Amendment ASA1-SB40

SB40-ASA1,1254,7 139.455 Revenue distribution. From the taxes collected under this subchapter, in fiscal year 2007-08, the department shall deposit no more than $324,000,000 into the general fund and the remainder into the health care quality fund. From the taxes collected under this subchapter, in fiscal year 2008-09, and in each subsequent fiscal year thereafter, the department shall deposit no more than $325,000,000 into the general fund and the remainder into the health care quality fund.

SB40-ASA1, s. 2359 Section 2359. 139.76 (1) of the statutes is amended to read:

SB40-ASA1,1254,20 139.76 (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 25% 65.6 percent 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 25% 65.6 percent 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.

SB40-ASA1, s. 2360 Section 2360. 139.78 (1) of the statutes is amended to read:

SB40-ASA1,1255,2 139.78 (1) A tax is imposed upon the use or storage by consumers of tobacco products in this state at the rate of 25% 65.6 percent 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).

SB40-ASA1, s. 2361 Section 2361. 139.865 of the statutes is created to read:

SB40-ASA1,1255,10 139.865 Revenue distribution. From the taxes collected under this subchapter, in fiscal year 2007-08, the department shall deposit no more than $18,400,000 into the general fund and the remainder into the health care quality fund. From the taxes collected under this subchapter, in fiscal year 2008-09, and in each subsequent fiscal year thereafter, the department shall deposit no more than $19,300,000 into the general fund and the remainder into the health care quality fund.

SB40-ASA1, s. 2362 Section 2362. 146.19 (title) of the statutes is amended to read:

SB40-ASA1,1255,12 146.19 (title) Cooperative American Indian health projects.

SB40-ASA1, s. 2363 Section 2363. 146.19 (1) (c) of the statutes is amended to read:

SB40-ASA1,1255,15 146.19 (1) (c) "Tribal agency" means an agency of the governing body of created by a tribe.

SB40-ASA1, s. 2364 Section 2364. 146.19 (1) (d) of the statutes is amended to read:

SB40-ASA1,1255,18 146.19 (1) (d) "Tribe" means the governing body of a federally recognized American Indian tribe or band located in this state.

SB40-ASA1, s. 2365 Section 2365. 146.19 (2) (intro.) of the statutes is amended to read:

SB40-ASA1,1256,3 146.19 (2) Cooperative American Indian health project grants. (intro.) From the appropriation under s. 20.435 (5) (ke), the department shall award grants for cooperative American Indian health projects in order to promote cooperation among tribes, tribal agencies, inter-tribal organizations and other agencies and organizations in addressing address specific problem areas in the field of American Indian health. A tribe, tribal agency, or inter-tribal organization may apply, in the manner specified by the department, for a grant of up to $10,000 to conduct a cooperative an American Indian health project , which meets all of the following requirements that is designed to do any of the following:

SB40-ASA1, s. 2366 Section 2366. 146.19 (2) (a) of the statutes is repealed.

SB40-ASA1, s. 2367 Section 2367. 146.19 (2) (b) (intro.) of the statutes is repealed.

SB40-ASA1, s. 2368 Section 2368. 146.19 (2) (b) 1. of the statutes is renumbered 146.19 (2) (am).

SB40-ASA1, s. 2369 Section 2369. 146.19 (2) (b) 2. of the statutes is renumbered 146.19 (2) (bm) and amended to read:

SB40-ASA1,1256,10 146.19 (2) (bm) Fund start-up costs of cooperative programs to deliver health care services to American Indians.

SB40-ASA1, s. 2370 Section 2370. 146.19 (2) (b) 3. of the statutes is renumbered 146.19 (2) (c).

SB40-ASA1, s. 2371 Section 2371. 146.19 (2) (d) of the statutes is created to read:

SB40-ASA1,1256,14 146.19 (2) (d) Provide innovative community-based health care services to American Indians.

SB40-ASA1, s. 2372 Section 2372. 146.19 (4) of the statutes is repealed.

SB40-ASA1, s. 2373 Section 2373. 146.40 (4d) (am) of the statutes is amended to read:

SB40-ASA1,1256,23 146.40 (4d) (am) If an individual who applies for a certification or approval under par. (a) does not have a social security number, the individual, as a condition of obtaining certification or approval, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A certification or approval issued in reliance upon a false statement submitted under this paragraph is invalid.

SB40-ASA1, s. 2374 Section 2374. 146.51 (1m) of the statutes is amended to read:

SB40-ASA1,1257,8 146.51 (1m) If an individual who applies for or to renew a license, training permit or certification under sub. (1) does not have a social security number, the individual, as a condition of obtaining the license, training permit or certification, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A license, training permit or certification issued or renewed in reliance upon a false statement submitted under this subsection is invalid.

SB40-ASA1, s. 2375 Section 2375. 146.51 (2) of the statutes is amended to read:

SB40-ASA1,1257,13 146.51 (2) The department of health and family services may not disclose any information received under sub. (1) to any person except to the department of workforce development children and families for the purpose of making certifications required under s. 49.857.

SB40-ASA1, s. 2376 Section 2376. 146.51 (3) of the statutes is amended to read:

SB40-ASA1,1258,2 146.51 (3) The department of health and family services shall deny an application for the issuance or renewal of a license, training permit or certification specified in sub. (1), shall suspend a license, training permit or certification specified in sub. (1) or may, under a memorandum of understanding under s. 49.857 (2), restrict a license, training permit or certification specified in sub. (1) if the department of workforce development children and families certifies under s. 49.857 that the applicant for or holder of the license, training permit or certification is delinquent in the payment of court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings.

SB40-ASA1, s. 2377 Section 2377. 146.52 (1m) of the statutes is amended to read:

SB40-ASA1,1258,11 146.52 (1m) If an individual who applies for or to renew a license, training permit or certificate under sub. (1) does not have a social security number, the individual, as a condition of obtaining the license, training permit or certificate, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A license, training permit or certificate issued or renewed in reliance upon a false statement submitted under this subsection is invalid.

SB40-ASA1, s. 2378 Section 2378. 146.55 (4) (a) of the statutes is amended to read:

SB40-ASA1,1258,20 146.55 (4) (a) From the appropriation under s. 20.435 (5) (ch) (rb), the department shall annually distribute funds for ambulance service vehicles or vehicle equipment, emergency medical services supplies or equipment or emergency medical training for personnel to an ambulance service provider that is a public agency, a volunteer fire department or a nonprofit corporation, under a funding formula consisting of an identical base amount for each ambulance service provider plus a supplemental amount based on the population of the ambulance service provider's primary service or contract area, as established under s. 146.50 (5).

SB40-ASA1, s. 2379 Section 2379. 146.55 (5) (a) of the statutes is amended to read:

SB40-ASA1,1259,3 146.55 (5) (a) From the appropriation under s. 20.435 (5) (ch) (rb), the department shall annually distribute funds to ambulance service providers that are public agencies, volunteer fire departments, or nonprofit corporations to purchase the training required for licensure and renewal of licensure as an emergency medical technician - basic under s. 146.50 (6), and to pay for administration of the examination required for licensure or renewal of licensure as an emergency medical technician - basic under s. 146.50 (6) (a) 3. and (b) 1.

SB40-ASA1, s. 2380 Section 2380. 146.58 (8) of the statutes is amended to read:

SB40-ASA1,1259,6 146.58 (8) Review the annual budget prepared by the department for the expenditures under s. 20.435 (5) (ch) (rb).

SB40-ASA1, s. 2870m Section 2870m. 146.68 of the statutes is created to read:

SB40-ASA1,1259,12 146.68 Grant for colposcopies and other services. From the appropriation under s. 20.435 (4) (xf), the department shall provide $100,000 in fiscal year 2007-08 and $75,000 in each subsequent fiscal year to an entity that satisfies the following criteria to provide colposcopic examinations and to provide services to medical assistance recipients or persons who are eligible for medical assistance:

SB40-ASA1,1259,14 (1) The entity is located in the western or northern public health region of the state, as determined by the department.

SB40-ASA1,1259,17 (2) The entity provides Papanicolaou tests, and at least 50 percent of the persons for whom the entity provides Papanicolaou tests are recipients of medical assistance or are eligible for medical assistance.

SB40-ASA1, s. 2381 Section 2381. 146.91 (2) (c) of the statutes is repealed.

SB40-ASA1, s. 2382 Section 2382. 146.91 (5) of the statutes is repealed.

SB40-ASA1, s. 2383 Section 2383. 146.99 of the statutes is repealed.

SB40-ASA1, s. 2875e Section 2875e. 146.997 (1) (c) of the statutes is amended to read:

SB40-ASA1,1260,2 146.997 (1) (c) "Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health complex or other place licensed or approved by the department of health and family services under s. 49.70, 49.71, 49.72, 50.03, 50.35, 51.08 or 51.09 or a facility under s. 45.50, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.

SB40-ASA1, s. 2384 Section 2384. 149.11 (2) (a) 1. of the statutes is amended to read:

SB40-ASA1,1260,5 149.11 (2) (a) 1. Insurer assessments under s. 149.13 , paid to the authority under s. 20.145 (5) (g).

SB40-ASA1, s. 2385 Section 2385. 149.11 (2) (a) 3. of the statutes is repealed and recreated to read:

SB40-ASA1,1260,8 149.11 (2) (a) 3. Moneys received from the federal government in high risk pool grants.

SB40-ASA1, s. 2386 Section 2386. 149.11 (2) (b) of the statutes is amended to read:

SB40-ASA1,1260,13 149.11 (2) (b) The authority controls the assets of the fund and shall select regulated financial institutions in this state that receive deposits in which to establish and maintain accounts for assets needed on a current basis. If practicable, the accounts shall earn interest.

SB40-ASA1, s. 2387 Section 2387. 149.12 (2) (f) 2. g. of the statutes is created to read:

SB40-ASA1,1260,16 149.12 (2) (f) 2. g. Benefits under the demonstration project for childless adults under s. 49.45 (23).

SB40-ASA1, s. 2388 Section 2388. 149.12 (2) (g) 3. of the statutes is amended to read:

SB40-ASA1,1260,20 149.12 (2) (g) 3. Services provided under a waiver requested under 2001 Wisconsin Act 16, section 9123 (16rs), or 2003 Wisconsin Act 33, section 9124 (8c) the disabled children's long-term support program, as defined in s. 46.011 (1g).

SB40-ASA1, s. 2389 Section 2389. 149.12 (3) (a) of the statutes is amended to read:

SB40-ASA1,1261,2 149.12 (3) (a) Except as provided in pars. (b) and (bm) to (c), no person is eligible for coverage under the plan for whom a premium, deductible, or coinsurance amount is paid or reimbursed by a federal, state, county, or municipal government or agency as of the first day of any term for which a premium amount is paid or reimbursed and as of the day after the last day of any term during which a deductible or coinsurance amount is paid or reimbursed.

SB40-ASA1, s. 2390 Section 2390. 149.12 (3) (c) of the statutes is created to read:

SB40-ASA1,1261,7 149.12 (3) (c) Persons for whom premium costs for health insurance coverage and copayments for certain prescription drugs are paid under the pilot program under s. 49.686 (6) are not ineligible for coverage under the plan by reason of such payments.

SB40-ASA1, s. 2391 Section 2391. 149.13 (3) (a) of the statutes is amended to read:

SB40-ASA1,1261,14 149.13 (3) (a) Each insurer's proportion of participation under sub. (2) shall be determined annually by the commissioner based on annual statements and other reports filed by the insurer with the commissioner. The commissioner shall assess an insurer for the insurer's proportion of participation based on the total assessments estimated by the authority. An insurer shall pay the amount of the assessment directly to the authority.

SB40-ASA1, s. 2392 Section 2392. 149.143 (1) (intro.) of the statutes is amended to read:

SB40-ASA1,1261,21 149.143 (1) Costs excluding subsidies. (intro.) The authority shall pay plan costs, excluding any premium, deductible, and copayment subsidies, first from any federal funds, if any, that are transferred to the fund under s. 20.145 (5) (m) and under s. 149.11 (2) (a) 3. that exceed premium, deductible, and copayment subsidy costs in a policy year. The remainder of the plan costs, excluding premium, deductible, and copayment subsidy costs, shall be paid as follows:

SB40-ASA1, s. 2393 Section 2393. 149.143 (2) (intro.) of the statutes is amended to read:

SB40-ASA1,1262,2 149.143 (2) Subsidy costs. (intro.) The authority shall pay for premium, deductible, and copayment subsidies in a policy year first from any federal funds, if any, that are transferred to the fund under s. 20.145 (5) (m) under s. 149.11 (2) (a) 3. received in that year. The remainder of the subsidy costs shall be paid as follows:

SB40-ASA1, s. 2895h Section 2895h. Subchapter IV of chapter 149 [precedes 149.60] of the statutes is repealed.

SB40-ASA1, s. 2898g Section 2898g. 150.84 (2) of the statutes is amended to read:

SB40-ASA1,1262,11 150.84 (2) "Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center or other place licensed or approved by the department under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08 or 51.09 or a facility under s. 45.50, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.

SB40-ASA1, s. 2898h Section 2898h. 153.05 (2r) (intro.) of the statutes, as affected by 2005 Wisconsin Act 228, is amended to read:

SB40-ASA1,1262,22 153.05 (2r) (intro.) Notwithstanding s. 16.75 (1), (2), and (3m), from the appropriation account under s. 20.515 (1) (ut) the department of employee trust funds may expend up to $150,000, and from the appropriation accounts under s. 20.435 (1) (hg) and (hi) the department of health and family services, in its capacity as a public health authority, may expend moneys, to contract with a data organization to perform services under this chapter that are specified for the data organization under sub. (1) (c) or, if s. 153.455 (4) applies, for the department of health and family services to perform or contract for the performance of these services. As condition of the contract under this subsection, all of the following apply:

SB40-ASA1, s. 2898p Section 2898p. 153.05 (2r) (intro.) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-ASA1,1263,9 153.05 (2r) (intro.) Notwithstanding s. 16.75 (1), (2), and (3m), from the appropriation account under s. 20.515 (1) (ut) the department of employee trust funds may expend up to $150,000, and from the appropriation accounts under s. 20.435 (1) (hg) and (hi) the department of health and family services, in its capacity as a public health authority, may expend moneys, to contract with a data organization to perform services under this chapter that are specified for the data organization under sub. (1) (c) or, if s. 153.455 (4) applies, for the department of health and family services to perform or contract for the performance of these services. As condition of the contract under this subsection, all of the following apply:

SB40-ASA1, s. 2898r Section 2898r. 155.01 (6) of the statutes is amended to read:

SB40-ASA1,1263,16 155.01 (6) "Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center or other place licensed or approved by the department under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08 or 51.09 or a facility under s. 45.50, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.

SB40-ASA1, s. 2394 Section 2394. 165.08 of the statutes is amended to read:

SB40-ASA1,1263,25 165.08 Power to compromise. Any civil action prosecuted by the department by direction of any officer, department, board or commission, shall be compromised or discontinued when so directed by such officer, department, board or commission. Any Except as provided in s. 20.931 (7) (b), any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of the governor. In any criminal action prosecuted by the attorney general, the department shall have the same powers with reference to such action as are vested in district attorneys.

SB40-ASA1, s. 2395 Section 2395. 165.25 (11) of the statutes is created to read:

SB40-ASA1,1264,4 165.25 (11) False claims. Diligently investigate possible violations of s. 20.931, and, if the department determines that a person has committed an act that is punishable under s. 20.931, may bring a civil action against that person.

SB40-ASA1, s. 2396 Section 2396. 165.72 (3) of the statutes is amended to read:

SB40-ASA1,1264,9 165.72 (3) Reward payment program. The department shall administer a reward payment program. Under the program, the department may offer and pay rewards from the appropriation under s. 20.455 (2) (e) (m) for information under sub. (2) (a) leading to the arrest and conviction of a person for a violation of ch. 961.

SB40-ASA1, s. 2397 Section 2397. 165.85 (3) (cm) of the statutes is amended to read:

SB40-ASA1,1265,2 165.85 (3) (cm) Decertify law enforcement, tribal law enforcement, jail or secure detention officers who terminate employment or are terminated, who violate or fail to comply with a rule or order of the board relating to curriculum or training, who fail to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or who fail to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings. The board shall establish procedures for decertification in compliance with ch. 227, except that decertification for failure to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or for failure to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings shall be done as provided under sub. (3m) (a).

SB40-ASA1, s. 2398 Section 2398. 165.85 (3m) (a) of the statutes is amended to read:

SB40-ASA1,1265,14 165.85 (3m) (a) As provided in a memorandum of understanding entered into with the department of workforce development children and families under s. 49.857, refuse certification to an individual who applies for certification under this section, refuse recertification to an individual certified under this section or decertify an individual certified under this section if the individual fails to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or if the individual fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings.

SB40-ASA1, s. 2399 Section 2399. 165.85 (3m) (b) 1. of the statutes is amended to read: