1. The beginning farmer's name and address.
2. Information showing that the beginning farmer satisfies the conditions in sub. (2).
3. A business plan that includes a current balance sheet and projected balance sheets for 3 years, cash flow statements, and income statements along with a detailed description of all significant accounting assumptions used in developing the financial projections.
4. A description of the beginning farmer's education, training, and experience in the type of farming in which the beginning farmer uses the leased agricultural assets.
5. A copy of the beginning farmer's completed federal profit or loss from farming form, schedule F, or other documentation approved by the department under sub. (6).
6. Any other information required by the department.
(d) If a beginning farmer wishes to claim the beginning farmer educational credit under s. 71.07 (8r) (b) 1., the beginning farmer shall also include in the application under this subsection a description of the financial management program completed by the beginning farmer and a statement of the amount that the beginning farmer paid the educational institution to enroll in the financial management program.
(5) EVALUATION AND CERTIFICATION. (a) The department shall review applications submitted under sub. (4) (a).
(b) The department shall provide an established farmer with a certificate of eligibility for the farm asset owner tax credit under s. 71.07 (8r) (b) 2., 71.28 (8r), or 71.47 (8r) if all of the following apply:
1. The established farmer's application complies with sub. (4) (b).
2. The beginning farmer's application complies with sub. (4) (c).
3. The department determines that the business plan submitted under sub. (4) (c) 3. and the education, training, or experience described under sub. (4) (c) 4. show that the beginning farmer has sufficient resources and education, training, or experience for the type of farming in which the beginning farmer uses the leased agricultural assets.
(c) The department shall provide a beginning farmer with a certificate of eligibility for the beginning farmer educational credit under s. 71.07 (8r) (b) 1. if the department has issued a certificate of eligibility under par. (b) for the experienced farmer from whom the beginning farmer leases farm assets and the information provided under sub. (4) (d) shows that the beginning farmer has completed a financial management program.
(6) DEPARTMENT AUTHORITY. (a) The department may approve providers of courses in farm financial management for the purposes of the beginning farmer educational credit under s. 71.07 (8r) (b) 1.
(b) The department may approve alternative documentation for the purposes of sub. (4) (c) 5.
(c) The department may assist beginning farmers to develop business plans for the purposes of sub. (4) (c) 3. and may assist in the negotiation of leases of farm assets that may enable persons to qualify for tax credits under s. 71.07 (8r), 71.28 (8r), or 71.47 (8r).
SECTION 9343. Initial applicability; Revenue.
(1) ETHANOL AND BIODIESEL FUEL PUMP CREDIT. The treatment of sections 71.07 (5j) (b) and 71.08 (1) (intro.) (as it relates to section 71.07 (5j)) of the statutes first applies retroactively to taxable years beginning after December 31, 2007.
(2) TECHNOLOGY ZONES CREDIT. The treatment of section 71.45 (2) (a) 10. (as it relates to section 71.47 (3g)) of the statutes first applies retroactively to taxable years beginning on or after January 1, 2002.
SECTION 9443. Effective dates; Revenue.
(1) TECHNOLOGY ZONES CREDIT. The treatment of section 71.45 (2) (a) 10. (as it relates to section 71.47 (3g)) of the statutes takes effect retroactively on January 1, 2002.
(End)
LRB-1281LRB-1281/2
RLR&RPN:kjf&wlj:rs
2009 - 2010 LEGISLATURE
DOA:......Wavrunek, BB0304 - Grants for digital recording equipment for custodial interrogations and for treatment alternatives and diversion program
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
crimes
Law enforcement
Under current law, the Office of Justice Assistance (OJA) administers a grant program to provide funding to law enforcement agencies for digital recording equipment for making audio or audio and visual recordings of custodial interrogations or for training personnel to use such equipment. This bill repeals the grant program.
Other crimes
Also under current law, OJA administers grants to counties to provide alternatives to prosecution and incarceration for criminal offenders who abuse alcohol or drugs. This bill appropriates a portion of revenues from the penalty surcharge on fines and forfeitures to fund grants for alternatives to prosecution and incarceration for criminal offenders who abuse alcohol or drugs.
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. 16.964 (10) of the statutes is repealed.
SECTION 2. 16.964 (12) (b) of the statutes is amended to read:
16.964 (12) (b) The office shall make grants to counties to enable them to establish and operate programs, including suspended and deferred prosecution programs and programs based on principles of restorative justice, that provide alternatives to prosecution and incarceration for criminal offenders who abuse alcohol or other drugs. The office shall make the grants from the appropriations under s. 20.505 (6) (b) and, (ku), and (kv). The office shall collaborate with the departments of corrections and health services in establishing this grant program.
SECTION 3. 20.455 (2) (i) 16. of the statutes is amended to read:
20.455 (2) (i) 16. The amount transferred to s. 20.505 (6) (kc) (kv) shall be the amount in the schedule under s. 20.505 (6) (kc) (kv).
SECTION 4. 20.505 (6) (kc) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
****NOTE: This is reconciled s. 20.505 (6) (kc). This SECTION has been affected by drafts with the following LRB numbers: -0329/2 and -1281/1.
SECTION 5. 20.505 (6) (kv) of the statutes is created to read:
20.505 (6) (kv) Alternatives to prosecution and incarceration for persons who use alcohol or other drugs; penalty surcharge. The amounts in the schedule for making grants to counties under s. 16.964 (12) (b). All moneys transferred from the appropriation account under s. 20.455 (2) (i) 16. shall be credited to this appropriation account.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
(End)
LRB-1282LRB-1282/5
RLR:wlj:rs
2009 - 2010 LEGISLATURE
DOA:......Wavrunek, BB0305 - Treatment Alternatives and Diversion program; Assess, Inform and Measure
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
crimes
Under current law, the Office of Justice Assistance (OJA) awards grants to counties to provide alternatives to prosecution and incarceration for criminal offenders who abuse alcohol or drugs. This bill requires OJA to provide a grant of $371,200 in each of calendar years 2010 and 2011 to the county with the highest crime rate among counties having a population of 500,000 or more, upon approval of the county's application for the grant.
The bill also requires OJA to provide $495,000 in each of calendar years 2010 and 2011 to the county that has the highest crime rate among counties having a population of 500,000 or more to perform presentencing assessments on a portion of the people convicted of a Class F, G, H, or I felony or a misdemeanor, for the purpose of providing courts information for sentencing decisions. This provision of funding is contingent upon OJA's approval of the county's plan for performing the presentencing assessments.
For further information see the state 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. 20.505 (6) (b) of the statutes is amended to read:
20.505 (6) (b) Alternatives to prosecution and incarceration for persons who use alcohol or other drugs; presentencing assessments. The amounts in the schedule for making grants to counties under s. 16.964 (12) (b) and 2009 Wisconsin Act .... (this act), section 9101 (2), and entering into contracts under s. 16.964 (12) (j) and for making grants under 2007 Wisconsin Act 20, section 9101 (4).
SECTION 9101. Nonstatutory provisions; Administration.
(1) ALTERNATIVES TO PROSECUTION AND INCARCERATION FOR PERSONS WHO USE ALCOHOL OR DRUGS. For each of calendar years 2010 and 2011, the office of justice assistance shall, from the appropriation under section 20.505 (6) (b) of the statutes, as affected by this act, award the county with the highest crime rate among counties having a population of 500,000 or more, as reported by the office, a grant under section 16.964 (12) (b) of the statutes in the amount of $371,200 if the county submits to the office by December 1 of the preceding year an application that demonstrates that the county shall use the grant funds to implement a program that satisfies the conditions under section 16.964 (12) (c) of the statutes.
(2) ASSESS, INFORM, AND MEASURE GRANT.
(a) From the appropriation under section 20.505 (6) (b) of the statutes, as affected by this act, the office of justice assistance shall provide the county that has the highest crime rate among counties having a population of 500,000 or more, as reported by the office, $495,000 in each of calendar years 2010 and 2011 to conduct presentencing assessments if the county submits to the office by December 1 of the preceding year a plan that provides for all of the following:
1. Identification of a target group of offenders, from among persons who are convicted of a Class F, G, H, or I felony or a misdemeanor, whom the county shall assess.
2. Assessment of offenders in the target group to determine the risk that they will commit further crimes, their needs that are directly related to criminal behavior, the likelihood that they will respond positively to community-based treatment for the assessed needs, and an assessment of the availability of community-based treatment programs to serve the offenders.
3. Collection and dissemination of information relating to the accuracy of assessments performed, the value and usefulness of information contained in the assessment reports for purposes of making sentencing decisions, the effectiveness of community-based treatment programs in addressing the assessed needs of offenders, and the effect of the treatment programs with respect to recidivism.
4. Annual evaluation of the plan.
(b) At least 50 percent of the assessments performed by a county with funding provided under this subsection shall be of persons subject to sentencing in connection with a felony.
(End)
LRB-1283LRB-1283/P2
PJH:kjf:jf
2009 - 2010 LEGISLATURE
DOA:......Silver, BB0322 - Expungement of certain misdemeanors and nonviolent felonies
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
courts and procedure
Circuit courts
Under current law, when a person is found guilty of a misdemeanor that the person commits before he or she was 21, the sentencing court may order that the record of the conviction be expunged when the person completes his or her sentence. The court must find that expungement would benefit the person and not harm society and the person may not commit another crime or have his or her probation revoked in order to be eligible for expungement.
Under this bill, a person is eligible to have his or her record of a conviction expunged if the conviction is for a misdemeanor or a nonviolent Class H or Class I felony that was committed before the person reached the age of 25 and the other current requirements for expungement are met.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 973.015 (title) of the statutes is amended to read:
973.015 (title) Misdemeanors, special Special disposition.
SECTION 2. 973.015 (1) (a) of the statutes is amended to read:
973.015 (1) (a) Subject to par. (b) and except as provided in par. (c), when a person is under the age of 21 25 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum penalty is period of imprisonment for one year or less in the county jail is 6 years, the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition. This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23 (2) (a).
SECTION 3. 973.015 (1) (c) of the statutes is created to read:
973.015 (1) (c) No court may order that a record of a conviction for a Class H or Class I felony that is a violent offense, as defined in s. 301.048 (2) (bm), be expunged.
SECTION 9309. Initial applicability; Circuit Courts
(1) EXPUNGEMENT. The treatment of section 973.015 (1) (a) and (c) of the statutes first applies to sentencing orders that occur on the effective date of this subsection.
(End)
LRB-1285LRB-1285/P3
PJH:kjf:rs
2009 - 2010 LEGISLATURE
DOA:......Wavrunek, BB0307 - Justice information fee; Office of Justice Assistance
For 2009-11 Budget -- Not Ready For Introduction
