Amendment SSA1-SB21

SB21-SSA1,1449,3 973.05 (3) (a) In lieu of part or all of a fine imposed by a court, the court may stay the execution of part or all of the sentence and provide that the defendant perform community service work under pars. (b) and (c). Any applicable driver improvement surcharge under s. 346.655, any safe ride program surcharge under s. 346.657, or any domestic abuse surcharge under s. 973.055 shall be imposed under ch. 814 regardless of whether part or all of the sentence has been stayed. If the defendant fails to comply with the community service order, the court shall order the defendant brought before the court for imposition of sentence. If the defendant complies with the community service order, he or she has satisfied that portion of the sentence.

SB21-SSA1,4735 Section 4735. 973.06 (1) (j) of the statutes is amended to read:

SB21-SSA1,1449,14 973.06 (1) (j) If the defendant violated s. 23.33 (4c), 30.681, 114.09, 346.63, 350.101, 940.09 (1), or 940.25, any costs charged to or paid by a law enforcement agency for the withdrawal of the defendant's blood, except that the court may not impose on the defendant any cost for an alternative test provided free of charge as described in s. 343.305 (4). If at the time the court finds that the defendant committed the violation, the law enforcement agency has not paid or been charged with the costs of withdrawing the person's blood, the court shall impose and collect the costs the law enforcement agency reasonably expects to be charged for the withdrawal, based on the current charges for this procedure. Notwithstanding sub. (2), the court may not remit these costs.

SB21-SSA1,4735d Section 4735d. 978.01 (2) (a) of the statutes is renumbered 978.01 (2) and amended to read:

SB21-SSA1,1449,18 978.01 (2) Except as provided in par. (b), each Each district attorney serves on a full-time basis.

SB21-SSA1,4735r Section 4735r. 978.01 (2) (b) of the statutes is repealed.

SB21-SSA1,4736 Section 4736. 978.03 (1) of the statutes is amended to read:

SB21-SSA1,1450,5 978.03 (1) The district attorney of any prosecutorial unit having a population of 500,000 or more may appoint 5 7 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.

SB21-SSA1,4737 Section 4737. 978.045 (1r) (intro.) of the statutes is amended to read:

SB21-SSA1,1450,17 978.045 (1r) (intro.) Any judge of a court of record, by an order entered in the record stating the cause for it, may appoint an attorney as a special prosecutor to perform, for the time being, or for the trial of the accused person, the duties of the district attorney. An attorney appointed under this subsection shall have all of the powers of the district attorney. The judge may appoint an attorney as a special prosecutor at the request of a district attorney to assist the district attorney in the prosecution of persons charged with a crime, in grand jury proceedings or John Doe proceedings under s. 968.26, in proceedings under ch. 980, or in investigations. The judge may appoint an attorney as a special prosecutor only if the judge or the requesting district attorney submits an affidavit to the department of administration attesting that any of the following conditions exists:

SB21-SSA1,4737t Section 4737t. 978.045 (1r) (bm) of the statutes is created to read:

SB21-SSA1,1450,20 978.045 (1r) (bm) The district attorney, or a deputy or assistant district attorney for the district attorney office, is on parental leave.

SB21-SSA1,4738 Section 4738. 978.045 (1r) (e) of the statutes is amended to read:

SB21-SSA1,1450,24 978.045 (1r) (e) The district attorney is physically unable to attend to his or her duties due to a health issue or has a mental incapacity that impairs his or her ability to substantially perform his or her duties.

SB21-SSA1,4739 Section 4739. 978.045 (2) (a), (b) and (c) of the statutes are consolidated, renumbered 978.045 (2) and amended to read:

SB21-SSA1,1451,13 978.045 (2) The If the department of administration approves the appointment of a special prosecutor under sub. (1r), the court shall fix the amount of compensation for any the attorney appointed as a special prosecutor under sub. (1r) according to the rates specified in s. 977.08 (4m) (b). (b) The department of administration shall pay the compensation ordered by the court from the appropriation under s. 20.475 (1) (d). (c) The court, district attorney, and the special prosecutor shall provide any information regarding a payment under par. (b) of compensation that the department requests. Any payment under this subsection earns interest on the balance due from the 121st day after receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later, at the rate specified in s. 71.82 (1) (a) compounded monthly.

SB21-SSA1,4740 Section 4740. 978.05 (6) (a) of the statutes is amended to read:

SB21-SSA1,1452,2 978.05 (6) (a) Institute, commence or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ch. 980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 89.08, 103.50 (8), 103.92 (4), 109.09, 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (5), that the corporation counsel provide representation as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.

SB21-SSA1,4740e Section 4740e. 978.06 (3) (a) of the statutes is amended to read:

SB21-SSA1,1452,10 978.06 (3) (a) No district attorney, deputy district attorney or assistant district attorney while in office may hold any judicial office. No full-time district attorney, deputy district attorney or assistant district attorney may hold the office of or act as corporation counsel or city, village or town attorney. A part-time district attorney, deputy district attorney or assistant district attorney may hold the office of or act as corporation counsel or city, village or town attorney or otherwise serve as legal counsel to any governmental unit.

SB21-SSA1,4740n Section 4740n. 978.06 (5) (a) of the statutes is amended to read:

SB21-SSA1,1452,17 978.06 (5) (a) No full-time district attorney, deputy district attorney or assistant district attorney may engage in a private practice of law, but he or she is authorized to complete all civil cases, not in conflict with the interest of the county or counties of his or her prosecutorial unit, in which he or she is counsel, pending in court before he or she takes office. A part-time district attorney, deputy district attorney or assistant district attorney may engage in a private practice of law.

SB21-SSA1,4742 Section 4742. 978.12 (1) (c) of the statutes is amended to read:

SB21-SSA1,1453,5 978.12 (1) (c) Assistant district attorneys. Assistant district attorneys shall be employed outside the classified service. For purposes of salary administration, the director of the office administrator of the division of state employment relations personnel management in the department of administration shall establish one or more classifications for assistant district attorneys in accordance with the classification or classifications allocated to assistant attorneys general. Except as provided in ss. 111.93 (3) (b) and 230.12 (10), the salaries of assistant district attorneys shall be established and adjusted in accordance with the state compensation plan for assistant attorneys general whose positions are allocated to the classification or classifications established by the director of the office administrator of the division of state employment relations personnel management in the department of administration.

SB21-SSA1,4746 Section 4746. 2009 Wisconsin Act 28, section 9109 (1) is repealed.

SB21-SSA1,4749 Section 4749. 2013 Wisconsin Act 20, section 9252 (1) (a) (intro.), as last affected by 2013 Wisconsin Act 145, section 44m, is amended to read:

SB21-SSA1,1453,16 [2013 Wisconsin Act 20] Section 9252 (1) (a) (intro.) Notwithstanding 2011 Wisconsin Act 32, section 9255 (1) (c) and (d), the secretary shall not lapse any money from the agencies specified in those paragraphs during the 2013-15 fiscal biennium, but shall instead lapse to the general fund from the unencumbered balances of general purpose revenue and program revenue appropriations to the following executive branch state agencies, other than sum sufficient appropriations and appropriations of federal revenues, the following amounts in the 2013-14, 2014-15, and 2015-16, and 2016-17 fiscal years:

SB21-SSA1,4750 Section 4750. 2013 Wisconsin Act 229, section 6 (1) is amended to read:

SB21-SSA1,1453,20 [2013 Wisconsin Act 229] Section 6 (1) This act takes effect on July 1, 2015 2017, and first applies to bad debts resulting from sales completed beginning on July 1, 2017.

SB21-SSA1,4751c Section 4751c. Chapter Trans 75 of the administrative code is repealed.

SB21-SSA1,9101 Section 9101. 0Nonstatutory provisions; Administration.

SB21-SSA1,1453,23 (3) State energy office.

SB21-SSA1,1453,24 (a) Definitions. In this subsection:

SB21-SSA1,1453,25 1. "Commission" means the public service commission.

SB21-SSA1,1454,1 2. "Department" means the department of administration.

SB21-SSA1,1454,3 3. "Office" means the state energy office in the division of energy services of the department.

SB21-SSA1,1454,6 (b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department primarily relating to the office, as determined by the secretary of administration, become the assets and liabilities of the commission.

SB21-SSA1,1454,10 (c) Employee transfers. On the effective date of this paragraph, 5.0 FTE FED positions, and the incumbent employees holding those positions, in the department who perform duties primarily related to the office, as determined by the secretary of administration, are transferred to the commission.

SB21-SSA1,1454,15 (d) Employee status. Employees transferred under paragraph (c ) have all the rights and the same status under chapter 230 of the statutes in the commission that they enjoyed in the department immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

SB21-SSA1,1454,19 (e) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department primarily relating to the office, as determined by the secretary of administration, becomes the personal property of the commission.

SB21-SSA1,1454,24 (f) Pending matters. Any matter pending with the department primarily relating to the office, as determined by the department, on the effective date of this paragraph is transferred to the commission. All materials submitted to or actions taken by the department are considered as having been submitted to or taken by the commission.

SB21-SSA1,1455,5 (g) Contracts. All contracts entered into by the department primarily relating to the office, as determined by the department, in effect on the effective date of this paragraph remain in effect and are transferred to the commission. The commission shall carry out any obligations under those contracts unless modified or rescinded to the extent allowed under the contract.

SB21-SSA1,1455,7 (5n) Plan for information technology services for certain agencies and shared agency services pilot program.

SB21-SSA1,1455,16 (a) In this subsection, "agency" means the board of commissioners of public lands; the board on aging and long-term care; the board for people with developmental disabilities; the educational communications board; the department of financial institutions; the government accountability board; the higher educational aids board; the state historical society; the public service commission; the department of safety and professional services; the office of the secretary of state; the state fair park board; the technical college system board; the department of tourism; the office of the governor; the office of the lieutenant governor; and the office of the state treasurer.

SB21-SSA1,1455,23 (b) The department of administration shall consult with each agency and develop a plan for assuming responsibility for services relating to human resources, payroll, finance, budgeting, procurement, and information technology for any agency. The department of administration shall include in the plan which services would be provided to each agency, which positions would be deleted or transferred, and the number and type of positions and associated funding that would be provided to the department of administration.

SB21-SSA1,1456,3 (c) The secretary of administration shall submit a plan developed under paragraph (b) to the joint committee on finance for approval under section 13.10 of the statutes no later than March 1, 2016, for implementation beginning July 1, 2016.

SB21-SSA1,1456,4 (7j) Interoperability council report.

SB21-SSA1,1456,5 (a) In this subsection:

SB21-SSA1,1456,6 1. "Council" means the interoperability council.

SB21-SSA1,1456,9 2. "Daily user" means a local, state, or federal agency that utilizes the system for its emergency response communications and that forgoes the use of a separate communication system for its emergency responders.

SB21-SSA1,1456,10 3. "System" means the Wisconsin Interoperability System for Communications.

SB21-SSA1,1456,11 (b) The council shall prepare a report that contains all of the following:

SB21-SSA1,1456,18 1. A statement of the total amount of money the state has expended or anticipates expending to develop, construct, and operate the system from its inception to fiscal year 2015-16. The council shall identify in the report the amounts that have been expended from general purpose revenues, program revenues, federal revenues, and segregated revenues. For each amount expended from program revenues, federal revenues, or segregated revenues, the council shall identify in the report the revenue source for each expenditure.

SB21-SSA1,1456,21 2. A statement of the annual operating budget for the system for fiscal year 2015-16, identifying costs related to staff, infrastructure expansion, infrastructure maintenance, supplies and services, and other costs related to the system.

SB21-SSA1,1456,25 3. An identification of the local, state, and federal agencies that utilize the system. For each agency, the council shall indicate in the report how frequently the agency utilizes the system and how each agency utilizes the system to support the agency's operations.

SB21-SSA1,1457,5 4. An identification of any agency in the state that utilizes an alternative communications system for its emergency responders. For each agency that utilizes an alternative communications system, the council shall explain in the report why the agency utilizes an alternative communications system and shall set forth any benefits the alternative communications system provides to the agency.

SB21-SSA1,1457,7 5. An identification of each local, state, and federal agency that is a daily user of the system.

SB21-SSA1,1457,11 6. An identification of each local, state, and federal agency that is not a daily user of the system but may become a daily user in the future. For each agency identified, the council shall indicate in the report when its status as a daily user is anticipated.

SB21-SSA1,1457,14 7. An explanation of the current status of the system's infrastructure and an indication of whether, and how, the system's infrastructure may be expanded in the future.

SB21-SSA1,1457,18 8. A statement of whether other midwestern states have developed statewide interoperable systems for communications and whether the system has been developed in a manner similar to those found in the other states. If the system has not been developed in a similar manner, the council shall explain in the report why.

SB21-SSA1,1457,20 9. A statement of the successes the system has had in providing effective communications among local, state, and federal public agencies.

SB21-SSA1,1457,23 10. A statement of any challenges the system has faced in providing effective communications among local, state, and federal public agencies and how the challenges could be addressed.

SB21-SSA1,1458,4 11. An explanation of to what extent the system is compatible with other emergency response communication networks utilized by local agencies and an indication of whether the system's very high frequency channels or sites have interfered with a channel or site utilized by a local emergency responder. For each incident of interference, the council shall indicate in the report why the incident occurred and what has or will be done to address the problem of interference.

SB21-SSA1,1458,8 12. A statement of the number of sites, channels, and users the system currently supports, the maximum number of sites, channels, and users the system could support, and whether there is a way to increase the maximum number of sites, channels, and users the system could support.

SB21-SSA1,1458,10 (c) The council shall submit the report prepared under paragraph (b) to the joint committee on finance no later than June 30, 2016.

SB21-SSA1,1458,12 (10j) Elimination of volunteer fire fighter and emergency medical technician service award board.

SB21-SSA1,1458,15 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the volunteer fire fighter and emergency medical technician service award board become the assets and liabilities of the department of administration.

SB21-SSA1,1458,19 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the volunteer fire fighter and emergency medical technician service award board is transferred to the department of administration.

SB21-SSA1,1458,25 (c) Contracts. All contracts entered into by the volunteer fire fighter and emergency medical technician service award board in effect on the effective date of this paragraph remain in effect and are transferred to the department of administration. The department of administration shall carry out any such contractual obligations unless modified or rescinded by the department of administration to the extent allowed under the contract.

SB21-SSA1,1459,6 (d) Pending matters. Any matter pending with the volunteer fire fighter and emergency medical technician service award board on the effective date of this paragraph is transferred to the department of administration, and all materials submitted to or actions taken by the volunteer fire fighter and emergency medical technician service award board with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

SB21-SSA1,1459,14 (e) Rules and orders. All rules promulgated by the volunteer fire fighter and emergency medical technician service award board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of administration. All orders issued by the volunteer fire fighter and emergency medical technician service award board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of administration.

SB21-SSA1,1459,16 (10k) Elimination of examining council on registered nurses and examining council on licensed practical nurses.

SB21-SSA1,1459,20 (a) Assets and liabilities. On the effective date of this paragraph, any assets and liabilities of the examining council on registered nurses and the examining council on licensed practical nurses become the assets and liabilities of the board of nursing.

SB21-SSA1,1459,24 (b) Tangible personal property. On the effective date of this paragraph, all records and other tangible personal property of the examining council on registered nurses and the examining council on licensed practical nurses are transferred to the board of nursing.

SB21-SSA1,1460,5 (c) Contracts. Any contract entered into by the examining council on registered nurses or the examining council on licensed practical nurses remains in effect and is transferred to the board of nursing. The board of nursing shall carry out any obligations under such a contract until the contract is modified or rescinded by the board of nursing to the extent allowed under the contract.

SB21-SSA1,1460,10 (d) Rules and orders. Any rule or order of the examining council on registered nurses under section 441.05, 2013 stats., or of the examining council on licensed practical nurses under section 441.10 (2), 2013 stats., that is in effect on the effective date of this paragraph remains in effect until its specified expiration date or until modified or rescinded by the board of nursing.

SB21-SSA1,1460,17 (e) Pending matters. Any matter pending with the examining council on registered nurses or the examining council on licensed practical nurses on the effective date of this paragraph is transferred to the board of nursing and all materials submitted to or actions taken by the examining council on registered nurses or the examining council on licensed practical nurses with respect to the pending matter are considered as having been submitted to or taken by the board of nursing.

SB21-SSA1,9102 Section 9102. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.

SB21-SSA1,1461,6 (2) Emergency rule making for producer led watershed protection grants. Using the procedure under section 227.24 of the statutes, the department of agriculture, trade and consumer protection may promulgate rules authorized under section 93.59 (4) of the statutes, as created by this act, for the period before the effective date of a permanent rule promulgated under section 93.59 (4) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB21-SSA1,1461,7 (3q) Food safety fees.

SB21-SSA1,1461,12 (a) During the period beginning on the effective date of this paragraph and ending on July 1, 2016, the department of agriculture, trade and consumer protection and any local health department designated as an agent of the department may not modify any fee established under sections 97.12 to 97.57 of the statutes.

SB21-SSA1,1461,17 (b) During the period beginning on July 1, 2016, and ending on July 1, 2017, the department of agriculture, trade and consumer protection and any local health department designated as an agent of the department may not modify any fee established under subchapter II of chapter 97 of the statutes that applies to any entity regulated under subchapter II of chapter 97 of the statutes.

SB21-SSA1,9103 Section 9103. Nonstatutory provisions; Arts Board.

SB21-SSA1,9104 Section 9104. Nonstatutory provisions; Building Commission.

SB21-SSA1,1476,1 (1) 2015-17 Authorized State Building Program. For the fiscal years beginning on July 1, 2015, and ending on June 30, 2017, the Authorized State Building Program is as follows: - See PDF for table

SB21-SSA1,1477,4 (2) Programs previously authorized. In addition to the projects and financing authority enumerated in subsection (1), the building and financing authority enumerated in the previous state building program is continued in the 2015-17 fiscal biennium.

SB21-SSA1,1477,9 (3) Loans. During the 2015-17 fiscal biennium, the building commission may make loans from general fund supported borrowing or the building trust fund to state agencies, as defined in section 20.001 (1) of the statutes, for projects that are to be utilized for programs not funded by general purpose revenue and that are authorized in subsection (1).

SB21-SSA1,1477,16 (4) 1999-2000 Authorized State Building Program deletion. In 1999 Wisconsin Act 9, section 9107 (1) (Lm) 1. and 3., under projects financed by general fund supported borrowing, the 1999-2000 Authorized State Building Program project identified as "Swiss cultural center — New Glarus" is deleted and under projects financed by gifts, grants and other receipts, the 1999-2000 Authorized State Building Program project identified as "Swiss cultural center — New Glarus" is deleted and the appropriate totals are decreased accordingly.

SB21-SSA1,1478,8 (5) 2007-08 Authorized State Building Program deletion. In 2007 Wisconsin Act 20, section 9105 (1) (L), under projects financed by general fund supported borrowing, the 2007-08 Authorized State Building Program project identified as "Hmong cultural center construction or purchase — Dane County" is deleted and under projects financed by gifts, grants, and other receipts, the 2007-08 Authorized State Building Program project identified as "Hmong cultural center construction or purchase — Dane County" is deleted and the appropriate totals are decreased accordingly.