Amendment JR2 SSA1-AB1

AB1-SSA1,342,16 (c) Adopt advisory sentencing guidelines for felonies committed on or after the effective date of this paragraph .... [revisor inserts date], to promote public safety, to reflect changes in sentencing practices and to preserve the integrity of the criminal justice and correctional systems.

AB1-SSA1,342,19 (d) Provide information to the legislature, state agencies, and the public regarding the costs to and other needs of the department which result from sentencing practices.

AB1-SSA1,342,20 (e) Provide information to judges and lawyers about the sentencing guidelines.

AB1-SSA1,342,24 (f) Publish and distribute to all circuit judges hearing criminal cases an annual report regarding its work, which shall include all sentencing guidelines and all changes in existing sentencing guidelines adopted during the 12 months preceding the report.

AB1-SSA1,343,3 (g) Study whether race is a basis for imposing sentences in criminal cases and submit a report and recommendations on this issue to the governor, to each house of the legislature under s. 13.172 (2), and to the supreme court.

AB1-SSA1,343,5 (h) Assist the legislature in assessing the cost of enacting new or revising existing statutes affecting criminal sentencing.

AB1-SSA1,343,11 (i) At least semiannually, submit reports to all circuit judges, and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), containing statistics regarding criminal sentences imposed in this state. Each report shall have a different focus and need not contain statistics regarding every crime. Each report shall contain information regarding sentences imposed statewide and in each of the following geographic areas:

AB1-SSA1,343,12 1. Milwaukee County.

AB1-SSA1,343,13 2. Dane and Rock counties.

AB1-SSA1,343,14 3. Brown, Outagamie, Calumet, and Winnebago counties.

AB1-SSA1,343,15 4. Racine and Kenosha counties.

AB1-SSA1,343,16 5. All other counties.

AB1-SSA1,343,17 (j) Study how sentencing options affect various types of offenders and offenses.

AB1-SSA1,343,19 (2) Staff. Subject to authorization under s. 16.505, the sentencing commission may hire staff to assist it in the performance of its duties.

AB1-SSA1,343,20 (3) Sunset. This section does not apply after December 31, 2007.

AB1-SSA1, s. 1145 Section 1145. 977.05 (4) (jm) of the statutes is created to read:

AB1-SSA1,344,2 977.05 (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.

AB1-SSA1, s. 1146 Section 1146. 977.06 (2) (b) of the statutes is amended to read:

AB1-SSA1,344,7 977.06 (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.

AB1-SSA1, s. 1147 Section 1147. 978.13 (1) (intro.) of the statutes is amended to read:

AB1-SSA1,344,10 978.13 (1) (intro.) The Subject to sub. (1m), the state shall assume financial responsibility for all of the following:

AB1-SSA1, s. 1148 Section 1148. 978.13 (1) (b) of the statutes is amended to read:

AB1-SSA1,344,19 978.13 (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 subsection 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) (i). The amount paid under this paragraph may not exceed $75,200 in the 1999-2000 fiscal year and $77,500 in the 2000-01 fiscal year.

AB1-SSA1, s. 1149 Section 1149. 978.13 (1) (c) of the statutes is amended to read:

AB1-SSA1,345,5 978.13 (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 subsection 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.

AB1-SSA1, s. 1150 Section 1150. 978.13 (1) (d) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1,345,15 978.13 (1) (d) 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 the unlawful possession or use of firearms. The state treasurer shall pay the amount authorized under this paragraph subsection to the county treasurer from the appropriation under s. 20.475 (1) (f) pursuant to a voucher submitted by the district attorney to the department of administration. The amount paid under this paragraph may not exceed the amount appropriated under s. 20.475 (1) (f).

AB1-SSA1, s. 1151 Section 1151. 978.13 (1m) of the statutes is created to read:

AB1-SSA1,345,19 978.13 (1m) The amount paid under sub. (1) (b) and (c) combined may not exceed the amount appropriated under s. 20.475 (1) (i). The amount paid under sub. (1) (d) may not exceed the amount appropriated under s. 20.475 (1) (f).

AB1-SSA1, s. 1157 Section 1157. 1997 Wisconsin Act 283, section 454 (1) (f) is amended to read:

AB1-SSA1,345,25 [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.

AB1-SSA1, s. 1158b Section 1158b. 1999 Wisconsin Act 113, section 32 (7) is repealed.

AB1-SSA1, s. 1160m Section 1160m. 2001 Wisconsin Act 16, section 9137 (6f) is amended to read:

AB1-SSA1,346,8 [2001 Wisconsin Act 16] Section 9137 (6f) Study on wild cranes. From the appropriation under section 20.370 (1) (kk) of the statutes, as created by this act, the department of natural resources shall provide in fiscal year 2001-02 a total of $20,000 $30,000 and in fiscal year 2002-03 a total of $30,000 to the University of Wisconsin System and the International Crane Foundation jointly for a study of crop damage caused in this state by wild cranes.

AB1-SSA1, s. 1160r Section 1160r. 2001 Wisconsin Act 16, section 9315 (1k) is amended to read:

AB1-SSA1,346,13 [2001 Wisconsin Act 16] Section 9315 (1k) Training and certification of chief inspectors. The treatment of sections 7.03 (1) (a), 7.15 (1) (e), 7.30 (1) and (6) (b), and 7.31 (2) of the statutes first applies with respect to elections held on September 1, 2002 2004.

AB1-SSA1, s. 9101 Section 9101. Nonstatutory provisions; administration.

AB1-SSA1,346,15 (1) Commission on local government.

AB1-SSA1,346,17 (a) There is created a special committee to be called the commission on local government, which shall consist of members appointed by the governor.

AB1-SSA1,346,19 (b) The governor shall appoint or determine the method of appointment of the officers of the commission and shall call the first meeting of the commission.

AB1-SSA1,346,21 (c) The department of administration shall provide necessary administrative support services to the commission.

AB1-SSA1,346,25 (d) The department of administration shall reimburse members of the commission for their actual and necessary expenses incurred in carrying out their functions from the appropriation under section 20.505 (4) (ba) of the statutes, within the budget of the committee authorized under section 16.40 (14) of the statutes.

AB1-SSA1,347,1 (e) The commission shall:

AB1-SSA1,347,4 1. Examine the organization, authority, and efficiency of local governments, the services provided by each type of local government, and the services required of local governments by the state.

AB1-SSA1,347,7 2. Review the relationship of local governments with the state, examine spending by local governments, and identify ways to increase efficiency in the delivery of local governmental services.

AB1-SSA1,347,11 (f) No later than February 1, 2003, the commission shall report its findings and recommendations to the governor, and to the legislature in the manner provided in section 13.172 (2) of the statutes. Upon submittal of its report, the commission ceases to exist.

AB1-SSA1,347,14 (2) Sentencing commission; initial terms. Notwithstanding section 15.105 (27) (c) 1. of the statutes, as created by this act, the initial members of the sentencing commission shall be appointed for the following terms:

AB1-SSA1,347,18 (a) Two members appointed under section 15.105 (27) (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 circuit judge, and one prosecutor, for terms expiring on January 1, 2004.

AB1-SSA1,347,21 (b) Three members appointed under section 15.105 (27) (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, 2005.

AB1-SSA1,347,24 (c) Two members appointed under section 15.105 (27) (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, 2006.

AB1-SSA1,348,4 (3) 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.

AB1-SSA1,348,9 (4) 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 changes made in the substance and structure of criminal penalties to be imposed under this act.

AB1-SSA1,348,10 (6v) Reallocation of certain appropriation reductions.

AB1-SSA1,348,12 (a) In this subsection, "state operations" means any purpose other than aids to individuals and organizations.

AB1-SSA1,348,18 (b) The secretary of administration may submit a request to the cochairpersons of the joint committee on finance to reallocate any portion of the appropriation reduction under Section 9201 (4v) of this act to one or more other appropriations to the department of administration for state operations made from general purpose revenue. If the committee approves such a request, the amounts in the schedule for the affected appropriations are adjusted to reflect the the approved reallocation.

AB1-SSA1,348,24 (6z) Housing grants and loans funding decrease. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purposes of the 2003-05 biennial budget bill, the department of administration shall submit information concerning the appropriation under section 20.505 (7) (b) of the statutes as though the decreases in that appropriation by Section 9201 (1) of this act had not been made.

AB1-SSA1,348,25 (7) Elimination of certain unfunded state agency positions.

AB1-SSA1,349,1 (a) In this subsection:

AB1-SSA1,349,2 1. "Secretary" means the secretary of administration.

AB1-SSA1,349,3 2. "State agency" has the meaning given in section 20.001 (1) of the statutes.

AB1-SSA1,349,8 (b) No later than September 30, 2002, the secretary shall determine the number of positions in each state agency that were not funded as a result of any reduction in state agency operations appropriations under 2001 Wisconsin Act 16 for the 2001-03 fiscal biennium and any reduction in such appropriations required under this act.

AB1-SSA1,349,19 (c) After making the determination under paragraph (b), the secretary shall notify the joint committee on finance in writing of the determination. If the cochairpersons of the committee do not notify the secretary within 14 working days after the date of the secretary's notification that the committee has scheduled a meeting to review the determination, the secretary shall reduce each state agency's authorized positions for the 2002-03 fiscal year by the number of unfunded positions for that state agency as determined under paragraph (b). If, within 14 working days after the date of the secretary's notification, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting to review the determination, the secretary may make the reductions in the authorized positions only upon approval of the committee.

AB1-SSA1,350,2 (7q) Sale of certain state-owned aircraft. In addition to the aircraft that are directed to be sold under 2001 Wisconsin Act 16, section 9101 (20j), the department of administration shall, no later than June 30, 2003, offer for sale 21 aircraft selected by the department that are owned by the state on the effective date of this subsection. The department of administration shall credit the proceeds of any sales to offset any liabilities created for the aircraft under section 20.903 (2) (b) of the statutes. The department of administration shall deposit any remaining proceeds of the sales in the general fund as general purpose revenue — earned.

AB1-SSA1,350,11 (8x) Funding for certain pay adjustments. Notwithstanding section 20.928 (1) of the statutes, during the 2001-03 fiscal biennium, no state agency, as defined in section 20.001 (1) of the statutes, may include in any certification to the department of administration under section 20.928 (1) of the statutes, and the department of administration may not include in any determination forwarded to the joint committee on finance under section 20.928 (2m) of the statutes, any sum to pay the cost of a pay adjustment for an employee in a position that is at the higher end of the pay scale for state employee positions, as determined by the department of administration.

AB1-SSA1,350,18 (8y) Funding for length-of-service payments. Notwithstanding section 20.928 (1) of the statutes, during the 2001-03 fiscal biennium, no state agency, as defined in section 20.001 (1) of the statutes, may include in any certification to the department of administration under section 20.928 (1) of the statutes, and the department of administration may not include in any determination forwarded to the joint committee on finance under section 20.928 (2m) of the statutes, any sum to pay the cost of a length-of-service payment for classified employees.

AB1-SSA1,350,19 (8z) Printed publications.

AB1-SSA1,350,20 (a) In this subsection:

AB1-SSA1,350,22 1. "Department" has the meaning given for "executive branch agency" in section 16.70 (4) of the statutes.

AB1-SSA1,350,24 2. "Federal revenues" has the meaning given in section 20.001 (2) (e) of the statutes.

AB1-SSA1,351,2 3. "General purpose revenues" has the meaning given in section 20.001 (2) (a) of the statutes.

AB1-SSA1,351,4 4. "Program revenues" has the meaning given in section 20.001 (2) (b) or (c) of the statutes.

AB1-SSA1,351,6 5. "Segregated fund revenues" has the meaning given in section 20.001 (2) (d) or (da) of the statutes.

AB1-SSA1,351,15 (b) Notwithstanding section 16.50 (1) of the statutes, the secretary of administration shall require submission of an expenditure estimate under section 16.50 (2) of the statutes for each department that proposes to expend moneys that are not encumbered on the effective date of this paragraph from any revenue source other than federal revenues for printing of any publication during the 2001-03 fiscal biennium that is not required to be printed by the constitution or by law. Notwithstanding section 16.50 (2) of the statutes, the secretary shall disapprove any such estimate for printing of a publication unless the secretary finds that printing of the publication is essential.

AB1-SSA1,352,5 (c) The secretary of administration shall, during the fiscal year for which an expenditure estimate is submitted under paragraph (b), lapse to the general fund the amount of any estimate disapproved under paragraph (b) for expenditure of moneys that are appropriated from any appropriation, other than a sum sufficient appropriation, made from general purpose revenues. The secretary shall, during the fiscal year for which an expenditure estimate is submitted under paragraph (b), transfer to the general fund the amount of any estimate disapproved under paragraph (b) for the expenditure of moneys that are appropriated from any appropriation, other than a sum sufficient appropriation, made from program revenues or segregated fund revenues. The secretary shall reestimate to subtract from the expenditure estimate published in the acts of 2001 under section 20.005 (3) of the statutes the amount of any estimate disapproved under paragraph (b) for expenditure of moneys that are appropriated from any sum sufficient appropriation. The secretary shall include any reestimate under this paragraph in his or her submission under section 20.004 (2) of the statutes.

AB1-SSA1,352,9 (d) If the secretary of administration disapproves an expenditure estimate for the printing of any publication under paragraph (b), the department submitting the estimate shall post the content of the publication that would have been printed on the Internet.

AB1-SSA1,352,12 (e) The secretary of administration shall submit a report to the cochairpersons of the joint committee on finance no later than July 1, 2002, identifying the amount and sources of any savings achieved as a result of implementation of this subsection.

AB1-SSA1, s. 9102 Section 9102. Nonstatutory provisions; adolescent pregnancy prevention and pregnancy services board.

AB1-SSA1, s. 9103 Section 9103. Nonstatutory provisions; aging and long-term care board.

AB1-SSA1, s. 9104 Section 9104. Nonstatutory provisions; agriculture, trade and consumer protection.

AB1-SSA1, s. 9105 Section 9105. Nonstatutory provisions; arts board.

AB1-SSA1, s. 9106 Section 9106. Nonstatutory provisions; boundary area commission, Minnesota-Wisconsin.

AB1-SSA1, s. 9107 Section 9107. Nonstatutory provisions; building commission.

AB1-SSA1,352,19 (1) Proceeds from the sale of certain state office buildings.

AB1-SSA1,353,4 (a) Notwithstanding section 13.48 (14) (c) of the statutes, if the building commission sells any or all of the state office buildings located at 123 West Washington Avenue, 121 East Wilson Street, and 149 East Wilson Street in the city of Madison, the commission shall deposit any net proceeds from the sale, after depositing any amount required to be deposited into the bond security and redemption fund, into the general fund.

AB1-SSA1,353,11 (b) If the building commission sells any state office building specified in paragraph (a) during the period beginning on July 1, 2001, and ending on the day before the effective date of this paragraph, and any portion of the proceeds of that sale is transferred to the appropriation account under section 20.865 (4) (a) of the statutes, the lesser of the amount transferred or any unencumbered balance in that account is transferred on the effective date of this paragraph from the appropriation account under section 20.865 (4) (a) of the statutes to the general fund.

AB1-SSA1,353,12 (c) This subsection does not apply after June 30, 2003.

AB1-SSA1, s. 9108 Section 9108. Nonstatutory provisions; child abuse and neglect prevention board.

AB1-SSA1, s. 9109 Section 9109. Nonstatutory provisions; circuit courts.

AB1-SSA1, s. 9110 Section 9110. Nonstatutory provisions; commerce.