AB75: Bill Text

AB75, s. 3401 Section 3401. 980.036 (10) of the statutes is amended to read:

AB75,1647,21 980.036 (10) Payment of copying costs in cases involving indigent respondents. When the state public defender or a private attorney appointed under s. 977.08 requests copies, in any format, of any item that is discoverable under this section, the state public defender shall pay any fee charged for the copies from the appropriation account under s. 20.550 (1) (a). If the person providing copies under this section charges the state public defender a fee for the copies, the fee may not exceed the actual, necessary, and, direct cost of providing the copies applicable maximum fee for copies of discoverable materials that is established by rule under s. 977.02 (9).

AB75, s. 3402 Section 3402. 980.08 (9) (a) of the statutes is renumbered 980.08 (9) (a) 1. and amended to read:

AB75,1648,3 980.08 (9) (a) 1. As a condition of supervised release granted under this chapter, for the first year of supervised release, the court shall restrict the person on supervised release to the person's home except for outings that are under the direct supervision of a department of corrections escort and that are for employment purposes, for religious purposes, or for caring for the person's basic living needs.

AB75, s. 3403 Section 3403. 980.08 (9) (a) 2. of the statutes is created to read:

AB75,1648,8 980.08 (9) (a) 2. As a rule of supervised release granted under this chapter, for the first year of supervised release, the department may restrict any person taking any outing under subd. 1. to be under the direct supervision of a department of corrections escort.

AB75, s. 3404 Section 3404. 980.08 (9) (b) of the statutes is amended to read:

AB75,1648,11 980.08 (9) (b) The department of corrections may contract for the escort services under par. (a) 2.

AB75, s. 3405 Section 3405. 980.11 (1) (b) of the statutes is amended to read:

AB75,1648,14 980.11 (1) (b) "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.

AB75, s. 3406 Section 3406. 2005 Wisconsin Act 25, section 9101 (4) (b) and (c), as last amended by 2007 Wisconsin Act 20, section 3936, is amended to read:

AB75,1649,5 [2005 Wisconsin Act 25] Section 9101 (4) (b) The department of administration may offer any parcel of state-owned real property for sale in accordance with section 16.848 of the statutes, as created by this act, if the property is eligible for sale under that section and this subsection. If the department of administration receives an offer to purchase the property, the secretary of administration may submit a report to the secretary of the building commission recommending acceptance of the offer. The report shall contain a description of the property and the reasons for the recommendation. The secretary of administration may recommend the sale of a property with or without approval of the state agency having jurisdiction of the property. If, during the period on or before June 30, 2007, or the period beginning on the effective date of this paragraph October 27, 2007, and ending on June 30, 2009, or the period beginning on the effective date of this paragraph and ending on June 30, 2011, the building commission votes to approve the offer to purchase the property, the department of administration may sell the property.

AB75,1649,9 (c) This subsection does not apply during the period beginning after June 30, 2007 and ending the day before the effective date of this paragraph on October 26, 2007, nor during the period beginning after June 30, 2009, and ending before the effective date of this paragraph, nor during the period after June 30, 2011.

AB75, s. 3407 Section 3407. 2005 Wisconsin Act 25, section 9152 (5), as last affected by 2007 Wisconsin Act 20, section 3937, is renumbered 36.335 of the statutes and amended to read:

AB75,1650,4 36.335 Sale of real property other land; buildings and structures. If Except as provided in s. 36.33, if the Board of Regents of the University of Wisconsin System sells any real property under its jurisdiction during the period prior to July 1, 2007, and the period beginning on the effective date of this subsection October 27, 2007, and ending on June 30, 2009, and the period beginning on the effective date of this section .... [LRB inserts date], the board shall credit the net proceeds of the sale to the appropriation account under section s. 20.285 (1) (iz) of the statutes, as affected by this act, except that if there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold, the board shall deposit a sufficient amount of the net proceeds from the sale of the property in the bond security and redemption fund under section s. 18.09 of the statutes to repay the principal and pay the interest on the debt, and any premium due upon refunding any of the debt. If the property was acquired, constructed, or improved with federal financial assistance, the board shall pay to the federal government any of the net proceeds required by federal law. If the property was acquired by gift or grant or acquired with gift or grant funds, the board shall adhere to any restriction governing use of the proceeds.

AB75, s. 3408 Section 3408 . 2005 Wisconsin Act 25, section 9155 (1w) (b), as last affected by 2007 Wisconsin Act 5, is amended to read:

AB75,1650,13 [2005 Wisconsin Act 25] Section 9155 (1w) (b) On June 30, 2009, 2011, the secretary of administration shall eliminate up to 13.0 FTE attorney positions in all state agencies that are vacant on that date are eliminated. If fewer than 13.0 FTE attorney positions in all state agencies are vacant on June 30, 2009, there are eliminated the requisite number of FTE attorney positions, as identified by the secretary of administration, so that a total of 13.0 FTE attorney positions are eliminated.

AB75, s. 3409 Section 3409. 2007 Wisconsin Act 20, section 1878d is repealed.

AB75, s. 3410 Section 3410. 2007 Wisconsin Act 20, section 9121 (6d) is renumbered 253.16 of the statutes, and 253.16 (2), (3) (intro.), (c) and (e) and (4) (intro.), (b) and (c), as renumbered, are amended to read:

AB75,1650,22 253.16 (2) In a county with a population of at least 190,000 but less than 230,000, from the appropriation account under section s. 20.435 (5) (1) (eu) of the statues, as created by this act, the department of health and family services shall distribute $250,000 in each state fiscal years year to the city health department to provide a program of services to reduce fetal and infant mortality and morbidity.

AB75,1651,3 (3) (intro.) Notwithstanding section s. 251.08 of the statutes, in implementing the program under paragraph (b) sub. (2), the city health department shall, directly or by contract, do all of the following in or on behalf of areas of the county that are encompassed by the zip codes 53402 to 53406 and that are at risk for high fetal and infant mortality and morbidity, as determined by the department of health and family services:

AB75,1651,9 (c) Develop and implement models of care for all women in the areas who meet risk criteria, as specified by the department of health and family services, and provide comprehensive prenatal and postnatal care coordination and other services, including home visits, by registered nurses who are public health nurses or who meet the qualifications of public health nurses, as specified in section s. 250.06 (1) of the statutes, or by social workers, as defined in section s. 252.15 (1) (er) of the statutes.

AB75,1651,11 (e) Evaluate the quality and effectiveness of the services provided under subdivisions 3. and 4 pars. (c) and (d).

AB75,1651,17 (4) (intro.) the The city health department shall prepare a report on fetal and infant mortality and morbidity in areas of the county that are encompassed by the zip codes 53402 to 53406. The report shall be derived, at least in part, from a multidisciplinary review of all fetal and infant deaths in the relevant year and shall specify causation found for the mortality and morbidity. The city health department shall submit the report to all of the following:

AB75,1651,18 (b) The department of health and family services.

AB75,1651,20 (c) The legislature, in the manner provided under section s. 13.172 (3) of the statutes.

AB75, s. 3411 Section 3411. 2007 Wisconsin Act 20, section 9122 (1) is repealed.

AB75, s. 3412 Section 3412. 2007 Wisconsin Act 20, section 9201 (1c) (a) is amended to read:

AB75,1652,6 [2007 Wisconsin Act 20] Section 9201 (1c) (a) Notwithstanding sections 20.001 (3) (a) to (c) and 25.40 (3) of the statutes, but subject to paragraph (d), the secretary of administration shall lapse to the general fund or transfer to the general fund from the unencumbered balances of state operations appropriations to executive branch state agencies, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $200,000,000 during the 2007-09 fiscal biennium and $200,000,000 during the 2009-11 fiscal biennium. This paragraph shall not apply to appropriations to the Board of Regents of the University of Wisconsin System and to the technical college system board.

AB75, s. 3413 Section 3413. 2007 Wisconsin Act 20, section 9201 (1c) (b) is amended to read:

AB75,1652,15 [2007 Wisconsin Act 20] Section 9201 (1c) (b) Notwithstanding section 20.001 (3) (a) to (c) of the statutes, but subject to paragraph (d), the secretary of administration shall lapse to the general fund or transfer to the general fund from the unencumbered balances of appropriations to the Board of Regents of the University of Wisconsin System, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $25,000,000 during the 2007-09 fiscal biennium and $25,000,000 during the 2009-11 fiscal biennium from moneys allocated for University of Wisconsin System and campus administration.

AB75, s. 3414 Section 3414. 2007 Wisconsin Act 20, section 9201 (1c) (c) is amended to read:

AB75,1652,23 [2007 Wisconsin Act 20] Section 9201 (1c) (c) Notwithstanding section 20.001 (3) (a) to (c) of the statutes, but subject to paragraph (d), the secretary of administration shall lapse to the general fund or transfer to the general fund from the unencumbered balances of appropriations to the technical college system board, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $1,000,000 during the 2007-09 fiscal biennium and $1,000,000 during the 2009-11 fiscal biennium.

AB75, s. 3415 Section 3415. 2007 Wisconsin Act 20, section 9441 (6n) is repealed.

AB75, s. 9101 Section 9101. Nonstatutory provisions; Administration.

AB75,1653,1 (1) Public service commission transfers.

AB75,1653,2 (a) Definitions. In this subsection:

AB75,1653,3 1. "Commission" means the public service commission.

AB75,1653,4 2. "Department" means the department of administration.

AB75,1653,5 3. "Division" means the division of energy of the department of administration.

AB75,1653,6 4. "Secretary" means the secretary of administration.

AB75,1653,9 (b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department that are primarily related to the division, as determined by the secretary, shall become the assets and liabilities of the commission.

AB75,1653,14 (c) Positions and employees. On the effective date of this paragraph, the secretary shall transfer any number of positions in the department, except for the administrator of the division, and shall transfer the incumbent employees holding those positions, to the commission for the performance of duties under sections 196.3742, 196.3744, and 196.3746 of the statutes, as affected by this act.

AB75,1653,20 (d) Employee status. Employees transferred under paragraph (c ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the commission that they enjoyed in the department immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB75,1653,24 (e) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department that is primarily related to the division, as determined by the secretary, is transferred to the commission.

AB75,1654,5 (f) Contracts. All contracts entered into by the department in effect on the effective date of this paragraph that are primarily related to the division, as determined by the secretary, remain in effect and are transferred to the commission. The commission shall carry out any obligations under those contracts unless modified or rescinded by the commission to the extent allowed under the contract.

AB75,1654,11 (g) Rules and orders. All rules promulgated by the department in effect on the effective date of this paragraph that are primarily related to the division remain in effect until their specified expiration dates or until amended or repealed by the commission. All orders issued by the department in effect on the effective date of this paragraph that are primarily related to the division remain in effect until their specified expiration dates or until modified or rescinded by the commission.

AB75,1654,16 (h) Pending matters. Any matter pending with the department on the effective date of this paragraph that is primarily related to the division, as determined by the secretary, is transferred to the commission. All materials submitted to or actions taken by the department with respect to the pending matters are considered as having been submitted to or taken by the commission.

AB75,1654,17 (2) Low-income assistance fee.

AB75,1654,18 (a) Definitions. In this subsection:

AB75,1654,21 1. "Federal economic stimulus funds" means federal moneys received by the state, pursuant to federal legislation enacted during the 111th Congress for the purpose of reviving the economy of the United States.

AB75,1654,24 2. "Low-income assistance fee" means the fee that an electric utility, as defined in section 16.957 (1) (g) of the statutes is required to charge customers under section 16.957 (4) (a) of the statutes.

AB75,1655,4 3. "Stimulus portion" means the portion of moneys received under 42 USC 6861 to 6873 and 42 USC 8621 to 8629 in a fiscal year that is attributable to, as determined by the secretary of administration, the federal economic stimulus funds received in that fiscal year.

AB75,1655,9 (b) Fee calculation. Notwithstanding section 16.957 (4) (c) 1. of the statutes, in determining the amount of the low-income assistance fee for fiscal years 2009-10 and 2010-11, the stimulus portion received in the fiscal year shall be deducted from the sum of the amounts specified in section 16.957 (4) (c) 1. a. to c. of the statutes for that fiscal year.

AB75,1655,20 (c) Emergency rules. Using the procedure under section 227.24 of the statutes, the department of administration shall, no later than December 31, 2009, promulgate rules establishing the amount of the low-income assistance fee for fiscal years 2009-10 and 2010-11. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, these emergency rules may remain in effect until the effective date of any permanent rules promulgated by the department to implement the requirements of paragraph (b). Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

AB75,1656,5 (3) 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, as affected by this act, 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.

AB75,1656,6 (4) Assess, inform, and measure grant.

AB75,1656,12 (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:

AB75,1656,15 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.

AB75,1656,20 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.

AB75,1656,25 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.

AB75,1657,1 4. Annual evaluation of the plan.

AB75,1657,4 (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.

AB75,1657,5 (5) Wisconsin Covenant Scholars Program.

AB75,1657,9 (a) Rules. The department of administration shall submit in proposed form the rules required under section 39.437 (5) of the statutes, as affected by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 12th month beginning after the effective date of this paragraph.

AB75,1657,19 (b) Emergency rules. Using the procedure under section 227.24 of the statutes, the department of administration may promulgate the rules required under section 39.437 (5) of the statutes, as affected by this act, for the period before the effective date of the permanent rules submitted under paragraph (a ), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of administration is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

AB75,1657,20 (6) Youth diversion grant reductions.

AB75,1657,25 (a) Notwithstanding the amount specified under section 16.964 (8) (a) of the statutes, as affected by this act, the office of justice assistance in the department of administration shall reduce the amount of money allocated under section 16.964 (8) (a) of the statutes, as affected by this act, by $20,400 in each of fiscal years 2009-10 and 2010-11.

AB75,1658,10 (b) Notwithstanding the amounts specified under section 16.964 (8) (c) of the statutes, as affected by this act, the office of justice assistance in the department of administration shall reduce the amount of money allocated for each of the 4 contracts that are funded with moneys from the appropriation accounts under section 20.505 (1) (kh) of the statutes, as created by this act, and section 20.505 (6) (d) and (kj) of the statutes, as affected by this act, by $11,800 in each of fiscal years 2009-10 and 2010-11 and shall reduce the amount of money allocated for the contract that is funded only with moneys from the appropriation account under section 20.505 (6) (kj) of the statutes, as affected by this act, by $9,000 in each of fiscal years 2009-10 and 2010-11.

AB75,1658,11 (7) Transfer of maintenance staff to the department of administration.

AB75,1658,14 (a) In this subsection, "executive branch state agency" means any office, department, or independent agency in the executive branch of state government, other than the department of administration.

AB75,1658,17 (b) The secretary of administration may abolish any authorized FTE position to any executive branch state agency that is responsible for the performance of building maintenance functions for the agency.

AB75,1658,22 (c) The secretary of administration, with the assistance of the chief administrative officer of each executive branch state agency, shall identify employees of executive branch state agencies whose positions are abolished under paragraph (b). The secretary of administration may transfer any employee so identified to the department of administration.

AB75,1659,4 (d) Employees transferred to the department of administration under paragraph (c) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of administration that they enjoyed in the executive branch state agencies from which they were transferred immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB75,1659,9 (e) The authorized FTE positions for the department of administration, funded from the appropriation under section 20.505 (5) (ka) of the statutes, as affected by this act, are increased by the number of individuals transferred to the department of administration under paragraph (c ), for the purpose of providing maintenance services to state agencies. Such positions shall be PR positions.

AB75,1659,11 (8) Transfer of human resources staff to the office of employment relations.

AB75,1659,14 (a) In this subsection, "executive branch state agency" means any office, department, or independent agency in the executive branch of state government, other than the Board of Regents of the University of Wisconsin System.

AB75,1659,18 (b) Before July 1, 2011, the secretary of administration, with the assistance of the director of the office of state employment relations, shall identify and abolish all authorized FTE positions to executive branch state agencies that are responsible for the performance of human relations functions for those agencies.

AB75,1659,23 (c) The secretary of administration, with the assistance of the chief administrative officer of each executive branch state agency, shall identify employees of executive branch state agencies whose positions are abolished under paragraph (b). The secretary of administration may transfer any employee so identified to the office of state employment relations.

AB75,1660,5 (d) Employees transferred to the office of state employment relations under paragraph (c) shall have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the office of state employment relations that they enjoyed in the executive branch state agencies from which they were transferred immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB75,1660,10 (e) The authorized FTE positions for the office of state employment relations, funded from the appropriation under section 20.545 (1) (k) of the statutes, as affected by this act, are increased by the number of individuals transferred to the office of state employment relations under paragraph (c ), for the purpose of providing human resources services to state agencies. Such positions shall be PR positions.

AB75,1660,14 (f) During the 2009-10 and the 2010-11 fiscal years, the secretary of administration shall submit to the cochairpersons of the joint committee on finance a report on the implementation of the transfer of employees who perform human relations functions to the office of state employment relations.

AB75,1660,15 (9) Transfer of coastal zone management functions.

AB75,1660,20 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration that are primarily related to its coastal zone management functions, as determined by the secretary of administration, shall become assets and liabilities of the department of natural resources.

AB75,1660,25 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration that is primarily related to its coastal zone management functions as determined by the secretary of administration, is transferred to the department of natural resources.

AB75,1661,7 (c) Contracts. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to its coastal zone management functions, as determined by the secretary of administration, are transferred to the department of natural resources. The department of natural resources shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the department of natural resources to the extent allowed under the contract.

AB75,1661,15 (d) Rules and orders. All rules promulgated by the department of administration that are primarily related to its coastal zone management functions and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of natural resources. All orders issued by the department of administration that are primarily related to its coastal zone management functions and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of natural resources.

AB75,1661,21 (e) Pending matters. Any matter pending with the department of administration that is primarily related to its coastal zone management functions on the effective date of this paragraph is transferred to the department of natural resources, and all materials submitted to or actions taken by the department of administration with respect to the pending matter are considered as having been submitted to or taken by the department of natural resources.

AB75,1662,2 (10) Child advocacy center grant reductions. Notwithstanding the amount specified under section 16.964 (14) (intro.) of the statutes, as affected by this act, the office of justice assistance in the department of administration shall reduce the amount of money provided for each of the child advocacy centers listed in section 16.964 (14) (a) to (L) of the statutes by $200 in each of fiscal years 2009-10 and 2010-11.