Amendment SA1-SSA1-SB40

SB40-SSA1-SA1,213,15 " Section 2752k. 121.91 (4) (f) 1. of the statutes is renumbered 121.91 (4) (f) 1. (intro.) and amended to read:

SB40-SSA1-SA1,213,22 121.91 (4) (f) 1. (intro.) Except as provided in subd. 1m., 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) is increased by the additional amount that would have been calculated had the decline in average enrollment been 25% of what it was. as follows:".

SB40-SSA1-SA1,213,23 483. Page 1245, line 12: after that line insert:

SB40-SSA1-SA1,213,24 " Section 2752L. 121.91 (4) (f) 1. a. to c. of the statutes are created to read:

SB40-SSA1-SA1,214,2 121.91 (4) (f) 1. a. In the current school year, by the additional amount that would have been calculated had there been no decline in average enrollment.

SB40-SSA1-SA1,214,4 b. In the succeeding school year, by an amount equal to 75 percent of the additional amount calculated under subd. 1. a.

SB40-SSA1-SA1,214,6 c. In the 2nd succeeding school year, by an amount equal to 50 percent of the additional amount calculated under subd. 1. a.".

SB40-SSA1-SA1,214,14 484. Page 1245, line 19: after "was" insert ". In the succeeding school year, the limit otherwise applicable under sub. (2m) (e) is increased by an amount equal to 75 percent of the amount calculated under this subdivision for the school year beginning on the first July 1 following the effective date of the reorganization. In the 2nd succeeding school year, the limit otherwise applicable under sub. (2m) (e) is increased by an amount equal to 50 percent of the amount calculated under this subdivision for the school year beginning on the first July 1 following the effective date of the reorganization".

SB40-SSA1-SA1,214,22 485. Page 1246, line 2: after "was" insert ". In the succeeding school year, the limit otherwise applicable under sub. (2m) (e) is increased by an amount equal to 75 percent of the amount calculated under this subdivision for the school year beginning on the 2nd July 1 following the effective date of the reorganization. In the 2nd succeeding school year, the limit otherwise applicable under sub. (2m) (e) is increased by an amount equal to 50 percent of the amount calculated under this subdivision for the school year beginning on the 2nd July 1 following the effective date of the reorganization".

SB40-SSA1-SA1,214,23 486. Page 1246, line 2: after that line insert:

SB40-SSA1-SA1,214,24 " Section 2754d. 121.91 (4) (f) 1m. d. of the statutes is created to read:

SB40-SSA1-SA1,215,2 121.91 (4) (f) 1m. d. For any school year beginning after the school year described in subd. 1m. c., subd. 1. applies.".

SB40-SSA1-SA1,215,7 487. Page 1246, line 10: delete the material beginning with "$25,000" and ending with "subd. 3" on line 12 and substitute "an amount equal to $100 times the number of pupils enrolled in the school district or $40,000, whichever is greater, for the purpose of covering compensation costs associated with providing security officers in the school district and purchasing safety equipment".

SB40-SSA1-SA1,215,8 488. Page 1246, line 13: delete "for the purpose described in subd. 3. a.".

SB40-SSA1-SA1,215,11 489. Page 1246, line 15: delete the material beginning with "that operates" and ending with "12" on line 16 and substitute "and that describes the manner in which the increased revenue shall be used,".

SB40-SSA1-SA1,215,13 490. Page 1246, line 17: delete the material beginning with "no later" and ending with "paragraph" on line 18.

SB40-SSA1-SA1,215,15 491. Page 1246, line 19: delete the material beginning with "A school" and ending with "4." on page 1247, line 6.

SB40-SSA1-SA1,215,16 492. Page 1247, line 20: after that line insert:

SB40-SSA1-SA1,215,17 " Section 2756b. 121.91 (4) (n) of the statutes is created to read:

SB40-SSA1-SA1,215,23 121.91 (4) (n) The limit otherwise applicable to a school district under sub. (2m) in any school year is increased by the amount spent by the school district in that school year to pay the salary and fringe benefit costs of school nurses employed by the school district. Any additional revenue received by a school district as a result of this paragraph shall not be included in the base for determining the limit for the next school year for purposes of this section.".

SB40-SSA1-SA1,215,24 493. Page 1247, line 22: delete "and (m)" and substitute "(m), and (n)".

SB40-SSA1-SA1,216,1 494. Page 1248, line 14: after that line insert:

SB40-SSA1-SA1,216,2 " Section 2757p. 125.02 (3r) of the statutes is created to read:

SB40-SSA1-SA1,216,7 125.02 (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-SSA1-SA1,216,8 495. Page 1248, line 14: after that line insert:

SB40-SSA1-SA1,216,9 " Section 2757r. 125.01 of the statutes is amended to read:

SB40-SSA1-SA1,216,22 125.01 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-SSA1-SA1, s. 2757t Section 2757t. 125.015 of the statutes is created to read:

SB40-SSA1-SA1,217,5 125.015 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-SSA1-SA1, s. 2757v Section 2757v. 125.02 (3r) of the statutes is created to read:

SB40-SSA1-SA1,217,11 125.02 (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-SSA1-SA1,217,12 496. Page 1249, line 7: after that line insert:

SB40-SSA1-SA1,217,13 " Section 2759k. 125.26 (2u) of the statutes is created to read:

SB40-SSA1-SA1,218,5 125.26 (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-SSA1-SA1, s. 2759n Section 2759n. 125.51 (3) (bu) of the statutes is created to read:

SB40-SSA1-SA1,218,22 125.51 (3) (bu) Notwithstanding ss. 125.04 (3) (a) 3. and (9) and 125.09 (1), in addition to the authorization specified in sub. (1) (a) and in sub. (3) (a) or (b) , a "Class B" license issued under sub. (1) to a caterer also authorizes the caterer to provide intoxicating liquor, including its retail sale, at the National Railroad Museum in Green Bay during special events held at this museum. Notwithstanding subs. (1) (a) and (3) (a) and (b), a caterer may provide intoxicating liquor under this paragraph 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 par. (d) 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 intoxicating liquor under this paragraph is subject to s. 125.68 (2) as if the intoxicating liquor were provided on the caterer's "Class B" licensed premises. This paragraph does not authorize the National Railroad Museum to sell intoxicating liquor at retail or to procure or stock intoxicating liquor for purposes of retail sale. This paragraph does not apply if, at any time, the National Railroad Museum holds a "Class B" license.".

SB40-SSA1-SA1,218,23 497. Page 1249, line 7: after that line insert:

SB40-SSA1-SA1,218,24 " Section 2759c. 125.12 (5) of the statutes is amended to read:

SB40-SSA1-SA1,219,8 125.12 (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-SSA1-SA1, s. 2759d Section 2759d. 125.51 (6) of the statutes is created to read:

SB40-SSA1-SA1,219,12 125.51 (6) Face-to-face retail sales. Except as provided in sub. (3) (bm) and (bs) and except with respect to caterers, a retail license issued under this section authorizes only face-to-face sales to consumers at the licensed premises.

SB40-SSA1-SA1, s. 2759e Section 2759e. 125.52 (1) of the statutes is amended to read:

SB40-SSA1-SA1,220,2 125.52 (1) Authorized activities. The department shall issue manufacturers' and rectifiers' permits which authorize the manufacture or rectification, respectively, of intoxicating liquor on the premises covered by the permit. A person holding a manufacturer's or rectifier's permit may manufacture, and bottle or wholesale wine, pursuant to the terms of the permit, without procuring a winery permit. A manufacturer's or rectifier's permit entitles the permittee to sell intoxicating liquor to wholesalers holding a permit under s. 125.54, and to other manufacturers and rectifiers holding a permit under this section, from the premises described in the permit. Holders of rectifiers' permits may sell intoxicating liquor rectified by the permittee to retailers without any other permit. No sales may be made for consumption on the premises of the permittee. Possession of a permit under this section does not authorize the permittee to sell tax-free intoxicating liquor and wines brought into this state under s. 139.03 (5).

SB40-SSA1-SA1, s. 2759f Section 2759f. 125.52 (6) of the statutes is repealed.

SB40-SSA1-SA1, s. 2759g Section 2759g. 125.52 (8) of the statutes is repealed.

SB40-SSA1-SA1, s. 2759h Section 2759h. 125.53 (1) of the statutes is amended to read:

SB40-SSA1-SA1,220,15 125.53 (1) The department shall issue only to a manufacturing winery in this state that holds a valid certificate issued under s. 73.03 (50) a winery permit authorizing the manufacture and bottling of wine on the premises covered by the permit for sale at wholesale to other licensees or permittees to wholesalers holding a permit under s. 125.54. A permittee winery holding a permit under this section may offer on the premises taste samples of wine manufactured on the premises to persons who have attained the legal drinking age. A permittee under this section may also have either a "Class A" or "Class B" license, but not both. If a "Class A" or "Class B" liquor license has also been issued to the winery, the winery may offer the taste samples on the "Class A" or "Class B" premises.

SB40-SSA1-SA1, s. 2759i Section 2759i. 125.53 (3) of the statutes is repealed.

SB40-SSA1-SA1, s. 2759j Section 2759j. 125.535 of the statutes is created to read:

SB40-SSA1-SA1,220,23 125.535 Direct wine shippers' permits. (1) Authorized activities. The department shall issue direct wine shippers' permits authorizing the permittee to ship wine directly to an individual in this state who is of the legal drinking age, who acknowledges in writing receipt of the wine shipped, and who is not intoxicated at the time of delivery. A signature on the delivery form of the common carrier by a person of legal drinking age acknowledges delivery in writing.

SB40-SSA1-SA1,220,25 (2) Annual permit fee. The department shall charge the following annual fee for each permit issued under this section:

SB40-SSA1-SA1,221,2 (a) For a permittee that ships more than 90 liters of wine annually to individuals in this state, $1,000.

SB40-SSA1-SA1,221,4 (b) For a permittee that ships not less than 27 liters nor more than 90 liters of wine annually to individuals in this state, $500.

SB40-SSA1-SA1,221,6 (c) For a permittee that ships less than 27 liters of wine annually to individuals in this state, $100.

SB40-SSA1-SA1,221,9 (3) Persons eligible. (a) A direct wine shipper's permit may be issued under this section to any person that manufactures and bottles wine on premises covered by any of the following:

SB40-SSA1-SA1,221,10 1. A manufacturer's or rectifier's permit under s. 125.52.

SB40-SSA1-SA1,221,11 2. A winery permit under s. 125.53.

SB40-SSA1-SA1,221,13 3. A winery license, permit, or other authorization issued to the winery by any state from which the winery will ship wine into this state.

SB40-SSA1-SA1,221,15 (b) A winery located outside of this state is eligible for a direct wine shipper's permit under par. (a) 3. if all of the following apply:

SB40-SSA1-SA1,221,17 1. The winery holds a valid business tax registration certificate issued under s. 73.03 (50).

SB40-SSA1-SA1,221,21 2. The winery submits to the department, with any initial application or renewal for a certificate under s. 73.03 (50) or a permit under par. (a) 3., a copy of any current license, permit, or authorization issued to the winery by the state from which the winery will ship wine into this state.

SB40-SSA1-SA1,222,2 (c) Notwithstanding s. 125.04 (5) (a), natural persons obtaining direct wine shippers' permits are not required to be residents of this state. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be eligible for a permit under this section. Notwithstanding s. 125.04 (6), corporations or limited liability companies obtaining direct wine shippers' permits are not required to appoint agents.

SB40-SSA1-SA1,222,8 (4) Annual report required. A permittee under this section shall submit a report to the department, by January 31 of each year, on forms furnished by the department, providing the identity, quantity, and price of all products shipped to individuals in this state during the previous calendar year, along with the name, address, and birthdate of each person who purchased these products and each person to whom these products were shipped.

SB40-SSA1-SA1,222,11 (5) Labels. Containers of wine shipped to an individual in this state under this section shall be clearly labeled to indicate that the package may not be delivered to an underage person or to an intoxicated person.

SB40-SSA1-SA1,222,13 (6) Restrictions. No individual may resell, or use for a commercial purpose, wine received by the individual that is shipped under authority of this section.

SB40-SSA1-SA1,222,18 (7) Annual limit. No individual in this state may receive more than 27 liters of wine annually shipped under authority of the section, and no permittee under this section may ship more than 27 liters of wine annually to an individual in this state. This subsection does not apply to purchases made under a permit issued under s. 125.61.

SB40-SSA1-SA1, s. 2759k Section 2759k. 125.54 (1) of the statutes is amended to read:

SB40-SSA1-SA1,223,2 125.54 (1) Authorized activities. The department shall issue wholesalers' permits authorizing the permittee to sell intoxicating liquor at wholesale from the premises described in the permit. Except as provided under s. 125.69 (1) (b) 3., the The permittee may not sell intoxicating liquor for consumption on the premises. If a wholesale permit is issued to a brewery that holds a "Class B" license, the permit shall authorize the wholesale sale of wine only. Possession of a permit under this section does not authorize the permittee to sell tax-free intoxicating liquor and wine brought into this state under s. 139.03 (5).

SB40-SSA1-SA1, s. 2759km Section 2759km. 125.58 (1) of the statutes is amended to read:

SB40-SSA1-SA1,223,21 125.58 (1) The department shall issue out-of-state shippers' permits which authorize persons located outside this state to sell or ship intoxicating liquor into this state. Except as provided under sub. (4), intoxicating liquor may be shipped into this state only to a person holding a manufacturer's, rectifier's, wholesaler's, industrial alcohol or medicinal alcohol permit under s. 125.54 or, if shipped from a manufacturer or rectifier in another state holding a permit under this section, to a person holding a manufacturer's or rectifier's permit under s. 125.52. Except as provided under sub. (4), a separate out-of-state shipper's permit is required for each location from which any intoxicating liquor is sold or shipped into this state, including the location from which the invoices are issued for the sales or shipments. Any person holding an out-of-state shipper's permit issued under this section may solicit orders for sales or shipments by the permittee without obtaining the sales solicitation permit required by s. 125.65, but every agent, salesperson or other representative who solicits orders for sales or shipments by an out-of-state shipper shall first obtain a permit for soliciting orders under s. 125.65. No holder of an out-of-state shipper's permit issued under this section may sell intoxicating liquor in this state or ship intoxicating liquor into this state unless the out-of-state shipper is the primary source of supply for that intoxicating liquor.

SB40-SSA1-SA1, s. 2759L Section 2759L. 125.58 (4) (a) (intro.) of the statutes is renumbered 125.58 (4) and amended to read:

SB40-SSA1-SA1,224,3 125.58 (4) (a) A winery located outside of this state may ship wine into this state as provided under s. 125.68 (10) (bm) if all of the following apply: 125.535 and is not required to hold an out-of-state shipper's permit under this section.

SB40-SSA1-SA1, s. 2759m Section 2759m. 125.58 (4) (a) 1. to 4. of the statutes are repealed.

SB40-SSA1-SA1, s. 2759mm Section 2759mm. 125.58 (4) (b) of the statutes is repealed.

SB40-SSA1-SA1, s. 2759n Section 2759n. 125.68 (10) (a) of the statutes is amended to read:

SB40-SSA1-SA1,224,12 125.68 (10) (a) Except as provided in par. (bm) s. 125.535, no intoxicating liquor may be shipped into this state unless consigned to a person holding a wholesaler's permit for the sale of intoxicating liquor, other than a retail "Class B" permit under s. 125.54 or, if shipped from a manufacturer or rectifier in another state holding a permit under s. 125.58, consigned to a person holding a manufacturer's or rectifier's permit under s. 125.52.

SB40-SSA1-SA1, s. 2759o Section 2759o. 125.68 (10) (b) of the statutes is amended to read:

SB40-SSA1-SA1,224,18 125.68 (10) (b) Except as provided in par. (bm) s. 125.535, no common carrier or other person may transport into and deliver within this state any intoxicating liquor unless it is consigned to a person holding a wholesaler's permit for the sale of intoxicating liquor, other than a retail "Class B" permit under s. 125.54. Any common carrier violating this paragraph shall forfeit $100 for each violation.

SB40-SSA1-SA1, s. 2759p Section 2759p. 125.68 (10) (bm) of the statutes is repealed.

SB40-SSA1-SA1, s. 2759pg Section 2759pg. 125.68 (10) (bs) of the statutes is repealed.

SB40-SSA1-SA1, s. 2759pr Section 2759pr. 125.68 (10) (c) of the statutes is repealed.

SB40-SSA1-SA1, s. 2759q Section 2759q. 125.69 (1) (a) of the statutes is amended to read:

SB40-SSA1-SA1,225,3 125.69 (1) (a) No intoxicating liquor manufacturer, rectifier, winery, out-of-state shipper permittee, or wholesaler may hold any direct or indirect interest in any "Class A" license or establishment and no "Class A" licensee may hold any direct or indirect interest in a wholesale permit or establishment, except that a winery that has a permit under s. 125.53 may have an ownership interest in a "Class A" license.

SB40-SSA1-SA1, s. 2759r Section 2759r. 125.69 (1) (b) 1. of the statutes is amended to read:

SB40-SSA1-SA1,225,10 125.69 (1) (b) 1. Except as provided under subds. 2. to subd. 4., no intoxicating liquor manufacturer, rectifier, winery, out-of-state shipper permittee, or wholesaler may hold any direct or indirect interest in any "Class B" license or permit or establishment or "Class C" license or establishment and no "Class B" licensee or permittee or "Class C" licensee may hold any direct or indirect interest in a wholesale permit or establishment.

SB40-SSA1-SA1, s. 2759s Section 2759s. 125.69 (1) (b) 2. and 3. of the statutes are repealed.

SB40-SSA1-SA1, s. 2759t Section 2759t. 125.69 (1) (c) (intro.) of the statutes is renumbered 125.69 (1) (c) and amended to read:

SB40-SSA1-SA1,225,20 125.69 (1) (c) No manufacturer, whether located within or without this state, may hold any direct or indirect interest in any wholesale permit or establishment, except as provided in s. 125.53, and except that a manufacturer that is also a brewer may hold a permit issued under s. 125.54 for the wholesale sale of wine only. This paragraph does not prohibit any of the following persons from obtaining a permit under s. 125.65:. Except as provided in s. 125.53, no retail licensee may hold any direct or indirect interest in any manufacturer, rectifier, or winery.

SB40-SSA1-SA1, s. 2759u Section 2759u. 125.69 (1) (c) 1. to 3. of the statutes are repealed.