SB40: Bill Text

SB40,1305,13 134.65 (1r) (a) Subject to ss. 111.321, 111.322, and 111.335, no license under sub. (1) may be issued to any person to whom any of the following applies:

SB40,1305,14 1. The person has an arrest record or a conviction record.

SB40,1305,16 2. The person has been convicted of a felony, or as a repeat or habitual offender, unless pardoned.

SB40,1305,17 3. The person has not submitted proof as provided under s. 77.61 (11).

SB40,1305,18 4. The person is not 18 years of age or older.

SB40,1305,24 (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.

SB40, s. 2764 Section 2764. 134.65 (2) (a) of the statutes is amended to read:

SB40,1306,6 134.65 (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.

SB40, s. 2765 Section 2765. 134.65 (5) of the statutes is renumbered 134.65 (5) (a) and amended to read:

SB40,1306,21 134.65 (5) (a) Any Except as provided in par. (b), any person violating this section shall be fined not more than $100 $1,000 nor less than $25 $500 for the first offense and shall be fined not more than $200 $5,000 nor less than $25 $1,000 or imprisoned for not more than 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.

SB40, s. 2766 Section 2766. 134.65 (5) (b) of the statutes is created to read:

SB40,1306,24 134.65 (5) (b) No penalty shall be imposed under par. (a) if any of the following apply:

SB40,1307,3 1. The secretary of revenue determines that imposing a penalty would be inequitable because of inadvertent acts, mistakes, or unusual circumstances related to the violation.

SB40,1307,5 2. The person who is subject to a penalty under par. (a) had good cause to violate this section, and such violation did not result from the person's neglect.

SB40, s. 2767 Section 2767. 134.66 (2) (d) of the statutes is created to read:

SB40,1307,11 134.66 (2) (d) 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 provide cigarettes or tobacco products for nominal or no consideration to any person under the age of 18.

SB40, s. 2768 Section 2768. 134.66 (3m) of the statutes is created to read:

SB40,1307,15 134.66 (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):

SB40,1307,17 (a) That the direct marketer used a mechanism, approved by the department of revenue, for verifying the age of the purchaser.

SB40,1307,19 (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.

SB40,1307,21 (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).

SB40,1307,24 (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.

SB40, s. 2769 Section 2769. 138.09 (1m) (b) 2. b. of the statutes is amended to read:

SB40,1308,3 138.09 (1m) (b) 2. b. The division may disclose information under subd. 1. a. to the department of workforce development children and families in accordance with a memorandum of understanding under s. 49.857.

SB40, s. 2770 Section 2770. 138.09 (1m) (c) 1. of the statutes is amended to read:

SB40,1308,10 138.09 (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 children and families.

SB40, s. 2771 Section 2771. 138.09 (3) (am) 3. of the statutes is amended to read:

SB40,1308,15 138.09 (3) (am) 3. The applicant fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings.

SB40, s. 2772 Section 2772. 138.09 (4) (b) of the statutes is amended to read:

SB40,1309,3 138.09 (4) (b) The division shall restrict or suspend a license under this section if, in the case of a licensee who is an individual, the licensee fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. A licensee whose license is restricted or suspended under this paragraph is entitled to a notice and hearing only as provided in a memorandum of understanding entered into under s. 49.857 and is not entitled to a hearing under par. (a).

SB40, s. 2773 Section 2773. 138.12 (3) (d) 2. b. of the statutes is amended to read:

SB40,1309,7 138.12 (3) (d) 2. b. The division may disclose information under subd. 1. a. to the department of workforce development children and families in accordance with a memorandum of understanding under s. 49.857.

SB40, s. 2774 Section 2774. 138.12 (3) (e) 1. of the statutes is amended to read:

SB40,1309,14 138.12 (3) (e) 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 under this section, 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 children and families.

SB40, s. 2775 Section 2775. 138.12 (4) (b) 6. of the statutes is amended to read:

SB40,1309,23 138.12 (4) (b) 6. If an individual, has not failed to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings and is not delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

SB40, s. 2776 Section 2776. 138.12 (5) (am) 1. c. of the statutes is amended to read:

SB40,1310,10 138.12 (5) (am) 1. c. In the case of a licensee who is an individual, the applicant fails to comply, after appropriate notice, with a subpoena or warrant that is issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and that is related to paternity or child support proceedings or the applicant is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose renewal application is denied under this subd. 1. c. is entitled to a notice and hearing under s. 49.857 but is not entitled to a hearing under par. (b).

SB40, s. 2777 Section 2777. 138.12 (5) (am) 2. of the statutes is amended to read:

SB40,1310,23 138.12 (5) (am) 2. The division shall restrict or suspend the license of any insurance premium finance company if the division finds that, in the case of a licensee who is an individual, the licensee fails to comply, after appropriate notice, with a subpoena or warrant that is issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and that is related to paternity or child support proceedings or the licensee is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. A licensee whose license is restricted or suspended under this subdivision is entitled to a notice and hearing under s. 49.857 but is not entitled to a hearing under par. (b).

SB40, s. 2778 Section 2778. 139.30 (4n) of the statutes is repealed and recreated to read:

SB40,1310,25 139.30 (4n) "Identification card" has the meaning given in s. 134.66 (1) (c).

SB40, s. 2779 Section 2779. 139.30 (7) of the statutes is amended to read:

SB40,1311,4 139.30 (7) "Manufacturer" means any person who directly manufactures cigarettes for the purpose of sale, including the authorized agent of a person who directly manufactures cigarettes for the purpose of sale.

SB40, s. 2780 Section 2780. 139.30 (8s) of the statutes is created to read:

SB40,1311,8 139.30 (8s) "Person" means any individual, sole proprietorship, partnership, limited liability company, corporation, or association, or any owner of a single-owner entity that is disregarded as a separate entity under ch. 71.

SB40, s. 2781 Section 2781. 139.31 (1) (a) of the statutes is amended to read:

SB40,1311,11 139.31 (1) (a) On cigarettes weighing not more than 3 pounds per thousand, 38.5 101 mills on each cigarette.

SB40, s. 2782 Section 2782. 139.31 (1) (b) of the statutes is amended to read:

SB40,1311,14 139.31 (1) (b) On cigarettes weighing more than 3 pounds per thousand, 77 202 mills on each cigarette.

SB40, s. 2783 Section 2783. 139.315 (1) of the statutes is amended to read:

SB40,1311,25 139.315 (1) Inventory tax imposed. On the effective date of any increase in the sum of the rates under s. 139.31 (1) (a) and (c) or in the sum of the rates under s. 139.31 (1) (b) and (d), an inventory tax is imposed upon cigarettes held in inventory for sale or resale on which the cigarette tax has been paid at the prior rate and upon unaffixed stamps in the possession of distributors. Any person who is in possession of any such cigarettes or unaffixed stamps shall pay the tax imposed under this section. Any person liable for this tax shall determine the number of cigarettes and unaffixed stamps in the person's possession on the effective date of the increase, and by the 15th 30th day after the effective date of the increase the person shall file a return and shall by that date pay the tax due.

SB40, s. 2784 Section 2784. 139.32 (4) of the statutes is amended to read:

SB40,1312,4 139.32 (4) In lieu of stamps the secretary may authorize impressions applied by the use of meter machines. The secretary shall prescribe by rule the type of impression and the kind of machines which may be used.

SB40, s. 2785 Section 2785. 139.32 (5) of the statutes is amended to read:

SB40,1312,8 139.32 (5) Manufacturers, bonded direct marketers, and distributors who are authorized by the department to purchase tax stamps shall receive a discount of 1.6% 0.7 percent of the tax paid on stamp purchases.

SB40, s. 2786 Section 2786. 139.321 (1) (intro.) of the statutes is amended to read:

SB40,1312,12 139.321 (1) (intro.) It is unlawful for any person to purchase or possess cigarettes unless the required stamps are properly affixed as provided in ss. 139.32 (1) and 139.33 (4).

SB40, s. 2787 Section 2787. 139.321 (1) (a) 1. of the statutes is amended to read:

SB40,1312,15 139.321 (1) (a) 1. Manufacturers, bonded direct marketers, distributors or warehouse operators possessing valid permits issued by the secretary.

SB40, s. 2788 Section 2788. 139.34 (1) (a) of the statutes is amended to read:

SB40,1312,22 139.34 (1) (a) No person may manufacture cigarettes in this state or sell cigarettes in this state as a distributor, manufacturer, jobber, vending machine operator, direct marketer, or multiple retailer and no person may operate a warehouse in this state for the storage of cigarettes for another person without first filing an application for and obtaining the proper permit to perform such operations from the department.

SB40, s. 2789 Section 2789. 139.34 (1) (b) of the statutes is repealed.

SB40, s. 2790 Section 2790. 139.34 (1) (c) 1. of the statutes is repealed.

SB40, s. 2791 Section 2791. 139.34 (1) (c) 1m. of the statutes is created to read:

SB40,1313,1 139.34 (1) (c) 1m. The person has an arrest record or a conviction record.

SB40, s. 2792 Section 2792. 139.34 (1) (c) 2. of the statutes is amended to read:

SB40,1313,4 139.34 (1) (c) 2. The person has been convicted of a felony, or as a repeat or habitual offender, unless pardoned.

SB40, s. 2793 Section 2793. 139.34 (1) (c) 3. of the statutes is repealed.

SB40, s. 2794 Section 2794. 139.34 (1) (c) 4. of the statutes is repealed.

SB40, s. 2795 Section 2795. 139.34 (1) (c) 4m. of the statutes is created to read:

SB40,1313,8 139.34 (1) (c) 4m. The person is not 18 years of age or older.

SB40, s. 2796 Section 2796. 139.34 (1) (c) 5. of the statutes is repealed.

SB40, s. 2797 Section 2797. 139.34 (1) (c) 6. of the statutes is repealed.

SB40, s. 2798 Section 2798. 139.34 (1) (c) 7. of the statutes is renumbered 139.34 (1) (c) 5m.

SB40, s. 2799 Section 2799. 139.34 (1) (cm) of the statutes is created to read:

SB40,1313,15 139.34 (1) (cm) The requirements under par. (c) 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.

SB40, s. 2800 Section 2800. 139.34 (4) of the statutes is amended to read:

SB40,1313,22 139.34 (4) A separate permit shall be required of and issued to each class of permittee and the holder of any permit shall perform only the operations thereby authorized. Such permit shall not be transferable from one person to another or from one premises to another. A separate permit shall be required for each place where cigarettes are stamped or where cigarettes are stored for sale at wholesale or, through vending machines or multiple retail outlets, or by direct marketing.

SB40, s. 2801 Section 2801. 139.34 (6) of the statutes is amended to read:

SB40,1314,2 139.34 (6) A vending machine operator or a multiple retailer may acquire unstamped cigarettes from the manufacturers thereof and affix the stamps to packages or other containers only if the vending machine operator or multiple retailer also holds a permit as a distributor or bonded direct marketer.

SB40, s. 2802 Section 2802. 139.34 (8) of the statutes is amended to read:

SB40,1314,9 139.34 (8) The holder of a warehouse permit is entitled to store cigarettes on the premises described in the permit. The warehouse permit shall not authorize the holder to sell cigarettes. Unstamped cigarettes stored in a warehouse for a manufacturer, bonded direct marketer, or distributor may be delivered only to a person holding a permit as a manufacturer or, distributor, or bonded direct marketer who is authorized by the department to purchase and affix tax stamps.

SB40, s. 2803 Section 2803. 139.345 (1) (a) of the statutes is amended to read:

SB40,1314,17 139.345 (1) (a) No person may sell cigarettes to consumers in this state as a direct marketer or solicit sales of cigarettes to consumers in this state by direct marketing unless the person submits to has obtained a permit from the department the person's name, trade name, address of the person's principal place of business, phone number, e-mail address, and Web site address to make such sales or solicitations. The person shall file an application for a permit under this subsection with the department, in the manner prescribed by the department.

SB40, s. 2804 Section 2804. 139.345 (1) (b) of the statutes is amended to read:

SB40,1315,4 139.345 (1) (b) No person may sell cigarettes as described under this section The department may not issue a permit to a person under par. (a) unless the person certifies to the department, in the manner prescribed by the department, that the person shall acquire stamped cigarettes from a licensed distributor or unstamped cigarettes from the manufacturer thereof, pay the tax imposed under this subchapter on all unstamped cigarettes and affix stamps to the cigarette packages or containers as provided under s. 139.32 (1), store such packages or containers, and sell only such packages or containers to consumers in this state by direct marketing; or acquire cigarettes from a distributor, to the packages or containers of which stamps have been affixed as provided under s. 139.32 (1), and sell only such packages or containers to consumers in this state by direct marketing.

SB40, s. 2805 Section 2805. 139.345 (1) (d) of the statutes is amended to read:

SB40,1315,13 139.345 (1) (d) No person may sell cigarettes as described in this section The department may not issue a permit to a person under par. (a) unless the person certifies to the department, in the manner prescribed by the department, that the person shall register with credit card and debit card companies; that the invoices and all means of solicitation for all shipments of cigarette sales from the person shall bear the person's name and address and the permit number of the permit ultimately issued under this subsection; and that the person shall provide the department any information the department considers necessary to administer this section.