AB1-SSA1-SA2,332,10
9136.03 (title)
Duties of the department of agriculture, trade and
10consumer protection justice.
AB1-SSA1-SA2,332,1712
136.03
(1) (intro.) The department of
agriculture, trade and consumer
13protection of justice shall investigate violations of this chapter and of rules and
14orders issued under s. 136.04. The department
of justice may subpoena persons and
15records to facilitate its investigations, and may enforce compliance with such
16subpoenas as provided in s. 885.12. The department
of justice may
in on behalf of
17the state:
AB1-SSA1-SA2,332,22
19136.04 Powers of the department of agriculture, trade and consumer
20protection justice. (1) The department of
agriculture, trade and consumer
21protection justice may adopt such rules as may be required to carry out the purposes
22of this chapter.
AB1-SSA1-SA2,333,2
23(2) The department of
agriculture, trade and consumer protection justice after
24public hearing may issue general or special orders to carry out the purposes of this
1chapter and to determine and prohibit unfair trade practices in business or unfair
2methods of competition in business pursuant to s. 100.20 (2) to (4).".
AB1-SSA1-SA2,333,95
139.44
(3) Any permittee who fails to keep the records required by ss. 139.30
6to 139.42 or 139.77 to 139.82 shall be fined not less than
$100 $500 nor more than
7$500 $1,000 for the first offense and shall be fined not less than $1,000 nor more than
8$5,000 or imprisoned not more than
6 months 180 days or both
for the 2nd or
9subsequent offense.
AB1-SSA1-SA2,333,1411
139.44
(4) Any person who refuses to permit the examination or inspection
12authorized in s. 139.39 (2) or 139.83 may be fined not
more less than $500
nor more
13than $1,000 or imprisoned not more than
90 180 days or both. Such refusal shall be
14cause for immediate suspension or revocation of permit by the secretary.
AB1-SSA1-SA2,333,1916
139.44
(6m) Any person who manufactures or sells cigarettes in this state
17without holding the proper permit issued under this subchapter shall be fined not
18less than $1,000 nor more than $10,000 or imprisoned not less than 6 months nor
19more than 2 years or both.
AB1-SSA1-SA2, s. 318dn
20Section 318dn. 139.44 (6m) of the statutes, as created by 2001 Wisconsin Act
21.... (this act), is amended to read:
AB1-SSA1-SA2,334,222
139.44
(6m) Any person who manufactures or sells cigarettes in this state
23without holding the proper permit issued under this subchapter
shall be fined not
1less than $1,000 nor more than $10,000 or imprisoned not less than 6 months nor
2more than 2 years or both is guilty of a Class I felony.
AB1-SSA1-SA2,334,104
139.44
(7) In addition to the penalties imposed for violation of ss. 139.30 to
5139.41 or 139.75 to 139.83 or any of the rules of the department, the permit of any
6person convicted
of a 2nd or subsequent offense shall be automatically revoked
and, 7he or she shall not be granted another permit for a period of
2 5 years following such
8revocation
, and, for the 5-year period following revocation, he or she shall not act as
9the employee or agent of a permittee under this subchapter to perform acts
10authorized by any permit issued to the permittee under this subchapter.".
AB1-SSA1-SA2,334,12
12"
Section 318z. 139.44 (8) (a) to (c) of the statutes are amended to read:
AB1-SSA1-SA2,334,1513
139.44
(8) (a) If the number of cigarettes does not exceed 6,000, a fine of not
14more than
$200 $1,000 or imprisonment for not more than
6 months one year in the
15county jail or both.
AB1-SSA1-SA2,334,1816
(b) If the number of cigarettes exceeds 6,000 but does not exceed 36,000,
a fine
17of not more than $1,000 or imprisonment for not more than one year in the county
18jail or both the person is guilty of a Class I felony.
AB1-SSA1-SA2,334,2119
(c) If the number of cigarettes exceeds 36,000,
a fine of not more than $10,000
20or imprisonment for not more than 3 years or both the person is guilty of a Class H
21felony.".
AB1-SSA1-SA2,335,3
1139.45 Prosecutions by attorney general. Upon request by the secretary
2of revenue, the attorney general may represent this state or assist a district attorney
3in prosecuting any case arising under this subchapter
or under ss. 134.65 and 134.66.
AB1-SSA1-SA2,335,85
139.75
(2) "Consumer" means
any individual who receives tobacco products for
6his or her personal use or consumption or any
person individual who has title to or
7possession of tobacco products
in storage for
use or other consumption in this state 8any purpose other than for sale or resale.
AB1-SSA1-SA2,335,1110
139.75
(3g) "Direct marketer" means any person who solicits or sells tobacco
11products to consumers in this state by direct marketing.
AB1-SSA1-SA2,335,1613
139.75
(3r) "Direct marketing" means publishing or making accessible an offer
14for the sale of tobacco products to consumers in this state, or selling tobacco products
15to consumers in this state, using any means by which the consumer is not physically
16present at the time of sale on a premise that sells tobacco products.
AB1-SSA1-SA2,335,2018
139.75
(4) (a) Any person
in this state engaged in the business of selling tobacco
19products
in this state who brings, or causes to be brought, into this state from outside
20the state any tobacco products for sale;
AB1-SSA1-SA2,335,2422
139.75
(4) (c) Any person
outside this state engaged in the business of selling
23tobacco products
outside this state who ships or transports tobacco products to
24retailers in this state to be sold by those retailers.
AB1-SSA1-SA2,336,2
1139.75
(4) (cm) Any person outside this state engaged in the business of selling
2tobacco products who ships or transports tobacco products to consumers in this state.
AB1-SSA1-SA2,336,64
139.75
(5s) "Person" means any individual, sole proprietorship, partnership,
5limited liability company, corporation, or association, or any owner of a single-owner
6entity that is disregarded as a separate entity under ch. 71.
AB1-SSA1-SA2,336,98
139.75
(7) "Retail outlet" means each place of business from which tobacco
9products are sold to consumers
by a retailer.
AB1-SSA1-SA2,336,1411
139.75
(8) "Retailer" means any person
engaged in the business of selling
12tobacco products who sells, exposes for sale, or possesses with intent to sell, to
13ultimate consumers
any tobacco products by any means in which the consumer is
14physically present at the time of sale on a premises that sells tobacco products.
AB1-SSA1-SA2,336,1816
139.76
(3) Except as provided in sub. (2), no person may possess tobacco
17products in this state unless the tax imposed under sub. (1) is paid on such tobacco
18products.
AB1-SSA1-SA2,336,2220
139.78
(1m) Except as provided in s. 139.76 (2), no person other than a
21distributor with a valid permit under s. 139.79 may import into this state tobacco
22products for which the tax imposed under s. 139.76 (1) has not been paid.
AB1-SSA1-SA2,336,24
24139.79 (title)
Permits; distributor; direct marketer; subjobber.
AB1-SSA1-SA2,337,4
1139.79
(1) No person may engage in the business of a distributor
, direct
2marketer, or subjobber of tobacco products at any place of business unless that
3person has filed an application for and obtained a permit from the department to
4engage in that business at such place.
AB1-SSA1-SA2,337,76
139.79
(2) Section 139.34 (1)
(b)
(c) to (f), (4) and (9) applies to the permits under
7this section.
AB1-SSA1-SA2,337,15
9139.795 Direct marketing. (1) (a) No person may sell tobacco products by
10direct marketing to consumers in this state as a direct marketer or solicit sales of
11tobacco products to consumers in this state by direct marketing unless the person has
12obtained a permit from the department to make such sales or solicitations. The
13person shall file an application for a permit under this subsection with the
14department, in the manner prescribed by the department, and shall submit a $500
15fee with the application.
AB1-SSA1-SA2,337,1916
(b) No person may be issued a permit under this subsection unless the person
17holds a valid distributor's permit under s. 139.79. Section 139.34 (1) (c) to (f), (7), and
18(9), as it applies to permits issued under s. 139.34, applies to permits issued under
19this subsection.
AB1-SSA1-SA2,337,2020
(c) A permit issued under this subsection expires on December 31 of each year.
AB1-SSA1-SA2,338,321
(d) No person may be issued a permit under this subsection unless the person
22certifies to the department, in the manner prescribed by the department, that all
23tobacco product sales to consumers in this state shall be credit card or personal check
24transactions; that the invoice for all shipments of tobacco product sales from the
25person shall bear the person's name and address and the permit number of the
1permit ultimately issued under this subsection; and that the person shall provide the
2department any information the department considers necessary to administer this
3section.
AB1-SSA1-SA2,338,6
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.
AB1-SSA1-SA2,338,9
7(3) No person may sell tobacco products to a consumer in this state by direct
8marketing unless the person verifies the consumer's identity and that the consumer
9is at least 18 years of age by any of the following methods:
AB1-SSA1-SA2,338,1110
(a) The person uses a database, approved by the department, that includes
11information based on public records to verify the consumer's age and identity.
AB1-SSA1-SA2,338,1712
(b) The person receives from the consumer, at the time of purchase, a notarized
13copy of a government issued identification, the name specified on the identification
14matches the name of the consumer, and the birth date on the identification verifies
15that the purchaser is at least 18 years of age. In this paragraph, "government issued
16identification" includes a valid driver's license, state identification card, passport, or
17military identification.
AB1-SSA1-SA2,338,1918
(c) The person uses a mechanism, other than a mechanism under par. (a) or (b),
19for verifying the age and identity of a consumer that is approved by the department.
AB1-SSA1-SA2,338,24
20(4) Any person who, without having a valid permit under sub. (1), sells or
21solicits sales of tobacco products to consumers in this state by direct marketing shall
22pay a penalty to the department of $5,000 or an amount that is equal to 50% of the
23tax due on the tobacco products the person sold, without having a valid permit under
24sub. (1), to consumers in this state by direct marketing, whichever is greater.
AB1-SSA1-SA2,339,2
1(5) No tobacco products may be shipped or delivered to a person who is under
218 years of age and no tobacco products may be shipped to a post-office box.
AB1-SSA1-SA2,339,5
3(6) All revenue collected from permits and penalties under this section shall
4be credited to the appropriation account under s. 20.566 (1) (gc) to enforce and
5administer this section.
AB1-SSA1-SA2,339,227
139.81
(1) No person may sell
or take orders for tobacco products
for resale or
8solicit sales of tobacco products in this state
for any manufacturer or permittee 9unless the person has filed an application for and obtained a valid certificate under
10s. 73.03 (50) and a salesperson's permit from the department. No
manufacturer or 11permittee shall authorize any person to sell
or take orders for tobacco products
or
12solicit sales of tobacco products in this state unless the person has filed an application
13for and obtained a valid certificate under s. 73.03 (50) and a salesperson's permit.
14No person shall authorize another person to sell tobacco products or solicit sales of
15tobacco products in this state unless the person has filed an application for and
16obtained a valid certificate under s. 73.03 (50) and a valid permit under s. 139.79. 17Each application for a permit shall disclose the name and address of the employer
18and shall remain effective only while the salesperson represents the named
19employer. If the salesperson is thereafter employed by another
manufacturer or
20permittee person the salesperson shall obtain a new salesperson's permit. Each
21manufacturer and permittee shall notify the department within 10 days after the
22resignation or dismissal of any salesperson holding a permit.
AB1-SSA1-SA2,339,2524
139.81
(2) Section 139.34 (1)
(b)
(c) to (e) applies to the permits under this
25section.".
AB1-SSA1-SA2,340,2
2"
Section 329r. 146.50 (4) (title) of the statutes is amended to read:
AB1-SSA1-SA2,340,43
146.50
(4) (title)
Ambulance staffing
and operational plans; limitations;
4rules.
AB1-SSA1-SA2, s. 329s
5Section 329s. 146.50 (4) (c) of the statutes is renumbered 146.50 (4) (c) (intro.)
6and amended to read:
AB1-SSA1-SA2,340,177
146.50
(4) (c) (intro.) Notwithstanding par. (a), the department may
8promulgate rules that establish standards for
approval by the department of
9operational plans for the staffing of ambulances in which the primary services
10provided are those which an emergency medical technician - intermediate is
11authorized to provide or those which an emergency medical technician - paramedic
12is authorized to provide.
Rules promulgated by the department under this
13paragraph may permit the department to approve an operational plan, for services
14that an emergency medical technician-paramedic is authorized to provide, that is
15submitted by an ambulance service provider that provided these services before
16January 1, 2000, only if the operational plan specifies all of the following for the
17transport of a patient in a prehospital setting:
AB1-SSA1-SA2,340,2419
146.50
(4) (c) 1. That the ambulance service provider ensures, in writing, that
20the ambulance is staffed with at least 2 emergency medical technicians-paramedic,
21licensed registered nurses, licensed physician assistants, or physicians or a
22combination of any 2 of these, who are trained in the use of all skills authorized by
23rule for an emergency medical technician-paramedic and are designated by the
24medical director of the ambulance service.
AB1-SSA1-SA2,341,52
146.50
(4) (c) 2. That the ambulance staff, as specified in subd. 1., is dispatched
3from the same site, together, to the scene of an emergency. This subdivision does not
4apply if the ambulance service provider, as of October 1, 2001, dispatched ambulance
5staff from multiple sites to the scene of an emergency.
AB1-SSA1-SA2,341,107
146.50
(4) (c) 3. That if an emergency medical technician-paramedic arrives
8at the scene of an emergency prior to the arrival of the ambulance staff, as specified
9in subd. 1., the emergency medical technician-paramedic may provide services using
10all skills authorized by rule for an emergency medical technician-paramedic.".
AB1-SSA1-SA2,341,1413
146.50
(13) (a) The department may promulgate rules necessary for
14administration of this section
, as limited under sub. (4) (c).".
AB1-SSA1-SA2,341,1817
146.83
(1) (b) Receive a copy of the patient's health care records upon payment
18of
reasonable costs fees, as established by rule under sub. (3m).
