(6m) Attorney for state witnesses.
At the request of the head of any department or agency of state government, the attorney general may appear for and represent any state official, employee or agent who is required to appear as a witness in any administrative or civil matter.
(7) Keep record of actions.
The department shall keep a record of all actions and demands prosecuted or defended by the department on behalf of the state and all related proceedings. The department may dispose of public records in accordance with s. 16.61
(8) Historical society contracts.
In subs. (1)
, treat any nonprofit corporation operating a museum under a lease agreement with the state historical society as a department of state government and any official, employee or agent of such a corporation as a state official, employee or agent.
(8m) Local emergency planning committees.
In subs. (1)
, treat any local emergency planning committee appointed by a county board under s. 59.54 (8) (a)
as a department of state government and any member of such a committee as a state official, employee or agent.
(9) Perform other duties.
The department of justice shall perform all other duties imposed upon the department by law.
(10) Report on restitution.
Semiannually submit a report to the department of administration and the joint committee on finance regarding money received by the department of justice under a court order or a settlement agreement for providing restitution to victims. The report shall specify the amount of restitution received by the department of justice during the reporting period; the number of persons to whom the department of justice paid restitution and the total amount that the department of justice paid to all recipients during the reporting period; and the department of justice's methodology for selecting recipients and determining the amount paid to each recipient.
(10m) Report on grants.
Beginning on January 15, 2015, and annually thereafter, the department of justice shall submit a report to the legislature under s. 13.172 (2)
, regarding its administration of grant programs under ss. 165.95
, and 165.987
. The report shall include, for each grant program, all of the following information:
The amount of each grant awarded by the department of justice for the previous fiscal year.
The grant recipient to whom each grant was awarded.
The methodology used by the department of justice to choose grant recipients and to determine the level of grant funding for each grant recipient.
Performance measures created by the department of justice for each grant program.
Reported results from each grant recipient in each fiscal year as to the attainment of performance measures the department of justice developed for the grant recipient.
(11) Report on field prosecutor positions.
The department of justice shall submit an annual report to the joint committee on finance regarding the field prosecutor attorney positions created under 2017 Wisconsin Act 261
, section 13
. The report shall describe the activities and assess the effectiveness of the attorneys in assisting the division of criminal investigation in the field offices of Wausau and Appleton and in assisting district attorneys in the prosecution of drug-related offenses.
(12) Representation arising from agreements with Minnesota.
Represent any employee of the state of Minnesota who is named as a defendant in any civil action brought under the laws of this state as a result of performing services for this state under a valid agreement between this state and the state of Minnesota providing for interchange of employees or services and any employee of this state who is named as a defendant as a result of performing services for the state of Minnesota under such an agreement in any action brought under the laws of this state. Witness fees in any action specified in this subsection shall be paid in the same manner as provided in s. 885.07
. The attorney general may compromise and settle any action specified in this subsection to the same extent as provided in s. 165.25 (6) (a)
(13) Juvenile justice improvement plan.
Serve as the state planning agency under the juvenile justice and delinquency prevention act of 1974, P.L. 93-415
. The department shall prepare a state comprehensive juvenile justice improvement plan. The plan shall be submitted to the governor, the joint committee on finance in accordance with s. 16.54
, and to the appropriate standing committees of each house of the legislature as determined by the presiding officer of each house. The plan shall be updated periodically and shall be based on an analysis of the state's juvenile justice needs and problems.
(14) Cooperation and assistance.
Cooperate with and render technical assistance to state agencies and units of local government and public or private agencies relating to the criminal and juvenile justice system.
(15) Contracts and expenditures.
Apply for contracts or receive and expend for its purposes any appropriation or grant from the state, a political subdivision of the state, the federal government or any other source, public or private, in accordance with the statutes.
(16) Rules regarding concealed weapons licenses.
Promulgate by rule a list of states that issue a permit, license, approval, or other authorization to carry a concealed weapon if the permit, license, approval, or other authorization requires, or designates that the holder chose to submit to, a background search that is comparable to a background check as defined in s. 175.60 (1) (ac)
(18) Crime laboratories; deoxyribonucleic acid analysis.
Determine the amount required to fund the appropriation account under s. 20.455 (2) (Lm)
(19) Crime laboratories; deoxyribonucleic acid analysis surcharges.
If the appropriation account under s. 20.455 (2) (Lp)
is anticipated to go into deficit, promptly notify the joint committee on finance in writing of the anticipated deficit.
History: 1971 c. 125
s. 522 (1)
; 1971 c. 215
; 1973 c. 333
; 1975 c. 81
; 1977 c. 29
s. 1656 (27)
; 1977 c. 187
; 1981 c. 20
; 1983 a. 27
; 1983 a. 36
s. 96 (2)
, (3), (4); 1983 a. 192
; 1985 a. 29
; 1987 a. 416
; 1989 a. 31
; 1991 a. 25
; 1993 a. 27
; 1995 a. 27
, 9126 (19)
; 1995 a. 201
; 1997 a. 27
; 2001 a. 16
; 2003 a. 111
; 2005 a. 96
; 2007 a. 1
; 2007 a. 20
, 9121 (6) (a)
; 2007 a. 76
; 2009 a. 2
; 2011 a. 32
; 2013 a. 20
; 2013 a. 166
; 2013 a. 173
; 2015 a. 55
; 2017 a. 59
It would be nonsensical to interpret sub. (1m) as prohibiting the state from entering into a contract with special counsel under which litigation expenses that would normally be paid for with taxpayer dollars are instead paid for by special counsel who agrees to recover the expense only from defendants through an award of costs. State v. Abbott Laboratories, 2013 WI App 31
, 346 Wis. 2d 565
, 829 N.W.2d 753
On the facts of this case, the superintendent of public instruction and the Department of Public Instruction were entitled to counsel of their choice and were not required to be represented by the Department of Justice. Koschkee v. Evers, 2018 WI 82
, 382 Wis. 2d 666
, 913 N.W.2d 878
For the attorney general to prosecute violations of the election, lobby, and ethics laws, there must be a specific statute authorizing the attorney general to independently initiate the prosecution of civil and criminal actions involving violations of those laws unless there is a referral to the attorney general by the Government Accountability Board under s. 5.05 (2m) (c) 16. or unless the attorney general or an assistant attorney general has been appointed as special prosecutor to serve in lieu of the district attorney. OAG 10-08
The powers of the attorney general in Wisconsin. Van Alstyne, Roberts, 1974 WLR 721.
Representation in sexually violent person commitment proceedings.
The department of justice may, at the request of an agency under s. 980.02 (1)
, represent the state in sexually violent person commitment proceedings under ch. 980
History: 1993 a. 479
Department of justice may have cases printed.
In all state cases to be argued in the supreme court by the department of justice, the department may require the printing by the state printer, when necessary, of the briefs and appendices of the department; and the account therefor shall be paid out of the state treasury and charged to the appropriation in s. 20.455 (1) (d)
History: 1971 c. 125
s. 522 (1)
; 1977 c. 29
s. 1656 (27)
; 1977 c. 187
; Stats. 1977 s. 165.26.
Office of school safety.
The office of school safety shall do all of the following:
In conjunction with the department of public instruction, create model practices for school safety. The department of public instruction shall provide any resources or staff requested by the office to create the model practices. The office shall also consult the Wisconsin School Safety Coordinators Association and the Wisconsin Safe and Healthy Schools Training and Technical Assistance Center.
Coordinate with schools under s. 118.07 (4) (cf)
and the department of administration to compile blueprints and geographic information system maps for all schools. The office shall keep all blueprints and maps confidential unless a law enforcement agency requests access to the blueprints or maps.
Offer, or contract with another party to offer, training to school staff on school safety. Training subjects may include trauma informed care and how adverse childhood experiences have an impact on a child's development and increase needs for counseling or support. If a school receives under s. 165.88 (2) (b)
a grant for the training under this subsection, the office may charge a fee for the training.
History: 2017 a. 143
Collection of delinquent obligations. 165.30(1)(b)
“Obligation" includes any amount payable to the state, including accounts, charges, claims, debts, fees, fines, forfeitures, interest, judgments, loans, penalties and taxes.
(2) Bankruptcy cases.
The department of justice shall monitor bankruptcy cases filed in bankruptcy courts in this state and other states, notify departments that may be affected by those bankruptcy cases, and represent the interests of the state in bankruptcy cases and related adversary proceedings.
All obligations collected by the department of justice under this section shall be paid to the secretary of administration and deposited in the appropriate fund.
From the amount of obligations collected by the department of justice under this section, the secretary of administration shall credit an amount equal to the reasonable and necessary expenses incurred by the department of justice related to collecting those obligations to the appropriation account under s. 20.455 (1) (gs)
History: 1995 a. 27
; 2003 a. 33
Acquisition of hospitals. 165.40(1)(a)
“Acquisition" means the long-term leasing of a hospital or a system of hospitals, or the acquiring by a person of an ownership or controlling interest in a hospital or a system of hospitals that results in one of the following:
A change of at least 20 percent ownership or control.
Possession by the person of at least 50 percent ownership or control.
“Department" means the department of health services.
“Local agency" means an agency of a county, city, village or town.
“Office" means the office of the commissioner of insurance.
“Person" means an individual, sole proprietorship, partnership, association, limited liability company, corporation or joint stock company, lessee, trustee or receiver.
“State agency" has the meaning given in s. 16.004 (12) (a)
, except that it includes the University of Wisconsin Hospitals and Clinics Authority.
(2) Prohibition; approval required. 165.40(2)(a)(a)
Except as provided in sub. (5)
, no person may engage in the acquisition of a hospital or a system of hospitals owned by any of the following unless the person has first received review and approval of an application concerning the acquisition under this section from the attorney general, the office and the department:
The University of Wisconsin Hospitals and Clinics Authority.
If the proposed acquisition under this subsection is for a system of hospitals, the person who proposes to engage in the acquisition shall provide notice of the impending acquisition to the attorney general, to the office and to the department at least 30 days before the offer to purchase or lease is made. The attorney general shall, within 5 days after receipt of the notice, determine and notify the person as to whether a single application for the system or an application for each hospital within the system shall be submitted for review. If the attorney general determines that an application for each hospital within the system shall be submitted, no submitted application is complete until all complete applications for the hospitals within the system are submitted to the attorney general, to the office and to the department.
(3) Application review by the attorney general, the office and the department; procedures. 165.40(3)(a)
An application for review by the attorney general, the office and the department that is required under sub. (2)
shall, at the time the offer to purchase or lease is made, be submitted to the attorney general, to the office and to the department on a form that is provided by the attorney general. The application shall include all of the following:
The name of the purchaser or lessee and, if applicable, other parties to the acquisition.
A financial and economic analysis and report by an independent expert or consultant of the effect of the acquisition under the standards specified in sub. (4)
An application and all documents related to the application, as specified in par. (a)
, are public records for the purposes of subch. II of ch. 19
Within 5 working days after receipt of a completed application under par. (a)
, the attorney general shall do all of the following:
Have notice of the application published as a class 2 notice, under ch. 985
, in a newspaper having general circulation in the community or communities in which the hospital or system of hospitals to be sold or leased is located.
Notify by 1st class mail any person who has requested that the attorney general provide notice of the filing of hospital acquisition review applications.
Notice or a notification under subd. 1.
shall state all of the following:
That a hospital acquisition review application has been received.
The contents of the hospital acquisition review application.
The date by which a person may submit written comments about the hospital acquisition review application to the attorney general.
That a public meeting will be held on the acquisition proposed by the application, the time and location of the meeting and the fact that any person may file written comments or exhibits for the meeting or may appear and make a statement at the meeting.
Not later than 30 days after receipt of a completed application under sub. (2) (a)
, or as soon as practicable but not more than 120 days after receipt of a completed application under sub. (2) (b)
, and after giving 10 working days' notice, the attorney general shall hold a public meeting at a location that, at a minimum, is in the community served by the hospital, on the acquisition proposed by the application. If the proposed acquisition is for a system of hospitals, a public meeting shall be held in each community served by the system. Any person may file written comments or exhibits for the meeting or may appear and make a statement at the meeting.
The attorney general shall establish and maintain a summary of written and oral comments made for or at the public meeting, including all questions posed, and shall require answers of the appropriate parties. The attorney general shall in an expeditious manner provide the office and the department with a copy of the summary and answers. The summary and answers shall be filed in the office of the attorney general and in the public library of the public library system for the community served by the hospital and a copy shall be available upon request to the attorney general.
The attorney general may subpoena additional information or witnesses, require and administer oaths, require sworn statements, take depositions and use related discovery procedures for purposes of the meeting under par. (d)
and otherwise during performance of a review under this subsection. The attorney general shall in an expeditious manner provide the office and the department with copies of any information obtained by the attorney general under this paragraph.
The attorney general shall provide the office and the department with any information about the application that is in addition to that which the attorney general has previously provided the office and the department. Within 60 days after receipt of a completed application under sub. (2) (a)
or as soon as practicable but not more than 150 days after receipt of a completed application under sub. (2) (b)
, the attorney general, the office and the department shall each independently review the application in accordance with the standards specified in sub. (4)
and shall approve or disapprove the application. The attorney general, the office and the department may not make a decision under this paragraph based on any condition that is not directly related to the standards under sub. (4)
. The attorney general, the office and the department shall jointly agree on a single release date for the decisions each has made under this paragraph and shall release their decisions on that date.
If the attorney general, the office or the department disapproves an application under par. (g)
, any of the following may bring an action in circuit court for a declaratory judgment under s. 806.04
as to whether the proposed acquisition meets the standards under sub. (4)