AB100-engrossed,1576,52
153.60
(2) The
office department may assess ambulatory surgery centers under
3this section, using as the basis for individual ambulatory surgery center assessments
4the methods and criteria promulgated by rule by the
commissioner department 5under s. 153.75 (1) (k).
AB100-engrossed,1576,14
7153.65 Provision of special information; user fees. The
office department 8may provide, upon request from a person, a data compilation or a special report based
9on the information collected by the
office department under s. 153.05 (1), (3), (4) (b),
10(5), (7) or (8) or 153.08. The
office department shall establish user fees for the
11provision of these compilations or reports, payable by the requester, which shall be
12sufficient to fund the actual necessary and direct cost of the compilation or report.
13All moneys collected under this section shall be credited to the appropriation under
14s.
20.145 (8) 20.435 (1) (hi).
AB100-engrossed,1576,1716
153.75
(1) (intro.) Following approval by the board, the
commissioner 17department shall promulgate the following rules:
AB100-engrossed,1576,2119
153.75
(1) (b) Establishing procedures under which hospitals and health care
20providers are permitted to review and verify patient-related information prior to its
21submission to the
office department.
AB100-engrossed,1576,2423
153.75
(2) (intro.) With the approval of the board, the
commissioner 24department may promulgate all of the following rules:
AB100-engrossed,1577,3
1153.75
(2) (c) Providing for the efficient collection, analysis and dissemination
2of health care information which the
office department may require under this
3chapter.
AB100-engrossed,1577,115
153.90
(3) The
commissioner department may directly assess forfeitures under
6sub. (2). If the
commissioner department determines that a forfeiture should be
7assessed for a particular violation or for failure to correct the violation, the
8commissioner department shall send a notice of assessment to the alleged violator.
9The notice shall specify the alleged violation of the statute or rule and the amount
10of the forfeiture assessed and shall inform the alleged violator of the right to contest
11the assessment under s. 227.44.
AB100-engrossed,1577,1713
154.17
(1) "Do-not-resuscitate bracelet" means a standardized identification
14bracelet of uniform size, color, and design, approved by the department, that bears
15the inscription "Do Not Resuscitate" and signifies that the wearer is a qualified
16patient who has obtained a do-not-resuscitate order and that
the wearer has not
17revoked the request for the order
has not been revoked.
AB100-engrossed,1577,2019
154.19
(1) (b)
The Except as provided in s. 154.225 (2), the patient requests the
20order.
AB100-engrossed,1577,2322
154.19
(1) (bm) Except as provided in s. 154.225 (2), the patient consents to the
23order after being provided the information specified in sub. (2) (a).
AB100-engrossed,1578,2
1154.19
(1) (d)
The Except as provided in s. 154.225 (2), the patient signs the
2order.
AB100-engrossed,1578,84
154.19
(2) (a)
Upon issuing the do-not-resuscitate order, the The attending
5physician, or a person directed by the attending physician, shall provide the patient
6with written information about the resuscitation procedures that the patient has
7chosen to forego and the methods by which the patient may revoke the
8do-not-resuscitate order.
AB100-engrossed,1578,1110
154.19
(3) (b) 1. The
patient has revoked the order
is revoked under s. 154.21
11or 154.225 (2).
AB100-engrossed,1578,13
13154.225 Guardians and health care agents. (1) In this section:
AB100-engrossed,1578,1414
(a) "Guardian" has the meaning given in s. 51.40 (1) (f).
AB100-engrossed,1578,1515
(b) "Health care agent has the meaning given in s. 155.01 (4).
AB100-engrossed,1578,1616
(c) "Incapacitated" has the meaning given in s. 50.06 (1).
AB100-engrossed,1578,22
17(2) The guardian or health care agent of an incapacitated qualified patient may
18request a do-not-resuscitate order on behalf of that incapacitated qualified patient
19and consent to the order and sign it after receiving the information specified in s.
20154.19 (2) (a). The guardian or health care agent of an incapacitated qualified
21patient may revoke a do-not-resuscitate order on behalf of the incapacitated
22qualified patient by any of the following methods:
AB100-engrossed,1579,223
(a) The guardian or health care agent directs an emergency medical technician,
24first responder or a person who serves as a member of an emergency health care
25facility's personnel to resuscitate the patient. The emergency medical technician,
1first responder or the member of the emergency health care facility shall promptly
2remove the do-not-resuscitate bracelet.
AB100-engrossed,1579,43
(b) The guardian or health care agent defaces, burns, cuts or otherwise destroys
4the do-not-resuscitate bracelet.
AB100-engrossed,1579,55
(c) The guardian or health care agent removes the do-not-resuscitate bracelet.
AB100-engrossed,1579,117
154.25
(6) Valid do-not-resuscitate bracelet. A do-not-resuscitate bracelet
8that has not been removed, altered or tampered with in any way shall be presumed
9valid, unless the patient
, the patient's guardian or the patient's health care agent 10expresses to the emergency medical technician, first responder or emergency health
11care facility personnel the
patient's desire to be resuscitated.
AB100-engrossed,1579,22
13165.08 Power to compromise. Any civil action prosecuted by the
14department by direction of any officer, department, board or commission, shall be
15compromised or discontinued when so directed by such officer, department, board or
16commission. Any civil action prosecuted by the department on the initiative of the
17attorney general
, or at the request of any individual may be compromised or
18discontinued with the approval of the governor
, except that a civil action prosecuted
19by the department under s. 165.251 may be compromised or discontinued only with
20the approval of the person who requested legal representation from the department.
21In any criminal action prosecuted by the attorney general, the department shall have
22the same powers with reference to such action as are vested in district attorneys.
AB100-engrossed,1580,224
165.25
(3r) Avoid conflict of interest. Require that attorneys in different
25organizational subunits in the department prosecute violations of chs.
561 562 to 569
1or Indian gaming compacts entered into under s. 14.035 and defend any department,
2agency, official, employe or agent under subs. (1), (4) (a) and (6).
AB100-engrossed,1580,4
4165.251 Actions to clear title. (1) Definitions. In this section:
AB100-engrossed,1580,65
(a) "Family corporation" means a corporation qualifying under s. 182.001 (1)
6(a).
AB100-engrossed,1580,87
(b) "Immediate family" means persons related as spouses, as siblings or as
8parent and child.
AB100-engrossed,1580,109
(c) "Instrument relating to title" includes a deed, mortgage, lien, claim of lien,
10judgment or lis pendens.
AB100-engrossed,1580,1111
(d) "Local public office" has the meaning given in s. 19.42 (7w).
AB100-engrossed,1580,1212
(e) "Public office" means local public office or state public office.
AB100-engrossed,1580,1313
(f) "Public official" means a person holding a public office.
AB100-engrossed,1580,1714
(g) "Qualifying property" means real property owned in whole or in part by a
15public official, by a member of a public official's immediate family or by a family
16corporation in which a public official is a shareholder during the period of time public
17office was held.
AB100-engrossed,1580,1818
(h) "State public office" has the meaning given in s. 19.42 (13).
AB100-engrossed,1580,21
19(2) Representation upon request. The department of justice may provide legal
20representation to any person who requests the legal representation and who does all
21of the following:
AB100-engrossed,1580,2422
(a) Claims that title to qualifying property has been clouded by the false,
23fraudulent or frivolous filing, entry or recordation of any instrument relating to title
24during the period the affected real property was qualifying property.
AB100-engrossed,1581,2
1(b) Claims to be an owner in the qualifying property or a shareholder in a family
2corporation, if any, that owns the qualifying property.
AB100-engrossed,1581,43
(c) Agrees to the conditional payment of the costs of legal representation under
4sub. (5).
AB100-engrossed,1581,8
5(3) Actions to clear title. If it decides to provide legal representation under
6sub. (2), the department of justice shall bring the actions that are necessary to clear
7clouds upon title to qualifying property from false, fraudulent or frivolous filings,
8entries or recordations of instruments relating to title.
AB100-engrossed,1581,13
9(4) Required finding. As part of any action brought under this section, the
10court shall make a finding of whether the instrument relating to title that is claimed
11to create a cloud upon the title was filed, entered or recorded with the authorization,
12consent or approval of the owner of the qualifying property or of any creditor having
13an interest in the qualifying property.
AB100-engrossed,1581,21
14(5) Conditional payment of costs of representation. Each person making a
15request under sub. (2) shall, as part of that request, agree to pay the costs of legal
16representation provided by the department of justice, if the court makes a finding
17under sub. (4) that the instrument relating to title was filed, entered or recorded with
18the authorization, consent or approval of the owner of the qualifying property or of
19any creditor having an interest in the qualifying property. If the court does not make
20such a finding, the person may not be required to pay any of the costs of the legal
21representation.
AB100-engrossed,1582,2
22(6) If payment required. If, upon the completion of all proceedings, the person
23who made the request under sub. (2) is subject to conditional payment of the costs
24of legal representation provided by the department of justice under sub. (5), the
25department of justice may charge the person an amount not exceeding the total cost
1of the legal representation provided. All payments collected by the department
2under this subsection shall be deposited in the general fund.
AB100-engrossed,1582,4
3(7) Limitation on representation. The department of justice may represent
4persons under this section at the trial level only.
AB100-engrossed,1582,86
165.30
(1m) Generally. The department of justice shall represent the
7interests of and furnish legal services to departments relating to the collection of
8obligations.
AB100-engrossed,1582,1210
165.70
(3m) The attorney general shall establish a separate bureau in the
11division of criminal investigation in which all of the department's gaming law
12enforcement responsibilities under chs.
561 562 to 569 and 945 shall be performed.
AB100-engrossed,1582,1614
165.72
(7) Publicity. The department shall cooperate with the department of
15education public instruction in publicizing, in public schools, the use of the toll-free
16telephone number under sub. (2).
AB100-engrossed,1582,23
18165.755 Crime laboratories and drug law enforcement assessment. (1) 19(a) Except as provided in par. (b), beginning on October 1, 1997, or on the effective
20date of this paragraph .... [revisor inserts date], whichever is later, a court shall
21impose a crime laboratories and drug law enforcement assessment of $4 if the court
22imposes a sentence, places a person on probation or imposes a forfeiture for a
23violation of state law or for a violation of a municipal or county ordinance.
AB100-engrossed,1583,224
(b) A court may not impose the crime laboratories and drug law enforcement
25assessment under par. (a) for a violation of s. 101.123 (2) (a), (am) 1. or (bm) or (5) (b)
1or for a violation of a state law or municipal or county ordinance involving a
2nonmoving traffic violation or a safety belt use violation under s. 347.48 (2m).
AB100-engrossed,1583,6
3(2) If the court under sub. (1) (a) imposes a sentence or forfeiture for multiple
4offenses or places a person on probation for multiple offenses, a separate crime
5laboratories and drug law enforcement assessment shall be imposed for each
6separate offense.
AB100-engrossed,1583,10
7(3) Except as provided in sub. (4), after the court determines the amount due
8under sub. (1) (a), the clerk of the court shall collect and transmit the amount to the
9county treasurer under s. 59.40 (2) (m). The county treasurer shall then make
10payment to the state treasurer under s. 59.25 (3) (f) 2.
AB100-engrossed,1583,14
11(4) If a municipal court imposes a forfeiture, after determining the amount due
12under sub. (1) (a) the court shall collect and transmit such amount to the treasurer
13of the county, city, town or village, and that treasurer shall make payment to the state
14treasurer as provided in s. 66.12 (1) (b).
AB100-engrossed,1583,20
15(5) If any deposit of bail is made for a noncriminal offense to which sub. (1) (a)
16applies, the person making the deposit shall also deposit a sufficient amount to
17include the assessment prescribed in sub. (1) (a) for forfeited bail. If bail is forfeited,
18the amount of the assessment under sub. (1) (a) shall be transmitted monthly to the
19state treasurer under this section. If bail is returned, the assessment shall also be
20returned.
AB100-engrossed,1583,25
21(6) If an inmate in a state prison or a person sentenced to a state prison has
22not paid the crime laboratories and drug law enforcement assessment under sub. (1)
23(a), the department shall assess and collect the amount owed from the inmate's
24wages or other moneys. Any amount collected shall be transmitted to the state
25treasurer.
AB100-engrossed,1584,3
1(7) All moneys collected from crime laboratories and drug law enforcement
2assessments under this section shall be deposited by the state treasurer and used as
3specified in s. 20.455 (2) (kd) and (Lm).
AB100-engrossed,1584,11
5165.80 Cooperation with other state departments. For the purpose of
6coordinating the work of the crime laboratories with the research departments
7located in the university of Wisconsin, the attorney general and the university of
8Wisconsin may agree for the use of university laboratories and university physical
9facilities and the exchange and utilization of personnel between the crime
10laboratories and the university.
The university and crime laboratories cooperation
11council shall act in an advisory capacity to the attorney general.
AB100-engrossed,1584,16
13165.825 Information link; department of health and family services. 14The department of justice shall cooperate with the departments of regulation and
15licensing and health and family services in developing and maintaining a computer
16linkup to provide access to the information obtained from a criminal history search.
AB100-engrossed, s. 3103j
17Section 3103j. 165.83 (1) (c) of the statutes is renumbered 165.83 (1) (c) (intro.)
18and amended to read:
AB100-engrossed,1584,1919
165.83
(1) (c) (intro.) "Offense" means
an any of the following:
AB100-engrossed,1584,21
201. An act
which that is committed by a person who has attained the age of 17
21and that is a felony
, or a misdemeanor
or.
AB100-engrossed,1584,23
223. An act that is committed by any person and that is a violation of a city, county,
23village or town ordinance.
AB100-engrossed,1585,3
1165.83
(1) (c) 2. An act that is committed by a person who has attained the age
2of 10 but who has not attained the age of 17 and that would be a felony or
3misdemeanor if committed by an adult.
AB100-engrossed,1585,65
165.83
(2) (a) 1. For an offense which is a felony
or which would be a felony if
6committed by an adult.
AB100-engrossed,1585,148
165.83
(2) (a) 2. For an offense which is a misdemeanor
, which would be a
9misdemeanor if committed by an adult or
which is a violation of an ordinance
10involving, and the offense involves burglary tools, commercial gambling, dealing in
11gambling devices, contributing to the delinquency of a child, dealing in stolen
12property, controlled substances or controlled substance analogs under ch. 961,
13firearms, dangerous weapons, explosives, pandering, prostitution, sex offenses
14where children are victims, or worthless checks.