AB40,1896 22Section 1896. 134.73 (1) (c) of the statutes is amended to read:
AB40,859,2323 134.73 (1) (c) "Solicit" has the meaning given in s. 440.41 202.11 (8).
AB40,1897 24Section 1897. 139.30 (7) of the statutes is amended to read:
AB40,860,7
1139.30 (7) "Manufacturer" means any person who manufactures cigarettes for
2the purpose of sale, including the authorized agent of a person who manufactures
3cigarettes for the purpose of sale. "Manufacturer" includes a person who owns an
4automated roll-your-own machine that is used to make cigarettes, but does not
5include an individual who owns a roll-your-own machine and uses the machine in
6his or her home solely to make cigarettes for his or her personal use or for the use of
7other individuals who live in his or her home.
AB40,1898 8Section 1898. 146.45 of the statutes is repealed.
AB40,1899 9Section 1899. 146.63 of the statutes is created to read:
AB40,860,11 10146.63 Grants to establish graduate medical training programs. (1)
11Definition. In this section, "hospital" has the meaning given under s. 50.33 (2).
AB40,860,18 12(2) Departmental duties. (a) Subject to subs. (4) and (5), the department shall
13distribute grants from the appropriation under s. 20.435 (1) (fj) to assist hospitals
14and groups of hospitals in procuring infrastructure and increasing case volume to the
15extent necessary to develop accredited graduate medical training programs. The
16department shall distribute the grants under this paragraph to hospitals and groups
17of hospitals that apply to receive a grant under sub. (3) and that satisfy the criteria
18established by the department under par. (b).
AB40,860,2019 (b) The department shall establish criteria for approving and distributing
20grants under par. (a) and criteria for approving plans under sub. (3).
AB40,861,2 21(3) Grant application. A hospital or group of hospitals may apply, in the form
22and manner determined by the department, to receive a grant under sub. (2) (a). The
23hospital or group of hospitals shall include in the application a plan to use the funds
24to procure infrastructure or increase case volume to the extent necessary to develop

1an accredited graduate medical training program at the hospital or group of
2hospitals and a plan to satisfy the matching requirement under sub. (4).
AB40,861,5 3(4) Matching funds. The department may not distribute a grant under sub.
4(2) (a) unless the hospital or group of hospitals offers to provide matching funds in
5an amount determined by the department.
AB40,861,7 6(5) Term of grants. The department may not distribute a grant under sub. (2)
7(a) to a hospital or group of hospitals for a term that is more than 3 years.
AB40,1900 8Section 1900. 146.64 of the statutes is created to read:
AB40,861,10 9146.64 Grants to support graduate medical training programs. (1)
10Definition. In this section, "hospital" has the meaning given under s. 50.33 (2).
AB40,861,16 11(2) Departmental duties. (a) Subject to par. (c) and sub. (4), the department
12shall distribute grants to assist hospitals with maintaining accredited graduate
13medical training programs. The department shall distribute the grants under this
14paragraph to hospitals that apply to receive a grant under sub. (3) and that satisfy
15the criteria established by the department under par. (b) and the eligibility
16requirement under sub. (4).
AB40,861,1817 (b) The department shall establish criteria for approving and distributing
18grants under par. (a).
AB40,861,2219 (c) 1. The department shall distribute funds for grants under par. (a) from the
20appropriation under s. 20.435 (4) (b). The department may not distribute more than
21$50,000 from the appropriation under s. 20.435 (4) (b) to a particular hospital in a
22given state fiscal year.
AB40,861,2523 2. If the department receives matching federal medical assistance funds, the
24department shall distribute those funds for grants under par. (a) in addition to any
25funds distributed under subd. 1.
AB40,862,3
1(d) The department shall seek federal medical assistance funds to match the
2grants distributed under par. (a). If the department receives those funds, the
3department shall distribute them as provided in par. (c) 2.
AB40,862,5 4(3) Grant application. A hospital may apply, in the form and manner
5determined by the department, to receive a grant under sub. (2) (a).
AB40,862,8 6(4) Eligibility. A hospital that has an accredited graduate medical training
7program in any of the following specialties may apply to receive a grant under sub.
8(3):
AB40,862,99 (a) Family medicine.
AB40,862,1010 (b) Pediatrics.
AB40,862,1111 (c) Psychiatry.
AB40,862,1212 (d) General surgery.
AB40,862,1313 (e) Internal medicine.
AB40,1901 14Section 1901. 153.05 (2r) (intro.) of the statutes is amended to read:
AB40,862,2315 153.05 (2r) (intro.) Notwithstanding s. 16.75 (1), (2), and (3m), from the
16appropriation account under s. 20.515 (1) (ut) the department of employee trust
17funds may expend up to $150,000, and from the appropriation accounts under s.
1820.435 (1) (fn), (hg), and (hi) the department of health services, in its capacity as a
19public health authority, may expend moneys, to contract with a data organization to
20perform services under this subchapter that are specified for the data organization
21under sub. (1) (c) or, if s. 153.455 (4) applies, for the department of health services
22to perform or contract for the performance of these services. As a condition of the
23contract under this subsection, all of the following apply:
AB40,1902 24Section 1902. 153.05 (2r) (d) to (h) of the statutes are created to read:
AB40,863,4
1153.05 (2r) (d) The data organization shall provide an Internet site that offers
2health care provider cost and quality data and reports to consumers in a manner that
3is comprehensive and transparent and that uses language that is understandable to
4laypersons.
AB40,863,65 (e) The data organization shall conduct statewide consumer information
6campaigns to improve health literacy.
AB40,863,97 (f) The data organization shall provide a review and reconsideration software
8solution to allow health care providers to validate their cost and quality data prior
9to publication on the Internet site described in par. (d).
AB40,863,1210 (g) The data organization shall conduct other functions in support of the
11responsibilities under sub. (1) (c) as specified in the contract by the department of
12health services and the department of employee trust funds.
AB40,863,1513 (h) The data organization shall fulfill the requirements under this subsection
14according to timelines established by the department of health services and the
15department of employee trust funds.
AB40,1903 16Section 1903. 157.055 (2) (intro.) of the statutes is amended to read:
AB40,863,2017 157.055 (2) (intro.) Notwithstanding ss. 69.18 (4), 445.04 (2), 445.14, 979.01 (3),
18(3m), and (4), 979.02, and 979.10, and subch. VII VIII of ch. 440, during a period of
19a state of emergency related to public health declared by the governor under s.
20323.10, a public health authority may do all of the following:
AB40,1904 21Section 1904. 165.055 (3) of the statutes is created to read:
AB40,863,2522 165.055 (3) The attorney general may appoint, in the unclassified service, a
23solicitor general and no more than 3 deputy solicitors general, each of whom shall be
24an attorney at law licensed to practice in this state. The attorney general may assign
25assistant attorneys general to assist the solicitor general.
AB40,1905
1Section 1905. 165.75 (2) of the statutes is amended to read:
AB40,864,52 165.75 (2) The laboratories shall be located in the cities of Madison, Milwaukee
3and Wausau.
The personnel of the laboratories shall consist of such employees as are
4authorized under s. 20.922. The laboratory in the city of Milwaukee is named the
5William J. McCauley crime laboratory.
AB40,1906 6Section 1906. 165.76 (1) (am) of the statutes is created to read:
AB40,864,97 165.76 (1) (am) Is or was adjudicated delinquent for an act that if committed
8by an adult in this state would be a felony or for a violation of s. 940.225 (3m), 941.20
9(1), 944.20, 944.30, 944.31, 944.33 (1), 946.52, or 948.10 (1) (b).
AB40,1907 10Section 1907. 165.76 (1) (as) of the statutes is created to read:
AB40,864,1211 165.76 (1) (as) Is or was found guilty of any misdemeanor on or after the
12effective date of this paragraph .... [LRB inserts date].
AB40,1908 13Section 1908. 165.76 (1) (av) of the statutes is renumbered 165.76 (1) (av)
14(intro.) and amended to read:
AB40,864,1615 165.76 (1) (av) (intro.) Is or was found guilty on or after January 1, 2000, of any
16of the following:
AB40,864,17 171. Any felony or any.
AB40,864,19 182. Before the effective date of this subdivision .... [LRB inserts date], any
19violation of s. 165.765 (1), 2011 stats., 940.225 (3m), 944.20, or 948.10 (1) (b).
AB40,1909 20Section 1909. 165.76 (1) (aw) of the statutes is created to read:
AB40,864,2321 165.76 (1) (aw) Is or was found guilty on or after January 1, 2000, and before
22the effective date of this paragraph .... [LRB inserts date], of any violation of s.
23940.225 (3m), 944.20, or 948.10.
AB40,1910 24Section 1910. 165.76 (1) (b) of the statutes is renumbered 165.76 (1) (bm).
AB40,1911 25Section 1911. 165.76 (1) (bg) of the statutes is created to read:
AB40,865,2
1165.76 (1) (bg) Is or was sentenced or placed on probation on or after August
212, 1993, for a violation of s. 940.225, 948.02 (1) or (2), or 948.025.
AB40,1912 3Section 1912. 165.76 (1) (br) of the statutes is amended to read:
AB40,865,74 165.76 (1) (br) Has been found not guilty or not responsible by reason of mental
5disease or defect on or after January 1, 2000, and committed under s. 51.20 or 971.17,
6for any felony or a violation of s. 165.765 (1), 2011 stats., or of s. 940.225 (3m), 944.20,
7946.52, or 948.10 (1) (b).
AB40,1913 8Section 1913. 165.76 (1) (cr) of the statutes is amended to read:
AB40,865,119 165.76 (1) (cr) Is or was in institutional care on or after January 1, 2000, for
10a felony or any violation of s. 165.765 (1), 2011 stats., or of s. 940.225 (3m), 944.20,
11946.52, or 948.10 (1) (b).
AB40,1914 12Section 1914. 165.76 (1) (g) of the statutes is amended to read:
AB40,865,1613 165.76 (1) (g) Has been required by a court under s. 51.20 (13) (cr), 165.84 (7),
14938.21 (1m), 938.30 (2m),
938.34 (15m) (15), 970.02 (8), 971.17 (1m) (a), 973.047, or
15980.063 to provide a biological specimen to the state crime laboratories for
16deoxyribonucleic acid analysis.
AB40,1915 17Section 1915. 165.76 (1m) of the statutes is amended to read:
AB40,866,218 165.76 (1m) If a person is required to provide a biological specimen under sub.
19(1) (a) to (g) and the department of justice does not have the data obtained from
20analysis of a biological specimen from the person that the department is required to
21maintain in the data bank under s. 165.77 (3), the department may require the
22person to provide a biological specimen, regardless of whether the person previously
23provided a biological specimen under this section or s. 51.20 (13) (cr), 165.84 (7),
24938.21 (1m), 938.30 (2m),
938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or
25980.063. The department of justice, the department of corrections, a district

1attorney, or a county sheriff, shall notify any person whom the department of justice
2requires to provide a biological specimen under this subsection.
AB40,1916 3Section 1916. 165.76 (2m) of the statutes is repealed.
AB40,1917 4Section 1917. 165.76 (2r) of the statutes is amended to read:
AB40,866,95 165.76 (2r) Failure by a person who is required to provide a biological specimen
6under sub. (1) to provide the biological specimen at the time and place provided under
7sub. (2m)
in accordance with the rules promulgated under sub. (4) does not relieve
8the person of the obligation to provide a biological specimen to the state crime
9laboratories for deoxyribonucleic acid analysis.
AB40,1918 10Section 1918. 165.76 (3) of the statutes is repealed.
AB40,1919 11Section 1919. 165.76 (4) of the statutes is renumbered 165.76 (4) (intro.) and
12amended to read:
AB40,866,1413 165.76 (4) (intro.) The department of justice may shall promulgate rules to
14implement
do all of the following:
AB40,866,15 15(e) Carry out the department's duties under this section.
AB40,1920 16Section 1920. 165.76 (4) (a), (b), (c) and (d) of the statutes are created to read:
AB40,866,2017 165.76 (4) (a) Establish procedures and time limits for obtaining and
18submitting biological specimens under this section and ss. 51.20 (13) (cr), 165.84 (7),
19938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, and
20980.063.
AB40,867,221 (b) Specify whether an individual who is required under this section or s. 51.20
22(13) (cr), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a),
23973.047, or 980.063 to provide a biological specimen for deoxyribonucleic acid
24analysis must provide a new biological specimen if the crime laboratories already
25have a biological specimen from the individual or if data obtained from

1deoxyribonucleic acid analysis of the individual's biological specimen are already
2included in the data bank under s. 165.77 (3).
AB40,867,73 (c) Allow a biological specimen, or data obtained from analysis of a biological
4specimen, obtained under this section or s. 51.20 (13) (cr), 165.84 (7), 938.21 (1m),
5938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 980.063 to be
6submitted for inclusion in an index established under 42 USC 14132 (a) or in another
7national index system.
AB40,867,128 (d) Provide reimbursement from s. 20.455 (2) (Lm) to a person in charge of a
9law enforcement agency or tribal law enforcement agency at a rate of $10 per
10specimen except that, if the department already has a biological specimen, or data
11obtained from analysis of a biological specimen, from the individual, the department
12may not reimburse the person in charge of the agency.
AB40,1921 13Section 1921. 165.765 (title) of the statutes is amended to read:
AB40,867,14 14165.765 (title) Biological specimen; penalty force and immunity.
AB40,1922 15Section 1922. 165.765 (1) of the statutes is renumbered 946.52 and amended
16to read:
AB40,867,21 17946.52 Failure to submit biological specimen. Whoever intentionally fails
18to comply with a requirement to submit a biological specimen under s. 165.76, 165.84
19(7), 938.21 (1m), 938.30 (2m),
938.34 (15), 970.02 (8), 973.047, or 980.063 may be
20fined not more than $10,000 or imprisoned for not more than 9 months or both
is
21guilty of a Class A misdemeanor
.
AB40,1923 22Section 1923. 165.765 (1g) and (1m) of the statutes are created to read:
AB40,867,2323 165.765 (1g) In this section:
AB40,867,2424 (a) "Correctional officer" has the meaning given in s. 301.28 (1).
AB40,867,2525 (b) "Jail officer" has the meaning given in s. 165.85 (2) (bn).
AB40,868,1
1(c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
AB40,868,22 (d) "Tribal officer" has the meaning given in s. 165.85 (2) (g).
AB40,868,8 3(1m) A law enforcement officer; a jail officer; a tribal officer; a correctional
4officer; a probation, extended supervision, or parole officer; or an employee of the
5department of health services may use reasonable force to obtain a biological
6specimen from a person who intentionally refuses to provide a biological specimen
7that is required under s. 165.76 (1), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15),
8or 970.02 (8).
AB40,1924 9Section 1924. 165.765 (2) (a) of the statutes is renumbered 165.765 (2) (a) 1.
10and amended to read:
AB40,868,1611 165.765 (2) (a) 1. Any physician, registered nurse, medical technologist,
12physician assistant, or person acting under the direction of a physician who obtains
13a biological specimen under s. 51.20 (13) (cr), 165.76, 165.84 (7), 938.21 (1m), 938.30
14(2m),
938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 980.063 is immune from any
15civil or criminal liability for the act, except for civil liability for negligence in the
16performance of the act.
AB40,1925 17Section 1925. 165.765 (2) (b) of the statutes is renumbered 165.765 (2) (a) 2.
18and amended to read:
AB40,868,2319 165.765 (2) (a) 2. Any employer of the physician, nurse, technologist, assistant,
20or person under par. (a) subd. 1. or any hospital where blood is withdrawn by that
21physician, nurse, technologist, assistant, or person has the same immunity from
22liability under par. (a)
is immune from any civil or criminal liability for the act, except
23for civil liability for negligence in the performance of the act
.
AB40,1926 24Section 1926. 165.765 (2) (bm) of the statutes is created to read:
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