Amendment ASA1-AB100

AB100-ASA1, s. 1898s Section 1898s. 121.08 (4) (a) 3. of the statutes is repealed.

AB100-ASA1, s. 1899 Section 1899. 121.08 (4) (b) of the statutes is amended to read:

AB100-ASA1,770,4 121.08 (4) (b) The amount of state aid that the school district operating under ch. 119 is eligible to be paid from the appropriations appropriation under s. 20.255 (2) (ac) and (r) shall also be reduced by 45% of the amounts paid under s. 119.23 (4) and (4m) in the current school year.

AB100-ASA1, s. 1899d Section 1899d. 121.08 (4) (c) of the statutes is created to read:

AB100-ASA1,770,12 121.08 (4) (c) The amount of state aid that a school district is eligible to be paid from the appropriation under s. 20.255 (2) (ac) shall also be reduced by an amount equal to the amount paid to the Second Chance Partnership under s. 115.28 (54) for pupils enrolled in the school district. The department shall ensure that the amount of the aid reduction lapses to the general fund and that it does not affect the amount determined to be received by a school district as state aid under this section for any other purpose.

AB100-ASA1, s. 1899m Section 1899m. 121.08 (4) (d) of the statutes is amended to read:

AB100-ASA1,770,17 121.08 (4) (d) The state superintendent shall ensure that the total amount of aid reduction under pars. (a) and (b) lapses to the general fund and that the aid reduction under par. (a) does not affect the amount determined to be received by a school district under this section for any other purpose.

AB100-ASA1, s. 1906 Section 1906. 121.58 (2) (a) of the statutes is renumbered 121.58 (2) (a) (intro.) and amended to read:

AB100-ASA1,770,24 121.58 (2) (a) (intro.) A school district which provides transportation to and from a school under ss. 121.54 (1) to (3), (5) and (6) and 121.57, and the nonresident school district that a pupil attends under s. 118.51 or 121.84 (4) which elects to provide transportation under s. 121.54 (10), shall be paid state aid for such transportation at the rate of $30 per school year per following rates:

AB100-ASA1,771,3 1. For each pupil so transported whose residence is at least 2 miles and not more than 5 miles from the school attended, $45 per school year per $30 per school year in the 2005-06 school year and $35 per school year thereafter.

AB100-ASA1,771,6 2. For each pupil so transported whose residence is at least more than 5 miles and not more than 8 miles from the school attended, $60 per school year per $45 per school year in the 2005-06 school year and $55 per school year thereafter.

AB100-ASA1,771,9 3. For each pupil so transported whose residence is at least more than 8 miles and not more than 12 miles from the school attended, $68 per school year per $82 per school year in the 2005 school year and $110 per school year thereafter.

AB100-ASA1,771,15 4. For each pupil so transported whose residence is at least 12 miles and not more than 15 12 miles from the school attended, $75 per school year per pupil so transported whose residence is at least 15 miles and not more than 18 miles from the school attended, and $85 per school year per pupil so transported whose residence is more than 18 miles from the school attended. Such state $150 per school year in the 2005-06 school year and $180 per school year thereafter.

AB100-ASA1,771,22 (am) State aid under par. (a) shall be reduced proportionately in the case of a pupil transported for less than a full school year because of nonenrollment. State aid for transportation shall not exceed the actual cost thereof. No state aid of any kind may be paid to a school district which charges the pupil transported or his or her parent or guardian any part of the cost of transportation provided under ss. 121.54 (1) to (3), (5), (6) and (10) and 121.57 or which willfully or negligently fails to transport all pupils for whom transportation is required under s. 121.54.

AB100-ASA1, s. 1907 Section 1907. 121.58 (2) (b) of the statutes is amended to read:

AB100-ASA1,772,4 121.58 (2) (b) A school board that provides transportation under s. 121.54 (2) (am) shall be paid state aid for such transportation at the rates specified and according to the conditions established under par. pars. (a) and (am), except that the amount of state aid may not exceed the amount which the school district would receive for transporting the child between the child's residence and school attended under s. 121.54 (1) to (3), (5), (6) or (9) or 121.57.

AB100-ASA1, s. 1908 Section 1908. 121.58 (2) (c) of the statutes is amended to read:

AB100-ASA1,772,12 121.58 (2) (c) A school district which provides transportation to and from a school under s. 121.54 (9) shall be paid state aid for such transportation at the rate of $12 per school year per pupil so transported in the 2005-06 school year and $15 per school year per pupil so transported thereafter. Such state aid shall be reduced proportionately in the case of a pupil transported for less than a full year because of nonenrollment. State aid for such transportation shall not exceed the actual cost thereof.

AB100-ASA1, s. 1909m Section 1909m. 121.85 (6) (am) 5. of the statutes is amended to read:

AB100-ASA1,772,16 121.85 (6) (am) 5. In the 2004-05 school year and each school year thereafter, the number of pupils whose parents or guardians have not provided the board of school directors with written consent to a pupil transfer to another attendance area.

AB100-ASA1, s. 1909r Section 1909r. 121.85 (6) (am) 6. of the statutes is created to read:

AB100-ASA1,772,18 121.85 (6) (am) 6. In the 2005-06 school year and in each school year thereafter:

AB100-ASA1,772,21 a. Subtract from 95% the percentage of pupils whose parents or guardians have provided the board of school directors with written consent to a pupil transfer to another attendance area.

AB100-ASA1,772,23 b. Multiply the result under subd. 6. a. by the total number of transfer pupils under par. (a) in the current school year.

AB100-ASA1, s. 1912m Section 1912m. 121.90 (1) (f) of the statutes is created to read:

AB100-ASA1,773,5 121.90 (1) (f) In determining a school district's revenue limit for the 2005-06 school year or for any school year thereafter, the department shall include in the number of pupils enrolled in each school year prior to the 2005-06 school year all pupils attending charter schools under s. 118.40 (2r) that are located in the school district.

AB100-ASA1, s. 1913 Section 1913. 121.905 (1) of the statutes is amended to read:

AB100-ASA1,773,9 121.905 (1) In this section, "revenue ceiling" means $6,900, except that "revenue ceiling" means $7,400 $8,100 in the 2003-04 2005-06 school year and $7,800 $8,400 in any subsequent school year.

AB100-ASA1, s. 1915 Section 1915. 121.91 (2m) (e) (intro.) of the statutes is amended to read:

AB100-ASA1,773,14 121.91 (2m) (e) (intro.) Except as provided in subs. (3) and (4), no school district may increase its revenues for the 1999-2000, 2000-01, 2001-02, 2002-03, 2003-04, or 2004-05 school year or for any school year thereafter to an amount that exceeds the amount calculated as follows:

AB100-ASA1, s. 1915d Section 1915d. 121.91 (2m) (f) of the statutes is created to read:

AB100-ASA1,773,18 121.91 (2m) (f) Except as provided in subs. (3) and (4), no school district may increase its revenues for the 2005-06 school year to an amount that exceeds the amount calculated as follows:

AB100-ASA1,773,22 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.

AB100-ASA1,773,23 2. Add $120 to the result under subd. 1.

AB100-ASA1,773,25 3. Multiply the result under subd. 2. by the average of the number of pupils enrolled in the current and the 2 preceding school years.

AB100-ASA1, s. 1915e Section 1915e. 121.91 (2m) (g) of the statutes is created to read:

AB100-ASA1,774,4 121.91 (2m) (g) Except as provided in subs. (3) and (4), no school district may increase its revenues for the 2006-07 school year or for any school year thereafter to an amount that exceeds the amount calculated as follows:

AB100-ASA1,774,8 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.

AB100-ASA1,774,9 2. Add $100 to the result under subd. 2.

AB100-ASA1,774,11 3. Multiply the result under subd. 2. by the average of the number of pupils enrolled in the current and the 2 preceding school years.

