SB40-ASA1,1467,1111 1. The person is at least 21 years old.
SB40-ASA1,1467,1412 2. The person has been employed full time for at least 3 years in a pharmacy
13or with a wholesale prescription drug distributor in a capacity related to the
14dispensing and distribution of, and record keeping related to, prescription drugs.
SB40-ASA1,1467,1615 3. The person is employed by the applicant full time in a managerial level
16position.
SB40-ASA1,1467,2217 4. The person is physically present at the wholesale prescription drug
18distributor's facility during regular business hours and is involved in and aware of
19the daily operation of the wholesale prescription drug distributor. This subdivision
20does not preclude the designated representative from taking authorized sick leave
21and vacation time or from being absent from the facility for other authorized
22business or personal purposes.
SB40-ASA1,1467,2423 5. The person is actively involved in and aware of the daily operations of the
24wholesale distributor.
SB40-ASA1,1468,4
16. The person is a designated representative for only one applicant at any given
2time. This subdivision does not apply if more than one wholesale distributor is
3located at the facility and the wholesale distributors located at the facility are
4members of an affiliated group.
SB40-ASA1,1468,75 7. The person has not been convicted of violating any federal, state, or local law
6relating to wholesale or retail prescription drug distribution or distribution of a
7controlled substance.
SB40-ASA1,1468,88 8. The person has not been convicted of a felony.
SB40-ASA1,1468,159 9. The person submits to the department 2 fingerprint cards, each bearing a
10complete set of the applicant's fingerprints. The department of justice shall provide
11for the submission of the fingerprint cards to the federal bureau of investigation for
12the purposes of verifying the identity of the applicant and obtaining the applicant's
13criminal arrest and conviction record. This subdivision does not apply to a person
14accredited by the national association of boards of pharmacy's verified-accredited
15wholesale distributor program.
SB40-ASA1,1468,21 16(3m) Notwithstanding subs. (2) and (3), the board may grant a license to
17engage in the wholesale distribution of prescription drugs to a person who is
18domiciled in another state and is licensed to engage in the wholesale distribution of
19prescription drugs in another state, if the board determines that the standards for
20licensure in the state in which the person is licensed are at least as stringent as the
21standards for licensure under this section.
SB40-ASA1,1468,23 22(4) The board may set, by rule, continuing education requirements for
23designated representatives under this section.
SB40-ASA1,1469,5 24(5) (a) The board shall require every wholesale distributor to submit a surety
25bond acceptable to the board in an amount not to exceed $100,000 or other equivalent

1means of security acceptable to the board, except that the board shall not require
2submission of a bond or other security under this subsection by a chain pharmacy
3warehouse that is engaged only in intracompany transfers. A wholesale distributor
4that operates more than one facility is not required to submit a bond or other security
5under this paragraph for each facility.
SB40-ASA1,1469,116 (b) The bond or other security under this subsection shall be used to secure
7payment of fees or costs that relate to the issuance of a license under this section and
8that have not been paid within 30 days after the fees or costs have become final. No
9claim may be made against a wholesale distributor's bond or other security under
10this subsection more than one year after the date on which the wholesale
11distributor's license expires.
SB40-ASA1,1469,1412 (6) Applications for licensure under this section are not subject to inspection
13or copying under s. 19.35, and may not be disclosed to any person except as necessary
14for compliance with and enforcement of the provisions of this chapter.
SB40-ASA1, s. 3530g 15Section 3530g. 450.072 of the statutes is created to read:
SB40-ASA1,1470,7 16450.072 Wholesale distributors; restrictions on transactions. (1) A
17wholesale distributor shall receive prescription drug returns or exchanges from a
18pharmacy, a person authorized to administer or dispense drugs, or a pharmacy's
19intracompany warehouse pursuant to the terms and conditions of the agreement
20between the wholesale distributor and the pharmacy or chain pharmacy warehouse.
21A wholesale distributor that receives returns of expired, damaged, recalled, or
22otherwise nonsaleable prescription drugs may distribute the prescription drugs only
23to the original manufacturer of the products or to a 3rd party returns processor.
24Notwithstanding s. 450.073, returns or exchanges of saleable or nonsaleable
25prescription drugs, including any redistribution by a receiving wholesaler, are not

1subject to pedigree requirements under s. 450.073 if the returns or exchanges are
2exempt from the pedigree requirement under the federal food and drug
3administration's current guidance on the federal prescription drug marketing act.
4A person licensed under s. 450.071 or a pharmacy or other person authorized to
5administer or dispense drugs shall ensure that the person or pharmacy's return
6process is secure and does not permit the entry of adulterated and counterfeit
7products.
SB40-ASA1,1470,14 8(2) (a) A manufacturer or wholesale distributor may not deliver prescription
9drugs to a person unless the person is licensed under s. 450.071, s. 450.06, or by the
10appropriate licensing authority of another state. A manufacturer or wholesale
11distributor may not deliver prescription drugs to a person that is not known to the
12manufacturer or wholesale distributor unless the manufacturer or wholesale
13distributor has verified with the board or with the licensing authority of the state in
14which the person in located that the person is licensed to receive prescription drugs.
SB40-ASA1,1470,1915 (b) A manufacturer or wholesale distributor may distribute a prescription drug
16only to the premises listed on the person's license or authorization, except that a
17manufacturer or wholesale distributor may distribute the prescription drugs to an
18authorized agent of the person at the premises of the manufacturer or wholesale
19distributor if all of the following are true:
SB40-ASA1,1470,2120 1. The manufacturer or wholesale distributor documents the authorized
21agent's name and address.
SB40-ASA1,1470,2322 2. Distribution to an authorized agent is necessary to promote or protect the
23immediate health or safety of the authorized agent's patient.
SB40-ASA1,1471,824 (c) A manufacturer or wholesale distributor may distribute a prescription drug
25to a hospital pharmacy receiving area if a licensed pharmacist or another authorized

1recipient signs, at the time of the distribution, a receipt that shows the type and
2quantity of prescription drugs distributed. If there is a discrepancy between the type
3and quantity of prescription drugs indicated on the receipt and the type and quantity
4of prescription drugs received at the hospital pharmacy receiving area, the
5discrepancy shall be reported to the manufacturer or wholesale distributor that
6distributed the prescription drugs no later than the day immediately following the
7date on which the prescription drugs were distributed to the hospital pharmacy
8receiving area.
SB40-ASA1,1471,149 (d) No manufacturer or wholesale distributor may accept payment for, or allow
10the use of, a person's credit to establish an account for the purchase of a prescription
11drug from any person other than the owner of record, the chief executive officer, or
12the chief financial officer identified on the license or authorization of a person who
13may receive prescription drugs. Any account established for the purchase of
14prescription drugs shall bear the name of the licensed or authorized person.
SB40-ASA1, s. 3530h 15Section 3530h. 450.073 of the statutes is created to read:
SB40-ASA1,1471,23 16450.073 Wholesale distributors; pedigree. (1) A wholesale distributor
17shall establish and maintain a pedigree for each prescription drug that leaves, or has
18ever left, the normal distribution channel. Before a wholesale distribution of a
19prescription drug leaves the normal distribution channel, a wholesale distributor
20shall provide a copy of the pedigree to the person receiving the drug. This section
21does not apply to a retail pharmacy or pharmacy intracompany warehouse unless the
22pharmacy or pharmacy intracompany warehouse engages in the wholesale
23distribution of prescription drugs.
SB40-ASA1,1472,4 24(2) A pedigree shall contain all necessary identifying information concerning
25each sale in the chain of the distribution of the prescription drug from the

1manufacturer of the prescription drug or the manufacturers 3rd-party logistics
2provider, colicensed product partner, or exclusive distributor until final sale or
3distribution to a pharmacy or a person dispensing or distributing the prescription
4drug. The pedigree shall include all of the following:
SB40-ASA1,1472,75 (a) The name, address, telephone number, and, if available, electronic mail
6address of each recipient or distributor of the prescription drug in the chain of
7distribution, until the final sale or distribution described in sub. (2) (intro.).
SB40-ASA1,1472,98 (b) The name and address of each facility from which the prescription drug was
9distributed, if different from the address provided in par. (a).
SB40-ASA1,1472,1010 (c) The date of each distribution.
SB40-ASA1,1472,1211 (d) A certification that every recipient has authenticated the pedigree before
12distribution of the prescription drug to the next point in the chain of distribution.
SB40-ASA1,1472,1413 (e) The name, dosage strength, size and number of containers, lot number, and
14name of the manufacturer for each prescription drug.
SB40-ASA1,1472,20 15(3) The board shall promulgate rules implementing an electronic track and
16trace pedigree system. Not later than July 1, 2009, the board shall determine the
17date on which the system will be implemented. The system may not be implemented
18before July 1, 2010, and the board may delay the implementation date by one or more
19periods of one year if the board determines that the technology to implement the
20system is not yet universally available across the prescription drug supply chain.
SB40-ASA1,1473,2 21(4) A person who is engaged in the wholesale distribution of a prescription
22drug, including a repackager but not including the original manufacturer of the
23prescription drug, who possesses a pedigree for the prescription drug, and who
24intends to further distribute the prescription drug, shall verify that each transaction

1recorded on the pedigree has occurred before the person may distribute the
2prescription drug.
SB40-ASA1,1473,6 3(5) (a) A pedigree shall be maintained by a person who purchases prescription
4drugs identified in the pedigree and by a wholesale distributor who distributes
5prescription drugs identified in the pedigree for not less than 3 years from the date
6of sale or distribution.
SB40-ASA1,1473,97 (b) A person maintaining a pedigree under par. (a) shall make the pedigree
8available for inspection or use by a law enforcement officer within 7 days after the
9law enforcement officer's request.
SB40-ASA1, s. 3530i 10Section 3530i. 450.074 of the statutes is created to read:
SB40-ASA1,1473,17 11450.074 Wholesale distributors; prohibited actions, enforcement,
12penalties.
(1) If the board finds that there is a reasonable probability that a
13wholesale distributor, other than a manufacturer, has done any of the following, that
14continued distribution of a prescription drug involved in the occurrence could cause
15death or serious adverse health consequences, and that additional procedures would
16result in an unreasonable delay, the board shall issue an order requiring that
17distribution of a prescription drug in this state cease immediately:
SB40-ASA1,1473,1818 (a) Violated a provision of ss. 450.071 to 450.073.
SB40-ASA1,1473,2119 (b) Falsified a pedigree or sold, distributed, transferred, manufactured,
20repackaged, handled, or held a counterfeit prescription drug intended for human
21use.
SB40-ASA1,1474,2 22(2) If the board issues an order under sub. (1), the board shall provide the
23person who is the subject of the order an opportunity for an informal hearing not
24more than 10 days after the date on which the order is issued. If, after a hearing, the

1board determines that the order was issued without sufficient grounds, the board
2shall vacate the order.
SB40-ASA1,1474,4 3(3) Any person who knowingly does any of the following is guilty of a Class H
4felony:
SB40-ASA1,1474,55 (a) Fails to obtain a license required under s. 450.071.
SB40-ASA1,1474,76 (b) Purchases or otherwise receives a prescription drug from a pharmacy in
7violation of s. 450.072 (1).
SB40-ASA1,1474,98 (c) Violates s. 450.072 (2) (a), if the person is required to obtain a license under
9s. 450.071.
SB40-ASA1,1474,1010 (d) Violates s. 450.072 (2) (b).
SB40-ASA1,1474,1111 (e) Violates s. 450.072 (2) (d).
SB40-ASA1,1474,1212 (f) Violates s. 450.073.
SB40-ASA1,1474,1413 (g) Provides false or fraudulent records to, or makes a false or fraudulent
14statement to, the board, a representative of the board, or a federal official.
SB40-ASA1,1474,1715 (h) Obtains or attempts to obtain a prescription drug by fraud, deceit, or
16misrepresentation, or engages in misrepresentation or fraud in the distribution of
17a prescription drug.
SB40-ASA1,1474,2218 (i) Manufactures, repackages, sells, transfers, delivers, holds, or offers for sale
19a prescription drug that is adulterated, misbranded, counterfeit, suspected of being
20counterfeit, or otherwise unfit for distribution, except for wholesale distribution by
21a manufacturer of a prescription drug that has been delivered into commerce
22pursuant to an application approved by the federal food and drug administration.
SB40-ASA1,1475,223 (j) Adulterates, misbrands, or counterfeits a prescription drug, except for
24wholesale distribution by a manufacturer of a prescription drug that has been

1delivered into commerce pursuant to an application approved by the federal food and
2drug administration.
SB40-ASA1,1475,53 (k) Receives a prescription drug that has been adulterated, misbranded, stolen,
4obtained by fraud or deceit, counterfeited, or suspected of being counterfeited, and
5delivers or proffers such a drug.
SB40-ASA1,1475,86 (L) Alters, mutilates, destroys, obliterates, or removes any part of the labeling
7of a prescription drug or commits another act that results in the misbranding of a
8prescription drug.
SB40-ASA1,1475,12 9(4) Subsection (3) does not apply to a prescription drug manufacturer or an
10agent of a prescription drug manufacturer, if the manufacturer or agent is obtaining
11or attempting to obtain a prescription drug for the sole purpose of testing the
12authenticity of the prescription drug.
SB40-ASA1, s. 2704 13Section 2704. 551.32 (1) (bm) 2. b. of the statutes is amended to read:
SB40-ASA1,1475,1614 551.32 (1) (bm) 2. b. The division may disclose information under subd. 1. a.
15to the department of workforce development children and families in accordance
16with a memorandum of understanding under s. 49.857.
SB40-ASA1, s. 2705 17Section 2705. 551.32 (1) (bs) 1. of the statutes is amended to read:
SB40-ASA1,1475,2318 551.32 (1) (bs) 1. If an applicant for the issuance or renewal of a license under
19this section is an individual who does not have a social security number, the
20applicant, as a condition of applying for or applying to renew the license, shall submit
21a statement made or subscribed under oath or affirmation to the division that the
22applicant does not have a social security number. The form of the statement shall
23be prescribed by the department of workforce development children and families.
SB40-ASA1, s. 2706 24Section 2706. 551.34 (1m) (a) 3. of the statutes is amended to read:
SB40-ASA1,1476,10
1551.34 (1m) (a) 3. The applicant is an individual who fails to comply, after
2appropriate notice, with a subpoena or warrant issued by the department of
3workforce development children and families or a county child support agency under
4s. 59.53 (5) and related to paternity or child support proceedings or who is delinquent
5in making court-ordered payments of child or family support, maintenance, birth
6expenses, medical expenses or other expenses related to the support of a child or
7former spouse, as provided in a memorandum of understanding entered into under
8s. 49.857. An applicant whose application is denied under this subdivision for
9delinquent payments is entitled to a notice and hearing under s. 49.857 but is not
10entitled to any other notice or hearing under this section.
SB40-ASA1, s. 2707 11Section 2707. 551.34 (1m) (b) of the statutes is amended to read:
SB40-ASA1,1476,2412 551.34 (1m) (b) Unless s. 551.32 (1) (bs) 1. applies to the licensee, the division
13shall restrict or suspend a license under this subchapter if the licensee is an
14individual who fails to provide his or her social security number. The division shall
15restrict or suspend a license under this subchapter if the licensee is an individual
16who fails to comply, after appropriate notice, with a subpoena or warrant issued by
17the department of workforce development children and families or a county child
18support agency under s. 59.53 (5) and related to paternity or child support
19proceedings or who is delinquent in making court-ordered payments of child or
20family support, maintenance, birth expenses, medical expenses or other expenses
21related to the support of a child or former spouse, as provided in a memorandum of
22understanding entered into under s. 49.857. A licensee whose license is restricted
23or suspended under this paragraph is entitled to a notice and hearing under s. 49.857
24but is not entitled to any other notice or hearing under this section.
SB40-ASA1, s. 2708 25Section 2708. 551.52 (2) of the statutes is amended to read:
SB40-ASA1,1477,9
1551.52 (2) Every applicant for an initial or renewal license under s. 551.32 shall
2pay a filing fee of $200 in the case of a broker-dealer or investment adviser and $30
3$60 in the case of an agent representing a broker-dealer or issuer or an investment
4adviser representative. Every federal covered adviser in this state that is required
5to make a notice filing under s. 551.32 (1m) shall pay an initial or renewal notice
6filing fee of $200. A broker-dealer, investment adviser, or federal covered adviser
7maintaining a branch office within this state shall pay an additional filing fee of $30
8for each branch office. When an application is denied, or an application or a notice
9filing is withdrawn, the filing fee shall be retained.
SB40-ASA1, s. 3563s 10Section 3563s. 560.031 of the statutes is amended to read:
SB40-ASA1,1477,15 11560.031 Grants for ethanol production facilities. Notwithstanding ss.
12560.135 (2), 560.138 (2) (a), and 560.17 (3), the department may not make a grant for
13an ethanol production facility on which construction begins after July 27, 2005,
14unless a competitive bidding process is used for the construction of the ethanol
15production facility.
SB40-ASA1, s. 2709 16Section 2709. 560.045 (1) of the statutes is amended to read:
SB40-ASA1,1477,2017 560.045 (1) To the extent allowed under federal law or regulation, the
18department shall give priority in the awarding of grants under housing programs to
19grants for projects related to the redevelopment of brownfields, as defined in s.
20560.60 (1v) 560.13 (1) (a).
SB40-ASA1, s. 3564m 21Section 3564m. 560.12 of the statutes is repealed.
SB40-ASA1, s. 3564p 22Section 3564p. 560.125 (3) (c) of the statutes is amended to read:
SB40-ASA1,1478,223 560.125 (3) (c) The applicant pays 30 50 percent of the eligible costs for each
24idling reduction unit covered by a grant under this section without the use of grants,

1loans, or other financial assistance from this state or from a local governmental unit
2in this state.
SB40-ASA1, s. 3564q 3Section 3564q. 560.125 (4) (c) (intro.) of the statutes is amended to read:
SB40-ASA1,1478,74 560.125 (4) (c) (intro.) Subject to par. (d), the department may make a grant
5grants under this section from July 1, 2007, to June 30. 2011, of 70 50 percent of the
6eligible costs for a total of not more than the following number of idling reduction
7units per applicant:
SB40-ASA1, s. 3564r 8Section 3564r. 560.125 (4) (c) 6. a. of the statutes is repealed and recreated
9to read:
SB40-ASA1,1478,1010 560.125 (4) (c) 6. a. Thirty.
SB40-ASA1, s. 3564s 11Section 3564s. 560.125 (4) (c) 7. of the statutes is renumbered 560.125 (4) (c)
127. (intro.) and amended to read:
SB40-ASA1,1478,1413 560.125 (4) (c) 7. (intro.) If the applicant owns and operates more than 2,500
14truck tractors with post-1998 diesel truck engines, 3 the greater of the following:
SB40-ASA1,1478,16 15b. Three percent of the number of truck tractors with post-1998 diesel truck
16engines that the applicant owns and operates.
SB40-ASA1, s. 3564t 17Section 3564t. 560.125 (4) (c) 7. a. of the statutes is created to read:
SB40-ASA1,1478,1818 560.125 (4) (c) 7. a. One-hundred twenty-five.
SB40-ASA1, s. 3565g 19Section 3565g. 560.13 (2) (a) (intro.) of the statutes is amended to read:
SB40-ASA1,1478,2220 560.13 (2) (a) (intro.) Subject to subs. (4) and (5), from the appropriations
21appropriation under s. 20.143 (1) (br) and (qm) the department may make a grant
22to a person if all of the following apply:
SB40-ASA1, s. 3566m 23Section 3566m. 560.135 of the statutes is repealed.
SB40-ASA1, s. 2710 24Section 2710. 560.14 (1) (ar) of the statutes is amended to read:
SB40-ASA1,1479,2
1560.14 (1) (ar) "Brownfields" has the meaning given in s. 560.60 (1v) 560.13 (1)
2(a)
.
SB40-ASA1, s. 2711 3Section 2711. 560.145 of the statutes is repealed.
SB40-ASA1, s. 2712 4Section 2712. 560.147 of the statutes is repealed.
SB40-ASA1, s. 2713 5Section 2713. 560.15 (2) (d) of the statutes is repealed.
SB40-ASA1, s. 2714 6Section 2714. 560.16 of the statutes is repealed.
SB40-ASA1, s. 2715 7Section 2715. 560.17 (1) (am) of the statutes is amended to read:
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