Amendment AA8-ASA1-AB100

AB100-ASA1-AA8,493,9 846.04 (2) Except as provided in sub. (3), if a mortgage foreclosure deficiency judgment is entered on property devoted primarily to agricultural use, as defined in s. 91.01 (5), an action on the deficiency judgment shall be commenced within 10 years after the date on which the mortgage foreclosure deficiency judgment is entered or be barred.

AB100-ASA1-AA8, s. 5200h Section 5200h. 846.04 (3) of the statutes is created to read:

AB100-ASA1-AA8,493,25 846.04 (3) If a mortgage foreclosure deficiency judgment was entered before January 1, 1990, on property devoted primarily to agricultural use, as defined in s. 91.01 (5), an action on the deficiency judgment shall be commenced within 2 years after the effective date of this subsection .... [revisor inserts date], or be barred. If the deficiency judgment remains unsatisfied in a mortgage foreclosure deficiency judgment action entered before the effective date of this subsection .... [revisor inserts date], the defendant in that action shall notify the clerk of circuit court of the existence of that deficiency judgment and of the date that an action on that deficiency judgment shall be commenced or be barred. Not later than 60 days prior to 2 years after the effective date of this subsection .... [revisor inserts date], if notified of an unsatisfied deficiency judgment by the defendant in that action, the clerk of each circuit court in which a mortgage foreclosure deficiency judgment on property devoted primarily to agricultural use, as defined in s. 91.01 (5), was entered before January 1, 1990, and remains unsatisfied, shall, upon payment by the defendant in that action of the costs of the publication and certified mail, do all of the following:

AB100-ASA1-AA8,494,6 (a) Publish a notice as a class 1 notice under ch. 985, in the official newspaper of the county where the mortgage foreclosure deficiency judgment was entered, stating that the party holding the mortgage foreclosure deficiency judgment is required to commence an action on the deficiency judgment prior to 2 years after the effective date of this paragraph .... [revisor inserts date], or be barred from any further action on that deficiency judgment.

AB100-ASA1-AA8,494,11 (b) Notify by certified mail the primary plaintiff in the action for the mortgage foreclosure deficiency judgment that the plaintiff is required to commence an action on the deficiency judgment prior to 2 years after the effective date of this paragraph .... [revisor inserts date], or be barred from any further action on that deficiency judgment.".

AB100-ASA1-AA8,494,13 1399. Page 1889, line 22: delete "any other vehicle having a gross vehicle weight rating" and substitute "motor truck having a registered weight".

AB100-ASA1-AA8,494,14 1400. Page 1890, line 17: after that line insert:

AB100-ASA1-AA8,494,15 " Section 5217g. 893.40 of the statutes is amended to read:

AB100-ASA1-AA8,494,19 893.40 Action on judgment or decree; court of record. An Except as provided in s. 846.04 (2) and (3), action upon a judgment or decree of a court of record of any state or of the United States shall be commenced within 20 years after the judgment or decree is entered or be barred.".

AB100-ASA1-AA8,494,20 1401. Page 1893, line 3: after that line insert:

AB100-ASA1-AA8,494,21 " Section 5225m. 895.483 (1) of the statutes is amended to read:

AB100-ASA1-AA8,495,3 895.483 (1) A regional emergency response team, a member of such a team, and a local agency, as defined in s. 166.22 (1) (c), that contracts with the state emergency response board division of emergency management in the department of military affairs for the provision of a regional emergency response team, are immune from civil liability for acts or omissions related to carrying out responsibilities under a contract under s. 166.215 (1).".

AB100-ASA1-AA8,495,4 1402. Page 1898, line 2: after that line insert:

AB100-ASA1-AA8,495,5 " Section 5246d. 938.22 (1) (a) of the statutes is amended to read:

AB100-ASA1-AA8,495,12 938.22 (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-AA8, s. 5247d Section 5247d. 938.22 (1) (b) of the statutes is amended to read:

AB100-ASA1-AA8,495,20 938.22 (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-AA8, s. 5247g Section 5247g. 938.22 (1) (c) of the statutes is amended to read:

AB100-ASA1-AA8,496,2 938.22 (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-AA8, s. 5247i Section 5247i. 938.22 (1) (d) of the statutes is created to read:

AB100-ASA1-AA8,496,7 938.22 (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-AA8, s. 5248d Section 5248d. 938.22 (2) (a) of the statutes is amended to read:

AB100-ASA1-AA8,496,20 938.22 (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-AA8, s. 5249d Section 5249d. 938.22 (3) (bm) of the statutes is created to read:

AB100-ASA1-AA8,496,24 938.22 (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-AA8, s. 5249g Section 5249g. 938.22 (3) (c) of the statutes is amended to read:

AB100-ASA1-AA8,497,3 938.22 (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-AA8, s. 5249m Section 5249m. 938.22 (5) of the statutes is amended to read:

AB100-ASA1-AA8,497,8 938.22 (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-AA8,497,9 1403. Page 1899, line 12: after that line insert:

AB100-ASA1-AA8,497,10 " Section 5253m. 938.222 of the statutes is created to read:

AB100-ASA1-AA8,497,17 938.222 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-AA8,497,18 (2) (a) A contract under sub. (1) shall require all of the following:

AB100-ASA1-AA8,497,22 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-AA8,498,3 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-AA8,498,5 (b) In addition to the requirements under par. (a), a contract under sub. (1) shall include all of the following:

AB100-ASA1-AA8,498,9 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-AA8,498,11 2. An agreement that the county retains jurisdiction over a juvenile who is held in the private secure detention facility.

AB100-ASA1-AA8,498,13 3. An agreement that the private secure detention facility is subject to investigation and inspection by the department under s. 301.36.

AB100-ASA1-AA8,498,16 4. Any other matters that are necessary and appropriate concerning the obligations, responsibilities and rights of the contracting counties and the department.".

AB100-ASA1-AA8,498,17 1404. Page 1907, line 12: after that line insert:

AB100-ASA1-AA8,498,18 " Section 5275g. 938.396 (1m) (a) of the statutes is amended to read:

AB100-ASA1-AA8,499,2 938.396 (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-AA8, s. 5275h Section 5275h. 938.396 (1m) (am) of the statutes is amended to read:

AB100-ASA1-AA8,499,10 938.396 (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-AA8, s. 5275k Section 5275k. 938.396 (1m) (ar) of the statutes is created to read:

AB100-ASA1-AA8,499,19 938.396 (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-AA8, s. 5275m Section 5275m. 938.396 (1m) (b) of the statutes is amended to read:

AB100-ASA1-AA8,500,3 938.396 (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-AA8,500,4 1405. Page 1913, line 4: after that line insert:

AB100-ASA1-AA8,500,5 " Section 5336m. 943.60 (1) of the statutes is amended to read:

AB100-ASA1-AA8,500,11 943.60 (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-AA8,500,12 1406. Page 1914, line 19: after that line insert:

AB100-ASA1-AA8,500,14 " Section 5343j. 946.68 (1) of the statutes is renumbered 946.68 (1r) (a) and amended to read:

AB100-ASA1-AA8,500,17 946.68 (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-AA8,500,19 (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-AA8, s. 5343k Section 5343k. 946.68 (1g) of the statutes is created to read:

AB100-ASA1-AA8,500,24 946.68 (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-AA8, s. 5343L Section 5343L. 946.68 (1r) (c) of the statutes is created to read:

AB100-ASA1-AA8,501,3 946.68 (1r) (c) If the document under par. (a) simulates any criminal process, the person is guilty of a Class D felony.

AB100-ASA1-AA8, s. 5343m Section 5343m. 946.68 (2) of the statutes is amended to read:

AB100-ASA1-AA8,501,7 946.68 (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-AA8, s. 5343t Section 5343t. 946.69 (2) (intro.) of the statutes is amended to read:

AB100-ASA1-AA8,501,10 946.69 (2) (intro.) Whoever does any of the following is guilty of a Class A misdemeanor E felony:".

AB100-ASA1-AA8,501,11 1407. Page 1914, line 23: after that line insert:

AB100-ASA1-AA8,501,12 " Section 5346e. 951.01 (3f) of the statutes is created to read:

AB100-ASA1-AA8,501,14 951.01 (3f) "Fire department" includes a volunteer fire department and a department under s. 61.66.

AB100-ASA1-AA8, s. 5346f Section 5346f. 951.095 (title) of the statutes is amended to read:

AB100-ASA1-AA8,501,16 951.095 (title) Harassment of police and fire animals.

AB100-ASA1-AA8, s. 5346g Section 5346g. 951.095 (1) (intro.) of the statutes is amended to read:

AB100-ASA1-AA8,501,20 951.095 (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-AA8, s. 5346h Section 5346h. 951.18 (2m) of the statutes is amended to read:

AB100-ASA1-AA8,502,8 951.18 (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-AA8,502,9 1408. Page 1914, line 23: after that line insert:

AB100-ASA1-AA8,502,10 " Section 5346d. 949.06 (5) (a) of the statutes is amended to read:

AB100-ASA1-AA8,502,13 949.06 (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-AA8,502,14 1409. Page 1927, line 22: after that line insert:

AB100-ASA1-AA8,502,15 " Section 5491d. 980.06 (2) (c) of the statutes is amended to read:

AB100-ASA1-AA8,503,15 980.06 (2) (c) If the court finds that the person is appropriate for supervised release, the court shall notify the department. The department and the county department under s. 51.42 in the county of residence of the person, as determined under s. 980.105, shall prepare a plan that identifies the treatment and services, if any, that the person will receive in the community. The plan shall address the person's need, if any, for supervision, counseling, medication, community support services, residential services, vocational services, and alcohol or other drug abuse treatment. The department may contract with a county department, under s. 51.42 (3) (aw) 1. d., with another public agency or with a private agency to provide the treatment and services identified in the plan. The plan shall specify who will be responsible for providing the treatment and services identified in the plan. The plan shall be presented to the court for its approval within 21 days after the court finding that the person is appropriate for supervised release, unless the department, county department and person to be released request additional time to develop the plan. If the county department of the person's county of residence declines to prepare a plan, the department may arrange for another county to prepare the plan if that county agrees to prepare the plan and if the person will be living in that county. If the department is unable to arrange for another county to prepare a plan, the court shall designate a county department to prepare the plan, order the county department to prepare the plan and place the person on supervised release in that county, except that the court may not so designate the county department in the a county where the a facility in which the person was committed placed for institutional care is located unless that county is also the person's county of residence.".

AB100-ASA1-AA8,503,16 1410. Page 1929, line 15: after that line insert:

AB100-ASA1-AA8,503,17 " Section 5491y. 980.08 (5) of the statutes is amended to read:

AB100-ASA1-AA8,504,17 980.08 (5) If the court finds that the person is appropriate for supervised release, the court shall notify the department. The department and the county department under s. 51.42 in the county of residence of the person, as determined under s. 980.105, shall prepare a plan that identifies the treatment and services, if any, that the person will receive in the community. The plan shall address the person's need, if any, for supervision, counseling, medication, community support services, residential services, vocational services, and alcohol or other drug abuse treatment. The department may contract with a county department, under s. 51.42 (3) (aw) 1. d., with another public agency or with a private agency to provide the treatment and services identified in the plan. The plan shall specify who will be responsible for providing the treatment and services identified in the plan. The plan shall be presented to the court for its approval within 60 days after the court finding that the person is appropriate for supervised release, unless the department, county department and person to be released request additional time to develop the plan. If the county department of the person's county of residence declines to prepare a plan, the department may arrange for another county to prepare the plan if that county agrees to prepare the plan and if the person will be living in that county. If the department is unable to arrange for another county to prepare a plan, the court shall designate a county department to prepare the plan, order the county department to prepare the plan and place the person on supervised release in that county, except that the court may not so designate the county department in the a county where the a facility in which the person was committed placed for institutional care is located unless that county is also the person's county of residence.".

AB100-ASA1-AA8,504,18 1411. Page 1930, line 19: after that line insert:

AB100-ASA1-AA8,504,20 " Section 5503h. 1995 Wisconsin Act 27, section 9148 (3z) (b) is amended to read:

AB100-ASA1-AA8,505,3 [1995 Wisconsin Act 27] Section 9148 (3z) (b) Any person who holds a permit, license or certificate issued by the department of revenue that expires on or after December 31, 1995, for an activity for which a business tax registration certificate is required on or after January 1, 1996, shall, upon application, be issued at no charge a business tax registration certificate under section 73.03 (50) of the statutes, as created by this act, that expires on a date that is determined by the department of revenue and that is between January 1, 1998, and December 31, 1999.".

AB100-ASA1-AA8,505,4 1412. Page 1934, line 4: delete lines 4 and 5.

AB100-ASA1-AA8,505,5 1413. Page 1934, line 7: delete that line.

AB100-ASA1-AA8,505,6 1414. Page 1934, line 8: after that line insert:

AB100-ASA1-AA8,505,7 " Section 5509m. 1995 Wisconsin Act 445, section 14 is repealed.