(a) If a person elects to pay the applicable fixed amount, the person cannot be held liable for any additional payment for counsel.
(b) The person may pay the fixed amount only at the beginning of the representation.
(3) The board shall establish by rule a fee schedule that sets the amount that a person, other than a parent subject to s. 48.275 (2) (b), who is responsible for payment for legal representation shall pay for the cost of the legal representation. The schedule shall establish a fee for a given type of case, and the fee for a given type of case shall be based on the average cost, as determined by the board, for representation for that type of case.
(4) The board may establish by rule a procedure for collecting a nonrefundable partial payment within 60 days after the commencement of representation for legal services from persons who are responsible for payment for legal representation. This subsection does not apply to a parent who is subject to s. 48.275 (2) (b).
(5) The rules under subs. (3) and (4) do not apply to a person who has paid under sub. (1).
27,7281q
Section 7281q. 977.076 of the statutes is created to read:
977.076 Collections. (1) If the state public defender notifies the court in which the underlying action was filed that a person who is required to reimburse the state public defender for legal representation has failed to make the required payment or to timely make periodic payments, the court may issue a judgment on behalf of the state for the unpaid balance and direct the clerk of circuit court to file and docket a transcript of the judgment, without fee. If the court issues a judgment for the unpaid balance, the court shall send a notice to the person at his or her last-known address that a civil judgment has been issued for the unpaid balance. The judgment has the same force and effect as judgments issued under s. 806.10. Except as provided in s. 48.275 (2) (b), the judgment shall be based on the person's ability to pay and on the fee schedule established by the board under s. 977.075 (3).
(2) The department of administration may collect unpaid reimbursement payments to the state public defender ordered by a court under sub. (1) or s. 48.275 (1) (a), 757.66 or 973.06 (1) (e). The department may contract with a private collection agency to collect these payments. Section 16.705 does not apply to a contract under this subsection.
27,7281s
Section 7281s. 977.077 of the statutes is created to read:
977.077 Deposit of payments received. Payments for services provided by the state public defender or other counsel under this chapter that are received pursuant to s. 977.07, 977.075 or 977.076 shall be deposited in the state treasury and credited to the appropriation under s. 20.550 (1) (L).
27,7281t
Section 7281t. 977.08 (2) (c) of the statutes is amended to read:
977.08 (2) (c) Cases involving persons charged with a misdemeanor that is punishable by imprisonment but is not specified under par. (a) and to which s. 939.615 (1) does not apply.
27,7282
Section 7282
. 977.08 (2) (f) of the statutes is repealed.
27,7284b
Section 7284b. 977.08 (3) (f) of the statutes is amended to read:
977.08 (3) (f) Beginning on October 1, 1993, the The state public defender may shall enter into as many annual contracts as possible, subject to par. (fg), with private local attorneys or law firms for the provision of legal representation in cases involving the operation of a vehicle. Under any such contract, the state public defender shall assign cases without regard to pars. (c) and (d), shall set a fixed-fee total amount for all cases handled and shall pay the that amount specified in the contract, which shall not exceed the amount, except that the state public defender may not pay an attorney more for a case than he or she would receive according to the rates under sub. (4m). The contract shall include a procedure authorizing the state public defender to make additional payments for a case or to reassign a case if the circumstances surrounding the case justify the additional payment or reassignment.
27,7284g
Section 7284g. 977.08 (3) (fg) of the statutes is created to read:
977.08 (3) (fg) The total number of cases that may be subject to the annual contracts under par. (f) for a given year may not exceed 33% of the total number of cases at the trial level that are assigned by the state public defender to private counsel under this section for that year.
27,7284m
Section 7284m. 977.08 (3) (fm) of the statutes is created to read:
977.08 (3) (fm) Contracts entered into under par. (f) must terminate before January 1, 1998.
27,7285
Section 7285
. 977.08 (3) (g) of the statutes is created to read:
977.08 (3) (g) The state public defender may appoint an attorney without regard to pars. (c) and (d) based on the state public defender's evaluation of that attorney's performance if the board promulgates rules under s. 977.03 (3).
27,7285g
Section 7285g. 977.08 (4m) of the statutes is amended to read:
977.08 (4m) (a) Unless otherwise provided by a rule promulgated under s. 977.02 (7r), for cases assigned before December 1, 1992, private local attorneys shall be paid $45 per hour for time spent in court; $35 per hour for time spent out of court, excluding travel, related to a case; and $25 per hour for time spent in travel related to a case if any portion of the trip is outside the county in which the attorney's principal office is located or if the trip requires traveling a distance of more than 30 miles, one way, from the attorney's principal office.
(b) Unless otherwise provided by a rule promulgated under s. 977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after December 1, 1992, and before the effective date of this paragraph .... [revisor inserts date], private local attorneys shall be paid $50 per hour for time spent in court; $40 per hour for time spent out of court, excluding travel, related to a case; and $25 per hour for time spent in travel related to a case if any portion of the trip is outside the county in which the attorney's principal office is located or if the trip requires traveling a distance of more than 30 miles, one way, from the attorney's principal office.
27,7285m
Section 7285m. 977.08 (4m) (c) of the statutes is created to read:
977.08 (4m) (c) Unless otherwise provided by a rule promulgated under s. 977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after the effective date of this paragraph .... [revisor inserts date], private local attorneys shall be paid $40 per hour for time spent related to a case, excluding travel, and $25 per hour for time spent in travel related to a case if any portion of the trip is outside the county in which the attorney's principal office is located or if the trip requires traveling a distance of more than 30 miles, one way, from the attorney's principal office.
27,7286
Section 7286
. 977.08 (5) (b) (intro.) of the statutes is amended to read:
977.08 (5) (b) (intro.) For the period before January 1, 1993, any Any of the following constitutes an annual caseload standard for an assistant state public defender in the subunit responsible for trials:
27,7287
Section 7287
. 977.08 (5) (bd) of the statutes is repealed.
27,7288
Section 7288
. 977.08 (5) (bg) of the statutes is repealed.
27,7289
Section 7289
. 977.085 (1) (c) of the statutes is amended to read:
977.085 (1) (c) In the last 3 quarterly reports for fiscal year 1993-94 and in all of the quarterly reports for fiscal year 1994-95 years 1995-96 and 1996-97, information regarding the status of contracting under s. 977.08 (3) (f) and in the first 2 quarterly reports for fiscal year 1997-98, including information showing the cost savings achieved through the contracting.
27,7290m
Section 7290m. 977.10 (title) of the statutes is repealed.
27,7290p
Section 7290p. 977.10 of the statutes is renumbered 977.085 (3) and amended to read:
977.085 (3) On or before each January 15, the state public defender The board shall report provide quarterly reports to the joint committee on finance on the status of reimbursement for or recoupment of payments under ss. 48.275, 757.66 and, 977.06, 977.07 (2), 977.075 and 977.076, including the amount of revenue generated by reimbursement and recoupment. The quarterly reports shall include any alternative means suggested by the board to improve reimbursement and recoupment procedures and to increase the amount of revenue generated. The department of justice, district attorneys, circuit courts and applicable county agencies shall cooperate by providing any necessary information to the state public defender.
27,7290t
Section 7290t. 978.045 (2) (a) of the statutes is amended to read:
978.045 (2) (a) The court shall fix the amount of compensation for any attorney appointed as a special prosecutor under sub. (1r) according to the rates specified in s. 977.08 (4m) (b).
27,7291
Section 7291
. 978.05 (4m) of the statutes is amended to read:
978.05 (4m) Welfare fraud investigations. Cooperate with the department of health and social services industry, labor and human relations regarding the fraud investigation program under s. 49.197 (1m).
27,7292
Section 7292
. 978.05 (6) (b) of the statutes is amended to read:
978.05 (6) (b) Enforce the provisions of all general orders of the department of industry, labor and human relations development relating to the sale, transportation and storage of explosives.
27,7293
Section 7293
. 978.07 (1) (a) of the statutes is amended to read:
978.07 (1) (a) Any district attorney record, after it has first been microfilmed or transferred to optical disk or electronic storage and preserved in accordance with s. 16.61.
27,7293g
Section 7293g. 978.13 (1) (b) of the statutes is amended to read:
978.13 (1) (b) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving felony violations under ch. 161. The state treasurer shall pay the amount authorized under this paragraph to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration from the appropriation under s. 20.475 (1) (h)
(i). The amount paid under this paragraph may not exceed $61,100 $65,800 in the 1993-94 1995-96 fiscal year and $63,600 $68,100 in the 1994-95 1996-97 fiscal year.
27,7293i
Section 7293i. 978.13 (1) (c) of the statutes is amended to read:
978.13 (1) (c) In counties having a population of 500,000 or more, the salary and fringe benefit costs of clerk positions in the district attorney's office necessary for the prosecution of violent crime cases primarily involving felony violations under s. 939.63, if a felony is committed while armed, and under ss. 940.01 to 940.03, 940.05, 940.06, 940.225, 943.23 (1g), (1m) and (1r) and 943.32 (2). The state treasurer shall pay the amount authorized under this paragraph to the county treasurer pursuant to a voucher submitted by the district attorney to the secretary of administration from the appropriation under s. 20.475 (1) (c) (i). The amount paid under this paragraph may not exceed $76,800 $82,600 in the 1993-94 1995-96 fiscal year and $79,800
$85,500 in the 1994-95 1996-97 fiscal year.
27,7294
Section 7294
. 990.01 (3) of the statutes is amended to read:
990.01 (3) Adult. An adult is “Adult" means a person who has attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated any state or federal criminal law, “adult" means a person who has attained the age of 17 years.
27,7295
Section 7295
. 990.01 (20) of the statutes is amended to read:
990.01 (20) Minor. A minor is “Minor" means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, “minor" does not include a person who has attained the age of 17 years.
27,7296b
Section 7296b. 992.06 (2) of the statutes is amended to read:
992.06 (2) Whenever in the organization of corporations under chapter 146, laws of 1872, articles of association were made and adopted and signed by the persons forming such corporation, and there may have been a failure to make and record a verified copy thereof in the office of the register of deeds of the county in which such corporation is located, and such association, organization or corporation has in good faith carried on business and acted as a corporation for 25 years or more, such failure to make and record a verified copy of the articles of association shall not affect the validity of the corporation, but the same shall be a body corporate from and after the date of the making, adopting and signing of the articles of association, the same as though a verified copy had been duly made and recorded in the office of the register of deeds. Whenever any such corporation shall in good faith have attempted to change its corporate name, and shall in good faith have carried on and conducted its business under such changed name for a period of 25 years or more, and shall record its original articles of incorporation, or the copy thereof, with the register of deeds, of the county in which such corporation has its principal office, and in case the said original articles of incorporation, or a copy thereof, cannot be obtained, a certificate from the secretary of state department of financial institutions showing that no such articles nor a copy thereof can be found in the office of the secretary of state
records of the department of financial institutions, its acts, doings and proceedings heretofore done or which shall hereafter be done in or under such changed name shall be as valid and binding and as good in law as though done in or under the name contained in its original articles of association.
27,7297b
Section 7297b. 992.06 (3) of the statutes is amended to read:
992.06 (3) All transfers of real estate heretofore made to corporations, organized under the laws of this state, executed, delivered, filed and recorded between the date of the filing of the articles of organization in the office of the secretary of state with the department of financial institutions and the date of the filing of a certified copy of said articles in the office of the register of deeds in the county wherein said corporation has its principal place of business, are hereby legalized, ratified, confirmed and validated.
27,7298d
Section 7298d. 1993 Wisconsin Act 16, section 2207aim is repealed.
27,7298e
Section 7298e. 1993 Wisconsin Act 16, section 2207ain is repealed.
27,7298f
Section 7298f. 1993 Wisconsin Act 16, section 2207aio is repealed.
27,7298g
Section 7298g. 1993 Wisconsin Act 16, section 2207aip is repealed.
27,7298h
Section 7298h. 1993 Wisconsin Act 16, section 2207air is repealed.
27,7298i
Section 7298i. 1993 Wisconsin Act 16, section 2213h is repealed.
27,7298j
Section 7298j. 1993 Wisconsin Act 16, section 2213i is repealed.
27,7298k
Section 7298k. 1993 Wisconsin Act 16, section 2213r is repealed.
27,7298L
Section 7298L. 1993 Wisconsin Act 16, section 2213s is repealed.
27,7298q
Section 7298q. 1993 Wisconsin Act 16, section 9120 (2xx) is repealed.
27,7298r
Section 7298r. 1993 Wisconsin Act 16, section 9120 (2y) is repealed.
27,7299
Section 7299
. 1993 Wisconsin Act 16, section 9126 (15v) is renumbered 49.45 (6s) of the statutes and amended to read:
49.45 (6s) Supplemental payments to county homes. Notwithstanding section 49.45 sub. (6m) of the statutes, as affected by this act, the department of health and social services shall, from the appropriation under section s. 20.435 (1) (o)
of the statutes, distribute not more than $20,000,000 in fiscal year 1993-94
1995-96 and not more than $20,000,000 in fiscal year 1994-95 1996-97, to provide supplemental payments for care to recipients of medical assistance provided in county homes established under section s. 49.14 (1) of the statutes, except that the department shall also distribute for this same purpose from the appropriation under s. 20.435 (1) (o) any additional federal medical assistance funds that were not anticipated before enactment of the biennial budget act or other legislation affecting s. 20.435 (1) (o), were not used to fund nursing home rate increases under sub. (6m) (ag) 8. and are matched by county funds under sub. (6u) (b) 2. and certified under sub. (6u) (b) 2m. The total amount certified under sub. (6u) (b) 2m. and under this subsection may not exceed 100% of otherwise-unreimbursed care.
27,7299m
Section 7299m. 1993 Wisconsin Act 16, section 9145 (1t) (a) is renumbered 119.55 (1) (a) of the statutes and amended to read:
119.55 (1) (a) Notwithstanding section 118.16 (4) (c) of the statutes, as created by this act, the The board of school directors of the Milwaukee public schools shall establish one or more youth service centers for the counseling of children who are taken into custody under section s. 48.19 (1) (d) 9. or 10 of the statutes, as created by this act,. for being absent from school without an acceptable excuse under section s. 118.15 of the statutes, as affected by this act. The board shall contract with the boys and girls clubs of Greater Milwaukee for the operation of the centers.
27,7300
Section 7300
. 1993 Wisconsin Act 16, section 9145 (1t) (b) 2. (intro.) and (c) are amended to read:
[1993 Wisconsin Act 16] Section 9145 (1t) (b) 2. (intro.) From the appropriation under section 20.255 (2) (ed) of the statutes, as created by this act, the state superintendent of public instruction shall provide to the city of Milwaukee $193,000 in the 1993-94 fiscal year and $193,000 in the 1994-95 1995-96 fiscal year to pay the costs of salaries and fringe benefits for not more than 4 law enforcement officers, subject to the following restrictions:
(c) This subsection does not apply after June 30, 1995 1996.
27,7300g
Section 7300g. 1993 Wisconsin Act 16, section 9320 (1y) is repealed.
27,7300k
Section 7300k. 1993 Wisconsin Act 16, section 9420 (1z) is repealed.
27,9101
Section 9101.
Nonstatutory provisions; administration.
(1)
Transfer of national and community service board.
(a) Assets and liabilities. On the effective date of this subsection, the assets and liabilities of the department of administration primarily related to the functions of the national and community service board, as deter
mined by the secretary of administration, shall become the assets and liabilities of the department of industry, labor and human relations.
(b) Positions and employes.
1. On the effective date of this subdivision, all full-time equivalent positions in the department of administration having duties primarily related to the functions of the national and community service board, as determined by the secretary of administration, are transferred to the department of industry, labor and human relations.
2. All incumbent employes holding positions specified in subdivision 1. are transferred on the effective date of this subdivision to the department of industry, labor and human relations.
3. Employes transferred under subdivision 2. have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of industry, labor and human relations that they enjoyed in the department of administration immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.
(c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration that is primarily related to the functions of the national and community service board, as determined by the secretary of administration, is transferred to the department of industry, labor and human relations.
(d) Contracts. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to the functions of the national and community service board, as determined by the secretary of administration, remain in effect and are transferred to the department of industry, labor and human relations. The department of industry, labor and human relations shall carry out any such contractual obligations until modified or rescinded by the department of industry, labor and human relations to the extent allowed under the contracts.
(2) Initial state vendor charges and fees. In prescribing initial charges and fees under sections 16.701, 16.702 (1)
and 16.855 (22) of the statutes, as created by this act, for the 1995-97 fiscal biennium the department of administration shall attempt to ensure gross revenue to the state of $5,000,000 per fiscal year.
(3) Document sales and mail distribution. On the effective date of this subsection, all assets acquired and liabilities incurred under the appropriation under section 20.505 (1) (ka), 1993 stats., that are attributable to state document sales or mail distribution, as determined by the secretary of administration, are transferred to the appropriation account under section 20.505 (1) (kd) of the statutes, as affected by this act.
(4) Public records and forms. On the effective date of this subsection, all assets acquired and liabilities incurred under the appropriation under section 20.505 (1) (kg), 1993 stats., are transferred to the appropriation account under section 20.505 (1) (kd) of the statutes, as affected by this act.
(5) Prosecution of drug crimes, Milwaukee County. From federal and program revenue moneys appropriated to the department of administration for the office of justice assistance under section 20.505 (6) (g) of the statutes, as affected by this act, and section 20.505 (6) (pb) of the statutes, the department shall expend $204,300 in fiscal year 1995-96 and $220,600 in fiscal year 1996-97 to provide the multi-jurisdictional enforcement group serving Milwaukee County with funding for 3 assistant district attorneys to prosecute criminal violations of chapter 161 of the statutes, as affected by this act. The funding is not subject to the grant procedure under section 16.964 (2m) of the statutes.
(6) Prosecution of drug crimes, Dane County. From federal and program revenue moneys appropriated to the department of administration for the office of justice assistance under section 20.505 (6) (g) of the statutes, as affected by this act, and section 20.505 (6) (pb) of the statutes, the department shall expend $70,900 in fiscal year 1995-96 and $77,100 in fiscal year 1996-97 to provide the multi-jurisdictional enforcement group serving Dane County with funding for one assistant district attorney to prosecute criminal violations of chapter 161 of the statutes, as affected by this act. The funding is not subject to the grant procedure under section 16.964 (2m) of the statutes.
