Amendment CSA1-SB40

SB40-CSA1, s. 2783 Section 2783. 139.315 (1) of the statutes is amended to read:

SB40-CSA1,1169,3 139.315 (1) Inventory tax imposed. On the effective date of any increase in the sum of the rates under s. 139.31 (1) (a) and (c) or in the sum of the rates under s. 139.31 (1) (b) and (d), an inventory tax is imposed upon cigarettes held in inventory for sale or resale on which the cigarette tax has been paid at the prior rate and upon unaffixed stamps in the possession of distributors. Any person who is in possession of any such cigarettes or unaffixed stamps shall pay the tax imposed under this section. Any person liable for this tax shall determine the number of cigarettes and unaffixed stamps in the person's possession on the effective date of the increase, and by the 15th 30th day after the effective date of the increase the person shall file a return and shall by that date pay the tax due.

SB40-CSA1, s. 2785 Section 2785. 139.32 (5) of the statutes is amended to read:

SB40-CSA1,1169,7 139.32 (5) Manufacturers, bonded direct marketers, and distributors who are authorized by the department to purchase tax stamps shall receive a discount of 1.6% 0.7 percent of the tax paid on stamp purchases.

SB40-CSA1, s. 2785d Section 2785d. 139.75 (5d) of the statutes is created to read:

SB40-CSA1,1169,10 139.75 (5d) "Moist snuff" means any finely cut, ground, or powdered smokeless tobacco that is intended to be placed or dipped in the mouth.

SB40-CSA1, s. 2785e Section 2785e. 139.75 (12) of the statutes is amended to read:

SB40-CSA1,1169,19 139.75 (12) "Tobacco products" means cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready-rubbed and other smoking tobacco; snuff, including moist snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco and other kinds and forms of tobacco prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking; but "tobacco products" does not include cigarettes, as defined under s. 139.30 (1m).

SB40-CSA1, s. 2838d Section 2838d. 139.76 (1) of the statutes is amended to read:

SB40-CSA1,1170,15 139.76 (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, for tobacco products, not including moist snuff, of 25% 50 percent of the manufacturer's established list price to distributors without diminution by volume or other discounts on domestic products and, for moist snuff, at the rate of $1.31 per ounce, and at a proportionate rate for any other quantity or fractional part thereof, of the moist snuff's net weight, as listed by the manufacturer. The tax imposed under this subsection on cigars shall not exceed an amount equal to 50 cents for each cigar. On products imported from another country, not including moist snuff, the rate of tax is 25% 50 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. The weight-based tax imposed under this subsection on moist snuff does not apply to moist snuff that is the inventory of a distributor on the effective date of this subsection .... [revisor inserts date], and for which the tax levied under this subsection, 2005, stats., has been paid.

SB40-CSA1, s. 2840d Section 2840d. 139.78 (1) of the statutes is amended to read:

SB40-CSA1,1170,25 139.78 (1) A tax is imposed upon the use or storage by consumers of tobacco products in this state at the rate, for tobacco products, not including moist snuff, of 25% 50 percent of the cost of the tobacco products and, for moist snuff, at the rate of $1.31 per ounce, and at a proportionate rate for any other quantity or fractional part thereof, of the moist snuff's net weight, as listed by the manufacturer. The tax imposed under this subsection on cigars shall not exceed an amount equal to 50 cents for each cigar. 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-CSA1, s. 2851 Section 2851. 146.19 (title) of the statutes is amended to read:

SB40-CSA1,1171,2 146.19 (title) Cooperative American Indian health projects.

SB40-CSA1, s. 2852 Section 2852. 146.19 (1) (c) of the statutes is amended to read:

SB40-CSA1,1171,5 146.19 (1) (c) "Tribal agency" means an agency of the governing body of created by a tribe.

SB40-CSA1, s. 2853 Section 2853. 146.19 (1) (d) of the statutes is amended to read:

SB40-CSA1,1171,8 146.19 (1) (d) "Tribe" means the governing body of a federally recognized American Indian tribe or band located in this state.

