Amendment ASA1-AB100

AB100-ASA1,1322,13 121.54 (4) (b) A school board, a county handicapped children's education board or a cooperative educational service agency may provide transportation regardless of distance for children with exceptional educational needs who attend a summer special education program under s. 115.83 (4), if a request for such transportation is approved by the department state superintendent. Approval shall be based on whether or not the child can walk to school with safety and comfort. Section 121.53 shall apply to transportation provided under this paragraph.

AB100-ASA1, s. 2882t Section 2882t. 121.54 (9) of the statutes is amended to read:

AB100-ASA1,1323,11 121.54 (9) Transportation in areas of unusual hazards. (a) In school districts in which unusual hazards exist for pupils in walking to and from the school where they are enrolled, the school board shall develop a plan which shall show by map and explanation the nature of the unusual hazards to pupil travel and propose a plan of transportation if such transportation is necessary, which will provide proper safeguards for the school attendance of such pupils. Copies of the plan shall be filed with the sheriff of the county in which the principal office of the school district is located. The sheriff shall review the plan and may make suggestions for revision deemed appropriate. The sheriff shall investigate the site and plan and make a determination as to whether unusual hazards exist which cannot be corrected by local government and shall report the findings in writing to the department state superintendent and the school board concerned. Within 60, but not less than 30, days from the day on which the department state superintendent receives the sheriff's report, the department state superintendent shall determine whether unusual hazards to pupil travel exist and whether the plan provides proper safeguards for such pupils. If the department state superintendent makes findings which support the plan and the determination that unusual hazards exist which seriously jeopardize the safety of the pupils in their travel to and from school, the school board shall put the plan into effect and state aid shall be paid under s. 121.58 (2) (c) for any transportation of pupils under this subsection. Any city, village or town may reimburse, in whole or in part, a school district for costs incurred in providing transportation under this subsection for pupils who reside in the city, village or town.

AB100-ASA1,1323,22 (am) Any person aggrieved by the failure of a school board to file a plan with the sheriff as provided in par. (a) may notify the school board in writing that an area of unusual hazard exists. The school board shall reply to the aggrieved person in writing within 30 days of receipt of the aggrieved person's notice. The school board shall send a copy of the board's reply to the sheriff of the county in which the principal office of the school district is located and to the department state superintendent. Upon receipt of the school board's reply, the aggrieved person may request a hearing before the department state superintendent for a determination as to whether an area of unusual hazard exists. If the department state superintendent determines that an area of unusual hazard exists, the department state superintendent shall direct the school board to proceed as provided in par. (a).

AB100-ASA1,1324,2 (b) Within 30 days after the sheriff's report is received by the department state superintendent, any aggrieved person may request a hearing before the department state superintendent on the determination by the sheriff and on the plan. After such hearing, the department state superintendent shall proceed as provided in par. (a).

AB100-ASA1,1324,6 (c) The department state superintendent and the department of transportation shall establish a definition of "unusual hazards" and "area of unusual hazards" for the implementation of this subsection. Such definition shall be promulgated, as a rule, by the department state superintendent.

AB100-ASA1, s. 2179 Section 2179. 121.56 of the statutes is amended to read:

AB100-ASA1,1324,17 121.56 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 department state superintendent 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 secretary state superintendent, the school board shall discontinue any route specified by the secretary state superintendent.

AB100-ASA1, s. 2884m Section 2884m. 121.57 (1) (b) of the statutes is amended to read:

AB100-ASA1,1324,23 121.57 (1) (b) This subsection also applies to handicapped children. The department state superintendent may grant permission for a handicapped child to be transported to a school in another school district if an acceptable form of transportation is provided and if such school offers equal or better educational opportunities for the child.

AB100-ASA1, s. 2180 Section 2180. 121.58 (5) of the statutes is amended to read:

AB100-ASA1,1325,7 121.58 (5) (title) Department State superintendent approval. If the department state superintendent is satisfied that transportation or board and lodging was provided in compliance with law, the department state superintendent 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 department state superintendent may determine such matter and its his or her decision is final.

AB100-ASA1, s. 2888m Section 2888m. 121.76 (2) (a) of the statutes is amended to read:

AB100-ASA1,1325,11 121.76 (2) (a) All tuition shall be calculated under s. 121.83 unless the department state superintendent approves an alternative procedure consistent with s. 121.75.

AB100-ASA1, s. 2889m Section 2889m. 121.77 (2) (a) and (b) of the statutes are amended to read:

AB100-ASA1,1325,18 121.77 (2) (a) A tuition claim for each nonresident pupil or adult for whom services were provided under this subchapter during the preceding school year. The claim shall be filed with the school district clerk under s. 121.78, the department state superintendent under s. 121.79, the county clerk under s. 121.80, the pupil's parent or guardian under s. 121.81 or the adult under s. 121.82. Credit shall be given for prepayments.

AB100-ASA1,1325,20 (b) A certified copy of each tuition claim under par. (a) with the department state superintendent.

AB100-ASA1, s. 2890c Section 2890c. 121.78 (1) (a) of the statutes is amended to read:

AB100-ASA1,1326,3 121.78 (1) (a) Upon the approval of the department state superintendent, the school board of the district of residence and the school board of the district of attendance may make a written agreement to permit an elementary or high school pupil to attend a public school, including an out-of-state school, outside the school district of residence, and the school district of residence shall pay the tuition. The school district of residence shall be paid state aid as though the pupil were enrolled in the school district of residence.

AB100-ASA1, s. 2181 Section 2181. 121.845 (3) of the statutes is repealed and recreated to read:

AB100-ASA1,1326,6 121.845 (3) "School" means an organized educational activity operated by the school board and approved by the department.

AB100-ASA1, s. 2894d Section 2894d. 121.85 (4) (b) of the statutes is amended to read:

AB100-ASA1,1326,10 121.85 (4) (b) Any school board that, prior to May 4, 1976, established a plan to reduce racial imbalance in the school district is eligible for state aid under sub. (6) (a) if the department state superintendent approves the plan.

AB100-ASA1, s. 2894h Section 2894h. 121.87 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1326,16 121.87 (1) (intro.) Any school district that receives aid under this subchapter in the 1989-90 school year or in any school year thereafter shall submit a report to the department state superintendent, on a form provided by the department state superintendent, by August 15 of the following school year. The report shall include all of the following for the school year in which the school district received aid:

AB100-ASA1, s. 2894p Section 2894p. 121.87 (1) (e) of the statutes is amended to read:

AB100-ASA1,1326,19 121.87 (1) (e) Any other information requested by the department state superintendent.

AB100-ASA1, s. 2894t Section 2894t. 121.87 (2) of the statutes is amended to read:

AB100-ASA1,1326,22 121.87 (2) The department state superintendent shall develop a standard method for reporting under sub. (1).

AB100-ASA1, s. 2182 Section 2182. 121.90 (1) of the statutes is amended to read:

AB100-ASA1,1327,3 121.90 (1) "Number of pupils enrolled" 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.

AB100-ASA1, s. 2183 Section 2183. 121.905 (1) of the statutes is amended to read:

AB100-ASA1,1327,7 121.905 (1) In this section, "revenue ceiling" means $5,300 $5,900 in the 1995-96 1997-98 school year and in any subsequent school year means $5,600 $6,100.

AB100-ASA1, s. 2184 Section 2184. 121.905 (3) (b) of the statutes is amended to read:

AB100-ASA1,1327,13 121.905 (3) (b) Divide the result in par. (a) by the sum of the average of the number of pupils enrolled in the 3 previous school years and the number of pupils enrolled 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.

AB100-ASA1, s. 2897m Section 2897m. 121.91 (2m) (c) (intro.) of the statutes is amended to read:

AB100-ASA1,1327,17 121.91 (2m) (c) (intro.) Except as provided in subs. (3) and, (4) and (6), no school district may increase its revenues for the 1997-98 school year to an amount that exceeds the amount calculated as follows:

AB100-ASA1, s. 2185 Section 2185. 121.91 (2m) (c) 1. of the statutes is amended to read:

AB100-ASA1,1327,24 121.91 (2m) (c) 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 a number calculated by adding the number of pupils enrolled in the 3 previous school years, subtracting from that total the number of pupils attending private schools under s. 119.23 in the 4th, 3rd and 2nd preceding school years, and dividing the remainder by 3.

AB100-ASA1, s. 2186 Section 2186. 121.91 (2m) (c) 4. of the statutes is amended to read:

AB100-ASA1,1328,5 121.91 (2m) (c) 4. Multiply the result under subd. 3. by the average of a number calculated by adding the number of pupils enrolled in the current and the 2 preceding school years, subtracting from that total the number of pupils attending private schools under s. 119.23 in the 3 previous school years, and dividing the remainder by 3.

AB100-ASA1, s. 2187 Section 2187. 121.91 (2m) (d) 1. of the statutes is amended to read:

AB100-ASA1,1328,13 121.91 (2m) (d) 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 a number calculated by adding the number of pupils enrolled in the 3 previous school years, subtracting from that total the number of pupils attending charter schools under s. 118.40 (2r) and private schools under s. 119.23 in the 4th, 3rd and 2nd preceding school years and dividing the remainder by 3.

AB100-ASA1, s. 2188 Section 2188. 121.91 (2m) (d) 4. of the statutes is amended to read:

AB100-ASA1,1328,19 121.91 (2m) (d) 4. Multiply the result under subd. 3. by the average of a number calculated by adding the number of pupils enrolled in the current and the 2 preceding school years, subtracting from that total the number of pupils attending charter schools under s. 118.40 (2r) and private schools under s. 119.23 in the 3 previous school years and dividing the remainder by 3.

AB100-ASA1, s. 2902e Section 2902e. 121.91 (3) (c) of the statutes is amended to read:

AB100-ASA1,1329,7 121.91 (3) (c) The referendum shall be held in accordance with chs. 5 to 12. The school district clerk shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the elections board under ss. 5.64 (2) and 7.08 (1) (a). The question submitted shall be whether the limit under sub. (1), (2) or (2m) may be exceeded by a specified amount. If the resolution provides that any of the excess revenue will be used for a nonrecurring purpose, the ballot in the election shall so state and shall specify the amount that will be used for a nonrecurring purpose. The school district clerk shall promptly certify the results of the referendum to the department state superintendent. The limit otherwise applicable to the school district under sub. (1), (2) or (2m) is increased by the amount approved by a majority of those voting on the question.

AB100-ASA1, s. 2902m Section 2902m. 121.91 (4) (a) of the statutes is amended to read:

AB100-ASA1,1329,13 121.91 (4) (a) 1. If a school board transfers to another governmental unit responsibility for providing any service that it provided in the preceding school year, the limit otherwise applicable under sub. (1), (2) or (2m) in the current school year is decreased by the cost that it would have incurred to provide that service, as determined by the department state superintendent.

AB100-ASA1,1329,18 2. If a school board increases the services that it provides by adding responsibility for providing a service transferred to it from another governmental unit in the previous school year, the limit otherwise applicable under sub. (1), (2) or (2m) in the current school year is increased by the cost of that service, as determined by the department state superintendent.

AB100-ASA1,1329,23 3. If responsibility for providing a service is transferred from one school board to another under subds. 1. and 2., the department state superintendent 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).

AB100-ASA1, s. 2902s Section 2902s. 121.91 (4) (b) of the statutes is amended to read:

AB100-ASA1,1330,6 121.91 (4) (b) 1. If a school district increases its territory by a boundary change under s. 117.10, 117.11, 117.12, 117.13 or 117.132, the limit otherwise applicable in the school year beginning on the effective date of the boundary change under sub. (1), (2) or (2m) is increased by an amount equal to the cost of extending services to the attached territory in the school year to which the limit applies, as determined by the department state superintendent.

AB100-ASA1,1330,12 2. If a school district decreases its territory due to a boundary change under s. 117.11, 117.12, 117.13 or 117.132, the limit otherwise applicable in the school year beginning on the effective date of the boundary change under sub. (1), (2) or (2m) is decreased by an amount equal to the cost of services that it provided to the detached territory in the school year to which the limit applies, as determined by the department state superintendent.

AB100-ASA1, s. 2902v Section 2902v. 121.91 (4) (f) of the statutes is created to read:

AB100-ASA1,1330,19 121.91 (4) (f) 1. For the 1998-99 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) is increased by the amount determined as follows:

AB100-ASA1,1330,22 a. In the current school year, an amount equal to the additional amount that would have been calculated had the decline in average enrollment been 25% of what it was.

AB100-ASA1,1330,25 b. In the first succeeding school year, an amount equal to the additional amount that would have been calculated had the decline in average enrollment been 50% of what it was.

AB100-ASA1,1331,3 c. In the 2nd succeeding school year, an amount equal to the additional amount that would have been calculated had the decline in average enrollment been 75% of what it was.

AB100-ASA1,1331,6 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) for the following school year.

AB100-ASA1, s. 2189 Section 2189. 121.91 (5) of the statutes is amended to read:

AB100-ASA1,1331,15 121.91 (5) (a) Upon request by a school board, the department state superintendent 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 department state superintendent with any information that the department state superintendent requires to make the determination.

AB100-ASA1,1331,19 (b) The department state superintendent shall submit to the governor, and to the legislature under s. 13.172 (2), a report summarizing the requests made by school boards under par. (a) and the increases granted by the department state superintendent.

AB100-ASA1, s. 2903g Section 2903g. 121.91 (6) of the statutes is created to read:

AB100-ASA1,1332,2 121.91 (6) In determining a school district's limit under sub. (2m) (c) for the 1997-98 school year, if the average of the number of pupils enrolled in the current and the 2 preceding school years, as calculated under sub. (2m) (c) 4., is more than 2% less than the average of the number of pupils enrolled in the 3 previous school years, as calculated under sub. (2m) (c) 1., the school district's limit shall be calculated as if the decrease had been 2%.

AB100-ASA1, s. 2903m Section 2903m. 121.92 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,1332,5 121.92 (2) (intro.) The department state superintendent shall do all of the following:

AB100-ASA1, s. 2903r Section 2903r. 125.02 (14) of the statutes is amended to read:

AB100-ASA1,1332,9 125.02 (14) "Person" means a natural person, sole proprietorship, partnership, limited liability company, corporation or association or the owner of a single-owner entity that is disregarded as a separate entity under ch. 71.

AB100-ASA1, s. 2903t Section 2903t. 125.04 (5) (a) 1. of the statutes is amended to read:

AB100-ASA1,1332,12 125.04 (5) (a) 1. Do not have an arrest or conviction record, subject to ss. 111.321, 111.322 and, 111.335 and 125.12 (1) (b).

AB100-ASA1, s. 2190 Section 2190. 125.04 (5) (a) 5. of the statutes is amended to read:

AB100-ASA1,1332,22 125.04 (5) (a) 5. Have successfully completed within the 2 years prior to the date of application a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course that is approved by the department or the department of education educational approval board. This subdivision does not apply to an applicant who held, or who was an agent appointed and approved under sub. (6) of a corporation or limited liability company that held, within the past 2 years, a Class "A", "Class A" or "Class C" license or a Class "B" or "Class B" license or permit or a manager's or operator's license.

AB100-ASA1, s. 2904m Section 2904m. 125.04 (12) (a) of the statutes is amended to read:

AB100-ASA1,1333,8 125.04 (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. Transfers shall be made by the issuing authority upon payment of a fee of $10. 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).

AB100-ASA1, s. 2906gg Section 2906gg. 125.10 (1) of the statutes is amended to read:

AB100-ASA1,1333,21 125.10 (1) Authorization. Any A municipality may enact regulations incorporating any part of this chapter and may prescribe additional regulations for the sale of a regulation relating to alcohol beverages not in conflict with only if the regulation strictly conforms to this chapter. The municipality may prescribe forfeitures or license suspension or revocation for violations of any such regulations. Regulations providing forfeitures or license suspension or revocation must be adopted by ordinance No regulation relating to alcohol beverages that is enacted on or before the effective date of this subsection .... [revisor inserts date], is valid unless the regulation strictly conforms to this chapter. Nothing in this subsection prohibits a municipality from continuing to enforce a regulation that is in effect on the effective date of this subsection .... [revisor inserts date], and that relates to alcohol beverages, if the regulation strictly conforms to this chapter.

AB100-ASA1, s. 2906gm Section 2906gm. 125.12 (1) of the statutes is renumbered 125.12 (1) (a) and amended to read:

AB100-ASA1,1334,3 125.12 (1) (a) Any Except as provided in par. (b), any municipality or the department may revoke, suspend or refuse to renew any license or permit under this chapter, as provided in this section.

AB100-ASA1, s. 2906gr Section 2906gr. 125.12 (1) (b) of the statutes is created to read:

AB100-ASA1,1334,6 125.12 (1) (b) 1. In this paragraph, "violation" means a violation of s. 125.07 (1) (a), or a local ordinance that strictly conforms to s. 125.07 (1) (a).

AB100-ASA1,1334,11 2. No violation may be considered under this section or s.125.04 (5) (a) 1. unless the licensee or permittee has committed another violation within one year preceding the violation. If a licensee or permittee has committed 2 or more violations within one year, all violations committed within one year of a previous violation may be considered under this section or s. 125.04 (5) (a) 1.

AB100-ASA1, s. 2906mg Section 2906mg. 125.12 (2) (ag) 2. and 3. of the statutes are repealed.

AB100-ASA1, s. 2906mm Section 2906mm. 125.12 (2) (b) 2. of the statutes is amended to read:

AB100-ASA1,1334,21 125.12 (2) (b) 2. If the licensee appears as required by the summons and denies the complaint, both the complainant and the licensee may produce witnesses, cross-examine witnesses and be represented by counsel. The licensee shall be provided a written transcript of the hearing at his or her expense. If the hearing is held before the municipal governing body and the complaint is found to be true, the license shall either be suspended for not less than 10 days nor more than 90 days or revoked, except that, if a complaint under par. (ag) 4. is found to be true with respect to a license issued under s. 125.51 (4) (v), the license shall be revoked.

AB100-ASA1, s. 2906mr Section 2906mr. 125.12 (4) (ag) 2. and 3. of the statutes are repealed.

AB100-ASA1, s. 2906mt Section 2906mt. 125.12 (4) (b) of the statutes is amended to read:

AB100-ASA1,1335,13 125.12 (4) (b) Procedure on hearing. If the licensee does not appear as required by the summons, the allegations of the complaint shall be taken as true and if the court finds the allegations sufficient, it shall order the license either suspended for not more than 90 days or revoked, except that, for allegations under par. (ag) 6. with respect to a license issued under s. 125.51 (4) (v), it shall order the license revoked. The clerk of the court shall give notice of the suspension or revocation to the person whose license is suspended or revoked. If the licensee appears and answers the complaint, the court shall fix a date for the hearing not more than 30 days after the return date of the summons. The hearing shall be had before the court without a jury. If upon the hearing the court finds the allegations of the complaint to be true, it shall order the license either suspended for not more than 90 days or revoked , except that, if upon the hearing the court finds allegations under par. (ag) 6. to be true with respect to a license issued under s. 125.51 (4) (v), the court shall order that license revoked. If the court finds the allegations of the complaint to be untrue, the complaint shall be dismissed.

AB100-ASA1, s. 2906mv Section 2906mv. 125.12 (5) of the statutes is amended to read: