SB77-SSA1,1326,65
121.845
(3) "School" means an organized educational activity operated by the
6school board and approved by the department.
SB77-SSA1,1326,108
121.85
(4) (b) Any school board that, prior to May 4, 1976, established a plan
9to reduce racial imbalance in the school district is eligible for state aid under sub. (6)
10(a) if the
department state superintendent approves the plan.
SB77-SSA1,1326,1612
121.87
(1) (intro.) Any school district that receives aid under this subchapter
13in the 1989-90 school year or in any school year thereafter shall submit a report to
14the
department state superintendent, on a form provided by the
department state
15superintendent, by August 15 of the following school year. The report shall include
16all of the following for the school year in which the school district received aid:
SB77-SSA1,1326,1918
121.87
(1) (e) Any other information requested by the
department state
19superintendent.
SB77-SSA1,1326,2221
121.87
(2) The
department state superintendent shall develop a standard
22method for reporting under sub. (1).
SB77-SSA1,1327,3
1121.90
(1) "Number of pupils
enrolled" means the number of pupils enrolled
2on the 3rd Friday of September
, except that "number of pupils" excludes the number
3of pupils attending private schools under s. 119.23.
SB77-SSA1,1327,75
121.905
(1) In this section, "revenue ceiling" means
$5,300 $5,900 in the
61995-96 1997-98 school year and in any subsequent school year means
$5,600 7$6,100.
SB77-SSA1,1327,139
121.905
(3) (b) Divide the result in par. (a) by the sum of the average of the
10number of pupils
enrolled in the 3 previous school years and the number of pupils
11enrolled who were school district residents and solely enrolled in a special education
12program provided by a county handicapped children's education board program in
13the previous school year.
SB77-SSA1, s. 2897m
14Section 2897m. 121.91 (2m) (c) (intro.) of the statutes is amended to read:
SB77-SSA1,1327,1715
121.91
(2m) (c) (intro.) Except as provided in subs. (3)
and, (4)
and (6), no school
16district may increase its revenues for the 1997-98 school year to an amount that
17exceeds the amount calculated as follows:
SB77-SSA1,1327,2419
121.91
(2m) (c) 1. Divide the sum of the amount of state aid received in the
20previous school year and property taxes levied for the previous school year, excluding
21funds described under sub. (4) (c), by
the average of
a number calculated by adding 22the number of pupils
enrolled in the 3 previous school years
, subtracting from that
23total the number of pupils attending private schools under s. 119.23 in the 4th, 3rd
24and 2nd preceding school years, and dividing the remainder by 3.
SB77-SSA1,1328,5
1121.91
(2m) (c) 4. Multiply the result under subd. 3. by
the average of a number
2calculated by adding the number of pupils
enrolled in the current and the 2 preceding
3school years
, subtracting from that total the number of pupils attending private
4schools under s. 119.23 in the 3 previous school years, and dividing the remainder
5by 3.
SB77-SSA1,1328,137
121.91
(2m) (d) 1. Divide the sum of the amount of state aid received in the
8previous school year and property taxes levied for the previous school year, excluding
9funds described under sub. (4) (c), by
the average of
a number calculated by adding 10the number of pupils
enrolled in the 3 previous school years
, subtracting from that
11total the number of pupils attending charter schools under s. 118.40 (2r) and private
12schools under s. 119.23 in the 4th, 3rd and 2nd preceding school years and dividing
13the remainder by 3.
SB77-SSA1,1328,1915
121.91
(2m) (d) 4. Multiply the result under subd. 3. by
the average of a number
16calculated by adding the number of pupils
enrolled in the current and the 2 preceding
17school years
, subtracting from that total the number of pupils attending charter
18schools under s. 118.40 (2r) and private schools under s. 119.23 in the 3 previous
19school years and dividing the remainder by 3.
SB77-SSA1,1329,721
121.91
(3) (c) The referendum shall be held in accordance with chs. 5 to 12. The
22school district clerk shall provide the election officials with all necessary election
23supplies. The form of the ballot shall correspond substantially with the standard
24form for referendum ballots prescribed by the elections board under ss. 5.64 (2) and
257.08 (1) (a). The question submitted shall be whether the limit under sub. (1), (2) or
1(2m) may be exceeded by a specified amount. If the resolution provides that any of
2the excess revenue will be used for a nonrecurring purpose, the ballot in the election
3shall so state and shall specify the amount that will be used for a nonrecurring
4purpose. The school district clerk shall promptly certify the results of the
5referendum to the
department state superintendent. The limit otherwise applicable
6to the school district under sub. (1), (2) or (2m) is increased by the amount approved
7by a majority of those voting on the question.
