2019 - 2020 LEGISLATURE
September 27, 2019 - Introduced by Senators Wanggaard and Bernier,
cosponsored by Representatives Tusler, McGuire, Born, Ott, Bowen,
Edming, Kurtz, Mursau, Neubauer, Novak, Petryk, Riemer, Schraa, Tittl,
Zamarripa and Vruwink. Referred to Committee on Insurance, Financial
Services, Government Oversight and Courts.
SB460,1,6 1An Act to repeal 978.001 (1p) and 978.11; to amend 13.093 (2) (a), 230.33 (1),
2978.03, 978.045 (1g), 978.045 (1r) (bm) (intro.), 978.045 (2), 978.05 (9) and
3978.12 (1) (c); and to create 13.0967, 15.105 (7), 15.77, 20.548, 20.923 (4) (f) 7x.,
420.923 (6) (hs), 230.08 (2) (qp), 978.001 (1b), (1d) and (1n), 978.003, 978.004 and
5978.005 of the statutes; relating to: creation of a prosecutor board and a state
6prosecutors office and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill creates an independent prosecutor board that oversees and sets
policies for a state prosecutors office, also created in this bill. Under this bill, the
executive director of the state prosecutors office manages the office; prepares
personnel policies, fiscal estimates, and an annual report; and represents the board
before the governor, the legislature, bar associations, and courts. The executive
director may also identify methods and practices for district attorneys that promote
professional competence and ethical practices. Under this bill, the state prosecutors
office assumes duties relating to district attorneys that current law assigns to the
Department of Administration, such as preparing a budget for all of the prosecutorial
units, approving appointments of special prosecutors when needed, and making
requests for assistant district attorneys in certain prosecutorial units.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB460,1 1Section 1. 13.093 (2) (a) of the statutes is amended to read:
SB460,3,82 13.093 (2) (a) Any bill making an appropriation, any bill increasing or
3decreasing existing appropriations or state or general local government fiscal
4liability or revenues, and any bill that modifies an existing surcharge or creates a
5new surcharge that is imposed under ch. 814, shall, before any vote is taken thereon
6by either house of the legislature if the bill is not referred to a standing committee,
7or before any public hearing is held before any standing committee or, if no public
8hearing is held, before any vote is taken by the committee, incorporate a reliable
9estimate of the anticipated change in appropriation authority or state or general
10local government fiscal liability or revenues under the bill, including to the extent
11possible a projection of such changes in future biennia. The estimate shall also
12indicate whether any increased costs incurred by the state under the bill can be
13mitigated through the use of contractual service contracts let in accordance with
14competitive procedures. For purposes of this paragraph, a bill increasing or
15decreasing the liability or revenues of the unemployment reserve fund is considered
16to increase or decrease state fiscal liability or revenues. Except as otherwise
17provided by joint rules of the legislature or this paragraph, such estimates shall be
18made by the department or agency administering the appropriation or fund or
19collecting the revenue. The legislative council staff shall prepare the fiscal estimate
20with respect to the provisions of any bill referred to the joint survey committee on
21retirement systems which create or modify any system for, or make any provision for,

1the retirement of or payment of pensions to public officers or employees. The director
2of state courts shall prepare the fiscal estimate with respect to the provisions of any
3bill that modifies an existing surcharge or creates a new surcharge that is imposed
4under ch. 814. The executive director of the state prosecutors office shall prepare the
5fiscal estimate with respect to the provisions of any bill that affects prosecutors or
6the state prosecutors office, including bills modifying or creating crimes or
7sentencing practices.
When a fiscal estimate is prepared after the bill has been
8introduced, it shall be printed and distributed as are amendments.
SB460,2 9Section 2. 13.0967 of the statutes is created to read:
SB460,3,15 1013.0967 Review of bills affecting state prosecutors office. Any bill that
11is introduced in either house of the legislature that directly affects the state
12prosecutors office shall have a notation to that effect on its jacket when the jacket is
13prepared. When a bill that has that notation on the jacket is introduced, the
14legislative reference bureau shall submit a copy of the bill to the state prosecutors
SB460,3 16Section 3. 15.105 (7) of the statutes is created to read:
SB460,3,1917 15.105 (7) State prosecutors office. There is created a prosecutors office that
18is attached to the department of administration under s. 15.03. The executive
19director shall be appointed by the prosecutor board.
SB460,4 20Section 4. 15.77 of the statutes is created to read:
SB460,3,22 2115.77 Prosecutor board. There is created a prosecutor board consisting of
2211 members, appointed for staggered 3-year terms, as follows:
SB460,3,24 23(1) From each district under s. 752.11 (1) (b), (c), and (d), 2 district attorneys
24appointed by a majority of district attorneys from the district.
1(2) From the district under s. 752.11 (1) (a), the district attorney and a deputy
2district attorney appointed by the district attorney.
SB460,4,5 3(3) Two nonelected prosecutors, each from a different county, appointed by a
4majority of nonelected prosecutors. Under this subsection, “prosecutor” does not
5include a special prosecutor appointed under s. 978.045 or 978.05 (8) (b).
SB460,4,6 6(4) The attorney general or his or her designee.
SB460,5 7Section 5 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
8the 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
SB460,6 9Section 6. 20.548 of the statutes is created to read:
SB460,4,11 1020.548 Prosecutor board. There is appropriated to the prosecutor board for
11the following program:
SB460,4,14 12(1) Coordination and administration of prosecutor functions. (a) Program
The amounts in the schedule for program administration costs of
14the office of state prosecutors.
SB460,4,1715 (g) Gifts, grants, and proceeds. All moneys received from gifts and grants and
16all proceeds from services, conferences, and sales of publications and promotional
17materials for the purposes for which made or received.
SB460,7 18Section 7. 20.923 (4) (f) 7x. of the statutes is created to read:
SB460,4,1919 20.923 (4) (f) 7x. State prosecutors office: executive director.
1Section 8. 20.923 (6) (hs) of the statutes is created to read:
SB460,5,22 20.923 (6) (hs) State prosecutors office: legislative liaison.
SB460,9 3Section 9. 230.08 (2) (qp) of the statutes is created to read:
SB460,5,54 230.08 (2) (qp) The executive director and legislative liaison in the office of
5state prosecutors.
SB460,10 6Section 10. 230.33 (1) of the statutes is amended to read:
SB460,5,177 230.33 (1) A person appointed to an unclassified position by the governor,
8elected officer, judicial body, or prosecutor board, or by a legislative body or
9committee shall be granted a leave of absence without pay for the duration of the
10appointment and for 3 months thereafter, during which time the person has
11restoration rights to the former position or equivalent position in the department in
12which last employed in a classified position without loss of seniority. The person
13shall also have reinstatement privileges for 5 years following appointment to the
14unclassified service or for one year after termination of the unclassified appointment
15whichever is longer. Restoration rights and reinstatement privileges shall be
16forfeited if the reason for termination of the unclassified appointment would also be
17reason for discharge from the former position in the classified service.
SB460,11 18Section 11. 978.001 (1b), (1d) and (1n) of the statutes are created to read:
SB460,5,1919 978.001 (1b) “Board" means the prosecutor board.
SB460,5,21 20(1d) “Executive director" means the executive director appointed under s.
21978.003 (3).
SB460,5,22 22(1n) “Office" means the state prosecutors office.
SB460,12 23Section 12. 978.001 (1p) of the statutes is repealed.
SB460,13 24Section 13. 978.003 of the statutes is created to read:
SB460,5,25 25978.003 Board; duties. The board shall do all of the following:
1(1) Submit the budget in accordance with s. 16.42 after the executive director
2submits the budget to the board and the board approves it.
SB460,6,4 3(2) At least annually submit to the joint committee on finance
4recommendations on the allocation of prosecutor resources.
SB460,6,6 5(3) Appoint an attorney with experience in criminal prosecution as the
6executive director of the office.
SB460,6,7 7(4) Oversee, and set policy initiatives for, the executive director.
SB460,6,9 8(5) Review existing law or proposed legislation and make recommendations to
9the legislature.
SB460,14 10Section 14. 978.004 of the statutes is created to read: