Governor/Legislature: Create a continuing gifts and grants appropriation under OJA to allow OJA to receive and spend gifts and grants monies that are not covered under a specific appropriation. According to OJA officials, the U.S. Department of Justice, through a contractor, requests OJA to perform certain studies approximately once a year. Currently, OJA accepts federal funding for these studies through a general DOA appropriation. Under the bill, OJA would be able to deposit these federal monies into and expend these federal monies from its own appropriation.
[Act 9 Section: 541]
10. COUNTY LAW ENFORCEMENT GRANT PROGRAM
PR $500,000
Joint Finance/Legislature: Provide $250,000 annually and create a county law enforcement grant program, to be administered by OJA, under which counties may receive no more than $50,000 annually. Funding would be provided from tribal gaming revenue. Provide that counties that fulfill all of the following requirements would be eligible to receive funds: (a) the county borders a federally-recognized Indian reservation in Wisconsin; (b) the county has not established a cooperative county-tribal law enforcement program administered by the Department of Justice with each of the tribes that border the county; (c) the county demonstrates a need for law enforcement services to be funded with the grant; and (d) the county submits an application and a proposed plan to OJA that shows how the county would use the grant monies for law enforcement services. Direct OJA to develop criteria and procedures for use in administering the county law enforcement grant program. Exempt the criteria and procedures developed by OJA from the administrative rule process.
[Act 9 Sections: 110j, 543x and 575L]
11. JAIL LITERACY PROGRAMS
Assembly/Legislature: Direct OJA to allocate $150,000 in 2000-01 from OJA's federal anti-drug enforcement aids and local assistance appropriation to award grants on a competitive basis to six counties for pilot literacy programs in jails or houses of corrections. Funding would be provided from federal Byrne anti-drug monies. For a county to be eligible for a grant, provide that the county must pay at least 25% of the total cost of its pilot literacy program.
[Act 9 Section: 9101(11d)]
Land Information and Local Planning Programs
1. DEVELOPMENT OF A COMPUTER-BASED LAND INFORMATION SYSTEM [LFB Paper 195]
Governor: Provide $1,222,300 in 1999-00 and $1,430,300 in 2000-01 for the development of a new computer-based land information system as follows:
Computer-Based Land Information System. Provide that DOA shall develop and maintain, as a permanent agency responsibility, a computer-based Wisconsin land information system. Provide that this land information system would be excluded from the Land Information Board's general responsibilities to direct and supervise the state land information program.
Under current law, DOA has the permissive authority, on an on-going basis, to develop and maintain a geographic information system (GIS) or systems for the use of governmental and nongovernmental entities. The Land Information Board (rather than DOA) currently directs and supervises the state's land information program and serves as the state clearinghouse for access to land information. However, the Board, its supporting appropriations and all of its powers and duties are currently scheduled to be abolished, effective September 1, 2003. After that date, only those land information support activities expressly assigned to DOA as on-going responsibilities (the GIS and this proposed new computer-based land information system) would remain in force.
Conduct of Soil Surveys and Soil Mapping. Specify that in conjunction with the proposed computer-based land information system, DOA may conduct soil surveys and soil mapping activities. Since these survey and mapping activities would be part of the DOA computer-based land information system, these undertakings would also be outside of the direction and supervision of the Land Information Board.
Allow DOA to assess any state agency any amount that DOA determines would be required in order to conduct such soil survey and soil mapping activities. In making these assessments, DOA would be able to assess agencies on a premium basis and pay the costs incurred on an actual basis. Authorize DOA to contract with the Board of Commissioners of Public Lands to perform soil survey and soil mapping activities on trust lands that are under the jurisdiction of that Board.
DOA's statutory authority to conduct soil surveys and soil mapping activities, assess agencies for such costs and contract for survey and mapping activities on trust lands would be on-going. The authority to undertake these activities would not be subject to repeal as part of the sunsetting of the Land Information Board and associated activities, effective September 1, 2003.
Use of Land Information Board Revenues for Computer-Based Land Information System Activities. Establish an annual, PR appropriation under DOA to support the computer-based land information system and provide expenditure authority of $822,300 in 1999-00 and $1,030,300 in 2000-01 for this purpose. Provide that these appropriated amounts would be funded by diverting to DOA a portion of the monies received by the Land Information Board from county registers of deeds for the recording of legal documents that is currently used to provide aids to counties for local land information projects.
Under this modification, the amounts budgeted for Board general program operations would continue to receive an initial allocation from the registration fees revenues equal to budgeted amounts for administration, as provided under current law. In addition to this allocation, specify that the Board transfer to DOA the amounts budgeted in the new computer-based land information system appropriation for that purpose. Following the current law allocation for Board operations and the transfer to support DOA's computer-based land information system, provide that all remaining funds be credited to the existing land information aids to counties appropriation.
Reduce base level expenditure authority ($1,799,000 annually) under the Board's aids to counties appropriation by $822,300 in 1999-00 and $1,030,300 in 2000-00 to reflect the transfer of computer-based land information system funds to DOA. [A total of $976,700 in 1999-00 and $768,700 would then remain for county land information project grants.] As a result of these modifications, repeal a current law provision specifying the allocation of document recording fees only to the aids to counties appropriation.
Under current law, $6 of the $10 collected by a county register of deeds for recording the first page of a legal document is forwarded to the Board, unless the county has a land information office, in which case the county may retain an additional $4 to support the office and transfer only $2 to the Board. The monies currently received by the Board are first credited to an appropriation that supports the Board's budgeted general program operations. Following this allocation, all remaining revenues are now credited to aids to counties appropriation.
Funding the Computer-Based Land Information System Project. Provide that the amounts credited to the new appropriation would then be transferred to a PR-service appropriation to support the actual development and maintenance of the computer-based land information system and associated soil survey and soil mapping activities. Provide expenditure authority of $822,300 in 1999-00 and $1,030,000 in 2000-01 for the development and maintenance of the new land information system.
Of these amounts, earmark $202,300 in 1999-00 and $410,300 in 2000-01 for the development of the new system. These funds would support master lease costs associated with the system ($172,300 in 1999-00 and $350,300 in 2000-01) and contractor or in-house programming staff costs ($30,000 in 1999-00 and $60,000 in 2000-01). The balance of the expenditure authority under the PR-service appropriation ($620,000 annually) would be reserved for the new soil survey and soil mapping activities.
Funding of Soil Survey and Soil Mapping Activities. In addition to the remaining $620,000 under the PR-service appropriation for the land information system, create a new PR-service continuing appropriation funded from assessments levied by DOA against other state agencies for the costs of conducting soil surveys and soil mapping activities. Provide expenditure authority of $400,000 annually under this new soil survey and soil mapping assessment appropriation. [The biennial budget bill would also provide $200,000 annually under both DNR and DOT to fund these DOA assessments for soil survey and soil mapping activities. In addition, $30,000 annually would be provided, but not transferred to DOA, under the Board of Commissioners of Public Lands for soil survey and soil mapping activities on trust lands.]
As a result of all of these transfers, assessments and allocations, a total of $1,050,000 annually would be available to support soil survey and soil mapping activities. All of these amounts, except for the $30,000 annually budgeted under the Board of Commissioners of Public Lands, would be appropriated under DOA.
Use of Funds for Soil Surveys. Provide $620,000 annually [$400,000 from the amounts assessed from DNR and DOT and $220,000 from the computer-based land information system PR-service appropriation] to support the first two years of a projected four-year project to develop a computerized soil data analysis of the soil layers in nine northern Wisconsin counties (Ashland, Bayfield, Burnett, Douglas, Iron, Price, Rusk, Sawyer and Washburn counties). This activity would be carried out under contract with the U. S. Department of Agriculture's Natural Resources Conservation Service (NRCS). The state's total annual share of the costs of the surveys ($650,000) would also include the $30,000 provided by the Board of Commissioners of Public Lands. The state's total four-year commitment to this soil survey project ($2.6 million) would represent about one-third of the total project costs. The remaining costs of the project would be supported from the NRCS's federal budget.
Use of Funds for Soil Mapping. Provide $400,000 annually from the computer-based land information system PR-service appropriation to support the first two years of a projected four-year project to develop digitized soil characteristics data in 38 Wisconsin counties where soil surveys have been completed. The state's total four-year commitment to the soil mapping project ($1.6 million) would represent about one-half of the total project costs. The remaining costs of the project would be supported from the NRCS's federal budget.
Repeal of Appropriations. Effective September 1, 2003, repeal the new PR and PR-service appropriations supporting the computer-based land information system function under DOA, including the soil mapping and soil surveying activities supported from these appropriations. Notwithstanding the repeal of these appropriations, DOA would continue to have the statutory duty to develop and maintain the computer-based land information system and would still have the authority to undertake soil survey and mapping activities.
The separate PR-service appropriation established to receive assessments transferred from other agencies for soil survey and soil mapping activities would not be included in the appropriations to be repealed.
Joint Finance/Legislature: Delete $957,100 in 1999-00 and $1,165,100 in 2000-01 to reflect the following actions:
Computer-Based Land Information System. Eliminate the authority of DOA to develop and maintain a computer-based Wisconsin land information system. In connection with this modification, delete $202,300 in 1999-00 and $410,300 in 2000-00 appropriated from register of deeds recording fees for this purpose and instead restore these amounts to the Land Information Board's aids to counties appropriation. There would be no net fiscal change associated with these offsetting adjustments. In addition, delete a PR-service appropriation to which monies would be transferred for the development of a land information system (and related soil survey and soil mapping activities) and delete the $202,300 in 1999-00 and $410,300 in 2000-01 earmarked under that appropriation for the computer-based land information system.
Conduct of Soil Surveys and Soil Mapping. Authorize the Land Information Board rather than DOA to: (a) conduct of soil surveying and mapping activities; (b) assess state agencies for the costs of conducting soil surveys and soil mapping activities; and (c) contract with the Board of Commissioners of Public Lands for the conduct of soil surveys and mapping activities on the Board's trust lands.
Schedule and Funding Modifications to the Soil Survey and Soil Mapping Project. Modify the funding requirements for the soil survey and soil mapping project to reflect the spreading of project costs over six years instead of four years. As a result of these modifications, delete $205,000 annually appropriated from register of deeds recording fees for these projects and instead restore these amounts to the Board's aids to counties appropriation. There would be no net fiscal change associated with these offsetting adjustments. In addition, delete $620,000 annually earmarked for soil survey and soil mapping activities associated with the PR-service appropriation for land information systems repealed above. Finally, delete $134,800 annually of funds derived from agency assessments to reflect this revised six-year project schedule. [Reductions of $67,400 annually would also be made under the budgets of both DNR and DOT to reflect these project schedule changes. Further, a reduction of $10,200 annually would be made under the budget of the Board of Commissioners of Public Lands to reflect these project schedule changes.]
Extension of Scheduled Sunset Dates. Extend the current September 1, 2003, sunset date for the Land Information Board and associated functions and the collection of a state share of register of deeds recording fees to September 1, 2005.
Veto by Governor [B-26]: Conduct of Soil Surveys and Soil Mapping. Delete the authority of the Land Information Board to assess any state agency for any amount that the Board determines is required for soil surveying and soil mapping activities, including the ability to make assessments on a premium basis, pay costs on an actual basis and contract with the Board for soil surveys and mapping on its lands. In addition, delete the words "Land information board" from the title of the appropriation to which the agency payments would be made for soil surveying and mapping activities and also eliminate references to assessments levied by the Board from the statutory purpose of the appropriation. Make the modified soil surveys and mapping appropriation (funded from state agency support) permanent by eliminating its scheduled September 1, 2005, repeal. Because the Governor's veto results in the deletion of the statutory authority to assess state agencies for soil survey and mapping costs, no revenue stream is anticipated to support the $265,200 PR annually of expenditure authority included in the biennial budget act in the soil survey and mapping state agency support appropriation. Consequently, no expenditures from this appropriation are projected.
Extension of Scheduled Sunset Dates. Retain the current law sunset date of September 1, 2003, applicable to all current law provisions governing the Land Information Board. Establish a September 1, 2003, sunset date for the Board's new authority to undertake soil surveying and soil mapping activities and to the associated new appropriation that funds these activities, by deleting the following nonstatutory effective date provisions relating to other budget items: (a) the effective date for the repeal for the appropriations to fund a 27th biweekly payroll period; (b) the effective date for the repeal of the appropriations to fund pay rate or pay range adjustments for correctional officers and related positions; (c) the effective date for the repeal of the comprehensive planning grants program; and (d) the title and a portion of the text of the provision relating to the effective date for the repeal of the Wisconsin Land Council's duties under the comprehensive planning grants program on September 1, 2003, in order to utilize that sunset date and have it also apply the Land Information Board soil surveying and mapping and associated funding provisions.
[Act 9 Sections: 114m, 114n, 512 thru 514, 518, 519, 527 and 9401(2zt),(2zu)&(6zv)]
[Act 9 Vetoed Sections: 110n, 110r, 114m, 172 (as it relates to s. 20.505(1)(kt)), 509w, 509y, 527, 527e, 615, 617, 619, 621, 623, 625, 627, 3262m, 3262n and 9401(2zu), (4), (5), (6zu) & (6zv)]
2. PLANNING GRANTS TO LOCAL UNITS OF GOVERNMENT [LFB Paper 949]
SEG $2,000,000
Governor: Establish a grant program to finance local government planning activities as follows:
Local Planning Grant Program. Establish a new grant program under DOA and authorize the agency to provide grants to a county, city, village, town or regional planning commission to finance the cost of planning activities. Specify that the activities eligible for funding would include contracting for planning consultant services, public planning sessions and other planning outreach and educational activities, or for the purchase of computerized planning data, planning software or the hardware required to utilize that data or software. Stipulate that DOA must require the grantee to finance from local resources at least 20% of the costs of the product or services to be supported by the planning grant.
Funding. Create an annual appropriation under DOA to fund planning grants to local units of government. Provide $1,000,000 annually for such grants, to be funded from the transportation fund by transfers from DOT's highway administration and planning federal funds appropriation. Modify DOT's highway and planning federal funds appropriation to permit the transfer of such monies to DOA. The amount of the DOT transfer would equal the amounts appropriated under DOA for the planning grants.
DOT Approval of Planning Grant Expenditures. Specify that prior to the award of any planning grant from the new appropriation, DOA would be required to forward a detailed statement of the proposed grant expenditures to the Secretary of DOT and obtain the Secretary's written approval of the proposed expenditures. Federal law requires each state to designate one agency to administer federal highway aid. Since DOT is the designated agency in Wisconsin, the Secretary of DOT would have to approve the grants made by DOA under the new planning grant program.
Joint Finance/Legislature: Specify that: (a) DOA may require a local match, not to exceed 25%, rather than requiring a 20% local match in all cases, for planning grants to a county, city, village, town or regional planning commission; and (b) the planning grants could be awarded only for purposes related to the transportation element of a comprehensive plan [See "General Provisions" for information on comprehensive planning.].
[Act 9 Sections: 110w, 352 and 529]
3. COMPREHENSIVE PLANNING GRANTS PROGRAM
Joint Finance: Establish a new comprehensive planning grant program, as follows:
Comprehensive Planning Grants to Local Units of Government. Create a new PR-funded, annual appropriation under DOA for the purpose of making comprehensive planning grants to a county, city, village, town or regional planning commission. Authorize DOA to make an annual assessment against the state agencies enumerated below to fund this comprehensive planning grant program. Specify that this appropriation, DOA's authority to assess agencies and the associated grant program would be repealed, effective July 1, 2010.
Assessment of Certain State Agencies to Fund the Comprehensive Planning Grants Program. Provide that annually the Secretary of DOA shall assess DOA, DATCP, Commerce, DNR, DOR and the UW System $250,000 each to support the planning grants and the costs of program delivery. Provide that the annual assessment would be applied among each agency's individual GPR-funded general program operations appropriations, in amounts as determined by the Secretary of DOA, such that the total assessed from all such appropriations under each agency would total $250,000. Provide that the amounts assessed would be credited to the PR-funded planning grant appropriation account, after first deducting the amounts separately appropriated to support DOA staffing for comprehensive planning grant activities and the UW-Extension's Local Planning Educational and Technical Assistance Program and Model Ordinance Development Initiative (described under "University of Wisconsin System").
Funding and Staffing under DOA for Comprehensive Planning Grant Activities. From the amounts assessed, provide total expenditure authority under the new DOA comprehensive planning grants appropriation of $1,430,000 in 1999-00 and $1,288,200 in 2000-01. Provide an additional $50,000 annually and authorize 1.0 PR position in DOA's Office of Land Information Services under a new annual appropriation funded from the agency comprehensive planning grant assessments to support the operation of the new planning grant program. [The remaining funds from the annual assessments, $20,000 in 1999-00 and $161,800 in 2000-01, would be appropriated under the University of Wisconsin System.]
Purpose of the Comprehensive Planning Grants. Specify that the activities eligible for funding under the DOA comprehensive planning grants appropriation would include contracting for planning consultant services, public planning sessions and other planning outreach and educational activities, or the purchase of computerized planning data, planning software or the hardware required to utilize that data or software. Stipulate that only those planning efforts containing all nine planning elements enumerated under the comprehensive planning provisions of the bill [see description under "General Provisions"] would be eligible for grants. Specify that DOA may require grantees to finance from local resources not more than 25% of the costs of the product or services to be supported by the planning grant.
Approval of Comprehensive Planning Grants. Specify that prior to the awarding of any comprehensive planning grants, DOA would be required to forward a statement of the proposed expenditures to the Wisconsin Land Council and, through August 31, 2003, obtain the Land Council's written approval of the expenditures. In making such a funding determination, require the Land Council to favor grant applications if they contain the following elements:
(a) Joint planning. Planning efforts that involve overlapping or neighboring jurisdictions will be favored over single unit planning efforts.
(b) Coordination with state goals. Applications that are accompanied by a statement that the plans would meet the following state policy goals will be favored over applications that do not include these goals:
• Promotion of the redevelopment of lands with existing infrastructure and public services and the maintenance and rehabilitation of existing residential, commercial and industrial structures.
• Encouragement of neighborhood designs that support a range of transportation choices.
• Protection of natural areas, including wetlands, wildlife habitats, lakes and woodlands, open spaces and groundwater resources.
• Protection of economically productive areas, including farmland and forests.
• Encouragement of land uses, densities and regulations that promote efficient development patterns and relatively low municipal, state government and utility costs.
• Preservation of cultural, historic and archaeological sites.
• Encouragement of coordination and cooperation among nearby units of government.
• Building of community identity by maintaining physical separation between urban areas, revitalizing main streets and enforcing design standards.
• Providing an adequate supply of affordable housing for all income levels throughout each community.
• Providing adequate infrastructure and public services and supply of developable land to meet existing and future market demand for residential, commercial and industrial uses.
• Promoting the expansion or stabilization of the current economic base and the creation of a range of employment opportunities.
• Balancing individual property rights with community interests and goals.
• Planning and development of land uses that create or preserve varied and unique urban and rural communities.
(c) Smart growth areas. Planning efforts that identify smart growth areas to which state and local infrastructure and other investments will be targeted will be favored, if the areas will: (i) promote the development and redevelopment of lands with existing infrastructure and municipal, state and utility services, where practicable; and (ii) encourage efficient development patterns that are both contiguous to existing development and at densities which have relatively low municipal, state government and utility costs.
