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:
SECTION 1. 5.05 (1) (c) of the statutes is amended to read:
5.05 (1) (c) Bring civil actions to require forfeitures for any violation of ch. 11 or s. 12.05 under s. 11.60 (4). Forfeiture actions brought by the board may concern only violations with respect to reports or statements required by law to be filed with it, and other violations arising under elections for state office or statewide referenda. The board may compromise and settle any civil action or potential action brought or authorized to be brought by it under ch. 11 s. 11.60 (4) which, in the opinion of the board, constitutes a minor violation, a violation caused by excusable neglect, or which for other good cause shown, should not in the public interest be prosecuted under such chapter. Notwithstanding s. 778.06, an action or proposed action authorized under this paragraph may be settled for such sum as may be agreed between the parties. Any settlement made by the board shall be in such amount as to deprive the alleged violator of any benefit of his or her wrongdoing and may contain a penal component to serve as a deterrent to future violations. In settling actions or proposed actions, the board shall treat comparable situations in a comparable manner and shall assure that any settlement bears a reasonable relationship to the severity of the offense or alleged offense. Forfeiture actions brought by the board shall be brought in the circuit court for the county wherein the violation is alleged to occur.
SECTION 2. 5.05 (3) (d) of the statutes is created to read:
5.05 (3) (d) If the board receives a verified complaint under par. (a) alleging a violation of s. 12.05, the board shall investigate the complaint and make a public statement concerning the truthfulness of any false representation alleged in the complaint within 15 days of receipt of the complaint by the board, unless the board dismisses the complaint under par. (c).
SECTION 3. 7.33 (1) (a) of the statutes is amended to read:
7.33 (1) (a) "Employe" has the meaning given under s. 101.01 (2) (a) (3).
SECTION 4. 7.33 (1) (b) of the statutes is amended to read:
7.33 (1) (b) "Employer" has the meaning given under s. 101.01 (2) (b) (4).
SECTION 5. 7.33 (1) (c) of the statutes is amended to read:
7.33 (1) (c) "State agency" has the meaning given under s. 20.001 (1) and includes an authority created under ch. 231, 232, 233 or 234.
SECTION 6. 11.055 of the statutes is created to read:
11.055 Filing fees. (1) Except as provided in sub. (3), each individual who, or committee or group that, is required to register with the board under s. 11.05 shall annually pay a filing fee of $100 to the board.
(2) An individual who, or committee or group that, is subject to sub. (1) shall pay the fee specified in sub. (1) together with the continuing report filed under s. 11.20 (4) in January of each year. If an individual, committee or group registers under s. 11.05 or changes status so that sub. (1) becomes applicable to the individual, committee or group during a calendar year, the individual, committee or group shall pay the fee for that year with the filing of the individual's, committee's or group's registration statement under s. 11.05 (1) or (2) or at any time before the change in status becomes effective.
(3) Subsection (1) does not apply to any registrant under s. 11.05 for any calendar year during which the registrant does not make disbursements exceeding a total of $1,000.
SECTION 7. 11.20 (4) of the statutes is amended to read:
11.20 (4) Continuing reports under s. 11.06 (1) by committees or individuals supporting or opposing candidates for office, including committees of a political party, and by individuals or groups supporting or opposing a referendum shall be received by the appropriate filing officer no earlier than January 1 and no later than January 31; and no earlier than July 1 and no later than July 20. Individuals, committees and groups to which s. 11.055 (1) applies shall pay the fee imposed under that subsection with their continuing reports filed in January.
SECTION 8. 11.36 (1) of the statutes is amended to read:
11.36 (1) No person may solicit or receive from any state officer or employe or from any officer or employe of the University of Wisconsin Hospitals and Clinics Authority any contribution or service for any political purpose while the officer or employe is on state time or is engaged in his or her official duties, except that an elected state official may solicit and receive services not constituting a contribution from a state officer or employe or an officer or employe of the University of Wisconsin Hospitals and Clinics Authority with respect to a referendum only. Agreement to perform services authorized under this subsection may not be a condition of employment for any state such officer or employe.
SECTION 9. 11.36 (3) and (4) of the statutes are amended to read:
11.36 (3) Every person who has charge or control in a building, office or room occupied for any purpose by this state or, by any political subdivision thereof or by the University of Wisconsin Hospitals and Clinics Authority shall prohibit the entry of any person into that building, office or room for the purpose of making or receiving a contribution.
(4) No person may enter or remain in any building, office or room occupied for any purpose by the state or, by any political subdivision thereof or by the University of Wisconsin Hospitals and Clinics Authority or send or direct a letter or other notice thereto for the purpose of requesting or collecting a contribution.
SECTION 10. 12.60 (title) of the statutes is amended to read:
12.60 (title) Penalties; enforcement.
SECTION 11. 12.60 (1) (b) of the statutes is amended to read:
12.60 (1) (b) Whoever violates s. 12.03, 12.05, 12.07, 12.08 or 12.13 (3) (b), (c), (d), (g), (i) or (n) to (x) may be fined not more than $1,000, or imprisoned for not more than 6 months or both.
SECTION 12. 12.60 (1) (bm) of the statutes is created to read:
12.60 (1) (bm) Whoever intentionally violates s. 12.05 may be fined not more than $1,000 or imprisoned for not more than 6 months or both.
SECTION 13. 12.60 (1) (c) of the statutes is amended to read:
