Amendment ASA-AB150

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 of the statutes is repealed.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AB150-ASA, s. 4111m Section 4111m. 121.91 (2m) (b) of the statutes is repealed and recreated to read: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

AB150-ASA, s. 4123c Section 4123c. 125.30 (3) of the statutes is amended to read:

AB150-ASA,1424,12 125.30 (3) Out-of-state shippers' permits may be issued only to any a person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5). Notwithstanding s. 125.04 (5) (a), natural persons obtaining out-of-state shippers' permits are not required to be residents of this state. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be qualified for a permit under this section. Notwithstanding s. 125.04 (6), corporations or limited liability companies obtaining out-of-state shippers' permits are not required to appoint agents.

AB150-ASA, s. 4123d Section 4123d. 125.30 (4) of the statutes is repealed.

AB150-ASA, s. 4123g Section 4123g. 125.51 (4) (t) of the statutes is renumbered 125.51 (4) (t) 1.

AB150-ASA, s. 4123h Section 4123h. 125.51 (4) (t) 2. of the statutes is created to read:

AB150-ASA,1424,18 125.51 (4) (t) 2. No license may be issued under subd. 1. after the effective date of this subdivision .... [revisor inserts date], but a license issued under subd. 1. before the effective date of this subdivision .... [revisor inserts date], may be renewed.

AB150-ASA, s. 4123m Section 4123m. 125.51 (4) (u) of the statutes is created to read:

AB150-ASA,1424,23 125.51 (4) (u) 1. Notwithstanding the quota of a municipality, its governing body may issue a license to a corporation that holds a Class "B" license, a "Class C" license and a "Class A" license since January 1, 1992, if the licenses are issued by that governing body.

AB150-ASA,1425,3 2. No license may be issued under subd. 1. after September 1, 1995, or 30 days after the effective date of this subdivision .... [revisor inserts date], whichever is later, but a license issued under subd. 1. on or before September 1, 1995, or on or before 30 days after the effective date of this subdivision .... [revisor inserts date], whichever is later, may be renewed.

AB150-ASA, s. 4124m Section 4124m. 125.51 (5) (a) 1. of the statutes is amended to read:

AB150-ASA,1425,17 125.51 (5) (a) 1. The department shall issue "Class B" permits to clubs which that are operated solely for the playing of golf or tennis and are commonly known as country clubs and to clubs which are operated solely for curling, ski jumping or yachting. A "Class B" permit may be issued only to a club that holds a valid certificate issued under s. 73.03 (50), that is not open to the general public and that is located in a municipality that does not issue "Class B" licenses or to a club located in a municipality that issues "Class B" licenses, if the club holds a valid certificate issued under s. 73.03 (50), is not open to the general public, was not issued a license under s. 176.05 (4a), 1979 stats., and does not currently hold a "Class B" license. The permits may be issued by the department without regard to any local option exercised under s. 125.05 and without regard to any quota under sub. (4). The holder of a "Class B" permit may sell intoxicating liquor for consumption by the glass and not in the original package or container on the premises covered by the permit.

AB150-ASA, s. 4124r Section 4124r. 125.51 (5) (a) 4. of the statutes is amended to read:

AB150-ASA,1425,25 125.51 (5) (a) 4. The department may annually issue a "Class B" permit to any club that holds a valid certificate issued under s. 73.03 (50), is organized to engage in sports similar to curling, golf, tennis or yachting which and that held a license from July 1, 1950, to June 30, 1951, as long as it is continuously operated under substantially the same circumstances under which it operated during the year beginning July 1, 1950, if the club is located in a municipality that does not issue "Class B" licenses.

AB150-ASA, s. 4125g Section 4125g. 125.51 (5) (a) 5. of the statutes is repealed.

AB150-ASA, s. 4125m Section 4125m. 125.51 (5) (b) 2. of the statutes is amended to read:

AB150-ASA,1426,9 125.51 (5) (b) 2. The department shall issue a "Class B" permit to a concessionaire conducting that holds a valid certificate issued under s. 73.03 (50) and that conducts business in an operating airport or public facility, if the county or municipality which owns the airport or public facility has, by resolution of its governing body, annually applied to the department for the permit. The permit authorizes the sale of intoxicating liquor for consumption by the glass and not in the original package or container on the premises.

AB150-ASA, s. 4125r Section 4125r. 125.51 (5) (b) 5. of the statutes is repealed.

AB150-ASA, s. 4126g Section 4126g. 125.51 (5) (c) 1. of the statutes is amended to read:

AB150-ASA,1427,4 125.51 (5) (c) 1. 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 intoxicating liquor 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 the vessel either serves food and has an approved passenger capacity of not less than 40 individuals and the sale of intoxicating liquor and fermented malt beverages on the vessel accounts for less than 50% of the gross receipts of all of the food and beverages served on the vessel or if the vessel has an approved passenger capacity of at least 100 individuals and the sale of intoxicating liquor and fermented malt beverages on the vessel accounts for less than 50% of the gross receipts of the vessel. The department may issue the permit only if the vessel leaves its place of mooring while the sale of intoxicating liquor is taking place and if the vessel fulfills the requirement under par. (c) 1m. A permit issued under this subdivision also authorizes the permittee to store intoxicating liquor purchased for sale on the vessel on premises owned or leased by the permittee and located near the vessel's regular place of mooring. The permittee shall describe on the permit application under s. 125.04 (3) (a) 3 the premises where the intoxicating liquor will be stored. The premises shall be open to inspection by the department upon request.

AB150-ASA, s. 4127m Section 4127m. 125.51 (5) (c) 2. of the statutes is repealed.

AB150-ASA, s. 4128m Section 4128m. 125.52 (3) of the statutes is amended to read:

AB150-ASA,1427,13 125.52 (3) Persons eligible. Except as provided under s. 125.69, a manufacturer's or rectifier's permit may be issued to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5), except a foreign corporation, a foreign limited liability company or 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. 4129m Section 4129m. 125.52 (4) of the statutes is repealed.

AB150-ASA, s. 4130m Section 4130m. 125.52 (5) of the statutes is repealed.

AB150-ASA, s. 4131m Section 4131m. 125.53 (1) of the statutes is amended to read:

AB150-ASA,1427,25 125.53 (1) The department shall issue only to a manufacturing winery in this state that holds a valid certificate issued under s. 73.03 (50) a winery permit authorizing the manufacture and bottling of wine on the premises covered by the permit for sale at wholesale to other licensees or permittees. A permittee under this section may offer on the premises taste samples of wine manufactured on the premises to persons who have attained the legal drinking age. A permittee under this section may also have either a "Class A" or "Class B" license, but not both. If a "Class A" or "Class B" liquor license has also been issued to the winery, the winery may offer the taste samples on the "Class A" or "Class B" premises.

AB150-ASA, s. 4132m Section 4132m. 125.53 (3) of the statutes is repealed.

AB150-ASA, s. 4132r Section 4132r. 125.54 (2) of the statutes is amended to read:

AB150-ASA,1428,9 125.54 (2) Persons eligible. Except as provided under s. 125.69, a wholesaler's permit may be issued to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5), except a foreign corporation, a foreign limited liability company or 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. 4133g Section 4133g. 125.54 (3) of the statutes is repealed.

AB150-ASA, s. 4134g Section 4134g. 125.54 (4) of the statutes is repealed.

AB150-ASA, s. 4134m Section 4134m. 125.55 (3) of the statutes is repealed.

AB150-ASA, s. 4134r Section 4134r. 125.58 (2) of the statutes is amended to read:

AB150-ASA,1428,22 125.58 (2) Out-of-state shippers' permits may be issued only to any a person except who holds a valid certificate issued under s. 73.03 (50), but may not be issued to a person acting as an agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a), natural persons obtaining out-of-state shippers' permits are not required to be residents of this state. 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. Notwithstanding s. 125.04 (6), corporations or limited liability companies obtaining out-of-state shippers' permits are not required to appoint agents.

AB150-ASA, s. 4135g Section 4135g. 125.58 (3) of the statutes is repealed.

AB150-ASA, s. 4135m Section 4135m. 125.60 (2) of the statutes is amended to read:

AB150-ASA,1429,5 125.60 (2) Wholesale alcohol permits may be issued to any person who holds a valid certificate issued under s. 73.03 (50) and who 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 qualified for a permit under this section.

AB150-ASA, s. 4136m Section 4136m. 125.60 (5) of the statutes is repealed.

AB150-ASA, s. 4137m Section 4137m. 125.62 (2) of the statutes is amended to read: