Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,426,15 252.12 (2) (a) 3. `Statewide public education campaign.' (intro.) The department shall promote public awareness of the risk of contracting acquired immunodeficiency syndrome and measures for acquired immunodeficiency syndrome protection by development and distribution of information through clinics providing family planning services, as defined in s. 253.07 (1) (b) 49.001 (1s), offices of physicians and clinics for sexually transmitted diseases and by newsletters, public presentations or other releases of information to newspapers, periodicals, radio and television stations and other public information resources. The information would be targeted at individuals whose behavior puts them at risk of contracting acquired immunodeficiency syndrome and would encompass the following topics:".

AB133-ASA1-AA2,426,16 918. Page 1214, line 7: delete "$1,994,900" and substitute "$1,933,600".

AB133-ASA1-AA2,426,17 919. Page 1215, line 4: after that line insert:

AB133-ASA1-AA2,426,18 " Section 2432r. 252.14 (1) (ar) 4q. of the statutes is created to read:

AB133-ASA1-AA2,426,19 252.14 (1) (ar) 4q. An athletic trainer licensed under subch. VI of ch. 448.".

AB133-ASA1-AA2,426,20 920. Page 1215, line 4: after that line insert:

AB133-ASA1-AA2,426,21 " Section 2435d. 253.02 (2) (a) of the statutes is repealed.

AB133-ASA1-AA2, s. 2435e Section 2435e. 253.02 (2) (g) of the statutes is amended to read:

AB133-ASA1-AA2,427,3 253.02 (2) (g) Maternal and child health system coordination services that promote coordination of public and private sector activities in areas of the maternal and child health program described in pars. (a) (b) to (f).".

AB133-ASA1-AA2,427,4 921. Page 1215, line 4: after that line insert:

AB133-ASA1-AA2,427,5 " Section 2434d. 252.15 (1) (ab) of the statutes is amended to read:

AB133-ASA1-AA2,427,12 252.15 (1) (ab) "Affected person" means an emergency medical technician, first responder, fire fighter, peace officer, correctional officer, person who is employed at a secured correctional facility, as defined in s. 938.02 (15m), or at a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper, health care provider, employe of a health care provider or staff member of a state crime laboratory.

AB133-ASA1-AA2, s. 2435d Section 2435d. 252.15 (2) (a) 7. a. of the statutes is amended to read:

AB133-ASA1-AA2,428,7 252.15 (2) (a) 7. a. If all of the conditions under subd. 7. ai. to c. are met, an emergency medical technician, first responder, fire fighter, peace officer, correctional officer, person who is employed at a secured correctional facility, as defined in s. 938.02 (15m), or at a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper who, during the course of providing care or services to an individual; or a peace officer, correctional officer, state patrol officer, jailer or keeper of a jail or person designated with custodial authority by the jailer or keeper who, while searching or arresting an individual or while controlling or transferring an individual in custody; or a health care provider or an employe of a health care provider who, during the course of providing care or treatment to an individual or handling or processing specimens of body fluids or tissues of an individual; or a staff member of a state crime laboratory who, during the course of handling or processing specimens of body fluids or tissues of an individual; is significantly exposed to the individual may subject the individual's blood to a test or a series of tests for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV and may receive disclosure of the results.".

AB133-ASA1-AA2,428,8 922. Page 1215, line 4: after that line insert:

AB133-ASA1-AA2,428,9 " Section 2432jk. 252.14 (1) (d) of the statutes is amended to read:

AB133-ASA1-AA2,428,15 252.14 (1) (d) "Inpatient health care facility" means a hospital, nursing home, community-based residential facility, county home, county mental health complex, tuberculosis sanatorium or other place licensed or approved by the department under ss. s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, or 51.09 , 58.06, 252.073 and 252.076 or a facility under s. 45.365, 48.62, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.".

AB133-ASA1-AA2,428,16 923. Page 1215, line 4: after that line insert:

AB133-ASA1-AA2,428,17 " Section 2434n. 253.02 (2m) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,428,23 253.02 (2m) (intro.) Nothing in this section authorizes the performance, promotion, encouragement or counseling in favor of, or referral either directly or through an intermediary for, voluntary termination of pregnancy. Nothing in this section prohibits the providing of nondirective information explaining promotion, encouragement or counseling in favor of, or referral either directly or through an intermediary for, any of the following:

AB133-ASA1-AA2, s. 2434p Section 2434p. 253.02 (2m) (c) of the statutes is repealed.".

AB133-ASA1-AA2,429,1 924. Page 1215, line 22: after that line insert:

AB133-ASA1-AA2,429,2 " Section 2435qg. 253.07 of the statutes is repealed.

AB133-ASA1-AA2, s. 2438p Section 2438p. 253.10 (3) (c) 2. g. of the statutes is repealed.".

AB133-ASA1-AA2,429,4 925. Page 1215, line 25: delete ", and".

AB133-ASA1-AA2,429,5 926. Page 1216, line 1: delete "information on family planning, as defined in".

AB133-ASA1-AA2,429,6 927. Page 1216, line 2: delete that line.

AB133-ASA1-AA2,429,7 928. Page 1217, line 8: after that line insert:

AB133-ASA1-AA2,429,8 " Section 2439g. 253.10 (7) of the statutes is amended to read:

AB133-ASA1-AA2,429,16 253.10 (7) Affirmative defense. No person is liable under sub. (5) or (6) or under s. 441.07 (1) (f), 448.02 (3) (a) or 457.26 (2) (gm) for failure under sub. (3) (c) 2. d. to provide the printed materials described in sub. (3) (d) to a woman or for failure under sub. (3) (c) 2. d., e., or f. or g. to describe the contents of the printed materials if the person has made a reasonably diligent effort to obtain the printed materials under sub. (3) (e) and s. 46.245 and the department and the county department under s. 46.215, 46.22 or 46.23 have not made the printed materials available at the time that the person is required to give them to the woman.".

AB133-ASA1-AA2,429,17 929. Page 1233, line 19: after that line insert:

AB133-ASA1-AA2,429,19 " Section 2485g. Subchapter IX (title) of chapter 254 [precedes 254.911] of the statutes is created to read:

AB133-ASA1-AA2,429,20 Chapter 254

AB133-ASA1-AA2,429,24 Subchapter IX Investigations of the sale or gift of cigarettes or tobacco products to minors

AB133-ASA1-AA2, s. 2485h Section 2485h. 254.911 of the statutes is created to read:

AB133-ASA1-AA2,430,2 254.911 Definitions. In this subchapter:

AB133-ASA1-AA2,430,3 (1) "Cigarette" has the meaning given in s. 139.30 (1).

AB133-ASA1-AA2,430,8 (2) "Governmental regulatory authority" means the department; the local health department, state agency or law enforcement agency with which the department contracts under s. 254.916 (1) (a); or the person with whom the local health department, state agency or law enforcement agency contracts under s. 254.916 (1) (a).

AB133-ASA1-AA2,430,9 (3) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

AB133-ASA1-AA2,430,10 (4) "Retailer" has the meaning given in s. 134.66 (1) (g).

AB133-ASA1-AA2,430,12 (5) "Retail outlet" means a place of business from which cigarettes or tobacco products are sold at retail to consumers.

AB133-ASA1-AA2,430,13 (6) "State agency" has the meaning given in s. 1.12 (1) (b).

AB133-ASA1-AA2,430,14 (7) "Tobacco products" has the meaning given in s. 139.75 (12).

AB133-ASA1-AA2,430,17 (8) "Tobacco vending machine" is any mechanical device that automatically dispenses cigarettes or tobacco products when money or tokens are deposited in the device in payment for the cigarettes or tobacco products.

AB133-ASA1-AA2,430,22 (9) "Tobacco vending machine operator" means a person who acquires tobacco products or stamped cigarettes from manufacturers, as defined in s. 134.66 (1) (e), or permittees, stores them and sells them through the medium of tobacco vending machines that he or she owns, operates or services and that are located on premises that are owned or under the control of other persons.

AB133-ASA1-AA2,430,24 (10) "Tobacco vending machine premises" means any area in which a tobacco vending machine is located.

AB133-ASA1-AA2, s. 2485j Section 2485j. 254.916 of the statutes is created to read:

AB133-ASA1-AA2,431,18 254.916 Department; authority. (1) (a) In the administration of this subchapter, the department may contract with local health departments, as agents of the department, with a state agency or with law enforcement agencies of the state, or of a county, city, village or town, to cause unannounced investigations to be conducted annually at retail outlets, including sites of tobacco vending machines, to survey overall levels of compliance with s. 134.66 (2) (a). A person with whom the department contracts under this paragraph may contract with another person to conduct the investigations. Except any survey conducted under 21 CFR part 897, the survey under this subsection shall cover a range of retail outlets that are not preselected on the basis of prior violations, in order to measure overall levels of compliance as well as to identify violations. The survey shall be conducted so as to provide a sample of retail outlets that reflects the distribution of minors throughout the state and the distribution of the retail outlets throughout the state where minors are likely to attempt to purchase cigarettes. The survey shall include all types of retail outlets that are required to comply with s. 134.66 (2) (a). The department shall use statistically sound sampling techniques in designing the annual surveys so as to measure overall levels of compliance and shall stratify the sample so as to measure compliance by type of retail outlet, including all of the following:

AB133-ASA1-AA2,431,19 1. A private place of business other than a retail establishment.

AB133-ASA1-AA2,431,21 2. A barroom, as defined in s. 125.51 (3m) (a), that is located on premises described in a license issued under s. 125.26 or 125.51 (3).

AB133-ASA1-AA2,431,23 (b) The department, in consultation with retailers, shall establish standards for procedures and training for conducting investigations under this section.

AB133-ASA1-AA2,432,3 (2) With the permission of his or her parent or guardian, a person under 18 years of age, but not under 15 years of age, may buy, attempt to buy or possess any cigarette or tobacco product if all of the following are true:

AB133-ASA1-AA2,432,5 (a) The person commits the act for the purpose of conducting an investigation under this section.

AB133-ASA1-AA2,432,7 (b) The person is directly supervised during the conducting of the investigation by an adult employe of a governmental regulatory authority.

AB133-ASA1-AA2,432,10 (c) The person has prior written authorization to commit the act from a governmental regulatory authority or a district attorney or from an authorized agent of a governmental regulatory authority or a district attorney.

AB133-ASA1-AA2,432,12 (3) (a) All of the following, unless otherwise specified, apply in conducting investigations under this section:

AB133-ASA1-AA2,432,14 1. If questioned about his or her age during the course of an investigation, the minor shall state his or her true age.

AB133-ASA1-AA2,432,16 2. A minor may not be used for the purposes of an investigation at a retail outlet at which the minor is a regular customer.

AB133-ASA1-AA2,432,18 3. The appearance of a minor may not be materially altered so as to indicate greater age.

AB133-ASA1-AA2,432,20 4. A photograph or videotape of the minor shall be made before and after the investigation, or series of investigations, and shall be retained for 2 years.

AB133-ASA1-AA2,432,25 5. Except investigations conducted under a grant received under 42 USC 300x-21, within 24 hours after the completion of a sale or other distribution of cigarettes or tobacco products, the employe of the governmental regulatory authority supervising the minor under sub. (2) shall inform the person who sold or distributed the cigarettes or tobacco products to the minor of the investigation.

AB133-ASA1-AA2,433,5 6. The results of an investigation, including the issuance of any citation by a governmental regulatory authority for a violation that occurs during the conduct of the investigation, shall be made known to the retailer or the retailer's employe or agent within 24 hours after the occurrence of the violation. This subdivision does not apply to investigations conducted under a grant received under 42 USC 300x-021.

AB133-ASA1-AA2,433,9 7. Except with respect to investigations conducted under 42 USC 300x-021 or 21 CFR part 897, all of the following information shall be reported to the department, and to the retailer, within 7 days after the conduct of an investigation under this section:

AB133-ASA1-AA2,433,11 a. The name and position of the governmental regulatory authority employe who directly supervised the investigation.

AB133-ASA1-AA2,433,12 b. The date of birth of the minor.

AB133-ASA1-AA2,433,13 c. The date and time of the investigation.

AB133-ASA1-AA2,433,15 d. A reasonably detailed description of the circumstances giving rise to a violation, if any, or, if there is no violation, written notice to that effect.

AB133-ASA1-AA2,433,16 e. Any other relevant information requested by the department.

AB133-ASA1-AA2,433,18 (b) An investigation under this section conducted by a governmental regulatory authority shall be conducted in strict conformity with this section.

AB133-ASA1-AA2,433,21 (4) No results of an investigation conducted under this section may be included in the survey specified under sub. (1) if it is proved that the requirements under sub. (3) were not met in conducting the investigation.

AB133-ASA1-AA2,433,24 (5) No evidence obtained during or otherwise arising from the course of an investigation under this section that is used to prosecute a person for a violation of s. 134.66 (2) (a) may be used in the prosecution of an alleged violation of s. 125.07 (3).

AB133-ASA1-AA2,434,5 (6) The department shall compile the results of investigations performed under this section and shall prepare an annual report that reflects the results for submission with the state's application for federal funds under 42 USC 300x-21. The report shall be published for public comment at least 60 days before the beginning of negotiations under sub. (7).

AB133-ASA1-AA2,434,8 (7) The department shall strive annually to negotiate with the federal department of health and human services realistic and attainable interim performance targets for compliance with 42 USC 300x-26.

AB133-ASA1-AA2,434,14 (8) A governmental regulatory agency under this section shall meet standards established by the department of health and family services. The department shall annually evaluate the investigation program of each governmental regulatory authority. If, at any time, a governmental regulatory authority fails to meet the standards, the department of health and family services may terminate the contract under sub. (1).

AB133-ASA1-AA2,434,16 (9) The department shall provide education and training to governmental regulatory authorities to ensure uniformity in the enforcement of this subchapter.

AB133-ASA1-AA2,434,21 (10) This section does not limit the authority of the department to investigate establishments in jurisdictional areas of governmental regulatory authorities if the department investigates in response to an emergency, for the purpose of monitoring and evaluating the governmental regulatory authority's investigation and enforcement program or at the request of the governmental regulatory authority.

AB133-ASA1-AA2,435,2 (11) The department shall hold a hearing under ch. 227 if any interested person, in lieu of proceeding under ch. 68, appeals to the department alleging that the person making an investigation of the appellant has a financial interest in a regulated cigarette and tobacco product retailer, tobacco vending machine operator, tobacco vending machine premises or tobacco vending machine which may interfere with his or her ability to properly take that action.

AB133-ASA1-AA2, s. 2485L Section 2485L. 254.92 (2) (b) of the statutes is created to read:

AB133-ASA1-AA2,435,7 254.92 (2) (b) A person under 18 years of age, but not under 15 years of age, may purchase, attempt to purchase or possess cigarettes or tobacco products in the course of his or her participation in an investigation under s. 254.916 that is conducted in accordance with s. 254.916 (3) (a).".

AB133-ASA1-AA2,435,8 930. Page 1233, line 19: after that line insert:

AB133-ASA1-AA2,435,9 " Section 2485t. 255.05 (1) (a) of the statutes is amended to read:

AB133-ASA1-AA2,435,13 255.05 (1) (a) "Institution" means any hospital, nursing home, county home, county mental hospital, tuberculosis sanatorium, community-based residential facility or other place licensed or approved by the department under ss. s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, or 51.09, 58.06, 252.073 and 252.076.".

AB133-ASA1-AA2,435,14 931. Page 1234, line 14: after "may" insert ", beginning July 1, 2000,".

AB133-ASA1-AA2,435,16 932. Page 1234, line 24: delete that line and substitute "$500,000 in fiscal year 2000-01 and in each fiscal year thereafter.".

AB133-ASA1-AA2,435,18 933. Page 1235, line 2: delete that line and substitute "under s. 255.10, $500,000 in".

AB133-ASA1-AA2,435,19 934. Page 1235, line 4: delete lines 4 to 6.

AB133-ASA1-AA2,435,20 935. Page 1235, line 11: delete lines 11 to 15.

AB133-ASA1-AA2,435,21 936. Page 1236, line 12: delete "beginning in fiscal year 2000-01,".

AB133-ASA1-AA2,435,22 937. Page 1238, line 10: after that line insert: