LRB-1217/3
MLJ&CMH:wlj&kjf
2019 - 2020 LEGISLATURE
March 20, 2019 - Introduced by Senators Jacque,
Bernier and Wanggaard,
cosponsored by Representatives
Tusler, Ott, Brooks, James, Kurtz, Murphy,
Mursau, Petersen, Pronschinske, Quinn, Shankland, Thiesfeldt,
VanderMeer and Wichgers. Referred to Committee on Insurance, Financial
Services, Government Oversight and Courts.
SB127,1,10
1An Act to repeal 978.001 (1p) and 978.11;
to renumber and amend 977.08 (3)
2(b);
to amend 13.093 (2) (a), 16.971 (9), 16.971 (10), 230.08 (2) (e) 7., 230.33 (1),
3977.02 (5), 977.08 (3) (c), 977.08 (4m) (c), 978.03, 978.045 (1g), 978.045 (1r) (bm)
4(intro.), 978.045 (2), 978.05 (9) and 978.12 (1) (c); and
to create 13.0967, 15.77,
520.548, 20.923 (4) (f) 7x., 227.118, 227.19 (3) (em), 230.08 (2) (qp), 230.12 (13),
6977.08 (3) (b) 2., 977.08 (4m) (d), 978.001 (1b), (1d) and (1n), 978.003, 978.004
7and 978.005 of the statutes;
relating to: creation of a prosecutor board and a
8state prosecutors office; funding for the department of justice, assistant district
9attorneys, the public defender, and the courts; Public Defender Board
10regulation, and making an appropriation.
Analysis by the Legislative Reference Bureau
Courts and procedure
Public defender
Under current law, the Public Defender Board may promulgate rules to assure
that representation of indigent clients by the private bar is at the same level as the
representation provided by the state public defender. Under this bill, the board's
authority to promulgate rules is expanded to include setting standards for and
imposing conditions upon private bar attorney certification, decertification, or
recertification to represent clients. The bill also adds the following list of reasons as
grounds for which the office of the state public defender may exclude a private bar
attorney from a public defender list: 1) the attorney has failed to meet minimum
attorney performance standards adopted by the state public defender; 2) the
attorney has failed to comply with the supreme court rules of professional conduct
for attorneys; 3) the attorney has engaged in conduct that is contrary to the interests
of clients, the interests of justice, or the interests of the state public defender; or 4)
the state public defender learns of any information that raises a concern about the
attorney's character, performance, ability, or behavior.
The bill changes the rate at which the public defender must pay a private local
attorney to whom a case is assigned from $40 per hour for time spent related to a case
to $70 per hour for time spent related to a case. The bill provides $16,612,700 in each
fiscal year of the 2019-21 biennium for the rate increase.
The bill provides $1,767,900 GPR in fiscal year 2019 and $3,535,800 in fiscal
year 2020-21 to fund the assistant state public defender pay progression plan, which
is a plan in current law that consists of 17 hourly salary steps, with each step equal
to one-seventeenth of the difference between the lowest hourly salary and the
highest hourly salary for the salary range for the assistant state public defender
positions.
The bill directs the Public Defender Board to conduct a student loan payment
pilot program for private bar attorneys who accept public defender appointments.
The program would provide a payment to private bar attorneys that they may use
to repay student loans of up to $20,000 per year for attorneys in counties with a
population of 25,000 or less who agree to accept at least 50 state public defender
appointments per year. The bill provides $250,000 in each fiscal year of the 2019-21
biennium for the program.
District Attorneys
The bill creates an independent prosecutor board that oversees and sets policies
for a state prosecutors office, also created in the bill. Under the 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 the 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. The bill
requires any rule that directly affects the state prosecutors office to be reviewed by
the office and for the office to submit a report on the proposed rule that includes
information about the effect of the proposed rule on the state prosecutors office. The
bill requires DOA to provide the state prosecutors office with general access to a case
management system currently used by the Department of Justice to manage
case-related information and to share the information among prosecutors.
The bill provides $1,600,000 in fiscal year 2019-20 and $3,200,000 in fiscal year
2020-21 to fund the deputy and assistant district attorney pay progression plan,
which is a plan in current law that consists of 17 hourly salary steps, with each step
equal to one-seventeenth of the difference between the lowest hourly salary and the
highest hourly salary for the salary range for the deputy and assistant district
attorney positions. The bill also provides $3,320,000 in fiscal year 2019-20 and
$4,427,000 in fiscal year 2020-21 to increase the authorized FTE for the assistant
district attorneys by 60.85 FTE positions.
Circuit courts
The bill provides $2,500,000 in fiscal year 2019-20 and $5,000,000 in fiscal year
2020-21 to fund court appointments made at county expense.
Justice
The bill creates a pay scale for DOJ state crime laboratory analysts that
consists of 17 hourly salary steps, with each step equal to one-seventeenth of the
difference between the lowest hourly salary and the highest hourly salary for the
salary range for DOJ state crime laboratory analysts contained in the state
compensation plan. The compensation plan goes into effect on July 1, 2019.
The bill creates within DOJ 25 FTE positions and provides $1,378,700 in fiscal
year 2019-20 and $3,378,900 in fiscal year 2020-21 to fund ongoing law enforcement
investigations, forensics activities, and operations.
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:
SB127,1
1Section 1
. 13.093 (2) (a) of the statutes is amended to read:
SB127,4,212
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
1estimate of the anticipated change in appropriation authority or state or general
2local government fiscal liability or revenues under the bill, including to the extent
3possible a projection of such changes in future biennia. The estimate shall also
4indicate whether any increased costs incurred by the state under the bill can be
5mitigated through the use of contractual service contracts let in accordance with
6competitive procedures. For purposes of this paragraph, a bill increasing or
7decreasing the liability or revenues of the unemployment reserve fund is considered
8to increase or decrease state fiscal liability or revenues. Except as otherwise
9provided by joint rules of the legislature or this paragraph, such estimates shall be
10made by the department or agency administering the appropriation or fund or
11collecting the revenue. The legislative council staff shall prepare the fiscal estimate
12with respect to the provisions of any bill referred to the joint survey committee on
13retirement systems which create or modify any system for, or make any provision for,
14the retirement of or payment of pensions to public officers or employees. The director
15of state courts shall prepare the fiscal estimate with respect to the provisions of any
16bill that modifies an existing surcharge or creates a new surcharge that is imposed
17under ch. 814.
The executive director of the state prosecutors office shall prepare the
18fiscal estimate with respect to the provisions of any bill that affects prosecutors or
19the state prosecutors office, including bills modifying or creating crimes or
20sentencing practices. When a fiscal estimate is prepared after the bill has been
21introduced, it shall be printed and distributed as are amendments.
SB127,2
22Section 2
. 13.0967 of the statutes is created to read:
SB127,5,3
2313.0967 Review of bills affecting state prosecutors office. Any bill that
24is introduced in either house of the legislature that directly affects the state
25prosecutors office shall have a notation to that effect on its jacket when the jacket is
1prepared. When a bill that has that notation on the jacket is introduced, the
2legislative reference bureau shall submit a copy of the bill to the state prosecutors
3office.
SB127,3
4Section 3
. 15.77 of the statutes is created to read:
SB127,5,6
515.77 Prosecutor board. There is created a prosecutor board consisting of
611 members, appointed for staggered 3-year terms, as follows:
SB127,5,8
7(1) From each district under s. 752.11 (1) (b), (c), and (d), 2 district attorneys
8appointed by a majority of district attorneys from the district.
SB127,5,10
9(2) From the district under s. 752.11 (1) (a), the district attorney and a deputy
10district attorney appointed by the district attorney.
SB127,5,13
11(3) Two nonelected prosecutors, each from a different county, appointed by a
12majority of nonelected prosecutors. Under this subsection, “prosecutor” does not
13include a special prosecutor appointed under s. 978.045 or 978.05 (8) (b).
SB127,5,14
14(4) The attorney general or his or her designee.
SB127,4
15Section
4. 16.971 (9) of the statutes is amended to read:
SB127,5,2316
16.971
(9) In conjunction with the public defender board,
the prosecutor board, 17the director of state courts,
and the departments of corrections and justice
and
18district attorneys, the department may maintain, promote and coordinate
19automated justice information systems that are compatible among counties and the
20officers and agencies specified in this subsection, using the moneys appropriated
21under s. 20.505 (1) (kh) and (kq). The department shall annually report to the
22legislature under s. 13.172 (2) concerning the department's efforts to improve and
23increase the efficiency of integration of justice information systems.
SB127,5
24Section 5
. 16.971 (10) of the statutes is amended to read:
SB127,6,4
116.971
(10) The department shall maintain, and provide the department of
2justice
and the state prosecutors office with general access to, a case management
3system that allows
the state prosecutors office and district attorneys to manage all
4case-related information and share the information among prosecutors.
SB127,7
7Section 7
. 20.548 of the statutes is created to read:
SB127,6,9
820.548 Prosecutor board. There is appropriated to the prosecutor board for
9the following program:
SB127,6,12
10(1) Coordination and administration of prosecutor functions. (a)
Program
11administration. The amounts in the schedule for program administration costs of
12the office of state prosecutors.
SB127,6,1513
(g)
Gifts, grants, and proceeds. All moneys received from gifts and grants and
14all proceeds from services, conferences, and sales of publications and promotional
15materials for the purposes for which made or received.
SB127,8
16Section 8
. 20.923 (4) (f) 7x. of the statutes is created to read:
SB127,6,1717
20.923
(4) (f) 7x. State prosecutors office: executive director.
SB127,9
18Section 9
. 227.118 of the statutes is created to read:
SB127,7,10
1227.118 Review of rules affecting state prosecutors office. (1) Report
2on rules affecting state prosecutors office. If a proposed rule directly affects the
3state prosecutors office, the agency proposing the rule shall, prior to submitting the
4proposed rule to the legislative council staff under s. 227.15, submit the proposed
5rule to the state prosecutors office. The state prosecutors office shall prepare a report
6on the proposed rule before it is submitted to the legislative council staff under s.
7227.15. The state prosecutors office may request any information from other state
8agencies, local governments, individuals, or organizations that is reasonably
9necessary for the office to prepare the report. The state prosecutors office shall
10prepare the report within 30 days after the rule is submitted to the office.
SB127,7,13
11(2) Findings of the office to be contained in the report. The report of the
12state prosecutors office shall contain information about the effect of the proposed
13rule on the state prosecutors office.
SB127,7,15
14(3) Applicability. This section does not apply to emergency rules promulgated
15under s. 227.24.
SB127,10
16Section 10
. 227.19 (3) (em) of the statutes is created to read:
SB127,7,1817
227.19
(3) (em) The report of the state prosecutors office, if the proposed rule
18directly affects the state prosecutors office.
SB127,11
19Section 11
. 230.08 (2) (e) 7. of the statutes is amended to read:
SB127,7,2020
230.08
(2) (e) 7. Justice —
5 6.
SB127,12
21Section 12
. 230.08 (2) (qp) of the statutes is created to read:
SB127,7,2222
230.08
(2) (qp) The executive director in the office of state prosecutors.
SB127,13
23Section 13
. 230.12 (13) of the statutes is created to read:
SB127,8,524
230.12
(13) Department of justice state crime laboratories pay progression
25plan. (a) There is established a pay progression plan for department of justice state
1crime laboratory analysts. The pay progression plan shall consist of 17 hourly salary
2steps, with each step equal to one-seventeenth of the difference between the lowest
3hourly salary and the highest hourly salary for the salary range for the analysts
4contained in the compensation plan. The pay progression plan shall be based
5entirely on merit.
SB127,8,136
(b) Beginning with the first pay period that occurs on or after July 1, 2020, all
7department of justice state crime laboratory analysts who have served with the state
8as analysts for a continuous period of 12 months or more, and who are not paid the
9maximum hourly rate, shall be paid an hourly salary at the step that is immediately
10above their hourly salary on June 30, 2020. All other analysts, who are not paid the
11maximum hourly rate, shall be paid an hourly salary at the step that is immediately
12above their hourly salary on June 30, 2020, when they have served with the state as
13analysts for a continuous period of 12 months.
SB127,8,2514
(c) Beginning with the first pay period that occurs on or after July 1, 2021, and
15with the first pay period that occurs on or after each succeeding July 1, all
16department of justice state crime laboratory analysts who have served with the state
17as analysts for a continuous period of 12 months or more, and who are not paid the
18maximum hourly rate, may, at the discretion of the attorney general, be paid an
19hourly salary at any step, or part thereof, above their hourly salary on the
20immediately preceding June 30. All other analysts who are not paid the maximum
21hourly rate may, at the discretion of the attorney general, be paid an hourly salary
22at any step, or part thereof, above their hourly salary on the immediately preceding
23June 30, when they have served with the state as agents for a continuous period of
2412 months. No salary adjustment for an analyst under this paragraph may exceed
2510 percent of his or her base pay during a fiscal year.
SB127,14
1Section
14. 230.33 (1) of the statutes is amended to read:
SB127,9,122
230.33
(1) A person appointed to an unclassified position by the governor,
3elected officer, judicial body
, or prosecutor board, or by a legislative body or
4committee shall be granted a leave of absence without pay for the duration of the
5appointment and for 3 months thereafter, during which time the person has
6restoration rights to the former position or equivalent position in the department in
7which last employed in a classified position without loss of seniority. The person
8shall also have reinstatement privileges for 5 years following appointment to the
9unclassified service or for one year after termination of the unclassified appointment
10whichever is longer. Restoration rights and reinstatement privileges shall be
11forfeited if the reason for termination of the unclassified appointment would also be
12reason for discharge from the former position in the classified service.
SB127,15
13Section 15
. 977.02 (5) of the statutes is amended to read:
SB127,9,1914
977.02
(5) Promulgate rules establishing procedures to assure that
15representation of indigent clients by the private bar at the initial stages of cases
16assigned under this chapter is at the same level as the representation provided by
17the state public defender
, including setting standards for and imposing conditions
18upon private bar attorney certification, decertification, or recertification to represent
19clients under this chapter.
SB127,16
20Section 16
. 977.08 (3) (b) of the statutes is renumbered 977.08 (3) (b) 1. and
21amended to read:
SB127,9,2522
977.08
(3) (b) 1. A final set of lists for each county shall be prepared, certified
, 23and annually updated by the state public defender. Persons may
not be excluded
24from
any a list
unless only if the state public defender states in writing the reasons
25for such action in
the context of accordance with subd. 2. and existing rules adopted
1by the state public defender board. Any attorney thus excluded
shall then have the
2opportunity to may appeal the state public defender's decision to the board, which
3shall issue a final decision in writing.
SB127,17
4Section 17
. 977.08 (3) (b) 2. of the statutes is created to read:
SB127,10,65
977.08
(3) (b) 2. An attorney may be excluded from a list under subd. 1. if any
6of the following applies:
SB127,10,87
a. The attorney fails or has failed to meet minimum attorney performance
8standards adopted by the state public defender.
SB127,10,99
b. The attorney fails or has failed to comply with SCR chapter 20.
SB127,10,1110
c. The attorney engages in conduct that is contrary to the interests of clients,
11the interests of justice, or the interests of the state public defender.
SB127,10,1312
d. The state public defender learns of any information that raises a concern
13about the attorney's character, performance, ability, or behavior.
SB127,18
14Section 18
. 977.08 (3) (c) of the statutes is amended to read: