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).
SECTION 20. 978.05 (8) (b) of the statutes is amended to read:
978.05 (8) (b) Hire, employ, and supervise his or her staff and, subject to ss. s. 978.043 and 978.044, make appropriate assignments of the staff throughout the prosecutorial unit. The district attorney may request the assistance of district attorneys, deputy district attorneys, or assistant district attorneys from other prosecutorial units or assistant attorneys general who then may appear and assist in the investigation and prosecution of any matter for which a district attorney is responsible under this chapter in like manner as assistants in the prosecutorial unit and with the same authority as the district attorney in the unit in which the action is brought. Nothing in this paragraph limits the authority of counties to regulate the hiring, employment, and supervision of county employees.
SECTION 21. 978.11 of the statutes is amended to read:
978.11 Budget. The department of administration justice shall prepare the budget of the prosecution system and submit it in accordance with s. 16.42.
SECTION 22. 978.12 (5) (c) 1. of the statutes is amended to read:
978.12 (5) (c) 1. The salaries authorized under this section for the district attorney and the state employees of the office of district attorney shall be paid by the secretary of administration to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration justice. The county treasurer shall pay the amounts directly to the district attorney and state employees of the office of district attorney and the amounts paid shall be subject to the retirement system established under chapter 201, laws of 1937.
SECTION 23. 978.13 (1) (b) of the statutes is amended to read:
978.13 (1) (b) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving felony violations under ch. 961. The secretary of administration shall pay the amount authorized under this subsection to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration justice from the appropriation under s. 20.475 (1) (i).
SECTION 24. 978.13 (1) (c) of the statutes is amended to read:
978.13 (1) (c) In counties having a population of 500,000 or more, the salary and fringe benefit costs of clerk positions in the district attorney's office necessary for the prosecution of violent crime cases primarily involving felony violations under s. 939.63, if a felony is committed while armed, and under ss. 940.01 to 940.03, 940.05, 940.06, 940.225, 943.23 (1g), and 943.32 (2). The secretary of administration shall pay the amount authorized under this subsection to the county treasurer pursuant to a voucher submitted by the district attorney to the secretary department of administration justice from the appropriation under s. 20.475 (1) (i).
(End)
LRB-1742LRB-1742/5
MJL&JK:cjs&wlj:pg
2005 - 2006 LEGISLATURE
DOA:......Ziegler, BB0431 - Using additional revenue collected from compliance with streamlined sales tax project for school aid
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Education
Primary and secondary education
Under this bill, no later than September 1, 2006, DOR will estimate the amount of state sales and use tax revenue that will be collected for the 2005-07 fiscal biennium in excess of the amount of such revenue that, prior to that biennium and based, in part, on the assumption of compliance by sellers with the Streamlined Sales and Use Tax Agreement, DOR estimated would be collected for the biennium. That amount is then appropriated as general school aids for the 2006-07 fiscal year.
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. 16.50 (1) (b) of the statutes is amended to read:
16.50 (1) (b) This subsection does not apply to appropriations under ss. 20.255 (2) (ac) and, (af), and (r), 20.835, and 20.865 (4).
SECTION 2. 16.518 (3) (b) 4. of the statutes is created to read:
16.518 (3) (b) 4. In the 2006-07 fiscal year, the secretary shall reduce any amount transferred to the budget stabilization fund under par. (a) by an amount necessary to fund the appropriation under s. 20.255 (2) (af).
SECTION 3. 16.52 (10) of the statutes is amended to read:
16.52 (10) DEPARTMENT OF PUBLIC INSTRUCTION. The provisions of sub. (2) with respect to refunds and sub. (5) (a) with respect to reimbursements for the prior fiscal year shall not apply to the appropriations under s. 20.255 (2) (ac) and, (af), and (r).
SECTION 4. 20.255 (2) (af) of the statutes is created to read:
20.255 (2) (af) General equalization aids; supplement. A sum sufficient equal to the amount determined under 2005 Wisconsin Act .... (this act), section 9141 (1) for the payment of educational aids under ss. 121.08, 121.09, 121.095, and 121.105 and subch. VI of ch. 121. No moneys may be encumbered or expended from this appropriation after June 30, 2007.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 5. 118.153 (4) (b) of the statutes is amended to read:
118.153 (4) (b) Upon receipt of a school board's annual report under par. (a) the state superintendent shall pay to the school district from the appropriation under s. 20.255 (2) (bc), for each pupil enrolled in a program for children at risk who achieved at least 3 of the objectives under par. (c) in the previous school year, additional state aid in an amount equal to 10% of the school district's average per pupil aids provided under s. 20.835 (7) (a), 1991 stats., and s. 20.255 (2) (ac) and, (af), and (r) in the previous school year.
SECTION 6. 121.007 of the statutes is amended to read:
121.007 Use of state aid; exemption from execution. All moneys paid to a school district under s. 20.255 (2) (ac), (af), (bc), (cg), (cr), (qr), and (r) shall be used by the school district solely for the purposes for which paid. Such moneys are exempt from execution, attachment, garnishment, or other process in favor of creditors, except as to claims for salaries or wages of teachers and other school employees and as to claims for school materials, supplies, fuel, and current repairs.
SECTION 7. 121.08 (4) (a) (intro.), 2. and 3. of the statutes are amended to read:
121.08 (4) (a) (intro.) The amount of state aid that a school district is eligible to be paid from the appropriations under s. 20.255 (2) (ac) and, (af), and(r) shall be reduced by the amount determined as follows:
2. Divide the sum under subd. 1. by the total amount of state aid that all school districts are eligible to be paid from the appropriations under s. 20.255 (2) (ac) and, (af), and (r), calculated as if the reduction under par. (b) had not occurred.
3. Multiply the amount of state aid that the school district is eligible to be paid from the appropriations under s. 20.255 (2) (ac) and ,(af), and (r), calculated as if the reduction under par. (b) had not occurred, by the quotient under subd. 2.
SECTION 8. 121.08 (4) (b) of the statutes is amended to read:
121.08 (4) (b) The amount of state aid that the school district operating under ch. 119 is eligible to be paid from the appropriations under s. 20.255 (2) (ac), (af), and (r) shall also be reduced by 45% of the amounts paid under s. 119.23 (4) and (4m) in the current school year.
SECTION 9. 121.09 (1) of the statutes is amended to read:
121.09 (1) If, on or after July 1, 1980, the tax appeals commission or a court makes a final redetermination on the assessment of property subject to taxation under s. 70.995 that is lower than the previous assessment, or if, on or after January 1, 1982, the state board of assessors makes a final redetermination on the assessment of property subject to taxation under s. 70.995 that is lower than the previous assessment, the school board of the school district in which the property is located may, within 4 years after the date of the determination, decision, or judgment, file the determination of the state board of assessors, the decision of the tax appeals commission, or the judgment of the court with the state superintendent, requesting an adjustment in state aid to the school district. If the state superintendent determines that the determination, decision, or judgment is final and that it has been filed within the 4-year period, the state shall pay to the school district in the subsequent fiscal year, from the appropriation appropriations under s. 20.255 (2) (ac) and (af), an amount equal to the difference between the state aid computed under s. 121.08 for the school year commencing after the year subject to the valuation recertification, using the school district's equalized valuation as originally certified, and the state aid computed under s. 121.08 for that school year using the school district's equalized valuation as recertified under s. 70.57 (2).
SECTION 10. 121.09 (2m) of the statutes is amended to read:
121.09 (2m) If after June 30, 1995, and before July 26, 2003, the state board of assessors, the tax appeals commission, or a court makes a final redetermination on the assessment of telephone company property subject to taxation under s. 70.112 (4) and subch. IV of ch. 76 that is lower than the previous assessment, the school board of the school district in which the property is located may, within 4 years after July 26, 2003, file the redetermination with the state superintendent, requesting an adjustment in state aid to the school district. If the state superintendent determines that the redetermination is final and that it has been filed within the 4-year period, the state shall pay to the school district in the subsequent fiscal year, from the appropriation appropriations under s. 20.255 (2) (ac) and (af), an amount equal to the difference between the state aid computed under s. 121.08 for the school year commencing after the year subject to the valuation recertification, using the school district's equalized valuation as originally certified, and the state aid computed under s. 121.08 for that school year using the school district's equalized valuation as recertified under s. 70.57 (2).
SECTION 11. 121.09 (2r) of the statutes is amended to read:
121.09 (2r) If after July 26, 2003, the state board of assessors, the tax appeals commission, or a court makes a final redetermination on the assessment of telephone company property subject to taxation under s. 70.112 (4) and subch. IV of ch. 76 that is lower than the previous assessment, the school board of the school district in which the property is located may, within 4 years after the redetermination, file the redetermination with the state superintendent, requesting an adjustment in state aid to the school district. If the state superintendent determines that the redetermination is final and that it has been filed within the 4-year period, the state shall pay to the school district in the subsequent fiscal year, from the appropriation appropriations under s. 20.255 (2) (ac) and (af), an amount equal to the difference between the state aid computed under s. 121.08 for the school year commencing after the year subject to the valuation recertification, using the school district's equalized valuation as originally certified, and the state aid computed under s. 121.08 for that school year using the school district's equalized valuation as recertified under s. 70.57 (2).
SECTION 12. 121.095 (2) of the statutes is amended to read:
121.095 (2) From the appropriation appropriations under s. 20.255 (2) (ac) and (af), annually the department of public instruction shall pay to the department of military affairs an amount equal to the sum of the reductions under sub. (1). The department of public instruction shall ensure that the aid adjustment under sub. (1) does not affect the amount determined to be received by a school district as state aid under s. 121.08 or for any other purpose.
SECTION 13. 121.105 (3) of the statutes is amended to read:
121.105 (3) In the school year in which a school district consolidation takes effect under s. 117.08 or 117.09 and in each of the subsequent 4 school years, the consolidated school district's state aid shall be an amount that is not less than the aggregate state aid received by the consolidating school districts in the school year prior to the school year in which the consolidation takes effect. The additional state aid shall be paid from the appropriation appropriations under s. 20.255 (2) (ac) and (af).
SECTION 14. 121.15 (1m) (a) 3. of the statutes is amended to read:
121.15 (1m) (a) 3. Beginning in the 1999-2000 school year, annually the state shall pay to school districts, from the appropriation appropriations under s. 20.255 (2) (ac) and (af), $75,000,000 on the 4th Monday in July of the following school year.
SECTION 15. 121.85 (6) (e) of the statutes is amended to read:
121.85 (6) (e) Sources of aid payments. State aid under this section shall be paid from the appropriation appropriations under s. 20.255 (2) (ac) and (af).
SECTION 16. 121.85 (8) of the statutes is amended to read:
121.85 (8) TRANSFERRED PUPILS. Pupils transferring schools under this section shall be subject to the same rules and regulations as resident pupils and shall have the responsibilities, privileges, and rights of resident pupils in the school district or attendance area. Subject to this subsection, a pupil transferring schools under either sub. (3) (a) or (b) has the right to complete his or her education at the elementary, middle, or high school to which he or she transfers so long as full funding therefor is available under s. 20.255 (2) (ac) and (af).
SECTION 17. 121.85 (9) (c) of the statutes is amended to read:
121.85 (9) (c) The obligation under par. (a) to organize planning councils shall apply only with regard to school terms for which full pupil transfer aids are appropriated under s. 20.255 (2) (ac) and (af) and planning council assistance funds are appropriated under s. 20.255 (1) (a).
SECTION 9141. Nonstatutory provisions; revenue.
