DAs seek alcohol tax pick-me-up

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The Wisconsin District Attorneys Association (WDAA) is hoping its suggestion to raise the state’s annual tax on alcohol will go down smoothly with legislators.

A plan to tap additional revenue generated by an increase in the Wisconsin beer and liquor tax would fund 121 assistant prosecutor positions and decrease turnover in local offices, according to WDAA President Ralph M. Uttke.

But groups like the Tavern League of Wisconsin are already finding the proposal hard to swallow.

“Not surprisingly, we don’t think it’s a good idea,” said spokesperson Scott Stenger. “In fact, we may offer to put a tax on attorney fees to help balance the budget.”

“I think there might be more support in the state for that, rather than a beer tax,” Stenger said.

Uttke said the increase would be a justifiable source of funding for district attorney’s offices, given the work prosecutors do on drunken driving cases.

“We looked at it and what we came up with was the alcohol and beer tax because of the tremendous amount of our work that is generated by those expenditures,” said Uttke, who is the Langlade County District Attorney.

Sensible Increase

Milwaukee County District Attorney John T. Chisholm conceded that the proposal could be a tough sell, but he hopes it will get the attention of legislators.

“I don’t know that this is the only solution and it may not be politically viable,” Chisholm said. “But there seems to be some common sense attached.”

Chisholm said the recent media attention to drunk driving in the state, as well as discussions about criminalizing first offense OWI, prompted prosecutors to at least explore the option of raising the alcohol tax to pay for additional positions.

“Before we discuss increased enforcement of problems related to drunk driving, we ought to look at the cost to the justice system,” Chisholm said. “In particular, district attorneys and how we would deal with that.”

Milwaukee could lose 11 assistant district attorneys by mid-2009 because of federal funding cuts.

The shortage of prosecutors should be addressed before any additional demands are put on the system, said Chisholm. A 2007 report by the Legislative Audit Bureau revealed that the state is short 121 assistant district attorney positions.

Stenger said the alcohol tax proposal is not consistent with state budget policy.

“That’s not the way we do budgeting in the state,” said Stenger. “If they want a change to create a fee for everyone who uses the court system, then that’s something they ought to float.”

Modest Increase

Uttke said the amount of the increase has yet to be determined and he declined to comment on which legislators the WDAA has contacted.

However, he did say that whatever increase is proposed will cover the $10 to $15 million annual cost of the 121 assistant prosecutor positions, as well as a reinstitution of a pay progression system. Uttke estimated that offices around the state have endured a 75-percent turnover rate since 2005 because of stagnant salaries, but growing caseloads.

“There hasn’t been an increase in a long time and Wisconsin’s beer tax is the third lowest in the nation at approximately $2 per barrel,” Uttke said.

Wisconsin’s liquor tax of $3.25 per gallon ranks 17 of the 33 states that tax liquor.

Stenger estimated that doubling the beer tax would generate about $9 million, but he said there is a reason the state’s tax is so low.

“The state’s brewing wholesalers and retailers contribute to the economy more than in any other state,” Stenger said. “I think there is some sensitivity of that in the Legislature and it’s more of a regressive tax.”

Uttke said he and the WDAA are open to other solutions, but until one is presented, he plans to engage state legislators about boosting the tax on booze.

“If someone can come up with another option, we’re open to it, but we believe this is an appropriate way to resolve it,” Uttke said.