Amendment AA10-SB70

SB70-AA10,210 Section 210. 941.29 (1m) (f) of the statutes is amended to read:

SB70-AA10,122,3 941.29 (1m) (f) The person is subject to an injunction issued under s. 813.12 or 813.122, a temporary restraining order or an injunction issued under s. 813.124, or under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under this section and that has been filed under s. 813.128 (3g).”.

SB70-AA10,122,4 252. Page 374, line 11: after that line insert:

SB70-AA10,122,5 “ Section 211. 16.51 (7) of the statutes is amended to read:

SB70-AA10,123,6 16.51 (7) Audit claims for expenses in connection with prisoners and juveniles in juvenile correctional facilities. Receive, examine, determine, and audit claims, duly certified and approved by the department of corrections, from the county clerk of any county in, city, village, or town on behalf of the county, city, village, or town, which are presented for payment to reimburse the county reimbursement for certain expenses incurred or paid by it in reference to all matters growing out of actions and proceedings involving prisoners in state prisons, as defined in s. 302.01, or juveniles in juvenile correctional facilities, as defined in s. 938.02 (10p), including prisoners or juveniles transferred to a mental health institute for observation or treatment, when the. The department shall reimburse under this subsection a county in which a state prison or juvenile correctional facility is located for expenses relating to actions or proceedings involving a prisoner in the state prison or a juvenile in the juvenile correctional facility that are commenced in counties in which the prisons or juvenile correctional facilities are located by a district attorney or by the prisoner or juvenile as a postconviction remedy or a matter involving the prisoner's status as a prisoner or the juvenile's status as a resident of a juvenile correctional facility and for certain expenses incurred or paid by it the county in reference to holding those juveniles in secure custody while those actions or proceedings are pending. The department shall reimburse a county, city, village, or town under this subsection for expenses relating to law enforcement investigative services that it provided for an incident involving a prisoner in a state prison or a juvenile in a juvenile correctional facility within its jurisdiction. Expenses shall only include the amounts that were necessarily incurred and actually paid and shall be no more than the legitimate cost would be to any other county jurisdiction had the offense or crime occurred therein.

SB70-AA10,212 Section 212. 20.410 (1) (c) of the statutes is amended to read:

SB70-AA10,123,10 20.410 (1) (c) Reimbursement claims of counties or municipalities containing state prisons. A sum sufficient to pay all valid claims made by county clerks of counties, cities, villages, or towns containing state prisons as provided in s. 16.51 (7).

SB70-AA10,213 Section 213. 20.410 (3) (c) of the statutes is amended to read:

SB70-AA10,123,15 20.410 (3) (c) Reimbursement claims of counties or municipalities containing juvenile correctional facilities. A sum sufficient to pay all valid claims made by county clerks of counties, cities, villages, or towns containing state juvenile correctional facilities as provided in s. 16.51 (7).

SB70-AA10,214 Section 214. 60.33 (10p) of the statutes is created to read:

SB70-AA10,123,21 60.33 (10p) Claims in towns containing state institutions. Make a certified claim against the state, without direction from the board, in all cases in which the reimbursement is directed in s. 16.51 (7), upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1.

SB70-AA10,215 Section 215. 61.25 (11) of the statutes is created to read:

SB70-AA10,124,2 61.25 (11) To make a certified claim against the state, without direction from the board, in all cases in which the reimbursement is directed in s. 16.51 (7), upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1.

SB70-AA10,216 Section 216. 62.03 (1) of the statutes is amended to read:

SB70-AA10,124,6 62.03 (1) This subchapter, except ss. 62.071, 62.08 (1), 62.09 (1) (e) and (11) (j) and, (k), and (m), 62.175, 62.23 (7) (em) and (he), and 62.237, does not apply to 1st class cities under special charter.

SB70-AA10,217 Section 217. 62.09 (11) (m) of the statutes is created to read:

SB70-AA10,124,12 62.09 (11) (m) The clerk shall make a certified claim against the state, without direction from the council, in all cases in which the reimbursement is directed in s. 16.51 (7), upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1.”.

SB70-AA10,124,13 253. Page 374, line 11: after that line insert:

SB70-AA10,124,14 “ Section 218. 977.08 (5) (br) of the statutes is amended to read:

SB70-AA10,124,18 977.08 (5) (br) Beginning on July 1, 2000 , and until June 30, 2023, the state public defender may exempt up to 10 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.

SB70-AA10,219 Section 219. 977.08 (5) (bs) of the statutes is created to read:

SB70-AA10,124,23 977.08 (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.”.

SB70-AA10,124,24 254. Page 374, line 11: after that line insert:

SB70-AA10,125,1 “ Section 9108. Nonstatutory provisions; Corrections.

SB70-AA10,125,4 (1) Realignment of funding and positions. Adjust funding and positions between appropriations to reflect various organizational modifications within the Department. The adjustments include a reallocation of all of the following:

SB70-AA10,125,8 (a) $9,072,200 GPR and $12,100 PR within the Secretary's Office to allow the Department to create budgetary subunits for the currently existing research unit, reentry unit, Prison Rape Elimination Act (PREA) unit, Office of Legal Counsel, Office of Internal Affairs, and Office of Public Information.

SB70-AA10,125,12 (b) $251,000 GPR from the general program operations appropriation (Bureau of Personnel and Human Resources) to the services for community corrections appropriation (Bureau of Personnel and Human Resources) to more accurately reflect human resource services by appropriation.

SB70-AA10,125,15 (c) 8.0 GPR positions and associated funding ($676,800 GPR) from the general programs operations appropriation to the services for community corrections appropriation related to a previous transfer of positions.

SB70-AA10,125,18 (d) 7.70 PR positions and associated funding ($553,700) to GPR positions and funding to account for a decrease in PR revenue, but an on-going utilization of the positions.

SB70-AA10,125,21 (e) $490,000 GPR and 4.0 GPR positions to match the reallocation of the positions (and associated funding) from the Divisions of Community Corrections and Juvenile Justice to the Office of the Secretary in calendar year 2021.

SB70-AA10,125,23 (f) $11,200 GPR to provide supplies and services to previously transferred positions.

SB70-AA10,126,3 (g) $2,210,300 GPR to align funding between the general program operations, the community corrections, and the purchased services for offenders appropriations to reflect actions in the 2021-23 budget.

SB70-AA10,126,6 (2) Program Revenue reestimates. Provide $9,575,800 in 2023-24 and $9,903,500 in 2024-25 associated with funding adjustments for the following program revenue purposes:

SB70-AA10,126,9 (a) For Badger State Logistics, increase the dollar amount for fiscal year 2023-24 by $600,000 and increase the dollar amount for fiscal year 2024-25 by $600,000.

SB70-AA10,126,11 (b) For Canteen Operations, increase the dollar amount for fiscal year 2023-24 by $1,000,000 and increase the dollar amount for fiscal year 2024-25 by $1,000,000.

SB70-AA10,126,13 (c) For Correctional Farms, increase the dollar amount for fiscal year 2023-24 by $1,600,000 and increase the dollar amount for fiscal year 2024-25 by $1,600,000.

SB70-AA10,126,15 (d) For Prison Industries, increase the dollar amount for fiscal year 2023-24 by $1,400,000 and increase the dollar amount for fiscal year 2024-25 by $1,400,000.

SB70-AA10,126,17 (e) For Prison Industries, increase the dollar amount for fiscal year 2023-24 by $1,000,000 and increase the dollar amount for fiscal year 2024-25 by $1,000,000.

SB70-AA10,126,20 (f) For Telephone Company Commissions, increase the dollar amount for fiscal year 2023-24 by $1,000,000 and increase the dollar amount for fiscal year 2024-25 by $1,000,000.

SB70-AA10,126,22 (g) For General Operations, increase the dollar amount for fiscal year 2023-24 by $1,000,000 and increase the dollar amount for fiscal year 2024-25 by $1,000,000.

SB70-AA10,126,25 (h) For Probation, Parole, and Extended Supervision, increase the dollar amount for fiscal year 2023-24 by $2,000,000 and increase the dollar amount for fiscal year 2024-25 by $2,000,000.

SB70-AA10,127,3 (i) For Juvenile Alternate Care Services, increase the dollar amount for fiscal year 2023-24 by $741,000 and increase the dollar amount for fiscal year 2024-25 by $913,600.

SB70-AA10,127,6 (j) For Juvenile Utilities & Heating, increase the dollar amount for fiscal year 2023-24 by $234,800 and increase the dollar amount for fiscal year 2024-25 by $389,900.”.

SB70-AA10,127,7 255. Page 374, line 11: after that line insert:

SB70-AA10,127,8 “ Section 220. 20.866 (2) (uw) of the statutes is amended to read:

SB70-AA10,127,18 20.866 (2) (uw) Transportation; rail acquisitions and improvements and intermodal freight facilities. From the capital improvement fund, a sum sufficient for the department of transportation to acquire railroad property under ss. 85.08 (2) (L) and 85.09; to provide grants and loans for rail property acquisitions and improvements under s. 85.08 (4m) (c) and (d); and to provide intermodal freight facilities grants under s. 85.093. The state may contract public debt in an amount not to exceed $250,300,000 $320,300,000 for these purposes. The state may contract additional public debt in an amount up to $30,000,000 for these purposes. The state may contract additional public debt in an amount up to $20,000,000 for these purposes.”.

SB70-AA10,127,19 256. Page 374, line 11: after that line insert:

SB70-AA10,127,20 “ Section 221. 20.866 (2) (ug) of the statutes is amended to read:

SB70-AA10,128,3 20.866 (2) (ug) Transportation; accelerated bridge improvements. From the capital improvement fund, a sum sufficient to acquire, construct, develop, enlarge or improve local bridges under s. 84.11 and interstate bridges under s. 84.12. The state may contract public debt in an amount not to exceed $46,849,800 for this purpose. In addition, the state may contract public debt in an amount not to exceed $50,000,000 for the construction of the Southern Bridge project crossing the Fox River in Brown County.”.

SB70-AA10,128,4 257. Page 374, line 11: after that line insert:

SB70-AA10,128,5 “ Section 222. 15.01 (6) of the statutes is amended to read:

SB70-AA10,128,18 15.01 (6) “Division," “bureau," “section," and “unit" means the subunits of a department or an independent agency, whether specifically created by law or created by the head of the department or the independent agency for the more economic and efficient administration and operation of the programs assigned to the department or independent agency. The office of credit unions in the department of financial institutions, the office of the inspector general in the department of children and families, the office of the inspector general in the department of health services, and the office of children's mental health in the department of health services have the meaning of “division" under this subsection. The office of the long-term care ombudsman under the board on aging and long-term care, the office of homeland security under the department of military affairs, and the office of educational accountability in the department of public instruction have the meaning of “bureau" under this subsection.

SB70-AA10,223 Section 223. 15.317 of the statutes is created to read:

SB70-AA10,128,22 15.317 Same; offices. (1) Office of homeland security. There is created an office of homeland security in the department of military affairs. The director of the office shall be appointed by the adjutant general.

SB70-AA10,224 Section 224. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table - See PDF for table - See PDF for table

SB70-AA10,225 Section 225. 20.465 (1) (am) of the statutes is created to read:

SB70-AA10,129,3 20.465 (1) (am) Office of homeland security. The amounts in the schedule for the general operations of the office of homeland security under 321.52.

SB70-AA10,226 Section 226. 321.52 of the statutes is created to read:

SB70-AA10,129,8 321.52 Office of homeland security. The office of homeland security shall coordinate with the federal department of homeland security and state and local law enforcement agencies to identify, investigate, assess, report, and share tips and leads linked to emerging homeland security threats.

SB70-AA10,9131 Section 9131. Nonstatutory provisions; Military Affairs.

SB70-AA10,129,13 (1e) Positions for the office of homeland security. The authorized FTE positions for the department of military affairs are increased by 4.0 GPR positions, to be funded from the appropriation under s. 20.465 (1) (am), for the office of homeland security.”.

SB70-AA10,129,14 258. Page 374, line 11: after that line insert:

SB70-AA10,129,15 “ Section 227. 20.465 (1) (km) of the statutes is amended to read:

SB70-AA10,129,20 20.465 (1) (km) Agency services. The amounts in the schedule to render services to the department and to other state agencies, perform services under s. 321.03 (2) (c), and perform other general program operations. All moneys received from other state agencies and all moneys received by the department from the department for services rendered shall be credited to this appropriation.

SB70-AA10,228 Section 228. 321.03 (2) (c) of the statutes is created to read:

SB70-AA10,130,5 321.03 (2) (c) Provide aerial assistance for incident awareness and assessment, drug interdiction and counter-drug activities, search and rescue efforts, or disasters, as defined in s. 323.02 (6). The department may seek reimbursement for the cost of any assistance provided under this paragraph.”.

SB70-AA10,130,6 259. Page 374, line 11: after that line insert:

SB70-AA10,130,7 “ Section 229. 256.35 (3s) (a) 2m. of the statutes is created to read:

SB70-AA10,130,10 256.35 (3s) (a) 2m. “Emergency services IP network provider” means an entity under contract with the department under par. (b) to create, operate, and maintain an emergency services IP network.

SB70-AA10,230 Section 230. 256.35 (3s) (a) 3m. of the statutes is created to read:

SB70-AA10,130,15 256.35 (3s) (a) 3m. “Next Generation 911 costs” means the costs incurred in the operation of a Next Generation 911 emergency number system by an originating service provider and, if applicable, the 3rd-party provider it uses to connect to an emergency services IP network.

SB70-AA10,231 Section 231. 256.35 (3s) (b) of the statutes is amended to read:

SB70-AA10,131,3 256.35 (3s) (b) Emergency services IP network contracts. The department shall invite bids to be submitted under s. 16.75 and, from the appropriation under s. 20.465 (3) (qm), contract for the creation, operation, and maintenance of an emergency services IP network that to the greatest extent feasible relies on industry standards and existing infrastructure to provide all public safety answering points with the network necessary to implement Next Generation 911. Any contract under this paragraph shall include a requirement that the emergency services IP network provider reimburse any originating service provider or, if applicable, the 3rd-party providers it uses to connect to an emergency services IP network for all Next Generation 911 costs incurred by the originating service provider or, if applicable, the 3rd-party provider.

SB70-AA10,232 Section 232. 256.35 (3s) (bf) of the statutes is created to read:

SB70-AA10,131,9 256.35 (3s) (bf) Next Generation 911 cost recovery. An emergency services IP network provider shall reimburse any originating service provider or, if applicable, the 3rd-party provider it uses to connect to an emergency services IP network for all Next Generation 911 costs incurred by the originating service provider or, if applicable, the 3rd-party provider.”.

SB70-AA10,131,10 260. Page 374, line 11: after that line insert:

SB70-AA10,131,11 “ Section 233. 20.465 (3) (bm) of the statutes is created to read:

SB70-AA10,131,14 20.465 (3) (bm) Statewide public safety interoperable communication system. As a continuing appropriation, the amounts in the schedule to develop and operate a statewide public safety interoperable communication system.”.

SB70-AA10,131,15 261. Page 374, line 11: after that line insert:

SB70-AA10,131,16 “ Section 234. 321.03 (1) (f) of the statutes is created to read:

SB70-AA10,131,20 321.03 (1) (f) 1. In this paragraph, “substantive change” means any change that modifies the elements of a punitive article of the Uniform Code of Military Justice, creates a punitive article in the Uniform Code of Military Justice, or repeals a punitive article from the Uniform Code of Military Justice.

SB70-AA10,132,5 2. By July 1 of each year, submit to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3) a report that summarizes any substantive changes that have been made to the Uniform Code of Military Justice during the prior federal fiscal year, compares those substantive changes to the Wisconsin Code of Military Justice, and provides recommendations to the legislature regarding whether those substantive changes to the Uniform Code of Military Justice should be incorporated into the Wisconsin Code of Military Justice. The report shall be the subject of a public hearing, conducted no less often than annually, by the appropriate standing committees of the legislature.

SB70-AA10,235 Section 235. 321.03 (1) (g) of the statutes is created to read:

SB70-AA10,132,9 321.03 (1) (g) Establish and maintain a case management system that allows the national guard to manage and track all case-related information for cases of misconduct within the national guard.

SB70-AA10,236 Section 236. 321.04 (1) (s) of the statutes is created to read:

SB70-AA10,132,17 321.04 (1) (s) 1. By February 1 of each year, submit to the governor and to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3), and publish on the department's website, an annual report on sexual assault and sexual harassment within the Wisconsin national guard. The report shall be the subject of a public hearing, conducted no less often than annually, by the appropriate standing committees of the legislature. The report shall include, at a minimum, all of the following information for the prior federal fiscal year:

SB70-AA10,133,3 a. Data regarding all reported incidents of sexual assault and sexual harassment made by members of the Wisconsin national guard during that period, including the numbers of restricted and unrestricted reports of sexual assault and reports of sexual harassment, and historical trends relating to that data for the 5 fiscal years preceding the fiscal year covered in the report. For unrestricted reports of sexual assault and for reports of sexual harassment, the report shall also include all of the following information: the type of conduct that was reported to have occurred; the duty status of the members involved at the time of the incident; information on the status of the report, including whether the case was referred for additional investigation; and a summary of any resolution or discipline taken, including whether criminal charges were referred or filed.

SB70-AA10,133,6 b. A summary of any training relating to preventing and responding to incidents of sexual assault and sexual harassment that was provided to members of the Wisconsin national guard in the preceding year.

SB70-AA10,133,10 c. A summary of any current federal national guard bureau policies relating to preventing and responding to incidents of sexual assault and sexual harassment that were enacted during that period and a description of how those policies are being implemented in the Wisconsin national guard.