Amendment SA2-SSA1-SB55

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).

SB55-SSA1-SA2,481,3 b. Submits a written request to preserve the biological material to the department.

SB55-SSA1-SA2,481,5 3. No other provision of federal or state law requires the department to preserve the biological material.

SB55-SSA1-SA2,481,10 (d) A notice provided under par. (c) 1. shall clearly inform the recipient that the biological material will be destroyed unless, within 90 days after the date on which the person receives the notice, either a motion for testing of the material is filed under s. 974.07 (2) or a written request to preserve the material is submitted to the department.

SB55-SSA1-SA2,481,16 (e) If, after providing notice under par. (c) 1. of its intent to destroy biological material, the department receives a written request to preserve the material, the department shall preserve the material until the discharge date of the person who made the request or on whose behalf the request was made, subject to a court order issued under s. 974.07 (7), (9) (a), or (10) (a) 5., unless the court authorizes destruction of the biological material under s. 974.07 (9) (b) or (10) (a) 5.".

SB55-SSA1-SA2,481,17 1139. Page 965, line 5: after that line insert:

SB55-SSA1-SA2,481,18 " Section 2881ae. 167.10 (2) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,481,20 167.10 (2) Sale. (intro.) No person may sell or possess with intent to sell fireworks, except to any of the following:

SB55-SSA1-SA2,481,21 (a) To a A person holding a permit under sub. (3) (c);.

SB55-SSA1-SA2,481,22 (b) To a A city, village, or town; or.

SB55-SSA1-SA2,481,23 (c) For A person for a purpose specified under sub. (3) (b) 2. to 6.

SB55-SSA1-SA2, s. 2881af Section 2881af. 167.10 (2) (d) of the statutes is created to read:

SB55-SSA1-SA2,482,2 167.10 (2) (d) A nonresident person who, prior to the sale, gives the seller a signed statement indicating that the fireworks are for use outside of this state.

SB55-SSA1-SA2, s. 2881ag Section 2881ag. 167.10 (3) (title) of the statutes is repealed and recreated to read:

SB55-SSA1-SA2,482,5 167.10 (3) (title) Possession and use.

SB55-SSA1-SA2, s. 2881ah Section 2881ah. 167.10 (3) (a) of the statutes is amended to read:

SB55-SSA1-SA2,482,15 167.10 (3) (a) No Except as otherwise provided in this paragraph, no person may possess or use fireworks without a user's permit from the mayor of the city, president of the village, or chairperson of the town in which the possession or use is to occur or from an official or employee of that municipality designated by the mayor, president, or chairperson. This paragraph does not prohibit the possession of fireworks with intent to sell the fireworks in compliance with sub. (2). No person may use fireworks or a device listed under sub. (1) (e) to (g) or (i) to (n) while attending a fireworks display for which a permit has been issued to a person listed under par. (c) 1. to 5. or under par. (c) 6. if the display is open to the general public.

SB55-SSA1-SA2, s. 2881aj Section 2881aj. 167.10 (3) (b) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,482,18 167.10 (3) (b) (intro.) Paragraph (a) does The prohibitions under par. (a) do not apply to:

SB55-SSA1-SA2, s. 2881ak Section 2881ak. 167.10 (3) (b) 8. of the statutes is created to read:

SB55-SSA1-SA2,482,23 167.10 (3) (b) 8. Except as provided in par. (bm), the possession of fireworks by a nonresident person in any city, town, or village if the nonresident person intends to use the fireworks outside of this state and is transporting the fireworks to a location outside of this state.

SB55-SSA1-SA2, s. 2881am Section 2881am. 167.10 (3) (bm) of the statutes is amended to read:

SB55-SSA1-SA2,483,4 167.10 (3) (bm) Paragraph (a) applies to a person transporting fireworks under par. (b) 7. or 8. if, in the course of transporting the fireworks through a city, town, or village, the person remains in that city, town, or village for a period of at least 12 hours.

SB55-SSA1-SA2, s. 2881an Section 2881an. 167.10 (4) of the statutes is amended to read:

SB55-SSA1-SA2,483,12 167.10 (4) Out-of-state and in-state shipping. Shipping and transporting. This section does not prohibit a resident wholesaler or jobber from selling fireworks to a nonresident person outside of this state or to a person or group granted a permit under sub. (3) (c) 1. to 7. A resident wholesaler or resident jobber that ships the fireworks sold under this subsection shall package and ship the fireworks in accordance with applicable state and federal law by, as defined in s. 194.01 (1), (2), and (11), common motor carrier, contract motor carrier, or private motor carrier.

SB55-SSA1-SA2, s. 2881ap Section 2881ap. 167.10 (8) (b) of the statutes is amended to read:

SB55-SSA1-SA2,483,22 167.10 (8) (b) Fireworks stored, handled, sold, possessed, or used by a person who violates this section, an ordinance adopted under sub. (5) sub. (6m) (a), (b), or (c); a rule promulgated under sub. (6m) (e); or a court order under par. (a) may be seized and held as evidence of the violation. Except as provided in s. 968.20 (4), only the fireworks that are the subject of a violation of this section, an ordinance adopted under sub. (5), or a court order under par. (a) may be destroyed after conviction for a violation. Except as provided in s. 968.20 (4), fireworks that are seized as evidence of a violation for which no conviction results shall be returned to the owner in the same condition as they were when seized to the extent practicable.".

SB55-SSA1-SA2,483,24 1140. Page 965, line 5: delete the material beginning with that line and ending with page 972, line 7.

SB55-SSA1-SA2,484,1 1141. Page 972, line 7: after that line insert:

SB55-SSA1-SA2,484,2 " Section 2882c. 175.35 (2i) of the statutes is amended to read:

SB55-SSA1-SA2,484,8 175.35 (2i) The department shall charge a firearms dealer an $8 a $17 fee for each firearms restrictions record search that the firearms dealer requests under sub. (2) (c). The firearms dealer may collect the fee from the transferee. The department may refuse to conduct firearms restrictions record searches for any firearms dealer who fails to pay any fee under this subsection within 30 days after billing by the department.".

SB55-SSA1-SA2,484,9 1142. Page 985, line 20: after that line insert:

SB55-SSA1-SA2,484,10 " Section 2936p. 185.981 (4t) of the statutes is amended to read:

SB55-SSA1-SA2,484,14 185.981 (4t) A sickness care plan operated by a cooperative association is subject to ss. 252.14, 631.17, 631.89, 631.95, 632.72 (2), 632.745 to 632.749, 632.85, 632.853, 632.855, 632.87 (2m), (3), (4), and (5), 632.895 (10) to (14) (15), and 632.897 (10) and chs. 149 and 155.

SB55-SSA1-SA2, s. 2936t Section 2936t. 185.983 (1) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,484,22 185.983 (1) (intro.) Every such voluntary nonprofit sickness care plan shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.67, 619.04, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.745 to 632.749, 632.775, 632.79, 632.795, 632.85, 632.853, 632.855, 632.87 (2m), (3), (4), and (5), 632.895 (5) and (9) to (14) (15), 632.896 , and 632.897 (10) and chs. 609, 630, 635, 645, and 646, but the sponsoring association shall:".

SB55-SSA1-SA2,484,23 1143. Page 989, line 6: after that line insert:

SB55-SSA1-SA2,484,24 " Section 2981m. 196.208 (5p) of the statutes is created to read:

SB55-SSA1-SA2,485,1 196.208 (5p) Toll-free calls answered by prisoners. (a) In this subsection:

SB55-SSA1-SA2,485,2 1. "Charitable organization" has the meaning given in s. 440.41 (1).

SB55-SSA1-SA2,485,3 2. "Prisoner" has the meaning given in s. 134.73 (1) (b).

SB55-SSA1-SA2,485,7 (b) If a prisoner is employed directly or indirectly by a charitable organization or toll-free service vendor to answer calls made to the charitable organization or toll-free service vendor, the prisoner shall do all of the following immediately upon answering a call:

SB55-SSA1-SA2,485,8 1. Identify himself or herself by name.

SB55-SSA1-SA2,485,9 2. State that he or she is a prisoner.

SB55-SSA1-SA2,485,11 3. Inform the calling party of the name of the correctional or detention facility in which he or she is a prisoner and the city and state in which the facility is located.

SB55-SSA1-SA2,485,14 (c) A charitable organization or toll-free service vendor that directly or indirectly employs a prisoner shall provide reasonable supervision of the prisoner to assure the prisoner's compliance with par. (b).

SB55-SSA1-SA2, s. 2981p Section 2981p. 196.208 (10) (a) of the statutes is amended to read:

SB55-SSA1-SA2,485,20 196.208 (10) (a) Subsections (2) to (5) apply to any pay-per-call service that a caller may access by a call originating in this state and sub. subs. (5p) and (5t) applies apply to any charitable organization, toll-free service vendor, or employee of a charitable organization or toll-free service vendor that a caller may access by a call originating in this state.

SB55-SSA1-SA2, s. 2981r Section 2981r. 196.208 (11) (d) of the statutes is renumbered 196.208 (11) (d) 1. and amended to read:

SB55-SSA1-SA2,485,25 196.208 (11) (d) 1. Any Except as provided in subd. 2., any person who violates subs. (2) to (9) shall be required to forfeit not less than $25 nor more than $5,000 for each offense.

SB55-SSA1-SA2,486,3 3. Forfeitures under this paragraph subds. 1. and 2. shall be enforced by action on behalf of the state by the department of justice or, upon informing the department of justice, by the district attorney of the county where the violation occurs.

SB55-SSA1-SA2, s. 2981s Section 2981s. 196.208 (11) (d) 2. of the statutes is created to read:

SB55-SSA1-SA2,486,6 196.208 (11) (d) 2. a. A prisoner who violates sub. (5p) (b) may be required to forfeit not more than $500.

SB55-SSA1-SA2,486,11 b. A person who employs a prisoner to answer calls made to a toll-free telephone number may be required to forfeit not more than $10,000 if the person violates sub. (5p) (c), aids and abets a prisoner's violation of sub. (5p) (b), is a party to a conspiracy with a prisoner to commit a violation of sub. (5p) (b), or advises, hires, or counsels or otherwise procures a prisoner to commit a violation of sub. (5p) (b).".

SB55-SSA1-SA2,486,12 1144. Page 989, line 13: delete lines 13 to 17.

SB55-SSA1-SA2,486,13 1145. Page 1002, line 17: delete lines 17 to 20.

SB55-SSA1-SA2,486,14 1146. Page 1003, line 6: after that line insert:

SB55-SSA1-SA2,486,15 " Section 3020h. 200.49 (1) (a) of the statutes is amended to read:

SB55-SSA1-SA2,486,20 200.49 (1) (a) "Minority business" means a sole proprietorship, partnership, limited liability company, joint venture or corporation that is at least 51% owned and controlled by one or more minority group members and that is engaged in construction or construction-related activities business that is certified by the department of commerce under s. 560.036 (2).

SB55-SSA1-SA2, s. 3020i Section 3020i. 200.49 (3) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,487,2 200.49 (3) Request for proposals. (intro.) The executive director shall request proposals for prime contracts from bondable general contractors or construction contractors that are bona fide independent minority businesses. Each proposal submitted shall include all of the following conditions:

SB55-SSA1-SA2, s. 3020j Section 3020j. 200.49 (3) (b) of the statutes is amended to read:

SB55-SSA1-SA2,487,7 200.49 (3) (b) A subcontracting plan that provides sufficient detail to enable the executive director to determine that the prime contractor has made or will make a good faith effort to award at least 20% of the total contract amount to bona fide independent minority business subcontractors.

SB55-SSA1-SA2, s. 3020k Section 3020k. 200.49 (4) of the statutes is repealed.".

SB55-SSA1-SA2,487,10 1147. Page 1003, line 6: delete "20.505 (4) (is) 20.530 (1) (ir)" and substitute "20.505 (4) (is)".

SB55-SSA1-SA2,487,11 1148. Page 1003, line 7: delete lines 7 to 9.

SB55-SSA1-SA2,487,12 1149. Page 1003, line 12: after that line insert:

SB55-SSA1-SA2,487,13 " Section 3036e. 229.64 (2) of the statutes is amended to read:

SB55-SSA1-SA2,487,19 229.64 (2) The legislature determines that a district including a county with a population of more than 500,000 600,000 serves a public purpose in that county and all counties that are contiguous to that county by providing recreation, by encouraging economic development and tourism, by reducing unemployment and by bringing needed capital into the multicounty area for the benefit of people in the multicounty area.

SB55-SSA1-SA2, s. 3036g Section 3036g. 229.67 of the statutes is amended to read:

SB55-SSA1-SA2,488,4 229.67 Jurisdiction. A district's jurisdiction is any county with a population of more than 500,000 600,000 and all counties that are contiguous to that county and that are not already included in a different district. Once created, a district's jurisdiction is fixed even if the population of other counties within the district subsequently exceed 500,000 exceeds 600,000. Once a county is included in a district's jurisdiction the county remains in the district until the district is dissolved under s. 229.71. In this section, "contiguous" includes a county that touches another county only at a corner.".

SB55-SSA1-SA2,488,5 1150. Page 1003, line 12: after that line insert:

SB55-SSA1-SA2,488,6 " Section 3037h. 229.46 (1) (a) of the statutes is amended to read:

SB55-SSA1-SA2,488,9 229.46 (1) (a) "Minority business" has the meaning given in s. 200.49 (1) (a) means a business that is certified by the department of commerce under s. 560.036 (2).".

SB55-SSA1-SA2,488,10 1151. Page 1003, line 12: after that line insert:

SB55-SSA1-SA2,488,11 " Section 3037ea. 229.41 (6) of the statutes is amended to read:

SB55-SSA1-SA2,488,19 229.41 (6) "Exposition center" means one or more related structures, including fixtures and equipment, owned, operated, or leased by a district and used primarily for conventions, expositions, trade shows, musical or dramatic events , or other events involving educational, cultural, or commercial activities, and not primarily for recreational or sporting activities, except that with regard to an exposition center whose board is described under s. 229.42 (10), "exposition center" may include fixtures and equipment, owned, operated, or leased by a district and used primarily for recreational or sporting activities.

SB55-SSA1-SA2, s. 2037ec Section 2037ec. 229.42 (4) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,488,23 229.42 (4) (intro.) If Except as provided in sub. (10), if the sole sponsoring municipality is a 1st class city, the board of directors shall consist of 15 members, who shall be qualified and appointed, subject to sub. (7) (b), as follows: