Amendment ASA-AB150

AB150-ASA,2229,10 867.035 (4m) From the appropriation under s. 20.435 (7) (im), with respect to funds collected by the department under sub. (1) 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 and social services shall pay claims under sub. (3) and shall spend the remainder of the funds recovered under this section for long-term community support services funded under s. 46.27 (7).

AB150-ASA, s. 7206m Section 7206m. 880.195 of the statutes is amended to read:

AB150-ASA,2229,21 880.195 Transfer of Menominees guardianship funds to trust. The circuit court which has appointed a guardian of the estate of any minor or incompetent who is a member of the Menominee Indian tribe as defined in s. 49.085 49.385 or a lawful distributee thereof may direct the guardian to transfer the assets of the minor or incompetent in the guardian's possession to the trustees of the trust created by the secretary of interior or his or her delegate which receives property of the minors or incompetents transferred from the United States or any agency thereof as provided by P.L. 83-399, as amended, and the assets shall thereafter be held, administered and distributed in accordance with the terms and conditions of the trust.

AB150-ASA, s. 7206n Section 7206n. 880.331 (8) of the statutes is amended to read:

AB150-ASA,2230,2 880.331 (8) Compensation. On order of the court, the guardian ad litem appointed under this chapter shall be allowed reasonable compensation to be paid by the county of venue, unless the court otherwise directs. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b).

AB150-ASA, s. 7207 Section 7207. 885.37 (4) (a) 1. of the statutes is amended to read:

AB150-ASA,2230,5 885.37 (4) (a) 1. In the supreme court or the court of appeals, the state director of state courts shall pay the expense.

AB150-ASA, s. 7208 Section 7208. 885.37 (4) (a) 2. of the statutes is amended to read:

AB150-ASA,2230,8 885.37 (4) (a) 2. In circuit court, the state director of state courts shall pay the expense.

AB150-ASA, s. 7209 Section 7209. 885.37 (4) (a) 2m. of the statutes is created to read:

AB150-ASA,2230,12 885.37 (4) (a) 2m. To assist the state public defender in representing an indigent in preparing for court proceedings, the state public defender shall pay the expense.

AB150-ASA, s. 7210 Section 7210. 887.23 (1) of the statutes is amended to read:

AB150-ASA,2231,2 887.23 (1) Who may require. The department of health and social services, the department of corrections, the state superintendent department of education or the board of regents of the university of Wisconsin system may order the deposition of any witness to be taken concerning any institution under his, her or its government or superintendence, or concerning the conduct of any officer or agent thereof, or concerning any matter relating to the interests thereof. Upon presentation of a certified copy of such order to any municipal judge, notary public or court commissioner, the officer shall take the desired deposition in the manner provided for taking depositions to be used in actions. When any officer or agent of any institution is concerned and will be affected by the testimony, 2 days' written notice of the time and place of taking the deposition shall be given him or her. Any party interested may appear in person or by counsel and examine the witness touching the matters mentioned in the order. The deposition, duly certified, shall be delivered to the authority which ordered it.

AB150-ASA, s. 7211 Section 7211. 889.29 (1) of the statutes is amended to read:

AB150-ASA,2231,20 889.29 (1) If any business, institution or member of a profession or calling in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event, and in the regular course of business has caused any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, or to be recorded on an optical disk or in electronic format, the original may be destroyed in the regular course of business, unless its preservation is required by law. Such reproduction or optical disk record, when reduced to comprehensible format and when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction of a record or an enlarged copy of a record generated from an original record stored in optical disk or electronic format is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement or facsimile, does not preclude admission of the original.

AB150-ASA, s. 7212m Section 7212m. 891.39 (1) (b) of the statutes is amended to read:

AB150-ASA,2232,4 891.39 (1) (b) In actions affecting the family, in which the question of paternity is raised, and in paternity proceedings, the court, upon being satisfied that the parties to the action are unable to adequately compensate any such guardian ad litem for the guardian ad litem's services and expenses, shall then make an order specifying the guardian's compensation and expenses, which compensation and expenses shall be paid as provided in s. 967.06. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b).

AB150-ASA, s. 7214 Section 7214. 893.925 (2) (a) of the statutes is amended to read:

AB150-ASA,2232,13 893.925 (2) (a) An action to recover damages for mining-related injuries under s. 107.32 shall be brought within 3 years of the date on which the death or injury occurs unless the department of industry, labor and human relations development gives written notice within the time specified in this subsection that a claim has been filed with it under sub. (1), in which case an action based on the claim may be brought against the person to whom the notice is given within one year after the final resolution, including any appeal, of the claim or within the time specified in this subsection, whichever is longer.

AB150-ASA, s. 7215 Section 7215. 895.437 (1) (c) of the statutes is amended to read:

AB150-ASA,2232,16 895.437 (1) (c) "Lodging establishment" has the meaning given in s. 101.22 106.04 (1m) (n).

AB150-ASA, s. 7223 Section 7223. 895.65 (1) (c) of the statutes is amended to read:

AB150-ASA,2232,25 895.65 (1) (c) "Governmental unit" means any association, authority, board, commission, department, independent agency, institution, office, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor and the courts. "Governmental unit" does not mean the University of Wisconsin Hospitals and Clinics Authority or any political subdivision of the state or body within one or more political subdivisions which is created by law or by action of one or more political subdivisions.

AB150-ASA, s. 7225 Section 7225. 905.15 (1) of the statutes is amended to read:

AB150-ASA,2233,9 905.15 (1) An employe of the department of health and social services, the department of industry, labor and human relations or a county department under s. 46.215, 46.22 or 46.23 or a member of a governing body of a federally recognized American Indian tribe who is authorized by federal law to have access to or awareness of the federal tax return information of another in the performance of duties under s. 49.19 or 49.45 or 7 USC 2011 to 2049 may claim privilege to refuse to disclose the information and the source or method by which he or she received or otherwise became aware of the information.

AB150-ASA, s. 7225m Section 7225m. 939.615 of the statutes is created to read:

AB150-ASA,2233,16 939.615 Restriction on penalty for certain first offenders charged with misdemeanors. (1) Regardless of whether a misdemeanor authorizes a penalty of imprisonment, the penalty for a misdemeanor is the fine and any penalties, other than imprisonment, authorized by law for that misdemeanor if, at the time of the alleged violation, the defendant had not previously been convicted of any state or federal crime.

AB150-ASA,2233,17 (2) Subsection (1) does not apply to any of the following:

AB150-ASA,2233,18 (a) Any misdemeanor violation under ch. 940, 941 or 948.

AB150-ASA,2233,20 (b) Any misdemeanor that requires the imposition of a minimum sentence of imprisonment.

AB150-ASA,2233,21 (c) Any misdemeanor for which the only penalty is a sentence of imprisonment.

AB150-ASA,2233,22 (d) Any case in which the prosecutor elects to proceed under s. 967.052 (2).

AB150-ASA, s. 7227 Section 7227. 940.207 (title) of the statutes is amended to read:

AB150-ASA,2233,25 940.207 (title) Battery or threat to department of development or department of industry, labor and human relations employe.

AB150-ASA, s. 7228 Section 7228. 940.207 (2) (intro.) of the statutes is amended to read:

AB150-ASA,2234,5 940.207 (2) (intro.)  Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any department of development or department of industry, labor and human relations official, employe or agent under all of the following circumstances is guilty of a Class D felony:

AB150-ASA, s. 7229 Section 7229. 940.207 (2) (a) of the statutes is amended to read:

AB150-ASA,2234,9 940.207 (2) (a) At the time of the act or threat, the actor knows or should have known that the victim is a department of development or department of industry, labor and human relations official, employe or agent or a member of his or her family.

AB150-ASA, s. 7229g Section 7229g. 943.01 (2) (d) of the statutes is amended to read:

AB150-ASA,2234,14 943.01 (2) (d) If the total property damaged in violation of sub. (1) is reduced in value by more than $1,000 $1,500. For the purposes of this paragraph, property is reduced in value by the amount which it would cost either to repair or replace it, whichever is less.

AB150-ASA, s. 7229h Section 7229h. 943.20 (3) (a) of the statutes is amended to read:

AB150-ASA,2234,17 943.20 (3) (a) If the value of the property does not exceed $1,000 $1,500, is guilty of a Class A misdemeanor.

AB150-ASA, s. 7229i Section 7229i. 943.20 (3) (b) of the statutes is amended to read:

AB150-ASA,2234,20 943.20 (3) (b) If the value of the property exceeds $1,000 $1,500 but not $2,500, is guilty of a Class E felony.

AB150-ASA, s. 7229j Section 7229j. 943.21 (3) (a) of the statutes is amended to read:

AB150-ASA,2234,23 943.21 (3) (a) Is guilty of a Class A misdemeanor when the value of any beverage, food, lodging, accommodation or other service is $1,000 $1,500 or less.

AB150-ASA, s. 7229k Section 7229k. 943.21 (3) (b) of the statutes is amended to read:

AB150-ASA,2235,2 943.21 (3) (b) Is guilty of a Class E felony when the value of any beverage, food, lodging, accommodation or other service exceeds $1,000 $1,500.

AB150-ASA, s. 7229m Section 7229m. 943.24 (1) of the statutes is amended to read:

AB150-ASA,2235,6 943.24 (1) Whoever issues any check or other order for the payment of not more than $1,000 $1,500 which, at the time of issuance, he or she intends shall not be paid is guilty of a Class A misdemeanor.

AB150-ASA, s. 7229n Section 7229n. 943.24 (2) of the statutes is amended to read:

AB150-ASA,2235,12 943.24 (2) Whoever issues any single check or other order for the payment of more than $1,000 $1,500 or whoever within a 15-day period issues more than one check or other order amounting in the aggregate to more than $1,000 $1,500 which, at the time of issuance, the person intends shall not be paid is guilty of a Class E felony.

AB150-ASA, s. 7229p Section 7229p. 943.26 (2) of the statutes is amended to read:

AB150-ASA,2235,15 943.26 (2) If the security is impaired by more than $1,000 $1,500, the mortgagor or vendee is guilty of a Class E felony.

AB150-ASA, s. 7229q Section 7229q. 943.34 (1) (a) of the statutes is amended to read:

AB150-ASA,2235,18 943.34 (1) (a) A Class A misdemeanor, if the value of the property does not exceed $1,000 $1,500.

AB150-ASA, s. 7229r Section 7229r. 943.34 (1) (b) of the statutes is amended to read:

AB150-ASA,2235,21 943.34 (1) (b) A Class E felony, if the value of the property exceeds $1,000 $1,500 but not more than $2,500.

AB150-ASA, s. 7229rc Section 7229rc. 943.38 (1) (a) of the statutes is renumbered 943.38 (1m) and amended to read:

AB150-ASA,2236,7 943.38 (1m) A Whoever with intent to defraud falsely makes or alters a writing or object whereby legal rights or obligations are created, terminated or transferred, or any writing commonly relied upon in business or commercial transactions as evidence of debt or property rights; or, so that the writing or object purports to have been made by another, at another time, with different provisions or by authority of one who did not give that authority, is guilty of a Class C felony if the value or purported value, whichever is greater, of the writing or object is $1,500 or more and a Class A misdemeanor if the value or purported value of the writing or object is less than $1,500.

AB150-ASA, s. 7229rd Section 7229rd. 943.38 (2) of the statutes is amended to read:

AB150-ASA,2236,16 943.38 (2) Whoever utters as genuine or possesses with intent to utter as false or as genuine any forged writing or object mentioned in sub. (1), knowing it to have been thus falsely made or altered, is guilty of a Class C felony. Whoever utters as genuine or possesses with intent to utter as false or as genuine any forged writing or object mentioned in sub. (1m), knowing it to have been thus falsely made or altered, is guilty of a Class C felony if the value or purported value, whichever is greater, of the writing or object is $1,500 or more and a Class A misdemeanor if the value or purported value of the writing or object is less than $1,500.

AB150-ASA, s. 7229re Section 7229re. 943.39 (2) of the statutes is amended to read:

AB150-ASA,2236,19 943.39 (2) By means of deceit obtains a signature to a writing which is the subject of forgery under s. 943.38 (1) or (1m); or

AB150-ASA, s. 7229s Section 7229s. 943.395 (2) (a) of the statutes is amended to read:

AB150-ASA,2236,22 943.395 (2) (a) Is guilty of a Class A misdemeanor if the value of the claim or benefit does not exceed $1,000 $1,500.

AB150-ASA, s. 7229t Section 7229t. 943.395 (2) (b) of the statutes is amended to read:

AB150-ASA,2236,25 943.395 (2) (b) Is guilty of a Class E felony if the value of the claim or benefit exceeds $1,000 $1,500.

AB150-ASA, s. 7229tm Section 7229tm. 943.40 (2) of the statutes is amended to read:

AB150-ASA,2237,3 943.40 (2) Completely erases, obliterates or destroys any writing which is the subject of forgery under s. 943.38 (1) (a) (1m).

AB150-ASA, s. 7229u Section 7229u. 943.41 (8) (c) of the statutes is amended to read:

AB150-ASA,2237,11 943.41 (8) (c) Any person violating any provision of sub. (5) or (6) (a), (b) or (d), if the value of the money, goods, services or property illegally obtained does not exceed $1,000 $1,500 is guilty of a Class A misdemeanor; if the value of the money, goods, services or property exceeds $1,000 $1,500 but does not exceed $2,500, in a single transaction or in separate transactions within a period not exceeding 6 months, the person is guilty of a Class E felony; or if the value of the money, goods, services or property exceeds $2,500, the person is guilty of a Class C felony.

AB150-ASA, s. 7229v Section 7229v. 943.50 (4) (a) of the statutes is amended to read:

AB150-ASA,2237,14 943.50 (4) (a) A Class A misdemeanor, if the value of the merchandise does not exceed $1,000 $1,500.

AB150-ASA, s. 7229w Section 7229w. 943.50 (4) (b) of the statutes is amended to read:

AB150-ASA,2237,17 943.50 (4) (b) A Class E felony, if the value of the merchandise exceeds $1,000 $1,500 but not $2,500.

AB150-ASA, s. 7229x Section 7229x. 943.61 (5) (a) of the statutes is amended to read:

AB150-ASA,2237,20 943.61 (5) (a) A Class A misdemeanor, if the value of the library materials does not exceed $1,000 $1,500.

AB150-ASA, s. 7229y Section 7229y. 943.61 (5) (b) of the statutes is amended to read:

AB150-ASA,2237,23 943.61 (5) (b) A Class E felony, if the value of the library materials exceeds $1,000 $1,500 but not $2,500.

AB150-ASA, s. 7230 Section 7230. 943.62 (2m) of the statutes is amended to read:

AB150-ASA,2238,3 943.62 (2m) This section does not apply to a savings and loan association, credit union, bank, savings bank, or a mortgage banker, loan originator or loan solicitor registered under s. 440.72 224.72.

AB150-ASA, s. 7231m Section 7231m. 945.095 (1) (d), (f), (g) and (h) of the statutes, as created by 1995 Wisconsin Act 11, is amended to read:

AB150-ASA,2238,10 945.095 (1) (d) The person provides the gaming commission board, prior to the importation of the gambling devices into the state, all records that account for the gambling devices, including the identification number affixed to each gambling device by the manufacturer, and that identify the location where the gambling devices will be stored prior to the installation of the gambling devices on the vessel.

AB150-ASA,2238,14 (f) If the person removes used gambling devices from a vessel, the person shall provide the gaming commission board with an inventory of the used gambling devices prior to their removal from the vessel. The inventory shall include the identification number affixed to each gambling device by the manufacturer.

AB150-ASA,2238,18 (g) The person submits documentation to the gaming commission board, no later than 30 days after the date of delivery, that the vessel equipped with gambling devices has been delivered to the customer who ordered the work performed on the vessel.

AB150-ASA,2238,24 (h) The person does not sell a gambling device to any other person except to a customer who shall use or possess the gambling device outside of this state in a locality where the use or possession of the gambling device is lawful. If a person sells a gambling device to such a customer, the person shall submit documentation to the gaming commission board, no later than 30 days after the date of delivery, that the gambling device has been delivered to the customer.

AB150-ASA, s. 7232 Section 7232. 946.13 (10) of the statutes is amended to read: