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LRB-3875/2
CMH:amn
2019 - 2020 LEGISLATURE
October 7, 2019 - Introduced by Representatives Tusler, McGuire, Born, Ott,
Bowen, Edming, Kurtz, Mursau, Neubauer, Novak, Petryk, Riemer, Schraa,
Tittl, Zamarripa and Vruwink, cosponsored by Senators Wanggaard and
Bernier. Referred to Committee on Government Accountability and
Oversight.
AB513,1,6 1An Act to repeal 978.001 (1p) and 978.11; to amend 13.093 (2) (a), 230.33 (1),
2978.03, 978.045 (1g), 978.045 (1r) (bm) (intro.), 978.045 (2), 978.05 (9) and
3978.12 (1) (c); and to create 13.0967, 15.105 (7), 15.77, 20.548, 20.923 (4) (f) 7x.,
420.923 (6) (hs), 230.08 (2) (qp), 978.001 (1b), (1d) and (1n), 978.003, 978.004 and
5978.005 of the statutes; relating to: creation of a prosecutor board and a state
6prosecutors office and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill creates an independent prosecutor board that oversees and sets
policies for a state prosecutors office, also created in this bill. Under this bill, the
executive director of the state prosecutors office manages the office; prepares
personnel policies, fiscal estimates, and an annual report; and represents the board
before the governor, the legislature, bar associations, and courts. The executive
director may also identify methods and practices for district attorneys that promote
professional competence and ethical practices. Under this bill, the state prosecutors
office assumes duties relating to district attorneys that current law assigns to the
Department of Administration, such as preparing a budget for all of the prosecutorial
units, approving appointments of special prosecutors when needed, and making
requests for assistant district attorneys in certain prosecutorial units.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB513,1 1Section 1. 13.093 (2) (a) of the statutes is amended to read:
AB513,3,82 13.093 (2) (a) Any bill making an appropriation, any bill increasing or
3decreasing existing appropriations or state or general local government fiscal
4liability or revenues, and any bill that modifies an existing surcharge or creates a
5new surcharge that is imposed under ch. 814, shall, before any vote is taken thereon
6by either house of the legislature if the bill is not referred to a standing committee,
7or before any public hearing is held before any standing committee or, if no public
8hearing is held, before any vote is taken by the committee, incorporate a reliable
9estimate of the anticipated change in appropriation authority or state or general
10local government fiscal liability or revenues under the bill, including to the extent
11possible a projection of such changes in future biennia. The estimate shall also
12indicate whether any increased costs incurred by the state under the bill can be
13mitigated through the use of contractual service contracts let in accordance with
14competitive procedures. For purposes of this paragraph, a bill increasing or
15decreasing the liability or revenues of the unemployment reserve fund is considered
16to increase or decrease state fiscal liability or revenues. Except as otherwise
17provided by joint rules of the legislature or this paragraph, such estimates shall be
18made by the department or agency administering the appropriation or fund or
19collecting the revenue. The legislative council staff shall prepare the fiscal estimate
20with respect to the provisions of any bill referred to the joint survey committee on
21retirement systems which create or modify any system for, or make any provision for,

1the retirement of or payment of pensions to public officers or employees. The director
2of state courts shall prepare the fiscal estimate with respect to the provisions of any
3bill that modifies an existing surcharge or creates a new surcharge that is imposed
4under ch. 814. The executive director of the state prosecutors office shall prepare the
5fiscal estimate with respect to the provisions of any bill that affects prosecutors or
6the state prosecutors office, including bills modifying or creating crimes or
7sentencing practices.
When a fiscal estimate is prepared after the bill has been
8introduced, it shall be printed and distributed as are amendments.
AB513,2 9Section 2. 13.0967 of the statutes is created to read:
AB513,3,15 1013.0967 Review of bills affecting state prosecutors office. Any bill that
11is introduced in either house of the legislature that directly affects the state
12prosecutors office shall have a notation to that effect on its jacket when the jacket is
13prepared. When a bill that has that notation on the jacket is introduced, the
14legislative reference bureau shall submit a copy of the bill to the state prosecutors
15office.
AB513,3 16Section 3. 15.105 (7) of the statutes is created to read:
AB513,3,1917 15.105 (7) State prosecutors office. There is created a prosecutors office that
18is attached to the department of administration under s. 15.03. The executive
19director shall be appointed by the prosecutor board.
AB513,4 20Section 4. 15.77 of the statutes is created to read:
AB513,3,22 2115.77 Prosecutor board. There is created a prosecutor board consisting of
2211 members, appointed for staggered 3-year terms, as follows:
AB513,3,24 23(1) From each district under s. 752.11 (1) (b), (c), and (d), 2 district attorneys
24appointed by a majority of district attorneys from the district.
AB513,4,2
1(2) From the district under s. 752.11 (1) (a), the district attorney and a deputy
2district attorney appointed by the district attorney.
AB513,4,5 3(3) Two nonelected prosecutors, each from a different county, appointed by a
4majority of nonelected prosecutors. Under this subsection, “prosecutor” does not
5include a special prosecutor appointed under s. 978.045 or 978.05 (8) (b).
AB513,4,6 6(4) The attorney general or his or her designee.
AB513,5 7Section 5 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
8the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
AB513,6 9Section 6. 20.548 of the statutes is created to read:
AB513,4,11 1020.548 Prosecutor board. There is appropriated to the prosecutor board for
11the following program:
AB513,4,14 12(1) Coordination and administration of prosecutor functions. (a) Program
13administration.
The amounts in the schedule for program administration costs of
14the office of state prosecutors.
AB513,4,1715 (g) Gifts, grants, and proceeds. All moneys received from gifts and grants and
16all proceeds from services, conferences, and sales of publications and promotional
17materials for the purposes for which made or received.
AB513,7 18Section 7. 20.923 (4) (f) 7x. of the statutes is created to read:
AB513,4,1919 20.923 (4) (f) 7x. State prosecutors office: executive director.
AB513,8
1Section 8. 20.923 (6) (hs) of the statutes is created to read:
AB513,5,22 20.923 (6) (hs) State prosecutors office: legislative liaison.
AB513,9 3Section 9. 230.08 (2) (qp) of the statutes is created to read:
AB513,5,54 230.08 (2) (qp) The executive director and legislative liaison in the office of
5state prosecutors.
AB513,10 6Section 10. 230.33 (1) of the statutes is amended to read:
AB513,5,177 230.33 (1) A person appointed to an unclassified position by the governor,
8elected officer, judicial body, or prosecutor board, or by a legislative body or
9committee shall be granted a leave of absence without pay for the duration of the
10appointment and for 3 months thereafter, during which time the person has
11restoration rights to the former position or equivalent position in the department in
12which last employed in a classified position without loss of seniority. The person
13shall also have reinstatement privileges for 5 years following appointment to the
14unclassified service or for one year after termination of the unclassified appointment
15whichever is longer. Restoration rights and reinstatement privileges shall be
16forfeited if the reason for termination of the unclassified appointment would also be
17reason for discharge from the former position in the classified service.
AB513,11 18Section 11. 978.001 (1b), (1d) and (1n) of the statutes are created to read:
AB513,5,1919 978.001 (1b) “Board" means the prosecutor board.
AB513,5,21 20(1d) “Executive director" means the executive director appointed under s.
21978.003 (3).
AB513,5,22 22(1n) “Office" means the state prosecutors office.
AB513,12 23Section 12. 978.001 (1p) of the statutes is repealed.
AB513,13 24Section 13. 978.003 of the statutes is created to read:
AB513,5,25 25978.003 Board; duties. The board shall do all of the following:
AB513,6,2
1(1) Submit the budget in accordance with s. 16.42 after the executive director
2submits the budget to the board and the board approves it.
AB513,6,4 3(2) At least annually submit to the joint committee on finance
4recommendations on the allocation of prosecutor resources.
AB513,6,6 5(3) Appoint an attorney with experience in criminal prosecution as the
6executive director of the office.
AB513,6,7 7(4) Oversee, and set policy initiatives for, the executive director.
AB513,6,9 8(5) Review existing law or proposed legislation and make recommendations to
9the legislature.
AB513,14 10Section 14. 978.004 of the statutes is created to read:
AB513,6,12 11978.004 State prosecutors office executive director. (1) The executive
12director shall do all of the following:
AB513,6,1413 (a) Manage and direct the office subject to the policy initiatives set under s.
14978.003 (4).
AB513,6,1615 (b) Prepare and submit to the board for its approval a budget and any personnel
16and employment policies that the board requires.
AB513,6,1817 (c) Prepare and submit to the board and other appropriate persons an annual
18report of the activities of the office in the form that the board directs.
AB513,6,2019 (d) Represent the board before the governor, the legislature, bar associations,
20courts, and other appropriate entities.
AB513,7,221 (e) Appoint in the classified service an executive assistant and all other
22employees of the office. Before making an appointment under this paragraph, the
23executive director shall notify the board of any prospective appointment. If the board
24does not object to the prospective appointment within 7 working days after
25notification, the executive director may make the appointment. If the board objects

1to a prospective appointment, the executive director may not make the appointment
2until the board approves it.
AB513,7,103 (f) Prepare fiscal estimates on bills affecting prosecutors or the office, including
4bills modifying or creating crimes or sentencing practices. To prepare a fiscal
5estimate, the executive director shall consult with and obtain data from district
6attorneys. The executive director shall transmit a draft fiscal estimate to the board.
7If the board does not object to the draft fiscal estimate within 7 working days after
8receiving it, the executive director may submit the fiscal estimate. If the board
9objects to a draft fiscal estimate, the executive director may not submit the fiscal
10estimate until the board approves it.
AB513,7,13 11(2) The executive director may identify methods and practices for district
12attorneys that promote professional competence, ethical practices, and
13evidence-based practices.
AB513,15 14Section 15. 978.005 of the statutes is created to read:
AB513,7,20 15978.005 Limits on board and executive director. Neither the board nor
16the executive director may make any decision regarding the handling of any case nor
17interfere with any district attorney in carrying out professional duties. Neither the
18board nor the office may interfere with or infringe upon the autonomy of a district
19attorney or upon the authority of a district attorney to manage his or her own
20prosecutorial unit.
AB513,16 21Section 16. 978.03 of the statutes is amended to read:
AB513,8,7 22978.03 Deputies and assistants in certain prosecutorial units. (1) The
23district attorney of any prosecutorial unit having a population of 750,000 or more
24may appoint 7 deputy district attorneys and such assistant district attorneys as may
25be requested by the department of administration, or by the board, and authorized

1in accordance with s. 16.505. The district attorney shall rank the deputy district
2attorneys for purposes of carrying out duties under this section. The deputies,
3according to rank, may perform any duty of the district attorney, under the district
4attorney's direction. In the absence or disability of the district attorney, the deputies,
5according to rank, may perform any act required by law to be performed by the
6district attorney. Any such deputy must have practiced law in this state for at least
72 years prior to appointment under this section.
AB513,8,18 8(1m) The district attorney of any prosecutorial unit having a population of
9200,000 or more but less than 750,000 may appoint 3 deputy district attorneys and
10such assistant district attorneys as may be requested by the department of
11administration, or by the board, and authorized in accordance with s. 16.505. The
12district attorney shall rank the deputy district attorneys for purposes of carrying out
13duties under this section. The deputies, according to rank, may perform any duty
14of the district attorney, under the district attorney's direction. In the absence or
15disability of the district attorney, the deputies, according to rank, may perform any
16act required by law to be performed by the district attorney. Any such deputy must
17have practiced law in this state for at least 2 years prior to appointment under this
18section.
AB513,9,2 19(2) The district attorney of any prosecutorial unit having a population of
20100,000 or more but not more than 199,999 may appoint one deputy district attorney
21and such assistant district attorneys as may be requested by the department of
22administration, or by the board, and authorized in accordance with s. 16.505. The
23deputy may perform any duty of the district attorney, under the district attorney's
24direction. In the absence or disability of the district attorney, the deputy may
25perform any act required by law to be performed by the district attorney. The deputy

1must have practiced law in this state for at least 2 years prior to appointment under
2this section.
AB513,9,8 3(3) Any assistant district attorney under sub. (1), (1m), or (2) must be an
4attorney admitted to practice law in this state and, except as provided in s. 978.043
5(1), may perform any duty required by law to be performed by the district attorney.
6The district attorney of the prosecutorial unit under sub. (1), (1m), or (2) may appoint
7such temporary counsel as may be authorized by the department of administration
8board.
AB513,17 9Section 17. 978.045 (1g) of the statutes is amended to read:
AB513,9,2110 978.045 (1g) A court on its own motion may appoint a special prosecutor under
11sub. (1r) or a district attorney may request a court to appoint a special prosecutor
12under that subsection. Before a court appoints a special prosecutor on its own motion
13or at the request of a district attorney for an appointment that exceeds 6 hours per
14case, the court or district attorney shall request assistance from a district attorney,
15deputy district attorney or assistant district attorney from other prosecutorial units
16or an assistant attorney general. A district attorney requesting the appointment of
17a special prosecutor, or a court if the court is appointing a special prosecutor on its
18own motion, shall notify the department of administration, on a form provided by
19that department, of
office that the district attorney's attorney or the court's inability
20court, whichever is appropriate, is unable to obtain assistance from another
21prosecutorial unit or from an assistant attorney general.
AB513,18 22Section 18. 978.045 (1r) (bm) (intro.) of the statutes is amended to read:
AB513,9,2523 978.045 (1r) (bm) (intro.) The judge may appoint an attorney as a special
24prosecutor at the request of a district attorney to assist the district attorney in the
25prosecution of persons charged with a crime, in grand jury proceedings, in

1proceedings under ch. 980, or in investigations. Except as provided under par. (bp),
2the judge may appoint an attorney as a special prosecutor only if the judge or the
3requesting district attorney submits an affidavit to the department of
4administration
office attesting that any of the following conditions exists:
AB513,19 5Section 19. 978.045 (2) of the statutes is amended to read:
AB513,10,166 978.045 (2) If the department of administration office approves the
7appointment of a special prosecutor under sub. (1r), the court shall fix the amount
8of compensation for the attorney appointed according to the rates specified in s.
9977.08 (4m) (b). The department of administration shall pay the compensation
10ordered by the court from the appropriation under s. 20.475 (1) (d). The court, district
11attorney, and the special prosecutor shall provide any information regarding a
12payment of compensation that the department requests. Any payment under this
13subsection earns interest on the balance due from the 121st day after receipt of a
14properly completed invoice or receipt and acceptance of the property or service under
15the order or contract, whichever is later, at the rate specified in s. 71.82 (1) (a)
16compounded monthly.
AB513,20 17Section 20. 978.05 (9) of the statutes is amended to read:
AB513,10,2018 978.05 (9) Budget. Prepare a biennial budget request for submission to the
19department executive director under s. 978.11 978.004 (1) (b) by September 1 of each
20even-numbered year.
AB513,21 21Section 21. 978.11 of the statutes is repealed.
AB513,22 22Section 22. 978.12 (1) (c) of the statutes is amended to read:
AB513,11,823 978.12 (1) (c) Assistant district attorneys. Assistant district attorneys shall be
24employed outside the classified service. For purposes of salary administration, the
25administrator of the division of personnel management in the department of

1administration, in consultation with the office, shall establish one or more
2classifications for assistant district attorneys in accordance with the classification
3or classifications allocated to assistant attorneys general. Except as provided in ss.
4111.93 (3) (b) and 230.12 (10), the salaries of assistant district attorneys shall be
5established and adjusted in accordance with the state compensation plan for
6assistant attorneys general whose positions are allocated to the classification or
7classifications established by the administrator of the division of personnel
8management in the department of administration
under this paragraph.
AB513,23 9Section 23. Nonstatutory provisions.
AB513,11,1010 (1) Prosecutor board.
AB513,11,1111 (a) Initial terms for prosecutor board members.
AB513,11,15 121. The department of administration and the state prosecutors office shall
13administer and oversee the election of the initial members of the prosecutor board.
14The initial members shall select an executive director of the state prosecutors office
15as provided under s. 978.003 (3) to begin on the effective date of this subdivision.
AB513,11,21 162. Notwithstanding s. 15.77, of the members of the prosecutor board who are
17elected under subd. 1. as initial members, one member representing each district
18under s. 752.11 (1) (b) and (d) and one member under s. 15.77 (3) shall serve for a
19one-year term and one member representing the district under s. 752.11 (1) (c), one
20member under s. 15.77 (2), and one member under s. 15.77 (3) shall serve for a 2-year
21term.
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