1997 Wisconsin Act 27

27,5460 Section 5460 . 973.135 (1) (b) of the statutes is created to read:

973.135 (1) (b) “State superintendent" means the state superintendent of public instruction.

27,5461 Section 5461 . 973.135 (2) of the statutes is amended to read:

973.135 (2) If a court determines that a person convicted of a crime specified in ch. 948, including a crime specified in s. 948.015, a felony for which the maximum term of imprisonment is at least 5 years, 4th degree sexual assault under s. 940.225 (3m) or a crime in which the victim was a child, is employed by an educational agency, the clerk of the court in which such conviction occurred shall promptly forward to the department state superintendent the record of conviction.

27,5462 Section 5462 . 973.135 (3) of the statutes is amended to read:

973.135 (3) If a conviction under sub. (2) is reversed, set aside or vacated, the clerk of the court shall promptly forward to the department state superintendent a certificate stating that the conviction has been reversed, set aside or vacated.

27,5483 Section 5483 . 977.08 (5) (b) (intro.) of the statutes is amended to read:

977.08 (5) (b) (intro.) Any Except as provided in par. (bn), any of the following constitutes an annual caseload standard for an assistant state public defender in the subunit responsible for trials:

27,5484 Section 5484 . 977.08 (5) (bn) of the statutes is created to read:

977.08 (5) (bn) Beginning on the effective date of this paragraph .... [revisor inserts date], and ending on June 30, 1999, any of the following constitutes an annual caseload standard for an assistant state public defender in the subunit responsible for trials:

1. Felony cases not specified in subd. 1m.: 184.5.

1m. First-degree intentional homicide cases: 15.

1r. Cases representing persons under ss. 980.05 and 980.06: 15.

2. Misdemeanor cases: 492.

3. Cases not covered under subd. 1., 1m., 1r. or 2.: 246.

27,5484m Section 5484m. 978.045 (1r) (e) of the statutes is amended to read:

978.045 (1r) (e) The district attorney is physically unable to attend to his or her duties or has a mental incapacity that impairs his or her ability to substantially perform his or her duties.

27,5485c Section 5485c. 978.12 (5) (b) of the statutes is amended to read:

978.12 (5) (b) Employes generally. District attorneys and state employes of the office of district attorney shall be included within the provisions of the Wisconsin retirement system under ch. 40 as a participating employe of that office, except that the district attorney and state employes of the office of district attorney in a county having a population of 500,000 or more have the option provided under par. (c) s. 978.12 (5) (c), 1995 stats.

27,5485g Section 5485g. 978.12 (5) (c) 5. of the statutes is repealed.

27,5485n Section 5485n. 978.12 (6) of the statutes is renumbered 978.12 (6) (a) and amended to read:

978.12 (6) (a) District attorneys and state employes of the office of district attorney shall be included within all insurance benefit plans under ch. 40, except as authorized in this subsection paragraph. Alternatively, the state shall provide insurance benefit plans for district attorneys and state employes in the office of district attorney in the manner provided in this subsection paragraph. A district attorney or other employe of the office of district attorney who was employed in that office as a county employe on December 31, 1989, and who received any form of fringe benefits other than a retirement, deferred compensation or employe-funded reimbursement account plan as a county employe, as defined by that county pursuant to the county's personnel policies, or pursuant to a collective bargaining agreement in effect on January 1, 1990, or the most recent collective bargaining agreement covering represented employes who are not covered by such an agreement, may elect to continue to be covered under all such fringe benefit plans provided by the county after becoming a state employe. In a county having a population of 500,000 or more, the fringe benefit plans shall include health insurance benefits fully paid by the county for each retired employe who, on or after December 31, 1989, attains at least 15 years of service in the office of district attorney of that county, whether or not the service is as a county employe, for the duration of the employe's life. An employe may make an election under this subsection paragraph no later than January 31, 1990, except that an employe who serves as an assistant district attorney in a county having a population of 500,000 or more may make an election under this subsection paragraph no later than March 1, 1990. An election under this subsection paragraph shall be for the duration of the employe's employment in the office of district attorney for the same county by which the employe was employed or until the employe terminates the election under this subsection paragraph, at the same cost to the county as the county incurs for a similarly situated county employe. If Subject to par. (b), if the employer's cost for such fringe benefits for any such employe is less than or equal to the cost for comparable coverage under ch. 40, if any, the state shall reimburse the county for that cost. If Subject to par. (b), if the employer's cost for such fringe benefits for any such employe is greater than the cost for comparable coverage under ch. 40, the state shall reimburse the county for the cost of comparable coverage under ch. 40 and the county shall pay the remainder of the cost. The cost of comparable coverage under ch. 40 shall equal the average cost of comparable coverage under ch. 40 for employes in the office of the state public defender, as contained in budget determinations approved by the joint committee on finance or the legislature under the biennial budget act for the period during which the costs are incurred. An employe who makes the election under this subsection paragraph may terminate that election, and shall then be included within all insurance benefit plans under ch. 40, except that the department of employe trust funds may require prior written notice, not exceeding one year's duration, of an employe's intent to be included under any insurance benefit plan under ch. 40.

27,5485r Section 5485r. 978.12 (6) (b) of the statutes is created to read:

978.12 (6) (b) 1. Beginning in the 1997-98 fiscal year and ending in the 2006-07 fiscal year, the state shall in each fiscal year reduce its reimbursement of the employer's cost for fringe benefits under par. (a) by an amount that equals the amount paid by the department of administration to the Wisconsin retirement system under s. 40.05 (2) (bz) 3.

2. In the 1997-98 fiscal year and the 1998-99 fiscal year, after making the reduction specified under subd. 1., the state shall increase its reimbursement of the employer's cost for fringe benefits under par. (a) by $50,000.

27,5485w Section 5485w. 978.12 (6) (c) of the statutes is created to read:

978.12 (6) (c) A county having a population of 500,000 or more may not reduce the fringe benefits of any assistant district attorney granted creditable service under s. 40.02 (17) (gm) to compensate for the reduction in the state's reimbursement of the employer's cost for fringe benefits under par. (b).

27,5486 Section 5486 . 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. 961. 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 $65,800 $70,500 in the 1995-96 1997-98 fiscal year and $68,100 $73,000 in the 1996-97 1998-99 fiscal year.

27,5487 Section 5487 . 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) (i). The amount paid under this paragraph may not exceed $82,600 $88,500 in the 1995-96 1997-98 fiscal year and $85,500 $91,600 in the 1996-97 1998-99 fiscal year.

27,5491b Section 5491b. 980.02 (5) of the statutes is created to read:

980.02 (5) Notwithstanding sub. (4), if the department of justice decides to file a petition under sub. (1) (a), it may file the petition in the circuit court for Dane County.

27,5491c Section 5491c. 980.06 (2) (b) of the statutes is amended to read:

980.06 (2) (b) An order for commitment under this section shall specify either institutional care in a secure mental health unit or facility, as provided under s. 980.065, or other facility or supervised release. In determining whether commitment shall be for institutional care in a secure mental health unit or facility or other facility or for supervised release, the court may consider, without limitation because of enumeration, the nature and circumstances of the behavior that was the basis of the allegation in the petition under s. 980.02 (2) (a), the person's mental history and present mental condition, where the person will live, how the person will support himself or herself, and what arrangements are available to ensure that the person has access to and will participate in necessary treatment. The department shall arrange for control, care and treatment of the person in the least restrictive manner consistent with the requirements of the person and in accordance with the court's commitment order.

27,5491d Section 5491d. 980.06 (2) (c) of the statutes is amended to read:

980.06 (2) (c) If the court finds that the person is appropriate for supervised release, the court shall notify the department. The department and the county department under s. 51.42 in the county of residence of the person, as determined under s. 980.105, shall prepare a plan that identifies the treatment and services, if any, that the person will receive in the community. The plan shall address the person's need, if any, for supervision, counseling, medication, community support services, residential services, vocational services, and alcohol or other drug abuse treatment. The department may contract with a county department, under s. 51.42 (3) (aw) 1. d., with another public agency or with a private agency to provide the treatment and services identified in the plan. The plan shall specify who will be responsible for providing the treatment and services identified in the plan. The plan shall be presented to the court for its approval within 21 days after the court finding that the person is appropriate for supervised release, unless the department, county department and person to be released request additional time to develop the plan. If the county department of the person's county of residence declines to prepare a plan, the department may arrange for another county to prepare the plan if that county agrees to prepare the plan and if the person will be living in that county. If the department is unable to arrange for another county to prepare a plan, the court shall designate a county department to prepare the plan, order the county department to prepare the plan and place the person on supervised release in that county, except that the court may not so designate the county department in the a county where the a facility in which the person was committed placed for institutional care is located unless that county is also the person's county of residence.

27,5491g Section 5491g. 980.065 (title) of the statutes is amended to read:

980.065 (title) Secure mental health unit or facility Institutional care for sexually violent persons.

27,5491L Section 5491L. 980.065 (1) (intro.), (a) and (b) of the statutes are consolidated, renumbered 980.065 (1m) and amended to read:

980.065 (1m) The department shall may place a person committed to a secure mental health unit or facility institutional care under s. 980.06 (2) (b) at one of the following: (a) The a mental health unit or facility, including a secure mental health unit or facility at the Wisconsin resource center established under s. 46.056. (b) A or a secure mental health unit or facility provided by the department of corrections under sub. (2).

27,5491p Section 5491p. 980.065 (2) of the statutes is amended to read:

980.065 (2) The department may contract with the department of corrections for the provision of a secure mental health unit or facility for persons committed to institutional care under s. 980.06 (2) (b) to a secure mental health unit or facility. The department shall operate a secure mental health unit or facility provided by the department of corrections under this subsection and shall promulgate rules governing the custody and discipline of persons placed by the department in the secure mental health unit or facility provided by the department of corrections under this subsection.

27,5491t Section 5491t. 980.08 (1) of the statutes is amended to read:

980.08 (1) Any person who is committed for to institutional care in a secure mental health unit or facility or other facility under s. 980.06 may petition the committing court to modify its order by authorizing supervised release if at least 6 months have elapsed since the initial commitment order was entered, the most recent release petition was denied or the most recent order for supervised release was revoked. The director of the facility at which the person is placed may file a petition under this subsection on the person's behalf at any time.

27,5491x Section 5491x. 980.08 (4) of the statutes is amended to read:

980.08 (4) The court, without a jury, shall hear the petition within 30 days after the report of the court-appointed examiner is filed with the court, unless the petitioner waives this time limit. Expenses of proceedings under this subsection shall be paid as provided under s. 51.20 (18). The court shall grant the petition unless the state proves by clear and convincing evidence that the person is still a sexually violent person and that it is still substantially probable that the person will engage in acts of sexual violence if the person is not confined in a secure mental health unit or facility continued in institutional care. In making a decision under this subsection, the court may consider, without limitation because of enumeration, the nature and circumstances of the behavior that was the basis of the allegation in the petition under s. 980.02 (2) (a), the person's mental history and present mental condition, where the person will live, how the person will support himself or herself and what arrangements are available to ensure that the person has access to and will participate in necessary treatment.

27,5491y Section 5491y. 980.08 (5) of the statutes is amended to read:

980.08 (5) If the court finds that the person is appropriate for supervised release, the court shall notify the department. The department and the county department under s. 51.42 in the county of residence of the person, as determined under s. 980.105, shall prepare a plan that identifies the treatment and services, if any, that the person will receive in the community. The plan shall address the person's need, if any, for supervision, counseling, medication, community support services, residential services, vocational services, and alcohol or other drug abuse treatment. The department may contract with a county department, under s. 51.42 (3) (aw) 1. d., with another public agency or with a private agency to provide the treatment and services identified in the plan. The plan shall specify who will be responsible for providing the treatment and services identified in the plan. The plan shall be presented to the court for its approval within 60 days after the court finding that the person is appropriate for supervised release, unless the department, county department and person to be released request additional time to develop the plan. If the county department of the person's county of residence declines to prepare a plan, the department may arrange for another county to prepare the plan if that county agrees to prepare the plan and if the person will be living in that county. If the department is unable to arrange for another county to prepare a plan, the court shall designate a county department to prepare the plan, order the county department to prepare the plan and place the person on supervised release in that county, except that the court may not so designate the county department in the a county where the a facility in which the person was committed placed for institutional care is located unless that county is also the person's county of residence.

27,5501z Section 5501z. 1995 Wisconsin Act 27, section 9126 (26j) (title) is renumbered 46.705 (title) of the statutes.

27,5502 Section 5502 . 1995 Wisconsin Act 27, section 9126 (26j) (a) is renumbered 46.705 (1) of the statutes and amended to read:

46.705 (1) The department of health and social services shall establish administer a pilot project under which the Red Cliff Band of Lake Superior Chippewas may directly negotiate a contract with the department of health and social services to provide certain social services for tribal members who reside within the boundaries of the reservation of the Red Cliff Band of Lake Superior Chippewas. Specific programs, services and funding levels that are to be provided under the project shall be determined by negotiations between the department of health and social services and the Red Cliff Band of Lake Superior Chippewas and shall be specified in the contract. As a condition of the contract, the Red Cliff Band of Lake Superior Chippewas shall contract for performance of an independent evaluation of the project.

27,5503 Section 5503 . 1995 Wisconsin Act 27, section 9126 (26j) (b) is repealed.

27,5503g Section 5503g. 1995 Wisconsin Act 27, section 9142 (10j) is renumbered 30.92 (4r) of the statutes and amended to read:

30.92 (4r) (title) Recreational boating projects; dam renovation and repair Chair Factory Dam. Of the amounts appropriated under section s. 20.370 (5) (cq) of the statutes, as affected by this act, and before applying the percentages under section 30.92 sub. (4) (b) 6. of the statutes, the department of natural resources shall expend in fiscal year 1995-96 the amount that is necessary for the renovation and repair or the removal of the Chair Factory Dam in Grafton, but the amount shall not exceed $264,000. Notwithstanding section 30.92 sub. (1) (c) of the statutes, the dam project specified under this subsection is a recreational boating facility for the purpose of expending moneys under this subsection. The dam section. This project specified under this subsection is exempt from being need not be placed on the priority list under section 30.92 sub. (3) (a) of the statutes.

27,5503h Section 5503h. 1995 Wisconsin Act 27, section 9148 (3z) (b) is amended to read:

[1995 Wisconsin Act 27] Section 9148 (3z) (b) Any person who holds a permit, license or certificate issued by the department of revenue that expires on or after December 31, 1995, for an activity for which a business tax registration certificate is required on or after January 1, 1996, shall, upon application, be issued at no charge a business tax registration certificate under section 73.03 (50) of the statutes, as created by this act, that expires on a date that is determined by the department of revenue and that is between January 1, 1998, and December 31, 1999.

27,5503m Section 5503m. 1995 Wisconsin Act 92, section 10 (1) is repealed and recreated to read:

[1995 Wisconsin Act 92] Section 10 (1) This act first applies to a person for whom a petition for protective placement under section 55.06 (2) of the statutes is filed on December 16, 1995, except that, for persons protectively placed under chapter 55 of the statutes for whom the petition for protective placement was filed before December 16, 1995, this act first applies to a person for whom a petition under section 55.06 (10) (b) of the statutes or a report concerning a periodic reexamination of the protective placement is filed with a court on the date specified in section 9400 of the 1997-99 biennial budget act.

27,5504 Section 5504 . 1995 Wisconsin Act 113, section 9155 (4m) (title) is renumbered 85.105 (title) of the statutes and amended to read:

85.105 (title) Department Sale of motor vehicle records.

27,5505 Section 5505 . 1995 Wisconsin Act 113, section 9155 (4m) (a) is renumbered 85.105 (1) of the statutes and amended to read:

85.105 (1) Notwithstanding section s. 343.24 (2m) of the statutes, as affected by this act, the department of transportation may contract with a person to periodically furnish that person with any records on computer tape or other electronic media that contain information from files of motor vehicle accidents or uniform traffic citations and which were produced for or developed by the department for purposes related to maintenance of the operating record file data base. The department and the person desiring to contract with the department shall make a good faith effort to negotiate the purchase price for the records to be provided under this paragraph. No record may be furnished under this subsection after June 30, 1997 section.

27,5505g Section 5505g. 1995 Wisconsin Act 113, section 9155 (4m) (b) is renumbered 85.105 (2) (a) of the statutes and amended to read:

85.105 (2) (a) The department of transportation shall, no later than March 1, 1996, submit a report to each member of the joint committee on finance summarizing the terms and conditions of any contract entered into under paragraph (a). If Whenever the department enters into a contract under paragraph (a) after March 1, 1996 sub. (1), the department shall, prior to the next regular quarterly meeting of the joint committee on finance, submit to each member of that committee a report summarizing the terms and conditions of that contract.

27,5505m Section 5505m. 1995 Wisconsin Act 113, section 9155 (4m) (c) is renumbered 85.105 (2) (b) of the statutes and amended to read:

85.105 (2) (b) If, during the period of any contract entered into under paragraph (a) sub. (1), the department determines that the cost of providing operators' records, uniform traffic citations and motor vehicle accident reports under this subsection and section 343.24 (2m) of the statutes, as affected by this act, exceeds has reduced the total revenues received from the sale of those records and operator's records under s. 343.24 (2m), the department shall submit a report to each member of the joint committee on finance summarizing the expenditures and revenues related to the sale of those records under this section and under s. 343.24 (2m).

27,5506 Section 5506. 1995 Wisconsin Act 113, section 9155 (4m) (d) is repealed.

27,5507 Section 5507 . 1995 Wisconsin Act 289, section 275 (6) is amended to read:

[1995 Wisconsin Act 289] Section 275 (6) KINSHIP CARE ASSESSMENTS AND BACKGROUND INVESTIGATIONS. Beginning on July 1, 1996, each county department of human services or social services under sections 46.215, 46.22 and 46.23 of the statutes, when conducting its regularly scheduled reinvestigation under section 49.19 (5) (e) of the statutes of each nonlegally responsible relative who is providing care for a dependent child, as defined in section 49.19 (1) (a) of the statutes, under a program administered by that county department, shall assess and conduct a background investigation of the relative to determine if the relative is eligible to receive kinship care payments under section 48.57 (3m) (am) of the statutes, as created by this act. Immediately after conducting the assessment and background investigation, each county department of human services or social services under section 46.215, 46.22 and 46.23 of the statutes shall end income maintenance payments under section 49.33 of the statutes to the nonlegally responsible relative and, if the relative is determined to be eligible to receive kinship care payments under section 48.57 (3m) (am) of the statutes, as created by this act, the department of industry, labor and job development health and family services shall begin making those kinship care payments or, if the relative is determined eligible to receive foster care payments under section 48.62 (4) of the statutes, the county department shall begin making those foster care payments. Each county department of human services or social services under sections 46.215, 46.22 and 46.23 shall complete all of the assessments and background investigations required under this subsection and shall end all income maintenance payments under section 49.33 of the statutes to those relatives by July 1, 1997 December 31, 1997, or if a county department under section 46.215 of the statutes is unable to complete all of those assessments and background investigations and to end all of those payments by December 31, 1997, the county department shall notify the department of health and family services of that inability and that department shall assist the county department in completing all of those assessments and background investigations and shall require the county department to end those payments by December 31, 1997.

27,5508 Section 5508 . 1995 Wisconsin Act 351, section 41 (1) is amended to read:

[1995 Wisconsin Act 351] Section 41 (1) Reconciliation. Cellular mobile radio telecommunications utilities Persons that provide commercial mobile service and telephone companies that provide basic local exchange service shall reconcile their first payments under subchapter V of chapter 76 of the statutes, as created by this act, to reflect their overpayment or under payment of their final instalment of gross receipts taxes. All other telephone companies shall reconcile their first payments under subchapter IV of chapter 76 of the statutes, as created by this act, to reflect their overpayment or underpayment of their final instalment of gross receipts taxes.

27,5508td Section 5508td. 1995 Wisconsin Act 445, section 8 is repealed.

27,5508tg Section 5508tg. 1995 Wisconsin Act 445, section 10 is repealed.

27,5509m Section 5509m. 1995 Wisconsin Act 445, section 14 is repealed.

27,5510d Section 5510d. 1995 Wisconsin Act 445, section 23 (1) is amended to read:

[1995 Wisconsin Act 445] Section 23 (1) The repeal of sections 14.26 (4m) and 20.395 (5) (qr) of the statutes and the amendment of sections 341.14 (6r) (bm) 1. (by Section 14), (c) (by Section 16) and (e) (by Section 18) and 341.16 (1) (b) (by Section 22) of the statutes take effect on January 1, 1999.

27,5510em Section 5510em. 1995 Wisconsin Act 445, section 23 (2) is amended to read:

[1995 Wisconsin Act 445] Section 23 (2) The repeal of sections 13.101 (3m), 20.525 (1) (k) and (qr), 20.865 (4) (c), 25.40 (2) (b) 20p. and 341.14 (6r) (bg) and (f) 52. of the statutes takes effect on July 1, 1999.

27,5510j Section 5510j. 1995 Wisconsin Act 453, section 5g is repealed.

27,5510n Section 5510n. 1995 Wisconsin Act 453, section 12 (1) (b) is repealed.

27,5510s Section 5510s. 1997 Wisconsin Act 4, section 4 (1) (a) is amended to read:

[1997 Wisconsin Act 4] Section 4 (1) (a) Notwithstanding 1995 Wisconsin Act 27, section 9126 (23) and (26v), the department of corrections may, from July 1, 1997, until July 1, 1998 1999, operate the juvenile secured correctional facility authorized under 1995 Wisconsin Act 27, section 9126 (26v), as a state prison named in section 302.01 of the statutes, as affected by this act, for the placement of prisoners, as defined in section 301.01 (2) of the statutes, who are young adults not more than 21 years of age and who are not violent offenders, as determined by the department of corrections.

27,9101 Section 9101. Nonstatutory provisions; administration.

(1) Transfer of land information functions.

(a) Employe transfers. All incumbent employes holding positions with the land information board are transferred on the effective date of this paragraph to the department of administration.

(b) Employe status. Employes transferred under paragraph (a) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of administration that they enjoyed with the land information board 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.

(1c) Supplemental title fee matching. Notwithstanding section 20.855 (4) (f) of the statutes, as created by this act, the transfer of funds from the general fund to the environmental fund in an amount equal to the amount of supplemental title fees collected under section 342.14 (3m) of the statutes, as affected by this act, for 1997 shall be made no later than October 15, 1997, or the 15th day after the date on which certification is made under Section 9149 (1c) of this act, whichever is later.

(2) Wisconsin land council. Notwithstanding the length of term specified in section 15.107 (16) (d) of the statutes, as created by this act, the initial terms of 3 of the members appointed under section 15.107 (16) (b) 8. to 13. of the statutes, as created by this act, shall expire on July 1, 2000, the initial terms of 3 other members so appointed shall expire on July 1, 2001, and the initial terms of 3 other members so appointed shall expire on July 1, 2002.