AB75: Bill Text

AB75,1310,14 Address....

AB75,1310,17 Failure to execute a power of attorney for health care document under chapter 155 of the Wisconsin Statutes creates no presumption about the intent of any individual with regard to his or her health care decisions.

AB75,1310,19 This power of attorney for health care is executed as provided in chapter 155 of the Wisconsin Statutes.

AB75,1310,20 ANATOMICAL GIFTS (optional)

AB75,1310,21 Upon my death:

AB75,1310,23 .... I wish to donate only the following organs or parts: .... (specify the organs or parts).

AB75,1310,24 .... I wish to donate any needed organ or part.

AB75,1310,25 .... I wish to donate my body for anatomical study if needed.

AB75,1311,3 .... I refuse to make an anatomical gift. (If this revokes a prior commitment that I have made to make an anatomical gift to a designated donee, I will attempt to notify the donee to which or to whom I agreed to donate.)

AB75,1311,5 Failing to check any of the lines immediately above creates no presumption about my desire to make or refuse to make an anatomical gift.

AB75,1311,6 Signature....     Date....

AB75, s. 2441 Section 2441. 155.40 (2) of the statutes is amended to read:

AB75,1311,12 155.40 (2) If the health care agent is the principal's spouse or domestic partner under ch. 770 and, subsequent to the execution of a power of attorney for health care instrument, the marriage is annulled or divorce from the spouse is obtained or the domestic partnership under ch. 770 is terminated, the power of attorney for health care is revoked and the power of attorney for health care instrument is invalid.

AB75, s. 2442 Section 2442. 157.05 of the statutes is amended to read:

AB75,1311,20 157.05 Autopsy. Consent for a licensed physician to conduct an autopsy on the body of a deceased person shall be deemed sufficient when given by whichever one of the following assumes custody of the body for purposes of burial: Father, mother, husband, wife, child, guardian, next of kin, domestic partner under ch. 770, or in the absence of any of the foregoing, a friend, or a person charged by law with the responsibility for burial. If 2 or more such persons assume custody of the body, the consent of one of them shall be deemed sufficient.

AB75, s. 2443 Section 2443. 157.06 (9) (a) 2. of the statutes is amended to read:

AB75,1311,22 157.06 (9) (a) 2. The spouse or domestic partner under ch. 770 of the individual.

AB75, s. 2444 Section 2444. 165.25 (4) (ar) of the statutes is amended to read:

AB75,1312,4 165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 91.68, 93.73, 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.195, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50, and 100.51, and 100.55, and chs. 126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.

AB75, s. 2445 Section 2445. 165.60 of the statutes is amended to read:

AB75,1312,12 165.60 Law enforcement. The department of justice is authorized to enforce ss. 101.123 (2), (5), (2m), and (8), 944.30, 944.31, 944.33, 944.34, 945.02 (2), 945.03 (1m), and 945.04 (1m) and ch. 108 and is invested with the powers conferred by law upon sheriffs and municipal police officers in the performance of those duties. This section does not deprive or relieve sheriffs, constables, and other local police officers of the power and duty to enforce those sections, and those officers shall likewise enforce those sections.

AB75, s. 2446 Section 2446. 165.755 (1) (a) of the statutes is amended to read:

AB75,1312,17 165.755 (1) (a) Except as provided in par. (b), a court shall impose under ch. 814 a crime laboratories and drug law enforcement surcharge of $8 $13 if the court imposes a sentence, places a person on probation, or imposes a forfeiture for a violation of state law or for a violation of a municipal or county ordinance.

AB75, s. 2447 Section 2447. 165.755 (1) (b) of the statutes is amended to read:

AB75,1313,2 165.755 (1) (b) A court may not impose the crime laboratories and drug law enforcement surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (b) or (2m), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).

AB75, s. 2448 Section 2448. 165.82 (1) (a) and (ag) of the statutes are consolidated, renumbered 165.82 (1) (a) and amended to read:

AB75,1313,7 165.82 (1) (a) For each record check, except a fingerprint card record check, requested by a nonprofit organization, $2. (ag) For each record check, except a fingerprint card record check, requested or by a governmental agency, $5 $7.

AB75, s. 2449 Section 2449. 165.842 of the statutes is created to read:

AB75,1313,10 165.842 Motor vehicle stops; collection and analysis of information; annual report. (1) Definitions. In this section:

AB75,1313,11 (a) "Department" means the department of justice.

AB75,1313,12 (b) "Law enforcement agency" has the meaning given in s. 165.77 (1) (b).

AB75,1313,17 (c) "Law enforcement officer" means a person who is employed by a law enforcement agency for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances that the person is employed to enforce, whether that enforcement authority extends to all laws or ordinances or is limited to specific laws or ordinances.

AB75,1313,22 (d) "Motor vehicle stop" means a stop or detention of a motor vehicle that is traveling in, or the detention of an occupied motor vehicle that is already stopped in, any public or private place in a county having a population of 125,000 or more, for the purpose of investigating any alleged or suspected violation of a state or federal law or city, village, town, or county ordinance.

AB75,1314,2 (2) Information collection required. All persons in charge of law enforcement agencies shall obtain, or cause to be obtained, all of the following information with respect to each motor vehicle stop made on or after January 1, 2011, by a law enforcement officer employed by the law enforcement agency:

AB75,1314,6 (a) The name, address, gender, and race of the operator of the motor vehicle. If information regarding the operator's race is not available to the officer through an electronic database or other similar source, the officer shall subjectively select the operator's race from the following list:

AB75,1314,7 1. Caucasian.

AB75,1314,8 2. African American.

AB75,1314,9 3. Hispanic.

AB75,1314,10 4. American Indian or Alaska Native.

AB75,1314,11 5. Asian or Pacific Islander.

AB75,1314,12 (b) The reason that the officer stopped or detained the motor vehicle.

AB75,1314,13 (c) The make and year of the motor vehicle.

AB75,1314,14 (d) The date, time, and location of the motor vehicle stop.

AB75,1314,17 (e) Whether or not a law enforcement officer conducted a search of the motor vehicle, the operator, or any passenger and, if so, whether the search was with consent or by other means.

AB75,1314,21 (f) The name, address, gender, and race of any person searched, with the officer obtaining information regarding the person' race from any available electronic database or other similar source if possible or, if not possible, by subjectively selecting the person's race from the list under par. (a).

AB75,1314,22 (g) The name and badge number of the officer making the motor vehicle stop.

AB75,1315,2 (3) Submission of information collected. The person in charge of a law enforcement agency shall submit the information obtained under sub. (2) to the department using the form prescribed by the rules promulgated under sub. (5) and in accordance with the reporting schedule established under the rules promulgated under sub. (5).

AB75,1315,8 (4) Analysis and report by department. (a) The department shall compile the information submitted to it by law enforcement agencies under sub. (3) and shall analyze the information, along with any other relevant information, to determine, both for each law enforcement agency submitting information under sub. (3) and as an aggregated total for all law enforcement agencies submitting information under sub. (3), all of the following:

AB75,1315,18 1. Whether the number of motor vehicle stops and searches involving motor vehicles operated or occupied by members of a racial minority compared to the number of motor vehicle stops and searches involving motor vehicles operated or occupied solely by persons who are not members of a racial minority is disproportionate based on an estimate of the population and characteristics of persons traveling on highways in the counties for which information is submitted under sub. (3), on an estimate of the populations and characteristics of persons traveling on highways in the counties for which information is submitted under sub. (3) who are violating a law or ordinance, or on some other relevant population estimate.

AB75,1315,21 2. A determination as to whether any disproportion found under subd. 1. is the result of racial profiling, racial stereotyping, or other race-based discrimination or selective enforcement.

AB75,1316,3 (b) For each year, the department shall prepare an annual report that summarizes the information submitted to it under sub. (3) concerning motor vehicle stops made during the year and that describes the methods and conclusions of its analysis of the information. On or before March 31, 2012, and on or before each March 31 thereafter, the department shall submit the annual report required under this paragraph to the legislature under s. 13.172 (2), to the governor, and to the director of state courts.

AB75,1316,11 (5) Rules. The department shall promulgate rules to implement the requirements of this section, including rules prescribing a form for use in obtaining information under sub. (2) and establishing a schedule for submitting the information obtained to the department. The department shall make the form prescribed by its rules available to law enforcement agencies. The department may, by rule, require the collection of information in addition to that specified in sub. (2) (a) to (g) if the department determines that the information will help to make the determinations required under sub. (4) (a).

AB75,1316,13 (6) Access to records. Information collected under sub. (2) is not subject to inspection or copying under s. 19.35 (1).

AB75, s. 2450 Section 2450. 165.85 (4) (b) 1d. f. of the statutes is created to read:

AB75,1316,21 165.85 (4) (b) 1d. f. Training concerning cultural diversity, including sensitivity toward racial and ethnic differences. The training shall be designed to prevent the use of race, racial profiling, racial stereotyping, or other race-based discrimination or selection as a basis for detaining, searching, or arresting a person or for otherwise treating a person differently from persons of other races and shall emphasize the fact that the primary purposes of enforcement of traffic regulations are safety and equal and uniform enforcement under the law.

AB75, s. 2451 Section 2451. 167.10 (7) of the statutes is amended to read:

AB75,1317,2 167.10 (7) Parental liability. A parent, foster parent, treatment foster parent, family-operated group home parent, or legal guardian of a minor who consents to the use of fireworks by the minor is liable for damages caused by the minor's use of the fireworks.

AB75, s. 2452 Section 2452. 167.31 (4) (cg) 5. of the statutes is amended to read:

AB75,1317,6 167.31 (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".

AB75, s. 2453 Section 2453. 175.35 (2i) of the statutes is amended to read:

AB75,1317,13 175.35 (2i) The department shall charge a firearms dealer an $8 a $30 fee for each firearms restrictions record search that the firearms dealer requests under sub. (2) (c). The firearms dealer may collect the fee from the transferee. The department may refuse to conduct firearms restrictions record searches for any firearms dealer who fails to pay any fee under this subsection within 30 days after billing by the department.

AB75, s. 2454 Section 2454. 196.025 (1) (ag) 2. of the statutes is amended to read:

AB75,1317,16 196.025 (1) (ag) 2. "Wholesale supplier" has the meaning given in s. 16.957 196.3746 (1) (w).

AB75, s. 2455 Section 2455. 196.07 (1) of the statutes is amended to read:

AB75,1317,23 196.07 (1) Each public utility shall close its accounts annually on December 31 and promptly prepare a balance sheet of that date. On or before the following April 1 every public utility shall file with the commission the balance sheet together with any other information the commission prescribes, verified by an officer of the public utility. The commission, for good cause shown, may extend the time for filing the balance sheet and prescribed information.

AB75, s. 2456 Section 2456. 196.09 (9) (a) 2. of the statutes is amended to read:

AB75,1318,5 196.09 (9) (a) 2. The commission shall review biennially triennially the guidelines established under subd. 1., except that if the commission receives, more than 365 days before the deadline for a biennial review, a written request from a telecommunications utility for a review, the commission shall review the guidelines no later than 365 days after receiving the request.

AB75, s. 2457 Section 2457 . 196.196 (5) (f) 1. (intro.) of the statutes is amended to read:

AB75,1318,13 196.196 (5) (f) 1. (intro.) Before January 1, 1996, and biennially thereafter Biennially, the commission shall submit a report to the joint committee on information policy and technology legislature under s. 13.172 (2) describing the status of investments in advanced telecommunications infrastructure in this state. The report shall include information on the progress made in all of the following areas uses if the commission determines that there are issues with the availability or deployment of telecommunications infrastructure for those uses:

AB75, s. 2458 Section 2458. 196.196 (5) (f) 1. e. of the statutes is repealed.

AB75, s. 2459 Section 2459. 196.196 (5) (f) 1. f. of the statutes is amended to read:

AB75,1318,17 196.196 (5) (f) 1. f. Other infrastructure investments uses identified by the commission.

AB75, s. 2460 Section 2460. 196.196 (5) (f) 3. of the statutes is amended to read:

AB75,1318,20 196.196 (5) (f) 3. The commission may shall combine its report under this paragraph with its report under s. 196.218 (5r).

AB75, s. 2461 Section 2461. 196.218 (3) (a) 3. b. of the statutes is amended to read:

AB75,1318,23 196.218 (3) (a) 3. b. The amounts appropriated under ss. 20.255 (3) (q) and, (qm), and (r), 20.285 (1) (q), and 20.505 (4) (s), (t), (tm), (tu), and (tw).

AB75, s. 2462 Section 2462. 196.218 (4) of the statutes is amended to read:

AB75,1319,19 196.218 (4) Essential services and advanced service capabilities. Before January 1, 1996, and biennially thereafter, the The commission shall promulgate rules that define a basic set of essential telecommunications services that shall be available to all customers at affordable prices and that are a necessary component of universal service. Before January 1, 1996, and biennially thereafter, the The commission shall promulgate rules that define a set of advanced service capabilities that shall be available to all areas of this state at affordable prices within a reasonable time and that are a necessary component of universal service. For rules promulgated before January 1, 1996, a reasonable time for the availability of the defined set of advance service capabilities shall be no later than January 1, 2005, and, for rules promulgated thereafter after December 31, 1995, a reasonable time for the availability of additional advanced service capabilities in the defined set shall be no later than 7 years after the effective date of the rules. These essential services and advanced service capabilities shall be based on market, social, economic development and infrastructure development principles rather than on specific technologies or providers. Essential services include single-party service with touch-tone capability, line quality capable of carrying facsimile and data transmissions, equal access, emergency services number capability, a statewide telecommunications relay service and blocking of long distance toll service.

AB75, s. 2463 Section 2463. 196.218 (5) (a) 13. of the statutes is created to read:

AB75,1319,22 196.218 (5) (a) 13. To pay the costs of library service contracts under s. 43.03 (6) and (7).

AB75, s. 2464 Section 2464. 196.218 (5m) of the statutes is amended to read:

AB75,1319,25 196.218 (5m) Rule review. At least biennially, the The commission shall review and revise as appropriate rules promulgated under this section.

AB75, s. 2465 Section 2465. 196.218 (5r) (a) (intro.) of the statutes is amended to read:

AB75,1320,5 196.218 (5r) (a) (intro.) Annually Biennially, the commission shall submit a universal service fund report to the joint committee on information policy and technology legislature under s. 13.172 (2). The report shall include information about all of the following:

AB75, s. 2466 Section 2466. 196.374 (1) (f) of the statutes is amended to read:

AB75,1320,11 196.374 (1) (f) "Load management program" means a program to allow an energy utility, municipal utility, wholesale electric cooperative, as defined in s. 16.957 196.3746 (1) (v), retail electric cooperative, or municipal electric company, as defined in s. 66.0825 (3) (d), to control or manage daily or seasonal customer demand associated with equipment or devices used by customers or members.

AB75, s. 2467 Section 2467. 196.374 (1) (h) of the statutes is amended to read:

AB75,1320,14 196.374 (1) (h) "Municipal utility" has the meaning given in s. 16.957 196.3746 (1) (q).