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]
Governor: Provide $60,500 in 1999-00 and $75,000 in 2000-01 and 1.0 position to the Women's Council to staff a Glass Ceiling Board. Create a Glass Ceiling Board which would have the following duties:
· Administer an annual "Governor's Glass Ceiling Award Program" to recognize Wisconsin businesses and organizations that advance, or promote the advancement of, women and minority group members to upper-level management positions;
· Conduct outreach and provide other resources to disseminate information to employers on glass ceiling issues and effective programs that have helped eliminate barriers to promotion of women and minority group members to upper-level management positions;
· Identify businesses and industries that provide exceptional opportunities for women and minority group members to upper-level management positions, and, whenever appropriate, promote the expansion of such businesses and industries in the state; and
· Actively promote the appointment of qualified women and minority group members to public and private governing bodies.
Define "glass ceiling" as a formal or informal barrier to full participation of women and minority group members in the management of public and private sector employes.
Provide that the Board be attached to DOA for administrative purposes and staffed by the Women's Council. Authorize the Governor to annually choose the Chairperson of the Board. Specify that Board membership shall consist of 25 members as follows: (a) two Senators and two Representatives of the Assembly selected in the same manner as members of standing committees are chosen; and (b) 21 persons holding public or private sector positions, appointed by the Governor to three-year terms. Provide that the initial non-legislative membership of the Board be named by the Governor to staggered terms with one-third of the 21 initial members each serving terms expiring May 1, 2001, May 1, 2002, and May 1, 2003, respectively.
Joint Finance/Legislature: Delete provision.
10. GREEN BAY PACKERS LICENSE PLATE
Joint Finance: Direct DOA to make payments to the Boys and Girls Clubs of Wisconsin from the revenues generated from the issuance of Green Bay Packers license plates. Create a new, PR, continuing appropriation for payments to the Boys and Girls Clubs of Wisconsin. Specify that these provisions would become effective on the first day of the 5th month beginning after publication. [For more detail on the Green Bay Packers license plate see "Transportation -- Motor Vehicles."]
Conference Committee/Legislature: Delete provision.
11. MANAGEMENT ASSISTANCE GRANT PROGRAM
Joint Finance/Legislature: Create a management assistance grant program, administered by DOA, to provide financial assistance to counties to fund public safety, public health, public infrastructure, public employee training and economic development expenditures. Provide that grants be provided, subject to the availability of funds, to any county that meets the following criteria: (a) the county does not contain any incorporated municipalities; (b) the county has a geographic area of less than 400 square miles; (c) the county submits a detailed expenditure plan that identifies how the funds are proposed to be expended and how those expenditures meet the program's goals; and (d) the county maintains its financial records in accordance with accounting procedures established by DOR. Menominee County is the only county that currently meets criteria (a) and (b). Establish the grant amount for each eligible county at $500,000, annually. Create an appropriation to make grants under the program. Place $500,000 annually in tribal gaming revenues in the PR appropriation of the Joint Committee on Finance to be transferred under s. 13.10 to the management assistance grant program appropriation upon request by DOA and a finding that a county has met the eligibility criteria of the grant program. The state fiscal effect is reflected in this document under the section for "Program Supplements."
[Act 9 Sections: 1v, 45m, 518, 519, 527g and 586f]
12. CENSUS AWARENESS PROGRAM
Funding Positions
GPR $850,000 1.00
Senate: Provide $425,000 annually to the University of Wisconsin for a census awareness program that the UW System Board of Regents would be required to establish and maintain at UW Extension. Provide that the program would fund grants and public service announcements designed to increase public awareness of the importance of an accurate census and to encourage people to complete the census questionnaire.
Conference Committee/Legislature: Delete the Senate provisions. Instead, include the following provisions: Provide $250,000 GPR in 1999-00 and 1.0 GPR project position to the Department of Administration (DOA) and require DOA to conduct a statewide program to educate the public concerning federal census procedures and the importance of assuring a complete and accurate 2000 federal census in Wisconsin. Further, provide $600,000 GPR in a biennial appropriation under DOA for census education assistance grants.
Census Education Board. Create a Census Education Board, attached to DOA, consisting of two senators and two representatives appointed in the same manner as members of standing committees of the Legislature. Require that the Board approve the expenditure of any monies by DOA for a statewide census education program. Repeal the Board on July 1, 2000.
Census Education Assistance Grants. Require DOA to review and approve grants for programs designed to ensure a complete, accurate 2000 federal census in this state. Prohibit DOA from encumbering or expending any moneys for this purpose without Board approval.
Eligible Applicants. Provide that the Wisconsin Towns Association, the Wisconsin Alliance of Cities or the League of Wisconsin Municipalities (associations), any county, municipality or group of municipalities which has a population of 20,000 or more, according to the 1990 federal census, or any county, municipality or group of municipalities which can demonstrate that a substantial portion of its population is hard to enumerate may apply for a census education assistance grant. Define "hard to enumerate" populations to include: (a) racial and ethnic minorities; (b) individuals for whom English is not their primary language; (c) homeless individuals; (d) migrant workers; (e) residents of public housing projects or other concentrations of rental units; (f) individuals who may be outside the mainstream of daily life, such as homebound, elderly or disabled individuals; and (g) student populations.
Grant Distribution. Require DOA to make grants on a matching basis in an initial amount not to exceed $200,000 per applicant. Provide that if the total amount of grants payable exceeds the funding available, DOA would prorate the grants. Provide that if, after DOA awards all grants, funding remains in the appropriation, DOA may award additional money to any original qualified applicants who apply to receive additional grant moneys. Specify that in distributing the additional grant money, DOA must distribute the money on a prorated basis based on the amounts awarded to each applicant originally, up to the amount of additional money matched by the applicant, not to exceed $250,000 to a single applicant. Provide that if after the additional grants are awarded funding still remains in the appropriation, DOA may continue to award grants on the prorated basis until all funding is expended. Prohibit applicants that received a grant in the amount of $250,000 from receiving any additional funding.
Eligible Costs. Provide that a grant may only be used to pay direct costs, which could include the costs of staff specifically assigned to a census complete count promotion, office space, data processing, staff travel within the area covered by the grant, communications, media advertising, printing, postage and supplies directly attributable to a complete count promotion. Costs not eligible to be paid from a grant would include equipment and property costs, application preparation costs, indirect costs and any costs considered by DOA to be inconsistent with the purposes of the program. Provide that no costs incurred after June 1, 2000, would be eligible for a grant
