AB100: Bill Text

AB100, s. 2426 Section 2426. 565.05 (3) of the statutes is created to read:

AB100,1040,20 565.05 (3) No employee in the lottery division may discuss with a vendor who is attempting to obtain a major procurement contract under s. 565.25 any matter relating to the future employment of the employee with the vendor unless the discussion relates to employment under s. 565.25 (3) (cm) and the administrator provides prior written consent.

AB100, s. 2427 Section 2427. 565.10 (3) (b) of the statutes is amended to read:

AB100,1041,5 565.10 (3) (b) No lottery retailer contract may be entered into with a person who has been finally adjudged to be delinquent in the payment of taxes under ch. 71, 72, 76, 77, 78, or 139 or, who has been found delinquent in the payment of contributions to the unemployment reserve fund under s. 108.16 in a proceeding under s. 108.10, or who owes a payment to the uninsured employers fund under s. 102.82 or 102.85 (4) or to the work injury supplemental benefit fund under s. 102.49 (5) (a), 102.59 (2), or 102.60 (5) (b) if the person remains delinquent in the payment of liable for those taxes or, contributions, or payments at the time the person seeks to enter into the lottery retailer contract.

AB100, s. 2428 Section 2428. 565.25 (3) (cm) of the statutes is created to read:

AB100,1041,12 565.25 (3) (cm) If a contract for a major procurement is for services that were performed by employees in the lottery division before the effective date of this paragraph .... [revisor inserts date], the contract may not be entered into unless the contract requires the vendor to offer employment to those employees in the lottery division who performed those services and whose positions were terminated on or after the effective date of this paragraph .... [revisor inserts date].

AB100, s. 2429 Section 2429. 565.48 of the statutes is created to read:

AB100,1041,17 565.48 Collection of unpaid liabilities. Any unpaid amount owed by a retailer to the department under this chapter shall be assessed, collected, and reviewed in the same manner as income taxes are assessed, collected, and reviewed under ch. 71.

AB100, s. 2430 Section 2430. 655.27 (2) of the statutes is amended to read:

AB100,1042,5 655.27 (2) Fund administration and operation. Management of the fund shall be vested with the board of governors. The commissioner shall either provide staff services necessary for the operation of the fund or, with the approval of the board of governors, contract for all or part of these services. Such a contract is subject to s. ss. 16.765 and 16.771, but is otherwise exempt from subch. IV of ch. 16. The commissioner shall adopt rules governing the procedures for creating and implementing these contracts before entering into the contracts. At least annually, the contractor shall report to the commissioner and to the board of governors regarding all expenses incurred and subcontracting arrangements. If the board of governors approves, the contractor may hire legal counsel as needed to provide staff services. The cost of contracting for staff services shall be funded from the appropriation under s. 20.145 (2) (u).

AB100, s. 2431 Section 2431. 655.27 (6) of the statutes is amended to read:

AB100,1042,17 655.27 (6) Purpose and integrity of fund. The fund is established to ensure the availability of health care providers in this state, to curb the rising costs of health care by financing part of the liability incurred by health care providers as a result of medical malpractice claims and, to ensure that proper claims are satisfied, and to enable the deployment of health care information systems technology for health care quality, safety, and efficiency, as specified in s. 153.076 (2). The fund, including any net worth of the fund, is held in irrevocable trust for the sole benefit of health care providers participating in the fund and proper claimants and for the deployment of health care information systems technology for health care quality, safety, and efficiency by the health care quality and patient safety board. Moneys in the fund may not be used for any other purpose of the state.

AB100, s. 2432 Section 2432. 704.90 (9) of the statutes is amended to read:

AB100,1042,21 704.90 (9) Rules. The department of agriculture, trade and consumer protection justice may promulgate rules necessary to carry out the purposes of this section.

AB100, s. 2433 Section 2433. 704.90 (11) (title) of the statutes is amended to read:

AB100,1042,24 704.90 (11) (title) Duties of the department of agriculture, trade and consumer protection justice.

AB100, s. 2434 Section 2434. 704.90 (11) (a) of the statutes is amended to read:

AB100,1043,5 704.90 (11) (a) Except as provided in par. (c), the department of agriculture, trade and consumer protection justice shall investigate alleged violations of this section and rules promulgated under sub. (9). To facilitate its investigations, the department may subpoena persons and records and may enforce compliance with the subpoenas as provided in s. 885.12.

AB100, s. 2435 Section 2435. 707.49 (4) of the statutes is amended to read:

AB100,1043,15 707.49 (4) Surety bond and other options. Instead of placing deposits in an escrow account, a developer may obtain a surety bond issued by a company authorized to do business in this state, an irrevocable letter of credit, or a similar arrangement, in an amount which at all times is not less than the amount of the deposits otherwise subject to the escrow requirements of this section. The bond, letter of credit, or similar arrangement shall be filed with the department of agriculture, trade and consumer protection justice and made payable to the department of agriculture, trade and consumer protection justice for the benefit of aggrieved parties.

AB100, s. 2436 Section 2436. 707.57 (2) of the statutes is amended to read:

AB100,1043,25 707.57 (2) Department of agriculture, trade and consumer protection justice authority. (a) The department of agriculture, trade and consumer protection justice, or any district attorney upon informing the department of agriculture, trade and consumer protection justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this chapter. Before entry of final judgment, the court may make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of these acts or practices is submitted to the satisfaction of the court.

AB100,1044,3 (b) The department of agriculture, trade and consumer protection justice may conduct hearings, administer oaths, issue subpoenas, and take testimony to aid in its investigation of violations of this chapter.

AB100, s. 2437 Section 2437. 707.57 (3) of the statutes is amended to read:

AB100,1044,9 707.57 (3) Penalty. Any person who violates this chapter shall be required to forfeit not more than $5,000 for each offense. Forfeitures under this subsection shall be enforced by action on behalf of the state by the department of agriculture, trade and consumer protection justice or by the district attorney of the county where the violation occurs.

AB100, s. 2438 Section 2438. 757.05 (1) (title) of the statutes is amended to read:

AB100,1044,11 757.05 (1) (title) Levy of penalty assessment surcharge.

AB100, s. 2439 Section 2439. 757.05 (1) (a) of the statutes is amended to read:

AB100,1044,24 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty surcharge under ch. 814 in an amount of 24% 25% of the fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced in proportion to the suspension.

AB100, s. 2440 Section 2440. 757.05 (2) (a) of the statutes is amended to read:

AB100,1045,6 757.05 (2) (a) Law enforcement training fund. Forty-eight Forty-nine and one-half percent of all moneys collected from penalty surcharges under sub. (1) shall be credited to the appropriation account under s. 20.455 (2) (i) and utilized in accordance with ss. 20.455 (2) and 165.85 (5). The moneys credited to the appropriation account under s. 20.455 (2) (i), except for the moneys transferred to s. 20.455 (2) (jb), constitute the law enforcement training fund.

AB100, s. 2441 Section 2441. 767.078 (1) (a) 2. of the statutes is amended to read:

AB100,1045,9 767.078 (1) (a) 2. The child's right to support is assigned to the state under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., or 49.19 (4) (h) 1. b.

AB100, s. 2442 Section 2442. 767.29 (1m) (c) of the statutes is amended to read:

AB100,1045,15 767.29 (1m) (c) The party entitled to the support or maintenance money or a minor child of the party has applied for or is receiving aid to families with dependent children aid under s. 46.261 or public assistance under ch. 49 and there is an assignment to the state under s. 46.261 (3) or 49.19 (4) (h) 1. b. of the party's right to the support or maintenance money.

AB100, s. 2443 Section 2443. 767.29 (2) of the statutes is amended to read:

AB100,1046,12 767.29 (2) If any party entitled to maintenance payments or support money, or both, is receiving public assistance under ch. 49, the party may assign the party's right thereto to the county department under s. 46.215, 46.22, or 46.23 granting such assistance. Such assignment shall be approved by order of the court granting the maintenance payments or support money, and may be terminated in like manner; except that it shall not be terminated in cases where there is any delinquency in the amount of maintenance payments and support money previously ordered or adjudged to be paid to the assignee without the written consent of the assignee or upon notice to the assignee and hearing. When an assignment of maintenance payments or support money, or both, has been approved by the order, the assignee shall be deemed a real party in interest within s. 803.01 but solely for the purpose of securing payment of unpaid maintenance payments or support money adjudged or ordered to be paid, by participating in proceedings to secure the payment thereof. Notwithstanding assignment under this subsection, and without further order of the court, the department or its designee, upon receiving notice that a party or a minor child of the parties is receiving aid under s. 46.261 or public assistance under ch. 49 or that a kinship care relative or long-term kinship care relative of the minor child is receiving kinship care payments or long-term kinship care payments for the minor child, shall forward all support assigned under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1., or 49.45 (19) to the assignee under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1., or 49.45 (19).

AB100, s. 2444 Section 2444. 767.29 (4) of the statutes is amended to read:

AB100,1046,21 767.29 (4) If an order or judgment providing for the support of one or more children not receiving aid under s. 46.261, 48.57 (3m) or (3n), or 49.19 includes support for a minor who is the beneficiary of aid under s. 46.261, 48.57 (3m) or (3n), or 49.19, any support payment made under the order or judgment is assigned to the state under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., or 49.19 (4) (h) 1. b. in the amount that is the proportionate share of the minor receiving aid under s. 46.261, 48.57 (3m) or (3n), or 49.19, except as otherwise ordered by the court on the motion of a party.

AB100, s. 2445 Section 2445. 779.41 (1m) of the statutes is amended to read:

AB100,1047,2 779.41 (1m) Annually, on January 1, the department of agriculture, trade and consumer protection justice shall adjust the dollar amounts identified under sub. (1) (intro.), (a), (b), and (c) 1. to 4. by the annual change in the consumer price index, as determined under s. 16.004 (8) (e) 1., and publish the adjusted figures.

AB100, s. 2446 Section 2446. 779.93 (title) of the statutes is amended to read:

AB100,1047,5 779.93 (title) Duties of the department of agriculture, trade and consumer protection justice.

AB100, s. 2447 Section 2447. 779.93 (1) of the statutes is amended to read:

AB100,1047,11 779.93 (1) The department of agriculture, trade and consumer protection justice shall investigate violations of this subchapter and attempts to circumvent this subchapter. The department of agriculture, trade and consumer protection justice may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12.

AB100, s. 2448 Section 2448. 779.93 (2) (intro.) of the statutes is amended to read:

AB100,1047,15 779.93 (2) (intro.) The department of agriculture, trade and consumer protection justice may in, on behalf of the state or in on behalf of any person who holds a prepaid maintenance lien:

AB100, s. 2449 Section 2449. 814.75 (5m) of the statutes is created to read:

AB100,1047,18 814.75 (5m) The child abuse prevention and child mental health surcharge under s. 973.044.

AB100, s. 2450 Section 2450. 814.76 (4m) of the statutes is created to read:

AB100,1047,21 814.76 (4m) The child abuse prevention and child mental health surcharge under s. 973.044.

AB100, s. 2451 Section 2451. 814.86 (1) of the statutes is amended to read:

AB100,1048,6 814.86 (1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $9 $12 justice information system surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in sub. (1m).

AB100, s. 2452 Section 2452. 885.38 (3) (a) (intro.) of the statutes is amended to read:

AB100,1048,13 885.38 (3) (a) (intro.) In criminal proceedings and in proceedings under ch. 48, 51, 55, or 938, if If the court determines that the person has limited English proficiency and that an interpreter is necessary, the court shall advise the person that he or she has the right to a qualified interpreter and that, if the person cannot afford one, an interpreter will be provided at the public's expense if the person is one of the following:

AB100, s. 2453 Section 2453. 885.38 (8) (a) (intro.) of the statutes is amended to read:

AB100,1048,17 885.38 (8) (a) (intro.) Except as provided in par. (b), the necessary expenses of providing qualified interpreters to indigent persons with limited English proficiency under this section shall be paid as follows:

AB100, s. 2454 Section 2454. 891.455 (4) of the statutes is amended to read:

AB100,1048,22 891.455 (4) The presumption under sub. (2) for cancers caused by smoking or tobacco product use shall not apply to any municipal fire fighter who smokes cigarettes, as defined in s. 139.30 (1) (1m), or who uses a tobacco product, as defined in s. 139.75 (12), after January 1, 2001.

AB100, s. 2455 Section 2455. 909.02 (4) of the statutes is amended to read:

AB100,1049,6 909.02 (4) Certified copies of public records. A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with sub. (1), (2) or (3) or complying with any statute or rule adopted by the supreme court, or, with respect to records maintained under s. 343.23, certified electronically in any manner determined by the department of transportation to conform with the requirements of s. 909.01.

AB100, s. 2456 Section 2456. 938.09 (2) of the statutes is amended to read:

AB100,1049,14 938.09 (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.

AB100, s. 2457 Section 2457. 938.09 (5) of the statutes is amended to read:

AB100,1049,21 938.09 (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.

AB100, s. 2458 Section 2458. 938.33 (4) (intro.) of the statutes is amended to read:

AB100,1050,4 938.33 (4) Other out-of-home placements. (intro.) A report recommending placement in a foster home, treatment foster home, group home, or nonsecured residential care center for children and youth or, in the home of a relative other than a parent, or in the home of a guardian under s. 48.977 (2) shall be in writing, except that the report may be presented orally at the dispositional hearing if all parties consent. A report that is presented orally shall be transcribed and made a part of the court record. The report shall include all of the following:

AB100, s. 2459 Section 2459. 938.345 (4) of the statutes is created to read:

AB100,1050,9 938.345 (4) If the court finds that a juvenile is in need of protection or services under s. 938.13 (4), the court, instead of or in addition to any other disposition imposed under sub. (1), may place the juvenile in the home of a guardian under s. 48.977 (2).

AB100, s. 2460 Section 2460. 938.57 (1) (c) of the statutes is amended to read:

AB100,1050,24 938.57 (1) (c) Provide appropriate protection and services for juveniles in its care, including providing services for juveniles and their families in their own homes, placing the juveniles in licensed foster homes, licensed treatment foster homes, or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody, placing the juveniles in the homes of guardians under s. 48.977 (2), or contracting for services for them by licensed child welfare agencies or replacing them in secured correctional facilities, secured child caring institutions, or secured group homes in accordance with rules promulgated under ch. 227, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board , as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.

AB100, s. 2461 Section 2461. 938.57 (3) (a) 4. of the statutes is amended to read:

AB100,1051,3 938.57 (3) (a) 4. Is living in a foster home, treatment foster home, group home, or, residential care center for children and youth, or subsidized guardianship home under s. 48.62 (5).

AB100, s. 2462 Section 2462. 938.78 (2) (h) of the statutes is created to read:

AB100,1051,22 938.78 (2) (h) Paragraph (a) does not prohibit an agency from entering the content of any record kept or information received about an individual in its care or legal custody into the statewide automated child welfare information system established under s. 46.03 (7) (g). Paragraph (a) also does not prohibit a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, the department of health and family services, the department of corrections, or any other organization that has entered into an information sharing and access agreement with one of those county departments or departments and that has been approved for access to the statewide automated child welfare information system by the department of health and family services from having access to information concerning a client of that county department, department, or organization under this chapter or ch. 48 or 51 that is maintained in the statewide automated child welfare information system, if necessary to enable the county department, department, or organization to perform its duties under this chapter or ch. 48 or 51 or to coordinate the delivery of services under this chapter or ch. 48 or 51 to the client. Before entering any information about an individual into the statewide automated child welfare information system, the agency entering the information shall notify the individual that the information entered may be disclosed as provided in this paragraph.

AB100, s. 2463 Section 2463. 939.621 of the statutes is renumbered 939.621 (2) and amended to read:

AB100,1052,9 939.621 (2) If a person commits an act of domestic abuse, as defined in s. 968.075 (1) (a) and the act constitutes the commission of a crime, the maximum term of imprisonment for that crime may be increased by not more than 2 years if the crime is committed during the 72 hours immediately following an arrest for a domestic abuse incident, as set forth in s. 968.075 (5). The 72-hour period applies whether or not there has been a waiver by the victim under s. 968.075 (5) (c). The victim of the domestic abuse crime does not have to be the same as the victim of the domestic abuse incident that resulted in the arrest. The penalty increase under this section changes the status of a misdemeanor to a felony.

AB100, s. 2464 Section 2464. 939.621 (1) of the statutes is created to read:

AB100,1052,12 939.621 (1) In this section, "domestic abuse" has the meaning given in s. 968.075 (1) (a).

AB100, s. 2465 Section 2465. 939.621 (3) of the statutes is created to read:

AB100,1052,16 939.621 (3) If a court places a person on probation for a misdemeanor and any of the following apply, the maximum original term of probation under s. 973.09 (2) is two years:

AB100,1052,17 (a) The person committed the misdemeanor while possessing a firearm.

AB100,1052,18 (b) The misdemeanor is an act of domestic abuse.

AB100,1052,19 (c) The misdemeanor is a violation of s. 940.225 (3m) or ch. 948.

AB100, s. 2466 Section 2466. 944.21 (8) (b) 3. a. of the statutes is amended to read:

AB100,1052,23 944.21 (8) (b) 3. a. Is a technical college, is a school approved by the educational approval board under s. 45.54 38.50 or is a school described in s. 45.54 38.50 (1) (e) 6., 7. or 8.; and

AB100, s. 2467 Section 2467. 948.11 (4) (b) 3. a. of the statutes is amended to read:

AB100,1053,3 948.11 (4) (b) 3. a. Is a technical college, is a school approved by the educational approval board under s. 45.54 38.50 or is a school described in s. 45.54 38.50 (1) (e) 6., 7. or 8.; and

AB100, s. 2468 Section 2468. 973.044 of the statutes is created to read: