Amendment SSA1-SB21

SB21-SSA1,1147,3 134.405 (5) (am) A scrap metal dealer who knowingly violates sub. (3m) may be fined not more than $250 for a first offense, not more than $750 for a 2nd offense, and not more than $1,500 for a 3rd or subsequent offense.

SB21-SSA1,3443f Section 3443f. 138.14 (6) (b) 1. (intro.) of the statutes is amended to read:

SB21-SSA1,1147,8 138.14 (6) (b) 1. (intro.) Except as provided in subd. 2., a A licensee may conduct, and permit others to conduct, at the place of business specified in its license, one or more of the following businesses not subject to this section or a business providing any of the following services or any combination of these:

SB21-SSA1,3443h Section 3443h. 138.14 (6) (b) 1. a. of the statutes is amended to read:

SB21-SSA1,1147,11 138.14 (6) (b) 1. a. A currency exchange under s. 218.05, including providing those services commonly offered by a currency exchange.

SB21-SSA1,3443j Section 3443j. 138.14 (6) (b) 1. e. and f. of the statutes are created to read:

SB21-SSA1,1147,13 138.14 (6) (b) 1. e. The sale of insurance, annuities, and related products.

SB21-SSA1,1147,15 f. Any financial or consumer finance services subject to regulation by statute or rule.

SB21-SSA1,3443m Section 3443m. 138.14 (6) (b) 2. of the statutes is amended to read:

SB21-SSA1,1147,25 138.14 (6) (b) 2. A licensee may not sell merchandise or and conduct other business not included in subd. 1. at the place of business specified in the license unless written authorization is granted to the licensee by the division if the licensee holds any applicable license, permit, or other approval required by law to sell the merchandise or conduct the other business. Any business specified in subd. 1. a. to d. is subject to applicable licensing requirements under the provisions referenced in subd. 1. a. to d. and the provision of any service specified in subd. 1. e. and f. is subject to any applicable requirement related to obtaining a license, permit, or other approval before providing the service.

SB21-SSA1,3445m Section 3445m. 139.01 (2m) of the statutes is amended to read:

SB21-SSA1,1148,5 139.01 (2m) "Cider" means any alcoholic beverage that is obtained from the alcoholic fermentation of the juice of apples or pears and that contains not less than 0.5% alcohol by volume and not more than 7.0% alcohol by volume. "Cider" includes, but is not limited to, flavored, sparkling and carbonated cider.

SB21-SSA1,3445p Section 3445p. 139.32 (5) of the statutes is amended to read:

SB21-SSA1,1148,9 139.32 (5) Manufacturers, bonded direct marketers, and distributors who are authorized by the department to purchase tax stamps shall receive a discount of 0.7 0.8 percent of the tax paid on stamp purchases.

SB21-SSA1,3459p Section 3459p. 145.17 (2) of the statutes is amended to read:

SB21-SSA1,1148,16 145.17 (2) The department shall prescribe rules as to the qualifications, examination and licensing of journeymen automatic fire sprinkler system fitters and automatic fire sprinkler contractors and for the registration and training of automatic fire sprinkler system apprentices. The automatic fire sprinkler system contractors and journeymen council, created under s. 15.407 (17), shall advise the department in formulating the rules.

SB21-SSA1,3482m Section 3482m. 146.40 (1) (g) of the statutes is amended to read:

SB21-SSA1,1148,22 146.40 (1) (g) "Student nurse" means an individual who is currently enrolled in a school for professional nurses or a school for licensed practical nurses that meets standards established under s. 441.01 (4), or who has successfully completed the course work of a basic nursing course of the school but has not successfully completed the examination under s. 441.05 441.06 (1) (e) or 441.10 (2) 441.10 (1) (f).

SB21-SSA1,3483 Section 3483. 146.82 (1) of the statutes is amended to read:

SB21-SSA1,1149,7 146.82 (1) Confidentiality. All patient health care records shall remain confidential. Patient health care records may be released only to the persons designated in this section or to other persons with the informed consent of the patient or of a person authorized by the patient. This subsection does not prohibit reports made in compliance with s. 253.12 (2), 255.40, or 979.01; records generated or and disclosed to the controlled substances board pursuant to rules promulgated under s. 450.19 961.385; testimony authorized under s. 905.04 (4) (h); or releases made for purposes of health care operations, as defined in 45 CFR 164.501, and as authorized under 45 CFR 164, subpart E.

SB21-SSA1,3483g Section 3483g. 146.89 (1) (d) 2. of the statutes is amended to read:

SB21-SSA1,1149,14 146.89 (1) (d) 2. A private school, as defined in s. 115.001 (3r), that participates in the choice program under s. 118.60 or the Milwaukee Parental Choice Program under s. 119.23 or that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119.

SB21-SSA1,3483r Section 3483r. 146.89 (1) (g) 1. of the statutes is amended to read:

SB21-SSA1,1149,18 146.89 (1) (g) 1. A public elementary school, including an elementary school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119.

SB21-SSA1,3483t Section 3483t. 146.98 (7) of the statutes is created to read:

SB21-SSA1,1149,22 146.98 (7) (a) Annually, the department of health services shall submit a report to the joint committee on finance containing all of the following information for the immediately preceding fiscal year:

SB21-SSA1,1149,24 1. The total amount of revenue collected from eligible ambulatory surgical centers under the assessment under this section.

SB21-SSA1,1150,4 2. The amount each eligible ambulatory surgical center paid under the assessment under this section. The department of health services may withhold the name of the ambulatory surgical center paying the assessment but shall specify the specialty of the center paying the assessment.

SB21-SSA1,1150,7 3. The total amount of money received by each managed care organization, if money was received, in Medical Assistance payment increases made in connection with the implementation of the assessment under this section.

SB21-SSA1,1150,9 4. The total amount each managed care organization under subd. 3. paid to ambulatory surgical centers.

SB21-SSA1,1150,12 5. The total amount of Medical Assistance payment increases made in connection with the implementation of the assessment paid to eligible ambulatory surgical centers on a fee-for-service basis under the assessment under this section.

SB21-SSA1,1150,16 (b) Upon request of the department of health services, the department of revenue shall provide to the department of health services any information in the possession of the department of revenue that is necessary for the department of health services to complete the report under par. (a).

SB21-SSA1,3484 Section 3484. 153.60 (intro.) and (1) of the statutes are consolidated, renumbered 153.60 and amended to read:

SB21-SSA1,1151,13 153.60 Assessments to fund operations of department Department expenditure estimate. Subject to s. 153.455: (1) The, the department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures under this subchapter for the department for that fiscal year for data collection, database development and maintenance, generation of data files and standard reports, orientation and training provided under s. 153.05 (9) (a) and contracting with the data organization under s. 153.05 (2r). The department shall assess the estimated total amount for that fiscal year, less the estimated total amount to be received for purposes of administration of this subchapter under s. 20.435 (1) (hi) during the fiscal year and the unencumbered balance of the amount received for purposes of administration of this subchapter under s. 20.435 (1) (hi) from the prior fiscal year, to health care providers, other than hospitals and ambulatory surgery centers, who are in a class of health care providers from whom the department collects data under this subchapter in a manner specified by the department by rule. The department shall work together with the department of safety and professional services to develop a mechanism for collecting assessments from health care providers other than hospitals and ambulatory surgery centers. No health care provider that is not a facility may be assessed under this subsection an amount that exceeds $75 per fiscal year. All payments of assessments shall be credited to the appropriation under s. 20.435 (1) (hg).

SB21-SSA1,3501 Section 3501. 165.055 (3) of the statutes is created to read:

SB21-SSA1,1151,18 165.055 (3) The attorney general may appoint, in the unclassified service, a solicitor general and no more than 3 deputy solicitors general, each of whom shall be an attorney at law licensed to practice in this state. The attorney general may assign assistant attorneys general to assist the solicitor general.

SB21-SSA1,3501p Section 3501p. 165.08 of the statutes is amended to read:

SB21-SSA1,1152,2 165.08 Power to compromise. Any civil action prosecuted by the department by direction of any officer, department, board or commission, shall be compromised or discontinued when so directed by such officer, department, board or commission. Except as provided in s. 20.931 (7) (b), any Any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of the governor. In any criminal action prosecuted by the attorney general, the department shall have the same powers with reference to such action as are vested in district attorneys.

SB21-SSA1,3504c Section 3504c. 165.25 (11) of the statutes is repealed.

SB21-SSA1,3509 Section 3509. 165.755 (7) of the statutes is amended to read:

SB21-SSA1,1152,8 165.755 (7) All moneys collected from crime laboratories and drug law enforcement surcharges under this section shall be deposited by the secretary of administration and used as specified in s. ss. 20.455 (2) (jb), (kd), and (Lm) and 20.475 (1) (km).

SB21-SSA1,3512b Section 3512b. 165.85 (2) (c) of the statutes is amended to read:

SB21-SSA1,1152,15 165.85 (2) (c) "Law enforcement officer" means any person employed by the state or any political subdivision of the state, for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances that the person is employed to enforce. "Law enforcement officer" includes a university police officer, as defined in s. 175.42 (1) (b).

SB21-SSA1,3512d Section 3512d. 165.95 (3) (intro.) of the statutes is amended to read:

SB21-SSA1,1152,18 165.95 (3) (intro.) A Except as provided in sub. (3m), a county shall be eligible for a grant under sub. (2) if all of the following apply:

SB21-SSA1,3512r Section 3512r. 165.95 (3m) of the statutes is created to read:

SB21-SSA1,1152,23 165.95 (3m) (a) The department of justice may not find a county ineligible for a grant under sub. (2) because the county allows persons who have committed a 2nd violation of s. 346.63 (1) or (2m) or a local ordinance in conformity therewith to participate in its program.

SB21-SSA1,1153,3 (b) In determining whether a county that allows persons who have committed a 2nd violation of s. 346.63 (1) or (2m) or a local ordinance in conformity therewith to participate in its program is eligible for a grant under sub. (2), the department of justice may not consider whether the county's program meets the criteria set forth in sub. (3) (b) or (d).

SB21-SSA1,3512v Section 3512v. 165.957 of the statutes is created to read:

SB21-SSA1,1153,6 165.957 Frequent testing for use of alcohol or a controlled substance; pilot program. (1) In this section:

SB21-SSA1,1153,7 (a) "Controlled substance" has the meaning given in s. 961.01 (4).

SB21-SSA1,1153,11 (b) "Testing" means a procedure for determining the presence and level of alcohol or a controlled substance in an individual's blood, breath, or urine, and includes any combination of the use of breath testing, drug patch testing, urinalysis, or continuous or transdermal alcohol monitoring.

SB21-SSA1,1153,14 (2) The department of justice may designate up to 5 counties to participate in a voluntary frequent sobriety testing program. If a county opts not to participate in the program, the department of justice may designate another county to replace it.

SB21-SSA1,1153,15 (3) The department of justice may, by rule, establish the following:

SB21-SSA1,1153,17 (a) A standard for frequent testing for the use of alcohol or a controlled substance that is an alternative to the testing described in sub. (4) (b) 1.

SB21-SSA1,1153,20 (b) A standard for setting fees that counties may collect under sub. (4) (d). The standard may include a component that allows the department of justice to recoup its costs under this section, and as provided in sub. (5) (a).

SB21-SSA1,1153,22 (c) A timeline and procedure for counties to submit to the department of justice the information required under sub. (6).

SB21-SSA1,1153,24 (4) Each frequent sobriety testing program shall meet all of the following criteria:

SB21-SSA1,1154,4 (a) The program limits participation to persons whose number of convictions under ss. 940.09 (1) and 940.25, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) equals 2 or more, and to whom one of the following applies:

SB21-SSA1,1154,10 1. The person is ordered by a judge or by the department of corrections as a condition of probation or deferred prosecution, release to parole, or release to extended supervision, to refrain from using alcohol or a controlled substance, and whose participation in the program is ordered by the judge or by the department of corrections as a condition of probation, release to parole, or release to extended supervision.

SB21-SSA1,1154,16 2. The person agrees to refrain from using alcohol or a controlled substance while he or she is on probation, participating in a deferred prosecution agreement, or on parole or extended supervision and volunteers to participate in the program even though his or her participation is not ordered by a judge or by the department of corrections as a condition of probation or deferred prosecution or release to parole or to extended supervision.

SB21-SSA1,1154,19 (b) 1. Except as provided in subd. 2., the program requires participants to be tested for the use of alcohol at least twice daily, at approximately 12-hour intervals, or for the use of a controlled substance as frequently as practicable.

SB21-SSA1,1154,22 2. If the standard for frequent testing described in subd. 1. creates an unreasonable hardship for the county administering the program, the program may utilize the standard established by the department of justice under sub. (3) (a).

SB21-SSA1,1155,3 (c) The program informs a participant that, if he or she fails to appear for a scheduled test or if his or her test results indicate that the participant used alcohol or a controlled substance, he or she may be placed under immediate arrest and referred to the department of corrections and to the appropriate prosecuting agency for violating a condition of his or her probation or deferred prosecution or of his or her release to parole or extended supervision.

SB21-SSA1,1155,9 (d) The program requires participants to pay a fee, except that a county may allow a participant to pay a reduced fee or no fee, subject to the participant's ability to pay. Each county may establish fees that are consistent with any standard established under sub. (3) (b) and that the county determines are sufficient to fund its frequent sobriety testing program. Except as provided in sub. (5), the county may retain the fees it collects pursuant to this paragraph to administer its program.

SB21-SSA1,1155,13 (5) (a) The department of justice may enter into an agreement with each designated county that requires the county to pay a portion of the fees the county collects under sub. (4) (d) to the department of justice to pay the actual costs of performing the analysis and reporting under sub. (7).

SB21-SSA1,1155,16 (b) The department of justice shall deposit in the state treasury for deposit into the general fund all moneys it collects under this subsection. These moneys shall be credited to the appropriation account under s. 20.455 (2) (gu).

SB21-SSA1,1155,19 (6) Each county that establishes a frequent sobriety testing program after being designated by the department of justice under sub. (2) shall, annually, provide the following information to the department of justice:

SB21-SSA1,1155,20 (a) The number of participants in the program.

SB21-SSA1,1155,21 (b) The costs associated with the program.

SB21-SSA1,1155,22 (c) The failure or dropout rate of participants.

SB21-SSA1,1155,23 (d) Other information requested by the department of justice.

SB21-SSA1,1156,4 (7) (a) Not later than June 30, 2016, the department of justice shall provide to the legislature under s. 13.172 (2) a list of counties it designated under sub. (2). For each county it designates, the department of justice shall inform the legislature of the reasons it chose the county for participation. If the department of justice designated a county to replace a different county, the department of justice shall include that information in the report.

SB21-SSA1,1156,9 (b) Beginning January 15, 2017, and annually thereafter until January 15, 2021, the department of justice shall analyze the information it receives pursuant to sub. (6) and shall submit a report to the legislature under s. 13.172 (2). The report shall include all of the following information relating to the prior year's frequent sobriety testing programs:

SB21-SSA1,1156,11 1. A list of counties designated under sub. (2) that established a frequent sobriety testing program.

SB21-SSA1,1156,13 2. The number of participants in each county's frequent sobriety testing program.

SB21-SSA1,1156,14 3. A description of each county's frequent sobriety testing program.

SB21-SSA1,1156,16 4. The recidivism rates for participants in each county's frequent sobriety testing program.

SB21-SSA1,1156,20 (c) By January 15, 2021, the department of justice shall submit a final report to the legislature under s. 13.172 (2) that includes all of the information required under par. (b) and contains a recommendation as to whether the frequent sobriety testing programs should be continued, discontinued, or modified.

SB21-SSA1,1157,2 (8) The department of justice may use the emergency rules procedure under s. 227.24 to promulgate rules specified in sub. (3). Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this section.

SB21-SSA1,1157,3 (9) This section does not apply after June 30, 2021.

SB21-SSA1,3513g Section 3513g. 165.967 of the statutes is created to read:

SB21-SSA1,1157,8 165.967 Court appointed special advocates; grants. From the appropriation under s. 20.455 (5) (es), the department of justice shall in each fiscal year provide $80,000 to the Wisconsin Court Appointed Special Advocate Association.

SB21-SSA1,3513gb Section 3513gb. 165.967 of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed.

SB21-SSA1,3515b Section 3515b. 165.987 (1) of the statutes is amended to read:

SB21-SSA1,1157,19 165.987 (1) From the appropriations under s. 20.455 (2) (cr) and (kj), the department of justice shall allocate $500,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 500,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs. Notwithstanding s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

SB21-SSA1,3515d Section 3515d. 165.987 (3) of the statutes is amended to read:

SB21-SSA1,1158,14 165.987 (3) From the appropriations under s. 20.455 (2) (cr) and (kj) the department of justice shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, $150,000 in each fiscal year to enter into a contract with an organization that is located in ward 2 in the city of Racine to provide services in Racine County, and $150,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, and from the appropriation under s. 20.455 (2) (kj), the department shall allocate $100,000 in each fiscal year to enter into a contract with an organization, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. The organization that is located in ward 2 in the city of Racine shall have a recreational facility, shall offer programs to divert youths from gang activities, may not be affiliated with any national or state association, and may not have entered into a contract under s. 301.265 (3), 1995 stats. Notwithstanding s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

SB21-SSA1,3518 Section 3518. 169.01 (35) (a) of the statutes is amended to read: