(f) Public participation. Planning efforts that provide opportunities for public participation throughout the planning process will be favored.
Assembly: Delete provision.
Senate: Modify the comprehensive planning recommendations of Joint Finance as follows:
Assessment of Certain State Agencies to Fund the Comprehensive Planning Grants Program. Modify the procedure that directs the Secretary of DOA to assess six agencies $250,000 each, on an annual basis, by modifying the provision that directs the assessments to be applied against each agency's GPR-funded general program operations appropriations to instead specify that the assessments could be made against any of the agency's appropriations for general program operations.
Conference Committee/Legislature: Delete the Senate provision and instead modify the comprehensive planning recommendations of Joint Finance as follows:
Assessment of Certain State Agencies to Fund the Comprehensive Planning Grants Program. Delete the provision directing the Secretary of DOA to annually assess six agencies $250,000 each to support planning grants and the costs of program delivery.
Funding and Staffing under DOA for Comprehensive Planning Grant Activities. Delete $1,430,000 PR in 1999-00 and $1,288,200 PR in 2000-01 provided by Joint Finance for comprehensive planning grants and instead provide $1,500,000 GPR in 2000-01 for this purpose. These grant modifications reflect a conversion of the source of funding for the program and a delay in the implementation of the first planning grant funding cycle until the 2000-01 fiscal year. Delete $50,000 PR annually and 1.0 PR position and instead provide $12,500 GPR in 1999-00 and $50,000 GPR in 2000-01 and authorize 1.0 GPR position in DOA's Office of Land Information Services to support the operation of the new planning grants program. These position modifications reflect a conversion of the source of funding for the administrative support for the program and a delay in providing start-up resources for the program during 1999-00.
Purpose of the Comprehensive Planning Grants. Replace the requirement that allows DOA to 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 with a provision that directs DOA to require local governments to finance a percentage of the planning costs from local resources. Direct DOA to determine the local percentage based on the availability of funding and the number of applications.
Approval of Comprehensive Planning Grants. Modify the provision that requires the Wisconsin Land Council to favor grant applications that contain elements relating to joint planning, coordination with state goals, smart growth areas, implementation, completion, and public participation to clarify that the Council is to favor applications that contain all of these elements. Modify the element relating to coordination with state goals as follows:
· Rename the element "coordination with local comprehensive planning goals" and clarify that the goals are local comprehensive planning goals, as opposed to state policy goals;
· Delete the reference to "maintaining physical separation between urban areas" from the goal relating to the building of community identity;
· Clarify that the goal regarding the creation of employment opportunities extends to the state, regional and local levels; and
· Create an additional goal relating to providing an integrated, efficient and economical transportation system that provides mobility, convenience and safety and which meets the needs of all citizens, including transit-dependent and disabled.
Modify the element relating to smart growth areas to clarify that planning efforts must meet either of two enumerated criteria, as opposed to both criteria. Modify the element relating to public participation to clarify that public participation should take place throughout the planning process.
Veto by Governor [B-26]: Delete the scheduled July 1, 2010, repeal of: (a) the comprehensive planning grants program; (b) the enumerated factors that DOA must use in awarding grants under the program; and (c) the GPR-funded grant appropriation and associated administrative appropriation under DOA.
[Act 9 Sections: 12m, 12n, 110m, 110no, 110p, 110q, 110s, 110t, 110w, 509v, 509x, 2353m, 2353n, 9101(19g) and 9401(2zu)]
[Act 9 Vetoed Sections: 110n, 110r, 509w, 509y and 9401(6zu)&(6zv)]
4. SMART GROWTH DIVIDEND AID PROGRAM
Joint Finance: Require DOA and DOR to jointly propose a smart growth dividend aid program in their biennial budget requests for 2001-03 which provide aids to localities beginning in 2005-06. Require the proposal to include provisions that would distribute aid to towns, villages, cities and counties which meet the following requirements: (a) the local government has adopted a comprehensive plan that the Wisconsin Land Council and DOA have determined meets provisions established under administrative rule; (b) the local government has implemented the plan in accordance with provisions under the comprehensive planning statute; and (c) the population density within the local government's boundaries has increased. Require the proposal to include a provision requiring the Wisconsin Land Council to approve or disapprove grant applications within 60 days of submission.
