Amendment ASA1-AB100

AB100-ASA1, s. 2472 Section 2472. 973.05 (2m) of the statutes is amended to read:

AB100-ASA1,920,11 973.05 (2m) Payments under this section shall be applied first to payment of the penalty surcharge until paid in full, shall then be applied to the payment of the jail surcharge until paid in full, shall then be applied to the payment of part A of the crime victim and witness assistance surcharge until paid in full, shall then be applied to part B of the crime victim and witness assistance surcharge until paid in full, shall then be applied to the crime laboratories and drug law enforcement surcharge until paid in full, shall then be applied to the deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to the drug abuse program improvement surcharge until paid in full, shall then be applied to the drug offender diversion surcharge until paid in full, shall then be applied to payment of the driver improvement surcharge until paid in full, shall then be applied to the truck driver education surcharge if applicable until paid in full, shall then be applied to payment of the domestic abuse surcharge until paid in full, shall then be applied to payment of the consumer protection surcharge until paid in full, shall then be applied to payment of the natural resources surcharge if applicable until paid in full, shall then be applied to payment of the natural resources restitution surcharge until paid in full, shall then be applied to the payment of the environmental surcharge if applicable until paid in full, shall then be applied to the payment of the wild animal protection surcharge if applicable until paid in full, shall then be applied to payment of the weapons surcharge until paid in full, shall then be applied to payment of the uninsured employer surcharge until paid in full, shall then be applied to payment of the enforcement surcharge under s. 253.06 (4) (c), if applicable, until paid in full, and shall then be applied to payment of the fine and the costs and fees imposed under ch. 814.

AB100-ASA1, s. 2473 Section 2473. 973.09 (1) (a) of the statutes is amended to read:

AB100-ASA1,920,21 973.09 (1) (a) Except as provided in par. (c) or if probation is prohibited for a particular offense by statute, if a person is convicted of a crime, the court, by order, may withhold sentence or impose sentence under s. 973.15 and stay its execution, and in either case place the person on probation to the department for a stated period, stating in the order the reasons therefor. The court may impose any conditions which appear to be reasonable and appropriate. The period of probation may be made consecutive to a sentence on a different charge, whether imposed at the same time or previously. If the court imposes an increased a term of probation, as authorized under sub. (2) (a) 1. or 2. or (b) 2., it shall place its reasons for doing so on the record.

AB100-ASA1, s. 2473e Section 2473e. 973.09 (2) (a) 1. of the statutes is renumbered 973.09 (2) (a) 1. (intro.) and amended to read:

AB100-ASA1,920,25 973.09 (2) (a) 1. Except as provided in subd. 2., for any of the following misdemeanors, not less than 6 months nor more than 2 years.:

AB100-ASA1, s. 2474d Section 2474d. 973.09 (2) (a) 1. a. of the statutes is created to read:

AB100-ASA1,921,3 973.09 (2) (a) 1. a. A misdemeanor that the defendant committed while possessing a firearm.

AB100-ASA1, s. 2474g Section 2474g. 973.09 (2) (a) 1. b. of the statutes is created to read:

AB100-ASA1,921,6 973.09 (2) (a) 1. b. A misdemeanor that was an act of domestic abuse, as defined in s. 968.075 (1) (a).

AB100-ASA1, s. 2474j Section 2474j. 973.09 (2) (a) 1. c. of the statutes is created to read:

AB100-ASA1,921,8 973.09 (2) (a) 1. c. A misdemeanor under s. 940.225 (3m) or ch. 948.

AB100-ASA1, s. 2474m Section 2474m. 973.09 (2) (a) 1. d. of the statutes is created to read:

AB100-ASA1,921,12 973.09 (2) (a) 1. d. A misdemeanor under s. 23.33 (4c) or (4p) (e), 30.681, 30.684 (5), 350.101, 350.104 (5), or 350.17 or a misdemeanor under s. 346.63 to which s. 973.09 (1) (d) applies.

AB100-ASA1, s. 2475b Section 2475b. 973.09 (2) (a) 1m. of the statutes is created to read:

AB100-ASA1,921,15 973.09 (2) (a) 1m. Except as provided in subd. 2., for Class A misdemeanors not covered by subd. 1., not less than 6 months nor more than one year.

AB100-ASA1, s. 2475d Section 2475d. 973.09 (2) (a) 1r. of the statutes is created to read:

AB100-ASA1,921,18 973.09 (2) (a) 1r. Except as provided in subd. 2., for misdemeanors not covered by subd. 1. or 1m., not more than one year.

AB100-ASA1, s. 2475g Section 2475g. 973.155 (1) (b) of the statutes is amended to read:

AB100-ASA1,921,24 973.155 (1) (b) The categories in par. (a) and sub. (1m) include custody of the convicted offender which is in whole or in part the result of a probation, extended supervision or parole hold under s. 302.113 (8m), 302.114 (8m), 304.06 (3), or 973.10 (2) placed upon the person for the same course of conduct as that resulting in the new conviction.

AB100-ASA1, s. 2475m Section 2475m. 973.155 (1m) of the statutes is created to read:

AB100-ASA1,922,5 973.155 (1m) A convicted offender shall be given credit toward the service of his or her sentence for all days spent in custody as part of a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c), as determined by the office of justice assistance under s. 16.964 (12) (i) for any offense arising out of the course of conduct that led to the person's placement in that program.

AB100-ASA1, s. 2475r Section 2475r. 973.155 (3) of the statutes is amended to read:

AB100-ASA1,922,9 973.155 (3) The credit provided in sub. (1) or (1m) shall be computed as if the convicted offender had served such time in the institution to which he or she has been sentenced.

AB100-ASA1, s. 2479 Section 2479. 978.03 (3) of the statutes is amended to read:

AB100-ASA1,922,16 978.03 (3) Any assistant district attorney under sub. (1), (1m), or (2) must be an attorney admitted to practice law in this state and, except as provided in ss. s. 978.043 and 978.044, may perform any duty required by law to be performed by the district attorney. The district attorney of the prosecutorial unit under sub. (1), (1m), or (2) may appoint such temporary counsel as may be authorized by the department of administration.

AB100-ASA1, s. 2481 Section 2481. 978.044 of the statutes is repealed.

AB100-ASA1, s. 2484 Section 2484. 978.05 (4m) of the statutes is amended to read:

AB100-ASA1,922,21 978.05 (4m) Welfare fraud investigations. Cooperate with the department departments of workforce development and health and family services regarding the fraud investigation program programs under s. ss. 49.197 (1m) and 49.845 (1).

AB100-ASA1, s. 2485 Section 2485. 978.05 (8) (b) of the statutes is amended to read:

AB100-ASA1,923,7 978.05 (8) (b) Hire, employ, and supervise his or her staff and, subject to ss. s. 978.043 and 978.044, make appropriate assignments of the staff throughout the prosecutorial unit. The district attorney may request the assistance of district attorneys, deputy district attorneys, or assistant district attorneys from other prosecutorial units or assistant attorneys general who then may appear and assist in the investigation and prosecution of any matter for which a district attorney is responsible under this chapter in like manner as assistants in the prosecutorial unit and with the same authority as the district attorney in the unit in which the action is brought. Nothing in this paragraph limits the authority of counties to regulate the hiring, employment, and supervision of county employees.

AB100-ASA1, s. 2490 Section 2490. 978.13 (1) (d) of the statutes is amended to read:

AB100-ASA1,923,15 978.13 (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 secretary of administration shall pay the amount authorized under this subsection to the county treasurer from the appropriation under s. 20.475 (1) (f) or (i) pursuant to a voucher submitted by the district attorney to the department of administration.

AB100-ASA1, s. 2491 Section 2491. 978.13 (1m) of the statutes is amended to read:

AB100-ASA1,923,18 978.13 (1m) The amount paid under sub. (1) (b), (c), and (d) combined may not exceed the amount appropriated under s. 20.475 (1) (f) and (i) combined.

AB100-ASA1, s. 2493 Section 2493. 1997 Wisconsin Act 27, section 9456 (3m) (a), as last affected by 2003 Wisconsin Act 48, is repealed.

AB100-ASA1, s. 2494 Section 2494. 1999 Wisconsin Act 9, section 9401 (2zt), as last affected by 2003 Wisconsin Act 33, is repealed.

AB100-ASA1, s. 2495 Section 2495. 1999 Wisconsin Act 9, section 9401 (2zu), as last affected by 2003 Wisconsin Act 33, is repealed.

AB100-ASA1, s. 2496 Section 2496. 2001 Wisconsin Act 74, section 23 (5) is repealed.

AB100-ASA1, s. 2496g Section 2496g. 2003 Wisconsin Act 33, section 9106 (1) (g) 2. is amended to read:

AB100-ASA1,924,5 [2003 Wisconsin Act 33] Section 9106 (1) - See PDF for table

AB100-ASA1, s. 2496r Section 2496r. 2003 Wisconsin Act 33, section 9106 (1) (g) 5. is repealed.

AB100-ASA1, s. 2498 Section 2498. 2003 Wisconsin Act 318, section 3 is repealed.

AB100-ASA1, s. 2499 Section 2499. 2003 Wisconsin Act 318, section 4 is repealed.

AB100-ASA1, s. 2500 Section 2500. 2003 Wisconsin Act 318, section 6 is repealed.

AB100-ASA1, s. 2501 Section 2501. 2003 Wisconsin Act 318, section 11 is repealed.

AB100-ASA1, s. 2502 Section 2502. 2003 Wisconsin Act 318, section 13 is repealed.

AB100-ASA1, s. 2503 Section 2503. 2003 Wisconsin Act 318, section 14 is repealed.

AB100-ASA1, s. 2504 Section 2504. 2003 Wisconsin Act 318, section 15 is repealed.

AB100-ASA1, s. 2505 Section 2505. 2003 Wisconsin Act 318, section 17 is repealed.

AB100-ASA1, s. 2506 Section 2506. 2003 Wisconsin Act 318, section 18 is repealed.

AB100-ASA1, s. 2507 Section 2507. 2003 Wisconsin Act 318, section 20 is repealed.

AB100-ASA1, s. 2508 Section 2508. 2003 Wisconsin Act 318, section 22 is repealed.

AB100-ASA1, s. 2509 Section 2509. 2003 Wisconsin Act 318, section 25 (3) is renumbered 49.45 (6tw) of the statutes and amended to read:

AB100-ASA1,926,16 49.45 (6tw) Payments to city health departments. From the appropriation account under section s. 20.435 (7) (b) of the statutes, as affected by this act, in state fiscal year 2004-05, the department of health and family services may make payments to local health departments, as defined under s. 250.02 (4) (a) 3. of the statutes. Payment under this subsection to such a local health department may not exceed on an annualized basis payment made by the department of health and family services to the local health department under section s. 49.45 (6t) of the statutes, 2003 stats., for services provided by the local health department in 2002.

AB100-ASA1, s. 2510 Section 2510. 2003 Wisconsin Act 318, section 27 is repealed.

AB100-ASA1, s. 9101 Section 9101. Nonstatutory provisions; administration.

AB100-ASA1,926,19 (4) Sale of certain state property.

AB100-ASA1,926,22 (a) 1. No later than July 1, 2006, the secretary of administration shall review all holdings of state-owned real property for potential sale, except as provided in subdivision 2.

AB100-ASA1,926,25 2. Subdivision 1. does not apply to any property, facility, or institution the closure or sale of which is not authorized under section 16.848 of the statutes, as created by this act.

AB100-ASA1,927,9 (b) No later than October 1, 2006, the secretary of administration shall submit a report to the secretary of the building commission containing an inventory of his or her recommendations to offer specified state properties for sale under section 16.848 of the statutes, as created by this act, and the reasons therefor. A property may be included in the inventory with or without approval of the state agency having jurisdiction of the property. If, on or before June 30, 2007, the building commission votes to approve the sale of any property included in the inventory, the department of administration may offer the property for sale under section 16.848 of the statutes, as created by this act.

AB100-ASA1,927,10 (c) This subsection does not apply after June 30, 2007.

AB100-ASA1,927,14 (6) Study of physician information database. By March 1, 2006, the department of health and family services shall study and make recommendations to the joint committee on finance concerning the feasibility of creating a centralized physician information database, including through a joint public and private effort.

AB100-ASA1,927,18 (7q) Report on health care information. By November 30, 2005, the department of health and family services shall report to the joint legislative audit committee and the joint committee on finance concerning the status of implementing section 153.05 (14) of the statutes, as created by this act.

AB100-ASA1,927,19 (9k) Youth diversion program transfer.

AB100-ASA1,927,24 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration that are primarily related to the youth diversion from gang activities program under section 16.964 (8), 2003 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of corrections.

AB100-ASA1,928,5 (b) Positions and employees. On the effective date of this paragraph, all positions and all incumbent employees holding those positions in the department of administration performing duties that are primarily related to the youth division from gang activities program under section 16.964 (8), 2003 stats., as determined by the secretary of administration, are transferred to the department of corrections.

AB100-ASA1,928,11 (c) Employee status. Employees transferred under paragraph (h) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of corrections that they enjoyed in the department of administration immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB100-ASA1,928,16 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration that is primarily related to the youth diversion from gang activities program under section 16.964 (8), 2003 stats., as determined by the secretary of administration, is transferred to the department of corrections.

AB100-ASA1,928,23 (e) Pending matters. Any matter pending with the department of administration on the effective date of this paragraph that is primarily related to the youth diversion from gang activities program under section 16.964 (8), 2003 stats., as determined by the secretary of administration, is transferred to the department of corrections. All materials submitted to or actions taken by the department of administration with respect to the pending matter are considered as having been submitted to or taken by the department of corrections.

AB100-ASA1,929,5 (f) Contracts. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to the youth diversion from gang activities program under section 16.964 (8), 2003 stats., as determined by the secretary of administration, remain in effect and are transferred to the department of corrections. The department of corrections shall carry out any obligations under those contracts unless modified or rescinded by the department of corrections to the extent allowed under the contract.

AB100-ASA1,929,14 (g) Rules and orders. All rules promulgated by the department of administration in effect on the effective date of this paragraph that are primarily related to the youth diversion from gang activities program under section 16.964 (8), 2003 stats., remain in effect until their specified expiration dates or until amended or repealed by the department of corrections. All orders issued by the department of administration in effect on the effective date of this paragraph that are primarily related to the youth diversion from gang activities program under section 16.964 (8), 2003 stats., remain in effect until their specified expiration dates or until modified or rescinded by the department of corrections.

AB100-ASA1,930,2 (9r) Rules concerning video gaming devices for pari-mutuel racing. By the first day of the 3rd month beginning after the effective date of this subsection, the department of administration shall, using the procedure under section 227.24 of the statutes, promulgate the rules required under section 562.02 (1) (L) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 562.02 (1) (L) of the statutes, as created by this act, 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 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.

AB100-ASA1,930,7 (10k) Payment of membership dues for midwestern higher education compact. From the appropriation under section 20.505 (1) (ka) of the statutes, the department of administration shall, no later than June 30, 2006, make payment of this state's membership dues to the midwestern higher education compact in the 2004-05 fiscal year, but not to exceed $82,500.

AB100-ASA1,930,9 (10q) Information technology development assistance to elections board. The department of administration shall:

AB100-ASA1,930,11 (a) Assist the elections board in the selection of an appropriate vendor to complete the board's computer database conversion project.

AB100-ASA1,930,14 (b) Designate a staff person to provide to the elections board quality assurance for information technology development work completed in connection with creation of the board's campaign finance database.

AB100-ASA1,930,15 (10r) Transfer of county and tribal law enforcement grant programs.

AB100-ASA1,930,16 (a) Definitions. In this subsection:

AB100-ASA1,930,18 1. "County law enforcement grant program" means the grant program under section 16.964 (7), 2003 stats.

AB100-ASA1,930,20 2. "Tribal law enforcement grant program" means the grant program under section 16.964 (6), 2003 stats.

AB100-ASA1,930,25 (b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to county or tribal law enforcement grant programs administered by the office of justice assistance, as determined by the secretary of administration, shall become the assets and liabilities of the department of justice.

AB100-ASA1,931,5 (c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration that is primarily related to county or tribal law enforcement grant programs administered by the office of justice assistance, as determined by the secretary of administration, is transferred to the department of justice.

AB100-ASA1,931,12 (d) Contracts. All contracts entered into by the department of administration or the office of justice assistance in effect on the effective date of this paragraph that are primarily related to the office's county or tribal law enforcement grant programs, 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 obligations under such a contract until the contract is modified or rescinded by the department of justice to the extent allowed under the contract.

AB100-ASA1,931,23 (e) Rules and orders. All rules promulgated by the department of administration or the office of justice assistance primarily related to the office's county or tribal law enforcement grant programs, as determined by the secretary of administration, that are in effect on the effective date of this paragraph shall become rules of the department of justice and shall 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 administration or the office of justice assistance primarily related to the office's county or tribal law enforcement grant programs that are in effect on the effective date of this paragraph shall become orders of the department of justice and shall remain in effect until their specified expiration dates or until modified or rescinded by the department of justice.

AB100-ASA1,932,5 (f) Pending matters. Any matter pending with the office of justice assistance on the effective date of this paragraph that is primarily related to the office's county or tribal law enforcement grant programs, as determined by the secretary of administration, is transferred to the department of justice, and all materials submitted to or actions taken by the office of justice assistance with respect to the pending matter are considered as having been submitted to or taken by the department of justice.

AB100-ASA1,932,11 (10t) Fox River Navigational System Authority lease. If the building commission determines to sell any state-owned land that is leased to the Fox River Navigational System Authority under section 237.06 of the statutes as provided in Section 9105 (14q) of this act, the department of administration shall renegotiate the lease entered into under section 237.06 of the statutes to reflect the sale of the property.

AB100-ASA1,933,2 (10v) Sale or contractual operation of state-owned heating, cooling, and power plants and wastewater treatment facilities. Notwithstanding section 16.50 (1) of the statutes, as affected by this act, the secretary of administration shall require submission of expenditure estimates under section 16.50 (2) of the statutes for each state agency, as defined in section 20.001 (1) of the statutes, that proposes to expend moneys in the 2005-07 fiscal biennium that are not encumbered on the effective date of this subsection from any appropriation for the operation of a state-owned heating, cooling, or power plant or wastewater treatment facility. Notwithstanding section 16.50 (2) of the statutes, the secretary shall disapprove any such estimate for any period during which that plant or facility is owned or operated by a private entity. The secretary may then require the use of the amounts of any disapproved expenditure estimates for the purpose of payment of the costs of purchasing heating, cooling, power, or wastewater treatment for the state agencies or facilities for which the amounts were appropriated. The secretary shall notify the joint committee on finance in writing of any action taken under this subsection.