AB100: Bill Text

AB100, s. 2001 Section 2001. 139.75 (7) of the statutes is amended to read:

AB100,944,16 139.75 (7) "Retail outlet" means each place of business from which tobacco products are sold to consumers by a retailer.

AB100, s. 2002 Section 2002. 139.75 (8) of the statutes is amended to read:

AB100,944,19 139.75 (8) "Retailer" means any person engaged in the business of selling tobacco products to ultimate consumers has the meaning given in s. 134.66 (1) (g).

AB100, s. 2003 Section 2003. 139.75 (12) of the statutes is amended to read:

AB100,945,2 139.75 (12) "Tobacco products" means cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready-rubbed and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco and other kinds and forms of tobacco prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking; but "tobacco products" does not include cigarettes, as defined under s. 139.30 (1) (1m).

AB100, s. 2004 Section 2004. 139.76 (3) of the statutes is created to read:

AB100,945,6 139.76 (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.

AB100, s. 2005 Section 2005. 139.78 (1m) of the statutes is created to read:

AB100,945,10 139.78 (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.

AB100, s. 2006 Section 2006. 139.79 (title) of the statutes is amended to read:

AB100,945,12 139.79 (title) Permits; distributor; direct marketer; subjobber.

AB100, s. 2007 Section 2007. 139.79 (1) of the statutes is amended to read:

AB100,945,17 139.79 (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.

AB100, s. 2008 Section 2008. 139.79 (2) of the statutes is amended to read:

AB100,945,20 139.79 (2) Section 139.34 (1) (b) (c) to (f), (4) and (9) applies to the permits under this section.

AB100, s. 2009 Section 2009. 139.795 of the statutes is created to read:

AB100,946,3 139.795 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.

AB100,946,7 (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.

AB100,946,8 (c) A permit issued under this subsection expires on December 31 of each year.

AB100,946,15 (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 transactions; that the invoices and all means of solicitation for all shipments of tobacco product sales from the person shall bear the person's name and address and permit ultimately issued under this subsection; and that the person shall provide the department any information the department considers necessary to administer this section.

AB100,946,18 (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.

AB100,946,20 (3) No person may sell tobacco products to a consumer in this state by direct marketing unless the person does all of the following:

AB100,946,22 (a) The person uses a mechanism, approved by the department, to verify the consumer's age.

AB100,946,25 (b) The person receives from the consumer, at the time of purchase, a copy or facsimile of an identification card, the name specified on the identification matches the name of the consumer.

AB100,947,2 (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.

AB100,947,7 (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 percent 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.

AB100,947,13 (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. Every package used to ship tobacco products that are sold as provided under this section and delivered to a person in this state shall be clearly labeled to indicate that the package contains tobacco products and may not be delivered to a person who is under 18 years of age.

AB100, s. 2010 Section 2010. 139.81 (1) of the statutes is amended to read:

AB100,948,5 139.81 (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 may authorize the sale or solicitation 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 or the person for whom the salesperson is soliciting and shall remain effective only while the salesperson represents the named employer or person. 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.

AB100, s. 2011 Section 2011. 139.81 (2) of the statutes is amended to read:

AB100,948,8 139.81 (2) Section 139.34 (1) (b) (c) to (e) applies to the permits under this section.

AB100, s. 2012 Section 2012. 139.91 (1) of the statutes is amended to read:

AB100,948,12 139.91 (1) The Except as provided in sub. (4), the department may not reveal facts obtained in administering this subchapter, except that the department may publish statistics that do not reveal the identities of dealers.

AB100, s. 2013 Section 2013. 139.91 (4) of the statutes is created to read:

AB100,948,17 139.91 (4) The secretary of revenue and employees of that department may reveal facts obtained in administering this subchapter for the purposes of preparing and maintaining the list of persons with unpaid tax obligations as described in s. 71.91 (8) so that the list of such persons is available for public inspection.

AB100, s. 2014 Section 2014. 145.08 (1) (b) of the statutes is amended to read:

AB100,948,21 145.08 (1) (b) For master plumber's license, $250 $500, and $250 $500 for each renewal of the 2-year 4-year license if application is made prior to the date of expiration; after that date an additional fee of $20.

AB100, s. 2015 Section 2015. 145.08 (1) (d) of the statutes is amended to read:

AB100,948,25 145.08 (1) (d) For journeyman plumber's license, $90 $180, and $90 $180 for each renewal of the 2-year 4-year license if application is made prior to the date of expiration; after that date an additional fee of $10.

AB100, s. 2016 Section 2016. 145.08 (1) (e) of the statutes is amended to read:

AB100,949,5 145.08 (1) (e) For temporary permit pending examination and issuance of license for master plumber, $400; for journeyman $150 and which shall also cover the examination fee prescribed and the license fee for the 2-year 4-year period in which issued.

AB100, s. 2017 Section 2017. 145.08 (1) (g) of the statutes is amended to read:

AB100,949,9 145.08 (1) (g) For master plumber's license (restricted), $250 $500, and $250 $500 for each renewal of the 2-year 4-year license if application is made prior to the date of expiration; after that date an additional fee of $20.

AB100, s. 2018 Section 2018. 145.08 (1) (i) of the statutes is amended to read:

AB100,949,13 145.08 (1) (i) For journeyman plumber's license (restricted), $90 $180, and $90 $180 for each renewal of the 2-year 4-year license if application is made prior to the date of expiration; after that date an additional fee of $10.

AB100, s. 2019 Section 2019. 145.08 (1) (L) of the statutes is amended to read:

AB100,949,17 145.08 (1) (L) For an automatic fire sprinkler contractor's license, $1,000 $2,000, and $1,000 $2,000 for each renewal of the 2-year 4-year license if application is made prior to the date of expiration; after that date an additional fee of $25.

AB100, s. 2020 Section 2020. 145.08 (1) (Lm) of the statutes is amended to read:

AB100,949,22 145.08 (1) (Lm) For an automatic fire sprinkler - maintenance only registration, $200 $400, and $200 $400 for each renewal of the 2-year 4-year registration if application is made prior to the date of expiration; after that date an additional fee of $25.

AB100, s. 2021 Section 2021. 145.08 (1) (n) of the statutes is amended to read:

AB100,950,3 145.08 (1) (n) For a journeyman automatic fire sprinkler fitter's license, $90 $180, and $90 $180 for each renewal of the 2-year 4-year license if application is made prior to the date of expiration; after that date an additional fee of $10.

AB100, s. 2022 Section 2022. 145.08 (1) (nm) of the statutes is amended to read:

AB100,950,8 145.08 (1) (nm) For an automatic fire sprinkler fitter - maintenance only registration certificate, $30 $60, and $30 $60 for each renewal of the 2-year 4-year registration if application is made prior to the date of expiration; after that date an additional fee of $10.

AB100, s. 2023 Section 2023. 145.08 (1) (o) of the statutes is amended to read:

AB100,950,12 145.08 (1) (o) For utility contractor's license, $250, $500 and $250 $500 for each renewal of the 2-year 4-year license if application is made prior to the date of expiration; after that date an additional fee of $10.

AB100, s. 2024 Section 2024. 145.08 (1) (p) of the statutes is amended to read:

AB100,950,16 145.08 (1) (p) For a plumbing supervisor employed by the department in accord with s. 145.02 (3) (a), no cost for the appropriate 2-year 4-year license for which the plumbing supervisor has previously qualified.

AB100, s. 2025 Section 2025. 145.08 (1) (q) of the statutes is amended to read:

AB100,950,19 145.08 (1) (q) For a pipelayer's registration, $90 $180 at the time of registration and $90 $180 for each subsequent 2-year 4-year period of registration.

AB100, s. 2026 Section 2026. 145.08 (2) of the statutes is amended to read:

AB100,951,2 145.08 (2) No license or registration may be issued for longer than 2 4 years. Any license or registration may be renewed upon application made prior to the date of expiration. The department may renew licenses or registrations upon application made after the date of expiration if it is satisfied that the applicant has good cause for not applying for renewal prior to the date of expiration and upon payment of the renewal and additional fees prescribed.

AB100, s. 2027 Section 2027. 146.55 (4) (a) of the statutes is amended to read:

AB100,951,11 146.55 (4) (a) From the appropriation under s. 20.435 (5) (ch) (rb), 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. 2028 Section 2028. 146.55 (5) of the statutes is renumbered 146.55 (5) (a) and amended to read:

AB100,951,22 146.55 (5) (a) From the appropriation under s. 20.435 (5) (ch) (rb), 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 ambulance service providers to purchase 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 pay for administration of the examination required for licensure or renewal of licensure as an emergency medical technician - basic under s. 146.50 (6) (a) 3. and (b) 1.

AB100, s. 2029 Section 2029. 146.55 (5) (b) of the statutes is created to read:

AB100,952,3 146.55 (5) (b) The department shall require as a condition of relicensure that an ambulance service provider submit to the department a financial report on the expenditure of funds received under par. (a).

AB100, s. 2030 Section 2030. 146.58 (7) of the statutes is amended to read:

AB100,952,7 146.58 (7) Advise, make recommendations to, and consult with the department concerning the funding under s. 146.55 (4) and (5), including recommending a formula for allocating funds among ambulance service providers under s. 146.55 (5).

AB100, s. 2031 Section 2031. 146.58 (8) of the statutes is amended to read:

AB100,952,10 146.58 (8) Review the annual budget prepared by the department for the expenditures under s. 20.435 (5) (ch) (rb).

AB100, s. 2032 Section 2032. 146.70 (3m) (d) 1g. of the statutes is repealed and recreated to read:

AB100,952,24 146.70 (3m) (d) 1g. If an application under par. (c) includes an estimate of costs identified in par. (c) 1. d. incurred during the reimbursement period or between January 1, 1999, and September 3, 2003, the commission may approve the application only if the commission determines that the local government's collection of land information, as defined in s. 16.967 (1) (b), and development of a land information system, as defined in s. 16.967 (1) (c), that is related to that purpose are consistent with the applicable county land records modernization plans developed under s. 59.72 (3) (b), conform to the standards on which such plans are based, and do not duplicate land information collection and other efforts funded through the land information program under s. 16.967 (7). The commission shall obtain the advice of the department of administration in making determinations under this subdivision.

AB100, s. 2033 Section 2033. 149.12 (2) (f) of the statutes is renumbered 149.12 (2) (f) 1. and amended to read:

AB100,953,4 149.12 (2) (f) 1. No Except as provided in subd. 2., no person who is eligible for medical assistance is eligible for coverage under the plan.

AB100, s. 2034 Section 2034. 149.12 (2) (f) 2. of the statutes is created to read:

AB100,953,7 149.12 (2) (f) 2. Subdivision 1. does not apply to a person who is eligible for only any of the following types of medical assistance:

AB100,953,8 a. Family planning services under s. 49.45 (24r).

AB100,953,10 b. Care and services for the treatment of an emergency medical condition under 42 USC 1396b (v), as provided in s. 49.45 (27).

AB100,953,11 c. Medical assistance under s. 49.46 (1) (a) 15.

AB100,953,12 d. Ambulatory prenatal care under s. 49.465.

AB100,953,14 e. Medicare premium, coinsurance, and deductible payments under s. 49.46 (2) (c) 2. or 3., 49.468 (1) (b) or (c), or 49.47 (6) (a) 6. b. or c.

AB100,953,16 f. Medicare premium payments under s. 49.46 (2) (cm), 49.468 (1m) or (2), or 49.47 (6) (a) 6m.

AB100, s. 2035 Section 2035. 149.12 (2) (g) of the statutes is created to read:

AB100,953,19 149.12 (2) (g) A person is not eligible for coverage under the plan if the person is eligible for any of the following:

AB100,953,20 1. Services under s. 46.27 (11), 46.275, 46.277, or 46.278.

AB100,953,22 2. Medical assistance provided as part of a family care benefit, as defined in s. 46.2805 (4).