Amendment ASA1-AB40

AB40-ASA1,1385,21 938.38 (2) (f) The juvenile's care would be paid for under s. 49.19 but for s. 49.19 (20), except that this paragraph does not apply to a juvenile whose care is being paid for under s. 48.623 (1).

AB40-ASA1, s. 3526h Section 3526h. 938.38 (4) (j) of the statutes is created to read:

AB40-ASA1,1385,25 938.38 (4) (j) If the juvenile is placed in the home of a relative or other person described in s. 48.623 (1) (b) 1. who will be receiving subsidized guardianship payments, a description of all of the following:

AB40-ASA1,1386,2 1. The steps the agency has taken to determine that it is not appropriate for the juvenile to be returned to his or her home or to be adopted.

AB40-ASA1,1386,5 2. If a decision has been made not to place the juvenile and his or her siblings, as defined in par. (br) 1., in a joint placement, the reasons for separating the juvenile and his or her siblings during the placement.

AB40-ASA1,1386,10 3. The reasons why a permanent placement with a fit and willing relative or other person described in s. 48.623 (1) (b) 1. through a subsidized guardianship arrangement is in the best interests of the juvenile. In the case of an Indian juvenile, the best interests of the Indian juvenile shall be determined in accordance with s. 938.01 (3).

AB40-ASA1,1386,13 4. The ways in which the juvenile and the relative or other person described in s. 48.623 (1) (b) 1. meet the eligibility requirements specified in s. 48.623 (1) for the receipt of subsidized guardianship payments.

AB40-ASA1,1386,17 5. The efforts the agency has made to discuss adoption of the juvenile by the relative or other person described in s. 48.623 (1) (b) 1. as a more permanent alternative to guardianship and, if that relative or other person has chosen not to pursue adoption, documentation of the reasons for not pursuing adoption.

AB40-ASA1,1386,20 6. The efforts the agency has made to discuss the subsidized guardianship arrangement with the juvenile's parents or, if those efforts were not made, documentation of the reasons for not making those efforts.

AB40-ASA1, s. 3526m Section 3526m. 938.49 (2) (b) of the statutes is amended to read:

AB40-ASA1,1386,25 938.49 (2) (b) Notify the juvenile's last school district or, if the juvenile was last enrolled in a private school participating in the program under s. 118.60, in the program under s. 118.62, or in the program under s. 119.23, the private school, in writing of its obligation under s. 118.125 (4).

AB40-ASA1, s. 3526q Section 3526q. 938.57 (3) (a) 4. of the statutes is amended to read:

AB40-ASA1,1387,3 938.57 (3) (a) 4. Is living in a foster home, group home, residential care center for children and youth, or subsidized guardianship home under s. 48.62 (5).

AB40-ASA1, s. 3527 Section 3527. 938.78 (2) (g) of the statutes is amended to read:

AB40-ASA1,1387,18 938.78 (2) (g) Paragraph (a) does not prohibit an agency from disclosing information about an individual in its care or legal custody on the written request of the department of regulation and licensing safety and professional services or of any interested examining board or affiliated credentialing board in that department for use in any investigation or proceeding relating to any alleged misconduct by any person who is credentialed or who is seeking credentialing under ch. 448, 455 or 457. Unless authorized by an order of the court, the department of regulation and licensing safety and professional services and any examining board or affiliated credentialing board in that department shall keep confidential any information obtained under this paragraph and may not disclose the name of or any other identifying information about the individual who is the subject of the information disclosed, except to the extent that redisclosure of that information is necessary for the conduct of the investigation or proceeding for which that information was obtained.

AB40-ASA1, s. 3528 Section 3528. 940.20 (7) (a) 3. of the statutes is amended to read:

AB40-ASA1,1387,23 940.20 (7) (a) 3. "Health care provider" means any person who is licensed, registered, permitted or certified by the department of health services or the department of regulation and licensing safety and professional services to provide health care services in this state.

AB40-ASA1, s. 3529 Section 3529. 940.207 (title) of the statutes is amended to read:

AB40-ASA1,1388,2 940.207 (title) Battery or threat to department of commerce safety and professional services or department of workforce development employee.

AB40-ASA1, s. 3530 Section 3530. 940.207 (2) (intro.) of the statutes is amended to read:

AB40-ASA1,1388,8 940.207 (2) (intro.) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any department of commerce safety and professional services or department of workforce development official, employee or agent under all of the following circumstances is guilty of a Class H felony:

AB40-ASA1, s. 3531 Section 3531. 940.207 (2) (a) of the statutes is amended to read:

AB40-ASA1,1388,13 940.207 (2) (a) At the time of the act or threat, the actor knows or should have known that the victim is a department of commerce safety and professional services or department of workforce development official, employee or agent or a member of his or her family.

AB40-ASA1, s. 3532 Section 3532. 940.22 (1) (a) of the statutes is amended to read:

AB40-ASA1,1388,16 940.22 (1) (a) "Department" means the department of regulation and licensing safety and professional services.

AB40-ASA1, s. 3534e Section 3534e. 946.15 (title) of the statutes is amended to read:

AB40-ASA1,1388,19 946.15 (title) Public and publicly funded construction contracts at less than full rate.

AB40-ASA1, s. 3534em Section 3534em. 946.15 (1) of the statutes is amended to read:

AB40-ASA1,1389,10 946.15 (1) Any employer, or any agent or employee of an employer, who induces any person who seeks to be or is employed pursuant to a public contract as defined in s. 66.0901 (1) (c) or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 (6) to give up, waive, or return any part of the compensation to which that person is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department or local governmental unit, or who reduces the hourly basic rate of pay normally paid to an employee for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3) or (6), 66.0904 (4) or (6), 103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the employee works both on a project on which a prevailing wage rate determination has been issued and on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class I felony.

AB40-ASA1, s. 3534f Section 3534f. 946.15 (2) of the statutes is amended to read:

AB40-ASA1,1390,2 946.15 (2) Any person employed pursuant to a public contract as defined in s. 66.0901 (1) (c) or employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 (6) who gives up, waives, or returns to the employer or agent of the employer any part of the compensation to which the employee is entitled under his or her contract of employment or under the prevailing wage determination issued by the department or local governmental unit, or who gives up any part of the compensation to which he or she is normally entitled for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3) or (6), 66.0904 (4) or (6), 103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the person works part-time on a project on which a prevailing wage rate determination has been issued and part-time on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class C misdemeanor.

AB40-ASA1, s. 3534g Section 3534g. 946.15 (3) of the statutes is amended to read:

AB40-ASA1,1390,13 946.15 (3) Any employer or labor organization, or any agent or employee of an employer or labor organization, who induces any person who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 (6) to permit any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the person's pay is guilty of a Class I felony, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142.

AB40-ASA1, s. 3435h Section 3435h. 946.15 (4) of the statutes is amended to read:

AB40-ASA1,1390,23 946.15 (4) Any person employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 (6) who permits any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142.

AB40-ASA1, s. 3535 Section 3535. 950.04 (1v) (f) of the statutes is amended to read:

AB40-ASA1,1391,3 950.04 (1v) (f) To have the earned release review parole commission make a reasonable attempt to notify the victim of applications for parole or release to extended supervision, as provided under s. 304.06 (1).

AB40-ASA1, s. 3536 Section 3536. 950.04 (1v) (g) of the statutes is amended to read:

AB40-ASA1,1391,7 950.04 (1v) (g) To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), 971.095 (3) and 972.14 (3) (b).

AB40-ASA1, s. 3537 Section 3537. 950.04 (1v) (gm) of the statutes is amended to read:

AB40-ASA1,1391,13 950.04 (1v) (gm) To have reasonable attempts made to notify the victim of an offender who submits a petition petitions for sentence adjustment as provided under s. 973.195 (1r) (d), an offender who applies for release to extended supervision under s. 302.113 (2) (b), 302.1135, or 304.06 (1), or an offender who applies for a reduction under s. 973.01 (4m) or 973.198.

AB40-ASA1, s. 3538 Section 3538. 950.04 (1v) (nt) of the statutes is amended to read:

AB40-ASA1,1391,17 950.04 (1v) (nt) To attend a hearing on a petition for modification of a bifurcated sentence and provide a statement concerning modification of the bifurcated sentence, as provided under s. 302.1135 (4) 302.113 (9g) (d).

AB40-ASA1, s. 3539 Section 3539. 951.01 (3f) of the statutes is amended to read:

AB40-ASA1,1391,20 951.01 (3f) "Fire department" includes a volunteer fire department and a department under s. 60.553, 61.66, or 62.13 (2e).

AB40-ASA1, s. 3539e Section 3539e. 951.015 (3) of the statutes is created to read:

AB40-ASA1,1391,25 951.015 (3) This chapter does not apply to an animal that is being used for research or experimentation at an educational or research institution or to an animal that is being used for research or experimentation that is regulated under 7 USC 2131 to 2159 or 42 USC 289d.

AB40-ASA1, s. 3539m Section 3539m. 951.02 of the statutes is amended to read:

AB40-ASA1,1392,5 951.02 Mistreating animals. No person may treat any animal, whether belonging to the person or another, in a cruel manner. This section does not prohibit bona fide experiments carried on for scientific research or normal and accepted veterinary practices.

AB40-ASA1, s. 3539s Section 3539s. 951.06 of the statutes is amended to read:

AB40-ASA1,1392,15 951.06 Use of poisonous and controlled substances. No person may expose any domestic animal owned by another to any known poisonous substance, any controlled substance included in schedule I, II, III, IV or V of ch. 961, or any controlled substance analog of a controlled substance included in schedule I or II of ch. 961, whether mixed with meat or other food or not, so that the substance is liable to be eaten by the animal and for the purpose of harming the animal. This section shall not apply to poison used on one's own premises and designed for the purpose of rodent or pest extermination nor to the use of a controlled substance in bona fide experiments carried on for scientific research or in accepted veterinary practices.

AB40-ASA1, s. 3540 Section 3540. 961.01 (20g) of the statutes is amended to read:

AB40-ASA1,1392,19 961.01 (20g) "Public housing project" means any housing project or development administered by a housing authority, as defined in s. 560.9801 16.301 (2).

AB40-ASA1, s. 3541 Section 3541. 961.36 (1m) of the statutes is amended to read:

AB40-ASA1,1393,2 961.36 (1m) At the request of the department of regulation and licensing safety and professional services or a board, examining board or affiliated credentialing board in the department of regulation and licensing safety and professional services, the controlled substances board shall provide advice and assistance in matters related to the controlled substances law to the department or to the board, examining board or affiliated credentialing board in the department making the request for advice or assistance.

AB40-ASA1, s. 3541g Section 3541g. 969.12 (1) of the statutes is repealed.

AB40-ASA1, s. 3541r Section 3541r. 969.12 (2) of the statutes is amended to read:

AB40-ASA1,1393,10 969.12 (2) A surety under this chapter shall be a natural person, except who is a resident of this state, a surety under s. 345.61, or a surety corporation or its agent that is licensed under s. 440.9993. No natural person or surety under this chapter under s. 345.61 may be compensated for acting as such a surety. A surety corporation or its agent that is licensed under s. 440.9993 shall be compensated at a rate of 10 percent of the amount of the bond set.

AB40-ASA1, s. 3542 Section 3542. 973.01 (3d) of the statutes is repealed.

AB40-ASA1, s. 3543 Section 3543. 973.01 (4) of the statutes is amended to read:

AB40-ASA1,1393,19 973.01 (4) Extension No good time; extension or reduction of term of imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a., 302.113 (9g), or 973.195 (1r), or adjustment under s. 302.113 (2) (b), 302.1135 (6) (a), or 304.06 (1) or 973.198.

AB40-ASA1, s. 3544 Section 3544. 973.01 (4m) of the statutes is repealed.

AB40-ASA1, s. 3545 Section 3545. 973.01 (7) of the statutes is amended to read:

AB40-ASA1,1394,2 973.01 (7) Discharge No discharge. The department of corrections shall may not discharge a person who is serving a bifurcated sentence from custody, control and supervision when until the person has served the entire bifurcated sentence, as modified under sub. (4m) or s. 302.113 (2) (b) or (9h), 302.1135, or 304.06 (1), if applicable.

AB40-ASA1, s. 3547 Section 3547. 973.045 (1r) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,1394,5 973.045 (1r) (a) (intro.) The clerk shall record any crime victim and witness surcharge imposed under sub. (1) in 2 parts as follows:

AB40-ASA1, s. 3548 Section 3548. 973.045 (1r) (a) 2. of the statutes is amended to read:

AB40-ASA1,1394,8 973.045 (1r) (a) 2. Part B equals $27 $20 for each misdemeanor offense or count and $27 $20 for each felony offense or count.

AB40-ASA1, s. 3549 Section 3549. 973.045 (1r) (a) 3. of the statutes is created to read:

AB40-ASA1,1394,11 973.045 (1r) (a) 3. Part C equals $7 for each misdemeanor offense or count and $7 for each felony offense or count.

AB40-ASA1, s. 3550 Section 3550. 973.045 (2m) of the statutes, as affected by 2009 Wisconsin Act 28, section 3391c, is amended to read:

AB40-ASA1,1394,16 973.045 (2m) (a) The secretary of administration shall credit to the appropriation account under s. 20.455 (5) (gc) the first $20 of part B of the crime victim and witness surcharge.

AB40-ASA1,1394,20 (b) The secretary of administration shall credit to the appropriation account under s. 20.455 (5) (g) part A of the crime victim and witness surcharge and any part of part B C of the crime victim and witness surcharge that remains after the secretary of administration complies with par. (a).

AB40-ASA1, s. 3551 Section 3551. 973.045 (3) (c) of the statutes is created to read:

AB40-ASA1,1394,24 973.045 (3) (c) The person paying the crime victim and witness surcharge shall pay all of the moneys due under part A and part B before he or she pays any of the moneys due under part C.

AB40-ASA1, s. 3552 Section 3552. 973.05 (2m) (dg) of the statutes is created to read:

AB40-ASA1,1395,2 973.05 (2m) (dg) To payment of part C of the crime victim and witness assistance surcharge until paid in full.

AB40-ASA1, s. 3552m Section 3552m. 973.06 (1) (j) of the statutes is created to read:

AB40-ASA1,1395,13 973.06 (1) (j) If the defendant violated s. 23.33 (4c), 30.681, 346.63, 350.101, 940.09 (1), or 940.25, any costs charged to or paid by a law enforcement agency for the withdrawal of the defendant's blood, except that the court may not impose on the defendant any cost for an alternative test provided free of charge as described in s. 343.305 (4). If at the time the court finds that the defendant committed the violation, the law enforcement agency has not paid or been charged with the costs of withdrawing the person's blood, the court shall impose and collect the costs the law enforcement agency reasonably expects to be charged for the withdrawal, based on the current charges for this procedure. Notwithstanding sub. (2), the court may not remit these costs.

AB40-ASA1, s. 3553 Section 3553. 973.09 (3) (d) of the statutes is repealed.

AB40-ASA1, s. 3554 Section 3554. 973.195 (1r) (a) of the statutes is amended to read:

AB40-ASA1,1395,22 973.195 (1r) (a) An Except as provided in s. 973.198, an inmate who is serving a sentence imposed under s. 973.01 before October 1, 2009, for a crime other than a Class B felony may petition the sentencing court to adjust the sentence if the inmate has served at least the applicable percentage of the term of confinement in prison portion of the sentence. If an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually for purposes of sentence adjustment under this subsection.

AB40-ASA1, s. 3555 Section 3555. 973.195 (1r) (j) of the statutes is repealed.

AB40-ASA1, s. 3556 Section 3556. 973.198 of the statutes is created to read:

AB40-ASA1,1396,6 973.198 Sentence adjustment; positive adjustment time. (1) Subject to sub. (2), an inmate who is serving a sentence imposed under s. 973.01 on or after October 1, 2009, but before the effective date of this subsection .... [LRB inserts date], and who has earned positive adjustment time under s. 302.113, 2009 stats., or under s. 304.06, 2009 stats., may petition the sentencing court to adjust the sentence under this section.

AB40-ASA1,1396,12 (2) When the department of corrections determines that an inmate has served the confinement portion of his or her sentence less positive adjustment time earned between October 1, 2009, and the effective date of this subsection .... [LRB inserts date], the inmate may petition the sentencing court to adjust his or her sentence based on the number of days of positive adjustment time the inmate claims that he or she has earned.

AB40-ASA1,1396,15 (3) Within 60 days of receipt of a petition filed under sub. (2), the sentencing court shall either deny the petition or hold a hearing and issue an order relating to the inmate's sentence adjustment and release to extended supervision.

AB40-ASA1,1396,18 (4) At the hearing under sub. (3), the court may consider the inmate's conduct in prison, his or her level of risk of reoffending, based on a verified, objective instrument, and the nature of the offense committed by the inmate.

AB40-ASA1,1396,23 (5) If the court determines that the inmate has earned positive adjustment time, the court may reduce the term of confinement in prison by the amount of time remaining in the term of confinement in prison portion of the sentence, less up to 30 days, and shall lengthen the term of extended supervision so that the total length of the bifurcated sentence originally imposed does not change.