Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2,335,16 139.75 (3r) "Direct marketing" means publishing or making accessible an offer for the sale of tobacco products to consumers in this state, or selling tobacco products to consumers in this state, using any means by which the consumer is not physically present at the time of sale on a premise that sells tobacco products.

AB1-SSA1-SA2, s. 319f Section 319f. 139.75 (4) (a) of the statutes is amended to read:

AB1-SSA1-SA2,335,20 139.75 (4) (a) Any person in this state engaged in the business of selling tobacco products in this state who brings, or causes to be brought, into this state from outside the state any tobacco products for sale;

AB1-SSA1-SA2, s. 319g Section 319g. 139.75 (4) (c) of the statutes is amended to read:

AB1-SSA1-SA2,335,24 139.75 (4) (c) Any person outside this state engaged in the business of selling tobacco products outside this state who ships or transports tobacco products to retailers in this state to be sold by those retailers.

AB1-SSA1-SA2, s. 319h Section 319h. 139.75 (4) (cm) of the statutes is created to read:

AB1-SSA1-SA2,336,2 139.75 (4) (cm) Any person outside this state engaged in the business of selling tobacco products who ships or transports tobacco products to consumers in this state.

AB1-SSA1-SA2, s. 319i Section 319i. 139.75 (5s) of the statutes is created to read:

AB1-SSA1-SA2,336,6 139.75 (5s) "Person" means any individual, sole proprietorship, partnership, limited liability company, corporation, or association, or any owner of a single-owner entity that is disregarded as a separate entity under ch. 71.

AB1-SSA1-SA2, s. 319j Section 319j. 139.75 (7) of the statutes is amended to read:

AB1-SSA1-SA2,336,9 139.75 (7) "Retail outlet" means each place of business from which tobacco products are sold to consumers by a retailer.

AB1-SSA1-SA2, s. 319k Section 319k. 139.75 (8) of the statutes is amended to read:

AB1-SSA1-SA2,336,14 139.75 (8) "Retailer" means any person engaged in the business of selling tobacco products who sells, exposes for sale, or possesses with intent to sell, to ultimate consumers any tobacco products by any means in which the consumer is physically present at the time of sale on a premises that sells tobacco products.

AB1-SSA1-SA2, s. 319L Section 319L. 139.76 (3) of the statutes is created to read:

AB1-SSA1-SA2,336,18 139.76 (3) Except as provided in sub. (2), no person may possess tobacco products in this state unless the tax imposed under sub. (1) is paid on such tobacco products.

AB1-SSA1-SA2, s. 319m Section 319m. 139.78 (1m) of the statutes is created to read:

AB1-SSA1-SA2,336,22 139.78 (1m) Except as provided in s. 139.76 (2), no person other than a distributor with a valid permit under s. 139.79 may import into this state tobacco products for which the tax imposed under s. 139.76 (1) has not been paid.

AB1-SSA1-SA2, s. 319n Section 319n. 139.79 (title) of the statutes is amended to read:

AB1-SSA1-SA2,336,24 139.79 (title) Permits; distributor; direct marketer; subjobber.

AB1-SSA1-SA2, s. 319p Section 319p. 139.79 (1) of the statutes is amended to read:

AB1-SSA1-SA2,337,4 139.79 (1) No person may engage in the business of a distributor, direct marketer, or subjobber of tobacco products at any place of business unless that person has filed an application for and obtained a permit from the department to engage in that business at such place.

AB1-SSA1-SA2, s. 319q Section 319q. 139.79 (2) of the statutes is amended to read:

AB1-SSA1-SA2,337,7 139.79 (2) Section 139.34 (1) (b) (c) to (f), (4) and (9) applies to the permits under this section.

AB1-SSA1-SA2, s. 319r Section 319r. 139.795 of the statutes is created to read:

AB1-SSA1-SA2,337,15 139.795 Direct marketing. (1) (a) No person may sell tobacco products by direct marketing to consumers in this state as a direct marketer or solicit sales of tobacco products to consumers in this state by direct marketing unless the person has obtained a permit from the department to make such sales or solicitations. The person shall file an application for a permit under this subsection with the department, in the manner prescribed by the department, and shall submit a $500 fee with the application.

AB1-SSA1-SA2,337,19 (b) No person may be issued a permit under this subsection unless the person holds a valid distributor's permit under s. 139.79. Section 139.34 (1) (c) to (f), (7), and (9), as it applies to permits issued under s. 139.34, applies to permits issued under this subsection.

AB1-SSA1-SA2,337,20 (c) A permit issued under this subsection expires on December 31 of each year.

AB1-SSA1-SA2,338,3 (d) No person may be issued a permit under this subsection unless the person certifies to the department, in the manner prescribed by the department, that all tobacco product sales to consumers in this state shall be credit card or personal check transactions; that the invoice for all shipments of tobacco product sales from the person shall bear the person's name and address and the permit number of the permit ultimately issued under this subsection; and that the person shall provide the department any information the department considers necessary to administer this section.

AB1-SSA1-SA2,338,6 (2) No person may sell tobacco products to consumers in this state by direct marketing unless the tax imposed under s. 139.76, and under s. 77.52 or 77.53, has been paid with regard to such products.

AB1-SSA1-SA2,338,9 (3) No person may sell tobacco products to a consumer in this state by direct marketing unless the person verifies the consumer's identity and that the consumer is at least 18 years of age by any of the following methods:

AB1-SSA1-SA2,338,11 (a) The person uses a database, approved by the department, that includes information based on public records to verify the consumer's age and identity.

AB1-SSA1-SA2,338,17 (b) The person receives from the consumer, at the time of purchase, a notarized copy of a government issued identification, the name specified on the identification matches the name of the consumer, and the birth date on the identification verifies that the purchaser is at least 18 years of age. In this paragraph, "government issued identification" includes a valid driver's license, state identification card, passport, or military identification.

AB1-SSA1-SA2,338,19 (c) The person uses a mechanism, other than a mechanism under par. (a) or (b), for verifying the age and identity of a consumer that is approved by the department.

AB1-SSA1-SA2,338,24 (4) Any person who, without having a valid permit under sub. (1), sells or solicits sales of tobacco products to consumers in this state by direct marketing shall pay a penalty to the department of $5,000 or an amount that is equal to 50% of the tax due on the tobacco products the person sold, without having a valid permit under sub. (1), to consumers in this state by direct marketing, whichever is greater.

AB1-SSA1-SA2,339,2 (5) No tobacco products may be shipped or delivered to a person who is under 18 years of age and no tobacco products may be shipped to a post-office box.

AB1-SSA1-SA2,339,5 (6) All revenue collected from permits and penalties under this section shall be credited to the appropriation account under s. 20.566 (1) (gc) to enforce and administer this section.

AB1-SSA1-SA2, s. 319s Section 319s. 139.81 (1) of the statutes is amended to read:

AB1-SSA1-SA2,339,22 139.81 (1) No person may sell or take orders for tobacco products for resale or solicit sales of tobacco products in this state for any manufacturer or permittee unless the person has filed an application for and obtained a valid certificate under s. 73.03 (50) and a salesperson's permit from the department. No manufacturer or permittee shall authorize any person to sell or take orders for tobacco products or solicit sales of tobacco products in this state unless the person has filed an application for and obtained a valid certificate under s. 73.03 (50) and a salesperson's permit. No person shall authorize another person to sell tobacco products or solicit sales of tobacco products in this state unless the person has filed an application for and obtained a valid certificate under s. 73.03 (50) and a valid permit under s. 139.79. 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 person 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.

AB1-SSA1-SA2, s. 319t Section 319t. 139.81 (2) of the statutes is amended to read:

AB1-SSA1-SA2,339,25 139.81 (2) Section 139.34 (1) (b) (c) to (e) applies to the permits under this section.".

AB1-SSA1-SA2,340,1 386. Page 170, line 15: after that line insert:

AB1-SSA1-SA2,340,2 " Section 329r. 146.50 (4) (title) of the statutes is amended to read:

AB1-SSA1-SA2,340,4 146.50 (4) (title) Ambulance staffing and operational plans; limitations; rules.

AB1-SSA1-SA2, s. 329s Section 329s. 146.50 (4) (c) of the statutes is renumbered 146.50 (4) (c) (intro.) and amended to read:

AB1-SSA1-SA2,340,17 146.50 (4) (c) (intro.) Notwithstanding par. (a), the department may promulgate rules that establish standards for approval by the department of operational plans for the staffing of ambulances in which the primary services provided are those which an emergency medical technician - intermediate is authorized to provide or those which an emergency medical technician - paramedic is authorized to provide. Rules promulgated by the department under this paragraph may permit the department to approve an operational plan, for services that an emergency medical technician-paramedic is authorized to provide, that is submitted by an ambulance service provider that provided these services before January 1, 2000, only if the operational plan specifies all of the following for the transport of a patient in a prehospital setting:

AB1-SSA1-SA2, s. 329t Section 329t. 146.50 (4) (c) 1. of the statutes is created to read:

AB1-SSA1-SA2,340,24 146.50 (4) (c) 1. That the ambulance service provider ensures, in writing, that the ambulance is staffed with at least 2 emergency medical technicians-paramedic, licensed registered nurses, licensed physician assistants, or physicians or a combination of any 2 of these, who are trained in the use of all skills authorized by rule for an emergency medical technician-paramedic and are designated by the medical director of the ambulance service.

AB1-SSA1-SA2, s. 329u Section 329u. 146.50 (4) (c) 2. of the statutes is created to read:

AB1-SSA1-SA2,341,5 146.50 (4) (c) 2. That the ambulance staff, as specified in subd. 1., is dispatched from the same site, together, to the scene of an emergency. This subdivision does not apply if the ambulance service provider, as of October 1, 2001, dispatched ambulance staff from multiple sites to the scene of an emergency.

AB1-SSA1-SA2, s. 329v Section 329v. 146.50 (4) (c) 3. of the statutes is created to read:

AB1-SSA1-SA2,341,10 146.50 (4) (c) 3. That if an emergency medical technician-paramedic arrives at the scene of an emergency prior to the arrival of the ambulance staff, as specified in subd. 1., the emergency medical technician-paramedic may provide services using all skills authorized by rule for an emergency medical technician-paramedic.".

AB1-SSA1-SA2,341,11 387. Page 171, line 12: after that line insert:

AB1-SSA1-SA2,341,12 " Section 333h. 146.50 (13) (a) of the statutes is amended to read:

AB1-SSA1-SA2,341,14 146.50 (13) (a) The department may promulgate rules necessary for administration of this section, as limited under sub. (4) (c).".

AB1-SSA1-SA2,341,15 388. Page 172, line 10: after that line insert:

AB1-SSA1-SA2,341,16 " Section 336g. 146.83 (1) (b) of the statutes is amended to read:

AB1-SSA1-SA2,341,18 146.83 (1) (b) Receive a copy of the patient's health care records upon payment of reasonable costs fees, as established by rule under sub. (3m).

AB1-SSA1-SA2, s. 336h Section 336h. 146.83 (1) (c) of the statutes is amended to read:

AB1-SSA1-SA2,341,22 146.83 (1) (c) Receive a copy of the health care provider's X-ray reports or have the X-rays referred to another health care provider of the patient's choice upon payment of reasonable costs fees, as established by rule under sub. (3m).

AB1-SSA1-SA2, s. 336i Section 336i. 146.83 (3m) of the statutes is created to read:

AB1-SSA1-SA2,342,7 146.83 (3m) The department shall, by rule, prescribe fees that are based on an approximation of actual costs. The fees, plus applicable state tax, are the maximum amount that a health care provider may charge under sub. (1) (b) for duplicate patient health care records and under sub. (1) (c) for duplicate X-ray reports or the referral of X-rays to another health care provider of the patient's choice. The rule shall also permit the health care provider to charge for actual postage or other actual delivery costs.".

AB1-SSA1-SA2,342,8 389. Page 172, line 10: after that line insert:

AB1-SSA1-SA2,342,9 " Section 336cc. 150.01 (2g) of the statutes is created to read:

AB1-SSA1-SA2,342,11 150.01 (2g) "Ambulatory surgery center" has the meaning given in 42 CFR 416.2.

AB1-SSA1-SA2, s. 336cd Section 336cd. 150.01 (8g) of the statutes is created to read:

AB1-SSA1-SA2,342,14 150.01 (8g) "Construction" means the establishment, erection, building, purchase, or other acquisition of a hospital or ambulatory surgery center.

AB1-SSA1-SA2, s. 336ce Section 336ce. 150.01 (9m) of the statutes is created to read:

AB1-SSA1-SA2,342,16 150.01 (9m) "Critical access hospital" has the meaning given in s. 50.33 (1g).".

AB1-SSA1-SA2,342,17 390. Page 172, line 25: after that line insert:

AB1-SSA1-SA2,342,19 " Section 336p. Subchapter VI (title) of chapter 150 [precedes150.93] of the statutes is amended to read:

AB1-SSA1-SA2,342,20 CHAPTER 150

AB1-SSA1-SA2,342,21 SUBCHAPTER VI

AB1-SSA1-SA2,342,24 MORATORIUM ON CONSTRUCTION OF HOSPITAL BEDS and ambulatory surgery center limitations

AB1-SSA1-SA2, s. 336q Section 336q. 150.93 (1) of the statutes is renumbered 150.935 (1).

AB1-SSA1-SA2, s. 336r Section 336r. 150.93 (2) to (5) of the statutes are repealed.

AB1-SSA1-SA2, s. 336rd Section 336rd. 150.935 of the statutes is created to read:

AB1-SSA1-SA2,343,6 150.935 Limitations on hospitals and ambulatory surgery centers. (2) As a condition of hospital approval under s. 50.35, no person may, by or on behalf of a hospital, do any of the following:

AB1-SSA1-SA2,343,9 (a) Increase, or obligate for a capital expenditure to increase, the number of approved beds of the hospital that are available on the effective date of this paragraph .... [revisor inserts date].

AB1-SSA1-SA2,343,13 (b) Expand an existing service of the hospital, unless the primary purpose of the expanded service is to provide free or reduced-cost health or dental care to individuals who are determined by the department to be underserved or to have low income.

AB1-SSA1-SA2,343,14 (c) Engage in construction, except for the purpose of any of the following:

AB1-SSA1-SA2,343,16 1. Consolidation of hospitals, if the consolidation does not increase the number of available beds of the hospitals.

AB1-SSA1-SA2,343,18 2. As a response to damage caused by a natural disaster, including an earthquake, or by a fire.

AB1-SSA1-SA2,343,20 3. To eliminate a threat to the safety to patients, staff, or the general public that is due to a physical defect of the hospital.

AB1-SSA1-SA2,343,23 (d) 1. Before January 1, 2003, engage in upgrading renovation, except for routine maintenance or maintenance to eliminate a threat to the safety of patients, staff, or the general public that is due to a physical defect of the hospital.

AB1-SSA1-SA2,344,4 2. If a hospital seeks an opinion from the department concerning whether a proposed project of the hospital violates subd. 1., the department shall issue the opinion. If the hospital, after completing the project, is found to be in violation of subd. 1., the violation does not affect the status of the hospital's approval under s. 50.35 unless the actual, completed project differs materially from the proposed project for which the department issued an opinion.

AB1-SSA1-SA2,344,6 (3) As a condition of hospital approval under s. 50.35, a hospital shall do all of the following:

AB1-SSA1-SA2,344,10 (a) If the hospital is certified under s. 49.45 (2) (a) 11. as a provider of medical assistance or certified as a provider of services under medicare, as defined in s. 49.45 (3) (L) 1. b., or if the hospital obtains this certification, accept as patients individuals who are medical assistance recipients or medicare beneficiaries.

AB1-SSA1-SA2,344,17 (b) Operate a 24-hour emergency room or, for a hospital approved under s. 50.35 as of the effective date of this paragraph .... [revisor inserts date], have in effect an agreement with another hospital with a 24-hour emergency room under which that other hospital consents to receive patients in need of emergency care that are transferred to it by the hospital that does not operate a 24-hour emergency room. This paragraph does not apply to a hospital that is an inpatient facility, as defined in s. 51.01 (10) or that is certified under s. 49.45 (2) (a) 11. as a rehabilitation hospital.

AB1-SSA1-SA2,344,19 (4) No person may, by or on behalf of an ambulatory surgery center, do any of the following: