AB746: Bill Text

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2007 - 2008 LEGISLATURE

2007 Assembly BILL 746

February 4, 2008 - Introduced by Representatives Friske, Grigsby, Kessler, Jeskewitz, Bies, Boyle, Townsend, Berceau, Sherman, Turner, Sinicki, Ballweg, Seidel, Parisi, A. Williams, Fields, Young, Schneider, Staskunas, Toles and Soletski, cosponsored by Senators Erpenbach, Taylor, Vinehout, Breske, Miller and Sullivan. Referred to Committee on Criminal Justice.

AB746,2,5 An Act to amend 46.215 (2) (c) 3., 46.22 (1) (e) 3. c., 48.02 (1d), 48.02 (2), 48.366 (8), subchapter IX (title) of chapter 48 [precedes 48.44], 48.44 (title), 48.44 (1), 48.45 (1) (a), 48.45 (1) (am), 48.45 (3), 49.45 (6m) (br) 1., 77.52 (1), 77.52 (17m) (f) 2., 77.53 (1), 77.61 (4) (c), 118.163 (4), 125.07 (4) (d), 125.07 (4) (e) 1., 125.085 (3) (bt), 165.83 (1) (c) 1., 165.83 (1) (c) 2., 301.12 (2m), 301.12 (14) (a), 301.26 (3) (c), 301.26 (3) (em), 301.26 (4) (a), 301.26 (6) (a), 302.31 (7), 938.02 (1), 938.02 (10m), 938.12 (2), 938.18 (2), 938.183 (3), 938.255 (1) (intro.), 938.344 (3), 938.35 (1m), 938.355 (4) (b), 938.355 (4m) (a), 938.39, subchapter IX (title) of chapter 938 [precedes 938.44], 938.44, 938.45 (1) (a), 938.45 (3), 938.48 (4m) (a), 938.48 (4m) (b), 938.48 (14), 938.57 (3) (a) 1., 938.57 (3) (a) 3., 938.57 (3) (b), 946.50 (intro.), 948.01 (1), 948.11 (2) (am) (intro.), 948.45 (1), 948.60 (2) (d), 948.61 (4), 961.455 (1), 961.46, 961.573 (2), 961.574 (2), 961.575 (1), 961.575 (2), 961.575 (3), 990.01 (3) and 990.01 (20); to repeal and recreate 49.45 (6m) (br) 1., 938.57 (3) (a) 3. and 938.57 (3) (b); and to create 20.410 (3) (h), 77.51 (24), 77.51 (25), 77.52 (1d) and 77.53 (1d) of the statutes; relating to: the age at which a person who is alleged to have violated a criminal law, a civil law, or a municipal ordinance is subject to circuit court or municipal court rather than juvenile court jurisdiction, imposing a fee on the sale of video games and video gaming devices, and making an appropriation.

Analysis by the Legislative Reference Bureau

Under current law, a person 17 years of age or older who is alleged to have violated a criminal law is subject to the procedures specified in the Criminal Procedure Code and, on conviction, is subject to sentencing under the Criminal Code, which may include a sentence of imprisonment in the Wisconsin state prisons. Currently, subject to certain exceptions, a person under 17 years of age who is alleged to have violated a criminal law is subject to the procedures specified in the Juvenile Justice Code and, on being adjudicated delinquent, is subject to an array of dispositions under that code including placement in a juvenile correctional facility. This bill raises from 17 to 18 the age at which a person who is alleged to have violated a criminal law is subject to the procedures specified in the Criminal Procedure Code and, on conviction, to sentencing under the Criminal Code.

Similarly, under current law, a person 17 years of age or older who is alleged to have violated a civil law or municipal ordinance is subject to the jurisdiction and procedures of the circuit court or, if applicable, the municipal court, while a person under 17 years of age who is alleged to have violated a civil law or municipal ordinance, subject to certain exceptions, is subject to the jurisdiction and procedures of the court assigned to exercise jurisdiction under the Juvenile Justice Code. This bill raises from 17 to 18 the age at which a person who is alleged to have violated a civil law or municipal ordinance is subject to the jurisdiction and procedures of the circuit court or, if applicable, the municipal court.

Under current law, the state imposes a sales and use tax at the rate of 5 percent of the gross receipts on the sale of tangible personal property, including video games, and on the sale of certain services. Under the bill, the state imposes an additional fee on the sale of video games and video gaming devices at the rate of 1 percent of the gross receipts from such sales. This bill appropriates all moneys received from the fee to the Department of Corrections (DOC) and requires DOC to allocate those moneys to counties to pay for state-provided juvenile correctional services and local delinquency-related and juvenile justice services.

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:

AB746, s. 1 Section 1. 20.410 (3) (h) of the statutes is created to read:

AB746,3,12 20.410 (3) (h) Video games fee; community youth and family aids. All moneys received from the fees imposed under ss. 77.52 (1d) and 77.53 (1d) for the improvement and provision of juvenile delinquency-related services under s. 301.26 and for reimbursement to counties having a population of less than 500,000 for the cost of court attached intake services as provided in s. 938.06 (4). Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department of corrections may transfer moneys under this paragraph between fiscal years. Except for moneys authorized for transfer under s. 301.26 (3), all moneys from this paragraph allocated under s. 301.26 (3) and not spent or encumbered by counties by December 31 of each year shall lapse into the county aid fund on the succeeding January 1. The joint committee on finance may transfer additional moneys to the next calendar year.

AB746, s. 2 Section 2. 46.215 (2) (c) 3. of the statutes is amended to read:

AB746,4,2 46.215 (2) (c) 3. A county department of social services shall develop, under the requirements of s. 301.08 (2), plans and contracts for juvenile delinquency-related care and services to be purchased. The department of corrections may review the contracts and approve them if they are consistent with s. 301.08 (2) and if state or federal funds are available for such purposes. The joint committee on finance may require the department of corrections to submit the contracts to the committee for review and approval. The department of corrections may not make any payments to a county for programs included in a contract under review by the committee. The department of corrections shall reimburse each county for the contracts from the appropriations under s. 20.410 (3) (cd), (h), and (ko) as appropriate.

AB746, s. 3 Section 3. 46.22 (1) (e) 3. c. of the statutes is amended to read:

AB746,4,14 46.22 (1) (e) 3. c. A county department of social services shall develop, under the requirements of s. 301.08 (2), plans and contracts for juvenile delinquency-related care and services to be purchased. The department of corrections may review the contracts and approve them if they are consistent with s. 301.08 (2) and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of corrections to submit the contracts to the committee for review and approval. The department of corrections may not make any payments to a county for programs included in the contract that is under review by the committee. The department of corrections shall reimburse each county for the contracts from the appropriations under s. 20.410 (3) (cd), (h), and (ko) as appropriate.

AB746, s. 4 Section 4. 48.02 (1d) of the statutes is amended to read:

AB746,4,19 48.02 (1d) "Adult" means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, "adult" means a person who has attained 17 years of age.

AB746, s. 5 Section 5. 48.02 (2) of the statutes is amended to read:

AB746,4,24 48.02 (2) "Child" means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, "child" does not include a person who has attained 17 years of age.

AB746, s. 6 Section 6. 48.366 (8) of the statutes is amended to read:

AB746,5,13 48.366 (8) Transfer to or between facilities. The department of corrections may transfer a person subject to an order between juvenile correctional facilities. After the person attains the age of 17 18 years, the department of corrections may place the person in a state prison named in s. 302.01, except that the department of corrections may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). If the department of corrections places a person subject to an order under this section in a state prison, that department shall provide services for that person from the appropriate appropriation under s. 20.410 (1). The department of corrections may transfer a person placed in a state prison under this subsection to or between state prisons named in s. 302.01 without petitioning for revision of the order under sub. (5) (a), except that the department of corrections may not transfer any person under the age of 18 years to the correctional institution authorized in s. 301.16 (1n).

AB746, s. 7 Section 7. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes is amended to read:

AB746,5,16 CHAPTER 48

AB746,5,18 SUBCHAPTER IX JURISDICTION OVER PERSON 17 18 OR OLDER

AB746, s. 8 Section 8. 48.44 (title) of the statutes is amended to read:

AB746,5,20 48.44 (title) Jurisdiction over persons 17 18 or older.

AB746, s. 9 Section 9. 48.44 (1) of the statutes is amended to read:

AB746,5,24 48.44 (1) The court has jurisdiction over persons 17 18 years of age or older as provided under ss. 48.133, 48.355 (4), and 48.45 and as otherwise specifically provided in this chapter.

AB746, s. 10 Section 10. 48.45 (1) (a) of the statutes is amended to read:

AB746,6,8 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition described in s. 48.13 it appears that any person 17 18 years of age or older has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the child, the judge may make orders with respect to the conduct of such that person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how, and from where funds for the maintenance or care shall be paid.

AB746, s. 11 Section 11. 48.45 (1) (am) of the statutes is amended to read:

AB746,6,16 48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn child's expectant mother alleged to be in a condition described in s. 48.133 it appears that any person 17 18 years of age or over has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the unborn child and expectant mother, the judge may make orders with respect to the conduct of such that person in his or her relationship to the unborn child and expectant mother.

AB746, s. 12 Section 12. 48.45 (3) of the statutes is amended to read:

AB746,6,22 48.45 (3) If it appears at a court hearing that any person 17 18 years of age or older has violated s. 948.40, the judge shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the judge to the district attorney, as in other criminal cases.

AB746, s. 13 Section 13. 49.45 (6m) (br) 1. of the statutes is amended to read:

AB746,7,7 49.45 (6m) (br) 1. Notwithstanding s. 20.410 (3) (cd), (h), or (ko), 20.435 (4) (bt) or (7) (b), or 20.445 (3) (dz), the department shall reduce allocations of funds to counties in the amount of the disallowance from the appropriation account under s. 20.435 (4) (bt) or (7) (b), or the department shall direct the department of workforce development to reduce allocations of funds to counties or Wisconsin works agencies in the amount of the disallowance from the appropriation account under s. 20.445 (3) (dz) or direct the department of corrections to reduce allocations of funds to counties in the amount of the disallowance from the appropriation account under s. 20.410 (3) (cd), (h), or (ko) in accordance with s. 16.544 to the extent applicable.

AB746, s. 14 Section 14. 49.45 (6m) (br) 1. of the statutes, as affected by 2007 Wisconsin Acts 20 and .... (this act), is repealed and recreated to read:

AB746,7,18 49.45 (6m) (br) 1. Notwithstanding s. 20.410 (3) (cd), (h), or (ko), 20.435 (4) (bt) or (7) (b), or 20.437 (2) (dz), the department shall reduce allocations of funds to counties in the amount of the disallowance from the appropriation account under s. 20.435 (4) (bt) or (7) (b), or the department shall direct the department of children and families to reduce allocations of funds to counties or Wisconsin Works agencies in the amount of the disallowance from the appropriation account under s. 20.437 (2) (dz) or direct the department of corrections to reduce allocations of funds to counties in the amount of the disallowance from the appropriation account under s. 20.410 (3) (cd), (h), or (ko) in accordance with s. 16.544 to the extent applicable.

AB746, s. 15 Section 15. 77.51 (24) of the statutes is created to read:

AB746,7,22 77.51 (24) "Video game" means any electronically operated game that involves manipulating images produced by a computer program on a visual display unit, including a computer monitor, a television, or a video gaming device.

AB746, s. 16 Section 16. 77.51 (25) of the statutes is created to read:

AB746,7,25 77.51 (25) "Video gaming device" means a video game console or handheld device that is used primarily for displaying video games.

AB746, s. 17 Section 17. 77.52 (1) of the statutes is amended to read:

AB746,8,7 77.52 (1) For Except as provided in sub. (1d), for the privilege of selling, leasing , or renting tangible personal property, including accessories, components, attachments, parts, supplies, and materials, at retail a tax is imposed upon all retailers at the rate of 5% of the gross receipts from the sale, lease , or rental of tangible personal property, including accessories, components, attachments, parts, supplies, and materials, sold, leased, or rented at retail in this state.

AB746, s. 18 Section 18. 77.52 (1d) of the statutes is created to read:

AB746,8,14 77.52 (1d) In addition to the tax imposed on sub. (1), a fee is imposed upon all retailers at the rate of 1 percent of the gross receipts from the sale, lease, or rental of video games and video gaming devices, including accessories, components, attachments, parts, and supplies that are sold, leased, or rented at retail in this state. All moneys from the fee imposed under this subsection shall be credited to the appropriation under s. 20.410 (3) (h).

AB746, s. 19 Section 19. 77.52 (17m) (f) 2. of the statutes is amended to read:

AB746,8,21 77.52 (17m) (f) 2. Maintain accounting records that show the tax or fee under ss. 77.52 (1), (1d), and (2) and 77.53 (3) paid on each purchase during each reporting period under s. 77.58 and the total tax or fee paid during each reporting period, pay the tax or fee under ss. 77.52 (1), (1d), and (2) and 77.53 (3) on either all or none of the purchases made from each retailer during each reporting period and pay the tax under s. 77.53 (1) to the department on all of the purchases for which the tax is due.

AB746, s. 20 Section 20. 77.53 (1) of the statutes is amended to read:

AB746,9,6 77.53 (1) Except as provided in sub. subs. (1d) and (1m), an excise tax is levied and imposed on the use or consumption in this state of taxable services under s. 77.52 purchased from any retailer, at the rate of 5% of the sales price of those services; on the storage, use, or other consumption in this state of tangible personal property purchased from any retailer, at the rate of 5% of the sales price of that property; and on the storage, use, or other consumption of tangible personal property manufactured, processed, or otherwise altered, in or outside this state, by the person who stores, uses or consumes it, from material purchased from any retailer, at the rate of 5% of the sales price of that material.

AB746, s. 21 Section 21. 77.53 (1d) of the statutes is created to read:

AB746,9,12 77.53 (1d) In addition to the tax imposed under sub. (1), a fee is levied and imposed on the storage, use, or other consumption in this state of video games purchased from any retailer, at the rate of 1 percent of the sales price of such games. All moneys from the fee imposed under this subsection shall be credited to the appropriation under s. 20.410 (3) (h).

AB746, s. 22 Section 22. 77.61 (4) (c) of the statutes is amended to read:

AB746,9,24 77.61 (4) (c) For reporting the sales tax and the fee imposed under s. 77.52 (1d) and collecting and reporting the use tax imposed on the retailer under s. 77.53 (3) and the accounting connected with it, retailers may deduct 0.5% of those taxes payable or $10 for that reporting period required under s. 77.58 (1), whichever is greater, but not more than the amount of the sales taxes or use taxes that is payable under ss. 77.52 (1) and (1d) and 77.53 (3) for that reporting period required under s. 77.58 (1), as administration expenses if the payment of the taxes is not delinquent. For purposes of calculating the retailer's discount under this paragraph, the taxes on retail sales reported by retailers under subch. V, including taxes collected and remitted as required under s. 77.785, shall be included if the payment of those taxes is not delinquent.

AB746, s. 23 Section 23. 118.163 (4) of the statutes is amended to read:

AB746,10,2 118.163 (4) A person who is under 17 18 years of age on the date of disposition is subject to s. 938.342.

AB746, s. 24 Section 24. 125.07 (4) (d) of the statutes is amended to read:

AB746,10,7 125.07 (4) (d) A person who is under 17 18 years of age on the date of disposition is subject to s. 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 938.344 (3).

AB746, s. 25 Section 25. 125.07 (4) (e) 1. of the statutes is amended to read:

AB746,10,10 125.07 (4) (e) 1. In this paragraph, "defendant" means a person found guilty of violating par. (a) or (b) who is 17, 18, 19, or 20 years of age.

AB746, s. 26 Section 26. 125.085 (3) (bt) of the statutes is amended to read:

AB746,10,15 125.085 (3) (bt) A person who is under 17 18 years of age on the date of disposition is subject to s. 938.344 unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under s. 938.344 (3).

AB746, s. 27 Section 27. 165.83 (1) (c) 1. of the statutes is amended to read:

AB746,10,18 165.83 (1) (c) 1. An act that is committed by a person who has attained the age of 17 18 and that is a felony or a misdemeanor.

AB746, s. 28 Section 28. 165.83 (1) (c) 2. of the statutes is amended to read:

AB746,10,22 165.83 (1) (c) 2. An act that is committed by a person who has attained the age of 10 but who has not attained the age of 17 18 and that would be a felony or misdemeanor if committed by an adult.

AB746, s. 29 Section 29. 301.12 (2m) of the statutes is amended to read:

AB746,11,3 301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 18 years of age and older receiving care, maintenance, services, and supplies provided by prisons named in s. 302.01.

AB746, s. 30 Section 30. 301.12 (14) (a) of the statutes is amended to read:

AB746,11,15 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 18 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, child caring institutions, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules which that include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17 18, unless the liable person has prevented payment by any act or omission.

AB746, s. 31 Section 31. 301.26 (3) (c) of the statutes is amended to read:

AB746,11,19 301.26 (3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd), (h), and (ko), the department shall allocate funds to each county for services under this section.

AB746, s. 32 Section 32. 301.26 (3) (em) of the statutes is amended to read:

AB746,12,2 301.26 (3) (em) The department may carry forward any emergency funds allocated under sub. (7) (e) and not encumbered or carried forward under par. (dm) by December 31 to the next 2 calendar years. The department may transfer moneys from or within s. 20.410 (3) (cd), (h), and (ko) to accomplish this purpose. The department may allocate these transferred moneys to counties that are eligible for emergency payments under sub. (7) (e). The allocation does not affect a county's base allocation.

AB746, s. 33 Section 33. 301.26 (4) (a) of the statutes is amended to read:

AB746,12,15 301.26 (4) (a) Except as provided in pars. (c) and (cm), the department of corrections shall bill counties or deduct from the allocations under s. 20.410 (3) (cd), (h), and (ko) for the costs of care, services and supplies purchased or provided by the department of corrections for each person receiving services under s. 48.366, 938.183 or 938.34 or the department of health and family services for each person receiving services under s. 46.057 or 51.35 (3). The department of corrections may not bill a county for or deduct from a county's allocation the cost of care, services and supplies provided to a person subject to an order under s. 48.366 or 938.183 after the person reaches 18 years of age. Payment shall be due within 60 days after the billing date. If any payment has not been received within 60 days, the department of corrections may withhold aid payments in the amount due from the appropriation under s. 20.410 (3) (cd).

AB746, s. 34 Section 34. 301.26 (6) (a) of the statutes is amended to read:

AB746,12,20 301.26 (6) (a) The intent of this subsection is to develop criteria to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under s. 20.410 (3) (cd), (h), and (ko) for purposes described in this section.

AB746, s. 35 Section 35. 302.31 (7) of the statutes is amended to read: