AB75: Bill Text

AB75,1307,25 HEALTH CARE DECISIONS FOR PREGNANT WOMEN

AB75,1308,4 If I have checked "Yes" to the following, my health care agent may make health care decisions for me even if my agent knows I am pregnant. If I have checked "No" to the following, my health care agent may not make health care decisions for me if my health care agent knows I am pregnant.

AB75,1308,5 Health care decision if I am pregnant — Yes.... No....

AB75,1308,8 If I have not checked either "Yes" or "No" immediately above, my health care agent may not make health care decisions for me if my health care agent knows I am pregnant.

AB75,1308,10 STATEMENT OF DESIRES, SPECIAL PROVISIONS OR LIMITATIONS

AB75,1308,14 In exercising authority under this document, my health care agent shall act consistently with my following stated desires, if any, and is subject to any special provisions or limitations that I specify. The following are specific desires, provisions or limitations that I wish to state (add more items if needed):

AB75,1308,15 1) -

AB75,1308,16 2) -

AB75,1308,17 3) -

AB75,1308,20 INSPECTION AND DISCLOSURE OF INFORMATION RELATING TO MY PHYSICAL OR MENTAL HEALTH

AB75,1308,22 Subject to any limitations in this document, my health care agent has the authority to do all of the following:

AB75,1308,24 (a) Request, review and receive any information, oral or written, regarding my physical or mental health, including medical and hospital records.

AB75,1309,2 (b) Execute on my behalf any documents that may be required in order to obtain this information.

AB75,1309,3 (c) Consent to the disclosure of this information.

AB75,1309,4 (The principal and the witnesses all must sign the document at the same time.)

AB75,1309,5 SIGNATURE OF PRINCIPAL

AB75,1309,6 (person creating the power of attorney for health care)

AB75,1309,7 Signature....  Date....

AB75,1309,9 (The signing of this document by the principal revokes all previous powers of attorney for health care documents.)

AB75,1309,10 STATEMENT OF WITNESSES

AB75,1309,21 I know the principal personally and I believe him or her to be of sound mind and at least 18 years of age. I believe that his or her execution of this power of attorney for health care is voluntary. I am at least 18 years of age, am not related to the principal by blood, marriage, or adoption, am not the domestic partner under ch. 770 of the principal, and am not directly financially responsible for the principal's health care. I am not a health care provider who is serving the principal at this time, an employee of the health care provider, other than a chaplain or a social worker, or an employee, other than a chaplain or a social worker, of an inpatient health care facility in which the declarant is a patient. I am not the principal's health care agent. To the best of my knowledge, I am not entitled to and do not have a claim on the principal's estate.

AB75,1309,22 Witness No. 1:

AB75,1309,23 (print) Name.... Date....

AB75,1309,24 Address....

AB75,1309,25 Signature....

AB75,1310,1 Witness No. 2:

AB75,1310,2 (print) Name.... Date....

AB75,1310,3 Address....

AB75,1310,4 Signature....

AB75,1310,6 STATEMENT OF HEALTH CARE AGENT AND ALTERNATE HEALTH CARE AGENT

AB75,1310,10 I understand that.... (name of principal) has designated me to be his or her health care agent or alternate health care agent if he or she is ever found to have incapacity and unable to make health care decisions himself or herself. .... (name of principal) has discussed his or her desires regarding health care decisions with me.

AB75,1310,11 Agent's signature....

AB75,1310,12 Address....

AB75,1310,13 Alternate's signature....

AB75,1310,14 Address....

AB75,1310,17 Failure to execute a power of attorney for health care document under chapter 155 of the Wisconsin Statutes creates no presumption about the intent of any individual with regard to his or her health care decisions.

AB75,1310,19 This power of attorney for health care is executed as provided in chapter 155 of the Wisconsin Statutes.

AB75,1310,20 ANATOMICAL GIFTS (optional)

AB75,1310,21 Upon my death:

AB75,1310,23 .... I wish to donate only the following organs or parts: .... (specify the organs or parts).

AB75,1310,24 .... I wish to donate any needed organ or part.

AB75,1310,25 .... I wish to donate my body for anatomical study if needed.

AB75,1311,3 .... I refuse to make an anatomical gift. (If this revokes a prior commitment that I have made to make an anatomical gift to a designated donee, I will attempt to notify the donee to which or to whom I agreed to donate.)

AB75,1311,5 Failing to check any of the lines immediately above creates no presumption about my desire to make or refuse to make an anatomical gift.

AB75,1311,6 Signature....     Date....

AB75, s. 2441 Section 2441. 155.40 (2) of the statutes is amended to read:

AB75,1311,12 155.40 (2) If the health care agent is the principal's spouse or domestic partner under ch. 770 and, subsequent to the execution of a power of attorney for health care instrument, the marriage is annulled or divorce from the spouse is obtained or the domestic partnership under ch. 770 is terminated, the power of attorney for health care is revoked and the power of attorney for health care instrument is invalid.

AB75, s. 2442 Section 2442. 157.05 of the statutes is amended to read:

AB75,1311,20 157.05 Autopsy. Consent for a licensed physician to conduct an autopsy on the body of a deceased person shall be deemed sufficient when given by whichever one of the following assumes custody of the body for purposes of burial: Father, mother, husband, wife, child, guardian, next of kin, domestic partner under ch. 770, or in the absence of any of the foregoing, a friend, or a person charged by law with the responsibility for burial. If 2 or more such persons assume custody of the body, the consent of one of them shall be deemed sufficient.

AB75, s. 2443 Section 2443. 157.06 (9) (a) 2. of the statutes is amended to read:

AB75,1311,22 157.06 (9) (a) 2. The spouse or domestic partner under ch. 770 of the individual.

AB75, s. 2444 Section 2444. 165.25 (4) (ar) of the statutes is amended to read:

AB75,1312,4 165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 91.68, 93.73, 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.195, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50, and 100.51, and 100.55, and chs. 126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.

AB75, s. 2445 Section 2445. 165.60 of the statutes is amended to read:

AB75,1312,12 165.60 Law enforcement. The department of justice is authorized to enforce ss. 101.123 (2), (5), (2m), and (8), 944.30, 944.31, 944.33, 944.34, 945.02 (2), 945.03 (1m), and 945.04 (1m) and ch. 108 and is invested with the powers conferred by law upon sheriffs and municipal police officers in the performance of those duties. This section does not deprive or relieve sheriffs, constables, and other local police officers of the power and duty to enforce those sections, and those officers shall likewise enforce those sections.

AB75, s. 2446 Section 2446. 165.755 (1) (a) of the statutes is amended to read:

AB75,1312,17 165.755 (1) (a) Except as provided in par. (b), a court shall impose under ch. 814 a crime laboratories and drug law enforcement surcharge of $8 $13 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.

AB75, s. 2447 Section 2447. 165.755 (1) (b) of the statutes is amended to read:

AB75,1313,2 165.755 (1) (b) A court may not impose the crime laboratories and drug law enforcement surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (b) or (2m), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).

AB75, s. 2448 Section 2448. 165.82 (1) (a) and (ag) of the statutes are consolidated, renumbered 165.82 (1) (a) and amended to read:

AB75,1313,7 165.82 (1) (a) For each record check, except a fingerprint card record check, requested by a nonprofit organization, $2. (ag) For each record check, except a fingerprint card record check, requested or by a governmental agency, $5 $7.

AB75, s. 2449 Section 2449. 165.842 of the statutes is created to read:

AB75,1313,10 165.842 Motor vehicle stops; collection and analysis of information; annual report. (1) Definitions. In this section:

AB75,1313,11 (a) "Department" means the department of justice.

AB75,1313,12 (b) "Law enforcement agency" has the meaning given in s. 165.77 (1) (b).

AB75,1313,17 (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.

AB75,1313,22 (d) "Motor vehicle stop" means a stop or detention of a motor vehicle that is traveling in, or the detention of an occupied motor vehicle that is already stopped in, any public or private place in a county having a population of 125,000 or more, for the purpose of investigating any alleged or suspected violation of a state or federal law or city, village, town, or county ordinance.

AB75,1314,2 (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, 2011, by a law enforcement officer employed by the law enforcement agency:

AB75,1314,6 (a) The name, address, gender, and race of the operator of the motor vehicle. If information regarding the operator's race is not available to the officer through an electronic database or other similar source, the officer shall subjectively select the operator's race from the following list:

AB75,1314,7 1. Caucasian.

AB75,1314,8 2. African American.

AB75,1314,9 3. Hispanic.

AB75,1314,10 4. American Indian or Alaska Native.

AB75,1314,11 5. Asian or Pacific Islander.

AB75,1314,12 (b) The reason that the officer stopped or detained the motor vehicle.

AB75,1314,13 (c) The make and year of the motor vehicle.

AB75,1314,14 (d) The date, time, and location of the motor vehicle stop.

AB75,1314,17 (e) Whether or not a law enforcement officer conducted a search of the motor vehicle, the operator, or any passenger and, if so, whether the search was with consent or by other means.

AB75,1314,21 (f) The name, address, gender, and race of any person searched, with the officer obtaining information regarding the person' race from any available electronic database or other similar source if possible or, if not possible, by subjectively selecting the person's race from the list under par. (a).

AB75,1314,22 (g) The name and badge number of the officer making the motor vehicle stop.

AB75,1315,2 (3) Submission of information collected. The person in charge of a law enforcement agency shall submit 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).

AB75,1315,8 (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 each law enforcement agency submitting information under sub. (3) and as an aggregated total for all law enforcement agencies submitting information under sub. (3), all of the following:

AB75,1315,18 1. Whether the number of motor vehicle stops and searches involving motor vehicles operated or occupied by members of a racial minority compared to the number of motor vehicle stops and searches involving motor vehicles operated or occupied solely by persons who are not members of a racial minority is disproportionate based on an estimate of the population and characteristics of persons traveling on highways in the counties for which information is submitted under sub. (3), on an estimate of the populations and characteristics of persons traveling on highways in the counties for which information is submitted under sub. (3) who are violating a law or ordinance, or on some other relevant population estimate.

AB75,1315,21 2. A determination as to whether any disproportion found under subd. 1. is the result of racial profiling, racial stereotyping, or other race-based discrimination or selective enforcement.

AB75,1316,3 (b) For each year, the department shall prepare an annual report that summarizes the information submitted to it under sub. (3) concerning motor vehicle stops made during the year and that describes the methods and conclusions of its analysis of the information. On or before March 31, 2012, 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.

AB75,1316,11 (5) Rules. 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 submitting the information obtained to the department. The department shall make the form prescribed by its rules available to law enforcement agencies. 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 make the determinations required under sub. (4) (a).

AB75,1316,13 (6) Access to records. Information collected under sub. (2) is not subject to inspection or copying under s. 19.35 (1).

AB75, s. 2450 Section 2450. 165.85 (4) (b) 1d. f. of the statutes is created to read: