AB100: Bill Text Engrossed

AB100-engrossed, s. 2894 Section 2894. 121.845 (3) of the statutes is repealed and recreated to read:

AB100-engrossed,1517,10 121.845 (3) "School" means an organized educational activity operated by the school board and approved by the department.

AB100-engrossed, s. 2894d Section 2894d. 121.85 (4) (b) of the statutes is amended to read:

AB100-engrossed,1517,14 121.85 (4) (b) Any school board that, prior to May 4, 1976, established a plan to reduce racial imbalance in the school district is eligible for state aid under sub. (6) (a) if the department state superintendent approves the plan.

AB100-engrossed, s. 2894h Section 2894h. 121.87 (1) (intro.) of the statutes is amended to read:

AB100-engrossed,1517,20 121.87 (1) (intro.) Any school district that receives aid under this subchapter in the 1989-90 school year or in any school year thereafter shall submit a report to the department state superintendent, on a form provided by the department state superintendent, by August 15 of the following school year. The report shall include all of the following for the school year in which the school district received aid:

AB100-engrossed, s. 2894p Section 2894p. 121.87 (1) (e) of the statutes is amended to read:

AB100-engrossed,1517,23 121.87 (1) (e) Any other information requested by the department state superintendent.

AB100-engrossed, s. 2894t Section 2894t. 121.87 (2) of the statutes is amended to read:

AB100-engrossed,1518,2 121.87 (2) The department state superintendent shall develop a standard method for reporting under sub. (1).

AB100-engrossed, s. 2895 Section 2895. 121.90 (1) of the statutes is amended to read:

AB100-engrossed,1518,8 121.90 (1) "Number of pupils enrolled" means the number of pupils enrolled on the 3rd Friday of September, except that "number of pupils" excludes the number of pupils attending private schools under s. 119.23, including pupils identified in s. 121.05 (1) (a) 1. to 11., except that "number of pupils enrolled" excludes the number of pupils attending public school under s. 118.145 (4).

AB100-engrossed, s. 2896 Section 2896. 121.905 (1) of the statutes is amended to read:

AB100-engrossed,1518,12 121.905 (1) In this section, "revenue ceiling" means $5,300 $5,900 in the 1995-96 1997-98 school year and in any subsequent school year means $5,600 $6,100.

AB100-engrossed, s. 2897 Section 2897. 121.905 (3) (b) of the statutes is amended to read:

AB100-engrossed,1518,18 121.905 (3) (b) Divide the result in par. (a) by the sum of the average of the number of pupils enrolled in the 3 previous school years and the number of pupils enrolled who were school district residents and solely enrolled in a special education program provided by a county handicapped children's education board program in the previous school year.

AB100-engrossed, s. 2897m Section 2897m. 121.91 (2m) (c) (intro.) of the statutes is amended to read:

AB100-engrossed,1518,22 121.91 (2m) (c) (intro.) Except as provided in subs. (3) and, (4) and (6), no school district may increase its revenues for the 1997-98 school year to an amount that exceeds the amount calculated as follows:

AB100-engrossed, s. 2898 Section 2898. 121.91 (2m) (c) 1. of the statutes is amended to read:

AB100-engrossed,1519,4 121.91 (2m) (c) 1. Divide the sum of the amount of state aid received in the previous school year and property taxes levied for the previous school year, excluding funds described under sub. (4) (c), by the average of a number calculated by adding the number of pupils enrolled in the 3 previous school years, subtracting from that total the number of pupils attending private schools under s. 119.23 in the 4th, 3rd and 2nd preceding school years, and dividing the remainder by 3.

AB100-engrossed, s. 2899 Section 2899. 121.91 (2m) (c) 4. of the statutes is amended to read:

AB100-engrossed,1519,10 121.91 (2m) (c) 4. Multiply the result under subd. 3. by the average of a number calculated by adding the number of pupils enrolled in the current and the 2 preceding school years, subtracting from that total the number of pupils attending private schools under s. 119.23 in the 3 previous school years, and dividing the remainder by 3.

AB100-engrossed, s. 2900 Section 2900. 121.91 (2m) (d) 1. of the statutes is amended to read:

AB100-engrossed,1519,18 121.91 (2m) (d) 1. Divide the sum of the amount of state aid received in the previous school year and property taxes levied for the previous school year, excluding funds described under sub. (4) (c), by the average of a number calculated by adding the number of pupils enrolled in the 3 previous school years, subtracting from that total the number of pupils attending charter schools under s. 118.40 (2r) and private schools under s. 119.23 in the 4th, 3rd and 2nd preceding school years and dividing the remainder by 3.

AB100-engrossed, s. 2901 Section 2901. 121.91 (2m) (d) 4. of the statutes is amended to read:

AB100-engrossed,1519,24 121.91 (2m) (d) 4. Multiply the result under subd. 3. by the average of a number calculated by adding the number of pupils enrolled in the current and the 2 preceding school years, subtracting from that total the number of pupils attending charter schools under s. 118.40 (2r) and private schools under s. 119.23 in the 3 previous school years and dividing the remainder by 3.

AB100-engrossed, s. 2902b Section 2902b. 121.91 (3) (a) of the statutes is amended to read:

AB100-engrossed,1520,13 121.91 (3) (a) If a school board wishes to exceed the limit under sub. (1), (2) or (2m) otherwise applicable to the school district in any school year, it shall promptly adopt a resolution supporting inclusion in the final school district budget of an amount equal to the proposed excess revenue. The resolution shall specify whether the proposed excess revenue is for a recurring or nonrecurring purpose, or, if the proposed excess revenue is for both recurring and nonrecurring purposes, the amount of the proposed excess revenue for each purpose. The school board shall call a special referendum in accordance with s. 8.065 for the purpose of submitting the resolution to the electors of the school district for approval or rejection. In lieu of a special referendum, the school board may specify that the referendum be held at the next succeeding spring primary or election or September primary or general election, if such election is, to be held not earlier sooner than 35 days after the adoption of the resolution of the school board.

AB100-engrossed, s. 2902e Section 2902e. 121.91 (3) (c) of the statutes is amended to read:

AB100-engrossed,1521,2 121.91 (3) (c) The referendum shall be held in accordance with chs. 5 to 12. The school district clerk shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the elections board under ss. 5.64 (2) and 7.08 (1) (a). The question submitted shall be whether the limit under sub. (1), (2) or (2m) may be exceeded by a specified amount. If the resolution provides that any of the excess revenue will be used for a nonrecurring purpose, the ballot in the election shall so state and shall specify the amount that will be used for a nonrecurring purpose. The school district clerk shall promptly certify the results of the referendum to the department state superintendent. The limit otherwise applicable to the school district under sub. (1), (2) or (2m) is increased by the amount approved by a majority of those voting on the question.

AB100-engrossed, s. 2902m Section 2902m. 121.91 (4) (a) 1. and 2. of the statutes are amended to read:

AB100-engrossed,1521,8 121.91 (4) (a) 1. If a school board transfers to another governmental unit responsibility for providing any service that it provided in the preceding school year, the limit otherwise applicable under sub. (1), (2) or (2m) in the current school year is decreased by the cost that it would have incurred to provide that service, as determined by the department state superintendent.

AB100-engrossed,1521,13 2. If a school board increases the services that it provides by adding responsibility for providing a service transferred to it from another governmental unit in the previous school year, the limit otherwise applicable under sub. (1), (2) or (2m) in the current school year is increased by the cost of that service, as determined by the department state superintendent.

AB100-engrossed, s. 2902p Section 2902p. 121.91 (4) (a) 3. of the statutes is repealed and recreated to read:

AB100-engrossed,1522,7 121.91 (4) (a) 3. Notwithstanding subd. 2., if a school board increases the services that it provides by adding responsibility for providing a service that is transferred to it from another governmental unit for a child with exceptional educational needs, as defined in s. 115.76 (3), or for a limited-English speaking pupil, as defined in s. 115.955 (7), the limit otherwise applicable under sub. (2m) in the current school year is increased by an amount equal to the estimated cost of providing the service less the estimated amount of aid that the school district will receive for the child or pupil in the following school year under s. 115.88 (1) to (6) and (8), 115.995 or 118.255, as determined by the state superintendent. A school board that transfers or receives responsibility for providing a service under this subdivision shall notify the state superintendent. A school board that transfers responsibility for providing a service under this subdivision shall provide the state superintendent with an estimate of the reduction in cost attributable to the transfer, even if that estimate is zero. The state superintendent shall notify the transferring school district when a receiving school district notifies the state superintendent that it has received responsibility for providing a service transferred to it under this subdivision.

AB100-engrossed, s. 2902s Section 2902s. 121.91 (4) (b) of the statutes is amended to read:

AB100-engrossed,1522,14 121.91 (4) (b) 1. If a school district increases its territory by a boundary change under s. 117.10, 117.11, 117.12, 117.13 or 117.132, the limit otherwise applicable in the school year beginning on the effective date of the boundary change under sub. (1), (2) or (2m) is increased by an amount equal to the cost of extending services to the attached territory in the school year to which the limit applies, as determined by the department state superintendent.

AB100-engrossed,1522,20 2. If a school district decreases its territory due to a boundary change under s. 117.11, 117.12, 117.13 or 117.132, the limit otherwise applicable in the school year beginning on the effective date of the boundary change under sub. (1), (2) or (2m) is decreased by an amount equal to the cost of services that it provided to the detached territory in the school year to which the limit applies, as determined by the department state superintendent.

AB100-engrossed, s. 2902v Section 2902v. 121.91 (4) (f) of the statutes is created to read:

AB100-engrossed,1523,2 121.91 (4) (f) 1. For the 1998-99 school year or any school year thereafter, if the average of the number of pupils enrolled in the current and the 2 preceding school years, as calculated under sub. (2m) (d) 4., is less than the average of the number of pupils enrolled in the 3 previous school years, as calculated under sub. (2m) (d) 1., the limit otherwise applicable under sub. (2m) (d) is increased by the amount determined as follows:

AB100-engrossed,1523,5 a. In the current school year, an amount equal to the additional amount that would have been calculated had the decline in average enrollment been 25% of what it was.

AB100-engrossed,1523,8 b. In the first succeeding school year, an amount equal to the additional amount that would have been calculated had the decline in average enrollment been 50% of what it was.

AB100-engrossed,1523,11 c. In the 2nd succeeding school year, an amount equal to the additional amount that would have been calculated had the decline in average enrollment been 75% of what it was.

AB100-engrossed,1523,14 2. Any additional revenue received by a school district as a result of subd. 1. shall not be included in the base for determining the school district's limit under sub. (2m) (d) for the following school year.

AB100-engrossed, s. 2903 Section 2903. 121.91 (5) of the statutes is amended to read:

AB100-engrossed,1523,23 121.91 (5) (a) Upon request by a school board, the department state superintendent may increase the school district's limit under sub. (1) by the amount necessary to allow the school district to avoid increasing its level of short-term borrowing over the amount of short-term borrowing incurred by the school district in the 1992-93 school year if the school district presents clear and convincing evidence of the need for the increase in the limit. The school board shall provide the department state superintendent with any information that the department state superintendent requires to make the determination.

AB100-engrossed,1524,2 (b) The department state superintendent shall submit to the governor, and to the legislature under s. 13.172 (2), a report summarizing the requests made by school boards under par. (a) and the increases granted by the department state superintendent.

AB100-engrossed, s. 2903g Section 2903g. 121.91 (6) of the statutes is created to read:

AB100-engrossed,1524,9 121.91 (6) In determining a school district's limit under sub. (2m) (c) for the 1997-98 school year, if the average of the number of pupils enrolled in the current and the 2 preceding school years, as calculated under sub. (2m) (c) 4., is more than 2% less than the average of the number of pupils enrolled in the 3 previous school years, as calculated under sub. (2m) (c) 1., the school district's limit shall be calculated as if the decrease had been 2%.

AB100-engrossed, s. 2903m Section 2903m. 121.92 (2) (intro.) of the statutes is amended to read:

AB100-engrossed,1524,12 121.92 (2) (intro.) The department state superintendent shall do all of the following:

AB100-engrossed, s. 2903r Section 2903r. 125.02 (14) of the statutes is amended to read:

AB100-engrossed,1524,16 125.02 (14) "Person" means a natural person, sole proprietorship, partnership, limited liability company, corporation or association or the owner of a single-owner entity that is disregarded as a separate entity under ch. 71.

AB100-engrossed, s. 2903rm Section 2903rm. 125.039 of the statutes is created to read:

AB100-engrossed,1524,23 125.039 Civil liability exemption for retaining proofs of age. No person who holds a license or permit and no employe of such a person is civilly liable for retaining a document presented as proof of age for a reasonable length of time in a good faith effort to determine whether the person who presented the document is an underage person or to notify a law enforcement authority of a suspected violation of s. 125.085 (3) (a) or (b).

AB100-engrossed, s. 2903t Section 2903t. 125.04 (5) (a) 1. of the statutes is amended to read:

AB100-engrossed,1525,2 125.04 (5) (a) 1. Do not have an arrest or conviction record, subject to ss. 111.321, 111.322 and, 111.335 and 125.12 (1) (b).

AB100-engrossed, s. 2904 Section 2904. 125.04 (5) (a) 5. of the statutes is amended to read:

AB100-engrossed,1525,12 125.04 (5) (a) 5. Have successfully completed within the 2 years prior to the date of application a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course that is approved by the department or the department of education educational approval board. This subdivision does not apply to an applicant who held, or who was an agent appointed and approved under sub. (6) of a corporation or limited liability company that held, within the past 2 years, a Class "A", "Class A" or "Class C" license or a Class "B" or "Class B" license or permit or a manager's or operator's license.

AB100-engrossed, s. 2904m Section 2904m. 125.04 (12) (a) of the statutes is amended to read:

AB100-engrossed,1525,23 125.04 (12) (a) From place to place. Every alcohol beverage license or permit may be transferred to another place or premises within the same municipality. An alcohol beverage warehouse permit under s. 125.19, a winery permit under s. 125.53 or an intoxicating liquor wholesaler's permit under s. 125.54 may be transferred to another premises within this state. Transfers shall be made by the issuing authority upon payment of a fee of $10. No retail licensee, retail permittee, intoxicating liquor wholesaler or holder of a warehouse or winery permit is entitled to more than one transfer during the license or permit year. This paragraph does not apply to a license issued under s. 125.51 (4) (v) or to a reserve "Class B" license, as defined in s. 125.51 (4) (a).

AB100-engrossed, s. 2905g Section 2905g. 125.085 (3) (a) 1. of the statutes is amended to read:

AB100-engrossed,1526,9 125.085 (3) (a) 1. No person may make, alter or duplicate an official identification card, provide an official identification card to an underage person or knowingly provide other documentation to an underage person purporting to show that the underage person has attained the legal drinking age. No person may possess an official identification card or other documentation used for proof of age with the intent of providing it to an underage person. Except as provided in subds. 2. and 3., any person who violates this subdivision may be fined not less than $100 $300 nor more than $500 $1,250 or imprisoned for not less than 10 days nor more than 30 days or both.

AB100-engrossed, s. 2905m Section 2905m. 125.085 (3) (bd) of the statutes is amended to read:

AB100-engrossed,1526,15 125.085 (3) (bd) Any underage person who violates par. (b) is subject to a forfeiture of not less than $100 $300 nor more than $500 $1,250, suspension of the person's operating privilege under s. 343.30 (6) (bm), participation in a supervised work program or other community service work under par. (bh) or any combination of these penalties.

AB100-engrossed, s. 2906gg Section 2906gg. 125.10 (1) of the statutes is amended to read:

AB100-engrossed,1526,25 125.10 (1) Authorization. Any municipality may enact regulations incorporating any part of this chapter and may prescribe additional regulations for the sale of alcohol beverages, not in conflict with this chapter. The municipality may prescribe forfeitures or license suspension or revocation for violations of any such regulations. Regulations providing forfeitures or license suspension or revocation must be adopted by ordinance. No municipality may enact or enforce any regulation relating to providing alcohol beverages to an underage or intoxicated person, to an underage person's presence on premises or to an underage person's possession of alcohol beverages unless the regulation strictly conforms with s. 125.07.

AB100-engrossed, s. 2906gm Section 2906gm. 125.12 (1) of the statutes is renumbered 125.12 (1) (a) and amended to read:

AB100-engrossed,1527,5 125.12 (1) (a) Any Except as provided in par. (b), any municipality or the department may revoke, suspend or refuse to renew any license or permit under this chapter, as provided in this section.

AB100-engrossed, s. 2906gr Section 2906gr. 125.12 (1) (b) of the statutes is created to read:

AB100-engrossed,1527,8 125.12 (1) (b) 1. In this paragraph, "violation" means a violation of s. 125.07 (1) (a), or a local ordinance that strictly conforms to s. 125.07 (1) (a).

AB100-engrossed,1527,13 2. No violation may be considered under this section or s.125.04 (5) (a) 1. unless the licensee or permittee has committed another violation within one year preceding the violation. If a licensee or permittee has committed 2 or more violations within one year, all violations committed within one year of a previous violation may be considered under this section or s. 125.04 (5) (a) 1.

AB100-engrossed, s. 2906mg Section 2906mg. 125.12 (2) (ag) 2. and 3. of the statutes are repealed.

AB100-engrossed, s. 2906mm Section 2906mm. 125.12 (2) (b) 2. of the statutes is amended to read:

AB100-engrossed,1527,23 125.12 (2) (b) 2. If the licensee appears as required by the summons and denies the complaint, both the complainant and the licensee may produce witnesses, cross-examine witnesses and be represented by counsel. The licensee shall be provided a written transcript of the hearing at his or her expense. If the hearing is held before the municipal governing body and the complaint is found to be true, the license shall either be suspended for not less than 10 days nor more than 90 days or revoked, except that, if a complaint under par. (ag) 4. is found to be true with respect to a license issued under s. 125.51 (4) (v), the license shall be revoked.

AB100-engrossed, s. 2906mr Section 2906mr. 125.12 (4) (ag) 2. and 3. of the statutes are repealed.

AB100-engrossed, s. 2906mt Section 2906mt. 125.12 (4) (b) of the statutes is amended to read:

AB100-engrossed,1528,15 125.12 (4) (b) Procedure on hearing. If the licensee does not appear as required by the summons, the allegations of the complaint shall be taken as true and if the court finds the allegations sufficient, it shall order the license either suspended for not more than 90 days or revoked, except that, for allegations under par. (ag) 6. with respect to a license issued under s. 125.51 (4) (v), it shall order the license revoked. The clerk of the court shall give notice of the suspension or revocation to the person whose license is suspended or revoked. If the licensee appears and answers the complaint, the court shall fix a date for the hearing not more than 30 days after the return date of the summons. The hearing shall be had before the court without a jury. If upon the hearing the court finds the allegations of the complaint to be true, it shall order the license either suspended for not more than 90 days or revoked , except that, if upon the hearing the court finds allegations under par. (ag) 6. to be true with respect to a license issued under s. 125.51 (4) (v), the court shall order that license revoked. If the court finds the allegations of the complaint to be untrue, the complaint shall be dismissed.

AB100-engrossed, s. 2906mv Section 2906mv. 125.12 (5) of the statutes is amended to read:

AB100-engrossed,1528,24 125.12 (5) Revocations or suspensions of, or refusals to renew, permits by the department. The department may, after notice and an opportunity for hearing, revoke, suspend or refuse to renew any retail permit issued by it for the causes provided in sub. (4) and any other permit issued by it under this chapter for any violation of this chapter or ch. 139, except that, for a violation of sub. (4) (ag) 6. with respect to a license issued under s. 125.51 (4) (v), the department shall revoke the license. A revocation, suspension or refusal to renew is a contested case under ch. 227.

AB100-engrossed, s. 2906r Section 2906r. 125.17 (1) of the statutes is amended to read:

AB100-engrossed,1529,5 125.17 (1) Authorization. Every municipal governing body may shall issue operators' licenses an operator's license to any applicant who is qualified under s. 125.04 (5). Operators' licenses may not be required other than for the purpose of complying with ss. 125.32 (2) and 125.68 (2). Operators' licenses may be issued only upon written application.

AB100-engrossed, s. 2907 Section 2907. 125.17 (6) (a) (intro.) of the statutes is amended to read:

AB100-engrossed,1529,13 125.17 (6) (a) (intro.) Except as provided in par. (b), no municipal governing body may issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course that is approved by the department or the department of education educational approval board, or unless the applicant fulfills one of the following requirements:

AB100-engrossed, s. 2907dd Section 2907dd. 125.51 (3) (e) of the statutes is renumbered 125.51 (3) (e) 1. and amended to read:

AB100-engrossed,1529,21 125.51 (3) (e) 1. The Except as provided in subds. 2. and 3., the annual fee for a "Class B" license shall be determined established by the municipal governing body and shall be the same for all "Class B" licenses, except that the minimum fee shall be $50 and the maximum fee shall be $500. The minimum fee shall does not apply to licenses issued to bona fide clubs and lodges situated and incorporated in the state for at least 6 years.

AB100-engrossed, s. 2907dh Section 2907dh. 125.51 (3) (e) 2. and 3. of the statutes are created to read:

AB100-engrossed,1530,5 125.51 (3) (e) 2. Each municipal governing body shall establish the fee, in an amount not less than $10,000, for an initial issuance of a reserve "Class B" license, as defined in sub. (4) (a) 4., except that the fee for an initial issuance of a reserve "Class B" license to a bona fide club or lodge situated and incorporated in the state for at least 6 years is the fee established under subd. 1. for such a club or lodge. The fee under this subdivision is in addition to any other fee required under this chapter. The annual fee for renewal of a reserve "Class B" license, as defined in sub. (4) (a) 1., is the fee established under subd. 1.

AB100-engrossed,1530,8 3. Each municipal governing body shall establish the annual fee for a "Class B" license issued under sub. (4) (v). The initial annual fee may be different from the annual fee to renew the license.