Amendment AA1-ASA1-AB100

AB100-ASA1-AA1,454,9 905.20 Environmental audit privilege. (1) Definitions. In this section:

AB100-ASA1-AA1,454,12 (a) "Environmental audit" means an evaluation of a site or facility or of an activity or management system related to a site or facility, if the evaluation meets all of the following criteria:

AB100-ASA1-AA1,454,13 1. Is conducted by or at the request of the owner or operator of the site or facility.

AB100-ASA1-AA1,454,15 2. Is not required under a specific permit, license or approval condition or under an order issued by the department.

AB100-ASA1-AA1,454,19 3. Is undertaken for the purpose of identifying, documenting and improving compliance with environmental requirements, to identify an environmental hazard, contamination or other adverse environmental condition, or to improve an environmental management system or process.

AB100-ASA1-AA1,454,23 (b) "Environmental requirement" means a federal, state or local environmental law, including any rule, regulation, ordinance, permit, license, approval or special order issued under those laws. State environmental laws include chs. 160 and 280 to 299 and s. 166.20.

AB100-ASA1-AA1,455,8 (2) General rule of privilege. An owner or operator of a site or facility has a privilege to refuse to disclose and to prevent any other person from disclosing any document or record, stored in any format, that is collected or developed for the primary purpose and in the course of, or as a result of, an environmental audit of the owner's or operator's site or facility. This privilege may be claimed in any civil or criminal action or administrative proceeding, including a contested case, as defined in s. 227.01 (3). Disclosure of any part of an environmental audit to any of the following does not waive the privilege under this section:

AB100-ASA1-AA1,455,10 (a) An employe, agent, successor, assignee, director or shareholder of the owner or operator of the site or facility.

AB100-ASA1-AA1,455,11 (b) An attorney of the owner or operator of the site or facility.

AB100-ASA1-AA1,455,13 (c) An independent contractor retained by the owner or operator of the site or facility to review an issue raised as a result of the environmental audit.

AB100-ASA1-AA1,455,16 (d) A partner or lender of the owner or operator of the site or facility or a person whom the owner or operator is currently negotiating with regarding partnership, transfer of ownership or lending of money.

AB100-ASA1-AA1,455,18 (e) A state or federal official or employe under the terms of an agreement between a state or federal agency and the owner or operator of the site or facility.

AB100-ASA1-AA1,455,20 (f) The department of natural resources if the disclosure meets the conditions under s. 299.94 (2) (a).

AB100-ASA1-AA1,456,2 (3) Who may claim the privilege. (a) The privilege may be claimed by the owner or operator of the site or facility. If the owner or operator of the site or facility is a governmental unit, as defined in s. 939.648 (1), or a business entity, the privilege may be claimed by a director, officer, official, shareholder, trustee or managing employe, as defined in s. 49.498 (1) (e), or by any other employe who consented in writing to the preparation of the environmental audit. The authority to claim the privilege under this paragraph is presumed without evidence to the contrary.

AB100-ASA1-AA1,456,5 (b) A person who may otherwise claim a privilege under par. (a) retains the right to claim that privilege in any civil or administrative proceeding, notwithstanding the use of an environmental audit in any criminal proceeding.

AB100-ASA1-AA1,456,11 (4) Exceptions. (a) The privilege does not apply if a court of record, after an in camera review of the environmental audit, including a statement listing any activities undertaken as a result of the audit to achieve compliance with environmental requirements, determines that the person seeking access to the document or record related to an environmental audit proves by a preponderance of the evidence any of the following:

AB100-ASA1-AA1,456,12 1. That the privilege is asserted for a fraudulent purpose.

AB100-ASA1-AA1,456,15 2. That the owner or operator of the site or facility failed to take the appropriate responses necessary to achieve compliance within a reasonable time after any noncompliance was discovered as the result of an environmental audit.

AB100-ASA1-AA1,456,19 3. That the environmental audit provides information about a site or facility that constitutes a violation of an environmental requirement and that the violation was committed with knowledge by an owner or operator of the site or facility that the site or facility violated an environmental requirement.

AB100-ASA1-AA1,456,20 (b) The privilege does not apply to any of the following:

AB100-ASA1-AA1,456,24 1. Documents, communication, data, reports or other information required to be made available or reported to a regulatory agency or any other person by statute, rule, ordinance, permit, license, approval, order or consent agreement, or as otherwise provided by law.

AB100-ASA1-AA1,457,3 2. Information obtained by the observation, sampling or monitoring conducted by a state or federal agency that regulates compliance with federal environmental requirements.

AB100-ASA1-AA1,457,5 3. Information legally obtained from a source independent of an environmental audit.".

AB100-ASA1-AA1,457,6 1227. Page 1898, line 2: after that line insert:

AB100-ASA1-AA1,457,7 " Section 5246d. 938.22 (1) (a) of the statutes is amended to read:

AB100-ASA1-AA1,457,14 938.22 (1) (a) The county board of supervisors may establish a secure detention facility or a shelter care facility or both or the county boards of supervisors for 2 or more counties may jointly establish a secure detention facility or a shelter care facility or both in accordance with ss. 46.16, 46.20 and 301.36. A private entity may establish a secure detention facility in accordance with ss. 301.36 and 301.37 and contract with one or more county boards of supervisors under s. 938.222 for holding juveniles in the private secure detention facility.

AB100-ASA1-AA1, s. 5247d Section 5247d. 938.22 (1) (b) of the statutes is amended to read:

AB100-ASA1-AA1,457,22 938.22 (1) (b) Subject to sub. (3) (ar), in counties having a population of less than 500,000, the nonjudicial operational policies of the a public secure detention facility or shelter care facility shall be determined by the county board of supervisors or, in the case of a public secure detention facility or shelter care facility established by 2 or more counties, by the county boards of supervisors for the 2 or more counties jointly. Those policies shall be executed by the superintendent appointed under sub. (3) (a).

AB100-ASA1-AA1, s. 5247g Section 5247g. 938.22 (1) (c) of the statutes is amended to read:

AB100-ASA1-AA1,458,5 938.22 (1) (c) In counties having a population of 500,000 or more, the nonjudicial operational policies of the a public secure detention facility and the detention section of the juvenile delinquency children's court center shall be established by the county board of supervisors, and the execution thereof shall be the responsibility of the director of the children's court center.

AB100-ASA1-AA1, s. 5247i Section 5247i. 938.22 (1) (d) of the statutes is created to read:

AB100-ASA1-AA1,458,10 938.22 (1) (d) The nonjudicial operational policies of a private secure detention facility shall be established by the private entity operating the secure detention facility. Those policies shall be executed by the superintendent appointed under sub. (3) (bm).

AB100-ASA1-AA1, s. 5248d Section 5248d. 938.22 (2) (a) of the statutes is amended to read:

AB100-ASA1-AA1,458,23 938.22 (2) (a) Counties shall submit plans for the secure detention facility or juvenile portion of the county jail to the department of corrections and submit plans for the shelter care facility to the department of health and family services. A private entity that proposes to establish a secure detention facility shall submit plans for the secure detention facility to the department of corrections. The applicable department shall review the submitted plans. The counties A county or a private entity may not implement any such plan unless the applicable department has approved the plan. The department of corrections shall promulgate rules establishing minimum requirements for the approval of the operation of secure detention facilities and the juvenile portion of county jails. The plans and rules shall be designed to protect the health, safety and welfare of the juveniles in these facilities.

AB100-ASA1-AA1, s. 5249d Section 5249d. 938.22 (3) (bm) of the statutes is created to read:

AB100-ASA1-AA1,459,3 938.22 (3) (bm) A private secure detention facility shall be in the charge of a superintendent appointed by the private entity operating the secure detention facility.

AB100-ASA1-AA1, s. 5249g Section 5249g. 938.22 (3) (c) of the statutes is amended to read:

AB100-ASA1-AA1,459,7 938.22 (3) (c) All superintendents appointed under par. (a) or, (b) or (bm) after May 1, 1992, shall, within one year after that appointment, successfully complete an administrative training program approved or provided by the department of justice.

AB100-ASA1-AA1, s. 5249m Section 5249m. 938.22 (5) of the statutes is amended to read:

AB100-ASA1-AA1,459,12 938.22 (5) A county board of supervisors, or 2 or more county boards of supervisors jointly, may contract with privately operated secure detention facilities, shelter care facilities or home detention programs for purchase of services. A county board of supervisors may delegate this authority to its county department.".

AB100-ASA1-AA1,459,13 1228. Page 1899, line 12: after that line insert:

AB100-ASA1-AA1,459,14 " Section 5253m. 938.222 of the statutes is created to read:

AB100-ASA1-AA1,459,21 938.222 Contracts with private entities for secure detention facility services. (1) The county board of supervisors of any county may contract with a private entity that operates a secure detention facility for the use of the secure detention facility for the holding of juveniles who meet the criteria under s. 48.208, 938.17 (1), 938.183 (1m) (a) or 938.208 or who are subject to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s. 938.355 (6) (d) 1. or short-term detention under s. 938.355 (6d) or 938.534 (1).

AB100-ASA1-AA1,459,22 (2) (a) A contract under sub. (1) shall require all of the following:

AB100-ASA1-AA1,460,2 1. That the private secure detention facility meet or exceed the minimum requirements for the approval and operation of a secure detention facility established by the department by rules promulgated under s. 938.22 (2) (a) and that the private secure detention facility be approved by the department under s. 301.36.

AB100-ASA1-AA1,460,5 2. That the private secure detention facility provide educational programming, health care and other care that is equivalent to that which a juvenile would receive if held in a public secure detention facility.

AB100-ASA1-AA1,460,7 (b) In addition to the requirements under par. (a), a contract under sub. (1) shall include all of the following:

AB100-ASA1-AA1,460,11 1. The rates to be paid by the county for holding a juvenile in the private secure detention facility and the charges to be paid by the county for any extraordinary medical and dental expenses and any programming provided for a juvenile who is held in the private secure detention facility.

AB100-ASA1-AA1,460,13 2. An agreement that the county retains jurisdiction over a juvenile who is held in the private secure detention facility.

AB100-ASA1-AA1,460,15 3. An agreement that the private secure detention facility is subject to investigation and inspection by the department under s. 301.36.

AB100-ASA1-AA1,460,18 4. Any other matters that are necessary and appropriate concerning the obligations, responsibilities and rights of the contracting counties and the department.".

AB100-ASA1-AA1,460,19 1229. Page 1907, line 12: after that line insert:

AB100-ASA1-AA1,460,20 " Section 5275g. 938.396 (1m) (a) of the statutes is amended to read:

AB100-ASA1-AA1,461,4 938.396 (1m) (a) If requested by the school district administrator of a public school district, a A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district or the school district administrator's designee, may, subject to official agency policy, provide to the school district administrator or designee any information in its records relating to the use, possession or distribution of alcohol or a controlled substance or controlled substance analog by a pupil juvenile enrolled in the public school district. The information shall be used by the school district as provided under s. 118.127 (2).

AB100-ASA1-AA1, s. 5275h Section 5275h. 938.396 (1m) (am) of the statutes is amended to read:

AB100-ASA1-AA1,461,12 938.396 (1m) (am) If requested by a school district administrator of a public school district, a A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district or the school district administrator's designee, may, subject to official agency policy, provide to the school district administrator or designee any information in its records relating to the illegal possession by a juvenile of a dangerous weapon, as defined in s. 939.22 (10). The information shall be used by the school district as provided in s. 118.127 (2).

AB100-ASA1-AA1, s. 5275k Section 5275k. 938.396 (1m) (ar) of the statutes is created to read:

AB100-ASA1-AA1,461,21 938.396 (1m) (ar) A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district or the school district administrator's designee, may, subject to official agency policy, provide to the school district administrator or designee any information in its records relating to an act for which a juvenile enrolled in the school district was taken into custody under s. 938.19 based on a law enforcement officer's belief that the juvenile was committing or had committed an act that is a violation specified in s. 938.34 (4h) (a). The information shall be used by the school district as provided in s. 118.127 (2).

AB100-ASA1-AA1, s. 5275m Section 5275m. 938.396 (1m) (b) of the statutes is amended to read:

AB100-ASA1-AA1,462,5 938.396 (1m) (b) If requested by the school district administrator of a public school district, a A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district or the school district administrator's designee, may disclose, subject to official agency policy, provide to the school district administrator or designee any information in its records relating to the act for which a juvenile enrolled in the public school district was adjudged delinquent. The information shall be used by the school district as provided in s. 118.127 (3) (2).".

AB100-ASA1-AA1,462,6 1230. Page 1913, line 4: after that line insert:

AB100-ASA1-AA1,462,7 " Section 5336m. 943.60 (1) of the statutes is amended to read:

AB100-ASA1-AA1,462,13 943.60 (1) Any person who submits for filing, entering or recording any lien, claim of lien, lis pendens, writ of attachment, financing statement or any other instrument relating to a security interest in or title in to real or personal property, knowing and who knows or should have known that the contents or any part of the contents to be of the instrument are false, a sham or frivolous, is guilty of a Class E D felony.".

AB100-ASA1-AA1,462,14 1231. Page 1914, line 19: after that line insert:

AB100-ASA1-AA1,462,16 " Section 5343j. 946.68 (1) of the statutes is renumbered 946.68 (1r) (a) and amended to read:

AB100-ASA1-AA1,462,19 946.68 (1r) (a) Whoever Except as provided in pars. (b) and (c), whoever sends or delivers to another any document which simulates a summons, complaint, or court legal process is guilty of a Class E felony.

AB100-ASA1-AA1,462,21 (b) If the document under par. (a) is sent or delivered with intent thereby to induce payment of a claim, the person is guilty of a Class B misdemeanor D felony.

AB100-ASA1-AA1, s. 5343k Section 5343k. 946.68 (1g) of the statutes is created to read:

AB100-ASA1-AA1,463,2 946.68 (1g) In this section, "legal process" includes a subpoena, summons, complaint, warrant, injunction, writ, notice, pleading, order or other document that directs a person to perform or refrain from performing a specified act and compliance with which is enforceable by a court or governmental agency.

AB100-ASA1-AA1, s. 5343L Section 5343L. 946.68 (1r) (c) of the statutes is created to read:

AB100-ASA1-AA1,463,5 946.68 (1r) (c) If the document under par. (a) simulates any criminal process, the person is guilty of a Class D felony.

AB100-ASA1-AA1, s. 5343m Section 5343m. 946.68 (2) of the statutes is amended to read:

AB100-ASA1-AA1,463,9 946.68 (2) Proof that the a document specified under sub. (1r) was mailed or was delivered to any person with intent that it be forwarded to the intended recipient is sufficient proof of sending.

AB100-ASA1-AA1, s. 5343t Section 5343t. 946.69 (2) (intro.) of the statutes is amended to read:

AB100-ASA1-AA1,463,12 946.69 (2) (intro.) Whoever does any of the following is guilty of a Class A misdemeanor E felony:".

AB100-ASA1-AA1,463,13 1232. Page 1914, line 23: after that line insert:

AB100-ASA1-AA1,463,14 " Section 5346e. 951.01 (3f) of the statutes is created to read:

AB100-ASA1-AA1,463,16 951.01 (3f) "Fire department" includes a volunteer fire department and a department under s. 61.66.

AB100-ASA1-AA1, s. 5346f Section 5346f. 951.095 (title) of the statutes is amended to read:

AB100-ASA1-AA1,463,18 951.095 (title) Harassment of police and fire animals.

AB100-ASA1-AA1, s. 5346g Section 5346g. 951.095 (1) (intro.) of the statutes is amended to read:

AB100-ASA1-AA1,463,22 951.095 (1) (intro.)  No person may do any of the following to any animal that is used by a law enforcement agency or fire department to perform agency or department functions or duties:

AB100-ASA1-AA1, s. 5346h Section 5346h. 951.18 (2m) of the statutes is amended to read:

AB100-ASA1-AA1,464,11 951.18 (2m) Any person who violates s. 951.095 is subject to a Class B forfeiture. Any person who intentionally or negligently violates s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties, is guilty of a Class A misdemeanor. Any person who intentionally violates s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties and causing injury to the animal, is guilty of a Class E felony. Any person who intentionally violates s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties and causing death to the animal, is guilty of a Class D felony.".

AB100-ASA1-AA1,464,12 1233. Page 1914, line 23: after that line insert:

AB100-ASA1-AA1,464,13 " Section 5346d. 949.06 (5) (a) of the statutes is amended to read:

AB100-ASA1-AA1,464,16 949.06 (5) (a) Except as provided in pars. (b) to (e), the department shall make awards under this section from the appropriations under s. 20.455 (5) (b), (j) (kj) and (m).".

AB100-ASA1-AA1,464,17 1234. Page 1927, line 22: after that line insert: