AB40: Bill Text

AB40,2359 Section 2359. 973.09 (3) (bg) of the statutes is created to read:

AB40,1007,25 973.09 (3) (bg) 1. At least 90 days before the expiration date of a probationer's period of probation, the department shall notify the sentencing court and district attorney that a probationer owes an unpaid surcharge imposed under s. 973.045. Upon receiving notice from the department, the court shall schedule a probation review hearing to be held before the expiration date of the period of probation unless the probationer either pays the unpaid surcharge before the scheduled hearing date or voluntarily waives the hearing. A waiver of a probation review hearing under this paragraph must include an acknowledgment by the probationer that waiver may result in an extension of the probation period, a modification of the terms and conditions of probation, or a revocation of probation.

AB40,1008,4 2. If the court does not extend probation, the court shall issue a judgment for the unpaid surcharge and direct the clerk of circuit court to file and enter the judgment in the judgment and lien docket. The judgment has the same force and effect as judgments entered under s. 806.10.

AB40,1008,10 3. At a probation review hearing scheduled under subd. 1., the department has the burden of proving that the probationer owes an unpaid surcharge imposed under s. 973.045 and the amount of the unpaid surcharge. If the department proves by a preponderance of the evidence that the probationer owes an unpaid surcharge under s. 973.045, the court may, by order, extend the period of probation for a stated period or modify the terms and conditions of probation.

AB40,1008,17 4. If the court does not extend or modify the terms of probation under subd. 3., the court shall issue a judgment for the unpaid surcharge and direct the clerk of circuit court to file and enter the judgment in the judgment and lien docket without fee. If the court issues a judgment for the unpaid surcharge, the court shall send to the department a written notification that a civil judgment has been issued for the unpaid fees. The judgment has the same force and effect as judgments entered under s. 806.10.

AB40,2360 Section 2360. 973.155 (1m) of the statutes is amended to read:

AB40,1008,24 973.155 (1m) A convicted offender shall be given credit toward the service of his or her sentence for all days spent in custody as part of a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c) 165.95 (3), as determined by the office of justice assistance department of justice under s. 16.964 (12) (i) 165.95 (9) and (10), for any offense arising out of the course of conduct that led to the person's placement in that program.

AB40,2361 Section 2361. 980.063 (1) (b) of the statutes is amended to read:

AB40,1009,3 980.063 (1) (b) The results from deoxyribonucleic acid analysis of a specimen under par. (a) may be used only as authorized under s. 165.77 (3). The state crime laboratories shall destroy any such specimen in accordance with s. 165.77 (3).

AB40,2362 Section 2362. 980.063 (2) of the statutes is amended to read:

AB40,1009,9 980.063 (2) The department of justice shall promulgate rules providing for procedures for defendants to provide specimens Biological samples required under sub. (1) and for the transportation of those specimens to the state crime laboratories for analysis under s. 165.77 (a) shall be obtained and submitted as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB40,2363 Section 2363. 995.10 (1) (i) 1. d. of the statutes is created to read:

AB40,1009,14 995.10 (1) (i) 1. d. Owns an automated roll-your-own machine that is used to make cigarettes, not including an individual who owns a roll-your-own machine and uses the machine in his or her home solely to make cigarettes for his or her personal use or for the use of other individuals who live in his or her home.

AB40,2364 Section 2364. 2011 Wisconsin Act 32, section 9219 (1u) is amended to read:

AB40,1009,22 [2011 Wisconsin Act 32] Section 9219 (1u) Appropriation lapses and reestimates. The governor shall take actions during the 2011-13 and 2013-15 fiscal biennia fiscal biennium to ensure that from general purpose revenue appropriations to the office of the governor under section 20.525 of the statutes an amount equal to $582,200 is lapsed from sum certain appropriation accounts or is subtracted from the expenditure estimates for any other types of appropriations, or both, in each that fiscal biennium.

