SB40-CSA1,1122,2 21(2) (a) In the 2009-10 school year and annually thereafter, the department
22shall pay additional state aid to a school district if at least 50 percent of the district's
23enrollment on the 3rd Friday of September in the immediately preceding
24even-numbered year, as rounded to the nearest whole percentage point, was eligible

1for a free or reduced-price lunch in the federal school lunch program under 42 USC
21758
(b).
SB40-CSA1,1122,43 (b) Except as provided in par. (c), the amount paid to each eligible school district
4in the 2009-10 school year and annually thereafter shall be determined as follows:
SB40-CSA1,1122,65 1. Divide the amount appropriated under s. 20.255 (2) (bb) by the total number
6of pupils enrolled in all eligible school districts.
SB40-CSA1,1122,97 2. Increase the amount determined under subd. 1. by the percentage increase
8in the total amount appropriated under s. 20.255 (2) (ac) between the previous school
9year and the current school year, but not less than zero.
SB40-CSA1,1122,1310 3. Increase the amount determined under subd. 2. by the percentage increase
11in this state's aggregate personal income between the calendar year beginning in the
122nd previous school year and the calendar year beginning in the previous school year,
13but not less than zero.
SB40-CSA1,1122,1514 4. Multiply the amount determined under subd. 3. by the school district's
15enrollment on the 3rd Friday of September in the current school year.
SB40-CSA1,1122,1916 (c) 1. Beginning in the 2009-10 school year, an eligible school district may not
17receive under par. (b) less than the amount determined by increasing the amount
18received under this section in the previous school year by the percentage increases
19specified in par. (b) 2. and 3.
SB40-CSA1,1122,2220 2. Notwithstanding subd. 1., if in any fiscal year the amount appropriated
21under s. 20.255 (2) (bb) is insufficient to fully fund aid payments under this
22subsection, the department shall prorate payments to eligible school districts.
SB40-CSA1, s. 2748 23Section 2748. 121.58 (2) (a) 4. of the statutes is amended to read:
SB40-CSA1,1123,3
1121.58 (2) (a) 4. For each pupil so transported whose residence is more than
212 miles from the school attended, $150 $180 per school year in the 2005-06 2006-07
3school year and $180 $220 per school year thereafter.
SB40-CSA1, s. 2748m 4Section 2748m. 121.58 (2) (d) of the statutes is created to read:
SB40-CSA1,1123,115 121.58 (2) (d) In addition to any other payments made under this section, the
6department shall allocate $35,000 annually to reimburse school districts for 75
7percent of the costs incurred to transport pupils over ice from their residence on an
8island to school on the mainland and back to their residence on the island, including
9the costs of maintaining and storing equipment. If in any school year the amount to
10which school districts are entitled under this paragraph exceeds $35,000, the
11department shall prorate the payments among the eligible school districts.
SB40-CSA1, s. 2749q 12Section 2749q. 121.90 (2) (intro.) of the statutes is amended to read:
SB40-CSA1,1123,1713 121.90 (2) (intro.) "State aid" means aid under ss. 121.08, 121.09 and, 121.105,
14and 121.136
and subch. VI, as calculated for the current school year on October 15
15under s. 121.15 (4) and including adjustments made under s. 121.15 (4), and amounts
16under s. 79.095 (4) for the current school year, except that "state aid" excludes all of
17the following:
SB40-CSA1, s. 2749r 18Section 2749r. 121.90 (2) (c) of the statutes is created to read:
SB40-CSA1,1123,2019 121.90 (2) (c) For the school district operating under ch. 119, aid received under
20s. 121.136.
SB40-CSA1, s. 2750 21Section 2750. 121.905 (1) of the statutes is amended to read:
SB40-CSA1,1123,2322 121.905 (1) In this section, "revenue ceiling" means $8,100 $8,700 in the
232005-06 2007-08 school year and $8,400 $9,000 in any subsequent school year.
SB40-CSA1, s. 2751 24Section 2751. 121.91 (2m) (e) (intro.) of the statutes is amended to read:
SB40-CSA1,1124,3
1121.91 (2m) (e) (intro.) Except as provided in subs. (3) and, (4), and (8), no
2school district may increase its revenues for the 1999-2000 school year or for any
3school year thereafter to an amount that exceeds the amount calculated as follows:
SB40-CSA1, s. 2752 4Section 2752. 121.91 (4) (f) 1. of the statutes is amended to read:
SB40-CSA1,1124,115 121.91 (4) (f) 1. Except as provided in subd. 1m., for the 1999-2000 2007-08
6school year or any school year thereafter, if the average of the number of pupils
7enrolled in the current and the 2 preceding school years is less than the average of
8the number of pupils enrolled in the 3 previous school years, the limit otherwise
9applicable under sub. (2m) (e) is increased by the additional amount that would have
10been calculated had the there been no decline in average enrollment been 25% of
11what it was
.
SB40-CSA1, s. 2753 12Section 2753. 121.91 (4) (f) 1m. b. of the statutes is amended to read:
SB40-CSA1,1124,1813 121.91 (4) (f) 1m. b. For the school year beginning on the first July 1 following
14the effective date of the school district reorganization, if the number of pupils
15enrolled in that school year is less than the number of pupils enrolled in the previous
16school year, the limit otherwise applicable under sub. (2m) (e) is increased by the
17additional amount that would have been calculated had the there been no decline in
18enrollment been 25 percent of what it was.
SB40-CSA1, s. 2754 19Section 2754. 121.91 (4) (f) 1m. c. of the statutes is amended to read:
SB40-CSA1,1125,220 121.91 (4) (f) 1m. c. For the school year beginning on the 2nd July 1 following
21the effective date of the school district reorganization, if the average of the number
22of pupils enrolled in that school year and the previous school year is less than the
23average of the number of pupils enrolled in the 2 previous school years, the limit
24otherwise applicable under sub. (2m) (e) is increased by the additional amount that

1would have been calculated had the there been no decline in average enrollment been
225 percent of what it was
.
SB40-CSA1, s. 2756m 3Section 2756m. 121.91 (7) of the statutes is amended to read:
SB40-CSA1,1125,94 121.91 (7) Except as provided in sub. (4) (f) 2. and (8), if an excess revenue is
5approved under sub. (3) for a recurring purpose or allowed under sub. (4), the excess
6revenue shall be included in the base for determining the limit for the next school
7year for purposes of this section. If an excess revenue is approved under sub. (3) for
8a nonrecurring purpose, the excess revenue shall not be included in the base for
9determining the limit for the next school year for purposes of this section.
SB40-CSA1, s. 2757 10Section 2757. 121.91 (8) of the statutes is created to read:
SB40-CSA1,1125,2111 121.91 (8) If a school district's initial revenue limit for the current school year,
12as calculated under s. 121.905 or sub. (2m) (e), whichever is appropriate, before
13making any adjustments under sub. (3) or (4), is less than the amount determined
14by multiplying the amount under sub. (2m) (e) 1. by the average of the number of
15pupils enrolled in the 3 preceding school years, the school district's initial revenue
16limit for the current school year, before making any adjustments under sub. (3) or (4),
17is the amount determined by multiplying the amount under sub. (2m) (e) 1. by the
18average of the number of pupils enrolled in the 3 preceding school years. Any
19additional revenue received by a school district as a result of this subsection shall not
20be included in the base for determining the school district's limit under sub. (2m) for
21the following school year.
SB40-CSA1, s. 2757r 22Section 2757r. 125.01 of the statutes is amended to read:
SB40-CSA1,1126,10 23125.01 Legislative intent. This chapter shall be construed as an enactment
24of the legislature's support for the 3-tier system for alcohol beverages production,
25distribution, and sale that, through uniform statewide regulation, provides this

1state regulatory authority over the production, storage, distribution, transportation,
2sale, and consumption of alcohol beverages by and to its citizens, for the benefit of
3the public health and welfare and this state's economic stability. Without the 3-tier
4system, the effective statewide regulation and collection of state taxes on alcohol
5beverages sales would be seriously jeopardized. It is further the intent of the
6legislature that without a specific statutory exception, all sales of alcohol beverages
7shall occur through the 3-tier system, from manufacturers to licensed wholesalers
8to retailers to consumers. Face-to-face retail sales at licensed premises directly
9advance the state's interest in preventing alcohol sales to underage or intoxicated
10persons.
SB40-CSA1, s. 2757t 11Section 2757t. 125.015 of the statutes is created to read:
SB40-CSA1,1126,16 12125.015 Severability. If any provision or clause of this chapter or its
13application to any person or circumstance is held invalid, the invalidity shall not
14affect other provisions or applications of this chapter that can be given effect without
15the invalid provision or application, and to this end the provisions of this chapter are
16severable.
SB40-CSA1, s. 2757te 17Section 2757te. 125.02 (2) of the statutes is amended to read:
SB40-CSA1,1126,2018 125.02 (2) "Brewer" means any person who manufactures fermented malt
19beverages for sale or transportation, except that "brewer" does not include a
20permittee under s. 125.295
.
SB40-CSA1, s. 2757tm 21Section 2757tm. 125.02 (2d) (intro.), (2h), (2p) and (2t) of the statutes are
22created to read:
SB40-CSA1,1126,2523 125.02 (2d) (intro.) "Brewer group" means a brewer, including all premises for
24which the brewer holds a permit issued under s. 125.29, together with all of the
25following:
SB40-CSA1,1127,1
1(2h) "Brewpub" means a permittee under s. 125.295.
SB40-CSA1,1127,3 2(2p) "Brewpub group" means a brewpub, including all premises for which the
3brewpub holds a permit issued under s. 125.295, together with all of the following:
SB40-CSA1,1127,54 (a) All brewpubs that share membership with the brewpub in a controlled
5group of brewpubs, as determined under 26 USC 5051 (a) (2) (B).
SB40-CSA1,1127,76(b) All brewpubs considered with the brewpub as one taxpayer under 27 CFR
725.111
b (b).
SB40-CSA1,1127,88 (c) All franchisees, as defined in s. 553.03 (5), of the brewpub.
SB40-CSA1,1127,109 (d) All franchisees, as defined in s. 553.03 (5), of the brewpub's franchisor, as
10defined in s. 553.03 (6).
SB40-CSA1,1127,1111 (e) The franchisor, as defined in s. 553.03 (6), of the brewpub.
SB40-CSA1,1127,13 12(2t) "Brewpub premises" means any premises covered by a permit issued under
13s. 125.295.
SB40-CSA1, s. 2757w 14Section 2757w. 125.02 (3r) of the statutes is created to read:
SB40-CSA1,1127,1915 125.02 (3r) "Caterer" means any person holding a restaurant permit under s.
16254.64 who is in the business of preparing food and transporting it for consumption
17on premises where gatherings, meetings, or events are held, if the sale of food at each
18gathering, meeting, or event accounts for greater than 50 percent of the gross
19receipts of all of the food and beverages served at the gathering, meeting, or event.
SB40-CSA1, s. 2757we 20Section 2757we. 125.02 (21) of the statutes is amended to read:
SB40-CSA1,1127,2321 125.02 (21) "Wholesaler" means a person, other than a brewer, brewpub,
22manufacturer, or rectifier, who sells alcohol beverages to a licensed retailer or to
23another person who holds a permit or license to sell alcohol beverages at wholesale.
SB40-CSA1, s. 2757wm 24Section 2757wm. 125.04 (9) of the statutes is amended to read:
SB40-CSA1,1128,5
1125.04 (9) Separate license or permit required. Except as provided under ss.
2125.27 (2) (a) and 125.51 (5) (c) 1., wholesalers, manufacturers, rectifiers, brewers,
3brewpubs,
and retailers shall have a separate permit or license covering each
4location or premises, except a licensed public warehouse, from which deliveries and
5sales of alcohol beverages are made or at which alcohol beverages are stored.
SB40-CSA1, s. 2757ws 6Section 2757ws. 125.07 (4) (bm) 1. of the statutes is amended to read:
SB40-CSA1,1128,77 125.07 (4) (bm) 1. A brewer or brewpub.
SB40-CSA1, s. 2758 8Section 2758. 125.07 (4) (cm) of the statutes is amended to read:
SB40-CSA1,1128,169 125.07 (4) (cm) When a court revokes or suspends a person's operating privilege
10under par. (bs) or (c), the department of transportation may not disclose information
11concerning or relating to the revocation or suspension to any person other than a
12court, district attorney, county corporation counsel, city, village or town attorney, law
13enforcement agency, driver licensing agency of another jurisdiction, or the person
14whose operating privilege is revoked or suspended. A person entitled to receive
15information under this paragraph may not disclose the information to any other
16person or agency.
SB40-CSA1, s. 2759 17Section 2759. 125.085 (3) (bp) of the statutes is amended to read:
SB40-CSA1,1128,2418 125.085 (3) (bp) When a court suspends a person's operating privilege under
19par. (bd), the department of transportation may not disclose information concerning
20or relating to the suspension to any person other than a court, district attorney,
21county corporation counsel, city, village or town attorney, law enforcement agency,
22driver licensing agency of another jurisdiction,
or the person whose operating
23privilege is suspended. A person entitled to receive information under this
24paragraph may not disclose the information to any other person or agency.
SB40-CSA1, s. 2759b 25Section 2759b. 125.10 (4) of the statutes is amended to read:
SB40-CSA1,1129,7
1125.10 (4) Regulation of closed retail premises. A municipality may not
2prohibit the permittee, licensee, employees, salespersons, employees of wholesalers
3licensed under s. 125.28 (1) or 125.54 (1); employees of permittees under s. 125.295
4with respect to the permittee's own retail premises;
or service personnel from being
5present on premises operated under a Class "A", "Class A" or "Class C" license or
6under a Class "B" or "Class B" license or permit during hours when the premises are
7not open for business if those persons are performing job-related activities.
SB40-CSA1, s. 2759c 8Section 2759c. 125.12 (5) of the statutes is amended to read:
SB40-CSA1,1129,169 125.12 (5) Revocations or suspensions of, or refusals to renew, permits by
10the department.
The department may, after notice and an opportunity for hearing,
11revoke, suspend or refuse to renew any retail permit issued by it for the causes
12provided in sub. (4) and any other permit issued by it under this chapter for any
13violation of this chapter or ch. 139, except that, for a violation of sub. (4) (ag) 6. with
14respect to a license issued under s. 125.51 (4) (v) or a violation of s. 125.535 or
15139.035
, the department shall revoke the license or permit. A revocation, suspension
16or refusal to renew is a contested case under ch. 227.
SB40-CSA1, s. 2759ca 17Section 2759ca. 125.25 (2) (b) 5. of the statutes is created to read:
SB40-CSA1,1129,2118 125.25 (2) (b) 5. A Class "A" license may not be issued to a person holding a
19brewpub permit issued under s. 125.295 or to a person who has a direct or indirect
20ownership interest in a premises operating under a brewpub permit issued under s.
21125.295.
SB40-CSA1, s. 2759cb 22Section 2759cb. 125.26 (2) (b) 1. of the statutes is amended to read:
SB40-CSA1,1129,2423 125.26 (2) (b) 1. Except as provided in s. ss. 125.295 and 125.31, Class "B"
24licenses may not be issued to brewers or brewpubs.
SB40-CSA1, s. 2759ce 25Section 2759ce. 125.26 (2u) of the statutes is created to read:
SB40-CSA1,1130,16
1125.26 (2u) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in
2addition to the authorization specified in sub. (1), a Class "B" license issued under
3this section to a caterer also authorizes the caterer to provide fermented malt
4beverages, including their retail sale, at the National Railroad Museum in Green
5Bay during special events held at this museum. Notwithstanding sub. (1), a caterer
6may provide fermented malt beverages under this subsection at any location at the
7National Railroad Museum even though the National Railroad Museum is not part
8of the caterer's licensed premises, as described under sub. (3) in the caterer's Class
9"B" license, and even if the National Railroad Museum is not located within the
10municipality that issued the caterer's Class "B" license. A caterer that provides
11fermented malt beverages under this subsection is subject to s. 125.32 (2) as if the
12fermented malt beverages were provided on the caterer's Class "B" licensed
13premises. This subsection does not authorize the National Railroad Museum to sell
14fermented malt beverages at retail or to procure or stock fermented malt beverages
15for purposes of retail sale. This subsection does not apply if, at any time, the National
16Railroad Museum holds a Class "B" license.
SB40-CSA1, s. 2759cec 17Section 2759cec. 125.28 (2) (b) 1. e. of the statutes is created to read:
SB40-CSA1,1130,1818 125.28 (2) (b) 1. e. A brewpub permit issued under s. 125.295.
SB40-CSA1, s. 2759ced 19Section 2759ced. 125.28 (2) (b) 2. of the statutes is amended to read:
SB40-CSA1,1130,2220 125.28 (2) (b) 2. A person who has a direct or indirect ownership interest in a
21premises operating under one or more of the licenses or permits listed in subd. 1. a.
22to d. e.
SB40-CSA1, s. 2759cf 23Section 2759cf. 125.29 (5) and (6) of the statutes are created to read:
SB40-CSA1,1130,2524 125.29 (5) Brewpubs. No person holding a brewpub permit under s. 125.295
25may register as a brewer under this section.
SB40-CSA1,1131,3
1(6) Restaurants. No person issued a permit under this section after the
2effective date of this subsection .... [revisor inserts date], may hold a restaurant
3permit issued under s. 254.64.
SB40-CSA1, s. 2759cg 4Section 2759cg. 125.295 of the statutes is created to read:
SB40-CSA1,1131,6 5125.295 Brewpub permits. (1) The department shall issue brewpub permits
6to eligible applicants authorizing all of the following:
SB40-CSA1,1131,107 (a) The manufacture of fermented malt beverages on the brewpub premises if
8the entire manufacturing process occurs on these premises and not more than 10,000
9barrels of fermented malt beverages are manufactured in a calendar year by the
10permittee's brewpub group.
SB40-CSA1,1131,1211 (b) The bottling on brewpub premises of fermented malt beverages that have
12been manufactured on these premises.
SB40-CSA1,1131,1513 (c) The packaging in refillable containers exceeding 24 ounces in volume, at the
14request of a customer and on brewpub premises, of fermented malt beverages that
15have been manufactured on these premises.
SB40-CSA1,1131,1716 (d) The possession and storage of any fermented malt beverages on brewpub
17premises.
SB40-CSA1,1131,2018 (e) The transportation of fermented malt beverages that have been
19manufactured on the brewpub premises between these premises and any other
20brewpub premises or Class "B" premises of the brewpub group.
SB40-CSA1,1131,2421 (f) Subject to s. 125.34 (3) and (4), the sale at wholesale, shipment,
22transportation, and delivery, in original unopened packages or containers, to
23wholesalers, from the brewpub premises, of fermented malt beverages that have
24been manufactured on these premises or on other brewpub premises of the brewpub.
SB40-CSA1,1132,13
1(g) The sale at wholesale, shipment, transportation, and delivery, in original
2unopened packages or containers, to retailers, from the brewpub premises, of
3fermented malt beverages that have been manufactured on these premises or on
4other brewpub premises of the brewpub. A brewpub's brewpub group may not sell,
5ship, transport, or deliver more than a total of 1,000 barrels of fermented malt
6beverages in any calendar year to retailers under this paragraph. Fermented malt
7beverages provided by a brewpub to any retail premises for which the brewpub group
8holds a retail license shall not be included in any calculation of the 1,000 barrel
9limitation under this paragraph. Deliveries and shipments of fermented malt
10beverages by a brewpub under this paragraph shall be made to retailers only at their
11retail premises. Any retailer receiving such a delivery or shipment is subject to the
12prohibition under s. 125.34 (5) against further transporting the delivery or shipment
13to any other retail premises.
SB40-CSA1,1132,1614 (h) The sale of alcohol beverages at retail on the brewpub premises in
15accordance with the terms of any retail license specified in subs. (2) (a) 4. and (3) (b)
16and (c).
SB40-CSA1,1132,2017 (i) Notwithstanding s. 125.33 (1), the ownership, maintenance, and operation
18of places for the sale of fermented malt beverages at the state fair park or on any
19county fairgrounds located in this state if the fermented malt beverages have been
20manufactured by the brewpub.
SB40-CSA1,1132,22 21(2) (a) An applicant is eligible for a brewpub permit only if all of the following
22apply:
SB40-CSA1,1132,2423 1. The applicant's brewpub group manufactures a total of not more than 10,000
24barrels of fermented malt beverages in a calendar year.
SB40-CSA1,1133,5
12. The applicant's entire process for manufacturing fermented malt beverages
2occurs on premises covered by a permit issued under this section. If the applicant
3holds more than one permit issued under this section, the applicant is not required
4to manufacture fermented malt beverages on each premises for which a permit is
5issued under this section.
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