Amendment ASA1-AB100

AB100-ASA1, s. 2209 Section 2209. 139.30 (12m) of the statutes is created to read:

AB100-ASA1,1344,7 139.30 (12m) "Sign" means write one's signature or, if the department prescribes another method of authenticating, use that other method.

AB100-ASA1, s. 2210 Section 2210. 139.31 (1) (a) of the statutes is amended to read:

AB100-ASA1,1344,10 139.31 (1) (a) On cigarettes weighing not more than 3 pounds per thousand, 22 30 mills on each cigarette.

AB100-ASA1, s. 2211 Section 2211. 139.31 (1) (b) of the statutes is amended to read:

AB100-ASA1,1344,13 139.31 (1) (b) On cigarettes weighing more than 3 pounds per thousand, 44 60 mills on each cigarette.

AB100-ASA1, s. 2212 Section 2212. 139.315 (1) of the statutes is amended to read:

AB100-ASA1,1344,25 139.315 (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 is liable for payment of 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 day after the effective date of the increase the person shall file with the department a return on a form provided by the department and shall by that date pay to the department the tax due.

AB100-ASA1, s. 2213 Section 2213. 139.315 (4) of the statutes is amended to read:

AB100-ASA1,1345,8 139.315 (4) Late filing fee. Any person who fails to file a cigarette inventory tax return when due shall pay a late filing fee of $10. A return that is mailed is timely filed if it is mailed in a properly addressed envelope with 1st class postage prepaid, if the envelope is postmarked on the due date and if the return is actually received by the department or at the destination that the department prescribes within 5 days of 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.

AB100-ASA1, s. 2214 Section 2214. 139.32 (1) of the statutes is amended to read:

AB100-ASA1,1345,18 139.32 (1) The tax imposed by s. 139.31 (1) shall be paid by purchase of stamps from the department. The department may require any person who makes a payment of $20,000 or more to do so electronically. To evidence the payment, the department shall provide stamps. A person who has paid the tax shall affix stamps of the proper denomination shall be affixed to each package in which cigarettes are packed, prior to the first sale within this state. First sale does not include a sale by a manufacturer to a distributor or by a distributor to a permittee who has obtained department approval as provided for in s. 139.321 (1) (a) 2. The tax shall be paid only once on each package or container.

AB100-ASA1, s. 2962g Section 2962g. 139.32 (5) of the statutes is amended to read:

AB100-ASA1,1345,21 139.32 (5) Manufacturers and distributors having a permit from the secretary may purchase stamps at a discount of 2.0% 1.6%.

AB100-ASA1, s. 2962h Section 2962h. 139.32 (5) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-ASA1,1345,25 139.32 (5) Manufacturers and distributors having a permit from the secretary shall receive a discount of 1.6% of the tax.

AB100-ASA1, s. 2215 Section 2215. 139.33 (3) of the statutes is amended to read:

AB100-ASA1,1346,14 139.33 (3) No person other than a licensed distributor may import into this state more than 400 cigarettes on which the excise tax imposed by s. 139.31 has not been paid and the container of which does not bear proper stamps. Within 15 days, any such person importing cigarettes shall file with the department a declaration of such cigarettes imported and shall remit therewith the tax on such cigarettes imposed by this section. Members of the armed forces shall not be required to report or pay the tax on cigarettes in their possession if such cigarettes are issued to them by the U.S. government or any of its subdivisions or were purchased in any armed forces post exchange or service store. If the use tax imposed by this section is not paid when due, it shall become delinquent and the person liable for it shall pay, in addition, a penalty of $25 for each 200 cigarettes. Interest on the delinquent tax and penalty shall accrue at the rate of 1.5% per month or each fraction of a month from the date the tax became due until paid.

AB100-ASA1, s. 2216 Section 2216. 139.34 (1) (a) of the statutes is amended to read:

AB100-ASA1,1346,23 139.34 (1) (a) It is unlawful for any No person to may manufacture cigarettes in this state or sell cigarettes in this state as a distributor, jobber, vending machine operator or multiple retailer and no person shall may operate a warehouse in this state for the storage of cigarettes for another person without first filing an application for and obtaining the proper permit to perform such operations from the department of revenue. The application for a permit and the permit shall be in the form prescribed by the department and the application form shall require such information as is necessary to administer this section.

AB100-ASA1, s. 2217 Section 2217. 139.38 (2) (a) of the statutes is amended to read:

AB100-ASA1,1347,5 139.38 (2) (a) Except as provided in par. (b), every permittee shall render a true and correct invoice of every sale of cigarettes at wholesale and shall on or before the 15th day of each calendar month make file a verified report to the department of all cigarettes purchased, sold, received, warehoused or withdrawn during the preceding calendar month.

AB100-ASA1, s. 2218 Section 2218. 139.38 (5) of the statutes is amended to read:

AB100-ASA1,1347,14 139.38 (5) If any permittee fails to file a report when due the permittee shall be required to pay a late filing fee of $10. A report shall be considered that is mailed is filed in time if it is mailed in a properly addressed envelope with first class postage duly prepaid, which envelope is officially postmarked on the date due, and if the report is actually received by the secretary or at the destination that the department prescribes within 5 days of the due date. A report that is not mailed is timely if it is received on or before the due date by the secretary or at the destination that the department prescribes.

AB100-ASA1, s. 2219 Section 2219. 139.44 (2) of the statutes is amended to read:

AB100-ASA1,1347,20 139.44 (2) Any person who makes or verifies signs any false or fraudulent report or who attempts to evade the tax imposed by s. 139.31 or 139.76, or who aids in or abets the evasion or attempted evasion of that tax shall be fined not less than $1,000 nor more than $5,000 or imprisoned not less than 90 days nor more than one year or both.

AB100-ASA1, s. 2220 Section 2220. 139.75 (4m) of the statutes is created to read:

AB100-ASA1,1347,25 139.75 (4m) "File" means mail or deliver a document that the department prescribes to the department or, if the department prescribes another method of submitting or another destination, use that other method or submit to that other destination.

AB100-ASA1, s. 2221 Section 2221. 139.75 (5m) of the statutes is created to read:

AB100-ASA1,1348,4 139.75 (5m) "Pay" means mail or deliver funds to the department or, if the department prescribes another method of submitting or another destination, use that other method or submit to that other destination.

AB100-ASA1, s. 2222 Section 2222. 139.77 (1) of the statutes is amended to read:

AB100-ASA1,1348,16 139.77 (1) On or before the 15th day of each month, every distributor with a place of business in this state shall file a return with the department showing the quantity and taxable price of each tobacco product brought, or caused to be brought, into this state for sale; or made, manufactured or fabricated in this state for sale in this state, during the preceding month. Every distributor outside this state shall file a return showing the quantity and taxable price of each tobacco product shipped or transported to retailers in this state to be sold by those retailers during the preceding month. Returns shall be made upon forms furnished and prescribed by the department and shall contain other information that the department requires. Each return shall be accompanied by a remittance for the full tax liability shown At the time that the return is filed, the distributor shall pay the tax.

AB100-ASA1, s. 2223 Section 2223. 139.78 (2) of the statutes is amended to read:

AB100-ASA1,1348,25 139.78 (2) On or before the 15th day of each month, every consumer who during the preceding month has acquired title to or possession for use or storage in this state of tobacco products upon which the tax imposed by s. 139.76 (1) has not been paid shall file a return with the department showing the quantity of tobacco products acquired. The return shall be made upon a form furnished and prescribed by the department and shall contain the information that the department requires. The return shall be accompanied by a remittance for the full unpaid tax liability At the time when the return is filed, the consumer shall pay the tax.

AB100-ASA1, s. 2224 Section 2224. 139.79 (1) of the statutes is amended to read:

AB100-ASA1,1349,7 139.79 (1) No person may engage in the business of a distributor or subjobber of tobacco products at any place of business without first having unless that person has filed an application for and obtained a permit from the department to engage in that business at such place. Every application for a permit shall be made on a form prescribed by the department, and the application form shall require the information that is necessary to administer this section.

AB100-ASA1, s. 2225 Section 2225. 139.81 (1) of the statutes is amended to read:

AB100-ASA1,1349,20 139.81 (1) No person may sell or take orders for tobacco products for resale in this state for any manufacturer or permittee without first obtaining unless the person has filed an application for and obtained a salesperson's permit from the department. No manufacturer or permittee shall authorize any person to sell or take orders for tobacco products in this state without first having such person secure unless the person has filed an application for and obtained a salesperson's permit. The fee for the permit is $2. Each application for a permit shall disclose the name and address of the employer and shall remain effective only while the salesperson represents the named employer. If the salesperson is thereafter employed by another manufacturer or permittee the salesperson shall obtain a new salesperson's permit. Each manufacturer and permittee shall notify the department within 10 days after the resignation or dismissal of any salesperson holding a permit.

AB100-ASA1, s. 2226 Section 2226. 139.82 (2) (a) of the statutes is amended to read:

AB100-ASA1,1350,2 139.82 (2) (a) Except as provided in par. (b), every permittee shall render a true and correct invoice of every sale of tobacco products at wholesale and shall on or before the 15th day of each calendar month make file a verified report to the department of all tobacco products purchased, sold, received, warehoused or withdrawn during the preceding calendar month.

AB100-ASA1, s. 2227 Section 2227. 139.82 (5) of the statutes is amended to read:

AB100-ASA1,1350,11 139.82 (5) If any permittee fails to file a report when due the permittee shall be required to pay a late filing fee of $10. A report that is mailed shall be considered filed in time if it is mailed in a properly addressed envelope with first class postage prepaid, if the envelope is officially postmarked on the date due, and if the report is actually received by the department or at the destination that the department prescribes within 5 days of the due date. A report 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.

AB100-ASA1, s. 2228 Section 2228. 145.19 (6) of the statutes is amended to read:

AB100-ASA1,1350,18 145.19 (6) Groundwater fee. In addition to the fee under sub. (2), the governmental unit responsible for the regulation of private sewage systems shall collect a groundwater fee of $25 for each sanitary permit. The governmental unit shall forward this fee to the department together with the copy of the sanitary permit and the fee under sub. (3). The moneys collected under this subsection shall be credited to the environmental fund for groundwater environmental management.

AB100-ASA1, s. 2229 Section 2229. 146.0255 (3) (b) of the statutes is amended to read:

AB100-ASA1,1350,23 146.0255 (3) (b) A statement of explanation that the test results must be disclosed to a county department under s. 46.215, 46.22 or 46.23 or, in a county having a population of 500,000 or more, to the county department under s. 51.42 or 51.437 in accordance with s. 46.238 if the test results are positive.

AB100-ASA1, s. 2230 Section 2230. 146.183 of the statutes is repealed.

AB100-ASA1, s. 2231 Section 2231. 146.19 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,1351,8 146.19 (2) Cooperative American Indian health project grants. (intro.) From the appropriation under s. 20.435 (1) (5) (ek), 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 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 American Indian health project, which meets all of the following requirements:

AB100-ASA1, s. 2232 Section 2232. 146.55 (4) (a) of the statutes is amended to read:

AB100-ASA1,1351,17 146.55 (4) (a) From the appropriation under s. 20.435 (1) (rm) (5) (ch), the department shall annually distribute funds for ambulance service vehicles or vehicle equipment, emergency medical services supplies or equipment or emergency medical training for personnel to an ambulance service provider that is a public agency, a volunteer fire department or a nonprofit corporation, under a funding formula consisting of an identical base amount for each ambulance service provider plus a supplemental amount based on the population of the ambulance service provider's primary service or contract area, as established under s. 146.50 (5).

AB100-ASA1, s. 2233 Section 2233. 146.55 (5) of the statutes is amended to read:

AB100-ASA1,1352,2 146.55 (5) Emergency medical technician training and examination aid. From the appropriation under s. 20.435 (1) (rm) (5) (ch), the department shall annually distribute funds to entities, including technical college districts, whose courses or instructional programs are approved by the department under s. 146.50 (9), to assist the entities in providing the training required for licensure and renewal of licensure as an emergency medical technician—basic under s. 146.50 (6), and to fund each examination administered by the entity for licensure or renewal of licensure as an emergency medical technician—basic under s. 146.50 (6) (a) 3. and (b) 1.

AB100-ASA1, s. 2234 Section 2234. 146.57 (3) (a) of the statutes is amended to read:

AB100-ASA1,1352,10 146.57 (3) (a) The department shall implement a statewide poison control program. From the appropriation under s. 20.435 (1) (5) (ds), the department shall, if the requirement under par. (b) is met, distribute total funding of not more than $187,500 $375,000 in each fiscal year to supplement the operation of the program 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.

AB100-ASA1, s. 2235 Section 2235. 146.58 (8) of the statutes is amended to read:

AB100-ASA1,1352,13 146.58 (8) Review the annual budget prepared by the department for the expenditures under s. 20.435 (1) (rm) (5) (ch).

AB100-ASA1, s. 2236 Section 2236. 146.81 (1) (hm) of the statutes is amended to read:

AB100-ASA1,1352,17 146.81 (1) (hm) A speech-language pathologist or audiologist licensed under subch. II of ch. 459 or a speech and language pathologist licensed by the department of education public instruction.

AB100-ASA1, s. 3010m Section 3010m. 146.92 of the statutes is created to read:

AB100-ASA1,1352,19 146.92 Primary health care grant program. (1) In this section:

AB100-ASA1,1352,23 (a) "Community-based nonprofit corporation" means a nonprofit corporation that is governed by a community-based board of directors and that is organized primarily to provide primary health care services in a geographic area, or to a population, that the department designates as medically underserved.

AB100-ASA1,1352,25 (b) "Nonprofit corporation" means a nonstock, nonprofit corporation organized under ch. 181.

AB100-ASA1,1353,3 (2) Prior to implementing the grant program under this section, the department shall consult with representatives of statewide organizations that represent primary health care providers.

AB100-ASA1,1353,6 (3) From the appropriation under s. 20.435 (5) (gp), the department shall award $1,500,000 in grants in each fiscal year to community-based nonprofit corporations under a competitive process established by the department.

AB100-ASA1,1353,8 (4) A community-based nonprofit corporation that receives a grant under this section shall do all of the following:

AB100-ASA1,1353,10 (a) Provide comprehensive primary health care services to any person regardless of insurance status or ability to pay.

AB100-ASA1,1353,11 (b) Establish a sliding fee scale for uninsured, low-income persons.

AB100-ASA1, s. 3010p Section 3010p. 146.93 (title) of the statutes is amended to read:

AB100-ASA1,1353,13 146.93 (title) Primary Supplemental primary health care program.

AB100-ASA1, s. 2237 Section 2237. 146.93 (1) (a) of the statutes is amended to read:

AB100-ASA1,1353,18 146.93 (1) (a) From the appropriation under s. 20.435 (1) (gp) (5) (kp), the department shall maintain a program for the provision of primary health care services based on the primary health care program in existence on June 30, 1987. The department may promulgate rules necessary to implement the program.

AB100-ASA1, s. 3011m Section 3011m. 146.93 (4) (d) of the statutes is created to read:

AB100-ASA1,1353,22 146.93 (4) (d) The individual received health care services under this section on the effective date of this paragraph .... [revisor inserts date], and cannot be served by an entity that receives a grant under s. 146.92.

AB100-ASA1, s. 2238 Section 2238. 146.99 of the statutes is amended to read:

AB100-ASA1,1354,6 146.99 Assessments. The department shall, within 90 days after the commencement of each fiscal year, estimate the total amount of expenditures and the department shall assess the estimated total amount under s. 20.435 (1) (5) (gp) to hospitals, as defined in s. 50.33 (2), in proportion to each hospital's respective gross private-pay patient revenues during the hospital's most recently concluded entire fiscal year. Each hospital shall pay its assessment on or before December 1 for the fiscal year. All payments of assessments shall be deposited in the appropriation under s. 20.435 (1) (5) (gp).

AB100-ASA1, s. 2239 Section 2239. Chapter 149 (title) of the statutes is created to read:

AB100-ASA1,1354,8 Chapter 149

AB100-ASA1,1354,10 Mandatory health insurance risk-sharing plan

AB100-ASA1, s. 2240 Section 2240. 149.10 (2f) of the statutes is created to read:

AB100-ASA1,1354,12 149.10 (2f) "Commissioner" means the commissioner of insurance.

AB100-ASA1, s. 2241 Section 2241. 149.10 (2m) of the statutes is created to read:

AB100-ASA1,1354,15 149.10 (2m) "Department" means the department of health and family services.

AB100-ASA1, s. 2242 Section 2242. 149.10 (4c) of the statutes is created to read:

AB100-ASA1,1354,18 149.10 (4c) "Health maintenance organization" has the meaning given in s. 609.01 (2).

AB100-ASA1, s. 2243 Section 2243. 149.10 (4p) of the statutes is created to read:

AB100-ASA1,1354,20 149.10 (4p) (a) "Insurance" includes any of the following:

AB100-ASA1,1354,23 1. Risk distributing arrangements providing for compensation of damages or loss through the provision of services or benefits in kind rather than indemnity in money.

AB100-ASA1,1354,25 2. Contracts of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction.