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.
In two instances (items 25 and 30), one-time funding is provided under the bill. In one instance (item 28), the appropriation structure for the use of the tribal gaming revenue would be established, but no tribal gaming funding would be provided in the 1999-01 biennium. For one provision (Item 7), a technical modification to the bill is required because funding for this purpose is not reflected in the DHFS budget. Finally, in some areas, the tribal gaming revenue would supplant or otherwise affect, in whole or in part, existing funding. These instances are explained in the footnotes to the table.
Tribal Gaming Revenue Allocations -- Governor
Program Revenue
Department 1999-00 2000-01 Purpose
1. Administration --
Office of Justice Assistance $200,000 $600,000 Tribal law enforcement assistance grant program.
2. Arts Board 25,200 25,200 Grants-in-aid to, or contracts with, American Indian individuals or groups for services furthering the development of the arts and humanities.
3. Commerce 2,500,000 3,000,000 Gaming economic development grants and loans, including grants to Brown County to support construction of a new arena.
4. Commerce 0 2,500,000 Gaming economic diversification grants and loans
5. Commerce 1 388,700 388,700 Physician Loan Assistance Program (PLAP), Health Care Provider Loan Assistance Program (HCPLAP) and a related contract.
6. Commerce 1 100,700 100,700 Native American liaison, economic development liaison and technical assistance grants.
7. Health and Family Services 2,055,000 2,115,000 Tribal MA outreach positions, matching funds for federally qualified health centers and a contingency fund for BadgerCare premiums of Native American Families.
8. Health and Family Services 1 920,000 920,000 Health services: tribal medical relief block grants ($800,000 PR annually) and cooperative American Indian health projects ($120,000 PR annually).
9. Health and Family Services 1 771,600 771,600 Social services: Indian substance abuse prevention education ($500,000 PR annually) and Indian Aids ($271,600 PR annually).
