Amendment ASA1-SB55

SB55-ASA1, s. 1405 Section 1405. 125.33 (2) (n) 2. of the statutes is amended to read:

SB55-ASA1,938,10 125.33 (2) (n) 2. Notwithstanding subd. 1., no brewer or wholesaler may provide business entertainment to a Class "B" licensee or permittee under subd. 1. in one day that has a value exceeding $75 $500, and no brewer or wholesaler may provide business entertainment to a Class "B" licensee or permittee under subd. 1. on more than 8 days in any calendar year.

SB55-ASA1, s. 1406 Section 1406. 125.33 (2s) of the statutes is amended to read:

SB55-ASA1,938,16 125.33 (2s) Exception for retail trade association contributions. Notwithstanding the prohibitions in sub. (1), a brewer that produces 350,000 or more barrels of fermented malt beverages annually or wholesaler may contribute money or other things of value to a bona fide national or, statewide, or local trade association which derives its principle income from membership dues of Class "B" licensees.

SB55-ASA1, s. 2812m Section 2812m. 125.33 (7m) of the statutes is created to read:

SB55-ASA1,938,22 125.33 (7m) Conditional purchases. No Class "A" or Class "B" licensee may condition the purchase of fermented malt beverages from a brewer or wholesaler upon the furnishing by the brewer or wholesaler of any thing of value, other than the products purchased, to the licensee or to any person for the use, benefit, or relief of the licensee.

SB55-ASA1, s. 2812s Section 2812s. 125.35 of the statutes is created to read:

SB55-ASA1,938,25 125.35 Fermented malt beverage dealerships. (1) Definitions. In this section, unless otherwise qualified:

SB55-ASA1,939,1 (a) "Dealer" has the meaning given in s. 135.02 (2).

SB55-ASA1,939,2 (b) "Dealership" has the meaning given in s. 135.02 (3).

SB55-ASA1,939,3 (c) "Grantor" has the meaning given in s. 135.02 (5).

SB55-ASA1,939,4 (d) "Person" has the meaning given in s. 135.02 (6).

SB55-ASA1,939,10 (2) Compensation of prior dealer. Notwithstanding s. 135.03, and except as provided in sub. (3), any person who assumes, in whole or in part, a dealership described in s. 135.02 (3) (c) following the grantor's termination, cancellation, or nonrenewal in whole or in part of a prior dealership agreement shall compensate the prior dealer for the fair market value of that portion of the dealership assumed unless the grantor terminated, canceled, or failed to renew for any of the following reasons:

SB55-ASA1,939,13 (a) The prior dealer engaged in material fraudulent conduct or made material and substantial misrepresentations in its dealings with the grantor or with others related to the dealership.

SB55-ASA1,939,15 (b) The prior dealer was convicted of, or pleaded no contest to, a felony crime substantially related to the dealer's ability to operate the dealership.

SB55-ASA1,939,17 (c) The prior dealer knowingly distributed dealership products outside the territory authorized by the grantor.

SB55-ASA1,939,22 (3) Termination by prior dealer. A prior dealer is not entitled to compensation under sub. (2) if, before any termination, cancellation, or nonrenewal by the grantor or assumption by another dealer of any dealership specified in sub. (2), the prior dealer terminated business relations with the grantor by means of any of the following:

SB55-ASA1,939,23 (a) Death, retirement, or dissolution of the prior dealer.

SB55-ASA1,939,25 (b) Failure of the prior dealer to engage in the operation of the dealership business, including sale of the dealership business.

SB55-ASA1,940,2 (c) Failure of the prior dealer to order goods from the grantor within the previous 30 days.

SB55-ASA1,940,16 (4) Binding arbitration. The grantor shall advise the person assuming the dealership of the person's obligations under sub. (2) prior to the person's assumption of the dealership. If the person assuming a dealership under sub. (2) and the prior dealer agree in writing to the fair market value of that portion of the dealership assumed, the person assuming the dealership shall pay the agreed upon sum to the prior dealer within 30 days of the date on which the parties reached the agreement. If no written agreement for compensation of the prior dealer is reached within 30 days after the grantor's termination, cancellation, or nonrenewal of the prior dealership agreement, the prior dealer may submit the dispute for binding arbitration, subject to ch. 788, through a nationally recognized arbitration association. Unless the parties agree otherwise, the arbitration shall be conducted on an expedited basis to the extent an expedited proceeding is reasonably available through the arbitration association, and each party shall pay an equal share of the cost of the arbitration.

SB55-ASA1, s. 2814g Section 2814g. 134.66 (3) (title) of the statutes is repealed and recreated to read:

SB55-ASA1,940,19 134.66 (3) (title) Defenses.