Assembly: Delete provision.
Senate: Modify the requirements that local governments would have to meet to receive aid payments to specify that local governments must have zoning and subdivision ordinances that are consistent with their comprehensive plans and to specify that aid would be distributed to eligible local governments on the basis of credits that the local governments would accumulate for new housing units that are sold or rented in the previous year on lots of one-quarter acre or less and for new housing units that were sold at prices less than 80% of the median sale price for new homes in the county in the previous year.
Conference Committee/Legislature: Delete the requirement that the 2001-03 budget requests of DOA and DOR contain a provision that would require aid recipients to be local governments where the population density has increased, and, instead, require the aid recipients to have zoning and subdivision ordinances that are consistent with their comprehensive plan. Specify that aid would be distributed to eligible local governments on the basis of credits that the local government would accumulate for new housing units that were sold or rented in the previous year on lots of one-quarter acre or less and for new housing units that were sold at prices less than 80% of the median sale price of new homes in the county in the previous year.
[Act 9 Section: 9101(18zo)]
5. LAND COUNCIL DUTIES: INFORMATION ON THE TRANSFER OF CERTAIN LAND RIGHTS
Joint Finance: Direct the Wisconsin Land Council, by January 1, 2000, to develop and distribute a form, that is in triplicate, which would be sent, to DNR, DOR and to the appropriate county register of deeds. Specify that these entities are to make such forms available to persons requesting them. Provide that the form would be designed to capture information with respect to the conveyance of certain land rights, defined as a nonpossessory interest in land that imposes a limitation or affirmative obligation, the purpose of which is to retain or protect natural, scenic or open space values of land, assuring the availability of land for agricultural, forest, wildlife habitat or open space use, protecting natural resources or maintaining or enhancing air or water quality. Specify that the information on the form would include the following: (a) the name and address of each party involved in the transaction; (b) the date of the transaction; (c) the approximate size of the parcel to which the land rights relate; (d) the approximate total size of the parcel to which the land rights constitute a portion; (e) the classification of the subject property for assessment purposes; (f) the amount paid by the purchaser for the land rights; and (g) the source of any public funds that were used in the conveyance of the land rights.
Specify that any person who is a party to a transaction, as a purchaser or purchaser's agent or as a seller or seller's agent, may prepare and sign the form. Provide that if the person prepares and signs the form, one copy must be sent to the Land Council and one copy to the register of deeds of the county in which the transaction is recorded. Stipulate that beginning July 1, 2000, if the transfer of a land right involves the use of public funds, a copy of the form must also be recorded when the transaction itself is recorded.
Provide that if public funds have been used to support the conveyance of a land right to a not-for-profit organization, the amount involved in the transaction would not be deemed to be confidential under s. 77.265 of the statutes and would be available to the public.
Specify that the Land Council would be required to post the form on the Internet when a site for a statewide computerized land information system is created and makes such a posting possible. Provide that all of these new provisions would apply through August 31, 2003, at which time the Land Council and associated statutory provisions sunset under current law.
Senate/Legislature: Modify Joint Finance provision that would have directed the Wisconsin Land Council, by January 1, 2000, to develop and distribute a form designed to capture information with respect to the conveyance of a "nonpossessory interest" in a land holding by deleting the requirements that the form: (a) be in triplicate; (b) be sent to DNR, DOR and to the appropriate county register of deeds; and (c) be recorded with the register of deeds of the county in which the transaction is recorded. Specify instead that for a transaction involving a nonpossessory interest completed after June 30, 2000, any person who is a party to a transaction, as a purchaser or purchaser's agent or as a seller or seller's agent, must prepare and sign the form and send a copy to the Land Council. Newly require the Land Council to create and maintain a directory of the forms.
Also, delete the Joint Finance requirements that the form contain the following items of information: (a) the classification of the subject property for assessment purposes; (b) the amount paid by the purchaser for the land rights; and (c) the source of any public funds that were used in the conveyance of the land rights. With these modifications the form would still have to contain the following information: (a) the name and address of each party involved in the transaction; (b) the date of the transaction; (c) the approximate size of the parcel to which the land rights relate; and (d) the approximate total size of the parcel to which the land rights constitute a portion.
Further, delete the Joint Finance requirements that: (a) if public funds have been used to support the conveyance of a land right to a not-for-profit organization, the amount involved in the transaction would not be deemed to be confidential under s. 77.265 of the statutes and would be available to the public; and (b) the Land Council post the form on the Internet when a site for a statewide computerized land information system is created and makes such a posting possible. All of these modifications and new provisions would apply through August 31, 2003, at which time the Land Council and associated statutory provisions sunset under current law.
Veto by Governor [B-28]: Delete provision.
[Act 9 Vetoed Sections: 43h and 43j]
Attached Programs
1. HEARINGS AND APPEALS -- INCREASED COSTS FOR PROBATION AND PAROLE HEARING ACTIVITIES
GPR $20,200
Governor/Legislature: Provide $20,200 in 2000-01 for costs associated with the Division of Hearings and Appeals staff who conduct probation and parole hearings for the Department of Corrections. The funding would be used for: (a) purchase of five personal computer replacements [$4,100 (plus $3,400 of base resources)]; (b) user charges to provide dial-in access by staff to the Division's information data base ($5,100); (c) maintenance costs of the Division's scheduling and case tracking software ($6,000); and (d) increased transcript preparation services ($5,000).
2. HEARINGS AND APPEALS -- AUTO DEALER BOND CLAIM HEARINGS
Funding Positions
PR $109,200 1.00
Governor/Legislature: Provide $49,400 in 1999-00 and $59,800 in 2000-01 and 1.0 position (0.5 attorney and 0.5 program assistant) to conduct automobile dealer bond claim hearings for DOT. The DOT currently conducts these hearings and has requested that the Division of Hearings and Appeals adjudicate dealer bond claims on behalf of DOT. To obtain a license from DOT, automobile dealers are required to maintain a $25,000 bond to cover financial losses of a customer due to negligent action by an automobile dealer. The need for administrative hearings arises when a dispute arises over payment of claims from these bonds. In 1999-00, $28,100 is provided for salary and fringe and $21,300 for supplies and services. In 2000-01, $37,500 is provided for salary and fringe benefits and $22,300 is provided for supplies and services. The revenue for these increased expenditures would from a charge-back to DOT for the costs of service provided by the Division.
3. HEARINGS AND APPEALS -- DPI SPECIAL EDUCATION HEARINGS
PR $24,700
Governor/Legislature: Provide $10,700 in 1999-00 and $14,000 in 2000-01 for increased supplies and services costs related to the Division of Hearings and Appeals provision of special education due process hearings for DPI. Through a memorandum of understanding between the two agencies, the Division conducts all special education due process hearings for DPI. These hearings arise wahen there is a disagreement between a school district and a parent over special education services to be provided to a student. The Division currently employs a 0.5 attorney and 0.5 program assistant to conduct these hearings on behalf of DPI. The revenues for these increased expenditures would come from charge-backs to DPI for the cost of the hearing services provided. In turn, DPI assesses the involved school districts for these costs.
4. HEARINGS AND APPEALS -- FUNDING SHIFT [LFB Paper 201]
Funding Positions
GPR - $272,000 - 1.40
PR 272,000 1.40
Total $0 0.00
Joint Finance/Legislature: Delete $136,000 GPR annually and 1.4 GPR positions and provide $136,000 PR annually and 1.4 PR positions to reflect a re-distribution of salary costs between funding sources for supervisory personnel.
5. COLLEGE TUITION PREPAYMENT PROGRAM
Governor/Legislature: Modify the college tuition prepayment program (EdVest) by specifying that a beneficiary can use tuition units purchased on his or her behalf for the payment of mandatory student fees as well as tuition. In addition, delete the provision that prohibits DOA from issuing a refund for one year following termination of an EdVest account and limit the number of tuition units for which a refund can be issued to 100 tuition units per year, if the account is terminated under certain circumstances. Instead, DOA would determine the method and schedule of the payment of refunds, as it does currently for other refunds.
Under current law, these refund restrictions apply if the beneficiary is at least 18 years old and the account is terminated for one of the following reasons: (a) the beneficiary has not graduated from high school; (b) the beneficiary has decided not to attend an institution of higher education; and (c) the beneficiary attended an institution of higher education but voluntarily withdrew prior to completing his or her program.
[Act 9 Sections: 56, 58, 60 and 61]
6. TRANSFER THE COLLEGE TUITION PREPAYMENT PROGRAM TO THE OFFICE OF THE STATE TREASURER [LFB Paper 890]
Funding Positions
SEG - $1,492,800 - 4.00
Governor: Delete $746,400 annually and 4.0 positions to reflect the transfer of the college tuition prepayment program, which is currently administered by DOA, to the Office of the State Treasurer on the effective date of the bill. EdVest is a college savings program that allows parents and others to purchase "tuition units" on behalf of a beneficiary for the future payment of college tuition. Funds used to purchase the tuition units are placed in a tuition trust fund
and invested by the State of Wisconsin Investment Board. The program's administrative costs are currently funded from the tuition trust fund.
Joint Finance/Legislature: Modify the Governor's recommendation to provide that when the general fund is ultimately reimbursed from available EdVest trust fund earnings, the Secretary of DOA must ensure that the amounts repaid include all GPR-supported start-up and ongoing administrative expenditures incurred since the inception of the EdVest program.
[Act 9 Sections: 52 thru 59, 61, 62, 587, 718, 1686, 3101 and 9101(9)]
7. TRANSFER STATE NATIONAL AND COMMUNITY SERVICE BOARD
Governor: Provide a reduction of $1,669,300 FED annually and 2.0 positions to reflect the transfer of the National and Community Service Board (NCSB), except the Promise Challenge grant program, from DOA to DHFS. The Board is currently statutorily attached to DOA for administrative purposes. The statutory responsibilities and appropriations for the Board would be relocated under DHFS.
Provide that the transfer of the following items, that are determined by the Secretary of DOA as primarily related to the administration of the National and Community Service Board, except the Badger Challenge grant program, would be handled as follows on the effective date of the budget bill: (a) all assets and liabilities (including tangible public property and records), would be transferred from DOA to DHFS; (b) all positions and incumbent employees primarily related to the NCSB would be transferred from DOA to DHFS and the employees would retain their existing employment status and rights and be exempt from any new probationary period; and (c) all existing contracts entered into by DOA would be transferred to DHFS and remain in effect after the transfer until modified or rescinded by DHFS to the extent allowed under the contract.
The Board is responsible for providing an annual plan for the provision of national service programs in this state and for awarding grants (from federal funds received from the Corporation for National and Community Services) to persons providing national service programs in the state, with priority being given to youth corps programs.
In November, 1997, DOA, the Department of Commerce and the Board entered into a memorandum of understanding (MOU) that temporarily transferred the Board and its employes to Commerce, although funding remained in DOA and the transferred employes were still payrolled from the appropriations in DOA. At this time, a similar MOU is under development between DOA, DHFS, and the Board to transfer the activities of the Board to DHFS for the remainder of this fiscal year. The budget provision would statutorily attach the Board to DHFS and transfer the Board’s position authority and budget to DHFS. The base budget for the Board is $1,674,900 FED (of which $174,900 is for administration and $1,500,000 is for grants).
Senate/Legislature: Delete the provision that would transfer the National and Community Service Board from DOA to the DHFS. Provide an additional $599,800 annually and increase the authorized federal position level by 1.0 beginning in 1999-00. Federal funding for the Board is available from the Corporation for National Service under the federal National and Community Service Act of 1990.
Veto by Governor [E-6]: Delete the following inadvertently retained provisions from the Governor's original proposal to transfer the Board's activities to DHFS: (a) an unnecessary transfer of the Wisconsin challenge grant appropriation between programs within DOA; and (b) the creation of two appropriations in DHFS for NCSB activities.
[Act 9 Section: 9101(1mb)]
[Act 9 Vetoed Sections: 511, 532, 534 and 535]
8. PROMISE CHALLENGE GRANT PROGRAM
GPR - $848,000
Governor/Legislature: Reduce base level funding by $424,000 annually to reflect deletion of one-time funding provided in 1998-99 for the promise challenge grant program. A provision of 1997 Wisconsin Act 237 provided $424,000 in 1998-99 for promise challenge grants to countywide consortia to assist in youth development activities. Act 237 further provided that the administration of the program be assigned to the National and Community Service Board (NCSB) which is currently attached to DOA for administrative purposes and provided that the program sunset on January 1, 2000).
9. GLASS CEILING BOARD [LFB Paper 200]
