1999 Wisconsin Act 9

9,2153 Section 2153. 121.91 (2m) (d) (intro.) of the statutes is amended to read:

121.91 (2m) (d) (intro.) Except as provided in subs. (3) and (4), no school district may increase its revenues for the 1998-99 school year or for any school year thereafter to an amount that exceeds the amount calculated as follows:

9,2154 Section 2154. 121.91 (2m) (e) of the statutes is renumbered 121.91 (2m) (r), and 121.91 (2m) (r) 1. (intro.) and b. and 2., as renumbered, are amended to read:

121.91 (2m) (r) 1. (intro.) Notwithstanding pars. (c) and, (d) and (e), if a school district is created under s. 117.105, its revenue limit under this section for the school year beginning with the effective date of the reorganization shall be determined as follows except as provided under subs. (3) and (4):

b. Add $206 an amount equal to the amount of revenue increase per pupil allowed under this subsection for the previous school year multiplied by the sum of 1.0 plus the allowable rate of increase under s. 73.0305 expressed as a decimal to the result under subd. 1. a.

2. If a school district is created under s. 117.105, the following adjustments to the calculations under pars. (c) and, (d) and (e) apply for the 2 school years beginning on the July 1 following the effective date of the reorganization:

a. For the school year beginning on the first July 1 following the effective date of the reorganization the number of pupils in the previous school year shall be used under pars. (c) 1. and, (d) 1. and (e) 1. instead of the average of the number of pupils in the 3 previous school years, and for the school year beginning on the 2nd July 1 following the effective date of the reorganization the average of the number of pupils in the 2 previous school years shall be used under pars. (c) 1. and, (d) 1. and (e) 1. instead of the average of the number of pupils in the 3 previous school years.

b. For the school year beginning on the first July 1 following the effective date of the reorganization the average of the number of pupils in the current and the previous school years shall be used under pars. (c) 4. and , (d) 4. and (e) 3. instead of the average of the number of pupils in the current and the 2 preceding school years.

9,2155 Section 2155. 121.91 (2m) (e) of the statutes is created to read:

121.91 (2m) (e) Except as provided in subs. (3) and (4), no school district may increase its revenues for the 1999-2000 school year or for any school year thereafter to an amount that exceeds the amount calculated as follows:

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 the number of pupils enrolled in the 3 previous school years.

2. Multiply the amount of the revenue increase per pupil allowed under this subsection for the previous school year by the sum of 1.0 plus the allowable rate of increase under s. 73.0305 expressed as a decimal.

3. Add the result under subd. 1. to the result under subd. 2.

4. Multiply the result under subd. 3. by the average of the number of pupils enrolled in the current and the 2 preceding school years.

9,2157 Section 2157. 121.91 (3) (d) of the statutes is renumbered 121.91 (7) and amended to read:

121.91 (7) If Except as provided in sub. (4) (f) 2., if an excess revenue is approved under this subsection sub. (3) for a recurring purpose or allowed under sub. (4), the excess revenue shall be included in the base for determining the limit for the next school year for purposes of this section. If an excess revenue is approved under this subsection sub. (3) for a nonrecurring purpose, the excess revenue shall not be included in the base for determining the limit for the next school year for purposes of this section.

9,2158 Section 2158. 121.91 (4) (f) of the statutes is amended to read:

121.91 (4) (f) 1. For the 1998-99 1999-2000 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) (e) is increased by the additional amount that would have been calculated had the decline in average enrollment been 25% of what it was.

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) (e) for the following school year.

9,2158m Section 2158m. 121.91 (4) (h) of the statutes is created to read:

121.91 (4) (h) The limit otherwise applicable to a school district under sub. (2m) in any school year is increased by an amount equal to the amount deposited into the capital improvement fund under s. 120.135 in that school year.

9,2159 Section 2159. 121.92 (title) of the statutes is amended to read:

121.92 (title) Penalty for exceeding revenue ceiling or limit.

9,2160 Section 2160. 121.92 (1) of the statutes is amended to read:

121.92 (1) In this section, "excess revenue" means the amount by which a school district's revenue exceeds the maximum allowed its ceiling under s. 121.905 or its limit under s. 121.91.

9,2161 Section 2161. 121.92 (2) (a) of the statutes is amended to read:

121.92 (2) (a) Deduct from the state aid payment to a school district under s. 121.08 in the school year in which the school district exceeded the revenue ceiling or limit an amount equal to the excess revenue for the school district or the amount of those aids, whichever is less.

9,2162 Section 2162. 121.92 (2) (b) of the statutes is amended to read:

121.92 (2) (b) If the amount of the deduction under par. (a) is insufficient to cover the excess revenue, deduct from the other state aid payments to the school district in the school year in which the school district exceeded the revenue ceiling or limit an amount equal to the remaining excess revenue or the amount of those payments, whichever is less.

9,2163 Section 2163. 121.92 (2) (e) of the statutes is amended to read:

121.92 (2) (e) Ensure that the amount of the excess revenue is not included in determining the school district's limits ceiling or limit in the succeeding school year.

9,2164r Section 2164r. 125.12 (1) (a) of the statutes is amended to read:

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.

9,2164s Section 2164s. 125.12 (1) (c) of the statutes is created to read:

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.

9,2165e Section 2165e. 125.26 (2s) of the statutes is created to read:

125.26 (2s) (a) In this subsection:

1. "Coliseum" means a multipurpose facility designed principally for sports events, with a capacity of 18,000 or more persons.

2. "Concessionaire" means a person designated by the owner or operator of a coliseum to operate premises in the coliseum and to provide fermented malt beverages to holders of coliseum suites.

(b) Notwithstanding s. 125.04 (3) (a) 3. and (9), a Class "B" license authorizes a person operating a coliseum or a concessionaire to furnish the holder of a coliseum suite who has attained the legal drinking age with a selection of fermented malt beverages in the coliseum suite that is not part of the Class "B" premises. Fermented malt beverages furnished under this paragraph shall be furnished in original packages or containers and stored in a cabinet, refrigerator or other secure storage place. The cabinet, refrigerator or other secure storage place or the coliseum suite must be capable of being locked. The cabinet, refrigerator or other secure storage place or the coliseum suite shall be locked, or the fermented malt beverages shall be removed from the coliseum suite, when the coliseum suite is not occupied and when fermented malt beverages are not being furnished under this paragraph. Fermented malt beverages may be furnished at the time the holder occupies the coliseum suite, but for purposes of this chapter, the sale of fermented malt beverages furnished under this paragraph is considered to occur at the time and place that the holder pays for the fermented malt beverages. Notwithstanding s. 125.32 (3), the holder of a coliseum suite may pay for the fermented malt beverages at any time if he or she pays in accordance with the terms of an agreement with the person operating the coliseum or with the concessionaire. An individual who stocks or accepts payment for alcohol beverages under this paragraph shall be the licensee, the agent named in the license if the licensee is a corporation or limited liability company or the holder of a manager's or operator's license or be supervised by one of those individuals.

9,2165j Section 2165j. 125.51 (3) (bs) of the statutes is created to read:

125.51 (3) (bs) 1. In this paragraph:

a. "Coliseum" means a multipurpose facility designed principally for sports events, with a capacity of 18,000 or more persons.

b. "Concessionaire" means a person designated by the owner or operator of a coliseum to operate premises in the coliseum and to provide intoxicating liquor to holders of coliseum suites.

2. Notwithstanding pars. (a) and (b) and s. 125.04 (3) (a) 3. and (9), a "Class B" license authorizes a person operating a coliseum to furnish the holder of a coliseum suite who has attained the legal drinking age with a selection of intoxicating liquor in the coliseum suite that is not part of the "Class B" premises. Intoxicating liquor furnished under this subdivision shall be furnished in original packages or containers and stored in a cabinet, refrigerator or other secure storage place. The cabinet, refrigerator or other secure storage place or the coliseum suite must be capable of being locked. The cabinet, refrigerator or other secure storage place or the coliseum suit shall be locked, or the intoxicating liquor shall be removed from the coliseum suit, when the coliseum suit is not occupied and when intoxicating liquor is not being furnished under this subdivision. Intoxicating liquor may be furnished at the time the holder of the coliseum suite occupies the coliseum suite, but for purposes of this chapter, the sale of intoxicating liquor furnished under this subdivision is considered to occur at the time and place that the holder pays for the intoxicating liquor. Notwithstanding s. 125.68 (4) (c), the holder of a coliseum suite may pay for the intoxicating liquor at any time if he or she pays in accordance with an agreement with the person operating the coliseum or with the concessionaire. An individual who stocks or accepts payment for alcohol beverages under this subdivision shall be the licensee, the agent named in the license if the licensee is a corporation or limited liability company or the holder of a manager's or operator's license or be supervised by one of those individuals.

9,2165L Section 2165L. 125.51 (3m) (c) of the statutes is amended to read:

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.

9,2165m Section 2165m. 125.51 (4) (v) 2. of the statutes is amended to read:

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.

9,2165mg Section 2165mg. 134.48 of the statutes is created to read:

134.48 Contracts for the display of free newspapers. (1) Definitions. In this section:

(a) "Newspaper" means a publication that is printed on newsprint and that is published, printed and distributed periodically at daily, weekly or other short intervals for the dissemination of current news and information of a general character and of a general interest to the public.

(b) "Place of public accommodation" means a business, accommodation, refreshment, entertainment, recreation or transportation facility where goods, services, facilities, privileges, advantages or accommodations are offered, sold or otherwise made available to the public.

(2) A contract for the display of a newspaper that is distributed free of charge to the public in a place of public accommodation may not prohibit the person displaying the newspaper for distribution from displaying any other newspaper that is distributed free of charge to the public. A provision in a contract that violates this subsection is unenforceable, but does not affect the enforceability of the remaining provisions of the contract.

9,2165mr Section 2165mr. 134.66 (2) (a) of the statutes is amended to read:

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.

9,2165n Section 2165n. 134.66 (2) (b) 1. of the statutes is amended to read:

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.

9,2165p Section 2165p. 134.66 (2) (b) 2. of the statutes is amended to read:

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.

9,2165rx Section 2165rx. 134.73 of the statutes is created to read:

134.73 Identification of prisoner making telephone solicitation. (1) Definitions. In this section:

(a) "Contribution" has the meaning given in s. 440.41 (5).

(b) "Prisoner" means a prisoner of any public or private correctional or detention facility that is located within or outside this state.

(c) "Solicit" has the meaning given in s. 440.41 (8).

(d) "Telephone solicitation" means the unsolicited initiation of a telephone conversation for any of the following purposes:

1. To encourage a person to purchase property, goods or services.

2. To solicit a contribution from a person.

3. To conduct an opinion poll or survey.

(2) Requirements. A prisoner who makes a telephone solicitation shall do all of the following immediately after the person called answers the telephone:

(a) Identify himself or herself by name.

(b) State that he or she is a prisoner.

(c) Inform the person called of the name of the correctional or detention facility in which he or she is a prisoner and the city and state in which the facility is located.

(3) Territorial application. (a) Intrastate. This section applies to any intrastate telephone solicitation.

(b) Interstate. This section applies to any interstate telephone solicitation received by a person in this state.

(4) Penalties. (a) A prisoner who violates this section may be required to forfeit not more than $500.

(b) If a person who employes a prisoner to engage in telephone solicitation is concerned in the commission of a violation of this section as provided under s. 134.99, the person may be required to forfeit not more than $10,000.

9,2165rz Section 2165rz. 134.95 (2) of the statutes is amended to read:

134.95 (2) Supplemental forfeiture. If a fine or a forfeiture is imposed on a person for a violation under s. 100.171, 100.173, 100.174, 100.175, 100.177, 134.71, 134.72, 134.73 or 134.87 or ch. 136 or a rule promulgated under these sections or that chapter, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the fine or forfeiture was imposed, was perpetrated against an elderly person or disabled person and if any of the factors under s. 100.264 (2) (a), (b) or (c) is present.

9,2166e Section 2166e. 135.02 (3) of the statutes is renumbered 135.02 (3) (intro.) and amended to read:

135.02 (3) (intro.) "Dealership" means a any of the following:

(a) A contract or agreement, either expressed or implied, whether oral or written, between 2 or more persons, by which a person is granted the right to sell or distribute goods or services, or use a trade name, trademark, service mark, logotype, advertising or other commercial symbol, in which there is a community of interest in the business of offering, selling or distributing goods or services at wholesale, retail, by lease, agreement or otherwise.

9,2166m Section 2166m. 135.02 (3) (b) of the statutes is created to read:

135.02 (3) (b) A contract or agreement, either expressed or implied, whether oral or written, between 2 or more persons by which a wholesaler, as defined in s. 125.02 (21), is granted the right to sell or distribute intoxicating liquor , as defined in s. 125.02 (8), or use a trade name, trademark, service mark, logotype, advertising or other commercial symbol related to intoxicating liquor. This paragraph does not apply to dealerships described in s. 135.066 (5) (a) and (b).

9,2166s Section 2166s. 135.066 of the statutes is created to read:

135.066 Intoxicating liquor dealerships. (1) Legislative findings. The legislature finds that a balanced and healthy 3-tier system for distributing intoxicating liquor is in the best interest of this state and its citizens; that the 3-tier system for distributing intoxicating liquor has existed since the 1930's; that a balanced and healthy 3-tier system ensures a level system between the manufacturer and wholesale tiers; that a wholesale tier consisting of numerous healthy competitors is necessary for a balanced and healthy 3-tier system; that the number of intoxicating liquor wholesalers in this state is in significant decline; that this decline threatens the health and stability of the wholesale tier; that the regulation of all intoxicating liquor dealerships, regardless of when they were entered into, is necessary to promote and maintain a wholesale tier consisting of numerous healthy competitors; and that the maintenance and promotion of the 3-tier system will promote the public health, safety and welfare. The legislature further finds that a stable and healthy wholesale tier provides an efficient and effective means for tax collection. The legislature further finds that dealerships between intoxicating liquor wholesalers and manufacturers have been subject to state regulation since the enactment of the 21st Amendment to the U.S. Constitution and that the parties to those dealerships expect changes to state legislation regarding those dealerships.

(2) Definitions. In this section:

(a) "Intoxicating liquor" has the meaning given in s. 125.02 (8) .

(b) "Net revenues" means the gross dollar amount received from the sale of intoxicating liquor minus adjustments for returns, discounts and allowances.