Amendment CA1-ASA1-AB133

AB133-ASA1-CA1, s. 3111p Section 3111p. 880.157 of the statutes is created to read:

AB133-ASA1-CA1,734,4 880.157 Prohibiting visitation or physical placement if a parent kills other parent. (1) Except as provided in sub. (2), in an action under this chapter that affects a minor child, a court may not grant to a parent of the child visitation or physical placement rights with the child if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated.

AB133-ASA1-CA1,734,8 (2) Subsection (1) does not apply if the court determines by clear and convincing evidence that visitation or periods of physical placement would be in the best interests of the child. The court shall consider the wishes of the child in making the determination.".

AB133-ASA1-CA1,734,9 1512. Page 1431, line 11: after that line insert:

AB133-ASA1-CA1,734,10 " Section 3113m. 895.505 of the statutes is created to read:

AB133-ASA1-CA1,734,12 895.505 Disposal of records containing personal information. (1) Definitions. In this section:

AB133-ASA1-CA1,734,13 (a) "Credit card" has the meaning given in s. 421.301 (15).

AB133-ASA1-CA1,734,15 (am) "Dispose" does not include a sale of a record or the transfer of a record for value.

AB133-ASA1-CA1,734,19 (b) "Financial institution" means any bank, savings bank, savings and loan association or credit union that is authorized to do business under state or federal laws relating to financial institutions, any issuer of a credit card or any investment company.

AB133-ASA1-CA1,734,20 (c) "Investment company" has the meaning given in s. 180.0103 (11e).

AB133-ASA1-CA1,735,2 (d) "Medical business" means any organization or enterprise operated for profit or not for profit, including a sole proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, limited liability company or association, that possesses information, other than personnel records, relating to a person's physical or mental health, medical history or medical treatment.

AB133-ASA1-CA1,735,3 (e) "Personal information" means any of the following:

AB133-ASA1-CA1,735,5 1. Personally identifiable data about an individual's medical condition, if the data are not generally considered to be public knowledge.

AB133-ASA1-CA1,735,8 2. Personally identifiable data that contain an individual's account or customer number, account balance, balance owing, credit balance or credit limit, if the data relate to an individual's account or transaction with a financial institution.

AB133-ASA1-CA1,735,10 3. Personally identifiable data provided by an individual to a financial institution upon opening an account or applying for a loan or credit.

AB133-ASA1-CA1,735,12 4. Personally identifiable data about an individual's federal, state or local tax returns.

AB133-ASA1-CA1,735,14 (f) "Personally identifiable" means capable of being associated with a particular individual through one or more identifiers or other information or circumstances.

AB133-ASA1-CA1,735,17 (g) "Record" means any material on which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved, regardless of physical form or characteristics.

AB133-ASA1-CA1,735,22 (h) "Tax preparation business" means any organization or enterprise operated for profit, including a sole proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, limited liability company or association, that for a fee prepares an individual's federal, state or local tax returns or counsels an individual regarding the individual's federal, state or local tax returns.

AB133-ASA1-CA1,736,2 (2) Disposal of records containing personal information. A financial institution, medical business or tax preparation business may not dispose of a record containing personal information unless the financial institution, medical business, tax preparation business or other person under contract with the financial institution, medical business or tax preparation business does any of the following:

AB133-ASA1-CA1,736,3 (a) Shreds the record before the disposal of the record.

AB133-ASA1-CA1,736,5 (b) Erases the personal information contained in the record before the disposal of the record.

AB133-ASA1-CA1,736,7 (c) Modifies the record to make the personal information unreadable before the disposal of the record.

AB133-ASA1-CA1,736,10 (d) Takes actions that it reasonably believes will ensure that no unauthorized person will have access to the personal information contained in the record for the period between the record's disposal and the record's destruction.

AB133-ASA1-CA1,736,14 (3) Civil liability; disposal and use. (a) A financial institution, medical business or tax preparation business is liable to a person whose personal information is disposed of in violation of sub. (2) for the amount of damages resulting from the violation.

AB133-ASA1-CA1,736,22 (b) Any person who, for any purpose, uses personal information contained in a record that was disposed of by a financial institution, medical business or tax preparation business is liable to an individual who is the subject of the information and to the financial institution, medical business or tax preparation business that disposed of the record for the amount of damages resulting from the person's use of the information. This paragraph does not apply to a person who uses personal information with the authorization or consent of the individual who is the subject of the information.

AB133-ASA1-CA1,737,2 (4) Penalties; disposal and use. (a) A financial institution, medical business or tax preparation business that violates sub. (2) may be required to forfeit not more than $1,000. Acts arising out of the same incident or occurrence shall be a single violation.

AB133-ASA1-CA1,737,8 (b) Any person who possesses a record that was disposed of by a financial institution, medical business or tax preparation business and who intends to use, for any purpose, personal information contained in the record may be fined not more than $1,000 or imprisoned for not more than 90 days or both. This paragraph does not apply to a person who possesses a record with the authorization or consent of the individual whose personal information is contained in the record.".

AB133-ASA1-CA1,737,9 1513. Page 1431, line 11: after that line insert:

AB133-ASA1-CA1,737,10 " Section 3111m. 895.035 (4) of the statutes is amended to read:

AB133-ASA1-CA1,737,19 895.035 (4) Except for recovery under sub. (4a) or for retail theft under s. 943.51, the maximum recovery under this section from any parent or parents may not exceed the amount specified in s. 799.01 (1) (d) for damages resulting from any one act of a juvenile in addition to taxable costs and disbursements and reasonable attorney fees, as determined by the court. If 2 or more juveniles in the custody of the same parent or parents commit the same act the total recovery under this section may not exceed the amount specified in s. 799.01 (1) (d), in addition to taxable costs and disbursements. The maximum recovery from any parent or parents for retail theft by their minor child is established under s. 943.51.

AB133-ASA1-CA1, s. 3111t Section 3111t. 895.035 (4a) of the statutes is created to read:

AB133-ASA1-CA1,738,2 895.035 (4a) (a) The maximum recovery under this section by a school board or a governing body of a private school from any parent or parents with custody of a minor child may not exceed $20,000 for damages resulting from any one act of the minor child in addition to taxable costs and disbursements and reasonable attorney fees, as determined by the court, for damages caused to the school board or the governing body of a private school by any of the following actions of the minor child:

AB133-ASA1-CA1,738,6 1. An act or threat that endangers the property, health or safety of persons at the school or under the supervision of a school authority or that damages the property of a school board or the governing body of a private school and that results in a substantial disruption of a school day or a school activity.

AB133-ASA1-CA1,738,8 2. An act resulting in a violation of s. 943.01, 943.02, 943.03, 943.05, 943.06 or 947.015.

AB133-ASA1-CA1,738,12 (b) In addition to other recoverable damages, damages under par. (a) may include the cost to the school board or the governing body of a private school in loss of instructional time directly resulting from the action of the minor child under par. (a).

AB133-ASA1-CA1,738,16 (c) If 2 or more minor children in the custody of the same parent or parents are involved in the same action under par. (a), the total recovery may not exceed $20,000, in addition to taxable costs, disbursements and reasonable attorney fees, as determined by the court.

AB133-ASA1-CA1,738,19 (d) If an insurance policy does not explicitly provide coverage for actions under par. (a), the issuer of that policy is not liable for the damages resulting from those actions.".

AB133-ASA1-CA1,738,20 1514. Page 1431, line 11: after that line insert:

AB133-ASA1-CA1,738,21 " Section 3113m. 895.58 of the statutes is created to read:

AB133-ASA1-CA1,738,23 895.58 Liability exemption; use of special waste under public works contracts. (1) In this section:

AB133-ASA1-CA1,738,24 (a) "Department" means the department of natural resources.

AB133-ASA1-CA1,739,4 (b) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an agency or corporation of such a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

AB133-ASA1-CA1,739,6 (c) "Public works project" means any work done under contract to a state agency or local governmental unit.

AB133-ASA1-CA1,739,8 (d) "Special waste" means any solid waste which is characterized for beneficial use in public works projects by the department of natural resources.

AB133-ASA1-CA1,739,14 (2) The department may characterize a solid waste for beneficial use in public works projects by rule, memorandum of understanding between itself and other state agencies or local governmental units, or on a case-by-case basis. The department shall compile and maintain a list of special wastes in a format readily available to the general public and only those special wastes may be required by contracting agencies to be used in a public works project.

AB133-ASA1-CA1,739,16 (3) Special waste, when used in a public works project, is not subject to regulation as solid waste under ch. 289.

AB133-ASA1-CA1,739,20 (4) A person is immune from liability for the use of special waste on a public works project or for damages resulting from the person's actions or omissions relating to the use of the special waste on a public works project if all of the following apply:

AB133-ASA1-CA1,739,25 (a) The acts or omissions by the person occurred while performing work under a contract for a public works project including acts or omissions by any person who has a direct contractual relationship with the prime contractor, as defined in s. 779.01 (2) (d), under a contract for a public works project to perform labor or furnish materials.

AB133-ASA1-CA1,740,3 (b) The acts or omissions involving the special wastes were required or permitted in a contract for a public works project and the acts or omissions conformed to the provisions of the contract.

AB133-ASA1-CA1,740,5 (5) Subsection (4) does not apply to any person to whom either of the following applies:

AB133-ASA1-CA1,740,7 (a) The person's act or omission involved reckless, wanton or intentional misconduct.

AB133-ASA1-CA1,740,8 (b) The person's act or omission resulted in injury or death to an individual.".

AB133-ASA1-CA1,740,9 1515. Page 1431, line 11: after that line insert:

AB133-ASA1-CA1,740,11 " Section 3113g. 895.48 (1m) (intro.) of the statutes, as affected by 1997 Wisconsin Acts 67 and 156, is amended to read:

AB133-ASA1-CA1,740,21 895.48 (1m) (intro.) Any physician or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical technician licensed under s. 146.50, physician assistant licensed under ch. 448, registered nurse licensed under ch. 441 or a massage therapist or bodyworker issued a license of registration under subch. X of ch. 440 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 46.93 (1m) (c), a private school, as defined in s. 115.001 (3r), a public agency, as defined in s. 46.93 (1m) (e), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:

AB133-ASA1-CA1, s. 3113m Section 3113m. 895.48 (1m) (b) of the statutes, as affected by 1997 Wisconsin Act 156, is amended to read:

AB133-ASA1-CA1,741,4 895.48 (1m) (b) The physician, athletic trainer, chiropractor, dentist, emergency medical technician, physician assistant, registered nurse, massage therapist or bodyworker does not receive compensation for the health care, other than reimbursement for expenses.".

AB133-ASA1-CA1,741,5 1516. Page 1431, line 22: after that line insert:

AB133-ASA1-CA1,741,6 " Section 3130m. 938.20 (8) of the statutes is amended to read:

AB133-ASA1-CA1,742,2 938.20 (8) If a juvenile is held in custody, the intake worker shall notify the juvenile's parent, guardian and legal custodian of the reasons for holding the juvenile in custody and of the juvenile's whereabouts unless there is reason to believe that notice would present imminent danger to the juvenile. If a juvenile who has violated the terms of aftercare supervision administered by the department or a county department is held in custody, the intake worker shall also notify the department or county department, whichever has supervision over the juvenile, of the reasons for holding the juvenile in custody, of the juvenile's whereabouts and of the time and place of the detention hearing required under s. 938.21. The parent, guardian and legal custodian shall also be notified of the time and place of the detention hearing required under s. 938.21, the nature and possible consequences of that hearing, the right to counsel under s. 938.23 regardless of ability to pay and the right to present and cross-examine witnesses at the hearing. If the parent, guardian or legal custodian is not immediately available, the intake worker or another person designated by the court shall provide notice as soon as possible. When the juvenile is alleged to have committed a delinquent act, the juvenile shall receive the same notice about the detention hearing as the parent, guardian or legal custodian. The intake worker shall notify both the juvenile and the juvenile's parent, guardian or legal custodian.

AB133-ASA1-CA1, s. 3131m Section 3131m. 938.21 (3) (d) of the statutes is amended to read:

AB133-ASA1-CA1,742,9 938.21 (3) (d) Prior to the commencement of the hearing, the parent, guardian or legal custodian shall be informed by the court of the allegations that have been made or may be made, the nature and possible consequences of this hearing as compared to possible future hearings, the right to counsel under s. 938.23 regardless of ability to pay, the right to confront and cross-examine witnesses and the right to present witnesses.

AB133-ASA1-CA1, s. 3142g Section 3142g. 938.23 (2) of the statutes is created to read:

AB133-ASA1-CA1,742,13 938.23 (2) (a) Whenever a juvenile is alleged to be in need of protection or services under s. 938.13, any parent under 18 years of age who appears before the court shall be represented by counsel; but no such parent may waive counsel.

AB133-ASA1-CA1,742,22 (b) If a petition under s. 938.13 is contested, no juvenile may be placed outside his or her home unless the nonpetitioning parent is represented by counsel at the fact-finding hearing and subsequent proceedings. If the petition is not contested, the juvenile may not be placed outside his or her home unless the nonpetitioning parent is represented by counsel at the hearing at which the placement is made. A parent who is required under this paragraph to be represented by counsel may, however, waive counsel if the court is satisfied that such waiver is knowingly and voluntarily made, and the court may place the juvenile outside the home even though the parent was not represented by counsel.

AB133-ASA1-CA1, s. 3142m Section 3142m. 938.23 (3) of the statutes is amended to read:

AB133-ASA1-CA1,743,3 938.23 (3) Power of the court to appoint counsel. Except in proceedings under s. 938.13, at At any time, upon request or on its own motion, the court may appoint counsel for the juvenile or any party, unless the juvenile or the party has or wishes to retain counsel of his or her own choosing. The court may not appoint counsel for any party other than the juvenile in a proceeding under s. 938.13.

AB133-ASA1-CA1, s. 3142p Section 3142p. 938.23 (4) of the statutes is amended to read:

AB133-ASA1-CA1,743,20 938.23 (4) Providing counsel. In any situation under this section in which a person juvenile has a right to be represented by counsel or is provided counsel at the discretion of the court and counsel is not knowingly and voluntarily waived, the court shall refer the person juvenile to the state public defender and counsel shall be appointed by the state public defender under s. 977.08 without a determination of indigency. In any situation under sub. (2) in which a parent 18 years of age or over is entitled to representation by counsel; counsel is not knowingly and voluntarily waived; and it appears that the parent is unable to afford counsel in full, or the parent so indicates; the court shall refer the parent to the authority for indigency determinations specified in s. 977.01 (1). In any other situation under this section in which a person has a right to be represented by counsel or is provided counsel at the discretion of the court, competent and independent counsel shall be provided and reimbursed in any manner suitable to the court regardless of the person's ability to pay, except that the court may not order a person who files a petition under s. 813.122 or 813.125 to reimburse counsel for the juvenile who is named as the respondent in that petition.".

AB133-ASA1-CA1,743,21 1517. Page 1431, line 22: after that line insert:

AB133-ASA1-CA1,743,22 " Section 3130p. 938.207 (1) (a) of the statutes is amended to read:

AB133-ASA1-CA1,744,6 938.207 (1) (a) The home of a parent or guardian, except that a juvenile may not be held in the home of a parent or guardian if the parent or guardian has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the juvenile, and the conviction has not been reversed, set aside or vacated, unless the person making the custody decision determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The person making the custody decision shall consider the wishes of the juvenile in making that determination.

AB133-ASA1-CA1, s. 3130r Section 3130r. 938.207 (1) (b) of the statutes is amended to read:

AB133-ASA1-CA1,744,15 938.207 (1) (b) The home of a relative, except that a juvenile may not be held in the home of a relative if the relative has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the juvenile, and the conviction has not been reversed, set aside or vacated, unless the person making the custody decision determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The person making the custody decision shall consider the wishes of the juvenile in making that determination.".

AB133-ASA1-CA1,744,16 1518. Page 1431, line 22: after that line insert:

AB133-ASA1-CA1,744,17 " Section 3129b. 938.17 (2) (d) of the statutes is amended to read:

AB133-ASA1-CA1,745,9 938.17 (2) (d) If a municipal court finds that the juvenile 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), 961.573 (2), 961.574 (2) or 961.575 (2), the court shall enter any of the dispositional orders permitted under s. 938.343 that are authorized under par. (cm). If a juvenile fails to pay the forfeiture imposed by the municipal court, the court may not impose a jail sentence but may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or, unless the forfeiture was imposed for violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. 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.".

AB133-ASA1-CA1,745,10 1519. Page 1431, line 22: after that line insert:

AB133-ASA1-CA1,745,11 " Section 3117d. 938.02 (15g) of the statutes is amended to read:

AB133-ASA1-CA1,745,14 938.02 (15g) "Secured child caring institution" means a child caring institution operated by a child welfare agency that is licensed under s. 48.66 (1) (b) to hold in secure custody persons adjudged delinquent.

AB133-ASA1-CA1, s. 3118d Section 3118d. 938.02 (15m) of the statutes is amended to read:

AB133-ASA1-CA1,745,22 938.02 (15m) "Secured correctional facility" means a correctional institution operated or contracted for by the department of corrections or operated by the department of health and family services for holding in secure custody persons adjudged delinquent. "Secured correctional facility" includes the Mendota juvenile treatment center under s. 46.057, the facility at which the juvenile boot camp program under s. 938.532 is operated, and a facility authorized under s. 938.533 (3) (b), 938.538 (4) (b) or 938.539 (5).

AB133-ASA1-CA1, s. 3119d Section 3119d. 938.02 (15p) of the statutes is created to read:

AB133-ASA1-CA1,746,3 938.02 (15p) "Secured group home" means a group home that is licensed under s. 48.66 (1) (b) to hold in secure custody persons who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4m).

AB133-ASA1-CA1, s. 3120d Section 3120d. 938.02 (17) of the statutes is amended to read:

AB133-ASA1-CA1,746,7 938.02 (17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for juveniles, including a holdover room, licensed by the department of health and family services under s. 48.66 (1) (a).

AB133-ASA1-CA1, s. 3123d Section 3123d. 938.069 (1) (dj) of the statutes is amended to read:

AB133-ASA1-CA1,746,11 938.069 (1) (dj) Provide aftercare services for a juvenile who has been released from a secured correctional facility or, a secured child caring institution or a secured group home.