Amendment SA1-SSA1-AB133

AB133-SSA1-SA1, s. 3191bu Section 3191bu. 945.05 (1m) of the statutes is created to read:

AB133-SSA1-SA1,476,18 945.05 (1m) Subsection (1) does not apply to a person who manufactures, transfers commercially or possesses with intent to transfer commercially gambling devices described in sub. (1) (a) and (b) to a nonprofit or public educational institution that provides an educational program for which it awards a bachelor's or higher degree for the use in a casino gaming management class.".

AB133-SSA1-SA1,476,19 1111. Page 1436, line 23: after that line insert:

AB133-SSA1-SA1,476,21 " Section 3191bd. 945.03 of the statutes is renumbered 945.03 (1m), and 945.03 (1m) (intro.), as renumbered, is amended to read:

AB133-SSA1-SA1,476,24 945.03 (1m) (intro.) Whoever intentionally does any of the following is engaged in commercial gambling and, except as provided in sub. (2m), is guilty of a Class E felony:

AB133-SSA1-SA1, s. 3191bf Section 3191bf. 945.03 (2m) of the statutes is created to read:

AB133-SSA1-SA1,477,6 945.03 (2m) If the violation of sub. (1m) involves the possession, operation, set up, collection of proceeds, participation in earnings or maintenance of, or involves acting as the custodian of anything of value bet or offered to be bet on, not more than 5 video gambling machines on premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125, the person may be penalized as follows:

AB133-SSA1-SA1,477,8 (a) If the violation involves one video gambling machine, the person may be required to forfeit not more than $500.

AB133-SSA1-SA1,477,10 (b) If the violation involves 2 video gambling machines, the person may be required to forfeit not more than $1,000.

AB133-SSA1-SA1,477,12 (c) If the violation involves 3 video gambling machines, the person may be required to forfeit not more than $1,500.

AB133-SSA1-SA1,477,14 (d) If the violation involves 4 video gambling machines, the person may be required to forfeit not more than $2,000.

AB133-SSA1-SA1,477,16 (e) If the violation involves 5 video gambling machines, the person may be required to forfeit not more than $2,500.

AB133-SSA1-SA1, s. 3191bh Section 3191bh. 945.04 of the statutes is renumbered 945.04 (1m), and 945.04 (1m) (intro.), as renumbered, is amended to read:

AB133-SSA1-SA1,477,20 945.04 (1m) (intro.) Whoever Except as provided in sub. (2m), whoever intentionally does any of the following is guilty of a Class A misdemeanor:

AB133-SSA1-SA1, s. 3191bj Section 3191bj. 945.04 (2m) of the statutes is created to read:

AB133-SSA1-SA1,477,25 945.04 (2m) If the violation of sub. (1m) involves the set up or use of not more than 5 video gambling machines on premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125, the person may be penalized as follows:

AB133-SSA1-SA1,478,2 (a) If the violation involves one video gambling machine, the person may be required to forfeit not more than $500.

AB133-SSA1-SA1,478,4 (b) If the violation involves 2 video gambling machines, the person may be required to forfeit not more than $1,000

AB133-SSA1-SA1,478,6 (c) If the violation involves 3 video gambling machines, the person may be required to forfeit not more than $1,500.

AB133-SSA1-SA1,478,8 (d) If the violation involves 4 video gambling machines, the person may be required to forfeit not more than $2,000

AB133-SSA1-SA1,478,10 (e) If the violation involves 5 video gambling machines, the person may be required to forfeit not more than $2,500.

AB133-SSA1-SA1, s. 3191bm Section 3191bm. 945.041 (11) of the statutes is created to read:

AB133-SSA1-SA1,478,15 945.041 (11) No proceeding under this section may be commenced to revoke a Class "B" or "Class B" license or permit issued under ch. 125 to a person solely because the person knowingly permits 5 or fewer video gambling machines to be set up, kept, managed, used or conducted upon the licensed premises.

AB133-SSA1-SA1, s. 3191bn Section 3191bn. 945.05 (1) (intro.) of the statutes is amended to read:

AB133-SSA1-SA1,478,19 945.05 (1) (intro.) Whoever Except as provided in sub. (1m), whoever manufactures, transfers commercially or possesses with intent to transfer commercially either of the following is guilty of a Class E felony:

AB133-SSA1-SA1, s. 3191bp Section 3191bp. 945.05 (1m) of the statutes is created to read:

AB133-SSA1-SA1,478,23 945.05 (1m) If a violation of sub. (1) involves the commercial transfer of a video gambling machine or possession of a video gambling machine with the intent to transfer commercially, the person is subject to a Class C forfeiture.".

AB133-SSA1-SA1,478,24 1112. Page 1439, line 7: after that line insert:

AB133-SSA1-SA1,479,1 " Section 3196m. 946.82 (4) of the statutes is amended to read:

AB133-SSA1-SA1,479,15 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 200.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (3) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 943.01 (2) or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (b) to (d), 943.201, 943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1) (b) and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (b) and (c), 943.60, 943.70, 944.205, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 947.015, 948.05, 948.08, 948.12 and 948.30.".

AB133-SSA1-SA1,479,16 1113. Page 1439, line 11: after that line insert:

AB133-SSA1-SA1,479,17 " Section 3197c. 948.22 (7) (bm) of the statutes is amended to read:

AB133-SSA1-SA1,479,23 948.22 (7) (bm) Upon request, the court may modify the amount of child or spousal support payments determined under par. (b) 2. if, after considering the factors listed in s. 767.25 (1m) or 767.51 (5), regardless of the fact that the action is not one for a determination of paternity or an action specified in s. 767.25 (1), the court finds, by the greater weight of the credible evidence, that the use of the percentage standard is unfair to the child or to either of the child's parents.".

AB133-SSA1-SA1,479,24 1114. Page 1447, line 3: after that line insert:

AB133-SSA1-SA1,480,1 " Section 3207w. 978.03 (1) of the statutes is amended to read:

AB133-SSA1-SA1,480,11 978.03 (1) The district attorney of any prosecutorial unit having a population of 500,000 or more may appoint 4 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration justice and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

AB133-SSA1-SA1, s. 3207x Section 3207x. 978.03 (1m) of the statutes is amended to read:

AB133-SSA1-SA1,480,23 978.03 (1m) The district attorney of any prosecutorial unit having a population of 200,000 or more but not more than 499,999 may appoint 3 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration justice and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

AB133-SSA1-SA1, s. 3207y Section 3207y. 978.03 (2) of the statutes is amended to read:

AB133-SSA1-SA1,481,9 978.03 (2) The district attorney of any prosecutorial unit having a population of 100,000 or more but not more than 199,999 may appoint one deputy district attorney and such assistant district attorneys as may be requested by the department of administration justice and authorized in accordance with s. 16.505. The deputy may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputy may perform any act required by law to be performed by the district attorney. The deputy must have practiced law in this state for at least 2 years prior to appointment under this section.".

AB133-SSA1-SA1,481,11 1115. Page 1447, line 10: delete "administration" and substitute "administration justice".

AB133-SSA1-SA1,481,13 1116. Page 1447, line 15: delete "administration" and substitute "administration justice and".

AB133-SSA1-SA1,481,14 1117. Page 1447, line 21: delete "administration" and substitute "justice".

AB133-SSA1-SA1,481,15 1118. Page 1448, line 4: delete "administration" and substitute "justice".

AB133-SSA1-SA1,481,16 1119. Page 1449, line 6: after that line insert:

AB133-SSA1-SA1,481,17 " Section 3210L. 978.045 (1g) of the statutes is amended to read:

AB133-SSA1-SA1,482,5 978.045 (1g) A court on its own motion may appoint a special prosecutor under sub. (1r) or a district attorney may request a court to appoint a special prosecutor under that subsection. Before a court appoints a special prosecutor on its own motion or at the request of a district attorney for an appointment that exceeds 6 hours per case, the court or district attorney shall request assistance from a district attorney, deputy district attorney or assistant district attorney from other prosecutorial units or an assistant attorney general. A district attorney requesting the appointment of a special prosecutor, or a court if the court is appointing a special prosecutor on its own motion, shall notify the department of administration justice, on a form provided by that department, of the district attorney's or the court's inability to obtain assistance from another prosecutorial unit or from an assistant attorney general.

AB133-SSA1-SA1, s. 3210m Section 3210m. 978.045 (2) (b) of the statutes is amended to read:

AB133-SSA1-SA1,482,8 978.045 (2) (b) The department of administration justice shall pay the compensation ordered by the court from the appropriation under s. 20.475 (1) (d).".

AB133-SSA1-SA1,482,9 1120. Page 1449, line 17: after that line insert:

AB133-SSA1-SA1,482,10 " Section 3211k. 978.11 of the statutes is amended to read:

AB133-SSA1-SA1,482,12 978.11 Budget. The department of administration justice shall prepare the budget of the prosecution system and submit it in accordance with s. 16.42.".

AB133-SSA1-SA1,482,13 1121. Page 1449, line 24: after that line insert:

AB133-SSA1-SA1,482,14 " Section 3211q. 978.12 (5) (c) 1. of the statutes is amended to read:

AB133-SSA1-SA1,482,21 978.12 (5) (c) 1. The salaries authorized under this section for the district attorney and the state employes of the office of district attorney shall be paid by the state treasurer to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration justice. The county treasurer shall pay the amounts directly to the district attorney and state employes of the office of district attorney and the amounts paid shall be subject to the retirement system established under chapter 201, laws of 1937.".

AB133-SSA1-SA1,482,23 1122. Page 1452, line 6: delete "administration" and substitute "administration justice".

AB133-SSA1-SA1,483,2 1123. Page 1452, line 17: delete "secretary of administration" and substitute "secretary of administration department of justice".

AB133-SSA1-SA1,483,3 1124. Page 1453, line 3: delete "administration" and substitute "justice".

AB133-SSA1-SA1,483,4 1125. Page 1462, line 24: after that line insert:

AB133-SSA1-SA1,483,6 " Section 3261dh. 1997 Wisconsin Act 27, sections 4338c, 4338e, 4338g and 4338i are repealed.

AB133-SSA1-SA1,483,7 " Section 3261d. 1997 Wisconsin Act 27, section 43k is repealed.

AB133-SSA1-SA1, s. 3261dc Section 3261dc. 1997 Wisconsin Act 27, section 59d is repealed.

AB133-SSA1-SA1, s. 3261dd Section 3261dd. 1997 Wisconsin Act 27, section 119d is repealed.

AB133-SSA1-SA1, s. 3261ddc Section 3261ddc. 1997 Wisconsin Act 27, section 200d is repealed.

AB133-SSA1-SA1, s. 3261dde Section 3261dde. 1997 Wisconsin Act 27, section 204d is repealed.

AB133-SSA1-SA1, s. 3261ddg Section 3261ddg. 1997 Wisconsin Act 27, section 205d is repealed.

AB133-SSA1-SA1, s. 3261de Section 3261de. 1997 Wisconsin Act 27, section 750 is repealed.

AB133-SSA1-SA1, s. 3261df Section 3261df. 1997 Wisconsin Act 27, section 1167d is repealed.

AB133-SSA1-SA1, s. 3261dg Section 3261dg. 1997 Wisconsin Act 27, section 3620m is repealed.

AB133-SSA1-SA1, s. 3261di Section 3261di. 1997 Wisconsin Act 27, section 4349d is repealed.

AB133-SSA1-SA1, s. 3261dj Section 3261dj. 1997 Wisconsin Act 27, section 4497d is repealed.".

AB133-SSA1-SA1,483,19 1126. Page 1463, line 21: delete "amended to read:" and substitute "repealed.".

AB133-SSA1-SA1,483,21 1127. Page 1463, line 22: delete the material beginning with that line and ending with page 1464, line 3.

AB133-SSA1-SA1,483,23 1128. Page 1465, line 20: delete the material beginning with that line and ending with page 1467, line 6.

AB133-SSA1-SA1,484,2 1129. Page 1467, line 8: delete the material beginning with that line and ending with page 1468, line 17 and substitute:

AB133-SSA1-SA1,484,6 "(1mb) Authorized positions. The authorized FTE positions for the department of administration, funded from the appropriation under section 20.505 (4) (o) of the statutes, are increased by 1.0 FED position to administer learn and serve grants.".

AB133-SSA1-SA1,484,7 1130. Page 1468, line 17: after that line insert:

AB133-SSA1-SA1,484,8 "(1d) Transfer of office of state prosecutor.

AB133-SSA1-SA1,484,9 (a) Positions and employes.

AB133-SSA1-SA1,484,13 1. On the effective date of this subdivision, all full-time equivalent positions in the department of administration having duties primarily related to the general program operations of the prosecution system, as determined by the secretary of administration, are transferred to the department of justice.

AB133-SSA1-SA1,484,15 2. All incumbent employes holding positions specified in subdivision 1. are transferred on the effective date of this subdivision to the department of justice.

AB133-SSA1-SA1,484,21 3. `Employes transferred under subdivision 2. have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of justice that they enjoyed in the department of administration immediately before the transfer. Notwithstanding section 230.28 (4) of the statues, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

AB133-SSA1-SA1,485,2 (b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to the general program operations of the prosecution system, as determined by the secretary of administration, shall become the assets and liabilities of the department of justice.

AB133-SSA1-SA1,485,7 (c) 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 general program operations of the prosecution system, as determined by the secretary of administration, is transferred to the department of justice.

AB133-SSA1-SA1,485,14 (d) 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 general program operations of the prosecution system, as determined by the secretary of administration, remain in effect and are transferred to the department of justice. The department of justice shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of justice to the extent allowed under the contract.

AB133-SSA1-SA1,485,24 (e) Rules and orders. All rules promulgated by the department of administration primarily related to the general program operations of the prosecution system that are in effect on the effective date of this paragraph shall become rules of the department of justice and shall remain in effect until their specified expiration dates or until amended or repealed by the department of justice. All orders issued by the department of administration primarily related to the general program operations of the prosecution system that are in effect on the effective date of this paragraph shall become orders of the department of justice and shall remain in effect until their specified expiration dates or until modified or rescinded by the department of justice.

AB133-SSA1-SA1,486,7 (f) Pending matters. Any matter pending with the department of administration on the effective date of this paragraph that is primarily related to the general program operations of the prosecution system, as determined by the secretary of administration, is transferred to the department of justice and 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 justice.".

AB133-SSA1-SA1,486,8 1131. Page 1468, line 17: after that line insert:

AB133-SSA1-SA1,486,12 "(1zt) Initial appointments to council on utility public benefits. Notwithstanding section 15.107 (17) (intro.) of the statutes, as created by this act, the initial members of the council on utility public benefits shall be appointed for the following terms: