AB40-ASA1,1388,19
18946.15 (title)
Public and publicly funded construction contracts at less
19than full rate.
AB40-ASA1,1389,1021
946.15
(1) Any employer, or any agent or employee of an employer, who induces
22any person who seeks to be or is employed pursuant to a public contract as defined
23in s. 66.0901 (1) (c) or who seeks to be or is employed on a project on which a prevailing
24wage rate determination has been issued by the department of workforce
25development under s. 66.0903 (3),
66.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3)
1or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6)
2or 66.0904 (6) to give up, waive, or return any part of the compensation to which that
3person is entitled under his or her contract of employment or under the prevailing
4wage rate determination issued by the department
or local governmental unit, or
5who reduces the hourly basic rate of pay normally paid to an employee for work on
6a project on which a prevailing wage rate determination has not been issued under
7s. 66.0903 (3)
or (6), 66.0904 (4) or (6), 103.49 (3), 103.50 (3), or 229.8275 (3) during
8a week in which the employee works both on a project on which a prevailing wage
9rate determination has been issued and on a project on which a prevailing wage rate
10determination has not been issued, is guilty of a Class I felony.
AB40-ASA1,1390,212
946.15
(2) Any person employed pursuant to a public contract as defined in s.
1366.0901 (1) (c) or employed on a project on which a prevailing wage rate
14determination has been issued by the department of workforce development under
15s. 66.0903 (3),
66.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3)
or by a local
16governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 17(6) who gives up, waives, or returns to the employer or agent of the employer any part
18of the compensation to which the employee is entitled under his or her contract of
19employment or under the prevailing wage determination issued by the department
20or local governmental unit, or who gives up any part of the compensation to which
21he or she is normally entitled for work on a project on which a prevailing wage rate
22determination has not been issued under s. 66.0903 (3)
or (6), 66.0904 (4) or (6),
23103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the person works
24part-time on a project on which a prevailing wage rate determination has been
1issued and part-time on a project on which a prevailing wage rate determination has
2not been issued, is guilty of a Class C misdemeanor.
AB40-ASA1,1390,134
946.15
(3) Any employer or labor organization, or any agent or employee of an
5employer or labor organization, who induces any person who seeks to be or is
6employed on a project on which a prevailing wage rate determination has been issued
7by the department of workforce development under s. 66.0903 (3),
66.0904 (4), 103.49
8(3), 103.50 (3), or 229.8275 (3)
or by a local governmental unit, as defined in s. 66.0903
9(1) (d), under s. 66.0903 (6) or 66.0904 (6) to permit any part of the wages to which
10that person is entitled under the prevailing wage rate determination issued by the
11department or local governmental unit to be deducted from the person's pay is guilty
12of a Class I felony, unless the deduction would be permitted under
29 CFR 3.5 or
3.6 13from a person who is working on a project that is subject to
40 USC 3142.
AB40-ASA1,1390,2315
946.15
(4) Any person employed on a project on which a prevailing wage rate
16determination has been issued by the department of workforce development under
17s. 66.0903 (3),
66.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3)
or by a local
18governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904
19(6) who permits any part of the wages to which that person is entitled under the
20prevailing wage rate determination issued by the department or local governmental
21unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the
22deduction would be permitted under
29 CFR 3.5 or
3.6 from a person who is working
23on a project that is subject to
40 USC 3142.
AB40-ASA1,1391,3
1950.04
(1v) (f) To have the
earned release review parole commission make a
2reasonable attempt to notify the victim of applications for parole
or release to
3extended supervision, as provided under s. 304.06 (1).
AB40-ASA1,1391,75
950.04
(1v) (g) To have reasonable attempts made to notify the victim of
6hearings or court proceedings, as provided under ss.
302.113 (9g) (g) 2., 302.114 (6),
7938.27 (4m) and (6), 938.273 (2), 971.095 (3) and 972.14 (3) (b).
AB40-ASA1,1391,139
950.04
(1v) (gm) To have reasonable attempts made to notify the victim of
an
10offender who submits a petition petitions for sentence adjustment as provided under
11s. 973.195 (1r) (d)
, an offender who applies for release to extended supervision under
12s. 302.113 (2) (b), 302.1135, or 304.06 (1), or an offender who applies for a reduction
13under s. 973.01 (4m) or 973.198.
AB40-ASA1,1391,1715
950.04
(1v) (nt) To attend a hearing on a petition for modification of a
16bifurcated sentence and provide a statement concerning modification of the
17bifurcated sentence, as provided under s.
302.1135 (4) 302.113 (9g) (d).
AB40-ASA1,1391,2019
951.01
(3f) "Fire department" includes a volunteer fire department and a
20department under s.
60.553, 61.66
, or 62.13 (2e).
AB40-ASA1,1391,2522
951.015
(3) This chapter does not apply to an animal that is being used for
23research or experimentation at an educational or research institution or to an animal
24that is being used for research or experimentation that is regulated under
7 USC
252131 to
2159 or
42 USC 289d.
AB40-ASA1,1392,5
2951.02 Mistreating animals. No person may treat any animal, whether
3belonging to the person or another, in a cruel manner. This section does not prohibit
4bona fide experiments carried on for scientific research or normal and accepted
5veterinary practices.
AB40-ASA1,1392,15
7951.06 Use of poisonous and controlled substances. No person may
8expose any domestic animal owned by another to any known poisonous substance,
9any controlled substance included in schedule I, II, III, IV or V of ch. 961, or any
10controlled substance analog of a controlled substance included in schedule I or II of
11ch. 961, whether mixed with meat or other food or not, so that the substance is liable
12to be eaten by the animal and for the purpose of harming the animal. This section
13shall not apply to poison used on one's own premises and designed for the purpose
14of rodent or pest extermination nor to the use of a controlled substance
in bona fide
15experiments carried on for scientific research or in accepted veterinary practices.
AB40-ASA1,1392,1917
961.01
(20g) "Public housing project" means any housing project or
18development administered by a housing authority, as defined in s.
560.9801 16.301 19(2).
AB40-ASA1,1393,221
961.36
(1m) At the request of the department of
regulation and licensing safety
22and professional services or a board, examining board or affiliated credentialing
23board in the department of
regulation and licensing
safety and professional services,
24the controlled substances board shall provide advice and assistance in matters
25related to the controlled substances law to the department or to the board, examining
1board or affiliated credentialing board in the department making the request for
2advice or assistance.
AB40-ASA1,1393,105
969.12
(2) A surety under this chapter shall be a natural person
, except who
6is a resident of this state, a surety under s. 345.61
, or a surety corporation or its agent
7that is licensed under s. 440.9993. No
natural person or surety
under this chapter 8under s. 345.61 may be compensated for acting as such a surety.
A surety corporation
9or its agent that is licensed under s. 440.9993 shall be compensated at a rate of 10
10percent of the amount of the bond set.
AB40-ASA1,1393,1913
973.01
(4) Extension
No good time; extension or reduction of term of
14imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve
15the term of confinement in prison portion of the sentence without reduction for good
16behavior. The term of confinement in prison portion is subject to extension under s.
17302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a.,
18302.113 (9g), or 973.195 (1r),
or adjustment under s. 302.113 (2) (b), 302.1135 (6) (a),
19or 304.06 (1) or 973.198.
AB40-ASA1,1394,222
973.01
(7) Discharge
No discharge. The department of corrections
shall may
23not discharge a person who is serving a bifurcated sentence from custody, control and
24supervision
when until the person has served the entire bifurcated sentence
, as
1modified under sub. (4m) or s. 302.113 (2) (b) or (9h), 302.1135, or 304.06 (1), if
2applicable.
AB40-ASA1, s. 3547
3Section
3547. 973.045 (1r) (a) (intro.) of the statutes is amended to read:
AB40-ASA1,1394,54
973.045
(1r) (a) (intro.) The clerk shall record any crime victim and witness
5surcharge imposed under sub. (1) in
2 parts as follows:
AB40-ASA1,1394,87
973.045
(1r) (a) 2. Part B equals
$27
$20 for each misdemeanor offense or count
8and
$27 $20 for each felony offense or count.
AB40-ASA1,1394,1110
973.045
(1r) (a) 3. Part C equals $7 for each misdemeanor offense or count and
11$7 for each felony offense or count.
AB40-ASA1,1394,1614
973.045
(2m) (a) The secretary of administration shall credit to the
15appropriation account under s. 20.455 (5) (gc)
the first $20 of part B of the crime
16victim and witness surcharge.
AB40-ASA1,1394,2017
(b) The secretary of administration shall credit to the appropriation account
18under s. 20.455 (5) (g) part A
of the crime victim and witness surcharge and
any part
19of part
B C of the crime victim and witness surcharge
that remains after the secretary
20of administration complies with par. (a).
AB40-ASA1,1394,2422
973.045
(3) (c) The person paying the crime victim and witness surcharge shall
23pay all of the moneys due under part A and part B before he or she pays any of the
24moneys due under part C.
AB40-ASA1,1395,2
1973.05
(2m) (dg) To payment of part C of the crime victim and witness
2assistance surcharge until paid in full.
AB40-ASA1,1395,134
973.06
(1) (j) If the defendant violated s. 23.33 (4c), 30.681, 346.63, 350.101,
5940.09 (1), or 940.25, any costs charged to or paid by a law enforcement agency for
6the withdrawal of the defendant's blood, except that the court may not impose on the
7defendant any cost for an alternative test provided free of charge as described in s.
8343.305 (4). If at the time the court finds that the defendant committed the violation,
9the law enforcement agency has not paid or been charged with the costs of
10withdrawing the person's blood, the court shall impose and collect the costs the law
11enforcement agency reasonably expects to be charged for the withdrawal, based on
12the current charges for this procedure. Notwithstanding sub. (2), the court may not
13remit these costs.
AB40-ASA1,1395,2216
973.195
(1r) (a)
An Except as provided in s. 973.198, an inmate who is serving
17a sentence imposed under s. 973.01
before October 1, 2009, for a crime other than a
18Class B felony may petition the sentencing court to adjust the sentence if the inmate
19has served at least the applicable percentage of the term of confinement in prison
20portion of the sentence. If an inmate is subject to more than one sentence imposed
21under this section, the sentences shall be treated individually for purposes of
22sentence adjustment under this subsection.
AB40-ASA1,1396,6
1973.198 Sentence adjustment; positive adjustment time. (1) Subject to
2sub. (2), an inmate who is serving a sentence imposed under s. 973.01 on or after
3October 1, 2009, but before the effective date of this subsection .... [LRB inserts date],
4and who has earned positive adjustment time under s. 302.113, 2009 stats., or under
5s. 304.06, 2009 stats., may petition the sentencing court to adjust the sentence under
6this section.
AB40-ASA1,1396,12
7(2) When the department of corrections determines that an inmate has served
8the confinement portion of his or her sentence less positive adjustment time earned
9between October 1, 2009, and the effective date of this subsection .... [LRB inserts
10date], the inmate may petition the sentencing court to adjust his or her sentence
11based on the number of days of positive adjustment time the inmate claims that he
12or she has earned.
AB40-ASA1,1396,15
13(3) Within 60 days of receipt of a petition filed under sub. (2), the sentencing
14court shall either deny the petition or hold a hearing and issue an order relating to
15the inmate's sentence adjustment and release to extended supervision.
AB40-ASA1,1396,18
16(4) At the hearing under sub. (3), the court may consider the inmate's conduct
17in prison, his or her level of risk of reoffending, based on a verified, objective
18instrument, and the nature of the offense committed by the inmate.
AB40-ASA1,1396,23
19(5) If the court determines that the inmate has earned positive adjustment
20time, the court may reduce the term of confinement in prison by the amount of time
21remaining in the term of confinement in prison portion of the sentence, less up to 30
22days, and shall lengthen the term of extended supervision so that the total length of
23the bifurcated sentence originally imposed does not change.
AB40-ASA1,1396,25
24(6) An inmate who submits a petition under this section may not apply for
25adjustment of the same sentence under s. 973.195.
AB40-ASA1,1397,92
974.07
(4) (b) Notwithstanding the limitation on the disclosure of mailing
3addresses from completed information cards submitted by victims under ss. 51.37
4(10) (dx), 301.046 (4) (d), 301.048 (4m) (d), 301.38 (4), 302.105 (4), 304.06 (1) (f),
5304.063 (4), 938.51 (2), 971.17 (6m) (d), and 980.11 (4), the department of corrections,
6the
earned release review parole commission, and the department of health services
7shall, upon request, assist clerks of court in obtaining information regarding the
8mailing address of victims for the purpose of sending copies of motions and notices
9of hearings under par. (a).
AB40-ASA1,1397,2211
976.03
(23) (c) The application shall be verified by affidavit, shall be executed
12in duplicate and shall be accompanied by 2 certified copies of the indictment
13returned, or information and affidavit filed, or of the complaint made to a judge,
14stating the offense with which the accused is charged, or of the judgment of
15conviction or of the sentence. The prosecuting officer,
earned release review parole 16commission, warden or sheriff may also attach such further affidavits and other
17documents in duplicate as he, she or it deems proper to be submitted with the
18application. One copy of the application, with the action of the governor indicated
19by endorsement thereon, and one of the certified copies of the indictment, complaint,
20information and affidavits, or of the judgment of conviction or of the sentence shall
21be filed in the office of the governor to remain of record in that office. The other copies
22of all papers shall be forwarded with the governor's requisition.
AB40-ASA1,1398,624
977.02
(3) (b) Subject to par. (d),
consider assets in the manner described in s.
2549.145 (3) (a) and treat assets as available to the person to pay the costs of legal
1representation if the assets exceed
the resource limitations under s. 49.145 (3) (a),
2except that $2,500 in combined equity value. In determining the combined equity
3value of assets, the representative of the state public defender shall exclude
only the
4equity value of vehicles up to a total equity value of $10,000 and shall exclude the
5first $30,000 of the equity value of the home that serves as the individual's
6homestead.
AB40-ASA1,1398,208
977.02
(3) (c) Subject to par. (d), treat income as available to the person to pay
9the costs of legal representation only if the
gross income exceeds
the income
10limitations in s. 49.145 (3) (b) 115 percent of the federal poverty guideline, as defined
11in 42 USC 9902 (2) (2011). In calculating gross income under this paragraph, the
12representative of the state public defender shall include all earned and unearned
13income of the person, except any amount received under section 32 of the Internal
14Revenue Code, as defined in s. 71.01 (6), any amount received under s. 71.07 (9e), any
15payment made by an employer under section 3507 of the Internal Revenue Code, as
16defined in s. 71.01 (6), any student financial aid received under any federal or state
17program, any scholarship used for tuition and books, and any assistance received
18under s. 49.148. In determining the earned and unearned income of the individual,
19the representative of the state public defender may not include income earned by a
20dependent child of the person.
AB40-ASA1,1399,222
977.05
(4) (jm) At the request of an inmate determined by the state public
23defender to be indigent or upon referral of
the department of corrections a court 24under s.
302.1135 (10) 302.113 (9g) (j), represent the inmate in proceedings for
25modification of a
bifurcated sentence under s.
302.1135 before the earned release
1review commission 302.113 (9g) before a program review committee and the
2sentencing court, if the state public defender determines the case should be pursued.
AB40-ASA1,1399,64
978.05
(6) (b) Enforce the provisions of all general orders of the department of
5commerce safety and professional services relating to the sale, transportation and
6storage of explosives.
AB40-ASA1,1399,98
990.01
(7g) Fire chief. "Fire chief" or "chief of a fire department" includes the
9chief of a department under s.
60.553, 61.66
, or 62.13 (2e).
AB40-ASA1,1399,1211
990.01
(7m) Fire department. "Fire department" includes a department under
12s.
60.553, 61.66
, or 62.13 (2e).
AB40-ASA1,1399,1514
990.01
(7r) Fire fighter. "Fire fighter" includes a person serving under s.
1560.553, 61.66
, or 62.13 (2e).
AB40-ASA1,1399,1817
990.01
(28g) Police chief. "Police chief" or "chief of a police department"
18includes the chief of a department under s.
60.553, 61.66
, or 62.13 (2e).
AB40-ASA1,1399,2120
990.01
(28m) Police department. "Police department" includes a department
21under s.
60.553, 61.66
, or 62.13 (2e).
AB40-ASA1,1399,2423
990.01
(28r) Police officer. "Police officer" includes a person serving under
24s.
60.553, 61.66
, or 62.13 (2e).
