AB817: Bill Text

AB817, s. 27 Section 27. 48.17 (2) (d) of the statutes is amended to read:

AB817,15,23 48.17 (2) (d) If a municipal court finds that the child violated a municipal ordinance other than an ordinance enacted under s. 118.163 or an ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2), the court shall enter any of the dispositional orders permitted under s. 48.343 (1), (2), (4), (5), (6), (7) or (8). If a child fails to pay the forfeiture imposed by the municipal court, the court shall not impose a jail sentence but may suspend any license issued under ch. 29 for not less than 30 nor more than 90 days, or suspend the child's operating privilege, as defined in s. 340.01 (40), for not less than 30 nor more than 90 days. If a court suspends a license or privilege under this section, the court shall immediately take possession of the applicable license and forward it to the department that issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall thereupon return the license to the person.

AB817, s. 28 Section 28. 48.17 (2) (e) of the statutes is amended to read:

AB817,16,4 48.17 (2) (e) If a municipal court finds that a child violated a municipal ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2), the court shall enter a dispositional order under s. 48.344.

AB817, s. 29 Section 29. 48.18 (1) (a) 1. of the statutes is amended to read:

AB817,16,9 48.18 (1) (a) 1. If the child is alleged to have attempted to violate s. 940.01 on or after the child's 14th birthday or is alleged to have violated s. 161.41 (1), 940.01, 940.02, 940.05, 940.06, 940.225 (1), 940.305, 940.31 or , 943.10 (2) or 961.41 (1) on or after the child's 14th birthday.

AB817, s. 30 Section 30. 48.18 (1) (a) 2. of the statutes is amended to read:

AB817,16,14 48.18 (1) (a) 2. If the child is alleged to have committed, on or after the child's 14th birthday, a violation, at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would constitute a felony under ch. 161 or under chs. 939 to 948 or 961 if committed by an adult.

AB817, s. 31 Section 31. 48.24 (2m) (a) 1. of the statutes is amended to read:

AB817,16,17 48.24 (2m) (a) 1. Any child alleged to have committed a violation specified under ch. 161 961.

AB817, s. 32 Section 32. 48.24 (2m) (a) 3. of the statutes is amended to read:

AB817,16,22 48.24 (2m) (a) 3. Any child alleged to have committed any offense which appears to the intake worker to be directly motivated by the child's need to purchase or otherwise obtain alcohol beverages or, controlled substances or controlled substance analogs.

AB817, s. 33 Section 33. 48.245 (2) (a) 3. of the statutes is amended to read:

AB817,17,6 48.245 (2) (a) 3. That the child submit to an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4) and that is conducted by an approved treatment facility for an examination of the child's use of alcohol beverages or, controlled substances or controlled substance analogs and any medical, personal, family or social effects caused by its use, if the multidisciplinary screen conducted under s. 48.24 (2) shows that the child is at risk of having needs and problems related to the use of alcohol beverages or, controlled substances or controlled substance analogs and its medical, personal, family or social effects.

AB817, s. 34 Section 34. 48.245 (2) (a) 4. of the statutes is amended to read:

AB817,17,12 48.245 (2) (a) 4. That the child participate in an alcohol and other drug abuse outpatient treatment program or an education program relating to the abuse of alcohol beverages or, controlled substances or controlled substance analogs, if an alcohol and other drug abuse assessment conducted under subd. 3. recommends outpatient treatment or education.

AB817, s. 35 Section 35. 48.295 (1c) (b) of the statutes is amended to read:

AB817,17,15 48.295 (1c) (b) The child was adjudicated delinquent on the basis of an offense specified in ch. 161 961.

AB817, s. 36 Section 36. 48.295 (1c) (c) of the statutes is amended to read:

AB817,17,20 48.295 (1c) (c) The greater weight of the evidence at a fact-finding hearing indicates that any offense which formed the basis for the adjudication was motivated by the child's need to purchase or otherwise obtain alcohol beverages or, controlled substances or controlled substance analogs.

AB817, s. 37 Section 37. 48.295 (1g) of the statutes is amended to read:

AB817,18,7 48.295 (1g) If the court orders an alcohol or other drug abuse assessment under sub. (1), the approved treatment facility shall, within 14 days after the court order, report the results of the assessment to the court, except that, upon request by the approved treatment facility and if the child is not held in secure or nonsecure custody, the court may extend the period for assessment for not more than 20 additional working days. The report shall include a recommendation as to whether the child is in need of treatment for abuse of alcohol beverages or , controlled substances or controlled substance analogs or education relating to the use of alcohol beverages and, controlled substances and controlled substance analogs and, if so, shall recommend a service plan and an appropriate treatment, from an approved treatment facility, or a court-approved education program.

AB817, s. 38 Section 38. 48.31 (4) of the statutes is amended to read:

AB817,19,3 48.31 (4) The court or jury shall make findings of fact and the court shall make conclusions of law relating to the allegations of a petition filed under s. 48.13 (1) to (11m). In cases alleging a child to be in need of protection or services under s. 48.13 (11), the court shall not find that the child is suffering serious emotional damage unless a licensed physician specializing in psychiatry or a licensed psychologist appointed by the court to examine the child has testified at the hearing that in his or her opinion the condition exists, and adequate opportunity for the cross-examination of the physician or psychologist has been afforded. The judge may use the written reports if the right to have testimony presented is voluntarily, knowingly and intelligently waived by the guardian ad litem or legal counsel for the child and the parent or guardian. In cases alleging a child to be in need of protection and services under s. 48.13 (11m), the court shall not find that the child is in need of treatment and education for needs and problems related to the use or abuse of alcohol beverages or, controlled substances or controlled substance analogs and its medical, personal, family or social effects unless an assessment for alcohol and other drug abuse that conforms to the criteria specified under s. 48.547 (4) has been conducted by an approved treatment facility. In cases alleging a child delinquent or in need of protection or services under s. 48.13 (12) the court shall make findings relating to the proof of the violation of law and to the proof that the child named in the petition committed the violation alleged.

AB817, s. 39 Section 39. 48.31 (4) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (this act), is repealed and recreated to read:

AB817,19,22 48.31 (4) The court or jury shall make findings of fact and the court shall make conclusions of law relating to the allegations of a petition filed under s. 48.13. In cases alleging a child to be in need of protection or services under s. 48.13 (11), the court shall not find that the child is suffering serious emotional damage unless a licensed physician specializing in psychiatry or a licensed psychologist appointed by the court to examine the child has testified at the hearing that in his or her opinion the condition exists, and adequate opportunity for the cross-examination of the physician or psychologist has been afforded. The judge may use the written reports if the right to have testimony presented is voluntarily, knowingly and intelligently waived by the guardian ad litem or legal counsel for the child and the parent or guardian. In cases alleging a child to be in need of protection and services under s. 48.13 (11m), the court shall not find that the child is in need of treatment and education for needs and problems related to the use or abuse of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family or social effects unless an assessment for alcohol and other drug abuse that conforms to the criteria specified under s. 48.547 (4) has been conducted by an approved treatment facility.

AB817, s. 40 Section 40. 48.32 (1g) (intro.) of the statutes is amended to read:

AB817,20,4 48.32 (1g) (intro.) If the petition alleges that the child committed a violation specified under ch. 161 961 and if the multidisciplinary screen conducted under s. 48.24 (2) shows that the child is at risk of having needs and problems related to the use of alcohol beverages or, controlled substances or controlled substance analogs and its medical, personal, family and social effects, the judge or juvenile court commissioner may establish as a condition under sub. (1) any of the following:

AB817, s. 41 Section 41. 48.34 (4r) (a) of the statutes is amended to read:

AB817,20,12 48.34 (4r) (a) In addition to any other dispositions imposed under this section, if the child is found to have violated ch. 161 961, the judge shall suspend or revoke the child's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years. The court shall immediately take possession of any suspended or revoked license and forward it to the department of transportation together with the notice of suspension or revocation clearly stating that the suspension or revocation is for a violation of ch. 161 961.

AB817, s. 42 Section 42. 48.34 (4r) (b) of the statutes is amended to read:

AB817,20,16 48.34 (4r) (b) This subsection does not apply to violations under s. 161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2) or a local ordinance that strictly conforms to one of those statutes.

AB817, s. 43 Section 43. 48.34 (4s) (a) (intro.) of the statutes is amended to read:

AB817,20,20 48.34 (4s) (a) (intro.) In addition to any other dispositions imposed under this section, if the child is found to have violated s. 161.41 (2r), (3), (3m), (3n), (3p) or (3r) 961.41 (3g), the judge shall order one of the following penalties:

AB817, s. 44 Section 44. 48.34 (4s) (am) (intro.) of the statutes is amended to read:

AB817,20,24 48.34 (4s) (am) (intro.) In addition to any other dispositions imposed under this section, if the child is found to have violated s. 161.41 961.41 (1) or (1m), the judge shall order one of the following penalties:

AB817, s. 45 Section 45. 48.34 (7m) of the statutes is amended to read:

AB817,21,14 48.34 (7m) If the child is adjudicated delinquent under a violation of s. 161.41 (2r), (3), (3m), (3n), (3p) or (3r) 961.41 (3g) by possessing or attempting to possess a controlled substance listed included in schedule I or II under ch. 161 961 or a controlled substance analog of a controlled substance included in schedule I or II under ch. 961 while in or on the premises of a scattered-site public housing project, as defined in s. 161.01 961.01 (20i), while in or otherwise within 1,000 feet of a state, county, city, village or town park, a jail or correctional facility, as defined in s. 161.01 961.01 (12m), a multiunit public housing project, as defined in s. 161.01 961.01 (14m), a swimming pool open to members of the public, a youth center, as defined in s. 161.01 961.01 (22), or a community center, while on or otherwise within 1,000 feet of any private or public school premises or while on or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the judge shall require that the child participate for 100 hours in a supervised work program under sub. (9) or perform 100 hours of other community service work.

AB817, s. 46 Section 46. 48.34 (13) (a) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB817,22,2 48.34 (13) (a) If the report prepared under s. 48.33 (1) recommends that the child is in need of treatment for the use or abuse of alcohol beverages or, controlled substances or controlled substance analogs and its medical, personal, family or social effects, the court may order the child to enter an outpatient alcohol and other drug abuse treatment program at an approved treatment facility. The approved treatment facility shall, under the terms of a service agreement between the county and the approved treatment facility, or with the written informed consent of the child or the child's parent if the child has not attained the age of 12, report to the agency primarily responsible for providing services to the child as to whether the child is cooperating with the treatment and whether the treatment appears to be effective.

AB817, s. 47 Section 47. 48.34 (13) (b) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB817,22,13 48.34 (13) (b) If the report prepared under s. 48.33 (1) recommends that the child is in need of education relating to the use of alcohol beverages or, controlled substances or controlled substance analogs, the court may order the child to participate in an alcohol or other drug abuse education program approved by the court. The person or agency that provides the education program shall, under the terms of a service agreement between the county and the education program, or with the written informed consent of the child or the child's parent if the child has not attained the age of 12, report to the agency primarily responsible for providing services to the child about the child's attendance at the program.

AB817, s. 48 Section 48. 48.343 (10) (intro.) of the statutes is amended to read:

AB817,22,17 48.343 (10) (intro.) If the violation is related to the use or abuse of alcohol beverages or, controlled substances or controlled substance analogs, order the child to do any of the following:

AB817, s. 49 Section 49. 48.344 (2e) (a) (intro.) of the statutes is amended to read:

AB817,22,23 48.344 (2e) (a) (intro.) If a court finds a child committed a violation under s. 161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2), or a local ordinance that strictly conforms to one of those statutes, it shall suspend or revoke the child's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years and, in addition, shall order one of the following penalties:

AB817, s. 50 Section 50. 48.344 (2e) (b) of the statutes is amended to read:

AB817,23,7 48.344 (2e) (b) Whenever a court suspends or revokes a child's operating privilege under this subsection, the court shall immediately take possession of any suspended or revoked license and forward it to the department of transportation, together with the notice of suspension or revocation clearly stating that the suspension or revocation is for a violation under s. 161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2), or a local ordinance that strictly conforms to one of those statutes.

AB817, s. 51 Section 51. 48.344 (3) of the statutes is amended to read:

AB817,23,16 48.344 (3) If the child alleged to have committed the violation is within 3 months of his or her 18th birthday, the court assigned to exercise jurisdiction under this chapter may, at the request of the district attorney or on its own motion, dismiss the citation without prejudice and refer the matter to the district attorney for prosecution under s. 125.07 (4). The child is entitled to a hearing only on the issue of his or her age. This subsection does not apply to violations under s. 161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2) or a local ordinance that strictly conforms to one of those statutes.

AB817, s. 52 Section 52. 48.345 (13) (a) of the statutes, as affected by 1995 Wisconsin Act 77, section 263, is amended to read:

AB817,24,3 48.345 (13) (a) If the report prepared under s. 48.33 (1) recommends that the child is in need of treatment for the use or abuse of alcohol beverages or, controlled substances or controlled substance analogs and its medical, personal, family or social effects, the court may order the child to enter an outpatient alcohol and other drug abuse treatment program at an approved treatment facility. The approved treatment facility shall, under the terms of a service agreement between the county and the approved treatment facility, or with the written informed consent of the child or the child's parent if the child has not attained the age of 12, report to the agency primarily responsible for providing services to the child as to whether the child is cooperating with the treatment and whether the treatment appears to be effective.

AB817, s. 53 Section 53. 48.345 (13) (b) of the statutes, as affected by 1995 Wisconsin Act 77, section 263, is amended to read:

AB817,24,14 48.345 (13) (b) If the report prepared under s. 48.33 (1) recommends that the child is in need of education relating to the use of alcohol beverages or, controlled substances or controlled substance analogs, the court may order the child to participate in an alcohol or other drug abuse education program approved by the court. The person or agency that provides the education program shall, under the terms of a service agreement between the county and the education program, or with the written informed consent of the child or the child's parent if the child has not attained the age of 12, report to the agency primarily responsible for providing services to the child about the child's attendance at the program.

AB817, s. 54 Section 54. 48.396 (1m) of the statutes is amended to read:

AB817,24,23 48.396 (1m) If requested by the school district administrator of a public school district, a law enforcement agency may provide to the school district administrator any information in its records relating to the use, possession or distribution of alcohol or, a controlled substance or a controlled substance analog by a pupil enrolled in the public school district. The information may be used by the school district only as provided under s. 118.127 (2). In this subsection, "controlled substance" has the meaning given in s. 161.01 961.01 (4), and "controlled substance analog" has the meaning given in s. 961.01 (4m).

AB817, s. 55 Section 55. 48.396 (2) (c) of the statutes is amended to read:

AB817,25,7 48.396 (2) (c) Upon request of a law enforcement agency to review court records for the purpose of investigating a crime that might constitute criminal gang activity, as defined in s. 941.38 (1) (b), the court shall open for inspection by authorized representatives of the law enforcement agency the records of the court relating to any child who has been found to have committed a delinquent act at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would have been a felony under ch. 161 or under chs. 939 to 948 or 961 if committed by an adult.

AB817, s. 56 Section 56. 48.396 (7) (b) of the statutes is amended to read:

AB817,25,15 48.396 (7) (b) If a child is found to have committed a delinquent act at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would have been a felony under ch. 161 or under chs. 939 to 948 or 961 if committed by an adult and is adjudged delinquent on that basis, within 5 days after the date on which the dispositional order is entered the court clerk shall notify the principal of the child's school and the school board of the school district in which the child is enrolled of the fact that the child has been adjudicated delinquent on that basis.

AB817, s. 57 Section 57. 48.547 (1) of the statutes is amended to read:

AB817,26,4 48.547 (1) Legislative findings and purpose. The legislature finds that the use and abuse of alcohol and other drugs by children is a state responsibility of statewide dimension. The legislature recognizes that there is a lack of adequate procedures to screen, assess and treat children for alcohol and other drug abuse. To reduce the incidence of alcohol and other drug abuse by children, the legislature deems it necessary to experiment with solutions to the problems of the use and abuse of alcohol and other drugs by children by establishing a juvenile alcohol and other drug abuse pilot program in a limited number of counties. The purpose of the program is to develop intake and court procedures that screen, assess and give new dispositional alternatives for children with needs and problems related to the use of alcohol beverages or, controlled substances or controlled substance analogs who come within the jurisdiction of a court assigned to exercise jurisdiction under this chapter in the pilot counties selected by the department.

AB817, s. 58 Section 58. 48.547 (1) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (this act), is repealed and recreated to read:

AB817,26,19 48.547 (1) Legislative findings and purpose. The legislature finds that the use and abuse of alcohol and other drugs by children is a state responsibility of statewide dimension. The legislature recognizes that there is a lack of adequate procedures to screen, assess and treat children for alcohol and other drug abuse. To reduce the incidence of alcohol and other drug abuse by children, the legislature deems it necessary to experiment with solutions to the problems of the use and abuse of alcohol and other drugs by children by establishing a juvenile alcohol and other drug abuse pilot program in a limited number of counties. The purpose of the program is to develop intake and court procedures that screen, assess and give new dispositional alternatives for children with needs and problems related to the use of alcohol beverages, controlled substances or controlled substance analogs who come within the jurisdiction of a court assigned to exercise jurisdiction under this chapter and ch. 938 in the pilot counties selected by the department.

AB817, s. 59 Section 59. 59.07 (107) of the statutes is amended to read:

AB817,27,4 59.07 (107) Possession of marijuana. Enact and enforce an ordinance to prohibit the possession of 25 grams or less of marijuana, as defined in s. 161.01 961.01 (14), subject to the exceptions in s. 161.41 (3r) 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance; except that any person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of marijuana, in this state shall not be prosecuted under this subsection. Any ordinance enacted under this subsection does not apply in any city, village or town that has enacted an ordinance prohibiting the possession of marijuana.

AB817, s. 60 Section 60. 59.20 (5) (b) of the statutes is amended to read:

AB817,27,25 59.20 (5) (b) For all court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 for the penalty assessment surcharge, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 161.41 961.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse assessment, the amounts required by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 144.992 for the environmental assessment, the amounts required by s. 29.9965 for the wild animal protection assessment, the amounts required by s. 29.997 for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required by s. 29.998 for natural resources restitution payments, transmit to the state treasurer a statement of all moneys required by law to be paid on the actions so entered during the preceding month on or before the first day of the next succeeding month, certified by the treasurer's personal signature affixed or attached thereto, and at the same time pay to the state treasurer the amount thereof.

AB817, s. 61 Section 61. 59.395 (5) of the statutes is amended to read:

AB817,28,22 59.395 (5) Pay monthly to the county treasurer for the use of the state the state's percentage of the fees required to be paid on each civil action, criminal action and special proceeding filed during the preceding month and pay monthly to the county treasurer for the use of the state the percentage of court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 (2) (b) for the penalty assessment surcharge, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 161.41 961.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by s. 346.655 for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 144.992 for the environmental assessment, the amounts required under s. 29.9965 for the wild animal protection assessment, the amounts required under s. 29.997 (1) (d) for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required under s. 29.998 (1) (d) for the natural resources restitution payments. The payments shall be made by the 15th day of the month following receipt thereof.

AB817, s. 62 Section 62. 60.23 (21) of the statutes is amended to read:

AB817,29,3 60.23 (21) Drug paraphernalia. Adopt an ordinance to prohibit conduct that is the same as that prohibited by s. 161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2).

AB817, s. 63 Section 63. 66.051 (1) (bm) of the statutes is amended to read:

AB817,29,11 66.051 (1) (bm) Enact and enforce an ordinance to prohibit the possession of 25 grams or less of marijuana, as defined in s. 161.01 961.01 (14), subject to the exceptions in s. 161.41 (3r) 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance; except that any person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of marijuana, in this state shall not be prosecuted under this paragraph; and

AB817, s. 64 Section 64. 100.182 (4) of the statutes is amended to read:

AB817,29,17 100.182 (4) No person may advertise a drug that the person knows is intentionally manufactured substantially to resemble a controlled substance or that the person represents to be of a nature, appearance or effect that will allow the recipient to display, sell, deliver, distribute or use the drug as a controlled substance, unless the drug is controlled under ch. 161 961.

AB817, s. 65 Section 65. 100.37 (1) (hm) of the statutes is amended to read:

AB817,29,19 100.37 (1) (hm) "Practitioner" has the meaning given in s. 161.01 961.01 (19).

AB817, s. 66 Section 66. 101.22 (1m) (g) of the statutes is amended to read:

AB817,30,2 101.22 (1m) (g) "Disability" means a physical or mental impairment that substantially limits one or more major life activities, a record of having such an impairment or being regarded as having such an impairment. "Disability" does not include the current illegal use of a controlled substance, as defined in s. 161.01 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), unless the individual is participating in a supervised drug rehabilitation program.

AB817, s. 67 Section 67. 102.58 of the statutes is amended to read:

AB817,30,14 102.58 Decreased compensation. If injury is caused by the failure of the employe to use safety devices which are provided in accordance with any statute or lawful order of the department and are adequately maintained, and the use of which is reasonably enforced by the employer, or if injury results from the employe's failure to obey any reasonable rule adopted and reasonably enforced by the employer for the safety of the employe and of which the employe has notice, or if injury results from the intoxication of the employe by alcohol beverages, as defined in s. 125.02 (1), or use of a controlled substance, as defined in s. 161.01 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), the compensation and death benefit provided in this chapter shall be reduced 15% but the total reduction may not exceed $15,000.

AB817, s. 68 Section 68. 106.04 (1m) (g) of the statutes, as affected by 1995 Wisconsin Act 27, section 3687, is amended to read:

AB817,30,22 106.04 (1m) (g) "Disability" means a physical or mental impairment that substantially limits one or more major life activities, a record of having such an impairment or being regarded as having such an impairment. "Disability" does not include the current illegal use of a controlled substance, as defined in s. 161.01 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), unless the individual is participating in a supervised drug rehabilitation program.

AB817, s. 69 Section 69. 106.215 (1) (cg) of the statutes, as affected by 1995 Wisconsin Act 27, section 239d, is amended to read:

AB817,31,8 106.215 (1) (cg) "Disability" means a physical or mental impairment that substantially limits one or more major life activities, a record of having such an impairment or being regarded as having such an impairment. "Disability" includes any physical disability or developmental disability, as defined in s. 51.01 (5) (a). "Disability" does not include the current illegal use of a controlled substance, as defined in s. 161.01 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), unless the individual is participating in a supervised drug rehabilitation program.

AB817, s. 70 Section 70. 108.04 (5) of the statutes is amended to read:

AB817,32,7 108.04 (5) Discharge for misconduct. An employe whose work is terminated by an employing unit for misconduct connected with the employe's work is ineligible to receive benefits until 7 weeks have elapsed since the end of the week in which the discharge occurs and the employe earns wages after the week in which the discharge occurs equal to at least 14 times the employe's weekly benefit rate under s. 108.05 (1) in employment or other work covered by the unemployment compensation law of any state or the federal government. For purposes of requalification, the employe's weekly benefit rate shall be that rate which would have been paid had the discharge not occurred. The wages paid to an employe by an employer which terminates employment of the employe for misconduct connected with the employe's employment shall be excluded from the employe's base period wages under s. 108.06 (1) for purposes of benefit entitlement. The department shall, by rule, prescribe the conditions under which an employe's possession, use or impairment due to use of a controlled substance, as defined in s. 161.01 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), or an employe's violation of a work rule relating to controlled substances testing constitutes misconduct. This subsection does not preclude an employe who has employment with an employer other than the employer which terminated the employe for misconduct from establishing a benefit year using the base period wages excluded under this subsection if the employe qualifies to establish a benefit year under s. 108.06 (2) (a). The department shall charge to the fund's balancing account any benefits otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18 from which base period wages are excluded under this subsection.

AB817, s. 71 Section 71. 108.04 (6) of the statutes is amended to read: