AB100, s. 2474
16Section
2474. 973.09 (2) (a) 1. of the statutes is amended to read:
AB100,1055,1817
973.09
(2) (a) 1. Except as provided in subd. 2.
and s. 939.621 (3), for
Class A
18misdemeanors, not less than 6 months nor more than
2 years one year.
AB100, s. 2475
19Section
2475. 973.09 (2) (a) 1m. of the statutes is created to read:
AB100,1055,2120
973.09
(2) (a) 1m. Except as provided in subd. 2. and s. 939.621 (3), for
21misdemeanors not covered by subd. 1., not more than 6 months.
AB100, s. 2476
22Section
2476. 978.03 (1) of the statutes is amended to read:
AB100,1056,723
978.03
(1) The district attorney of any prosecutorial unit having a population
24of 500,000 or more may appoint 5 deputy district attorneys and such assistant
25district attorneys as may be requested by the department of
administration justice
1and authorized in accordance with s. 16.505. The district attorney shall rank the
2deputy district attorneys for purposes of carrying out duties under this section. The
3deputies, according to rank, may perform any duty of the district attorney, under the
4district attorney's direction. In the absence or disability of the district attorney, the
5deputies, according to rank, may perform any act required by law to be performed
6by the district attorney. Any such deputy must have practiced law in this state for
7at least 2 years prior to appointment under this section.
AB100, s. 2477
8Section
2477. 978.03 (1m) of the statutes is amended to read:
AB100,1056,199
978.03
(1m) The district attorney of any prosecutorial unit having a population
10of 200,000 or more but not more than 499,999 may appoint 3 deputy district
11attorneys and such assistant district attorneys as may be requested by the
12department of
administration justice and authorized in accordance with s. 16.505.
13The district attorney shall rank the deputy district attorneys for purposes of carrying
14out duties under this section. The deputies, according to rank, may perform any duty
15of the district attorney, under the district attorney's direction. In the absence or
16disability of the district attorney, the deputies, according to rank, may perform any
17act required by law to be performed by the district attorney. Any such deputy must
18have practiced law in this state for at least 2 years prior to appointment under this
19section.
AB100, s. 2478
20Section
2478. 978.03 (2) of the statutes is amended to read:
AB100,1057,421
978.03
(2) The district attorney of any prosecutorial unit having a population
22of 100,000 or more but not more than 199,999 may appoint one deputy district
23attorney and such assistant district attorneys as may be requested by the
24department of
administration justice and authorized in accordance with s. 16.505.
25The deputy may perform any duty of the district attorney, under the district
1attorney's direction. In the absence or disability of the district attorney, the deputy
2may perform any act required by law to be performed by the district attorney. The
3deputy must have practiced law in this state for at least 2 years prior to appointment
4under this section.
AB100, s. 2479
5Section
2479. 978.03 (3) of the statutes is amended to read:
AB100,1057,116
978.03
(3) Any assistant district attorney under sub. (1), (1m)
, or (2) must be
7an attorney admitted to practice law in this state and, except as provided in
ss. s. 8978.043
and 978.044, may perform any duty required by law to be performed by the
9district attorney. The district attorney of the prosecutorial unit under sub. (1), (1m),
10or (2) may appoint such temporary counsel as may be authorized by the department
11of
administration justice.
AB100, s. 2480
12Section
2480. 978.04 of the statutes is amended to read:
AB100,1057,20
13978.04 Assistants in certain prosecutorial units. The district attorney of
14any prosecutorial unit having a population of less than 100,000 may appoint one or
15more assistant district attorneys as necessary to carry out the duties of his or her
16office and as may be requested by the department of
administration justice and 17authorized in accordance with s. 16.505. Any such assistant district attorney must
18be an attorney admitted to practice law in this state and, except as provided in s.
19978.043, may perform any duty required by law to be performed by the district
20attorney.
AB100, s. 2482
22Section
2482. 978.045 (1g) of the statutes is amended to read:
AB100,1058,923
978.045
(1g) A court on its own motion may appoint a special prosecutor under
24sub. (1r) or a district attorney may request a court to appoint a special prosecutor
25under that subsection. Before a court appoints a special prosecutor on its own motion
1or at the request of a district attorney for an appointment that exceeds 6 hours per
2case, the court or district attorney shall request assistance from a district attorney,
3deputy district attorney or assistant district attorney from other prosecutorial units
4or an assistant attorney general. A district attorney requesting the appointment of
5a special prosecutor, or a court if the court is appointing a special prosecutor on its
6own motion, shall notify the department of
administration justice, on a form
7provided by that department, of the district attorney's or the court's inability to
8obtain assistance from another prosecutorial unit or from an assistant attorney
9general.
AB100, s. 2483
10Section
2483. 978.045 (2) (b) of the statutes is amended to read:
AB100,1058,1211
978.045
(2) (b) The department of
administration justice shall pay the
12compensation ordered by the court from the appropriation under s. 20.475 (1) (d).
AB100, s. 2484
13Section
2484. 978.05 (4m) of the statutes is amended to read:
AB100,1058,1614
978.05
(4m) Welfare fraud investigations. Cooperate with the
department 15departments of workforce development
and health and family services regarding the
16fraud investigation
program programs under
s. ss. 49.197 (1m)
and 49.845 (1).
AB100, s. 2485
17Section
2485. 978.05 (8) (b) of the statutes is amended to read:
AB100,1059,218
978.05
(8) (b) Hire, employ, and supervise his or her staff and, subject to
ss. s. 19978.043
and 978.044, make appropriate assignments of the staff throughout the
20prosecutorial unit. The district attorney may request the assistance of district
21attorneys, deputy district attorneys, or assistant district attorneys from other
22prosecutorial units or assistant attorneys general who then may appear and assist
23in the investigation and prosecution of any matter for which a district attorney is
24responsible under this chapter in like manner as assistants in the prosecutorial unit
25and with the same authority as the district attorney in the unit in which the action
1is brought. Nothing in this paragraph limits the authority of counties to regulate the
2hiring, employment, and supervision of county employees.
AB100, s. 2486
3Section
2486. 978.11 of the statutes is amended to read:
AB100,1059,5
4978.11 Budget. The department of
administration justice shall prepare the
5budget of the prosecution system and submit it in accordance with s. 16.42.
AB100, s. 2487
6Section
2487. 978.12 (5) (c) 1. of the statutes is amended to read:
AB100,1059,137
978.12
(5) (c) 1. The salaries authorized under this section for the district
8attorney and the state employees of the office of district attorney shall be paid by the
9secretary of administration to the county treasurer pursuant to a voucher submitted
10by the district attorney to the department of
administration justice. The county
11treasurer shall pay the amounts directly to the district attorney and state employees
12of the office of district attorney and the amounts paid shall be subject to the
13retirement system established under
chapter 201, laws of 1937.
AB100, s. 2488
14Section
2488. 978.13 (1) (b) of the statutes is amended to read:
AB100,1059,2115
978.13
(1) (b) In counties having a population of 500,000 or more, the salary
16and fringe benefit costs of 2 clerk positions providing clerical services to the
17prosecutors in the district attorney's office handling cases involving felony violations
18under ch. 961. The secretary of administration shall pay the amount authorized
19under this subsection to the county treasurer pursuant to a voucher submitted by the
20district attorney to the department of
administration
justice from the appropriation
21under s. 20.475 (1) (i).
AB100, s. 2489
22Section
2489. 978.13 (1) (c) of the statutes is amended to read:
AB100,1060,523
978.13
(1) (c) In counties having a population of 500,000 or more, the salary and
24fringe benefit costs of clerk positions in the district attorney's office necessary for the
25prosecution of violent crime cases primarily involving felony violations under s.
1939.63, if a felony is committed while armed, and under ss. 940.01 to 940.03, 940.05,
2940.06, 940.225, 943.23 (1g), and 943.32 (2). The secretary of administration shall
3pay the amount authorized under this subsection to the county treasurer pursuant
4to a voucher submitted by the district attorney to the
secretary department of
5administration justice from the appropriation under s. 20.475 (1) (i).
AB100, s. 2490
6Section
2490. 978.13 (1) (d) of the statutes is amended to read:
AB100,1060,137
978.13
(1) (d) In counties having a population of 500,000 or more, the salary
8and fringe benefit costs of 2 clerk positions providing clerical services to the
9prosecutors in the district attorney's office handling cases involving the unlawful
10possession or use of firearms. The secretary of administration shall pay the amount
11authorized under this subsection to the county treasurer from the appropriation
12under s. 20.475 (1)
(f) or (i) pursuant to a voucher submitted by the district attorney
13to the department of
administration justice.
AB100, s. 2491
14Section
2491. 978.13 (1m) of the statutes is amended to read:
AB100,1060,1615
978.13
(1m) The amount paid under sub. (1) (b), (c), and (d) combined may not
16exceed the amount appropriated under s. 20.475 (1)
(f) and (i)
combined.
AB100, s. 2492
17Section
2492. 985.04 of the statutes is amended to read:
AB100,1061,5
18985.04 Official state newspaper. The
joint committee on legislative
19organization shall recommend to the legislature to secretary of administration shall 20designate some newspaper published in Wisconsin to be the official state newspaper,
21which shall publish all legal notices required to be published therein. Any such
22publication from any of the state agencies shall be deemed official. The
joint
23committee secretary of administration may invite bids from all newspapers which
24meet the requirements of s. 985.03, but if
it the secretary does so,
it he or she is not
25required to
recommend designate the lowest bidder as the official state newspaper.
1The joint committee shall introduce its recommendation in the legislature in the
2form of a joint resolution. No designation takes effect until the joint resolution is
3adopted. A newspaper which is designated the official state newspaper
under this
4section shall continue as such until the
legislature secretary of administration 5designates another newspaper to be the official state newspaper.
AB100,1062,103
49.45
(6tw) Payments to city health departments. From the appropriation
4account under
section s. 20.435 (7) (b)
of the statutes, as affected by this act, in state
5fiscal year 2004-05, the department
of health and family services may make
6payments to local health departments, as defined under s. 250.02 (4) (a) 3
. of the
7statutes. Payment under this subsection to such a local health department may not
8exceed on an annualized basis payment made by the department
of health and family
9services to the local health department under
section s. 49.45 (6t)
of the statutes,
102003 stats., for services provided by the local health department in 2002.
AB100, s. 9101
12Section 9101.
Nonstatutory provisions; administration.
AB100,1062,19
13(1)
Prosecution of drug crimes; Milwaukee County. From federal and
14program revenue moneys appropriated to the department of administration for the
15office of justice assistance under section 20.505 (6) (kp) and (p) of the statutes, the
16department of administration shall expend $154,000 in fiscal year 2005-06 and
17$154,000 in fiscal year 2006-07 to provide the multijurisdictional enforcement group
18serving Milwaukee County with funding for 1.5 assistant district attorney positions
19to prosecute criminal violations of chapter 961 of the statutes.
AB100,1063,2
20(2)
Prosecution of drug crimes; Dane County. From federal and program
21revenue moneys appropriated to the department of administration for the office of
22justice assistance under section 20.505 (6) (kp) and (p) of the statutes, the
23department of administration shall expend $50,100 in fiscal year 2005-06 and
24$50,100 in fiscal year 2006-07 to provide the multijurisdictional enforcement group
1serving Dane County with funding for 0.5 assistant district attorney position to
2prosecute criminal violations of chapter 961 of the statutes.
AB100,1063,8
3(3)
Forward Wisconsin, inc. Notwithstanding section 20.001 (3) (a) of the
4statutes, in the 2006-07 fiscal year Forward Wisconsin, Inc., may not spend
5$1,000,000 of the amount appropriated under section 20.143 (1) (bm) of the statutes,
6as affected by this act, unless the department of administration certifies that
7Forward Wisconsin, Inc., has raised at least $2,000,000 in private funds during the
82005-06 and 2006-07 fiscal years.
AB100,1063,9
9(4)
Sale of certain state property.
AB100,1063,1210
(a) 1. No later than July 1, 2006, the secretary of administration shall review
11all holdings of state-owned real property for potential sale, except as provided in
12subdivision 2.
AB100,1063,15
132. Subdivision 1. does not apply to any property, facility, or institution the
14closure or sale of which is not authorized under section 16.848 of the statutes, as
15created by this act.
AB100,1063,2416
(b)
No later than October 1, 2006, the secretary of administration shall submit
17a report to the secretary of the building commission containing an inventory of his
18or her recommendations to offer specified state properties for sale under section
1916.848 of the statutes, as created by this act, and the reasons therefor. A property
20may be included in the inventory with or without approval of the state agency having
21jurisdiction of the property. If, on or before June 30, 2007, the building commission
22votes to approve the sale of any property included in the inventory, the department
23of administration may offer the property for sale under section 16.848 of the statutes,
24as created by this act.
AB100,1063,2525
(c) This subsection does not apply after June 30, 2007.
AB100,1064,5
1(5)
Health care quality and patient safety board; initial appointments. 2Notwithstanding the length of terms specified in section 15.105 (13) (b) of the
3statutes, as created by this act, the initial members of the health care quality and
4patient safety board shall be appointed by the first day of the 4th month beginning
5after the effective date of this subsection for the following terms:
AB100,1064,76
(a) The representative of hospitals, the employer purchaser of health care, and
7the representative of the insurance industry, for terms expiring on May 1, 2009.
AB100,1064,98
(b) The physician, the representative of health maintenance organizations, and
9the member who represents the public interest, for terms expiring on May 1, 2011.
AB100,1064,14
10(6) H
ealth care quality and patient safety board; study of physician
11information database. By March 1, 2006, the health care quality and patient safety
12board shall study and make recommendations to the governor concerning the
13feasibility of creating a centralized physician information database, including
14through a joint public and private effort.
AB100,1064,16
15(7) H
ealth care quality and patient safety board; study of rules. By October
161, 2006, the health care quality and patient safety board shall do all of the following:
AB100,1064,1917
(a) Study and make recommendations to the governor concerning the rules
18required and authorized to be promulgated by the department of health and family
19services under section 153.75 of the statutes.
AB100,1064,2220
(b) Promote the collection and availability of information regarding the quality
21and price of health care required to enable consumers and health care purchasers to
22make wise health care choices.
AB100,1065,223
(c) Foster the creation and evolution of public-private health care
24partnerships, agreements on standard health care data sets and reporting protocols,
1and transparency of health care information for purchasing purposes, including the
2development of an integrated health care data repository.
AB100,1065,15
3(8)
Health care quality and patient safety board; plan and strategies. By
4January 1, 2007, develop a plan and specific strategies, including awarding grants
5or making loans under section 153.076 (2) of the statutes, as created by this act, to
6deploy health care information systems technology for health care quality, safety,
7and efficiency, within a reasonable time and using reasonable financial investments.
8The plan shall consider the extent to which an integrated or interoperable system or
9underlying technology may be most cost effective, including by assessing benefits of
10the system for supporting rapid deployment for supporting medical care
11practitioners, promoting accurate and appropriate shared information about
12individual patients among health care providers, standardizing performance
13indicators among health care provider organizations to improve organization
14performance, and public reporting of quality, safety, and efficiency data for consumer
15and health care purchaser decision making.
AB100,1065,24
16(9)
Report regarding alternative dispositions for non-violent offenders. 17The sentencing commission shall review sentences imposed on individuals who are
18convicted of nonviolent offenses, other than crimes under section 23.33 (4c), 30.681,
19346.63, or 350.101 of the statutes or, if the offense involved the use of a vehicle, under
20section 940.09 or 940.25 of the statutes, and develop recommendations for
21alternative dispositions for those individuals that may be used by courts at or before
22sentencing. By December 31, 2005, the sentencing commission shall submit its
23recommendations in a report to the legislature in the manner provided under section
2413.172 (2) of the statutes.
AB100, s. 9102
1Section 9102.
Nonstatutory provisions; aging and long-term care
board.
AB100, s. 9103
2Section 9103.
Nonstatutory provisions; agriculture, trade and
consumer protection.
AB100,1066,3
3(1)
Transfer of consumer protection functions.
AB100,1066,124
(a)
Assets and liabilities. All assets and liabilities of the department of
5agriculture, trade and consumer protection that are primarily related to consumer
6protection programs or functions that are being transferred to the department of
7justice under this act shall become the assets and liabilities of the department of
8justice. The departments of justice and agriculture, trade and consumer protection
9shall jointly determine these assets and liabilities and shall jointly develop and
10implement a plan for their orderly transfer. In the event of any disagreement
11between the departments, the secretary of administration shall resolve the
12disagreement.
AB100,1066,2013
(b)
Employee transfers. The departments of justice and agriculture, trade and
14consumer protection shall jointly determine which positions that are primarily
15related to consumer protection programs or functions that are being transferred to
16the department of justice under this act shall be transferred to the department of
17justice. In the event of a disagreement between the departments, the secretary of
18administration shall resolve the disagreement. The positions determined to be
19transferred under this paragraph, and the incumbent employees in those positions,
20shall be transferred to the department of justice.
AB100,1067,321
(c)
Employee status. Employees transferred under paragraph (b
) have all the
22rights and the same status under subchapter V of chapter 111 and chapter 230 of the
23statutes in the department of justice that they enjoyed in the department of
1agriculture, trade and consumer protection immediately before the transfer.
2Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who
3has attained permanent status in class is required to serve a probationary period.
AB100,1067,124
(d)
Supplies and equipment. All tangible personal property, including records,
5of the department of agriculture, trade and consumer protection that are primarily
6related to consumer protection programs or functions that are being transferred to
7the department of justice under this act are transferred to the department of justice.
8The departments of justice and agriculture, trade and consumer protection shall
9jointly identify the tangible personal property, including records, and shall jointly
10develop and implement a plan for their orderly transfer. In the event of a
11disagreement between the departments, the secretary of administration shall
12resolve the disagreement.
AB100,1067,1913
(e)
Pending matters. Any matter pending with the department of agriculture,
14trade and consumer protection that is primarily related to a consumer protection
15program or function that is being transferred to the department of justice under this
16act is being transferred to the department of justice. All materials submitted to or
17actions taken by the department of agriculture, trade and consumer protection with
18respect to the pending matter are considered as having been submitted to or taken
19by the department of justice.
AB100,1068,720
(f)
Contracts. All contracts entered into by the department of agriculture, trade
21and consumer protection or by the department of justice that are primarily related
22to consumer protection programs or functions that are being transferred to the
23department of justice under this act, and that are in effect on the effective date of this
24paragraph, remain in effect and those contracts entered into by the department of
25agriculture, trade and consumer protection are transferred to the department of
1justice. The departments of justice and agriculture, trade and consumer protection
2shall jointly identify these contracts and shall jointly develop and implement a plan
3for their orderly transfer. In the event of any disagreement between the
4departments, the secretary of administration shall resolve the disagreement. The
5department of justice shall carry out the obligations under these contracts until the
6obligations are modified or rescinded by the department of justice to the extent
7allowed under the contract.
AB100,1068,188
(g)
Rules and orders. All rules promulgated by the department of agriculture,
9trade and consumer protection that are in effect on the effective date of this
10paragraph and that are primarily related to consumer protection programs or
11functions that are being transferred to the department of justice under this act
12remain in effect until their specified expiration date or until amended or repealed by
13the department of justice. All orders issued by the department of agriculture, trade
14and consumer protection that are in effect on the effective date of this paragraph and
15that are primarily related to consumer protection programs or functions that are
16being transferred to the department of justice under this act remain in effect until
17their specified expiration date or until modified or rescinded by the department of
18justice.
AB100,1069,25
19(2)
Name change. Wherever "agriculture, trade and consumer protection"
20appears in the following sections of the statutes, as affected by this act, "agriculture,
21trade, and rural resources" is substituted: 15.05 (1) (d), 15.07 (5) (d), 15.105 (12) (a)
221. and (16) (b) 1., 15.107 (16) (b) 2., 15.135 (1) (a) (intro.) and (b) and (4) (am) and (b)
231., 15.137 (b) and (5) (intro.), (a), and (b) 1., 15.155 (4) (a) 1. and (5), 15.347 (13) (b)
243. and (18) (b) 3., 15.405 (5g), 15.445 (2) (e) and (4) (a) 6., 15.915 (1) (b) 1. and (2) (a),
2516.023 (1) (g) (intro.), 16.045 (3), 16.967 (6), 16.9675 (6), 20.115 (intro.), 20.866 (2)
1(we) and (wf), 20.923 (4) (f) 2., 23.235 (3m), 25.463, 26.30 (2) and (5), 26.36, 27.019
2(3) and (12), 29.424 (2) (b), 29.705 (4) (b), 29.875 (2), 30.12 (1m) (a) and (b), 30.20 (1g)
3(c), 30.46 (1) (a) and (2), 31.02 (7m), 32.035 (1) (a), 36.25 (7) and (11) (c), 36.58 (2) (a)
43. and (c), (3) (b), and (5), 41.41 (4) (c) and (5) (e), 42.10, 59.70 (17) (a), 61.72, 66.0217
5(9) (b), 66.0307 (4) (a) 1., 66.0417 (1), 69.66, 84.01 (17), 86.19 (1m), 88.11 (1) (intro.),
6(1m), (3) (intro.), (4), (5) (intro.), (6), and (7), 88.13, 88.15 (1), (2), and (3), 88.19 (4)
7(a) (intro.) and (d), 88.21 (5), 88.24 (intro.), 88.32 (3m), 88.35 (7), 88.77 (2), 91.01 (3),
892.03 (3), 92.14 (6) (d) and (m) and (14m), 92.15 (3) (a) and (b), chapter 93 (title), 93.01
9(3) and (15), 93.09 (6), 93.135 (2), 93.75 (3m) (b), (c), and (d), 93.90 (5) (c), 94.72 (1)
10(d), 94.73 (2m) (b), (c), and (e), (4) (b), and (9), 95.22 (1) and (3), 95.45 (4) (b), 95.55
11(5) (a) and (c), 97.01 (4), 97.24 (3), 97.41 (1m), 98.04 (1) and (2), 101.175 (3) (intro.),
12101.58 (2) (i), 101.586, 126.01 (8), 126.72 (2), 146.60 (1) (c), (2) (b), (3) (c) 1. and 2., and
13(5), 160.01 (7), 169.01 (7) and (35) (a), 169.03, 169.04 (2) (d) and (3) (a), 169.04 (5m)
14(a) 3., 6., and 7., 169.06 (1) (d) 1., 169.11 (1) (a) (intro.), 169.38 (title), 169.42 (1) (i),
15173.01 (1), 174.001 (2), 174.11 (1) and (2) (a), 182.01 (6), 196.857 (1g) (e), 227.137 (1),
16227.14 (1s), 230.08 (2) (e) 2., 235.02 (2) (c), 235.04 (6), 254.02 (3) (a), 254.51 (2), 254.52
17(2) (intro.), 254.58, 254.64 (1) (d), 254.69 (2) (am), 281.16 (3) (a) (intro.), (b), (c), and
18(e), 281.20 (1) (a) and (3) (c) (intro.), 1., and 2. and (d) 3., 281.65 (3) (f), (3m) (a) 1. and
19(b) 1., (4) (as), (dr), (e), (g) (intro.), 2., and 4., (i), (L), (o), (p), and (pm), (4c) (am) 2.,
20(4m) (c) and (d), (5) (intro.), (5m), (7) (a) 2., (11), and (12), 281.67, 281.695 (5), 281.75
21(1) (e) 1., 287.11 (2s) (a) and (b), 292.11 (2) (d) and (9) (d) 1. d., 292.33 (6), 299.11 (2)
22(title), (a), and (b), and (5) (a), 348.01 (2) (am), 348.15 (5) (intro.), 348.17 (4) (a) and
23(b) (intro.), 348.27 (11m) (a), 440.92 (7), 560.03 (1) and (18), 560.07 (6), 560.17 (7)
24(am), 560.92 (1), 562.02 (2) (fm), 704.90 (11) (a), 710.02 (4) (a) (intro.), 823.08 (3) (c)
251., 885.01 (4), 895.57 (3), 943.75 (3), and 943.76 (3) (c).
AB100,1070,7
1(3)
Membership of the board of agriculture, trade and consumer protection. 2Notwithstanding section 15.13 of the statutes, as affected by this act, any member
3of the board of agriculture, trade and consumer protection who is serving on the
4board of agriculture, trade and consumer protection as a consumer representative
5on the day before the effective date of this subsection shall be entitled to continue to
6serve as a member of the board under section 15.13 of the statutes, as affected by this
7act, until his or her successor is appointed and qualified.