Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,815,21 " Section 2779s. 121.54 (3) of the statutes is amended to read:

SB55-ASA1-AA1,816,9 121.54 (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 school operated by the Wisconsin Center for the Blind and Visually Impaired or the school operated by the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing 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.".

SB55-ASA1-AA1,816,10 1473. Page 929, line 5: after that line insert:

SB55-ASA1-AA1,816,11 " Section 2779r. 121.54 (2) (e) of the statutes is created to read:

SB55-ASA1-AA1,816,17 121.54 (2) (e) If a pupil attending a charter school under s. 118.40 (2r) that is located in the school district operating under ch. 119 would be eligible to be transported under this subsection were the pupil attending a public or private school located in the school district operating under ch. 119, the school board of the school district operating under ch. 119 shall provide transportation to and from the charter school for the pupil.".

SB55-ASA1-AA1,816,18 1474. Page 930, line 8: after that line insert:

SB55-ASA1-AA1,816,19 " Section 2787m. 121.90 (2) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,816,24 121.90 (2) (intro.) "State aid" means aid under ss. 121.08, 121.082, 121.09 and 121.105 and subch. VI, as calculated for the current school year on October 15 under s. 121.15 (4) and including adjustments made under s. 121.15 (4), and amounts under s. 79.095 (4) for the current school year, except that "state aid" excludes all of the following:".

SB55-ASA1-AA1,817,1 1475. Page 930, line 8: after that line insert:

SB55-ASA1-AA1,817,2 " Section 2788L. 121.86 (3) of the statutes is amended to read:

SB55-ASA1-AA1,817,6 121.86 (3) State aid exception. Pupils under sub. (2) (b) and (c) who are enrolled in a kindergarten program or in a preschool program under subch. V of ch. 115 shall be multiplied under sub. (2) (a) 2. by a number equal to the result obtained by multiplying 0.25 by the appropriate fraction under s. 121.004 (7) (c), (cm) or (d).

SB55-ASA1-AA1, s. 2788m Section 2788m. 121.90 (1) (f) of the statutes is created to read:

SB55-ASA1-AA1,817,12 121.90 (1) (f) In determining a school district's revenue limit for the 2002-03 school year or for any school year thereafter, the department shall calculate the number of pupils enrolled in each school year prior to the 2002-03 school year by excluding pupils enrolled in a 4-year-old kindergarten program who are not children with a disability, as defined in s. 115.76 (3).".

SB55-ASA1-AA1,817,13 1476. Page 931, line 3: delete lines 3 to 22 and substitute:

SB55-ASA1-AA1,817,14 " Section 2796ab. 121.91 (3) (a) of the statutes is amended to read:

SB55-ASA1-AA1,818,7 121.91 (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. The resolution shall be filed as provided in s. 8.37. 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 sooner than 42 days after the filing 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.".

SB55-ASA1-AA1,818,8 1477. Page 932, line 23: after that line insert:

SB55-ASA1-AA1,818,9 " Section 2798gc. 121.91 (4) (k) of the statutes is created to read:

SB55-ASA1-AA1,818,13 121.91 (4) (k) The limit otherwise applicable to a school district under sub. (2m) in any school year is increased by an amount equal to the amount spent by the school district in the current year for 4-year-old kindergarten pupils who are not children with a disability, as defined in s. 115.76 (5).".

SB55-ASA1-AA1,818,14 1478. Page 934, line 4: after that line insert:

SB55-ASA1-AA1,818,15 " Section 2801. 125.05 (2) (h) of the statutes is amended to read:

SB55-ASA1-AA1,818,24 125.05 (2) (h) Number of electors. The number of electors in a residence district shall equal not less than the number of names with residences in the district which appear on a the registration list , as defined in s. 5.02 (17). If there is no registration list, the number of electors shall equal the number of names with residences in the district which appear on a poll list as defined in s. 5.02 (14) compiled at the last gubernatorial or presidential election, whichever is most recent, for the residence district on the date that the remonstrance, consent, or counter petition is filed. A person whose name does not appear on a registration list or poll list may not sign a protest petition, consent or counter petition.".

SB55-ASA1-AA1,819,1 1479. Page 934, line 14: after that line insert:

SB55-ASA1-AA1,819,2 " Section 2802m. 125.06 (13) of the statutes is created to read:

SB55-ASA1-AA1,819,11 125.06 (13) Wine sampling on "Class A" premises. (a) The provision of wine taste samples of not more than 3 fluid ounces each, free of charge, by a "Class A" licensee to customers and visitors for consumption on the premises. No "Class A" licensee may provide more than 2 taste samples per day to any one person. This subsection applies only between the hours of 10 a.m. and 6 p.m. Notwithstanding s. 125.07 (1) (a) 1., no "Class A" licensee may provide taste samples under this subsection to any underage person. No "Class A" licensee may provide as taste samples under this subsection wine that the "Class A" licensee did not purchase from a wholesaler.

SB55-ASA1-AA1,819,13 (b) Notwithstanding par. (a) and s. 125.10 (1), a municipality may prohibit the provision of wine under this subsection.".

SB55-ASA1-AA1,819,14 1480. Page 935, line 12: after that line insert:

SB55-ASA1-AA1,819,15 " Section 2805g. 125.31 (1) (a) 2. of the statutes is amended to read:

SB55-ASA1-AA1,819,21 125.31 (1) (a) 2. Notwithstanding ss. 125.29 (2) and 125.33 (1), a brewer may maintain and operate one place on brewery premises and one place on real estate owned by the brewer or a subsidiary or affiliate corporation or limited liability company for the sale of fermented malt beverages for which a Class "B" license is required for each place, but, except as provided in subd. subds. 3. and 4., not more than 2 such Class "B" licenses shall be issued to any brewer.

SB55-ASA1-AA1, s. 2805h Section 2805h. 125.31 (1) (a) 4. of the statutes is created to read:

SB55-ASA1-AA1,820,4 125.31 (1) (a) 4. Notwithstanding ss. 125.29 (2) and 125.33 (1), in addition to places authorized under subd. 2., a brewer may possess 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 brewer are offered for sale in any of these restaurants. No brewer may possess Class "B" licenses under both this subdivision and subd. 3.".

SB55-ASA1-AA1,820,5 1481. Page 939, line 16: after that line insert:

SB55-ASA1-AA1,820,6 " Section 2813. Chapter 126 of the statutes is created to read:

SB55-ASA1-AA1,820,8 Chapter 126 Agricultural Producer security

SB55-ASA1-AA1,820,10 Subchapter I GENERAL

SB55-ASA1-AA1,820,11 126.01 General definitions. In this chapter:

SB55-ASA1-AA1,820,12 (1) "Affiliate" means any of the following persons:

SB55-ASA1-AA1,820,14 (a) An owner, major stockholder, partner, officer, director, member, employee, or agent of a contractor.

SB55-ASA1-AA1,820,15 (b) A person owned, controlled, or operated by a person under par. (a).

SB55-ASA1-AA1,820,16 (2) "Asset" means anything of value owned by a person.

SB55-ASA1-AA1,820,19 (3) "Audited financial statement" means a financial statement on which an independent certified public accountant, or an independent public accountant holding a certificate of authority under ch. 442, has done all of the following:

SB55-ASA1-AA1,820,22 (a) Stated that the financial statement presents fairly, in all material respects, the financial position of a contractor as of a specific date or for a specific period, according to one of the following:

SB55-ASA1-AA1,820,23 1. Generally accepted accounting principles.

SB55-ASA1-AA1,821,3 2. The historical cost basis method of accounting, if the financial statement is a sole proprietor's personal financial statement and the financial statement is prepared on a historical cost basis.

SB55-ASA1-AA1,821,4 (b) Conducted an audit according to generally accepted auditing standards.

SB55-ASA1-AA1,821,6 (4) "Balance sheet" means a statement of assets, liabilities, and equity on a specific date.

SB55-ASA1-AA1,821,7 (5) "Contractor," unless otherwise qualified, means any of the following:

SB55-ASA1-AA1,821,8 (a) A grain dealer, as defined in s. 126.10 (9).

SB55-ASA1-AA1,821,9 (b) A grain warehouse keeper, as defined in s. 126.25 (9).

SB55-ASA1-AA1,821,10 (c) A milk contractor, as defined in s. 126.40 (8).

SB55-ASA1-AA1,821,11 (d) A vegetable contractor, as defined in s. 126.55 (14).

SB55-ASA1-AA1,821,15 (6) "Current assets" means cash and other assets, including trade or investment items, that may be readily converted into cash in the ordinary course of business within one year after the date as of which the value of those assets is determined.

SB55-ASA1-AA1,821,17 (7) "Current liabilities" means those liabilities that are due within one year after the date as of which the value of those liabilities is determined.

SB55-ASA1-AA1,821,19 (8) "Department" means the department of agriculture, trade and consumer protection.

SB55-ASA1-AA1,821,20 (9) "Equity" means the value of assets less the value of liabilities.

SB55-ASA1-AA1,821,22 (10) "Equity statement" means a report of the change in equity from the beginning to the end of the accounting period covered by the report.

SB55-ASA1-AA1,821,24 (11) "Fund" means the agricultural producer security fund established under s. 25.463.

SB55-ASA1-AA1,822,6 (12) "Generally accepted accounting principles" means the accounting standards adopted by the Financial Accounting Standards Board, except that for a business entity organized and operating outside the United States "generally accepted accounting principles" includes generally accepted foreign accounting standards that are substantially equivalent to standards adopted by the Financial Accounting Standards Board.

SB55-ASA1-AA1,822,9 (13) "Grain" means corn, wheat, soybeans, oats, barley, rye, buckwheat, sorghum, flax seed, milo, sunflower seed, and mixed grain, as defined in 7 CFR 810.801, except that "grain" does not include any of the following:

SB55-ASA1-AA1,822,10 (a) Sweet corn or other canning crops for processing.

SB55-ASA1-AA1,822,13 (b) Seed corn, wheat, soybeans, oats, barley, rye, buckwheat, sorghum, flax seed, milo, sunflower seed, or mixed grain used or intended for use solely for planting purposes.

SB55-ASA1-AA1,822,16 (c) Corn, wheat, soybeans, oats, barley, rye, buckwheat, sorghum, flax seed, milo, sunflower seed, or mixed grain that has been rolled, cracked, roasted, or otherwise processed.

SB55-ASA1-AA1,822,18 (14) "Income statement" means a report of the financial results of business operations for a specific period.

SB55-ASA1-AA1,822,19 (15) "Individual" means a natural person.

SB55-ASA1-AA1,822,21 (16) "Interim financial statement" means a statement of financial condition prepared for a period shorter than a fiscal year.

SB55-ASA1-AA1,822,22 (17) "Milk" has the meaning given in s. 97.22 (1) (e).

SB55-ASA1-AA1,823,2 (18) "Person," notwithstanding s. 990.01 (26), means an individual, corporation, cooperative, partnership, limited liability company, trust, state agency, as defined in s. 20.001 (1), local governmental unit, as defined in s. 66.0131 (1) (a), or other legal entity.

SB55-ASA1-AA1,823,5 (19) "Producer," unless otherwise qualified, means a grain producer, as defined in s. 126.10 (10), milk producer, as defined in s. 126.40 (10), or vegetable producer, as defined in s. 126.55 (16).

SB55-ASA1-AA1,823,7 (20) "Reviewed financial statement" means a contractor's financial statement, other than an audited financial statement, if all of the following apply:

SB55-ASA1-AA1,823,9 (a) The contractor attests in writing, under oath, that the financial statement is complete and accurate.

SB55-ASA1-AA1,823,12 (b) The financial statement is reviewed by an independent certified public accountant or by an independent public accountant who holds a certificate of authority under ch. 442.

SB55-ASA1-AA1,823,14 (21) "Security" means security filed or maintained under s. 126.16, 126.31, 126.47, or 126.61.

SB55-ASA1-AA1,823,15 (22) "Sole proprietor" means a contractor who is an individual.

SB55-ASA1-AA1,823,19 (23) "Statement of cash flows" means a report of cash receipts and cash disbursements from operating, investing, and financing activities, including an explanation of changes in cash and cash equivalents for the accounting period covered by the report.

SB55-ASA1-AA1,823,24 (24) "Vegetable" means any vegetable that is grown or sold for use in food processing, whether or not the vegetable is actually processed as food. "Vegetable" includes green beans, kidney beans, lima beans, romano beans, wax beans, beets, cabbage, carrots, celery, cucumbers, onions, peas, potatoes, spinach, squash, and sweet corn, but does not include grain.

SB55-ASA1-AA1,824,3 subchapter II AGRICULTURAL PRODUCER SECURITY FUND

SB55-ASA1-AA1,824,6 126.05 Agricultural producer security fund. (1) The fund is a public trust and shall be administered to secure payments to producers. Moneys deposited into the fund may be used only for the purposes of this chapter.

SB55-ASA1-AA1,824,10 (2) The department shall deposit into the fund all fees, surcharges, assessments, reimbursements, and proceeds of surety bonds that the department collects under this chapter. The department shall keep a record by contractor and industry, of all deposits.

SB55-ASA1-AA1,824,13 126.06 Industry bonds. (1) Department to acquire bonds. Using moneys appropriated under s. 20.115 (1) (v), the department shall acquire and maintain all of the following surety bonds:

SB55-ASA1-AA1,824,16 (a) A surety bond that takes effect on May 1, 2002, to secure payment under s. 126.72 (2) of claims against contributing milk contractors, as defined in s. 126.40 (1).

SB55-ASA1-AA1,824,19 (b) A surety bond that takes effect on September 1, 2002, to secure payment under s. 126.72 (2) of claims against contributing grain dealers, as defined in s. 126.10 (3), and contributing grain warehouse keepers, as defined in s. 126.25 (2).

SB55-ASA1-AA1,824,22 (c) A surety bond that takes effect on February 1, 2002, to secure payment under s. 126.72 (2) of claims against contributing vegetable contractors, as defined in s. 126.55 (4).

SB55-ASA1-AA1,824,23 (2) Bond terms. The department shall ensure all of the following:

SB55-ASA1-AA1,824,25 (a) That the amount of each bond under sub. (1) is at least $5,000,000 but not more than $20,000,000.

SB55-ASA1-AA1,825,1 (b) That the amount of each bond under sub. (1) renews annually.

SB55-ASA1-AA1,825,3 (c) That each bond under sub. (1) is payable to the department for the benefit of the appropriate claimants under sub. (1).

SB55-ASA1-AA1,825,5 (d) That each bond under sub. (1) is issued by a person who is authorized to operate a surety business in this state.

SB55-ASA1-AA1,825,6 (dm) That no surety issues more than one of the 3 bonds under sub. (1).

SB55-ASA1-AA1,825,8 (e) That no bond issued under sub. (1) may be canceled or modified unless one of the following applies: