Amendment SSA1-AB75

AB75-SSA1,1281,22 125.69 (1) (c) No manufacturer, rectifier, winery, or out-of-state shipper permittee, whether located within or without this state, may hold any direct or indirect interest in any wholesale permit or establishment. Except as provided in pars. (a) and (b) 4. and s. 125.53, no retail licensee may hold any direct or indirect interest in any manufacturer, rectifier, winery, or out-of-state shipper permittee.

AB75-SSA1, s. 2332 Section 2332. 139.31 (1) (a) of the statutes is amended to read:

AB75-SSA1,1281,25 139.31 (1) (a) On cigarettes weighing not more than 3 pounds per thousand, 88.5 126 mills on each cigarette.

AB75-SSA1, s. 2333 Section 2333. 139.31 (1) (b) of the statutes is amended to read:

AB75-SSA1,1282,3 139.31 (1) (b) On cigarettes weighing more than 3 pounds per thousand, 177 252 mills on each cigarette.

AB75-SSA1, s. 2335 Section 2335. 139.32 (5) of the statutes is amended to read:

AB75-SSA1,1282,7 139.32 (5) Manufacturers, bonded direct marketers, and distributors who are authorized by the department to purchase tax stamps shall receive a discount of 0.7 0.5 percent of the tax paid on stamp purchases.

AB75-SSA1, s. 2338 Section 2338. 139.323 (3) of the statutes is amended to read:

AB75-SSA1,1282,11 139.323 (3) The land on which the sale occurred was designated a reservation or trust land on or before January 1, 1983, or on a later date as determined by an agreement between the department and the tribal council.

AB75-SSA1, s. 2392 Section 2392. 139.76 (1) of the statutes is amended to read:

AB75-SSA1,1283,6 139.76 (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 50 71 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 $1.87 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 71 cents for each cigar. On products imported from another country, not including moist snuff, the rate of tax is 50 71 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 apply to moist snuff that is the inventory of a distributor on January 1, 2008, and for which the tax levied under this subsection, 2005, stats., has been paid.

AB75-SSA1, s. 2394 Section 2394. 139.765 of the statutes is created to read:

AB75-SSA1,1283,14 139.765 Moist snuff inventory tax imposed. (1) On the effective date of any increase in the sum of the rate under s. 139.76 (1), an inventory tax is imposed upon moist snuff held in inventory for sale or resale on which the moist snuff tax has been paid at the prior rate and in the possession of distributors. Any person liable for this tax shall determine the ounces of moist snuff in the person's possession on the effective date of the increase, and by the 30th day after the effective date of the increase the person shall file a return and shall by that date pay the tax due.

AB75-SSA1,1283,17 (2) The moist snuff inventory tax under this section is computed by multiplying the ounces of moist snuff held in inventory for sale by the difference between the prior tax rate and the new tax rate.

AB75-SSA1,1283,21 (3) Sections 71.74 (1), (2), (10), (11), (13) and (14), 71.75 (4) to (7), 71.80 (12), 71.82 (2), 71.83 (2) (b) 3., 71.88 (1) (a) and (2) (a), 71.89, 71.90, 71.91 (1) (a) and (c) and (2) to (7), 71.92, 73.01, 73.015, and 73.0301, as they apply to income and franchise taxes, apply to the tax imposed under this section.

AB75-SSA1,1284,6 (4) Any person who fails to file a moist snuff tax return when due shall pay a late filing fee of $10. A return that is mailed is timely if it is mailed in a properly addressed envelope with postage prepaid, if the envelope is postmarked, or marked or recorded electronically as provided under section 7502 (f) (2) (c) of the Internal Revenue Code, on the due date and if the return is actually received by the department or at the destination that the department prescribes no later than 5 days after the due date. A return that is not mailed is timely if it is received on or before the due date by the department or at the destination that the department prescribes. For purposes of this subsection, "mailed" includes delivery by a delivery service designated under section 7502 (f) of the Internal Revenue Code.

AB75-SSA1,1284,9 (5) If any person does not timely pay the tax imposed under this section, that person is liable for interest at the rate of 1.5 percent per month or fraction of a month from the date the tax is due until the date when the tax is paid.

AB75-SSA1,1284,12 (6) If any person who is liable for the tax under this section files a false or fraudulent return, that person is also liable, in addition to the tax due, for an amount equal to the amount of tax the person evaded or attempted to evade.

AB75-SSA1, s. 2395 Section 2395. 139.78 (1) of the statutes is amended to read:

AB75-SSA1,1284,22 139.78 (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 50 71 percent of the cost of the tobacco products and, for moist snuff, at the rate of $1.31 $1.87 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 71 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).

AB75-SSA1, s. 2401 Section 2401. 139.803 (3) of the statutes is amended to read:

AB75-SSA1,1285,3 139.803 (3) The land on which the sale occurred was designated a reservation or trust land on or before January 1, 1983, or on a later date as determined by an agreement between the department and the tribal council.

AB75-SSA1, s. 2406 Section 2406. 145.08 (1) (intro.) of the statutes is amended to read:

AB75-SSA1,1285,9 145.08 (1) (intro.) The department shall fix, by rule, the amount of the establish fees by rule for the examinations, licenses, and registrations specified in this section. The fees specified in this section are not returnable and may not exceed the amounts stated in this section as follows established by the department shall as closely as possible equal the cost of providing the following services:

AB75-SSA1, s. 2407 Section 2407. 145.08 (1) (a) of the statutes is amended to read:

AB75-SSA1,1285,12 145.08 (1) (a) For Administering a master plumber's examination, $50. For each subsequent examination, $30.

AB75-SSA1, s. 2408 Section 2408. 145.08 (1) (b) of the statutes is amended to read:

AB75-SSA1,1285,16 145.08 (1) (b) For Issuing a master plumber's license, $500, and $500 for each renewal of the 4-year license if application is made prior to the date of expiration; after that date an additional fee of $20.

AB75-SSA1, s. 2409 Section 2409. 145.08 (1) (c) of the statutes is amended to read:

AB75-SSA1,1285,19 145.08 (1) (c) For Administering a journeyman plumber's examination, $30. For each subsequent examination, $20.

AB75-SSA1, s. 2410 Section 2410. 145.08 (1) (d) of the statutes is amended to read:

AB75-SSA1,1285,23 145.08 (1) (d) For Issuing a journeyman plumber's license, $180, and $180 for each renewal of the 4-year license if application is made prior to the date of expiration; after that date an additional fee of $10.

AB75-SSA1, s. 2411 Section 2411. 145.08 (1) (e) of the statutes is amended to read:

AB75-SSA1,1286,4 145.08 (1) (e) For Issuing a temporary permit pending examination and issuance of a license for master plumber, $400; for or journeyman $150 and which shall also cover the examination fee prescribed and the license fee for the 4-year period in which issued plumber.

AB75-SSA1, s. 2412 Section 2412. 145.08 (1) (f) of the statutes is amended to read:

AB75-SSA1,1286,7 145.08 (1) (f) For Administering a master plumber's (restricted) examination, $50. For each subsequent examination, $30.

AB75-SSA1, s. 2413 Section 2413. 145.08 (1) (g) of the statutes is amended to read:

AB75-SSA1,1286,11 145.08 (1) (g) For Issuing a master plumber's license (restricted), $500, and $500 for each renewal of the 4-year license if application is made prior to the date of expiration; after that date an additional fee of $20.

AB75-SSA1, s. 2414 Section 2414. 145.08 (1) (h) of the statutes is amended to read:

AB75-SSA1,1286,14 145.08 (1) (h) For Administering a journeyman plumber's (restricted) examination, $30. For each subsequent examination, $20.

AB75-SSA1, s. 2415 Section 2415. 145.08 (1) (i) of the statutes is amended to read:

AB75-SSA1,1286,18 145.08 (1) (i) For Issuing a journeyman plumber's license (restricted), $180, and $180 for each renewal of the 4-year license if application is made prior to the date of expiration; after that date an additional fee of $10.

AB75-SSA1, s. 2416 Section 2416. 145.08 (1) (k) of the statutes is amended to read:

AB75-SSA1,1286,21 145.08 (1) (k) For Administering an automatic fire sprinkler contractor's examination, $100.

AB75-SSA1, s. 2417 Section 2417. 145.08 (1) (L) of the statutes is amended to read:

AB75-SSA1,1286,25 145.08 (1) (L) For Issuing an automatic fire sprinkler contractor's license, $2,000, and $2,000 for each renewal of the 4-year license if application is made prior to the date of expiration; after that date an additional fee of $25.

AB75-SSA1, s. 2418 Section 2418. 145.08 (1) (Lm) of the statutes is amended to read:

AB75-SSA1,1287,4 145.08 (1) (Lm) For Issuing an automatic fire sprinkler - maintenance only registration, $400, and $400 for each renewal of the 4-year registration if application is made prior to the date of expiration; after that date an additional fee of $25.

AB75-SSA1, s. 2419 Section 2419. 145.08 (1) (m) of the statutes is amended to read:

AB75-SSA1,1287,7 145.08 (1) (m) For Administering a journeyman automatic fire sprinkler fitter's examination, $20 and $20 for each subsequent examination.

AB75-SSA1, s. 2420 Section 2420. 145.08 (1) (n) of the statutes is amended to read:

AB75-SSA1,1287,11 145.08 (1) (n) For Issuing a journeyman automatic fire sprinkler fitter's license, $180, and $180 for each renewal of the 4-year license if application is made prior to the date of expiration; after that date an additional fee of $10.

AB75-SSA1, s. 2421 Section 2421. 145.08 (1) (nm) of the statutes is amended to read:

AB75-SSA1,1287,16 145.08 (1) (nm) For Issuing an automatic fire sprinkler fitter - maintenance only registration certificate, $60, and $60 for each renewal of the 4-year registration if application is made prior to the date of expiration; after that date an additional fee of $10.

AB75-SSA1, s. 2422 Section 2422. 145.08 (1) (o) of the statutes is amended to read:

AB75-SSA1,1287,20 145.08 (1) (o) For Issuing a utility contractor's license, $500 and $500 for each renewal of the 4-year license if application is made prior to the date of expiration; after that date an additional fee of $10.

AB75-SSA1, s. 2423 Section 2423. 145.08 (1) (p) of the statutes is renumbered 145.08 (1g) and amended to read:

AB75-SSA1,1288,2 145.08 (1g) For The department may not charge a plumbing supervisor employed by the department in accord with s. 145.02 (3) (a), no cost a fee for the appropriate 4-year license for which the plumbing supervisor has previously qualified.

AB75-SSA1, s. 2424 Section 2424. 145.08 (1) (q) of the statutes is amended to read:

AB75-SSA1,1288,5 145.08 (1) (q) For Issuing a pipelayer's registration, $180 at the time of registration and $180 for each subsequent 4-year period of registration.

AB75-SSA1, s. 2425 Section 2425. 145.08 (3) of the statutes is amended to read:

AB75-SSA1,1288,14 145.08 (3) To establish a record of beginning an apprenticeship, as a plumber, as an automatic fire sprinkler system apprentice, or as a plumber learner (restricted), every plumbing and automatic fire sprinkler system apprentice and every plumbing learner (restricted) shall within 30 days after beginning an apprenticeship or learnership register with the department. A fee of $15 established by the department by rule shall be paid at the time of registration and before January 1 of each subsequent calendar year during which the apprentice is engaged in the apprenticeship or learnership.

AB75-SSA1, s. 2426 Section 2426. 146.19 (2) (intro.) of the statutes is amended to read:

AB75-SSA1,1288,22 146.19 (2) American Indian health project grants. (intro.) From the appropriation account under s. 20.435 (5) (1) (ke), the department shall award grants for American Indian health projects in order to 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 an American Indian health project that is designed to do any of the following:

AB75-SSA1, s. 2427 Section 2427. 146.45 (4) of the statutes is created to read:

AB75-SSA1,1289,4 146.45 (4) In each fiscal year, there is transferred from the appropriation account under s. 20.435 (4) (jz) to the appropriation account under s. 20.435 (4) (jw) an amount, determined by the secretary, that is sufficient for the department to administer a contract with an entity to operate the purchasing pool established under sub. (2), but not more than 5 percent of the total amount paid by persons to purchase prescription drugs as members of the purchasing pool in the fiscal year.

AB75-SSA1, s. 2428 Section 2428. 146.65 (1) (intro.) of the statutes is amended to read:

AB75-SSA1,1289,7 146.65 (1) (intro.) From the appropriation account under s. 20.435 (5) (1) (dm), the department shall distribute moneys as follows:

AB75-SSA1, s. 2429 Section 2429. 146.68 (intro.) of the statutes is amended to read:

AB75-SSA1,1289,14 146.68 Grant for colposcopies and other services. (intro.) From the appropriation account under s. 20.435 (5) (1) (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:

AB75-SSA1, s. 2429b Section 2429b. 146.81 (1) (q) of the statutes is created to read:

AB75-SSA1,1289,16 146.81 (1) (q) An ambulance service provider, as defined in s. 256.01 (3).

AB75-SSA1, s. 2429c Section 2429c. 146.81 (1) (r) of the statutes is created to read:

AB75-SSA1,1289,18 146.81 (1) (r) An emergency medical technician, as defined in s. 256.01 (5).

AB75-SSA1, s. 2429d Section 2429d. 146.81 (1) (s) of the statutes is created to read:

AB75-SSA1,1289,20 146.81 (1) (s) A first responder, as defined in s. 256.01 (9).

AB75-SSA1, s. 2429e Section 2429e. 146.81 (4) of the statutes is amended to read:

AB75-SSA1,1290,12 146.81 (4) "Patient health care records" means all records related to the health of a patient prepared by or under the supervision of a health care provider, but; and all records made by an ambulance service provider, as defined in s. 256.01 (3), an emergency medical technician, as defined in s. 256.01 (5), or a first responder, as defined in s. 256.01 (9), in administering emergency care procedures to and handling and transporting sick, disabled, or injured individuals. "Patient health care records" includes billing statements and invoices for treatment or services provided by a health care provider and includes health summary forms prepared under s. 302.388 (2). "Patient health care records" does not include those records subject to s. 51.30, reports collected under s. 69.186, records of tests administered under s. 252.15 (2) (a) 7., 343.305, 938.296 (4) or (5) or 968.38 (4) or (5), records related to sales of pseudoephedrine products, as defined in s. 961.01 (20c), that are maintained by pharmacies under s. 961.235, fetal monitor tracings, as defined under s. 146.817 (1), or a pupil's physical health records maintained by a school under s. 118.125. ``Patient health care records" also includes health summary forms prepared under s. 302.388 (2).

AB75-SSA1, s. 2430 Section 2430. 146.81 (5) of the statutes is amended to read:

AB75-SSA1,1291,2 146.81 (5) "Person authorized by the patient" means the parent, guardian, or legal custodian of a minor patient, as defined in s. 48.02 (8) and (11), the person vested with supervision of the child under s. 938.183 or 938.34 (4d), (4h), (4m), or (4n), the guardian of a patient adjudicated incompetent in this state, the personal representative or, spouse, or domestic partner under ch. 770 of a deceased patient, any person authorized in writing by the patient or a health care agent designated by the patient as a principal under ch. 155 if the patient has been found to be incapacitated under s. 155.05 (2), except as limited by the power of attorney for health care instrument. If no spouse or domestic partner survives a deceased patient, "person authorized by the patient" also means an adult member of the deceased patient's immediate family, as defined in s. 632.895 (1) (d). A court may appoint a temporary guardian for a patient believed incompetent to consent to the release of records under this section as the person authorized by the patient to decide upon the release of records, if no guardian has been appointed for the patient.

AB75-SSA1, s. 2431 Section 2431. 146.82 (2) (a) 8. of the statutes is amended to read:

AB75-SSA1,1291,6 146.82 (2) (a) 8. To the department under s. 255.04 and to the persons specified under s. 255.04 (3). The release of a patient health care record under this subdivision shall be limited to the information prescribed by the department under s. 255.04 (2).

AB75-SSA1, s. 2432 Section 2432. 146.82 (2) (a) 18m. of the statutes is amended to read:

AB75-SSA1,1292,2 146.82 (2) (a) 18m. If the subject of the patient health care records is a child or juvenile who has been placed in a foster home, treatment foster home, group home, residential care center for children and youth, or juvenile correctional facility, including a placement under s. 48.205, 48.21, 938.205, or 938.21, or for whom placement in a foster home, treatment foster home, group home, residential care center for children and youth, or juvenile correctional facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the child or juvenile, or to an agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements, to the foster parent or treatment foster parent of the child or juvenile or the operator of the group home, residential care center for children and youth, or juvenile correctional facility in which the child or juvenile is placed, as provided in s. 48.371 or 938.371.

AB75-SSA1, s. 2433b Section 2433b. 146.83 (1) (intro.) and (a) of the statutes are consolidated, renumbered 146.83 (1d) and amended to read:

AB75-SSA1,1292,12 146.83 (1d) Except as provided in s. 51.30 or 146.82 (2), any patient or other person authorized by the patient may, upon submitting a statement of informed consent: (a) Inspect, inspect the health care records of a health care provider pertaining to that patient at any time. The health care provider shall make the records available for inspection by the patient or person authorized by the patient during regular business hours, upon reasonable within 21 days after the health care provider receives notice from the patient or person authorized by the patient. A health care provider may not charge a fee for inspection under this subsection.

AB75-SSA1, s. 2433c Section 2433c. 146.83 (1) (b) and (c) of the statutes are repealed.

AB75-SSA1, s. 2433d Section 2433d. 146.83 (1f) of the statutes is created to read:

AB75-SSA1,1292,20 146.83 (1f) (a) Except as provided in par. (b) or s. 51.30 or 146.82 (2), if a patient or a person authorized by the patient requests copies of the patient's health care records, provides informed consent, and pays the applicable fees under par. (c) or (d), the health care provider shall, subject to sub. (1k), provide the patient or person authorized by the patient copies of the requested records within 21 days after receiving the request.