Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,340,16 121.05 (1) (a) 8. Pupils enrolled in a residential school operated by the state the Wisconsin School for the Deaf or the school operated by the Wisconsin Center for the Blind and Visually Impaired under subch. III of ch. 115 for whom the school district is paying tuition under s. 115.53 (2) determined by multiplying the total number of periods in each day in which the pupils are enrolled in the local public school by the total number of days for which the pupils are enrolled in the local public school and dividing the product by 1,080.".

AB133-ASA1-AA2,340,18 828. Page 1124, line 21: delete "ss. 118.40 (2r) (e) and 119.23 (4)" and substitute "s. 118.40 (2r)".

AB133-ASA1-AA2,340,20 829. Page 1124, line 24: after "(ac)" insert ", calculated as if the reduction under par. (c) had not occurred".

AB133-ASA1-AA2,340,22 830. Page 1125, line 2: after "(ac)" insert ", calculated as if the reduction under par. (c) had not occurred,".

AB133-ASA1-AA2,340,23 831. Page 1125, line 2: after that line insert:

AB133-ASA1-AA2,341,3 "(b) The amount of state aid that the school district operating under ch. 119 is eligible to be paid from the appropriation under s. 20.255 (2) (ac) shall also be reduced by 50% of the amounts paid under s. 119.23 (4) and (4m) in the current school year.

AB133-ASA1-AA2,341,6 (c) The amount of state aid that each school district other than the school district operating under ch. 119 is eligible to be paid from the appropriation under s. 20.255 (2) (ac) shall also be reduced by an amount calculated as follows:

AB133-ASA1-AA2,341,8 1. Add the amounts paid under s. 119.23 (4) and (4m) in the current school year and divide the sum by 2.

AB133-ASA1-AA2,341,12 2. Divide the result obtained under subd. 1. by the total amount of state aid that all school districts other than the school district operating under ch. 119 are eligible to be paid from the appropriation under s. 20.255 (2) (ac), calculated as if the reduction under par. (a) had not occurred.

AB133-ASA1-AA2,341,15 3. Multiply the amount of state aid that the school district is eligible to be paid from the appropriation under s. 20.225 (2) (ac), calculated as if the reduction under par. (a) had not occurred, by the quotient under subd. 2.".

AB133-ASA1-AA2,341,16 832. Page 1125, line 3: substitute "(d)" for "(b)".

AB133-ASA1-AA2,341,17 833. Page 1125, line 4: delete "par. (a)" and substitute "pars. (a) to (c)".

AB133-ASA1-AA2,341,18 834. Page 1127, line 17: after that line insert:

AB133-ASA1-AA2,341,19 " Section 2142m. 121.54 (3) of the statutes is amended to read:

AB133-ASA1-AA2,342,6 121.54 (3) Transportation for children with disabilities. Every school board shall provide transportation for children with disabilities, as defined in s. 115.76 (5), to any public or private elementary or high school, to the Wisconsin school for the visually handicapped school operated by the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin school School for the deaf Deaf or to any special education program for children with disabilities sponsored by a state tax-supported institution of higher education, including a technical college, regardless of distance, if the request for such transportation is approved by the state superintendent. Approval shall be based on whether or not the child can walk to school with safety and comfort. Section 121.53 shall apply to transportation provided under this subsection.".

AB133-ASA1-AA2,342,8 835. Page 1129, line 19: delete the material beginning with that line and ending with page 1130, line 14, and substitute:

AB133-ASA1-AA2,342,11 "121.85 (6) (ar) Hold harmless. The department shall pay to the school district operating under ch. 119 the amount of aid to which the school district is entitled under par. (a), as reduced by par. (am), or $30,000,000, whichever is less.".

AB133-ASA1-AA2,342,12 836. Page 1135, line 3: after that line insert:

AB133-ASA1-AA2,342,13 " Section 2156a. 121.91 (3) (a) of the statutes is amended to read:

AB133-ASA1-AA2,343,6 121.91 (3) (a) If a school board wishes to exceed the limit under sub. (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. Within 10 days after adopting the resolution, the school board shall notify the department of the scheduled date of the referendum and submit a copy of the resolution to the department. 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. The school district clerk shall certify the results of the referendum to the department within 10 days after the referendum is held.".

AB133-ASA1-AA2,343,7 837. Page 1136, line 1: substitute "2000-01" for "1999-2000".

AB133-ASA1-AA2,343,8 838. Page 1137, line 5: after that line insert:

AB133-ASA1-AA2,343,9 " Section 2164r. 125.12 (1) (a) of the statutes is amended to read:

AB133-ASA1-AA2,343,12 125.12 (1) (a) Except as provided in par. (b) this subsection, any municipality or the department may revoke, suspend or refuse to renew any license or permit under this chapter, as provided in this section.

AB133-ASA1-AA2, s. 2164s Section 2164s. 125.12 (1) (c) of the statutes is created to read:

AB133-ASA1-AA2,343,17 125.12 (1) (c) Neither a municipality nor the department may consider an arrest or conviction for a violation punishable under s. 945.03 (2m), 945.04 (2m) or 945.05 (1m) in any action to revoke, suspend or refuse to renew a Class "B" or "Class B" license or permit.".

AB133-ASA1-AA2,343,18 839. Page 1138, line 8: after that line insert:

AB133-ASA1-AA2,343,19 " Section 2165g. 125.51 (3) (am) of the statutes is amended to read:

AB133-ASA1-AA2,344,2 125.51 (3) (am) A "Class B" license issued to a winery authorizes the sale of wine to be consumed by the glass or in opened containers only on the premises where sold and also authorizes the sale of wine in the original package or container to be consumed off the premises where sold, but does not authorize the sale of fermented malt beverages or any intoxicating liquor other than wine. A restaurant for which a permit is issued under s. 125.535 shall not be considered a winery under this paragraph.".

AB133-ASA1-AA2,344,3 840. Page 1139, line 11: after that line insert:

AB133-ASA1-AA2,344,4 " Section 2165m. 134.66 (2) (a) of the statutes is amended to read:

AB133-ASA1-AA2,344,12 134.66 (2) (a) No retailer, manufacturer, distributor, jobber or subjobber, no agent, employe or independent contractor of a retailer, manufacturer, distributor, jobber or subjobber and no agent or employe of an independent contractor may sell or provide for nominal or no consideration cigarettes or tobacco products to any person under the age of 18, except as provided in s. 938.983 (3) 254.92 (2) (a). A vending machine operator is not liable under this paragraph for the purchase of cigarettes or tobacco products from his or her vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase.

AB133-ASA1-AA2, s. 2165n Section 2165n. 134.66 (2) (b) 1. of the statutes is amended to read:

AB133-ASA1-AA2,344,17 134.66 (2) (b) 1. A retailer shall post a sign in areas within his or her premises where cigarettes or tobacco products are sold to consumers stating that the sale of any cigarette or tobacco product to a person under the age of 18 is unlawful under this section and s. 938.983 254.92.

AB133-ASA1-AA2, s. 2165p Section 2165p. 134.66 (2) (b) 2. of the statutes is amended to read:

AB133-ASA1-AA2,344,23 134.66 (2) (b) 2. A vending machine operator shall attach a notice in a conspicuous place on the front of his or her vending machines stating that the purchase of any cigarette or tobacco product by a person under the age of 18 is unlawful under s. 938.983 254.92 and that the purchaser is subject to a forfeiture of not to exceed $25.".

AB133-ASA1-AA2,344,24 841. Page 1139, line 11: after that line insert:

AB133-ASA1-AA2,345,1 " Section 2166a. 138.052 (5) (am) 2. a. of the statutes is amended to read:

AB133-ASA1-AA2,345,9 138.052 (5) (am) 2. a. On January 1, 1994, and annually thereafter, the division of banking for banks, the division of savings and loan institutions for savings and loan associations and savings banks and the office of credit unions for credit unions shall determine the interest rate that is the average of the interest rates paid, rounded to the nearest one-hundredth of a percent, on regular passbook deposit accounts by institutions under the division's or office's jurisdiction at the close of the last quarterly reporting period that ended at least 30 days before the determination is made.

AB133-ASA1-AA2, s. 2167a Section 2167a. 138.052 (5) (am) 2. b. of the statutes is amended to read:

AB133-ASA1-AA2,345,16 138.052 (5) (am) 2. b. The office of credit unions and the division of banking shall report the rate calculated to the division of savings and loan institutions within 5 days after the date on which the determination is made. The division of savings and loan institutions shall calculate the average, rounded to the nearest one-hundredth of a percent, of the 3 rates and report that interest rate to the revisor of statutes within 5 days after the date on which the determination is made.

AB133-ASA1-AA2, s. 2168a Section 2168a. 138.055 (4) (a) of the statutes is amended to read:

AB133-ASA1-AA2,345,19 138.055 (4) (a) The division of savings and loan institutions, if the lender is a savings and loan association or savings bank;

AB133-ASA1-AA2, s. 2169a Section 2169a. 138.056 (1) (a) 4. a. of the statutes is amended to read:

AB133-ASA1-AA2,345,22 138.056 (1) (a) 4. a. The division of savings and loan institutions, if the lender is a savings and loan association or savings bank;".

AB133-ASA1-AA2,345,23 842. Page 1139, line 11: after that line insert:

AB133-ASA1-AA2,345,24 " Section 2165m. 125.51 (4) (v) 2. of the statutes is amended to read:

AB133-ASA1-AA2,346,4 125.51 (4) (v) 2. A hotel that has 100 50 or more rooms of sleeping accommodations and that has either an attached restaurant with a seating capacity of 150 or more persons or a banquet room in which banquets attended by 400 or more persons may be held.".

AB133-ASA1-AA2,346,5 843. Page 1139, line 11: after that line insert:

AB133-ASA1-AA2,346,6 " Section 2165m. 125.535 of the statutes is created to read:

AB133-ASA1-AA2,346,16 125.535 Restaurant-winery permit. The department shall issue a restaurant-winery permit authorizing the retail sale of wine manufactured on the premises for consumption on the premises where sold or in an original unopened package or container for consumption off the premises where sold. The department may issue a restaurant-winery permit to any person who is qualified under s. 125.04 (5) and who holds a valid certificate under s. 73.03 (50). A restaurant-winery permit may be issued only for a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts and that manufactures less than 2,500 gallons of wine per year. A restaurant issued a permit under this section shall not be considered a winery for purposes of s. 125.51 (3) (am).

AB133-ASA1-AA2, s. 2165p Section 2165p. 125.69 (1) (a) of the statutes is renumbered 125.69 (1) (a) 1. and amended to read:

AB133-ASA1-AA2,346,22 125.69 (1) (a) 1. No Except as provided in subds. 2. and 3., no intoxicating liquor manufacturer, rectifier 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.

AB133-ASA1-AA2,346,24 2. A winery that has holds a permit under s. 125.53 may have an ownership interest in a "Class A" license.

AB133-ASA1-AA2, s. 2165t Section 2165t. 125.69 (1) (a) 3. of the statutes is created to read:

AB133-ASA1-AA2,347,3 125.69 (1) (a) 3. A restaurant that holds a permit under s. 125.535 may hold a "Class A" license.

AB133-ASA1-AA2, s. 2165w Section 2165w. 125.69 (1) (b) 1. of the statutes is amended to read:

AB133-ASA1-AA2,347,9 125.69 (1) (b) 1. Except as provided under subds. 2. to 4. 5., no intoxicating liquor manufacturer, rectifier or wholesaler may hold any direct or indirect interest in any "Class B" license or permit or establishment or "Class C" license or establishment and no "Class B" licensee or permittee or "Class C" licensee may hold any direct or indirect interest in a wholesale permit or establishment.

AB133-ASA1-AA2, s. 2165y Section 2165y. 125.69 (1) (b) 5. of the statutes is created to read:

AB133-ASA1-AA2,347,12 125.69 (1) (b) 5. A restaurant that holds a permit under s. 125.535 may hold a "Class B" license or permit or a "Class C" license.".

AB133-ASA1-AA2,347,13 844. Page 1139, line 11: after that line insert:

AB133-ASA1-AA2,347,14 " Section 2165L. 125.51 (3m) (c) of the statutes is amended to read:

AB133-ASA1-AA2,347,23 125.51 (3m) (c) A "Class C" license may be issued to a person qualified under s. 125.04 (5) for a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts and which does not have a barroom if the municipality's quota under sub. (4) prohibits the municipality from issuing a "Class B" license to that person or for a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts and which has a barroom in which wine is the only intoxicating liquor sold. A "Class C" license may not be issued to a foreign corporation, a foreign limited liability company or a person acting as agent for or in the employ of another.".

AB133-ASA1-AA2,347,24 845. Page 1139, line 23: after that line insert:

AB133-ASA1-AA2,348,1 " Section 2170a. 138.12 (5) (a) of the statutes is amended to read:

AB133-ASA1-AA2,348,4 138.12 (5) (a) The commissioner division may revoke or suspend the license of any insurance premium finance company if the commissioner division finds that any of the following:

AB133-ASA1-AA2,348,5 1. Any license issued to such company was obtained by fraud,.

AB133-ASA1-AA2,348,6 2. There was any misrepresentation in the application for the license ,.

AB133-ASA1-AA2,348,8 3. The holder of such license has otherwise shown himself or herself untrustworthy or incompetent to act as a premium finance company,.

AB133-ASA1-AA2,348,9 4. Such The company has violated any provision of this section, or.

AB133-ASA1-AA2,348,13 5. Such The company has been rebating part of the service charge as allowed and permitted herein to any insurance agent or insurance broker or any employe of an insurance agent or insurance broker or to any other person as an inducement to the financing of any insurance policy with the premium finance company.".

AB133-ASA1-AA2,348,14 846. Page 1139, line 23: after that line insert:

AB133-ASA1-AA2,348,15 " Section 2169v. Chapter 139 (title) of the statutes is amended to read:

AB133-ASA1-AA2,348,19 Chapter 139 Beverage, controlled substances and, tobacco and attorney fees taxes".

AB133-ASA1-AA2,348,20 847. Page 1139, line 23: after that line insert:

AB133-ASA1-AA2,348,22 " Section 2169s. 139.03 (5) (b) of the statutes is renumbered 139.03 (5) (b) 1. and amended to read:

AB133-ASA1-AA2,349,7 139.03 (5) (b) 1. Any Except as provided in subd. 2., any person, except an underage person as defined under s. 125.02 (20m), who leaves a foreign country, after spending at least 48 hours in that foreign country, with the purpose of entering this state may have in that person's possession and bring into the state intoxicating liquor or wine in sealed original containers in amounts not to exceed, in the aggregate, 4 liters without payment of the tax imposed under this subchapter. The 4 liters of tax-free intoxicating liquor and wines may not be sent, shipped or carried into the state other than in the immediate possession of the person as qualified by this subsection.

AB133-ASA1-AA2, s. 2169t Section 2169t. 139.03 (5) (b) 2. of the statutes is created to read:

AB133-ASA1-AA2,349,15 139.03 (5) (b) 2. A person who is a member of the national guard, the U. S. armed forces or a reserve component of the U. S. armed forces; who is a state resident; and who leaves a foreign country, after spending at least 48 hours in that foreign country on duty or for training, with the purpose of entering into this state may bring into the state, in sealed original containers and in the person's immediate possession, intoxicating liquor and wine in an aggregate amount not exceeding 16 liters without paying the tax imposed under this subchapter on that amount.".

AB133-ASA1-AA2,349,16 848. Page 1140, line 3: delete that line.

AB133-ASA1-AA2,349,17 849. Page 1140, line 22: delete "70%" and substitute " 50%".

AB133-ASA1-AA2,349,19 850. Page 1140, line 25: delete the material beginning with that line and ending with page 1142, line 6.

AB133-ASA1-AA2,349,20 851. Page 1144, line 9: delete "70%" and substitute "50%".

AB133-ASA1-AA2,349,21 852. Page 1144, line 23: after that line insert:

AB133-ASA1-AA2,349,23 " Section 2182j. Subchapter V of chapter 139 [precedes 139.97] of the statutes is created to read:

AB133-ASA1-AA2,350,3 chapter 139 subchapter V attorney fees tax

AB133-ASA1-AA2,350,9 139.97 Imposition. (1) (a) In this subsection "attorney fees" means fees for legal services, not including the reimbursement of out-of-pocket expenses, paid to a private attorney or a law firm under a contract with the state to provide legal services for the state and awarded to a private attorney or a law firm by a court order, settlement agreement, contingency fee arrangement, arbitration procedure or alternative dispute resolution procedure.

AB133-ASA1-AA2,350,12 (b) An occupational tax is imposed on attorney fees at the rate of 80% of the amount of attorney fees that exceeds the rate of $500 an hour for legal services provided to the state, regardless of the basis on which the attorney fees are paid.

AB133-ASA1-AA2,350,15 139.98 Administration. (1) The department of revenue shall administer the tax under this subchapter and may take any action, conduct any proceeding and impose interest and penalties related to the tax under this subchapter.