SB285-SSA2,17,222
134.65
(1m) (a) (intro.) A city, village, or town clerk may not issue a license
23under sub.
(1) (1d) unless the applicant
specifies in the license application whether
24the applicant will sell, exchange, barter, dispose of, or give away the cigarette or
1tobacco products over the counter or in a vending machine, or both. meets all of the
2following requirements:
SB285-SSA2,32
3Section
32. 134.65 (1m) (a) 1., 2. and 3. of the statutes are created to read:
SB285-SSA2,17,54
134.65
(1m) (a) 1. Subject to ss. 111.321, 111.322, and 111.335, the applicant
5has not habitually been a law offender or been convicted of a felony unless pardoned.
SB285-SSA2,17,66
2. The applicant has submitted the proof required under s. 77.61 (11).
SB285-SSA2,17,77
3. The applicant has attained the age of 21.
SB285-SSA2,33
8Section
33. 134.65 (1m) (b) of the statutes is created to read:
SB285-SSA2,17,159
134.65
(1m) (b) The requirements under par. (a) apply to all partners of a
10partnership, all members of a limited liability company, all agents of a limited
11liability company or corporation, and all officers of a corporation. Subject to ss.
12111.321, 111.322, and 111.335, if a business entity has been convicted of a crime, the
13entity may not be issued a license under sub. (1d) unless the entity has terminated
14its relationship with the individuals whose actions directly contributed to the
15conviction.
SB285-SSA2,34
16Section 34
. 134.65 (1r) of the statutes is amended to read:
SB285-SSA2,17,2217
134.65
(1r) A city, village, or town clerk may not require an applicant's
18signature on an application for a cigarette
, electronic vaping devices, and tobacco
19products retailer license to be notarized. If a city, village, town, or any department
20of this state prepares an application form for a cigarette
, electronic vaping devices, 21and tobacco products retailer license, the form may not require an applicant's
22signature on the form to be notarized.
SB285-SSA2,35
23Section
35. 134.65 (2m) of the statutes is created to read:
SB285-SSA2,18,524
134.65
(2m) Annually, no later than July 15, the clerk of a city, village, or town
25issuing licenses under sub. (1d) shall submit to the department of revenue, in a
1manner prescribed by the department, a list of licenses issued by the city, village, or
2town under sub. (1d) during the previous fiscal year. The list shall include the name,
3address, seller's permit number, and trade name of the licensee and the type of
4license held. The department of revenue shall publish this list annually on the
5department's Internet site.
SB285-SSA2,36
6Section
36. 134.65 (3m) of the statutes is created to read:
SB285-SSA2,18,107
134.65
(3m) A person holding a license under sub. (1d) shall enclose the license
8in a frame that has a transparent front that allows the license to be read clearly. The
9licensee shall conspicuously display the license for public inspection at all times in
10the room or place where the activity subject to licensure is carried out.
SB285-SSA2,37
11Section 37
. 134.65 (4) of the statutes is amended to read:
SB285-SSA2,18,1712
134.65
(4) Every licensed retailer shall keep complete and accurate records of
13all purchases and receipts of cigarettes
, electronic vaping devices, and tobacco
14products. Such records shall be preserved on the licensed premises for 2 years in such
15a manner as to insure permanency and accessibility for inspection and shall be
16subject to inspection at all reasonable hours by authorized state and local law
17enforcement officials.
SB285-SSA2,38
18Section 38
. 134.65 (5m) of the statutes is amended to read:
SB285-SSA2,18,2119
134.65
(5m) Any person who knowingly provides materially false information
20in an application for a cigarette
, electronic vaping devices, and tobacco products
21retailer license under this section may be required to forfeit not more than $1,000.
SB285-SSA2,39
22Section 39
. 134.65 (8) of the statutes is amended to read:
SB285-SSA2,19,323
134.65
(8) The uniform licensing of cigarette
, electronic vaping devices, and
24tobacco products retailers is a matter of statewide concern. A city, village, or town
25may adopt an ordinance regulating the issuance, suspension, revocation, or renewal
1of a license under this section only if the ordinance strictly conforms to this section.
2If a city, village, or town has in effect on May 1, 2016, an ordinance that does not
3strictly conform to this section, the ordinance does not apply and may not be enforced.
SB285-SSA2,40
4Section
40. 134.66 (1) (g) of the statutes is amended to read:
SB285-SSA2,19,55
134.66
(1) (g) “Retailer" means any person licensed under s. 134.65
(1) (1d).
SB285-SSA2,41
6Section
41. 139.11 (4) (a) (intro.) of the statutes is amended to read:
SB285-SSA2,19,127
139.11
(4) (a) (intro.) Sections 71.78 (1),
(1g), (1m), and (4) to (9) and 71.83 (2)
8(a) 3. and 3m., relating to confidentiality of income and franchise tax returns, apply
9to any information obtained from any person on a fermented malt beverage tax
10return, report, schedule, exhibit, or other document or from an audit report relating
11to any of those documents, except that the department of revenue shall publish the
12following:
SB285-SSA2,42
13Section
42. 139.38 (6) of the statutes is amended to read:
SB285-SSA2,19,2114
139.38
(6) Sections 71.78 (1),
(1g), (1m), and (4) to (9) and 71.83 (2) (a) 3. and
153m., relating to confidentiality of income and franchise tax returns, apply to any
16information obtained from any person on a cigarette tax return, report, schedule,
17exhibit, or other document or from an audit report pertaining to the return, report,
18schedule, exhibit, or document, except that the department shall publish on its
19Internet site, at least quarterly, a current list of permits issued to distributors and
20jobbers under s. 139.34 and include on the list the name and address of the permit
21holder and the date on which the department issued the permit.
SB285-SSA2,43
22Section 43
. 139.44 (2) of the statutes is amended to read:
SB285-SSA2,20,223
139.44
(2) Any person who makes or signs any false or fraudulent report
or who
24attempts to evade the tax imposed by s. 139.31 or 139.76, or who aids in or abets the
1evasion or attempted evasion of that tax may be fined not more than $10,000 or
2imprisoned for not more than 9 months or both.
SB285-SSA2,44
3Section 44
. 139.44 (2m) of the statutes is created to read:
SB285-SSA2,20,64
139.44
(2m) Any person who evades or attempts to evade, or who aids or abets
5the evasion or attempted evasion of, a tax imposed under s. 139.31 or 139.76 is guilty
6of the following:
SB285-SSA2,20,77
(a) A Class A misdemeanor if the amount of the tax is no more than $2,500.
SB285-SSA2,20,98
(b) A Class I felony if the amount of the tax is more than $2,500, but no more
9than $5,000.
SB285-SSA2,20,1110
(c) A Class H felony if the amount of the tax is more than $5,000, but no more
11than $10,000.
SB285-SSA2,20,1312
(d) A Class G felony if the amount of the tax is more than $10,000, but no more
13than $100,000.
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(e) A Class F felony if the amount of the tax is more than $100,000.
SB285-SSA2,45
15Section
45. 139.44 (8) (a) of the statutes is amended to read:
SB285-SSA2,20,1816
139.44
(8) (a) If the number of cigarettes does not exceed
6,000, a fine of 200,
17the person may be fined not more than $200 or
imprisonment imprisoned for not
18more than 6 months or both.
SB285-SSA2,46
19Section
46. 139.44 (8) (am) of the statutes is created to read:
SB285-SSA2,20,2220
139.44
(8) (am) If the number of cigarettes exceeds 200 but does not exceed
213,000, the person may be fined not more than $1,000 or imprisoned for not more than
22one year or both.
SB285-SSA2,47
23Section
47. 139.44 (8) (b) and (c) of the statutes are amended to read:
SB285-SSA2,21,3
1139.44
(8) (b) If the number of cigarettes exceeds
6,000 3,000 but does not
2exceed
36,000, a fine of not more than $1,000 or imprisonment for not more than one
3year in the county jail or both 5,000, the person is guilty of a Class I felony.
