Amendment ASA1-SB55

SB55-ASA1, s. 2777g Section 2777g. 121.15 (1m) (a) 4. of the statutes is created to read:

SB55-ASA1,929,4 121.15 (1m) (a) 4. Beginning in the 2002-03 school year, from the appropriation under s. 20.255 (2) (ac), annually the state shall pay to school districts an amount determined as follows on the 4th Monday in July of the following school year:

SB55-ASA1,929,6 a. Subtract the amount transferred to the tax relief fund under s. 16. 518 (4) from the amount calculated by the secretary of administration under s. 16.518 (4).

SB55-ASA1,929,7 b. Subtract the remainder under subd. 1. a. from $115,000,000.

SB55-ASA1, s. 2777r Section 2777r. 121.15 (1m) (b) of the statutes is amended to read:

SB55-ASA1,929,13 121.15 (1m) (b) The percentages under subs. (1) (a) and (1g) (a) shall be reduced proportionally to reflect the payments made under par. (a) 3. The percentage for June under subs. (1) (a) and (1g) (a) shall also be reduced to reflect the payment made under par. (a) 4. School districts shall treat the payments made in July under par. (a) as if they had been received in the previous school year.

SB55-ASA1, s. 1383 Section 1383. 121.15 (3m) (a) 1. of the statutes is amended to read:

SB55-ASA1,929,23 121.15 (3m) (a) 1. "Partial school revenues" means the sum of state school aids, other than the amounts appropriated under s. 20.255 (2) (bi) (am) and (cv),; property taxes levied for school districts; and aid paid to school districts under s. 79.095 (4), less the amount of any revenue limit increase under s. 121.91 (4) (a) 2. due to a school board's increasing the services that it provides by adding responsibility for providing a service transferred to it from another school board, less the amount of any revenue limit increase under s. 121.91 (4) (a) 3. and, less the amount of any revenue limit increase under s. 121.91 (4) (h), and less the amount of any property taxes levied for the purpose of s. 120.13 (19).

SB55-ASA1, s. 2779m Section 2779m. 121.15 (3m) (a) 2. of the statutes is amended to read:

SB55-ASA1,930,5 121.15 (3m) (a) 2. "State school aids" means those aids appropriated under s. 20.255 (2), other than s. 20.255 (2) (am), (fm), (fu), (k) and (m), and under ss. 20.275 (1) (d), (es), (et) and (f) and 20.285 (1) (ee), (r) and (rc) and those aids appropriated under s. 20.275 (1) (s) that are used to provide grants or educational telecommunications access to school districts under s. 44.73.

SB55-ASA1, s. 1384 Section 1384. 121.79 (1) (d) (intro.) of the statutes is amended to read:

SB55-ASA1,930,10 121.79 (1) (d) (intro.) For pupils in foster homes, treatment foster homes, or group homes, if the foster home, treatment foster home, or group home is located outside the school district in which the pupil's parent or guardian resides and either of the following applies:

SB55-ASA1, s. 1385 Section 1385. 121.79 (1) (d) 1. of the statutes is repealed.

SB55-ASA1, s. 1386 Section 1386. 121.79 (1) (d) 3. of the statutes is created to read:

SB55-ASA1,930,17 121.79 (1) (d) 3. The pupil is a child with a disability, as defined in s. 115.76 (5), and at least 4% of the pupils enrolled in the school district reside in foster homes, treatment foster homes, or group homes that are not exempt under s. 70.11. Notwithstanding s. 121.83 (1) (d), the annual tuition rate for pupils under this subdivision is the special annual tuition rate only, as described in s. 121.83 (1) (c).

SB55-ASA1, s. 1387 Section 1387. 121.85 (6) (e) of the statutes is amended to read:

SB55-ASA1,930,20 121.85 (6) (e) Sources of aid payments. State aid under this section shall be paid from the appropriations appropriation under s. 20.255 (2) (ac) and (q).

SB55-ASA1, s. 1388 Section 1388. 121.85 (8) of the statutes is amended to read:

SB55-ASA1,931,3 121.85 (8) Transferred pupils. Pupils transferring schools under this section shall be subject to the same rules and regulations as resident pupils and shall have the responsibilities, privileges, and rights of resident pupils in the school district or attendance area. Subject to this subsection, a pupil transferring schools under either sub. (3) (a) or (b) has the right to complete his or her education at the elementary, middle, or high school to which he or she transfers so long as full funding therefor is available under s. 20.255 (2) (ac) and (q).

SB55-ASA1, s. 1389 Section 1389. 121.85 (9) (c) of the statutes is amended to read:

SB55-ASA1,931,8 121.85 (9) (c) The obligation under par. (a) to organize planning councils shall apply only with regard to school terms for which full pupil transfer aids are appropriated under s. 20.255 (2) (ac) and (q) and planning council assistance funds are appropriated under s. 20.255 (1) (a).

SB55-ASA1, s. 1390 Section 1390. 121.905 (1) of the statutes is amended to read:

SB55-ASA1,931,12 121.905 (1) In this section, "revenue ceiling" means $6,300 $6,700 in the 1999-2000 2001-02 school year and in any subsequent school year means $6,500 $6,900.

SB55-ASA1, s. 2789m Section 2789m. 121.905 (3) (a) 1. of the statutes is amended to read:

SB55-ASA1,931,21 121.905 (3) (a) 1. Except as provided under subd. 2., calculate 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 s. 121.91 (4) (c), and the costs of the county children with disabilities 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 children with disabilities education board in the previous school year.

SB55-ASA1, s. 2791m Section 2791m. 121.91 (2m) (e) 1. of the statutes is amended to read:

SB55-ASA1,932,2 121.91 (2m) (e) 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.

SB55-ASA1, s. 1391 Section 1391. 121.91 (3) (a) of the statutes is amended to read:

SB55-ASA1,932,22 121.91 (3) (a) If a school board wishes to exceed the limit under sub. (2m) otherwise applicable to the school district in any school year, it shall promptly adopt a resolution supporting inclusion in the final school district budget of an amount equal to the proposed excess revenue. The resolution shall specify whether the proposed excess revenue is for a recurring or nonrecurring purpose, or, if the proposed excess revenue is for both recurring and nonrecurring purposes, the amount of the proposed excess revenue for each purpose. The resolution shall be filed as provided in s. 8.37. Within 10 days after adopting the resolution, the school board shall notify the department of the scheduled date of the referendum and submit a copy of the resolution to the department. The school board shall call a special referendum for the purpose of submitting the resolution to the electors of the school district for approval or rejection. In lieu of a special referendum, the school board may specify that the referendum be held at the next succeeding spring primary or election or September primary or general election, if such election is to be held not sooner than 42 days after the filing of the resolution of the school board, or at a special election held on the Tuesday after the first Monday in November in an odd-numbered year if that date occurs not earlier than 42 days after the filing of the resolution of the school board. The school district clerk shall certify the results of the referendum to the department within 10 days after the referendum is held.

SB55-ASA1, s. 1392 Section 1392. 121.91 (4) (dg) of the statutes is created to read:

SB55-ASA1,933,4 121.91 (4) (dg) Notwithstanding par. (d), if a school district's revenue in the preceding school year was less than the limit under sub. (2m) in the preceding school year, the school district received an increase in aid under s. 121.15 (4) (b) in the current school year, and the increase in aid was less than the amount determined under subd. 2., the limit otherwise applicable to the school district's revenue in the current school year under sub. (2m) is increased by an amount determined as follows:

SB55-ASA1,933,5 1. Determine the increase in aid under s. 121.15 (4) (b).

SB55-ASA1,933,7 2. Subtract the school district's revenue in the preceding school year from the school district's limit under sub. (2m) in the preceding school year.

SB55-ASA1,933,9 3. Subtract from subd. 2. the amount determined under subd. 1. and multiply the remainder by 0.75.

SB55-ASA1,933,10 4. Add the results under subds. 1. and 3.

SB55-ASA1, s. 1393 Section 1393. 121.91 (4) (dr) of the statutes is created to read:

SB55-ASA1,933,19 121.91 (4) (dr) Notwithstanding par. (d), if a school district's revenue in the preceding school year was less than the limit under sub. (2m) in the preceding school year, the school district received an increase in aid under s. 121.15 (4) (b) in the current school year, and the increase in aid was equal to or greater than the amount determined under par. (dg) 2., the limit otherwise applicable to the school district's revenue in the current school year under sub. (2m) is increased by 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. (2m).

SB55-ASA1, s. 2798f Section 2798f. 121.91 (4) (i) of the statutes is created to read:

SB55-ASA1,933,23 121.91 (4) (i) The limit otherwise applicable to a school district under sub. (2m) in any school year is increased by an amount equal to the amount of property taxes levied for the purpose of s. 120.13 (19) for that school year.

SB55-ASA1, s. 1394 Section 1394. 121.92 (2) (c) of the statutes is amended to read:

SB55-ASA1,934,8 121.92 (2) (c) If the amount of the deductions under pars. (a) and (b) is insufficient to cover the excess revenue, order the school board to reduce the property tax obligations of its taxpayers by an amount that represents the remainder of the excess revenue. The school district's refunds to taxpayers who have already paid their taxes shall be increased by interest at the rate of 0.5% per month. If the school board violates the order, any resident of the school district may seek injunctive relief. This paragraph does not apply to property taxes levied for the purpose of paying the principal and interest on valid bonds or notes issued by the school board.

SB55-ASA1, s. 1395 Section 1395. 125.04 (12) (c) of the statutes is created to read:

SB55-ASA1,934,14 125.04 (12) (c) Retail license or permit for the same premises. No municipality may issue a Class "A," "Class A," Class "B," "Class B," or "Class C" license, and the department may not issue a Class "B" or "Class B" permit, to an applicant if the premises described in the application for a license or permit is already covered by a current license or permit of the same kind unless all of the following apply:

SB55-ASA1,934,19 1. The applicant provides proof to the municipality or department that, not less than 15 days nor more than 30 days before submitting the application, the current licensee or permittee for the premises has provided to the applicant the name and address of each fermented malt beverages wholesaler to whom the current licensee or permittee is indebted.

SB55-ASA1,934,25 2. The applicant provides proof to the municipality or department that, not less than 15 days nor more than 30 days before submitting the application, the applicant has notified each wholesaler identified under subd. 1. of the address and current name of the premises for which the license or permit application is made, of the name and address of the current licensee or permittee, and that the applicant is applying for a license or permit for the premises.

SB55-ASA1,935,2 3. The current licensee or permittee is not in violation of s. 125.33 (7) or 125.69 (4) unless the violation consists of an indebtedness discharged in bankruptcy.

SB55-ASA1,935,4 4. The current licensee or permittee is not the subject of any proceeding under s. 125.12.

SB55-ASA1, s. 1396 Section 1396. 125.06 (8) of the statutes is amended to read:

SB55-ASA1,935,14 125.06 (8) Sale by secured party. The sale of alcohol beverages by a secured party in good faith under the terms of a security agreement, if the sale is not for the purpose of avoiding this chapter or ch. 139. The sale must be in the ordinary course of the business of lending money secured by a security interest in alcohol beverages or warehouse receipts or other evidence of ownership. A sale of fermented malt beverages must be made within 15 days after the secured party takes possession of the fermented malt beverages unless the secured party demonstrates good cause why a sale in compliance with s. 409.504 or the security agreement cannot be made within this time period.

SB55-ASA1, s. 1397 Section 1397. 125.145 of the statutes is amended to read:

SB55-ASA1,935,20 125.145 Prosecutions by attorney general. Upon request by the secretary of revenue, the attorney general may represent this state or assist a district attorney in prosecuting any case arising under this chapter. Notwithstanding s. 971.19 (6), upon request by the secretary of revenue, the attorney general may commence any action to enforce s. 125.30 (1) in the circuit court for Dane County.

SB55-ASA1, s. 1398 Section 1398. 125.17 (6) (a) (intro.) of the statutes is amended to read:

SB55-ASA1,936,4 125.17 (6) (a) (intro.) Except as provided in par. (b), no municipal governing body may issue an operator's license unless the applicant has successfully completed 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 , which may include computer-based training and testing, that is approved by the department or the educational approval board, or unless the applicant fulfills one of the following requirements:

SB55-ASA1, s. 1399 Section 1399. 125.30 (6) of the statutes is created to read:

SB55-ASA1,936,12 125.30 (6) Notwithstanding s. 125.11, the department shall issue a written warning to any person located outside this state who sells or ships fermented malt beverages into this state in violation of sub. (1) if the person has not previously received a warning under this section. Any person located outside this state who sells or ships fermented malt beverages into this state in violation of sub. (1) and who has been previously issued a written warning under this subsection shall be fined not more than $10,000 or imprisoned for not more than 2 years or both.

SB55-ASA1, s. 1400 Section 1400. 125.33 (2) (a) of the statutes is amended to read:

SB55-ASA1,936,22 125.33 (2) (a) Give to any campus or Class "B" licensee or permittee, at any given time, for placement inside the premises, signs, clocks, or menu boards with an aggregate value of not more than $150 $2,500. If a gift of any item would cause the $150 $2,500 limit to be exceeded, the recipient shall pay the brewer or wholesaler the amount of the item's value in excess of $150 $2,500. Each recipient shall keep an invoice or credit memo containing the name of the donor and the number and value of items received under this paragraph. The value of an item is its cost to the donor. Each recipient shall make the records kept under this paragraph available to the department for inspection upon request.

SB55-ASA1, s. 1401 Section 1401. 125.33 (2) (b) 2. of the statutes is amended to read:

SB55-ASA1,937,3 125.33 (2) (b) 2. Signs made from paper or, cardboard, plastic, vinyl, or other like material for placement inside the premises, not withstanding the aggregate value limitation of par. (a).

SB55-ASA1, s. 1402 Section 1402. 125.33 (2) (L) of the statutes is renumbered 125.33 (2) (L) 1.

SB55-ASA1, s. 1403 Section 1403. 125.33 (2) (L) 2. of the statutes is created to read:

SB55-ASA1,937,14 125.33 (2) (L) 2. Purchase advertising from a person who does not hold a license under this chapter and who conducts national or regional sweepstakes, contests, or promotions on the premises of Class "B" licensees or permittees that sell the brewer's or wholesaler's products. The person may promote an event or activity in connection with a sweepstakes, contest, or promotion, including promoting the location of the event or activity, if the Class "B" licensee or permittee on whose premises the event or activity will occur does not receive money for hosting the event or activity and, except as provided in subd. 4., if the advertising for the event or activity identifies at least 4 unaffiliated Class "B" licensees or permittees.

SB55-ASA1, s. 1404 Section 1404. 125.33 (2) (L) 3. of the statutes is created to read:

SB55-ASA1,937,23 125.33 (2) (L) 3. Conduct national or regional sweepstakes, contests, or promotions on the premises of Class "B" licensees or permittees that sell the brewer's or wholesaler's products. The brewer or wholesaler may promote an event or activity in connection with a sweepstakes, contest, or promotion, including promoting the location of the event or activity, if the Class "B" licensee or permittee on whose premises the event or activity will occur does not receive money for hosting the event or activity and, except as provided in subd. 4., if the advertising for the event or activity identifies at least 4 unaffiliated Class "B" licensees or permittees.

SB55-ASA1, s. 2810m Section 2810m. 125.33 (2) (L) 4. of the statutes is created to read:

SB55-ASA1,938,4 125.33 (2) (L) 4. A brewer that manufactures less than 30,000 barrels of fermented malt beverages annually may purchase advertising under subd. 2, and may promote sweepstakes, contests, or promotions through advertising under subd. 3., if the advertising identifies at least one Class "B" licensee or permittee.

SB55-ASA1, s. 1405 Section 1405. 125.33 (2) (n) 2. of the statutes is amended to read:

SB55-ASA1,938,10 125.33 (2) (n) 2. Notwithstanding subd. 1., no brewer or wholesaler may provide business entertainment to a Class "B" licensee or permittee under subd. 1. in one day that has a value exceeding $75 $500, and no brewer or wholesaler may provide business entertainment to a Class "B" licensee or permittee under subd. 1. on more than 8 days in any calendar year.

SB55-ASA1, s. 1406 Section 1406. 125.33 (2s) of the statutes is amended to read:

SB55-ASA1,938,16 125.33 (2s) Exception for retail trade association contributions. Notwithstanding the prohibitions in sub. (1), a brewer that produces 350,000 or more barrels of fermented malt beverages annually or wholesaler may contribute money or other things of value to a bona fide national or, statewide, or local trade association which derives its principle income from membership dues of Class "B" licensees.

SB55-ASA1, s. 2812m Section 2812m. 125.33 (7m) of the statutes is created to read:

SB55-ASA1,938,22 125.33 (7m) Conditional purchases. No Class "A" or Class "B" licensee may condition the purchase of fermented malt beverages from a brewer or wholesaler upon the furnishing by the brewer or wholesaler of any thing of value, other than the products purchased, to the licensee or to any person for the use, benefit, or relief of the licensee.

SB55-ASA1, s. 2812s Section 2812s. 125.35 of the statutes is created to read:

SB55-ASA1,938,25 125.35 Fermented malt beverage dealerships. (1) Definitions. In this section, unless otherwise qualified:

SB55-ASA1,939,1 (a) "Dealer" has the meaning given in s. 135.02 (2).

SB55-ASA1,939,2 (b) "Dealership" has the meaning given in s. 135.02 (3).

SB55-ASA1,939,3 (c) "Grantor" has the meaning given in s. 135.02 (5).

SB55-ASA1,939,4 (d) "Person" has the meaning given in s. 135.02 (6).

SB55-ASA1,939,10 (2) Compensation of prior dealer. Notwithstanding s. 135.03, and except as provided in sub. (3), any person who assumes, in whole or in part, a dealership described in s. 135.02 (3) (c) following the grantor's termination, cancellation, or nonrenewal in whole or in part of a prior dealership agreement shall compensate the prior dealer for the fair market value of that portion of the dealership assumed unless the grantor terminated, canceled, or failed to renew for any of the following reasons:

SB55-ASA1,939,13 (a) The prior dealer engaged in material fraudulent conduct or made material and substantial misrepresentations in its dealings with the grantor or with others related to the dealership.

SB55-ASA1,939,15 (b) The prior dealer was convicted of, or pleaded no contest to, a felony crime substantially related to the dealer's ability to operate the dealership.

SB55-ASA1,939,17 (c) The prior dealer knowingly distributed dealership products outside the territory authorized by the grantor.

SB55-ASA1,939,22 (3) Termination by prior dealer. A prior dealer is not entitled to compensation under sub. (2) if, before any termination, cancellation, or nonrenewal by the grantor or assumption by another dealer of any dealership specified in sub. (2), the prior dealer terminated business relations with the grantor by means of any of the following:

SB55-ASA1,939,23 (a) Death, retirement, or dissolution of the prior dealer.

SB55-ASA1,939,25 (b) Failure of the prior dealer to engage in the operation of the dealership business, including sale of the dealership business.

SB55-ASA1,940,2 (c) Failure of the prior dealer to order goods from the grantor within the previous 30 days.

SB55-ASA1,940,16 (4) Binding arbitration. The grantor shall advise the person assuming the dealership of the person's obligations under sub. (2) prior to the person's assumption of the dealership. If the person assuming a dealership under sub. (2) and the prior dealer agree in writing to the fair market value of that portion of the dealership assumed, the person assuming the dealership shall pay the agreed upon sum to the prior dealer within 30 days of the date on which the parties reached the agreement. If no written agreement for compensation of the prior dealer is reached within 30 days after the grantor's termination, cancellation, or nonrenewal of the prior dealership agreement, the prior dealer may submit the dispute for binding arbitration, subject to ch. 788, through a nationally recognized arbitration association. Unless the parties agree otherwise, the arbitration shall be conducted on an expedited basis to the extent an expedited proceeding is reasonably available through the arbitration association, and each party shall pay an equal share of the cost of the arbitration.

SB55-ASA1, s. 2814g Section 2814g. 134.66 (3) (title) of the statutes is repealed and recreated to read:

SB55-ASA1,940,19 134.66 (3) (title) Defenses.