Amendment ASA1-AB40

AB40-ASA1,1237,5 973.0455 Crime prevention funding board surcharge. (1) If a court imposes a sentence or places a person on probation, the court shall impose a crime prevention funding board surcharge. The surcharge is the total amount calculated by adding up, for each misdemeanor or felony count on which a conviction occurred, $20.

AB40-ASA1,1237,8 (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) (n). The county treasurer shall then distribute the moneys under s. 59.25 (3) (gm).

AB40-ASA1,2353 Section 2353. 973.046 (1g) of the statutes is repealed.

AB40-ASA1,2354 Section 2354. 973.046 (1r) of the statutes is renumbered 973.046 (1r) (intro.) and amended to read:

AB40-ASA1,1237,15 973.046 (1r) (intro.) If a court imposes a sentence or places a person on probation for a violation of s. 940.225, 948.02 (1) or (2), 948.025, 948.085, the court shall impose a deoxyribonucleic acid analysis surcharge of $250., calculated as follows:

AB40-ASA1,2355 Section 2355. 973.046 (1r) (a) and (b) of the statutes are created to read:

AB40-ASA1,1237,17 973.046 (1r) (a) For each conviction for a felony, $250.

AB40-ASA1,1237,18 (b) For each conviction for a misdemeanor, $200.

AB40-ASA1,2356 Section 2356. 973.047 (1f) of the statutes is amended to read:

AB40-ASA1,1237,25 973.047 (1f) If a court imposes a sentence or places a person on probation for a felony conviction or for a conviction for a violation of s. 165.765 (1), 940.225 (3m), 944.20, or 948.10 (1) (b), the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court shall inform the person that he or she may request expungement under s. 165.77 (4).

AB40-ASA1,2357 Section 2357. 973.047 (1m) of the statutes is amended to read:

AB40-ASA1,1238,5 973.047 (1m) The results from deoxyribonucleic acid analysis of a specimen provided under this section may be used only as authorized under s. 165.77 (3). The state crime laboratories shall destroy any such specimen in accordance with s. 165.77 (3).

AB40-ASA1,2358 Section 2358. 973.047 (2) of the statutes is amended to read:

AB40-ASA1,1238,12 973.047 (2) The department of justice shall promulgate rules providing for procedures for defendants to provide specimens when Biological samples required to do so under this section and for the transportation of those specimens to the state crime laboratories for analysis under s. 165.77 sub. (1f) shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB40-ASA1,2358m Section 2358m. 973.05 (2m) (jr) of the statutes is created to read:

AB40-ASA1,1238,15 973.05 (2m) (jr) To payment of the crime prevention funding board surcharge until paid in full.

AB40-ASA1,2359 Section 2359. 973.09 (3) (bg) of the statutes is created to read:

AB40-ASA1,1239,2 973.09 (3) (bg) 1. At least 90 days before the expiration date of a probationer's period of probation, the department shall notify the sentencing court and district attorney that a probationer owes an unpaid surcharge imposed under s. 973.045. Upon receiving notice from the department, the court shall schedule a probation review hearing to be held before the expiration date of the period of probation unless the probationer either pays the unpaid surcharge before the scheduled hearing date or voluntarily waives the hearing. A waiver of a probation review hearing under this paragraph must include an acknowledgment by the probationer that waiver may result in an extension of the probation period, a modification of the terms and conditions of probation, or a revocation of probation.

AB40-ASA1,1239,6 2. If the court does not extend probation, the court shall issue a judgment for the unpaid surcharge and direct the clerk of circuit court to file and enter the judgment in the judgment and lien docket. The judgment has the same force and effect as judgments entered under s. 806.10.

AB40-ASA1,1239,12 3. At a probation review hearing scheduled under subd. 1., the department has the burden of proving that the probationer owes an unpaid surcharge imposed under s. 973.045 and the amount of the unpaid surcharge. If the department proves by a preponderance of the evidence that the probationer owes an unpaid surcharge under s. 973.045, the court may, by order, extend the period of probation for a stated period or modify the terms and conditions of probation.

AB40-ASA1,1239,19 4. If the court does not extend or modify the terms of probation under subd. 3., the court shall issue a judgment for the unpaid surcharge and direct the clerk of circuit court to file and enter the judgment in the judgment and lien docket without fee. If the court issues a judgment for the unpaid surcharge, the court shall send to the department a written notification that a civil judgment has been issued for the unpaid fees. The judgment has the same force and effect as judgments entered under s. 806.10.

AB40-ASA1,2360 Section 2360. 973.155 (1m) of the statutes is amended to read:

AB40-ASA1,1240,2 973.155 (1m) A convicted offender shall be given credit toward the service of his or her sentence for all days spent in custody as part of 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) (i) 165.95 (9) and (10), for any offense arising out of the course of conduct that led to the person's placement in that program.

AB40-ASA1,2360m Section 2360m. 978.12 (1) (b) of the statutes is amended to read:

AB40-ASA1,1240,7 978.12 (1) (b) Deputy district attorneys. Deputy district attorneys shall be employed outside the classified service. The state shall establish and adjust the salaries of deputy district attorneys in accordance with s. 230.12 (10) and the state compensation plan.

AB40-ASA1,2360w Section 2360w. 980.063 (1) (a) of the statutes is amended to read:

AB40-ASA1,1240,12 980.063 (1) (a) If a person is found to be a sexually violent person under this chapter, the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court shall inform the person that he or she may request expungement under s. 165.77 (4).

AB40-ASA1,2361 Section 2361. 980.063 (1) (b) of the statutes is amended to read:

AB40-ASA1,1240,16 980.063 (1) (b) The results from deoxyribonucleic acid analysis of a specimen under par. (a) may be used only as authorized under s. 165.77 (3). The state crime laboratories shall destroy any such specimen in accordance with s. 165.77 (3).

AB40-ASA1,2362 Section 2362. 980.063 (2) of the statutes is amended to read:

AB40-ASA1,1240,22 980.063 (2) The department of justice shall promulgate rules providing for procedures for defendants to provide specimens Biological samples required under sub. (1) and for the transportation of those specimens to the state crime laboratories for analysis under s. 165.77 (a) shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB40-ASA1,2363 Section 2363. 995.10 (1) (i) 1. d. of the statutes is created to read:

AB40-ASA1,1241,2 995.10 (1) (i) 1. d. Owns an automated roll-your-own machine that is used to make cigarettes, not including an individual who owns a roll-your-own machine and uses the machine in his or her home solely to make cigarettes for his or her personal use or for the use of other individuals who live in his or her home.

AB40-ASA1,2363m Section 2363m. 2007 Wisconsin Act 20, section 9105 (1) (a) 2., as last amended by 2009 Wisconsin Act 28, section 3409n, is amended to read:

AB40-ASA1,1241,6 [2007 Wisconsin Act 20] Section 9105 (1) (a) - See PDF for table

AB40-ASA1,2363p Section 2363p. 2011 Wisconsin Act 32, section 9106 (1) (i) 3. is amended to read:

AB40-ASA1,1241,10 [2011 Wisconsin Act 32] Section 9106 (1) - See PDF for table

AB40-ASA1,2364 Section 2364. 2011 Wisconsin Act 32, section 9219 (1u) is amended to read:

AB40-ASA1,1243,4 [2011 Wisconsin Act 32] Section 9219 (1u) Appropriation lapses and reestimates. The governor shall take actions during the 2011-13 and 2013-15 fiscal biennia fiscal biennium to ensure that from general purpose revenue appropriations to the office of the governor under section 20.525 of the statutes an amount equal to $582,200 is lapsed from sum certain appropriation accounts or is subtracted from the expenditure estimates for any other types of appropriations, or both, in each that fiscal biennium.

AB40-ASA1,2364m Section 2364m. 2011 Wisconsin Act 32, section 9245 (2f) is amended to read:

AB40-ASA1,1243,17 [2011 Wisconsin Act 32] Section 9245 (2f) Appropriation lapses and reestimates. The chief justice of the supreme court, acting as administrative head of the judicial system, shall take actions during the 2011-13 and 2013-15 fiscal biennia to ensure that from general purpose revenue and program revenue appropriations to the circuit courts under section 20.625 of the statutes, to the court of appeals under section 20.660 of the statutes, and to the supreme court under 20.680 of the statutes an amount equal to $16,960,400 is lapsed from sum certain appropriation accounts or is subtracted from the expenditure estimates for any other types of appropriations, or both, in each the 2011-13 fiscal biennium, and an amount equal to $11,807,400 is lapsed from sum certain appropriation accounts or is subtracted from the expenditure estimates for any other types of appropriations, or both, in the 2013-15 fiscal biennium.

AB40-ASA1,2365 Section 2365. 2011 Wisconsin Act 32, section 9255 (1) (b) is amended to read:

AB40-ASA1,1244,8 [2011 Wisconsin Act 32] Section 9255 (1) (b) Notwithstanding section 20.001 (3) (a) to (c) of the statutes, but subject to paragraph (e), the secretary of administration shall lapse to the general fund from the unencumbered balances of general purpose revenue and program revenue appropriations to executive branch state agencies, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $174,300,000 in the 2011-13 fiscal biennium and $174,300,000 in the 2013-15 fiscal biennium. Before lapsing any moneys under this paragraph, the secretary shall develop a plan for lapsing the moneys and shall submit the plan to the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the secretary within 14 working days after the date of the submittal of the plan that the committee has scheduled a meeting to review the plan, the plan may be implemented by the secretary. If, within 14 days after the date of the submittal of the plan, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting to review the plan, moneys may be lapsed only after the plan has been approved by the committee.

AB40-ASA1,2365m Section 2365m. 2011 Wisconsin Act 32, section 9452 (1d) is amended to read:

AB40-ASA1,1245,2 [2011 Wisconsin Act 32] Section 9452 (1d) University of Wisconsin. The treatment of sections 16.705 (1r) (d) and (e), (2), (3) (intro.), 16.71 (1m) (by Section 241f) and (4), 16.72 (8), 16.73 (5), 16.78 (1), 16.993 (7), and 20.916 (10) of the statutes, the renumbering and amendment of section 16.417 (2) (f) of the statutes, and the creation of section 16.417 (2) (f) 2. of the statutes take effect on July 1, 2013, and the treatment of sections 19.42 (13) (b), (c), and (cm), 19.45 (11) (a) and (b), 20.865 (1) (c), (ci), (i), (ic), (s), and (si), 20.916 (10), 20.923 (4g), (5), (6) (Lm) and (m), (14) (b), (15) (b), and (16), 36.09 (1) (e), (i), (j), and (k), 36.15 (2), 36.30, 36.52, 40.02 (30), 111.335 (1) (cv), 111.81 (7) (ar) and (at), 111.815 (1) and (2), 111.825 (1r), (1t), (2) (a), (b), (c), (f), (g), (h), and (i), (3), (4), (6), and (7), 111.83 (5) (a), (b), and (c), 111.84 (2) (c), 111.91 (4), 111.93 (2) and (3), 111.935 (2), 230.01 (1), 230.03 (3), (6), (6m), (10h), and (13), 230.08 (2) (cm), (d), (dm), and (k), 230.10 (2), 230.12 (1) (a) 1. b. and (3) (e) (title) and 1., and 230.34 (1) (ar) of the statutes, the repeal of sections 36.58 (5) and 230.143 (1) and (2) of the statutes, the renumbering of sections 111.83 (7) and 111.85 (5) of the statutes, the renumbering and amendment of sections 16.417 (2) (f), 111.92 (1) (a), and 230.143 (intro.) of the statutes, and the creation of sections 16.417 (2) (f) 2., 111.83 (7) (b), 111.85 (5) (b), and 111.92 (1) (a) 2. and 3. of the statutes, and Sections 9152 (1c) of this act take effect on July 1, 2013 2015.

AB40-ASA1,2365r Section 2365r. 2011 Wisconsin Act 166, section 28 (1) is amended to read:

AB40-ASA1,1245,6 [2011 Wisconsin Act 166] Section 28 (1) Teaching license. The treatment of section 118.19 (14) (a) of the statutes first applies to an application for a teaching license received by the department of public instruction on January 1 31, 2014.

AB40-ASA1,2366 Section 2366. 2011 Wisconsin Act 212, section 13 (1) of the statutes is repealed.

AB40-ASA1,9101 Section 9101. Nonstatutory provisions; Administration.

AB40-ASA1,1245,10 (1) Transfer of office of justice assistance.

AB40-ASA1,1245,23 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the office of justice assistance, except those that are primarily related to administering federal homeland security moneys, or to reintegrating American Indians who have been incarcerated, as determined by the department of administration become the assets and liabilities of the department of justice. On the effective date of this paragraph, the assets and liabilities of the office of justice assistance that are primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, become the assets and liabilities of the department of military affairs. On the effective date of this paragraph, the assets and liabilities of the office of justice assistance that are primarily related to the reintegration of American Indians who have been incarcerated, as determined by the department of administration, become the assets and liabilities of the department of corrections.

AB40-ASA1,1246,12 (b) Employee transfers. On the effective date of this paragraph, the incumbents holding those positions in the department of administration performing duties that are primarily related to the office of justice assistance, except those positions performing duties that are primarily related to administering federal homeland security moneys, or to reintegrating American Indians who have been incarcerated, as determined by the department of administration, are transferred to the department of justice. On the effective date of this paragraph, the incumbents holding those positions that are primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, are transferred to the department of military affairs. On the effective date of this paragraph, the incumbents holding those positions that are primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, are transferred to the department of corrections.

AB40-ASA1,1246,19 (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 justice, the department of military affairs, or the department of corrections, whichever is applicable, that they enjoyed in the office of justice assistance 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.

AB40-ASA1,1247,8 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the office of justice assistance, except property that is primarily related to administering federal homeland security moneys, or property that is primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, is transferred to the department of justice. On the effective date of this paragraph, all tangible personal property, including records, of the office of justice assistance that is primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, is transferred to the department of military affairs. On the effective date of this paragraph, all tangible personal property, including records, of the office of justice assistance that is primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, is transferred to the department of corrections.

AB40-ASA1,1247,9 (e) Contracts.

AB40-ASA1,1247,17 1. All contracts entered into by the office of justice assistance in effect on the effective date of this subdivision, except contracts that are primarily related to administering federal homeland security moneys, or are primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, remain in effect and are transferred to the department of justice. The department of justice shall carry out any such contractual obligations unless modified or rescinded by the department of justice to the extent allowed under the contract.

AB40-ASA1,1247,24 2. All contracts entered into by the office of justice assistance in effect on the effective date of this subdivision that are primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, remain in effect and are transferred to the department of military affairs. The department of military affairs shall carry out any such contractual obligations unless modified or rescinded by the department of military affairs to the extent allowed under the contract.

AB40-ASA1,1248,7 3. All contracts entered into by the office of justice assistance in effect on the effective date of this subdivision that are primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, remain in effect and are transferred to the department of corrections. The department of corrections shall carry out any such contractual obligations unless modified or rescinded by the department of corrections to the extent allowed under the contract.

AB40-ASA1,1249,2 (f) Pending matters. Any matter pending with the office of justice assistance on the effective date of this paragraph, except matters that are primarily related to administering federal homeland security moneys, or to reintegrating American Indians who have been incarcerated, as determined by the department of administration, is transferred to the department of justice, and all materials submitted to or actions taken by the office of justice assistance with respect to the pending matter are considered as having been submitted to or taken by the department of justice. Any matter pending with the office of justice assistance on the effective date of this paragraph that is primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, is transferred to the department of military affairs, and all materials submitted to or actions taken by the office of justice assistance with respect to the pending matter are considered as having been submitted to or taken by the department of military affairs. Any matter pending with the office of justice assistance on the effective date of this paragraph that is primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, is transferred to the department of corrections, and all materials submitted to or actions taken by the office of justice assistance with respect to the pending matter are considered as having been submitted to or taken by the department of corrections.

AB40-ASA1,1249,3 (g) Rules and orders.

AB40-ASA1,1249,14 1. All rules promulgated for the office of justice assistance, except rules that are primarily related to administering federal homeland security moneys, or to reintegrating American Indians who have been incarcerated, as determined by the department of administration, that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until amended or repealed by the department of justice. All orders issued by the office of justice assistance, except orders that are primarily related to administering federal homeland security moneys, or to reintegrating American Indians who have been incarcerated, as determined by the department of administration, that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until modified or rescinded by the department of justice.

AB40-ASA1,1249,25 2. All rules promulgated for the office of justice assistance that are primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, and that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until amended or repealed by the department of military affairs. All orders issued by the office of justice assistance that are primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, and that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until modified or rescinded by the department of military affairs.

AB40-ASA1,1250,10 3. All rules promulgated for the office of justice assistance that are primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, and that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until amended or repealed by the department of corrections. All orders issued by the office of justice assistance that are primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, and that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until modified or rescinded by the department of corrections.

AB40-ASA1,1250,20 (2i) MacKenzie Environmental Education Center. The department of administration shall conduct a thorough review of the existing status and condition of the buildings, structures, and animal enclosures at the MacKenzie Environmental Education Center. The study shall include a description of the maintenance and repairs that are necessary for the buildings, structures, and animal enclosures with an estimate of the costs of doing the maintenance and repairs. After completing the study, the department of administration shall prepare a report detailing the findings of the study and shall submit the report to the joint committee on finance on a date that is no later than 90 days after the date the study is completed or on June 1, 2014, whichever is earlier.

AB40-ASA1,1250,21 (3c) 2013-15 executive branch state agency position reductions.

AB40-ASA1,1250,23 (a) In this subsection, "state agency" means an office, commission, department, independent agency, or board in the executive branch of state government.

AB40-ASA1,1251,3 (b) During the 2013-15 fiscal biennium, the secretary of administration shall eliminate 450.0 FTE positions in state agencies. No later than January 1, 2015, the secretary of administration shall submit a report to the joint committee on finance identifying the positions by state agency and by the appropriation account from which the positions are funded.

AB40-ASA1,1251,4 (3L) Study of public library systems.

AB40-ASA1,1251,7 (a) The department of administration, in consultation with the department of public instruction, shall conduct a study of public library systems in this state to identify the potential for savings by doing the following:

AB40-ASA1,1251,8 1. Consolidating systems.

AB40-ASA1,1251,9 2. Increasing the use of technology.

AB40-ASA1,1251,10 3. Reducing duplications and inefficiencies.

AB40-ASA1,1251,11 4. Utilizing lean production principles.

AB40-ASA1,1251,12 5. Increasing the sharing of services among library systems.

AB40-ASA1,1251,15 (b) By July 1, 2014, the department of administration shall submit a report of the study under paragraph (a) to the cochairpersons of the joint committee on finance.

AB40-ASA1,1251,17 (3s) Study concerning consolidation of the departments of safety and professional services and agriculture, trade and consumer protection.

AB40-ASA1,1251,22 (a) The department of administration shall conduct a study concerning the consolidation of the functions currently being performed by the departments of safety and professional services and agriculture, trade and consumer protection under a single new agency in the executive branch of state government, to be named the department of agriculture, regulation, and trade.

AB40-ASA1,1252,2 (b) In conducting the study under paragraph (a), the department of administration shall consult with the departments of safety and professional services and agriculture, trade and consumer protection and with the boards and councils attached to or under those agencies.

AB40-ASA1,1252,7 (c) In conducting the study under paragraph (a), the department of administration shall consult members of the public who may be affected by the consolidation of the departments of safety and professional services and agriculture, trade and consumer protection and the creation of the department of agriculture, regulation, and trade.

AB40-ASA1,1252,15 (d) No later than January 1, 2014, the department of administration shall submit a report of its findings from the study conducted under paragraph (a) to the joint committee on finance and, in the manner provided under section 13.172 (3) of the statutes, to the appropriate standing committees of the legislature. That report shall set forth the department of administration's recommendations concerning the proposed consolidation described under paragraph (a). If the department recommends consolidation, the report shall include the department's recommendations concerning all of the following:

AB40-ASA1,1252,17 1. The organizational structure, programmatic functions, and performance objectives of the department of agriculture, regulation, and trade.

AB40-ASA1,1252,20 2. Any reduction in staff that may be accomplished as a result of the consolidation of the departments of safety and professional services and agriculture, trade and consumer protection.

AB40-ASA1,1252,23 3. Any board or council that may be eliminated as a result of the consolidation of the departments of safety and professional services and agriculture, trade and consumer protection.

AB40-ASA1,1253,3 4. Any adjustment to credentialing fees that may be appropriate and the capability of revenue from credentialing fees to support the operations of the department of agriculture, regulation, and trade.

AB40-ASA1,1253,7 5. Any function of or program under the departments of safety and professional services and agriculture, trade and consumer protection that should be transferred to an agency other than the newly created department of agriculture, regulation, and trade.

AB40-ASA1,1253,9 6. Any way to improve the services to be provided by the department of agriculture, regulation, and trade.

AB40-ASA1,1253,13 (e) If the department of administration recommends consolidation in its report under paragraph (d), the department shall also submit with that report draft legislation that implements, effective July 1, 2015, the department's recommendations made in the report.

AB40-ASA1,1253,18 (3u) Position elimination report. (a) Not later than January 1, 2014, the department of administration shall submit a report to the cochairpersons of the joint committee on finance that identifies the funding source for, and recommends the appropriation to be decreased with regard to, each of the following FTE positions to be eliminated in the department of natural resources:

AB40-ASA1,1253,19 1. 7.8 GPR positions.