Amendment ASA-AB150

AB150-ASA,2262,20 977.07 (2m) If the person is found to be indigent in full or in part, the person shall be promptly informed of the state's right to payment or recoupment under s. 48.275 (2), 757.66 or 973.06 (1) (e), and the possibility that the payment of attorney fees may be made a condition of probation, should the person be placed on probation. Furthermore, if found to be indigent in part, the person shall be promptly informed of the extent to which he or she will be expected to pay for counsel, and whether the payment shall be in the form of a lump sum payment or periodic payments. The person shall be informed that the payment amount may be adjusted if his or her financial circumstances change by the time of sentencing. The payment and payment schedule shall be set forth in writing. This paragraph does not apply to persons who have paid under s. 977.075.

AB150-ASA, s. 7277 Section 7277. 977.07 (3) of the statutes is renumbered 977.06 (4) (a).

AB150-ASA, s. 7278 Section 7278. 977.07 (3m) (a) (intro.) of the statutes is renumbered 977.06 (4) (b) (intro.) and amended to read:

AB150-ASA,2263,2 977.06 (4) (b) (intro.) The state public defender shall promptly release a copy of any statement, affidavit or other information provided by a person regarding financial eligibility under this section s. 977.07 only if the state public defender or a circuit court finds all of the following:

AB150-ASA, s. 7279 Section 7279. 977.07 (3m) (a) 1. of the statutes is renumbered 977.06 (4) (b) 1.

AB150-ASA, s. 7280 Section 7280. 977.07 (3m) (a) 2. of the statutes is renumbered 977.06 (4) (b) 2.

AB150-ASA, s. 7281 Section 7281. 977.07 (3m) (b) of the statutes is renumbered 977.06 (4) (c) and amended to read:

AB150-ASA,2263,11 977.06 (4) (c) Paragraph (a) (b) does not limit the authority of the state public defender to release a copy of the statement, affidavit or other information under other circumstances.

AB150-ASA, s. 7281m Section 7281m. 977.075 of the statutes is created to read:

AB150-ASA,2263,16 977.075 Prepayment for counsel. The state public defender shall establish by rule fixed amounts as flat payments for the cost of representation that persons found indigent in full or in part may elect to pay. The rule shall require all of the following:

AB150-ASA,2263,18 (1) If a person elects to pay the applicable fixed amount, the person cannot be held liable for any additional payment for counsel.

AB150-ASA,2263,20 (2) The person may pay the fixed amount only at the beginning of the representation.

AB150-ASA, s. 7281r Section 7281r. 977.077 of the statutes is created to read:

AB150-ASA,2263,25 977.077 Deposit of payments received. Payments for services of the state public defender or other counsel provided under this chapter made pursuant to s. 977.07 or 977.075 shall be paid to the state public defender for deposit in the state treasury and credited to the appropriation under s. 20.550 (1) (L).

AB150-ASA, s. 7281t Section 7281t. 977.08 (2) (c) of the statutes is amended to read:

AB150-ASA,2264,4 977.08 (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.

AB150-ASA, s. 7282 Section 7282. 977.08 (2) (f) of the statutes is repealed.

AB150-ASA, s. 7284 Section 7284. 977.08 (3) (f) of the statutes is amended to read:

AB150-ASA,2264,17 977.08 (3) (f) Beginning on October 1, 1993, the state public defender may shall enter into as many annual contracts as possible 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.

AB150-ASA, s. 7284m Section 7284m. 977.08 (3) (fm) of the statutes is created to read:

AB150-ASA,2264,20 977.08 (3) (fm) Contracts entered into under par. (f) must terminate before January 1, 1998.

AB150-ASA, s. 7285 Section 7285. 977.08 (3) (g) of the statutes is created to read:

AB150-ASA,2264,25 977.08 (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 state public defender board promulgates rules under s. 977.03 (3).

AB150-ASA, s. 7285g Section 7285g. 977.08 (4m) of the statutes is amended to read:

AB150-ASA,2265,8 977.08 (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.

AB150-ASA,2265,16 (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, 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.

AB150-ASA, s. 7285m Section 7285m. 977.08 (4m) (c) of the statutes is created to read:

AB150-ASA,2265,25 977.08 (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.

AB150-ASA, s. 7286 Section 7286. 977.08 (5) (b) (intro.) of the statutes is amended to read:

AB150-ASA,2266,4 977.08 (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:

AB150-ASA, s. 7287 Section 7287. 977.08 (5) (bd) of the statutes is repealed.

AB150-ASA, s. 7288 Section 7288. 977.08 (5) (bg) of the statutes is repealed.

AB150-ASA, s. 7289 Section 7289. 977.085 (1) (c) of the statutes is amended to read:

AB150-ASA,2266,12 977.085 (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.

AB150-ASA, s. 7290m Section 7290m. 977.10 (title) of the statutes is repealed.

AB150-ASA, s. 7290p Section 7290p. 977.10 of the statutes is renumbered 977.085 (3) and amended to read:

AB150-ASA,2266,25 977.085 (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) and 977.075, 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.

AB150-ASA, s. 7290t Section 7290t. 978.045 (2) (a) of the statutes is amended to read:

AB150-ASA,2267,4 978.045 (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).

AB150-ASA, s. 7291 Section 7291. 978.05 (4m) of the statutes is amended to read:

AB150-ASA,2267,8 978.05 (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).

AB150-ASA, s. 7292 Section 7292. 978.05 (6) (b) of the statutes is amended to read:

AB150-ASA,2267,12 978.05 (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.

AB150-ASA, s. 7292m Section 7292m. 978.06 (6) of the statutes is amended to read:

AB150-ASA,2267,16 978.06 (6) No district attorney, deputy district attorney or assistant district attorney may appear in a civil action or proceeding under s. 46.25 49.143 (7), 59.07 (97), 767.075, 767.08 or 767.45 or ch. 769.

AB150-ASA, s. 7293 Section 7293. 978.07 (1) (a) of the statutes is amended to read:

AB150-ASA,2267,20 978.07 (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.

AB150-ASA, s. 7293e Section 7293e. 978.12 (5) (c) 1. of the statutes is amended to read:

AB150-ASA,2268,3 978.12 (5) (c) 1. The salaries authorized under this section for the district attorney and the state employes of the office of district attorney shall be paid by the state treasurer secretary of administration to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration. The county treasurer shall pay the amounts directly to the district attorney and state employes of the office of district attorney and the amounts paid shall be subject to the retirement system established under chapter 201, laws of 1937.

AB150-ASA, s. 7293f Section 7293f. 978.13 (1) of the statutes is repealed.

AB150-ASA, s. 7293v Section 7293v. 978.13 (2) of the statutes is amended to read:

AB150-ASA,2268,15 978.13 (2) Except as provided in sub. (1), each Each county in a district attorney's prosecutorial unit has financial responsibility for all costs related to the operation of the district attorney's office, other than the salaries of the district attorney and other state employes in the district attorney's office, the compensation of special prosecutors and the cost of benefits under the Wisconsin retirement system and the insurance benefit plans under ch. 40 for which the district attorney and other state employes in the district attorney's office are eligible. The nature and level of materials, supplies, equipment, services and facilities provided for the district attorney's office by the county shall be adequate and sufficient to fulfill the responsibilities of that office.

AB150-ASA, s. 7294 Section 7294. 990.01 (3) of the statutes is amended to read:

AB150-ASA,2268,20 990.01 (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.

AB150-ASA, s. 7295 Section 7295. 990.01 (20) of the statutes is amended to read:

AB150-ASA,2268,25 990.01 (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.

AB150-ASA, s. 7299 Section 7299. 1993 Wisconsin Act 16, section 9126 (15v) is renumbered 49.45 (6s) of the statutes and amended to read:

AB150-ASA,2269,16 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.

AB150-ASA, s. 7299m Section 7299m. 1993 Wisconsin Act 16, section 9145 (1t) (a) is renumbered 119.55 (1) (a) of the statutes and amended to read:

AB150-ASA,2269,25 119.55 (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.

AB150-ASA, s. 7300 Section 7300. 1993 Wisconsin Act 16, section 9145 (1t) (b) 2. (intro.) and (c) are amended to read:

AB150-ASA,2270,8 [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:

AB150-ASA,2270,9 (c) This subsection does not apply after June 30, 1995 1996.

AB150-ASA, s. 9101 Section 9101. Nonstatutory provisions; administration.

AB150-ASA,2270,11 (1)   Transfer of national and community service board.

AB150-ASA,2270,16 (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 determined by the secretary of administration, shall become the assets and liabilities of the department of industry, labor and human relations.

AB150-ASA,2270,17 (b)  Positions and employes.

AB150-ASA,2270,22 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. 

AB150-ASA,2270,25 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.

AB150-ASA,2271,6 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.

AB150-ASA,2271,11 (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.

AB150-ASA,2271,19 (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.

AB150-ASA,2271,23 (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.

AB150-ASA,2272,4 (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.

AB150-ASA,2272,8 (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.

AB150-ASA,2272,17 (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.

AB150-ASA,2273,2 (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.

AB150-ASA,2273,10 (8) Public records and forms board. Notwithstanding section 15.105 (4) of the statutes, as affected by this act, the member serving on the public records and forms board as a representative of a newspaper published in this state and the member serving on the public records and forms board as a representative of the permit information center may continue to serve as members of the public records board, as affected by this act, until a representative of a local unit of government, as defined in section 16.20 (1) (e) of the statutes, as affected by this act, and another member are appointed and qualify. 

AB150-ASA,2273,11 (9)   Kickapoo valley reserve administration transfer.

AB150-ASA,2273,16 (a)  Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of administration primarily related to administration of the Kickapoo valley reserve, as determined by the department of administration, shall become the assets and liabilities of the department of tourism, as created by this act.

AB150-ASA,2273,17 (b)  Positions and employes.

AB150-ASA,2273,23 1.  On the effective date of this subdivision, the authorized FTE positions for the department of administration are decreased by 2.0 SEG positions having responsibility for administration of the Kickapoo valley reserve. On the effective date of this subdivision, any incumbent in a position identified in this subdivision shall, upon his or her request, be transferred to the department of tourism, as created by this act.

AB150-ASA,2274,4 2.  On the effective date of this subdivision, the authorized FTE positions for the department of tourism, as created by this act, are increased by 2.0 SEG positions. The secretary of tourism shall initially appoint any incumbents who request to be transferred under subdivision 1. to the positions authorized in this subdivision which correspond to the positions held by the incumbents on the day prior to the effective date of this subdivision.

AB150-ASA,2274,9 (c)  Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration primarily related to administration of the Kickapoo valley reserve, as determined by the secretary of administration, is transferred to the department of tourism, as created by this act.

AB150-ASA,2274,16 (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 administration of the Kickapoo valley reserve, as determined by the secretary of administration, remain in effect and are transferred to the department of tourism, as created by this act. The department of tourism shall carry out any such contractual obligations unless modified or rescinded by the department of tourism to the extent allowed under the contracts.

AB150-ASA,2274,17 (14)  Sentencing commission.

AB150-ASA,2274,19 (a)  Rules and guidelines. On the effective date of this paragraph, all rules and guidelines promulgated by the sentencing commission are void.