Amendment CA1-ASA1-AB133

AB133-ASA1-CA1,451,16 " Section 2167m. 134.48 of the statutes is created to read:

AB133-ASA1-CA1,451,18 134.48 Contracts for the display of free newspapers. (1) Definitions. In this section:

AB133-ASA1-CA1,451,22 (a) "Newspaper" means a publication that is printed on newsprint and that is published, printed and distributed periodically at daily, weekly or other short intervals for the dissemination of current news and information of a general character and of a general interest to the public.

AB133-ASA1-CA1,452,2 (b) "Place of public accommodation" means a business, accommodation, refreshment, entertainment, recreation or transportation facility where goods, services, facilities, privileges, advantages or accommodations are offered, sold or otherwise made available to the public.

AB133-ASA1-CA1,452,8 (2) A contract for the display of a newspaper that is distributed free of charge to the public in a place of public accommodation may not prohibit the person displaying the newspaper for distribution from displaying any other newspaper that is distributed free of charge to the public. A provision in a contract that violates this subsection is unenforceable, but does not affect the enforceability of the remaining provisions of the contract.".

AB133-ASA1-CA1,452,9 1266. Page 1139, line 11: after that line insert:

AB133-ASA1-CA1,452,10 " Section 2165L. 125.51 (3m) (c) of the statutes is amended to read:

AB133-ASA1-CA1,452,19 125.51 (3m) (c) A "Class C" license may be issued to a person qualified under s. 125.04 (5) for a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts and which does not have a barroom if the municipality's quota under sub. (4) prohibits the municipality from issuing a "Class B" license to that person or for a restaurant in which the sale of alcohol beverages accounts for less than 50% of gross receipts and which has a barroom in which wine is the only intoxicating liquor sold. A "Class C" license may not be issued to a foreign corporation, a foreign limited liability company or a person acting as agent for or in the employ of another.".

AB133-ASA1-CA1,452,20 1267. Page 1139, line 11: after that line insert:

AB133-ASA1-CA1,452,21 " Section 2166a. 138.052 (5) (am) 2. a. of the statutes is amended to read:

AB133-ASA1-CA1,453,5 138.052 (5) (am) 2. a. On January 1, 1994, and annually thereafter, the division of banking for banks, the division of savings and loan institutions for savings and loan associations and savings banks and the office of credit unions for credit unions shall determine the interest rate that is the average of the interest rates paid, rounded to the nearest one-hundredth of a percent, on regular passbook deposit accounts by institutions under the division's or office's jurisdiction at the close of the last quarterly reporting period that ended at least 30 days before the determination is made.

AB133-ASA1-CA1, s. 2168a Section 2168a. 138.055 (4) (a) of the statutes is amended to read:

AB133-ASA1-CA1,453,8 138.055 (4) (a) The division of savings and loan institutions, if the lender is a savings and loan association or savings bank;

AB133-ASA1-CA1, s. 2169a Section 2169a. 138.056 (1) (a) 4. a. of the statutes is amended to read:

AB133-ASA1-CA1,453,11 138.056 (1) (a) 4. a. The division of savings and loan institutions, if the lender is a savings and loan association or savings bank;".

AB133-ASA1-CA1,453,12 1268. Page 1139, line 11: after that line insert:

AB133-ASA1-CA1,453,13 " Section 2167a. 138.052 (5) (am) 2. b. of the statutes is amended to read:

AB133-ASA1-CA1,453,19 138.052 (5) (am) 2. b. The office of credit unions and the division of banking shall report the rate calculated to the division of savings and loan institutions within 5 days after the date on which the determination is made. The division of savings and loan institutions shall calculate the average, rounded to the nearest one-hundredth of a percent, of the 3 rates and report that interest rate to the revisor of statutes within 5 days after the date on which the determination is made.".

AB133-ASA1-CA1,453,20 1269. Page 1139, line 11: after that line insert:

AB133-ASA1-CA1,453,21 " Section 2167x. 134.73 of the statutes is created to read:

AB133-ASA1-CA1,453,23 134.73 Identification of prisoner making telephone solicitation. (1) Definitions. In this section:

AB133-ASA1-CA1,453,24 (a) "Contribution" has the meaning given in s. 440.41 (5).

AB133-ASA1-CA1,454,2 (b) "Prisoner" means a prisoner of any public or private correctional or detention facility that is located within or outside this state.

AB133-ASA1-CA1,454,3 (c) "Solicit" has the meaning given in s. 440.41 (8).

AB133-ASA1-CA1,454,5 (d) "Telephone solicitation" means the unsolicited initiation of a telephone conversation for any of the following purposes:

AB133-ASA1-CA1,454,6 1. To encourage a person to purchase property, goods or services.

AB133-ASA1-CA1,454,7 2. To solicit a contribution from a person.

AB133-ASA1-CA1,454,8 3. To conduct an opinion poll or survey.

AB133-ASA1-CA1,454,10 (2) Requirements. A prisoner who makes a telephone solicitation shall do all of the following immediately after the person called answers the telephone:

AB133-ASA1-CA1,454,11 (a) Identify himself or herself by name.

AB133-ASA1-CA1,454,12 (b) State that he or she is a prisoner.

AB133-ASA1-CA1,454,14 (c) Inform the person called of the name of the correctional or detention facility in which he or she is a prisoner and the city and state in which the facility is located.

AB133-ASA1-CA1,454,16 (3) Territorial application. (a) Intrastate. This section applies to any intrastate telephone solicitation.

AB133-ASA1-CA1,454,18 (b) Interstate. This section applies to any interstate telephone solicitation received by a person in this state.

AB133-ASA1-CA1,454,20 (4) Penalties. (a) A prisoner who violates this section may be required to forfeit not more than $500.

AB133-ASA1-CA1,454,23 (b) If a person who employes a prisoner to engage in telephone solicitation is concerned in the commission of a violation of this section as provided under s. 134.99, the person may be required to forfeit not more than $10,000.

AB133-ASA1-CA1, s. 2167z Section 2167z. 134.95 (2) of the statutes is amended to read:

AB133-ASA1-CA1,455,7 134.95 (2) Supplemental forfeiture. If a fine or a forfeiture is imposed on a person for a violation under s. 100.171, 100.173, 100.174, 100.175, 100.177, 134.71, 134.72, 134.73 or 134.87 or ch. 136 or a rule promulgated under these sections or that chapter, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the fine or forfeiture was imposed, was perpetrated against an elderly person or disabled person and if any of the factors under s. 100.264 (2) (a), (b) or (c) is present.".

AB133-ASA1-CA1,455,8 1270. Page 1139, line 11: after that line insert:

AB133-ASA1-CA1,455,10 " Section 2166e. 135.02 (3) of the statutes is renumbered 135.02 (3) (intro.) and amended to read:

AB133-ASA1-CA1,455,11 135.02 (3) (intro.) "Dealership" means a any of the following:

AB133-ASA1-CA1,455,17 (a) A contract or agreement, either expressed or implied, whether oral or written, between 2 or more persons, by which a person is granted the right to sell or distribute goods or services, or use a trade name, trademark, service mark, logotype, advertising or other commercial symbol, in which there is a community of interest in the business of offering, selling or distributing goods or services at wholesale, retail, by lease, agreement or otherwise.

AB133-ASA1-CA1, s. 2166m Section 2166m. 135.02 (3) (b) of the statutes is created to read:

AB133-ASA1-CA1,455,24 135.02 (3) (b) A contract or agreement, either expressed or implied, whether oral or written, between 2 or more persons by which a wholesaler, as defined in s. 125.02 (21), is granted the right to sell or distribute intoxicating liquor, as defined in s. 125.02 (8), or use a trade name, trademark, service mark, logotype, advertising or other commercial symbol related to intoxicating liquor. This paragraph does not apply to dealerships described in s. 135.066 (5) (a) and (b).

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.".