Amendment SA1-SSA1-AB133

AB133-SSA1-SA1,461,21 1095. Page 1426, line 20: after that line insert:

AB133-SSA1-SA1,461,22 " Section 3093m. 814.245 (2) (d) of the statutes is amended to read:

AB133-SSA1-SA1,461,24 814.245 (2) (d) "State agency" does not include the public intervenor or citizens utility board.".

AB133-SSA1-SA1,462,1 1096. Page 1431, line 11: after that line insert:

AB133-SSA1-SA1,462,2 " Section 3113m. 895.505 of the statutes is created to read:

AB133-SSA1-SA1,462,4 895.505 Disposal of records containing personal information. (1) Definitions. In this section:

AB133-SSA1-SA1,462,5 (a) "Credit card" has the meaning given in s. 421.301 (15).

AB133-SSA1-SA1,462,9 (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-SSA1-SA1,462,10 (c) "Investment company" has the meaning given in s. 180.0103 (11e).

AB133-SSA1-SA1,462,15 (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-SSA1-SA1,462,16 (e) "Personal information" means any of the following:

AB133-SSA1-SA1,462,18 1. Personally identifiable data about an individual's medical condition, if the data are not generally considered to be public knowledge.

AB133-SSA1-SA1,462,21 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-SSA1-SA1,462,23 3. Personally identifiable data provided by an individual to a financial institution upon opening an account or applying for a loan or credit.

AB133-SSA1-SA1,463,2 4. Personally identifiable data about an individual's insurance, if the insurance is related to a transaction with a financial institution.

AB133-SSA1-SA1,463,4 5. Personally identifiable data about an individual's federal, state or local tax filings.

AB133-SSA1-SA1,463,6 (f) "Personally identifiable" means capable of being associated with a particular individual through one or more identifiers or other information or circumstances.

AB133-SSA1-SA1,463,9 (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-SSA1-SA1,463,14 (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 prepares a person's federal, state or local tax filings or counsels a person regarding the person's federal, state or local tax filings.

AB133-SSA1-SA1,463,19 (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-SSA1-SA1,463,20 (a) Shreds the record before the disposal of the record.

AB133-SSA1-SA1,463,22 (b) Erases the personal information contained in the record before the disposal of the record.

AB133-SSA1-SA1,463,24 (c) Modifies the record to make the personal information unreadable before the disposal of the record.

AB133-SSA1-SA1,464,3 (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-SSA1-SA1,464,7 (3) Cause of action. A financial institution, medical business or tax preparation business is liable to a person whose personal information is improperly disposed of in violation of sub. (2) for the amount of damages resulting from the violation.".

AB133-SSA1-SA1,464,8 1097. Page 1431, line 11: after that line insert:

AB133-SSA1-SA1,464,9 " Section 3111g. 880.155 (2) of the statutes is amended to read:

AB133-SSA1-SA1,464,19 880.155 (2) If one or both parents of a minor child are deceased and the child is in the custody of the surviving parent or any other person, a grandparent or stepparent of the child may petition for visitation privileges with respect to the child, whether or not the person with custody is married. The grandparent or stepparent may file the petition in a guardianship or temporary guardianship proceeding under this chapter that affects the minor child or may file the petition to commence an independent action under this chapter. The Except as provided in sub. (3m), the court may grant reasonable visitation privileges to the grandparent or stepparent if the surviving parent or other person who has custody of the child has notice of the hearing and if the court determines that visitation is in the best interest of the child.

AB133-SSA1-SA1, s. 3111j Section 3111j. 880.155 (3m) of the statutes is created to read:

AB133-SSA1-SA1,465,2 880.155 (3m) (a) Except as provided in par. (b), the court may not grant visitation privileges to a grandparent or stepparent under this section if the grandparent or stepparent 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 child, and the conviction has not been reversed, set aside or vacated.

AB133-SSA1-SA1,465,5 (b) Paragraph (a) does not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making the determination.

AB133-SSA1-SA1, s. 3111m Section 3111m. 880.155 (4m) of the statutes is created to read:

AB133-SSA1-SA1,465,14 880.155 (4m) (a) If a grandparent or stepparent granted visitation privileges with respect to a child under this section is 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 child, and the conviction has not been reversed, set aside or vacated, the court shall modify the visitation order by denying visitation with the child upon petition, motion or order to show cause by a person having custody of the child, or upon the court's own motion, and upon notice to the grandparent or stepparent granted visitation privileges.

AB133-SSA1-SA1,465,17 (b) Paragraph (a) does not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making the determination.

AB133-SSA1-SA1, s. 3111p Section 3111p. 880.157 of the statutes is created to read:

AB133-SSA1-SA1,465,25 880.157 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-SSA1-SA1,466,4 (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-SSA1-SA1,466,5 1098. Page 1431, line 11: after that line insert:

AB133-SSA1-SA1,466,6 " Section 3111q. 908.03 (6m) (d) of the statutes is amended to read:

AB133-SSA1-SA1,466,14 908.03 (6m) (d) Fees. The department of health and family services shall, by rule, prescribe uniform fees that are based on an approximation of the actual costs that are incurred by a health care provider in providing certified duplicate patient health care records. The fees are the maximum amount that a health care provider may charge under par. (c) 3. for certified duplicate patient health care records. The rule shall also allow specify that the health care provider to may charge fees for actual postage or other actual delivery costs. The commencement of an action is not a prerequisite for the application of this paragraph.".

AB133-SSA1-SA1,466,15 1099. Page 1431, line 22: after that line insert:

AB133-SSA1-SA1,466,16 " Section 3120m. 938.09 (2) of the statutes is amended to read:

AB133-SSA1-SA1,466,23 938.09 (2) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter concerning a civil law violation arising under s. 938.125. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration justice of that change by January 1 of that odd-numbered year.

AB133-SSA1-SA1, s. 3120n Section 3120n. 938.09 (5) of the statutes is amended to read:

AB133-SSA1-SA1,467,6 938.09 (5) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter arising under s. 938.13. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration justice of that change by January 1 of that odd-numbered year.".

AB133-SSA1-SA1,467,7 1100. Page 1431, line 22: after that line insert:

AB133-SSA1-SA1,467,8 " Section 3130m. 938.20 (8) of the statutes is amended to read:

AB133-SSA1-SA1,468,3 938.20 (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-SSA1-SA1, s. 3131m Section 3131m. 938.21 (3) (d) of the statutes is amended to read:

AB133-SSA1-SA1,468,10 938.21 (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-SSA1-SA1, s. 3142g Section 3142g. 938.23 (2) of the statutes is created to read:

AB133-SSA1-SA1,468,14 938.23 (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-SSA1-SA1,468,23 (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-SSA1-SA1, s. 3142m Section 3142m. 938.23 (3) of the statutes is amended to read:

AB133-SSA1-SA1,469,5 938.23 (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-SSA1-SA1, s. 3142p Section 3142p. 938.23 (4) of the statutes is amended to read:

AB133-SSA1-SA1,469,22 938.23 (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 older 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. 977.07 (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-SSA1-SA1,469,23 1101. Page 1431, line 22: after that line insert:

AB133-SSA1-SA1,469,24 " Section 3130p. 938.207 (1) (a) of the statutes is amended to read:

AB133-SSA1-SA1,470,8 938.207 (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-SSA1-SA1, s. 3130r Section 3130r. 938.207 (1) (b) of the statutes is amended to read:

AB133-SSA1-SA1,470,17 938.207 (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-SSA1-SA1,470,18 1102. Page 1431, line 22: after that line insert:

AB133-SSA1-SA1,470,19 " Section 3129b. 938.17 (2) (d) of the statutes is amended to read:

AB133-SSA1-SA1,471,11 938.17 (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-SSA1-SA1,471,12 1103. Page 1432, line 21: after that line insert:

AB133-SSA1-SA1,471,13 " Section 3143r. 938.243 (1) (e) of the statutes is amended to read:

AB133-SSA1-SA1,471,14 938.243 (1) (e) The right of the juvenile to counsel under s. 938.23.".

AB133-SSA1-SA1,471,15 1104. Page 1434, line 2: after that line insert:

AB133-SSA1-SA1,471,16 " Section 3148m. 938.27 (4) (b) of the statutes is amended to read:

AB133-SSA1-SA1,471,18 938.27 (4) (b) Advise the juvenile and any other party, if applicable, of his or her right to legal counsel regardless of ability to pay.".

AB133-SSA1-SA1,471,19 1105. Page 1435, line 2: after that line insert:

AB133-SSA1-SA1,471,20 " Section 3153p. 938.34 (3) (a) of the statutes is amended to read:

AB133-SSA1-SA1,472,4 938.34 (3) (a) The home of a parent or other relative of the juvenile, except that the court may not designate the home of a parent or other relative of the juvenile as the juvenile's placement if the parent or other 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 court determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The court shall consider the wishes of the juvenile in making that determination.

AB133-SSA1-SA1, s. 3153r Section 3153r. 938.34 (3) (b) of the statutes is amended to read:

AB133-SSA1-SA1,472,14 938.34 (3) (b) A home which need not be The home of a person who is not required to be licensed if placement is for less than 30 days, except that the court may not designate the name of a person who is not required to be licensed as the juvenile's placement if the person 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 court determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The court shall consider the wishes of the juvenile in making that determination.".

AB133-SSA1-SA1,472,15 1106. Page 1435, line 4: delete lines 4 to 8.

AB133-SSA1-SA1,472,16 1107. Page 1435, line 8: after that line insert:

AB133-SSA1-SA1,472,18 " Section 3163k. 938.355 (3) of the statutes is renumbered 938.355 (3) (a) and amended to read:

AB133-SSA1-SA1,472,21 938.355 (3) (a) If Except as provided in par. (b), if, after a hearing on the issue with due notice to the parent or guardian, the court finds that it would be in the best interest of the juvenile, the court may set reasonable rules of parental visitation.

AB133-SSA1-SA1, s. 3163m Section 3163m. 938.355 (3) (b) of the statutes is created to read:

AB133-SSA1-SA1,473,3 938.355 (3) (b) 1. Except as provided in subd. 2., the court may not grant visitation under par. (a) to a parent of a juvenile 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 juvenile's other parent, and the conviction has not been reversed, set aside or vacated.

AB133-SSA1-SA1,473,12 1m. Except as provided in subd. 2., if a parent who is granted visitation rights with a juvenile under par. (a) is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the juvenile's other parent, and the conviction has not been reversed, set aside or vacated, the court shall issue an order prohibiting the parent from having visitation with the juvenile on petition of the juvenile, the guardian or legal custodian of the juvenile, a person or agency bound by the dispositional order or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the parent.

AB133-SSA1-SA1,473,15 2. Subdivisions 1. and 1m. do not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the juvenile. The court shall consider the wishes of the juvenile in making that determination.

AB133-SSA1-SA1, s. 3165k Section 3165k. 938.357 (4d) of the statutes is created to read:

AB133-SSA1-SA1,473,21 938.357 (4d) (a) Except as provided in par. (b), the court may not change a juvenile's placement to a placement in the home of a person who 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, if the conviction has not been reversed, set aside or vacated.

AB133-SSA1-SA1,474,5 (am) Except as provided in par (b), if a parent in whose home a juvenile is placed is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the juvenile's other parent, and the conviction has not been reversed, set aside or vacated, the court shall change the juvenile's placement to a placement out of the home of the parent on petition of the juvenile, the guardian or legal custodian of the juvenile, a person or agency bound by the dispositional order or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the parent.

AB133-SSA1-SA1,474,8 (b) Paragraphs (a) and (am) do not apply if the court determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The court shall consider the wishes of the juvenile in making that determination.".

AB133-SSA1-SA1,474,9 1108. Page 1435, line 8: after that line insert: