AB150-SA116,70,9
8"977.05
(6) (c) The state public defender may not provide legal services or
9assign counsel for an adult in a criminal case if all of the following apply:
AB150-SA116,70,1010
1. The adult is not in custody.
AB150-SA116,70,1111
2. The adult has not yet been charged with a crime.
AB150-SA116,70,1413
977.05
(6) (cm) The state public defender may not provide legal services or
14assign counsel for a child in a juvenile case if all of the following apply:
AB150-SA116,70,1515
1. The child is not in custody.
AB150-SA116,70,1716
2. The child is not yet subject to a proceeding under ch. 48 for which counsel
17is required under s. 48.23 or for which counsel may be appointed under s. 48.23.".
AB150-SA116,70,20
18491. Page 2455, line 24: after "(b)" insert: "or, if the time limit specified in s.
19809.30 (2) (b) is enlarged under s. 809.82 (2), within the time limit specified in the
20order enlarging time".
AB150-SA116,70,23
21492. Page 2456, line 7: after "(b)" insert: "or, if the time limit specified in s.
22809.30 (2) (b) is enlarged under s. 809.82 (2), within the time limit specified in the
23order enlarging time".
AB150-SA116,71,3
1493. Page 2456, line 10: delete lines 10 and 11 and substitute: "counsel in a
2proceeding under s. 973.09 (3) to modify the conditions of a probationer's probation
3unless all of the following apply:".
AB150-SA116,71,15
12"
977.075 Payment for legal representation. (1) The board shall establish
13by rule fixed amounts as flat payments for the cost of representation that a person,
14other than a parent subject to s. 48.275 (2) (b), who is responsible for payment for
15legal representation, may elect to pay. The rule shall require all of the following:
AB150-SA116,71,1716
(a)
If a person elects to pay the applicable fixed amount, the person cannot be
17held liable for any additional payment for counsel.
AB150-SA116,71,1918
(b)
The person may pay the fixed amount only at the beginning of the
19representation.
AB150-SA116,72,2
20(3) The board shall establish by rule a fee schedule that sets the amount that
21a person, other than a parent subject to s. 48.275 (2) (b), who is responsible for
22payment for legal representation shall pay for the cost of the legal representation.
23The schedule shall establish a fee for a given type of case, and the fee for a given type
1of case shall be based on the average cost, as determined by the board, for
2representation for that type of case.
AB150-SA116,72,6
3(4) The board may establish by rule a procedure for collecting a nonrefundable
4partial payment within 60 days after the commencement of representation for legal
5services from persons who are responsible for payment for legal representation. This
6subsection does not apply to a parent who is subject to s. 48.275 (2) (b).
AB150-SA116,72,8
7(5) The rules under subs. (3) and (4) do not apply to a person who has paid under
8sub. (1).".
AB150-SA116,72,14
11977.077 Deposit of payments received. Payments for services provided by
12the state public defender or other counsel under this chapter that are received
13pursuant to s. 977.07, 977.075 or 977.076 shall be deposited in the state treasury and
14credited to the appropriation under s. 20.550 (1) (L).".
AB150-SA116,72,17
17"
Section 7284b. 977.08 (3) (f) of the statutes is amended to read:
AB150-SA116,73,518
977.08
(3) (f)
Beginning on October 1, 1993, the The state public defender
may 19shall enter into
as many annual contracts
as possible, subject to par. (fg), with private
20local attorneys
or law firms for the provision of legal representation
in cases
21involving the operation of a vehicle. Under any such contract, the state public
22defender shall assign cases without regard to pars. (c) and (d)
, shall set a fixed-fee
23total amount for all cases handled and shall pay
the that amount
specified in the
24contract, which shall not exceed the amount, except that the state public defender
1may not pay an attorney more for a case than he or she would receive according to
2the rates under sub. (4m). The contract shall include a procedure authorizing the
3state public defender to make additional payments for a case or to reassign a case if
4the circumstances surrounding the case justify the additional payment or
5reassignment.
AB150-SA116,73,107
977.08
(3) (fg) The total number of cases that may be subject to the annual
8contracts under par. (f) for a given year may not exceed 33% of the total number of
9cases at the trial level that are assigned by the state public defender to private
10counsel under this section for that year.".
AB150-SA116,75,21
21"
(3g) Rules for private sewage systems.
AB150-SA116,75,26
22(a) Notwithstanding sections 101.02 (1), 101.63 (1), 101.73 (1), 145.02 (2) to (4)
23and 145.13 and chapter 160 of the statutes, neither the department of industry, labor
24and human relations nor the department of development may submit notification
25under section 227.19 (2) of the statutes for proposed rules related to private sewage
26systems, as defined in section 145.01 (12) of the statutes, before July 1, 1997.
AB150-SA116,76,1
1(b) Paragraph (a) does not apply to rules related to fees.
AB150-SA116,76,52
(c) 1. Before January 1, 1996, the department of development shall appoint an
3advisory committee under section 227.13 of the statutes to assist in the drafting of
4rules related to private sewage systems, as defined in section 145.01 (12) of the
5statutes, and to assist in the study provided for in subdivision 3.
AB150-SA116,76,146
2. The committee appointed under subdivision 1. shall include representatives
7of all of the following areas of interest and expertise: private sewage system users,
8farmers, land use planners, soil scientists, public health experts, professional
9engineers who design private sewage systems, plumbers who install private sewage
10systems, private sewage system pumpers and waste haulers, hydrogeologists,
11county elected representatives, county private sewage system program
12administrators, the Wisconsin Towns Association, the department of natural
13resources, the department of health and social services, private sewage system
14component manufacturers, real estate developers and construction contractors.
AB150-SA116,76,1615
3. The department of development, with the assistance of the committee
16appointed under subdivision 1., shall study all of the following:
AB150-SA116,76,2017
a. The effect of proposed private sewage system rules on at least all of the
18following: public health, surface water and groundwater quality, property values,
19land development patterns, the affordability of housing and the long-term
20maintenance costs of housing.
AB150-SA116,77,221
b. The capacity of current governmental institutions to provide for
22management of private sewage systems, including the status and effectiveness of
23local zoning and land use controls, the capabilities for review and approval of private
24sewage system designs, the capabilities for discovering and responding to private
1sewage system failure and the capabilities for assuring proper maintenance of
2private sewage systems.
AB150-SA116,77,43
c. The capacity of consultants and other private sewage system designers to
4develop effective private sewage system designs.
AB150-SA116,77,65
d. The likelihood of private sewage system failures and the consequences of
6those failures.
AB150-SA116,77,107
4. Before July 1, 1997, the department of development shall submit its findings
8as the result of the study under subdivision 3. to the governor and to the chief clerk
9of each house of the legislature for distribution to the appropriate standing
10committees in the manner provided under section 13.172 (3) of the statutes.".
AB150-SA116,77,15
13527. Page 2532, line 14: after "1996-97" insert: ", and under section 20.515
14(1) (w) of the statutes, $303,400 for fiscal year 1995-96 and $415,200 for fiscal year
151996-97,".
AB150-SA116,79,2
18"
(3jt) Pending arbitrations. As soon as possible after the effective date of this
19subsection, the employment relations commission shall, for each collective
20bargaining unit consisting of municipal employes in which the parties are engaged
21in a labor dispute and in which it has appointed an arbitrator or arbitration panel
22under section 111.70 (4) (cm) 6., 1993 stats., but for which no collective bargaining
23agreement has been entered into subsequent to that appointment as of that effective
24date, determine whether the dispute relates in whole or in part to a prohibited
1subject of bargaining under section 111.70 (4) (m) of the statutes, as created by this
2act. If the commission determines that the dispute relates in whole or in part to a
3prohibited subject of bargaining, the commission shall order the arbitrator or panel
4members to terminate any pending arbitration with respect to that dispute. If the
5arbitrator or arbitration panel has issued an award on the effective date of this
6subsection or if the arbitrator or panel issues an award on or after that date, the
7commission shall issue an order declaring the award void. The parties shall
8reimburse the arbitrator or arbitration panel for the costs of the arbitration. If an
9award has not been issued prior to the date of the order, the parties shall reimburse
10the arbitrator or arbitration panel members for all costs incurred in conducting the
11arbitration prior to the date of the order. The parties are not liable for any costs
12incurred to arbitrate any dispute or portion of a dispute that is not subject to
13arbitration under section 111.70 (1) (a) and (4) (cm) and (m) of the statutes, as
14affected by this act, on or after the date of any order by the commission to terminate
15the arbitration. If the dispute does not relate solely to a prohibited subject of
16bargaining under section 111.70 (4) (m) of the statutes, as created by this act, the
17commission shall then submit to the parties names for appointment of a new
18arbitrator or arbitration panel. Notwithstanding section 111.70 (3) (a) 4. and 7. and
19(b) 3. and 6. of the statutes, as affected by this act, no municipal employer, municipal
20employe or labor organization commits a prohibited practice by refusing to execute
21a collective bargaining agreement resulting from an award under section 111.70 (4)
22(cm) 6., 1993 stats., if any matter submitted to arbitration in the dispute resulting
23in that award is not subject to arbitration under section 111.70 (1) (a), (4) (cm) 6. and
24(m) of the statutes, as affected by this act. This subsection does not affect the
1obligations of a municipal employer and labor organization which have executed a
2collective bargaining agreement prior to the effective date of this subsection.".
AB150-SA116,79,7
5(1q) Family literacy advocate. The authorized FTE positions for the office of
6the governor, funded from the appropriation under section 20.525 (1) (a) of the
7statutes, are increased by 1.0 GPR position to serve as the family literacy advocate.".
AB150-SA116,79,16
9"
(7m) School medical services emergency rule-making authority. Using the
10procedure under section 227.24 of the statutes, the department of health and social
11services shall promulgate rules required under section 49.45 (39) of the statutes, as
12created by this act, for the period before the effective date of permanent rules
13promulgated under section 49.45 (39) of the statutes, as created by this act, but not
14to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes.
15Notwithstanding section 227.24 (1) and (3) of the statutes, the department of health
16and social services is not required to make a finding of emergency.".
AB150-SA116,80,2
20"
(let) Minority undergraduate grants. Subject to section 39.44 (3) of the
21statutes, as affected by this act, no minority undergraduate enrolled in an eligible
22private institution may have the amount of a grant awarded under section 39.44 of
23the statutes, as affected by this act, for the 1995-96 or 1996-97 academic year
1reduced from the amount of any grant awarded under section 39.44 of the statutes
2to the minority undergraduate for the 1994-95 academic year.".
AB150-SA116,80,6
6"
(1) Public intervenor.
AB150-SA116,80,9
7(a) Employe transfer. On the effective date of this paragraph, one incumbent
8employe holding a position in the department of justice performing duties as the
9public intervenor is transferred to the department of natural resources.
AB150-SA116,80,15
10(b) Employe status. The employe transferred under paragraph (a) has all the
11rights and the same status under subchapter V of chapter 111 and chapter 230 of the
12statutes in the department of natural resources that the employe enjoyed in the
13department of justice immediately before the transfer. Notwithstanding section
14230.28 (4) of the statutes, no employe so transferred who has attained permanent
15status in class is required to serve a probationary period.