SB40-CSA1, s. 2854 Section 2854. 146.19 (2) (intro.) of the statutes is amended to read:

SB40-CSA1,1171,18 146.19 (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-CSA1, s. 2855 Section 2855. 146.19 (2) (a) of the statutes is repealed.

SB40-CSA1, s. 2856 Section 2856. 146.19 (2) (b) (intro.) of the statutes is repealed.

SB40-CSA1, s. 2857 Section 2857. 146.19 (2) (b) 1. of the statutes is renumbered 146.19 (2) (am).

SB40-CSA1, s. 2858 Section 2858. 146.19 (2) (b) 2. of the statutes is renumbered 146.19 (2) (bm) and amended to read:

SB40-CSA1,1171,25 146.19 (2) (bm) Fund start-up costs of cooperative programs to deliver health care services to American Indians.

SB40-CSA1, s. 2859 Section 2859. 146.19 (2) (b) 3. of the statutes is renumbered 146.19 (2) (c).

SB40-CSA1, s. 2860 Section 2860. 146.19 (2) (d) of the statutes is created to read:

SB40-CSA1,1172,4 146.19 (2) (d) Provide innovative community-based health care services to American Indians.

SB40-CSA1, s. 2861 Section 2861. 146.19 (4) of the statutes is repealed.

SB40-CSA1, s. 2862 Section 2862. 146.40 (4d) (am) of the statutes is amended to read:

SB40-CSA1,1172,13 146.40 (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-CSA1, s. 2863 Section 2863. 146.51 (1m) of the statutes is amended to read:

SB40-CSA1,1172,22 146.51 (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-CSA1, s. 2864 Section 2864. 146.51 (2) of the statutes is amended to read:

SB40-CSA1,1173,2 146.51 (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-CSA1, s. 2865 Section 2865. 146.51 (3) of the statutes is amended to read:

SB40-CSA1,1173,16 146.51 (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-CSA1, s. 2866 Section 2866. 146.52 (1m) of the statutes is amended to read:

SB40-CSA1,1173,25 146.52 (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-CSA1, s. 2869h Section 2869h. 146.57 (3) (a) of the statutes is amended to read:

SB40-CSA1,1174,10 146.57 (3) (a) The department shall implement a statewide poison control system, which shall provide poison control services that are available statewide, on a 24-hour per day and 365-day per year basis and shall provide poison information and education to health care professionals and the public. From the appropriation under s. 20.435 (5) (ds), the department shall, if the requirement under par. (b) is met, distribute total funding of not more than $375,000 $425,000 in each fiscal year to supplement the operation of the system and to provide for the statewide collection and reporting of poison control data. The department may, but need not, distribute all of the funds in each fiscal year to a single poison control center.

SB40-CSA1, s. 2870m Section 2870m. 146.68 of the statutes is created to read:

SB40-CSA1,1174,17 146.68 Grant for colposcopies and other services. From the appropriation under s. 20.435 (5) (dg), 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-CSA1,1174,19 (1) The entity is located in the western or northern public health region of the state, as determined by the department.

SB40-CSA1,1174,22 (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-CSA1, s. 2873 Section 2873. 146.91 (2) (c) of the statutes is repealed.

SB40-CSA1, s. 2874 Section 2874. 146.91 (5) of the statutes is repealed.

SB40-CSA1, s. 2875e Section 2875e. 146.997 (1) (c) of the statutes is amended to read:

SB40-CSA1,1175,6 146.997 (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-CSA1, s. 2876 Section 2876. 149.11 (2) (a) 1. of the statutes is amended to read:

SB40-CSA1,1175,9 149.11 (2) (a) 1. Insurer assessments under s. 149.13 , paid to the authority under s. 20.145 (5) (g).

SB40-CSA1, s. 2877 Section 2877. 149.11 (2) (a) 3. of the statutes is repealed and recreated to read:

SB40-CSA1,1175,12 149.11 (2) (a) 3. Moneys received from the federal government in high risk pool grants.

SB40-CSA1, s. 2878 Section 2878. 149.11 (2) (b) of the statutes is amended to read:

SB40-CSA1,1175,17 149.11 (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-CSA1, s. 2881 Section 2881. 149.12 (2) (f) 2. g. of the statutes is created to read:

SB40-CSA1,1175,20 149.12 (2) (f) 2. g. Benefits under the demonstration project for childless adults under s. 49.45 (23).

SB40-CSA1, s. 2882 Section 2882. 149.12 (2) (g) 3. of the statutes is amended to read:

SB40-CSA1,1175,24 149.12 (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-CSA1, s. 2883 Section 2883. 149.12 (3) (a) of the statutes is amended to read:

SB40-CSA1,1176,6 149.12 (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-CSA1, s. 2884 Section 2884. 149.12 (3) (c) of the statutes is created to read:

SB40-CSA1,1176,11 149.12 (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-CSA1, s. 2885 Section 2885. 149.13 (3) (a) of the statutes is amended to read:

SB40-CSA1,1176,18 149.13 (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-CSA1, s. 2892 Section 2892. 149.143 (1) (intro.) of the statutes is amended to read:

SB40-CSA1,1176,25 149.143 (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-CSA1, s. 2893 Section 2893. 149.143 (2) (intro.) of the statutes is amended to read:

SB40-CSA1,1177,5 149.143 (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-CSA1, s. 2894h Section 2894h. 149.165 (4) of the statutes is created to read:

SB40-CSA1,1177,19 149.165 (4) If an eligible person who is receiving a premium subsidy under this section as of the implementation date for the demonstration project for childless adults under s. 49.45 (23) voluntarily terminates coverage under the plan and enrolls in the demonstration project for childless adults under s. 49.45 (23), the authority shall transfer to the department of health and family services an amount that is equal to the subsidy amount to which the person would have been entitled under this section on the date on which the person enrolls in the project under s. 49.45 (23) had he or she not terminated coverage under the plan. For as long as the person is enrolled in the project under s. 49.45 (23), the authority shall continue to transfer that subsidy amount to the department of health and family services at the same time intervals as the person would have received the subsidy under this section. The department of health and family services shall credit the amounts transferred under this subsection to the appropriation account under s. 20.435 (4) (jz).

SB40-CSA1, s. 2895h Section 2895h. Subchapter IV of chapter 149 [precedes 149.60] of the statutes is repealed.

SB40-CSA1, s. 2898g Section 2898g. 150.84 (2) of the statutes is amended to read:

SB40-CSA1,1178,3 150.84 (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-CSA1, s. 2898h Section 2898h. 153.05 (2r) (intro.) of the statutes, as affected by 2005 Wisconsin Act 228, is amended to read:

SB40-CSA1,1178,14 153.05 (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-CSA1, s. 2898r Section 2898r. 155.01 (6) of the statutes is amended to read:

SB40-CSA1,1178,21 155.01 (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-CSA1, s. 2902 Section 2902. 165.08 of the statutes is amended to read:

SB40-CSA1,1179,5 165.08 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-CSA1, s. 2904 Section 2904. 165.25 (11) of the statutes is created to read:

SB40-CSA1,1179,9 165.25 (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-CSA1, s. 2905 Section 2905. 165.72 (3) of the statutes is amended to read:

SB40-CSA1,1179,14 165.72 (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-CSA1, s. 2906 Section 2906. 165.85 (3) (cm) of the statutes is amended to read:

SB40-CSA1,1180,6 165.85 (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-CSA1, s. 2907 Section 2907. 165.85 (3m) (a) of the statutes is amended to read:

SB40-CSA1,1180,18 165.85 (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-CSA1, s. 2908 Section 2908. 165.85 (3m) (b) 1. of the statutes is amended to read: