AB68: Bill Text

AB68,1756,5 d. When the person violated the condition of probation, the person also allegedly committed a crime.

AB68,1756,7 e. The person failed to report or make himself or herself available for supervision for a period of more than 60 consecutive days.

AB68,3447 Section 3447 . 973.10 (2s) of the statutes is repealed.

AB68,3448 Section 3448. 973.15 (2m) (a) 1. of the statutes is amended to read:

AB68,1756,12 973.15 (2m) (a) 1. “Determinate sentence" means a bifurcated sentence imposed under s. 973.01 or a life sentence under which a person is eligible for release to extended supervision under s. 973.014 (1g) (a) 1. or 2. or (3) (c).

AB68,3449 Section 3449. 973.15 (5) of the statutes is amended to read:

AB68,1756,17 973.15 (5) A convicted offender who is made available to another jurisdiction under ch. 976 or in any other lawful manner shall be credited with service of his or her Wisconsin sentence or commitment under the terms of s. ss. 973.155 and 973.156 for the duration of custody in the other jurisdiction.

AB68,3450 Section 3450 . 973.155 (1m) of the statutes is amended to read:

AB68,1756,23 973.155 (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. 165.95 (3), as determined by the department of justice under s. 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.

AB68,3451 Section 3451. 973.156 of the statutes is created to read:

AB68,1757,3 973.156 Earned compliance credit. (1) In this section, “qualifying offense” means a crime other than a violation of ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095.

AB68,1757,10 (2) Upon the revocation of extended supervision under s. 302.113 (9) or parole under s. 302.11 (7), a person shall be given earned compliance credit toward the service of his or her sentence for a qualifying offense for each day that the person spent on extended supervision or parole without violating a condition or rule of extended supervision or parole prior to the violation that resulted in the revocation. A person may not be given earned compliance credit for any time between the date of the most recent violation and the date of the revocation.

AB68,1757,12 (3) Subsection (2) does not apply to a person who is required to register under s. 301.45.

AB68,1757,15 (4) If a person is serving more than one sentence, earned compliance credit under sub. (2) is earned only for the time spent on extended supervision or parole for qualifying offenses.

AB68,1757,17 (5) The amount of the credit under sub. (2) shall be calculated and applied by the appropriate reviewing authority under s. 302.11 (7) (am) or 302.113 (9) (am) 1.

AB68,3452 Section 3452 . 973.176 (1) of the statutes is amended to read:

AB68,1757,23 973.176 (1) Firearm possession. Whenever a court imposes a sentence or places a defendant on probation regarding a felony conviction or regarding a conviction for a misdemeanor under s. 175.33 (2), the court shall inform the defendant of the requirements and penalties applicable to him or her under s. 941.29 (1m) or (4m).

AB68,3453 Section 3453. 973.25 (1) (a) of the statutes is amended to read:

AB68,1758,4 973.25 (1) (a) “Certificate of qualification for employment” means a certificate issued by the council on offender employment that provides an offender with relief from a collateral sanction, except that it does not provide relief from s. 48.685 (5m), 50.065 (4m), or 111.335 (3) (a) (ar), (b), (c), or (e) or (4) (h) or (i).

AB68,3454 Section 3454 . 977.05 (4) (i) 10. of the statutes is created to read:

AB68,1758,6 977.05 (4) (i) 10. Cases involving youthful offenders under s. 973.018 (3).

AB68,3455 Section 3455 . 977.08 (4s) of the statutes is created to read:

AB68,1758,13 977.08 (4s) Beginning on July 1, 2023, and biennially on July 1 of each odd-numbered year thereafter, the rates established under sub. (4m) (d) shall be adjusted by a percentage equal to the average of the consumer price index over the preceding 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the federal department of labor, except that the percentage under this subsection may not be less than zero.

AB68,3456 Section 3456. 978.03 (1m) of the statutes is amended to read:

AB68,1758,24 978.03 (1m) The district attorney of any prosecutorial unit having a population of 200,000 or more but less than 750,000 may appoint 3 4 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

AB68,3457 Section 3457 . 978.05 (6) (a) of the statutes is amended to read:

AB68,1759,13 978.05 (6) (a) Institute, commence, or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ch. 980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 89.08, 103.50 (8), 103.92 (4), 109.09, 343.305 (9) (a), 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (5), that the corporation counsel provide representation as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.

AB68,3458 Section 3458. 978.07 (1) (c) 1. of the statutes is amended to read:

AB68,1759,21 978.07 (1) (c) 1. Any case record of a felony punishable by life imprisonment or a related case, after the defendant's parole eligibility date under s. 304.06 (1) or 973.014 (1) or (3) (b) or date of eligibility for release to extended supervision under s. 973.014 (1g) (a) 1. or 2. or (3) (c), whichever is applicable, or 50 years after the commencement of the action, whichever occurs later. If there is no parole eligibility date or no date for release to extended supervision, the district attorney may destroy the case record after the defendant's death.

AB68,3459 Section 3459. 990.01 (2) of the statutes is amended to read:

AB68,1760,2 990.01 (2) Acquire. “Acquire," when used in connection with a grant of power to any person, includes the acquisition by purchase, grant, gift or bequest. It includes the power to condemn only in the cases specified in s. 32.02 and subject to the limitations under s. 32.015.

AB68,3460 Section 3460 . 990.01 (3) of the statutes is amended to read:

AB68,1760,7 990.01 (3) Adult. “Adult" means a person who has attained the age of 18 years, 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 the age of 17 years.

AB68,3461 Section 3461 . 990.01 (20) of the statutes is amended to read:

AB68,1760,12 990.01 (20) Minor. “Minor" means a person who has not attained the age of 18 years, 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, “minor" does not include a person who has attained the age of 17 years.

AB68,3462 Section 3462 . 990.01 (22m) of the statutes is created to read:

AB68,1760,16 990.01 (22m) Natural parent. “Natural parent" means a parent of a child who is not an adoptive parent, whether the parent is biologically related to the child or not.

AB68,3463 Section 3463 . 990.01 (39) of the statutes is created to read:

AB68,1760,19 990.01 (39) Spouses. “Spouses" means 2 individuals of the same sex or different sexes who are legally married to each other.

AB68,3464 Section 3464 . 990.01 (40m) of the statutes is created to read:

AB68,1760,22 990.01 (40m) Stepparent. “Stepparent" means a person who is the spouse of a child's parent and who is not also a parent of the child.

AB68,3465 Section 3465. 2017 Wisconsin Act 185, section 110 (1) (a), as last affected by 2019 Wisconsin Act 8, is amended to read:

AB68,1761,13 [2017 Wisconsin Act 185] Section 110 (1) (a) Upon the establishment of the Type 1 juvenile correctional facilities under subsection (7) and the secured residential care centers for children and youth under subsections (4) and (7m), the department of corrections shall begin to transfer each juvenile held in secure custody at the Lincoln Hills School and Copper Lake School to the appropriate Type 1 juvenile correctional facility or secured residential care center for children and youth. No juvenile may be transferred to a Type 1 juvenile correctional facility until the department of corrections determines the facility to be ready to accept juveniles, and no juvenile may be transferred to a secured residential care center for children and youth until the entity operating the facility determines it to be ready to accept juveniles. The transfers may occur in phases. The department shall transfer all juveniles a juvenile under this subsection no later than July 1, 2021 as soon as a substitute placement that meets the needs of the juvenile is ready.

AB68,3466 Section 3466. 2017 Wisconsin Act 185, section 110 (2) (a), as last affected by 2019 Wisconsin Act 8, is amended to read:

AB68,1761,22 [2017 Wisconsin Act 185] Section 110 (2) (a) On the earlier of the date on which all juveniles have been transferred to secured residential care centers for children and youth and Type 1 juvenile correctional facilities under subsection (1) or July 1, 2021 (a) or transferred to a juvenile detention facility under 2019 Wisconsin Act 8, section 72 (1), the department of corrections shall permanently close the Type 1 juvenile correctional facilities housed at the Lincoln Hills School and Copper Lake School in the town of Birch, Lincoln County.

AB68,3467 Section 3467. 2017 Wisconsin Act 185, section 110 (7), as last affected by 2019 Wisconsin Act 8, is amended to read:

AB68,1762,6 [2017 Wisconsin Act 185] Section 110 (7) Type 1 juvenile correctional facilities. The department of corrections shall establish or construct the Type 1 juvenile correctional facilities under section 301.16 (1w) (a) of the statutes no later than July 1, 2021, subject to the approval of the joint committee on finance. The department shall consider the recommendations of the juvenile corrections study committee under subsection (6) (c) 2. in establishing or constructing these facilities.

AB68,3468 Section 3468. 2017 Wisconsin Act 185, section 112 (1), as last affected by 2019 Wisconsin Act 8, is amended to read:

AB68,1762,17 [2017 Wisconsin Act 185] Section 112 (1) The treatment of sections 46.011 (1p) (by Section 13), 46.057 (1) (by Section 15), 48.023 (4) (by Section 20), 49.11 (1c) (by Section 27), 49.45 (25) (bj) (by Section 29), 301.01 (1n) (by Section 35), 301.20, 938.02 (4) (by Section 50), 938.34 (2) (a) (by Section 57) and (b) (by Section 59) and (4m) (intro.) (by Section 62), 938.48 (3) (by Section 78), (4) (by Section 80), (4m) (b) (by Section 82), (5) (by Section 84), (6) (by Section 86), and (14) (by Section 88), 938.505 (1) (by Section 96), 938.52 (2) (a) and (c) (by Section 98), 938.53 (by Section 100), and 938.54 (by Section 107) of the statutes takes effect on the date specified in the notice under Section 110 (2) (b) or July 1, 2021, whichever is earlier.

AB68,3469 Section 3469 . 2017 Wisconsin Act 370, section 44 (2) and (3) are repealed.

AB68,3470 Section 3470. 2017 Wisconsin Act 370, section 44 (5) is repealed.

AB68,3471 Section 3471. 2019 Wisconsin Act 8, section 72 (1) (b) is amended to read:

AB68,1763,3 [2019 Wisconsin Act 8] Section 72 (1) (b) Notwithstanding s. 938.34 (3) (f) 1., a juvenile may be placed in a juvenile detention facility under par. (a) for a period longer than 365 days, and shall be transferred out of the juvenile detention facility using the procedure and by the date required under 2017 Wisconsin Act 185, section 110 (1). The department of corrections shall transfer all juveniles placed in a juvenile detention facility under par. (a) out of the juvenile detention facility no later than July 1, 2021 as soon as a substitute placement that meets the needs of the juvenile is ready.

AB68,3472 Section 3472. 2019 Wisconsin Act 8, section 74 (1) is amended to read:

AB68,1763,10 [2019 Wisconsin Act 8] Section 74 (1) The treatment of ss. 46.011 (1p), 48.023 (4), 49.11 (1c), 49.45 (25) (bj), 301.01 (1n), 938.02 (4), 938.34 (4m) (intro.) (by Section 33) and (4n) (intro.), 938.357 (4g) (a), 938.48 (3), (4), (4m) (b), (5), (6), and (14), 938.505 (1), 938.52 (2) (a) and (c), 938.53, 938.533 (2) (intro.), and 938.54 takes effect on the date specified in the notice under 2017 Wisconsin Act 185, Section 110 (2) (b), or July 1, 2021, whichever is earlier.

AB68,3473 Section 3473. 2019 Wisconsin Act 9, sections 235 and 9427 (2) are repealed.

AB68,3474 Section 3474. DCF 120.03 (3) of the administrative code is amended to read:

AB68,1763,16 DCF 120.03 (3) “Emergency assistance group" or “group" means “family” as referred to defined in s. 49.138 (1d) (am), Stats., and includes one or more dependent children as defined by s. 49.141 (1) (c), Stats., and a qualified caretaker relative with whom the child is living or was living at the time the emergency occurred.

AB68,3475 Section 3475. DCF 120.05 (1) (c) of the administrative code is amended to read:

AB68,1763,24 DCF 120.05 (1) (c) The If the emergency assistance group includes a child, the child for whom assistance is requested is or, within 6 months prior to the month of application for emergency assistance, was living with a qualified caretaker relative in a place of residence maintained as the caretaker relative's own home and is anticipated to live with the qualified caretaker relative in the month following the application date.

AB68,3476 Section 3476. DCF 120.05 (1) (d) of the administrative code is amended to read:

AB68,1764,5 DCF 120.05 (1) (d) Assistance is needed to avoid destitution of the child or individual aged 18 to 24 or to provide a living arrangement for the child or the individual aged 18 to 24 in a home.

AB68,3477 Section 3477. DCF 120.05 (1) (e) of the administrative code is amended to read:

AB68,1764,11 DCF 120.05 (1) (e) The child's destitution of the child or individual aged 18 to 24 or need for living arrangements did not result from the child , the individual aged 18 to 24, or a qualified caretaker relative refusing without good cause to accept employment or training for employment.

AB68,3478 Section 3478. DCF 120.05 (3) (e) of the administrative code is created to read:

AB68,1764,16 DCF 120.05 (3) (e) During a national emergency declared by the U.S. president under 50 USC 1621 or a state of emergency declared by the governor under s. 323.10, Stats., the family is delinquent on a rent payment, a mortgage payment, or a property tax payment.

AB68,3479 Section 3479. DCF 120.06 (1) (intro.) of the administrative code is amended to read:

AB68,1764,23 DCF 120.06 (1) Income. (intro.) The gross income of the emergency assistance group may not exceed 115% 200% of the poverty line. The agency shall determine the amount of income available to the group in accordance with s. DCF 101.09 (3) (b), except any of the following grants received in the month of the emergency is not counted:

AB68,3480 Section 3480. DCF 120.07 (1) (a) of the administrative code is repealed and recreated to read:

AB68,1765,2 DCF 120.07 (1) (a) The maximum amount published in the Wisconsin administrative register pursuant to s. 49.138 (1m) (intro.), Stats.

AB68,3481 Section 3481. DCF 120.08 (6) of the administrative code is amended to read:

AB68,1765,5 DCF 120.08 (6) Emergency assistance may be provided to an emergency assistance group once in a 12-month 6-month period.

AB68,3482 Section 3482. Tax 2.495 (4) (d) (title) of the administrative code is amended to read:

AB68,1765,8 Tax 2.495 (4) (d) (title) Gross receipts Net gains from trading assets.

AB68,3483 Section 3483. Tax 2.495 (4) (d) 1. of the administrative code is amended to read:

AB68,1765,18 Tax 2.495 (4) (d) 1. Except as provided in subds. subd. 1m. and 2., the numerator of the receipts factor includes gross receipts net gains, net of commissions, from sales of trading assets, if the day-to-day decisions regarding the trading assets occur at a location in this state. If the day-to-day decisions regarding the trading assets occur at locations both in and outside this state, the assets shall be considered to be located at the location where the trading policies and guidelines are established. It shall be rebuttably presumed that the location where the trading policies and guidelines are established is at the taxpayer's commercial domicile.

AB68,3484 Section 3484. Tax 2.495 (4) (d) 1m. of the administrative code is amended to read:

AB68,1766,3 Tax 2.495 (4) (d) 1m. Except as provided in subd. 2., at At the election of the taxpayer, for taxable years beginning after December 31, 2014, the numerator of the receipts factor includes gross receipts net gains, net of commissions, from sales of trading assets if the customer's billing address is in this state. Once made, an election under this subdivision cannot be revoked without prior consent from the department. If a request to change an election has been approved by the department, the change becomes effective with the first taxable year ending on or after approval by the department.

AB68,3485 Section 3485. Tax 2.495 (4) (d) 2. of the administrative code is repealed.

AB68,9101 Section 9101. Nonstatutory provisions; Administration.

AB68,1766,13 (1) Volkswagen settlement funds. Notwithstanding s. 16.047 (2) (b), during the 2021-23 biennium, of the moneys in the appropriation under s. 20.855 (4) (h), the department of administration shall allocate $10,000,000 for grants under 16.047 (4m) for the installation of charging stations for vehicles with an electric motor and shall allocate any remaining moneys for grants under 16.047 (2) for the replacement of vehicles in the state fleet. Vehicles replaced under s. 16.047 (2) during the 2021-23 biennium shall be replaced with vehicles that are fuel-efficient or that have an electric motor.

AB68,1766,14 (2) Transfer of high-voltage transmission line fees.

AB68,1766,17 (a) Definition. In this subsection, “fees” means the annual impact and onetime environmental impact fees required to be paid under the rules promulgated under s. 16.969 (2) (a), 2019 stats, and s. 16.969 (2) (b), 2019 stats.

AB68,1766,21 (b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily relating to the fees, as determined by the secretary of administration, become the assets and liabilities of the public service commission.

AB68,1766,25 (c) Employee transfers. On the effective date of this paragraph, all positions, and the incumbent employees holding those positions, in the department of administration primarily related to the fees, as determined by the secretary of administration, are transferred to the public service commission.

AB68,1767,5 (d) Employee status. Employees transferred under par. (c ) have all the rights and the same status under ch. 230 in the public service commission that they enjoyed in the department of administration immediately before the transfer. Notwithstanding s. 230.28 (4), no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB68,1767,9 (e) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration primarily relating to the fees, as determined by the secretary of administration, is transferred to the public service commission.

AB68,1767,15 (f) Contracts. All contracts entered into by the department of administration primarily relating to the fees, as determined by the secretary of administration, in effect on the effective date of this paragraph remain in effect and are transferred to the public service commission. The public service commission shall carry out any obligations under those contracts unless modified or rescinded to the extent allowed under the contract.