SB21: Bill Text

SB21,4728 Section 4728. 946.42 (3) (c) of the statutes is amended to read:

SB21,1731,10 946.42 (3) (c) Subject to a disposition under s. 938.34 (4d), (4h), or (4m), to a placement under s. 938.357 (4) or 938.533 (3) (a), or to community supervision or aftercare revocation under s. 938.357 (5) (e).

SB21,4729 Section 4729. 948.11 (4) (b) 3. a. of the statutes is amended to read:

SB21,1731,15 948.11 (4) (b) 3. a. Is a technical college, is a school approved authorized by the educational approval board under s. 38.50 department of financial institutions and professional standards under s. 440.52, or is a school described in s. 38.50 440.52 (1) (e) 6., 7. or 8.; and

SB21,4730 Section 4730. 949.11 (2) of the statutes is repealed.

SB21,4731 Section 4731. 949.31 (2) of the statutes is repealed.

SB21,4732 Section 4732. 971.14 (6) (b) of the statutes is amended to read:

SB21,1732,11 971.14 (6) (b) When the court discharges a defendant from commitment under par. (a), it may order that the defendant be taken immediately into custody by a law enforcement official and promptly delivered to a facility specified in s. 51.15 (2), an approved public treatment facility under s. 51.45 (2) (c), or an appropriate medical or protective placement facility. Thereafter, detention of the defendant shall be governed by s. 51.15, 51.45 (11), or 55.135, as appropriate. The district attorney or corporation counsel may prepare a statement meeting the requirements of s. 51.15 (4) or (5), 51.45 (13) (a), or 55.135 based on the allegations of the criminal complaint and the evidence in the case. This statement shall be given to the director of the facility to which the defendant is delivered and filed with the branch of circuit court assigned to exercise criminal jurisdiction in the county in which the criminal charges are pending, where it shall suffice, without corroboration by other petitioners, as a petition for commitment under s. 51.20 or 51.45 (13) or a petition for protective placement under s. 55.075. This section does not restrict the power of the branch of circuit court in which the petition is filed to transfer the matter to the branch of circuit court assigned to exercise jurisdiction under ch. 51 in the county. Days spent in commitment or protective placement pursuant to a petition under this paragraph shall not be deemed days spent in custody under s. 973.155.

SB21,4733 Section 4733. 973.0455 of the statutes is created to read:

SB21,1732,17 973.0455 Crime prevention funding board surcharge. (1) If a court imposes a sentence or places a person on probation, the court shall impose a crime prevention funding board surcharge. The surcharge is the total amount calculated by adding up, for each misdemeanor or felony count on which a conviction occurred, $20.

SB21,1732,20 (2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (n). The county treasurer shall then distribute the moneys under s. 59.25 (3) (gm).

SB21,4734 Section 4734. 973.05 (2m) (du) of the statutes is created to read:

SB21,1732,23 973.05 (2m) (du) To payment of the crime prevention funding board surcharge until paid in full.

SB21,4735 Section 4735. 973.06 (1) (j) of the statutes is amended to read:

SB21,1733,10 973.06 (1) (j) If the defendant violated s. 23.33 (4c), 30.681, 114.09, 346.63, 350.101, 940.09 (1), or 940.25, any costs charged to or paid by a law enforcement agency for the withdrawal of the defendant's blood, except that the court may not impose on the defendant any cost for an alternative test provided free of charge as described in s. 343.305 (4). If at the time the court finds that the defendant committed the violation, the law enforcement agency has not paid or been charged with the costs of withdrawing the person's blood, the court shall impose and collect the costs the law enforcement agency reasonably expects to be charged for the withdrawal, based on the current charges for this procedure. Notwithstanding sub. (2), the court may not remit these costs.

SB21,4736 Section 4736. 978.03 (1) of the statutes is amended to read:

SB21,1733,21 978.03 (1) The district attorney of any prosecutorial unit having a population of 500,000 or more may appoint 5 7 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration 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.

SB21,4737 Section 4737. 978.045 (1r) (intro.) of the statutes is amended to read:

SB21,1734,8 978.045 (1r) (intro.) Any judge of a court of record, by an order entered in the record stating the cause for it, may appoint an attorney as a special prosecutor to perform, for the time being, or for the trial of the accused person, the duties of the district attorney. An attorney appointed under this subsection shall have all of the powers of the district attorney. The judge may appoint an attorney as a special prosecutor at the request of a district attorney to assist the district attorney in the prosecution of persons charged with a crime, in grand jury proceedings or John Doe proceedings under s. 968.26, in proceedings under ch. 980, or in investigations. The judge may appoint an attorney as a special prosecutor only if the judge or the requesting district attorney submits an affidavit to the department of justice attesting that any of the following conditions exists:

SB21,4738 Section 4738. 978.045 (1r) (e) of the statutes is amended to read:

SB21,1734,12 978.045 (1r) (e) The district attorney is physically unable to attend to his or her duties due to a health issue or has a mental incapacity that impairs his or her ability to substantially perform his or her duties.

SB21,4739 Section 4739. 978.045 (2) (a), (b) and (c) of the statutes are consolidated, renumbered 978.045 (2) and amended to read:

SB21,1734,22 978.045 (2) The If the department of justice approves the appointment of a special prosecutor under sub. (1r), the court shall fix the amount of compensation for any the attorney appointed as a special prosecutor under sub. (1r) according to the rates specified in s. 977.08 (4m) (b). (b) The department of administration shall pay the compensation ordered by the court from the appropriation under s. 20.475 (1) (d). (c) The court, district attorney, and the special prosecutor shall provide any information regarding a payment under par. (b) of compensation that the department requests.

SB21,4740 Section 4740. 978.05 (6) (a) of the statutes is amended to read:

SB21,1735,11 978.05 (6) (a) Institute, commence or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ch. 980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 89.08, 103.50 (8), 103.92 (4), 109.09, 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (5), that the corporation counsel provide representation as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.

SB21,4741 Section 4741. 978.11 of the statutes is amended to read:

SB21,1735,14 978.11 Budget. The department of administration justice shall prepare the budget of the prosecution system and submit it in accordance with s. 16.42.

SB21,4742 Section 4742. 978.12 (1) (c) of the statutes is amended to read:

SB21,1736,2 978.12 (1) (c) Assistant district attorneys. Assistant district attorneys shall be employed outside the classified service. For purposes of salary administration, the director of the office administrator of the division of state employment relations personnel management in the department of administration shall establish one or more classifications for assistant district attorneys in accordance with the classification or classifications allocated to assistant attorneys general. Except as provided in ss. 111.93 (3) (b) and 230.12 (10), the salaries of assistant district attorneys shall be established and adjusted in accordance with the state compensation plan for assistant attorneys general whose positions are allocated to the classification or classifications established by the director of the office administrator of the division of state employment relations personnel management in the department of administration.

SB21,4743 Section 4743. 985.01 (1g) of the statutes is amended to read:

SB21,1736,5 985.01 (1g) "Governing body" has the meaning given in s. 345.05 (1) (b) and includes a long-term care district board under s. 46.2895.

SB21,4744 Section 4744. 985.01 (3) of the statutes is amended to read:

SB21,1736,8 985.01 (3) "Municipality" has the meaning in s. 345.05 (1) (c) and includes a long-term care district under s. 46.2895.

SB21,4745 Section 4745. 995.55 (1) (b) of the statutes is amended to read:

SB21,1736,14 995.55 (1) (b) "Educational institution" means an institution of higher education, as defined in s. 108.02 (18); a technical college established under s. 38.02; a school, as defined in s. 38.50 440.52 (11) (a) 2.; a public school, as described in s. 115.01 (1); a charter school, as defined in s. 115.001 (1); a private school, as defined in s. 115.001 (3r); or a private educational testing service or administrator.

SB21,4746 Section 4746. 2009 Wisconsin Act 28, section 9109 (1) is repealed.

SB21,4747 Section 4747. 2013 Wisconsin Act 20, section 9151 (2) (a) 1. is amended to read:

SB21,1736,23 [2013 Wisconsin Act 20] Section 9151 (2) (a) 1. "Approval" means approval by the secretary of the federal department of labor governor of a plan submitted jointly by the department of workforce development and the department of veterans affairs for transfer of the administration of the disabled veterans' outreach program and the local veterans' employment representative program from the department of workforce development to the department of veterans affairs.  

SB21,4748 Section 4748. 2013 Wisconsin Act 20, section 9151 (3) (b) is amended to read:

SB21,1737,13 [2013 Wisconsin Act 20] Section 9151 (3) (b) Approval by secretary of federal department of labor governor. The department of workforce development and the department of veterans affairs, jointly, shall prepare a plan for transfer of the administration of the disabled veterans' outreach program and the local veterans' employment representative program from the department of workforce development to the department of veterans affairs and shall submit that plan to the secretary of the federal department of labor governor for approval. If the secretary of the federal department of labor governor approves the plan, the governor shall declare the department of veterans affairs to be the primary coordinator of the employment service delivery system, as defined in 38 USC 4101 (7), for veterans in this state, and administration of those programs shall be transferred from the department of workforce development to the department of veterans affairs as provided in paragraphs (c) to (i).

SB21,4749 Section 4749. 2013 Wisconsin Act 20, section 9252 (1) (a) (intro.), as last affected by 2013 Wisconsin Act 145, section 44m, is amended to read:

SB21,1738,2 [2013 Wisconsin Act 20] Section 9252 (1) (a) (intro.) Notwithstanding 2011 Wisconsin Act 32, section 9255 (1) (c) and (d), the secretary shall not lapse any money from the agencies specified in those paragraphs during the 2013-15 fiscal biennium, but shall instead lapse to the general fund from the unencumbered balances of general purpose revenue and program revenue appropriations to the following executive branch state agencies, other than sum sufficient appropriations and appropriations of federal revenues, the following amounts in the 2013-14, 2014-15, and 2015-16, and 2016-17 fiscal years, except that, for the 2015-16 and 2016-17 fiscal years, the amounts to be lapsed from the department of financial institutions and the department of safety and professional services shall be combined as an amount to be lapsed from the department of financial institutions and professional standards:

SB21,4750 Section 4750. 2013 Wisconsin Act 229, section 6 (1) is amended to read:

SB21,1738,4 [2013 Wisconsin Act 229] Section 6 (1) This act takes effect on July 1, 2015 2017.

SB21,9101 Section 9101. Nonstatutory provisions; Administration.

SB21,1738,6 (1) Transfer of business certification programs.

SB21,1738,12 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to disabled veteran-owned business certifications, woman-owned business certifications, and minority business certifications, as determined by the secretary of administration, become the assets and liabilities of the department of financial institutions and professional standards.

SB21,1738,19 (b) Positions and employees. On the effective date of this paragraph, all positions and all incumbent employees in the classified service of the state civil service holding those positions in the department of administration performing duties primarily related to disabled veteran-owned business certifications, woman-owned business certifications, and minority business certifications, as determined by the secretary of administration, are transferred to the department of financial institutions and professional standards.

SB21,1738,25 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under chapter 230 of the statutes in the department of financial institutions and professional standards that they enjoyed in the department of administration 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.

SB21,1739,6 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration primarily related to disabled veteran-owned business certifications, woman-owned business certifications, and minority business certifications, as determined by the secretary of administration, is transferred to the department of financial institutions and professional standards.

SB21,1739,15 (e) Pending matters. Any matter pending with the department of administration on the effective date of this paragraph that is primarily related to disabled veteran-owned business certifications, woman-owned business certifications, and minority business certifications, as determined by the secretary of administration, is transferred to the department of financial institutions and professional standards. All materials submitted to or actions taken by the department of administration with respect to the pending matter are considered as having been submitted to or taken by the department of financial institutions and professional standards.

SB21,1739,23 (f) Contracts. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to disabled veteran-owned business certifications, woman-owned business certifications, and minority business certifications, as determined by the secretary of administration, remain in effect and are transferred to the department of financial institutions and professional standards. The department of financial institutions and professional standards shall carry out any obligations under those contracts unless modified or rescinded by that department to the extent allowed under the contract.

SB21,1740,10 (g) Rules and orders. All rules promulgated by the department of administration primarily related to disabled veteran-owned business certifications, woman-owned business certifications, and minority business certifications, as determined by the secretary of administration, that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of financial institutions and professional standards. All orders issued by the department of administration primarily related to disabled veteran-owned business certifications, woman-owned business certifications, and minority business certifications, as determined by the secretary of administration, that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of financial institutions and professional standards.

SB21,1740,12 (2) Transfer of small business regulatory review board and office of business development.

SB21,1740,17 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to the small business regulatory review board and the office of business development, as determined by the secretary of administration, become the assets and liabilities of the department of financial institutions and professional standards.

SB21,1740,22 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration primarily related to the small business regulatory review board and the office of business development, as determined by the secretary of administration, is transferred to the department of financial institutions and professional standards.

SB21,1741,5 (c) Pending matters. Any matter pending with the department of administration on the effective date of this paragraph that is primarily related to the small business regulatory review board and the office of business development, as determined by the secretary of administration, is transferred to the department of financial institutions and professional standards. All materials submitted to or actions taken by the department of administration with respect to the pending matter are considered as having been submitted to or taken by the department of financial institutions and professional standards.

SB21,1741,13 (d) Contracts. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to the small business regulatory review board and the office of business development, as determined by the secretary of administration, remain in effect and are transferred to the department of financial institutions and professional standards. The department of financial institutions and professional standards shall carry out any obligations under those contracts unless modified or rescinded by that department to the extent allowed under the contract.

SB21,1741,14 (3) State energy office and relocation administration.

SB21,1741,15 (a) Definitions. In this subsection:

SB21,1741,16 1. "Commission" means the public service commission.

SB21,1741,17 2. "Department" means the department of administration.

SB21,1741,19 3. "Office" means the state energy office in the division of energy services of the department.

SB21,1741,21 4. "Relocation administration" means the powers and duties of the department under sections 32.19 to 32.27, 2013 stats.

SB21,1741,25 (b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department primarily relating to the office or relocation administration, as determined by the secretary of administration, become the assets and liabilities of the commission.

SB21,1742,9 (c) Employee transfers. On the effective date of this paragraph, 5.0 FTE FED positions, and the incumbent employees holding those positions, in the department who perform duties primarily related to the office, as determined by the secretary of administration, are transferred to the commission. On the effective date of this paragraph, 1.0 FTE GPR position, and the incumbent employee holding that position, in the department who performs duties primarily related to relocation administration, as determined by the secretary of administration, is transferred to the commission to be funded under section 20.155 (1) (g) of the statutes, as affected by this act.

SB21,1742,14 (d) Employee status. Employees transferred under paragraph (c ) have all the rights and the same status under chapter 230 of the statutes in the commission that they enjoyed in the department 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.

SB21,1742,18 (e) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department primarily relating to the office or relocation administration, as determined by the secretary of administration, becomes the personal property of the commission.

SB21,1742,23 (f) Pending matters. Any matter pending with the department primarily relating to the office or relocation administration, as determined by the department, on the effective date of this paragraph is transferred to the commission. All materials submitted to or actions taken by the department are considered as having been submitted to or taken by the commission.

SB21,1743,3 (g) Contracts. All contracts entered into by the department primarily relating to the office or relocation administration, as determined by the department, in effect on the effective date of this paragraph remain in effect and are transferred to the commission. The commission shall carry out any obligations under those contracts unless modified or rescinded to the extent allowed under the contract.

SB21,1743,9 (h) Rules and orders. All rules promulgated by the department under sections 32.19 to 32.27 of the statutes in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or are repealed by the commission. All orders issued by the department under sections 32.19 to 32.27 of the statutes in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the commission.

SB21,1743,10 (4) Transfer of state prosecutors office.

SB21,1743,14 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration that are primarily related to the state prosecutors office, as determined by the secretary of administration, become the assets and liabilities of the department of justice.

SB21,1743,19 (b) Employee transfers. On the effective date of this paragraph, all positions, and the incumbent employees holding those positions, in the department of administration with duties that are primarily related to the state prosecutors office, as determined by the secretary of administration, are transferred to the department of justice.

SB21,1743,25 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under chapter 230 of the statutes in the department of justice that they enjoyed in the department of administration 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.

SB21,1744,4 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration that is primarily related to the state prosecutors office, as determined by the secretary of administration, is transferred to the department of justice.

SB21,1744,10 (e) Contracts. All contracts entered into by the department of administration that are primarily related to the state prosecutors office, as determined by the secretary of administration, in effect on the effective date of this paragraph, remain in effect and are transferred to the department of justice. The department of justice shall carry out any such contractual obligations unless modified or rescinded by the department of justice to the extent allowed under the contract.

SB21,1744,17 (f) Pending matters. Any matter pending with the department of administration that is primarily related to the state prosecutors office, as determined by the secretary of administration, on the effective date of this paragraph, is transferred to the department of justice, and all materials submitted to or actions taken by the department of administration, with respect to the pending matter are considered as having been submitted to or taken by the department of justice.

SB21,1744,22 (g) Rules and orders. All rules promulgated for the department of administration that are primarily related to the state prosecutors office, as determined by the secretary of administration, that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of justice.

SB21,1744,23 (5) Office services.

SB21,1744,25 (a) In this subsection, "shared services agency" has the meaning given in section 16.004 (20) (a) of the statutes.

SB21,1745,5 (b) On the effective date of this paragraph, the assets and liabilities of a shared services agency that relate to human resources services, payroll services, finance services, budget functions, and procurement functions, as determined by the secretary of administration, become the assets and liabilities of the department of administration.

SB21,1745,10 (c) On the effective date of this paragraph, all tangible personal property, including records, of a shared services agency that relate to human resources services, payroll services, finance services, budget functions, and procurement functions, as determined by the secretary of administration, are transferred to the department of administration.

SB21,1745,15 (d) All contracts entered into by a shared services agency in effect on the effective date of this paragraph that are primarily related to human resources services, payroll services, finance services, budget functions, and procurement functions, as determined by the secretary of administration, remain in effect and are transferred to the department of administration.

SB21,1745,16 (6) Information technology services.

SB21,1745,18 (a) In this subsection, "agency" means all entities listed under section 16.971 (2) (ac) of the statutes.

SB21,1745,22 (b) On the effective date of this paragraph, the assets and liabilities of an agency that relate to information technology, as determined by the secretary of administration, become the assets and liabilities of the department of administration.

SB21,1746,2 (c) On the effective date of this paragraph, all tangible personal property, including records, of an agency that relate to information technology, as determined by the secretary of administration, are transferred to the department of administration.

SB21,1746,6 (d) All contracts entered into by an agency in effect on the effective date of this paragraph that are primarily related to information technology, as determined by the secretary of administration, remain in effect and are transferred to the department of administration.