SB21,1728,520
938.538
(6m) (b) In the selection of classified service employees for a juvenile
21correctional facility authorized under
1993 Wisconsin Act 377, section
9108 (1) (a),
22the appointing authority shall make every effort to use the expanded certification
23program under s. 230.25 (1n) or rules of the
administrator director of the
division 24bureau of merit recruitment and selection in the
office of state employment relations 25department of administration to ensure that the percentage of employees who are
1minority group members approximates the percentage of the juveniles placed at that
2juvenile correctional facility who are minority group members. The
administrator
3of the division director of the bureau of merit recruitment and selection
in the office
4of state employment relations shall provide guidelines for the administration of the
5selection procedure.
SB21,4714
6Section
4714. 938.57 (4) of the statutes is amended to read:
SB21,1728,187
938.57
(4) Aftercare supervision. A county department may provide aftercare
8supervision under s. 938.34 (4n) for juveniles who are released from juvenile
9correctional facilities or secured residential care centers for children and youth. If
10a county department intends to change its policy regarding whether the county
11department
or the department shall will provide aftercare supervision for juveniles
12released from juvenile correctional facilities or secured residential care centers for
13children and youth
or the department will provide community supervision for those
14juveniles, the county executive or county administrator, or, if the county has no
15county executive or county administrator, the chairperson of the county board of
16supervisors, or, for multicounty departments, the chairpersons of the county boards
17of supervisors jointly, shall submit a letter to the department stating that intent
18before July 1 of the year preceding the year in which the policy change will take effect.
SB21,4715
19Section
4715. 940.20 (2m) (title) of the statutes is amended to read:
SB21,1728,2120
940.20
(2m) (title)
Battery to probation, extended supervision and parole
21agents, community supervision agents, and aftercare agents.
SB21,4716
22Section
4716. 940.20 (2m) (a) 1m. of the statutes is created to read:
SB21,1728,2523
940.20
(2m) (a) 1m. "Community supervision agent" means any person
24authorized by the department of corrections to exercise control over a juvenile on
25community supervision.
SB21,4717
1Section
4717. 940.20 (2m) (b) of the statutes is amended to read:
SB21,1729,72
940.20
(2m) (b) Whoever intentionally causes bodily harm to a probation,
3extended supervision
, and parole agent
, a community supervision agent, or an
4aftercare agent, acting in an official capacity and the person knows or has reason to
5know that the victim is a probation, extended supervision and parole agent
, a
6community supervision agent, or an aftercare agent, by an act done without the
7consent of the person so injured, is guilty of a Class H felony.
SB21,4718
8Section
4718. 940.207 (title) of the statutes is amended to read:
SB21,1729,11
9940.207 (title)
Battery or threat to department of safety and
10professional services financial institutions and professional standards or
11department of workforce development employee.
SB21,4719
12Section
4719. 940.207 (2) (intro.) of the statutes is amended to read:
SB21,1729,1913
940.207
(2) (intro.) Whoever intentionally causes bodily harm or threatens to
14cause bodily harm to the person or family member of any department of
safety and
15professional services financial institutions and professional standards official,
16employee, or agent whose responsibilities are primarily related to the buildings and
17safety or professional regulation functions of that department, or
any department of
18workforce development official, employee
, or agent
, under all of the following
19circumstances is guilty of a Class H felony:
SB21,4720
20Section
4720. 940.207 (2) (a) of the statutes is amended to read:
SB21,1729,2421
940.207
(2) (a) At the time of the act or threat, the actor knows or should have
22known that the victim is a department of
safety and professional services financial
23institutions and professional standards or department of workforce development
24official, employee
, or agent or a member of his or her family.
SB21,4721
25Section
4721. 941.237 (1) (dm) of the statutes is amended to read:
SB21,1730,1
1941.237
(1) (dm) "Hotel" has the meaning given in s.
254.61 (3) 97.01 (7).
SB21,4722
2Section
4722. 944.21 (8) (b) 3. a. of the statutes is amended to read:
SB21,1730,63
944.21
(8) (b) 3. a. Is a technical college, is a school
approved authorized by the
4educational approval board under s. 38.50 department of financial institutions and
5professional standards under s. 440.52, or is a school described in s.
38.50 440.52 (1)
6(e) 6., 7. or 8.; and
SB21,4723
7Section
4723. 946.13 (12) (a) of the statutes is amended to read:
SB21,1730,108
946.13
(12) (a) In this subsection, "research company" means an entity engaged
9in commercial activity that is related to research conducted by an employee or officer
10of the University of Wisconsin System
Authority or to a product of such research.
SB21,4724
11Section
4724. 946.13 (12) (b) (intro.) of the statutes is amended to read:
SB21,1730,1512
946.13
(12) (b) (intro.) Subsection (1) does not apply to a contract between a
13research company and the University of Wisconsin System
Authority or any
14institution or college campus within the system for purchase of goods or services,
15including research, if
all the following apply:
SB21,4725
16Section
4725. 946.13 (12) (b) 1. of the statutes is amended to read:
SB21,1730,1917
946.13
(12) (b) 1. The contract is approved by a University of Wisconsin System
18Authority employee or officer responsible for evaluating and managing potential
19conflicts of interest.
SB21,4726
20Section
4726. 946.13 (12) (b) 2. b. of the statutes is amended to read:
SB21,1730,2521
946.13
(12) (b) 2. b. The
University of Wisconsin System employee or officer
22specified in subd. 1. submits the contract to the University of Wisconsin Board of
23Regents and, within 45 days, the University of Wisconsin
System Authority Board
24of Regents does not notify the
University of Wisconsin System employee or officer
25specified in subd. 1. that entering the contract would constitute a violation of sub. (1).
SB21,4727
1Section
4727. 946.42 (1) (a) 2. of the statutes is amended to read:
SB21,1731,62
946.42
(1) (a) 2. "Custody" does not include the constructive custody of a
3probationer, parolee, or person on extended supervision by the department of
4corrections or a probation, extended supervision, or parole agent or
, subject to s.
5938.533 (3) (a), the constructive custody of a person who has been released to
6community supervision or aftercare supervision under ch. 938.
SB21,4728
7Section
4728. 946.42 (3) (c) of the statutes is amended to read:
SB21,1731,108
946.42
(3) (c) Subject to a disposition under s. 938.34 (4d), (4h)
, or (4m), to a
9placement under s. 938.357 (4)
or 938.533 (3) (a), or to
community supervision or 10aftercare revocation under s. 938.357 (5) (e).
SB21,4729
11Section
4729. 948.11 (4) (b) 3. a. of the statutes is amended to read:
SB21,1731,1512
948.11
(4) (b) 3. a. Is a technical college, is a school
approved authorized by the
13educational approval board under s. 38.50 department of financial institutions and
14professional standards under s. 440.52, or is a school described in s.
38.50 440.52 (1)
15(e) 6., 7. or 8.; and
SB21,4730
16Section
4730. 949.11 (2) of the statutes is repealed.
SB21,4731
17Section
4731. 949.31 (2) of the statutes is repealed.
SB21,4732
18Section
4732. 971.14 (6) (b) of the statutes is amended to read:
SB21,1732,1119
971.14
(6) (b) When the court discharges a defendant from commitment under
20par. (a), it may order that the defendant be taken immediately into custody by a law
21enforcement official and promptly delivered to a facility specified in s. 51.15 (2), an
22approved public treatment facility under s. 51.45 (2) (c), or an appropriate medical
23or protective placement facility. Thereafter, detention of the defendant shall be
24governed by s. 51.15, 51.45 (11), or 55.135, as appropriate. The district attorney or
25corporation counsel may prepare a statement meeting the requirements of s. 51.15
1(4) or (5), 51.45 (13) (a), or 55.135 based on the allegations of the criminal complaint
2and the evidence in the case. This statement shall be given to the director of the
3facility to which the defendant is delivered and filed with the branch of circuit court
4assigned to exercise criminal jurisdiction in the county in which the criminal charges
5are pending, where it shall suffice, without corroboration by other petitioners, as a
6petition for commitment under s. 51.20 or 51.45 (13) or a petition for protective
7placement under s. 55.075. This section does not restrict the power of the branch of
8circuit court in which the petition is filed to transfer the matter to the branch of
9circuit court assigned to exercise jurisdiction under ch. 51 in the county. Days spent
10in commitment or protective placement pursuant to a petition under this paragraph
11shall not be deemed days spent in custody under s. 973.155.
SB21,4733
12Section 4733. 973.0455 of the statutes is created to read:
SB21,1732,17
13973.0455 Crime prevention funding board surcharge. (1) If a court
14imposes a sentence or places a person on probation, the court shall impose a crime
15prevention funding board surcharge. The surcharge is the total amount calculated
16by adding up, for each misdemeanor or felony count on which a conviction occurred,
17$20.
SB21,1732,20
18(2) After the clerk determines the amount due, the clerk of court shall collect
19and transmit the amount to the county treasurer under s. 59.40 (2) (n). The county
20treasurer shall then distribute the moneys under s. 59.25 (3) (gm).
SB21,4734
21Section
4734. 973.05 (2m) (du) of the statutes is created to read:
SB21,1732,2322
973.05
(2m) (du) To payment of the crime prevention funding board surcharge
23until paid in full.
SB21,4735
24Section
4735. 973.06 (1) (j) of the statutes is amended to read:
SB21,1733,10
1973.06
(1) (j) If the defendant violated s. 23.33 (4c), 30.681,
114.09, 346.63,
2350.101, 940.09 (1), or 940.25, any costs charged to or paid by a law enforcement
3agency for the withdrawal of the defendant's blood, except that the court may not
4impose on the defendant any cost for an alternative test provided free of charge as
5described in s. 343.305 (4). If at the time the court finds that the defendant
6committed the violation, the law enforcement agency has not paid or been charged
7with the costs of withdrawing the person's blood, the court shall impose and collect
8the costs the law enforcement agency reasonably expects to be charged for the
9withdrawal, based on the current charges for this procedure. Notwithstanding sub.
10(2), the court may not remit these costs.
SB21,4736
11Section
4736. 978.03 (1) of the statutes is amended to read:
SB21,1733,2112
978.03
(1) The district attorney of any prosecutorial unit having a population
13of 500,000 or more may appoint
5 7 deputy district attorneys and such assistant
14district attorneys as may be requested by the department of administration and
15authorized in accordance with s. 16.505. The district attorney shall rank the deputy
16district attorneys for purposes of carrying out duties under this section. The
17deputies, according to rank, may perform any duty of the district attorney, under the
18district attorney's direction. In the absence or disability of the district attorney, the
19deputies, according to rank, may perform any act required by law to be performed
20by the district attorney. Any such deputy must have practiced law in this state for
21at least 2 years prior to appointment under this section.
SB21,4737
22Section
4737. 978.045 (1r) (intro.) of the statutes is amended to read:
SB21,1734,823
978.045
(1r) (intro.) Any judge of a court of record, by an order entered in the
24record stating the cause for it, may appoint an attorney as a special prosecutor to
25perform, for the time being, or for the trial of the accused person, the duties of the
1district attorney. An attorney appointed under this subsection shall have all of the
2powers of the district attorney. The judge may appoint an attorney as a special
3prosecutor at the request of a district attorney to assist the district attorney in the
4prosecution of persons charged with a crime, in grand jury proceedings or John Doe
5proceedings under s. 968.26, in proceedings under ch. 980, or in investigations. The
6judge may appoint an attorney as a special prosecutor
only if
the judge or the
7requesting district attorney submits an affidavit to the department of justice
8attesting that any of the following conditions exists:
SB21,4738
9Section
4738. 978.045 (1r) (e) of the statutes is amended to read:
SB21,1734,1210
978.045
(1r) (e) The district attorney is
physically unable to attend to his or her
11duties
due to a health issue or has a mental incapacity that impairs his or her ability
12to substantially perform his or her duties.
SB21,4739
13Section
4739. 978.045 (2) (a), (b) and (c) of the statutes are consolidated,
14renumbered 978.045 (2) and amended to read:
SB21,1734,2215
978.045
(2) The If the department of justice approves the appointment of a
16special prosecutor under sub. (1r), the court shall fix the amount of compensation for
17any the attorney appointed
as a special prosecutor under sub. (1r) according to the
18rates specified in s. 977.08 (4m) (b).
(b) The department of administration shall pay
19the compensation ordered by the court from the appropriation under s. 20.475 (1) (d).
20(c) The court, district attorney
, and the special prosecutor shall provide any
21information regarding a payment
under par. (b) of compensation that the
22department requests.
SB21,4740
23Section
4740. 978.05 (6) (a) of the statutes is amended to read:
SB21,1735,1124
978.05
(6) (a) Institute, commence or appear in all civil actions or special
25proceedings under and perform the duties set forth for the district attorney under ch.
1980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36,
89.08, 103.50 (8),
2103.92 (4), 109.09, 343.305 (9) (a),
453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and
3(6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties
4in connection with court proceedings in a court assigned to exercise jurisdiction
5under chs. 48 and 938 as the judge may request and perform all appropriate duties
6and appear if the district attorney is designated in specific statutes, including
7matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this
8paragraph limits the authority of the county board to designate, under s. 48.09 (5),
9that the corporation counsel provide representation as specified in s. 48.09 (5) or to
10designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate
11person to represent the interests of the public under s. 48.14 or 938.14.
SB21,4741
12Section
4741. 978.11 of the statutes is amended to read:
SB21,1735,14
13978.11 Budget. The department of
administration justice shall prepare the
14budget of the prosecution system and submit it in accordance with s. 16.42.
SB21,4742
15Section
4742. 978.12 (1) (c) of the statutes is amended to read:
SB21,1736,216
978.12
(1) (c)
Assistant district attorneys. Assistant district attorneys shall be
17employed outside the classified service. For purposes of salary administration, the
18director of the office administrator of the division of
state employment relations 19personnel management in the department of administration shall establish one or
20more classifications for assistant district attorneys in accordance with the
21classification or classifications allocated to assistant attorneys general. Except as
22provided in ss. 111.93 (3) (b) and 230.12 (10), the salaries of assistant district
23attorneys shall be established and adjusted in accordance with the state
24compensation plan for assistant attorneys general whose positions are allocated to
25the classification or classifications established by the
director of the office
1administrator of the division of
state employment relations personnel management
2in the department of administration.
SB21,4743
3Section
4743. 985.01 (1g) of the statutes is amended to read:
SB21,1736,54
985.01
(1g) "Governing body" has the meaning given in s. 345.05 (1) (b)
and
5includes a long-term care district board under s. 46.2895.
SB21,4744
6Section
4744. 985.01 (3) of the statutes is amended to read:
SB21,1736,87
985.01
(3) "Municipality" has the meaning in s. 345.05 (1) (c)
and includes a
8long-term care district under s. 46.2895.
SB21,4745
9Section
4745. 995.55 (1) (b) of the statutes is amended to read:
SB21,1736,1410
995.55
(1) (b) "Educational institution" means an institution of higher
11education, as defined in s. 108.02 (18); a technical college established under s. 38.02;
12a school, as defined in s.
38.50 440.52 (11) (a) 2.; a public school, as described in s.
13115.01 (1); a charter school, as defined in s. 115.001 (1); a private school, as defined
14in s. 115.001 (3r); or a private educational testing service or administrator.
SB21,1736,2318[
2013 Wisconsin Act 20] Section 9151 (2) (a) 1. "Approval" means approval by
19the
secretary of the federal department of labor
governor of a plan submitted jointly
20by the department of workforce development and the department of veterans affairs
21for transfer of the administration of the disabled veterans' outreach program and the
22local veterans' employment representative program from the department of
23workforce development to the department of veterans affairs.
SB21,1737,13
1[
2013 Wisconsin Act 20] Section 9151 (3) (b)
Approval by secretary of federal
2department of labor governor. The department of workforce development and the
3department of veterans affairs, jointly, shall prepare a plan for transfer of the
4administration of the disabled veterans' outreach program and the local veterans'
5employment representative program from the department of workforce development
6to the department of veterans affairs and shall submit that plan to the
secretary of
7the federal department of labor governor for approval. If the
secretary of the federal
8department of labor governor approves the plan,
the governor shall declare the
9department of veterans affairs to be the primary coordinator of the employment
10service delivery system, as defined in 38 USC 4101 (7), for veterans in this state, and 11administration of those programs shall be transferred from the department of
12workforce development to the department of veterans affairs as provided in
13paragraphs (c) to (i).
SB21,1738,216[
2013 Wisconsin Act 20] Section 9252 (1) (a) (intro.) Notwithstanding
2011
17Wisconsin Act 32, section
9255 (1) (c) and (d), the secretary shall not lapse any money
18from the agencies specified in those paragraphs during the 2013-15 fiscal biennium,
19but shall instead lapse to the general fund from the unencumbered balances of
20general purpose revenue and program revenue appropriations to the following
21executive branch state agencies, other than sum sufficient appropriations and
22appropriations of federal revenues, the following amounts in the 2013-14, 2014-15,
23and 2015-16
, and 2016-17 fiscal years
, except that, for the 2015-16 and 2016-17
24fiscal years, the amounts to be lapsed from the department of financial institutions
25and the department of safety and professional services shall be combined as an
1amount to be lapsed from the department of financial institutions and professional
2standards:
SB21,1738,44[
2013 Wisconsin Act 229] Section 6 (1) This act takes effect on July 1,
2015 2017.
SB21,9101
5Section 9101.
Nonstatutory provisions; Administration.
SB21,1738,6
6(1)
Transfer of business certification programs.
SB21,1738,12
7(a)
Assets and liabilities. On the effective date of this paragraph, the assets and
8liabilities of the department of administration primarily related to disabled
9veteran-owned business certifications, woman-owned business certifications, and
10minority business certifications, as determined by the secretary of administration,
11become the assets and liabilities of the department of financial institutions and
12professional standards.
SB21,1738,19
13(b)
Positions and employees. On the effective date of this paragraph, all
14positions and all incumbent employees in the classified service of the state civil
15service holding those positions in the department of administration performing
16duties primarily related to disabled veteran-owned business certifications,
17woman-owned business certifications, and minority business certifications, as
18determined by the secretary of administration, are transferred to the department of
19financial institutions and professional standards.
SB21,1738,25
20(c)
Employee status. Employees transferred under paragraph (b
) have all the
21rights and the same status under chapter 230 of the statutes in the department of
22financial institutions and professional standards that they enjoyed in the
23department of administration immediately before the transfer. Notwithstanding
24section 230.28 (4) of the statutes, no employee so transferred who has attained
25permanent status in class is required to serve a probationary period.
SB21,1739,6
1(d)
Tangible personal property. On the effective date of this paragraph, all
2tangible personal property, including records, of the department of administration
3primarily related to disabled veteran-owned business certifications, woman-owned
4business certifications, and minority business certifications, as determined by the
5secretary of administration, is transferred to the department of financial institutions
6and professional standards.
SB21,1739,15
7(e)
Pending matters. Any matter pending with the department of
8administration on the effective date of this paragraph that is primarily related to
9disabled veteran-owned business certifications, woman-owned business
10certifications, and minority business certifications, as determined by the secretary
11of administration, is transferred to the department of financial institutions and
12professional standards. All materials submitted to or actions taken by the
13department of administration with respect to the pending matter are considered as
14having been submitted to or taken by the department of financial institutions and
15professional standards.
SB21,1739,23
16(f)
Contracts. All contracts entered into by the department of administration
17in effect on the effective date of this paragraph that are primarily related to disabled
18veteran-owned business certifications, woman-owned business certifications, and
19minority business certifications, as determined by the secretary of administration,
20remain in effect and are transferred to the department of financial institutions and
21professional standards. The department of financial institutions and professional
22standards shall carry out any obligations under those contracts unless modified or
23rescinded by that department to the extent allowed under the contract.
SB21,1740,10
24(g)
Rules and orders. All rules promulgated by the department of
25administration primarily related to disabled veteran-owned business certifications,
1woman-owned business certifications, and minority business certifications, as
2determined by the secretary of administration, that are in effect on the effective date
3of this paragraph remain in effect until their specified expiration dates or until
4amended or repealed by the department of financial institutions and professional
5standards. All orders issued by the department of administration primarily related
6to disabled veteran-owned business certifications, woman-owned business
7certifications, and minority business certifications, as determined by the secretary
8of administration, that are in effect on the effective date of this paragraph remain
9in effect until their specified expiration dates or until modified or rescinded by the
10department of financial institutions and professional standards.
SB21,1740,12
11(2)
Transfer of small business regulatory review board and office of
12business development.
SB21,1740,17
13(a)
Assets and liabilities. On the effective date of this paragraph, the assets and
14liabilities of the department of administration primarily related to the small
15business regulatory review board and the office of business development, as
16determined by the secretary of administration, become the assets and liabilities of
17the department of financial institutions and professional standards.
SB21,1740,22
18(b)
Tangible personal property. On the effective date of this paragraph, all
19tangible personal property, including records, of the department of administration
20primarily related to the small business regulatory review board and the office of
21business development, as determined by the secretary of administration, is
22transferred to the department of financial institutions and professional standards.
SB21,1741,5
23(c)
Pending matters. Any matter pending with the department of
24administration on the effective date of this paragraph that is primarily related to the
25small business regulatory review board and the office of business development, as
1determined by the secretary of administration, is transferred to the department of
2financial institutions and professional standards. All materials submitted to or
3actions taken by the department of administration with respect to the pending
4matter are considered as having been submitted to or taken by the department of
5financial institutions and professional standards.
SB21,1741,13
6(d)
Contracts. All contracts entered into by the department of administration
7in effect on the effective date of this paragraph that are primarily related to the small
8business regulatory review board and the office of business development, as
9determined by the secretary of administration, remain in effect and are transferred
10to the department of financial institutions and professional standards. The
11department of financial institutions and professional standards shall carry out any
12obligations under those contracts unless modified or rescinded by that department
13to the extent allowed under the contract.
SB21,1741,14
14(3)
State energy office and relocation administration.
SB21,1741,15
15(a)
Definitions. In this subsection: