AB56: Bill Text

AB56,1089,8 1. The sentence or probation period was imposed for a conviction under s. 961.41 (1) (h), 2017 stats., or s. 961.41 (1m) (h), 2017 stats., and the person proves to the court by a preponderance of the evidence that the amount of marijuana involved was 25 grams or less, or 2 or fewer plants.

AB56,1089,11 2. The sentence or probation period was imposed for a conviction under s. 961.41 (3g) (e), 2017 stats., and the person proves to the court by a preponderance of the evidence that the amount of marijuana involved was 25 grams or less.

AB56,1089,18 (b) A person to whom par. (a) applies shall file a petition with the sentencing court to request dismissal of the conviction. If the court receiving a petition under this paragraph determines that par. (a) applies, the court may grant the petition without a hearing or may schedule a hearing to consider the petition. If a hearing is scheduled, unless the person cannot prove the amount of marijuana involved was 25 grams or less or the court determines that the dismissal of the conviction presents an unreasonable risk of danger to public safety, the court shall grant the petition.

AB56,1089,22 (2) Expunging an offense for persons who completed a sentence or probation. (a) A person who has completed his or her sentence or period of probation may request under par. (b) expungement of the conviction if one of the following applies:

AB56,1090,2 1. The sentence or probation period was imposed for a conviction under s. 961.41 (1) (h), 2017 stats., or s. 961.41 (1m) (h), 2017 stats., and the person proves to the court by a preponderance of the evidence that the amount of marijuana involved was 25 grams or less, or 2 or fewer plants.

AB56,1090,5 2. The sentence or probation period was imposed for a conviction under s. 961.41 (3g) (e), 2017 stats., and the person proves to the court by a preponderance of the evidence that the amount of marijuana involved was 25 grams or less.

AB56,1090,13 (b) A person to whom par. (a) applies shall file a petition with the sentencing court to request expungement of the conviction. If the court receiving a petition under this paragraph determines that par. (a) applies, the court may grant the petition without a hearing or may schedule a hearing to consider the petition. If a hearing is scheduled, unless the person cannot prove the amount of marijuana involved was 25 grams or less or the court determines that expungement of the conviction presents an unreasonable risk of danger to public safety, the court shall grant the petition.

AB56,1090,16 (3) Crimes dismissed or expunged under this section. A conviction that has been expunged or dismissed under this section is not considered a conviction for any purpose under state or federal law, including for purposes of s. 941.29 or 18 USC 921.

AB56,2243 Section 2243 . 973.20 (1r) of the statutes is amended to read:

AB56,1091,14 973.20 (1r) When imposing sentence or ordering probation for any crime, other than a crime involving conduct that constitutes domestic abuse under s. 813.12 (1) (am) or 968.075 (1) (a), for which the defendant was convicted, the court, in addition to any other penalty authorized by law, shall order the defendant to make full or partial restitution under this section to any victim of a crime considered at sentencing or, if the victim is deceased, to his or her estate, unless the court finds substantial reason not to do so and states the reason on the record. When imposing sentence or ordering probation for a crime involving conduct that constitutes domestic abuse under s. 813.12 (1) (am) or 968.075 (1) (a) for which the defendant was convicted or that was considered at sentencing, the court, in addition to any other penalty authorized by law, shall order the defendant to make full or partial restitution under this section to any victim of a crime or, if the victim is deceased, to his or her estate, unless the court finds that imposing full or partial restitution will create an undue hardship on the defendant or victim and describes the undue hardship on the record. Restitution ordered under this section is a condition of probation, extended supervision, or parole served by the defendant for a crime for which the defendant was convicted. After the termination of probation, extended supervision, or parole, or if the defendant is not placed on probation, extended supervision, or parole, restitution ordered under this section is enforceable in the same manner as a judgment in a civil action by the victim named in the order to receive restitution or enforced under ch. 785, and the department or clerk of court may certify the restitution to the department of revenue in accordance with s. 71.93.

AB56,2244 Section 2244. 977.08 (4m) (c) of the statutes is amended to read:

AB56,1091,22 977.08 (4m) (c) Unless otherwise provided by a rule promulgated under s. 977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after July 29, 1995, and before January 1, 2020, private local attorneys shall be paid $40 per hour for time spent related to a case, excluding travel, and $25 per hour for time spent in travel related to a case if any portion of the trip is outside the county in which the attorney's principal office is located or if the trip requires traveling a distance of more than 30 miles, one way, from the attorney's principal office.

AB56,2245 Section 2245. 977.08 (4m) (d) of the statutes is created to read:

AB56,1092,5 977.08 (4m) (d) Unless otherwise provided by a rule promulgated under s. 977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after January 1, 2020, private local attorneys shall be paid $70 per hour for time spent related to a case, excluding travel, and $25 per hour for time spent in travel related to a case if any portion of the trip is outside the county in which the attorney's principal office is located or if the trip requires traveling a distance of more than 30 miles, one way, from the attorney's principal office.

AB56,2246 Section 2246. 977.08 (4s) of the statutes is created to read:

AB56,1092,11 977.08 (4s) The rates established under sub. (4m) (d) shall be adjusted biennially 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.

AB56,2247 Section 2247 . 978.05 (6) (a) of the statutes is amended to read:

AB56,1092,25 978.05 (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.

AB56,2248 Section 2248. 990.01 (2) of the statutes is amended to read:

AB56,1093,5 990.01 (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.

AB56,2249 Section 2249 . 990.01 (3) of the statutes is amended to read:

AB56,1093,10 990.01 (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.

AB56,2250 Section 2250 . 990.01 (20) of the statutes is amended to read:

AB56,1093,15 990.01 (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.

AB56,2251 Section 2251 . 2017 Wisconsin Act 185, section 110 (1) (a) is amended to read:

AB56,1094,4 [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 January 1, 2021 as soon as a substitute placement that meets the needs of that juvenile is ready.

AB56,2252 Section 2252 . 2017 Wisconsin Act 185, section 110 (2) (a) is amended to read:

AB56,1094,11 [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 January 1, 2021, 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.

AB56,2253 Section 2253 . 2017 Wisconsin Act 185, section 110 (3) (a) 4. and 5. are amended to read:

AB56,1094,16 [2017 Wisconsin Act 185] Section 110 (3) (a) 4. Three Two senators appointed by the senate majority leader or the appointed senator's designee and one senator appointed by the senate minority leader or the appointed senator's designee.

AB56,1094,20 5. Three Two representatives to the assembly appointed by the speaker of the assembly or that appointed representative's designee and one representative to the assembly appointed by the assembly minority leader or the appointed representative's designee.

AB56,2254 Section 2254 . 2017 Wisconsin Act 185, section 110 (3) (c) is amended to read:

AB56,1094,24 [2017 Wisconsin Act 185] Section 110 (3) (c) Termination. The juvenile corrections grant committee terminates on the earlier of the date on which all projects funded with grants under subsection (4) are completed or January 1, 2021.

AB56,2255 Section 2255 . 2017 Wisconsin Act 185, section 110 (4) (d) is amended to read:

AB56,1095,5 [2017 Wisconsin Act 185] Section 110 (4) (d) Deadline. Grant applications are due no later than March 31 June 30, 2019. Between that date and June 30 September 30, 2019, the juvenile corrections grant committee may work with applicants to modify their applications in order to increase the likelihood of being awarded a grant.

AB56,2256 Section 2256 . 2017 Wisconsin Act 185, section 110 (4) (f) is amended to read:

AB56,1095,12 [2017 Wisconsin Act 185] Section 110 (4) (f) Plan approval. No later than July October 1, 2019, the juvenile corrections grant committee shall submit the plan under paragraph (e) for approval to the joint committee on finance. The juvenile corrections grant committee and the department of corrections may not implement the plan until it is approved by the joint committee on finance, as submitted or as modified.

AB56,2257 Section 2257 . 2017 Wisconsin Act 185, section 110 (6) (e) is amended to read:

AB56,1095,16 [2017 Wisconsin Act 185] Section 110 (6) (e) Termination. The juvenile corrections study committee terminates on January 1, 2021 the date on which all projects funded with grants under subsection (4) are completed.

AB56,2258 Section 2258 . 2017 Wisconsin Act 185, section 110 (7) is amended to read:

AB56,1095,23 [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 January 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.

AB56,2259 Section 2259. 2017 Wisconsin Act 185, section 110 (7g) is amended to read:

AB56,1096,4 [2017 Wisconsin Act 185] Section 110 (7g) Mendota juvenile treatment center. The department of health services shall construct an expansion of the Mendota juvenile treatment center to accommodate no fewer than 29 additional juveniles, subject to the approval of the joint committee on finance.

AB56,2260 Section 2260 . 2017 Wisconsin Act 185, section 110 (7m) (b) is amended to read:

AB56,1096,12 [2017 Wisconsin Act 185] Section 110 (7m) (b) 1. Notwithstanding section 938.22 (1) and (2) of the statutes, except as provided in subdivision 2., on January 1, 2021 the effective date of this subdivision, the portion of an eligible juvenile detention facility that holds juveniles who are placed under section 938.34 (3) (f) of the statutes for more than 30 days is a secured residential care center for children and youth and juveniles may be placed there under section 938.34 (4m) of the statutes.

AB56,1096,17 2. Notwithstanding subdivision 1., on January 1, 2021 the effective date of this subdivision, the portion of an eligible juvenile detention facility that holds juveniles who are placed under section 938.34 (3) (f) of the statutes for more than 30 days is, with respect to a juvenile placed under section 938.34 (3) (f) of the statutes prior to January 1, 2021 the effective date of this subdivision, a juvenile detention facility.

AB56,2261 Section 2261 . 2017 Wisconsin Act 185, section 111 (3) is amended to read:

AB56,1096,22 [2017 Wisconsin Act 185] Section 111 (3) The treatment of section 938.34 (3) (f) 1. of the statutes, with respect to an eligible juvenile detention facility under Section 110 (7m), first applies to a juvenile adjudicated delinquent on January 1, 2021 the effective date of this subsection.

AB56,2262 Section 2262 . 2017 Wisconsin Act 185, section 112 (1) is amended to read:

AB56,1097,9 [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), 301.03 (10) (d) (by Section 38), 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), 938.357 (4) (am) (by Section 70), 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 and Sections 110 (7m) (b) and 111 (3) of this act take effect on the date specified in the notice under Section 110 (2) (b) or January 1, 2021, whichever is earlier.

AB56,2263 Section 2263. 2017 Wisconsin Act 369, section 102 (2m), (2s), (2t) and (2v) are repealed.

AB56,2264 Section 2264. 2017 Wisconsin Act 370, Section 44 (2) and (3) are repealed.

AB56,2265 Section 2265. 2017 Wisconsin Act 370, section 44 (5) is repealed.

AB56,2266 Section 2266. 2017 Wisconsin Act 59, sections 202e, 202g, 1646t to 1646y, 1655g to 1655j, 1806f and 9439 (4t) are repealed.

AB56,2267 Section 2267. Chapter VA 4 of the administrative code is repealed.

AB56,9101 Section 9101. Nonstatutory provisions; Administration.

AB56,1097,18 (1) Transfer of high-voltage transmission line fees.

AB56,1097,21 (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) and (b), 2017 stats.

AB56,1097,25 (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.

AB56,1098,4 (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.

AB56,1098,9 (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.

AB56,1098,13 (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, becomes the personal property of the public service commission.

AB56,1098,19 (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.

AB56,1099,2 (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.

AB56,1099,8 (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.

AB56,1099,15 (2) Volkswagen settlement funds. Of the settlement funds in the appropriation under s. 20.855 (4) (h) for the grants under s. 16.047 (4m), during the 2019-21 fiscal biennium, the department of administration shall allocate approximately 60 percent of the grants for the replacement of public transit vehicles and shall allocate approximately 40 percent of the grants for the installation of charging stations for vehicles with an electric motor, except that the secretary of administration may adjust the allocation if necessary.

AB56,9102 Section 9102. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.

AB56,9103 Section 9103. Nonstatutory provisions; Arts Board.

AB56,9104 Section 9104. Nonstatutory provisions; Building Commission.

AB56,1099,22 (1) Transfer to the state building trust fund. There is transferred from the general fund to the state building trust fund $10,000,000 in the 2019-21 fiscal biennium.

AB56,9105 Section 9105. Nonstatutory provisions; Child Abuse and Neglect Prevention Board.

AB56,9106 Section 9106. Nonstatutory provisions; Children and Families.

AB56,1100,11 (1) Emergency rule making for background checks for congregate care workers. The department of children and families may promulgate emergency rules under s. 227.24 to implement the background check requirements for congregate care workers under s. 48.685. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until January 1, 2022, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) 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.

AB56,1100,18 (2) Background checks for congregate care workers. No later than the first day of the 7th month beginning after the effective date of this subsection, the department of children and families, the county department as defined in s. 48.02 (2g), the child welfare agency, or the congregate care facility as defined in s. 48.685 (1) (ao) shall perform a comprehensive background check as required by s. 48.685 (2) for all congregate care workers, as defined in s. 48.685 (1) (ap), who are working at a congregate care facility on the effective date of this subsection.

AB56,1101,2 (3) Wisconsin Works; Internet service provider subscriptions. Using the procedure under s. 227.24, the department of children and families may promulgate the rules authorized under s. 49.148 (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.

AB56,1101,7 (4) Seventeen-year-old juvenile justice aids, county facilities, and the community youth and family aids formula. The department of children and families shall consult with county representatives to determine eligible expenses to be reimbursed under ss. 48.5275 and 48.5276 and on modifications to the community youth and family aids formula under s. 48.526.

AB56,9107 Section 9107. Nonstatutory provisions; Circuit Courts.

AB56,9108 Section 9108. Nonstatutory provisions; Corrections.

AB56,1101,24 (1) Juvenile corrections grant committee; recommendations. Notwithstanding 2017 Wisconsin Act 185, section 110 (4) (e) and (f), the juvenile corrections grant committee may submit an individual grant recommendation to the joint committee on finance for approval before the juvenile corrections grant committee submits the statewide plan to the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the juvenile corrections grant committee within 14 working days after the date that the grant recommendation was submitted that the joint committee on finance has scheduled a meeting for the purpose of reviewing the grant recommendation, the grant may be awarded as proposed by the juvenile corrections grant committee. If, within 14 working days after the date the grant recommendation was submitted, the cochairpersons of the joint committee on finance notify the juvenile corrections grant committee that the joint committee on finance has scheduled a meeting for the purpose of reviewing the grant recommendation, the grant may be awarded only upon approval of the joint committee on finance.

AB56,9109 Section 9109. Nonstatutory provisions; Court of Appeals.

AB56,9110 Section 9110. Nonstatutory provisions; District Attorneys.

AB56,9111 Section 9111. Nonstatutory provisions; Educational Communications Board.

AB56,9112 Section 9112. Nonstatutory provisions; Elections Commission.

AB56,1102,19 (1) Report on voter registration information integration. No later than July 1, 2020, the elections commission shall report to the appropriate standing committees of the legislature, in the manner specified in s. 13.172 (3), concerning its progress in initially implementing a system to ensure the complete and continuous registration of all eligible electors in this state, specifically including the operability and utility of information integration with the department of transportation and the feasibility and desirability of integrating public information maintained by other state agencies and by technical colleges with the commission's registration information to enhance the completeness and accuracy of the information. At a minimum, the report shall contain an assessment of the feasibility and desirability of the integration of registration information with information maintained by the departments of health services, children and families, workforce development, revenue, safety and professional services, and natural resources; the University of Wisconsin System; and the technical college system board, as well as the technical colleges within each technical college district.

AB56,1102,23 (2) Voter identification. No later than August 1, 2019, each technical college in this state that is is a member of and governed by the technical college system under ch. 38 and each University of Wisconsin System institution shall issue student identification cards that qualify as identification under s. 5.02 (6m) (f).

AB56,9113 Section 9113. Nonstatutory provisions; Employee Trust Funds.

AB56,1102,25 (1) Transfer of oversight of group disability benefit insurance plans.