AB100: Bill Text

AB100, s. 1898 Section 1898. 121.08 (4) (a) (intro.), 2. and 3. of the statutes are amended to read:

AB100,911,7 121.08 (4) (a) (intro.) The amount of state aid that a school district is eligible to be paid from the appropriations under s. 20.255 (2) (ac) and, (af), and(r) shall be reduced by the amount determined as follows:

AB100,911,10 2. Divide the sum under subd. 1. by the total amount of state aid that all school districts are eligible to be paid from the appropriations under s. 20.255 (2) (ac) and, (af), and (r), calculated as if the reduction under par. (b) had not occurred.

AB100,911,13 3. Multiply the amount of state aid that the school district is eligible to be paid from the appropriations under s. 20.255 (2) (ac) and ,(af), and (r), calculated as if the reduction under par. (b) had not occurred, by the quotient under subd. 2.

AB100, s. 1899 Section 1899. 121.08 (4) (b) of the statutes is amended to read:

AB100,911,18 121.08 (4) (b) The amount of state aid that the school district operating under ch. 119 is eligible to be paid from the appropriations under s. 20.255 (2) (ac), (af), and (r) shall also be reduced by 45% of the amounts paid under s. 119.23 (4) and (4m) in the current school year.

AB100, s. 1900 Section 1900. 121.09 (1) of the statutes is amended to read:

AB100,912,12 121.09 (1) If, on or after July 1, 1980, the tax appeals commission or a court makes a final redetermination on the assessment of property subject to taxation under s. 70.995 that is lower than the previous assessment, or if, on or after January 1, 1982, the state board of assessors makes a final redetermination on the assessment of property subject to taxation under s. 70.995 that is lower than the previous assessment, the school board of the school district in which the property is located may, within 4 years after the date of the determination, decision, or judgment, file the determination of the state board of assessors, the decision of the tax appeals commission, or the judgment of the court with the state superintendent, requesting an adjustment in state aid to the school district. If the state superintendent determines that the determination, decision, or judgment is final and that it has been filed within the 4-year period, the state shall pay to the school district in the subsequent fiscal year, from the appropriation appropriations under s. 20.255 (2) (ac) and (af), an amount equal to the difference between the state aid computed under s. 121.08 for the school year commencing after the year subject to the valuation recertification, using the school district's equalized valuation as originally certified, and the state aid computed under s. 121.08 for that school year using the school district's equalized valuation as recertified under s. 70.57 (2).

AB100, s. 1901 Section 1901. 121.09 (2m) of the statutes is amended to read:

AB100,913,3 121.09 (2m) If after June 30, 1995, and before July 26, 2003, the state board of assessors, the tax appeals commission, or a court makes a final redetermination on the assessment of telephone company property subject to taxation under s. 70.112 (4) and subch. IV of ch. 76 that is lower than the previous assessment, the school board of the school district in which the property is located may, within 4 years after July 26, 2003, file the redetermination with the state superintendent, requesting an adjustment in state aid to the school district. If the state superintendent determines that the redetermination is final and that it has been filed within the 4-year period, the state shall pay to the school district in the subsequent fiscal year, from the appropriation appropriations under s. 20.255 (2) (ac) and (af), an amount equal to the difference between the state aid computed under s. 121.08 for the school year commencing after the year subject to the valuation recertification, using the school district's equalized valuation as originally certified, and the state aid computed under s. 121.08 for that school year using the school district's equalized valuation as recertified under s. 70.57 (2).

AB100, s. 1902 Section 1902. 121.09 (2r) of the statutes is amended to read:

AB100,913,19 121.09 (2r) If after July 26, 2003, the state board of assessors, the tax appeals commission, or a court makes a final redetermination on the assessment of telephone company property subject to taxation under s. 70.112 (4) and subch. IV of ch. 76 that is lower than the previous assessment, the school board of the school district in which the property is located may, within 4 years after the redetermination, file the redetermination with the state superintendent, requesting an adjustment in state aid to the school district. If the state superintendent determines that the redetermination is final and that it has been filed within the 4-year period, the state shall pay to the school district in the subsequent fiscal year, from the appropriation appropriations under s. 20.255 (2) (ac) and (af), an amount equal to the difference between the state aid computed under s. 121.08 for the school year commencing after the year subject to the valuation recertification, using the school district's equalized valuation as originally certified, and the state aid computed under s. 121.08 for that school year using the school district's equalized valuation as recertified under s. 70.57 (2).

