2011 Wisconsin Act 32

32,2571 Section 2571. 121.08 (4) (a) 1. of the statutes is amended to read:

121.08 (4) (a) 1. In the 2009-10 and 2010-11 school year, add Add the amounts paid under s. 118.40 (2r) in the current school year, and in the 2011-12 school year and each school year thereafter, add the amounts paid under s. 118.40 (2r) in the 2010-11 school year.

32,2571d Section 2571d. 121.08 (4) (a) 2. of the statutes is amended to read:

121.08 (4) (a) 2. Divide the sum under subd. 1. by the total amount of state aid that all school districts are eligible to be paid from the appropriation under s. 20.255 (2) (ac), calculated as if the reduction under par. (b) or (br) had not occurred.

32,2571h Section 2571h. 121.08 (4) (a) 3. of the statutes is amended to read:

121.08 (4) (a) 3. Multiply the amount of state aid that the school district is eligible to be paid from the appropriation under s. 20.255 (2) (ac), calculated as if the reduction under par. (b) or (br) had not occurred, by the quotient under subd. 2.

32,2571q Section 2571q. 121.08 (4) (br) of the statutes is created to read:

121.08 (4) (br) The amount of state aid that an eligible school district is eligible to be paid from the appropriation under s. 20.255 (2) (ac) shall also be reduced by the amount calculated by multiplying the amounts paid under s. 118.60 (4) and (4m) in the first school year that begins after a school district is identified as an eligible school district under s. 118.60 (1m) or 2011 Wisconsin Act .... (this act), section 9137 (3u), and in each school year thereafter by 38.4 percent.

32,2571t Section 2571t. 121.08 (4) (d) of the statutes is amended to read:

121.08 (4) (d) The state superintendent shall ensure that the total amount of aid reduction under pars. (a) and , (b), and (br) lapses to the general fund.

32,2573g Section 2573g. 121.90 (2) (am) 5. of the statutes is created to read:

121.90 (2) (am) 5. Amounts received in the 2011-12 school year under 2011 Wisconsin Act .... (this act), section 9137 (3q).

32,2574a Section 2574a. 121.905 (1) of the statutes is amended to read:

121.905 (1) In this section, "revenue ceiling" means $9,000 in the 2009-10 2011-12 school year and in the 2010-11 2012-13 school year and $9,800 $9,100 in the 2013-14 school year and in any subsequent school year.

32,2575b Section 2575b. 121.905 (3) (c) 3r. of the statutes is amended to read:

121.905 (3) (c) 3r. For the limit for the 2011-12 school year, add $275 to multiply the result under par. (b) by 0.945.

32,2576b Section 2576b. 121.905 (3) (c) 4. of the statutes is amended to read:

121.905 (3) (c) 4. For the limit for the 2012-13 school year or for any school year thereafter, add the result under s. 121.91 (2m) (h) 2. $50 to the result under par. (b).

32,2576c Section 2576c. 121.905 (3) (c) 5. of the statutes is created to read:

121.905 (3) (c) 5. For the limit for the 2013-14 school year and any school year thereafter, make no adjustment to the result under par. (b).

32,2580 Section 2580. 121.91 (2m) (g) 2. of the statutes is repealed.

32,2581 Section 2581. 121.91 (2m) (g) 3. of the statutes is amended to read:

121.91 (2m) (g) 3. Multiply the result under subd. 2. 1. by the average of the number of pupils enrolled in the current and the 2 preceding school years.

32,2582 Section 2582. 121.91 (2m) (g) 4. of the statutes is created to read:

121.91 (2m) (g) 4. Multiply the result under subd. 3. by 0.055.

32,2583 Section 2583. 121.91 (2m) (g) 5. of the statutes is created to read:

121.91 (2m) (g) 5. Subtract the product under subd. 4. from the result under subd. 3.

32,2584 Section 2584. 121.91 (2m) (h) (intro.) of the statutes is amended to read:

121.91 (2m) (h) (intro.) Except as provided in subs. (3), (4), and (8), no school district may increase its revenues for the 2012-13 school year or for any school year thereafter to an amount that exceeds the amount calculated as follows:

32,2585 Section 2585. 121.91 (2m) (h) 2. of the statutes is repealed.

32,2586g Section 2586g. 121.91 (2m) (h) 3. of the statutes is amended to read:

121.91 (2m) (h) 3. Add $50 to the result under subd. 1. to the result under subd. 2.

32,2586r Section 2586r. 121.91 (2m) (i) of the statutes is created to read:

121.91 (2m) (i) Except as provided in subs. (3), (4), and (8), no school district may increase its revenues for the 2013-14 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 property taxes levied for the purpose of s. 120.13 (19) and 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 result under subd. 1. by the average of the number of pupils enrolled in the current and the 2 preceding school years.

32,2587g Section 2587g. 121.91 (2m) (r) 1. b. of the statutes is amended to read:

121.91 (2m) (r) 1. b. Add 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., except that in calculating the limit for the 2009-10 or 2010-11 school year, add $200 to the result under subd. 1. a., and in calculating the limit for the 2011-12 school year, add $275 to multiply the result under subd. 1. a. by 0.945, in calculating the limit for the 2012-13 school year, add $50 to the result under subd. 1. a., and in calculating the limit for the 2013-14 school year and any school year thereafter, make no adjustment to the result under subd. 1. a.

32,2587r Section 2587r. 121.91 (2m) (s) 1. b. of the statutes is amended to read:

121.91 (2m) (s) 1. b. Add 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., except that in calculating the limit for the 2009-10 or 2010-11 school year, add $200 to the result under subd. 1. a., and in calculating the limit for the 2011-12 school year, add $275 to multiply the result under subd. 1. a. by 0.945, in calculating the limit for the 2012-13 school year, add $50 to the result under subd. 1. a., and in calculating the limit for the 2013-14 school year and any school year thereafter, make no adjustment to the result under subd. 1. a.

32,2596 Section 2596. 121.91 (2m) (t) 1. (intro.) of the statutes is amended to read:

121.91 (2m) (t) 1. (intro.) If 2 or more school districts are consolidated under s. 117.08 or 117.09, except as follows, in the 2011-12 school year, the consolidated school district's revenue limit shall be determined as provided under par. (e) except as follows (g), in the 2012-13 school year, the consolidated school district's revenue limit shall be determined as provided under par. (h), and in the 2013-14 school year and in each school year thereafter, the consolidated school district's revenue limit shall be determined as provided under par. (i):

32,2598 Section 2598. 121.91 (4) (L) of the statutes is repealed.

32,2599 Section 2599. 121.91 (4) (m) of the statutes is repealed.

32,2600 Section 2600. 121.91 (4) (n) of the statutes is repealed.

32,2600m Section 2600m. 121.91 (4) (o) 1. of the statutes is amended to read:

121.91 (4) (o) 1. If a school board adopts a resolution to do so, the limit otherwise applicable to a school district under sub. (2m) in any school year is increased by the amount spent by the school district in that school year on a project to implement energy efficiency measures , and renewable or to purchase energy efficiency products, that result including the payment of debt service on bonds or notes issued to finance the project, if the project results in the avoidance of, or reduction in, energy costs. The department shall promulgate rules to implement this subdivision, including eligibility standards for school districts or operational costs, the project is governed by a performance contract entered into under s. 66.0133, and the bonds or notes issued to finance the project, if any, are issued for periods not exceeding 20 years. If a school board issues bonds or notes to finance a project described in this subdivision, a resolution adopted by a school board under this subdivision is valid for each school year in which the school board pays debt service on the bonds or notes.

32,2601m Section 2601m. 121.91 (4) (q) of the statutes is created to read:

121.91 (4) (q) 1. The limit otherwise applicable to a school district under sub. (2m) is increased by an amount equal to the amount of any refunded or rescinded property taxes paid by the school board in the year of the levy if the valuation represented by the refunded or rescinded property taxes result in a redetermination of the school district's equalized valuation by the department of revenue under s. 74.41.

2. Any additional revenue received by a school district under this paragraph shall not be included in the base for determining the school district's limit under sub. (2m) for the following school year.

32,2602 Section 2602. 121.91 (7) of the statutes is amended to read:

121.91 (7) Except as provided in sub. (4) (f) 2. and (L) to, (o), and (q) and (8), if an excess revenue is approved under 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 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.

32,2603g Section 2603g. 121.91 (8) of the statutes is amended to read:

121.91 (8) If a school district's initial revenue limit for the current school year, as calculated under s. 121.905 or sub. (2m), whichever is appropriate, before making any adjustments under sub. (3) or (4), is less than the amount determined by multiplying the amount under sub. (2m) (g) 1. or (h) 1. (i) 1. by the average of the number of pupils enrolled in the 3 preceding school years, the school district's initial revenue limit for the current school year, before making any adjustments under sub. (3) or (4), is the amount determined by multiplying the amount under sub. (2m) (g) 1. or (h) 1. (i) 1. by the average of the number of pupils enrolled in the 3 preceding school years. Any additional revenue received by a school district as a result of this subsection shall not be included in the base for determining the school district's limit under sub. (2m) for the following school year. This subsection does not apply to a school district's revenue limit calculated for the 2011-12 and 2012-13 school years.

32,2603m Section 2603m. 125.01 of the statutes is amended to read:

125.01 Legislative intent. This chapter shall be construed as an enactment of the legislature's support for the 3-tier system for alcohol beverages production, distribution, and sale that, through uniform statewide regulation, provides this state regulatory authority over the production, storage, distribution, transportation, sale, and consumption of alcohol beverages by and to its citizens, for the benefit of the public health and welfare and this state's economic stability. Without the 3-tier system, the effective statewide regulation and collection of state taxes on alcohol beverages sales would be seriously jeopardized. It is further the intent of the legislature that without a specific statutory exception, all sales of alcohol beverages shall occur through the 3-tier system, from manufacturers to licensed wholesalers holding a permit to retailers to consumers. Face-to-face retail sales at licensed premises directly advance the state's interest in preventing alcohol sales to underage or intoxicated persons and the state's interest in efficient and effective collection of tax.

32,2604bc Section 2604bc. 125.02 (15) of the statutes is renumbered 125.02 (15) (intro.) and amended to read:

125.02 (15) (intro.) "Primary source of supply" means any of the following:

(b) With respect to intoxicating liquor, the manufacturer, the rectifier, or the exclusive agent designated by the manufacturer or rectifier.

32,2604be Section 2604be. 125.02 (15) (a) of the statutes is created to read:

125.02 (15) (a) With respect to fermented malt beverages, the brewer or brewpub that manufactured the fermented malt beverages or the exclusive agent designated by this brewer or brewpub.

32,2604bg Section 2604bg. 125.02 (21) of the statutes is amended to read:

125.02 (21) "Wholesaler" means a person, other than a brewer, brewpub, manufacturer, or rectifier, who sells alcohol beverages to a licensed retailer or to another person who holds a permit or license to sell alcohol beverages at wholesale.

32,2604bi Section 2604bi. 125.04 (12) (a) of the statutes is amended to read:

125.04 (12) (a) From place to place. Every alcohol beverage license or permit may be transferred to another place or premises within the same municipality. An alcohol beverage warehouse permit under s. 125.19, a winery permit under s. 125.53 or an intoxicating liquor wholesaler's permit under s. 125.54 may be transferred to another premises within this state. A Class "A" license and a wholesaler's license identified in s. 125.25 (2) (b) 2. may be transferred together as provided in s. 125.25 (2) (b) 4. if the receiving municipality approves the transfer. Transfers shall be made by the issuing authority upon payment of a fee of $10 to the issuing authority and, for transfers as provided in s. 125.25 (2) (b) 4., transfers shall be received and the validity of the transferred licenses recognized by the receiving municipality upon approval of the transfer by the receiving municipality and payment to the receiving municipality of an additional fee of $10 for each transferred license. No retail licensee, retail permittee, intoxicating liquor wholesaler or holder of a warehouse or winery permit is entitled to more than one transfer during the license or permit year. This paragraph does not apply to a license issued under s. 125.51 (4) (v) or to a reserve "Class B" license, as defined in s. 125.51 (4) (a).

32,2604bk Section 2604bk. 125.05 (1) (d) of the statutes is amended to read:

125.05 (1) (d) Wholesalers' licenses permits. If the election results prohibit the retail sale of fermented malt beverages, the municipality may nevertheless issue wholesalers' licenses to qualified persons on the department shall include as a condition of any wholesaler's permit issued under s. 125.28 for a premises within the municipality that the wholesaler may not sell or deliver fermented malt beverages within the municipality to any person residing therein.

32,2604bL Section 2604bL. 125.07 (3) (a) 3. of the statutes is amended to read:

125.07 (3) (a) 3. Hotels, drug stores, grocery stores, bowling centers, movie theaters, billiards centers having on the premises 12 or more billiards tables that are not designed for coin operation and that are 8 feet or longer in length, indoor golf simulator facilities, service stations, vessels, cars operated by any railroad, regularly established athletic fields, outdoor volleyball courts that are contiguous to a licensed premises, stadiums, public facilities as defined in s. 125.51 (5) (b) 1. d. which are owned by a county or municipality or centers for the visual or performing arts.

32,2604bm Section 2604bm. 125.07 (3) (a) 13. of the statutes is amended to read:

125.07 (3) (a) 13. An underage person who enters or remains in a banquet or hospitality room on brewery premises operated under a Class "B" or "Class B" license for the purpose of attending a brewery tour.

32,2604bo Section 2604bo. 125.10 (4) of the statutes is amended to read:

125.10 (4) Regulation of closed retail premises. A municipality may not prohibit the permittee, licensee, employees, salespersons, employees of wholesalers licensed issued a permit under s. 125.28 (1) or 125.54 (1); employees of permittees under s. 125.295 with respect to the permittee's own retail premises; or service personnel from being present on premises operated under a Class "A", "Class A" or "Class C" license or under a Class "B" or "Class B" license or permit during hours when the premises are not open for business if those persons are performing job-related activities.

32,2604bs Section 2604bs. 125.25 (1) of the statutes is amended to read:

125.25 (1) Every municipal governing body may issue Class "A" licenses for the sale of fermented malt beverages from premises within the municipality. Subject to s. 125.34 (5) and (6), a A Class "A" license authorizes retail sales of fermented malt beverages for consumption off the premises where sold and in original packages, containers, and bottles. A Class "A" license also authorizes the licensee to provide, free of charge, to customers and visitors who have attained the legal drinking age fermented malt beverages taste samples that are not in original packages, containers, or bottles and that do not exceed 3 fluid ounces each, for consumption on the Class "A" premises. No Class "A" licensee may provide more than 2 taste samples per day to any one person. Taste samples may be provided under this subsection only between the hours of 11 a.m. and 7 p.m. Any other provision of this chapter applicable to retail sales of fermented malt beverages by a Class "A" licensee also applies to the provision of taste samples, free of charge, of fermented malt beverages by a Class "A" licensee. A license may be issued after July 1. That license shall expire on the following June 30.

32,2604bu Section 2604bu. 125.25 (2) (b) 1. of the statutes is amended to read:

125.25 (2) (b) 1. Beginning on May 5, 1994, a A Class "A" license may not be issued to a person holding a wholesaler's license permit issued under s. 125.28 or to a person who has a direct or indirect ownership interest in a premises operating under a wholesaler's license permit issued under s. 125.28.

32,2604db Section 2604db. 125.25 (2) (b) 2., 3. and 4. of the statutes are repealed.

32,2604dd Section 2604dd. 125.25 (3) of the statutes is amended to read:

125.25 (3) Class "A" licenses shall particularly describe the premises for which issued and are not transferable, except under sub. (2) (b) 4. and s. 125.04 (12). A Class "A" license is subject to revocation for violation of any of the terms or provisions thereof.

32,2604df Section 2604df. 125.26 (1) of the statutes is amended to read:

125.26 (1) Every municipal governing body may issue Class "B" licenses for the sale of fermented malt beverages from premises within the municipality and may authorize an official or body of the municipality to issue temporary Class "B" licenses under sub. (6). Subject to s. 125.34 (5) and (6), a A Class "B" license authorizes retail sales of fermented malt beverages to be consumed either on the premises where sold or off the premises. A license may be issued after July 1. That license shall expire on the following June 30. Persons holding a Class "B" license may sell beverages containing less than 0.5% of alcohol by volume without obtaining a license under s. 66.0433 (1).

32,2604dh Section 2604dh. 125.26 (2) (b) 1. of the statutes is amended to read:

125.26 (2) (b) 1. Except as provided in ss. s. 125.295 and 125.31, Class "B" licenses may not be issued to brewers or brewpubs.

32,2604dj Section 2604dj. 125.26 (2) (b) 2. a. of the statutes is renumbered 125.26 (2) (b) 2. and amended to read:

125.26 (2) (b) 2. Except as provided in s. 125.29, beginning on May 5, 1994, a A Class "B" license may not be issued to a person holding a wholesaler's license permit issued under s. 125.28 or to a person who has a direct or indirect ownership interest in a premises operating under a wholesaler's license permit issued under s. 125.28.

32,2604dm Section 2604dm. 125.26 (2) (b) 2. b. and c. of the statutes are repealed.

32,2604do Section 2604do. 125.275 (2) (b) 1. of the statutes is renumbered 125.275 (2) (b) and amended to read:

125.275 (2) (b) Beginning on May 5, 1994, an An industrial fermented malt beverages permit may not be issued to a person holding a wholesaler's license permit issued under s. 125.28 or to a person who has a direct or indirect ownership interest in a premises operating under a wholesaler's license permit issued under s. 125.28.