Analysis by the Legislative Reference Bureau
This bill increases the tax rate for the tax on fermented malt beverages from $2
per barrel to $10 per barrel. In addition, an amount of the taxes collected on
fermented malt beverages equal to $2 per barrel will be used by the Office of Justice
Assistance in the Department of Administration to provide grants to counties and
municipalities to reduce crimes related to alcohol use by employing additional law
enforcement officers and obtaining equipment and training, and an amount of the
taxes equal to $4 per barrel will be used for community aids related to alcohol and
drug abuse treatment services. Finally, an amount of the taxes equal to $2 per barrel
will be used for grants for substance abuse treatment and prevention programs.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB287, s. 1
1Section 1. 16.964 (6) of the statutes is created to read:
AB287,2,82 16.964 (6) (a) The office shall provide grants from the appropriation under s.
320.505 (6) (g) to counties or municipalities to employ additional law enforcement
4officers, to obtain equipment and training, and, subject to par. (c), for overtime work
5if the officers, equipment, training, and overtime assist in reducing crimes related
6to alcohol use. A county or municipality may receive a grant for a calendar year if
7the county or municipality applies for the grant before September 1 of the preceding
8calender year.
AB287,2,119 (b) A county or municipality applying to the office for a grant under this
10subsection shall include a proposed plan of expenditure of the grant moneys. The
11grant moneys may be used only as described in par. (a).
AB287,2,1512 (c) A county or municipality may, with the approval of the office, use part of the
13grant for the payment of salary and fringe benefits for overtime provided by law
14enforcement officers. To be eligible to use part of the grant for overtime costs, the
15county or municipality shall provide the office with all of the following:
AB287,2,1616 1. The reasons why law enforcement officers need to work overtime.
AB287,2,1717 2. The status of the hiring and training of new law enforcement officers.
AB287,2,2118 3. Documentation that a sufficient amount of the grant will be available, during
19the period remaining after the payment of overtime costs, to pay the salary and fringe
20benefits of the same number of law enforcement officers and to obtain the equipment
21and training that the grant originally planned to pay.
AB287,3,522 (d) The office shall develop criteria that, notwithstanding s. 227.10 (1), need not
23be promulgated as rules under ch. 227, for use in determining which counties and
24municipalities receive the grants under this subsection and how to distribute the
25grants to those counties and municipalities. The office may not award an annual

1grant in excess of $250,000 to any county or municipality. The office shall review any
2application and plan submitted under par. (b) to determine if that application and
3plan meet the requirements of this subsection. The grant that a county or
4municipality receives under this subsection may not supplant existing local
5resources.
AB287,3,96 (e) A county or municipality may receive a grant for 3 consecutive years without
7submitting a new application each year. For each year that a county or municipality
8receives a grant, the county or municipality shall provide matching funds of at least
910 percent of the amount of the grant.
AB287, s. 2 10Section 2. 20.435 (7) (gm) of the statutes is created to read:
AB287,3,1211 20.435 (7) (gm) Additional substance abuse treatment and prevention grants.
12All moneys received under s. 139.27 (3) for making grants under s. 46.48 (31).
AB287, s. 3 13Section 3. 20.505 (6) (g) of the statutes is created to read:
AB287,3,1614 20.505 (6) (g) Law enforcement officer supplement grants; fermented malt
15beverages tax revenue.
All moneys received under s. 139.27 (2) to provide grants for
16law enforcement officers and equipment and training under s. 16.964 (6).
AB287, s. 4 17Section 4. 46.40 (15) of the statutes is created to read:
AB287,3,2018 46.40 (15) Evidence-based practices. The use of all moneys distributed under
19this section shall comply with evidence-based practices established by the
20department.
AB287, s. 5 21Section 5. 46.48 (31) of the statutes is created to read:
AB287,4,422 46.48 (31) Additional substance abuse treatment and prevention grants. (a)
23The department shall distribute grants from the appropriation under s. 20.435 (7)
24(gm) to counties, municipalities, school districts, nonprofit organizations, as defined
25in s. 103.21 (2), and cooperative educational service agencies to provide alcohol and

1drug abuse treatment and prevention programs. A county, municipality, school
2district, nonprofit organization, or cooperative educational service agency may
3receive a grant for a calendar year if the entity applies for the grant before September
41 of the preceding calendar year.
AB287,4,135 (b) A county, municipality, school district, nonprofit organization, or
6cooperative educational service agency that applies for a grant under this subsection
7shall include a proposed plan of expenditure of the grant moneys. The grant moneys
8may be used only as described in par. (a), except that the county, municipality, school
9district, nonprofit organization, or cooperative educational service agency that
10receives the grant shall use a portion of the grant, not to exceed an amount equal to
111 percent of the grant, to pay a 3rd party to evaluate the efficiency of the entity's plan.
12The use of all moneys distributed under this subsection shall comply with
13evidence-based practices established by the department.
AB287,4,2014 (c) The department shall develop criteria, by rule, for use in determining which
15counties, municipalities, school districts, nonprofit organizations, and cooperative
16educational service agencies receive the grants under this subsection and how to
17distribute those grants. The department shall review any application and plan
18submitted under par. (b) to determine if that application and plan meet the
19requirements of this subsection. The grant that an entity receives under this
20subsection may not supplant existing local resources.
AB287,4,2321 (d) A county, municipality, school district, nonprofit organization, or
22cooperative educational service agency may receive a grant for 3 consecutive years
23by submitting a new application each year.
AB287, s. 6 24Section 6. 51.423 (16) of the statutes is created to read:
AB287,5,2
151.423 (16) The use of all moneys distributed under this section shall comply
2with evidence-based practices established by the department.
AB287, s. 7 3Section 7. 139.02 (1) of the statutes is amended to read:
AB287,5,84 139.02 (1) Tax imposed; rate; limitation. An occupational tax is imposed upon
5the removal for consumption or sale or selling of fermented malt beverages at the
6rate of $2 $10 per barrel of 31 gallons and at a proportionate rate for any other
7quantity or fractional parts thereof. Not more than one occupational tax shall be
8required to be paid on any one container of fermented malt beverages.
AB287, s. 8 9Section 8. 139.02 (2) (b) of the statutes is amended to read:
AB287,5,1610 139.02 (2) (b) In this section "eligible producer" means any producer of
11fermented malt beverages, whether or not located in this state, producing less than
12300,000 barrels of fermented malt beverages in the calendar year for which credit
13under par. (a) is claimed. In determining the number of barrels, all brands or labels
14of a producer shall be combined and all barrels exported out of this state shall be
15included
. All facilities for the production of fermented malt beverages owned or
16controlled by the same person shall be deemed a single producer.
AB287, s. 9 17Section 9. 139.27 of the statutes is created to read:
AB287,5,20 18139.27 Revenue distribution. (1) In each fiscal year, beginning in fiscal year
192009-10, an amount of the taxes imposed under s. 139.02 (1) equal to $4 per barrel
20of 31 gallons shall be credited to the appropriation account under s. 20.435 (7) (b).
AB287,5,23 21(2) In each fiscal year, beginning in fiscal year 2009-10, an amount of the taxes
22imposed under s. 139.02 (1) equal to $2 per barrel of 31 gallons shall be credited to
23the appropriation account under s. 20.505 (6) (g).
AB287,6,3
1(3) In each fiscal year, beginning in fiscal year 2009-10, an amount of the taxes
2imposed under s. 139.02 (1) equal to $2 per barrel of 31 gallons shall be credited to
3the appropriation account under s. 20.435 (7) (gm).
AB287, s. 10 4Section 10. Fiscal changes.
AB287,6,105 (1) Community aids; alcohol abuse treatment. In the schedule under section
620.005 (3) of the statutes for the appropriation to the department of health services
7under section 20.435 (7) (b) of the statutes, as affected by the acts of 2009, the dollar
8amount is increased by $18,800,000 for fiscal year 2009-10 and the dollar amount
9is increased by $18,800,000 for fiscal year 2010-11 for alcohol abuse services under
10sections 46.40 and 51.423 of the statutes.
AB287, s. 11 11Section 11. Effective date.
AB287,6,1312 (1) This act takes effect on July 1, 2009, or on the day after publication of the
132009-11 biennial budget act, whichever is later.
AB287,6,1414 (End)
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