Amendment AA8-ASA1-AB100

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.

AB100-ASA1-AA8, s. 5510d Section 5510d. 1995 Wisconsin Act 445, section 23 (1) is amended to read:

AB100-ASA1-AA8,505,12 [1995 Wisconsin Act 445] Section 23 (1) The repeal of sections 14.26 (4m) and 20.395 (5) (qr) of the statutes and the amendment of sections 341.14 (6r) (bm) 1. (by Section 14), (c) (by Section 16) and (e) (by Section 18) and 341.16 (1) (b) (by Section 22) of the statutes take effect on January 1, 1999.".

AB100-ASA1-AA8,505,13 1415. Page 1934, line 9: delete lines 9 to 12 and substitute:

AB100-ASA1-AA8,505,14 " Section 5510em. 1995 Wisconsin Act 445, section 23 (2) is amended to read:

AB100-ASA1-AA8,505,17 [1995 Wisconsin Act 445] Section 23 (2) The repeal of sections 13.101 (3m), 20.525 (1) (k) and (qr), 20.865 (4) (c), 25.40 (2) (b) 20p. and 341.14 (6r) (bg) and (f) 52. of the statutes takes effect on July 1, 1999.".

AB100-ASA1-AA8,505,18 1416. Page 1934, line 13: delete lines 13 to 19 and substitute:

AB100-ASA1-AA8,505,19 " Section 5510j. 1995 Wisconsin Act 453, section 5g is repealed.

AB100-ASA1-AA8, s. 5510n Section 5510n. 1995 Wisconsin Act 453, section 12 (1) (b) is repealed.".

AB100-ASA1-AA8,505,23 1417. Page 1935, line 2: delete "young adults" and substitute "young adults not more than 21 years of age and who are not violent offenders, as determined by the department of corrections".

AB100-ASA1-AA8,505,24 1418. Page 1935, line 13: after that line insert:

AB100-ASA1-AA8,506,6 "(1c) Supplemental title fee matching. Notwithstanding section 20.855 (4) (f) of the statutes, as created by this act, the transfer of funds from the general fund to the environmental fund in an amount equal to the amount of supplemental title fees collected under section 342.14 (3m) of the statutes, as affected by this act, for 1997 shall be made no later than October 15, 1997, or the 15th day after the date on which certification is made under Section 9149 (1c) of this act, whichever is later.".

AB100-ASA1-AA8,506,7 1419. Page 1940, line 22: after that line insert:

AB100-ASA1-AA8,506,14 "(10mg)  Educational technology block grants and library aids. Notwithstanding sections 43.70 (2) and 44.72 (2) (a) of the statutes, as affected by this act, educational technology block grants and library aids shall be distributed in the 1997-98 school year to eligible school districts, including union high school districts, in proportion to the number of persons who resided in each school district, as specified under section 43.70 (1) of the statutes, as affected by this act, on June 30, 1997, as estimated by the department of public instruction.".

AB100-ASA1-AA8,506,16 1420. Page 1941, line 2: delete "September 1, 1997" and substitute "January 1, 1998

AB100-ASA1-AA8,506,17 1421. Page 1941, line 19: after that line insert:

AB100-ASA1-AA8,507,7 "(12pg)  Aid to Wisconsin Lake Schooner Education Association. From the appropriation under section 20.505 (1) (gm) of the statutes, as created by this act, the department of administration shall provide financial assistance in an amount not to exceed $200,000 to the Wisconsin Lake Schooner Education Association for the construction of a tall sailing ship to represent this state as a part of the sesquicentennial of Wisconsin statehood in 1998. The department shall provide the assistance authorized under this subsection upon written agreement with the Wisconsin Lake Schooner Education Association to use the assistance for the purpose specified in this subsection. The agreement shall permit the Wisconsin Lake Schooner Education Association to be reimbursed for expenses incurred prior to the effective date of this subsection. This subsection does not apply after May 31, 1999, or after the date on which the governor notifies the director of the historical society of acceptance of the report under section 14.26 (6) of the statutes, as affected by this act, whichever is later.".

AB100-ASA1-AA8,507,8 1422. Page 1941, line 22: after that line insert:

AB100-ASA1-AA8,507,9 "(13m) Repeal of the depository selection board.

AB100-ASA1-AA8,507,15 (a) Rules and orders. All rules promulgated by the depository selection board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the state treasurer. All orders issued by the depository selection board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the state treasurer.

AB100-ASA1-AA8,507,20 (b) Pending matters. Any matter pending with the depository selection board on the effective date of this paragraph is transferred to the state treasurer and all materials submitted to or actions taken by the depository selection board with respect to the pending matter are considered as having been submitted to or taken by the state treasurer.".

AB100-ASA1-AA8,507,21 1423. Page 1941, line 22: after that line insert:

AB100-ASA1-AA8,508,18 "(13p) Educational technology hardware and software purchases. The technology for educational achievement in Wisconsin board shall use the procedure under section 227.24 of the statutes to propose emergency rules establishing standards and specifications for purchases of educational technology hardware and software by school districts, cooperative educational service agencies, technical college districts and the board of regents of the University of Wisconsin System under section 44.71 (2) (g) of the statutes, as created by this act. Prior to promulgation of emergency rules under this subsection, the board shall submit the proposed emergency rules to the cochairpersons of the joint committee on finance. If the cochairpersons of the committee do not notify the board that the committee has scheduled a meeting for the purpose of reviewing the proposed emergency rules within 14 working days after the date of the board's submittal, the board shall promulgate the emergency rules as proposed by the board. If, within 14 working days after the date of the board's submittal, the cochairpersons of the committee notify the board that the committee has scheduled a meeting for the purpose of reviewing the proposed emergency rules, the board shall promulgate the emergency rules only upon approval of the committee. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the board need not provide evidence of the necessity of preserving the public peace, health, safety or welfare in promulgating rules under this subsection. Notwithstanding section 227.24 (3) of the statutes, no statement is required to be filed with such emergency rules.".

AB100-ASA1-AA8,508,19 1424. Page 1941, line 22: after that line insert:

AB100-ASA1-AA8,509,15 "(13g) University of Wisconsin System real estate study. The department of administration shall contract with a private consulting firm to study the introduction of a value-based approach to the management of real estate under the jurisdiction of the board of regents of the University of Wisconsin System, and the planning, design, authorization and approval processes for construction projects on such real estate. In the study, the contractor shall assess a sample portion of existing real estate managed by the board of regents, other than at the University of Wisconsin-Madison, which shall include at least 1,000,000 but not more than 2,000,000 square feet of interior space in buildings utilized for various purposes, including administrative, instructional and recreational purposes. The contractor shall assess the existing processes for management of the real estate and for planning, design, authorization and approval of construction projects on the real estate and shall also assess an alternative approach for these processes using a value-based analysis. The contractor shall then compare the 2 approaches, determine possible changes in the current approach from which the state could realize savings and project the estimated amount of savings that would be realized. The contractor shall include in its study an analysis of whether the board of regents is scheduling classes in such a manner as to permit the state to obtain the greatest possible value for its investment in instructional facilities under the management of the board.".

AB100-ASA1-AA8,509,16 1425. Page 1941, line 22: after that line insert:

AB100-ASA1-AA8,509,18 "(13n) Unbudgeted increases in compensation, fringe benefits and related adjustments.

AB100-ASA1-AA8,509,24 (a) Amounts available for lapses. Of the amounts appropriated under section 20.865 (4) (a) of the statutes, $7,326,000 in fiscal year 1997-98 and $14,674,000 in fiscal year 1998-99 may be used only for lapses under this subsection. From the amounts appropriated under section 20.865 (4) (a) of the statutes, no more than $7,326,000 in fiscal year 1997-98 and no more than $14,674,000 in fiscal year 1998-99 may be used for lapses under this subsection.

AB100-ASA1-AA8,510,9 (b)  Department of administration reports. If the secretary of administration determines that the total amount to be expended under section 20.865 (1) (c), (ci) and (d) of the statutes for the 1997-98 fiscal year or the 1998-99 fiscal year will exceed the amount for that fiscal year that is designated under "General Purpose Revenue" under the heading "Summary of Compensation Reserves -- All Funds" in the summary schedule under section 20.005 (1) of the statutes, the secretary shall submit a report to the cochairpersons of the joint committee on finance indicating the amount by which the secretary estimates that the total amount to be expended will exceed the amount in the summary schedule.

AB100-ASA1-AA8,510,23 (c) Passive review procedure; lapses. If the cochairpersons of the joint committee on finance do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing a report submitted under paragraph (b) within 14 working days after the date of the report's submittal, there is lapsed from the appropriation account under section 20.865 (4) (a) of the statutes to the general fund an amount equal to the lesser of the amount specified in the report or the amount available under paragraph (a) for lapses for that fiscal year. If, within 14 working days after the date of the report's submittal, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the report, the committee may direct the secretary to lapse an amount determined by the committee from the appropriation account under section 20.865 (4) (a) of the statutes to the general fund, not to exceed the amount available under paragraph (a) for lapses for that fiscal year.".

AB100-ASA1-AA8,511,2 1426. Page 1942, line 8: delete "October 1, 1997" and substitute "the 60th day after the effective date of this subsection".

AB100-ASA1-AA8,511,3 1427. Page 1942, line 12: after that line insert:

AB100-ASA1-AA8,511,12 "(1h) Land and water conservation program funding for county staff. The department of agriculture, trade and consumer protection shall allocate $500,000 from the appropriation account under section 20.115 (7) (qd) of the statutes in fiscal year 1998-99 for funding land and water conservation staff in counties that on July 1, 1997, do not receive funding for staff under the nonpoint source water pollution abatement program under section 281.65 of the statutes. The department of agriculture, trade and consumer protection and the department of natural resources shall develop a plan for distributing the funding to counties and shall submit the plan to the land and water conservation board for approval.".

AB100-ASA1-AA8,511,13 1428. Page 1942, line 13: delete lines 13 to 18.

AB100-ASA1-AA8,511,14 1429. Page 1942, line 18: after that line insert:

AB100-ASA1-AA8,511,15 "(2m) Farm mediation and arbitration board.

AB100-ASA1-AA8,511,19 (a) Rules. All rules promulgated by the farm mediation and arbitration board that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of agriculture, trade and consumer protection.

AB100-ASA1-AA8,512,2 (b) Pending matters. Any matter pending with the farm mediation and arbitration board on the effective date of this paragraph is transferred to the department of agriculture, trade and consumer protection and all materials submitted to or actions taken by the farm mediation and arbitration board with respect to the pending matter are considered as having been submitted to or taken by the department of agriculture, trade and consumer protection.".

AB100-ASA1-AA8,512,3 1430. Page 1942, line 18: after that line insert:

AB100-ASA1-AA8,512,11 "(2w) Extension of certain commercial pesticide applicator certifications. Notwithstanding section 94.705 (1) (b) of the statutes, the department of agriculture, trade and consumer protection may extend, for one year beyond the scheduled expiration date, commercial pesticide applicator certifications that are scheduled to expire in 1998 for pesticide applicators certified in the categories of forest pest control, ornamental and turf pest control or right-of-way pest control. The department may extend the certifications without requiring retesting under section 94.705 (2) of the statutes.".

AB100-ASA1-AA8,512,12 1431. Page 1942, line 18: after that line insert:

AB100-ASA1-AA8,512,21 "(3xr) Emergency rules concerning fish farming. The department of agriculture, trade and consumer protection may promulgate emergency rules under section 227.24 of the statutes implementing section 95.60 of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency rules may remain in effect until January 1, 1999, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department need not provide evidence of the necessity of preservation of public peace, health, safety or welfare in promulgating the rules under this subsection.