AB150, s. 7264 8Section 7264. 977.05 (4) (i) 7. of the statutes is repealed.
AB150, s. 7265 9Section 7265. 977.05 (4) (j) of the statutes is amended to read:
AB150,2337,1610 977.05 (4) (j) At the request of any person determined by the state public
11defender to be indigent or upon referral of any court, prosecute a writ of error, appeal,
12action or proceeding for habeas corpus or other postconviction or post-commitment
13remedy or attack the conditions of confinement on behalf of the person before any
14court, if the state public defender determines the case should be pursued. The state
15public defender must pursue the case of any indigent person entitled to counsel
16under s. 971.17 (7) (b) 1. or 980.03 (2) (a).
AB150, s. 7266 17Section 7266. 977.05 (6) (title) of the statutes is amended to read:
AB150,2337,1818 977.05 (6) (title) Restriction Restrictions.
AB150, s. 7267 19Section 7267. 977.05 (6) of the statutes is renumbered 977.05 (6) (a) and
20amended to read:
AB150,2337,2421 977.05 (6) (a) The state public defender shall may not provide legal services or
22assign counsel for cases involving a person subject to contempt of court proceedings
23involving the alleged failure of the person to pay a forfeiture to a county or
24municipality.
AB150, s. 7268 25Section 7268. 977.05 (6) (b) of the statutes is created to read:
AB150,2338,3
1977.05 (6) (b) The state public defender may not provide legal services or assign
2counsel for a person subject to contempt of court proceedings under s. 767.30 or
3767.305 for failure to pay child or family support, if any of the following applies:
AB150,2338,54 1. The action is not brought by the state, its delegate under s. 59.458 (1) or an
5attorney appointed under s. 767.045 (1) (c).
AB150,2338,86 2. The judge or family court commissioner before whom the proceedings shall
7be held certifies to the state public defender that the person will not be incarcerated
8if he or she is found in contempt of court.
AB150, s. 7269 9Section 7269. 977.06 of the statutes is created to read:
AB150,2338,12 10977.06 Indigency determinations; redeterminations; verification;
11collection. (1)
Duties. The public defender shall determine whether persons are
12indigent and shall establish a system to do all of the following:
AB150,2338,1413 (a) Verify the information regarding assets, income and expenses and income
14specified under s. 977.07 (2).
AB150,2338,1615 (b) Redetermine indigency during the course of representation of persons
16receiving representation.
AB150,2338,1817 (c) Record the amount of time spent on each case by the attorney appointed
18under s. 977.08.
AB150,2338,2119 (d) Collect for the cost of representation from persons who are indigent in part
20or who have been otherwise determined to be able to reimburse the state public
21defender for the cost of providing counsel.
AB150, s. 7270 22Section 7270. 977.06 (2) (title) of the statutes is created to read:
AB150,2338,2323 977.06 (2) (title) Verifications.
AB150, s. 7271 24Section 7271. 977.06 (3) (title) of the statutes is created to read:
AB150,2338,2525 977.06 (3) (title) Redeterminations.
AB150, s. 7272
1Section 7272. 977.06 (4) (title) of the statutes is created to read:
AB150,2339,22 977.06 (4) (title) Oversight.
AB150, s. 7273 3Section 7273. 977.07 (2) (a) of the statutes is renumbered 977.07 (2) and
4amended to read:
AB150,2340,185 977.07 (2) The representative of the state public defender or the authority for
6indigency determinations specified under sub. (1) making a determination of
7indigency shall ascertain the assets of the person which exceed the amount needed
8for the payment of reasonable and necessary expenses incurred, or which must be
9incurred to support the person and the person's immediate family. The assets shall
10include disposable income, cash in hand, stocks and bonds, bank accounts and other
11property which can be converted to cash within a reasonable period of time and is not
12needed to hold a job, or to shelter, clothe and care for the person and the person's
13immediate family. Assets which cannot be converted to cash within a reasonable
14period of time, such as a person's home, car, household furnishings, clothing and
15other property which has been declared exempt from attachment or execution by law,
16shall be calculated to be assets equivalent in dollars to the amount of the loan which
17could be, in fact, raised by using these assets as collateral. Assets also include any
18money expended by the person to post bond to obtain release regarding the current
19alleged offense. If the person's assets, less reasonable and necessary living expenses,
20are not sufficient to cover the anticipated cost of effective representation when the
21length and complexity of the anticipated proceedings are taken fully into account, the
22person shall be determined to be indigent in full or in part. The determination of the
23ability of the person to contribute to the cost of legal services shall be based upon
24specific written standards relating to income, assets and the anticipated cost of
25representation. If found to be indigent in full or in part, the person shall be promptly

1informed of the state's right to payment or recoupment under s. 48.275 (2), 757.66
2or 973.06 (1) (e), and the possibility that the payment of attorney fees may be made
3a condition of probation, should the person be placed on probation. Furthermore, if
4found to be indigent in part, the person shall be promptly informed of the extent to
5which he or she will be expected to pay for counsel, and whether the payment shall
6be in the form of a lump sum payment or periodic payments. The person shall be
7informed that the payment amount may be adjusted if his or her financial
8circumstances change by the time of sentencing. The payment and payment
9schedule shall be set forth in writing. Payments for services of the state public
10defender or other counsel provided under this chapter made pursuant to this
11subsection shall be paid to the state public defender for deposit in the state treasury
12and credited to the appropriation under s. 20.550 (1) (ja) (L). Under this subsection,
13reasonable and necessary living expenses equal the applicable payment amount
14under s. 49.19 (11) (a) 1. plus other specified, emergency or essential costs. The
15representative or authority making the determination of indigency shall consider
16any assets of the spouse of the person claiming to be indigent as if they were assets
17of the person, unless the spouse was the victim of a crime allegedly committed by the
18person.
AB150, s. 7274 19Section 7274. 977.07 (2) (b) of the statutes is renumbered 977.06 (3) and
20amended to read:
AB150,2340,2521 977.06 (3) Unless the court has made an adjustment under s. 973.06 (1) (e),
22upon determination at the conclusion of a case that a person's financial
23circumstances are changed, the state public defender may shall adjust the amount
24of payment for counsel under par. (a) s. 977.07 (2) in accordance with par. (a) and sub.
25s. 977.07 (1) (a) and (2).
AB150, s. 7275
1Section 7275. 977.07 (2) (c) of the statutes is renumbered 977.06 (2) (a) and
2amended to read:
AB150,2341,113 977.06 (2) (a) A person seeking to have counsel assigned for him or her under
4s. 977.08, other than a child who is entitled to be represented by counsel under s.
548.23, shall sign a statement declaring that he or she has not disposed of any assets
6for the purpose of qualifying for that assignment of counsel. If the representative
7or authority making the indigency determination finds that any asset was disposed
8of for less than its fair market value for the purpose of obtaining that assignment of
9counsel, the asset shall be counted under par. (a) s. 977.07 (2) at its fair market value
10at the time it was disposed of, minus the amount of compensation received for the
11asset.
AB150, s. 7276 12Section 7276. 977.07 (2) (d) of the statutes is renumbered 977.06 (2) (b).
AB150, s. 7277 13Section 7277. 977.07 (3) of the statutes is renumbered 977.06 (4) (a).
AB150, s. 7278 14Section 7278. 977.07 (3m) (a) (intro.) of the statutes is renumbered 977.06 (4)
15(b) (intro.) and amended to read:
AB150,2341,1916 977.06 (4) (b) (intro.) The state public defender shall promptly release a copy
17of any statement, affidavit or other information provided by a person regarding
18financial eligibility under this section s. 977.07 only if the state public defender or
19a circuit court finds all of the following:
AB150, s. 7279 20Section 7279. 977.07 (3m) (a) 1. of the statutes is renumbered 977.06 (4) (b)
211.
AB150, s. 7280 22Section 7280. 977.07 (3m) (a) 2. of the statutes is renumbered 977.06 (4) (b)
232.
AB150, s. 7281 24Section 7281. 977.07 (3m) (b) of the statutes is renumbered 977.06 (4) (c) and
25amended to read:
AB150,2342,3
1977.06 (4) (c) Paragraph (a) (b) does not limit the authority of the state public
2defender to release a copy of the statement, affidavit or other information under
3other circumstances.
AB150, s. 7282 4Section 7282. 977.08 (2) (f) of the statutes is repealed.
AB150, s. 7283 5Section 7283. 977.08 (2) (h) of the statutes is repealed.
AB150, s. 7284 6Section 7284. 977.08 (3) (f) of the statutes is amended to read:
AB150,2342,177 977.08 (3) (f) Beginning on October 1, 1993, the state public defender may shall
8enter into as many annual contracts as possible with private local attorneys or law
9firms
for the provision of legal representation in cases involving the operation of a
10vehicle
. Under any such contract, the state public defender shall assign cases
11without regard to pars. (c) and (d), shall set a fixed-fee total amount for all cases
12handled
and shall pay the that amount specified in the contract, which shall not
13exceed the amount
, except that the state public defender may not pay an attorney
14more for a case than he or she would receive according to the rates
under sub. (4m).
15The contract shall include a procedure authorizing the state public defender to make
16additional payments for a case or to reassign a case if the circumstances surrounding
17the case justify the additional payment or reassignment.
AB150, s. 7285 18Section 7285. 977.08 (3) (g) of the statutes is created to read:
AB150,2342,2119 977.08 (3) (g) The state public defender may appoint an attorney without
20regard to pars. (c) and (d) based on the state public defender's evaluation of that
21attorney's performance.
AB150, s. 7286 22Section 7286. 977.08 (5) (b) (intro.) of the statutes is amended to read:
AB150,2342,2523 977.08 (5) (b) (intro.) For the period before January 1, 1993, any Any of the
24following constitutes an annual caseload standard for an assistant state public
25defender in the subunit responsible for trials:
AB150, s. 7287
1Section 7287. 977.08 (5) (bd) of the statutes is repealed.
AB150, s. 7288 2Section 7288. 977.08 (5) (bg) of the statutes is repealed.
AB150, s. 7289 3Section 7289. 977.085 (1) (c) of the statutes is amended to read:
AB150,2343,74 977.085 (1) (c) In the last 3 quarterly reports for fiscal year 1993-94 and in all
5of the quarterly reports for fiscal year 1994-95 years 1995-96 and 1996-97,
6information regarding the status of contracting under s. 977.08 (3) (f), including
7information showing the cost savings achieved through the contracting.
AB150, s. 7290 8Section 7290. 977.10 of the statutes is renumbered 977.06 (5).
AB150, s. 7291 9Section 7291. 978.05 (4m) of the statutes is amended to read:
AB150,2343,1210 978.05 (4m) Welfare fraud investigations. Cooperate with the department
11of health and social services industry, labor and human relations regarding the fraud
12investigation program under s. 49.197 (1m).
AB150, s. 7292 13Section 7292. 978.05 (6) (b) of the statutes is amended to read:
AB150,2343,1614 978.05 (6) (b) Enforce the provisions of all general orders of the department of
15industry, labor and human relations development relating to the sale, transportation
16and storage of explosives.
AB150, s. 7293 17Section 7293. 978.07 (1) (a) of the statutes is amended to read:
AB150,2343,2018 978.07 (1) (a) Any district attorney record, after it has first been microfilmed
19or transferred to optical disk or electronic storage and preserved in accordance with
20s. 16.61.
AB150, s. 7294 21Section 7294. 990.01 (3) of the statutes is amended to read:
AB150,2343,2522 990.01 (3) Adult. An adult is "Adult" means a person who has attained the age
23of 18 years, except that for purposes of prosecuting a person who is alleged to have
24violated any state or federal criminal law, "adult" means a person who has attained
25the age of 17 years
.
AB150, s. 7295
1Section 7295. 990.01 (20) of the statutes is amended to read:
AB150,2344,52 990.01 (20) Minor. A minor is "Minor" means a person who has not attained
3the age of 18 years, except that for purposes of prosecuting a person who is alleged
4to have violated a state or federal criminal law, "minor" does not include a person who
5has attained the age of 17 years
.
AB150, s. 7296 6Section 7296. 992.06 (2) of the statutes is amended to read:
AB150,2345,37 992.06 (2) Whenever in the organization of corporations under chapter 146,
8laws of 1872
, articles of association were made and adopted and signed by the
9persons forming such corporation, and there may have been a failure to make and
10record a verified copy thereof in the office of the register of deeds of the county in
11which such corporation is located, and such association, organization or corporation
12has in good faith carried on business and acted as a corporation for 25 years or more,
13such failure to make and record a verified copy of the articles of association shall not
14affect the validity of the corporation, but the same shall be a body corporate from and
15after the date of the making, adopting and signing of the articles of association, the
16same as though a verified copy had been duly made and recorded in the office of the
17register of deeds. Whenever any such corporation shall in good faith have attempted
18to change its corporate name, and shall in good faith have carried on and conducted
19its business under such changed name for a period of 25 years or more, and shall
20record its original articles of incorporation, or the copy thereof, with the register of
21deeds, of the county in which such corporation has its principal office, and in case the
22said original articles of incorporation, or a copy thereof, cannot be obtained, a
23certificate from the secretary of state department of revenue showing that no such
24articles nor a copy thereof can be found in the office of the secretary of state records
25of the department of revenue
, its acts, doings and proceedings heretofore done or

1which shall hereafter be done in or under such changed name shall be as valid and
2binding and as good in law as though done in or under the name contained in its
3original articles of association.
AB150, s. 7297 4Section 7297. 992.06 (3) of the statutes is amended to read:
AB150,2345,115 992.06 (3) All transfers of real estate heretofore made to corporations,
6organized under the laws of this state, executed, delivered, filed and recorded
7between the date of the filing of the articles of organization in the office of the
8secretary of state
with the department of revenue and the date of the filing of a
9certified copy of said articles in the office of the register of deeds in the county
10wherein said corporation has its principal place of business, are hereby legalized,
11ratified, confirmed and validated.
AB150, s. 7298 12Section 7298. Laws of 1981, chapter 45, section 50 is repealed.
AB150, s. 7299 13Section 7299. 1993 Wisconsin Act 16, section 9126 (15v) is renumbered 49.45
14(6n) of the statutes and amended to read:
AB150,2345,2115 49.45 (6n) Supplemental payments to county homes. Notwithstanding section
1649.45
sub. (6m) of the statutes, as affected by this act, the department of health and
17social services
shall, from the appropriation under section s. 20.435 (1) (o) of the
18statutes
, distribute not more than $20,000,000 in fiscal year 1993-94 1995-96 and
19not more than $20,000,000 in fiscal year 1994-95 1996-97, to provide supplemental
20payments for care to recipients of medical assistance provided in county homes
21established under section s. 49.14 (1) of the statutes.
AB150, s. 7300 22Section 7300. 1993 Wisconsin Act 16, section 9145 (1t) (b) 2. (intro.) and (c)
23are amended to read:
AB150,2346,424[1993 Wisconsin Act 16] Section 9145 (1t) (b) 2. (intro.) From the appropriation
25under section 20.255 (2) (ed) of the statutes, as created by this act, the state

1superintendent of public instruction shall provide to the city of Milwaukee $193,000
2in the 1993-94 fiscal year and $193,000 in the 1994-95 1995-96 fiscal year to pay
3the costs of salaries and fringe benefits for not more than 4 law enforcement officers,
4subject to the following restrictions:
AB150,2346,55 (c) This subsection does not apply after June 30, 1995 1996.
AB150, s. 7301 6Section 7301. 1993 Wisconsin Act 377, section 9312 (1) is amended to read:
AB150,2346,107[1993 Wisconsin Act 377] Section 9312 (1) (title) Youthful Serious juvenile
8offender program.
The treatment of sections 48.34 (4g) and 48.537 of the statutes
9first applies to delinquent acts committed on the effective date of this subsection
10January 1, 1996.
AB150, s. 9101 11Section 9101. Nonstatutory provisions; administration.
AB150,2346,12 12(1)   Transfer of national and community service board.
AB150,2346,17 13(a)  Assets and liabilities. On the effective date of this subdivision, the assets
14and liabilities of the department of administration primarily related to the functions
15of the national and community service board, as determined by the secretary of
16administration, shall become the assets and liabilities of the department of industry,
17labor and human relations.
AB150,2346,18 18(b)  Positions and employes.
AB150,2346,23 191.  On the effective date of this subdivision, all full-time equivalent positions
20in the department of administration having duties primarily related to the functions
21of the national and community service board, as determined by the secretary of
22administration, are transferred to the department of industry, labor and human
23relations. 
AB150,2347,3
12.   All incumbent employes holding positions specified in subdivision 1. are
2transferred on the effective date of this subdivision to the department of industry,
3labor and human relations.
AB150,2347,9 43.  Employes transferred under subdivision 2. have all the rights and the same
5status under subchapter V of chapter 111 and chapter 230 of the statutes in the
6department of industry, labor and human relations that they enjoyed in the
7department of administration immediately before the transfer. Notwithstanding
8section 230.28 (4) of the statues, no employe so transferred who has attained
9permanent status in class is required to serve a probationary period.
AB150,2347,14 10(c)  Tangible personal property. On the effective date of this paragraph, all
11tangible personal property, including records, of the department of administration
12that is primarily related to the functions of the national and community service
13board, as determined by the secretary of administration, is transferred to the
14department of industry, labor and human relations.
AB150,2347,22 15(d)  Contracts. All contracts entered into by the department of administration
16in effect on the effective date of this paragraph that are primarily related to the
17functions of the national and community service board, as determined by the
18secretary of administration, remain in effect and are transferred to the department
19of industry, labor and human relations. The department of industry, labor and
20human relations shall carry out any such contractual obligations until modified or
21rescinded by the department of industry, labor and human relations to the extent
22allowed under the contracts.
AB150,2347,23 23(2)  Initial state vendor charges and fees.
AB150,2348,4 24(a)  Using the procedure under section 227.24 of the statutes, the department
25of administration shall promulgate rules required under sections 16.701 and 16.702

1(1) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) of
2the statutes, an emergency rule promulgated under this paragraph is effective until
3June 30, 1997, or until the conditions specified in section 227.24 (1) (d) of the statutes
4occur, whichever is sooner.
AB150,2348,6 5(b)  The department of administration shall promulgate the rules required
6under paragraph (a) to become effective no later than February 1, 1996.
AB150,2348,9 7(c)  In prescribing initial charges and fees under sections 16.701 and 16.702 (1)
8of the statutes, as created by this act, the department of administration shall attempt
9to ensure gross revenue to the state of $7,000,000 per fiscal year.
AB150,2348,15 10(3)  Document sales and mail distribution. On the effective date of this
11subsection, all assets acquired and liabilities incurred under the appropriation
12under section 20.505 (1) (ka), 1993 stats., that are attributable to state document
13sales or mail distribution, as determined by the secretary of administration, are
14transferred to the appropriation account under section 20.505 (1) (kd) of the statutes,
15as affected by this act.
AB150,2348,19 16(4)  Public records and forms. On the effective date of this subsection, all
17assets acquired and liabilities incurred under the appropriation under section
1820.505 (1) (kg), 1993 stats., are transferred to the appropriation account under
19section 20.505 (1) (kd) of the statutes, as affected by this act.
AB150,2349,2 20(5)  Prosecution of drug crimes, Milwaukee County. From federal and
21program revenue moneys appropriated to the department of administration for the
22office of justice assistance under section 20.505 (6) (g) and (pb) of the statutes, the
23department shall expend $204,300 in fiscal year 1995-96 and $220,600 in fiscal year
241996-97 to provide the multi-jurisdictional enforcement group serving Milwaukee
25County with funding for 3 assistant district attorneys to prosecute criminal

1violations of chapter 161 of the statutes. The funding is not subject to the grant
2procedure under section 16.964 (2m) of the statutes.
AB150,2349,10 3(6)  Prosecution of drug crimes, Dane County. From federal and program
4revenue moneys appropriated to the department of administration for the office of
5justice assistance under section 20.505 (6) (g) and (pb) of the statutes, the
6department shall expend $70,900 in fiscal year 1995-96 and $77,100 in fiscal year
71996-97 to provide the multi-jurisdictional enforcement group serving Dane County
8with funding for one assistant district attorney to prosecute criminal violations of
9chapter 161 of the statutes. The funding is not subject to the grant procedure under
10section 16.964 (2m) of the statutes.
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