Wisconsin SCAODA Legislative Tracking Document
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* SCAODA Four-Year Strategic Plan: 2018-2022 Primary Goals and Objectives
1. Change Wisconsin's cultural norms to transform the state's substance use disorder problems into healthy behavioral outcomes
2. Inform Wisconsin citizens on the negative fiscal, individual, and societal impacts of substance use disorders
3. Advocate for adequate funding, capacity, and infrastructure to implement effective outreach, prevention, treatment, and recovery services for all in need
4. Remedy historical, racial/ethnic, gender, and other bias in substance use disorder systems, policies, and practices
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Memo/Bill NameAuthorsSummaryAssembly ActionsSenate ActionsSCAODA Primary Goals *Council ActionEye on Lobbying
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SB-006Darling, Bernier, Carpenter, Craig, Kooyenga, Marklein, Nass, Taylor
Cosponsors: Ott, Horlacher, Quinn, Spiros, Whichgers
OWI Repeat Offenses
* This bill imposes a mandatory minimum period of 18 months in confinement in prison for fifth and sixth offenses of operating a motor vehicle while intoxicated (OWI)

Under current law:
> an OWI offense is defined as a person operating a motor vehicle while under the influence of an intoxicant, a controlled substance, a controlled substance analog, or any combination thereof, under the influence of any substance to a degree that renders him or her incapable of safely driving, with a detectable amount of a restricted controlled substance in his or her blood, or with a prohibited alcohol concentration
> a person who commits a fifth or sixth OWI offense is guilty of a Class G felony and may be fined up to $25,000, imprisoned for up to ten years, or both
> a person who commits a fifth or sixth OWI offense must be fined at least $600 and imprisoned for at least six months

Under this bill:
> a fifth or sixth OWI would require a sentencing court to impose a sentence that orders the person to spend at least 18 months confined in prison


* Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report
* 1/29/19: Introduced by Senators Darling, Bernier, Carpenter, Craig, Kooyenga, Marklein, Nass, and L. Taylor; cosponsored by Representatives Ott, Horlacher, Quinn, Spiros, and Wichgers
* 1/29/19: Read first time and referred to Senate Committee on Judiciary and Public Safety
* 2/15/19: Fiscal estimate received
* 2/25/19: Fiscal estimate received
* 3/4/19: Fiscal estimate received
* 3/20/19: Fiscal estimate received
* 4/10/19: Fiscal estimate received
* 5/10/19: Fiscal estimate received
* 1/31/19: Wisconsin Chiefs of Police Association Inc >> FOR
* 2/1/19: Mothers Against Drunk Driving >> FOR
* 2/10/19: Wisconsin Profressional Police Association >> UNDISCLOSED
* 4/10/19: Tavern League of Wisconsin, Inc. >> UNDISCLOSED
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AB-016Ott, Horlacher, Novak, Plumer, Quinn, Sortwell, Spiros, Taylor, Wichgers, and Hutton
Cosponsors: Darling, Carpenter, Bernier, Craig, Kooyenga, Marklein, and Nass
OWI Repeat Offenses
* This bill imposes a mandatory minimum period of 18 months in confinement in prison for fifth and sixth offenses of operating a motor vehicle while intoxicated (OWI)

Under current law:
> an OWI offense is defined as a person operating a motor vehicle while under the influence of an intoxicant, a controlled substance, a controlled substance analog, or any combination thereof, under the influence of any substance to a degree that renders him or her incapable of safely driving, with a detectable amount of a restricted controlled substance in his or her blood, or with a prohibited alcohol concentration
> a person who commits a fifth or sixth OWI offense is guilty of a Class G felony and may be fined up to $25,000, imprisoned for up to ten years, or both
> a person who commits a fifth or sixth OWI offense must be fined at least $600 and imprisoned for at least six months

Under this bill:
> a fifth or sixth OWI would require a sentencing court to impose a sentence that orders the person to spend at least 18 months confined in prison
AMENDMENT 1: the court may impose a sentence that is less than 18 months if the it finds that the best interest of the community will be served and the public will not be harmed; and if the court places its reasons on the record
AMENDMENT 2: addition of an appropriation to provide alcohol or other drug abuse treatment to persons sentenced under s. 346.65 (2) (am) 5: $1,706,900 (2019-2020); $1,606,000 (2020-2021)



* Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report

* 2/8/19: Introduced by Representatives Ott, Horlacher, Novak, Plumer, Quinn, Sortwell, Spiros, Taylor, Wichgers, and Hutton; cosponsored by Senators Darling, Carpenter, Bernier, Craig, Kooyenga, Marklein, and Nass
* 2/8/19: Read first time and referred to Committee on Criminal Justice and Public Safety
* 2/26/19: Fiscal estimate received
* 2/27/19: Representative Skowronski added as a coauthor
* 2/28/19: Fiscal estimate received
* 3/4/19: Fiscal estimate received
* 3/14/19: Fiscal estimate received
* 4/4/19: Public hearing held
* 4/10/19: Fiscal estimate received
* 5/1/19: Assembly Amendment 1 offered by Representatives Crowley, Spreitzer, and Emerson
* 5/1/19: Assembly Amendment 2 offered by Representatives Spreitzer, Emerson, and Crowley
* 5/10/19: Fiscal estimate received
* 2/10/19: Wisconsin Professional Police Association: >> UNDISCLOSED
* 3/4/19: Wisconsin Chiefs of Police Association Inc. >> FOR
* 3/7/19: Mothers Against Drunk Driving >> FOR
* 4/4/19: Association of State Prosecutors >> AGAINST
* 4/10/19: Tavern League of Wisconsin, Inc. >> OTHER
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SB-007Darling, Bernier, Carpenter, Jacque, Kooyenga, Larson, Marklein, and Nass
Cosponsors: Ott, Anderson, Horlacher, Quinn, Sortwell, Spiros, and Wichgers
OWI Mandatory Appearance
* This bill requires a person who receives a citation for a civil traffic violation related to operating while intoxicated (OWI) to appear in court to respond to the charge

Under current law:
> generally, a first violation of operating a vehicle while under the influence of an intoxicant, with a detectable amount of a restricted controlled substance in one's blood, or with a prohibited alcohol concentration (OWI-related violation), is a traffic violation punshiable by a civil forfeiture
> local units of government are allowed to enact ordinances in conformity with the state traffic law that punishes most first OWI-realted offenses as a civil violation
> a person who receives a citation for an OWI-related civil traffic violation or who receives a citation for an ordinance in conformity with the OWI-related traffic violation may opt to appear in court to plead not guilty to the violation or may opt to pay the forfeiture assocatied with the violation and avoid an appearance in court
> generally, a person who pays the forfeiture associated with the violation is considered to have pled guilty or no contest to the charge


Under this bill:
> a person who receives a citation for an OWI-related civil traffic violation or who receives a citation for an ordinance in conformity therewith is required to appear in court to plead guilty, no contest, or not guilty to the charge
> if the person fails to appear in court, the court is required to enter a default judgement against the person and impose the applicable penalties and a $300 surcharge for the person's failure to appear
* 1/29/19: Introduced by Senators Darling, Bernier, Carpenter, Jacque, Kooyenga, Larson, Marklein, and Nass; cosponsored by Representatives Ott, Anderson, Horlacher, Quinn, Sortwell, Spiros, and Wichgers
* 1/29/19: Read first time and referred to Senate Committee on Judiciary and Public Safety
* 2/25/19: Fiscal estimate received
* 2/28/19: Fiscal estimate received
* 3/4/19: Fiscal estimate received
* 3/20/19: Fiscal estimate received
* 3/28/19: Fiscal estimate received
* 1/31/19: Wisconsin Chiefs of Police Association Inc >> FOR
* 2/1/19: Mothers Against Drunk Driving >> FOR
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AB-015Ott, Horlacher, Anderson, Plumer, Quinn, Sortwell, Spiros, Wichgers, Jagler, and Hutton
Cosponsors: Darling, Carpenter, Bernier, Jacque, Kooyenga, Larson, Marklein, and Nass
OWI Mandatory Appearance
* This bill requires a person who receives a citation for a civil traffic violation related to operating while intoxicated (OWI) to appear in court to respond to the charge

Under current law:
> generally, a first violation of operating a vehicle while under the influence of an intoxicant, with a detectable amount of a restricted controlled substance in one's blood, or with a prohibited alcohol concentration (OWI-related violation), is a traffic violation punshiable by a civil forfeiture
> local units of government are allowed to enact ordinances in conformity with the state traffic law that punishes most first OWI-realted offenses as a civil violation
> a person who receives a citation for an OWI-related civil traffic violation or who receives a citation for an ordinance in conformity with the OWI-related traffic violation may opt to appear in court to plead not guilty to the violation or may opt to pay the forfeiture assocatied with the violation and avoid an appearnce in court
> generally, a person who pays the forfeiture associated with the violation is considered to have pled guilty or no contest to the charge


Under this bill:
> a person who receives a citation for an OWI-related civil traffic violation or who receives a citation for an ordinance in conformity therewith is required to appear in court to plead guilty, no contest, or not guilty to the charge
> if the person fails to appear in court, the court is required to enter a default judgement against the person and impose the applicable penalties and a $300 surcharge for the person's failure to appear
* 2/8/19: Introduced by Representatives Ott, Horlacher, Anderson, Plumer, Quinn, Sortwell, Spiros, Wichgers, Jagler, and Hutton; cosponsored by Senators Darling, Carpenter, Bernier, Jacque, Kooyenga, Larson, Marklein, and Nass
* 2/8/19: Read first time and referred to Committee on Criminal Justice and Public Safety
* 2/26/19: Fiscal estimate received
* 2/27/19: Representative Skowronski added as a coauthor
* 2/28/19: Fiscal estimate received
* 3/4/19: Fiscal estimate received
* 3/14/19: Fiscal estimate received
* 3/28/19: Fiscal estimate received
* 4/4/19: Public hearing held
* 4/30/19: Assembly Substitute Amendment 1 offered by Representative Ott
* 5/1/19: Assembly Amendment 1 to Assembly Substitute Amendment 1 offered by Representatives Crowley, Spreitzer, and Emerson
*2/10/19: Wisconsin Professional Police Association >> UNDISCLOSED
* 2/25/19: Associated Builders and Contractors of Wisconsin Inc. >> OTHER
* 3/4/19: Wisconsin Chiefs of Police Association Inc. >> FOR
* 3/7/19: Mothers Against Drunk Driving >> FOR
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SB-008Darling, Bernier, Craig, and Marklein
Cosponsors: Ott, Anderson, Gundrum, Kerkman, Spiros, and Wichgers
OWI Homicide
* Under this bill, a person who is convicted of homicide by intoxicated use of a vehicle must be sentenced to a mandatory minimum period of confinement in prison of five years
* The bill creates an exception to the mandatory minimum setence created in this bill if the decedent was a passenger in the person's car and the court finds that the best interests of the community will be served and that the public will not be harmed
* If the court sentences a person to a period of confinement that is less than the mandatory minimum sentence, the bill requires the court to put its findings in writing



* Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report
* 1/29/19: Introduced by Senators Darling, Bernier, Craig, and Marklein; cosponsored by Representatives Ott, Anderson, Gundrum, Kerkman, Spiros, and Wichgers
* 1/29/19: Read first time and referred to Senate Committee on Judiciary and Public Safety
* 2/25/19: Fiscal estimate received
* 3/4/19: Fiscal estimate received
* 3/6/19: Senator Wanggaard added as a coauthor
* 3/20/19: Fiscal estimate received
* 3/28/19: Fiscal estimate received
* 1/31/19: Wisconsin Chiefs of Police Association Inc >> FOR
* 2/1/19: Mothers Against Drunk Driving >> FOR
* 2/10/19: Wisconsin Profressional Police Association >> UNDISCLOSED
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AB-017Ott, Kerkman, Spiros, Wichgers, Anderson, Gundrum, Murphy, and Hutton
Cosponsors: Darling, Craig, Berner, and Marklein
OWI Homicide
* Under this bill, a person who is convicted of homicide by intoxicated use of a vehicle must be sentenced to a mandatory minimum period of confinement in prison of five years
* The bill creates an exception to the mandatory minimum setence created in this bill if the decedent was a passenger in the person's car and the court finds that the best interests of the community will be served and that the public will not be harmed
* If the court sentences a person to a period of confinement that is less than the mandatory minimum sentence, the bill requires the court to put its findings in writing



* Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report

AMENDMENT 1: mandatory minimum period of confinement in prison of five years except that a court may impose a term of confinement that is less than five years if the court finds a compelling reason and places its reason on the record.
* 2/8/19: Introduced by Representatives Ott, Kerkman, Spiros, Wichgers, Anderson, Gundrum, Murphy, and Hutton;
cosponsored by Senators Darling, Craig, Bernier, and Marklein
* 2/8/19: Read firs ttime and referred to Committee on Criminal and Public Safety
* 2/26/19: Fiscal estimate received
* 2/27/19: Representative Skowronski added as coauthor
* 3/4/19: Fiscal estimate received
* 3/5/19: Fiscal estimate received
* 3/14/19: Fiscal estimate received
* 3/28/19: Fiscal estimate received
* 4/4/19: Public hearing held
* 5/1/19: Assembly Amendment 1 offered by Representatives Crowley, Spreitzer, and Emerson
* 3/4/19: Wisconsin Chiefs of Police Association >> FOR
* 3/7/19: Mothers Against Drunk Driving >> FOR
* 4/4/19: Association of State Prosecutors >> AGAINST
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SB-009Darling, Carpenter, Jacque, Kooyenga, Larson, Marklein, Nass, and L. Taylor
Cosponsors: Ott, Anderson, Kerkman, Sinicki, Sortwell, Spiros, Subeck, and Wichgers
OWI First Offense
* This bill criminalizes a first offense related to operating a vehicle while intoxicated (OWI-related offense)

Under current law:
> a first OWI-related offense is a civil violation, unless there was a minor passenger under the age of 16 in the vehicle at the time of the offense
> a person who commits a civil OWI-related offense is subject to a forfeiture of not less than $150 nor more than $300
> subsequent OWI-related offenses are crimes punishable by fines and periods of imprisonment that increase with every subsequent offense
> the penalty can be increased for a second OWI-related offense if the person committed the second offense within ten years of the first offense or if the person committed an OWI-related offense that caused death or great bodily harm to another

Under this bill:
> a person who commits a first OWI-related offense is guilty of a Class C misdemeanor and may be fined up to $500, imprisoned for up to 30 days, or both
> upon petition by the person who has been convicted of a first OWI-related offense, a court may vacate the person's criminal conviction and amend the record to a civil violation if, in the five years since the person was convicted of the offense, he or she has not committed any other OWI-related offense; the clerk of courts amends the court records that are availble in-person and online to show only the civil violation


* Because this bill creates a new crime or revises a penalty for an existing crome, the Joint Committee on Criminal Penalties may be requested to prepare a report
* 1/29/19: Introduced by Senators Darling, Carpenter, Jacque, Kooyenga, Larson, Marklein, Nass, and L. Taylor; cosponsored by Representatives Ott, Anderson, Kerkman, Sinicki, Sortwell, Spiros, Subeck, and Wichgers
* 1/29/19: Read first time and referred to Senate Committee on Judiciary and Public Safety
* 1/25/19: Fiscal estimate received
* 3/4/10: Fiscal estimate received
* 3/14/19: Fiscal estimate received
* 3/20/19: Fiscal estimate received
* 4/17/19: Fiscal estimate received
* 5/10/19: Fiscal estimate received
* 1/31/19: Wisconsin Chiefs of Police Association Inc >> FOR
* 2/1/19: Mothers Against Drunk Driving >> FOR
* 2/10/19: Wisconsin Profressional Police Association >> UNDISCLOSED
* 4/8/19: AAA Wisconsin >> FOR
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AB-018Ott, Spiros, Anderson, Kerkman, Murphy, Sinicki, Subeck, Taylor, Wichgers, and Hutton
Cosponsors: Darling, Carpenter, Jacque, Kooyenga, Larson, Marklein
OWI First Offense
* This bill criminalizes a first offense related to operating a vehicle while intoxicated (OWI-related offense)

Under current law:
> a first OWI-related offense is a civil violation, unless there was a minor passenger under the age of 16 in the vehicle at the time of the offense
> a person who commits a civil OWI-related offense is subject to a forfeiture of not less than $150 nor more than $300
> subsequent OWI-related offenses are crimes punishable by fines and periods of imprisonment that increase with every subsequent offense
> the penalty can be increased for a second OWI-related offense if the person committed the second offense within ten years of the first offense or if the person committed an OWI-related offense that caused death or great bodily harm to another

Under this bill:

> a person who commits a first OWI-related offense is guilty of a Class C misdemeanor and may be fined up to $500, imprisoned for up to 30 days, or both
> a person who commits a second OWI-related offense is subject o increased penalties regardless of whether the person commits the offense within ten years of his or her first OWI-related offense
> upon petition by the person who has been convicted of a first OWI-related offense, a court may vacate the person's criminal conviction and amend the record to a civil violation if, in the five years since the person was convicted of the offense, he or she has not committed any other OWI-related offense; the clerk of courts amends the court records that are availble in-person and online to show only the civil violation


* Because this bill creates a new crime or revises a penalty for an existing crome, the Joint Committee on Criminal Penalties may be requested to prepare a report
* 2/8/19: Introduced by Representatives Ott, Spiros, Anderson, Kerkman, Murphy, Sinicki, Subeck, Taylor, Wichgers, and Hutton; cosponsored by Senators Darling, Carpenter, Jacque, Kooyenga, Larson, and Marklein
* 2/8/19: Read first time and referred to Committee on Criminal Justice and Public Safety
* 2/26/19: Fiscal estimate received
* 2/27/19: Representative Skowronski added as coauthor
* 3/4/19: Fiscal estimate received
* 3/13/19: Ammendment 1 (Representative Ott) > petitioning the court to vacate the person's criminal conviction and amend the record to a civil violation if, in the five years since the person was convicted of the offense, he or she has not commited any other OWI-related offense does not apply to a conviction for a violation committed while a person is engaged in commercial vehicle-related activities, as defined in s. 343.315 (1g).
>> [ammendment to insert: page 4, line 25: after "s. 343.307 (1)"]
* 3/14/19: Fiscal estimate received
* 3/15/19: Fiscal estimate received
* 4/4/19: Public hearing held
* 4/4/419: LRB Correction - Assembly Amendment 1
* 4/17/19: Fiscal estimate received
* 5/1/19: ASSEMBLY AMENDMENT 2 offered by Representatives Spreitzer, Emerson, and Crowley > inclusion of making appropriations to department of administration, department of corrections, department of transportation, and public defender board for costs related to this act.
* 5/10/19: Fiscal estimate received
* 2/10/19: Wisconsin Professional Police Association: >> UNDISCLOSED
* 2/21/19: Wisconsin Medical Society >> FOR
* 3/4/19: Wisconsin Chiefs of Police Association Inc. >> FOR
* 3/7/19: Mothers Against Drunk Driving >> FOR
* 4/8/19: AAA Wisconsin >> FOR
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SB-010Jacque, Wanggaard, Larson, Nass, Schachtner, Smith, and Stroebel
Cosponsors: Horlacher, Duchow, Fields, Gundrum, Kulp, Murphy, Plumer, Ramthun, Rohrkaste, Skowronski, Subeck, C. Taylor, Thiesfeldt, Tittl, Zimmerman, and Tusler
OWI Snowmobile
* This bill establishes an absolute sobriety requirement for the purpose of operating a snowmobile for any person under the age of 21

Under current law:
> no one may operate an all-terrain vehicle, utility-terrain vehicle, off-highway motorcycle, boat, or snowmobile (recreational vehicle) with a prohibited alcohol concentration; under most circumstances, a prohibited alcohol concentration is [0.08]
> for a person who has not attained the age of 21, absolute sobriety is required for the purpose of operating any recreational vehicle except for snowmobiles;
> for the purpose of operating a snowmobile, absolute sobriety is required for a person who has not attained the age of 19

Under this bill:
> the absolute sobriety requirement age is increased to a person under the age of 21 operating any recreational vehicle, including snowmobiles
* 1/29/19: Introduced by Senators Jacque, Wanggaard, Larson, Nass, Schachtner, Smith, and Stroebel; cosponsored by Representatives Horlacher, Duchow, Fields, Gundrum, Kulp, Murphy, Plumer, Ramthun, Rohrkaste, Skowronski, Subeck, C. Taylor, Thiesfeldt, Tittl, Zimmerman, and Tusler
* 1/29/19: Read first time and referred to Senate Committee on Judiciary and Public Safety
* 4/11/19: Representative James added as a cosponsor
* 1/31/19: Wisconsin Chiefs Police Association Inc >> FOR
* 2/1/19: Mothers Against Drunk Driving >> FOR
* 2/1/19: Association of Wisconsin Snowmobile Clubs, Inc. >> FOR
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AB-007Horlacher, Duchow, Fields, Gundrum, Kulp, Murphy, Ramthun, Rohrkaste, Skowronski, Subeck, Taylor, Thiesfeldt, Tittl, Plumer, Zimmerman, and Tusler
Cosponsors: Jacque, Wanggaard, Larson, Nass, Schachtner, Smith, and Stroebel
OWI Snowmobile
* This bill establishes an absolute sobriety requirement for the purpose of operating a snowmobile for any person under the age of 21

Under current law:
> no one may operate an all-terrain vehicle, utility-terrain vehicle, off-highway motorcycle, boat, or snowmobile (recreational vehicle) with a prohibited alcohol concentration; under most circumstances, a prohibited alcohol concentration is [0.08]
> for a person who has not attained the age of 21, absolute sobriety is required for the purpose of operating any recreational vehicle except for snowmobiles;
> for the purpose of operating a snowmobile, absolute sobriety is required for a person who has not attained the age of 19

Under this bill:
> > the absolute sobriety requirement age is increased to a person under the age of 21 operating any recreational vehicle, including snowmobiles
* 2/5/19: Introduced by Representatives Horlacher, Duchow, Fields, Gundrum, Kulp, Murphy, Ramthun, Rohrkaste, Skowronski, Subeck, Taylor, Thiesfeldt, Tittl, Plumer, Zimmerman, and Tusler; cosponsored by Senators Jacque, Wanggaard, Larson, Nass, Schachtner, Smith, and Stroebel
* 2/5/19: Read first time and referred to Committee on Criminal Justice and Public Safety
* 3/7/19: Public hearing held
* 5/1/19: Criminal Justice and Public Safety cancelled Executive Session
* 2/6/19: Association of Wisconsin Snowmobile Clubs Inc. >> FOR
* 2/10/19: Wisconsin Professional Police Association >> FOR
* 3/4/19: Wisconsin Chiefs of Police Association Inc >> FOR
* 3/6/19: Badger State Sheriffs' Association >> FOR
* 3/6/19: Wisconsin Sheriffs and Deputy Sheriffs Association >> FOR
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SB-026Darling, Jacque, Roth, Johnson, Feyen, Marklein, Nass, Olsen, Ringhand, Wanggaard, Testin, Cowles, LeMahieu, Carpenter, and Wirch
Cosponsors: Nygren, Oldenburg, Schraa, Kolste, Subeck, Rodriguez, Ballweg, Dittrich, Petersen, Horlacher, Vorpagel, Mursau, Kuglitsch, Spiros, Edming, Gundrum, Felzkowski, Kulp, Skowronski, Thiesfeldt, Brooks, Ramthun, Tittl, Swearingen, Novak, Jagler, VanderMeer, Zimmerman, Krug, Quinn, Rohrkaste, Duchow, Magnafici, Born, Kurtz, Brandtjen, Plumer, Summerfield, Loudenbeck, Ott, and Knodl
Step Therapy Protocol - Exception Protocol
* This bill sets specifications on the development and use of and exceptions to step therapy protocols (STP) for prescription drug coverage

Background information:
> step therapy protocol: (as defined in the bill) is a protocol that establishes the specific sequence in which prescription drugs for a specified medical condition that are medically appropriate for a particular patient are covered by a policy or plan
> i.e. insurance companies often have a "fail-first" policy -- someone has to try the cheapest option first before they will agree to cover more
> clinical practice guideline: a systematically developed statement to assist decision-making by health care providers and patients about appropriate health care for specific clinical circumstances and conditions
> clinical review criteria: written screening procedures, decision abstracts, clinical protocols, and clinical practice guidelines used by an insurer, pharmacy benefit manager, or utilization review organization to determine whether health care services are medically necessary and appropriate
> exigent circumstances: when a patient is suffering from a health condition that may seriously jeopardize the patient's life, health, or ability to regain maximum function
> when establishing a step therapy protocol, an insurer, pharmacy benefit manager, or utilization review organization must use clinical review criteria based on clinical practice guidelines that satisifes the following:
>> the guidelines recommend that the prescription drugs be taken in the specific sequence required by the STP
>> the guidelines are developed and endorsed either by a multidisciplinary panel of experts that manages conflicts of interest among its members or, (in the absense of a multidisciplinary panel) based on peer reviewed publications
>> the guidelines are based on evidence-based, high quality studies, research, and medical practice
>> the guidelines are created in an explicit and transparent process that does all of the following: (a) minimizes biases and conflicts of interest; (b) explains the relationship between treatment options and outcomes; (c) rates the quality of evidence supporting recommendations; (d) considers relevant patient subgroups and preferences
>> the guidelines are continually updated through a review of new evidence and research and newly developed treatments

Under this Bill:
> the insurer, pharmacy benefit manager, or utilization review organization is required to consider the needs of atypical patient populations and diagnoses when establishing the use clinical review criteria based on clinical practice guidelines that meet certain criteria specified in the bill when establishing an STP
> if an STP restricts the coverage of a prescription drug, the insurer, pharmacy benefit manager, or utilization review organization must provide access to a clear, readily accessible, convenient process to request an exception to the STP; an existing medical exceptions process may be used to satisfy this requirement
> the insurer, pharmacy benefit manager, or utilization review organization must grant an exception to the STP if the prescribing provider submits complete, clinically relevant written documentation supporting the request and any of the following are satisfied:
> the insurer, pharmacy benefit manager, or utilization review organization must expeditiously grand an exception to the STP under certain circumstances specified in the bill, including:
>> when the drug is contraindicated for the patient or will likely cause an adverse reaction for the patient
>> the drug is expected to be ineffective
>> the patient tried the drug previously and discontinued its use due to adverse event or ineffectiveness
>> use of the drug is not in the patient's best interest
>> or the patient is stable on a different drug under this or a previous policy or plan
> upon granting an exception to the STP, the insurer, pharmacy benefit manager, or utilization review organization must authorize coverage for the drug prescribed by the patient's treating health care provider to the extent the drug is covered under the patient's policy or plan
> an insured individual may appeal a denied request for an exception to the STP
> an insurer, pharmacy benefit manager, or utilization review organization must grant or deny a request for an exception (or an appeal) within 72 hours of receipt, or within 24 hours in exigent circumstances 3 business days (or by the end of the next business day in exigent circumstances) of receipt of supporting documentation
> if this deadline is not met, the exception is considered granted
* 2/8/19: Introduced by Senators Darling, Jacque, Roth, Johnson, Feyen, Marklein, Nass, Olsen, Ringhand, Wanggaard, Testin, Cowles, LeMahieu, Carpenter, and Wirch; cosponsored by Representatives Nygren, Oldenburg, Schraa, Kolste, Subeck, Rodriguez, Ballweg, Dittrich, Petersen, Horlacher, Vorpagel, Mursau, Kuglitsch, Spiros, Edming, Gundrum, Felzkowski, Kulp, Skowronski, Thiesfeldt, Brooks, Ramthun, Tittl, Swearingen, Novak, Jagler, VanderMeer, Zimmerman, Krug, Quinn, Rohrkaste, Duchow, Magnafici, Born, Kurtz, Brandtjen, Plumer, Summerfield, Loudenbeck, Ott, and Knodl
* 2/8/19: Read first time and referred to Committee on Health and Human Services
* 3/7/19: Representative Sinicki added as a cosponsor
* 3/26/19: Senate Subsitute Amendment 1 offered by Senator Darling
* 3/27/19: Representative Ohnstad added as a cosponsor
* 4/17/19: Public hearing held
* 4/17/19: Senator Bewley added as a coauthor
* 5/7/19: Executive action taken: Report adoption of Senate Substitute Amendment 1 recommended by Committee on Health and Human Services (5-0)
*5/7/19: Executive action taken: PASSAGE AS AMENDED RECOMMENDED (5-0)
* 5/7/19: Available for scheduling
* 2/11/19: WPS Health Insurance >> AGAINST
--- "The bill is not acceptable as written."
* 2/11/19: Celgene Corporation >> FOR
* 2/11/19: American Diabetes Association >> FOR
* 2/11/19: American Cancer Society Cancer Action Network (ACS CAN) >> FOR
* 2/11/19: Alliance of Health Insurers, U.A. >> AGAINST
* 2/12/19: Wisconsin Primary Health Care Association (WPHCA) >> FOR
* 2/13/19: Wisconsin Association of Health Plans >> AGAINST
* 2/13/19: Wisconsin Academy of Family Physicians >> FOR
* 2/13/19: Sunovian Pharmaceuticals Inc. >> FOR
* 2/13/19: Pfizer >> FOR
* 2/13/19: Common Ground Healthcare Cooperative >> AGAINST
* 2/13/19: Anthem Inc. and its Affiliates >> AGAINST
* 2/14/19: Coalition of Wisconsin Aging Groups >> FOR
* 2/14/19: America's Health Insurance Plan (AHIP) >> AGAINST >> OTHER
* 2/14/19: American Lung Association, dba American Lung Association in Wisconsin >> FOR
* 2/15/19: Sanofi US (FKA Sanofi-Aventis) >> FOR
* 2/15/19: CVS Health >> UNDISCLOSED
* 2/15/19: Bio Forward Inc. (formerly Wisconsin Biotechnology and Medical Device Association) >> FOR
* 2/19/19: Wisconsin Psychiatric Association >> FOR
* 2/19/19: Humana Inc >> AGAINST
---
"The legislation in its current form impedes critical care management tools like step therapy developed by clinicians to protect patients and encourage the first use of lower cost, potentially less harmful alternative therapies."
* 2/20/19: SSM Health >> OTHER
* 2/21/19: National Alliance on Mental Illness Wisconsin >> FOR
* 3/1/19: Wisconsin Medical Society >> FOR
* 3/7/19: Network Health Plan >> UNDISCLOSED >> OTHER
* 3/8/19: National Psoriasis Foundation >> FOR
* 3/11/19: WEA Insurance Corporation >> UNDISCLOSED
* 3/11/19: Health Tradition Health Plan, Inc. >> UNDISCLOSED
* 3/12/19: Hometown Pharmacy Partnerships LLC >> FOR
* 3/22/19: AIDS Resource Center of Wisconsin >> FOR
* 3/25/19: Molina Healthcare, Inc. >> UNDISCLOSED
* 3/25/19: Walgreen Co >> UNDISCLOSED
* 3/28/19: Medical College of Wisconsin >> FOR
* 4/5/19: Amgen, Inc. >> FOR
14
AB-024Nygren, Oldenburg, Schraa, Kolste, Subeck, Rodriguez, Ballweg, Dittrich, Petersen, Horlacher, Vorpagel, Mursau, Kuglitsch, Spiros, Edming, Gundrum, Felzkowski, Kulp, Skowronski, Brooks, Ramthun, Thiesfeldt, Tittl, Swearingen, Novak, Jagler, VanderMeer, Zimmerman, Krug, Quinn, Rohrkaste, Duchow, Magnafici, Born, Kurtz, Brandtjen, Plumer, Summerfield, Loudenbeck, Ott, and Knodl
Cosponsors: Darling, Jacque, Roth, Johson, Feyen, Marklein, Nass, Olsen, Ringhand, Wanggaard, Testin, Cowles, LeMahieu, Carpenter, and Wirch
Step Therapy Protocol - Exception Protocol
* This bill sets specifications on the development and use of and exceptions to step therapy protocols (STP) for prescription drug coverage


Background information:

> step therapy protocol: (as defined in the bill) is a protocol that establishes the specific sequence in which prescription drugs for a specified medical condition that are medically appropriate for a particular patient are covered by a policy or plan
> i.e. insurance companies often have a "fail-first" policy -- someone has to try the cheapest option first before they will agree to cover more
> clinical practice guideline: a systematically developed statement to assist decision-making by health care providers and patients about appropriate health care for specific clinical circumstances and conditions
> clinical review criteria: written screening procedures, decision abstracts, clinical protocols, and clinical practice guidelines used by an insurer, pharmacy benefit manager, or utilization review organization to determine whether health care services are medically necessary and appropriate
> exigent circumstances: when a patient is suffering from a health condition that may seriously jeopardize the patient's life, health, or ability to regain maximum function
> when establishing a step therapy protocol, an insurer, pharmacy benefit manager, or utilization review organization must use clinical review criteria based on clinical practice guidelines that satisifes the following:
>> the guidelines recommend that the prescription drugs be taken in the specific sequence required by the STP
>> the guidelines are developed and endorsed either by a multidisciplinary panel of experts that manages conflicts of interest among its members or, (in the absense of a multidisciplinary panel) based on peer reviewed publications
>> the guidelines are based on evidence-based, high quality studies, research, and medical practice
>> the guidelines are created in an explicit and transparent process that does all of the following: (a) minimizes biases and conflicts of interest; (b) explains the relationship between treatment options and outcomes; (c) rates the quality of evidence supporting recommendations; (d) considers relevant patient subgroups and preferences
>> the guidelines are continually updated through a review of new evidence and research and newly developed treatments

Under this Bill:

> the insurer, pharmacy benefit manager, or utilization review organization is required to consider the needs of atypical patient populations and diagnoses when establishing the use clinical review criteria based on clinical practice guidelines that meet certain criteria specified in the bill when establishing an STP
> if an STP restricts the coverage of a prescription drug, the insurer, pharmacy benefit manager, or utilization review organization must provide access to a clear, readily accessible, convenient process to request an exception to the STP; an existing medical exceptions process may be used to satisfy this requirement
> the insurer, pharmacy benefit manager, or utilization review organization must grant an exception to the STP if the prescribing provider submits complete, clinically relevant written documentation supporting the request and any of the following are satisfied:
> the insurer, pharmacy benefit manager, or utilization review organization must expeditiously grand an exception to the STP under certain circumstances specified in the bill, including:
>> when the drug is contraindicated for the patient or will likely cause an adverse reaction for the patient
>> the drug is expected to be ineffective
>> the patient tried the drug previously and discontinued its use due to adverse event or ineffectiveness
>> use of the drug is not in the patient's best interest
>> or the patient is stable on a different drug under this or a previous policy or plan
> upon granting an exception to the STP, the insurer, pharmacy benefit manager, or utilization review organization must authorize coverage for the drug prescribed by the patient's treating health care provider to the extent the drug is covered under the patient's policy or plan
> an insured individual may appeal a denied request for an exception to the STP
> an insurer, pharmacy benefit manager, or utilization review organization must grant or deny a request for an exception (or an appeal) within 72 hours of receipt, or within 24 hours in exigent circumstances 3 business days (or by the end of the next business day in exigent circumstances) of receipt of supporting documentation
> if this deadline is not met, the exception is considered granted
* 2/12/19: Introduced by Representatives Nygren, Oldenburg, Schraa, Kolste, Subeck, Rodriguez, Ballweg, Dittrich, Petersen, Horlacher, Vorpagel, Mursau, Kuglitsch, Spiros, Edming, Gundrum, Felzkowski, Kulp, Skowronski, Brooks, Ramthun, Thiesfeldt, Tittl, Swearingen, Novak, Jagler, VanderMeer, Zimmerman, Krug, Quinn, Rohrkaste, Duchow, Magnafici, Born, Kurtz, Brandtjen, Plumer, Summerfield, Loudenbeck, Ott, and Knodl; cosponsored by Senators Darling, Jacque, Roth, Johson, Feyen, Marklein, Nass, Olsen, Ringhand, Wanggaard, Testin, Cowles, LeMahieu, Carpenter, and Wirch
* 2/12/19: Read first time and referred to Committee on Health
* 3/7/19: Representative Sinicki added as coauthor
* 3/26/19: Assembly Substitute Ammendment 1 offered by Representative Nygren
* 3/27/19: Representative Ohnstad added as a coauthor
* 4/11/19: Representative James added as a coauthor
* 4/17/19: Senator Bewley added as a cosponsor
* 4/17/19: Public hearing held
* 5/9/19: Executive action taken: PASSAGE AS AMENDED RECOMMENDED, (13-0)
* 2/13/19: Wisconsin Association of Health Plans >> AGAINST
* 2/13/19: Wisconsin Academy of Family Physicians >> FOR
* 2/13/19: Sunovian Pharmaceuticals Inc. >> FOR
* 2/13/19: Pfizer >> FOR
* 2/13/19: Celgene Corporation >> FOR
* 2/13/19: American Cancer Society Cancer Action Network (ACS CAN) >> FOR
* 2/13/19: Common Ground Healthcare Cooperative >> AGAINST
* 2/13/19: Anthem Inc. and its Affiliates >> AGAINST
* 2/14/19: Wisconsin Primary Health Care Association (WPHCA) >> FOR
* 2/14/19: Coalition of Wisconsin Aging Groups >> FOR
* 2/14/19: American Lung Association, dba American Lung Association in Wisconsin >> FOR
* 2/15/19: Sanofi US (FKA Sanofi-Aventis) >> FOR
* 2/15/19: CVS Health >> UNDISCLOSED
* 2/15/19: American Diabetes Association >> FOR
* 2/15/19: Bio Forward Inc. (formerly Wisconsin Biotechnology and Medical Device Association) >> FOR
* 2/18/19: WPS Health Insurance >> AGAINST
* 2/19/19: Wisconsin Psychiatric Association >> FOR
* 2/19/19: Humana Inc >> AGAINST
--- "The legislation in its current form impedes critical care management tools like step therapy developed by clinicians to protect patients and encourage the first use of lower cost, potentially less harmful alternative therapies."
* 2/20/19: SSM Health >> OTHER
* 2/21/19: National Alliance on Mental Illness Wisconsin >> FOR
* 2/28/19: Alliance of Health Insurers, U.A. >> AGAINST
* 3/1/19: Wisconsin Medical Society >> FOR
* 3/7/19: Network Health Plan >> UNDISCLOSED >> OTHER
* 3/8/19: National Psoriasis Foundation >> FOR
* 3/11/19: WEA Insurance Corporation >> UNDISCLOSED
* 3/11/19: Health Tradition Health Plan, Inc. >> UNDISCLOSED
* 3/12/19: Hometown Pharmacy Partnerships LLC >> FOR
* 3/22/19: AIDS Resource Center of Wisconsin Inc >> FOR
* 3/25/19: America's Health Insurance Plans (AHIP) >> OTHER
* 3/25/19: Molina Healthcare, Inc. >> UNDISCLOSED
* 3/25/19: Walgreen Co >> UNDISCLOSED
* 3/28/19: Medical College of Wisconsin >> FOR
* 4/5/19: Amgen, Inc. >> FOR
15
SB-058Larson, Carpenter, and Smith
Cosponsors: Sinicki, Brostoff, Anderson, Spreitzer, Considine, Vruwink, Emerson, Fields, Bowen, Ott, Pope, Subeck, and Myers
Ignition Interlock
* This bill expands the ignition interlock requirement to all OWI offenses that involve the use of alcohol

Under current law:
> a court must order a person's operating privilege restricted to operating vehicles that are equipped with an ignition interlock device if a person is convicted of:
>> a second or subsequent offense related to operating a motor vehicle while under the influence of an intoxicant or other drug,
>> with a prohibited alcohol concentration
>> or with a measurable amount of a controlled substance in his or her blood (OWI offense)
>> or a first OWI offense for which his or her alcohol concentration is 0.15 or greater

Under this bill:
> the ignition interlock requirement expands to all OWI offenses that involve the use of alcohol
* 2/25/19: Introduced by Senators Larson, Carpenter, and Smith; cosponsored by Representatives Sinicki, Brostoff, Anderson, Spreitzer, Considine, Vruwink, Emerson, Fields, Bowen, Ott, Pope, Subeck, and Myers
* 2/25/19: Read first time and referred to Committee on Judiciary and Public Safety
* 2/27/19: Representative Taylor added as a cosponsor
* 3/7/19: Fiscal estimate received
* 3/21/19: Fiscal estimate received
* 2/27/19: Mothers Against Drunk Driving >> FOR
* 4/8/19: AAA Wisconsin >> FOR
16
AB-061Sinicki, Brostoff, Anderson, Spreitzer, Considine, Vruwink, Emerson, Fields, Bowen, Ott, Pope, Subeck, Myers, and Taylor
Cosponsors: Larson, Carpenter, and Smith
Ignition Interlock
* This bill expands the ignition interlock requirement to all OWI offenses that involve the use of alcohol

Under current law:
> a court must order a person's operating privilege restricted to operating vehicles that are equipped with an ignition interlock device if a person is convicted of:
>> a second or subsequent offense related to operating a motor vehicle while under the influence of an intoxicant or other drug,
>> with a prohibited alcohol concentration
>> or with a measurable amount of a controlled substance in his or her blood (OWI offense)
>> or a first OWI offense for which his or her alcohol concentration is 0.15 or greater

Under this bill:
> the ignition interlock requirement expands to all OWI offenses that involve the use of alcohol
* 3/7/19: Introduced by Representatives Sinicki, Brostoff, Anderson, Spreitzer, Considine, Vruwink, Emerson, Fields, Bowen, Ott, Pope, Subeck, Myers, and Taylor; cosponsored by Senators Larson, Carpenter, and Smith
* 3/7/19: Read first time and referred to Committee on Criminal Justice and Public Safety
* 3/13/19: Fiscal estimate received
* 3/20/19: Fiscal estimate received
* 3/8/19: Mothers Against Drunk Driving >> FOR
* 4/8/19: AAA Wisconsin >> FOR
17
AB-062Myers, Anderson, Subeck, Sinicki, Vruwink, Zamarripa, Fields, Brostoff, Spreitzer, Shankland, and Hebl
Cosponsors: Taylor and Carpenter
Prescription Drug Cost Disclosures
* This bill imposes disclosure requirements related to prescription drug costs on drug manufacturers and health insurers


Under this bill:
> when the cost of a course of therapy whose wholesale acquisition cost exceeds $40 increases by more than 16%, the manufacturer of that prescription drug is required to notify certain purchasers of the drug, including the state, health insurers, and pharmacy benefit managers doing business in Wisconsin
> the notice must be provided at least 60 days prior to the increase to the purchasers who have registered with the Office of the Commissioner of Insurance (OCI) to receive notification
> in addition to notifying the purchasers, the manufacturer must also provide OCI with specified information about the increase, including the financial and nonfinancial factors used to make the decision to increase the drug's cost
> drug manufacturers must also notify OCI if the manufacturer releases a new drug whose wholesale acquisition cost exceeds the specialty drug tier threshold under the Medicare Part D program, which is currently $670 for a one-month supply
> OCI must publish the information it receives from manufacturers about cost increases and high-cost new drugs on its website
> manufacturers who fail to report information to OCI may be liable for a penalty of $1000 for each day of the failure
> insurers issuing health insurance coverage in this state are required to file an annual report with OCI that identifies which of the plan's covered drugs have the highest prescription rates and costs, and for large group plans, provides information about the relationship between prescription drug costs and premium rates
> OCI must use this information to compile an annual report that analyzes the overall impact in the state of drug costs on health care premiums; the report must be distributed to the legislature and published on OCI's website
* 3/7/19: Introduced by Representatives Myers, Anderson, Subeck, Sinicki, Vruwink, Zamarripa, Fields, Brostoff, Spreitzer, Shankland, and Hebl; cosponsored by Senators Taylor and Carpenter
* 3/7/19: Read first time and referred to Committee on Insurance
* 3/22/19: Common Ground Healthcare Cooperative >> UNDISCLOSED
18
SB-073Jacque, Taylor, Carpenter, Johnson, Kooyenga, and Marklein
Cosponsors: Brandtjen, Dittrich, Brooks, Crowley, Duchow, Horlacher, Kerkman, Kitchens, Kuglitsch, Kulp, Mursau, Myers, Oldenburg, Plumer, Quinn, Ramthun, Rohrkaste, Sinicki, Skowronski, Spreitzer, Subeck, Taylor, Thiesfeldt, Tittl, Tusler, and Wichgers
Vapor Product Sales
* This bill prohibits the sale of vapor products to minors and the purchase of those products by or for minors

Under current law:
> certain actors, such as retailer and manufacturers, are prohibited from selling cigarettes, tobacco products, or nicotine products to a person who is under the age of 18 (a minor), and from providing cigarettes, tobacco products, or nicotine products for free to any person unless the cigarettes or products are provided in a place where minors are generally not permitted to enter
> minors are prohibited from purchasing, attempting to purchase, posessing, or falsely representing his or her age for the purpose of receiving any cigarette, nicotine product, or tobacco product, with certain limited exceptions
>> a person under 18 years of age may purchase or possess cigarettes, nicotine products, or tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer
>> a person under 18 years of age - but not under 15 years of age - may purchase, attempt to purchase, or possess cigarettes, nicotine products, or tobacco products in the course of his or her participation in an investigation under s. 254.916 that is conducted in accordance with s. 254.916 (3)
> any person is prohibited from puchasing cigarettes, nicotine products, or tobacco products on behalf of a minor

Under this bill:
> similarly prohibits the sale or provision of vapor products, such as e-cigarettes and vape pens, to minors
> similarly prohibits the purchase or vapor products by or on behalf of minors
* 3/1/19: Introduced by Senators Jacque, Taylor, Carpenter, Johnson, Kooyenga, and Marklein; cosponsored by Representatives Brandtjen, Dittrich, Brooks, Crowley, Duchow, Horlacher, Kerkman, Kitchens, Kuglitsch, Kulp, Mursau, Myers, Oldenburg, Plumer, Quinn, Ramthun, Rohrkaste, Sinicki, Skowronski, Spreitzer, Subeck, Taylor, Thiesfeldt, Tittl, Tusler, and Wichgers
* 3/1/19: Read first time and referred to Committee on Judiciary and Public Safety
* 3/12/19: Senator Wanggaard added as a coauthor
* 4/15/19: Fiscal estimate received
* 4/18/19: Senator Risser added as a coauthor
* 3/4/19: Gundersen Health System >> FOR
* 3/4/19: Wisconsin Medical Society >> FOR
* 3/5/19: Wisconsin Sheriff and Deputy Sheriff's Association >> FOR
* 3/5/19: Marshfield Clinic Health System >> FOR
* 3/5/19: Badger State Sheriff's Association >> FOR
* 3/7/19: American Lung Association, dba American Lung Association in Wisconsin >> UNDISCLOSED
* 3/14/19: Wisconsin Primary Health Care Association (WPHCA) >> FOR
* 3/14/19: Wisconsin Cheifs of Police Association Inc >> FOR
* 3/15/19: Washington County >> OTHER
* 3/20/19: American Cancer Society Cancer Action Network (ACS CAN) >> FOR
* 3/27/19: Altria Client Services LLC >> OTHER (neutral)
* 3/30/19: Vapor Technology Association >> UNDISCLOSED
* 4/1/19: DCI Group AZ L.L.C. >> OTHER
* 4/10/19: Wisconsin Association of School Nurses >> FOR
* 4/23/19: American Heart Association >> FOR
* 5/21/19: City of Milwaukee >> FOR
19
AB-065Brandtjen, Dittrich, Brooks, Crowley, Duchow, Horlacher, Kerkman, Kitchens, Kuglitsch, Kulp, Mursau, Myers, Oldenburg, Plumer, Quinn, Ramthun, Rohrkaste, Sinicki, Skowronski, Spreitzer, Subeck, Taylor, Thiesfeldt, Tittl, Tusler, and Whichgers
Cosponsors: Jacque, Taylor, Carpenter, Kooyenga, Marklein, and Johnson
Vapor Product Sales
* This bill prohibits the sale of vapor products to minors and the purchase of those products by or for minors

Under current law:
> certain actors, such as retailer and manufacturers, are prohibited from selling cigarettes, tobacco products, or nicotine products to a person who is under the age of 18 (a minor), and from providing cigarettes, tobacco products, or nicotine products for free to any person unless the cigarettes or products are provided in a place where minors are generally not permitted to enter
> minors are prohibited from purchasing, attempting to purchase, posessing, or falsely representing his or her age for the purpose of receiving any cigarette, nicotine product, or tobacco product, with certain limited exceptions
>> a person under 18 years of age may purchase or possess cigarettes, nicotine products, or tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer
>> a person under 18 years of age - but not under 15 years of age - may purchase, attempt to purchase, or possess cigarettes, nicotine products, or tobacco products in the course of his or her participation in an investigation under s. 254.916 that is conducted in accordance with s. 254.916 (3)
> any person is prohibited from puchasing cigarettes, nicotine products, or tobacco products on behalf of a minor

Under this bill:
> similarly prohibits the sale or provision of vapor products, such as e-cigarettes and vape pens, to minors
> similarly prohibits the purchase or vapor products by or on behalf of minors
* 3/7/19: Intoduced by Representatives: Brandtjen, Dittrich, Brooks, Crowley, Duchow, Horlacher, Kerkman, Kitchens, Kuglitsch, Kulp, Mursau, Myers, Oldenburg, Plumer, Quinn, Ramthun, Rohrkaste, Sinicki, Skowronski, Spreitzer, Subeck, Taylor, Thiesfeldt, Tittl, Tusler, and Whichgers; cosponsored by Senators Jacque, Taylor, Carpenter, Kooyenga, Marklein, and Johnson
* 3/7/19: Read first time and referred to Committee on State Affairs
* 4/18/19: Fiscal estimate received
* 3/8/19: Gundersen Health System >> FOR
* 3/8/19: Wisconsin Medical Society >> FOR
* 3/14/19: Wisconsin Primary Health Care Association (WPHCA) >> FOR
* 3/14/19: Wisconsin Chiefs of Police Association Inc >> FOR
* 3/14/19: Marshfield Clinic Health System >> FOR
* 3/20/19: American Cancer Society Cancer Action Network (ACS CAN) >> FOR
* 3/27/19: Altria Client Services LLC >> OTHER (neutral)
* 3/29/19: American Lung Association, dba American Lung Association in Wisconsin >> FOR
* 3/30/19: Vapor Technology Association >> UNDISCLOSED
* 4/1/19: DCI Group AZ L.L.C. >> OTHER
* 4/10/19: Wisconsin Association of School Nurses >> FOR
* 4/23/19: American Heart Association >> FOR
* 5/21/19: City of Milwaukee >> FOR
20
SB-083Kooyenga, Craig, Erpenbach, Stroebel, Taylor, and Nass
Cosponsors: Vorpagel, Subeck, Duchow, Gundrum, Hutton, Jagler, Kitchens, Macco, Ramthun, Tusler, Vruwink, Wichgers, and Brandtjen
Liquor Sales
* This bill allows certain liquor retailers to sell distilled spirits, in any quantity, for off-premises consumption in municipalities that allow such off-premises sales

Under current law:
> no persons may sell alcohol beverages at retail unless the person possesses a license or permit authorizing the sale (with specific exceptions)
> a "class B" license, issued by a municipality, authorizes: (a) retail sale of fermented malt beverages (beer) on or off the premises (ex: restaurants, "beer bars"); or (b) retail sale of intoxicating liquor (including wine) for consumption on the premises, and wine in original sealed containers for consumption off the premises; if the municipality elects to, it may also permit sale of not more than four liters of intoxicating liquor at any time (there are no limits on the quantity of wine that may be sold), in the original sealed container, for consumption off the premises; state law also allows carryout of a single, opened (resealed) bottle of wine, if sold with a meal at either a "class B' or "class C" licensed premises (ex: taverns and restaurants with alcohol beverage service)
> a municipality may also, by ordinance, authorize "class B" licenses to sell, in quantities not exceeding four liters at any time, distilled spirits in the original package or container for consumption off the licensed premises

Under this bill:
> elimination of the four-liter limit on "class B" licensees for distilled spirits sales for off-premeses consumption in municipalities that, by ordinance, allow such off-premises sales
> a "class B" license allows for the sale of intoxicating liquor in the original package or container, in any quantity, to be consumed off the premises of where it was sold

* 3/7/19: Introduced by Senators Kooyenga, Craig, Erpenbach, Stroebel, Taylor, and Nass; cosponsored by Representatives Vorpagel, Subeck, Duchow, Gundrum, Hutton, Jagler, Kitchens, Macco, Ramthun, Tusler, Vruwink, Wichgers, and Brandtjen
* 3/7/19: Read first time and referred to Committee on Economic Development, Commerce, and Trade
* 3/15/19: Representative Bowen added as a cosponsor
* 4/23/19: Public hearing held
* 3/8/19: Retail Services & Systems, Inc. d/b/a Total Wine & More >> FOR
* 3/11/19: Tavern League of Wisconsin, Inc. >> FOR
* 3/12/19: Wisconsin Grocers Association >> FOR
21
AB-074Vorpagel, Subeck, Duchow, Gundrum, Hutton, Jagler, Kitchens, Macco, Ramthun, Tusler, Vruwink, Wichgers, and Brandtjen
Cosponsors: Kooyenga, Craig, Erpenbach, Stroebel, Taylor, and Nass
Liquor Sales
* This bill allows certain liquor retailers to sell distilled spirits, in any quantity, for off-premises consumption in municipalities that allow such off-premises sales

Under current law:
> no persons may sell alcohol beverages at retail unless the person possesses a license or permit authorizing the sale (with specific exceptions)
> a "class B" license, issued by a municipality, authorizes: (a) retail sale of fermented malt beverages (beer) on or off the premises (ex: restaurants, "beer bars"); or (b) retail sale of intoxicating liquor (including wine) for consumption on the premises, and wine in original sealed containers for consumption off the premises; if the municipality elects to, it may also permit sale of not more than four liters of intoxicating liquor at any time (there are no limits on the quantity of wine that may be sold), in the original sealed container, for consumption off the premises; state law also allows carryout of a single, opened (resealed) bottle of wine, if sold with a meal at either a "class B' or "class C" licensed premises (ex: taverns and restaurants with alcohol beverage service)
> a municipality may also, by ordinance, authorize "class B" licenses to sell, in quantities not exceeding four liters at any time, distilled spirits in the original package or container for consumption off the licensed premises

Under this bill:
> elimination of the four-liter limit on "class B" licensees for distilled spirits sales for off-premeses consumption in municipalities that, by ordinance, allow such off-premises sales
> a "class B" license allows for the sale of intoxicating liquor in the original package or container, in any quantity, to be consumed off the premises of where it was sold

* 3/7/19: Introduced by Representatives Vorpagel, Subeck, Duchow, Gundrum, Hutton, Jagler, Kitchens, Macco, Ramthun, Tusler, Vruwink, Wichgers, and Brandtjen; cosponsored by Senators Kooyenga, Craig, Erpenbach, Stroebel, Taylor, and Nass
* 3/7/19: Read first time and referred to Committee on State Affairs
* 3/13/19: Fiscal estimate received
* 3/13/19: Public hearing held
* 3/15/19 Representative Bowen added as a coauthor
* 3/27/19: Representative Stubbs added as a coauthor
* 3/27/19: Executive action taken >> PASSAGE RECOMMENDED, Ayes 15, Noes 0
* 3/8/19: Retail Services & Systems, Inc. d/b/a Total Wine & More >> FOR
* 3/11/19: Tavern League of Wisconsin, Inc. >> FOR
* 3/12/19: Wisconsin Grocers Association >> FOR
* 3/15/19: NAIOP Wisconsin >> OTHER
22
SB-118Jacque, Schachtner, Taylor, Bewley, Carpenter, Darling, Hansen, Johnson, Larson, Miller, Olsen, Petrowski, and Wanggaard
Cosponsors: Mursau, Billings, Allen, Anderson, Ballweg, Bowen, Brandtjen, Considine, Crowley, Dittrich, Doyle, Duchow, Edming, Emerson, Felzkowski, Goyke, Gruszyinski, Gundrum, Hesselbein, Kitchens, Kolste, Kulp, Loudenbeck, Meyers, Milroy, Myers, Ohnstad, Oldenburg, Pope, Quinn, Ramthun, Riemer, Rodriguez, Sargent, Sinicki, Skowronski, Spiros, Spreitzer, Steffen, Stuck, Subeck, Taylor, Thiesfeldt, Tittl, Tusler, VanderMeer, and Vruwink
Retail Placement of Cigarettes, Nicotine Products, and Tobacco Products
* This bill creates guidelines for the placement of cigarettes, nicotine products, or tobacco products in retail locations and provides a penalty

Under current law:
> there are imposed restrictions on sales from a vending machine that this bill does not affect

Under this bill:
> retailers are allowed to place cigarettes, nicotine products, or tobacco products only in locations that are inaccessible to customers without assistance, such as behind the counter or in a locked case
> this restriction does not apply to: (1) cigarettes, nicotine, or tobacco products sold in a vending machine; (2) retail locations that generate 75% or more of its revenue from the sales of cigarettes, nicotine or tobacco products - as long as anyone under the age of 18 is prohibited from entering without a parent or guardian; or (3) cigars that are placed in a separate, humidity-controlled room in a retail location if the entrance to the room is visible, either directly or by video surveillance, from the check-out area and anyone under the age of 18 is prohibited from entering the room without a parent or guardian
> a retailer who violates the bill's restriction is subject to the same penalties that apply to violations of other cigarette/nicotine/tobacco-product retail restrictions, including: (1) a forfeiture of not more than $500, if the retailer has not committed a previous violation within 12 months; (2) a forfeiture of not less than $200 nor more than $500, if the retailer has committed a previous violation within 12 months; and (3) suspension of the retailer's license for a period of time that depends on the number of previous violations
> a "first-class city" (city of 150,000 population and over, which currently only includes Milwaukee) is allowed to suspend, revoke, or refuse to renew a cigarette and tobacco products retailer license if the retailer violates the bill's restriction
* 3/20/19: Introduced by Senators Jacque, Schachtner, Taylor, Bewley, Carpenter, Darling, Hansen, Johnson, Larson, Miller, Olsen, Petrowski, and Wanggaard; cosponsored by Representatives Mursau, Billings, Allen, Anderson, Ballweg, Bowen, Brandtjen, Considine, Crowley, Dittrich, Doyle, Duchow, Edming, Emerson, Felzkowski, Goyke, Gruszyinski, Gundrum, Hesselbein, Kitchens, Kolste, Kulp, Loudenbeck, Meyers, Milroy, Myers, Ohnstad, Oldenburg, Pope, Quinn, Ramthun, Riemer, Rodriguez, Sargent, Sinicki, Skowronski, Spiros, Spreitzer, Steffen, Stuck, Subeck, Taylor, Thiesfeldt, Tittl, Tusler, VanderMeer, and Vruwink
* 3/20/19: Read first time and referred to the Committee on Local Government, Small Business, Tourism, and Workforce Development
* 3/25/19: Representative Shankland added as a cosponsor
* 4/4/19: Public hearing held
* 5/2/19: Local Government, Small Business, Tourism, and Workforce Development scheduled an Executive Session
* 3/21/19: City of Milwaukee >> FOR
* 3/21/19: Gundersen Health System >> FOR
* 3/23/19: Children's Hospital of Wisconsin >> FOR
* 3/25/19: American Lung Association, dba American Lunch Association in Wisconsin >> FOR
* 3/25/19: League of Wisconsin Municipalities >> FOR
* 4/2/19: Wisconsin Public Health Association >> FOR
* 4/2/19: Wisconsin Medical Society >> FOR
* 4/2/19: Wisconsin Associaiton of Local Health Departments and Boards >> FOR
* 4/2/19: Marshfield Clinic Health System >> FOR
* 4/2/19: American Heart Association >> FOR
* 4/2/19: American Caner Society Cancer Action Network (ACS CAN) >> FOR
* 4/3/19: Altria Client Services LLC >> OTHER
* 4/3/19: DCI Group AZ L.L.C. >> OTHER
* 4/4/19: Cigar Association of America Inc >> UNDISCLOSED
* 4/4/19: SI Group Client Services >> AGAINST
* 4/5/19: Wisconsin Primary Health Care Association (WPHCA) >> FOR
23
SB-134 Jacque and Wanggaard
Cosponsors: Wichgers, Plumer, Horlacher, Murphy, Skowronski, Brandtjen, Ramthun, Thiesfeldt, and Zimmerman
Naloxone Administration Reporting
* This bill requires the Department of Health Services (DHS) to include reports of naloxone or other opioid antagonist administration by ambulance service providers to the Wisconsin Ambulance Run Data System (WARDS, the data system that tracks ambulance run data)

Under current law:
> ambulance service providers require emergency responders and service practitioners under their supervision to keep a record of each instance of administration of naloxone or another opioid antagonist to an individual who is believed to be undergoing an opioid-related drug overdose to DHS, in the manner prescribed by DHS
> the Prescription Drug Monitoring Program (PDMP) monitors dispensed controlled substances and other drugs identified by the Controlled Substances Board as having a substantial potential for abuse

Under this bill:
> there will be better tracking and sharing of information amongst Wisconsin health entities on the administration of naloxone or other opioid antagonists by ambulance service providers
> the DHS will be required to include reports of naloxone or other opioid antagonist administration by ambulance service providers to WARDS
> DHS will also be required to submit the records received from the ambulance service providers of a naloxone or other opioid antagonist administration to the PDMP
> DHS will also be required to consult with the Controlled Substances Board, which administers the PDMP, if necessary to determine a method to facilitate inclusion of the reports from DHS into the PDMP
* 3/20/19: Introduced by Senators Jacque and Wanggaard; cosponsored by Representatives Wichgers, Plumer, Horlacher, Murphy, Skowronski, Brandtjen, Ramthun, Thiesfeldt, and Zimmerman
* 3/20/19: Read first and referred to Committee on Health and Human Services
* 3/28/19: Wisconsin EMS Association >> FOR
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AB-139Wichgers, Brandtjen, Horlacher, Murphy, Plumer, Ramthun, Skowronski, Thiesfeldt, and Zimmerman
Cosponsors: Jacque and Wanggaard
Naloxone Administration Reporting
* This bill requires the Department of Health Services (DHS) to include reports of naloxone or other opioid antagonist administration by ambulance service providers to the Wisconsin Ambulance Run Data System (WARDS, the data system that tracks ambulance run data)

Under current law:
> ambulance service providers require emergency responders and service practitioners under their supervision to keep a record of each instance of administration of naloxone or another opioid antagonist to an individual who is believed to be undergoing an opioid-related drug overdose to DHS, in the manner prescribed by DHS
> the Prescription Drug Monitoring Program (PDMP) monitors dispensed controlled substances and other drugs identified by the Controlled Substances Board as having a substantial potential for abuse

Under this bill:
> there will be better tracking and sharing of information amongst Wisconsin health entities on the administration of naloxone or other opioid antagonists by ambulance service providers
> the DHS will be required to include reports of naloxone or other opioid antagonist administration by ambulance service providers to WARDS
> DHS will also be required to submit the records received from the ambulance service providers of a naloxone or other opioid antagonist administration to the PDMP
> DHS will also be required to consult with the Controlled Substances Board, which administers the PDMP, if necessary to determine a method to facilitate inclusion of the reports from DHS into the PDMP
* 3/25/19: Introduced by Representatives Wichgers, Brandtjen, Horlacher, Murphy, Plumer, Ramthun, Skowronski, Thiesfeldt, and Zimmerman; cosponsored by Senators Jacque and Wanggaard
* 3/25/19: Read first time and referred to Committee on Health
* 3/28/19: Wisconsin EMS Association >> FOR
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SB-141Jacque
Cosponsors: Kurtz, Felzkowski, Murphy, Skowronski, Sortwell, Spiros, Thiesfeldt, Tusler, Wichgers, Zimmerman, and VanderMeer
Veterans Outreach and Recovery Program
* Creation of the Veterans Outreach and Recovery Program

Under this bill:
> the DVA is required to administer a program to provide outreach, mental health services, and support to certain individuals who are serving or who have served in the armed forces, who reside in Wisconsin, and who may have a mental health condition or substance use disorder
> $1,296,4000 is provided in funding for each year of the 2019-2021 fiscal biennium for this purpose
> the DVA will add 10FTE positions on July 1, 2019 to be funded from the appropriation for the purpose of hiring employees to administer the veterans outreach and recovery program
* 3/28/19: Introduced by Senator Jacque; cosponsored by Representatives Kurtz, Felzkowski, Murphy, Skowronski, Sortwell, Spiros, Thiesfeldt, Tusler, Wichgers, Zimmerman, and VanderMeer
* 3/28/19: Read first time and referred to Committee on Transportation, Veterans, and Military Afffairs
* 4/8/19: Fiscal estimate received
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AB-131Kurtz, Felzkowski, Murphy, Sortwell, Skowronski, Spiros, Thiesfeldt, Tusler, Wichgers, Zimmerman, and VanderMeer
Cosponsors: Jacque
Veterans Outreach and Recovery Program
* Creation of the Veterans Outreach and Recovery Program

Under this bill:
> the DVA is required to administer a program to provide outreach, mental health services, and support to certain individuals who are serving or who have served in the armed forces, who reside in Wisconsin, and who may have a mental health condition or substance use disorder
> $1,296,4000 is provided in funding for each year of the 2019-2021 fiscal biennium for this purpose
> the DVA will add 10FTE positions on July 1, 2019 to be funded from the appropriation for the purpose of hiring employees to administer the veterans outreach and recovery program
* 3/25/19: Introduced by Representatives Kurtz, Felzkowski, Murphy, Sortwell, Skowronski, Spiros, Thiesfeldt, Tusler, Wichgers, Zimmerman, and VanderMeer; cosponsored by Senator Jacque
* 3/25/19: Read first time and referred to Committee on Veterans and Military Affairs
* 4/8/19: Fiscal estimate received
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SB-161Wanggaard, Darling, Carpenter, Jacque, Kooyenga, and Smith
Cosponsors: Kerkman, Ott, Anderson, Kulp, Kurtz, Mursau, Ohnstad, Skowronski, Spreitzer, C. Taylor, Thiesfeldt, and Tusler
Release after OWI Arrest
* Removes option to release a person to a responsible adult

Under current law
> if a person is arrested for operating a motor vehicle while under the influence of an intoxicant or with a prohibited alcohol concentration, the person is taken into custody by a law enforcement officer
> the arrested person may not be released until 12 hours have elapsed from the time of arrest, or until a chemical test shows that the person has an alcohol concentration of 0.04 or less
> EXCEPT, that the preson may be released to a responsible adult at any time

Under this bill:
> the option of releasing the person to a responsible adult is eliminated
* 4/11/19: Introduced by Senators Wanggaard, Darling, Carpenter, Jacque, Kooyenga, and Smith; cosponsored by Representatives Kerkman, Ott, Anderson, Kulp, Kurtz, Mursau, Ohnstad, Skowronski, Spreitzer, C. Taylor, Thiesfeldt, and Tusler
* 4/11/19: Read first time and referred to Committee on Judiciary and Public Safety
* 5/6/19: Fiscal estimate recieved
* 5/9/19: Fiscal estimate recieved
*4/26/19: Badger State Sheriffs' Association >> UNDISCLOSED
* 4/26/19: Wisconsin Sheriffs and Deputy Sheriffs Association >> UNDISCLOSED
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AB-172Kerkman, Ott, Anderson, Kulp, Kurtz, Mursau, Ohnstad, Skowronski, Spreitzer, C. Taylor, Thiesfeldt, and Tusler
Cosponsors: Wanggaard, Darling, Carpenter, Jacque, Kooyenga, and Smith
Release after OWI Arrest
* Removes option to release a person to a responsible adult

Under current law
> if a person is arrested for operating a motor vehicle while under the influence of an intoxicant or with a prohibited alcohol concentration, the person is taken into custody by a law enforcement officer
> the arrested person may not be released until 12 hours have elapsed from the time of arrest, or until a chemical test shows that the person has an alcohol concentration of 0.04 or less
> EXCEPT, that the preson may be released to a responsible adult at any time

Under this bill:
> the option of releasing the person to a responsible adult is eliminated
* 4/18/19: Introduced by Representatives Kerkman, Ott, Anderson, Kulp, Kurtz, Mursau, Ohnstad, Skowronski, Spreitzer, C. Taylor, Thiesfeldt, and Tusler; cosponsored by Senators Wanggaard, Darling, Carpenter, Jacque, Kooyenga, and Smith
* 4/18/19: Read first time and referred to Committee on Criminal Justice and Public Safety
* 5/3/19: Fiscal estimate recieved
* 5/6/19: Wisconsin Professional Police Association >> FOR
*5/17/19: Badger State Sheriffs' Association >> UNDISCLOSED
* 5/17/19: Wisconsin Sheriffs and Deputy Sheriffs Association >> UNDISCLOSED
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SB-189Wanggaard
Cosponsor: Spiros
Lifetime Revocation of License - OWI
* Bill makes technical changes to the statues providing for lifetime revocation of a person's operating privilege for certain offenses related to OWI

Please see bil text for detail on the proposed technical changes
* 4/30/19: Introduced by Senator Wanggaard; cosponsored by Representative Spiros
* 4/30/19: Read first time and referred to Committee on Judiciary and Public Safety
* 5/6/19: City of Milwaukee >> FOR
* 5/13/19: Wisconsin Chiefs of Police Association Inc >> FOR
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AB-222Spiros
Cosponsor: Wanggaard
Lifetime Revocation of License - OWI
* Bill makes technical changes to the statues providing for lifetime revocation of a person's operating privilege for certain offenses related to OWI

Please see bil text for detail on the proposed technical changes
* 5/21/19: Introduced by Representative Spiros; cosponsored by Senator Wanggaard
* 5/21/19: Read first time and referred to Committee on Judiciary
* 5/22/19: City of Milwaukee >> FOR
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SB-198Jacque, Larson, Marklein, Taylor, Ringhand, and Johnson
Cosponsors: Thiesfeldt, Taylor, Spreitzer, Brostoff, Anderson, Vining, Sinicki, Quinn, Kulp, Rohrkaste, Ramthun, and Considine
OWI Record Expungement
* Creates conditions under which a person may petition to court to have a first offense OWI expunged from their record


Under this bill:

> a court may, upon petition by a person who has been convicted of a first offense OWI, expunge the record of the person's conviction
> a person may file a petition under this procedure only if:
>> the OWI offense did not involve an injury
>> and the alcohol concentration of the person at the time of offense was less than 0.15
> In addition, expungement under this process may be granted only if the person does one of the following for a minimum of of 6 months:
>> equips their motor vehicle with an ignition interlock device, operates only motor vehicles that are equipped with an ignition interlock device, and provides access to the data generated by the ignition interlock device
>> OR wears a device that continuously monitors the person's alcohol consumption and provides access to the data generated by the device
* 5/8/19: Introduced by Senators Jacque, Larson, Marklein, Taylor, Ringhand, and Johnson; cosponsored by Representatives Thiesfeldt, Taylor, Spreitzer, Brostoff, Anderson, Vining, Sinicki, Quinn, Kulp, Rohrkaste, Ramthun, and Considine
* 5/8/19: Read first time and referred to Committee on Judiciary and Public Safety
* 5/14/19: Mothers Against Drunk Driving >> FOR
* 5/16/19: Wisconsin Chiefs of Police Association Inc >> FOR
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AB-211Thiesfeldt, Taylor, Spreitzer, Brostoff, Anderson, Vining, Sinicki, Quinn, Kulp, Rohrkaste, Ramthun, and Considine
Cosponsors: Jacque, Larson, Marklein, Taylor, Ringhand, and Johnson
OWI Record Expungement
* Creates conditions under which a person may petition to court to have a first offense OWI expunged from their record


Under this bill:

> a court may, upon petition by a person who has been convicted of a first offense OWI, expunge the record of the person's conviction
> a person may file a petition under this procedure only if:
>> the OWI offense did not involve an injury
>> and the alcohol concentration of the person at the time of offense was less than 0.15
> In addition, expungement under this process may be granted only if the person does one of the following for a minimum of of 6 months:
>> equips their motor vehicle with an ignition interlock device, operates only motor vehicles that are equipped with an ignition interlock device, and provides access to the data generated by the ignition interlock device
>> OR wears a device that continuously monitors the person's alcohol consumption and provides access to the data generated by the device
* 5/15/19: Introduced by Representatives Thiesfeldt, Taylor, Spreitzer, Brostoff, Anderson, Vining, Sinicki, Quinn, Kulp, Rohrkaste, Ramthun, and Considine; cosponsored by Senators Jacque, Larson, Marklein, Taylor, Ringhand, and Johnson
* 5/15/19: Read first time and referred to Committee on Criminal Justice and Public Safety
* 5/23/19: Mothers Against Drunk Driving >> FOR
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SB-203Kapenga, Kooyenga, Nass, Stroebel, and Wanggaard
Cosponsors: Knodle, Ballweg, Duchow, Kitchens, Kurtz, Mursau, Plumer, Rohrkaste, Sanfelippo, Schraa, Skowronski, Spiros, Steffen, Subeck, Tittl, and Zimmerman
Municipalities' Alcohol Beverage Operator's Licenses
* This bill allows a municipal governing body to delegate authority to issues operator's licenses (commonly referred to as "bartender's licenses") to a designated municipal official


Under current law:
> a municipal governing must issue an operator's license to a qualified applicant
> although a person is not required to hold an operator's license to provide alcohol beverages on retail licensed premises, a retail licensee may not be open for business unless the licensee, the designated agent of a corporate licensee, or a person who possesses an operator's license or manager's license is present and responsible for the acts of all persons providing alcohol beverages on the premises

Under this bill:
> a governing body of a municipality, by ordinance, is allowed to authorize or designate a municipal official to issue operator's licenses
* 5/8/19: Introduced by Senators Kapenga, Kooyenga, Nass, Stroebel, and Wanggaard; cosponsored by Representatives Knodle, Ballweg, Duchow, Kitchens, Kurtz, Mursau, Plumer, Rohrkaste, Sanfelippo, Schraa, Skowronski, Spiros, Steffen, Subeck, Tittl, and Zimmerman
* 5/8/19: Read first time and referred to Committee on Public Benefits, Licensing, and State-Federal Relations
* 5/10/19: Representative Wichgers added as a cosponsor
* 5/14/19: League of Wisconsin Municipalities >> FOR
* 5/16/19: Wisconsin Grocer's Association >> FOR
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AB-216Knodl, Ballweg, Duchow, Kitchens, Kurtz, Mursau, Plumer, Rohrkaste, Sanfelippo, Schraa, Skowronski, Spiros, Steffen, Subeck, Tittl, Zimmerman, and Wichgers
Cosponsors: Kapenga, Kooyenga, Nass, Stroebel, Wanggaard, and Smith
Municipalities' Alcohol Beverage Operator's Licenses
* This bill allows a municipal governing body to delegate authority to issues operator's licenses (commonly referred to as "bartender's licenses") to a designated municipal official


Under current law:
> a municipal governing must issue an operator's license to a qualified applicant
> although a person is not required to hold an operator's license to provide alcohol beverages on retail licensed premises, a retail licensee may not be open for business unless the licensee, the designated agent of a corporate licensee, or a person who possesses an operator's license or manager's license is present and responsible for the acts of all persons providing alcohol beverages on the premises

Under this bill:
> a governing body of a municipality, by ordinance, is allowed to authorize or designate a municipal official to issue operator's licenses
* 5/15/19: Introduced by Representatives Knodl, Ballweg, Duchow, Kitchens, Kurtz, Mursau, Plumer, Rohrkaste, Sanfelippo, Schraa, Skowronski, Spiros, Steffen, Subeck, Tittl, Zimmerman, and Wichgers; cosponsored by Senators Kapenga, Kooyenga, Nass, Stroebel, Wanggaard, and Smith
* 5/15/19: Read first time and referred to Committee on State Affairs
* 5/20/19 : Wisconsin Grocers Association >> FOR
* 5/23/19: League of Wisconsin Municipalities >> FOR
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AB-220Sargent, Ohnstad, Fields, Anderson, Bowen, Brostoff, Crowley, Emerson, Gruszynski, Hebl, Kolste, Pope. Sinicki, Spreitzer, Stubbs, Stuck, Taylor, and Zamarripa
Cosponsors: Johnson, Taylor, Larson, Smith, and Miller
Legalization of Marijuana
* This bill changes state law to permit both recreational and medical use of marijuana

Under current law:
> prohibits a person from:
>> manufacturing, distributing, or delivering marijuana;
>> possessing marijuana with the intent to manufacture, distribute, or deliver it;
>> posessing or attempting to possess marijuana;
>> using drug paraphernalia;
>> or possessing drug paraphernalia with the intent to produce, distribute, or use a controlled substance

Under this bill:
RECREATIONAL USE OF MARIJUANA
> state law is changed to permit a Wisconsin resident who is at least 21 years of age to possess no more than two ounces of marijuana and to permit a nonresident of Wisconsin who is at least 21 years of age to possess no more than 1/4 ounce of marijuana
> a person who possesses more than the maximum amount they are allowed to possess, but not more than 28 grams of marijuana, is subject to a civil forfeiture not to exceed $1,000 or imprisonment not to exceed 90 days or both
> a person who possesses more than 28 grams of marijuana is guilty of a Class B misdimeanor; if the person takes action to hide the amount of marijuana they have and the person has a security system in place to alert them to the presence of law enforcement, a method of intimidation, or a trap that could injure or kill a person approaching the area containing marijuana, the preson is guilty of a Class I felony
> prohibition on possessing or using drug paraphernalia that relates to marijuana consumption is eliminated
> a process is created by which a person may obtain a permit to produce, process, or sell marijuana for recreational use and pay an excise tax for the privilege of doing business in Wisconsin
> a person must obtain separate permits from the Department of Revenue (DOR) to produce, process, distribute, or sel marijuana
> marijuana producers and processors must also obtain additional permits from the Department of Agriculture, Trade, and Consumer Protection (DATCP)
> a permit applicant with 20+ employees may not receive a permit from DATCP or DOR unless the applicant certifies that they have entered into a labor peace agreement with a labor organization
> DATCP and DOR are required to use a competitive scoring system to determine which applicants are eligible to receive permits
> a person who does not have a permit from DOR to sell marijuana who sells, distributes, transfers, or possesses marijuana with the intent to sell or distribute it anyways is guilty of a Class I felony; if the person sells distributes, or transfers the marijuana to a person who is under the age of 21 (minor), and the person is at least three years older than the minor, the felony classification increases to a Class H felony
> a DOR permittee is prohibited from selling, distributing, or transferring marijuana to a minor and from allowing a minior to be on premises for which a permit is issued; if a permittee violates one of those prohibitions, the permittee may be subject to a civil forfeiture of not more than $500 and the permit may be suspended for up to 30 days
> a minor who: procures or attempts to procure marijuana from a permittee; falsely represents their age to receive marijuana from a permittee; knowingly possesses marijuana for recreational use; or knowingly enters any premises for which a permit has been issues without being accompanied by their parent, guardian, or spouse who is 21+ years of age, is subject to a forfeiture between $250-$500
> a person cultivating marijuana plants without a permit who possesses more than 6 marijuana plants that have reached the flowering stage but nore more than 12 at one time, is subject to a civil forfeiture not to exceed $1,000 or imprisonment not to exceed 90 days, or both; if the person possess more than 12 plants that have reached the flowering stage at one time, the person is guilty of a Class B misdimeanor; if the person takes action to hide the number of plants they have and the person has a security system in place to alert them to the presence of law enforcement, a method of intimidation, or a trap that could injure or kill a person approaching the area containing the plants, the person is guilty of a Class I felony

MEDICAL USE OF MARIJUANA
> state law is changed to permit a person to use marijuana for medical use to alleviate the symptoms or effects of a debilitating medical condition or treatment
> a person's primary caregiver also may acquire, possess, cultivate, or transport marijuana for a person suffering from a debilitating medical condition or treatment if it is not practicable for the person to acquire, possess, cultivate, or transport marijuana independently, or if the person is under the age of 18
> the Department of Health Services (DHS) is required to establish a registry for persons who use marijuana for medical use
> a person may apply for a registry identification card by submitting a signed application, a written certification by their physician that the person has or is undergoing a debilitating medical condition or treatment and that the potential benefits of use would likely outweigh the health risks, and a registration fee of not more than $150 to DHS
> DHS must verify the information and issue a registry identification card to the person
> registry identification cards are valid for four years and may be renewed
> DHS may not disclose that it has issued a registry identification card to a person, or information from an application for one, except to a law enforcement agency for the purpose of verifying that a person possesses a valid registry identification card
> DHS is also required to promulgate a rule listing other jurisdictions that allow the medical use of marijuana by a visiting person or allow a person to assist with a person's medical use of marijuana; the bill treats documents issued by these entities the same as registry identification cards issued by DHS
> DHS is required to license and regulate compassion centers to distribute or deliver marijuana or drug paraphernalia or possess or manufacture marijuana or drug paraphernalia with the intent to deliver or distribute to facilitate the medical use of marijuana
> compassion centers are prohibited from being located within 500 feet of a school, distributing more than 6 live marijuana plants and 3 ounces of usable marijuana (maximum medicinal amount) to a person, and possessing a quantity that exceeds the total maximum medicinal amount of marijuana of all of the persons it serves -- an amount determined by DHS
> an applicant for a license must pay an initial application fee of $250, and a compassion center must pay an annual fee of $5,000
> DHS is also required to register entities as THC-testing laboratories; these labs must test marijuana for contaminants; researching findings on the use of medical marijuana; and provide training on safe and efficient cultivation, harvesting, packaging, labeling, and distribution of marijuana, security and inventory accountability, and research on medical marijuana
> health insurance policies, known in the bill as disability insurance policies, and self-insured health plans of the state or of a county, city, town, village, or school district that provides coverage of prescription drugs and devices to provide coverage for the medical use of THC in accordance with requirements specified in the bill and any equipment or supplies necessary for the medical use of THC
> the coverage of the medical use of THC may be subject under the policy or plan only to the exclusions, limitations, and cost-sharing provisions that apply generally to the coverage of prescription drugs or devices under the policy or plan

* 5/17/19: Introduced by Representatives Sargent, Ohnstad, Fields, Anderson, Bowen, Brostoff, Crowley, Emerson, Gruszynski, Hebl, Kolste, Pope. Sinicki, Spreitzer, Stubbs, Stuck, Taylor, and Zamarripa; cosponsored by Senators Johnson, Taylor, Larson, Smith, and Miller
* 5/17/19: Read first time and referred to Committee on Criminal Justice and Public Safety
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