165.25(6)(b)
(b) Volunteer health care providers who provide services under
s. 146.89 are, for the provision of those services, covered by this section and shall be considered agents of the department of health and family services for purposes of determining which agency head may request the attorney general to appear and defend them.
165.25(6)(c)
(c) Physicians under
s. 252.04 (9) (b) are covered by this section and shall be considered agents of the department of health and family services for purposes of determining which agency head may request the attorney general to appear and defend them.
165.25(6)(e)
(e) The department of justice may appear for and defend the state or any state department, agency, official or employe in any civil action arising out of or relating to the assessment or collection of costs concerning environmental cleanup or natural resources damages including actions brought under
42 USC 9607. The action may be compromised and settled in the same manner as provided in
par. (a). At the request of the department of natural resources, the department of justice may provide legal representation to the state or to the department of natural resources in the same matter in which the department of justice provides defense counsel, if the attorneys representing those interests are assigned from different organizational units within the department of justice. This paragraph may not be construed as a consent to sue the state or any department, agency, official or employe of the state or as a waiver of sovereign immunity.
165.25(6m)
(6m) Attorney for state witnesses. At the request of the head of any department or agency of state government, the attorney general may appear for and represent any state official, employe or agent who is required to appear as a witness in any administrative or civil matter.
165.25(7)
(7) Keep record of actions. The department shall keep a record of all actions and demands prosecuted or defended by the department on behalf of the state and all related proceedings. The department may dispose of public records in accordance with
s. 16.61.
165.25(8)
(8) Historical society contracts. In
subs. (1),
(6) and
(6m), treat any nonprofit corporation operating a museum under a lease agreement with the state historical society as a department of state government and any official, employe or agent of such a corporation as a state official, employe or agent.
165.25(8m)
(8m) Local emergency planning committees. In
subs. (1),
(6) and
(6m), treat any local emergency planning committee appointed by a county board under
s. 59.54 (8) (a) as a department of state government and any member of such a committee as a state official, employe or agent.
165.25(9)
(9) Perform other duties. The department of justice shall perform all other duties imposed upon the department by law.
165.25 History
History: 1971 c. 125 s.
522 (1);
1971 c. 215;
1973 c. 333;
1975 c. 81,
199;
1977 c. 29 s.
1656 (27);
1977 c. 187,
260,
273,
344;
1981 c. 20,
62,
96;
1983 a. 27;
1983 a. 36 s.
96 (2), (3), (4);
1983 a. 192;
1985 a. 29,
66;
1987 a. 416;
1989 a. 31,
115,
187,
206,
359;
1991 a. 25,
39,
269;
1993 a. 27,
28,
365;
1995 a. 27 ss.
4453 to
4454m,
9126 (19);
1995 a. 201.
165.25 Annotation
State Emergency Response Board Committee and Local Emergency Planning Committee subcommittee members appointed by a county board are entitled to indemnity for damage liability under s. 895.46 and legal representation by the attorney general under s. 165.25.
81 Atty. Gen. 17.
165.25 Annotation
The powers of the attorney general in Wisconsin. Van Alstyne, Roberts, 1974 WLR 721.
165.255
165.255
Representation in sexually violent person commitment proceedings. The department of justice may, at the request of an agency under
s. 980.02 (1), represent the state in sexually violent person commitment proceedings under
ch. 980.
165.255 History
History: 1993 a. 479.
165.26
165.26
Department of justice may have cases printed. In all state cases to be argued in the supreme court by the department of justice, the department may require the printing by the state printer, when necessary, of the briefs and appendices of the department; and the account therefor shall be paid out of the state treasury and charged to the appropriation in
s. 20.455 (1) (d).
165.26 History
History: 1971 c. 125 s.
522 (1);
1977 c. 29 s.
1656 (27);
1977 c. 187 s.
85; Stats. 1977 s. 165.26.
165.30
165.30
Collection of delinquent obligations. 165.30(1)(b)
(b) "Obligation" includes any amount payable to the state, including accounts, charges, claims, debts, fees, fines, forfeitures, interest, judgments, loans, penalties and taxes.
165.30(2)
(2) Bankruptcy cases. The department of justice shall monitor bankruptcy cases filed in bankruptcy courts in this state and other states, notify departments that may be affected by those bankruptcy cases, and represent the interests of the state in bankruptcy cases and related adversary proceedings.
165.30(3)(a)(a) All obligations collected by the department of justice under this section shall be paid to the state treasurer and deposited in the appropriate fund.
165.30(3)(b)
(b) From the amount of obligations collected by the department of justice under this section, the treasurer shall credit an amount equal to the reasonable and necessary expenses incurred by the department related to collecting those obligations to the appropriation account under
s. 20.455 (1) (gs).
165.30 History
History: 1995 a. 27.
165.50
165.50
Criminal investigation. 165.50(1)
(1) The department of justice shall perform the following criminal investigatory functions for the state:
165.50(1)(a)
(a) Investigate crime that is statewide in nature, importance or influence.
165.50(2)
(2) Special criminal investigation agents of the department shall have the same general police powers as are conferred upon peace officers.
165.50(3)
(3) Except as provided in
s. 20.001 (5), all moneys received as restitution payments reimbursing the department of justice for moneys expended in undercover investigations and operations shall be deposited as general purpose revenue — earned.
165.51
165.51
State fire marshal. The attorney general shall designate an employe as the state fire marshal.
165.51 History
History: 1977 c. 260;
1985 a. 29.
165.55
165.55
Arson investigation. 165.55(1)(1) The chief of the fire department or company of every city, village and town in which a fire department or company exists, and where no fire department or company exists, the city mayor, village president or town clerk shall investigate or cause to be investigated the cause, origin and circumstances of every fire occurring in his or her city, village or town by which property has been destroyed or damaged when the damage exceeds $500, and on fires of unknown origin he or she shall especially investigate whether the fire was the result of negligence, accident or design. Where any investigation discloses that the fire may be of incendiary origin, he or she shall report the same to the state fire marshal.
165.55(2)
(2) The department of justice shall supervise and direct the investigation of fires of incendiary origin when the state fire marshal deems the investigation expedient.
165.55(3)
(3) When, in the opinion of the state fire marshal, investigation is necessary, he or she shall take or cause to be taken the testimony on oath of all persons supposed to be cognizant of any facts or to have any means of knowledge in relation to any case of damage to property by fire or explosives. If the state fire marshal is of the opinion that there is evidence sufficient to charge any person with a crime under
s. 941.11,
943.01,
943.012,
943.013,
943.02,
943.03 or
943.04 or with an attempt to commit any of those crimes, he or she shall cause the person to be prosecuted, and furnish the prosecuting attorney the names of all witnesses and all the information obtained by him or her, including a copy of all testimony taken in the investigation.
165.55(4)
(4) The state fire marshal shall assign at least one deputy fire marshal exclusively to fire marshal duties for counties having a population of 500,000 or more.
165.55(7)
(7) The state fire marshal and his or her subordinates shall each have the power to conduct investigations and hearings and take testimony regarding fires and the causes thereof, and compel the attendance of witnesses. The fees of witnesses shall be paid upon certificates signed by the officer before whom any witnesses shall have attended, and shall be charged to the appropriation for the state fire marshal.
165.55(8)
(8) All investigations held by or under the direction of the state fire marshal, or his or her subordinates, may, in the fire marshal's discretion, be private, and persons other than those required to be present may be excluded from the place where such investigation is held, and witnesses may be kept apart from each other, and not allowed to communicate with each other until they have been examined.
165.55(9)
(9) The state fire marshal and his or her subordinates may at all reasonable hours in performance of their duties enter upon and examine any building or premises where any fire has occurred and other buildings or premises near the same, and seize any evidence found as a result of such examination which in the opinion of the officer finding the same may be used in any criminal action which may result from such examination or otherwise, and retain it for a reasonable time or until it becomes an exhibit in the action.
165.55(10)
(10) The state fire marshal, deputy state fire marshals or chiefs of fire departments shall apply for and obtain special inspection warrants prior to the inspection or investigation of personal or real properties which are not public buildings or for the inspection of portions of public buildings which are not open to the public for the purpose of determining the cause, origin and circumstances of fires either upon showing that consent to entry for inspection purposes has been refused or upon showing that it is impractical to obtain the consent. The warrant may be in the form set forth in
s. 66.123. The definition of a public building under
s. 101.01 (12) applies to this subsection. No special inspection warrant is required:
165.55(10)(a)
(a) In cases of emergency when a compelling need for official action can be shown and there is no time to secure a warrant;
165.55(10)(b)
(b) For investigations which occur during or immediately after the fire fighting process; or
165.55(10)(c)
(c) For searches of public buildings which are open to the public.
165.55(10m)
(10m) Any investigation or inspection authorized under
sub. (10) shall be conducted by the state fire marshal, deputy state fire marshals or chiefs of fire departments or their designees.
165.55(11)
(11) All officers who perform any service at the request of the state fire marshal or the state fire marshal's subordinates shall receive fees determined by the state fire marshal and such fees shall be charged to the appropriation for the department of justice.
165.55(13)
(13) Any officer named in
subs. (1) and
(2) who neglects to comply with any of the requirements of this section shall be fined not less than $25 nor more than $200 for each neglect or violation.
165.55(14)
(14) The state fire marshal, any deputy fire marshal or fire chief may require an insurer, including the state acting under
ch. 619, to furnish any information in its possession relating to a fire loss involving property with respect to which a policy of insurance issued or serviced by the insurer may apply. Any insurer, including the state, may furnish to the state fire marshal, any deputy fire marshal or fire chief information in its possession relating to a fire loss to which insurance issued by it may apply. In the absence of fraud or malice, no insurer furnishing information under this subsection, state fire marshal, deputy fire marshal or fire chief, and no person acting on behalf of the insurer, state fire marshal, deputy fire marshal or fire chief, shall be liable in any civil or criminal action on account of any statement made, material furnished or action taken in regard thereto. Information furnished by an insurer under this subsection shall be held in confidence by the state fire marshal, deputy fire marshal or fire chief and all subordinates until release or publication is required pursuant to a civil or criminal proceeding. Information obtained by the state fire marshal, any deputy fire marshal or fire chief during their investigations of fires determined to be the result of arson may be available to the insurer of the property involved.
165.55 Annotation
State fire marshall must establish proper discretionary reasons for exercising privilege of secrecy under (8). Black v. General Electric Co. 89 W (2d) 195, 278 NW (2d) 224 (Ct. App. 1979).
165.55 Annotation
See note to Art. I, sec. 11, citing State v. Monosso, 103 W (2d) 368, 308 NW (2d) 891 (Ct. App. 1981).
165.55 Annotation
Arson investigations under (9) and (10) are subject to search warrant requirements set forth in Michigan v. Tyler, 436 US 499 (1978). Consent to search discussed. 68 Atty. Gen. 225.
165.55 Annotation
Warrantless search by arson investigators of defendant's fire-damaged home was unconstitutional. Michigan v. Clifford, 464 US 287 (1984).
165.60
165.60
Law enforcement. The department of justice is authorized to enforce
ss. 101.123 (2),
(5) and
(8),
944.30,
944.31,
944.33,
944.34,
945.02 (2),
945.03 and
945.04 and is invested with the powers conferred by law upon sheriffs and municipal police officers in the performance of those duties. This section does not deprive or relieve sheriffs, constables and other local police officers of the power and duty to enforce those sections, and those officers shall likewise enforce those sections.
165.70
165.70
Investigation of statewide crime. 165.70(1)
(1) The department of justice shall:
165.70(1)(a)
(a) Investigate crime which is statewide in nature, importance or influence;
165.70(1)(b)
(b) Enforce
chs. 945 and
961 and
ss. 940.20 (3),
941.25 to
941.27,
943.01 (2) (c),
943.27,
943.28,
943.30,
944.30,
944.31,
944.32,
944.33,
944.34,
946.65,
947.02 (3) and
(4) and
948.08.
165.70(1)(e)
(e) Investigate violations of
ch. 563 that are statewide in nature, importance or influence.
165.70(2)
(2) The attorney general shall appoint, under the classified service, investigative personnel to achieve the purposes set out in
sub. (1) who shall have the powers of a peace officer. As many as are deemed necessary of the investigators so appointed shall be trained in drugs and narcotics law enforcement, or shall receive such training within one year of their appointment, and they shall assist, when appropriate, local law enforcement agencies to help them meet their responsibilities in this area.
165.70(3)
(3) It is the intention of this section to give the attorney general responsibility for devising programs to control crime statewide in nature, importance or influence, drugs and narcotics abuse, commercial gambling, prostitution, and arson. Nothing herein shall deprive or relieve local peace officers of the power and duty to enforce those provisions enumerated in
sub. (1).
165.70(3m)
(3m) The attorney general shall establish a separate bureau in the division of criminal investigation in which all of the department's gaming law enforcement responsibilities under
chs. 561 to
569 and
945 shall be performed.
165.70(4)
(4) District attorneys, sheriffs and chiefs of police shall cooperate and assist the personnel of the department in the performance of their duties.
165.72
165.72
Controlled substances hotline and rewards. 165.72(1)(a)
(a) "Department" means the department of justice.
165.72(2)
(2) Hotline. The department of justice shall maintain a toll-free telephone number during normal retail business hours, as determined by departmental rule, for both of the following:
165.72(2)(a)
(a) For persons to anonymously provide tips regarding suspected controlled substances violations.
165.72(2)(b)
(b) For pharmacists to report suspected controlled substances violations.
165.72(3)
(3) Reward payment program. The department shall administer a reward payment program. Under the program, the department may offer and pay rewards from the appropriation under
s. 20.455 (2) (e) for information under
sub. (2) (a) leading to the arrest and conviction of a person for a violation of
ch. 961.
165.72(4)
(4) Payment limitations. A reward under
sub. (3) may not exceed $1,000 for the arrest and conviction of any one person. The department may not make any reward payment to a law enforcement officer, jail officer, secure detention officer, pharmacist or department employe.
165.72(5)
(5) Department authority. If a reward is claimed, the department shall make the final determination regarding any payment. The department may pay portions of a reward to 2 or more persons. The payment of a reward is not subject to a contested case proceeding under
ch. 227. The offer of a reward under
sub. (3) does not create any liability on the department or the state.
165.72(6)
(6) Records. The department may withhold any record under this section from inspection or copying under
s. 19.35.
165.72(7)
(7) Publicity. The department shall cooperate with the department of education in publicizing, in public schools, the use of the toll-free telephone number under
sub. (2).
Effective date note
NOTE: Sub. (7) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(7) Publicity. The department shall cooperate with the department of public instruction in publicizing, in public schools, the use of the toll-free telephone number under sub. (2)
165.75
165.75
Crime laboratories. 165.75(1)(a)
(a) "Department" means the department of justice.
165.75(1)(b)
(b) "Employe" means any person in the service of the laboratories. "Employe" does not include any division administrator.
