SECTION 1. 20.455 (5) (hh) of the statutes is created to read:
20.455 (5) (hh) Crime victim restitution. All moneys received by the department under s. 973.20 (9) (b) to provide crime victim restitution.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 973.20 (9) (b) of the statutes is amended to read:
973.20 (9) (b) When restitution is ordered, the court shall inquire to see if an award has been made under subch. I of ch. 949 and if the department of justice is subrogated to the cause of action under s. 949.15. If the restitution ordered is less than or equal to the award under subch. I of ch. 949, the restitution shall be paid only to the general fund credited to the appropriation account under s. 20.455 (5) (hh). If the restitution ordered is greater than the award under subch. I of ch. 949, the general fund shall receive an amount equal to the award under subch. I of ch. 949 shall be credited to the appropriation account under s. 20.455 (5) (hh) and the balance shall be paid to the victim.
****NOTE: This is reconciled s. 973.20 (9) (b). This SECTION has been affected by drafts with the following LRB numbers: LRB-0434 and LRB-1537.
(End)
LRB-0435LRB-0435/1
PJH:kjf:jf
2007 - 2008 LEGISLATURE
DOA:......Wavrunek, BB0090 - Victim/witness surcharges
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: crime victim and witness assistance surcharges imposed on persons committing civil offenses and making an appropriation.
Analysis by the Legislative Reference Bureau
Courts and procedure
Other courts and procedure
Under current law, when a court imposes a sentence on a person who has committed a crime or places a person who has committed a crime on probation, the person is required to pay a crime victim and witness assistance surcharge of $60 for each misdemeanor and $85 for each felony. Most of the surcharge (part A) is allocated to fund county programs for crime victims and witnesses and to provide awards to crime victims. The rest of the surcharge (part B) is used for grants to fund services for victims of sexual assaults.
Current law also requires that the crime victim and witness assistance surcharge be imposed in certain cases in which a criminal prosecution is deferred or suspended. Specifically, if a person is charged with a crime for conduct that could also be prosecuted as a civil offense and the person agrees to pay a forfeiture as part of an agreement to have the prosecution deferred or suspended, the court must impose, in addition to the forfeiture, a crime victim and witness assistance surcharge of $60 (if the person was originally charged with a misdemeanor) or $85 (if the person was originally charged with a felony).
This bill revises the criteria for imposing crime victim and witness assistance surcharges in civil offense cases and changes how money collected from those surcharges is used. Under the bill, a court must impose the crime victim and witness assistance surcharge if: 1) a person is charged with one or more crimes in a complaint; 2) as a result of the complaint being amended, the person is charged with a civil offense in lieu of one of those crimes; and 3) the court finds that the person committed that civil offense. In addition, under the bill, all money collected in such cases from crime victim and witness surcharges is "part A money," which must be used to fund county programs for crime victims and witnesses and to provide awards to crime victims.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.455 (5) (g) of the statutes is amended to read:
20.455 (5) (g) Crime victim and witness assistance surcharge, general services. The amounts in the schedule for purposes of ch. 950. All moneys received from part A of any crime victim and witness assistance surcharges surcharge authorized under s. 973.045 (1) that are allocated as part A of the surcharge under s. 973.045 (3) (1r) (a) 1., all moneys received from any crime victim and witness assistance surcharge authorized under s. 973.045 (1m), and all moneys received from any delinquency victim and witness assistance surcharges surcharge authorized under s. 938.34 (8d) (a) shall be credited to this appropriation account. The department of justice shall transfer from this appropriation account to the appropriation account under par. (kj) the amounts in the schedule under par. (kj).
SECTION 2. 20.455 (5) (gc) of the statutes is amended to read:
20.455 (5) (gc) Crime victim and witness surcharge, sexual assault victim services. All moneys received from part B of any crime victim and witness assistance surcharges surcharge authorized under s. 973.045 (1) that are allocated as part B of the surcharge under s. 973.045 (3) (1r) (a) 2., to provide grants for sexual assault victim services under s. 165.93.
SECTION 3. 973.045 (1) (intro.) of the statutes is amended to read:
973.045 (1) (intro.) Except as provided in sub. (1m), if If a court imposes a sentence or places a person on probation, the court shall impose a crime victim and witness assistance surcharge calculated as follows:
SECTION 4. 973.045 (1m) of the statutes is repealed and recreated to read:
973.045 (1m) (a) In this subsection, "civil offense" means an offense punishable by a forfeiture.
(b) If all of the following apply, the court shall impose a crime victim and witness assistance surcharge in addition to any forfeiture that it imposes:
1. The person is charged with one or more crimes in a complaint.
2. As a result of the complaint being amended, the person is charged with a civil offense in lieu of one of those crimes.
3. The court finds that the person committed that civil offense on or after the effective date of this subdivision .... [revisor inserts date].
(c) The amount of the surcharge imposed under par. (b) shall be the amount specified in sub. (1) (a) or (b), depending on whether the crime that was the subject of the amendment under par. (b) 2. was a misdemeanor or a felony.
SECTION 5. 973.045 (1r) (b) of the statutes is created to read:
973.045 (1r) (b) The entire amount of any surcharge imposed under sub. (1m) shall be allocated to part A.
SECTION 6. 973.045 (2m) of the statutes is created to read:
973.045 (2m) The secretary of administration shall credit part A of the crime victim and witness surcharge to the appropriation account under s. 20.455 (5) (g) and part B to the appropriation account under s. 20.455 (5) (gc).
SECTION 7. 973.045 (3) (a) of the statutes is renumbered 973.045 (1r) (a), and 973.045 (1r) (a) (intro.), as renumbered, is amended to read:
973.045 (1r) (a) (intro.) The clerk shall record the any crime victim and witness surcharge imposed under sub. (1) in 2 parts. Part A is the portion that the secretary of administration shall credit to the appropriation account under s. 20.455 (5) (g) and part B is the portion that the secretary of administration shall credit to the appropriation account under s. 20.455 (5) (gc), as follows:
(End)
LRB-0438LRB-0438/3
CMH:wlj:jf
2007 - 2008 LEGISLATURE
DOA:......Fath, BB0078 - Repeal QEO
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: qualified economic offers under the Municipal Employment Relations Act.
Analysis by the Legislative Reference Bureau
employment
Under current law, in local government employment other than law enforcement and fire fighting employment, if a dispute relating to the terms of a proposed collective bargaining agreement has not been settled after a reasonable period of negotiation and after mediation by the Wisconsin Employment Relations Commission (WERC), either party, or the parties jointly, may petition WERC to initiate compulsory, final, and binding arbitration with respect to any dispute relating to wages, hours, and conditions of employment. If WERC determines, after investigation, that an impasse exists and that arbitration is required, WERC must submit to the parties a list of seven arbitrators, from which the parties alternately strike names until one arbitrator is left. As an alternative to a single arbitrator, WERC may provide for an arbitration panel that consists of one person selected by each party and one person selected by WERC. As a further alternative, WERC may also provide a process that allows for a random selection of a single arbitrator from a list of seven names submitted by WERC. Under current law, an arbitrator or arbitration panel must adopt the final offer of one of the parties on all disputed issues, which is then incorporated into the collective bargaining agreement.
However, under current law, this process does not apply to a dispute over economic issues involving a collective bargaining unit consisting of school district professional employees if WERC determines, subsequent to an investigation, that the employer has submitted a qualified economic offer (QEO). Under current law, a QEO consists of a proposal to maintain the percentage contribution by the employer to the employees' existing fringe benefit costs and the employees' existing fringe benefits and to provide for an annual average salary increase having a cost to the employer at least equal to 2.1 percent of the existing total compensation and fringe benefit costs for the employees in the collective bargaining unit plus any fringe benefit savings. Fringe benefit savings is that amount, if any, by which 1.7 percent of the total compensation and fringe benefit costs for all municipal employees in a collective bargaining unit for any 12-month period covered by a proposed collective bargaining agreement exceeds the increased cost required to maintain the percentage contribution by the municipal employer to the municipal employees' existing fringe benefit costs and to maintain all fringe benefits provided to the municipal employees.
This bill eliminates the QEO exception from the compulsory, final, and binding arbitration process.
Under current law, school district professional employees are required to be placed in a collective bargaining unit that is separate from the units of other school district employees. This bill eliminates this requirement.
Finally, the bill eliminates a 3.8 percent cap imposed on salary and fringe benefit annual cost increases for all nonrepresented professional school district employees.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 111.70 (1) (b) of the statutes is amended to read:
111.70 (1) (b) "Collective bargaining unit" means a the unit consisting of municipal employees who are school district professional employees or of municipal employees who are not school district professional employees that is determined by the commission to be appropriate for the purpose of collective bargaining.
SECTION 2. 111.70 (1) (dm) of the statutes is repealed.
SECTION 3. 111.70 (1) (fm) of the statutes is repealed.
SECTION 4. 111.70 (1) (nc) of the statutes is repealed.
SECTION 5. 111.70 (4) (cm) 5. of the statutes is amended to read:
111.70 (4) (cm) 5. 'Voluntary impasse resolution procedures.' In addition to the other impasse resolution procedures provided in this paragraph, a municipal employer and labor organization may at any time, as a permissive subject of bargaining, agree in writing to a dispute settlement procedure, including authorization for a strike by municipal employees or binding interest arbitration, which is acceptable to the parties for resolving an impasse over terms of any collective bargaining agreement under this subchapter. A copy of such agreement shall be filed by the parties with the commission. If the parties agree to any form of binding interest arbitration, the arbitrator shall give weight to the factors enumerated under subds. 7., 7g. and subd. 7r.
SECTION 6. 111.70 (4) (cm) 5s. of the statutes is repealed.
SECTION 7. 111.70 (4) (cm) 6. a. of the statutes is amended to read:
111.70 (4) (cm) 6. a. If in any collective bargaining unit a dispute relating to one or more issues, qualifying for interest arbitration under subd. 5s. in a collective bargaining unit to which subd. 5s. applies, has not been settled after a reasonable period of negotiation and after mediation by the commission under subd. 3. and other settlement procedures, if any, established by the parties have been exhausted, and the parties are deadlocked with respect to any dispute between them over wages, hours and conditions of employment to be included in a new collective bargaining agreement, either party, or the parties jointly, may petition the commission, in writing, to initiate compulsory, final and binding arbitration, as provided in this paragraph. At the time the petition is filed, the petitioning party shall submit in writing to the other party and the commission its preliminary final offer containing its latest proposals on all issues in dispute. Within 14 calendar days after the date of that submission, the other party shall submit in writing its preliminary final offer on all disputed issues to the petitioning party and the commission. If a petition is filed jointly, both parties shall exchange their preliminary final offers in writing and submit copies to the commission at the time the petition is filed.
SECTION 8. 111.70 (4) (cm) 6. am. of the statutes is amended to read:
111.70 (4) (cm) 6. am. Upon receipt of a petition to initiate arbitration, the commission shall make an investigation, with or without a formal hearing, to determine whether arbitration should be commenced. If in determining whether an impasse exists the commission finds that the procedures set forth in this paragraph have not been complied with and such compliance would tend to result in a settlement, it may order such compliance before ordering arbitration. The validity of any arbitration award or collective bargaining agreement shall not be affected by failure to comply with such procedures. Prior to the close of the investigation each party shall submit in writing to the commission its single final offer containing its final proposals on all issues in dispute that are subject to interest arbitration under this subdivision or under subd. 5s. in collective bargaining units to which subd. 5s. applies. If a party fails to submit a single, ultimate final offer, the commission shall close the investigation based on the last written position of the party. The municipal employer may not submit a qualified economic offer under subd. 5s. after the close of the investigation. Such final offers may include only mandatory subjects of bargaining, except that a permissive subject of bargaining may be included by a party if the other party does not object and shall then be treated as a mandatory subject. No later than such time, the parties shall also submit to the commission a stipulation, in writing, with respect to all matters which are agreed upon for inclusion in the new or amended collective bargaining agreement. The commission, after receiving a report from its investigator and determining that arbitration should be commenced, shall issue an order requiring arbitration and immediately submit to the parties a list of 7 arbitrators. Upon receipt of such list, the parties shall alternately strike names until a single name is left, who shall be appointed as arbitrator. The petitioning party shall notify the commission in writing of the identity of the arbitrator selected. Upon receipt of such notice, the commission shall formally appoint the arbitrator and submit to him or her the final offers of the parties. The final offers shall be considered public documents and shall be available from the commission. In lieu of a single arbitrator and upon request of both parties, the commission shall appoint a tripartite arbitration panel consisting of one member selected by each of the parties and a neutral person designated by the commission who shall serve as a chairperson. An arbitration panel has the same powers and duties as provided in this section for any other appointed arbitrator, and all arbitration decisions by such panel shall be determined by majority vote. In lieu of selection of the arbitrator by the parties and upon request of both parties, the commission shall establish a procedure for randomly selecting names of arbitrators. Under the procedure, the commission shall submit a list of 7 arbitrators to the parties. Each party shall strike one name from the list. From the remaining 5 names, the commission shall randomly appoint an arbitrator. Unless both parties to an arbitration proceeding otherwise agree in writing, every individual whose name is submitted by the commission for appointment as an arbitrator shall be a resident of this state at the time of submission and every individual who is designated as an arbitration panel chairperson shall be a resident of this state at the time of designation.
SECTION 9. 111.70 (4) (cm) 7. of the statutes is renumbered 111.70 (4) (cm) 7r. am. and amended to read:
111.70 (4) (cm) 7r. am. 'Factor given greatest weight.' In making any decision under the arbitration procedures authorized by this paragraph, the arbitrator or arbitration panel shall consider and shall give the greatest weight to any Any state law or directive lawfully issued by a state legislative or administrative officer, body or agency which places limitations on expenditures that may be made or revenues that may be collected by a municipal employer. The arbitrator or arbitration panel shall give an accounting of the consideration of this factor in the arbitrator's or panel's decision.
SECTION 10. 111.70 (4) (cm) 7g. of the statutes is renumbered 111.70 (4) (cm) 7r. ar. and amended to read:
111.70 (4) (cm) 7r. ar. 'Factor given greater weight.' In making any decision under the arbitration procedures authorized by this paragraph, the arbitrator or arbitration panel shall consider and shall give greater weight to economic Economic conditions in the jurisdiction of the municipal employer than to any of the factors specified in subd. 7r.
SECTION 11. 111.70 (4) (cm) 7r. (intro.) of the statutes is amended to read:
111.70 (4) (cm) 7r. 'Other factors Factors considered.' (intro.) In making any decision under the arbitration procedures authorized by this paragraph, the arbitrator or arbitration panel shall also give weight to the following factors:
SECTION 12. 111.70 (4) (cm) 8m. a. and c. of the statutes are consolidated, renumbered 111.70 (4) (cm) 8m. and amended to read:
111.70 (4) (cm) 8m. 'Term of agreement; reopening of negotiations.' Except for the initial collective bargaining agreement between the parties and, except as the parties otherwise agree, every collective bargaining agreement covering municipal employees subject to this paragraph other than school district professional employees shall be for a term of 2 years. No, but in no case may a collective bargaining agreement for any collective bargaining unit consisting of municipal employees subject to this paragraph other than school district professional employees shall be for a term exceeding 3 years. c. No arbitration award may contain a provision for reopening of negotiations during the term of a collective bargaining agreement, unless both parties agree to such a provision. The requirement for agreement by both parties does not apply to a provision for reopening of negotiations with respect to any portion of an agreement that is declared invalid by a court or administrative agency or rendered invalid by the enactment of a law or promulgation of a federal regulation.
SECTION 13. 111.70 (4) (cm) 8m. b. of the statutes is repealed.
SECTION 14. 111.70 (4) (cm) 8p. of the statutes is repealed.
SECTION 15. 111.70 (4) (cm) 8s. of the statutes is repealed.
SECTION 16. 111.70 (4) (cn) of the statutes is repealed.
SECTION 17. 111.70 (4) (d) 2. a. of the statutes is amended to read:
111.70 (4) (d) 2. a. The commission shall determine the appropriate collective bargaining unit for the purpose of collective bargaining and shall whenever possible, unless otherwise required under this subchapter, avoid fragmentation by maintaining as few collective bargaining units as practicable in keeping with the size of the total municipal work force. In making such a determination, the commission may decide whether, in a particular case, the municipal employees in the same or several departments, divisions, institutions, crafts, professions, or other occupational groupings constitute a collective bargaining unit. Before making its determination, the commission may provide an opportunity for the municipal employees concerned to determine, by secret ballot, whether or not they desire to be established as a separate collective bargaining unit. The commission shall not decide, however, that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both municipal employees who are school district professional employees and municipal employees who are not school district professional employees. The commission shall not decide, however, that any other group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both professional employees and nonprofessional employees, unless a majority of the professional employees vote for inclusion in the unit. The commission shall not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both craft employees and noncraft employees unless a majority of the craft employees vote for inclusion in the unit. The commission shall place the professional employees who are assigned to perform any services at a charter school, as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that includes any other professional employees whenever at least 30% of those professional employees request an election to be held to determine that issue and a majority of the professional employees at the charter school who cast votes in the election decide to be represented in a separate collective bargaining unit. Any vote taken under this subsection shall be by secret ballot.
SECTION 18. 118.245 of the statutes is repealed.
SECTION 9315. Initial applicability; Employment Relations Commission.
(1) QUALIFIED ECONOMIC OFFERS. The treatment of section 111.70 (1) (b), (dm), (fm), and (nc) and (4) (cm) 5., 5s., 6. a. and am., 7., 7g., and 7r. (intro.), 8m. a., b., and c., 8p., and 8s., (cn), and (d) 2. a. of the statutes first applies to petitions for arbitration that relate to collective bargaining agreements that cover periods beginning on or after July 1, 2007, and that are filed under section 111.70 (4) (cm) 6. of the statutes, as affected by this act, on the effective date of this subsection.
(End)
LRB-0444LRB-0444/P3
CMH&MES:wlj:jf
2007 - 2008 LEGISLATURE
DOA:......Wavrunek, BB0086 - Penalty for contractors who submit false claims; qui tam suits authorized
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: false claims submitted to the state and local governments and providing penalties.
Analysis by the Legislative Reference Bureau
state government
