JR2 AB1: Bill Text

This bill adopts, for income tax and franchise tax purposes, the changes to the federal Internal Revenue Code made by Public Laws 106-200; 106-230; 106-519; 106-554; 106-573; 107-15; 107-16, excluding the section related to a deduction for higher education expenses; and 107-22.

transportation

This bill transfers $4,333,600 in fiscal year 2001-02 and $6,190,900 in fiscal year 2002-03 from the transportation fund to the general fund.

Veterans and military affairs

Under current law, DMA administers the Youth Challenge Program, which is a residential program that enables disadvantaged youth to obtain a high school equivalency diploma. This bill eliminates the Youth Challenge Program effective July 1, 2002.

This bill appropriates moneys from the utility public benefits fund for paying a portion of the energy costs of DMA in fiscal year 2002-03. The bill also prohibits DMA from spending a portion of its general purpose revenue funding for energy costs in fiscal year 2002-03 without the approval of the secretary of administration.

This bill will be referred to the joint survey committee on tax exemptions for a detailed analysis, which will be printed as an appendix to this bill.

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:

AB1, s. 1 Section 1. 6.18 of the statutes is amended to read:

AB1,25,7 6.18 Former residents. If ineligible to qualify as an elector in the state to which the elector has moved, any former qualified Wisconsin elector may vote an absentee ballot in the ward of the elector's prior residence in any presidential election occurring within 24 months after leaving Wisconsin by requesting an application form and returning it, properly executed, to the municipal clerk of the elector's prior Wisconsin residence. When requesting an application form for an absentee ballot, the applicant shall specify the applicant's eligibility for only the presidential ballot. The application form shall require the following information and be in substantially the following form:

AB1,25,11 This blank shall be returned to the municipal clerk's office. Application must be received in sufficient time for ballots to be mailed and returned prior to any presidential election at which applicant wishes to vote. Complete all statements in full.

AB1,25,12 APPLICATION FOR PRESIDENTIAL

AB1,25,13 ELECTOR'S ABSENT BALLOT.

AB1,25,14 (To be voted at the Presidential Election

AB1,25,15 on November ...., .... (year)

AB1,25,24 I, .... hereby swear or affirm that I am a citizen of the United States, formerly residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County of .... for 10 days prior to leaving the State of Wisconsin. I, .... do solemnly swear or affirm that I do not qualify to register or vote under the laws of the State of ....(State you now reside in) where I am presently residing. A citizen must be a resident of: State ....(Insert time) County ....(Insert time) City, Town or Village ....(Insert time), in order to be eligible to register or vote therein. I further swear or affirm that my legal residence was established in the State of ....(the State where you now reside) on .... Month .... Day .... Year.

AB1,25,25 Signed ....

AB1,26,1 Address ....(Present address)

AB1,26,2 ....(City) ....(State)

AB1,26,3 Subscribed and sworn to before me this .... day of .... .... (year)

AB1,26,4 ....(Notary Public, or other officer authorized to administer oaths.)

AB1,26,5 ....(County)

AB1,26,6 My Commission expires

AB1,26,7 MAIL BALLOT TO:

AB1,26,8 NAME ....

AB1,26,9 ADDRESS ....

AB1,26,10 CITY .... STATE .... ZIP CODE ....

AB1,26,15 Penalties for Violations. Whoever swears falsely to any absent elector affidavit under this section may be fined not more than $1,000 or imprisoned for not more than 6 months, or both. Whoever intentionally votes more than once in an election may be fined not more than $10,000 or imprisoned for not more than 3 years, and 6 months or both.

AB1,26,16 ....(Municipal Clerk)

AB1,26,17 ....(Municipality)

AB1, s. 2 Section 2. 11.61 (1) (a) of the statutes is amended to read:

AB1,26,22 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or 11.24 (1) may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both is guilty of a Class I felony.

AB1, s. 3 Section 3. 11.61 (1) (b) of the statutes is amended to read:

AB1,27,3 11.61 (1) (b) Whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1) or 11.38 where is guilty of a Class I felony if the intentional violation does not involve a specific figure, or where if the intentional violation concerns a figure which exceeds $100 in amount or value may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both.

AB1, s. 4 Section 4. 12.60 (1) (a) of the statutes is amended to read:

AB1,27,7 12.60 (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) (b) 1. to 7. or (3) (a), (e), (f), (j), (k), (L), (m), (y) or (z) may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both is guilty of a Class I felony.

AB1, s. 5 Section 5. 13.05 of the statutes is amended to read:

AB1,27,20 13.05 Logrolling prohibited. Any member of the legislature who gives, offers or promises to give his or her vote or influence in favor of or against any measure or proposition pending or proposed to be introduced, in the legislature in consideration or upon condition that any other person elected to the same legislature will give or will promise or agree to give his or her vote or influence in favor of or against any other measure or proposition pending or proposed to be introduced in such legislature, or who gives, offers or promises to give his or her vote or influence for or against any measure on condition that any other member will give his or her vote or influence in favor of any change in any other bill pending or proposed to be introduced in the legislature may be fined not less than $500 nor more than $1,000 or imprisoned for not less than one year nor more than 4 years and 6 months or both, is guilty of a Class I felony.

AB1, s. 6 Section 6. 13.06 of the statutes is amended to read:

AB1,28,8 13.06 Executive favor. Any member of the legislature who gives, offers or promises to give his or her vote or influence in favor of or against any measure or proposition pending or proposed to be introduced in the legislature, or that has already been passed by either house of the legislature, in consideration of or on condition that the governor approve, disapprove, veto or sign, or agree to approve, disapprove, veto or sign, any other measure or proposition pending or proposed to be introduced in the legislature or that has already been passed by the legislature, or either house thereof, or in consideration or upon condition that the governor nominate for appointment or appoint or remove any person to or from any office or position under the laws of this state, may be fined not less than $500 nor more than $1,000 or imprisoned for not less than one year nor more than 3 years or both is guilty of a Class I felony.

AB1, s. 7 Section 7. 13.093 (2) (a) and (b) of the statutes are amended to read:

AB1,29,6 13.093 (2) (a) Any bill making an appropriation and any bill increasing or decreasing existing appropriations or state or general local government fiscal liability or revenues or having an economic impact on a private person or a political subdivision of this state shall, before any vote is taken thereon by either house of the legislature if the bill is not referred to a standing committee, or before any public hearing is held before any standing committee or, if no public hearing is held, before any vote is taken by the committee, incorporate a reliable estimate of the anticipated change in appropriation authority or state or general local government fiscal liability or revenues and a reliable estimate of the anticipated economic impact on a private person or a political subdivision of this state under the bill, including to the extent possible a projection of such changes in future biennia. For purposes of this paragraph, a bill increasing or decreasing the liability or revenues of the unemployment reserve fund is considered to increase or decrease state fiscal liability or revenues. Except as otherwise provided by joint rules of the legislature, such estimates shall be made by the department or agency administering the appropriation or fund or collecting the revenue or administering the law creating the economic impact. The joint survey committee on retirement systems shall prepare the fiscal estimate with respect to the provisions of any bill referred to it which create or modify any system for, or make any provision for, the retirement of or payment of pensions to public officers or employees. When a fiscal estimate or economic impact estimate is prepared after the bill has been introduced, it shall be printed and distributed as are amendments.

AB1,29,14 (b) Executive budget bills introduced under s. 16.47 (1) are exempt from the fiscal estimate requirement under par. (a) but shall, if they contain a provision affecting a public retirement fund or providing a tax exemption, be analyzed as to those provisions by the respective joint survey committee. If such a bill contains a provision providing a tax exemption, the bill shall be simultaneously referred to the joint survey committee on tax exemptions and the joint committee on finance. The report of the joint survey committee on tax exemptions shall be prepared within 60 days of introduction for bills introduced under s. 16.47 (1).

AB1, s. 8 Section 8. 13.525 of the statutes is created to read:

AB1,29,18 13.525 Joint review committee on criminal penalties. (1) Creation. There is created a joint review committee on criminal penalties composed of the following members:

AB1,29,21 (a) One majority party member and one minority party member from each house of the legislature, appointed as are the members of standing committees in their respective houses.

AB1,29,22 (b) The attorney general or his or her designee.

AB1,29,23 (c) The secretary of corrections or his or her designee.

AB1,29,24 (d) The state public defender or his or her designee.

AB1,30,3 (e) A reserve judge who resides in the 1st, 2nd, 3rd, 4th, or 5th judicial administrative district and a reserve judge who resides in the 6th, 7th, 8th, 9th, or 10th judicial administrative district, appointed by the supreme court.

AB1,30,6 (f) Two members of the public appointed by the governor, one of whom shall have law enforcement experience in this state and one of whom shall be an elected county official.

AB1,30,9 (2) Officers. The majority party senator and the majority party representative to the assembly shall be cochairpersons of the committee. The committee shall elect a secretary from among its nonlegislator members.

AB1,30,11 (3) Judicial and gubernatorial appointees. Members appointed under sub. (1) (e) or (f) shall serve at the pleasure of the authority appointing them.

AB1,30,14 (4) Eligibility. A member shall cease to be a member upon losing the status upon which the appointment is based. Membership on the committee shall not be incompatible with any other public office.

AB1,30,22 (5) Review of legislation relating to crimes. (a) If any bill that is introduced in either house of the legislature proposes to create a new crime or revise a penalty for an existing crime and the bill is referred to a standing committee of the house in which it is introduced, the chairperson may request the joint review committee to prepare a report on the bill under par. (b). If the bill is not referred to a standing committee, the speaker of the assembly, if the bill is introduced in the assembly, or the presiding officer of the senate, if the bill is introduced in the senate, may request the joint review committee to prepare a report on the bill under par. (b).

AB1,30,25 (b) If the joint review committee receives a request under par. (a) for a report on a bill that proposes to create a new crime or revise a penalty for an existing crime, the committee shall prepare a report concerning all of the following:

AB1,31,3 1. The costs that are likely to be incurred or saved by the department of corrections, the department of justice, the state public defender, the courts, district attorneys, and other state and local government agencies if the bill is enacted.

AB1,31,5 2. The consistency of penalties proposed in the bill with existing criminal penalties.

AB1,31,7 3. Alternative language needed, if any, to conform penalties proposed in the bill to penalties in existing criminal statutes.

AB1,31,9 4. Whether acts prohibited under the bill are prohibited under existing criminal statutes.

AB1,31,13 (c) The chief clerk shall print a report prepared by the committee under par. (b) as an appendix to the bill and attach it thereto as are amendments. The reproduction shall be in lieu of inclusion in the daily journal of the house in which the proposal is introduced.

AB1,31,19 (d) If a bill that is introduced in either house of the legislature proposes to create a new crime or revise a penalty for an existing crime, a standing committee to which the bill is referred may not vote on whether to recommend the bill for passage and the bill may not be passed by the house in which it is introduced before the joint review committee submits a report under par. (b) or before the 30th day after a report is requested under par. (a), whichever is earlier.

AB1,32,2 (5m) Recommendations regarding sentence modifications. (a) No later than the first day of the 6th month beginning after the effective date of this paragraph .... [revisor inserts date], the committee shall submit a report to the legislature, in the manner provided under s. 13.172 (2), and to the governor containing recommendations regarding standards and procedures to be used by a court to modify a bifurcated sentence. The report shall include any proposed legislation that is necessary to implement the recommendations made by the committee in its report.

AB1,32,7 (b) Any proposed legislation included in the report under par. (a) shall provide that a bifurcated sentence that a court previously imposed may be modified only by reducing the term of confinement in prison portion of the sentence and lengthening the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change.

AB1,32,12 (6) Committee powers and procedures. The committee may hold hearings as needed to elicit information for making a report under sub. (5) (b) or (5m) (a) or for developing proposed legislation under sub. (5m) (a). The committee shall meet at the call of its cochairpersons. All actions of the committee require the approval of a majority of all of its members.

AB1, s. 9 Section 9. 13.525 (5m) of the statutes, as created by 2001 Wisconsin Act .... (this act), is repealed.

AB1, s. 10 Section 10. 13.69 (6m) of the statutes is amended to read:

AB1,32,20 13.69 (6m) Any principal, lobbyist or other individual acting on behalf of a principal who files a statement under s. 13.63 (1), 13.64, 13.65, 13.67 or 13.68 which he or she does not believe to be true may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1, s. 11 Section 11. 13.95 (1) (h) of the statutes is created to read:

AB1,33,2 13.95 (1) (h) In each even-numbered year, no later than January 31, prepare an estimate of general purpose revenue receipts and expenditures for the current fiscal biennium. The legislative fiscal bureau shall submit a copy of the estimate to the governor, the secretary of administration, the co-chairpersons of the joint committee on finance, and the presiding officer of each house of the legislature.

AB1, s. 12 Section 12. 14.21 of the statutes is created to read:

AB1,33,8 14.21 Domestic security. The governor may designate an employee of the office of the governor to serve as domestic security coordinator. The domestic security coordinator shall, upon direction of the governor, advise and assist in carrying out the functions of the governor with respect to coordination of the state's security and public safety needs.

AB1, s. 13 Section 13. 15.01 (2) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,33,21 15.01 (2) "Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the Wisconsin waterways commission which shall consist of 5 members, the parole commission which shall consist of 8 members, and the Fox River management commission which shall consist of 7 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a "commission", but is not a commission for purposes of s. 15.06. The parole commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06. The sentencing commission created under s. 15.105 (27) shall be known as a "commission" but is not a commission for purposes of s. 15.06 (1) to (4m), (7), and (9).

AB1, s. 14 Section 14. 15.105 (27) of the statutes is created to read:

AB1,33,25 15.105 (27) Sentencing commission. (a) Creation; membership. There is created a sentencing commission that is attached to the department of administration under s. 15.03 and that shall consist of the following members:

AB1,34,1 1. The attorney general or his or her designee.

AB1,34,2 2. The state public defender or his or her designee.

AB1,34,4 3. Seven members, at least 2 of whom are not employed by any unit of federal, state, or local government, appointed by the governor.

AB1,34,7 4. One majority party member and one minority party member from each house of the legislature, appointed as are the members of standing committees in their respective houses.

AB1,34,8 5. Two circuit judges, appointed by the supreme court.

AB1,34,10 6. One representative of crime victims and one district attorney, each appointed by the attorney general.

AB1,34,12 7. One attorney in private practice engaged primarily in the practice of criminal defense, appointed by the criminal law section of the State Bar of Wisconsin.

AB1,34,15 (b) Nonvoting members. The secretary of corrections or his or her designee, the chairperson of the parole commission or his or her designee, and the director of state courts or his or her designee shall be nonvoting members of the commission.

AB1,34,17 (c) Terms. 1. Except as provided in subd. 2., members appointed under par. (a) 3. and 5. to 7. shall serve 3-year terms and are eligible for reappointment.

AB1,34,20 2. The term of a circuit judge appointed under par. (a) 5. shall end when such person ceases to be a circuit judge. The term of a district attorney appointed under par. (a) 6. shall end when such person ceases to be a district attorney.