Amendment SSA1-SB21

SB21-SSA1,1366,23 867.03 (2g) (b) Property transferred under this section to or by an heir, trustee, or guardian is subject to the right of the department of health services to recover under s. 46.27 (7g), 49.496, 49.682, or 49.849 an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), an amount equal to aid under s. 49.68, 49.683, or 49.685, or 49.785 that is recoverable under s. 49.682 (2) (a) or (am), or an amount equal to long-term community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1. and that was paid on behalf of the decedent or the decedent's spouse. Upon request, the heir, trustee, or guardian shall provide to the department of health services information about any of the decedent's property that the heir, trustee, or guardian has distributed and information about the persons to whom the property was distributed.

SB21-SSA1,4631 Section 4631. 885.38 (8) (a) 1. of the statutes is amended to read:

SB21-SSA1,1367,5 885.38 (8) (a) 1. The county in which the circuit court is located shall pay the expenses in all proceedings before a circuit court and when the clerk of circuit court uses a qualified interpreter under sub. (3) (d). The county shall be reimbursed as provided in the manner determined by the director of state courts under s. 758.19 (8) for expenses paid under this subdivision.

SB21-SSA1,4639g Section 4639g. 893.981 of the statutes is repealed.

SB21-SSA1,4639m Section 4639m. 895.035 (2m) (c) of the statutes is amended to read:

SB21-SSA1,1367,24 895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and 938 may order that the juvenile perform community service work for a public agency or nonprofit charitable organization that is designated by the court in lieu of making restitution or paying the forfeiture or surcharge. If the parent agrees to perform community service work in lieu of making restitution or paying the forfeiture or surcharge, the court may order that the parent perform community service work for a public agency or a nonprofit charitable organization that is designated by the court. Community service work may be in lieu of restitution only if also agreed to by the public agency or nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize any available resources, including any community service work program, in ordering the juvenile or parent to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the restitution, forfeiture, or surcharge by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment s. 104.035 (1). The court shall ensure that the juvenile or parent is provided with a written statement of the terms of the community service order and that the community service order is monitored.

SB21-SSA1,4642 Section 4642. 895.514 (3) (b) of the statutes is amended to read:

SB21-SSA1,1368,6 895.514 (3) (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., under 2013 Wisconsin Act 20, section 9122 (1L), or under 2013 Wisconsin Act 116, section 32 (1) (b), 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.

SB21-SSA1,4642m Section 4642m. 895.523 (1) (a) of the statutes is amended to read:

SB21-SSA1,1368,10 895.523 (1) (a) "Governing body of a charter school" means the person that operates a charter school established under s. 118.40 (2) or (2m) or the entity that operates a charter school established under s. 118.40 (2r) or (2x).

SB21-SSA1,4644s Section 4644s. 905.17 of the statutes is created to read:

SB21-SSA1,1368,13 905.17 Communications involving legislators and legislative staff; records. (1) Definitions. As used in this section:

SB21-SSA1,1368,14 (a) "Clerk staff" means all of the following:

SB21-SSA1,1368,16 1. The assembly chief clerk and employees assigned to the assembly chief clerk's office.

SB21-SSA1,1368,18 2. The senate chief clerk and employees assigned to the senate chief clerk's office.

SB21-SSA1,1368,19 (b) "Employee" includes paid and unpaid interns.

SB21-SSA1,1368,21 (c) 1. "Legislative business" means all aspects of the legislative process, shall be broadly construed, and includes all of the following:

SB21-SSA1,1368,23 a. Researching, drafting, circulating, discussing, introducing, and amending legislative proposals.

SB21-SSA1,1368,25 b. The development of public policy, including research, analysis, consideration, and discussion of issues relevant to public policy.

SB21-SSA1,1369,1 c. All aspects of legislative proceedings.

SB21-SSA1,1369,3 d. All matters related to the policies, practices, and procedures of the legislative branch.

SB21-SSA1,1369,4 e. All matters related to the work of a legislative committee.

SB21-SSA1,1369,5 f. Investigations and oversight.

SB21-SSA1,1369,6 g. Constituent relations.

SB21-SSA1,1369,9 h. All other powers, duties, and functions assigned by law, rule, custom, policy, or practice to the legislature, one house of the legislature, a committee of the legislature, or a member of the legislature.

SB21-SSA1,1369,11 2. "Legislative business" does not include criminal conduct or political campaigning.

SB21-SSA1,1369,13 (d) "Legislative staff member" means a member of the clerk staff, sergeant staff, nonpartisan staff, or personal staff.

SB21-SSA1,1369,17 (e) "Legislator" means a current or former member of the legislature or a legislator-elect. For purposes of the privileges under this section, a legislator's term of office shall be considered to begin on the date of certification of the legislator's election to that office.

SB21-SSA1,1369,19 (f) "Nonpartisan staff" means the heads and employees of the nonpartisan legislative service agencies under ss. 13.91, 13.92, 13.94, 13.95, and 13.96.

SB21-SSA1,1369,21 (g) "Personal staff" means the employees assigned to or interning in the office of a legislator.

SB21-SSA1,1369,23 (h) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

SB21-SSA1,1369,24 (i) "Sergeant staff" means all of the following:

SB21-SSA1,1370,2 1. The assembly sergeant at arms and employees assigned to the assembly sergeant at arms' office.

SB21-SSA1,1370,4 2. The senate sergeant at arms and employees assigned to the senate sergeant at arms' office.

SB21-SSA1,1370,8 (2) General rule of privilege. (a) A legislator has a privilege to refuse to disclose and to prevent a legislative staff member from disclosing all of the following communications, if made within the course of legislative business during the legislator's term of office:

SB21-SSA1,1370,11 1. A communication between the legislator or a member of the legislator's personal staff, or another person acting on behalf of the legislator, and a member of the nonpartisan staff, clerk staff, or sergeant staff.

SB21-SSA1,1370,13 2. A communication between the legislator or a person acting on behalf of the legislator and a member of the legislator's personal staff.

SB21-SSA1,1370,15 3. A communication between 2 or more members of the nonpartisan staff, clerk staff, or sergeant staff related to the legislative business of a legislator.

SB21-SSA1,1370,17 4. A communication between 2 or more members of the legislator's personal staff.

SB21-SSA1,1370,20 5. A communication between the legislator or a member of the legislator's personal staff, or another person acting on behalf of the legislator, and any other person.

SB21-SSA1,1370,23 (b) A legislator has a privilege to refuse to disclose and to prevent a legislative staff member from disclosing all records relating to a communication made under par. (a) 1. to 5.

SB21-SSA1,1371,2 (c) A legislator has a privilege to refuse to disclose and to prevent a legislative staff member from disclosing information from which can be ascertained the identity of any person who communicates with the legislator within the course of legislative business during the legislator's term of office.

SB21-SSA1,1371,6 (d) Any privilege that may be claimed by a legislator under pars. (a) to (c) continues to apply with respect to a former legislative staff member to the same extent the privilege applied with respect to that legislative staff member when he or she was a legislative staff member.

SB21-SSA1,1371,9 (e) A legislator's privilege to prevent a personal staff member from disclosing a communication, record, or information under pars. (a) to (c) only applies with respect to the personal staff of that legislator.

SB21-SSA1,1371,11 (3) Express waiver required. (a) A privilege under this section may be waived only by the express personal waiver of each legislator who may claim the privilege.

SB21-SSA1,1371,15 (b) Disclosure of a communication, record, or information that is privileged under this section by any person to any other person, regardless of whether that disclosure is authorized by the legislator and including a disclosure under s. 13.97 (2), shall not constitute a waiver.

SB21-SSA1,1371,18 (c) A legislative staff member or former legislative staff member shall assert and may not waive a privilege under this section on behalf of a legislator who may claim the privilege.

SB21-SSA1,1371,21 (4) Construction. Nothing in this section shall be construed to limit or restrict in any way a privilege or other protection available to a legislator under common law or any other law.

SB21-SSA1,4645b Section 4645b. 938.02 (4) of the statutes is amended to read:

SB21-SSA1,1372,2 938.02 (4) "Department" means the department of children and families, except that with respect to a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n) (a), or (7g), or 938.357 (4), "department" means the department of corrections.

SB21-SSA1,4646b Section 4646b. 938.02 (4) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1,1372,8 938.02 (4) "Department" means the department of children and families, except that with respect to a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n) (a), or (7g), or 938.357 (4), "department" means the department of corrections.

SB21-SSA1,4646c Section 4646c. 938.02 (6) of the statutes is amended to read:

SB21-SSA1,1372,15 938.02 (6) "Foster home" means any facility that is operated by a person required to be licensed by s. 48.62 (1) and that provides care and maintenance for no more than 4 juveniles or, if necessary to enable a sibling group to remain together, for no more than 6 juveniles or, if the department of children and families promulgates rules permitting a different number of juveniles, for the number of juveniles permitted under those rules.

SB21-SSA1,4646e Section 4646e. 938.02 (7) of the statutes is amended to read:

SB21-SSA1,1372,19 938.02 (7) "Group home" means any facility operated by a person required to be licensed by the department of children and families under s. 48.625 for the care and maintenance of 5 to 8 juveniles.

SB21-SSA1,4646h Section 4646h. 938.02 (10r) of the statutes is amended to read:

SB21-SSA1,1372,23 938.02 (10r) "Juvenile detention facility" means a locked facility approved by the department of corrections under s. 301.36 for the secure, temporary holding in custody of juveniles.

SB21-SSA1,4646n Section 4646n. 938.02 (17) of the statutes is amended to read:

SB21-SSA1,1373,3 938.02 (17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for juveniles, including a holdover room, licensed by the department of children and families under s. 48.66 (1) (a).

SB21-SSA1,4646q Section 4646q. 938.02 (19r) of the statutes is amended to read:

SB21-SSA1,1373,9 938.02 (19r) "Type 2 residential care center for children and youth" means a residential care center for children and youth that is designated by the department of corrections to provide care and maintenance for juveniles who have been placed in the residential care center for children and youth under the supervision of a county department under s. 938.34 (4d).

SB21-SSA1,4647 Section 4647. 938.06 (4) of the statutes is amended to read:

SB21-SSA1,1373,19 938.06 (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 48.526. Counties having a population of less than 750,000 may use funds received under ss. 48.569 (1) (d) and 301.26 48.526, 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 percent of the cost of providing court attached intake services or $30,000 per county per calendar year, whichever is less.

SB21-SSA1,4648b Section 4648b. 938.069 (1) (intro.) of the statutes is amended to read:

SB21-SSA1,1373,23 938.069 (1) Duties. (intro.) Subject to sub. (2), the staff of the department of corrections, the court, a county department, or a licensed child welfare agency designated by the court to carry out the objectives of this chapter shall:

SB21-SSA1,4648bm Section 4648bm. 938.069 (1) (intro.) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1,1374,5 938.069 (1) Duties. (intro.) The staff of the department of corrections shall provide community supervision services for juveniles as provided in s. 938.533. Subject to sub. (2), the staff of the department of corrections, the court, a county department, or a licensed child welfare agency designated by the court to carry out the objectives of this chapter shall:

SB21-SSA1,4648c Section 4648c. 938.069 (2) of the statutes is amended to read:

SB21-SSA1,1374,9 938.069 (2) Agency approval needed. Licensed child welfare agencies and the department of corrections shall provide services under this section only upon the approval of the agency from whom services are requested.

SB21-SSA1,4648f Section 4648f. 938.08 (3) (a) (intro.) of the statutes is amended to read:

SB21-SSA1,1374,16 938.08 (3) (a) (intro.) In addition to the law enforcement authority under sub. (2), department personnel of the department of corrections designated by the that department and personnel of an agency contracted with under s. 301.08 (1) (b) 3. and designated by agreement between the agency and the department of corrections have the power of law enforcement authorities to take a juvenile into physical custody under the following conditions:

SB21-SSA1,4648t Section 4648t. 938.183 (3) of the statutes is amended to read:

SB21-SSA1,1374,25 938.183 (3) Placement in state prison; parole. When a juvenile who is subject to a criminal penalty under sub. (1m) or s. 938.183 (2), 2003 stats., attains the age of 17 years, the department of corrections may place the juvenile in a state prison named in s. 302.01, except that the that department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act committed before December 31, 1999, is eligible for parole under s. 304.06.

SB21-SSA1,4648v Section 4648v. 938.185 (2m) of the statutes is created to read:

SB21-SSA1,1375,4 938.185 (2m) Extended out-of-home care. Venue for a proceeding under s. 938.366 (3) (am) shall be in the county where the most recent order specified in s. 938.366 (1) (a) was issued.

SB21-SSA1,4649b Section 4649b. 938.19 (1) (d) 6. of the statutes is amended to read:

SB21-SSA1,1375,11 938.19 (1) (d) 6. The juvenile has violated a condition of court-ordered supervision or aftercare supervision administered by the department of corrections or a county department, a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534.

SB21-SSA1,4649bm Section 4649bm. 938.19 (1) (d) 6. of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1,1375,19 938.19 (1) (d) 6. The juvenile has violated a condition of court-ordered supervision, community supervision, or aftercare supervision administered by the department of corrections or a county department,; a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth,; or a condition of the juvenile's participation in the intensive supervision program under s. 938.534.

SB21-SSA1,4650b Section 4650b. 938.20 (2) (cm) of the statutes is amended to read:

SB21-SSA1,1376,2 938.20 (2) (cm) If the juvenile has violated a condition of aftercare supervision administered by the department of corrections or a county department, a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534, the person who took the juvenile into custody may release the juvenile to the department of corrections or county department, whichever has supervision over the juvenile.

SB21-SSA1,4650bm Section 4650bm. 938.20 (2) (cm) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1,1376,12 938.20 (2) (cm) If the juvenile has violated a condition of community supervision or aftercare supervision administered by the department of corrections or a county department, a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534, the person who took the juvenile into custody may release the juvenile to the department of corrections or county department, whichever has supervision over the juvenile.

SB21-SSA1,4651b Section 4651b. 938.20 (7) (c) 1m. of the statutes is amended to read:

SB21-SSA1,1376,20 938.20 (7) (c) 1m. In the case of a juvenile who has violated a condition of aftercare supervision administered by the department of corrections or a county department, a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534, to the department of corrections or county department, whichever has supervision of the juvenile.

SB21-SSA1,4651bm Section 4651bm. 938.20 (7) (c) 1m. of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1,1377,4 938.20 (7) (c) 1m. In the case of a juvenile who has violated a condition of community supervision or aftercare supervision administered by the department of corrections or a county department, a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534, to the department of corrections or county department, whichever has supervision of the juvenile.

SB21-SSA1,4652b Section 4652b. 938.20 (8) (c) of the statutes is amended to read: