Amendment JR2 ASA1-AB1

AB1-ASA1,179,2 215.12 Penalty for dishonest acts; falsification of records. Every officer, director, employee or agent of any association who steals, abstracts, or wilfully misapplies any property of the association, whether owned by it or held in trust, or who, without authority, issues or puts forth any certificate of savings accounts, assigns any note, bond, mortgage, judgment or decree, or, who makes any false entry in any book, record, report or statement of the association with intent to injure or defraud the association or any person or corporation, or to deceive any officer or director of the association, or any other person, or any agent appointed to examine the affairs of such association, or any person who, with like intent, aids or abets any officer, director, employee or agent in the violation of this section, shall be imprisoned in the Wisconsin state prisons for not more than 30 years is guilty of a Class F felony.

AB1-ASA1, s. 351 Section 351. 215.21 (21) of the statutes is amended to read:

AB1-ASA1,179,14 215.21 (21) Penalty for giving or accepting money for loans. Every officer, director, employee or agent of any association, or any appraiser making appraisals for any association, who accepts or receives, or offers or agrees to accept or receive anything of value in consideration of its loaning any money to any person; or any person who offers, gives, presents or agrees to give or present anything of value to any officer, director, employee or agent of any association or to any appraiser making appraisals for any association in consideration of its loaning money to the person, shall be fined not more than $10,000 or imprisoned in the Wisconsin state prisons for not more than 3 years or both is guilty of a Class I felony. Nothing in this subsection prohibits an association from employing an officer, employee or agent to solicit mortgage loans and to pay the officer, employee or agent on a fee basis.

AB1-ASA1, s. 352 Section 352. 218.21 (7) of the statutes is amended to read:

AB1-ASA1,179,19 218.21 (7) Any person who knowingly makes a false statement in an application for a motor vehicle salvage dealer license may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1-ASA1, s. 353 Section 353. 220.06 (2) of the statutes is amended to read:

AB1-ASA1,180,3 220.06 (2) If any employee in the division or any member of the banking review board or any employee thereof discloses the name of any debtor of any bank or licensee, or anything relative to the private account or transactions of such bank or licensee, or any fact obtained in the course of any examination of any bank or licensee, except as herein provided, that person is guilty of a Class I felony and shall be subject, upon conviction, to forfeiture of office or position and may be fined not less than $100 nor more than $1,000 or imprisoned for not less than 6 months nor more than 3 years or both.

AB1-ASA1, s. 354 Section 354. 221.0625 (2) (intro.) of the statutes is amended to read:

AB1-ASA1,180,7 221.0625 (2) Penalty. (intro.) An officer or director of a bank who, in violation of this section, directly or indirectly does any of the following may be imprisoned for not more than 15 years is guilty of a Class F felony:

AB1-ASA1, s. 355 Section 355. 221.0636 (2) of the statutes is amended to read:

AB1-ASA1,180,10 221.0636 (2) Penalty. Any person who violates sub. (1) may be imprisoned for not more than 30 years is guilty of a Class H felony.

AB1-ASA1, s. 356 Section 356. 221.0637 (2) of the statutes is amended to read:

AB1-ASA1,180,14 221.0637 (2) Penalties. Any person who violates sub. (1) may be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.

AB1-ASA1, s. 357 Section 357. 221.1004 (2) of the statutes is amended to read:

AB1-ASA1,180,18 221.1004 (2) Penalties. Any person who violates sub. (1) may be fined not less than $1,000 nor more than $5,000 or imprisoned for not less than one year nor more than 15 years or both is guilty of a Class F felony.

AB1-ASA1, s. 359 Section 359. 227.01 (13) (sm) of the statutes is created to read:

AB1-ASA1,180,20 227.01 (13) (sm) Establishes sentencing guidelines under s. 973.30 (1) (c).

AB1-ASA1, s. 363 Section 363. 230.08 (2) (L) 6. of the statutes is created to read:

AB1-ASA1,180,22 230.08 (2) (L) 6. Sentencing commission.

AB1-ASA1, s. 364 Section 364. 230.08 (2) (of) of the statutes is created to read:

AB1-ASA1,180,24 230.08 (2) (of) The executive director of the sentencing commission.

AB1-ASA1, s. 365b Section 365b. 230.08 (2) (y) of the statutes is repealed.

AB1-ASA1, s. 365d Section 365d. 230.35 (1m) (a) 2. of the statutes is amended to read:

AB1-ASA1,181,3 230.35 (1m) (a) 2. A position designated in s. 19.42 (10) (L) or 20.923 (4), (7), (8), and (9).

AB1-ASA1, s. 365g Section 365g. 230.35 (2) of the statutes is amended to read:

AB1-ASA1,181,15 230.35 (2) Leave of absence with pay owing to sickness and leave of absence without pay, other than annual leave and leave under s. 103.10, shall be regulated by rules of the secretary, except that unused sick leave shall accumulate from year to year. After July 1, 1973, employees appointed to career executive positions under the program established under s. 230.24 or positions designated in s. 19.42 (10) (L) or 20.923 (4), (7), (8), and (9) or authorized under s. 230.08 (2) (e) shall have any unused sick leave credits restored if they are reemployed in a career executive position or in a position under s. 19.42 (10) (L) or 20.923 (4), (7), (8), and (9) or authorized under s. 230.08 (2) (e), regardless of the duration of their absence. Restoration of unused sick leave credits if reemployment is to a position other than those specified above shall be in accordance with rules of the secretary.

AB1-ASA1, s. 366 Section 366. 234.165 (2) (c) (intro.) of the statutes is amended to read:

AB1-ASA1,181,19 234.165 (2) (c) (intro.) Surplus Except as provided in sub. (3), surplus may be expended or encumbered only in accordance with the plan approved under par. (b), except that the authority may transfer from one plan category to another:

AB1-ASA1, s. 366c Section 366c. 234.165 (2) (c) (intro.) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-ASA1,181,24 234.165 (2) (c) (intro.) Except as provided in sub. (3), surplus Surplus may be expended or encumbered only in accordance with the plan approved under par. (b), except that the authority may transfer from one plan category to another:

AB1-ASA1, s. 367 Section 367. 234.165 (3) of the statutes is created to read:

AB1-ASA1,182,7 234.165 (3) For the purpose of housing grants and loans under s. 16.33 and housing organization grants under s. 16.336, in fiscal year 2001-02 the authority shall transfer to the department of administration $1,500,000 of its surplus and in fiscal year 2002-03 the authority shall transfer to the department of administration $3,300,300 of its surplus. The department of administration shall credit all moneys transferred under this subsection to the appropriation account under s. 20.505 (7) (j).

AB1-ASA1, s. 367c Section 367c. 234.165 (3) of the statutes, as created by 2001 Wisconsin Act .... (this act), is repealed.

AB1-ASA1, s. 368 Section 368. 250.15 of the statutes is repealed.

AB1-ASA1, s. 369 Section 369. 253.06 (4) (b) of the statutes is amended to read:

AB1-ASA1,182,16 253.06 (4) (b) A person who violates any provision of this subsection may be fined not more than $10,000 or imprisoned for not more than 3 years, or both, is guilty of a Class I felony for the first offense and may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months, or both, is guilty of a Class H felony for the 2nd or subsequent offense.

AB1-ASA1, s. 370 Section 370. 285.87 (2) (b) of the statutes is amended to read:

AB1-ASA1,182,22 285.87 (2) (b) If the conviction under par. (a) is for a violation committed after another conviction under par. (a), the person shall is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not more than $50,000 per day of violation or imprisoned for not more than 3 years or both.

AB1-ASA1, s. 370e Section 370e. 287.03 (1) (e) of the statutes is created to read:

AB1-ASA1,182,24 287.03 (1) (e) Promulgate rules to implement s. 287.07 (7) (a) and (10) (a).

AB1-ASA1, s. 370f Section 370f. 287.07 (7) (a) of the statutes is amended to read:

AB1-ASA1,183,7 287.07 (7) (a) The prohibitions in subs. (3) and (4) do not apply with respect to solid waste, except medical waste, as defined in par. (c) 1. cg., that is generated in a region that has an effective recycling program, as determined under s. 287.11 if the solid waste contains no more than an incidental amount of materials specified in subs. (3) and (4), as provided by the department by rule. This paragraph does not apply to solid waste that is separated for recycling as part of an effective recycling program under s. 287.11.

AB1-ASA1, s. 370g Section 370g. 287.07 (9) of the statutes is created to read:

AB1-ASA1,183,14 287.07 (9) Acceptance by solid waste facility. (a) Except as provided under pars. (b) and (c), no person operating a solid waste facility may accept solid waste from a building containing 5 or more dwelling units or a commercial, retail, industrial, or governmental facility that does not provide for the collection of materials that are subject to subs. (3) and (4) and that are separated from other solid waste by users or occupants of the building or facility.

AB1-ASA1,183,16 (b) The department may grant exceptions to par. (a) on a case-by-case basis as necessary to protect public health.

AB1-ASA1,183,20 (c) 1. Paragraph (a) does not apply to a person operating a solid waste facility if the person has implemented a program to minimize the acceptance of recyclable materials at the solid waste facility, and the program complies with the rules promulgated under subd. 2.

AB1-ASA1,183,23 2. The department shall promulgate rules that specify minimum standards for a program that minimizes the acceptance of recyclable materials at a solid waste facility for the purposes of subd. 1.

AB1-ASA1, s. 370h Section 370h. 287.07 (10) of the statutes is created to read:

AB1-ASA1,184,6 287.07 (10) Transportation to facility. (a) Except as provided in par. (b), no person operating a solid waste facility that provides a collection and transportation service may transport solid waste for delivery to a solid waste disposal facility or a solid waste treatment facility that converts solid waste into fuel or that burns solid waste if the solid waste contains more than incidental amounts of materials specified in subs. (3) and (4), as provided by the department by rule.

AB1-ASA1,184,9 (b) Paragraph (a) does not apply with respect to solid waste to which the prohibitions in subs. (3) and (4) do not apply because of sub. (7) (b), (bg), (c) 2., (d), (f), (g), or (h).

AB1-ASA1, s. 370j Section 370j. 287.23 (5b) (intro.) of the statutes is amended to read:

AB1-ASA1,184,15 287.23 (5b) Grant award for 2000 to 2003. (intro.) The For 2000 to 2003, the department shall award a grant under this subsection to each eligible responsible unit that submits a complete grant application under sub. (4) for expenses allowable under sub. (3) (b). The department shall determine the amount of the grants under this subsection as follows:

AB1-ASA1, s. 370k Section 370k. 287.23 (5d) of the statutes is created to read:

AB1-ASA1,184,20 287.23 (5d) Grant amount for years after 2003. (a) Beginning with grants for the year 2004, the department shall award a grant under this subsection to each eligible responsible unit that submits a complete grant application under sub. (4) for expenses allowable under sub. (3) (b).

AB1-ASA1,185,2 (b) Except as provided in pars. (c), (d), and (e) and sub. (5p), the department shall award an eligible responsible unit a grant under this subsection equal to the population of the responsible unit times an amount that is the same for each responsible unit and that the department determines will result in distributing as much as possible of the amount appropriated under s. 20.370 (6) (bu), taking into account pars. (c), (d), and (e) and sub. (5p).

AB1-ASA1,185,5 (c) A grant under this subsection may not exceed the allowable expenses under sub. (3) (b) that the responsible unit incurred in the year 2 years before the year for which the grant is made.

AB1-ASA1,185,9 (d) For a county that is the responsible unit for at least 75% of the population of the county, the department shall award a grant under this subsection equal to the greater of $100,000 or the amount determined under par. (a), but not more than the allowable expenses under sub. (3) (b).

AB1-ASA1,185,12 (e) For grants for the year 2004, the department shall award a grant to a responsible unit that received an award in 2003 that is equal to at least 80% of the amount received in 2003.

AB1-ASA1, s. 370L Section 370L. 287.95 (3) (b) of the statutes is amended to read:

AB1-ASA1,185,17 287.95 (3) (b) After December 31, 1996, any person who violates s. 287.07 (3) and, (4), (9), or (10) may be required to forfeit $50 for a first violation, may be required to forfeit $200 for a 2nd violation, and may be required to forfeit not more than $2,000 for a 3rd or subsequent violation.

AB1-ASA1, s. 371 Section 371. 291.97 (2) (b) (intro.) of the statutes is amended to read:

AB1-ASA1,185,22 291.97 (2) (b) (intro.) Any person who wilfully does any of the following shall is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not less than $1,000 nor more than $100,000 or imprisoned for not more than 7 years and 6 months or both:

AB1-ASA1, s. 372 Section 372. 291.97 (2) (c) 1. and 2. of the statutes are amended to read:

AB1-ASA1,186,2 291.97 (2) (c) 1. For a 2nd or subsequent violation under par. (a), a person shall is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not less than $1,000 nor more than $50,000 or imprisoned for not more than 2 years or both.

AB1-ASA1,186,6 2. For a 2nd or subsequent violation under par. (b), a person shall is guilty of a Class F felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (f), the person may be fined not less than $5,000 nor more than $150,000 or imprisoned for not more than 15 years or both.

AB1-ASA1, s. 373 Section 373. 299.53 (4) (c) 2. of the statutes is amended to read:

AB1-ASA1,186,13 299.53 (4) (c) 2. Any person who intentionally makes any false statement or representation in complying with sub. (2) (a) shall be fined not more than $25,000 or imprisoned for not more than one year in the county jail or both. For a 2nd or subsequent violation, the person shall is guilty of a Class I felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (i), the person may be fined not more than $50,000 or imprisoned for not more than 3 years or both.

AB1-ASA1, s. 375 Section 375. 301.035 (2) of the statutes is amended to read:

AB1-ASA1,186,17 301.035 (2) Assign hearing examiners from the division to preside over hearings under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10 and 975.10 (2) and ch. 304.

AB1-ASA1, s. 376 Section 376. 301.035 (4) of the statutes is amended to read:

AB1-ASA1,186,22 301.035 (4) Supervise employees in the conduct of the activities of the division and be the administrative reviewing authority for decisions of the division under ss. 302.11 (7), 302.113 (9), 302.114 (9), 938.357 (5), 973.10, 973.155 (2) and 975.10 (2) and ch. 304.

AB1-ASA1, s. 377 Section 377. 301.048 (2) (bm) 1. a. of the statutes is amended to read:

AB1-ASA1,187,7 301.048 (2) (bm) 1. a. A crime specified in s. 940.19 (3), 1999 stats., s. 940.195 (3), 1999 stats., s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (3), (4) or (5), 940.195 (3), (4) or (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.285 (2) (a) 1. or 2., 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2., or 3., 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08, or 948.30.

AB1-ASA1, s. 377g Section 377g. 301.26 (2) (c) of the statutes is amended to read:

AB1-ASA1,187,17 301.26 (2) (c) All funds to counties under this section shall be used to purchase or provide juvenile delinquency-related services under ch. 938 and to make payments for the Youth Challenge program under s. 21.26 (3), except that no funds to counties under this section may be used for purposes of land purchase, building construction or maintenance of buildings under s. 46.17, 46.175 or 301.37, for reimbursement of costs under s. 938.209, for city lockups or for reimbursement of care costs in temporary shelter care under s. 938.22. Funds to counties under this section may be used for reimbursement of costs of program services, other than basic care and supervision costs, in juvenile secure detention facilities.

AB1-ASA1, s. 378 Section 378. 301.26 (4) (cm) 1. of the statutes is amended to read:

AB1-ASA1,188,7 301.26 (4) (cm) 1. Notwithstanding pars. (a), (b) and (bm), the department shall transfer funds from the appropriation under s. 20.410 (3) (cg) to the appropriations under s. 20.410 (3) (hm), (ho) and (hr) for the purpose of reimbursing secured correctional facilities, secured child caring institutions, alternate care providers, aftercare supervision providers and corrective sanctions supervision providers for costs incurred beginning on July 1, 1996, for the care of any juvenile 14 years of age or over who has been placed in a secured correctional facility based on a delinquent act that is a violation of s. 943.23 (1m) or (1r), 1999 stats., s. 948.35, 1999 stats., or s. 948.36, 1999 stats., or s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, (1), or 948.30 (2), 948.35 (1) (b) or 948.36 and for the care of any juvenile 10 years of age or over who has been placed in a secured correctional facility or secured child caring institution for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.

AB1-ASA1, s. 379 Section 379. 301.45 (6) (a) 2. of the statutes is amended to read:

AB1-ASA1,188,14 301.45 (6) (a) 2. For a 2nd or subsequent offense, the person may be fined not more than $10,000 or imprisoned for not more than 5 years or both is guilty of a Class H felony. For purposes of this subdivision, an offense is a 2nd or subsequent offense if, prior to committing the offense, the person has at any time been convicted of knowingly failing to comply with any requirement to provide information under subs. (2) to (4).

AB1-ASA1, s. 380 Section 380. 302.045 (3) of the statutes is amended to read:

AB1-ASA1,188,23 302.045 (3) Parole eligibility. Except as provided in sub. (4), if the department determines that an inmate serving a sentence other than one imposed under s. 973.01 has successfully completed the challenge incarceration program, the parole commission shall parole the inmate for that sentence under s. 304.06, regardless of the time the inmate has served, unless the person is serving a sentence imposed under s. 973.01. When the parole commission grants parole under this subsection, it must require the parolee to participate in an intensive supervision program for drug abusers as a condition of parole.

AB1-ASA1, s. 381 Section 381. 302.095 (2) of the statutes is amended to read:

AB1-ASA1,189,11 302.095 (2) Any officer or other person who delivers or procures to be delivered or has in his or her possession with intent to deliver to any inmate confined in a jail or state prison, or who deposits or conceals in or about a jail or prison, or the precincts of a jail or prison, or in any vehicle going into the premises belonging to a jail or prison, any article or thing whatever, with intent that any inmate confined in the jail or prison shall obtain or receive the same, or who receives from any inmate any article or thing whatever with intent to convey the same out of a jail or prison, contrary to the rules or regulations and without the knowledge or permission of the sheriff or other keeper of the jail, in the case of a jail, or of the warden or superintendent of the prison, in the case of a prison, shall be imprisoned for not more than 3 years or fined not more than $500 is guilty of a Class I felony.

AB1-ASA1, s. 382 Section 382. 302.11 (1g) (a) 2. of the statutes is amended to read:

AB1-ASA1,189,18 302.11 (1g) (a) 2. Any felony under s. 940.09 (1), 1999 stats., s. 943.23 (1m), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats., or s. 940.02, 940.03, 940.05, 940.09 (1) (1c), 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305 (2), 940.31 (1) or (2) (b), 943.02, 943.10 (2), 943.23 (1g) or (1m), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, or 948.30 (2), 948.35 (1) (b) or (c) or 948.36.

AB1-ASA1, s. 384 Section 384. 302.11 (1p) of the statutes is amended to read:

AB1-ASA1,189,23 302.11 (1p) An inmate serving a term subject to s. 961.49 (2), 1999 stats., for a crime committed before December 31, 1999, is entitled to mandatory release, except the inmate may not be released before he or she has complied with s. 961.49 (2), 1999 stats.

AB1-ASA1, s. 385 Section 385. 302.11 (1z) of the statutes is amended to read:

AB1-ASA1,190,4 302.11 (1z) An inmate who is sentenced to a term of confinement in prison under s. 973.01 for a felony that is committed on or after December 31, 1999, is not entitled under this section to mandatory release on parole under this section that sentence.