Wisconsin Legislature: 16,2830j

16,2822m Section 2822m. 134.72 (2) (b) of the statutes is renumbered 134.72 (2), and 134.72 (2) (b), as renumbered, is amended to read:

134.72 (2) (b) Notwithstanding subd. 1. par. (a), a person may not make a facsimile solicitation to a person who has notified the facsimile solicitor in writing or by facsimile transmission that the person does not want to receive facsimile solicitation.

16,2824 Section 2824. 134.72 (3) (a) of the statutes is amended to read:

134.72 (3) (a) Intrastate. This section applies to any intrastate telephone solicitation or intrastate facsimile solicitation.

16,2825 Section 2825. 134.72 (3) (b) of the statutes is amended to read:

134.72 (3) (b) Interstate. This section applies to any interstate telephone solicitation, or interstate facsimile solicitation, received by a person in this state.

16,2826 Section 2826. 134.72 (4) of the statutes is amended to read:

134.72 (4) Penalty. A person who violates this section may be required to forfeit up to not more than $500.

16,2826m Section 2826m. 134.73 of the statutes is created to read:

134.73 Identification of prisoner making telephone solicitation. (1) Definitions. In this section:

(a) "Contribution" has the meaning given in s. 440.41 (5).

(b) "Prisoner" means a prisoner of any public or private correctional or detention facility that is located within or outside this state.

(d) "Telephone solicitation" means the unsolicited initiation of a telephone conversation for any of the following purposes:

1. To encourage a person to purchase property, goods, or services.

2. To solicit a contribution from a person.

3. To conduct an opinion poll or survey.

(2) Requirements. A prisoner who makes a telephone solicitation shall do all of the following immediately after the person called answers the telephone:

(a) Identify himself or herself by name.

(b) State that he or she is a prisoner.

(c) Inform the person called of the name of the correctional or detention facility in which he or she is a prisoner and the city and state in which the facility is located.

(3) Territorial application. (a) Intrastate. This section applies to any intrastate telephone solicitation.

(b) Interstate. This section applies to any interstate telephone solicitation received by a person in this state.

(4) Penalties. (a) A prisoner who violates this section may be required to forfeit not more than $500.

(b) If a person who employes a prisoner to engage in telephone solicitation is concerned in the commission of a violation of this section as provided under s. 134.99, the person may be required to forfeit not more than $10,000.

16,2826p Section 2826p. 134.95 (2) of the statutes is amended to read:

134.95 (2) Supplemental forfeiture. If a fine or a forfeiture is imposed on a person for a violation under s. 100.171, 100.173, 100.174, 100.175, 100.177, 134.71, 134.72, 134.73, or 134.87 or ch. 136 or a rule promulgated under these sections or that chapter, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the fine or forfeiture was imposed, was perpetrated against an elderly person or disabled person and if any of the factors under s. 100.264 (2) (a), (b), or (c) is present.

16,2830g Section 2830g. 137.01 (1) (a) of the statutes is amended to read:

137.01 (1) (a) The governor shall appoint notaries public who shall be Wisconsin United States residents and at least 18 years of age. Applicants who are not attorneys shall file an application with the secretary of state and pay a $20 fee.

16,2830j Section 2830j. 137.01 (1) (d) of the statutes is amended to read:

137.01 (1) (d) Qualified applicants shall be notified by the secretary of state to take and file the official oath and execute and file an official bond in the sum of $500, with a surety to be approved by the clerk of the circuit court for his or her county, or, if executed by a surety company, and approved by the secretary of state.

16,2830m Section 2830m. 137.01 (2) (a) of the statutes is amended to read:

137.01 (2) (a) Any Wisconsin Except as provided in par. (am), any United States resident who is licensed to practice law in this state is entitled to a permanent commission as a notary public upon application to the secretary of state and payment of a $50 fee. The application shall include a certificate of good standing from the supreme court, the signature and post-office address of the applicant and an impression of the applicant's official seal, or imprint of the applicant's official rubber stamp.

16,2830p Section 2830p. 137.01 (2) (am) of the statutes is created to read:

137.01 (2) (am) If a United States resident has his or her license to practice law in this state suspended or revoked, upon reinstatement of his or her license to practice law in this state, the person may be entitled to receive a certificate of appointment as a notary public for a term of 4 years. An eligible notary appointed under this paragraph is entitled to reappointment for 4-year increments. At least 30 days before the expiration of a commission under this paragraph the secretary of state shall mail notice of the expiration date to the holder of the commission.

16,2830r Section 2830r. 137.01 (2) (b) of the statutes is amended to read:

137.01 (2) (b) The secretary of state shall issue a certificate of appointment as a notary public to persons who qualify under the requirements of this subsection. Such The certificate shall state that the notary commission is permanent or is for 4 years.

16,2833g Section 2833g. 137.01 (6) (b) of the statutes is repealed.

16,2833j Section 2833j. 137.01 (6m) of the statutes is amended to read:

137.01 (6m) Change of residence. A notary public shall does not vacate his or her office by reason of his or her change of residence within the state United States. Written notice of any change of address shall be given to the secretary of state within 5 10 days of such the change.

16,2833m Section 2833m. 137.01 (7) of the statutes is amended to read:

137.01 (7) Official records to be filed. When any notary public ceases to hold office the notary public, or in case of the notary public's death the notary public's executor or administrator, shall deposit the notary public's official records and papers in the office of the clerk of the circuit court of the county of the notary public's residence secretary of state. If any such notary or any executor or administrator, after such records and papers come to his or her hands, neglects for 3 months to deposit them, he or she shall forfeit not less than $50 nor more than $500. If any person knowingly destroys, defaces or conceals any records or papers of any notary public, the person shall forfeit not less than $50 nor more than $500, and shall be liable to the party injured for all damages thereby sustained. The clerks of the circuit courts secretary of state shall receive and safely keep all such papers and records in their office.

16,2841m Section 2841m. 139.03 (5) (b) 2. of the statutes is amended to read:

139.03 (5) (b) 2. A person who is a member of the national guard, the U. S. armed forces or a reserve component of the U. S. armed forces; who is a state resident; and who leaves a foreign country, after spending at least 48 hours in that foreign country on duty or for training, with the purpose of entering into this state may bring into the state, in sealed original containers and in the person's immediate possession, intoxicating liquor and wine in an aggregate amount not exceeding 6 16 liters without paying the tax imposed under this subchapter on that amount.

16,2842 Section 2842. 139.30 (7) of the statutes is amended to read:

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

16,2842m Section 2842m. 139.31 (1) (a) of the statutes is amended to read:

139.31 (1) (a) On cigarettes weighing not more than 3 pounds per thousand, 29.5 38.5 mills on each cigarette.

16,2842n Section 2842n. 139.31 (1) (b) of the statutes is amended to read:

139.31 (1) (b) On cigarettes weighing more than 3 pounds per thousand, 59 77 mills on each cigarette.

16,2843 Section 2843. 139.31 (4) of the statutes is created to read:

139.31 (4) No person may sell or distribute in this state, acquire, store, possess, or transport for sale or distribution in this state, import or cause to be imported into this state for sale or distribution in this state, or affix stamps as described under s. 139.32 to, any of the following:

(a) A cigarette package on which a statement, label, stamp, sticker, or notice indicates that the manufacturer did not intend the cigarettes in the package to be sold, distributed, or used in the United States, including labels stating "for export only," "U.S. tax exempt," "for use outside U.S.," or similar wording.

(b) A cigarette package that does not comply with 15 USC 1333 and 15 USC 1335 or other federal law.

(d) Any cigarettes that are imported into the United States in violation of federal law.

16,2844 Section 2844. 139.31 (5) of the statutes is created to read:

139.31 (5) (a) No person may alter a cigarette package before the sale or distribution to the ultimate consumer so as to remove, conceal, or obscure any of the following:

1. Any statement, label, stamp, sticker, or notice described in sub. (4) (a).

2. Any health warning that is not specified in or that does not conform with the requirements under 15 USC 1333.

(b) No person may affix stamps, as described in s. 139.32, to any cigarette package that is altered as described in par. (a).

16,2845m Section 2845m. 139.31 (6) of the statutes is created to read:

139.31 (6) Subsections (4) and (5) do not apply to cigarettes that may be brought into the United States for personal use and cigarettes that are sold or intended for sale by a duty-free enterprise, as provided under 19 USC 1555, not including cigarettes that are brought into a customs territory, as defined under 19 USC 1555 (2) (b) (C), for resale within the customs territory.

16,2846 Section 2846. 139.34 (3) of the statutes is created to read:

139.34 (3) No distributor may affix stamps to cigarette packages, as provided in s. 139.32, unless the distributor certifies to the department, in a manner prescribed by the department, that the distributor purchases cigarettes directly from a manufacturer.

16,2847m Section 2847m. 139.39 (4m) of the statutes is created to read:

139.39 (4m) Any person who sells, distributes, or manufactures cigarettes and who sustains direct economic or commercial injury as the result of a violation of this chapter may bring an action for injunctive relief.

16,2847n Section 2847n. 139.40 (1) of the statutes is amended to read:

139.40 (1) All cigarettes acquired, owned, imported, possessed, kept, stored, made, sold, distributed or transported in violation of this chapter, and all personal property used in connection therewith is unlawful property and subject to seizure by the secretary or any peace officer. All cigarettes seized for violating s. 139.31 (4) or (5) shall be destroyed.

16,2848m Section 2848m. 139.76 (1) of the statutes is amended to read:

139.76 (1) An excise tax is imposed upon the sale, offering or exposing for sale, possession with intent to sell or removal for consumption or sale or other disposition for any purpose of tobacco products by any person engaged as a distributor of them at the rate of 20% 25% of the manufacturer's established list price to distributors without diminution by volume or other discounts on domestic products. On products imported from another country the rate of tax is 20% 25% of the amount obtained by adding the manufacturer's list price to the federal tax, duties and transportation costs to the United States. The tax attaches at the time the tobacco products are received by the distributor in this state. The tax shall be passed on to the ultimate consumer of the tobacco products. All tobacco products received in this state for sale or distribution within this state, except tobacco products actually sold as provided in sub. (2), shall be subject to such tax.

16,2848n Section 2848n. 139.78 (1) of the statutes is amended to read:

139.78 (1) A tax is imposed upon the use or storage by consumers of tobacco products in this state at the rate of 20% 25% of the cost of the tobacco products. The tax does not apply if the tax imposed by s. 139.76 (1) on the tobacco products has been paid or if the tobacco products are exempt from the tobacco products tax under s. 139.76 (2).

16,2848r Section 2848r. 146.185 (3) of the statutes is amended to read:

146.185 (3) From the appropriation under s. 20.435 (5) (fh) (kb), the department shall in each fiscal year award up to $200,000 in grants for activities to improve the health status of economically disadvantaged minority group members. A person may apply, in the manner specified by the department, for a grant of up to $50,000 in each fiscal year to conduct these activities. A grant awarded An awardee of a grant under this subsection may not exceed 50% of the cost of the activities. An applicant's required contribution for a grant shall provide, for at least 50% of the grant amount, matching funds that may consist of funding or an in-kind contribution. An applicant that is not a federally qualified health center, as defined under 42 CFR 405.2401 (b) shall receive priority for grants awarded under this subsection.

16,2848s Section 2848s. 146.185 (4) of the statutes is amended to read:

146.185 (4) From the appropriation under s. 20.435 (5) (fh) (kb), the department shall award a grant of up to $100,000 $50,000 in each fiscal year to a private nonprofit corporation that applies, in the manner specified by the department, to conduct a public information campaign on minority health.

16,2850 Section 2850. 146.55 (2m) (a) of the statutes is repealed and recreated to read:

146.55 (2m) (a) The department shall contract with a physician to direct the state emergency medical services program. The department may expend from the funding under the federal preventive health services project grant program under 42 USC 2476 under the appropriation under s. 20.435 (1) (mc), $25,000 in each fiscal year for this purpose.

16,2850ag Section 2850ag. 146.56 (1) of the statutes is amended to read:

146.56 (1) Not later than July 1, 2002, the department shall develop and implement a statewide trauma care system. The department shall seek the advice of the statewide trauma advisory council under s. 15.197 (25) in developing and implementing the system , and, as part of the system, shall develop regional trauma advisory councils .

16,2850ah Section 2850ah. 146.56 (2) of the statutes is amended to read:

146.56 (2) The department shall promulgate rules to develop and implement the system. The rules shall include a method by which to classify all hospitals as to their respective emergency care capabilities. The classification rule shall be based on standards developed by the American College of Surgeons. Within 180 days after promulgation of the classification rule, and every 4 3 years thereafter, each hospital shall certify to the department the classification level of trauma care services that is provided by the hospital, based on the rule. The department may require a hospital to document the basis for its certification. The department may not direct a hospital to establish a certain level of certification. Confidential injury data that is collected under this subsection shall be used for confidential review relating to performance improvements in the trauma care system, and may be used for no other purpose.

16,2850bc Section 2850bc. 146.65 of the statutes is created to read:

146.65 Rural health dental clinics. (1) From the appropriation under s. 20.435 (5) (dm), the department shall distribute moneys as follows:

(a) In state fiscal year 2001-02, not more than $618,000 and in fiscal year 2002-03, not more than $232,000, to the rural health dental clinic located in Ladysmith that provides dental services to persons who are developmentally disabled or elderly or who have low income, in the counties of Rusk, Price, Taylor, Sawyer, and Chippewa.

(b) In fiscal year 2001-02, not more than $294,500 and in state fiscal year 2002-03, not more than $355,600, to the rural health dental clinic located in Menomonie that provides dental services to persons who are developmentally disabled or elderly or who have low income, in the counties of Barron, Chippewa, Dunn, Pepin, Pierce, Polk, and St. Croix.

(2) The department shall also seek federal funding to support the operations of the rural health dental clinics under sub. (1).

16,2850bg Section 2850bg. 146.83 (1) (b) of the statutes is amended to read: