977.06 (3) (b) The state public defender may petition a court that ordered payment under s. 757.66, 973.06 (1) (e) or 977.076 (1) to modify an order or judgment to adjust the amount of payment or the scheduled amounts at any time.
SECTION 7271m. 977.06 (3) (c) of the statutes is created to read:
977.06 (3) (c) Except as provided in s. 48.275 (2) (b), an adjustment under this subsection shall be based on the person's ability to pay and on the fee schedule established by the board under s. 977.075 (3).".
824.
Page 2240, line 6: after that line insert:
"SECTION 7272m. 977.07 (1) (a) of the statutes is amended to read:
977.07 (1) (a) Determination of indigency for persons entitled to counsel shall be made as soon as possible and shall be in accordance with the rules promulgated by the board under s. 977.02 (3) and the system established under s. 977.06. No determination of indigency is required for a child who is entitled to be represented by counsel under s. 48.23.".
825.
Page 2241, line 22: delete the material beginning with that line and ending with page 2242, line 3, and substitute:
"SECTION 7274m. 977.07 (2) (b) of the statutes is renumbered 977.06 (3) (a) and amended to read:
977.06 (3) (a) Unless the court has made an adjustment under s. 973.06 (1) (e), upon determination at the conclusion of a case that a person's financial circumstances are changed, the state public defender may adjust the amount of payment for counsel under par. (a) in accordance with par. (a) and sub. (1) (a).".
826.
Page 2242, line 19: delete that line and substitute: "48.275 (2), 757.66, 973.06 (1) (e) or 977.076 (1), and the possibility that the payment of attorney".
827.
Page 2243, line 1: substitute "subsection" for "paragraph".
****NOTE: The statutory unit referred to is a subsection, not a paragraph.
828.
Page 2243, line 2: after "977.075" insert "(1)".
829.
Page 2243, line 20 substitute "board" for "state public defender".
****NOTE: The SPD board is the entity that promulgates rules for the SPD.
830.
Page 2243, line 20: delete that line and substitute:
"977.075 Payment for legal representation. (1) The board shall establish".
831.
Page 2243, line 24: substitute "(a)" for "(1)".
832.
Page 2244, line 1: substitute "(b)" for "(2)".
833.
Page 2244, line 2: after that line insert:
"(2) The board shall establish by rule a procedure for collecting a nonrefundable partial payment for services from persons who are responsible for payment for legal representation and who are not indigent in full. The rule shall require that the payment be due within 60 days after the commencement of representation. This subsection does not apply to a parent who is subject to s. 48.275 (2) (b).
(3) The board shall establish by rule a fee schedule that sets the amount that a person, other than a parent under 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.
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.".
834.
Page 2244, line 3: delete lines 3 to 7 and substitute:
"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).".
835.
Page 2245, line 6: delete "state public defender".
****NOTE: "Board" is a defined term for ch. 977. See s. 977.01.
836.
Page 2246, line 25: substitute ", 977.075 and 977.076" for "and 977.075".
837.
Page 2247, line 20: substitute "73.25" for "49.143".
838.
Page 2248, line 1: delete lines 1 to 8.
839.
Page 2249, line 5: after that line insert:
"SECTION 7298d. 1993 Wisconsin Act 16, section 2207aim is repealed.
SECTION 7298e. 1993 Wisconsin Act 16, section 2207ain is repealed.
SECTION 7298f. 1993 Wisconsin Act 16, section 2207aio is repealed.
SECTION 7298g. 1993 Wisconsin Act 16, section 2207aip is repealed.
SECTION 7298h. 1993 Wisconsin Act 16, section 2207air is repealed.
SECTION 7298i. 1993 Wisconsin Act 16, section 2213h is repealed.
SECTION 7298j. 1993 Wisconsin Act 16, section 2213i is repealed.
SECTION 7298k. 1993 Wisconsin Act 16, section 2213r is repealed.
SECTION 7298L. 1993 Wisconsin Act 16, section 2213s is repealed.
SECTION 7298q. 1993 Wisconsin Act 16, section 9120 (2xx) is repealed.".
840.
Page 2249, line 5: after that line insert:
"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.
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.".
841.
Page 2250, line 14: after that line insert:
"SECTION 7300g. 1993 Wisconsin Act 16, section 9320 (1y) is repealed.
SECTION 7300k. 1993 Wisconsin Act 16, section 9420 (1z) is repealed.".
842.
Page 2262, line 18: after that line insert:
"(23b) COMPETITIVE ENTERPRISE REVIEW BOARD; INITIAL TERMS. Notwithstanding section 15.105 (27) (d) of the statues, as created by this act, the members of the competitive enterprise review board who are initially appointed to serve under section 15.105 (27) (d) of the statutes, as created by this act, shall serve for terms expiring on May 1, 1997.".
843.
Page 2265, line 6: after that line insert:
"(4g) FUNDING REPORT; SUSTAINABLE AGRICULTURE GRANT PROGRAM. By June 1, 1996, the department of agriculture, trade and consumer protection shall submit a funding report to the senate and assembly standing committees with jurisdiction over agricultural matters, as determined by the speaker of the assembly and the president of the senate, specifying how the department will identify and secure revenue sources for the purpose of funding the sustainable agriculture grant program under section 93.47 of the statutes, as affected by this act. The committees, following their review, shall approve or disapprove the funding report. If the funding report is not approved by both committees by June 20, 1996, all of the following shall occur:
(a) The chairpersons of the committees shall send a notice of disapproval to the revisor of statutes for publication in the Wisconsin administrative register.
(b) The sustainable agriculture grant program shall be eliminated, effective July 1, 1996.".
844.
Page 2307, line 16: delete the material beginning with that line and ending with page 2308, line 9, and substitute:
"(7m) DUTIES PENDING TRANSFER OF SAFETY AND BUILDINGS FUNCTIONS FROM THE DEPARTMENT OF INDUSTRY, LABOR AND HUMAN RELATIONS. In anticipation".
845.
Page 2308, line 13: on lines 13, 17, 19 and 22, substitute "subsection" for "paragraph".
846.
Page 2308, line 22: after that line insert:
"(8t) MEXICO TRADE OFFICE. From the appropriation under section 20.143 (1) (bs) of the statutes, as affected by this act, the department of development may pay contract costs for the trade office in Mexico.".
847.
Page 2312, line 2: after that line insert:
"(3i) PENDING ARBITRATIONS. As soon as possible after the effective date of this subsection, the employment relations commission shall, for each collective bargaining unit consisting of municipal employes of a county in which it has appointed an arbitrator or arbitration panel under section 111.70 (4) (cm) 6., 1993 stats., but for which no arbitration award has been issued on that effective date, order the arbitrator or panel members to terminate the arbitration with respect to that dispute. The parties shall reimburse the arbitrator or arbitration panel members for all costs incurred in conducting the arbitration prior to the date of the notice, but are not liable for any costs incurred to arbitrate any dispute or portion of a dispute that is not subject to arbitration under section 111.70 (4) (cm) of the statutes, as affected by this act, on or after the date of any notice by the commission to that effect. Notwithstanding section 111.70 (3) (a) 4. and 7. of the statutes, as affected by this act, no municipal employer commits a prohibited practice by refusing to execute a collective bargaining agreement resulting from an award under section 111.70 (4) (cm) 6., 1993 stats., if the dispute resulting in that award is not subject to arbitration under section 111.70 (4) (cm) 6. of the statutes, as affected by this act. This subsection does not affect the obligations of a municipal employer which has executed a collective bargaining agreement prior to the effective date of this subsection.".
848.
Page 2321, line 1: delete ", CHILD SUPPORT AND PATERNITY".
849.
Page 2321, line 3: delete the material beginning with that line and ending with page 2323, line 23, and substitute:
(a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of health and social services that are primarily related to the programs in subchapter III of chapter 49 of the statutes, as affected by this act, as determined by the secretary of administration, shall become the assets and liabilities of the department of industry, labor and human relations.
(b) Employe transfers.
1. All incumbent employes holding positions in the department of health and social services that are primarily related to the programs in subchapter III of chapter 49 of the statutes, as affected by this act, as determined by the secretary of administration, are transferred on the effective date of this subdivision to the department of industry, labor and human relations.
2. Upon final determination of the personnel to be transferred to the department of industry, labor and human relations under subdivision 1., the secretary of health and social services and the secretary of industry, labor and human relations shall, by the date that is established for submittal of requests for consideration at the 4th quarterly meeting for 1995 of the joint committee on finance under section 13.10 of the statutes, request the joint committee on finance to transfer moneys between the general purpose revenue appropriations for the department of health and social services and the department of industry, labor and human relations, between the program revenue appropriations for the department of health and social services and the department of industry, labor and human relations, between the program revenue-service appropriations for the department of health and social services and the department of industry, labor and human relations and between the federal revenues appropriations for the department of health and social services and the department of industry, labor and human relations, if necessary to adjust previously allocated costs in accordance with the transfer of personnel.
(c) Employe status. Employes transferred under paragraph (b) 1. 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 health and social services 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.
(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and social services that is primarily related to the programs in subchapter III of chapter 49 of the statutes, as affected by this act, as determined by the secretary of administration, is transferred to the department of industry, labor and human relations.
(e) Contracts. All contracts entered into by the department of health and social services in effect on the effective date of this paragraph that are primarily related to the programs in subchapter III of chapter 49 of the statutes, as affected by this act, 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.
(f) Rules and orders.
1. All rules promulgated by the department of health and social services that are in effect on the effective date of this subdivision and that are primarily related to the programs in subchapter III of chapter 49 of the statutes, as affected by this act, remain in effect until their specified expiration date or until amended or repealed by the department of industry, labor and human relations. All orders issued by the department of health and social services that are in effect on the effective date of this subdivision and that are primarily related to the programs in subchapter III of chapter 49 of the statutes, as affected by this act, remain in effect until their specified expiration date or until modified or rescinded by the department of industry, labor and human relations.
2. The secretary of health and social services and the secretary of industry, labor and human relations shall, by December 31, 1995, meet and specify the apportionment of rules and standards, between the 2 departments, with respect to the supervision of employes of county departments under sections 46.215, 46.22 and 46.23 of the statutes, as affected by this act, and with respect to eligibility requirements for certain programs of public assistance, in order to effect the intent of this act.
(g) Pending matters. Any matter pending with the department of health and social services on the effective date of this paragraph that is primarily related to the programs in subchapter III of chapter 49 of the statutes, as affected by this act, is transferred to the department of industry, labor and human relations and all materials submitted to or actions taken by the department of health and social services with respect to the pending matter are considered as having been submitted to or taken by the department of industry, labor and human relations.
(15g) TRANSFER OF CHILD SUPPORT AND PATERNITY PROGRAMS.
(a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of health and social services that are primarily related to the programs in sections 73.25, 73.255 and 73.258 of the statutes, as affected by this act, as determined by the secretary of administration, shall become the assets and liabilities of the department of revenue.
(b) Employe transfers.
1. All incumbent employes holding positions in the department of health and social services that are primarily related to the programs in sections 73.25, 73.255 and 73.258 of the statutes, as affected by this act, as determined by the secretary of administration, are transferred on the effective date of this subdivision to the department of revenue.
2. Upon final determination of the personnel to be transferred to the department of revenue under subdivision 1., the secretary of health and social services and the secretary of revenue shall, by the date that is established for submittal of requests for consideration at the 4th quarterly meeting for 1995 of the joint committee on finance under section 13.10 of the statutes, request the joint committee on finance to transfer moneys between the general purpose revenue appropriations for the department of health and social services and the department of revenue, between the program revenue appropriations for the department of health and social services and the department of revenue, between the program revenue-service appropriations for the department of health and social services and the department of revenue and between the federal revenues appropriations for the department of health and social services and the department of revenue, if necessary to adjust previously allocated costs in accordance with the transfer of personnel.
(c) Employe status. Employes transferred under paragraph (b) 1. have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of revenue that they enjoyed in the department of health and social services 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.
(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and social services that is primarily related to the programs in sections 73.25, 73.255 and 73.258 of the statutes, as affected by this act, as determined by the secretary of administration, is transferred to the department of revenue.
(e) Contracts. All contracts entered into by the department of health and social services in effect on the effective date of this paragraph that are primarily related to the programs in sections 73.25, 73.255 and 73.258 of the statutes, as affected by this act, as determined by the secretary of administration, remain in effect and are transferred to the department of revenue. The department of revenue shall carry out any such contractual obligations until modified or rescinded by the department of revenue to the extent allowed under the contracts.
(f) Rules and orders. All rules promulgated by the department of health and social services that are in effect on the effective date of this paragraph and that are primarily related to the programs in sections 73.25, 73.255 and 73.258 of the statutes, as affected by this act, remain in effect until their specified expiration date or until amended or repealed by the department of revenue. All orders issued by the department of health and social services that are in effect on the effective date of this paragraph and that are primarily related to the programs in sections 73.25, 73.255 and 73.258 of the statutes, as affected by this act, remain in effect until their specified expiration date or until modified or rescinded by the department of revenue.
(g) Pending matters. Any matter pending with the department of health and social services on the effective date of this paragraph that is primarily related to any of the programs in sections 73.25, 73.255 and 73.258 of the statutes, as affected by this act, is transferred to the department of revenue and all materials submitted to or actions taken by the department of health and social services with respect to the pending matter are considered as having been submitted to or taken by the department of revenue.".
850.
Page 2323, line 24: delete the material beginning with that line and ending with page 2326, line 11.
****NOTE: This deletes duplicative language. The transfer language for the low-income energy assistance program approved by the joint committee on finance is found in SECTION 9126 (27i).
851.
Page 2347, line 4: delete lines 4 to 8.
852.
Page 2347, line 8: after that line insert:
"(28x) MANAGED CARE MEDICAL ASSISTANCE FORMS WORKING GROUP. The department of health and social services shall convene a working group no later than January 1, 1996, comprised of department employes and representatives of managed care providers under the medical assistance program. The working group shall study the development of standardized forms to be used by managed care providers under the medical assistance program, other than forms to be used for billing or obtaining medical assistance reimbursement. In particular, the working group shall study the development of standardized forms to be used to obtain referrals and prior authorization for care. The department of health and social services shall submit the results of the working group's study to the legislature in the manner provided under section 13.172 (2) of the statutes no later than July 1, 1996.".
