Amendment CA1-ASA1-AB133

AB133-ASA1-CA1, s. 2166s Section 2166s. 135.066 of the statutes is created to read:

AB133-ASA1-CA1,456,20 135.066 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.

AB133-ASA1-CA1,456,21 (2) Definitions. In this section:

AB133-ASA1-CA1,456,22 (a) "Intoxicating liquor" has the meaning given in s. 125.02 (8).

AB133-ASA1-CA1,456,24 (b) "Net revenues" means the gross dollar amount received from the sale of intoxicating liquor minus adjustments for returns, discounts and allowances.

AB133-ASA1-CA1,456,25 (c) "Wholesaler" has the meaning given in s. 125.02 (21).

AB133-ASA1-CA1,457,1 (d) "Wine" has the meaning given in 125.02 (22).

AB133-ASA1-CA1,457,3 (3) Liability of transferee of intoxicating liquor grantor. (a) In this subsection:

AB133-ASA1-CA1,457,6 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.

AB133-ASA1-CA1,457,9 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.

AB133-ASA1-CA1,457,12 (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.

AB133-ASA1-CA1,457,17 (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.

AB133-ASA1-CA1,458,2 (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.

AB133-ASA1-CA1,458,4 (5) Nonapplicability. This section does not apply to any of the following dealerships:

AB133-ASA1-CA1,458,7 (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.

AB133-ASA1-CA1,458,15 (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.

AB133-ASA1-CA1,458,17 (6) Severability. The provisions of this section are severable as provided in s. 990.001 (11).".

AB133-ASA1-CA1,458,18 1271. Page 1139, line 11: after that line insert:

AB133-ASA1-CA1,458,19 " Section 2165m. 134.66 (2) (a) of the statutes is amended to read:

AB133-ASA1-CA1,459,3 134.66 (2) (a) No retailer, manufacturer, distributor, jobber or subjobber, no agent, employe or independent contractor of a retailer, manufacturer, distributor, jobber or subjobber and no agent or employe of an independent contractor may sell or provide for nominal or no consideration cigarettes or tobacco products to any person under the age of 18, except as provided in s. 938.983 (3) 254.92 (2) (a). A vending machine operator is not liable under this paragraph for the purchase of cigarettes or tobacco products from his or her vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase.

AB133-ASA1-CA1, s. 2165n Section 2165n. 134.66 (2) (b) 1. of the statutes is amended to read:

AB133-ASA1-CA1,459,8 134.66 (2) (b) 1. A retailer shall post a sign in areas within his or her premises where cigarettes or tobacco products are sold to consumers stating that the sale of any cigarette or tobacco product to a person under the age of 18 is unlawful under this section and s. 938.983 254.92.

AB133-ASA1-CA1, s. 2165p Section 2165p. 134.66 (2) (b) 2. of the statutes is amended to read:

AB133-ASA1-CA1,459,14 134.66 (2) (b) 2. A vending machine operator shall attach a notice in a conspicuous place on the front of his or her vending machines stating that the purchase of any cigarette or tobacco product by a person under the age of 18 is unlawful under s. 938.983 254.92 and that the purchaser is subject to a forfeiture of not to exceed $25.".

AB133-ASA1-CA1,459,15 1272. Page 1139, line 19: after that line insert:

AB133-ASA1-CA1,459,16 " Section 2169pc. 138.09 (1m) (b) 1. (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,459,18 138.09 (1m) (b) 1. (intro.) An Except as provided in par. (c), an application under par. (a) for a license shall contain the following:

AB133-ASA1-CA1, s. 2169pf Section 2169pf. 138.09 (1m) (c) of the statutes is created to read:

AB133-ASA1-CA1,459,24 138.09 (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.

AB133-ASA1-CA1,460,2 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.

AB133-ASA1-CA1, s. 2169pm Section 2169pm. 138.09 (3) (am) 1. of the statutes is amended to read:

AB133-ASA1-CA1,460,5 138.09 (3) (am) 1. The applicant fails to provide the any information required under sub. (1m) (b).".

AB133-ASA1-CA1,460,6 1273. Page 1139, line 23: after that line insert:

AB133-ASA1-CA1,460,8 " Section 2169s. 139.03 (5) (b) of the statutes is renumbered 139.03 (5) (b) 1. and amended to read:

AB133-ASA1-CA1,460,17 139.03 (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.

AB133-ASA1-CA1, s. 2169t Section 2169t. 139.03 (5) (b) 2. of the statutes is created to read:

AB133-ASA1-CA1,461,2 139.03 (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.".

AB133-ASA1-CA1,461,3 1274. Page 1139, line 23: after that line insert:

AB133-ASA1-CA1,461,4 " Section 2170a. 138.12 (5) (a) of the statutes is amended to read:

AB133-ASA1-CA1,461,7 138.12 (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:

AB133-ASA1-CA1,461,8 1. Any license issued to such company was obtained by fraud,.

AB133-ASA1-CA1,461,9 2. There was any misrepresentation in the application for the license ,.

AB133-ASA1-CA1,461,11 3. The holder of such license has otherwise shown himself or herself untrustworthy or incompetent to act as a premium finance company,.

AB133-ASA1-CA1,461,12 4. Such The company has violated any provision of this section, or.

AB133-ASA1-CA1,461,16 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.".

AB133-ASA1-CA1,461,17 1275. Page 1139, line 23: after that line insert:

AB133-ASA1-CA1,461,18 " Section 2170d. 138.12 (3) (d) 1. (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,461,20 138.12 (3) (d) 1. (intro.) An Except as provided in par. (e), an application for a license under this section shall contain the following:

AB133-ASA1-CA1, s. 2170g Section 2170g. 138.12 (3) (e) of the statutes is created to read:

AB133-ASA1-CA1,462,3 138.12 (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.

AB133-ASA1-CA1,462,5 2. Any license issued or renewed in reliance upon a false statement submitted by an applicant under subd. 1. is invalid.

AB133-ASA1-CA1, s. 2170n Section 2170n. 138.12 (5) (am) 1. c. of the statutes is amended to read:

AB133-ASA1-CA1,462,16 138.12 (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).".

AB133-ASA1-CA1,462,17 1276. Page 1140, line 3: delete that line.

AB133-ASA1-CA1,462,18 1277. Page 1140, line 6: after that line insert:

AB133-ASA1-CA1,462,19 " Section 2171p. 139.32 (5) of the statutes is amended to read:

AB133-ASA1-CA1,462,21 139.32 (5) Manufacturers and distributors having a permit from the secretary shall receive a discount of 1.6% 2% of the tax.".

AB133-ASA1-CA1,462,22 1278. Page 1140, line 7: delete lines 7 to 24.

AB133-ASA1-CA1,462,24 1279. Page 1140, line 25: delete the material beginning with that line and ending with page 1142, line 6.

AB133-ASA1-CA1,463,1 1280. Page 1143, line 13: delete "a portion" and substitute "70%".

AB133-ASA1-CA1,463,2 1281. Page 1144, line 1: delete lines 1 and 2.

AB133-ASA1-CA1,463,3 1282. Page 1144, line 9: delete "70%" and substitute "50%".

AB133-ASA1-CA1,463,4 1283. Page 1155, line 13: after that line insert:

AB133-ASA1-CA1,463,5 " Section 2249m. 146.40 (4d) (a) of the statutes is amended to read:

AB133-ASA1-CA1,463,10 146.40 (4d) (a) The Except as provided in par. (am), the department shall require each applicant to provide the department with his or her social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing a certification under sub. (3) or an approval under sub. (3m).

AB133-ASA1-CA1, s. 2249mi Section 2249mi. 146.40 (4d) (am) of the statutes is created to read:

AB133-ASA1-CA1,463,18 146.40 (4d) (am) If an individual who applies for a certification or approval under par. (a) does not have a social security number, the individual, as a condition of obtaining certification or approval, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A certification or approval issued in reliance upon a false statement submitted under this paragraph is invalid.

AB133-ASA1-CA1, s. 2249n Section 2249n. 146.40 (4d) (c) of the statutes is amended to read:

AB133-ASA1-CA1,463,22 146.40 (4d) (c) The Except as provided in par. (am), the department shall deny an application for the issuance of a certification or approval specified in par. (a) if the applicant does not provide the information specified in par. (a).

AB133-ASA1-CA1, s. 2249p Section 2249p. 146.51 (1) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,464,4 146.51 (1) (intro.) The Except as provided in sub. (1m), the department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, as a condition of issuing or renewing any of the following:

AB133-ASA1-CA1, s. 2249q Section 2249q. 146.51 (1m) of the statutes is created to read:

AB133-ASA1-CA1,464,13 146.51 (1m) If an individual who applies for or to renew a license, training permit or certification under sub. (1) does not have a social security number, the individual, as a condition of obtaining the license, training permit or certification, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A license, training permit or certification issued or renewed in reliance upon a false statement submitted under this subsection is invalid.

AB133-ASA1-CA1, s. 2249r Section 2249r. 146.52 (1) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,464,19 146.52 (1) (intro.) The Except as provided in sub. (1m), the department shall require each applicant to provide the department with his or her social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing or renewing any of the following:

AB133-ASA1-CA1, s. 2249s Section 2249s. 146.52 (1m) of the statutes is created to read:

AB133-ASA1-CA1,465,3 146.52 (1m) If an individual who applies for or to renew a license, training permit or certificate under sub. (1) does not have a social security number, the individual, as a condition of obtaining the license, training permit or certificate, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A license, training permit or certificate issued or renewed in reliance upon a false statement submitted under this subsection is invalid.

AB133-ASA1-CA1, s. 2249t Section 2249t. 146.52 (3) of the statutes is amended to read:

AB133-ASA1-CA1,465,7 146.52 (3) The Except as provided in sub. (1m), the department shall deny an application for the issuance or renewal of a license, certificate or permit specified in sub. (1) if the applicant does not provide the information specified in sub. (1).".

AB133-ASA1-CA1,465,8 1284. Page 1156, line 10: after "(b)" insert "1. to 7.".

AB133-ASA1-CA1,465,9 1285. Page 1156, line 21: delete lines 21 and 22.

AB133-ASA1-CA1,465,10 1286. Page 1158, line 3: after that line insert:

AB133-ASA1-CA1,465,13 "8. A person who is designated as a poison information provider, annually receives at least 16 documented hours of job-relevant continuing education and has an appropriate health-oriented background.".

AB133-ASA1-CA1,465,14 1287. Page 1158, line 4: delete lines 4 to 11.

AB133-ASA1-CA1,465,15 1288. Page 1158, line 11: after that line insert:

AB133-ASA1-CA1,465,16 " Section 2252gm. 146.819 (4) (e) of the statutes is repealed.".

AB133-ASA1-CA1,465,17 1289. Page 1158, line 11: after that line insert:

AB133-ASA1-CA1,465,18 " Section 2251r. 146.84 (3) of the statutes is amended to read:

AB133-ASA1-CA1,465,22 146.84 (3) Discipline of employes. Any person employed by the state, or any political subdivision of the state who violates s. 146.82 or 146.83 , except a health care provider that negligently violates s. 153.50 (6) (c), may be discharged or suspended without pay.".