13.83 (3) (c) 1. The joint legislative council shall pay the expenses incurred by the members appointed under par. (b) 1., in performing their functions on the special committee, from the appropriation under s. 20.765 (3) (e) or (5).
SECTION 15. 13.90 (2) of the statutes is amended to read:
13.90 (2) The cochairpersons of the joint committee on legislative organization or their designated agent shall accept service made under s. 806.04 (11). If the committee, the senate organization committee or the assembly organization committee, determines that the legislature should be represented in the proceeding, that committee shall designate the legislature's representative for the proceeding. The costs of participation in the proceeding shall be paid equally from the appropriations under s. 20.765 (1) (a) and (b) or shall be paid from the appropriation under s. 20.765 (5), if applicable, except that such costs incurred by the department of justice shall be paid from the appropriation under s. 20.455 (1) (d).
SECTION 16. 13.90 (4) of the statutes is amended to read:
13.90 (4) The cochairpersons of the joint committee on legislative organization shall authorize payment of fees entitling the legislature to membership in national organizations from the appropriation under s. 20.765 (3) (fa) or (5).
SECTION 17. 13.93 (2) (k) of the statutes is amended to read:
13.93 (2) (k) Pay, from the appropriation under s. 20.765 (3) (a) or (5), the expenses of attendance at meetings of members of the Commission on Uniform State Laws who are appointed by the governor.
SECTION 18. 13.94 (1m) of the statutes is amended to read:
13.94 (1m) INDEPENDENT EXPERTS. The legislative audit bureau may contract for the services of such independent professional or technical experts as deemed necessary to carry out the statutory duties and functions of the bureau within the limits of the amount provided under s. 20.765 (3) (c) or (5); and, in the case of postaudits involving the performance and program accomplishments of a department, shall contract for the services of such subject matter and program specialists from any state or federal agency or public institution of higher learning as deemed necessary by the joint committee on legislative organization.
SECTION 19. 14.38 (10) (c) of the statutes is amended to read:
14.38 (10) (c) Publish in the official state newspaper within 10 days after the date of publication of an act a notice certifying the number of each act, the number of the bill from which it originated, the date of publication and the relating clause. Each certificate shall also contain a notice of where the full text of each act can be obtained. Costs under this paragraph shall be charged to the appropriation under s. 20.765 (1) (d) or (5).
SECTION 20. 20.765 (1) (a) of the statutes is amended to read:
20.765 (1) (a) General program operations -- assembly. A sum sufficient to carry out the functions of the assembly, excluding expenses for legislative documents. No moneys may be expended or encumbered under this appropriation before the effective date of the biennial budget act for the 2005-07 fiscal biennium, other than moneys encumbered under this appropriation before July 26, 2003, until such time as the joint committee on legislative organization acts under 2003 Wisconsin Act 33, section 9133 (2).
SECTION 21. 20.765 (1) (b) of the statutes is amended to read:
20.765 (1) (b) General program operations -- senate. A sum sufficient to carry out the functions of the senate, excluding expenses for legislative documents. No moneys may be expended or encumbered under this appropriation before the effective date of the biennial budget act for the 2005-07 fiscal biennium, other than moneys encumbered under this appropriation before July 26, 2003, until such time as the joint committee on legislative organization acts under 2003 Wisconsin Act 33, section 9133 (2).
SECTION 22. 20.765 (1) (d) of the statutes is amended to read:
20.765 (1) (d) Legislative documents. A sum sufficient to pay legislative expenses for acquisition, production, retention, sales and distribution of legislative documents authorized under ss. 13.17, 13.90 (1) (g), 13.92 (1) (e), 13.93 (3) and 35.78 (1) or the rules of the senate and assembly, except as provided in sub. (3) (em). No moneys may be expended or encumbered under this appropriation before the effective date of the biennial budget act for the 2005-07 fiscal biennium, other than moneys encumbered under this appropriation before July 26, 2003, until such time as the joint committee on legislative organization acts under 2003 Wisconsin Act 33, section 9133 (2).
SECTION 23. 20.765 (3) (fa) of the statutes is amended to read:
20.765 (3) (fa) Membership in national associations. A sum sufficient to be disbursed under s. 13.90 (4) for payment of the annual fees entitling the legislature to membership in national organizations including, without limitation because of enumeration, the National Conference of State Legislatures, the National Conference of Commissioners on Uniform State Laws and the National Committee on Uniform Traffic Laws and Ordinances. No moneys may be expended or encumbered under this appropriation before the effective date of the biennial budget act for the 2005-07 fiscal biennium, other than moneys encumbered under this appropriation before July 26, 2003, until such time as the joint committee on legislative organization acts under 2003 Wisconsin Act 33, section 9133 (2).
SECTION 24. 20.765 (5) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 25. 35.24 (3) of the statutes is amended to read:
35.24 (3) Reprints of the feature article shall be bound in paper covers and shall be in such quantity as is authorized for each specific reprint by the joint committee on legislative organization. The cost of reprints shall be paid from the appropriation under s. 20.765 (1) (d) or (5).
SECTION 26. 35.91 (1) of the statutes is amended to read:
35.91 (1) The latest edition of the Wisconsin statutes shall be sold at a price, calculated to the nearest dollar, to be fixed by the department, based on cost plus 75% of the revisor's expenditures under s. 20.765 (3) (a) or (5) during the preceding biennium. The department may sell noncurrent editions of the Wisconsin statutes and Wisconsin annotations at reduced prices to be fixed by it.
SECTION 27. 35.93 (9) of the statutes is amended to read:
35.93 (9) The department shall charge the legislature under s. 20.765 (1) (d) or (5) for the cost of distribution of the code and the register, including the costs specified in s. 35.80, and shall deposit all revenues received from their sale into the general fund.
SECTION 9130. Nonstatutory provisions; legislature.
(1) APPROPRIATION LAPSES AND REESTIMATES.
(a) In this subsection, "state operations" means all purposes except aids to individuals and organizations and local assistance.
(b) The cochairpersons of the joint committee on legislative organization shall take actions during the 2005-07 fiscal biennium to ensure that from general purpose revenue appropriations for state operations to the legislature under section 20.765 of the statutes an amount equal to a total of $4,675,000 in fiscal year 2005-06 and a total of $4,675,000 in fiscal year 2006-07 are lapsed from sum certain appropriation accounts or are subtracted from the expenditure estimates for any other types of appropriations, or both.
(c) The cochairpersons of the joint committee on legislative organization shall take actions during the 2005-07 fiscal biennium to ensure that the authorized FTE positions for the legislature are decreased by a total of 38.0 FTE positions from the FTE position level that is authorized for the legislature on the effective date of this subsection.
(End)
LRB-1736LRB-1736/1
RPN:cjs:rs
2005 - 2006 LEGISLATURE
DOA:......Statz, BB0438 - Penalty surcharge increase
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Courts and procedure
Other courts and procedure
This bill raises the penalty surcharge, which the court imposes whenever the court imposes a fine or forfeiture for most violations of state laws or local ordinances, from 24 percent to 25 percent of the fine or forfeiture imposed. The bill also increases the amount of the money collected for this surcharge that goes to the law enforcement training fund and is used to train law enforcement, jail, and secure detention officers and for crime laboratory equipment, from 48 percent to 49.5 percent.
For further information see the state and local 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:
SECTION 1. 757.05 (1) (title) of the statutes is amended to read:
757.05 (1) (title) LEVY OF PENALTY ASSESSMENT SURCHARGE.
SECTION 2. 757.05 (1) (a) of the statutes is amended to read:
757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty surcharge under ch. 814 in an amount of 24% 25% of the fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced in proportion to the suspension.
SECTION 3. 757.05 (2) (a) of the statutes is amended to read:
757.05 (2) (a) Law enforcement training fund. Forty-eight Forty-nine and one-half percent of all moneys collected from penalty surcharges under sub. (1) shall be credited to the appropriation account under s. 20.455 (2) (i) and utilized in accordance with ss. 20.455 (2) and 165.85 (5). The moneys credited to the appropriation account under s. 20.455 (2) (i), except for the moneys transferred to s. 20.455 (2) (jb), constitute the law enforcement training fund.
(End)
LRB-1737LRB-1737/2
CMH:lmk:jf
2005 - 2006 LEGISLATURE
DOA:......Statz - Move administrative functions for district attorneys to department of justice from the department of administration
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
courts and procedure
District attorneys
Generally, under current law, a county selects its own district attorney, but the district attorney and deputy and assistant district attorneys are state employees. DOA provides administrative assistance to district attorney offices. This bill transfers the administrative assistance duties to DOJ.
Current law requires the district attorney of Milwaukee County and the district attorney of another county, as selected by DOC, each to assign one assistant district attorney to be a restorative justice coordinator (coordinator). Each coordinator must establish a program to provide support to victims of crime, help reintegrate the victims into community life, and provide a forum to: allow offenders to meet with the victims or engage in other activities to discuss the impact of their crimes, explore potential restorative responses by the offenders, and provide methods to reintegrate the offenders into community life. The coordinators must assist other district attorneys in establishing similar programs in other counties. The coordinators must keep data regarding the time spent, the number of victims and offenders served, the types of offenses, the program addresses, and the rate of recidivism. DOA must maintain the data that the coordinators gather.
These requirements expire on June 30, 2005. This bill repeals the statutes that create the requirements.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 16.004 (13) of the statutes is repealed.
SECTION 2. 17.11 (4) (intro.) of the statutes is amended to read:
17.11 (4) (intro.) If it is determined in the action or proceeding or is found upon the investigation that a district attorney or sheriff suspended under this section is not guilty of an offense, or has not willfully neglected or refused to perform his or her duties, as charged, that fact shall be certified by the governor to the department of administration justice if a district attorney is involved or to the county clerk of the sheriff's county if a sheriff is involved. Upon the certification, the district attorney or sheriff shall be:
SECTION 3. 19.01 (4) (bn) of the statutes is amended to read:
19.01 (4) (bn) Official oaths and bonds of all district attorneys shall be filed with the secretary department of administration justice.
SECTION 4. 19.42 (5) of the statutes is amended to read:
19.42 (5) "Department" means the legislature, the University of Wisconsin System, any authority or public corporation created and regulated by an act of the legislature and any office, department, independent agency or legislative service agency created under ch. 13, 14 or 15, any technical college district or any constitutional office other than a judicial office. In the case of a district attorney, "department" means the department of administration justice unless the context otherwise requires.
SECTION 5. 20.475 (intro.) of the statutes is amended to read:
20.475 District attorneys. (intro.) There is appropriated to the department of administration justice for the following programs:
SECTION 6. 20.475 (1) (d) of the statutes is amended to read:
20.475 (1) (d) Salaries and fringe benefits. The amounts in the schedule for salaries and fringe benefits of district attorneys and state employees of the office of the district attorney, for payments under s. 978.045 (2) (b) and, beginning in the 1999-2000 fiscal year and ending in the 2003-04 fiscal year, for a payment of $80,000 in each fiscal year toward the department of administration's justice's unfunded prior service liability under the Wisconsin retirement system that results from granting the creditable service under s. 40.02 (17) (gm).
SECTION 7. 20.923 (6) (ac) of the statutes is renumbered 20.923 (6) (dm) and amended to read:
20.923 (6) (dm) Administration Justice, department of: deputy and assistant district attorneys.
SECTION 8. 48.09 (5) of the statutes is amended to read:
48.09 (5) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter arising under s. 48.13, 48.133 or 48.977. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration justice of that change by January 1 of that odd-numbered year.
SECTION 9. 111.815 (3) of the statutes is amended to read:
111.815 (3) With regard to collective bargaining activities involving employees who are assistant district attorneys, the director of the office shall maintain close liaison with the secretary department of administration justice.
SECTION 10. 938.09 (2) of the statutes is amended to read:
938.09 (2) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter concerning a civil law violation arising under s. 938.125. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration justice of that change by January 1 of that odd-numbered year.
SECTION 11. 938.09 (5) of the statutes is amended to read:
938.09 (5) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter arising under s. 938.13. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration justice of that change by January 1 of that odd-numbered year.
SECTION 12. 978.03 (1) of the statutes is amended to read:
978.03 (1) The district attorney of any prosecutorial unit having a population of 500,000 or more may appoint 5 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration justice and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.
SECTION 13. 978.03 (1m) of the statutes is amended to read:
978.03 (1m) The district attorney of any prosecutorial unit having a population of 200,000 or more but not more than 499,999 may appoint 3 deputy district attorneys and such assistant district attorneys as may be requested by the department of administration justice and authorized in accordance with s. 16.505. The district attorney shall rank the deputy district attorneys for purposes of carrying out duties under this section. The deputies, according to rank, may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputies, according to rank, may perform any act required by law to be performed by the district attorney. Any such deputy must have practiced law in this state for at least 2 years prior to appointment under this section.
SECTION 14. 978.03 (2) of the statutes is amended to read:
978.03 (2) The district attorney of any prosecutorial unit having a population of 100,000 or more but not more than 199,999 may appoint one deputy district attorney and such assistant district attorneys as may be requested by the department of administration justice and authorized in accordance with s. 16.505. The deputy may perform any duty of the district attorney, under the district attorney's direction. In the absence or disability of the district attorney, the deputy may perform any act required by law to be performed by the district attorney. The deputy must have practiced law in this state for at least 2 years prior to appointment under this section.