SB77-SSA1,1329,139
121.91
(4) (a) 1. If a school board transfers to another governmental unit
10responsibility for providing any service that it provided in the preceding school year,
11the limit otherwise applicable under sub. (1), (2) or (2m) in the current school year
12is decreased by the cost that it would have incurred to provide that service, as
13determined by the
department state superintendent.
SB77-SSA1,1329,1814
2. If a school board increases the services that it provides by adding
15responsibility for providing a service transferred to it from another governmental
16unit in the previous school year, the limit otherwise applicable under sub. (1), (2) or
17(2m) in the current school year is increased by the cost of that service, as determined
18by the
department state superintendent.
SB77-SSA1,1329,2319
3. If responsibility for providing a service is transferred from one school board
20to another under subds. 1. and 2., the
department
state superintendent shall ensure
21that the amount of the decrease in the former school district's limit under sub. (2m)
22shall be equal to or greater than the amount of the increase in the latter school
23district's limit under sub. (2m).
SB77-SSA1,1330,6
1121.91
(4) (b) 1. If a school district increases its territory by a boundary change
2under s. 117.10, 117.11, 117.12, 117.13 or 117.132, the limit otherwise applicable in
3the school year beginning on the effective date of the boundary change under sub. (1),
4(2) or (2m) is increased by an amount equal to the cost of extending services to the
5attached territory in the school year to which the limit applies, as determined by the
6department state superintendent.
SB77-SSA1,1330,127
2. If a school district decreases its territory due to a boundary change under s.
8117.11, 117.12, 117.13 or 117.132, the limit otherwise applicable in the school year
9beginning on the effective date of the boundary change under sub. (1), (2) or (2m) is
10decreased by an amount equal to the cost of services that it provided to the detached
11territory in the school year to which the limit applies, as determined by the
12department state superintendent.
SB77-SSA1,1330,1914
121.91
(4) (f) 1. For the 1998-99 school year or any school year thereafter, if the
15average of the number of pupils enrolled in the current and the 2 preceding school
16years, as calculated under sub. (2m) (d) 4., is less than the average of the number of
17pupils enrolled in the 3 previous school years, as calculated under sub. (2m) (d) 1.,
18the limit otherwise applicable under sub. (2m) (d) is increased by the amount
19determined as follows:
SB77-SSA1,1330,2220
a. In the current school year, an amount equal to the additional amount that
21would have been calculated had the decline in average enrollment been 25% of what
22it was.
SB77-SSA1,1330,2523
b. In the first succeeding school year, an amount equal to the additional amount
24that would have been calculated had the decline in average enrollment been 50% of
25what it was.
SB77-SSA1,1331,3
1c. In the 2nd succeeding school year, an amount equal to the additional amount
2that would have been calculated had the decline in average enrollment been 75% of
3what it was.
SB77-SSA1,1331,64
2. Any additional revenue received by a school district as a result of subd. 1.
5shall not be included in the base for determining the school district's limit under sub.
6(2m) (d) for the following school year.
SB77-SSA1,1331,158
121.91
(5) (a) Upon request by a school board, the
department state
9superintendent may increase the school district's limit under sub. (1) by the amount
10necessary to allow the school district to avoid increasing its level of short-term
11borrowing over the amount of short-term borrowing incurred by the school district
12in the 1992-93 school year if the school district presents clear and convincing
13evidence of the need for the increase in the limit. The school board shall provide the
14department state superintendent with any information that the
department state
15superintendent requires to make the determination.
SB77-SSA1,1331,1916
(b) The
department state superintendent shall submit to the governor, and to
17the legislature under s. 13.172 (2), a report summarizing the requests made by school
18boards under par. (a) and the increases granted by the
department state
19superintendent.
SB77-SSA1,1332,221
121.91
(6) In determining a school district's limit under sub. (2m) (c) for the
221997-98 school year, if the average of the number of pupils enrolled in the current
23and the 2 preceding school years, as calculated under sub. (2m) (c) 4., is more than
242% less than the average of the number of pupils enrolled in the 3 previous school
1years, as calculated under sub. (2m) (c) 1., the school district's limit shall be
2calculated as if the decrease had been 2%.
SB77-SSA1,1332,54
121.92
(2) (intro.) The
department
state superintendent shall do all of the
5following:
SB77-SSA1,1332,97
125.02
(14) "Person" means a natural person, sole proprietorship, partnership,
8limited liability company, corporation or association
or the owner of a single-owner
9entity that is disregarded as a separate entity under ch. 71.
SB77-SSA1,1332,1211
125.04
(5) (a) 1. Do not have an arrest or conviction record, subject to ss.
12111.321, 111.322
and, 111.335
and 125.12 (1) (b).
SB77-SSA1,1332,2214
125.04
(5) (a) 5. Have successfully completed within the 2 years prior to the
15date of application a responsible beverage server training course at any location that
16is offered by a technical college district and that conforms to curriculum guidelines
17specified by the technical college system board or a comparable training course that
18is approved by the department or the
department of education educational approval
19board. This subdivision does not apply to an applicant who held, or who was an agent
20appointed and approved under sub. (6) of a corporation or limited liability company
21that held, within the past 2 years, a Class "A", "Class A" or "Class C" license or a
22Class "B" or "Class B" license or permit or a manager's or operator's license.
SB77-SSA1,1333,824
125.04
(12) (a)
From place to place. Every alcohol beverage license or permit
25may be transferred to another place or premises within the same municipality. An
1alcohol beverage warehouse permit under s. 125.19, a winery permit under s. 125.53
2or an intoxicating liquor wholesaler's permit under s. 125.54 may be transferred to
3another premises within this state. Transfers shall be made by the issuing authority
4upon payment of a fee of $10. No retail licensee, retail permittee, intoxicating liquor
5wholesaler or holder of a warehouse or winery permit is entitled to more than one
6transfer during the license or permit year.
This paragraph does not apply to a license
7issued under s. 125.51 (4) (v) or to a reserve "Class B" license, as defined in s. 125.51
8(4) (a).
SB77-SSA1,1333,2110
125.10
(1) Authorization. Any A municipality may enact
regulations
11incorporating any part of this chapter and may prescribe additional regulations for
12the sale of a regulation relating to alcohol beverages
not in conflict with only if the
13regulation strictly conforms to this chapter.
The municipality may prescribe
14forfeitures or license suspension or revocation for violations of any such regulations.
15Regulations providing forfeitures or license suspension or revocation must be
16adopted by ordinance No regulation relating to alcohol beverages that is enacted on
17or before the effective date of this subsection .... [revisor inserts date], is valid unless
18the regulation strictly conforms to this chapter. Nothing in this subsection prohibits
19a municipality from continuing to enforce a regulation that is in effect on the effective
20date of this subsection .... [revisor inserts date], and that relates to alcohol beverages,
21if the regulation strictly conforms to this chapter.
SB77-SSA1, s. 2906gm
22Section 2906gm. 125.12 (1) of the statutes is renumbered 125.12 (1) (a) and
23amended to read:
SB77-SSA1,1334,3
1125.12
(1) (a)
Any Except as provided in par. (b), any municipality or the
2department may revoke, suspend or refuse to renew any license or permit under this
3chapter, as provided in this section.
SB77-SSA1,1334,65
125.12
(1) (b) 1. In this paragraph, "violation" means a violation of s. 125.07
6(1) (a), or a local ordinance that strictly conforms to s. 125.07 (1) (a).
SB77-SSA1,1334,117
2. No violation may be considered under this section or s.125.04 (5) (a) 1. unless
8the licensee or permittee has committed another violation within one year preceding
9the violation. If a licensee or permittee has committed 2 or more violations within
10one year, all violations committed within one year of a previous violation may be
11considered under this section or s. 125.04 (5) (a) 1.
SB77-SSA1,1334,2114
125.12
(2) (b) 2. If the licensee appears as required by the summons and denies
15the complaint, both the complainant and the licensee may produce witnesses,
16cross-examine witnesses and be represented by counsel. The licensee shall be
17provided a written transcript of the hearing at his or her expense. If the hearing is
18held before the municipal governing body and the complaint is found to be true, the
19license shall either be suspended for not less than 10 days nor more than 90 days or
20revoked
, except that, if a complaint under par. (ag) 4. is found to be true with respect
21to a license issued under s. 125.51 (4) (v), the license shall be revoked.
SB77-SSA1,1335,1324
125.12
(4) (b)
Procedure on hearing. If the licensee does not appear as required
25by the summons, the allegations of the complaint shall be taken as true and if the
1court finds the allegations sufficient, it shall order the license either suspended for
2not more than 90 days or revoked
, except that, for allegations under par. (ag) 6. with
3respect to a license issued under s. 125.51 (4) (v), it shall order the license revoked.
4The clerk of the court shall give notice of the suspension or revocation to the person
5whose license is suspended or revoked. If the licensee appears and answers the
6complaint, the court shall fix a date for the hearing not more than 30 days after the
7return date of the summons. The hearing shall be had before the court without a jury.
8If upon the hearing the court finds the allegations of the complaint to be true, it shall
9order the license either suspended for not more than 90 days or revoked
, except that,
10if upon the hearing the court finds allegations under par. (ag) 6. to be true with
11respect to a license issued under s. 125.51 (4) (v), the court shall order that license
12revoked. If the court finds the allegations of the complaint to be untrue, the
13complaint shall be dismissed.
SB77-SSA1,1335,2215
125.12
(5) Revocations or suspensions of, or refusals to renew, permits by
16the department. The department may, after notice and an opportunity for hearing,
17revoke, suspend or refuse to renew any retail permit issued by it for the causes
18provided in sub. (4) and any other permit issued by it under this chapter for any
19violation of this chapter or ch. 139
, except that, for a violation of sub. (4) (ag) 6. with
20respect to a license issued under s. 125.51 (4) (v), the department shall revoke the
21license. A revocation, suspension or refusal to renew is a contested case under ch.
22227.
SB77-SSA1, s. 2907
23Section
2907. 125.17 (6) (a) (intro.) of the statutes is amended to read:
SB77-SSA1,1336,524
125.17
(6) (a) (intro.) Except as provided in par. (b), no municipal governing
25body may issue an operator's license unless the applicant has successfully completed
1a responsible beverage server training course at any location that is offered by a
2technical college district and that conforms to curriculum guidelines specified by the
3technical college system board or a comparable training course that is approved by
4the department or the
department of education educational approval board, or
5unless the applicant fulfills one of the following requirements:
SB77-SSA1, s. 2907dd
6Section 2907dd. 125.51 (3) (e) of the statutes is renumbered 125.51 (3) (e) 1.
7and amended to read:
SB77-SSA1,1336,138
125.51
(3) (e) 1.
The Except as provided in subds. 2. and 3., the annual fee for
9a "Class B" license shall be
determined established by the municipal governing body
10and shall be the same for all "Class B" licenses, except that the minimum fee shall
11be $50 and the maximum fee shall be $500. The minimum fee
shall does not apply
12to licenses issued to bona fide clubs and lodges situated and incorporated in the state
13for at least 6 years.
SB77-SSA1, s. 2907dh
14Section 2907dh. 125.51 (3) (e) 2. and 3. of the statutes are created to read:
SB77-SSA1,1336,2215
125.51
(3) (e) 2. Each municipal governing body shall establish the fee, in an
16amount not less than $10,000, for an initial issuance of a reserve "Class B" license,
17as defined in sub. (4) (a) 4., except that the fee for an initial issuance of a reserve
18"Class B" license to a bona fide club or lodge situated and incorporated in the state
19for at least 6 years is the fee established under subd. 1. for such a club or lodge. The
20fee under this subdivision is in addition to any other fee required under this chapter.
21The annual fee for renewal of a reserve "Class B" license, as defined in sub. (4) (a)
221., is the fee established under subd. 1.
SB77-SSA1,1336,2523
3. Each municipal governing body shall establish the annual fee for a "Class
24B" license issued under sub. (4) (v). The initial annual fee may be different from the
25annual fee to renew the license.
SB77-SSA1,1337,43
125.51
(4) (a) 4. "Reserve "Class B" license" means a license that is not issued
4by a municipality on July 1, 1997, and that is counted under par. (br).
SB77-SSA1,1337,76
125.51
(4) (am) No municipality may issue a license that would cause the
7municipality to exceed its quota.
SB77-SSA1,1337,109
125.51
(4) (b) (intro.)
Except as provided in pars. (c) and (d), the The quota of
10each municipality is the
sum of the following:
SB77-SSA1,1337,13
111g. The number of licenses issued in good faith by the municipality
under s.
12176.05 (21) (h), 1975 stats., plus whichever of the following is the largest: and in force
13on July 1, 1997.
SB77-SSA1, s. 2907hp
14Section 2907hp. 125.51 (4) (b) 1., 2., 3., 4. and 5. and (c) to (u) of the statutes
15are repealed.
SB77-SSA1,1337,1817
125.51
(4) (b) 1m. The number of the municipality's reserve "Class B" licenses
18determined under par. (bm) 3.