AB40,2365 Section 2365. 2011 Wisconsin Act 32, section 9255 (1) (b) is amended to read:

AB40,1010,13 [2011 Wisconsin Act 32] Section 9255 (1) (b) Notwithstanding section 20.001 (3) (a) to (c) of the statutes, but subject to paragraph (e), the secretary of administration shall lapse to the general fund from the unencumbered balances of general purpose revenue and program revenue appropriations to executive branch state agencies, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $174,300,000 in the 2011-13 fiscal biennium and $174,300,000 in the 2013-15 fiscal biennium. Before lapsing any moneys under this paragraph, the secretary shall develop a plan for lapsing the moneys and shall submit the plan to the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the secretary within 14 working days after the date of the submittal of the plan that the committee has scheduled a meeting to review the plan, the plan may be implemented by the secretary. If, within 14 days after the date of the submittal of the plan, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting to review the plan, moneys may be lapsed only after the plan has been approved by the committee.

AB40,2366 Section 2366. 2011 Wisconsin Act 212, section 13 (1) of the statutes is repealed.

AB40,9101 Section 9101. Nonstatutory provisions; Administration.

AB40,1010,17 (1) Transfer of office of justice assistance.

AB40,1011,5 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the office of justice assistance, except those that are primarily related to administering federal homeland security moneys, or to reintegrating American Indians who have been incarcerated, as determined by the department of administration become the assets and liabilities of the department of justice. On the effective date of this paragraph, the assets and liabilities of the office of justice assistance that are primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, become the assets and liabilities of the department of military affairs. On the effective date of this paragraph, the assets and liabilities of the office of justice assistance that are primarily related to the reintegration of American Indians who have been incarcerated, as determined by the department of administration, become the assets and liabilities of the department of corrections.

AB40,1011,19 (b) Employee transfers. On the effective date of this paragraph, the incumbents holding those positions in the department of administration performing duties that are primarily related to the office of justice assistance, except those positions performing duties that are primarily related to administering federal homeland security moneys, or to reintegrating American Indians who have been incarcerated, as determined by the department of administration, are transferred to the department of justice. On the effective date of this paragraph, the incumbents holding those positions that are primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, are transferred to the department of military affairs. On the effective date of this paragraph, the incumbents holding those positions that are primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, are transferred to the department of corrections.

AB40,1012,2 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of justice, the department of military affairs, or the department of corrections, whichever is applicable, that they enjoyed in the office of justice assistance immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB40,1012,16 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the office of justice assistance, except property that is primarily related to administering federal homeland security moneys, or property that is primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, is transferred to the department of justice. On the effective date of this paragraph, all tangible personal property, including records, of the office of justice assistance that is primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, is transferred to the department of military affairs. On the effective date of this paragraph, all tangible personal property, including records, of the office of justice assistance that is primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, is transferred to the department of corrections.

AB40,1012,17 (e) Contracts.

AB40,1012,25 1. All contracts entered into by the office of justice assistance in effect on the effective date of this subdivision, except contracts that are primarily related to administering federal homeland security moneys, or are primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, remain in effect and are transferred to the department of justice. The department of justice shall carry out any such contractual obligations unless modified or rescinded by the department of justice to the extent allowed under the contract.

AB40,1013,7 2. All contracts entered into by the office of justice assistance in effect on the effective date of this subdivision that are primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, remain in effect and are transferred to the department of military affairs. The department of military affairs shall carry out any such contractual obligations unless modified or rescinded by the department of military affairs to the extent allowed under the contract.

AB40,1013,14 3. All contracts entered into by the office of justice assistance in effect on the effective date of this subdivision that are primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, remain in effect and are transferred to the department of corrections. The department of corrections shall carry out any such contractual obligations unless modified or rescinded by the department of corrections to the extent allowed under the contract.

AB40,1014,9 (f) Pending matters. Any matter pending with the office of justice assistance on the effective date of this paragraph, except matters that are primarily related to administering federal homeland security moneys, or to reintegrating American Indians who have been incarcerated, as determined by the department of administration, is transferred to the department of justice, and all materials submitted to or actions taken by the office of justice assistance with respect to the pending matter are considered as having been submitted to or taken by the department of justice. Any matter pending with the office of justice assistance on the effective date of this paragraph that is primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, is transferred to the department of military affairs, and all materials submitted to or actions taken by the office of justice assistance with respect to the pending matter are considered as having been submitted to or taken by the department of military affairs. Any matter pending with the office of justice assistance on the effective date of this paragraph that is primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, is transferred to the department of corrections, and all materials submitted to or actions taken by the office of justice assistance with respect to the pending matter are considered as having been submitted to or taken by the department of corrections.

AB40,1014,10 (g) Rules and orders.

AB40,1014,21 1. All rules promulgated for the office of justice assistance, except rules that are primarily related to administering federal homeland security moneys, or to reintegrating American Indians who have been incarcerated, as determined by the department of administration, that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until amended or repealed by the department of justice. All orders issued by the office of justice assistance, except orders that are primarily related to administering federal homeland security moneys, or to reintegrating American Indians who have been incarcerated, as determined by the department of administration, that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until modified or rescinded by the department of justice.

AB40,1015,7 2. All rules promulgated for the office of justice assistance that are primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, and that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until amended or repealed by the department of military affairs. All orders issued by the office of justice assistance that are primarily related to administering federal homeland security moneys, and not related to interoperable communications, as determined by the department of administration, and that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until modified or rescinded by the department of military affairs.

AB40,1015,17 3. All rules promulgated for the office of justice assistance that are primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, and that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until amended or repealed by the department of corrections. All orders issued by the office of justice assistance that are primarily related to reintegrating American Indians who have been incarcerated, as determined by the department of administration, and that are in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until modified or rescinded by the department of corrections.

AB40,1015,23 (2) General prime contractor contract. When the department of administration develops a contract under section 16.855 (14m) (a) of the statutes, as created by this act, the department shall provide public notice of the contract development, review written comments, and hold at least one public hearing, allowing for testimony. The building commission must approve the contract before the department may use the contract.

AB40,9102 Section 9102. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.

AB40,1016,1 (1) Transfer of facility design services.

AB40,1016,6 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of agriculture, trade and consumer protection that are primarily related to facility design services, as determined by the secretary of administration, shall become assets and liabilities of the department of administration.

AB40,1016,7 (b) Positions and employees.

AB40,1016,12 1. On the effective date of this subdivision, 1.0 FED position in the department of agriculture, trade and consumer protection having primary responsibility for facility design services, as determined by the secretary of administration, is transferred to the department of administration and shall become 1.0 PR-S position in the department of administration.

AB40,1016,15 2. The incumbent employee in the position specified in subdivision 1. is transferred on the effective date of this subdivision to the department of administration.

AB40,1016,22 3. The employee transferred under subdivision 2. has all the rights and the same status under subchapter V of chapter 111 of the statutes and chapter 230 of the statutes that the employee enjoyed in the department of agriculture, trade and consumer protection immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, if the employee has attained permanent status in class immediately before the transfer, the employee is not required to serve a probationary period.

AB40,1017,2 (c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of agriculture, trade and consumer protection that is primarily related to facility design services, as determined by the secretary of administration, is transferred to the department of administration.

AB40,1017,8 (d) Contracts. All contracts entered into by the department of agriculture, trade and consumer protection that are primarily related to facility design services, as determined by the secretary of administration, are transferred to the department of administration. The department of administration shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the department of administration to the extent allowed under the contract.

AB40,1017,15 (e) Pending matters. Any matter pending with the department of agriculture, trade and consumer protection that is primarily related to facility design services on the effective date of this paragraph is transferred to the department of administration and all materials submitted to and actions taken by the department of agriculture, trade and consumer protection with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

AB40,9103 Section 9103. Nonstatutory provisions; Arts Board.

AB40,9104 Section 9104. Nonstatutory provisions; Building Commission.

AB40,9105 Section 9105. Nonstatutory provisions; Child Abuse and Neglect Prevention Board.

AB40,9106 Section 9106. Nonstatutory provisions; Children and Families.

AB40,9107 Section 9107. Nonstatutory provisions; Circuit Courts.

AB40,9108 Section 9108. Nonstatutory provisions; Corrections.

AB40,9109 Section 9109. Nonstatutory provisions; Court of Appeals.

AB40,9110 Section 9110. Nonstatutory provisions; District Attorneys.

AB40,9111 Section 9111. Nonstatutory provisions; Educational Communications Board.

AB40,9112 Section 9112. Nonstatutory provisions; Employee Trust Funds.

AB40,1018,3 (1) Position authorizations for the department of employee trust funds.

AB40,1018,18 (a) During the 2013-15 fiscal biennium, the secretary of employee trust funds may request the governor to create or abolish a full-time equivalent position or portion thereof that is funded from revenues deposited in the public employee trust fund if the employee holding the position would perform duties relating to modernizing business processes or integrating information technology systems of the department of employee trust funds. Upon receiving such a request, the governor may approve or modify the request. If the governor proposes to approve or modify the request, the governor shall notify the joint committee on finance in writing of his or her proposed action. If, within 14 working days after the date of the governor's notification, the cochairpersons of the committee do not notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed action, the position changes may be made as proposed by the governor. If the cochairpersons notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed action, the position changes may be made only upon approval of the committee.

AB40,1018,22 (b) If a full-time equivalent position or portion thereof is created under paragraph (a), the appropriation that is used to pay salary and fringe benefit costs for the position is supplemented to cover the salary and fringe benefit costs for the position.

AB40,1019,4 (2) Surcharge for health insurance for use of tobacco products. During 2014 and 2015, the group insurance board, under section 40.03 (6) (cm) of the statutes, as created by this act, shall impose a premium surcharge of $50 a month for health care coverage under sections 40.51 (6) and 40.515 of the statutes, as affected by this act, for eligible employees, as defined in section 40.02 (25) of the statutes, who use tobacco products.

AB40,9113 Section 9113. Nonstatutory provisions; Employment Relations Commission.

AB40,9114 Section 9114. Nonstatutory provisions; Financial Institutions.

AB40,1019,15 (1) Notice in dissolution and revocation proceedings. In addition to posting the notices described in sections 180.1421 (2m) (b), 180.1531 (2m) (b), 181.1421 (2) (b), 181.1531 (2g) (b), 183.09025 (2) (d), and 183.1021 (2g) (b) of the statutes, as affected by this act, the department of financial institutions shall, for 6 months after the effective date of this subsection, publish a monthly class 1 notice under chapter 985 of the statutes in the official state newspaper informing the public that notices described in sections 180.1421 (2m) (b), 180.1531 (2m) (b), 181.1421 (2) (b), 181.1531 (2g) (b), 183.09025 (2) (d), and 183.1021 (2g) (b) of the statutes, as affected by this act, are posted on the department's Internet site.

AB40,9115 Section 9115. Nonstatutory provisions; Government Accountability Board.

AB40,9116 Section 9116. Nonstatutory provisions; Governor.

AB40,9117 Section 9117. Nonstatutory provisions; Health and Educational Facilities Authority.

AB40,9118 Section 9118. Nonstatutory provisions; Health Services.

AB40,1019,20 (1) Eligibility and premiums under the Medical Assistance Purchase Plan.

AB40,1020,4 (a) Notification of federal approval. The department of health services shall request from the federal government approval of the treatment of section 49.472 (3) (a) and (f), (3m), (4) (a) (intro.), 1., 1m., 2. (intro.), 2m., and 3. and (b) (by Sections 1167 and 1168), and (5) of the statutes by this act, and shall notify the legislative reference bureau when each provision is approved. The legislative reference bureau shall publish each notice in the Wisconsin Administrative Register.

AB40,1020,5 (b) Void provisions.

AB40,1020,10 1. Notwithstanding Section 9418 (3) of this act, if, by January 1, 2015, the department of health services has not notified the legislative reference bureau under paragraph (a) that federal approval has been given with respect to the treatment of section 49.472 (4) (b) (by Section 1167 ) of the statutes by this act, that treatment is void.

AB40,1020,15 2. Notwithstanding Section 9418 (3) and (5) of this act, if, by January 1, 2016, the department of health services has not notified the legislative reference bureau under paragraph (a) that federal approval has been given with respect to the treatment of section 49.472 (3) (a) or (f), (3m), (4) (a) (intro.), 1., 1m., 2. (intro.), 2m., or 3. or (b) (by Section 1168 ), or (5) of the statutes by this act, that treatment is void.

AB40,9119 Section 9119. Nonstatutory provisions; Higher Educational Aids Board.

AB40,9120 Section 9120. Nonstatutory provisions; Historical Society.

AB40,9121 Section 9121. Nonstatutory provisions; Housing and Economic Development Authority.

AB40,9122 Section 9122. Nonstatutory provisions; Insurance.

AB40,9123 Section 9123. Nonstatutory provisions; Investment Board.

AB40,9124 Section 9124. Nonstatutory provisions; Joint Committee on Finance.

AB40,9125 Section 9125. Nonstatutory provisions; Judicial Commission.

AB40,9126 Section 9126. Nonstatutory provisions; Justice.

AB40,1021,1 (1) Biological specimen; legislative findings and rules.

AB40,1021,2 (a) Legislative findings.

AB40,1021,9 1. The legislative findings in this paragraph relate exclusively to the treatment in this act of sections 20.455 (2) (jb), 51.20 (13) (cr), 165.76 (1) (am), (as), (av), (aw), (b), (bg), (br), (cr), and (g), (1m), (2m), (2r), (3), and (4), 165.765 (title), (1), (1g), (1m), and (2) (a), (b), and (bm), 165.77 (1) (am), (2) (a) 2. and (b), (2m) (c), (3), (4) (intro.), (a), (am) 1., 2., and 3., and (b), and (7m), 165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15) (a) 1., 2., and 3. and (b), 970.02 (8), 971.17 (1m) (a), 973.047 (1f), (1m), and (2), and 980.063 (1) (b) and (2) of the statutes.

AB40,1022,5 2. The legislature finds that the state has a compelling interest in the accurate identification of criminal offenders and that there is a critical and urgent need to provide law enforcement officers and agencies with the latest scientific technology available for accurately and expeditiously identifying, apprehending, arresting, and convicting criminal offenders and exonerating individuals wrongly suspected or accused of a crime. The legislature further finds that deoxyribonucleic acid testing allows a more certain and rapid identification of offenders as well as the exoneration of those wrongfully suspected or accused and that deoxyribonucleic acid data banks are an important tool in criminal investigations and in deterring and detecting recidivist acts. The legislature further finds that deoxyribonucleic acid testing at the earliest stages of criminal and juvenile proceedings will help prevent perpetrators from concealing their identities and will prevent time-consuming and expensive investigations of innocent individuals. The legislature further finds that the degree of intrusion on an individual's privacy interests is minimized by the method of collection of the biological sample, by the policy of using only deoxyribonucleic acid sequences not currently associated with any known physical or medical characteristics in the creation of a deoxyribonucleic acid profile, by the limited purposes for which a deoxyribonucleic acid profile may be used under state and federal law, and by the availability of expungement for individuals who are not charged with or convicted of the offenses for which the deoxyribonucleic acid sample was collected.

AB40,1022,10 (b) Rules. The department of justice may, in rules it promulgates under section 165.76 of the statutes, as affected by this act, bring the method to obtain or to submit a biological specimen in conformity with the act of Congress known as the Katie Sepich Enhanced DNA Collection Act of 2012 (HR-6014) to apply for nonsupplanting grant funding under that act.

AB40,1022,11 (2) Youth diversion grant reductions.

AB40,1022,15 (a) Notwithstanding the amount specified under section 165.987 (1) of the statutes, as affected by this act, the department of justice shall reduce the amount of money allocated under section 165.987 (1) of the statutes, as affected by this act, by $85,900 in each of fiscal years 2013-14 and 2014-15.

AB40,1022,19 (b) Notwithstanding the amount specified under section 165.987 (2) of the statutes, as affected by this act, the department of justice shall reduce the amount of money allocated under section 165.987 (2) of the statutes, as affected by this act, by $18,400 in each of fiscal years 2013-14 and 2014-15.

AB40,1023,2 (c) Notwithstanding the amounts specified under section 165.987 (3) of the statutes, as affected by this act, the department of justice shall reduce the amount of money allocated for each of the 4 contracts that are funded with moneys from the appropriation accounts under section 20.455 (2) (cr) and (kj) of the statutes, as affected by this act, by $25,650 in each of fiscal years 2013-14 and 2014-15 and shall reduce the amount of money allocated for the contract that is funded only with moneys from the appropriation account under section 20.455 (2) (kj) of the statutes, as affected by this act, by $18,100 in each of fiscal years 2013-14 and 2014-15.

AB40,9127 Section 9127. Nonstatutory provisions; Legislature.

AB40,9128 Section 9128. Nonstatutory provisions; Lieutenant Governor.