AB100: Bill Text

AB100, s. 2472 Section 2472. 973.05 (2m) of the statutes is amended to read:

AB100,1055,4 973.05 (2m) Payments under this section shall be applied first to payment of the penalty surcharge until paid in full, shall then be applied to the payment of the jail surcharge until paid in full, shall then be applied to the payment of part A of the crime victim and witness assistance surcharge until paid in full, shall then be applied to part B of the crime victim and witness assistance surcharge until paid in full, shall then be applied to the child abuse prevention and child mental health surcharge until paid in full, shall then be applied to the crime laboratories and drug law enforcement surcharge until paid in full, shall then be applied to the deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to the drug abuse program improvement surcharge until paid in full, shall then be applied to payment of the driver improvement surcharge until paid in full, shall then be applied to the truck driver education surcharge if applicable until paid in full, shall then be applied to payment of the domestic abuse surcharge until paid in full, shall then be applied to payment of the consumer protection surcharge until paid in full, shall then be applied to payment of the natural resources surcharge if applicable until paid in full, shall then be applied to payment of the natural resources restitution surcharge until paid in full, shall then be applied to the payment of the environmental surcharge if applicable until paid in full, shall then be applied to the payment of the wild animal protection surcharge if applicable until paid in full, shall then be applied to payment of the weapons surcharge until paid in full, shall then be applied to payment of the uninsured employer surcharge until paid in full, shall then be applied to payment of the enforcement surcharge under s. 253.06 (4) (c), if applicable, until paid in full, and shall then be applied to payment of the fine and the costs and fees imposed under ch. 814.

AB100, s. 2473 Section 2473. 973.09 (1) (a) of the statutes is amended to read:

AB100,1055,15 973.09 (1) (a) Except as provided in par. (c) or if probation is prohibited for a particular offense by statute, if a person is convicted of a crime, the court, by order, may withhold sentence or impose sentence under s. 973.15 and stay its execution, and in either case place the person on probation to the department for a stated period, stating in the order the reasons therefor. The court may impose any conditions which appear to be reasonable and appropriate. The period of probation may be made consecutive to a sentence on a different charge, whether imposed at the same time or previously. If the court imposes an increased term of probation, as authorized under sub. (2) (a) 2. or (b) 2. or s. 939.621 (3), it shall place its reasons for doing so on the record.

AB100, s. 2474 Section 2474. 973.09 (2) (a) 1. of the statutes is amended to read:

AB100,1055,18 973.09 (2) (a) 1. Except as provided in subd. 2. and s. 939.621 (3), for Class A misdemeanors, not less than 6 months nor more than 2 years one year.

AB100, s. 2475 Section 2475. 973.09 (2) (a) 1m. of the statutes is created to read:

AB100,1055,21 973.09 (2) (a) 1m. Except as provided in subd. 2. and s. 939.621 (3), for misdemeanors not covered by subd. 1., not more than 6 months.

AB100, s. 2476 Section 2476. 978.03 (1) of the statutes is amended to read:

AB100,1056,7 978.03 (1) The district attorney of any prosecutorial unit having a population of 500,000 or more may appoint 5 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration justice and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

AB100, s. 2477 Section 2477. 978.03 (1m) of the statutes is amended to read:

AB100,1056,19 978.03 (1m) The district attorney of any prosecutorial unit having a population of 200,000 or more but not more than 499,999 may appoint 3 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration justice and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

AB100, s. 2478 Section 2478. 978.03 (2) of the statutes is amended to read:

AB100,1057,4 978.03 (2) The district attorney of any prosecutorial unit having a population of 100,000 or more but not more than 199,999 may appoint one deputy district attorney and such assistant district attorneys as may be requested by the department of administration justice and authorized in accordance with s. 16.505. The deputy may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputy may perform any act required by law to be performed by the district attorney. The deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

AB100, s. 2479 Section 2479. 978.03 (3) of the statutes is amended to read:

AB100,1057,11 978.03 (3) Any assistant district attorney under sub. (1), (1m), or (2) must be an attorney admitted to practice law in this state and, except as provided in ss. s. 978.043 and 978.044, may perform any duty required by law to be performed by the district attorney. The district attorney of the prosecutorial unit under sub. (1), (1m), or (2) may appoint such temporary counsel as may be authorized by the department of administration justice.

AB100, s. 2480 Section 2480. 978.04 of the statutes is amended to read:

AB100,1057,20 978.04 Assistants in certain prosecutorial units. The district attorney of any prosecutorial unit having a population of less than 100,000 may appoint one or more assistant district attorneys as necessary to carry out the duties of his or her office and as may be requested by the department of administration justice and authorized in accordance with s. 16.505. Any such assistant district attorney must be an attorney admitted to practice law in this state and, except as provided in s. 978.043, may perform any duty required by law to be performed by the district attorney.

AB100, s. 2481 Section 2481. 978.044 of the statutes is repealed.

AB100, s. 2482 Section 2482. 978.045 (1g) of the statutes is amended to read:

AB100,1058,9 978.045 (1g) A court on its own motion may appoint a special prosecutor under sub. (1r) or a district attorney may request a court to appoint a special prosecutor under that subsection. Before a court appoints a special prosecutor on its own motion or at the request of a district attorney for an appointment that exceeds 6 hours per case, the court or district attorney shall request assistance from a district attorney, deputy district attorney or assistant district attorney from other prosecutorial units or an assistant attorney general. A district attorney requesting the appointment of a special prosecutor, or a court if the court is appointing a special prosecutor on its own motion, shall notify the department of administration justice, on a form provided by that department, of the district attorney's or the court's inability to obtain assistance from another prosecutorial unit or from an assistant attorney general.

AB100, s. 2483 Section 2483. 978.045 (2) (b) of the statutes is amended to read:

AB100,1058,12 978.045 (2) (b) The department of administration justice shall pay the compensation ordered by the court from the appropriation under s. 20.475 (1) (d).

AB100, s. 2484 Section 2484. 978.05 (4m) of the statutes is amended to read:

AB100,1058,16 978.05 (4m) Welfare fraud investigations. Cooperate with the department departments of workforce development and health and family services regarding the fraud investigation program programs under s. ss. 49.197 (1m) and 49.845 (1).

AB100, s. 2485 Section 2485. 978.05 (8) (b) of the statutes is amended to read:

AB100,1059,2 978.05 (8) (b) Hire, employ, and supervise his or her staff and, subject to ss. s. 978.043 and 978.044, make appropriate assignments of the staff throughout the prosecutorial unit. The district attorney may request the assistance of district attorneys, deputy district attorneys, or assistant district attorneys from other prosecutorial units or assistant attorneys general who then may appear and assist in the investigation and prosecution of any matter for which a district attorney is responsible under this chapter in like manner as assistants in the prosecutorial unit and with the same authority as the district attorney in the unit in which the action is brought. Nothing in this paragraph limits the authority of counties to regulate the hiring, employment, and supervision of county employees.

AB100, s. 2486 Section 2486. 978.11 of the statutes is amended to read:

AB100,1059,5 978.11 Budget. The department of administration justice shall prepare the budget of the prosecution system and submit it in accordance with s. 16.42.

AB100, s. 2487 Section 2487. 978.12 (5) (c) 1. of the statutes is amended to read:

AB100,1059,13 978.12 (5) (c) 1. The salaries authorized under this section for the district attorney and the state employees of the office of district attorney shall be paid by the secretary of administration to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration justice. The county treasurer shall pay the amounts directly to the district attorney and state employees of the office of district attorney and the amounts paid shall be subject to the retirement system established under chapter 201, laws of 1937.

AB100, s. 2488 Section 2488. 978.13 (1) (b) of the statutes is amended to read:

AB100,1059,21 978.13 (1) (b) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving felony violations under ch. 961. The secretary of administration shall pay the amount authorized under this subsection to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration justice from the appropriation under s. 20.475 (1) (i).

AB100, s. 2489 Section 2489. 978.13 (1) (c) of the statutes is amended to read:

AB100,1060,5 978.13 (1) (c) In counties having a population of 500,000 or more, the salary and fringe benefit costs of clerk positions in the district attorney's office necessary for the prosecution of violent crime cases primarily involving felony violations under s. 939.63, if a felony is committed while armed, and under ss. 940.01 to 940.03, 940.05, 940.06, 940.225, 943.23 (1g), and 943.32 (2). The secretary of administration shall pay the amount authorized under this subsection to the county treasurer pursuant to a voucher submitted by the district attorney to the secretary department of administration justice from the appropriation under s. 20.475 (1) (i).

AB100, s. 2490 Section 2490. 978.13 (1) (d) of the statutes is amended to read:

AB100,1060,13 978.13 (1) (d) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving the unlawful possession or use of firearms. The secretary of administration shall pay the amount authorized under this subsection to the county treasurer from the appropriation under s. 20.475 (1) (f) or (i) pursuant to a voucher submitted by the district attorney to the department of administration justice.

AB100, s. 2491 Section 2491. 978.13 (1m) of the statutes is amended to read:

AB100,1060,16 978.13 (1m) The amount paid under sub. (1) (b), (c), and (d) combined may not exceed the amount appropriated under s. 20.475 (1) (f) and (i) combined.

AB100, s. 2492 Section 2492. 985.04 of the statutes is amended to read:

AB100,1061,5 985.04 Official state newspaper. The joint committee on legislative organization shall recommend to the legislature to secretary of administration shall designate some newspaper published in Wisconsin to be the official state newspaper, which shall publish all legal notices required to be published therein. Any such publication from any of the state agencies shall be deemed official. The joint committee secretary of administration may invite bids from all newspapers which meet the requirements of s. 985.03, but if it the secretary does so, it he or she is not required to recommend designate the lowest bidder as the official state newspaper. The joint committee shall introduce its recommendation in the legislature in the form of a joint resolution. No designation takes effect until the joint resolution is adopted. A newspaper which is designated the official state newspaper under this section shall continue as such until the legislature secretary of administration designates another newspaper to be the official state newspaper.

AB100, s. 2493 Section 2493. 1997 Wisconsin Act 27, section 9456 (3m) (a), as last affected by 2003 Wisconsin Act 48, is repealed.

AB100, s. 2494 Section 2494. 1999 Wisconsin Act 9, section 9401 (2zt), as last affected by 2003 Wisconsin Act 33, is repealed.

AB100, s. 2495 Section 2495. 1999 Wisconsin Act 9, section 9401 (2zu), as last affected by 2003 Wisconsin Act 33, is repealed.

AB100, s. 2496 Section 2496. 2001 Wisconsin Act 74, section 23 (5) is repealed.

AB100, s. 2497 Section 2497. 2003 Wisconsin Act 33, section 9159 (4f) is repealed.

AB100, s. 2498 Section 2498. 2003 Wisconsin Act 318, section 3 is repealed.

AB100, s. 2499 Section 2499. 2003 Wisconsin Act 318, section 4 is repealed.

AB100, s. 2500 Section 2500. 2003 Wisconsin Act 318, section 6 is repealed.

AB100, s. 2501 Section 2501. 2003 Wisconsin Act 318, section 11 is repealed.

AB100, s. 2502 Section 2502. 2003 Wisconsin Act 318, section 13 is repealed.

AB100, s. 2503 Section 2503. 2003 Wisconsin Act 318, section 14 is repealed.

AB100, s. 2504 Section 2504. 2003 Wisconsin Act 318, section 15 is repealed.

AB100, s. 2505 Section 2505. 2003 Wisconsin Act 318, section 17 is repealed.

AB100, s. 2506 Section 2506. 2003 Wisconsin Act 318, section 18 is repealed.

AB100, s. 2507 Section 2507. 2003 Wisconsin Act 318, section 20 is repealed.

AB100, s. 2508 Section 2508. 2003 Wisconsin Act 318, section 22 is repealed.

AB100, s. 2509 Section 2509. 2003 Wisconsin Act 318, section 25 (3) is renumbered 49.45 (6tw) of the statutes and amended to read:

AB100,1062,10 49.45 (6tw) Payments to city health departments. From the appropriation account under section s. 20.435 (7) (b) of the statutes, as affected by this act, in state fiscal year 2004-05, the department of health and family services may make payments to local health departments, as defined under s. 250.02 (4) (a) 3. of the statutes. Payment under this subsection to such a local health department may not exceed on an annualized basis payment made by the department of health and family services to the local health department under section s. 49.45 (6t) of the statutes, 2003 stats., for services provided by the local health department in 2002.

AB100, s. 2510 Section 2510. 2003 Wisconsin Act 318, section 27 is repealed.

AB100, s. 9101 Section 9101. Nonstatutory provisions; administration.

AB100,1062,19 (1) Prosecution of drug crimes; Milwaukee County. From federal and program revenue moneys appropriated to the department of administration for the office of justice assistance under section 20.505 (6) (kp) and (p) of the statutes, the department of administration shall expend $154,000 in fiscal year 2005-06 and $154,000 in fiscal year 2006-07 to provide the multijurisdictional enforcement group serving Milwaukee County with funding for 1.5 assistant district attorney positions to prosecute criminal violations of chapter 961 of the statutes.

AB100,1063,2 (2) Prosecution of drug crimes; Dane County. From federal and program revenue moneys appropriated to the department of administration for the office of justice assistance under section 20.505 (6) (kp) and (p) of the statutes, the department of administration shall expend $50,100 in fiscal year 2005-06 and $50,100 in fiscal year 2006-07 to provide the multijurisdictional enforcement group serving Dane County with funding for 0.5 assistant district attorney position to prosecute criminal violations of chapter 961 of the statutes.

AB100,1063,8 (3) Forward Wisconsin, inc. Notwithstanding section 20.001 (3) (a) of the statutes, in the 2006-07 fiscal year Forward Wisconsin, Inc., may not spend $1,000,000 of the amount appropriated under section 20.143 (1) (bm) of the statutes, as affected by this act, unless the department of administration certifies that Forward Wisconsin, Inc., has raised at least $2,000,000 in private funds during the 2005-06 and 2006-07 fiscal years.

AB100,1063,9 (4) Sale of certain state property.

AB100,1063,12 (a) 1. No later than July 1, 2006, the secretary of administration shall review all holdings of state-owned real property for potential sale, except as provided in subdivision 2.

AB100,1063,15 2. Subdivision 1. does not apply to any property, facility, or institution the closure or sale of which is not authorized under section 16.848 of the statutes, as created by this act.

AB100,1063,24 (b) No later than October 1, 2006, the secretary of administration shall submit a report to the secretary of the building commission containing an inventory of his or her recommendations to offer specified state properties for sale under section 16.848 of the statutes, as created by this act, and the reasons therefor. A property may be included in the inventory with or without approval of the state agency having jurisdiction of the property. If, on or before June 30, 2007, the building commission votes to approve the sale of any property included in the inventory, the department of administration may offer the property for sale under section 16.848 of the statutes, as created by this act.

AB100,1063,25 (c) This subsection does not apply after June 30, 2007.

AB100,1064,5 (5) Health care quality and patient safety board; initial appointments. Notwithstanding the length of terms specified in section 15.105 (13) (b) of the statutes, as created by this act, the initial members of the health care quality and patient safety board shall be appointed by the first day of the 4th month beginning after the effective date of this subsection for the following terms:

AB100,1064,7 (a) The representative of hospitals, the employer purchaser of health care, and the representative of the insurance industry, for terms expiring on May 1, 2009.

AB100,1064,9 (b) The physician, the representative of health maintenance organizations, and the member who represents the public interest, for terms expiring on May 1, 2011.

AB100,1064,14 (6) Health care quality and patient safety board; study of physician information database. By March 1, 2006, the health care quality and patient safety board shall study and make recommendations to the governor concerning the feasibility of creating a centralized physician information database, including through a joint public and private effort.

AB100,1064,16 (7) Health care quality and patient safety board; study of rules. By October 1, 2006, the health care quality and patient safety board shall do all of the following:

AB100,1064,19 (a) Study and make recommendations to the governor concerning the rules required and authorized to be promulgated by the department of health and family services under section 153.75 of the statutes.

AB100,1064,22 (b) Promote the collection and availability of information regarding the quality and price of health care required to enable consumers and health care purchasers to make wise health care choices.

AB100,1065,2 (c) Foster the creation and evolution of public-private health care partnerships, agreements on standard health care data sets and reporting protocols, and transparency of health care information for purchasing purposes, including the development of an integrated health care data repository.

AB100,1065,15 (8) Health care quality and patient safety board; plan and strategies. By January 1, 2007, develop a plan and specific strategies, including awarding grants or making loans under section 153.076 (2) of the statutes, as created by this act, to deploy health care information systems technology for health care quality, safety, and efficiency, within a reasonable time and using reasonable financial investments. The plan shall consider the extent to which an integrated or interoperable system or underlying technology may be most cost effective, including by assessing benefits of the system for supporting rapid deployment for supporting medical care practitioners, promoting accurate and appropriate shared information about individual patients among health care providers, standardizing performance indicators among health care provider organizations to improve organization performance, and public reporting of quality, safety, and efficiency data for consumer and health care purchaser decision making.

AB100,1065,24 (9) Report regarding alternative dispositions for non-violent offenders. The sentencing commission shall review sentences imposed on individuals who are convicted of nonviolent offenses, other than crimes under section 23.33 (4c), 30.681, 346.63, or 350.101 of the statutes or, if the offense involved the use of a vehicle, under section 940.09 or 940.25 of the statutes, and develop recommendations for alternative dispositions for those individuals that may be used by courts at or before sentencing. By December 31, 2005, the sentencing commission shall submit its recommendations in a report to the legislature in the manner provided under section 13.172 (2) of the statutes.

AB100, s. 9102 Section 9102. Nonstatutory provisions; aging and long-term care board.

AB100, s. 9103 Section 9103. Nonstatutory provisions; agriculture, trade and consumer protection.

AB100,1066,3 (1) Transfer of consumer protection functions.

AB100,1066,12 (a) Assets and liabilities. All assets and liabilities of the department of agriculture, trade and consumer protection that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act shall become the assets and liabilities of the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly determine these assets and liabilities and shall jointly develop and implement a plan for their orderly transfer. In the event of any disagreement between the departments, the secretary of administration shall resolve the disagreement.

AB100,1066,20 (b) Employee transfers. The departments of justice and agriculture, trade and consumer protection shall jointly determine which positions that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act shall be transferred to the department of justice. In the event of a disagreement between the departments, the secretary of administration shall resolve the disagreement. The positions determined to be transferred under this paragraph, and the incumbent employees in those positions, shall be transferred to the department of justice.

AB100,1067,3 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of justice that they enjoyed in the department of agriculture, trade and consumer protection immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB100,1067,12 (d) Supplies and equipment. All tangible personal property, including records, of the department of agriculture, trade and consumer protection that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act are transferred to the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly identify the tangible personal property, including records, and shall jointly develop and implement a plan for their orderly transfer. In the event of a disagreement between the departments, the secretary of administration shall resolve the disagreement.

AB100,1067,19 (e) Pending matters. Any matter pending with the department of agriculture, trade and consumer protection that is primarily related to a consumer protection program or function that is being transferred to the department of justice under this act is being transferred to the department of justice. All materials submitted to or actions taken by the department of agriculture, trade and consumer protection with respect to the pending matter are considered as having been submitted to or taken by the department of justice.

AB100,1068,7 (f) Contracts. All contracts entered into by the department of agriculture, trade and consumer protection or by the department of justice that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act, and that are in effect on the effective date of this paragraph, remain in effect and those contracts entered into by the department of agriculture, trade and consumer protection are transferred to the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly identify these contracts and shall jointly develop and implement a plan for their orderly transfer. In the event of any disagreement between the departments, the secretary of administration shall resolve the disagreement. The department of justice shall carry out the obligations under these contracts until the obligations are modified or rescinded by the department of justice to the extent allowed under the contract.