AB43: Bill Text

AB43,3384 Section 3384. 977.08 (5) (bs) of the statutes is created to read:

AB43,1740,10 977.08 (5) (bs) Beginning on July 1, 2023, the state public defender may exempt up to 25 full-time assistant state public defenders in the subunit responsible for trials from the annual caseload standards under par. (bn) based on their need to perform other assigned duties.

AB43,3385 Section 3385. 978.03 (1m) of the statutes is amended to read:

AB43,1740,21 978.03 (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.

AB43,3386 Section 3386 . 978.05 (6) (a) of the statutes is amended to read:

AB43,1741,10 978.05 (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.

AB43,3387 Section 3387. 990.01 (2) of the statutes is amended to read:

AB43,1741,15 990.01 (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.

AB43,3388 Section 3388 . 990.01 (3) of the statutes is amended to read:

AB43,1741,20 990.01 (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.

AB43,3389 Section 3389 . 990.01 (20) of the statutes is amended to read:

AB43,1741,25 990.01 (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.

AB43,3390 Section 3390. 990.01 (22h) of the statutes is created to read:

AB43,1742,4 990.01 (22h) 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.

AB43,3391 Section 3391 . 990.01 (39) of the statutes is created to read:

AB43,1742,7 990.01 (39) Spouses. “Spouses" means 2 individuals of the same sex or different sexes who are legally married to each other.

AB43,3392 Section 3392 . 990.01 (40m) of the statutes is created to read:

AB43,1742,10 990.01 (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.

AB43,3393 Section 3393. 995.70 of the statutes is created to read:

AB43,1742,15 995.70 Eligibility of certain individuals who are not U.S. citizens to receive professional licenses. (1) In this section, “professional license” means a license, registration, certification, or other approval to perform certain work tasks, whether issued by the state or a local governmental entity.

AB43,1742,18 (2) Pursuant to 8 USC 1621 (d), an individual who is not a U.S. citizen is not ineligible to receive any professional license issued in this state because of the individual's citizenship status.

AB43,1742,21 (3) Nothing in this section affects any requirement or qualification for an individual to obtain a professional license that is not related to the citizenship status of the individual.

AB43,3394 Section 3394 . 2017 Wisconsin Act 370, section 44 (2) and (3) are repealed.

AB43,3395 Section 3395. 2017 Wisconsin Act 370, section 44 (5) is repealed.

AB43,3396 Section 3396. 2021 Wisconsin Act 58, section 9125 (1) is repealed.

AB43,3397 Section 3397. DCF 56.23 (1) (c) of the administrative code is amended to read:

AB43,1743,3 DCF 56.23 (1) (c) A placing agency may not make a supplemental or exceptional payment or pay an initial clothing allowance , except for an exceptional payment under sub. (3) (a) 2., for a child placed in a Level 1 foster home.

AB43,3398 Section 3398. DCF 58.08 (9) (c) and (d) of the administrative code are created to read:

AB43,1743,10 DCF 58.08 (9) (c) Exceptional payments. A kinship care agency may issue to a relative caregiver who is receiving kinship care payments or long-term kinship care payments an exceptional payment to enable siblings or minor parent and minor children to reside together, subject to a maximum payment amount determined by the department.

AB43,1743,15 (d) Initial clothing allowance. A kinship care agency may pay an initial clothing allowance to a relative caregiver when the relative caregiver is initially approved by the kinship care agency. The amount of the initial clothing allowance shall be the actual cost of the clothing not to exceed a maximum determined by the department.

AB43,9101 Section 9101. Nonstatutory provisions; Administration.

AB43,1743,17 (1) Transfer of high-voltage transmission line fees.

AB43,1743,20 (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), 2021 stats., and s. 16.969 (2) (b), 2021 stats.

AB43,1743,24 (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.

AB43,1744,4 (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.

AB43,1744,9 (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.

AB43,1744,13 (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.

AB43,1744,19 (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.

AB43,1745,2 (g) Rules and orders. All rules promulgated by the department of administration in effect on the effective date of this paragraph that are primarily related to the fees remain in effect until their specified expiration dates or until amended or repealed by the public service commission. All orders issued by the department of administration in effect on the effective date of this paragraph that are primarily related to the fees remain in effect until their specified expiration dates or until modified or rescinded by the public service commission.

AB43,1745,8 (h) Pending matters. Any matter pending with the department of administration on the effective date of this paragraph that is primarily related to the fees, as determined by the secretary of administration, is transferred to the public service commission. All materials submitted to or actions taken by the department of administration with respect to the pending matter are considered as having been submitted to or taken by the public service commission.

AB43,1745,10 (2) Capital grants programs. During the 2023-25 fiscal biennium, the department of administration shall:

AB43,1745,14 (a) Neighborhood capital investment grant program. From the appropriation under s. 20.505 (1) (fn), allocate $150,000,000 to the neighborhood capital investment grant program under s. 16.316. The secretary of administration may reallocate moneys from this program to the programs under ss. 16.317 and 16.318.

AB43,1745,18 (b) Health-care infrastructure capital grant program. From the appropriation under s. 20.505 (1) (fn), allocate $100,000,000 to the health-care infrastructure capital grant program under s. 16.317. The secretary of administration may reallocate moneys from this program to the programs under ss. 16.316 and 16.318.

AB43,1745,22 (c) Tourism capital investment grant program. From the appropriation under s. 20.505 (1) (fn), allocate $50,000,000 to the tourism capital investment grant program under s. 16.318. The secretary of administration may reallocate moneys from this program to the programs under ss. 16.316 and 16.317.

AB43,1746,2 (3) Paid family and medical leave. If the paid family and medical leave program under s. 230.12 (9m) is approved by the joint committee on employment relations, it shall go into effect immediately upon approval by the joint committee on employment relations.

AB43,1746,4 (4) Pay progression caps; deputy and assistant district attorneys, assistant state public defenders, and assistant attorneys general.

AB43,1746,8 (a) Deputy and assistant district attorneys. Notwithstanding s. 230.12 (10) (c), during the 2023-24 and 2024-25 fiscal years, a salary adjustment under s. 230.12 (10) (c) for a deputy or assistant district attorney may exceed 10 percent of the deputy or assistant district attorney's base pay.

AB43,1746,12 (b) Assistant state public defenders. Notwithstanding s. 230.12 (11) (c), during the 2023-24 and 2024-25 fiscal years, a salary adjustment under s. 230.12 (11) (c) for an assistant state public defender may exceed 10 percent of the assistant public defender's base pay.

AB43,1746,16 (c) Assistant attorneys general. Notwithstanding s. 230.12 (12) (c), during the 2023-24 and 2024-25 fiscal years, a salary adjustment under s. 230.12 (12) (c) for an assistant attorney general may exceed 10 percent of the assistant attorney general's base pay.

AB43,9102 Section 9102. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.

AB43,9103 Section 9103. Nonstatutory provisions; Arts Board.

AB43,9104 Section 9104. Nonstatutory provisions; Building Commission.

AB43,9105 Section 9105. Nonstatutory provisions; Child Abuse and Neglect Prevention Board.

AB43,9106 Section 9106. Nonstatutory provisions; Children and Families.

AB43,1747,5 (1) Child care quality improvement program. Using the procedure under s. 227.24, the department of children and families may promulgate the rules authorized under s. 49.133 (2) as emergency rules. Notwithstanding s. 227.24 (1) (a) and (3), the department of children and families is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB43,1747,6 (2) Juvenile justice reform review committee.

AB43,1747,8 (a) There is created in the department of children and families a juvenile justice reform review committee with members appointed by the governor.

AB43,1747,11 (b) The juvenile justice reform review committee shall study and, prior to September 16, 2024, provide recommendations to the department of children and families and the department of corrections on how to do all of the following:

AB43,1747,12 1. Increase the minimum age of delinquency.

AB43,1747,13 2. Eliminate original adult court jurisdiction over juveniles under s. 938.183.

AB43,1747,16 3. Modify the waiver procedure for adult court jurisdiction over juveniles and incorporate offenses currently subject to original adult court jurisdiction into the waiver procedure.

AB43,1747,19 4. Eliminate the serious juvenile offender program under s. 938.538 and create extended juvenile court jurisdiction with a blended juvenile and adult sentence structure for certain juvenile offenders.

AB43,1747,22 5. Prohibit placement of a juvenile in a juvenile detention facility for a status offense and limit sanctions and short-term holds in a juvenile detention facility to cases where there is a public safety risk.

AB43,1747,23 6. Sunset long-term post-disposition programs at juvenile detention facilities.

AB43,1747,24 7. Create a sentence adjustment procedure for youthful offenders.

AB43,1748,2 8. Conform with the U.S. Constitution the statutes that mandate imposing sentences of life imprisonment without parole or extended supervision to minors.

AB43,1748,6 (c) In submitting information under s. 16.42 (1) for purposes of the 2025-27 biennial budget bill, the department of children and families and the department of corrections shall each include a request to implement the juvenile justice reform review committee's recommendations.

AB43,1748,8 (d) The juvenile justice reform review committee terminates on September 16, 2024.

AB43,1748,13 (3) Early childhood education center. From the appropriation account under s. 20.437 (2) (fm) and the allocation under s. 49.175 (1) (qm), the department of children and families shall provide $1,680,000 in fiscal year 2023-24 to Wellpoint Care Network to establish an early childhood education center in the city of Milwaukee.

AB43,1748,20 (4) Child support debt reduction; emergency rulemaking. The department of children and families may promulgate emergency rules under s. 227.24 to implement s. 49.226. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB43,9107 Section 9107. Nonstatutory provisions; Circuit Courts.

AB43,1748,25 (1) Circuit courts designated to begin operation in 2022. The circuit court branches added in s. 753.06 (4) (dm), (7) (ag), (9) (L), and (10) (g) are the additional branches authorized to be added and allocated by the director of state courts under s. 753.0605 (2) to begin operation on August 1, 2022.

AB43,1749,4 (2) Circuit courts designated to begin operation in 2023. The circuit court branches added in s. 753.06 (4) (c), (7) (ar), (9) (m), and (10) (L) are the additional branches authorized to be added and allocated by the director of state courts under s. 753.0605 (3) to begin operation on August 1, 2023.

AB43,1749,8 (3) Extreme risk protection orders; intent statement. The intent of s. 813.124 is to implement a state crisis intervention court proceeding in the form of an extreme risk protection order program that is eligible for federal grants under 34 USC 10152 (a) (1) (I) (iv).

AB43,9108 Section 9108. Nonstatutory provisions; Corrections.

AB43,1749,10 (1) Transfer of security operations at the Wisconsin Resource Center.

AB43,1749,15 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of corrections that are primarily related to security operations at the Wisconsin Resource Center, as determined by the secretary of administration, become the assets and liabilities of the department of health services.

AB43,1749,20 (b) Positions and employees. On the effective date of this paragraph, 110.0 FTE GPR positions, and the incumbent employees holding those positions, in the department of corrections responsible for the performance of security operations at the Wisconsin Resource Center under s. 46.056 (2), 2021 stats., as determined by the secretary of administration, are transferred to the department of health services.

AB43,1749,25 (c) Employee status. Employees transferred under par. (b ) have all the rights and the same status under ch. 230 of the statutes in the department of health services that they enjoyed in the department of corrections immediately before the transfer. Notwithstanding s. 230.28 (4), no employee transferred under par. (b) who has attained permanent status in class is required to serve a probationary period.

AB43,1750,5 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of corrections that are primarily related to security operations at the Wisconsin Resource Center, as determined by the secretary of administration, is transferred to the department of health services.

AB43,1750,12 (e) Pending matters. Any matter pending with the department of corrections on the effective date of this paragraph that is primarily related to security operations at the Wisconsin Resource Center, as determined by the secretary of administration, is transferred to the department of health services. All materials submitted to or actions taken by the department of corrections with respect to the pending matter are considered as having been submitted to or taken by the department of health services.

AB43,1750,18 (f) Contracts. All contracts entered into by the department of corrections primarily related to security operations at the Wisconsin Resource Center, as determined by the secretary of administration, in effect on the effective date of this paragraph remain in effect and are transferred to the department of health services. The department of health services shall carry out any obligations under those contracts unless modified or rescinded to the extent allowed under the contract.

AB43,1750,23 (2) Earned release program rules. The department of corrections shall update its administrative rules to implement earned release for completion of a vocational readiness training program under s. 302.05 (3), including specification of the eligibility criteria for persons sentenced before the effective date of this subsection to participate in the program.

AB43,1751,10 (3) Earned compliance credit. A person who is serving a sentence for a violation other than a crime specified in 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 and who is in custody upon revocation of extended supervision or parole on the effective date of this subsection may petition the department of corrections to be given credit under s. 973.156. Upon proper verification of the facts alleged in the petition, credit under s. 973.156 shall be applied retroactively to the person. If the department of corrections is unable to determine whether credit under s. 973.156 should be given, or otherwise refuses to award retroactive credit, the person may petition the sentencing court for relief. This subsection applies regardless of the date the person was sentenced. A person who is required to register under s. 301.45 is not eligible to receive credit under this subsection.

AB43,9109 Section 9109. Nonstatutory provisions; Court of Appeals.

AB43,9110 Section 9110. Nonstatutory provisions; District Attorneys.

AB43,9111 Section 9111. Nonstatutory provisions; Educational Communications Board.