Amendment AA1-ASA1-AB100

AB100-ASA1-AA1,276,23 864. Page 1332, line 8: after that line insert:

AB100-ASA1-AA1,276,24 " Section 2905d. 125.07 (4) (bs) 1. to 4. of the statutes are amended to read:

AB100-ASA1-AA1,277,4 125.07 (4) (bs) 1. For a first violation, a forfeiture of not less than $250 $300 nor more than $500 $750, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 1., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB100-ASA1-AA1,277,9 2. For a violation committed within 12 months of a previous violation, either a forfeiture of not less than $300 $400 nor more than $500 $750, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB100-ASA1-AA1,277,14 3. For a violation committed within 12 months of 2 previous violations, either a forfeiture of not less than $500 $650 nor more than $750 $1,000, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB100-ASA1-AA1,277,19 4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $750 $1,000 nor more than $1,000 $1,250, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB100-ASA1-AA1, s. 2905g Section 2905g. 125.085 (3) (a) 1. of the statutes is amended to read:

AB100-ASA1-AA1,278,4 125.085 (3) (a) 1. No person may make, alter or duplicate an official identification card, provide an official identification card to an underage person or knowingly provide other documentation to an underage person purporting to show that the underage person has attained the legal drinking age. No person may possess an official identification card or other documentation used for proof of age with the intent of providing it to an underage person. Except as provided in subds. 2. and 3., any person who violates this subdivision may be fined not less than $100 $300 nor more than $500 $1,250 or imprisoned for not less than 10 days nor more than 30 days or both.

AB100-ASA1-AA1, s. 2905m Section 2905m. 125.085 (3) (bd) of the statutes is amended to read:

AB100-ASA1-AA1,278,10 125.085 (3) (bd) Any underage person who violates par. (b) is subject to a forfeiture of not less than $100 $300 nor more than $500 $1,250, suspension of the person's operating privilege under s. 343.30 (6) (bm), participation in a supervised work program or other community service work under par. (bh) or any combination of these penalties.".

AB100-ASA1-AA1,278,11 865. Page 1332, line 10: delete lines 10 to 21 and substitute:

AB100-ASA1-AA1,278,20 "125.10 (1) Authorization. Any municipality may enact regulations incorporating any part of this chapter and may prescribe additional regulations for the sale of alcohol beverages, not in conflict with this chapter. The municipality may prescribe forfeitures or license suspension or revocation for violations of any such regulations. Regulations providing forfeitures or license suspension or revocation must be adopted by ordinance. No municipality may enact or enforce any regulation relating to providing alcohol beverages to an underage or intoxicated person, to an underage person's presence on premises or to an underage person's possession of alcohol beverages unless the regulation strictly conforms with s. 125.07.".

AB100-ASA1-AA1,278,21 866. Page 1334, line 22: after that line insert:

AB100-ASA1-AA1,278,22 " Section 2906r. 125.17 (1) of the statutes is amended to read:

AB100-ASA1-AA1,279,3 125.17 (1) Authorization. Every municipal governing body may shall issue operators' licenses an operator's license to any applicant who is qualified under s. 125.04 (5). Operators' licenses may not be required other than for the purpose of complying with ss. 125.32 (2) and 125.68 (2). Operators' licenses may be issued only upon written application.".

AB100-ASA1-AA1,279,4 867. Page 1336, line 3: before "issued" insert "granted or".

AB100-ASA1-AA1,279,7 868. Page 1336, line 4: delete "July 1, 1997" and substitute "the first day of the 2nd month beginning after the effective date of this subdivision .... [revisor inserts date]".

AB100-ASA1-AA1,279,8 869. Page 1336, line 11: before "issued" insert "granted or".

AB100-ASA1-AA1,279,11 870. Page 1336, line 13: delete that line and substitute "on the first day of the 2nd month beginning after the effective date of this subdivision .... [revisor inserts date].".

AB100-ASA1-AA1,279,14 871. Page 1336, line 22: delete "July 1, 1997" and substitute "the first day of the 2nd month beginning after the effective date of this subdivision .... [revisor inserts date]".

AB100-ASA1-AA1,279,16 872. Page 1337, line 2: delete "The" and substitute "1. Except as provided in subd. 2., the".

AB100-ASA1-AA1,279,17 873. Page 1337, line 5: after that line insert:

AB100-ASA1-AA1,279,22 "2. Notwithstanding subd. 1., if the difference between the number of licenses determined under par. (b) 1g. and under par. (bm) 1. is 3 or fewer, the number of reserve "Class B" licenses authorized to be issued by that municipality is the difference between the number of licenses determined under par. (b) 1g. and under par. (bm) 1.".

AB100-ASA1-AA1,279,23 874. Page 1337, line 7: before "issued" insert "granted or".

AB100-ASA1-AA1,280,1 875. Page 1337, line 13: after that line insert:

AB100-ASA1-AA1,280,2 " Section 2910e. 134.67 (2) (a) (intro.) of the statutes is amended to read:

AB100-ASA1-AA1,280,7 134.67 (2) (a) (intro.) In the event of the outbreak of an epidemic disease of humans or animals spread by insects which it is known can be controlled by DDT but cannot be adequately controlled by any other known pesticide, the pesticide review board department of agriculture, trade and consumer protection may authorize the use of DDT in controlling the epidemic upon a finding that:

AB100-ASA1-AA1, s. 2910m Section 2910m. 134.67 (2) (b) (intro.) of the statutes is amended to read:

AB100-ASA1-AA1,280,14 134.67 (2) (b) (intro.) In the event of the outbreak of a plant disease of epidemic proportions which threatens a significant portion of the affected crop and which is caused or spread by an insect which it is known can be controlled by DDT but cannot be adequately controlled by any other known pesticide, the pesticide review board department of agriculture, trade and consumer protection may authorize the use of DDT in controlling the epidemic upon a finding that:

AB100-ASA1-AA1, s. 2910r Section 2910r. 134.67 (2) (c) of the statutes is amended to read:

AB100-ASA1-AA1,280,20 134.67 (2) (c) The pesticide review board department of agriculture, trade and consumer protection also may authorize the use of DDT or its isomers or metabolites for specified research by educational institutions if it finds that no ecologically significant residues of DDT or its isomers or metabolites will be allowed to escape into the environment.".

AB100-ASA1-AA1,280,21 876. Page 1338, line 4: after that line insert:

AB100-ASA1-AA1,280,22 " Section 2923p. 138.09 (4a) of the statutes is repealed.".

AB100-ASA1-AA1,280,23 877. Page 1338, line 4: after that line insert:

AB100-ASA1-AA1,281,2 " Section 2923m. 138.09 (3) (e) of the statutes is renumbered 138.09 (3) (e) 1. (intro.) and amended to read:

AB100-ASA1-AA1,281,5 138.09 (3) (e) 1. (intro.) A Except as provided in subd. 2., a licensee may conduct, and permit others to conduct, at the location specified in its license, any one or more of the following businesses not subject to this section:

AB100-ASA1-AA1,281,8 a. A business engaged in making loans for business or agricultural purposes or exceeding $25,000 in principal amount, except that all such loans having terms of 49 months or more are subject to sub. (7) (gm) 2. or 4., a

AB100-ASA1-AA1,281,10 b. A business engaged in making first lien real estate mortgage loans under ss. 138.051 to 138.06, a.

AB100-ASA1-AA1,281,11 c. A loan, finance or discount business under s. 218.01, or an.

AB100-ASA1-AA1,281,12 d. An insurance business, or a.

AB100-ASA1-AA1,281,13 e. A currency exchange under s. 218.05, or a.

AB100-ASA1-AA1,281,14 f. A seller of checks business under ch. 217; but.

AB100-ASA1-AA1,281,17 2. A licensee may not sell merchandise shall not be sold at such location; and no or conduct other business shall be conducted at such at the location specified in the license unless written authorization is granted to the licensee by the division.

AB100-ASA1-AA1, s. 2926e Section 2926e. 138.10 (2) of the statutes is amended to read:

AB100-ASA1-AA1,281,20 138.10 (2) Maximum loan. A Unless made by a person licensed under s. 138.09, a pawnbroker's loan shall may not exceed $150.

AB100-ASA1-AA1, s. 2926m Section 2926m. 138.10 (2m) of the statutes is created to read:

AB100-ASA1-AA1,281,24 138.10 (2m) Pawnbroking by licensed lenders. The division of banking may promulgate rules regulating the conduct of pawnbroking by persons licensed under s. 138.09.

AB100-ASA1-AA1, s. 2926s Section 2926s. 138.10 (3) of the statutes is renumbered 138.10 (1), and 138.10 (1) (intro.), as renumbered, is amended to read:

AB100-ASA1-AA1,282,4 138.10 (1) Definitions. (intro.) The following terms in In this section shall be construed to have the following meanings:".

AB100-ASA1-AA1,282,5 878. Page 1338, line 4: after that line insert:

AB100-ASA1-AA1,282,6 " Section 2934m. Chapter 139 (title) of the statutes is amended to read:

AB100-ASA1-AA1,282,7 CHAPTER 139

AB100-ASA1-AA1,282,10 BEVERAGE, CONTROLLED SUBSTANCES AND TOBACCO TAXES; amusement device fee;

AB100-ASA1-AA1,282,11 vending machine permits".

AB100-ASA1-AA1,282,12 879. Page 1339, line 3: after that line insert:

AB100-ASA1-AA1,282,13 " Section 2939m. 139.03 (2x) (d) of the statutes is amended to read:

AB100-ASA1-AA1,282,21 139.03 (2x) (d) Late filing fee. Any person who fails to file a floor tax return when due shall pay a late filing fee of $10. A return that is mailed shall be considered filed in time if it is mailed in a properly addressed envelope with 1st class postage duly prepaid, if the envelope is officially postmarked on the date due and if the return is actually received by the department or at the destination that the department prescribes within 5 days of the due date. A return that is not mailed is timely if it is received on or before the due date by the department or at the destination that the department prescribes.".

AB100-ASA1-AA1,282,22 880. Page 1341, line 21: after that line insert:

AB100-ASA1-AA1,282,23 " Section 2950m. 139.09 of the statutes is amended to read:

AB100-ASA1-AA1,283,4 139.09 Registration. Every brewer, bottler, manufacturer, rectifier, wholesaler or retailer liable for payment of the occupational tax imposed in ss. 139.01 to 139.25 shall apply for hold a valid certificate under s. 73.03 (50). The secretary shall assign the person a registration number.".

AB100-ASA1-AA1,283,5 881. Page 1343, line 10: delete "30" and substitute " 29.5".

AB100-ASA1-AA1,283,6 882. Page 1343, line 13: delete "60" and substitute " 59".

AB100-ASA1-AA1,283,7 883. Page 1344, line 25: after that line insert:

AB100-ASA1-AA1,283,8 " Section 2962j. 139.323 (intro.) of the statutes is amended to read:

AB100-ASA1-AA1,283,13 139.323 Refunds to Indian tribes. (intro.) The department shall refund 70% 50%, unless this state and the tribe agree to a lower percentage, of the taxes collected under s. 139.31 (1) in respect to sales on reservations or trust lands of an Indian tribe to the tribal council of the tribe having jurisdiction over the reservation or trust land on which the sale is made if all the following conditions are fulfilled:".

AB100-ASA1-AA1,283,14 884. Page 1348, line 8: delete lines 8 to 20 and substitute:

AB100-ASA1-AA1,283,15 " Section 2977c. 139.81 (1) of the statutes is amended to read:

AB100-ASA1-AA1,284,4 139.81 (1) No person may sell or take orders for tobacco products for resale in this state for any manufacturer or permittee without first obtaining unless the person has filed an application for and obtained a valid certificate under s. 73.03 (50) and a salesperson's permit from the department. No manufacturer or permittee shall authorize any person to sell or take orders for tobacco products in this state without first having such person secure unless the person has filed an application for and obtained a valid certificate under s. 73.03 (50) and a salesperson's permit. The fee for the permit is $2. Each application for a permit shall disclose the name and address of the employer and shall remain effective only while the salesperson represents the named employer. If the salesperson is thereafter employed by another manufacturer or permittee the salesperson shall obtain a new salesperson's permit. Each manufacturer and permittee shall notify the department within 10 days after the resignation or dismissal of any salesperson holding a permit.".

AB100-ASA1-AA1,284,5 885. Page 1349, line 11: after that line insert:

AB100-ASA1-AA1,284,7 " Section 2980r. Subchapter VI of chapter 139 [precedes 139.98] of the statutes is created to read:

AB100-ASA1-AA1,284,9 chapter 139 subchapter vi

AB100-ASA1-AA1,284,10 vending machine permits

AB100-ASA1-AA1,284,11 139.98 Definitions. In this subchapter:

AB100-ASA1-AA1,284,12 (1) "Department" means the department of revenue.

AB100-ASA1-AA1,284,16 (2) "Vending machine" means any self-service device offered for public use that, upon insertion of a coin or token, or by other means, dispenses unit servings of food or a beverage, either in bulk or in a package, without the necessity of replenishing the device between each vending operation.

AB100-ASA1-AA1,284,22 139.981 Permit. (1) No person may operate a vending machine unless that person has applied to the department for a permit, paid the required fee and displayed on the vending machine, in a manner that the department specifies, a decal that the department provides and that is evidence that the permit fee has been paid. The department may not issue a permit to any person who is delinquent in the payment of any tax. Permits expire on January 1.

AB100-ASA1-AA1,285,4 (2) The fee required under sub. (1) is $65 for vending machines that are in service at any time before July 1 plus $1 if the machine is located in a county that imposes a tax under subch. V of ch. 77 and $31 for vending machines that are placed in service on July 1 or later, except that the fee for vending machines that dispense no food or beverage that costs more than 25 cents is $10, regardless of the date on which the vending machine is placed in service.

AB100-ASA1-AA1,285,6 139.982 Operating without a permit. If a person who has not obtained the necessary permit operates a vending machine:

AB100-ASA1-AA1,285,8 (1) The department or the entity with which it has contracted shall seal the vending machine and render it inoperative.

AB100-ASA1-AA1,285,15 (2) The department or the entity with which it has contracted shall notify the owner of the vending machine that the fee is due within 10 days and that its amount is double the appropriate amount under s. 139.981 (2). If the department or the entity with which it has contracted cannot determine the vending machine's owner, it shall so notify the owner of the premises. The department or the entity with which it has contracted shall remit 50% to the department of administration for deposit in the general fund.

AB100-ASA1-AA1,285,18 (3) If the owner of the vending machine does not pay a fee due under sub. (2), the owner shall pay $250 to the department or to the entity with which it has contracted.

AB100-ASA1-AA1,285,22 139.983 Administration. (1) The department shall administer, or contract for administration of, the permit under this subchapter. The department of administration shall credit to the appropriation under s. 20.566 (1) (ge) $2 for each $10 permit and $8 for each other permit that is issued during the year.

AB100-ASA1-AA1,285,24 (2) Sections 77.52 (18) and 77.61 (5) and (12), as they apply to the taxes under subch. III of ch. 77, apply to the fee under this subchapter.".

AB100-ASA1-AA1,286,1 886. Page 1349, line 11: after that line insert:

AB100-ASA1-AA1,286,3 " Section 2980m. Subchapter V of chapter 139 [precedes 139.97] of the statutes is created to read:

AB100-ASA1-AA1,286,4 Chapter 139

AB100-ASA1-AA1,286,5 Subchapter V

AB100-ASA1-AA1,286,6 Amusement Device Fee

AB100-ASA1-AA1,286,12 139.97 Jukeboxes and amusement devices; permit; restrictions. (1) Permit required. No person may set up jukeboxes or amusement devices that the person does not own and that are activated by a coin, currency, token or similar thing of value without obtaining a permit from the department of revenue to engage in such business. A permittee shall conspicuously display his or her name and permit number on each device that the permittee sets up. Permits expire on June 30.