Amendment AA1-ASA1-SB55

SB55-ASA1-AA1, s. 3456x Section 3456x. 350.01 (3) of the statutes is amended to read:

SB55-ASA1-AA1,1249,20 350.01 (3) "Department" means the department of natural resources fish, wildlife, parks, and forestry.".

SB55-ASA1-AA1,1249,21 1691. Page 1135, line 7: after that line insert:

SB55-ASA1-AA1,1249,22 " Section 3459m. 350.025 of the statutes is created to read:

SB55-ASA1-AA1,1250,3 350.025 Snowmobile speed limit rules. The department may not promulgate any rule, or enforce any department rule, that establishes a snowmobile speed limit.".

SB55-ASA1-AA1,1250,4 1692. Page 1139, line 19: after that line insert:

SB55-ASA1-AA1,1250,6 " Section 3478b. 350.12 (3h) (g) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,1250,9 350.12 (3h) (g) Receipt of fees. All fees remitted to or collected by the department under par. (ar) shall be credited to the appropriation account under s. 20.370 (9) (hu) (1) (hw).".

SB55-ASA1-AA1,1250,10 1693. Page 1140, line 4: after that line insert:

SB55-ASA1-AA1,1250,11 " Section 3481b. 350.12 (4) (a) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1250,14 350.12 (4) (a) Enforcement, administration and related costs. (intro.) The moneys appropriated from s. 20.370 (3) (ak) and, (aq), (tu), and (tw) and (5) (es) and (9) (mu) and (mw) may be used for the following:

SB55-ASA1-AA1,1250,15 " Section 3481s. 350.12 (4) (a) 3m. of the statutes is amended to read:

SB55-ASA1-AA1,1250,17 350.12 (4) (a) 3m. The cost of state law enforcement efforts as appropriated under s. 20.370 (3) (1) (ak) and (aq); and

SB55-ASA1-AA1, s. 3482n Section 3482n. 350.12 (4) (am) of the statutes is amended to read:

SB55-ASA1-AA1,1250,22 350.12 (4) (am) Enforcement aids to department. Of the amounts appropriated under s. 20.370 (3) (1) (ak) and (aq), the department shall allocate $26,000 in each fiscal year to be used exclusively for the purchase of snowmobiles or trailers to carry snowmobiles, or both, to be used in state law enforcement efforts.".

SB55-ASA1-AA1,1250,23 1694. Page 1141, line 4: after that line insert:

SB55-ASA1-AA1,1250,24 " Section 3485e. 350.12 (4) (c) 1. of the statutes is amended to read:

SB55-ASA1-AA1,1251,3 350.12 (4) (c) 1. Any moneys appropriated under s. 20.370 (1) (aq), (mq), or (tw) (3) (aq) or (9) (mw) that lapse shall revert to the snowmobile account in the conservation fund.

SB55-ASA1-AA1, s. 3485f Section 3485f. 350.12 (4) (c) 2. of the statutes is amended to read:

SB55-ASA1-AA1,1251,10 350.12 (4) (c) 2. If any moneys appropriated under s. 20.370 (9) (mu) (1) (tu) lapse, a portion of those moneys shall revert to the snowmobile account in the conservation fund. The department shall calculate that portion by multiplying the total amount lapsing from the appropriation by the same percentage the department used for the fiscal year to determine the amount to be expended under the appropriation for snowmobile registration.".

SB55-ASA1-AA1,1251,11 1695. Page 1143, line 2: after that line insert:

SB55-ASA1-AA1,1251,12 " Section 3491c. 350.13 of the statutes is amended to read:

SB55-ASA1-AA1,1251,20 350.13 Uniform trail signs and standards. The department of natural resources fish, wildlife, parks, and forestry in cooperation with the department of transportation, after public hearing, shall promulgate rules to establish uniform trail and route signs and standards relating to operation thereon as authorized by law. The authority in charge of the maintenance of the highway may place signs on highways under its jurisdiction where authorized snowmobile trails cross. These signs must be of a type approved by the department of natural resources fish, wildlife, parks, and forestry and the department of transportation.

SB55-ASA1-AA1, s. 3491e Section 3491e. 350.14 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1252,2 350.14 (1) The snowmobile recreational council shall carry out studies and make recommendations to the legislature, governor, department of natural resources fish, wildlife, parks, and forestry and department of transportation on all matters related to this chapter or otherwise affecting snowmobiles and snowmobiling.

SB55-ASA1-AA1, s. 3491h Section 3491h. 350.145 (3) (a) 2. of the statutes is amended to read:

SB55-ASA1-AA1,1252,7 350.145 (3) (a) 2. A member of the snowmobile recreational council may submit before August 1 of the even-numbered year his or her written comments on the proposed changes specified in subd. 1. to the secretary of natural resources fish, wildlife, parks, and forestry.

SB55-ASA1-AA1, s. 3491j Section 3491j. 350.145 (3) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1252,13 350.145 (3) (b) The secretary of natural resources fish, wildlife, parks, and forestry shall submit any written comments that the secretary receives under par. (a) 2. to the natural resources fish, wildlife, parks, and forestry board and to the secretary of administration with the department's submission of its budget report under s. 16.42.

SB55-ASA1-AA1, s. 3491k Section 3491k. 350.145 (3) (c) of the statutes is amended to read:

SB55-ASA1-AA1,1252,20 350.145 (3) (c) Before March 1 of each odd-numbered year, the snowmobile recreational council shall meet and review the provisions that are included in the executive bill or bills and that affect snowmobiles and snowmobiling. A member of the snowmobile recreational council may submit his or her written comments on these provisions to the secretary of natural resources fish, wildlife, parks, and forestry before March 10 of each odd-numbered year.".

SB55-ASA1-AA1,1252,21 1696. Page 1143, line 6: after that line insert:

SB55-ASA1-AA1,1252,22 " Section 3492f. 409.104 (12m) of the statutes is created to read:

SB55-ASA1-AA1,1252,24 409.104 (12m) To a transfer of an interest under a rent-to-own agreement under subch. XI of ch. 218; or

SB55-ASA1-AA1, s. 3492r Section 3492r. 421.202 (7m) of the statutes is created to read:

SB55-ASA1-AA1,1253,2 421.202 (7m) A rent-to-own agreement under subch. XI of ch. 218;".

SB55-ASA1-AA1,1253,3 1697. Page 1145, line 15: after that line insert:

SB55-ASA1-AA1,1253,4 " Section 3504s. 440.05 (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1253,7 440.05 Standard fees. (intro.) The following standard fees apply to all initial credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 442.06, 444.03, 444.05, 444.11, 447.04 (1) (c) 1. a. and (2) (c) 2., 449.17, 449.18 and 459.46:".

SB55-ASA1-AA1,1253,8 1698. Page 1145, line 15: after that line insert:

SB55-ASA1-AA1,1253,9 " Section 3504w. 440.05 (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1253,12 440.05 Standard fees. (intro.) The following standard fees apply to all initial credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 442.06, 444.03, 444.05, 444.11, 447.04 (2) (c) 2., 449.17, 449.18 and 459.46:".

SB55-ASA1-AA1,1253,13 1699. Page 1146, line 15: after that line insert:

SB55-ASA1-AA1,1253,14 " Section 3508m. 440.08 (2) (a) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1253,17 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04, 442.06, 444.03, 444.05, 444.11, 448.065, 447.04 (2) (c) 2., 449.17, 449.18 and 459.46, the renewal dates and renewal fees for credentials are as follows:".

SB55-ASA1-AA1,1253,18 1700. Page 1146, line 19: delete lines 19 to 21 and substitute:

SB55-ASA1-AA1,1253,19 " Section 3510m. 440.08 (2) (a) 2. of the statutes is repealed.".

SB55-ASA1-AA1,1253,20 1701. Page 1147, line 15: after that line insert:

SB55-ASA1-AA1,1253,21 " Section 3517m. 440.08 (2) (a) 10. of the statutes is created to read:

SB55-ASA1-AA1,1253,23 440.08 (2) (a) 10. Alcohol and drug counselor: July 1 of each odd-numbered year; $53.".

SB55-ASA1-AA1,1253,24 1702. Page 1149, line 8: after that line insert:

SB55-ASA1-AA1,1254,1 " Section 3532m. 440.08 (2) (a) 26m. of the statutes is created to read:

SB55-ASA1-AA1,1254,3 440.08 (2) (a) 26m. Dentist, faculty member: October 1 of each odd-numbered year; $131.".

SB55-ASA1-AA1,1254,4 1703. Page 1156, line 6: after that line insert:

SB55-ASA1-AA1,1254,6 " Section 3605m. Subchapter XII of chapter 440 [precedes 440.99] of the statutes is created to read:

SB55-ASA1-AA1,1254,7 Chapter 440

SB55-ASA1-AA1,1254,9 Subchapter XII certification of alcohol

SB55-ASA1-AA1,1254,10 and drug counselors

SB55-ASA1-AA1,1254,11 440.99 Definitions. In this subchapter:

SB55-ASA1-AA1,1254,13 (1) "Alcohol and drug counselor" means a person who engages in alcohol and drug counseling for compensation.

SB55-ASA1-AA1,1254,15 (2) "Alcohol and drug counseling" means counseling for the assessment, treatment, or prevention of alcohol, drug, or other substance addiction or abuse.

SB55-ASA1-AA1,1254,20 440.991 Applicability. This subchapter does not apply to a person holding a license, permit, registration, or certification granted by this state or the federal government who does not use any title or description that implies that he or she is certified under this subchapter or represent himself or herself to be certified under this subchapter.

SB55-ASA1-AA1,1255,5 440.992 Use of title. No person may use the title "alcohol counselor," "drug counselor," "alcohol and drug counselor," "substance abuse counselor," "chemical dependency counselor," "alcohol and other drug abuse counselor," "certified alcohol counselor," "certified drug counselor," "certified alcohol and drug counselor," "certified substance abuse counselor," "certified chemical dependency counselor," or "certified alcohol and other drug abuse counselor," or use any title or description that implies that he or she is certified under this subchapter, or represent himself or herself to be certified under this subchapter unless the person has been certified as an alcohol and drug counselor under this subchapter.

SB55-ASA1-AA1,1255,8 440.993 Duties and powers of department. (1) In consultation with the department of health and family services, the department shall promulgate rules that do all of the following:

SB55-ASA1-AA1,1255,16 (a) Establish the education, training, competency, or examination requirements that a person must satisfy to be certified as an alcohol and drug counselor under this subchapter. The rules shall require the department to waive some or all of the requirements for certification that would otherwise apply for a person who, before the first day of the 25th month beginning after the effective date of this paragraph .... [revisor inserts date], applies for certification and shows, to the satisfaction of the department, that he or she was employed in a position in which a substantial portion of his or her duties consisted of alcohol and drug counseling.

SB55-ASA1-AA1,1255,20 (b) Establish a code of ethics to govern the professional conduct of persons certified under this subchapter. Rules promulgated under this paragraph may specify the services that a person certified under this subchapter is qualified to perform and the degree of supervision, if any, required to perform those services.

SB55-ASA1-AA1,1255,22 (2) In consultation with the department of health and family services, the department may promulgate rules that do all of the following:

SB55-ASA1-AA1,1256,2 (a) Establish different levels of certification, specify the educational, training, competency, or examination requirements for certification at the different levels, and specify the services that persons certified at the different levels are qualified to perform and the degree of supervision, if any, required to perform those services.

SB55-ASA1-AA1,1256,4 (b) Establish continuing education requirements that a person must satisfy to renew a certification that is granted under this subchapter.

SB55-ASA1-AA1,1256,7 440.994 Certification requirements. The department shall grant a certification as an alcohol and drug counselor to a person who does all of the following:

SB55-ASA1-AA1,1256,9 (1) Submits an application to the department on a form provided by the department.

SB55-ASA1-AA1,1256,10 (2) Pays the fee specified in s. 440.05 (1).

SB55-ASA1-AA1,1256,12 (3) Submits evidence satisfactory to the department that he or she satisfies the requirements established in rules promulgated under s. 440.993 (1) (a) or (2) (a).

SB55-ASA1-AA1,1256,19 440.995 Reciprocal certification. Upon application and payment of the fee specified in s. 440.05 (2), the department may grant certification as an alcohol and drug counselor to a person who has been granted a similar license, registration, or certificate by another state or territory of the United States or another country if the department determines that the requirements for granting the license, registration, or certificate are substantially equivalent to the requirements under this subchapter.

SB55-ASA1-AA1,1257,2 440.996 Renewal of certification. The renewal dates for certifications granted under this subchapter are specified in s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee specified in s. 440.08 (2) (a) and, if the department has established continuing education requirements in rules promulgated rules under s. 440.993 (2) (b), evidence satisfactory to the department that the applicant has completed the requirements.

SB55-ASA1-AA1,1257,6 440.997 Disciplinary proceedings and actions. (1) Subject to the rules promulgated under s. 440.03 (1), the department may make investigations and conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.

SB55-ASA1-AA1,1257,10 (2) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a person certified under this subchapter, or may deny, limit, suspend, or revoke a certification, if an applicant or person certified under this subchapter has done any of the following:

SB55-ASA1-AA1,1257,12 (a) Made a material misstatement in an application for certification or for renewal of a certification.

SB55-ASA1-AA1,1257,15 (b) Been adjudicated mentally incompetent by a court of competent jurisdiction, a certified copy of the record of adjudication of incompetency to be conclusive evidence of such incompetency.

SB55-ASA1-AA1,1257,16 (c) Advertised in a manner that is false, deceptive, or misleading.

SB55-ASA1-AA1,1257,18 (d) Advertised, practiced, or attempted to engage in alcohol and drug counseling under another's name.

SB55-ASA1-AA1,1257,20 (e) Subject to ss. 111.321, 111.322, and 111.34, engaged in alcohol and drug counseling while impaired by alcohol or other drugs.

SB55-ASA1-AA1,1257,23 (f) Engaged in conduct while engaged in alcohol and drug counseling that jeopardizes the health, safety, or welfare of a patient or client or which evidences a lack of knowledge or ability to apply professional principles or skills.

SB55-ASA1-AA1,1257,24 (g) Violated this subchapter or any rule promulgated under this subchapter.

SB55-ASA1-AA1,1258,2 (h) Aided another person in violating this subchapter or any rule promulgated under this subchapter.

SB55-ASA1-AA1,1258,7 440.998 Injunctive relief. If the department has reason to believe that any person is violating this subchapter or any rule promulgated under this subchapter, the department, the attorney general, or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of this state to enjoin the person from the violation.

SB55-ASA1-AA1,1258,12 440.999 Penalties. (1) Any person who violates this subchapter or any rule promulgated under this subchapter may be required to forfeit not more than $5,000 for the first offense and may be required to forfeit not more than $10,000 for the 2nd or any subsequent offense within a year. Each day of continued violation constitutes a separate offense.

SB55-ASA1-AA1,1258,15 (2) Any person who intentionally violates this subchapter or any rule promulgated under this subchapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB55-ASA1-AA1, s. 3608g Section 3608g. 457.02 (1) of the statutes is amended to read: