AB150: Bill Text Engrossed

AB150-engrossed,1471,25 3. Add the result under subd. 1. to the result under subd. 2.

AB150-engrossed,1472,2 4. Multiply the result under subd. 3. by the average of the number of pupils in the current and the 2 preceding school years.

AB150-engrossed,1472,5 (d) Except as provided in subs. (3) and (4), no school district may increase its revenues for the 1998-99 school year or for any school year thereafter to an amount that exceeds the amount calculated as follows:

AB150-engrossed,1472,9 1. Divide the sum of the amount of state aid received in the previous school year and property taxes levied for the previous school year, excluding funds described under sub. (4) (c), by the average of the number of pupils in the 3 previous school years.

AB150-engrossed,1472,12 2. Multiply the amount determined under par. (c) 2. for the previous school year by the sum of 1.0 plus the allowable rate of increase under s. 73.0305 expressed as a decimal.

AB150-engrossed,1472,13 3. Add the result under subd. 1. to the result under subd. 2.

AB150-engrossed,1472,15 4. Multiply the result under subd. 3. by the average of the number of pupils in the current and the 2 preceding school years.

AB150-engrossed, s. 4113g Section 4113g. 121.91 (4) (a) 3. of the statutes is created to read:

AB150-engrossed,1472,21 121.91 (4) (a) 3. If responsibility for providing a service is transferred from one school board to another under subds. 1. and 2., the department shall ensure that the amount of the decrease in the former school district's limit under sub. (2m) shall be equal to or greater than the amount of the increase in the latter school district's limit under sub. (2m).

AB150-engrossed, s. 4113m Section 4113m. 121.91 (4) (d) and (e) of the statutes are created to read:

AB150-engrossed,1473,3 121.91 (4) (d) If a school district's revenue in the preceding school year was less than the limit under sub. (2) or (2m) in the preceding school year, the limit otherwise applicable to the school district's revenue in the current school year under sub. (2m) is increased by an amount equal to 75% of the difference between the amount of its revenue in the preceding school year and the amount of the limit in the preceding school year under sub. (2) or (2m).

AB150-engrossed,1473,8 (e) If a school district receives less aid under 20 USC 7701 to 7703 in the 1994-95 school year or in any school year thereafter than it received in the previous school year, the limit otherwise applicable to the school district's revenue in the following school year under sub. (2m) is increased by an amount equal to the reduction in such aid.

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

AB150-engrossed,1473,17 121.91 (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-engrossed, s. 4117b Section 4117b. 125.04 (11) (a) 1. of the statutes is renumbered 125.04 (11) (a) and amended to read:

AB150-engrossed,1473,21 125.04 (11) (a) Permits. Retail All permits to sell alcohol beverages shall expire on June 30 of each year as specified in the valid certificate issued under s. 73.03 (50).

AB150-engrossed, s. 4117c Section 4117c. 125.04 (11) (a) 2. of the statutes is repealed.

AB150-engrossed, s. 4118m Section 4118m. 125.19 (2) of the statutes is amended to read:

AB150-engrossed,1474,4 125.19 (2) Eligibility. Alcohol beverage warehouse permits may be issued only to any a person who holds a valid certificate issued under s. 73.03 (50) and is qualified under s. 125.04 (5), except a person acting as an agent for or in the employ of another. 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.

AB150-engrossed, s. 4118r Section 4118r. 125.19 (3) of the statutes is repealed.

AB150-engrossed, s. 4119g Section 4119g. 125.27 (1) (a) of the statutes is amended to read:

AB150-engrossed,1474,15 125.27 (1) (a) The department shall issue Class "B" permits to clubs holding a valid certificate issued under s. 73.03 (50) that are operated solely for the playing of golf or tennis and are commonly known as country clubs and to clubs that are operated solely for curling, ski jumping or yachting, if the club is not open to the general public and if no Class "B" licenses are issued by the governing body of the municipality in which the club is located. A Class "B" permit authorizes retail sales of fermented malt beverages to be consumed on the premises where sold. Persons holding a Class "B" permit may sell beverages containing less than 0.5% of alcohol by volume without obtaining a license under s. 66.053 (1).

AB150-engrossed, s. 4119m Section 4119m. 125.27 (1) (c) of the statutes is repealed.

AB150-engrossed, s. 4119r Section 4119r. 125.27 (2) (a) 1. (intro.) of the statutes is amended to read:

AB150-engrossed,1474,22 125.27 (2) (a) 1. (intro.) The department may issue a Class "B" permit to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5) authorizing the sale of fermented malt beverages for consumption on any vessel having a regular place of mooring located in any waters of this state as defined under s. 29.01 (9) and (11) if any of the following applies:

AB150-engrossed, s. 4120m Section 4120m. 125.27 (2) (c) of the statutes is repealed.

AB150-engrossed, s. 4121m Section 4121m. 125.275 (1) of the statutes is amended to read:

AB150-engrossed,1475,5 125.275 (1) The department may issue an industrial fermented malt beverages permit which authorizes the permittee to purchase and use fermented malt beverages for industrial purposes only. Such permits may be issued only to persons who prove to the department that they use alcohol for industrial purposes and who holds a valid certificate issued under s. 73.03 (50).

AB150-engrossed, s. 4121r Section 4121r. 125.275 (4) of the statutes is repealed.

AB150-engrossed, s. 4122m Section 4122m. 125.29 (1) of the statutes is amended to read:

AB150-engrossed,1475,14 125.29 (1) Permit. 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. The fee for a permit under this subsection 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 A permit under this section may only be issued to a person who holds a valid certificate issued under s. 73.03 (50).

AB150-engrossed, s. 4123c Section 4123c. 125.30 (3) of the statutes is amended to read:

AB150-engrossed,1475,23 125.30 (3) Out-of-state shippers' permits may be issued only to any a person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5). Notwithstanding s. 125.04 (5) (a), natural persons obtaining out-of-state 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 qualified for a permit under this section. Notwithstanding s. 125.04 (6), corporations or limited liability companies obtaining out-of-state shippers' permits are not required to appoint agents.

AB150-engrossed, s. 4123d Section 4123d. 125.30 (4) of the statutes is repealed.

AB150-engrossed, s. 4123g Section 4123g. 125.51 (4) (t) of the statutes is renumbered 125.51 (4) (t) 1.

AB150-engrossed, s. 4123h Section 4123h. 125.51 (4) (t) 2. of the statutes is created to read:

AB150-engrossed,1476,4 125.51 (4) (t) 2. No license may be issued under subd. 1. after the effective date of this subdivision .... [revisor inserts date], but a license issued under subd. 1. before the effective date of this subdivision .... [revisor inserts date], may be renewed.

AB150-engrossed, s. 4123m Section 4123m. 125.51 (4) (u) of the statutes is created to read:

AB150-engrossed,1476,9 125.51 (4) (u) 1. Notwithstanding the quota of a municipality, its governing body may issue a license to a corporation that holds a Class "B" license, a "Class C" license and a "Class A" license since January 1, 1992, if the licenses are issued by that governing body.

AB150-engrossed,1476,14 2. No license may be issued under subd. 1. after September 1, 1995, or 30 days after the effective date of this subdivision .... [revisor inserts date], whichever is later, but a license issued under subd. 1. on or before September 1, 1995, or on or before 30 days after the effective date of this subdivision .... [revisor inserts date], whichever is later, may be renewed.

AB150-engrossed, s. 4124m Section 4124m. 125.51 (5) (a) 1. of the statutes is amended to read:

AB150-engrossed,1477,3 125.51 (5) (a) 1. The department shall issue "Class B" permits to clubs which that are operated solely for the playing of golf or tennis and are commonly known as country clubs and to clubs which are operated solely for curling, ski jumping or yachting. A "Class B" permit may be issued only to a club that holds a valid certificate issued under s. 73.03 (50), that is not open to the general public and that is located in a municipality that does not issue "Class B" licenses or to a club located in a municipality that issues "Class B" licenses, if the club holds a valid certificate issued under s. 73.03 (50), is not open to the general public, was not issued a license under s. 176.05 (4a), 1979 stats., and does not currently hold a "Class B" license. The permits may be issued by the department without regard to any local option exercised under s. 125.05 and without regard to any quota under sub. (4). The holder of a "Class B" permit may sell intoxicating liquor for consumption by the glass and not in the original package or container on the premises covered by the permit.

AB150-engrossed, s. 4124r Section 4124r. 125.51 (5) (a) 4. of the statutes is amended to read:

AB150-engrossed,1477,11 125.51 (5) (a) 4. The department may annually issue a "Class B" permit to any club that holds a valid certificate issued under s. 73.03 (50), is organized to engage in sports similar to curling, golf, tennis or yachting which and that held a license from July 1, 1950, to June 30, 1951, as long as it is continuously operated under substantially the same circumstances under which it operated during the year beginning July 1, 1950, if the club is located in a municipality that does not issue "Class B" licenses.

AB150-engrossed, s. 4125g Section 4125g. 125.51 (5) (a) 5. of the statutes is repealed.

AB150-engrossed, s. 4125m Section 4125m. 125.51 (5) (b) 2. of the statutes is amended to read:

AB150-engrossed,1477,20 125.51 (5) (b) 2. The department shall issue a "Class B" permit to a concessionaire conducting that holds a valid certificate issued under s. 73.03 (50) and that conducts business in an operating airport or public facility, if the county or municipality which owns the airport or public facility has, by resolution of its governing body, annually applied to the department for the permit. The permit authorizes the sale of intoxicating liquor for consumption by the glass and not in the original package or container on the premises.

AB150-engrossed, s. 4125r Section 4125r. 125.51 (5) (b) 5. of the statutes is repealed.

AB150-engrossed, s. 4126g Section 4126g. 125.51 (5) (c) 1. of the statutes is amended to read:

AB150-engrossed,1478,15 125.51 (5) (c) 1. The department may issue a "Class B" permit to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5) authorizing the sale of intoxicating liquor for consumption on any vessel having a regular place of mooring located in any waters of this state as defined under s. 29.01 (9) and (11) if the vessel either serves food and has an approved passenger capacity of not less than 40 individuals and the sale of intoxicating liquor and fermented malt beverages on the vessel accounts for less than 50% of the gross receipts of all of the food and beverages served on the vessel or if the vessel has an approved passenger capacity of at least 100 individuals and the sale of intoxicating liquor and fermented malt beverages on the vessel accounts for less than 50% of the gross receipts of the vessel. The department may issue the permit only if the vessel leaves its place of mooring while the sale of intoxicating liquor is taking place and if the vessel fulfills the requirement under par. (c) 1m. A permit issued under this subdivision also authorizes the permittee to store intoxicating liquor purchased for sale on the vessel on premises owned or leased by the permittee and located near the vessel's regular place of mooring. The permittee shall describe on the permit application under s. 125.04 (3) (a) 3 the premises where the intoxicating liquor will be stored. The premises shall be open to inspection by the department upon request.

AB150-engrossed, s. 4127m Section 4127m. 125.51 (5) (c) 2. of the statutes is repealed.

AB150-engrossed, s. 4128m Section 4128m. 125.52 (3) of the statutes is amended to read:

AB150-engrossed,1478,24 125.52 (3) Persons eligible. Except as provided under s. 125.69, a manufacturer's or rectifier's permit may be issued to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5), except a foreign corporation, a foreign limited liability company or a person acting as an agent for or in the employ of another. 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.

AB150-engrossed, s. 4129m Section 4129m. 125.52 (4) of the statutes is repealed.

AB150-engrossed, s. 4130m Section 4130m. 125.52 (5) of the statutes is repealed.

AB150-engrossed, s. 4131m Section 4131m. 125.53 (1) of the statutes is amended to read:

AB150-engrossed,1479,11 125.53 (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. A permittee 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.

AB150-engrossed, s. 4132m Section 4132m. 125.53 (3) of the statutes is repealed.

AB150-engrossed, s. 4132r Section 4132r. 125.54 (2) of the statutes is amended to read:

AB150-engrossed,1479,20 125.54 (2) Persons eligible. Except as provided under s. 125.69, a wholesaler's permit may be issued to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5), except a foreign corporation, a foreign limited liability company or a person acting as an agent for or in the employ of another. 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.

AB150-engrossed, s. 4133g Section 4133g. 125.54 (3) of the statutes is repealed.

AB150-engrossed, s. 4134g Section 4134g. 125.54 (4) of the statutes is repealed.

AB150-engrossed, s. 4134m Section 4134m. 125.55 (3) of the statutes is repealed.

AB150-engrossed, s. 4134r Section 4134r. 125.58 (2) of the statutes is amended to read:

AB150-engrossed,1480,9 125.58 (2) Out-of-state shippers' permits may be issued only to any a person except who holds a valid certificate issued under s. 73.03 (50), but may not be issued to a person acting as an agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a), natural persons obtaining out-of-state 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 out-of-state shippers' permits are not required to appoint agents.

AB150-engrossed, s. 4135g Section 4135g. 125.58 (3) of the statutes is repealed.

AB150-engrossed, s. 4135m Section 4135m. 125.60 (2) of the statutes is amended to read:

AB150-engrossed,1480,16 125.60 (2) Wholesale alcohol permits may be issued to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5), except a person acting as an agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be qualified for a permit under this section.

AB150-engrossed, s. 4136m Section 4136m. 125.60 (5) of the statutes is repealed.

AB150-engrossed, s. 4137m Section 4137m. 125.62 (2) of the statutes is amended to read:

AB150-engrossed,1480,23 125.62 (2) Industrial alcohol permits may be issued to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5), except a person acting as agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be qualified for a permit under this section.

AB150-engrossed, s. 4138m Section 4138m. 125.62 (4) of the statutes is repealed.

AB150-engrossed, s. 4139m Section 4139m. 125.63 (2) of the statutes is amended to read:

AB150-engrossed,1481,5 125.63 (2) Industrial wine permits may be issued to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5), except a person acting as an agent for or in the employ of another. Notwithstanding s. 125.04 (5) (a) 5., a person is not required to complete a responsible beverage server training course to be qualified for a permit under this section.

AB150-engrossed, s. 4140m Section 4140m. 125.63 (4) of the statutes is repealed.

AB150-engrossed, s. 4141m Section 4141m. 125.65 (2) of the statutes is amended to read:

AB150-engrossed,1481,10 125.65 (2) Permits for wholesale sale for future delivery may be issued to any person who holds a valid certificate issued under s. 73.03 (50), who is qualified under s. 125.04 (5) (a) 1. and (b) and who is at least 18 years of age.

AB150-engrossed, s. 4142m Section 4142m. 125.65 (5) of the statutes is repealed.

AB150-engrossed, s. 4143b Section 4143b. 125.66 (4) of the statutes is created to read:

AB150-engrossed,1481,15 125.66 (4) Notwithstanding sub. (1) and s. 125.04 (1), a "Class A" licensee who sells intoxicating liquor to a "Class B" licensee for resale may be fined not more than $100.

AB150-engrossed, s. 4143g Section 4143g. 125.69 (6) of the statutes is amended to read:

AB150-engrossed,1481,20 125.69 (6) Campuses and retailers to purchase from persons holding permits. (a) No campus or retail licensee or permittee may purchase or possess intoxicating liquor purchased from any person other than a manufacturer, rectifier or wholesaler holding a permit under this chapter for the sale of intoxicating liquor.

AB150-engrossed,1482,2 (b) Any person who violates this subsection may par. (a), if the total volume of intoxicating liquor purchased or possessed by that person in one month is 12 liters or less, may be required to forfeit not more than $100. A person who purchases or possesses more than 12 liters of intoxicating liquor in one month in violation of par. (a) shall be fined not less than $1,000 nor more than $10,000 or imprisoned for not more than 9 months or both.

AB150-engrossed, s. 4143m Section 4143m. 125.69 (6) (c) of the statutes is created to read:

AB150-engrossed,1482,7 125.69 (6) (c) Notwithstanding par. (b), a "Class B" licensee who purchases intoxicating liquor from a "Class A" licensee for resale or who possesses intoxicating liquor purchased from a "Class A" licensee for resale may be fined not more than $100.

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

AB150-engrossed,1482,14 132.13 (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-engrossed, s. 4145b Section 4145b. 133.12 of the statutes is amended to read:

AB150-engrossed,1483,3 133.12 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 financial institutions 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 financial institutions, 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.