AB100-ASA1, s. 1915f Section 1915f. 121.91 (2m) (r) 1. (intro.) of the statutes is amended to read:

AB100-ASA1,774,16 121.91 (2m) (r) 1. (intro.) Notwithstanding pars. (c), (d) and (e) to (g), if a school district is created under s. 117.105, its revenue limit under this section for the school year beginning with the effective date of the reorganization shall be determined as follows except as provided under subs. (3) and (4):

AB100-ASA1, s. 1915g Section 1915g. 121.91 (2m) (r) 1. b. of the statutes is amended to read:

AB100-ASA1,774,23 121.91 (2m) (r) 1. b. Add an amount equal to the amount of revenue increase per pupil allowed under this subsection for the previous school year multiplied by the sum of 1.0 plus the allowable rate of increase under s. 73.0305 expressed as a decimal $120 to the result under subd. 1. a. to compute the limit for the 2005-06 school year, and add $100 to the result under subd. 1. a. to compute the limit for any school year thereafter.

AB100-ASA1, s. 1915h Section 1915h. 121.91 (2m) (r) 2. of the statutes is amended to read:

AB100-ASA1,775,3 121.91 (2m) (r) 2. If a school district is created under s. 117.105, the following adjustments to the calculations under pars. (c), (d) and (e) to (g) apply for the 2 school years beginning on the July 1 following the effective date of the reorganization:

AB100-ASA1,775,11 a. For the school year beginning on the first July 1 following the effective date of the reorganization the number of pupils in the previous school year shall be used under pars. (c) 1., (d) 1. and, (e) 1., (f) 1., and (g) 1. instead of the average of the number of pupils in the 3 previous school years, and for the school year beginning on the 2nd July 1 following the effective date of the reorganization the average of the number of pupils in the 2 previous school years shall be used under pars. (c) 1., (d) 1. and, (e) 1., (f) 1., and (g) 1. instead of the average of the number of pupils in the 3 previous school years.

AB100-ASA1,775,16 b. For the school year beginning on the first July 1 following the effective date of the reorganization the average of the number of pupils in the current and the previous school years shall be used under pars. (c) 4., (d) 4. and, (e) 3. 4., (f) 3., and (g) 3. instead of the average of the number of pupils in the current and the 2 preceding school years.

AB100-ASA1, s. 1916 Section 1916. 121.91 (4) (d) of the statutes is amended to read:

AB100-ASA1,775,23 121.91 (4) (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 limit otherwise applicable to the school district's revenue in the current school year under sub. (2m) is increased by an amount equal to 75% 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. (2m).

AB100-ASA1, s. 1917 Section 1917. 121.91 (4) (dg) of the statutes is repealed.

AB100-ASA1, s. 1918 Section 1918. 121.91 (4) (dr) of the statutes is repealed.

AB100-ASA1, s. 1919 Section 1919. 121.91 (4) (f) 1. of the statutes is amended to read:

AB100-ASA1,776,7 121.91 (4) (f) 1. For the 1999-2000 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 is less than the average of the number of pupils enrolled in the 3 previous school years, the limit otherwise applicable under sub. (2m) (e), (f), or (g) is increased by the additional amount that would have been calculated had the decline in average enrollment been 25% of what it was.

AB100-ASA1, s. 1919d Section 1919d. 121.91 (4) (f) 2. of the statutes is amended to read:

AB100-ASA1,776,11 121.91 (4) (f) 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) (e), (f), or (g) for the following school year.

AB100-ASA1, s. 1921 Section 1921. 125.12 (6) of the statutes is created to read:

AB100-ASA1,776,21 125.12 (6) Revocation or suspension of intoxicating liquor wholesalers' permits for certain violations. (a) Any person may file a sworn written complaint with the department alleging that an intoxicating liquor wholesaler has violated s. 125.54 (7) (a). The complaint shall identify the specific legal basis for the complaint and sufficient facts for the department to determine whether there is cause to find that a violation has occurred. The department shall provide a copy of the complaint to any wholesaler against whom allegations are made, along with notice of the time period under par. (b) to show cause why the wholesaler's permit should not be revoked or suspended or to request a hearing.

AB100-ASA1,776,24 (b) Within 30 days of receiving a copy of the complaint under par. (a), any wholesaler against whom allegations are made may file a sworn written response or a written request for an evidentiary hearing before the department under s. 227.44.

AB100-ASA1,777,9 (c) Subject to pars. (d) 1. and (dm), if no request for an evidentiary hearing is made under par. (b), within 60 days of receiving any response under par. (b) or, if no response is made, within 60 days of the date on which a response or request for hearing is due under par. (b), the department shall make a written decision as to whether a violation has occurred and either dismiss the complaint or take action under par. (e). Any decision under this paragraph shall include findings of fact and conclusions of law and shall state all reasons for the decision. The department shall provide a copy of the decision to the complainant and to any wholesaler against whom allegations are made.

AB100-ASA1,777,17 (cm) Subject to pars. (d) 2. and (dm), if a request for an evidentiary hearing is made under par. (b), the hearing shall be conducted in the manner specified for a contested case under ss. 227.44 to 227.50, except that the hearing shall be conducted within 45 days of receiving the request for hearing under par. (b) and the department shall make its written decision, including whether a violation has occurred and whether the complaint is dismissed or action is taken under par. (e), within 15 days after the hearing. In addition to service of the decision as provided under s. 227.48, the department shall provide a copy of the decision to the complainant.

AB100-ASA1,777,23 (d) 1. If no request for an evidentiary hearing is made under par. (b), within 60 days of receiving any response under par. (b) or, if no response is made, within 60 days of the date on which a response or request for hearing is due under par. (b), the department may extend the time period for making a decision under par. (c) by an additional 60 days if the department provides notice within the time period specified in par. (c) that an additional 60 days is necessary for investigation.

AB100-ASA1,778,3 2. If a request for an evidentiary hearing is made under par. (b), within 45 days of receiving the request for hearing under par. (b), the department may extend the time period for conducting the hearing by an additional 45 days if the department provides notice within 45 days of receiving the request for hearing under par. (b) that an additional 45 days is necessary for investigation.

AB100-ASA1,778,12 (dm) Within 45 days of receiving any response or request for hearing under par. (b) or, if no response or request for hearing is made, within 45 days of the date on which a response or request for hearing is due under par. (b), the department may elect to file a complaint in circuit court under sub. (4) that includes all allegations of the complaint under par. (a) for which the department determines there is cause to find that a violation of s. 125.54 (7) (a) has occurred. If the department files a complaint in circuit court as provided under this paragraph, the department shall not conduct a hearing under par. (cm) or make a written decision under par. (c), but shall proceed with the matter as provided under sub. (4).

AB100-ASA1,778,16 (e) If the department finds the allegations under par. (a) true and sufficient, the department shall either suspend for not less than 10 days nor more than 90 days or revoke the wholesaler's permit, and give notice of the suspension or revocation to the wholesaler.

AB100-ASA1,778,19 (f) A revocation or suspension proceeding under this subsection is a contested case under ch. 227, except that ss. 227.44 to 227.50 apply to a proceeding under this subsection only if a request for an evidentiary hearing is made under par. (b).

AB100-ASA1, s. 1922 Section 1922. 125.145 of the statutes is amended to read:

AB100-ASA1,778,25 125.145 Prosecutions by attorney general or department. 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. The department may represent this state in prosecuting any violation of s. 125.54 (7) (a) or (b) and shall bring any such action in the circuit court for Dane County.

AB100-ASA1, s. 1923 Section 1923. 125.15 of the statutes is created to read:

AB100-ASA1,779,6 125.15 Actions against intoxicating liquor wholesalers. (1) An intoxicating liquor wholesaler, intoxicating liquor retail licensee or permittee, or intoxicating liquor trade association that makes a written complaint to the department under s. 125.12 (6) of a violation of s. 125.54 (7) (a) may bring an action to enforce the provisions of s. 125.54 (7) if any of the following apply:

AB100-ASA1,779,8 (a) The department has not rendered a decision within the time periods specified in s. 125.12 (6) (c) to (d).

AB100-ASA1,779,12 (b) The department has rendered a decision under s. 125.12 (6) in which the department has determined that a violation has occurred but no action has been brought in circuit court by the department, attorney general, or a district attorney to prosecute the violation.

AB100-ASA1,779,16 (2) An intoxicating liquor wholesaler, intoxicating liquor retail licensee or permittee, or intoxicating liquor trade association that brings an action under sub. (1) shall be entitled to recover reasonable attorney fees if found to be the prevailing party.

AB100-ASA1, s. 1924 Section 1924. 125.54 (7) of the statutes is created to read:

AB100-ASA1,779,23 125.54 (7) Bona fide wholesalers. (a) 1. The premises described in a permit issued under this section shall be capable of warehousing intoxicating liquor. Any intoxicating liquor sold by the permittee shall be physically unloaded at the premises described in the permit, or at any warehouse premises for which the permittee under this section also holds a permit issued under s. 125.19, prior to being delivered to a retail licensee or permittee or to another wholesaler.

AB100-ASA1,780,5 2. A permittee under this section shall annually sell and deliver intoxicating liquor to at least 10 retail licensees or permittees that do not have any direct or indirect interest in each other or in the permittee under this section. The department shall not issue a permit under this section unless the applicant represents to the department an intention to satisfy this requirement, and shall not renew a permit issued under this section unless the permittee demonstrates that this requirement has been satisfied.

AB100-ASA1,780,8 (b) No intoxicating liquor retail licensee or permittee may receive a benefit from a violation under par. (a) with knowledge of the circumstances giving rise to the violation.

AB100-ASA1,780,13 (c) 1. A wholesaler who violates this subsection shall be fined not more than $10,000. In addition, a court shall order the wholesaler to forfeit an amount equal to any profit gained by the wholesaler or by a retail licensee or permittee that violates par. (b), or by both, resulting from the violation, and the court shall further order that the wholesaler's permit be revoked.

AB100-ASA1,780,17 2. A court shall order a retail licensee or permittee who violates this subsection to forfeit an amount equal to any profit gained by the retail licensee or permittee resulting from the violation, and the court shall further order that the retail license or permit be revoked.

AB100-ASA1,780,20 3. This paragraph shall not affect the authority of any municipality or the department to revoke, suspend, or refuse to renew or issue a license or permit under s. 125.12.

AB100-ASA1,781,4 (d) The department shall promulgate rules to administer and enforce the requirements under this subsection. The rules shall ensure coordination between the department's issuance and renewal of permits under this section and its enforcement of the requirements of this subsection, and shall require that all applications for issuance or renewal of permits under this section be processed by department personnel generally familiar with activities of intoxicating liquor wholesalers. The department shall establish by rule minimum requirements for warehouse facilities on premises described in permits issued under this section and for periodic site inspections by the department of such warehouse facilities.

AB100-ASA1, s. 1924m Section 1924m. 125.68 (10) (bs) of the statutes is amended to read:

AB100-ASA1,781,7 125.68 (10) (bs) No individual may resell wine received under par. (bm) or receive more than 9 27 liters of wine annually under par. (bm).

AB100-ASA1, s. 1930 Section 1930. 134.66 (1) (a) of the statutes is amended to read:

AB100-ASA1,781,9 134.66 (1) (a) "Cigarette" has the meaning given in s. 139.30 (1) (1m).

AB100-ASA1, s. 1931 Section 1931. 134.66 (1) (am) of the statutes is created to read:

AB100-ASA1,781,11 134.66 (1) (am) "Direct marketer" has the meaning given in s. 139.30 (2n).

AB100-ASA1, s. 1932 Section 1932. 134.66 (2) (a) of the statutes is amended to read:

AB100-ASA1,781,21 134.66 (2) (a) No retailer, direct marketer, manufacturer, distributor, jobber or subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may sell or provide for nominal or no consideration cigarettes or tobacco products to any person under the age of 18, except as provided in s. 254.92 (2) (a). A vending machine operator is not liable under this paragraph for the purchase of cigarettes or tobacco products from his or her vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase.