2013 Wisconsin Act 20

49.849 (6) (a) From the appropriation under s. 20.435 (4) (im), with respect to funds collected by the department under sub. (1) (2) related to medical assistance paid on behalf of the decedent or the decedent's spouse, the department of health services shall pay claims under sub. (3) (5), shall pay to the federal government from the amount recovered under this section and not paid out as claims under sub. (3) (5) an amount equal to the amount of federal funds used to pay the benefits recovered under this section and shall spend the remainder of the amount recovered under this section for medical assistance benefits under subch. IV of ch. 49.

20,2316 Section 2316. 867.035 (4m) of the statutes is renumbered 49.849 (6) (b) and amended to read:

49.849 (6) (b) From the appropriation under s. 20.435 (7) (im), with respect to funds collected by the department under sub. (1) (2) related to long-term community support services funded under s. 46.27 (7) paid on behalf of the decedent or the decedent's spouse, the department of health services shall pay claims under sub. (3) (5) and shall spend the remainder of the funds recovered under this section for long-term community support services funded under s. 46.27 (7).

20,2317 Section 2317. 867.035 (5) of the statutes is renumbered 49.849 (7) and amended to read:

49.849 (7) Rules for hardship waiver. The department of health services shall promulgate rules establishing standards to determine whether the application of this section would work an undue hardship in individual cases. If the department of health services determines that the application of this section would work an undue hardship in a particular case, the department shall waive the application of this section in that case. This subsection does not apply with respect to collecting from the property of a decedent if the decedent is a deceased nonrecipient surviving spouse.

20,2317p Section 2317p. 889.01 of the statutes is amended to read:

889.01 Publication by state as evidence of laws. Books, pamphlets and other documents purporting to be printed by the state as copies of its statutes, legislative acts and resolutions, senate and assembly journals or orders, rules, regulations or decisions of any of its boards, departments, commissions or agencies, are prima facie evidence that they are such publications as they purport to be, and are correct copies of such statutes, acts, resolutions, journals, orders, rules, regulations and decisions, respectively; and such printed journals of said houses, respectively, are prima facie evidence of their proceedings. Electronic documents purporting to be published by the legislative reference bureau under ss. 35.095 (3) (a), 35.18 (1) (b), and 35.93 as copies of Wisconsin's statutes, legislative acts, or administrative rules are prima facie evidence that they are such publications as they purport to be and are correct copies of such statutes, legislative acts, and administrative rules.

20,2318 Section 2318. 893.33 (4r) of the statutes is created to read:

893.33 (4r) This section applies to liens of the department of health services on real property under ss. 46.27 (7g), 49.496, 49.682, 49.848, and 49.849.

20,2318e Section 2318e. 895.046 (1) of the statutes is renumbered 895.046 (1r).

20,2318f Section 2318f. 895.046 (1g) of the statutes is created to read:

895.046 (1g) Legislative findings and intent. The legislature finds that it is in the public interest to clarify product liability law, generally, and the application of the risk contribution theory of liability first announced by the Wisconsin Supreme Court in Collins v. Eli Lilly Company, 116 Wis. 2d 166 (1984), specifically, in order to return tort law to its historical, common law roots. This return both protects the rights of citizens to pursue legitimate and timely claims of injury resulting from defective products, and assures that businesses may conduct activities in this state without fear of being sued for indefinite claims of harm from products which businesses may never have manufactured, distributed, sold, or promoted, or which were made and sold decades ago. The legislature finds that the application of risk contribution to former white lead carbonate manufacturers in Thomas v. Mallet, 285 Wis. 2d 236 (2005), was an improperly expansive application of the risk contribution theory of liability announced in Collins, and that application raised substantial questions of deprivation of due process, equal protection, and right to jury trial under the federal and Wisconsin constitutions. The legislature finds that this section protects the right to a remedy found in article I, section 9, of the Wisconsin Constitution, by preserving the narrow and limited application of the risk contribution theory of liability announced in Collins.

20,2318g Section 2318g. 895.046 (2) of the statutes is amended to read:

895.046 (2) Applicability. This section applies to all actions in law or equity, whenever filed or accrued, in which a claimant alleges that the manufacturer, distributor, seller, or promoter of a product is liable for an injury or harm to a person or property, including actions based on allegations that the design, manufacture, distribution, sale, or promotion of, or instructions or warnings about, a product caused or contributed to a personal injury or harm to a person or property, a private nuisance, or a public nuisance, and to all related or independent claims, including unjust enrichment, restitution, or indemnification.

