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.
(1) REVENUE FROM THE STREAMLINED SALES TAX PROJECT. No sooner than July 1, 2006, and no later than September 1, 2006, the department of revenue shall estimate the amount of revenue that will be collected under subchapter III of chapter 77 of the statutes for the 2005-07 fiscal biennium in excess of the amount of revenue that, prior to the beginning of that biennium and based, in part, on the assumption of compliance by sellers with the streamlined sales and use tax agreement described under section 77.65 of the statutes, the department of revenue estimated would be collected under subchapter III of chapter 77 of the statutes for that biennium.
(End)
LRB-1744LRB-1744/2
RLR:cjs:rs
2005 - 2006 LEGISLATURE
DOA:......Milioto - BB0440 FBI background check for caregivers
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Other health and human services
Under current law, a long-term care provider, such as a residential care facility or a personal care worker agency, must obtain the Wisconsin arrest and conviction record of each caregiver who works for the provider. A provider may not employ or contract with a caregiver who has been convicted of a serious crime. If a caregiver is not a Wisconsin resident or resided outside Wisconsin before serving as a caregiver, a provider may request that the caregiver provide fingerprints that may be used to search criminal history records maintained by the Federal Bureau of Investigation (FBI). A provider may share criminal history information concerning a caregiver with other providers.
This bill provides that if a long-term care provider obtains information from the FBI regarding a caregiver's arrest or conviction record, the provider may use the information only to determine whether the caregiver is disqualified from serving as a caregiver. (A provider may still share criminal history information concerning a caregiver with other providers.) The bill further provides that a provider is immune from civil liability to a caregiver for using arrest and conviction information provided by the FBI to make an employment determination regarding the caregiver. The limitation on use of arrest and conviction information and the civil immunity provision apply only to use of arrest and conviction information that a provider requests from the FBI before September 30, 2007.
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:
SECTION 1. 50.065 (2) (bg) of the statutes is amended to read:
50.065 (2) (bg) If an entity hires or contracts with a caregiver for whom, within the last 4 years, the information required under par. (b) 1. to 3. and 5. has already been obtained by another entity, the entity may obtain that information from that other entity, which, notwithstanding par. (br), shall provide the information, if possible, to the requesting entity. If an entity cannot obtain the information required under par. (b) 1. to 3. and 5. from another entity or if an entity has reasonable grounds to believe that any information obtained from another entity is no longer accurate, the entity shall obtain that information from the sources specified in par. (b) 1. to 3. and 5.
SECTION 2. 50.065 (2) (br) of the statutes is created to read:
50.065 (2) (br) 1. Except as provided in subd. 2, an entity that receives information regarding the arrest or conviction of a caregiver from the federal bureau of investigation in connection with a criminal history search under this section may use the information only to determine whether the caregiver's arrest or conviction record disqualifies him or her from serving as a caregiver. An entity is immune from civil liability to a caregiver for using arrest or conviction information provided by the federal bureau of investigation to make an employment determination regarding the caregiver.
2. Subdivision 1. does not apply to use by an entity of arrest or conviction information that the entity requests from the federal bureau of investigation after September 30, 2007.
SECTION 9321. Initial applicability; health and family services.
(1) CAREGIVER CRIMINAL HISTORY SEARCHES. The treatment of section 50.065 (2) (bg) and (br) of the statutes first applies to arrest and conviction information requested on the effective date of this subsection.
(End)
LRB-1750LRB-1750/2
RCT:kjf:rs
2005 - 2006 LEGISLATURE
DOA:......Walker, BB0436 - Transfer from agrichemical management fund to general fund
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
State Government
State finance
This bill transfers $130,100 in fiscal year 2005-06 and $130,100 in fiscal year 2006-07 from the agrichemical management fund to the general fund.
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:
SECTION 9203. Appropriation changes; agriculture, trade and consumer protection.
(1) AGRICHEMICAL MANAGEMENT FUND TRANSFER. There is transferred from the agrichemical management fund to the general fund $130,100 in fiscal year 2005-06 and $130,100 in fiscal year 2006-07.
(End)
LRB-1762LRB-1762/2
PG:wlj:rs
2005 - 2006 LEGISLATURE
DOA:......Hanle, BB0446 - Adult literacy grants
For 2005-07 Budget -- Not Ready For Introduction
