2013 Wisconsin Act 20

20,174 Section 174. 16.964 (5) of the statutes is renumbered 165.986, and 165.986 (1), (2), (3) (intro.), (4) and (6), as renumbered, are amended to read:

165.986 (1) The office department of justice shall provide grants from the appropriation under s. 20.505 (6) (kb) 20.455 (2) (kb) to cities to employ additional uniformed law enforcement officers whose primary duty is beat patrolling. A city is eligible for a grant under this subsection section in fiscal year 1994-95 if the city has a population of 25,000 or more. A city may receive a grant for a calendar year if the city applies for a grant before September 1 of the preceding calendar year. Grants shall be awarded to the 10 eligible cities submitting an application for a grant that have the highest rates of violent crime index offenses in the most recent full calendar year for which data is available under the uniform crime reporting system of the federal bureau of investigation.

(2) A city applying to the office department of justice for a grant under this subsection section shall include a proposed plan of expenditure of the grant moneys. The grant moneys that a city receives under this subsection section may be used for salary and fringe benefits only. Except as provided in par. (c) sub. (3), the positions for which funding is sought must be created on or after April 21, 1994, and result in a net increase in the number of uniformed law enforcement officers assigned to beat patrol duties.

(3) (intro.) During the first 6 months of the first year of a grant, a city may, with the approval of the office department, use part of the grant for the payment of salary and fringe benefits for overtime provided by uniformed law enforcement officers whose primary duty is beat patrolling. A city may submit a request to the office department for a 3-month extension of the use of the grant for the payment of overtime costs. To be eligible to use part of the first year's grant for overtime costs, the city shall provide the office department with all of the following:

(4) The office department shall develop criteria which, notwithstanding s. 227.10 (1), need not be promulgated as rules under ch. 227, for use in determining the amount to grant to cities under this subsection section. The office department may not award an annual grant in excess of $150,000 to any city. The office department shall review any application and plan submitted under par. (b) sub. (2) to determine if that application and plan meet the requirements of this subsection section. The grant that a city receives under this subsection section may not supplant existing local resources.

(6) The office department may make grants to additional cities with a population of 25,000 or more after fiscal year 1994-95. Eligibility for grants under this paragraph subsection shall be determined and allocations made as provided in this subsection section.

20,175 Section 175. 16.964 (8) of the statutes is renumbered 165.987, and 165.987 (1), (2) and (3), as renumbered, are amended to read:

165.987 (1) From the appropriations under s. 20.505 (6) (d) and (kj) 20.455 (2) (cr) and (kj), the office department of justice shall allocate $500,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 500,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs. Notwithstanding s. 16.75, the office department may enter into a contract under this paragraph subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

(2) From the appropriation under s. 20.505 (6) (km) 20.455 (2) (k), the office department of justice may not distribute more than $300,000 in each fiscal year to the organization that it has contracted with under par. (a) sub. (1) for alcohol and other drug abuse education and treatment services for participants in that organization's youth diversion program.

(3) From the appropriations under s. 20.505 (6) (d) and (kj) 20.455 (2) (cr) and (kj) the office department of justice shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, $150,000 in each fiscal year to enter into a contract with an organization that is located in ward 2 in the city of Racine to provide services in Racine County, and $150,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, and from the appropriation under s. 20.505 (6) (kj) 20.455 (2) (kj), the department shall allocate $100,000 in each fiscal year to enter into a contract with an organization, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. The organization that is located in ward 2 in the city of Racine shall have a recreational facility, shall offer programs to divert youths from gang activities, may not be affiliated with any national or state association, and may not have entered into a contract under s. 301.265 (3), 1995 stats. Notwithstanding s. 16.75, the office department may enter into a contract under this paragraph subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

20,176 Section 176. 16.964 (11) of the statutes is repealed.

20,177 Section 177. 16.964 (12) (a) to (j) of the statutes are renumbered 165.95 (1) to (10), and 165.95 (1) (intro.), (2), (2r), (3) (intro.) and (k), (4), (5), (5m) (intro.), (6), (7), (7m), (8), (9) and (10), as renumbered, are amended to read:

165.95 (1) (intro.) In this subsection section, "violent offender" means a person to whom one of the following applies:

(2) The office department of justice 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 department of justice shall make the grants from the appropriations under s. 20.505 (6) (b), (kn), and (ku) 20.455 (2) (em), (kn), and (kv). The office department of justice shall collaborate with the departments of corrections and health and family services in establishing this grant program.

(2r) Any county that receives a grant under this subsection section on or after January 1, 2012, shall provide matching funds that are equal to 25 percent of the amount of the grant.

(3) (intro.) A county shall be eligible for a grant under par. (b) sub. (2) if all of the following apply:

(k) The county complies with other eligibility requirements established by the office department of justice to promote the objectives listed in subds. 1. and 2 pars. (a) and (b).

(4) In implementing a program that meets the requirements of par. (c) sub. (3), a county department may contract with or award grants to a religious organization under s. 59.54 (27).

(5) (a) A county that receives a grant under this subsection section shall create an oversight committee to advise the county in administering and evaluating its program. Each committee shall consist of a circuit court judge, the district attorney or his or her designee, the state public defender or his or her designee, a local law enforcement official, a representative of the county, a representative of each other county agency responsible for providing social services, including services relating to child welfare, mental health, and the Wisconsin Works program, representatives of the departments of corrections and health and family services, a representative from private social services agencies, a representative of substance abuse treatment providers, and other members to be determined by the county.

(b) A county that receives a grant under this subsection section shall comply with state audits and shall submit an annual report to the office department of justice and to the oversight committee created under subd. 1. par. (a) regarding the impact of the program on jail and prison populations and its progress in attaining the goals specified in par. (c) 2. and 6 sub. (3) (b) and (f).

(5m) (intro.) In a program funded by a grant under this subsection section, if urine collection for the purposes of a drug test results in the exposure of a program participant's genitals, pubic area, buttock or anus, all of the following must apply:

(6) Two or more counties may jointly apply for and receive a grant under this subsection section. If counties submit a joint application, they shall include with their application a written agreement specifying each county department's role in developing, administering, and evaluating the program. The oversight committee established under par. (e) 1. sub. (5) (a) shall consist of representatives from each county.

(7) Grants provided under this subsection section shall be provided on a calendar year basis beginning on January 1, 2007. If the office department of justice decides to make a grant to a county under this subsection section, the office department of justice shall notify the county of its decision and the amount of the grant no later than September 1 of the year preceding the year for which the grant will be made.

(7m) Beginning in fiscal year 2012-13, the office department of justice shall, every 5 years, make grants under this subsection section available to any county on a competitive basis. A county may apply for a grant under this paragraph subsection regardless of whether the county has received a grant previously under this subsection section.

(8) The office department of justice shall assist a county receiving a grant under this subsection section in obtaining funding from other sources for its program.

(9) The office department of justice shall inform any county that is applying for a grant under this subsection section whether the county meets the requirements established under par. (c) sub. (3), regardless of whether the county receives a grant.

(10) The office department of justice shall enter into one or more contracts with another person for the purpose of evaluating evaluate every 2 years, the grant program established under this subsection. The office shall fund such contracts from moneys appropriated under s. 20.505 (6) (b) and (ku) with 1 percent of the amount awarded as grants under par. (b) section.

20,178 Section 178. 16.964 (12) (k) of the statutes is repealed.

20,179 Section 179. 16.964 (14) of the statutes is renumbered 165.96, and 165.96 (intro.), as renumbered, is amended to read:

165.96 Child advocacy grants. (intro.) Beginning in fiscal year 2011-2012, from the appropriation under s. 20.505 (6) (ke) 20.455 (5) (ke), the office department of justice shall in each fiscal year provide $17,000 to each of the following child advocacy centers for education, training, medical advice, and quality assurance activities:

20,180 Section 180. 16.964 (15) of the statutes is renumbered 165.25 (17) and amended to read:

165.25 (17) Interoperability. (a) The office department of justice shall provide staff support for the interoperability council under s. 16.9645 and oversight of the development and operation of a statewide public safety interoperable communication system.

(b) 1. The office department may charge a public safety agency, as defined in s. 256.35 (1) (g), that is a state agency a fee for use of the statewide public safety interoperable communication system under par. (a).

2. The office department may charge a person that is not a state agency a fee for use of the statewide public safety interoperable communication system under par. (a).

20,181 Section 181. 16.964 (17) of the statutes is renumbered 301.073 and amended to read:

301.073 American Indian tribal community reintegration program. The office department shall establish a program to facilitate the reintegration of American Indians who have been incarcerated in a state prison into their American Indian tribal communities. Under the program, each participant shall be provided an integration plan that addresses the participant's needs and shall be provided services that are customized for the participant. The program shall encourage confidence, responsibility, and independence among participants. The office department shall ensure that the program incorporates tribal practices and traditions that meet the participant's community reintegration needs.

20,182 Section 182. 16.964 (18) of the statutes is repealed.

20,183 Section 183. 16.9645 (2) (d) of the statutes is amended to read:

16.9645 (2) (d) Assist the office department of justice assistance in identifying and obtaining funding to implement a statewide public safety interoperable communication system.

20,184 Section 184. 16.9645 (2) (e) of the statutes is amended to read:

16.9645 (2) (e) Advise the office department of justice assistance and the department of military affairs on allocating funds, including those available for homeland security, for the purpose of achieving the goals under par. (b).

20,185 Section 185. 16.9645 (2) (f) (intro.) of the statutes is amended to read:

16.9645 (2) (f) (intro.) Make recommendations to the office department of justice assistance on all of the following:

20,185g Section 185g. 16.965 (2) of the statutes is amended to read:

16.965 (2) From the appropriations under s. 20.505 (1) (cm) and (if) (ud), the department may provide grants to local governmental units to be used to finance the cost of planning activities, including contracting for planning consultant services, public planning sessions and other planning outreach and educational activities, or for the purchase of computerized planning data, planning software or the hardware required to utilize that data or software. The department shall require any local governmental unit that receives a grant under this section to finance a percentage of the cost of the product or service to be funded by the grant from the resources of the local governmental unit. The department shall determine the percentage of the cost to be funded by a local governmental unit based on the number of applications for grants and the availability of funding to finance grants for the fiscal year in which grants are to be provided. A local governmental unit that desires to receive a grant under this subsection shall file an application with the department. The application shall contain a complete statement of the expenditures proposed to be made for the purposes of the grant. No local governmental unit is eligible to receive a grant under this subsection unless the local governmental unit agrees to utilize the grant to finance planning for all of the purposes specified in s. 66.1001 (2).

20,185r Section 185r. 16.967 (3) (cm) of the statutes is created to read:

16.967 (3) (cm) Provide standards for the preparation of countywide plans for land records modernization under s. 59.72 (3) (b), including a list of minimum elements to be addressed in the plan.

20,186 Section 186. 16.967 (3) (h) of the statutes is created to read:

16.967 (3) (h) Establish an implementation plan for a statewide digital parcel map.

20,186b Section 186b. 16.967 (6) of the statutes is renumbered 16.967 (6) (a).

20,186f Section 186f. 16.967 (6) (b) of the statutes is created to read:

16.967 (6) (b) No later than January 1, 2017, the department shall submit to the members of the joint committee on finance a report on the progress in developing a statewide digital parcel map.

20,186k Section 186k. 16.967 (7) (a) 2m. of the statutes is created to read:

16.967 (7) (a) 2m. In coordination with the department, the creation, maintenance, or updating of a digital parcel map.

20,186p Section 186p. 16.967 (7) (am) of the statutes is created to read:

16.967 (7) (am) 1. Subject to subds. 2. and 3., the department shall award land information system base budget grants for eligible projects under par. (a) to enable a county land information office to develop, maintain, and operate a basic land information system.

2. The minimum amount of a grant under this paragraph is determined by subtracting the amount of fees that the county retained under s. 59.72 (5) (b) in the preceding fiscal year from $100,000. The department is not required to award a grant to a county that retained at least $100,000 in fees under s. 59.72 (5) (b) in the preceding fiscal year.

3. If the moneys available for grants under this paragraph in a fiscal year are insufficient to pay all amounts determined under subd. 2., the department shall establish a system to prorate the grants.

20,186s Section 186s. 16.967 (7) (b) of the statutes is amended to read:

16.967 (7) (b) In addition to any other grant received under this subsection, the department may award a grant to any county in an amount not exceeding $300 less than $1,000 per year to be used for the training and education of county employees for the design, development, and implementation of a land information system.

20,186w Section 186w. 16.967 (7m) of the statutes is renumbered 16.967 (7m) (a).

20,186y Section 186y. 16.967 (7m) (b) of the statutes is created to read:

16.967 (7m) (b) If the department determines that a county has violated s. 59.72, the department shall suspend the eligibility of the county to receive grants under sub. (7) and, after June 30, 2017, the county shall be eligible to retain only $6 of the portion of each fee submitted to the department under s. 59.72 (5) (a). After not less than one year, if the department determines that the county has resolved the violation, the department may reinstate the eligibility of the county for grants under sub. (7) and for retaining $8 of the portion of each fee submitted to the department under s. 59.72 (5) (a).

20,187 Section 187. 16.971 (2) (cf) of the statutes is amended to read:

16.971 (2) (cf) Implement, operate, maintain, and upgrade an integrated business information enterprise resource planning system capable of providing information technology services to all agencies in the areas of accounting, auditing, payroll and other financial services; procurement; human resources; and other administrative processes. The department may provide information technology services under this subsection to any executive branch agency under s. 16.70 (4). The department may also provide information technology services to any local governmental unit under this subsection.

20,188m Section 188m. 16.972 (3) of the statutes is created to read:

16.972 (3) (a) An executive branch agency other than the Board of Regents of the University of Wisconsin System may jointly submit with the department a written request to the joint committee on finance for review under par. (c) related to the transfer of any of the following:

1. Positions in the executive branch agency that are related to the provision of information technology infrastructure services in that executive branch agency.

2. Information technology equipment associated with the provision of information technology infrastructure services in that executive branch agency.

3. Information technology systems associated with the provision of information technology infrastructure services in that executive branch agency.

(b) The department and the executive branch agency other than the Board of Regents of the University of Wisconsin System shall include in the written request under par. (a) the following proposed terms:

1. The proposed salary and fringe benefits costs to be paid for any positions transferred from the executive branch agency to the department. If an incumbent employee holds a position proposed to be transferred under this subdivision, the executive branch agency shall, subject to approval under par. (c), transfer the incumbent employee. The department shall determine the probationary status under s. 230.28 of any transferred employee, except that the employee shall receive credit towards his or her probationary period for the time that the employee had been employed in any unclassified position immediately prior to the transfer.

2. The proposed cost of information technology equipment or systems transferred from the executive branch agency to the department.

3. The proposed cost to the department to provide information technology infrastructure services to the executive branch agency.

4. The manner in which the department and the executive branch agency will address concerns related to the privacy of information transferred to the department.

(c) If the cochairpersons of the joint committee on finance do not notify the department and the executive branch agency that the committee has scheduled a meeting for the purpose of reviewing the request under par. (a) within 14 working days after the date of the written request, the department may approve the proposal upon the proposed terms and assess the executive branch agency for the costs specified in the written request. If, within 14 working days after the date of the written request, the cochairpersons of the committee notify the department and the executive branch agency that the committee has scheduled a meeting for the purpose of reviewing the request, the department shall not approve the proposal relating to positions, information technology equipment, or information technology systems related to the provision of information technology infrastructure services unless the request is approved by the committee and may not assess the executive branch agency for the costs specified in the written request unless the costs are approved by the committee, whether as proposed in the written request or as modified by the committee.

(d) The department shall credit to the appropriation account under s. 20.505 (1) (kk) all moneys received from executive branch agencies pursuant to the written request reviewed by the joint committee on finance under par. (c).

20,188y Section 188y. 16.974 (1) of the statutes is amended to read:

16.974 (1) Establish and collect assessments and charges for all authorized services provided by the department, subject to applicable agreements under sub. subs. (2) and (2m).

20,189r Section 189r. 16.974 (2m) of the statutes is created to read:

16.974 (2m) Enter into and enforce an agreement with an individual to provide services authorized to be provided by the department to that individual at a cost established pursuant to rules promulgated by the department governing the fee to be charged for such services and specified in the agreement .

20,190 Section 190. 16.974 (3) of the statutes is amended to read:

16.974 (3) Develop or operate and maintain any system or device facilitating Internet or telephone access to information about programs of agencies, authorities, local governmental units, entities in the private sector, individuals, or any tribal schools, as defined in s. 115.001 (15m), or otherwise permitting the transaction of business by agencies, authorities, local governmental units, entities in the private sector, individuals, or tribal schools by means of electronic communication. The department may assess executive branch agencies, other than the board of regents of the University of Wisconsin System, for the costs of systems or devices relating to information technology or telecommunications that are developed, operated, or maintained under this subsection in accordance with a methodology determined by the department. The department may also charge any agency, authority, local governmental unit, entity in the private sector, or tribal school for such costs as a component of any services provided by the department to that agency, authority, local governmental unit, entity, or tribal school. The department may charge an individual for such costs as a component of any services provided by the department to that individual , but only pursuant to rules promulgated by the department governing the fee to be charged for such costs .

20,191 Section 191. 16.975 of the statutes is amended to read:

16.975 Access to information. The department shall withhold from access under s. 19.35 (1) all information submitted to the department by agencies, authorities, units of the federal government, local governmental units or, entities in the private sector, or individuals for the purpose of processing. The department may not process such information without the consent of the agency, authority, unit or other, entity, or individual which submitted the information and may not withhold such information from the agency, authority, unit or other, entity, or individual or from any other person authorized by the agency, authority, unit or, entity, or individual to have access to the information. The agency, authority, unit or other, entity, or individual submitting the information remains the custodian of the information while it is in the custody of the department and access to such information by that agency, authority, unit or, entity, or individual or any other person shall be determined by that agency, authority, unit or other, entity, or individual and in accordance with law.

20,193 Section 193. 17.03 (4) (d) of the statutes is amended to read:

17.03 (4) (d) If the office is local and appointive, and residency, subject to s. 66.0502, is a local requirement, the county, city, village, town, district, or area within which the duties of the office are required to be discharged.

20,193e Section 193e. 18.08 (1) (a) 2. of the statutes is amended to read:

18.08 (1) (a) 2. Any such moneys that represent premium or any payments received pursuant to any agreement or ancillary arrangement entered into under s. 18.06 (8) (a) with respect to any such public debt may be credited to one or more of the sinking funds of the bond security and redemption fund or to the capital improvement fund, as determined by the commission.