Amendment SA2-SSA1-SB55

SB55-SSA1-SA2,415,11 (b) An out-of-state shipper's permit is not required for shipments into this state under this subsection.

SB55-SSA1-SA2, s. 2812w Section 2812w. 125.58 (4) (a) 2. of the statutes is created to read:

SB55-SSA1-SA2,415,13 125.58 (4) (a) 2. The winery holds a valid certificate issued under s. 73.03 (50).

SB55-SSA1-SA2, s. 2812wg Section 2812wg. 125.58 (4) (a) 3. of the statutes is created to read:

SB55-SSA1-SA2,415,18 125.58 (4) (a) 3. The winery submits to the department, with any initial application or renewal for a certificate under s. 73.03 (50), a copy of any current license, permit, or authorization issued to the winery by any state from which the winery will ship wine into this state.

SB55-SSA1-SA2, s. 2812wm Section 2812wm. 125.58 (4) (a) 4. of the statutes is created to read:

SB55-SSA1-SA2,415,24 125.58 (4) (a) 4. The winery submits a report to the department, by January 31 of each year, on forms furnished by the department, providing the identity, quantity, and price of all products shipped into this state during the previous calendar year, along with the name, address, and birthdate of each person who purchased these products and each person to whom these products were shipped.

SB55-SSA1-SA2, s. 2812x Section 2812x. 125.68 (10) (bm) of the statutes is amended to read:

SB55-SSA1-SA2,416,7 125.68 (10) (bm) A winery in compliance with the requirements of s. 125.58 (4) may ship wine into this state under s. 125.58 (4) from a state which that has a reciprocal agreement with this state under s. 139.035 to an individual who is of the legal drinking age if the shipping container is clearly labeled to indicate that the package may not be delivered to an underage person or to an intoxicated person. A person who receives wine under this paragraph may not sell it or use it for a commercial purpose.".

SB55-SSA1-SA2,416,9 1098. Page 939, line 17: delete the material beginning with that line and ending with page 940, line 4.

SB55-SSA1-SA2,416,10 1099. Page 940, line 4: after that line insert:

SB55-SSA1-SA2,416,11 " Section 2818. 134.72 (title) of the statutes is amended to read:

SB55-SSA1-SA2,416,13 134.72 (title) Prohibition of certain unsolicited messages by telephone or facsimile machine.

SB55-SSA1-SA2, s. 2819b Section 2819b. 134.72 (1) (c) of the statutes is renumbered 100.52 (1) (i) and amended to read:

SB55-SSA1-SA2,416,20 100.52 (1) (i) "Telephone solicitation" means the unsolicited initiation of a telephone conversation for the purpose of encouraging a person the recipient of the telephone call to purchase property, goods or services or to make a contribution, donation, grant, or pledge of money, credit, property, or other thing of any kind or value.

SB55-SSA1-SA2, s. 2820d Section 2820d. 134.72 (2) (a) (title) of the statutes is repealed.

SB55-SSA1-SA2, s. 2821b Section 2821b. 134.72 (2) (a) of the statutes is renumbered 100.52 (4) (a) (intro.) and amended to read:

SB55-SSA1-SA2,417,2 100.52 (4) (a) (intro.) No person may use A telephone solicitor or an employee or contractor of a telephone solicitor may not do any of the following:

SB55-SSA1-SA2,417,4 1. Use an electronically prerecorded message in telephone solicitation without the consent of the person called recipient of the telephone call.

SB55-SSA1-SA2, s. 2822 Section 2822. 134.72 (2) (b) (title) of the statutes is repealed.

SB55-SSA1-SA2, s. 2822m Section 2822m. 134.72 (2) (b) of the statutes is renumbered 134.72 (2), and 134.72 (2) (b), as renumbered, is amended to read:

SB55-SSA1-SA2,417,11 134.72 (2) (b) Notwithstanding subd. 1. par. (a), a person may not make a facsimile solicitation to a person who has notified the facsimile solicitor in writing or by facsimile transmission that the person does not want to receive facsimile solicitation.

SB55-SSA1-SA2, s. 2824 Section 2824. 134.72 (3) (a) of the statutes is amended to read:

SB55-SSA1-SA2,417,14 134.72 (3) (a) Intrastate. This section applies to any intrastate telephone solicitation or intrastate facsimile solicitation.

SB55-SSA1-SA2, s. 2825 Section 2825. 134.72 (3) (b) of the statutes is amended to read:

SB55-SSA1-SA2,417,17 134.72 (3) (b) Interstate. This section applies to any interstate telephone solicitation, or interstate facsimile solicitation, received by a person in this state.

SB55-SSA1-SA2, s. 2826 Section 2826. 134.72 (4) of the statutes is amended to read:

SB55-SSA1-SA2,417,20 134.72 (4) Penalty. A person who violates this section may be required to forfeit up to not more than $500.".

SB55-SSA1-SA2,417,21 1100. Page 940, line 4: after that line insert:

SB55-SSA1-SA2,417,22 " Section 2826m. 134.73 of the statutes is created to read:

SB55-SSA1-SA2,417,24 134.73 Identification of prisoner making telephone solicitation. (1) Definitions. In this section:

SB55-SSA1-SA2,418,1 (a) "Contribution" has the meaning given in s. 440.41 (5).

SB55-SSA1-SA2,418,3 (b) "Prisoner" means a prisoner of any public or private correctional or detention facility that is located within or outside this state.

SB55-SSA1-SA2,418,4 (c) "Solicit" has the meaning given in s. 440.41 (8).

SB55-SSA1-SA2,418,6 (d) "Telephone solicitation" means the unsolicited initiation of a telephone conversation for any of the following purposes:

SB55-SSA1-SA2,418,7 1. To encourage a person to purchase property, goods, or services.

SB55-SSA1-SA2,418,8 2. To solicit a contribution from a person.

SB55-SSA1-SA2,418,9 3. To conduct an opinion poll or survey.

SB55-SSA1-SA2,418,11 (2) Requirements. A prisoner who makes a telephone solicitation shall do all of the following immediately after the person called answers the telephone:

SB55-SSA1-SA2,418,12 (a) Identify himself or herself by name.

SB55-SSA1-SA2,418,13 (b) State that he or she is a prisoner.

SB55-SSA1-SA2,418,15 (c) Inform the person called of the name of the correctional or detention facility in which he or she is a prisoner and the city and state in which the facility is located.

SB55-SSA1-SA2,418,17 (3) Territorial application. (a) Intrastate. This section applies to any intrastate telephone solicitation.

SB55-SSA1-SA2,418,19 (b) Interstate. This section applies to any interstate telephone solicitation received by a person in this state.

SB55-SSA1-SA2,418,21 (4) Penalties. (a) A prisoner who violates this section may be required to forfeit not more than $500.

SB55-SSA1-SA2,418,24 (b) If a person who employes a prisoner to engage in telephone solicitation is concerned in the commission of a violation of this section as provided under s. 134.99, the person may be required to forfeit not more than $10,000.

SB55-SSA1-SA2, s. 2826p Section 2826p. 134.95 (2) of the statutes is amended to read:

SB55-SSA1-SA2,419,7 134.95 (2) Supplemental forfeiture. If a fine or a forfeiture is imposed on a person for a violation under s. 100.171, 100.173, 100.174, 100.175, 100.177, 134.71, 134.72, 134.73, or 134.87 or ch. 136 or a rule promulgated under these sections or that chapter, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the fine or forfeiture was imposed, was perpetrated against an elderly person or disabled person and if any of the factors under s. 100.264 (2) (a), (b), or (c) is present.".

SB55-SSA1-SA2,419,8 1101. Page 940, line 4: after that line insert:

SB55-SSA1-SA2,419,9 " Section 2817m. 134.71 (12) of the statutes is amended to read:

SB55-SSA1-SA2,419,16 134.71 (12) Applications and forms. The department of agriculture, trade and consumer protection, in consultation with the department of justice, shall develop applications and other forms required under subs. (5) (intro.) and (8) (c). The department of agriculture, trade and consumer protection shall print a sufficient number of applications and forms to provide to counties and municipalities for distribution to pawnbrokers, secondhand article dealers and secondhand jewelry dealers at no cost.".

SB55-SSA1-SA2,419,17 1102. Page 940, line 5: delete lines 5 to 10.

SB55-SSA1-SA2,419,18 1103. Page 940, line 10: after that line insert:

SB55-SSA1-SA2,419,19 " Section 2828g. 136.03 (title) of the statutes is amended to read:

SB55-SSA1-SA2,419,21 136.03 (title) Duties of the department of agriculture, trade and consumer protection justice.

SB55-SSA1-SA2, s. 2828j Section 2828j. 136.03 (1) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,420,4 136.03 (1) (intro.) The department of agriculture, trade and consumer protection of justice shall investigate violations of this chapter and of rules and orders issued under s. 136.04. The department of justice may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12. The department of justice may in on behalf of the state:

SB55-SSA1-SA2, s. 2828m Section 2828m. 136.04 of the statutes is amended to read:

SB55-SSA1-SA2,420,9 136.04 Powers of the department of agriculture, trade and consumer protection justice. (1) The department of agriculture, trade and consumer protection justice may adopt such rules as may be required to carry out the purposes of this chapter.

SB55-SSA1-SA2,420,13 (2) The department of agriculture, trade and consumer protection justice after public hearing may issue general or special orders to carry out the purposes of this chapter and to determine and prohibit unfair trade practices in business or unfair methods of competition in business pursuant to s. 100.20 (2) to (4).".

SB55-SSA1-SA2,420,14 1104. Page 942, line 16: delete "34" and substitute " 40.5".

SB55-SSA1-SA2,420,15 1105. Page 942, line 18: delete "68" and substitute " 81".

SB55-SSA1-SA2,420,17 1106. Page 944, line 15: delete the material beginning with that line and ending with page 945, line 8.

SB55-SSA1-SA2,420,18 1107. Page 946, line 7: delete lines 7 to 13 and substitute:

SB55-SSA1-SA2,420,19 " Section 2850bc. 146.65 of the statutes is created to read:

SB55-SSA1-SA2,420,21 146.65 Rural health dental clinics. (1) From the appropriation under s. 20.435 (5) (dm), the department shall distribute moneys as follows:

SB55-SSA1-SA2,421,2 (a) In state fiscal year 2001-02, not more than $618,000 and in fiscal year 2002-03, not more than $232,000, to the rural health dental clinic located in Ladysmith that provides dental services to persons who are developmentally disabled or elderly or who have low income, in the counties of Rusk, Price, Taylor, Sawyer, and Chippewa.

SB55-SSA1-SA2,421,7 (b) In fiscal year 2001-02, not more than $294,500 and in state fiscal year 2002-03, not more than $355,600, to the rural health dental clinic located in Menomonie that provides dental services to persons who are developmentally disabled or elderly or who have low income, in the counties of Barron, Chippewa, Dunn, Pepin, Pierce, Polk, and St. Croix.

SB55-SSA1-SA2,421,9 (2) The department shall also seek federal funding to support the operations of the rural health dental clinics under sub. (1).".

SB55-SSA1-SA2,421,10 1108. Page 946, line 13: after that line insert:

SB55-SSA1-SA2,421,11 " Section 2850bg. 146.83 (1) (b) of the statutes is amended to read:

SB55-SSA1-SA2,421,13 146.83 (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).

SB55-SSA1-SA2, s. 2850bh Section 2850bh. 146.83 (1) (c) of the statutes is amended to read:

SB55-SSA1-SA2,421,17 146.83 (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).

SB55-SSA1-SA2, s. 2850bi Section 2850bi. 146.83 (3m) of the statutes is created to read:

SB55-SSA1-SA2,422,2 146.83 (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.".

SB55-SSA1-SA2,422,3 1109. Page 946, line 25: after that line insert:

SB55-SSA1-SA2,422,4 " Section 2850dm. 149.135 of the statutes is created to read:

SB55-SSA1-SA2,422,5 149.135 Special small employer insurer assessment. (1) In this section:

SB55-SSA1-SA2,422,10 (a) "Discontinued individual" means an individual who was covered under the health benefit plan subject to ch. 635 that was discontinued by the small employer insurer that provided the health benefit plan and who obtained coverage under the plan under this chapter after the coverage under the health benefit plan was discontinued.

SB55-SSA1-SA2,422,11 (b) "Health benefit plan" has the meaning given in s. 632.745 (11).

SB55-SSA1-SA2,422,12 (c) "Small employer" has the meaning given in s. 635.02 (7).

SB55-SSA1-SA2,422,13 (d) "Small employer insurer" has the meaning given in s. 635.02 (8).

SB55-SSA1-SA2,422,16 (2) (a) Except as provided in sub. (3), a small employer insurer that discontinues coverage under a health benefit plan that is subject to ch. 635 shall pay a special assessment for each discontinued individual.

SB55-SSA1-SA2,423,2 (b) The assessment under this subsection shall be determined by multiplying the small employer insurer's number of discontinued individuals by the average cost of an eligible person in the year in which the small employer insurer discontinued the coverage under the health benefit plan. The average cost of an eligible person in the year in which the health benefit plan was discontinued shall be determined by deducting from the total costs of the plan under this chapter in that year all premiums paid in that year by all persons with coverage under the plan under this chapter, and then by dividing that amount by the total number of persons with coverage under the plan under this chapter in that year.

SB55-SSA1-SA2,423,6 (c) The assessment under this subsection shall also include all costs that are incurred by the small employer insurer's discontinued individuals during their first 6 months of coverage under the plan under this chapter and that are attributable to preexisting conditions.

SB55-SSA1-SA2,423,8 (d) The board shall determine when a small employer insurer must pay the assessment under this section.

SB55-SSA1-SA2,423,11 (3) The assessment under sub. (2) does not apply if the small employer insurer discontinued coverage under the health benefit plan subject to ch. 635 for any of the following reasons:

SB55-SSA1-SA2,423,13 (a) The small employer failed to pay premiums or contributions in accordance with the terms of the health benefit plan or in a timely manner.