Amendment SA8-SSA2-SB45

SB45-SSA2-SA8,74,19 29. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,74,20 “Section 169. 165.08 (1) of the statutes is amended to read:

SB45-SSA2-SA8,75,10 165.08 (1) Any civil action prosecuted by the department by direction of any officer, department, board, or commission, or any shall be compromised or discontinued when so directed by such officer, department, board, or commission. Any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of an intervenor under s. 803.09 (2m) or, if there is no intervenor, by submission of a proposed plan to the joint committee on finance for the approval of the committee. The compromise or discontinuance may occur only if the joint committee on finance approves the proposed plan. No proposed plan may be submitted to the joint committee on finance if the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization the governor.

SB45-SSA2-SA8,170 Section 170. 165.12 (2) (a) of the statutes is repealed.

SB45-SSA2-SA8,171 Section 171. 165.25 (6) (a) 1. of the statutes is amended to read:

SB45-SSA2-SA8,76,11 165.25 (6) (a) 1. At the request of the head of any department of state government, the attorney general may appear for and defend any state department, or any state officer, employee, or agent of the department in any civil action or other matter brought before a court or an administrative agency which is brought against the state department, or officer, employee, or agent for or on account of any act growing out of or committed in the lawful course of an officer’s, employee’s, or agent’s duties. Witness fees or other expenses determined by the attorney general to be reasonable and necessary to the defense in the action or proceeding shall be paid as provided for in s. 885.07. The attorney general may compromise and settle the action as the attorney general determines to be in the best interest of the state except that, if the action is for injunctive relief or there is a proposed consent decree, the attorney general may not compromise or settle the action without the approval of an intervenor under s. 803.09 (2m) or, if there is no intervenor, without first submitting a proposed plan to the joint committee on finance. If, within 14 working days after the plan is submitted, the cochairpersons of the committee notify the attorney general that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may compromise or settle the action only with the approval of the committee. The attorney general may not submit a proposed plan to the joint committee on finance under this subdivision in which the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization.”.

SB45-SSA2-SA8,76,12 30. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,76,13 “Section 172. 20.455 (2) (gb) of the statutes is amended to read:

SB45-SSA2-SA8,76,18 20.455 (2) (gb) Gifts and grants. The amounts in the schedule to carry out the purposes for which gifts and grants are made and received. All moneys received from gifts and grants, other than moneys received for and credited to another appropriation account under this subsection, shall be credited to this appropriation account to carry out the purposes for which made and received.

SB45-SSA2-SA8,173 Section 173. 20.455 (3) (g) of the statutes is amended to read:

SB45-SSA2-SA8,77,3 20.455 (3) (g) Gifts, grants and proceeds. The amounts in the schedule to carry out the purposes for which gifts and grants are made and collected. All moneys received from gifts and grants and all proceeds from services, conferences, and sales of publications and promotional materials to carry out the purposes for which made or collected, except as provided in sub. (2) (gm) and (gp) and to transfer to s. 20.505 (1) (kg), at the discretion of the attorney general, an amount not to exceed $98,300 annually, shall be credited to this appropriation account.

SB45-SSA2-SA8,174 Section 174. 165.10 of the statutes is amended to read:

SB45-SSA2-SA8,77,17 165.10 Deposit Limits on expenditure of discretionary settlement funds. The Notwithstanding s. 20.455 (3) (g), before the attorney general shall deposit all may expend settlement funds into the general fund under s. 20.455 (3) (g) that are not committed under the terms of the settlement, the attorney general shall submit to the joint committee on finance a proposed plan for the expenditure of the funds. If the cochairpersons of the committee do not notify the attorney general within 14 working days after the submittal that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may expend the funds to implement the proposed plan. If, within 14 working days after the submittal, the cochairpersons of the committee notify the attorney general that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may expend the funds only to implement the plan as approved by the committee.”.

SB45-SSA2-SA8,77,18 31. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,77,19 “Section 175. 757.07 (1) (e) 8. of the statutes is created to read:

SB45-SSA2-SA8,77,22 757.07 (1) (e) 8. A district judge or magistrate judge for a U.S. district court in the state of Wisconsin or a bankruptcy judge for a U.S. bankruptcy court in the state of Wisconsin.”.

SB45-SSA2-SA8,77,23 32. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,78,1 “Section 176. 20.455 (1) (hm) of the statutes is amended to read:

SB45-SSA2-SA8,78,7 20.455 (1) (hm) Restitution. All moneys received by the department to provide restitution to victims when ordered by the court as the result of prosecutions under s. 49.49 and chs. 100, 133, 281 to 285 and 289 to 299 and, under a federal antitrust law for the purpose of providing restitution to victims of the violation when ordered by the court, or under any other court order or settlement agreement for the purpose of providing restitution to victims.”.

SB45-SSA2-SA8,78,8 33. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,78,9 “Section 9127. Nonstatutory provisions; Justice.

SB45-SSA2-SA8,78,19 (1) Alternatives to incarceration grant program position transfers to supreme court. On January 1, 2027, 3.0 FTE GPR positions in the department of justice, funded from the appropriation under s. 20.455 (2) (a), that administer the alternative to incarceration grant program and the incumbent employees holding those positions are transferred to the supreme court. Employees transferred under this subsection have all the rights and the same status under ch. 230 under the supreme court that they enjoyed in the department of justice immediately before the transfer. Notwithstanding s. 230.28 (4), no employee transferred under this subsection who has attained permanent status in class is required to serve a probationary period.”.

SB45-SSA2-SA8,78,20 34. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,78,22 “Section 177. 66.0501 (1) of the statutes is renumbered 66.0501 (1) (a) and amended to read:

SB45-SSA2-SA8,79,3 66.0501 (1) (a) No Except as provided in par. (b), no person may be appointed deputy sheriff of any county or police officer for any city, village, or town unless that person is a citizen of the United States. This section does not apply to common carriers or to a deputy sheriff not required to take an oath of office.

SB45-SSA2-SA8,178 Section 178. 66.0501 (1) (b) of the statutes is created to read:

SB45-SSA2-SA8,79,9 66.0501 (1) (b) The sheriff of a county or the appointing authority of a local law enforcement agency that provides police service to a city, village, or town may elect to authorize the appointment of noncitizens who are in receipt of valid employment authorization from the federal department of homeland security as deputy sheriffs for that county or as police officers for that city, village, or town.

SB45-SSA2-SA8,179 Section 179. 165.85 (4) (a) 1m. of the statutes is created to read:

SB45-SSA2-SA8,79,14 165.85 (4) (a) 1m. The board may not create criteria for participation in the preparatory training program under subd. 1. that would prevent a person from participation if the person is in receipt of a valid employment authorization from the federal department of homeland security.”.

SB45-SSA2-SA8,79,15 (end)