AB100-engrossed,2259,32
973.135
(1) (b) "State superintendent" means the state superintendent of
3public instruction.
AB100-engrossed,2259,105
973.135
(2) If a court determines that a person convicted of a crime specified
6in ch. 948, including a crime specified in s. 948.015, a felony for which the maximum
7term of imprisonment is at least 5 years, 4th degree sexual assault under s. 940.225
8(3m) or a crime in which the victim was a child, is employed by an educational agency,
9the clerk of the court in which such conviction occurred shall promptly forward to the
10department state superintendent the record of conviction.
AB100-engrossed,2259,1412
973.135
(3) If a conviction under sub. (2) is reversed, set aside or vacated, the
13clerk of the court shall promptly forward to the
department state superintendent a
14certificate stating that the conviction has been reversed, set aside or vacated.
AB100-engrossed,2259,1816
977.08
(5) (b) (intro.)
Any Except as provided in par. (bn), any of the following
17constitutes an annual caseload standard for an assistant state public defender in the
18subunit responsible for trials:
AB100-engrossed,2259,2320
977.08
(5) (bn) Beginning on the effective date of this paragraph .... [revisor
21inserts date], and ending on June 30, 1999, any of the following constitutes an annual
22caseload standard for an assistant state public defender in the subunit responsible
23for trials:
AB100-engrossed,2259,2424
1. Felony cases not specified in subd. 1m.: 184.5.
AB100-engrossed,2259,2525
1m. First-degree intentional homicide cases: 15.
AB100-engrossed,2260,1
11r. Cases representing persons under ss. 980.05 and 980.06: 15.
AB100-engrossed,2260,22
2. Misdemeanor cases: 492.
AB100-engrossed,2260,33
3. Cases not covered under subd. 1., 1m., 1r. or 2.: 246.
AB100-engrossed,2260,75
978.045
(1r) (e) The district attorney is
physically unable to attend to his or her
6duties
or has a mental incapacity that impairs his or her ability to substantially
7perform his or her duties.
AB100-engrossed,2260,149
978.12
(5) (b)
Employes generally. District attorneys and state employes of the
10office of district attorney shall be included within the provisions of the Wisconsin
11retirement system under ch. 40 as a participating employe of that office, except that
12the district attorney and state employes of the office of district attorney in a county
13having a population of 500,000 or more have the option provided under
par. (c) s.
14978.12 (5) (c), 1995 stats.
AB100-engrossed,2262,918
978.12
(6) (a) District attorneys and state employes of the office of district
19attorney shall be included within all insurance benefit plans under ch. 40, except as
20authorized in this
subsection paragraph. Alternatively, the state shall provide
21insurance benefit plans for district attorneys and state employes in the office of
22district attorney in the manner provided in this
subsection paragraph. A district
23attorney or other employe of the office of district attorney who was employed in that
24office as a county employe on December 31, 1989, and who received any form of fringe
25benefits other than a retirement, deferred compensation or employe-funded
1reimbursement account plan as a county employe, as defined by that county
2pursuant to the county's personnel policies, or pursuant to a collective bargaining
3agreement in effect on January 1, 1990, or the most recent collective bargaining
4agreement covering represented employes who are not covered by such an
5agreement, may elect to continue to be covered under all such fringe benefit plans
6provided by the county after becoming a state employe. In a county having a
7population of 500,000 or more, the fringe benefit plans shall include health insurance
8benefits fully paid by the county for each retired employe who, on or after December
931, 1989, attains at least 15 years of service in the office of district attorney of that
10county, whether or not the service is as a county employe, for the duration of the
11employe's life. An employe may make an election under this
subsection paragraph 12no later than January 31, 1990, except that an employe who serves as an assistant
13district attorney in a county having a population of 500,000 or more may make an
14election under this
subsection paragraph no later than March 1, 1990. An election
15under this
subsection paragraph shall be for the duration of the employe's
16employment in the office of district attorney for the same county by which the
17employe was employed or until the employe terminates the election under this
18subsection paragraph, at the same cost to the county as the county incurs for a
19similarly situated county employe.
If Subject to par. (b), if the employer's cost for
20such fringe benefits for any such employe is less than or equal to the cost for
21comparable coverage under ch. 40, if any, the state shall reimburse the county for
22that cost.
If Subject to par. (b), if the employer's cost for such fringe benefits for any
23such employe is greater than the cost for comparable coverage under ch. 40, the state
24shall reimburse the county for the cost of comparable coverage under ch. 40 and the
25county shall pay the remainder of the cost. The cost of comparable coverage under
1ch. 40 shall equal the average cost of comparable coverage under ch. 40 for employes
2in the office of the state public defender, as contained in budget determinations
3approved by the joint committee on finance or the legislature under the biennial
4budget act for the period during which the costs are incurred. An employe who makes
5the election under this
subsection paragraph may terminate that election, and shall
6then be included within all insurance benefit plans under ch. 40, except that the
7department of employe trust funds may require prior written notice, not exceeding
8one year's duration, of an employe's intent to be included under any insurance benefit
9plan under ch. 40.
AB100-engrossed,2262,1511
978.12
(6) (b) 1. Beginning in the 1997-98 fiscal year and ending in the 2006-07
12fiscal year, the state shall in each fiscal year reduce its reimbursement of the
13employer's cost for fringe benefits under par. (a) by an amount that equals the
14amount paid by the department of administration to the Wisconsin retirement
15system under s. 40.05 (2) (bz) 3.
AB100-engrossed,2262,1816
2. In the 1997-98 fiscal year and the 1998-99 fiscal year, after making the
17reduction specified under subd. 1., the state shall increase its reimbursement of the
18employer's cost for fringe benefits under par. (a) by $50,000.
AB100-engrossed,2262,2320
978.12
(6) (c) A county having a population of 500,000 or more may not reduce
21the fringe benefits of any assistant district attorney granted creditable service under
22s. 40.02 (17) (gm) to compensate for the reduction in the state's reimbursement of the
23employer's cost for fringe benefits under par. (b).
AB100-engrossed,2263,9
1978.13
(1) (b) In counties having a population of 500,000 or more, the salary
2and fringe benefit costs of 2 clerk positions providing clerical services to the
3prosecutors in the district attorney's office handling cases involving felony violations
4under ch. 961. The state treasurer shall pay the amount authorized under this
5paragraph to the county treasurer pursuant to a voucher submitted by the district
6attorney to the department of administration from the appropriation under s. 20.475
7(1)
(h) (i). The amount paid under this paragraph may not exceed
$65,800 $70,500 8in the
1995-96 1997-98 fiscal year and
$68,100 $73,000 in the
1996-97 1998-99 9fiscal year.
AB100-engrossed,2263,2011
978.13
(1) (c) In counties having a population of 500,000 or more, the salary and
12fringe benefit costs of clerk positions in the district attorney's office necessary for the
13prosecution of violent crime cases primarily involving felony violations under s.
14939.63, if a felony is committed while armed, and under ss. 940.01 to 940.03, 940.05,
15940.06, 940.225, 943.23 (1g), (1m) and (1r) and 943.32 (2). The state treasurer shall
16pay the amount authorized under this paragraph to the county treasurer pursuant
17to a voucher submitted by the district attorney to the secretary of administration
18from the appropriation under s. 20.475 (1) (i). The amount paid under this paragraph
19may not exceed
$82,600 $88,500 in the
1995-96 1997-98 fiscal year and
$85,500 20$91,600 in the
1996-97 1998-99 fiscal year.
AB100-engrossed,2263,2422
980.02
(5) Notwithstanding sub. (4), if the department of justice decides to file
23a petition under sub. (1) (a), it may file the petition in the circuit court for Dane
24County.
AB100-engrossed,2264,13
1980.06
(2) (b) An order for commitment under this section shall specify either
2institutional care
in a secure mental health unit or facility, as provided under s.
3980.065, or other facility or supervised release. In determining whether
4commitment shall be for institutional care
in a secure mental health unit or facility
5or other facility or for supervised release, the court may consider, without limitation
6because of enumeration, the nature and circumstances of the behavior that was the
7basis of the allegation in the petition under s. 980.02 (2) (a), the person's mental
8history and present mental condition, where the person will live, how the person will
9support himself or herself, and what arrangements are available to ensure that the
10person has access to and will participate in necessary treatment. The department
11shall arrange for control, care and treatment of the person in the least restrictive
12manner consistent with the requirements of the person and in accordance with the
13court's commitment order.
AB100-engrossed,2265,1315
980.06
(2) (c) If the court finds that the person is appropriate for supervised
16release, the court shall notify the department. The department and the county
17department under s. 51.42 in the county of residence of the person, as determined
18under s. 980.105, shall prepare a plan that identifies the treatment and services, if
19any, that the person will receive in the community. The plan shall address the
20person's need, if any, for supervision, counseling, medication, community support
21services, residential services, vocational services, and alcohol or other drug abuse
22treatment. The department may contract with a county department, under s. 51.42
23(3) (aw) 1. d., with another public agency or with a private agency to provide the
24treatment and services identified in the plan. The plan shall specify who will be
25responsible for providing the treatment and services identified in the plan. The plan
1shall be presented to the court for its approval within 21 days after the court finding
2that the person is appropriate for supervised release, unless the department, county
3department and person to be released request additional time to develop the plan.
4If the county department of the person's county of residence declines to prepare a
5plan, the department may arrange for another county to prepare the plan if that
6county agrees to prepare the plan and if the person will be living in that county. If
7the department is unable to arrange for another county to prepare a plan, the court
8shall designate a county department to prepare the plan, order the county
9department to prepare the plan and place the person on supervised release in that
10county, except that the court may not so designate the county department in
the a 11county where
the a facility in which the person was
committed placed for
12institutional care is located unless that county is also the person's county of
13residence.
AB100-engrossed,2265,16
15980.065 (title)
Secure mental health unit or facility Institutional care
16for sexually violent persons.
AB100-engrossed, s. 5491L
17Section 5491L. 980.065 (1) (intro.), (a) and (b) of the statutes are consolidated,
18renumbered 980.065 (1m) and amended to read:
AB100-engrossed,2265,2419
980.065
(1m) The department
shall
may place a person committed to
a secure
20mental health unit or facility institutional care under s. 980.06 (2) (b) at
one of the
21following: (a) The a mental health unit or facility, including a secure mental health
22unit or facility at the Wisconsin resource center established under s. 46.056
. (b) A 23or a secure mental health unit or facility provided by the department of corrections
24under sub. (2).
AB100-engrossed,2266,8
1980.065
(2) The department may contract with the department of corrections
2for the provision of a secure mental health unit or facility for persons committed
to
3institutional care under s. 980.06 (2) (b)
to a secure mental health unit or facility.
4The department shall operate a secure mental health unit or facility provided by the
5department of corrections under this subsection and shall promulgate rules
6governing the custody and discipline of persons placed
by the department in the
7secure mental health unit or facility provided by the department of corrections under
8this subsection.
AB100-engrossed,2266,1610
980.08
(1) Any person who is committed
for to institutional care
in a secure
11mental health unit or facility or other facility under s. 980.06 may petition the
12committing court to modify its order by authorizing supervised release if at least 6
13months have elapsed since the initial commitment order was entered, the most
14recent release petition was denied or the most recent order for supervised release was
15revoked. The director of the facility at which the person is placed may file a petition
16under this subsection on the person's behalf at any time.
AB100-engrossed,2267,618
980.08
(4) The court, without a jury, shall hear the petition within 30 days after
19the report of the court-appointed examiner is filed with the court, unless the
20petitioner waives this time limit. Expenses of proceedings under this subsection
21shall be paid as provided under s. 51.20 (18). The court shall grant the petition unless
22the state proves by clear and convincing evidence that the person is still a sexually
23violent person and that it is still substantially probable that the person will engage
24in acts of sexual violence if the person is not
confined in a secure mental health unit
25or facility continued in institutional care. In making a decision under this
1subsection, the court may consider, without limitation because of enumeration, the
2nature and circumstances of the behavior that was the basis of the allegation in the
3petition under s. 980.02 (2) (a), the person's mental history and present mental
4condition, where the person will live, how the person will support himself or herself
5and what arrangements are available to ensure that the person has access to and will
6participate in necessary treatment.
AB100-engrossed,2268,68
980.08
(5) If the court finds that the person is appropriate for supervised
9release, the court shall notify the department. The department and the county
10department under s. 51.42 in the county of residence of the person, as determined
11under s. 980.105, shall prepare a plan that identifies the treatment and services, if
12any, that the person will receive in the community. The plan shall address the
13person's need, if any, for supervision, counseling, medication, community support
14services, residential services, vocational services, and alcohol or other drug abuse
15treatment. The department may contract with a county department, under s. 51.42
16(3) (aw) 1. d., with another public agency or with a private agency to provide the
17treatment and services identified in the plan. The plan shall specify who will be
18responsible for providing the treatment and services identified in the plan. The plan
19shall be presented to the court for its approval within 60 days after the court finding
20that the person is appropriate for supervised release, unless the department, county
21department and person to be released request additional time to develop the plan.
22If the county department of the person's county of residence declines to prepare a
23plan, the department may arrange for another county to prepare the plan if that
24county agrees to prepare the plan and if the person will be living in that county. If
25the department is unable to arrange for another county to prepare a plan, the court
1shall designate a county department to prepare the plan, order the county
2department to prepare the plan and place the person on supervised release in that
3county, except that the court may not so designate the county department in
the a 4county where
the a facility in which the person was
committed placed for
5institutional care is located unless that county is also the person's county of
6residence.
AB100-engrossed,2268,20
946.705 Contract with Red Cliff Band of Lake Superior Chippewas. (1) 10The department
of health and social services shall
establish administer a pilot
11project under which the Red Cliff Band of Lake Superior Chippewas may directly
12negotiate a contract with the department
of health and social services to provide
13certain social services for tribal members who reside within the boundaries of the
14reservation of the Red Cliff Band of Lake Superior Chippewas. Specific programs,
15services and funding levels that are to be provided under the project shall be
16determined by negotiations between the department
of health and social services 17and the Red Cliff Band of Lake Superior Chippewas and shall be specified in the
18contract. As a condition of the contract, the Red Cliff Band of Lake Superior
19Chippewas shall contract for performance of an independent evaluation of the
20project.
AB100-engrossed,2268,21
21(2) This section does not apply after June 30, 1999.
AB100-engrossed,2269,11
130.92
(4r) (title)
Recreational boating projects; dam renovation and repair
2Chair Factory Dam. Of the amounts appropriated under
section s. 20.370 (5) (cq)
of
3the statutes, as affected by this act, and before applying the percentages under
4section 30.92 sub. (4) (b) 6.
of the statutes, the department
of natural resources shall
5expend
in fiscal year 1995-96 the amount that is necessary for the renovation and
6repair
or the removal of the Chair Factory Dam in Grafton, but the amount shall not
7exceed $264,000. Notwithstanding
section 30.92 sub. (1) (c)
of the statutes, the dam
8project specified under this subsection is a recreational boating facility for the
9purpose of expending moneys under this
subsection. The dam section. This project
10specified under this subsection is exempt from being
need not be placed on the
11priority list under
section 30.92 sub. (3) (a)
of the statutes.
AB100-engrossed,2269,2014[
1995 Wisconsin Act 27] Section 9148 (3z) (b) Any person who holds a permit,
15license or certificate issued by the department of revenue that expires on or after
16December 31, 1995, for an activity for which a business tax registration certificate
17is required on or after January 1, 1996, shall
, upon application, be issued at no charge
18a business tax registration certificate under section 73.03 (50) of the statutes, as
19created by this act, that expires on
a date that is determined by the department of
20revenue and that is between January 1, 1998
, and December 31, 1999.
AB100-engrossed,2270,5
23[
1995 Wisconsin Act 92] Section 10 (1) This act first applies to a person for
24whom a petition for protective placement under section 55.06 (2) of the statutes is
25filed on December 16, 1995, except that, for persons protectively placed under
1chapter 55 of the statutes for whom the petition for protective placement was filed
2before December 16, 1995, this act first applies to a person for whom a petition under
3section 55.06 (10) (b) of the statutes or a report concerning a periodic reexamination
4of the protective placement is filed with a court on the date specified in section 9400
5of the 1997-99 biennial budget act.
AB100-engrossed,2270,8
885.105 (title)
Department
Sale of motor vehicle records.
AB100-engrossed,2270,2011
85.105
(1) Notwithstanding
section
s. 343.24 (2m)
of the statutes, as affected
12by this act, the department
of transportation may contract with a person to
13periodically furnish that person with any records on computer tape or other
14electronic media that contain information from files of motor vehicle accidents or
15uniform traffic citations and which were produced for or developed by the
16department for purposes related to maintenance of the operating record file data
17base. The department and the person desiring to contract with the department shall
18make a good faith effort to negotiate the purchase price for the records to be provided
19under this paragraph. No record may be furnished under this
subsection after June
2030, 1997 section.
AB100-engrossed,2271,423
85.105
(2) (a)
The department of transportation shall, no later than March 1,
241996, submit a report to each member of the joint committee on finance summarizing
25the terms and conditions of any contract entered into under paragraph (a). If
1Whenever the department enters into a contract under
paragraph (a) after March
21, 1996 sub. (1), the department shall, prior to the next regular quarterly meeting
3of the joint committee on finance, submit to each member of that committee a report
4summarizing the terms and conditions of that contract.
AB100-engrossed,2271,147
85.105
(2) (b) If, during the period of any contract entered into under
paragraph
8(a) sub. (1), the department determines that
the cost of providing
operators' records, 9uniform traffic citations and motor vehicle accident reports under this
subsection
10and section
343.24 (2m) of the statutes, as affected by this act, exceeds has reduced 11the total revenues received from the sale of those records
and operator's records
12under s. 343.24 (2m), the department shall submit a report to each member of the
13joint committee on finance summarizing the expenditures and revenues related to
14the sale of
those records
under this section and under s. 343.24 (2m).
AB100-engrossed,2272,2017[
1995 Wisconsin Act 289] Section 275 (6) K
INSHIP CARE ASSESSMENTS AND
18BACKGROUND INVESTIGATIONS. Beginning on July 1, 1996, each county department of
19human services or social services under sections 46.215, 46.22 and 46.23 of the
20statutes, when conducting its regularly scheduled reinvestigation under section
2149.19 (5) (e) of the statutes of each nonlegally responsible relative who is providing
22care for a dependent child, as defined in section 49.19 (1) (a) of the statutes, under
23a program administered by that county department, shall assess and conduct a
24background investigation of the relative to determine if the relative is eligible to
25receive kinship care payments under section 48.57 (3m) (am) of the statutes, as
1created by this act. Immediately after conducting the assessment and background
2investigation, each county department of human services or social services under
3section 46.215, 46.22 and 46.23 of the statutes shall end income maintenance
4payments under section 49.33 of the statutes to the nonlegally responsible relative
5and, if the relative is determined to be eligible to receive kinship care payments
6under section 48.57 (3m) (am) of the statutes, as created by this act, the department
7of
industry, labor and job development health and family services shall begin making
8those kinship care payments or, if the relative is determined eligible to receive foster
9care payments under section 48.62 (4) of the statutes, the county department shall
10begin making those foster care payments. Each county department of human
11services or social services under sections 46.215, 46.22 and 46.23 shall complete all
12of the assessments and background investigations required under this subsection
13and shall end all income maintenance payments under section 49.33 of the statutes
14to those relatives by
July 1, 1997 December 31, 1997, or if a county department under
15section 46.215 of the statutes is unable to complete all of those assessments and
16background investigations and to end all of those payments by December 31, 1997,
17the county department shall notify the department of health and family services of
18that inability and that department shall assist the county department in completing
19all of those assessments and background investigations and shall require the county
20department to end those payments by December 31, 1997.
AB100-engrossed,2273,422[
1995 Wisconsin Act 351] Section 41 (1)
Reconciliation. Cellular mobile radio
23telecommunications utilities Persons that provide commercial mobile service and
24telephone companies that provide basic local exchange service shall reconcile their
25first payments under subchapter V of chapter 76 of the statutes, as created by this
1act, to reflect their overpayment or under payment of their final instalment of gross
2receipts taxes. All other telephone companies shall reconcile their first payments
3under subchapter IV of chapter 76 of the statutes, as created by this act, to reflect
4their overpayment or underpayment of their final instalment of gross receipts taxes.
AB100-engrossed,2273,129[
1995 Wisconsin Act 445] Section 23 (1) The repeal of sections 14.26 (4m) and
1020.395 (5) (qr) of the statutes and the amendment of sections 341.14 (6r)
(bm) 1. (by
11Section 14), (c) (by
Section 16) and (e) (by
Section 18) and 341.16 (1) (b) (by
Section 1222) of the statutes take effect on January 1, 1999.
AB100-engrossed,2273,1614[
1995 Wisconsin Act 445] Section 23 (2) The repeal of sections 13.101 (3m),
1520.525 (1) (k)
and (qr), 20.865 (4) (c)
, 25.40 (2) (b) 20p. and 341.14 (6r) (bg) and (f) 52.
16of the statutes takes effect on July 1, 1999.
AB100-engrossed,2274,220[
1997 Wisconsin Act 4] Section 4 (1) (a) Notwithstanding
1995 Wisconsin Act
2127, section
9126 (23) and (26v), the department of corrections may, from July 1, 1997,
22until July 1,
1998 1999, operate the juvenile secured correctional facility authorized
23under
1995 Wisconsin Act 27, section
9126 (26v)
, as a state prison named in section
24302.01 of the statutes, as affected by this act, for the placement of prisoners, as
25defined in section 301.01 (2) of the statutes, who are
young adults not more than 21
1years of age and who are not violent offenders, as determined by the department of
2corrections.
AB100-engrossed,2274,4
4(1)
Transfer of land information functions.
AB100-engrossed,2274,7
5(a) Employe transfers. All incumbent employes holding positions with the land
6information board are transferred on the effective date of this paragraph to the
7department of administration.
AB100-engrossed,2274,13
8(b) Employe status. Employes transferred under paragraph (a) have all the
9rights and the same status under subchapter V of chapter 111 and chapter 230 of the
10statutes in the department of administration that they enjoyed with the land
11information board immediately before the transfer. Notwithstanding section 230.28
12(4) of the statutes, no employe so transferred who has attained permanent status in
13class is required to serve a probationary period.
AB100-engrossed,2274,19
14(1c) Supplemental title fee matching. Notwithstanding section 20.855 (4) (f)
15of the statutes, as created by this act, the transfer of funds from the general fund to
16the environmental fund in an amount equal to the amount of supplemental title fees
17collected under section 342.14 (3m) of the statutes, as affected by this act, for 1997
18shall be made no later than October 15, 1997, or the 15th day after the date on which
19certification is made under
Section 9149 (1c) of this act, whichever is later.
AB100-engrossed,2274,25
20(2)
Wisconsin land council. Notwithstanding the length of term specified in
21section 15.107 (16) (d) of the statutes, as created by this act, the initial terms of 3 of
22the members appointed under section 15.107 (16) (b) 8. to 13. of the statutes, as
23created by this act, shall expire on July 1, 2000, the initial terms of 3 other members
24so appointed shall expire on July 1, 2001, and the initial terms of 3 other members
25so appointed shall expire on July 1, 2002.