Wisconsin Legislature: AB746,5,16

2007 - 2008 LEGISLATURE

2007 Assembly BILL 746

February 4, 2008 - Introduced by Representatives Friske, Grigsby, Kessler,
Jeskewitz, Bies, Boyle, Townsend, Berceau, Sherman, Turner, Sinicki,
Ballweg, Seidel, Parisi, A. Williams, Fields, Young, Schneider, Staskunas,
Toles and Soletski, cosponsored by Senators Erpenbach, Taylor, Vinehout,
Breske, Miller and Sullivan. Referred to Committee on Criminal Justice.

AB746,2,5 1An Act to amend 46.215 (2) (c) 3., 46.22 (1) (e) 3. c., 48.02 (1d), 48.02 (2), 48.366
2(8), subchapter IX (title) of chapter 48 [precedes 48.44], 48.44 (title), 48.44 (1),
348.45 (1) (a), 48.45 (1) (am), 48.45 (3), 49.45 (6m) (br) 1., 77.52 (1), 77.52 (17m)
4(f) 2., 77.53 (1), 77.61 (4) (c), 118.163 (4), 125.07 (4) (d), 125.07 (4) (e) 1., 125.085
5(3) (bt), 165.83 (1) (c) 1., 165.83 (1) (c) 2., 301.12 (2m), 301.12 (14) (a), 301.26 (3)
6(c), 301.26 (3) (em), 301.26 (4) (a), 301.26 (6) (a), 302.31 (7), 938.02 (1), 938.02
7(10m), 938.12 (2), 938.18 (2), 938.183 (3), 938.255 (1) (intro.), 938.344 (3), 938.35
8(1m), 938.355 (4) (b), 938.355 (4m) (a), 938.39, subchapter IX (title) of chapter
9938 [precedes 938.44], 938.44, 938.45 (1) (a), 938.45 (3), 938.48 (4m) (a), 938.48
10(4m) (b), 938.48 (14), 938.57 (3) (a) 1., 938.57 (3) (a) 3., 938.57 (3) (b), 946.50
11(intro.), 948.01 (1), 948.11 (2) (am) (intro.), 948.45 (1), 948.60 (2) (d), 948.61 (4),
12961.455 (1), 961.46, 961.573 (2), 961.574 (2), 961.575 (1), 961.575 (2), 961.575
13(3), 990.01 (3) and 990.01 (20); to repeal and recreate 49.45 (6m) (br) 1.,
14938.57 (3) (a) 3. and 938.57 (3) (b); and to create 20.410 (3) (h), 77.51 (24), 77.51

1(25), 77.52 (1d) and 77.53 (1d) of the statutes; relating to: the age at which a
2person who is alleged to have violated a criminal law, a civil law, or a municipal
3ordinance is subject to circuit court or municipal court rather than juvenile
4court jurisdiction, imposing a fee on the sale of video games and video gaming
5devices, and making an appropriation.

Analysis by the Legislative Reference Bureau

Under current law, a person 17 years of age or older who is alleged to have
violated a criminal law is subject to the procedures specified in the Criminal
Procedure Code and, on conviction, is subject to sentencing under the Criminal Code,
which may include a sentence of imprisonment in the Wisconsin state prisons.
Currently, subject to certain exceptions, a person under 17 years of age who is alleged
to have violated a criminal law is subject to the procedures specified in the Juvenile
Justice Code and, on being adjudicated delinquent, is subject to an array of
dispositions under that code including placement in a juvenile correctional facility.
This bill raises from 17 to 18 the age at which a person who is alleged to have violated
a criminal law is subject to the procedures specified in the Criminal Procedure Code
and, on conviction, to sentencing under the Criminal Code.

Similarly, under current law, a person 17 years of age or older who is alleged to
have violated a civil law or municipal ordinance is subject to the jurisdiction and
procedures of the circuit court or, if applicable, the municipal court, while a person
under 17 years of age who is alleged to have violated a civil law or municipal
ordinance, subject to certain exceptions, is subject to the jurisdiction and procedures
of the court assigned to exercise jurisdiction under the Juvenile Justice Code. This
bill raises from 17 to 18 the age at which a person who is alleged to have violated a
civil law or municipal ordinance is subject to the jurisdiction and procedures of the
circuit court or, if applicable, the municipal court.

Under current law, the state imposes a sales and use tax at the rate of 5 percent
of the gross receipts on the sale of tangible personal property, including video games,
and on the sale of certain services. Under the bill, the state imposes an additional
fee on the sale of video games and video gaming devices at the rate of 1 percent of the
gross receipts from such sales. This bill appropriates all moneys received from the
fee to the Department of Corrections (DOC) and requires DOC to allocate those
moneys to counties to pay for state-provided juvenile correctional services and local
delinquency-related and juvenile justice services.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:

AB746, s. 1 1Section 1. 20.410 (3) (h) of the statutes is created to read:

AB746,3,122 20.410 (3) (h) Video games fee; community youth and family aids. All moneys
3received from the fees imposed under ss. 77.52 (1d) and 77.53 (1d) for the
4improvement and provision of juvenile delinquency-related services under s. 301.26
5and for reimbursement to counties having a population of less than 500,000 for the
6cost of court attached intake services as provided in s. 938.06 (4). Notwithstanding
7ss. 20.001 (3) (a) and 20.002 (1), the department of corrections may transfer moneys
8under this paragraph between fiscal years. Except for moneys authorized for
9transfer under s. 301.26 (3), all moneys from this paragraph allocated under s. 301.26
10(3) and not spent or encumbered by counties by December 31 of each year shall lapse
11into the county aid fund on the succeeding January 1. The joint committee on finance
12may transfer additional moneys to the next calendar year.

AB746, s. 2 13Section 2. 46.215 (2) (c) 3. of the statutes is amended to read:

AB746,4,214 46.215 (2) (c) 3. A county department of social services shall develop, under the
15requirements of s. 301.08 (2), plans and contracts for juvenile delinquency-related
16care and services to be purchased. The department of corrections may review the
17contracts and approve them if they are consistent with s. 301.08 (2) and if state or
18federal funds are available for such purposes. The joint committee on finance may
19require the department of corrections to submit the contracts to the committee for
20review and approval. The department of corrections may not make any payments
21to a county for programs included in a contract under review by the committee. The

1department of corrections shall reimburse each county for the contracts from the
2appropriations under s. 20.410 (3) (cd), (h), and (ko) as appropriate.

AB746, s. 3 3Section 3. 46.22 (1) (e) 3. c. of the statutes is amended to read:

AB746,4,144 46.22 (1) (e) 3. c. A county department of social services shall develop, under
5the requirements of s. 301.08 (2), plans and contracts for juvenile
6delinquency-related care and services to be purchased. The department of
7corrections may review the contracts and approve them if they are consistent with
8s. 301.08 (2) and to the extent that state or federal funds are available for such
9purposes. The joint committee on finance may require the department of corrections
10to submit the contracts to the committee for review and approval. The department
11of corrections may not make any payments to a county for programs included in the
12contract that is under review by the committee. The department of corrections shall
13reimburse each county for the contracts from the appropriations under s. 20.410 (3)
14(cd), (h), and (ko) as appropriate.

AB746, s. 4 15Section 4. 48.02 (1d) of the statutes is amended to read:

AB746,4,1916 48.02 (1d) "Adult" means a person who is 18 years of age or older, except that
17for purposes of investigating or prosecuting a person who is alleged to have violated
18any state or federal criminal law or any civil law or municipal ordinance, "adult"
19means a person who has attained 17 years of age.

AB746, s. 5 20Section 5. 48.02 (2) of the statutes is amended to read:

AB746,4,2421 48.02 (2) "Child" means a person who is less than 18 years of age, except that
22for purposes of investigating or prosecuting a person who is alleged to have violated
23a state or federal criminal law or any civil law or municipal ordinance, "child" does
24not include a person who has attained 17 years of age.

AB746, s. 6 25Section 6. 48.366 (8) of the statutes is amended to read:

AB746,5,13

148.366 (8) Transfer to or between facilities. The department of corrections
2may transfer a person subject to an order between juvenile correctional facilities.
3After the person attains the age of 17 18 years, the department of corrections may
4place the person in a state prison named in s. 302.01, except that the department of
5corrections may not place any person under the age of 18 years in the correctional
6institution authorized in s. 301.16 (1n). If the department of corrections places a
7person subject to an order under this section in a state prison, that department shall
8provide services for that person from the appropriate appropriation under s. 20.410
9(1). The department of corrections may transfer a person placed in a state prison
10under this subsection to or between state prisons named in s. 302.01 without
11petitioning for revision of the order under sub. (5) (a), except that the department of
12corrections may not transfer any person under the age of 18 years to the correctional
13institution authorized in s. 301.16 (1n).

AB746, s. 7 14Section 7. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes
15is amended to read:

AB746,5,1616 CHAPTER 48

AB746,5,1817 SUBCHAPTER IX
18 JURISDICTION OVER PERSON 17 18 OR OLDER

AB746, s. 8 19Section 8. 48.44 (title) of the statutes is amended to read:

AB746,5,20 2048.44 (title) Jurisdiction over persons 17 18 or older.

AB746, s. 9 21Section 9. 48.44 (1) of the statutes is amended to read:

AB746,5,2422 48.44 (1) The court has jurisdiction over persons 17 18 years of age or older as
23provided under ss. 48.133, 48.355 (4), and 48.45 and as otherwise specifically
24provided in this chapter.

AB746, s. 10 25Section 10. 48.45 (1) (a) of the statutes is amended to read:

AB746,6,8

148.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition
2described in s. 48.13 it appears that any person 17 18 years of age or older has been
3guilty of contributing to, encouraging, or tending to cause by any act or omission,
4such that condition of the child, the judge may make orders with respect to the
5conduct of such that person in his or her relationship to the child, including orders
6determining the ability of the person to provide for the maintenance or care of the
7child and directing when, how, and from where funds for the maintenance or care
8shall be paid.

AB746, s. 11 9Section 11. 48.45 (1) (am) of the statutes is amended to read:

AB746,6,1610 48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn
11child's expectant mother alleged to be in a condition described in s. 48.133 it appears
12that any person 17 18 years of age or over has been guilty of contributing to,
13encouraging, or tending to cause by any act or omission, such that condition of the
14unborn child and expectant mother, the judge may make orders with respect to the
15conduct of such that person in his or her relationship to the unborn child and
16expectant mother.

AB746, s. 12 17Section 12. 48.45 (3) of the statutes is amended to read:

AB746,6,2218 48.45 (3) If it appears at a court hearing that any person 17 18 years of age or
19older has violated s. 948.40, the judge shall refer the record to the district attorney
20for criminal proceedings as may be warranted in the district attorney's judgment.
21This subsection does not prevent prosecution of violations of s. 948.40 without the
22prior reference by the judge to the district attorney, as in other criminal cases.

AB746, s. 13 23Section 13. 49.45 (6m) (br) 1. of the statutes is amended to read:

AB746,7,724 49.45 (6m) (br) 1. Notwithstanding s. 20.410 (3) (cd), (h), or (ko), 20.435 (4) (bt)
25or (7) (b), or 20.445 (3) (dz), the department shall reduce allocations of funds to

1counties in the amount of the disallowance from the appropriation account under s.
220.435 (4) (bt) or (7) (b), or the department shall direct the department of workforce
3development to reduce allocations of funds to counties or Wisconsin works agencies
4in the amount of the disallowance from the appropriation account under s. 20.445 (3)
5(dz) or direct the department of corrections to reduce allocations of funds to counties
6in the amount of the disallowance from the appropriation account under s. 20.410 (3)
7(cd), (h), or (ko) in accordance with s. 16.544 to the extent applicable.

AB746, s. 14 8Section 14. 49.45 (6m) (br) 1. of the statutes, as affected by 2007 Wisconsin
9Acts 20 and .... (this act), is repealed and recreated to read:

AB746,7,1810 49.45 (6m) (br) 1. Notwithstanding s. 20.410 (3) (cd), (h), or (ko), 20.435 (4) (bt)
11or (7) (b), or 20.437 (2) (dz), the department shall reduce allocations of funds to
12counties in the amount of the disallowance from the appropriation account under s.
1320.435 (4) (bt) or (7) (b), or the department shall direct the department of children
14and families to reduce allocations of funds to counties or Wisconsin Works agencies
15in the amount of the disallowance from the appropriation account under s. 20.437 (2)
16(dz) or direct the department of corrections to reduce allocations of funds to counties
17in the amount of the disallowance from the appropriation account under s. 20.410 (3)
18(cd), (h), or (ko) in accordance with s. 16.544 to the extent applicable.

AB746, s. 15 19Section 15. 77.51 (24) of the statutes is created to read:

AB746,7,2220 77.51 (24) "Video game" means any electronically operated game that involves
21manipulating images produced by a computer program on a visual display unit,
22including a computer monitor, a television, or a video gaming device.

AB746, s. 16 23Section 16. 77.51 (25) of the statutes is created to read:

AB746,7,2524 77.51 (25) "Video gaming device" means a video game console or handheld
25device that is used primarily for displaying video games.

AB746, s. 17

1Section 17. 77.52 (1) of the statutes is amended to read:

AB746,8,72 77.52 (1) For Except as provided in sub. (1d), for the privilege of selling, leasing ,
3or renting tangible personal property, including accessories, components,
4attachments, parts, supplies, and materials, at retail a tax is imposed upon all
5retailers at the rate of 5% of the gross receipts from the sale, lease , or rental of
6tangible personal property, including accessories, components, attachments, parts,
7supplies, and materials, sold, leased, or rented at retail in this state.

AB746, s. 18 8Section 18. 77.52 (1d) of the statutes is created to read:

AB746,8,149 77.52 (1d) In addition to the tax imposed on sub. (1), a fee is imposed upon all
10retailers at the rate of 1 percent of the gross receipts from the sale, lease, or rental
11of video games and video gaming devices, including accessories, components,
12attachments, parts, and supplies that are sold, leased, or rented at retail in this state.
13All moneys from the fee imposed under this subsection shall be credited to the
14appropriation under s. 20.410 (3) (h).

AB746, s. 19 15Section 19. 77.52 (17m) (f) 2. of the statutes is amended to read:

AB746,8,2116 77.52 (17m) (f) 2. Maintain accounting records that show the tax or fee under
17ss. 77.52 (1), (1d), and (2) and 77.53 (3) paid on each purchase during each reporting
18period under s. 77.58 and the total tax or fee paid during each reporting period, pay
19the tax or fee under ss. 77.52 (1), (1d), and (2) and 77.53 (3) on either all or none of
20the purchases made from each retailer during each reporting period and pay the tax
21under s. 77.53 (1) to the department on all of the purchases for which the tax is due.

AB746, s. 20 22Section 20. 77.53 (1) of the statutes is amended to read:

AB746,9,623 77.53 (1) Except as provided in sub. subs. (1d) and (1m), an excise tax is levied
24and imposed on the use or consumption in this state of taxable services under s. 77.52
25purchased from any retailer, at the rate of 5% of the sales price of those services; on

1the storage, use, or other consumption in this state of tangible personal property
2purchased from any retailer, at the rate of 5% of the sales price of that property; and
3on the storage, use, or other consumption of tangible personal property
4manufactured, processed, or otherwise altered, in or outside this state, by the person
5who stores, uses or consumes it, from material purchased from any retailer, at the
6rate of 5% of the sales price of that material.

AB746, s. 21 7Section 21. 77.53 (1d) of the statutes is created to read:

AB746,9,128 77.53 (1d) In addition to the tax imposed under sub. (1), a fee is levied and
9imposed on the storage, use, or other consumption in this state of video games
10purchased from any retailer, at the rate of 1 percent of the sales price of such games.
11All moneys from the fee imposed under this subsection shall be credited to the
12appropriation under s. 20.410 (3) (h).

AB746, s. 22 13Section 22. 77.61 (4) (c) of the statutes is amended to read:

AB746,9,2414 77.61 (4) (c) For reporting the sales tax and the fee imposed under s. 77.52 (1d)
15and collecting and reporting the use tax imposed on the retailer under s. 77.53 (3) and
16the accounting connected with it, retailers may deduct 0.5% of those taxes payable
17or $10 for that reporting period required under s. 77.58 (1), whichever is greater, but
18not more than the amount of the sales taxes or use taxes that is payable under ss.
1977.52 (1) and (1d) and 77.53 (3) for that reporting period required under s. 77.58 (1),
20as administration expenses if the payment of the taxes is not delinquent. For
21purposes of calculating the retailer's discount under this paragraph, the taxes on
22retail sales reported by retailers under subch. V, including taxes collected and
23remitted as required under s. 77.785, shall be included if the payment of those taxes
24is not delinquent.

AB746, s. 23 25Section 23. 118.163 (4) of the statutes is amended to read:

AB746,10,2

1118.163 (4) A person who is under 17 18 years of age on the date of disposition
2is subject to s. 938.342.

AB746, s. 24 3Section 24. 125.07 (4) (d) of the statutes is amended to read:

AB746,10,74 125.07 (4) (d) A person who is under 17 18 years of age on the date of disposition
5is subject to s. 938.344 unless proceedings have been instituted against the person
6in a court of civil or criminal jurisdiction after dismissal of the citation under s.
7938.344 (3).

AB746, s. 25 8Section 25. 125.07 (4) (e) 1. of the statutes is amended to read:

AB746,10,109 125.07 (4) (e) 1. In this paragraph, "defendant" means a person found guilty
10of violating par. (a) or (b) who is 17, 18, 19, or 20 years of age.

AB746, s. 26 11Section 26. 125.085 (3) (bt) of the statutes is amended to read:

AB746,10,1512 125.085 (3) (bt) A person who is under 17 18 years of age on the date of
13disposition is subject to s. 938.344 unless proceedings have been instituted against
14the person in a court of civil or criminal jurisdiction after dismissal of the citation
15under s. 938.344 (3).

AB746, s. 27 16Section 27. 165.83 (1) (c) 1. of the statutes is amended to read:

AB746,10,1817 165.83 (1) (c) 1. An act that is committed by a person who has attained the age
18of 17 18 and that is a felony or a misdemeanor.

AB746, s. 28 19Section 28. 165.83 (1) (c) 2. of the statutes is amended to read:

AB746,10,2220 165.83 (1) (c) 2. An act that is committed by a person who has attained the age
21of 10 but who has not attained the age of 17 18 and that would be a felony or
22misdemeanor if committed by an adult.

AB746, s. 29 23Section 29. 301.12 (2m) of the statutes is amended to read:

AB746,11,3

1301.12 (2m) The liability specified in sub. (2) shall not apply to persons 17 18
2years of age and older receiving care, maintenance, services, and supplies provided
3by prisons named in s. 302.01.

AB746, s. 30 4Section 30. 301.12 (14) (a) of the statutes is amended to read:

AB746,11,155 301.12 (14) (a) Except as provided in pars. (b) and (c), liability of a person
6specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17
718 years of age in residential, nonmedical facilities such as group homes, foster
8homes, treatment foster homes, child caring institutions, and juvenile correctional
9institutions is determined in accordance with the cost-based fee established under
10s. 301.03 (18). The department shall bill the liable person up to any amount of
11liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd-party
12benefits, subject to rules which that include formulas governing ability to pay
13promulgated by the department under s. 301.03 (18). Any liability of the resident not
14payable by any other person terminates when the resident reaches age 17 18, unless
15the liable person has prevented payment by any act or omission.

AB746, s. 31 16Section 31. 301.26 (3) (c) of the statutes is amended to read:

AB746,11,1917 301.26 (3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd),
18(h), and (ko), the department shall allocate funds to each county for services under
19this section.

AB746, s. 32 20Section 32. 301.26 (3) (em) of the statutes is amended to read:

AB746,12,221 301.26 (3) (em) The department may carry forward any emergency funds
22allocated under sub. (7) (e) and not encumbered or carried forward under par. (dm)
23by December 31 to the next 2 calendar years. The department may transfer moneys
24from or within s. 20.410 (3) (cd), (h), and (ko) to accomplish this purpose. The
25department may allocate these transferred moneys to counties that are eligible for

1emergency payments under sub. (7) (e). The allocation does not affect a county's base
2allocation.

AB746, s. 33 3Section 33. 301.26 (4) (a) of the statutes is amended to read:

AB746,12,154 301.26 (4) (a) Except as provided in pars. (c) and (cm), the department of
5corrections shall bill counties or deduct from the allocations under s. 20.410 (3) (cd),
6(h), and (ko) for the costs of care, services and supplies purchased or provided by the
7department of corrections for each person receiving services under s. 48.366, 938.183
8or 938.34 or the department of health and family services for each person receiving
9services under s. 46.057 or 51.35 (3). The department of corrections may not bill a
10county for or deduct from a county's allocation the cost of care, services and supplies
11provided to a person subject to an order under s. 48.366 or 938.183 after the person
12reaches 18 years of age. Payment shall be due within 60 days after the billing date.
13If any payment has not been received within 60 days, the department of corrections
14may withhold aid payments in the amount due from the appropriation under s.
1520.410 (3) (cd).

AB746, s. 34 16Section 34. 301.26 (6) (a) of the statutes is amended to read:

AB746,12,2017 301.26 (6) (a) The intent of this subsection is to develop criteria to assist the
18legislature in allocating funding, excluding funding for base allocations, from the
19appropriations under s. 20.410 (3) (cd), (h), and (ko) for purposes described in this
20section.

AB746, s. 35 21Section 35. 302.31 (7) of the statutes is amended to read:

AB746,13,222 302.31 (7) The temporary placement of persons in the custody of the
23department, other than persons under 17 18 years of age, and persons who have
24attained the age of 17 18 years but have not attained the age of 25 years who are
25under the supervision of the department under s. 48.366 or 938.355 (4) and who have

1been taken into custody pending revocation of aftercare supervision under s. 48.366
2(5) or 938.357 (5) (e).

AB746, s. 36 3Section 36. 938.02 (1) of the statutes is amended to read:

AB746,13,74 938.02 (1) "Adult" means a person who is 18 years of age or older, except that
5for purposes of investigating or prosecuting a person who is alleged to have violated
6any state or federal criminal law or any civil law or municipal ordinance, "adult"
7means a person who has attained 17 years of age.