AB100: Bill Text

AB100,1254,20 139.78 (2) On or before the 15th day of each month, every consumer who during the preceding month has acquired title to or possession for use or storage in this state of tobacco products upon which the tax imposed by s. 139.76 (1) has not been paid shall file a return with the department showing the quantity of tobacco products acquired. The return shall be made upon a form furnished and prescribed by the department and shall contain the information that the department requires. The return shall be accompanied by a remittance for the full unpaid tax liability At the time when the return is filed, the consumer shall pay the tax.

AB100, s. 2976 Section 2976. 139.79 (1) of the statutes is amended to read:

AB100,1255,2 139.79 (1) No person may engage in the business of a distributor or subjobber of tobacco products at any place of business without first having unless that person has filed an application for and obtained a permit from the department to engage in that business at such place. Every application for a permit shall be made on a form prescribed by the department, and the application form shall require the information that is necessary to administer this section.

AB100, s. 2977 Section 2977. 139.81 (1) of the statutes is amended to read:

AB100,1255,15 139.81 (1) No person may sell or take orders for tobacco products for resale in this state for any manufacturer or permittee without first obtaining unless the person has filed an application for and obtained a salesperson's permit from the department. No manufacturer or permittee shall authorize any person to sell or take orders for tobacco products in this state without first having such person secure unless the person has filed an application for and obtained a salesperson's permit. The fee for the permit is $2. 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 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.

AB100, s. 2978 Section 2978. 139.82 (2) (a) of the statutes is amended to read:

AB100,1255,21 139.82 (2) (a) Except as provided in par. (b), every permittee shall render a true and correct invoice of every sale of tobacco products at wholesale and shall on or before the 15th day of each calendar month make file a verified report to the department of all tobacco products purchased, sold, received, warehoused or withdrawn during the preceding calendar month.

AB100, s. 2979 Section 2979. 139.82 (5) of the statutes is amended to read:

AB100,1256,5 139.82 (5) If any permittee fails to file a report when due the permittee shall be required to pay a late filing fee of $10. A report that is mailed shall be considered filed in time if it is mailed in a properly addressed envelope with first class postage prepaid, if the envelope is officially postmarked on the date due, and if the report is actually received by the department or at the destination that the department prescribes within 5 days of the due date. A report that is not mailed is timely if it is received on or before the due date by the department or at the destination that the department prescribes.

AB100, s. 2980 Section 2980. 139.95 (2) of the statutes is amended to read:

AB100,1256,10 139.95 (2) A dealer who possesses a schedule I controlled substance or schedule II controlled substance that does not bear evidence that the tax under s. 139.88 has been paid may be fined not more than $10,000 or imprisoned for not more than 5 7 years and 6 months or both.

AB100, s. 2981 Section 2981. 139.95 (3) of the statutes is amended to read:

AB100,1256,19 139.95 (3) Any person who falsely or fraudulently makes, alters or counterfeits any stamp or procures or causes the same to be done or who knowingly utters, publishes, passes or tenders as true any false, altered or counterfeit stamp or who affixes a counterfeit stamp to a schedule I controlled substance or schedule II controlled substance or who possesses a schedule I controlled substance or schedule II controlled substance to which a false, altered or counterfeit stamp is affixed may be fined not more than $10,000 or imprisoned for not less than one year nor more than 10 15 years or both.

AB100, s. 2982 Section 2982. 145.10 (3) of the statutes is amended to read:

AB100,1257,6 145.10 (3) No order revoking a license, registration or permit under this section shall be made until after a public hearing to be held before the department at such place as the department designates. At least 10 days prior to the hearing the department shall send written notice of the time and place of the hearing to the licensee or permittee and to the person's attorney or agent of record by mailing the notice to the last-known address of such persons. The testimony presented and proceedings had at the hearing shall be recorded and preserved as the records of the department. The department shall as soon thereafter as possible make its findings and determination and send a copy to each interested party. One year after the date of revocation under this section, application may be made for a new license or registration.

AB100, s. 2983 Section 2983. 145.19 (6) of the statutes is amended to read:

AB100,1257,13 145.19 (6) Groundwater fee. In addition to the fee under sub. (2), the governmental unit responsible for the regulation of private sewage systems shall collect a groundwater fee of $25 for each sanitary permit. The governmental unit shall forward this fee to the department together with the copy of the sanitary permit and the fee under sub. (3). The moneys collected under this subsection shall be credited to the environmental fund for groundwater environmental management.

AB100, s. 2984 Section 2984. 146.0255 (3) (b) of the statutes is amended to read:

AB100,1257,18 146.0255 (3) (b) A statement of explanation that the test results must be disclosed to a county department under s. 46.215, 46.22 or 46.23 or, in a county having a population of 500,000 or more, to the county department under s. 51.42 or 51.437 in accordance with s. 46.238 if the test results are positive.

AB100, s. 2985 Section 2985. 146.183 of the statutes is repealed.

AB100, s. 2986 Section 2986. 146.19 (2) (intro.) of the statutes is amended to read:

AB100,1258,3 146.19 (2) Cooperative American Indian health project grants. (intro.) From the appropriation under s. 20.435 (1) (5) (ek), the department shall award grants for cooperative American Indian health projects in order to promote cooperation among tribes, tribal agencies, inter-tribal organizations and other agencies and organizations in addressing specific problem areas in the field of American Indian health. A tribe, tribal agency or inter-tribal organization may apply, in the manner specified by the department, for a grant of up to $10,000 to conduct a cooperative American Indian health project, which meets all of the following requirements:

AB100, s. 2987 Section 2987. 146.40 (3) of the statutes is amended to read:

AB100,1258,16 146.40 (3) The Except as provided in sub. (4d), the department shall certify instructional and competency evaluation programs for nurse's assistants, for home health aides and for hospice aides that apply for certification and satisfy standards for certification promulgated by rule by the department. The department shall review the curriculum of each certified instructional and competency evaluation program at least once every 36 months following the date of certification to determine whether the program satisfies the standards for certification. The Under this subsection, the department may, after providing notice, suspend or revoke the certification of an instructional and competency evaluation program or impose a plan of correction on the program if the program does not satisfy the standards for certification or operates under conditions that are other than those contained in the application approved by the department.

AB100, s. 2988 Section 2988. 146.40 (3m) of the statutes is amended to read:

AB100,1259,2 146.40 (3m) The department shall review competency evaluation programs for nurse's assistants, for home health aides and for hospice aides and , except as provided in sub. (4d), may approve those competency evaluation programs that satisfy standards for approval that are specified in rules of the department. The Under this subsection, the department may, after providing notice, suspend or revoke approval of a competency evaluation program or impose a plan of correction if the competency evaluation program fails to satisfy the standards or operates under conditions that are other than those contained in the application approved by the department.

AB100, s. 2989 Section 2989. 146.40 (4d) of the statutes is created to read:

AB100,1259,8 146.40 (4d) (a) The department shall require each applicant to provide the department with his or her social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing a certification under sub. (3) or an approval under sub. (3m).

AB100,1259,11 (b) The department may not disclose any information received under par. (a) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB100,1259,14 (c) The department shall deny an application for the issuance of a certification or approval specified in par. (a) if the applicant does not provide the information specified in par. (a). A denial under this paragraph is subject to review under ch. 227.

AB100,1259,18 (d) The department shall deny an application for the issuance of a certification or approval specified in par. (a) or shall revoke a certification or approval if the department of revenue certifies under s. 73.0301 that the applicant for or holder of a certification or approval is liable for delinquent taxes.

AB100, s. 2990 Section 2990. 146.40 (4m) of the statutes is amended to read:

AB100,1260,10 146.40 (4m) An instructional and competency evaluation program under sub. (3) for which the department has suspended or revoked certification or imposed a plan of correction or a competency evaluation program under sub. (3m) for which the department has suspended or revoked approval or imposed a plan of correction may contest the department's action by sending, within 10 days after receipt of notice of the contested action, a written request for hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days after receipt of the request for hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227. In any petition for judicial review of a decision by the division, the party, other than the petitioner, who was in the proceeding before the division shall be the named respondent. This subsection does not apply to a revocation of certification under sub. (4d) (d).

AB100, s. 2991 Section 2991. 146.50 (5) (a) of the statutes is amended to read:

AB100,1260,16 146.50 (5) (a) The Except as provided in s. 146.51, the department shall license qualified applicants as ambulance service providers or emergency medical technicians. The department shall, from the information on the certification form specified under sub. (6) (c) 2., establish in each ambulance service provider's biennial license the primary service or contract area of the ambulance service provider.

AB100, s. 2992 Section 2992. 146.50 (5) (b) of the statutes is amended to read:

AB100,1260,20 146.50 (5) (b) The department shall promulgate rules establishing a system and qualifications for issuance of training permits, except as provided in s. 146.51, and specifying the period for which an individual may hold a training permit.

AB100, s. 2993 Section 2993. 146.50 (5) (g) of the statutes is amended to read:

AB100,1261,2 146.50 (5) (g) An Except as provided in s. 146.51, an emergency medical technician license shall be issued to the individual licensed, and the department may not impose a requirement that an individual be affiliated with an ambulance service provider in order to receive an emergency medical technician license or to have an emergency medical technician license renewed.

AB100, s. 2994 Section 2994. 146.50 (6) (a) (intro.) of the statutes is amended to read:

AB100,1261,5 146.50 (6) (a) (intro.) To Except as provided in s. 146.51, to be eligible for an initial license as an emergency medical technician, an individual shall:

AB100, s. 2995 Section 2995. 146.50 (6) (b) 1. of the statutes is amended to read:

AB100,1261,10 146.50 (6) (b) 1. To Except as provided in s. 146.51, to be eligible for a renewal of a license as an emergency medical technician, the licensee shall, in addition to meeting the requirements of par. (a) 1., complete the training, education or examination requirements specified in rules promulgated under subd. 2.

AB100, s. 2996 Section 2996. 146.50 (6) (c) (intro.) of the statutes is amended to read:

AB100,1261,21 146.50 (6) (c) (intro.) To Except as provided in s. 146.51, to be eligible for a license as an ambulance service provider, an individual shall be 18 years of age or older and have such additional qualifications as may be established in rules promulgated by the department, except that no ambulance service provider may be required to take training or an examination or receive education to qualify for licensure or for renewal of licensure. An ambulance service provider shall, as a condition of licensure, provide medical malpractice insurance sufficient to protect all emergency medical technicians who perform for compensation as employes of the ambulance service provider. For renewal of a biennial license as an ambulance service provider, an applicant shall also provide all of the following:

AB100, s. 2997 Section 2997. 146.50 (6g) (a) of the statutes is amended to read:

AB100,1261,25 146.50 (6g) (a) The Except as provided in s. 146.51, the department shall certify qualified applicants for the performance of defibrillation, under certification standards that the department shall promulgate as rules.

AB100, s. 2998 Section 2998. 146.50 (7) of the statutes is amended to read:

AB100,1262,8 146.50 (7) Licensing in other jurisdictions. The Except as provided in s. 146.51, the department may issue a license as an emergency medical technician, without examination, to any individual who holds a current license or certificate as an emergency medical technician from another jurisdiction if the department finds that the standards for licensing or issuing certificates in the other jurisdiction are at least substantially equivalent to those in this state, and that the applicant is otherwise qualified.

AB100, s. 2999 Section 2999. 146.50 (8) (a) of the statutes is amended to read:

AB100,1262,11 146.50 (8) (a) The Except as provided in s. 146.51, the department shall certify qualified applicants as first responders—defibrillation.

AB100, s. 3000 Section 3000. 146.50 (8) (b) of the statutes is amended to read:

AB100,1262,15 146.50 (8) (b) To be eligible for initial certification as a first responder—defibrillation, except as provided in s. 146.51, an individual shall meet requirements specified in rules promulgated by the department.

AB100, s. 3001 Section 3001. 146.50 (8) (c) of the statutes is amended to read:

AB100,1262,20 146.50 (8) (c) To be eligible for a renewal of a certificate as a first responder—defibrillation, except as provided in s. 146.51, the holder of the certificate shall satisfactorily complete any requirements specified in rules promulgated by the department.

AB100, s. 3002 Section 3002. 146.50 (8) (f) of the statutes is amended to read:

AB100,1263,4 146.50 (8) (f) The Except as provided in s. 146.51, the department may issue a certificate as a first responder—defibrillation, without requiring satisfactory completion of any instruction or training that may be required under par. (b), to any individual who holds a current license or certificate as a first responder from another jurisdiction if the department finds that the standards for licensing or issuing certificates in the other jurisdiction are at least substantially equivalent to the standards for issuance of certificates for first responders—defibrillation in this state, and that the applicant is otherwise qualified.

AB100, s. 3003 Section 3003. 146.51 of the statutes is created to read:

AB100,1263,10 146.51 Denial, nonrenewal and suspension of license, training permit or certification based on certain delinquency in payment. (1) The department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, as a condition of issuing or renewing any of the following:

AB100,1263,11 (a) A license under s. 146.50 (5) (a).

AB100,1263,12 (b) A training permit under s. 146.50 (5) (b).

AB100,1263,13 (c) A certification under s. 146.50 (6g) (a) or (8) (a).

AB100,1263,16 (2) The department may not disclose any information received under sub. (1) to any person except to the department of industry, labor and job development for the purpose of making certifications required under s. 49.857.

AB100,1263,25 (3) The department shall deny an application for the issuance or renewal of a license, training permit or certification specified in sub. (1), shall suspend a license, training permit or certification specified in sub. (1) or may, under a memorandum of understanding under s. 49.857 (2), restrict a license, training permit or certification specified in sub. (1) if the department of industry, labor and job development certifies under s. 49.857 that the applicant for or holder of the license, training permit or certification is delinquent in the payment of court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse.

AB100, s. 3004 Section 3004. 146.55 (4) (a) of the statutes is amended to read:

AB100,1264,9 146.55 (4) (a) From the appropriation under s. 20.435 (1) (5) (rm), the department shall annually distribute funds for ambulance service vehicles or vehicle equipment, emergency medical services supplies or equipment or emergency medical training for personnel to an ambulance service provider that is a public agency, a volunteer fire department or a nonprofit corporation, under a funding formula consisting of an identical base amount for each ambulance service provider plus a supplemental amount based on the population of the ambulance service provider's primary service or contract area, as established under s. 146.50 (5).

AB100, s. 3005 Section 3005. 146.55 (5) of the statutes is amended to read:

AB100,1264,18 146.55 (5) Emergency medical technician training and examination aid. From the appropriation under s. 20.435 (1) (5) (rm), the department shall annually distribute funds to entities, including technical college districts, whose courses or instructional programs are approved by the department under s. 146.50 (9), to assist the entities in providing the training required for licensure and renewal of licensure as an emergency medical technician—basic under s. 146.50 (6), and to fund each examination administered by the entity for licensure or renewal of licensure as an emergency medical technician—basic under s. 146.50 (6) (a) 3. and (b) 1.

AB100, s. 3006 Section 3006. 146.57 (3) (a) of the statutes is amended to read:

AB100,1265,2 146.57 (3) (a) The department shall implement a statewide poison control program. From the appropriation under s. 20.435 (1) (5) (ds), the department shall, if the requirement under par. (b) is met, distribute total funding of not more than $187,500 in each fiscal year to supplement the operation of the program and to provide for the statewide collection and reporting of poison control data. The department may, but need not, distribute all of the funds in each fiscal year to a single poison control center.

AB100, s. 3007 Section 3007. 146.58 (8) of the statutes is amended to read:

AB100,1265,5 146.58 (8) Review the annual budget prepared by the department for the expenditures under s. 20.435 (1) (5) (rm).

AB100, s. 3008 Section 3008. 146.70 (1) (f) of the statutes is amended to read:

AB100,1265,10 146.70 (1) (f) "Public agency" means any municipality local governmental unit, as defined in s. 345.05 (1) (c) (bg), or any state agency which provides or is authorized by statute to provide fire fighting, law enforcement, ambulance, medical or other emergency services.

AB100, s. 3009 Section 3009. 146.81 (1) (hm) of the statutes is amended to read:

AB100,1265,14 146.81 (1) (hm) A speech-language pathologist or audiologist licensed under subch. II of ch. 459 or a speech and language pathologist licensed by the department of education public instruction.

AB100, s. 3010 Section 3010. 146.82 (2) (a) 9. e. of the statutes is amended to read:

AB100,1266,12 146.82 (2) (a) 9. e. The restrictions on information that is obtainable by staff members of the protection and advocacy agency or private, nonprofit corporation that are specified in subd. 9. c. and d. do not apply if the custodian of the record fails to promptly provide the name and address of the parent or guardian; if a complaint is received by the agency or nonprofit corporation about a patient, or if the agency or nonprofit corporation determines that there is probable cause to believe that the health or safety of the patient is in serious and immediate jeopardy, the agency or nonprofit corporation has made a good-faith effort to contact the parent or guardian upon receiving the name and address of the parent or guardian, the agency or nonprofit corporation has either been unable to contact the parent or guardian or has offered assistance to the parent or guardian to resolve the situation and the parent or guardian has failed or refused to act on behalf of the patient; or if a complaint is received by the agency or nonprofit corporation about a patient or there is otherwise probable cause to believe that the patient has been subject to abuse or neglect by a parent or guardian; or if the patient is a minor whose custody has been transferred to a legal custodian, as defined in s. 48.02 (11) or for whom, the patient is unable by reason of his or her mental or physical condition to authorize the agency or nonprofit corporation to have access and the patient, if an adult, does not have a guardian appointed under s. 880.33 or, if a minor, has had appointed a guardian that is an agency of the state or a county has been appointed or does not have a parent, a guardian appointed under s. 48.831, a legal custodian, as defined in s. 48.02 (11), or a guardian appointed under s. 880.33.

AB100, s. 3011 Section 3011. 146.93 (1) (a) of the statutes is amended to read:

AB100,1266,17 146.93 (1) (a) From the appropriation under s. 20.435 (1) (5) (gp), the department shall maintain a program for the provision of primary health care services based on the primary health care program in existence on June 30, 1987. The department may promulgate rules necessary to implement the program.

AB100, s. 3012 Section 3012. 146.99 of the statutes is amended to read:

AB100,1267,2 146.99 Assessments. The department shall, within 90 days after the commencement of each fiscal year, estimate the total amount of expenditures and the department shall assess the estimated total amount under s. 20.435 (1) (5) (gp) to hospitals, as defined in s. 50.33 (2), in proportion to each hospital's respective gross private-pay patient revenues during the hospital's most recently concluded entire fiscal year. Each hospital shall pay its assessment on or before December 1 for the fiscal year. All payments of assessments shall be deposited in the appropriation under s. 20.435 (1) (5) (gp).

AB100, s. 3013 Section 3013. Chapter 149 (title) of the statutes is created to read:

AB100,1267,4 Chapter 149

AB100,1267,6 Mandatory health insurance risk-sharing plan

AB100, s. 3014 Section 3014. 149.10 (2c) of the statutes is created to read:

AB100,1267,8 149.10 (2c) "Commissioner" means the commissioner of insurance.

AB100, s. 3015 Section 3015. 149.10 (2m) of the statutes is created to read:

AB100,1267,11 149.10 (2m) "Department" means the department of health and family services.