Amendment ASA1-SB55

SB55-ASA1,933,9 3. Subtract from subd. 2. the amount determined under subd. 1. and multiply the remainder by 0.75.

SB55-ASA1,933,10 4. Add the results under subds. 1. and 3.

SB55-ASA1, s. 1393 Section 1393. 121.91 (4) (dr) of the statutes is created to read:

SB55-ASA1,933,19 121.91 (4) (dr) Notwithstanding par. (d), if a school district's revenue in the preceding school year was less than the limit under sub. (2m) in the preceding school year, the school district received an increase in aid under s. 121.15 (4) (b) in the current school year, and the increase in aid was equal to or greater than the amount determined under par. (dg) 2., the limit otherwise applicable to the school district's revenue in the current school year under sub. (2m) is increased by the difference between the amount of its revenue in the preceding school year and the amount of the limit in the preceding school year under sub. (2m).

SB55-ASA1, s. 2798f Section 2798f. 121.91 (4) (i) of the statutes is created to read:

SB55-ASA1,933,23 121.91 (4) (i) The limit otherwise applicable to a school district under sub. (2m) in any school year is increased by an amount equal to the amount of property taxes levied for the purpose of s. 120.13 (19) for that school year.

SB55-ASA1, s. 1394 Section 1394. 121.92 (2) (c) of the statutes is amended to read:

SB55-ASA1,934,8 121.92 (2) (c) If the amount of the deductions under pars. (a) and (b) is insufficient to cover the excess revenue, order the school board to reduce the property tax obligations of its taxpayers by an amount that represents the remainder of the excess revenue. The school district's refunds to taxpayers who have already paid their taxes shall be increased by interest at the rate of 0.5% per month. If the school board violates the order, any resident of the school district may seek injunctive relief. This paragraph does not apply to property taxes levied for the purpose of paying the principal and interest on valid bonds or notes issued by the school board.

SB55-ASA1, s. 1395 Section 1395. 125.04 (12) (c) of the statutes is created to read:

SB55-ASA1,934,14 125.04 (12) (c) Retail license or permit for the same premises. No municipality may issue a Class "A," "Class A," Class "B," "Class B," or "Class C" license, and the department may not issue a Class "B" or "Class B" permit, to an applicant if the premises described in the application for a license or permit is already covered by a current license or permit of the same kind unless all of the following apply:

SB55-ASA1,934,19 1. The applicant provides proof to the municipality or department that, not less than 15 days nor more than 30 days before submitting the application, the current licensee or permittee for the premises has provided to the applicant the name and address of each fermented malt beverages wholesaler to whom the current licensee or permittee is indebted.

SB55-ASA1,934,25 2. The applicant provides proof to the municipality or department that, not less than 15 days nor more than 30 days before submitting the application, the applicant has notified each wholesaler identified under subd. 1. of the address and current name of the premises for which the license or permit application is made, of the name and address of the current licensee or permittee, and that the applicant is applying for a license or permit for the premises.

SB55-ASA1,935,2 3. The current licensee or permittee is not in violation of s. 125.33 (7) or 125.69 (4) unless the violation consists of an indebtedness discharged in bankruptcy.

SB55-ASA1,935,4 4. The current licensee or permittee is not the subject of any proceeding under s. 125.12.

SB55-ASA1, s. 1396 Section 1396. 125.06 (8) of the statutes is amended to read:

SB55-ASA1,935,14 125.06 (8) Sale by secured party. The sale of alcohol beverages by a secured party in good faith under the terms of a security agreement, if the sale is not for the purpose of avoiding this chapter or ch. 139. The sale must be in the ordinary course of the business of lending money secured by a security interest in alcohol beverages or warehouse receipts or other evidence of ownership. A sale of fermented malt beverages must be made within 15 days after the secured party takes possession of the fermented malt beverages unless the secured party demonstrates good cause why a sale in compliance with s. 409.504 or the security agreement cannot be made within this time period.

SB55-ASA1, s. 1397 Section 1397. 125.145 of the statutes is amended to read:

SB55-ASA1,935,20 125.145 Prosecutions by attorney general. Upon request by the secretary of revenue, the attorney general may represent this state or assist a district attorney in prosecuting any case arising under this chapter. Notwithstanding s. 971.19 (6), upon request by the secretary of revenue, the attorney general may commence any action to enforce s. 125.30 (1) in the circuit court for Dane County.

SB55-ASA1, s. 1398 Section 1398. 125.17 (6) (a) (intro.) of the statutes is amended to read:

SB55-ASA1,936,4 125.17 (6) (a) (intro.) Except as provided in par. (b), no municipal governing body may issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course , which may include computer-based training and testing, that is approved by the department or the educational approval board, or unless the applicant fulfills one of the following requirements:

SB55-ASA1, s. 1399 Section 1399. 125.30 (6) of the statutes is created to read:

SB55-ASA1,936,12 125.30 (6) Notwithstanding s. 125.11, the department shall issue a written warning to any person located outside this state who sells or ships fermented malt beverages into this state in violation of sub. (1) if the person has not previously received a warning under this section. Any person located outside this state who sells or ships fermented malt beverages into this state in violation of sub. (1) and who has been previously issued a written warning under this subsection shall be fined not more than $10,000 or imprisoned for not more than 2 years or both.

SB55-ASA1, s. 1400 Section 1400. 125.33 (2) (a) of the statutes is amended to read:

SB55-ASA1,936,22 125.33 (2) (a) Give to any campus or Class "B" licensee or permittee, at any given time, for placement inside the premises, signs, clocks, or menu boards with an aggregate value of not more than $150 $2,500. If a gift of any item would cause the $150 $2,500 limit to be exceeded, the recipient shall pay the brewer or wholesaler the amount of the item's value in excess of $150 $2,500. Each recipient shall keep an invoice or credit memo containing the name of the donor and the number and value of items received under this paragraph. The value of an item is its cost to the donor. Each recipient shall make the records kept under this paragraph available to the department for inspection upon request.

SB55-ASA1, s. 1401 Section 1401. 125.33 (2) (b) 2. of the statutes is amended to read:

SB55-ASA1,937,3 125.33 (2) (b) 2. Signs made from paper or, cardboard, plastic, vinyl, or other like material for placement inside the premises, not withstanding the aggregate value limitation of par. (a).

SB55-ASA1, s. 1402 Section 1402. 125.33 (2) (L) of the statutes is renumbered 125.33 (2) (L) 1.

SB55-ASA1, s. 1403 Section 1403. 125.33 (2) (L) 2. of the statutes is created to read:

SB55-ASA1,937,14 125.33 (2) (L) 2. Purchase advertising from a person who does not hold a license under this chapter and who conducts national or regional sweepstakes, contests, or promotions on the premises of Class "B" licensees or permittees that sell the brewer's or wholesaler's products. The person may promote an event or activity in connection with a sweepstakes, contest, or promotion, including promoting the location of the event or activity, if the Class "B" licensee or permittee on whose premises the event or activity will occur does not receive money for hosting the event or activity and, except as provided in subd. 4., if the advertising for the event or activity identifies at least 4 unaffiliated Class "B" licensees or permittees.

SB55-ASA1, s. 1404 Section 1404. 125.33 (2) (L) 3. of the statutes is created to read:

SB55-ASA1,937,23 125.33 (2) (L) 3. Conduct national or regional sweepstakes, contests, or promotions on the premises of Class "B" licensees or permittees that sell the brewer's or wholesaler's products. The brewer or wholesaler may promote an event or activity in connection with a sweepstakes, contest, or promotion, including promoting the location of the event or activity, if the Class "B" licensee or permittee on whose premises the event or activity will occur does not receive money for hosting the event or activity and, except as provided in subd. 4., if the advertising for the event or activity identifies at least 4 unaffiliated Class "B" licensees or permittees.

SB55-ASA1, s. 2810m Section 2810m. 125.33 (2) (L) 4. of the statutes is created to read:

SB55-ASA1,938,4 125.33 (2) (L) 4. A brewer that manufactures less than 30,000 barrels of fermented malt beverages annually may purchase advertising under subd. 2, and may promote sweepstakes, contests, or promotions through advertising under subd. 3., if the advertising identifies at least one Class "B" licensee or permittee.

SB55-ASA1, s. 1405 Section 1405. 125.33 (2) (n) 2. of the statutes is amended to read:

SB55-ASA1,938,10 125.33 (2) (n) 2. Notwithstanding subd. 1., no brewer or wholesaler may provide business entertainment to a Class "B" licensee or permittee under subd. 1. in one day that has a value exceeding $75 $500, and no brewer or wholesaler may provide business entertainment to a Class "B" licensee or permittee under subd. 1. on more than 8 days in any calendar year.

SB55-ASA1, s. 1406 Section 1406. 125.33 (2s) of the statutes is amended to read:

SB55-ASA1,938,16 125.33 (2s) Exception for retail trade association contributions. Notwithstanding the prohibitions in sub. (1), a brewer that produces 350,000 or more barrels of fermented malt beverages annually or wholesaler may contribute money or other things of value to a bona fide national or, statewide, or local trade association which derives its principle income from membership dues of Class "B" licensees.

SB55-ASA1, s. 2812m Section 2812m. 125.33 (7m) of the statutes is created to read:

SB55-ASA1,938,22 125.33 (7m) Conditional purchases. No Class "A" or Class "B" licensee may condition the purchase of fermented malt beverages from a brewer or wholesaler upon the furnishing by the brewer or wholesaler of any thing of value, other than the products purchased, to the licensee or to any person for the use, benefit, or relief of the licensee.

SB55-ASA1, s. 2812s Section 2812s. 125.35 of the statutes is created to read:

SB55-ASA1,938,25 125.35 Fermented malt beverage dealerships. (1) Definitions. In this section, unless otherwise qualified:

SB55-ASA1,939,1 (a) "Dealer" has the meaning given in s. 135.02 (2).

SB55-ASA1,939,2 (b) "Dealership" has the meaning given in s. 135.02 (3).

SB55-ASA1,939,3 (c) "Grantor" has the meaning given in s. 135.02 (5).

SB55-ASA1,939,4 (d) "Person" has the meaning given in s. 135.02 (6).

SB55-ASA1,939,10 (2) Compensation of prior dealer. Notwithstanding s. 135.03, and except as provided in sub. (3), any person who assumes, in whole or in part, a dealership described in s. 135.02 (3) (c) following the grantor's termination, cancellation, or nonrenewal in whole or in part of a prior dealership agreement shall compensate the prior dealer for the fair market value of that portion of the dealership assumed unless the grantor terminated, canceled, or failed to renew for any of the following reasons:

SB55-ASA1,939,13 (a) The prior dealer engaged in material fraudulent conduct or made material and substantial misrepresentations in its dealings with the grantor or with others related to the dealership.

SB55-ASA1,939,15 (b) The prior dealer was convicted of, or pleaded no contest to, a felony crime substantially related to the dealer's ability to operate the dealership.

SB55-ASA1,939,17 (c) The prior dealer knowingly distributed dealership products outside the territory authorized by the grantor.

SB55-ASA1,939,22 (3) Termination by prior dealer. A prior dealer is not entitled to compensation under sub. (2) if, before any termination, cancellation, or nonrenewal by the grantor or assumption by another dealer of any dealership specified in sub. (2), the prior dealer terminated business relations with the grantor by means of any of the following:

SB55-ASA1,939,23 (a) Death, retirement, or dissolution of the prior dealer.

SB55-ASA1,939,25 (b) Failure of the prior dealer to engage in the operation of the dealership business, including sale of the dealership business.

SB55-ASA1,940,2 (c) Failure of the prior dealer to order goods from the grantor within the previous 30 days.

SB55-ASA1,940,16 (4) Binding arbitration. The grantor shall advise the person assuming the dealership of the person's obligations under sub. (2) prior to the person's assumption of the dealership. If the person assuming a dealership under sub. (2) and the prior dealer agree in writing to the fair market value of that portion of the dealership assumed, the person assuming the dealership shall pay the agreed upon sum to the prior dealer within 30 days of the date on which the parties reached the agreement. If no written agreement for compensation of the prior dealer is reached within 30 days after the grantor's termination, cancellation, or nonrenewal of the prior dealership agreement, the prior dealer may submit the dispute for binding arbitration, subject to ch. 788, through a nationally recognized arbitration association. Unless the parties agree otherwise, the arbitration shall be conducted on an expedited basis to the extent an expedited proceeding is reasonably available through the arbitration association, and each party shall pay an equal share of the cost of the arbitration.

SB55-ASA1, s. 2814g Section 2814g. 134.66 (3) (title) of the statutes is repealed and recreated to read:

SB55-ASA1,940,19 134.66 (3) (title) Defenses.

SB55-ASA1, s. 2814i Section 2814i. 134.66 (3) (intro.) of the statutes is renumbered 134.66 (3) (a) (intro.).

SB55-ASA1, s. 2814L Section 2814L. 134.66 (3) (br) of the statutes is created to read:

SB55-ASA1,941,4 134.66 (3) (br) Proof by a retailer that the act for which the retailer is being prosecuted under sub. (2) (a) was committed by his or her agent or employee and that the retailer provided training on the prohibitions under sub. (2) (a) to that agent or employee is a defense to any prosecution for a violation of sub. (2) (a). The defense is not available to a retailer who knowingly permits his or her agent or employee to sell or provide for nominal or no consideration cigarettes or tobacco products to individuals under the age of 18.

SB55-ASA1, s. 1407 Section 1407. 135.02 (3) (c) of the statutes is created to read:

SB55-ASA1,941,10 135.02 (3) (c) 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 fermented malt beverages or use a trade name, trademark, service mark, logotype, brand, advertising, or other commercial symbol related to fermented malt beverages.

SB55-ASA1, s. 2830g Section 2830g. 137.01 (1) (a) of the statutes is amended to read:

SB55-ASA1,941,14 137.01 (1) (a) The governor shall appoint notaries public who shall be Wisconsin United States residents and at least 18 years of age. Applicants who are not attorneys shall file an application with the secretary of state and pay a $20 fee.

SB55-ASA1, s. 2830j Section 2830j. 137.01 (1) (d) of the statutes is amended to read:

SB55-ASA1,941,19 137.01 (1) (d) Qualified applicants shall be notified by the secretary of state to take and file the official oath and execute and file an official bond in the sum of $500, with a surety to be approved by the clerk of the circuit court for his or her county, or, if executed by a surety company, and approved by the secretary of state.

SB55-ASA1, s. 2830m Section 2830m. 137.01 (2) (a) of the statutes is amended to read:

SB55-ASA1,942,2 137.01 (2) (a) Any Wisconsin Except as provided in par. (am), any United States resident who is licensed to practice law in this state is entitled to a permanent commission as a notary public upon application to the secretary of state and payment of a $50 fee. The application shall include a certificate of good standing from the supreme court, the signature and post-office address of the applicant and an impression of the applicant's official seal, or imprint of the applicant's official rubber stamp.

SB55-ASA1, s. 2830p Section 2830p. 137.01 (2) (am) of the statutes is created to read:

SB55-ASA1,942,10 137.01 (2) (am) If a United States resident has his or her license to practice law in this state suspended or revoked, upon reinstatement of his or her license to practice law in this state, the person may be entitled to receive a certificate of appointment as a notary public for a term of 4 years. An eligible notary appointed under this paragraph is entitled to reappointment for 4-year increments. At least 30 days before the expiration of a commission under this paragraph the secretary of state shall mail notice of the expiration date to the holder of the commission.

SB55-ASA1, s. 2830r Section 2830r. 137.01 (2) (b) of the statutes is amended to read:

SB55-ASA1,942,15 137.01 (2) (b) The secretary of state shall issue a certificate of appointment as a notary public to persons who qualify under the requirements of this subsection. Such The certificate shall state that the notary commission is permanent or is for 4 years.

SB55-ASA1, s. 2833g Section 2833g. 137.01 (6) (b) of the statutes is repealed.

SB55-ASA1, s. 2833j Section 2833j. 137.01 (6m) of the statutes is amended to read:

SB55-ASA1,942,21 137.01 (6m) Change of residence. A notary public shall does not vacate his or her office by reason of his or her change of residence within the state United States. Written notice of any change of address shall be given to the secretary of state within 5 10 days of such the change.

SB55-ASA1, s. 2833m Section 2833m. 137.01 (7) of the statutes is amended to read:

SB55-ASA1,943,9 137.01 (7) Official records to be filed. When any notary public ceases to hold office the notary public, or in case of the notary public's death the notary public's executor or administrator, shall deposit the notary public's official records and papers in the office of the clerk of the circuit court of the county of the notary public's residence secretary of state. If any such notary or any executor or administrator, after such records and papers come to his or her hands, neglects for 3 months to deposit them, he or she shall forfeit not less than $50 nor more than $500. If any person knowingly destroys, defaces or conceals any records or papers of any notary public, the person shall forfeit not less than $50 nor more than $500, and shall be liable to the party injured for all damages thereby sustained. The clerks of the circuit courts secretary of state shall receive and safely keep all such papers and records in their office.

SB55-ASA1, s. 1408 Section 1408. 139.30 (7) of the statutes is amended to read:

SB55-ASA1,943,13 139.30 (7) "Manufacturer" means any person who manufactures cigarettes for the purpose of sale, including the authorized agent of a person who manufactures cigarettes for the purpose of sale.

SB55-ASA1, s. 2842m Section 2842m. 139.31 (1) (a) of the statutes is amended to read:

SB55-ASA1,943,16 139.31 (1) (a) On cigarettes weighing not more than 3 pounds per thousand, 29.5 34 mills on each cigarette.

SB55-ASA1, s. 2842n Section 2842n. 139.31 (1) (b) of the statutes is amended to read:

SB55-ASA1,943,19 139.31 (1) (b) On cigarettes weighing more than 3 pounds per thousand, 59 68 mills on each cigarette.

SB55-ASA1, s. 1409 Section 1409. 139.31 (4) of the statutes is created to read:

SB55-ASA1,943,24 139.31 (4) No person may sell or distribute in this state, acquire, store, possess, or transport for sale or distribution in this state, import or cause to be imported into this state for sale or distribution in this state, or affix stamps as described under s. 139.32 to, any of the following:

SB55-ASA1,944,4 (a) A cigarette package on which a statement, label, stamp, sticker, or notice indicates that the manufacturer did not intend the cigarettes in the package to be sold, distributed, or used in the United States, including labels stating "for export only," "U.S. tax exempt," "for use outside U.S.," or similar wording.

SB55-ASA1,944,6 (b) A cigarette package that does not comply with 15 USC 1333 and 15 USC 1335 or other federal law.

SB55-ASA1,944,7 (c) A cigarette package that has been altered as described in sub. (5).

SB55-ASA1,944,9 (d) Any cigarettes that are imported into the United States in violation of federal law.

SB55-ASA1, s. 1410 Section 1410. 139.31 (5) of the statutes is created to read: