Amendment AA1-ASA1-SB40

SB40-ASA1-AA1,43,8 73. Page 36, line 25: delete that line.

SB40-ASA1-AA1,43,9 74. Page 37, line 1: delete lines 1 to 8.

SB40-ASA1-AA1,43,10 75. Page 37, line 9: delete lines 9 to 25.

SB40-ASA1-AA1,43,11 76. Page 38, line 1: delete lines 1 and 2.

SB40-ASA1-AA1,43,12 77. Page 38, line 2: after that line insert:

SB40-ASA1-AA1,43,13 " Section 99c. 16.59 of the statutes is created to read:

SB40-ASA1-AA1,43,14 16.59 State funding of mandates. (1) In this section:

SB40-ASA1-AA1,43,15 (a) "Local governmental unit" has the meaning given in s. 19.42 (7u).

SB40-ASA1-AA1,43,16 (b) "Mandate" has the meaning given in s. 227.112 (1) (b).

SB40-ASA1-AA1,44,2 (2) From the appropriation under s. 20.505 (1) (bm) or such other appropriations designated by law for such purpose, on the basis of the report prepared under s. 13.59 (5) and other relevant information available to the department, the department shall reimburse local governmental units for their approximate costs not otherwise funded by the state that are attributable to mandates that are subject to the funding requirements under s. 13.591 or 227.112. Reimbursements under this subsection shall be made on an annual basis and shall be accompanied by a statement identifying each mandate for which reimbursement is made and the amount of reimbursement for each mandate.".

SB40-ASA1-AA1,44,3 78. Page 38, line 2: after that line insert:

SB40-ASA1-AA1,44,4 " Section 99m. 16.548 of the statutes is repealed.".

SB40-ASA1-AA1,44,5 79. Page 38, line 5: delete "235, or" and substitute " 235, or".

SB40-ASA1-AA1,44,7 80. Page 39, line 16: delete the material beginning with that line and ending with page 40, line 2.

SB40-ASA1-AA1,44,8 81. Page 40, line 18: delete lines 18 to 25.

SB40-ASA1-AA1,44,9 82. Page 45, line 23: after that line insert:

SB40-ASA1-AA1,44,10 " Section 112d. 16.841 of the statutes is repealed.".

SB40-ASA1-AA1,44,11 83. Page 45, line 23: after that line insert:

SB40-ASA1-AA1,44,12 " Section 112e. 16.838 (1) (b) of the statutes is amended to read:

SB40-ASA1-AA1,44,14 16.838 (1) (b) "Authority" means a body created under subch. II of ch. 114 or ch. 231, 232, 233, 234, 235, or 237.".

SB40-ASA1-AA1,44,15 84. Page 46, line 1: after "projects." insert "(a)".

SB40-ASA1-AA1,44,16 85. Page 46, line 6: after that line insert:

SB40-ASA1-AA1,44,20 "(b) The department shall measure and verify each energy conservation construction project funded under this subsection in accordance with the performance measurement and verification guidelines adopted by the federal Energy Management Program.

SB40-ASA1-AA1,45,3 (c) The department shall, to the extent feasible, use the procedures under s. 16.858 to carry out energy conservation construction projects funded under this subsection. In any contract entered into by the department under s. 16.858 that is funded under this subsection, the contract shall set forth the minimum savings in energy usage that will be realized by the state from construction of the project and the contractor shall guarantee that the savings will be realized.".

SB40-ASA1-AA1,45,4 86. Page 46, line 14: after that line insert:

SB40-ASA1-AA1,45,5 " Section 112w. 16.848 (2) (b) of the statutes is repealed.".

SB40-ASA1-AA1,45,6 87. Page 48, line 23: delete "235, or" and substitute "235, or".

SB40-ASA1-AA1,45,8 88. Page 48, line 24: delete the material beginning with that line and ending with page 50, line 2.

SB40-ASA1-AA1,45,9 89. Page 50, line 3: delete lines 3 to 7.

SB40-ASA1-AA1,45,10 90. Page 50, line 7: after that line insert:

SB40-ASA1-AA1,45,11 " Section 118e. 16.964 (title) of the statutes is repealed.

SB40-ASA1-AA1, s. 118g Section 118g. 16.964 (1) (intro.) of the statutes is repealed.

SB40-ASA1-AA1, s. 118i Section 118i. 16.964 (1) (a) of the statutes is renumbered 165.25 (12).

SB40-ASA1-AA1, s. 118k Section 118k. 16.964 (1) (b) of the statutes is renumbered 165.25 (13) and amended to read:

SB40-ASA1-AA1,45,22 165.25 (13) Juvenile justice improvement plan. Prepare a state comprehensive juvenile justice improvement plan on behalf of the governor. The plan shall be submitted to the joint committee on finance in accordance with s. 16.54 and to the appropriate standing committees of each house of the legislature as determined by the presiding officer of each house. The plan shall be updated periodically and shall be based on an analysis of the state's juvenile justice needs and problems.

SB40-ASA1-AA1, s. 118m Section 118m. 16.964 (1) (c) of the statutes is renumbered 165.25 (14).

SB40-ASA1-AA1, s. 118o Section 118o. 16.964 (1) (d) of the statutes is renumbered 165.25 (15).

SB40-ASA1-AA1, s. 118q Section 118q. 16.964 (1) (e) of the statutes is renumbered 165.25 (16).".

SB40-ASA1-AA1,46,2 91. Page 50, line 8: delete that line and substitute:

SB40-ASA1-AA1,46,4 " Section 119c. 16.964 (1) (f) of the statutes is renumbered 165.25 (17) and amended to read:

SB40-ASA1-AA1,46,7 165.25 (17) Maintain a statistical analysis center to serve as a clearing house of justice system data and information and conduct justice system research and data analysis under this section.".

SB40-ASA1-AA1,46,8 92. Page 50, line 9: before that line insert:

SB40-ASA1-AA1,46,10 " Section 119e. 16.964 (1) (g) of the statutes is renumbered 165.845 (1) (a) and amended to read:

SB40-ASA1-AA1,46,17 165.845 (1) (a) Collect information concerning the number and nature of offenses known to have been committed in this state and such other information as may be useful in the study of crime and the administration of justice. The office department of justice may determine any other information to be obtained regarding crime and justice system statistics. The information shall include data requested by the federal bureau of investigation under its system of uniform crime reports for the United States.

SB40-ASA1-AA1, s. 119g Section 119g. 16.964 (1) (h) of the statutes is renumbered 165.845 (1) (b) and amended to read:

SB40-ASA1-AA1,46,23 165.845 (1) (b) Furnish all reporting officials with forms or instructions or both that specify the nature of the information required under par. (g) (a), the time it is to be forwarded, the method of classifying and any other matters that facilitate collection and compilation.

SB40-ASA1-AA1, s. 119i Section 119i. 16.964 (1) (i) of the statutes is repealed.

SB40-ASA1-AA1, s. 119k Section 119k. 16.964 (2) of the statutes is renumbered 165.845 (2) and amended to read:

SB40-ASA1-AA1,47,6 165.845 (2) All persons in charge of law enforcement agencies and other criminal and juvenile justice system agencies shall supply the office department of justice with the information described in sub. (1) (g) (a) on the basis of the forms or instructions or both to be supplied by the office department under sub. (1) (g) (a).".

SB40-ASA1-AA1,47,7 93. Page 50, line 9: delete lines 9 to 11 and substitute:

SB40-ASA1-AA1,47,8 " Section 120g. 16.964 (3) of the statutes is repealed.".

SB40-ASA1-AA1,47,9 94. Page 50, line 11: after that line insert:

SB40-ASA1-AA1,47,11 " Section 120m. 16.964 (5) of the statutes is renumbered 165.986, and 165.986 (1), (2), (3) (intro.), (4) and (6), as renumbered, are amended to read:

SB40-ASA1-AA1,47,21 165.986 (1) The office department shall provide grants from the appropriation under s. 20.505 (6) (c) 20.455 (2) (cr) to cities to employ additional uniformed law enforcement officers whose primary duty is beat patrolling. A city is eligible for a grant under this subsection section in fiscal year 1994-95 if the city has a population of 25,000 or more. A city may receive a grant for a calendar year if the city applies for a grant before September 1 of the preceding calendar year. Grants shall be awarded to the 10 eligible cities submitting an application for a grant that have the highest rates of violent crime index offenses in the most recent full calendar year for which data is available under the uniform crime reporting system of the federal bureau of investigation.

SB40-ASA1-AA1,48,4 (2) A city applying to the office department for a grant under this subsection section shall include a proposed plan of expenditure of the grant moneys. The grant moneys that a city receives under this subsection section may be used for salary and fringe benefits only. Except as provided in par. (c) sub. (3), the positions for which funding is sought must be created on or after April 21, 1994, and result in a net increase in the number of uniformed law enforcement officers assigned to beat patrol duties.

SB40-ASA1-AA1,48,11 (3) (intro.) During the first 6 months of the first year of a grant, a city may, with the approval of the office department, use part of the grant for the payment of salary and fringe benefits for overtime provided by uniformed law enforcement officers whose primary duty is beat patrolling. A city may submit a request to the office department for a 3-month extension of the use of the grant for the payment of overtime costs. To be eligible to use part of the first year's grant for overtime costs, the city shall provide the office department with all of the following:

SB40-ASA1-AA1,48,19 (4) The office department shall develop criteria which, notwithstanding s. 227.10 (1), need not be promulgated as rules under ch. 227, for use in determining the amount to grant to cities under this subsection section. The office department may not award an annual grant in excess of $150,000 to any city. The office department shall review any application and plan submitted under par. (b) sub. (2) to determine if that application and plan meet the requirements of this subsection section. The grant that a city receives under this subsection section may not supplant existing local resources.

SB40-ASA1-AA1,48,23 (6) The office department may make grants to additional cities with a population of 25,000 or more after fiscal year 1994-95. Eligibility for grants under this paragraph subsection shall be determined and allocations made as provided in this subsection section.".

SB40-ASA1-AA1,48,24 95. Page 50, line 12: delete that line and substitute:

SB40-ASA1-AA1,49,2 " Section 122d. 16.964 (10) of the statutes is renumbered 165.987, and 165.987 (1) (intro.), (2), and (3) (intro.) and (e), as renumbered, are amended to read:

SB40-ASA1-AA1,49,3 165.987 (1) (intro.) In this subsection section:

SB40-ASA1-AA1,49,16 (2) From the appropriation under s. 20.505 (6) (kc) 20.455 (2) (kb), the office department of justice shall provide grants to law enforcement agencies for the purchase, installation, or maintenance of digital recording equipment for making audio or audio and visual recordings of custodial interrogations or for training personnel to use such equipment. Grants awarded under this subsection section may be used to reimburse law enforcement agencies for expenses incurred or payments made on or after July 7, 2005. Grants awarded under this subsection section may be used to support recording of custodial interrogations of either juveniles or adults and of interrogations related to either misdemeanor or felony offenses. The office department of justice may award more than one grant under this subsection section to a law enforcement agency. The office department of justice shall develop criteria and procedures to administer this subsection section. Notwithstanding s. 227.10 (1), the criteria and procedures need not be promulgated as rules under ch. 227.

SB40-ASA1-AA1,49,18 (3) (intro.) A law enforcement agency shall include the following information in an application for a grant under this subsection section:

SB40-ASA1-AA1,49,19 (e) Any other information required by the office department of justice.

SB40-ASA1-AA1, s. 122e Section 122e. 16.964 (11) of the statutes is renumbered 165.935 and amended to read:

SB40-ASA1-AA1,50,2 165.935 Services for sexual assault victims. From the appropriation under s. 20.505 (6) 20.455 (5) (gj), the office department of justice shall provide grants to nonprofit organizations that provide services to victims of sexual assault. The office department of justice shall develop criteria and procedures for use in selecting grantees and administering the grant program. Notwithstanding s. 227.10 (1), the criteria and procedures need not be promulgated as rules under ch. 227.".

SB40-ASA1-AA1,50,4 96. Page 50, line 13: delete the material beginning with that line and ending with page 51, line 7, and substitute:

SB40-ASA1-AA1,50,7 " Section 122x. 16.964 (12) of the statutes is renumbered 165.95, and 165.95 (1) (intro.), (2), (3) (intro.) and (k), (4), (5), (6), (7), (8), (9), (10) and (11), as renumbered, are amended to read:

SB40-ASA1-AA1,50,9 165.95 (1) (intro.) In this subsection section, "violent offender" means a person to whom one of the following applies:

SB40-ASA1-AA1,50,17 (2) The office department of justice shall make grants to counties to enable them to establish and operate programs, including suspended and deferred prosecution programs and programs based on principles of restorative justice, that provide alternatives to prosecution and incarceration for criminal offenders who abuse alcohol or other drugs. The office department of justice shall make the grants from the appropriations under s. 20.505 (6) (b) and (ku) 20.455 (2) (em) and (kx). The office department of justice shall collaborate with the departments of corrections and health and family services in establishing this grant program.

SB40-ASA1-AA1,50,19 (3) (intro.) A county shall be eligible for a grant under par. (b) sub. (2) if all of the following apply:

SB40-ASA1-AA1,50,22 (k) The county complies with other eligibility requirements established by the office department of justice to promote the objectives listed in subds. 1. and 2 pars. (a) and (b).

SB40-ASA1-AA1,51,3 (4) In implementing a program that meets the requirements of par. (c) sub. (3), a county department may contract with or award grants to a religious organization under s. 59.54 (27).

SB40-ASA1-AA1,51,13 (5) (a) A county that receives a grant under this subsection section shall create an oversight committee to advise the county in administering and evaluating its program. Each committee shall consist of a circuit court judge, the district attorney or his or her designee, the state public defender or his or her designee, a local law enforcement official, a representative of the county, a representative of each other county agency responsible for providing social services, including services relating to child welfare, mental health, and the Wisconsin Works program, representatives of the departments of corrections and health and family services, a representative from private social services agencies, a representative of substance abuse treatment providers, and other members to be determined by the county.

SB40-ASA1-AA1,51,18 (b) A county that receives a grant under this subsection section shall comply with state audits and shall submit an annual report to the office department of justice and to the oversight committee created under subd. 1. par. (a) regarding the impact of the program on jail and prison populations and its progress in attaining the goals specified in par. (c) 2. and 6 sub. (3) (b) and (f).

SB40-ASA1-AA1,51,24 (6) Two or more counties may jointly apply for and receive a grant under this subsection section. If counties submit a joint application, they shall include with their application a written agreement specifying each county department's role in developing, administering, and evaluating the program. The oversight committee established under par. (e) 1. sub. (5) (a) shall consist of representatives from each county.

SB40-ASA1-AA1,52,6 (7) Grants provided under this subsection section shall be provided on a calendar year basis beginning on January 1, 2007. If the office department of justice decides to make a grant to a county under this subsection section, the office department of justice shall notify the county of its decision and the amount of the grant no later than September 1 of the year preceding the year for which the grant will be made.

SB40-ASA1-AA1,52,8 (8) The office department of justice shall assist a county receiving a grant under this subsection section in obtaining funding from other sources for its program.

SB40-ASA1-AA1,52,11 (9) The office department of justice shall inform any county that is applying for a grant under this subsection section whether the county meets the requirements established under par. (c) sub. (3), regardless of whether the county receives a grant.

SB40-ASA1-AA1,52,16 (10) The office department of justice shall enter into one or more contracts with another person for the purpose of evaluating the grant program established under this subsection section. The office department of justice shall fund such contracts from moneys appropriated under s. 20.505 (6) (b) and (ku) 20.455 (2) (em) and (kx) with 1 percent of the amount awarded as grants under par. (b) sub. (2).

SB40-ASA1-AA1,52,23 (11) By December 31, 2011, the office department of justice, in collaboration with the departments of corrections and health and family services, shall submit a report to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), regarding savings that have been generated through the implementation of the grant program. The report shall also include recommendations regarding how the grant program should be structured in the future.".

SB40-ASA1-AA1,52,24 97. Page 51, line 8: delete lines 8 to 20.

SB40-ASA1-AA1,53,1 98. Page 56, line 22: after that line insert:

SB40-ASA1-AA1,53,2 " Section 128v. 16.973 (15) of the statutes is created to read:

SB40-ASA1-AA1,53,8 16.973 (15) No later than March 1 and September 1 of each year, submit to the joint committee on information policy and technology a report that documents for each executive branch agency information technology project with an actual or projected cost greater than $1,000,000 or that the department of administration has identified as a large, high-risk information technology project under sub. (10) (a) all of the following:

SB40-ASA1-AA1,53,9 (a) Original and updated project cost projections.

SB40-ASA1-AA1,53,11 (b) Original and updated completion dates for the project and any stage of the project.

SB40-ASA1-AA1,53,13 (c) An explanation for any variation between the original and updated costs and completion dates under pars. (a) and (b).

SB40-ASA1-AA1,53,15 (d) A copy of any contract entered into by the department for the project and not provided in a previous report.