OC7 SB1: Bill Text

SB1, s. 2759r Section 2759r. 125.69 (1) (b) 1. of the statutes is amended to read:

SB1,1211,24 125.69 (1) (b) 1. Except as provided under subds. 2. to subd. 4., no intoxicating liquor manufacturer, rectifier, winery, out-of-state shipper permittee, or wholesaler may hold any direct or indirect interest in any "Class B" license or permit or establishment or "Class C" license or establishment and no "Class B" licensee or permittee or "Class C" licensee may hold any direct or indirect interest in a wholesale permit or establishment.

SB1, s. 2759s Section 2759s. 125.69 (1) (b) 2. and 3. of the statutes are repealed.

SB1, s. 2759t Section 2759t. 125.69 (1) (c) (intro.) of the statutes is renumbered 125.69 (1) (c) and amended to read:

SB1,1212,10 125.69 (1) (c) No manufacturer, rectifier, winery, or out-of-state shipper permittee, whether located within or without this state, may hold any direct or indirect interest in any wholesale permit or establishment, except as provided in s. 125.53, and except that a manufacturer that is also a brewer may hold a permit issued under s. 125.54 for the wholesale sale of wine only. This paragraph does not prohibit any of the following persons from obtaining a permit under s. 125.65:. Except as provided in s. 125.53, no retail licensee may hold any direct or indirect interest in any manufacturer, rectifier, winery, or out-of-state shipper permittee.

SB1, s. 2759u Section 2759u. 125.69 (1) (c) 1. to 3. of the statutes are repealed.

SB1, s. 2759v Section 2759v. 125.69 (4) (c) of the statutes is repealed.

SB1, s. 2759w Section 2759w. 125.69 (6) (a) of the statutes is amended to read:

SB1,1212,17 125.69 (6) (a) No campus or retail licensee or permittee may purchase or possess intoxicating liquor purchased from any person other than a manufacturer, rectifier or wholesaler holding a permit under this chapter for the sale of intoxicating liquor.

SB1, s. 2759x Section 2759x. 125.69 (8) of the statutes is created to read:

SB1,1213,4 125.69 (8) Providing taste samples on "Class A" premises. (a) With the consent of the "Class A" licensee, a manufacturer or rectifier may provide, free of charge, on "Class A" premises, taste samples of intoxicating liquor, other than wine, to any person who has attained the legal drinking age, for consumption on the premises during hours in which the "Class A" licensee is authorized under s. 125.51 (2) (am) to provide taste samples. The provision of taste samples under this subsection shall be subject to the same limitations that apply to taste samples provided by a "Class A" licensee under s. 125.51 (2) (am). No manufacturer or rectifier may provide as taste samples under this subsection any intoxicating liquor that the manufacturer or rectifier did not purchase from the "Class A" licensee on whose premises the taste samples are provided.

SB1,1213,7 (b) 1. A manufacturer or rectifier may provide taste samples under par. (a) through an individual representing the manufacturer or rectifier if all of the following apply:

SB1,1213,8 a. The individual is hired by the manufacturer or rectifier.

SB1,1213,9 b. The individual is not employed by, or an agent of, a wholesaler.

SB1,1213,11 2. All provisions of par. (a) that apply to a manufacturer or rectifier apply equally to any individual representing a manufacturer or rectifier.

SB1, s. 2760 Section 2760. 134.43 (3m) of the statutes is amended to read:

SB1,1213,17 134.43 (3m) Subsections (2) (b), (2m) and (3) do not apply to information regarding the name, address or employer of or financial information related to a subscriber or member of a subscriber's household that is requested under s. 49.22 (2m) by the department of workforce development children and families or a county child support agency under s. 59.53 (5).

SB1, s. 2768e Section 2768e. 138.052 (5) (am) 2. b. of the statutes is amended to read:

SB1,1213,24 138.052 (5) (am) 2. b. Within 5 days after the date on which the determination is made, the division of banking shall calculate the average, rounded to the nearest one-hundredth of a percent, of the rates determined by the division of banking and the office of credit unions and report that interest rate to the revisor of statutes legislative reference bureau within 5 days after the date on which the determination is made.

SB1, s. 2768r Section 2768r. 138.052 (5) (am) 2. c. of the statutes is amended to read:

SB1,1214,6 138.052 (5) (am) 2. c. The revisor of statutes legislative reference bureau shall publish the average rate in the next publication of the Wisconsin administrative register. The published interest rate shall take effect on the first day of the first month following its publication and shall be the interest rate used to calculate interest on escrow accounts that are subject to this subdivision until the next year's interest rate is published under this subd. 2. c.

SB1, s. 2769 Section 2769. 138.09 (1m) (b) 2. b. of the statutes is amended to read:

SB1,1214,10 138.09 (1m) (b) 2. b. The division may disclose information under subd. 1. a. to the department of workforce development children and families in accordance with a memorandum of understanding under s. 49.857.

SB1, s. 2770 Section 2770. 138.09 (1m) (c) 1. of the statutes is amended to read:

SB1,1214,17 138.09 (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 children and families.

SB1, s. 2771 Section 2771. 138.09 (3) (am) 3. of the statutes is amended to read:

SB1,1214,22 138.09 (3) (am) 3. The applicant fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings.

SB1, s. 2772 Section 2772. 138.09 (4) (b) of the statutes is amended to read:

SB1,1215,10 138.09 (4) (b) The division shall restrict or suspend a license under this section if, in the case of a licensee who is an individual, the licensee fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or 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. A licensee whose license is restricted or suspended under this paragraph is entitled to a notice and hearing only as provided in a memorandum of understanding entered into under s. 49.857 and is not entitled to a hearing under par. (a).

SB1, s. 2773 Section 2773. 138.12 (3) (d) 2. b. of the statutes is amended to read:

SB1,1215,14 138.12 (3) (d) 2. b. The division may disclose information under subd. 1. a. to the department of workforce development children and families in accordance with a memorandum of understanding under s. 49.857.

SB1, s. 2774 Section 2774. 138.12 (3) (e) 1. of the statutes is amended to read:

SB1,1215,21 138.12 (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 children and families.

SB1, s. 2775 Section 2775. 138.12 (4) (b) 6. of the statutes is amended to read:

SB1,1216,5 138.12 (4) (b) 6. If an individual, has not failed to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings and is not 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.

SB1, s. 2776 Section 2776. 138.12 (5) (am) 1. c. of the statutes is amended to read:

SB1,1216,16 138.12 (5) (am) 1. c. In the case of a licensee who is an individual, the applicant fails to comply, after appropriate notice, with a subpoena or warrant that is issued by the department of workforce development children and families 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).

SB1, s. 2777 Section 2777. 138.12 (5) (am) 2. of the statutes is amended to read:

SB1,1217,4 138.12 (5) (am) 2. The division shall restrict or suspend the license of any insurance premium finance company if the division finds that, in the case of a licensee who is an individual, the licensee fails to comply, after appropriate notice, with a subpoena or warrant that is issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and that is related to paternity or child support proceedings or the licensee 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. A licensee whose license is restricted or suspended under this subdivision is entitled to a notice and hearing under s. 49.857 but is not entitled to a hearing under par. (b).

SB1, s. 2780b Section 2780b. 139.035 of the statutes is repealed and recreated to read:

SB1,1217,21 139.035 Wine shipped directly to individuals in this state. (1) All wine shipped directly to an individual located in Wisconsin by a person holding a direct wine shipper's permit under s. 125.535 shall be sold with the occupational tax imposed under s. 139.03 included in the selling price. As directed by the department, the taxes imposed under s. 139.03 shall be paid to, and a quarterly return filed with, the department once every quarter. In addition to filing a quarterly liquor tax return, each person holding a direct wine shipper's permit under s. 125.535 shall be required to file an addendum, on forms furnished by the department, that provides, at minimum, the identity, quantity, and price of all wine shipped to individuals in this state during the previous quarter, along with the name, address, and birthdate of each person who purchased the wine as well as the name of the person of legal drinking age who acknowledged delivery of the wine. Working with permittees under s. 125.535, the department shall develop forms, in both paper and electronic format, for use by such permittees in obtaining this information and complying with any other requirement under this state's law in connection with the direct shipment of wine.

SB1,1218,2 (2) Any failure of a person holding a direct wine shipper's permit under s. 125.535 to pay the occupational tax or file the addendum required under sub. (1) within 30 days of its due date constitutes grounds for revocation or suspension of the permit. The provisions on timely filing under s. 71.80 (18) apply to the tax and addendum required under this section.

SB1, s. 2780d Section 2780d. 139.11 (4) (title) of the statutes is amended to read:

SB1,1218,4 139.11 (4) (title) Confidentiality and publications.

SB1, s. 2780e Section 2780e. 139.11 (4) of the statutes is renumbered 139.11 (4) (a) and amended to read:

SB1,1218,14 139.11 (4) (a) Sections 71.78 (1) and (4) to (9) and 71.83 (2) (a) 3., relating to confidentiality of income, franchise and gift tax returns, apply to any information obtained from any person on a fermented malt beverage or intoxicating liquor tax return, report, schedule, exhibit or other document or from an audit report relating to any of those documents, except that the department of revenue shall publish brewery production and sales statistics and shall publish or permit the publication of statistics on the total number of gallons of the types and brands of intoxicating liquor sold in this state.

SB1, s. 2780f Section 2780f. 139.11 (4) (b) of the statutes is created to read:

SB1,1218,21 139.11 (4) (b) Sections 71.78 (1) and (4) to (9) and 71.83 (2) (a) 3., relating to confidentiality of income, franchise and gift tax returns, do not apply to any information obtained from any person on an intoxicating liquor tax return, report, schedule, exhibit or other document or from an audit report relating to any of those documents. With the information provided to the department by any person, the department of revenue shall publish at least once each month:

SB1,1218,23 1. Statistics on the total number of gallons of the types and brands of intoxicating liquor sold in this state.

SB1,1219,5 2. A current and regularly updated list, made available on paper and on the department's Internet Web site, of permit holders that minimally includes detailed information on the name, address, contact person, and date of permit issuance for every manufacturer's and rectifier's permit issued under s. 125.52, winery permit issued under s. 125.53, direct wine shipper's permit issued under s. 125.535, wholesaler's permit issued under s. 125.54, and out-of-state shipper's permit issued under s. 125.58.

SB1,1219,8 3. A report summarizing the identity, quantity, and price of all products sold under each winery permit issued under s. 125.53 and each direct wine shipper's permit issued under s. 125.535.

SB1,1219,10 4. A report summarizing the sales quantity and product data available for all products sold under each wholesaler's permit issued under s. 125.54.

SB1, s. 2781 Section 2781. 139.31 (1) (a) of the statutes is amended to read:

SB1,1219,13 139.31 (1) (a) On cigarettes weighing not more than 3 pounds per thousand, 38.5 101 mills on each cigarette.

SB1, s. 2782 Section 2782. 139.31 (1) (b) of the statutes is amended to read:

SB1,1219,16 139.31 (1) (b) On cigarettes weighing more than 3 pounds per thousand, 77 202 mills on each cigarette.

SB1, s. 2783 Section 2783. 139.315 (1) of the statutes is amended to read:

SB1,1220,2 139.315 (1) Inventory tax imposed. On the effective date of any increase in the sum of the rates under s. 139.31 (1) (a) and (c) or in the sum of the rates under s. 139.31 (1) (b) and (d), an inventory tax is imposed upon cigarettes held in inventory for sale or resale on which the cigarette tax has been paid at the prior rate and upon unaffixed stamps in the possession of distributors. Any person who is in possession of any such cigarettes or unaffixed stamps shall pay the tax imposed under this section. Any person liable for this tax shall determine the number of cigarettes and unaffixed stamps in the person's possession on the effective date of the increase, and by the 15th 30th day after the effective date of the increase the person shall file a return and shall by that date pay the tax due.

SB1, s. 2785 Section 2785. 139.32 (5) of the statutes is amended to read:

SB1,1220,6 139.32 (5) Manufacturers, bonded direct marketers, and distributors who are authorized by the department to purchase tax stamps shall receive a discount of 1.6% 0.7 percent of the tax paid on stamp purchases.

SB1, s. 2838 Section 2838. 139.76 (1) of the statutes is amended to read:

SB1,1220,19 139.76 (1) An 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 25% 65.6 percent 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 25% 65.6 percent 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.

SB1, s. 2840 Section 2840. 139.78 (1) of the statutes is amended to read:

SB1,1220,25 139.78 (1) A tax is imposed upon the use or storage by consumers of tobacco products in this state at the rate of 25% 65.6 percent of the cost of the tobacco products. The tax does not apply if the tax imposed by s. 139.76 (1) on the tobacco products has been paid or if the tobacco products are exempt from the tobacco products tax under s. 139.76 (2).

SB1, s. 2851 Section 2851. 146.19 (title) of the statutes is amended to read:

SB1,1221,2 146.19 (title) Cooperative American Indian health projects.

SB1, s. 2852 Section 2852. 146.19 (1) (c) of the statutes is amended to read:

SB1,1221,5 146.19 (1) (c) "Tribal agency" means an agency of the governing body of created by a tribe.

SB1, s. 2853 Section 2853. 146.19 (1) (d) of the statutes is amended to read:

SB1,1221,8 146.19 (1) (d) "Tribe" means the governing body of a federally recognized American Indian tribe or band located in this state.

SB1, s. 2854 Section 2854. 146.19 (2) (intro.) of the statutes is amended to read:

SB1,1221,18 146.19 (2) Cooperative American Indian health project grants. (intro.) From the appropriation under s. 20.435 (5) (ke), the department shall award grants for cooperative American Indian health projects in order to promote cooperation among tribes, tribal agencies, inter-tribal organizations and other agencies and organizations in addressing address specific problem areas in the field of American Indian health. A tribe, tribal agency, or inter-tribal organization may apply, in the manner specified by the department, for a grant of up to $10,000 to conduct a cooperative an American Indian health project , which meets all of the following requirements that is designed to do any of the following:

SB1, s. 2855 Section 2855. 146.19 (2) (a) of the statutes is repealed.

SB1, s. 2856 Section 2856. 146.19 (2) (b) (intro.) of the statutes is repealed.

SB1, s. 2857 Section 2857. 146.19 (2) (b) 1. of the statutes is renumbered 146.19 (2) (am).

SB1, s. 2858 Section 2858. 146.19 (2) (b) 2. of the statutes is renumbered 146.19 (2) (bm) and amended to read:

SB1,1221,25 146.19 (2) (bm) Fund start-up costs of cooperative programs to deliver health care services to American Indians.

SB1, s. 2859 Section 2859. 146.19 (2) (b) 3. of the statutes is renumbered 146.19 (2) (c).

SB1, s. 2860 Section 2860. 146.19 (2) (d) of the statutes is created to read:

SB1,1222,4 146.19 (2) (d) Provide innovative community-based health care services to American Indians.

SB1, s. 2861 Section 2861. 146.19 (4) of the statutes is repealed.

SB1, s. 2862 Section 2862. 146.40 (4d) (am) of the statutes is amended to read:

SB1,1222,13 146.40 (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 children and families. A certification or approval issued in reliance upon a false statement submitted under this paragraph is invalid.

SB1, s. 2863 Section 2863. 146.51 (1m) of the statutes is amended to read:

SB1,1222,22 146.51 (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 children and families. A license, training permit or certification issued or renewed in reliance upon a false statement submitted under this subsection is invalid.

SB1, s. 2864 Section 2864. 146.51 (2) of the statutes is amended to read:

SB1,1223,2 146.51 (2) The department of health and family services may not disclose any information received under sub. (1) to any person except to the department of workforce development children and families for the purpose of making certifications required under s. 49.857.

SB1, s. 2865 Section 2865. 146.51 (3) of the statutes is amended to read:

SB1,1223,16 146.51 (3) The department of health and family services shall deny an application for the issuance or renewal of a license, training permit or certification specified in sub. (1), shall suspend a license, training permit or certification specified in sub. (1) or may, under a memorandum of understanding under s. 49.857 (2), restrict a license, training permit or certification specified in sub. (1) if the department of workforce development children and families certifies under s. 49.857 that the applicant for or holder of the license, training permit or certification is delinquent in the payment of 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 or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings.