LRB-0846/1
MED&PJH:kjf:jm
2015 - 2016 LEGISLATURE
DOA:......Bong, BB0284 - Crime Victim Compensation Hearings
For 2015-2017 Budget -- Not Ready For Introduction
An Act ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Courts and Procedure
Other courts and procedure
Current law requires the Division of Hearings and Appeals (DHA) to appoint hearing examiners to make findings and orders in crime victim compensation contested cases. In addition, current law requires DHA to appoint hearing examiners to make findings and orders in contested cases in which a health care provider that conducted an examination to gather evidence regarding a sex offense is seeking compensation. For both of these types of contested cases, initial decisions are issued by DOJ.
This bill repeals the requirement that DHA conduct these hearings. However, DOJ would retain the option to contract with DHA to provide hearing services for those cases, as is permitted under current law upon the request of any agency that is not prohibited from contracting with a third party for contested case hearing services.
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. 227.03 (2) of the statutes is amended to read:
227.03 (2) Except as provided in s.
ss. 108.105, 949.11, and 949.31, only the provisions of this chapter relating to rules are applicable to matters arising out of s. 66.191, 1981 stats., s. 40.65 (2), 289.33, 303.07 (7) or 303.21 or subch. II of ch. 107 or ch. 102, 108, or 949.
Section
2. 949.11 (2) of the statutes is repealed.
Section
3. 949.31 (2) of the statutes is repealed.
Section 9326.
Initial applicability; Justice.
(1) Crime victim and sexual assault forensic examination compensation hearings. The treatment of sections 949.11 (2) and 949.31 (2) of the statutes first applies to hearings commenced on the effective date of this subsection.
(End)
