AB133-ASA1-CA1,582,24
20251.125 Village health department, how financed. If a village health
21department is established under s. 251.02 (2) or (3m)
or if a multiple municipal local
22health department is established under s. 251.01 (3r) by the governing body of a
23village in concert with the governing body of another village or a city or town, the
24village board shall appropriate funds for the operation of the department.
AB133-ASA1-CA1,583,5
1251.127 Town health department, how financed. If a town health
2department is established under s. 251.02 (3m)
or if a multiple municipal local health
3department is established under s. 251.02 (3r) by the governing body of a town in
4concert with the governing body of another town or a city or village, the town board
5shall appropriate funds for the operation of the department.".
AB133-ASA1-CA1,583,189
252.10
(7) Drugs necessary for the treatment of mycobacterium tuberculosis
10shall be purchased by the department from the appropriation under s. 20.435 (5) (e)
11and dispensed to patients through the public health dispensaries
or through health
12care providers, as defined in s. 146.81 (1), other than massage therapists or
13bodyworkers issued a license of registration under subch. X of ch. 440, social workers,
14marriage and family therapists or professional counselors certified under ch. 457,
15speech-language pathologists or audiologists licensed under subch. II of ch. 459,
16speech and language pathologists licensed by the department of public instruction
17or dietitians certified under subch. V of ch. 448, local health departments, physicians
18or advanced practice nurse prescribers.".
AB133-ASA1-CA1,584,221
252.14
(1) (d) "Inpatient health care facility" means a hospital, nursing home,
22community-based residential facility, county home, county mental health complex
,
23tuberculosis sanatorium or other place licensed or approved by the department
24under
ss. s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08
, or 51.09
, 58.06, 252.073
1and 252.076 or a facility under s. 45.365, 48.62, 51.05, 51.06, 233.40, 233.41, 233.42
2or 252.10.".
AB133-ASA1-CA1,584,115
252.15
(1) (ab) "Affected person" means an emergency medical technician, first
6responder, fire fighter, peace officer, correctional officer, person who is employed at
7a secured correctional facility, as defined in s. 938.02 (15m),
or at a secured child
8caring institution, as defined in s. 938.02 (15g)
, or a secured group home, as defined
9in s. 938.02 (15p), state patrol officer, jailer or keeper of a jail or person designated
10with custodial authority by the jailer or keeper, health care provider, employe of a
11health care provider or staff member of a state crime laboratory.
AB133-ASA1-CA1,585,613
252.15
(2) (a) 7. a. If all of the conditions under subd. 7. ai. to c. are met, an
14emergency medical technician, first responder, fire fighter, peace officer, correctional
15officer, person who is employed at a secured correctional facility, as defined in s.
16938.02 (15m),
or at a secured child caring institution, as defined in s. 938.02 (15g)
,
17or a secured group home, as defined in s. 938.02 (15p), state patrol officer, jailer or
18keeper of a jail or person designated with custodial authority by the jailer or keeper
19who, during the course of providing care or services to an individual; or a peace
20officer, correctional officer, state patrol officer, jailer or keeper of a jail or person
21designated with custodial authority by the jailer or keeper who, while searching or
22arresting an individual or while controlling or transferring an individual in custody;
23or a health care provider or an employe of a health care provider who, during the
24course of providing care or treatment to an individual or handling or processing
1specimens of body fluids or tissues of an individual; or a staff member of a state crime
2laboratory who, during the course of handling or processing specimens of body fluids
3or tissues of an individual; is significantly exposed to the individual may subject the
4individual's blood to a test or a series of tests for the presence of HIV, antigen or
5nonantigenic products of HIV or an antibody to HIV and may receive disclosure of
6the results.".
AB133-ASA1-CA1,585,139
252.241
(1) The Except as provided in sub. (1m), the department shall require
10each applicant to provide the department with the applicant's social security
11number, if the applicant is an individual, or the applicant's federal employer
12identification number, if the applicant is not an individual, as a condition of issuing
13or renewing a license under s. 252.23 (2) or (4) (a) or 252.24 (2) or (4) (a).
AB133-ASA1-CA1,585,2115
252.241
(1m) If an individual who applies for or to renew a license under sub.
16(1) does not have a social security number, the individual, as a condition of obtaining
17the license, shall submit a statement made or subscribed under oath or affirmation
18to the department that the applicant does not have a social security number. The
19form of the statement shall be prescribed by the department of workforce
20development. A license issued or renewed in reliance upon a false statement
21submitted under this subsection is invalid.
AB133-ASA1-CA1,586,3
1252.241
(3) The Except as provided in sub. (1m), the department shall deny an
2application for the issuance or renewal of a license specified in sub. (1) if the applicant
3does not provide the information specified in sub. (1).".
AB133-ASA1-CA1,586,66
252.14
(1) (ar) 4q. An athletic trainer licensed under subch. VI of ch. 448.".
AB133-ASA1-CA1,586,1410
254.115
(1) (intro.)
The Except as provided in sub. (1m), the department shall
11require each applicant to provide the department with the applicant's social security
12number, if the applicant is an individual, or the applicant's federal employer
13identification number, if the applicant is not an individual, as a condition of issuing
14or renewing any of the following:
AB133-ASA1-CA1,586,2316
254.115
(1m) If an individual who applies for or to renew a certification,
17certification card or permit under sub. (1) does not have a social security number, the
18individual, as a condition of obtaining the certification, certification card or permit,
19shall submit a statement made or subscribed under oath or affirmation to the
20department that the applicant does not have a social security number. The form of
21the statement shall be prescribed by the department of workforce development. A
22certification, certification card or permit issued or renewed in reliance upon a false
23statement submitted under this subsection is invalid.
AB133-ASA1-CA1,587,4
1254.115
(3) The Except as provided in sub. (1m), the department shall deny an
2application for the issuance or renewal of a certification, certification card or permit
3specified in sub. (1) if the applicant does not provide the information specified in sub.
4(1).".
AB133-ASA1-CA1,587,107
255.05
(1) (a) "Institution" means any hospital, nursing home, county home,
8county mental hospital,
tuberculosis sanatorium, community-based residential
9facility or other place licensed or approved by the department under
ss. s. 49.70,
1049.71, 49.72, 50.02, 50.03, 50.35, 51.08
, or 51.09
, 58.06, 252.073 and 252.076.".
AB133-ASA1-CA1,587,13
12"
Section 2485g. Subchapter IX (title) of chapter 254 [precedes 254.911] of the
13statutes is created to read:
AB133-ASA1-CA1,587,1815
Subchapter IX
16
Investigations of the sale or
17
gift of cigarettes or
18
tobacco products to minors
AB133-ASA1-CA1,587,20
20254.911 Definitions. In this subchapter:
AB133-ASA1-CA1,587,21
21(1) "Cigarette" has the meaning given in s. 139.30 (1).
AB133-ASA1-CA1,588,2
22(2) "Governmental regulatory authority" means the department; the local
23health department, state agency or law enforcement agency with which the
24department contracts under s. 254.916 (1) (a); or the person with whom the local
1health department, state agency or law enforcement agency contracts under s.
2254.916 (1) (a).
AB133-ASA1-CA1,588,3
3(3) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
AB133-ASA1-CA1,588,4
4(4) "Retailer" has the meaning given in s. 134.66 (1) (g).
AB133-ASA1-CA1,588,6
5(5) "Retail outlet" means a place of business from which cigarettes or tobacco
6products are sold at retail to consumers.
AB133-ASA1-CA1,588,7
7(6) "State agency" has the meaning given in s. 1.12 (1) (b).
AB133-ASA1-CA1,588,8
8(7) "Tobacco products" has the meaning given in s. 139.75 (12).
AB133-ASA1-CA1,588,11
9(8) "Tobacco vending machine" is any mechanical device that automatically
10dispenses cigarettes or tobacco products when money or tokens are deposited in the
11device in payment for the cigarettes or tobacco products.
AB133-ASA1-CA1,588,16
12(9) "Tobacco vending machine operator" means a person who acquires tobacco
13products or stamped cigarettes from manufacturers, as defined in s. 134.66 (1) (e),
14or permittees, stores them and sells them through the medium of tobacco vending
15machines that he or she owns, operates or services and that are located on premises
16that are owned or under the control of other persons.
AB133-ASA1-CA1,588,18
17(10) "Tobacco vending machine premises" means any area in which a tobacco
18vending machine is located.
AB133-ASA1-CA1,589,15
20254.916 Department; authority. (1) (a) In the administration of this
21subchapter, the department may contract with local health departments, as agents
22of the department, with a state agency or with law enforcement agencies of the state,
23or of a county, city, village or town, to cause unannounced investigations to be
24conducted at least annually at retail outlets, including sites of tobacco vending
25machines, to survey overall levels of compliance with s. 134.66 (2) (a) and (am). A
1person with whom the department contracts under this paragraph may contract
2with another person to conduct the investigations. Except any survey conducted
3under
21 CFR part 897, the survey under this subsection shall cover a range of retail
4outlets that are not preselected on the basis of prior violations, in order to measure
5overall levels of compliance as well as to identify violations. The survey shall be
6conducted so as to provide a sample of retail outlets that reflects the distribution of
7minors throughout the state and the distribution of the retail outlets throughout the
8state where minors are likely to attempt to purchase cigarettes. The survey shall
9include all types of retail outlets that are required to comply with s. 134.66 (2) (a) and
10(am). The department shall use statistically sound sampling techniques in designing
11the annual surveys so as to measure overall levels of compliance and shall stratify
12the sample so as to measure compliance by type of retail outlet, including a private
13place of business other than a retail establishment, but not including a barroom, as
14defined in s. 125.51 (3m) (a), that is located on premises described in a license issued
15under s. 125.26 or 125.51 (3).
AB133-ASA1-CA1,589,1816
(b) The department, in consultation with retailers and governmental
17regulatory authorities, shall establish standards for procedures and training for
18conducting investigations under this section.
AB133-ASA1-CA1,589,2219
(c) No retailer may be subject to unannounced investigations more than twice
20annually unless the retailer is found to have violated s. 134.66 (2) (a) or (am) during
21each investigation. Investigations conducted under sub. (12) may not be considered
22unannounced investigations for purposes of this paragraph.
AB133-ASA1-CA1,589,25
23(2) With the permission of his or her parent or guardian, a person under 18
24years of age, but not under 15 years of age, may buy, attempt to buy or possess any
25cigarette or tobacco product if all of the following are true:
AB133-ASA1-CA1,590,2
1(a) The person commits the act for the purpose of conducting an investigation
2under this section.
AB133-ASA1-CA1,590,43
(b) The person is directly supervised during the conducting of the investigation
4by an adult employe of a governmental regulatory authority.
AB133-ASA1-CA1,590,75
(c) The person has prior written authorization to commit the act from a
6governmental regulatory authority or a district attorney or from an authorized agent
7of a governmental regulatory authority or a district attorney.
AB133-ASA1-CA1,590,9
8(3) (a) All of the following, unless otherwise specified, apply in conducting
9investigations under this section:
AB133-ASA1-CA1,590,1110
(a) If questioned about his or her age during the course of an investigation, the
11minor shall state his or her true age.
AB133-ASA1-CA1,590,1312
(b) A minor may not be used for the purposes of an investigation at a retail
13outlet at which the minor is a regular customer.
AB133-ASA1-CA1,590,1514
(c) The appearance of a minor may not be materially altered so as to indicate
15greater age.
AB133-ASA1-CA1,590,1916
(d) A photograph or videotape of the minor shall be made before or after the
17investigation or series of investigations on the day of the investigation or series of
18investigations. If a prosecution results from an investigation, the photograph or
19videotape shall be retained until the final disposition of the case.
AB133-ASA1-CA1,590,2520
(e) A governmental regulatory authority shall make a good faith effort to make
21known to the retailer or the retailer's employe or agent, within 72 hours after the
22occurrence of the violation, the results of an investigation, including the issuance of
23any citation by a governmental regulatory authority for a violation that occurs
24during the conduct of the investigation. This paragraph does not apply to
25investigations conducted under a grant received under
42 USC 300x-021.
AB133-ASA1-CA1,591,4
1(f) Except with respect to investigations conducted under
42 USC 300x-021 or
221 CFR part 897, all of the following information shall be reported to the department,
3and to the retailer, within 10 days after the conduct of an investigation under this
4section:
AB133-ASA1-CA1,591,65
1. The name and position of the governmental regulatory authority employe
6who directly supervised the investigation.
AB133-ASA1-CA1,591,77
2. The age of the minor.
AB133-ASA1-CA1,591,88
3. The date and time of the investigation.
AB133-ASA1-CA1,591,109
4. A reasonably detailed description of the circumstances giving rise to a
10violation, if any, or, if there is no violation, written notice to that effect.
AB133-ASA1-CA1,591,1111
5. Any other relevant information requested by the department.
AB133-ASA1-CA1,591,14
12(4) No results of an investigation conducted under this section may be included
13in the survey specified under sub. (1) if it is proved that the requirements under sub.
14(3) were not met in conducting the investigation.
AB133-ASA1-CA1,591,18
15(5) No evidence obtained during or otherwise arising from the course of an
16investigation under this section that is used to prosecute a person for a violation of
17s. 134.66 (2) (a) or (am) may be used in the prosecution of an alleged violation of s.
18125.07 (3).
AB133-ASA1-CA1,591,23
19(6) The department shall compile the results of investigations performed under
20this section and shall prepare an annual report that reflects the results for
21submission with the state's application for federal funds under
42 USC 300x-21. The
22report shall be published for public comment at least 60 days before the beginning
23of negotiations under sub. (7).
AB133-ASA1-CA1,592,3
1(7) The department shall strive annually to negotiate with the federal
2department of health and human services realistic and attainable interim
3performance targets for compliance with
42 USC 300x-26.
AB133-ASA1-CA1,592,9
4(8) A governmental regulatory agency under this section shall meet standards
5established by the department of health and family services. The department shall
6annually evaluate the investigation program of each governmental regulatory
7authority. If, at any time, a governmental regulatory authority fails to meet the
8standards, the department of health and family services may terminate the contract
9under sub. (1).
AB133-ASA1-CA1,592,11
10(9) The department shall provide education and training to governmental
11regulatory authorities to ensure uniformity in the enforcement of this subchapter.
AB133-ASA1-CA1,592,16
12(10) This section does not limit the authority of the department to investigate
13establishments in jurisdictional areas of governmental regulatory authorities if the
14department investigates in response to an emergency, for the purpose of monitoring
15and evaluating the governmental regulatory authority's investigation and
16enforcement program or at the request of the governmental regulatory authority.
AB133-ASA1-CA1,592,22
17(11) The department shall hold a hearing under ch. 227 if any interested
18person, in lieu of proceeding under ch. 68, appeals to the department alleging that
19the person making an investigation of the appellant has a financial interest in a
20regulated cigarette and tobacco product retailer, tobacco vending machine operator,
21tobacco vending machine premises or tobacco vending machine which may interfere
22with his or her ability to properly take that action.
AB133-ASA1-CA1,593,2
23(12) This section does not apply to surveys conducted by local units of
24government that have not entered into a contract under sub. (1), to determine overall
25levels of compliance with s. 134.66 (2) (a) and (am). No results obtained under such
1surveys may be used for the purpose of issuing warnings or citations or any other
2enforcement mechanism.
AB133-ASA1-CA1,593,6
3(13) The requirements of subs. (1) to (12) do not apply to investigations of retail
4establishments conducted by the city of Madison, or the local health department or
5law enforcement agency of the city of Madison, in its jurisdictional area to determine
6compliance with and to enforce s. 134.66 (2).
AB133-ASA1-CA1,593,118
254.92
(2) (b) A person under 18 years of age, but not under 15 years of age,
9may purchase, attempt to purchase or possess cigarettes or tobacco products in the
10course of his or her participation in an investigation under s. 254.916 that is
11conducted in accordance with s. 254.916 (3).".
AB133-ASA1-CA1,593,16
16"
(1m) Duties. The board shall do all of the following:
AB133-ASA1-CA1,593,1917
(a) Appoint an executive director within the classified service who shall employ
18staff within the classified service with appropriate programmatic and technical
19expertise.
AB133-ASA1-CA1,593,2020
(b) Administer the grant program under sub. (3).