AB100: Bill Text

AB100, s. 1914 Section 1914. 121.905 (3) (b) 1. of the statutes is amended to read:

AB100,917,17 121.905 (3) (b) 1. Except as provided under subd. 2. and s. 121.91 (8), divide the result in par. (a) 1. by the sum of the average of the number of pupils enrolled in the 3 previous school years and the number of pupils enrolled who were school district residents and solely enrolled in a special education program provided by a county children with disabilities education board program in the previous school year.

AB100, s. 1915 Section 1915. 121.91 (2m) (e) (intro.) of the statutes is amended to read:

AB100,917,21 121.91 (2m) (e) (intro.) Except as provided in subs. (3) and, (4), and (8), no school district may increase its revenues for the 1999-2000 school year or for any school year thereafter to an amount that exceeds the amount calculated as follows:

AB100, s. 1916 Section 1916. 121.91 (4) (d) of the statutes is amended to read:

AB100,918,3 121.91 (4) (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 limit otherwise applicable to the school district's revenue in the current school year under sub. (2m) is increased by an amount equal to 75% of 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).

AB100, s. 1917 Section 1917. 121.91 (4) (dg) of the statutes is repealed.

AB100, s. 1918 Section 1918. 121.91 (4) (dr) of the statutes is repealed.

AB100, s. 1919 Section 1919. 121.91 (4) (f) 1. of the statutes is amended to read:

AB100,918,12 121.91 (4) (f) 1. For Except as provided in sub. (8), for the 1999-2000 school year or any school year thereafter, if the average of the number of pupils enrolled in the current and the 2 preceding school years is less than the average of the number of pupils enrolled in the 3 previous school years, the limit otherwise applicable under sub. (2m) (e) is increased by the additional amount that would have been calculated had the decline in average enrollment been 25% of what it was.

AB100, s. 1920 Section 1920. 121.91 (8) of the statutes is created to read:

AB100,918,20 121.91 (8) Beginning with the calculation of a school district's revenue limit for the 2006-07 school year, a school district's base revenue per member under s. 121.905 (3) (b) 1., a school district's revenue limit under sub. (2m), and the adjustment for declining enrollment under sub. (4) (f) shall be calculated as provided in those sections and with a 5-year rolling average of enrollment instead of a 3-year rolling average of enrollment. The result that provides a school district with the higher revenue limit is the one in effect.

AB100, s. 1921 Section 1921. 125.12 (6) of the statutes is created to read:

AB100,919,5 125.12 (6) Revocation or suspension of intoxicating liquor wholesalers' permits for certain violations. (a) Any person may file a sworn written complaint with the department alleging that an intoxicating liquor wholesaler has violated s. 125.54 (7) (a). The complaint shall identify the specific legal basis for the complaint and sufficient facts for the department to determine whether there is cause to find that a violation has occurred. The department shall provide a copy of the complaint to any wholesaler against whom allegations are made, along with notice of the time period under par. (b) to show cause why the wholesaler's permit should not be revoked or suspended.

AB100,919,7 (b) Within 30 days of receiving a copy of the complaint under par. (a), any wholesaler against whom allegations are made may file a sworn written response.

AB100,919,14 (c) Subject to par. (d), within 60 days of receiving any response under par. (b) or, if no response is made, within 60 days of the date on which a response is due under par. (b), the department shall make a written decision as to whether a violation has occurred and either dismiss the complaint or take action under par. (e). Any decision under this paragraph shall include findings of fact and conclusions of law and shall state all reasons for the decision. The department shall provide a copy of the decision to the complainant and to any wholesaler against whom allegations are made.

AB100,919,19 (d) Within 60 days of receiving any response under par. (b) or, if no response is made, within 60 days of the date on which a response is due under par. (b), the department may extend the time period for making a decision under par. (c) by an additional 60 days if the department provides notice within the time period specified in par. (c) that an additional 60 days is necessary for investigation.

AB100,919,23 (e) If the department finds the allegations true and sufficient, the department shall either suspend for not less than 10 days nor more than 90 days or revoke the wholesaler's permit, and give notice of the suspension or revocation to the wholesaler.

AB100,919,25 (f) A revocation or suspension under this subsection is a contested case under ch. 227.

AB100, s. 1922 Section 1922. 125.145 of the statutes is amended to read:

AB100,920,6 125.145 Prosecutions by attorney general or department. 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. The department may represent this state in prosecuting any violation of s. 125.54 (7) (a) or (b) and shall bring any such action in the circuit court for Dane County.

AB100, s. 1923 Section 1923. 125.15 of the statutes is created to read:

AB100,920,15 125.15 Actions against intoxicating liquor wholesalers. If any intoxicating liquor wholesaler, intoxicating liquor retail licensee or permittee, or intoxicating liquor trade association makes a written complaint to the department under s. 125.12 (6) of a violation of s. 125.54 (7) (a), and the department has not rendered a decision within the time periods specified in s. 125.12 (6) (c) and (d), the complaining party may bring an action to enforce the provisions of s. 125.54 (7) and shall be entitled to recover reasonable attorney fees if found to be the prevailing party.

AB100, s. 1924 Section 1924. 125.54 (7) of the statutes is created to read:

AB100,920,21 125.54 (7) Bona fide wholesalers. (a) 1. The premises described in a permit issued under this section shall be capable of warehousing intoxicating liquor. Any intoxicating liquor sold by the permittee shall be physically unloaded at the premises described in the permit prior to being delivered to a retail licensee or permittee or to another wholesaler.

AB100,921,3 2. A permittee under this section shall annually sell and deliver intoxicating liquor to at least 10 retail licensees or permittees that do not have any direct or indirect interest in each other or in the permittee under this section. The department shall not issue a permit under this section unless the applicant represents to the department an intention to satisfy this requirement, and shall not renew a permit issued under this section unless the permittee demonstrates that this requirement has been satisfied.

AB100,921,6 (b) No intoxicating liquor retail licensee or permittee may receive a benefit from a violation under par. (a) with knowledge of the circumstances giving rise to the violation.

AB100,921,12 (c) 1. In addition to imposing any penalty provided under s. 125.11, a court may order a wholesaler who violates this subsection to forfeit an amount equal to any profit gained by the wholesaler or by a retail licensee or permittee that violates par. (b), or by both, resulting from the violation, and the court may further order that the wholesaler's permit be revoked except that, if the wholesaler violates par. (a) 2., the permit shall be revoked.

AB100,921,17 2. In addition to imposing any penalty provided under s. 125.11, a court may order a retail licensee or permittee who violates this subsection to forfeit an amount equal to any profit gained by the retail licensee or permittee resulting from the violation, and the court may further order that the retail license or permit be revoked.

AB100,921,20 3. This paragraph shall not affect the authority of any municipality or the department to revoke, suspend, or refuse to renew or issue a license or permit under s. 125.12.

AB100,922,4 (d) The department shall promulgate rules to administer and enforce the requirements under this subsection. The rules shall ensure coordination between the department's issuance and renewal of permits under this section and its enforcement of the requirements of this subsection, and shall require that all applications for issuance or renewal of permits under this section be processed by department personnel generally familiar with activities of intoxicating liquor wholesalers. The department shall establish by rule minimum requirements for warehouse facilities on premises described in permits issued under this section and for periodic site inspections by the department of such warehouse facilities.

AB100, s. 1925 Section 1925. 134.65 (1) of the statutes is amended to read:

AB100,922,13 134.65 (1) No person, except a person who holds a valid permit under s. 139.345 or 139.795 and who sells cigarettes or tobacco products solely as a direct marketer, 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 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.

AB100, s. 1926 Section 1926. 134.65 (1n) of the statutes is created to read:

AB100,922,17 134.65 (1n) (a) The department of revenue shall prepare an application form for licenses issued under this section. In addition to the information required under sub. (1m), the form shall require all of the following information:

AB100,922,19 1. The applicant's history relevant to the applicant's fitness to hold a license under this section.

AB100,922,20 2. The kind of license for which the applicant is applying.

AB100,922,21 3. The premises where cigarettes or tobacco products will be sold or stored.

AB100,922,23 4. If the applicant is a corporation, the identity of the corporate officers and agent.

AB100,922,25 5. If the applicant is a limited liability company, the identity of the company members or managers and agent.

AB100,923,1 6. The applicant's trade name, if any.

AB100,923,2 7. Any other information required by the department.

AB100,923,4 (b) The department of revenue shall provide 1 copy of each application prepared under this subsection to each city, village, and town.

AB100,923,6 (c) Each applicant for a license under this section shall use the application form prepared under this subsection.

AB100,923,9 (d) 1. Each application for a license under this section shall be sworn to by the applicant and the applicant shall submit the application with the clerk of the city, village, or town where the intended place of sale is located.

AB100,923,12 2. Within 10 days of any change in any fact set forth in an application, the applicant or license holder shall file a written description of the change with the clerk of the city, village, or town where the application was submitted.

AB100,923,16 3. Any person may inspect applications submitted under this paragraph. The clerk of each city, village, or town where such applications are submitted shall retain all applications submitted under this paragraph, but may destroy all applications that have been retained for 5 years or longer.

AB100, s. 1927 Section 1927. 134.65 (1r) of the statutes is created to read:

AB100,923,19 134.65 (1r) (a) No license under sub. (1) may be issued to any person to whom any of the following applies:

AB100,923,21 1. Subject to ss. 111.321, 111.322, and 111.335, the person has an arrest record or a conviction record.

AB100,923,23 2. Subject to ss. 111.321, 111.322, and 111.335, the person has been convicted of a felony, or as a repeat or habitual offender, unless pardoned.

AB100,923,24 3. The person has not submitted proof as provided under s. 77.61 (11).

AB100,924,6 (b) The requirements under par. (a) apply to all partners of a partnership, all members of 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. (1) unless the entity has terminated its relationship with the individuals whose actions directly contributed to the conviction.

AB100, s. 1928 Section 1928. 134.65 (2) (a) of the statutes is amended to read:

AB100,924,13 134.65 (2) (a) Except Subject to sub. (1r), and except as provided in par. (b), upon filing of a proper written application a license shall be issued on July 1 of each year or when applied for and continue in force until the following June 30 unless sooner revoked. The city, village or town may charge a fee for the license of not less than $5 nor more than $100 per year which shall be paid to the city, village or town treasurer before the license is issued.

AB100, s. 1929 Section 1929. 134.65 (5) of the statutes is amended to read:

AB100,925,2 134.65 (5) Any person violating this section shall be fined not more than $100 $1,000 nor less than $25 $500 for the first offense and not more than $200 $5,000 nor less than $25 $1,000 or imprisoned not exceeding 180 days or both for the 2nd or subsequent offense. If upon such 2nd or subsequent violation, the person so violating this section was personally guilty of a failure to exercise due care to prevent violation thereof, the person shall be fined not more than $300 nor less than $25 or imprisoned not exceeding 60 days or both. Conviction Upon conviction of a 2nd or subsequent offense, the court shall immediately terminate the license of the person convicted of being personally guilty of such failure to exercise due care and the person shall not be entitled to another license hereunder for a period of 5 years thereafter, nor shall the person in that period act as the servant or agent of a person licensed hereunder for the performance of the acts authorized by such license.

AB100, s. 1930 Section 1930. 134.66 (1) (a) of the statutes is amended to read:

AB100,925,4 134.66 (1) (a) "Cigarette" has the meaning given in s. 139.30 (1) (1m).

AB100, s. 1931 Section 1931. 134.66 (1) (am) of the statutes is created to read:

AB100,925,6 134.66 (1) (am) "Direct marketer" has the meaning given in s. 139.30 (2n).

AB100, s. 1932 Section 1932. 134.66 (2) (a) of the statutes is amended to read:

AB100,925,16 134.66 (2) (a) No retailer, direct marketer, manufacturer, distributor, jobber or subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee 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. 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.

AB100, s. 1933 Section 1933. 134.66 (2) (am) of the statutes is amended to read:

AB100,925,25 134.66 (2) (am) No retailer, direct marketer, manufacturer, distributor, jobber, subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may provide for nominal or no consideration cigarettes or tobacco products to any person except in a place where no person younger than 18 years of age is present or permitted to enter unless the person who is younger than 18 years of age is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years.

AB100, s. 1934 Section 1934. 134.66 (2) (d) of the statutes is amended to read:

AB100,926,4 134.66 (2) (d) No manufacturer, direct marketer, distributor, jobber, subjobber or retailer, or their employees or agents, may provide cigarettes or tobacco products for nominal or no consideration to any person under the age of 18.

AB100, s. 1935 Section 1935. 134.66 (2) (e) of the statutes is amended to read:

AB100,926,7 134.66 (2) (e) No retailer or direct marketer may sell cigarettes in a form other than as a package or container on which a stamp is affixed under s. 139.32 (1).

AB100, s. 1936 Section 1936. 134.66 (3m) of the statutes is created to read:

AB100,926,11 134.66 (3m) Defense of direct marketer. Proof of all of the following facts by a direct marketer who sells cigarettes or tobacco products to a person under the age of 18 is a defense to any prosecution for a violation under sub. (2) (a):

AB100,926,13 (a) That the direct marketer used a mechanism, approved by the department of revenue, for verifying the age of the purchaser.

AB100,926,15 (b) That the purchaser falsely represented that he or she had attained the age of 18 and presented a copy or facsimile of an identification card.

AB100,926,17 (c) That the name and birthdate of the purchaser, as indicated by the purchaser, matched the name and birthdate on the identification presented under par. (b).

AB100,926,20 (d) That the sale was made in good faith, in reasonable reliance on the mechanism described in par. (a) and the representation and identification under pars. (b) and (c), and in the belief that the purchaser had attained the age of 18.

AB100, s. 1937 Section 1937. 134.71 (12) of the statutes is amended to read:

AB100,927,3 134.71 (12) Applications and forms. The department of agriculture, trade, and consumer protection rural resources, in consultation with the department of justice, shall develop applications and other forms required under subs. (5) (intro.) and (8) (c). The department of agriculture, trade, and rural resources shall print a sufficient number of applications and forms to provide to counties and municipalities for distribution to pawnbrokers, secondhand article dealers, and secondhand jewelry dealers at no cost.

AB100, s. 1938 Section 1938. 136.03 (title) of the statutes is amended to read:

AB100,927,6 136.03 (title) Duties of the department of agriculture, trade and consumer protection justice.

AB100, s. 1939 Section 1939. 136.03 (1) (intro.) of the statutes is amended to read:

AB100,927,12 136.03 (1) (intro.) The department of agriculture, trade and consumer protection justice shall investigate violations of this chapter and of rules and orders issued under s. 136.04. The department of justice may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12. The department of justice may in on behalf of the state:

AB100, s. 1940 Section 1940. 136.04 of the statutes is amended to read:

AB100,927,17 136.04 Powers of the department of agriculture, trade and consumer protection justice. (1) The department of agriculture, trade and consumer protection justice may adopt such rules as may be required to carry out the purposes of this chapter.

AB100,927,21 (2) The department of agriculture, trade and consumer protection justice after public hearing may issue general or special orders to carry out the purposes of this chapter and to determine and prohibit unfair trade practices in business or unfair methods of competition in business pursuant to s. 100.20 (2) to (4).

AB100, s. 1941 Section 1941. 139.02 (1) of the statutes is amended to read:

AB100,928,2 139.02 (1) Tax imposed; rate; limitation. An occupational excise tax is imposed upon the removal for consumption or sale or selling of fermented malt beverages at the rate of $2 per barrel of 31 gallons and at a proportionate rate for any other quantity or fractional parts thereof. Not more than one occupational excise tax shall be required to be paid on any one container of fermented malt beverages.

AB100, s. 1942 Section 1942. 139.03 (intro.) of the statutes is amended to read:

AB100,928,5 139.03 Liquor tax. (intro.) An occupational excise tax is imposed upon the selling of intoxicating liquor as follows:

AB100, s. 1943 Section 1943. 139.03 (3) of the statutes is amended to read: