SB40-ASA1,1254,7
1139.455 Revenue distribution. From the taxes collected under this
2subchapter, in fiscal year 2007-08, the department shall deposit no more than
3$324,000,000 into the general fund and the remainder into the health care quality
4fund. From the taxes collected under this subchapter, in fiscal year 2008-09, and in
5each subsequent fiscal year thereafter, the department shall deposit no more than
6$325,000,000 into the general fund and the remainder into the health care quality
7fund.
SB40-ASA1, s. 2359 8Section 2359. 139.76 (1) of the statutes is amended to read:
SB40-ASA1,1254,209 139.76 (1) An excise tax is imposed upon the sale, offering or exposing for sale,
10possession with intent to sell or removal for consumption or sale or other disposition
11for any purpose of tobacco products by any person engaged as a distributor of them
12at the rate of 25% 65.6 percent of the manufacturer's established list price to
13distributors without diminution by volume or other discounts on domestic products.
14On products imported from another country the rate of tax is 25% 65.6 percent of the
15amount obtained by adding the manufacturer's list price to the federal tax, duties
16and transportation costs to the United States. The tax attaches at the time the
17tobacco products are received by the distributor in this state. The tax shall be passed
18on to the ultimate consumer of the tobacco products. All tobacco products received
19in this state for sale or distribution within this state, except tobacco products actually
20sold as provided in sub. (2), shall be subject to such tax.
SB40-ASA1, s. 2360 21Section 2360. 139.78 (1) of the statutes is amended to read:
SB40-ASA1,1255,222 139.78 (1) A tax is imposed upon the use or storage by consumers of tobacco
23products in this state at the rate of 25% 65.6 percent of the cost of the tobacco
24products. The tax does not apply if the tax imposed by s. 139.76 (1) on the tobacco

1products has been paid or if the tobacco products are exempt from the tobacco
2products tax under s. 139.76 (2).
SB40-ASA1, s. 2361 3Section 2361. 139.865 of the statutes is created to read:
SB40-ASA1,1255,10 4139.865 Revenue distribution. From the taxes collected under this
5subchapter, in fiscal year 2007-08, the department shall deposit no more than
6$18,400,000 into the general fund and the remainder into the health care quality
7fund. From the taxes collected under this subchapter, in fiscal year 2008-09, and in
8each subsequent fiscal year thereafter, the department shall deposit no more than
9$19,300,000 into the general fund and the remainder into the health care quality
10fund.
SB40-ASA1, s. 2362 11Section 2362. 146.19 (title) of the statutes is amended to read:
SB40-ASA1,1255,12 12146.19 (title) Cooperative American Indian health projects.
SB40-ASA1, s. 2363 13Section 2363. 146.19 (1) (c) of the statutes is amended to read:
SB40-ASA1,1255,1514 146.19 (1) (c) "Tribal agency" means an agency of the governing body of created
15by
a tribe.
SB40-ASA1, s. 2364 16Section 2364. 146.19 (1) (d) of the statutes is amended to read:
SB40-ASA1,1255,1817 146.19 (1) (d) "Tribe" means the governing body of a federally recognized
18American Indian tribe or band located in this state.
SB40-ASA1, s. 2365 19Section 2365. 146.19 (2) (intro.) of the statutes is amended to read:
SB40-ASA1,1256,320 146.19 (2) Cooperative American Indian health project grants. (intro.) From
21the appropriation under s. 20.435 (5) (ke), the department shall award grants for
22cooperative American Indian health projects in order to promote cooperation among
23tribes, tribal agencies, inter-tribal organizations and other agencies and
24organizations in addressing
address specific problem areas in the field of American
25Indian health. A tribe, tribal agency, or inter-tribal organization may apply, in the

1manner specified by the department, for a grant of up to $10,000 to conduct a
2cooperative
an American Indian health project , which meets all of the following
3requirements
that is designed to do any of the following:
SB40-ASA1, s. 2366 4Section 2366. 146.19 (2) (a) of the statutes is repealed.
SB40-ASA1, s. 2367 5Section 2367. 146.19 (2) (b) (intro.) of the statutes is repealed.
SB40-ASA1, s. 2368 6Section 2368. 146.19 (2) (b) 1. of the statutes is renumbered 146.19 (2) (am).
SB40-ASA1, s. 2369 7Section 2369. 146.19 (2) (b) 2. of the statutes is renumbered 146.19 (2) (bm)
8and amended to read:
SB40-ASA1,1256,109 146.19 (2) (bm) Fund start-up costs of cooperative programs to deliver health
10care services to American Indians.
SB40-ASA1, s. 2370 11Section 2370. 146.19 (2) (b) 3. of the statutes is renumbered 146.19 (2) (c).
SB40-ASA1, s. 2371 12Section 2371. 146.19 (2) (d) of the statutes is created to read:
SB40-ASA1,1256,1413 146.19 (2) (d) Provide innovative community-based health care services to
14American Indians.
SB40-ASA1, s. 2372 15Section 2372. 146.19 (4) of the statutes is repealed.
SB40-ASA1, s. 2373 16Section 2373. 146.40 (4d) (am) of the statutes is amended to read:
SB40-ASA1,1256,2317 146.40 (4d) (am) If an individual who applies for a certification or approval
18under par. (a) does not have a social security number, the individual, as a condition
19of obtaining certification or approval, shall submit a statement made or subscribed
20under oath or affirmation to the department that the applicant does not have a social
21security number. The form of the statement shall be prescribed by the department
22of workforce development children and families. A certification or approval issued
23in reliance upon a false statement submitted under this paragraph is invalid.
SB40-ASA1, s. 2374 24Section 2374. 146.51 (1m) of the statutes is amended to read:
SB40-ASA1,1257,8
1146.51 (1m) If an individual who applies for or to renew a license, training
2permit or certification under sub. (1) does not have a social security number, the
3individual, as a condition of obtaining the license, training permit or certification,
4shall submit a statement made or subscribed under oath or affirmation to the
5department that the applicant does not have a social security number. The form of
6the statement shall be prescribed by the department of workforce development
7children and families. A license, training permit or certification issued or renewed
8in reliance upon a false statement submitted under this subsection is invalid.
SB40-ASA1, s. 2375 9Section 2375. 146.51 (2) of the statutes is amended to read:
SB40-ASA1,1257,1310 146.51 (2) The department of health and family services may not disclose any
11information received under sub. (1) to any person except to the department of
12workforce development children and families for the purpose of making
13certifications required under s. 49.857.
SB40-ASA1, s. 2376 14Section 2376. 146.51 (3) of the statutes is amended to read:
SB40-ASA1,1258,215 146.51 (3) The department of health and family services shall deny an
16application for the issuance or renewal of a license, training permit or certification
17specified in sub. (1), shall suspend a license, training permit or certification specified
18in sub. (1) or may, under a memorandum of understanding under s. 49.857 (2),
19restrict a license, training permit or certification specified in sub. (1) if the
20department of workforce development children and families certifies under s. 49.857
21that the applicant for or holder of the license, training permit or certification is
22delinquent in the payment of court-ordered payments of child or family support,
23maintenance, birth expenses, medical expenses or other expenses related to the
24support of a child or former spouse or fails to comply, after appropriate notice, with
25a subpoena or warrant issued by the department of workforce development children

1and families
or a county child support agency under s. 59.53 (5) and related to
2paternity or child support proceedings.
SB40-ASA1, s. 2377 3Section 2377. 146.52 (1m) of the statutes is amended to read:
SB40-ASA1,1258,114 146.52 (1m) If an individual who applies for or to renew a license, training
5permit or certificate under sub. (1) does not have a social security number, the
6individual, as a condition of obtaining the license, training permit or certificate, shall
7submit a statement made or subscribed under oath or affirmation to the department
8that the applicant does not have a social security number. The form of the statement
9shall be prescribed by the department of workforce development children and
10families
. A license, training permit or certificate issued or renewed in reliance upon
11a false statement submitted under this subsection is invalid.
SB40-ASA1, s. 2378 12Section 2378. 146.55 (4) (a) of the statutes is amended to read:
SB40-ASA1,1258,2013 146.55 (4) (a) From the appropriation under s. 20.435 (5) (ch) (rb), the
14department shall annually distribute funds for ambulance service vehicles or vehicle
15equipment, emergency medical services supplies or equipment or emergency
16medical training for personnel to an ambulance service provider that is a public
17agency, a volunteer fire department or a nonprofit corporation, under a funding
18formula consisting of an identical base amount for each ambulance service provider
19plus a supplemental amount based on the population of the ambulance service
20provider's primary service or contract area, as established under s. 146.50 (5).
SB40-ASA1, s. 2379 21Section 2379. 146.55 (5) (a) of the statutes is amended to read:
SB40-ASA1,1259,322 146.55 (5) (a) From the appropriation under s. 20.435 (5) (ch) (rb), the
23department shall annually distribute funds to ambulance service providers that are
24public agencies, volunteer fire departments, or nonprofit corporations to purchase
25the training required for licensure and renewal of licensure as an emergency medical

1technician - basic under s. 146.50 (6), and to pay for administration of the
2examination required for licensure or renewal of licensure as an emergency medical
3technician - basic under s. 146.50 (6) (a) 3. and (b) 1.
SB40-ASA1, s. 2380 4Section 2380. 146.58 (8) of the statutes is amended to read:
SB40-ASA1,1259,65 146.58 (8) Review the annual budget prepared by the department for the
6expenditures under s. 20.435 (5) (ch) (rb).
SB40-ASA1, s. 2870m 7Section 2870m. 146.68 of the statutes is created to read:
SB40-ASA1,1259,12 8146.68 Grant for colposcopies and other services. From the
9appropriation under s. 20.435 (4) (xf), the department shall provide $100,000 in fiscal
10year 2007-08 and $75,000 in each subsequent fiscal year to an entity that satisfies
11the following criteria to provide colposcopic examinations and to provide services to
12medical assistance recipients or persons who are eligible for medical assistance:
SB40-ASA1,1259,14 13(1) The entity is located in the western or northern public health region of the
14state, as determined by the department.
SB40-ASA1,1259,17 15(2) The entity provides Papanicolaou tests, and at least 50 percent of the
16persons for whom the entity provides Papanicolaou tests are recipients of medical
17assistance or are eligible for medical assistance.
SB40-ASA1, s. 2381 18Section 2381. 146.91 (2) (c) of the statutes is repealed.
SB40-ASA1, s. 2382 19Section 2382. 146.91 (5) of the statutes is repealed.
SB40-ASA1, s. 2383 20Section 2383. 146.99 of the statutes is repealed.
SB40-ASA1, s. 2875e 21Section 2875e. 146.997 (1) (c) of the statutes is amended to read:
SB40-ASA1,1260,222 146.997 (1) (c) "Health care facility" means a facility, as defined in s. 647.01 (4),
23or any hospital, nursing home, community-based residential facility, county home,
24county infirmary, county hospital, county mental health complex or other place
25licensed or approved by the department of health and family services under s. 49.70,

149.71, 49.72, 50.03, 50.35, 51.08 or 51.09 or a facility under s. 45.50, 51.05, 51.06,
2233.40, 233.41, 233.42 or 252.10.
SB40-ASA1, s. 2384 3Section 2384. 149.11 (2) (a) 1. of the statutes is amended to read:
SB40-ASA1,1260,54 149.11 (2) (a) 1. Insurer assessments under s. 149.13 , paid to the authority
5under s. 20.145 (5) (g)
.
SB40-ASA1, s. 2385 6Section 2385. 149.11 (2) (a) 3. of the statutes is repealed and recreated to read:
SB40-ASA1,1260,87 149.11 (2) (a) 3. Moneys received from the federal government in high risk pool
8grants.
SB40-ASA1, s. 2386 9Section 2386. 149.11 (2) (b) of the statutes is amended to read:
SB40-ASA1,1260,1310 149.11 (2) (b) The authority controls the assets of the fund and shall select
11regulated financial institutions in this state that receive deposits in which to
12establish and maintain accounts for assets needed on a current basis. If practicable,
13the accounts shall earn interest
.
SB40-ASA1, s. 2387 14Section 2387. 149.12 (2) (f) 2. g. of the statutes is created to read:
SB40-ASA1,1260,1615 149.12 (2) (f) 2. g. Benefits under the demonstration project for childless adults
16under s. 49.45 (23).
SB40-ASA1, s. 2388 17Section 2388. 149.12 (2) (g) 3. of the statutes is amended to read:
SB40-ASA1,1260,2018 149.12 (2) (g) 3. Services provided under a waiver requested under 2001
19Wisconsin Act 16
, section 9123 (16rs), or 2003 Wisconsin Act 33, section 9124 (8c)
the
20disabled children's long-term support program, as defined in s. 46.011 (1g)
.
SB40-ASA1, s. 2389 21Section 2389. 149.12 (3) (a) of the statutes is amended to read:
SB40-ASA1,1261,222 149.12 (3) (a) Except as provided in pars. (b) and (bm) to (c), no person is eligible
23for coverage under the plan for whom a premium, deductible, or coinsurance amount
24is paid or reimbursed by a federal, state, county, or municipal government or agency
25as of the first day of any term for which a premium amount is paid or reimbursed and

1as of the day after the last day of any term during which a deductible or coinsurance
2amount is paid or reimbursed.
SB40-ASA1, s. 2390 3Section 2390. 149.12 (3) (c) of the statutes is created to read:
SB40-ASA1,1261,74 149.12 (3) (c) Persons for whom premium costs for health insurance coverage
5and copayments for certain prescription drugs are paid under the pilot program
6under s. 49.686 (6) are not ineligible for coverage under the plan by reason of such
7payments.
SB40-ASA1, s. 2391 8Section 2391. 149.13 (3) (a) of the statutes is amended to read:
SB40-ASA1,1261,149 149.13 (3) (a) Each insurer's proportion of participation under sub. (2) shall be
10determined annually by the commissioner based on annual statements and other
11reports filed by the insurer with the commissioner. The commissioner shall assess
12an insurer for the insurer's proportion of participation based on the total
13assessments estimated by the authority. An insurer shall pay the amount of the
14assessment directly to the authority.
SB40-ASA1, s. 2392 15Section 2392. 149.143 (1) (intro.) of the statutes is amended to read:
SB40-ASA1,1261,2116 149.143 (1) Costs excluding subsidies. (intro.) The authority shall pay plan
17costs, excluding any premium, deductible, and copayment subsidies, first from any
18federal funds, if any, that are transferred to the fund under s. 20.145 (5) (m) and
19under s. 149.11 (2) (a) 3. that exceed premium, deductible, and copayment subsidy
20costs in a policy year. The remainder of the plan costs, excluding premium,
21deductible, and copayment subsidy costs, shall be paid as follows:
SB40-ASA1, s. 2393 22Section 2393. 149.143 (2) (intro.) of the statutes is amended to read:
SB40-ASA1,1262,223 149.143 (2) Subsidy costs. (intro.) The authority shall pay for premium,
24deductible, and copayment subsidies in a policy year first from any federal funds, if

1any, that are transferred to the fund under s. 20.145 (5) (m)
under s. 149.11 (2) (a)
23. received
in that year. The remainder of the subsidy costs shall be paid as follows:
SB40-ASA1, s. 2895h 3Section 2895h. Subchapter IV of chapter 149 [precedes 149.60] of the statutes
4is repealed.
SB40-ASA1, s. 2898g 5Section 2898g. 150.84 (2) of the statutes is amended to read:
SB40-ASA1,1262,116 150.84 (2) "Health care facility" means a facility, as defined in s. 647.01 (4), or
7any hospital, nursing home, community-based residential facility, county home,
8county infirmary, county hospital, county mental health center or other place
9licensed or approved by the department under s. 49.70, 49.71, 49.72, 50.02, 50.03,
1050.35, 51.08 or 51.09 or a facility under s. 45.50, 51.05, 51.06, 233.40, 233.41, 233.42
11or 252.10.
SB40-ASA1, s. 2898h 12Section 2898h. 153.05 (2r) (intro.) of the statutes, as affected by 2005
13Wisconsin Act 228
, is amended to read:
SB40-ASA1,1262,2214 153.05 (2r) (intro.) Notwithstanding s. 16.75 (1), (2), and (3m), from the
15appropriation account under s. 20.515 (1) (ut) the department of employee trust
16funds may expend up to $150,000, and
from the appropriation accounts under s.
1720.435 (1) (hg) and (hi) the department of health and family services, in its capacity
18as a public health authority, may expend moneys, to contract with a data
19organization to perform services under this chapter that are specified for the data
20organization under sub. (1) (c) or, if s. 153.455 (4) applies, for the department of
21health and family services to perform or contract for the performance of these
22services. As condition of the contract under this subsection, all of the following apply:
SB40-ASA1, s. 2898p 23Section 2898p. 153.05 (2r) (intro.) of the statutes, as affected by 2007
24Wisconsin Act .... (this act), is amended to read:
SB40-ASA1,1263,9
1153.05 (2r) (intro.) Notwithstanding s. 16.75 (1), (2), and (3m), from the
2appropriation account under s. 20.515 (1) (ut) the department of employee trust
3funds may expend up to $150,000, and
from the appropriation accounts under s.
420.435 (1) (hg) and (hi) the department of health and family services, in its capacity
5as a public health authority, may expend moneys, to contract with a data
6organization to perform services under this chapter that are specified for the data
7organization under sub. (1) (c) or, if s. 153.455 (4) applies, for the department of
8health and family services to perform or contract for the performance of these
9services. As condition of the contract under this subsection, all of the following apply:
SB40-ASA1, s. 2898r 10Section 2898r. 155.01 (6) of the statutes is amended to read:
SB40-ASA1,1263,1611 155.01 (6) "Health care facility" means a facility, as defined in s. 647.01 (4), or
12any hospital, nursing home, community-based residential facility, county home,
13county infirmary, county hospital, county mental health center or other place
14licensed or approved by the department under s. 49.70, 49.71, 49.72, 50.02, 50.03,
1550.35, 51.08 or 51.09 or a facility under s. 45.50, 51.05, 51.06, 233.40, 233.41, 233.42
16or 252.10.
SB40-ASA1, s. 2394 17Section 2394. 165.08 of the statutes is amended to read:
SB40-ASA1,1263,25 18165.08 Power to compromise. Any civil action prosecuted by the
19department by direction of any officer, department, board or commission, shall be
20compromised or discontinued when so directed by such officer, department, board or
21commission. Any Except as provided in s. 20.931 (7) (b), any civil action prosecuted
22by the department on the initiative of the attorney general, or at the request of any
23individual may be compromised or discontinued with the approval of the governor.
24In any criminal action prosecuted by the attorney general, the department shall have
25the same powers with reference to such action as are vested in district attorneys.
SB40-ASA1, s. 2395
1Section 2395. 165.25 (11) of the statutes is created to read:
SB40-ASA1,1264,42 165.25 (11) False claims. Diligently investigate possible violations of s. 20.931,
3and, if the department determines that a person has committed an act that is
4punishable under s. 20.931, may bring a civil action against that person.
SB40-ASA1, s. 2396 5Section 2396. 165.72 (3) of the statutes is amended to read:
SB40-ASA1,1264,96 165.72 (3) Reward payment program. The department shall administer a
7reward payment program. Under the program, the department may offer and pay
8rewards from the appropriation under s. 20.455 (2) (e) (m) for information under sub.
9(2) (a) leading to the arrest and conviction of a person for a violation of ch. 961.
SB40-ASA1, s. 2397 10Section 2397. 165.85 (3) (cm) of the statutes is amended to read:
SB40-ASA1,1265,211 165.85 (3) (cm) Decertify law enforcement, tribal law enforcement, jail or
12secure detention officers who terminate employment or are terminated, who violate
13or fail to comply with a rule or order of the board relating to curriculum or training,
14who fail to pay court-ordered payments of child or family support, maintenance,
15birth expenses, medical expenses or other expenses related to the support of a child
16or former spouse or who fail to comply, after appropriate notice, with a subpoena or
17warrant issued by the department of workforce development children and families
18or a county child support agency under s. 59.53 (5) and related to paternity or child
19support proceedings. The board shall establish procedures for decertification in
20compliance with ch. 227, except that decertification for failure to pay court-ordered
21payments of child or family support, maintenance, birth expenses, medical expenses
22or other expenses related to the support of a child or former spouse or for failure to
23comply, after appropriate notice, with a subpoena or warrant issued by the
24department of workforce development children and families or a county child

1support agency under s. 59.53 (5) and related to paternity or child support
2proceedings shall be done as provided under sub. (3m) (a).
SB40-ASA1, s. 2398 3Section 2398. 165.85 (3m) (a) of the statutes is amended to read:
SB40-ASA1,1265,144 165.85 (3m) (a) As provided in a memorandum of understanding entered into
5with the department of workforce development children and families under s.
649.857, refuse certification to an individual who applies for certification under this
7section, refuse recertification to an individual certified under this section or decertify
8an individual certified under this section if the individual fails to pay court-ordered
9payments of child or family support, maintenance, birth expenses, medical expenses
10or other expenses related to the support of a child or former spouse or if the individual
11fails to comply, after appropriate notice, with a subpoena or warrant issued by the
12department of workforce development children and families or a county child
13support agency under s. 59.53 (5) and related to paternity or child support
14proceedings.
SB40-ASA1, s. 2399 15Section 2399. 165.85 (3m) (b) 1. of the statutes is amended to read:
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