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
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
courts and procedure
Circuit courts
Under current law, with a few exceptions, a person who filed a civil action, an action in small claims court, or a wage garnishment action or against whom a civil forfeiture is assessed pays a $12 justice information surcharge. Of that amount, $6 is credited to the consolidated court automation program (CCAP), $5 is credited to the automated justice information system, and $1 remains in the general fund. Additionally, under current law, moneys are appropriated from general purpose revenues and credited to DOA for assistance to indigent civil litigants.
This bill increases the justice information surcharge to $18. Under the bill, $6 is credited to CCAP, $7.50 is credited to the automated justice information system, $1.50 is credited to the Office of Justice Assistance for statistical gathering and analyses, $2 is credited to DOA for assistance to indigent civil litigants, replacing the appropriation from general purpose revenues, and $1 remains in the general fund.
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. 16.19 of the statutes is amended to read:
16.19 Civil legal services for the indigent. Annually, the department shall pay the amount appropriated under s. 20.505 (1) (e) (jc) to the Wisconsin Trust Account Foundation, Inc., to provide civil legal services to indigent persons. The Wisconsin Trust Account Foundation, Inc., shall distribute the amount received as grants to programs that provide civil legal services to indigent persons, and those programs may use the grant funds to match other federal and private grants. The grants may be used only for the purposes for which the funding was provided.
SECTION 2. 20.505 (1) (e) 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.
SECTION 3. 20.505 (1) (ja) of the statutes is amended to read:
20.505 (1) (ja) Justice information systems. The amounts in the schedule for the development and operation of automated justice information systems under s. 16.971 (9). Five-twelfths of the moneys Of each $18 received under s. 814.86 (1), $7.50 shall be credited to this appropriation account.
SECTION 4. 20.505 (1) (jc) of the statutes is created to read:
20.505 (1) (jc) Indigent civil legal services.
The amounts in the schedule to provide grants for the provision of civil legal services to indigent persons under s. 16.19. Of each $18 received under s. 814.86 (1), $2 shall be credited to this account.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 5. 20.505 (6) (kp) of the statutes is created to read:
20.505 (6) (kp) Data gathering and analysis. The amounts in the schedule for gathering and analyzing statistics on the justice system, including racial disparity, uniform crime reporting, and incident-based reporting. Of each $18 received under s. 814.86 (1), $1.50 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.
SECTION 6. 20.680 (2) (j) of the statutes is amended to read:
20.680 (2) (j) Court information systems. All moneys received under s. 758.19 (4m), all moneys received under ss. 814.61, 814.62, and 814.63 that are required to be credited to this appropriation account under those sections, and one-half of the moneys $6 of each $18 received under s. 814.86 (1) for the operation of circuit court automated information systems under s. 758.19 (4).
SECTION 7. 814.86 (1) of the statutes is amended to read:
814.86 (1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $12 $18 justice information system surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in sub. (1m).
(End)
LRB-1288LRB-1288/1
DAK:jld:rs
2009 - 2010 LEGISLATURE
DOA:......Fox, BB0318 - Nursing homes and CBRFs; contesting actions and receiverships
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Health
Currently, DHS may issue to nursing homes notices of violations of licensure laws and notations in biennial reports; may impose a plan of correction or reject a nursing home's plan of correction; and may assess forfeitures to nursing homes. A nursing home contests these actions by sending, within ten days after receipt of notice, a written request for a hearing to the Division of Hearings and Appeals that is attached to DOA. This bill changes the time period within which a nursing home may contest these DHS actions to 60 days.
Currently, DHS may place a monitor in, and the secretary of health services may petition for appointment of a receiver for, a nursing home or community-based residential facility (CBRF) when any of several conditions (for example, operating without a license or in the event of an emergency) exist. This bill specifies two additional conditions for placement of a monitor or petitioning for appointment of a receiver: 1) DHS or the nursing home or CBRF determines that estimated operating expenses of the nursing home or CBRF significantly exceed anticipated revenues; and 2) the nursing home or CBRF or its operator has been charged with or convicted of Medical Assistance (MA) fraud, fraud under the federal Medicare Program, or the abuse or neglect of residents of the nursing home or CBRF. The bill also permits a monitor placed in a nursing home or CBRF to assist in financial management.
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. 50.04 (4) (e) 1. of the statutes is amended to read:
50.04 (4) (e) 1. If a nursing home desires to contest any department action under this subsection, it shall send a written request for a hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1) within 10 60 days of receipt of notice of the contested action. Department action that is subject to a hearing under this subsection includes service of a notice of a violation of this subchapter or rules promulgated under this subchapter, a notation in the report under sub. (3) (b), imposition of a plan of correction, and rejection of a nursing home's plan of correction, but does not include a correction order. Upon the request of the nursing home, the division shall grant a stay of the hearing under this paragraph until the department assesses a forfeiture, so that its hearing under this paragraph is consolidated with the forfeiture appeal hearing held under sub. (5) (e). All agency action under this subsection arising out of a violation, deficiency, or rejection and imposition of a plan of correction shall be the subject of a single hearing. Unless a stay is granted under this paragraph, the division shall commence the hearing within 30 days of the request for hearing, within 30 days of the department's acceptance of a nursing home's plan of correction, or within 30 days of the department's imposition of a plan of correction, whichever is later. The division shall send notice to the nursing home in conformance with s. 227.44. Issues litigated at the hearing may not be relitigated at subsequent hearings under this paragraph arising out of the same violation or deficiency.
SECTION 2. 50.04 (5) (e) of the statutes is amended to read:
50.04 (5) (e) Forfeiture appeal hearing. A nursing home may contest an assessment of forfeiture by sending, within 10 60 days after receipt of notice of a contested action, a written request for hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days of receipt of the request for hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227. In any petition for judicial review of a decision by the division, the party, other than the petitioner, who was in the proceeding before the division shall be the named respondent.
SECTION 3. 50.05 (1) (dg) of the statutes is created to read:
50.05 (1) (dg) "Medicare" means 42 USC 1395 to 1395hhh.
SECTION 4. 50.05 (2) (g) of the statutes is created to read:
50.05 (2) (g) The department or the facility determines that estimated operating expenditures of the facility significantly exceed anticipated revenues for the facility.
SECTION 5. 50.05 (2) (h) of the statutes is created to read:
50.05 (2) (h) The facility or facility's operator has been charged with or convicted of an offense specified under s. 49.49 or 940.295, or a Medicare violation under 42 USC 1320a-7a, 1320a-7b, or 1320a-8.
SECTION 6. 50.05 (3) of the statutes is amended to read:
50.05 (3) MONITOR. In any situation described in sub. (2), the department may place a person to act as monitor in the facility. The monitor shall observe operation of the facility, assist the facility by advising it on how to comply with state regulations, and shall periodically submit to the department a written report periodically to the department on the operation of the facility. The monitor may assist in the financial management of the facility. The department may require payment by the operator or controlling person of the facility for the costs of placement of a person to act as monitor in the facility.
SECTION 9322. Initial applicability; Health Services.
(1) NURSING HOME CONTESTED ACTION OR FORFEITURE TIME LIMITS. The treatment of section 50.04 (4) (e) 1. and (5) (e) of the statutes first applies to a violation of subchapter I of chapter 50 of the statutes or of a rule promulgated under subchapter I of chapter 50 of the statutes that is committed on the effective date of this subsection.
(End)
LRB-1289LRB-1289/1
RAC:jld:md
2009 - 2010 LEGISLATURE
DOA:......Frederick, BB0317 - WRS Benefits for Educational Support Personnel Employees
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: retirement benefits provided to educational support personnel under the Wisconsin Retirement System.
Analysis by the Legislative Reference Bureau
retirement and group insurance
This bill increases Wisconsin Retirement System (WRS) benefits provided to an "educational support personnel employee" who is defined under current law as any school district employee other than a teacher, librarian, or administrator. The bill makes the following changes to the WRS:
1. Under current law, to become covered under the WRS, an individual must work for a covered employer at least one-third of what is considered full-time employment, as determined by DETF by rule. For all WRS participants, other than teachers, librarians, and administrators, DETF defines full-time employment to be 1,904 hours per year and one-third employment to be 600 hours per year. In contrast, for teachers, librarians, and administrators, DETF defines full-time employment to be 1,320 hours per year and one-third employment to be 440 hours per year. This bill requires that educational support personnel employees and teachers, librarians, and administrators must be treated the same in terms of qualifying for coverage under the WRS, with full-time employment for educational support personnel employees set at 1,320 hours per year.
2. Under current law, for early retirement purposes under the WRS, a participant, other than a teacher, librarian, or administrator, with at least 0.75 of a year of creditable service in any annual earnings period must be treated as having one year of creditable service for that annual earnings period. To be eligible for the treatment, the participant must have earned only a partial year of creditable service in at least five of the ten annual earnings periods immediately preceding the annual earnings period in which the participant terminated covered employment. This bill provides that, for early retirement purposes, a participant's amount of creditable service in any annual earnings period shall be treated as the amount of creditable service that a teacher, librarian, or administrator would earn for that annual earnings period. Because DETF defines full-time employment to be 1,320 hours per year for a teacher, librarian, or administrator, this bill will reduce the number of hours required for early retirement purposes for all other WRS participants, to qualify for a year of creditable service, from 1,428 hours to 1,320 hours per year.
Because this bill relates to public employee retirement or pensions, it may be referred to the Joint Survey Committee on Retirement Systems for a report to be printed as an appendix to the bill.
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. 40.22 (2m) (a) of the statutes is amended to read:
40.22 (2m) (a) At least one year for at least one-third of what is considered full-time employment by the department, as determined by rule, or, for an educational support personnel employee, at least one year for at least one-third of what is considered full-time employment for a teacher.
SECTION 2. 40.23 (2m) (fm) of the statutes is amended to read:
