Amendment AA1-ASA1-AB100

AB100-ASA1-AA1,284,5 885. Page 1349, line 11: after that line insert:

AB100-ASA1-AA1,284,7 " Section 2980r. Subchapter VI of chapter 139 [precedes 139.98] of the statutes is created to read:

AB100-ASA1-AA1,284,9 chapter 139 subchapter vi

AB100-ASA1-AA1,284,10 vending machine permits

AB100-ASA1-AA1,284,11 139.98 Definitions. In this subchapter:

AB100-ASA1-AA1,284,12 (1) "Department" means the department of revenue.

AB100-ASA1-AA1,284,16 (2) "Vending machine" means any self-service device offered for public use that, upon insertion of a coin or token, or by other means, dispenses unit servings of food or a beverage, either in bulk or in a package, without the necessity of replenishing the device between each vending operation.

AB100-ASA1-AA1,284,22 139.981 Permit. (1) No person may operate a vending machine unless that person has applied to the department for a permit, paid the required fee and displayed on the vending machine, in a manner that the department specifies, a decal that the department provides and that is evidence that the permit fee has been paid. The department may not issue a permit to any person who is delinquent in the payment of any tax. Permits expire on January 1.

AB100-ASA1-AA1,285,4 (2) The fee required under sub. (1) is $65 for vending machines that are in service at any time before July 1 plus $1 if the machine is located in a county that imposes a tax under subch. V of ch. 77 and $31 for vending machines that are placed in service on July 1 or later, except that the fee for vending machines that dispense no food or beverage that costs more than 25 cents is $10, regardless of the date on which the vending machine is placed in service.

AB100-ASA1-AA1,285,6 139.982 Operating without a permit. If a person who has not obtained the necessary permit operates a vending machine:

AB100-ASA1-AA1,285,8 (1) The department or the entity with which it has contracted shall seal the vending machine and render it inoperative.

AB100-ASA1-AA1,285,15 (2) The department or the entity with which it has contracted shall notify the owner of the vending machine that the fee is due within 10 days and that its amount is double the appropriate amount under s. 139.981 (2). If the department or the entity with which it has contracted cannot determine the vending machine's owner, it shall so notify the owner of the premises. The department or the entity with which it has contracted shall remit 50% to the department of administration for deposit in the general fund.

AB100-ASA1-AA1,285,18 (3) If the owner of the vending machine does not pay a fee due under sub. (2), the owner shall pay $250 to the department or to the entity with which it has contracted.

AB100-ASA1-AA1,285,22 139.983 Administration. (1) The department shall administer, or contract for administration of, the permit under this subchapter. The department of administration shall credit to the appropriation under s. 20.566 (1) (ge) $2 for each $10 permit and $8 for each other permit that is issued during the year.

AB100-ASA1-AA1,285,24 (2) Sections 77.52 (18) and 77.61 (5) and (12), as they apply to the taxes under subch. III of ch. 77, apply to the fee under this subchapter.".

AB100-ASA1-AA1,286,1 886. Page 1349, line 11: after that line insert:

AB100-ASA1-AA1,286,3 " Section 2980m. Subchapter V of chapter 139 [precedes 139.97] of the statutes is created to read:

AB100-ASA1-AA1,286,4 Chapter 139

AB100-ASA1-AA1,286,5 Subchapter V

AB100-ASA1-AA1,286,6 Amusement Device Fee

AB100-ASA1-AA1,286,12 139.97 Jukeboxes and amusement devices; permit; restrictions. (1) Permit required. No person may set up jukeboxes or amusement devices that the person does not own and that are activated by a coin, currency, token or similar thing of value without obtaining a permit from the department of revenue to engage in such business. A permittee shall conspicuously display his or her name and permit number on each device that the permittee sets up. Permits expire on June 30.

AB100-ASA1-AA1,286,13 (2) Fee. The annual fee for the permit under sub. (1) is $500.

AB100-ASA1-AA1,286,15 (3) Forms. The department of revenue shall prescribe the application forms for the permit required by this section.

AB100-ASA1-AA1,286,18 (4) Additional requirements. (a) The department of revenue may issue a permit to a natural person only if the natural person fulfills all of the following requirements:

AB100-ASA1-AA1,286,20 1. Subject to ss. 111.321, 111.322 and 111.335, has not been convicted of a felony that is substantially related to the amusement device business.

AB100-ASA1-AA1,286,22 2. Has been a resident of this state continuously for at least 90 days prior to the date of application.

AB100-ASA1-AA1,286,23 3. Has obtained a permit under s. 77.52 (9).

AB100-ASA1-AA1,287,2 (b) The department of revenue may issue a permit to a corporation or other business entity only if all of the following requirements are fulfilled:

AB100-ASA1-AA1,287,7 1. Subject to ss. 111.321, 111.322 and 111.335, neither the corporation or other business entity nor any of its members or managers have been convicted of a felony that is substantially related to the amusement device business unless the corporation or other business entity has terminated its relationship with all the natural persons whose actions directly contributed to the conviction.

AB100-ASA1-AA1,287,9 2. The agent of the corporation or other business entity has been a resident of this state continuously for at least 90 days prior to the date of application.

AB100-ASA1-AA1,287,11 3. The corporation or other business entity has obtained a permit under s. 77.52 (9).

AB100-ASA1-AA1,287,13 (5) Revocation. The department of revenue may revoke a permit issued under this section after a hearing if the permittee does any of the following:

AB100-ASA1-AA1,287,15 (a) Uses force, violence or threats of force or violence to obtain locations for jukeboxes or amusement devices.

AB100-ASA1-AA1,287,16 (b) Does not satisfy all of the requirements for a permit under this section.

AB100-ASA1-AA1,287,20 (6) Written denial or revocation. Any department of revenue denial of an application for a permit issued under sub. (1) or order of revocation of the permit shall be in writing and shall give the reasons for the denial or revocation. The denial or revocation is subject to review under ch. 227.

AB100-ASA1-AA1,288,2 (7) Penalty. No person holding a permit issued under this section may engage in the loan, use or forbearance of money, goods or things in action to any person who owns or manages premises where a jukebox or amusement device may be set up. Any person who violates this subsection shall be fined not more than $10,000 or imprisoned for not more than one year in the county jail or both. If the holder of a permit issued under this section is convicted of a violation of this subsection, the department of revenue shall revoke the permit.

AB100-ASA1-AA1,288,4 (8) General penalty. A person who violates this section other than sub. (7) may be fined not less than $1,000 or imprisoned for not more than 9 months or both.

AB100-ASA1-AA1,288,6 (9) Seizure. The department of revenue may seize any property for which a permit is required under sub. (1) and for which no permit is issued.

AB100-ASA1-AA1,288,9 (10) Exemption. This section does not apply to persons holding cigarette vending machine operators' permits under s. 139.34 (1) who do not lease or operate jukeboxes or amusement devices.".

AB100-ASA1-AA1,288,10 887. Page 1349, line 11: after that line insert:

AB100-ASA1-AA1,288,11 " Section 2981m. 145.02 (4) (a) of the statutes is amended to read:

AB100-ASA1-AA1,288,17 145.02 (4) (a) The department shall prescribe rules as to the qualifications, examination and licensing of master and journeyman plumbers and restricted plumber licensees, for the licensing of utility contractors, for the registration of plumbing apprentices and pipe layers and for the registration and training of registered learners. The plumbers council, created under s. 15.157 (6), shall advise the department in formulating the rules.".

AB100-ASA1-AA1,288,18 888. Page 1350, line 8: after that line insert:

AB100-ASA1-AA1,288,19 " Section 2986g. 146.19 (3) of the statutes is repealed.".

AB100-ASA1-AA1,288,20 889. Page 1354, line 6: after that line insert:

AB100-ASA1-AA1,288,21 " Section 3019c. 149.10 (8b) of the statutes is created to read:

AB100-ASA1-AA1,288,23 149.10 (8b) "Plan administrator" means the fiscal agent specified in s. 149.16 (1).".

AB100-ASA1-AA1,289,2 890. Page 1355, line 7: delete "Discounted payment" and substitute "Payment".

AB100-ASA1-AA1,289,5 891. Page 1355, line 7: delete "A provider" and substitute "Except for copayments, coinsurance or deductibles required or authorized under the plan, a provider".

AB100-ASA1-AA1,289,7 892. Page 1355, line 9: delete "discounted reimbursement" and substitute "payment".

AB100-ASA1-AA1,289,8 893. Page 1355, line 9: delete "(2) (a) 3. and (3)".

AB100-ASA1-AA1,289,9 894. Page 1355, line 12: delete "(2) (a) 3. or (3)".

AB100-ASA1-AA1,289,11 895. Page 1355, line 15: delete ", administrative and subsidy" and substitute "and administrative".

AB100-ASA1-AA1,289,13 896. Page 1355, line 18: delete the material beginning with that line and ending with page 1357, line 17, and substitute:

AB100-ASA1-AA1,289,14 "1. A total of 60% from the following sources, calculated as follows:

AB100-ASA1-AA1,289,20 a. First, from premiums from eligible persons with coverage under s. 149.14 set at 150% of the rate that a standard risk would be charged under an individual policy providing substantially the same coverage and deductibles as are provided under the plan, including amounts received for premium and deductible subsidies under ss. 20.435 (5) (ah) and 149.144, and from premiums collected from eligible persons with coverage under s. 149.146 set in accordance with s. 149.146 (2) (b).

AB100-ASA1-AA1,289,22 b. Second, from the appropriation under s. 20.435 (5) (gh), to the extent that the amounts under subd. 1. a. are insufficient to pay 60% of plan costs.

AB100-ASA1-AA1,290,8 c. Third, by increasing premiums from eligible persons with coverage under s. 149.14 to more than 150% but not more than 200% of the rate that a standard risk would be charged under an individual policy providing substantially the same coverage and deductibles as are provided under the plan, including amounts received for premium and deductible subsidies under ss. 20.435 (5) (ah) and 149.144, and by increasing premiums from eligible persons with coverage under s. 149.146 in accordance with s. 149.146 (2) (b), to the extent that the amounts under subd. 1. a. and b. are insufficient to pay 60% of plan costs.

AB100-ASA1-AA1,290,13 d. Fourth, notwithstanding subd. 2., by increasing insurer assessments, excluding assessments under s. 149.144, and adjusting provider payment rates, excluding adjustments to those rates under ss. 149.144 and 149.15 (3) (e), in equal proportions and to the extent that the amounts under subd. 1. a. to c. are insufficient to pay 60% of plan costs.

AB100-ASA1-AA1,290,14 2. A total of 40% as follows:

AB100-ASA1-AA1,290,16 a. Fifty percent from insurer assessments, excluding assessments under s. 149.144.

AB100-ASA1-AA1,290,18 b. Fifty percent from adjustments to provider payment rates, excluding adjustments to those rates under ss. 149.144 and 149.15 (3) (e).

AB100-ASA1-AA1,290,22 (2) (a) Prior to each plan year, the department shall estimate the operating and administrative costs of the plan and the costs of the premium reductions under s. 149.165 and the deductible reductions under s. 149.14 (5) (a) for the new plan year and do all of the following:

AB100-ASA1-AA1,291,4 1. a. Estimate the amount of enrollee premiums that would be received in the new plan year if the enrollee premiums were set at a level sufficient, when including amounts received for premium and deductible subsidies under ss. 20.435 (5) (ah) and 149.144 and from premiums collected from eligible persons with coverage under s. 149.146 set in accordance with s. 149.146 (2) (b), to cover 60% of the estimated plan costs for the new plan year, after deducting from the estimated plan costs the amount available in the appropriation under s. 20.435 (5) (af) for that plan year.

AB100-ASA1-AA1,291,6 b. Estimate the amount of enrollee premiums that will be received under sub. (1) (b) 1. a.

AB100-ASA1-AA1,291,12 c. If the amount estimated to be received under subd. 1. a. is less than the amount estimated to be received under subd. 1. b., direct the plan administrator to provide to the department, prior to the beginning of the plan year and according to procedures specified by the department, the amount of the difference. The department shall deposit all amounts received under this subd. 1. c. in the appropriation account under s. 20.435 (5) (gh).

AB100-ASA1-AA1,291,18 2. After making the determinations under subd. 1., by rule set premium rates for the new plan year, including the rates under s. 149.146 (2) (b), in the manner specified in sub. (1) (b) 1. a. and c. and such that a rate for coverage under s. 149.14 is not less than 150% nor more than 200% of the rate that a standard risk would be charged under an individual policy providing substantially the same coverage and deductibles as are provided under the plan.

AB100-ASA1-AA1,291,22 3. By rule set the total insurer assessments under s. 149.13 for the new plan year by estimating and setting the assessments at the amount necessary to equal the amounts specified in sub. (1) (b) 1. d. and 2. a. and notify the commissioner of the amount.

AB100-ASA1-AA1,291,25 4. By the same rule as under subd. 3. adjust the provider payment rate for the new plan year by estimating and setting the rate at the level necessary to equal the amounts specified in sub. (1) (b) 1. d. and 2. b. and as provided in s. 149.145.

AB100-ASA1-AA1,292,6 (b) In setting the premium rates under par. (a) 2., the insurer assessment amount under par. (a) 3. and the provider payment rate under par. (a) 4. for the new plan year, the department shall include any increase or decrease necessary to reflect the amount, if any, by which the rates and amount set under par. (a) for the current plan year differed from the rates and amount which would have equaled the amounts specified in sub. (1) (b) in the current plan year.

AB100-ASA1-AA1,292,16 (3) (a) If, during a plan year, the department determines that the amounts estimated to be received as a result of the rates and amount set under sub. (2) (a) 2. to 4. and any adjustments in insurer assessments and the provider payment rate under s. 149.144 will not be sufficient to cover plan costs, the department may by rule increase the premium rates set under sub. (2) (a) 2. for the remainder of the plan year, subject to s. 149.146 (2) (b) and the maximum specified in sub. (2) (a) 2., by rule increase the assessments set under sub. (2) (a) 3. for the remainder of the plan year, subject to sub. (1) (b) 2. a., and by the same rule under which assessments are increased adjust the provider payment rate set under sub. (2) (a) 4. for the remainder of the plan year, subject to sub. (1) (b) 2. b.

AB100-ASA1-AA1,292,22 (b) If, after increasing premium rates and insurer assessments and adjusting the provider payment rate under par. (a), the department determines that there will still be a deficit and that premium rates have been increased to the maximum extent allowable under par. (a), the department shall further adjust, in equal proportions, assessments set under sub. (2) (a) 3. and the provider payment rate set under sub. (2) (a) 4., without regard to sub. (1) (b) 2.

AB100-ASA1-AA1,293,2 (3m) Subject to s. 149.14 (4m), insurers and providers may recover in the normal course of their respective businesses without time limitation assessments or provider payment rate adjustments used to recoup any deficit incurred under the plan.".

AB100-ASA1-AA1,293,3 897. Page 1357, line 24: delete "discount" and substitute "payment".

AB100-ASA1-AA1,293,4 898. Page 1358, line 2: after that line insert:

AB100-ASA1-AA1,293,5 " Section 3026p. 149.145 of the statutes is created to read:

AB100-ASA1-AA1,293,15 149.145 Program budget. The department, in consultation with the board, shall establish a program budget for each plan year. The program budget shall be based on the provider payment rates specified in s. 149.15 (3) (e) and in the most recent provider contracts that are in effect and on the funding sources specified in s. 149.143 (1), including the methodologies specified in ss. 149.143, 149.144 and 149.146 for determining premium rates, insurer assessments and provider payment rates. Except as otherwise provided in s. 149.143 (3) (a) and (b), from the program budget the department shall derive the actual provider payment rate for a plan year that reflects the providers' proportional share of the plan costs, consistent with ss. 149.143 and 149.144.".

AB100-ASA1-AA1,293,16 899. Page 1358, line 6: after that line insert:

AB100-ASA1-AA1,293,17 " Section 3027r. 149.15 (3) (f) of the statutes is created to read:

AB100-ASA1-AA1,293,19 149.15 (3) (f) Advise the department on the choice of coverage under s. 149.146.".

AB100-ASA1-AA1,293,20 900. Page 1358, line 10: delete lines 10 and 11 and substitute:

AB100-ASA1-AA1,293,21 "149.16 (1) The fiscal agent under s. 49.45 (2) (b) 2. shall administer the plan.

AB100-ASA1-AA1, s. 3031m Section 3031m. 149.20 of the statutes is created to read:

AB100-ASA1-AA1,293,24 149.20 Rule-making in consultation with board. In promulgating any rules under this chapter, the department shall consult with the board.".

AB100-ASA1-AA1,294,1 901. Page 1372, line 7: after that line insert:

AB100-ASA1-AA1,294,2 " Section 3092c. 165.08 of the statutes is amended to read:

AB100-ASA1-AA1,294,12 165.08 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 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, except that a civil action prosecuted by the department under s. 165.251 may be compromised or discontinued only with the approval of the person who requested legal representation from the department. 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.".

AB100-ASA1-AA1,294,13 902. Page 1372, line 12: after that line insert:

AB100-ASA1-AA1,294,14 " Section 3094g. 165.251 of the statutes is created to read: