139.78 (1m) Except as provided in s. 139.76 (2), no person other than a distributor with a valid permit under s. 139.79 may import into this state tobacco products for which the tax imposed under s. 139.76 (1) has not been paid.
SECTION 72. 139.79 (title) of the statutes is amended to read:
139.79 (title) Permits; distributor; direct marketer; subjobber.
SECTION 73. 139.79 (1) of the statutes is amended to read:
139.79 (1) No person may engage in the business of a distributor, direct marketer, or subjobber of tobacco products at any place of business unless that person has filed an application for and obtained a permit from the department to engage in that business at such place.
SECTION 74. 139.79 (2) of the statutes is amended to read:
139.79 (2) Section 139.34 (1) (b) (c) to (f), (4) and (9) applies to the permits under this section.
SECTION 75. 139.795 of the statutes is created to read:
139.795 Direct marketing. (1) (a) No person may sell tobacco products by direct marketing to consumers in this state as a direct marketer or solicit sales of tobacco products to consumers in this state by direct marketing unless the person has obtained a permit from the department to make such sales or solicitations. The person shall file an application for a permit under this subsection with the department, in the manner prescribed by the department, and shall submit a $500 fee with the application.
(b) No person may be issued a permit under this subsection unless the person holds a valid distributor's permit under s. 139.79. Section 139.34 (1) (c) to (f), (7), and (9), as it applies to permits issued under s. 139.34, applies to permits issued under this subsection.
(c) A permit issued under this subsection expires on December 31 of each year.
(d) No person may be issued a permit under this subsection unless the person certifies to the department, in the manner prescribed by the department, that all tobacco product sales to consumers in this state shall be credit card transactions; that the invoices and all means of solicitation for all shipments of tobacco product sales from the person shall bear the person's name and address and permit ultimately issued under this subsection; and that the person shall provide the department any information the department considers necessary to administer this section.
(2) No person may sell tobacco products to consumers in this state by direct marketing unless the tax imposed under s. 139.76, and under s. 77.52 or 77.53, has been paid with regard to such products.
(3) No person may sell tobacco products to a consumer in this state by direct marketing unless the person does all of the following:
(a) The person uses a mechanism, approved by the department, to verify the consumer's age.
(b) The person receives from the consumer, at the time of purchase, a copy or facsimile of an identification card, the name specified on the identification matches the name of the consumer.
(c) The person uses a mechanism, other than a mechanism under par. (a) or (b), for verifying the age and identity of a consumer that is approved by the department.
(4) Any person who, without having a valid permit under sub. (1), sells or solicits sales of tobacco products to consumers in this state by direct marketing shall pay a penalty to the department of $5,000 or an amount that is equal to 50 percent of the tax due on the tobacco products the person sold, without having a valid permit under sub. (1), to consumers in this state by direct marketing, whichever is greater.
(5) No tobacco products may be shipped or delivered to a person who is under 18 years of age and no tobacco products may be shipped to a post-office box. Every package used to ship tobacco products that are sold as provided under this section and delivered to a person in this state shall be clearly labeled to indicate that the package contains tobacco products and may not be delivered to a person who is under 18 years of age.
SECTION 76. 139.81 (1) of the statutes is amended to read:
139.81 (1) No person may sell or take orders for tobacco products for resale or solicit sales of tobacco products 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 solicit sales of tobacco products 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. No person may authorize the sale or solicitation of tobacco products in this state unless the person has filed an application for and obtained a valid certificate under s. 73.03 (50) and a valid permit under s. 139.79. Each application for a permit shall disclose the name and address of the employer or the person for whom the salesperson is soliciting and shall remain effective only while the salesperson represents the named employer or person. If the salesperson is thereafter employed by another manufacturer or permittee person 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.
SECTION 77. 139.81 (2) of the statutes is amended to read:
139.81 (2) Section 139.34 (1) (b) (c) to (e) applies to the permits under this section.
SECTION 78. 254.911 (1) of the statutes is amended to read:
254.911 (1) "Cigarette" has the meaning given in s. 139.30 (1) (1m).
SECTION 79. 891.455 (4) of the statutes is amended to read:
891.455 (4) The presumption under sub. (2) for cancers caused by smoking or tobacco product use shall not apply to any municipal fire fighter who smokes cigarettes, as defined in s. 139.30 (1) (1m), or who uses a tobacco product, as defined in s. 139.75 (12), after January 1, 2001.
SECTION 9441. Effective dates; revenue.
(1) DIRECT MARKETING OF CIGARETTES AND TOBACCO PRODUCTS. The repeal of section 139.34 (1) (b) and 139.34 (1) (c) 1. to 6. of the statutes, the renumbering of section 139.30 (1) of the statutes, the amendment of sections 77.61 (11), 134.65 (1), 134.65 (2) (a), 134.65 (5), 134.66 (1) (a), 134.66 (2) (a), 134.66 (2) (am), 134.66 (2) (d), 134.66 (2) (e), 139.30 (3), 139.30 (7), 139.30 (10), 139.32 (1), 139.32 (4), 139.32 (5), 139.32 (5m), 139.32 (6), 139.321 (1) (intro.), 139.321 (1) (a) 1., 139.33 (3), 139.34 (1) (a), 139.34 (1) (c) (intro.), 139.34 (3), 139.34 (4), 139.34 (6), 139.34 (8), 139.35 (1), 139.37 (1) (a), 139.38 (1), 139.38 (2), 139.39 (6), 139.395, 139.40 (2), 139.44 (3), 139.44 (4), 139.44 (7), 139.45, 139.75 (2), 139.75 (4) (a), 139.75 (4) (c), 139.75 (7), 139.75 (8), 139.75 (12), 139.79 (title), 139.79 (1), 139.79 (2), 139.81 (1), 139.81 (2), 254.911 (1) and 891.455 (4), of the statutes and the creation of sections 134.65 (1n), 134.65 (1r), 134.66 (1) (am), 134.66 (3m), 139.30 (1d), 139.30 (1s), 139.30 (2n), 139.30 (2nn), 139.30 (2p), 139.30 (4n), 139.30 (8s), 139.34 (1) (c) 1m., 139.34 (1) (c) 2m., 139.34 (1) (c) 3m., 139.34 (1) (cm), 139.345, 139.38 (1m), 139.44 (6m), 139.75 (3g), 139.75 (3r), 139.75 (4) (cm), 139.75 (4n), 139.75 (5s), 139.76 (3), 139.78 (1m) and 139.795 of the statutes take effect on July 1, 2006.
(End)
LRB-1602LRB-1602/3
RCT:cjs:rs
2005 - 2006 LEGISLATURE
DOA:......Walker, BB0416 - Environmental fund transfer to general fund
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
State Government
State finance
This bill transfers $4,200,000 in fiscal year 2005-06 and $800,000 in fiscal year 2006-07 from the environmental fund to the general fund.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 9235. Appropriation changes; natural resources.
(1) ENVIRONMENTAL FUND TRANSFER. There is transferred from the environmental fund to the general fund $4,200,000 in fiscal year 2005-06 and $800,000 in fiscal year 2006-07.
(End)
LRB-1603LRB-1603/8
RCT:jld:pg
2005 - 2006 LEGISLATURE
DOA:......Walker, BB0415 - Petroleum inspection fund transfer to general fund
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
State Government
State finance
This bill transfers $10,860,600 in fiscal year 2005-06 and $20,000,000 in fiscal year 2006-07 from the petroleum inspection fund to the general fund.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 9208. Appropriation changes; commerce.
(1) PETROLEUM INSPECTION FUND TRANSFER. There is transferred from the petroleum inspection fund to the general fund $10,860,600 in fiscal year 2005-06 and $20,000,000 in fiscal year 2006-07.
(End)
LRB-1606LRB-1606/2
MJL:wlj:ch
2005 - 2006 LEGISLATURE
DOA:......Binau, BB0366 - Transfer of OSHA program
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Education
Higher education
Currently DHFS and the Department of Commerce, in conjunction with the UW System's State Laboratory of Hygiene (lab), conduct federal Occupational Safety and Health Administration (OSHA) testing, pursuant to a contract with OSHA. This bill transfers the entire responsibility for this testing, along with incumbent employees and positions, to the lab.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 9152. Nonstatutory provisions; University of Wisconsin System.
(1) OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION TESTING.
(a) Positions and employees.
1. The authorized FTE positions for the department of health and family services, funded from the appropriations under section 20.435 (1) (a), (gm), and (m) of the statutes, are decreased by 10.5 FTE positions, for the purpose of providing occupational safety and health administration testing.
2. The authorized FTE positions for the department of commerce, funded from the appropriation under section 20.143 (3) (m) of the statutes, are decreased by 9.0 FTE positions, for the purpose of providing occupational safety and health administration testing.
3. The authorized FTE positions for the state laboratory of hygiene, funded from the appropriation under section 20.285 (1) (fd) of the statutes, are increased by 0.95 FTE position, for the purpose of providing occupational safety and health administration testing.
4. The authorized FTE positions for the state laboratory of hygiene, funded from the appropriation under section 20.285 (1) (i) of the statutes, are increased by 0.5 position, for the purpose of providing occupational safety and health administration testing.
5. The authorized FTE positions for the state laboratory of hygiene, funded from the appropriation under section 20.285 (1) (m) of the statutes, are increased by 21.55 FTE positions, for the purpose of providing occupational safety and health administration testing.
6. All incumbent employees in the departments of health and family services and commerce who perform occupational safety and health administration testing are transferred on the effective date of this subdivision to the state laboratory of hygiene. Employees transferred under this subdivision have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the employment commission that they enjoyed before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class must serve a probationary period.
(b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, that relates to occupational safety and health administration testing of the departments of health and family services and commerce is transferred to the state laboratory of hygiene.
(c) Contracts. All contracts entered into by the departments of health and family services and commerce that relate to occupational safety and health administration testing and that are in effect on the effective date of this paragraph remain in effect and are transferred to the state laboratory of hygiene. The state laboratory of hygiene shall carry out any obligations under such a contract until the state laboratory of hygiene modifies or rescinds the contract to the extent allowed.
(End)
LRB-1607LRB-1607/11
RAC:jld&wlj:pg
2005 - 2006 LEGISLATURE
DOA:......Kraus - Lapses from Program Revenue Appropriation Accounts
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
State government
State finance
