AB100, s. 1893 11Section 1893. 118.43 (6) (c) of the statutes is amended to read:
AB100,909,1512 118.43 (6) (c) The amount paid to a school district in any school year under par.
13(b) may not exceed an amount equal to $2,000 $2,500 multiplied by the number of
14low-income pupils enrolled in grades eligible for funding in each school in the school
15district covered by contracts under this section.
AB100, s. 1894 16Section 1894. 119.04 (1) of the statutes is amended to read:
AB100,909,2417 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
18115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38
19(2), 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to
20118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18,
21118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291,
22118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (26), 120.125, 120.13
23(1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35) and (37), 120.14 and 120.25 are
24applicable to a 1st class city school district and board.
AB100, s. 1895 25Section 1895. 119.16 (8) (am) of the statutes is created to read:
AB100,910,2
1119.16 (8) (am) Except as provided in par. (a), s. 65.90 (3) and (5) (c) applies to
2the budget proposed by the board.
AB100, s. 1896 3Section 1896. 120.13 (14) of the statutes is amended to read:
AB100,910,194 120.13 (14) Day care programs. Establish and provide or contract for the
5provision of day care programs for children. The school board may receive federal
6or state funds for this purpose. The school board may charge a fee for all or part of
7the cost of the service for participation in a day care program established under this
8subsection. Costs associated with a day care program under this subsection may not
9be included in shared costs under s. 121.07 (6). Day care programs established under
10this subsection shall meet the standards for licensed day care centers established by
11the department of health and family services workforce development. If a school
12board proposes to contract for or renew a contract for the provision of a day care
13program under this subsection or if on July 1, 1996, a school board is a party to a
14contract for the provision of a day care program under this subsection, the school
15board shall refer the contractor or proposed contractor to the department of health
16and family services for the criminal history and child abuse record search required
17under s. 48.685. Each school board shall provide the department of health and family
18services with information about each person who is denied a contract for a reason
19specified in s. 48.685 (4m) (a) 1. to 5.
AB100, s. 1897 20Section 1897. 121.007 of the statutes is amended to read:
AB100,911,2 21121.007 Use of state aid; exemption from execution. All moneys paid to
22a school district under s. 20.255 (2) (ac), (af), (bc), (cg), (cr), (qr), and (r) shall be used
23by the school district solely for the purposes for which paid. Such moneys are exempt
24from execution, attachment, garnishment, or other process in favor of creditors,

1except as to claims for salaries or wages of teachers and other school employees and
2as to claims for school materials, supplies, fuel, and current repairs.
AB100, s. 1898 3Section 1898. 121.08 (4) (a) (intro.), 2. and 3. of the statutes are amended to
4read:
AB100,911,75 121.08 (4) (a) (intro.) The amount of state aid that a school district is eligible
6to be paid from the appropriations under s. 20.255 (2) (ac) and, (af), and(r) shall be
7reduced by the amount determined as follows:
AB100,911,108 2. Divide the sum under subd. 1. by the total amount of state aid that all school
9districts are eligible to be paid from the appropriations under s. 20.255 (2) (ac) and,
10(af), and
(r), calculated as if the reduction under par. (b) had not occurred.
AB100,911,1311 3. Multiply the amount of state aid that the school district is eligible to be paid
12from the appropriations under s. 20.255 (2) (ac) and ,(af), and (r), calculated as if the
13reduction under par. (b) had not occurred, by the quotient under subd. 2.
AB100, s. 1899 14Section 1899. 121.08 (4) (b) of the statutes is amended to read:
AB100,911,1815 121.08 (4) (b) The amount of state aid that the school district operating under
16ch. 119 is eligible to be paid from the appropriations under s. 20.255 (2) (ac), (af), and
17(r) shall also be reduced by 45% of the amounts paid under s. 119.23 (4) and (4m) in
18the current school year.
AB100, s. 1900 19Section 1900. 121.09 (1) of the statutes is amended to read:
AB100,912,1220 121.09 (1) If, on or after July 1, 1980, the tax appeals commission or a court
21makes a final redetermination on the assessment of property subject to taxation
22under s. 70.995 that is lower than the previous assessment, or if, on or after January
231, 1982, the state board of assessors makes a final redetermination on the
24assessment of property subject to taxation under s. 70.995 that is lower than the
25previous assessment, the school board of the school district in which the property is

1located may, within 4 years after the date of the determination, decision, or
2judgment, file the determination of the state board of assessors, the decision of the
3tax appeals commission, or the judgment of the court with the state superintendent,
4requesting an adjustment in state aid to the school district. If the state
5superintendent determines that the determination, decision, or judgment is final
6and that it has been filed within the 4-year period, the state shall pay to the school
7district in the subsequent fiscal year, from the appropriation appropriations under
8s. 20.255 (2) (ac) and (af), an amount equal to the difference between the state aid
9computed under s. 121.08 for the school year commencing after the year subject to
10the valuation recertification, using the school district's equalized valuation as
11originally certified, and the state aid computed under s. 121.08 for that school year
12using the school district's equalized valuation as recertified under s. 70.57 (2).
AB100, s. 1901 13Section 1901. 121.09 (2m) of the statutes is amended to read:
AB100,913,314 121.09 (2m) If after June 30, 1995, and before July 26, 2003, the state board
15of assessors, the tax appeals commission, or a court makes a final redetermination
16on the assessment of telephone company property subject to taxation under s. 70.112
17(4) and subch. IV of ch. 76 that is lower than the previous assessment, the school
18board of the school district in which the property is located may, within 4 years after
19July 26, 2003, file the redetermination with the state superintendent, requesting an
20adjustment in state aid to the school district. If the state superintendent determines
21that the redetermination is final and that it has been filed within the 4-year period,
22the state shall pay to the school district in the subsequent fiscal year, from the
23appropriation appropriations under s. 20.255 (2) (ac) and (af), an amount equal to the
24difference between the state aid computed under s. 121.08 for the school year
25commencing after the year subject to the valuation recertification, using the school

1district's equalized valuation as originally certified, and the state aid computed
2under s. 121.08 for that school year using the school district's equalized valuation as
3recertified under s. 70.57 (2).
AB100, s. 1902 4Section 1902. 121.09 (2r) of the statutes is amended to read:
AB100,913,195 121.09 (2r) If after July 26, 2003, the state board of assessors, the tax appeals
6commission, or a court makes a final redetermination on the assessment of telephone
7company property subject to taxation under s. 70.112 (4) and subch. IV of ch. 76 that
8is lower than the previous assessment, the school board of the school district in which
9the property is located may, within 4 years after the redetermination, file the
10redetermination with the state superintendent, requesting an adjustment in state
11aid to the school district. If the state superintendent determines that the
12redetermination is final and that it has been filed within the 4-year period, the state
13shall pay to the school district in the subsequent fiscal year, from the appropriation
14appropriations under s. 20.255 (2) (ac) and (af), an amount equal to the difference
15between the state aid computed under s. 121.08 for the school year commencing after
16the year subject to the valuation recertification, using the school district's equalized
17valuation as originally certified, and the state aid computed under s. 121.08 for that
18school year using the school district's equalized valuation as recertified under s.
1970.57 (2).
AB100, s. 1903 20Section 1903. 121.095 (2) of the statutes is amended to read:
AB100,914,221 121.095 (2) From the appropriation appropriations under s. 20.255 (2) (ac) and
22(af)
, annually the department of public instruction shall pay to the department of
23military affairs an amount equal to the sum of the reductions under sub. (1). The
24department of public instruction shall ensure that the aid adjustment under sub. (1)

1does not affect the amount determined to be received by a school district as state aid
2under s. 121.08 or for any other purpose.
AB100, s. 1904 3Section 1904. 121.105 (3) of the statutes is amended to read:
AB100,914,104 121.105 (3) In the school year in which a school district consolidation takes
5effect under s. 117.08 or 117.09 and in each of the subsequent 4 school years, the
6consolidated school district's state aid shall be an amount that is not less than the
7aggregate state aid received by the consolidating school districts in the school year
8prior to the school year in which the consolidation takes effect. The additional state
9aid shall be paid from the appropriation appropriations under s. 20.255 (2) (ac) and
10(af)
.
AB100, s. 1905 11Section 1905. 121.15 (1m) (a) 3. of the statutes is amended to read:
AB100,914,1412 121.15 (1m) (a) 3. Beginning in the 1999-2000 school year, annually the state
13shall pay to school districts, from the appropriation appropriations under s. 20.255
14(2) (ac) and (af), $75,000,000 on the 4th Monday in July of the following school year.
AB100, s. 1906 15Section 1906. 121.58 (2) (a) of the statutes is renumbered 121.58 (2) (a) (intro.)
16and amended to read:
AB100,914,2117 121.58 (2) (a) (intro.) A school district which provides transportation to and
18from a school under ss. 121.54 (1) to (3), (5) and (6) and 121.57, and the nonresident
19school district that a pupil attends under s. 118.51 or 121.84 (4) which elects to
20provide transportation under s. 121.54 (10), shall be paid state aid for such
21transportation at the rate of $30 per school year per following rates:
AB100,914,24 221. For each pupil so transported whose residence is at least 2 miles and not more
23than 5 miles from the school attended, $45 per school year per $30 per school year
24in the 2005-06 school year and $40 per school year thereafter.
AB100,915,3
12. For each pupil so transported whose residence is at least more than 5 miles
2and not more than 8 miles from the school attended, $60 per school year per $45 per
3school year in the 2005-06 school year and $65 per school year thereafter.
AB100,915,6 43. For each pupil so transported whose residence is at least more than 8 miles
5and not more than 12 miles from the school attended, $68 per school year per $82 per
6school year in the 2005 school year and $120 per school year thereafter.
AB100,915,12 74. For each pupil so transported whose residence is at least 12 miles and not
8more than 15 12 miles from the school attended, $75 per school year per pupil so
9transported whose residence is at least 15 miles and not more than 18 miles from the
10school attended, and $85 per school year per pupil so transported whose residence
11is more than 18 miles from the school attended. Such state
$150 per school year in
12the 2005-06 school year and $200 per school year thereafter.
AB100,915,19 13(am) State aid under par. (a) shall be reduced proportionately in the case of a
14pupil transported for less than a full school year because of nonenrollment. State aid
15for transportation shall not exceed the actual cost thereof. No state aid of any kind
16may be paid to a school district which charges the pupil transported or his or her
17parent or guardian any part of the cost of transportation provided under ss. 121.54
18(1) to (3), (5), (6) and (10) and 121.57 or which willfully or negligently fails to
19transport all pupils for whom transportation is required under s. 121.54.
AB100, s. 1907 20Section 1907. 121.58 (2) (b) of the statutes is amended to read:
AB100,916,221 121.58 (2) (b) A school board that provides transportation under s. 121.54 (2)
22(am) shall be paid state aid for such transportation at the rates specified and
23according to the conditions established under par. pars. (a) and (am), except that the
24amount of state aid may not exceed the amount which the school district would

1receive for transporting the child between the child's residence and school attended
2under s. 121.54 (1) to (3), (5), (6) or (9) or 121.57.
AB100, s. 1908 3Section 1908. 121.58 (2) (c) of the statutes is amended to read:
AB100,916,104 121.58 (2) (c) A school district which provides transportation to and from a
5school under s. 121.54 (9) shall be paid state aid for such transportation at the rate
6of $12 per school year per pupil so transported in the 2005-06 school year and $16
7per school year per pupil so transported thereafter
. Such state aid shall be reduced
8proportionately in the case of a pupil transported for less than a full year because of
9nonenrollment. State aid for such transportation shall not exceed the actual cost
10thereof.
AB100, s. 1909 11Section 1909. 121.58 (6) of the statutes is amended to read:
AB100,916,1512 121.58 (6) Appropriation prorated. If the appropriation under s. 20.255 (2) (cr)
13(qr) in any one year is insufficient to pay the full amount of approved claims under
14this section, state aid payments shall be prorated among the school districts entitled
15thereto.
AB100, s. 1910 16Section 1910. 121.85 (6) (e) of the statutes is amended to read:
AB100,916,1817 121.85 (6) (e) Sources of aid payments. State aid under this section shall be
18paid from the appropriation appropriations under s. 20.255 (2) (ac) and (af).
AB100, s. 1911 19Section 1911. 121.85 (8) of the statutes is amended to read:
AB100,917,220 121.85 (8) Transferred pupils. Pupils transferring schools under this section
21shall be subject to the same rules and regulations as resident pupils and shall have
22the responsibilities, privileges, and rights of resident pupils in the school district or
23attendance area. Subject to this subsection, a pupil transferring schools under either
24sub. (3) (a) or (b) has the right to complete his or her education at the elementary,

1middle, or high school to which he or she transfers so long as full funding therefor
2is available under s. 20.255 (2) (ac) and (af).
AB100, s. 1912 3Section 1912. 121.85 (9) (c) of the statutes is amended to read:
AB100,917,74 121.85 (9) (c) The obligation under par. (a) to organize planning councils shall
5apply only with regard to school terms for which full pupil transfer aids are
6appropriated under s. 20.255 (2) (ac) and (af) and planning council assistance funds
7are appropriated under s. 20.255 (1) (a).
AB100, s. 1913 8Section 1913. 121.905 (1) of the statutes is amended to read:
AB100,917,119 121.905 (1) In this section, "revenue ceiling" means $6,900, except that
10"revenue ceiling" means $7,400
$8,100 in the 2003-04 2005-06 school year and
11$7,800 $8,400 in any subsequent school year.
AB100, s. 1914 12Section 1914. 121.905 (3) (b) 1. of the statutes is amended to read:
AB100,917,1713 121.905 (3) (b) 1. Except as provided under subd. 2. and s. 121.91 (8), divide the
14result in par. (a) 1. by the sum of the average of the number of pupils enrolled in the
153 previous school years and the number of pupils enrolled who were school district
16residents and solely enrolled in a special education program provided by a county
17children with disabilities education board program in the previous school year.
AB100, s. 1915 18Section 1915. 121.91 (2m) (e) (intro.) of the statutes is amended to read:
AB100,917,2119 121.91 (2m) (e) (intro.) Except as provided in subs. (3) and, (4), and (8), no
20school district may increase its revenues for the 1999-2000 school year or for any
21school year thereafter to an amount that exceeds the amount calculated as follows:
AB100, s. 1916 22Section 1916. 121.91 (4) (d) of the statutes is amended to read:
AB100,918,323 121.91 (4) (d) If a school district's revenue in the preceding school year was less
24than the limit under sub. (2m) in the preceding school year, the limit otherwise
25applicable to the school district's revenue in the current school year under sub. (2m)

1is increased by an amount equal to 75% of the difference between the amount of its
2revenue in the preceding school year and the amount of the limit in the preceding
3school year under sub. (2m).
AB100, s. 1917 4Section 1917. 121.91 (4) (dg) of the statutes is repealed.
AB100, s. 1918 5Section 1918. 121.91 (4) (dr) of the statutes is repealed.
AB100, s. 1919 6Section 1919. 121.91 (4) (f) 1. of the statutes is amended to read:
AB100,918,127 121.91 (4) (f) 1. For Except as provided in sub. (8), for the 1999-2000 school year
8or any school year thereafter, if the average of the number of pupils enrolled in the
9current and the 2 preceding school years is less than the average of the number of
10pupils enrolled in the 3 previous school years, the limit otherwise applicable under
11sub. (2m) (e) is increased by the additional amount that would have been calculated
12had the decline in average enrollment been 25% of what it was.
AB100, s. 1920 13Section 1920. 121.91 (8) of the statutes is created to read:
AB100,918,2014 121.91 (8) Beginning with the calculation of a school district's revenue limit for
15the 2006-07 school year, a school district's base revenue per member under s. 121.905
16(3) (b) 1., a school district's revenue limit under sub. (2m), and the adjustment for
17declining enrollment under sub. (4) (f) shall be calculated as provided in those
18sections and with a 5-year rolling average of enrollment instead of a 3-year rolling
19average of enrollment. The result that provides a school district with the higher
20revenue limit is the one in effect.
AB100, s. 1921 21Section 1921. 125.12 (6) of the statutes is created to read:
AB100,919,522 125.12 (6) Revocation or suspension of intoxicating liquor wholesalers'
23permits for certain violations.
(a) Any person may file a sworn written complaint
24with the department alleging that an intoxicating liquor wholesaler has violated s.
25125.54 (7) (a). The complaint shall identify the specific legal basis for the complaint

1and sufficient facts for the department to determine whether there is cause to find
2that a violation has occurred. The department shall provide a copy of the complaint
3to any wholesaler against whom allegations are made, along with notice of the time
4period under par. (b) to show cause why the wholesaler's permit should not be
5revoked or suspended.
AB100,919,76 (b) Within 30 days of receiving a copy of the complaint under par. (a), any
7wholesaler against whom allegations are made may file a sworn written response.
AB100,919,148 (c) Subject to par. (d), within 60 days of receiving any response under par. (b)
9or, if no response is made, within 60 days of the date on which a response is due under
10par. (b), the department shall make a written decision as to whether a violation has
11occurred and either dismiss the complaint or take action under par. (e). Any decision
12under this paragraph shall include findings of fact and conclusions of law and shall
13state all reasons for the decision. The department shall provide a copy of the decision
14to the complainant and to any wholesaler against whom allegations are made.
AB100,919,1915 (d) Within 60 days of receiving any response under par. (b) or, if no response
16is made, within 60 days of the date on which a response is due under par. (b), the
17department may extend the time period for making a decision under par. (c) by an
18additional 60 days if the department provides notice within the time period specified
19in par. (c) that an additional 60 days is necessary for investigation.
AB100,919,2320 (e) If the department finds the allegations true and sufficient, the department
21shall either suspend for not less than 10 days nor more than 90 days or revoke the
22wholesaler's permit, and give notice of the suspension or revocation to the
23wholesaler.
AB100,919,2524 (f) A revocation or suspension under this subsection is a contested case under
25ch. 227.
AB100, s. 1922
1Section 1922. 125.145 of the statutes is amended to read:
AB100,920,6 2125.145 Prosecutions by attorney general or department. Upon request
3by the secretary of revenue, the attorney general may represent this state or assist
4a district attorney in prosecuting any case arising under this chapter. The
5department may represent this state in prosecuting any violation of s. 125.54 (7) (a)
6or (b) and shall bring any such action in the circuit court for Dane County.
AB100, s. 1923 7Section 1923. 125.15 of the statutes is created to read:
AB100,920,15 8125.15 Actions against intoxicating liquor wholesalers. If any
9intoxicating liquor wholesaler, intoxicating liquor retail licensee or permittee, or
10intoxicating liquor trade association makes a written complaint to the department
11under s. 125.12 (6) of a violation of s. 125.54 (7) (a), and the department has not
12rendered a decision within the time periods specified in s. 125.12 (6) (c) and (d), the
13complaining party may bring an action to enforce the provisions of s. 125.54 (7) and
14shall be entitled to recover reasonable attorney fees if found to be the prevailing
15party.
AB100, s. 1924 16Section 1924. 125.54 (7) of the statutes is created to read:
AB100,920,2117 125.54 (7) Bona fide wholesalers. (a) 1. The premises described in a permit
18issued under this section shall be capable of warehousing intoxicating liquor. Any
19intoxicating liquor sold by the permittee shall be physically unloaded at the premises
20described in the permit prior to being delivered to a retail licensee or permittee or to
21another wholesaler.
AB100,921,322 2. A permittee under this section shall annually sell and deliver intoxicating
23liquor to at least 10 retail licensees or permittees that do not have any direct or
24indirect interest in each other or in the permittee under this section. The department
25shall not issue a permit under this section unless the applicant represents to the

1department an intention to satisfy this requirement, and shall not renew a permit
2issued under this section unless the permittee demonstrates that this requirement
3has been satisfied.
AB100,921,64 (b) No intoxicating liquor retail licensee or permittee may receive a benefit from
5a violation under par. (a) with knowledge of the circumstances giving rise to the
6violation.
AB100,921,127 (c) 1. In addition to imposing any penalty provided under s. 125.11, a court may
8order a wholesaler who violates this subsection to forfeit an amount equal to any
9profit gained by the wholesaler or by a retail licensee or permittee that violates par.
10(b), or by both, resulting from the violation, and the court may further order that the
11wholesaler's permit be revoked except that, if the wholesaler violates par. (a) 2., the
12permit shall be revoked.
AB100,921,1713 2. In addition to imposing any penalty provided under s. 125.11, a court may
14order a retail licensee or permittee who violates this subsection to forfeit an amount
15equal to any profit gained by the retail licensee or permittee resulting from the
16violation, and the court may further order that the retail license or permit be
17revoked.
AB100,921,2018 3. This paragraph shall not affect the authority of any municipality or the
19department to revoke, suspend, or refuse to renew or issue a license or permit under
20s. 125.12.
AB100,922,421 (d) The department shall promulgate rules to administer and enforce the
22requirements under this subsection. The rules shall ensure coordination between
23the department's issuance and renewal of permits under this section and its
24enforcement of the requirements of this subsection, and shall require that all
25applications for issuance or renewal of permits under this section be processed by

1department personnel generally familiar with activities of intoxicating liquor
2wholesalers. The department shall establish by rule minimum requirements for
3warehouse facilities on premises described in permits issued under this section and
4for periodic site inspections by the department of such warehouse facilities.
AB100, s. 1925 5Section 1925. 134.65 (1) of the statutes is amended to read:
AB100,922,136 134.65 (1) No person, except a person who holds a valid permit under s. 139.345
7or 139.795 and who sells cigarettes or tobacco products solely as a direct marketer,

8shall in any manner, or upon any pretense, or by any device, directly or indirectly sell,
9expose for sale, possess with intent to sell, exchange, barter, dispose of or give away
10any cigarettes or tobacco products to any person not holding a license as herein
11provided or a permit under ss. 139.30 to 139.41 or 139.79 without first obtaining a
12license from the clerk of the city, village or town wherein such privilege is sought to
13be exercised.
AB100, s. 1926 14Section 1926. 134.65 (1n) of the statutes is created to read:
AB100,922,1715 134.65 (1n) (a) The department of revenue shall prepare an application form
16for licenses issued under this section. In addition to the information required under
17sub. (1m), the form shall require all of the following information:
AB100,922,1918 1. The applicant's history relevant to the applicant's fitness to hold a license
19under this section.
AB100,922,2020 2. The kind of license for which the applicant is applying.
AB100,922,2121 3. The premises where cigarettes or tobacco products will be sold or stored.
AB100,922,2322 4. If the applicant is a corporation, the identity of the corporate officers and
23agent.
AB100,922,2524 5. If the applicant is a limited liability company, the identity of the company
25members or managers and agent.
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