Amendment ASA1-AB64

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 of the statutes is repealed.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.

AB64-ASA1,963,25 5. `Rules and orders.' All rules promulgated for the department of administration that are primarily related to the state prosecutors office, as determined by the secretary 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 prosecutor board.

AB64-ASA1,964,1 (c) Plan for office space for prosecutors office.

AB64-ASA1,964,5 1. The prosecutor board, in consultation with the department of administration, shall, no later than March 1, 2018, submit to the joint committee on finance a plan to house the prosecutors office in the space that, on the effective date of this subdivision, is occupied by the director of the state prosecutors office.

AB64-ASA1,964,10 2. The plan submitted under subdivision 1. shall include provisions for the acquisition or release, as appropriate, of space; the relocation, if necessary, of staff and tangible personal property; and any other provisions necessary for the transition. The plan shall provide office space for a legislative liaison and a space to accommodate meetings of the prosecutor board.

AB64-ASA1,964,19 3. If the cochairpersons of the joint committee on finance do not notify the prosecutor board within 14 working days after the date the plan is submitted under subdivision 1. that the committee has scheduled a meeting to take place for the purpose of reviewing the plan, the prosecutor board shall implement the plan. If, within 14 working days after the date the plan is submitted under subdivision 1., the cochairpersons of the joint committee on finance notify the prosecutor board that the committee has scheduled a meeting for the purpose of reviewing the plan, the prosecutor board shall incorporate into the plan all changes made by the committee and implement the plan.

AB64-ASA1,964,20 (8f) Judicial compensation; compensation plan.

AB64-ASA1,965,2 (a) The administrator of the division of personnel management in the department of administration shall, in establishing the state employee compensation plan under section 230.12 of the statutes for the 2017-19 biennium, consult with the chief justice of the Wisconsin Supreme Court regarding establishing salary adjustments for judges and justices for the 2017-19 biennium that exceed the equivalent of 2, 2 percent general wage adjustments.

AB64-ASA1,965,10 (b) If, on the effective date of this paragraph, the compensation plan under section 230.12 of the statutes has been adopted for the 2017-19 biennium, by no later than 30 days after the effective date of this paragraph, the administrator of the division of personnel management in the department of administration shall consult with the chief justice of the Wisconsin Supreme Court to discuss the possibility of proposing an amendment under section 230.12 (3) (c) of the statutes to include the judicial salary adjustments that exceed the equivalent of 2, 2 percent general wage adjustments for judges and justices during the 2017-19 biennium.

AB64-ASA1,965,11 (9) Human resources services.

AB64-ASA1,965,13 (a) Definition. In this subsection, “shared services agency” has the meaning given in section 16.004 (20) (a) of the statutes.

AB64-ASA1,965,17 (b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of a shared services agency that relate to human resources services and payroll and benefit services, as determined by the secretary of administration, become the assets and liabilities of the department of administration.

AB64-ASA1,965,18 (c) Positions and employees.

AB64-ASA1,965,23 1. On the effective date of this subdivision, all FTE positions in a shared services agency relating to human resources services and payroll and benefit services, as determined by the secretary of administration, and the incumbent employees holding those positions, are transferred to the department of administration.

AB64-ASA1,966,4 2. Employees transferred under subdivision 1. have all the rights and the same status under chapter 230 of the statutes in the department of administration that they enjoyed in the shared services agency immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee transferred under subdivision 1. who has attained permanent status in class is required to serve a probationary period.

AB64-ASA1,966,8 (d) Personal property. On the effective date of this paragraph, all tangible personal property, including records, of a shared services agency that relate to human resources services and payroll and benefit services, as determined by the secretary of administration, are transferred to the department of administration.