This bill transfers the transmission and engineering functions of the educational communications board (ECB) to DOA. The bill also requires ECB and DOA to enter into an affiliation agreement with the board of regents of the UW System with respect to broadcasting station WHA and WHA-TV. The bill does not transfer any programmatic responsibilities of ECB.
Public records and forms
Under current law, the public records and forms board, attached to DOA, is responsible for preserving for permanent use important state records, providing an orderly method for the disposition of other state records and making the management of forms and records by state agencies more cost-effective. Currently, the public records and forms board also reviews and approves or disapproves most forms generated and used by a state agency in transactions between the agency and the public and receives and investigates, with some exceptions, complaints about forms. Under current law, the public records and forms board consists of the governor, the director of the historical society, the attorney general, the state auditor, a representative of the small business community appointed by the governor, a representative of a newspaper published in this state appointed by the governor, a representative of the permit information center appointed by the secretary of development and the director of the legislative council staff.
This bill transfers the responsibilities with respect to forms from the public records and forms board (renamed the "public records board" under this bill) to DOA, except that the public records board maintains the responsibility for receiving and investigating complaints about forms. The public records board also retains all of its responsibilities with respect to records. Under the bill, the composition of the public records board does not include a representative from a newspaper published in this state or a representative of the permit information center; it includes a local governmental official and one other member, both appointed by the governor.
Currently, public records not stored in hard copy format may be transferred to microfilm or optical disk format only. This bill authorizes state government records to be transferred to or maintained in optical disk or electronic format subject to rules promulgated by DOA.
Transfer of national and community service board
Under current law, the national and community service board consists of 16 voting members who are appointed by the governor to represent various interests. The board is attached to DOA but exercises policy-making functions independently of DOA. The board utilizes federal moneys and moneys that it receives from gifts, grants and bequests to provide assistance to persons who operate service programs that address unmet human, educational, environmental or public safety needs. This bill transfers this board to DILHR, effective on the day the bill becomes law. (Under the bill, DILHR is renamed the department of industry, labor and job development (DILJD) on July 1, 1996). Under the bill, the board is attached to DILHR in the same way that it is currently attached to DOA.
Termination of certain state bodies
This bill requires that, no later than October 1, 1995, each council that is created in the executive branch of state government and each board or commission that is created in or attached to an office, department or independent agency in the executive branch of state government submit to the secretary of administration, the lieutenant governor and the cochairpersons of JCF a report describing its functions and the justification, if any, for continuation of those functions. The bill then directs the secretary and the lieutenant governor to evaluate the information contained in the reports and to consider whether to recommend termination of the council, commission or board. Under the bill, if the secretary or the lieutenant governor determines that a council, commission or board should be terminated, the secretary or the lieutenant governor, or if they both so determine the secretary and the lieutenant governor jointly, must, no later than January 1, 1996, submit proposed legislation to the cochairpersons of JCF providing for such termination effective on July 1, 1996. The bill does not apply to any council, commission or board that is created or terminated under any act of the 1995-96 legislature, regardless of the effective date of that creation or termination.
Department of revenue fees
This bill establishes a registration fee set by DOR by rule for employers who are required to withhold amounts from salaries and wages for the income tax.
Under current law, DOR issues sales tax exemption certificates and reseller's certificates at no charge. Under this bill, DOR, by rule, may prescribe a fee for obtaining those certificates.
Under current law, the fees for obtaining or renewing various permits, licenses and certificates that DOR issues and the term for which they are valid are set by statute. This bill allows DOR, by rule, to prescribe those fees and terms.
Land subdivision regulation
Under current law, a person may not divide a parcel of land into 5 or more lots of 1 1/2 acres or less in area for the purpose of sale or building development (subdivide the land) unless the person has the land surveyed and a plat of the land approved and recorded. The person must also secure the approval of specified local and state agencies. Under current law, the department of agriculture, trade and consumer protection (DATCP) receives plats of proposed subdivisions, distributes copies to other local and state agencies for their review and reviews the plats to determine whether they comply with certain state requirements including those concerning surveying, lot size, street width and format. Under current law, DILHR reviews plats of subdivisions that will not be served by public sewage systems to determine whether they comply with certain requirements.
This bill transfers the responsibilities of DATCP and DILHR relating to the platting of subdivisions to the department of commerce (formerly, DOD) on July 1, 1996.
Termination of privacy council and advocate
Under current law, state and local authorities must develop rules of conduct for employes who are involved in collecting, maintaining, using, providing access to, sharing or archiving information with personally identifiable information (information that can be associated with a particular individual in certain ways). The authorities also must train employes in these matters and verify information collected. There is a 9-member privacy council that appoints and advises a privacy advocate and suggests legislation concerning personal privacy protection policies relating to personally identifiable information. The privacy advocate advocates for state and local government policies that protect personal privacy relating to personally identifiable information collected or maintained by state or local authorities. The advocate provides information to individuals and authorities and assists individuals in exercising their rights in these matters. The advocate may advocate on behalf of any individual before any authority on these matters; review any authority's personally identifiable information policies; and gain access, under certain conditions, to confidential information. This bill abolishes the privacy council and eliminates the position of the privacy advocate.
Medicare supplemental insurance information transfer
Current law requires the board on aging and long-term care (BOALTC) to provide to consumers information and counseling about insurance policies that are available as a supplement to federal medicare insurance coverage, about long-term care insurance and about eligibility requirements for medical assistance. This information and counseling is funded by part of the revenue received from certain fees and costs that the office of the commissioner of insurance (OCI) imposes on insurers.
This bill transfers to OCI from BOALTC on January 1, 1996, the duty of providing information and counseling on medicare supplemental insurance to consumers. The bill eliminates the duty to provide information and counseling about eligibility requirements for medical assistance.
Petroleum inspection
Under current law, DILHR collects the petroleum inspection fee. Under this bill, effective on January 1, 1996, DOR collects that fee.
Under current law, with certain exceptions, DILHR must inspect petroleum products received into this state before the products may be unloaded from their original containers, sold, offered for sale or used. Currently, DILHR is not authorized to perform other petroleum testing services. This bill authorizes DILHR to perform inspections of petroleum products other than the testing that it currently performs, and permits DILHR to establish fees for these petroleum testing services and to use the fee revenues to pay for the cost of these services.
State office space consolidation
Currently, DOA is responsible, subject to the governor's approval, for the leasing, acquisition, allocation and utilization of all real property by the state, except as otherwise provided by law and, specifically, subject to a requirement that DOA lease or acquire office space for the legislature and legislative service agencies at the direction of the joint committee on legislative organization.
This bill directs DOA, with the governor's approval, to require physical consolidation of office space utilized by any state agency having fewer than 50 full-time equivalent positions with office space utilized by another state agency, whenever feasible. The requirement does not apply to the legislature or to legislative service agencies.
Allocation of appropriation reductions
This bill requires the arts board, DATCP, the departments of health and social services, justice and public instruction, and the UW System, to recommend to the governor and JCF how budgetary efficiency measures to produce specified savings in the 1996 and 1997 fiscal years shall be allocated among their departmental general purpose revenue appropriations. The appropriations of each agency are reduced by the specified savings amounts in this bill.
Method of removal of state officers
This bill provides that the method of removal of any state officer is the method that governs the method of appointment for the office that the officer holds under current law, rather than the method that governs the manner of appointment for the officer under the law at the time that he or she was appointed.
State procurement
Currently, with several exceptions, state agencies must publicly advertise proposed purchases and must purchase materials, supplies, equipment or services by means of bidding or competitive sealed proposals from the person submitting the lowest responsible bid or competitive sealed proposal. If the estimated cost of a purchase exceeds $10,000, DOA or any agency to which it delegates purchasing authority must publish 2 advertisements soliciting bids or proposals. Except when printing or stationery is procured, if the estimated cost of a purchase is $10,000 or less, DOA or the agency making the purchase may award an order or contract in accordance with "simplified procedures" established by DOA. Except when printing or stationery is procured, the secretary of administration may, with the approval of the governor, in connection with any purchase, waive requirements for solicitation of bids or proposals, as well as certain other requirements, including requirements to make purchases on the basis of life-cycle costs, requirements to purchase commodities and certain other goods or services from state institutions and requirements to attempt to ensure that certain purchases are made from minority-owned businesses. However, if the estimated cost of such a purchase exceeds $10,000, DOA or the agency making the purchase must publish notice of its intent to make a purchase without soliciting bids or proposals.
The secretary of administration may waive these requirements for purchases of supplies, materials, equipment or contractual services, other than printing or stationery, if the secretary determines that it is in the best interest of the state to do so, in order to permit a purchase to be made from another state, from a county, city, village, town or other governmental body in this state from a regional or national consortium composed of nonprofit institutions that support governmental or educational services.
This bill permits the secretary to waive these requirements, or delegate to a state agency the authority to do so, in order to permit a purchase to be made through a contract established by one of these governmental entities or consortia with one or more 3rd parties.
The bill also increases the threshold for application of all of these laws from $10,000 to $25,000.
Sovereign immunity
Under a portion of the common law, which pursuant to the state constitution is in effect in this state unless modified by the constitution or by act of the legislature, the state has "sovereign immunity". In other words, it is generally not possible to sue the state in state court unless a statute or constitutional provision authorizes the suit to be brought. The state constitution (article IV, section 27) directs the legislature to provide by law the manner in which suits may be brought against the state. There are a number of judicial interpretations which define the boundaries of the sovereign immunity doctrine.
In Bahr v. Investment Board, 186 Wis. 2d 379 (Ct. App. 1984), the state court of appeals held that the state investment board could be sued, notwithstanding sovereign immunity, in part because the statutes provide that it is a "body corporate with power to sue and be sued" and because it is an "independent agency of the state" and its operations are not funded with general purpose revenue.
This bill creates a statute that reasserts the state's right not to be sued unless suit is expressly authorized to be brought by law or by the constitution. The bill further provides that no powers, functions or source of funding provided by law to any instrumentality of this state that is engaged in a governmental function constitute a waiver of the state's sovereign immunity to suit. The bill also deletes statutory provisions that provide that certain state agencies may "sue and be sued" and that certain state agencies are a "body corporate" or a "body corporate and politic". Under judicial interpretations, when suits are otherwise permitted to be brought, an agency may be sued notwithstanding the absence of this language. The bill further deletes the provision stating that the investment board is an "independent agency of the state".
In addition, the bill clarifies, in accordance with judicial interpretations, that if the legislature refuses to allow a claim against the state, suit may be brought only if suit is authorized to be brought (i.e., sovereign immunity does not apply).
Finally, the bill provides that the reassertion of sovereign immunity by the state is intended as a restatement of existing law.
False representations affecting elections
Currently, no person may knowingly make or publish, or cause to be made or published, a false representation pertaining to a candidate or referendum that is intended or tends to affect voting at an election. Violators are subject to a fine of not more than $1,000 or imprisonment for not more than 6 months or both. The state elections board is required to accept from any person a complaint alleging a violation of this and other prohibited election practices, except that the board need not investigate a complaint that is not verified (sworn) or that the board finds to be without merit. Prosecutions may be initiated by the appropriate district attorney or, in certain cases, by the attorney general.
This bill provides that the current penalty for violating the false representation statute applies only in situations where the violator acts intentionally. The bill makes violators subject, in addition, to a forfeiture (civil penalty) not exceeding $500 for each violation in which criminal intent is not proven. The bill permits the elections board to initiate civil prosecutions where a violation concerns an election for state office or a statewide referendum, and to compromise and settle prosecutions and proposed prosecutions. The bill also requires the elections board to investigate and make a public statement concerning the truthfulness of any alleged false representation within 15 days of receipt by the board of a verified complaint alleging a violation of the law, unless the board finds the complaint to be without merit.
Campaign finance and lobbying regulation fees
This bill imposes an annual filing fee of $100 upon individuals, committees and groups registered with the elections board that are subject to a campaign finance reporting requirement, other than individuals who or committees or groups that do not make expenditures exceeding $1,000 within a calendar year. The fee is utilized for the general program operations of the elections board.
Currently, the general program operations of the elections board are financed with general purpose revenue and no fees are imposed upon campaign finance registrants.
Currently, with certain exceptions, a lobbyist who desires to act on behalf of a principal to attempt to influence legislative action or state administrative rule making must obtain a license from the state ethics board, for which there is a biennial fee of $200. The license entitles a lobbyist to act on behalf of any number of principals. With certain exceptions, a principal must file an authorization statement with the board for each lobbyist who is authorized to act on behalf of the principal, for which there is a biennial fee of $100. With certain exceptions, each principal who retains one or more lobbyists to act on its behalf must also file a registration statement with the board, for which there is a biennial fee of $300.
This bill increases the biennial fee for a license to act as a lobbyist to $250 if one principal is represented and $400 if more than one principal is represented. The bill also increases the biennial fee for filing an authorization statement to $125 and the biennial fee for registration of a principal to $375.
Grant application processing fees
This bill directs DOA to process applications of state agencies for federal grants. The bill also authorizes DOA to assess to an agency for which it processes an application a fee for the expenses that DOA incurs in providing this service. The bill appropriates to DOA all moneys received by DOA from collections of these fees for the purpose of financing the cost of processing the applications.
Transfer of consumer protection functions
This bill requires DOA, no later than April 1, 1995, to submit to JCF legislation transferring consumer protection functions from DOJ to DATCP.
Taxation
Income taxation
For taxable years beginning before January 1, 1994, the calculation of the Wisconsin earned income tax credit (EITC) was based on the federal basic EITC (based on the number of "qualifying children" that a claimant has).
Under current law, for taxable years beginning on or after January 1, 1994, the Wisconsin EITC is decoupled from the federal credit and is calculated as a percentage of the claimant's federal adjusted gross income and is also based on the number of qualifying children that the claimant has. The credit is refundable, such that the amount of the claim that exceeds the claimant's tax liability that was not used to offset taxes that are due is paid to the claimant by check.
This bill creates a new method of calculating the credit. Under the bill, for taxable years beginning on or after January 1, 1995, and within certain guidelines, the department of revenue (DOR) determines the amount of a credit that may be claimed, based on a percentage of the federal EITC for which the claimant is eligible. The total amount that may be paid for all eligible claims is $60,300,000 in 1996 and $65,800,000 in 1997.
Under current law, the top marginal rate of income taxation for single individuals, certain fiduciaries and heads of households is 6.93% of all taxable income exceeding $15,000. For married persons filing jointly, the top rate is 6.93% of all taxable income exceeding $20,000 and for married persons filing separately, the top rate is 6.93% of all taxable income exceeding $10,000.
For taxable years beginning on or after January 1, 1996, this bill changes the top marginal rate for all individuals, certain fiduciaries, heads of households and married persons to 6.87%, but the tax brackets remain unchanged.
Under current law, a school property tax credit may be claimed by certain individuals and is calculated as an amount of up to 10% of the first $2,000 of property taxes paid, or rent constituting property taxes that is paid. The credit is nonrefundable, meaning that the amount of the credit that may be claimed may equal, but may not exceed, the amount of income taxes for which the claimant would otherwise be liable.
Under this bill the credit that may be claimed, generally, is calculated as an amount of up to a percentage equal to the current top marginal individual income tax rate for individual filers multiplied by the first $2,000 of property taxes paid, or rent constituting property taxes that is paid.
Other taxation
This bill discontinues any property tax exemption that may be available to an organization that offers a health maintenance organization (HMO) plan or a limited service health organization (LSHO) plan (2 types of fixed payment health insurance plans). The bill also discontinues any income or franchise tax exemption that may be applied to income derived by an organization from a HMO or LSHO plan.
This bill discontinues the sales tax exemption for telephone companies' central office equipment.
Under current law, car line companies (companies that lease railroad cars to railroads) are taxed on the basis of their gross earnings. Under this bill, they are instead taxed on the basis of the value of their equipment. The bill also discontinues the tax on sleeping car companies (companies that lease only certain kinds of railroad cars to railroads).
Under current law, DOR may collect from persons who owe delinquent taxes, fees, interest or penalties a fee of $25 or 4.5% of the amount owed, whichever is greater, for each of the person's delinquent accounts. Under this bill, the fee is $35 or 6.5% of the amount owed, whichever is greater.
Under current law, all corporations and insurers that are required to file an income tax or franchise tax return are required to pay a temporary recycling surcharge. Under this bill, all corporations and insurers that are required to file an income tax or franchise tax return and that have at least $4,000 in total receipts from all activities for the taxable year are required to pay the temporary recycling surcharge.
Transportation
Under current law, the office of the commissioner of railroads (OCR) regulates railroad activities in Wisconsin. This bill eliminates OCR, effective July 1, 1996, and provides for the elimination or transfer of its functions as follows:
1. OCR is currently authorized to regulate railroads to prevent "unreasonable or unjustly discriminatory" rates and inadequate services within the state. The bill eliminates this authority.
2. Currently, before constructing any new track in the state, a railroad must have a certificate, which is issued by OCR only after a hearing and a finding of "public convenience and necessity". Under this bill, the certificate is issued by the department of transportation (DOT), the hearing is discretionary and the public convenience and necessity standard is abolished.
3. Under current law, OCR may order railroads to install protective devices at crossings or make other safety improvements and may determine the type of grade crossing used where a railroad intersects a street or another railroad. This bill transfers this authority to DOT and authorizes DOT to issue orders in these matters without a hearing, based on investigation and application of safety, programming and cost allocation criteria promulgated by rule. The bill provides for review of DOT orders in these matters by the division of hearings and appeals in the department of administration.
4. OCR is currently assigned various other functions relating to railroads. In most cases, those regulatory functions not eliminated in the bill are transferred to DOT and functions having the character of contested case resolution are transferred to the division. The bill requires the division to give due weight to the experience, technical competence and specialized knowledge of DOT in transportation hearings and reviews.
5. The bill transfers certain functions of OCR relating to railroad organization to the department of revenue (DOR).
Veterans and military Affairs
Current law allows the department of veterans affairs (DVA), subject to building commission approval, to construct and operate veterans cemeteries in northwestern and southeastern Wisconsin. This bill allows a veteran who died while on active duty, and his or her children and surviving spouse who has not remarried, who were residents of this state at the time of their deaths, to be buried in these cemeteries. The bill also allows a veteran who was discharged or released from active duty under conditions other than dishonorable, and the veteran's children and spouse who has not remarried, who were residents at the time of their deaths, to be buried at these cemeteries.
This bill increases from $4,500 to $5,000 the maximum economic assistance loan that DVA may grant to a veteran for the purchase of a business, the construction of a garage, the education of the veteran or his or her children or to provide essential economic assistance.
Under current law, a veteran is eligible for reimbursement for some of the costs related to correspondence courses and part-time study taken within the state from educational institutions that meet certain federal requirements. Under limited circumstances, a veteran may receive reimbursement for a course taken outside the state from an educational institution that is accredited by the North Central Association of Colleges and Schools or an equivalent accrediting association. Under this bill, the same criteria apply for out-of-state schools and in-state schools (educational institutions that meet certain federal requirements).
Under current law, a county with a full-time county veterans' service officer is eligible for a state grant of up to $5,000. If the county has a part-time county veterans' service officer the maximum grant is $500. This bill provides grants to counties for full-time county veterans' service officers composed of production incentive awards and basic awards. The bill requires DVA to promulgate rules regarding the production incentive awards. The basic awards must be based on the population of the county, with the smallest counties receiving a grant of $8,500 and the largest counties eligible for a grant of $13,000. The grants for part-time county veterans' service officers are unchanged.
Under current law, a veteran is eligible to receive up to $3,000 for retraining to obtain gainful employment. A veteran is eligible if he or she is enrolled in an institution of higher education or enrolled in an on-the-job training program, meets financial assistance criteria, is unemployed or has received a notice of loss of employment and DVA has determined that the veteran's retraining program could result in gainful employment. This bill adds veterans who are underemployed to those veterans who are eligible to apply for a retraining grant.
This bill raises the general obligation bonding authority for the veterans mortgage loan program by $170,000,000.
This bill increases the minimum amount that state veterans organizations receive for providing claims services for veterans from $2,500 to $5,000 and the maximum amount from $15,000 to $20,000. The bill also permits DVA to make additional payments to these organizations based on the percentage of initial claims filed with the U.S. department of veterans affairs.
Currently, a national guard member may submit an application for a tuition grant no later than 6 months after completion of a course. Under this bill, a national guard member must submit an application for a grant within 90 days after completion of the course. The bill also reduces the tuition grant from 50% of the actual tuition to 40% of the actual tuition. In addition, the bill requires DVA to sell the national guard armory located in Whitefish Bay in Milwaukee County and use the proceeds from the sale to provide tuition grants to national guard members equal to 10% of the actual tuition paid by the members.
Currently, the national guard receives money from the transportation fund to provide, at the direction of the governor, emergency medical services and helicopter transportation for persons involved in accidents. This bill eliminates that program.
This bill will be referred to the joint survey committee on tax exemptions for a detailed analysis, which will be printed as an appendix to this bill.
This bill will be referred to the joint survey committee on retirement systems for a detailed analysis, 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:
