Amendment SSA2-SB285

SB285-SSA2,14,11 134.65 (title) Cigarette, electronic vaping devices, and tobacco products retailer license.

SB285-SSA2,28 Section 28 . 134.65 (1) of the statutes is renumbered 134.65 (1d) and amended to read:

SB285-SSA2,14,19 134.65 (1d) No person 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, electronic vaping devices, 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.

SB285-SSA2,29 Section 29 . 134.65 (1a) of the statutes is created to read:

SB285-SSA2,14,21 134.65 (1a) In this section:

SB285-SSA2,14,22 (a) “Cigarette” has the meaning given in s. 139.30 (1m).

SB285-SSA2,15,8 (b) “Electronic vaping device” means a device that may be used to deliver any aerosolized or vaporized liquid or other substance for inhalation, regardless of whether the liquid or other substance contains nicotine, including an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. “Electronic vaping device” includes a component, part, or accessory of the device, and includes a liquid or other substance that may be aerosolized or vaporized by such device, regardless of whether the liquid or other substance contains nicotine. “Electronic vaping device” does not include a battery or battery charger when sold separately. “Electronic vaping device” does not include drugs, devices, or combination products authorized for sale by the U.S. food and drug administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

SB285-SSA2,15,9 (c) “Tobacco products” has the meaning given in s. 139.75 (12).

SB285-SSA2,15,10 (d) “Vending machine” has the meaning given in s. 139.30 (14).

SB285-SSA2,30 Section 30. 134.65 (1g) of the statutes is created to read:

SB285-SSA2,15,14 134.65 (1g) (a) The department of revenue shall create an application form for licenses issued under sub. (1d). The form shall require all of the following information from an applicant:

SB285-SSA2,15,16 1. The applicant's history relevant to the applicant's fitness to hold a license under sub. (1d).

SB285-SSA2,15,17 2. The kind of license for which the applicant is applying.

SB285-SSA2,15,19 3. The premises where cigarettes, electronic vaping devices, or tobacco products will be sold or stored.

SB285-SSA2,15,21 4. If the applicant is a corporation, the identity of the corporate officers and agent.

SB285-SSA2,15,23 5. If the applicant is a limited liability company, the identity of the company members or managers and agent.

SB285-SSA2,15,24 6. The applicant's trade name, if any.

SB285-SSA2,16,3 7. Whether the applicant will sell, exchange, barter, dispose of, or give away the cigarettes, electronic vaping devices, or tobacco products over the counter or in a vending machine, or both.

SB285-SSA2,16,4 8. Any other information required by the department of revenue.

SB285-SSA2,16,6 (b) The department of revenue shall make the form prepared under this subsection available to all cities, villages, and towns.

SB285-SSA2,16,8 (c) An applicant for a license under sub. (1d) shall use the form prepared under this subsection.

SB285-SSA2,16,11 (d) An application for a license under sub. (1d) shall be signed by the applicant and the applicant shall submit the application to the clerk of the city, village, or town where the intended place of sale is located.

SB285-SSA2,16,15 (e) Within 30 days of any change in any fact set forth in an application for a license under sub. (1d), the applicant or licensee shall file a written description of the change with the clerk of the city, village, or town where the application was submitted.

SB285-SSA2,16,19 (f) Any person may inspect applications for a license under sub. (1d). The clerk of a city, village, or town where such applications are submitted shall retain all applications, except that the clerk may destroy any application that is 4 or more years old.

SB285-SSA2,31 Section 31. 134.65 (1m) of the statutes is renumbered 134.65 (1m) (a) (intro.) and amended to read:

SB285-SSA2,17,2 134.65 (1m) (a) (intro.) A city, village, or town clerk may not issue a license under sub. (1) (1d) unless the applicant specifies in the license application whether the applicant will sell, exchange, barter, dispose of, or give away the cigarette or tobacco products over the counter or in a vending machine, or both. meets all of the following requirements:

SB285-SSA2,32 Section 32. 134.65 (1m) (a) 1., 2. and 3. of the statutes are created to read:

SB285-SSA2,17,5 134.65 (1m) (a) 1. Subject to ss. 111.321, 111.322, and 111.335, the applicant has not habitually been a law offender or been convicted of a felony unless pardoned.

SB285-SSA2,17,6 2. The applicant has submitted the proof required under s. 77.61 (11).

SB285-SSA2,17,7 3. The applicant has attained the age of 21.

SB285-SSA2,33 Section 33. 134.65 (1m) (b) of the statutes is created to read:

SB285-SSA2,17,15 134.65 (1m) (b) The requirements under par. (a) apply to all partners of a partnership, all members of a 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. (1d) unless the entity has terminated its relationship with the individuals whose actions directly contributed to the conviction.

SB285-SSA2,34 Section 34 . 134.65 (1r) of the statutes is amended to read:

SB285-SSA2,17,22 134.65 (1r) A city, village, or town clerk may not require an applicant's signature on an application for a cigarette, electronic vaping devices, and tobacco products retailer license to be notarized. If a city, village, town, or any department of this state prepares an application form for a cigarette, electronic vaping devices, and tobacco products retailer license, the form may not require an applicant's signature on the form to be notarized.

SB285-SSA2,35 Section 35. 134.65 (2m) of the statutes is created to read:

SB285-SSA2,18,5 134.65 (2m) Annually, no later than July 15, the clerk of a city, village, or town issuing licenses under sub. (1d) shall submit to the department of revenue, in a manner prescribed by the department, a list of licenses issued by the city, village, or town under sub. (1d) during the previous fiscal year. The list shall include the name, address, seller's permit number, and trade name of the licensee and the type of license held. The department of revenue shall publish this list annually on the department's Internet site.

SB285-SSA2,36 Section 36. 134.65 (3m) of the statutes is created to read:

SB285-SSA2,18,10 134.65 (3m) A person holding a license under sub. (1d) shall enclose the license in a frame that has a transparent front that allows the license to be read clearly. The licensee shall conspicuously display the license for public inspection at all times in the room or place where the activity subject to licensure is carried out.

SB285-SSA2,37 Section 37 . 134.65 (4) of the statutes is amended to read:

SB285-SSA2,18,17 134.65 (4) Every licensed retailer shall keep complete and accurate records of all purchases and receipts of cigarettes, electronic vaping devices, and tobacco products. Such records shall be preserved on the licensed premises for 2 years in such a manner as to insure permanency and accessibility for inspection and shall be subject to inspection at all reasonable hours by authorized state and local law enforcement officials.

SB285-SSA2,38 Section 38 . 134.65 (5m) of the statutes is amended to read:

SB285-SSA2,18,21 134.65 (5m) Any person who knowingly provides materially false information in an application for a cigarette, electronic vaping devices, and tobacco products retailer license under this section may be required to forfeit not more than $1,000.

SB285-SSA2,39 Section 39 . 134.65 (8) of the statutes is amended to read:

SB285-SSA2,19,3 134.65 (8) The uniform licensing of cigarette, electronic vaping devices, and tobacco products retailers is a matter of statewide concern. A city, village, or town may adopt an ordinance regulating the issuance, suspension, revocation, or renewal of a license under this section only if the ordinance strictly conforms to this section. If a city, village, or town has in effect on May 1, 2016, an ordinance that does not strictly conform to this section, the ordinance does not apply and may not be enforced.

SB285-SSA2,40 Section 40. 134.66 (1) (g) of the statutes is amended to read:

SB285-SSA2,19,5 134.66 (1) (g) “Retailer" means any person licensed under s. 134.65 (1) (1d).

SB285-SSA2,41 Section 41. 139.11 (4) (a) (intro.) of the statutes is amended to read:

SB285-SSA2,19,12 139.11 (4) (a) (intro.) Sections 71.78 (1), (1g), (1m), and (4) to (9) and 71.83 (2) (a) 3. and 3m., relating to confidentiality of income and franchise tax returns, apply to any information obtained from any person on a fermented malt beverage 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 the following:

SB285-SSA2,42 Section 42. 139.38 (6) of the statutes is amended to read:

SB285-SSA2,19,21 139.38 (6) Sections 71.78 (1), (1g), (1m), and (4) to (9) and 71.83 (2) (a) 3. and 3m., relating to confidentiality of income and franchise tax returns, apply to any information obtained from any person on a cigarette tax return, report, schedule, exhibit, or other document or from an audit report pertaining to the return, report, schedule, exhibit, or document, except that the department shall publish on its Internet site, at least quarterly, a current list of permits issued to distributors and jobbers under s. 139.34 and include on the list the name and address of the permit holder and the date on which the department issued the permit.

SB285-SSA2,43 Section 43 . 139.44 (2) of the statutes is amended to read:

SB285-SSA2,20,2 139.44 (2) Any person who makes or signs any false or fraudulent report or who attempts to evade the tax imposed by s. 139.31 or 139.76, or who aids in or abets the evasion or attempted evasion of that tax may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB285-SSA2,44 Section 44 . 139.44 (2m) of the statutes is created to read:

SB285-SSA2,20,6 139.44 (2m) Any person who evades or attempts to evade, or who aids or abets the evasion or attempted evasion of, a tax imposed under s. 139.31 or 139.76 is guilty of the following:

SB285-SSA2,20,7 (a) A Class A misdemeanor if the amount of the tax is no more than $2,500.

SB285-SSA2,20,9 (b) A Class I felony if the amount of the tax is more than $2,500, but no more than $5,000.

SB285-SSA2,20,11 (c) A Class H felony if the amount of the tax is more than $5,000, but no more than $10,000.

SB285-SSA2,20,13 (d) A Class G felony if the amount of the tax is more than $10,000, but no more than $100,000.

SB285-SSA2,20,14 (e) A Class F felony if the amount of the tax is more than $100,000.

SB285-SSA2,45 Section 45. 139.44 (8) (a) of the statutes is amended to read:

SB285-SSA2,20,18 139.44 (8) (a) If the number of cigarettes does not exceed 6,000, a fine of 200, the person may be fined not more than $200 or imprisonment imprisoned for not more than 6 months or both.

SB285-SSA2,46 Section 46. 139.44 (8) (am) of the statutes is created to read:

SB285-SSA2,20,22 139.44 (8) (am) If the number of cigarettes exceeds 200 but does not exceed 3,000, the person may be fined not more than $1,000 or imprisoned for not more than one year or both.

SB285-SSA2,47 Section 47. 139.44 (8) (b) and (c) of the statutes are amended to read:

SB285-SSA2,21,3 139.44 (8) (b) If the number of cigarettes exceeds 6,000 3,000 but does not exceed 36,000, a fine of not more than $1,000 or imprisonment for not more than one year in the county jail or both 5,000, the person is guilty of a Class I felony.

SB285-SSA2,21,5 (c) If the number of cigarettes exceeds 36,000 5,000 but does not exceed 10,000, the person is guilty of a Class I H felony.

SB285-SSA2,48 Section 48. 139.44 (8) (d) of the statutes is created to read:

SB285-SSA2,21,8 139.44 (8) (d) If the number of cigarettes exceeds 10,000, the person is guilty of a Class F felony.

SB285-SSA2,49 Section 49. 139.82 (6) of the statutes is amended to read:

SB285-SSA2,21,17 139.82 (6) Sections 71.78 (1), (1g), (1m), and (4) to (9) and 71.83 (2) (a) 3. and 3m., relating to confidentiality of income and franchise tax returns, apply to any information obtained from any person on a cigarette tax return, report, schedule, exhibit, or other document or from an audit report pertaining to the return, report, schedule, exhibit, or document, except that the department shall publish on its Internet site, at least quarterly, a current list of permits issued to distributors and jobbers under s. 139.34 and include on the list the name and address of the permit holder and the date on which the department issued the permit.

SB285-SSA2,50 Section 50. 230.36 (1m) (b) 2. (intro.) of the statutes is amended to read:

SB285-SSA2,21,25 230.36 (1m) (b) 2. (intro.) A conservation warden, conservation patrol boat captain, conservation patrol boat engineer, member of the state patrol, state motor vehicle inspector, University of Wisconsin System police officer, security officer, or security person, other state facilities police officer, special tax agent, excise tax investigator employed by the department of revenue and authorized to act under s. 73.031, and special criminal investigation agent employed by the department of justice at all times while:

SB285-SSA2,51 Section 51. 230.36 (2m) (a) 9. of the statutes is amended to read:

SB285-SSA2,22,3 230.36 (2m) (a) 9. A excise tax investigator special agent employed by the department of revenue who is authorized to act under s. 73.031.

SB285-SSA2,52 Section 52. 565.01 (6c) of the statutes is created to read:

SB285-SSA2,22,6 565.01 (6c) “Special agent” means any employee of the department authorized to act under s. 73.031.

SB285-SSA2,53 Section 53. 565.02 (8) (e) of the statutes is renumbered 565.02 (9) (a).

SB285-SSA2,54 Section 54. 565.02 (8) (f) of the statutes is renumbered 565.02 (9) (b) and amended to read:

SB285-SSA2,22,13 565.02 (9) (b) If the division of criminal investigation in the department of justice chooses not to investigate a report under par. (e), coordinate Coordinate an investigation of the suspected gaming-related criminal activity with local law enforcement officials and district attorneys.

SB285-SSA2,55 Section 55. 565.02 (9) (intro.) of the statutes is created to read:

SB285-SSA2,22,15 565.02 (9) (intro.) The department may do all of the following:

SB285-SSA2,56 Section 56. 565.17 (5) (a) of the statutes is amended to read:

SB285-SSA2,22,20 565.17 (5) (a) No Except as provided under par. (d), no employee in the lottery division of the department or the secretary, deputy secretary, or assistant deputy secretary of revenue and no member of such a person's immediate family, as defined in s. 19.42 (7), may purchase a lottery ticket or lottery share.

SB285-SSA2,57 Section 57. 565.17 (5) (d) of the statutes is created to read:

SB285-SSA2,23,2 565.17 (5) (d) An employee in the lottery division of the department may purchase a lottery ticket or lottery share if the purchase is on behalf of the lottery division of the department and is a part of an official lottery investigation. No person may share or assign a lottery ticket or lottery share purchased under this paragraph and no person may claim any prize or winnings from a lottery ticket or lottery share purchased under this paragraph.

SB285-SSA2,58 Section 58. 565.40 (title) of the statutes is amended to read:

SB285-SSA2,23,5 565.40 (title) Department of justice enforcement Enforcement authority.

SB285-SSA2,59 Section 59. 565.40 (4) of the statutes is created to read:

SB285-SSA2,23,11 565.40 (4) Police powers. The department may enforce violations of this chapter, and special agents may exercise their arrest authority under s. 73.031 to enforce violations of this chapter. This subsection does not deprive or relieve other law enforcement or peace officers of the power and duty to enforce violations of this chapter.