1999 Wisconsin Act 9

(2) The immunity provided under this section does not apply to intentional, wilful or reckless acts or omissions by health care providers.

9,2283k Section 2283k. 153.90 (1) of the statutes is amended to read:

153.90 (1) Whoever intentionally violates s. 153.45 (5) or 153.50 or rules promulgated under s. 153.75 (1) (a) may be fined not more than $10,000 $15,000 or imprisoned for not more than 9 months one year in the county jail or both.

9,2283m Section 2283m. 154.17 (1) of the statutes is amended to read:

154.17 (1) "Do-not-resuscitate bracelet" means a standardized identification bracelet of uniform size, color, and design, that meets the specifications established under s. 154.27 (1), or that is approved by the department under s. 154.27 (2), that bears the inscription "Do Not Resuscitate" and signifies that the wearer is a qualified patient who has obtained a do-not-resuscitate order and that the order has not been revoked.

9,2283n Section 2283n. 154.19 (2) (b) of the statutes is renumbered 154.19 (2) (b) (intro.) and amended to read:

154.19 (2) (b) (intro.) After providing the information under par. (a), the attending physician, or the person directed by the attending physician, shall affix document in the patient's medical record the medical condition that qualifies the patient for the do-not-resuscitate order, shall make the order in writing and shall do one of the following, as requested by the qualified patient:

1. Affix to the wrist of the patient a do-not-resuscitate bracelet and document in the patient's medical record the medical condition that qualifies the patient for the do-not-resuscitate order that meets the specifications established under s. 154.27 (1).

9,2283p Section 2283p. 154.19 (2) (b) 2. of the statutes is created to read:

154.19 (2) (b) 2. Provide an order form from a commercial vendor approved by the department under s. 154.27 (2) to permit the patient to order a do-not-resuscitate bracelet from the commercial vendor.

9,2283q Section 2283q. 154.27 of the statutes is renumbered 154.27 (1) and amended to read:

154.27 (1) The department shall establish by rule a uniform standard for the size, color, and design of all do-not-resuscitate bracelets. The Except as provided in sub. (2), the rules shall require that the do-not-resuscitate bracelets include the inscription "Do Not Resuscitate"; the name, address, date of birth and gender of the patient; and the name, business telephone number and signature of the attending physician issuing the order.

9,2283r Section 2283r. 154.27 (2) of the statutes is created to read:

154.27 (2) The department may approve a do-not-resuscitate bracelet developed and distributed by a commercial vendor if the bracelet contains an emblem that displays an internationally recognized medical symbol on the front and the words "Wisconsin Do-Not-Resuscitate-EMS" and the qualified patient's first and last name on the back. The department may not approve a do-not-resuscitate bracelet developed and distributed by a commercial vendor if the vendor does not require a doctor's order for the bracelet prior to distributing it to a patient.

9,2283rm Section 2283rm. 155.01 (6) of the statutes is amended to read:

155.01 (6) "Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center, tuberculosis sanatorium or other place licensed or approved by the department under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, or 51.09 , 58.06, 252.073 or 252.076 or a facility under s. 45.365, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.

9,2283t Section 2283t. 157.065 (3) of the statutes is renumbered 157.065 (3) (a).

9,2283u Section 2283u. 157.065 (3) (b) of the statutes is created to read:

157.065 (3) (b) Any private military academy that provides an educational program for grades 7 to 12 in a 4th class city may establish a private cemetery within the city on land that the military academy owns, if the common council consents. No mausoleum within a cemetery established under this paragraph may exceed 3,500 square feet in area.

9,2288b Section 2288b. 165.755 (1) (a) of the statutes is amended to read:

165.755 (1) (a) Except as provided in par. (b), beginning on October 14, 1997, a court shall impose a crime laboratories and drug law enforcement assessment of $4 $5 if the court imposes a sentence, places a person on probation or imposes a forfeiture for a violation of state law or for a violation of a municipal or county ordinance.

9,2288f Section 2288f. 165.76 (1) (a) of the statutes is amended to read:

165.76 (1) (a) Is in prison or a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g) or on probation, extended supervision, parole, supervision or aftercare supervision on or after August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

9,2288g Section 2288g. 165.76 (1) (a) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

165.76 (1) (a) Is in a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or on probation, extended supervision, parole, supervision or aftercare supervision on or after August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

9,2288h Section 2288h. 165.76 (1) (ag) of the statutes is created to read:

165.76 (1) (ag) Is in prison on or after August 12, 1993, and before January 1, 2000, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

9,2288i Section 2288i. 165.76 (1) (ar) of the statutes is created to read:

165.76 (1) (ar) Is in prison on or after January 1, 2000, for a felony committed in this state.

9,2288L Section 2288L. 165.76 (1) (e) of the statutes is amended to read:

165.76 (1) (e) Is released on parole or extended supervision or placed on probation in another state before January 1, 2000, and is on parole, extended supervision or probation in this state from another the other state under s. 304.13 or 304.135 on or after July 9, 1996, for a violation of the law of another the other state that the department of corrections determines, under s. 304.137 (1), is comparable to a violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

9,2288m Section 2288m. 165.76 (1) (f) of the statutes is created to read:

165.76 (1) (f) Is released on parole or extended supervision or placed on probation in another state on or after January 1, 2000, and is on parole, extended supervision or probation in this state from the other state under s. 304.13 or 304.135 for a violation of the law of the other state that the department of corrections determines, under s. 304.137 (2), would constitute a felony if committed by an adult in this state.

9,2289d Section 2289d. 165.76 (2) (b) 2. of the statutes is amended to read:

165.76 (2) (b) 2. If the person has been sentenced to prison or placed in a secured correctional facility or , a secured child caring institution or a secured group home, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after release on parole, extended supervision or aftercare supervision, as directed by his or her probation, extended supervision and parole agent or aftercare agent, except that the department of corrections or the county department under s. 46.215, 46.22 or 46.23 operating the secured group home in which the person is placed may require the person to provide the specimen while he or she is in prison or in a the secured correctional facility or a, secured child caring institution or secured group home.

9,2289t Section 2289t. 165.842 of the statutes is created to read:

165.842 Motor vehicle stops; collection of information; annual report. (1) Definitions. In this section:

(a) "Department" means the department of justice.

(b) "Law enforcement agency" has the meaning given in s. 165.77 (1) (b).

(c) "Law enforcement officer" means a person who is employed by a law enforcement agency 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 the person is employed to enforce, whether that enforcement authority extends to all laws or ordinances or is limited to specific laws or ordinances.

(d) "Motor vehicle stop" means the stop of a motor vehicle that is traveling in any public or private place, or the detention of an occupied motor vehicle that is already stopped in any public or private place, for the purpose of investigating any alleged or suspected violation of a state or federal law or city, village, town or county ordinance.

(2) Information collection required. All persons in charge of law enforcement agencies shall obtain, or cause to be obtained, all of the following information with respect to each motor vehicle stop made on or after January 1, 2001, by a law enforcement officer employed by the law enforcement agency:

(a) The reason the law enforcement officer stopped the motor vehicle.

(b) The age, gender and race or ethnicity of the driver of the motor vehicle.

(c) The number of persons in the motor vehicle.

(d) Whether a search was conducted of the motor vehicle, the driver of the motor vehicle or any passenger in the motor vehicle, and for each search conducted all of the following information:

1. Whether the search was based on probable cause or reasonable suspicion, on the consent of the person searched or, for a motor vehicle search, on the consent of the driver or other authorized person.

2. If the search was of a passenger in the motor vehicle, the age, gender and race or ethnicity of the passenger.

3. What, if anything, was seized as a result of the search.

(e) Whether a person was asked to give consent to a search of the motor vehicle or of his or her person but refused to give consent.

(f) Whether the motor vehicle stop or a search conducted during the stop resulted in the driver or any passenger being given a written warning of or a citation for a violation of any law or ordinance and, if so, a listing of each warning or citation given and the alleged violation for which the warning or citation was given.

(g) Whether the motor vehicle stop or a search conducted during the stop resulted in the arrest of the driver or any passenger and, if so, a listing of each arrest made and the reason for the arrest.

(h) Any other information required to be collected under the rules promulgated by the department under sub. (5).

(3) Submission of information collected. The information obtained by a law enforcement agency under sub. (2) shall be forwarded to the department using the form prescribed by the rules promulgated under sub. (5) and in accordance with the reporting schedule established under the rules promulgated under sub. (5).

(4) Analysis and report by department. (a) The department shall compile the information submitted to it by law enforcement agencies under sub. (3) and shall analyze the information, along with any other relevant information, to determine whether law enforcement officers target racial minorities when making motor vehicle stops to investigate alleged or suspected violations of federal, state or local laws or ordinances.

(b) For each calendar year, the department shall prepare an annual report that summarizes the information submitted to it by law enforcement agencies concerning motor vehicle stops made during the calendar year and that describes the methods and conclusions of its analysis of the information. On or before March 31, 2002, and on or before each March 31 thereafter, the department shall submit the annual report required under this paragraph to the legislature under s. 13.172 (2), to the governor and to the director of state courts.

(5) Rules. (a) The department shall promulgate rules to implement the requirements of this section, including rules prescribing a form for use in obtaining information under sub. (2) and establishing a schedule for forwarding the information obtained to the department. The department shall make the form prescribed by its rules available to law enforcement agencies.

(b) The department may by rule require the collection of information in addition to that specified in sub. (2) (a) to (g) if the department determines that the information will help to determine whether law enforcement officers target racial minorities when making motor vehicle stops to investigate alleged or suspected violations of federal, state or local laws or ordinances.

9,2289ud Section 2289ud. 165.85 (3m) (b) of the statutes is renumbered 165.85 (3m) (b) 1. and amended to read:

165.85 (3m) (b) 1. Request that an individual provide the board with his or her social security number when he or she applies for certification or recertification under this section. If Except as provided in subd. 2., if an individual who is requested by the board to provide his or her social security number under this paragraph does not comply with the board's request, the board shall deny the individual's application for certification or recertification. The board may disclose a social security number provided by an individual under this paragraph only to the department of workforce development as provided in a memorandum of understanding entered into with the department of workforce development under s. 49.857.

9,2289ue Section 2289ue. 165.85 (3m) (b) 2. of the statutes is created to read:

165.85 (3m) (b) 2. As a condition of applying for certification or recertification, an individual who does not have a social security number shall submit a statement made or subscribed under oath or affirmation to the board that he or she does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A certification or recertification issued in reliance on a false statement submitted under this subdivision is invalid.

9,2290 Section 2290. 165.85 (5m) of the statutes is repealed.

9,2290v Section 2290v. 165.87 (title) of the statutes is repealed.

9,2291 Section 2291. 165.87 (1) (title) of the statutes is repealed.

9,2292m Section 2292m. 165.87 (1) (a) of the statutes is renumbered 757.05 (2) (a) and amended to read:

757.05 (2) (a) Law enforcement training fund. Twenty-seven fifty-fifths of all moneys collected from penalty assessments under this section sub. (1) shall be credited to the appropriation account under s. 20.455 (2) (i) and utilized in accordance with ss. 20.455 (2) and 165.85 (5) and (5m). The moneys credited to the appropriation account under s. 20.455 (2) (i), except for the moneys transferred to s. 20.455 (2) (jb), constitute the law enforcement training fund.

9,2293 Section 2293. 165.87 (1) (b) of the statutes is repealed.

9,2294m Section 2294m. 165.87 (1) (bn) of the statutes is renumbered 16.964 (4) and amended to read:

16.964 (4) Five twenty-seconds of all moneys collected from penalty assessments under this section shall be credited to the appropriation account under and utilized in accordance with s. 20.505 (6) (g), except for moneys transferred to ss. 20.410 (3) (kj) and 20.505 (6) (h). In regard to any grant the office makes to any local unit of government for which the state is providing matching funds from moneys under this paragraph s. 20.505 (6) (kp), the local unit of government shall provide matching funds equal to at least 10%.

9,2295 Section 2295. 165.87 (1) (bp) of the statutes is repealed.

9,2296 Section 2296. 165.87 (1) (br) of the statutes is repealed.

9,2297 Section 2297. 165.87 (1) (c) of the statutes is repealed.

9,2298 Section 2298. 165.87 (2) of the statutes is renumbered 757.05 (1).

9,2299 Section 2299. 165.90 (4) (intro.) of the statutes is amended to read:

165.90 (4) (intro.) If the department approves a plan, the department shall certify the program as eligible to receive aid under s. 20.455 (2) (d) and (hn) (kt). Prior to January 15, of the year for which funding is sought, the department shall distribute from the appropriations under s. 20.455 (2) (d) and (hn) (kt) to each eligible program the amount necessary to implement the plan, subject to the following limitations:

9,2300 Section 2300. 165.90 (4) (a) of the statutes is amended to read:

165.90 (4) (a) A program may use funds received under s. 20.455 (2) (d) or (hn) (kt) only for law enforcement operations.

9,2301 Section 2301. 165.90 (4) (b) of the statutes is amended to read:

165.90 (4) (b) A program shall, prior to the receipt of funds under s. 20.455 (2) (d) or (hn) (kt) for the 2nd and any subsequent year, submit a report to the department regarding the performance of law enforcement activities on the reservation in the previous fiscal year.

9,2301m Section 2301m. 166.03 (2) (a) 6. of the statutes is created to read:

166.03 (2) (a) 6. Purchase from the appropriation under s. 20.465 (3) (a), at a cost not to exceed $110,000, infrared optical equipment to be located and maintained by the Chippewa County emergency management agency and used by the civil air patrol to search for lost individuals.

9,2302 Section 2302. 166.15 (1) (f) of the statutes is amended to read:

166.15 (1) (f) "Nuclear incident" means any sudden or nonsudden release of ionizing radiation, as defined under s. 254.31 (3g), from radioactive waste being stored or disposed of in a waste repository or transported. "Nuclear incident" does not include any release of radiation from radioactive waste being transported under routine operations.

9,2302m Section 2302m. 166.20 (5) (a) 3. of the statutes is amended to read:

166.20 (5) (a) 3. All facilities in this state covered under 42 USC 11021 and all public agencies and private agencies in this state at which a hazardous chemical is present at or above an applicable threshold quantity shall comply with the reporting requirements under 42 USC 11021 and 11022. The division shall implement minimum threshold levels for reporting by retail gas stations that are identical to the minimum threshold levels for reporting under 42 USC 11021 and 11022.

9,2303 Section 2303. 166.20 (7g) of the statutes is repealed.

9,2303b Section 2303b. 166.215 (1) of the statutes is amended to read:

166.215 (1) The Beginning July 1, 2001, the division shall contract with no fewer than 7 and no more than 9 regional emergency response teams, each of which will one of which shall be located in La Crosse County. Each regional emergency response team shall assist in the emergency response to level A releases in a region of this state designated by the division. The division shall contract with at least one regional emergency response team in each area designated under s. 166.03 (2) (b) 1. The division may only contract with a local agency, as defined in s. 166.22 (1) (c), under this subsection. A member of a regional emergency response team shall meet the standards for a hazardous materials specialist in 29 CFR 1910.120 (q) (6) (iv) and national fire protection association standards NFPA 471 and 472. Payments to regional emergency response teams under this subsection shall be made from the appropriation account under s. 20.465 (3) (dd).