2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 231
January 23, 2018 - Offered by Representative Tusler.
1An Act to repeal
978.001 (1p) and 978.11; to amend
13.093 (2) (a), 16.971 (9), 2
16.971 (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, 4
20.548, 20.923 (4) (f) 7x., 20.923 (6) (hs), 227.118, 227.19 (3) (em), 230.08 (2) (qp), 5
978.001 (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
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
13.093 (2) (a) of the statutes is amended to read:
(a) Any bill making an appropriation, any bill increasing or 10
decreasing existing appropriations or state or general local government fiscal 11
liability or revenues, and any bill that modifies an existing surcharge or creates a
new surcharge that is imposed under ch. 814, shall, before any vote is taken thereon 2
by either house of the legislature if the bill is not referred to a standing committee, 3
or before any public hearing is held before any standing committee or, if no public 4
hearing is held, before any vote is taken by the committee, incorporate a reliable 5
estimate of the anticipated change in appropriation authority or state or general 6
local government fiscal liability or revenues under the bill, including to the extent 7
possible a projection of such changes in future biennia. The estimate shall also 8
indicate whether any increased costs incurred by the state under the bill can be 9
mitigated through the use of contractual service contracts let in accordance with 10
competitive procedures. For purposes of this paragraph, a bill increasing or 11
decreasing the liability or revenues of the unemployment reserve fund is considered 12
to increase or decrease state fiscal liability or revenues. Except as otherwise 13
provided by joint rules of the legislature or this paragraph, such estimates shall be 14
made by the department or agency administering the appropriation or fund or 15
collecting the revenue. The legislative council staff shall prepare the fiscal estimate 16
with respect to the provisions of any bill referred to the joint survey committee on 17
retirement systems which create or modify any system for, or make any provision for, 18
the retirement of or payment of pensions to public officers or employees. The director 19
of state courts shall prepare the fiscal estimate with respect to the provisions of any 20
bill that modifies an existing surcharge or creates a new surcharge that is imposed 21
under 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
When a fiscal estimate is prepared after the bill has been 25
introduced, it shall be printed and distributed as are amendments.
13.0967 of the statutes is created to read:
213.0967 Review of bills affecting state prosecutors office.
Any bill that 3
is introduced in either house of the legislature that directly affects the state 4
prosecutors office shall have a notation to that effect on its jacket when the jacket is 5
prepared. When a bill that has that notation on the jacket is introduced, the 6
legislative reference bureau shall submit a copy of the bill to the state prosecutors 7
15.105 (7) of the statutes is created to read:
15.105 (7) State prosecutors office.
There is created a prosecutors office that 10
is attached to the department of administration under s. 15.03. The executive 11
director shall be appointed by the prosecutor board.
15.77 of the statutes is created to read:
1315.77 Prosecutor board.
There is created a prosecutor board consisting of 14
11 members, appointed for staggered 3-year terms, as follows:
From each district under s. 752.11 (1) (b), (c), and (d), 2 district attorneys 16
appointed by a majority of district attorneys from the district.
From the district under s. 752.11 (1) (a), the district attorney and a deputy 18
district attorney appointed by the district attorney.
Two nonelected prosecutors, each from a different county, appointed by a 20
majority of nonelected prosecutors. Under this subsection, “prosecutor” does not 21
include a special prosecutor appointed under s. 978.045 or 978.05 (8) (b).
The attorney general or his or her designee.
In conjunction with the public defender board, the prosecutor board, 2
the director of state courts, and
the departments of corrections and justice and
, the department may maintain, promote and coordinate 4
automated justice information systems that are compatible among counties and the 5
officers and agencies specified in this subsection, using the moneys appropriated 6
under s. 20.505 (1) (kh) and (kq). The department shall annually report to the 7
legislature under s. 13.172 (2) concerning the department's efforts to improve and 8
increase the efficiency of integration of justice information systems.
16.971 (10) of the statutes is amended to read:
The department shall maintain, and provide the department of 11
justice and the state prosecutors office
with general access to, a case management 12
system that allows the state prosecutors office and
district attorneys to manage all 13
case-related information and share the information among prosecutors.
20.548 of the statutes is created to read:
1720.548 Prosecutor board.
There is appropriated to the prosecutor board for 18
the following program:
1(1) Coordination and administration of prosecutor functions.
The amounts in the schedule for program administration costs of 3
the office of state prosecutors.
(g) Gifts, grants, and proceeds.
All moneys received from gifts and grants and 5
all proceeds from services, conferences, and sales of publications and promotional 6
materials for the purposes for which made or received.
20.923 (4) (f) 7x. of the statutes is created to read:
(f) 7x. State prosecutors office: executive director.
20.923 (6) (hs) of the statutes is created to read:
(hs) State prosecutors office: legislative liaison.
227.118 of the statutes is created to read:
12227.118 Review of rules affecting state prosecutors office. (1) Report
13on rules affecting state prosecutors office.
If a proposed rule directly affects the 14
state prosecutors office, the agency proposing the rule shall, prior to submitting the 15
proposed rule to the legislative council staff under s. 227.15, submit the proposed 16
rule to the state prosecutors office. The state prosecutors office shall prepare a report 17
on the proposed rule before it is submitted to the legislative council staff under s. 18
227.15. The state prosecutors office may request any information from other state 19
agencies, local governments, individuals, or organizations that is reasonably 20
necessary for the office to prepare the report. The state prosecutors office shall 21
prepare the report within 30 days after the rule is submitted to the office.
22(2) Findings of the office to be contained in the report.
The report of the 23
state prosecutors office shall contain information about the effect of the proposed 24
rule on the state prosecutors office.
This section does not apply to emergency rules promulgated 2
under s. 227.24.
227.19 (3) (em) of the statutes is created to read:
(em) The report of the state prosecutors office, if the proposed rule 5
directly affects the state prosecutors office.
230.08 (2) (qp) of the statutes is created to read:
(qp) The executive director and legislative liaison in the office of 8
230.33 (1) of the statutes is amended to read:
A person appointed to an unclassified position by the governor, 11
elected officer, judicial body, or prosecutor board,
or by a legislative body or 12
committee shall be granted a leave of absence without pay for the duration of the 13
appointment and for 3 months thereafter, during which time the person has 14
restoration rights to the former position or equivalent position in the department in 15
which last employed in a classified position without loss of seniority. The person 16
shall also have reinstatement privileges for 5 years following appointment to the 17
unclassified service or for one year after termination of the unclassified appointment 18
whichever is longer. Restoration rights and reinstatement privileges shall be 19
forfeited if the reason for termination of the unclassified appointment would also be 20
reason for discharge from the former position in the classified service.
978.001 (1b), (1d) and (1n) of the statutes are created to read:
“Board" means the prosecutor board.
“Executive director" means the executive director appointed under s. 24
“Office" means the state prosecutors office.
978.001 (1p) of the statutes is repealed.
978.003 of the statutes is created to read:
3978.003 Board; duties.
The board shall do all of the following:
Submit the budget in accordance with s. 16.42 after the executive director 5
submits the budget to the board and the board approves it.
At least annually submit to the joint committee on finance 7
recommendations on the allocation of prosecutor resources.