2003 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
veterans and military affairs
This bill allows DVA to create a program to provide stipends to individuals to attend school and receive the necessary credentials to become employed at the Wisconsin Veterans Home at King, at the Southern Wisconsin Veterans Retirement Center, or at other veterans facilities. The bill requires DVA to promulgate rules for the stipend program if DVA decides to create that program.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.485 (1) (gk) of the statutes is amended to read:
20.485 (1) (gk) Institutional operations. The amounts in the schedule for the care of the Wisconsin Veterans Home at King, the Southern Wisconsin Veterans Retirement Center, and veterans facilities, and for the payment of stipends under s. 45.365 (7). All moneys received under par. (m) and s. 45.37 (9) (d) and (9d) shall be credited to this appropriation.
SECTION 2. 45.365 (7) of the statutes is created to read:
45.365 (7) The department may develop a program to provide stipends to individuals to attend school and receive the necessary credentials to become employed at the home or the southeastern facility. If the department does develop a stipend program under this subsection, the department shall promulgate administrative rules related to the program, including the application process, eligibility criteria, stipend amount, repayment provisions, and other provisions that the department determines are necessary to administer the program.
SECTION 9158. Nonstatutory provisions; veterans affairs.
(1) EDUCATIONAL STIPEND PROGRAM; RULES. If the department of veterans affairs develops a stipend program under section 45.365 (7) of the statutes, as created by this act, the department shall, using the procedure under section 227.24 of the statutes, promulgate the rule required under section 45.365 (7) of the statutes, as created by this act, for the period before the effective date of the permanent rule promulgated under section 45.365 (7) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
(End)
LRB-0327LRB-0327/2
RAC:kjf&cmh:cph
2003 - 2004 LEGISLATURE
DOA:......Uecker - BB0085, Bonding authority for Department of Veterans Affairs
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
State Government
State finance
This bill increases the authorized bonding authority of DVA to fund, refund, or acquire public debt from $665,000,000 to $840,000,000.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.866 (2) (zo) of the statutes is amended to read:
20.866 (2) (zo) Veterans affairs; refunding bonds. From the funds and accounts under s. 18.04 (6) (b), a sum sufficient for the department of veterans affairs to fund, refund, or acquire the whole or any part of public debt as set forth in s. 18.04 (5). The building commission may contract public debt in an amount not to exceed $665,000,000 $840,000,000 for these purposes, exclusive of any amount issued to fund public debt contracted under par. (zn).
(End)
LRB-0332LRB-0332/3
MGD:kjf/jld/kmg:jf
2003 - 2004 LEGISLATURE
DOA:......Steinmetz - BB0086, Converting Prairie du Chien Correctional Institution into an adult prison
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
correctional system
Adult correctional system
Under current law, until July 1, 2003, DOC may operate the juvenile correctional facility at Prairie du Chien as a state prison for nonviolent offenders who are not more than 21 years of age. This bill permanently converts that facility into an adult prison and lifts all restrictions regarding the age and type of prisoner who may be confined there.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.410 (3) (hm) of the statutes is amended to read:
20.410 (3) (hm) Juvenile correctional services. Except as provided in pars. (ho) and (hr), the amounts in the schedule for juvenile correctional services specified in s. 301.26 (4) (c) and (d) and to operate the correctional institution authorized under 1997 Wisconsin Act 4, section 4 (1) (a). All moneys received from the sale of surplus property, including vehicles, from juvenile correctional institutions operated by the department, all moneys received as payments in restitution of property damaged at juvenile correctional institutions operated by the department, all moneys received from miscellaneous services provided at a juvenile correctional institution operated by the department, all moneys transferred under s. 301.26 (4) (cm), all moneys received under 1997 Wisconsin Act 27, section 9111 (2u) and, except as provided in par. (hr), all moneys received in payment for juvenile correctional services specified in s. 301.26 (4) (d), (dt), and (g) shall be credited to this appropriation account. If moneys generated by the daily rate under s. 301.26 (4) (d) exceed actual fiscal year institutional costs, other than the cost of operating the correctional institution authorized under 1997 Wisconsin Act 4, section 4 (1) (a), by 2% or more, all moneys in excess of that 2% shall be remitted to the counties during the subsequent calendar year or transferred to the appropriation account under par. (kx) during the subsequent fiscal year. Each county and the department shall receive a proportionate share of the remittance and transfer depending on the total number of days of placement at juvenile correctional institutions including the Mendota Juvenile Treatment Center. Counties shall use the funds for purposes specified in s. 301.26. The department shall deposit in the general fund the amounts transferred under this paragraph to the appropriation account under par. (kx).
SECTION 2. 302.01 (1) (d) of the statutes is amended to read:
302.01 (1) (d) The correctional institution at Prairie du Chien authorized under 1997 Wisconsin Act 4, section 4 (1) (a) s. 301.16 (1u).
SECTION 3. 1997 Wisconsin Act 4, section 4 (1) (title) is repealed.
SECTION 4. 1997 Wisconsin Act 4, section 4 (1) (a), as last affected by 2001 Wisconsin Act 16, section 4035, is renumbered 301.16 (1u) of the statutes and amended to read:
301.16 (1u) Notwithstanding 1995 Wisconsin Act 27, section 9126 (23) and (26v), the department of corrections may, from July 1, 1997, until July 1, 2003, shall operate the secured correctional facility, as defined in s. 938.02 (15m) of the statutes, authorized under 1995 Wisconsin Act 27, section 9126 (26v), as a state prison named in section 302.01 of the statutes, as affected by this act, for the placement of prisoners, as defined in section 301.01 (2) of the statutes, who are not more than 21 years of age and who are not violent offenders, as determined by the department of corrections.
SECTION 5. 1997 Wisconsin Act 4, section 4 (1) (b) is repealed.
SECTION 6. 1997 Wisconsin Act 27, section 9111 (2u) is repealed.
(End)
LRB-0335LRB-0335/P1
MGD:kjf&cmh:pg
2003 - 2004 LEGISLATURE
DOA:......Steinmetz - BB0092, Law applicable to prisoners confined in other states
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
correctional system
Adult correctional system
Under current law, DOC may contract with a private person to confine a Wisconsin prisoner in a private prison in another state. Current law further provides that a person confined under such a contract is subject to the laws of the state in which the prison is located that relate to the confinement of persons in that prison. Under this bill, the contract may provide that certain laws of the state in which the person is confined do not apply to that person.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 301.21 (2m) (b) of the statutes is amended to read:
301.21 (2m) (b) While in an institution in another state covered by a contract under this subsection, Wisconsin prisoners are subject to all provisions of law and regulation concerning the confinement of persons in that institution under the laws of that state, except as otherwise provided for by any contract entered into under this subsection.
(End)
LRB-0336LRB-0336/P2
MGD:kjf&cmh:jf
2003 - 2004 LEGISLATURE
DOA:......Steinmetz - BB0091, Administrative and minimum supervision fees
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Correctional system
Adult correctional system
Current law provides that, with certain exceptions, DOC must charge a fee to each person on probation, parole, or extended supervision to cover some or all of the cost of supervising the person. Current law authorizes DOC to set fees for persons subject to administrative or minimum supervision separately from its setting of fees for persons subject to more intensive supervision. This bill eliminates DOC's authority to base the fee on the level of supervision.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.410 (1) (ge) of the statutes is amended to read:
20.410 (1) (ge) Administrative and minimum supervision. The amounts in the schedule for the supervision of probationers, parolees, and persons on extended supervision under minimum or administrative supervision and for the department's costs associated with contracts under s. 301.08 (1) (c) 2. All moneys received from vendors under s. 301.08 (1) (c) 4. and from fees charged under s. 304.073 (2) shall be credited to this appropriation account.
SECTION 2. 71.93 (1) (a) 5. of the statutes is amended to read:
71.93 (1) (a) 5. An amount owed to the department of corrections under s. 304.073 (2) or 304.074 (2).
SECTION 3. 304.073 of the statutes is repealed.
SECTION 4. 304.074 (1) of the statutes is repealed.
SECTION 5. 304.074 (4) of the statutes is repealed.
SECTION 6. 973.09 (3) (bm) 1. of the statutes is amended to read:
973.09 (3) (bm) 1. At least 90 days before the expiration date of a probationer's period of probation, the department may notify the sentencing court and the district attorney that a probationer owes unpaid fees to the department under s. 304.073 or 304.074.
SECTION 7. 973.09 (3) (bm) 3. of the statutes is amended to read:
973.09 (3) (bm) 3. At a probation review hearing under subd. 2., the department has the burden of proving that the probationer owes unpaid fees under s. 304.073 or 304.074 and the amount of the unpaid fees. If the department proves by a preponderance of the evidence that the probationer owes unpaid fees under s. 304.073 or 304.074, the court may, by order, extend the period of probation for a stated period or modify the terms and conditions of probation.
SECTION 8. 973.09 (3) (c) 1. of the statutes is amended to read:
973.09 (3) (c) 1. The probationer has not made a good faith effort to discharge court-ordered payment obligations or to pay fees owed under s. 304.073 or 304.074.
(End)
LRB-0338LRB-0338/1
MGG:kmg:jf
2003 - 2004 LEGISLATURE
DOA:......Wagner - BB0104 Forestry appropriation structure
