165.65   Drug disposal program.
165.68   Address confidentiality program.
165.70   Investigation of statewide crime.
165.71   Human trafficking resource center hotline poster.
165.72   Controlled substances hotline and rewards for controlled substances tips.
165.75   Crime laboratories.
165.755   Crime laboratories and drug law enforcement surcharge.
165.76   Submission of human biological specimen.
165.765   Biological specimen; force and immunity.
165.77   Deoxyribonucleic acid analysis and data bank.
165.775   Sexual assault kits.
165.776   Sexual assault kit tracking system.
165.78   Information center; training activities.
165.785   Crime alert network.
165.79   Evidence privileged.
165.80   Cooperation with other state departments.
165.81   Disposal of evidence.
165.82   Criminal history search fee.
165.825   Information link.
165.827   Transaction information for the management of enforcement system; fees.
165.8285   Transaction information for management of enforcement system; department of corrections records.
165.8287   Transaction information for management of enforcement system; department of transportation photographs.
165.83   Criminal identification, records and statistics.
165.84   Cooperation in criminal identification, records and statistics.
165.845   Collection and reporting of crime and criminal justice data.
165.85   Law enforcement standards board.
165.86   Law enforcement training.
165.87   Body cameras and law enforcement.
165.88   Grants for school safety.
165.89   Grants to certain counties for law enforcement programs.
165.90   County-tribal law enforcement programs.
165.91   Grants to tribes for law enforcement programs.
165.92   Tribal law enforcement officers; powers and duties.
165.93   Sexual assault victim services; grants.
165.937   Grants for protection of elders.
165.94   Global positioning system pilot programs; grants.
165.95   Alternatives to incarceration; grant program.
165.955   Drug court; grant program.
165.957   Frequent testing for use of alcohol or a controlled substance; pilot program.
165.96   Child advocacy grants.
165.967   Court appointed special advocates; grants.
165.98   Grants for body cameras for law enforcement officers.
165.982   Weed and seed project grants.
165.983   Law enforcement technology grants.
165.984   Law enforcement drug trafficking response grants.
165.986   Beat patrol officers; grant program.
165.987   Youth diversion programs; grant program.
165.989   Community-oriented policing-house grant program.
165.015 165.015 Duties. The attorney general shall:
165.015(1) (1) Give opinion to officers. Give his or her opinion in writing, when required, without fee, upon all questions of law submitted to him or her by the legislature, either house thereof or the senate or assembly committee on organization, or by the head of any department of state government.
165.015(2) (2) Protect trust funds. Examine all applications for loans from any of the trust funds, and furnish to the commissioners of public lands his or her opinion in writing as to the regularity of each such application, and also of the validity of any bonds or other securities purchased for the benefit of such funds.
165.015(3) (3) Certify bonds. Examine a certified copy of all proceedings preliminary to any issue of state bonds or notes, and, if found regular and valid, endorse on each bond or note his or her certificate of such examination and validity. The attorney general shall also make similar examinations and certificates respecting municipal bonds in the cases specified in s. 67.025.
165.015(4) (4) Keep statement of fees. Keep a detailed statement of all fees, including his or her fees as commissioner of public lands, received by him or her during the preceding year, and file such statement with the department of administration on or before June 30 in each year.
165.015(5) (5) Report to legislature. Upon request of the legislature or either house thereof, submit a report upon any matters pertaining to the duties of his or her office to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2).
165.015(6) (6) Perform other duties. Perform all other duties imposed upon the attorney general by law.
165.015 History History: 1971 c. 40 s. 93; 1971 c. 125; 1983 a. 36 s. 96 (2); 1987 a. 186; 1993 a. 482.
165.015 Annotation The attorney general, absent a specific legislative grant of power, is devoid of the inherent power to initiate and prosecute litigation intended to protect or promote the interests of the state or its citizens and cannot act for the state as parens patriae. Flatley v. State, 63 Wis. 2d 254, 217 N.W.2d 258 (1974).
165.015 Annotation The attorney general does not have authority to challenge the constitutionality of statutes. Any authority the attorney general has is found in the statutes. The attorney general's constitutional powers and statutory powers are one and the same. State v. City of Oak Creek, 2000 WI 9, 232 Wis. 2d 612, 605 N.W.2d 526, 97-2188.
165.015 Annotation The Powers of the Attorney General in Wisconsin. Van Alstyne & Roberts. 1974 WLR 721.
165.017 165.017 Review of certain detentions or petitions for commitment.
165.017(2)(2)The attorney general or his or her designee shall review and approve or disapprove all proposed petitions for commitment of individuals as specified under s. 51.20 (1) (ad) 1.
165.017(4) (4)Subsection (2) does not apply if the attorney general makes a finding that a court of competent jurisdiction in this state, in a case in which the constitutionality of s. 51.20 (1) (a) 2. e. has been challenged, has upheld the constitutionality of s. 51.20 (1) (a) 2. e.
165.017 History History: 1995 a. 292; 2001 a. 16.
165.02 165.02 Federal appropriations adjustments.
165.02(1)(1)In this section, “the schedule" means the schedule under s. 20.005 (3) as published in the biennial budget act for the first fiscal year of a fiscal biennium and as approved by the joint committee on finance under s. 20.004 (2) for the 2nd fiscal year of a fiscal biennium.
165.02(2) (2)
165.02(2)(a)(a) Subject to par. (b), annually by December 1 or within 30 days after the applicable federal appropriation bill for that federal fiscal year has been enacted, whichever is later, the attorney general shall submit to the joint committee on finance a plan identifying how the attorney general proposes to adjust the federal appropriations for the department of justice for that state fiscal year to reflect the most recent estimate of the amount of federal funds that the department of justice will be appropriated in that state fiscal year.
165.02(2)(b) (b) The attorney general is required to submit a plan under par. (a) only if the most recent estimate of the amount of federal funds that the department of justice will be appropriated under s. 20.455 in the current state fiscal year is less than 95 percent or more than 105 percent of the amount of federal revenue shown in the schedule for the appropriations under s. 20.455 in that fiscal year.
165.02(3) (3)After receiving a plan under sub. (2) (a), the cochairpersons of the joint committee on finance jointly shall determine whether the plan is complete. If the joint committee on finance meets and either approves or modifies and approves a plan submitted under sub. (2) (a) within 14 days after the cochairpersons determine that the plan is complete, the attorney general shall implement the plan as approved by the committee. If the joint committee on finance does not meet and either approve or modify and approve a plan submitted under sub. (2) (a) within 14 days after the cochairpersons determine that the plan is complete, the attorney general shall implement the proposed plan.
165.02 History History: 1997 a. 86.
165.055 165.055 Appointments.
165.055(1)(1)The attorney general may appoint a deputy attorney general and assistants each of whom shall be an attorney at law admitted to practice in this state. Such appointments shall be made in writing and filed in the office of the secretary of state, and such appointees shall take and subscribe the constitutional oath of office which shall also be filed. Appointees shall perform such duties as the attorney general prescribes.
165.055(2) (2)The attorney general shall be responsible for all acts of the deputy attorney general.
165.055(4) (4)The attorney general shall appoint, in the unclassified service, the administrator of the legal services division subject to s. 230.08 (4) (a).
165.065 165.065 Assistant attorneys general; antitrust.
165.065(1)(1)At least one assistant attorney general shall be assigned to the investigation and prosecution of violations arising under ch. 133 and shall carry out the duties imposed on the attorney general by ch. 133. All apparent violations of ch. 133 which come to the attention of any officer or agency of state government shall be reported to one of such assistant attorneys general. All officers and agencies shall cooperate with and assist the department of justice in the investigation and prosecution of such apparent violations.
165.065(2) (2)The assistant attorney general in charge of antitrust investigations and prosecutions is to cooperate actively with the antitrust division of the U.S. department of justice in everything that concerns monopolistic practices in Wisconsin, and also to cooperate actively with the department of agriculture, trade and consumer protection in the work which this agency is carrying on under s. 100.20 of the marketing law with regard to monopolistic practices in the field of agriculture and with the federal trade commission on matters arising in or affecting Wisconsin which pertain to its jurisdiction.
165.065 History History: 1977 c. 29 s. 1650m (4); 1977 c. 260; s. 35.17 correction in (title).
165.066 165.066 Assistant attorney general; unemployment insurance law enforcement. The attorney general shall assign at least 0.5 assistant attorney general position to assist in the investigation and prosecution of noncompliance with ch. 108.
165.066 History History: 2005 a. 86.
165.08 165.08 Power to compromise.
165.08(1)(1)Any civil action prosecuted by the department by direction of any officer, department, board, or commission, or any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of an intervenor under s. 803.09 (2m) or, if there is no intervenor, by submission of a proposed plan to the joint committee on finance for the approval of the committee. The compromise or discontinuance may occur only if the joint committee on finance approves the proposed plan. No proposed plan may be submitted to the joint committee on finance if the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization.
165.08(2) (2) In any criminal action prosecuted by the attorney general, the department shall have the same powers with reference to such action as are vested in district attorneys.
165.08 History History: 2007 a. 20; 2015 a. 55; 2017 a. 369.
165.08 Annotation Certain institutional interests of the legislature were sufficient to defeat a facial challenge to the provisions of this section authorizing legislative intervention in certain cases, and those requiring legislative consent to defend and prosecute certain cases. Service Employees International Union (SEIU), Local 1 v. Vos, 2020 WI 67, 393 Wis. 2d 38, 946 N.W.2d 35, 19-0614.
165.09 165.09 Removal of barriers to trade or movement of dairy products. The attorney general may take such action as he or she deems necessary in order to contest or oppose existing statutes, ordinances, regulations, orders or other trade barriers which may restrict the sale in other states of milk or other dairy products produced in Wisconsin; study and investigate problems concerning the free movement of milk and other dairy products in interstate commerce and present the results thereof to such legislative and executive agencies of the federal government and the several states, such studies, investigations and presentations to executive and legislative agencies to be made either individually or jointly with others.
165.09 History History: 1993 a. 482.
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2021-22 Wisconsin Statutes updated through 2023 Wis. Act 93 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on March 22, 2024. Published and certified under s. 35.18. Changes effective after March 22, 2024, are designated by NOTES. (Published 3-22-24)