Amendment SA116-AB150

AB150-SA116,70,10 1. The adult is not in custody.

AB150-SA116,70,11 2. The adult has not yet been charged with a crime.

AB150-SA116, s. 7268c Section 7268c. 977.05 (6) (cm) of the statutes is created to read:

AB150-SA116,70,14 977.05 (6) (cm) The state public defender may not provide legal services or assign counsel for a child in a juvenile case if all of the following apply:

AB150-SA116,70,15 1. The child is not in custody.

AB150-SA116,70,17 2. The child is not yet subject to a proceeding under ch. 48 for which counsel is required under s. 48.23 or for which counsel may be appointed under s. 48.23.".

AB150-SA116,70,20 491. Page 2455, line 24: after "(b)" insert: "or, if the time limit specified in s. 809.30 (2) (b) is enlarged under s. 809.82 (2), within the time limit specified in the order enlarging time".

AB150-SA116,70,23 492. Page 2456, line 7: after "(b)" insert: "or, if the time limit specified in s. 809.30 (2) (b) is enlarged under s. 809.82 (2), within the time limit specified in the order enlarging time".

AB150-SA116,71,3 493. Page 2456, line 10: delete lines 10 and 11 and substitute: "counsel in a proceeding under s. 973.09 (3) to modify the conditions of a probationer's probation unless all of the following apply:".

AB150-SA116,71,5 494. Page 2457, line 10: delete "the social security numbers required" and substitute "any social security numbers provided".

AB150-SA116,71,7 495. Page 2457, line 24: strike through "the social security numbers required" and insert thereafter "any social security numbers provided".

AB150-SA116,71,9 496. Page 2458, line 4: delete "A person" and substitute "The state public defender shall request each person".

AB150-SA116,71,10 497. Page 2458, line 6: delete "shall" and substitute "to".

AB150-SA116,71,11 498. Page 2463, line 1: delete lines 1 to 19 and substitute:

AB150-SA116,71,15 "977.075 Payment for legal representation. (1) The board shall establish by rule fixed amounts as flat payments for the cost of representation that a person, other than a parent subject to s. 48.275 (2) (b), who is responsible for payment for legal representation, may elect to pay. The rule shall require all of the following:

AB150-SA116,71,17 (a) If a person elects to pay the applicable fixed amount, the person cannot be held liable for any additional payment for counsel.

AB150-SA116,71,19 (b) The person may pay the fixed amount only at the beginning of the representation.

AB150-SA116,72,2 (3) The board shall establish by rule a fee schedule that sets the amount that a person, other than a parent subject to s. 48.275 (2) (b), who is responsible for payment for legal representation shall pay for the cost of the legal representation. The schedule shall establish a fee for a given type of case, and the fee for a given type of case shall be based on the average cost, as determined by the board, for representation for that type of case.

AB150-SA116,72,6 (4) The board may establish by rule a procedure for collecting a nonrefundable partial payment within 60 days after the commencement of representation for legal services from persons who are responsible for payment for legal representation. This subsection does not apply to a parent who is subject to s. 48.275 (2) (b).

AB150-SA116,72,8 (5) The rules under subs. (3) and (4) do not apply to a person who has paid under sub. (1).".

AB150-SA116,72,9 499. Page 2464, line 11: after that line insert:

AB150-SA116,72,10 " Section 7281s. 977.077 of the statutes is created to read:

AB150-SA116,72,14 977.077 Deposit of payments received. Payments for services provided by the state public defender or other counsel under this chapter that are received pursuant to s. 977.07, 977.075 or 977.076 shall be deposited in the state treasury and credited to the appropriation under s. 20.550 (1) (L).".

AB150-SA116,72,16 500. Page 2464, line 17: delete the material beginning with that line and ending with page 2465, line 3, and substitute:

AB150-SA116,72,17 " Section 7284b. 977.08 (3) (f) of the statutes is amended to read:

AB150-SA116,73,5 977.08 (3) (f) Beginning on October 1, 1993, the The state public defender may shall enter into as many annual contracts as possible, subject to par. (fg), with private local attorneys or law firms for the provision of legal representation in cases involving the operation of a vehicle. Under any such contract, the state public defender shall assign cases without regard to pars. (c) and (d), shall set a fixed-fee total amount for all cases handled and shall pay the that amount specified in the contract, which shall not exceed the amount, except that the state public defender may not pay an attorney more for a case than he or she would receive according to the rates under sub. (4m). The contract shall include a procedure authorizing the state public defender to make additional payments for a case or to reassign a case if the circumstances surrounding the case justify the additional payment or reassignment.

AB150-SA116, s. 7284g Section 7284g. 977.08 (3) (fg) of the statutes is created to read:

AB150-SA116,73,10 977.08 (3) (fg) The total number of cases that may be subject to the annual contracts under par. (f) for a given year may not exceed 33% of the total number of cases at the trial level that are assigned by the state public defender to private counsel under this section for that year.".

AB150-SA116,73,12 501. Page 2465, line 21: before "private" insert "and before the effective date of this paragraph .... [revisor inserts date],".

AB150-SA116,73,13 502. Page 2467, line 22: delete lines 22 to 25.

AB150-SA116,73,14 503. Page 2468, line 14: delete lines 14 to 23.

AB150-SA116,73,15 504. Page 2469, line 11 delete lines 11 to 22.

AB150-SA116,73,16 505. Page 2471, line 23: after that line insert:

AB150-SA116,73,17 " Section 7298r. 1993 Wisconsin Act 16, section 9120 (2y), is repealed.".

AB150-SA116,73,18 506. Page 2482, line 5: substitute "2" for "6".

AB150-SA116,73,19 507. Page 2482, line 8: after "agencies" insert "and private businesses".

AB150-SA116,73,20 508. Page 2485, line 12: delete lines 12 to 16.

AB150-SA116,73,22 509. Page 2497, line 12: delete that line (and adjust the appropriate totals accordingly).

AB150-SA116,73,23 510. Page 2497, line 13: insert a dollar sign before "3,320,000".

AB150-SA116,74,2 511. Page 2500, line 6: substitute "800,000" for "1,100,000" (and adjust the appropriate totals accordingly).

AB150-SA116,74,4 512. Page 2505, line 2: delete that line (and adjust the appropriate totals accordingly).

AB150-SA116,74,5 513. Page 2505, line 3: before the dash insert "Milwaukee".

AB150-SA116,74,17 514. Page 2505, line 12: substitute "4,500,000" for "8,500,000"; and after that line insert: - See PDF for table - See PDF for table

AB150-SA116,74,23 515. Page 2505, line 16: after that line insert: - See PDF for table

AB150-SA116,74,25 516. Page 2505, line 16: substitute "916,000" for "1,916,600" (and adjust the appropriate totals accordingly).

AB150-SA116,74,27 517. Page 2505, line 19: delete lines 19 to 21 (and adjust the appropriate totals accordingly).

AB150-SA116,74,29 518. Page 2505, line 22: substitute "8,000,000" for "14,900,000" (and adjust the appropriate totals accordingly).

AB150-SA116,74,31 519. Page 2506, line 7: delete that line (and adjust the appropriate totals accordingly).

AB150-SA116,75,2 520. Page 2506, line 9: delete that line (and adjust the appropriate totals accordingly).

AB150-SA116,75,9 521. Page 2506, line 11: after that line insert the following (and adjust the appropriate totals accordingly): - See PDF for table

AB150-SA116,75,10 ".

AB150-SA116,75,17 522. Page 2506, line 12: after that line insert the following (and adjust the appropriate totals accordingly): - See PDF for table

AB150-SA116,75,19 523. Page 2514, line 15: delete the material beginning with that line and ending with page 2515, line 15.

AB150-SA116,75,20 524. Page 2526, line 17: after that line insert:

AB150-SA116,75,21 "(3g) Rules for private sewage systems.

AB150-SA116,75,26 (a) Notwithstanding sections 101.02 (1), 101.63 (1), 101.73 (1), 145.02 (2) to (4) and 145.13 and chapter 160 of the statutes, neither the department of industry, labor and human relations nor the department of development may submit notification under section 227.19 (2) of the statutes for proposed rules related to private sewage systems, as defined in section 145.01 (12) of the statutes, before July 1, 1997.

AB150-SA116,76,1 (b) Paragraph (a) does not apply to rules related to fees.

AB150-SA116,76,5 (c) 1. Before January 1, 1996, the department of development shall appoint an advisory committee under section 227.13 of the statutes to assist in the drafting of rules related to private sewage systems, as defined in section 145.01 (12) of the statutes, and to assist in the study provided for in subdivision 3.

AB150-SA116,76,14 2. The committee appointed under subdivision 1. shall include representatives of all of the following areas of interest and expertise: private sewage system users, farmers, land use planners, soil scientists, public health experts, professional engineers who design private sewage systems, plumbers who install private sewage systems, private sewage system pumpers and waste haulers, hydrogeologists, county elected representatives, county private sewage system program administrators, the Wisconsin Towns Association, the department of natural resources, the department of health and social services, private sewage system component manufacturers, real estate developers and construction contractors.

AB150-SA116,76,16 3. The department of development, with the assistance of the committee appointed under subdivision 1., shall study all of the following:

AB150-SA116,76,20 a. The effect of proposed private sewage system rules on at least all of the following: public health, surface water and groundwater quality, property values, land development patterns, the affordability of housing and the long-term maintenance costs of housing.

AB150-SA116,77,2 b. The capacity of current governmental institutions to provide for management of private sewage systems, including the status and effectiveness of local zoning and land use controls, the capabilities for review and approval of private sewage system designs, the capabilities for discovering and responding to private sewage system failure and the capabilities for assuring proper maintenance of private sewage systems.

AB150-SA116,77,4 c. The capacity of consultants and other private sewage system designers to develop effective private sewage system designs.

AB150-SA116,77,6 d. The likelihood of private sewage system failures and the consequences of those failures.

AB150-SA116,77,10 4. Before July 1, 1997, the department of development shall submit its findings as the result of the study under subdivision 3. to the governor and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees in the manner provided under section 13.172 (3) of the statutes.".

AB150-SA116,77,11 525. Page 2531, line 22: delete lines 22 to 24.

AB150-SA116,77,12 526. Page 2532, line 13: delete "$2,170,000" and substitute "$1,866,600".

AB150-SA116,77,15 527. Page 2532, line 14: after "1996-97" insert: ", and under section 20.515 (1) (w) of the statutes, $303,400 for fiscal year 1995-96 and $415,200 for fiscal year 1996-97,".

AB150-SA116,77,16 528. Page 2532, line 14: delete "$1,706,700" and substitute "$1,291,500".

AB150-SA116,77,17 529. Page 2535, line 3: delete lines 3 to 20 and substitute:

AB150-SA116,79,2 "(3jt) Pending arbitrations. As soon as possible after the effective date of this subsection, the employment relations commission shall, for each collective bargaining unit consisting of municipal employes in which the parties are engaged in a labor dispute and in which it has appointed an arbitrator or arbitration panel under section 111.70 (4) (cm) 6., 1993 stats., but for which no collective bargaining agreement has been entered into subsequent to that appointment as of that effective date, determine whether the dispute relates in whole or in part to a prohibited subject of bargaining under section 111.70 (4) (m) of the statutes, as created by this act. If the commission determines that the dispute relates in whole or in part to a prohibited subject of bargaining, the commission shall order the arbitrator or panel members to terminate any pending arbitration with respect to that dispute. If the arbitrator or arbitration panel has issued an award on the effective date of this subsection or if the arbitrator or panel issues an award on or after that date, the commission shall issue an order declaring the award void. The parties shall reimburse the arbitrator or arbitration panel for the costs of the arbitration. If an award has not been issued prior to the date of the order, the parties shall reimburse the arbitrator or arbitration panel members for all costs incurred in conducting the arbitration prior to the date of the order. The parties are not liable for any costs incurred to arbitrate any dispute or portion of a dispute that is not subject to arbitration under section 111.70 (1) (a) and (4) (cm) and (m) of the statutes, as affected by this act, on or after the date of any order by the commission to terminate the arbitration. If the dispute does not relate solely to a prohibited subject of bargaining under section 111.70 (4) (m) of the statutes, as created by this act, the commission shall then submit to the parties names for appointment of a new arbitrator or arbitration panel. Notwithstanding section 111.70 (3) (a) 4. and 7. and (b) 3. and 6. of the statutes, as affected by this act, no municipal employer, municipal employe or labor organization commits a prohibited practice by refusing to execute a collective bargaining agreement resulting from an award under section 111.70 (4) (cm) 6., 1993 stats., if any matter submitted to arbitration in the dispute resulting in that award is not subject to arbitration under section 111.70 (1) (a), (4) (cm) 6. and (m) of the statutes, as affected by this act. This subsection does not affect the obligations of a municipal employer and labor organization which have executed a collective bargaining agreement prior to the effective date of this subsection.".

AB150-SA116,79,3 530. Page 2541, line 11: after that line insert:

AB150-SA116,79,4 " Section 9124. Nonstatutory provisions; governor.

AB150-SA116,79,7 (1q) Family literacy advocate. The authorized FTE positions for the office of the governor, funded from the appropriation under section 20.525 (1) (a) of the statutes, are increased by 1.0 GPR position to serve as the family literacy advocate.".

AB150-SA116,79,8 531. Page 2543, line 20: delete lines 20 to 23 and substitute:

AB150-SA116,79,16 "(7m) School medical services emergency rule-making authority. Using the procedure under section 227.24 of the statutes, the department of health and social services shall promulgate rules required under section 49.45 (39) of the statutes, as created by this act, for the period before the effective date of permanent rules promulgated under section 49.45 (39) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) and (3) of the statutes, the department of health and social services is not required to make a finding of emergency.".

AB150-SA116,79,18 532. Page 2547, line 16: delete the material beginning with that line and ending with page 2549, line 25.

AB150-SA116,79,19 533. Page 2577, line 20: after that line insert:

AB150-SA116,80,2 "(let) Minority undergraduate grants. Subject to section 39.44 (3) of the statutes, as affected by this act, no minority undergraduate enrolled in an eligible private institution may have the amount of a grant awarded under section 39.44 of the statutes, as affected by this act, for the 1995-96 or 1996-97 academic year reduced from the amount of any grant awarded under section 39.44 of the statutes to the minority undergraduate for the 1994-95 academic year.".

AB150-SA116,80,3 534. Page 2593, line 9: delete lines 9 to 24.

AB150-SA116,80,4 535. Page 2594, line 1: delete lines 1 and 2.

AB150-SA116,80,5 536. Page 2596, line 4: delete lines 4 to 7 and substitute:

AB150-SA116,80,6 "(1) Public intervenor.

AB150-SA116,80,9 (a) Employe transfer. On the effective date of this paragraph, one incumbent employe holding a position in the department of justice performing duties as the public intervenor is transferred to the department of natural resources.

AB150-SA116,80,15 (b) Employe status. The employe transferred under paragraph (a) has all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of natural resources that the employe enjoyed in the department of justice immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

AB150-SA116,80,19 (c) Pending matters. Within 30 days after the effective date of this paragraph, the public intervenor shall withdraw from any action or proceeding before a court in which the public intervenor is a party. Within 30 days after the effective date of this paragraph, the public intervenor shall submit written notification to the".

AB150-SA116,80,21 537. Page 2596, line 10: after "information" insert "if the request was made for purposes of an action or proceeding threatened or pending before a court".