AB100,1237,2221
b. If the applicant is not an individual, the applicant's federal employer
22identification number.
AB100,1237,2423
2. The division may not disclose any information received under subd. 1. to any
24person except as follows:
AB100,1238,2
1a. The division may disclose information under subd. 1. to the department of
2revenue for the sole purpose of requesting certifications under s. 73.0301.
AB100,1238,53
b. The division may disclose information under subd. 1. a. to the department
4of industry, labor and job development in accordance with a memorandum of
5understanding under s. 49.857.
AB100, s. 2922
6Section
2922. 138.09 (3) (a) of the statutes is amended to read:
AB100,1238,157
138.09
(3) (a) Upon the filing of such application and the payment of such fee,
8the division shall investigate the relevant facts
, and if. Except as provided in par.
9(am), if the division shall find that the character and general fitness and the financial
10responsibility of the applicant, and the members thereof if the applicant is a
11partnership, limited liability company or association, and the officers and directors
12thereof if the applicant is a corporation, warrant the belief that the business will be
13operated in compliance with this section the division shall thereupon issue a license
14to said applicant to make loans in accordance with the provisions of this section. If
15the division shall not so find, the division shall deny such application.
AB100, s. 2923
16Section
2923. 138.09 (3) (am) of the statutes is created to read:
AB100,1238,1817
138.09
(3) (am) The division may not issue a license under this section to an
18applicant if any of the following applies:
AB100,1238,2019
1. The applicant fails to provide the information required under sub. (1m) (b)
201.
AB100,1238,2221
2. The department of revenue certifies under s. 73.0301 that the applicant is
22liable for delinquent taxes.
AB100,1239,223
3. The applicant is delinquent in making court-ordered payments of child or
24family support, maintenance, birth expenses, medical expenses or other expenses
1related to the support of a child or former spouse, as provided in a memorandum of
2understanding entered into under s. 49.857.
AB100, s. 2924
3Section
2924. 138.09 (4) of the statutes is renumbered 138.09 (4) (a).
AB100, s. 2925
4Section
2925. 138.09 (4) (b) of the statutes is created to read:
AB100,1239,115
138.09
(4) (b) The division shall restrict or suspend a license under this section
6if, in the case of a licensee who is an individual, the licensee is delinquent in making
7court-ordered payments of child or family support, maintenance, birth expenses,
8medical expenses or other expenses related to the support of a child or former spouse,
9as provided in a memorandum of understanding entered into under s. 49.857. A
10licensee whose license is restricted or suspended under this paragraph is entitled to
11a notice and hearing under s. 49.857 but is not entitled to a hearing under par. (a).
AB100, s. 2926
12Section
2926. 138.09 (4) (c) of the statutes is created to read:
AB100,1239,1713
138.09
(4) (c) The division shall revoke a license under this section if the
14department of revenue certifies that the licensee is liable for delinquent taxes under
15s. 73.0301. A licensee whose license is revoked under this paragraph for delinquent
16taxes is entitled to a hearing under s. 73.0301 (5) (a) but is not entitled to a hearing
17under par. (a).
AB100, s. 2927
18Section
2927. 138.12 (3) (d) of the statutes is created to read:
AB100,1239,2019
138.12
(3) (d) 1. An application for a license under this section shall contain the
20following:
AB100,1239,2121
a. If the applicant is an individual, the applicant's social security number.
AB100,1239,2322
b. If the applicant is not an individual, the applicant's federal employer
23identification number.
AB100,1239,2524
2. The division may not disclose any information received under subd. 1. to any
25person except as follows:
AB100,1240,2
1a. The division may disclose information under subd. 1. to the department of
2revenue for the sole purpose of requesting certifications under s. 73.0301.
AB100,1240,53
b. The division may disclose information under subd. 1. a. to the department
4of industry, labor and job development in accordance with a memorandum of
5understanding under s. 49.857.
AB100, s. 2928
6Section
2928. 138.12 (4) (a) of the statutes is renumbered 138.12 (4) (a) (intro.)
7and amended to read:
AB100,1240,138
138.12
(4) (a) (intro.) Upon the filing of an application and the payment of the
9required fees under par. (am) 1., the division shall make an investigation of each
10applicant and shall issue a license if the division finds the applicant is qualified in
11accordance with this section. If the division does not so find, the division shall, within
1230 days after the division has received the application, notify the applicant and, at
13the request of the applicant, give the applicant a full hearing
., except as follows:
AB100, s. 2929
14Section
2929. 138.12 (4) (a) 1. and 2. of the statutes are created to read:
AB100,1240,1715
138.12
(4) (a) 1. An applicant whose application is denied under par. (b) 5. is
16entitled to a hearing under s. 73.0301 (5) (a) but is not entitled to a hearing under
17this paragraph.
AB100,1240,1918
2. An applicant whose application is denied under par. (b) 6. is entitled to notice
19and a hearing under s. 49.857 but is not entitled to a hearing under this paragraph.
AB100, s. 2930
20Section
2930. 138.12 (4) (b) 4. of the statutes is created to read:
AB100,1240,2121
138.12
(4) (b) 4. Has provided the information required under sub. (3) (d) 1.
AB100, s. 2931
22Section
2931. 138.12 (4) (b) 5. of the statutes is created to read:
AB100,1240,2423
138.12
(4) (b) 5. Has not been certified by the department of revenue under s.
2473.0301 as being liable for delinquent taxes.
AB100, s. 2932
25Section
2932. 138.12 (4) (b) 6. of the statutes is created to read:
AB100,1241,4
1138.12
(4) (b) 6. If an individual, is not delinquent in making court-ordered
2payments of child or family support, maintenance, birth expenses, medical expenses
3or other expenses related to the support of a child or former spouse, as provided in
4a memorandum of understanding entered into under s. 49.857.
AB100, s. 2933
5Section
2933. 138.12 (5) (a) of the statutes is amended to read:
AB100,1241,86
138.12
(5) (a) The
commissioner division may revoke or suspend the license of
7any insurance premium finance company if the
commissioner division finds
that any
8of the following:
AB100,1241,99
1. Any license issued to such company was obtained by fraud
,.
AB100,1241,1010
2. There was any misrepresentation in the application for the license
,.
AB100,1241,1211
3. The holder of such license has otherwise shown himself or herself
12untrustworthy or incompetent to act as a premium finance company
,.
AB100,1241,1313
4.
Such The company has violated any provision of this section
, or.
AB100,1241,1714
5.
Such The company has been rebating part of the service charge as allowed
15and permitted herein to any insurance agent or insurance broker or any employe of
16an insurance agent or insurance broker or to any other person as an inducement to
17the financing of any insurance policy with the premium finance company.
AB100, s. 2934
18Section
2934. 138.12 (5) (am) of the statutes is created to read:
AB100,1241,2019
138.12
(5) (am) 1. The division shall deny an application for a license renewal
20if any of the following applies:
AB100,1241,2221
a. The applicant has failed to provide the information required under sub. (3)
22(d) 1.
AB100,1242,223
b. The department of revenue has certified under s. 73.0301 that the applicant
24is liable for delinquent taxes under s. 73.0301. An applicant whose renewal
1application is denied under this subd. 1. b. is entitled to a hearing under s. 73.0301
2(5) (a) but is not entitled to a hearing under par. (b).
AB100,1242,93
c. In the case of a licensee who is an individual, the applicant is delinquent in
4making court-ordered payments of child or family support, maintenance, birth
5expenses, medical expenses or other expenses related to the support of a child or
6former spouse, as provided in a memorandum of understanding entered into under
7s. 49.857. An applicant whose renewal application is denied under this subd. 1. c.
8is entitled to a notice and hearing under s. 49.857 but is not entitled to a hearing
9under par. (b).
AB100,1242,1710
2. The division shall restrict or suspend the license of any insurance premium
11finance company if the division finds that, in the case of a licensee who is an
12individual, the licensee is delinquent in making court-ordered payments of child or
13family support, maintenance, birth expenses, medical expenses or other expenses
14related to the support of a child or former spouse, as provided in a memorandum of
15understanding entered into under s. 49.857. A licensee whose license is restricted
16or suspended under this subdivision is entitled to a notice and hearing under s.
1749.857 but is not entitled to a hearing under par. (b).
AB100,1242,2218
3. The division shall revoke the license of any insurance premium finance
19company if the department of revenue has certified under s. 73.0301 that the licensee
20is liable for delinquent taxes under s. 73.0301. A licensee whose license is revoked
21under this subdivision for delinquent taxes is entitled to a hearing under s. 73.0301
22(5) (a) but is not entitled to a hearing under par. (b).
AB100, s. 2935
23Section
2935. 139.01 (2g) of the statutes is created to read:
AB100,1242,2424
139.01
(2g) "Department" means the department of revenue.
AB100, s. 2936
25Section
2936. 139.01 (2r) of the statutes is created to read:
AB100,1243,4
1139.01
(2r) "File" means mail or deliver a document that the department
2prescribes to the department or, if the department prescribes another method of
3submitting or another destination, use that other method or submit to that other
4destination.
AB100, s. 2937
5Section
2937. 139.01 (5m) of the statutes is created to read:
AB100,1243,86
139.01
(5m) "Pay" means mail or deliver funds to the department or, if the
7department prescribes another method of payment or another destination, use that
8other method or submit to that other destination.
AB100, s. 2938
9Section
2938. 139.01 (9m) of the statutes is created to read:
AB100,1243,1110
139.01
(9m) "Sign" means write one's signature or, if the department
11prescribes another method of authenticating, use that other method.
AB100, s. 2939
12Section
2939. 139.03 (2x) (a) of the statutes is amended to read:
AB100,1243,2113
139.03
(2x) (a)
Floor tax imposed. On the date tax rate changes become
14effective under this section a floor tax is imposed upon every manufacturer, rectifier,
15wholesaler and retailer who is in possession of any intoxicating liquor held for resale
16on which the intoxicating liquor tax already has been imposed. The person shall
17determine the volume of that intoxicating liquor and shall file
with the department
18of revenue a return by the 15th day of the month following the month in which the
19new tax rate becomes effective
a return, together with
and shall pay any tax due on
20it,
as determined under par. (b).
The department of revenue shall provide the returns
21required under this subsection.
AB100, s. 2940
22Section
2940. 139.03 (2x) (c) of the statutes is amended to read:
AB100,1244,223
139.03
(2x) (c)
Administration. Sections 71.74 (1), (2), (10), (11), (13) and (14),
2471.75 (4) to (7), 71.80 (12), 71.82 (2), 71.83 (2) (b) 3., 71.88 (1) (a) and (2) (a), 71.89,
2571.90, 71.91 (1) (a) and (c) and (2) to
(8) (7), 71.92, 73.01
and, 73.015
and 73.0301
1apply to the administration of this subsection for the assessment and collection of
2additional taxes when tax rate changes become effective.
AB100, s. 2941
3Section
2941. 139.03 (4) of the statutes is amended to read:
AB100,1244,84
139.03
(4) Sections 71.74 (1), (2), (10), (11), (13) and (14), 71.75 (4) to (7), 71.80
5(12), 71.82 (2), 71.83 (2) (b) 3., 71.88 (1) (a) and (2) (a), 71.89, 71.90, 71.91 (1) (a) and
6(c) and (2) to
(8) (7), 71.92, 73.01
and, 73.015
and 73.0301 apply to the administration
7of this section for the assessment and collection of additional taxes when a tax rate
8change becomes effective.
AB100, s. 2942
9Section
2942. 139.035 of the statutes is renumbered 139.035 (1) and amended
10to read:
AB100,1244,2011
139.035
(1) The department shall negotiate and, if possible, enter into
12reciprocal agreements with the appropriate officials of other states concerning the
13shipping of wine to individuals in this state under ss. 125.58 (4) and 125.68 (10) (bm).
14The purpose of the agreements shall be to permit those shipments while ensuring
15that the fiscal impact of shipments of wine to individuals in this state from other
16states, and from this state to individuals in other states, is fair to this state. An
17agreement under this
section subsection may include the provision that this state
18will tax wine shipped from this state to individuals in another state and the other
19state will tax wine shipped to individuals in this state.
This subsection does not
20apply after the effective date of this subsection .... [revisor inserts date].
AB100, s. 2943
21Section
2943. 139.035 (2) of the statutes is created to read:
AB100,1245,222
139.035
(2) No agreement under sub. (1) may be entered into, renewed,
23extended or, except as provided in this subsection, modified on or after the effective
24date of this subsection .... [revisor inserts date]. The department shall negotiate with
1the appropriate officials of states with which this state has an agreement under sub.
2(1) and, if possible, withdraw from the agreement.
AB100, s. 2944
3Section
2944. 139.05 (1) of the statutes is amended to read:
AB100,1245,64
139.05
(1) The tax imposed in s. 139.02 shall be paid
to the department on or
5before the
fifteenth 15th day of the month following the month in which such malt
6beverages are first sold in this state or shipped into this state.
AB100, s. 2945
7Section
2945. 139.05 (2a) of the statutes is amended to read:
AB100,1245,188
139.05
(2a) For the purposes of subs. (1) and (2), the The payments and returns
9therein referred to shall be considered under subs. (1) and (2) that are mailed are 10furnished, filed or made on time, and payments therein referred to
shall be
11considered are timely
made, if mailed in a properly addressed envelope, with first
12class postage duly prepaid, which envelope is officially postmarked before midnight
13on the date prescribed for such furnishing, filing or making of such payment,
14provided such statement, return or payment is actually received by the secretary of
15revenue
or at the destination that the department prescribes within 5 days of the
16prescribed date.
Payments and returns that are not mailed are timely if they are
17received on or before the due date by the department or at the destination that the
18department prescribes.
AB100, s. 2946
19Section
2946. 139.05 (4) of the statutes is amended to read:
AB100,1246,520
139.05
(4) In order to ensure the payment of the tax under s. 139.02 together
21with all interest and penalties thereon, all persons required to make returns and
22payment of such tax shall first either deposit with the secretary security in the
23amount, and of a type, determined by the secretary or enter into a surety bond with
24corporate surety, both bond and surety to be approved by the secretary. The secretary
25shall require a bond in total amount equal to twice the taxpayer's estimated
1maximum monthly tax, ascertained in such manner as the secretary deems proper,
2and the secretary may increase or reduce the amount of the bond, except that the
3amount of such bond required of any one taxpayer shall not be less than $1,000 nor
4more than $100,000. These bonds shall be filed
with the secretary. The state shall
5not pay interest on security placed with the secretary.
AB100, s. 2947
6Section
2947. 139.05 (7) (b) of the statutes is amended to read:
AB100,1246,177
139.05
(7) (b) Such license shall be issued by the secretary to persons who hold
8a valid certificate issued under s. 73.03 (50). The application for such license shall
9be verified and shall contain an agreement on the part of the brewer that the brewer
10shall observe all laws of this state relating to fermented malt beverages, and such
11other information and statements as the secretary may require. Any such brewer
12who has, directly or indirectly, violated any law of this state relating to fermented
13malt beverages shall not be entitled to such a license. The secretary may require the
14applicant to furnish
and file a bond
to be approved by the secretary payable to the
15state in an amount not less than $1,000 nor more than $5,000 conditioned upon the
16faithful compliance by the applicant with the undertakings set forth in the
17application for the license.
AB100, s. 2948
18Section
2948. 139.06 (1) (c) of the statutes is amended to read:
AB100,1246,2119
139.06
(1) (c) Each person subject to the tax under s. 139.03 shall file an
20information report
prescribed by the secretary on the dates prescribed by the
21secretary.
AB100, s. 2949
22Section
2949. 139.06 (2) (a) and (b) of the statutes are amended to read:
AB100,1247,523
139.06
(2) (a) The taxes on wine containing not in excess of 21% of alcohol by
24volume shall be paid to and a monthly return filed
with the department on or before
25the 15th of the month following the month in which tax liability is incurred. Tax
1liability is incurred by the shipper when wine is shipped into the state. In the case
2of wine produced or bottled within the state and wine imported directly from a
3foreign country into the state by a Wisconsin permittee or winery licensee, tax
4liability is incurred by the permittee or winery licensee at the time of first sale within
5the state.