AB133-ASA1,1427,88
814.63
(3) (a) Penalty assessment imposed by s.
165.87 757.05.
AB133-ASA1,1427,1010
814.63
(3) (ai) Consumer information assessment imposed by s. 100.261.
AB133-ASA1,1427,1712
814.635
(1) Except for an action for a safety belt use violation under s. 347.48
13(2m), the clerk of circuit court shall charge and collect a
$7 $9 justice information
14system fee from any person, including any governmental unit as defined in s. 108.02
15(17), paying a fee under s. 814.61 (1) (a), (3) or (8) (am), 814.62 (1), (2) or (3) (a) or (b)
16or 814.63 (1). The justice information system fee is in addition to the other fees listed
17in this section.
AB133-ASA1,1427,1919
815.18
(3) (o)
Tuition units. Tuition units purchased under s.
16.24 14.63.
AB133-ASA1,1427,2421
823.08
(3) (c) 2. If the agricultural use or agricultural practice alleged to be a
22nuisance was begun before October 14, 1997, a department may advise the court
23under subd. 1. only if the department determines that cost-sharing is available to
24the defendant under s. 92.14
, 281.16 (5) or 281.65 or from any other source.
AB133-ASA1,1428,6
1859.02
(2) (a) It is a claim based on tort, on a marital property agreement that
2is subject to the time limitations under s. 766.58 (13) (b) or (c), on Wisconsin income,
3franchise, sales, withholding, gift or death taxes, or on unemployment insurance
4contributions due or benefits overpaid
,; a claim for funeral or administrative
5expenses
,; a claim of this state under s. 46.27 (7g), 49.496 or 49.682
or rules
6promulgated under s. 46.286 (7); or a claim of the United States; or
AB133-ASA1,1428,208
859.07
(2) If the decedent was at the time of death or at any time prior thereto
9a patient or inmate of any state or county hospital or institution or any person
10responsible for any obligation owing to the state or county under s. 46.03 (18), 46.10,
1148.36, 301.03 (18), 301.12 or 938.36 or if the decedent or the spouse of the decedent
12ever received
the family care benefit under s. 46.286, medical assistance under
13subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7)
14or aid under s. 49.68, 49.683 or 49.685, the personal representative shall send notice
15in writing of the date set under s. 859.01 by registered or certified mail to the
16department of health and family services or the department of corrections, as
17applicable, and the county clerk of the applicable county not less than 30 days before
18the date set under s. 859.01, upon such blanks and containing such information as
19the applicable department or county clerk may provide. The applicable county is the
20county of residence, as defined in s. 49.001 (6).
AB133-ASA1,1428,2522
867.01
(3) (a) 4. Whether the decedent or the decedent's spouse received
the
23family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49,
24long-term community support services funded under s. 46.27 (7) or aid under s.
2549.68, 49.683 or 49.685.
AB133-ASA1,1429,82
867.01
(3) (d)
Notice. The court may hear the matter without notice or order
3notice to be given under s. 879.03. If the decedent or the decedent's spouse received
4the family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49,
5long-term community support services funded under s. 46.27 (7) or aid under s.
649.68, 49.683 or 49.685, the petitioner shall give notice by certified mail to the
7department of health and family services as soon as practicable after filing the
8petition with the court.
AB133-ASA1,1429,1310
867.02
(2) (a) 6. Whether the decedent or the decedent's spouse received
the
11family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49,
12long-term community support services funded under s. 46.27 (7) or aid under s.
1349.68, 49.683 or 49.685.
AB133-ASA1,1429,1815
867.03
(1g) (c) Whether the decedent or the decedent's spouse ever received
the
16family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49,
17long-term community support services funded under s. 46.27 (7) or aid under s.
1849.68, 49.683 or 49.685.
AB133-ASA1,1430,520
867.03
(1m) (a) Whenever an heir or person who was guardian of the decedent
21at the time of the decedent's death intends to transfer a decedent's property by
22affidavit under sub. (1g) and the decedent or the decedent's spouse ever received
the
23family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49,
24long-term community support services funded under s. 46.27 (7) or aid under s.
2549.68, 49.683 or 49.685, the heir or person who was guardian of the decedent at the
1time of the decedent's death shall give notice to the department of health and family
2services of his or her intent. The notice shall include the information in the affidavit
3under sub. (1g) and the heir or person who was guardian of the decedent at the time
4of the decedent's death shall give the notice by certified mail, return receipt
5requested.
AB133-ASA1,1430,157
867.03
(1m) (b) An heir or person who was guardian of the decedent at the time
8of the decedent's death who files an affidavit under sub. (1g) that states that the
9decedent or the decedent's spouse received
the family care benefit under s. 46.286, 10medical assistance under subch. IV of ch. 49, long-term community support services
11funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685 shall attach to the
12affidavit the proof of mail delivery of the notice required under par. (a) showing a
13delivery date that is not less than 10 days before the day on which the heir or person
14who was guardian of the decedent at the time of the decedent's death files the
15affidavit.
AB133-ASA1, s. 3110
16Section
3110. 867.035 (1) (a) (intro.) of the statutes is amended to read:
AB133-ASA1,1431,217
867.035
(1) (a) (intro.) Except as provided in par. (bm), the department of
18health and family services may collect from the property of a decedent, including
19funds of a decedent that are held by the decedent immediately before death in a joint
20account or a P.O.D. account, by affidavit under this section an amount equal to the
21medical assistance that is recoverable under s. 49.496 (3) (a), the long-term
22community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c)
231.
, the family care benefit that is recoverable under rules promulgated under s.
2446.286 (7) or the aid under s. 49.68, 49.683 or 49.685 that is recoverable under s.
149.682 (2) (a) and that was paid on behalf of the decedent or the decedent's spouse,
2if all of the following conditions are satisfied:
AB133-ASA1,1431,114
867.035
(4) From the appropriation under s. 20.435
(5) (4) (im), with respect
5to funds collected by the department under sub. (1) related to medical assistance paid
6on behalf of the decedent or the decedent's spouse, the department of health and
7family services shall pay claims under sub. (3), shall pay to the federal government
8from the amount recovered under this section and not paid out as claims under sub.
9(3) an amount equal to the amount of federal funds used to pay the benefits recovered
10under this section and shall spend the remainder of the amount recovered under this
11section for medical assistance benefits under subch. IV of ch. 49.
AB133-ASA1,1431,1813
938.02
(6) "Foster home" means any facility that is operated by a person
14required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for
15no more than 4 juveniles
unless all of the juveniles are siblings or, if necessary to
16enable a sibling group to remain together, for no more than 6 juveniles or, if the
17department of health and family services promulgates rules permitting a different
18number of juveniles, for the number of juveniles permitted under those rules.
AB133-ASA1,1431,2220
938.02
(14m) "Pupil assistance program" means a program provided by a
21school board under s.
115.362 (4) (b) 2. 115.361 to intervene in the abuse of alcohol
22and other drugs by pupils.
AB133-ASA1,1432,2124
938.24
(5) The intake worker shall request that a petition be filed, enter into
25a deferred prosecution agreement or close the case within 40 days or sooner of receipt
1of referral information. Before entering into a deferred prosecution agreement, the
2intake worker shall comply with s. 938.245 (1m), if applicable. If the case is closed
3or a deferred prosecution agreement is entered into, the district attorney, corporation
4counsel or other official under s. 938.09 shall receive written notice of such action.
5If the case is closed, the known victims of the juvenile's alleged act shall receive notice
6as provided under sub. (5m), if applicable.
In addition, if a deferred prosecution
7agreement is entered into placing a juvenile in a youth village program as described
8in s. 118.42, the judge or juvenile court commissioner shall receive written notice of
9such action and, on receipt of that notice, shall enter an order requiring compliance
10with that agreement. A notice of deferred prosecution of an alleged delinquency case
11shall include a summary of the facts surrounding the allegation and a list of prior
12intake referrals and dispositions. If a law enforcement officer has made a
13recommendation concerning the juvenile, the intake worker shall forward this
14recommendation to the district attorney under s. 938.09. Notwithstanding the
15requirements of this section, the district attorney may initiate a delinquency petition
16under s. 938.25 within 20 days after notice that the case has been closed or that a
17deferred prosecution agreement has been entered into. The judge shall grant
18appropriate relief as provided in s. 938.315 (3) with respect to any such petition
19which is not referred or filed within the time limits specified within this subsection.
20Failure to object if a petition is not referred or filed within a time limit specified in
21this subsection waives that time limit.
AB133-ASA1,1433,3
1938.245
(2) (b) A deferred prosecution agreement
, other than an agreement
2under par. (a) 9., may not include any form of out-of-home placement and may not
3exceed one year.
AB133-ASA1,1433,125
938.245
(3) The obligations imposed under a deferred prosecution agreement
6and its effective date shall be set forth in writing.
If the deferred prosecution
7agreement places the juvenile in a youth village program under sub. (2) (a) 9., the
8judge or juvenile court commissioner shall receive written notice that a deferred
9prosecution agreement has been entered into and, on receipt of that notice, shall
10enter an order requiring compliance with that agreement. The juvenile and a parent,
11guardian and legal custodian shall receive a copy of the agreement and order, as shall
12any agency providing services under the agreement.
AB133-ASA1,1433,2214
938.245
(4) The intake worker shall inform the juvenile and the juvenile's
15parent, guardian and legal custodian in writing of their right to terminate
or, if the
16juvenile is subject to a deferred prosecution agreement under sub. (2) (a) 9., to
17request the court to terminate the deferred prosecution agreement at any time or to
18object at any time to the fact or terms of the deferred prosecution agreement. If an
19objection arises the intake worker may alter the terms of the agreement or request
20the district attorney or corporation counsel to file a petition. If the deferred
21prosecution agreement is terminated the intake worker may request the district
22attorney or corporation counsel to file a petition.
AB133-ASA1,1434,224
938.245
(5) A deferred prosecution agreement under sub. (2) (a) 1. to 8., (2g)
25or (2v). may be terminated upon the request of the juvenile, parent, guardian or legal
1custodian.
A deferred prosecution agreement under sub. (2) (a) 9. may be terminated
2by the court upon the request of the juvenile, parent, guardian or legal custodian.
AB133-ASA1,1434,154
938.32
(1) (a) At any time after the filing of a petition for a proceeding relating
5to s. 938.12 or 938.13 and before the entry of judgment, the judge or juvenile court
6commissioner may suspend the proceedings and place the juvenile under
7supervision in the juvenile's own home or present placement
or in a youth village
8program as described in s. 118.42. The court may establish terms and conditions
9applicable to the parent, guardian or legal custodian, and to the juvenile, including
10any of the conditions specified in subs. (1d), (1g), (1m), (1t), (1v) and (1x). The order
11under this section shall be known as a consent decree and must be agreed to by the
12juvenile; the parent, guardian or legal custodian; and the person filing the petition
13under s. 938.25. If the consent decree includes any conditions specified in sub. (1g),
14the consent decree shall include provisions for payment of the services as specified
15in s. 938.361. The consent decree shall be reduced to writing and given to the parties.
AB133-ASA1,1435,217
938.32
(2) (c) Upon the motion of the court or the application of the juvenile,
18parent, guardian, legal custodian, intake worker or any agency supervising the
19juvenile under the consent decree, the court may, after giving notice to the parties
20to the consent decree and their counsel, if any, extend the decree for up to an
21additional 6 months
or, if the consent decree places the juvenile in a youth village
22program as described in s. 118.42, for up to an additional one year in the absence of
23objection to extension by the parties to the initial consent decree. If the parent,
24guardian or legal custodian objects to the extension, the court shall schedule a
25hearing and make a determination on the issue of extension.
A consent decree
1placing a juvenile in a youth village program as described in s. 118.42 may be
2extended no more than twice.
AB133-ASA1,1435,85
938.34
(5m) Community service work program. Order the juvenile to
6participate in a youth corps program, as defined in s.
16.22 46.78 (1) (dm) or another
7community service work program, if the sponsor of the program approves the
8juvenile's participation in the program.
AB133-ASA1,1435,1310
938.532
(1) Program. The From the appropriations under s. 20.410 (3) (bb) and
11(hm), the department shall provide a juvenile boot camp program for juveniles who
12have been placed under the supervision of the department under s. 938.183, 938.34
13(4h) or (4m) or 938.357 (4).
AB133-ASA1,1436,1615
938.533
(2) Corrective sanctions program. From the appropriation under s.
1620.410 (3) (hr), the department shall provide a corrective sanctions program to serve
17an average daily population of
106 juveniles in fiscal year 1997-98 and 136 juveniles
18in fiscal year 1998-99, or an average daily population of more than
106 juveniles in
19fiscal year 1997-98 and 136 juveniles
in fiscal year 1998-99 if the appropriation
20under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions
21for the program are increased under s. 13.101 or 16.505 (2) or if funding and positions
22to serve more than
those that average daily
populations population are otherwise
23available, in not less than 3 counties, including Milwaukee County. The office of
24juvenile offender review in the department shall evaluate and select for participation
25in the program juveniles who have been placed under the supervision of the
1department under s. 938.183, 938.34 (4h) or (4m) or 938.357 (4). The department
2shall place a program participant in the community, provide intensive surveillance
3of that participant and provide an average of
$5,000
$3,000 per year per slot to
4purchase community-based treatment services for each participant. The
5department shall make the intensive surveillance required under this subsection
6available 24 hours a day, 7 days a week, and may purchase or provide electronic
7monitoring for the intensive surveillance of program participants. The department
8shall provide a report center in Milwaukee County to provide on-site programming
9after school and in the evening for juveniles from Milwaukee County who are placed
10in the corrective sanctions program. A contact worker providing services under the
11program shall have a case load of approximately 10 juveniles and, during the initial
12phase of placement in the community under the program of a juvenile who is
13assigned to that contact worker, shall have not less than one face-to-face contact per
14day with that juvenile. Case management services under the program shall be
15provided by a corrective sanctions agent who shall have a case load of approximately
1615 juveniles. The department shall promulgate rules to implement the program.
AB133-ASA1,1436,1918
943.13
(4m) (c) A person entering or remaining on any exposed shore area of
19a stream as authorized under s. 30.134.
AB133-ASA1,1436,2321
944.21
(8) (b) 3. a. Is a technical college, is a school approved by the educational
22approval board under s.
39.51 45.54 or is a school described in s.
39.51 (9) (f), (g) or
23(h) 45.54 (1) (e) 6., 7. or 8.; and
AB133-ASA1,1437,5
1946.13
(10) Subsection (1) (a) does not apply to a member of a
private industry
2council or appointed under the job training partnership act, 29 USC 1512, local
3workforce development board established under 29 USC 2832 or to a member of the
4governor's council on workforce excellence appointed under s. 15.227 (24) council on
5workforce investment established under 29 USC 2821.
AB133-ASA1,1437,217
946.15
(1) Any employer, or any agent or employe of an employer, who induces
8any person who seeks to be or is employed pursuant to a public contract as defined
9in s. 66.29 (1) (c) or who seeks to be or is employed on a project on which a prevailing
10wage rate determination has been issued by the department of workforce
11development under s.
20.924 (1) (i) 3. or (j) 3. c., 66.293 (3), 103.49 (3) or 103.50 (3)
12or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) to
13give up, waive or return any part of the compensation to which that person is entitled
14under his or her contract of employment or under the prevailing wage rate
15determination issued by the department or local governmental unit, or who reduces
16the hourly basic rate of pay normally paid to an employe for work on a project on
17which a prevailing wage rate determination has not been issued under s.
20.924 (1)
18(i) 3. or (j) 3. c., 66.293 (3) or (6), 103.49 (3) or 103.50 (3) during a week in which the
19employe works both on a project on which a prevailing wage rate determination has
20been issued and on a project on which a prevailing wage rate determination has not
21been issued, is guilty of a Class E felony.
AB133-ASA1,1438,1123
946.15
(2) Any person employed pursuant to a public contract as defined in s.
2466.29 (1) (c) or employed on a project on which a prevailing wage rate determination
25has been issued by the department of workforce development under s.
20.924 (1) (i)
13. or (j) 3. c., 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as
2defined in s. 66.293 (1) (d), under s. 66.293 (6) who gives up, waives or returns to the
3employer or agent of the employer any part of the compensation to which the employe
4is entitled under his or her contract of employment or under the prevailing wage
5determination issued by the department or local governmental unit, or who gives up
6any part of the compensation to which he or she is normally entitled for work on a
7project on which a prevailing wage rate determination has not been issued under s.
820.924 (1) (i) 3. or (j) 3. c., 66.293 (3) or (6), 103.49 (3) or 103.50 (3) during a week in
9which the person works part-time on a project on which a prevailing wage rate
10determination has been issued and part-time on a project on which a prevailing
11wage rate determination has not been issued, is guilty of a Class C misdemeanor.
AB133-ASA1,1438,2213
946.15
(3) Any employer or labor organization, or any agent or employe of an
14employer or labor organization, who induces any person who seeks to be or is
15employed on a project on which a prevailing wage rate determination has been issued
16by the department of workforce development under s.
20.924 (1) (i) 3. or (j) 3. c., 1766.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s.
1866.293 (1) (d), under s. 66.293 (6) to permit any part of the wages to which that person
19is entitled under the prevailing wage rate determination issued by the department
20or local governmental unit to be deducted from the person's pay is guilty of a Class E
21felony, unless the deduction would be permitted under
29 CFR 3.5 or
3.6 from a
22person who is working on a project that is subject to
40 USC 276c.
AB133-ASA1,1439,724
946.15
(4) Any person employed on a project on which a prevailing wage rate
25determination has been issued by the department of workforce development under
1s.
20.924 (1) (i) 3. or (j) 3. c., 66.293 (3), 103.49 (3) or 103.50 (3) or by a local
2governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) who permits any
3part of the wages to which that person is entitled under the prevailing wage rate
4determination issued by the department or local governmental unit to be deducted
5from his or her pay is guilty of a Class C misdemeanor, unless the deduction would
6be permitted under
29 CFR 3.5 or
3.6 from a person who is working on a project that
7is subject to
40 USC 276c.
AB133-ASA1,1439,119
948.11
(4) (b) 3. a. Is a technical college, is a school approved by the educational
10approval board under s.
39.51 45.54 or is a school described in s.
39.51 (9) (f), (g) or
11(h) 45.54 (1) (e) 6., 7. or 8.; and
AB133-ASA1,1439,1413
948.24
(1) (b) For anything of value, solicits, negotiates or arranges the
14placement of a child for adoption except under s. 48.833
(1).
AB133-ASA1, s. 3198
15Section
3198. 949.08 (2) (g) of the statutes is repealed and recreated to read:
AB133-ASA1,1439,1916
949.08
(2) (g) Is included on the statewide support lien docket under s. 49.854
17(2) (b), unless the victim provides to the department a payment agreement that has
18been approved by the county child support agency under s. 59.53 (5) and that is
19consistent with rules promulgated under s. 49.858 (2) (a).
AB133-ASA1,1439,2321
950.04
(1v) (xm) To have the department of health and family services make
22a reasonable attempt to notify the victim under s. 980.11 regarding supervised
23release under s.
980.06 980.08 and discharge under s. 980.09 or 980.10.
AB133-ASA1,1440,8
1950.06
(2) The costs of providing services under sub. (1m) shall be paid for by
2the county, but the county is eligible to receive reimbursement from the state for not
3more than 90% of the costs incurred in providing those services. The department
4shall determine the level of services for which a county may be reimbursed. The
5county board shall file a claim for reimbursement with the department. The
6department shall reimburse counties under this subsection from the appropriation
7under s. 20.455 (5)
(k), (kk)
and (kp) and, on a semiannual basis, from the
8appropriations under s. 20.455 (5) (c) and (g).
AB133-ASA1,1440,1510
950.06
(5) The department shall review and approve the implementation and
11operation of programs and the annual reports under this section. The department
12may suspend or terminate reimbursement under
s. 20.455 (5) (c) and (g) sub. (2) if
13the county fails to comply with its duties under this section. The department shall
14promulgate rules under ch. 227 for implementing and administering county
15programs approved under this section.
AB133-ASA1,1440,2117
973.032
(2) (b) Notwithstanding par. (a), a court may not sentence a person
18under sub. (1) if he or she is convicted of a felony punishable by life imprisonment
19or has at any time been convicted, adjudicated delinquent or found not guilty or not
20responsible by reason of insanity or mental disease, defect or illness for committing
21a violent offense, as defined in s. 301.048 (2) (bm).
AB133-ASA1, s. 3202e
22Section 3202e. 973.046 (1) (intro.) of the statutes is renumbered 973.046 (1r)
23and amended to read:
AB133-ASA1,1441,3
1973.046
(1r) If a court imposes a sentence or places a person on probation
under
2any of the following circumstances for a violation of s. 940.225, 948.02 (1) or (2) or
3948.025, the court shall impose a deoxyribonucleic acid analysis surcharge of $250
:.
