Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2, s. 284h Section 284h. 119.42 (1) of the statutes is amended to read:

AB1-SSA1-SA2,315,19 119.42 (1) In this section, "teacher" has the meaning given under s. 40.02 (55), but excludes the superintendent of schools, deputy superintendent of schools, associate superintendent of schools, executive assistant to the superintendent of schools, assistant to the superintendent of schools, assistant superintendent, division director and department director.".

AB1-SSA1-SA2,315,20 378. Page 163, line 7: after that line insert:

AB1-SSA1-SA2,315,22 " Section 287d. 121.15 (3m) (a) 2. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,316,3 121.15 (3m) (a) 2. "State school aids" means those aids appropriated under s. 20.255 (1) (b) and (2), other than s. 20.255 (2) (fm), (fu), (k), and (m), and under ss. 20.275 (1) (d), 20.255 (4) (es), (et) and (f) and 20.285 (1) (ee), (r) and (rc) and those aids appropriated under s. 20.275 (1) 20.255 (4) (s) that are used to provide grants or educational telecommunications access to school districts under s. 44.73 115.9995.".

AB1-SSA1-SA2,316,4 379. Page 166, line 24: after that line insert:

AB1-SSA1-SA2,316,5 " Section 300m. 134.17 (4) of the statutes is amended to read:

AB1-SSA1-SA2,316,7 134.17 (4) For each recording, the register of deeds shall receive the fee specified for filing recording under s. 59.43 (2) (ag).".

AB1-SSA1-SA2,316,8 380. Page 167, line 16: after that line insert:

AB1-SSA1-SA2,316,9 " Section 303g. 134.74 of the statutes is created to read:

AB1-SSA1-SA2,316,10 134.74 Nondisclosure of information on receipts. (1) In this section:

AB1-SSA1-SA2,316,11 (a) "Credit card" has the meaning given in s. 421.301 (15).

AB1-SSA1-SA2,316,14 (b) "Debit card" means a plastic card or similar device that may be used to purchase goods or services by providing the purchaser with direct access to the purchaser's account at a depository institution.

AB1-SSA1-SA2,316,16 (c) "Depository institution" means a bank, savings bank, savings and loan association, or credit union.

AB1-SSA1-SA2,316,22 (2) Beginning on the first day of the 37th month beginning after the effective date of this subsection .... [revisor inserts date], no person who is in the business of selling goods at retail or selling services and who accepts a credit card or a debit card for the purchase of goods or services may issue a credit card or debit card receipt, for that purchase, on which is printed more than 5 digits of the credit card or debit card number.

AB1-SSA1-SA2,317,3 (3) This section does not apply to any person who issues a credit card or debit card receipt that is handwritten or that is manually prepared by making an imprint of the credit card or debit card.".

AB1-SSA1-SA2,317,4 381. Page 167, line 16: after that line insert:

AB1-SSA1-SA2,317,5 " Section 303b. 134.65 (1) of the statutes is amended to read:

AB1-SSA1-SA2,317,13 134.65 (1) No person, except a person who holds a valid permit under s. 139.345 or 139.795 and whose business premises is not physically located in this state, shall in any manner, or upon any pretense, or by any device, directly or indirectly sell, expose for sale, possess with intent to sell, exchange, barter, dispose of or give away any cigarettes or tobacco products to any person not holding a license as herein provided or a permit under ss. 139.30 to 139.41 or 139.79 without first obtaining a license from the clerk of the city, village or town wherein such privilege is sought to be exercised.

AB1-SSA1-SA2, s. 303c Section 303c. 134.65 (1r) of the statutes is created to read:

AB1-SSA1-SA2,317,16 134.65 (1r) (a) No license under sub. (1) may be issued to any person to whom any of the following applies:

AB1-SSA1-SA2,317,18 1. Subject to ss. 111.321, 111.322, and 111.335, the person has an arrest record or a conviction record.

AB1-SSA1-SA2,317,20 2. Subject to ss. 111.321, 111.322, and 111.335, the person has been convicted of a felony, or as a repeat or habitual offender, unless pardoned.

AB1-SSA1-SA2,317,21 3. The person has not submitted proof as provided under s. 77.61 (11).

AB1-SSA1-SA2,318,3 (b) The requirements under par. (a) apply to all partners of a partnership, all members of limited liability company, all agents of a limited liability company or corporation, and all officers of a corporation. Subject to ss. 111.321, 111.322, and 111.335, if a business entity has been convicted of a crime, the entity may not be issued a license under sub. (1) unless the entity has terminated its relationship with the individuals whose actions directly contributed to the conviction.

AB1-SSA1-SA2, s. 303d Section 303d. 134.65 (2) (a) of the statutes is amended to read:

AB1-SSA1-SA2,318,10 134.65 (2) (a) Except Subject to sub. (1r), and except as provided in par. (b), upon filing of a proper written application a license shall be issued on July 1 of each year or when applied for and continue in force until the following June 30 unless sooner revoked. The city, village or town may charge a fee for the license of not less than $5 nor more than $100 per year which shall be paid to the city, village or town treasurer before the license is issued.

AB1-SSA1-SA2, s. 303e Section 303e. 134.65 (5) of the statutes is amended to read:

AB1-SSA1-SA2,318,23 134.65 (5) Any person violating this section shall be fined not more than $100 $1,000 nor less than $25 $500 for the first offense and shall be fined not more than $200 $5,000 nor less than $25 $1,000 or imprisoned not exceeding 180 days or both for the 2nd or subsequent offense. If upon such 2nd or subsequent violation, the person so violating this section was personally guilty of a failure to exercise due care to prevent violation thereof, the person shall be fined not more than $300 nor less than $25 or imprisoned not exceeding 60 days or both. Conviction on a 2nd or subsequent offense shall immediately terminate the license of the person convicted of being personally guilty of such failure to exercise due care and the person shall not be entitled to another license hereunder for a period of 5 years thereafter, nor shall the person in that period act as the servant or agent of a person licensed hereunder for the performance of the acts authorized by such license.

AB1-SSA1-SA2, s. 303f Section 303f. 134.66 (1) (am) of the statutes is created to read:

AB1-SSA1-SA2,318,25 134.66 (1) (am) "Direct marketer" has the meaning given in s. 139.30 (2n).

AB1-SSA1-SA2, s. 303g Section 303g. 134.66 (2) (a) of the statutes is amended to read:

AB1-SSA1-SA2,319,10 134.66 (2) (a) No retailer, direct marketer, manufacturer, distributor, jobber or subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee 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. 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.

AB1-SSA1-SA2, s. 303h Section 303h. 134.66 (2) (am) of the statutes is amended to read:

AB1-SSA1-SA2,319,19 134.66 (2) (am) No retailer, direct marketer, manufacturer, distributor, jobber, subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may provide for nominal or no consideration cigarettes or tobacco products to any person except in a place where no person younger than 18 years of age is present or permitted to enter unless the person who is younger than 18 years of age is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years.

AB1-SSA1-SA2, s. 303i Section 303i. 134.66 (2) (d) of the statutes is amended to read:

AB1-SSA1-SA2,319,23 134.66 (2) (d) No manufacturer, direct marketer, distributor, jobber, subjobber or retailer, or their employees or agents, may provide cigarettes or tobacco products for nominal or no consideration to any person under the age of 18.

AB1-SSA1-SA2, s. 303j Section 303j. 134.66 (2) (e) of the statutes is amended to read:

AB1-SSA1-SA2,320,2 134.66 (2) (e) No retailer or direct marketer may sell cigarettes in a form other than as a package or container on which a stamp is affixed under s. 139.32 (1).

AB1-SSA1-SA2, s. 303k Section 303k. 134.66 (3m) of the statutes is created to read:

AB1-SSA1-SA2,320,6 134.66 (3m) Defense of direct marketer. Proof of any of the following facts by a direct marketer who sells cigarettes or tobacco products to a person under the age of 18 is a defense to any prosecution for a violation under sub. (2) (a):

AB1-SSA1-SA2,320,8 (a) That the direct marketer used a mechanism, approved by the department of revenue, for verifying the age of the purchaser.

AB1-SSA1-SA2,320,10 (b) That the purchaser falsely represented that he or she had attained the age of 18 and presented a copy or facsimile of a government issued identification.

AB1-SSA1-SA2,320,12 (c) That the name and birthdate of the purchaser, as indicated by the purchaser, matched the name and birthdate on the identification presented under par. (b).

AB1-SSA1-SA2,320,15 (d) That the sale was made in good faith, in reasonable reliance on the mechanism described in par. (a) and the representation and identification under pars. (b) and (c), and in the belief that the purchaser had attained the age of 18.

AB1-SSA1-SA2, s. 315bb Section 315bb. 139.30 (1m) of the statutes is created to read:

AB1-SSA1-SA2,320,19 139.30 (1m) "Consumer" means any individual who receives cigarettes for his or her personal use or consumption or any individual who has title to or possession of cigarettes for any purpose other than for sale or resale.

AB1-SSA1-SA2, s. 315bc Section 315bc. 139.30 (2n) of the statutes is created to read:

AB1-SSA1-SA2,320,22 139.30 (2n) "Direct marketer" means any person who solicits or sells cigarettes to consumers in this state by direct marketing.

AB1-SSA1-SA2, s. 315bd Section 315bd. 139.30 (2p) of the statutes is created to read:

AB1-SSA1-SA2,321,2 139.30 (2p) "Direct marketing" means publishing or making accessible an offer for the sale of cigarettes to consumers in this state, or selling cigarettes to consumers in this state, using any means by which the consumer is not physically present at the time of sale on a premise that sells cigarettes.

AB1-SSA1-SA2, s. 315be Section 315be. 139.30 (3) of the statutes is amended to read:

AB1-SSA1-SA2,321,8 139.30 (3) "Distributor" means any person who acquires unstamped cigarettes from the manufacturer thereof or from the first importer of record thereof, affixes stamps to the packages or other containers, stores them and sells them to other permittees or to retailers for resale or and who acquires may acquire stamped cigarettes from another permittee distributor for such sales.

AB1-SSA1-SA2, s. 315bf Section 315bf. 139.30 (8s) of the statutes is created to read:

AB1-SSA1-SA2,321,12 139.30 (8s) "Person" means any individual, sole proprietorship, partnership, limited liability company, corporation, or association, or any owner of a single-owner entity that is disregarded as a separate entity under ch. 71.

AB1-SSA1-SA2, s. 315bg Section 315bg. 139.30 (10) of the statutes is amended to read:

AB1-SSA1-SA2,321,16 139.30 (10) "Retailer" means any person who sells, exposes for sale or possesses with intent to sell to consumers any cigarettes by any means in which the consumer is physically present at the time of sale on a premises that sells cigarettes.

AB1-SSA1-SA2, s. 315bh Section 315bh. 139.32 (1) of the statutes is amended to read:

AB1-SSA1-SA2,321,24 139.32 (1) The tax imposed by s. 139.31 (1) shall be paid. To evidence the payment, the department shall provide stamps. A person who has paid the tax shall affix stamps of the proper denomination to each package in which cigarettes are packed, prior to the first sale within this state. First sale does not include a sale by a manufacturer to a distributor or to a direct marketer or by a distributor to a permittee who has obtained department approval as provided for in s. 139.321 (1) (a) 2. The tax shall be paid only once on each package or container.

AB1-SSA1-SA2, s. 315bi Section 315bi. 139.32 (4) of the statutes is repealed.

AB1-SSA1-SA2, s. 315bj Section 315bj. 139.32 (5) of the statutes is amended to read:

AB1-SSA1-SA2,322,4 139.32 (5) Manufacturers, direct marketers, and distributors having a permit from the secretary shall receive a discount of 1.6% of the tax paid on stamp purchases.

AB1-SSA1-SA2, s. 315bk Section 315bk. 139.32 (5m) of the statutes is amended to read:

AB1-SSA1-SA2,322,7 139.32 (5m) Distributors, direct marketers, and manufacturers shall pay to the department the cost of printing and shipping those stamps.

AB1-SSA1-SA2, s. 315bL Section 315bL. 139.32 (6) of the statutes is amended to read:

AB1-SSA1-SA2,322,12 139.32 (6) Manufacturers, direct marketers, and distributors having a permit from the secretary may purchase stamps on credit. The secretary may require manufacturers, direct marketers, and distributors who purchase stamps on credit to file under the conditions prescribed by the secretary by rule.

AB1-SSA1-SA2, s. 315bm Section 315bm. 139.321 (1) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,322,16 139.321 (1) (intro.) It is unlawful for any person to possess in excess of 400 cigarettes unless the required stamps are properly affixed as provided in ss. 139.32 (1) and 139.33 (4).

AB1-SSA1-SA2, s. 315bn Section 315bn. 139.321 (1) (a) 1. of the statutes is amended to read:

AB1-SSA1-SA2,322,19 139.321 (1) (a) 1. Manufacturers, direct marketers, distributors or warehouse operators possessing valid permits issued by the secretary.

AB1-SSA1-SA2, s. 315bp Section 315bp. 139.33 (3) of the statutes is amended to read:

AB1-SSA1-SA2,323,9 139.33 (3) No person other than a member of the armed forces, as specified in this subsection, a licensed distributor, or a licensed direct marketer may import into this state more than 400 cigarettes on which the excise tax imposed by s. 139.31 has not been paid and the container of which does not bear proper stamps. Within 15 days, any such person importing cigarettes shall file a declaration of such cigarettes imported and shall remit therewith the tax on such cigarettes imposed by this section. Members of the armed forces shall not be required to report or pay the tax on cigarettes in their possession if such cigarettes are issued to them by the U.S. government or any of its subdivisions or were purchased in any armed forces post exchange or service store. If the use tax imposed by this section is not paid when due, it shall become delinquent and the person liable for it shall pay, in addition, a penalty of $25 for each 200 cigarettes. Interest on the delinquent tax and penalty shall accrue at the rate of 1.5% per month or each fraction of a month from the date the tax became due until paid.

AB1-SSA1-SA2, s. 315bq Section 315bq. 139.34 (1) (a) of the statutes is amended to read:

AB1-SSA1-SA2,323,15 139.34 (1) (a) No person may manufacture cigarettes in this state or sell cigarettes in this state as a distributor, jobber, vending machine operator, direct marketer, or multiple retailer and no person may operate a warehouse in this state for the storage of cigarettes for another person without first filing an application for and obtaining the proper permit to perform such operations from the department.

AB1-SSA1-SA2, s. 315br Section 315br. 139.34 (1) (b) of the statutes is repealed.

AB1-SSA1-SA2, s. 315bs Section 315bs. 139.34 (1) (c) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,323,19 139.34 (1) (c) (intro.) Subject to ss. 111.321, 111.322 and 111.335, no No permit under this section may be granted to any person to whom any of the following applies:

AB1-SSA1-SA2, s. 315bt Section 315bt. 139.34 (1) (c) 1. to 6. of the statutes are repealed.

AB1-SSA1-SA2, s. 315bu Section 315bu. 139.34 (1) (c) 1m. of the statutes is created to read:

AB1-SSA1-SA2,323,23 139.34 (1) (c) 1m. Subject to ss. 111.321, 111.322, and 111.335, the person has an arrest record or a conviction record.

AB1-SSA1-SA2, s. 315bv Section 315bv. 139.34 (1) (c) 2m. of the statutes is created to read:

AB1-SSA1-SA2,324,2 139.34 (1) (c) 2m. Subject to ss. 111.321, 111.322, and 111.335, the person has been convicted of a felony, or as a repeat or habitual offender, unless pardoned.

AB1-SSA1-SA2, s. 315bw Section 315bw. 139.34 (1) (c) 3m. of the statutes is created to read:

AB1-SSA1-SA2,324,5 139.34 (1) (c) 3m. The person has not submitted proof as provided under s. 77.61 (11).

AB1-SSA1-SA2, s. 315bx Section 315bx. 139.34 (1) (cm) of the statutes is created to read:

AB1-SSA1-SA2,324,13 139.34 (1) (cm) The requirements under par. (c) apply to all partners of a partnership, all members of limited liability company, all agents of a limited liability company or corporation, and all officers of a corporation. Subject to ss. 111.321, 111.322, and 111.335, if a business entity has been convicted of a crime, the entity may not be issued a permit under this subsection unless the entity has terminated its relationship with the individuals whose actions directly contributed to the conviction.

AB1-SSA1-SA2, s. 315by Section 315by. 139.34 (4) of the statutes is amended to read:

AB1-SSA1-SA2,324,20 139.34 (4) A separate permit shall be required of and issued to each class of permittee and the holder of any permit shall perform only the operations thereby authorized. Such permit shall not be transferable from one person to another or from one premises to another. A separate permit shall be required for each place where cigarettes are stamped or where cigarettes are stored for sale at wholesale or, through vending machines or multiple retail outlets, or by direct marketing.

AB1-SSA1-SA2, s. 315bz Section 315bz. 139.34 (6) of the statutes is amended to read: