Amendment JR2 ASA1-AB1

AB1-ASA1,165,8 125.68 (12) (c) Any person causing the death of another human being through the selling or otherwise disposing of, for beverage purposes, either denatured alcohol or alcohol or alcoholic liquid redistilled from denatured alcohol, shall be imprisoned for not more than 15 years is guilty of a Class E felony.

AB1-ASA1, s. 296 Section 296. 132.20 (2) of the statutes is amended to read:

AB1-ASA1,165,16 132.20 (2) Any person who, with intent to deceive, traffics or attempts to traffic in this state in a counterfeit mark or in any goods or service bearing or provided under a counterfeit mark shall is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), if the person is an individual, he or she may be fined not more than $250,000 or imprisoned for not more than 7 years and 6 months or both, or, and if the person is not an individual, the person may be fined not more than $1,000,000.

AB1-ASA1, s. 297 Section 297. 133.03 (1) of the statutes is amended to read:

AB1-ASA1,165,24 133.03 (1) Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce is illegal. Every person who makes any contract or engages in any combination or conspiracy in restraint of trade or commerce is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $100,000 if a corporation, or, if any other person, may be fined not more than $50,000 or imprisoned for not more than 7 years and 6 months or both.

AB1-ASA1, s. 298 Section 298. 133.03 (2) of the statutes is amended to read:

AB1-ASA1,166,6 133.03 (2) Every person who monopolizes, or attempts to monopolize, or combines or conspires with any other person or persons to monopolize any part of trade or commerce is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $100,000 if a corporation, or, if any other person, may be fined not more than $50,000 or imprisoned for not more than 7 years and 6 months or both.

AB1-ASA1, s. 299 Section 299. 134.05 (4) of the statutes is amended to read:

AB1-ASA1,166,11 134.05 (4) Whoever violates sub. (1), (2) or (3) shall be punished by a fine of not less than $10 nor more than $500 or by such fine and by imprisonment for not more than 2 years may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB1-ASA1, s. 300 Section 300. 134.16 of the statutes is amended to read:

AB1-ASA1,166,24 134.16 Fraudulently receiving deposits. Any officer, director, stockholder, cashier, teller, manager, messenger, clerk or agent of any bank, banking, exchange, brokerage or deposit company, corporation or institution, or of any person, company or corporation engaged in whole or in part in banking, brokerage, exchange or deposit business in any way, or any person engaged in such business in whole or in part, who shall accept or receive, on deposit, or for safekeeping, or to loan, from any person any money, or any bills, notes or other paper circulating as money, or any notes, drafts, bills of exchange, bank checks or other commercial paper for safekeeping or for collection, when he or she knows or has good reason to know that such bank, company or corporation or that such person is unsafe or insolvent shall be imprisoned in the Wisconsin state prisons for not less than one year nor more than 15 years or fined not more than $10,000 is guilty of a Class F felony.

AB1-ASA1, s. 301 Section 301. 134.20 (1) (intro.) of the statutes is amended to read:

AB1-ASA1,167,3 134.20 (1) (intro.) Whoever, with intent to defraud, does any of the following shall be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony:

AB1-ASA1, s. 302 Section 302. 134.205 (4) of the statutes is amended to read:

AB1-ASA1,167,8 134.205 (4) Whoever, with intent to defraud, issues a warehouse receipt without entering the same in a register as required by this section shall be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1-ASA1, s. 303 Section 303. 134.58 of the statutes is amended to read:

AB1-ASA1,167,16 134.58 Use of unauthorized persons as officers. Any person who, individually, in concert with another or as agent or officer of any firm, joint-stock company or corporation, uses, employs, aids or assists in employing any body of armed persons to act as militia, police or peace officers for the protection of persons or property or for the suppression of strikes, not being authorized by the laws of this state to so act, shall be fined not more than $1,000 or imprisoned for not less than one year nor more than 4 years and 6 months or both is guilty of a Class I felony.

AB1-ASA1, s. 316 Section 316. 139.44 (1) of the statutes is amended to read:

AB1-ASA1,167,24 139.44 (1) Any person who falsely or fraudulently makes, alters or counterfeits any stamp or procures or causes the same to be done, or who knowingly utters, publishes, passes or tenders as true any false, altered or counterfeit stamp, or who affixes the same to any package or container of cigarettes, or who possesses with the intent to sell any cigarettes in containers to which false, altered or counterfeit stamps have been affixed shall be imprisoned for not less than one year nor more than 15 years is guilty of a Class G felony.

AB1-ASA1, s. 317 Section 317. 139.44 (1m) of the statutes is amended to read:

AB1-ASA1,168,3 139.44 (1m) Any person who falsely or fraudulently tampers with a cigarette meter in order to evade the tax under s. 139.31 shall be imprisoned for not less than one year nor more than 15 years is guilty of a Class G felony.

AB1-ASA1, s. 318 Section 318. 139.44 (2) of the statutes is amended to read:

AB1-ASA1,168,9 139.44 (2) Any person who makes or signs any false or fraudulent report or who attempts to evade the tax imposed by s. 139.31 or 139.76, or who aids in or abets the evasion or attempted evasion of that tax shall may be fined not less than $1,000 nor more than $5,000 $10,000 or imprisoned for not less than 90 days nor more than 2 years 9 months or both.

AB1-ASA1, s. 319 Section 319. 139.44 (8) (c) of the statutes is amended to read:

AB1-ASA1,168,13 139.44 (8) (c) If the number of cigarettes exceeds 36,000, a fine of not more than $10,000 or imprisonment for not more than 3 years or both the person is guilty of a Class I felony.

AB1-ASA1, s. 320 Section 320. 139.85 (1) of the statutes is amended to read:

AB1-ASA1,168,18 139.85 (1) The interest and penalties under s. 139.44 (2) to (7) and (9) to (12) apply to this subchapter. In addition, a person who violates s. 139.82 (8) shall may be fined not less than $1,000 nor more than $5,000 $10,000 or imprisoned for not less than 90 days nor more than one year 9 months or both.

AB1-ASA1, s. 321 Section 321. 139.95 (2) of the statutes is amended to read:

AB1-ASA1,168,24 139.95 (2) A dealer who possesses a schedule I controlled substance, a schedule II controlled substance or ketamine or flunitrazepam that does not bear evidence that the tax under s. 139.88 has been paid may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1-ASA1, s. 322 Section 322. 139.95 (3) of the statutes is amended to read:

AB1-ASA1,169,9 139.95 (3) Any person who falsely or fraudulently makes, alters or counterfeits any stamp or procures or causes the same to be done or who knowingly utters, publishes, passes or tenders as true any false, altered or counterfeit stamp or who affixes a counterfeit stamp to a schedule I controlled substance, a schedule II controlled substance or ketamine or flunitrazepam or who possesses a schedule I controlled substance, a schedule II controlled substance or ketamine or flunitrazepam to which a false, altered or counterfeit stamp is affixed may be fined not more than $10,000 or imprisoned for not less than one year nor more than 15 years or both is guilty of a Class F felony.

AB1-ASA1, s. 324 Section 324. 146.345 (3) of the statutes is amended to read:

AB1-ASA1,169,14 146.345 (3) Any person who violates this section is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $50,000 or imprisoned for not more than 7 years and 6 months or both.

AB1-ASA1, s. 325 Section 325. 146.35 (5) of the statutes is amended to read:

AB1-ASA1,169,18 146.35 (5) Whoever violates sub. (2) may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1-ASA1, s. 326 Section 326. 146.50 (1) (a) of the statutes is renumbered 146.50 (1) (am).

AB1-ASA1, s. 327 Section 327. 146.50 (1) (ag) of the statutes is created to read:

AB1-ASA1,169,23 146.50 (1) (ag) "Act of terrorism" means a felony under ch. 939 to 951 that is committed with intent to terrorize and is committed under any of the following circumstances:

AB1-ASA1,169,25 1. The person committing the felony causes bodily harm, great bodily harm, or death to another.

AB1-ASA1,170,4 2. The person committing the felony causes damage to the property of another and the total property damaged is reduced in value by $25,000 or more. For purposes of this subdivision, property is reduced in value by the amount that it would cost either to repair or replace it, whichever is less.

AB1-ASA1,170,6 3. The person committing the felony uses force or violence or the threat of force or violence.

AB1-ASA1, s. 328 Section 328. 146.50 (1) (hr) of the statutes is created to read:

AB1-ASA1,170,10 146.50 (1) (hr) "Governmental unit" means the United States; the state; any county, city, village, or town; or any political subdivision, department, division, board, or agency of the United States, the state, or any county, city, village, or town.

AB1-ASA1, s. 329 Section 329. 146.50 (1) (ig) of the statutes is created to read:

AB1-ASA1,170,15 146.50 (1) (ig) "Intent to terrorize" means intent to influence the policy of a governmental unit by intimidation or coercion, to punish a governmental unit for a prior policy decision, to affect the conduct of a governmental unit by homicide or kidnapping, or to intimidate or coerce a civilian population.

AB1-ASA1, s. 330 Section 330. 146.50 (6) (a) 2. of the statutes is amended to read:

AB1-ASA1,170,20 146.50 (6) (a) 2. Have satisfactorily completed a course of instruction and training, including training for response to acts of terrorism, prescribed by the department or have presented evidence satisfactory to the department of sufficient education and training in the field of emergency care.

AB1-ASA1, s. 331 Section 331. 146.50 (6) (b) 2. of the statutes is amended to read:

AB1-ASA1,170,25 146.50 (6) (b) 2. The department, in conjunction with the technical college system board, shall promulgate rules specifying training, education , or examination requirements, including requirements for training for response to acts of terrorism, for license renewals for emergency medical technicians.

AB1-ASA1, s. 332 Section 332. 146.50 (8) (b) 3. of the statutes is amended to read:

AB1-ASA1,171,5 146.50 (8) (b) 3. The individual satisfactorily completes a first responder course that meets or exceeds the guidelines issued by the National Highway Traffic Safety Administration under 23 CFR 1205.3 (a) (5), that includes training for response to acts of terrorism, and that is approved by the department.

AB1-ASA1, s. 333 Section 333. 146.50 (8) (c) of the statutes is amended to read:

AB1-ASA1,171,12 146.50 (8) (c) To be eligible for a renewal of a certificate as a first responder, except as provided in ss. 146.51 and 146.52, the holder of the certificate shall satisfactorily complete a first responder refresher course that meets or exceeds the guidelines issued by the National Highway Traffic Safety Administration under 23 CFR 1205.3 (a) (5), that includes training for response to acts of terrorism, and that is approved by the department.

AB1-ASA1, s. 334 Section 334. 146.55 (1) (a) of the statutes is amended to read:

AB1-ASA1,171,16 146.55 (1) (a) "Ambulance service" means the business of transporting sick, disabled, or injured individuals by ambulance, as defined in s. 146.50 (1) (a) (am), to or from facilities or institutions providing health services.

AB1-ASA1, s. 334g Section 334g. 146.56 (1) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,171,23 146.56 (1) Not later than July 1, 2002, the The department shall develop and implement a statewide trauma care system. The department shall seek the advice of the statewide trauma advisory council under s. 15.197 (25) in developing and implementing the system, and, as part of the system, shall develop regional trauma advisory councils.

AB1-ASA1, s. 335 Section 335. 146.60 (9) (am) of the statutes is amended to read:

AB1-ASA1,172,3 146.60 (9) (am) For a 2nd or subsequent violation under par. (ag), a person shall may be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than 2 years 9 months or both.

AB1-ASA1, s. 336 Section 336. 146.70 (10) (a) of the statutes is amended to read:

AB1-ASA1,172,10 146.70 (10) (a) Any person who intentionally dials the telephone number "911" to report an emergency, knowing that the fact situation which he or she reports does not exist, shall be fined not less than $50 nor more than $300 or imprisoned not more than 90 days or both for the first offense and shall be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony for any other offense committed within 4 years after the first offense.

AB1-ASA1, s. 336L Section 336L. 150.401 of the statutes is created to read:

AB1-ASA1,172,18 150.401 Redistribution of nursing home beds to replace transferred beds. (1) Notwithstanding ss. 150.33, 150.35, and 150.39, from the nursing home beds that are available under s. 150.31, the department shall redistribute a number of beds that corresponds to the number of approved beds of a nursing home whose owner has transferred to another location, resulting in the loss of a nursing home within 15 miles of a city with a population of 4,474 in 1990 in a county with a population of 30,226 in 1990.

AB1-ASA1,172,20 (2) All of the following apply to the redistributed nursing home beds under sub. (1):

AB1-ASA1,172,22 (a) The beds may be redistributed only to a location in a city that is specified in sub. (1).

AB1-ASA1,172,25 (b) A person may not receive approval for the beds unless the person submits to the department, on a form provided by the department, an application that meets the requirements under s. 150.33 (2).

AB1-ASA1, s. 337 Section 337. 154.15 (2) of the statutes is amended to read:

AB1-ASA1,173,8 154.15 (2) Any person who, with the intent to cause a withholding or withdrawal of life-sustaining procedures or feeding tubes contrary to the wishes of the declarant, illegally falsifies or forges the declaration of another or conceals a declaration revoked under s. 154.05 (1) (a) or (b) or any person who intentionally withholds actual knowledge of a revocation under s. 154.05 shall be fined not more than $10,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.

AB1-ASA1, s. 338 Section 338. 154.29 (2) of the statutes is amended to read:

AB1-ASA1,173,16 154.29 (2) Any person who, with the intent to cause the withholding or withdrawal of resuscitation contrary to the wishes of any patient, falsifies, forges or transfers a do-not-resuscitate bracelet to that patient or conceals the revocation under s. 154.21 of a do-not-resuscitate order or any responsible person who withholds personal knowledge of a revocation under s. 154.21 shall be fined not more than $10,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.

AB1-ASA1, s. 339 Section 339. 165.85 (4) (b) 1. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,175,8 165.85 (4) (b) 1. No person may be appointed as a law enforcement or tribal law enforcement officer, except on a temporary or probationary basis, unless the person has satisfactorily completed a preparatory program of law enforcement training approved by the board and has been certified by the board as being qualified to be a law enforcement or tribal law enforcement officer. The program shall include 400 hours of training, except the program for law enforcement officers who serve as rangers for the department of natural resources includes 240 hours of training. The board shall promulgate a rule under ch. 227 providing a specific curriculum for a 400-hour conventional program and a 240-hour ranger program. The rule shall ensure that there is an adequate amount of training for each program to enable the person to deal effectively with domestic abuse incidents, including training that addresses the emotional and psychological effect that domestic abuse has on victims. The training under this subdivision shall include training on emergency detention standards and procedures under s. 51.15, emergency protective placement standards and procedures under s. 55.06 (11) and information on mental health and developmental disabilities agencies and other resources that may be available to assist the officer in interpreting the emergency detention and emergency protective placement standards, making emergency detentions and emergency protective placements and locating appropriate facilities for the emergency detentions and emergency protective placements of persons. The training under this subdivision shall include at least one hour of instruction on recognizing the symptoms of Alzheimer's disease or other related dementias and interacting with and assisting persons who have Alzheimer's disease or other related dementias. The training under this subdivision shall include training on police pursuit standards, guidelines and driving techniques established under par. (cm) 2. b. The period of temporary or probationary employment established at the time of initial employment shall not be extended by more than one year for an officer lacking the training qualifications required by the board. The total period during which a person may serve as a law enforcement and tribal law enforcement officer on a temporary or probationary basis without completing a preparatory program of law enforcement training approved by the board shall not exceed 2 years, except that the board shall permit part-time law enforcement and tribal law enforcement officers to serve on a temporary or probationary basis without completing a program of law enforcement training approved by the board to a period not exceeding 3 years. For purposes of this section, a part-time law enforcement or tribal law enforcement officer is a law enforcement or tribal law enforcement officer who routinely works not more than one-half the normal annual work hours of a full-time employee of the employing agency or unit of government. Law enforcement training programs including municipal, county and state programs meeting standards of the board are acceptable as meeting these training requirements.

AB1-ASA1, s. 340 Section 340. 165.85 (4) (b) 1d. of the statutes is created to read:

AB1-ASA1,175,11 165.85 (4) (b) 1d. Any training program developed under subd. 1. shall include all of the following:

AB1-ASA1,175,14 a. An adequate amount of training to enable the person being trained to deal effectively with domestic abuse incidents, including training that addresses the emotional and psychological effect that domestic abuse has on victims.

AB1-ASA1,175,21 b. Training on emergency detention standards and procedures under s. 51.15, emergency protective placement standards and procedures under s. 55.06 (11), and information on mental health and developmental disabilities agencies and other resources that may be available to assist the officer in interpreting the emergency detention and emergency protective placement standards, making emergency detentions and emergency protective placements, and locating appropriate facilities for the emergency detentions and emergency protective placements of persons.

AB1-ASA1,175,24 c. At least one hour of instruction on recognizing the symptoms of Alzheimer's disease or other related dementias and interacting with and assisting persons who have Alzheimer's disease or other related dementias.

AB1-ASA1,176,2 d. Training on police pursuit standards, guidelines, and driving techniques established under par. (cm) 2. b.

AB1-ASA1,176,3 e. Training on responding to an act of terrorism, as defined in s. 146.50 (1) (ag).

AB1-ASA1, s. 341 Section 341. 166.20 (11) (b) of the statutes is amended to read:

AB1-ASA1,176,8 166.20 (11) (b) Any person who knowingly and wilfully fails to report the release of a hazardous substance covered under 42 USC 11004 as required under sub. (5) (a) 2. or any rule promulgated under sub. (5) (a) 2. shall is subject to the following penalties:

AB1-ASA1,176,12 1. For the first offense, the person is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not less than $100 nor more than $25,000 or imprisoned for not more than 3 years or both.

AB1-ASA1,176,16 2. For the 2nd and subsequent offenses, the person is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not less than $200 nor more than $50,000 or imprisoned for not more than 3 years or both.

AB1-ASA1, s. 342 Section 342. 167.10 (9) (g) of the statutes is amended to read:

AB1-ASA1,176,20 167.10 (9) (g) Whoever violates sub. (6m) (a), (b) or (c) or a rule promulgated under sub. (6m) (e) may be fined not more than $10,000 or imprisoned for not more than 15 years or both is guilty of a Class G felony.

AB1-ASA1, s. 343 Section 343. 175.20 (3) of the statutes is amended to read:

AB1-ASA1,177,2 175.20 (3) Any person who violates any of the provisions of this section shall may be fined not less than $25 nor more than $1,000 and $10,000 or may be imprisoned for not less than 30 days nor more than 2 years 9 months or both. In addition, the court may revoke the license or licenses of the person or persons convicted.

AB1-ASA1, s. 344 Section 344. 180.0129 (2) of the statutes is amended to read:

AB1-ASA1,177,5 180.0129 (2) Whoever violates this section may be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.