SB40-SSA1,1569,108 973.045 (2m) The secretary of administration shall credit part A of the crime
9victim and witness surcharge to the appropriation account under s. 20.455 (5) (g) and
10part B to the appropriation account under s. 20.455 (5) (gc).
SB40-SSA1, s. 3884 11Section 3884. 973.045 (3) (a) of the statutes is renumbered 973.045 (1r) (a),
12and 973.045 (1r) (a) (intro.), as renumbered, is amended to read:
SB40-SSA1,1569,1713 973.045 (1r) (a) (intro.) The clerk shall record the any crime victim and witness
14surcharge imposed under sub. (1) in 2 parts. Part A is the portion that the secretary
15of administration shall credit to the appropriation account under s. 20.455 (5) (g) and
16part B is the portion that the secretary of administration shall credit to the
17appropriation account under s. 20.455 (5) (gc),
as follows:
SB40-SSA1, s. 3885 18Section 3885. 973.05 (2m) (r) of the statutes is amended to read:
SB40-SSA1,1569,2019 973.05 (2m) (r) To payment of the enforcement surcharge under s. 253.06 49.17
20(4) (c) until paid in full.
SB40-SSA1, s. 3885m 21Section 3885m. 973.055 (1) (intro.) of the statutes is amended to read:
SB40-SSA1,1569,2522 973.055 (1) (intro.) If a court imposes a sentence on an adult person or places
23an adult person on probation, regardless of whether any fine is imposed, the court
24shall impose a domestic abuse surcharge under ch. 814 of $75 $100 for each offense
25if:
SB40-SSA1, s. 3886
1Section 3886. 973.055 (3) of the statutes is amended to read:
SB40-SSA1,1570,42 973.055 (3) All moneys collected from domestic abuse surcharges shall be
3deposited by the secretary of administration in s. 20.435 (3) 20.437 (1) (hh) and
4utilized in accordance with s. 46.95 49.165.
SB40-SSA1, s. 3887 5Section 3887. 973.09 (1) (b) of the statutes is amended to read:
SB40-SSA1,1570,126 973.09 (1) (b) If the court places the person on probation, the court shall order
7the person to pay restitution under s. 973.20, unless the court finds there is
8substantial reason not to order restitution as a condition of probation. If the court
9does not require restitution to be paid to a victim, the court shall state its reason on
10the record. If the court does require restitution, it shall notify the department of
11justice of its decision if the victim may be eligible for compensation under subch. I
12of
ch. 949.
SB40-SSA1, s. 3891 13Section 3891. 973.20 (9) (a) of the statutes is amended to read:
SB40-SSA1,1570,1814 973.20 (9) (a) If a crime victim is paid an award under subch. I of ch. 949 for
15any loss arising out of a criminal act, the state is subrogated to the rights of the victim
16to any restitution required by the court. The rights of the state are subordinate to
17the claims of victims who have suffered a loss arising out of the offenses or any
18transaction which is part of the same continuous scheme of criminal activity.
SB40-SSA1, s. 3892 19Section 3892. 973.20 (9) (b) of the statutes is amended to read:
SB40-SSA1,1571,320 973.20 (9) (b) When restitution is ordered, the court shall inquire to see if an
21award has been made under subch. I of ch. 949 and if the department of justice is
22subrogated to the cause of action under s. 949.15. If the restitution ordered is less
23than or equal to the award under subch. I of ch. 949, the restitution shall be paid only
24to the general fund
credited to the appropriation account under s. 20.455 (5) (hh).
25If the restitution ordered is greater than the award under subch. I of ch. 949, the

1general fund shall receive
an amount equal to the award under subch. I of ch. 949
2shall be credited to the appropriation account under s. 20.455 (5) (hh) and the balance
3shall be paid to the victim.
SB40-SSA1, s. 3893 4Section 3893. 973.30 (title) of the statutes is repealed.
SB40-SSA1, s. 3894 5Section 3894. 973.30 (1) (intro.) of the statutes is repealed.
SB40-SSA1, s. 3895 6Section 3895. 973.30 (1) (a) of the statutes is repealed.
SB40-SSA1, s. 3896 7Section 3896. 973.30 (1) (b) of the statutes is renumbered 16.964 (13) (a) 2.
SB40-SSA1, s. 3897 8Section 3897. 973.30 (1) (c) of the statutes is repealed.
SB40-SSA1, s. 3898 9Section 3898. 973.30 (1) (d) of the statutes is renumbered 16.964 (13) (a) 3.
SB40-SSA1, s. 3899 10Section 3899. 973.30 (1) (e) of the statutes is repealed.
SB40-SSA1, s. 3900 11Section 3900. 973.30 (1) (f) of the statutes is repealed.
SB40-SSA1, s. 3901 12Section 3901. 973.30 (1) (g) of the statutes is renumbered 16.964 (13) (a) 4.
SB40-SSA1, s. 3902 13Section 3902. 973.30 (1) (h) of the statutes is renumbered 16.964 (13) (a) 5.
SB40-SSA1, s. 3903 14Section 3903. 973.30 (1) (i) of the statutes is renumbered 16.964 (13) (a) 6.
SB40-SSA1, s. 3904 15Section 3904. 973.30 (1) (j) of the statutes is renumbered 16.964 (13) (a) 7.
SB40-SSA1, s. 3905 16Section 3905. 973.30 (2) of the statutes is repealed.
SB40-SSA1, s. 3906 17Section 3906. 973.30 (3) of the statutes is repealed.
SB40-SSA1, s. 3909 18Section 3909. 977.02 (2m) of the statutes is amended to read:
SB40-SSA1,1571,2219 977.02 (2m) Promulgate rules regarding eligibility for legal services under this
20chapter, including legal services for children persons who are entitled to be
21represented by counsel without a determination of indigency, as provided in s. 48.23
22(4), 51.60, 55.105, or 938.23 (4).
SB40-SSA1, s. 3910 23Section 3910. 977.02 (3) of the statutes is amended to read:
SB40-SSA1,1572,324 977.02 (3) Promulgate rules regarding the determination of indigency of
25persons entitled to be represented by counsel, other than children persons who are

1entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23,
2including the time period in which the determination must be made and the criteria
3to be used to determine indigency and partial indigency.
SB40-SSA1, s. 3911 4Section 3911. 977.05 (4) (gm) of the statutes is amended to read:
SB40-SSA1,1572,105 977.05 (4) (gm) In accordance with the standards under pars. (h) and (i), accept
6referrals from judges and courts for the provision of legal services without a
7determination of indigency of children persons who are entitled to be represented by
8counsel under s. 48.23, 51.60, 55.105, or 938.23, appoint counsel in accordance with
9contracts and policies of the board, and inform the referring judge or court of the
10name and address of the specific attorney who has been assigned to the case.
SB40-SSA1, s. 3912 11Section 3912. 977.05 (4) (h) of the statutes is amended to read:
SB40-SSA1,1572,1712 977.05 (4) (h) Accept requests for legal services from children persons who are
13entitled to be represented by counsel under s. 48.23, 51.60, 55.105, or 938.23 and
14from indigent persons who are entitled to be represented by counsel under s. 967.06
15or who are otherwise so entitled under the constitution or laws of the United States
16or this state and provide such persons with legal services when, in the discretion of
17the state public defender, such provision of legal services is appropriate.
SB40-SSA1, s. 3913 18Section 3913. 977.05 (4) (i) 8. of the statutes is amended to read:
SB40-SSA1,1572,2119 977.05 (4) (i) 8. Cases involving individuals who are subject to petitions for
20protective placement or involuntary administration of psychotropic medication
21under ch. 55.
SB40-SSA1, s. 3914 22Section 3914 . 977.06 (2) (a) of the statutes is amended to read:
SB40-SSA1,1573,623 977.06 (2) (a) A person seeking to have counsel assigned for him or her under
24s. 977.08, other than a child person who is entitled to be represented by counsel under
25s. 48.23, 51.60, 55.105, or 938.23, shall sign a statement declaring that he or she has

1not disposed of any assets for the purpose of qualifying for that assignment of
2counsel. If the representative or authority making the indigency determination
3finds that any asset was disposed of for less than its fair market value for the purpose
4of obtaining that assignment of counsel, the asset shall be counted under s. 977.07
5(2) at its fair market value at the time it was disposed of, minus the amount of
6compensation received for the asset.
SB40-SSA1, s. 3915 7Section 3915. 977.06 (2) (am) of the statutes is amended to read:
SB40-SSA1,1573,138 977.06 (2) (am) A person seeking to have counsel assigned for him or her under
9s. 977.08, other than a child person who is entitled to be represented by counsel under
10s. 48.23, 51.60, 55.105, or 938.23, shall sign a statement declaring that the
11information that he or she has given to determine eligibility for assignment of
12counsel he or she believes to be true and that he or she is informed that he or she is
13subject to the penalty under par. (b).
SB40-SSA1, s. 3916 14Section 3916. 977.06 (4) (bm) of the statutes is amended to read:
SB40-SSA1,1573,2315 977.06 (4) (bm) In response to a request for information under s. 49.22 (2m)
16made by the department of workforce development children and families or a county
17child support agency under s. 59.53 (5), the state public defender shall provide the
18name and address of an individual, the name and address of the individual's
19employer and financial information related to the individual, if the name, address
20or financial information is included in any statement, affidavit or other information
21provided by the individual regarding financial eligibility under s. 977.07 and if, at
22the time the request for information is made, the individual is represented by the
23state public defender or by counsel assigned under s. 977.08.
SB40-SSA1, s. 3917 24Section 3917. 977.07 (1) (a) of the statutes is amended to read:
SB40-SSA1,1574,5
1977.07 (1) (a) Determination of indigency for persons entitled to counsel shall
2be made as soon as possible and shall be in accordance with the rules promulgated
3by the board under s. 977.02 (3) and the system established under s. 977.06. No
4determination of indigency is required for a child person who is entitled to be
5represented by counsel under s. 48.23, 51.60, 55.105, or 938.23.
SB40-SSA1, s. 3918 6Section 3918. 977.07 (1) (c) of the statutes is amended to read:
SB40-SSA1,1574,167 977.07 (1) (c) For all referrals made under ss. 809.107, 809.30, 974.06 (3) (b)
8and 974.07 (11), except a referral of a child person who is entitled to be represented
9by counsel under s. 48.23, 51.60, 55.105, or 938.23, a representative of the state
10public defender shall determine indigency. For referrals made under ss. 809.107,
11809.30 and 974.06 (3) (b), except a referral of a child person who is entitled to be
12represented by counsel under s. 48.23, 51.60, 55.105, or 938.23, the representative
13of the state public defender may, unless a request for redetermination has been filed
14under s. 809.30 (2) (d) or the person's request for representation states that his or her
15financial circumstances have materially improved, rely upon a determination of
16indigency made for purposes of trial representation under this section.
SB40-SSA1, s. 3919 17Section 3919. 977.075 (1g) of the statutes is created to read:
SB40-SSA1,1574,2018 977.075 (1g) In this section, "client responsible for payment" means a client of
19the state public defender other than a client entitled to legal representation without
20a determination of indigency.
SB40-SSA1, s. 3920 21Section 3920. 977.075 (3) of the statutes is amended to read:
SB40-SSA1,1575,322 977.075 (3) The board shall establish by rule a fee schedule that sets the
23amount that a person, other than a parent subject to s. 48.275 (2) (b) or 938.275 (2)
24(b), who is
client responsible for payment for legal representation shall pay for the
25cost of the legal representation if the person client does not pay the applicable

1discount fee under sub. (3m). The schedule shall establish a fee for a given type of
2case, and the fee for a given type of case shall be based on the average cost, as
3determined by the board, for representation for that type of case.
SB40-SSA1, s. 3921 4Section 3921. 977.075 (3m) of the statutes is amended to read:
SB40-SSA1,1575,135 977.075 (3m) The board shall establish by rule a fee schedule that sets the
6discount amount that a person, other than a parent subject to s. 48.275 (2) (b) or
7938.275 (2) (b), who is
client responsible for payment for legal representation, may
8pay during a time period established by rule instead of paying the applicable fee
9under sub. (3). The fee schedule shall establish a discount fee for each type of case
10included in the schedule under sub. (3). If a person client responsible for payment
11pays the applicable discount fee within the time period established under this
12section, the person client may not be held liable for any additional payment for
13counsel.
SB40-SSA1, s. 3922 14Section 3922. 977.075 (4) of the statutes is created to read:
SB40-SSA1,1575,2015 977.075 (4) The board shall establish by rule a fee schedule that sets the
16maximum amount that a parent subject to s. 48.275 (2) (b) or 938.275 (2) (b) shall pay
17as reimbursement for legal services and sets the maximum amount that a person
18subject to s. 51.605 or 55.107 shall pay as reimbursement for legal services. The
19maximum amounts under this subsection shall be based on the average cost, as
20determined by the board, for each applicable type of case.
SB40-SSA1, s. 3923 21Section 3923. 977.08 (1) of the statutes is amended to read:
SB40-SSA1,1576,222 977.08 (1) If the representative or the authority for indigency determinations
23specified under s. 977.07 (1) refers a case to or within the office of the state public
24defender or if a case is referred under s. 48.23 (4), 51.60, 55.105, or 938.23 (4), the
25state public defender shall assign counsel according to subs. (3) and (4). If a

1defendant makes a request for change of attorney assignment, the change of attorney
2must be approved by the circuit court.
SB40-SSA1, s. 3924 3Section 3924. 977.08 (2) (intro.) of the statutes is amended to read:
SB40-SSA1,1576,74 977.08 (2) (intro.) All attorneys in a county shall be notified in writing by the
5state public defender that a set of lists is being prepared of attorneys willing to
6represent children persons referred under s. 48.23 (4), 51.60, 55.105, or 938.23 (4)
7and indigent clients in the following:
SB40-SSA1, s. 3925 8Section 3925. 977.08 (2) (d) of the statutes is repealed.
SB40-SSA1, s. 3926 9Section 3926. 977.085 (3) of the statutes is amended to read:
SB40-SSA1,1576,1810 977.085 (3) The board shall provide quarterly reports to the joint committee
11on finance on the status of reimbursement for or recoupment of payments under ss.
1248.275, 51.605, 55.107, 757.66, 938.275, 977.06, 977.07 (2), 977.075 and 977.076,
13including the amount of revenue generated by reimbursement and recoupment. The
14quarterly reports shall include any alternative means suggested by the board to
15improve reimbursement and recoupment procedures and to increase the amount of
16revenue generated. The department of justice, district attorneys, circuit courts and
17applicable county agencies shall cooperate by providing any necessary information
18to the state public defender.
SB40-SSA1, s. 3927 19Section 3927. 978.05 (4m) of the statutes is amended to read:
SB40-SSA1,1576,2220 978.05 (4m) Welfare fraud investigations. Cooperate with the departments
21of workforce development children and families and health and family services
22regarding the fraud investigation programs under ss. 49.197 (1m) and 49.845 (1).
SB40-SSA1, s. 3928 23Section 3928. 980.036 (10) of the statutes is amended to read:
SB40-SSA1,1577,624 980.036 (10) Payment of photocopy copying costs in cases involving indigent
25respondents.
When the state public defender or a private attorney appointed under

1s. 977.08 requests photocopies copies, in any format, of any item that is discoverable
2under this section, the state public defender shall pay any fee charged for the
3photocopies copies from the appropriation under s. 20.550 (1) (a). If the person
4providing photocopies copies under this section charges the state public defender a
5fee for the photocopies copies, the fee may not exceed the actual, necessary, and,
6direct cost of photocopying providing the copies.
SB40-SSA1, s. 3929 7Section 3929. 980.08 (9) of the statutes, as created by 2005 Wisconsin Act 431,
8is renumbered 980.08 (9) (a).
SB40-SSA1, s. 3930 9Section 3930. 980.08 (9) (b) of the statutes is created to read:
SB40-SSA1,1577,1110 980.08 (9) (b) The department of corrections may contract for the escort
11services under par. (a).
SB40-SSA1, s. 3931 12Section 3931. 985.01 (1g) of the statutes is amended to read:
SB40-SSA1,1577,1413 985.01 (1g) "Governing body" has the meaning given in s. 345.05 (1) (b) and
14includes a family long-term care district board under s. 46.2895.
SB40-SSA1, s. 3932 15Section 3932. 985.01 (3) of the statutes is amended to read:
SB40-SSA1,1577,1716 985.01 (3) "Municipality" has the meaning in s. 345.05 (1) (c) and includes a
17family long-term care district under s. 46.2895.
SB40-SSA1, s. 3933m 18Section 3933m. 995.24 of the statutes is created to read:
SB40-SSA1,1577,21 19995.24 Robert "Fighting Bob" La Follette Day. June 14 is designated as
20"Robert `Fighting Bob' La Follette Day." When June 14 falls on a Sunday,
21celebrations may be held on either June 13 or June 15.
SB40-SSA1, s. 3934 22Section 3934. 995.67 (1) (a) of the statutes is amended to read:
SB40-SSA1,1577,2423 995.67 (1) (a) "Domestic abuse" has the meaning given in s. 46.95 49.165 (1)
24(a).
SB40-SSA1, s. 3935 25Section 3935. 2003 Wisconsin Act 33, section 9159 (4f) is repealed.
SB40-SSA1, s. 3936
1Section 3936. 2005 Wisconsin Act 25, section 9101 (4) (b) and (c) is amended
2to read:
SB40-SSA1,1578,193[2005 Wisconsin Act 25] Section 9101 (4) (b) the secretary The department of
4administration shall submit a report to the secretary of the building commission
5containing an inventory of his or her recommendations to offer specified state
6properties
may offer any parcel of state-owned real property for sale under in
7accordance with
section 16.848 of the statutes, as created by this act, if the property
8is eligible for sale under that section and this subsection. If the department of
9administration receives an offer to purchase the property, the secretary of
10administration may submit a report to the secretary of the building commission
11recommending acceptance of the offer. The report shall contain a description of the
12property
and the reasons therefor. A property may be included in the inventory for
13the recommendation. The secretary of administration may recommend the sale of
14a property
with or without approval of the state agency having jurisdiction of the
15property. If, during the period on or before June 30, 2007, or the period beginning
16on the effective date of this paragraph and ending on June 30, 2009,
the building
17commission votes to approve the sale of any offer to purchase the property included
18in the inventory
, the department of administration may offer sell the property for sale
19under section 16.848 of the statutes, as created by this act
.
SB40-SSA1,1578,2220 (c) This subsection does not apply during the period beginning after June 30,
212007 and ending the day before the effective date of this paragraph, nor during the
22period after June 30, 2009
.
SB40-SSA1, s. 3936m 23Section 3936m. 2005 Wisconsin Act 25, section 9105 (9) is amended to read:
SB40-SSA1,1579,924[2005 Wisconsin Act 25] Section 9105 (9) Columbia St. Mary's—Columbia
25campus.
Notwithstanding section 18.04 (1) and (2) of the statutes, no public debt

1authorized for the acquisition and remodeling of the Columbia campus medical
2facilities, as enumerated in subsection (1) (h) 1. and 3., may be contracted until after
3June 30, 2007 2009. Beginning on July 1, 2007 2009, and ending on June 30, 2009
42011, not more than 50 percent of the general fund supported borrowing and 50
5percent of the program revenue supported borrowing authorized for the acquisition
6and remodeling of the Columbia campus medical facilities may be incurred.
7Beginning on July 1, 2009 2011, the remainder of the general fund supported
8borrowing and program revenue supported borrowing authorized for the acquisition
9and remodeling of the Columbia campus medical facilities may be incurred.
SB40-SSA1, s. 3937 10Section 3937. 2005 Wisconsin Act 25, section 9152 (5) is amended to read:
SB40-SSA1,1579,2511[2005 Wisconsin Act 25] Section 9152 (5) Sale of real property. If the Board
12of Regents of the University of Wisconsin System sells any real property under its
13jurisdiction during the period prior to July 1, 2007, and the period beginning on the
14effective date of this subsection and ending on June 30, 2009,
the board shall credit
15the net proceeds of the sale to the appropriation account under section 20.285 (1) (iz)
16of the statutes, as affected by this act, except that if there is any outstanding public
17debt used to finance the acquisition, construction, or improvement of any property
18that is sold, the board shall deposit a sufficient amount of the net proceeds from the
19sale of the property in the bond security and redemption fund under section 18.09
20of the statutes to repay the principal and pay the interest on the debt, and any
21premium due upon refunding any of the debt. If the property was acquired,
22constructed, or improved with federal financial assistance, the board shall pay to the
23federal government any of the net proceeds required by federal law. If the property
24was acquired by gift or grant or acquired with gift or grant funds, the board shall
25adhere to any restriction governing use of the proceeds.
SB40-SSA1, s. 3938b
1Section 3938b. 2007 Wisconsin Act 1, section 210 (3) is amended to read:
SB40-SSA1,1580,52[2007 Wisconsin Act 1] Section 210 (3) The unencumbered balance in the
3appropriation account under section 20.521 (1) (g) of the statutes is transferred to the
4appropriation account under section 20.511 (1) (i) (im) of the statutes, as created by
5this act 2007 Wisconsin Act .... (Senate Bill 40).
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