Amendment ASA-AB150

AB150-ASA,1413,2 (b) By June 15, 1996, and annually by June 15 thereafter, the department, the department of administration and the legislative fiscal bureau shall jointly certify to the joint committee on finance an estimate of the amount necessary to appropriate under s. 20.255 (2) (ac) in the following school year to ensure that the sum of state school aids and the school levy tax credit under s. 79.10 (4) equals 66.7% of partial school revenues.

AB150-ASA,1413,5 (c) By June 30, 1996, and annually by June 30 thereafter, the joint committee on finance shall determine the amount appropriated under s. 20.255 (2) (ac) in the following school year.

AB150-ASA, s. 4076 Section 4076. 121.17 of the statutes is amended to read:

AB150-ASA,1413,12 121.17 Use of federal revenue sharing funds. It is the intent of the legislature that school districts receiving federal revenue sharing funds through the state under this subchapter shall utilize these funds in compliance with the federal revenue sharing requirements as defined in the state and local fiscal assistance act of 1972 (P.L. 92-512), as amended by P.L. 94-488. The department of public instruction shall assure compliance with this section.

AB150-ASA, s. 4077 Section 4077. 121.23 (2) (intro.) of the statutes is amended to read:

AB150-ASA,1413,18 121.23 (2) (intro.)  If a school district holds less than 180 days of school as the result of a strike by school district employes, for the purposes of computing general aid, the state superintendent shall compute the school district's primary and secondary ceiling cost costs per member in accordance with the procedure specified in pars. (a) to (e). In making the calculation, the state superintendent shall:

AB150-ASA, s. 4079 Section 4079. 121.52 (4) of the statutes is amended to read:

AB150-ASA,1413,24 121.52 (4) The use of any motor vehicle to transport pupils shall be discontinued upon receipt of an order signed by the state superintendent secretary or the secretary of transportation ordering such discontinuance. Personnel under the state superintendent secretary or the secretary of transportation may ride any school bus at any time for the purpose of inspection.

AB150-ASA, s. 4080g Section 4080g. 121.555 (1) (a) and (b) of the statutes are amended to read:

AB150-ASA,1414,2 121.555 (1) (a) A motor vehicle transporting 9 15 or less passengers in addition to the operator.

AB150-ASA,1414,9 (b) A motor vehicle transporting 10 16 or more passengers in addition to the operator and used temporarily to provide transportation for purposes specified under s. 340.01 (56) (a) when the school board or the governing body requests the secretary of transportation to determine that an emergency exists because no regular transportation is available. The secretary of transportation shall approve or deny the request in writing. Any authorization granted under this paragraph shall specify the purpose and need for the emergency transportation service.

AB150-ASA, s. 4080m Section 4080m. 121.555 (2) (a) of the statutes is amended to read:

AB150-ASA,1414,18 121.555 (2) (a) Insurance. If the vehicle is owned or leased by a school or a school bus contractor, or is a vehicle authorized under sub. (1) (b), it shall comply with s. 121.53. If the vehicle is transporting 9 15 or less persons in addition to the operator and is not owned or leased by a school or by a school bus contractor, it shall be insured by a policy providing property damage coverage with a limit of not less than $10,000 and bodily injury liability coverage with limits of not less than $25,000 for each person, and, subject to the limit for each person, a total limit of not less than $50,000 for each accident.

AB150-ASA, s. 4081 Section 4081. 121.56 of the statutes is amended to read:

AB150-ASA,1415,4 121.56 School bus routes. The school board of each district shall make and be responsible for all necessary provisions for the transportation of pupils, including establishment, administration and scheduling of school bus routes. Upon the request of any school board, the state superintendent department shall provide advice and counsel on problems of school transportation. Any private school shall, upon the request of the public school officials, supply all necessary information and reports. The transportation of public and private school pupils shall be effectively coordinated to insure the safety and welfare of the pupils. Upon receipt of a signed order from the state superintendent secretary, the school board shall discontinue any route specified by the state superintendent secretary.

AB150-ASA, s. 4084 Section 4084. 121.58 (5) of the statutes is amended to read:

AB150-ASA,1415,12 121.58 (5) (title) State superintendent Department approval. If the state superintendent department is satisfied that transportation or board and lodging was provided in compliance with law, the state superintendent department shall certify to the department of administration the sum due the school district. In case of differences concerning the character and sufficiency of the transportation or board and lodging, the state superintendent department may determine such matter and his or her decision thereon its decision is final.

AB150-ASA, s. 4093 Section 4093. 121.845 (3) of the statutes is amended to read:

AB150-ASA,1415,15 121.845 (3) "School" means an organized educational activity operated by the school board and approved by the department of public instruction.

AB150-ASA, s. 4095m Section 4095m. 121.85 (6) (a) 2. of the statutes is amended to read:

AB150-ASA,1415,17 121.85 (6) (a) 2. Multiply the number of transfer pupils by 0.325 0.25.

AB150-ASA, s. 4096m Section 4096m. 121.85 (6) (b) 2. of the statutes is amended to read:

AB150-ASA,1416,5 121.85 (6) (b) 2. If, in any one In each school year, the number of pupils transferring from one school district to another under sub. (3) (a) constitute less than 5% of the total membership of the school district of attendance, the school district of attendance of pupils transferring from one school district to another under sub. (3) (a) shall receive an amount equal to that produced by multiplying the number of pupils transferred into the school district under sub. (3) (a) in the previous school year by the amount produced by dividing the school district's net school cost by the sum of the membership, plus the number of pupils transferred into the school district of attendance in the previous school year under sub. (3) (a). This subdivision applies to aid paid in the 1995-96 school year only if the number of pupils transferring from one school district to another under sub. (3) (a) in the 1994-95 school year constitutes less than 5% of the total membership of the school district of attendance.

AB150-ASA, s. 4098 Section 4098. 121.85 (6) (b) 3. of the statutes is amended to read:

AB150-ASA,1416,11 121.85 (6) (b) 3. If, in any one the 1994-95 school year, the number of pupils transferring from one school district to another under sub. (3) (a) constitute 5% or more of the total membership of the school district of attendance, in the 1995-96 school year the school district of attendance shall receive an amount equal to 1.2 multiplied by the amount to which the district is entitled under subd. 2.

AB150-ASA, s. 4105m Section 4105m. 121.90 (1) of the statutes is amended to read:

AB150-ASA,1416,15 121.90 (1) "Number of pupils" means the number of pupils enrolled on the 3rd Friday of September, except that "number of pupils" excludes the number of pupils attending private schools under s. 119.23.

AB150-ASA, s. 4106 Section 4106. 121.90 (2) of the statutes is amended to read:

AB150-ASA,1416,22 121.90 (2) "State aid" means aid under ss. 121.08, 121.09, 121.10 and 121.105 and subch. VI, as calculated for the current school year on October 15 under s. 121.15 (4), except that "state aid" excludes any additional aid that a school district receives as a result of ss. 121.07 (6) (e) and (7) (e) and 121.105 (3) for school district consolidations that are effective on or after July 1, 1995, as determined by the department.

AB150-ASA, s. 4107 Section 4107. 121.905 of the statutes is created to read:

AB150-ASA,1416,25 121.905 Applicability. (1) In this section, "revenue ceiling" means $5,300 in the 1995-96 school year and in any subsequent school year means $5,600.

AB150-ASA,1417,3 (2) The revenue limit under s. 121.91 does not apply to any school district in any school year in which its base revenue per member, as calculated under sub. (3), is less than its revenue ceiling.

AB150-ASA,1417,4 (3) A school district's base revenue per member is determined as follows:

AB150-ASA,1417,11 (a) Calculate the sum of the amount of aid received under ss. 121.08, 121.10 and 121.105 and subch. VI in the previous school year and property taxes levied for the previous school year, excluding funds described under s. 121.91 (4) (c), and the costs of the county handicapped children's education board program, as defined in s. 121.135 (2) (a) 2., for pupils who were school district residents and solely enrolled in a special education program provided by a county handicapped children's education board in the previous school year.

AB150-ASA,1417,15 (b) Divide the result in par. (a) by the sum of the average of the number of pupils in the 3 previous school years and the number of pupils who were school district residents and solely enrolled in a special education program provided by a county handicapped children's education board program in the previous school year.

AB150-ASA,1417,17 (c) 1. For the limit for the 1995-96 school year, add $200 to the result under par. (b).

AB150-ASA,1417,19 2. For the limit for the 1996-97 school year, add $206 to the result under par. (b).

AB150-ASA,1417,21 3. For the limit for the 1997-98 school year, add the result under s. 121.91 (2m) (c) 2. to the result under par. (b).

AB150-ASA,1417,23 4. For the limit for the 1998-99 school year or for any school year thereafter, add the result under s. 121.91 (2m) (d) 2. to the result under par. (b).

AB150-ASA,1418,2 (4) A school district that is exempt from the revenue limits under this section may not increase its base revenue per member to an amount that is greater than its revenue ceiling unless that school district follows the procedures prescribed in s. 121.91 (3).

AB150-ASA, s. 4108m Section 4108m. 121.91 (2m) (intro.) and (a) (intro.) of the statutes are consolidated, renumbered 121.91 (2m) (a) (intro.) and amended to read:

AB150-ASA,1418,8 121.91 (2m) (a) (intro.) Except as provided in subs. (3) and (4), no school district may increase its revenues for the 1995-96, 1996-97 or 1997-98 school year to an amount that exceeds the greater of the following: (a) The amount calculated as follows:

AB150-ASA, s. 4109m Section 4109m. 121.91 (2m) (a) 2. of the statutes is repealed.

AB150-ASA, s. 4110m Section 4110m. 121.91 (2m) (a) 3. of the statutes is amended to read:

AB150-ASA,1418,12 121.91 (2m) (a) 3. Add $200 to the result under subd. 1. to the result under subd. 2.

AB150-ASA, s. 4111m Section 4111m. 121.91 (2m) (b) of the statutes is repealed and recreated to read:

AB150-ASA,1418,17 121.91 (2m) (b) Except as provided in subs. (3) and (4), no school district may increase its revenues for the 1996-97 school year to an amount that exceeds the amount calculated as follows:

AB150-ASA,1418,21 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 in the 3 previous school years.

AB150-ASA,1418,22 2. Add $206 to the result under subd. 1.

AB150-ASA,1418,24 3. Multiply the result under subd. 2. by the average of the number of pupils in the current and the 2 preceding school years.

AB150-ASA, s. 4112m Section 4112m. 121.91 (2m) (c) and (d) of the statutes are created to read:

AB150-ASA,1419,3 121.91 (2m) (c) Except as provided in subs. (3) and (4), no school district may increase its revenues for the 1997-98 school year to an amount that exceeds the amount calculated as follows:

AB150-ASA,1419,7 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 in the 3 previous school years.

AB150-ASA,1419,9 2. Multiply $206 by the sum of 1.0 plus the allowable rate of increase under s. 73.0305 expressed as a decimal.

AB150-ASA,1419,10 3. Add the result under subd. 1. to the result under subd. 2.

AB150-ASA,1419,12 4. Multiply the result under subd. 3. by the average of the number of pupils in the current and the 2 preceding school years.

AB150-ASA,1419,15 (d) 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:

AB150-ASA,1419,19 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 in the 3 previous school years.

AB150-ASA,1419,22 2. Multiply the amount determined under par. (c) 2. 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.

AB150-ASA,1419,23 3. Add the result under subd. 1. to the result under subd. 2.

AB150-ASA,1419,25 4. Multiply the result under subd. 3. by the average of the number of pupils in the current and the 2 preceding school years.

AB150-ASA, s. 4113g Section 4113g. 121.91 (4) (a) 3. of the statutes is created to read:

AB150-ASA,1420,6 121.91 (4) (a) 3. If responsibility for providing a service is transferred from one school board to another under subds. 1. and 2., the department shall ensure that the amount of the decrease in the former school district's limit under sub. (2m) shall be equal to or greater than the amount of the increase in the latter school district's limit under sub. (2m).

AB150-ASA, s. 4113m Section 4113m. 121.91 (4) (d) and (e) of the statutes are created to read:

AB150-ASA,1420,13 121.91 (4) (d) If a school district's revenue in the preceding school year was less than the limit under sub. (2) or (2m) in the preceding school year, the limit otherwise applicable to the school district's revenue in the current school year under sub. (2m) is increased by an amount equal to 65% of the difference between the amount of its revenue in the preceding school year and the amount of the limit in the preceding school year under sub. (2) or (2m).

AB150-ASA,1420,18 (e) If a school district receives less aid under 20 USC 7701 to 7703 in the 1994-95 school year or in any school year thereafter than it received in the previous school year, the limit otherwise applicable to the school district's revenue in the following school year under sub. (2m) is increased by an amount equal to the reduction in such aid.

AB150-ASA, s. 4114 Section 4114. 121.91 (5) (a) of the statutes is amended to read:

AB150-ASA,1421,2 121.91 (5) (a) Upon request by a school board, the state superintendent department may increase the school district's limit under sub. (1) by the amount necessary to allow the school district to avoid increasing its level of short-term borrowing over the amount of short-term borrowing incurred by the school district in the 1992-93 school year if the school district presents clear and convincing evidence of the need for the increase in the limit. The school board shall provide the state superintendent department with any information that the state superintendent department requires to make his or her the determination.

AB150-ASA, s. 4117b Section 4117b. 125.04 (11) (a) 1. of the statutes is renumbered 125.04 (11) (a) and amended to read:

AB150-ASA,1421,6 125.04 (11) (a) Permits. Retail All permits to sell alcohol beverages shall expire on June 30 of each year as specified in the valid certificate issued under s. 73.03 (50).

AB150-ASA, s. 4117c Section 4117c. 125.04 (11) (a) 2. of the statutes is repealed.

AB150-ASA, s. 4117g Section 4117g. 125.14 (2) (e) of the statutes is amended to read:

AB150-ASA,1421,21 125.14 (2) (e) Disposal. The department shall dispose of the alcohol beverages turned over to it by the court by either giving it to state-operated veterans' hospitals in amounts needed for medicinal purposes, selling it to the highest bidder if the bidder is a person holding a license or permit issued under this chapter, or destroying it, at the discretion of the department. If the department elects to sell the alcohol beverages, it shall publish a class 2 notice under ch. 985 asking for sealed bids from qualified bidders. Any items or groups of items in the inventory subject to a security interest, the existence of which was established in the proceedings for conviction as being bona fide and as having been created without the secured party having notice that the items were being used or were to be used in connection with the violation, shall be sold separately. The net proceeds from the sale, less all costs of seizure, storage and sale, shall be turned over to the state treasurer secretary of administration and credited to the common school fund.

AB150-ASA, s. 4117r Section 4117r. 125.14 (2) (f) of the statutes is amended to read:

AB150-ASA,1422,12 125.14 (2) (f) Sale. Any personal property, other than alcohol beverages, seized under par. (a) and fit for sale, shall be turned over by the department to the department of administration for disposal at public auction to the highest bidder, at a time and place stated in a notice of sale which describes the property to be sold. The sale shall be held in a conveniently accessible place in the county where the property was confiscated. A copy of the notice shall be published as a class 2 notice under ch. 985. The last insertion shall be at least 10 days before the sale. The department of revenue shall serve a copy of the notice of sale at least 2 weeks before the date thereof on all persons who are or may be owners or holders of security interests in the property. Any confiscated property worth more than $100 shall be sold separately, and the balance of the confiscated property shall be sold in bulk or separately at the discretion of the department of administration. The net proceeds from the sale, less all costs of seizure, storage and sale, shall be turned over to the state treasurer secretary of administration. No motor vehicle or motorboat confiscated under this section may be sold within 30 days after the date of seizure.

AB150-ASA, s. 4118m Section 4118m. 125.19 (2) of the statutes is amended to read:

AB150-ASA,1422,19 125.19 (2) Eligibility. Alcohol beverage warehouse permits may be issued only to any a person who holds a valid certificate issued under s. 73.03 (50) and is qualified under s. 125.04 (5), except a person acting as an agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be eligible for a permit under this section.

AB150-ASA, s. 4118r Section 4118r. 125.19 (3) of the statutes is repealed.

AB150-ASA, s. 4119g Section 4119g. 125.27 (1) (a) of the statutes is amended to read:

AB150-ASA,1423,5 125.27 (1) (a) The department shall issue Class "B" permits to clubs holding a valid certificate issued under s. 73.03 (50) that are operated solely for the playing of golf or tennis and are commonly known as country clubs and to clubs that are operated solely for curling, ski jumping or yachting, if the club is not open to the general public and if no Class "B" licenses are issued by the governing body of the municipality in which the club is located. A Class "B" permit authorizes retail sales of fermented malt beverages to be consumed on the premises where sold. Persons holding a Class "B" permit may sell beverages containing less than 0.5% of alcohol by volume without obtaining a license under s. 66.053 (1).

AB150-ASA, s. 4119m Section 4119m. 125.27 (1) (c) of the statutes is repealed.

AB150-ASA, s. 4119r Section 4119r. 125.27 (2) (a) 1. (intro.) of the statutes is amended to read:

AB150-ASA,1423,12 125.27 (2) (a) 1. (intro.) The department may issue a Class "B" permit to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5) authorizing the sale of fermented malt beverages for consumption on any vessel having a regular place of mooring located in any waters of this state as defined under s. 29.01 (9) and (11) if any of the following applies:

AB150-ASA, s. 4120m Section 4120m. 125.27 (2) (c) of the statutes is repealed.

AB150-ASA, s. 4121m Section 4121m. 125.275 (1) of the statutes is amended to read:

AB150-ASA,1423,19 125.275 (1) The department may issue an industrial fermented malt beverages permit which authorizes the permittee to purchase and use fermented malt beverages for industrial purposes only. Such permits may be issued only to persons who prove to the department that they use alcohol for industrial purposes and who holds a valid certificate issued under s. 73.03 (50).

AB150-ASA, s. 4121r Section 4121r. 125.275 (4) of the statutes is repealed.

AB150-ASA, s. 4122m Section 4122m. 125.29 (1) of the statutes is amended to read:

AB150-ASA,1424,3 125.29 (1) Permit. No person may operate as a brewer unless that person obtains a permit from the department. Each wholesaler required to register under s. 139.09 shall obtain a permit under this subsection. The fee for a permit under this subsection is $25, and that permit is valid for 2 years, except that, if a person applies for the permit after the beginning of the permit period, the permit is valid until the end of the permit period A permit under this section may only be issued to a person who holds a valid certificate issued under s. 73.03 (50).