Amendment SA1-SSA1-AB75

AB75-SSA1-SA1,110,18 (d) Except as provided in this subsection, all sections of this chapter applying to Class "B" licenses apply to Class "B" permits issued under this subsection.".

AB75-SSA1-SA1,110,19 398. Page 1278, line 21: after that line insert:

AB75-SSA1-SA1,110,20 " Section 2318ir. 125.51 (10) of the statutes is amended to read:

AB75-SSA1-SA1,111,19 125.51 (10) Temporary licenses. Notwithstanding s. 125.68 (3), temporary "Class B" licenses may be issued to bona fide clubs, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least 6 months before the date of application and to posts of veterans' organizations authorizing the sale of wine in an original package, container or bottle or by the glass if the wine is dispensed directly from an original package, container or bottle at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. Notwithstanding s. 125.68 (3), temporary "Class B" licenses may also be issued to nonprofit organizations, as defined in s. 134.695 (1) (am), authorizing the sale of wine, including the provision of wine free of charge, in an original package, container, or bottle, or by the glass if the wine is dispensed directly from an original package, container, or bottle, at fund-raising events. The amount of the fee for the license shall be $10, except that no fee may be charged to a person who at the same time applies for a temporary Class "B" license under s. 125.26 (6) for the same event. A license issued to a county or district fair licenses the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of wine from leased stands on the fairgrounds. The county or district fair to which the license is issued may lease stands on the fairgrounds to persons who may engage in retail sales of wine from the stands while the fair is being held. Not more than 2 licenses may be issued under this subsection to any club, county or local fair association, agricultural association, church, lodge, society or, veterans post, or nonprofit organization in any 12-month period.".

AB75-SSA1-SA1,111,20 399. Page 1278, line 21: after that line insert:

AB75-SSA1-SA1,111,21 " Section 2318im. 125.51 (4) (w) 4. of the statutes is created to read:

AB75-SSA1-SA1,112,2 125.51 (4) (w) 4. Notwithstanding pars. (am) to (d) and s. 125.185 (5), a 3rd class city located in Dane County having a population as shown in the 2000 federal decennial census of at least 15,000 but not more than 16,000 may issue 2 "Class B" licenses in addition to the number of licenses determined for the city's quota under pars. (b) to (d).".

AB75-SSA1-SA1,112,3 400. Page 1278, line 21: after that line insert:

AB75-SSA1-SA1,112,4 " Section 2318ip. 125.51 (5) (d) of the statutes is created to read:

AB75-SSA1-SA1,112,6 125.51 (5) (d) Permits for certain tribes. 1. In this paragraph, "tribe" has the meaning given in s. 125.27 (3) (a).

AB75-SSA1-SA1,112,14 2. Upon application, the department shall issue a "Class B" permit to a tribe that holds a valid certificate issued under s. 73.03 (50) and that is qualified under s. 125.04 (5) and (6). The permit authorizes the retail sale of intoxicating liquor for consumption on the premises where sold by the glass and not in the original package or container. The permit also authorizes the sale of intoxicating liquor in the original package or container, in multiples not to exceed 4 liters at any one time, to be consumed off the premises where sold, except that wine is not subject to the 4-liter limitation.

AB75-SSA1-SA1,112,16 3. Except as provided in this paragraph, all sections of this chapter applying to "Class B" licenses apply to "Class B" permits issued under this paragraph.".

AB75-SSA1-SA1,112,17 401. Page 1278, line 21: after that line insert:

AB75-SSA1-SA1,112,18 " Section 2318it. 125.51 (4) (x) of the statutes is created to read:

AB75-SSA1-SA1,112,19 125.51 (4) (x) 1. In this paragraph:

AB75-SSA1-SA1,112,23 a. "Area base value" means the aggregate assessed value of all taxable property located within the geographic bounds of a capital improvement area on January 1 of the year that is 5 years prior to the year in which such capital improvement area is enumerated under subd. 2.

AB75-SSA1-SA1,113,5 b. "Capital improvement area" means a geographic area that is enumerated under subd. 2. as having an improvement increment exceeding $50,000,000 in the year in which the area is enumerated and as being located within a municipality with insufficient reserve "Class B" licenses to issue a "Class B" license for each business or proposed business that would reasonably require one.

AB75-SSA1-SA1,113,16 c. "Good faith," with respect to an applicant's attempt to purchase a "Class B" licensed business, includes an applicant making an offer to purchase the business for an amount exceeding $25,000 in total value, without additional significant conditions placed on the purchase by either party, after having given notice to all current "Class B" license holders within the municipality where the business is located, by U.S. mail addressed to either the licensee's last-known address or to the licensed premises, of the applicant's interest in purchasing a licensed business, except that an offer in an amount of $25,000 or less may also be considered to be in a good faith for purposes of this subd. 1. c. depending on the fair market value of the business, the availability of other licensed businesses for purchase, and any conditions attached to the sale.

AB75-SSA1-SA1,113,19 d. "Improvement increment" means the aggregate assessed value of all taxable property in a capital improvement area as of January 1 of any year minus the area base value.

AB75-SSA1-SA1,113,25 e. "Qualified applicant" means an applicant that complies with all requirements under s. 125.04 (5) and (6) and any applicable ordinance, that certifies by affidavit that the applicant has made a good faith attempt to purchase the business of a person holding a "Class B" license within the municipality and have that license transferred to the applicant under s. 125.04 (12) (b) 4., and for whom the issuing municipality has determined that these requirements have been met.

AB75-SSA1-SA1,114,2 2. The legislature hereby enumerates the following areas, with the geographic boundaries described in this subdivision, as capital improvement areas:

AB75-SSA1-SA1,114,6 a. The geographic area composed of all land within the Tax Incremental District Number 3 within the city of Oconomowoc in Waukesha County that lies south of Valley Road and east of STH 67 or that lies south of I 94 and west of STH 67.

AB75-SSA1-SA1,114,12 3. Notwithstanding pars. (am) to (d) and s. 125.185 (5), upon application by a qualified applicant, the governing body of any municipality containing a capital improvement area enumerated under subd. 2. a. shall issue to the qualified applicant one "Class B" license in addition to the number of licenses determined for the municipality's quota under pars. (b) to (d) and in addition to any license under par. (v).

AB75-SSA1-SA1,115,9 4. Notwithstanding pars. (am) to (d) and s. 125.185 (5), after a qualified applicant has filed an application under subd. 3. and upon application by an initial qualified applicant under this subdivision, the governing body of any municipality containing a capital improvement area enumerated under subd. 2. a. shall determine the improvement increment within the capital improvement area for the calendar year in which the application under this subdivision is filed. If the improvement increment is at least $10,000,000 above $50,000,000, the governing body of the municipality shall issue to the initial qualified applicant a "Class B" license. For each $10,000,000 of improvement increment above $50,000,000, the governing body of the municipality is authorized to issue under this subdivision one "Class B" license and, upon each application by a qualified applicant subsequent to that of the initial qualified applicant, the governing body of the municipality shall issue a "Class B" license to the qualified applicant until all licenses authorized under this subdivision have been issued. If the governing body of any municipality receives an application by a qualified applicant in a calendar year subsequent to the calendar year in which it received the application of the initial qualified applicant, the governing body of the municipality shall redetermine the improvement increment for that year for the purpose of determining the number of "Class B" licenses authorized under this subdivision. The "Class B" licenses that a municipality is authorized to issue under this subdivision are in addition to the number of licenses determined for the municipality's quota under pars. (b) to (d), any license under par. (v), and the license under subd. 3.

AB75-SSA1-SA1,115,12 5. Notwithstanding subds. 3. and 4., not more than 10 "Class B" licenses may be issued under this paragraph for premises within the same capital improvement area.

AB75-SSA1-SA1,115,18 6. Notwithstanding subd. 7., any "Class B" license issued under this paragraph may be transferred as provided under s. 125.04 (12) (b) 4. Notwithstanding subds. 5. and 7., if a "Class B" license issued under this paragraph is surrendered to the issuing municipality, revoked, or not renewed, the municipality may reissue the license to a qualified applicant for a premises located within the same capital improvement area for which the license was originally issued.

AB75-SSA1-SA1,115,19 7. No "Class B" license may be issued under this paragraph after July 1, 2017.".

AB75-SSA1-SA1,115,21 402. Page 1278, line 22: delete the material beginning with that line and ending with page 1281, line 22.

AB75-SSA1-SA1,115,22 403. Page 1282, line 18: delete "$1.87".

AB75-SSA1-SA1,116,3 404. Page 1282, line 19: delete lines 19 and 20 and substitute "per ounce, and at a proportionate rate for any other quantity or fractional part thereof, of the moist snuff's net weight, as listed by the manufacturer 97 percent of the manufacturer's established list price to distributors without diminution by volume or other discounts on domestic products. The tax".

AB75-SSA1-SA1,116,4 405. Page 1282, line 21: delete "50 71" and substitute "50".

AB75-SSA1-SA1,116,8 406. Page 1282, line 25: after "States." insert "On moist snuff imported from another country, the rate of the tax is 97 percent of the amount obtained by adding the manufacturer's list price to the federal tax, duties, and transportation costs to the United States.".

AB75-SSA1-SA1,116,10 407. Page 1283, line 7: delete the material beginning with that line and ending with page 1284, line 12.

AB75-SSA1-SA1,116,15 408. Page 1284, line 17: delete lines 17 and 18 and substitute "$1.31 per ounce, and at a proportionate rate for any other quantity or fractional part thereof, of the moist snuff's net weight, as listed by the manufacturer 97 percent of the manufacturer's established list price to distributors without diminution by volume or other discounts on domestic products. The tax".

AB75-SSA1-SA1,116,16 409. Page 1284, line 19: delete "50 71" and substitute "50".

AB75-SSA1-SA1,116,18 410. Page 1290, line 14: delete the material beginning with that line and ending with page 1291, line 2, and substitute:

AB75-SSA1-SA1,117,10 "146.81 (5) "Person authorized by the patient" means the parent, guardian, or legal custodian of a minor patient, as defined in s. 48.02 (8) and (11),; the person vested with supervision of the child under s. 938.183 or 938.34 (4d), (4h), (4m), or (4n),; the guardian of a patient adjudicated incompetent in this state,; the personal representative or, spouse, or domestic partner under ch. 770 of a deceased patient, any person authorized in writing by the patient or; a health care agent designated by the patient as a principal under ch. 155 if the patient has been found to be incapacitated under s. 155.05 (2), except as limited by the power of attorney for health care instrument; or a person who qualifies as the patient's personal representative under 45 CFR 164.502 (g). If no spouse or domestic partner survives a deceased patient, "person authorized by the patient" also means an adult member of the deceased patient's immediate family, as defined in s. 632.895 (1) (d). A court may appoint a temporary guardian for a patient believed incompetent to consent to the release of records under this section as the person authorized by the patient to decide upon the release of records, if no guardian has been appointed for the patient.".

AB75-SSA1-SA1,117,11 411. Page 1292, line 10: delete "21" and substitute " 30".

AB75-SSA1-SA1,117,12 412. Page 1292, line 19: delete "21" and substitute "30".

AB75-SSA1-SA1,117,13 413. Page 1293, line 6: delete lines 6 to 8 and substitute:

AB75-SSA1-SA1,117,16 "1. For paper copies requested before January 1, 2011, 35 cents per page; for paper copies requested on or after January 1, 2011, the amount published by the department under sub. (1i).

AB75-SSA1-SA1,117,19 2. For microfiche or microfilm copies requested before January 1, 2011, $1.25 per page; for microfiche or microfilm copies requested on or after January 1, 2011, the amount published by the department under sub. (1i).

AB75-SSA1-SA1,117,22 3. For a print of an X-ray requested before January 1, 2011, $10 per image; for a print of an X-ray requested on or after January 1, 2011, the amount published by the department under sub. (1i).".

AB75-SSA1-SA1,117,23 414. Page 1294, line 13: delete lines 13 to 17 and substitute:

AB75-SSA1-SA1,118,3 "1. For paper copies requested before January 1, 2011, 35 cents per page; for paper copies requested on or after January 1, 2011, the amount published by the department under sub. (1i).

AB75-SSA1-SA1,118,6 2. For microfiche or microfilm copies requested before January 1, 2011, $1.25 per page; for microfiche or microfilm copies requested on or after January 1, 2011, the amount published by the department under sub. (1i).

AB75-SSA1-SA1,118,9 3. For a print of an X-ray requested before January 1, 2011, $10 per image; for a print of an X-ray requested on or after January 1, 2011, the amount published by the department under sub. (1i).

AB75-SSA1-SA1,118,12 4. For certification of copies for a request that is made before January 1, 2011, $5; for certification of copies for a request that is made on or after January 1, 2011, the amount published by the department under sub. (1i).

AB75-SSA1-SA1,118,16 5. For processing and handling for a request that is made before January 1, 2011, a single charge of $15 for all copies requested; for processing and handling for a request that is made on or after January 1, 2011, a single charge, in the amount published by the department under sub. (1i), for all copies requested.".

AB75-SSA1-SA1,118,18 415. Page 1294, line 19: delete "patient or person authorized by the patient" and substitute "requester".

AB75-SSA1-SA1,118,19 416. Page 1295, line 2: after that line insert:

AB75-SSA1-SA1,118,20 " Section 2433g. 146.83 (1i) of the statutes is created to read:

AB75-SSA1-SA1,119,6 146.83 (1i) The department shall determine the amounts under sub. (1f) (c) 1., 2., and 3. and (1h) (b) 1., 2., 3., 4., and 5. that apply in 2011 and each subsequent year. The department shall annually increase the amounts under sub. (1f) (c) 1., 2., and 3. and (1h) (b) 1., 2., 3., 4., and 5. by a percentage equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August of the previous year and the U.S. consumer price index for all urban consumers, U.S. city average, for the month of August of the 2nd previous year, as determined by the federal department of labor. The department shall publish the applicable amounts on its Internet Web site by December 15 of the previous year.".

AB75-SSA1-SA1,119,7 417. Page 1295, line 22: delete "21" and substitute "30".

AB75-SSA1-SA1,119,8 418. Page 1295, line 24: delete "21" and substitute "30".

AB75-SSA1-SA1,119,9 419. Page 1296, line 2: delete "21" and substitute "30".

AB75-SSA1-SA1,119,10 420. Page 1296, line 3: delete "21" and substitute "30".

AB75-SSA1-SA1,119,11 421. Page 1307, line 16: after that line insert:

AB75-SSA1-SA1,119,12 " Section 2443d. 165.018 of the statutes is repealed.".

AB75-SSA1-SA1,119,13 422. Page 1309, line 7: after that line insert:

AB75-SSA1-SA1,119,14 " Section 2446m. 165.755 (1) (b) of the statutes is amended to read:

AB75-SSA1-SA1,119,22 165.755 (1) (b) A court may not impose the crime laboratories and drug law enforcement surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (b), for a financial responsibility violation under s. 344.62 (2), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).".

AB75-SSA1-SA1,120,2 423. Page 1312, line 20: delete the material beginning with that line and ending with page 1315, line 23.

AB75-SSA1-SA1,120,3 424. Page 1316, line 3: before "632.895" insert "632.885,".

AB75-SSA1-SA1,120,4 425. Page 1316, line 11: before "632.895" insert "632.885,".

AB75-SSA1-SA1,120,6 426. Page 1319, line 18: delete the material beginning with that line and ending with page 1320, line 5.

AB75-SSA1-SA1,120,8 427. Page 1320, line 10: delete "active voice or nonvoice" and substitute "active retail voice".

AB75-SSA1-SA1,120,15 428. Page 1320, line 14: delete the material beginning with "that the" and ending with "subscriber." on line 15 and substitute "with an assigned telephone number, including a communication service provided via a voice over Internet protocol connection. If a communications provider provides multiple communications service connections to a subscriber, the communications provider shall impose a separate fee under this subdivision on each of the first 10 connections and one additional fee for each 10 additional connections per billed account.".

AB75-SSA1-SA1,120,19 429. Page 1320, line 18: delete "fee."" and substitute "fee," or, if the communications provider combines the fee with a charge imposed under s. 256.35 (3), the communications provider shall identify the combined fee and charge as "charge for funding countywide 911 systems plus police and fire protection fee."".

AB75-SSA1-SA1,120,20 430. Page 1321, line 18: after that line insert:

AB75-SSA1-SA1,120,22 " Section 2454L. 196.025 (6) of the statutes, as created by 2009 Wisconsin Act .... (this act), is repealed.".

AB75-SSA1-SA1,120,23 431. Page 1322, line 5: after that line insert:

AB75-SSA1-SA1,121,2 " Section 2460f. 196.202 (2) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB75-SSA1-SA1,121,9 196.202 (2) Scope of regulation. A commercial mobile radio service provider is not subject to ch. 201 or this chapter, except as provided in sub. (5), and except that a commercial mobile radio service provider is subject to ss. 196.218 (3) and 196.859, and shall respond, subject to the protection of the commercial mobile radio service provider's competitive information, to all reasonable requests for information about its operations in this state from the commission necessary to administer ss. 196.218 (3) and 196.859.".

AB75-SSA1-SA1,121,10 432. Page 1322, line 12: after that line insert:

AB75-SSA1-SA1,121,12 " Section 2460t. 196.203 (1) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB75-SSA1-SA1,121,17 196.203 (1) Alternative telecommunications utilities are exempt from all provisions of ch. 201 and this chapter, except as provided in this section and except that an alternative telecommunications utility that is a local government telecommunications utility, as defined in s. 196.204 (5) (ag) 1., is subject to s. 196.204 (5).".

AB75-SSA1-SA1,121,19 433. Page 1322, line 19: delete the material beginning with that line and ending with page 1323, line 11.

AB75-SSA1-SA1,121,20 434. Page 1323, line 15: after that line insert:

AB75-SSA1-SA1,121,22 " Section 2475L. 196.499 (1) (intro.) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB75-SSA1-SA1,122,3 196.499 (1) Scope. (intro.) Notwithstanding any other provisions of this chapter, a telecommunications carrier is not subject to regulation under this chapter, except under each of the following provisions:".

AB75-SSA1-SA1,122,4 435. Page 1324, line 8: delete lines 8 to 25.

AB75-SSA1-SA1,122,5 436. Page 1325, line 1: delete lines 1 to 9.

AB75-SSA1-SA1,122,7 437. Page 1325, line 18: delete the material beginning with that line and ending with page 1326, line 5.

AB75-SSA1-SA1,122,9 438. Page 1326, line 25: delete the material beginning with that line and ending with page 1327, line 20.

AB75-SSA1-SA1,122,11 439. Page 1328, line 7: delete the material beginning with that line and ending with page 1329, line 24.

AB75-SSA1-SA1,122,12 440. Page 1330, line 18: after that line insert:

AB75-SSA1-SA1,122,13 " Section 2482m. 230.04 (17m) of the statutes is created to read:

AB75-SSA1-SA1,122,17 230.04 (17m) Upon receiving notice from the department of corrections that a unit supervisor position in the division of adult institutions in the department of corrections has become vacant, the director shall reclassify the position under s. 230.09 as a teacher position.".