SB77-SSA1,1329,139
121.91
(4) (a) 1. If a school board transfers to another governmental unit
10responsibility for providing any service that it provided in the preceding school year,
11the limit otherwise applicable under sub. (1), (2) or (2m) in the current school year
12is decreased by the cost that it would have incurred to provide that service, as
13determined by the
department state superintendent.
SB77-SSA1,1329,1814
2. If a school board increases the services that it provides by adding
15responsibility for providing a service transferred to it from another governmental
16unit in the previous school year, the limit otherwise applicable under sub. (1), (2) or
17(2m) in the current school year is increased by the cost of that service, as determined
18by the
department state superintendent.
SB77-SSA1,1329,2319
3. If responsibility for providing a service is transferred from one school board
20to another under subds. 1. and 2., the
department
state superintendent shall ensure
21that the amount of the decrease in the former school district's limit under sub. (2m)
22shall be equal to or greater than the amount of the increase in the latter school
23district's limit under sub. (2m).
SB77-SSA1,1330,6
1121.91
(4) (b) 1. If a school district increases its territory by a boundary change
2under s. 117.10, 117.11, 117.12, 117.13 or 117.132, the limit otherwise applicable in
3the school year beginning on the effective date of the boundary change under sub. (1),
4(2) or (2m) is increased by an amount equal to the cost of extending services to the
5attached territory in the school year to which the limit applies, as determined by the
6department state superintendent.
SB77-SSA1,1330,127
2. If a school district decreases its territory due to a boundary change under s.
8117.11, 117.12, 117.13 or 117.132, the limit otherwise applicable in the school year
9beginning on the effective date of the boundary change under sub. (1), (2) or (2m) is
10decreased by an amount equal to the cost of services that it provided to the detached
11territory in the school year to which the limit applies, as determined by the
12department state superintendent.
SB77-SSA1,1330,1914
121.91
(4) (f) 1. For the 1998-99 school year or any school year thereafter, if the
15average of the number of pupils enrolled in the current and the 2 preceding school
16years, as calculated under sub. (2m) (d) 4., is less than the average of the number of
17pupils enrolled in the 3 previous school years, as calculated under sub. (2m) (d) 1.,
18the limit otherwise applicable under sub. (2m) (d) is increased by the amount
19determined as follows:
SB77-SSA1,1330,2220
a. In the current school year, an amount equal to the additional amount that
21would have been calculated had the decline in average enrollment been 25% of what
22it was.
SB77-SSA1,1330,2523
b. In the first succeeding school year, an amount equal to the additional amount
24that would have been calculated had the decline in average enrollment been 50% of
25what it was.
SB77-SSA1,1331,3
1c. In the 2nd succeeding school year, an amount equal to the additional amount
2that would have been calculated had the decline in average enrollment been 75% of
3what it was.
SB77-SSA1,1331,64
2. Any additional revenue received by a school district as a result of subd. 1.
5shall not be included in the base for determining the school district's limit under sub.
6(2m) (d) for the following school year.
SB77-SSA1,1331,158
121.91
(5) (a) Upon request by a school board, the
department state
9superintendent may increase the school district's limit under sub. (1) by the amount
10necessary to allow the school district to avoid increasing its level of short-term
11borrowing over the amount of short-term borrowing incurred by the school district
12in the 1992-93 school year if the school district presents clear and convincing
13evidence of the need for the increase in the limit. The school board shall provide the
14department state superintendent with any information that the
department state
15superintendent requires to make the determination.
SB77-SSA1,1331,1916
(b) The
department state superintendent shall submit to the governor, and to
17the legislature under s. 13.172 (2), a report summarizing the requests made by school
18boards under par. (a) and the increases granted by the
department state
19superintendent.
SB77-SSA1,1332,221
121.91
(6) In determining a school district's limit under sub. (2m) (c) for the
221997-98 school year, if the average of the number of pupils enrolled in the current
23and the 2 preceding school years, as calculated under sub. (2m) (c) 4., is more than
242% less than the average of the number of pupils enrolled in the 3 previous school
1years, as calculated under sub. (2m) (c) 1., the school district's limit shall be
2calculated as if the decrease had been 2%.
SB77-SSA1,1332,54
121.92
(2) (intro.) The
department
state superintendent shall do all of the
5following:
SB77-SSA1,1332,97
125.02
(14) "Person" means a natural person, sole proprietorship, partnership,
8limited liability company, corporation or association
or the owner of a single-owner
9entity that is disregarded as a separate entity under ch. 71.
SB77-SSA1,1332,1211
125.04
(5) (a) 1. Do not have an arrest or conviction record, subject to ss.
12111.321, 111.322
and, 111.335
and 125.12 (1) (b).
SB77-SSA1,1332,2214
125.04
(5) (a) 5. Have successfully completed within the 2 years prior to the
15date of application a responsible beverage server training course at any location that
16is offered by a technical college district and that conforms to curriculum guidelines
17specified by the technical college system board or a comparable training course that
18is approved by the department or the
department of education educational approval
19board. This subdivision does not apply to an applicant who held, or who was an agent
20appointed and approved under sub. (6) of a corporation or limited liability company
21that held, within the past 2 years, a Class "A", "Class A" or "Class C" license or a
22Class "B" or "Class B" license or permit or a manager's or operator's license.
SB77-SSA1,1333,824
125.04
(12) (a)
From place to place. Every alcohol beverage license or permit
25may be transferred to another place or premises within the same municipality. An
1alcohol beverage warehouse permit under s. 125.19, a winery permit under s. 125.53
2or an intoxicating liquor wholesaler's permit under s. 125.54 may be transferred to
3another premises within this state. Transfers shall be made by the issuing authority
4upon payment of a fee of $10. No retail licensee, retail permittee, intoxicating liquor
5wholesaler or holder of a warehouse or winery permit is entitled to more than one
6transfer during the license or permit year.
This paragraph does not apply to a license
7issued under s. 125.51 (4) (v) or to a reserve "Class B" license, as defined in s. 125.51
8(4) (a).
SB77-SSA1,1333,2110
125.10
(1) Authorization. Any A municipality may enact
regulations
11incorporating any part of this chapter and may prescribe additional regulations for
12the sale of a regulation relating to alcohol beverages
not in conflict with only if the
13regulation strictly conforms to this chapter.
The municipality may prescribe
14forfeitures or license suspension or revocation for violations of any such regulations.
15Regulations providing forfeitures or license suspension or revocation must be
16adopted by ordinance No regulation relating to alcohol beverages that is enacted on
17or before the effective date of this subsection .... [revisor inserts date], is valid unless
18the regulation strictly conforms to this chapter. Nothing in this subsection prohibits
19a municipality from continuing to enforce a regulation that is in effect on the effective
20date of this subsection .... [revisor inserts date], and that relates to alcohol beverages,
21if the regulation strictly conforms to this chapter.
SB77-SSA1, s. 2906gm
22Section 2906gm. 125.12 (1) of the statutes is renumbered 125.12 (1) (a) and
23amended to read:
SB77-SSA1,1334,3
1125.12
(1) (a)
Any Except as provided in par. (b), any municipality or the
2department may revoke, suspend or refuse to renew any license or permit under this
3chapter, as provided in this section.
SB77-SSA1,1334,65
125.12
(1) (b) 1. In this paragraph, "violation" means a violation of s. 125.07
6(1) (a), or a local ordinance that strictly conforms to s. 125.07 (1) (a).
SB77-SSA1,1334,117
2. No violation may be considered under this section or s.125.04 (5) (a) 1. unless
8the licensee or permittee has committed another violation within one year preceding
9the violation. If a licensee or permittee has committed 2 or more violations within
10one year, all violations committed within one year of a previous violation may be
11considered under this section or s. 125.04 (5) (a) 1.
SB77-SSA1,1334,2114
125.12
(2) (b) 2. If the licensee appears as required by the summons and denies
15the complaint, both the complainant and the licensee may produce witnesses,
16cross-examine witnesses and be represented by counsel. The licensee shall be
17provided a written transcript of the hearing at his or her expense. If the hearing is
18held before the municipal governing body and the complaint is found to be true, the
19license shall either be suspended for not less than 10 days nor more than 90 days or
20revoked
, except that, if a complaint under par. (ag) 4. is found to be true with respect
21to a license issued under s. 125.51 (4) (v), the license shall be revoked.
SB77-SSA1,1335,1324
125.12
(4) (b)
Procedure on hearing. If the licensee does not appear as required
25by the summons, the allegations of the complaint shall be taken as true and if the
1court finds the allegations sufficient, it shall order the license either suspended for
2not more than 90 days or revoked
, except that, for allegations under par. (ag) 6. with
3respect to a license issued under s. 125.51 (4) (v), it shall order the license revoked.
4The clerk of the court shall give notice of the suspension or revocation to the person
5whose license is suspended or revoked. If the licensee appears and answers the
6complaint, the court shall fix a date for the hearing not more than 30 days after the
7return date of the summons. The hearing shall be had before the court without a jury.
8If upon the hearing the court finds the allegations of the complaint to be true, it shall
9order the license either suspended for not more than 90 days or revoked
, except that,
10if upon the hearing the court finds allegations under par. (ag) 6. to be true with
11respect to a license issued under s. 125.51 (4) (v), the court shall order that license
12revoked. If the court finds the allegations of the complaint to be untrue, the
13complaint shall be dismissed.
SB77-SSA1,1335,2215
125.12
(5) Revocations or suspensions of, or refusals to renew, permits by
16the department. The department may, after notice and an opportunity for hearing,
17revoke, suspend or refuse to renew any retail permit issued by it for the causes
18provided in sub. (4) and any other permit issued by it under this chapter for any
19violation of this chapter or ch. 139
, except that, for a violation of sub. (4) (ag) 6. with
20respect to a license issued under s. 125.51 (4) (v), the department shall revoke the
21license. A revocation, suspension or refusal to renew is a contested case under ch.
22227.
SB77-SSA1, s. 2907
23Section
2907. 125.17 (6) (a) (intro.) of the statutes is amended to read:
SB77-SSA1,1336,524
125.17
(6) (a) (intro.) Except as provided in par. (b), no municipal governing
25body may issue an operator's license unless the applicant has successfully completed
1a responsible beverage server training course at any location that is offered by a
2technical college district and that conforms to curriculum guidelines specified by the
3technical college system board or a comparable training course that is approved by
4the department or the
department of education educational approval board, or
5unless the applicant fulfills one of the following requirements:
SB77-SSA1, s. 2907dd
6Section 2907dd. 125.51 (3) (e) of the statutes is renumbered 125.51 (3) (e) 1.
7and amended to read:
SB77-SSA1,1336,138
125.51
(3) (e) 1.
The Except as provided in subds. 2. and 3., the annual fee for
9a "Class B" license shall be
determined established by the municipal governing body
10and shall be the same for all "Class B" licenses, except that the minimum fee shall
11be $50 and the maximum fee shall be $500. The minimum fee
shall does not apply
12to licenses issued to bona fide clubs and lodges situated and incorporated in the state
13for at least 6 years.
SB77-SSA1, s. 2907dh
14Section 2907dh. 125.51 (3) (e) 2. and 3. of the statutes are created to read:
SB77-SSA1,1336,2215
125.51
(3) (e) 2. Each municipal governing body shall establish the fee, in an
16amount not less than $10,000, for an initial issuance of a reserve "Class B" license,
17as defined in sub. (4) (a) 4., except that the fee for an initial issuance of a reserve
18"Class B" license to a bona fide club or lodge situated and incorporated in the state
19for at least 6 years is the fee established under subd. 1. for such a club or lodge. The
20fee under this subdivision is in addition to any other fee required under this chapter.
21The annual fee for renewal of a reserve "Class B" license, as defined in sub. (4) (a)
221., is the fee established under subd. 1.
SB77-SSA1,1336,2523
3. Each municipal governing body shall establish the annual fee for a "Class
24B" license issued under sub. (4) (v). The initial annual fee may be different from the
25annual fee to renew the license.
SB77-SSA1,1337,43
125.51
(4) (a) 4. "Reserve "Class B" license" means a license that is not issued
4by a municipality on July 1, 1997, and that is counted under par. (br).
SB77-SSA1,1337,76
125.51
(4) (am) No municipality may issue a license that would cause the
7municipality to exceed its quota.
SB77-SSA1,1337,109
125.51
(4) (b) (intro.)
Except as provided in pars. (c) and (d), the The quota of
10each municipality is the
sum of the following:
SB77-SSA1,1337,13
111g. The number of licenses issued in good faith by the municipality
under s.
12176.05 (21) (h), 1975 stats., plus whichever of the following is the largest: and in force
13on July 1, 1997.
SB77-SSA1, s. 2907hp
14Section 2907hp. 125.51 (4) (b) 1., 2., 3., 4. and 5. and (c) to (u) of the statutes
15are repealed.
SB77-SSA1,1337,1817
125.51
(4) (b) 1m. The number of the municipality's reserve "Class B" licenses
18determined under par. (bm) 3.
SB77-SSA1,1337,2120
125.51
(4) (bm) The clerk of each municipality shall record the number of
21licenses:
SB77-SSA1,1337,2322
1. Authorized to be issued by the municipality on July 1, 1997, under s. 125.51
23(4), 1995 stats.;
SB77-SSA1,1337,2424
2. Described in par. (b) 1g.; and
SB77-SSA1,1337,2525
3. That are reserve "Class B" licenses.
SB77-SSA1,1338,52
125.51
(4) (br) The number of reserve "Class B" licenses authorized to be issued
3by a municipality is 50% of the difference between the number of licenses determined
4under par. (bm) 1. and under par. (b) 1g., except that if the number so determined is
5not a whole number the number shall be rounded down to the nearest whole number.
SB77-SSA1,1338,97
125.51
(4) (v) Notwithstanding par. (am), if a municipality has issued a number
8of licenses equal to or exceeding its quota, the municipal governing body may issue
9a license for any of the following:
SB77-SSA1,1338,1010
1. A full-service restaurant that has a seating capacity of 300 or more persons.
SB77-SSA1,1338,13
112. A hotel that has 100 or more rooms of sleeping accommodations and that has
12either an attached restaurant with a seating capacity of 150 or more persons or a
13banquet room in which banquets attended by 400 or more persons may be held.
SB77-SSA1,1338,1815
134.72
(1) (a) "Facsimile machine" means a machine that transmits copies of
16documents by means of a telephone line, telegraph line, microwave, satellite,
cellular 17radio
wave, fiber optics, coaxial cable or any other transmission facility or any
18switching device.
SB77-SSA1,1338,2220
137.01
(1) (a) The governor shall appoint notaries public who shall be
21Wisconsin residents and at least 18 years of age. Applicants who are not attorneys
22shall file an application with the secretary of state and pay a
$15 $20 fee.
SB77-SSA1,1339,424
137.01
(2) (a) Any Wisconsin resident who is licensed to practice law in this
25state is entitled to a permanent commission as a notary public upon application to
1the secretary of state and payment of a
$15
$50 fee. The application shall include
2a certificate of good standing from the supreme court, the signature and post-office
3address of the applicant and an impression of the applicant's official seal, or imprint
4of the applicant's official rubber stamp.
SB77-SSA1,1339,66
139.01
(2g) "Department" means the department of revenue.
SB77-SSA1,1339,118
139.01
(2r) "File" means mail or deliver a document that the department
9prescribes to the department or, if the department prescribes another method of
10submitting or another destination, use that other method or submit to that other
11destination.
SB77-SSA1,1339,1513
139.01
(5m) "Pay" means mail or deliver funds to the department or, if the
14department prescribes another method of payment or another destination, use that
15other method or submit to that other destination.
SB77-SSA1,1339,1817
139.01
(9m) "Sign" means write one's signature or, if the department
18prescribes another method of authenticating, use that other method.
SB77-SSA1,1340,320
139.03
(2x) (a)
Floor tax imposed. On the date tax rate changes become
21effective under this section a floor tax is imposed upon every manufacturer, rectifier,
22wholesaler and retailer who is in possession of any intoxicating liquor held for resale
23on which the intoxicating liquor tax already has been imposed. The person shall
24determine the volume of that intoxicating liquor and shall file
with the department
25of revenue a return by the 15th day of the month following the month in which the
1new tax rate becomes effective
a return, together with and shall pay any tax due on
2it,
as determined under par. (b).
The department of revenue shall provide the returns
3required under this subsection.