AB75: Bill Text

AB75, s. 2315 Section 2315. 121.91 (4) (L) of the statutes is created to read:

AB75,1265,14 121.91 (4) (L) 1. In this paragraph, "local law enforcement agency" means a governmental unit of one or more persons employed full time by a city, town, village, or county in this state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.

AB75,1265,19 2. The limit otherwise applicable to a school district under sub. (2m) in any school year is increased by an amount determined as follows if the school board adopts a resolution to do so, the school board and a local law enforcement agency jointly develop a school safety plan that specifies the purposes of the additional revenue, and the school board submits the school safety plan to the department:

AB75,1265,21 a. For the revenue limit in the 2010-11 school year, $33 times the number of pupils enrolled in the school district or $13,333, whichever is greater.

AB75,1265,23 b. For the revenue limit in the 2011-12 school year, $67 times the number of pupils enrolled in the school district or $26,227, whichever is greater.

AB75,1266,3 c. For the revenue limit in the 2012-13 school year or any subsequent school year, $100 times the number of pupils enrolled in the school district or $40,000, whichever is greater.

AB75,1266,8 3. A school district may use the excess revenue under this paragraph to purchase school safety equipment or fund the compensation costs of security officers. Any additional revenue received by a school district under this paragraph shall not be included in the base for determining the school district's limit under sub. (2m) for the following school year.

AB75, s. 2316 Section 2316. 121.91 (4) (m) of the statutes is created to read:

AB75,1266,14 121.91 (4) (m) 1. The limit otherwise applicable to a school district under sub. (2m) in any school year is increased by the following portion of the amount spent by the school district in that school year to pay the salary and fringe benefit costs of school nurses employed by the school board if the school board adopts a resolution to do so:

AB75,1266,15 a. For the revenue limit in the 2010-11 school year, one-third.

AB75,1266,16 b. For the revenue limit in the 2011-12 school year, two-thirds.

AB75,1266,18 c. For the revenue limit in the 2012-13 school year or any subsequent school year, 100 percent.

AB75,1266,21 2. Any additional revenue received by a school district under this paragraph shall not be included in the base for determining the school district's limit under sub. (2m) for the following school year.

AB75, s. 2317 Section 2317. 121.91 (4) (n) of the statutes is created to read:

AB75,1267,2 121.91 (4) (n) 1. If the school board adopts a resolution to do so, the limit otherwise applicable to the school district under sub. (2m) in any school year is increased by the portion, specified in subd. 2., of the amount determined as follows, if a positive number:

AB75,1267,4 a. Determine the average amount spent by the school district on transportation per pupil in the previous school year.

AB75,1267,6 b. Determine the statewide average amount spent on transportation per pupil in the previous school year.

AB75,1267,9 c. Subtract the result in subd. 1. b. from the result in subd. 1. a. and multiply the difference by the number of pupils transported by the school district in the previous school year.

AB75,1267,11 2. a. In the 2010-11 school year, one-third of the amount determined in subd. 1. c.

AB75,1267,13 b. In the 2011-12 school year, two-thirds of the amount determined in subd. 1. c.

AB75,1267,15 c. In the 2012-13 school year or any subsequent year, 100 percent of the amount determined in subd. 1. c.

AB75,1267,18 3. Any additional revenue received by a school district under this paragraph shall not be included in the base for determining the school district's limit under sub. (2m) for the following school year.

AB75, s. 2318 Section 2318. 121.91 (7) of the statutes is amended to read:

AB75,1267,25 121.91 (7) Except as provided in sub. (4) (f) 2. and (L) to (n) and (8), if an excess revenue is approved under sub. (3) for a recurring purpose or allowed under sub. (4), the excess revenue shall be included in the base for determining the limit for the next school year for purposes of this section. If an excess revenue is approved under sub. (3) for a nonrecurring purpose, the excess revenue shall not be included in the base for determining the limit for the next school year for purposes of this section.

AB75, s. 2319 Section 2319. 134.65 (1) of the statutes is amended to read:

AB75,1268,9 134.65 (1) No person 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, or 139.795 without first obtaining a license from the clerk of the city, village, or town wherein such privilege is sought to be exercised. This subsection does not apply to 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.

AB75, s. 2320 Section 2320. 134.65 (1n) of the statutes is created to read:

AB75,1268,13 134.65 (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:

AB75,1268,15 1. The applicant's history relevant to the applicant's fitness to hold a license under this section.

AB75,1268,16 2. The kind of license for which the applicant is applying.

AB75,1268,17 3. The premises where cigarettes or tobacco products will be sold or stored.

AB75,1268,19 4. If the applicant is a corporation, the identity of the corporate officers and agent.

AB75,1268,21 5. If the applicant is a limited liability company, the identity of the company members or managers and agent.

AB75,1268,22 6. The applicant's trade name, if any.

AB75,1268,23 7. Any other information required by the department.

AB75,1268,25 (b) The department of revenue shall provide one copy of the application form prepared under this subsection to each city, village, and town.

AB75,1269,2 (c) Each applicant for a license under this section shall use the application form prepared under this subsection.

AB75,1269,5 (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.

AB75,1269,8 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.

AB75,1269,12 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 4 years or longer.

AB75, s. 2321 Section 2321. 134.65 (1r) of the statutes is created to read:

AB75,1269,15 134.65 (1r) (a) A license under sub. (1) may only be issued to a person to whom all of the following apply:

AB75,1269,17 1. Subject to ss. 111.321, 111.322, and 111.335, the person does not have an arrest record or a conviction record.

AB75,1269,19 2. Unless pardoned, the person has not been convicted of a felony or as a habitual offender.

AB75,1269,23 3. The person is the holder of a seller's permit or use tax registration certificate as required by this subchapter or has been informed by an employee of the department that the department will issue a seller's permit or use tax registration certificate to that person.

AB75,1269,24 4. The person is 18 years of age or older.

AB75,1270,6 (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.

AB75, s. 2322 Section 2322. 134.65 (1s) of the statutes is created to read:

AB75,1270,10 134.65 (1s) (a) No corporation or limited liability company organized under the laws of this state or of any other state or foreign country may be issued a license under this section unless:

AB75,1270,14 1. The entity first appoints an agent in the manner prescribed by the city, village, or town issuing the license. In addition to the qualifications under sub. (1r), the agent must, with respect to character, record and reputation, be satisfactory to the city, village, or town.

AB75,1270,19 2. The entity vests in the agent, by properly authorized and executed written delegation, full authority and control of the premises described in the entity's license, and of the conduct of all business on the premises relative to the sale of cigarettes and tobacco products, that the licensee could have and exercise if it were a natural person.

AB75,1270,22 (b) A corporation or limited liability company may cancel the appointment of an agent and appoint a successor agent to act in the agent's place, for the remainder of the license year or until another agent is appointed, as follows:

AB75,1270,24 1. The successor agent shall meet the same qualifications required of the first appointed agent.

AB75,1271,3 2. The entity shall immediately notify the city, village, or town, in writing, of the appointment of the successor agent and the reason for the cancellation and new appointment.

AB75,1271,10 (c) A successor agent shall have all the authority, perform all the functions and be charged with all the duties of the previous agent of the corporation or limited liability company until the next regular or special meeting of the city, village, or town is held. However, the license of the corporation or limited liability company shall cease to be in force if, prior to the next regular or special meeting of the city, village, or town, the city, village, or town clerk receives notice of disapproval of the successor agent by a peace officer of the city, village, or town issuing the license.

AB75,1271,14 (d) The license of the corporation or limited liability company shall not be in force after the next regular or special meeting of the city, village, or town unless and until the successor agent or another qualified agent is appointed and approved by the city, village, or town.

AB75,1271,17 (e) The corporation or limited liability company shall, following the approval of each successor agent or another qualified agent by the city, village, or town, pay to the city, village, or town a fee of $10.

AB75,1271,20 (f) If an agent appointed under this subsection resigns, he or she shall notify in writing the corporation or limited liability company and the city, village, or town issuing the license within 48 hours of the resignation.

AB75, s. 2323 Section 2323. 134.65 (2) (a) of the statutes is amended to read:

AB75,1272,2 134.65 (2) (a) Except Subject to subs. (1r) and (1s), 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.

AB75, s. 2324 Section 2324. 134.65 (5) of the statutes is renumbered 134.65 (5) (a) and amended to read:

AB75,1272,17 134.65 (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.

AB75, s. 2325 Section 2325. 134.65 (5) (b) of the statutes is created to read:

AB75,1272,20 134.65 (5) (b) No penalty shall be imposed under par. (a) if any of the following apply:

AB75,1272,23 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.

AB75,1272,25 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.

AB75, s. 2326 Section 2326. 134.66 (2) (d) of the statutes is created to read:

AB75,1273,6 134.66 (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.

AB75, s. 2327 Section 2327. 134.66 (3m) of the statutes is created to read:

AB75,1273,10 134.66 (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):

AB75,1273,12 (a) That the direct marketer used a mechanism, approved by the department of revenue, for verifying the age of the purchaser.

AB75,1273,14 (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.

AB75,1273,16 (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).

AB75,1273,19 (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.

AB75, s. 2328 Section 2328. 134.80 of the statutes is amended to read:

AB75,1273,25 134.80 Home heating fuel dealers. Any dealer selling fuel of any kind for the purpose of heating a private residence shall notify each private residential customer whose account is subject to disconnection of the existence of the fuel assistance programs provided by the department of administration commission under s. 16.27 196.3746.

AB75, s. 2329 Section 2329. 139.30 (4n) of the statutes is repealed and recreated to read:

AB75,1274,2 139.30 (4n) "Identification card" has the meaning given in s. 134.66 (1) (c).

AB75, s. 2330 Section 2330. 139.30 (7) of the statutes is amended to read:

AB75,1274,6 139.30 (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.

AB75, s. 2331 Section 2331. 139.30 (8s) of the statutes is created to read:

AB75,1274,10 139.30 (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.

AB75, s. 2332 Section 2332. 139.31 (1) (a) of the statutes is amended to read:

AB75,1274,13 139.31 (1) (a) On cigarettes weighing not more than 3 pounds per thousand, 88.5 126 mills on each cigarette.

AB75, s. 2333 Section 2333. 139.31 (1) (b) of the statutes is amended to read:

AB75,1274,16 139.31 (1) (b) On cigarettes weighing more than 3 pounds per thousand, 177 252 mills on each cigarette.

AB75, s. 2334 Section 2334. 139.32 (4) of the statutes is amended to read:

AB75,1274,20 139.32 (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.

AB75, s. 2335 Section 2335. 139.32 (5) of the statutes is amended to read: