JR2 AB1: Bill Text

AB1,380,9 978.13 (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, s. 1149 Section 1149. 978.13 (1) (c) of the statutes is amended to read:

AB1,380,20 978.13 (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, s. 1150 Section 1150. 978.13 (1) (d) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,381,5 978.13 (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, s. 1151 Section 1151. 978.13 (1m) of the statutes is created to read:

AB1,381,9 978.13 (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, s. 1152 Section 1152. 980.08 (4) of the statutes is amended to read:

AB1,382,6 980.08 (4) The court, without a jury, shall hear the petition within 30 days after the report of the court-appointed examiner is filed with the court, unless the petitioner waives this time limit. Expenses of proceedings under this subsection shall be paid as provided under s. 51.20 (18) (b), (c), and (d). The court shall grant the petition unless the state proves by clear and convincing evidence that the person is still a sexually violent person and that it is still substantially probable that the person will engage in acts of sexual violence if the person is not continued in institutional care. In making a decision under this subsection, the court may consider, without limitation because of enumeration, the nature and circumstances of the behavior that was the basis of the allegation in the petition under s. 980.02 (2) (a), the person's mental history and present mental condition, where the person will live, how the person will support himself or herself, and what arrangements are available to ensure that the person has access to and will participate in necessary treatment, including pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen if the person is a serious child sex offender. A decision under this subsection on a petition filed by a person who is a serious child sex offender may not be made based on the fact that the person is a proper subject for pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen or on the fact that the person is willing to participate in pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen.

AB1, s. 1153 Section 1153. 980.08 (5) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,383,16 980.08 (5) If the court finds that the person is appropriate for supervised release, the court shall notify the department. The department shall make its best effort to arrange for placement of the person in a residential facility or dwelling that is in the person's county of residence, as determined by the department under s. 980.105. The department and the county department under s. 51.42 in the county of residence of the person shall prepare a plan that identifies the treatment and services, if any, that the person will receive in the community. The plan shall address the person's need, if any, for supervision, counseling, medication, community support services, residential services, vocational services, and alcohol or other drug abuse treatment. In developing a plan for where the person may reside while on supervised release, the department shall consider the proximity of any potential placement to the residence of other persons on supervised release and to the residence of persons who are in the custody of the department of corrections and regarding whom a sex offender notification bulletin has been issued to law enforcement agencies under s. 301.46 (2m) (a) or (am). If the person is a serious child sex offender, the plan shall address the person's need for pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen. The department may contract with a county department, under s. 51.42 (3) (aw) 1. d., with another public agency, or with a private agency to provide the treatment and services identified in the plan. The plan shall specify who will be responsible for providing the treatment and services identified in the plan. The plan shall be presented to the court for its approval within 60 days after the court finding that the person is appropriate for supervised release, unless the department, county department, and person to be released request additional time to develop the plan. If the county department of the person's county of residence declines to prepare a plan, the department may arrange for another county to prepare the plan if that county agrees to prepare the plan and if the person will be living in that county. If the department is unable to arrange for another county to prepare a plan, the court shall designate a county department to prepare the plan, order the county department to prepare the plan, and place the person on supervised release in that county, except that the court may not so designate the county department in any county where there is a facility in which persons committed to institutional care under this chapter are placed unless that county is also the person's county of residence.

AB1, s. 1154 Section 1154. 980.12 (title) of the statutes is amended to read:

AB1,383,18 980.12 (title) Department duties; costs.

AB1, s. 1155 Section 1155. 980.12 (1) of the statutes is renumbered 980.12.

AB1, s. 1156 Section 1156. 980.12 (2) of the statutes is repealed.

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

AB1,384,2 [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.

AB1, s. 1158 Section 1158. 1999 Wisconsin Act 113, section 32 (7) is amended to read:

AB1,384,17 [1999 Wisconsin Act 113] Section 32 (7) Allocation of oil overcharge funds to energy programs. Notwithstanding section 14.065 of the statutes, the secretary of administration shall allocate all oil overcharge restitution funds exceeding $1,000,000 on the effective date of the amendment of this subsection by 2001 Wisconsin Act .... (this act) and all accruing interest earnings on those funds under section 20.505 (1) (md) of the statutes that are not approved for expenditure on the effective date of this subsection, for reduction of lead paint hazards in dwellings that is done to allow for and in conjunction with energy conservation activities in rental properties owned by persons who seek a certificate of lead-free status, as defined in section 254.11 (4g) of the statutes, as created by this act, or a certificate of lead-safe status, as defined in section 254.11 (4h) of the statutes, as created by this act. In awarding moneys under this subsection, the department of administration shall give priority to projects that emphasize comprehensive lead removal plans for rental properties.

AB1, s. 1159 Section 1159. 2001 Wisconsin Act 16, section 9101 (23r) (b) 1. is amended to read:

AB1,384,25 [2001 Wisconsin Act 16] Section 9101 (23r) (b) 1. During the 2001-02 and 2002-03 fiscal years, the secretary shall recommend lapses or transfers to the general fund, whichever is appropriate, from state operations appropriations made to state agencies from program revenue or segregated revenue that in total equal $18,800,000 in each year $17,710,900 in the 2001-02 fiscal year and $16,690,100 in the 2002-03 fiscal year.

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

AB1,385,2 (1) Commission on local government.

AB1,385,4 (a) There is created a special committee to be called the commission on local government, which shall consist of members appointed by the governor.

AB1,385,6 (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.

AB1,385,8 (c) The department of administration shall provide necessary administrative support services to the commission.

AB1,385,12 (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.

AB1,385,13 (e) The commission shall:

AB1,385,16 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.

AB1,385,19 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.

AB1,385,23 (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.

AB1,386,3 (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:

AB1,386,7 (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 district attorney, for terms expiring on January 1, 2004.

AB1,386,10 (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.

AB1,386,13 (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.

AB1,386,17 (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.

AB1,386,22 (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.

AB1,387,2 (5) Payments from permanent endowment fund relating to public debt. When amending the schedule under section 20.004 (2) of the statutes, the department of administration shall insert the amount of $200,000,000 as the estimated expenditure amount for the appropriation under section 20.855 (4) (rm) of the statutes, as created by this act, in the 2001-02 fiscal year.

AB1,387,3 (6) Position transfer.

AB1,387,5 (a) In this subsection, "executive branch agency" has the meaning given in section 16.70 (4) of the statutes.

AB1,387,18 (b) Notwithstanding section 16.505 (1) and (4) of the statutes, unless otherwise required by state or federal law, the secretary of administration may, prior to January 1, 2003, transfer to the office of the governor 1.0 FTE position authorized for any executive branch agency that is vacant on the date of the transfer and that was occupied by an employee in the unclassified service immediately prior to the date that the position was vacated for the purpose of filling the domestic security coordinator position authorized under section 14.21 of the statutes, as created by this act. The number of authorized full-time equivalent positions for the executive branch agency from which the transfer is made is decreased by 1.0 FTE position from the source or sources from which the position was funded on the date that the transfer is made. The number of authorized full-time equivalent positions for the office of the governor is increased by 1.0 FTE GPR position on the date that the transfer is made.

AB1,387,19 (7) Elimination of certain unfunded state agency positions.

AB1,387,20 (a) In this subsection:

AB1,387,21 1. "Secretary" means the secretary of administration.

AB1,387,22 2. "State agency" has the meaning given in section 20.001 (1) of the statutes.

AB1,388,2 (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.

AB1,388,13 (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, s. 9102 Section 9102. Nonstatutory provisions; adolescent pregnancy prevention and pregnancy services board.

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

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

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

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

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

AB1,388,20 (1) Proceeds from the sale of certain state office buildings.

AB1,389,6 (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.

AB1,389,13 (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.

AB1,389,14 (c) This subsection does not apply after June 30, 2003.

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

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

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

AB1, s. 9111 Section 9111. Nonstatutory provisions; corrections.

AB1,389,22 (1) Antiandrogen treatment. The authorized FTE positions for the department of corrections, funded from the appropriation under section 20.410 (1) (bm) of the statutes, are decreased by 1.0 GPR position for the pharmacological treatment program for child sex offenders.

AB1,390,14 (2) Emergency rules regarding fees from persons on probation, parole, or extended supervision. Using the procedure under section 227.24 of the statutes, the department of corrections shall promulgate the rules that are required under section 304.074 (5) of the statutes and that set rates under section 304.074 (2) of the statutes. The rules shall take effect on July 1, 2002, but may not remain effective for longer than the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 304.074 (2) of the statutes, the rules shall require the department to have a goal of receiving at least $2 per day, if appropriate, from each person who is on probation, parole, or extended supervision and who is not under administrative supervision, as defined in section 304.74 (1) (a) of the statutes, or minimum supervision, as defined in section 304.74 (1) (b) 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 subsection 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 subsection.

AB1,391,6 (3) Emergency rules regarding prisoner copayments for medical and dental care. Using the procedure under section 227.24 of the statutes, the department of corrections shall promulgate the rules that are required under section 302.386 (4) (a) of the statutes relating to the deductible, coinsurance, copayment, or similar charge that must be imposed under section 302.386 (3) (b) of the statutes. The rules shall take effect on July 1, 2002, but may not remain effective for longer than the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 302.386 (3) (b) of the statutes, the rules shall require the department to require that, subject to the exception and waiver provisions under section 302.386 (3) (c) of the statutes, each person to whom section 302.386 (1) of the statutes applies pay a deductible, coinsurance, copayment, or similar charge of at least $7.50 for each request that the person makes for medical or dental services. 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 subsection 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 subsection.

AB1, s. 9112 Section 9112. Nonstatutory provisions; court of appeals.

AB1, s. 9113 Section 9113. Nonstatutory provisions; district attorneys.

AB1, s. 9114 Section 9114. Nonstatutory provisions; educational communications board.

AB1, s. 9115 Section 9115. Nonstatutory provisions; elections board.

AB1, s. 9116 Section 9116. Nonstatutory provisions; employee trust funds.

AB1, s. 9117 Section 9117. Nonstatutory provisions; employment relations commission.

AB1, s. 9118 Section 9118. Nonstatutory provisions; employment relations department.

AB1, s. 9119 Section 9119. Nonstatutory provisions; ethics board.

AB1, s. 9120 Section 9120. Nonstatutory provisions; financial institutions.

AB1, s. 9121 Section 9121. Nonstatutory provisions; governor.

AB1, s. 9122 Section 9122. Nonstatutory provisions; Health and Educational Facilities Authority.

AB1, s. 9123 Section 9123. Nonstatutory provisions; health and family services.

AB1,392,2 (1) Energy costs. Of the moneys appropriated to the department of health and family services under section 20.435 (2) (f) of the statutes, $600,000 for fiscal year 2002-03 may be encumbered or expended only upon approval of the secretary of administration.

AB1, s. 9124 Section 9124. Nonstatutory provisions; higher educational aids board.

AB1, s. 9125 Section 9125. Nonstatutory provisions; historical society.

AB1, s. 9126 Section 9126. Nonstatutory provisions; Housing and Economic Development Authority.

AB1, s. 9127 Section 9127. Nonstatutory provisions; insurance.

AB1, s. 9128 Section 9128. Nonstatutory provisions; investment board.

AB1, s. 9129 Section 9129. Nonstatutory provisions; joint committee on finance.

AB1,392,14 (1) Department of public instruction general program operations. During the 2001-02 or 2002-03 fiscal year or both, the joint committee on finance may transfer all or part of the reduction to the appropriation to the department of public instruction under section 20.255 (1) (a) of the statutes made by this act to the appropriation under section 20.255 (1) (b) of the statutes without making any of the findings required under section 13.101 (4) of the statutes.

AB1, s. 9130 Section 9130. Nonstatutory provisions; judicial commission.

AB1, s. 9131 Section 9131. Nonstatutory provisions; justice.

AB1, s. 9132 Section 9132. Nonstatutory provisions; legislature.

AB1, s. 9133 Section 9133. Nonstatutory provisions; lieutenant governor.

AB1, s. 9134 Section 9134. Nonstatutory provisions; lower Wisconsin state riverway board.