AB75,1264,74 121.90 (2) (am) 3. All federal moneys received from allocations from the state
5fiscal stabilization fund that are distributed to school districts either as general
6equalization aid or as subgrants based on the school districts' relative shares of
7funding under 20 USC 6311 to 6339.
AB75, s. 2312 8Section 2312. 121.90 (2) (bm) (intro.) of the statutes is created to read:
AB75,1264,99 121.90 (2) (bm) (intro.) "State aid" excludes all of the following:
AB75, s. 2313 10Section 2313. 121.905 (1) of the statutes is amended to read:
AB75,1264,1211 121.905 (1) In this section, "revenue ceiling" means $8,700 $9,400 in the
122007-08 2009-10 school year and $9,000 $9,800 in any subsequent school year.
AB75, s. 2314 13Section 2314. 121.91 (2m) (t) of the statutes is created to read:
AB75,1264,1614 121.91 (2m) (t) 1. If 2 or more school districts are consolidated under s. 117.08
15or 117.09, the consolidated school district's revenue limit shall be determined as
16provided under par. (e) except as follows:
AB75,1264,2017 a. For the school year beginning with the effective date of the consolidation, the
18state aid received in the previous school year by the consolidated school district is the
19sum of the state aid amounts received in the previous school year by all of the affected
20school districts.
AB75,1264,2421 b. For the school year beginning with the effective date of the consolidation, the
22property taxes levied for the previous school year for the consolidated school district
23is the sum of the property taxes levied for the previous school year by all of the
24affected school districts.
AB75,1265,5
1c. For the school year beginning with the effective date of the consolidation and
2the 2 succeeding school years, the number of pupils enrolled in the consolidated
3school district in any school year previous to the effective date of the consolidation
4is the sum of the number of pupils enrolled in all of the affected school districts in that
5school year.
AB75,1265,86 2. If 2 or more school districts are consolidated under s. 117.08 or 117.09, and
7an excess revenue has been approved under sub. (3) for one or more of the affected
8school districts, the approval expires on the effective date of the consolidation.
AB75, s. 2315 9Section 2315. 121.91 (4) (L) of the statutes is created to read:
AB75,1265,1410 121.91 (4) (L) 1. In this paragraph, "local law enforcement agency" means a
11governmental unit of one or more persons employed full time by a city, town, village,
12or county in this state for the purpose of preventing and detecting crime and
13enforcing state laws or local ordinances, employees of which unit are authorized to
14make arrests for crimes while acting within the scope of their authority.
AB75,1265,1915 2. The limit otherwise applicable to a school district under sub. (2m) in any
16school year is increased by an amount determined as follows if the school board
17adopts a resolution to do so, the school board and a local law enforcement agency
18jointly develop a school safety plan that specifies the purposes of the additional
19revenue, and the school board submits the school safety plan to the department:
AB75,1265,2120 a. For the revenue limit in the 2010-11 school year, $33 times the number of
21pupils enrolled in the school district or $13,333, whichever is greater.
AB75,1265,2322 b. For the revenue limit in the 2011-12 school year, $67 times the number of
23pupils enrolled in the school district or $26,227, whichever is greater.
AB75,1266,3
1c. For the revenue limit in the 2012-13 school year or any subsequent school
2year, $100 times the number of pupils enrolled in the school district or $40,000,
3whichever is greater.
AB75,1266,84 3. A school district may use the excess revenue under this paragraph to
5purchase school safety equipment or fund the compensation costs of security officers.
6Any additional revenue received by a school district under this paragraph shall not
7be included in the base for determining the school district's limit under sub. (2m) for
8the following school year.
AB75, s. 2316 9Section 2316. 121.91 (4) (m) of the statutes is created to read:
AB75,1266,1410 121.91 (4) (m) 1. The limit otherwise applicable to a school district under sub.
11(2m) in any school year is increased by the following portion of the amount spent by
12the school district in that school year to pay the salary and fringe benefit costs of
13school nurses employed by the school board if the school board adopts a resolution
14to do so:
AB75,1266,1515 a. For the revenue limit in the 2010-11 school year, one-third.
AB75,1266,1616 b. For the revenue limit in the 2011-12 school year, two-thirds.
AB75,1266,1817 c. For the revenue limit in the 2012-13 school year or any subsequent school
18year, 100 percent.
AB75,1266,2119 2. Any additional revenue received by a school district under this paragraph
20shall not be included in the base for determining the school district's limit under sub.
21(2m) for the following school year.
AB75, s. 2317 22Section 2317. 121.91 (4) (n) of the statutes is created to read:
AB75,1267,223 121.91 (4) (n) 1. If the school board adopts a resolution to do so, the limit
24otherwise applicable to the school district under sub. (2m) in any school year is

1increased by the portion, specified in subd. 2., of the amount determined as follows,
2if a positive number:
AB75,1267,43 a. Determine the average amount spent by the school district on transportation
4per pupil in the previous school year.
AB75,1267,65 b. Determine the statewide average amount spent on transportation per pupil
6in the previous school year.
AB75,1267,97 c. Subtract the result in subd. 1. b. from the result in subd. 1. a. and multiply
8the difference by the number of pupils transported by the school district in the
9previous school year.
AB75,1267,1110 2. a. In the 2010-11 school year, one-third of the amount determined in subd.
111. c.
AB75,1267,1312 b. In the 2011-12 school year, two-thirds of the amount determined in subd.
131. c.
AB75,1267,1514 c. In the 2012-13 school year or any subsequent year, 100 percent of the amount
15determined in subd. 1. c.
AB75,1267,1816 3. Any additional revenue received by a school district under this paragraph
17shall not be included in the base for determining the school district's limit under sub.
18(2m) for the following school year.
AB75, s. 2318 19Section 2318. 121.91 (7) of the statutes is amended to read:
AB75,1267,2520 121.91 (7) Except as provided in sub. (4) (f) 2. and (L) to (n) and (8), if an excess
21revenue is approved under sub. (3) for a recurring purpose or allowed under sub. (4),
22the excess revenue shall be included in the base for determining the limit for the next
23school year for purposes of this section. If an excess revenue is approved under sub.
24(3) for a nonrecurring purpose, the excess revenue shall not be included in the base
25for determining the limit for the next school year for purposes of this section.
AB75, s. 2319
1Section 2319. 134.65 (1) of the statutes is amended to read:
AB75,1268,92 134.65 (1) No person shall in any manner, or upon any pretense, or by any
3device, directly or indirectly sell, expose for sale, possess with intent to sell,
4exchange, barter, dispose of or give away any cigarettes or tobacco products to any
5person not holding a license as herein provided or a permit under ss. 139.30 to 139.41
6or, 139.79, or 139.795 without first obtaining a license from the clerk of the city,
7village, or town wherein such privilege is sought to be exercised. This subsection
8does not apply to a person who holds a valid permit under s. 139.345 or 139.795 and
9who sells cigarettes or tobacco products solely as a direct marketer.
AB75, s. 2320 10Section 2320. 134.65 (1n) of the statutes is created to read:
AB75,1268,1311 134.65 (1n) (a) The department of revenue shall prepare an application form
12for licenses issued under this section. In addition to the information required under
13sub. (1m), the form shall require all of the following information:
AB75,1268,1514 1. The applicant's history relevant to the applicant's fitness to hold a license
15under this section.
AB75,1268,1616 2. The kind of license for which the applicant is applying.
AB75,1268,1717 3. The premises where cigarettes or tobacco products will be sold or stored.
AB75,1268,1918 4. If the applicant is a corporation, the identity of the corporate officers and
19agent.
AB75,1268,2120 5. If the applicant is a limited liability company, the identity of the company
21members or managers and agent.
AB75,1268,2222 6. The applicant's trade name, if any.
AB75,1268,2323 7. Any other information required by the department.
AB75,1268,2524 (b) The department of revenue shall provide one copy of the application form
25prepared under this subsection to each city, village, and town.
AB75,1269,2
1(c) Each applicant for a license under this section shall use the application form
2prepared under this subsection.
AB75,1269,53 (d) 1. Each application for a license under this section shall be sworn to by the
4applicant and the applicant shall submit the application with the clerk of the city,
5village, or town where the intended place of sale is located.
AB75,1269,86 2. Within 10 days of any change in any fact set forth in an application, the
7applicant or license holder shall file a written description of the change with the clerk
8of the city, village, or town where the application was submitted.
AB75,1269,129 3. Any person may inspect applications submitted under this paragraph. The
10clerk of each city, village, or town where such applications are submitted shall retain
11all applications submitted under this paragraph, but may destroy all applications
12that have been retained for 4 years or longer.
AB75, s. 2321 13Section 2321. 134.65 (1r) of the statutes is created to read:
AB75,1269,1514 134.65 (1r) (a) A license under sub. (1) may only be issued to a person to whom
15all of the following apply:
AB75,1269,1716 1. Subject to ss. 111.321, 111.322, and 111.335, the person does not have an
17arrest record or a conviction record.
AB75,1269,1918 2. Unless pardoned, the person has not been convicted of a felony or as a
19habitual offender.
AB75,1269,2320 3. The person is the holder of a seller's permit or use tax registration certificate
21as required by this subchapter or has been informed by an employee of the
22department that the department will issue a seller's permit or use tax registration
23certificate to that person.
AB75,1269,2424 4. The person is 18 years of age or older.
AB75,1270,6
1(b) The requirements under par. (a) apply to all partners of a partnership, all
2members of limited liability company, all agents of a limited liability company or
3corporation, and all officers of a corporation. Subject to ss. 111.321, 111.322, and
4111.335, if a business entity has been convicted of a crime, the entity may not be
5issued a license under sub. (1) unless the entity has terminated its relationship with
6the individuals whose actions directly contributed to the conviction.
AB75, s. 2322 7Section 2322. 134.65 (1s) of the statutes is created to read:
AB75,1270,108 134.65 (1s) (a) No corporation or limited liability company organized under the
9laws of this state or of any other state or foreign country may be issued a license
10under this section unless:
AB75,1270,1411 1. The entity first appoints an agent in the manner prescribed by the city,
12village, or town issuing the license. In addition to the qualifications under sub. (1r),
13the agent must, with respect to character, record and reputation, be satisfactory to
14the city, village, or town.
AB75,1270,1915 2. The entity vests in the agent, by properly authorized and executed written
16delegation, full authority and control of the premises described in the entity's license,
17and of the conduct of all business on the premises relative to the sale of cigarettes and
18tobacco products, that the licensee could have and exercise if it were a natural
19person.
AB75,1270,2220 (b) A corporation or limited liability company may cancel the appointment of
21an agent and appoint a successor agent to act in the agent's place, for the remainder
22of the license year or until another agent is appointed, as follows:
AB75,1270,2423 1. The successor agent shall meet the same qualifications required of the first
24appointed agent.
AB75,1271,3
12. The entity shall immediately notify the city, village, or town, in writing, of
2the appointment of the successor agent and the reason for the cancellation and new
3appointment.
AB75,1271,104 (c) A successor agent shall have all the authority, perform all the functions and
5be charged with all the duties of the previous agent of the corporation or limited
6liability company until the next regular or special meeting of the city, village, or town
7is held. However, the license of the corporation or limited liability company shall
8cease to be in force if, prior to the next regular or special meeting of the city, village,
9or town, the city, village, or town clerk receives notice of disapproval of the successor
10agent by a peace officer of the city, village, or town issuing the license.
AB75,1271,1411 (d) The license of the corporation or limited liability company shall not be in
12force after the next regular or special meeting of the city, village, or town unless and
13until the successor agent or another qualified agent is appointed and approved by the
14city, village, or town.
AB75,1271,1715 (e) The corporation or limited liability company shall, following the approval
16of each successor agent or another qualified agent by the city, village, or town, pay
17to the city, village, or town a fee of $10.
AB75,1271,2018 (f) If an agent appointed under this subsection resigns, he or she shall notify
19in writing the corporation or limited liability company and the city, village, or town
20issuing the license within 48 hours of the resignation.
AB75, s. 2323 21Section 2323. 134.65 (2) (a) of the statutes is amended to read:
AB75,1272,222 134.65 (2) (a) Except Subject to subs. (1r) and (1s), and except as provided in
23par. (b), upon filing of a proper written application a license shall be issued on July
241 of each year or when applied for and continue in force until the following June 30
25unless sooner revoked. The city, village or town may charge a fee for the license of

1not less than $5 nor more than $100 per year which shall be paid to the city, village
2or town treasurer before the license is issued.
AB75, s. 2324 3Section 2324. 134.65 (5) of the statutes is renumbered 134.65 (5) (a) and
4amended to read:
AB75,1272,175 134.65 (5) (a) Any Except as provided in par. (b), any person violating this
6section shall be fined not more than $100 $1,000 nor less than $25 $500 for the first
7offense and shall be fined not more than $200 $5,000 nor less than $25 $1,000 or
8imprisoned for not more than 180 days or both
for the 2nd or subsequent offense. If
9upon such 2nd or subsequent violation, the person so violating this section was
10personally guilty of a failure to exercise due care to prevent violation thereof, the
11person shall be fined not more than $300 nor less than $25 or imprisoned not
12exceeding 60 days or both. Conviction
Upon conviction of a 2nd or subsequent
13offense, the court
shall immediately terminate the license of the person convicted of
14being personally guilty of such failure to exercise due care
and the person shall not
15be entitled to another license hereunder for a period of 5 years thereafter, nor shall
16the person in that period act as the servant or agent of a person licensed hereunder
17for the performance of the acts authorized by such license.
AB75, s. 2325 18Section 2325. 134.65 (5) (b) of the statutes is created to read:
AB75,1272,2019 134.65 (5) (b) No penalty shall be imposed under par. (a) if any of the following
20apply:
AB75,1272,2321 1. The secretary of revenue determines that imposing a penalty would be
22inequitable because of inadvertent acts, mistakes, or unusual circumstances related
23to the violation.
AB75,1272,2524 2. The person who is subject to a penalty under par. (a) had good cause to violate
25this section, and such violation did not result from the person's neglect.
AB75, s. 2326
1Section 2326. 134.66 (2) (d) of the statutes is created to read:
AB75,1273,62 134.66 (2) (d) No retailer, direct marketer, manufacturer, distributor, jobber or
3subjobber, no agent, employee or independent contractor of a retailer, direct
4marketer, manufacturer, distributor, jobber or subjobber, and no agent or employee
5of an independent contractor may provide cigarettes or tobacco products for nominal
6or no consideration to any person under the age of 18.
AB75, s. 2327 7Section 2327. 134.66 (3m) of the statutes is created to read:
AB75,1273,108 134.66 (3m) Defense of direct marketer. Proof of all of the following facts by
9a direct marketer who sells cigarettes or tobacco products to a person under the age
10of 18 is a defense to any prosecution for a violation under sub. (2) (a):
AB75,1273,1211 (a) That the direct marketer used a mechanism, approved by the department
12of revenue, for verifying the age of the purchaser.
AB75,1273,1413 (b) That the purchaser falsely represented that he or she had attained the age
14of 18 and presented a copy or facsimile of an identification card.
AB75,1273,1615 (c) That the name and birthdate of the purchaser, as indicated by the purchaser,
16matched the name and birthdate on the identification presented under par. (b).
AB75,1273,1917 (d) That the sale was made in good faith, in reasonable reliance on the
18mechanism described in par. (a) and the representation and identification under
19pars. (b) and (c), and in the belief that the purchaser had attained the age of 18.
AB75, s. 2328 20Section 2328. 134.80 of the statutes is amended to read:
AB75,1273,25 21134.80 Home heating fuel dealers. Any dealer selling fuel of any kind for
22the purpose of heating a private residence shall notify each private residential
23customer whose account is subject to disconnection of the existence of the fuel
24assistance programs provided by the department of administration commission
25under s. 16.27 196.3746.
AB75, s. 2329
1Section 2329. 139.30 (4n) of the statutes is repealed and recreated to read:
AB75,1274,22 139.30 (4n) "Identification card" has the meaning given in s. 134.66 (1) (c).
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