SB357: Bill Text

SB357,281,17 4. Racine and Kenosha counties.

SB357,281,18 5. All other counties.

SB357,281,19 (j) Study how sentencing options affect various types of offenders and offenses.

SB357,281,21 (2) Staff. Subject to authorization under s. 16.505, the sentencing commission may hire staff to assist it in the performance of its duties.

SB357,281,22 (3) Sunset. This section does not apply after December 31, 2004.

SB357, s. 947 Section 947. 977.05 (4) (jm) of the statutes is created to read:

SB357,282,3 977.05 (4) (jm) At the request of an inmate determined by the state public defender to be indigent or upon referral of a court under s. 302.113 (9g) (j), represent the inmate in proceedings for modification of a bifurcated sentence under s. 302.113 (9g) before a program review committee and the sentencing court, if the state public defender determines the case should be pursued.

SB357, s. 948 Section 948. 977.06 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,282,9 977.06 (2) (b) A person who makes a false representation that he or she does not believe is true for purposes of qualifying for assignment of counsel shall 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 I felony.

SB357, s. 949 Section 949. 978.13 (1) (c) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,282,21 978.13 (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 $94,400 in the 1999-2000 fiscal year and $97,200 in the 2000-01 fiscal year.

SB357, s. 950 Section 950. 1997 Wisconsin Act 283, section 454 (1) (f) is amended to read:

SB357,283,2 [1997 Wisconsin Act 283] Section 454 (1) (f) No later than April 30, 1999, the The committee shall submit a report of its findings and recommendations to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor. The report shall include any proposed legislation that is necessary to implement the recommendations made by the committee in its report.

SB357, s. 951 Section 951. 1997 Wisconsin Act 283, section 454 (2) is amended to read:

SB357,283,9 [1997 Wisconsin Act 283] Section 454 (2) Attorney project position. The authorized FTE positions for the department of administration are increased by 1.0 GPR attorney project position, to be funded from the appropriation under section 20.505 (3) (c) of the statutes, for the purpose of providing legal services to the criminal penalties study committee established under subsection (1), for the period ending on April 30 , 1999 June 30, 2000.

SB357, s. 952 Section 952. 1999 Wisconsin Act 9, section 9443 (24e) is amended to read:

SB357,283,15 [1999 Wisconsin Act 9] Section 9443 (24e) Lottery Fund. The repeal and recreation of sections 25.75 (1) (b), 71.07 (3m) (b) 1. a. and (c) 3., 71.28 (2m) (b) 1. a. and (c) 3., 71.47 (2m) (b) 1. a. and (c) 3. and 79.10 (11) (b) of the statutes and the creation of section 25.75 (1) (c) 3. and (3) (b) and (e) of the statutes take effect on the effective date of the 2001 2001-03 budget act.

SB357, s. 9101 Section 9101. Nonstatutory provisions; administration.

SB357,283,17 (1) District attorney position reallocations.

SB357,283,21 (a) Increased allocations. Of the authorized FTE GPR assistant district attorney positions for the department of administration funded from the appropriation under section 20.475 (1) (d) of the statutes, the number of positions allocated to the prosecutorial unit of Taylor County is increased by 0.2 position.

SB357,283,25 (b) Decreased allocations. Of the authorized FTE GPR assistant district attorney positions for the department of administration funded from the appropriation under section 20.475 (1) (d) of the statutes, the number of positions allocated to the prosecutorial unit of Rusk County is decreased by 0.2 position.

SB357, s. 9104 Section 9104. Nonstatutory provisions; agriculture, trade and consumer protection.

SB357,284,5 (1) Board composition. Notwithstanding the length of term for members of the board of agriculture, trade and consumer protection under section 15.13, 1997 stats., the 2 members who are consumer representatives shall cease to hold office on July 1, 2000.

SB357,284,6 (2) Transfer of certain consumer protection functions.

SB357,284,17 (a) Assets and liabilities. On July 1, 2000, all assets and liabilities of the department of agriculture, trade and consumer protection that are primarily related to the consumer protection investigation and enforcement functions performed by the department of justice under chapters 100, 134, 136, 344, 704, 707 and 779, 1993 stats., or are primarily related to programs or functions transferred to the department of justice under this act, shall become the assets and liabilities of the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly determine these assets and liabilities and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the departments, the joint committee on finance shall decide the question.

SB357,285,2 (b) Employe transfers. On July 1, 2000, 16.8 FTE positions in the department of agriculture trade and consumer protection that are primarily related to the consumer protection investigation and enforcement functions performed by the department of justice under chapters 100, 134, 136, 344, 704, 707 and 779, 1993 stats., or are primarily related to programs or functions transferred to the department of justice this act, and the incumbents holding these positions, as determined by the ,joint committee on finance are transferred to the department of justice, to be funded from the appropriation under section 20.455 (1) (a) of the statutes.

SB357,285,8 (c) Employe status. Employes transferred under paragraph (b ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of justice that they enjoyed in the department of agriculture, trade and consumer protection 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.

SB357,285,19 (d) Supplies and equipment. On July 1, 2000, all tangible personal property, including records, of the department of agriculture, trade and consumer protection that are primarily related to the consumer protection investigation and enforcement functions performed by the department of justice under chapters 100, 134, 136, 344, 704, 707 and 779, 1993 stats., or are primarily related to programs or functions transferred to the department of justice under this act, are transferred to the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly identify the tangible personal property, including records, and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the departments, the joint committee on finance shall decide the question.

SB357,286,3 (e) Pending matters. On July 1, 2000, any matter pending with the department of agriculture, trade and consumer protection that is primarily related to the consumer protection investigation and enforcement functions performed by the department of justice under chapters 100, 134, 136, 344, 704, 707 and 779, 1993 stats., or are primarily related to programs or functions transferred to the department of justice under this act, are transferred to the department of justice. All materials submitted or actions taken by the department of agriculture, trade and consumer protection with respect to the pending matter are considered as having been submitted to or taken by the department of justice.

SB357,286,17 (f) Contracts. On July 1, 2000, all contracts entered into by the department of agriculture, trade and consumer protection or the department of justice that are primarily related to the consumer protection investigation and enforcement functions performed by the department of justice under chapters 100, 134, 136, 344, 704, 707 and 779, 1993 stats., or are primarily related to programs or functions transferred to the department of justice under this act, and that are in effect on the effective date of this paragraph, remain in effect and are transferred to the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly identify these contracts and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the departments, the joint committee on finance shall decide the question. The department of justice shall carry out the obligations under these contracts until the obligations are modified or rescinded by the department of justice to the extent allowed under the contract.

SB357,287,6 (g) Rules and orders. All rules promulgated by the department of agriculture, trade and consumer protection or by the department of justice that are in effect on the effective date of this paragraph and that are primarily related to the consumer protection investigation and enforcement functions performed by the department of justice under chapter 344, 1993 stats., or are primarily related to programs or functions transferred to the department of justice under this act, remain in effect until their specified expiration date or until amended or repealed by the department of justice. All orders issued by the department of agriculture, trade and consumer protection or by the department of justice that are in effect on the effective date of this paragraph and that are primarily related to the consumer protection investigation and enforcement functions performed by the department of justice under chapter 344, 1993 stats., or are primarily related to programs or functions transferred to the department of justice under this act, remain in effect until their specified expiration date or until modified or rescinded by the department of justice.

SB357, s. 9107 Section 9107. Nonstatutory provisions; building commission.

SB357,287,14 (1) 1999-2001 State building program additions. In 1999 Wisconsin Act 9, section 9107 (1), the following project is added to the 1999-2001 state building program and the appropriate totals are increased by the amounts shown: - See PDF for table

SB357,287,21 (2) 1999-2001 State building program additions. In 1999 Wisconsin Act 9, section 9107 (1), the following project is added to the 1999-2001 state building program and the appropriate totals are increased by the amounts shown: - See PDF for table

SB357,288,1 (3) 1999-2001 State building program additions. In 1999 Wisconsin Act 9, section 9107 (1), the following new paragraph is created to add the following new project to the 1999-2001 state building program and the appropriate totals are increased by the amounts shown: - See PDF for table

SB357, s. 9111 Section 9111. Nonstatutory provisions; corrections.

SB357,288,9 (1) Initial implementation of caseload reduction requirements. The department of corrections shall develop a plan to implement section 301.03 (3a) of the statutes, as created by this act, which it shall submit to the joint committee on finance no later than May 1, 2000. No later than July 1, 2000, the department shall begin reducing caseloads for probation, extended supervision and parole agents in Brown, Dane, Kenosha, Milwaukee, Racine and Rock counties who supervise more than 20 persons on probation, extended supervision or parole.

SB357, s. 9123 Section 9123. Nonstatutory provisions; health and family services.

SB357,289,15 (1) Prescription drug assistance for elderly persons; administration. The department of health and family services may request the joint committee on finance to supplement, from the appropriation account under section 20.865 (4) (a) of the statutes, the appropriation account under section 20.435 (4) (a) of the statutes, to pay the costs of staffing and administration of the program of prescription drug assistance for elderly persons under section 49.688 of the statutes, as created by this act. If the department of health and family services requests supplementation of the appropriation account under section 20.435 (4) (a) of the statutes, the department shall submit a plan to the joint committee on finance to expend not more than $1,000,000 for fiscal year 1999-2000. The plan shall be based on a review by the department of health and family services of the pharmacy assistance programs of other states and the feasibility of contracting with the medical assistance fiscal agent for this state to administer the program under section 49.688 of the statutes, as created by this act. If the cochairpersons of the committee do not notify the secretary of the department within 14 working days after the date of the department's submittal that the committee intends to schedule a meeting to review the request, the appropriation account shall be supplemented as provided in the request. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the secretary of the department that the committee intends to schedule a meeting to review the request, the appropriation account shall be supplemented only as approved by the committee. Notwithstanding section 13.101 (3) (a) 1. of the statutes, the committee is not required to find that an emergency exists.

SB357,289,22 (2) Food pantry grant rules. Not later than the first day of the 6th month beginning after the effective date of this subsection, the department of health and family services shall promulgate any rules necessary to implement the grant program under section 46.766 of the statutes, as created by this act. Prior to promulgating the rules, however, the department of health and family services shall convene a committee to advise the department regarding the department's proposed rules. The committee shall be composed of all of the following:

SB357,289,23 (a) One representative of an emergency food provider.

SB357,289,24 (b) One representative of a food bank.

SB357,289,25 (c) One representative of a community action agency.

SB357,290,1 (d) One representative of a faith-based social services organization.

SB357,290,3 (e) One representative of the University of Wisconsin-Extension with experience in hunger prevention policies.

SB357,290,5 (f) Two other persons with experience in hunger prevention and emergency food distribution.

SB357, s. 9130 Section 9130. Nonstatutory provisions; justice.

SB357,290,7 (1) Transfer of public intervenor effects.

SB357,290,12 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of natural resources that on October 1, 1997, were primarily related to the functions of the public intervenor, as determined by the secretary of administration, shall become the assets and liabilities of the department of justice.

SB357,290,17 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of natural resources that on October 1, 1997, was primarily related to the functions of the public intervenor, as determined by the secretary of administration, is transferred to the department of justice.

SB357,290,23 (c) Contracts. All contracts entered into by the department of natural resources in effect on the effective date of this paragraph that are primarily related to the functions of the public intervenor, as determined by the secretary of administration, remain in effect and are transferred to the department of justice. The department of justice shall carry out any such contractual obligations unless modified or rescinded by the department of justice to the extent allowed under the contract.

SB357,291,7 (d) Rules and orders. All rules promulgated by the department of natural resources in effect on the effective date of this paragraph that are primarily related to the functions of the public intervenor, as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of justice. All orders issued by the department of natural resources in effect on the effective date of this paragraph that are primarily related to the functions of the public intervenor, as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of justice.

SB357,291,13 (e) Pending matters. Any matter pending with the department of natural resources on the effective date of this paragraph that is primarily related to the functions of the public intervenor, as determined by the secretary of administration, is transferred to the department of justice and all materials submitted to or actions taken by the department of natural resources with respect to the pending matter are considered as having been submitted to or taken by the department of justice.

SB357, s. 9139 Section 9139. Nonstatutory provisions; public instruction.

SB357,291,21 (1) Funding for achievement guarantee contract program. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purpose of the 2003-05 biennial budget bill, the department of public instruction shall submit information concerning the appropriation under section 20.255 (2) (cu) of the statutes, as affected by this act, as though the amount of that appropriation in fiscal year 2002-03 had been increased by the amount appropriated under section 20.255 (2) (cv) of the statutes in fiscal year 2002-03.

SB357, s. 9158 Section 9158. Nonstatutory provisions; other.

SB357,291,25 (1) Sentencing commission; initial terms. Notwithstanding section 15.105 (26) (c) 1. of the statutes, as created by this act, the initial members of the sentencing commission shall be appointed for the following terms:

SB357,292,3 (a) Two members appointed under section 15.105 (26) (a) 3. of the statutes, as created by this act, one of whom is not employed by any unit of federal, state or local government and one circuit judge, for terms expiring on January 1, 2001.

SB357,292,7 (b) Two members appointed under section 15.105 (26) (a) 3. of the statutes, as created by this act, one of whom is not employed by any unit of federal, state or local government, one district attorney and one circuit judge, for terms expiring on January 1, 2002.

SB357,292,10 (c) Two members appointed under section 15.105 (26) (a) 3. of the statutes, as created by this act, one representative of crime victims and one attorney in private practice, for terms expiring on January 1, 2003.

SB357,292,14 (2) Sentencing commision; position authorization. There is authorized for the sentencing commission 1.0 FTE GPR executive director position, 1.0 FTE GPR deputy director position and 4.0 FTE GPR other positions to be funded from the appropriation under section 20.505 (4) (dr) of the statutes, as created by this act.

SB357,292,18 (3) Criminal penalties study committee. Until the members of the sentencing commission created under section 973.30 of the statutes, as created by this act, are appointed, the criminal penalties study committee shall provide information to lawyers, judges, the legislature and the public regarding this act.

SB357,292,24 (4) Copies of the master settlement agreement. The department of administration shall provide a copy of the master settlement agreement to each public library system, as defined in section 43.01 (5) of the statutes. "Master settlement agreement" means the settlement agreement and related documents entered into on November 23, 1998, by this state and the leading U.S. tobacco product manufacturers.

SB357,293,6 (5) Administrative register. The revisor of statutes shall, within 60 days after the effective date of this subsection, publish a copy of the master settlement agreement in the Wisconsin Administrative Register. "Master settlement agreement" means the settlement agreement and related documents entered into on November 23, 1998, by this state and the leading U.S. tobacco product manufacturers.

SB357,293,7 (6) Excise tax paid on cigarettes; rules.

SB357,293,12 (a) Using the procedure under section 227.24 of the statutes, the department of revenue shall submit in proposed form the rules required under section 895.10 (4) of the statutes, as created by this act, to the legislative council under section 227.15 (1) of the statutes no later than the first day of the 4th month beginning after the effective date of this paragraph.

SB357,293,21 (b) Using the procedure under section 227.24 of the statutes, the department of revenue may promulgate rules required under section 895.10 (4) of the statutes, as created by this act, for the period before the effective date of the rules submitted under paragraph (a), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

SB357, s. 9201 Section 9201. Appropriation changes; administration.

SB357,294,12 (1) Additional assistant district attorney positions. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of administration under section 20.475 (1) (d) of the statutes, as affected by the acts of 1999, the dollar amount is increased by $998,100 for fiscal year 2000-01 to increase the authorized FTE positions for the department of administration by 20.75 GPR positions on July 1, 2000, for assistant district attorney positions as follows: 0.25 position for Adams County; 1.0 position for Burnett County; 0.25 position for Chippewa County; 0.5 position for Columbia County; 2.5 positions for Dane County; 0.25 position for Jefferson County; 0.5 position for Kenosha County; 0.5 position for LaCrosse County; 1.0 position for Manitowoc County; 1.0 position for Marathon County; 7.0 positions for Milwaukee County; 0.5 position for Oneida County; 0.5 position for Outagamie County; 1.0 position for Polk County; 0.5 position for Portage County; 0.75 position for Rock County; 1.0 position for Sauk County, to serve Marquette and Sauk counties; 0.5 position for Sheboygan County; and 1.25 positions for Winnebago County.

SB357,294,17 (2) Criminal penalties study committee. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of administration under section 20.505 (3) (c) of the statutes, as affected by the acts of 1999, the dollar amount is increased by $112,500 for fiscal year 1999-00 to fund the activities of the criminal penalties study committee created under 1997 Wisconsin Act 283, section 454 (1).

SB357, s. 9204 Section 9204. Appropriation changes; agriculture, trade and consumer protection.

SB357,294,24 (1) Transfer of certain consumer protection functions. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of agriculture, trade and consumer protection under section 20.115 (1) (a) of the statutes, as affected by the acts of 1999, the dollar amount is decreased by $953,200 for fiscal year 2000-01 to decrease funding for the purpose for which the appropriation is made.

SB357, s. 9223 Section 9223. Appropriation changes; health and family services.

SB357,295,7 (1) Badger care health care program. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (4) (bc) of the statutes, as affected by the acts of 1999, the dollar amount is increased by $1,658,200 for fiscal year 1999-00 and the dollar amount is increased by $11,589,000 for fiscal year 2000-01 for the badger care health care program.

SB357, s. 9228 Section 9228. Appropriation changes; joint committee on finance.

SB357,295,15 (1) Prescription drug assistance for elderly; administration. In the schedule under section 20.005 (3) of the statutes for the appropriation to the joint committee on finance under section 20.865 (4) (a) of the statutes, as affected by the acts of 1999, the dollar amount is increased by $1,000,000 for fiscal year 1999-00 and the dollar amount is increased by $1,000,000 for fiscal year 2000-01 to increase funding for administration of the prescription drug assistance for elderly program under section 49.688 of the statutes, as created by this act.

SB357, s. 9230 Section 9230. Appropriation changes; justice.

SB357,295,20 (1) Gaming law enforcement. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of justice under section 20.455 (2) (fm) of the statutes, as affected by the acts of 1999, the dollar amount is increased by $226,700 for fiscal year 2000-01 for gaming law enforcement activities.

SB357,296,2 (2) Public intervenor. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of justice under section 20.455 (1) (a) of the statutes, as affected by the acts of 1999, the dollar amount is increased by $241,400 for fiscal year 2000-01 to increase the authorized FTE positions for the department by 2.0 GPR attorney positions on the effective date of this subsection for the purposes of the public intervenor.

SB357,296,7 (3) Transfer of certain consumer protection functions. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of justice under section 20.455 (1) (a) of the statutes, as affected by the acts of 1999, the dollar amount is increased by $953,200 for fiscal year 2000-01 to increase funding for the purpose for which the appropriation is made.

SB357, s. 9243 Section 9243. Appropriation changes; revenue.

SB357,296,13 (1) General program operations of the lottery. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of revenue under section 20.566 (8) (a) of the statutes, as affected by the acts of 1999, the dollar amount is increased by $21,095,800 for fiscal year 2000-01 for conducting general program operations of the lottery.

SB357,296,18 (2) Lottery and gaming credit administration. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of revenue under section 20.566 (2) (am) of the statutes, as affected by the acts of 1999, the dollar amount is increased by $152,900 for fiscal year 2000-01 to administer the lottery and gaming credit.

SB357, s. 9311 Section 9311. Initial applicability; corrections.

SB357,296,24 (1) Youth aids. The treatment of sections 20.410 (3) (ce) and (cf), 46.215 (2) (c) 3., 46.22 (1) (e) 3. c., 49.45 (6m) (br) 1. (with respect to the appropriation accounts under section 20.410 (3) (ce) and (cf) of the statutes, as created by this act) and 301.26 (3) (c), (4) (a), (6) (a), (7) (a) (intro.) and (k), (7m) and (8) of the statutes first applies to payments made by the department of corrections on January 1, 2001.

SB357, s. 9323 Section 9323. Initial applicability; health and family services.

SB357,297,1 (1) Community aids.

SB357,297,7 (a) The treatment of sections 20.435 (7) (ba) and (bb), 46.034 (3), 46.215 (2) (c) 1., 46.22 (1) (am) and (e) 3. a., 46.27 (11) (c) 3., 46.283 (5), 46.284 (5) (a), 46.40 (1) (a), (2), (2g), (3) and (7m), 46.45 (3) (a) and (6), 46.495 (1) (am), (d) and (dc) and 51.423 (1), (2), (4) and (9) of the statutes and the amendment of section 46.45 (2) (a) of the statute first apply to payments made by the department of health and family services on January 1, 2001.

SB357,297,9 (b) The repeal and recreation of section 46.45 (2) (a) of the statutes first applies to payments made by the department of health and family services on July 1, 2001.