AB56: Bill Text

AB56,1777 Section 1777 . 155.01 (7) of the statutes is amended to read:

AB56,930,13 155.01 (7) “Health care provider" means a nurse licensed or permitted under ch. 441, a chiropractor licensed under ch. 446, a dentist or dental therapist licensed under ch. 447, a physician, physician assistant, perfusionist, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448, a person practicing Christian Science treatment, an optometrist licensed under ch. 449, a psychologist licensed under ch. 455, a partnership thereof, a corporation or limited liability company thereof that provides health care services, a cooperative health care association organized under s. 185.981 that directly provides services through salaried employees in its own facility, or a home health agency, as defined in s. 50.49 (1) (a).

AB56,1778 Section 1778 . 165.08 (1) of the statutes is amended to read:

AB56,931,2 165.08 (1) Any civil action prosecuted by the department by direction of any officer, department, board, or commission, or any shall be compromised or discontinued when so directed by such officer, department, board, or commission. 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 an intervenor under s. 803.09 (2m) or, if there is no intervenor, by submission of a proposed plan to the joint committee on finance for the approval of the committee. The compromise or discontinuance may occur only if the joint committee on finance approves the proposed plan. No proposed plan may be submitted to the joint committee on finance if the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization the governor.

AB56,1779 Section 1779. 165.10 of the statutes is repealed.

AB56,1780 Section 1780 . 165.25 (1) of the statutes is amended to read:

AB56,931,13 165.25 (1) Represent state in appeals and on remand. Except as provided in ss. 5.05 (2m) (a), 19.49 (2) (a), and 978.05 (5), appear for the state and prosecute or defend all actions and proceedings, civil or criminal, in the court of appeals and the supreme court, in which the state is interested or a party, and attend to and prosecute or defend all civil cases sent or remanded to any circuit court in which the state is a party. The joint committee on legislative organization may intervene as permitted under s. 803.09 (2m) at any time. Nothing in this subsection deprives or relieves the attorney general or the department of justice of any authority or duty under this chapter.

AB56,1781 Section 1781 . 165.25 (1m) of the statutes is amended to read:

AB56,931,24 165.25 (1m) Represent state in other matters. If requested by the governor or either house of the legislature, appear for and represent the state, any state department, agency, official, employee or agent, whether required to appear as a party or witness in any civil or criminal matter, and prosecute or defend in any court or before any officer, any cause or matter, civil or criminal, in which the state or the people of this state may be interested. The joint committee on legislative organization may intervene as permitted under s. 803.09 (2m) at any time. The public service commission may request under s. 196.497 (7) that the attorney general intervene in federal proceedings. All expenses of the proceedings shall be paid from the appropriation under s. 20.455 (1) (d).

AB56,1782 Section 1782 . 165.25 (6) (a) 1. of the statutes is amended to read:

AB56,932,22 165.25 (6) (a) 1. At the request of the head of any department of state government, the attorney general may appear for and defend any state department, or any state officer, employee, or agent of the department in any civil action or other matter brought before a court or an administrative agency which is brought against the state department, or officer, employee, or agent for or on account of any act growing out of or committed in the lawful course of an officer's, employee's, or agent's duties. Witness fees or other expenses determined by the attorney general to be reasonable and necessary to the defense in the action or proceeding shall be paid as provided for in s. 885.07. The attorney general may compromise and settle the action as the attorney general determines to be in the best interest of the state except that, if the action is for injunctive relief or there is a proposed consent decree, the attorney general may not compromise or settle the action without the approval of an intervenor under s. 803.09 (2m) or, if there is no intervenor, without first submitting a proposed plan to the joint committee on finance. If, within 14 working days after the plan is submitted, the cochairpersons of the committee notify the attorney general that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may compromise or settle the action only with the approval of the committee. The attorney general may not submit a proposed plan to the joint committee on finance under this subdivision in which the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization.

AB56,1783 Section 1783 . 165.25 (10g) of the statutes is created to read:

AB56,933,3 165.25 (10g) Report on settlement funds. Semiannually submit a report to the department of administration and the joint committee on finance regarding money received by the department of justice under a settlement agreement. To the extent permitted by the terms of each settlement agreement, the report shall specify all of the following for each reporting period:

AB56,933,4 (a) The total amount of settlement funds received.

AB56,933,6 (b) The amount of settlement funds received that have a purpose specified by the terms of the settlement.

AB56,933,8 (c) The amount of settlement funds received that do not have a purpose specified by the terms of the settlement.

AB56,933,9 (d) The cases from which settlement funds are received.

AB56,933,11 (e) The purposes for which settlement funds are used, and the amounts expended for each purpose.

AB56,1784 Section 1784 . 165.25 (11m) of the statutes is created to read:

AB56,933,15 165.25 (11m) False claims. Diligently investigate possible violations of s. 20.9315, and, if the department determines that a person has committed an act that is punishable under s. 20.9315, may bring a civil action against that person.

AB56,1785 Section 1785 . 165.28 (intro.) of the statutes is renumbered 115.94 (intro.).

AB56,1786 Section 1786 . 165.28 (1) of the statutes is renumbered 115.94 (1) and amended to read:

AB56,933,24 115.94 (1) In conjunction with the department of public instruction justice, create model practices for school safety. The department of public instruction justice shall provide any resources or staff requested by the office to create the model practices. The office shall also consult the Wisconsin School Safety Coordinators Association and the Wisconsin Safe and Healthy Schools Training and Technical Assistance Center when creating the model practices.

AB56,1787 Section 1787 . 165.28 (2) of the statutes is renumbered 115.94 (2).

AB56,1788 Section 1788. 165.28 (3) of the statutes is renumbered 165.25 (20) and amended to read:

AB56,934,8 165.25 (20) Training on school safety. Offer, or contract with another party to offer, training to school staff on school safety. Training subjects may include trauma informed care and how adverse childhood experiences have an impact on a child's development and increase needs for counseling or support. If a school receives under s. 165.88 115.945 (2) (b) a grant for the training under this subsection, the office department may charge a fee for the training.

AB56,1789 Section 1789. 165.68 (1) (a) 3. of the statutes is repealed and recreated to read:

AB56,934,12 165.68 (1) (a) 3. Conduct that is in violation of s. 940.225, 944.30 (1m), 948.02, 948.025, 948.05, 948.051, 948.055, 948.06, 948.085, 948.09, or 948.10 or that is in violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.

AB56,1790 Section 1790 . 165.83 (1) (c) 1. of the statutes is amended to read:

AB56,934,15 165.83 (1) (c) 1. An act that is committed by a person who has attained the age of 17 an adult and that is a felony or a misdemeanor.

AB56,1791 Section 1791 . 165.83 (1) (c) 2. of the statutes is amended to read:

AB56,934,19 165.83 (1) (c) 2. An act that is committed by a person minor who has attained the age of 10 but who has not attained the age of 17 and that would be a felony or misdemeanor if committed by an adult.

AB56,1792 Section 1792. 165.88 (title) of the statutes is renumbered 115.945 (title).

AB56,1793 Section 1793. 165.88 (1) (intro.) and (a) of the statutes are consolidated, renumbered 115.945 (1) and amended to read:

AB56,934,25 115.945 (1) Definitions Definition. In this section : (a) “Independent, “independent charter school” means a charter school established under s. 118.40 (2r) or (2x).

AB56,1794 Section 1794. 165.88 (1) (b), (c) and (d) of the statutes are repealed.

AB56,1795 Section 1795. 165.88 (2) of the statutes is renumbered 115.945 (2), and 115.945 (2) (a) and (b), as renumbered, are amended to read:

AB56,935,8 115.945 (2) (a) From the appropriation under s. 20.455 20.255 (2) (f), the department of justice shall award grants for expenditures related to improving school safety. The department shall accept applications for a grant under this subsection from school boards, operators of independent charter schools, governing bodies of private schools, and tribal schools.

AB56,935,18 (b) The department of justice, in consultation with the department of public instruction justice, shall develop a plan for use in awarding grants under this subsection. The department of justice shall include in the plan a description of what types of expenditures are eligible to be funded by grant proceeds. Eligible expenditures shall include expenditures to comply with the model practices created in s. 165.28 115.94 (1); expenditures for training under s. 165.28 (3) 165.25 (20); expenditures for safety-related upgrades to school buildings, equipment, and facilities; and expenditures necessary to comply with s. 118.07 (4) (cf). Notwithstanding s. 227.10 (1), the plan need not be promulgated as rules under ch. 227.

AB56,1796 Section 1796. 165.88 (3) of the statutes is renumbered 115.945 (3).

AB56,1797 Section 1797. 165.88 (4) of the statutes is renumbered 115.945 (4) and amended to read:

AB56,935,24 115.945 (4) Report. The department of justice shall submit an annual report to the cochairpersons of the joint committee on finance providing an account of the grants awarded under sub. (2) and the expenditures made with the grant moneys.

AB56,1798 Section 1798. 165.95 (2) of the statutes is amended to read:

AB56,936,8 165.95 (2) The department of justice shall make grants to counties and to tribes to enable them to establish and operate programs, including suspended and deferred prosecution programs and programs based on principles of restorative justice, that provide alternatives to prosecution and incarceration for criminal offenders who abuse alcohol or other drugs. The department of justice shall make the grants from the appropriations under s. 20.455 (2) (ek), (em), (jd), (kn), and (kv). The department of justice shall collaborate with the departments of corrections and health and family services in establishing this grant program.

AB56,1799 Section 1799. 165.986 (title), (1), (2), (3) and (7) (intro.), (a) and (b) of the statutes are amended to read:

AB56,936,21 165.986 (title) Beat patrol and community policing officers; grant program. (1) The department of justice shall provide grants from the appropriation under s. 20.455 (2) (kb) to cities to employ additional uniformed law enforcement officers whose primary duty is beat patrolling or who are assigned to community policing. A city is eligible for a grant under this subsection in fiscal year 1994-95 if the city has a population of 25,000 or more. A city may receive a grant for a calendar year if the city applies for a grant before September 1 of the preceding calendar year. Grants shall be awarded to the 10 eligible cities submitting an application for a grant that have the highest rates of violent crime index offenses in the most recent full calendar year for which data is available under the uniform crime reporting system of the federal bureau of investigation.

AB56,937,2 (2) A city applying to the department of justice for a grant under sub. (1) shall include a proposed plan of expenditure of the grant moneys. The grant moneys that a city receives under sub. (1) may be used for salary and fringe benefits only. Except as provided in sub. (3), the positions for which funding is sought must be created on or after April 21, 1994, and result in a net increase in the number of uniformed law enforcement officers assigned to beat patrol duties or community policing.

AB56,937,10 (3) During the first 6 months of the first year of a grant under sub. (1), a city may, with the approval of the department, use part of the grant for the payment of salary and fringe benefits for overtime provided by uniformed law enforcement officers whose primary duty is beat patrolling or who are assigned to community policing. A city may submit a request to the department for a 3-month extension of the use of the grant for the payment of overtime costs. To be eligible to use part of the first year's grant for overtime costs, the city shall provide the department with all of the following:

AB56,937,12 (a) The reasons why uniformed law enforcement officers assigned to beat patrol duties or community policing need to work overtime.

AB56,937,14 (b) The status of the hiring and training of new uniformed law enforcement officers who will have beat patrol duties or will be assigned to community policing.

AB56,937,19 (c) Documentation that a sufficient amount of the grant for the first year will be available, during the period remaining after the payment of overtime costs, to pay the salary and fringe benefits of the same number of uniformed officers whose primary duty is beat patrolling or who are assigned to community policing that the grant originally planned to pay.

AB56,938,6 (7) (intro.) From the appropriation under s. 20.455 (2) (jc) (bm), the department shall make grants in amounts determined by the department to cities with a population of 25,000 or more to reimburse overtime costs for uniformed law enforcement officers whose primary duty is beat patrolling or who are assigned to community policing, except that the department may award no more than $400,000 to a city for a calendar year. The grants may be used for salary and fringe benefits only. The grants may be awarded only to the 10 eligible cities submitting an application for a grant that have the highest rates of violent crime index offenses in the most recent full calendar year for which data is available under the uniform crime reporting system of the federal bureau of investigation. A city may receive a grant for a calendar year if the city applies before September 1 of the preceding calendar year and provides the department all of the following:

AB56,938,8 (a) The reasons why uniformed law enforcement officers assigned to beat patrol duties or community policing need to work overtime.

AB56,938,10 (b) The status of the hiring and training of new uniformed law enforcement officers who will have beat patrol duties or will be assigned to community policing.

AB56,1800 Section 1800. Subchapter II (title) of chapter 168 [precedes 168.21] of the statutes is amended to read:

AB56,938,13 CHAPTER 168

AB56,938,17 SUBCHAPTER II STORAGE OF DANGEROUS SUBSTANCES; Removal of underground petroleum storage tanks

AB56,1801 Section 1801. 185.983 (1) (intro.) of the statutes is amended to read:

AB56,939,2 185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a cooperative association organized under s. 185.981 shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.728, 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85, 632.853, 632.855, 632.867, 632.87 (2) to (6), 632.885, 632.89, 632.895 (5) and (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but the sponsoring association shall:

AB56,1802 Section 1802. 186.113 (14) (a) of the statutes is repealed.

AB56,1803 Section 1803. 186.113 (14) (b) of the statutes is renumbered 186.113 (14).

AB56,1804 Section 1804 . 194.025 of the statutes is amended to read:

AB56,939,9 194.025 Discrimination prohibited. No motor carrier may engage in any practice, act or omission which results in discrimination on the basis of race, creed, sex or, national origin, or status as a holder or nonholder of a license under s. 343.03 (3m).

AB56,1805 Section 1805. 196.025 (7) (title) and (a) (intro.) of the statutes are repealed.

AB56,1806 Section 1806 . 196.025 (7) (a) 1. of the statutes is renumbered 16.954 (3) (a) and amended to read:

AB56,939,16 16.954 (3) (a) In cooperation with the other state agencies, collect, analyze, interpret, and maintain the comprehensive data needed for effective state agency clean and renewable energy planning and effective review of those plans by the governor and the legislature.

AB56,1807 Section 1807 . 196.025 (7) (a) 2. of the statutes is renumbered 16.954 (3) (g).

AB56,1808 Section 1808 . 196.025 (7) (a) 3. of the statutes is renumbered 16.954 (3) (h) and amended to read:

AB56,939,22 16.954 (3) (h) Prepare In consultation with the public service commission, prepare and maintain contingency plans for responding to critical energy shortages so that when the shortages occur they can be dealt with quickly and effectively.

AB56,1809 Section 1809 . 196.025 (7) (b) of the statutes is renumbered 196.38 (1).

AB56,1810 Section 1810 . 196.025 (7) (c) of the statutes is renumbered 196.38 (2) and amended to read:

AB56,940,5 196.38 (2) The commission may require a public utility to provide energy billing and use data regarding public schools, if the commission determines that the data is necessary to provide technical assistance in the planning and implementation of energy efficiency and renewable resources under sub. (1) in public schools, including those with the highest energy costs.

AB56,1811 Section 1811 . 196.218 (5) (a) 12. of the statutes is repealed.

AB56,1812 Section 1812. 196.31 (2m) of the statutes is amended to read:

AB56,940,16 196.31 (2m) From the appropriation under s. 20.155 (1) (j), the commission may make grants that, in the aggregate, do not exceed an annual total of $300,000 $500,000 to one or more nonstock, nonprofit corporations that are described under section 501 (c) (3) of the Internal Revenue Code, and that have a history of advocating at the commission on behalf of ratepayers of this state, for the purpose of offsetting the general expenses of the corporations, including salary, benefit, rent, and utility expenses. The commission may impose conditions on grants made under this subsection and may revoke a grant if the commission finds that such a condition is not being met.

AB56,1813 Section 1813. 196.374 (3) (b) 2. of the statutes is amended to read:

AB56,940,25 196.374 (3) (b) 2. The commission shall require each energy utility to spend 1.2 percent of its annual operating revenues derived from retail sales to fund the utility's programs under sub. (2) (b) 1., the utility's ordered programs, the utility's share of the statewide energy efficiency and renewable resource programs under sub. (2) (a) 1., and the utility's share, as determined by the commission under subd. 4., of the costs incurred by the commission in administering this section. Subject to subd. 3., the commission may require each energy utility to spend more than 1.2 percent of its annual operating revenues to fund these programs and costs.

AB56,1814 Section 1814. 196.374 (3) (b) 3. of the statutes is created to read:

AB56,941,15 196.374 (3) (b) 3. The commission shall submit to the joint committee on finance any proposal to require each energy utility to spend more than 1.2 percent of its annual operating revenues to fund the programs specified in subd. 2. If the cochairpersons of the committee do not notify the commission within 10 working days after the commission submits such a proposal that the committee has scheduled a meeting to review the proposal, the commission may require each energy utility to spend the percentage specified in the proposal. If, within 10 working days after the commission submits a proposal, the cochairpersons of the committee notify the commission that the committee has scheduled a meeting to review the proposal, and, within 90 days of providing the notice, the committee either approves or does not object to the proposal, the commission may require each energy utility to spend the percentage specified in the proposal. If, within 90 days after providing the notice, the committee objects to the proposal, the commission may not require each energy utility to spend the percentage specified in the proposal.

AB56,1815 Section 1815 . 196.38 (title) of the statutes is created to read:

AB56,941,17 196.38 (title) Technical assistance to governmental units.

AB56,1816 Section 1816 . 196.38 (3) of the statutes is created to read:

AB56,941,20 196.38 (3) The commission shall consult with the office of sustainability and clean energy in implementing this section.

AB56,1817 Section 1817. 196.491 (3g) (a) of the statutes is amended to read:

AB56,942,4 196.491 (3g) (a) A person who receives a certificate of public convenience and necessity for a high-voltage transmission line that is designed for operation at a nominal voltage of 345 kilovolts or more under sub. (3) shall pay the department of administration commission an annual impact fee as specified in the rules promulgated by the department of administration commission under s. 16.969 196.492 (2) (a) and shall pay the department of administration commission a one-time environmental impact fee as specified in the rules promulgated by the department of administration commission under s. 16.969 196.492 (2) (b).

AB56,1818 Section 1818. 196.504 (title) of the statutes is amended to read: