AB40-ASA1, s. 3497 9Section 3497. 891.453 (1) (d) of the statutes is amended to read:
AB40-ASA1,1376,1510 891.453 (1) (d) "Law enforcement officer" means any person employed by the
11state or by a county or a municipality for the purpose of detecting and preventing
12crime and enforcing laws or ordinances, who is authorized to make arrests for
13violations of the laws or ordinances which he or she is employed to enforce. "Law
14enforcement officer" includes a person under s. 60.553, 61.66, or 62.13 (2e) whose
15duties as a police officer took up at least two-thirds of his or her working hours.
AB40-ASA1, s. 3498 16Section 3498. 891.455 (1) of the statutes is amended to read:
AB40-ASA1,1376,2017 891.455 (1) In this section, "state, county, or municipal fire fighter" means a
18fire fighter who is covered under s. 891.45 and any person under s. 60.553, 61.66, or
1962.13 (2e)
whose duties as a fire fighter during the 10-year qualifying period
20specified in sub. (2) took up at least two-thirds of his or her working hours.
AB40-ASA1, s. 3500 21Section 3500. 893.82 (9) of the statutes is created to read:
AB40-ASA1,1377,422 893.82 (9) For purposes of this section, any employee of the state of Minnesota
23performing services for this state pursuant to a valid agreement between this state
24and the state of Minnesota providing for interchange of employees or services is
25considered to have the same status an as employee of this state performing the same

1services for this state, and any employee of this state who performs services for the
2state of Minnesota pursuant to such an agreement is considered to have the same
3status as when performing the same services for this state in any action brought
4under the laws of this state.
AB40-ASA1, s. 3501 5Section 3501. 893.925 (2) (a) of the statutes is amended to read:
AB40-ASA1,1377,136 893.925 (2) (a) An action to recover damages for mining-related injuries under
7s. 107.32 shall be brought within 3 years of the date on which the death or injury
8occurs unless the department of commerce safety and professional services gives
9written notice within the time specified in this subsection that a claim has been filed
10with it under sub. (1), in which case an action based on the claim may be brought
11against the person to whom the notice is given within one year after the final
12resolution, including any appeal, of the claim or within the time specified in this
13subsection, whichever is longer.
AB40-ASA1, s. 3502 14Section 3502. 895.07 (13) of the statutes is amended to read:
AB40-ASA1,1377,1715 895.07 (13) Brochure. The department of commerce safety and professional
16services
shall prepare a brochure explaining the process under this section and shall
17provide that brochure to contractors.
AB40-ASA1, s. 3503 18Section 3503. 895.441 (5) of the statutes is amended to read:
AB40-ASA1,1377,2419 895.441 (5) Silence agreements. Any provision in a contract or agreement
20relating to the settlement of any claim by a patient against a therapist that limits
21or eliminates the right of the patient to disclose sexual contact by the therapist to a
22subsequent therapist, the department of regulation and licensing safety and
23professional services
, the department of health services, the injured patients and
24families compensation fund peer review council, or a district attorney is void.
AB40-ASA1, s. 3503g 25Section 3503g. 895.453 of the statutes is created to read:
AB40-ASA1,1378,2
1895.453 Payments of chiropractic services from attorney contingency
2fees.
(1) In this section:
AB40-ASA1,1378,33 (a) "Chiropractor" means a person licensed under ch. 446.
AB40-ASA1,1378,64 (b) "Motor vehicle" means a vehicle, including a combination of 2 or more
5vehicles or an articulated vehicle, which is self-propelled, except a vehicle operated
6exclusively on a rail.
AB40-ASA1,1378,10 7(2) Notwithstanding s. 803.03, if all of the following conditions exist, fees for
8chiropractic services provided to an injured person shall be paid out of the amount
9of fees due to his or her attorney under the contingency fee arrangement made
10between the person and the attorney:
AB40-ASA1,1378,1111 (a) The person is injured as the result of a motor vehicle accident.
AB40-ASA1,1378,1312 (b) The services were provided by a chiropractor because of the injuries arising
13from the motor vehicle accident.
AB40-ASA1,1378,1514 (c) The person is represented by an attorney under a contingency fee
15arrangement.
AB40-ASA1,1378,1716 (d) The person receives an amount under a settlement agreement that is less
17than his or her damages.
AB40-ASA1,1378,2018 (e) Prior to the person's acceptance of the settlement agreement, the
19chiropractor has not been paid for his or her services and has provided written
20notification to the person's attorney of the services that were provided to the person.
AB40-ASA1,1379,2 21(3) Except as provided in sub. (4), if the conditions under sub. (2) are met, the
22distribution of the amount due under the contingency fee arrangement shall be
23allocated on a pro rata basis between the person's attorney and each chiropractor
24who provided services, based on the percentage obtained by comparing the

1outstanding fees owed to the attorney and each chiropractor to the aggregate
2outstanding attorney and chiropractic fees.
AB40-ASA1,1379,3 3(4) This section does not apply if any of the following exist:
AB40-ASA1,1379,54 (a) The chiropractor is eligible for payment for the services provided to the
5person under any health insurance contract or self-insured health plan.
AB40-ASA1,1379,86 (b) The chiropractor is eligible for payment for the services provided to the
7person under any governmental health plan or program, including Medicaid or
8Medicare.
AB40-ASA1, s. 3504 9Section 3504. 895.46 (10) of the statutes is created to read:
AB40-ASA1,1379,1510 895.46 (10) Any employee of the state of Minnesota who is named as a
11defendant and who is found liable as a result of performing services for this state
12under a valid agreement between this state and the state of Minnesota providing for
13interchange of employees or services shall be indemnified by this state to the same
14extent as an employee of this state performing the same services for this state
15pursuant to this section.
AB40-ASA1, s. 3508m 16Section 3508m. 895.527 (1m) of the statutes is created to read:
AB40-ASA1,1379,1817 895.527 (1m) For purposes of this section, a bird hunting preserve licensed
18under s. 169.19 shall be considered a sport shooting range.
AB40-ASA1, s. 3509 19Section 3509. 908.03 (6m) (c) 3. of the statutes is amended to read:
AB40-ASA1,1379,2320 908.03 (6m) (c) 3. If upon a properly authorized request of an attorney, the
21health care provider refuses, fails, or neglects to supply within 2 business days a
22legible certified duplicate of its records for the fees under s. 146.83 (1f) (c) or (d) or
23(1h) (b) or (c)
or (3f), whichever are is applicable.
AB40-ASA1, s. 3511 24Section 3511. 911.01 (4) (c) of the statutes is amended to read:
AB40-ASA1,1380,11
1911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or
2rendition; sentencing, granting, or revoking probation, modification of a bifurcated
3sentence under s. 302.1135 302.113 (9g), adjustment of a bifurcated sentence under
4s. 973.195 (1r), release to extended supervision under s. 302.113 (2) (b) or 304.06 (1)
5or discharge under s. 973.01 (4m)
or 973.198; issuance of subpoenas or warrants
6under s. 968.375, arrest warrants, criminal summonses, and search warrants;
7hearings under s. 980.09 (2); proceedings under s. 971.14 (1r) (c); or proceedings with
8respect to pretrial release under ch. 969 except where habeas corpus is utilized with
9respect to release on bail or as otherwise provided in ch. 969; and proceedings under
10s. 165.76 (6) to compel provision of a biological specimen for deoxyribonucleic acid
11analysis.
AB40-ASA1, s. 3512 12Section 3512. 938.02 (14m) of the statutes is repealed.
AB40-ASA1, s. 3515 13Section 3515. 938.245 (2) (a) 4. of the statutes is amended to read:
AB40-ASA1,1380,2114 938.245 (2) (a) 4. `Alcohol and other drug abuse treatment and education.' That
15the juvenile participate in an alcohol and other drug abuse outpatient treatment
16program, a court-approved pupil assistance program provided by the juvenile's
17school board,
or a court-approved alcohol or other drug abuse education program, if
18an alcohol and other drug abuse assessment under subd. 3. recommends outpatient
19treatment, intervention, or education. The juvenile's participation in a
20court-approved pupil assistance program is subject to the approval of the juvenile's
21school board.
AB40-ASA1, s. 3516 22Section 3516. 938.295 (1g) of the statutes is amended to read:
AB40-ASA1,1381,923 938.295 (1g) Report of results and recommendations. If the court orders an
24alcohol or other drug abuse assessment under sub. (1), the approved treatment
25facility shall, within 14 days after the order, report the results of the assessment to

1the court, except that, if requested by the facility and if the juvenile is not held in
2secure or nonsecure custody, the court may extend the period for assessment for not
3more than 20 additional working days. The report shall include a recommendation
4as to whether the juvenile is in need of treatment, intervention, or education relating
5to the use or abuse of alcohol beverages, controlled substances, or controlled
6substance analogs and, if so, shall recommend a service plan and appropriate
7treatment from an approved treatment facility, intervention from a court-approved
8pupil assistance program,
or education from a court-approved alcohol or other drug
9abuse education program.
AB40-ASA1, s. 3517 10Section 3517. 938.32 (1g) (b) of the statutes is amended to read:
AB40-ASA1,1381,1511 938.32 (1g) (b) That the juvenile participate in a court-approved pupil
12assistance program provided by the juvenile's school board or
a court-approved
13alcohol or other drug abuse education program. The juvenile's participation in a
14court-approved pupil assistance program is subject to the approval of the juvenile's
15school board.
AB40-ASA1, s. 3517g 16Section 3517g. 938.34 (3) (f) 1. of the statutes is amended to read:
AB40-ASA1,1381,2217 938.34 (3) (f) 1. The placement may be for any combination of single or
18consecutive days totalling not more than 30 180, including any placement under
19pars. (a), (b), (c), (d), or (e)
. The juvenile shall be given credit against the period of
20detention or nonsecure custody imposed under this paragraph for all time spent in
21secure detention in connection with the course of conduct for which the detention or
22nonsecure custody was imposed.
AB40-ASA1, s. 3517r 23Section 3517r. 938.34 (3) (f) 4. of the statutes is created to read:
AB40-ASA1,1382,224 938.34 (3) (f) 4. If a juvenile's placement under this paragraph exceeds 30 days,
25whether or not consecutive, the county department shall offer the juvenile alcohol

1or other drug abuse treatment and education services under par. (6r). The payment
2for those services shall be in accordance with s. 938.361.
AB40-ASA1, s. 3519 3Section 3519. 938.34 (14s) (b) 3. of the statutes is amended to read:
AB40-ASA1,1382,74 938.34 (14s) (b) 3. Participate in a court-approved pupil assistance program
5provided by the juvenile's school board or
an alcohol or other drug abuse education
6program. The juvenile's participation in a court-approved pupil assistance program
7under this subdivision is subject to the approval of the juvenile's school board.
AB40-ASA1, s. 3520 8Section 3520. 938.34 (14s) (d) of the statutes is amended to read:
AB40-ASA1,1382,179 938.34 (14s) (d) If the juvenile completes the alcohol or other drug abuse
10treatment program, court-approved pupil assistance program or court-approved
11alcohol or other drug abuse education program, the approved treatment facility,
12court-approved pupil assistance program
or court-approved alcohol or other drug
13abuse education program shall, with the written informed consent of the juvenile or,
14if the juvenile has not attained the age of 12, the written informed consent of the
15juvenile's parent, notify the agency primarily responsible for providing services to
16the juvenile that the juvenile has complied with the order and the court shall notify
17the juvenile of whether or not the original dispositional order will be reinstated.
AB40-ASA1, s. 3521 18Section 3521. 938.34 (14s) (e) of the statutes is amended to read:
AB40-ASA1,1383,219 938.34 (14s) (e) If an approved treatment facility , court-approved pupil
20assistance program
or court-approved alcohol or other drug abuse education
21program, with the written informed consent of the juvenile or, if the juvenile has not
22attained the age of 12, the written informed consent of the juvenile's parent, notifies
23the agency primarily responsible for providing services to the juvenile that a juvenile
24is not participating in, or has not satisfactorily completed, a recommended alcohol
25or other drug abuse treatment program, a court-approved pupil assistance program

1or a court-approved alcohol or other drug abuse education program, the court shall
2impose the original disposition under par. (a) or (am).
AB40-ASA1, s. 3522 3Section 3522. 938.343 (10) (c) of the statutes is amended to read:
AB40-ASA1,1383,84 938.343 (10) (c) Participate in a court-approved pupil assistance program
5provided by the juvenile's school board or in
a court-approved alcohol or other drug
6abuse education program. The juvenile's participation in a court-approved pupil
7assistance program under this paragraph is subject to the approval of the juvenile's
8school board.
AB40-ASA1, s. 3523 9Section 3523. 938.344 (2g) (a) 3. of the statutes is amended to read:
AB40-ASA1,1383,1410 938.344 (2g) (a) 3. Participate in a court-approved pupil assistance program
11provided by the juvenile's school board or in
a court-approved alcohol or other drug
12abuse education program. The juvenile's participation in a court-approved pupil
13assistance program under this subdivision is subject to the approval of the juvenile's
14school board.
AB40-ASA1, s. 3524 15Section 3524. 938.344 (2g) (c) of the statutes is amended to read:
AB40-ASA1,1383,2416 938.344 (2g) (c) If the juvenile completes the alcohol or other drug abuse
17treatment program, court-approved pupil assistance program or court-approved
18alcohol or other drug abuse education program, the approved treatment facility,
19court-approved pupil assistance program
or court-approved alcohol or other drug
20abuse education program shall, with the written informed consent of the juvenile or,
21if the juvenile has not attained the age of 12, the written informed consent of the
22juvenile's parent, notify the agency primarily responsible for providing services to
23the juvenile that the juvenile has complied with the order and the court shall notify
24the juvenile of whether or not the penalty will be reinstated.
AB40-ASA1, s. 3525 25Section 3525. 938.344 (2g) (d) of the statutes is amended to read:
AB40-ASA1,1384,10
1938.344 (2g) (d) If an approved treatment facility, court-approved pupil
2assistance program,
or court-approved alcohol or other drug abuse education
3program, with the written informed consent of the juvenile or, if the juvenile has not
4attained the age of 12, the written informed consent of the juvenile's parent, notifies
5the agency primarily responsible for providing services to the juvenile that a juvenile
6is not participating, or has not satisfactorily completed, a recommended alcohol or
7other drug abuse treatment program, a court-approved pupil assistance program,
8or a court-approved alcohol or other drug abuse education program, the court shall
9hold a hearing to determine whether to impose the penalties under sub. (2), (2b), (2d),
10or (2e).
AB40-ASA1, s. 3526g 11Section 3526g. 938.361 (1) (a) 3. of the statutes is amended to read:
AB40-ASA1,1384,1412 938.361 (1) (a) 3. Any alcohol or other drug abuse treatment or education
13ordered by a court under s. 938.32 (1g) or 938.34 (6) (a) or (am), (6r), or (14s) (b) 1.
14or 2.; or made available to a juvenile under 938.34 (3) (f) 4.
AB40-ASA1, s. 3526gh 15Section 3526gh. 938.361 (2) (a) 1. of the statutes is amended to read:
AB40-ASA1,1385,216 938.361 (2) (a) 1. If a juvenile's parent neglects, refuses or is unable to provide
17court-ordered alcohol and other drug abuse services for the juvenile through his or
18her health insurance or other 3rd-party payments, notwithstanding s. 938.36 (3) the
19court assigned to exercise jurisdiction under this chapter and ch. 48 or municipal
20court may order the parent to pay for the alcohol and drug abuse services. If the
21parent consents to provide alcohol and other drug abuse services for a juvenile
22through his or her health insurance or other 3rd-party payments but the health
23insurance provider or other 3rd-party payer refuses to provide the alcohol and other
24drug abuse services the court assigned to exercise jurisdiction under this chapter and
25ch. 48 or municipal court may order the health insurance provider or 3rd-party payer

1to pay for the alcohol and other drug abuse services in accordance with the terms of
2the parent's health insurance policy or other 3rd-party payment plan.
AB40-ASA1, s. 3526gk 3Section 3526gk. 938.363 (1) (b) of the statutes is amended to read:
AB40-ASA1,1385,174 938.363 (1) (b) If a hearing is held, at least 3 days before the hearing the court
5shall notify the juvenile, the juvenile's parent, guardian, and legal custodian, all
6parties bound by the dispositional order, the juvenile's foster parent or other physical
7custodian described in s. 48.62 (2), and the district attorney or corporation counsel
8in the county in which the dispositional order was entered. If the juvenile is an
9Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m),
10or (7), the court shall also notify the Indian juvenile's Indian custodian and, if that
11juvenile is placed outside the home of his or her parent or Indian custodian, the
12Indian juvenile's tribe. A copy of the request or proposal shall be attached to the
13notice. If all parties consent, the court may proceed immediately with the hearing.
14No revision may extend the effective period of the original order, or revise an original
15order under s. 938.34 (3) (f) or (6) (am) to impose more than a total of 30 days, or under
16s. 938.34 (3) (f) to impose more than a total of 180 days,
of detention, nonsecure
17custody, or inpatient treatment on a juvenile.
AB40-ASA1, s. 3526gm 18Section 3526gm. 938.38 (2) (f) of the statutes is amended to read:
AB40-ASA1,1385,2119 938.38 (2) (f) The juvenile's care would be paid for under s. 49.19 but for s. 49.19
20(20), except that this paragraph does not apply to a juvenile whose care is being paid
21for under s. 48.623 (1)
.
AB40-ASA1, s. 3526h 22Section 3526h. 938.38 (4) (j) of the statutes is created to read:
AB40-ASA1,1385,2523 938.38 (4) (j) If the juvenile is placed in the home of a relative or other person
24described in s. 48.623 (1) (b) 1. who will be receiving subsidized guardianship
25payments, a description of all of the following:
AB40-ASA1,1386,2
11. The steps the agency has taken to determine that it is not appropriate for
2the juvenile to be returned to his or her home or to be adopted.
AB40-ASA1,1386,53 2. If a decision has been made not to place the juvenile and his or her siblings,
4as defined in par. (br) 1., in a joint placement, the reasons for separating the juvenile
5and his or her siblings during the placement.
AB40-ASA1,1386,106 3. The reasons why a permanent placement with a fit and willing relative or
7other person described in s. 48.623 (1) (b) 1. through a subsidized guardianship
8arrangement is in the best interests of the juvenile. In the case of an Indian juvenile,
9the best interests of the Indian juvenile shall be determined in accordance with s.
10938.01 (3).
AB40-ASA1,1386,1311 4. The ways in which the juvenile and the relative or other person described
12in s. 48.623 (1) (b) 1. meet the eligibility requirements specified in s. 48.623 (1) for
13the receipt of subsidized guardianship payments.
AB40-ASA1,1386,1714 5. The efforts the agency has made to discuss adoption of the juvenile by the
15relative or other person described in s. 48.623 (1) (b) 1. as a more permanent
16alternative to guardianship and, if that relative or other person has chosen not to
17pursue adoption, documentation of the reasons for not pursuing adoption.
AB40-ASA1,1386,2018 6. The efforts the agency has made to discuss the subsidized guardianship
19arrangement with the juvenile's parents or, if those efforts were not made,
20documentation of the reasons for not making those efforts.
AB40-ASA1, s. 3526m 21Section 3526m. 938.49 (2) (b) of the statutes is amended to read:
AB40-ASA1,1386,2522 938.49 (2) (b) Notify the juvenile's last school district or, if the juvenile was last
23enrolled in a private school participating in the program under s. 118.60, in the
24program under s. 118.62, or in
the program under s. 119.23, the private school, in
25writing of its obligation under s. 118.125 (4).
AB40-ASA1, s. 3526q
1Section 3526q. 938.57 (3) (a) 4. of the statutes is amended to read:
AB40-ASA1,1387,32 938.57 (3) (a) 4. Is living in a foster home, group home, residential care center
3for children and youth, or subsidized guardianship home under s. 48.62 (5).
AB40-ASA1, s. 3527 4Section 3527. 938.78 (2) (g) of the statutes is amended to read:
AB40-ASA1,1387,185 938.78 (2) (g) Paragraph (a) does not prohibit an agency from disclosing
6information about an individual in its care or legal custody on the written request
7of the department of regulation and licensing safety and professional services or of
8any interested examining board or affiliated credentialing board in that department
9for use in any investigation or proceeding relating to any alleged misconduct by any
10person who is credentialed or who is seeking credentialing under ch. 448, 455 or 457.
11Unless authorized by an order of the court, the department of regulation and
12licensing
safety and professional services and any examining board or affiliated
13credentialing board in that department shall keep confidential any information
14obtained under this paragraph and may not disclose the name of or any other
15identifying information about the individual who is the subject of the information
16disclosed, except to the extent that redisclosure of that information is necessary for
17the conduct of the investigation or proceeding for which that information was
18obtained.
AB40-ASA1, s. 3528 19Section 3528. 940.20 (7) (a) 3. of the statutes is amended to read:
AB40-ASA1,1387,2320 940.20 (7) (a) 3. "Health care provider" means any person who is licensed,
21registered, permitted or certified by the department of health services or the
22department of regulation and licensing safety and professional services to provide
23health care services in this state.
AB40-ASA1, s. 3529 24Section 3529. 940.207 (title) of the statutes is amended to read:
AB40-ASA1,1388,2
1940.207 (title) Battery or threat to department of commerce safety and
2professional services
or department of workforce development employee.
AB40-ASA1, s. 3530 3Section 3530. 940.207 (2) (intro.) of the statutes is amended to read:
AB40-ASA1,1388,84 940.207 (2) (intro.) Whoever intentionally causes bodily harm or threatens to
5cause bodily harm to the person or family member of any department of commerce
6safety and professional services or department of workforce development official,
7employee or agent under all of the following circumstances is guilty of a Class H
8felony:
AB40-ASA1, s. 3531 9Section 3531. 940.207 (2) (a) of the statutes is amended to read:
AB40-ASA1,1388,1310 940.207 (2) (a) At the time of the act or threat, the actor knows or should have
11known that the victim is a department of commerce safety and professional services
12or department of workforce development official, employee or agent or a member of
13his or her family.
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