Amendment ASA1-AB64

AB64-ASA1,2221 Section 2221 . 706.05 (12) of the statutes is amended to read:

AB64-ASA1,925,21 706.05 (12) Every conveyance of any interest in real property offered for recordation shall be accompanied by the form under s. 77.22 (2). If the property is subject to certification under s. 101.122 (4) (a), waiver under s. 101.122 (4) (b) or stipulation under s. 101.122 (4) (c), the documents of conveyance offered for recordation shall have appended the certificate required under s. 101.122 (4) (a), a waiver under s. 101.122 (4) (b) or a stipulation under s. 101.122 (4) (c).

AB64-ASA1,2225d Section 2225d. 770.001 of the statutes is repealed.

AB64-ASA1,2225f Section 2225f. 770.05 (intro.) of the statutes is amended to read:

AB64-ASA1,926,3 770.05 Criteria for forming a domestic partnership. (intro.) Two Subject to s. 770.07 (1) (a), 2 individuals may form a domestic partnership if they satisfy all of the following criteria:

AB64-ASA1,2225p Section 2225p. 770.07 (1) (a) of the statutes is amended to read:

AB64-ASA1,926,9 770.07 (1) (a) Individuals who wish to To form a domestic partnership shall, individuals must apply on or after the 31st day beginning after July 1, 2009, but no later than the effective date of this paragraph .... [LRB inserts date], for a declaration of domestic partnership to the county clerk of the county in which at least one of the individuals has resided for at least 30 days immediately before applying.

AB64-ASA1,2225r Section 2225r. 770.07 (3) of the statutes is created to read:

AB64-ASA1,926,13 770.07 (3) No county clerk may issue a declaration of domestic partnership to individuals who apply after the effective date of this subsection .... [LRB inserts date].

AB64-ASA1,2226 Section 2226 . 778.25 (1) (a) 7. of the statutes is repealed.

AB64-ASA1,2227 Section 2227 . 778.25 (1) (b) of the statutes is amended to read:

AB64-ASA1,926,18 778.25 (1) (b) The citation form provided by this section may serve as the initial pleading for the action and, except as provided in par. (c), is adequate process to give a court jurisdiction over the person if the citation is filed with the court.

AB64-ASA1,2228 Section 2228 . 778.25 (1) (c) of the statutes is repealed.

AB64-ASA1,2229j Section 2229j. 779.14 (1e) (b) of the statutes is amended to read:

AB64-ASA1,927,2 779.14 (1e) (b) All contracts that are in excess of $30,000, as indexed under sub. (1s), and that are for performing, furnishing, or procuring labor, services, materials, plans, or specifications for a public improvement or public work shall contain a provision under which the prime contractor agrees, to the extent practicable, to maintain a list of all subcontractors, suppliers, and service providers performing, furnishing, or procuring labor, services, materials, plans, or specifications under the contract.

AB64-ASA1,2229k Section 2229k. 779.14 (1m) (c) 1. (intro.) of the statutes is amended to read:

AB64-ASA1,927,6 779.14 (1m) (c) 1. (intro.) In the case of a contract with a contract price exceeding $10,000, as indexed under sub. (1s), $16,000 but not exceeding $100,000, as indexed under sub. (1s) $148,000:

AB64-ASA1,2229m Section 2229m. 779.14 (1m) (c) 2. (intro.) of the statutes is amended to read:

AB64-ASA1,927,10 779.14 (1m) (c) 2. (intro.) In the case of a contract with a contract price exceeding $100,000, as indexed under sub. (1s), $148,000 but not exceeding $250,000, as indexed under sub. (1s) $369,000:

AB64-ASA1,2229n Section 2229n. 779.14 (1m) (c) 3. of the statutes is amended to read:

AB64-ASA1,927,15 779.14 (1m) (c) 3. In the case of a contract with a contract price exceeding $250,000, as indexed under sub. (1s), $369,000 the contract shall require the prime contractor to obtain a payment and performance bond meeting the requirements under par. (e).

AB64-ASA1,2229p Section 2229p. 779.14 (1m) (d) 1. (intro.) of the statutes is amended to read:

AB64-ASA1,927,19 779.14 (1m) (d) 1. (intro.) In the case of a contract with a contract price exceeding $10,000, as indexed under sub. (1s), $16,000 but not exceeding $50,000, as indexed under sub. (1s) $74,000:

AB64-ASA1,2229r Section 2229r. 779.14 (1m) (d) 2. (intro.) of the statutes is amended to read:

AB64-ASA1,927,23 779.14 (1m) (d) 2. (intro.) In the case of a contract with a contract price exceeding $50,000, as indexed under sub. (1s), $74,000 but not exceeding $100,000, as indexed under sub. (1s) $148,000:

AB64-ASA1,2229s Section 2229s. 779.14 (1m) (d) 3. of the statutes is amended to read:

AB64-ASA1,928,4 779.14 (1m) (d) 3. Except as provided in sub. (4), in the case of a contract with a contract price exceeding $100,000, as indexed under sub. (1s), $148,000 the contract shall require the prime contractor to obtain a payment and performance bond meeting the requirements under par. (e).

AB64-ASA1,2229t Section 2229t. 779.14 (1s) of the statutes is repealed.

AB64-ASA1,2230s Section 2230s. 809.30 (2) (d) of the statutes is amended to read:

AB64-ASA1,928,15 809.30 (2) (d) Indigency redetermination. Except as provided in this paragraph, whenever a person whose trial counsel is appointed by the state public defender files a notice under par. (b) requesting public defender representation for purposes of postconviction or postdisposition relief, the prosecutor may, within 5 days after the notice is served and filed, file in the circuit court and serve upon the state public defender a request that the person's indigency be redetermined before counsel is appointed or transcripts are requested. This paragraph does not apply to a person who is entitled to be represented by counsel under s. 48.23, 51.60 (1), 55.105, or 938.23, or 980.03 (2) (a).

AB64-ASA1,2233 Section 2233 . 815.18 (3) (o) of the statutes is amended to read:

AB64-ASA1,928,17 815.18 (3) (o) Tuition units. Tuition units purchased under s. 16.64 224.48.

AB64-ASA1,2234 Section 2234 . 815.18 (3) (p) of the statutes is amended to read:

AB64-ASA1,928,20 815.18 (3) (p) College savings accounts. An interest in a college savings account under s. 16.641 224.50.

AB64-ASA1,2235 Section 2235 . 846.167 (2) (a) of the statutes is amended to read:

AB64-ASA1,929,2 846.167 (2) (a) If the purchaser is not the judgment creditor, before the court may confirm the sale, the purchaser shall provide the judgment creditor with any information required for the judgment creditor to complete the real estate transfer return under s. 77.22 and, if applicable, any information required for a certificate, waiver, or stipulation required under s. 101.122.

AB64-ASA1,2236 Section 2236 . 846.167 (2) (b) 2. b. of the statutes is amended to read:

AB64-ASA1,929,6 846.167 (2) (b) 2. b. Any other document required for the register of deeds to record the deed, including any certificate, waiver, or stipulation required under s. 101.122.

AB64-ASA1,2237 Section 2237 . 846.167 (2) (c) of the statutes is amended to read:

AB64-ASA1,929,11 846.167 (2) (c) No later than 10 days after the court confirms the sale, the judgment creditor shall provide to the court the receipt for submitting a transfer return under s. 77.22 and any certificate, waiver, or stipulation required under s. 101.122.

AB64-ASA1,2238 Section 2238 . 846.167 (3) of the statutes is amended to read:

AB64-ASA1,929,20 846.167 (3) Upon the court confirming the sale of mortgaged premises located in a county and upon compliance by the purchaser with the terms of the sale and the payment of any balance of the sale price to be paid, unless otherwise ordered by the court, the clerk of the court shall transmit the deed to the mortgaged premises received under s. 846.16, the receipt for submitting a transfer return under s. 77.22, any certificate, waiver, or stipulation required under s. 101.122, the amount due under s. 59.43 (2) to record the deed and any other document required to record the deed, and the transfer fee, if any, to the register of deeds of the county.

AB64-ASA1,2245 Section 2245 . 938.396 (2g) (o) of the statutes is amended to read:

AB64-ASA1,930,3 938.396 (2g) (o) Criminal history record search. If a juvenile is adjudged delinquent for committing a serious crime, as defined in s. 48.685 (1) (c) or 48.686 (1) (c), the court clerk shall notify the department of justice of that fact. No other information from the juvenile's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose any information provided under this subsection only as part of a criminal history record search under s. 48.685 (2) (am) 1. or (b) 1. a. 1m. or s. 48.686 (2) (am).

AB64-ASA1,2246 Section 2246 . 938.485 (4) of the statutes is amended to read:

AB64-ASA1,930,12 938.485 (4) Reimbursement of tribes and counties for tribal delinquency placements. Reimburse Indian tribes and county departments, from the appropriation under s. 20.437 (1) (kp) (kz), for unexpected or unusually high-cost out-of-home care placements of Indian juveniles who have been adjudicated delinquent by tribal courts. In this subsection, “unusually high-cost out-of-home care placements" means the amount by which the cost to an Indian tribe or to a county department of out-of-home care placements of Indian juveniles who have been adjudicated delinquent by tribal courts exceeds $50,000 in a fiscal year.

AB64-ASA1,2248m Section 2248m. 944.21 (8) (b) 3. a. of the statutes is amended to read:

AB64-ASA1,930,16 944.21 (8) (b) 3. a. Is a technical college, is a school approved by the educational approval board under s. 38.50 440.52, or is a school described in s. 38.50 440.52 (1) (e) 6., 7. or 8.; and

AB64-ASA1,2248p Section 2248p. 944.21 (8) (b) 3. a. of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,930,21 944.21 (8) (b) 3. a. Is a technical college, is a school approved by the educational approval board department of safety and professional services under s. 440.52, or is a school described in s. 440.52 (1) (e) 6., 7. or 8.; and

AB64-ASA1,2249 Section 2249 . 946.15 of the statutes is repealed.

AB64-ASA1,2249e Section 2249e. 946.91 (3) (c) 3. of the statutes is created to read:

AB64-ASA1,930,25 946.91 (3) (c) 3. Any payment made for sharing of cost savings under s. 49.45 (26g).

AB64-ASA1,2249g Section 2249g. 946.93 (5) (c) 3. of the statutes is created to read:

AB64-ASA1,931,3 946.93 (5) (c) 3. Any payment made for sharing of cost savings under s. 49.45 (26g).

AB64-ASA1,2250m Section 2250m. 948.11 (4) (b) 3. a. of the statutes is amended to read:

AB64-ASA1,931,7 948.11 (4) (b) 3. a. Is a technical college, is a school approved by the educational approval board under s. 38.50 440.52, or is a school described in s. 38.50 440.52 (1) (e) 6., 7. or 8.; and

AB64-ASA1,2250p Section 2250p. 948.11 (4) (b) 3. a. of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,931,12 948.11 (4) (b) 3. a. Is a technical college, is a school approved by the educational approval board department of safety and professional services under s. 440.52, or is a school described in s. 440.52 (1) (e) 6., 7. or 8.; and

AB64-ASA1,2251c Section 2251c. 961.385 (2) (cs) 1. of the statutes, as created by 2015 Wisconsin Act 266, is amended to read:

AB64-ASA1,931,19 961.385 (2) (cs) 1. Require a practitioner to review that a patient's records under the program be reviewed before the practitioner issues a prescription order for the patient. The review required under this subdivision may be performed by the practitioner or by the practitioner's agent in accordance with applicable standards of practice. This subdivision does not apply after April 1, 2020.

AB64-ASA1,2251g Section 2251g. 961.385 (2) (cs) 2. (intro.) of the statutes, as created by 2015 Wisconsin Act 266, is amended to read:

AB64-ASA1,931,24 961.385 (2) (cs) 2. (intro.) The requirement under subd. 1. that a practitioner review a patient's records under the program be reviewed before the practitioner issues a prescription order for the patient does not apply if any of the following is true:

AB64-ASA1,2251L Section 2251L. 961.385 (2) (cs) 2. d. of the statutes, as created by 2015 Wisconsin Act 266, is amended to read:

AB64-ASA1,932,5 961.385 (2) (cs) 2. d. Due to emergency, it is not possible for the practitioner to review the patient's records under the program before the practitioner issues a prescription order for the patient.

AB64-ASA1,2251p Section 2251p. 961.385 (2) (cs) 2. e. of the statutes, as created by 2015 Wisconsin Act 266, is amended to read:

AB64-ASA1,932,11 961.385 (2) (cs) 2. e. The practitioner is unable It is not possible to review the patient's records under the program because the digital platform for the program is not operational or due to other technological failure if the practitioner reports that failure is reported to the board.

AB64-ASA1,2251t Section 2251t. 961.385 (2) (f) of the statutes is amended to read:

AB64-ASA1,932,17 961.385 (2) (f) Permit the board to refer to the appropriate licensing or regulatory board for discipline, or the appropriate law enforcement agency for investigation and possible prosecution, a pharmacist, pharmacy, or practitioner that fails to comply with rules promulgated under this subsection, including by failure to generate a record that is required by the program.

AB64-ASA1,2251x Section 2251x. 961.385 (2) (fm) of the statutes is created to read:

AB64-ASA1,932,22 961.385 (2) (fm) Permit the board to refer a pharmacist, pharmacy, or practitioner to the appropriate law enforcement agency for investigation and possible prosecution when the board has determined that a criminal violation may have occurred.

AB64-ASA1,2251xg Section 2251xg. 961.443 (2) of the statutes, as affected by 2017 Wisconsin Act 33, sections 1em, 1gm and 1im, and 2017 Wisconsin Act .... (this act), is repealed and recreated to read:

AB64-ASA1,933,6 961.443 (2) Immunity from criminal prosecution. An aider is immune from prosecution under s. 961.573 for the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a controlled substance or a controlled substance analog, and under s. 961.69 (2) for possession of a masking agent under the circumstances surrounding or leading to his or her commission of an act described in sub. (1).

AB64-ASA1,2251xm Section 2251xm. 961.443 (2) (a) of the statutes, as affected by 2017 Wisconsin Act 33, section 1g, is amended to read:

AB64-ASA1,933,17 961.443 (2) (a) No aider may have his or her parole, probation, or extended supervision revoked, and an aider is immune from prosecution under s. 946.49 for bail jumping, under s. 961.573 for the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a controlled substance or a controlled substance analog, and under s. 961.69 (2) for possession of a masking agent, under the circumstances surrounding or leading to his or her commission of an act described in sub. (1) that occurs on or after July 19, 2017, if the aider's attempt to obtain assistance occurs immediately after the aider believes the other person is suffering from the overdose or other adverse reaction.

AB64-ASA1,2251xp Section 2251xp. 961.443 (2) (b) 1. of the statutes, as created by 2017 Wisconsin Act 33, is amended to read:

AB64-ASA1,934,2 961.443 (2) (b) 1. No aided person may have his or her parole, probation, or extended supervision revoked under the circumstances surrounding or leading to an aider's commission of an act described in sub. (1) that occurs on or after July 19, 2017, if the aided person completes a treatment program as a condition of his or her parole, probation, or extended supervision or, if a treatment program is unavailable or would be prohibitive financially, agrees to be imprisoned in the county jail for not less than 15 days.

AB64-ASA1,2251xs Section 2251xs. 961.443 (2) (b) 2. of the statutes, as created by 2017 Wisconsin Act 33, is amended to read:

AB64-ASA1,934,14 961.443 (2) (b) 2. If an aided person is subject to prosecution under s. 946.49 for bail jumping, under s. 961.573 for the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a controlled substance or a controlled substance analog, or under s. 961.69 (2) for possession of a masking agent under the circumstances surrounding or leading to an aider's commission of an act described in sub. (1) that occurs on or after July 19, 2017, the district attorney shall offer the aided person a deferred prosecution agreement that includes the completion of a treatment program. This subdivision does not apply to an aided person who is on parole, probation, or extended supervision and fails to meet a condition under subd. 1.

AB64-ASA1,2251y Section 2251y. 967.06 (2) (b) of the statutes is amended to read:

AB64-ASA1,934,19 967.06 (2) (b) If the person indicating that he or she wants to be represented by a lawyer is detained under ch. 48, 51, 55, or 938, or 980, the person shall be referred for appointment of counsel as provided under s. 48.23 (4), 51.60, 55.105, or 938.23 (4), or 980.03 (2) (a), whichever is applicable.

AB64-ASA1,2252 Section 2252 . 967.06 (3) of the statutes is amended to read:

AB64-ASA1,935,2 967.06 (3) In any case in which the state public defender provides representation to an indigent person, the public defender may request that the applicable court reporter or clerk of circuit court prepare and transmit any transcript or court record. The request shall be complied with. The state public defender shall, from the appropriation under s. 20.550 (1) (f) (a), compensate the court reporter or clerk of circuit court for the cost of preparing, handling, duplicating, and mailing the documents.

AB64-ASA1,2253 Section 2253 . 970.05 (2) (b) of the statutes is amended to read:

AB64-ASA1,935,8 970.05 (2) (b) When a transcript is requested under sub. (1) by the state public defender or by a private attorney appointed under s. 977.08, the state public defender shall pay the cost of the original from the appropriation under s. 20.550 (1) (f) (a) and any additional copies shall be paid for at the statutory rate by the party requesting the copies.

AB64-ASA1,2254 Section 2254 . 971.23 (10) of the statutes is amended to read:

AB64-ASA1,935,17 971.23 (10) Payment of copying costs in cases involving indigent defendants. When the state public defender or a private attorney appointed under s. 977.08 requests copies, in any format, of any item that is discoverable under this section, the state public defender shall pay any fee charged for the copies from the appropriation account under s. 20.550 (1) (f) (a). If the person providing copies under this section charges the state public defender a fee for the copies, the fee may not exceed the applicable maximum fee for copies of discoverable materials that is established by rule under s. 977.02 (9).

AB64-ASA1,2255 Section 2255 . 973.013 (3m) of the statutes is amended to read:

AB64-ASA1,936,11 973.013 (3m) If a person who has not attained the age of 16 18 years is sentenced to the Wisconsin state prisons, the department shall place the person at a juvenile correctional facility or a secured residential care center for children and youth, unless the department determines that placement in an institution under s. 302.01 is appropriate based on the person's prior record of adjustment in a correctional setting, if any; the person's present and potential vocational and educational needs, interests and abilities; the adequacy and suitability of available facilities; the services and procedures available for treatment of the person within the various institutions; the protection of the public; and any other considerations promulgated by the department by rule. The department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). This subsection does not preclude the department from designating an adult correctional institution, other than the correctional institution authorized in s. 301.16 (1n), as a reception center for the person and subsequently transferring the person to a juvenile correctional facility or a secured residential care center for children and youth. Section 302.11 and ch. 304 apply to all persons placed in a juvenile correctional facility or a secured residential care center for children and youth under this subsection.