AB150: Bill Text

AB150,1434,10 121.85 (6) (e) Sources of aid payments. State aid under this section shall be paid from the appropriation under s. 20.255 (2) (ac). Beginning in the 1996-97 school year, state aid under this section shall be paid from the appropriation under s. 20.835 (7) (ac).

AB150, s. 4103 Section 4103. 121.85 (6) (h) of the statutes is created to read:

AB150,1434,14 121.85 (6) (h) Aid reduction. Notwithstanding pars. (a), (b), (f) and (g), the amount of aid paid to the school board of a school district operating under ch. 119 under this section is subject to s. 119.23 (5) (am).

AB150, s. 4104 Section 4104. 121.85 (8) of the statutes is amended to read:

AB150,1434,22 121.85 (8) Transferred pupils. Pupils transferring schools under this section shall be subject to the same rules and regulations as resident pupils and shall have the responsibilities, privileges and rights of resident pupils in the school district or attendance area. Subject to this subsection, a pupil transferring schools under either sub. (3) (a) or (b) has the right to complete his or her education at the elementary, middle or high school to which he or she transfers so long as full funding therefor is available under s. 20.255 (2) (ac) or 20.835 (7) (ac).

AB150, s. 4105 Section 4105. 121.85 (9) (c) of the statutes is amended to read:

AB150,1435,2 121.85 (9) (c) The obligation under par. (a) to organize planning councils shall apply only with regard to school terms for which full pupil transfer aids are appropriated under s. 20.255 (2) (ac) or 20.835 (7) (ac) and planning council assistance funds are appropriated under s. 20.255 (1) (a).

AB150, s. 4106 Section 4106. 121.90 (2) of the statutes is amended to read:

AB150,1435,8 121.90 (2) "State aid" means aid under ss. 43.70, 115.34, 115.343, 115.345, 115.3615, 115.75, 115.88, 115.93, 115.995, 118.153, 118.255, 119.71 (2), 119.72 (5), 119.74, 119.75 (2) (a), 119.78 (2), 119.82 (3), 119.84, 121.08, 121.09, 121.10 and, 121.105, 121.41, 121.58 and 121.79 and subch. VI, as calculated for the current school year on October 15 under s. 121.15 (4).

AB150, s. 4107 Section 4107. 121.905 of the statutes is created to read:

AB150,1435,11 121.905 Applicability. (1) In this section, "revenue ceiling" means $5,200 in the 1995-96 school year and in any subsequent school year means $5,500.

AB150,1435,14 (2) The revenue limit under s. 121.91 does not apply to any school district in any school year in which its base revenue per member, as calculated under sub. (3), is less than its revenue ceiling.

AB150,1435,15 (3) A school district's base revenue per member is determined as follows:

AB150,1435,22 (a) Calculate the sum of the amount of aid received under ss. 121.08, 121.10 and 121.105 and subch. VI in the previous school year and property taxes levied for the previous school year, excluding funds described under s. 121.91 (4) (c), and the costs of the county handicapped children's education board program, as defined in s. 121.135 (2) (a) 2., for pupils who were school district residents and solely enrolled in a special education program provided by a county handicapped children's education board in the previous school year.

AB150,1436,2 (b) Divide the result in par. (a) by the sum of the average of the number of pupils in the 3 previous school years and the number of pupils who were school district residents and solely enrolled in a special education program provided by a county handicapped children's education board program in the previous school year.

AB150,1436,3 (c) Add $194 to the result in par. (b).

AB150,1436,7 (4) A school district that is exempt from the revenue limits under this section may not increase its base revenue per member to an amount that is greater than its revenue ceiling unless that school district follows the procedures prescribed in s. 121.91 (3).

AB150, s. 4108 Section 4108. 121.91 (2m) (intro.) and (a) (intro.) of the statutes are consolidated, renumbered 121.91 (2m) (intro.) and amended to read:

AB150,1436,13 121.91 (2m) (intro.)  Except as provided in subs. (3) and (4), no school district may increase its revenues for the 1995-96, 1996-97 or 1997-98 school year or for any school year thereafter to an amount that exceeds the greater of the following: (a) The amount calculated as follows:

AB150, s. 4109 Section 4109. 121.91 (2m) (a) 1. of the statutes is renumbered 121.91 (2m) (a).

AB150, s. 4110 Section 4110. 121.91 (2m) (a) 2. of the statutes is repealed.

AB150, s. 4111 Section 4111. 121.91 (2m) (a) 3. of the statutes is renumbered 121.91 (2m) (c) and amended to read:

AB150,1436,19 121.91 (2m) (c) Add $194 to the result under subd. 1. to the result under subd. 2. par. (a).

AB150, s. 4112 Section 4112. 121.91 (2m) (a) 4. of the statutes is renumbered 121.91 (2m) (d) and amended to read:

AB150,1436,23 121.91 (2m) (d) Multiply the result under subd. 3. par. (c) by the average of the number of pupils in the current and the 2 preceding school years.

AB150, s. 4113 Section 4113. 121.91 (2m) (b) of the statutes is repealed.

AB150, s. 4114 Section 4114. 121.91 (5) (a) of the statutes is amended to read:

AB150,1437,8 121.91 (5) (a) Upon request by a school board, the state superintendent department may increase the school district's limit under sub. (1) by the amount necessary to allow the school district to avoid increasing its level of short-term borrowing over the amount of short-term borrowing incurred by the school district in the 1992-93 school year if the school district presents clear and convincing evidence of the need for the increase in the limit. The school board shall provide the state superintendent department with any information that the state superintendent department requires to make his or her the determination.

AB150, s. 4115 Section 4115. 121.92 (3) of the statutes is created to read:

AB150,1437,16 121.92 (3) Beginning in the 1996-97 school year, from the appropriation under s. 20.835 (7) (am), the department of revenue shall pay a school district that was penalized in the prior school year under sub. (2) an amount that is equal to that school district's excess revenue that lapsed to the general fund in the prior school year under sub. (2) (d). The school board of a school district that is paid under this subsection shall reduce the school district's property tax levy by an amount that is equal to the amount received under this subsection.

AB150, s. 4116 Section 4116. 121.92 (3m) of the statutes is created to read:

AB150,1437,19 121.92 (3m) Notwithstanding sub. (2) (intro.), beginning in the 1996-97 school year, the department of revenue shall perform the duties under sub. (2).

AB150, s. 4117 Section 4117. 125.03 (4) of the statutes is created to read:

AB150,1437,24 125.03 (4) Term of permits. Notwithstanding s. 125.04 (11) (a), the department may prescribe the term for which permits issued under this chapter are valid. This subsection does not apply to Class "B" permits under s. 125.27 or "Class B" permits under s. 125.51 (5).

AB150, s. 4118 Section 4118. 125.19 (3) of the statutes is amended to read:

AB150,1438,3 125.19 (3) Fee. The annual fee for an alcohol beverage warehouse permit is $100, or an amount prescribed by the department by rule, for each place covered by a permit.

AB150, s. 4119 Section 4119. 125.275 (4) of the statutes is renumbered 125.275 (4) (a).

AB150, s. 4120 Section 4120. 125.275 (4) (b) of the statutes is created to read:

AB150,1438,7 125.275 (4) (b) Notwithstanding par. (a), the department may, by rule, prescribe the term of, and the fee for, an industrial fermented malt beverages permit.

AB150, s. 4121 Section 4121. 125.29 (1) of the statutes is renumbered 125.29 (1) (a) and amended to read:

AB150,1438,15 125.29 (1) (a) No person may operate as a brewer unless that person obtains a permit from the department. Each wholesaler required to register under s. 139.09 shall obtain a permit under this subsection paragraph. The fee for a permit under this subsection paragraph is $25, and that permit is valid for 2 years, except that, if a person applies for the permit after the beginning of the permit period, the permit is valid until the end of the permit period.

AB150, s. 4122 Section 4122. 125.29 (1) (b) of the statutes is created to read:

AB150,1438,18 125.29 (1) (b) Notwithstanding par. (a), the department may, by rule, prescribe the term of, and the fee for, a permit under this section.

AB150, s. 4123 Section 4123. 125.30 (4) of the statutes is amended to read:

AB150,1438,21 125.30 (4) The fee for an out-of-state shipper's permit is $50 or an amount prescribed by the department by rule.

AB150, s. 4124 Section 4124. 125.52 (4) of the statutes is renumbered 125.52 (4) (a).

AB150, s. 4125 Section 4125. 125.52 (4) (b) of the statutes is created to read:

AB150,1439,3 125.52 (4) (b) Notwithstanding par. (a), the department may, by rule, prescribe the term for which manufacturers' and rectifiers' permits issued under sub. (1) are valid.

AB150, s. 4126 Section 4126. 125.52 (5) of the statutes is renumbered 125.52 (5) (a) and amended to read:

AB150,1439,10 125.52 (5) (a) The annual fees fee for a manufacturer's or rectifier's permit issued under sub. (1) is $500. The fee for a limited manufacturer's permit issued under sub. (2) is $25, and the permit is valid for 2 years, except that, if a person applies for the permit after the beginning of the permit period, the permit is valid until the end of the permit period.

AB150, s. 4127 Section 4127. 125.52 (5) (b) of the statutes is created to read:

AB150,1439,13 125.52 (5) (b) Notwithstanding par. (a), the department may, by rule, prescribe the fee for a manufacturer's, rectifier's or limited manufacturer's permit.

AB150, s. 4128 Section 4128. 125.53 (3) of the statutes is amended to read:

AB150,1439,16 125.53 (3) The annual fee for a winery permit is $100 or an amount prescribed by the department by rule.

AB150, s. 4129 Section 4129. 125.54 (3) of the statutes is renumbered 125.54 (3) (a).

AB150, s. 4130 Section 4130. 125.54 (3) (b) of the statutes is created to read:

AB150,1439,20 125.54 (3) (b) Notwithstanding par. (a), the department may, by rule, prescribe the term of a wholesaler's permit.

AB150, s. 4131 Section 4131. 125.54 (4) of the statutes is amended to read:

AB150,1439,23 125.54 (4) Fees. The annual fee for a wholesaler's permit is $500 or an amount prescribed by the department by rule.

AB150, s. 4132 Section 4132. 125.55 (3) of the statutes is amended to read:

AB150,1440,2 125.55 (3) The annual fee for any combination permit issued under sub. (1) is $1,000 or an amount prescribed by the department by rule.

AB150, s. 4133 Section 4133. 125.56 (2) (d) of the statutes is amended to read:

AB150,1440,5 125.56 (2) (d) A sacramental wine permit shall be issued free of charge by the department and is not subject to s. 125.03 (4) or 125.04 (11) (a).

AB150, s. 4134 Section 4134. 125.58 (3) of the statutes is amended to read:

AB150,1440,8 125.58 (3) The annual fee for an out-of-state shipper's permit is $250 or an amount prescribed by the department by rule.

AB150, s. 4135 Section 4135. 125.60 (5) of the statutes is renumbered 125.60 (5) (a).

AB150, s. 4136 Section 4136. 125.60 (5) (b) of the statutes is created to read:

AB150,1440,12 125.60 (5) (b) Notwithstanding par. (a), the department may, by rule, prescribe the term of, and the fee for, a wholesale alcohol permit.

AB150, s. 4137 Section 4137. 125.61 (4) of the statutes is amended to read:

AB150,1440,15 125.61 (4) A medicinal permit shall be issued free of charge by the department and is not subject to s. 125.03 (4) or 125.04 (11) (a).

AB150, s. 4138 Section 4138. 125.62 (4) of the statutes is renumbered 125.62 (4) (a).

AB150, s. 4139 Section 4139. 125.62 (4) (b) of the statutes is created to read:

AB150,1440,19 125.62 (4) (b) Notwithstanding par. (a), the department may, by rule, prescribe the term of, and the fee for, an industrial alcohol permit.

AB150, s. 4140 Section 4140. 125.63 (4) of the statutes is renumbered 125.63 (4) (a).

AB150, s. 4141 Section 4141. 125.63 (4) (b) of the statutes is created to read:

AB150,1440,23 125.63 (4) (b) Notwithstanding par. (a), the department may, by rule, prescribe the term of, and the fee for, an industrial wine permit.

AB150, s. 4142 Section 4142. 125.65 (5) of the statutes is renumbered 125.65 (5) (a).

AB150, s. 4143 Section 4143. 125.65 (5) (b) of the statutes is created to read:

AB150,1441,2 125.65 (5) (b) Notwithstanding par. (a), the department may, by rule, prescribe the term of, and the fee for, a permit under this section.

AB150, s. 4144 Section 4144. 132.13 (2) of the statutes is amended to read:

AB150,1441,9 132.13 (2) It shall be the duty of the department of industry, labor and human relations and of the district attorneys of the several counties to enforce this section, whenever any complaint or other evidence leads them to reasonably believe that this section has been violated. The district attorney shall upon receipt of such complaint or other evidence at once institute proper legal proceedings to compel compliance therewith.

AB150, s. 4145 Section 4145. 133.12 of the statutes is amended to read:

AB150,1441,23 133.12 Domestic and foreign corporations and limited liability companies; cancellation of charters or certificates of authority for restraining trade; affidavit. Any corporation or limited liability company organized under the laws of this state or foreign corporation or foreign limited liability company authorized to transact business in this state pursuant to a certificate of authority from the secretary of state department of revenue which violates any provision of this chapter, may, upon proof thereof, in any circuit court have its charter or authority to transact business in this state suspended, canceled or annulled. Every corporation or limited liability company shall, in its annual report filed with the secretary of state department of revenue, show whether it has entered into any contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce. The department of justice shall enforce this section.

AB150, s. 4146 Section 4146. 133.16 of the statutes is amended to read:

AB150,1442,22 133.16 Injunction; pleading; practice. Any circuit court may prevent or restrain, by injunction or otherwise, any violation of this chapter. The department of justice, any district attorney or any person by complaint may institute actions or proceedings to prevent or restrain a violation of this chapter, setting forth the cause and grounds for the intervention of the court and praying that such violation, whether intended or continuing be enjoined or prohibited. When the parties informed against or complained of have been served with a copy of the information or complaint and cited to answer it, the court shall proceed, as soon as may be in accordance with its rules, to the hearing and determination of the case; and pending the filing of the answer to such information or complaint may, at any time, upon proper notice, make such temporary restraining order or prohibition as is just. Whenever it appears to the court that the ends of justice require that other persons be made parties to the action or proceeding the court may cause them to be made parties in such manner as it directs. Where The party commencing or maintaining the action or proceeding is brought and maintained by a private party, that party may demand and recover the cost of suit including reasonable attorney fees. In an action commenced by the department of justice, the court may award the department of justice the costs of investigation and an amount reasonably necessary to remedy the harmful effects of the violation. The department of justice shall deposit in the state treasury for deposit in the general fund all moneys that the court awards to the department or the state under this section. Copies of all pleadings filed under this section shall be served on the department of justice.

AB150, s. 4147 Section 4147. 134.45 (3) (b) of the statutes is amended to read:

AB150,1443,3 134.45 (3) (b) A domestic or foreign corporation, association or limited liability company exercising any of the powers, franchises or functions of a business entity in this state that violates any provision of this section, shall not have the right of, and shall be prohibited from, doing business in this state, and the secretary of state department of revenue shall revoke its certificate to do business in this state.

AB150, s. 4148 Section 4148. 134.60 of the statutes is amended to read:

AB150,1444,10 134.60 Cutting or transportation of evergreens. No person may cut for sale in its natural condition and untrimmed, with or without roots, any evergreen or coniferous tree, branch, bough, bush, sapling or shrub, from the lands of another without the written consent of the owner, whether such land is publicly or privately owned. The written consent shall contain the legal description of the land where the tree, branch, bough, bush, sapling or shrub was cut, as well as the name of the legal owner. The written consent or a certified copy of the consent shall be carried by every person in charge of the cutting or removing of the trees, branches, boughs, bushes, saplings or shrubs, and shall be exhibited to any officer of the law, forest ranger, forest patrol officer, state park ranger, conservation warden, or other officer of the department of natural resources at the officer's request at any time. The officer may inspect the trees, branches, boughs, bushes, saplings or shrubs when being transported in any vehicle or other means of conveyance and may investigate to determine whether or not this section has been complied with. The officer may stop any vehicle or means of conveyance found carrying any trees, branches, boughs, bushes, saplings or shrubs upon any public highway of this state for the purpose of making such inspection and investigation, and may seize and hold, subject to the order of the court, any such trees, bushes, saplings or shrubs found being cut, removed or transported in violation of this section. No person may ship or transport any such trees, bushes, saplings or shrubs outside the county where they were cut unless the person attaches to the outside of each package, box, bale, truckload or carload shipped a tag or label on which appears the person's name and address. No common carrier or truck hauler may receive for shipment or transportation any such trees, bushes, saplings or shrubs unless the tag or label is attached. Any person who violates this section shall be fined not less than $10 nor more than $100. Any person who signs any such written consent or certified copy under this section who is not authorized to do so, and any person who lends or transfers or offers to lend or transfer any such written consent or certified copy to another person who is not entitled to use it, and any person not entitled to use any such written consent or certified copy, or who borrows, receives or solicits from another any such written consent or certified copy thereof shall be fined not less than $100 nor more than $500.