Amendment SSA1-SB44

SB44-SSA1, s. 2752 Section 2752. 973.015 of the statutes is amended to read:

SB44-SSA1,1005,18 973.015 Misdemeanors, special disposition. (1) When a person is under the age of 21 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum penalty is imprisonment for one year or less in the county jail, the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition. This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23 (2) (a).

SB44-SSA1, s. 2759 Section 2759. 973.045 (2) of the statutes is amended to read:

SB44-SSA1,1005,23 973.045 (2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration under s. 59.25 (3) (f) 2.

SB44-SSA1, s. 2760 Section 2760. 973.045 (3) (a) (intro.) of the statutes is amended to read:

SB44-SSA1,1006,5 973.045 (3) (a) (intro.) The clerk shall record the crime victim and witness surcharge in 2 parts. Part A is the portion that the state treasurer secretary of administration shall credit to the appropriation account under s. 20.455 (5) (g) and part B is the portion that the state treasurer secretary of administration shall credit to the appropriation account under s. 20.455 (5) (gc), as follows:

SB44-SSA1, s. 2761 Section 2761. 973.045 (4) of the statutes is amended to read:

SB44-SSA1,1006,11 973.045 (4) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime victim and witness assistance surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer secretary of administration.

SB44-SSA1, s. 2762 Section 2762. 973.046 (2) of the statutes is amended to read:

SB44-SSA1,1006,16 973.046 (2) After the clerk of court determines the amount due, the clerk shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration under s. 59.25 (3) (f) 2.

SB44-SSA1, s. 2763 Section 2763. 973.046 (3) of the statutes is amended to read:

SB44-SSA1,1006,20 973.046 (3) All moneys collected from deoxyribonucleic acid analysis surcharges shall be deposited by the state treasurer secretary of administration as specified in s. 20.455 (2) (Lm) and utilized under s. 165.77.

SB44-SSA1, s. 2764 Section 2764. 973.046 (4) of the statutes is amended to read:

SB44-SSA1,1007,2 973.046 (4) If an inmate in a state prison or a person sentenced to a state prison has not paid the deoxyribonucleic acid analysis surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer secretary of administration.

SB44-SSA1, s. 2765 Section 2765. 973.055 (2) (a) of the statutes is amended to read:

SB44-SSA1,1007,8 973.055 (2) (a) If the assessment is imposed by a court of record, after the court determines the amount due, the clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2.

SB44-SSA1, s. 2766 Section 2766. 973.055 (2) (b) of the statutes is amended to read:

SB44-SSA1,1007,14 973.055 (2) (b) If the assessment is imposed by a municipal court, after a determination by the court of the amount due, the court shall collect and transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment to the state treasurer secretary of administration as provided in s. 66.0114 (1) (bm).

SB44-SSA1, s. 2767 Section 2767. 973.055 (3) of the statutes is amended to read:

SB44-SSA1,1007,18 973.055 (3) All moneys collected from domestic abuse assessments shall be deposited by the state treasurer secretary of administration in s. 20.435 (3) (hh) and utilized in accordance with s. 46.95.

SB44-SSA1, s. 2768 Section 2768. 973.09 (3) (bm) 1. of the statutes is amended to read:

SB44-SSA1,1007,23 973.09 (3) (bm) 1. At least 90 days before the expiration date of a probationer's period of probation, the department may notify the sentencing court and the district attorney that a probationer owes unpaid fees to the department under s. 304.073 or 304.074.

SB44-SSA1, s. 2769 Section 2769. 973.09 (3) (bm) 3. of the statutes is amended to read:

SB44-SSA1,1008,6 973.09 (3) (bm) 3. At a probation review hearing under subd. 2., the department has the burden of proving that the probationer owes unpaid fees under s. 304.073 or 304.074 and the amount of the unpaid fees. If the department proves by a preponderance of the evidence that the probationer owes unpaid fees under s. 304.073 or 304.074, the court may, by order, extend the period of probation for a stated period or modify the terms and conditions of probation.

SB44-SSA1, s. 2770 Section 2770. 973.09 (3) (c) 1. of the statutes is amended to read:

SB44-SSA1,1008,9 973.09 (3) (c) 1. The probationer has not made a good faith effort to discharge court-ordered payment obligations or to pay fees owed under s. 304.073 or 304.074.

SB44-SSA1, s. 2771 Section 2771. 973.11 (1) (intro.) of the statutes is amended to read:

SB44-SSA1,1008,23 973.11 (1) Placements. (intro.) If a person is convicted of or pleads guilty or no contest to one or more misdemeanors for which mandatory periods of imprisonment are not required, if the chief judge of the judicial administrative district has approved a volunteers in probation program established in the applicable county, and if the court decides that volunteer supervision under the program will likely benefit the person and the community and subject to the limitations under sub. (3), the court may withhold sentence or judgment of conviction and order that the person be placed with that volunteers in probation program. A person's participation in the program may not be used to conceal, withhold, or mask information regarding the judgment of conviction if the conviction is required to be included in a record kept under s. 343.23 (2) (a). Except as provided in sub. (3), the order shall provide any conditions that the court determines are reasonable and appropriate and may include, but need not be limited to, one or more of the following:

SB44-SSA1, s. 2776 Section 2776. 977.01 of the statutes is renumbered 977.01 (intro.) and amended to read:

SB44-SSA1,1009,2 977.01 Definitions. (intro.) In this chapter, unless the context requires otherwise, "board":

SB44-SSA1,1009,3 (1) "Board" means the public defender board.

SB44-SSA1, s. 2777 Section 2777. 977.01 (2) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44-SSA1,1009,10 977.01 (2) "Public assistance" means relief provided by counties under s. 59.53 (21), Wisconsin works under ss. 49.141 to 49.161, medical assistance under subch. IV of ch. 49, low-income energy assistance under s. 16.385 16.27, weatherization assistance under s. 16.39 16.26, and the food stamp program under 7 USC 2011 to 2029.

SB44-SSA1, s. 2778 Section 2778. 977.06 (1) (a) of the statutes is amended to read:

SB44-SSA1,1009,16 977.06 (1) (a) Verify the information necessary to determine indigency under s. 977.07 (2). The information provided by a person seeking assigned counsel that is subject to verification shall include any social security numbers provided on an application under sub. (1m), income records, value of assets, eligibility for public assistance, as defined in s. 106.215 (1) (fm), and claims of expenses.

SB44-SSA1, s. 2798 Section 2798 . 978.12 (1) (c) of the statutes is amended to read:

SB44-SSA1,1010,2 978.12 (1) (c) Assistant district attorneys. Assistant district attorneys shall be employed outside the classified service. For purposes of salary administration, the secretary of employment relations director of the office of state human resources management shall establish one or more classifications for assistant district attorneys in accordance with the classification or classifications allocated to assistant attorneys general. Except as provided in s. 111.93 (3), the salaries of assistant district attorneys shall be established and adjusted in accordance with the state compensation plan for assistant attorneys general whose positions are allocated to the classification or classifications established by the secretary of employment relations director of the office of state human resources management.

SB44-SSA1, s. 2800 Section 2800. 978.12 (5) (c) 1. of the statutes is amended to read:

SB44-SSA1,1010,10 978.12 (5) (c) 1. The salaries authorized under this section for the district attorney and the state employees of the office of district attorney shall be paid by the state treasurer secretary of administration to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration. The county treasurer shall pay the amounts directly to the district attorney and state employees of the office of district attorney and the amounts paid shall be subject to the retirement system established under chapter 201, laws of 1937.

SB44-SSA1, s. 2802 Section 2802. 978.13 (1) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

SB44-SSA1,1010,19 978.13 (1) (b) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving felony violations under ch. 961. The state treasurer secretary of administration shall pay the amount authorized under this subsection to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration from the appropriation under s. 20.475 (1) (i).

SB44-SSA1, s. 2803 Section 2803. 978.13 (1) (c) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

SB44-SSA1,1011,4 978.13 (1) (c) In counties having a population of 500,000 or more, the salary and fringe benefit costs of clerk positions in the district attorney's office necessary for the prosecution of violent crime cases primarily involving felony violations under s. 939.63, if a felony is committed while armed, and under ss. 940.01 to 940.03, 940.05, 940.06, 940.225, 943.23 (1g), and 943.32 (2). The state treasurer secretary of administration shall pay the amount authorized under this subsection to the county treasurer pursuant to a voucher submitted by the district attorney to the secretary of administration from the appropriation under s. 20.475 (1) (i).

SB44-SSA1, s. 2804 Section 2804. 978.13 (1) (d) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

SB44-SSA1,1011,13 978.13 (1) (d) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving the unlawful possession or use of firearms. The state treasurer secretary of administration shall pay the amount authorized under this subsection to the county treasurer from the appropriation under s. 20.475 (1) (f) or (i) pursuant to a voucher submitted by the district attorney to the department of administration.

SB44-SSA1, s. 2804d Section 2804d. 978.13 (1m) of the statutes, as created by 2001 Wisconsin Act 109, is amended to read:

SB44-SSA1,1011,19 978.13 (1m) The amount paid under sub. (1) (b) and, (c), and (d) combined may not exceed the amount appropriated under s. 20.475 (1) (i). The amount paid under sub. (1) (d) may not exceed the amount appropriated under s. 20.475 (1) (f) and (i) combined.

SB44-SSA1, s. 2806 Section 2806 . 1997 Wisconsin Act 4, section 4 (1) (title) is repealed.

SB44-SSA1, s. 2807 Section 2807 . 1997 Wisconsin Act 4, section 4 (1) (a), as last affected by 2001 Wisconsin Act 16, section 4035, is renumbered 301.16 (1u) of the statutes and amended to read:

SB44-SSA1,1012,6 301.16 (1u) Notwithstanding 1995 Wisconsin Act 27, section 9126 (23) and (26v), the department of corrections may, from July 1, 1997, until July 1, 2003, shall operate the secured correctional facility , as defined in s. 938.02 (15m) of the statutes, authorized under 1995 Wisconsin Act 27, section 9126 (26v), as a state prison named in section 302.01 of the statutes, as affected by this act, for the placement of prisoners, as defined in section 301.01 (2) of the statutes, who are not more than 21 years of age and who are not violent offenders, as determined by the department of corrections.

SB44-SSA1, s. 2808 Section 2808 . 1997 Wisconsin Act 4, section 4 (1) (b) is repealed.

SB44-SSA1, s. 2809 Section 2809. 1997 Wisconsin Act 27, section 9101 (11m) is amended to read:

SB44-SSA1,1012,14 [1997 Wisconsin Act 27] Section 9101 (11m) Report by land information board and Wisconsin land council. No later than September 1, 2002 2004, the land information board and Wisconsin land council shall report to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor concerning the issue of continuation of their functions, including the feasibility of combination of their functions.

SB44-SSA1, s. 2810 Section 2810 . 1997 Wisconsin Act 27, section 9111 (2u) is repealed.

SB44-SSA1, s. 2811 Section 2811. 1997 Wisconsin Act 27, section 9456 (3m), as last affected by 2001 Wisconsin Act 16, is amended to read:

SB44-SSA1,1012,25 [1997 Wisconsin Act 27] Section 9456 (3m) Elimination of land information board and Wisconsin land council. The treatment of sections 15.07 (1) (b) 16., 15.105 (16), 16.968 (by Section 142am), 20.505 (1) (title) (by Section 666h), 20.505 (1) (ka) (by Section 669am), 23.27 (3) (a) (by Section 769ad), 23.325 (1) (a), 36.09 (1) (e), 36.25 (12m) (intro.), 59.72 (1) (a) and (b), (3) (intro.), (a) and (b) and (5) and 92.10 (4) (a) of the statutes, the repeal of sections 16.966 (1), (2) and (4), 16.967, 20.505 (1) (ie), (ig), (ij) and (ks), 23.32 (2) (d), 59.43 (1) (u) and 59.72 (1) (am), (3) (c) and (4) of the statutes and Section 9101 (1) of this act take effect on September 1, 2003 2005.

SB44-SSA1, s. 2812 Section 2812. 1999 Wisconsin Act 9, section 9401 (2zt) is amended to read:

SB44-SSA1,1013,4 [1999 Wisconsin Act 9] Section 9401 (2zt) Wisconsin land council. The treatment of section 20.505 (1) (ka) (by Section 519) of the statutes takes effect on September 1, 2003 2005.

SB44-SSA1, s. 2813 Section 2813. 1999 Wisconsin Act 9, section 9401 (2zu) is amended to read:

SB44-SSA1,1013,10 [1999 Wisconsin Act 9] Section 9401 (2zu) Soil surveys and mapping. The repeal of sections 16.967 (11) and 20.505 (1) (ik) and of the statutes, the treatment of sections 15.01 (4) (by Section 12n) and 227.01 (1) (by Section 2353n) of the statutes and the repeal of section 16.965 (3) and (5) of the statutes take effect on September1, 2003 2005.

SB44-SSA1, s. 2813e Section 2813e. 2001 Wisconsin Act 16, section 9107 (1) (m) 1. and 3. are amended to read:

SB44-SSA1,1013,24 [2001 Wisconsin Act 16] Section 9107 (1) - See PDF for table

SB44-SSA1, s. 2813g Section 2813g. 2001 Wisconsin Act 16, section 9107 (1) (m) 3m. is created to read:

SB44-SSA1,1016,14 [2001 Wisconsin Act 16] Section 9107 (1) - See PDF for table

SB44-SSA1, s. 2813j Section 2813j. 2001 Wisconsin Act 16, section 9107 (1) (m) 4. is amended to read:

SB44-SSA1,1017,14 [2001 Wisconsin Act 16] Section 9107 (1) - See PDF for table

SB44-SSA1, s. 2814 Section 2814. 2001 Wisconsin Act 16, section 9152 (5y) is amended to read:

SB44-SSA1,1018,7 [2001 Wisconsin Act 16] Section 9152 (5y) Request on West Canal Street reconstruction and extension project funding. A request for additional funds in the 2003-05 fiscal biennium to complete the West Canal Street reconstruction and extension project specified under section 84.03 (3) of the statutes, as created by this act, shall require the city of Milwaukee to make a matching contribution to the amount of the grant to be awarded.

SB44-SSA1, s. 9101 Section 9101. Nonstatutory provisions; administration.

SB44-SSA1,1019,2 (1) Prosecution of drug crimes; Dane County. From federal and program revenue moneys appropriated to the department of administration for the office of justice assistance under section 20.505 (6) (kp) and (p) of the statutes, the department of administration shall expend $90,600 in fiscal year 2003-04 and $95,900 in fiscal year 2004-05 to provide the multijurisdictional enforcement group serving Dane County with funding for one assistant district attorney to prosecute criminal violations of chapter 961 of the statutes.

SB44-SSA1,1019,9 (2) Prosecution of drug crimes; Milwaukee County. From federal and program revenue moneys appropriated to the department of administration for the office of justice assistance under section 20.505 (6) (kp) and (p) of the statutes, the department of administration shall expend $286,300 in fiscal year 2003-04 and $294,900 in fiscal year 2004-05 to provide the multijurisdictional enforcement group serving Milwaukee County with funding for 3 assistant district attorneys to prosecute criminal violations of chapter 961 of the statutes.

SB44-SSA1,1019,10 (4) Transfer of housing operations transitional provisions.

SB44-SSA1,1019,15 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to the administration of subchapter II of chapter 16, 2001 stats., other than sections 16.385 and 16.39, 2001 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of commerce.

SB44-SSA1,1019,20 (b) Position and employee transfers. All incumbent employees holding positions in the department of administration performing duties primarily related to the administration of subchapter II of chapter 16, 2001 stats., other than sections 16.385 and 16.39, 2001 stats., as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of commerce.

SB44-SSA1,1020,2 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of commerce that they enjoyed in the department of administration 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.

SB44-SSA1,1020,7 (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 administration of subchapter II of chapter 16, 2001 stats., other than sections 16.385 and 16.39, 2001 stats., as determined by the secretary of administration, is transferred to the department of commerce.

SB44-SSA1,1020,15 (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 administration of subchapter II of chapter 16, 2001 stats., other than sections 16.385 and 16.39, 2001 stats., as determined by the secretary of administration, remain in effect and are transferred to the department of commerce. The department of commerce shall carry out any obligations under such a contract until the contract is modified, rescinded by the department of commerce to the extent allowed under the contract, or expires.

SB44-SSA1,1021,2 (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 administration of subchapter II of chapter 16, 2001 stats., other than sections 16.385 and 16.39, 2001 stats., remain in effect until their specified expiration date or until amended or repealed by the department of commerce. Any orders issued by the department of administration or the division of housing in the department of administration that are in effect on the effective date of this paragraph and that are primarily related to the administration of subchapter II of chapter 16, 2001 stats., other than sections 16.385 and 16.39, 2001 stats., remain in effect until their specified expiration date or until modified or rescinded by the department of commerce.

SB44-SSA1,1021,10 (g) Pending matters. Any matter pending with the department of administration or the division of housing in the department of administration that is primarily related to the administration of subchapter II of chapter 16, 2001 stats., other than sections 16.385 and 16.39, 2001 stats., is transferred to the department of commerce and all materials submitted to or actions taken by the department of administration or the division of housing in the department of administration with respect to such a matter are considered as having been submitted to or taken by the department of commerce.

SB44-SSA1,1021,11 (4k) Development of state government management systems and Web site.

SB44-SSA1,1021,12 (a) Definitions. In this subsection:

SB44-SSA1,1021,13 1. "Department" means the department of administration.

SB44-SSA1,1021,14 2. "Secretary" means the secretary of administration.

SB44-SSA1,1021,19 3. "State agency" means an office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, except that "state agency" does not include the legislative and judicial branches of state government or an authority.

SB44-SSA1,1022,2 (b) Competitive sealed proposals. During the 2003-05 fiscal biennium, the department shall solicit competitive sealed proposals under section 16.75 (2m) of the statutes for systems described in this paragraph. Each system shall be applicable to all state agencies and open to the participation of the legislative and judicial branches of state government and shall permit authorized persons to access the system via an Internet browser or device designed to access the World Wide Web. The systems are as follows:

SB44-SSA1,1022,5 1. A budgeting system that facilitates consideration in the budgeting process of information on the performance of programs, so that state funding decisions may be based on whether state agencies are accomplishing expected results.

SB44-SSA1,1022,6 2. An accounting system.