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.
SECTION 15. 978.03 (3) of the statutes is amended to read:
978.03 (3) Any assistant district attorney under sub. (1), (1m), or (2) must be an attorney admitted to practice law in this state and, except as provided in ss. s. 978.043 and 978.044, may perform any duty required by law to be performed by the district attorney. The district attorney of the prosecutorial unit under sub. (1), (1m), or (2) may appoint such temporary counsel as may be authorized by the department of administration justice.
****NOTE: This is reconciled s. 978.03 (3). This SECTION has been affected by drafts with the following LRB numbers: LRB-1737 and LRB-0536.
SECTION 16. 978.04 of the statutes is amended to read:
978.04 Assistants in certain prosecutorial units. The district attorney of any prosecutorial unit having a population of less than 100,000 may appoint one or more assistant district attorneys as necessary to carry out the duties of his or her office and as may be requested by the department of administration justice and authorized in accordance with s. 16.505. Any such assistant district attorney must be an attorney admitted to practice law in this state and, except as provided in s. 978.043, may perform any duty required by law to be performed by the district attorney.
SECTION 17. 978.044 of the statutes is repealed.
SECTION 18. 978.045 (1g) of the statutes is amended to read:
978.045 (1g) A court on its own motion may appoint a special prosecutor under sub. (1r) or a district attorney may request a court to appoint a special prosecutor under that subsection. Before a court appoints a special prosecutor on its own motion or at the request of a district attorney for an appointment that exceeds 6 hours per case, the court or district attorney shall request assistance from a district attorney, deputy district attorney or assistant district attorney from other prosecutorial units or an assistant attorney general. A district attorney requesting the appointment of a special prosecutor, or a court if the court is appointing a special prosecutor on its own motion, shall notify the department of administration justice, on a form provided by that department, of the district attorney's or the court's inability to obtain assistance from another prosecutorial unit or from an assistant attorney general.
SECTION 19. 978.045 (2) (b) of the statutes is amended to read:
978.045 (2) (b) The department of administration justice shall pay the compensation ordered by the court from the appropriation under s. 20.475 (1) (d).
