AB133-ASA1-AA2,517,1
1" Section 3312m. 891.455 (4) of the statutes is created to read:
AB133-ASA1-AA2,517,52 891.455 (4) The presumption under sub. (2) for cancers caused by smoking or
3tobacco product use shall not apply to any municipal fire fighter who smokes
4cigarettes, as defined in s. 139.30 (1), or who uses a tobacco product, as defined in s.
5139.75 (12), after January 1, 2001.".
AB133-ASA1-AA2,517,6 61005. Page 1431, line 11: after that line insert:
AB133-ASA1-AA2,517,7 7" Section 3113m. 895.58 of the statutes is created to read:
AB133-ASA1-AA2,517,9 8895.58 Liability exemption; use of special waste under public works
9contracts.
(1) In this section:
AB133-ASA1-AA2,517,1010 (a) "Department" means the department of natural resources.
AB133-ASA1-AA2,517,1411 (b) "Local governmental unit" means a political subdivision of this state, a
12special purpose district in this state, an agency or corporation of such a political
13subdivision or special purpose district, or a combination or subunit of any of the
14foregoing.
AB133-ASA1-AA2,517,1615 (c) "Public works project" means any work done under contract to a state agency
16or local governmental unit.
AB133-ASA1-AA2,517,1817 (d) "Special waste" means any solid waste which is characterized for beneficial
18use in public works projects by the department of natural resources.
AB133-ASA1-AA2,517,24 19(2) The department may characterize a solid waste for beneficial use in public
20works projects by rule, memorandum of understanding between itself and other
21state agencies or local governmental units, or on a case-by-case basis. The
22department shall compile and maintain a list of special wastes in a format readily
23available to the general public and only those special wastes may be required to be
24used in a public works project.
AB133-ASA1-AA2,518,2
1(3) Special waste, when used in a public works project, is not subject to
2regulation as solid waste under ch. 289.
AB133-ASA1-AA2,518,6 3(4) A person is immune from liability for the use of special waste on a public
4works project or for damages resulting from the person's actions or omissions
5relating to the use of the special waste on a public works project if all of the following
6apply:
AB133-ASA1-AA2,518,117 (a) The acts or omissions by the person occurred while performing work under
8a contract for a public works project including acts or omissions by any person who
9has a direct contractual relationship with the prime contractor, as defined in s.
10779.01 (2) (d), under a contract for a public works project to perform labor or furnish
11materials.
AB133-ASA1-AA2,518,1412 (b) The acts or omissions involving the special wastes were required or
13permitted in a contract for a public works project and the acts or omissions conformed
14to the provisions of the contract.
AB133-ASA1-AA2,518,16 15(5) Subsection (4) does not apply to any person to whom either of the following
16applies:
AB133-ASA1-AA2,518,1817 (a) The person's act or omission involved reckless, wanton or intentional
18misconduct.
AB133-ASA1-AA2,518,1919 (b) The person's act or omission resulted in injury or death to an individual.".
AB133-ASA1-AA2,518,20 201006. Page 1431, line 11: after that line insert:
AB133-ASA1-AA2,518,21 21" Section 3111m. 895.035 (4) of the statutes is amended to read:
AB133-ASA1-AA2,519,622 895.035 (4) Except for recovery under sub. (4a) or for retail theft under s.
23943.51, the maximum recovery under this section from any parent or parents may
24not exceed the amount specified in s. 799.01 (1) (d) for damages resulting from any

1one act of a juvenile in addition to taxable costs and disbursements and reasonable
2attorney fees, as determined by the court. If 2 or more juveniles in the custody of the
3same parent or parents commit the same act the total recovery under this section
4may not exceed the amount specified in s. 799.01 (1) (d), in addition to taxable costs
5and disbursements. The maximum recovery from any parent or parents for retail
6theft by their minor child is established under s. 943.51.
AB133-ASA1-AA2, s. 3111t 7Section 3111t. 895.035 (4a) of the statutes is created to read:
AB133-ASA1-AA2,519,138 895.035 (4a) (a) The maximum recovery under this section by a school board
9or a governing body of a private school from any parent or parents with custody of
10a minor child may not exceed $20,000 for damages resulting from any one act of the
11minor child in addition to taxable costs and disbursements and reasonable attorney
12fees, as determined by the court, for damages caused to the school board or the
13governing body of a private school by any of the following actions of the minor child:
AB133-ASA1-AA2,519,1714 1. An act or threat that endangers the property, health or safety of persons at
15the school or under the supervision of a school authority or that damages the
16property of a school board or the governing body of a private school and that results
17in a substantial disruption of a school day or a school activity.
AB133-ASA1-AA2,519,1918 2. An act resulting in a violation of s. 943.01, 943.02, 943.03, 943.05, 943.06 or
19947.015.
AB133-ASA1-AA2,519,2320 (b) In addition to other recoverable damages, damages under par. (a) may
21include the cost to the school board or the governing body of a private school in loss
22of instructional time directly resulting from the action of the minor child under par.
23(a).
AB133-ASA1-AA2,520,224 (c) If 2 or more minor children in the custody of the same parent or parents are
25involved in the same action under par. (a), the total recovery may not exceed $20,000,

1in addition to taxable costs, disbursements and reasonable attorney fees, as
2determined by the court.
AB133-ASA1-AA2,520,53 (d) If an insurance policy does not explicitly provide coverage for actions under
4par. (a), the issuer of that policy is not liable for the damages resulting from those
5actions.".
AB133-ASA1-AA2,520,6 61007. Page 1431, line 11: after that line insert:
AB133-ASA1-AA2,520,7 7" Section 3113h. 895.517 (1) (d) of the statutes is repealed.
AB133-ASA1-AA2, s. 3113i 8Section 3113i. 895.517 (2) of the statutes is amended to read:
AB133-ASA1-AA2,520,149 895.517 (2) Any person who donates or sells, at a price not exceeding overhead
10and transportation costs, solid waste, or a material that is separated from mixed soil
11waste, to a materials reuse program that is operated by a charitable organization,
12or municipality or responsible unit is immune from civil liability for the death of or
13injury to an individual or the damage to property caused by the solid waste or
14material donated or sold by the person.".
AB133-ASA1-AA2,520,15 151008. Page 1431, line 22: after that line insert:
AB133-ASA1-AA2,520,16 16" Section 3117d. 938.02 (15g) of the statutes is amended to read:
AB133-ASA1-AA2,520,1917 938.02 (15g) "Secured child caring institution" means a child caring institution
18operated by a child welfare agency that is licensed under s. 48.66 (1) (b) to hold in
19secure custody persons adjudged delinquent.
AB133-ASA1-AA2, s. 3118d 20Section 3118d. 938.02 (15m) of the statutes is amended to read:
AB133-ASA1-AA2,521,321 938.02 (15m) "Secured correctional facility" means a correctional institution
22operated or contracted for by the department of corrections or operated by the
23department of health and family services for holding in secure custody persons
24adjudged delinquent. "Secured correctional facility" includes the Mendota juvenile

1treatment center under s. 46.057, the facility at which the juvenile boot camp
2program under s. 938.532 is operated, and a facility authorized under s. 938.533 (3)
3(b), 938.538 (4) (b) or 938.539 (5).
AB133-ASA1-AA2, s. 3119d 4Section 3119d. 938.02 (15p) of the statutes is created to read:
AB133-ASA1-AA2,521,75 938.02 (15p) "Secured group home" means a group home that is licensed under
6s. 48.66 (1) (b) to hold in secure custody persons who have been convicted under s.
7938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4m).
AB133-ASA1-AA2, s. 3120d 8Section 3120d. 938.02 (17) of the statutes is amended to read:
AB133-ASA1-AA2,521,119 938.02 (17) "Shelter care facility" means a nonsecure place of temporary care
10and physical custody for juveniles, including a holdover room, licensed by the
11department of health and family services under s. 48.66 (1) (a).
AB133-ASA1-AA2, s. 3123d 12Section 3123d. 938.069 (1) (dj) of the statutes is amended to read:
AB133-ASA1-AA2,521,1513 938.069 (1) (dj) Provide aftercare services for a juvenile who has been released
14from a secured correctional facility or, a secured child caring institution or a secured
15group home
.
AB133-ASA1-AA2, s. 3124d 16Section 3124d. 938.08 (3) (a) (intro.) of the statutes is amended to read:
AB133-ASA1-AA2,521,2317 938.08 (3) (a) (intro.) In addition to the law enforcement authority specified in
18sub. (2), department personnel designated by the department and, personnel of an
19agency contracted with under s. 301.08 (1) (b) 3. designated by agreement between
20the agency and the department and personnel of a county contracted with under s.
21301.08 (1) (b) 4. designated by agreement between the county and the department

22have the power of law enforcement authorities to take a juvenile into physical
23custody under the following conditions:
AB133-ASA1-AA2, s. 3125d 24Section 3125d. 938.08 (3) (a) 1. of the statutes is amended to read:
AB133-ASA1-AA2,522,3
1938.08 (3) (a) 1. If they are in prompt pursuit of a juvenile who has run away
2from a secured correctional facility or, a child caring institution or a secured group
3home
.
AB133-ASA1-AA2, s. 3126d 4Section 3126d. 938.08 (3) (a) 2. of the statutes is amended to read:
AB133-ASA1-AA2,522,75 938.08 (3) (a) 2. If the juvenile has failed to return to a secured correctional
6facility or, a child caring institution or a secured group home after any authorized
7absence.
AB133-ASA1-AA2, s. 3127d 8Section 3127d. 938.08 (3) (b) of the statutes is amended to read:
AB133-ASA1-AA2,522,129 938.08 (3) (b) A juvenile who is taken into custody under par. (a) may be
10returned directly to the secured correctional facility or , child caring institution or
11secured group home
and shall have a hearing regarding placement in a disciplinary
12cottage or in disciplinary status in accordance with ch. 227.
AB133-ASA1-AA2, s. 3128d 13Section 3128d. 938.17 (1) (c) of the statutes is amended to read:
AB133-ASA1-AA2,522,1914 938.17 (1) (c) If the court of civil or criminal jurisdiction orders the juvenile to
15serve a period of incarceration of 6 months or more, that court shall petition the court
16assigned to exercise jurisdiction under this chapter and ch. 48 to order one or more
17of the dispositions provided in s. 938.34, including placement of the juvenile in a
18secured correctional facility, a secured child caring institution or a secured group
19home
under s. 938.34 (4m), if appropriate.
AB133-ASA1-AA2, s. 3130d 20Section 3130d. 938.183 (1) (a) of the statutes is amended to read:
AB133-ASA1-AA2,522,2521 938.183 (1) (a) A juvenile who has been adjudicated delinquent and who is
22alleged to have violated s. 940.20 (1) or 946.43 while placed in a secured correctional
23facility, a secure detention facility or, a secured child caring institution or a secured
24group home
or who has been adjudicated delinquent and who is alleged to have
25committed a violation of s. 940.20 (2m).
AB133-ASA1-AA2, s. 3131d
1Section 3131d. 938.208 (2) of the statutes is amended to read:
AB133-ASA1-AA2,523,52 938.208 (2) Probable cause exists to believe that the juvenile is a fugitive from
3another state or has run away from a secured correctional facility , a secured child
4caring institution or a secured group home
and there has been no reasonable
5opportunity to return the juvenile.
AB133-ASA1-AA2, s. 3132d 6Section 3132d. 938.22 (title) of the statutes is amended to read:
AB133-ASA1-AA2,523,8 7938.22 (title) Establishment of secure detention facilities and shelter
8care
county or private juvenile facilities.
AB133-ASA1-AA2, s. 3133d 9Section 3133d. 938.22 (1) (a) of the statutes is amended to read:
AB133-ASA1-AA2,523,2310 938.22 (1) (a) Subject to s. 48.66 (1) (b), the county board of supervisors of any
11county may establish a secured group home or a secure detention facility in
12accordance with ss. 301.36 and 301.37, the county boards of supervisors for 2 or more
13counties may jointly establish a secure detention facility in accordance with ss. 46.20,
14301.36 and 301.37 or the county boards of supervisors for 2 or more, but not more
15than 5, counties may jointly establish a secured group home in accordance with ss.
1646.20, 301.36 and 301.37.
The county board of supervisors of any county may
17establish a secure detention facility or a shelter care facility or both in accordance
18with ss. 46.16 and 46.17
or the county boards of supervisors for 2 or more counties
19may jointly establish a secure detention facility or a shelter care facility or both in
20accordance with ss. 46.16, 46.17 and 46.20 and 301.36. A private entity may
21establish a secure detention facility in accordance with ss. 301.36 and 301.37 and
22contract with one or more county boards of supervisors under s. 938.222 for holding
23juveniles in the private secure detention facility.
AB133-ASA1-AA2, s. 3134d 24Section 3134d. 938.22 (1) (b) of the statutes is amended to read:
AB133-ASA1-AA2,524,7
1938.22 (1) (b) Subject to sub. (3) (ar), in counties having a population of less
2than 500,000, the nonjudicial operational policies of a public secured group home,
3secure detention facility or shelter care facility shall be determined by the county
4board of supervisors or, in the case of a public secured group home, secure detention
5facility or shelter care facility established by 2 or more counties, by the county boards
6of supervisors for the 2 or more counties jointly. Those policies shall be executed by
7the superintendent appointed under sub. (3) (a).
AB133-ASA1-AA2, s. 3135d 8Section 3135d. 938.22 (1) (c) of the statutes is amended to read:
AB133-ASA1-AA2,524,139 938.22 (1) (c) In counties having a population of 500,000 or more, the
10nonjudicial operational policies of a public secured group home, secure detention
11facility and the detention section of the children's court center shall be established
12by the county board of supervisors, and the execution thereof shall be the
13responsibility of the director of the children's court center.
AB133-ASA1-AA2, s. 3136d 14Section 3136d. 938.22 (2) (a) of the statutes is amended to read:
AB133-ASA1-AA2,525,215 938.22 (2) (a) Counties shall submit plans for the secured group home, secure
16detention facility or juvenile portion of the county jail to the department of
17corrections and submit plans for the shelter care facility to the department of health
18and family services. A private entity that proposes to establish a secure detention
19facility shall submit plans for the secure detention facility to the department of
20corrections. The applicable department shall review the submitted plans. A county
21or a private entity may not implement any such plan unless the applicable
22department has approved the plan. The department of corrections shall promulgate
23rules establishing minimum requirements for the approval of the operation of
24secured group homes, secure detention facilities and the juvenile portion of county

1jails. The plans and rules shall be designed to protect the health, safety and welfare
2of the juveniles in these placed in those facilities.
AB133-ASA1-AA2, s. 3137d 3Section 3137d. 938.22 (3) (a) of the statutes is amended to read:
AB133-ASA1-AA2,525,124 938.22 (3) (a) In counties having a population of less than 500,000, public
5secured group homes, secure detention facilities and public shelter care facilities
6shall be in the charge of a superintendent. The county board of supervisors or, where
72 or more counties operate joint public secured group homes, secure detention
8facilities or public shelter care facilities, the county boards of supervisors for the 2
9or more counties jointly shall appoint the superintendent and other necessary
10personnel for the care and education of the juveniles in secure detention or shelter
11care
placed in those facilities, subject to par. (am) and to civil service regulations in
12counties having civil service.
AB133-ASA1-AA2, s. 3138d 13Section 3138d. 938.22 (3) (b) of the statutes is amended to read:
AB133-ASA1-AA2,525,1914 938.22 (3) (b) In counties having a population of 500,000 or more, the director
15of the children's court center shall be in charge of and responsible for public secured
16group homes,
secure detention facilities, the secure detention section of the center
17and the personnel assigned to this section, including a detention supervisor or
18superintendent. The director of the children's court center may also serve as
19superintendent of detention if the county board of supervisors so determines.
AB133-ASA1-AA2, s. 3139d 20Section 3139d. 938.22 (7) (a) of the statutes is amended to read:
AB133-ASA1-AA2,526,221 938.22 (7) (a) No person may establish a shelter care facility without first
22obtaining a license under s. 48.66 (1) (a). To obtain a license under s. 48.66 (1) (a) to
23operate a shelter care facility, a person must meet the minimum requirements for a
24license established by the department of health and family services under s. 48.67,
25meet the requirements specified in s. 48.685 and pay the license fee under par. (b).

1A license issued under s. 48.66 (1) (a) to operate a shelter care facility is valid until
2revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).
AB133-ASA1-AA2, s. 3140d 3Section 3140d. 938.22 (7) (b) of the statutes is amended to read:
AB133-ASA1-AA2,526,114 938.22 (7) (b) Before the department of health and family services may issue
5a license under s. 48.66 (1) (a) to operate a shelter care facility, the shelter care facility
6must pay to that department a biennial fee of $60.50, plus a biennial fee of $18.15
7per juvenile, based on the number of juveniles that the shelter care facility is licensed
8to serve. A shelter care facility that wishes to continue a license issued under s. 48.66
9(1) (a) shall pay the fee under this paragraph by the continuation date of the license.
10A new shelter care facility shall pay the fee under this paragraph by no later than
1130 days before the opening of the shelter care facility.
AB133-ASA1-AA2, s. 3141d 12Section 3141d. 938.22 (7) (c) of the statutes is amended to read:
AB133-ASA1-AA2,526,1713 938.22 (7) (c) A shelter care facility that wishes to continue a license issued
14under s. 48.66 (1) (a) and that fails to pay the fee under par. (b) by the continuation
15date of the license or a new shelter care facility that fails to pay the fee under par.
16(b) by 30 days before the opening of the shelter care facility shall pay an additional
17fee of $5 per day for every day after the deadline that the facility fails to pay the fee.
AB133-ASA1-AA2, s. 3142d 18Section 3142d. 938.23 (1) (a) of the statutes is amended to read:
AB133-ASA1-AA2,527,219 938.23 (1) (a) Any juvenile alleged to be delinquent under s. 938.12 or held in
20a secure detention facility shall be represented by counsel at all stages of the
21proceedings, but a juvenile 15 years of age or older may waive counsel if the court is
22satisfied that the waiver is knowingly and voluntarily made and the court accepts
23the waiver. If the waiver is accepted, the court may not place the juvenile in a secured
24correctional facility, a secured child caring institution or a secured group home,

1transfer supervision of the juvenile to the department for participation in the serious
2juvenile offender program or transfer jurisdiction over the juvenile to adult court.".
AB133-ASA1-AA2,527,3 31009. Page 1431, line 22: after that line insert:
AB133-ASA1-AA2,527,4 4" Section 3130m. 938.20 (8) of the statutes is amended to read:
AB133-ASA1-AA2,527,235 938.20 (8) If a juvenile is held in custody, the intake worker shall notify the
6juvenile's parent, guardian and legal custodian of the reasons for holding the juvenile
7in custody and of the juvenile's whereabouts unless there is reason to believe that
8notice would present imminent danger to the juvenile. If a juvenile who has violated
9the terms of aftercare supervision administered by the department or a county
10department is held in custody, the intake worker shall also notify the department or
11county department, whichever has supervision over the juvenile, of the reasons for
12holding the juvenile in custody, of the juvenile's whereabouts and of the time and
13place of the detention hearing required under s. 938.21. The parent, guardian and
14legal custodian shall also be notified of the time and place of the detention hearing
15required under s. 938.21, the nature and possible consequences of that hearing, the
16right to counsel under s. 938.23 regardless of ability to pay
and the right to present
17and cross-examine witnesses at the hearing. If the parent, guardian or legal
18custodian is not immediately available, the intake worker or another person
19designated by the court shall provide notice as soon as possible. When the juvenile
20is alleged to have committed a delinquent act, the juvenile shall receive the same
21notice about the detention hearing as the parent, guardian or legal custodian. The
22intake worker shall notify both the juvenile and the juvenile's parent, guardian or
23legal custodian.
AB133-ASA1-AA2, s. 3131m 24Section 3131m. 938.21 (3) (d) of the statutes is amended to read:
AB133-ASA1-AA2,528,6
1938.21 (3) (d) Prior to the commencement of the hearing, the parent, guardian
2or legal custodian shall be informed by the court of the allegations that have been
3made or may be made, the nature and possible consequences of this hearing as
4compared to possible future hearings, the right to counsel under s. 938.23 regardless
5of ability to pay,
the right to confront and cross-examine witnesses and the right to
6present witnesses.
AB133-ASA1-AA2, s. 3142g 7Section 3142g. 938.23 (2) of the statutes is created to read:
AB133-ASA1-AA2,528,108 938.23 (2) (a) Whenever a juvenile is alleged to be in need of protection or
9services under s. 938.13, any parent under 18 years of age who appears before the
10court shall be represented by counsel; but no such parent may waive counsel.
AB133-ASA1-AA2,528,1911 (b) If a petition under s. 938.13 is contested, no juvenile may be placed outside
12his or her home unless the nonpetitioning parent is represented by counsel at the
13fact-finding hearing and subsequent proceedings. If the petition is not contested,
14the juvenile may not be placed outside his or her home unless the nonpetitioning
15parent is represented by counsel at the hearing at which the placement is made. A
16parent who is required under this paragraph to be represented by counsel may,
17however, waive counsel if the court is satisfied that such waiver is knowingly and
18voluntarily made, and the court may place the juvenile outside the home even though
19the parent was not represented by counsel.
AB133-ASA1-AA2, s. 3142m 20Section 3142m. 938.23 (3) of the statutes is amended to read:
AB133-ASA1-AA2,528,2521 938.23 (3) Power of the court to appoint counsel. Except in proceedings
22under s. 938.13, at
At any time, upon request or on its own motion, the court may
23appoint counsel for the juvenile or any party, unless the juvenile or the party has or
24wishes to retain counsel of his or her own choosing. The court may not appoint
25counsel for any party other than the juvenile in a proceeding under s. 938.13.
AB133-ASA1-AA2, s. 3142p
1Section 3142p. 938.23 (4) of the statutes is amended to read:
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