For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 830, line 4: delete lines 4 to 13.
2.
Page 874, line 17: after that line insert:
"SECTION 1779t. 100.20 (1n) of the statutes is created to read:
100.20 (1n) It is an unfair method of competition or an unfair trade practice for any person to sell cigarettes to consumers in this state in violation of s. 139.345.".
3.
Page 922, line 5: delete the material beginning with that line and ending with page 925, line 2.
4.
Page 926, line 1: delete lines 1 to 4.
5.
Page 926, line 8: delete lines 8 to 20.
6.
Page 930, line 3: delete lines 3 to 14 and substitute:
"SECTION 1954b. 139.30 (4n) of the statutes is created to read:
139.30 (4n) "Government issued identification" includes a valid driver's license, state identification card, passport, or military identification.".
7.
Page 930, line 19: delete lines 19 to 22.
8.
Page 931, line 12: delete lines 12 to 15.
9.
Page 932, line 8: delete lines 8 to 10.
10.
Page 933, line 3: delete the material beginning with that line and ending with page 934, line 7.
11.
Page 934, line 14: delete the material beginning with that line and ending on page 938, line 13, and substitute:
"SECTION 1979b. 139.345 of the statutes is created to read:
139.345 Direct marketing. (1) (a) (intro.) No person may sell cigarettes to consumers in this state as a direct marketer unless the person submits to the department the person's name, trade name, address of the person's principal place of business, phone number, e-mail address, and Web site address.
(b) No person may sell cigarettes as described under this section unless the person certifies to the department, in the manner prescribed by the department, that the person shall acquire stamped cigarettes from a licensed distributor or unstamped cigarettes from the manufacturer thereof, pay the tax imposed under this subchapter on all unstamped cigarettes and affix stamps to the cigarette packages or containers as provided under s. 139.32 (1), store such packages or containers, and sell only such packages or containers to consumers in this state by direct marketing; or acquire cigarettes from a distributor, to the packages or containers of which stamps have been affixed as provided under s. 139.32 (1), and sell only such packages or containers to consumers in this state by direct marketing.
(d) No person may sell cigarettes as described in this section unless the person certifies to the department, in the manner prescribed by the department, that the person shall register with credit card and debit card companies; that the invoices and all means of solicitation for all shipments of cigarette sales from the person shall bear the person's name and address; and that the person shall provide the department any information the department considers necessary to administer this section.
(2) No person may sell cigarettes to consumers in this state by direct marketing unless the tax imposed under s. 77.52 or 77.53 is paid on the sale of such cigarettes.
(3) No person may sell cigarettes to consumers in this state unless the person does all of the following:
(a) Verifies the consumer's name and address and that the consumer is at least 18 years of age by any of the following methods:
1. The person uses a database that includes information based on public records.
2. The person receives from the consumer, at the time of purchase, a copy of a government issued identification.
3. The person uses a mechanism, other than a mechanism specified under subd. 1. or 2., that is approved by the department.
(b) Obtains from the consumer, at the time of purchase, a statement signed by the consumer that confirms all of the following:
1. The consumer's name, address, and birth date.
2. That the consumer understands that no person who is under 18 years of age may purchase or possess cigarettes or falsely represent his or her age for the purpose of receiving cigarettes, as provided under s. 254.92.
3. That the consumer understands that any person who, for the purpose of obtaining credit, goods, or services, intentionally uses, attempts to use, or possesses with intent to use, any personal identifying information or personal identification document of an individual, including a deceased individual, without the authorization or consent of the individual and by representing that he or she is the individual, that he or she is acting with the authorization or consent of the individual, or that the information or document belongs to him or her, is guilty of a Class H felony, as provided under s. 943.201.
(4) Any person who makes a sale of cigarettes by means of the Internet shall, at the time of purchase, obtain the purchaser's electronic mail address and shall receive payment for the sale by credit card, debit card, or check prior to shipping.
(5) The invoice for any shipment of cigarettes sold to consumers in this state by direct marketing shall specify the name and address of the seller and any valid permit issued under s. 139.34 that is held by the seller.
(6) All packages of cigarettes shipped to consumers in this state shall be clearly labelled "CIGARETTES" on the outside of such packages.
(7) (a) No person may deliver a package of cigarettes sold by direct marketing to a consumer in this state unless the person making the delivery receives a government issued identification card from the person receiving the package and verifies that the person receiving the package is at least 18 years of age. If the person receiving the package is not the person to whom the package is addressed, the person delivering the package shall have the person receiving the package sign a statement that affirms that the person to whom the package is addressed is at least 18 years of age.
(b) No person may deliver a package of cigarettes to a consumer in this state unless the seller of the cigarettes provides proof to the person making the delivery that the seller has complied with all requirements under this subchapter. A seller shall have no course of action against any person who refuses to deliver cigarettes as provided under this subdivision.".
12.
Page 938, line 20: delete the material beginning with that line and ending on page 939, line 14.
13.
Page 941, line 1: delete lines 1 to 10.
14.
Page 941, line 21: delete the material beginning with that line and ending with page 943, line 4.
15.
Page 943, line 8: after "134.66" insert ". The attorney general may take any action necessary to enforce s. 139.345".
16.
Page 943, line 8: after that line insert:
"SECTION 1992c. 139.46 of the statutes is created to read:
139.46 Lists. The department shall compile and maintain a list of direct marketers who have complied with the requirements of s. 139.345 and a list of direct marketers who the department knows have not complied with such requirements. The department shall provide copies of the lists described under this section to the attorney general and to each person who delivers cigarettes to consumers in this state that are sold by direct marketing under s. 139.345.".
17.
Page 943, line 9: delete the material beginning with that line and ending on page 944, line 19.
18.
Page 945, line 3: delete the material beginning with that line and ending on page 948, line 8.
19.
Page 987, line 9: after that line insert:
"SECTION 2145g. 254.92 (2m) of the statutes is created to read:
254.92 (2m) No person may purchase cigarettes on behalf of, or to provide to, any person who is under 18 years of age. Any person who violates this subsection may be:
(a) Required to forfeit not more than $500 if the person has not committed a previous violation within 30 months of the violation.
(b) Fined not more than $500 or imprisoned for not more than 30 days or both if the person has committed a previous violation within 30 months of the violation.
(c) Fined not more than $1,000 or imprisoned for not more than 90 days or both if the person has committed 2 previous violations within 30 months of the violation.
(d) Fined not more than $10,000 or imprisoned for not more than 9 months or both if the person has committed 3 or more previous violations within 30 months of the violation.".
20.
Page 1130, line 3: delete lines 3 to 18.
(End)
LRBb0203LRBb0203/1
PJK:jld:jf
2005 - 2006 LEGISLATURE
LFB:......Onsager (Yvonne) - Remove provisions related to youths leaving out-of-home care
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 561, line 10: delete lines 10 to 18.
2.
Page 1112, line 5: delete lines 5 to 11.
3.
Page 1124, line 12: delete lines 12 to 16.
(End)
LRBb0204LRBb0204/1
ARG:wlj:pg
2005 - 2006 LEGISLATURE
LFB:......Russell, Motion 265 - Three-tier liquor distribution; paper intoxicating liquor wholesalers; reciprocal wine shipment agreements
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 919, line 5: after "suspended" insert "or to request a hearing".
2.
Page 919, line 7: after "response" insert "or a written request for an evidentiary hearing before the department under s. 227.44".
3.
Page 919, line 8: delete "par. (d)" and substitute "pars. (d) 1. and (dm), if no request for an evidentiary hearing is made under par. (b)".
4.
Page 919, line 9: after "a response" insert "or request for hearing".
5.
Page 919, line 14: after that line insert:
"(cm) Subject to pars. (d) 2. and (dm), if a request for an evidentiary hearing is made under par. (b), the hearing shall be conducted in the manner specified for a contested case under ss. 227.44 to 227.50, except that the hearing shall be conducted within 45 days of receiving the request for hearing under par. (b) and the department shall make its written decision, including whether a violation has occurred and whether the complaint is dismissed or action is taken under par. (e), within 15 days after the hearing. In addition to service of the decision as provided under s. 227.48, the department shall provide a copy of the decision to the complainant.".
6.
Page 919, line 15: delete "Within" and substitute "1. If no request for an evidentiary hearing is made under par. (b), within".
7.
Page 919, line 16: after "response" insert "or request for hearing".
8.
Page 919, line 19: after that line insert:
"2. If a request for an evidentiary hearing is made under par. (b), within 45 days of receiving the request for hearing under par. (b), the department may extend the time period for conducting the hearing by an additional 45 days if the department provides notice within 45 days of receiving the request for hearing under par. (b) that an additional 45 days is necessary for investigation.
(dm) Within 45 days of receiving any response or request for hearing under par. (b) or, if no response or request for hearing is made, within 45 days of the date on which a response or request for hearing is due under par. (b), the department may elect to file a complaint in circuit court under sub. (4) that includes all allegations of the complaint under par. (a) for which the department determines there is cause to find that a violation of s. 125.54 (7) (a) has occurred. If the department files a complaint in circuit court as provided under this paragraph, the department shall not conduct a hearing under par. (cm) or make a written decision under par. (c), but shall proceed with the matter as provided under sub. (4).".
9.
Page 919, line 20: after "allegations" insert "under par. (a)".
10.
Page 919, line 24: after "suspension" insert "proceeding".
11.
Page 919, line 25: after "227" insert ", except that ss. 227.44 to 227.50 apply to a proceeding under this subsection only if a request for an evidentiary hearing is made under par. (b)".
12.
Page 920, line 8: delete "If any" and substitute "(1) An".
13.
Page 920, line 10: after "association" insert "that".
14.
Page 920, line 11: delete "(a), and the" and substitute "(a) may bring an action to enforce the provisions of s. 125.54 (7) if any of the following apply:
(a) The".
15.
Page 920, line 12: delete the material beginning with "and" and ending with "and" on line 13 and substitute "to (d).
(b) The department has rendered a decision under s. 125.12 (6) in which the department has determined that a violation has occurred but no action has been brought in circuit court by the department, attorney general, or a district attorney to prosecute the violation.
(2) An intoxicating liquor wholesaler, intoxicating liquor retail licensee or permittee, or intoxicating liquor trade association that brings an action under sub. (1)".
16.
Page 920, line 20: after "permit" insert ", or at any warehouse premises for which the permittee under this section also holds a permit issued under s. 125.19,".
17.
Page 921, line 7: delete the material beginning with "In" and ending with "wholesaler" on line 8 and substitute "A wholesaler".
18.
Page 921, line 8: after "subsection" insert "shall be fined not more than $10,000. In addition, a court shall order the wholesaler".
19.
Page 921, line 10: on lines 10, 13 and 16, delete "may" and substitute "shall".