SB285-SSA2,21,54
(c) If the number of cigarettes exceeds
36,000
5,000 but does not exceed 10,000,
5the person is guilty of a Class
I H felony.
SB285-SSA2,48
6Section
48. 139.44 (8) (d) of the statutes is created to read:
SB285-SSA2,21,87
139.44
(8) (d) If the number of cigarettes exceeds 10,000, the person is guilty
8of a Class F felony.
SB285-SSA2,49
9Section
49. 139.82 (6) of the statutes is amended to read:
SB285-SSA2,21,1710
139.82
(6) Sections 71.78 (1),
(1g), (1m), and (4) to (9) and 71.83 (2) (a) 3. and
113m., relating to confidentiality of income and franchise tax returns, apply to any
12information obtained from any person on a cigarette tax return, report, schedule,
13exhibit, or other document or from an audit report pertaining to the return, report,
14schedule, exhibit, or document, except that the department shall publish on its
15Internet site, at least quarterly, a current list of permits issued to distributors and
16jobbers under s. 139.34 and include on the list the name and address of the permit
17holder and the date on which the department issued the permit.
SB285-SSA2,50
18Section
50. 230.36 (1m) (b) 2. (intro.) of the statutes is amended to read:
SB285-SSA2,21,2519
230.36
(1m) (b) 2. (intro.) A conservation warden, conservation patrol boat
20captain, conservation patrol boat engineer, member of the state patrol, state motor
21vehicle inspector, University of Wisconsin System police officer, security officer, or
22security person, other state facilities police officer, special
tax agent
, excise tax
23investigator employed by the department of revenue
and authorized to act under s.
2473.031, and special criminal investigation agent employed by the department of
25justice at all times while:
SB285-SSA2,51
1Section
51. 230.36 (2m) (a) 9. of the statutes is amended to read:
SB285-SSA2,22,32
230.36
(2m) (a) 9. A
excise tax investigator special agent employed by the
3department of revenue
who is authorized to act under s. 73.031.
SB285-SSA2,52
4Section
52. 565.01 (6c) of the statutes is created to read:
SB285-SSA2,22,65
565.01
(6c) “Special agent” means any employee of the department authorized
6to act under s. 73.031.
SB285-SSA2,53
7Section
53. 565.02 (8) (e) of the statutes is renumbered 565.02 (9) (a).
SB285-SSA2,54
8Section
54. 565.02 (8) (f) of the statutes is renumbered 565.02 (9) (b) and
9amended to read:
SB285-SSA2,22,1310
565.02
(9) (b)
If the division of criminal investigation in the department of
11justice chooses not to investigate a report under par. (e), coordinate Coordinate an
12investigation of
the suspected
gaming-related criminal activity with local law
13enforcement officials and district attorneys.
SB285-SSA2,55
14Section
55. 565.02 (9) (intro.) of the statutes is created to read:
SB285-SSA2,22,1515
565.02
(9) (intro.) The department may do all of the following:
SB285-SSA2,56
16Section
56. 565.17 (5) (a) of the statutes is amended to read:
SB285-SSA2,22,2017
565.17
(5) (a)
No Except as provided under par. (d), no employee in the lottery
18division of the department or the secretary, deputy secretary, or assistant deputy
19secretary of revenue and no member of such a person's immediate family, as defined
20in s. 19.42 (7), may purchase a lottery ticket or lottery share.
SB285-SSA2,57
21Section
57. 565.17 (5) (d) of the statutes is created to read:
SB285-SSA2,23,222
565.17
(5) (d) An employee in the lottery division of the department may
23purchase a lottery ticket or lottery share if the purchase is on behalf of the lottery
24division of the department and is a part of an official lottery investigation. No person
25may share or assign a lottery ticket or lottery share purchased under this paragraph
1and no person may claim any prize or winnings from a lottery ticket or lottery share
2purchased under this paragraph.
SB285-SSA2,58
3Section
58. 565.40 (title) of the statutes is amended to read:
SB285-SSA2,23,5
4565.40 (title)
Department of justice enforcement Enforcement
5authority.
SB285-SSA2,59
6Section
59. 565.40 (4) of the statutes is created to read:
SB285-SSA2,23,117
565.40
(4) Police powers. The department may enforce violations of this
8chapter, and special agents may exercise their arrest authority under s. 73.031 to
9enforce violations of this chapter. This subsection does not deprive or relieve other
10law enforcement or peace officers of the power and duty to enforce violations of this
11chapter.
SB285-SSA2,60
12Section
60. 565.50 (2) of the statutes is amended to read:
SB285-SSA2,23,1513
565.50
(2) Any person who alters
or
, forges
, counterfeits, or illegally obtains a
14lottery ticket or share or intentionally utters or transfers an altered
or, forged
,
15counterfeit, or illegally obtained lottery ticket or share is guilty of a Class I felony.
SB285-SSA2,61
16Section
61. 565.50 (2m) of the statutes is created to read:
SB285-SSA2,23,1917
565.50
(2m) Any person who claims a lottery prize from a winning lottery ticket
18or share and then transfers the same winning lottery ticket or share to another
19person is guilty of a Class I felony.
SB285-SSA2,62
20Section
62. 565.50 (3) of the statutes is amended to read:
SB285-SSA2,23,2421
565.50
(3) Any person who possesses an altered
or, forged
, counterfeit, or
22illegally obtained lottery ticket or share
, or a winning lottery ticket or share for which
23the prize has been previously claimed, with intent to defraud shall be fined not more
24than $10,000 or imprisoned for not more than 9 months or both.
SB285-SSA2,63
25Section
63. 565.50 (4) of the statutes is created to read:
SB285-SSA2,24,5
1565.50
(4) Any person who transfers a lottery ticket or share to another person,
2presents a transferred lottery ticket or share for payment of a lottery prize, or claims
3a lottery prize from a transferred ticket or share with intent to avoid withholding
4under s. 565.30 (4), (5), (5m), or (5r) shall be fined not more than $10,000 or
5imprisoned for not more than 9 months or both.
SB285-SSA2,64
6Section
64. 946.82 (4) of the statutes is amended to read:
SB285-SSA2,24,217
946.82
(4) “Racketeering activity" means any activity specified in
18 USC 1961 8(1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission
9of any of the felonies specified in: chs. 945 and 961, subch. V of ch. 551, and ss. 49.49,
10134.05, 139.44 (1)
, (2m), and (8), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12,
11221.0625, 221.0636, 221.0637, 221.1004, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19
12(4) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.302 (2), 940.305, 940.31,
13941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d),
14or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10,
15943.20 (3) (bf) to (e), 943.201, 943.203, 943.23 (1g), (2) and (3), 943.24 (2), 943.27,
16943.28, 943.30, 943.32, 943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41
17(8) (b) and (c), 943.50 (4) (bf), (bm), and (c) and (4m), 943.60, 943.70, 943.76, 943.81,
18943.82, 943.83, 943.84, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 944.21 (5) (c)
19and (e), 944.32, 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11,
20946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72,
21946.76, 946.79, 947.015, 948.05, 948.051, 948.08, 948.12, and 948.30.
SB285-SSA2,65
22Section
65.
Effective dates. This act takes effect on the day after publication,
23except as follows:
SB285-SSA2,25,224
(1)
Retail sale of electronic vaping devices. The treatment of ss. 134.65
25(title), (1), (1g), (1r), (2m), (3m), (4), (5m), and (8), and 134.66 (1) (g), the renumbering
1and amendment of s. 134.65 (1m), and the creation of s. 134.65 (1m) (a) 1., 2., and 3.
2and (b) take effect on the 90th day after the day of publication.