SB357: Bill Text

SB357,32,19 13.525 Joint review committee on criminal penalties. (1) Creation. There is created a joint review committee on criminal penalties composed of the following members:

SB357,32,22 (a) One majority party member and one minority party member from each house of the legislature, appointed as are the members of standing committees in their respective houses.

SB357,32,23 (b) The attorney general or his or her designee.

SB357,32,24 (c) The secretary of corrections or his or her designee.

SB357,32,25 (d) The state public defender or his or her designee.

SB357,33,3 (e) A reserve judge who resides in the 1st, 2nd, 3rd, 4th or 5th judicial administrative district and a reserve judge who resides in the 6th, 7th, 8th, 9th or 10th judicial administrative district, appointed by the supreme court.

SB357,33,6 (f) Two members of the public appointed by the governor, one of whom shall have law enforcement experience in this state and one of whom shall be an elected county official.

SB357,33,9 (2) Officers. The majority party senator and the majority party representative to the assembly shall be cochairpersons of the committee. The committee shall elect a secretary from among its nonlegislator members.

SB357,33,11 (3) Judicial and gubernatorial appointees. Members appointed under sub. (1) (e) or (f) shall serve at the pleasure of the authority appointing them.

SB357,33,14 (4) Eligibility. A member shall cease to be a member upon losing the status upon which the appointment is based. Membership on the committee shall not be incompatible with any other public office.

SB357,33,22 (5) Review of legislation relating to crimes. (a) If any bill that is introduced in either house of the legislature proposes to create a new crime or revise a penalty for an existing crime and the bill is referred to a standing committee of the house in which it is introduced, the chairperson may request the joint review committee to prepare a report on the bill under par. (b). If the bill is not referred to a standing committee, the speaker of the assembly, if the bill is introduced in the assembly, or the presiding officer of the senate, if the bill is introduced in the senate, may request the joint review committee to prepare a report on the bill under par. (b).

SB357,33,25 (b) If the joint review committee receives a request under par. (a) for a report on a bill that proposes to create a new crime or revise a penalty for an existing crime, the committee shall prepare a report concerning all of the following:

SB357,34,3 1. The costs that are likely to be incurred or saved by the department of corrections, the department of justice, the state public defender, the courts, district attorneys and other state and local government agencies if the bill is enacted.

SB357,34,5 2. The consistency of penalties proposed in the bill with existing criminal penalties.

SB357,34,7 3. Alternative language needed, if any, to conform penalties proposed in the bill to penalties in existing criminal statutes.

SB357,34,9 4. Whether acts prohibited under the bill are prohibited under existing criminal statutes.

SB357,34,13 (c) The chief clerk shall print a report prepared by the committee under par. (b) as an appendix to the bill and attach it thereto as are amendments. The reproduction shall be in lieu of inclusion in the daily journal of the house in which the proposal is introduced.

SB357,34,19 (d) If a bill that is introduced in either house of the legislature proposes to create a new crime or revise a penalty for an existing crime, a standing committee to which the bill is referred may not vote on whether to recommend the bill for passage and the bill may not be passed by the house in which it is introduced before the joint review committee submits a report under par. (b) or before the 30th day after a report is requested under par. (a), whichever is earlier.

SB357,34,23 (6) Committee powers and procedures. The committee may hold hearings as needed to elicit information for making a report. The committee shall meet at the call of its cochairpersons. All actions of the committee require the approval of a majority of all of its members.

SB357, s. 9 Section 9. 13.69 (6m) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,35,5 13.69 (6m) Any principal, lobbyist or other individual acting on behalf of a principal who files a statement under s. 13.63 (1), 13.64, 13.65, 13.67 or 13.68 which he or she does not believe to be true may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

SB357, s. 10 Section 10. 15.01 (2) of the statutes is amended to read:

SB357,35,17 15.01 (2) "Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the Wisconsin waterways commission which shall consist of 5 members, the parole commission which shall consist of 6 members and the Fox river management commission which shall consist of 7 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a "commission", but is not a commission for purposes of s. 15.06. The parole commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06. The sentencing commission created under s. 15.105 (26) shall be known as a "commission" but is not a commission for purposes of s. 15.06 (1) to (4m), (7) and (9).

SB357, s. 11 Section 11. 15.105 (26) of the statutes is created to read:

SB357,35,21 15.105 (26) Sentencing commission. (a) Creation; membership. There is created a sentencing commission which is attached to the department of administration under s. 15.03 and which shall consist of the following members:

SB357,35,22 1. The attorney general or his or her designee.

SB357,35,23 2. The state public defender or his or her designee.

SB357,35,25 3. Six members, at least 2 of whom are not employed by any unit of federal, state or local government, appointed by the governor.

SB357,36,3 4. One majority party member and one minority party member from each house of the legislature, appointed as are the members of standing committees in their respective houses.

SB357,36,4 5. Two circuit judges, appointed by the supreme court.

SB357,36,6 6. One representative of crime victims and one district attorney, each appointed by the attorney general.

SB357,36,8 7. One attorney in private practice engaged primarily in the practice of criminal defense, appointed by the criminal law section of the State Bar of Wisconsin.

SB357,36,11 (b) Nonvoting members. The secretary of corrections or his or her designee, the chairperson of the parole commission or his or her designee and the director of state courts or his or her designee shall be nonvoting members of the commission.

SB357,36,13 (c) Terms. 1. Except as provided in subd. 2., members appointed under par. (a) 3. and 5. to 7. shall serve 3-year terms and are eligible for reappointment.

SB357,36,16 2. The term of a circuit judge appointed under par. (a) 5. shall end when such person ceases to be a circuit judge. The term of a district attorney appointed under par. (a) 6. shall end when such person ceases to be a district attorney.

SB357,36,19 (d) Officers. The governor shall designate annually one of the members of the commission as chairperson. The commission may elect officers other than a chairperson from among its members as its work requires.

SB357,37,2 (e) Reimbursement and compensation. Members of the commission shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. An officer or employe of the state shall be reimbursed by the agency that pays the member's salary. Members who are full-time state officers or employes shall receive no compensation for their services. Other members shall be paid $25 per day, in addition to their actual and necessary expenses, for each day on which they are actually and necessarily engaged in the performance of their duties.

SB357,37,3 (f) Sunset. This subsection does not apply after December 31, 2004.

SB357, s. 12 Section 12. 15.13 of the statutes is amended to read:

SB357,37,12 15.13 Department of agriculture, trade and consumer protection; creation. There is created a department of agriculture, trade and consumer protection under the direction and supervision of the board of agriculture, trade and consumer protection. The board shall consist of 7 members with an agricultural background and 2 members who are consumer representatives backgrounds in agriculture, appointed for staggered 6-year terms. Appointments to the board shall be made without regard to party affiliation, residence or interest in any special organized group.

SB357, s. 13 Section 13. 16.54 (11m) of the statutes, as created by 1999 Wisconsin Act 9, is repealed.

SB357, s. 14 Section 14. 18.13 (4g) of the statutes is created to read:

SB357,37,18 18.13 (4g) Public intervenor. Notwithstanding s. 165.075, the public intervenor does not have authority to initiate any action or proceeding concerning the issuance of obligations by the building commission under this chapter.

SB357, s. 15 Section 15. 19.42 (10) (o) of the statutes is created to read:

SB357,37,21 19.42 (10) (o) A member, the executive director or the deputy director of the sentencing commission.

SB357, s. 16 Section 16. 19.42 (13) (n) of the statutes is created to read:

SB357,37,24 19.42 (13) (n) The position of member, executive director or deputy director of the sentencing commission.

SB357, s. 17 Section 17. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB357, s. 18 Section 18. 20.115 (1) (hm) of the statutes is amended to read:

SB357,38,9 20.115 (1) (hm) Ozone-depleting refrigerants and products regulation. The amounts in the schedule for administration of the mobile air conditioner servicing and refrigerant recycling programs and for responsibilities under ss. s. 100.45 and 100.50 relating to sales and labeling of products containing or made with ozone-depleting substances. All moneys received from fees under s. 100.45 (5) (a) 3. and (5m) shall be credited to this appropriation.

SB357, s. 19 Section 19. 20.255 (2) (cu) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,38,14 20.255 (2) (cu) Achievement guarantee contracts. The amounts in the schedule for aid to school districts and the program evaluation under s. 118.43. No funds may be encumbered from this appropriation after June 30, 2005.

SB357, s. 20 Section 20. 20.370 (5) (bx) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,39,9 20.370 (5) (bx) Resource aids — national forest income aids. All moneys received from the U.S. government for allotments to school districts counties containing national forest lands, and designated for the benefit of public roads in such counties, shall be distributed in proportion to the national forest acreage in each school district county as certified by the U.S. forest service. Such distribution shall be made annually within 60 days after receipt of the money from the federal government.

SB357, s. 21 Section 21. 20.370 (6) (bu) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB357,39,22 20.370 (6) (bu) Financial assistance for responsible units. From the recycling fund, the amounts in the schedule a sum sufficient equal to $24,500,000 in fiscal year 1999-2000, and in fiscal year 2000-01 and each subsequent fiscal year a sum sufficient equal to the amount available under this paragraph in the previous fiscal year adjusted by a percentage that is equal to the percentage change between the U.S. consumer price index for all urban consumers, U.S. city average, for the 12-month period ending on June 30 of the previous fiscal year and the U.S. consumer price index for all urban consumers, U.S. city average, for the 12-month period ending on June 30 of the fiscal year before the previous fiscal year, as determined by the federal department of labor, rounded to the nearest multiple of $100, for grants to responsible units under s. 287.23.

SB357, s. 22 Section 22. 20.410 (3) (ce) of the statutes is created to read:

SB357,40,7 20.410 (3) (ce) Community youth and family aids; consumer price index adjustment. A sum sufficient in each fiscal year equal to 50% of the amounts allocated under s. 301.26 (7) (k) for the 2 calendar years relating to that fiscal year for the improvement and provision of juvenile delinquency-related services under s. 301.26 and for reimbursement to counties having a population of less than 500,000 for the cost of court attached intake services as provided in s. 938.06 (4). Disbursements may be made from this appropriation account under s. 301.085. Refunds received relating to payments made under s. 301.085 shall be credited to the appropriation account under par. (cd).

SB357, s. 23 Section 23. 20.410 (3) (cf) of the statutes is created to read:

SB357,40,19 20.410 (3) (cf) Community youth and family aids; federal funding loss adjustment. A sum sufficient in each fiscal year equal to the difference between $2,449,200 and the sum of the moneys received from the federal government in the current fiscal year and transferred to the appropriation account under par. (ko), if that sum is less than $2,449,200, rounded to the nearest $100, for the improvement and provision of juvenile delinquency-related services under s. 301.26 and for reimbursement to counties having a population of less than 500,000 for the cost of court attached intake services as provided in s. 938.06 (4). Disbursements may be made from this appropriation account under s. 301.085. Refunds received relating to payments made under s. 301.085 shall be credited to the appropriation account under par. (cd).

SB357, s. 24 Section 24. 20.435 (3) (fp) of the statutes is created to read:

SB357,40,22 20.435 (3) (fp) Food pantry grants. The amounts in the schedule for grants awarded under s. 46.766.

SB357, s. 25 Section 25. 20.435 (4) (bv) of the statutes is created to read:

SB357,40,25 20.435 (4) (bv) Prescription drug assistance for elderly; aids. A sum sufficient for the program for prescription drug assistance for elderly persons under s. 49.688.

SB357, s. 26 Section 26. 20.435 (4) (j) of the statutes is created to read:

SB357,41,4 20.435 (4) (j) Prescription drug assistance for elderly; manufacturer rebates. All moneys received from rebate payments by manufacturers under s. 49.688 (5), to be used for prescription drug assistance for elderly persons under s. 49.688.

SB357, s. 27 Section 27. 20.435 (7) (ba) of the statutes is created to read:

SB357,41,17 20.435 (7) (ba) Community aids; consumer price index adjustment. A sum sufficient in each fiscal year equal to 50% of the amounts allocated under s. 46.40 (2g) for the 2 calendar years relating to that fiscal year for human services under s. 46.40, for services provided by resource centers under s. 46.283 (5), for services under the family care benefit under s. 46.284 (5), for reimbursement to counties having a population of less than 500,000 for the cost of court attached intake services under s. 48.06 (4), for shelter care under ss. 48.58 and 938.22 and for foster care and treatment foster care under s. 49.19 (10). Social services disbursements under s. 46.03 (20) (b) may be made from this appropriation. Refunds received relating to payments made under s. 46.03 (20) (b) for the provision of services for which moneys are appropriated under this paragraph shall be credited to the appropriation under par. (b).

SB357, s. 28 Section 28. 20.435 (7) (bb) of the statutes is created to read:

SB357,42,7 20.435 (7) (bb) Community aids; federal funding loss adjustment. A sum sufficient in each fiscal year equal to the difference between $105,351,400 and the sum of the moneys received from the federal government in the current fiscal year and transferred or credited to the appropriation accounts under pars. (kw) and (o) and sub. (3) (o), if that sum is less than $105,351,400, rounded to the nearest $100, for human services under s. 46.40, for services provided by resource centers under s. 46.283 (5), for services under the family care benefit under s. 46.284 (5), for reimbursement to counties having a population of less than 500,000 for the cost of court attached intake services under s. 48.06 (4), for shelter care under ss. 48.58 and 938.22 and for foster care and treatment foster care under s. 49.19 (10). Social services disbursements under s. 46.03 (20) (b) may be made from this appropriation. Refunds received relating to payments made under s. 46.03 (20) (b) for the provision of services for which moneys are appropriated under this paragraph shall be credited to the appropriation under par. (b).

SB357, s. 29 Section 29. 20.455 (1) (hm) of the statutes is amended to read:

SB357,42,13 20.455 (1) (hm) Restitution. All moneys received by the department to provide restitution to victims when ordered by the court as the result of prosecutions under s. 49.49 and chs. 100, 133, 134, 281 to 285 and 289 to 299 and under a federal antitrust law for the purpose of providing restitution to victims of the violation when ordered by the court.

SB357, s. 30 Section 30. 20.455 (2) (r) of the statutes is amended to read:

SB357,42,19 20.455 (2) (r) Gaming law enforcement; lottery revenues. From the lottery fund, the amounts in the schedule for the performance of the department's gaming law enforcement responsibilities as specified in s. 165.70 (3m). No moneys may be encumbered or expended from this appropriation account during the 1999-2001 fiscal biennium.

SB357, s. 31 Section 31. 20.505 (4) (dr) of the statutes is created to read:

SB357,42,23 20.505 (4) (dr) Sentencing commission. The amounts in the schedule for the general program operations of the sentencing commission. No money may be encumbered from the appropriation under this paragraph after December 31, 2004.

SB357, s. 32 Section 32. 20.505 (4) (mr) of the statutes is created to read:

SB357,43,4 20.505 (4) (mr) Sentencing commission; federal aid. All moneys received as federal aid as authorized by the governor under s. 16.54 to carry out the purposes for which the aid is provided. No money may be encumbered from the appropriation under this paragraph after December 31, 2004.

SB357, s. 33 Section 33. 20.566 (2) (r) of the statutes, as affected by 1999 Wisconsin Act 5, is amended to read:

SB357,43,10 20.566 (2) (r) Lottery and gaming credit administration. From the lottery fund, the amounts in the schedule for the administration of the lottery and gaming credit. No moneys may be encumbered or expended from this appropriation account during the 1999-2001 fiscal year biennium.

SB357, s. 34 Section 34. 20.566 (8) (b) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,43,16 20.566 (8) (b) Retailer compensation. A sum sufficient to pay compensation to retailers under s. 565.10 (14) (b). No moneys may be encumbered or expended from this appropriation account after the day of publication of the 2000 2001-03 biennial budget act.

SB357, s. 35 Section 35. 20.566 (8) (c) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,43,22 20.566 (8) (c) Vendor fees. A sum sufficient to pay vendors for on-line and instant ticket services and supplies provided by the vendors under contract under s. 565.25 (2) (a). No moneys may be encumbered or expended from this appropriation account after the day of publication of the 2000 2001-03 biennial budget act.

SB357, s. 36 Section 36. 20.566 (8) (q) of the statutes, as affected by 1999 Wisconsin Act 5, is amended to read:

SB357,44,4 20.566 (8) (q) General program operations. From the lottery fund, the amounts in the schedule for general program operations under ch. 565. No moneys may be encumbered or expended from this appropriation account during the 1999-2001 fiscal biennium.

SB357, s. 37 Section 37. 20.566 (8) (r) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,44,10 20.566 (8) (r) Retailer compensation. From the lottery fund, a sum sufficient to pay compensation to retailers under s. 565.10 (14) (b). No moneys may be encumbered or expended from this appropriation account during 1999-00 the 1999-2001 fiscal biennium.

SB357, s. 38 Section 38. 20.566 (8) (v) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read: