Amendment JR2 SSA1-AB1

AB1-SSA1,172,3 146.60 (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.

AB1-SSA1, s. 336 Section 336. 146.70 (10) (a) of the statutes is amended to read:

AB1-SSA1,172,10 146.70 (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.

AB1-SSA1, s. 336L Section 336L. 150.401 of the statutes is created to read:

AB1-SSA1,172,18 150.401 Redistribution of nursing home beds to replace transferred beds. (1) Notwithstanding ss. 150.33, 150.35, and 150.39, from the nursing home beds that are available under s. 150.31, the department shall redistribute a number of beds that corresponds to the number of approved beds of a nursing home whose owner has transferred to another location, resulting in the loss of a nursing home within 15 miles of a city with a population of 4,474 in 1990 in a county with a population of 30,226 in 1990.

AB1-SSA1,172,20 (2) All of the following apply to the redistributed nursing home beds under sub. (1):

AB1-SSA1,172,22 (a) The beds may be redistributed only to a location in a city that is specified in sub. (1).

AB1-SSA1,172,25 (b) A person may not receive approval for the beds unless the person submits to the department, on a form provided by the department, an application that meets the requirements under s. 150.33 (2).

AB1-SSA1, s. 337 Section 337. 154.15 (2) of the statutes is amended to read:

AB1-SSA1,173,8 154.15 (2) Any person who, with the intent to cause a withholding or withdrawal of life-sustaining procedures or feeding tubes contrary to the wishes of the declarant, illegally falsifies or forges the declaration of another or conceals a declaration revoked under s. 154.05 (1) (a) or (b) or any person who intentionally withholds actual knowledge of a revocation under s. 154.05 shall be fined not more than $10,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.

AB1-SSA1, s. 338 Section 338. 154.29 (2) of the statutes is amended to read:

AB1-SSA1,173,16 154.29 (2) Any person who, with the intent to cause the withholding or withdrawal of resuscitation contrary to the wishes of any patient, falsifies, forges or transfers a do-not-resuscitate bracelet to that patient or conceals the revocation under s. 154.21 of a do-not-resuscitate order or any responsible person who withholds personal knowledge of a revocation under s. 154.21 shall be fined not more than $10,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.

AB1-SSA1, s. 339 Section 339. 165.85 (4) (b) 1. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1,175,8 165.85 (4) (b) 1. No person may be appointed as a law enforcement or tribal law enforcement officer, except on a temporary or probationary basis, unless the person has satisfactorily completed a preparatory program of law enforcement training approved by the board and has been certified by the board as being qualified to be a law enforcement or tribal law enforcement officer. The program shall include 400 hours of training, except the program for law enforcement officers who serve as rangers for the department of natural resources includes 240 hours of training. The board shall promulgate a rule under ch. 227 providing a specific curriculum for a 400-hour conventional program and a 240-hour ranger program. The rule shall ensure that there is an adequate amount of training for each program to enable the person to deal effectively with domestic abuse incidents, including training that addresses the emotional and psychological effect that domestic abuse has on victims. The training under this subdivision shall include training on emergency detention standards and procedures under s. 51.15, emergency protective placement standards and procedures under s. 55.06 (11) and information on mental health and developmental disabilities agencies and other resources that may be available to assist the officer in interpreting the emergency detention and emergency protective placement standards, making emergency detentions and emergency protective placements and locating appropriate facilities for the emergency detentions and emergency protective placements of persons. The training under this subdivision shall include at least one hour of instruction on recognizing the symptoms of Alzheimer's disease or other related dementias and interacting with and assisting persons who have Alzheimer's disease or other related dementias. The training under this subdivision shall include training on police pursuit standards, guidelines and driving techniques established under par. (cm) 2. b. The period of temporary or probationary employment established at the time of initial employment shall not be extended by more than one year for an officer lacking the training qualifications required by the board. The total period during which a person may serve as a law enforcement and tribal law enforcement officer on a temporary or probationary basis without completing a preparatory program of law enforcement training approved by the board shall not exceed 2 years, except that the board shall permit part-time law enforcement and tribal law enforcement officers to serve on a temporary or probationary basis without completing a program of law enforcement training approved by the board to a period not exceeding 3 years. For purposes of this section, a part-time law enforcement or tribal law enforcement officer is a law enforcement or tribal law enforcement officer who routinely works not more than one-half the normal annual work hours of a full-time employee of the employing agency or unit of government. Law enforcement training programs including municipal, county and state programs meeting standards of the board are acceptable as meeting these training requirements.

AB1-SSA1, s. 340 Section 340. 165.85 (4) (b) 1d. of the statutes is created to read:

AB1-SSA1,175,11 165.85 (4) (b) 1d. Any training program developed under subd. 1. shall include all of the following:

AB1-SSA1,175,14 a. An adequate amount of training to enable the person being trained to deal effectively with domestic abuse incidents, including training that addresses the emotional and psychological effect that domestic abuse has on victims.

AB1-SSA1,175,21 b. Training on emergency detention standards and procedures under s. 51.15, emergency protective placement standards and procedures under s. 55.06 (11), and information on mental health and developmental disabilities agencies and other resources that may be available to assist the officer in interpreting the emergency detention and emergency protective placement standards, making emergency detentions and emergency protective placements, and locating appropriate facilities for the emergency detentions and emergency protective placements of persons.

AB1-SSA1,175,24 c. At least one hour of instruction on recognizing the symptoms of Alzheimer's disease or other related dementias and interacting with and assisting persons who have Alzheimer's disease or other related dementias.

AB1-SSA1,176,2 d. Training on police pursuit standards, guidelines, and driving techniques established under par. (cm) 2. b.

AB1-SSA1,176,3 e. Training on responding to an act of terrorism, as defined in s. 146.50 (1) (ag).

AB1-SSA1, s. 341 Section 341. 166.20 (11) (b) of the statutes is amended to read:

AB1-SSA1,176,8 166.20 (11) (b) Any person who knowingly and wilfully fails to report the release of a hazardous substance covered under 42 USC 11004 as required under sub. (5) (a) 2. or any rule promulgated under sub. (5) (a) 2. shall is subject to the following penalties:

AB1-SSA1,176,12 1. For the first offense, the person 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 less than $100 nor more than $25,000 or imprisoned for not more than 3 years or both.

AB1-SSA1,176,16 2. For the 2nd and subsequent offenses, the person 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 less than $200 nor more than $50,000 or imprisoned for not more than 3 years or both.

AB1-SSA1, s. 342 Section 342. 167.10 (9) (g) of the statutes is amended to read:

AB1-SSA1,176,20 167.10 (9) (g) Whoever violates sub. (6m) (a), (b) or (c) or a rule promulgated under sub. (6m) (e) may be fined not more than $10,000 or imprisoned for not more than 15 years or both is guilty of a Class G felony.

AB1-SSA1, s. 343 Section 343. 175.20 (3) of the statutes is amended to read:

AB1-SSA1,177,2 175.20 (3) Any person who violates any of the provisions of this section shall may be fined not less than $25 nor more than $1,000 and $10,000 or may be imprisoned for not less than 30 days nor more than 2 years 9 months or both. In addition, the court may revoke the license or licenses of the person or persons convicted.

AB1-SSA1, s. 344 Section 344. 180.0129 (2) of the statutes is amended to read:

AB1-SSA1,177,5 180.0129 (2) Whoever violates this section may be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.

AB1-SSA1, s. 345 Section 345. 181.0129 (2) of the statutes is amended to read:

AB1-SSA1,177,9 181.0129 (2) Penalty. Whoever violates this section may be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.

AB1-SSA1, s. 346 Section 346. 185.825 of the statutes is amended to read:

AB1-SSA1,177,14 185.825 Penalty for false document. Whoever causes a document to be filed, knowing it to be false in any material respect, may be fined not more than $1,000 or imprisoned for not more than 4 years and 6 months or both is guilty of a Class I felony.

AB1-SSA1, s. 347 Section 347. 201.09 (2) of the statutes is amended to read:

AB1-SSA1,177,22 201.09 (2) Every director, president, secretary or other official or agent of any public service corporation, who shall practice fraud or knowingly make any false statement to secure a certificate of authority to issue any security, or issue under a certificate so obtained and with knowledge of such fraud, or false statement, or negotiate, or cause to be negotiated, any security, in violation of this chapter, shall be fined not less than $500 or imprisoned for not less than one year nor more than 15 years or both is guilty of a Class I felony.

AB1-SSA1, s. 348 Section 348. 214.93 of the statutes is amended to read:

AB1-SSA1,178,3 214.93 False statements. A person may not knowingly make, cause, or allow another person to make or cause to be made, a false statement, under oath if required by this chapter or on any report or statement required by the division or by this chapter. In addition to any forfeiture under s. 214.935, a person who violates this section may be imprisoned for not more than 30 years is guilty of a Class F felony.

AB1-SSA1, s. 349 Section 349. 215.02 (6) (b) of the statutes is amended to read:

AB1-SSA1,178,14 215.02 (6) (b) If any person mentioned in par. (a) discloses the name of any debtor of any association or any information about the private account or transactions of such association, discloses any fact obtained in the course of any examination of any association, or discloses examination or other confidential information obtained from any state or federal regulatory authority, including an authority of this state or another state, for financial institutions, mortgage bankers, insurance or securities, except as provided in par. (a), he or she is guilty of a Class I felony and shall forfeit his or her office or position and may be fined not less than $100 nor more than $1,000 or imprisoned for not less than 6 months nor more than 3 years or both.

AB1-SSA1, s. 350 Section 350. 215.12 of the statutes is amended to read:

AB1-SSA1,179,2 215.12 Penalty for dishonest acts; falsification of records. Every officer, director, employee or agent of any association who steals, abstracts, or wilfully misapplies any property of the association, whether owned by it or held in trust, or who, without authority, issues or puts forth any certificate of savings accounts, assigns any note, bond, mortgage, judgment or decree, or, who makes any false entry in any book, record, report or statement of the association with intent to injure or defraud the association or any person or corporation, or to deceive any officer or director of the association, or any other person, or any agent appointed to examine the affairs of such association, or any person who, with like intent, aids or abets any officer, director, employee or agent in the violation of this section, shall be imprisoned in the Wisconsin state prisons for not more than 30 years is guilty of a Class F felony.

AB1-SSA1, s. 351 Section 351. 215.21 (21) of the statutes is amended to read:

AB1-SSA1,179,14 215.21 (21) Penalty for giving or accepting money for loans. Every officer, director, employee or agent of any association, or any appraiser making appraisals for any association, who accepts or receives, or offers or agrees to accept or receive anything of value in consideration of its loaning any money to any person; or any person who offers, gives, presents or agrees to give or present anything of value to any officer, director, employee or agent of any association or to any appraiser making appraisals for any association in consideration of its loaning money to the person, shall be fined not more than $10,000 or imprisoned in the Wisconsin state prisons for not more than 3 years or both is guilty of a Class I felony. Nothing in this subsection prohibits an association from employing an officer, employee or agent to solicit mortgage loans and to pay the officer, employee or agent on a fee basis.

AB1-SSA1, s. 352 Section 352. 218.21 (7) of the statutes is amended to read:

AB1-SSA1,179,19 218.21 (7) Any person who knowingly makes a false statement in an application for a motor vehicle salvage dealer license may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1-SSA1, s. 353 Section 353. 220.06 (2) of the statutes is amended to read:

AB1-SSA1,180,3 220.06 (2) If any employee in the division or any member of the banking review board or any employee thereof discloses the name of any debtor of any bank or licensee, or anything relative to the private account or transactions of such bank or licensee, or any fact obtained in the course of any examination of any bank or licensee, except as herein provided, that person is guilty of a Class I felony and shall be subject, upon conviction, to forfeiture of office or position and may be fined not less than $100 nor more than $1,000 or imprisoned for not less than 6 months nor more than 3 years or both.

AB1-SSA1, s. 354 Section 354. 221.0625 (2) (intro.) of the statutes is amended to read:

AB1-SSA1,180,7 221.0625 (2) Penalty. (intro.) An officer or director of a bank who, in violation of this section, directly or indirectly does any of the following may be imprisoned for not more than 15 years is guilty of a Class F felony:

AB1-SSA1, s. 355 Section 355. 221.0636 (2) of the statutes is amended to read:

AB1-SSA1,180,10 221.0636 (2) Penalty. Any person who violates sub. (1) may be imprisoned for not more than 30 years is guilty of a Class H felony.

AB1-SSA1, s. 356 Section 356. 221.0637 (2) of the statutes is amended to read:

AB1-SSA1,180,14 221.0637 (2) Penalties. Any person who violates sub. (1) may be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.

AB1-SSA1, s. 357 Section 357. 221.1004 (2) of the statutes is amended to read:

AB1-SSA1,180,18 221.1004 (2) Penalties. Any person who violates sub. (1) may be fined not less than $1,000 nor more than $5,000 or imprisoned for not less than one year nor more than 15 years or both is guilty of a Class F felony.

AB1-SSA1, s. 359 Section 359. 227.01 (13) (sm) of the statutes is created to read:

AB1-SSA1,180,20 227.01 (13) (sm) Establishes sentencing guidelines under s. 973.30 (1) (c).

AB1-SSA1, s. 363 Section 363. 230.08 (2) (L) 6. of the statutes is created to read:

AB1-SSA1,180,22 230.08 (2) (L) 6. Sentencing commission.

AB1-SSA1, s. 364 Section 364. 230.08 (2) (of) of the statutes is created to read:

AB1-SSA1,180,24 230.08 (2) (of) The executive director of the sentencing commission.

AB1-SSA1, s. 365b Section 365b. 230.08 (2) (y) of the statutes is repealed.

AB1-SSA1, s. 365d Section 365d. 230.35 (1m) (a) 2. of the statutes is amended to read:

AB1-SSA1,181,3 230.35 (1m) (a) 2. A position designated in s. 19.42 (10) (L) or 20.923 (4), (7), (8), and (9).

AB1-SSA1, s. 365g Section 365g. 230.35 (2) of the statutes is amended to read:

AB1-SSA1,181,15 230.35 (2) Leave of absence with pay owing to sickness and leave of absence without pay, other than annual leave and leave under s. 103.10, shall be regulated by rules of the secretary, except that unused sick leave shall accumulate from year to year. After July 1, 1973, employees appointed to career executive positions under the program established under s. 230.24 or positions designated in s. 19.42 (10) (L) or 20.923 (4), (7), (8), and (9) or authorized under s. 230.08 (2) (e) shall have any unused sick leave credits restored if they are reemployed in a career executive position or in a position under s. 19.42 (10) (L) or 20.923 (4), (7), (8), and (9) or authorized under s. 230.08 (2) (e), regardless of the duration of their absence. Restoration of unused sick leave credits if reemployment is to a position other than those specified above shall be in accordance with rules of the secretary.

AB1-SSA1, s. 366 Section 366. 234.165 (2) (c) (intro.) of the statutes is amended to read:

AB1-SSA1,181,19 234.165 (2) (c) (intro.) Surplus Except as provided in sub. (3), surplus may be expended or encumbered only in accordance with the plan approved under par. (b), except that the authority may transfer from one plan category to another:

AB1-SSA1, s. 366c Section 366c. 234.165 (2) (c) (intro.) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-SSA1,181,24 234.165 (2) (c) (intro.) Except as provided in sub. (3), surplus Surplus may be expended or encumbered only in accordance with the plan approved under par. (b), except that the authority may transfer from one plan category to another:

AB1-SSA1, s. 367 Section 367. 234.165 (3) of the statutes is created to read:

AB1-SSA1,182,7 234.165 (3) For the purpose of housing grants and loans under s. 16.33 and housing organization grants under s. 16.336, in fiscal year 2001-02 the authority shall transfer to the department of administration $1,500,000 of its surplus and in fiscal year 2002-03 the authority shall transfer to the department of administration $3,300,300 of its surplus. The department of administration shall credit all moneys transferred under this subsection to the appropriation account under s. 20.505 (7) (j).

AB1-SSA1, s. 367c Section 367c. 234.165 (3) of the statutes, as created by 2001 Wisconsin Act .... (this act), is repealed.

AB1-SSA1, s. 368 Section 368. 250.15 of the statutes is repealed.

AB1-SSA1, s. 369 Section 369. 253.06 (4) (b) of the statutes is amended to read:

AB1-SSA1,182,16 253.06 (4) (b) A person who violates any provision of this subsection may be fined not more than $10,000 or imprisoned for not more than 3 years, or both, is guilty of a Class I felony for the first offense and 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 for the 2nd or subsequent offense.

AB1-SSA1, s. 370 Section 370. 285.87 (2) (b) of the statutes is amended to read:

AB1-SSA1,182,22 285.87 (2) (b) If the conviction under par. (a) is for a violation committed after another conviction under par. (a), the person shall 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 $50,000 per day of violation or imprisoned for not more than 3 years or both.

AB1-SSA1, s. 370e Section 370e. 287.03 (1) (e) of the statutes is created to read:

AB1-SSA1,182,24 287.03 (1) (e) Promulgate rules to implement s. 287.07 (7) (a) and (10) (a).

AB1-SSA1, s. 370f Section 370f. 287.07 (7) (a) of the statutes is amended to read:

AB1-SSA1,183,7 287.07 (7) (a) The prohibitions in subs. (3) and (4) do not apply with respect to solid waste, except medical waste, as defined in par. (c) 1. cg., that is generated in a region that has an effective recycling program, as determined under s. 287.11 if the solid waste contains no more than an incidental amount of materials specified in subs. (3) and (4), as provided by the department by rule. This paragraph does not apply to solid waste that is separated for recycling as part of an effective recycling program under s. 287.11.

AB1-SSA1, s. 370g Section 370g. 287.07 (9) of the statutes is created to read:

AB1-SSA1,183,14 287.07 (9) Acceptance by solid waste facility. (a) Except as provided under pars. (b) and (c), no person operating a solid waste facility may accept solid waste from a building containing 5 or more dwelling units or a commercial, retail, industrial, or governmental facility that does not provide for the collection of materials that are subject to subs. (3) and (4) and that are separated from other solid waste by users or occupants of the building or facility.

AB1-SSA1,183,16 (b) The department may grant exceptions to par. (a) on a case-by-case basis as necessary to protect public health.

AB1-SSA1,183,20 (c) 1. Paragraph (a) does not apply to a person operating a solid waste facility if the person has implemented a program to minimize the acceptance of recyclable materials at the solid waste facility, and the program complies with the rules promulgated under subd. 2.

AB1-SSA1,183,23 2. The department shall promulgate rules that specify minimum standards for a program that minimizes the acceptance of recyclable materials at a solid waste facility for the purposes of subd. 1.