Of the increased expenditure authority for aircraft maintenance, $27,000 in 1999-00 and $660,000 in 2000-01 is one-time financing provided for maintenance on a Beechcraft King Air 200 aircraft subsequently identified by DOA for replacement. A request for funding of $3.7 million in 1998-99 to replace the plane was approved by the Joint Committee on Finance under the s. 16.515 process in February, 1999.
Joint Finance: Delete $27,000 in 1999-00 and $660,000 in 2000-01 for aircraft maintenance which is no longer needed because the Joint Committee on Finance previously provided funding to purchase a replacement aircraft for the current Beechcraft King Air 200.
Assembly/Legislature: Delete $513,900 in 1999-00 and $539,500 in 2000-01 for the replacement of fleet vehicles. The savings is associated with the purchase 300 four-cylinder sedans and station wagons instead of six-cylinder sedans and station wagons.
Also, include a session law provision to require the Secretary of DOA to lapse to the general fund a total of $230,000, not later than June 30, 2001, to reflect estimated savings generated from lower rates charged for lower cost vehicles purchased. The Secretary of DOA is directed to determine the savings from the fleet operations of DOA, DOT, DNR and UW-Madison and lapse the requisite amounts, equal to a total of $230,000, from each of these agencies' fleet operations appropriations.
Veto by Governor [E-2]: Delete session law provision requiring the Secretary of DOA to lapse to the general fund a total of $230,000 by June 30, 2001.
[Act 9 Vetoed Section: 9201(3m)]
11. STATE TRANSPORTATION SERVICES -- PURCHASE OF ADDITIONAL VEHICLES
Governor: Provide $1,367,700 in 1999-00 and $1,363,700 in 2000-01 for the purchase of 152 additional vehicles and to pay associated maintenance, fuel and insurance costs. The funds would be used as follows: (a) one-time funding of $1,255,200 in 1999-00 to purchase 80 additional vehicles and of $1,150,000 in 2000-01 to purchase 72 additional vehicles; (b) $112,500 in 1999-00 and $213,700 in 2000-01 for associated operating costs for these additional vehicles. The departments requesting additional vehicles include DOC (95 vehicles), DHFS (18 vehicles) and Commerce (16 vehicles). Funding would be provided from charges assessed against state agencies for use of state vehicles.
Assembly/Legislature: Delete $235,400 in 1999-00 and $225,900 in 2000-01 for the purchase of 34 additional vehicles that were to be assigned to the Departments of Commerce and Health and Family Services.
12. CONSOLIDATION OF STATE VEHICLE FLEET MANAGEMENT FUNCTIONS [LFB Paper 149]
Governor: Require the Department to submit to the Co-chairs of Joint Finance Committee (JFC), for approval by the Committee, two implementation plans for consolidating certain state vehicle fleet management activities. Provide that the first implementation plan would be due at the fourth quarterly meeting in CY 1999 of the Committee under section 13.10, and would be for the consolidation of DNR vehicle fleet activities with corresponding DOA activities. Provide that the second implementation plan would be due at the third quarterly s. 13.10 Committee meeting in CY 2000 and would be for the consolidation of the DOT and UW-Madison vehicle fleet management activities with corresponding DOA activities. Create session law language specifying that JFC may disapprove, approve with modification, or approve one or both plans and that if approved, DOA is authorized to implement the plans on the date specified in the plans.
Provide that the respective plans could include provisions for DNR, DOT and/or the UW-Madison relating to vehicle fleet management functions for any of the following on the effective date specified in the plan:
a. the transfer of all assets and liabilities from the respective agency to DOA;
b. the transfer of all tangible personal property, including records from the respective agency to DOA;
c. the transfer of all contracts of the agency from the respective agency to DOA with the provision that contracts that were in effect on the effective date of the bill would remain in effect until their specified expiration date or until they were rescinded or modified by DOA to the extent allowed in the contract;
d. the transfer of all rules promulgated and orders issued by agency that were in effect on the effective date of the plan to DOA with the provision that they would remain in effect until their specified expiration date or until they were amended or repealed by DOA;
e. the transfer of all pending matters and all materials submitted to the agency to DOA with the specification that all materials submitted to or actions taken by the respective agency concerning the pending matter would be considered as having been submitted to or been taken by DOA;
f. the transfer of any FTE positions of the agencies relating to its vehicle fleet management functions from the related agency to DOA, with an identification of the numbers, revenue sources and types of the positions to be transferred; and
g. the transfer to DOA of any incumbent employes holding those positions with the specification that any employes transferred would retain all employment rights and status they held prior to the transfer and that no transferred employe who had attained permanent status in the classified service would be required to serve a new probationary period.
Require that DNR, DOT and the UW Board of Regents to submit, as a part of their 2001-03 biennial budget request, information reflecting any savings incurred from any consolidation of vehicle fleet management functions approved under these provisions. Finally, direct that these agencies fully cooperate with DOA in implementing any plan approved by the Joint Committee of Finance.
Joint Finance: Delete provision. Instead, direct DOA to conduct a study of the possible consolidation of these separate fleets, or other changes in fleet operations. Require DOA to submit the results of the study, including estimates of possible savings from consolidation, and suggested language to the Joint Committee on Finance upon completion of the study. Also, include a session law requirement that the UW-Board of Regents direct the UW-Madison administration to cooperate with DOA on this study.
Assembly/Legislature: Delete the Joint Finance provision and restore the Governor's proposal.
Veto by Governor [E-1]: Delete the December, 1999, deadline for submission of DNR consolidation plan to the Joint Committee on Finance. The Governor's veto message indicates that the Secretary of DOA will present the DNR consolidation plan at the first regular meeting of the Committee in calendar year 2000 (March).
[Act 9 Section: 9158(1d)]
[Act 9 Vetoed Section: 9158(1d)]
13. RISK MANAGEMENT PROGRAM -- CLAIMS PAYMENTS REESTIMATE
PR - $350,000
Governor/Legislature: Adjust estimated risk management claims payments by -$425,000 in 1999-00 and $75,000 in 2000-01 to reflect the following program changes: (a) an increase of $200,000 in 1999-00 and $400,000 in 2000-01 to increase total estimated property claims payments to $2,800,000 in 1999-00 and $3,000,000 in 2000-01; (b) a increase of $900,000 in 1999-00 and $1,100,000 in 2000-01 to increase total estimated liability claims payments to $6,400,000 in 1999-00 and $6,600,000 in 2000-01; (c) an increase of $100,000 in 2000-01 to reflect total estimated workers compensation claim payments of $10,425,000 in 1999-00 and $10,525,000 in 2000-01; (d) a decrease of $1,525,000 annually to reduce total estimated claims payments associated with hazardous waste cleanups to $275,000 annually. Funding would be provided from charges assessed state agencies for the operation of the self-insured state risk management program.
14. RISK MANAGEMENT PROGRAM -- REALLOCATION OF EXPENDITURE AUTHORITY
Governor/Legislature: Transfer $175,000 in expenditure authority from the workers compensation claims appropriation account to the Risk Management Division's administrative appropriation. Previously accounted for as claims, these are costs assessed by DWD's Worker's Compensation Division to the state that are currently charged to the claims appropriation for DWD's provision of regulation, hearings and appeals of disputed claims and technical assistance for state employe worker's compensation cases. The Legislative Audit Bureau recommended treating these costs as administrative costs rather than claims costs. According to DOA, this will have no effect on premiums charged to state agencies, but may affect the relative portion paid by individual agencies.
15. REPORT ON MULTI-STATE ELECTRONIC PROCUREMENT
Joint Finance/Legislature: Require DOA to report to the Joint Committee on Finance by December 31, 1999, regarding the operation of multi-state electronic procurement systems. Provide that the report shall address the following issues: (a) the current status of multi-state electronic procurement systems available for potential use by the state; (b) the estimated costs and benefits of Wisconsin use of multi-state electronic procurement systems; and (c) funding and statutory changes that would be required for Wisconsin participation in such a system.
[Act 9 Section: 9101(18w)]
16. FEDERAL RESOURCE ACQUISITION SUPPORT GRANTS
GPR $100,000
Joint Finance/Legislature: Provide $100,000 in 1999-00 for DOA to provide a grant to an organization that contracts with the state to operate the federal resources acquisition program. In addition, funding of $100,000 GPR in 2000-01 is placed in the Joint Committee on Finance's supplementary GPR appropriation for release to the new grant appropriation under s. 13.10 upon submittal to the Committee of a long-term financial plan for the federal resource acquisition program.
The grant would be intended for the Wisconsin Technical College System Foundation, which is a non-profit organization that currently contracts with DOA to operate the program. The purpose of this program is to make federal surplus property available to eligible organizations in the state at low cost. Eligible recipients include any governmental agency as well as non-profit, tax-exempt health or educational institutions. The program was intended to be self-sufficient but has frequently been unable to generate sufficient revenues to meet the costs of operating the program.
[Act 9 Sections: 117m, 511h and 9101(18d)]
17. MILITARY MUSIC FOUNDATION GRANT
Assembly/Legislature: Provide one-time funding of $85,300 in 1999-00 to the Heritage Military Music Foundation for a building improvement grant for its building in Watertown. The improvements would be to install adequate security and fire protection equipment for the building. The Heritage Military Music Foundation would be authorized to request DOA's review of the building improvement estimate, and upon approval, the Department would make the grant for the improvement. A new appropriation would be created and funded from DOA's capital planning and building construction services appropriation and the new appropriation would be repealed on July 1, 2001. The revenues for the new appropriation would be derived from a transfer of $85,300 in 1999-00 from the total amount appropriated in 1999-00 for Division of Facilities Management (DFM) general operations appropriation. Revenues for this appropriation come from assessments on state agencies for the cost of DFM provision of building construction and capital planning services.
Veto by Governor [E-11]: Delete provision.
[Act 9 Vetoed Sections: 105e, 105f, 172 (as it relates to s. 20.505(1)(kw)), 520m, 520n, 527s, 527t and 9401(7h)]
18. SALE OF STATE-OWNED WATER TREATMENT FACILITIES
Assembly: Authorize DOA to sell any state-owned water purification or wastewater treatment plant if the Department determines that the sale is appropriate. Provide that such sales may be on the basis of public bids, with DOA retaining the right to reject any bids, or on the basis of negotiated prices.
Require that, when a facility is sold, the Department deposit the net proceeds in the fund or funds from which the acquisition, construction or repair of a plant was financed, or was to be financed had the state retained ownership, except that, if there is any outstanding public debt associated with the acquisition, construction or repair of the plant, DOA shall first deposit a sufficient amount of the net proceeds into the Building Commission's bond security and redemption fund to repay the principal and interest on the remaining debt, and any premium due upon refunding of the debt.
Also, create a session law requirement for DOA to conduct a study of the feasibility and desirability of selling, leasing or forming public-private partnerships to operate the water purification and wastewater treatment plants owned by the state. Require that the report include options available to the state with respect to such sale, leasing or operational agreements and direct that the study be submitted to the Legislature no later than December 31, 2000.
Conference Committee/Legislature: Provide only for a session law requirement for DOA to study the feasibility and desirability of selling, leasing or forming public-private partnerships to operate the water purification and wastewater treatment plants owned by the state. Require that the report include options available to the state with respect to such sale, leasing or operational agreements and direct that the study be submitted to the Legislature no later than December 31, 2000.
[Act 9 Section: 9101(20m)]
Division of Gaming
1. TRIBAL GAMING REVENUE ALLOCATIONS [LFB Papers 157 thru 175]
PR-REV
1998-99 $172,500
1999-00 21,538,700
2000-01 24,025,000
Total $45,736,200
Governor: Create a program revenue appropriation to receive all state receipts relating to Indian gaming, less the amounts appropriated to DOA for general program operations relating to Indian gaming and the Department of Justice for Indian gaming law enforcement. Modify the statutory definition of "Indian gaming receipts" to include monies received by the state from Indian tribes pursuant to an Indian gaming compact, except monies received as direct reimbursements to the Department of Justice. Allocate, from the newly-created appropriation, $20,605,700 PR in 1999-00 and $22,134,400 PR in 2000-01 for a variety of purposes (not including regulation and enforcement). The revenue derives primarily from tribal gaming revenue provided to the state under state-tribal gaming compact amendments. Under the recently signed compact amendments, each tribe will make additional annual payments to the state, not required under the original compacts, over a five-year period. The amounts vary by tribe and reflect the variation in total net revenue among the tribes. Revenue provided to the state is estimated to total $21.5 million in 1999-00 and $24.0 million in 2000-01. The following table shows state revenue for fiscal years 1998-99 through 2003-04.
Tribe or Band 1998-99 1999-00 2000-01 2001-02 2002-03 2003-04
Bad River 1 $172,500 $230,000 $230,000 $230,000 $230,000 $57,500
Ho-Chunk 0 6,500,000 7,500,000 7,500,000 8,000,000 8,000,000
Lac Courte Oreilles 2 0 420,000 420,000 420,000 420,000 420,000
Lac du Flambeau 3 0 0 738,900 738,900 738,900 738,900
Menominee 2, 3 0 0 747,371 747,371 747,371 747,371
Oneida 4 0 4,850,000 4,850,000 4,850,000 4,850,000 4,850,000
Potawatomi 0 6,375,000 6,375,000 6,375,000 6,375,000 6,375,000
Red Cliff 5 0 64,685 64,685 64,685 64,685 64,685
Sokaogon 2 0 258,000 258,000 258,000 258,000 258,000
St. Croix 0 2,191,000 2,191,000 2,191,000 2,191,000 2,191,000
Stockbridge-Munsee 0 650,000 650,000 650,000 650,000 650,000
Total $172,500 $21,538,685 $24,024,956 $24,024,956 $24,524,956 $24,352,456
1 Bad River Band makes quarterly payments instead of annual payments; based on the compact's term, three quarterly payments will be made in 1998-99 and one quarterly payment will be made in 2003-04.
2 The Lac Courte Oreilles, Menominee and Sokaogon agreements contain an escalator payment clause that provides for an additional 1% payment to the state ($4,200 for the Lac Courte Oreilles, $7,473 for the Menominee and $2,580 for the Sokaogon) for each 1% increase in net win in the base year for which the payment applies as compared to the net win in the immediately preceding base year.
3 The Lac du Flambeau and Menominee make their final annual payments under the current compact amendments in 2004-05.
4 The Oneida agreement specifies a total annual payment to the state of $5,400,000, adjusted by a reduction of $550,000 in direct recognition of existing municipal service agreements (for a net payment of $4,850,000).
5 The Red Cliff agreement includes a provision that, if net revenue is less than $3,000,000 for any one-year period, the tribe may petition the state to reduce its payment.
Eight of the 11 amended agreements contain government-to-government memoranda of understanding (MOU) relating to the use of the additional payments. While the MOU have some significant differences, their most important common element is a provision that the Governor must undertake his best efforts, within the scope of his authority, to assure that monies paid to the state under the agreements are expended for specific purposes. In most of the MOU, the specified purposes include: (a) economic development initiatives to benefit tribes and/or American Indians within Wisconsin; (b) economic development initiatives in regions around casinos; (c) promotion of tourism within the state; and (d) support of programs and services of the county in which the tribe is located. Several of the MOU add a fifth purpose relating to either law enforcement or public safety initiatives on the reservations.
The executive budget summary terms the Governor's allocation package the "Native American Gaming Initiative." The initiative would allocate tribal gaming revenues to 14 state agencies in 31 program areas. These allocations are listed in the following table. Each item is also summarized in greater detail, including any modifications to position authority, under the respective agency summaries.