1999 Wisconsin Act 9

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:

139.805 Agreements with Indian tribes. The department may enter into agreements with Indian tribes to provide for the refunding of the tobacco products tax imposed under s. 139.76 (1). If the department enters into an agreement with an Indian tribe, the agreement may provide for refunding 100% of that tax on tobacco products sold on the tribal reservation to enrolled members of the tribe residing on the tribal reservation and may provide for refunding not more than 50% of that tax on tobacco products sold on the tribal reservation to persons who are not enrolled members of the tribe residing on the tribal reservation.

9,2180 Section 2180. 139.82 (7) of the statutes is created to read:

139.82 (7) The department may inspect the business records of any retailer doing business on a reservation or on an Indian tribe's trust land.

9,2181 Section 2181. 139.82 (8) of the statutes is created to read:

139.82 (8) Each distributor shall collect and remit the excise tax imposed by s. 139.76 (1) on tobacco products not exempt from the tobacco products tax under s. 139.76 (2), with the reports required to be filed under this section.

9,2182 Section 2182. 139.85 (1) of the statutes is amended to read:

139.85 (1) The interest and penalties under s. 139.44 (2) to (7) and (9) to (12) apply to this subchapter. In addition, a person who violates s. 139.82 (8) shall be fined not less than $1,000 nor more than $5,000 or imprisoned for not less than 90 days nor more than one year or both.

9,2216m Section 2216m. 145.245 (4) (a) of the statutes is amended to read:

145.245 (4) (a) The discharge of sewage into a surface water determined to be outstanding resource water by the department of natural resources by rule or into groundwater.

9,2217m Section 2217m. 145.245 (4) (c) of the statutes is amended to read:

145.245 (4) (c) The discharge of sewage to a drain tile or into zones of bedrock or a surface water other than a surface water described in par. (a).

9,2219m Section 2219m. 145.245 (4m) (a) to (c) of the statutes are amended to read:

145.245 (4m) (a) Category 1: failing private sewage systems described in sub. (4) (a) to (c).

(b) Category 2: failing private sewage systems described in sub. (4) (d) (b) and (c).

(c) Category 3: failing private sewage systems described in sub. (4) (e) (d).

9,2219p Section 2219p. 145.245 (4m) (d) of the statutes is created to read:

145.245 (4m) (d) Category 4: failing private sewage systems described in sub. (4) (e).

9,2220 Section 2220. 145.245 (5) (a) 1. of the statutes is amended to read:

145.245 (5) (a) 1. A person is eligible for grant funds under this section if he or she owns a principal residence which is served by a category 1 or 2 failing private sewage system, if the residence was constructed prior to and inhabited on private sewage system was installed before July 1, 1978, if the family income of the person does not exceed the income limitations under par. (c), if the amount of the grant determined under sub. (7) is at least $100, if the residence is not located in an area served by a sewer and if determination of failure is made prior to the rehabilitation or replacement of the failing private sewage system.

9,2221m Section 2221m. 145.245 (5) (a) 1. of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

145.245 (5) (a) 1. A person is eligible for grant funds under this section if he or she owns a principal residence which is served by a category 1 or, 2 or 3 failing private sewage system, if the sewage system was installed before July 1, 1978, if the family income of the person does not exceed the income limitations under par. (c), if the amount of the grant determined under sub. (7) is at least $100, if the residence is not located in an area served by a sewer and if determination of failure is made prior to the rehabilitation or replacement of the failing private sewage system.

9,2222 Section 2222. 145.245 (5) (a) 2. of the statutes is amended to read:

145.245 (5) (a) 2. A business is eligible for grant funds under this section if it owns a small commercial establishment which is served by a category 1 or 2 failing private sewage system, if the small commercial establishment was constructed prior to private sewage system was installed before July 1, 1978, if the gross revenue of the business does not exceed the limitation under par. (d), if the small commercial establishment is not located in an area served by a sewer and if a determination of failure is made prior to the rehabilitation or replacement of the private sewage system.

9,2223m Section 2223m. 145.245 (5) (a) 2. of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

145.245 (5) (a) 2. A business is eligible for grant funds under this section if it owns a small commercial establishment which is served by a category 1 or, 2 or 3 failing private sewage system, if the private sewage system was installed before July 1, 1978, if the gross revenue of the business does not exceed the limitation under par. (d), if the small commercial establishment is not located in an area served by a sewer and if a determination of failure is made prior to the rehabilitation or replacement of the private sewage system.

9,2224m Section 2224m. 145.245 (5) (a) 3. of the statutes is amended to read: