Amendment SSA1-SB40

SB40-SSA1, s. 2895h Section 2895h. Subchapter IV of chapter 149 [precedes 149.60] of the statutes is repealed.

SB40-SSA1, s. 2898g Section 2898g. 150.84 (2) of the statutes is amended to read:

SB40-SSA1,1262,11 150.84 (2) "Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center or other place licensed or approved by the department under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08 or 51.09 or a facility under s. 45.50, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.

SB40-SSA1, s. 2898h Section 2898h. 153.05 (2r) (intro.) of the statutes, as affected by 2005 Wisconsin Act 228, is amended to read:

SB40-SSA1,1262,22 153.05 (2r) (intro.) Notwithstanding s. 16.75 (1), (2), and (3m), from the appropriation account under s. 20.515 (1) (ut) the department of employee trust funds may expend up to $150,000, and from the appropriation accounts under s. 20.435 (1) (hg) and (hi) the department of health and family services, in its capacity as a public health authority, may expend moneys, to contract with a data organization to perform services under this chapter that are specified for the data organization under sub. (1) (c) or, if s. 153.455 (4) applies, for the department of health and family services to perform or contract for the performance of these services. As condition of the contract under this subsection, all of the following apply:

SB40-SSA1, s. 2898p Section 2898p. 153.05 (2r) (intro.) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-SSA1,1263,9 153.05 (2r) (intro.) Notwithstanding s. 16.75 (1), (2), and (3m), from the appropriation account under s. 20.515 (1) (ut) the department of employee trust funds may expend up to $150,000, and from the appropriation accounts under s. 20.435 (1) (hg) and (hi) the department of health and family services, in its capacity as a public health authority, may expend moneys, to contract with a data organization to perform services under this chapter that are specified for the data organization under sub. (1) (c) or, if s. 153.455 (4) applies, for the department of health and family services to perform or contract for the performance of these services. As condition of the contract under this subsection, all of the following apply:

SB40-SSA1, s. 2898r Section 2898r. 155.01 (6) of the statutes is amended to read:

SB40-SSA1,1263,16 155.01 (6) "Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center or other place licensed or approved by the department under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08 or 51.09 or a facility under s. 45.50, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.

SB40-SSA1, s. 2902 Section 2902. 165.08 of the statutes is amended to read:

SB40-SSA1,1263,25 165.08 Power to compromise. Any civil action prosecuted by the department by direction of any officer, department, board or commission, shall be compromised or discontinued when so directed by such officer, department, board or commission. Any Except as provided in s. 20.931 (7) (b), any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of the governor. In any criminal action prosecuted by the attorney general, the department shall have the same powers with reference to such action as are vested in district attorneys.

SB40-SSA1, s. 2904 Section 2904. 165.25 (11) of the statutes is created to read:

SB40-SSA1,1264,4 165.25 (11) False claims. Diligently investigate possible violations of s. 20.931, and, if the department determines that a person has committed an act that is punishable under s. 20.931, may bring a civil action against that person.

SB40-SSA1, s. 2905 Section 2905. 165.72 (3) of the statutes is amended to read:

SB40-SSA1,1264,9 165.72 (3) Reward payment program. The department shall administer a reward payment program. Under the program, the department may offer and pay rewards from the appropriation under s. 20.455 (2) (e) (m) for information under sub. (2) (a) leading to the arrest and conviction of a person for a violation of ch. 961.

SB40-SSA1, s. 2906 Section 2906. 165.85 (3) (cm) of the statutes is amended to read:

SB40-SSA1,1265,2 165.85 (3) (cm) Decertify law enforcement, tribal law enforcement, jail or secure detention officers who terminate employment or are terminated, who violate or fail to comply with a rule or order of the board relating to curriculum or training, who fail to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or who fail to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings. The board shall establish procedures for decertification in compliance with ch. 227, except that decertification for failure to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or for failure to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings shall be done as provided under sub. (3m) (a).

SB40-SSA1, s. 2907 Section 2907. 165.85 (3m) (a) of the statutes is amended to read:

SB40-SSA1,1265,14 165.85 (3m) (a) As provided in a memorandum of understanding entered into with the department of workforce development children and families under s. 49.857, refuse certification to an individual who applies for certification under this section, refuse recertification to an individual certified under this section or decertify an individual certified under this section if the individual fails to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or if the individual fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings.

SB40-SSA1, s. 2908 Section 2908. 165.85 (3m) (b) 1. of the statutes is amended to read:

SB40-SSA1,1265,25 165.85 (3m) (b) 1. Request that an individual provide the board with his or her social security number when he or she applies for certification or recertification under this section. Except as provided in subd. 2., if an individual who is requested by the board to provide his or her social security number under this paragraph does not comply with the board's request, the board shall deny the individual's application for certification or recertification. The board may disclose a social security number provided by an individual under this paragraph only to the department of workforce development children and families as provided in a memorandum of understanding entered into with the department of workforce development children and families under s. 49.857.

SB40-SSA1, s. 2909 Section 2909. 165.85 (3m) (b) 2. of the statutes is amended to read:

SB40-SSA1,1266,8 165.85 (3m) (b) 2. As a condition of applying for certification or recertification, an individual who does not have a social security number shall submit a statement made or subscribed under oath or affirmation to the board that he or she does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A certification or recertification issued in reliance on a false statement submitted under this subdivision is invalid.

SB40-SSA1, s. 2909h Section 2909h. 165.91 (2) of the statutes is renumbered 165.91 (2) (a) and amended to read:

SB40-SSA1,1266,19 165.91 (2) (a) From the appropriation under s. 20.455 (2) (kw), the department shall provide grants to tribes to fund tribal law enforcement operations. To be eligible for a grant under this section subsection, a tribe must submit an application for a grant to the department that includes a proposed plan for expenditure of the grant moneys. The department shall review any application and plan submitted to determine whether that application and plan meet the criteria established under sub. (3) par. (b). The department shall review the use of grant money provided under this section subsection to ensure that the money is used according to the approved plan.

SB40-SSA1, s. 2909j Section 2909j. 165.91 (3) of the statutes is renumbered 165.91 (2) (b) and amended to read:

SB40-SSA1,1267,2 165.91 (2) (b) The department shall develop criteria and procedures for use in administering this section subsection. The department may not consider the grant under sub. (4) when determining grant awards under this subsection. Notwithstanding s. 227.10 (1), the criteria and procedures need not be promulgated as rules under ch. 227.

SB40-SSA1, s. 2909L Section 2909L. 165.91 (4) of the statutes is created to read:

SB40-SSA1,1267,6 165.91 (4) From the appropriation under s. 20.455 (2) (kw) the department shall annually award the Lac Courte Oreilles band of Lake Superior Chippewa Indians $80,000 for tribal law enforcement services.

SB40-SSA1, s. 2910 Section 2910. 166.03 (2) (a) 5. of the statutes is amended to read:

SB40-SSA1,1267,14 166.03 (2) (a) 5. Provide assistance to the Wisconsin wing of the civil air patrol from the appropriation under s. 20.465 (3) (f) (y) for the purpose of enabling the patrol to perform its assigned missions and duties as prescribed by U.S. air force regulations. Expenses eligible for assistance are aircraft acquisition and maintenance, communications equipment acquisition and maintenance and office staffing and operational expenses. The civil air patrol shall submit vouchers for expenses eligible for assistance to the division.

SB40-SSA1, s. 2911 Section 2911. 166.215 (1) of the statutes is amended to read:

SB40-SSA1,1268,4 166.215 (1) Beginning July 1, 2001, the division shall contract with no more than 9 regional emergency response teams, one of which shall be located in La Crosse County. Each regional emergency response team shall assist in the emergency response to level A releases in a region of this state designated by the division. The division shall contract with at least one regional emergency response team in each area designated under s. 166.03 (2) (b) 1. The division may only contract with a local agency, as defined in s. 166.22 (1) (c), under this subsection. A member of a regional emergency response team shall meet the highest standards for a hazardous materials responder in 29 CFR 1910.120 (q) (6) (iv) and National Fire Protection Association standards NFPA 471 and 472. Regional emergency response teams shall have at least one member that is trained in each of the appropriate specialty areas under National Fire Protection Association standard NFPA 472. Payments to regional emergency response teams under this subsection shall be made from the appropriation account under s. 20.465 (3) (dd) (u).

SB40-SSA1, s. 2912 Section 2912. 166.215 (2) of the statutes is amended to read:

SB40-SSA1,1268,17 166.215 (2) The division shall reimburse a regional emergency response team for costs incurred by the team in responding to an emergency involving a level A release, or a potential level A release, if the team followed the procedures in the rules promulgated under s. 166.20 (2) (bs) 1. to determine if an emergency requiring a response existed. Reimbursement under this subsection is limited to amounts collected under sub. (3) and the amounts appropriated under s. 20.465 (3) (dr) (x). Reimbursement is available under s. 20.465 (3) (dr) (x) only if the regional emergency response team has made a good faith effort to identify the person responsible under sub. (3) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the regional emergency response team.

SB40-SSA1, s. 2913 Section 2913. 166.22 (3m) of the statutes is amended to read:

SB40-SSA1,1269,5 166.22 (3m) The division shall reimburse a local emergency response team for costs incurred by the team in responding to an emergency involving a hazardous substance release, or potential release, if the team followed the procedures in the rules promulgated under s. 166.20 (2) (bs) 2. to determine if an emergency requiring the team's response existed. Reimbursement under this subsection is limited to the amount appropriated under s. 20.465 (3) (dr) (x). Reimbursement is available under s. 20.465 (3) (dr) (x) only if the local emergency response team has made a good faith effort to identify the person responsible under sub. (4) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the local emergency response team.

SB40-SSA1, s. 2913c Section 2913c. 167.10 (3) (c) (intro.) of the statutes is amended to read:

SB40-SSA1,1269,8 167.10 (3) (c) (intro.) A permit under this subsection may be issued only to the following persons:

SB40-SSA1, s. 2913d Section 2913d. 167.10 (3) (c) 6. of the statutes is repealed and recreated to read:

SB40-SSA1,1269,11 167.10 (3) (c) 6. Any individual or group of individuals.

SB40-SSA1, s. 2913e Section 2913e. 167.10 (4) of the statutes is amended to read:

SB40-SSA1,1269,19 167.10 (4) Out-of-state and in-state shipping. This section does not prohibit a resident wholesaler or jobber from selling fireworks to a person outside of this state nonresident person or to a person or group granted a permit under sub. (3) (c) 1. to 7. A resident wholesaler or jobber that ships the fireworks sold under this subsection shall package and ship the fireworks in accordance with applicable state and federal law by, as defined in s. 194.01 (1), (2) and (11), common motor carrier, contract motor carrier or private motor carrier.

SB40-SSA1, s. 2913g Section 2913g. 167.31 (1) (b) of the statutes is renumbered 167.31 (1) (b) (intro.) and amended to read:

SB40-SSA1,1269,22 167.31 (1) (b) (intro.) "Encased" means any of the following:

SB40-SSA1,1269,25 1. In the case of a firearm, it is enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed.

SB40-SSA1, s. 2913j Section 2913j. 167.31 (1) (b) 2. of the statutes is created to read:

SB40-SSA1,1270,3 167.31 (1) (b) 2. In the case of a bow or a crossbow, it is enclosed in a carrying case.

SB40-SSA1, s. 2913k Section 2913k. 167.31 (1) (g) 4. of the statutes is created to read:

SB40-SSA1,1270,6 167.31 (1) (g) 4. In the case of a crossbow, having the crossbow uncocked without a bolt in firing position.

SB40-SSA1, s. 2913L Section 2913L. 167.31 (2) (a) of the statutes is amended to read:

SB40-SSA1,1270,11 167.31 (2) (a) Except as provided in sub. (4), no person may place, possess, or transport a firearm, bow, or crossbow in or on a motorboat with the motor running, unless the firearm is unloaded or unless the bow or, unless the crossbow is unloaded and encased, or unless the bow is unstrung or is enclosed in a carrying case encased.

SB40-SSA1, s. 2913m Section 2913m. 167.31 (2) (b) of the statutes is amended to read:

SB40-SSA1,1270,18 167.31 (2) (b) Except as provided in sub. (4), no person may place, possess or transport a firearm, bow or crossbow in or on a vehicle , unless the firearm or crossbow is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case. No person may place, possess, or transport a firearm or crossbow in or on a vehicle that is moving or has a running motor unless it is also encased or beyond the arm's reach of the operator and the occupants of the vehicle.

SB40-SSA1, s. 2913n Section 2913n. 167.31 (2) (bn) of the statutes is created to read:

SB40-SSA1,1270,23 167.31 (2) (bn) Except as provided in sub. (4), no person may place, possess, or transport a bow in a vehicle that is moving or has a running motor unless the bow is encased or unstrung or unless the bow is beyond the arm's reach of the operator and the occupants of the vehicle.

SB40-SSA1, s. 2913p Section 2913p. 167.31 (3) (a) of the statutes is amended to read:

SB40-SSA1,1271,4 167.31 (3) (a) Except as provided in sub. (4), no person may place, possess, or transport a firearm, bow, or crossbow in or on an aircraft, unless the firearm or crossbow is unloaded and encased or unless the bow is unstrung or encased or crossbow is unstrung or is enclosed in a carrying case.

SB40-SSA1, s. 2913q Section 2913q. 167.31 (4) (cg) 5. of the statutes is amended to read:

SB40-SSA1,1271,8 167.31 (4) (cg) 5. The vehicle bears a special registration plates plate issued under s. 341.14 (1), (1a), (1e), (1m) or (1r) or displays a sign that is at least 11 inches square on which is conspicuously written "disabled hunter".

SB40-SSA1, s. 2913t Section 2913t. 169.20 (1) (a) of the statutes is amended to read:

SB40-SSA1,1271,13 169.20 (1) (a) The department shall issue a bird dog training license to any individual who is at least 12 years of age, or the age specified by the department by rule under s. 29.592 (5), whichever age is lower, and who files a proper application and who pays the applicable fee.

SB40-SSA1, s. 2913u Section 2913u. 169.20 (2) (a) of the statutes is amended to read:

SB40-SSA1,1271,17 169.20 (2) (a) The department shall issue a hound dog training license to any individual who is at least 12 years of age, or the age specified by the department by rule under s. 29.592 (5), whichever age is lower, and who pays the applicable fee.

SB40-SSA1, s. 2913w Section 2913w. 169.33 (2) (d) of the statutes is amended to read:

SB40-SSA1,1271,21 169.33 (2) (d) An individual who applies for a bird dog training license or a hound dog training license shall be at least 12 years of age, or the age specified by the department by rule under s. 29.592 (5), whichever age is lower.

SB40-SSA1, s. 2914 Section 2914. 169.34 (2) of the statutes is amended to read:

SB40-SSA1,1272,2 169.34 (2) Disclosure of social security numbers. The department of natural resources may not disclose any social security numbers received under sub. (1) to any person except to the department of workforce development children and families for the sole purpose of administering s. 49.22.

SB40-SSA1, s. 2915 Section 2915. 169.34 (3) (a) of the statutes is amended to read:

SB40-SSA1,1272,13 169.34 (3) (a) As provided in the memorandum of understanding required under s. 49.857 (2), the department of natural resources shall deny an application to issue or renew, to suspend if already issued, or to otherwise withhold or restrict a license issued under this chapter if the applicant for or the holder of the license is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse or if the applicant or holder fails to comply with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and relating to paternity or child support proceedings.

SB40-SSA1, s. 2916 Section 2916. 170.12 (3m) (a) 1m. of the statutes is amended to read:

SB40-SSA1,1272,20 170.12 (3m) (a) 1m. If the applicant is an individual and does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A permit issued in reliance upon a false statement submitted under this subdivision is invalid.

SB40-SSA1, s. 2917 Section 2917. 170.12 (3m) (b) 2. of the statutes is amended to read:

SB40-SSA1,1272,24 170.12 (3m) (b) 2. The board may disclose information under par. (a) 1. or 2. to the department of workforce development children and families in accordance with a memorandum of understanding under s. 49.857.

SB40-SSA1, s. 2918 Section 2918. 170.12 (8) (b) 1. c. of the statutes is amended to read:

SB40-SSA1,1273,11 170.12 (8) (b) 1. c. In the case of a permit holder who is an individual, the applicant fails to provide his or her social security number, fails to comply, after appropriate notice, with a subpoena or warrant that is issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and that is related to paternity or child support proceedings or the applicant is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose renewal application is denied under this subd. 1. c. is entitled to a notice and hearing under s. 49.857 but is not entitled to any other hearing under this section.

SB40-SSA1, s. 2919 Section 2919. 170.12 (8) (b) 2. of the statutes is amended to read:

SB40-SSA1,1273,24 170.12 (8) (b) 2. The board shall restrict or suspend a permit issued under this section if the board finds that, in the case of a permit holder who is an individual, the permit holder fails to comply, after appropriate notice, with a subpoena or warrant that is issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and that is related to paternity or child support proceedings or the permit holder is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. A permit holder whose permit is restricted or suspended under this subdivision is entitled to a notice and hearing under s. 49.857 but is not entitled to any other hearing under this section.

SB40-SSA1, s. 2921 Section 2921. 175.40 (6m) (c) 4. of the statutes is created to read:

SB40-SSA1,1274,5 175.40 (6m) (c) 4. By no later than 30 days after the end of each calendar quarter, the department of administration shall submit a report to the joint committee on finance detailing all moneys expended or encumbered from the appropriation account under s. 20.505 (2) (am) during that calendar quarter for costs and judgments under subd. 1. or 2.

SB40-SSA1, s. 2922 Section 2922. 177.265 (1) (intro.) of the statutes is amended to read:

SB40-SSA1,1274,9 177.265 (1) (intro.) At least quarterly, the department of workforce development children and families shall reimburse the administrator, based on information provided by the administrator, for all of the following:

SB40-SSA1, s. 2925 Section 2925. 194.23 (1) of the statutes is amended to read:

SB40-SSA1,1274,19 194.23 (1) No person may operate any motor vehicle as a common motor carrier unless the person first obtains a certificate and, if required under this chapter, a permit issued by the department, or unless the person is registered by another state under a single-state or unified carrier registration system consistent with the standards under, respectively, 49 USC 14504 or 49 USC 13908 and 14504a, for the operation of the vehicle, except that no permit is required for the operation of a semitrailer. The department may issue or refuse to issue any certificate. The department may attach to the exercise of the privilege granted by a certificate any terms or conditions which are permitted under this chapter.

SB40-SSA1, s. 2926 Section 2926. 194.34 (1) of the statutes is amended to read:

SB40-SSA1,1275,4 194.34 (1) No person may operate any motor vehicle as a contract motor carrier unless the person first obtains a license and, if required under this chapter, a permit issued by the department, or unless the person is registered by another state under a single-state or unified carrier registration system consistent with the standards under, respectively, 49 USC 14504 or 49 USC 13908 and 14504a, for the operation of the motor vehicle, except that no permit is required for the operation of a semitrailer. The department may refuse to issue any license or may attach to the exercise of the privilege granted by a license any terms or conditions which are permitted under this chapter.

SB40-SSA1, s. 2927 Section 2927. 194.407 of the statutes is created to read:

SB40-SSA1,1275,11 194.407 Unified carrier registration system. (1) The department may participate in and do all things necessary to implement and administer a unified carrier registration system for motor carriers, including private motor carriers, in accordance with 49 USC 13908 and 14504a. The department may, consistent with federal law, establish by rule an annual fee under this section for a motor vehicle that is operated in this state and that is subject to the unified carrier registration system.

SB40-SSA1,1275,14 (2) The department may not administer both an insurance registration system for motor carriers under s. 194.405 and a registration system for motor carriers under this section.