AB250,22
24Section
22. 125.12 (7) of the statutes is created to read:
AB250,16,5
1125.12
(7) Reapplication for permit after revocation or refusal to issue or
2renew. If the department refuses to issue, refuses to renew, or revokes any permit
3issued under this chapter, the applicant or permit holder may not reapply for the
4permit for a period of 12 months after the date of the refusal to issue, refusal to renew,
5or revocation.
AB250,23
6Section
23. 134.65 (1g) of the statutes is created to read:
AB250,16,97
134.65
(1g) (a) The department of revenue shall create an application form for
8licenses issued under sub. (1). The form shall require all of the following information
9from an applicant:
AB250,16,1110
1. The applicant's history relevant to the applicant's fitness to hold a license
11under sub. (1).
AB250,16,1212
2. The kind of license for which the applicant is applying.
AB250,16,1313
3. The premises where cigarettes or tobacco products will be sold or stored.
AB250,16,1514
4. If the applicant is a corporation, the identity of the corporate officers and
15agent.
AB250,16,1716
5. If the applicant is a limited liability company, the identity of the company
17members or managers and agent.
AB250,16,1818
6. The applicant's trade name, if any.
AB250,16,2019
7. Whether the applicant will sell, exchange, barter, dispose of, or give away
20the cigarette or tobacco products over the counter or in a vending machine, or both.
AB250,16,2121
8. Any other information required by the department of revenue.
AB250,16,2322
(b) The department of revenue shall make the form prepared under this
23subsection available to all cities, villages, and towns.
AB250,16,2524
(c) An applicant for a license under sub. (1) shall use the form prepared under
25this subsection.
AB250,17,3
1(d) An application for a license under sub. (1) shall be signed by the applicant
2and the applicant shall submit the application to the clerk of the city, village, or town
3where the intended place of sale is located.
AB250,17,74
(e) Within 10 days of any change in any fact set forth in an application for a
5license under sub. (1), the applicant or licensee shall file a written description of the
6change with the clerk of the city, village, or town where the application was
7submitted.
AB250,17,118
(f) Any person may inspect applications for a license under sub. (1). The clerk
9of a city, village, or town where such applications are submitted shall retain all
10applications, except that the clerk may destroy any application that is 4 or more
11years old.
AB250,24
12Section
24. 134.65 (1m) of the statutes is renumbered 134.65 (1m) (a) (intro.)
13and amended to read:
AB250,17,1814
134.65
(1m) (a) (intro.) A city, village, or town clerk may not issue a license
15under sub. (1) unless the applicant
specifies in the license application whether the
16applicant will sell, exchange, barter, dispose of, or give away the cigarette or tobacco
17products over the counter or in a vending machine, or both.
meets all of the following
18requirements:
AB250,25
19Section
25. 134.65 (1m) (a) 1., 2. and 3. of the statutes are created to read:
AB250,17,2120
134.65
(1m) (a) 1. Subject to ss. 111.321, 111.322, and 111.335, the applicant
21has not habitually been a law offender or been convicted of a felony unless pardoned.
AB250,17,2222
2. The applicant has submitted the proof required under s. 77.61 (11).
AB250,17,2323
3. The applicant has attained the age of 18.
AB250,26
24Section
26. 134.65 (1m) (b) of the statutes is created to read:
AB250,18,7
1134.65
(1m) (b) The requirements under par. (a) apply to all partners of a
2partnership, all members of a limited liability company, all agents of a limited
3liability company or corporation, and all officers of a corporation. Subject to ss.
4111.321, 111.322, and 111.335, if a business entity has been convicted of a crime, the
5entity may not be issued a license under sub. (1) unless the entity has terminated its
6relationship with the individuals whose actions directly contributed to the
7conviction.
AB250,27
8Section
27. 134.65 (2m) of the statutes is created to read:
AB250,18,159
134.65
(2m) Annually, no later than July 15, the clerk of a city, village, or town
10issuing licenses under sub. (1) shall submit to the department of revenue, in a
11manner prescribed by the department, a list of licenses issued by the city, village, or
12town under sub. (1) during the previous fiscal year. The list shall include the name,
13address, seller's permit number, and trade name of the licensee and the type of
14license held. The department of revenue shall publish this list annually on the
15department's Internet site.
AB250,28
16Section
28. 134.65 (3m) of the statutes is created to read:
AB250,18,2017
134.65
(3m) A person holding a license under sub. (1) shall enclose the license
18in a frame that has a transparent front that allows the license to be read clearly. The
19licensee shall conspicuously display the license for public inspection at all times in
20the room or place where the activity subject to licensure is carried out.
AB250,29
21Section
29. 139.11 (4) (a) (intro.) of the statutes is amended to read:
AB250,19,222
139.11
(4) (a) (intro.) Sections 71.78 (1),
(1g), (1m), and (4) to (9) and 71.83 (2)
23(a) 3. and 3m., relating to confidentiality of income and franchise tax returns, apply
24to any information obtained from any person on a fermented malt beverage tax
25return, report, schedule, exhibit, or other document or from an audit report relating
1to any of those documents, except that the department of revenue shall publish the
2following:
AB250,30
3Section
30. 139.38 (6) of the statutes is amended to read:
AB250,19,114
139.38
(6) Sections 71.78 (1),
(1g), (1m), and (4) to (9) and 71.83 (2) (a) 3. and
53m., relating to confidentiality of income and franchise tax returns, apply to any
6information obtained from any person on a cigarette tax return, report, schedule,
7exhibit, or other document or from an audit report pertaining to the return, report,
8schedule, exhibit, or document, except that the department shall publish on its
9Internet site, at least quarterly, a current list of permits issued to distributors and
10jobbers under s. 139.34 and include on the list the name and address of the permit
11holder and the date on which the department issued the permit.
AB250,31
12Section 31
. 139.44 (2) of the statutes is amended to read:
AB250,19,1613
139.44
(2) Any person who makes or signs any false or fraudulent report
or who
14attempts to evade the tax imposed by s. 139.31 or 139.76, or who aids in or abets the
15evasion or attempted evasion of that tax may be fined not more than $10,000 or
16imprisoned for not more than 9 months or both.
AB250,32
17Section 32
. 139.44 (2m) of the statutes is created to read:
AB250,19,2018
139.44
(2m) Any person who evades or attempts to evade, or who aids or abets
19the evasion or attempted evasion of, a tax imposed under s. 139.31 or 139.76 is guilty
20of the following:
AB250,19,2121
(a) A Class A misdemeanor if the amount of the tax is no more than $2,500.
AB250,19,2322
(b) A Class I felony if the amount of the tax is more than $2,500, but no more
23than $5,000.
AB250,19,2524
(c) A Class H felony if the amount of the tax is more than $5,000, but no more
25than $10,000.
AB250,20,2
1(d) A Class G felony if the amount of the tax is more than $10,000, but no more
2than $100,000.
AB250,20,33
(e) A Class F felony if the amount of the tax is more than $100,000.
AB250,33
4Section
33. 139.44 (8) (a), (b) and (c) of the statutes are amended to read:
AB250,20,75
139.44
(8) (a) If the number of cigarettes does not exceed
6,000, a fine of 3,000,
6the person may be fined not more than
$200
$1,000 or
imprisonment imprisoned for
7not more than
6 months one year or both.
AB250,20,108
(b) If the number of cigarettes exceeds
6,000
3,000 but does not exceed
36,000,
9a fine of not more than $1,000 or imprisonment for not more than one year in the
10county jail or both 5,000, the person is guilty of a Class I felony.
AB250,20,1211
(c) If the number of cigarettes exceeds
36,000
5,000 but does not exceed 10,000,
12the person is guilty of a Class
I H felony.
AB250,34
13Section
34. 139.44 (8) (d) of the statutes is created to read:
AB250,20,1514
139.44
(8) (d) If the number of cigarettes exceeds 10,000, the person is guilty
15of a Class F felony.
AB250,35
16Section
35. 139.82 (6) of the statutes is amended to read:
AB250,20,2417
139.82
(6) Sections 71.78 (1),
(1g), (1m), and (4) to (9) and 71.83 (2) (a) 3. and
183m., relating to confidentiality of income and franchise tax returns, apply to any
19information obtained from any person on a cigarette tax return, report, schedule,
20exhibit, or other document or from an audit report pertaining to the return, report,
21schedule, exhibit, or document, except that the department shall publish on its
22Internet site, at least quarterly, a current list of permits issued to distributors and
23jobbers under s. 139.34 and include on the list the name and address of the permit
24holder and the date on which the department issued the permit.
AB250,36
25Section
36. 227.43 (1) (bt) of the statutes is created to read:
AB250,21,2
1227.43
(1) (bt) Assign a hearing examiner to preside over any hearing of a
2contested case under s. 125.112 (3).
AB250,37
3Section
37. 227.43 (3) (bt) of the statutes is created to read:
AB250,21,74
227.43
(3) (bt) The administrator of the division of hearings and appeals may
5set the fees to be charged for any services rendered to the department of revenue by
6a hearing examiner under this section. The fee shall cover the total cost of the
7services.
AB250,38
8Section
38. 227.43 (4) (bt) of the statutes is created to read:
AB250,21,119
227.43
(4) (bt) The department of revenue shall pay all costs of the services of
10a hearing examiner assigned under sub. (1) (bt), according to the fees set under sub.
11(3) (bt).
AB250,39
12Section
39. 227.52 (1) of the statutes is amended to read:
AB250,21,1513
227.52
(1) Decisions of the department of revenue other than decisions relating
14to alcohol beverage permits issued under ch. 125
or forfeitures assessed by the
15department under s. 125.112.
AB250,40
16Section
40. 565.17 (5) (a) of the statutes is amended to read:
AB250,21,2017
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.
AB250,41
21Section
41. 565.17 (5) (d) of the statutes is created to read:
AB250,22,222
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.
AB250,42
3Section
42. 565.50 (2) of the statutes is amended to read:
AB250,22,64
565.50
(2) Any person who alters
or
, forges
, counterfeits, or illegally obtains a
5lottery ticket or share or intentionally utters or transfers an altered
or, forged
,
6counterfeit, or illegally obtained lottery ticket or share is guilty of a Class I felony.
AB250,43
7Section
43. 565.50 (3) of the statutes is amended to read:
AB250,22,118
565.50
(3) Any person who possesses an altered
or, forged
, counterfeit, or
9illegally obtained lottery ticket or share
, or a winning lottery ticket or share for which
10the prize has been previously claimed, with intent to defraud shall be fined not more
11than $10,000 or imprisoned for not more than 9 months or both.
AB250,44
12Section
44. 565.50 (4) of the statutes is created to read:
AB250,22,1713
565.50
(4) Any person who transfers a lottery ticket or share to another person,
14presents a transferred lottery ticket or share for payment of a lottery prize, or claims
15a lottery prize from a transferred ticket or share with intent to avoid withholding
16under s. 565.30 (4), (5), (5m), or (5r) shall be fined not more than $10,000 or
17imprisoned for not more than 9 months or both.
AB250,45
18Section
45. 946.82 (4) of the statutes is amended to read:
AB250,23,819
946.82
(4) “Racketeering activity" means any activity specified in
18 USC 1961 20(1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission
21of any of the felonies specified in: chs. 945 and 961, subch. V of ch. 551, and ss. 49.49,
22134.05, 139.44 (1)
, (2m), and (8), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12,
23221.0625, 221.0636, 221.0637, 221.1004, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19
24(4) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.302 (2), 940.305, 940.31,
25941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d),
1or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10,
2943.20 (3) (bf) to (e), 943.201, 943.203, 943.23 (1g), (2) and (3), 943.24 (2), 943.27,
3943.28, 943.30, 943.32, 943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41
4(8) (b) and (c), 943.50 (4) (bf), (bm), and (c) and (4m), 943.60, 943.70, 943.76, 943.81,
5943.82, 943.83, 943.84, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 944.21 (5) (c)
6and (e), 944.32, 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11,
7946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72,
8946.76, 946.79, 947.015, 948.05, 948.051, 948.08, 948.12, and 948.30.