Wisconsin Legislature: EDUCATIONAL BROADCASTING CORPORATION

Funding Positions
GPR $196,400 - 2.00
PR 521,800 - 13.00
Total $718,200 - 15.00

Governor: Provide $98,200 GPR and -2.0 GPR positions annually and $309,100 PR and -12.0 PR positions in 1999-00 and $212,700 PR and -13.0 PR positions in 2000-01 for the following: (a) remove non-continuing elements (-$100,900 GPR and -2.0 GPR positions annually and -12.0 PR positions in 1999-00 and -$96,400 PR and -13.0 PR positions in 2000-01); (b) full funding of continuing salaries and fringe benefits ($75,500 GPR annually and $308,800 PR annually); (c) full funding of financial services charges ($2,300 GPR annually and $300 PR annually); (d) night and weekend differential ($56,500 GPR annually); and (e) fifth week vacation as cash ($64,600 GPR annually). The 15.0 positions removed as non-continuing elements include: (a) 2.0 GPR assistant district attorney (ADA) positions for sexually violent person commitments that terminate on June 30, 1999; (b) 2.0 PR Milwaukee County child welfare ADA positions funded by the Department of Health and Family Services (DHFS) that end on June 30, 1999; (c) 7.0 PR positions funded by the federal Violence Against Women Act (2.0 positions in Dane County, 4.0 positions in Milwaukee County and 1.0 position in Kenosha County), all of which end by June 30, 1999; (d) 2.0 PR ADA anti-drug positions funded through the Office of Justice Assistance that terminate in January, 2000; (e) 1.0 PR statutory rape ADA position funded by DHFS that terminates on June 30, 2000; and (f) 1.0 PR technical deletion.

2. PROSECUTORS FOR SEXUALLY VIOLENT PERSON COMMITMENT CASES

Funding Positions
GPR $305,000 2.00

Governor: Provide $152,500 and 2.0 positions annually to make permanent two assistant district attorney project positions, one in Brown County and the other in Milwaukee County, which prosecute cases under the sexually violent person commitment law (Chapter 980). These positions, created in 1997 Act 27, terminate on June 30, 1999. (Funding and position authority for the project positions are deleted as noncontinuing elements under the standard budget adjustments.) Under the bill, the positions would statutorily be required to prosecute sexually violent person commitment proceedings exclusively. These positions would be authorized, by statute, to file and prosecute these cases in any county throughout the state. The bill also requires district attorneys to maintain records of the time spent on Chapter 980 prosecutions, and to submit an annual report to the Department of Administration summarizing those records. DOA would be required to maintain this information. The recordkeeping and reporting requirements would sunset on July 1, 2001.

[Bill Sections: 3208 thru 3211 and 9101(4)]

3. CHILD WELFARE POSITIONS

Funding Positions
PR $357,800 2.00

Governor: Provide $178,900 and 2.0 positions annually to make permanent two assistant district attorney project positions in Milwaukee County which prosecute Termination of Parental Rights (TPR) cases and assist child welfare efforts to permanently place children in new homes. The project positions were created three years ago and will terminate on June 30, 1999. (Position authority for the project positions is deleted as a noncontinuing element under the standard budget adjustments. Funding for the positions is not a part of the agency's base and therefore is not deleted as part of the standard budget adjustments.) The Department of Health and Family Services, which funds the positions, expects funding to continue through the next biennium.

4. ANTI-DRUG PROSECUTOR IN OUTAGAMIE COUNTY

Funding Positions
PR $162,000 1.00

Governor: Provide $81,000 and 1.0 position annually to make permanent the drug prosecutor position serving the Multijurisdictional Enforcement Group (MEG unit) of Calumet, Fond du Lac, Outagamie, and Winnebago counties. While serving all four counties, the position is assigned to Outagamie County. (Position authority for the project position is deleted as a noncontinuing element under the standard budget adjustments. Funding for the position is not part of the agency's base and therefore, is not deleted as part of the standard budget adjustments.) MEG units are funded with federal Byrne anti-drug money and state matching penalty assessment funds, administered by the Office of Justice Assistance, to develop effective anti-drug law enforcement strategies based on cooperative agreements between law enforcement jurisdictions. While the Governor's recommendation would provide a permanent position and expenditure authority, the decision to use MEG funds for this position remains with the MEG.

5. MILWAUKEE COUNTY DRUG AND VIOLENT CRIME CLERKS

PR $15,100

Governor: Provide $5,000 in 1999-00 and $10,100 in 2000-01 for increased reimbursement to the Milwaukee County District Attorney's office for the salary and fringe benefit costs of the 4.5 clerks who provide clerical services to prosecutors handling cases in the speedy drug courts and speedy violent crime court. In addition, increase the statutory limits on the amounts reimbursed to Milwaukee County for the cost of these clerks from $164,600 in 1998-99 to $169,600 in 1999-00 and $174,700 in 2000-01. Funding for the clerks comes from a $2 special prosecution fee assessed on forfeiture judgments and various other civil court actions in Milwaukee County.

[Bill Sections: 3212 and 3213]

6. CONTINUED FUNDING FOR ANTI-DRUG PROSECUTORS IN DANE AND MILWAUKEE COUNTIES

Governor: Direct the Office of Justice Assistance to provide $346,600 in 1999-00 and $359,100 in 2000-01 in federal Byrne anti-drug funding and state matching penalty assessment funds to the Multijurisdictional Enforcement Groups (MEG units) in Dane and Milwaukee counties in order to continue to fund four assistant district attorney (ADA) positions which prosecute drug-related crimes. The Dane County MEG would be provided $83,600 in 1999-00 and $87,800 in 2000-01 to fund one position, and the Milwaukee County MEG would be provided $263,000 in 1999-00 and $271,300 in 2000-01 to fund three positions. These four positions are funded through non-competitive grants awarded to Milwaukee and Dane counties by the Department of Administration's Office of Justice Assistance. Funding and position authority for these positions are in the agency's base budget.

[Bill Sections: 9101(2) and 9101(3)]

7. INFORMATION TECHNOLOGY

Governor: Provide funding under the Department of Administration's Bureau of Justice Information Systems (BJIS) for district attorney information technology in all 71 district attorney offices. Since 1996-97, BJIS has provided DA offices with personal computers and related hardware, software applications and user training. Funding was also provided under 1997 Act 27 (the 1997-99 budget act) for: (a) DA access to the TIME system, WisLaw and Lexis; (b) installation of local area networks (LANs) in some counties; and (c) the initial development of a District Attorney case management system. The Governor's recommendation would: (a) complete county LANs for all remaining DA offices and provide connections between DA LANs; (b) complete the case management system development; and (c) provide funding for installation and equipment costs and ongoing support and maintenance. With base funding, $6,080,000 annually would be provided in 1999-01. [See "Administration -- Bureau of Justice Information Systems."]

EDUCATIONAL BROADCASTING CORPORATION

Budget Change Items

1. EDUCATIONAL BROADCASTING CORPORATION

GPR $100,000

Governor: Restructure public broadcasting in the State of Wisconsin as follows:

Creation of a Nonstock Educational Broadcasting Corporation

Provide that the Secretary of the Department of Administration (DOA), the President of the University of Wisconsin (UW) System and one individual chosen by the Governor would be required to draft and file articles of incorporation for a nonstock corporation with the Department of Financial Institutions under state law, and would be required to take all actions necessary to exempt the corporation from federal taxation as a nonprofit organization under section 501(c)(3) of the Internal Revenue Code.

State Aid for Initial Costs. Provide $50,000 annually for the initial administrative costs of the proposed Corporation in an annual, GPR appropriation created for this purpose. Provide that the proposed Educational Broadcasting Corporation may receive state aid for initial costs if all of the following conditions would be satisfied:

1. The articles of incorporation state that the purpose of the Corporation would be to provide educational broadcasting to this state and that, if the corporation would dissolve or discontinue educational broadcasting in this state, the corporation would be required in good faith to take all reasonable measures to transfer or assign the corporation's assets, licenses and rights to an entity whose purpose is to advance educational broadcasting in this state.

2. The articles of incorporation would name as initial directors of the Corporation: (a) the Secretary of DOA; (b) two members of the Assembly and two Senators chosen as are the members of standing committees in their respective houses: (c) a member of the Board of Regents of the University of Wisconsin System; and (d) three individuals selected by the Governor.

3. No earlier than 30 days nor later than 45 days after the operational plan described below, the initial Board of Directors of the Corporation would submit an application to the Federal Communications Commission (FCC) to transfer all broadcasting licenses held by the Educational Communications Board (ECB) and the Board of Regents of the University of Wisconsin to the Corporation.

Provide that if the Secretary of DOA determines that the FCC has approved the transfer of all broadcasting licenses held by the ECB and the UW Board of Regents to the Corporation, the Secretary would be required to immediately notify the Revisor of Statutes in writing of the effective date of the last license transferred.

State Aid for Operational Costs. Create an annual, GPR appropriation for the operational costs of the Corporation. No funding would be provided for this purpose in 1999-01. Provide that the proposed Corporation may receive state aid for operational costs if all of the following conditions would be satisfied:

1. The FCC would approve the application for the transfer of all broadcasting licenses, as determined by the Secretary of DOA;

2. The Board of Directors of the Corporation would offer employment beginning on the effect date of the last broadcasting licensed transferred, as determined by the Secretary of DOA, to those individuals designated in the operational plan described below;

3. The Board of Directors of the Corporation would honor affiliation agreements for broadcasting purposes entered into by the ECB and the UW Board of Regents;

4. The Board of Directors of the Corporation would negotiate with the UW Board of Regents and the Secretary of DOA for the use of state-owned equipment and space necessary for the operations of educational radio and television networks;

5. The Secretary of DOA would approve any amendment to the Corporation's articles of incorporation or bylaws;

6. The Corporation would permit public inspection and copying of any record of the Corporation to the same extent as required of, and subject to the same terms and enforcement provisions that apply to an authority, as defined under state law;

7. The Corporation would provide public access to its meetings to the same extent as is required of, and subject to the same terms and enforcement provisions that apply to a governmental body, as defined under state law; and

8. The Corporation would provide employes of the Legislative Audit Bureau with access to all of the Corporation's records.

The Secretary of DOA would be required to pay aid for operational costs in installments, as determined by the Secretary of DOA.

Operational Plan. Provide that the Secretary of DOA, the President of the UW System and one individual chosen by the Governor would be required to prepare an operational plan for the proposed Corporation, which would be required to include all of the following:

1. A list of those individuals employed by the UW Board of Regents and the ECB who would be best-suited to provide educational broadcasting services for the Corporation;

2. The number of authorized FTE positions for the UW Board of Regents that would be eliminated if all broadcasting licenses held by the ECB and the UW Board of Regents would be transferred to the Corporation;

3. An estimate of the funding necessary to cover the annual operating expenses of the Corporation;

4. An estimate of the amount of money necessary to fund the appropriations that would be created for educational programming under DPI and the UW; and

5. A recommendation about whether DOA should undertake the construction and operation of National Weather Service transmitters.

Require the Secretary of DOA to submit the operational plan to the Co-Chairpersons of the Joint Committee on Finance (JFC). If the Co-Chairpersons would not notify the Secretary of DOA within 14 working days after the date of the submittal of the operational plan that the Finance Committee has scheduled a meeting to review the operational plan, the operational plan could be implemented as proposed by the Secretary of DOA. If, within 14 working days after the date of the submittal of the operational plan, the Co-Chairpersons would notify the Secretary of DOA that the Finance Committee has scheduled a meeting to review the operational plan, the operational plan could be implemented only upon approval of JFC.

Required Audit. Provide that the Legislative Audit Bureau would be required to audit the records of the Corporation at least once every five years.

Elimination of the Educational Communications Board

Provide that if the Secretary of DOA would determine that the FCC has approved the transfer of all broadcasting licenses held by the ECB and the UW Board of Regents to the proposed Corporation, on and after the effective date of the last license transferred, the ECB would be eliminated as follows:

1. The current law board composition, duties, powers, appropriations and bonding authorization of the ECB would not apply, including authority regarding the executive director position and unclassified professional staff positions;

2. The nonstock corporation, which under current law is for the exclusive purpose of raising funds for the ECB to support the activities of the Board, would be eliminated;

3. The unencumbered balances of certain ECB appropriations would be transferred to the appropriation that would be created for the proposed Corporation's operational costs. Under the bill, the total amount provided for the 11 designated appropriations is $6,197,100 GPR, $6,853,400 PR and $471,800 FED in 1999-00 and $6,198,400 GPR, $6,855,800 PR and $471,800 FED in 2000-01.

4. The remaining authority to contract public debt in an amount not to exceed $8,354,100 for educational communications facilities would be transferred to DOA.

Delete $25,000 annually in 1999-01 from the ECB's general program operations; according to the executive budget documents, this funding would be eliminated for the purpose of providing funding for the initial costs of the Corporation. The fiscal effect of this deletion is shown under ECB.

Under current law, the major ECB duties include duties to: (a) plan, construct and develop a state system of radio broadcasting for the presentation of educational, informational and public service programs; (b) protect the public interest in educational television by preserving educational television channels for Wisconsin and maintaining a comprehensive plan for the operation of a statewide television system for the presentation of noncommercial instructional programs which will serve the best interests of the people of the state; (c) work with educational agencies and institutions of the state as reviewer, adviser and coordinator of joint efforts to meet the educational needs of the state through radio, television and other appropriate technologies; (d) coordinate the radio activities of the various educational and informational agencies, civic groups, and citizens having contributions to make to the public interest and welfare; (e) procure or publish instructional material related to educational broadcasting; (f) give priority to and develop instructional television programs that are specific to the state for use in schools; and (g) enter into affiliation agreements with the UW Board of Regents and other broadcast radio and television licensees for the purpose of furthering certain duties of ECB.

Elimination of the Public Broadcasting Duties of the UW Board of Regents

Provide that if the Secretary of DOA would determine that the FCC has approved the transfer of all broadcasting licenses held by the ECB and the UW Board of Regents to the proposed Corporation:

1. The current law duties of the UW Board of Regents related to public broadcasting would not apply on and after the effective date of the last license transferred;

2. All unencumbered balances appropriated to the UW Board of Regents for public broadcasting, as determined by the Secretary of DOA, would be transferred to the Corporation; and

3. The authorized full-time equivalent (FTE) positions for the UW System would be decreased by the number determined in the operational plan for the Corporation.

Create a new, annual GPR appropriation under the UW System for contracting with the Corporation for educational programming. No funds would be provided in 1999-01. Delete $25,000 GPR annually from the UW System; according to the Executive Budget documents, this funding would be deleted from UW-Extension for the purpose of providing funding for the initial costs of the Corporation.

Under current law, the Board of Regents, as licensee, is required to manage, operate and maintain broadcasting station WHA and WHA-TV and enter into an affiliation agreement with the ECB. The agreement is required to provide that the Board of Regents will grant the ECB the part-time use of equipment and space necessary for the operations of the state educational radio and television networks, except that the Board of Regents may rent space on the Madison public broadcast transmission tower to the ECB and to other public and commercial broadcasters. In addition, the Board of Regents is required to follow certain accounting and funding procedures related to public broadcasting.

Duties of the Department of Administration

Emergency Weather Warning System Operation.

1. DOA would be required to operate an emergency weather warning system, which under current law is operated by the ECB;

2. An annual, program revenue appropriation would be created under DOA for the operation of the emergency weather warning system. The amounts in the schedule would be provided from funds received for the provision of state telecommunications and data processing services and sale of telecommunications and data processing inventory items primarily to state agencies. A technical correction would be necessary to achieve the intent of the bill. No funding would be provided in 1999-01; and

3. The unencumbered balance of the ECB program revenue appropriation for the operation of the emergency weather warning system would be transferred to the appropriation that would be created under DOA for the operation of this system. Under the bill, the total amount provided for this appropriation would be $71,800 PR annually.

Debt Service and Lease Appropriations and Bonding Authorization.