20,2318h Section 2318h. 895.514 of the statutes is created to read:

895.514 Civil liability exemption; Health Insurance Risk-Sharing Plan and Authority. (1) In this section:

(a) "Authority" means the Health Insurance Risk-Sharing Plan Authority established under subch. III of ch. 149, 2011 stats.

(b) "Board" means the board of directors of the authority.

(c) "Commissioner" means the commissioner of insurance of this state.

(d) "Plan" means the health care insurance plan established under subch. II of ch. 149, 2011 stats.

(2) No cause of action of any nature may arise against, and no liability may be imposed upon, the authority, plan, or board; or any agent, employee, or director of any of them; or insurers participating in the plan; or the commissioner; or any agent, employee, or representative of the commissioner, for any act or omission by any of them in the performance of their powers and duties under ch. 149, 2011 stats., or under 2013 Wisconsin Act .... (this act), section 9122 (1L), unless the person asserting liability proves that the act or omission constitutes willful misconduct.

(3) (a) Except as provided in 2013 Wisconsin Act .... (this act), section 9122 (1L), neither the state nor any political subdivision of the state nor any officer, employee, or agent of the state or a political subdivision acting within the scope of employment or agency is liable for any debt, obligation, act, or omission of the authority.

(b) All of the expenses incurred by the authority, or the commissioner, or any agent, employee, or representative of the commissioner, in exercising its duties and powers under ch. 149, 2011 stats., or under 2013 Wisconsin Act .... (this act), section 9122 (1L), shall be payable only from funds of the authority or from the appropriation under s. 20.145 (5) (g) or (k), or from any combination of those payment sources.

20,2318m Section 2318m. 895.52 (1) (g) of the statutes is amended to read:

895.52 (1) (g) "Recreational activity" means any outdoor activity undertaken for the purpose of exercise, relaxation or pleasure, including practice or instruction in any such activity. "Recreational activity" includes hunting, fishing, trapping, camping, picnicking, exploring caves, nature study, bicycling, horseback riding, bird-watching, motorcycling, operating an all-terrain vehicle or utility terrain vehicle, operating a vehicle, as defined in s. 340.01 (74), on a road designated under s. 23.115, ballooning, hang gliding, hiking, tobogganing, sledding, sleigh riding, snowmobiling, skiing, skating, water sports, sight-seeing, rock-climbing, cutting or removing wood, climbing observation towers, animal training, harvesting the products of nature, sport shooting and any other outdoor sport, game or educational activity. "Recreational activity" does not include any organized team sport activity sponsored by the owner of the property on which the activity takes place.

20,2319 Section 2319. 938.06 (1) (title) of the statutes is amended to read:

938.06 (1) (title) Counties with a population of 500,000 750,000 or more.

20,2320 Section 2320. 938.06 (1) (a) 1. of the statutes is amended to read:

938.06 (1) (a) 1. In counties with a population of 500,000 750,000 or more, the county board of supervisors shall provide the court with the services necessary for investigating and supervising cases under this chapter by operating a children's court center under the supervision of a director who is appointed as provided in s. 46.21 (1m) (a). Except as otherwise provided in this subsection, the director is the chief administrative officer of the center and of the intake and probation sections and juvenile detention facilities of the center. The director is responsible for managing the personnel of, and administering the services of, the sections and the juvenile detention facilities, and for supervising operation of the physical plant and maintenance and improvement of the buildings and grounds of the center.

20,2321 Section 2321. 938.06 (2) (title) of the statutes is amended to read:

938.06 (2) (title) Counties with a population under 500,000 750,000.

20,2322 Section 2322. 938.06 (2) (a) of the statutes is amended to read:

938.06 (2) (a) In counties having less than 500,000 750,000 population, the county board of supervisors shall authorize the county department or the court, or both, to provide intake services under s. 938.067 and the staff needed to provide dispositional services under s. 938.069. Intake services shall be provided by employees of the court or the county department and may not be subcontracted to other individuals or agencies, except as provided in par. (am). Intake workers shall be governed in their intake work, including their responsibilities for requesting the filing of a petition and entering into a deferred prosecution agreement, by general written policies established by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district.

20,2323 Section 2323. 938.06 (4) of the statutes is amended to read:

938.06 (4) State aid. State aid to any county for juvenile delinquency-related court services under this section shall be at the same net effective rate that each county is reimbursed for county administration under s. 48.569, except as provided in s. 301.26. Counties having a population of less than 500,000 750,000 may use funds received under ss. 48.569 (1) (d) and 301.26, including county or federal revenue sharing funds allocated to match funds received under s. 48.569 (1) (d), for the cost of providing court attached intake services in amounts not to exceed 50% 50 percent of the cost of providing court attached intake services or $30,000 per county per calendar year, whichever is less.

20,2324 Section 2324. 938.21 (1m) of the statutes is created to read:

938.21 (1m) Biological specimen. If the juvenile has been taken into custody on the basis of a violation that would be a felony if committed by an adult in this state, the court shall determine if a biological specimen has been obtained from the juvenile under s. 165.84 (7), and if not, the court shall direct that a law enforcement agency or tribal law enforcement agency obtain a biological specimen from the juvenile and submit it to the state crime laboratories as specified in rules promulgated by the department of justice under s. 165.76 (4). If the court requires the juvenile to provide a specimen under this subsection or if a biological specimen has already been obtained from the juvenile, the court shall inform the juvenile that he or she may request expungement under s. 165.77 (4).

20,2325 Section 2325. 938.30 (2m) of the statutes is created to read:

938.30 (2m) Biological specimen. If the juvenile is before the court on the basis of a violation that would be a felony if committed by an adult in this state, the court shall determine if a biological specimen has been obtained from the juvenile under s. 165.84 (7), and if not, the court shall direct that a law enforcement agency or tribal law enforcement agency obtain a biological specimen from the juvenile and submit it to the state crime laboratories as specified in rules promulgated by the department of justice under s. 165.76 (4). If the court requires the juvenile to provide a specimen under this subsection or if a biological specimen has already been obtained from the juvenile, the court shall inform the juvenile that he or she may request expungement under s. 165.77 (4).

20,2325q Section 2325q. 938.34 (3) (f) 1. of the statutes is amended to read:

938.34 (3) (f) 1. The placement may be for any combination of single or consecutive days totalling not more than 180 365, including any placement under pars. (a) to (e). The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this paragraph for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed.

20,2326 Section 2326. 938.34 (6m) of the statutes is amended to read:

938.34 (6m) Coordinated services plan of care. If the report prepared under s. 938.33 (1) recommends that the juvenile is in need of a coordinated services plan of care and if an initiative under s. 46.56 has been established in for the county or, if applicable, by for a tribe, order that an assessment of the juvenile and the juvenile's family for eligibility for and appropriateness of the initiative, and if eligible for enrollment in the initiative, that a coordinated services plan of care be developed and implemented.

20,2327 Section 2327. 938.34 (15) (a) 1. of the statutes is amended to read:

938.34 (15) (a) 1. If the juvenile is adjudicated delinquent on the basis of a violation that would be a felony if committed by an adult in this state or of a violation of s. 940.225, 948.02 (1) or (2), 948.025, or 948.085 (2) (3m), 941.20 (1), 944.20, 944.30, 944.31, 944.33 (1), 946.52, or 948.10 (1) (b), the court shall require the juvenile to provide comply with the requirement under s. 165.76 (1) (am) by providing a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court shall inform the juvenile that he or she may request expungement under s. 165.77 (4).

20,2328 Section 2328. 938.34 (15) (a) 2. of the statutes is repealed.

20,2328c Section 2328c. 938.34 (15) (a) 3. of the statutes is amended to read:

938.34 (15) (a) 3. The results from deoxyribonucleic acid analysis of a specimen under subd. 1. or 2. may be used only as authorized under s. 165.77 (3). The state crime laboratories shall destroy any such specimen in accordance with s. 165.77 (3).

20,2329 Section 2329. 938.34 (15) (b) of the statutes is amended to read:

938.34 (15) (b) The department of justice shall promulgate rules providing procedures for juveniles to provide specimens Biological samples required under par. (a) and for the transportation of the specimens to the state crime laboratories under s. 165.77 1. shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).

20,2333q Section 2333q. 938.363 (1) (b) of the statutes is amended to read:

938.363 (1) (b) If a hearing is held, at least 3 days before the hearing the court shall notify the juvenile, the juvenile's parent, guardian, and legal custodian, all parties bound by the dispositional order, the juvenile's foster parent or other physical custodian described in s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered. If the juvenile is an Indian juvenile who is in need of protection or services under s. 938.13 (4), (6), (6m), or (7), the court shall also notify the Indian juvenile's Indian custodian and, if that juvenile is placed outside the home of his or her parent or Indian custodian, the Indian juvenile's tribe. A copy of the request or proposal shall be attached to the notice. If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order, or revise an original order under s. 938.34 (6) (am) to impose more than a total of 30 days, or under s. 938.34 (3) (f) to impose more than a total of 180 365 days, of detention, nonsecure custody, or inpatient treatment on a juvenile.

20,2336 Section 2336. 938.48 (4) of the statutes is amended to read:

938.48 (4) Care, training, and placement. Provide appropriate care and training for juveniles under its supervision under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (4), including serving those juveniles in their own homes, placing them in licensed foster homes or licensed group homes under s. 48.63 or in independent living situations as provided in s. 938.34 (3) (e), contracting for their care by licensed child welfare agencies, or replacing them in juvenile correctional facilities or secured residential care centers for children and youth in accordance with rules promulgated under ch. 227, except that the department may not purchase the educational component of private day treatment programs for a juvenile in its custody unless the 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 for the juvenile. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.

20,2336f Section 2336f. 938.78 (2) (b) 1. of the statutes is amended to read:

938.78 (2) (b) 1. Paragraph (a) does not apply to the confidential exchange of information between an agency and another social welfare agency, a law enforcement agency, the victim-witness coordinator, a fire investigator under s. 165.55 (15), a health care provider, as defined in s. 146.81 (1) (a) to (p), a public school district or a private school regarding an individual in the care or legal custody of the agency. A social welfare agency that obtains information under this paragraph shall keep the information confidential as required under this section and s. 48.78. A law enforcement agency, victim-witness coordinator, or fire investigator, that obtains information under this paragraph shall keep the information confidential as required under ss. 48.396 (1) and 938.396 (1) (a). A health care provider that obtains information under this paragraph shall keep the information confidential as provided under s. 146.82. A public school that obtains information under this paragraph shall keep the information confidential as required under s. 118.125, and a private school that obtains information under this paragraph shall keep the information confidential in the same manner as is required of a public school under s. 118.125. Paragraph (a) does not apply to the confidential exchange of information between an agency and officials of a tribal school regarding an individual in the care or legal custody of the agency if the agency determines that enforceable protections are provided by a tribal school policy or tribal law that requires tribal school officials to keep the information confidential in a manner at least as stringent as is required of a public school official under s. 118.125.

20,2339 Section 2339. 950.06 (2) of the statutes is amended to read:

950.06 (2) The costs of providing services under sub. (1m) shall be paid for by the county, but the county is eligible to receive reimbursement from the state for not more than 90% of the costs incurred in providing those services. The department shall determine the level of services for which a county may be reimbursed. The county board shall file a claim for reimbursement with the department. The department shall reimburse counties under this subsection from the appropriation appropriations under s. 20.455 (5) (k), (kk) and (kp) and, on a semiannual basis, from the appropriations appropriation under s. 20.455 (5) (c) and (g).

20,2340 Section 2340. 961.41 (5) (c) 2. of the statutes is amended to read:

961.41 (5) (c) 2. All moneys in excess of $850,000 and up to $1,275,000 plus one-third of moneys in excess of $1,275,000 collected in each fiscal year from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.505 (6) (ku) 20.455 (2) (kv).

20,2341 Section 2341. 961.472 (5) (b) of the statutes is amended to read:

961.472 (5) (b) The person is participating in a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c) 165.95 (3), as determined by the office of justice assistance department of justice under s. 16.964 (12) (i) 165.95 (9) and (10).

20,2342 Section 2342. 967.11 (1) of the statutes is amended to read:

967.11 (1) In this section, "approved substance abuse treatment program" means a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c) 165.95 (3), as determined by the office of justice assistance department of justice under s. 16.964 (12) (i) 165.95 (9) and (10).

20,2342c Section 2342c. 969.02 (2) of the statutes is amended to read:

969.02 (2) In lieu of release pursuant to sub. (1), the judge may require the execution of an appearance bond with sufficient solvent sureties, or the deposit of cash in lieu of sureties. If the judge requires the execution of an appearance bond under this subsection, he or she shall determine whether the bond may be posted by a bail bond agent or bail bond agency that is licensed under s. 440.282 (1) or (2). If the judge requires a deposit of cash in lieu of sureties, the person making the cash deposit shall be given written notice of the requirements of sub. (6).

20,2342g Section 2342g. 969.03 (1) (d) of the statutes is amended to read:

969.03 (1) (d) Require the execution of an appearance bond with sufficient solvent sureties, or the deposit of cash in lieu of sureties. If the judge requires the execution of an appearance bond under this paragraph, he or she shall determine whether the bond may be posted by a bail bond agent or bail bond agency that is licensed under s. 440.282 (1) or (2). If the judge requires a deposit of cash in lieu of sureties, the person making the cash deposit shall be given written notice of the requirements of sub. (4).

