Amendment SA5-AB40

June 16, 2011 - Offered by Senators Hansen, T. Cullen, Carpenter, Holperin, Wirch, Erpenbach, Jauch, C. Larson, Miller, Lassa, Risser and S. Coggs.

AB40-SA5,1,2 At the locations indicated, amend the bill, as shown by senate substitute amendment 1, as follows:

AB40-SA5,1,3 1. Page 4, line 4: delete lines 4 to 7.

AB40-SA5,1,4 2. Page 53, line 23: delete that line.

AB40-SA5,1,5 3. Page 77, line 23: delete that line.

AB40-SA5,1,6 4. Page 108, line 3: after that line insert: - See PDF for table

AB40-SA5,1,7 5. Page 109, line 5: after that line insert: - See PDF for table

AB40-SA5,2,1 6. Page 227, line 2: after that line insert: - See PDF for table

AB40-SA5,2,2 7. Page 245, line 17: after that line insert: - See PDF for table

AB40-SA5,2,5 8. Page 246, line 5: increase the dollar amount for fiscal year 2011-12 by $254,340 and increase the dollar amount for fiscal year 2012-13 by $254,340 for the purpose of funding district attorney information technology.

AB40-SA5,2,6 9. Page 253, line 4: after that line insert: - See PDF for table

AB40-SA5,2,9 10. Page 253, line 18: increase the dollar amount for fiscal year 2011-12 by $136,100 and increase the dollar amount for fiscal year 2012-13 by $136,100 for the purpose of funding law enforcement grants.

AB40-SA5,2,10 11. Page 257, line 13: after that line insert: - See PDF for table

AB40-SA5,2,12 12. Page 263, line 4: increase the dollar amount for fiscal year 2011-12 by $3,500,000 for the purpose of funding a shortfall for the 2009-11 fiscal biennium.

AB40-SA5,2,13 13. Page 272, line 3: after that line insert: - See PDF for table

AB40-SA5,3,4 14. Page 290, line 12: increase the dollar amount for fiscal year 2012-13 by $2,051,800 for the purpose of funding the regional special weapons and tactics and bomb response teams, the Wisconsin statewide information center, and the division of Wisconsin emergency management structural collapse rescue program.

AB40-SA5,3,5 15. Page 298, line 16: delete lines 16 and 17.

AB40-SA5,3,6 16. Page 309, line 24: delete that line.

AB40-SA5,3,7 17. Page 310, line 1: delete lines 1 to 4.

AB40-SA5,3,8 18. Page 351, line 2: after that line insert:

AB40-SA5,3,9 " Section 684h. 20.455 (2) (ag) of the statutes is created to read:

AB40-SA5,3,11 20.455 (2) (ag) Wisconsin statewide information center. The amounts in the schedule to fund the Wisconsin statewide information center.".

AB40-SA5,3,13 19. Page 357, line 6: before "received" insert ", and less the amount indicated in par. (kh) and in s. 20.505 (1) (jc),".

AB40-SA5,3,16 20. Page 358, line 9: delete lines 9 to 12 and substitute "16.971 (9). Of each $21.50 received under s. 814.86 (1), $7.50 shall be transferred from the appropriation account under par. (id) 1. and credited to this appropriation account.".

AB40-SA5,3,17 21. Page 359, line 20: after that line insert:

AB40-SA5,3,18 " Section 727h. 20.505 (6) (am) of the statutes is created to read:

AB40-SA5,3,20 20.505 (6) (am) Regional special weapons and tactics. The amounts in the schedule to fund a regional special weapons and tactics and bomb response team.".

AB40-SA5,3,21 22. Page 364, line 5: delete that line.

AB40-SA5,3,22 23. Page 368, line 23: after that line insert:

AB40-SA5,4,1 " Section 768d. 20.670 (1) (g) of the statutes is created to read:

AB40-SA5,4,3 20.670 (1) (g) Gifts and grants. All moneys received as gifts or grants to carry out the purposes for which made.".

AB40-SA5,4,4 24. Page 376, line 11: delete ", (br), and (s), and" and substitute ", (br), (s), and".

AB40-SA5,4,5 25. Page 376, line 12: delete "(tb)" and substitute "(tb)".

AB40-SA5,4,6 26. Page 384, line 6: delete that line.

AB40-SA5,4,7 27. Page 390, line 5: after that line insert:

AB40-SA5,4,8 " Section 804v. 20.923 (2) (b) of the statutes is amended to read:

AB40-SA5,4,14 20.923 (2) (b) The annual salary of each state senator , and representative to the assembly, justice of the supreme court, court of appeals judge and circuit judge shall be reviewed and established in the same manner as provided for positions in the classified service under s. 230.12 (3). The salary established for the chief justice of the supreme court shall be different than the salaries established for the associate justices of the supreme court.

AB40-SA5, s. 804x Section 804x. 20.923 (3) of the statutes is amended to read:

AB40-SA5,5,5 20.923 (3) Justices and judges. The annual salary for any supreme court justice or judge of the court of appeals or circuit court shall be established under sub. (2), except that any reviewed and established in the same manner as provided for positions in the classified service under s. 230.12 (3), but shall be based on recommendations submitted to the joint committee on employment relations by the judicial compensation commission under s. 757.84 (2). The compensation adjustments granted under s. 230.12 shall not become effective until such time as any justice or judge takes the oath of office. 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-SA5,5,6 28. Page 407, line 7: delete lines 7 to 18.

AB40-SA5,5,7 29. Page 417, line 3: delete lines 3 to 7.

AB40-SA5,5,8 30. Page 652, line 1: delete lines 1 to 18.

AB40-SA5,5,10 31. Page 884, line 21: delete the material beginning with that line and ending with page 885, line 2.

AB40-SA5,5,12 32. Page 886, line 23: delete the material beginning with that line and ending with page 890, line 18.

AB40-SA5,5,14 33. Page 894, line 4: delete "and in subsequent years" and substitute "and in subsequent years".

AB40-SA5,5,15 34. Page 894, line 16: delete that line.

AB40-SA5,5,17 35. Page 929, line 4: delete the material beginning with that line and ending with page 930, line 4.

AB40-SA5,5,18 36. Page 933, line 3: delete lines 3 to 9.

AB40-SA5,5,20 37. Page 975, line 9: in the material inserted by assembly amendment 1 to assembly amendment 1, delete page 30, lines 15 to 17, and substitute:

AB40-SA5,5,22 " Section 2407dg. 111.70 (4) (c) 2. a. of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-SA5,5,23 111.70 (4) (c) 2. a. Parties to a dispute pertaining to the meaning".

AB40-SA5,6,2 38. Page 975, line 9: in the material inserted by assembly amendment 1 to assembly amendment 1, after page 30, line 21, insert:

AB40-SA5,6,3 " Section 2407dL. 111.70 (4) (c) 2. b. of the statutes is created to read:

AB40-SA5,6,9 111.70 (4) (c) 2. b. A collective bargaining agreement may, notwithstanding s. 62.13 (5), contain dispute resolution procedures, including arbitration, that address the suspension, reduction in rank, suspension and reduction in rank, or removal of such personnel. If the procedures include arbitration, the arbitration hearing shall be public and the decision of the arbitrator shall be issued within 180 days of the conclusion of the hearing.".

AB40-SA5,6,10 39. Page 975, line 19: delete that line.

AB40-SA5,6,11 40. Page 1065, line 19: delete lines 19 to 22.

AB40-SA5,6,12 41. Page 1067, line 9: delete lines 9 to 21.

AB40-SA5,6,14 42. Page 1067, line 24: delete "Except as provided in s. 125.29," and substitute "Except as provided in s. 125.29,".

AB40-SA5,6,15 43. Page 1067, line 24: delete " a " and substitute "a".

AB40-SA5,6,16 44. Page 1067, line 25: delete "A".

AB40-SA5,6,17 45. Page 1071, line 7: after that line insert:

AB40-SA5,6,18 " Section 2604en. 125.28 (2) (f) of the statutes is created to read:

AB40-SA5,6,23 125.28 (2) (f) Paragraphs (b) 1. b., c., and f. and 2. and (d) do not apply to a brewer that manufactures less than 300,000 barrels of fermented malt beverages in a calendar year from all locations. Such a brewer may hold a 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-SA5,7,1 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: