AB40-ASA1, s. 3544 20Section 3544. 973.01 (4m) of the statutes is repealed.
AB40-ASA1, s. 3545 21Section 3545. 973.01 (7) of the statutes is amended to read:
AB40-ASA1,1394,222 973.01 (7) Discharge No discharge. The department of corrections shall may
23not
discharge a person who is serving a bifurcated sentence from custody, control and
24supervision when until the person has served the entire bifurcated sentence, as

1modified under sub. (4m) or s. 302.113 (2) (b) or (9h), 302.1135, or 304.06 (1), if
2applicable
.
AB40-ASA1, s. 3547 3Section 3547. 973.045 (1r) (a) (intro.) of the statutes is amended to read:
AB40-ASA1,1394,54 973.045 (1r) (a) (intro.) The clerk shall record any crime victim and witness
5surcharge imposed under sub. (1) in 2 parts as follows:
AB40-ASA1, s. 3548 6Section 3548. 973.045 (1r) (a) 2. of the statutes is amended to read:
AB40-ASA1,1394,87 973.045 (1r) (a) 2. Part B equals $27 $20 for each misdemeanor offense or count
8and $27 $20 for each felony offense or count.
AB40-ASA1, s. 3549 9Section 3549. 973.045 (1r) (a) 3. of the statutes is created to read:
AB40-ASA1,1394,1110 973.045 (1r) (a) 3. Part C equals $7 for each misdemeanor offense or count and
11$7 for each felony offense or count.
AB40-ASA1, s. 3550 12Section 3550. 973.045 (2m) of the statutes, as affected by 2009 Wisconsin Act
1328
, section 3391c, is amended to read:
AB40-ASA1,1394,1614 973.045 (2m) (a) The secretary of administration shall credit to the
15appropriation account under s. 20.455 (5) (gc) the first $20 of part B of the crime
16victim and witness surcharge.
AB40-ASA1,1394,2017 (b) The secretary of administration shall credit to the appropriation account
18under s. 20.455 (5) (g) part A of the crime victim and witness surcharge and any part
19of
part B C of the crime victim and witness surcharge that remains after the secretary
20of administration complies with par. (a)
.
AB40-ASA1, s. 3551 21Section 3551. 973.045 (3) (c) of the statutes is created to read:
AB40-ASA1,1394,2422 973.045 (3) (c) The person paying the crime victim and witness surcharge shall
23pay all of the moneys due under part A and part B before he or she pays any of the
24moneys due under part C.
AB40-ASA1, s. 3552 25Section 3552. 973.05 (2m) (dg) of the statutes is created to read:
AB40-ASA1,1395,2
1973.05 (2m) (dg) To payment of part C of the crime victim and witness
2assistance surcharge until paid in full.
AB40-ASA1, s. 3552m 3Section 3552m. 973.06 (1) (j) of the statutes is created to read:
AB40-ASA1,1395,134 973.06 (1) (j) If the defendant violated s. 23.33 (4c), 30.681, 346.63, 350.101,
5940.09 (1), or 940.25, any costs charged to or paid by a law enforcement agency for
6the withdrawal of the defendant's blood, except that the court may not impose on the
7defendant any cost for an alternative test provided free of charge as described in s.
8343.305 (4). If at the time the court finds that the defendant committed the violation,
9the law enforcement agency has not paid or been charged with the costs of
10withdrawing the person's blood, the court shall impose and collect the costs the law
11enforcement agency reasonably expects to be charged for the withdrawal, based on
12the current charges for this procedure. Notwithstanding sub. (2), the court may not
13remit these costs.
AB40-ASA1, s. 3553 14Section 3553. 973.09 (3) (d) of the statutes is repealed.
