Amendment SA2-AB64

AB64-SA2,13,25 (13) Audits. The legislative audit bureau shall evaluate the effectiveness of the program established under this section in accomplishing the purposes specified in sub. (1). No later than July 1, 2024, and every 10 years thereafter, the legislative audit bureau shall submit a report of its evaluation to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3). The report shall include the legislative audit bureau's recommendations on terminating, continuing, revising, or expanding the program, including any recommendations regarding funding the program.”.

AB64-SA2,14,1 24. Page 454, line 15: after that line insert:

AB64-SA2,14,2 “ Section 786m. 48.67 (6) of the statutes is created to read:

AB64-SA2,14,10 48.67 (6) That each child welfare agency that operates a residential care center for children and youth accepts as placements in that residential care center for children and youth a minimum number of juveniles who are alleged to be or have been adjudicated delinquent or juveniles who are in need of protection or services. The department shall establish the minimum number for each residential care center for children and youth based on its capacity, the population served, the type of treatment and level of service provided, its capability to serve juveniles with exceptional needs, and other factors determined by the department.”.

AB64-SA2,14,11 25. Page 563, line 14: after that line insert:

AB64-SA2,14,12 “ Section 983h. 66.0145 of the statutes is created to read:

AB64-SA2,14,14 66.0145 Purchases of Wisconsin goods and services. (1) Definitions. In this section:

AB64-SA2,14,15 (a) “Local governmental unit" has the meaning given in s. 66.0135 (1) (c).

AB64-SA2,14,17 (b) “Local product or service" means a product or service that is purchased from a person whose principal place of business is located in this state.

AB64-SA2,14,24 (2) Purchasing goals. (a) It shall be a goal of a local governmental unit that, annually, at least 20 percent of the aggregate value of purchases of products and services by that local governmental unit shall be local products or services, and it shall be a further goal of the local governmental unit that the percentage of the aggregate value of routine purchases of products and services in any year that are local products and services will not be lower than the aggregate value of such routine purchases in the previous year.

AB64-SA2,15,6 (b) A local governmental unit shall evaluate its performance in reaching the goals specified in par. (a) and shall annually make this evaluation available to the public, except that these requirements do not apply to any local governmental unit whose governing body enacts an ordinance, adopts a resolution, or takes other official action stating that it chooses not to conduct an evaluation of its performance in reaching the goals.”.

AB64-SA2,15,7 26. Page 609, line 7: after that line insert:

AB64-SA2,15,8 “ Section 1023u. 71.05 (6) (b) 54. of the statutes is created to read:

AB64-SA2,15,10 71.05 (6) (b) 54. For taxable years beginning after December 31, 2016, any amount received by an individual under the program under s. 39.52.”.

AB64-SA2,15,11 27. Page 851, line 9: after that line insert:

AB64-SA2,15,12 “ Section 1673y. 165.955 (3) of the statutes is created to read:

AB64-SA2,15,14 165.955 (3) A county shall be eligible for a grant under sub. (2) if all of the following apply:

AB64-SA2,15,18 (a) The county's program is designed to meet the needs of a person who abuses alcohol or other drugs and who may be or has been charged with or who has been convicted of a crime in that county related to the person's use or abuse of alcohol or other drugs.

AB64-SA2,15,22 (b) The program is designed to promote public safety, reduce prison and jail populations, reduce prosecution and incarceration costs, reduce recidivism, and improve the welfare of participants' families by meeting the comprehensive needs of participants.

AB64-SA2,16,3 (c) The program establishes eligibility criteria for a person's participation. The criteria shall specify that a violent offender is not eligible to participate in the program.

AB64-SA2,16,7 (d) Subject to par. (e), the program does not prohibit a person from beginning or continuing participation in the program because he or she uses a medication that is approved by the federal food and drug administration for the treatment of his or her substance use disorder.

AB64-SA2,16,9 (e) The program allows a participant to use a medication that is approved by the federal food and drug administration if all of the following are true:

AB64-SA2,16,12 1. A licensed health care provider, acting in the scope of his or her practice, has examined the person and determined that the person's use of the medication is an appropriate treatment for the person's substance use disorder.

AB64-SA2,16,14 2. The medication was appropriately prescribed by a person authorized to prescribe medication in the state.

AB64-SA2,16,16 3. The person is using the medication as prescribed as part of treatment for a diagnosed substance use disorder.

AB64-SA2,16,20 (f) Services provided under the program are consistent with evidence-based practices in substance abuse and mental health treatment, as determined by the department of health services, and the program provides intensive case management.

AB64-SA2,16,22 (g) The program uses graduated sanctions and incentives to promote successful substance abuse treatment.

AB64-SA2,17,3 (h) The program provides holistic treatment to its participants and provides them services that may be needed, as determined under the program, to eliminate or reduce their use of alcohol or other drugs, improve their mental health, facilitate their gainful employment or enhanced education or training, provide them stable housing, facilitate family reunification, ensure payment of child support, and increase the payment of other court-ordered obligations.

AB64-SA2,17,10 (i) The program is designed to integrate all mental health services provided to program participants by state and local government agencies and other organizations. The program shall require regular communication among a participant's substance abuse treatment providers, other service providers, the case manager, and any person designated under the program to monitor the person's compliance with his or her obligations under the program and any probation, extended supervision, and parole agent assigned to the participant.

AB64-SA2,17,12 (j) The program provides substance abuse and mental health treatment services through providers that are certified by the department of health services.

AB64-SA2,17,16 (k) The program requires participants to pay a reasonable amount for their treatment, based on their income and available assets, and pursues and uses all possible resources available through insurance and federal, state, and local aid programs, including cash, vouchers, and direct services.

AB64-SA2,17,23 (L) The program is developed with input from, and implemented in collaboration with, one or more circuit court judges, the district attorney, the state public defender, local law enforcement officials, county agencies responsible for providing social services, including services relating to alcohol and other drug addiction, child welfare, mental health, and the Wisconsin Works program, the departments of corrections, children and families, and health services, private social services agencies, and substance abuse treatment providers.

AB64-SA2,17,25 (m) The county complies with other eligibility requirements established by the department of justice to promote the objectives listed in pars. (a) and (b).”.

AB64-SA2,18,1 28. Page 860, line 10: delete “20.155 (3) (r)" and substitute “20.155 (3) (a), (r)".

AB64-SA2,18,2 29. Page 860, line 11: delete “and (rm)" and substitute “ , and (rm)".

AB64-SA2,18,3 30. Page 863, line 12: after that line insert:

AB64-SA2,18,4 “ Section 1712b. 227.01 (1) of the statutes is amended to read:

AB64-SA2,18,7 227.01 (1) “Agency" means a board, commission, committee, department or officer in the state government, except the governor, a district attorney or a military or judicial officer. “Agency" includes the small farm higher education debt council.”.

AB64-SA2,18,8 31. Page 868, line 20: after that line insert:

AB64-SA2,18,9 “ Section 1771d. 238.126 of the statutes is created to read:

AB64-SA2,18,14 238.126 Program targeting. Beginning with the 2017-19 fiscal biennium, the corporation shall target new funding it receives in the appropriations under s. 20.192 (1) (a) and (r) toward economic development programs that benefit small businesses, start-ups, businesses located in rural areas, and businesses certified under ss. 16.283, 16.285, and 16.287.”.

AB64-SA2,18,15 32. Page 869, line 21: after that line insert:

AB64-SA2,18,16 “ Section 1774o. 238.165 of the statutes is created to read:

AB64-SA2,18,24 238.165 Entrepreneurial tax credit access grants. (1) The corporation shall establish and administer a program to make grants under this section. The corporation may award a grant under the program to a person who intends to use the grant to secure financing for making expenditures that would qualify for a credit under s. 71.07 (2dy) or (3g) (a) 2., 71.28 (1dy) or (3g) (a) 2., or 71.47 (1dy) or (3g) (a) 2., if the expenditures are made for a business located in this state that has fewer than 25 employees in this state or less than $5,000,000 in gross receipts for the taxable year in which the person applies for a grant under this section.

AB64-SA2,19,9 (2) Any person who wishes to receive a grant under this section shall complete and submit an application to the corporation and enter into an agreement with the corporation to use the grant to secure financing for making expenditures described under sub. (1) and to repay any or all of the grant proceeds to the corporation if the person fails to comply with the agreement. An agreement under this subsection may provide that repayment shall be obtained through full or partial repayment of the principal amount of the grant plus interest, through receipt of a share of future profits from or an interest in a product or process, or through any other appropriate means.

AB64-SA2,19,15 (3) (a) No person may receive a grant under this section unless the person has submitted business and financing plans to a commercial lending institution and submitted copies of the plans to the corporation. Before awarding a grant, the corporation shall verify that the lender has approved the person's plans and will underwrite a loan for expenditures described under sub. (1), contingent on the person receiving a grant under this section.

AB64-SA2,19,19 (b) The amount of any grant awarded under this section is the amount equal to 95 percent of the tax credit that the recipient could otherwise receive for making expenditures described under sub. (1), except that the amount of the grant may not exceed an amount equal to 20 percent of the cost of the project that is being financed.

AB64-SA2,19,22 (c) The corporation shall require, as a condition of the grant, that the recipient contribute to a project an amount that is not less than the amount the recipient receives as a grant under this section for the project.

AB64-SA2,20,2 (4) A person who receives a grant under this section to secure financing for making an expenditure described under sub. (1) may not claim a credit under s. 71.07 (2dy) or (3g) (a) 2., 71.28 (1dy) or (3g) (a) 2., or 71.47 (1dy) or (3g) (a) 2. for that expenditure.

AB64-SA2,20,5 (5) (a) The corporation shall pay grants under this section from the appropriation under s. 20.192 (1) (r). The total amount that the corporation may award under this section in a fiscal year is $8,000,000.

AB64-SA2,20,7 (b) The corporation shall establish policies and procedures to administer this section.

AB64-SA2,20,9 (c) The corporation may not award grants under this section after January 1, 2019.”.

AB64-SA2,20,10 33. Page 898, line 1: before that line insert:

AB64-SA2,20,11 “ Section 1850m. 301.093 of the statutes is created to read:

AB64-SA2,20,15 301.093 Grants for female juvenile services. The department shall provide grants to counties to provide females in the juvenile justice system with gender-responsive and culturally responsive, trauma-informed, and developmentally appropriate services.”.

AB64-SA2,20,16 34. Page 939, line 25: after that line insert:

AB64-SA2,20,17 “ Section 2257s. 977.08 (4m) (c) of the statutes is amended to read:

AB64-SA2,21,2 977.08 (4m) (c) Unless otherwise provided by a rule promulgated under s. 977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after July 29, 1995, and before the effective date of this paragraph .... [LRB inserts date], private local attorneys shall be paid $40 per hour for time spent related to a case, excluding travel, and $25 per hour for time spent in travel related to a case if any portion of the trip is outside the county in which the attorney's principal office is located or if the trip requires traveling a distance of more than 30 miles, one way, from the attorney's principal office.

AB64-SA2,2257t Section 2257t. 977.08 (4m) (d) of the statutes is created to read:

AB64-SA2,21,11 977.08 (4m) (d) Unless otherwise provided by a rule promulgated under s. 977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after the effective date of this paragraph .... [LRB inserts date], private local attorneys shall be paid $50 per hour for time spent related to a case, excluding travel, and $25 per hour for time spent in travel related to a case if any portion of the trip is outside the county in which the attorney's principal office is located or if the trip requires traveling a distance of more than 30 miles, one way, from the attorney's principal office.”.

AB64-SA2,21,12 35. Page 1017, line 13: after that line insert:

AB64-SA2,21,20 “(3m) Initial members; small farm higher education debt council. Notwithstanding the length of term for certain members of the small farm higher education debt council that is specified in section 15.137 (7) (intro.) of the statutes, the initial member appointed under section 15.137 (7) (a) of the statutes shall have a term expiring on July 1, 2019, the initial member appointed under section 15.137 (7) (b) of the statutes shall have a term expiring on July 1, 2020, and the initial member appointed under section 15.137 (7) (c) of the statutes shall have a term expiring on July 1, 2021.”.

AB64-SA2,21,22 36. Page 1022, line 19: after that line, before the material inserted by assembly amendment 20 to assembly substitute amendment 1, insert:

AB64-SA2,22,7 “(3c) Technical assistance to examine criminal justice system issues. The governor, supreme court, and the legislature, by December 31, 2017, are requested to jointly request that the Council of State Governments Justice Center provide technical assistance in conjunction with the state's existing justice system to examine areas including crime, arrests, prison admissions, length of confinement and supervision time, probation and postrelease supervision populations, recidivism rates, behavioral health, unemployment, incarceration resulting from revocation of community supervision, and modifying sentences based on risk. The technical assistance received shall be coordinated by the legislative council staff.”.

AB64-SA2,22,8 37. Page 1067, line 6: after that line insert:

AB64-SA2,22,9 “(5f) Procurement from Wisconsin businesses.

AB64-SA2,22,12 (a) The treatment of section 66.0145 of the statutes and the creation of section 16.754 (2) (a) of the statutes first apply to purchases made in the fiscal year that begins in the year after this paragraph takes effect.

AB64-SA2,22,15 (b) The treatment of section 16.754 (2m) of the statutes first applies to responses made and bids submitted in the fiscal year that begins in the year after this paragraph takes effect.”.

AB64-SA2,22,16 38. At the appropriate places, insert all of the following:

AB64-SA2,22,17 “ Section 1. 13.172 (1) of the statutes is amended to read:

AB64-SA2,22,23 13.172 (1) In this section, “agency" means an office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, and any authority created in subch. II of ch. 114 or in ch. 231, 233, 234, 238, 239, or 279.

AB64-SA2,2 Section 2. 13.48 (13) (a) of the statutes is amended to read:

AB64-SA2,23,13 13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure or facility that is constructed for the benefit of or use of the state, any state agency, board, commission or department, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Student Loan Refinancing Authority, the Wisconsin Economic Development Corporation, or any local professional baseball park district created under subch. III of ch. 229 if the construction is undertaken by the department of administration on behalf of the district, shall be in compliance with all applicable state laws, rules, codes and regulations but the construction is not subject to the ordinances or regulations of the municipality in which the construction takes place except zoning, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.

AB64-SA2,3 Section 3. 13.62 (2) of the statutes is amended to read:

AB64-SA2,23,18 13.62 (2) “Agency" means any board, commission, department, office, society, institution of higher education, council, or committee in the state government, or any authority created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238, 239, or 279, except that the term does not include a council or committee of the legislature.

AB64-SA2,4 Section 4. 13.94 (1) (dt) of the statutes is created to read:

AB64-SA2,23,24 13.94 (1) (dt) Biennially, beginning in 2019, conduct a financial audit of the Wisconsin Student Loan Refinancing Authority and a program evaluation audit of the programs administered by the Wisconsin Student Loan Refinancing Authority under ch. 239. The legislative audit bureau shall file a copy of each audit report under this paragraph with the distributees specified in par. (b).

AB64-SA2,5 Section 5. 13.94 (1s) (c) 9. of the statutes is created to read:

AB64-SA2,24,2 13.94 (1s) (c) 9. The Wisconsin Student Loan Refinancing Authority for the cost of the audit required to be performed under sub. (1) (dt).

AB64-SA2,6 Section 6. 13.94 (4) (a) 1. of the statutes is amended to read:

AB64-SA2,24,20 13.94 (4) (a) 1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature including specifically the Fox River Navigational System Authority, the Lower Fox River Remediation Authority, the Wisconsin Aerospace Authority, the Wisconsin Student Loan Refinancing Authority, the Wisconsin Economic Development Corporation, a professional baseball park district, a local professional football stadium district, a local cultural arts district, and a long-term care district under s. 46.2895; every Wisconsin works agency under subch. III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical college district boards; every county department under s. 51.42 or 51.437; every nonprofit corporation or cooperative or unincorporated cooperative association to which moneys are specifically appropriated by state law; and every corporation, institution, association or other organization which receives more than 50 percent of its annual budget from appropriations made by state law, including subgrantee or subcontractor recipients of such funds.

AB64-SA2,7 Section 7. 13.95 (intro.) of the statutes is amended to read:

AB64-SA2,25,9 13.95 Legislative fiscal bureau. (intro.) There is created a bureau to be known as the “Legislative Fiscal Bureau" headed by a director. The fiscal bureau shall be strictly nonpartisan and shall at all times observe the confidential nature of the research requests received by it; however, with the prior approval of the requester in each instance, the bureau may duplicate the results of its research for distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's designated employees shall at all times, with or without notice, have access to all state agencies, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Student Loan Refinancing Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority, and to any books, records, or other documents maintained by such agencies or authorities and relating to their expenditures, revenues, operations, and structure.

AB64-SA2,8 Section 8. 16.002 (2) of the statutes is amended to read:

AB64-SA2,25,15 16.002 (2) “Departments" means constitutional offices, departments, and independent agencies and includes all societies, associations, and other agencies of state government for which appropriations are made by law, but not including authorities created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238, 239, or 279.

AB64-SA2,9 Section 9. 16.004 (4) of the statutes is amended to read:

AB64-SA2,25,22 16.004 (4) Freedom of access. The secretary and such employees of the department as the secretary designates may enter into the offices of state agencies and authorities created under subch. II of ch. 114 and under chs. 231, 233, 234, 237, 238, 239, and 279, and may examine their books and accounts and any other matter that in the secretary's judgment should be examined and may interrogate the agency's employees publicly or privately relative thereto.

AB64-SA2,10 Section 10. 16.004 (5) of the statutes is amended to read:

AB64-SA2,26,2 16.004 (5) Agencies and employees to cooperate. All state agencies and authorities created under subch. II of ch. 114 and under chs. 231, 233, 234, 237, 238, 239, and 279, and their officers and employees, shall cooperate with the secretary and shall comply with every request of the secretary relating to his or her functions.