20,2342n Section 2342n. 969.12 (1) of the statutes is repealed.

20,2342r Section 2342r. 969.12 (2) of the statutes is amended to read:

969.12 (2) A surety under this chapter shall be a natural person, except who is a resident of this state or a surety under s. 345.61 or, subject to s. 969.02 (2) or 969.03 (1) (d), a bail bond agent or bail bond agency that is licensed under s. 440.282 (1) or (2). No surety under this chapter may be compensated for acting as such a surety, except that a bail bond agent or bail bond agency that is licensed under s. 440.282 (1) or (2) shall be compensated at a rate of 10 percent of the amount of the bond set.

20,2342w Section 2342w. 969.15 of the statutes is created to read:

969.15 Pretrial release; reports. (1) The director of state courts shall create and make available to the clerks of court in Dane, Kenosha, Milwaukee, Racine, and Waukesha counties forms for reporting under this section and shall prescribe a schedule for the clerks of court to return the completed forms. The director of state courts shall require, at a minimum, annual reports from the clerks of the counties.

(2) The clerks of court in Dane, Kenosha, Milwaukee, Racine, and Waukesha counties shall, using the forms provided by the director of state courts and according to the schedule prescribed by the director of state courts, provide the following information to the director of state courts:

(a) The number of persons charged in the county released pursuant to s. 969.02 (1).

(b) The number of persons charged in the county released pursuant to s. 969.02 (2) and the amount of the appearance bond required. For each person released pursuant to s. 969.02 (2) who used a surety, whether the surety is a natural person, a surety under s. 345.61, or a bail bond agent or bail bond agency that is licensed under s. 440.282 (1) or (2).

(c) The number of persons charged in the county released pursuant to s. 969.03 (1) without bail or upon the execution of an unsecured appearance bond.

(d) The number of persons charged in the county released pursuant to s. 969.03 (1) upon the execution of an appearance bond under s. 969.03 (1) (d), and the amount of the appearance bond required. For each person released pursuant to s. 969.03 (1) upon the execution of an appearance bond under s. 969.03 (1) (d) who used a surety, whether the surety is a natural person, a surety under s. 345.61, or a bail bond agent or bail bond agency that is licensed under s. 440.282 (1) or (2).

(e) The number of court orders entered under s. 969.13 (1) because a person failed to make a required court appearance and, for each order counted under this paragraph, whether the person who forfeited bail had used a surety who is a natural person, a surety under s. 345.61, or a bail bond agent or bail agency that is licensed under s. 440.282 (1) or (2).

(f) The amounts of bail forfeited and subsequently collected and a description of how the collected amounts were allocated by the clerk of courts and the county treasurer.

(g) The amounts of bail forfeited and not collected.

(h) The disposition of the case against every person subject to an order counted under par. (e), including a statement as to whether, when, and by whom the person was located after he or she failed to make a required court appearance.

(i) A statement as to the time and cost expended by the county to locate a person subject to an order counted under par. (e).

(3) The director of state courts shall, no later than 4 years and 4 months after the effective date of this subsection .... [LRB inserts date], submit to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report summarizing the reports prepared by the clerks of court pursuant to sub. (2).

20,2343 Section 2343. 970.02 (8) of the statutes is created to read:

970.02 (8) If the offense charged is a felony, the judge shall determine if a biological specimen has been obtained from the defendant under s. 165.84 (7), and, if not, the judge shall direct that a law enforcement agency or tribal law enforcement agency obtain a biological specimen from the defendant and submit it to the state crime laboratories as specified in rules promulgated by the department of justice under s. 165.76 (4). If the judge requires the defendant to provide a specimen under this subsection or if a biological specimen has already been obtained from the defendant, the judge shall inform the defendant that he or she may request expungement under s. 165.77 (4).

20,2344 Section 2344. 971.17 (1m) (a) of the statutes is renumbered 971.17 (1m) (a) 1. and amended to read:

971.17 (1m) (a) 1. If the defendant under sub. (1) is found not guilty by reason of mental disease or defect for a felony or a violation of s. 165.765 (1), 2011 stats., or of s. 940.225 (3m), 941.20 (1), 944.20, 944.30, 944.31, 944.33 (1), 946.52, or 948.10 (1) (b), the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The judge shall inform the person that he or she may request expungement under s. 165.77 (4).

20,2344c Section 2344c. 971.17 (1m) (a) 2. of the statutes is created to read: