Amendment CSA1-SB40

SB40-CSA1,1122,6 1. Divide the amount appropriated under s. 20.255 (2) (bb) by the total number of pupils enrolled in all eligible school districts.

SB40-CSA1,1122,9 2. Increase the amount determined under subd. 1. by the percentage increase in the total amount appropriated under s. 20.255 (2) (ac) between the previous school year and the current school year, but not less than zero.

SB40-CSA1,1122,13 3. Increase the amount determined under subd. 2. by the percentage increase in this state's aggregate personal income between the calendar year beginning in the 2nd previous school year and the calendar year beginning in the previous school year, but not less than zero.

SB40-CSA1,1122,15 4. Multiply the amount determined under subd. 3. by the school district's enrollment on the 3rd Friday of September in the current school year.

SB40-CSA1,1122,19 (c) 1. Beginning in the 2009-10 school year, an eligible school district may not receive under par. (b) less than the amount determined by increasing the amount received under this section in the previous school year by the percentage increases specified in par. (b) 2. and 3.

SB40-CSA1,1122,22 2. Notwithstanding subd. 1., if in any fiscal year the amount appropriated under s. 20.255 (2) (bb) is insufficient to fully fund aid payments under this subsection, the department shall prorate payments to eligible school districts.

SB40-CSA1, s. 2748 Section 2748. 121.58 (2) (a) 4. of the statutes is amended to read:

SB40-CSA1,1123,3 121.58 (2) (a) 4. For each pupil so transported whose residence is more than 12 miles from the school attended, $150 $180 per school year in the 2005-06 2006-07 school year and $180 $220 per school year thereafter.

SB40-CSA1, s. 2748m Section 2748m. 121.58 (2) (d) of the statutes is created to read:

SB40-CSA1,1123,11 121.58 (2) (d) In addition to any other payments made under this section, the department shall allocate $35,000 annually to reimburse school districts for 75 percent of the costs incurred to transport pupils over ice from their residence on an island to school on the mainland and back to their residence on the island, including the costs of maintaining and storing equipment. If in any school year the amount to which school districts are entitled under this paragraph exceeds $35,000, the department shall prorate the payments among the eligible school districts.

SB40-CSA1, s. 2749q Section 2749q. 121.90 (2) (intro.) of the statutes is amended to read:

SB40-CSA1,1123,17 121.90 (2) (intro.) "State aid" means aid under ss. 121.08, 121.09 and, 121.105, and 121.136 and subch. VI, as calculated for the current school year on October 15 under s. 121.15 (4) and including adjustments made under s. 121.15 (4), and amounts under s. 79.095 (4) for the current school year, except that "state aid" excludes all of the following:

SB40-CSA1, s. 2749r Section 2749r. 121.90 (2) (c) of the statutes is created to read:

SB40-CSA1,1123,20 121.90 (2) (c) For the school district operating under ch. 119, aid received under s. 121.136.

SB40-CSA1, s. 2750 Section 2750. 121.905 (1) of the statutes is amended to read:

SB40-CSA1,1123,23 121.905 (1) In this section, "revenue ceiling" means $8,100 $8,700 in the 2005-06 2007-08 school year and $8,400 $9,000 in any subsequent school year.

SB40-CSA1, s. 2751 Section 2751. 121.91 (2m) (e) (intro.) of the statutes is amended to read:

SB40-CSA1,1124,3 121.91 (2m) (e) (intro.) Except as provided in subs. (3) and, (4), and (8), no school district may increase its revenues for the 1999-2000 school year or for any school year thereafter to an amount that exceeds the amount calculated as follows:

SB40-CSA1, s. 2752 Section 2752. 121.91 (4) (f) 1. of the statutes is amended to read:

SB40-CSA1,1124,11 121.91 (4) (f) 1. Except as provided in subd. 1m., for the 1999-2000 2007-08 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) is increased by the additional amount that would have been calculated had the there been no decline in average enrollment been 25% of what it was.

SB40-CSA1, s. 2753 Section 2753. 121.91 (4) (f) 1m. b. of the statutes is amended to read:

SB40-CSA1,1124,18 121.91 (4) (f) 1m. b. For the school year beginning on the first July 1 following the effective date of the school district reorganization, if the number of pupils enrolled in that school year is less than the number of pupils enrolled in the previous school year, the limit otherwise applicable under sub. (2m) (e) is increased by the additional amount that would have been calculated had the there been no decline in enrollment been 25 percent of what it was.

SB40-CSA1, s. 2754 Section 2754. 121.91 (4) (f) 1m. c. of the statutes is amended to read:

SB40-CSA1,1125,2 121.91 (4) (f) 1m. c. For the school year beginning on the 2nd July 1 following the effective date of the school district reorganization, if the average of the number of pupils enrolled in that school year and the previous school year is less than the average of the number of pupils enrolled in the 2 previous school years, the limit otherwise applicable under sub. (2m) (e) is increased by the additional amount that would have been calculated had the there been no decline in average enrollment been 25 percent of what it was.

SB40-CSA1, s. 2756m Section 2756m. 121.91 (7) of the statutes is amended to read:

SB40-CSA1,1125,9 121.91 (7) Except as provided in sub. (4) (f) 2. and (8), if an excess revenue is approved under sub. (3) for a recurring purpose or allowed under sub. (4), the excess revenue shall be included in the base for determining the limit for the next school year for purposes of this section. If an excess revenue is approved under sub. (3) for a nonrecurring purpose, the excess revenue shall not be included in the base for determining the limit for the next school year for purposes of this section.

SB40-CSA1, s. 2757 Section 2757. 121.91 (8) of the statutes is created to read:

SB40-CSA1,1125,21 121.91 (8) If a school district's initial revenue limit for the current school year, as calculated under s. 121.905 or sub. (2m) (e), whichever is appropriate, before making any adjustments under sub. (3) or (4), is less than the amount determined by multiplying the amount under sub. (2m) (e) 1. by the average of the number of pupils enrolled in the 3 preceding school years, the school district's initial revenue limit for the current school year, before making any adjustments under sub. (3) or (4), is the amount determined by multiplying the amount under sub. (2m) (e) 1. by the average of the number of pupils enrolled in the 3 preceding school years. Any additional revenue received by a school district as a result of this subsection shall not be included in the base for determining the school district's limit under sub. (2m) for the following school year.

SB40-CSA1, s. 2757r Section 2757r. 125.01 of the statutes is amended to read:

SB40-CSA1,1126,10 125.01 Legislative intent. This chapter shall be construed as an enactment of the legislature's support for the 3-tier system for alcohol beverages production, distribution, and sale that, through uniform statewide regulation, provides this state regulatory authority over the production, storage, distribution, transportation, sale, and consumption of alcohol beverages by and to its citizens, for the benefit of the public health and welfare and this state's economic stability. Without the 3-tier system, the effective statewide regulation and collection of state taxes on alcohol beverages sales would be seriously jeopardized. It is further the intent of the legislature that without a specific statutory exception, all sales of alcohol beverages shall occur through the 3-tier system, from manufacturers to licensed wholesalers to retailers to consumers. Face-to-face retail sales at licensed premises directly advance the state's interest in preventing alcohol sales to underage or intoxicated persons.

SB40-CSA1, s. 2757t Section 2757t. 125.015 of the statutes is created to read:

SB40-CSA1,1126,16 125.015 Severability. If any provision or clause of this chapter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

SB40-CSA1, s. 2757te Section 2757te. 125.02 (2) of the statutes is amended to read:

SB40-CSA1,1126,20 125.02 (2) "Brewer" means any person who manufactures fermented malt beverages for sale or transportation, except that "brewer" does not include a permittee under s. 125.295.

SB40-CSA1, s. 2757tm Section 2757tm. 125.02 (2d) (intro.), (2h), (2p) and (2t) of the statutes are created to read:

SB40-CSA1,1126,25 125.02 (2d) (intro.) "Brewer group" means a brewer, including all premises for which the brewer holds a permit issued under s. 125.29, together with all of the following:

SB40-CSA1,1127,1 (2h) "Brewpub" means a permittee under s. 125.295.

SB40-CSA1,1127,3 (2p) "Brewpub group" means a brewpub, including all premises for which the brewpub holds a permit issued under s. 125.295, together with all of the following:

SB40-CSA1,1127,5 (a) All brewpubs that share membership with the brewpub in a controlled group of brewpubs, as determined under 26 USC 5051 (a) (2) (B).

SB40-CSA1,1127,7 (b) All brewpubs considered with the brewpub as one taxpayer under 27 CFR 25.111b (b).

SB40-CSA1,1127,8 (c) All franchisees, as defined in s. 553.03 (5), of the brewpub.

SB40-CSA1,1127,10 (d) All franchisees, as defined in s. 553.03 (5), of the brewpub's franchisor, as defined in s. 553.03 (6).

SB40-CSA1,1127,11 (e) The franchisor, as defined in s. 553.03 (6), of the brewpub.

SB40-CSA1,1127,13 (2t) "Brewpub premises" means any premises covered by a permit issued under s. 125.295.

SB40-CSA1, s. 2757w Section 2757w. 125.02 (3r) of the statutes is created to read:

SB40-CSA1,1127,19 125.02 (3r) "Caterer" means any person holding a restaurant permit under s. 254.64 who is in the business of preparing food and transporting it for consumption on premises where gatherings, meetings, or events are held, if the sale of food at each gathering, meeting, or event accounts for greater than 50 percent of the gross receipts of all of the food and beverages served at the gathering, meeting, or event.

SB40-CSA1, s. 2757we Section 2757we. 125.02 (21) of the statutes is amended to read:

SB40-CSA1,1127,23 125.02 (21) "Wholesaler" means a person, other than a brewer, brewpub, manufacturer, or rectifier, who sells alcohol beverages to a licensed retailer or to another person who holds a permit or license to sell alcohol beverages at wholesale.

SB40-CSA1, s. 2757wm Section 2757wm. 125.04 (9) of the statutes is amended to read:

SB40-CSA1,1128,5 125.04 (9) Separate license or permit required. Except as provided under ss. 125.27 (2) (a) and 125.51 (5) (c) 1., wholesalers, manufacturers, rectifiers, brewers, brewpubs, and retailers shall have a separate permit or license covering each location or premises, except a licensed public warehouse, from which deliveries and sales of alcohol beverages are made or at which alcohol beverages are stored.

SB40-CSA1, s. 2757ws Section 2757ws. 125.07 (4) (bm) 1. of the statutes is amended to read:

SB40-CSA1,1128,7 125.07 (4) (bm) 1. A brewer or brewpub.

SB40-CSA1, s. 2758 Section 2758. 125.07 (4) (cm) of the statutes is amended to read:

SB40-CSA1,1128,16 125.07 (4) (cm) When a court revokes or suspends a person's operating privilege under par. (bs) or (c), the department of transportation may not disclose information concerning or relating to the revocation or suspension to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency, driver licensing agency of another jurisdiction, or the person whose operating privilege is revoked or suspended. A person entitled to receive information under this paragraph may not disclose the information to any other person or agency.

SB40-CSA1, s. 2759 Section 2759. 125.085 (3) (bp) of the statutes is amended to read:

SB40-CSA1,1128,24 125.085 (3) (bp) When a court suspends a person's operating privilege under par. (bd), the department of transportation may not disclose information concerning or relating to the suspension to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency, driver licensing agency of another jurisdiction, or the person whose operating privilege is suspended. A person entitled to receive information under this paragraph may not disclose the information to any other person or agency.

SB40-CSA1, s. 2759b Section 2759b. 125.10 (4) of the statutes is amended to read:

SB40-CSA1,1129,7 125.10 (4) Regulation of closed retail premises. A municipality may not prohibit the permittee, licensee, employees, salespersons, employees of wholesalers licensed under s. 125.28 (1) or 125.54 (1); employees of permittees under s. 125.295 with respect to the permittee's own retail premises; or service personnel from being present on premises operated under a Class "A", "Class A" or "Class C" license or under a Class "B" or "Class B" license or permit during hours when the premises are not open for business if those persons are performing job-related activities.

SB40-CSA1, s. 2759c Section 2759c. 125.12 (5) of the statutes is amended to read:

SB40-CSA1,1129,16 125.12 (5) Revocations or suspensions of, or refusals to renew, permits by the department. The department may, after notice and an opportunity for hearing, revoke, suspend or refuse to renew any retail permit issued by it for the causes provided in sub. (4) and any other permit issued by it under this chapter for any violation of this chapter or ch. 139, except that, for a violation of sub. (4) (ag) 6. with respect to a license issued under s. 125.51 (4) (v) or a violation of s. 125.535 or 139.035, the department shall revoke the license or permit. A revocation, suspension or refusal to renew is a contested case under ch. 227.

SB40-CSA1, s. 2759ca Section 2759ca. 125.25 (2) (b) 5. of the statutes is created to read:

SB40-CSA1,1129,21 125.25 (2) (b) 5. A Class "A" license may not be issued to a person holding a brewpub permit issued under s. 125.295 or to a person who has a direct or indirect ownership interest in a premises operating under a brewpub permit issued under s. 125.295.

SB40-CSA1, s. 2759cb Section 2759cb. 125.26 (2) (b) 1. of the statutes is amended to read:

SB40-CSA1,1129,24 125.26 (2) (b) 1. Except as provided in s. ss. 125.295 and 125.31, Class "B" licenses may not be issued to brewers or brewpubs.

SB40-CSA1, s. 2759ce Section 2759ce. 125.26 (2u) of the statutes is created to read:

SB40-CSA1,1130,16 125.26 (2u) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in addition to the authorization specified in sub. (1), a Class "B" license issued under this section to a caterer also authorizes the caterer to provide fermented malt beverages, including their retail sale, at the National Railroad Museum in Green Bay during special events held at this museum. Notwithstanding sub. (1), a caterer may provide fermented malt beverages under this subsection at any location at the National Railroad Museum even though the National Railroad Museum is not part of the caterer's licensed premises, as described under sub. (3) in the caterer's Class "B" license, and even if the National Railroad Museum is not located within the municipality that issued the caterer's Class "B" license. A caterer that provides fermented malt beverages under this subsection is subject to s. 125.32 (2) as if the fermented malt beverages were provided on the caterer's Class "B" licensed premises. This subsection does not authorize the National Railroad Museum to sell fermented malt beverages at retail or to procure or stock fermented malt beverages for purposes of retail sale. This subsection does not apply if, at any time, the National Railroad Museum holds a Class "B" license.

SB40-CSA1, s. 2759cec Section 2759cec. 125.28 (2) (b) 1. e. of the statutes is created to read:

SB40-CSA1,1130,18 125.28 (2) (b) 1. e. A brewpub permit issued under s. 125.295.

SB40-CSA1, s. 2759ced Section 2759ced. 125.28 (2) (b) 2. of the statutes is amended to read:

SB40-CSA1,1130,22 125.28 (2) (b) 2. A person who has a direct or indirect ownership interest in a premises operating under one or more of the licenses or permits listed in subd. 1. a. to d. e.

SB40-CSA1, s. 2759cf Section 2759cf. 125.29 (5) and (6) of the statutes are created to read:

SB40-CSA1,1130,25 125.29 (5) Brewpubs. No person holding a brewpub permit under s. 125.295 may register as a brewer under this section.

SB40-CSA1,1131,3 (6) Restaurants. No person issued a permit under this section after the effective date of this subsection .... [revisor inserts date], may hold a restaurant permit issued under s. 254.64.

SB40-CSA1, s. 2759cg Section 2759cg. 125.295 of the statutes is created to read:

SB40-CSA1,1131,6 125.295 Brewpub permits. (1) The department shall issue brewpub permits to eligible applicants authorizing all of the following:

SB40-CSA1,1131,10 (a) The manufacture of fermented malt beverages on the brewpub premises if the entire manufacturing process occurs on these premises and not more than 10,000 barrels of fermented malt beverages are manufactured in a calendar year by the permittee's brewpub group.

SB40-CSA1,1131,12 (b) The bottling on brewpub premises of fermented malt beverages that have been manufactured on these premises.

SB40-CSA1,1131,15 (c) The packaging in refillable containers exceeding 24 ounces in volume, at the request of a customer and on brewpub premises, of fermented malt beverages that have been manufactured on these premises.

SB40-CSA1,1131,17 (d) The possession and storage of any fermented malt beverages on brewpub premises.

SB40-CSA1,1131,20 (e) The transportation of fermented malt beverages that have been manufactured on the brewpub premises between these premises and any other brewpub premises or Class "B" premises of the brewpub group.

SB40-CSA1,1131,24 (f) Subject to s. 125.34 (3) and (4), the sale at wholesale, shipment, transportation, and delivery, in original unopened packages or containers, to wholesalers, from the brewpub premises, of fermented malt beverages that have been manufactured on these premises or on other brewpub premises of the brewpub.

SB40-CSA1,1132,13 (g) The sale at wholesale, shipment, transportation, and delivery, in original unopened packages or containers, to retailers, from the brewpub premises, of fermented malt beverages that have been manufactured on these premises or on other brewpub premises of the brewpub. A brewpub's brewpub group may not sell, ship, transport, or deliver more than a total of 1,000 barrels of fermented malt beverages in any calendar year to retailers under this paragraph. Fermented malt beverages provided by a brewpub to any retail premises for which the brewpub group holds a retail license shall not be included in any calculation of the 1,000 barrel limitation under this paragraph. Deliveries and shipments of fermented malt beverages by a brewpub under this paragraph shall be made to retailers only at their retail premises. Any retailer receiving such a delivery or shipment is subject to the prohibition under s. 125.34 (5) against further transporting the delivery or shipment to any other retail premises.

SB40-CSA1,1132,16 (h) The sale of alcohol beverages at retail on the brewpub premises in accordance with the terms of any retail license specified in subs. (2) (a) 4. and (3) (b) and (c).

SB40-CSA1,1132,20 (i) Notwithstanding s. 125.33 (1), the ownership, maintenance, and operation of places for the sale of fermented malt beverages at the state fair park or on any county fairgrounds located in this state if the fermented malt beverages have been manufactured by the brewpub.

SB40-CSA1,1132,22 (2) (a) An applicant is eligible for a brewpub permit only if all of the following apply:

SB40-CSA1,1132,24 1. The applicant's brewpub group manufactures a total of not more than 10,000 barrels of fermented malt beverages in a calendar year.

SB40-CSA1,1133,5 2. The applicant's entire process for manufacturing fermented malt beverages occurs on premises covered by a permit issued under this section. If the applicant holds more than one permit issued under this section, the applicant is not required to manufacture fermented malt beverages on each premises for which a permit is issued under this section.

SB40-CSA1,1133,7 3. The applicant operates a restaurant on the premises for which the permit is issued, for which a restaurant permit is issued under s. 254.64.

SB40-CSA1,1133,11 4. The applicant holds a Class "B" license for the restaurant identified in subd. 3. and, on these Class "B" premises, offers for sale, in addition to fermented malt beverages manufactured by the applicant, fermented malt beverages manufactured by a brewer other than the applicant and its brewpub group.