Amendment ASA1-SB40

SB40-ASA1,1472,20 (3) The board shall promulgate rules implementing an electronic track and trace pedigree system. Not later than July 1, 2009, the board shall determine the date on which the system will be implemented. The system may not be implemented before July 1, 2010, and the board may delay the implementation date by one or more periods of one year if the board determines that the technology to implement the system is not yet universally available across the prescription drug supply chain.

SB40-ASA1,1473,2 (4) A person who is engaged in the wholesale distribution of a prescription drug, including a repackager but not including the original manufacturer of the prescription drug, who possesses a pedigree for the prescription drug, and who intends to further distribute the prescription drug, shall verify that each transaction recorded on the pedigree has occurred before the person may distribute the prescription drug.

SB40-ASA1,1473,6 (5) (a) A pedigree shall be maintained by a person who purchases prescription drugs identified in the pedigree and by a wholesale distributor who distributes prescription drugs identified in the pedigree for not less than 3 years from the date of sale or distribution.

SB40-ASA1,1473,9 (b) A person maintaining a pedigree under par. (a) shall make the pedigree available for inspection or use by a law enforcement officer within 7 days after the law enforcement officer's request.

SB40-ASA1, s. 3530i Section 3530i. 450.074 of the statutes is created to read:

SB40-ASA1,1473,17 450.074 Wholesale distributors; prohibited actions, enforcement, penalties. (1) If the board finds that there is a reasonable probability that a wholesale distributor, other than a manufacturer, has done any of the following, that continued distribution of a prescription drug involved in the occurrence could cause death or serious adverse health consequences, and that additional procedures would result in an unreasonable delay, the board shall issue an order requiring that distribution of a prescription drug in this state cease immediately:

SB40-ASA1,1473,18 (a) Violated a provision of ss. 450.071 to 450.073.

SB40-ASA1,1473,21 (b) Falsified a pedigree or sold, distributed, transferred, manufactured, repackaged, handled, or held a counterfeit prescription drug intended for human use.

SB40-ASA1,1474,2 (2) If the board issues an order under sub. (1), the board shall provide the person who is the subject of the order an opportunity for an informal hearing not more than 10 days after the date on which the order is issued. If, after a hearing, the board determines that the order was issued without sufficient grounds, the board shall vacate the order.

SB40-ASA1,1474,4 (3) Any person who knowingly does any of the following is guilty of a Class H felony:

SB40-ASA1,1474,5 (a) Fails to obtain a license required under s. 450.071.

SB40-ASA1,1474,7 (b) Purchases or otherwise receives a prescription drug from a pharmacy in violation of s. 450.072 (1).

SB40-ASA1,1474,9 (c) Violates s. 450.072 (2) (a), if the person is required to obtain a license under s. 450.071.

SB40-ASA1,1474,10 (d) Violates s. 450.072 (2) (b).

SB40-ASA1,1474,11 (e) Violates s. 450.072 (2) (d).

SB40-ASA1,1474,12 (f) Violates s. 450.073.

SB40-ASA1,1474,14 (g) Provides false or fraudulent records to, or makes a false or fraudulent statement to, the board, a representative of the board, or a federal official.

SB40-ASA1,1474,17 (h) Obtains or attempts to obtain a prescription drug by fraud, deceit, or misrepresentation, or engages in misrepresentation or fraud in the distribution of a prescription drug.

SB40-ASA1,1474,22 (i) Manufactures, repackages, sells, transfers, delivers, holds, or offers for sale a prescription drug that is adulterated, misbranded, counterfeit, suspected of being counterfeit, or otherwise unfit for distribution, except for wholesale distribution by a manufacturer of a prescription drug that has been delivered into commerce pursuant to an application approved by the federal food and drug administration.

SB40-ASA1,1475,2 (j) Adulterates, misbrands, or counterfeits a prescription drug, except for wholesale distribution by a manufacturer of a prescription drug that has been delivered into commerce pursuant to an application approved by the federal food and drug administration.

SB40-ASA1,1475,5 (k) Receives a prescription drug that has been adulterated, misbranded, stolen, obtained by fraud or deceit, counterfeited, or suspected of being counterfeited, and delivers or proffers such a drug.

SB40-ASA1,1475,8 (L) Alters, mutilates, destroys, obliterates, or removes any part of the labeling of a prescription drug or commits another act that results in the misbranding of a prescription drug.

SB40-ASA1,1475,12 (4) Subsection (3) does not apply to a prescription drug manufacturer or an agent of a prescription drug manufacturer, if the manufacturer or agent is obtaining or attempting to obtain a prescription drug for the sole purpose of testing the authenticity of the prescription drug.

SB40-ASA1, s. 2704 Section 2704. 551.32 (1) (bm) 2. b. of the statutes is amended to read:

SB40-ASA1,1475,16 551.32 (1) (bm) 2. b. The division may disclose information under subd. 1. a. to the department of workforce development children and families in accordance with a memorandum of understanding under s. 49.857.

SB40-ASA1, s. 2705 Section 2705. 551.32 (1) (bs) 1. of the statutes is amended to read:

SB40-ASA1,1475,23 551.32 (1) (bs) 1. If an applicant for the issuance or renewal of a license under this section is an individual who does not have a social security number, the applicant, as a condition of applying for or applying to renew the license, shall submit a statement made or subscribed under oath or affirmation to the division 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.

SB40-ASA1, s. 2706 Section 2706. 551.34 (1m) (a) 3. of the statutes is amended to read:

SB40-ASA1,1476,10 551.34 (1m) (a) 3. The applicant is an individual who 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 or who is delinquent in making 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, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose application is denied under this subdivision for delinquent payments is entitled to a notice and hearing under s. 49.857 but is not entitled to any other notice or hearing under this section.

SB40-ASA1, s. 2707 Section 2707. 551.34 (1m) (b) of the statutes is amended to read:

SB40-ASA1,1476,24 551.34 (1m) (b) Unless s. 551.32 (1) (bs) 1. applies to the licensee, the division shall restrict or suspend a license under this subchapter if the licensee is an individual who fails to provide his or her social security number. The division shall restrict or suspend a license under this subchapter if the licensee is an individual who 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 or who is delinquent in making 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, as provided in a memorandum of understanding entered into under s. 49.857. A licensee whose license is restricted or suspended under this paragraph is entitled to a notice and hearing under s. 49.857 but is not entitled to any other notice or hearing under this section.

SB40-ASA1, s. 2708 Section 2708. 551.52 (2) of the statutes is amended to read:

SB40-ASA1,1477,9 551.52 (2) Every applicant for an initial or renewal license under s. 551.32 shall pay a filing fee of $200 in the case of a broker-dealer or investment adviser and $30 $60 in the case of an agent representing a broker-dealer or issuer or an investment adviser representative. Every federal covered adviser in this state that is required to make a notice filing under s. 551.32 (1m) shall pay an initial or renewal notice filing fee of $200. A broker-dealer, investment adviser, or federal covered adviser maintaining a branch office within this state shall pay an additional filing fee of $30 for each branch office. When an application is denied, or an application or a notice filing is withdrawn, the filing fee shall be retained.

SB40-ASA1, s. 3563s Section 3563s. 560.031 of the statutes is amended to read:

SB40-ASA1,1477,15 560.031 Grants for ethanol production facilities. Notwithstanding ss. 560.135 (2), 560.138 (2) (a), and 560.17 (3), the department may not make a grant for an ethanol production facility on which construction begins after July 27, 2005, unless a competitive bidding process is used for the construction of the ethanol production facility.

SB40-ASA1, s. 2709 Section 2709. 560.045 (1) of the statutes is amended to read:

SB40-ASA1,1477,20 560.045 (1) To the extent allowed under federal law or regulation, the department shall give priority in the awarding of grants under housing programs to grants for projects related to the redevelopment of brownfields, as defined in s. 560.60 (1v) 560.13 (1) (a).

SB40-ASA1, s. 3564m Section 3564m. 560.12 of the statutes is repealed.

SB40-ASA1, s. 3564p Section 3564p. 560.125 (3) (c) of the statutes is amended to read:

SB40-ASA1,1478,2 560.125 (3) (c) The applicant pays 30 50 percent of the eligible costs for each idling reduction unit covered by a grant under this section without the use of grants, loans, or other financial assistance from this state or from a local governmental unit in this state.

SB40-ASA1, s. 3564q Section 3564q. 560.125 (4) (c) (intro.) of the statutes is amended to read:

SB40-ASA1,1478,7 560.125 (4) (c) (intro.) Subject to par. (d), the department may make a grant grants under this section from July 1, 2007, to June 30. 2011, of 70 50 percent of the eligible costs for a total of not more than the following number of idling reduction units per applicant:

SB40-ASA1, s. 3564r Section 3564r. 560.125 (4) (c) 6. a. of the statutes is repealed and recreated to read:

SB40-ASA1,1478,10 560.125 (4) (c) 6. a. Thirty.

SB40-ASA1, s. 3564s Section 3564s. 560.125 (4) (c) 7. of the statutes is renumbered 560.125 (4) (c) 7. (intro.) and amended to read:

SB40-ASA1,1478,14 560.125 (4) (c) 7. (intro.) If the applicant owns and operates more than 2,500 truck tractors with post-1998 diesel truck engines, 3 the greater of the following:

SB40-ASA1,1478,16 b. Three percent of the number of truck tractors with post-1998 diesel truck engines that the applicant owns and operates.

SB40-ASA1, s. 3564t Section 3564t. 560.125 (4) (c) 7. a. of the statutes is created to read:

SB40-ASA1,1478,18 560.125 (4) (c) 7. a. One-hundred twenty-five.

SB40-ASA1, s. 3565g Section 3565g. 560.13 (2) (a) (intro.) of the statutes is amended to read:

SB40-ASA1,1478,22 560.13 (2) (a) (intro.) Subject to subs. (4) and (5), from the appropriations appropriation under s. 20.143 (1) (br) and (qm) the department may make a grant to a person if all of the following apply:

SB40-ASA1, s. 3566m Section 3566m. 560.135 of the statutes is repealed.

SB40-ASA1, s. 2710 Section 2710. 560.14 (1) (ar) of the statutes is amended to read:

SB40-ASA1,1479,2 560.14 (1) (ar) "Brownfields" has the meaning given in s. 560.60 (1v) 560.13 (1) (a).

SB40-ASA1, s. 2711 Section 2711. 560.145 of the statutes is repealed.

SB40-ASA1, s. 2712 Section 2712. 560.147 of the statutes is repealed.

SB40-ASA1, s. 2713 Section 2713. 560.15 (2) (d) of the statutes is repealed.

SB40-ASA1, s. 2714 Section 2714. 560.16 of the statutes is repealed.

SB40-ASA1, s. 2715 Section 2715. 560.17 (1) (am) of the statutes is amended to read:

SB40-ASA1,1479,9 560.17 (1) (am) "Brownfields" has the meaning given in s. 560.60 (1v) 560.13 (1) (a).

SB40-ASA1, s. 2716 Section 2716. 560.17 (1) (bm) of the statutes is amended to read:

SB40-ASA1,1479,13 560.17 (1) (bm) "Job" has the meaning given in s. 560.60 (10) means a position providing full-time equivalent employment. "Job" does not include initial training before an employment position begins.

SB40-ASA1, s. 2717 Section 2717. 560.175 of the statutes is repealed.

SB40-ASA1, s. 2718 Section 2718. 560.204 of the statutes is created to read:

SB40-ASA1,1479,19 560.204 Hardware and software used to maintain medical records. (1) The department shall implement a program to certify health care providers as eligible for the electronic medical records credit under ss. 71.07 (5i), 71.28 (5i), and 71.47 (5i).

SB40-ASA1,1479,23 (2) If the department certifies a health care provider under sub. (1), the department shall determine the amount of credits to allocate to the health care provider. The total amount of electronic medical records credits allocated to health care providers in any year may not exceed $10,000,000.

SB40-ASA1,1480,3 (3) The department shall inform the department of revenue of every health care provider certified under sub. (1) and the amount of credits allocated to the health care provider.

SB40-ASA1,1480,5 (4) The department, in consultation with the department of revenue, shall promulgate rules to administer this section.

SB40-ASA1, s. 2719 Section 2719. 560.205 (3) (d) of the statutes is amended to read:

SB40-ASA1,1480,21 560.205 (3) (d) Rules. The department of commerce, in consultation with the department of revenue, shall promulgate rules to administer this section. The rules shall further define "bona fide angel investment" for purposes of s. 71.07 (5d) (a) 1. The rules shall limit the aggregate amount of tax credits under s. 71.07 (5d) that may be claimed for investments in businesses certified under sub. (1) at $3,000,000 per calendar year for calendar years beginning after December 31, 2004 . The, and $5,500,000 per calendar year for calendar years beginning after December 31, 2007. The rules shall also limit the aggregate amount of the tax credits under ss. 71.07 (5b), 71.28 (5b), and 71.47 (5b) that may be claimed for investments paid to fund managers certified under sub. (2) at $3,500,000 per calendar year for calendar years beginning after December 31, 2004, and $6,000,000 per calendar year for calendar years beginning after December 31, 2007. The rules shall also provide that, for calendar years beginning after December 31, 2007, no person may receive a credit under ss. 71.07 (5b) and (5d), 71.28 (5b), or 71.47 (5b) unless the person's investment is kept in a certified business, or with a certified fund manager, for no less than 3 years.

SB40-ASA1, s. 2720 Section 2720. 560.26 of the statutes is repealed.

SB40-ASA1, s. 2721 Section 2721. 560.275 (4) (e) of the statutes is amended to read:

SB40-ASA1,1481,3 560.275 (4) (e) Entrepreneurial and technology transfer grants. The total amount of grants under sub. (2) (e) may not exceed $500,000 $600,000 in any fiscal year.

SB40-ASA1, s. 3581a Section 3581a. Subchapter II (title) of chapter 560 [precedes 560.30] of the statutes is renumbered 560.29 (title).

SB40-ASA1, s. 3581b Section 3581b. 560.30 (intro.) of the statutes is renumbered 560.29 (1) (intro.) and amended to read:

SB40-ASA1,1481,9 560.29 Certified capital companies. (1) Definitions. (intro.) In this subchapter section:

SB40-ASA1, s. 3581c Section 3581c. 560.30 (1) of the statutes is repealed.

SB40-ASA1, s. 3581d Section 3581d. 560.30 (2) of the statutes is renumbered 560.29 (1) (a) and amended to read:

SB40-ASA1,1481,15 560.29 (1) (a) "Certified capital company" means a person that has been certified by the department under s. 560.31, 2005 stats., and that has not been decertified under s. 560.37 (3) or (3m), 2005 stats.

SB40-ASA1, s. 3581e Section 3581e. 560.30 (3) of the statutes is repealed.

SB40-ASA1, s. 3581f Section 3581f. 560.30 (4) of the statutes is renumbered 560.29 (1) (b) and amended to read:

SB40-ASA1,1481,22 560.29 (1) (b) "Certified capital investment" means an investment in a certified capital company that is certified under s. 560.32 (2), 2005 stats., and that fully funds either the investor's equity interest in a certified capital company, a qualified debt instrument that a certified capital company issues, or both.

SB40-ASA1, s. 3581g Section 3581g. 560.30 (5) of the statutes is renumbered 560.29 (1) (c).

SB40-ASA1, s. 3581h Section 3581h. 560.30 (6) of the statutes is renumbered 560.29 (1) (d).

SB40-ASA1, s. 3581i Section 3581i. 560.30 (7) of the statutes is renumbered 560.29 (1) (e).

SB40-ASA1, s. 3581j Section 3581j. 560.30 (8) of the statutes is renumbered 560.29 (1) (f) and amended to read:

SB40-ASA1,1482,4 560.29 (1) (f) "Qualified business" means a business which is a qualified business under s. 560.33, 2005 stats.

SB40-ASA1, s. 3581k Section 3581k. 560.30 (9) of the statutes is repealed.

SB40-ASA1, s. 3581L Section 3581L. 560.30 (10) of the statutes is repealed.