University of Wisconsin $1,000,000 $1,000,000
Medical College of Wisconsin 500,000 500,000
Public Instruction 500,000 500,000
Health and Family Services 500,000 500,000
Office of the Commissioner of Insurance 200,000 0
Total $2,700,000 $2,500,000
While not identified in the executive budget documents, the Governor's budget message indicates that a substantial portion of the tobacco settlement money would be used for BadgerCare and Family Care. The bill provides $32,818,700 GPR for BadgerCare and $11,256,400 GPR (net) for Family Care.
[Bill Sections: 170, 250, 255, 2048 and 9154(2)]
2. DRAFTING INSTRUCTIONS RE: LEGISLATION FOR COMPLIANCE WITH RESTRICTIONS ON MINORS ACCESS TO TOBACCO PRODUCTS
Governor: Create session law language, to be retroactively effective on February 28, 1999, requiring the Department of Administration (DOA) to submit instructions to the Legislative Reference Bureau by March 1, 1999, to draft legislation authorizing the development of a statewide protocol for licensing authorities and law enforcement agencies in conducting compliance surveys to determine the prevalence of illegal retail sales of tobacco products to underage individuals. Require DOA to submit the proposed legislation to the Co-chairs of the Joint Committee on Finance no later than April 1, 1999.
Under federal law, states are required to take certain steps to reduce the sale of tobacco products to minors, including performing random, unannounced inspections of licensed tobacco vendors to determine the percentage of vendors who sell to minors, and to reduce the percentage of vendors who sell to minors to less than 20% by the year 2001. The U.S. Department of Health and Human Services is authorized to withhold 40% of a state's substance abuse prevention and treatment (SAPT) block grant if a state fails to comply with this requirement.
As administrator of the SAPT block grant, DHFS has responsibility for conducting a statewide retail tobacco "compliance check." This check was first completed in 1997 and resulted in a 22.6% inspection failure rate (the rate at which merchants sold to minors).
[Bill Sections: 9101(16) and 9401(6)]
3. DRAFTING INSTRUCTIONS RE: LEGISLATION FOR A CULTURAL ARTS AUTHORITY
Governor: Require the Legislative Reference Bureau (LRB) to prepare legislation authorizing the creation of cultural arts authorities in cities with a population of at least 150,000, based on instructions provided by the Department of Administration (DOA). Specify that DOA would have to submit final instructions to the LRB not later than March 1, 1999. Require that the Secretary of DOA submit the proposed legislation to the Co-chairs of the Joint Committee on Finance not later than April 1, 1999. Specify that this provision would take effect on February 28, 1999.
[Bill Sections: 9158(3) and 9458(1)]
4. COMPREHENSIVE PLANNING
Governor: Create a provision defining comprehensive plan as a county development plan, city, village or town master plan or regional planning commission master plan. Specify that a comprehensive plan must include the following elements: (a) issues and opportunities; (b) housing; (c) transportation; (d) utilities and community facilities; (e) agricultural, natural and cultural resources; (f) economic development; (g) intergovernmental cooperation; (h) land use; and (i) implementation. Define local governmental unit for the purpose of comprehensive plans as a city, village, town, county or regional planning commission.
a. Issues and Opportunities Element. Specify that this element includes background information on the local governmental unit and a statement of objectives, policies, goals and programs of the local governmental unit to guide the future growth and development of the local governmental unit over a 20-year planning period. Define background information to include population, household and employment forecasts that the local governmental unit uses in developing its plan, and demographic trends, age distribution, educational levels, income levels and employment characteristics that exist within the local governmental unit. Authorize the required statement to include similar elements related to federal and state programs and background information on nearby local governmental units that affect the local governmental unit preparing the plan.
b. Housing Element. Specify that this element includes a statement of objectives, policies, goals and programs of the local governmental unit to provide an adequate housing supply that meets existing and forecasted housing demand in the local governmental unit and in nearby local governmental units. Require the statement to contain a map and to assess the age, structural, value and occupancy characteristics of the local governmental unit's housing stock. Require the statement to identify specific policies and programs that promote the development of housing for residents of the local governmental unit with all income levels and with various needs. Require the statement to include policies and programs to maintain or rehabilitate the local governmental unit's existing housing stock.
c. Transportation Element. Specify that this element includes a map and a statement of objectives, policies, goals and programs to guide the future development of transportation infrastructure and various modes of transportation, including public transportation, transportation systems for persons with disabilities, bicycles, walking, railroads, air transportation, trucking and water transportation. Require the statement to compare the local governmental unit's objectives, policies, goals and programs to state and regional transportation plans. Require the statement to identify highways and streets within the local governmental unit by type and identify applicable transportation plans, including transportation corridor plans, county highway functional and jurisdictional studies, urban area and rural area transportation plans, airport master plans and rail plans, that apply in the local governmental unit.
d. Utilities and Community Facilities Element. Specify that this element includes a map and a statement of objectives, policies, goals and programs to guide the future development of utilities and community facilities in the local governmental unit. Enumerate sanitary sewer service, stormwater management, water supply, solid waste disposal, on-site wastewater treatment technologies, recycling facilities, parks, telecommunications facilities, power-generating plants and transmission lines, cemeteries, health care facilities, child care facilities and other public facilities, such as police, fire and rescue facilities, libraries, schools and other governmental facilities as types of utilities and community facilities to be included in this element. Require the statement to describe the use and capacity of existing public utilities and community facilities that serve the local governmental unit. Require the statement to include an approximate timetable that forecasts the need in the local governmental unit to expand or rehabilitate existing utilities and facilities or to create new utilities and facilities. Require the statement to assess future needs for government services in the local governmental unit that are related to such utilities and facilities.
e. Agricultural, Natural and Cultural Resources Element. Specify that this element includes a map and a statement of objectives, policies, goals and programs for conserving natural resources and promoting their effective management. Enumerate groundwater, forests, productive agricultural areas, environmentally sensitive areas, threatened and endangered species, stream corridors, surface water, floodplains, wetlands, wildlife habitat, metallic and nonmetallic mineral resources, parks, open spaces, historic and cultural resources, aesthetic resources, recreational resources and other natural resources as types of natural resources to be included.
f. Economic Development Element. Specify that this element includes a map and a statement of objectives, policies, goals and programs to promote the stabilization, retention or expansion of the economic base and quality employment opportunities in the local governmental unit. Require the statement to include an analysis of the labor force and economic base of the local governmental unit. Require the statement to assess categories or particular types of new businesses and industries that are desired by the local governmental unit. Require the statement to assess the local governmental unit's strengths and weaknesses with respect to attracting and retaining businesses and industries, and to designate an adequate number of sites for such businesses and industries. Require the statement to evaluate and promote the use of environmentally contaminated sites for commercial or industrial uses. Require the statement to identify county, regional and state economic development programs that apply to the local governmental unit.
g. Intergovernmental Cooperation Element. Specify that this element includes a map and a statement of objectives, policies, goals and programs for joint planning and decision making with other jurisdictions, including school districts and adjacent local governmental units, for siting and building public facilities and sharing public services. Require the statement to analyze the relationship of the local governmental unit to school districts and adjacent local governmental units, and to the region, the state and other governmental units. Require the statement to incorporate any plans or agreements to which the local governmental unit is a party under existing boundary change, intergovernmental cooperation or regional planning provisions. Require the statement to identify existing or potential conflicts between the local governmental unit and school districts and adjacent local governmental units and describe processes to resolve such conflicts.
h. Land-Use Element. Specify that this element includes a map and a statement of objectives, policies, goals and programs to guide the future development and redevelopment of public and private property. Require the statement to contain a listing of the amount, type, intensity and net density of existing uses of land in the local governmental unit, such as agricultural, residential, commercial, industrial and other public and private uses. Require the statement to analyze trends in the supply, demand and price of land, opportunities for redevelopment and existing and potential land-use conflicts. Require the statement to contain projections, based on the background information specified in the issues and opportunities element, for 20 years with detailed maps, in 5-year increments, of future residential, agricultural, commercial and industrial land uses including the assumptions of net densities or other spatial assumptions upon which the projections are based. Require the statement to include a series of maps showing current and future land uses. Require these maps to indicate productive agricultural soils, natural limitations for building site development, floodplains, wetlands and other environmentally sensitive lands, the boundaries of areas to which services of public utilities and community facilities, as identified in the utilities and community facilities element, will be provided in the future, consistent with that element's timetable, and the general location of future land uses by net density or other classifications.
i. Implementation Element. Specify that this element includes a statement of programs and specific actions to be completed in a stated sequence. Require the statement to include proposed changes to any applicable zoning ordinances, official maps, sign regulations, erosion and stormwater control ordinances, historic preservation ordinances, site plan regulations, design review ordinances, building codes, mechanical codes, housing codes, sanitary codes or subdivision ordinances, to implement the objectives, policies, plans and programs contained in the preceding elements. Require the statement to describe how each of the elements of the comprehensive plan will be integrated and made consistent with the other elements of the comprehensive plan. Require the statement to include a mechanism to measure the local governmental unit's progress toward achieving all aspects of the comprehensive plan. Require the statement to include a process for updating the comprehensive plan and specify that comprehensive plans developed under these provisions must be updated no less often than once every 10 years.
Replace the current lists of items that may be included in county development plans, master plans developed by city, village or town plan commissions and master plans prepared by regional planning commissions with requirements that such plans contain, at a minimum, the elements enumerated for inclusion in a comprehensive plan.
Modify current law regarding the adoption of master plans by city, village or town plan commissions and regional planning commissions by replacing provisions that allow the adoption of plans in whole or by functional subdivision with provisions that allow the adoption of plans in whole or part by element, as enumerated under the provision for comprehensive plans
Modify current law provisions regarding the general responsibilities of regional planning commissions to specify that plans, and resolutions related to those plans, that are for the physical, social and economic development of the region must be consistent with the elements required for inclusion in a comprehensive plan.
These provisions would become effective upon passage of the bill, but would only apply when existing plans are amended or new plans are created.
[Bill Sections: 1578, 1579, 1590, 1591, 1606 and 1644 thru 1646]
5. DANE COUNTY REGIONAL PLANNING COMMISSION
Governor: Specify that the commission members of the Dane County Regional Planning Commission who are in office on the 30th day after the bill's general effective date cannot remain in office beyond that date unless they are reappointed by the Governor. Provide that, beginning 31 days after the bill's general effective date, the Dane County Regional Planning Commission shall consist of 11 members appointed by the Governor. Specify that the Governor's appointments to the commission must be made either from lists of individuals submitted by local government officials and associations or from a list of five individuals with experience in land use planning, selected by the Governor. Establish the Commission's membership as follows, except that members can be appointed from the Governor's list of five individuals for any of these categories:
a. Two members appointed from a list of at least four individuals submitted by an association representing towns that was in existence on January 1, 1999, provided that one member must be a town resident in eastern Dane County and one member must be a town resident in western Dane County;
b. Two members appointed from a list of at least four individuals submitted jointly by an association representing villages and an association representing third and fourth class cities, both of which were in existence on January 1, 1999;
c. Two members appointed from a list of at least four individuals submitted by the mayor of the City of Madison; and
d. Five members from a list of at least eight Dane County board supervisors submitted by the Dane County executive, provided that at least two of these members must represent towns and no more than two of these members may represent districts that are wholly or partially in the City of Madison, and provided that at least two of these members must represent districts in eastern Dane County and at least two of these members must represent districts in western Dane County.
Require the Secretary of DOA to determine the border between the eastern and western halves of Dane County for the purposes of implementing this provision.
Provide that the Dane County Regional Planning Commission shall be dissolved on December 31, 2001. Require the Commission's unexpended funds be used to retire the Commission's outstanding debt, if any, and specify that any remaining funds be returned to the municipalities or county that supplied them. Provide that any remaining debt shall become an obligation of Dane County.
Require the Dane County Board and the board of any county that is adjacent to Dane County and that is not in a regional planning commission to vote by July 1, 2001, on whether to participate in a newly-organized regional planning commission. Require the new regional planning commission to be created on January 1, 2002, if two-thirds of the designated county boards vote to participate.
Specify that any regional planning commission created after December 31, 2001, that contains a second class city (this includes the City of Madison) must consist of:
a. One member appointed by the county board of each participating county;
b. Two members, appointed by the Governor, from each participating county; and
c. The Secretary of the Department of Commerce, or a designee, who shall serve as a nonvoting member.
Prohibit the creation of any regional planning commission that consists of a single county after December 31, 2001.
[Bill Sections: 1641 thru 1643 and 9158(1)]
6. INCORPORATIONS UNDER A COOPERATIVE PLAN FOR BOUNDARY CHANGES
Governor: Modify state law governing cooperative plans for municipal boundary changes to allow all, or part, of a town to become incorporated as a village or city under those procedures. Exclude such incorporations from the standards regarding area, population and density otherwise required by the courts when considering proposals to incorporate. Exclude such incorporations from the standards regarding characteristics of the territory proposed to be incorporated, including territory beyond the core area, otherwise required by DOA when considering proposals to incorporate. Require DOA to determine whether an incorporation under the proposed provisions is in the public interest. Allow DOA to consider current standards for reviewing incorporations in making this determination.
Require cooperative plans that include proposed incorporations to specify the date on which the incorporation shall take effect and the boundary for the territory to be incorporated if the incorporation does not include the entire town.
Specify that towns seeking to incorporate under the proposed procedures must satisfy the current law requirements regarding incorporation relative to petitions, public notices, hearings and judicial review before a joint public hearing can be held on the cooperative plan.
Require DOA to consider the effect an incorporation would have on any portion of the town not included in the territory to be incorporated and on the other parties to the plan in the Department's review of the plan. Specify that cooperative plans containing incorporations would not become effective until the incorporation has been approved through referendum, as required under current law. Require cooperative plans including incorporations to include a contingency plan, in the event the referendum is not approved, and specify that the contingent cooperative plan shall take effect if the plan is defeated in the referendum. These provisions would become effective upon passage of the bill.
[Bill Sections: 1593, 1594, 1596 and 1600 thru 1604]
7. MINIMUM AREA REQUIRED FOR CERTAIN INCORPORATIONS
Governor: Reduce the minimum area requirement to incorporate as a metropolitan village when the territory proposed for incorporation is within ten miles of a first class city or five miles of a second or third class city from four square miles to three square miles, effective upon passage of the bill. Current law requires circuit courts to apply the minimum area requirement before an incorporation petition can be referred to DOA. A metropolitan village is an existing or proposed village that is entirely or partially within a metropolitan community (the area with a density of 100 or more people per square mile that includes a city of 25,000 or more people or includes two incorporated municipalities within five miles of each other that have a combined population of 25,000 or more).
[Bill Section: 1595]
8. INTERPRETATION OF CONTRACTS AND OTHER LEGAL INSTRUMENTS --EUROPEAN CURRENCY
Governor: Provide that, unless otherwise required, if a subject or medium of payment of a contract or other legal instrument entered into or executed in Wisconsin is the European currency unit (ECU) or a currency that has been replaced by the euro, the euro would be a commercially reasonable substitute for the ECU or other currency. The valuation of the ECU or other currency would be determined in accordance with any applicable regulations adopted by the council of the European Union. European currency unit (ECU) would be defined as the currency basket that is the monetary unit of account of the European Economic Community. Euro would mean the currency of participating members of the European Union who have adopted a single currency in accordance with the provisions of the 1992 Treaty on European Union. No person could discharge or otherwise excuse performance under any contract or other legal instrument, nor unilaterally alter the terms of, or terminate, any contract or other legal instrument as a result of the requirement. These provisions would only apply to a contract or other legal instrument entered into or executed in Wisconsin or to a contract or other legal instrument that contained provisions requiring the contract or legal instrument to be interpreted according to Wisconsin law.
[Bill Section: 3114]
9. AUTHORITY TO WITHHOLD ACCESS TO HOME ADDRESSES AND TELEPHONE NUMBERS OF PUBLIC EMPLOYES
Governor: Authorize any state or local public body ("authority") subject to the open records law to withhold from inspection and copying any information on a record maintained by the body relating to the home address or home telephone number of its employes.
Under current law, a public body may not prohibit a person from inspecting, copying or receiving a copy of a public record, unless the record is specifically exempted or authorized to be withheld from access under state or federal law or the custodian of the record can demonstrate that the harm done by providing access would outweigh the strong public interest of providing the access. A recent Court of Appeals ruling [State ex rel. Journal/Sentinel, Inc. v. Arreola] has held that access to some personnel records of public employes, such as access to the home addresses of law enforcement officers, may be denied.
[Bill Section: 162]
10. LIMITATIONS ON GOVERNMENTAL LIABILITY FOR YEAR 2000 COMPUTER PROBLEMS
Governor: Create statutory language specifying that no person may bring a lawsuit against a state authority or local governmental unit, or an officer, employe or agent of a state or local governmental unit acting within the scope of his or her employment or agency, for the alleged failure of the authority, unit, officer, employe or agent to plan for, test, detect, disclose, prevent, report, reprogram, remediate or otherwise deal with the effects of the failure of a computer system to handle correctly and consistently any date, or the inability of a computer system to correctly interpret, produce, calculate, generate, utilize, manipulate, represent or account for any date, before, during or after the year 2000 or for any act or omission related to such an alleged failure for which there would otherwise be liability, if the authority, unit, officer, employe or agent made a good faith effort to address the alleged failure. Specify that any contract entered into on or after the effective date of the bill that contains a contrary provision is void. Further, specify that the state and local governments are not required to pay interest to vendors on late payments arising from a computational date error failure.
[Bill Sections: 77, 163, 164, 1618, 2342, 2930, 3065, 3113 and 9358(4)]
GOVERNOR
Budget Change Items
1. STANDARD BUDGET ADJUSTMENTS
GPR $44,000
PR - 131,800
Total - $87,800