AB100, s. 1903 Section 1903. 121.095 (2) of the statutes is amended to read:

AB100,914,2 121.095 (2) From the appropriation appropriations under s. 20.255 (2) (ac) and (af), annually the department of public instruction shall pay to the department of military affairs an amount equal to the sum of the reductions under sub. (1). The department of public instruction shall ensure that the aid adjustment under sub. (1) does not affect the amount determined to be received by a school district as state aid under s. 121.08 or for any other purpose.

AB100, s. 1904 Section 1904. 121.105 (3) of the statutes is amended to read:

AB100,914,10 121.105 (3) In the school year in which a school district consolidation takes effect under s. 117.08 or 117.09 and in each of the subsequent 4 school years, the consolidated school district's state aid shall be an amount that is not less than the aggregate state aid received by the consolidating school districts in the school year prior to the school year in which the consolidation takes effect. The additional state aid shall be paid from the appropriation appropriations under s. 20.255 (2) (ac) and (af).

AB100, s. 1905 Section 1905. 121.15 (1m) (a) 3. of the statutes is amended to read:

AB100,914,14 121.15 (1m) (a) 3. Beginning in the 1999-2000 school year, annually the state shall pay to school districts, from the appropriation appropriations under s. 20.255 (2) (ac) and (af), $75,000,000 on the 4th Monday in July of the following school year.

AB100, s. 1906 Section 1906. 121.58 (2) (a) of the statutes is renumbered 121.58 (2) (a) (intro.) and amended to read:

AB100,914,21 121.58 (2) (a) (intro.) A school district which provides transportation to and from a school under ss. 121.54 (1) to (3), (5) and (6) and 121.57, and the nonresident school district that a pupil attends under s. 118.51 or 121.84 (4) which elects to provide transportation under s. 121.54 (10), shall be paid state aid for such transportation at the rate of $30 per school year per following rates:

AB100,914,24 1. For each pupil so transported whose residence is at least 2 miles and not more than 5 miles from the school attended, $45 per school year per $30 per school year in the 2005-06 school year and $40 per school year thereafter.

AB100,915,3 2. For each pupil so transported whose residence is at least more than 5 miles and not more than 8 miles from the school attended, $60 per school year per $45 per school year in the 2005-06 school year and $65 per school year thereafter.

AB100,915,6 3. For each pupil so transported whose residence is at least more than 8 miles and not more than 12 miles from the school attended, $68 per school year per $82 per school year in the 2005 school year and $120 per school year thereafter.

AB100,915,12 4. For each pupil so transported whose residence is at least 12 miles and not more than 15 12 miles from the school attended, $75 per school year per pupil so transported whose residence is at least 15 miles and not more than 18 miles from the school attended, and $85 per school year per pupil so transported whose residence is more than 18 miles from the school attended. Such state $150 per school year in the 2005-06 school year and $200 per school year thereafter.

AB100,915,19 (am) State aid under par. (a) shall be reduced proportionately in the case of a pupil transported for less than a full school year because of nonenrollment. State aid for transportation shall not exceed the actual cost thereof. No state aid of any kind may be paid to a school district which charges the pupil transported or his or her parent or guardian any part of the cost of transportation provided under ss. 121.54 (1) to (3), (5), (6) and (10) and 121.57 or which willfully or negligently fails to transport all pupils for whom transportation is required under s. 121.54.

AB100, s. 1907 Section 1907. 121.58 (2) (b) of the statutes is amended to read:

AB100,916,2 121.58 (2) (b) A school board that provides transportation under s. 121.54 (2) (am) shall be paid state aid for such transportation at the rates specified and according to the conditions established under par. pars. (a) and (am), except that the amount of state aid may not exceed the amount which the school district would receive for transporting the child between the child's residence and school attended under s. 121.54 (1) to (3), (5), (6) or (9) or 121.57.

AB100, s. 1908 Section 1908. 121.58 (2) (c) of the statutes is amended to read:

AB100,916,10 121.58 (2) (c) A school district which provides transportation to and from a school under s. 121.54 (9) shall be paid state aid for such transportation at the rate of $12 per school year per pupil so transported in the 2005-06 school year and $16 per school year per pupil so transported thereafter. Such state aid shall be reduced proportionately in the case of a pupil transported for less than a full year because of nonenrollment. State aid for such transportation shall not exceed the actual cost thereof.

AB100, s. 1909 Section 1909. 121.58 (6) of the statutes is amended to read:

AB100,916,15 121.58 (6) Appropriation prorated. If the appropriation under s. 20.255 (2) (cr) (qr) in any one year is insufficient to pay the full amount of approved claims under this section, state aid payments shall be prorated among the school districts entitled thereto.

AB100, s. 1910 Section 1910. 121.85 (6) (e) of the statutes is amended to read:

AB100,916,18 121.85 (6) (e) Sources of aid payments. State aid under this section shall be paid from the appropriation appropriations under s. 20.255 (2) (ac) and (af).

AB100, s. 1911 Section 1911. 121.85 (8) of the statutes is amended to read:

AB100,917,2 121.85 (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) and (af).

AB100, s. 1912 Section 1912. 121.85 (9) (c) of the statutes is amended to read:

AB100,917,7 121.85 (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) and (af) and planning council assistance funds are appropriated under s. 20.255 (1) (a).

AB100, s. 1913 Section 1913. 121.905 (1) of the statutes is amended to read:

AB100,917,11 121.905 (1) In this section, "revenue ceiling" means $6,900, except that "revenue ceiling" means $7,400 $8,100 in the 2003-04 2005-06 school year and $7,800 $8,400 in any subsequent school year.

AB100, s. 1914 Section 1914. 121.905 (3) (b) 1. of the statutes is amended to read:

AB100,917,17 121.905 (3) (b) 1. Except as provided under subd. 2. and s. 121.91 (8), divide the result in par. (a) 1. by the sum of the average of the number of pupils enrolled in the 3 previous school years and the number of pupils enrolled who were school district residents and solely enrolled in a special education program provided by a county children with disabilities education board program in the previous school year.

AB100, s. 1915 Section 1915. 121.91 (2m) (e) (intro.) of the statutes is amended to read:

AB100,917,21 121.91 (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:

AB100, s. 1916 Section 1916. 121.91 (4) (d) of the statutes is amended to read:

AB100,918,3 121.91 (4) (d) If a school district's revenue in the preceding school year was less than the limit under sub. (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. (2m).

AB100, s. 1917 Section 1917. 121.91 (4) (dg) of the statutes is repealed.

AB100, s. 1918 Section 1918. 121.91 (4) (dr) of the statutes is repealed.

AB100, s. 1919 Section 1919. 121.91 (4) (f) 1. of the statutes is amended to read:

AB100,918,12 121.91 (4) (f) 1. For Except as provided in sub. (8), 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.

AB100, s. 1920 Section 1920. 121.91 (8) of the statutes is created to read:

AB100,918,20 121.91 (8) Beginning with the calculation of a school district's revenue limit for the 2006-07 school year, a school district's base revenue per member under s. 121.905 (3) (b) 1., a school district's revenue limit under sub. (2m), and the adjustment for declining enrollment under sub. (4) (f) shall be calculated as provided in those sections and with a 5-year rolling average of enrollment instead of a 3-year rolling average of enrollment. The result that provides a school district with the higher revenue limit is the one in effect.

AB100, s. 1921 Section 1921. 125.12 (6) of the statutes is created to read:

AB100,919,5 125.12 (6) Revocation or suspension of intoxicating liquor wholesalers' permits for certain violations. (a) Any person may file a sworn written complaint with the department alleging that an intoxicating liquor wholesaler has violated s. 125.54 (7) (a). The complaint shall identify the specific legal basis for the complaint and sufficient facts for the department to determine whether there is cause to find that a violation has occurred. The department shall provide a copy of the complaint to any wholesaler against whom allegations are made, along with notice of the time period under par. (b) to show cause why the wholesaler's permit should not be revoked or suspended.

AB100,919,7 (b) Within 30 days of receiving a copy of the complaint under par. (a), any wholesaler against whom allegations are made may file a sworn written response.

AB100,919,14 (c) Subject to par. (d), within 60 days of receiving any response under par. (b) or, if no response is made, within 60 days of the date on which a response is due under par. (b), the department shall make a written decision as to whether a violation has occurred and either dismiss the complaint or take action under par. (e). Any decision under this paragraph shall include findings of fact and conclusions of law and shall state all reasons for the decision. The department shall provide a copy of the decision to the complainant and to any wholesaler against whom allegations are made.

AB100,919,19 (d) Within 60 days of receiving any response under par. (b) or, if no response is made, within 60 days of the date on which a response is due under par. (b), the department may extend the time period for making a decision under par. (c) by an additional 60 days if the department provides notice within the time period specified in par. (c) that an additional 60 days is necessary for investigation.

AB100,919,23 (e) If the department finds the allegations true and sufficient, the department shall either suspend for not less than 10 days nor more than 90 days or revoke the wholesaler's permit, and give notice of the suspension or revocation to the wholesaler.

AB100,919,25 (f) A revocation or suspension under this subsection is a contested case under ch. 227.

