AB75,1292,6
4(2) No person may sell tobacco products to consumers in this state by direct
5marketing unless the tax imposed under s. 139.76, and under s. 77.52 or 77.53, has
6been paid with regard to such products.
AB75,1292,8
7(3) No person may sell tobacco products to a consumer in this state by direct
8marketing unless the person does all of the following:
AB75,1292,109
(a) Verifies the consumer's identity and address and that the consumer is at
10least 18 years of age by any of the following methods:
AB75,1292,1211
1. The person uses a database that includes information based on public
12records.
AB75,1292,1613
2. The person receives from the consumer, at the time of purchase, a copy of an
14identification card and verifies that the name specified on the identification card
15matches the name of the consumer and that the birth date on the identification card
16indicates that the consumer is at least 18 years of age.
AB75,1292,1817
3. The person uses a mechanism, other than a mechanism specified under subd.
181. or 2., that is approved by the department.
AB75,1292,2019
(b) Obtains from the consumer, at the time of purchase, a statement signed by
20the consumer that confirms all of the following:
AB75,1292,2121
1. The consumer's name, address, and birth date.
AB75,1292,2422
2. That the consumer understands that no person who is under 18 years of age
23may purchase or possess tobacco products or falsely represent his or her age for the
24purpose of receiving tobacco products, as provided under s. 254.92.
AB75,1293,8
13. That the consumer understands that any person who, for the purpose of
2obtaining credit, goods, or services, intentionally uses, attempts to use, or possesses
3with intent to use, any personal identifying information or personal identification
4document of an individual, including a deceased individual, without the
5authorization or consent of the individual and by representing that he or she is the
6individual, that he or she is acting with the authorization or consent of the
7individual, or that the information or document belongs to him or her, is guilty of a
8Class H felony, as provided under s. 943.201.
AB75,1293,13
9(4) Any person who, without having a valid permit under sub. (1), sells or
10solicits sales of tobacco products to consumers in this state by direct marketing shall
11pay a penalty to the department of $5,000 or an amount that is equal to 50 percent
12of the tax due on the tobacco products the person sold, without having a valid permit
13under sub. (1), to consumers in this state by direct marketing, whichever is greater.
AB75,1293,15
14(5) All packages of tobacco products shipped to consumers in this state shall
15be clearly labelled "TOBACCO PRODUCTS" on the outside of such packages.
AB75,1293,25
16(6) (a)
Any nonresident or foreign direct marketer that has not registered to
17do business in this state as a foreign corporation or business entity shall, as a
18condition precedent to obtaining a permit under s. 139.79 (1), appoint and
19continually engage the services of an agent in this state to act as agent for the service
20of process on whom all processes, and any action or proceeding against it concerning
21or arising out of the enforcement of this chapter, may be served in any manner
22authorized by law. That service shall constitute legal and valid service of process on
23the direct marketer. The direct marketer shall provide the name, address, phone
24number, and proof of the appointment and availability of the agent to the
25department.
AB75,1294,8
1(b) A direct marketer described under par. (a) shall provide notice to the
2department no later than 30 calendar days before termination of the authority of an
3agent under par. (a) and shall provide proof to the satisfaction of the department of
4the appointment of a new agent no later than 5 calendar days before the termination
5of an existing appointment. In the event an agent terminates an appointment, the
6direct marketer shall notify the department of that termination no later than 5
7calendar days after the termination and shall include proof to the satisfaction of the
8department of the appointment of a new agent.
AB75,1294,129
(c) The secretary of state is the agent in this state for the service of process of
10any direct marketer who has not appointed and engaged an agent as provided under
11par. (a), except that the secretary of state acting as the direct marketer's agent for
12the service of process does not satisfy the requirements imposed by par. (a).
AB75, s. 2401
13Section
2401. 139.803 (3) of the statutes is amended to read:
AB75,1294,1614
139.803
(3) The land on which the sale occurred was designated a reservation
15or trust land on or before January 1, 1983
, or on a later date as determined by an
16agreement between the department and the tribal council.
AB75, s. 2402
17Section
2402. 139.81 (1) of the statutes is amended to read:
AB75,1295,1018
139.81
(1) No person may sell
or take orders for tobacco products
for resale or
19solicit sales of tobacco products in this state
for any manufacturer or permittee 20unless the person has filed an application for and obtained a valid certificate under
21s. 73.03 (50) and a salesperson's permit from the department. No
manufacturer or 22permittee shall authorize any person to sell
or take orders for tobacco products
or
23solicit sales of tobacco products in this state unless the person has filed an application
24for and obtained a valid certificate under s. 73.03 (50) and a salesperson's permit.
25No person may authorize the sale of tobacco products or the solicitation of sales of
1tobacco products in this state unless the person has filed an application for and
2obtained a valid certificate under s. 73.03 (50) and a valid permit under s. 139.79. 3Each application for a
salesperson's permit shall disclose the name and address of
4the employer
or the person for whom the salesperson is selling or soliciting and shall
5remain effective only while the salesperson represents the named employer
or
6person. If the salesperson is thereafter employed by another
manufacturer or
7permittee person the salesperson shall obtain a new salesperson's permit.
Each 8manufacturer and permittee The employer of any such salesperson shall notify the
9department within 10 days after the resignation or dismissal of
any the salesperson
10holding a permit.
AB75, s. 2403
11Section
2403. 139.81 (2) of the statutes is amended to read:
AB75,1295,1312
139.81
(2) Section 139.34 (1)
(b)
(c) to (e) applies to the permits under this
13section.
AB75, s. 2404
14Section
2404. 139.86 of the statutes is amended to read:
AB75,1295,18
15139.86 Prosecutions by attorney general. Upon request by the secretary
16of revenue, the attorney general may represent this state or assist a district attorney
17in prosecuting any case arising under this subchapter.
The attorney general may
18take any action necessary to enforce s. 139.795.
AB75, s. 2405
19Section
2405. 139.87 of the statutes is created to read:
AB75,1295,24
20139.87 Lists. The department shall compile and maintain a list of direct
21marketers who have complied with the requirements of s. 139.795. The department
22shall provide copies of the list to the attorney general and to each person who delivers
23tobacco products to consumers in this state that are sold by direct marketing under
24s. 139.795.
AB75, s. 2406
25Section
2406. 145.08 (1) (intro.) of the statutes is amended to read:
AB75,1296,5
1145.08
(1) (intro.) The department shall
fix, by rule, the amount of the establish 2fees
by rule for the examinations, licenses
, and registrations specified in this section.
3The fees
specified in this section are not returnable and may not exceed the amounts
4stated in this section as follows established by the department shall as closely as
5possible equal the cost of providing the following services:
AB75, s. 2407
6Section
2407. 145.08 (1) (a) of the statutes is amended to read:
AB75,1296,87
145.08
(1) (a)
For Administering a master plumber's examination
, $50. For
8each subsequent examination, $30.
AB75, s. 2408
9Section
2408. 145.08 (1) (b) of the statutes is amended to read:
AB75,1296,1210
145.08
(1) (b)
For Issuing a master plumber's license
, $500, and $500 for each
11renewal of the 4-year license if application is made prior to the date of expiration;
12after that date an additional fee of $20.
AB75, s. 2409
13Section
2409. 145.08 (1) (c) of the statutes is amended to read:
AB75,1296,1514
145.08
(1) (c)
For Administering a journeyman plumber's examination
, $30.
15For each subsequent examination, $20.
AB75, s. 2410
16Section
2410. 145.08 (1) (d) of the statutes is amended to read:
AB75,1296,1917
145.08
(1) (d)
For Issuing a journeyman plumber's license
, $180, and $180 for
18each renewal of the 4-year license if application is made prior to the date of
19expiration; after that date an additional fee of $10.
AB75, s. 2411
20Section
2411. 145.08 (1) (e) of the statutes is amended to read:
AB75,1296,2421
145.08
(1) (e)
For Issuing a temporary permit pending examination and
22issuance of
a license for master plumber
, $400; for or journeyman
$150 and which
23shall also cover the examination fee prescribed and the license fee for the 4-year
24period in which issued plumber.
AB75, s. 2412
25Section
2412. 145.08 (1) (f) of the statutes is amended to read:
AB75,1297,2
1145.08
(1) (f)
For Administering a master plumber's (restricted) examination
,
2$50. For each subsequent examination, $30.
AB75, s. 2413
3Section
2413. 145.08 (1) (g) of the statutes is amended to read:
AB75,1297,64
145.08
(1) (g)
For Issuing a master plumber's license (restricted)
, $500, and
5$500 for each renewal of the 4-year license if application is made prior to the date
6of expiration; after that date an additional fee of $20.
AB75, s. 2414
7Section
2414. 145.08 (1) (h) of the statutes is amended to read:
AB75,1297,98
145.08
(1) (h)
For Administering a journeyman plumber's (restricted)
9examination
, $30. For each subsequent examination, $20.
AB75, s. 2415
10Section
2415. 145.08 (1) (i) of the statutes is amended to read:
AB75,1297,1311
145.08
(1) (i)
For Issuing a journeyman plumber's license (restricted)
, $180,
12and $180 for each renewal of the 4-year license if application is made prior to the date
13of expiration; after that date an additional fee of $10.
AB75, s. 2416
14Section
2416. 145.08 (1) (k) of the statutes is amended to read:
AB75,1297,1615
145.08
(1) (k)
For Administering an automatic fire sprinkler contractor's
16examination
, $100.
AB75, s. 2417
17Section
2417. 145.08 (1) (L) of the statutes is amended to read:
AB75,1297,2018
145.08
(1) (L)
For Issuing an automatic fire sprinkler contractor's license
,
19$2,000, and $2,000 for each renewal of the 4-year license if application is made prior
20to the date of expiration; after that date an additional fee of $25.
AB75, s. 2418
21Section
2418. 145.08 (1) (Lm) of the statutes is amended to read:
AB75,1297,2422
145.08
(1) (Lm)
For Issuing an automatic fire sprinkler - maintenance only
23registration
, $400, and $400 for each renewal of the 4-year registration if application
24is made prior to the date of expiration; after that date an additional fee of $25.
AB75, s. 2419
25Section
2419. 145.08 (1) (m) of the statutes is amended to read:
AB75,1298,2
1145.08
(1) (m)
For Administering a journeyman automatic fire sprinkler
2fitter's examination
, $20 and $20 for each subsequent examination.
AB75, s. 2420
3Section
2420. 145.08 (1) (n) of the statutes is amended to read:
AB75,1298,64
145.08
(1) (n)
For Issuing a journeyman automatic fire sprinkler fitter's
5license
, $180, and $180 for each renewal of the 4-year license if application is made
6prior to the date of expiration; after that date an additional fee of $10.
AB75, s. 2421
7Section
2421. 145.08 (1) (nm) of the statutes is amended to read:
AB75,1298,118
145.08
(1) (nm)
For Issuing an automatic fire sprinkler fitter - maintenance
9only registration certificate
, $60, and $60 for each renewal of the 4-year registration
10if application is made prior to the date of expiration; after that date an additional fee
11of $10.
AB75, s. 2422
12Section
2422. 145.08 (1) (o) of the statutes is amended to read:
AB75,1298,1513
145.08
(1) (o)
For Issuing a utility contractor's license
, $500 and $500 for each
14renewal of the 4-year license if application is made prior to the date of expiration;
15after that date an additional fee of $10.
AB75, s. 2423
16Section
2423. 145.08 (1) (p) of the statutes is renumbered 145.08 (1g) and
17amended to read:
AB75,1298,2118
145.08
(1g) For The department may not charge a plumbing supervisor
19employed by the department in accord with s. 145.02 (3) (a)
, no cost a fee for the
20appropriate 4-year license for which the plumbing supervisor has previously
21qualified.
AB75, s. 2424
22Section
2424. 145.08 (1) (q) of the statutes is amended to read:
AB75,1298,2423
145.08
(1) (q)
For Issuing a pipelayer's registration
, $180 at the time of
24registration and $180 for each subsequent 4-year period of registration.
AB75, s. 2425
25Section
2425. 145.08 (3) of the statutes is amended to read:
AB75,1299,8
1145.08
(3) To establish a record of beginning an apprenticeship, as a plumber,
2as an automatic fire sprinkler system apprentice, or as a plumber learner
3(restricted), every plumbing and automatic fire sprinkler system apprentice and
4every plumbing learner (restricted) shall within 30 days after beginning an
5apprenticeship or learnership register with the department. A fee
of $15 established
6by the department by rule shall be paid at the time of registration and before January
71 of each subsequent calendar year during which the apprentice is engaged in the
8apprenticeship or learnership.
AB75, s. 2426
9Section
2426. 146.19 (2) (intro.) of the statutes is amended to read:
AB75,1299,1610
146.19
(2) American Indian health project grants. (intro.) From the
11appropriation
account under s. 20.435
(5) (1) (ke), the department shall award grants
12for American Indian health projects in order to address specific problem areas in the
13field of American Indian health. A tribe, tribal agency, or inter-tribal organization
14may apply, in the manner specified by the department, for a grant of up to $10,000
15to conduct an American Indian health project that is designed to do any of the
16following:
AB75, s. 2427
17Section
2427. 146.45 (4) of the statutes is created to read:
AB75,1299,2318
146.45
(4) In each fiscal year, there is transferred from the appropriation
19account under s. 20.435 (4) (jz) to the appropriation account under s. 20.435 (4) (jw)
20an amount, determined by the secretary, that is sufficient for the department to
21administer a contract with an entity to operate the purchasing pool established
22under sub. (2), but not more than 5 percent of the total amount paid by persons to
23purchase prescription drugs as members of the purchasing pool in the fiscal year.
AB75, s. 2428
24Section
2428. 146.65 (1) (intro.) of the statutes is amended to read:
AB75,1300,2
1146.65
(1) (intro.) From the appropriation
account under s. 20.435
(5) (1) (dm),
2the department shall distribute moneys as follows:
AB75, s. 2429
3Section
2429. 146.68 (intro.) of the statutes is amended to read:
AB75,1300,9
4146.68 Grant for colposcopies and other services. (intro.) From the
5appropriation
account under s. 20.435
(5) (1) (dg), the department shall provide
6$100,000 in fiscal year 2007-08 and $75,000 in each
subsequent fiscal year to an
7entity that satisfies the following criteria to provide colposcopic examinations and
8to provide services to medical assistance recipients or persons who are eligible for
9medical assistance:
AB75, s. 2430
10Section
2430. 146.81 (5) of the statutes is amended to read:
AB75,1300,2411
146.81
(5) "Person authorized by the patient" means the parent, guardian, or
12legal custodian of a minor patient, as defined in s. 48.02 (8) and (11), the person
13vested with supervision of the child under s. 938.183 or 938.34 (4d), (4h), (4m), or
14(4n), the guardian of a patient adjudicated incompetent in this state, the personal
15representative
or, spouse
, or domestic partner under ch. 770 of a deceased patient,
16any person authorized in writing by the patient or a health care agent designated by
17the patient as a principal under ch. 155 if the patient has been found to be
18incapacitated under s. 155.05 (2), except as limited by the power of attorney for
19health care instrument. If no spouse
or domestic partner survives a deceased
20patient, "person authorized by the patient" also means an adult member of the
21deceased patient's immediate family, as defined in s. 632.895 (1) (d). A court may
22appoint a temporary guardian for a patient believed incompetent to consent to the
23release of records under this section as the person authorized by the patient to decide
24upon the release of records, if no guardian has been appointed for the patient.
AB75, s. 2431
25Section
2431. 146.82 (2) (a) 8. of the statutes is amended to read:
AB75,1301,3
1146.82
(2) (a) 8. To the department under s. 255.04
and to the persons specified
2under s. 255.04 (3). The release of a patient health care record under this subdivision
3shall be limited to the information prescribed by the department under s. 255.04 (2).
AB75, s. 2432
4Section
2432. 146.82 (2) (a) 18m. of the statutes is amended to read:
AB75,1301,245
146.82
(2) (a) 18m. If the subject of the patient health care records is a child
6or juvenile who has been placed in a foster home
, treatment foster home, group home,
7residential care center for children and youth, or juvenile correctional facility,
8including a placement under s. 48.205, 48.21, 938.205, or 938.21, or for whom
9placement in a foster home
, treatment foster home, group home, residential care
10center for children and youth, or juvenile correctional facility is recommended under
11s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by
12a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831
13(2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report
14under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency
15responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1)
16(c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the
17child or juvenile, or to an agency that placed the child or juvenile or arranged for the
18placement of the child or juvenile in any of those placements and, by any of those
19agencies, to any other of those agencies and, by the agency that placed the child or
20juvenile or arranged for the placement of the child or juvenile in any of those
21placements, to the foster parent
or treatment foster parent of the child or juvenile
22or the operator of the group home, residential care center for children and youth, or
23juvenile correctional facility in which the child or juvenile is placed, as provided in
24s. 48.371 or 938.371.
AB75, s. 2433
25Section
2433. 146.82 (2) (c) of the statutes is amended to read:
AB75,1302,4
1146.82
(2) (c) Notwithstanding sub. (1), patient health care records shall be
2released to appropriate examiners
, investigators, and facilities in accordance with
3s. 971.17 (2) (e), (4) (c), and (7) (c). The recipient of any information from the records
4shall keep the information confidential except as necessary to comply with s. 971.17.
AB75, s. 2434
5Section
2434. 149.12 (2) (f) 2. h. of the statutes is created to read:
AB75,1302,66
149.12
(2) (f) 2. h. Benefits under BadgerCare Plus under s. 49.471 (11).
AB75, s. 2435
7Section
2435. 150.345 (1) (a) of the statutes is repealed.
AB75, s. 2436
8Section
2436. 150.345 (1) (b) of the statutes is repealed.
AB75, s. 2437
9Section
2437. 155.01 (12) of the statutes is repealed and recreated to read:
AB75,1302,1410
155.01
(12) "Relative" means an individual related by blood within the 3rd
11degree of kinship as computed under s. 990.001 (16); a spouse, domestic partner
12under ch. 770, or an individual related to a spouse or domestic partner within the 3rd
13degree as so computed; and includes an individual in an adoptive relationship within
14the 3rd degree.
AB75, s. 2438
15Section
2438. 155.10 (2) (a) of the statutes is amended to read:
AB75,1302,1716
155.10
(2) (a) Related to the principal by blood, marriage
, or adoption
, or the
17domestic partner under ch. 770 of the individual.