2019 Wisconsin Act 9

9,1757m Section 1757m. 139.801 (1), (3) (a), (b) and (c) and (4) of the statutes are amended to read:

139.801 (1) In this section, “bad debt" means an amount that is equal to the purchase price of tobacco products and vapor products, if such amount may be claimed as a deduction under section 166 of the Internal Revenue Code. “Bad debt" does not include financing charges, interest on the wholesale price of tobacco products and vapor products, uncollectible amounts on property that remains in the seller's possession until the full purchase price is paid, expenses incurred in attempting to collect any debt, debts sold or assigned to 3rd parties for collection, and repossessed property.

(3) (a) A copy of the original invoice for the sale of tobacco products or vapor products that represents bad debt.

(b) Evidence that the tobacco products or vapor products described in the invoice under par. (a) were delivered to the person who ordered them.

(c) Evidence that the person who ordered and received the tobacco products or vapor products did not pay the distributor for the tobacco products them.

(4) Any person who possesses tobacco products or vapor products for which the taxes imposed under this subchapter have not been paid and have been claimed as a deduction under this section shall file a report as prescribed by the department, pay the taxes imposed under this subchapter on the tobacco products and vapor products, and be subject to this subchapter in the same manner as is provided for persons who hold valid permits under this subchapter.

9,1757o Section 1757o. 139.802 of the statutes is amended to read:

139.802 Preferred claims. If the property of any purchaser of tobacco products or vapor products from any permittee under this subchapter is seized upon any intermediate or final process of any court in this state, or if the business of any purchaser of tobacco products or vapor products from any permittee under this subchapter is suspended by the action of creditors or put into the hands of any assignee, receiver, or trustee, all amounts that are due from the purchaser to any permittee for taxes imposed under this subchapter that the permittee has paid to the state for tobacco products or vapor products purchased from the permittee shall be considered preferred claims, and shall be paid in full, and the permittee shall be a preferred creditor.

9,1757q Section 1757q. 139.803 (intro.), (4) and (5) of the statutes are amended to read:

139.803 Refunds to Indian tribes. (intro.) The department may refund the taxes collected under s. 139.76 (1) in respect to sales on reservations or trust lands of an Indian tribe to the tribal council of the tribe having jurisdiction over the reservation or trust land on which the sale is made only if all of the following conditions are fulfilled:

(4) The tobacco products or vapor products were not delivered by the retailer to the buyer by means of a common carrier, a contract carrier, or the U.S. postal service.

(5) The retailer has not sold the tobacco products or vapor products to another retailer or to a subjobber.

9,1757s Section 1757s. 139.805 of the statutes is amended to read:

139.805 Agreements with Indian tribes. The department may enter into agreements with Indian tribes to provide for the refunding of the tobacco products tax imposed under s. 139.76 (1). If the department enters into an agreement with an Indian tribe, the agreement may provide for refunding 100 percent of that tax on tobacco products and vapor products sold on the tribal reservation to enrolled members of the tribe residing on the tribal reservation and may provide for refunding 50 percent of that tax on tobacco products and vapor products sold on the tribal reservation to persons who are not enrolled members of the tribe residing on the tribal reservation.

9,1757u Section 1757u. 139.81 (1) and (3) of the statutes are amended to read:

139.81 (1) No person may sell or take orders for tobacco products or vapor products for resale 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 vapor 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. 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.

(3) Any person holding a cigarette salesperson's permit under s. 139.37 may obtain a tobacco products salesperson's permit under this section at no charge.

9,1757w Section 1757w. 139.82 (1), (2) and (8) of the statutes are amended to read:

139.82 (1) Every manufacturer located out of the state shall keep records of all sales of tobacco products and vapor products shipped into this state. Every manufacturer located in this state shall keep records of production, sales and withdrawals of tobacco products and vapor products. Every distributor shall keep records of purchases and sales of tobacco products and vapor products. Every subjobber shall keep records of all purchases and disposition of tobacco products and vapor products. Every warehouse operator shall keep records of receipts and withdrawals of tobacco products and vapor products. All records shall be accurate and complete and be kept in a manner prescribed by the department. These records shall be preserved on the premises described in the permit in such a manner as to ensure permanency and accessibility for inspection at reasonable hours by authorized personnel of the department.

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

(b) The department may allow any subjobber permittee who does not sell tobacco products or vapor products, except for those on which the tax under this subchapter is paid, to file a quarterly report. The quarterly report shall be filed on or before the 15th day of the next month following the close of each calendar quarter. The report shall specify the value of tobacco products and vapor products purchased and sold during the preceding calendar quarter.

(8) Each distributor shall collect and remit the excise tax imposed by s. 139.76 (1) on tobacco products and vapor products not exempt from the tobacco products tax under s. 139.76 (2), with the reports required to be filed under this section.

9,1763m Section 1763m. 146.618 of the statutes is created to read:

146.618 Qualified treatment trainee program grants. (1) In this section, “qualified treatment trainee” means an individual who has a graduate degree from an accredited institution and course work in psychology, counseling, marriage and family therapy, social work, nursing, or a closely related field who has not yet completed the applicable supervised practice requirements for licensure as a clinical social worker, certification as a social worker, licensure as a professional counselor, licensure or certification as a marriage and family therapist, or licensure as a psychologist.

(2) From s. 20.435 (1) (be), the department shall distribute a total of $500,000 in grants in each fiscal year to support qualified treatment trainee programs. A grantee under this subsection shall establish and maintain a child, adolescent, and family qualified treatment trainee program that provides qualified treatment trainees an opportunity to complete clinically supervised practice requirements in order to become credentialed and to obtain specialized training in mental and behavioral health in children, youth, and families. A grantee shall be a hospital or affiliate of a hospital or be qualified under 42 USC 1395x (aa) (4). A grantee shall match the grant amount.

(3) Grant recipients shall use moneys awarded under this section for clinical supervision, training, and resources, including salaries, benefits, and other related costs for trainees and clinical supervisors .

9,1764 Section 1764. 146.63 (2) (a) of the statutes is amended to read:

146.63 (2) (a) Subject to subs. (4) and (5), the department shall distribute grants from the appropriation under s. 20.435 (1) (fj) (4) (bf) to assist rural hospitals and groups of rural hospitals in procuring infrastructure and increasing case volume to the extent necessary to develop accredited graduate medical training programs. The department shall distribute the grants under this paragraph to rural hospitals and groups of rural hospitals that apply to receive a grant under sub. (3) and that satisfy the criteria established by the department under par. (b) and the eligibility requirement under sub. (6).

9,1765 Section 1765. 146.63 (6) (intro.) of the statutes is amended to read:

146.63 (6) Eligibility. (intro.) A rural hospital or group of rural hospitals may only receive a grant under sub. (3) if the plan to use the funds involves developing an accredited graduate medical training program in any of the following specialties a specialty, including any of the following:

9,1766 Section 1766. 146.64 (2) (c) 1. of the statutes is amended to read:

146.64 (2) (c) 1. The department shall distribute funds for grants under par. (a) from the appropriation under s. 20.435 (4) (b) (bf). The department may not distribute more than $225,000 from the appropriation under s. 20.435 (4) (b) (bf) to a particular hospital in a given state fiscal year and may not distribute more than $75,000 from the appropriation under s. 20.435 (4) (b) (bf) to fund a given position in a graduate medical training program in a given state fiscal year.

9,1767 Section 1767. 146.64 (4) (intro.) of the statutes is amended to read:

146.64 (4) Eligibility. (intro.) A hospital that has an accredited graduate medical training program in any of the following specialties a specialty, including any of the following, may apply to receive a grant under sub. (3):

9,1776 Section 1776. 153.05 (2r) (intro.) of the statutes is amended to read:

153.05 (2r) (intro.) Notwithstanding s. 16.75 (1), (2), and (3m), from the appropriation account under s. 20.515 (1) (ut) (w) the department of employee trust funds may expend up to $150,000, and from the appropriation accounts under s. 20.435 (1) (fn), (hg), and (hi) the department of health services, in its capacity as a public health authority, may expend moneys, to contract with a data organization to perform services under this subchapter that are specified for the data organization under sub. (1) (c) or, if s. 153.455 (4) applies, for the department of health services to perform or contract for the performance of these services. As a condition of the contract under this subsection, all of the following apply:

9,1798 Section 1798. 165.95 (2) of the statutes is amended to read:

165.95 (2) The department of justice shall make grants to counties and to tribes to enable them to establish and operate programs, including suspended and deferred prosecution programs and programs based on principles of restorative justice, that provide alternatives to prosecution and incarceration for criminal offenders who abuse alcohol or other drugs. The department of justice shall make the grants from the appropriations under s. 20.455 (2) (ek), (em), (jd), (kn), and (kv). The department of justice shall collaborate with the departments of corrections and health and family services in establishing this grant program.

9,1799j Section 1799j. 165.986 (1) of the statutes is amended to read:

165.986 (1) The department of justice shall provide grants from the appropriation appropriations under s. 20.455 (2) (bm) and (kb) to cities to employ additional uniformed law enforcement officers whose primary duty is beat patrolling. A city is eligible for a grant under this subsection in fiscal year 1994-95 if the city has a population of 25,000 or more. A city may receive a grant for a calendar year if the city applies for a grant before September 1 of the preceding calendar year. Grants shall be awarded to the 10 eligible cities submitting an application for a grant that have the highest rates of violent crime index offenses in the most recent full calendar year for which data is available under the uniform crime reporting system of the federal bureau of investigation.

9,1799m Section 1799m. 165.986 (1) of the statutes, as affected by 2019 Wisconsin Act .... (this act), is amended to read:

165.986 (1) The department of justice shall provide grants from the appropriations appropriation under s. 20.455 (2) (bm) and (kb) to cities to employ additional uniformed law enforcement officers whose primary duty is beat patrolling. A city is eligible for a grant under this subsection in fiscal year 1994-95 if the city has a population of 25,000 or more. A city may receive a grant for a calendar year if the city applies for a grant before September 1 of the preceding calendar year. Grants shall be awarded to the 10 eligible cities submitting an application for a grant that have the highest rates of violent crime index offenses in the most recent full calendar year for which data is available under the uniform crime reporting system of the federal bureau of investigation.

9,1799q Section 1799q. 168.128 of the statutes is created to read:

168.128 Deposit of fees. Revenues from one cent per gallon of the fee under s. 168.12 (1) shall be deposited in the transportation fund and revenues from one cent per gallon of the fee under s. 168.12 (1) shall be deposited in the petroleum inspection fund.

9,1802 Section 1802. 186.113 (14) (a) of the statutes is repealed.

9,1803 Section 1803. 186.113 (14) (b) of the statutes is renumbered 186.113 (14).

9,1811m Section 1811m. 196.218 (5) (a) 12. of the statutes is amended to read:

196.218 (5) (a) 12. To make grants under s. 16.996 16.9945.

9,1817m Section 1817m. 196.491 (3m) (c) 3. of the statutes is repealed.

9,1824 Section 1824. 215.21 (2) of the statutes is amended to read:

215.21 (2) Lending area. Except for loans made under s. 45.37, 2017 stats., the lending area of an association is limited to that area within a radius of 100 miles of the association's office.

9,1826g Section 1826g. 218.0116 (1) (n) of the statutes is amended to read:

218.0116 (1) (n) The selling of new motor vehicles for which the dealer is not franchised or otherwise authorized to sell.

9,1826m Section 1826m. 218.0116 (1) (w) 3. of the statutes is created to read:

218.0116 (1) (w) 3. In this subdivision, “subsidiary” means a manufacturer that is controlled by another manufacturer. Subdivision 1. does not apply to a manufacturer that manufactures only motor vehicles that are propelled solely by electric power, that is not a subsidiary, and that, before the effective date of this subdivision .... [LRB inserts date], has not entered into franchise agreements with dealers or distributors to act as dealers or distributors of the manufacturer's motor vehicles.

9,1826s Section 1826s. 218.0121 (3m) (e) of the statutes is created to read:

218.0121 (3m) (e) In this paragraph, “subsidiary” means a manufacturer that is controlled by another manufacturer. The ownership, operation, or control of a dealership by a manufacturer that manufactures only motor vehicles that are propelled solely by electric power, that is not a subsidiary, and that, before the effective date of this paragraph .... [LRB inserts date], has not entered into franchise agreements with dealers or distributors to act as dealers or distributors of the manufacturer's motor vehicles.

9,1850qe Section 1850qe. 229.50 (1) (c) of the statutes is renumbered 229.50 (1) (c) 1.

9,1850qf Section 1850qf. 229.50 (1) (c) 2. of the statutes is created to read:

229.50 (1) (c) 2. On the effective date of this subdivision .... [LRB inserts date], the amount specified in subd. 1. is increased by $100,000,000.

9,1850qg Section 1850qg. 229.50 (1) (d) of the statutes is renumbered 229.50 (1) (d) 1.

9,1850qh Section 1850qh. 229.50 (1) (d) 2. of the statutes is created to read:

229.50 (1) (d) 2. On the effective date of this subdivision .... [LRB inserts date], the amount specified in subd. 1. is increased by $127,500,000.

9,1850qi Section 1850qi. 229.50 (1) (e) of the statutes is amended to read:

229.50 (1) (e) Date of issuance. The bonds, other than refunding bonds, will be issued no later than April 1, 1999 December 31, 2021.

9,1854d Section 1854d. 230.04 (19) of the statutes is renumbered 230.04 (19) (a) and amended to read:

230.04 (19) (a) The Except as provided in par. (b), the administrator shall develop and implement a discretionary merit award program to distribute money under s. 20.928 (1f) to agencies for the purpose of providing lump sum monetary awards to classified employees whose job performance has exceeded agency expectations.

9,1854f Section 1854f. 230.04 (19) (b) of the statutes is created to read:

230.04 (19) (b) Beginning on the effective date of this paragraph .... [LRB inserts date], the department of corrections cannot provide lump sum monetary awards to classified employees under the program developed and implemented under par. (a).

9,1858 Section 1858. 234.03 (13m) of the statutes is amended to read:

234.03 (13m) To purchase and enter into commitments for the purchase of veterans housing loans made pursuant to s. 45.37, 2017 stats.

9,1859b Section 1859b. 234.18 of the statutes is renumbered 234.18 (1).

9,1859c Section 1859c. 234.18 (2) of the statutes is created to read:

234.18 (2) On the effective date of this subsection .... [LRB inserts date], the amount specified in sub. (1) is increased by $200,000,000.

9,1862 Section 1862. 234.40 (1) of the statutes is amended to read:

234.40 (1) The authority shall issue its negotiable bonds in such principal amount and length of maturity as to provide sufficient funds for veterans housing loans to be made pursuant to s. 45.37, 2017 stats.

9,1863 Section 1863. 234.40 (3) of the statutes is amended to read:

234.40 (3) It is the intent of the legislature that the authority be used to finance the veterans housing program. Nothing in this chapter shall be construed to supersede the powers vested by subch. III of ch. 45 in the department of veterans affairs for carrying out program responsibilities for which debt has been incurred by the authority.

9,1864 Section 1864. 234.41 (1) of the statutes is amended to read:

234.41 (1) There is established under the jurisdiction of the authority a veterans housing loan fund. All moneys resulting from the sale of bonds for the purpose of veterans housing pursuant to s. 45.37, 2017 stats., unless credited to the veterans capital reserve fund, shall be credited to the fund.

9,1865 Section 1865. 234.41 (2) of the statutes is amended to read:

234.41 (2) The authority shall use moneys in the fund for the purpose of purchasing loans representing veterans housing loans pursuant to s. 45.37, 2017 stats. All disbursements of funds under this section for purchasing mortgage loans shall be made payable to authorized lenders as defined in s. 45.31 (3), 2017 stats., and eligible persons as defined in s. 45.31 (5), 2017 stats.

9,1866 Section 1866. 234.43 (2) (c) of the statutes is amended to read:

234.43 (2) (c) For repayment of advances from the state made through s. 20.485 (3) (b), 2017 stats;

9,1878 Section 1878. 238.115 (1) (f) of the statutes is amended to read:

238.115 (1) (f) The amount of tax credits the corporation determined each person identified under par. (e) was eligible to claim that, if already claimed that , must be repaid by the person as the result of a the revocation for each person identified under par. (e).

9,1892 Section 1892. 250.10 (1m) (b) of the statutes is amended to read:

250.10 (1m) (b) Award in each fiscal year to qualified applicants grants totaling $25,000 no less than $50,000 for fluoride supplements, $25,000 for a fluoride mouth-rinse program varnish and other evidence-based oral health activities, $700,000 for school-based preventive dental services, and $120,000 for a school-based dental sealant program $100,000 for school-based restorative dental services.

9,1893 Section 1893. 250.20 (3) of the statutes is amended to read: