Amendment AA1-SB46

LRBa1367/1

MLJ:wlj

2019 - 2020 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO SENATE BILL 46

February 20, 2020 - Offered by Representatives B. Meyers, Stuck, Doyle, Spreitzer, Considine, Subeck, Sinicki, Ohnstad, Pope, Hebl, Shankland, Billings, Kolste and Brostoff.

SB46-AA1,1,1 At the locations indicated, amend the bill as follows:

SB46-AA1,1,3 1. Page 1, line 3: after “surcharge" insert “, creating a task force on missing and murdered tribal women and girls,".

SB46-AA1,1,4 2. Page 3, line 8: after that line insert:

SB46-AA1,1,5 “ Section 7e. Nonstatutory provisions.

SB46-AA1,1,6 (1) Task force on missing and murdered tribal women and girls.

SB46-AA1,1,7 (a) Definitions. In this subsection:

SB46-AA1,1,9 1. “Nongovernmental organization” means a nonprofit, nongovernmental organization that provides legal, social, or other community services.

SB46-AA1,1,11 2. “Reservation lands” means all lands within the exterior boundaries of an Indian reservation in this state.

SB46-AA1,1,13 3. “Tribe” means a federally recognized American Indian tribe or band in this state.

SB46-AA1,2,6 (b) Membership. Within 45 days of the effective date of this paragraph, the attorney general shall establish a special committee under s. 15.04 (1) (c) called the task force on missing and murdered tribal women and girls. The task force shall consist of the following members, who are knowledgeable in crime victims rights or violence protection, and who shall be appointed by and serve at the pleasure of the attorney general unless otherwise specified:

SB46-AA1,2,8 1. Four or more representatives for tribal governments, with a focus on individuals who work with victims of violence or their families.

SB46-AA1,2,9 2. Two or more female tribal elders.

SB46-AA1,2,11 3. Two members of the senate, one appointed by the majority leader and one appointed by the minority leader.

SB46-AA1,2,13 4. Two members of the assembly, one appointed by the speaker of the assembly and one appointed by the minority leader.

SB46-AA1,2,14 5. Two representatives from among the following:

SB46-AA1,2,15 a. The Wisconsin Chiefs of Police Association.

SB46-AA1,2,16 b. The Badger State Sheriffs' Association.

SB46-AA1,2,17 c. The division of criminal investigation within the department of justice.

SB46-AA1,2,18 d. A peace officer who works for and resides on reservation lands.

SB46-AA1,2,19 6. One or more representatives from among the following:

SB46-AA1,2,20 a. The Wisconsin District Attorneys Association.

SB46-AA1,2,21 b. A U.S. Attorney's office in this state.

SB46-AA1,2,22 c. A judge or attorney working in tribal court.

SB46-AA1,2,24 7. A county coroner or representative from a statewide coroner's association or a representative of the department of health services.

SB46-AA1,2,25 8. Four or more representatives from among the following:

SB46-AA1,3,2 a. A tribal, statewide, or local organization that provides legal services to tribal women and girls.

SB46-AA1,3,4 b. A tribal, statewide, or local organization that provides advocacy or counseling for tribal women and girls who have been victims of violence.

SB46-AA1,3,6 c. A tribal, statewide, or local organization that provides nonlegal services to tribal women and girls.

SB46-AA1,3,7 d. American Indians Against Abuse.

SB46-AA1,3,8 e. The Wisconsin Coalition Against Sexual Assault.

SB46-AA1,3,9 f. End Domestic Abuse Wisconsin.

SB46-AA1,3,10 g. A tribal health organization or agency.

SB46-AA1,3,11 h. A tribal woman who is a survivor of gender violence.

SB46-AA1,3,12 (c) Operation.

SB46-AA1,3,17 1. The task force shall elect a chair and vice-chair from among the members of the task force and may elect other officers as necessary. The task force shall convene within 30 days after it is established and shall meet at least quarterly thereafter, or upon the call of its chair, and may hold meetings throughout the state. The task force shall meet sufficiently to accomplish the duties identified in par. (d).

SB46-AA1,3,21 2. The department of justice shall provide administrative support services to the task force. The task force may call upon any state agency or officer to assist the task force, and those agencies or officers shall cooperate with the task force to the fullest extent possible.

SB46-AA1,3,24 3. The department of administration shall reimburse members of the task force for their actual and necessary expenses incurred in carrying out their functions from the appropriation under s. 20.505 (1) (ka).

SB46-AA1,3,25 (d) Duties.

SB46-AA1,4,1 1. The task force shall examine all of the following topics:

SB46-AA1,4,6 a. The systemic causes behind violence that tribal women and girls experience, including patterns and underlying factors that explain why disproportionately high levels of violence occur against tribal women and girls, including underlying historical, generational, social, economic, institutional, and cultural factors which may contribute to the violence.

SB46-AA1,4,9 b. Appropriate methods for tracking and collecting data on violence against tribal women and girls, including data on missing and murdered tribal women and girls.

SB46-AA1,4,13 c. Policies and institutions such as policing, child welfare, coroner practices, and other governmental practices that impact violence against tribal women and girls and the investigation and prosecution of crimes of gender violence against tribal people.

SB46-AA1,4,15 d. Measures necessary to address and reduce violence against tribal women and girls.

SB46-AA1,4,17 e. Measures to help victims, victims' families, and victims' communities prevent and heal from violence that occurs against tribal women and girls.

SB46-AA1,4,21 2. The task force shall, by December 15, 2020, submit to the chair or president of each tribe and to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3) an annual report that includes all of the following:

SB46-AA1,4,23 a. Proposed institutional policies and practices that are effective in reducing gender violence and increasing the safety of tribal women and girls.

SB46-AA1,4,24 b. Recommendations to eliminate violence against tribal women and girls.

SB46-AA1,5,2 c. Recommendations to help victims and communities heal from gender violence and violence against tribal women and girls.

SB46-AA1,5,9 3. In accomplishing the tasks in subds. 1. and 2., the task force shall seek out and enlist the cooperation and assistance of nongovernmental organizations, community and advocacy organizations working with the tribal community, and academic researchers and experts, specifically those specializing in violence against tribal women and girls, representing diverse communities disproportionately affected by violence against women and girls, or focusing on issues related to gender violence and violence against tribal women and girls.

SB46-AA1,5,12 (e) Termination. The task force on missing and murdered tribal women and girls terminates on the earlier of the date on which the report under par. (d) 2. is submitted or January 1, 2021.

SB46-AA1,5,19 (2) Moneys from the prostitution crime surcharge. Notwithstanding s. 944.35 (2), the clerk of the circuit court shall collect and transfer to the department of justice the amount of any surcharge collected under s. 944.35 (1) until the department certifies that $300,000 has been received. All moneys transferred under this subsection shall be credited to the appropriation under s. 20.455 (3) (a) to be used to fund the task force on missing and murdered tribal women and girls under sub. (1).

SB46-AA1,7m Section 7m. Fiscal changes.

SB46-AA1,6,2 (1) Task force on missing and murdered tribal women and girls. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (3) (a), the dollar amount for fiscal year 2019-20 is increased by $30,000 to operate the task force on missing and murdered tribal women and girls. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (3) (a), the dollar amount for fiscal year 2020-21 is increased by $30,000 to operate the task force on missing and murdered tribal women and girls.”.

SB46-AA1,6,3 (End)