SB21-SSA1,4728
6Section
4728. 946.42 (3) (c) of the statutes is amended to read:
SB21-SSA1,1447,97
946.42
(3) (c) Subject to a disposition under s. 938.34 (4d), (4h)
, or (4m), to a
8placement under s. 938.357 (4)
or 938.533 (3) (a), or to
community supervision or 9aftercare revocation under s. 938.357 (5) (e).
SB21-SSA1,4731f
10Section 4731f. 961.385 (1) (a) of the statutes is created to read:
SB21-SSA1,1447,1111
961.385
(1) (a) "Administer" has the meaning given in s. 450.01 (1).
SB21-SSA1,4731g
12Section 4731g. 961.385 (1) (ac) of the statutes is created to read:
SB21-SSA1,1447,1313
961.385
(1) (ac) "Board" means the controlled substances board.
SB21-SSA1,4731h
14Section 4731h. 961.385 (1) (aj) of the statutes is created to read:
SB21-SSA1,1447,1715
961.385
(1) (aj) "Patient" means an individual for whom a monitored
16prescription drug is prescribed or to whom a monitored prescription drug is
17dispensed or administered.
SB21-SSA1,4731i
18Section 4731i. 961.385 (1) (aL) of the statutes is created to read:
SB21-SSA1,1447,2219
961.385
(1) (aL) "Pharmacist" means a person licensed by the pharmacy
20examining board under s. 450.03 or 450.05 or licensed in another state and
21recognized by this state as a person authorized to engage in the practice of pharmacy
22in the state in which the person is licensed.
SB21-SSA1,4731j
23Section 4731j. 961.385 (1) (an) of the statutes is created to read:
SB21-SSA1,1447,2524
961.385
(1) (an) "Pharmacy" means a place of practice licensed under s. 450.06
25or 450.065.
SB21-SSA1,4731k
1Section 4731k. 961.385 (1) (b) of the statutes is created to read:
SB21-SSA1,1448,42
961.385
(1) (b) "Prescription order" means an order transmitted orally,
3electronically, or in writing by a practitioner for a monitored prescription drug for a
4particular patient.
SB21-SSA1,4733
5Section 4733. 973.0455 of the statutes is created to read:
SB21-SSA1,1448,11
6973.0455 Crime prevention funding board surcharge. (1) If a court in a
7county that has established a crime prevention funding board under s. 59.54 (28)
8imposes a sentence or places a person on probation, the court shall impose a crime
9prevention funding board surcharge. The surcharge is the total amount calculated
10by adding up, for each misdemeanor or felony count on which a conviction occurred,
11$20.
SB21-SSA1,1448,14
12(2) After the clerk determines the amount due, the clerk of court shall collect
13and transmit the amount to the county treasurer under s. 59.40 (2) (n). The county
14treasurer shall then distribute the moneys under s. 59.25 (3) (gm).
SB21-SSA1,4734
15Section
4734. 973.05 (2m) (rv) of the statutes is created to read:
SB21-SSA1,1448,1716
973.05
(2m) (rv) To payment of the crime prevention funding board surcharge
17until paid in full.
SB21-SSA1,4734m
18Section 4734m. 973.05 (3) (a) of the statutes is amended to read:
SB21-SSA1,1449,319
973.05
(3) (a) In lieu of part or all of a fine imposed by a court, the court may
20stay the execution of part or all of the sentence and provide that the defendant
21perform community service work under pars. (b) and (c). Any applicable driver
22improvement surcharge under s. 346.655
, any safe ride program surcharge under s.
23346.657, or any domestic abuse surcharge under s. 973.055 shall be imposed under
24ch. 814 regardless of whether part or all of the sentence has been stayed. If the
25defendant fails to comply with the community service order, the court shall order the
1defendant brought before the court for imposition of sentence. If the defendant
2complies with the community service order, he or she has satisfied that portion of the
3sentence.
SB21-SSA1,4735
4Section
4735. 973.06 (1) (j) of the statutes is amended to read:
SB21-SSA1,1449,145
973.06
(1) (j) If the defendant violated s. 23.33 (4c), 30.681,
114.09, 346.63,
6350.101, 940.09 (1), or 940.25, any costs charged to or paid by a law enforcement
7agency for the withdrawal of the defendant's blood, except that the court may not
8impose on the defendant any cost for an alternative test provided free of charge as
9described in s. 343.305 (4). If at the time the court finds that the defendant
10committed the violation, the law enforcement agency has not paid or been charged
11with the costs of withdrawing the person's blood, the court shall impose and collect
12the costs the law enforcement agency reasonably expects to be charged for the
13withdrawal, based on the current charges for this procedure. Notwithstanding sub.
14(2), the court may not remit these costs.
SB21-SSA1,4735d
15Section 4735d. 978.01 (2) (a) of the statutes is renumbered 978.01 (2) and
16amended to read:
SB21-SSA1,1449,1817
978.01
(2) Except as provided in par. (b), each Each district attorney serves on
18a full-time basis.
SB21-SSA1,4735r
19Section 4735r. 978.01 (2) (b) of the statutes is repealed.
SB21-SSA1,4736
20Section
4736. 978.03 (1) of the statutes is amended to read:
SB21-SSA1,1450,521
978.03
(1) The district attorney of any prosecutorial unit having a population
22of 500,000 or more may appoint
5 7 deputy district attorneys and such assistant
23district attorneys as may be requested by the department of administration and
24authorized in accordance with s. 16.505. The district attorney shall rank the deputy
25district attorneys for purposes of carrying out duties under this section. The
1deputies, according to rank, may perform any duty of the district attorney, under the
2district attorney's direction. In the absence or disability of the district attorney, the
3deputies, according to rank, may perform any act required by law to be performed
4by the district attorney. Any such deputy must have practiced law in this state for
5at least 2 years prior to appointment under this section.
SB21-SSA1,4737
6Section
4737. 978.045 (1r) (intro.) of the statutes is amended to read:
SB21-SSA1,1450,177
978.045
(1r) (intro.) Any judge of a court of record, by an order entered in the
8record stating the cause for it, may appoint an attorney as a special prosecutor to
9perform, for the time being, or for the trial of the accused person, the duties of the
10district attorney. An attorney appointed under this subsection shall have all of the
11powers of the district attorney. The judge may appoint an attorney as a special
12prosecutor at the request of a district attorney to assist the district attorney in the
13prosecution of persons charged with a crime, in grand jury proceedings or John Doe
14proceedings under s. 968.26, in proceedings under ch. 980, or in investigations. The
15judge may appoint an attorney as a special prosecutor
only if
the judge or the
16requesting district attorney submits an affidavit to the department of
17administration attesting that any of the following conditions exists:
SB21-SSA1,4737t
18Section 4737t. 978.045 (1r) (bm) of the statutes is created to read:
SB21-SSA1,1450,2019
978.045
(1r) (bm) The district attorney, or a deputy or assistant district
20attorney for the district attorney office, is on parental leave.
SB21-SSA1,4738
21Section
4738. 978.045 (1r) (e) of the statutes is amended to read:
SB21-SSA1,1450,2422
978.045
(1r) (e) The district attorney is
physically unable to attend to his or her
23duties
due to a health issue or has a mental incapacity that impairs his or her ability
24to substantially perform his or her duties.
SB21-SSA1,4739
1Section
4739. 978.045 (2) (a), (b) and (c) of the statutes are consolidated,
2renumbered 978.045 (2) and amended to read:
SB21-SSA1,1451,133
978.045
(2) The If the department of administration approves the appointment
4of a special prosecutor under sub. (1r), the court shall fix the amount of compensation
5for
any the attorney appointed
as a special prosecutor under sub. (1r) according to
6the rates specified in s. 977.08 (4m) (b).
(b) The department of administration shall
7pay the compensation ordered by the court from the appropriation under s. 20.475
8(1) (d).
(c) The court, district attorney
, and the special prosecutor shall provide any
9information regarding a payment
under par. (b)
of compensation that the
10department requests.
Any payment under this subsection earns interest on the
11balance due from the 121st day after receipt of a properly completed invoice or receipt
12and acceptance of the property or service under the order or contract, whichever is
13later, at the rate specified in s. 71.82 (1) (a) compounded monthly.
SB21-SSA1,4740
14Section
4740. 978.05 (6) (a) of the statutes is amended to read:
SB21-SSA1,1452,215
978.05
(6) (a) Institute, commence or appear in all civil actions or special
16proceedings under and perform the duties set forth for the district attorney under ch.
17980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36,
89.08, 103.50 (8),
18103.92 (4), 109.09, 343.305 (9) (a),
453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and
19(6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties
20in connection with court proceedings in a court assigned to exercise jurisdiction
21under chs. 48 and 938 as the judge may request and perform all appropriate duties
22and appear if the district attorney is designated in specific statutes, including
23matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this
24paragraph limits the authority of the county board to designate, under s. 48.09 (5),
25that the corporation counsel provide representation as specified in s. 48.09 (5) or to
1designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate
2person to represent the interests of the public under s. 48.14 or 938.14.
SB21-SSA1,4740e
3Section 4740e. 978.06 (3) (a) of the statutes is amended to read:
SB21-SSA1,1452,104
978.06
(3) (a) No district attorney, deputy district attorney or assistant district
5attorney while in office may hold any judicial office. No full-time district attorney,
6deputy district attorney or assistant district attorney may hold the office of or act as
7corporation counsel or city, village or town attorney. A part-time
district attorney, 8deputy district attorney or assistant district attorney may hold the office of or act as
9corporation counsel or city, village or town attorney or otherwise serve as legal
10counsel to any governmental unit.
SB21-SSA1,4740n
11Section 4740n. 978.06 (5) (a) of the statutes is amended to read:
SB21-SSA1,1452,1712
978.06
(5) (a) No full-time district attorney, deputy district attorney or
13assistant district attorney may engage in a private practice of law, but he or she is
14authorized to complete all civil cases, not in conflict with the interest of the county
15or counties of his or her prosecutorial unit, in which he or she is counsel, pending in
16court before he or she takes office. A part-time
district attorney, deputy district
17attorney or assistant district attorney may engage in a private practice of law.
SB21-SSA1,4742
18Section
4742. 978.12 (1) (c) of the statutes is amended to read:
SB21-SSA1,1453,519
978.12
(1) (c)
Assistant district attorneys. Assistant district attorneys shall be
20employed outside the classified service. For purposes of salary administration, the
21director of the office administrator of the division of
state employment relations 22personnel management in the department of administration shall establish one or
23more classifications for assistant district attorneys in accordance with the
24classification or classifications allocated to assistant attorneys general. Except as
25provided in ss. 111.93 (3) (b) and 230.12 (10), the salaries of assistant district
1attorneys shall be established and adjusted in accordance with the state
2compensation plan for assistant attorneys general whose positions are allocated to
3the classification or classifications established by the
director of the office 4administrator of the division of
state employment relations personnel management
5in the department of administration.
SB21-SSA1,1453,169[
2013 Wisconsin Act 20] Section 9252 (1) (a) (intro.) Notwithstanding
2011
10Wisconsin Act 32, section
9255 (1) (c) and (d), the secretary shall not lapse any money
11from the agencies specified in those paragraphs during the 2013-15 fiscal biennium,
12but shall instead lapse to the general fund from the unencumbered balances of
13general purpose revenue and program revenue appropriations to the following
14executive branch state agencies, other than sum sufficient appropriations and
15appropriations of federal revenues, the following amounts in the 2013-14, 2014-15,
16and 2015-16
, and 2016-17 fiscal years:
SB21-SSA1,1453,2018[
2013 Wisconsin Act 229] Section 6 (1) This act takes effect on July 1,
2015 2017,
19and first applies to bad debts resulting from sales completed beginning on July 1,
202017.
SB21-SSA1,4751c
21Section 4751c. Chapter Trans 75 of the administrative code is repealed.
SB21-SSA1,9101
22Section 9101.
0Nonstatutory provisions; Administration.
SB21-SSA1,1453,23
23(3)
State energy office.
SB21-SSA1,1453,24
24(a)
Definitions. In this subsection:
SB21-SSA1,1453,25
251. "Commission" means the public service commission.
SB21-SSA1,1454,1
12. "Department" means the department of administration.
SB21-SSA1,1454,3
23. "Office" means the state energy office in the division of energy services of the
3department.
SB21-SSA1,1454,6
4(b)
Assets and liabilities. On the effective date of this paragraph, the assets and
5liabilities of the department primarily relating to the office, as determined by the
6secretary of administration, become the assets and liabilities of the commission.
SB21-SSA1,1454,10
7(c)
Employee transfers. On the effective date of this paragraph, 5.0 FTE FED
8positions, and the incumbent employees holding those positions, in the department
9who perform duties primarily related to the office, as determined by the secretary of
10administration, are transferred to the commission.
SB21-SSA1,1454,15
11(d)
Employee status. Employees transferred under paragraph (c
) have all the
12rights and the same status under chapter 230 of the statutes in the commission that
13they enjoyed in the department immediately before the transfer. Notwithstanding
14section 230.28 (4) of the statutes, no employee so transferred who has attained
15permanent status in class is required to serve a probationary period.
SB21-SSA1,1454,19
16(e)
Tangible personal property. On the effective date of this paragraph, all
17tangible personal property, including records, of the department primarily relating
18to the office, as determined by the secretary of administration, becomes the personal
19property of the commission.
SB21-SSA1,1454,24
20(f)
Pending matters. Any matter pending with the department primarily
21relating to the office, as determined by the department, on the effective date of this
22paragraph is transferred to the commission. All materials submitted to or actions
23taken by the department are considered as having been submitted to or taken by the
24commission.
SB21-SSA1,1455,5
1(g)
Contracts. All contracts entered into by the department primarily relating
2to the office, as determined by the department, in effect on the effective date of this
3paragraph remain in effect and are transferred to the commission. The commission
4shall carry out any obligations under those contracts unless modified or rescinded
5to the extent allowed under the contract.
SB21-SSA1,1455,7
6(5n) Plan for information technology services for certain agencies and
7shared agency services pilot program.
SB21-SSA1,1455,16
8(a) In this subsection, "agency" means the board of commissioners of public
9lands; the board on aging and long-term care; the board for people with
10developmental disabilities; the educational communications board; the department
11of financial institutions; the government accountability board; the higher
12educational aids board; the state historical society; the public service commission;
13the department of safety and professional services; the office of the secretary of state;
14the state fair park board; the technical college system board; the department of
15tourism; the office of the governor; the office of the lieutenant governor; and the office
16of the state treasurer.
SB21-SSA1,1455,23
17(b) The department of administration shall consult with each agency and
18develop a plan for assuming responsibility for services relating to human resources,
19payroll, finance, budgeting, procurement, and information technology for any
20agency. The department of administration shall include in the plan which services
21would be provided to each agency, which positions would be deleted or transferred,
22and the number and type of positions and associated funding that would be provided
23to the department of administration.
SB21-SSA1,1456,3
1(c) The secretary of administration shall submit a plan developed under
2paragraph (b) to the joint committee on finance for approval under section 13.10 of
3the statutes no later than March 1, 2016, for implementation beginning July 1, 2016.
SB21-SSA1,1456,4
4(7j) Interoperability council report.
SB21-SSA1,1456,5
5(a) In this subsection:
SB21-SSA1,1456,6
61. "Council" means the interoperability council.
SB21-SSA1,1456,9
72. "Daily user" means a local, state, or federal agency that utilizes the system
8for its emergency response communications and that forgoes the use of a separate
9communication system for its emergency responders.
SB21-SSA1,1456,10
103. "System" means the Wisconsin Interoperability System for Communications.
SB21-SSA1,1456,11
11(b) The council shall prepare a report that contains all of the following:
SB21-SSA1,1456,18
121. A statement of the total amount of money the state has expended or
13anticipates expending to develop, construct, and operate the system from its
14inception to fiscal year 2015-16. The council shall identify in the report the amounts
15that have been expended from general purpose revenues, program revenues, federal
16revenues, and segregated revenues. For each amount expended from program
17revenues, federal revenues, or segregated revenues, the council shall identify in the
18report the revenue source for each expenditure.
SB21-SSA1,1456,21
192. A statement of the annual operating budget for the system for fiscal year
202015-16, identifying costs related to staff, infrastructure expansion, infrastructure
21maintenance, supplies and services, and other costs related to the system.
SB21-SSA1,1456,25
223. An identification of the local, state, and federal agencies that utilize the
23system. For each agency, the council shall indicate in the report how frequently the
24agency utilizes the system and how each agency utilizes the system to support the
25agency's operations.
SB21-SSA1,1457,5
14. An identification of any agency in the state that utilizes an alternative
2communications system for its emergency responders. For each agency that utilizes
3an alternative communications system, the council shall explain in the report why
4the agency utilizes an alternative communications system and shall set forth any
5benefits the alternative communications system provides to the agency.
SB21-SSA1,1457,7
65. An identification of each local, state, and federal agency that is a daily user
7of the system.
SB21-SSA1,1457,11
86. An identification of each local, state, and federal agency that is not a daily
9user of the system but may become a daily user in the future. For each agency
10identified, the council shall indicate in the report when its status as a daily user is
11anticipated.
SB21-SSA1,1457,14
127. An explanation of the current status of the system's infrastructure and an
13indication of whether, and how, the system's infrastructure may be expanded in the
14future.
SB21-SSA1,1457,18
158. A statement of whether other midwestern states have developed statewide
16interoperable systems for communications and whether the system has been
17developed in a manner similar to those found in the other states. If the system has
18not been developed in a similar manner, the council shall explain in the report why.
SB21-SSA1,1457,20
199. A statement of the successes the system has had in providing effective
20communications among local, state, and federal public agencies.
SB21-SSA1,1457,23
2110. A statement of any challenges the system has faced in providing effective
22communications among local, state, and federal public agencies and how the
23challenges could be addressed.
SB21-SSA1,1458,4
2411. An explanation of to what extent the system is compatible with other
25emergency response communication networks utilized by local agencies and an
1indication of whether the system's very high frequency channels or sites have
2interfered with a channel or site utilized by a local emergency responder. For each
3incident of interference, the council shall indicate in the report why the incident
4occurred and what has or will be done to address the problem of interference.
SB21-SSA1,1458,8
512. A statement of the number of sites, channels, and users the system
6currently supports, the maximum number of sites, channels, and users the system
7could support, and whether there is a way to increase the maximum number of sites,
8channels, and users the system could support.
SB21-SSA1,1458,10
9(c) The council shall submit the report prepared under paragraph (b) to the
10joint committee on finance no later than June 30, 2016.
SB21-SSA1,1458,12
11(10j)
Elimination of volunteer fire fighter and emergency medical
12technician service award board.
SB21-SSA1,1458,15
13(a)
Assets and liabilities. On the effective date of this paragraph, the assets and
14liabilities of the volunteer fire fighter and emergency medical technician service
15award board become the assets and liabilities of the department of administration.
SB21-SSA1,1458,19
16(b)
Tangible personal property. On the effective date of this paragraph, all
17tangible personal property, including records, of the volunteer fire fighter and
18emergency medical technician service award board is transferred to the department
19of administration.
SB21-SSA1,1458,25
20(c)
Contracts. All contracts entered into by the volunteer fire fighter and
21emergency medical technician service award board in effect on the effective date of
22this paragraph remain in effect and are transferred to the department of
23administration. The department of administration shall carry out any such
24contractual obligations unless modified or rescinded by the department of
25administration to the extent allowed under the contract.