134.58 Use of unauthorized persons as officers. Any person who, individually, in concert with another or as agent or officer of any firm, joint-stock company or corporation, uses, employs, aids or assists in employing any body of armed persons to act as militia, police or peace officers for the protection of persons or property or for the suppression of strikes, not being authorized by the laws of this state to so act, shall be fined not more than $1,000 or imprisoned for not less than one year nor more than 4 years and 6 months or both is guilty of a Class I felony.
109,312m
Section 312m. 134.71 (12) of the statutes is amended to read:
134.71 (12) Applications and forms. The department of agriculture, trade and consumer protection, in consultation with the department of justice, shall develop applications and other forms required under subs. (5) (intro.) and (8) (c). The department of agriculture, trade and consumer protection shall print a sufficient number of applications and forms to provide to counties and municipalities for distribution to pawnbrokers, secondhand article dealers and secondhand jewelry dealers at no cost.
109,313g
Section 313g. 134.74 of the statutes is created to read:
134.74 Nondisclosure of information on receipts. (1) In this section:
(a) "Credit card" has the meaning given in s. 421.301 (15).
(b) "Debit card" means a plastic card or similar device that may be used to purchase goods or services by providing the purchaser with direct access to the purchaser's account at a depository institution.
(c) "Depository institution" means a bank, savings bank, savings and loan association, or credit union.
(2) Beginning on the first day of the 37th month beginning after the effective date of this subsection .... [revisor inserts date], no person who is in the business of selling goods at retail or selling services and who accepts a credit card or a debit card for the purchase of goods or services may issue a credit card or debit card receipt, for that purchase, on which is printed more than 5 digits of the credit card or debit card number.
(3) This section does not apply to any person who issues a credit card or debit card receipt that is handwritten or that is manually prepared by making an imprint of the credit card or debit card.
109,314m
Section 314m. 136.03 (title) of the statutes is amended to read:
136.03 (title) Duties of the department of agriculture, trade and consumer protection
justice.
109,314p
Section 314p. 136.03 (1) (intro.) of the statutes is amended to read:
136.03 (1) (intro.) The department of agriculture, trade and consumer protection of justice shall investigate violations of this chapter and of rules and orders issued under s. 136.04. The department of justice may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12. The department of justice may in on behalf of the state:
109,314r
Section 314r. 136.04 of the statutes is amended to read:
136.04 Powers of the department of agriculture, trade and consumer protection justice. (1) The department of agriculture, trade and consumer protection justice may adopt such rules as may be required to carry out the purposes of this chapter.
(2) The department of agriculture, trade and consumer protection justice after public hearing may issue general or special orders to carry out the purposes of this chapter and to determine and prohibit unfair trade practices in business or unfair methods of competition in business pursuant to s. 100.20 (2) to (4).
109,316
Section 316. 139.44 (1) of the statutes is amended to read:
139.44 (1) Any person who falsely or fraudulently makes, alters or counterfeits any stamp or procures or causes the same to be done, or who knowingly utters, publishes, passes or tenders as true any false, altered or counterfeit stamp, or who affixes the same to any package or container of cigarettes, or who possesses with the intent to sell any cigarettes in containers to which false, altered or counterfeit stamps have been affixed shall be imprisoned for not less than one year nor more than 15 years is guilty of a Class G felony.
109,317
Section 317. 139.44 (1m) of the statutes is amended to read:
139.44 (1m) Any person who falsely or fraudulently tampers with a cigarette meter in order to evade the tax under s. 139.31 shall be imprisoned for not less than one year nor more than 15 years is guilty of a Class G felony.
109,318
Section 318. 139.44 (2) of the statutes is amended to read:
139.44 (2) Any person who makes or signs any false or fraudulent report or who attempts to evade the tax imposed by s. 139.31 or 139.76, or who aids in or abets the evasion or attempted evasion of that tax shall
may be fined not less than $1,000 nor more than $5,000 $10,000 or imprisoned for not less than 90 days nor more than 2 years 9 months or both.
109,319
Section 319. 139.44 (8) (c) of the statutes is amended to read:
139.44 (8) (c) If the number of cigarettes exceeds 36,000, a fine of not more than $10,000 or imprisonment for not more than 3 years or both the person is guilty of a Class I felony.
109,320
Section 320. 139.85 (1) of the statutes is amended to read:
139.85 (1) The interest and penalties under s. 139.44 (2) to (7) and (9) to (12) apply to this subchapter. In addition, a person who violates s. 139.82 (8) shall may be fined not less than $1,000 nor more than $5,000 $10,000 or imprisoned for not less than 90 days nor more than one year 9 months or both.
109,321
Section 321. 139.95 (2) of the statutes is amended to read:
139.95 (2) A dealer who possesses a schedule I controlled substance, a schedule II controlled substance or ketamine or flunitrazepam that does not bear evidence that the tax under s. 139.88 has been paid may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.
109,322
Section 322. 139.95 (3) of the statutes is amended to read:
139.95 (3) Any person who falsely or fraudulently makes, alters or counterfeits any stamp or procures or causes the same to be done or who knowingly utters, publishes, passes or tenders as true any false, altered or counterfeit stamp or who affixes a counterfeit stamp to a schedule I controlled substance, a schedule II controlled substance or ketamine or flunitrazepam or who possesses a schedule I controlled substance, a schedule II controlled substance or ketamine or flunitrazepam to which a false, altered or counterfeit stamp is affixed may be fined not more than $10,000 or imprisoned for not less than one year nor more than 15 years or both is guilty of a Class F felony.
109,324
Section 324. 146.345 (3) of the statutes is amended to read:
146.345 (3) Any person who violates this section is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $50,000 or imprisoned for not more than 7 years and 6 months or both.
109,325
Section 325. 146.35 (5) of the statutes is amended to read:
146.35 (5) Whoever violates sub. (2) may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.
109,326
Section 326. 146.50 (1) (a) of the statutes is renumbered 146.50 (1) (am).
109,327
Section 327. 146.50 (1) (ag) of the statutes is created to read:
146.50 (1) (ag) "Act of terrorism" means a felony under ch. 939 to 951 that is committed with intent to terrorize and is committed under any of the following circumstances:
1. The person committing the felony causes bodily harm, great bodily harm, or death to another.
2. The person committing the felony causes damage to the property of another and the total property damaged is reduced in value by $25,000 or more. For purposes of this subdivision, property is reduced in value by the amount that it would cost either to repair or replace it, whichever is less.
3. The person committing the felony uses force or violence or the threat of force or violence.
109,328
Section 328. 146.50 (1) (hr) of the statutes is created to read:
146.50 (1) (hr) "Governmental unit" means the United States; the state; any county, city, village, or town; or any political subdivision, department, division, board, or agency of the United States, the state, or any county, city, village, or town.
109,329
Section 329. 146.50 (1) (ig) of the statutes is created to read:
146.50 (1) (ig) "Intent to terrorize" means intent to influence the policy of a governmental unit by intimidation or coercion, to punish a governmental unit for a prior policy decision, to affect the conduct of a governmental unit by homicide or kidnapping, or to intimidate or coerce a civilian population.
109,329r
Section 329r. 146.50 (4) (title) of the statutes is amended to read:
146.50 (4) (title) Ambulance staffing
and operational plans; limitations; rules.
109,329s
Section 329s. 146.50 (4) (c) of the statutes is renumbered 146.50 (4) (c) (intro.) and amended to read:
146.50 (4) (c) (intro.) Notwithstanding par. (a), the department may promulgate rules that establish standards for approval by the department of operational plans for the staffing of ambulances in which the primary services provided are those which an emergency medical technician - intermediate is authorized to provide or those which an emergency medical technician - paramedic is authorized to provide. Rules promulgated by the department under this paragraph may permit the department to approve an operational plan, for services that an emergency medical technician-paramedic is authorized to provide, that is submitted by an ambulance service provider that provided these services before January 1, 2000, only if the operational plan specifies all of the following for the transport of a patient in a prehospital setting:
109,329t
Section 329t. 146.50 (4) (c) 1. of the statutes is created to read:
146.50 (4) (c) 1. That the ambulance service provider ensures, in writing, that the ambulance is staffed with at least 2 emergency medical technicians-paramedic, licensed registered nurses, licensed physician assistants, or physicians or a combination of any 2 of these, who are trained in the use of all skills authorized by rule for an emergency medical technician-paramedic and are designated by the medical director of the ambulance service. This subdivision does not apply during an emergency when there is an agreement for the sharing of emergency services in place between a town, village, or city and another town, village, or city.
109,329u
Section 329u. 146.50 (4) (c) 2. of the statutes is created to read:
146.50 (4) (c) 2. That the ambulance staff, as specified in subd. 1., is dispatched from the same site, together, to the scene of an emergency. This subdivision does not apply if the ambulance service provider, as of October 1, 2001, dispatched ambulance staff from multiple sites to the scene of an emergency.
109,329v
Section 329v. 146.50 (4) (c) 3. of the statutes is created to read:
146.50 (4) (c) 3. That if an emergency medical technician-paramedic arrives at the scene of an emergency prior to the arrival of the ambulance staff, as specified in subd. 1., the emergency medical technician-paramedic may provide services using all skills authorized by rule for an emergency medical technician-paramedic.
109,330
Section 330. 146.50 (6) (a) 2. of the statutes is amended to read:
146.50 (6) (a) 2. Have satisfactorily completed a course of instruction and training, including training for response to acts of terrorism, prescribed by the department or have presented evidence satisfactory to the department of sufficient education and training in the field of emergency care.
109,331
Section 331. 146.50 (6) (b) 2. of the statutes is amended to read:
146.50 (6) (b) 2. The department, in conjunction with the technical college system board, shall promulgate rules specifying training, education, or examination requirements, including requirements for training for response to acts of terrorism, for license renewals for emergency medical technicians.
109,332
Section 332. 146.50 (8) (b) 3. of the statutes is amended to read:
146.50
(8) (b) 3. The individual satisfactorily completes a first responder course that meets or exceeds the guidelines issued by the National Highway Traffic Safety Administration under
23 CFR 1205.3 (a) (5)
, that includes training for response to acts of terrorism, and that is approved by the department.
109,333
Section 333. 146.50 (8) (c) of the statutes is amended to read:
146.50
(8) (c) To be eligible for a renewal of a certificate as a first responder, except as provided in ss. 146.51 and 146.52, the holder of the certificate shall satisfactorily complete a first responder refresher course that meets or exceeds the guidelines issued by the National Highway Traffic Safety Administration under
23 CFR 1205.3 (a) (5)
, that includes training for response to acts of terrorism, and that is approved by the department.
109,333h
Section 333h. 146.50 (13) (a) of the statutes is amended to read:
146.50 (13) (a) The department may promulgate rules necessary for administration of this section, as limited under sub. (4) (c).
109,334
Section 334. 146.55 (1) (a) of the statutes is amended to read:
146.55 (1) (a) "Ambulance service" means the business of transporting sick, disabled, or injured individuals by ambulance, as defined in s. 146.50 (1) (a) (am), to or from facilities or institutions providing health services.
146.56 (1) Not later than July 1, 2002, the The department shall develop and implement a statewide trauma care system. The department shall seek the advice of the statewide trauma advisory council under s. 15.197 (25) in developing and implementing the system, and, as part of the system, shall develop regional trauma advisory councils.
109,335
Section 335. 146.60 (9) (am) of the statutes is amended to read:
146.60 (9) (am) For a 2nd or subsequent violation under par. (ag), a person shall may be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than 2 years 9 months or both.
109,336
Section 336. 146.70 (10) (a) of the statutes is amended to read:
146.70 (10) (a) Any person who intentionally dials the telephone number "911" to report an emergency, knowing that the fact situation which he or she reports does not exist, shall be fined not less than $50 nor more than $300 or imprisoned not more than 90 days or both for the first offense and shall be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony for any other offense committed within 4 years after the first offense.
109,336f
Section 336f. 146.83 (1) (b) of the statutes is amended to read:
146.83 (1) (b) Receive a copy of the patient's health care records upon payment of reasonable costs fees, as established by rule under sub. (3m).
109,336g
Section 336g. 146.83 (1) (c) of the statutes is amended to read:
146.83 (1) (c) Receive a copy of the health care provider's X-ray reports or have the X-rays referred to another health care provider of the patient's choice upon payment of reasonable costs fees, as established by rule under sub. (3m).
109,336h
Section 336h. 146.83 (3m) of the statutes is created to read:
146.83 (3m) (a) The department shall, by rule, prescribe fees that are based on an approximation of actual costs. The fees, plus applicable tax, are the maximum amount that a health care provider may charge under sub. (1) (b) for duplicate patient health care records and under sub. (1) (c) for duplicate X-ray reports or the referral of X-rays to another health care provider of the patient's choice. The rule shall also permit the health care provider to charge for actual postage or other actual delivery costs. In determining the approximation of actual costs for the purposes of this subsection, the department may consider all of the following factors:
1. Operating expenses, such as wages, rent, utilities, and duplication equipment and supplies.
2. The varying cost of retrieval of records, based on the different media on which the records are maintained.
3. The cost of separating requested patient health care records from those that are not requested.
4. The cost of duplicating requested patient health care records.
5. The impact on costs of advances in technology.
(b) By January 1, 2006, and every 3 years thereafter, the department shall revise the rules under par. (a) to account for increases or decreases in actual costs.
109,336j
Section 336j. 146.96 of the statutes is created to read:
146.96 Uniform claim processing form. Beginning no later than July 1, 2004, every health care provider, as defined in s. 146.81 (1), shall use the uniform claim processing form developed by the commissioner of insurance under s. 601.41 (9) (b) when submitting a claim to an insurer.
109,336jc
Section 336jc. 149.143 (1) (b) 1. a. of the statutes is amended to read:
149.143 (1) (b) 1. a. First, from premiums from eligible persons with coverage under s. 149.14 (2) (a) set at a rate that is 140% to 150% of the rate that a standard risk would be charged under an individual policy providing substantially the same coverage and deductibles as are provided under the plan and from eligible persons with coverage under s. 149.14 (2) (b) set in accordance with s. 149.14 (5m), including amounts received for premium and deductible subsidies under s. 149.144 and under the transfer to the fund from the appropriation account under s. 20.435 (4) (ah), and from premiums collected from eligible persons with coverage under s. 149.146 set in accordance with s. 149.146 (2) (b).
