Amendment JR2 ASA1-AB1

AB1-ASA1,5,8 13.525 Joint review committee on criminal penalties. (1) Creation. There is created a joint review committee on criminal penalties composed of the following members:

AB1-ASA1,5,11 (a) One majority party member and one minority party member from each house of the legislature, appointed as are the members of standing committees in their respective houses.

AB1-ASA1,5,12 (b) The attorney general or his or her designee.

AB1-ASA1,5,13 (c) The secretary of corrections or his or her designee.

AB1-ASA1,5,14 (d) The state public defender or his or her designee.

AB1-ASA1,5,17 (e) A reserve judge who resides in the 1st, 2nd, 3rd, 4th, or 5th judicial administrative district and a reserve judge who resides in the 6th, 7th, 8th, 9th, or 10th judicial administrative district, appointed by the supreme court.

AB1-ASA1,5,20 (f) Two members of the public appointed by the governor, one of whom shall have law enforcement experience in this state and one of whom shall be an elected county official.

AB1-ASA1,5,23 (2) Officers. The majority party senator and the majority party representative to the assembly shall be cochairpersons of the committee. The committee shall elect a secretary from among its nonlegislator members.

AB1-ASA1,5,25 (3) Judicial and gubernatorial appointees. Members appointed under sub. (1) (e) or (f) shall serve at the pleasure of the authority appointing them.

AB1-ASA1,6,3 (4) Eligibility. A member shall cease to be a member upon losing the status upon which the appointment is based. Membership on the committee shall not be incompatible with any other public office.

AB1-ASA1,6,11 (5) Review of legislation relating to crimes. (a) If any bill that is introduced in either house of the legislature proposes to create a new crime or revise a penalty for an existing crime and the bill is referred to a standing committee of the house in which it is introduced, the chairperson may request the joint review committee to prepare a report on the bill under par. (b). If the bill is not referred to a standing committee, the speaker of the assembly, if the bill is introduced in the assembly, or the presiding officer of the senate, if the bill is introduced in the senate, may request the joint review committee to prepare a report on the bill under par. (b).

AB1-ASA1,6,14 (b) If the joint review committee receives a request under par. (a) for a report on a bill that proposes to create a new crime or revise a penalty for an existing crime, the committee shall prepare a report concerning all of the following:

AB1-ASA1,6,17 1. The costs that are likely to be incurred or saved by the department of corrections, the department of justice, the state public defender, the courts, district attorneys, and other state and local government agencies if the bill is enacted.

AB1-ASA1,6,19 2. The consistency of penalties proposed in the bill with existing criminal penalties.

AB1-ASA1,6,21 3. Alternative language needed, if any, to conform penalties proposed in the bill to penalties in existing criminal statutes.

AB1-ASA1,6,23 4. Whether acts prohibited under the bill are prohibited under existing criminal statutes.

AB1-ASA1,7,2 (c) The chief clerk shall print a report prepared by the committee under par. (b) as an appendix to the bill and attach it thereto as are amendments. The reproduction shall be in lieu of inclusion in the daily journal of the house in which the proposal is introduced.

AB1-ASA1,7,8 (d) If a bill that is introduced in either house of the legislature proposes to create a new crime or revise a penalty for an existing crime, a standing committee to which the bill is referred may not vote on whether to recommend the bill for passage and the bill may not be passed by the house in which it is introduced before the joint review committee submits a report under par. (b) or before the 30th day after a report is requested under par. (a), whichever is earlier.

AB1-ASA1,7,15 (5m) Recommendations regarding sentence modifications. (a) No later than the first day of the 6th month beginning after the effective date of this paragraph .... [revisor inserts date], the committee shall submit a report to the legislature, in the manner provided under s. 13.172 (2), and to the governor containing recommendations regarding standards and procedures to be used by a court to modify a bifurcated sentence. The report shall include any proposed legislation that is necessary to implement the recommendations made by the committee in its report.

AB1-ASA1,7,20 (b) Any proposed legislation included in the report under par. (a) shall provide that a bifurcated sentence that a court previously imposed may be modified only by reducing the term of confinement in prison portion of the sentence and lengthening the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change.

AB1-ASA1,7,25 (6) Committee powers and procedures. The committee may hold hearings as needed to elicit information for making a report under sub. (5) (b) or (5m) (a) or for developing proposed legislation under sub. (5m) (a). The committee shall meet at the call of its cochairpersons. All actions of the committee require the approval of a majority of all of its members.

AB1-ASA1, s. 9 Section 9. 13.525 (5m) of the statutes, as created by 2001 Wisconsin Act .... (this act), is repealed.

AB1-ASA1, s. 10 Section 10. 13.69 (6m) of the statutes is amended to read:

AB1-ASA1,8,8 13.69 (6m) Any principal, lobbyist or other individual acting on behalf of a principal who files a statement under s. 13.63 (1), 13.64, 13.65, 13.67 or 13.68 which he or she does not believe to be true may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1-ASA1, s. 13 Section 13. 15.01 (2) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,8,21 15.01 (2) "Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the Wisconsin waterways commission which shall consist of 5 members, the parole commission which shall consist of 8 members, and the Fox River management commission which shall consist of 7 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a "commission", but is not a commission for purposes of s. 15.06. The parole commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06. The sentencing commission created under s. 15.105 (27) shall be known as a "commission" but is not a commission for purposes of s. 15.06 (1) to (4m), (7), and (9).

AB1-ASA1, s. 14 Section 14. 15.105 (27) of the statutes is created to read:

AB1-ASA1,8,25 15.105 (27) Sentencing commission. (a) Creation; membership. There is created a sentencing commission that is attached to the department of administration under s. 15.03 and that shall consist of the following members:

AB1-ASA1,9,1 1. The attorney general or his or her designee.

AB1-ASA1,9,2 2. The state public defender or his or her designee.

AB1-ASA1,9,4 3. Seven members, at least 2 of whom are not employed by any unit of federal, state, or local government, appointed by the governor.

AB1-ASA1,9,7 4. One majority party member and one minority party member from each house of the legislature, appointed as are the members of standing committees in their respective houses.

AB1-ASA1,9,8 5. Two circuit judges, appointed by the supreme court.

AB1-ASA1,9,10 6. One representative of crime victims and one prosecutor, each appointed by the attorney general.

AB1-ASA1,9,12 7. One attorney in private practice engaged primarily in the practice of criminal defense, appointed by the criminal law section of the State Bar of Wisconsin.

AB1-ASA1,9,15 (b) Nonvoting members. The secretary of corrections or his or her designee, the chairperson of the parole commission or his or her designee, and the director of state courts or his or her designee shall be nonvoting members of the commission.

AB1-ASA1,9,17 (c) Terms. 1. Except as provided in subd. 2., members appointed under par. (a) 3. and 5. to 7. shall serve 3-year terms and are eligible for reappointment.

AB1-ASA1,9,20 2. The term of a circuit judge appointed under par. (a) 5. shall end when such person ceases to be a circuit judge. The term of a prosecutor appointed under par. (a) 6. shall end when such person ceases to be a prosecutor.

AB1-ASA1,9,23 (d) Officers. The governor shall designate annually one of the members of the commission as chairperson. The commission may elect officers other than a chairperson from among its members as its work requires.

AB1-ASA1,9,25 (e) Reimbursement and compensation. Members of the commission shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. An officer or employee of the state shall be reimbursed by the agency that pays the member's salary. Members who are full-time state officers or employees shall receive no compensation for their services. Other members shall be paid $25 per day, in addition to their actual and necessary expenses, for each day on which they are actually and necessarily engaged in the performance of their duties.

AB1-ASA1,10,6 (f) Sunset. This subsection does not apply after December 31, 2007.

AB1-ASA1, s. 14d Section 14d. 15.197 (25) (c) of the statutes is amended to read:

AB1-ASA1,10,8 15.197 (25) (c) This subsection does not apply beginning on July 1, 2002 2003.

AB1-ASA1, s. 14m Section 14m. 16.003 (2) of the statutes is amended to read:

AB1-ASA1,10,13 16.003 (2) Staff. Except as provided in ss. 16.548, 16.57, 978.03 (1), (1m) and (2), 978.04 and 978.05 (8) (b), the secretary shall appoint the staff necessary for performing the duties of the department. All staff shall be appointed under the classified service except as otherwise provided by law.

AB1-ASA1, s. 15 Section 15. 16.33 (1) (a) of the statutes is amended to read:

AB1-ASA1,10,18 16.33 (1) (a) Subject to sub. (2), make grants or loans, directly or through agents designated under s. 16.334, from the appropriation appropriations under s. 20.505 (7) (b) and (j) to persons or families of low or moderate income to defray housing costs of the person or family.

AB1-ASA1, s. 15c Section 15c. 16.33 (1) (a) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-ASA1,10,24 16.33 (1) (a) Subject to sub. (2), make grants or loans, directly or through agents designated under s. 16.334, from the appropriations appropriation under s. 20.505 (7) (b) and (j) to persons or families of low or moderate income to defray housing costs of the person or family.

AB1-ASA1, s. 16 Section 16. 16.40 (24) of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1-ASA1, s. 20m Section 20m. 16.548 (1) of the statutes is amended to read:

AB1-ASA1,11,9 16.548 (1) The department may maintain a federal-state relations office in Washington, D.C., for the purpose of promoting federal-state cooperation , headed by a director. The director and a staff assistant for the office shall be appointed by the governor outside the classified service, subject to the concurrence of the joint committee on legislative organization. The director and staff assistant shall serve at the pleasure of the governor.

AB1-ASA1, s. 24 Section 24. 19.42 (10) (p) of the statutes is created to read:

AB1-ASA1,11,12 19.42 (10) (p) A member, the executive director, or the deputy director of the sentencing commission.

AB1-ASA1, s. 24m Section 24m. 19.42 (13) (c) of the statutes is amended to read:

AB1-ASA1,11,15 19.42 (13) (c) All positions identified under s. 20.923 (2), (4), (4g), (6) (f) to (h), (7), and (8) to (10), except clerical positions.

AB1-ASA1, s. 25 Section 25. 19.42 (13) (o) of the statutes is created to read:

AB1-ASA1,11,18 19.42 (13) (o) The position of member, executive director, or deputy director of the sentencing commission.

AB1-ASA1, s. 26 Section 26. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

AB1-ASA1, s. 27 Section 27. 20.115 (1) (c) of the statutes, as affected by 2001 Wisconsin Act 38, is repealed.

AB1-ASA1, s. 28 Section 28. 20.115 (4) (f) of the statutes is repealed.

AB1-ASA1, s. 29 Section 29. 20.143 (1) (en) of the statutes is repealed.

AB1-ASA1, s. 30 Section 30. 20.143 (1) (in) of the statutes is repealed.

AB1-ASA1, s. 30m Section 30m. 20.245 (1) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,13,10 20.245 (1) (a) General program operations. The amounts in the schedule for general program operations of the historical society, except as provided under par. (ag).

AB1-ASA1, s. 30p Section 30p. 20.245 (1) (ag) of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1-ASA1, s. 31 Section 31. 20.255 (2) (ac) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,14,6 20.255 (2) (ac) General equalization aids. A sum sufficient for the payment of educational aids under ss. 121.08, 121.09, 121.095, and 121.105 and subch. VI of ch. 121 equal to $3,767,893,500 $4,200,945,900 in the 1999-2000 2002-03 fiscal year, equal to the amount determined by law in the 2003-04 fiscal year and biennially thereafter, and equal to the amount determined by the joint committee on finance under s. 121.15 (3m) (c) in each the 2004-05 fiscal year and biennially thereafter.

AB1-ASA1, s. 33 Section 33. 20.285 (1) (s) of the statutes is created to read:

AB1-ASA1,14,14 20.285 (1) (s) Energy costs; public benefits funding. From the utility public benefits fund, the amounts in the schedule to pay for utilities and for fuel, heat, and air conditioning, and to pay costs incurred under ss. 16.858 and 16.895, including all operating costs recommended by the department of administration that result from the installation of pollution abatement equipment in state-owned or state-operated heating, cooling, or power plants, by or on behalf of the board of regents. No moneys may be encumbered from this appropriation after June 30, 2003.

AB1-ASA1, s. 34 Section 34. 20.292 (1) (ep) of the statutes is repealed.

AB1-ASA1, s. 36 Section 36. 20.370 (1) (fe) 1. of the statutes is amended to read:

AB1-ASA1,14,25 20.370 (1) (fe) 1. From the general fund, a sum sufficient in fiscal year 1993-94 and in each fiscal year thereafter that equals the sum of the amount certified in that fiscal year under s. 71.10 (5) (h) 3. for the previous fiscal year and the amounts received under par. (gr) in that fiscal year for the purposes of the endangered resources program, as defined in s. 71.10 (5) (a) 2. The amount appropriated under this subdivision may not exceed $500,000 in a fiscal year, except that the amount appropriated under this subdivision in fiscal year 2001-02 may not exceed $482,500 and the amount appropriated under this subdivision in fiscal year 2002-03 may not exceed $475,000.

AB1-ASA1, s. 36b Section 36b. 20.370 (1) (kk) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,15,9 20.370 (1) (kk) Wild crane study. From the general fund, the amounts in the schedule for the study on crop damage by wild cranes under 2001 Wisconsin Act 16, section 9137 (6f). All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 8n. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall revert to the appropriation account under s. 20.505 (8) (hm). No moneys may be encumbered from this appropriation after June 30, 2003.

AB1-ASA1, s. 36d Section 36d. 20.370 (1) (mu) of the statutes is amended to read:

AB1-ASA1,15,16 20.370 (1) (mu) General program operations — state funds. The amounts in the schedule for general program operations that do not relate to the management and protection of the state's fishery resources under ss. 23.09 to 23.11, 27.01, 30.203, and 30.277, subch. VI of ch. 77, and chs. 26, 28, and 29, to provide funding under 2001 Wisconsin Act .... (this act), section 9137 (1w), and for transfers to the appropriation account under s. 20.285 (1) (kf).

AB1-ASA1, s. 36db Section 36db. 20.370 (1) (mu) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-ASA1,15,24 20.370 (1) (mu) General program operations — state funds. The amounts in the schedule for general program operations that do not relate to the management and protection of the state's fishery resources under ss. 23.09 to 23.11, 27.01, 30.203 and 30.277, subch. VI of ch. 77 and chs. 26, 28 and 29, to provide funding under 2001 Wisconsin Act .... (this act), section 9137 (1w), and for transfers to the appropriation account under s. 20.285 (1) (kf).

AB1-ASA1, s. 36kb Section 36kb. 20.370 (6) (bw) of the statutes is created to read:

AB1-ASA1,16,3 20.370 (6) (bw) Wheelchair recycling project. From the recycling fund, the amounts in the schedule for the wheelchair recycling project under 2001 Wisconsin Act .... (this act), section 9137 (1q).

AB1-ASA1, s. 36kc Section 36kc. 20.370 (6) (bw) of the statutes, as created by 2001 Wisconsin Act .... (this act), is repealed.

AB1-ASA1, s. 38 Section 38. 20.435 (2) (r) of the statutes is created to read:

AB1-ASA1,16,12 20.435 (2) (r) Energy costs; public benefits funding. From the utility public benefits fund, the amounts in the schedule to be used at mental health institutes and centers for the developmentally disabled to pay for utilities and for fuel, heat, and air conditioning and to pay costs incurred by or on behalf of the department under ss. 16.858 and 16.895. No moneys may be encumbered from this appropriation after June 30, 2003.

AB1-ASA1, s. 39 Section 39. 20.435 (5) (fh) of the statutes, as affected by 2001 Wisconsin Act 16, is repealed.

AB1-ASA1, s. 40 Section 40. 20.436 (1) (b) of the statutes is created to read:

AB1-ASA1,16,19 20.436 (1) (b) Annual transfer from general fund. Annually, beginning on June 15, 2004, a sum sufficient to be transferred to the tobacco control fund equal to $25,000,000, less the amount transferred from the permanent endowment fund under s. 13.101 (16) (b) in that year.

AB1-ASA1, s. 41 Section 41. 20.445 (3) (md) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1,17,5 20.445 (3) (md) Federal block grant aids. The amounts in the schedule, less the amounts withheld under s. 49.143 (3), for aids to individuals or organizations and to be transferred to the appropriation accounts under ss. 20.255 (2) (kh), and (kp), 20.433 (1) (k), 20.434 (1) (kp) and (ky), 20.435 (3) (kc), (kd), (km) , and (ky), (5) (ky), (7) (ky), and (8) (kx), 20.465 (4) (k), and 20.835 (2) (kf). All block grant moneys received for these purposes from the federal government or any of its agencies, all moneys transferred under 2001 Wisconsin Act .... (this act), section 9223 (17), from the appropriation account under s. 20.435 (7) (o), and all moneys recovered under s. 49.143 (3) shall be credited to this appropriation account.