AB100, s. 1922 Section 1922. 125.145 of the statutes is amended to read:

AB100,920,6 125.145 Prosecutions by attorney general or department. Upon request by the secretary of revenue, the attorney general may represent this state or assist a district attorney in prosecuting any case arising under this chapter. The department may represent this state in prosecuting any violation of s. 125.54 (7) (a) or (b) and shall bring any such action in the circuit court for Dane County.

AB100, s. 1923 Section 1923. 125.15 of the statutes is created to read:

AB100,920,15 125.15 Actions against intoxicating liquor wholesalers. If any intoxicating liquor wholesaler, intoxicating liquor retail licensee or permittee, or intoxicating liquor trade association makes a written complaint to the department under s. 125.12 (6) of a violation of s. 125.54 (7) (a), and the department has not rendered a decision within the time periods specified in s. 125.12 (6) (c) and (d), the complaining party may bring an action to enforce the provisions of s. 125.54 (7) and shall be entitled to recover reasonable attorney fees if found to be the prevailing party.

AB100, s. 1924 Section 1924. 125.54 (7) of the statutes is created to read:

AB100,920,21 125.54 (7) Bona fide wholesalers. (a) 1. The premises described in a permit issued under this section shall be capable of warehousing intoxicating liquor. Any intoxicating liquor sold by the permittee shall be physically unloaded at the premises described in the permit prior to being delivered to a retail licensee or permittee or to another wholesaler.

AB100,921,3 2. A permittee under this section shall annually sell and deliver intoxicating liquor to at least 10 retail licensees or permittees that do not have any direct or indirect interest in each other or in the permittee under this section. The department shall not issue a permit under this section unless the applicant represents to the department an intention to satisfy this requirement, and shall not renew a permit issued under this section unless the permittee demonstrates that this requirement has been satisfied.

AB100,921,6 (b) No intoxicating liquor retail licensee or permittee may receive a benefit from a violation under par. (a) with knowledge of the circumstances giving rise to the violation.

AB100,921,12 (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.

AB100,921,17 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.

AB100,921,20 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.

AB100,922,4 (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.

AB100, s. 1925 Section 1925. 134.65 (1) of the statutes is amended to read:

AB100,922,13 134.65 (1) No person, except a person who holds a valid permit under s. 139.345 or 139.795 and who sells cigarettes or tobacco products solely as a direct marketer, shall in any manner, or upon any pretense, or by any device, directly or indirectly sell, expose for sale, possess with intent to sell, exchange, barter, dispose of or give away any cigarettes or tobacco products to any person not holding a license as herein provided or a permit under ss. 139.30 to 139.41 or 139.79 without first obtaining a license from the clerk of the city, village or town wherein such privilege is sought to be exercised.

AB100, s. 1926 Section 1926. 134.65 (1n) of the statutes is created to read:

AB100,922,17 134.65 (1n) (a) The department of revenue shall prepare an application form for licenses issued under this section. In addition to the information required under sub. (1m), the form shall require all of the following information:

AB100,922,19 1. The applicant's history relevant to the applicant's fitness to hold a license under this section.

AB100,922,20 2. The kind of license for which the applicant is applying.

AB100,922,21 3. The premises where cigarettes or tobacco products will be sold or stored.

AB100,922,23 4. If the applicant is a corporation, the identity of the corporate officers and agent.

AB100,922,25 5. If the applicant is a limited liability company, the identity of the company members or managers and agent.

AB100,923,1 6. The applicant's trade name, if any.

AB100,923,2 7. Any other information required by the department.

AB100,923,4 (b) The department of revenue shall provide 1 copy of each application prepared under this subsection to each city, village, and town.

AB100,923,6 (c) Each applicant for a license under this section shall use the application form prepared under this subsection.

AB100,923,9 (d) 1. Each application for a license under this section shall be sworn to by the applicant and the applicant shall submit the application with the clerk of the city, village, or town where the intended place of sale is located.

AB100,923,12 2. Within 10 days of any change in any fact set forth in an application, the applicant or license holder shall file a written description of the change with the clerk of the city, village, or town where the application was submitted.

AB100,923,16 3. Any person may inspect applications submitted under this paragraph. The clerk of each city, village, or town where such applications are submitted shall retain all applications submitted under this paragraph, but may destroy all applications that have been retained for 5 years or longer.

AB100, s. 1927 Section 1927. 134.65 (1r) of the statutes is created to read:

AB100,923,19 134.65 (1r) (a) No license under sub. (1) may be issued to any person to whom any of the following applies:

AB100,923,21 1. Subject to ss. 111.321, 111.322, and 111.335, the person has an arrest record or a conviction record.