(c) 1. In addition to imposing any penalty provided under s. 125.11, a court may order a wholesaler who violates this subsection 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 may further order that the wholesaler's permit be revoked except that, if the wholesaler violates par. (a) 2., the permit shall be revoked.
2. In addition to imposing any penalty provided under s. 125.11, a court may 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 may further order that the retail license or permit be revoked.
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.
(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.
(End)
LRB-1837LRB-1837/2
RAC:cjs&jld:ch
2005 - 2006 LEGISLATURE
DOA:......Hoadley - Lapses and fund transfers relating to WRS unfunded retirement liability debt service
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
State government
State finance
In the last fiscal biennium, obligations were issued by the state to pay the state's unfunded liabilities under the Wisconsin Retirement System (WRS). These liabilities had been incurred as a result of unfunded benefit improvements under the WRS and their cost had been allocated to each state agency as part of its required WRS contributions. This bill requires the secretary of administration during the 2005-07 fiscal biennium to lapse or transfer to the general fund from appropriations to each state agency, other than DETF and the State of Wisconsin Investment Board, moneys that would otherwise have been expended by the state agency to pay the WRS unfunded liabilities had the obligations not been issued. In addition, the bill requires the secretary in each future fiscal biennium to lapse or transfer these moneys to the general fund based on each state agency's proportionate share of all state retirement contributions that are required to be paid in that fiscal biennium.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 16.529 of the statutes is repealed and recreated to read:
16.529 Lapses and fund transfers relating to unfunded retirement liability debt service. (1) The definitions in s. 20.001 are applicable in this section, except that "state agency" does not include the department of employee trust funds or the investment board.
(2) Beginning in the 2007-09 fiscal biennium, during each fiscal biennium the secretary shall lapse to the general fund or transfer to the general fund from each state agency appropriation specified in sub. (3) an amount equal to that portion of the total amount of principal and interest to be paid on obligations issued under s. 16.527 during the fiscal biennium that is allocable to the appropriation, as determined under sub. (3).
(3) The secretary shall determine the amounts of the allocations required under sub. (2) as follows:
(a) The secretary shall first determine the total amount of Wisconsin retirement system contributions that are to be paid by the state under s. 40.05 during the fiscal biennium.
(b) The secretary shall then determine the percentage of the total amount determined under par. (a) that is allocable to each state agency appropriation from which Wisconsin retirement system contributions under s. 40.05 are paid. The secretary shall exclude from this determination any appropriation from which a lapse or transfer to pay any principal or interest amount on obligations issued under s. 16.527 would violate a condition imposed by the federal government on the expenditure of the moneys or if the lapse or transfer would violate the federal or state constitution.
(c) For each appropriation identified under par. (b), the secretary shall then apply the percentage calculated under par. (b) to the total amount of principal and interest to be paid during the fiscal biennium on obligations issued under s. 16.527. This amount is the portion of the total amount of principal and interest paid on the obligations during that fiscal biennium that is allocable to each appropriation.
SECTION 9155. Nonstatutory provisions; other.
(1) STATE AGENCY PAYMENTS RELATING TO UNFUNDED LIABILITIES UNDER THE WISCONSIN RETIREMENT SYSTEM.
(a) The definitions in section 20.001 of the statutes are applicable in this subsection, except that "state agency" does not include the department of employee trust funds or the investment board.
(b) The secretary of administration shall determine for each state agency the amount that the state agency would have been required to expend under section 40.05 (2) (b) and (4) (b), (bc), and (bw) and subchapter IX of chapter 40 of the statutes during the 2005-07 fiscal biennium had the obligations under section 16.527 of the statutes not been issued, and each appropriation from which the moneys would have been expended. The secretary shall exclude from this determination any appropriation from which a lapse or transfer to pay any principal or interest amount on obligations issued under section 16.527 of the statutes would violate a condition imposed by the federal government on the expenditure of the moneys or if the lapse or transfer would violate the federal or state constitution.
(c) From each appropriation identified in paragraph (b), the secretary shall lapse to the general fund or transfer to the general fund the amount specified in paragraph (b) that would otherwise have been expended from the appropriation.
(End)
LRB-1838LRB-1838/4
MJL:wlj:jf
2005 - 2006 LEGISLATURE
DOA:......Binau, BB0469 - Report on UWS faculty creation
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Education
Higher education
This bill requires the Board of Regents of the UW System to submit to the secretary of administration by August 1, 2006, a report that describes by position classification and campus the faculty and instructional staff positions that were created from July 1, 2004, to July 1, 2006, to promote access to the UW System.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 9152. Nonstatutory provisions; University of Wisconsin System.
(1) POSITION REPORT. No later than August 1, 2006, the Board of Regents of the University of Wisconsin System shall submit to the secretary of administration a report that describes by position classification and campus the faculty and instructional staff positions that were created from July 1, 2004, to July 1, 2006, to promote access to the University of Wisconsin System.
(End)
LRB-1839LRB-1839/2
MJL:wlj:jf
2005 - 2006 LEGISLATURE
DOA:......Binau, BB0468 - Administrative reduction plan
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
EducaTion
Higher education
This bill requires the Board of Regents (board) of the UW System to file a plan with DOA to eliminate 200 UW System administrative positions. Unless the secretary of administration approves the plan, the board loses the authority, under current law, to create or abolish faculty and academic staff positions from general program operations funding during the 2006-07 fiscal year.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 9152. Nonstatutory provisions; University of Wisconsin System.
(1) PLAN TO ELIMINATE POSITIONS. By May 30, 2006, the Board of Regents of the University of Wisconsin System shall submit to the secretary of administration for his or her approval a plan to eliminate 200 administrative positions within the University of Wisconsin System, specified by position classification and location. Notwithstanding section 16.505 (2p) of the statutes, the Board of Regents of the University of Wisconsin System may not during the 2006-07 fiscal year create any full-time equivalent academic staff or faculty positions from revenues appropriated under section 20.285 (1) (a) of the statutes until the secretary of administration approves the plan.
(End)
LRB-1840LRB-1840/1
MJL:wlj:rs
2005 - 2006 LEGISLATURE
DOA:......Binau - Tuition remissions
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Education
Higher education
Current law authorizes the Board of Regents of the UW System to award nonresident tuition exemptions to different categories of students, but the number of remissions for each category is limited. This bill eliminates these limits.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 36.27 (3) (a) of the statutes is amended to read:
36.27 (3) (a) To a number of needy and worthy nonresident students upon the basis of merit, to be shown by suitable tests, examinations or scholastic records and continued high standards of scholastic attainment. The aggregate amount of these nonresident remissions of tuition shall not exceed an amount equal to full remissions for 8% of the number of nonresident students registered at that institution in the preceding year, excluding those students participating in interstate agreements under s. 39.42.
SECTION 2. 36.27 (3) (b) of the statutes is amended to read:
36.27 (3) (b) To additional individual students who, in the judgment of the board, are deserving of relief from the assessment of nonresident tuition because of extraordinary circumstances. The aggregate amount of these nonresident remissions of tuition shall not exceed an amount equal to full remissions for 2% of the number of nonresident students registered in the preceding year, excluding those students participating in interstate agreements under s. 39.42.
SECTION 3. 36.27 (3) (c) of the statutes is amended to read:
36.27 (3) (c) The board may remit nonresident tuition, in whole or in part, but no other fees, except in special circumstances as approved by the chancellor, to worthy and needy foreign students and to students who are United States citizens but whose residence is not in the United States. The number of such remissions which may be awarded in any academic year at an institution shall not exceed 2% of the total full-time enrollment of students at that institution for the preceding academic year.
(End)
LRB-1851LRB-1851/1
RCT:cjs:jf
2005 - 2006 LEGISLATURE
DOA:......Walker - Grain inspection funding
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Agriculture
Current law authorizes DATCP to inspect and certify agricultural products, including grain, and to charge fees for conducting the inspection and certification. This bill requires DOA to annually determine whether the accumulated expenses for the inspection and certification of grain exceed the accumulated revenues from the fees and, if so, to transfer the unencumbered balances in DATCP's general program operations appropriations to the grain inspection appropriation to cover the excess.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 16.56 of the statutes is created to read:
16.56 Grain inspection funding. On June 30 of each fiscal year, the department shall determine whether the accumulated expenses for the inspection and certification of grain under s. 93.06 (1m) have exceeded the accumulated revenues from conducting that inspection and certification as of that date. If so, immediately before the end of the fiscal year, the department shall transfer the unencumbered balances in the appropriation accounts under s. 20.115 (1) (a), (2) (a), (3) (a), (7) (a), and (8) (a), up to the amount of the excess, to the appropriation account under s. 20.115 (1) (h).
SECTION 2. 20.115 (1) (h) of the statutes is amended to read:
20.115 (1) (h) Grain inspection and certification. All moneys received for the inspection and certification of grain received in or shipped from the port of Milwaukee, the port of Superior or other locations in this state under s. 93.06 (1m), to carry out the purposes for which they are received and all moneys transferred under s. 16.56, for the expenses of inspecting and certifying grain under s. 93.06 (1m).
(End)
LRB-1858LRB-1858/2
MJL&PG:cjs:pg
2005 - 2006 LEGISLATURE
DOA:......Binau, BB0462 - Eliminate two appropriations
For 2005-07 Budget -- Not Ready For Introduction
