3. If Milwaukee County adopts a resolution under section 66.1039 (2) (a) 1. or 2. of the statutes, as created by this act, the member appointed under section 66.1039 (3) (b) 2. of the statutes, as created by this act, from the city of Milwaukee.
(b) Initial terms of Dane County regional transit authority. Notwithstanding the length of terms specified for members of the board of directors of the Dane County transit authority under section 66.1039 (2) (b) and (3) (a) of the statutes, as created by this act, the initial terms for the members appointed under section 66.1039 (3) (c) 1. and 4. of the statutes, as created by this act, shall be two years.
(c) Initial terms of Fox Cities regional transit authority. Notwithstanding the length of terms specified for members of the board of directors of the Fox Cities regional transit authority under section 66.1039 (2) (c) and (3) (a) of the statutes, as created by this act, the initial members of the board of directors shall be appointed for the following terms:
1. The members appointed under section 66.1039 (3) (d) 1. of the statutes, as created by this act, for terms expiring on June 30, 2011.
2. The members appointed under section 66.1039 (3) (d) 2. to 4. of the statutes, as created by this act, for terms expiring on June 30, 2013.
SECTION 9450. Effective dates; Transportation.
(1) TRANSIT AUTHORITIES.",@"" ="-",@"" ="Base-U1",Subcomponent =yes>) The repeal and recreation of section 40.02 (28) of the statutes takes effect on January 1, 2010.
(End)
LRB-1141LRB-1141/P2
CMH:bjk:rs
2009 - 2010 LEGISLATURE
DOA:......Jablonsky, BB0263 - Treatment to competency for persons who are not competent for trial
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Mental illness and developmental disabilities
Under current law, if a court has reason to doubt the competency of a criminal defendant, the court may require the defendant to be examined to determine whether the person is competent to proceed to trial. If the examiner determines that the person is not competent, but may attain competency with treatment, the court must suspend the criminal proceedings and commit the defendant to the custody of DHS for placement in an appropriate mental health institution for up to 12 months, or for the maximum sentence specified for the most serious offense with which the defendant is charged, whichever is less. This bill reduces the commitment time to a maximum of six months, or the maximum sentence specified for the most serious offense with which the defendant is charged, whichever is less.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 322.0767 (1) (b) of the statutes is amended to read:
322.0767 (1) (b) The department of health services shall submit all reports a report that are is required under s. 971.14 (5) (b) and that pertain pertains to a person subject to a commitment order under par. (a) to the court-martial.
SECTION 2. 971.14 (5) (a) of the statutes is amended to read:
971.14 (5) (a) If the court determines that the defendant is not competent but is likely to become competent within the period specified in this paragraph if provided with appropriate treatment, the court shall suspend the proceedings and commit the defendant to the custody of the department of health services for the department to determine whether treatment shall occur in an appropriate institution designated by the department, or in a community-based treatment conducted in a jail or a locked unit of a facility that has entered into a voluntary agreement with the state to serve as a location for treatment, or as a condition of bail or bond, for a period of time not to exceed 12 6 months, or the maximum sentence specified for the most serious offense with which the defendant is charged, whichever is less. Under this subsection, the department of health services may commence services to a person in jail but shall, as soon as possible, transfer that person to an institution or provide services to the person in a nonjail setting consistent with this subsection. Days spent in commitment under this paragraph are considered days spent in custody under s. 973.155.
SECTION 3. 971.14 (5) (b) of the statutes is amended to read:
971.14 (5) (b) The defendant shall be periodically reexamined by the department of health services examiners. Written reports of examination shall be furnished to the court 3 2 months after commitment, 6 months after commitment, 9 months after commitment and within 30 days prior to the expiration of commitment. Each report shall indicate either that the defendant has become competent, that the defendant remains incompetent but that attainment of competency is likely within the remaining commitment period, or that the defendant has not made such progress that attainment of competency is likely within the remaining commitment period. Any report indicating such a lack of sufficient progress shall include the examiner's opinion regarding whether the defendant is mentally ill, alcoholic, drug dependent, developmentally disabled, or infirm because of aging or other like incapacities.
SECTION 4. 971.14 (5) (d) of the statutes is amended to read:
971.14 (5) (d) If the defendant is receiving medication the court may make appropriate orders for the continued administration of the medication in order to maintain the competence of the defendant for the duration of the proceedings. If a defendant who has been restored to competency thereafter again becomes incompetent, the maximum commitment period under par. (a) shall be 18 12 months minus the days spent in previous commitments under this subsection, or 12 6 months, whichever is less.
SECTION 9322. Initial applicability; Health Services.
(1) COMMITMENT FOR COMPETENCY RESTORATION. The treatment of sections 322.0767 (1) (b) and 971.14 (5) (a), (b), and (d) of the statutes first applies to commitment periods that are in progress on the effective date of this subsection.
(End)
LRB-1155LRB-1155/1
RCT:wlj:jf
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0265 - Great Lakes Compact and water use fees
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Environment
Water quality
Under current law, DNR conducts activities related to the withdrawal and use of water in this state, including activities to implement the Great Lakes Water Resources Compact.
This bill establishes three fees, to be paid beginning in 2011, that DNR may use for activities related to water use, including activities to implement the Great Lakes Water Resources Compact. The first is an annual fee to be paid by a person with a water supply system anywhere in this state with the capacity to withdraw 100,000 gallons or more per day. The fee is $125, except that DNR may modify the amount of the fee by rule.
The second fee is imposed on a person who withdraws more than 50,000,000 gallons of water from the Great Lakes basin in a year. DNR specifies the amount of this fee by rule.
Current law requires a person who intends to transfer (divert) water out of the Great Lakes basin to apply to DNR. The law provides that water may be diverted out of the basin only for the purpose of providing water to the public. The third water use fee established in the bill is a fee of $5,000 that must be paid by a person applying for approval of a diversion out of the Great Lakes basin.
For further information see the state and local 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. 20.370 (4) (ai) of the statutes is created to read:
20.370 (4) (ai) Water resources -- water use fees. From the general fund, all moneys received under s. 281.346 (12) for activities related to water use and the administration of s. 281.346.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 281.346 (12) of the statutes is created to read:
281.346 (12) FEES. (a) A person who has a water supply system with the capacity to make a withdrawal from the waters of the state averaging 100,000 gallons per day or more in any 30-day period shall pay to the department an annual fee of $125, except that the department may promulgate a rule specifying a different amount.
(b) In addition to the fee under par. (a), a person who withdraws from the Great Lakes basin more than 50,000,000 gallons per year shall pay to the department an annual fee in an amount specified under par. (c).
(c) The department shall promulgate a rule specifying the amount of the fee under par. (b).
(d) A person who submits an application under sub. (4) shall pay to the department a review fee of $5,000.
SECTION 9437. Effective dates; Natural Resources.
(1) WATER USE FEES. The treatment of sections 20.370 (4) (ai) and 281.346 (12) of the statutes takes effect on January 1, 2011.
(End)
LRB-1156LRB-1156/3
RCT:kjf:ph
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0266 - Replace Land and Water Conservation Board with council
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Agriculture
This bill eliminates the Land and Water Conservation Board (LWCB), the membership of which includes the secretaries of administration, natural resources, and agriculture, trade and consumer protection or their designees and three members of county land conservation committees.
Under current law, LWCB has responsibilities under the Farmland Preservation Program, the Soil and Water Resource Management Program, and the program that provides financial assistance for measures to reduce water pollution from nonpoint (diffuse) sources. For example, LWCB approves farmland preservation plans and exclusive agricultural zoning ordinances for the purposes of eligibility for the farmland preservation tax credit, establishes tolerable soil erosion levels, approves soil and water conservation standards established by county land conservation committees, and reviews and affirms or reverses certain decisions related to nonpoint source water pollution from agricultural facilities. The bill eliminates some LWCB responsibilities and transfers others to DATCP.
The bill creates the Land and Water Resource Council to advise DATCP and DNR about matters related to land and water resources.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 15.07 (1) (b) 10. of the statutes is repealed.
SECTION 2. 15.07 (1) (cm) of the statutes is amended to read:
15.07 (1) (cm) The term of one member of the government accountability board shall expire on each May 1. The terms of 3 members of the development finance economic policy board appointed under s. 15.155 (1) (a) 6. (2) (a) 4. shall expire on May 1 of every even-numbered year and the terms of the other 3 members appointed under s. 15.155 (1) (a) 6. (2) (a) 4. shall expire on May 1 of every odd-numbered year. The terms of the 3 members of the land and water conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1. The term of the member of the land and water conservation board appointed under s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of members of the real estate board shall expire on July 1. The terms of the appraiser members of the real estate appraisers board and the terms of the auctioneer and auction company representative members of the auctioneer board shall expire on May 1 in an even-numbered year. The terms of the members of the cemetery board shall expire on July 1 in an even-numbered year. The term of the student member of the Board of Regents of the University of Wisconsin System who is at least 24 years old shall expire on May 1 of every even-numbered year.
****NOTE: This is reconciled s. 15.07 (1) (cm). This SECTION has been affected by drafts with the following LRB numbers: 1156/3 and 1578/P3.
SECTION 3. 15.07 (5) (h) of the statutes is repealed.
SECTION 4. 15.135 (4) of the statutes is repealed.
SECTION 5. 15.137 (3) of the statutes is created to read:
15.137 (3) LAND AND WATER RESOURCE COUNCIL. (a) Voting members. There is created in the department of agriculture, trade and consumer protection a land and water resource council with the following voting members:
1. A representative of an agricultural organization appointed for a 4-year term.
2. A representative of an environmental organization appointed for a 4-year term.
3. A representative of county government appointed for a 4-year term.
4. The secretary of agriculture, trade and consumer protection or the secretary's designee.
5. The secretary of natural resources or the secretary's designee.
6. The dean of the College of Agricultural and Life Sciences of the University of Wisconsin-Madison or the dean's designee.
7. The chancellor of the University of Wisconsin-Extension or the chancellor's designee.
(b) Nonvoting members. In addition to the voting members under par. (a), the Wisconsin state conservationist of the natural resource conservation service of the federal department of agriculture and the Wisconsin state executive director of the farm service agency of the federal department of agriculture may serve as nonvoting members of the land and water resource council.
SECTION 6. 36.25 (7) of the statutes is amended to read:
36.25 (7) SOIL AND WATER CONSERVATION. The board is responsible for research and educational programs regarding soil and water conservation. The board shall cooperate with the land and water conservation board, the department of agriculture, trade and consumer protection and the counties in carrying out its soil and water conservation programs. The board shall prepare annually a written program of planned educational activities in soil and water conservation.
SECTION 7. 92.03 (2) of the statutes is repealed.
SECTION 8. 92.04 of the statutes is repealed.
****NOTE: This is the reconciled treatment of s. 92.04. This SECTION has been affected by drafts with the following LRB numbers: -0203/1 and -1156/3.
SECTION 9. 92.045 of the statutes is created to read:
92.045 Land and water resource council. The land and water resource council shall advise the department of agriculture, trade and consumer protection and the department of natural resources on all of the following:
(1) The implementation of this chapter and ch. 281, including on the joint annual grant allocation plan under ss. 92.14 (13) and 281.65 (4) (p).
(2) Research, information, and education needs related to the implementation of this chapter and ch. 281.
(3) Coordination of federal, state, and local programs related to land and water resources that are relevant to the implementation of this chapter and ch. 281.
(4) Other matters related to land and water resources, at the joint request of the department of agriculture, trade and consumer protection and the department of natural resources.