SB55-ASA1, s. 2814i Section 2814i. 134.66 (3) (intro.) of the statutes is renumbered 134.66 (3) (a) (intro.).

SB55-ASA1, s. 2814L Section 2814L. 134.66 (3) (br) of the statutes is created to read:

SB55-ASA1,941,4 134.66 (3) (br) Proof by a retailer that the act for which the retailer is being prosecuted under sub. (2) (a) was committed by his or her agent or employee and that the retailer provided training on the prohibitions under sub. (2) (a) to that agent or employee is a defense to any prosecution for a violation of sub. (2) (a). The defense is not available to a retailer who knowingly permits his or her agent or employee to sell or provide for nominal or no consideration cigarettes or tobacco products to individuals under the age of 18.

SB55-ASA1, s. 1407 Section 1407. 135.02 (3) (c) of the statutes is created to read:

SB55-ASA1,941,10 135.02 (3) (c) A contract or agreement, either expressed or implied, whether oral or written, between 2 or more persons by which a wholesaler, as defined in s. 125.02 (21), is granted the right to sell or distribute fermented malt beverages or use a trade name, trademark, service mark, logotype, brand, advertising, or other commercial symbol related to fermented malt beverages.

SB55-ASA1, s. 2830g Section 2830g. 137.01 (1) (a) of the statutes is amended to read:

SB55-ASA1,941,14 137.01 (1) (a) The governor shall appoint notaries public who shall be Wisconsin United States residents and at least 18 years of age. Applicants who are not attorneys shall file an application with the secretary of state and pay a $20 fee.

SB55-ASA1, s. 2830j Section 2830j. 137.01 (1) (d) of the statutes is amended to read:

SB55-ASA1,941,19 137.01 (1) (d) Qualified applicants shall be notified by the secretary of state to take and file the official oath and execute and file an official bond in the sum of $500, with a surety to be approved by the clerk of the circuit court for his or her county, or, if executed by a surety company, and approved by the secretary of state.

SB55-ASA1, s. 2830m Section 2830m. 137.01 (2) (a) of the statutes is amended to read:

SB55-ASA1,942,2 137.01 (2) (a) Any Wisconsin Except as provided in par. (am), any United States resident who is licensed to practice law in this state is entitled to a permanent commission as a notary public upon application to the secretary of state and payment of a $50 fee. The application shall include a certificate of good standing from the supreme court, the signature and post-office address of the applicant and an impression of the applicant's official seal, or imprint of the applicant's official rubber stamp.

SB55-ASA1, s. 2830p Section 2830p. 137.01 (2) (am) of the statutes is created to read:

SB55-ASA1,942,10 137.01 (2) (am) If a United States resident has his or her license to practice law in this state suspended or revoked, upon reinstatement of his or her license to practice law in this state, the person may be entitled to receive a certificate of appointment as a notary public for a term of 4 years. An eligible notary appointed under this paragraph is entitled to reappointment for 4-year increments. At least 30 days before the expiration of a commission under this paragraph the secretary of state shall mail notice of the expiration date to the holder of the commission.

SB55-ASA1, s. 2830r Section 2830r. 137.01 (2) (b) of the statutes is amended to read:

SB55-ASA1,942,15 137.01 (2) (b) The secretary of state shall issue a certificate of appointment as a notary public to persons who qualify under the requirements of this subsection. Such The certificate shall state that the notary commission is permanent or is for 4 years.

SB55-ASA1, s. 2833g Section 2833g. 137.01 (6) (b) of the statutes is repealed.

SB55-ASA1, s. 2833j Section 2833j. 137.01 (6m) of the statutes is amended to read:

SB55-ASA1,942,21 137.01 (6m) Change of residence. A notary public shall does not vacate his or her office by reason of his or her change of residence within the state United States. Written notice of any change of address shall be given to the secretary of state within 5 10 days of such the change.

SB55-ASA1, s. 2833m Section 2833m. 137.01 (7) of the statutes is amended to read:

SB55-ASA1,943,9 137.01 (7) Official records to be filed. When any notary public ceases to hold office the notary public, or in case of the notary public's death the notary public's executor or administrator, shall deposit the notary public's official records and papers in the office of the clerk of the circuit court of the county of the notary public's residence secretary of state. If any such notary or any executor or administrator, after such records and papers come to his or her hands, neglects for 3 months to deposit them, he or she shall forfeit not less than $50 nor more than $500. If any person knowingly destroys, defaces or conceals any records or papers of any notary public, the person shall forfeit not less than $50 nor more than $500, and shall be liable to the party injured for all damages thereby sustained. The clerks of the circuit courts secretary of state shall receive and safely keep all such papers and records in their office.

SB55-ASA1, s. 1408 Section 1408. 139.30 (7) of the statutes is amended to read:

SB55-ASA1,943,13 139.30 (7) "Manufacturer" means any person who manufactures cigarettes for the purpose of sale, including the authorized agent of a person who manufactures cigarettes for the purpose of sale.

SB55-ASA1, s. 2842m Section 2842m. 139.31 (1) (a) of the statutes is amended to read:

SB55-ASA1,943,16 139.31 (1) (a) On cigarettes weighing not more than 3 pounds per thousand, 29.5 34 mills on each cigarette.

SB55-ASA1, s. 2842n Section 2842n. 139.31 (1) (b) of the statutes is amended to read:

SB55-ASA1,943,19 139.31 (1) (b) On cigarettes weighing more than 3 pounds per thousand, 59 68 mills on each cigarette.

SB55-ASA1, s. 1409 Section 1409. 139.31 (4) of the statutes is created to read:

SB55-ASA1,943,24 139.31 (4) No person may sell or distribute in this state, acquire, store, possess, or transport for sale or distribution in this state, import or cause to be imported into this state for sale or distribution in this state, or affix stamps as described under s. 139.32 to, any of the following:

SB55-ASA1,944,4 (a) A cigarette package on which a statement, label, stamp, sticker, or notice indicates that the manufacturer did not intend the cigarettes in the package to be sold, distributed, or used in the United States, including labels stating "for export only," "U.S. tax exempt," "for use outside U.S.," or similar wording.

SB55-ASA1,944,6 (b) A cigarette package that does not comply with 15 USC 1333 and 15 USC 1335 or other federal law.

SB55-ASA1,944,7 (c) A cigarette package that has been altered as described in sub. (5).

SB55-ASA1,944,9 (d) Any cigarettes that are imported into the United States in violation of federal law.

SB55-ASA1, s. 1410 Section 1410. 139.31 (5) of the statutes is created to read:

SB55-ASA1,944,13 139.31 (5) (a) No person may alter a cigarette package before the sale or distribution to the ultimate consumer so as to remove, conceal, or obscure any of the following:

SB55-ASA1,944,14 1. Any statement, label, stamp, sticker, or notice described in sub. (4) (a).

SB55-ASA1,944,16 2. Any health warning that is not specified in or that does not conform with the requirements under 15 USC 1333.

SB55-ASA1,944,18 (b) No person may affix stamps, as described in s. 139.32, to any cigarette package that is altered as described in par. (a).

SB55-ASA1, s. 2845m Section 2845m. 139.31 (6) of the statutes is created to read:

SB55-ASA1,944,24 139.31 (6) Subsections (4) and (5) do not apply to cigarettes that may be brought into the United States for personal use and cigarettes that are sold or intended for sale by a duty-free enterprise, as provided under 19 USC 1555, not including cigarettes that are brought into a customs territory, as defined under 19 USC 1555 (2) (b) (C), for resale within the customs territory.

SB55-ASA1, s. 1411 Section 1411. 139.34 (3) of the statutes is created to read:

SB55-ASA1,945,4 139.34 (3) No distributor may affix stamps to cigarette packages, as provided in s. 139.32, unless the distributor certifies to the department, in a manner prescribed by the department, that the distributor purchases cigarettes directly from a manufacturer.

SB55-ASA1, s. 2847m Section 2847m. 139.39 (4m) of the statutes is created to read:

SB55-ASA1,945,8 139.39 (4m) Any person who sells, distributes, or manufactures cigarettes and who sustains direct economic or commercial injury as the result of a violation of this chapter may bring an action for injunctive relief.

SB55-ASA1, s. 2847n Section 2847n. 139.40 (1) of the statutes is amended to read:

SB55-ASA1,945,14 139.40 (1) All cigarettes acquired, owned, imported, possessed, kept, stored, made, sold, distributed or transported in violation of this chapter, and all personal property used in connection therewith is unlawful property and subject to seizure by the secretary or any peace officer. All cigarettes seized for violating s. 139.31 (4) or (5) shall be destroyed.

SB55-ASA1, s. 2848m Section 2848m. 139.76 (1) of the statutes is amended to read:

SB55-ASA1,946,2 139.76 (1) An excise tax is imposed upon the sale, offering or exposing for sale, possession with intent to sell or removal for consumption or sale or other disposition for any purpose of tobacco products by any person engaged as a distributor of them at the rate of 20% 30% of the manufacturer's established list price to distributors without diminution by volume or other discounts on domestic products. On products imported from another country the rate of tax is 20% 30% of the amount obtained by adding the manufacturer's list price to the federal tax, duties and transportation costs to the United States. The tax attaches at the time the tobacco products are received by the distributor in this state. The tax shall be passed on to the ultimate consumer of the tobacco products. All tobacco products received in this state for sale or distribution within this state, except tobacco products actually sold as provided in sub. (2), shall be subject to such tax.

SB55-ASA1, s. 2848n Section 2848n. 139.78 (1) of the statutes is amended to read:

SB55-ASA1,946,8 139.78 (1) A tax is imposed upon the use or storage by consumers of tobacco products in this state at the rate of 20% 30% of the cost of the tobacco products. The tax does not apply if the tax imposed by s. 139.76 (1) on the tobacco products has been paid or if the tobacco products are exempt from the tobacco products tax under s. 139.76 (2).

SB55-ASA1, s. 2848r Section 2848r. 146.185 (3) of the statutes is amended to read:

SB55-ASA1,946,20 146.185 (3) From the appropriation under s. 20.435 (5) (fh) (kb), the department shall in each fiscal year award up to $200,000 in grants for activities to improve the health status of economically disadvantaged minority group members. A person may apply, in the manner specified by the department, for a grant of up to $50,000 in each fiscal year to conduct these activities. A grant awarded An awardee of a grant under this subsection may not exceed 50% of the cost of the activities. An applicant's required contribution for a grant shall provide, for at least 50% of the grant amount, matching funds that may consist of funding or an in-kind contribution. An applicant that is not a federally qualified health center, as defined under 42 CFR 405.2401 (b) shall receive priority for grants awarded under this subsection.

SB55-ASA1, s. 2848s Section 2848s. 146.185 (4) of the statutes is amended to read:

SB55-ASA1,946,25 146.185 (4) From the appropriation under s. 20.435 (5) (fh) (kb), the department shall award a grant of up to $100,000 $50,000 in each fiscal year to a private nonprofit corporation that applies, in the manner specified by the department, to conduct a public information campaign on minority health.

SB55-ASA1, s. 1412 Section 1412. 146.55 (2m) (a) of the statutes is repealed and recreated to read:

SB55-ASA1,947,6 146.55 (2m) (a) The department shall contract with a physician to direct the state emergency medical services program. The department may expend from the funding under the federal preventive health services project grant program under 42 USC 2476 under the appropriation under s. 20.435 (1) (mc), $25,000 in each fiscal year for this purpose.

SB55-ASA1, s. 2850b Section 2850b. 146.65 of the statutes is created to read:

SB55-ASA1,947,13 146.65 Rural health dental clinic. From the appropriation under s. 20.435 (5) (dm), the department shall distribute funds to the rural health dental clinic located in Ladysmith that provides dental services to persons in the counties of Rusk, Price, Taylor, Sawyer, and Chippewa who are developmentally disabled or elderly or who have low income. The department shall also seek federal funding to support the operations of the rural health dental clinic.

SB55-ASA1, s. 2850c Section 2850c. 149.115 of the statutes is amended to read:

SB55-ASA1,947,20 149.115 Rules relating to creditable coverage. The commissioner, in consultation with the department, shall promulgate rules that specify how creditable coverage is to be aggregated for purposes of ss. s. 149.10 (2t) (a) and 149.14 (6) (b) 1. a. and that determine the creditable coverage to which ss. s. 149.10 (2t) (b) and (d) and 149.14 (6) (b) 1. b. and d. apply applies. The rules shall comply with section 2701 (c) of P.L. 104-191.

SB55-ASA1, s. 2850d Section 2850d. 149.13 (4) of the statutes is created to read:

SB55-ASA1,947,25 149.13 (4) Notwithstanding subs. (1) to (3), the department, with the agreement of the commissioner, may perform various administrative functions related to the assessment of insurers participating in the cost of administering the plan.

SB55-ASA1, s. 2850e Section 2850e. 149.14 (3) (nm) of the statutes is created to read:

SB55-ASA1,948,3 149.14 (3) (nm) Hospice care provided by a hospice licensed under subch. IV of ch. 50.

SB55-ASA1, s. 2850f Section 2850f. 149.14 (5) (title) of the statutes is amended to read:

SB55-ASA1,948,6 149.14 (5) (title) Deductibles, copayments and, coinsurance, and out-of-pocket limits.

SB55-ASA1, s. 2850g Section 2850g. 149.14 (5) (b) of the statutes is amended to read: