AB150-ASA1-AA26,423,24
20"(a) Verify the information necessary to determine indigency under s. 977.07
21(2). The information provided by a person seeking assigned counsel that is subject
22to verification shall include the social security numbers required on an application
23under sub. (1m), income records, value of assets, eligibility for public assistance, as
24defined in s. 16.20 (1) (fm), and claims of expenses.".
AB150-ASA1-AA26,424,3
2"
Section 7269m. 977.06 (1) (a) of the statutes, as created by 1995 Wisconsin
3Act .... (this act), is amended to read:
AB150-ASA1-AA26,424,84
977.06
(1) (a) Verify the information necessary to determine indigency under
5s. 977.07 (2). The information provided by a person seeking assigned counsel that
6is subject to verification shall include the social security numbers required on an
7application under sub. (1m), income records, value of assets, eligibility for public
8assistance, as defined in s.
16.20 106.215 (1) (fm), and claims of expenses.
AB150-ASA1-AA26,424,1410
977.06
(1m) Application for representation. A person seeking to have counsel
11assigned for him or her under s. 977.08, other than a child who is entitled to be
12represented by counsel under s. 48.23, shall provide the state public defender with
13his or her social security number and the social security numbers of his or her spouse
14and dependent children, if any.".
AB150-ASA1-AA26,424,2117
977.06
(2) (am) A person seeking to have counsel assigned for him or her under
18s. 977.08, other than a child who is entitled to be represented by counsel under s.
1948.23, shall sign a statement declaring that the information that he or she has given
20to determine eligibility for assignment of counsel he or she believes to be true and
21that he or she is informed that he or she is subject to the penalty under par. (b).".
AB150-ASA1-AA26,425,3
1977.06
(3) (b) The state public defender may petition a court that ordered
2payment under s. 757.66, 973.06 (1) (e) or 977.076 (1) to modify an order or judgment
3to adjust the amount of payment or the scheduled amounts at any time.
AB150-ASA1-AA26,425,75
977.06
(3) (c) Except as provided in s. 48.275 (2) (b), an adjustment under this
6subsection shall be based on the person's ability to pay and on the fee schedule
7established by the board under s. 977.075 (3).".
AB150-ASA1-AA26,425,1410
977.07
(1) (a) Determination of indigency for persons entitled to counsel shall
11be made as soon as possible and shall be in accordance with the rules promulgated
12by the board under s. 977.02 (3)
and the system established under s. 977.06. No
13determination of indigency is required for a child who is entitled to be represented
14by counsel under s. 48.23.".
AB150-ASA1-AA26,425,18
17"
Section 7274m. 977.07 (2) (b) of the statutes is renumbered 977.06 (3) (a) and
18amended to read:
AB150-ASA1-AA26,425,2219
977.06
(3) (a) Unless the court has made an adjustment under s. 973.06 (1) (e),
20upon determination at the conclusion of a case that a person's financial
21circumstances are changed, the state public defender may adjust the amount of
22payment for counsel
under par. (a) in accordance with par. (a) and sub. (1) (a).".
AB150-ASA1-AA26,426,5
5"
977.075 Payment for legal representation. (1) The board shall establish".
AB150-ASA1-AA26,426,14
9"(2) The board shall establish by rule a procedure for collecting a
10nonrefundable partial payment for services from persons who are responsible for
11payment for legal representation and who are not indigent in full. The rule shall
12require that the payment be due within 60 days after the commencement of
13representation. This subsection does not apply to a parent who is subject to s. 48.275
14(2) (b).
AB150-ASA1-AA26,426,20
15(3) The board shall establish by rule a fee schedule that sets the amount that
16a person, other than a parent under s. 48.275 (2) (b), who is responsible for payment
17for legal representation shall pay for the cost of the legal representation. The
18schedule shall establish a fee for a given type of case, and the fee for a given type of
19case shall be based on the average cost, as determined by the board, for
20representation for that type of case.
AB150-ASA1-AA26,427,8
22977.076 Collections. (1) If the state public defender notifies the court in
23which the underlying action was filed that a person who is required to reimburse the
24state public defender for legal representation has failed to make the required
1payment or to timely make periodic payments, the court may issue a judgment on
2behalf of the state for the unpaid balance and direct the clerk of circuit court to file
3and docket a transcript of the judgment, without fee. If the court issues a judgment
4for the unpaid balance, the court shall send a notice to the person at his or her
5last-known address that a civil judgment has been issued for the unpaid balance.
6The judgment has the same force and effect as judgments issued under s. 806.10.
7Except as provided in s. 48.275 (2) (b), the judgment shall be based on the person's
8ability to pay and on the fee schedule established by the board under s. 977.075 (3).
AB150-ASA1-AA26,427,13
9(2) The department of administration may collect unpaid reimbursement
10payments to the state public defender ordered by a court under sub. (1) or s. 48.275
11(1) (a), 757.66 or 973.06 (1) (e). The department may contract with a private
12collection agency to collect these payments. Section 16.705 does not apply to a
13contract under this subsection.".
AB150-ASA1-AA26,427,19
16977.077 Deposit of payments received. Payments for services provided by
17the state public defender or other counsel under this chapter that are received
18pursuant to s. 977.07, 977.075 or 977.076 shall be deposited in the state treasury and
19credited to the appropriation under s. 20.550 (1) (L).".
AB150-ASA1-AA26,429,1013
992.06
(2) Whenever in the organization of corporations under
chapter 146,
14laws of 1872, articles of association were made and adopted and signed by the
15persons forming such corporation, and there may have been a failure to make and
16record a verified copy thereof in the office of the register of deeds of the county in
17which such corporation is located, and such association, organization or corporation
18has in good faith carried on business and acted as a corporation for 25 years or more,
19such failure to make and record a verified copy of the articles of association shall not
20affect the validity of the corporation, but the same shall be a body corporate from and
21after the date of the making, adopting and signing of the articles of association, the
22same as though a verified copy had been duly made and recorded in the office of the
23register of deeds. Whenever any such corporation shall in good faith have attempted
24to change its corporate name, and shall in good faith have carried on and conducted
1its business under such changed name for a period of 25 years or more, and shall
2record its original articles of incorporation, or the copy thereof, with the register of
3deeds, of the county in which such corporation has its principal office, and in case the
4said original articles of incorporation, or a copy thereof, cannot be obtained, a
5certificate from the
secretary of state department of financial institutions showing
6that no such articles nor a copy thereof can be found in the
office of the secretary of
7state records of the department of financial institutions, its acts, doings and
8proceedings heretofore done or which shall hereafter be done in or under such
9changed name shall be as valid and binding and as good in law as though done in or
10under the name contained in its original articles of association.
AB150-ASA1-AA26,429,1812
992.06
(3) All transfers of real estate heretofore made to corporations,
13organized under the laws of this state, executed, delivered, filed and recorded
14between the date of the filing of the articles of organization
in the office of the
15secretary of state with the department of financial institutions and the date of the
16filing of a certified copy of said articles in the office of the register of deeds in the
17county wherein said corporation has its principal place of business, are hereby
18legalized, ratified, confirmed and validated.".
AB150-ASA1-AA26,430,3
23"
(23b) Competitive enterprise review board; initial terms. Notwithstanding
24section 15.105 (27) (d) of the statues, as created by this act, the members of the
1competitive enterprise review board who are initially appointed to serve under
2section 15.105 (27) (d) of the statutes, as created by this act, shall serve for terms
3expiring on May 1, 1997.".
AB150-ASA1-AA26,430,14
5"
(4g) Funding report; sustainable agriculture grant program. By June 1,
61996, the department of agriculture, trade and consumer protection shall submit a
7funding report to the senate and assembly standing committees with jurisdiction
8over agricultural matters, as determined by the speaker of the assembly and the
9president of the senate, specifying how the department will identify and secure
10revenue sources for the purpose of funding the sustainable agriculture grant
11program under section 93.47 of the statutes, as affected by this act. The committees,
12following their review, shall approve or disapprove the funding report. If the funding
13report is not approved by both committees by June 20, 1996, all of the following shall
14occur:
AB150-ASA1-AA26,430,16
15(a) The chairpersons of the committees shall send a notice of disapproval to the
16revisor of statutes for publication in the Wisconsin administrative register.
AB150-ASA1-AA26,430,18
17(b) The sustainable agriculture grant program shall be eliminated, effective
18July 1, 1996.".
AB150-ASA1-AA26,430,22
21"
(7m) Duties pending transfer of safety and buildings functions from the
22department of industry, labor and human relations. In anticipation".
AB150-ASA1-AA26,431,4
2"
(8t) Mexico trade office. From the appropriation under section 20.143 (1)
3(bs) of the statutes, as affected by this act, the department of development may pay
4contract costs for the trade office in Mexico.".
AB150-ASA1-AA26,431,24
6"
(3i) Pending arbitrations. As soon as possible after the effective date of this
7subsection, the employment relations commission shall, for each collective
8bargaining unit consisting of municipal employes of a county in which it has
9appointed an arbitrator or arbitration panel under section 111.70 (4) (cm) 6., 1993
10stats., but for which no arbitration award has been issued on that effective date,
11order the arbitrator or panel members to terminate the arbitration with respect to
12that dispute. The parties shall reimburse the arbitrator or arbitration panel
13members for all costs incurred in conducting the arbitration prior to the date of the
14notice, but are not liable for any costs incurred to arbitrate any dispute or portion of
15a dispute that is not subject to arbitration under section 111.70 (4) (cm) of the
16statutes, as affected by this act, on or after the date of any notice by the commission
17to that effect. Notwithstanding section 111.70 (3) (a) 4. and 7. of the statutes, as
18affected by this act, no municipal employer commits a prohibited practice by refusing
19to execute a collective bargaining agreement resulting from an award under section
20111.70 (4) (cm) 6., 1993 stats., if the dispute resulting in that award is not subject to
21arbitration under section 111.70 (4) (cm) 6. of the statutes, as affected by this act.
22This subsection does not affect the obligations of a municipal employer which has
23executed a collective bargaining agreement prior to the effective date of this
24subsection.".
AB150-ASA1-AA26,432,8
4"
(a)
Assets and liabilities. On the effective date of this paragraph, all assets
5and liabilities of the department of health and social services that are primarily
6related to the programs in subchapter III of chapter 49 of the statutes, as affected by
7this act, as determined by the secretary of administration, shall become the assets
8and liabilities of the department of industry, labor and human relations.
AB150-ASA1-AA26,432,9
9(b) Employe transfers.
AB150-ASA1-AA26,432,14
101. All incumbent employes holding positions in the department of health and
11social services that are primarily related to the programs in subchapter III of chapter
1249 of the statutes, as affected by this act, as determined by the secretary of
13administration, are transferred on the effective date of this subdivision to the
14department of industry, labor and human relations.
AB150-ASA1-AA26,433,5
152. Upon final determination of the personnel to be transferred to the
16department of industry, labor and human relations under subdivision 1., the
17secretary of health and social services and the secretary of industry, labor and human
18relations shall, by the date that is established for submittal of requests for
19consideration at the 4th quarterly meeting for 1995 of the joint committee on finance
20under section 13.10 of the statutes, request the joint committee on finance to transfer
21moneys between the general purpose revenue appropriations for the department of
22health and social services and the department of industry, labor and human
23relations, between the program revenue appropriations for the department of health
24and social services and the department of industry, labor and human relations,
1between the program revenue-service appropriations for the department of health
2and social services and the department of industry, labor and human relations and
3between the federal revenues appropriations for the department of health and social
4services and the department of industry, labor and human relations, if necessary to
5adjust previously allocated costs in accordance with the transfer of personnel.
AB150-ASA1-AA26,433,11
6(c) Employe status. Employes transferred under paragraph (b) 1. have all the
7rights and the same status under subchapter V of chapter 111 and chapter 230 of the
8statutes in the department of industry, labor and human relations that they enjoyed
9in the department of health and social services immediately before the transfer.
10Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who
11has attained permanent status in class is required to serve a probationary period.
AB150-ASA1-AA26,433,16
12(d) Tangible personal property. On the effective date of this paragraph, all
13tangible personal property, including records, of the department of health and social
14services that is primarily related to the programs in subchapter III of chapter 49 of
15the statutes, as affected by this act, as determined by the secretary of administration,
16is transferred to the department of industry, labor and human relations.
AB150-ASA1-AA26,433,24
17(e) Contracts. All contracts entered into by the department of health and social
18services in effect on the effective date of this paragraph that are primarily related
19to the programs in subchapter III of chapter 49 of the statutes, as affected by this act,
20as determined by the secretary of administration, remain in effect and are
21transferred to the department of industry, labor and human relations. The
22department of industry, labor and human relations shall carry out any such
23contractual obligations until modified or rescinded by the department of industry,
24labor and human relations to the extent allowed under the contracts.
AB150-ASA1-AA26,433,25
25(f) Rules and orders.
AB150-ASA1-AA26,434,10
11. All rules promulgated by the department of health and social services that
2are in effect on the effective date of this subdivision and that are primarily related
3to the programs in subchapter III of chapter 49 of the statutes, as affected by this act,
4remain in effect until their specified expiration date or until amended or repealed by
5the department of industry, labor and human relations. All orders issued by the
6department of health and social services that are in effect on the effective date of this
7subdivision and that are primarily related to the programs in subchapter III of
8chapter 49 of the statutes, as affected by this act, remain in effect until their specified
9expiration date or until modified or rescinded by the department of industry, labor
10and human relations.
AB150-ASA1-AA26,434,17
112. The secretary of health and social services and the secretary of industry,
12labor and human relations shall, by December 31, 1995, meet and specify the
13apportionment of rules and standards, between the 2 departments, with respect to
14the supervision of employes of county departments under sections 46.215, 46.22 and
1546.23 of the statutes, as affected by this act, and with respect to eligibility
16requirements for certain programs of public assistance, in order to effect the intent
17of this act.
