AB75: Bill Text

AB75, s. 2398 Section 2398. 139.79 (1) of the statutes is amended to read:

AB75,1291,6 139.79 (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.

AB75, s. 2399 Section 2399. 139.79 (2) of the statutes is amended to read:

AB75,1291,9 139.79 (2) Section 139.34 (1) (b) (c) to (f), (1s), (4) and (9) applies to the permits under this section.

AB75, s. 2400 Section 2400. 139.795 of the statutes is created to read:

AB75,1291,16 139.795 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.

AB75,1291,20 (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), (4), and (9), as it applies to permits issued under s. 139.34, applies to permits issued under this subsection.

AB75,1292,3 (c) 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 the person shall register with credit card and debit card companies; 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 the permit number of the permit ultimately issued under this subsection; and that the person shall provide the department any information the department considers necessary to administer this section.

AB75,1292,6 (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.

AB75,1292,8 (3) No person may sell tobacco products to a consumer in this state by direct marketing unless the person does all of the following:

AB75,1292,10 (a) Verifies the consumer's identity and address and that the consumer is at least 18 years of age by any of the following methods:

AB75,1292,12 1. The person uses a database that includes information based on public records.

AB75,1292,16 2. The person receives from the consumer, at the time of purchase, a copy of an identification card and verifies that the name specified on the identification card matches the name of the consumer and that the birth date on the identification card indicates that the consumer is at least 18 years of age.

AB75,1292,18 3. The person uses a mechanism, other than a mechanism specified under subd. 1. or 2., that is approved by the department.

AB75,1292,20 (b) Obtains from the consumer, at the time of purchase, a statement signed by the consumer that confirms all of the following:

AB75,1292,21 1. The consumer's name, address, and birth date.

AB75,1292,24 2. That the consumer understands that no person who is under 18 years of age may purchase or possess tobacco products or falsely represent his or her age for the purpose of receiving tobacco products, as provided under s. 254.92.

AB75,1293,8 3. That the consumer understands that any person who, for the purpose of obtaining credit, goods, or services, intentionally uses, attempts to use, or possesses with intent to use, any personal identifying information or personal identification document of an individual, including a deceased individual, without the authorization or consent of the individual and by representing that he or she is the individual, that he or she is acting with the authorization or consent of the individual, or that the information or document belongs to him or her, is guilty of a Class H felony, as provided under s. 943.201.

AB75,1293,13 (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.

AB75,1293,15 (5) All packages of tobacco products shipped to consumers in this state shall be clearly labelled "TOBACCO PRODUCTS" on the outside of such packages.

AB75,1293,25 (6) (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.

AB75,1294,8 (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.

AB75,1294,12 (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).

AB75, s. 2401 Section 2401. 139.803 (3) of the statutes is amended to read:

AB75,1294,16 139.803 (3) The land on which the sale occurred was designated a reservation or trust land on or before January 1, 1983, or on a later date as determined by an agreement between the department and the tribal council.

AB75, s. 2402 Section 2402. 139.81 (1) of the statutes is amended to read:

AB75,1295,10 139.81 (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.

AB75, s. 2403 Section 2403. 139.81 (2) of the statutes is amended to read:

AB75,1295,13 139.81 (2) Section 139.34 (1) (b) (c) to (e) applies to the permits under this section.

AB75, s. 2404 Section 2404. 139.86 of the statutes is amended to read:

AB75,1295,18 139.86 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.

AB75, s. 2405 Section 2405. 139.87 of the statutes is created to read:

AB75,1295,24 139.87 Lists. The department shall compile and maintain a list of direct marketers who have complied with the requirements of s. 139.795. The department shall provide copies of the list 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.

AB75, s. 2406 Section 2406. 145.08 (1) (intro.) of the statutes is amended to read:

AB75,1296,5 145.08 (1) (intro.) The department shall fix, by rule, the amount of the establish fees by rule for the examinations, licenses, and registrations specified in this section. The fees specified in this section are not returnable and may not exceed the amounts stated in this section as follows established by the department shall as closely as possible equal the cost of providing the following services:

AB75, s. 2407 Section 2407. 145.08 (1) (a) of the statutes is amended to read:

AB75,1296,8 145.08 (1) (a) For Administering a master plumber's examination, $50. For each subsequent examination, $30.

AB75, s. 2408 Section 2408. 145.08 (1) (b) of the statutes is amended to read:

AB75,1296,12 145.08 (1) (b) For Issuing a master plumber's license, $500, and $500 for each renewal of the 4-year license if application is made prior to the date of expiration; after that date an additional fee of $20.

AB75, s. 2409 Section 2409. 145.08 (1) (c) of the statutes is amended to read:

AB75,1296,15 145.08 (1) (c) For Administering a journeyman plumber's examination, $30. For each subsequent examination, $20.

AB75, s. 2410 Section 2410. 145.08 (1) (d) of the statutes is amended to read:

AB75,1296,19 145.08 (1) (d) For Issuing a journeyman plumber's license, $180, and $180 for each renewal of the 4-year license if application is made prior to the date of expiration; after that date an additional fee of $10.

AB75, s. 2411 Section 2411. 145.08 (1) (e) of the statutes is amended to read:

AB75,1296,24 145.08 (1) (e) For Issuing a temporary permit pending examination and issuance of a license for master plumber, $400; for or journeyman $150 and which shall also cover the examination fee prescribed and the license fee for the 4-year period in which issued plumber.

AB75, s. 2412 Section 2412. 145.08 (1) (f) of the statutes is amended to read:

AB75,1297,2 145.08 (1) (f) For Administering a master plumber's (restricted) examination, $50. For each subsequent examination, $30.

AB75, s. 2413 Section 2413. 145.08 (1) (g) of the statutes is amended to read:

AB75,1297,6 145.08 (1) (g) For Issuing a master plumber's license (restricted), $500, and $500 for each renewal of the 4-year license if application is made prior to the date of expiration; after that date an additional fee of $20.

AB75, s. 2414 Section 2414. 145.08 (1) (h) of the statutes is amended to read:

AB75,1297,9 145.08 (1) (h) For Administering a journeyman plumber's (restricted) examination, $30. For each subsequent examination, $20.

AB75, s. 2415 Section 2415. 145.08 (1) (i) of the statutes is amended to read:

AB75,1297,13 145.08 (1) (i) For Issuing a journeyman plumber's license (restricted), $180, and $180 for each renewal of the 4-year license if application is made prior to the date of expiration; after that date an additional fee of $10.

AB75, s. 2416 Section 2416. 145.08 (1) (k) of the statutes is amended to read:

AB75,1297,16 145.08 (1) (k) For Administering an automatic fire sprinkler contractor's examination, $100.

AB75, s. 2417 Section 2417. 145.08 (1) (L) of the statutes is amended to read:

AB75,1297,20 145.08 (1) (L) For Issuing an automatic fire sprinkler contractor's license, $2,000, and $2,000 for each renewal of the 4-year license if application is made prior to the date of expiration; after that date an additional fee of $25.

AB75, s. 2418 Section 2418. 145.08 (1) (Lm) of the statutes is amended to read:

AB75,1297,24 145.08 (1) (Lm) For Issuing an automatic fire sprinkler - maintenance only registration, $400, and $400 for each renewal of the 4-year registration if application is made prior to the date of expiration; after that date an additional fee of $25.

AB75, s. 2419 Section 2419. 145.08 (1) (m) of the statutes is amended to read:

AB75,1298,2 145.08 (1) (m) For Administering a journeyman automatic fire sprinkler fitter's examination, $20 and $20 for each subsequent examination.

AB75, s. 2420 Section 2420. 145.08 (1) (n) of the statutes is amended to read:

AB75,1298,6 145.08 (1) (n) For Issuing a journeyman automatic fire sprinkler fitter's license, $180, and $180 for each renewal of the 4-year license if application is made prior to the date of expiration; after that date an additional fee of $10.

AB75, s. 2421 Section 2421. 145.08 (1) (nm) of the statutes is amended to read:

AB75,1298,11 145.08 (1) (nm) For Issuing an automatic fire sprinkler fitter - maintenance only registration certificate, $60, and $60 for each renewal of the 4-year registration if application is made prior to the date of expiration; after that date an additional fee of $10.

AB75, s. 2422 Section 2422. 145.08 (1) (o) of the statutes is amended to read:

AB75,1298,15 145.08 (1) (o) For Issuing a utility contractor's license, $500 and $500 for each renewal of the 4-year license if application is made prior to the date of expiration; after that date an additional fee of $10.

AB75, s. 2423 Section 2423. 145.08 (1) (p) of the statutes is renumbered 145.08 (1g) and amended to read:

AB75,1298,21 145.08 (1g) For The department may not charge a plumbing supervisor employed by the department in accord with s. 145.02 (3) (a), no cost a fee for the appropriate 4-year license for which the plumbing supervisor has previously qualified.

AB75, s. 2424 Section 2424. 145.08 (1) (q) of the statutes is amended to read:

AB75,1298,24 145.08 (1) (q) For Issuing a pipelayer's registration, $180 at the time of registration and $180 for each subsequent 4-year period of registration.

AB75, s. 2425 Section 2425. 145.08 (3) of the statutes is amended to read:

AB75,1299,8 145.08 (3) To establish a record of beginning an apprenticeship, as a plumber, as an automatic fire sprinkler system apprentice, or as a plumber learner (restricted), every plumbing and automatic fire sprinkler system apprentice and every plumbing learner (restricted) shall within 30 days after beginning an apprenticeship or learnership register with the department. A fee of $15 established by the department by rule shall be paid at the time of registration and before January 1 of each subsequent calendar year during which the apprentice is engaged in the apprenticeship or learnership.

AB75, s. 2426 Section 2426. 146.19 (2) (intro.) of the statutes is amended to read:

AB75,1299,16 146.19 (2) American Indian health project grants. (intro.) From the appropriation account under s. 20.435 (5) (1) (ke), the department shall award grants for American Indian health projects in order to 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 an American Indian health project that is designed to do any of the following:

AB75, s. 2427 Section 2427. 146.45 (4) of the statutes is created to read:

AB75,1299,23 146.45 (4) In each fiscal year, there is transferred from the appropriation account under s. 20.435 (4) (jz) to the appropriation account under s. 20.435 (4) (jw) an amount, determined by the secretary, that is sufficient for the department to administer a contract with an entity to operate the purchasing pool established under sub. (2), but not more than 5 percent of the total amount paid by persons to purchase prescription drugs as members of the purchasing pool in the fiscal year.

AB75, s. 2428 Section 2428. 146.65 (1) (intro.) of the statutes is amended to read:

AB75,1300,2 146.65 (1) (intro.) From the appropriation account under s. 20.435 (5) (1) (dm), the department shall distribute moneys as follows:

AB75, s. 2429 Section 2429. 146.68 (intro.) of the statutes is amended to read:

AB75,1300,9 146.68 Grant for colposcopies and other services. (intro.) From the appropriation account under s. 20.435 (5) (1) (dg), the department shall provide $100,000 in fiscal year 2007-08 and $75,000 in each subsequent fiscal year to an entity that satisfies the following criteria to provide colposcopic examinations and to provide services to medical assistance recipients or persons who are eligible for medical assistance:

AB75, s. 2430 Section 2430. 146.81 (5) of the statutes is amended to read:

AB75,1300,24 146.81 (5) "Person authorized by the patient" means the parent, guardian, or legal custodian of a minor patient, as defined in s. 48.02 (8) and (11), the person vested with supervision of the child under s. 938.183 or 938.34 (4d), (4h), (4m), or (4n), the guardian of a patient adjudicated incompetent in this state, the personal representative or, spouse, or domestic partner under ch. 770 of a deceased patient, any person authorized in writing by the patient or a health care agent designated by the patient as a principal under ch. 155 if the patient has been found to be incapacitated under s. 155.05 (2), except as limited by the power of attorney for health care instrument. If no spouse or domestic partner survives a deceased patient, "person authorized by the patient" also means an adult member of the deceased patient's immediate family, as defined in s. 632.895 (1) (d). A court may appoint a temporary guardian for a patient believed incompetent to consent to the release of records under this section as the person authorized by the patient to decide upon the release of records, if no guardian has been appointed for the patient.

AB75, s. 2431 Section 2431. 146.82 (2) (a) 8. of the statutes is amended to read:

AB75,1301,3 146.82 (2) (a) 8. To the department under s. 255.04 and to the persons specified under s. 255.04 (3). The release of a patient health care record under this subdivision shall be limited to the information prescribed by the department under s. 255.04 (2).

AB75, s. 2432 Section 2432. 146.82 (2) (a) 18m. of the statutes is amended to read:

AB75,1301,24 146.82 (2) (a) 18m. If the subject of the patient health care records is a child or juvenile who has been placed in a foster home, treatment foster home, group home, residential care center for children and youth, or juvenile correctional facility, including a placement under s. 48.205, 48.21, 938.205, or 938.21, or for whom placement in a foster home, treatment foster home, group home, residential care center for children and youth, or juvenile correctional facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the child or juvenile, or to an agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements, to the foster parent or treatment foster parent of the child or juvenile or the operator of the group home, residential care center for children and youth, or juvenile correctional facility in which the child or juvenile is placed, as provided in s. 48.371 or 938.371.

AB75, s. 2433 Section 2433. 146.82 (2) (c) of the statutes is amended to read:

AB75,1302,4 146.82 (2) (c) Notwithstanding sub. (1), patient health care records shall be released to appropriate examiners, investigators, and facilities in accordance with s. 971.17 (2) (e), (4) (c), and (7) (c). The recipient of any information from the records shall keep the information confidential except as necessary to comply with s. 971.17.