SECTION 2467i. 961.41 (5) (c) 2. of the statutes is created to read:

961.41 (5) (c) 2. All of the following moneys collected from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.505 (6) (ku):

a. For fiscal year 2005-06, all of the moneys collected in excess of $1,038,600 from drug surcharges under this subsection during that fiscal year until the first $1,528,600 has been collected plus one-third of all moneys collected in excess of $1,528,600 from drug surcharges under this subsection during that fiscal year.

b. For fiscal year 2006-07, all of the moneys collected in excess of $1,044,300 from drug surcharges under this subsection during that fiscal year until the first $1,534,300 has been collected plus one-third of all moneys collected in excess of $1,534,300 from drug surcharges under this subsection during that fiscal year.

SECTION 2467k. 961.41 (5) (c) 2. of the statutes, as created by 2005 Wisconsin Act .... [this act], is repealed and recreated to read:

961.41 (5) (c) 2. One-third of all moneys collected from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.505 (6) (ku).

SECTION 2467m. 961.472 (5) of the statutes is repealed and recreated to read:

961.472 (5) The court is not required to enter an order under sub. (2) if any of the following applies:

(a) The court finds that the person is already covered by or has recently completed an assessment under this section or a substantially similar assessment.

(b) The person is participating in 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).

SECTION 2467p. 967.11 of the statutes is created to read:

967.11 Alternatives to prosecution and incarceration; monitoring participants. (1) In this section, "approved substance abuse treatment program" means 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).

(2) If a county establishes an approved substance abuse treatment program and the program authorizes the use of surveillance and monitoring technology or day reporting programs, a court or a district attorney may require a person participating in an approved substance abuse treatment program to submit to surveillance and monitoring technology or a day reporting program as a condition of participation.

SECTION 2467s. 973.032 (6) of the statutes is amended to read:

973.032 (6) CREDIT. Any sentence credit under s. 973.155 (1) or (1m) applies toward service of the period under sub. (3) (a) but does not apply toward service of the period under sub. (3) (b).

SECTION 2467x. 973.043 of the statutes is created to read:

973.043 Drug offender diversion surcharge. (1) If a court imposes a sentence or places a person on probation for a crime under ch. 943 that was committed on or after the first day of the 3rd month beginning after the effective date of this subsection .... [revisor inserts date], the court shall impose a drug offender diversion surcharge of $10 for each conviction.

(2) After determining the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2.

(3) All moneys collected from drug offender diversion surcharges shall be credited to the appropriation account under s. 20.505 (6) (ku) and used for the purpose of making grants to counties under s. 16.964 (12).

(4) If an inmate in a state prison or a person sentenced to a state prison has not paid the drug offender diversion surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the secretary of administration.".

19.
Page 1054, line 15: after "full," insert "shall then be applied to the drug offender diversion surcharge until paid in full,".

20.
Page 1055, line 21: after that line insert:

"SECTION 2475g. 973.155 (1) (b) of the statutes is amended to read:

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.

SECTION 2475m. 973.155 (1m) of the statutes is created to read:

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.

SECTION 2475r. 973.155 (3) of the statutes is amended to read:

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.".

21.
Page 1082, line 16: after that line insert:

"(13g) REPORT REGARDING EVIDENCE-BASED PRACTICES FOR TREATMENT IN DRUG OFFENDER DIVERSION PROGRAMS. By December 31, 2006, the department of health and family services shall submit a report to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under section 13.172 (3) of the statutes, regarding how it determined, under section 16.964 (12) (c) 4. of the statutes, as created by this act, what are the evidence-based practices in substance abuse and mental health treatment.".

22.
Page 1122, line 2: after that line insert:

"(2r) ALLOCATION OF DRUG ABUSE PROGRAM IMPROVEMENT SURCHARGE. The repeal and recreation of section 961.41 (5) (c) 2. of the statutes takes effect on July 1, 2007.".

23.
Page 1125, line 25: after that line insert:

"(11q) ALLOCATION OF DRUG ABUSE PROGRAM IMPROVEMENT SURCHARGE. The repeal and recreation of section 961.41 (5) (c) 1. of the statutes takes effect on July 1, 2007.".
(End)
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GMM:cjs:pg
2005 - 2006 LEGISLATURE

LFB:......Bauer - Correctional health care staffing
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 1072, line 5: after that line insert:

"(2r) CORRECTIONAL HEALTH CARE SERVICES. By January 2, 2006, the department of corrections shall submit to the cochairpersons of the joint committee on finance a plan regarding the manner in which that department will manage the delivery of adult correctional health care services and the cost of delivering those services in fiscal year 2006-07. The plan shall include a review of the practice of correctional officers delivering controlled medications to prisoners and recommended alternatives to that practice. If the plan calls for contracting for the delivery of adult correctional health care services, the plan shall specify the provisions of the proposed contract and the costs under the proposed contract. If the plan calls for the department of corrections to deliver adult correctional health care services, the plan shall specify how that department will address the needs of the adult correctional health care services delivery system.".
(End)
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MJL:wlj:rs
2005 - 2006 LEGISLATURE

LFB:......Stott - Allocation of money for baccalaureate expansion and Rock County engineering initiative
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 1094, line 14: delete "$1,111,400" and substitute "$500,000".

2.
Page 1094, line 15: delete that line and substitute "of the committee on baccalaureate expansion. Of moneys appropriated under section 20.285 (1) (a) of the statutes for both the 2005-06 and 2006-07 fiscal years, the Board of Regents shall allocate $378,300 for the University of Wisconsin-Rock County engineering initiative.".
(End)
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MJL:wlj:jf
2005 - 2006 LEGISLATURE

LFB:......Stott - Higher education committee
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 1095, line 7: after that line insert:

"(9m) HIGHER EDUCATION COMMITTEE.(a) There is created a committee to study the public benefits of this state's public system of higher education, to expand baccalaureate degrees for this state's residents, to foster economic development, to provide a research environment to develop intellectual properties, and to assist in the development of new business. The committee shall consist of the president of the University of Wisconsin System, or his or her appointee; the chancellor of the University of Wisconsin System colleges, or his or her appointee; the president of the Wisconsin Technical College System, or his or her appointee; a currently enrolled University of Wisconsin System student; a University of Wisconsin System alumnus, a faculty member, and a chancellor or current regent, all appointed by the president of the University of Wisconsin System; a currently enrolled Wisconsin Technical College System student, a president of a technical college district, and a Wisconsin Technical College System board member, all appointed by the president of the Wisconsin Technical College System; a business leader, a former University of Wisconsin System executive officer, and a former regent, all appointed by the president of the University of Wisconsin System; and 4 current legislators, 2 from each party and 2 from both the assembly and senate, appointed by the respective leaders of the senate and assembly. The committee shall elect a chairperson from among its members, who shall call the committee's first meeting.

(b) The committee shall complete and submit its study to the joint committee on finance by August 1, 2006. The committee shall ensure that the study does at least all of the following:

1. Addresses the issue of how colleges and universities can provide access and quality education for all residents to further their human potential and ensure the state's economic future.

2. Determines the appropriate mixture of funding to support higher education in this state, including the relationship between general purpose revenue, tuition, financial aid, and philanthropic support.

3. Continues structural improvements, efficiencies, and economies in such activities as the committee on baccalaureate expansion, integration of administrative structure, and collaborative arrangements between campuses.

4. Collaborates among all of this state's key economic, social, and educational entities to achieve the intent of the Wisconsin Idea.

(c) The committee terminates upon submission of the study under this subsection.".
(End)
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PG:wlj:rs
2005 - 2006 LEGISLATURE

LFB:......Kava - Study of online application for open enrollment program
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 1088, line 9: after that line insert:

"(3m) OPEN ENROLLMENT PROGRAM. By March 1, 2006, the department of public instruction shall submit to the governor and the joint committee on finance a report on the feasibility and cost of developing and implementing a statewide Internet-based application and reporting system for the open enrollment program under section 118.51 of the statutes.".
(End)
LRBb0291LRBb0291/5
PG:wlj:jf
2005 - 2006 LEGISLATURE

LFB:......Kava - MPCP and charter schools; pupil eligibility, special ed reimbursement, teacher requirements
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 904, line 17: after "need." insert "A school board may contract with a charter school to provide special education services to pupils attending the charter school if the charter school is under contract with the school board under s. 118.40 (2m) and the charter school is not an instrumentality of the school district.".

2.
Page 904, line 17: after that line insert:

"SECTION 1877m. 115.88 (1m) (a) of the statutes is amended to read:

115.88 (1m) (a) If, upon receipt of the plan under s. 115.77 (4), the state superintendent is satisfied that the special education program has been maintained during the preceding school year in accordance with law, the state superintendent shall certify to the department of administration in favor of each county, cooperative educational service agency, and school district maintaining such special education program a sum equal to the amount expended by the county, agency, and school district during the preceding year for salaries of personnel enumerated in sub. (1), including, the salary portion of any authorized contract for physical or occupational therapy services,; the salary portion of any contract to provide special education services to pupils attending a charter school, as authorized under sub. (1); and other expenses approved by the state superintendent, as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).".

3.
Page 905, line 7: after that line insert:

"SECTION 1878c. 115.88 (2m) of the statutes is amended to read:

115.88 (2m) OTHER TRANSPORTATION AID. If the operator of a charter school established under s. 118.40 (2r) or established as a noninstrumentality charter school under s. 118.40 (2m) transports children with disabilities and the state superintendent is satisfied that the operator of the charter school is complying with 20 USC 1400 to 1491o, the state superintendent shall certify to the department of administration in favor of the operator of the charter school a sum equal to the amount that the operator of the charter school expended during the previous school year for transportation under this subsection as costs eligible for reimbursement from the appropriations under s. 20.255 (2) (b). The state superintendent may audit costs under this subsection and adjust reimbursement to cover only actual, eligible costs.".

4.
Page 906, line 21: after that line insert:

"SECTION 1883f. 118.40 (2r) (c) 1. of the statutes is amended to read:

118.40 (2r) (c) 1. Except as provided in subd. subds. 3. and 4., only pupils who reside in the school district in which a charter school established under this subsection is located may attend the charter school.

SECTION 1883g. 118.40 (2r) (c) 2. of the statutes is repealed.

SECTION 1883r. 118.40 (2r) (c) 4. of the statutes is created to read:

118.40 (2r) (c) 4. A pupil who resides outside the school district operating under ch. 119 may attend a charter school established under this subsection in the school district operating under ch. 119, but the charter school shall give preference in admissions to pupils who reside in the school district operating under ch. 119.".

5.
Page 910, line 2: after that line insert:

"SECTION 1895d. 119.23 (1) (d) of the statutes is created to read:

119.23 (1) (d) "Teacher" means a person who has primary responsibility for the academic instruction of pupils.

SECTION 1895h. 119.23 (2) (a) 1. of the statutes is amended to read:

119.23 (2) (a) 1. The pupil is a member of a family that has a total family income that does not exceed an amount equal to 1.75 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. A pupil attending a private school under this section whose family income increases may continue to attend a private school under this section if the pupil is a member of a family that has a total family income that does not exceed an amount equal to 2.2 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. For purposes of admission to a private school under this section, siblings of pupils attending a private school under this section are subject to the higher income limit. If a pupil attending a private school under this section ceases to attend a private school under this section, the lower income limit applies unless the pupil is a sibling of a pupil attending a private school under this section.

SECTION 1895p. 119.23 (2) (a) 2. of the statutes is repealed.

SECTION 1895t. 119.23 (2) (a) 6. of the statutes is created to read:

119.23 (2) (a) 6. All of the private school's teachers have graduated from high school or been granted a declaration of equivalency of high school graduation.".

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