Amendment ASA1-AB40

AB40-ASA1,1132,13 301.26 (4) (d) 3. Beginning on July 1, 2012 2014, and ending on June 30, 2013 2015, the per person daily cost assessment to counties shall be $289 $301 for care in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19), $289 $301 for care for juveniles transferred from a juvenile correctional institution under s. 51.35 (3), $100 $128 for departmental corrective sanctions services, and $40 $41 for departmental aftercare services.

AB40-ASA1,2137 Section 2137. 301.26 (4) (e) of the statutes is amended to read:

AB40-ASA1,1132,19 301.26 (4) (e) For foster care, group home care, and institutional child care to alternate care services for delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52 all payments and deductions made under this subsection and uniform fee collections under s. 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (ho).

AB40-ASA1,2138 Section 2138. 301.26 (4) (ed) of the statutes is amended to read:

AB40-ASA1,1132,24 301.26 (4) (ed) For foster care, group home care, and institutional child care to alternate care services for serious juvenile offenders under ss. 49.19 (10) (d), 938.48 (4) and (14), and 938.52 all uniform fee collections under s. 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (ho).

AB40-ASA1,2139 Section 2139. 301.26 (7) (intro.) of the statutes is amended to read:

AB40-ASA1,1133,5 301.26 (7) Allocations of funds. (intro.) Within the limits of the availability of the appropriations under s. 20.410 (3) (cd) and (ko), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2011 2013, and ending on June 30, 2013 2015, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

AB40-ASA1,2140 Section 2140. 301.26 (7) (a) of the statutes is amended to read:

AB40-ASA1,1133,9 301.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $45,478,000 for the last 6 months of 2011 2013, $90,956,100 for 2012 2014, and $45,478,100 for the first 6 months of 2013 2015.

AB40-ASA1,2141 Section 2141. 301.26 (7) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,1133,14 301.26 (7) (b) (intro.) Of the amounts specified in par. (a), the department shall allocate $2,000,000 for the last 6 months of 2011 2013, $4,000,000 for 2012 2014, and $2,000,000 for the first 6 months of 2013 2015 to counties based on each of the following factors weighted equally:

AB40-ASA1,2142 Section 2142. 301.26 (7) (b) 2. of the statutes is amended to read:

AB40-ASA1,1133,19 301.26 (7) (b) 2. Each county's proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance department of justice during the most recent 3-year period for which that information is available.

AB40-ASA1,2143 Section 2143. 301.26 (7) (bm) of the statutes is amended to read:

AB40-ASA1,1134,2 301.26 (7) (bm) Of the amounts specified in par. (a), the department shall allocate $6,250,000 for the last 6 months of 2011 2013, $12,500,000 for 2012 2014, and $6,250,000 for the first 6 months of 2013 2015 to counties based on each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional facility during the most recent 3-year period for which that information is available.

AB40-ASA1,2144 Section 2144. 301.26 (7) (c) of the statutes is amended to read:

AB40-ASA1,1134,10 301.26 (7) (c) Of the amounts specified in par. (a), the department shall allocate $1,053,200 for the last 6 months of 2011 2013, $2,106,500 for 2012 2014, and $1,053,300 for the first 6 months of 2013 2015 to counties based on each of the factors specified in par. (b) 1. to 3. weighted equally, except that no county may receive an allocation under this paragraph that is less than 93% nor more than 115% of the amount that the county would have received under this paragraph if the allocation had been distributed only on the basis of the factor specified in par. (b) 3.

AB40-ASA1,2145 Section 2145. 301.26 (7) (e) of the statutes is amended to read:

AB40-ASA1,1134,16 301.26 (7) (e) For emergencies related to community youth and family aids under this section, amounts not to exceed $125,000 for the last 6 months of 2011 2013, $250,000 for 2012 2014, and $125,000 for the first 6 months of 2013 2015. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

AB40-ASA1,2146 Section 2146. 301.26 (7) (h) of the statutes is amended to read:

AB40-ASA1,1135,2 301.26 (7) (h) For counties that are participating in the corrective sanctions program under s. 938.533 (2), $1,062,400 in the last 6 months of 2011 2013, $2,124,800 in 2012 2014, and $1,062,400 in the first 6 months of 2013 2015 for the provision of corrective sanctions services for juveniles from that county. In distributing funds to counties under this paragraph, the department shall determine a county's distribution by dividing the amount allocated under this paragraph by the number of slots authorized for the program under s. 938.533 (2) and multiplying the quotient by the number of slots allocated to that county by agreement between the department and the county. The department may transfer funds among counties as necessary to distribute funds based on the number of slots allocated to each county.

AB40-ASA1,2147 Section 2147. 301.26 (8) of the statutes is amended to read:

AB40-ASA1,1135,7 301.26 (8) Alcohol and other drug abuse treatment. From the amount of the allocations specified in sub. (7) (a), the department shall allocate $666,700 in the last 6 months of 2011 2013, $1,333,400 in 2012 2014, and $666,700 in the first 6 months of 2013 2015 for alcohol and other drug abuse treatment programs.

AB40-ASA1,2148 Section 2148. 301.263 (3) of the statutes is amended to read:

AB40-ASA1,1135,21 301.263 (3) The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the violent Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance in the department of administration department of justice, during the most recent 2-year period for which that information is available. The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional facility or a secured residential care center for children and youth during the most recent 2-year period for which that information is available. The department shall distribute 34% of the amounts distributed under sub. (1) based on each county's proportion of the total Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance department of justice, during the most recent 2-year period for which that information is available.

AB40-ASA1,2149 Section 2149. 301.27 (1) of the statutes is amended to read:

AB40-ASA1,1136,6 301.27 (1) Charges. In compliance with the compensation plan established under s. 230.12 (3), the department may make and determine charges for meals, living quarters, laundry, and other services furnished to employees of the state correctional institutions and members of the employee's family maintained as such. All moneys received from each person on account of these services shall be used for operation of the institutions under s. 20.410 (1) (a) and (3) (a), and (hm) and (j). If a chaplain employed in any institution administered by the department is not furnished a residence by the state, $1,800 or 20% of the chaplain's salary, whichever is greater, is designated as his or her housing allowance.

AB40-ASA1,2150 Section 2150. 301.32 (1) of the statutes is amended to read:

AB40-ASA1,1137,2 301.32 (1) Property delivered to warden or superintendent; credit and debit. All money and other property delivered to an employee of any state correctional institution for the benefit of a prisoner or resident shall be delivered to the warden or superintendent, who shall enter the property upon his or her accounts to the credit of the prisoner or resident. The property may be used only under the direction and with the approval of the superintendent or warden and for the crime victim and witness assistance surcharge under s. 973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046 (1r), the child pornography surcharge under s. 973.042, the drug offender diversion surcharge under s. 973.043, or the benefit of the prisoner or resident. If the money remains uncalled for for one year after the prisoner's or resident's death or departure from the state correctional institution, the superintendent shall deposit it in the general fund. If any prisoner or resident leaves property, other than money, uncalled for at a state correctional institution for one year, the superintendent shall sell the property and deposit the proceeds in the general fund, donate the property to a public agency or private, nonprofit organization or destroy the property. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (bm).

AB40-ASA1,2151 Section 2151. 301.32 (3) (a) of the statutes is renumbered 301.32 (3).

AB40-ASA1,2152 Section 2152. 301.32 (3) (b) of the statutes is repealed.

AB40-ASA1,2153 Section 2153. 301.32 (3) (c) of the statutes is repealed.

AB40-ASA1,2154 Section 2154. 302.04 of the statutes is amended to read:

AB40-ASA1,1137,13 302.04 Duties of warden and superintendents. Except as provided in s. ss. 13.48 (14) (am) and 16.848 (1), the warden or the superintendent of each state prison shall have charge and custody of the prison and all lands, belongings, furniture, implements, stock and provisions and every other species of property within the same or pertaining thereto. The warden or superintendent shall enforce the rules of the department for the administration of the prison and for the government of its officers and the discipline of its inmates.

AB40-ASA1,2155 Section 2155. 302.12 (2) of the statutes is amended to read:

AB40-ASA1,1137,22 302.12 (2) Money accruing under this section remains under the control of the department, to be used for the crime victim and witness assistance surcharge under s. 973.045 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046 (1r), the drug offender diversion surcharge under s. 973.043, and the benefit of the inmate or the inmate's family or dependents, under rules promulgated by the department as to time, manner and amount of disbursements. The rules shall provide that the money be used for the reasonable support of the inmate's family or dependents before it is allocated for the drug offender diversion surcharge.

AB40-ASA1,2156 Section 2156. 302.13 of the statutes is amended to read:

AB40-ASA1,1138,5 302.13 Preservation of property an inmate brings to prison. The department shall preserve money and effects, except clothes, in the possession of an inmate when admitted to the prison and, subject to the crime victim and witness assistance surcharge under s. 973.045 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046 (1r), the child pornography surcharge under s. 973.042, and the drug offender diversion surcharge under s. 973.043, shall restore the money and effects to the inmate when discharged.

AB40-ASA1,2157 Section 2157. 302.43 of the statutes is amended to read:

AB40-ASA1,1138,22 302.43 Good time. Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3). This section does not apply to a person who is confined in the county jail in connection with his or her participation in a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c) 165.95 (3), as determined by the office of justice assistance department of justice under s. 16.964 (12) (j) 165.95 (9) and (10).

AB40-ASA1,2158 Section 2158. 304.075 of the statutes is repealed.

AB40-ASA1,2159 Section 2159. 321.40 (5) (c) of the statutes is amended to read:

AB40-ASA1,1139,2 321.40 (5) (c) No guard member may receive a tuition grant under sub. (3) for any semester in which he or she received a payment under s. 45.20 (2) or 45.205 (2).

AB40-ASA1,2160 Section 2160. 321.42 (1) (b) of the statutes is amended to read:

AB40-ASA1,1139,9 321.42 (1) (b) The costs and expenses of the defense under par. (a) shall be audited by the department of administration and charged to the appropriation under s. 20.455 (1) (b) 20.505 (1) (d). If the jury or court finds that the member against whom the action is brought acted within the scope of his or her employment as a member, the judgment as to damages entered against the member shall be paid by the state.

AB40-ASA1,2161 Section 2161. 321.60 (1) (a) 12. of the statutes is amended to read:

AB40-ASA1,1139,14 321.60 (1) (a) 12. A license or certificate of registration issued by the department of financial institutions, or a division of it, under ss. 138.09, 138.12, 138.14, 202.13, 202.14, 217.06, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, 224.725, or 224.93 or subch. IV of ch. 551.

AB40-ASA1,2163g Section 2163g. 323.42 (3) of the statutes is amended to read:

AB40-ASA1,1139,18 323.42 (3) The Except as provided in sub. (4), any reimbursement under this section sub. (1) or (2) shall be made from the appropriation in s. 20.465 (3) (a) upon approval of the adjutant general.

AB40-ASA1,2163r Section 2163r. 323.42 (4) of the statutes is created to read:

AB40-ASA1,1139,24 323.42 (4) Any reimbursement under sub. (1) or (2) for an amount for which a local unit of government is liable based on a worker's compensation claim under s. 323.40 (3) for an injury incurred before, on, or after the effective date of this subsection .... [LRB inserts date], shall be made from the appropriation in s. 20.465 (3) (am) upon approval of the adjutant general.

AB40-ASA1,2163t Section 2163t. 341.05 (24) of the statutes is amended to read:

AB40-ASA1,1140,2 341.05 (24) The vehicle is a golf cart being operated in accordance with s. 349.18 (1) (b) or (c) or (1m).

AB40-ASA1,2163u Section 2163u. 343.14 (2) (gh) of the statutes is created to read:

AB40-ASA1,1140,6 343.14 (2) (gh) A question as to whether the applicant wishes to designate an additional $2 to support the efforts of Donate Life Wisconsin for the purposes described under s. 250.17 (1).

AB40-ASA1,2163w Section 2163w. 343.21 (1) (o) of the statutes is created to read:

AB40-ASA1,1140,12 343.21 (1) (o) In addition to any other fee under this subsection, $2 for any person making a designation of an additional $2 to support the efforts of Donate Life Wisconsin under s. 343.14 (2) (gh) or 343.50 (4). From the moneys received under this paragraph, 90 percent shall be deposited into the general fund and credited to the appropriation account under s. 20.435 (1) (g).

AB40-ASA1,2163y Section 2163y. 343.50 (4) of the statutes is amended to read:

AB40-ASA1,1140,24 343.50 (4) Application. The application for an identification card shall include any information required under ss. 85.103 (2) and 343.14 (2) (a), (b), (bm), (br), (em), and (es), and (gh) and such further information as the department may reasonably require to enable it to determine whether the applicant is entitled by law to an identification card. Except with respect to renewals described in s. 343.165 (4) (d) or renewals by mail or electronic means as authorized under sub. (6), and except as provided in sub. (4g), the department shall, as part of the application process for original issuance or renewal of an identification card, take a digital photograph including facial image capture of the applicant to comply with sub. (3). Misrepresentations in violation of s. 343.14 (5) are punishable as provided in s. 343.14 (9).

AB40-ASA1,2164 Section 2164. 343.50 (8) (c) 3. of the statutes is renumbered 343.50 (8) (c) 5.

AB40-ASA1,2165 Section 2165. 343.50 (8) (c) 4. of the statutes is created to read:

AB40-ASA1,1141,7 343.50 (8) (c) 4. Notwithstanding par. (b) and s. 343.14 (2j), the department may, upon request, provide to the department of revenue any applicant information, including social security numbers, maintained by the department of transportation and identified in s. 343.14 (2), including providing electronic access to the information. Any information obtained by the department of revenue under this subdivision is subject to the confidentiality provisions of s. 71.78.

AB40-ASA1,2165m Section 2165m. 346.655 (1) of the statutes is amended to read:

AB40-ASA1,1141,13 346.655 (1) If a court imposes a fine or a forfeiture for a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall impose a driver improvement surcharge under ch. 814 in an amount of $365 $435 in addition to the fine or forfeiture, plus costs, fees, and other surcharges imposed under ch. 814.

AB40-ASA1,2165n Section 2165n. 346.655 (2) (a) of the statutes is amended to read:

AB40-ASA1,1141,18 346.655 (2) (a) Except as provided in par. (b), the clerk of court shall collect and transmit the amount under sub. (1) to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment of 40 49.7 percent of the amount to the secretary of administration as provided in s. 59.25 (3) (f) 2.

AB40-ASA1,2165o Section 2165o. 346.655 (2) (b) of the statutes is amended to read:

AB40-ASA1,1141,25 346.655 (2) (b) If the forfeiture is imposed by a municipal court, the court shall transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment of 40 49.7 percent of the amount to the secretary of administration as provided in s. 66.0114 (1) (bm). The treasurer of the city, town, or village shall transmit the remaining 60 50.3 percent of the amount to the treasurer of the county.

AB40-ASA1,2165t Section 2165t. 347.02 (1) (h) of the statutes is amended to read:

AB40-ASA1,1142,3 347.02 (1) (h) Golf carts operated in accordance with s. 349.18 (1) (b) or (c) or (1m).

AB40-ASA1,2166 Section 2166. 348.21 (3) (b) 1. b. of the statutes is amended to read:

AB40-ASA1,1142,6 348.21 (3) (b) 1. b. Two Three cents for each pound of total excess load if the excess is over 2,000 pounds and not over 3,000 pounds.

AB40-ASA1,2167 Section 2167. 348.21 (3) (b) 1. c. of the statutes is amended to read:

AB40-ASA1,1142,9 348.21 (3) (b) 1. c. Three Five cents for each pound of total excess load if the excess is over 3,000 pounds and not over 4,000 pounds.

AB40-ASA1,2168 Section 2168. 348.21 (3) (b) 1. d. of the statutes is amended to read:

AB40-ASA1,1142,12 348.21 (3) (b) 1. d. Five Eight cents for each pound of total excess load if the excess is over 4,000 pounds and not over 5,000 pounds.

AB40-ASA1,2169 Section 2169. 348.21 (3) (b) 1. e. of the statutes is amended to read:

AB40-ASA1,1142,15 348.21 (3) (b) 1. e. Seven Fifteen cents for each pound of total excess load if the excess is over 5,000 pounds.

AB40-ASA1,2170 Section 2170. 348.21 (3) (b) 2. b. of the statutes is amended to read:

AB40-ASA1,1142,18 348.21 (3) (b) 2. b. Four Five cents for each pound of total excess load if the excess is over 2,000 pounds and not over 3,000 pounds.

AB40-ASA1,2171 Section 2171. 348.21 (3) (b) 2. c. of the statutes is amended to read:

AB40-ASA1,1142,21 348.21 (3) (b) 2. c. Six Eight cents for each pound of total excess load if the excess is over 3,000 and not over 4,000 pounds.

AB40-ASA1,2172 Section 2172. 348.21 (3) (b) 2. d. of the statutes is amended to read:

AB40-ASA1,1142,24 348.21 (3) (b) 2. d. Eight Twelve cents for each pound of total excess load if the excess is over 4,000 pounds and not over 5,000 pounds.

AB40-ASA1,2173 Section 2173. 348.21 (3) (b) 2. e. of the statutes is amended to read:

AB40-ASA1,1143,2 348.21 (3) (b) 2. e. Ten Eighteen cents for each pound of total excess load if the excess is over 5,000 pounds.

AB40-ASA1,2175g Section 2175g. 348.27 (9) (a) 1. d. of the statutes is created to read:

AB40-ASA1,1143,6 348.27 (9) (a) 1. d. The transportation of raw forest products or lumber on any highway route specified in subd. 3. if the vehicle or combination of vehicles does not violate length or weight limitations under Michigan law.

AB40-ASA1,2175h Section 2175h. 348.27 (9) (a) 3. of the statutes is created to read: