Amendment ASA1-AB40

AB40-ASA1, s. 3544 Section 3544. 973.01 (4m) of the statutes is repealed.

AB40-ASA1, s. 3545 Section 3545. 973.01 (7) of the statutes is amended to read:

AB40-ASA1,1394,2 973.01 (7) Discharge No discharge. The department of corrections shall may not discharge a person who is serving a bifurcated sentence from custody, control and supervision when until the person has served the entire bifurcated sentence, as modified under sub. (4m) or s. 302.113 (2) (b) or (9h), 302.1135, or 304.06 (1), if applicable.

AB40-ASA1, s. 3547 Section 3547. 973.045 (1r) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,1394,5 973.045 (1r) (a) (intro.) The clerk shall record any crime victim and witness surcharge imposed under sub. (1) in 2 parts as follows:

AB40-ASA1, s. 3548 Section 3548. 973.045 (1r) (a) 2. of the statutes is amended to read:

AB40-ASA1,1394,8 973.045 (1r) (a) 2. Part B equals $27 $20 for each misdemeanor offense or count and $27 $20 for each felony offense or count.

AB40-ASA1, s. 3549 Section 3549. 973.045 (1r) (a) 3. of the statutes is created to read:

AB40-ASA1,1394,11 973.045 (1r) (a) 3. Part C equals $7 for each misdemeanor offense or count and $7 for each felony offense or count.

AB40-ASA1, s. 3550 Section 3550. 973.045 (2m) of the statutes, as affected by 2009 Wisconsin Act 28, section 3391c, is amended to read:

AB40-ASA1,1394,16 973.045 (2m) (a) The secretary of administration shall credit to the appropriation account under s. 20.455 (5) (gc) the first $20 of part B of the crime victim and witness surcharge.

AB40-ASA1,1394,20 (b) The secretary of administration shall credit to the appropriation account under s. 20.455 (5) (g) part A of the crime victim and witness surcharge and any part of part B C of the crime victim and witness surcharge that remains after the secretary of administration complies with par. (a).

AB40-ASA1, s. 3551 Section 3551. 973.045 (3) (c) of the statutes is created to read:

AB40-ASA1,1394,24 973.045 (3) (c) The person paying the crime victim and witness surcharge shall pay all of the moneys due under part A and part B before he or she pays any of the moneys due under part C.

AB40-ASA1, s. 3552 Section 3552. 973.05 (2m) (dg) of the statutes is created to read:

AB40-ASA1,1395,2 973.05 (2m) (dg) To payment of part C of the crime victim and witness assistance surcharge until paid in full.

AB40-ASA1, s. 3552m Section 3552m. 973.06 (1) (j) of the statutes is created to read:

AB40-ASA1,1395,13 973.06 (1) (j) If the defendant violated s. 23.33 (4c), 30.681, 346.63, 350.101, 940.09 (1), or 940.25, any costs charged to or paid by a law enforcement agency for the withdrawal of the defendant's blood, except that the court may not impose on the defendant any cost for an alternative test provided free of charge as described in s. 343.305 (4). If at the time the court finds that the defendant committed the violation, the law enforcement agency has not paid or been charged with the costs of withdrawing the person's blood, the court shall impose and collect the costs the law enforcement agency reasonably expects to be charged for the withdrawal, based on the current charges for this procedure. Notwithstanding sub. (2), the court may not remit these costs.

AB40-ASA1, s. 3553 Section 3553. 973.09 (3) (d) of the statutes is repealed.

AB40-ASA1, s. 3554 Section 3554. 973.195 (1r) (a) of the statutes is amended to read:

AB40-ASA1,1395,22 973.195 (1r) (a) An Except as provided in s. 973.198, an inmate who is serving a sentence imposed under s. 973.01 before October 1, 2009, for a crime other than a Class B felony may petition the sentencing court to adjust the sentence if the inmate has served at least the applicable percentage of the term of confinement in prison portion of the sentence. If an inmate is subject to more than one sentence imposed under this section, the sentences shall be treated individually for purposes of sentence adjustment under this subsection.

AB40-ASA1, s. 3555 Section 3555. 973.195 (1r) (j) of the statutes is repealed.

AB40-ASA1, s. 3556 Section 3556. 973.198 of the statutes is created to read:

AB40-ASA1,1396,6 973.198 Sentence adjustment; positive adjustment time. (1) Subject to sub. (2), an inmate who is serving a sentence imposed under s. 973.01 on or after October 1, 2009, but before the effective date of this subsection .... [LRB inserts date], and who has earned positive adjustment time under s. 302.113, 2009 stats., or under s. 304.06, 2009 stats., may petition the sentencing court to adjust the sentence under this section.

AB40-ASA1,1396,12 (2) When the department of corrections determines that an inmate has served the confinement portion of his or her sentence less positive adjustment time earned between October 1, 2009, and the effective date of this subsection .... [LRB inserts date], the inmate may petition the sentencing court to adjust his or her sentence based on the number of days of positive adjustment time the inmate claims that he or she has earned.

AB40-ASA1,1396,15 (3) Within 60 days of receipt of a petition filed under sub. (2), the sentencing court shall either deny the petition or hold a hearing and issue an order relating to the inmate's sentence adjustment and release to extended supervision.

AB40-ASA1,1396,18 (4) At the hearing under sub. (3), the court may consider the inmate's conduct in prison, his or her level of risk of reoffending, based on a verified, objective instrument, and the nature of the offense committed by the inmate.

AB40-ASA1,1396,23 (5) If the court determines that the inmate has earned positive adjustment time, the court may reduce the term of confinement in prison by the amount of time remaining in the term of confinement in prison portion of the sentence, less up to 30 days, and shall lengthen the term of extended supervision so that the total length of the bifurcated sentence originally imposed does not change.

AB40-ASA1,1396,25 (6) An inmate who submits a petition under this section may not apply for adjustment of the same sentence under s. 973.195.

AB40-ASA1, s. 3557 Section 3557. 974.07 (4) (b) of the statutes is amended to read:

AB40-ASA1,1397,9 974.07 (4) (b) Notwithstanding the limitation on the disclosure of mailing addresses from completed information cards submitted by victims under ss. 51.37 (10) (dx), 301.046 (4) (d), 301.048 (4m) (d), 301.38 (4), 302.105 (4), 304.06 (1) (f), 304.063 (4), 938.51 (2), 971.17 (6m) (d), and 980.11 (4), the department of corrections, the earned release review parole commission, and the department of health services shall, upon request, assist clerks of court in obtaining information regarding the mailing address of victims for the purpose of sending copies of motions and notices of hearings under par. (a).

AB40-ASA1, s. 3558 Section 3558. 976.03 (23) (c) of the statutes is amended to read:

AB40-ASA1,1397,22 976.03 (23) (c) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by 2 certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to a judge, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, earned release review parole commission, warden or sheriff may also attach such further affidavits and other documents in duplicate as he, she or it deems proper to be submitted with the application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the governor to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition.

AB40-ASA1, s. 3559d Section 3559d. 977.02 (3) (b) of the statutes is amended to read:

AB40-ASA1,1398,6 977.02 (3) (b) Subject to par. (d), consider assets in the manner described in s. 49.145 (3) (a) and treat assets as available to the person to pay the costs of legal representation if the assets exceed the resource limitations under s. 49.145 (3) (a), except that $2,500 in combined equity value. In determining the combined equity value of assets, the representative of the state public defender shall exclude only the equity value of vehicles up to a total equity value of $10,000 and shall exclude the first $30,000 of the equity value of the home that serves as the individual's homestead.

AB40-ASA1, s. 3559h Section 3559h. 977.02 (3) (c) of the statutes is amended to read:

AB40-ASA1,1398,20 977.02 (3) (c) Subject to par. (d), treat income as available to the person to pay the costs of legal representation only if the gross income exceeds the income limitations in s. 49.145 (3) (b) 115 percent of the federal poverty guideline, as defined in 42 USC 9902 (2) (2011). In calculating gross income under this paragraph, the representative of the state public defender shall include all earned and unearned income of the person, except any amount received under section 32 of the Internal Revenue Code, as defined in s. 71.01 (6), any amount received under s. 71.07 (9e), any payment made by an employer under section 3507 of the Internal Revenue Code, as defined in s. 71.01 (6), any student financial aid received under any federal or state program, any scholarship used for tuition and books, and any assistance received under s. 49.148. In determining the earned and unearned income of the individual, the representative of the state public defender may not include income earned by a dependent child of the person.

AB40-ASA1, s. 3560 Section 3560. 977.05 (4) (jm) of the statutes is amended to read:

AB40-ASA1,1399,2 977.05 (4) (jm) At the request of an inmate determined by the state public defender to be indigent or upon referral of the department of corrections a court under s. 302.1135 (10) 302.113 (9g) (j), represent the inmate in proceedings for modification of a bifurcated sentence under s. 302.1135 before the earned release review commission 302.113 (9g) before a program review committee and the sentencing court, if the state public defender determines the case should be pursued.

AB40-ASA1, s. 3561 Section 3561. 978.05 (6) (b) of the statutes is amended to read:

AB40-ASA1,1399,6 978.05 (6) (b) Enforce the provisions of all general orders of the department of commerce safety and professional services relating to the sale, transportation and storage of explosives.

AB40-ASA1, s. 3562 Section 3562. 990.01 (7g) of the statutes is amended to read:

AB40-ASA1,1399,9 990.01 (7g) Fire chief. "Fire chief" or "chief of a fire department" includes the chief of a department under s. 60.553, 61.66, or 62.13 (2e).

AB40-ASA1, s. 3563 Section 3563. 990.01 (7m) of the statutes is amended to read:

AB40-ASA1,1399,12 990.01 (7m) Fire department. "Fire department" includes a department under s. 60.553, 61.66, or 62.13 (2e).

AB40-ASA1, s. 3564 Section 3564. 990.01 (7r) of the statutes is amended to read:

AB40-ASA1,1399,15 990.01 (7r) Fire fighter. "Fire fighter" includes a person serving under s. 60.553, 61.66, or 62.13 (2e).

AB40-ASA1, s. 3565 Section 3565. 990.01 (28g) of the statutes is amended to read:

AB40-ASA1,1399,18 990.01 (28g) Police chief. "Police chief" or "chief of a police department" includes the chief of a department under s. 60.553, 61.66, or 62.13 (2e).

AB40-ASA1, s. 3566 Section 3566. 990.01 (28m) of the statutes is amended to read:

AB40-ASA1,1399,21 990.01 (28m) Police department. "Police department" includes a department under s. 60.553, 61.66, or 62.13 (2e).

AB40-ASA1, s. 3567 Section 3567. 990.01 (28r) of the statutes is amended to read:

AB40-ASA1,1399,24 990.01 (28r) Police officer. "Police officer" includes a person serving under s. 60.553, 61.66, or 62.13 (2e).

AB40-ASA1, s. 3567g Section 3567g. 995.30 of the statutes is created to read:

AB40-ASA1,1400,4 995.30 Ronald W. Reagan Day. February 6 is designated as Ronald W. Reagan Day. Appropriate exercises and celebrations may be held on that day, his birthday, to honor him and remember him as the 40th President of the United States and a promoter of freedom and democracy throughout the world.

AB40-ASA1, s. 3567m Section 3567m. 2009 Wisconsin Act 28, section 9150 (1) is repealed.

AB40-ASA1, s. 3567o Section 3567o. 2005 Wisconsin Act 25, section 9101 (4) (b) and (c), as last amended by 2009 Wisconsin Act 28, section 3406, is repealed.

AB40-ASA1, s. 3567p Section 3567p. 2009 Wisconsin Act 15, section 31 (1) (e) is repealed.

AB40-ASA1, s. 3568 Section 3568. 2009 Wisconsin Act 333, section 20 (2) is amended to read:

AB40-ASA1,1400,19 [2009 Wisconsin Act 333] Section 20 (2) Publish notice in the Wisconsin Administrative Register that funding is not available. If, after making the determination under subsection (1m), the department of children and families determines that federal moneys from the Temporary Assistance for Needy Families Emergency Fund under the American Recovery and Reinvestment Act of 2009 are no longer available to support an expansion of trial jobs under section 49.147 (3) of the statutes, as affected by this act, and the project under section 49.162 of the statutes, as affected by this act, the department shall publish a notice in the Wisconsin Administrative Register that states the date on which the federal moneys may no longer be obtained.

AB40-ASA1, s. 3569 Section 3569. 2009 Wisconsin Act 333, section 20 (5) is amended to read:

AB40-ASA1,1400,25 [2009 Wisconsin Act 333] Section 20 (5) Additional funding for programs. If any other federal funding becomes available for the programs program under sections section 49.147 (3) and 49.162 of the statutes, as affected by this act, the department of children and families shall take any actions that may be necessary to obtain the funding and use it for those programs that program.

AB40-ASA1, s. 3570 Section 3570. 2009 Wisconsin Act 333, section 22 (2) is amended to read:

AB40-ASA1,1401,6 [2009 Wisconsin Act 333] Section 22 (2) The repeal of sections section 49.147 (3) (cm) and (dm) and 49.162 (3) (am) and (d) of the statutes and the amendment of sections section 49.147 (3) (a) (by Section 4) and 49.162 (3) (a) (by Section 10) of the statutes take effect on the date stated in the notice published by the department of children and families under Section 20 (2) of this act.

AB40-ASA1, s. 9101 Section 9101. Nonstatutory provisions; Administration.

AB40-ASA1,1401,8 (1) Youth diversion grant reductions.

AB40-ASA1,1401,12 (a) Notwithstanding the amount specified under section 16.964 (8) (a) of the statutes, 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 by $85,900 in each of fiscal years 2011-12 and 2012-13.

AB40-ASA1,1401,16 (b) Notwithstanding the amount specified under section 16.964 (8) (b) of the statutes, the office of justice assistance in the department of administration shall reduce the amount of money distributed under section 16.964 (8) (b) of the statutes by $18,400 in each of fiscal years 2011-12 and 2012-13.

AB40-ASA1,1401,24 (c) Notwithstanding the amounts specified under section 16.964 (8) (c) of the statutes, 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 (6) (d) and (kj) of the statutes by $25,650 in each of fiscal years 2011-12 and 2012-13 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 by $18,100 in each of fiscal years 2011-12 and 2012-13.

AB40-ASA1,1402,6 (1u) Energy efficiency study of state-owned buildings. The department of administration shall conduct a study concerning the feasibility of installing energy-efficient heating, ventilating, and air conditioning systems in state-owned buildings to conserve energy and save money. The department shall report its findings and recommendations to the members of the joint committee on finance no later than December 1, 2011.

AB40-ASA1,1402,14 (2) Literacy initiative; governor's task force. A task force created by the governor by executive order and charged with developing detailed recommendations for a program to assess and improve literacy in elementary school children may request the department of administration to release funding from the department's appropriation account under section 20.505 (4) (c) of the statutes, as created by this act, for use by the department to implement the recommendations of the task force after the governor has approved the detailed recommendations proposed by the task force.

AB40-ASA1,1403,5 (2u) Cost-benefit analysis for Veterans Home at Chippewa Falls. Notwithstanding section 16.705 (1p) of the statutes, as created by this act, the department of administration shall conduct a cost-benefit analysis on the initial contract for the operation and staffing of the Veterans Home at Chippewa Falls as provided by section 45.50 (2m) (c) of the statutes, as created by this act. The analysis shall be a comprehensive study to identify and compare the total cost, quality, technical expertise, and timeliness of a service performed by state employees and resources with the total cost, quality, technical expertise, and timeliness of the same service obtained by means of a contract for contractual services. The department of administration shall submit the results of the cost-benefit analysis to the joint committee on finance by February 1, 2012, or before the department of veterans affairs enters into the initial contract for the operation and staffing of the home, whichever occurs first. The contract entered into must contain a performance guarantee requirement that states that, during the contract period, the Wisconsin Veterans Home at Chippewa Falls must maintain an overall star rating that is at least equal to four stars.

AB40-ASA1,1403,6 (3) Elimination of office of the Wisconsin Covenant Scholars Program.

AB40-ASA1,1403,9 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the office of the Wisconsin Covenant Scholars Program shall become the assets and liabilities of the higher educational aids board.

AB40-ASA1,1403,12 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the office of the Wisconsin Covenant Scholars Program is transferred to the higher educational aids board.

AB40-ASA1,1403,18 (c) Contracts. All contracts entered into by the office of the Wisconsin Covenant Scholars Program in effect on the effective date of this paragraph remain in effect and are transferred to the higher educational aids board. The higher educational aids board shall carry out any obligations under such a contract until the contract is modified or rescinded by the higher educational aids board to the extent allowed under the contract.

AB40-ASA1,1403,25 (d) Rules and orders. All rules promulgated by the office of the Wisconsin Covenant Scholars Program 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 higher educational aids board. All orders issued by the office of the Wisconsin Covenant Scholars Program 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 higher educational aids board.

AB40-ASA1,1404,6 (e) Pending matters. Any matter pending with the office of the Wisconsin Covenant Scholars Program on the effective date of this paragraph is transferred to the higher educational aids board and all materials submitted to or actions taken by the office of the Wisconsin Covenant Scholars Program with respect to the pending matter are considered as having been submitted to or taken by the higher educational aids board.

AB40-ASA1,1404,9 (3i) Community partnerships. By January 10, 2012, the department of administration shall submit to the joint committee on finance for the approval of that committee under section 13.10 of the statutes a plan that includes all of the following:

AB40-ASA1,1404,15 (a) A plan prepared by the department of public instruction for providing funding to community-based nongovernmental organizations for the establishment of partnerships with local school districts that center on those organizations providing advocacy for students and serving as liaison between families and staff of those school districts with the goal of improving educational outcomes and promoting and teaching greater self-sufficiency.

AB40-ASA1,1404,21 (b) A plan prepared by the department of children and families for providing funding to community-based nongovernmental organizations for the establishment of partnerships with agencies that license foster homes that center on those organizations providing advocacy for children and serving as liaison between families and staff of those agencies with the goal of improving educational outcomes and promoting and teaching greater self-sufficiency.

AB40-ASA1,1405,2 (4j) Drug offender diversion surcharge fund. The department of administration shall submit a plan to the joint committee on finance as to how the department will reduce state appropriations by $1,917,900 over the 2011-2013 fiscal biennium and lapse the associated funding to the general fund to eliminate the deficit in the drug offender diversion surcharge fund.

AB40-ASA1,1405,3 (4q) Transfer of human resources positions.

AB40-ASA1,1405,10 (a) The secretary of administration shall identify 2.0 FTE PR positions in the department of administration having responsibility for human resources functions. On the effective date of this subsection, one of the positions so identified, as determined by the secretary, is transferred to the state fair park board and the other of the positions so identified is transferred to the department of regulation and licensing and the incumbent employees in those positions are transferred to the state fair park board and the department of regulation and licensing, respectively.

AB40-ASA1,1405,16 (b) Employees transferred under paragraph (a) have all of the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the state fair park board and the department of regulation and licensing that they enjoyed in the department of administration 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.

AB40-ASA1,1405,21 (5q) State building and lease back study. The department of administration shall study the feasibility of instituting a program for private construction of buildings for the purpose of leasing those buildings to the state. The department shall report its findings and recommendations to the members of the joint committee on finance no later than December 1, 2011.

AB40-ASA1, s. 9102 Section 9102. Nonstatutory provisions; Aging and Long-Term Care Board.

AB40-ASA1, s. 9103 Section 9103. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.

AB40-ASA1,1406,10 (1i) Evaluation of purchase of agricultural conservation easement program. The department of agriculture, trade and consumer protection shall evaluate the program for the purchase of agricultural conservation easements under section 93.73 of the statutes, including the administration of the program, the source of funding for the program, state financial participation, and the amount of local matching funds required. The department shall include in its evaluation options for a replacement program that would be less costly and more efficient in preserving farmland. The department shall report its findings from the evaluation no later than June 30, 2012, to the joint committee on finance and to the standing committees in each house of the legislature with responsibility for agricultural matters.