2015 Wisconsin Act 55

4. The total amount each managed care organization under subd. 3. paid to ambulatory surgical centers.

5. The total amount of Medical Assistance payment increases made in connection with the implementation of the assessment paid to eligible ambulatory surgical centers on a fee-for-service basis under the assessment under this section.

(b) Upon request of the department of health services, the department of revenue shall provide to the department of health services any information in the possession of the department of revenue that is necessary for the department of health services to complete the report under par. (a).

55,3484 Section 3484. 153.60 (intro.) and (1) of the statutes are consolidated, renumbered 153.60 and amended to read:

153.60 Assessments to fund operations of department Department expenditure estimate . Subject to s. 153.455: (1) The , the department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures under this subchapter for the department for that fiscal year for data collection, database development and maintenance, generation of data files and standard reports, orientation and training provided under s. 153.05 (9) (a) and contracting with the data organization under s. 153.05 (2r). The department shall assess the estimated total amount for that fiscal year, less the estimated total amount to be received for purposes of administration of this subchapter under s. 20.435 (1) (hi) during the fiscal year and the unencumbered balance of the amount received for purposes of administration of this subchapter under s. 20.435 (1) (hi) from the prior fiscal year, to health care providers, other than hospitals and ambulatory surgery centers, who are in a class of health care providers from whom the department collects data under this subchapter in a manner specified by the department by rule. The department shall work together with the department of safety and professional services to develop a mechanism for collecting assessments from health care providers other than hospitals and ambulatory surgery centers. No health care provider that is not a facility may be assessed under this subsection an amount that exceeds $75 per fiscal year. All payments of assessments shall be credited to the appropriation under s. 20.435 (1) (hg).

55,3501 Section 3501. 165.055 (3) of the statutes is created to read:

165.055 (3) The attorney general may appoint, in the unclassified service, a solicitor general and no more than 3 deputy solicitors general, each of whom shall be an attorney at law licensed to practice in this state. The attorney general may assign assistant attorneys general to assist the solicitor general.

55,3501p Section 3501p. 165.08 of the statutes is amended to read:

165.08 Power to compromise. Any civil action prosecuted by the department by direction of any officer, department, board or commission, shall be compromised or discontinued when so directed by such officer, department, board or commission. Except as provided in s. 20.931 (7) (b), any Any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of the governor. In any criminal action prosecuted by the attorney general, the department shall have the same powers with reference to such action as are vested in district attorneys.

55,3504c Section 3504c. 165.25 (11) of the statutes is repealed.

55,3509 Section 3509. 165.755 (7) of the statutes is amended to read:

165.755 (7) All moneys collected from crime laboratories and drug law enforcement surcharges under this section shall be deposited by the secretary of administration and used as specified in s. ss. 20.455 (2) (jb), (kd), and (Lm) and 20.475 (1) (km).

55,3511d Section 3511d. 165.77 (4) (am) (intro.) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

165.77 (4) (am) (intro.) A person whose deoxyribonucleic acid analysis data have been included in the data bank under sub. (3) may request expungement on the grounds that all any of the following conditions that apply to the person are satisfied:

55,3512b Section 3512b. 165.85 (2) (c) of the statutes is amended to read:

165.85 (2) (c) "Law enforcement officer" means any person employed by the state or any political subdivision of the state, 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. "Law enforcement officer" includes a university police officer, as defined in s. 175.42 (1) (b).

55,3512v Section 3512v. 165.957 of the statutes is created to read:

165.957 Frequent testing for use of alcohol or a controlled substance; pilot program. (1) In this section:

(a) "Controlled substance" has the meaning given in s. 961.01 (4).

(b) "Testing" means a procedure for determining the presence and level of alcohol or a controlled substance in an individual's blood, breath, or urine, and includes any combination of the use of breath testing, drug patch testing, urinalysis, or continuous or transdermal alcohol monitoring.

(2) The department of justice may designate up to 5 counties to participate in a voluntary frequent sobriety testing program. If a county opts not to participate in the program, the department of justice may designate another county to replace it.

(3) The department of justice may, by rule, establish the following:

(a) A standard for frequent testing for the use of alcohol or a controlled substance that is an alternative to the testing described in sub. (4) (b) 1.

(b) A standard for setting fees that counties may collect under sub. (4) (d). The standard may include a component that allows the department of justice to recoup its costs under this section, and as provided in sub. (5) (a).

(c) A timeline and procedure for counties to submit to the department of justice the information required under sub. (6).

(4) Each frequent sobriety testing program shall meet all of the following criteria:

(a) The program limits participation to persons whose number of convictions under ss. 940.09 (1) and 940.25, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) equals 2 or more, and to whom one of the following applies:

1. The person is ordered by a judge or by the department of corrections as a condition of probation or deferred prosecution, release to parole, or release to extended supervision, to refrain from using alcohol or a controlled substance, and whose participation in the program is ordered by the judge or by the department of corrections as a condition of probation, release to parole, or release to extended supervision.

2. The person agrees to refrain from using alcohol or a controlled substance while he or she is on probation, participating in a deferred prosecution agreement, or on parole or extended supervision and volunteers to participate in the program even though his or her participation is not ordered by a judge or by the department of corrections as a condition of probation or deferred prosecution or release to parole or to extended supervision.

(b) 1. Except as provided in subd. 2., the program requires participants to be tested for the use of alcohol at least twice daily, at approximately 12-hour intervals, or for the use of a controlled substance as frequently as practicable.

2. If the standard for frequent testing described in subd. 1. creates an unreasonable hardship for the county administering the program, the program may utilize the standard established by the department of justice under sub. (3) (a).

(c) The program informs a participant that, if he or she fails to appear for a scheduled test or if his or her test results indicate that the participant used alcohol or a controlled substance, he or she may be placed under immediate arrest and referred to the department of corrections and to the appropriate prosecuting agency for violating a condition of his or her probation or deferred prosecution or of his or her release to parole or extended supervision.

(d) The program requires participants to pay a fee, except that a county may allow a participant to pay a reduced fee or no fee, subject to the participant's ability to pay. Each county may establish fees that are consistent with any standard established under sub. (3) (b) and that the county determines are sufficient to fund its frequent sobriety testing program. Except as provided in sub. (5), the county may retain the fees it collects pursuant to this paragraph to administer its program.

(5) (a) The department of justice may enter into an agreement with each designated county that requires the county to pay a portion of the fees the county collects under sub. (4) (d) to the department of justice to pay the actual costs of performing the analysis and reporting under sub. (7).

(b) The department of justice shall deposit in the state treasury for deposit into the general fund all moneys it collects under this subsection. These moneys shall be credited to the appropriation account under s. 20.455 (2) (gu).

(6) Each county that establishes a frequent sobriety testing program after being designated by the department of justice under sub. (2) shall, annually, provide the following information to the department of justice:

(a) The number of participants in the program.

(b) The costs associated with the program.

(c) The failure or dropout rate of participants.

(d) Other information requested by the department of justice.

(7) (a) Not later than June 30, 2016, the department of justice shall provide to the legislature under s. 13.172 (2) a list of counties it designated under sub. (2). For each county it designates, the department of justice shall inform the legislature of the reasons it chose the county for participation. If the department of justice designated a county to replace a different county, the department of justice shall include that information in the report.

(b) Beginning January 15, 2017, and annually thereafter until January 15, 2021, the department of justice shall analyze the information it receives pursuant to sub. (6) and shall submit a report to the legislature under s. 13.172 (2). The report shall include all of the following information relating to the prior year's frequent sobriety testing programs:

1. A list of counties designated under sub. (2) that established a frequent sobriety testing program.

2. The number of participants in each county's frequent sobriety testing program.

3. A description of each county's frequent sobriety testing program.

4. The recidivism rates for participants in each county's frequent sobriety testing program.

(c) By January 15, 2021, the department of justice shall submit a final report to the legislature under s. 13.172 (2) that includes all of the information required under par. (b) and contains a recommendation as to whether the frequent sobriety testing programs should be continued, discontinued, or modified.

(8) The department of justice may use the emergency rules procedure under s. 227.24 to promulgate rules specified in sub. (3). Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this section.

(9) This section does not apply after June 30, 2021.

55,3513g Section 3513g. 165.967 of the statutes is created to read:

165.967 Court appointed special advocates; grants. From the appropriation under s. 20.455 (5) (es), the department of justice shall in each fiscal year provide $80,000 to the Wisconsin Court Appointed Special Advocate Association.

55,3513gb Section 3513gb. 165.967 of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed.

55,3515b Section 3515b. 165.987 (1) of the statutes is amended to read:

165.987 (1) From the appropriations under s. 20.455 (2) (cr) and (kj), the department of justice shall allocate $500,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 500,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs. Notwithstanding s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

55,3515d Section 3515d. 165.987 (3) of the statutes is amended to read:

165.987 (3) From the appropriations under s. 20.455 (2) (cr) and (kj) the department of justice shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, $150,000 in each fiscal year to enter into a contract with an organization that is located in ward 2 in the city of Racine to provide services in Racine County, and $150,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, and from the appropriation under s. 20.455 (2) (kj), the department shall allocate $100,000 in each fiscal year to enter into a contract with an organization, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. The organization that is located in ward 2 in the city of Racine shall have a recreational facility, shall offer programs to divert youths from gang activities, may not be affiliated with any national or state association, and may not have entered into a contract under s. 301.265 (3), 1995 stats. Notwithstanding s. 16.75, the department may enter into a contract under this subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

55,3518 Section 3518. 169.01 (35) (a) of the statutes is amended to read:

169.01 (35) (a) A veterinarian who is licensed in this state to practice veterinary medicine under ch. 453 89 and who is certified under rules promulgated by the department of agriculture, trade and consumer protection.

55,3519 Section 3519. 173.05 (1) (b) of the statutes is amended to read:

173.05 (1) (b) A person to whom par. (a) applies who is a veterinarian licensed under ch. 453 89 is not required to complete a course of training approved by the department if he or she takes an examination given by the department and passes the examination on the first attempt.

55,3520 Section 3520. 173.41 (2) (e) of the statutes is amended to read:

173.41 (2) (e) A veterinarian licensed under ch. 453 89 practicing in the normal course of veterinary business within the scope of the license is not required to obtain a license under this subsection.

55,3521 Section 3521. 173.41 (12) (a) 4. of the statutes is amended to read:

173.41 (12) (a) 4. If persons sell or offer to sell dogs at the temporary dog market for 2 or more consecutive days, employ or contract with a veterinarian licensed under ch. 453 89 to conduct an examination of the dogs offered for sale at the temporary dog market on each day on which dogs are offered for sale and to review the information provided under par. (b).

55,3523p Section 3523p. 175.47 (5) (b) of the statutes is amended to read:

175.47 (5) (b) If the district attorney determines there is no basis to prosecute the law enforcement officer involved in the officer-involved death, the investigators conducting the investigation under sub. (3) (a) shall release the report, except that the investigators shall, before releasing the report, delete any information that would not be subject to disclosure pursuant to a request under s. 19.35 (1) (a).

55,3524g Section 3524g. 182.71 (7) (b) of the statutes is amended to read:

182.71 (7) (b) If the company intends to acquire and overflow property, the commission shall approve the need to overflow the property. The department shall mark the height to which any dam may raise the water level by permanent monuments and bench marks, shall supervise and control the time and extent of the drawing of water from the reservoirs, except as provided in s. 31.02 (4d), and may compel the maintenance of all reservoirs established. The commission and the department may employ, at the expense of the company, hydraulic engineers and other persons to assist in obtaining information necessary to enforce this section. The cost of hiring the engineers shall be included as a part of the cost of construction or maintenance and operation of the reservoir system. The department is subject to the restrictions under s. 31.02 (4d) in issuing, amending, or revising an order under this paragraph for a dam that meets the conditions under s. 31.02 (4d).

55,3527d Section 3527d. 190.11 (1) of the statutes is amended to read:

190.11 (1) Every conveyance or lease, deed of trust, mortgage or satisfaction thereof made by any railroad corporation shall be executed and acknowledged in the manner in which conveyances of real estate by corporations are required to be to entitle the same to be recorded, and shall be filed with and maintained by the department of financial institutions office of the commissioner of railroads, which shall endorse thereon "filed" and the date of filing.

55,3527f Section 3527f. 190.11 (3) of the statutes is amended to read:

190.11 (3) The department of financial institutions office of the commissioner of railroads shall collect a fee of $1 per page filed under sub. (1). All fees received under this subsection shall be credited to the appropriation account under s. 20.155 (2) (g).

55,3527h Section 3527h. 190.11 (4) of the statutes is amended to read:

190.11 (4) The department of financial institutions office of the commissioner of railroads shall collect a fee at the rate under s. 77.22 and, on or before the 15th day of the month after the fee is collected, shall remit that fee to the department of administration for deposit in the general fund. Sections 77.21, 77.22 and 77.25 to 77.27 apply to the fee under this subsection.

55,3527m Section 3527m. 192.32 (1) (c) of the statutes is created to read:

192.32 (1) (c) To prevent any person from walking directly across the tracks or right-of-way of any railroad.

55,3528 Section 3528. 194.01 (11) of the statutes is amended to read:

194.01 (11) "Private motor carrier" means any person except a common or contract motor carrier engaged in the who provides transportation of property or passengers by commercial motor vehicle other than an automobile or trailer used therewith, upon the public highways, as defined in 49 CFR 390.5, and is not a for-hire motor carrier.

55,3528g Section 3528g. 196.02 (5) of the statutes is amended to read:

196.02 (5) Inspect books. The commission, the chairperson of the commission, or any commissioner or any person employed by the commission for that purpose may, upon demand, inspect the books, accounts, papers, records and memoranda of any public utility, and examine under oath any officer, agent or employee of the public utility in relation to its business and affairs. Any person, other than the chairperson or one of the commissioners, who makes a demand shall produce his or her authority to make the inspection.

55,3528k Section 3528k. 196.03 (3) (b) 2. b. of the statutes is amended to read:

196.03 (3) (b) 2. b. The person owns land that is located in the city, village or town and in an area in which the municipal utility has an obligation to provide water for public fire protection. If the person owns 2 or more parcels that are adjacent to each other or divided only by a roadway or brook, creek, river, or stream, the municipality may bill the person for only one parcel.

55,3528m Section 3528m. 196.203 (4m) (a) of the statutes is amended to read:

196.203 (4m) (a) The commission may impose s. 196.02 (1), (4), or (5), 196.04, 196.135, 196.14, 196.197, 196.199, 196.207, 196.208, 196.209, 196.218, 196.219 (1), (2) (b), (c), or (d), (2r), or (3) (a), (d), (j), (m), (n), or (o), 196.25, 196.26, 196.39, 196.395, 196.40, 196.41, 196.43, 196.44, 196.65, 196.66, 196.81, 196.85, 196.858, or 196.859 on an alternative telecommunications utility.

55,3582r Section 3582r. 196.209 (5) of the statutes is repealed.

55,3528t Section 3528t. 196.218 (1) (a) of the statutes is amended to read:

196.218 (1) (a) "Essential telecommunications services" means the services or functionalities listed in 47 CFR 54.101 (a) as of January 1, 2010.

55,3529c Section 3529c. 196.218 (3) (a) 3. b. of the statutes is amended to read:

196.218 (3) (a) 3. b. The amounts appropriated under ss. 20.255 (1) (q) and (3) (q), (qm), and (r), 20.285 (1) (q), and 20.505 (4) (s), (t), (tm), (tu), and (tw).