AB150: Bill Text

AB150, s. 7264 Section 7264. 977.05 (4) (i) 7. of the statutes is repealed.

AB150, s. 7265 Section 7265. 977.05 (4) (j) of the statutes is amended to read:

AB150,2337,16 977.05 (4) (j) At the request of any person determined by the state public defender to be indigent or upon referral of any court, prosecute a writ of error, appeal, action or proceeding for habeas corpus or other postconviction or post-commitment remedy or attack the conditions of confinement on behalf of the person before any court, if the state public defender determines the case should be pursued. The state public defender must pursue the case of any indigent person entitled to counsel under s. 971.17 (7) (b) 1. or 980.03 (2) (a).

AB150, s. 7266 Section 7266. 977.05 (6) (title) of the statutes is amended to read:

AB150,2337,18 977.05 (6) (title) Restriction Restrictions.

AB150, s. 7267 Section 7267. 977.05 (6) of the statutes is renumbered 977.05 (6) (a) and amended to read:

AB150,2337,24 977.05 (6) (a) The state public defender shall may not provide legal services or assign counsel for cases involving a person subject to contempt of court proceedings involving the alleged failure of the person to pay a forfeiture to a county or municipality.

AB150, s. 7268 Section 7268. 977.05 (6) (b) of the statutes is created to read:

AB150,2338,3 977.05 (6) (b) The state public defender may not provide legal services or assign counsel for a person subject to contempt of court proceedings under s. 767.30 or 767.305 for failure to pay child or family support, if any of the following applies:

AB150,2338,5 1. The action is not brought by the state, its delegate under s. 59.458 (1) or an attorney appointed under s. 767.045 (1) (c).

AB150,2338,8 2. The judge or family court commissioner before whom the proceedings shall be held certifies to the state public defender that the person will not be incarcerated if he or she is found in contempt of court.

AB150, s. 7269 Section 7269. 977.06 of the statutes is created to read:

AB150,2338,12 977.06 Indigency determinations; redeterminations; verification; collection. (1) Duties. The public defender shall determine whether persons are indigent and shall establish a system to do all of the following:

AB150,2338,14 (a) Verify the information regarding assets, income and expenses and income specified under s. 977.07 (2).

AB150,2338,16 (b) Redetermine indigency during the course of representation of persons receiving representation.

AB150,2338,18 (c) Record the amount of time spent on each case by the attorney appointed under s. 977.08.

AB150,2338,21 (d) Collect for the cost of representation from persons who are indigent in part or who have been otherwise determined to be able to reimburse the state public defender for the cost of providing counsel.

AB150, s. 7270 Section 7270. 977.06 (2) (title) of the statutes is created to read:

AB150,2338,23 977.06 (2) (title) Verifications.

AB150, s. 7271 Section 7271. 977.06 (3) (title) of the statutes is created to read:

AB150,2338,25 977.06 (3) (title) Redeterminations.

AB150, s. 7272 Section 7272. 977.06 (4) (title) of the statutes is created to read:

AB150,2339,2 977.06 (4) (title) Oversight.

AB150, s. 7273 Section 7273. 977.07 (2) (a) of the statutes is renumbered 977.07 (2) and amended to read:

AB150,2340,18 977.07 (2) The representative of the state public defender or the authority for indigency determinations specified under sub. (1) making a determination of indigency shall ascertain the assets of the person which exceed the amount needed for the payment of reasonable and necessary expenses incurred, or which must be incurred to support the person and the person's immediate family. The assets shall include disposable income, cash in hand, stocks and bonds, bank accounts and other property which can be converted to cash within a reasonable period of time and is not needed to hold a job, or to shelter, clothe and care for the person and the person's immediate family. Assets which cannot be converted to cash within a reasonable period of time, such as a person's home, car, household furnishings, clothing and other property which has been declared exempt from attachment or execution by law, shall be calculated to be assets equivalent in dollars to the amount of the loan which could be, in fact, raised by using these assets as collateral. Assets also include any money expended by the person to post bond to obtain release regarding the current alleged offense. If the person's assets, less reasonable and necessary living expenses, are not sufficient to cover the anticipated cost of effective representation when the length and complexity of the anticipated proceedings are taken fully into account, the person shall be determined to be indigent in full or in part. The determination of the ability of the person to contribute to the cost of legal services shall be based upon specific written standards relating to income, assets and the anticipated cost of representation. If 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. Payments for services of the state public defender or other counsel provided under this chapter made pursuant to this subsection shall be paid to the state public defender for deposit in the state treasury and credited to the appropriation under s. 20.550 (1) (ja) (L). Under this subsection, reasonable and necessary living expenses equal the applicable payment amount under s. 49.19 (11) (a) 1. plus other specified, emergency or essential costs. The representative or authority making the determination of indigency shall consider any assets of the spouse of the person claiming to be indigent as if they were assets of the person, unless the spouse was the victim of a crime allegedly committed by the person.

AB150, s. 7274 Section 7274. 977.07 (2) (b) of the statutes is renumbered 977.06 (3) and amended to read:

AB150,2340,25 977.06 (3) 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 shall adjust the amount of payment for counsel under par. (a) s. 977.07 (2) in accordance with par. (a) and sub. s. 977.07 (1) (a) and (2).

AB150, s. 7275 Section 7275. 977.07 (2) (c) of the statutes is renumbered 977.06 (2) (a) and amended to read:

AB150,2341,11 977.06 (2) (a) A person seeking to have counsel assigned for him or her under s. 977.08, other than a child who is entitled to be represented by counsel under s. 48.23, shall sign a statement declaring that he or she has not disposed of any assets for the purpose of qualifying for that assignment of counsel. If the representative or authority making the indigency determination finds that any asset was disposed of for less than its fair market value for the purpose of obtaining that assignment of counsel, the asset shall be counted under par. (a) s. 977.07 (2) at its fair market value at the time it was disposed of, minus the amount of compensation received for the asset.

AB150, s. 7276 Section 7276. 977.07 (2) (d) of the statutes is renumbered 977.06 (2) (b).

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

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

AB150,2341,19 977.06 (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, s. 7279 Section 7279. 977.07 (3m) (a) 1. of the statutes is renumbered 977.06 (4) (b) 1.

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

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

AB150,2342,3 977.06 (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, s. 7282 Section 7282. 977.08 (2) (f) of the statutes is repealed.

AB150, s. 7283 Section 7283. 977.08 (2) (h) of the statutes is repealed.

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

AB150,2342,17 977.08 (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, s. 7285 Section 7285. 977.08 (3) (g) of the statutes is created to read:

AB150,2342,21 977.08 (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.

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

AB150,2342,25 977.08 (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, s. 7287 Section 7287. 977.08 (5) (bd) of the statutes is repealed.

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

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

AB150,2343,7 977.085 (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), including information showing the cost savings achieved through the contracting.

AB150, s. 7290 Section 7290. 977.10 of the statutes is renumbered 977.06 (5).

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

AB150,2343,12 978.05 (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, s. 7292 Section 7292. 978.05 (6) (b) of the statutes is amended to read:

AB150,2343,16 978.05 (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, s. 7293 Section 7293. 978.07 (1) (a) of the statutes is amended to read:

AB150,2343,20 978.07 (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, s. 7294 Section 7294. 990.01 (3) of the statutes is amended to read:

AB150,2343,25 990.01 (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, s. 7295 Section 7295. 990.01 (20) of the statutes is amended to read:

AB150,2344,5 990.01 (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, s. 7296 Section 7296. 992.06 (2) of the statutes is amended to read:

AB150,2345,3 992.06 (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 revenue 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 revenue, 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.

AB150, s. 7297 Section 7297. 992.06 (3) of the statutes is amended to read:

AB150,2345,11 992.06 (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 revenue 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.

AB150, s. 7298 Section 7298. Laws of 1981, chapter 45, section 50 is repealed.

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

AB150,2345,21 49.45 (6n) 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.

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

AB150,2346,4 [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:

AB150,2346,5 (c) This subsection does not apply after June 30, 1995 1996.

AB150, s. 7301 Section 7301. 1993 Wisconsin Act 377, section 9312 (1) is amended to read:

AB150,2346,10 [1993 Wisconsin Act 377] Section 9312 (1) (title) Youthful Serious juvenile offender program. The treatment of sections 48.34 (4g) and 48.537 of the statutes first applies to delinquent acts committed on the effective date of this subsection January 1, 1996.

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

AB150,2346,12 (1)   Transfer of national and community service board.

AB150,2346,17 (a)  Assets and liabilities. On the effective date of this subdivision, 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.

AB150,2346,18 (b)  Positions and employes.

AB150,2346,23 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. 

AB150,2347,3 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.

AB150,2347,9 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 statues, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

AB150,2347,14 (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.

AB150,2347,22 (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.

AB150,2347,23 (2)  Initial state vendor charges and fees.

AB150,2348,4 (a)  Using the procedure under section 227.24 of the statutes, the department of administration shall promulgate rules required under sections 16.701 and 16.702 (1) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) of the statutes, an emergency rule promulgated under this paragraph is effective until June 30, 1997, or until the conditions specified in section 227.24 (1) (d) of the statutes occur, whichever is sooner.

AB150,2348,6 (b)  The department of administration shall promulgate the rules required under paragraph (a) to become effective no later than February 1, 1996.

AB150,2348,9 (c)  In prescribing initial charges and fees under sections 16.701 and 16.702 (1) of the statutes, as created by this act, the department of administration shall attempt to ensure gross revenue to the state of $7,000,000 per fiscal year.

AB150,2348,15 (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.

AB150,2348,19 (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.

AB150,2349,2 (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) and (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. The funding is not subject to the grant procedure under section 16.964 (2m) of the statutes.

AB150,2349,10 (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) and (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. The funding is not subject to the grant procedure under section 16.964 (2m) of the statutes.