Also, under current law, the board must appoint an investment director to act
as the assistant director. The assistant director acts in place of the executive director
in his or her absence or disability. This bill allows the board to appoint any of the
senior officers mentioned, as well as any investment director, to the position.
Under current law, the investment board may employ special legal or
investment counsel in any matter arising outside of the scope of its investment
authority. In addition, the board may employ professionals, contractors or other
agents necessary to evaluate or operate any property if a fund managed by the board
has an interest in, or is considering purchasing or lending money based upon the
value of, that property. Expenses incurred by these special legal counsel, special
investment counsel, professionals, contractors or other agents may be charged to the
funds for which their services were provided.
This bill requires the board to submit quarterly reports to DOA detailing all
costs and expenses charged to funds under these provisions. In addition, the bill
prohibits the board from charging a fund for these expenses if the expenses are for
data processing services, information technology and telecommunications services,
accounting services other than actuarial services, or general management services.
Under current law, the division of trust lands and investments is under the
direction and supervision of the board of commissioners of public lands and is
attached for administrative purposes to the office of the state treasurer. This bill
attaches the board to DOA for administrative purposes.
Under current law, the board of commissioners of public lands may exchange
part or all of any parcel of public lands for any other land of approximately equal
value if the board determines that the exchange will contribute to the consolidation
or completion of a block of land, enhance conservation of lands or otherwise be in the
public interest. This bill provides that an exchange is of "approximately equal value"
if the difference in value between the more highly valued land and the less highly
valued land does not exceed 10% of the value of the more highly valued land.
Current law allows the division of trust lands and investments to deduct from
the gross receipts of the state trust funds the necessary expenses incurred in caring
for public lands under the board's supervision. This bill specifically provides that
these expenses may include expenses for reforestation, erosion and insect control,
submerged log monitoring, surveys, appraisals and other land management
practices that serve to protect or enhance the interests of the beneficiaries of the trust
funds.
Under current law, the state reserves to itself title to and ownership of all logs
resting on submerged lands owned by the state. The board of commissioners of public
lands issues permits to persons wishing to raise and remove sunken logs resting on
submerged state lands. The state receives 30% of the appraised market value of the
logs raised under such permits, except that an applicant for a permit may propose
projects for the use of logs raised and for the use of proceeds from logs raised and sold
as an offset to the state's share of the value of the raised logs. The projects must have
demonstrated potential to do 2 or more of the following: 1) increase tourism revenues
in this state; 2) increase employment in this state; or 3) contribute to increased
economic development and activity in this state. The board may, in its judgment,
authorize offsets of up to 100% of value that would otherwise be received by the state.
This bill repeals the offset program and changes the percentage of value
retained by the state so that the state receives 20% of the appraised market value
of all logs raised from submerged lands owned by the state.
Currently, the information technology investment fund consists primarily of fee
revenues received from prospective state vendors for information concerning future
state procurements. This bill supplements the information technology investment
fund by transferring from the general fund to that fund $2,000,000 on the day the
bill becomes law and an additional $2,000,000 on July 1, 1998. (See also Other state
government.)
Other state government
Land use planning
Currently, the land information board is attached to DOA. The board consists
of the secretaries of 4 state agencies or their designees, the state cartographer and
8 other persons appointed by the governor, 4 of whom are representatives of county
or municipal governments in this state and 4 of whom are representatives of public
utilities or private businesses in this state. The board serves as a state clearinghouse
for access to land information and provides technical assistance to state agencies and
local governmental units with land information responsibilities, reviews and
approves county plans for land records modernization and provides aids to counties,
derived from recording fee revenues collected by counties, for land records upgrading
and modernization projects.
This bill abolishes the land information board and transfers its functions,
together with its assets, liabilities and employes, to DOA. The bill revises the
existing functions of the board so that DOA facilitates the provision of technical
assistance, together with unspecified others, to state agencies and local
governmental units, and facilitates the review, together with unspecified others, of
county plans and applications by counties for land records modernization project
grants. The bill also directs DOA to develop and maintain geographic information
systems relating to land in this state for the use of governmental and
nongovernmental entities, and appropriates money from the recycling fund for this
purpose.
This bill creates a Wisconsin land council in DOA. The purposes of the council
include the following: 1) to identify and recommend to the governor land use goals
and priorities; 2) to study the development of a computer-based land information
system and make recommendations to the governor in this area; and 3) to identify
procedures for facilitating local land use planning efforts and recommend to the
governor legislation to implement the procedures. The council is required to submit
to both houses of the legislature, and the governor, a report that evaluates its
functions and activities. The report must be submitted not later than September 1,
2002.
Under the bill, the council consists of the secretaries of various state agencies,
or their designees; the state cartographer; public members, including a
representative from the University of Wisconsin (UW) System; and members who
represent the interests of cities, towns and counties. These public members are
appointed by the governor and serve for 5-year terms. The bill eliminates the council
on September 1, 2003.
The bill also permits DOA to levy assessments against state agencies in any
amounts that DOA determines to be required to support DOA's land information
functions and the functions of the Wisconsin land council.
State procurement
Currently, with several exceptions, if the estimated cost of materials, supplies,
equipment or contractual services for any state agency in the executive branch of
state government exceeds $25,000, DOA, or the agency if DOA delegates purchasing
authority to the agency, must publicly solicit bids or competitive sealed proposals.
With certain exceptions, DOA and other state agencies to which DOA delegates
purchasing authority must make procurements from the person submitting the
lowest responsible bid or most advantageous competitive sealed proposal. With
certain exceptions, DOA and agencies to which DOA delegates purchasing authority
must purchase certain materials, supplies, equipment and contractual services from
state institutions or work centers for severely handicapped individuals. These
requirements do not apply to any purchases made by the division of information
technology services of DOA.
This bill provides that these requirements do not apply to: a) any purchases of
educational technology materials, supplies, equipment or contractual services made
by the division of information technology services of DOA for school districts,
cooperative educational service agencies, technical college districts and the board of
regents of the University of Wisconsin System; or to b) any purchases made by DOA
or any other state agency to which DOA delegates purchasing authority when the
agency purchases materials, supplies, equipment or contractual services for
information technology purposes. Under the bill, "information technology" means
the electronic processing, storage and transmission of information, including data
processing and telecommunications.
State information technology planning and grants
Currently, DOA may award grants from the information technology investment
fund to state agencies for information technology development projects. Before
awarding grants for any fiscal year, DOA must submit proposed criteria for awarding
the grants to the joint committee on information policy for the approval of the
committee. This bill provides instead that DOA may award grants for any fiscal year
in accordance with its proposed criteria if, within 14 working days after submittal
of the proposed criteria to the committee, the cochairpersons do not notify DOA that
the committee has scheduled a meeting for the purpose of reviewing the proposed
criteria. If DOA is so notified, it may not award grants until the proposed criteria
are approved by the committee.
Currently, DOA must promulgate rules concerning administration of grants for
information technology development projects, including grant criteria. This bill
repeals that directive. However, under general law, DOA is still required to
promulgate rules concerning statements of general policy and interpretations of
statutes that DOA specifically adopts to govern its enforcement or administration of
information technology development project grant requirements.
Currently, DOA awards grants to state agencies from the information
technology investment fund for information technology development projects once
each fiscal year. Grants for each fiscal year must be awarded by May 15 of the
preceding fiscal year. This bill permits DOA to award grants for projects to be
conducted during the 1997-98 fiscal year after the bill becomes law but no later than
a date specified by the secretary of administration. (See State finance.)
Currently, each state agency in the executive branch must adopt, revise
biennially and submit to DOA for its approval a strategic plan for the utilization of
information technology to carry out the functions of the agency. The plan must
identify all resources relating to information technology which the agency desires to
acquire, the priority for such acquisitions and the justification for such acquisitions.
This bill instead requires each plan to identify all proposed information
technology development projects that serve the business needs of the agency, the
priority for undertaking such projects and the justification for each project, including
the anticipated benefits of the project.
State penalty surcharges and assessments
Under current law, a person must provide biological specimens to be used for
deoxyribonucleic acid (DNA) analysis if the person has been convicted of, adjudicated
delinquent for or found not guilty by reason of mental disease or defect of certain
serious sexual offenses, if the person has been institutionalized under the civil
commitment law based on certain serious sexual offenses, if the person has been
found to be a sexually violent person, or if a court orders the person to provide
biological specimens. The crime laboratories of DOJ analyze the sample and
maintain a data bank based on the DNA analysis of the specimens.
Current law imposes various surcharges or assessments to be levied against
persons who violate certain laws; these surcharges and assessments must be paid in
addition to any fine or forfeiture (civil monetary penalty) imposed and in addition to
any other surcharge and assessment imposed. Current law also provides that any
person who is convicted of burglary or of certain sexual assaults and any person who
must provide biological specimens after being convicted of a crime must pay a DNA
analysis this surcharge of $250. Money collected from this surcharge is used to fund
the DNA analysis program conducted by the state crime laboratories; to maintain a
state data bank based on that DNA analysis; to help pay for the salary and fringe
benefits of one Milwaukee County assistant district attorney, who conducts
prosecutions using DNA analysis; and to provide statewide training regarding
prosecutions using DNA analysis.
This bill eliminates the requirement for a person convicted of burglary to pay
the $250 DNA analysis surcharge. The bill also creates a crime laboratories
assessment of $4 that must be imposed on any person found to have violated any
state law or local ordinance, except a law or ordinance relating to restrictions on
smoking inside buildings, to nonmoving traffic regulations or to safety belt use
requirements. The money collected from the crime laboratories assessment must be
used, along with money collected from the DNA analysis surcharge under current
law, for the following purposes: 1) to fund activities of the state crime laboratories
that relate to drug law enforcement assistance and drug investigations and analysis;
and 2) to fund the DNA analysis program conducted by the crime laboratories, to
maintain the data bank based on that DNA analysis and to conduct other activities
related to the use of DNA in criminal prosecutions. The bill also eliminates the use
of money collected from the DNA analysis surcharge to help pay for a Milwaukee
County assistant district attorney and to provide statewide training regarding
prosecutions using DNA analysis.
Conduct of state administrative hearings
Under current law, the division of hearings and appeals in DOA must assign
a hearing examiner to preside over certain contested case hearings of the
departments of health and family services, industry, labor and job development,
transportation and natural resources, as well as certain other specific types of
contested case hearings. This bill authorizes the division of hearings and appeals to
contract with any state agency to provide contested case hearing services to that
agency unless the agency is prohibited, under current law, from contracting for
contested case hearing services. The bill requires DOA to charge the other state
agency for the total costs of providing the hearing services.
Composition of the public records board
Currently, the public records board consists of 8 members. Five members are
state officers or designees of those officers and 3 members are appointed by the
governor for indefinite terms. Of the gubernatorial appointees, one is a
representative of a local government and one is a representative of a small business.
This bill increases the membership of the board to 10 members. The bill adds
the secretary of administration and director of state courts or their designees as
members, and also provides that, of the 3 gubernatorial appointees, one must be a
representative of a local government and the other 2 members must have experience
in records management or information technology. Under the bill, one of these 2
representatives must be an officer or employe of a state agency and one must be an
officer or employe of a private business located in this state.
Payment of small claims against the state
Currently, the claims board receives, investigates and makes recommendations
to the legislature concerning claims of $10 or more against the state that are not
otherwise authorized to be paid. The board may pay certain claims without
legislative approval. Other claims may be referred by the board to the legislature.
Any claim of less than $10 may be paid by DOA without referral to the claims board.
If the legislature does not allow a claim, a claimant may file suit on the claim if suit
is authorized to be brought.
This bill specifically permits any person who has a claim against the state to
file the claim with DOA. The bill permits DOA to pay any claim of less than $100
without referral to the claims board. Under the bill, the claims board is not required
to consider any claim of less than $100. In accordance with current law, if a claim
is not referred to the claims board, the legislature may still consider the claim and
if the legislature does not allow the claim, the claimant may file suit on the claim if
suit is authorized to be brought.
Executive assistants at public service commission
Under current law, the chairperson of the public service commission (PSC) may
appoint an executive assistant. This bill allows each commissioner of the PSC, in
addition to the chairperson, to appoint an executive assistant.
Content of certain annual reports
Under current law, DOA must submit a report to the appropriate legislative
standing committees, no later than January 1 and July 1 of each year, concerning the
distribution and usage of gasohol and alternative fuels in this state. This bill
requires that the report be submitted only once per year, no later than April 30.
Current law also requires DOA to submit an annual report to the recycling
market development board regarding DOA's resource recovery and recycling
activities during the preceding year. The report is required to include information
concerning the level of compliance by DOA and certain other agencies and
authorities with certain specified recycling law requirements, including
requirements relating to: 1) the use of recovered and recycled materials in state
construction projects; 2) the purchase of products made from recycled materials and
recovered materials; 3) the purchase of products that are reusable or recyclable; and
4) the separation of specified materials from solid waste for recycling. This bill
repeals the requirement that the annual report include information concerning the
level of compliance by DOA and other state agencies and authorities with
requirements relating to the separation of specified materials from solid waste for
recycling.
Public records and forms
Currently, the head of each state agency is required to file an annual report with
the public records board containing such information concerning records and forms
management as may be required by the board. This bill deletes this requirement.
Currently, the public records board is directed to create a registry in a format
that may be accessed by computer terminal, describing the records series maintained
by state agencies that may contain certain personally identifiable information. The
board may require state agencies to provide information required to create the
registry. This bill deletes the requirement to create this registry.
Currently, a state agency may not use or allow the use of personally identifiable
information under a matching program (a computerized comparison of information
in one records series to information in another records series) unless the agency first
creates a document that describes the purpose and authority for the program, the
justification for the program, the anticipated results and a description of the
information that will be matched, and sends a copy of the document to the public
records board within 30 days of its creation. No state agency may take adverse action
against an individual as a result of information obtained by a matching program
unless the agency finds that the information contained in a records series that is
matched under the program is "sufficiently reliable". This bill deletes all
requirements and restrictions pertaining to the creation and use of matching
programs by state agencies.
Campaign finance filing fees
This bill imposes a biennial filing fee of $100 upon individuals, committees,
groups and corporations registered with the state elections board that are subject to
a campaign finance reporting requirement, other than candidates and personal
campaign committees and individuals who, or committees, groups or corporations
which, do not make expenditures exceeding $2,500 within a 2-year period. Any
individual who, and any committee, group or corporation which, fails to pay the filing
fee within the time prescribed is subject to a forfeiture (civil penalty) of $500 plus
triple the amount of the delinquent payment.
Under the bill, revenues from fee collections are 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.
Settlement of claims and actions against the state
Currently, the attorney general may negotiate and settle actions brought
against a state department or against an officer, employe or agent of this state acting
within his or her duties. This authority also applies to actions brought against
certain other entities, including the Wisconsin state public building corporation, the
patients compensation fund peer review council, and the health care liability board
of governors. The attorney general may negotiate and settle these claims even before
an action is commenced on a claim. This bill requires the approval of DOA before the
attorney general may settle these actions or claims.
Literacy improvement grants
This bill authorizes the governor to award grants to local governments or
nonprofit organizations in support of programs to improve literacy.
Gifts for endangered resources program
Currently, under the code of ethics for state public officials (which applies to all
elective and major appointive officials), no person may offer or give to a state public
official, and no state public official may solicit or accept from any person, anything
of value if it could reasonably be expected to influence the official's vote, official
actions or judgment, or could reasonably be considered as a reward for any official
action or inaction on the part of the official.
This bill provides that this prohibition does not apply to the offer or gift to a
state public official who administers the endangered resources program in the
department of natural resources, or to the solicitation or acceptance by such an
official, of anything of value for the benefit of that program.
Taxation
Income taxation
The department of commerce currently administers the development zone
program, the development opportunity zone program and the enterprise
development zone program. These are economic development programs that provide
tax benefits to businesses that operate in areas that fulfill certain requirements.
Generally, after the department designates an area as one of the 3 types of
development zones, a business that conducts or that intends to conduct economic
activity in the designated zone may be certified by the department as eligible for
certain income and franchise tax credits. This bill discontinues the following income
tax and franchise tax credits: 1) the development zones day care credit; 2) the
development zones environmental remediation credit; 3) the development zones
investment credit; 4) the development zones jobs credit; 5) the development zones
location credit; 6) the development zones research credit; and 7) the development
zones sales tax credit. The bill establishes a new development zones credit based
instead on the creation or retention of jobs and on expenses incurred to remediate
environmental problems.
Under current law, a person who files an incorrect income or franchise tax
return, or who fails to file a required income or franchise tax return, with intent to
defeat or evade the income or franchise tax assessment required by law, is liable for
a penalty equal to 100% of the tax on the entire underpayment.
Under this bill, a person who files a frivolous income tax return is liable for a
penalty of $500 in addition to any other penalty for which the taxpayer may be liable.
(This penalty is similar to a provision of the Internal Revenue Code that applies to
the federal income tax laws.) A frivolous tax return is defined as a return that does
not contain enough information to figure the correct tax owed by the taxpayer or that
contains information that indicates that the self-assessment is substantially
incorrect.
