1999 Wisconsin Act 9

9,2165rz Section 2165rz. 134.95 (2) of the statutes is amended to read:

134.95 (2) Supplemental forfeiture. If a fine or a forfeiture is imposed on a person for a violation under s. 100.171, 100.173, 100.174, 100.175, 100.177, 134.71, 134.72, 134.73 or 134.87 or ch. 136 or a rule promulgated under these sections or that chapter, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the fine or forfeiture was imposed, was perpetrated against an elderly person or disabled person and if any of the factors under s. 100.264 (2) (a), (b) or (c) is present.

9,2166e Section 2166e. 135.02 (3) of the statutes is renumbered 135.02 (3) (intro.) and amended to read:

135.02 (3) (intro.) "Dealership" means a any of the following:

(a) A contract or agreement, either expressed or implied, whether oral or written, between 2 or more persons, by which a person is granted the right to sell or distribute goods or services, or use a trade name, trademark, service mark, logotype, advertising or other commercial symbol, in which there is a community of interest in the business of offering, selling or distributing goods or services at wholesale, retail, by lease, agreement or otherwise.

9,2166m Section 2166m. 135.02 (3) (b) of the statutes is created to read:

135.02 (3) (b) A contract or agreement, either expressed or implied, whether oral or written, between 2 or more persons by which a wholesaler, as defined in s. 125.02 (21), is granted the right to sell or distribute intoxicating liquor , as defined in s. 125.02 (8), or use a trade name, trademark, service mark, logotype, advertising or other commercial symbol related to intoxicating liquor. This paragraph does not apply to dealerships described in s. 135.066 (5) (a) and (b).

9,2166s Section 2166s. 135.066 of the statutes is created to read:

135.066 Intoxicating liquor dealerships. (1) Legislative findings. The legislature finds that a balanced and healthy 3-tier system for distributing intoxicating liquor is in the best interest of this state and its citizens; that the 3-tier system for distributing intoxicating liquor has existed since the 1930's; that a balanced and healthy 3-tier system ensures a level system between the manufacturer and wholesale tiers; that a wholesale tier consisting of numerous healthy competitors is necessary for a balanced and healthy 3-tier system; that the number of intoxicating liquor wholesalers in this state is in significant decline; that this decline threatens the health and stability of the wholesale tier; that the regulation of all intoxicating liquor dealerships, regardless of when they were entered into, is necessary to promote and maintain a wholesale tier consisting of numerous healthy competitors; and that the maintenance and promotion of the 3-tier system will promote the public health, safety and welfare. The legislature further finds that a stable and healthy wholesale tier provides an efficient and effective means for tax collection. The legislature further finds that dealerships between intoxicating liquor wholesalers and manufacturers have been subject to state regulation since the enactment of the 21st Amendment to the U.S. Constitution and that the parties to those dealerships expect changes to state legislation regarding those dealerships.

(2) Definitions. In this section:

(a) "Intoxicating liquor" has the meaning given in s. 125.02 (8) .

(b) "Net revenues" means the gross dollar amount received from the sale of intoxicating liquor minus adjustments for returns, discounts and allowances.

(c) "Wholesaler" has the meaning given in s. 125.02 (21).

(d) "Wine" has the meaning given in 125.02 (22).

(3) Liability of transferee of intoxicating liquor grantor. (a) In this subsection:

1. "Goodwill" includes the use of a trademark, trade name, logotype or other commercial symbol, and the use of a variation of a trademark, trade name, logotype, advertisement or other commercial symbol.

2. "Transferee" means a person who acquires any asset or activity of a grantor's intoxicating liquor business and who uses the goodwill associated with the intoxicating liquor of the grantor.

(b) A transferee shall be bound by each of the grantor's dealerships with the grantor's wholesalers and consequently shall be considered a grantor for purposes of, and shall comply with, the requirements of this chapter.

(4) Change in ownership. (a) In this subsection, "successor wholesaler" means a wholesaler who succeeds to the management, ownership or control of a wholesaler or wholesaler's business or any part of a wholesaler's business by any means including by stock purchase, sale of assets or transfer or assignment of a brand of intoxicating liquor that is the subject of a dealership agreement.

(b) A change in the management, ownership or control of a wholesaler, a wholesaler's business or any part of a wholesaler's business is not good cause for a grantor to terminate, cancel, fail to renew or substantially change the competitive circumstances of its dealership with a successor wholesaler if the successor wholesaler meets the grantor's reasonable and material qualifications for wholesaler applicants in effect at the time of the change. If the successor wholesaler meets the grantor's reasonable and material qualifications for wholesaler applicants in effect at the time of the change, the successor wholesaler shall succeed to the dealership rights of the predecessor wholesaler and the grantor shall continue to be bound by the dealership.

(5) Nonapplicability. This section does not apply to any of the following dealerships:

(a) Dealerships in which a grantor, including any affiliate, division or subsidiary of the grantor, has never produced more than 200,000 gallons of intoxicating liquor in any year.

(b) Dealerships in which the dealer's net revenues from the sale of all of the grantor's brands of intoxicating liquor , except wine, constitute less than 5% of the dealer's total net revenues from the sale of intoxicating liquor, except wine, during the dealer's most recent fiscal year preceding a grantor's cancellation or alteration of a dealership and the dealer's net revenues from the sale of all of the grantor's brands of wine constitute less than 5% of the dealer's total net revenues from the sale of wine during the dealer's most recent fiscal year preceding a grantor's cancellation or alteration of a dealership.

(6) Severability. The provisions of this section are severable as provided in s. 990.001 (11).

9,2166t Section 2166t. 138.052 (5) (am) 2. a. of the statutes is amended to read:

138.052 (5) (am) 2. a. On January 1, 1994, and annually thereafter, the division of banking for banks, the division of savings and loan institutions for savings and loan associations and savings banks and the office of credit unions for credit unions shall determine the interest rate that is the average of the interest rates paid, rounded to the nearest one-hundredth of a percent, on regular passbook deposit accounts by institutions under the division's or office's jurisdiction at the close of the last quarterly reporting period that ended at least 30 days before the determination is made.

9,2167a Section 2167a. 138.052 (5) (am) 2. b. of the statutes is amended to read:

138.052 (5) (am) 2. b. The office of credit unions and the division of banking shall report the rate calculated to the division of savings and loan institutions within 5 days after the date on which the determination is made. The division of savings and loan institutions shall calculate the average, rounded to the nearest one-hundredth of a percent, of the 3 rates and report that interest rate to the revisor of statutes within 5 days after the date on which the determination is made.

9,2168a Section 2168a. 138.055 (4) (a) of the statutes is amended to read:

138.055 (4) (a) The division of savings and loan institutions, if the lender is a savings and loan association or savings bank;

9,2169a Section 2169a. 138.056 (1) (a) 4. a. of the statutes is amended to read:

138.056 (1) (a) 4. a. The division of savings and loan institutions, if the lender is a savings and loan association or savings bank;

9,2169g Section 2169g. 138.056 (1) (b) of the statutes is amended to read:

138.056 (1) (b) "Dwelling" includes a cooperative housing unit and a mobile home, as defined in s. 218.10 (2) 101.91 (2e).

9,2169m Section 2169m. 138.056 (1) (c) of the statutes is amended to read:

138.056 (1) (c) "Mobile home transaction" means a consumer credit sale, as defined in s. 421.301 (9), of or a consumer loan, as defined in s. 421.301 (12), secured by a first lien or equivalent security interest in a mobile home, as defined in s. 218.10 (2) 101.91 (2e).

9,2169pc Section 2169pc. 138.09 (1m) (b) 1. (intro.) of the statutes is amended to read:

138.09 (1m) (b) 1. (intro.) An Except as provided in par. (c), an application under par. (a) for a license shall contain the following:

9,2169pf Section 2169pf. 138.09 (1m) (c) of the statutes is created to read:

138.09 (1m) (c) 1. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license, shall submit a statement made or subscribed under oath or affirmation to the division that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development.

2. Notwithstanding sub. (3) (b), any license issued or renewed in reliance upon a false statement submitted by an applicant under subd. 1. is invalid.

9,2169pm Section 2169pm. 138.09 (3) (am) 1. of the statutes is amended to read:

138.09 (3) (am) 1. The applicant fails to provide the any information required under sub. (1m) (b).

9,2169r Section 2169r. 138.09 (7) (jm) 1. b. of the statutes is amended to read:

138.09 (7) (jm) 1. b. The loan administration fee is charged for a consumer loan that is secured primarily by an interest in real property or in a mobile home, as defined in s. 218.10 (2) 101.91 (2e).

9,2170d Section 2170d. 138.12 (3) (d) 1. (intro.) of the statutes is amended to read:

138.12 (3) (d) 1. (intro.) An Except as provided in par. (e), an application for a license under this section shall contain the following:

9,2170g Section 2170g. 138.12 (3) (e) of the statutes is created to read:

138.12 (3) (e) 1. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license under this section, shall submit a statement made or subscribed under oath or affirmation to the division that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development.

2. Any license issued or renewed in reliance upon a false statement submitted by an applicant under subd. 1. is invalid.

9,2170h Section 2170h. 138.12 (5) (a) of the statutes is amended to read:

138.12 (5) (a) The commissioner division may revoke or suspend the license of any insurance premium finance company if the commissioner division finds that any of the following:

1. Any license issued to such company was obtained by fraud,.

2. There was any misrepresentation in the application for the license,.

3. The holder of such license has otherwise shown himself or herself untrustworthy or incompetent to act as a premium finance company,.

4. Such The company has violated any provision of this section, or.

5. Such The company has been rebating part of the service charge as allowed and permitted herein to any insurance agent or insurance broker or any employe of an insurance agent or insurance broker or to any other person as an inducement to the financing of any insurance policy with the premium finance company.

9,2170n Section 2170n. 138.12 (5) (am) 1. c. of the statutes is amended to read:

138.12 (5) (am) 1. c. In the case of a licensee who is an individual, the applicant fails to provide his or her social security number, fails to comply, after appropriate notice, with a subpoena or warrant that is issued by the department of workforce development or a county child support agency under s. 59.53 (5) and that is related to paternity or child support proceedings or the applicant is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose renewal application is denied under this subd. 1. c. is entitled to a notice and hearing under s. 49.857 but is not entitled to a hearing under par. (b).

9,2170s Section 2170s. 139.03 (5) (b) of the statutes is renumbered 139.03 (5) (b) 1. and amended to read:

139.03 (5) (b) 1. Any Except as provided in subd. 2., any person, except an underage person as defined under s. 125.02 (20m), who leaves a foreign country, after spending at least 48 hours in that foreign country, with the purpose of entering this state may have in that person's possession and bring into the state intoxicating liquor or wine in sealed original containers in amounts not to exceed, in the aggregate, 4 liters without payment of the tax imposed under this subchapter. The 4 liters of tax-free intoxicating liquor and wines may not be sent, shipped or carried into the state other than in the immediate possession of the person as qualified by this subsection.

9,2170t Section 2170t. 139.03 (5) (b) 2. of the statutes is created to read:

139.03 (5) (b) 2. A person who is a member of the national guard, the U. S. armed forces or a reserve component of the U. S. armed forces; who is a state resident; and who leaves a foreign country, after spending at least 48 hours in that foreign country on duty or for training, with the purpose of entering into this state may bring into the state, in sealed original containers and in the person's immediate possession, intoxicating liquor and wine in an aggregate amount not exceeding 16 liters without paying the tax imposed under this subchapter on that amount.

9,2171 Section 2171. 139.30 (5) of the statutes is amended to read:

139.30 (5) "Indian tribe" means a federally recognized American Indian tribe or band in this state.

9,2171m Section 2171m. 139.30 (13m) of the statutes is created to read:

139.30 (13m) "Trust lands" means any lands in this state held in trust by the U. S. government for the benefit of a tribe or a member of a tribe.

9,2171p Section 2171p. 139.32 (5) of the statutes is amended to read:

139.32 (5) Manufacturers and distributors having a permit from the secretary shall receive a discount of 1.6% 2% of the tax.

9,2173 Section 2173. 139.75 (4d) of the statutes is created to read:

139.75 (4d) "Enrolled member" has the meaning given in s. 139.30 (4).

9,2174 Section 2174. 139.75 (4p) of the statutes is created to read:

139.75 (4p) "Indian tribe" has the meaning given in s. 139.30 (5).

9,2175 Section 2175. 139.75 (6m) of the statutes is created to read:

139.75 (6m) "Reservation" has the meaning given in s. 139.30 (9).

9,2175m Section 2175m. 139.75 (12m) of the statutes is created to read:

139.75 (12m) "Trust lands" has the meaning given in s. 139.30 (13m).

9,2176 Section 2176. 139.76 (1) of the statutes is amended to read:

139.76 (1) An occupational excise tax is imposed upon the sale, offering or exposing for sale, possession with intent to sell or removal for consumption or sale or other disposition for any purpose of tobacco products by any person engaged as a distributor of them at the rate of 20% of the manufacturer's established list price to distributors without diminution by volume or other discounts on domestic products. On products imported from another country the rate of tax is 20% of the amount obtained by adding the manufacturer's list price to the federal tax, duties and transportation costs to the United States. The tax attaches at the time the tobacco products are received by the distributor in this state. The tax shall be passed on to the ultimate consumer of the tobacco products. All tobacco products received in this state for sale or distribution within this state, except tobacco products actually sold as provided in sub. (2), shall be subject to such tax.

9,2177 Section 2177. 139.76 (2) of the statutes is amended to read:

139.76 (2) Tobacco products sold to or by post exchanges of the U.S. armed forces, to or by federally or state-operated veterans hospitals in this state, and tobacco products sold to an interstate carrier of passengers for hire to be resold to bona fide passengers actually being transported and tobacco products sold for shipment outside this state in interstate commerce are not subject to the tax. The tax imposed by sub. (1) and s. 139.78 shall not apply with respect to any tobacco products which under the constitution and laws of the United States may not be taxed by this state.

9,2178 Section 2178. 139.803 of the statutes is created to read:

139.803 Refunds to Indian tribes. The department may refund 70% of the taxes collected under s. 139.76 (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 only if all of the following conditions are fulfilled:

(1) The tribal council has filed a claim for the refund with the department.

(2) The tribal council has approved the retailer.

(3) The land on which the sale occurred was designated a reservation or trust land on or before January 1, 1983.

(4) The tobacco products were not delivered by the retailer to the buyer by means of a common carrier, a contract carrier or the U.S. postal service.

(5) The retailer has not sold the tobacco products to another retailer or to a subjobber.

9,2179 Section 2179. 139.805 of the statutes is created to read: