Amendment SSA1-AB133

AB133-SSA1, s. 3154 Section 3154. 938.34 (3) (dm) of the statutes is repealed.

AB133-SSA1, s. 3158 Section 3158. 938.34 (5m) of the statutes is amended to read:

AB133-SSA1,1435,8 938.34 (5m) Community service work program. Order the juvenile to participate in a youth corps program, as defined in s. 16.22 46.78 (1) (dm) or another community service work program, if the sponsor of the program approves the juvenile's participation in the program.

AB133-SSA1, s. 3175r Section 3175r. 938.532 (1) of the statutes is amended to read:

AB133-SSA1,1435,13 938.532 (1) Program. The From the appropriations under s. 20.410 (3) (bb) and (hm), the department shall provide a juvenile boot camp program for juveniles who have been placed under the supervision of the department under s. 938.183, 938.34 (4h) or (4m) or 938.357 (4).

AB133-SSA1, s. 3176 Section 3176. 938.533 (2) of the statutes is amended to read:

AB133-SSA1,1436,16 938.533 (2) Corrective sanctions program. From the appropriation under s. 20.410 (3) (hr), the department shall provide a corrective sanctions program to serve an average daily population of 106 juveniles in fiscal year 1997-98 and 136 juveniles in fiscal year 1998-99, or an average daily population of more than 106 juveniles in fiscal year 1997-98 and 136 juveniles in fiscal year 1998-99 if the appropriation under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions for the program are increased under s. 13.101 or 16.505 (2) or if funding and positions to serve more than those that average daily populations population are otherwise available, in not less than 3 counties, including Milwaukee County. The office of juvenile offender review in the department shall evaluate and select for participation in the program juveniles who have been placed under the supervision of the department under s. 938.183, 938.34 (4h) or (4m) or 938.357 (4). The department shall place a program participant in the community, provide intensive surveillance of that participant and provide an average of $5,000 $3,000 per year per slot to purchase community-based treatment services for each participant. The department shall make the intensive surveillance required under this subsection available 24 hours a day, 7 days a week, and may purchase or provide electronic monitoring for the intensive surveillance of program participants. The department shall provide a report center in Milwaukee County to provide on-site programming after school and in the evening for juveniles from Milwaukee County who are placed in the corrective sanctions program. A contact worker providing services under the program shall have a case load of approximately 10 juveniles and, during the initial phase of placement in the community under the program of a juvenile who is assigned to that contact worker, shall have not less than one face-to-face contact per day with that juvenile. Case management services under the program shall be provided by a corrective sanctions agent who shall have a case load of approximately 15 juveniles. The department shall promulgate rules to implement the program.

AB133-SSA1, s. 3190t Section 3190t. 943.13 (4m) (c) of the statutes is created to read:

AB133-SSA1,1436,19 943.13 (4m) (c) A person entering or remaining on any exposed shore area of a stream as authorized under s. 30.134.

AB133-SSA1, s. 3191 Section 3191. 944.21 (8) (b) 3. a. of the statutes is amended to read:

AB133-SSA1,1436,23 944.21 (8) (b) 3. a. Is a technical college, is a school approved by the educational approval board under s. 39.51 45.54 or is a school described in s. 39.51 (9) (f), (g) or (h) 45.54 (1) (e) 6., 7. or 8.; and

AB133-SSA1, s. 3191c Section 3191c. 946.13 (10) of the statutes is amended to read:

AB133-SSA1,1437,5 946.13 (10) Subsection (1) (a) does not apply to a member of a private industry council or appointed under the job training partnership act, 29 USC 1512, local workforce development board established under 29 USC 2832 or to a member of the governor's council on workforce excellence appointed under s. 15.227 (24) council on workforce investment established under 29 USC 2821.

AB133-SSA1, s. 3191d Section 3191d. 946.15 (1) of the statutes is amended to read:

AB133-SSA1,1437,21 946.15 (1) Any employer, or any agent or employe of an employer, who induces any person who seeks to be or is employed pursuant to a public contract as defined in s. 66.29 (1) (c) or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 20.924 (1) (i) 3. or (j) 3. c., 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) to give up, waive or return any part of the compensation to which that person is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department or local governmental unit, or who reduces the hourly basic rate of pay normally paid to an employe for work on a project on which a prevailing wage rate determination has not been issued under s. 20.924 (1) (i) 3. or (j) 3. c., 66.293 (3) or (6), 103.49 (3) or 103.50 (3) during a week in which the employe works both on a project on which a prevailing wage rate determination has been issued and on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class E felony.

AB133-SSA1, s. 3191e Section 3191e. 946.15 (2) of the statutes is amended to read:

AB133-SSA1,1438,11 946.15 (2) Any person employed pursuant to a public contract as defined in s. 66.29 (1) (c) or employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 20.924 (1) (i) 3. or (j) 3. c., 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) who gives up, waives or returns to the employer or agent of the employer any part of the compensation to which the employe is entitled under his or her contract of employment or under the prevailing wage determination issued by the department or local governmental unit, or who gives up any part of the compensation to which he or she is normally entitled for work on a project on which a prevailing wage rate determination has not been issued under s. 20.924 (1) (i) 3. or (j) 3. c., 66.293 (3) or (6), 103.49 (3) or 103.50 (3) during a week in which the person works part-time on a project on which a prevailing wage rate determination has been issued and part-time on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class C misdemeanor.

AB133-SSA1, s. 3191f Section 3191f. 946.15 (3) of the statutes is amended to read:

AB133-SSA1,1438,22 946.15 (3) Any employer or labor organization, or any agent or employe of an employer or labor organization, who induces any person who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 20.924 (1) (i) 3. or (j) 3. c., 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) to permit any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the person's pay is guilty of a Class E felony, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c.

AB133-SSA1, s. 3191g Section 3191g. 946.15 (4) of the statutes is amended to read:

AB133-SSA1,1439,7 946.15 (4) Any person employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 20.924 (1) (i) 3. or (j) 3. c., 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) who permits any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c.

AB133-SSA1, s. 3197 Section 3197. 948.11 (4) (b) 3. a. of the statutes is amended to read:

AB133-SSA1,1439,11 948.11 (4) (b) 3. a. Is a technical college, is a school approved by the educational approval board under s. 39.51 45.54 or is a school described in s. 39.51 (9) (f), (g) or (h) 45.54 (1) (e) 6., 7. or 8.; and

AB133-SSA1, s. 3197j Section 3197j. 948.24 (1) (b) of the statutes is amended to read:

AB133-SSA1,1439,14 948.24 (1) (b) For anything of value, solicits, negotiates or arranges the placement of a child for adoption except under s. 48.833 (1).

AB133-SSA1, s. 3198 Section 3198. 949.08 (2) (g) of the statutes is repealed and recreated to read:

AB133-SSA1,1439,19 949.08 (2) (g) Is included on the statewide support lien docket under s. 49.854 (2) (b), unless the victim provides to the department a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

AB133-SSA1, s. 3198m Section 3198m. 950.04 (1v) (xm) of the statutes is amended to read:

AB133-SSA1,1439,23 950.04 (1v) (xm) To have the department of health and family services make a reasonable attempt to notify the victim under s. 980.11 regarding supervised release under s. 980.06 980.08 and discharge under s. 980.09 or 980.10.

AB133-SSA1, s. 3199 Section 3199. 950.06 (2) of the statutes is amended to read:

AB133-SSA1,1440,8 950.06 (2) The costs of providing services under sub. (1m) shall be paid for by the county, but the county is eligible to receive reimbursement from the state for not more than 90% of the costs incurred in providing those services. The department shall determine the level of services for which a county may be reimbursed. The county board shall file a claim for reimbursement with the department. The department shall reimburse counties under this subsection from the appropriation under s. 20.455 (5) (k), (kk) and (kp) and, on a semiannual basis, from the appropriations under s. 20.455 (5) (c) and (g).

AB133-SSA1, s. 3200 Section 3200. 950.06 (5) of the statutes is amended to read:

AB133-SSA1,1440,15 950.06 (5) The department shall review and approve the implementation and operation of programs and the annual reports under this section. The department may suspend or terminate reimbursement under s. 20.455 (5) (c) and (g) sub. (2) if the county fails to comply with its duties under this section. The department shall promulgate rules under ch. 227 for implementing and administering county programs approved under this section.

AB133-SSA1, s. 3202c Section 3202c. 973.032 (2) (b) of the statutes is amended to read:

AB133-SSA1,1440,21 973.032 (2) (b) Notwithstanding par. (a), a court may not sentence a person under sub. (1) if he or she is convicted of a felony punishable by life imprisonment or has at any time been convicted, adjudicated delinquent or found not guilty or not responsible by reason of insanity or mental disease, defect or illness for committing a violent offense, as defined in s. 301.048 (2) (bm).

AB133-SSA1, s. 3202e Section 3202e. 973.046 (1) (intro.) of the statutes is renumbered 973.046 (1r) and amended to read:

AB133-SSA1,1441,3 973.046 (1r) If a court imposes a sentence or places a person on probation under any of the following circumstances for a violation of s. 940.225, 948.02 (1) or (2) or 948.025, the court shall impose a deoxyribonucleic acid analysis surcharge of $250:.

AB133-SSA1, s. 3202f Section 3202f. 973.046 (1) (a) of the statutes is repealed.

AB133-SSA1, s. 3202g Section 3202g. 973.046 (1) (b) of the statutes is repealed.

AB133-SSA1, s. 3202h Section 3202h. 973.046 (1g) of the statutes is created to read:

AB133-SSA1,1441,9 973.046 (1g) Except as provided in sub. (1r), if a court imposes a sentence or places a person on probation for a felony conviction, the court may impose a deoxyribonucleic acid analysis surcharge of $250.

AB133-SSA1, s. 3202k Section 3202k. 973.047 (1) (a) of the statutes is renumbered 973.047 (1f) and amended to read:

AB133-SSA1,1441,15 973.047 (1f) If a court imposes a sentence or places a person on probation for a violation of s. 940.225, 948.02 (1) or (2) or 948.025 felony conviction, the court shall require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.

AB133-SSA1, s. 3202L Section 3202L. 973.047 (1) (b) of the statutes is repealed.

AB133-SSA1, s. 3202m Section 3202m. 973.047 (1) (c) of the statutes is renumbered 973.047 (1m) and amended to read:

AB133-SSA1,1441,22 973.047 (1m) The results from deoxyribonucleic acid analysis of a specimen provided under par. (a) or (b) this section may be used only as authorized under s. 165.77 (3). The state crime laboratories shall destroy any such specimen in accordance with s. 165.77 (3).

AB133-SSA1, s. 3202p Section 3202p. 973.047 (2) of the statutes is amended to read:

AB133-SSA1,1442,2 973.047 (2) The department of justice shall promulgate rules providing for procedures for defendants to provide specimens when required to do so under sub. (1) this section and for the transportation of those specimens to the state crime laboratories for analysis under s. 165.77.

AB133-SSA1, s. 3203 Section 3203. 973.05 (1) of the statutes is amended to read:

AB133-SSA1,1443,5 973.05 (1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment of the fine, of the penalty assessment imposed by s. 165.87 757.05, the jail assessment imposed by s. 302.46 (1), the crime victim and witness assistance surcharge under s. 973.045, the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable deoxyribonucleic acid analysis surcharge under s. 973.046, any applicable drug abuse program improvement surcharge imposed by s. 961.41 (5), any applicable consumer information assessment imposed by s. 100.261, any applicable domestic abuse assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable driver improvement surcharge imposed by s. 346.655, any applicable enforcement assessment imposed by s. 253.06 (4) (c), any applicable weapons assessment imposed by s. 167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4), any applicable environmental assessment imposed by s. 299.93, any applicable wild animal protection assessment imposed by s. 29.983, any applicable natural resources assessment imposed by s. 29.987 and any applicable natural resources restitution payment imposed by s. 29.989 to be made within a period not to exceed 60 days. If no such permission is embodied in the sentence, the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, the crime laboratories and drug law enforcement assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable consumer information assessment, any applicable domestic abuse assessment, any applicable driver improvement surcharge, any applicable enforcement assessment, any applicable weapons assessment, any applicable uninsured employer assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payment shall be payable immediately.

AB133-SSA1, s. 3204 Section 3204. 973.05 (2) of the statutes is amended to read:

AB133-SSA1,1444,14 973.05 (2) When a defendant is sentenced to pay a fine and is also placed on probation, the court may make the payment of the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, the crime laboratories and drug law enforcement assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable consumer information assessment, any applicable domestic abuse assessment, any applicable uninsured employer assessment, any applicable driver improvement surcharge, any applicable enforcement assessment under s. 253.06 (4) (c), any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payments a condition of probation. When the payments are made a condition of probation by the court, payments thereon shall be applied first to payment of the penalty assessment until paid in full, shall then be applied to the payment of the jail assessment until paid in full, shall then be applied to the payment of part A of the crime victim and witness assistance surcharge until paid in full, shall then be applied to part B of the crime victim and witness assistance surcharge until paid in full, shall then be applied to the crime laboratories and drug law enforcement assessment until paid in full, shall then be applied to the deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to the drug abuse improvement surcharge until paid in full, shall then be applied to payment of the driver improvement surcharge until paid in full, shall then be applied to payment of the domestic abuse assessment until paid in full, shall then be applied to payment of the consumer information assessment until paid in full, shall then be applied to payment of the natural resources assessment if applicable until paid in full, shall then be applied to payment of the natural resources restitution payment until paid in full, shall then be applied to the payment of the environmental assessment if applicable until paid in full, shall then be applied to the payment of the wild animal protection assessment if applicable until paid in full, shall then be applied to payment of the weapons assessment until paid in full, shall then be applied to payment of the uninsured employer assessment until paid in full, shall then be applied to payment of the enforcement assessment under s. 253.06 (4) (c), if applicable, until paid in full and shall then be applied to payment of the fine.

AB133-SSA1, s. 3205 Section 3205. 973.07 of the statutes is amended to read:

AB133-SSA1,1445,14 973.07 Failure to pay fine or costs or to comply with certain community service work. If the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, crime laboratories and drug law enforcement assessment, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable consumer information assessment, applicable domestic abuse assessment, applicable driver improvement surcharge, applicable enforcement assessment under s. 253.06 (4) (c), applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment and applicable natural resources restitution payments are not paid or community service work under s. 943.017 (3) is not completed as required by the sentence, the defendant may be committed to the county jail until the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, crime laboratories and drug law enforcement assessment, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable consumer information assessment, applicable domestic abuse assessment, applicable driver improvement surcharge, applicable enforcement assessment under s. 253.06 (4) (c), applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment or applicable natural resources restitution payments are paid or discharged, or the community service work under s. 943.017 (3) is completed, for a period fixed by the court not to exceed 6 months.

AB133-SSA1, s. 3205d Section 3205d. 973.09 (1) (d) of the statutes is renumbered 973.09 (1) (d) (intro.) and amended to read:

AB133-SSA1,1445,23 973.09 (1) (d) (intro.) If a person is convicted of an offense that provides a mandatory or presumptive minimum period of one year or less of imprisonment, a court may place the person on probation under par. (a) if the court requires, as a condition of probation, that the person be confined under sub. (4) for at least that mandatory or presumptive minimum period. The person is eligible to earn good time credit calculated under s. 302.43 regarding the period of confinement. This paragraph does not apply if the conviction is for any of the following:

AB133-SSA1,1445,25 1. A violation under s. 346.63 (1) that subjects the person to a mandatory minimum period of imprisonment under s. 346.65 (2) (b) or (c).

AB133-SSA1, s. 3205e Section 3205e. 973.09 (1) (d) 2. of the statutes is created to read:

AB133-SSA1,1446,5 973.09 (1) (d) 2. A violation under s. 346.63 (2) or (6) that subjects the person to a mandatory minimum period of imprisonment under s. 346.65 (3m), if the person has a total of 3 or fewer convictions, suspensions or revocations counted under s. 343.307 (2).

AB133-SSA1, s. 3205f Section 3205f. 973.09 (1) (d) 3. of the statutes is created to read:

AB133-SSA1,1446,10 973.09 (1) (d) 3. A violation under s. 346.63 (5) that subjects the person to a mandatory minimum period of imprisonment under s. 346.65 (2j) (c), if the person has a total of 3 or fewer convictions, suspensions or revocations counted under s. 343.307 (2).

AB133-SSA1, s. 3206g Section 3206g. 977.08 (5) (b) of the statutes is repealed.

AB133-SSA1, s. 3206h Section 3206h. 977.08 (5) (bn) (intro.) of the statutes is amended to read:

AB133-SSA1,1446,16 977.08 (5) (bn) (intro.) Beginning on October 14, 1997, and ending on June 30, 1999 Except as provided in par. (br), any of the following constitutes an annual caseload standard for an assistant state public defender in the subunit responsible for trials:

AB133-SSA1, s. 3206k Section 3206k. 977.08 (5) (bn) 1r. of the statutes is amended to read:

AB133-SSA1,1446,19 977.08 (5) (bn) 1r. Cases representing persons under ss. s. 980.05 and 980.06: 15.

AB133-SSA1, s. 3207 Section 3207. 977.08 (5) (br) of the statutes is created to read:

AB133-SSA1,1446,24 977.08 (5) (br) Beginning on July 1, 2000, the state public defender may exempt up to 10 full-time assistant state public defenders in the subunit responsible for trials from the annual caseload standards under par. (bn) based on their need to perform other assigned duties.

AB133-SSA1, s. 3207r Section 3207r. 978.01 (2) (b) of the statutes is amended to read:

AB133-SSA1,1447,3 978.01 (2) (b) A district attorney serves on a part-time basis if his or her prosecutorial unit consists of Buffalo, Florence, Forest, Pepin, Richland, Rusk, Trempealeau or Vernon county.

AB133-SSA1, s. 3208 Section 3208. 978.03 (3) of the statutes is amended to read:

AB133-SSA1,1447,10 978.03 (3) Any assistant district attorney under sub. (1), (1m) or (2) must be an attorney admitted to practice law in this state and, except as provided in s. 978.043, may perform any duty required by law to be performed by the district attorney. The district attorney of the prosecutorial unit under sub. (1), (1m) or (2) may appoint such temporary counsel as may be authorized by the department of administration.

AB133-SSA1, s. 3209 Section 3209. 978.04 of the statutes is amended to read:

AB133-SSA1,1447,18 978.04 Assistants in certain prosecutorial units. The district attorney of any prosecutorial unit having a population of less than 100,000 may appoint one or more assistant district attorneys as necessary to carry out the duties of his or her office and as may be requested by the department of administration authorized in accordance with s. 16.505. Any such assistant district attorney must be an attorney admitted to practice law in this state and, except as provided in s. 978.043, may perform any duty required by law to be performed by the district attorney.

AB133-SSA1, s. 3209m Section 3209m. 978.042 of the statutes is created to read:

AB133-SSA1,1448,3 978.042 Prosecutor caseload measurement; redistribution of assistant district attorney positions. (1) The department of administration shall develop a weighted prosecutor caseload measurement formula to assist in determining the comparative need for assistant district attorneys in this state. The formula shall be based on the number of cases filed in a given year and the time needed to prosecute the cases, as applied to the average number of cases filed by a prosecutorial unit during the most recent 3-year period for which data is available. The department may consult with the Wisconsin District Attorneys Association in developing the formula.

AB133-SSA1,1448,7 (2) Notwithstanding s. 978.03 and 978.04, the department of administration shall transfer an authorized assistant district attorney position from the prosecutorial unit to which it is allocated to another prosecutorial unit if all of the following apply:

AB133-SSA1,1448,8 (a) A vacancy occurs in the position.

AB133-SSA1,1448,15 (b) The prosecutorial unit from which the position is transferred has a prosecutor workload of less than 100% of the standard full-time workload, according to the weighted prosecutor caseload measurement formula developed under sub. (1), and transferring the position from the prosecutorial unit would not result in the prosecutorial unit having a prosecutor workload of more than 100% of the standard full-time workload, according to the weighted prosecutor caseload measurement formula developed under sub. (1).

AB133-SSA1,1448,20 (c) The prosecutorial unit to which the position is transferred requested additional assistant district attorney position authorization for the fiscal biennium in which the transfer is made and has a prosecutor workload of more than 100% of the standard full-time workload, according to the weighted prosecutor caseload measurement formula developed under sub. (1).

AB133-SSA1, s. 3210 Section 3210. 978.043 of the statutes is created to read:

AB133-SSA1,1449,6 978.043 Assistants for prosecution of sexually violent person commitment cases. The district attorney of the prosecutorial unit that consists of Brown County and the district attorney of the prosecutorial unit that consists of Milwaukee County shall each assign one assistant district attorney in his or her prosecutorial unit to be a sexually violent person commitment prosecutor. An assistant district attorney assigned under this section to be a sexually violent person commitment prosecutor may engage only in the prosecution of sexually violent person commitment proceedings under ch. 980 and, at the request of the district attorney of the prosecutorial unit, may file and prosecute sexually violent person commitment proceedings under ch. 980 in any prosecutorial unit in this state.

AB133-SSA1, s. 3211 Section 3211. 978.05 (8) (b) of the statutes is amended to read:

AB133-SSA1,1449,17 978.05 (8) (b) Hire, employ and supervise his or her staff and, subject to s. 978.043, make appropriate assignments of the staff throughout the prosecutorial unit. The district attorney may request the assistance of district attorneys, deputy district attorneys or assistant district attorneys from other prosecutorial units or assistant attorneys general who then may appear and assist in the investigation and prosecution of any matter for which a district attorney is responsible under this chapter in like manner as assistants in the prosecutorial unit and with the same authority as the district attorney in the unit in which the action is brought. Nothing in this paragraph limits the authority of counties to regulate the hiring, employment and supervision of county employes.

AB133-SSA1, s. 3211p Section 3211p. 978.12 (5) (b) of the statutes is amended to read:

AB133-SSA1,1449,24 978.12 (5) (b) Employes generally. District attorneys and state employes of the office of district attorney shall be included within the provisions of the Wisconsin retirement system under ch. 40 as a participating employe of that office, except that the district attorney and state employes of the office of district attorney in a county having a population of 500,000 or more have the option provided under par. (c) s. 978.12 (5) (c), 1997 stats.

AB133-SSA1, s. 3211r Section 3211r. 978.12 (5) (c) 5. of the statutes is repealed.

AB133-SSA1, s. 3211t Section 3211t. 978.12 (6) of the statutes is renumbered 978.12 (6) (a) and amended to read:

AB133-SSA1,1451,19 978.12 (6) (a) District attorneys and state employes of the office of district attorney shall be included within all insurance benefit plans under ch. 40, except as authorized in this subsection paragraph. Alternatively, the state shall provide insurance benefit plans for district attorneys and state employes in the office of district attorney in the manner provided in this subsection paragraph. A district attorney or other employe of the office of district attorney who was employed in that office as a county employe on December 31, 1989, and who received any form of fringe benefits other than a retirement, deferred compensation or employe-funded reimbursement account plan as a county employe, as defined by that county pursuant to the county's personnel policies, or pursuant to a collective bargaining agreement in effect on January 1, 1990, or the most recent collective bargaining agreement covering represented employes who are not covered by such an agreement, may elect to continue to be covered under all such fringe benefit plans provided by the county after becoming a state employe. In a county having a population of 500,000 or more, the fringe benefit plans shall include health insurance benefits fully paid by the county for each retired employe who, on or after December 31, 1989, attains at least 15 years of service in the office of district attorney of that county, whether or not the service is as a county employe, for the duration of the employe's life. An employe may make an election under this subsection paragraph no later than January 31, 1990, except that an employe who serves as an assistant district attorney in a county having a population of 500,000 or more may make an election under this subsection paragraph no later than March 1, 1990. An election under this subsection paragraph shall be for the duration of the employe's employment in the office of district attorney for the same county by which the employe was employed or until the employe terminates the election under this subsection paragraph, at the same cost to the county as the county incurs for a similarly situated county employe. If Subject to par. (b), if the employer's cost for such fringe benefits for any such employe is less than or equal to the cost for comparable coverage under ch. 40, if any, the state shall reimburse the county for that cost. If Subject to par. (b), if the employer's cost for such fringe benefits for any such employe is greater than the cost for comparable coverage under ch. 40, the state shall reimburse the county for the cost of comparable coverage under ch. 40 and the county shall pay the remainder of the cost. The cost of comparable coverage under ch. 40 shall equal the average cost of comparable coverage under ch. 40 for employes in the office of the state public defender, as contained in budget determinations approved by the joint committee on finance or the legislature under the biennial budget act for the period during which the costs are incurred. An employe who makes the election under this subsection paragraph may terminate that election, and shall then be included within all insurance benefit plans under ch. 40, except that the department of employe trust funds may require prior written notice, not exceeding one year's duration, of an employe's intent to be included under any insurance benefit plan under ch. 40.