Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,684,6 134.60 Cutting or transportation of evergreens. No person may cut for sale in its natural condition and untrimmed, with or without roots, any evergreen or coniferous tree, branch, bough, bush, sapling or shrub, from the lands of another without the written consent of the owner, whether such land is publicly or privately owned. The written consent shall contain the legal description of the land where the tree, branch, bough, bush, sapling or shrub was cut, as well as the name of the legal owner. The written consent or a certified copy of the consent shall be carried by every person in charge of the cutting or removing of the trees, branches, boughs, bushes, saplings or shrubs, and shall be exhibited to any officer of the law, state forest ranger, forest patrol officer, conservation warden, or other officer of the department of natural resources or the department of forestry at the officer's request at any time. The officer may inspect the trees, branches, boughs, bushes, saplings or shrubs when being transported in any vehicle or other means of conveyance and may investigate to determine whether or not this section has been complied with. The officer may stop any vehicle or means of conveyance found carrying any trees, branches, boughs, bushes, saplings or shrubs upon any public highway of this state for the purpose of making such inspection and investigation, and may seize and hold, subject to the order of the court, any such trees, bushes, saplings or shrubs found being cut, removed or transported in violation of this section. No person may ship or transport any such trees, bushes, saplings or shrubs outside the county where they were cut unless the person attaches to the outside of each package, box, bale, truckload or carload shipped a tag or label on which appears the person's name and address. No common carrier or truck hauler may receive for shipment or transportation any such trees, bushes, saplings or shrubs unless the tag or label is attached. Any person who violates this section shall be fined not less than $10 nor more than $100. Any person who signs any such written consent or certified copy under this section who is not authorized to do so, and any person who lends or transfers or offers to lend or transfer any such written consent or certified copy to another person who is not entitled to use it, and any person not entitled to use any such written consent or certified copy, or who borrows, receives or solicits from another any such written consent or certified copy thereof shall be fined not less than $100 nor more than $500.".

SB55-SSA1-CA1,684,8 1246. Page 939, line 17: delete the material beginning with that line and ending with page 940, line 4.

SB55-SSA1-CA1,684,9 1247. Page 940, line 4: after that line insert:

SB55-SSA1-CA1,684,10 " Section 2818. 134.72 (title) of the statutes is amended to read:

SB55-SSA1-CA1,684,12 134.72 (title) Prohibition of certain unsolicited messages by telephone or facsimile machine.

SB55-SSA1-CA1, s. 2819b Section 2819b. 134.72 (1) (c) of the statutes is renumbered 100.52 (1) (i) and amended to read:

SB55-SSA1-CA1,684,19 100.52 (1) (i) "Telephone solicitation" means the unsolicited initiation of a telephone conversation for the purpose of encouraging a person the recipient of the telephone call to purchase property, goods or services or to make a contribution, donation, grant, or pledge of money, credit, property, or other thing of any kind or value.

SB55-SSA1-CA1, s. 2820d Section 2820d. 134.72 (2) (a) (title) of the statutes is repealed.

SB55-SSA1-CA1, s. 2821b Section 2821b. 134.72 (2) (a) of the statutes is renumbered 100.52 (4) (a) (intro.) and amended to read:

SB55-SSA1-CA1,684,24 100.52 (4) (a) (intro.) No person may use A telephone solicitor or an employee or contractor of a telephone solicitor may not do any of the following:

SB55-SSA1-CA1,685,2 1. Use an electronically prerecorded message in telephone solicitation without the consent of the person called recipient of the telephone call.

SB55-SSA1-CA1, s. 2822 Section 2822. 134.72 (2) (b) (title) of the statutes is repealed.

SB55-SSA1-CA1, s. 2822m Section 2822m. 134.72 (2) (b) of the statutes is renumbered 134.72 (2), and 134.72 (2) (b), as renumbered, is amended to read:

SB55-SSA1-CA1,685,9 134.72 (2) (b) Notwithstanding subd. 1. par. (a), a person may not make a facsimile solicitation to a person who has notified the facsimile solicitor in writing or by facsimile transmission that the person does not want to receive facsimile solicitation.

SB55-SSA1-CA1, s. 2824 Section 2824. 134.72 (3) (a) of the statutes is amended to read:

SB55-SSA1-CA1,685,12 134.72 (3) (a) Intrastate. This section applies to any intrastate telephone solicitation or intrastate facsimile solicitation.

SB55-SSA1-CA1, s. 2825 Section 2825. 134.72 (3) (b) of the statutes is amended to read:

SB55-SSA1-CA1,685,15 134.72 (3) (b) Interstate. This section applies to any interstate telephone solicitation, or interstate facsimile solicitation, received by a person in this state.

SB55-SSA1-CA1, s. 2826 Section 2826. 134.72 (4) of the statutes is amended to read:

SB55-SSA1-CA1,685,18 134.72 (4) Penalty. A person who violates this section may be required to forfeit up to not more than $500.".

SB55-SSA1-CA1,685,19 1248. Page 940, line 4: after that line insert:

SB55-SSA1-CA1,685,20 " Section 2826m. 134.73 of the statutes is created to read:

SB55-SSA1-CA1,685,22 134.73 Identification of prisoner making telephone solicitation. (1) Definitions. In this section:

SB55-SSA1-CA1,685,23 (a) "Contribution" has the meaning given in s. 440.41 (5).

SB55-SSA1-CA1,686,2 (b) "Prisoner" means a prisoner of any public or private correctional or detention facility that is located within or outside this state.

SB55-SSA1-CA1,686,3 (c) "Solicit" has the meaning given in s. 440.41 (8).

SB55-SSA1-CA1,686,5 (d) "Telephone solicitation" means the unsolicited initiation of a telephone conversation for any of the following purposes:

SB55-SSA1-CA1,686,6 1. To encourage a person to purchase property, goods, or services.

SB55-SSA1-CA1,686,7 2. To solicit a contribution from a person.

SB55-SSA1-CA1,686,8 3. To conduct an opinion poll or survey.

SB55-SSA1-CA1,686,10 (2) Requirements. A prisoner who makes a telephone solicitation shall do all of the following immediately after the person called answers the telephone:

SB55-SSA1-CA1,686,11 (a) Identify himself or herself by name.

SB55-SSA1-CA1,686,12 (b) State that he or she is a prisoner.

SB55-SSA1-CA1,686,14 (c) Inform the person called of the name of the correctional or detention facility in which he or she is a prisoner and the city and state in which the facility is located.

SB55-SSA1-CA1,686,16 (3) Territorial application. (a) Intrastate. This section applies to any intrastate telephone solicitation.

SB55-SSA1-CA1,686,18 (b) Interstate. This section applies to any interstate telephone solicitation received by a person in this state.

SB55-SSA1-CA1,686,20 (4) Penalties. (a) A prisoner who violates this section may be required to forfeit not more than $500.

SB55-SSA1-CA1,686,23 (b) If a person who employes a prisoner to engage in telephone solicitation is concerned in the commission of a violation of this section as provided under s. 134.99, the person may be required to forfeit not more than $10,000.

SB55-SSA1-CA1, s. 2826p Section 2826p. 134.95 (2) of the statutes is amended to read:

SB55-SSA1-CA1,687,7 134.95 (2) Supplemental forfeiture. If a fine or a forfeiture is imposed on a person for a violation under s. 100.171, 100.173, 100.174, 100.175, 100.177, 134.71, 134.72, 134.73, or 134.87 or ch. 136 or a rule promulgated under these sections or that chapter, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the fine or forfeiture was imposed, was perpetrated against an elderly person or disabled person and if any of the factors under s. 100.264 (2) (a), (b), or (c) is present.".

SB55-SSA1-CA1,687,8 1249. Page 940, line 5: delete lines 5 to 10.

SB55-SSA1-CA1,687,9 1250. Page 942, line 9: after that line insert:

SB55-SSA1-CA1,687,10 " Section 2841m. 139.03 (5) (b) 2. of the statutes is amended to read:

SB55-SSA1-CA1,687,17 139.03 (5) (b) 2. A person who is a member of the national guard, the U. S. armed forces or a reserve component of the U. S. armed forces; who is a state resident; and who leaves a foreign country, after spending at least 48 hours in that foreign country on duty or for training, with the purpose of entering into this state may bring into the state, in sealed original containers and in the person's immediate possession, intoxicating liquor and wine in an aggregate amount not exceeding 6 16 liters without paying the tax imposed under this subchapter on that amount.".

SB55-SSA1-CA1,687,18 1251. Page 942, line 16: delete "34" and substitute " 38.5".

SB55-SSA1-CA1,687,19 1252. Page 942, line 18: delete "68" and substitute " 77".

SB55-SSA1-CA1,687,20 1253. Page 944, line 19: delete "30%" and substitute " 25%".

SB55-SSA1-CA1,687,21 1254. Page 944, line 21: delete "30%" and substitute " 25%".

SB55-SSA1-CA1,687,22 1255. Page 945, line 5: delete "30%" and substitute " 25%".

SB55-SSA1-CA1,687,23 1256. Page 946, line 6: after that line insert:

SB55-SSA1-CA1,688,1 " Section 2850ag. 146.56 (1) of the statutes is amended to read:

SB55-SSA1-CA1,688,6 146.56 (1) Not later than July 1, 2002, 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.

SB55-SSA1-CA1, s. 2850ah Section 2850ah. 146.56 (2) of the statutes is amended to read:

SB55-SSA1-CA1,688,18 146.56 (2) The department shall promulgate rules to develop and implement the system. The rules shall include a method by which to classify all hospitals as to their respective emergency care capabilities. The classification rule shall be based on standards developed by the American College of Surgeons. Within 180 days after promulgation of the classification rule, and every 4 3 years thereafter, each hospital shall certify to the department the classification level of trauma care services that is provided by the hospital, based on the rule. The department may require a hospital to document the basis for its certification. The department may not direct a hospital to establish a certain level of certification. Confidential injury data that is collected under this subsection shall be used for confidential review relating to performance improvements in the trauma care system, and may be used for no other purpose.".

SB55-SSA1-CA1,688,19 1257. Page 946, line 7: delete lines 7 to 13 and substitute:

SB55-SSA1-CA1,688,20 " Section 2850bc. 146.65 of the statutes is created to read:

SB55-SSA1-CA1,688,22 146.65 Rural health dental clinics. (1) From the appropriation under s. 20.435 (5) (dm), the department shall distribute moneys as follows:

SB55-SSA1-CA1,689,3 (a) In state fiscal year 2001-02, not more than $618,000 and in fiscal year 2002-03, not more than $232,000, to the rural health dental clinic located in Ladysmith that provides dental services to persons who are developmentally disabled or elderly or who have low income, in the counties of Rusk, Price, Taylor, Sawyer, and Chippewa.

SB55-SSA1-CA1,689,8 (b) In fiscal year 2001-02, not more than $294,500 and in state fiscal year 2002-03, not more than $355,600, to the rural health dental clinic located in Menomonie that provides dental services to persons who are developmentally disabled or elderly or who have low income, in the counties of Barron, Chippewa, Dunn, Pepin, Pierce, Polk, and St. Croix.

SB55-SSA1-CA1,689,10 (2) The department shall also seek federal funding to support the operations of the rural health dental clinics under sub. (1).".

SB55-SSA1-CA1,689,11 1258. Page 946, line 13: after that line insert:

SB55-SSA1-CA1,689,12 " Section 2850bm. 148.19 (2) of the statutes is amended to read:

SB55-SSA1-CA1,689,15 148.19 (2) Legal counsel, certified public accountants licensed or certified under ch. 442, or other persons as to matters the director or officer believes in good faith are within the person's professional or expert competence.".

SB55-SSA1-CA1,689,16 1259. Page 946, line 13: after that line insert:

SB55-SSA1-CA1,689,17 " Section 2850bg. 146.83 (1) (b) of the statutes is amended to read:

SB55-SSA1-CA1,689,19 146.83 (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).

SB55-SSA1-CA1, s. 2850bh Section 2850bh. 146.83 (1) (c) of the statutes is amended to read:

SB55-SSA1-CA1,689,23 146.83 (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).

SB55-SSA1-CA1, s. 2850bi Section 2850bi. 146.83 (3m) of the statutes is created to read:

SB55-SSA1-CA1,690,8 146.83 (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:

SB55-SSA1-CA1,690,10 1. Operating expenses, such as wages, rent, utilities, and duplication equipment and supplies.

SB55-SSA1-CA1,690,12 2. The varying cost of retrieval of records, based on the different media on which the records are maintained.

SB55-SSA1-CA1,690,14 3. The cost of separating requested patient health care records from those that are not requested.

SB55-SSA1-CA1,690,15 4. The cost of duplicating requested patient health care records.

SB55-SSA1-CA1,690,16 5. The impact on costs of advances in technology.

SB55-SSA1-CA1,690,18 (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.".

SB55-SSA1-CA1,690,19 1260. Page 946, line 25: after that line insert:

SB55-SSA1-CA1,690,20 " Section 2850dm. 149.135 of the statutes is created to read:

SB55-SSA1-CA1,690,21 149.135 Special small employer insurer assessment. (1) In this section:

SB55-SSA1-CA1,691,2 (a) "Discontinued individual" means an individual who was covered under the health benefit plan subject to ch. 635 that was discontinued by the small employer insurer that provided the health benefit plan and who obtained coverage under the plan under this chapter after the coverage under the health benefit plan was discontinued.

SB55-SSA1-CA1,691,3 (b) "Health benefit plan" has the meaning given in s. 632.745 (11).

SB55-SSA1-CA1,691,4 (c) "Small employer" has the meaning given in s. 635.02 (7).

SB55-SSA1-CA1,691,5 (d) "Small employer insurer" has the meaning given in s. 635.02 (8).

SB55-SSA1-CA1,691,8 (2) (a) Except as provided in sub. (3), a small employer insurer that discontinues coverage under a health benefit plan that is subject to ch. 635 shall pay a special assessment for each discontinued individual.

SB55-SSA1-CA1,691,17 (b) The assessment under this subsection shall be determined by multiplying the small employer insurer's number of discontinued individuals by the average cost of an eligible person in the year in which the small employer insurer discontinued the coverage under the health benefit plan. The average cost of an eligible person in the year in which the health benefit plan was discontinued shall be determined by deducting from the total costs of the plan under this chapter in that year all premiums paid in that year by all persons with coverage under the plan under this chapter, and then by dividing that amount by the total number of persons with coverage under the plan under this chapter in that year.

SB55-SSA1-CA1,691,21 (c) The assessment under this subsection shall also include all costs that are incurred by the small employer insurer's discontinued individuals during their first 6 months of coverage under the plan under this chapter and that are attributable to preexisting conditions.

SB55-SSA1-CA1,691,23 (d) The board shall determine when a small employer insurer must pay the assessment under this section.

SB55-SSA1-CA1,692,3 (3) The assessment under sub. (2) does not apply if the small employer insurer discontinued coverage under the health benefit plan subject to ch. 635 for any of the following reasons:

SB55-SSA1-CA1,692,5 (a) The small employer failed to pay premiums or contributions in accordance with the terms of the health benefit plan or in a timely manner.