SB40: Bill Text

SB40,1328,17 (7) (a) Any nonresident or foreign direct marketer that has not registered to do business in this state as a foreign corporation or business entity shall, as a condition precedent to obtaining a permit under s. 139.79 (1), appoint and continually engage the services of an agent in this state to act as agent for the service of process on whom all processes, and any action or proceeding against it concerning or arising out of the enforcement of this chapter, may be served in any manner authorized by law. That service shall constitute legal and valid service of process on the direct marketer. The direct marketer shall provide the name, address, phone number, and proof of the appointment and availability of the agent to the department.

SB40,1328,25 (b) A direct marketer described under par. (a) shall provide notice to the department no later than 30 calendar days before termination of the authority of an agent under par. (a) and shall provide proof to the satisfaction of the department of the appointment of a new agent no later than 5 calendar days before the termination of an existing appointment. In the event an agent terminates an appointment, the direct marketer shall notify the department of that termination no later than 5 calendar days after the termination and shall include proof to the satisfaction of the department of the appointment of a new agent.

SB40,1329,4 (c) The secretary of state is the agent in this state for the service of process of any direct marketer who has not appointed and engaged an agent as provided under par. (a), except that the secretary of state acting as the direct marketer's agent for the service of process does not satisfy the requirements imposed by par. (a).

SB40, s. 2846 Section 2846. 139.81 (1) of the statutes is amended to read:

SB40,1329,23 139.81 (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 of tobacco products or the solicitation of 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 valid permit under s. 139.79. Each application for a salesperson's permit shall disclose the name and address of the employer or the person for whom the salesperson is selling or 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 The employer of any such salesperson shall notify the department within 10 days after the resignation or dismissal of any the salesperson holding a permit.

SB40, s. 2847 Section 2847. 139.81 (2) of the statutes is amended to read:

SB40,1330,2 139.81 (2) Section 139.34 (1) (b) (c) to (e) applies to the permits under this section.

SB40, s. 2848 Section 2848. 139.86 of the statutes is amended to read:

SB40,1330,7 139.86 Prosecutions by attorney general. Upon request by the secretary of revenue, the attorney general may represent this state or assist a district attorney in prosecuting any case arising under this subchapter. The attorney general may take any action necessary to enforce s. 139.795.

SB40, s. 2849 Section 2849. 139.865 of the statutes is created to read:

SB40,1330,15 139.865 Revenue distribution. From the taxes collected under this subchapter, in fiscal year 2007-08, the department shall deposit no more than $18,400,000 into the general fund and the remainder into the health care quality fund. From the taxes collected under this subchapter, in fiscal year 2008-09, and in each subsequent fiscal year thereafter, the department shall deposit no more than $19,300,000 into the general fund and the remainder into the health care quality fund.

SB40, s. 2850 Section 2850. 139.87 of the statutes is created to read:

SB40,1330,22 139.87 Lists. The department shall compile and maintain a list of direct marketers who have complied with the requirements of s. 139.795 and a list of direct marketers who the department knows have not complied with such requirements. The department shall provide copies of the lists described under this section to the attorney general and to each person who delivers tobacco products to consumers in this state that are sold by direct marketing under s. 139.795.

SB40, s. 2851 Section 2851. 146.19 (title) of the statutes is amended to read:

SB40,1330,24 146.19 (title) Cooperative American Indian health projects.

SB40, s. 2852 Section 2852. 146.19 (1) (c) of the statutes is amended to read:

SB40,1331,2 146.19 (1) (c) "Tribal agency" means an agency of the governing body of created by a tribe.

SB40, s. 2853 Section 2853. 146.19 (1) (d) of the statutes is amended to read:

SB40,1331,5 146.19 (1) (d) "Tribe" means the governing body of a federally recognized American Indian tribe or band located in this state.

SB40, s. 2854 Section 2854. 146.19 (2) (intro.) of the statutes is amended to read:

SB40,1331,15 146.19 (2) Cooperative American Indian health project grants. (intro.) From the appropriation under s. 20.435 (5) (ke), 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 address 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 an American Indian health project , which meets all of the following requirements that is designed to do any of the following:

SB40, s. 2855 Section 2855. 146.19 (2) (a) of the statutes is repealed.

SB40, s. 2856 Section 2856. 146.19 (2) (b) (intro.) of the statutes is repealed.

SB40, s. 2857 Section 2857. 146.19 (2) (b) 1. of the statutes is renumbered 146.19 (2) (am).

SB40, s. 2858 Section 2858. 146.19 (2) (b) 2. of the statutes is renumbered 146.19 (2) (bm) and amended to read:

SB40,1331,22 146.19 (2) (bm) Fund start-up costs of cooperative programs to deliver health care services to American Indians.

SB40, s. 2859 Section 2859. 146.19 (2) (b) 3. of the statutes is renumbered 146.19 (2) (c).

SB40, s. 2860 Section 2860. 146.19 (2) (d) of the statutes is created to read:

SB40,1332,2 146.19 (2) (d) Provide innovative community-based health care services to American Indians.

SB40, s. 2861 Section 2861. 146.19 (4) of the statutes is repealed.

SB40, s. 2862 Section 2862. 146.40 (4d) (am) of the statutes is amended to read:

SB40,1332,11 146.40 (4d) (am) If an individual who applies for a certification or approval under par. (a) does not have a social security number, the individual, as a condition of obtaining certification or approval, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A certification or approval issued in reliance upon a false statement submitted under this paragraph is invalid.

SB40, s. 2863 Section 2863. 146.51 (1m) of the statutes is amended to read:

SB40,1332,20 146.51 (1m) If an individual who applies for or to renew a license, training permit or certification under sub. (1) does not have a social security number, the individual, as a condition of obtaining the license, training permit or certification, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A license, training permit or certification issued or renewed in reliance upon a false statement submitted under this subsection is invalid.

SB40, s. 2864 Section 2864. 146.51 (2) of the statutes is amended to read:

SB40,1332,25 146.51 (2) The department of health and family services may not disclose any information received under sub. (1) to any person except to the department of workforce development children and families for the purpose of making certifications required under s. 49.857.

SB40, s. 2865 Section 2865. 146.51 (3) of the statutes is amended to read:

SB40,1333,14 146.51 (3) The department of health and family services 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 workforce development children and families 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 or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings.

SB40, s. 2866 Section 2866. 146.52 (1m) of the statutes is amended to read:

SB40,1333,23 146.52 (1m) If an individual who applies for or to renew a license, training permit or certificate under sub. (1) does not have a social security number, the individual, as a condition of obtaining the license, training permit or certificate, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A license, training permit or certificate issued or renewed in reliance upon a false statement submitted under this subsection is invalid.

SB40, s. 2867 Section 2867. 146.53 (2) (c) of the statutes is repealed.

SB40, s. 2868 Section 2868. 146.55 (4) (a) of the statutes is amended to read:

SB40,1334,8 146.55 (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).

SB40, s. 2869 Section 2869. 146.55 (5) (a) of the statutes is amended to read:

SB40,1334,16 146.55 (5) (a) From the appropriation under s. 20.435 (5) (ch) (rb), the department shall annually distribute funds to ambulance service providers that are public agencies, volunteer fire departments, or nonprofit corporations to purchase the training required for licensure and renewal of licensure as an emergency medical technician - basic under s. 146.50 (6), and to 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.

SB40, s. 2870 Section 2870. 146.58 (8) of the statutes is amended to read:

SB40,1334,19 146.58 (8) Review the annual budget prepared by the department for the expenditures under s. 20.435 (5) (ch) (rb).

SB40, s. 2871 Section 2871. 146.75 of the statutes is created to read:

SB40,1334,21 146.75 Health care quality and patient safety council. (1) In this section:

SB40,1334,23 (a) "American Health Information Community" means a panel that is advisory on information technology to the federal department of health and human services.

SB40,1334,24 (b) "Council" means the health care quality and patient safety council.

SB40,1335,3 (2) Acting in an advisory capacity, the council shall lead implementation efforts for an action plan for health care quality and patient safety by doing all of the following:

SB40,1335,4 (a) Identifying strategies and actions necessary to do all of the following:

SB40,1335,7 1. Attempt to achieve goals established by the Institute of Medicine of the National Academy of Sciences for health care that is safe, effective, patient-centered, timely, efficient, and equitable.

SB40,1335,10 2. Extend health care information systems statewide so as to optimize the improvement of health care quality, safety, and efficiency within a reasonable period of time and with reasonable financial investment.

SB40,1335,13 (b) Considering the most cost-effective means of implementing a statewide integrated or interoperable health care information system, including all of the following:

SB40,1335,15 1. Assessing the benefits of an integrated or interoperable system for supporting rapid deployment of health care providers.

SB40,1335,17 2. Promoting accurate and appropriate shared information about individual patients among health care providers.

SB40,1335,19 3. Creating points of reference for performance indicators among health care provider organizations for organizational performance improvement.

SB40,1335,21 4. Reporting to the public on health care quality, safety, and efficiency data for consumer and purchaser decision making.

SB40,1335,22 (3) The council shall advise the secretary on all of the following:

SB40,1335,23 (a) A communication and marketing plan.

SB40,1335,25 (b) Annually, on recommendations to improve the committee organizational structure of the council.

SB40,1336,2 (c) The distribution of funding to entities to promote the health information technology agenda of the governor.

SB40,1336,6 (d) Whether a health facility, as defined in s. 231.01 (5), or a participating health institution, as defined in s. 231.01 (6), that seeks financial assistance from the Wisconsin Health and Educational Facilities Authority under s. 231.03 demonstrates progress in improving medical information systems technology.

SB40,1336,9 (4) By January 1, 2008, and at least annually thereafter, the council shall report to the legislature under s. 13.172 (3) and to the governor on the council's plans, activities, accomplishments, and recommendations.

SB40,1336,11 (5) Any subcommittee of the council shall align its work with recommendations of the American Health Information Community.

SB40, s. 2872 Section 2872. 146.76 of the statutes is created to read:

SB40,1336,21 146.76 Approval of certain financial assistance. The secretary shall determine whether a health facility, as defined in s. 231.01 (5), or a participating health institution, as defined in s. 231.01 (6), that seeks financial assistance from the Wisconsin Health and Educational Facilities Authority under s. 231.03 demonstrates progress in improving medical information systems technology and shall inform the Wisconsin Health and Educational Facilities Authority of his or her determination. In making a determination under this section, the secretary shall consider as a factor the advice of the health care quality and patient safety council, as provided under s. 146.75 (3) (d).

SB40, s. 2873 Section 2873. 146.91 (2) (c) of the statutes is repealed.

SB40, s. 2874 Section 2874. 146.91 (5) of the statutes is repealed.

SB40, s. 2875 Section 2875. 146.99 of the statutes is repealed.

SB40, s. 2876 Section 2876. 149.11 (2) (a) 1. of the statutes is amended to read:

SB40,1337,2 149.11 (2) (a) 1. Insurer assessments under s. 149.13, paid to the authority under s. 20.145 (5) (g).

SB40, s. 2877 Section 2877. 149.11 (2) (a) 3. of the statutes is repealed and recreated to read:

SB40,1337,5 149.11 (2) (a) 3. Moneys received from the federal government in high risk pool grants.

SB40, s. 2878 Section 2878. 149.11 (2) (b) of the statutes is amended to read:

SB40,1337,10 149.11 (2) (b) The authority controls the assets of the fund and shall select regulated financial institutions in this state that receive deposits in which to establish and maintain accounts for assets needed on a current basis. If practicable, the accounts shall earn interest.

SB40, s. 2879 Section 2879. 149.12 (2) (e) of the statutes is renumbered 149.12 (2) (e) 1. and amended to read:

SB40,1337,16 149.12 (2) (e) 1. No Subject to subd. 2., no person who is eligible for creditable coverage, other than those benefits specified in s. 632.745 (11) (b) 1. to 12., that is provided by an employer on a self-insured basis or through health insurance is eligible for coverage under the plan.

SB40, s. 2880 Section 2880. 149.12 (2) (e) 2. of the statutes is created to read:

SB40,1337,19 149.12 (2) (e) 2. The board may specify other types of coverage provided by an employer that do not render a person ineligible for coverage under the plan.

SB40, s. 2881 Section 2881. 149.12 (2) (f) 2. g. of the statutes is created to read:

SB40,1337,22 149.12 (2) (f) 2. g. Benefits under the demonstration project for childless adults under s. 49.45 (23).

SB40, s. 2882 Section 2882. 149.12 (2) (g) 3. of the statutes is amended to read:

SB40,1338,3 149.12 (2) (g) 3. Services provided under a waiver requested under 2001 Wisconsin Act 16, section 9123 (16rs), or 2003 Wisconsin Act 33, section 9124 (8c) the disabled children's long-term support program, as defined in s. 46.011 (1g).

SB40, s. 2883 Section 2883. 149.12 (3) (a) of the statutes is amended to read:

SB40,1338,10 149.12 (3) (a) Except as provided in pars. (b) and (bm) to (c), no person is eligible for coverage under the plan for whom a premium, deductible, or coinsurance amount is paid or reimbursed by a federal, state, county, or municipal government or agency as of the first day of any term for which a premium amount is paid or reimbursed and as of the day after the last day of any term during which a deductible or coinsurance amount is paid or reimbursed.

SB40, s. 2884 Section 2884. 149.12 (3) (c) of the statutes is created to read: