Amendment SA2-SSA1-SB55

SB55-SSA1-SA2,653,6 980.08 (3m) A county department that receives a copy of an examiner's report under sub. (3) shall identify a residence in which the person may live if the court grants the person's petition under this section for supervised release. The identification of a residence by the county department is subject to approval by the department. The county department shall provide the court a written description of the residence before the hearing under sub. (4).

SB55-SSA1-SA2, s. 4034ycs Section 4034ycs. 980.08 (5) of the statutes is amended to read:

SB55-SSA1-SA2,654,9 980.08 (5) If the court finds that the person is appropriate for supervised release, the court shall notify the department and the county department for the person's county of residence. The department and the county department under s. 51.42 in the for the person's county of residence of the person, as determined under s. 980.105, shall prepare a plan that identifies the treatment and services, if any, that the person will receive in the community. The plan shall address the person's need, if any, for supervision, counseling, medication, community support services, residential services, vocational services, and alcohol or other drug abuse treatment. If the person is a serious child sex offender, the plan shall address the person's need for pharmacological treatment using an antiandrogen or the chemical equivalent of an antiandrogen. The department may contract with a county department, under s. 51.42 (3) (aw) 1. d., with another public agency, or with a private agency to provide the treatment and services identified in the plan. The plan shall specify who will be responsible for providing the treatment and services identified in the plan. The plan shall be presented to the court for its approval within 60 days after the court finding that the person is appropriate for supervised release, unless the department, county department and person to be released request additional time to develop the plan. If the The county department of for the person's county of residence declines to prepare a plan, the department may arrange for another county to prepare the plan if that the other county agrees to prepare the plan and if the person will be living in that county. If the department is unable to arrange for another county to prepare a plan, the court shall designate a county department to prepare the plan, order the county department to prepare the plan and place the person on supervised release in that county, except that the court may not so designate the county department in any county where there is a facility in which persons committed to institutional care under this chapter are placed unless that county is also the person's county of residence.".

SB55-SSA1-SA2,654,10 1364. Page 1280, line 22: after that line insert:

SB55-SSA1-SA2,654,12 " Section 4034yn. 980.105 (intro.) of the statutes is renumbered 980.015 (5) and amended to read:

SB55-SSA1-SA2,654,21 980.015 (5) Determination of county of residence. The court agency with jurisdiction shall determine a person's county of residence for the purposes of this chapter by doing all of the following: in accordance with the criteria set forth in this subsection. A person's county of residence is the county in which a person's habitation was voluntarily fixed and in which the person voluntarily intended to remain on the date that the person committed the sexually violent offense that resulted in the sentence, placement, or commitment that is in effect when the determination under this subsection is made. A person's physical presence at a place shall be considered prima facie evidence of the person's intent to remain at that place.

SB55-SSA1-SA2, s. 4034yo Section 4034yo. 980.105 (1) of the statutes is repealed.

SB55-SSA1-SA2, s. 4034yp Section 4034yp. 980.105 (2) of the statutes is repealed.".

SB55-SSA1-SA2,654,24 1365. Page 1280, line 22: after that line insert:

SB55-SSA1-SA2,655,1 " Section 16034yr. 985.01 (1g) of the statutes is amended to read:

SB55-SSA1-SA2,655,4 985.01 (1g) "Governing body" has the meaning given in s. 345.05 (1) (b) and includes a family care district board under s. 46.2895 and the Milwaukee County child welfare district board under s. 48.562.

SB55-SSA1-SA2, s. 4034yt Section 4034yt. 985.01 (3) of the statutes is amended to read:

SB55-SSA1-SA2,655,8 985.01 (3) "Municipality" has the meaning in s. 345.05 (1) (c) and includes a family care district under s. 46.2895 and the Milwaukee County child welfare district under s. 48.562.".

SB55-SSA1-SA2,655,9 1366. Page 1280, line 22: after that line insert:

SB55-SSA1-SA2,655,10 " Section 4034yp. 985.01 (3m) of the statutes is created to read:

SB55-SSA1-SA2,655,17 985.01 (3m) "Newspaper" means a publication appearing at regular intervals and at least once a week, containing reports of happenings of recent occurrence of a varied character, such as political, social, moral, and religious subjects, designed to inform the general reader. The definition includes a daily newspaper published in a county having a population of 500,000 or more, devoted principally to business news and publishing of records, which has been designated by the courts of record of the county for publication of legal notices for a period of 6 months or more.

SB55-SSA1-SA2, s. 4034yr Section 4034yr. 985.03 (1) (a) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,655,24 985.03 (1) (a) (intro.) No Except as provided in par. (am), no publisher of any newspaper in this state shall be awarded or be entitled to any compensation or fee for the publishing of any legal notice unless, for at least 2 of the 5 years immediately before the date of the notice publication, the newspaper has been published regularly and continuously in the city, village, or town where published, and has had a bona fide paid circulation:

SB55-SSA1-SA2, s. 4034ys Section 4034ys. 985.03 (1) (am) of the statutes is created to read:

SB55-SSA1-SA2,656,4 985.03 (1) (am) A publisher of a newspaper in this state may be awarded compensation or a fee for the publishing of any legal notice for a county or any unit of government in a county if the newspaper meets all of the following criteria:

SB55-SSA1-SA2,656,8 1. The newspaper is a free publication with a circulation, pick-up rate of 50,000 or more in the newspaper's county or multicounty service area, and the circulation, pick-up rate is independently audited by an auditing firm using generally accepted auditing standards.

SB55-SSA1-SA2,656,10 2. The newspaper has been published continuously for the 10 years immediately before the date of the notice publication.

SB55-SSA1-SA2,656,12 3. The newspaper has at least 2,500 copies of the newspaper picked up by readers from distribution points within that county.

SB55-SSA1-SA2,656,14 4. The newspaper is headquartered or published in a county having a population of 500,000 or more.

SB55-SSA1-SA2, s. 4034yt Section 4034yt. 985.03 (1) (c) of the statutes is repealed.".

SB55-SSA1-SA2,656,16 1367. Page 1280, line 22: after that line insert:

SB55-SSA1-SA2,656,17 " Section 4034ys. 980.101 of the statutes is created to read:

SB55-SSA1-SA2,656,23 980.101 Reversal, vacation or setting aside of judgment relating to a sexually violent offense; effect. (1) In this section, "judgment relating to a sexually violent offense" means a judgment of conviction for a sexually violent offense, an adjudication of delinquency on the basis of a sexually violent offense, or a judgment of not guilty of a sexually violent offense by reason of mental disease or defect.

SB55-SSA1-SA2,657,6 (2) If, at any time after a person is committed under s. 980.06, a judgment relating to a sexually violent offense committed by the person is reversed, set aside, or vacated and that sexually violent offense was a basis for the allegation made in the petition under s. 980.02 (2) (a), the person may bring a motion for postcommitment relief in the court that committed the person. The court shall proceed as follows on the motion for postcommitment relief:

SB55-SSA1-SA2,657,12 (a) If the sexually violent offense was the sole basis for the allegation under s. 980.02 (2) (a) and there are no other judgments relating to a sexually violent offense committed by the person, the court shall reverse, set aside, or vacate the judgment under s. 980.05 (5) that the person is a sexually violent person, vacate the commitment order, and discharge the person from the custody or supervision of the department.

SB55-SSA1-SA2,657,19 (b) If the sexually violent offense was the sole basis for the allegation under s. 980.02 (2) (a) but there are other judgments relating to a sexually violent offense committed by the person that have not been reversed, set aside, or vacated, or if the sexually violent offense was not the sole basis for the allegation under s. 980.02 (2) (a), the court shall determine whether to grant the person a new trial under s. 980.05 because the reversal, setting aside, or vacating of the judgement for the sexually violent offense would probably change the result of the trial.

SB55-SSA1-SA2,657,21 (3) An appeal may be taken from an an order entered under sub. (2) as from a final judgment.".

SB55-SSA1-SA2,657,22 1368. Page 1281, line 6: after that line insert:

SB55-SSA1-SA2,657,24 " Section 4034r. Laws of 1975, chapter 105, section 1 (1) and (2) are amended to read:

SB55-SSA1-SA2,658,17 [Laws of 1975, chapter 105] Section 1 (1) The legislature finds that the existing system of allocating aggregate property tax revenues among tax levying municipalities has resulted in significant inequities and disincentives. The cost of public works or improvements within a city or, village, or town that is located in a county that does not contain any cities or villages has been borne entirely by the city or, village, or town that is located in a county that does not contain any cities or villages, while the expansion of tax base which is stimulated, directly or indirectly, by such improvements, benefits not only the city or, village, or town that is located in a county that does not contain any cities or villages but also all municipalities which share such tax base. This situation is inequitable. Moreover, when the cost to a city or, village, or town that is located in a county that does not contain any cities or villages of a public improvement project exceeds the future benefit to the city or, village, or town that is located in a county that does not contain any cities or villages resulting therefrom, the city or, village , or town that is located in a county that does not contain any cities or villages may decide not to undertake such project. This situation has resulted in the postponement or cancellation of socially desirable projects.

SB55-SSA1-SA2,658,24 (2) The legislature further finds that accomplishment of the vital and beneficial public purposes of sections 66.405 to 66.425, 66.43, 66.431, 66.435 and 66.52 of the statutes, is being frustrated because of a lack of incentives and financial resources. The purpose of this act is to create a viable procedure by which a city or, village, or town that is located in a county that does not contain any cities or villages, through its own initiative and efforts, may finance projects which will tend to accomplish these laudable objectives.".

SB55-SSA1-SA2,659,1 1369. Page 1283, line 13: after that line insert:

SB55-SSA1-SA2,659,2 " Section 4046s. 1999 Wisconsin Act 9, section 9158 (8w) (e) is repealed.".

SB55-SSA1-SA2,659,3 1370. Page 1287, line 18: delete lines 18 to 25.

SB55-SSA1-SA2,659,4 1371. Page 1288, line 1: delete lines 1 to 11.

SB55-SSA1-SA2,659,5 1372. Page 1288, line 16: delete "20.530 (1)".

SB55-SSA1-SA2,659,6 1373. Page 1288, line 20: delete "20.530 (1)".

SB55-SSA1-SA2,659,7 1374. Page 1288, line 22: delete lines 22 to 25.

SB55-SSA1-SA2,659,8 1375. Page 1289, line 1: delete lines 1 and 2.

SB55-SSA1-SA2,659,9 1376. Page 1291, line 17: delete lines 17 to 25.

SB55-SSA1-SA2,659,10 1377. Page 1292, line 18: delete lines 18 to 23.

SB55-SSA1-SA2,659,11 1378. Page 1293, line 10: delete lines 10 to 14.

SB55-SSA1-SA2,659,12 1379. Page 1295, line 7: delete "$1,864,700" and substitute "$1,484,700".

SB55-SSA1-SA2,659,13 1380. Page 1295, line 23: delete lines 23 and 24.

SB55-SSA1-SA2,659,14 1381. Page 1296, line 1: delete lines 1 to 25.

SB55-SSA1-SA2,659,15 1382. Page 1297, line 1: delete lines 1 to 25.

SB55-SSA1-SA2,659,16 1383. Page 1298, line 1: delete lines 1 to 4 and substitute:

SB55-SSA1-SA2,659,17 "(15q) Authorized positions.

SB55-SSA1-SA2,659,20 (a) The authorized FTE positions for the department of administration, funded from the appropriation under section 20.505 (1) (ja) of the statutes, are increased by 19.0 PR positions to reflect the deletion of the department of electronic government.

SB55-SSA1-SA2,660,3 (b) The authorized FTE positions for the department of administration, funded from the appropriation under section 20.505 (1) (ke) of the statutes, are increased by 29.0 PR positions to reflect the deletion of the department of electronic government.

SB55-SSA1-SA2,660,7 (c) The authorized FTE positions for the department of administration, funded from the appropriation under section 20.505 (1) (kL) of the statutes, are increased by 168.30 PR positions to reflect the deletion of the department of electronic government.

SB55-SSA1-SA2,660,10 (d) The authorized FTE positions for the department of administration, funded from the appropriation under section 20.505 (1) (kq) of the statutes, are increased by 3.0 PR positions to reflect the deletion of the department of electronic government.

SB55-SSA1-SA2,660,13 (e) The authorized FTE positions for the department of administration, funded from the appropriation under section 20.505 (4) (is) of the statutes are increased by 1.0 PR position to reflect the deletion of the department of electronic government.".

SB55-SSA1-SA2,660,14 1384. Page 1298, line 17: delete lines 17 to 24.

SB55-SSA1-SA2,660,15 1385. Page 1298, line 24: after that line insert:

SB55-SSA1-SA2,661,2 "(21g) Study on the state payment of tuition. The department of administration shall study the development and implementation of a tuition grant program that would pay the cost of 2 years of postsecondary education. The department shall ensure that representatives of all of the following agencies are included on the study team: the higher educational aids board, the department of public instruction, the board of regents of the University of Wisconsin System, the state technical college system board, and the department of workforce development. By July 1, 2002, the department of administration shall submit the results of the study to the governor and to the legislature in the manner provided under section 13.172 (2) of the statutes.".

SB55-SSA1-SA2,661,3 1386. Page 1298, line 24: after that line insert:

SB55-SSA1-SA2,661,6 "(21c) Transfer of sentencing commission records. The department of administration shall transfer all records of the sentencing commission to the director of state courts as soon as possible after the effective date of this subsection.".

SB55-SSA1-SA2,661,7 1387. Page 1298, line 24: after that line insert:

SB55-SSA1-SA2,661,23 "(21j) Community justice center grants. (a) From the appropriation accounts under section 20.505 (6) (kp) of the statutes and section 20.505 (6) (p) of the statutes, as affected by this act, the office of justice assistance shall allocate $150,000 in fiscal year 2001-02 and $150,000 in fiscal year 2002-03 in grants to consortiums consisting of local government agencies and community-based organizations for planning community justice center programs. The office of justice assistance shall establish eligibility criteria for grants under this subsection, including specification of the types of agencies and organizations that may receive grants. The maximum amount that the office may award any single consortium under this subsection is a one-time grant of $50,000. The office of justice assistance shall establish guidelines for administering the grant program under this subsection, including guidelines for evaluating and selecting grant recipients. The office shall give priority for receipt of funds under this subsection to consortiums that serve localities in which the incidence of crime is high relative to other localities in the state and to localities for which the ratio of persons placed at the county jail to the capacity of the jail is high relative to other localities in the state.

SB55-SSA1-SA2,662,5 (b) From the appropriation accounts under section 20.505 (6) (kp) of the statutes and section 20.505 (6) (p) of the statutes, as affected by this act, the office of justice assistance shall allocate $50,000 of the amount available for grants for planning community justice center programs under paragraph (a) to the community justice center in Milwaukee in fiscal year 2001-02.".

SB55-SSA1-SA2,662,6 1388. Page 1300, line 1: delete lines 1 to 7.

SB55-SSA1-SA2,662,7 1389. Page 1300, line 8: delete lines 8 to 12.

SB55-SSA1-SA2,662,8 1390. Page 1300, line 12: after that line insert:

SB55-SSA1-SA2,662,13 "(4q) Telephone solicitation regulation. The authorized FTE positions for the department of agriculture, trade and consumer protection are increased by 5.5 PR positions, to be funded from the appropriation under section 20.115 (8) (jm) of the statutes, as created by this act, for the purpose of regulating telephone solicitations under section 100.52 of the statutes, as created by this act.".

SB55-SSA1-SA2,662,14 1391. Page 1300, line 12: after that line insert:

SB55-SSA1-SA2,662,19 "(4f) Soil and water management positions. The authorized FTE positions for the department of agriculture, trade and consumer protection are increased by 11.0 SEG positions, funded by the appropriation under section 20.115 (7) (qd) of the statutes, to reflect the transfer of funding for nonpoint source water pollution control to the environmental fund.".

SB55-SSA1-SA2,662,20 1392. Page 1300, line 12: after that line insert:

SB55-SSA1-SA2,662,21 "(4xv) Transfer of consumer protection functions

SB55-SSA1-SA2,663,8 (a) Assets and liabilities. All assets and liabilities of the department of agriculture, trade and consumer protection that are primarily related to programs or functions transferred to the department of justice under this act shall become the assets and liabilities of the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly determine these assets and liabilities and shall jointly develop and implement a plan for their orderly transfer. In the event of any disagreement between the departments, the secretary of administration shall decide the question. If either department is dissatisfied with the secretary's decision, the department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.

SB55-SSA1-SA2,663,16 (b) Employee transfers. In the department of agriculture, trade and consumer protection 15.5 FTE positions that are primarily related to programs or functions that are transferred to the department of justice under this act, and the incumbents holding these positions are transferred to the department of justice. The secretary of administration shall determine which incumbents will be transferred. If either department is dissatisfied with the secretary's decision, the department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.

SB55-SSA1-SA2,663,22 (c) Employee status. Employees transferred under paragraph (b) have all the rights and 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 agriculture, trade and consumer protection immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

SB55-SSA1-SA2,664,9 (d) Supplies and equipment. All tangible personal property, including records, of the department of agriculture, trade and consumer protection that are primarily related to programs or functions that are transferred to the department of justice under this act are transferred to the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly identify the tangible personal property, including records, and shall jointly develop and implement a plan for their orderly transfer. In the event of any disagreement between the departments, the secretary of administration shall decide the question. If either department is dissatisfied with the secretary's decision, the department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.

SB55-SSA1-SA2,664,15 (e) Pending matters. Any matter pending with the department of agriculture, trade and consumer protection that is primarily related to a program or function that is transferred to the department of justice under this act is transferred to the department of justice. All materials submitted or actions taken by the department of agriculture, trade and consumer protection with respect to the pending matter are considered as having been submitted to or taken by the department of justice.

SB55-SSA1-SA2,665,5 (f) Contracts. All contracts entered into by the department of agriculture, trade and consumer protection or the department of justice that are primarily related to programs or functions transferred to the department of justice under this act, and that are in effect on the effective date of this paragraph, remain in effect and those contracts entered into by the department of agriculture, trade and consumer protection are transferred to the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly identify these contracts and shall jointly develop and implement a plan for their orderly transfer. In the event of any disagreement between the departments, the secretary of administration shall decide the question. If either department is dissatisfied with the secretary's decision, the department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision. The department of justice shall carry out the obligations under these contracts until the obligations are modified or rescinded by the department of justice to the extent allowed under the contract.

SB55-SSA1-SA2,665,15 (g) Rules and orders. All rules promulgated by the department of agriculture, trade and consumer protection that are in effect on the effective date of this paragraph and that are primarily related to programs or functions that are transferred to the department of justice under this act remain in effect until their specified expiration date or until amended or repealed by the department of justice. All orders issued by the department of agriculture, trade and consumer protection that are in effect on the effective date of this paragraph and that are primarily related to programs or functions transferred to the department of justice under this act remain in effect until their specified expiration date or until modified or rescinded by the department of justice.

SB55-SSA1-SA2,665,19 (h) Decrease in positions. The authorized FTE positions for the department of agriculture, trade and consumer protection, funded from the appropriation under section 20.115 (1) (c) of the statutes, as affected by this act, are decreased by 4.0 GPR positions.".

SB55-SSA1-SA2,665,27 1393. Page 1302, line 15: after that line insert (and adjust the appropriate totals accordingly): - See PDF for table

SB55-SSA1-SA2,666,8 1394. Page 1302, line 22: after that line insert (and adjust the appropriate totals accordingly): - See PDF for table

SB55-SSA1-SA2,666,15 1395. Page 1304, line 15: after that line insert (and adjust the appropriate totals accordingly): - See PDF for table

SB55-SSA1-SA2,666,17 1396. Page 1306, line 13: delete lines 13 to 15, and adjust the appropriate totals accordingly.

SB55-SSA1-SA2,667,2 1397. Page 1314, line 4: delete "45,500,000" and substitute "140,500,000", and adjust the appropriate totals accordingly.

SB55-SSA1-SA2,667,3 1398. Page 1314, line 12: delete "45,500,000" and substitute "149,500,000".

SB55-SSA1-SA2,667,11 1399. Page 1315, line 6: after that line insert the following (and adjust the appropriate totals accordingly): - See PDF for table