AB68: Bill Text

AB68,1198,24 2. Multiply the amount of the revenue increase per pupil allowed under this subsection 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.

AB68,1198,25 3. Add the result under subd. 1. to the result under subd. 2.

AB68,1199,2 4. Multiply the result under subd. 3. by the average of the number of pupils enrolled in the current and the 2 preceding school years.

AB68,2206 Section 2206. 121.91 (2m) (r) 1. (intro.) of the statutes is amended to read:

AB68,1199,7 121.91 (2m) (r) 1. (intro.) Notwithstanding pars. (i) (k) to (j) (L), if a school district is created under s. 117.105, its revenue limit under this section for the school year beginning with the effective date of the reorganization shall be determined as follows except as provided under subs. (3) and (4):

AB68,2207 Section 2207. 121.91 (2m) (r) 1. b. of the statutes is amended to read:

AB68,1199,19 121.91 (2m) (r) 1. b. Add an amount equal to the amount of revenue increase per pupil allowed under this subsection for the previous school year multiplied by the sum of 1.0 plus the allowable rate of increase under s. 73.0305 expressed as a decimal to the result under subd. 1. a., except that in calculating the limit for the 2013-14 school year and the 2014-15 school year, add $75 to the result under subd. 1. a., in calculating the limit for the 2019-20 school year, add $175 to the result under subd. 1. a., and in calculating the limit for the 2020-21 school year, add $179 to the result under subd. 1. a. In the 2015-16 to 2018-19 school years, the 2021-22 school year, and any school year thereafter, make no adjustment the 2021-22 school year, add $200 to the result under subd. 1. a., in calculating the limit for the 2022-23 school year, add $204 to the result under subd. 1. a.

AB68,2208 Section 2208. 121.91 (2m) (r) 2. (intro.) of the statutes is amended to read:

AB68,1199,24 121.91 (2m) (r) 2. (intro.) If a school district is created under s. 117.105, the following adjustments to the calculations under pars. (i) (k) to (j) (L) apply for the 2 school years beginning on the July 1 following the effective date of the reorganization:

AB68,2209 Section 2209. 121.91 (2m) (r) 2. a. of the statutes is amended to read:

AB68,1200,8 121.91 (2m) (r) 2. a. For the school year beginning on the first July 1 following the effective date of the reorganization the number of pupils in the previous school year shall be used under pars. (i) (k) 1., (im) (km) 1. and (j) (L) 1. instead of the average of the number of pupils in the 3 previous school years, and for the school year beginning on the 2nd July 1 following the effective date of the reorganization the average of the number of pupils in the 2 previous school years shall be used under pars. (i) (k) 1., (im) (km) 1. and (j) (L) 1. instead of the average of the number of pupils in the 3 previous school years.

AB68,2210 Section 2210. 121.91 (2m) (r) 2. b. of the statutes is amended to read:

AB68,1200,14 121.91 (2m) (r) 2. b. For the school year beginning on the first July 1 following the effective date of the reorganization the average of the number of pupils in the current and the previous school years shall be used under pars. (i) 2. (km) 3. and (j) 3 (L) 4. instead of the average of the number of pupils in the current and the 2 preceding school years.

AB68,2211 Section 2211. 121.91 (2m) (s) 1. (intro.) of the statutes is amended to read:

AB68,1200,20 121.91 (2m) (s) 1. (intro.) Notwithstanding pars. (i) (k) to (j) (L), if territory is detached from a school district to create a new school district under s. 117.105, the revenue limit under this section of the school district from which territory is detached for the school year beginning with the effective date of the reorganization shall be determined as follows except as provided in subs. (3) and (4):

AB68,2212 Section 2212. 121.91 (2m) (s) 1. b. of the statutes is amended to read:

AB68,1201,7 121.91 (2m) (s) 1. b. Add an amount equal to the amount of revenue increase per pupil allowed under this subsection for the previous school year multiplied by the sum of 1.0 plus the allowable rate of increase under s. 73.0305 expressed as a decimal to the result under subd. 1. a., except that in calculating the limit for the 2013-14 school year and the 2014-15 school year, add $75 to the result under subd. 1. a., in calculating the limit for the 2019-20 school year, add $175 to the result under subd. 1. a., and in calculating the limit for the 2020-21 school year, add $179 to the result under subd. 1. a. In the 2015-16 to 2018-19 school years, the 2021-22 school year, and any school year thereafter, make no adjustment the 2021-22 school year, add $200 to the result under subd. 1. a., and in calculating the limit for the 2022-23 school year, add $204 to the result under subd. 1. a.

AB68,2213 Section 2213. 121.91 (2m) (s) 2. (intro.) of the statutes is amended to read:

AB68,1201,13 121.91 (2m) (s) 2. (intro.) If territory is detached from a school district to create a new school district under s. 117.105, the following adjustments to the calculations under pars. (i) (k) to (j) (L) apply to the school district from which territory is detached for the 2 school years beginning on the July 1 following the effective date of the reorganization:

AB68,2214 Section 2214. 121.91 (2m) (s) 2. a. of the statutes is amended to read:

AB68,1201,22 121.91 (2m) (s) 2. a. For the school year beginning on the first July 1 following the effective date of the reorganization, the number of pupils in the previous school year shall be used under pars. (i) (k) 1., (im) (km) 1., and (j) (L) 1. instead of the average of the number of pupils in the 3 previous school years; and for the school year beginning on the 2nd July 1 following the effective date of the reorganization, the average of the number of pupils in the 2 previous school years shall be used under pars. (i) (k) 1., (im) (km) 1., and (j) (L) 1. instead of the average of the number of pupils in the 3 previous school years.

AB68,2215 Section 2215. 121.91 (2m) (s) 2. b. of the statutes is amended to read:

AB68,1202,3 121.91 (2m) (s) 2. b. For the school year beginning on the first July 1 following the effective date of the reorganization the average of the number of pupils in the current and the previous school year shall be used under pars. (i) 2. (km.) 3. and (j) 3 (L) 4. instead of the average of the number of pupils in the current and the 2 preceding school years.

AB68,2216 Section 2216. 121.91 (2m) (t) 1. (intro.) of the statutes is amended to read:

AB68,1202,11 121.91 (2m) (t) 1. (intro.) If 2 or more school districts are consolidated under s. 117.08 or 117.09, in the 2019-20 2021-22 school year, the consolidated school district's revenue limit shall be determined as provided under par. (im) (k), in the 2020-21 2022-23 school year, the consolidated school district's revenue limit shall be determined as provided under par. (j) (km), and in each school year thereafter, the consolidated school district's revenue limit shall be determined as provided under par. (i) (L), except as follows:

AB68,2217 Section 2217. 121.91 (4) (p) 1. of the statutes is amended to read:

AB68,1202,18 121.91 (4) (p) 1. The limit otherwise applicable to a school district under sub. (2m) in any school year is increased by the amount of any reduction to that school district's state aid payment made under s. 118.51 (16) (b) 2. and (c) or (17) (c) 2. or (cm) 2. or s. 118.51 (17) (cm) 2., 2019 stats., in the previous school year for a pupil who was not included in the calculation of the number of pupils enrolled in that school district in the previous school year.

AB68,2218 Section 2218. 125.04 (4) of the statutes is amended to read:

AB68,1203,2 125.04 (4) List of licensees. By July 15 annually, the clerk of a municipality issuing licenses shall mail to the department a list containing the name, address, and trade name of each person holding a license issued by that municipality, other than a manager's or operator's license or a license issued under s. 125.26 (6), the type of license held, and, if the person holding the license is a corporation or limited liability company, the name of the agent appointed under sub. (6). The department shall annually publish this list on the department's Internet site.

AB68,2219 Section 2219. 125.06 (14) of the statutes is created to read:

AB68,1203,9 125.06 (14) Alcohol beverage sales at state fair park. The retail sale of alcohol beverages at the state fair park, by any person approved by the state fair park board by resolution to make such sales, for consumption at the state fair park. The state fair park board may not grant to a person approval under this subsection unless the person meets the qualifications under s. 125.04 (5) (a) 1., 3., 4., and 5., (b), and (c).

AB68,2220 Section 2220 . 125.07 (4) (d) of the statutes is amended to read:

AB68,1203,14 125.07 (4) (d) A person who is under 17 years of age a minor on the date of disposition is subject to s. 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 938.344 (3).

AB68,2221 Section 2221 . 125.07 (4) (e) 1. of the statutes is amended to read:

AB68,1203,17 125.07 (4) (e) 1. In this paragraph, “defendant" means a person found guilty of violating par. (a) or (b) who is 17, 18, 19 or 20 an adult under 21 years of age.

AB68,2222 Section 2222 . 125.085 (3) (bt) of the statutes is amended to read:

AB68,1203,22 125.085 (3) (bt) A person who is under 17 years of age a minor on the date of disposition is subject to s. 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 938.344 (3).

AB68,2223 Section 2223. 125.29 (3) (j) of the statutes is amended to read:

AB68,1204,3 125.29 (3) (j) The ownership, maintenance, or operation of places for the sale of fermented malt beverages at the state fair park or on any county fairgrounds located in this state. A brewer may not make retail sales of fermented malt beverages at the state fair park unless the state fair park board has, by resolution, approved the brewer to make such sales.

AB68,2224 Section 2224. 125.295 (1) (i) of the statutes is amended to read:

AB68,1204,10 125.295 (1) (i) Notwithstanding s. 125.33 (1), the ownership, maintenance, and operation of places for the sale of fermented malt beverages at the state fair park or on any county fairgrounds located in this state if the fermented malt beverages have been manufactured by the brewpub. A brewpub may not make retail sales of fermented malt beverages at the state fair park unless the state fair park board has, by resolution, approved the brewpub to make such sales.

AB68,2225 Section 2225. 125.32 (3) (a) of the statutes is amended to read:

AB68,1204,18 125.32 (3) (a) No premises for which a Class “B" license or permit is issued may remain open between the hours of 2 a.m. and 6 a.m., except as provided in this paragraph and par. pars. (c) and (e). On Saturday and Sunday, the closing hours shall be between 2:30 a.m. and 6 a.m. except that, on the Sunday that daylight saving time begins as specified in s. 175.095 (2), the closing hours shall be between 3:30 a.m. and 6 a.m. On January 1 premises operating under a Class “B" license or permit are not required to close.

AB68,2226 Section 2226. 125.32 (3) (c) of the statutes is amended to read:

AB68,1204,25 125.32 (3) (c) Hotels and restaurants the principal business of which is the furnishing of food and lodging to patrons, bowling centers, movie theaters, painting studios, indoor golf and baseball facilities, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but may not sell fermented malt beverages during the hours specified in par. (a) or (e).

AB68,2227 Section 2227. 125.32 (3) (e) of the statutes is created to read:

AB68,1205,14 125.32 (3) (e) A municipality may, by ordinance enacted by at least a two-thirds vote of the municipality's governing body, designate a special event lasting fewer than 8 consecutive days during which special closing hours apply to premises holding a special event permit for the event issued by the municipality. During a special event designated under this paragraph, the closing hours for premises holding a special event permit and operating under a Class “B” license shall be between 4 a.m. and 6 a.m. Notwithstanding par. (d), a municipality may, by ordinance, impose more restrictive hours during a special event than those provided in this paragraph, but may not impose more restrictive hours than those specified in par. (a) or (c). A municipality may not designate more than 4 special events in a calendar year. A municipality may charge a fee for a special event permit under this paragraph. Moneys collected for special event permits under this paragraph shall be used for purposes related to the special event.

AB68,2228 Section 2228. 125.68 (4) (c) 1. of the statutes is amended to read:

AB68,1205,24 125.68 (4) (c) 1. Subject to subds. 3. and 6. and s. 125.51 (3r) (a) 3., no premises for which a “Class B" license or permit or a “Class C" license has been issued may remain open between the hours of 2 a.m. and 6 a.m., except as otherwise provided in this subdivision and subd. subds. 4. and 7. On January 1 premises operating under a “Class B" license or permit are not required to close. On Saturday and Sunday, no premises may remain open between 2:30 a.m. and 6 a.m. except that, on the Sunday that daylight saving time begins as specified in s. 175.095 (2), no premises may remain open between 3:30 a.m. and 6 a.m. This subdivision does not apply to a “Class B" license issued to a winery under s. 125.51 (3) (am).

AB68,2229 Section 2229. 125.68 (4) (c) 4. of the statutes is amended to read:

AB68,1206,7 125.68 (4) (c) 4. Hotels and restaurants the principal business of which is the furnishing of food, drinks or lodging to patrons, bowling centers, movie theaters, painting studios, indoor horseshoe-pitching facilities, curling clubs, golf courses and golf clubhouses may remain open for the conduct of their regular business but may not sell intoxicating liquor during the closing hours under subd. 1. or 7. or, with respect to the sale of intoxicating liquor authorized under s. 125.51 (3r) (a), under subd. 3.

AB68,2230 Section 2230. 125.68 (4) (c) 7. of the statutes is created to read:

AB68,1206,20 125.68 (4) (c) 7. A municipality may by ordinance designate a special event lasting fewer than 8 consecutive days during which special closing hours apply to premises holding a special event permit issued by the municipality for the event. During a special event designated under this subdivision, the closing hours for premises holding a special event permit and operating under a “Class B” or “Class C” license shall be between 4 a.m. and 6 a.m. Notwithstanding subd. 5., a municipality may, by ordinance, impose more restrictive hours during a special event than those provided in this subdivision, but may not impose more restrictive hours than those specified in subd. 1. or 3. A municipality may not designate more than 4 special events in a calendar year. A municipality may charge a fee for a special event permit under this subdivision. Moneys collected for special event permits under this subdivision shall be used for purposes related to the special event.

AB68,2231 Section 2231 . 134.65 (title) of the statutes is amended to read:

AB68,1206,23 134.65 (title) Cigarette, vapor products, and tobacco products retailer license.

AB68,2232 Section 2232 . 134.65 (1) of the statutes is renumbered 134.65 (1d) and amended to read:

AB68,1207,6 134.65 (1d) No person 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, vapor products, 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.

AB68,2233 Section 2233 . 134.65 (1a) of the statutes is created to read:

AB68,1207,8 134.65 (1a) In this section:

AB68,1207,9 (a) “Cigarette” has the meaning given in s. 139.30 (1m).

AB68,1207,10 (b) “Tobacco products” has the meaning given in s. 139.75 (12).

AB68,1207,11 (c) “Vapor product” has the meaning given in s. 139.75 (14).

AB68,1207,12 (d) “Vending machine” has the meaning given in s. 139.30 (14).

AB68,2234 Section 2234 . 134.65 (1m) of the statutes is amended to read:

AB68,1207,17 134.65 (1m) A city, village, or town clerk may not issue a license under sub. (1) (1d) unless the applicant specifies in the license application whether the applicant will sell, exchange, barter, dispose of, or give away the cigarette , vapor products, or tobacco products over the counter or in a vending machine, or both.

AB68,2235 Section 2235 . 134.65 (1r) of the statutes is amended to read:

AB68,1207,24 134.65 (1r) A city, village, or town clerk may not require an applicant's signature on an application for a cigarette, vapor products, and tobacco products retailer license to be notarized. If a city, village, town, or any department of this state prepares an application form for a cigarette, vapor products, and tobacco products retailer license, the form may not require an applicant's signature on the form to be notarized.

AB68,2236 Section 2236 . 134.65 (4) of the statutes is amended to read:

AB68,1208,6 134.65 (4) Every licensed retailer shall keep complete and accurate records of all purchases and receipts of cigarettes, vapor products, and tobacco products. Such records shall be preserved on the licensed premises for 2 years in such a manner as to insure permanency and accessibility for inspection and shall be subject to inspection at all reasonable hours by authorized state and local law enforcement officials.

AB68,2237 Section 2237 . 134.65 (5m) of the statutes is amended to read:

AB68,1208,10 134.65 (5m) Any person who knowingly provides materially false information in an application for a cigarette, vapor products, and tobacco products retailer license under this section may be required to forfeit not more than $1,000.

AB68,2238 Section 2238 . 134.65 (7) (a) 1. of the statutes is amended to read:

AB68,1208,13 134.65 (7) (a) 1. The person has violated s. 134.66 (2) (a), (am), (cm), or (e), or (f), or a municipal ordinance adopted under s. 134.66 (5).

AB68,2239 Section 2239 . 134.65 (8) of the statutes is amended to read:

AB68,1208,20 134.65 (8) The uniform licensing of cigarette, vapor products, and tobacco products retailers is a matter of statewide concern. A city, village, or town may adopt an ordinance regulating the issuance, suspension, revocation, or renewal of a license under this section only if the ordinance strictly conforms to this section. If a city, village, or town has in effect on May 1, 2016, an ordinance that does not strictly conform to this section, the ordinance does not apply and may not be enforced.

AB68,2240 Section 2240 . 134.66 (title) of the statutes is amended to read:

AB68,1208,23 134.66 (title) Restrictions on sale or gift of cigarettes or nicotine, vapor, or tobacco products.

AB68,2241 Section 2241. 134.66 (1) (g) of the statutes is amended to read:

AB68,1208,25 134.66 (1) (g) “Retailer" means any person licensed under s. 134.65 (1) (1d).

AB68,2242 Section 2242. 134.66 (1) (jm) of the statutes is created to read:

AB68,1209,2 134.66 (1) (jm) “Vapor product" has the meaning given in s. 139.75 (14).

AB68,2243 Section 2243. 134.66 (2) (a), (am), (b) and (cm) 1m. of the statutes are amended to read:

AB68,1209,14 134.66 (2) (a) No retailer, direct marketer, manufacturer, distributor, jobber or subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may sell or provide for nominal or no consideration cigarettes, nicotine products, or tobacco products , or vapor products to any person under the age of 18 21, except as provided in s. 254.92 (2) (a). A vending machine operator is not liable under this paragraph for the purchase of cigarettes, nicotine products, or tobacco products, or vapor products from his or her vending machine by a person under the age of 18 21 if the vending machine operator was unaware of the purchase.

AB68,1209,23 (am) No retailer, direct marketer, manufacturer, distributor, jobber, subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may provide for nominal or no consideration cigarettes, nicotine products, or tobacco products, or vapor products to any person except in a place where no person younger than 18 21 years of age is present or permitted to enter unless the person who is younger than 18 21 years of age is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 21 years.

AB68,1210,2 (b) 1. A retailer shall post a sign in areas within his or her premises where cigarettes or, tobacco products , or vapor products are sold to consumers stating that the sale of any cigarette or, tobacco product, or vapor product to a person under the age of 18 21 is unlawful under this section and s. 254.92.

AB68,1210,6 2. A vending machine operator shall attach a notice in a conspicuous place on the front of his or her vending machines stating that the purchase of any cigarette or, tobacco product, or vapor product by a person under the age of 18 21 is unlawful under s. 254.92 and that the purchaser is subject to a forfeiture of not to exceed $50.

AB68,1210,12 (cm) 1m. A retailer or vending machine operator may not sell cigarettes or, tobacco products, or vapor product from a vending machine unless the vending machine is located in a place where the retailer or vending machine operator ensures that no person younger than 18 21 years of age is present or permitted to enter unless he or she is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 21 years.

AB68,2244 Section 2244. 134.66 (2) (f) of the statutes is created to read: