Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,514,11 707.46 (3) Recording. A contract for the purchase of a time-share and any other instrument that is evidence of a purchase of a time-share is valid only if it is recorded.".

AB133-ASA1-AA2,514,12 998. Page 1408, line 2: after that line insert:

AB133-ASA1-AA2,514,13 " Section 3050om. 757.75 of the statutes is created to read:

AB133-ASA1-AA2,514,17 757.75 Court improvement program funding. The supreme court and the director of state courts may not expend any state funds for the purpose of matching federal funds provided under the court improvement grant program allocation authorized under 42 USC 670.".

AB133-ASA1-AA2,514,18 999. Page 1419, line 18: after that line insert:

AB133-ASA1-AA2,514,19 " Section 3072g. 778.25 (1) (a) 4. of the statutes is repealed.".

AB133-ASA1-AA2,514,20 1000. Page 1426, line 12: after that line insert:

AB133-ASA1-AA2,514,21 " Section 3088a. 813.16 (7) of the statutes is amended to read:

AB133-ASA1-AA2,515,3 813.16 (7) If the person seeking the appointment of a receiver under sub. (1) is a corporation supervised by the division of savings and loan institutions, home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation or resolution trust corporation, the court, unless the opposing party objects, shall appoint an officer of such corporation as receiver to act without compensation and to give such bond as the court requires.".

AB133-ASA1-AA2,515,4 1001. Page 1426, line 12: after that line insert:

AB133-ASA1-AA2,515,6 " Section 3088s. 813.12 (8) (a) of the statutes is renumbered 813.12 (8) (a) 1. and amended to read:

AB133-ASA1-AA2,515,9 813.12 (8) (a) 1. Whoever Except as provided in subd. 2., whoever knowingly violates a temporary restraining order or injunction issued under sub. (3) or (4) shall be fined not more than $1,000 or imprisoned for not more than 9 months or both.

AB133-ASA1-AA2, s. 3088t Section 3088t. 813.12 (8) (a) 2. of the statutes is created to read:

AB133-ASA1-AA2,515,17 813.12 (8) (a) 2. Whoever knowingly violates a temporary restraining order or injunction issued under sub. (3) or (4) shall be imprisoned for not less than 5 days nor more than 9 months and may be fined not more than $1,000 if, at any time preceding the violation, the person has been convicted of knowingly violating a temporary restraining order or injunction issued under sub. (3) or (4). This subdivision applies whether the person previously violated the same temporary restraining order or injunction or a different temporary restraining order or injunction.".

AB133-ASA1-AA2,515,18 1002. Page 1427, line 4: after that line insert:

AB133-ASA1-AA2,515,19 " Section 3096c. 814.61 (1) (e) of the statutes is created to read:

AB133-ASA1-AA2,516,2 814.61 (1) (e) In addition to the fees under pars. (a) and (b), at the commencement of a divorce action under s. 767.02 (1) (c), a fee of $3. The clerk shall pay the moneys collected to the county treasurer under s. 59.40 (2) (m). The county treasurer shall pay those moneys to the state treasurer under s. 59.25 (3) (p) for deposit in the general fund. The state treasurer shall credit all moneys received under this paragraph to the appropriation account under s. 20.435 (3) (hm).

AB133-ASA1-AA2, s. 3096d Section 3096d. 814.61 (1) (e) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.".

AB133-ASA1-AA2,516,5 1003. Page 1431, line 11: after that line insert:

AB133-ASA1-AA2,516,7 " Section 3113g. 895.48 (1m) (intro.) of the statutes, as affected by 1997 Wisconsin Acts 67 and 156, is amended to read:

AB133-ASA1-AA2,516,17 895.48 (1m) (intro.) Any physician or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical technician licensed under s. 146.50, physician assistant licensed under ch. 448, registered nurse licensed under ch. 441 or a massage therapist or bodyworker issued a license of registration under subch. X of ch. 440 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 46.93 (1m) (c), a private school, as defined in s. 115.001 (3r), a public agency, as defined in s. 46.93 (1m) (e), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:

AB133-ASA1-AA2, s. 3113m Section 3113m. 895.48 (1m) (b) of the statutes, as affected by 1997 Wisconsin Act 156, is amended to read:

AB133-ASA1-AA2,516,23 895.48 (1m) (b) The physician, athletic trainer, chiropractor, dentist, emergency medical technician, physician assistant, registered nurse, massage therapist or bodyworker does not receive compensation for the health care, other than reimbursement for expenses.".

AB133-ASA1-AA2,516,24 1004. Page 1431, line 11: after that line insert:

AB133-ASA1-AA2,517,1 " Section 3312m. 891.455 (4) of the statutes is created to read:

AB133-ASA1-AA2,517,5 891.455 (4) The presumption under sub. (2) for cancers caused by smoking or tobacco product use shall not apply to any municipal fire fighter who smokes cigarettes, as defined in s. 139.30 (1), or who uses a tobacco product, as defined in s. 139.75 (12), after January 1, 2001.".

AB133-ASA1-AA2,517,6 1005. Page 1431, line 11: after that line insert:

AB133-ASA1-AA2,517,7 " Section 3113m. 895.58 of the statutes is created to read:

AB133-ASA1-AA2,517,9 895.58 Liability exemption; use of special waste under public works contracts. (1) In this section:

AB133-ASA1-AA2,517,10 (a) "Department" means the department of natural resources.

AB133-ASA1-AA2,517,14 (b) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an agency or corporation of such a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

AB133-ASA1-AA2,517,16 (c) "Public works project" means any work done under contract to a state agency or local governmental unit.

AB133-ASA1-AA2,517,18 (d) "Special waste" means any solid waste which is characterized for beneficial use in public works projects by the department of natural resources.

AB133-ASA1-AA2,517,24 (2) The department may characterize a solid waste for beneficial use in public works projects by rule, memorandum of understanding between itself and other state agencies or local governmental units, or on a case-by-case basis. The department shall compile and maintain a list of special wastes in a format readily available to the general public and only those special wastes may be required to be used in a public works project.

AB133-ASA1-AA2,518,2 (3) Special waste, when used in a public works project, is not subject to regulation as solid waste under ch. 289.

AB133-ASA1-AA2,518,6 (4) A person is immune from liability for the use of special waste on a public works project or for damages resulting from the person's actions or omissions relating to the use of the special waste on a public works project if all of the following apply:

AB133-ASA1-AA2,518,11 (a) The acts or omissions by the person occurred while performing work under a contract for a public works project including acts or omissions by any person who has a direct contractual relationship with the prime contractor, as defined in s. 779.01 (2) (d), under a contract for a public works project to perform labor or furnish materials.

AB133-ASA1-AA2,518,14 (b) The acts or omissions involving the special wastes were required or permitted in a contract for a public works project and the acts or omissions conformed to the provisions of the contract.

AB133-ASA1-AA2,518,16 (5) Subsection (4) does not apply to any person to whom either of the following applies:

AB133-ASA1-AA2,518,18 (a) The person's act or omission involved reckless, wanton or intentional misconduct.

AB133-ASA1-AA2,518,19 (b) The person's act or omission resulted in injury or death to an individual.".

AB133-ASA1-AA2,518,20 1006. Page 1431, line 11: after that line insert:

AB133-ASA1-AA2,518,21 " Section 3111m. 895.035 (4) of the statutes is amended to read:

AB133-ASA1-AA2,519,6 895.035 (4) Except for recovery under sub. (4a) or for retail theft under s. 943.51, the maximum recovery under this section from any parent or parents may not exceed the amount specified in s. 799.01 (1) (d) for damages resulting from any one act of a juvenile in addition to taxable costs and disbursements and reasonable attorney fees, as determined by the court. If 2 or more juveniles in the custody of the same parent or parents commit the same act the total recovery under this section may not exceed the amount specified in s. 799.01 (1) (d), in addition to taxable costs and disbursements. The maximum recovery from any parent or parents for retail theft by their minor child is established under s. 943.51.

AB133-ASA1-AA2, s. 3111t Section 3111t. 895.035 (4a) of the statutes is created to read:

AB133-ASA1-AA2,519,13 895.035 (4a) (a) The maximum recovery under this section by a school board or a governing body of a private school from any parent or parents with custody of a minor child may not exceed $20,000 for damages resulting from any one act of the minor child in addition to taxable costs and disbursements and reasonable attorney fees, as determined by the court, for damages caused to the school board or the governing body of a private school by any of the following actions of the minor child:

AB133-ASA1-AA2,519,17 1. An act or threat that endangers the property, health or safety of persons at the school or under the supervision of a school authority or that damages the property of a school board or the governing body of a private school and that results in a substantial disruption of a school day or a school activity.

AB133-ASA1-AA2,519,19 2. An act resulting in a violation of s. 943.01, 943.02, 943.03, 943.05, 943.06 or 947.015.

AB133-ASA1-AA2,519,23 (b) In addition to other recoverable damages, damages under par. (a) may include the cost to the school board or the governing body of a private school in loss of instructional time directly resulting from the action of the minor child under par. (a).

AB133-ASA1-AA2,520,2 (c) If 2 or more minor children in the custody of the same parent or parents are involved in the same action under par. (a), the total recovery may not exceed $20,000, in addition to taxable costs, disbursements and reasonable attorney fees, as determined by the court.

AB133-ASA1-AA2,520,5 (d) If an insurance policy does not explicitly provide coverage for actions under par. (a), the issuer of that policy is not liable for the damages resulting from those actions.".

AB133-ASA1-AA2,520,6 1007. Page 1431, line 11: after that line insert:

AB133-ASA1-AA2,520,7 " Section 3113h. 895.517 (1) (d) of the statutes is repealed.

AB133-ASA1-AA2, s. 3113i Section 3113i. 895.517 (2) of the statutes is amended to read:

AB133-ASA1-AA2,520,14 895.517 (2) Any person who donates or sells, at a price not exceeding overhead and transportation costs, solid waste, or a material that is separated from mixed soil waste, to a materials reuse program that is operated by a charitable organization, or municipality or responsible unit is immune from civil liability for the death of or injury to an individual or the damage to property caused by the solid waste or material donated or sold by the person.".

AB133-ASA1-AA2,520,15 1008. Page 1431, line 22: after that line insert:

AB133-ASA1-AA2,520,16 " Section 3117d. 938.02 (15g) of the statutes is amended to read:

AB133-ASA1-AA2,520,19 938.02 (15g) "Secured child caring institution" means a child caring institution operated by a child welfare agency that is licensed under s. 48.66 (1) (b) to hold in secure custody persons adjudged delinquent.

AB133-ASA1-AA2, s. 3118d Section 3118d. 938.02 (15m) of the statutes is amended to read:

AB133-ASA1-AA2,521,3 938.02 (15m) "Secured correctional facility" means a correctional institution operated or contracted for by the department of corrections or operated by the department of health and family services for holding in secure custody persons adjudged delinquent. "Secured correctional facility" includes the Mendota juvenile treatment center under s. 46.057, the facility at which the juvenile boot camp program under s. 938.532 is operated, and a facility authorized under s. 938.533 (3) (b), 938.538 (4) (b) or 938.539 (5).

AB133-ASA1-AA2, s. 3119d Section 3119d. 938.02 (15p) of the statutes is created to read:

AB133-ASA1-AA2,521,7 938.02 (15p) "Secured group home" means a group home that is licensed under s. 48.66 (1) (b) to hold in secure custody persons who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4m).

AB133-ASA1-AA2, s. 3120d Section 3120d. 938.02 (17) of the statutes is amended to read:

AB133-ASA1-AA2,521,11 938.02 (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 health and family services under s. 48.66 (1) (a).

AB133-ASA1-AA2, s. 3123d Section 3123d. 938.069 (1) (dj) of the statutes is amended to read:

AB133-ASA1-AA2,521,15 938.069 (1) (dj) Provide aftercare services for a juvenile who has been released from a secured correctional facility or, a secured child caring institution or a secured group home.

AB133-ASA1-AA2, s. 3124d Section 3124d. 938.08 (3) (a) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,521,23 938.08 (3) (a) (intro.) In addition to the law enforcement authority specified in sub. (2), department personnel designated by the department and, personnel of an agency contracted with under s. 301.08 (1) (b) 3. designated by agreement between the agency and the department and personnel of a county contracted with under s. 301.08 (1) (b) 4. designated by agreement between the county and the department have the power of law enforcement authorities to take a juvenile into physical custody under the following conditions:

AB133-ASA1-AA2, s. 3125d Section 3125d. 938.08 (3) (a) 1. of the statutes is amended to read:

AB133-ASA1-AA2,522,3 938.08 (3) (a) 1. If they are in prompt pursuit of a juvenile who has run away from a secured correctional facility or, a child caring institution or a secured group home.

AB133-ASA1-AA2, s. 3126d Section 3126d. 938.08 (3) (a) 2. of the statutes is amended to read:

AB133-ASA1-AA2,522,7 938.08 (3) (a) 2. If the juvenile has failed to return to a secured correctional facility or, a child caring institution or a secured group home after any authorized absence.

AB133-ASA1-AA2, s. 3127d Section 3127d. 938.08 (3) (b) of the statutes is amended to read:

AB133-ASA1-AA2,522,12 938.08 (3) (b) A juvenile who is taken into custody under par. (a) may be returned directly to the secured correctional facility or , child caring institution or secured group home and shall have a hearing regarding placement in a disciplinary cottage or in disciplinary status in accordance with ch. 227.

AB133-ASA1-AA2, s. 3128d Section 3128d. 938.17 (1) (c) of the statutes is amended to read:

AB133-ASA1-AA2,522,19 938.17 (1) (c) If the court of civil or criminal jurisdiction orders the juvenile to serve a period of incarceration of 6 months or more, that court shall petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to order one or more of the dispositions provided in s. 938.34, including placement of the juvenile in a secured correctional facility, a secured child caring institution or a secured group home under s. 938.34 (4m), if appropriate.

AB133-ASA1-AA2, s. 3130d Section 3130d. 938.183 (1) (a) of the statutes is amended to read:

AB133-ASA1-AA2,522,25 938.183 (1) (a) A juvenile who has been adjudicated delinquent and who is alleged to have violated s. 940.20 (1) or 946.43 while placed in a secured correctional facility, a secure detention facility or, a secured child caring institution or a secured group home or who has been adjudicated delinquent and who is alleged to have committed a violation of s. 940.20 (2m).

AB133-ASA1-AA2, s. 3131d Section 3131d. 938.208 (2) of the statutes is amended to read:

AB133-ASA1-AA2,523,5 938.208 (2) Probable cause exists to believe that the juvenile is a fugitive from another state or has run away from a secured correctional facility , a secured child caring institution or a secured group home and there has been no reasonable opportunity to return the juvenile.

AB133-ASA1-AA2, s. 3132d Section 3132d. 938.22 (title) of the statutes is amended to read:

AB133-ASA1-AA2,523,8 938.22 (title) Establishment of secure detention facilities and shelter care county or private juvenile facilities.

AB133-ASA1-AA2, s. 3133d Section 3133d. 938.22 (1) (a) of the statutes is amended to read:

AB133-ASA1-AA2,523,23 938.22 (1) (a) Subject to s. 48.66 (1) (b), the county board of supervisors of any county may establish a secured group home or a secure detention facility in accordance with ss. 301.36 and 301.37, the county boards of supervisors for 2 or more counties may jointly establish a secure detention facility in accordance with ss. 46.20, 301.36 and 301.37 or the county boards of supervisors for 2 or more, but not more than 5, counties may jointly establish a secured group home in accordance with ss. 46.20, 301.36 and 301.37. The county board of supervisors of any county may establish a secure detention facility or a shelter care facility or both in accordance with ss. 46.16 and 46.17 or the county boards of supervisors for 2 or more counties may jointly establish a secure detention facility or a shelter care facility or both in accordance with ss. 46.16, 46.17 and 46.20 and 301.36. A private entity may establish a secure detention facility in accordance with ss. 301.36 and 301.37 and contract with one or more county boards of supervisors under s. 938.222 for holding juveniles in the private secure detention facility.

AB133-ASA1-AA2, s. 3134d Section 3134d. 938.22 (1) (b) of the statutes is amended to read:

AB133-ASA1-AA2,524,7 938.22 (1) (b) Subject to sub. (3) (ar), in counties having a population of less than 500,000, the nonjudicial operational policies of a public secured group home, secure detention facility or shelter care facility shall be determined by the county board of supervisors or, in the case of a public secured group home, secure detention facility or shelter care facility established by 2 or more counties, by the county boards of supervisors for the 2 or more counties jointly. Those policies shall be executed by the superintendent appointed under sub. (3) (a).

AB133-ASA1-AA2, s. 3135d Section 3135d. 938.22 (1) (c) of the statutes is amended to read:

AB133-ASA1-AA2,524,13 938.22 (1) (c) In counties having a population of 500,000 or more, the nonjudicial operational policies of a public secured group home, secure detention facility and the detention section of the children's court center shall be established by the county board of supervisors, and the execution thereof shall be the responsibility of the director of the children's court center.

AB133-ASA1-AA2, s. 3136d Section 3136d. 938.22 (2) (a) of the statutes is amended to read: