Amendment AA2-AB428

LRBa0980/1

DAK:wlj:mrc

1999 - 2000 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO 1999 ASSEMBLY BILL 428

November 10, 1999 - Offered by Representative Urban.

AB428-AA2,1,1 At the locations indicated, amend the bill as follows:

AB428-AA2,1,2 1. Page 4, line 10: after that line insert:

AB428-AA2,1,3 " Section 4g. 51.30 (10) (bm) of the statutes is created to read:

AB428-AA2,1,7 51.30 (10) (bm) Whoever intentionally discloses confidential information under this section, knowing that the information is confidential, and discloses the information for pecuniary gain may be fined not more than $100,000 or imprisoned not more than 3 years and 6 months, or both.

AB428-AA2, s. 4h Section 4h. 51.30 (10) (bm) of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

AB428-AA2,2,2 51.30 (10) (bm) Whoever intentionally discloses confidential information under this section, knowing that the information is confidential, and discloses the information for pecuniary gain may be fined not more than $100,000 or imprisoned not more than 3 years and 6 months, or both is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not more than $100,000.".

AB428-AA2,2,3 2. Page 5, line 10: after that line insert:

AB428-AA2,2,4 " Section 10g. 146.84 (2) (c) of the statutes is created to read:

AB428-AA2,2,8 146.84 (2) (c) Whoever intentionally discloses confidential information in violation of s. 146.82, knowing that the information is confidential, and discloses the information for pecuniary gain may be fined not more than $100,000 or imprisoned not more than 3 years and 6 months, or both.

AB428-AA2, s. 10h Section 10h. 146.84 (2) (c) of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

AB428-AA2,2,16 146.84 (2) (c) Whoever intentionally discloses confidential information in violation of s. 146.82, knowing that the information is confidential, and discloses the information for pecuniary gain may be fined not more than $100,000 or imprisoned not more than 3 years and 6 months, or both is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not more than $100,000.".

AB428-AA2,2,21 3. Page 5, line 22: after " violation." insert "Whoever intentionally discloses the results of a blood test in violation of sub. (2) (a) 7m., (5) (a) or (5m), knowing that the information is confidential, and discloses the information for pecuniary gain may be fined not more than $100,000 or imprisoned not more than 3 years and 6 months, or both.

AB428-AA2, s. 12g Section 12g. 252.15 (9) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

AB428-AA2,3,10 252.15 (9) Penalties. Whoever intentionally discloses the results of a blood test in violation of sub. (2) (a) 7m., (5) (a) or (5m) and thereby causes bodily harm or psychological harm to the subject of the test may be fined not more than $25,000 or imprisoned not more than 9 months or both. Whoever negligently discloses the results of a blood test in violation of sub. (2) (a) 7m., (5) (a) or (5m) is subject to a forfeiture of not more than $1,000 for each violation. Whoever intentionally discloses the results of a blood test in violation of sub. (2) (a) 7m., (5) (a) or (5m), knowing that the information is confidential, and discloses the information for pecuniary gain is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not more than $100,000.".

AB428-AA2,3,11 4. Page 6, line 20: after that line insert:

AB428-AA2,3,12 " Section 16d. Nonstatutory provisions.

AB428-AA2,3,19 (1r) Reconciliation provision. The amendment of section 51.30 (10) (bm) of the statutes, as created by this act, and section 146.84 (2) (c) of the statutes, as created by this act, and the repeal and recreation of section 252.15 (9) of the statutes, as affected by this act, are void unless the treatment of section 939.50 (1) (i) and (3) (i) of the statutes by 1999 Assembly Bill 465 is enacted into law before July 1, 2000, in exactly the same form as it appears in sections 237 and 246 of 1999 Assembly Bill 465, as passed by the assembly.

AB428-AA2, s. 4s Section 4s. Effective dates. This act takes effect on the day after publication, except as follows:

AB428-AA2,4,2 (1g) If 1999 Assembly Bill 465 has been enacted on or before the day after publication of this act and the day after publication of this act is on or before December 31, 1999, the amendment of sections 51.30 (10) (bm) and 146.84 (2) (c) of the statutes and the repeal and recreation of section 252.15 (9) of the statutes take effect on December 31, 1999.

AB428-AA2,4,7 (2h) If 1999 Assembly Bill 465 has been enacted on or before the day after publication of this act and the day after publication of this act is after December 31, 1999, the amendment of sections 51.30 (10) (bm) and 146.84 (2) (c) of the statutes and the repeal and recreation of section 252.15 (9) of the statutes take effect on the day after publication of this act.

AB428-AA2,4,13 (3i) If 1999 Assembly Bill 465 is enacted after the day after publication of this act but before July 1, 2000, the amendment of sections 51.30 (10) (bm) and 146.84 (2) (c) of the statutes and the repeal and recreation of section 252.15 (9) of the statutes take effect on December 31, 1999, or on the date that the treatment of section 939.50 (1) (i) and (3) (i) of the statutes by 1999 Assembly Bill 465 takes effect, whichever is later.".

AB428-AA2,4,14 (End)