AB64: Bill Text

AB64,2241 Section 2241. 895.56 (2) (c) of the statutes is amended to read:

AB64,908,11 895.56 (2) (c) The acts or omissions involving petroleum-contaminated soil on the property were required by reasonably precise specifications in the contract entered into under s. 84.06 (2) or (2m), and the acts or omissions conformed to those specifications, or were otherwise directed by the department of transportation or by the department of natural resources.

AB64,2242 Section 2242. 904.15 (1) of the statutes is amended to read:

AB64,908,17 904.15 (1) Except as provided under sub. (2), no oral or written communication made in the course of providing or receiving advice or counseling under s. 93.51 or in providing or receiving assistance under s. 93.41 or 93.52 is admissible in evidence or subject to discovery or compulsory process in any judicial or administrative proceeding.

AB64,2243 Section 2243. 904.15 (2) (b) of the statutes is amended to read:

AB64,908,21 904.15 (2) (b) Subsection (1) does not apply if the person receiving advice or counseling under s. 93.51 or assistance under s. 93.41 or 93.52 consents to admission or discovery of the communication.

AB64,2244 Section 2244 . 905.015 (2) (intro.) of the statutes is amended to read:

AB64,909,2 905.015 (2) (intro.) In addition to the privilege under sub. (1), a person who is licensed as an interpreter under s. 440.032 (3) 459.42 may not disclose any aspect of a confidential communication facilitated by the interpreter unless one of the following conditions applies:

AB64,2245 Section 2245. 938.396 (2g) (o) of the statutes is amended to read:

AB64,909,10 938.396 (2g) (o) Criminal history record search. If a juvenile is adjudged delinquent for committing a serious crime, as defined in s. 48.685 (1) (c) or 48.686 (1) (c), the court clerk shall notify the department of justice of that fact. No other information from the juvenile's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose any information provided under this subsection only as part of a criminal history record search under s. 48.685 (2) (am) 1. or (b) 1. a. 1m. or s. 48.686 (2) (am).

AB64,2246 Section 2246 . 938.485 (4) of the statutes is amended to read:

AB64,909,19 938.485 (4) Reimbursement of tribes and counties for tribal delinquency placements. Reimburse Indian tribes and county departments, from the appropriation under s. 20.437 (1) (kp) (kz), for unexpected or unusually high-cost out-of-home care placements of Indian juveniles who have been adjudicated delinquent by tribal courts. In this subsection, “unusually high-cost out-of-home care placements" means the amount by which the cost to an Indian tribe or to a county department of out-of-home care placements of Indian juveniles who have been adjudicated delinquent by tribal courts exceeds $50,000 in a fiscal year.

AB64,2247 Section 2247. 938.78 (2) (g) of the statutes is amended to read:

AB64,910,8 938.78 (2) (g) Paragraph (a) does not prohibit an agency from disclosing information about an individual in its care or legal custody on the written request of the department of safety and professional services or of any interested examining board or affiliated credentialing board in that department for use in any investigation or proceeding relating to any alleged misconduct by any person who is credentialed or who is seeking credentialing under ch. 448, 455 or, 457, or 464. Unless authorized by an order of the court, the department of safety and professional services and any examining board or affiliated credentialing board in that department shall keep confidential any information obtained under this paragraph and may not disclose the name of or any other identifying information about the individual who is the subject of the information disclosed, except to the extent that redisclosure of that information is necessary for the conduct of the investigation or proceeding for which that information was obtained.

AB64,2248 Section 2248 . 944.21 (8) (b) 3. a. of the statutes is amended to read:

AB64,910,12 944.21 (8) (b) 3. a. Is a technical college, is a school approved by the educational approval board under s. 38.50 department of safety and professional services under s. 440.52, or is a school described in s. 38.50 440.52 (1) (e) 6., 7. or 8.; and

AB64,2249 Section 2249 . 946.15 of the statutes is repealed.

AB64,2250 Section 2250 . 948.11 (4) (b) 3. a. of the statutes is amended to read:

AB64,910,17 948.11 (4) (b) 3. a. Is a technical college, is a school approved by the educational approval board under s. 38.50 department of safety and professional services under s. 440.52, or is a school described in s. 38.50 440.52 (1) (e) 6., 7. or 8.; and

AB64,2251 Section 2251. 950.04 (1v) (f) of the statutes is amended to read:

AB64,910,20 950.04 (1v) (f) To have the parole commission department make a reasonable attempt to notify the victim of applications for parole, as provided under s. 304.06 (1).

AB64,2252 Section 2252. 967.06 (3) of the statutes is amended to read:

AB64,911,3 967.06 (3) In any case in which the state public defender provides representation to an indigent person, the public defender may request that the applicable court reporter or clerk of circuit court prepare and transmit any transcript or court record. The request shall be complied with. The state public defender shall, from the appropriation under s. 20.550 (1) (f) (a), compensate the court reporter or clerk of circuit court for the cost of preparing, handling, duplicating, and mailing the documents.

AB64,2253 Section 2253. 970.05 (2) (b) of the statutes is amended to read:

AB64,911,9 970.05 (2) (b) When a transcript is requested under sub. (1) by the state public defender or by a private attorney appointed under s. 977.08, the state public defender shall pay the cost of the original from the appropriation under s. 20.550 (1) (f) (a) and any additional copies shall be paid for at the statutory rate by the party requesting the copies.

AB64,2254 Section 2254. 971.23 (10) of the statutes is amended to read:

AB64,911,18 971.23 (10) Payment of copying costs in cases involving indigent defendants. 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) (f) (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 applicable maximum fee for copies of discoverable materials that is established by rule under s. 977.02 (9).

AB64,2255 Section 2255. 973.013 (3m) of the statutes is amended to read:

AB64,912,12 973.013 (3m) If a person who has not attained the age of 16 18 years is sentenced to the Wisconsin state prisons, the department shall place the person at a juvenile correctional facility or a secured residential care center for children and youth, unless the department determines that placement in an institution under s. 302.01 is appropriate based on the person's prior record of adjustment in a correctional setting, if any; the person's present and potential vocational and educational needs, interests and abilities; the adequacy and suitability of available facilities; the services and procedures available for treatment of the person within the various institutions; the protection of the public; and any other considerations promulgated by the department by rule. The department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). This subsection does not preclude the department from designating an adult correctional institution, other than the correctional institution authorized in s. 301.16 (1n), as a reception center for the person and subsequently transferring the person to a juvenile correctional facility or a secured residential care center for children and youth. Section 302.11 and ch. 304 apply to all persons placed in a juvenile correctional facility or a secured residential care center for children and youth under this subsection.

AB64,2256 Section 2256. 974.07 (4) (b) of the statutes is amended to read:

AB64,912,21 974.07 (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 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).

AB64,2257 Section 2257. 976.03 (23) (c) of the statutes is amended to read:

AB64,913,9 976.03 (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, parole commission department of corrections, 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.

AB64,2258 Section 2258. 977.085 (1) (a) of the statutes is amended to read:

AB64,913,12 977.085 (1) (a) Private bar and staff case loads at the trial and appellate levels and expenditures of moneys under s. 20.550 (1) (b) to (d) (a) for the current fiscal year.

AB64,2259 Section 2259. 977.085 (1) (b) of the statutes is amended to read:

AB64,913,16 977.085 (1) (b) Projections for the private bar and staff case loads at the trial and appellate levels and for expenditures of moneys under s. 20.550 (1) (b) to (d) (a) for the remainder of the current fiscal year and for the next fiscal year.

AB64,2260 Section 2260. 977.085 (1m) of the statutes is amended to read:

AB64,913,20 977.085 (1m) The projections under sub. (1) (b) shall include the number of cases projected to be assigned to the private bar and the number of cases for which reimbursement will be made under s. 20.550 (1) (d) (a).

AB64,2261 Section 2261. 977.085 (2) (intro.) of the statutes is amended to read:

AB64,914,2 977.085 (2) (intro.) If the projections under sub. (1) (b) indicate that moneys are being expended under s. 20.550 (1) (d) (a) at a rate which will deplete the appropriation prior to the end of the current fiscal year, the board shall include in the report a plan to address the problem. The plan shall include proposals for one or more of the following:

AB64,2262 Section 2262 . 978.05 (6) (a) of the statutes is amended to read:

AB64,914,16 978.05 (6) (a) Institute, commence or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ch. 980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 84.062 (8), 89.08, 103.92 (4), 109.09, 343.305 (9) (a), 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (5), that the corporation counsel provide representation as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.

AB64,2263 Section 2263. 990.09 of the statutes is created to read:

AB64,914,19 990.09 Governmental mailing, publishing, and printing. (1) Definitions. In this section:

AB64,914,20 (a) “Document” does not include any of the following:

AB64,914,21 1. A legal notice specified in s. 985.01 (2) (b) or (c).

AB64,914,23 2. Any of the material that is required to be printed under s. 5.51 (5), 5.66 (2), 6.33 (1), 6.87 (2), 7.10 (1) (c), or 7.15 (2) (b).

AB64,914,24 (b) “Governmental entity” means any of the following:

AB64,915,3 1. An association, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law.

AB64,915,5 2. The office of the governor, the legislature, a council or committee of the legislature, a legislative service agency, a court, or a judicial branch agency.

AB64,915,7 3. An authority created in subch. II of ch. 114 or in ch. 231, 233, 234, 238, or 279.

AB64,915,10 4. A city, village, town, or county; a special purpose district in this state; an agency or corporation of a city, village, town, county, or special purpose district; or a combination or subunit of any of the foregoing.

AB64,915,15 (2) Mailing. Any statute that requires a governmental entity to mail a document shall be construed to allow the governmental entity to satisfy the requirement by electronically mailing the document. This subsection does not apply to a statute that requires a governmental entity to obtain a certificate of mailing from the post office or to use certified or registered mail.

AB64,915,23 (3) Publishing. Any statute that requires a governmental entity to publish a document including a statute requiring publication in a newspaper or specified location or requiring publication both on the Internet and in another form, shall be construed to allow the governmental entity to satisfy the requirement by only publishing the document electronically on its Internet site. If a governmental entity publishes a document electronically on its Internet site as allowed under this subsection, the date on which the governmental entity first publishes the document on its Internet site shall be considered the date of the publication of the document.

AB64,916,3 (4) Printing. Any statute that requires a governmental entity to print a document shall be construed to allow the governmental entity to satisfy the requirement by making the document available to the public on its Internet site.

AB64,2264 Section 2264 . 995.55 (1) (b) of the statutes is amended to read:

AB64,916,9 995.55 (1) (b) “Educational institution" means an institution of higher education, as defined in s. 108.02 (18); a technical college established under s. 38.02; a school, as defined in s. 38.50 440.52 (11) (a) 2.; a public school, as described in s. 115.01 (1); a charter school, as defined in s. 115.001 (1); a private school, as defined in s. 115.001 (3r); or a private educational testing service or administrator.

AB64,2265 Section 2265 . 2013 Wisconsin Act 229, section 6 (1), as last affected by 2015 Wisconsin Act 55, is amended to read:

AB64,916,14 [2013 Wisconsin Act 229] Section 6 (1) This act takes effect on July 1, 2017 September 1, 2019, and first applies to bad debts resulting from sales completed beginning on July 1, 2017 September 1, 2019.

AB64,9101 Section 9101. Nonstatutory provisions; Administration.

AB64,916,16 (1) Elimination of depository selection board.

AB64,916,19 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the depository selection board become the assets and liabilities of the department of administration.

AB64,916,22 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the depository selection board is transferred to the department of administration.

AB64,917,2 (c) Contracts. All contracts entered into by the depository selection board in effect on the effective date of this paragraph remain in effect and are transferred to the department of administration. The department of administration shall carry out all obligations under such a contract unless modified or rescinded by the department of administration to the extent allowed under the contract.

AB64,917,7 (d) Pending matters. Each matter pending with the depository selection board on the effective date of this paragraph is transferred to the department of administration, and all materials submitted to or actions taken by the depository selection board with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

AB64,917,13 (e) Rules and orders. All rules promulgated by the depository selection board 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 administration. All orders issued by the depository selection board 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 administration.

AB64,917,15 (2) Transfer of college savings programs duties to the department of financial institutions.

AB64,917,20 (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 the department's performance of duties under sections 16.64 and 16.641, 2015 stats., as determined by the secretary of administration, become the assets and liabilities of the department of financial institutions.

AB64,917,25 (b) Positions and employees. On the effective date of this paragraph, 2.0 FTE SEG positions, and the incumbent employees holding those positions, in the department of administration responsible for the performance of duties under sections 16.64 and 16.641, 2015 stats., as determined by the secretary of administration, are transferred to the department of financial institutions.

AB64,918,6 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under chapter 230 of the statutes in the department of financial institutions that they enjoyed in the department of administration immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee transferred under paragraph (b ) who has attained permanent status in class is required to serve a probationary period.

AB64,918,11 (d) 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 the department's performance of duties under sections 16.64, 16.641, and 16.642 (2), 2015 stats., as determined by the secretary of administration, is transferred to the department of financial institutions.

AB64,918,18 (e) Contracts. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to the department's performance of duties under sections 16.64 and 16.641, 2015 stats., as determined by the secretary of administration, remain in effect and are transferred to the department of financial institutions. The department of financial institutions shall carry out any obligations under those contracts unless modified or rescinded by the department of financial institutions to the extent allowed under the contract.

AB64,919,3 (f) Rules and orders. All rules promulgated by the department of administration in effect on the effective date of this paragraph that are primarily related to the department's performance of duties under sections 16.64 and 16.641, 2015 stats., as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of financial institutions. All orders issued by the department of administration in effect on the effective date of this paragraph that are primarily related to the department's performance of duties under sections 16.64 and 16.641, 2015 stats., as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of financial institutions.

AB64,919,10 (g) Pending matters. Any matter pending with the department of administration that is primarily related to the department's performance of duties under sections 16.64 and 16.641, 2015 stats., as determined by the secretary of administration, is transferred to the department of financial institutions. 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 financial institutions.

AB64,919,11 (3) Transfer of mental health services.

AB64,919,15 (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 mental health services, as determined by the secretary of administration, become the assets and liabilities of the department of health services.

AB64,919,19 (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 mental health services, as determined by the secretary of administration, is transferred to the department of health services.

AB64,920,2 (c) Contracts. All contracts entered into by the department of administration in effect of the effective date of this paragraph that are primarily related to mental health services, as determined by the secretary of administration, remain in effect and are transferred to the department of health services. The department of health services shall carry out any obligations under those contracts unless modified or rescinded by the department of health services to the extent allowed under the contract.

AB64,920,11 (d) Rules and orders. All rules promulgated by the department of administration in effect on the effective date of this paragraph that are primarily related to mental health services, as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of health services. All orders issued by the department of administration in effect on the effective date of this paragraph that are primarily related to mental health services, as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of health services.

AB64,920,18 (e) Pending matters. Any matter pending with the department of administration on the effective date of this paragraph that is primarily related to mental health services, as determined by the secretary of administration, is transferred to the department of health services. 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 health services.

AB64,920,19 (4) Telecommunications relay service.

AB64,920,24 (a) Position transfer. On the effective date of this paragraph, 1.0 FTE PR position, and the incumbent employee holding that position, in the department of administration responsible for administering telecommunications relay service, as determined by the secretary of administration, is transferred to the public service commission.

AB64,921,6 (b) Employee status. The employee transferred under paragraph (a ) has all the rights and the same status under chapter 230 of the statutes in the public service commission that the employee enjoyed in the department of administration immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, if the employee transferred under paragraph (a ) attained permanent status in class before the transfer, the employee is not required to serve a probationary period.

AB64,921,12 (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 telecommunications relay service, as determined by the secretary of administration, remain in effect and are transferred to the public service commission. The public service commission shall carry out any obligations under those contracts unless modified or rescinded by the commission to the extent allowed under the contracts.

AB64,921,16 (d) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to telecommunications relay service, as determined by the secretary of administration, become the assets and liabilities of the public service commission.

AB64,921,20 (e) 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 telecommunications relay service, as determined by the secretary of administration, is transferred to the public service commission.

AB64,921,25 (5) Facilities study. The department of administration shall study the potential consolidation of state facilities duties in a shared services model throughout the executive branch of state government, and shall include a request relating to that study in its biennial budget request under section 16.42 (1) of the statutes for the 2019-21 fiscal biennium.