Amendment AA8-ASA1-AB100

AB100-ASA1-AA8,496,20 938.22 (2) (a) Counties shall submit plans for the secure detention facility or juvenile portion of the county jail to the department of corrections and submit plans for the shelter care facility to the department of health and family services. A private entity that proposes to establish a secure detention facility shall submit plans for the secure detention facility to the department of corrections. The applicable department shall review the submitted plans. The counties A county or a private entity may not implement any such plan unless the applicable department has approved the plan. The department of corrections shall promulgate rules establishing minimum requirements for the approval of the operation of secure detention facilities and the juvenile portion of county jails. The plans and rules shall be designed to protect the health, safety and welfare of the juveniles in these facilities.

AB100-ASA1-AA8, s. 5249d Section 5249d. 938.22 (3) (bm) of the statutes is created to read:

AB100-ASA1-AA8,496,24 938.22 (3) (bm) A private secure detention facility shall be in the charge of a superintendent appointed by the private entity operating the secure detention facility.

AB100-ASA1-AA8, s. 5249g Section 5249g. 938.22 (3) (c) of the statutes is amended to read:

AB100-ASA1-AA8,497,3 938.22 (3) (c) All superintendents appointed under par. (a) or, (b) or (bm) after May 1, 1992, shall, within one year after that appointment, successfully complete an administrative training program approved or provided by the department of justice.

AB100-ASA1-AA8, s. 5249m Section 5249m. 938.22 (5) of the statutes is amended to read:

AB100-ASA1-AA8,497,8 938.22 (5) A county board of supervisors, or 2 or more county boards of supervisors jointly, may contract with privately operated secure detention facilities, shelter care facilities or home detention programs for purchase of services. A county board of supervisors may delegate this authority to its county department.".

AB100-ASA1-AA8,497,9 1403. Page 1899, line 12: after that line insert:

AB100-ASA1-AA8,497,10 " Section 5253m. 938.222 of the statutes is created to read:

AB100-ASA1-AA8,497,17 938.222 Contracts with private entities for secure detention facility services. (1) The county board of supervisors of any county may contract with a private entity that operates a secure detention facility for the use of the secure detention facility for the holding of juveniles who meet the criteria under s. 48.208, 938.17 (1), 938.183 (1m) (a) or 938.208 or who are subject to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s. 938.355 (6) (d) 1. or short-term detention under s. 938.355 (6d) or 938.534 (1).

AB100-ASA1-AA8,497,18 (2) (a) A contract under sub. (1) shall require all of the following:

AB100-ASA1-AA8,497,22 1. That the private secure detention facility meet or exceed the minimum requirements for the approval and operation of a secure detention facility established by the department by rules promulgated under s. 938.22 (2) (a) and that the private secure detention facility be approved by the department under s. 301.36.

AB100-ASA1-AA8,498,3 2. That the private secure detention facility provide educational programming, health care and other care that is equivalent to that which a juvenile would receive if held in a public secure detention facility.

AB100-ASA1-AA8,498,5 (b) In addition to the requirements under par. (a), a contract under sub. (1) shall include all of the following:

AB100-ASA1-AA8,498,9 1. The rates to be paid by the county for holding a juvenile in the private secure detention facility and the charges to be paid by the county for any extraordinary medical and dental expenses and any programming provided for a juvenile who is held in the private secure detention facility.

AB100-ASA1-AA8,498,11 2. An agreement that the county retains jurisdiction over a juvenile who is held in the private secure detention facility.

AB100-ASA1-AA8,498,13 3. An agreement that the private secure detention facility is subject to investigation and inspection by the department under s. 301.36.

AB100-ASA1-AA8,498,16 4. Any other matters that are necessary and appropriate concerning the obligations, responsibilities and rights of the contracting counties and the department.".

AB100-ASA1-AA8,498,17 1404. Page 1907, line 12: after that line insert:

AB100-ASA1-AA8,498,18 " Section 5275g. 938.396 (1m) (a) of the statutes is amended to read:

AB100-ASA1-AA8,499,2 938.396 (1m) (a) If requested by the school district administrator of a public school district, a A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district or the school district administrator's designee, may, subject to official agency policy, provide to the school district administrator or designee any information in its records relating to the use, possession or distribution of alcohol or a controlled substance or controlled substance analog by a pupil juvenile enrolled in the public school district. The information shall be used by the school district as provided under s. 118.127 (2).

AB100-ASA1-AA8, s. 5275h Section 5275h. 938.396 (1m) (am) of the statutes is amended to read:

AB100-ASA1-AA8,499,10 938.396 (1m) (am) If requested by a school district administrator of a public school district, a A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district or the school district administrator's designee, may, subject to official agency policy, provide to the school district administrator or designee any information in its records relating to the illegal possession by a juvenile of a dangerous weapon, as defined in s. 939.22 (10). The information shall be used by the school district as provided in s. 118.127 (2).

AB100-ASA1-AA8, s. 5275k Section 5275k. 938.396 (1m) (ar) of the statutes is created to read:

AB100-ASA1-AA8,499,19 938.396 (1m) (ar) A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district or the school district administrator's designee, may, subject to official agency policy, provide to the school district administrator or designee any information in its records relating to an act for which a juvenile enrolled in the school district was taken into custody under s. 938.19 based on a law enforcement officer's belief that the juvenile was committing or had committed an act that is a violation specified in s. 938.34 (4h) (a). The information shall be used by the school district as provided in s. 118.127 (2).

AB100-ASA1-AA8, s. 5275m Section 5275m. 938.396 (1m) (b) of the statutes is amended to read:

AB100-ASA1-AA8,500,3 938.396 (1m) (b) If requested by the school district administrator of a public school district, a A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district or the school district administrator's designee, may disclose, subject to official agency policy, provide to the school district administrator or designee any information in its records relating to the act for which a juvenile enrolled in the public school district was adjudged delinquent. The information shall be used by the school district as provided in s. 118.127 (3) (2).".

AB100-ASA1-AA8,500,4 1405. Page 1913, line 4: after that line insert:

AB100-ASA1-AA8,500,5 " Section 5336m. 943.60 (1) of the statutes is amended to read:

AB100-ASA1-AA8,500,11 943.60 (1) Any person who submits for filing, entering or recording any lien, claim of lien, lis pendens, writ of attachment, financing statement or any other instrument relating to a security interest in or title in to real or personal property, knowing and who knows or should have known that the contents or any part of the contents to be of the instrument are false, a sham or frivolous, is guilty of a Class E D felony.".

AB100-ASA1-AA8,500,12 1406. Page 1914, line 19: after that line insert:

AB100-ASA1-AA8,500,14 " Section 5343j. 946.68 (1) of the statutes is renumbered 946.68 (1r) (a) and amended to read:

AB100-ASA1-AA8,500,17 946.68 (1r) (a) Whoever Except as provided in pars. (b) and (c), whoever sends or delivers to another any document which simulates a summons, complaint, or court legal process is guilty of a Class E felony.

AB100-ASA1-AA8,500,19 (b) If the document under par. (a) is sent or delivered with intent thereby to induce payment of a claim, the person is guilty of a Class B misdemeanor D felony.

AB100-ASA1-AA8, s. 5343k Section 5343k. 946.68 (1g) of the statutes is created to read:

AB100-ASA1-AA8,500,24 946.68 (1g) In this section, "legal process" includes a subpoena, summons, complaint, warrant, injunction, writ, notice, pleading, order or other document that directs a person to perform or refrain from performing a specified act and compliance with which is enforceable by a court or governmental agency.

AB100-ASA1-AA8, s. 5343L Section 5343L. 946.68 (1r) (c) of the statutes is created to read:

AB100-ASA1-AA8,501,3 946.68 (1r) (c) If the document under par. (a) simulates any criminal process, the person is guilty of a Class D felony.

AB100-ASA1-AA8, s. 5343m Section 5343m. 946.68 (2) of the statutes is amended to read:

AB100-ASA1-AA8,501,7 946.68 (2) Proof that the a document specified under sub. (1r) was mailed or was delivered to any person with intent that it be forwarded to the intended recipient is sufficient proof of sending.

AB100-ASA1-AA8, s. 5343t Section 5343t. 946.69 (2) (intro.) of the statutes is amended to read:

AB100-ASA1-AA8,501,10 946.69 (2) (intro.) Whoever does any of the following is guilty of a Class A misdemeanor E felony:".

AB100-ASA1-AA8,501,11 1407. Page 1914, line 23: after that line insert:

AB100-ASA1-AA8,501,12 " Section 5346e. 951.01 (3f) of the statutes is created to read:

AB100-ASA1-AA8,501,14 951.01 (3f) "Fire department" includes a volunteer fire department and a department under s. 61.66.

AB100-ASA1-AA8, s. 5346f Section 5346f. 951.095 (title) of the statutes is amended to read:

AB100-ASA1-AA8,501,16 951.095 (title) Harassment of police and fire animals.

AB100-ASA1-AA8, s. 5346g Section 5346g. 951.095 (1) (intro.) of the statutes is amended to read:

AB100-ASA1-AA8,501,20 951.095 (1) (intro.)  No person may do any of the following to any animal that is used by a law enforcement agency or fire department to perform agency or department functions or duties:

AB100-ASA1-AA8, s. 5346h Section 5346h. 951.18 (2m) of the statutes is amended to read:

AB100-ASA1-AA8,502,8 951.18 (2m) Any person who violates s. 951.095 is subject to a Class B forfeiture. Any person who intentionally or negligently violates s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties, is guilty of a Class A misdemeanor. Any person who intentionally violates s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties and causing injury to the animal, is guilty of a Class E felony. Any person who intentionally violates s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties and causing death to the animal, is guilty of a Class D felony.".

AB100-ASA1-AA8,502,9 1408. Page 1914, line 23: after that line insert:

AB100-ASA1-AA8,502,10 " Section 5346d. 949.06 (5) (a) of the statutes is amended to read:

AB100-ASA1-AA8,502,13 949.06 (5) (a) Except as provided in pars. (b) to (e), the department shall make awards under this section from the appropriations under s. 20.455 (5) (b), (j) (kj) and (m).".

AB100-ASA1-AA8,502,14 1409. Page 1927, line 22: after that line insert:

AB100-ASA1-AA8,502,15 " Section 5491d. 980.06 (2) (c) of the statutes is amended to read:

AB100-ASA1-AA8,503,15 980.06 (2) (c) If the court finds that the person is appropriate for supervised release, the court shall notify the department. The department and the county department under s. 51.42 in the county of residence of the person, as determined under s. 980.105, shall prepare a plan that identifies the treatment and services, if any, that the person will receive in the community. The plan shall address the person's need, if any, for supervision, counseling, medication, community support services, residential services, vocational services, and alcohol or other drug abuse treatment. The department may contract with a county department, under s. 51.42 (3) (aw) 1. d., with another public agency or with a private agency to provide the treatment and services identified in the plan. The plan shall specify who will be responsible for providing the treatment and services identified in the plan. The plan shall be presented to the court for its approval within 21 days after the court finding that the person is appropriate for supervised release, unless the department, county department and person to be released request additional time to develop the plan. If the county department of the person's county of residence declines to prepare a plan, the department may arrange for another county to prepare the plan if that county agrees to prepare the plan and if the person will be living in that county. If the department is unable to arrange for another county to prepare a plan, the court shall designate a county department to prepare the plan, order the county department to prepare the plan and place the person on supervised release in that county, except that the court may not so designate the county department in the a county where the a facility in which the person was committed placed for institutional care is located unless that county is also the person's county of residence.".

AB100-ASA1-AA8,503,16 1410. Page 1929, line 15: after that line insert:

AB100-ASA1-AA8,503,17 " Section 5491y. 980.08 (5) of the statutes is amended to read:

AB100-ASA1-AA8,504,17 980.08 (5) If the court finds that the person is appropriate for supervised release, the court shall notify the department. The department and the county department under s. 51.42 in the county of residence of the person, as determined under s. 980.105, shall prepare a plan that identifies the treatment and services, if any, that the person will receive in the community. The plan shall address the person's need, if any, for supervision, counseling, medication, community support services, residential services, vocational services, and alcohol or other drug abuse treatment. The department may contract with a county department, under s. 51.42 (3) (aw) 1. d., with another public agency or with a private agency to provide the treatment and services identified in the plan. The plan shall specify who will be responsible for providing the treatment and services identified in the plan. The plan shall be presented to the court for its approval within 60 days after the court finding that the person is appropriate for supervised release, unless the department, county department and person to be released request additional time to develop the plan. If the county department of the person's county of residence declines to prepare a plan, the department may arrange for another county to prepare the plan if that county agrees to prepare the plan and if the person will be living in that county. If the department is unable to arrange for another county to prepare a plan, the court shall designate a county department to prepare the plan, order the county department to prepare the plan and place the person on supervised release in that county, except that the court may not so designate the county department in the a county where the a facility in which the person was committed placed for institutional care is located unless that county is also the person's county of residence.".

AB100-ASA1-AA8,504,18 1411. Page 1930, line 19: after that line insert:

AB100-ASA1-AA8,504,20 " Section 5503h. 1995 Wisconsin Act 27, section 9148 (3z) (b) is amended to read:

AB100-ASA1-AA8,505,3 [1995 Wisconsin Act 27] Section 9148 (3z) (b) Any person who holds a permit, license or certificate issued by the department of revenue that expires on or after December 31, 1995, for an activity for which a business tax registration certificate is required on or after January 1, 1996, shall, upon application, be issued at no charge a business tax registration certificate under section 73.03 (50) of the statutes, as created by this act, that expires on a date that is determined by the department of revenue and that is between January 1, 1998, and December 31, 1999.".

AB100-ASA1-AA8,505,4 1412. Page 1934, line 4: delete lines 4 and 5.

AB100-ASA1-AA8,505,5 1413. Page 1934, line 7: delete that line.

AB100-ASA1-AA8,505,6 1414. Page 1934, line 8: after that line insert:

AB100-ASA1-AA8,505,7 " Section 5509m. 1995 Wisconsin Act 445, section 14 is repealed.

AB100-ASA1-AA8, s. 5510d Section 5510d. 1995 Wisconsin Act 445, section 23 (1) is amended to read:

AB100-ASA1-AA8,505,12 [1995 Wisconsin Act 445] Section 23 (1) The repeal of sections 14.26 (4m) and 20.395 (5) (qr) of the statutes and the amendment of sections 341.14 (6r) (bm) 1. (by Section 14), (c) (by Section 16) and (e) (by Section 18) and 341.16 (1) (b) (by Section 22) of the statutes take effect on January 1, 1999.".

AB100-ASA1-AA8,505,13 1415. Page 1934, line 9: delete lines 9 to 12 and substitute:

AB100-ASA1-AA8,505,14 " Section 5510em. 1995 Wisconsin Act 445, section 23 (2) is amended to read:

AB100-ASA1-AA8,505,17 [1995 Wisconsin Act 445] Section 23 (2) The repeal of sections 13.101 (3m), 20.525 (1) (k) and (qr), 20.865 (4) (c), 25.40 (2) (b) 20p. and 341.14 (6r) (bg) and (f) 52. of the statutes takes effect on July 1, 1999.".

AB100-ASA1-AA8,505,18 1416. Page 1934, line 13: delete lines 13 to 19 and substitute:

AB100-ASA1-AA8,505,19 " Section 5510j. 1995 Wisconsin Act 453, section 5g is repealed.

AB100-ASA1-AA8, s. 5510n Section 5510n. 1995 Wisconsin Act 453, section 12 (1) (b) is repealed.".

AB100-ASA1-AA8,505,23 1417. Page 1935, line 2: delete "young adults" and substitute "young adults not more than 21 years of age and who are not violent offenders, as determined by the department of corrections".

AB100-ASA1-AA8,505,24 1418. Page 1935, line 13: after that line insert:

AB100-ASA1-AA8,506,6 "(1c) Supplemental title fee matching. Notwithstanding section 20.855 (4) (f) of the statutes, as created by this act, the transfer of funds from the general fund to the environmental fund in an amount equal to the amount of supplemental title fees collected under section 342.14 (3m) of the statutes, as affected by this act, for 1997 shall be made no later than October 15, 1997, or the 15th day after the date on which certification is made under Section 9149 (1c) of this act, whichever is later.".

AB100-ASA1-AA8,506,7 1419. Page 1940, line 22: after that line insert:

AB100-ASA1-AA8,506,14 "(10mg)  Educational technology block grants and library aids. Notwithstanding sections 43.70 (2) and 44.72 (2) (a) of the statutes, as affected by this act, educational technology block grants and library aids shall be distributed in the 1997-98 school year to eligible school districts, including union high school districts, in proportion to the number of persons who resided in each school district, as specified under section 43.70 (1) of the statutes, as affected by this act, on June 30, 1997, as estimated by the department of public instruction.".

AB100-ASA1-AA8,506,16 1420. Page 1941, line 2: delete "September 1, 1997" and substitute "January 1, 1998

AB100-ASA1-AA8,506,17 1421. Page 1941, line 19: after that line insert:

AB100-ASA1-AA8,507,7 "(12pg)  Aid to Wisconsin Lake Schooner Education Association. From the appropriation under section 20.505 (1) (gm) of the statutes, as created by this act, the department of administration shall provide financial assistance in an amount not to exceed $200,000 to the Wisconsin Lake Schooner Education Association for the construction of a tall sailing ship to represent this state as a part of the sesquicentennial of Wisconsin statehood in 1998. The department shall provide the assistance authorized under this subsection upon written agreement with the Wisconsin Lake Schooner Education Association to use the assistance for the purpose specified in this subsection. The agreement shall permit the Wisconsin Lake Schooner Education Association to be reimbursed for expenses incurred prior to the effective date of this subsection. This subsection does not apply after May 31, 1999, or after the date on which the governor notifies the director of the historical society of acceptance of the report under section 14.26 (6) of the statutes, as affected by this act, whichever is later.".

AB100-ASA1-AA8,507,8 1422. Page 1941, line 22: after that line insert:

AB100-ASA1-AA8,507,9 "(13m) Repeal of the depository selection board.

AB100-ASA1-AA8,507,15 (a) Rules and orders. All rules promulgated by the depository selection board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the state treasurer. All orders issued by the depository selection board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the state treasurer.

AB100-ASA1-AA8,507,20 (b) Pending matters. Any matter pending with the depository selection board on the effective date of this paragraph is transferred to the state treasurer and all materials submitted to or actions taken by the depository selection board with respect to the pending matter are considered as having been submitted to or taken by the state treasurer.".

AB100-ASA1-AA8,507,21 1423. Page 1941, line 22: after that line insert:

AB100-ASA1-AA8,508,18 "(13p) Educational technology hardware and software purchases. The technology for educational achievement in Wisconsin board shall use the procedure under section 227.24 of the statutes to propose emergency rules establishing standards and specifications for purchases of educational technology hardware and software by school districts, cooperative educational service agencies, technical college districts and the board of regents of the University of Wisconsin System under section 44.71 (2) (g) of the statutes, as created by this act. Prior to promulgation of emergency rules under this subsection, the board shall submit the proposed emergency rules to the cochairpersons of the joint committee on finance. If the cochairpersons of the committee do not notify the board that the committee has scheduled a meeting for the purpose of reviewing the proposed emergency rules within 14 working days after the date of the board's submittal, the board shall promulgate the emergency rules as proposed by the board. If, within 14 working days after the date of the board's submittal, the cochairpersons of the committee notify the board that the committee has scheduled a meeting for the purpose of reviewing the proposed emergency rules, the board shall promulgate the emergency rules only upon approval of the committee. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the board need not provide evidence of the necessity of preserving the public peace, health, safety or welfare in promulgating rules under this subsection. Notwithstanding section 227.24 (3) of the statutes, no statement is required to be filed with such emergency rules.".