Amendment SA2-SSA1-SB55

SB55-SSA1-SA2,466,12 165.07 Assistant attorney general — public intervenor. (1) The attorney general shall designate an assistant attorney general on the attorney general's staff as public intervenor. The head of each agency responsible for proceedings under chs. 30, 31, 281 to 285, and 289 to 299, except s. 281.48, shall give notice of those proceedings to the public intervenor, to the administrators of divisions primarily assigned the departmental functions under chs. 29, 281, 285, and 289 to 299, except s. 281.48, and to the natural areas preservation council.

SB55-SSA1-SA2,466,20 (2) The public intervenor shall formally intervene in proceedings described in sub. (1) when requested to do so by an administrator of a division primarily assigned the departmental functions under chs. 29, 281, 285, or 289 to 299, except s. 281.48. The public intervenor may, on the public intervenor's own initiative or upon request of any committee of the legislature, formally intervene in proceedings described in sub. (1) whenever that intervention is needed for the protection of public rights in water and other natural resources, as provided in chs. 30 and 31 and defined by the supreme court.

SB55-SSA1-SA2,467,8 (3) Personnel of the department of natural resources shall, upon the request of the public intervenor, make such investigations, studies, and reports as the public intervenor may request in connection with proceedings described in sub. (1), either before or after formal intervention. Personnel of state agencies shall, at the public intervenor's request, provide information, serve as witnesses in proceedings described in sub. (1), and otherwise cooperate in the carrying out of the public intervenor's intervention functions. The public intervenor shall formally intervene by filing a statement to that effect with the examiner or other person immediately in charge of the proceeding. Upon that filing, the public intervenor shall be considered a party in interest with full power to present evidence, subpoena and cross-examine witnesses, submit proof, file briefs, or do any other acts appropriate for a party to the proceedings.

SB55-SSA1-SA2,467,14 (4) The public intervenor may appeal from administrative rulings to the courts. In all administrative proceedings and judicial review proceedings, the public intervenor shall be identified as "public intervenor." This section does not preclude or prevent any division of the department of natural resources, or any other department or independent agency, from appearing by its staff as a party in any proceedings.

SB55-SSA1-SA2, s. 2854f Section 2854f. 165.075 of the statutes is created to read:

SB55-SSA1-SA2,467,20 165.075 Assistant attorney general; public intervenor; authority. In carrying out his or her duty to protect public rights in water and other natural resources, the public intervenor has the authority to initiate actions and proceedings before any agency or court in order to raise issues, including issues concerning constitutionality, present evidence and testimony, and make arguments.

SB55-SSA1-SA2, s. 2854g Section 2854g. 165.076 of the statutes is created to read:

SB55-SSA1-SA2,468,8 165.076 Assistant attorney general; public intervenor; advisory committee. The attorney general shall appoint a public intervenor advisory committee under s. 15.04 (1) (c). The public intervenor advisory committee shall consist of not less than 7 nor more than 9 members. The members shall have backgrounds in or demonstrated experience or records relating to environmental protection or natural resource conservation. At least one of the members shall have working knowledge in business. At least one of the members shall have working knowledge in agriculture. The public intervenor advisory committee shall advise the public intervenor consistent with his or her duty to protect public rights in water and other natural resources. The public intervenor advisory committee shall conduct meetings consistent with subch. V of ch. 19 and shall permit public participation and public comment on public intervenor activities.".

SB55-SSA1-SA2,468,9 1132. Page 958, line 25: after that line insert:

SB55-SSA1-SA2,468,10 " Section 2854g. 165.065 (2) of the statutes is amended to read:

SB55-SSA1-SA2,468,18 165.065 (2) The assistant attorney general in charge of antitrust investigations and prosecutions is to cooperate actively with the antitrust division of the U.S. department of justice in everything that concerns monopolistic practices in Wisconsin, and also to cooperate actively with the department of agriculture, trade and consumer protection in the work which this agency is carrying on under s. 100.20 of the marketing law with regard to monopolistic practices in the field of agriculture and with the federal trade commission on matters arising in or affecting Wisconsin which pertain to its jurisdiction.".

SB55-SSA1-SA2,468,19 1133. Page 959, line 8: delete lines 8 to 14 and substitute:

SB55-SSA1-SA2,468,20 " Section 2855b. 165.25 (4) (ar) of the statutes is amended to read:

SB55-SSA1-SA2,469,4 165.25 (4) (ar) The department of justice shall furnish all legal services required by represent the department of agriculture, trade and consumer protection in any court action relating to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.50 and 100.51 and chs. 136, 344, 704, 707 and 779 100.01 to 100.03, 100.05 to 100.07, 100.14, 100.183 to 100.19, 100.201, 100.22, 100.235, 100.27, 100.285 to 100.297, 100.33 to 100.36, 100.45, 100.47, and 100.48, together with any other services as are necessarily connected to the legal services.".

SB55-SSA1-SA2,469,5 1134. Page 959, line 24: after that line insert:

SB55-SSA1-SA2,469,6 " Section 2856g. 165.25 (11) of the statutes is created to read:

SB55-SSA1-SA2,469,11 165.25 (11) Consumer protection administration and enforcement. Administer and enforce ss. 100.15 to 100.182, 100.20, 100.205, 100.207 to 100.2095, 100.28, 100.31, 100.37 to 100.44, 100.46, and 100.50 and chs. 136, 344, 704, 707 and 779. The department may issue general or special orders in administering and enforcing these provisions.".

SB55-SSA1-SA2,469,12 1135. Page 960, line 10: after that line insert:

SB55-SSA1-SA2,469,13 " Section 2858i. 165.85 (2) (a) of the statutes is renumbered 165.85 (2) (ah).

SB55-SSA1-SA2, s. 2858k Section 2858k. 165.85 (2) (ac) of the statutes is created to read:

SB55-SSA1-SA2,469,15 165.85 (2) (ac) "Alzheimer's disease" has the meaning given in s. 46.87 (1) (a).

SB55-SSA1-SA2, s. 2858n Section 2858n. 165.85 (4) (b) 1. of the statutes is amended to read:

SB55-SSA1-SA2,471,5 165.85 (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. 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.

SB55-SSA1-SA2, s. 2858p Section 2858p. 165.85 (4) (bn) 1m. of the statutes is amended to read:

SB55-SSA1-SA2,471,13 165.85 (4) (bn) 1m. Each officer who is subject to subd. 1. shall biennially complete at least 4 hours of training from curricula based upon model standards promulgated by the board under par. (cm) 2. b. and at least one hour of training 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. Hours of training completed under this subdivision shall count toward the hours of training required under subd. 1.

SB55-SSA1-SA2, s. 2861p Section 2861p. 165.986 of the statutes is created to read:

SB55-SSA1-SA2,471,16 165.986 Publicity for Alzheimer's disease registration program. (1) In this section, "Alzheimer's disease" has the meaning given in s. 46.87 (1) (a).

SB55-SSA1-SA2,471,23 (2) From the appropriation under s. 20.455 (2) (f), the department of justice shall engage in activities to publicize the existence of a program administered by a nongovernmental entity that registers persons with Alzheimer's disease or other related dementias in a national database and provides the persons identification products in order to facilitate the safe return to caregivers of persons who have Alzheimer's disease or other related dementias and who have become lost or have wandered.".

SB55-SSA1-SA2,471,24 1136. Page 960, line 10: after that line insert:

SB55-SSA1-SA2,472,1 " Section 2858q. 165.842 of the statutes is created to read:

SB55-SSA1-SA2,472,3 165.842 Motor vehicle contacts; collection and analysis of information; annual report. (1) Definitions. In this section:

SB55-SSA1-SA2,472,4 (a) "Department" means the department of justice.

SB55-SSA1-SA2,472,5 (b) "Law enforcement agency" has the meaning given in s. 165.77 (1) (b).

SB55-SSA1-SA2,472,10 (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 that the person is employed to enforce, whether that enforcement authority extends to all laws or ordinances or is limited to specific laws or ordinances.

SB55-SSA1-SA2,472,11 (d) "Motor vehicle contact" means any of the following:

SB55-SSA1-SA2,472,13 1. The provision of assistance to the operator of or the passengers in a motor vehicle that is already stopped in any public or private place.

SB55-SSA1-SA2,472,15 2. Contact with an operator of or passengers in a motor vehicle involved in an traffic accident.

SB55-SSA1-SA2,472,19 3. The stop or detention 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.

SB55-SSA1-SA2,472,23 (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 contact made on or after January 1, 2002, by a law enforcement officer employed by the law enforcement agency:

SB55-SSA1-SA2,472,24 (a) The reason for the motor vehicle contact.

SB55-SSA1-SA2,472,25 (b) The age, gender, and race or ethnicity of the operator of the motor vehicle.

SB55-SSA1-SA2,473,1 (c) The number of persons in the motor vehicle.

SB55-SSA1-SA2,473,3 (d) Whether a search was conducted of the motor vehicle, its operator, or any passenger, and for each search conducted all of the following information:

SB55-SSA1-SA2,473,7 1. Whether the search was based on probable cause or reasonable suspicion to believe that an offense had been, was being, or was about to be committed, or whether the search was based on the consent of the person searched or, for a motor vehicle search, on the consent of the operator or other authorized person.

SB55-SSA1-SA2,473,9 2. If the search was of a passenger, the age, gender, and race or ethnicity of the passenger.

SB55-SSA1-SA2,473,10 3. What, if anything, was seized as a result of the search.

SB55-SSA1-SA2,473,12 (e) Whether any person who was asked to consent to a search of the motor vehicle or of his or her person refused to consent.

SB55-SSA1-SA2,473,17 (f) Whether the motor vehicle contact or a search conducted during the contact resulted in the operator or any passenger being given a written or verbal 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.

SB55-SSA1-SA2,473,20 (g) Whether the motor vehicle contact or a search conducted during the contact resulted in the arrest of the operator or any passenger and, if so, a listing of each arrest made and the reason for the arrest.

SB55-SSA1-SA2,473,22 (h) The location of the motor vehicle contact, including the street address, if any.

SB55-SSA1-SA2,473,23 (i) The date, time, and duration of the motor vehicle contact.

SB55-SSA1-SA2,474,3 (3) Submission of information collected. The person in charge of a law enforcement agency shall forward the information obtained under sub. (2) 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).

SB55-SSA1-SA2,474,7 (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, both for the state as a whole and for each law enforcement agency, all of the following:

SB55-SSA1-SA2,474,16 1. Whether the number of motor vehicle contacts and searches conducted during such contacts involving motor vehicles operated or occupied by members of a racial or ethnic minority compared to the number of motor vehicle contacts and searches conducted during such contacts involving motor vehicles operated or occupied solely by persons who are not members of a racial or ethnic minority is disproportionate based on an estimate of the population and characteristics of all persons traveling on state highways, on an estimate of the populations and characteristics of persons traveling on state highways who are violating a law or ordinance, or on some other relevant population estimate.

SB55-SSA1-SA2,474,19 2. A determination as to whether any disproportion found under subd. 1. is the result of racial or ethnic profiling, racial or ethnic stereotyping, or other race-based or ethnicity-based discrimination or selective enforcement.

SB55-SSA1-SA2,475,2 (b) For each year, the department shall prepare an annual report that summarizes the information submitted to it by law enforcement agencies concerning motor vehicle contacts made during the year and that describes the methods and conclusions of its analysis of the information. On or before March 31, 2003, 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.

SB55-SSA1-SA2,475,7 (c) On or before March 31, 2003, and on or before each March 31 thereafter, the department shall forward a copy to the department of transportation of the compilation under par. (a) of information submitted to the department of justice by law enforcement agencies under sub. (3) concerning motor vehicle contact made during the previous year.

SB55-SSA1-SA2,475,13 (5) Rules. The department shall promulgate rules to implement the requirements of this section, including rules specifying the type of assistance constituting a motor vehicle contact under sub. (1) (d) 1., 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.

SB55-SSA1-SA2, s. 2858s Section 2858s. 165.85 (4) (b) 1. of the statutes is amended to read:

SB55-SSA1-SA2,477,4 165.85 (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. 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 training designed to prevent the use of race or ethnicity, racial or ethnic profiling, racial or ethnic stereotyping, or other race-based or ethnicity-based discrimination or selection as a basis for detaining, searching, or arresting a person or for otherwise treating a person differently from persons of other races or ethnic backgrounds. 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.".

SB55-SSA1-SA2,477,5 1137. Page 960, line 10: after that line insert:

SB55-SSA1-SA2,477,6 " Section 2861p. 165.935 of the statutes is created to read:

SB55-SSA1-SA2,477,8 165.935 Treatment and prevention of childhood sexual abuse; grants. (1) Definitions. In this section:

SB55-SSA1-SA2,477,9 (a) "Department" means the department of justice.

SB55-SSA1-SA2,477,13 (b) "Sexual abuse" means a violation of s. 940.225, 944.30, 948.02, 948.025, 948.05, 948.055, 948.06, 948.09, or 948.10 or a violation of the law of any other state or federal law if that violation would be a violation of s. 940.225, 944.30, 948.02, 948.025, 948.05, 948.055, 948.06, 948.09, or 948.10 if committed in this state.

SB55-SSA1-SA2,477,15 (c) "Victim of childhood sexual abuse" means an individual who has been sexually abused and who, at the time that the sexual abuse occurred, was a minor.

SB55-SSA1-SA2,477,20 (2) Grants. (a) The department shall administer a childhood sexual abuse treatment and prevention grant program. Subject to par. (c), from the appropriation under s. 20.455 (5) (kv), the department shall award grants to nonprofit organizations and public agencies to provide services to victims of childhood sexual abuse and for the prevention of childhood sexual abuse.

SB55-SSA1-SA2,477,22 (b) The department shall establish eligibility criteria to be used in deciding whether to award a grant under this section.

SB55-SSA1-SA2,478,2 (c) No grant may be awarded under this section unless the department first certifies that the grant will be used for services and programs that may be funded with moneys received under the federal temporary assistance for needy families block grant program under 42 USC 601 to 619.".

SB55-SSA1-SA2,478,3 1138. Page 960, line 10: after that line insert:

SB55-SSA1-SA2,478,4 " Section 2858c. 165.77 (2) (a) 2. of the statutes is amended to read:

SB55-SSA1-SA2,478,15 165.77 (2) (a) 2. The laboratories may compare the data obtained from the specimen with data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney or subject of the data. The data may be used in criminal and delinquency actions and proceedings. In this state, the use is subject to s. 972.11 (5). The laboratories shall not include data obtained from deoxyribonucleic acid analysis of those specimens received under this paragraph in the data bank under sub. (3). The laboratories shall destroy specimens obtained under this paragraph after analysis has been completed and the applicable court proceedings have concluded.

SB55-SSA1-SA2, s. 2858e Section 2858e. 165.77 (2m) of the statutes is created to read:

SB55-SSA1-SA2,478,20 165.77 (2m) (a) If the laboratories receive biological material under a court order issued under s. 974.07 (8), the laboratories shall analyze the deoxyribonucleic acid in the material and submit the results of the analysis to the court that ordered the analysis.

SB55-SSA1-SA2,479,4 (b) The laboratories may compare the data obtained from material received under par. (a) with data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney, or subject of the data. The data may be used in criminal and delinquency actions and proceedings. The laboratories shall not include data obtained from deoxyribonucleic acid analysis of material received under par. (a) in the data bank under sub. (3).

SB55-SSA1-SA2,479,6 (c) Paragraph (b) does not apply to specimens received under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047, or 980.063.

SB55-SSA1-SA2, s. 2858g Section 2858g. 165.77 (3) of the statutes is amended to read:

SB55-SSA1-SA2,479,20 165.77 (3) If the laboratories receive a human biological specimen under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047 or 980.063, the laboratories shall analyze the deoxyribonucleic acid in the specimen. The laboratories shall maintain a data bank based on data obtained from deoxyribonucleic acid analysis of those specimens. The laboratories may compare the data obtained from one specimen with the data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney or subject of the data. The data may be used in criminal and delinquency actions and proceedings. In this state, the use is subject to s. 972.11 (5). The laboratories shall destroy specimens obtained under this subsection after analysis has been completed and the applicable court proceedings have concluded.

SB55-SSA1-SA2, s. 2858i Section 2858i. 165.81 (1) of the statutes is amended to read:

SB55-SSA1-SA2,480,7 165.81 (1) Whenever the department is informed by the submitting officer or agency that physical evidence in the possession of the laboratories is no longer needed the department may, except as provided in sub. (3) or unless otherwise provided by law, either destroy the same, retain it in the laboratories or turn it over to the University of Wisconsin upon the request of the head of any department. Whenever Except as provided in sub. (3), whenever the department receives information from which it appears probable that the evidence is no longer needed, the department may give written notice to the submitting agency and the appropriate district attorney, by registered mail, of the intention to dispose of the evidence. If no objection is received within 20 days after the notice was mailed, it may dispose of the evidence.

SB55-SSA1-SA2, s. 2858k Section 2858k. 165.81 (3) of the statutes is created to read:

SB55-SSA1-SA2,480,9 165.81 (3) (a) In this subsection:

SB55-SSA1-SA2,480,10 1. "Custody" has the meaning given in s. 968.205 (1) (a).

SB55-SSA1-SA2,480,11 2. "Discharge date" has the meaning given in s. 968.205 (1) (b).

SB55-SSA1-SA2,480,17 (b) Except as provided in par. (c), if physical evidence that is in the possession of the laboratories includes any biological material that was collected in connection with a criminal investigation that resulted in a criminal conviction, a delinquency adjudication, or commitment under s. 971.17 or 980.06, the laboratories shall preserve the physical evidence until every person in custody as a result of the conviction, adjudication, or commitment has reached his or her discharge date.

SB55-SSA1-SA2,480,19 (c) Subject to par. (e), the department may destroy biological material before the expiration of the time period specified in par. (b) if all of the following apply:

SB55-SSA1-SA2,480,23 1. The department sends a notice of its intent to destroy the biological material to all persons who remain in custody as a result of the criminal conviction, delinquency adjudication, or commitment, and to either the attorney of record for each person in custody or the state public defender.

SB55-SSA1-SA2,480,25 2. No person who is notified under subd. 1. does either of the following within 90 days after the date on which the person received the notice:

SB55-SSA1-SA2,481,1 a. Files a motion for testing of the biological material under s. 974.07 (2).