AB40-ASA1, s. 3554 15Section 3554. 973.195 (1r) (a) of the statutes is amended to read:
AB40-ASA1,1395,2216 973.195 (1r) (a) An Except as provided in s. 973.198, an inmate who is serving
17a sentence imposed under s. 973.01 before October 1, 2009, for a crime other than a
18Class B felony may petition the sentencing court to adjust the sentence if the inmate
19has served at least the applicable percentage of the term of confinement in prison
20portion of the sentence. If an inmate is subject to more than one sentence imposed
21under this section, the sentences shall be treated individually for purposes of
22sentence adjustment under this subsection.
AB40-ASA1, s. 3555 23Section 3555. 973.195 (1r) (j) of the statutes is repealed.
AB40-ASA1, s. 3556 24Section 3556. 973.198 of the statutes is created to read:
AB40-ASA1,1396,6
1973.198 Sentence adjustment; positive adjustment time. (1) Subject to
2sub. (2), an inmate who is serving a sentence imposed under s. 973.01 on or after
3October 1, 2009, but before the effective date of this subsection .... [LRB inserts date],
4and who has earned positive adjustment time under s. 302.113, 2009 stats., or under
5s. 304.06, 2009 stats., may petition the sentencing court to adjust the sentence under
6this section.
AB40-ASA1,1396,12 7(2) When the department of corrections determines that an inmate has served
8the confinement portion of his or her sentence less positive adjustment time earned
9between October 1, 2009, and the effective date of this subsection .... [LRB inserts
10date], the inmate may petition the sentencing court to adjust his or her sentence
11based on the number of days of positive adjustment time the inmate claims that he
12or she has earned.
AB40-ASA1,1396,15 13(3) Within 60 days of receipt of a petition filed under sub. (2), the sentencing
14court shall either deny the petition or hold a hearing and issue an order relating to
15the inmate's sentence adjustment and release to extended supervision.
AB40-ASA1,1396,18 16(4) At the hearing under sub. (3), the court may consider the inmate's conduct
17in prison, his or her level of risk of reoffending, based on a verified, objective
18instrument, and the nature of the offense committed by the inmate.
AB40-ASA1,1396,23 19(5) If the court determines that the inmate has earned positive adjustment
20time, the court may reduce the term of confinement in prison by the amount of time
21remaining in the term of confinement in prison portion of the sentence, less up to 30
22days, and shall lengthen the term of extended supervision so that the total length of
23the bifurcated sentence originally imposed does not change.
AB40-ASA1,1396,25 24(6) An inmate who submits a petition under this section may not apply for
25adjustment of the same sentence under s. 973.195.
AB40-ASA1, s. 3557
1Section 3557. 974.07 (4) (b) of the statutes is amended to read:
AB40-ASA1,1397,92 974.07 (4) (b) Notwithstanding the limitation on the disclosure of mailing
3addresses from completed information cards submitted by victims under ss. 51.37
4(10) (dx), 301.046 (4) (d), 301.048 (4m) (d), 301.38 (4), 302.105 (4), 304.06 (1) (f),
5304.063 (4), 938.51 (2), 971.17 (6m) (d), and 980.11 (4), the department of corrections,
6the earned release review parole commission, and the department of health services
7shall, upon request, assist clerks of court in obtaining information regarding the
8mailing address of victims for the purpose of sending copies of motions and notices
9of hearings under par. (a).
AB40-ASA1, s. 3558 10Section 3558. 976.03 (23) (c) of the statutes is amended to read:
AB40-ASA1,1397,2211 976.03 (23) (c) The application shall be verified by affidavit, shall be executed
12in duplicate and shall be accompanied by 2 certified copies of the indictment
13returned, or information and affidavit filed, or of the complaint made to a judge,
14stating the offense with which the accused is charged, or of the judgment of
15conviction or of the sentence. The prosecuting officer, earned release review parole
16commission, warden or sheriff may also attach such further affidavits and other
17documents in duplicate as he, she or it deems proper to be submitted with the
18application. One copy of the application, with the action of the governor indicated
19by endorsement thereon, and one of the certified copies of the indictment, complaint,
20information and affidavits, or of the judgment of conviction or of the sentence shall
21be filed in the office of the governor to remain of record in that office. The other copies
22of all papers shall be forwarded with the governor's requisition.
AB40-ASA1, s. 3559d 23Section 3559d. 977.02 (3) (b) of the statutes is amended to read:
AB40-ASA1,1398,624 977.02 (3) (b) Subject to par. (d), consider assets in the manner described in s.
2549.145 (3) (a) and
treat assets as available to the person to pay the costs of legal

1representation if the assets exceed the resource limitations under s. 49.145 (3) (a),
2except that
$2,500 in combined equity value. In determining the combined equity
3value of assets,
the representative of the state public defender shall exclude only the
4equity value of vehicles up to a total equity value of $10,000 and shall exclude
the
5first $30,000 of the equity value of the home that serves as the individual's
6homestead.
AB40-ASA1, s. 3559h 7Section 3559h. 977.02 (3) (c) of the statutes is amended to read:
AB40-ASA1,1398,208 977.02 (3) (c) Subject to par. (d), treat income as available to the person to pay
9the costs of legal representation only if the gross income exceeds the income
10limitations in s. 49.145 (3) (b)
115 percent of the federal poverty guideline, as defined
11in 42 USC 9902 (2) (2011). In calculating gross income under this paragraph, the
12representative of the state public defender shall include all earned and unearned
13income of the person, except any amount received under section 32 of the Internal
14Revenue Code, as defined in s. 71.01 (6), any amount received under s. 71.07 (9e), any
15payment made by an employer under section 3507 of the Internal Revenue Code, as
16defined in s. 71.01 (6), any student financial aid received under any federal or state
17program, any scholarship used for tuition and books, and any assistance received
18under s. 49.148. In determining the earned and unearned income of the individual,
19the representative of the state public defender may not include income earned by a
20dependent child of the person
.
AB40-ASA1, s. 3560 21Section 3560. 977.05 (4) (jm) of the statutes is amended to read:
AB40-ASA1,1399,222 977.05 (4) (jm) At the request of an inmate determined by the state public
23defender to be indigent or upon referral of the department of corrections a court
24under s. 302.1135 (10) 302.113 (9g) (j), represent the inmate in proceedings for
25modification of a bifurcated sentence under s. 302.1135 before the earned release

1review commission
302.113 (9g) before a program review committee and the
2sentencing court
, if the state public defender determines the case should be pursued.
AB40-ASA1, s. 3561 3Section 3561. 978.05 (6) (b) of the statutes is amended to read:
AB40-ASA1,1399,64 978.05 (6) (b) Enforce the provisions of all general orders of the department of
5commerce safety and professional services relating to the sale, transportation and
6storage of explosives.
AB40-ASA1, s. 3562 7Section 3562. 990.01 (7g) of the statutes is amended to read:
AB40-ASA1,1399,98 990.01 (7g) Fire chief. "Fire chief" or "chief of a fire department" includes the
9chief of a department under s. 60.553, 61.66, or 62.13 (2e).
AB40-ASA1, s. 3563 10Section 3563. 990.01 (7m) of the statutes is amended to read:
AB40-ASA1,1399,1211 990.01 (7m) Fire department. "Fire department" includes a department under
12s. 60.553, 61.66, or 62.13 (2e).
AB40-ASA1, s. 3564 13Section 3564. 990.01 (7r) of the statutes is amended to read:
AB40-ASA1,1399,1514 990.01 (7r) Fire fighter. "Fire fighter" includes a person serving under s.
1560.553, 61.66, or 62.13 (2e).
AB40-ASA1, s. 3565 16Section 3565. 990.01 (28g) of the statutes is amended to read:
AB40-ASA1,1399,1817 990.01 (28g) Police chief. "Police chief" or "chief of a police department"
18includes the chief of a department under s. 60.553, 61.66, or 62.13 (2e).
AB40-ASA1, s. 3566 19Section 3566. 990.01 (28m) of the statutes is amended to read:
AB40-ASA1,1399,2120 990.01 (28m) Police department. "Police department" includes a department
21under s. 60.553, 61.66, or 62.13 (2e).
AB40-ASA1, s. 3567 22Section 3567. 990.01 (28r) of the statutes is amended to read:
AB40-ASA1,1399,2423 990.01 (28r) Police officer. "Police officer" includes a person serving under
24s. 60.553, 61.66, or 62.13 (2e).
AB40-ASA1, s. 3567g 25Section 3567g. 995.30 of the statutes is created to read:
AB40-ASA1,1400,4
1995.30 Ronald W. Reagan Day. February 6 is designated as Ronald W.
2Reagan Day. Appropriate exercises and celebrations may be held on that day, his
3birthday, to honor him and remember him as the 40th President of the United States
4and a promoter of freedom and democracy throughout the world.
AB40-ASA1, s. 3567m 5Section 3567m. 2009 Wisconsin Act 28, section 9150 (1) is repealed.
AB40-ASA1, s. 3567o 6Section 3567o. 2005 Wisconsin Act 25, section 9101 (4) (b) and (c), as last
7amended by 2009 Wisconsin Act 28, section 3406, is repealed.
AB40-ASA1, s. 3567p 8Section 3567p. 2009 Wisconsin Act 15, section 31 (1) (e) is repealed.
AB40-ASA1, s. 3568 9Section 3568. 2009 Wisconsin Act 333, section 20 (2) is amended to read:
AB40-ASA1,1400,1910[2009 Wisconsin Act 333] Section 20 (2) Publish notice in the Wisconsin
11Administrative Register that funding is not available.
If, after making the
12determination under subsection (1m), the department of children and families
13determines that federal moneys from the Temporary Assistance for Needy Families
14Emergency Fund under the American Recovery and Reinvestment Act of 2009 are
15no longer available to support an expansion of trial jobs under section 49.147 (3) of
16the statutes, as affected by this act, and the project under section 49.162 of the
17statutes, as affected by this act,
the department shall publish a notice in the
18Wisconsin Administrative Register that states the date on which the federal moneys
19may no longer be obtained.
AB40-ASA1, s. 3569 20Section 3569. 2009 Wisconsin Act 333, section 20 (5) is amended to read:
AB40-ASA1,1400,2521[2009 Wisconsin Act 333] Section 20 (5) Additional funding for programs. If
22any other federal funding becomes available for the programs program under
23sections section 49.147 (3) and 49.162 of the statutes, as affected by this act, the
24department of children and families shall take any actions that may be necessary to
25obtain the funding and use it for those programs that program.
AB40-ASA1, s. 3570
1Section 3570. 2009 Wisconsin Act 333, section 22 (2) is amended to read:
AB40-ASA1,1401,62[2009 Wisconsin Act 333] Section 22 (2) The repeal of sections section 49.147 (3)
3(cm) and (dm) and 49.162 (3) (am) and (d) of the statutes and the amendment of
4sections section 49.147 (3) (a) (by Section 4) and 49.162 (3) (a) (by Section 10) of the
5statutes take effect on the date stated in the notice published by the department of
6children and families under Section 20 (2) of this act.
AB40-ASA1, s. 9101 7Section 9101. Nonstatutory provisions; Administration.
AB40-ASA1,1401,8 8(1) Youth diversion grant reductions.
AB40-ASA1,1401,129 (a) Notwithstanding the amount specified under section 16.964 (8) (a) of the
10statutes, the office of justice assistance in the department of administration shall
11reduce the amount of money allocated under section 16.964 (8) (a) of the statutes by
12$85,900 in each of fiscal years 2011-12 and 2012-13.
AB40-ASA1,1401,1613 (b) Notwithstanding the amount specified under section 16.964 (8) (b) of the
14statutes, the office of justice assistance in the department of administration shall
15reduce the amount of money distributed under section 16.964 (8) (b) of the statutes
16by $18,400 in each of fiscal years 2011-12 and 2012-13.
AB40-ASA1,1401,2417 (c) Notwithstanding the amounts specified under section 16.964 (8) (c) of the
18statutes, the office of justice assistance in the department of administration shall
19reduce the amount of money allocated for each of the 4 contracts that are funded with
20moneys from the appropriation accounts under section 20.505 (6) (d) and (kj) of the
21statutes by $25,650 in each of fiscal years 2011-12 and 2012-13 and shall reduce the
22amount of money allocated for the contract that is funded only with moneys from the
23appropriation account under section 20.505 (6) (kj) of the statutes by $18,100 in each
24of fiscal years 2011-12 and 2012-13.
AB40-ASA1,1402,6
1(1u) Energy efficiency study of state-owned buildings. The department of
2administration shall conduct a study concerning the feasibility of installing
3energy-efficient heating, ventilating, and air conditioning systems in state-owned
4buildings to conserve energy and save money. The department shall report its
5findings and recommendations to the members of the joint committee on finance no
6later than December 1, 2011.
AB40-ASA1,1402,14 7(2) Literacy initiative; governor's task force. A task force created by the
8governor by executive order and charged with developing detailed recommendations
9for a program to assess and improve literacy in elementary school children may
10request the department of administration to release funding from the department's
11appropriation account under section 20.505 (4) (c) of the statutes, as created by this
12act, for use by the department to implement the recommendations of the task force
13after the governor has approved the detailed recommendations proposed by the task
14force.
AB40-ASA1,1403,5 15(2u) Cost-benefit analysis for Veterans Home at Chippewa Falls.
16Notwithstanding section 16.705 (1p) of the statutes, as created by this act, the
17department of administration shall conduct a cost-benefit analysis on the initial
18contract for the operation and staffing of the Veterans Home at Chippewa Falls as
19provided by section 45.50 (2m) (c) of the statutes, as created by this act. The analysis
20shall be a comprehensive study to identify and compare the total cost, quality,
21technical expertise, and timeliness of a service performed by state employees and
22resources with the total cost, quality, technical expertise, and timeliness of the same
23service obtained by means of a contract for contractual services. The department of
24administration shall submit the results of the cost-benefit analysis to the joint
25committee on finance by February 1, 2012, or before the department of veterans

1affairs enters into the initial contract for the operation and staffing of the home,
2whichever occurs first. The contract entered into must contain a performance
3guarantee requirement that states that, during the contract period, the Wisconsin
4Veterans Home at Chippewa Falls must maintain an overall star rating that is at
5least equal to four stars.
AB40-ASA1,1403,6 6(3) Elimination of office of the Wisconsin Covenant Scholars Program.
AB40-ASA1,1403,97 (a) Assets and liabilities. On the effective date of this paragraph, the assets and
8liabilities of the office of the Wisconsin Covenant Scholars Program shall become the
9assets and liabilities of the higher educational aids board.
AB40-ASA1,1403,1210 (b) Tangible personal property. On the effective date of this paragraph, all
11tangible personal property, including records, of the office of the Wisconsin Covenant
12Scholars Program is transferred to the higher educational aids board.
AB40-ASA1,1403,1813 (c) Contracts. All contracts entered into by the office of the Wisconsin Covenant
14Scholars Program in effect on the effective date of this paragraph remain in effect
15and are transferred to the higher educational aids board. The higher educational
16aids board shall carry out any obligations under such a contract until the contract
17is modified or rescinded by the higher educational aids board to the extent allowed
18under the contract.
AB40-ASA1,1403,2519 (d) Rules and orders. All rules promulgated by the office of the Wisconsin
20Covenant Scholars Program that are in effect on the effective date of this paragraph
21remain in effect until their specified expiration dates or until amended or repealed
22by the higher educational aids board. All orders issued by the office of the Wisconsin
23Covenant Scholars Program that are in effect on the effective date of this paragraph
24remain in effect until their specified expiration dates or until modified or rescinded
25by the higher educational aids board.
AB40-ASA1,1404,6
1(e) Pending matters. Any matter pending with the office of the Wisconsin
2Covenant Scholars Program on the effective date of this paragraph is transferred to
3the higher educational aids board and all materials submitted to or actions taken by
4the office of the Wisconsin Covenant Scholars Program with respect to the pending
5matter are considered as having been submitted to or taken by the higher
6educational aids board.
AB40-ASA1,1404,9 7(3i) Community partnerships. By January 10, 2012, the department of
8administration shall submit to the joint committee on finance for the approval of that
9committee under section 13.10 of the statutes a plan that includes all of the following:
AB40-ASA1,1404,15 10(a) A plan prepared by the department of public instruction for providing
11funding to community-based nongovernmental organizations for the establishment
12of partnerships with local school districts that center on those organizations
13providing advocacy for students and serving as liaison between families and staff of
14those school districts with the goal of improving educational outcomes and
15promoting and teaching greater self-sufficiency.
AB40-ASA1,1404,21 16(b) A plan prepared by the department of children and families for providing
17funding to community-based nongovernmental organizations for the establishment
18of partnerships with agencies that license foster homes that center on those
19organizations providing advocacy for children and serving as liaison between
20families and staff of those agencies with the goal of improving educational outcomes
21and promoting and teaching greater self-sufficiency.
AB40-ASA1,1405,2 22(4j) Drug offender diversion surcharge fund. The department of
23administration shall submit a plan to the joint committee on finance as to how the
24department will reduce state appropriations by $1,917,900 over the 2011-2013 fiscal

1biennium and lapse the associated funding to the general fund to eliminate the
2deficit in the drug offender diversion surcharge fund.
AB40-ASA1,1405,3 3(4q) Transfer of human resources positions.
AB40-ASA1,1405,104 (a) The secretary of administration shall identify 2.0 FTE PR positions in the
5department of administration having responsibility for human resources functions.
6On the effective date of this subsection, one of the positions so identified, as
7determined by the secretary, is transferred to the state fair park board and the other
8of the positions so identified is transferred to the department of regulation and
9licensing and the incumbent employees in those positions are transferred to the state
10fair park board and the department of regulation and licensing, respectively.
AB40-ASA1,1405,1611 (b) Employees transferred under paragraph (a) have all of the rights and the
12same status under subchapter V of chapter 111 and chapter 230 of the statutes in the
13state fair park board and the department of regulation and licensing that they
14enjoyed in the department of administration immediately before the transfer.
15Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who
16has attained permanent status in class is required to serve a probationary period.
AB40-ASA1,1405,21 17(5q) State building and lease back study. The department of administration
18shall study the feasibility of instituting a program for private construction of
19buildings for the purpose of leasing those buildings to the state. The department
20shall report its findings and recommendations to the members of the joint committee
21on finance no later than December 1, 2011.
AB40-ASA1, s. 9102 22Section 9102. Nonstatutory provisions; Aging and Long-Term Care
Board.
AB40-ASA1, s. 9103 23Section 9103. Nonstatutory provisions; Agriculture, Trade and
Consumer Protection.
AB40-ASA1,1406,10
1(1i) Evaluation of purchase of agricultural conservation easement program.
2The department of agriculture, trade and consumer protection shall evaluate the
3program for the purchase of agricultural conservation easements under section
493.73 of the statutes, including the administration of the program, the source of
5funding for the program, state financial participation, and the amount of local
6matching funds required. The department shall include in its evaluation options for
7a replacement program that would be less costly and more efficient in preserving
8farmland. The department shall report its findings from the evaluation no later than
9June 30, 2012, to the joint committee on finance and to the standing committees in
10each house of the legislature with responsibility for agricultural matters.
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