AB150: Bill Text Engrossed

AB150-engrossed,2484,6 977.07 (2) The representative of the state public defender or the authority for indigency determinations specified under sub. (1) making a determination of indigency shall ascertain the assets of the person which exceed the amount needed for the payment of reasonable and necessary expenses incurred, or which must be incurred to support the person and the person's immediate family. The assets shall include disposable income, cash in hand, stocks and bonds, bank accounts and other property which can be converted to cash within a reasonable period of time and is not needed to hold a job, or to shelter, clothe and care for the person and the person's immediate family. Assets which cannot be converted to cash within a reasonable period of time, such as a person's home, car, household furnishings, clothing and other property which has been declared exempt from attachment or execution by law, shall be calculated to be assets equivalent in dollars to the amount of the loan which could be, in fact, raised by using these assets as collateral. Assets also include any money expended by the person to post bond to obtain release regarding the current alleged offense. If the person's assets, less reasonable and necessary living expenses, are not sufficient to cover the anticipated cost of effective representation when the length and complexity of the anticipated proceedings are taken fully into account, the person shall be determined to be indigent in full or in part. The determination of the ability of the person to contribute to the cost of legal services shall be based upon specific written standards relating to income, assets and the anticipated cost of representation. If found to be indigent in full or in part, the person shall be promptly informed of the state's right to payment or recoupment under s. 48.275 (2), 757.66 or 973.06 (1) (e), and the possibility that the payment of attorney fees may be made a condition of probation, should the person be placed on probation. Furthermore, if found to be indigent in part, the person shall be promptly informed of the extent to which he or she will be expected to pay for counsel, and whether the payment shall be in the form of a lump sum payment or periodic payments. The person shall be informed that the payment amount may be adjusted if his or her financial circumstances change by the time of sentencing. The payment and payment schedule shall be set forth in writing. Payments for services of the state public defender or other counsel provided under this chapter made pursuant to this subsection shall be paid to the state public defender for deposit in the state treasury and credited to the appropriation under s. 20.550 (1) (ja). Under this subsection, reasonable and necessary living expenses equal the applicable payment amount under s. 49.19 (11) (a) 1. plus other specified, emergency or essential costs. The representative or authority making the determination of indigency shall consider any assets of the spouse of the person claiming to be indigent as if they were assets of the person, unless the spouse was the victim of a crime allegedly committed by the person.

AB150-engrossed, s. 7274m Section 7274m. 977.07 (2) (b) of the statutes is renumbered 977.06 (3) (a) and amended to read:

AB150-engrossed,2484,12 977.06 (3) (a) Unless the court has made an adjustment under s. 973.06 (1) (e), upon determination at the conclusion of a case that a person's financial circumstances are changed, the state public defender may adjust the amount of payment for counsel under par. (a) in accordance with par. (a) and sub. (1) (a).

AB150-engrossed, s. 7275 Section 7275. 977.07 (2) (c) of the statutes is renumbered 977.06 (2) (a) and amended to read:

AB150-engrossed,2484,23 977.06 (2) (a) A person seeking to have counsel assigned for him or her under s. 977.08, other than a child who is entitled to be represented by counsel under s. 48.23, shall sign a statement declaring that he or she has not disposed of any assets for the purpose of qualifying for that assignment of counsel. If the representative or authority making the indigency determination finds that any asset was disposed of for less than its fair market value for the purpose of obtaining that assignment of counsel, the asset shall be counted under par. (a) s. 977.07 (2) at its fair market value at the time it was disposed of, minus the amount of compensation received for the asset.

AB150-engrossed, s. 7276 Section 7276. 977.07 (2) (d) of the statutes is renumbered 977.06 (2) (b).

AB150-engrossed, s. 7276m Section 7276m. 977.07 (2m) of the statutes is created to read:

AB150-engrossed,2485,11 977.07 (2m) If the person is found to be indigent in full or in part, the person shall be promptly informed of the state's right to payment or recoupment under s. 48.275 (2), 757.66, 973.06 (1) (e) or 977.076 (1), and the possibility that the payment of attorney fees may be made a condition of probation, should the person be placed on probation. Furthermore, if found to be indigent in part, the person shall be promptly informed of the extent to which he or she will be expected to pay for counsel, and whether the payment shall be in the form of a lump sum payment or periodic payments. The person shall be informed that the payment amount may be adjusted if his or her financial circumstances change by the time of sentencing. The payment and payment schedule shall be set forth in writing. This subsection does not apply to persons who have paid under s. 977.075 (1).

AB150-engrossed, s. 7277 Section 7277. 977.07 (3) of the statutes is renumbered 977.06 (4) (a).

AB150-engrossed, s. 7278 Section 7278. 977.07 (3m) (a) (intro.) of the statutes is renumbered 977.06 (4) (b) (intro.) and amended to read:

AB150-engrossed,2485,18 977.06 (4) (b) (intro.) The state public defender shall promptly release a copy of any statement, affidavit or other information provided by a person regarding financial eligibility under this section s. 977.07 only if the state public defender or a circuit court finds all of the following:

AB150-engrossed, s. 7279 Section 7279. 977.07 (3m) (a) 1. of the statutes is renumbered 977.06 (4) (b) 1.

AB150-engrossed, s. 7280 Section 7280. 977.07 (3m) (a) 2. of the statutes is renumbered 977.06 (4) (b) 2.

AB150-engrossed, s. 7281 Section 7281. 977.07 (3m) (b) of the statutes is renumbered 977.06 (4) (c) and amended to read:

AB150-engrossed,2486,3 977.06 (4) (c) Paragraph (a) (b) does not limit the authority of the state public defender to release a copy of the statement, affidavit or other information under other circumstances.

AB150-engrossed, s. 7281m Section 7281m. 977.075 of the statutes is created to read:

AB150-engrossed,2486,8 977.075 Payment for legal representation. (1) The board shall establish by rule fixed amounts as flat payments for the cost of representation that persons found indigent in full or in part may elect to pay. The rule shall require all of the following:

AB150-engrossed,2486,10 (a) If a person elects to pay the applicable fixed amount, the person cannot be held liable for any additional payment for counsel.

AB150-engrossed,2486,12 (b) The person may pay the fixed amount only at the beginning of the representation.

AB150-engrossed,2486,17 (2) The board shall establish by rule a procedure for collecting a nonrefundable partial payment for services from persons who are responsible for payment for legal representation and who are not indigent in full. The rule shall require that the payment be due within 60 days after the commencement of representation. This subsection does not apply to a parent who is subject to s. 48.275 (2) (b).

AB150-engrossed,2486,23 (3) The board shall establish by rule a fee schedule that sets the amount that a person, other than a parent under s. 48.275 (2) (b), who is responsible for payment for legal representation shall pay for the cost of the legal representation. The schedule shall establish a fee for a given type of case, and the fee for a given type of case shall be based on the average cost, as determined by the board, for representation for that type of case.

AB150-engrossed, s. 7281q Section 7281q. 977.076 of the statutes is created to read:

AB150-engrossed,2487,11 977.076 Collections. (1) If the state public defender notifies the court in which the underlying action was filed that a person who is required to reimburse the state public defender for legal representation has failed to make the required payment or to timely make periodic payments, the court may issue a judgment on behalf of the state for the unpaid balance and direct the clerk of circuit court to file and docket a transcript of the judgment, without fee. If the court issues a judgment for the unpaid balance, the court shall send a notice to the person at his or her last-known address that a civil judgment has been issued for the unpaid balance. The judgment has the same force and effect as judgments issued under s. 806.10. Except as provided in s. 48.275 (2) (b), the judgment shall be based on the person's ability to pay and on the fee schedule established by the board under s. 977.075 (3).

AB150-engrossed,2487,16 (2) The department of administration may collect unpaid reimbursement payments to the state public defender ordered by a court under sub. (1) or s. 48.275 (1) (a), 757.66 or 973.06 (1) (e). The department may contract with a private collection agency to collect these payments. Section 16.705 does not apply to a contract under this subsection.

AB150-engrossed, s. 7281t Section 7281t. 977.08 (2) (c) of the statutes is amended to read:

AB150-engrossed,2487,20 977.08 (2) (c) Cases involving persons charged with a misdemeanor that is punishable by imprisonment but is not specified under par. (a) and to which s. 939.615 (1) does not apply.

AB150-engrossed, s. 7282 Section 7282. 977.08 (2) (f) of the statutes is repealed.

AB150-engrossed, s. 7284 Section 7284. 977.08 (3) (f) of the statutes is amended to read:

AB150-engrossed,2488,8 977.08 (3) (f) Beginning on October 1, 1993, the state public defender may shall enter into as many annual contracts as possible with private local attorneys or law firms for the provision of legal representation in cases involving the operation of a vehicle. Under any such contract, the state public defender shall assign cases without regard to pars. (c) and (d), shall set a fixed-fee total amount for all cases handled and shall pay the that amount specified in the contract, which shall not exceed the amount, except that the state public defender may not pay an attorney more for a case than he or she would receive according to the rates under sub. (4m). The contract shall include a procedure authorizing the state public defender to make additional payments for a case or to reassign a case if the circumstances surrounding the case justify the additional payment or reassignment.

AB150-engrossed, s. 7284m Section 7284m. 977.08 (3) (fm) of the statutes is created to read:

AB150-engrossed,2488,11 977.08 (3) (fm) Contracts entered into under par. (f) must terminate before January 1, 1998.

AB150-engrossed, s. 7285 Section 7285. 977.08 (3) (g) of the statutes is created to read:

AB150-engrossed,2488,15 977.08 (3) (g) The state public defender may appoint an attorney without regard to pars. (c) and (d) based on the state public defender's evaluation of that attorney's performance if the board promulgates rules under s. 977.03 (3).

AB150-engrossed, s. 7285g Section 7285g. 977.08 (4m) of the statutes is amended to read:

AB150-engrossed,2488,23 977.08 (4m) (a) Unless otherwise provided by a rule promulgated under s. 977.02 (7r), for cases assigned before December 1, 1992, private local attorneys shall be paid $45 per hour for time spent in court; $35 per hour for time spent out of court, excluding travel, related to a case; and $25 per hour for time spent in travel related to a case if any portion of the trip is outside the county in which the attorney's principal office is located or if the trip requires traveling a distance of more than 30 miles, one way, from the attorney's principal office.

AB150-engrossed,2489,6 (b) Unless otherwise provided by a rule promulgated under s. 977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after December 1, 1992, private local attorneys shall be paid $50 per hour for time spent in court; $40 per hour for time spent out of court, excluding travel, related to a case; and $25 per hour for time spent in travel related to a case if any portion of the trip is outside the county in which the attorney's principal office is located or if the trip requires traveling a distance of more than 30 miles, one way, from the attorney's principal office.

AB150-engrossed, s. 7285m Section 7285m. 977.08 (4m) (c) of the statutes is created to read:

AB150-engrossed,2489,15 977.08 (4m) (c) Unless otherwise provided by a rule promulgated under s. 977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after the effective date of this paragraph .... [revisor inserts date], private local attorneys shall be paid $40 per hour for time spent related to a case, excluding travel, and $25 per hour for time spent in travel related to a case if any portion of the trip is outside the county in which the attorney's principal office is located or if the trip requires traveling a distance of more than 30 miles, one way, from the attorney's principal office.

AB150-engrossed, s. 7286 Section 7286. 977.08 (5) (b) (intro.) of the statutes is amended to read:

AB150-engrossed,2489,19 977.08 (5) (b) (intro.) For the period before January 1, 1993, any Any of the following constitutes an annual caseload standard for an assistant state public defender in the subunit responsible for trials:

AB150-engrossed, s. 7287 Section 7287. 977.08 (5) (bd) of the statutes is repealed.

AB150-engrossed, s. 7288 Section 7288. 977.08 (5) (bg) of the statutes is repealed.

AB150-engrossed, s. 7289 Section 7289. 977.085 (1) (c) of the statutes is amended to read:

AB150-engrossed,2490,2 977.085 (1) (c) In the last 3 quarterly reports for fiscal year 1993-94 and in all of the quarterly reports for fiscal year 1994-95 years 1995-96 and 1996-97, information regarding the status of contracting under s. 977.08 (3) (f) and in the first 2 quarterly reports for fiscal year 1997-98, including information showing the cost savings achieved through the contracting.

AB150-engrossed, s. 7290m Section 7290m. 977.10 (title) of the statutes is repealed.

AB150-engrossed, s. 7290p Section 7290p. 977.10 of the statutes is renumbered 977.085 (3) and amended to read:

AB150-engrossed,2490,15 977.085 (3) On or before each January 15, the state public defender The board shall report provide quarterly reports to the joint committee on finance on the status of reimbursement for or recoupment of payments under ss. 48.275, 757.66 and, 977.06, 977.07 (2), 977.075 and 977.076, including the amount of revenue generated by reimbursement and recoupment. The quarterly reports shall include any alternative means suggested by the board to improve reimbursement and recoupment procedures and to increase the amount of revenue generated. The department of justice, district attorneys, circuit courts and applicable county agencies shall cooperate by providing any necessary information to the state public defender.

AB150-engrossed, s. 7290t Section 7290t. 978.045 (2) (a) of the statutes is amended to read:

AB150-engrossed,2490,19 978.045 (2) (a) The court shall fix the amount of compensation for any attorney appointed as a special prosecutor under sub. (1r) according to the rates specified in s. 977.08 (4m) (b).

AB150-engrossed, s. 7291 Section 7291. 978.05 (4m) of the statutes is amended to read:

AB150-engrossed,2490,23 978.05 (4m) Welfare fraud investigations. Cooperate with the department of health and social services industry, labor and human relations regarding the fraud investigation program under s. 49.197 (1m).

AB150-engrossed, s. 7292 Section 7292. 978.05 (6) (b) of the statutes is amended to read:

AB150-engrossed,2491,3 978.05 (6) (b) Enforce the provisions of all general orders of the department of industry, labor and human relations development relating to the sale, transportation and storage of explosives.

AB150-engrossed, s. 7292m Section 7292m. 978.06 (6) of the statutes is amended to read:

AB150-engrossed,2491,7 978.06 (6) No district attorney, deputy district attorney or assistant district attorney may appear in a civil action or proceeding under s. 46.25 73.25 (7), 59.07 (97), 767.075, 767.08 or 767.45 or ch. 769.

AB150-engrossed, s. 7293 Section 7293. 978.07 (1) (a) of the statutes is amended to read:

AB150-engrossed,2491,11 978.07 (1) (a) Any district attorney record, after it has first been microfilmed or transferred to optical disk or electronic storage and preserved in accordance with s. 16.61.

AB150-engrossed, s. 7293g Section 7293g. 978.13 (1) (b) of the statutes is amended to read:

AB150-engrossed,2491,21 978.13 (1) (b) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving felony violations under ch. 161. The state treasurer shall pay the amount authorized under this paragraph to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration from the appropriation under s. 20.475 (1) (h) (i). The amount paid under this paragraph may not exceed $61,100 $65,800 in the 1993-94 1995-96 fiscal year and $63,600 $68,100 in the 1994-95 1996-97 fiscal year.

AB150-engrossed, s. 7293h Section 7293h. 978.13 (1) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-engrossed,2492,6 978.13 (1) (b) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving felony violations under ch. 161. The state treasurer secretary of administration shall pay the amount authorized under this paragraph to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration from the appropriation under s. 20.475 (1) (i). The amount paid under this paragraph may not exceed $65,800 in the 1995-96 fiscal year and $68,100 in the 1996-97 fiscal year.

AB150-engrossed, s. 7293i Section 7293i. 978.13 (1) (c) of the statutes is amended to read:

AB150-engrossed,2492,17 978.13 (1) (c) In counties having a population of 500,000 or more, the salary and fringe benefit costs of clerk positions in the district attorney's office necessary for the prosecution of violent crime cases primarily involving felony violations under s. 939.63, if a felony is committed while armed, and under ss. 940.01 to 940.03, 940.05, 940.06, 940.225, 943.23 (1g), (1m) and (1r) and 943.32 (2). The state treasurer shall pay the amount authorized under this paragraph to the county treasurer pursuant to a voucher submitted by the district attorney to the secretary of administration from the appropriation under s. 20.475 (1) (c) (i). The amount paid under this paragraph may not exceed $76,800 $82,600 in the 1993-94 1995-96 fiscal year and $79,800 $85,500 in the 1994-95 1996-97 fiscal year.

AB150-engrossed, s. 7293j Section 7293j. 978.13 (1) (c) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-engrossed,2493,4 978.13 (1) (c) In counties having a population of 500,000 or more, the salary and fringe benefit costs of clerk positions in the district attorney's office necessary for the prosecution of violent crime cases primarily involving felony violations under s. 939.63, if a felony is committed while armed, and under ss. 940.01 to 940.03, 940.05, 940.06, 940.225, 943.23 (1g), (1m) and (1r) and 943.32 (2). The state treasurer secretary of administration shall pay the amount authorized under this paragraph to the county treasurer pursuant to a voucher submitted by the district attorney to the secretary of administration from the appropriation under s. 20.475 (1) (i). The amount paid under this paragraph may not exceed $82,600 in the 1995-96 fiscal year and $85,500 in the 1996-97 fiscal year.

AB150-engrossed, s. 7294 Section 7294. 990.01 (3) of the statutes is amended to read:

AB150-engrossed,2493,9 990.01 (3) Adult. An adult is "Adult" means a person who has attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated any state or federal criminal law, "adult" means a person who has attained the age of 17 years.

AB150-engrossed, s. 7295 Section 7295. 990.01 (20) of the statutes is amended to read:

AB150-engrossed,2493,14 990.01 (20) Minor. A minor is "Minor" means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, "minor" does not include a person who has attained the age of 17 years.

AB150-engrossed, s. 7296b Section 7296b. 992.06 (2) of the statutes is amended to read:

AB150-engrossed,2494,12 992.06 (2) Whenever in the organization of corporations under chapter 146, laws of 1872, articles of association were made and adopted and signed by the persons forming such corporation, and there may have been a failure to make and record a verified copy thereof in the office of the register of deeds of the county in which such corporation is located, and such association, organization or corporation has in good faith carried on business and acted as a corporation for 25 years or more, such failure to make and record a verified copy of the articles of association shall not affect the validity of the corporation, but the same shall be a body corporate from and after the date of the making, adopting and signing of the articles of association, the same as though a verified copy had been duly made and recorded in the office of the register of deeds. Whenever any such corporation shall in good faith have attempted to change its corporate name, and shall in good faith have carried on and conducted its business under such changed name for a period of 25 years or more, and shall record its original articles of incorporation, or the copy thereof, with the register of deeds, of the county in which such corporation has its principal office, and in case the said original articles of incorporation, or a copy thereof, cannot be obtained, a certificate from the secretary of state department of financial institutions showing that no such articles nor a copy thereof can be found in the office of the secretary of state records of the department of financial institutions, its acts, doings and proceedings heretofore done or which shall hereafter be done in or under such changed name shall be as valid and binding and as good in law as though done in or under the name contained in its original articles of association.

AB150-engrossed, s. 7297b Section 7297b. 992.06 (3) of the statutes is amended to read:

AB150-engrossed,2494,20 992.06 (3) All transfers of real estate heretofore made to corporations, organized under the laws of this state, executed, delivered, filed and recorded between the date of the filing of the articles of organization in the office of the secretary of state with the department of financial institutions and the date of the filing of a certified copy of said articles in the office of the register of deeds in the county wherein said corporation has its principal place of business, are hereby legalized, ratified, confirmed and validated.

AB150-engrossed, s. 7298d Section 7298d. 1993 Wisconsin Act 16, section 2207aim is repealed.

AB150-engrossed, s. 7298e Section 7298e. 1993 Wisconsin Act 16, section 2207ain is repealed.

AB150-engrossed, s. 7298f Section 7298f. 1993 Wisconsin Act 16, section 2207aio is repealed.

AB150-engrossed, s. 7298g Section 7298g. 1993 Wisconsin Act 16, section 2207aip is repealed.

AB150-engrossed, s. 7298h Section 7298h. 1993 Wisconsin Act 16, section 2207air is repealed.

AB150-engrossed, s. 7298i Section 7298i. 1993 Wisconsin Act 16, section 2213h is repealed.

AB150-engrossed, s. 7298j Section 7298j. 1993 Wisconsin Act 16, section 2213i is repealed.

AB150-engrossed, s. 7298k Section 7298k. 1993 Wisconsin Act 16, section 2213r is repealed.

AB150-engrossed, s. 7298L Section 7298L. 1993 Wisconsin Act 16, section 2213s is repealed.

AB150-engrossed, s. 7298q Section 7298q. 1993 Wisconsin Act 16, section 9120 (2xx) is repealed.

AB150-engrossed, s. 7299 Section 7299. 1993 Wisconsin Act 16, section 9126 (15v) is renumbered 49.45 (6s) of the statutes and amended to read:

AB150-engrossed,2495,21 49.45 (6s) Supplemental payments to county homes. Notwithstanding section 49.45 sub. (6m) of the statutes, as affected by this act, the department of health and social services shall, from the appropriation under section s. 20.435 (1) (o) of the statutes, distribute not more than $20,000,000 in fiscal year 1993-94 1995-96 and not more than $20,000,000 in fiscal year 1994-95 1996-97, to provide supplemental payments for care to recipients of medical assistance provided in county homes established under section s. 49.14 (1) of the statutes, except that the department shall also distribute for this same purpose from the appropriation under s. 20.435 (1) (o) any additional federal medical assistance funds that were not anticipated before enactment of the biennial budget act or other legislation affecting s. 20.435 (1) (o), were not used to fund nursing home rate increases under sub. (6m) (ag) 8. and are matched by county funds under sub. (6u) (b) 2. and certified under sub. (6u) (b) 2m. The total amount certified under sub. (6u) (b) 2m. and under this subsection may not exceed 100% of otherwise-unreimbursed care.

AB150-engrossed, s. 7299m Section 7299m. 1993 Wisconsin Act 16, section 9145 (1t) (a) is renumbered 119.55 (1) (a) of the statutes and amended to read:

AB150-engrossed,2496,5 119.55 (1) (a) Notwithstanding section 118.16 (4) (c) of the statutes, as created by this act, the The board of school directors of the Milwaukee public schools shall establish one or more youth service centers for the counseling of children who are taken into custody under section s. 48.19 (1) (d) 9. or 10 of the statutes, as created by this act,. for being absent from school without an acceptable excuse under section s. 118.15 of the statutes, as affected by this act. The board shall contract with the boys and girls clubs of Greater Milwaukee for the operation of the centers.

AB150-engrossed, s. 7300 Section 7300. 1993 Wisconsin Act 16, section 9145 (1t) (b) 2. (intro.) and (c) are amended to read:

AB150-engrossed,2496,13 [1993 Wisconsin Act 16] Section 9145 (1t) (b) 2. (intro.) From the appropriation under section 20.255 (2) (ed) of the statutes, as created by this act, the state superintendent of public instruction shall provide to the city of Milwaukee $193,000 in the 1993-94 fiscal year and $193,000 in the 1994-95 1995-96 fiscal year to pay the costs of salaries and fringe benefits for not more than 4 law enforcement officers, subject to the following restrictions: