LRBs0236/1
CMH:amn
2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 231
January 23, 2018 - Offered by Representative Tusler.
AB231-ASA1,1,7 1An Act to repeal 978.001 (1p) and 978.11; to amend 13.093 (2) (a), 16.971 (9),
216.971 (10), 230.33 (1), 978.03, 978.045 (1g), 978.045 (1r) (bm) (intro.), 978.045
3(2), 978.05 (9) and 978.12 (1) (c); and to create 13.0967, 15.105 (7), 15.77,
420.548, 20.923 (4) (f) 7x., 20.923 (6) (hs), 227.118, 227.19 (3) (em), 230.08 (2) (qp),
5978.001 (1b), (1d) and (1n), 978.003, 978.004 and 978.005 of the statutes;
6relating to: creation of a prosecutor board and a state prosecutors office and
7making appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB231-ASA1,1 8Section 1. 13.093 (2) (a) of the statutes is amended to read:
AB231-ASA1,2,259 13.093 (2) (a) Any bill making an appropriation, any bill increasing or
10decreasing existing appropriations or state or general local government fiscal
11liability or revenues, and any bill that modifies an existing surcharge or creates a

1new surcharge that is imposed under ch. 814, shall, before any vote is taken thereon
2by either house of the legislature if the bill is not referred to a standing committee,
3or before any public hearing is held before any standing committee or, if no public
4hearing is held, before any vote is taken by the committee, incorporate a reliable
5estimate of the anticipated change in appropriation authority or state or general
6local government fiscal liability or revenues under the bill, including to the extent
7possible a projection of such changes in future biennia. The estimate shall also
8indicate whether any increased costs incurred by the state under the bill can be
9mitigated through the use of contractual service contracts let in accordance with
10competitive procedures. For purposes of this paragraph, a bill increasing or
11decreasing the liability or revenues of the unemployment reserve fund is considered
12to increase or decrease state fiscal liability or revenues. Except as otherwise
13provided by joint rules of the legislature or this paragraph, such estimates shall be
14made by the department or agency administering the appropriation or fund or
15collecting the revenue. The legislative council staff shall prepare the fiscal estimate
16with respect to the provisions of any bill referred to the joint survey committee on
17retirement systems which create or modify any system for, or make any provision for,
18the retirement of or payment of pensions to public officers or employees. The director
19of state courts shall prepare the fiscal estimate with respect to the provisions of any
20bill that modifies an existing surcharge or creates a new surcharge that is imposed
21under ch. 814. The executive director of the state prosecutors office shall prepare the
22fiscal estimate with respect to the provisions of any bill that affects prosecutors or
23the state prosecutors office, including bills modifying or creating crimes or
24sentencing practices.
When a fiscal estimate is prepared after the bill has been
25introduced, it shall be printed and distributed as are amendments.
AB231-ASA1,2
1Section 2. 13.0967 of the statutes is created to read:
AB231-ASA1,3,7 213.0967 Review of bills affecting state prosecutors office. Any bill that
3is introduced in either house of the legislature that directly affects the state
4prosecutors office shall have a notation to that effect on its jacket when the jacket is
5prepared. When a bill that has that notation on the jacket is introduced, the
6legislative reference bureau shall submit a copy of the bill to the state prosecutors
7office.
AB231-ASA1,3 8Section 3. 15.105 (7) of the statutes is created to read:
AB231-ASA1,3,119 15.105 (7) State prosecutors office. There is created a prosecutors office that
10is attached to the department of administration under s. 15.03. The executive
11director shall be appointed by the prosecutor board.
AB231-ASA1,4 12Section 4. 15.77 of the statutes is created to read:
AB231-ASA1,3,14 1315.77 Prosecutor board. There is created a prosecutor board consisting of
1411 members, appointed for staggered 3-year terms, as follows:
AB231-ASA1,3,16 15(1) From each district under s. 752.11 (1) (b), (c), and (d), 2 district attorneys
16appointed by a majority of district attorneys from the district.
AB231-ASA1,3,18 17(2) From the district under s. 752.11 (1) (a), the district attorney and a deputy
18district attorney appointed by the district attorney.
AB231-ASA1,3,21 19(3) Two nonelected prosecutors, each from a different county, appointed by a
20majority of nonelected prosecutors. Under this subsection, “prosecutor” does not
21include a special prosecutor appointed under s. 978.045 or 978.05 (8) (b).
AB231-ASA1,3,22 22(4) The attorney general or his or her designee.
AB231-ASA1,5 23Section 5. 16.971 (9) of the statutes, as affected by 2017 Wisconsin Act 59, is
24amended to read:
AB231-ASA1,4,8
116.971 (9) In conjunction with the public defender board, the prosecutor board,
2the director of state courts, and the departments of corrections and justice and
3district attorneys
, the department may maintain, promote and coordinate
4automated justice information systems that are compatible among counties and the
5officers and agencies specified in this subsection, using the moneys appropriated
6under s. 20.505 (1) (kh) and (kq). The department shall annually report to the
7legislature under s. 13.172 (2) concerning the department's efforts to improve and
8increase the efficiency of integration of justice information systems.
AB231-ASA1,6 9Section 6. 16.971 (10) of the statutes is amended to read:
AB231-ASA1,4,1310 16.971 (10) The department shall maintain, and provide the department of
11justice and the state prosecutors office with general access to, a case management
12system that allows the state prosecutors office and district attorneys to manage all
13case-related information and share the information among prosecutors.
AB231-ASA1,7 14Section 7. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
15the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
AB231-ASA1,8 16Section 8. 20.548 of the statutes is created to read:
AB231-ASA1,4,18 1720.548 Prosecutor board. There is appropriated to the prosecutor board for
18the following program:
AB231-ASA1,5,3
1(1) Coordination and administration of prosecutor functions. (a) Program
2administration.
The amounts in the schedule for program administration costs of
3the office of state prosecutors.
AB231-ASA1,5,64 (g) Gifts, grants, and proceeds. All moneys received from gifts and grants and
5all proceeds from services, conferences, and sales of publications and promotional
6materials for the purposes for which made or received.
AB231-ASA1,9 7Section 9. 20.923 (4) (f) 7x. of the statutes is created to read:
AB231-ASA1,5,88 20.923 (4) (f) 7x. State prosecutors office: executive director.
AB231-ASA1,10 9Section 10. 20.923 (6) (hs) of the statutes is created to read:
AB231-ASA1,5,1010 20.923 (6) (hs) State prosecutors office: legislative liaison.
AB231-ASA1,11 11Section 11. 227.118 of the statutes is created to read:
AB231-ASA1,5,21 12227.118 Review of rules affecting state prosecutors office. (1) Report
13on rules affecting state prosecutors office.
If a proposed rule directly affects the
14state prosecutors office, the agency proposing the rule shall, prior to submitting the
15proposed rule to the legislative council staff under s. 227.15, submit the proposed
16rule to the state prosecutors office. The state prosecutors office shall prepare a report
17on the proposed rule before it is submitted to the legislative council staff under s.
18227.15. The state prosecutors office may request any information from other state
19agencies, local governments, individuals, or organizations that is reasonably
20necessary for the office to prepare the report. The state prosecutors office shall
21prepare the report within 30 days after the rule is submitted to the office.
AB231-ASA1,5,24 22(2) Findings of the office to be contained in the report. The report of the
23state prosecutors office shall contain information about the effect of the proposed
24rule on the state prosecutors office.
AB231-ASA1,6,2
1(3) Applicability. This section does not apply to emergency rules promulgated
2under s. 227.24.
AB231-ASA1,12 3Section 12. 227.19 (3) (em) of the statutes is created to read:
AB231-ASA1,6,54 227.19 (3) (em) The report of the state prosecutors office, if the proposed rule
5directly affects the state prosecutors office.
AB231-ASA1,13 6Section 13. 230.08 (2) (qp) of the statutes is created to read:
AB231-ASA1,6,87 230.08 (2) (qp) The executive director and legislative liaison in the office of
8state prosecutors.
AB231-ASA1,14 9Section 14. 230.33 (1) of the statutes is amended to read:
AB231-ASA1,6,2010 230.33 (1) A person appointed to an unclassified position by the governor,
11elected officer, judicial body, or prosecutor board, or by a legislative body or
12committee shall be granted a leave of absence without pay for the duration of the
13appointment and for 3 months thereafter, during which time the person has
14restoration rights to the former position or equivalent position in the department in
15which last employed in a classified position without loss of seniority. The person
16shall also have reinstatement privileges for 5 years following appointment to the
17unclassified service or for one year after termination of the unclassified appointment
18whichever is longer. Restoration rights and reinstatement privileges shall be
19forfeited if the reason for termination of the unclassified appointment would also be
20reason for discharge from the former position in the classified service.
AB231-ASA1,15 21Section 15. 978.001 (1b), (1d) and (1n) of the statutes are created to read:
AB231-ASA1,6,2222 978.001 (1b) “Board" means the prosecutor board.
AB231-ASA1,6,24 23(1d) “Executive director" means the executive director appointed under s.
24978.003 (3).
AB231-ASA1,6,25 25(1n) “Office" means the state prosecutors office.
AB231-ASA1,16
1Section 16. 978.001 (1p) of the statutes is repealed.
AB231-ASA1,17 2Section 17. 978.003 of the statutes is created to read:
AB231-ASA1,7,3 3978.003 Board; duties. The board shall do all of the following:
AB231-ASA1,7,5 4(1) Submit the budget in accordance with s. 16.42 after the executive director
5submits the budget to the board and the board approves it.
AB231-ASA1,7,7 6(2) At least annually submit to the joint committee on finance
7recommendations on the allocation of prosecutor resources.
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