(a) The program limits participation to persons whose number of convictions 2
under ss. 940.09 (1) and 940.25, plus the total number of suspensions, revocations, 3
and other convictions counted under s. 343.307 (1) equals 2 or more, and to whom one 4
of the following applies:
1. The person is ordered by a judge or by the department of corrections as a 6
condition of probation or deferred prosecution, release to parole, or release to 7
extended supervision, to refrain from using alcohol or a controlled substance, and 8
whose participation in the program is ordered by the judge or by the department of 9
corrections as a condition of probation, release to parole, or release to extended 10
2. The person agrees to refrain from using alcohol or a controlled substance 12
while he or she is on probation, participating in a deferred prosecution agreement, 13
or on parole or extended supervision and volunteers to participate in the program 14
even though his or her participation is not ordered by a judge or by the department 15
of corrections as a condition of probation or deferred prosecution or release to parole 16
or to extended supervision.
(b) 1. Except as provided in subd. 2., the program requires participants to be 18
tested for the use of alcohol at least twice daily, at approximately 12-hour intervals, 19
or for the use of a controlled substance as frequently as practicable.
2. If the standard for frequent testing described in subd. 1. creates an 21
unreasonable hardship for the county administering the program, the program may 22
utilize the standard established by the department of justice under sub. (3) (a).
(c) The program informs a participant that, if he or she fails to appear for a 24
scheduled test or if his or her test results indicate that the participant used alcohol 25
or a controlled substance, he or she may be placed under immediate arrest and
referred to the department of corrections and to the appropriate prosecuting agency 2
for violating a condition of his or her probation or deferred prosecution or of his or 3
her release to parole or extended supervision.
(d) The program requires participants to pay a fee, except that a county may 5
allow a participant to pay a reduced fee or no fee, subject to the participant's ability 6
to pay. Each county may establish fees that are consistent with any standard 7
established under sub. (3) (b) and that the county determines are sufficient to fund 8
its frequent sobriety testing program. Except as provided in sub. (5), the county may 9
retain the fees it collects pursuant to this paragraph to administer its program.
(a) The department of justice may enter into an agreement with each 11
designated county that requires the county to pay a portion of the fees the county 12
collects under sub. (4) (d) to the department of justice to pay the actual costs of 13
performing the analysis and reporting under sub. (7).
(b) The department of justice shall deposit in the state treasury for deposit into 15
the general fund all moneys it collects under this subsection. These moneys shall be 16
credited to the appropriation account under s. 20.455 (2) (gu).
Each county that establishes a frequent sobriety testing program after 18
being designated by the department of justice under sub. (2) shall, annually, provide 19
the following information to the department of justice:
(a) The number of participants in the program.
(b) The costs associated with the program.
(c) The failure or dropout rate of participants.
(d) Other information requested by the department of justice.
(a) Not later than June 30, 2016, the department of justice shall provide to 25
the legislature under s. 13.172 (2) a list of counties it designated under sub. (2). For
each county it designates, the department of justice shall inform the legislature of 2
the reasons it chose the county for participation. If the department of justice 3
designated a county to replace a different county, the department of justice shall 4
include that information in the report.
(b) Beginning January 15, 2017, and annually thereafter until January 15, 6
2021, the department of justice shall analyze the information it receives pursuant 7
to sub. (6) and shall submit a report to the legislature under s. 13.172 (2). The report 8
shall include all of the following information relating to the prior year's frequent 9
sobriety testing programs:
1. A list of counties designated under sub. (2) that established a frequent 11
sobriety testing program.
2. The number of participants in each county's frequent sobriety testing 13
3. A description of each county's frequent sobriety testing program.
4. The recidivism rates for participants in each county's frequent sobriety 16
(c) By January 15, 2021, the department of justice shall submit a final report 18
to the legislature under s. 13.172 (2) that includes all of the information required 19
under par. (b) and contains a recommendation as to whether the frequent sobriety 20
testing programs should be continued, discontinued, or modified.
The department of justice may use the emergency rules procedure under 22
s. 227.24 to promulgate rules specified in sub. (3). Notwithstanding s. 227.24 (1) (a) 23
and (3), the department is not required to provide evidence that promulgating a rule 24
under this subsection as an emergency rule is necessary for the preservation of the
public peace, health, safety, or welfare and is not required to provide a finding of 2
emergency for a rule promulgated under this section.
This section does not apply after June 30, 2021.
165.967 of the statutes is created to read:
5165.967 Court appointed special advocates; grants.
From the 6
appropriation under s. 20.455 (5) (es), the department of justice shall in each fiscal 7
year provide $80,000 to the Wisconsin Court Appointed Special Advocate 8
165.967 of the statutes, as created by 2015 Wisconsin Act .... 10
(this act), is repealed.
165.987 (1) of the statutes is amended to read:
From the appropriations under s. 20.455 (2) (cr) and
(kj), the 13
department of justice shall allocate $500,000 in each fiscal year to enter into a 14
contract with an organization to provide services in a county having a population of 15
500,000 or more for the diversion of youths from gang activities into productive 16
activities, including placement in appropriate educational, recreational, and 17
employment programs. Notwithstanding s. 16.75, the department may enter into a 18
contract under this subsection without soliciting bids or proposals and without 19
accepting the lowest responsible bid or offer.
165.987 (3) of the statutes is amended to read:
From the appropriations under s. 20.455 (2) (cr) and
(kj) the 22
department of justice shall allocate $150,000 in each fiscal year to enter into a 23
contract with an organization to provide services in Racine County, $150,000 in each 24
fiscal year to enter into a contract with an organization to provide services in 25
Kenosha County, $150,000 in each fiscal year to enter into a contract with an
1organization that is located in ward 2 in the city of Racine to provide services in
and $150,000 in each fiscal year to enter into a contract with an 3
organization to provide services in Brown County, and from the appropriation under 4
s. 20.455 (2) (kj), the department shall allocate $100,000 in each fiscal year to enter 5
into a contract with an organization, for the diversion of youths from gang activities 6
into productive activities, including placement in appropriate educational, 7
recreational, and employment programs, and for alcohol or other drug abuse 8
education and treatment services for participants in that organization's youth 9
diversion program. The organization that is located in ward 2 in the city of Racine
10shall have a recreational facility, shall offer programs to divert youths from gang
11activities, may not be affiliated with any national or state association, and may not
12have entered into a contract under s. 301.265 (3), 1995 stats.
Notwithstanding s. 13
16.75, the department may enter into a contract under this subsection without 14
soliciting bids or proposals and without accepting the lowest responsible bid or offer.
169.01 (35) (a) of the statutes is amended to read:
(a) A veterinarian who is licensed in this state to practice 17
veterinary medicine under ch. 453 89
and who is certified under rules promulgated 18
by the department of agriculture, trade and consumer protection.
173.05 (1) (b) of the statutes is amended to read:
(b) A person to whom par. (a) applies who is a veterinarian licensed 21
under ch. 453 89
is not required to complete a course of training approved by the 22
department if he or she takes an examination given by the department and passes 23
the examination on the first attempt.
173.41 (2) (e) of the statutes is amended to read:
(e) A veterinarian licensed under ch. 453 89
practicing in the normal 2
course of veterinary business within the scope of the license is not required to obtain 3
a license under this subsection.
173.41 (12) (a) 4. of the statutes is amended to read:
(a) 4. If persons sell or offer to sell dogs at the temporary dog market 6
for 2 or more consecutive days, employ or contract with a veterinarian licensed under 7
ch. 453 89
to conduct an examination of the dogs offered for sale at the temporary dog 8
market on each day on which dogs are offered for sale and to review the information 9
provided under par. (b).
175.47 (5) (b) of the statutes is amended to read:
(b) If the district attorney determines there is no basis to prosecute 12
the law enforcement officer involved in the officer-involved death, the investigators 13
conducting the investigation under sub. (3) (a) shall release the report, except that
14the investigators shall, before releasing the report, delete any information that
15would not be subject to disclosure pursuant to a request under s. 19.35 (1) (a)
182.71 (7) (b) of the statutes is amended to read:
(b) If the company intends to acquire and overflow property, the 18
commission shall approve the need to overflow the property. The department shall 19
mark the height to which any dam may raise the water level by permanent 20
monuments and bench marks, shall supervise and control the time and extent of the 21
drawing of water from the reservoirs, except as provided in s. 31.02 (4d),
and may 22
compel the maintenance of all reservoirs established. The commission and the 23
department may employ, at the expense of the company, hydraulic engineers and 24
other persons to assist in obtaining information necessary to enforce this section. 25
The cost of hiring the engineers shall be included as a part of the cost of construction
or maintenance and operation of the reservoir system.
The department is subject to
2the restrictions under s. 31.02 (4d) in issuing, amending, or revising an order under
3this paragraph for a dam that meets the conditions under s. 31.02 (4d).
190.11 (1) of the statutes is amended to read:
Every conveyance or lease, deed of trust, mortgage or satisfaction 6
thereof made by any railroad corporation shall be executed and acknowledged in the 7
manner in which conveyances of real estate by corporations are required to be to 8
entitle the same to be recorded, and shall be filed with and maintained by
the 9department of financial institutions office of the commissioner of railroads
, which 10
shall endorse thereon "filed" and the date of filing.
190.11 (3) of the statutes is amended to read:
The department of financial institutions office of the commissioner
shall collect a fee of $1 per page filed under sub. (1). All fees received
14under this subsection shall be credited to the appropriation account under s. 20.155
190.11 (4) of the statutes is amended to read:
The department of financial institutions office of the commissioner
shall collect a fee at the rate under s. 77.22 and, on or before the 15th day 19
of the month after the fee is collected, shall remit that fee to the department of 20
administration for deposit in the general fund. Sections 77.21, 77.22 and 77.25 to 21
77.27 apply to the fee under this subsection.
192.32 (1) (c) of the statutes is created to read:
(c) To prevent any person from walking directly across the tracks or 24
right-of-way of any railroad.
194.01 (11) of the statutes is amended to read:
"Private motor carrier" means any person except a common or
2contract motor carrier engaged in the who provides
transportation of property or
motor vehicle other than an automobile or trailer used
4therewith, upon the public highways, as defined in 49 CFR 390.5, and is not a
5for-hire motor carrier
196.02 (5) of the statutes is amended to read:
196.02 (5) Inspect books.
The commission, the chairperson of the commission, 8
or any commissioner or any person employed by the commission for that purpose 9
may, upon demand, inspect the books, accounts, papers, records and memoranda of 10
any public utility, and examine under oath any officer, agent or employee of the public 11
utility in relation to its business and affairs. Any person, other than the chairperson
one of the commissioners, who makes a demand shall produce his or her authority 13
to make the inspection.
196.03 (3) (b) 2. b. of the statutes is amended to read:
(b) 2. b. The person owns land that is located in the city, village or 16
town and in an area in which the municipal utility has an obligation to provide water 17
for public fire protection. If the person owns 2 or more parcels that are adjacent to
18each other or divided only by a roadway or brook, creek, river, or stream, the
19municipality may bill the person for only one parcel.
196.203 (4m) (a) of the statutes is amended to read:
(a) The commission may impose s. 196.02 (1), (4), or (5), 196.04, 22
196.135, 196.14, 196.197, 196.199, 196.207, 196.208, 196.209, 196.218, 196.219 (1), 23
(2) (b), (c), or (d), (2r), or (3) (a), (d), (j), (m), (n), or (o), 196.25, 196.26, 196.39, 196.395, 24
196.40, 196.41, 196.43, 196.44, 196.65, 196.66, 196.81,
196.85, 196.858, or 196.859 25
on an alternative telecommunications utility.
196.218 (1) (a) of the statutes is amended to read:
(a) "Essential telecommunications services" means the services or 4
functionalities listed in 47 CFR 54.101
(a) as of January 1, 2010
196.218 (3) (a) 3. b. of the statutes is amended to read:
(a) 3. b. The amounts appropriated under ss. 20.255 (1) (q) and
(q), (qm), and (r), 20.285 (1) (q),
and 20.505 (4) (s), (t), (tm), (tu), and (tw).
196.218 (5) (a) 10. of the statutes is created to read:
(a) 10. To make broadband expansion grants under s. 196.504.
196.218 (5) (a) 12. of the statutes is created to read:
(a) 12. To make grants under ss. 16.994 and 16.996.
196.218 (5) (a) 12. of the statutes, as created by 2015 Wisconsin 13
Act .... (this act), is amended to read:
(a) 12. To make grants under ss. 16.994 and s.
196.218 (5) (a) 14. of the statutes is created to read:
(a) 14. To provide funding for online courses made available under 17
s. 115.28 (53) and for the delivery of digital content and collaborative instruction 18
under s. 115.28 (54).
196.31 (1) (intro.) of the statutes is amended to read:
(intro.) In Except as provided in sub. (1m), in
any proceeding before 21
the commission, the commission shall compensate any participant in the proceeding 22
who is not a public utility, for some or all of the reasonable costs of participation in 23
the proceeding if the commission finds that:
196.31 (1m) of the statutes is amended to read:
The commission shall compensate any a
consumer group or 2
consumer representative under sub. (1)
for all 50% of the
reasonable costs of 3
participating in a hearing under s. 196.198 proceeding
196.504 (1) (am) of the statutes is created to read:
(am) "Scalable" means, with respect to a project for a broadband 7
network, that the broadband network has the ability to maintain the quality of its 8
service while increasing parameters relating to the size of the network, such as the 9
number of users, the number of network nodes, the number of services provided, or 10
the network's geographic spread.
196.504 (2) (a) of the statutes is amended to read:
(a) To make broadband expansion grants to eligible applicants for 13
the purpose of constructing broadband infrastructure in underserved areas 14
designated under par. (d). Grants awarded under this section shall be paid from the 15
appropriation under s. 20.155 (3) (g) (r). In each fiscal year, the total amount of the
16grants may not exceed $1,500,000
196.504 (2) (c) of the statutes is amended to read:
(c) To establish criteria for evaluating applications and awarding 19
grants under this section. The criteria shall prohibit grants that have the effect of 20
subsidizing the expenses of a telecommunication provider or the monthly bills of 21
telecommunications customers. The criteria shall give priority to projects that 22
include matching funds, that involve public-private partnerships, that affect areas 23
with no broadband service providers, that are scalable,
or that affect a large 24
geographic area or a large number of underserved individuals or communities.
196.65 (1) (e) of the statutes is amended to read:
(e) Upon proper demand, fails or refuses to exhibit to the 2
commission, the chairperson of the commission,
or any commissioner or any person 3
authorized to examine it any record of the public utility which is in the possession 4
or under the control of the officer, agent or employee.
200.09 (1) of the statutes is renumbered 200.09 (1) (a) and 6
amended to read:
(a) A Except as provided in par. (b), a
district formed under this 8
subchapter shall be governed by a 5-member commission appointed for staggered 9
5-year terms. Except as provided in par. (b) and
sub. (11), commissioners shall be 10
appointed by the county board of the county in which the district is located. If Except
11as provided in par. (b), if
the district contains territory of more than one county, the 12
county boards of the counties not having the greatest population in the district shall 13
appoint one commissioner each and the county board of the county having the 14
greatest population in the district shall appoint the remainder. Of the initial 15
appointments under this paragraph
, the appointments for the shortest terms shall 16
be made by the counties having the least amount of population, in reverse order of 17
their population included in the district. Commissioners shall be residents of the 18
district. Initial appointments shall be made no sooner than 60 days and no later than 19
90 days after issuance of the department order forming a district or after completion 20
of any court proceedings challenging such order.
200.09 (1) (b) of the statutes is created to read:
(b) A district that contains a 2nd class city with a population of 23
200,000 or more shall be governed by a 9-member commission appointed for 24
staggered 3-year terms. The mayor of the 2nd class city shall appoint 5 individuals 25
as members of the commission. An executive council composed of the elected
executive officers of each city and village that is wholly or partly within the 2
boundaries of the district, except the 2nd class city, shall appoint 3 members of the 3
commission by a majority vote of the members of the executive council. An executive 4
council composed of the elected executive officers of each town that is wholly or partly 5
within the boundaries of the district shall appoint one member of the commission by 6
a majority vote of the members of the executive council.
200.09 (3m) of the statutes is created to read: