Amendment ASA1-AB64

AB64-ASA1,948,5 978.12 (1) (c) Assistant district attorneys. Assistant district attorneys shall be employed outside the classified service. For purposes of salary administration, the administrator of the division of personnel management in the department of administration, in consultation with the office, 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 ss. 111.93 (3) (b) and 230.12 (10), 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 administrator of the division of personnel management in the department of administration under this paragraph.

AB64-ASA1,2262L Section 2262L. 980.03 (2) (a) of the statutes is amended to read:

AB64-ASA1,948,12 980.03 (2) (a) Counsel. If In any situation under this chapter in which the person claims or appears to be indigent has a right to be represented by counsel, the court shall refer the person to the authority for indigency determinations under s. 977.07 (1) and, if applicable, the appointment of as soon as practicable to the state public defender, who shall appoint counsel for the person under s. 977.08 without a determination of indigency.

AB64-ASA1,2262m Section 2262m. 980.0305 of the statutes is created to read:

AB64-ASA1,948,23 980.0305 Reimbursement for counsel provided by the state. (1) Inquiry. At or after the conclusion of a proceeding under this chapter in which the state public defender has provided counsel for a person, the court may inquire as to the person's ability to reimburse the state for the costs of representation. If the court determines that the person is able to make reimbursement for all or part of the costs of representation, the court may order the person to reimburse the state an amount not to exceed the maximum amount established by the public defender board under s. 977.075 (4). Upon the court's request, the state public defender shall conduct a determination of indigency under s. 977.07 and report the results of the determination to the court.

AB64-ASA1,949,5 (2) Payment. Reimbursement ordered under this section shall be made to the clerk of courts of the county where the proceedings took place. The clerk of courts shall transmit payments under this section to the county treasurer, who shall deposit 25 percent of the payment amount in the county treasury and transmit the remainder to the secretary of administration. Payments transmitted to the secretary of administration shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L).

AB64-ASA1,949,9 (3) Report. By January 31st of each year, the clerk of courts for each county shall report to the state public defender the total amount of reimbursements ordered under sub. (1) in the previous calendar year and the total amount of reimbursements paid to the clerk under sub. (2) in the previous year.

AB64-ASA1,2262n Section 2262n. 980.08 (4) (cm) and (e) of the statutes are consolidated, renumbered 980.08 (4) (dm) 1. (intro.) and amended to read:

AB64-ASA1,950,16 980.08 (4) (dm) 1. (intro.) If the court finds that all of the criteria in par. (cg) are met, the court shall select a county to prepare a report under par. (e). Unless the court has good cause to select another county, the court shall select order the county of the person's county of residence, as determined by the department of health services under s. 980.105. An actual or alleged lack of available housing for the person within a county because of an ordinance or resolution in effect or proposed by the county or by a city, town, or village within the county may not constitute good cause to select another county under this paragraph. The court may not select a county where there is a facility in which persons committed to institutional care under this chapter are placed unless that county is also that person's county of residence. (e) The court shall order the county department under s. 51.42 in the county of intended placement to prepare a report, either independently or with the department of health services, identifying prospective residential options for community placement. In identifying prospective residential options, the county department shall consider the proximity of any potential placement to the residence of other persons on supervised release and to the residence of persons who are in the custody of the department of corrections and regarding whom a sex offender notification bulletin has been issued to law enforcement agencies under s. 301.46 (2m) (a) or (am). The, to prepare a report. The county shall create a temporary committee to prepare the report for the county. The committee shall consist of the county department under s. 51.42, a representative of the department of health services, a local probation or parole officer, the county corporation counsel or his or her designee, and a representative of the department of the county that is responsible for land use and planning or the department of the county that is responsible for land information. In the report, the county shall identify an appropriate residential option in that county while the person is on supervised release and shall demonstrate that the county has contacted the landlord for that residential option and that the landlord has committed to enter into a lease. The county shall consider the following factors when identifying an appropriate residential option:

AB64-ASA1,950,22 2. When preparing the report, the county department shall consult with a local law enforcement agency having jurisdiction over the residential option. The law enforcement agency may submit a written report that provides information relating to the residential option, and, if the law enforcement agency submits a report, the county department shall include the agency's report when the county department submits its report to the department of health services.

AB64-ASA1,951,4 4. The county shall submit its report to the department of health services within 60 120 days following the court order. A county that does not submit its report within 120 days violates the person's rights under s. 51.61, and each day that the county does not submit the report after the 120 days have expired constitutes a separate violation under s. 51.61. Notwithstanding s. 51.61 (7), any damages beyond costs and reasonable actual attorney fees recovered by the person for a violation shall be deposited into the appropriation account under s. 20.435 (2) (gz).

AB64-ASA1,2262o Section 2262o. 980.08 (4) (d) of the statutes is repealed.

AB64-ASA1,2262p Section 2262p. 980.08 (4) (dm) 3. of the statutes is created to read:

AB64-ASA1,951,16 980.08 (4) (dm) 3. To assist the county in identifying appropriate residential options for the report, within 30 days after the court orders the county to prepare the report, the department of health services shall determine the identity and location of known and registered victims of the person's acts by searching its victim database and consulting with the office of victim services in the department of corrections, the department of justice, and the county coordinator of victims and witnesses services in the county of intended placement, the county where the person was convicted, and the county of commitment. The county may consult with the department of health services on other matters while preparing the report and the department of health services shall respond as soon as practically possible.

AB64-ASA1,2262q Section 2262q. 980.08 (4) (em) of the statutes is repealed.

AB64-ASA1,2262r Section 2262r. 980.08 (4) (f) (intro.) of the statutes is renumbered 980.08 (4) (f) and amended to read:

AB64-ASA1,952,11 980.08 (4) (f) The court shall direct the department to use any submissions under par. (d), the report submitted under par. (e), any report submitted under par. (em), and other residential options identified by the department (dm) to prepare a supervised release plan for the person. The department shall search its victim database, and consult with the office of victim services in the department of corrections, the department of justice, and the county coordinator of victims and witnesses services in the county of intended placement, the county where the person was convicted, and the county of commitment to determine the identity and location of known and registered victims of the person's acts. The department shall prepare a supervised release plan that identifies the proposed residence residential option the county identified in its report. The plan shall also address the person's need, if any, for supervision, counseling, medication, community support services, residential services, vocational services, and alcohol or other drug abuse treatment. The supervised release plan shall be submitted to the court within 90 30 days of the finding under par. (cg) after the county submitted its report under par. (dm). The court may grant extensions one extension of up to 30 days of this time period for good cause. The plan shall do all of the following:

AB64-ASA1,2262s Section 2262s. 980.08 (4) (f) 1. of the statutes is repealed.

AB64-ASA1,2262t Section 2262t. 980.08 (4) (f) 2., 3. and 4. of the statutes are renumbered 980.08 (4) (dm) 1. a., b. and c. and amended to read:

AB64-ASA1,952,21 980.08 (4) (dm) 1. a. Ensure that The distance between the person's placement is into a residence that is not less than 1,500 feet from and any school premises, child care facility, public park, place of worship, or youth center. A person is not in violation of a condition or rule of supervised release under sub. (7) (a) if any school premises, child care facility, public park, place of worship, or youth center is established within 1,500 feet from near the person's residence after he or she is placed in the residence under this section.

AB64-ASA1,953,4 b. If the person committed a sexually violent offense against an adult at risk, as defined in s. 55.01 (1e), or an elder adult at risk, as defined in s. 46.90 (1) (br), ensure that the distance between the person's placement is into a residence that is not less than 1,500 feet from and a nursing home or an assisted living facility. A person is not in violation of a condition or rule of supervised release under sub. (7) (a) if a nursing home or an assisted living facility is established within 1,500 feet from near the person's residence after he or she is placed in the residence under this section.

AB64-ASA1,953,13 c. If the person is a serious child sex offender, ensure that the distance between the person's placement is into a residence that is not on a property adjacent to and a property where a child's primary residence exists. For the purpose of this subdivision, adjacent properties are properties that share a property line without regard to a public or private road if the living quarters on each property are not more than 1,500 feet apart. A person is not in violation of a condition or rule of supervised release under sub. (7) (a) if a child establishes primary residence in a property adjacent to near the person's residence after the person is placed in the residence under this section.

AB64-ASA1,2262u Section 2262u. 980.08 (4) (g) of the statutes is amended to read:

AB64-ASA1,954,2 980.08 (4) (g) The court shall review the plan submitted by the department under par. (cm) (f). If the details of the plan adequately meet the treatment needs of the individual and the safety needs of the community, then the court shall approve the plan and determine that supervised release is appropriate. If the details of the plan do not adequately meet the treatment needs of the individual or the safety needs of the community, then the court shall determine that supervised release is not appropriate or direct the preparation of another supervised release plan to be considered by the court under this paragraph. If the plan is inadequate under this paragraph due to the residential option, the court shall order the county to identify and arrange to lease another residential option and to prepare a new report under par. (dm). If the plan is inadequate under this paragraph due to the treatment options, the court shall order the department to prepare another plan under par. (f).

AB64-ASA1,2262v Section 2262v. 980.08 (5m) of the statutes is repealed.

AB64-ASA1,2262w Section 2262w. 980.105 (2) of the statutes is created to read:

AB64-ASA1,954,10 980.105 (2) If sub. (1m) is insufficient to determine the county of residence, the department shall find that the county of residence is the county in which, on the date that the person committed the sexually violent offense that resulted in the sentence, placement, or commitment that was in effect when the petition was filed under s. 980.02, the person would have been a resident for the purposes of social security disability insurance eligibility.

AB64-ASA1,2262x Section 2262x. 980.105 (2m) of the statutes is repealed.

AB64-ASA1,2262y Section 2262y. 990.01 (2) of the statutes is amended to read:

AB64-ASA1,954,16 990.01 (2) Acquire. “Acquire," when used in connection with a grant of power to any person, includes the acquisition by purchase, grant, gift or bequest. It includes the power to condemn only in the cases specified in s. 32.02 and subject to the limitations under s. 32.015.

AB64-ASA1,2264 Section 2264 . 995.55 (1) (b) of the statutes is amended to read:

AB64-ASA1,954,22 995.55 (1) (b) “Educational institution" means an institution of higher education, as defined in s. 108.02 (18); a technical college established under s. 38.02; a school, as defined in s. 38.50 440.52 (11) (a) 2.; a public school, as described in s. 115.01 (1); a charter school, as defined in s. 115.001 (1); a private school, as defined in s. 115.001 (3r); or a private educational testing service or administrator.

AB64-ASA1,2265 Section 2265 . 2013 Wisconsin Act 229, section 6 (1), as last affected by 2015 Wisconsin Act 55, is amended to read:

AB64-ASA1,955,3 [2013 Wisconsin Act 229] Section 6 (1) This act takes effect on July 1, 2017 2018, and first applies to bad debts resulting from sales completed beginning on July 1, 2017 2018.

AB64-ASA1,2265g Section 2265g. 2015 Wisconsin Act 55, section 768kb is repealed.

AB64-ASA1,2265h Section 2265h. 2015 Wisconsin Act 55, section 768pb is repealed.

AB64-ASA1,2265m Section 2265m. 2015 Wisconsin Act 55, section 1458rb is repealed.

AB64-ASA1,2265p Section 2265p. 2015 Wisconsin Act 55, section 9426 (1q) is amended to read:

AB64-ASA1,955,10 [2015 Wisconsin Act 55] Section 9426 (1q) Wisconsin court appointed special advocate association grants. The repeal of sections 20.455 (5) (es) and 165.967 of the statutes takes effect on July 1, 2017 2019.

AB64-ASA1,2265q Section 2265q. 2015 Wisconsin Act 55, section 9449 (1q) is repealed.

AB64-ASA1,2265r Section 2265r. 2017 Wisconsin Act 33, section 1y is amended to read:

AB64-ASA1,955,14 [2017 Wisconsin Act 33] Section 1y This act takes effect on the day after publication July 19, 2017, except as follows:

AB64-ASA1,955,18 (1) Sunset for evaluation of legislation. The treatment of section 961.443 (2) (title) (by Section 1em), (a) (by Section 1gm), and (b) (by Section 1im) of the statutes takes effect on the first day of the 37th month beginning after publication August 1, 2020.

AB64-ASA1,2265t Section 2265t. 2017 Wisconsin Act .... (January 2017 Special Session Assembly Bill 7), section 1 (1) is amended to read:

AB64-ASA1,956,4 [2017 Wisconsin Act .... (January 2017 Special Session Assembly Bill 7)] Section 1 (1) Expanding graduate medical training in an addiction specialty. From the appropriation under section 20.435 (4) (b) (bf) of the statutes and notwithstanding the funding limitations in section 146.64 (2) (c) 1. of the statutes, the department of health services may award grants to hospitals under section 146.64 of the statutes to increase the number of physicians trained in an addiction specialty. To receive a grant under this subsection, the hospital shall expand fellowship positions in addiction medicine or addiction psychiatry for physicians practicing family medicine, general internal medicine, general surgery, pediatrics, or psychiatry.

AB64-ASA1,2266r Section 2266r. DHS 116.04 (2) (d) of the administrative code is amended to read:

AB64-ASA1,956,10 DHS 116.04 (2) (d) The department may not require a reporter under par. (a), (b) or (c) to provide the name of a child to the department if the child's parent or guardian does not consent states in writing that he or she refuses to the release of the name or address of the child to the department.

AB64-ASA1,2266s Section 2266s. DHS 116.05 (2) (a) (intro.) of the administrative code is amended to read:

AB64-ASA1,956,14 DHS 116.05 (2) (a) (intro.) The department may release child-identifiable data only to persons specified in s. 253.12, Stats., and to the following persons:

AB64-ASA1,2266t Section 2266t. DHS 116.05 (4) of the administrative code is repealed.

AB64-ASA1,2266u Section 2266u. DOC 309.10 (1) of the administrative code is amended to read:

AB64-ASA1,956,24 DOC 309.10 (1) Public officials, elected tribal officials, tribal judges, and members of private and public organizations who provide services to inmates may visit institutions with the approval of the warden. These visitors shall make arrangements for all such visits in advance with the warden to minimize interference with normal operations and activities. The warden may limit the duration of such visits for security reasons. A person who has not attained the age of 18 may not participate in any group visit except with the approval of the warden, unless the person is a family member on the inmate's approved visitor list.

AB64-ASA1,2266v Section 2266v. Trans 142.04 (7) of the administrative code is repealed.

AB64-ASA1,2266w Section 2266w. Trans 269.05 (2) of the administrative code is amended to read:

AB64-ASA1,957,9 Trans 269.05 (2) An issuing authority may issue a permit only for the transportation of garbage or refuse, in a self-compactor equipped vehicle or a roll-off equipped truck or roll-off trailer that uses all axles while transporting garbage or refuse, or for the transportation of recyclable scrap. This includes the transportation of tools and equipment necessary for the safe and efficient pick-up and discharge of the garbage or refuse, or recyclable scrap, and for the return of the vehicle when empty.

AB64-ASA1,9101 Section 9101. Nonstatutory provisions; Administration.

AB64-ASA1,957,11 (1) Elimination of depository selection board.

AB64-ASA1,957,14 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the depository selection board become the assets and liabilities of the department of administration.

AB64-ASA1,957,17 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the depository selection board is transferred to the department of administration.

AB64-ASA1,957,22 (c) Contracts. All contracts entered into by the depository selection board in effect on the effective date of this paragraph remain in effect and are transferred to the department of administration. The department of administration shall carry out all obligations under such a contract unless modified or rescinded by the department of administration to the extent allowed under the contract.

AB64-ASA1,958,2 (d) Pending matters. Each matter pending with the depository selection board on the effective date of this paragraph is transferred to the department of administration, and all materials submitted to or actions taken by the depository selection board with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

AB64-ASA1,958,8 (e) Rules and orders. All rules promulgated by the depository selection board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of administration. All orders issued by the depository selection board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of administration.

AB64-ASA1,958,10 (2) Transfer of college savings programs duties to the department of financial institutions.

AB64-ASA1,958,15 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration that are primarily related to the department's performance of duties under sections 16.64 and 16.641, 2015 stats., as determined by the secretary of administration, become the assets and liabilities of the department of financial institutions.

AB64-ASA1,958,20 (b) Positions and employees. On the effective date of this paragraph, 2.0 FTE SEG positions, and the incumbent employees holding those positions, in the department of administration responsible for the performance of duties under sections 16.64 and 16.641, 2015 stats., as determined by the secretary of administration, are transferred to the department of financial institutions.

AB64-ASA1,959,2 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under chapter 230 of the statutes in the department of financial institutions that they enjoyed in the department of administration immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee transferred under paragraph (b ) who has attained permanent status in class is required to serve a probationary period.

AB64-ASA1,959,7 (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 department's performance of duties under sections 16.64, 16.641, and 16.642 (2), 2015 stats., as determined by the secretary of administration, is transferred to the department of financial institutions.

AB64-ASA1,959,14 (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 department's performance of duties under sections 16.64 and 16.641, 2015 stats., as determined by the secretary of administration, remain in effect and are transferred to the department of financial institutions. The department of financial institutions shall carry out any obligations under those contracts unless modified or rescinded by the department of financial institutions to the extent allowed under the contract.

AB64-ASA1,959,24 (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 department's performance of duties under sections 16.64 and 16.641, 2015 stats., as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of financial institutions. All orders issued by the department of administration in effect on the effective date of this paragraph that are primarily related to the department's performance of duties under sections 16.64 and 16.641, 2015 stats., as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of financial institutions.

AB64-ASA1,960,7 (g) Pending matters. Any matter pending with the department of administration that is primarily related to the department's performance of duties under sections 16.64 and 16.641, 2015 stats., as determined by the secretary of administration, is transferred to the department of financial institutions. All materials submitted to or actions taken by the department of administration with respect to the pending matter are considered as having been submitted to or taken by the department of financial institutions.

AB64-ASA1,960,8 (3) Transfer of mental health services.

AB64-ASA1,960,12 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration that are primarily related to mental health services, as determined by the secretary of administration, become the assets and liabilities of the department of health services.

AB64-ASA1,960,16 (b) 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 mental health services, as determined by the secretary of administration, is transferred to the department of health services.

AB64-ASA1,960,23 (c) Contracts. All contracts entered into by the department of administration in effect of the effective date of this paragraph that are primarily related to mental health services, as determined by the secretary of administration, remain in effect and are transferred to the department of health services. The department of health services shall carry out any obligations under those contracts unless modified or rescinded by the department of health services to the extent allowed under the contract.

AB64-ASA1,961,7 (d) 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 mental health services, as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of health services. All orders issued by the department of administration in effect on the effective date of this paragraph that are primarily related to mental health services, as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of health services.

AB64-ASA1,961,14 (e) Pending matters. Any matter pending with the department of administration on the effective date of this paragraph that is primarily related to mental health services, as determined by the secretary of administration, is transferred to the department of health services. All materials submitted to or actions taken by the department of administration with respect to the pending matter are considered as having been submitted to or taken by the department of health services.

AB64-ASA1,961,15 (4) Telecommunications relay service.

AB64-ASA1,961,20 (a) Position transfer. On the effective date of this paragraph, 1.0 FTE PR position, and the incumbent employee holding that position, in the department of administration responsible for administering telecommunications relay service, as determined by the secretary of administration, is transferred to the public service commission.

AB64-ASA1,962,2 (b) Employee status. The employee transferred under paragraph (a ) has all the rights and the same status under chapter 230 of the statutes in the public service commission that the employee enjoyed in the department of administration immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, if the employee transferred under paragraph (a ) attained permanent status in class before the transfer, the employee is not required to serve a probationary period.

AB64-ASA1,962,8 (c) Contracts. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to telecommunications relay service, as determined by the secretary of administration, remain in effect and are transferred to the public service commission. The public service commission shall carry out any obligations under those contracts unless modified or rescinded by the commission to the extent allowed under the contracts.

AB64-ASA1,962,12 (d) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to telecommunications relay service, as determined by the secretary of administration, become the assets and liabilities of the public service commission.

AB64-ASA1,962,16 (e) 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 telecommunications relay service, as determined by the secretary of administration, is transferred to the public service commission.

AB64-ASA1,962,17 (7p) Prosecutor board.

AB64-ASA1,962,24 (a) Initial terms for prosecutor board members. Notwithstanding section 15.77 of the statutes, of the members of the prosecutor board who are appointed as initial members, one member representing each district under section 752.11 (1) (b) and (d) of the statutes and one member under section 15.77 (3) of the statutes shall serve for a one-year term and one member representing the district under section 752.11 (1) (c) of the statutes, one member under section 15.77 (2) of the statutes, and one member under section 15.77 (3) of the statutes shall serve for a 2-year term.

AB64-ASA1,962,25 (b) Transfer of state prosecutors office.

AB64-ASA1,963,4 1. `Assets and liabilities.' On the effective date of this subdivision, the assets and liabilities of the department of administration that are primarily related to the state prosecutors office, as determined by the secretary of administration, become the assets and liabilities of the prosecutor board.

AB64-ASA1,963,8 2. `Tangible personal property.' On the effective date of this subdivision, all tangible personal property, including records, of the department of administration that is primarily related to the state prosecutors office, as determined by the secretary of administration, is transferred to the prosecutor board.

AB64-ASA1,963,14 3. `Contracts.' All contracts entered into by the department of administration that are primarily related to the state prosecutors office, as determined by the secretary of administration, in effect on the effective date of this subdivision, remain in effect and are transferred to the prosecutor board. The prosecutor board shall carry out any such contractual obligations unless modified or rescinded by the prosecutor board to the extent allowed under the contract.

AB64-ASA1,963,20 4. `Pending matters.' Any matter pending with the department of administration that is primarily related to the state prosecutors office, as determined by the secretary of administration, on the effective date of this subdivision, is transferred to the prosecutor board, and all materials submitted to or actions taken by the department of administration, with respect to the pending matter are considered as having been submitted to or taken by the prosecutor board.