SB301: Bill Text

SB301, s. 126 Section 126. 153.05 (2r) (intro.) of the statutes, as created by 2005 Wisconsin Act 228, section 20, is amended to read:

SB301,48,18 153.05 (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 jointly 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 a condition of the contract under this subsection, all of the following apply:

Note: Inserts missing article.

SB301, s. 127 Section 127 . 153.05 (2r) (intro.) of the statutes, as affected by 2005 Wisconsin Act 228, section 20m, is amended to read:

SB301,49,8 153.05 (2r) (intro.) Notwithstanding s. 16.75 (1), (2), and (3m), 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 jointly 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 a condition of the contract under this subsection, all of the following apply:

Note: Inserts missing article.

SB301, s. 128 Section 128. 165.72 (1) (e) of the statutes is renumbered 165.72 (1) (bt) and amended to read:

SB301,49,12 165.72 (1) (bt) "Secure Juvenile detention officer" has the meaning given in s. 165.85 (2) (f) (bt).

Note: 2005 Wis. Act 344 renumbered s. 165.85 (2) (f) to be s. 165.85 (2) (bt) and replaced "secured" with "juvenile" in that provision.

SB301, s. 129 Section 129. 165.72 (4) of the statutes is amended to read:

SB301,49,17 165.72 (4) Payment limitations. A reward under sub. (3) may not exceed $1,000 for the arrest and conviction of any one person. The department may not make any reward payment to a law enforcement officer, jail officer, secure juvenile detention officer, pharmacist, or department employee.

Note: See previous Section, which changes term used in s. 165.72 from "secure detention officer" to "juvenile detention officer."

SB301, s. 130 Section 130. The treatment of 165.76 (1) (a) of the statutes by 2005 Wisconsin Act 277 is not repealed by 2005 Wisconsin Act 344. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 165.76 (1) (a) reads:

(a) Is in a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g), or on probation, extended supervision, parole, supervision, or aftercare supervision on or after August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.085.

SB301, s. 131 Section 131. 165.85 (1) of the statutes is amended to read:

SB301,50,10 165.85 (1) Findings and policy. The legislature finds that the administration of criminal justice is of statewide concern, and that law enforcement work is of vital importance to the health, safety, and welfare of the people of this state and is of such a nature as to require training, education, and the establishment of standards of a proper professional character. The public interest requires that these standards be established and that this training and education be made available to persons who seek to become law enforcement, tribal law enforcement, jail or secure juvenile detention officers, persons who are serving as these officers in a temporary or probationary capacity, and persons already in regular service.

Note: 2003 Wis. Act 344 changed the defined term "secure detention officer" to "juvenile detention officer" for purposes of ss. 165.85 and 165.86, but failed to change various usages of that defined term throughout ss. 165.85 and 165.86. This Section and the next 11 Sections other than Section 134 change "secure detention officer" to "juvenile detention officer" wherever found in ss. 165.85 and 165.96.

SB301, s. 132 Section 132. 165.85 (3) (c) of the statutes is amended to read:

SB301,50,16 165.85 (3) (c) Except as provided under sub. (3m) (a), certify persons as being qualified under this section to be law enforcement, tribal law enforcement, jail or secure juvenile detention officers. Prior to being certified under this paragraph, a tribal law enforcement officer shall agree to accept the duties of law enforcement officers under the laws of this state.

SB301, s. 133 Section 133. 165.85 (3) (cm) of the statutes is amended to read:

SB301,51,12 165.85 (3) (cm) Decertify law enforcement, tribal law enforcement, jail or secure juvenile 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 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 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).

SB301, s. 134 Section 134 . The treatments of 165.85 (3) (d) of the statutes by 2005 Wisconsin Acts 60 and 344 are not repealed by 2005 Wisconsin Act 414. All treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 165.85 (3) (d) reads:

(d) Establish minimum curriculum requirements for preparatory courses and programs, and recommend minimum curriculum requirements for recertification and advanced courses and programs, in schools operated by or for this state or any political subdivision of the state for the specific purpose of training law enforcement recruits, law enforcement officers, tribal law enforcement recruits, tribal law enforcement officers, jail officer recruits, jail officers, juvenile detention officer recruits, or juvenile detention officers in areas of knowledge and ability necessary to the attainment of effective performance as an officer, and ranging from subjects such as first aid, patrolling, statutory authority, techniques of arrest, protocols for official action by off-duty officers, firearms, and recording custodial interrogations, to subjects designed to provide a better understanding of ever-increasing complex problems in law enforcement such as human relations, civil rights, constitutional law, and supervision, control, and maintenance of a jail or juvenile detention facility. The board shall appoint a 13-member advisory curriculum committee consisting of 6 chiefs of police and 6 sheriffs to be appointed on a geographic basis of not more than one chief of police and one sheriff from any one of the 8 state administrative districts together with the director of training of the Wisconsin state patrol. This committee shall advise the board in the establishment of the curriculum requirements.

SB301, s. 135 Section 135. 165.85 (4) (ap) of the statutes is amended to read:

SB301,52,7 165.85 (4) (ap) Jail officers serving under permanent appointment prior to July 2, 1983, are not required to meet any requirement of pars. (b) and (c) as a condition of tenure or continued employment as either a jail officer or a secure juvenile detention officer. The failure of any such officer to fulfill those requirements does not make that officer ineligible for any promotional examination for which he or she is otherwise eligible. Any such officer may voluntarily participate in programs to fulfill those requirements.

SB301, s. 136 Section 136. 165.85 (4) (at) of the statutes is amended to read:

SB301,52,12 165.85 (4) (at) Any person certified as a jail officer on July 1, 1994, is certified as a secure juvenile detention officer and remains certified as a secure juvenile detention officer subject to annual recertification requirements under par. (bn) 3. and the board's decertification authority under sub. (3) (cm).

SB301, s. 137 Section 137. 165.85 (4) (b) 3. of the statutes is amended to read:

SB301,53,2 165.85 (4) (b) 3. No person may be appointed as a secure juvenile detention officer, except on a temporary or probationary basis, unless the person has satisfactorily completed a preparatory program of secure juvenile detention officer training approved by the board and has been certified by the board as being qualified to be a secure juvenile detention officer. The program shall include at least 120 hours of training. The training program shall devote at least 16 hours to methods of supervision of special needs inmates, including inmates who may be emotionally distressed, mentally ill, suicidal, developmentally disabled, or alcohol or drug abusers. 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. Secure Juvenile detention officer training programs including municipal, county, and state programs meeting standards of the board shall be acceptable as meeting these training requirements.

SB301, s. 138 Section 138. 165.85 (4) (bn) 3. (intro.) of the statutes is amended to read:

SB301,53,7 165.85 (4) (bn) 3. (intro.) No person may continue as a secure juvenile detention officer, except on a temporary or probationary basis, unless that person completes annual recertification training. The officer shall complete at least 24 hours each fiscal year beginning in the later of the following:

SB301, s. 139 Section 139. 165.85 (4) (c) of the statutes is amended to read:

SB301,53,15 165.85 (4) (c) In addition to the requirements of pars. (b) and (bn), the board may, by rule, fix such other minimum qualifications for the employment of law enforcement, tribal law enforcement, jail or secure juvenile detention officers as relate to the competence and reliability of persons to assume and discharge the responsibilities of law enforcement, tribal law enforcement, jail or secure juvenile detention officers, and the board shall prescribe the means for presenting evidence of fulfillment of these requirements.

SB301, s. 140 Section 140. 165.85 (4) (dm) of the statutes is amended to read:

SB301,53,19 165.85 (4) (dm) The board may provide, by rule, that parts of the jail officer preparatory training and the secure juvenile detention officer preparatory training are identical and count toward either training requirement.

SB301, s. 141 Section 141. 165.85 (5) (a) of the statutes is amended to read:

SB301,54,2 165.85 (5) (a) The board may authorize and approve law enforcement, jail or secure juvenile detention officer training programs conducted by an agency of a political subdivision or an agency of the state when their programs meet the standards required by the board. No authority granted in this paragraph extends to the board selecting a site for a state police, jail or secure juvenile detention officer academy and expending funds thereon without further legislation.

SB301, s. 142 Section 142. 165.85 (5) (b) of the statutes is amended to read:

SB301,54,14 165.85 (5) (b) The board shall authorize the reimbursement to each political subdivision of approved expenses incurred by officers who satisfactorily complete training at schools certified by the board. Reimbursement of these expenses for law enforcement officer, jail officer and secure juvenile detention officer preparatory training shall be for approved tuition, living, and travel expenses for the first 400 hours of law enforcement preparatory training and for the first 120 hours of jail or secure juvenile detention officer preparatory training. Reimbursement of approved expenses for completion of annual recertification training under sub. (4) (bn) shall include at least $160 per officer thereafter. Funds may also be distributed for attendance at other training programs and courses or for training services on a priority basis to be decided by the department of justice.

SB301, s. 143 Section 143. 165.86 (2) (a) of the statutes is amended to read:

SB301,54,21 165.86 (2) (a) Identify and coordinate all preparatory and recertification training activities in law enforcement in the state, and expand the coordinated program to the extent necessary to supply the training required for all recruits in the state under the preparatory training standards and time limits set by the board and for law enforcement officers, jail officers and secure juvenile detention officers in this state.

SB301, s. 144 Section 144. 167.31 (2) (d) of the statutes, as affected by 2005 Wisconsin Act 253, is amended to read:

SB301,55,3 167.31 (2) (d) Except as provided in sub. (4) (a), (bg), (cg), (e), and (g), no person may discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet of the center of a roadway.

Note: See the note to the next Section of this bill.

SB301, s. 145 Section 145. 167.31 (4) (bg) of the statutes is created to read:

SB301,55,13 167.31 (4) (bg) 1. Subsection (2) (a), (b), (c), and (d) does not apply to a state employee or agent, or to a federal employee or agent, who is acting within the scope of his or her employment or agency, who is authorized by the department of natural resources to take animals in the wild for the purpose of controlling the spread of disease in animals and who is hunting in an area designated by the department of natural resources as a chronic wasting disease eradication zone, except that this subdivision does not authorize the discharge of a firearm or the shooting of a bolt or arrow from a bow or crossbow across a state trunk highway, county trunk highway, or paved town highway.

SB301,55,18 1g. Subsection (2) (b) and (c) does not apply to a landowner, a family member of the landowner, or an employee of the landowner who is using a firearm, bow, or crossbow to shoot wild animals from a farm tractor or an implement of husbandry on the landowner's land that is located in an area designated by the department of natural resources as a chronic wasting disease eradication zone.

SB301,55,19 2. This paragraph does not apply after June 30, 2010.

Note: 2005 Wis. Act 253 repealed s. 167.31 (4) (bg) due to the fact that the sunset date of June 30, 2004 had passed and the provision was of no effect. However, 2005 Wis. Act 286 amended the sunset date in subd. 2. from June 30, 2004, to June 30, 2010, reviving the provision. The provision is in the printed statutes.

SB301, s. 146 Section 146. 167.31 (4) (bt) 3. of the statutes, as created by 2005 Wisconsin Act 345, is amended to read:

SB301,56,2 167.31 (4) (bt) 3. The vehicle is not an all-terrain vehicle, as defined in s. 340.01 (2) (g) (2g).

Note: Corrects cross-reference. "All-terrain vehicle" is defined in s. 340.01 (2g). There is no s. 340.01 (2) (g).

SB301, s. 147 Section 147. 220.02 (2) (g) of the statutes, as created by 2005 Wisconsin Act 215, is renumbered 220.02 (2) (i).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 158 also created a provision numbered s. 220.02 (2) (g).

SB301, s. 148 Section 148. 220.02 (2) (h) of the statutes, as created by 2005 Wisconsin Act 215, is renumbered 220.02 (2) (g).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 158 created an identical provision numbered s. 220.02 (2) (g).

SB301, s. 149 Section 149. The treatment of 230.03 (3) of the statutes by 2005 Wisconsin Act 74 is not repealed by 2005 Wisconsin Act 335. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 230.03 (3) reads:

(3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 231, 232, 233, 234, 235, or 237. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

SB301, s. 150 Section 150. 234.59 (3) (d) of the statutes, as affected by 2005 Wisconsin Act 75, section 24, is renumbered 234.59 (3) (e).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wisconsin Act 75, section 24, renumbered s. 234.59 (3) (e) to s. 234.59 (3) (d) and 2005 Wisconsin Act 75, section 23d, created a separate provision numbered s. 234.59 (3) (d).

SB301, s. 151 Section 151. 252.05 (4) of the statutes, as affected by 2005 Wisconsin Act 198, is amended to read:

SB301,57,3 252.05 (4) Reports under subs. (1) and (2) shall state so far as known the name, sex, age, and residence of the person, the communicable disease and other facts the department or local health officer requires. Report forms, including forms appropriate for reporting under s. 95.22 (1m), may be furnished by the department and distributed by the local health officer.

Note: Inserts correct cross-reference. There is no s. 95.22 (1m).

SB301, s. 152 Section 152. 252.15 (5) (a) 11. of the statutes, as affected by 2005 Wisconsin Acts 155 and 187, is amended to read:

SB301,57,13 252.15 (5) (a) 11. To a person, including a person exempted from civil liability under the conditions specified under s. 895.48, 895.4802, or 895.4803, who renders to the victim of an emergency or accident emergency care during the course of which the emergency caregiver is significantly exposed to the emergency or accident victim, if a physician or advanced practice nurse prescriber, based on information provided to the physician or advanced practice nurse prescriber, determines and certifies in writing that the emergency caregiver has been significantly exposed and if the certification accompanies the request for disclosure.

Note: Inserts missing comma.

SB301, s. 153 Section 153. 252.15 (5m) (a) of the statutes, as affected by 2005 Wisconsin Acts 155 and 187, is amended to read:

SB301,58,4 252.15 (5m) (a) If a person, including a person exempted from civil liability under the conditions specified under s. 895.48, 895.4802, or 895.4803, who renders to the victim of an emergency or accident emergency care during the course of which the emergency caregiver is significantly exposed to the emergency or accident victim and the emergency or accident victim subsequently dies prior to testing for the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV; if a physician or advanced practice nurse prescriber, based on information provided to the physician or advanced practice nurse prescriber, determines and certifies in writing that the emergency caregiver has been significantly exposed; and if the certification accompanies the request for testing and disclosure. Testing of a corpse under this paragraph shall be ordered by the coroner, medical examiner, or physician who certifies the victim's cause of death under s. 69.18 (2) (b), (c) or (d).

Note: Inserts missing comma.

SB301, s. 154 Section 154. 254.61 (3m) (c) of the statutes, as created by 2005 Wisconsin Act 348, is renumbered 254.61 (3m) (c) (intro.) and amended to read:

SB301,58,7 254.61 (3m) (c) (intro.) The event is sponsored by a any of the following:

SB301,58,8 1. A church;.

SB301,58,9 2. A religious, fraternal, youth, or patriotic organization or service club;.

SB301,58,10 3. A civic organization;.

SB301,58,11 4. A parent-teacher organization;.

SB301,58,12 5. A senior citizen center or organization; or.

SB301,58,13 6. An adult day care center.

Note: Renumbers provision pursuant to s. 13.93 (1) (a) and (b) to place a series in tabular form for consistency with current style and improved readability.

SB301, s. 155 Section 155. 281.48 (4g) of the statutes, as affected by 2005 Wisconsin Act 347, is amended to read:

SB301,59,2 281.48 (4g) Rules on servicing. The department shall promulgate rules relating to servicing septic tanks, soil absorption fields, holding tanks, grease interceptors, privies, and other components of private sewage systems in order to protect the public health against unsanitary and unhealthful practices and conditions, and to protect the surface waters and groundwaters of the state from contamination by septage. The rules shall comply with ch. 160. The rules shall apply to all septage disposal, whether undertaken pursuant to a license or a license excemption exemption under sub. (3). The rules shall require each person with a license under sub. (3) to maintain records of the location of private sewage systems serviced and the volume of septage disposed of and location of that disposal.

Note: Corrects spelling. The correct spelling is shown in the printed statutes.

SB301, s. 156 Section 156. The treatment of 301.03 (19) of the statutes by 2005 Wisconsin Act 431 is not repealed by 2005 Wisconsin Act 434. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 301.03 (19) reads:

(19) Subject to sub. (20), work to minimize, to the greatest extent possible, the residential population density of sex offenders, as defined in s. 302.116 (1) (b), who are on probation, parole, or extended supervision or placed on supervised release under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s. 980.08 (4) (g).

SB301, s. 157 Section 157. 301.12 (14) (a) of the statutes is amended to read:

SB301,59,17 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, child caring institutions residential care centers for children and youth and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules which include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17, unless the liable person has prevented payment by any act or omission.