AB133-ASA1-AA2,343,614
121.91
(3) (a) If a school board wishes to exceed the limit under sub. (2m)
15otherwise applicable to the school district in any school year, it shall promptly adopt
16a resolution supporting inclusion in the final school district budget of an amount
17equal to the proposed excess revenue. The resolution shall specify whether the
18proposed excess revenue is for a recurring or nonrecurring purpose, or, if the
19proposed excess revenue is for both recurring and nonrecurring purposes, the
20amount of the proposed excess revenue for each purpose. Within 10 days after
21adopting the resolution, the school board shall notify the department of the
22scheduled date of the referendum and submit a copy of the resolution to the
23department. The school board shall call a
special referendum
in accordance with s.
248.065 for the purpose of submitting the resolution to the electors of the school district
1for approval or rejection
. In lieu of a special referendum, the school board may
2specify that the referendum be held at the next succeeding spring primary or election
3or September primary or general election, if such election is, to be held not
earlier 4sooner than 35 days after the adoption of the resolution of the school board. The
5school district clerk shall certify the results of the referendum to the department
6within 10 days after the referendum is held.".
AB133-ASA1-AA2,343,1210
125.12
(1) (a) Except as provided in
par. (b) this subsection, any municipality
11or the department may revoke, suspend or refuse to renew any license or permit
12under this chapter, as provided in this section.
AB133-ASA1-AA2,343,1714
125.12
(1) (c) Neither a municipality nor the department may consider an
15arrest or conviction for a violation punishable under s. 945.03 (2m), 945.04 (2m) or
16945.05 (1m) in any action to revoke, suspend or refuse to renew a Class "B" or "Class
17B" license or permit.".
AB133-ASA1-AA2,344,220
125.51
(3) (am) A "Class B" license issued to a winery authorizes the sale of
21wine to be consumed by the glass or in opened containers only on the premises where
22sold and also authorizes the sale of wine in the original package or container to be
23consumed off the premises where sold, but does not authorize the sale of fermented
24malt beverages or any intoxicating liquor other than wine.
A restaurant for which
1a permit is issued under s. 125.535 shall not be considered a winery under this
2paragraph.".
AB133-ASA1-AA2,344,125
134.66
(2) (a) No retailer, manufacturer, distributor, jobber or subjobber, no
6agent, employe or independent contractor of a retailer, manufacturer, distributor,
7jobber or subjobber and no agent or employe of an independent contractor may sell
8or provide for nominal or no consideration cigarettes or tobacco products to any
9person under the age of 18, except as provided in s.
938.983 (3) 254.92 (2) (a). A
10vending machine operator is not liable under this paragraph for the purchase of
11cigarettes or tobacco products from his or her vending machine by a person under the
12age of 18 if the vending machine operator was unaware of the purchase.
AB133-ASA1-AA2,344,1714
134.66
(2) (b) 1. A retailer shall post a sign in areas within his or her premises
15where cigarettes or tobacco products are sold to consumers stating that the sale of
16any cigarette or tobacco product to a person under the age of 18 is unlawful under
17this section and s.
938.983 254.92.
AB133-ASA1-AA2,344,2319
134.66
(2) (b) 2. A vending machine operator shall attach a notice in a
20conspicuous place on the front of his or her vending machines stating that the
21purchase of any cigarette or tobacco product by a person under the age of 18 is
22unlawful under s.
938.983 254.92 and that the purchaser is subject to a forfeiture of
23not to exceed $25.".
AB133-ASA1-AA2,345,92
138.052
(5) (am) 2. a. On January 1, 1994, and annually thereafter, the division
3of banking for banks, the division of savings
and loan
institutions for savings and
4loan associations and savings banks and the office of credit unions for credit unions
5shall determine the interest rate that is the average of the interest rates paid,
6rounded to the nearest one-hundredth of a percent, on regular passbook deposit
7accounts by institutions under the division's or office's jurisdiction at the close of the
8last quarterly reporting period that ended at least 30 days before the determination
9is made.
AB133-ASA1-AA2,345,1611
138.052
(5) (am) 2. b. The office of credit unions
and the division of banking 12shall report the rate calculated to the division of savings
and loan institutions within
135 days after the date on which the determination is made. The division of savings
14and loan institutions shall calculate the average, rounded to the nearest
15one-hundredth of a percent, of the 3 rates and report that interest rate to the revisor
16of statutes within 5 days after the date on which the determination is made.
AB133-ASA1-AA2,345,1918
138.055
(4) (a) The division of savings
and loan institutions, if the lender is a
19savings and loan association or savings bank;
AB133-ASA1-AA2,345,2221
138.056
(1) (a) 4. a. The division of savings
and loan institutions, if the lender
22is a savings and loan association or savings bank;".
AB133-ASA1-AA2,346,4
1125.51
(4) (v) 2. A hotel that has
100 50 or more rooms of sleeping
2accommodations and that has either an attached restaurant with a seating capacity
3of 150 or more persons or a banquet room in which banquets attended by 400 or more
4persons may be held.".
AB133-ASA1-AA2,346,16
7125.535 Restaurant-winery permit. The department shall issue a
8restaurant-winery permit authorizing the retail sale of wine manufactured on the
9premises for consumption on the premises where sold or in an original unopened
10package or container for consumption off the premises where sold. The department
11may issue a restaurant-winery permit to any person who is qualified under s. 125.04
12(5) and who holds a valid certificate under s. 73.03 (50). A restaurant-winery permit
13may be issued only for a restaurant in which the sale of alcohol beverages accounts
14for less than 50% of gross receipts and that manufactures less than 2,500 gallons of
15wine per year. A restaurant issued a permit under this section shall not be
16considered a winery for purposes of s. 125.51 (3) (am).
AB133-ASA1-AA2, s. 2165p
17Section 2165p. 125.69 (1) (a) of the statutes is renumbered 125.69 (1) (a) 1.
18and amended to read:
AB133-ASA1-AA2,346,2219
125.69
(1) (a) 1.
No Except as provided in subds. 2. and 3., no intoxicating liquor
20manufacturer, rectifier or wholesaler may hold any direct or indirect interest in any
21"Class A" license or establishment and no "Class A" licensee may hold any direct or
22indirect interest in a wholesale permit or establishment
, except that a.
AB133-ASA1-AA2,346,24
232. A winery that
has holds a permit under s. 125.53 may have an ownership
24interest in a "Class A" license.
AB133-ASA1-AA2,347,32
125.69
(1) (a) 3. A restaurant that holds a permit under s. 125.535 may hold
3a "Class A" license.
AB133-ASA1-AA2,347,95
125.69
(1) (b) 1. Except as provided under subds. 2. to
4. 5., no intoxicating
6liquor manufacturer, rectifier or wholesaler may hold any direct or indirect interest
7in any "Class B" license or permit or establishment or "Class C" license or
8establishment and no "Class B" licensee or permittee or "Class C" licensee may hold
9any direct or indirect interest in a wholesale permit or establishment.
AB133-ASA1-AA2,347,1211
125.69
(1) (b) 5. A restaurant that holds a permit under s. 125.535 may hold
12a "Class B" license or permit or a "Class C" license.".
AB133-ASA1-AA2,347,2315
125.51
(3m) (c) A "Class C" license may be issued to a person qualified under
16s. 125.04 (5) for a restaurant in which the sale of alcohol beverages accounts for less
17than 50% of gross receipts and which does not have a barroom
if the municipality's
18quota under sub. (4) prohibits the municipality from issuing a "Class B" license to
19that person or for a restaurant in which the sale of alcohol beverages accounts for less
20than 50% of gross receipts and which has a barroom in which wine is the only
21intoxicating liquor sold. A "Class C" license may not be issued to a foreign
22corporation, a foreign limited liability company or a person acting as agent for or in
23the employ of another.".
AB133-ASA1-AA2,348,42
138.12
(5) (a) The
commissioner division may revoke or suspend the license of
3any insurance premium finance company if the
commissioner division finds
that any
4of the following:
AB133-ASA1-AA2,348,55
1. Any license issued to such company was obtained by fraud
,.
AB133-ASA1-AA2,348,66
2. There was any misrepresentation in the application for the license
,.
AB133-ASA1-AA2,348,87
3. The holder of such license has otherwise shown himself or herself
8untrustworthy or incompetent to act as a premium finance company
,.
AB133-ASA1-AA2,348,99
4.
Such The company has violated any provision of this section
, or.
AB133-ASA1-AA2,348,1310
5.
Such The company has been rebating part of the service charge as allowed
11and permitted herein to any insurance agent or insurance broker or any employe of
12an insurance agent or insurance broker or to any other person as an inducement to
13the financing of any insurance policy with the premium finance company.".
AB133-ASA1-AA2,348,1916
Chapter 139
17
Beverage, controlled substances
and,18
tobacco
and
19
attorney fees taxes
".
AB133-ASA1-AA2,348,22
21"
Section 2169s. 139.03 (5) (b) of the statutes is renumbered 139.03 (5) (b) 1.
22and amended to read:
AB133-ASA1-AA2,349,723
139.03
(5) (b) 1.
Any Except as provided in subd. 2., any person, except an
24underage person as defined under s. 125.02 (20m), who leaves a foreign country, after
1spending at least 48 hours in that foreign country, with the purpose of entering this
2state may have in that person's possession and bring into the state intoxicating
3liquor or wine in sealed original containers in amounts not to exceed, in the
4aggregate, 4 liters without payment of the tax imposed under this subchapter. The
54 liters of tax-free intoxicating liquor and wines may not be sent, shipped or carried
6into the state other than in the immediate possession of the person as qualified by
7this subsection.
AB133-ASA1-AA2,349,159
139.03
(5) (b) 2. A person who is a member of the national guard, the U. S.
10armed forces or a reserve component of the U. S. armed forces; who is a state resident;
11and who leaves a foreign country, after spending at least 48 hours in that foreign
12country on duty or for training, with the purpose of entering into this state may bring
13into the state, in sealed original containers and in the person's immediate possession,
14intoxicating liquor and wine in an aggregate amount not exceeding 16 liters without
15paying the tax imposed under this subchapter on that amount.".
AB133-ASA1-AA2,349,23
22"
Section 2182j. Subchapter V of chapter 139 [precedes 139.97] of the statutes
23is created to read:
AB133-ASA1-AA2,350,3
1chapter 139
2
subchapter V
3
attorney fees tax
AB133-ASA1-AA2,350,9
4139.97 Imposition. (1) (a) In this subsection "attorney fees" means fees for
5legal services, not including the reimbursement of out-of-pocket expenses, paid to
6a private attorney or a law firm under a contract with the state to provide legal
7services for the state and awarded to a private attorney or a law firm by a court order,
8settlement agreement, contingency fee arrangement, arbitration procedure or
9alternative dispute resolution procedure.
AB133-ASA1-AA2,350,1210
(b) An occupational tax is imposed on attorney fees at the rate of 80% of the
11amount of attorney fees that exceeds the rate of $500 an hour for legal services
12provided to the state, regardless of the basis on which the attorney fees are paid.
AB133-ASA1-AA2,350,15
13139.98 Administration. (1) The department of revenue shall administer the
14tax under this subchapter and may take any action, conduct any proceeding and
15impose interest and penalties related to the tax under this subchapter.
AB133-ASA1-AA2,350,19
16(2) Sections 77.51 (4) (a), (b) 1., 2. and 4., (c) 1. to 3., (d) and (17), 77.52 (3), (6),
17(13), (14), (18) and (19), 77.58 (1) to (5) and (7), 77.59, 77.60, 77.61 (2), (5), (8), (9) and
18(12) to (14) and 77.62, as they apply to the taxes under subch. III of ch. 77, apply to
19the tax under this subchapter.
AB133-ASA1-AA2,350,24
20(3) A person who is subject to the tax under this subchapter shall provide the
21department of revenue with documentation of the actual hours worked by the person
22or the person's employes that are related to the attorney fees on which the tax under
23this subchapter is imposed. A person who is subject to the tax under this subchapter
24and who fails to provide such documentation is guilty of a misdemeanor.
AB133-ASA1-AA2,351,2
1(4) The department of revenue shall deposit the taxes collected under this
2subchapter in the fund under s. 25.62.".
AB133-ASA1-AA2,351,85
145.02
(5) Notwithstanding subs. (2) and (3), the department may not
6promulgate or enforce a rule that requires the owner of a private sewage system to
7discontinue use of the private sewage system and connect to a public sewer because
8a public sewer becomes available.".
AB133-ASA1-AA2,351,14
12"8. A person who is designated as a poison information provider, annually
13receives at least 16 documented hours of job-relevant continuing education and has
14an appropriate health-oriented background.".
AB133-ASA1-AA2,351,1818
146.81
(1) (eq) An athletic trainer licensed under subch. VI of ch. 448.".
AB133-ASA1-AA2,352,4
1146.84
(3) Discipline of employes. Any person employed by the state
, or any
2political subdivision of the state who violates s. 146.82 or 146.83
, except a health care
3provider that negligently violates s. 153.50 (6) (c), may be discharged or suspended
4without pay.".
