SB1038: Bill Text

SB1038,12,15 139.801 (3) (b) Evidence that the tobacco products or vapor products electronic smoking devices described in the invoice under par. (a) were delivered to the person who ordered them.

SB1038,40 Section 40. 139.801 (3) (c) of the statutes is amended to read:

SB1038,12,19 139.801 (3) (c) Evidence that the person who ordered and received the tobacco products or vapor products electronic smoking devices did not pay the distributor for them.

SB1038,41 Section 41. 139.801 (4) of the statutes is amended to read:

SB1038,13,2 139.801 (4) Any person who possesses tobacco products or vapor products electronic smoking devices for which the taxes imposed under this subchapter have not been paid and have been claimed as a deduction under this section shall file a report as prescribed by the department, pay the taxes imposed under this subchapter on tobacco products and vapor products electronic smoking devices, and be subject to this subchapter in the same manner as is provided for persons who hold valid permits under this subchapter.

SB1038,42 Section 42. 139.802 of the statutes is amended to read:

SB1038,13,14 139.802 Preferred claims. If the property of any purchaser of tobacco products or vapor products electronic smoking devices from any permittee under this subchapter is seized upon any intermediate or final process of any court in this state, or if the business of any purchaser of tobacco products or vapor products electronic smoking devices from any permittee under this subchapter is suspended by the action of creditors or put into the hands of any assignee, receiver, or trustee, all amounts that are due from the purchaser to any permittee for taxes imposed under this subchapter that the permittee has paid to the state for tobacco products or vapor products electronic smoking devices purchased from the permittee shall be considered preferred claims, and shall be paid in full, and the permittee shall be a preferred creditor.

SB1038,43 Section 43. 139.803 (4) of the statutes is amended to read:

SB1038,13,18 139.803 (4) The tobacco products or vapor products electronic smoking devices were not delivered by the retailer to the buyer by means of a common carrier, a contract carrier, or the U.S. postal service.

SB1038,44 Section 44. 139.803 (5) of the statutes is amended to read:

SB1038,13,21 139.803 (5) The retailer has not sold the tobacco products or vapor products electronic smoking devices to another retailer or to a subjobber.

SB1038,45 Section 45. 139.805 of the statutes is amended to read:

SB1038,14,6 139.805 Agreements with Indian tribes. The department may enter into agreements with Indian tribes to provide for the refunding of the tax imposed under s. 139.76. If the department enters into an agreement with an Indian tribe, the agreement may provide for refunding 100 percent of that tax on tobacco products and vapor products electronic smoking devices sold on the tribal reservation to enrolled members of the tribe residing on the tribal reservation and may provide for refunding 50 percent of that tax on tobacco products and vapor products electronic smoking devices sold on the tribal reservation to persons who are not enrolled members of the tribe residing on the tribal reservation.

SB1038,46 Section 46. 139.81 (1) of the statutes is amended to read:

SB1038,14,20 139.81 (1) No person may sell or take orders for tobacco products or vapor products electronic smoking devices for resale in this state for any manufacturer or permittee unless the person has filed an application for and obtained a valid certificate under s. 73.03 (50) and a salesperson's permit from the department. No manufacturer or permittee shall authorize any person to sell or take orders for tobacco products or vapor products electronic smoking devices in this state unless the person has filed an application for and obtained a valid certificate under s. 73.03 (50) and a salesperson's permit. Each application for a permit shall disclose the name and address of the employer and shall remain effective only while the salesperson represents the named employer. If the salesperson is thereafter employed by another manufacturer or permittee the salesperson shall obtain a new salesperson's permit. Each manufacturer and permittee shall notify the department within 10 days after the resignation or dismissal of any salesperson holding a permit.

SB1038,47 Section 47. 139.82 (1) of the statutes is amended to read:

SB1038,15,9 139.82 (1) Every manufacturer located out of the state shall keep records of all sales of tobacco products and vapor products electronic smoking devices shipped into this state. Every manufacturer located in this state shall keep records of production, sales and withdrawals of tobacco products and vapor products electronic smoking devices. Every distributor shall keep records of purchases and sales of tobacco products and vapor products electronic smoking devices. Every subjobber shall keep records of all purchases and disposition of tobacco products and vapor products electronic smoking devices. Every warehouse operator shall keep records of receipts and withdrawals of tobacco products and vapor products electronic smoking devices. All records shall be accurate and complete and be kept in a manner prescribed by the department. These records shall be preserved on the premises described in the permit in such a manner as to ensure permanency and accessibility for inspection at reasonable hours by authorized personnel of the department.

SB1038,48 Section 48. 139.82 (2) of the statutes is amended to read:

SB1038,15,16 139.82 (2) (a) Except as provided in par. (b), every permittee shall render a true and correct invoice of every sale of tobacco products and vapor products electronic smoking devices at wholesale and shall on or before the 15th day of each calendar month file a verified report of all tobacco products and vapor products electronic smoking devices purchased, sold, received, warehoused or withdrawn during the preceding calendar month.

SB1038,15,23 (b) The department may allow any subjobber permittee who does not sell tobacco products or vapor products electronic smoking devices, except for those on which the tax under this subchapter is paid, to file a quarterly report. The quarterly report shall be filed on or before the 15th day of the next month following the close of each calendar quarter. The report shall specify the value of tobacco products and vapor products electronic smoking devices purchased and sold during the preceding calendar quarter.

SB1038,49 Section 49. 139.82 (8) of the statutes is amended to read:

SB1038,16,4 139.82 (8) Each distributor shall collect and remit the excise tax imposed by s. 139.76 on tobacco products and vapor products electronic smoking devices not exempt from tax under s. 139.76 (2), with the reports required to be filed under this section.

SB1038,50 Section 50 . Nonstatutory provisions.

SB1038,16,10 (1) Electronic smoking devices enforcement. The authorized FTE positions for the department of revenue are increased by 2.0 GPR positions on January 1, 2022, to be funded from the appropriation under s. 20.566 (1) (am), for the purpose of administering and enforcing the taxes imposed on the sale of electronic smoking devices.

SB1038,51 Section 51. Fiscal changes.

SB1038,16,20 (1) Investigators; retail sales. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (1) (a), the dollar amount for fiscal year 2022-23 is increased by $164,800 to increase the authorized FTE positions for the department by 2.0 GPR positions to conduct investigations of retail sales of cigarettes, electronic smoking devices, and tobacco products. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (1) (a), the dollar amount for fiscal year 2022-23 is increased by $40,000 to provide supplies and services for the positions authorized under this subsection.

SB1038,16,25 (2) Local investigations of retail sales. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (1) (a), the dollar amount for fiscal year 2022-23 is increased by $357,500 to support local investigations of places where cigarettes, nicotine products, or tobacco products are sold under s. 254.916.

SB1038,17,6 (3) Special education aid. In the schedule under s. 20.005 (3) for the appropriation to the department of public instruction under s. 20.255 (2) (b), the dollar amount for fiscal year 2021-22 is increased by $130,000 to increase funding for aids for special education under s. 115.88 and the dollar amount for fiscal year 2022-23 is increased by $510,000 to increase funding for aids for special education under s. 115.88.

SB1038,17,11 (4) UW System. In the schedule under s. 20.005 (3) for the appropriation to the Board of Regents of the University of Wisconsin System under s. 20.285 (1) (a), the dollar amount for fiscal year 2021-22 is increased by $24,000 for the purpose for which the appropriation is made and the dollar amount for fiscal year 2022-23 is increased by $96,000 for the purpose for which the appropriation is made.

SB1038,17,16 (5) State aids for technical colleges. In the schedule under s. 20.005 (3) for the appropriation to the technical college system board under s. 20.292 (1) (d), the dollar amount for fiscal year 2021-22 is increased by $6,000 and the dollar amount for fiscal year 2022-23 is increased by $24,000 for the purpose for which the appropriation is made.

SB1038,52 Section 52 . Effective date.

SB1038,17,18 (1) This act takes effect on the 90th day after the day of publication.

SB1038,17,19 (End)