholesalers. The department shall establish by rule minimum requirements for
3warehouse facilities on premises described in permits issued under this section and
4for periodic site inspections by the department of such warehouse facilities.
AB100-ASA1, s. 1924m 5Section 1924m. 125.68 (10) (bs) of the statutes is amended to read:
AB100-ASA1,781,76 125.68 (10) (bs) No individual may resell wine received under par. (bm) or
7receive more than 9 27 liters of wine annually under par. (bm).
AB100-ASA1, s. 1930 8Section 1930. 134.66 (1) (a) of the statutes is amended to read:
AB100-ASA1,781,99 134.66 (1) (a) "Cigarette" has the meaning given in s. 139.30 (1) (1m).
AB100-ASA1, s. 1931 10Section 1931. 134.66 (1) (am) of the statutes is created to read:
AB100-ASA1,781,1111 134.66 (1) (am) "Direct marketer" has the meaning given in s. 139.30 (2n).
AB100-ASA1, s. 1932 12Section 1932. 134.66 (2) (a) of the statutes is amended to read:
AB100-ASA1,781,2113 134.66 (2) (a) No retailer, direct marketer, manufacturer, distributor, jobber or
14subjobber, no agent, employee or independent contractor of a retailer, direct
15marketer,
manufacturer, distributor, jobber or subjobber and no agent or employee
16of an independent contractor may sell or provide for nominal or no consideration
17cigarettes or tobacco products to any person under the age of 18, except as provided
18in s. 254.92 (2) (a). A vending machine operator is not liable under this paragraph
19for the purchase of cigarettes or tobacco products from his or her vending machine
20by a person under the age of 18 if the vending machine operator was unaware of the
21purchase.
AB100-ASA1, s. 1933 22Section 1933. 134.66 (2) (am) of the statutes is amended to read:
AB100-ASA1,782,523 134.66 (2) (am) No retailer, direct marketer, manufacturer, distributor, jobber,
24subjobber, no agent, employee or independent contractor of a retailer, direct
25marketer,
manufacturer, distributor, jobber or subjobber and no agent or employee

1of an independent contractor may provide for nominal or no consideration cigarettes
2or tobacco products to any person except in a place where no person younger than 18
3years of age is present or permitted to enter unless the person who is younger than
418 years of age is accompanied by his or her parent or guardian or by his or her spouse
5who has attained the age of 18 years.
AB100-ASA1, s. 1935 6Section 1935. 134.66 (2) (e) of the statutes is amended to read:
AB100-ASA1,782,87 134.66 (2) (e) No retailer or direct marketer may sell cigarettes in a form other
8than as a package or container on which a stamp is affixed under s. 139.32 (1).
AB100-ASA1, s. 1946 9Section 1946. 139.06 (1) (a) of the statutes is amended to read:
AB100-ASA1,782,1610 139.06 (1) (a) The taxes imposed under s. 139.03 (intro.) on intoxicating liquor
11at the rates under s. 139.03 (2m) shall be paid to, and a monthly return filed with,
12the department of revenue on or before the 15th of the month following the month
13in which the tax liability is incurred. An administrative fee of 3 11 cents per gallon
14on intoxicating liquor taxed at the rates under s. 139.03 (2m) is imposed, shall be paid
15along with the taxes and shall be deposited in the appropriation under s. 20.566 (1)
16(ha).
AB100-ASA1, s. 1948 17Section 1948. 139.30 (1) of the statutes is renumbered 139.30 (1m).
AB100-ASA1, s. 1949 18Section 1949. 139.30 (1d) of the statutes is created to read:
AB100-ASA1,782,2319 139.30 (1d) "Bonded direct marketer" means any person who acquires
20unstamped cigarettes from the manufacturer thereof, affixes stamps to the packages
21or other containers, stores them and sells them by direct marketing to consumers for
22their own personal use and who may also acquire stamped cigarettes from
23manufacturers or distributors for such sales.
AB100-ASA1, s. 1950 24Section 1950. 139.30 (1s) of the statutes is created to read:
AB100-ASA1,783,3
1139.30 (1s) "Consumer" means any individual who receives cigarettes for his
2or her personal use or consumption or any individual who has title to or possession
3of cigarettes for any purpose other than for sale or resale.
AB100-ASA1, s. 1951 4Section 1951. 139.30 (2n) of the statutes is created to read:
AB100-ASA1,783,65 139.30 (2n) "Direct marketer" means a bonded direct marketer or a nonbonded
6direct marketer.
AB100-ASA1, s. 1952 7Section 1952. 139.30 (2p) of the statutes is created to read:
AB100-ASA1,783,118 139.30 (2p) "Direct marketing" means publishing or making accessible an offer
9for the sale of cigarettes to consumers in this state, or selling cigarettes to consumers
10in this state, using any means by which the consumer is not physically present at the
11time of sale on a premise that sells cigarettes.
AB100-ASA1, s. 1954b 12Section 1954b. 139.30 (4n) of the statutes is created to read:
AB100-ASA1,783,1413 139.30 (4n) "Government issued identification" includes a valid driver's
14license, state identification card, passport, or military identification.
AB100-ASA1, s. 1956 15Section 1956. 139.30 (8d) of the statutes is created to read:
AB100-ASA1,783,1816 139.30 (8d) "Nonbonded direct marketer" means any person who acquires
17stamped cigarettes from the manufacturers or distributors, stores them, and sells
18them by direct marketing to consumers for their own personal use.
AB100-ASA1, s. 1958 19Section 1958. 139.30 (10) of the statutes is amended to read:
AB100-ASA1,783,2220 139.30 (10) "Retailer" means any person who sells, exposes for sale or possesses
21with intent to sell to consumers any cigarettes
has the meaning given in s. 134.66 (1)
22(g)
.
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