Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,1120,24 1574. Page 1035, line 2: after that line insert:

SB55-ASA1-AA1,1121,1 " Section 3142hb. 253.02 (2m) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1121,7 253.02 (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:

SB55-ASA1-AA1, s. 3142hc Section 3142hc. 253.02 (2m) (c) of the statutes is repealed.".

SB55-ASA1-AA1,1121,9 1575. Page 1035, line 8: after that line insert:

SB55-ASA1-AA1,1121,10 " Section 3142nd. 253.07 (1) (a) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1121,17 253.07 (1) (a) (intro.) "Family planning" means voluntary action by individuals to prevent or aid conception. "Family planning" does not include the performance, promotion, encouragement, or counseling in favor of, or referral either directly or through an intermediary for, voluntary termination of pregnancy, but may include 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:

SB55-ASA1-AA1, s. 3142ne Section 3142ne. 253.07 (1) (a) 3. of the statutes is repealed.

SB55-ASA1-AA1, s. 3142nf Section 3142nf. 253.07 (1) (b) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1122,6 253.07 (1) (b) (intro.) "Family planning services" mean means counseling by trained personnel regarding family planning; distribution of information relating to family planning; and referral to licensed nurse practitioners within the scope of their practice, licensed physicians, or local health departments for consultation, examination, medical treatment, and prescriptions for the purpose of family planning. "Family planning" does not include the performance, promotion, encouragement, or counseling in favor of, or referral either directly or through an intermediary for, voluntary termination of pregnancy, but may include 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:

SB55-ASA1-AA1, s. 3142ng Section 3142ng. 253.07 (1) (b) 3. of the statutes is repealed.".

SB55-ASA1-AA1,1122,8 1576. Page 1035, line 8: after that line insert:

SB55-ASA1-AA1,1122,9 " Section 3142p. 253.09 (title) of the statutes is amended to read:

SB55-ASA1-AA1,1122,11 253.09 (title) Abortion refused Refusal to participate in certain practices; no liability; no discrimination.

SB55-ASA1-AA1, s. 3142pc Section 3142pc. 253.09 (1) of the statutes is renumbered 253.09 (1r) (a) (intro.) and amended to read:

SB55-ASA1-AA1,1122,16 253.09 (1r) (a) (intro.) No hospital shall be is required to admit any patient or to allow the use of the hospital facilities for the purpose of performing a sterilization procedure or removing a human embryo or fetus. any of the following:

SB55-ASA1-AA1,1122,23 (b) A physician or any other person who is a member of or associated with the staff of a hospital, or any employee of a hospital in which such a procedure the performance of an activity specified in par. (a) 1. to 7. has been authorized, who shall state in writing his or her objection to the performance of or providing assistance to such a procedure, in writing, refuses, or states an intention to refuse, to participate in the activity on moral or religious grounds shall not be required to participate in such medical procedure, and the activity.

SB55-ASA1-AA1,1123,7 (c) A physician or any other person who is a member of or associated with the staff of a hospital, or any employee of a hospital, is immune from liability for any damage caused by, and may not be subjected to any disciplinary or recriminatory action based on, the refusal of any such the person to participate therein shall not form the basis of any claim for damages on account of such refusal or for any disciplinary or recriminatory action against such person in an activity specified in par. (a) 1. to 7. on moral or religious grounds.

SB55-ASA1-AA1, s. 3142pe Section 3142pe. 253.09 (1g) of the statutes is created to read:

SB55-ASA1-AA1,1123,9 253.09 (1g) In this section:

SB55-ASA1-AA1,1123,12 (a) "Human embryo" includes any organism that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells.

SB55-ASA1-AA1,1123,15 (b) "Participate in" means to perform, assist in, recommend, counsel in favor of, make referrals for, prescribe, dispense or administer drugs for, or otherwise promote, encourage, or aid.

SB55-ASA1-AA1, s. 3142pf Section 3142pf. 253.09 (1r) (a) 1. to 7. of the statutes are created to read:

SB55-ASA1-AA1,1123,17 253.09 (1r) (a) 1. A sterilization procedure.

SB55-ASA1-AA1,1123,19 2. A procedure involving a drug or device that may prevent the implantation of a fertilized human ovum.

SB55-ASA1-AA1,1123,20 3. An abortion, as defined in s. 253.10 (2) (a).

SB55-ASA1-AA1,1123,21 4. An experiment or medical procedure involving any of the following:

SB55-ASA1-AA1,1123,22 a. The destruction of a human embryo.

SB55-ASA1-AA1,1123,25 b. A human embryo or unborn child, at any stage of development, in which the experiment or procedure is not related to the beneficial treatment of the human embryo or unborn child.

SB55-ASA1-AA1,1124,3 5. A procedure, including a transplant procedure, that uses fetal tissue or organs other than fetal tissue or organs from a stillbirth, spontaneous abortion, or miscarriage.

SB55-ASA1-AA1,1124,8 6. The withholding or withdrawal of nutrition or hydration, if the withholding or withdrawal of nutrition or hydration would result in the patient's death from malnutrition or dehydration, or complications of malnutrition or dehydration, rather than from the underlying terminal illness or injury, unless the administration of nutrition or hydration is medically contraindicated.

SB55-ASA1-AA1,1124,10 7. An act that intentionally causes or assists in causing the death of an individual, such as by assisted suicide, euthanasia, or mercy killing.

SB55-ASA1-AA1, s. 3142ph Section 3142ph. 253.09 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1124,16 253.09 (2) No A hospital or employee of any a hospital shall be liable for any civil damages resulting from is immune from liability for any damage caused by a refusal to perform sterilization procedures or remove a human embryo or fetus from a person, if such participate in an activity specified in sub. (1r) (a) 1. to 7., if the refusal is based on religious or moral precepts.

SB55-ASA1-AA1, s. 3142pj Section 3142pj. 253.09 (3) of the statutes is amended to read:

SB55-ASA1-AA1,1124,24 253.09 (3) No hospital, school, or employer may discriminate against any person with regard to admission, hiring or firing, tenure, term, condition, or privilege of employment, student status, or staff status on the ground that the person refuses to recommend, aid or perform procedures for sterilization or the removal of a human embryo or fetus, or states an intention to refuse, whether or not in writing, to participate in an activity specified in sub. (1r) (a) 1. to 7., if the refusal is based on religious or moral precepts.

SB55-ASA1-AA1, s. 3142pL Section 3142pL. 253.09 (4) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1125,5 253.09 (4) (a) Such individual to perform or assist in the performance of any sterilization procedure or removal of a human embryo or fetus participate in an activity specified in sub. (1r) (a) 1. to 7., if the individual's performance or assistance participation in the performance of such a procedure would be activity is contrary to the individual's religious beliefs or moral convictions; or

SB55-ASA1-AA1, s. 3142pn Section 3142pn. 253.09 (4) (b) 1. of the statutes is amended to read:

SB55-ASA1-AA1,1125,11 253.09 (4) (b) 1. Make its facilities available for the performance of any sterilization procedure or removal of a human embryo or fetus an individual to participate in an activity specified in sub. (1r) (a) 1. to 7., if the performance of such a procedure in such facilities is prohibited by the entity prohibits the activity from taking place in the facilities on the basis of religious beliefs or moral convictions; or

SB55-ASA1-AA1, s. 3142pp Section 3142pp. 253.09 (4) (b) 2. of the statutes is amended to read:

SB55-ASA1-AA1,1125,18 253.09 (4) (b) 2. Provide any personnel for the performance or assistance in the performance of any sterilization procedure or assistance to participate in an activity specified in sub. (1r) (a) 1. to 7., if the performance or assistance in the performance of such procedure or the removal of a human embryo or fetus by such personnel would be activity is contrary to the religious beliefs or moral convictions of such the personnel.

SB55-ASA1-AA1, s. 3142pr Section 3142pr. 253.09 (5) of the statutes is created to read:

SB55-ASA1-AA1,1126,2 253.09 (5) A person who is adversely affected by, or who reasonably may be expected to be adversely affected by, conduct that is in violation of this section may bring a civil action for injunctive relief, including reinstatement, damages, including damages for emotional or psychological distress, or both injunctive relief and damages. In an action under this subsection, the court shall award reasonable attorney fees, notwithstanding s. 814.04 (1), to a person who obtains injunctive relief, an award of damages, or both.".

SB55-ASA1-AA1,1126,3 1577. Page 1035, line 24: after that line insert:

SB55-ASA1-AA1,1126,4 " Section 3143g. 254.02 (3) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1126,11 254.02 (3) (a) The department of agriculture, trade and consumer protection, the department of corrections, the department of commerce, and the department of natural resources environmental management shall enter into memoranda of understanding with the department to establish protocols for the department to review proposed rules of those state agencies relating to air and water quality, occupational health and safety, institutional sanitation, toxic substances, indoor air quality, food protection or waste handling and disposal.".

SB55-ASA1-AA1,1126,12 1578. Page 1037, line 12: after that line insert:

SB55-ASA1-AA1,1126,13 " Section 3147w. 254.47 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1126,20 254.47 (1) Except as provided in sub. (1g) and ss. 250.041 and 254.115, the department or a local health department granted agent status under s. 254.69 (2) shall issue permits to and regulate campgrounds and camping resorts, recreational and educational camps and public swimming pools. No person or state or local government who has not been issued a permit under this section may conduct, maintain, manage or operate a campground and camping resort, recreational camp and educational camp or public swimming pool, as defined by departmental rule.

SB55-ASA1-AA1, s. 3147x Section 3147x. 254.47 (1g) of the statutes is created to read:

SB55-ASA1-AA1,1127,2 254.47 (1g) A campground permit is not required for camping at county or district fairs at which 4-H Club members exhibit, for the 4 days preceding the county or district fair, the duration of the county or district fair, and the 4 days following the county or district fair.".

SB55-ASA1-AA1,1127,3 1579. Page 1038, line 9: after that line insert:

SB55-ASA1-AA1,1127,4 " Section 3150e. 254.51 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1127,9 254.51 (2) The department shall enter into memoranda of understanding with the department of agriculture, trade and consumer protection, the department of commerce, the department of environmental management, and the department of natural resources fish, wildlife, parks, and forestry regarding the investigation and control of animal-borne and vector-borne disease.

SB55-ASA1-AA1, s. 3150h Section 3150h. 254.52 (2) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1127,14 254.52 (2) (intro.) The department, in consultation with the department of public instruction, the department of natural resources fish, wildlife, parks, and forestry and the department of agriculture, trade and consumer protection, shall do all of the following:".

SB55-ASA1-AA1,1127,15 1580. Page 1043, line 12: after that line insert:

SB55-ASA1-AA1,1127,16 " Section 3160k. Chapter 278 of the statutes is created to read:

SB55-ASA1-AA1,1127,19 Chapter 278 Department of Environmental Management

SB55-ASA1-AA1,1127,21 Subchapter I General

SB55-ASA1-AA1,1127,22 278.01 Definitions. (1) In this chapter:

SB55-ASA1-AA1,1127,23 (a) "Department" means the department of environmental management.

SB55-ASA1-AA1,1127,24 (b) "Secretary" means the secretary of environmental management.

SB55-ASA1-AA1,1128,3 278.10 Environmental wardens. (1) The department shall secure the enforcement of all laws that it is required to administer. The persons appointed by the department to enforce those laws shall be known as environmental wardens.

SB55-ASA1-AA1,1128,6 (3) An environmental warden shall, before exercising any powers of an environmental warden, be provided with a commission issued by the department under its seal, substantially as follows:

SB55-ASA1-AA1,1128,8 State of Wisconsin Department of Environmental Management.

SB55-ASA1-AA1,1128,9 To all to whom these presents shall come, greeting:

SB55-ASA1-AA1,1128,14 Know ye, that reposing special trust and confidence in the integrity and ability of ...., of the county of ...., we do hereby appoint and constitute .... an environmental warden (or special environmental warden) for the state of Wisconsin, and do authorize and empower .... to execute and fulfill the duties of that office according to law, during good behavior and the faithful performance of the duties of that office.

SB55-ASA1-AA1,1128,17 In testimony whereof, the secretary has hereunto affixed the secretary's signature and the official seal of the department, at its office in the city of Madison, Wisconsin, this .... day of ...., .... (year)

SB55-ASA1-AA1,1128,18 (Seal) State of Wisconsin

SB55-ASA1-AA1,1128,19 Department of Environmental Management.

SB55-ASA1-AA1,1128,20 By .... ....

SB55-ASA1-AA1,1129,9 (4) The department shall furnish to each environmental warden at the time of the environmental warden's appointment, a pocket identification folder in form and substance as follows: A leather-covered folder, size when folded, 3 by 4 inches; on one of the inner sides thereof shall be securely fastened a photograph of the appointee to be furnished by the appointee, and partly on the photograph and partly on the margin of the folder shall be an impression of the seal of the department. The appointee shall also affix the appointee's signature below the photograph on such folder. On the other inner side of the folder shall be securely fastened a miniature true copy of the commission issued to the appointee, which shall be signed by the secretary. The appointee shall carry the identification folder on his or her person at all times that the appointee is on official duty, and the appointee shall on demand exhibit the folder to any person to whom the appointee may represent himself or herself as an environmental warden. The cost of the identification folder shall be charged to the department.

SB55-ASA1-AA1,1129,17 (5) All environmental wardens shall make full and complete reports of their transactions as such, according to the demand of the department, and shall at all times be subject to its direction and control in the performance of their duties. They shall also gather and transmit all statistical information relative to those matters within their charge as the department directs. In its report under s. 15.04 (1) (d) the department shall include information covering all its work and such other information as is valuable to the state in relation thereto and an itemized statement of receipts and disbursements.

SB55-ASA1-AA1,1130,3 278.11 Warrants, arrests, and police powers. (1) Generally. The department and its wardens may execute and serve warrants and processes issued under any law enumerated in s. 278.51 (1) in the same manner as any constable may serve and execute the process; and may arrest, with or without a warrant, any person detected in the actual violation, or whom the officer has probable cause to believe is guilty of a violation of any of those laws whether the violation is punishable by criminal penalties or by forfeiture, and may take the person before any court in the county where the offense was committed and make a proper complaint. For the purpose of enforcing the laws enumerated in s. 278.51 (1), any officer may stop and board any boat and stop any vehicle, if the officer reasonably suspects there is a violation of those laws.

SB55-ASA1-AA1,1130,23 (2) Additional arrest powers. In addition to the arrest powers under sub. (1), an environmental warden who has completed a program of law enforcement training approved by the law enforcement standards board, has been certified as qualified to be a law enforcement officer under s. 165.85 (4) (b) 1., and has complied with any applicable requirements under s. 165.85 (4) (bn) 1. while on duty and in uniform or on duty and upon display of proper credentials may assist another law enforcement agency, as defined in s. 165.83 (1) (b), including making an arrest at the request of the agency, may arrest a person pursuant to an arrest warrant concerning the commission of a felony, or may arrest a person who has committed a crime in the presence of the environmental warden. If the environmental warden makes an arrest without the presence of another law enforcement agency, the environmental warden shall cause the person arrested to be delivered to the chief of police or sheriff in the jurisdiction where the arrest is made, along with the documents and reports pertaining to the arrest. The environmental warden shall be available as a witness for the state. An environmental warden may not conduct investigations for violations of state law except as authorized in sub. (3). An environmental warden acting under the authority of this subsection is considered an employee of the department and is subject to its direction, benefits and legal protection. The authority granted in this subsection does not apply to special environmental wardens.

SB55-ASA1-AA1,1131,2 (3) Investigations. The department and its environmental wardens shall, upon receiving notice or information of the violation of the laws enumerated in s. 278.51 (1), as soon as possible make a thorough investigation and cause proceedings to be instituted if the evidence warrants it.

SB55-ASA1-AA1,1131,8 (4) Seizure. The department and its environmental wardens shall seize and hold, subject to the order of the court for the county in which the alleged offense was committed, any vehicle, boat, or object that they have probable cause to believe is being used in violation of s. 287.81. If it is proven that within 6 months previous to the seizure the vehicle, boat, or object was used in violation of s. 287.81, it shall be confiscated if the court directs in its order for judgment.

SB55-ASA1-AA1,1131,16 (5) Sale of confiscated property. (a) All confiscated vehicles, boats, or objects shall, if not destroyed as authorized by law, be sold at the highest price obtainable, by the department, or by an agent on commission under supervision of the department. The net proceeds of sales under this subsection, after deducting the expense of seizure and sale, any commissions, and any amounts owing to holders of security interests under par. (c) or (d), shall be remitted to the department. The remittance shall be accompanied by a report of the sales, supported by vouchers for expenses and commissions, and shall be filed with the department.

SB55-ASA1-AA1,1131,19 (b) Of the remittance from the sales of confiscated vehicles, boats, or objects, 18% shall be paid into the general fund to reimburse it for expenses incurred in seizure and sale, and the remaining 82% shall be paid into the common school fund.

SB55-ASA1-AA1,1132,2 (c) 1. In the case of the sale of a confiscated motor vehicle, the department shall make a reasonable effort, within 10 days after seizure, to ascertain if a security interest in the seized motor vehicle exists. The department shall, within 10 days after obtaining actual or constructive notice of any security interest in the seized motor vehicle, give the secured party notice of the time and place of any proceeding before a court pertaining to the confiscation of the motor vehicle. Constructive notice shall be limited to security interests perfected by filing.

SB55-ASA1-AA1,1132,6 2. The time of sale of the confiscated motor vehicle shall be within 20 days after judgment of confiscation as provided in sub. (4). The department shall give each secured party discovered in accordance with subd. 1. at least 10 days' notice of the time and place of sale of the motor vehicle.

SB55-ASA1-AA1,1132,17 3. If the holder of a security interest in the confiscated motor vehicle, perfected by filing, proves to the court, or after judgment of confiscation, to the department, that the violation that led to the confiscation was not with the knowledge, consent, or connivance of the holder of the security interest or with that of some person employed or trusted by the holder of the security interest, the amount due under the security agreement, together with any other deductions authorized under par. (a), shall be deducted from the proceeds of the sale of the confiscated motor vehicle and the amount due shall be paid to the one entitled. If a sufficient amount does not remain for the full payment of the amount due under the security agreement after making the other deductions authorized under par. (a), the amount remaining shall be paid to the one entitled.

SB55-ASA1-AA1,1132,19 (d) The provisions of s. 973.075 (1) (b) 2m. and (5) apply to boats and vehicles, other than motor vehicles, under this subsection.

SB55-ASA1-AA1,1132,25 278.12 Exemption from liability. Members of the environmental management board, and each environmental warden, in the performance of official duties, are exempt from liability to any person for acts done or permitted or property destroyed by authority of law. No taxable costs or attorney fees shall be allowed to either party in an action against a member of the environmental management board or an environmental warden.

SB55-ASA1-AA1,1133,3 278.13 Resisting an environmental warden. Any person who assaults or otherwise resists or obstructs any environmental warden in the performance of duty is subject to the penalty specified in s. 939.51 (3) (a).

SB55-ASA1-AA1,1133,7 278.14 False impersonation of environmental warden. Any person who falsely represents himself or herself to be an environmental warden or who assumes to act as an environmental warden without having been first duly appointed is subject to the penalty specified in s. 939.51 (3) (a).

SB55-ASA1-AA1,1133,13 278.16 Periodicals. (1) Publication. The department may produce, issue, or reprint magazines or other periodicals, on a periodic basis as it determines, pertaining to environmental quality and other similar subjects of general information. The department may distribute its magazines and periodicals by subscription. The department shall charge a fee for any of its magazines or periodicals.