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
Application Requirements. Require applicants to include all of the following in their applications: (a) a description of the geographic area to be covered, including, except in the case of a association, the name of each county or municipality included within a group that is applying for a grant and the approximate total population of each county and municipality; (b) the categories of populations targeted for the census promotional program and the approximate number in each category; (c) an explanation of why the members of the population are hard to enumerate, if they are not included in the definition of "hard to enumerate"; (d) activities planned and associated costs to reach each of these populations, including tentative schedules, source and number of anticipated staff, and materials and other information which would provide a clear understanding of the promotional program; (e) the amount of the grant requested and the sources and amounts of matching funds; (f) a plan for the final accounting and evaluation of the promotion program; (g) the signature of the highest ranking official for each county, municipality or association making application for the grant or for each municipality included within a group making application for the grant; and (h) the name and title of the project coordinator who is responsible for the overall effort, if the application is made by an applicant other than a single county or municipality. Provide that DOA may reject any application which does not appropriately meet all of these requirements.
Application and Payment Dates. Provide that DOA would have to receive grant applications no later than the 30th day after the general effective date of the budget bill. Require that DOA announce the grant awards on or before the 15th day after the application deadline and pay 60% of each grant at the time of award. Require each grant recipient to provide a certified final accounting and submit a report on the accounting together with its request for final payment to DOA by July 15, 2000. Require DOA to make the final 40% payment of the grant when the final accounting has been satisfactorily completed.
Veto by Governor [E-5]: Delete requirement that applications must be received within 30 days after the general effective date of the budget bill.
[Act 9 Sections: 28am, 28an, 510m, 9101(19wx)&(19wy) and 9401(7wx)]
[Act 9 Vetoed Section: 9101(19wx)]
13. WTCS CAPACITY BUILDING PROGRAM
GPR $5,000,000
Conference Committee/Legislature: Provide $5,000,000 in 2000-01 in a new annual appropriation under DOA for grants to the Wisconsin Technical College System (WTCS) districts to develop or expand programs in occupational areas where there is high demand for workers and to make capital expenditures necessary for such development or expansion, as determined by the Secretary of DOA. Require DOA to establish by rule criteria for the evaluation of applications from WTCS districts.
[Act 9 Sections: 40t, 531p and 898]
ADOLESCENT PREGNANCY PREVENTION AND
PREGNANCY SERVICES BOARD
Budget Change Items
GPR $6,600
1. STANDARD BUDGET ADJUSTMENTS
Governor/Legislature: Provide $3,300 annually for adjustments to the Board's base budget for: (a) full funding of salaries and fringe benefits ($3,200 annually); and (b) full funding of charges for financial services ($100 annually).
2. SUPPORT PROGRAMS WITH TANF FUNDS [LFB Paper 1113]
Governor: Provide $439,300 PR annually and delete $439,300 GPR annually to fund grants awarded by the Board with TANF funds transferred from DWD, rather than GPR, as provided under current law. Repeal the current GPR appropriation for grants and create a PR appropriation for interagency and intra-agency aids that would authorize the Board to expend up to $439,300 PR annually for grants. Delete references to grant amounts for fiscal years 1997-98 and 1998-99. The Board distributes these grants to organizations to provide adolescent pregnancy prevention programs or pregnancy services that include health care, education, counseling and vocational training.
Joint Finance/Legislature: Modify the bill as follows: (a) for grants, provide $87,900 GPR annually and reduce TANF (PR) funds by a corresponding amount; (b) for the Board's operations, provide $89,800 PR annually and reduce GPR by a corresponding amount and convert 1.2 GPR positions to 1.20 PR positions supported by TANF (PR) funds, beginning in 1999-00; (c) retain the GPR grants appropriation; and (d) create a PR state operations appropriation. Under this provision, both the Board's grants and state operations would be supported 80% with TANF (PR) funds and 20% with GPR.
[Act 9 Sections: 370g, 370m, 371, 475 and 1120]
AGRICULTURE, TRADE AND CONSUMER PROTECTION
Budget Change Items
Funding Positions
GPR $792,400 0.00
FED - 106,600 - 1.00
PR - 375,400 0.00
SEG 172,100 0.00
Total $482,500 - 1.00
1. STANDARD BUDGET ADJUSTMENTS
Governor/Legislature: Provide $233,900 in 1999-00 and $248,600 in 2000-01 for adjustments to the base budget for: (a) turnover reduction (-$289,800 GPR and -$109,600 PR annually); (b) removal of noncontinuing items (-$70,000 GPR and -$53,300 FED with -1.0 FED position annually); (c) full funding of salaries and fringe benefits ($715,000 GPR, -$91,300 PR and $61,500 SEG annually); (d) full funding of financial services ($6,100 GPR, $9,200 PR and $3,100 SEG annually); (e) reclassifications ($20,600 GPR and $16,500 SEG in 1999-00 and $27,600 GPR and $24,200 SEG in 2000-01); and (f) fifth vacation week as cash for certain long-term employees ($10,800 GPR, $4,000 PR and $1,100 SEG annually).
2. DRAINAGE BOARD GRANTS AND REQUIREMENTS [LFB Paper 210]
Governor: Provide $750,000 GPR each year in an annual appropriation for local assistance grants to drainage boards. County drainage boards are responsible for operating drainage districts, which drain land through the use of ditches, tiles, dikes and culverts on public as well as private property. Funding from the appropriation would be limited to 60% of board costs to comply with current drainage district laws and proposed administrative rules, including possibly requiring drainage district map development. DATCP would be required to promulgate rules for the administration of the grants. The bill would allow DATCP to promulgate emergency rules, to last for up to 150 days with extensions totaling no more than 120 days, for the proposed grant program without a finding of emergency.
Joint Finance: Delete $750,000 in 1999-2000 and $250,000 in 2000-01. Retain $500,000 in 2000-01 for local assistance grants to county drainage boards for up to 40% of board costs to comply with drainage district requirements. Sunset the program on June 30, 2004. Further, delete the provision allowing DATCP to promulgate emergency rules without a finding of emergency.
Assembly: Allow DATCP to provide grants to county drainage boards for up to 60% of board costs to comply with drainage district requirements. Further, extend the sunset of the grant program by two years to June 30, 2006.
Specify that a district drain is not navigable unless a United States Geological Survey map or other equally reliable scientific evidence shows that the drain was a navigable stream before it became a district drain.
Allow county drainage boards to place structures or deposits in a district drain without a DNR permit if, after consulting with DNR, DATCP either specifically approves the placement or the structure or deposit is required by DATCP rule to conform to approved drain specifications, unless the district drain has been designated a class 1 trout stream prior to the effective date of the bill. Further, allow county drainage boards to clean material from a district drain without a DNR permit as long as the removal is required by DATCP rule, after consulting with DNR, to conform to drain specifications, unless the district drain has been designated a class 1 trout stream prior to the effective date of the bill. Require county drainage boards to operate, repair and maintain dams and other structures in district drains in accordance with DATCP rules and Chapter 88 (Drainage of Lands) of the statutes. Further, allow DNR to operate, repair and maintain the dams in the interest of drainage and conservation if the drainage board fails to do so. Eliminating some permit requirements for drainage boards would decrease fee revenues to DNR.
Conference Committee/Legislature: As adopted by the Assembly, allow DATCP to provide grants to county drainage boards for up to 60% of board costs to comply with drainage district requirements. Further, extend the sunset of the grant program by two years to June 30, 2006.
Modify the remainder of the Assembly provisions (the second and third paragraphs) to pertain only to the Outagamie Drainage District No. 6, also known as the Duck Creek Drainage District.
[Act 9 Sections: 184, 785dd thru 785dp, 792m, 802mg, 802mr, 867xu thru 867xw and 1876m thru 1877p]
3. NONPOINT AND LAND AND WATER RESOURCE MANAGEMENT PROGRAMS [LFB Paper 705]
Governor: Provide an increase in general obligation bonding authority of $3,575,000 for the soil and water resource management grant program. Funds would provide grants for such activities as regulatory animal waste response projects and agricultural shoreland management projects. $3,000,000 in bonding was provided in the 1997-99 budget.
Joint Finance: Require that county land conservation committees (LCC) annually prepare a single grant request describing staffing needs and land and water resource management (LWRM) plan activities for all county activities under Chapter 92 (Soil and Water Conservation and Animal Waste Management) and s. 281.65 (Financial assistance; nonpoint source water pollution abatement). Require DATCP, in concert with DNR, to prepare a single grant for each county with DATCP providing basic allocation funding to counties for cost shares and staffing. Require DATCP and DNR to seek the transfer of funds (under a s. 13.10 approval process by the Joint Committee on Finance) from the DNR GPR appropriation for nonpoint source grants and/or the DNR SEG appropriation from the nonpoint account of the environmental fund for nonpoint source grants to the DATCP soil and water resource management GPR appropriation or soil and water resource management SEG appropriation to be used for county basic allocation staffing in priority watershed projects. Allocate all funding based on revised LWRM plans that are reviewed, approved or disapproved by DATCP.
Further, delete $100,000 annually and the appropriation for animal waste management regulatory grants where funding was transferred from DNR's nonpoint appropriations. Grants would be funded through county allocations from DNR and DATCP nonpoint related funding.
Assembly/Senate/Legislature: Transfer $3,500,000 GPR and $2,521,300 SEG in 2000-01 from the nonpoint account of the environmental fund from DNR's nonpoint grant appropriations to DATCP's soil and water resource management GPR and SEG appropriations to be used for county basic allocation staffing in priority watershed projects. Additionally, create 3.0 positions at DATCP for nonpoint program implementation and transfer $170,000 SEG in 1999-00 and $190,000 SEG in 2000-01 from DNR's nonpoint grant appropriation to DATCP's soil and water resource management SEG appropriation. [See "Natural Resources -- Water Quality" for further information on the nonpoint program redesign.]
Veto by Governor [B-48]: Delete the requirement that DNR and DATCP submit a schedule to the Joint Finance Committee for the transfer of funds from the DNR GPR appropriation for nonpoint source grants and/or the DNR SEG appropriation from the nonpoint account of the environmental fund for nonpoint source grants to the DATCP soil and water resource management GPR appropriation or soil and water resource management SEG appropriation to be used for county basic allocation staffing in priority watershed projects.
[Act 9 Sections: 1p, 188f, 322p, 323v, 637, 1909p thru 1926ym, 2487p thru 2487t, 2521e thru 2524s and 3101m]
[Act 9 Vetoed Section: 1r]
4. LOCAL ORDINANCE ASSISTANCE
Assembly/Legislature: Require DATCP to provide technical assistance to county land conservation committees and local units of government for the development of any local ordinance that implements agricultural performance standards. Specify that the technical assistance includes preparing model ordinances, providing data concerning these standards and reviewing draft ordinances for compliance with applicable state laws.
[Act 9 Section: 1909m]
5. LAND AND WATER RESOURCE ENGINEER STAFF
Positions
GPR 1.00
Governor/Legislature: Transfer $65,400 GPR in 1999-00 and $80,000 in 2000-01 from DATCP's soil and water resource management grant program appropriation to the program's general operations appropriation for 1.0 engineering position to provide training, consultation and oversight to county conservation staff for an 18-county area in Northern Wisconsin.
6. CONSERVATION RESERVE ENHANCEMENT PROGRAM [LFB Paper 266]
Building Commission: Allocate funding from the Warren Knowles-Gaylord Nelson stewardship program and the reauthorized stewardship program to enable the state to participate in the federal Conservation Reserve Enhancement Program (CREP). Under CREP, financial incentives are provided to encourage farmers to enroll in ten- to 15-year voluntary contracts to remove land from agricultural production to improve water quality, erosion control and wildlife habitat in specific geographic areas. States are expected to provide at least 20 percent of the cost of the program.
Require DNR to submit a report to DATCP before September 30, 1999, in which DNR must identify an amount greater than $4,000,000 from the Warren Knowles-Gaylord Nelson stewardship program that can be expended by DATCP for the state conservation reserve enhancement subprogram. Require DNR to specify the components of stewardship from which the amounts identified will be taken. Prohibit DNR from committing any of the amounts identified in the report during the period from the date the report is submitted until June 30, 2000.
Require DATCP to identify the component of stewardship from which any amount committed for expenditure comes. Prohibit the sum of the amounts committed for expenditure for each component by DATCP to exceed the amounts identified by DNR. Require DATCP to commit these moneys for expenditure before July 1, 2000. Require DATCP, on or after July 1, 2000, to transfer the amount equal to the amount committed for expenditure from the state conservation reserve enhancement subprogram of the reauthorized stewardship program to the other subprograms that correspond to the purposes originally identified by DNR. After June 30, 2000, allow DNR to expend any amounts identified in the report not committed by DATCP on the identified components.
In addition, allocate the following base amounts for the state CREP subprogram: (a) $8 million in 2000-01; (b) $12 million in 2001-02; (c) $10 million in 2002-03; (d) $10 million in 2003-04. Specify that if the total amount obligated for the state CREP subprogram on June 30, 2004, is less than $40 million that DATCP may expend the unobligated amount in one or more subsequent fiscal years.
The administration estimates that this state funding could leverage up to an additional $200 million in federal funds for the program.
Joint Finance: Delete provision. Instead, provide $1.1 million GPR in 1999-00 and $1.4 million in 2000-01 in a biennial appropriation to DATCP for state participation in CREP.
Assembly: Specify that DATCP would administer the CREP subprogram of stewardship with a total bonding authorization of $26.3 million (in addition to the $2.5 million GPR provided by Joint Finance). Allow DATCP to transfer a portion of the available bonding authority in a given year to any of the other subprograms if the Board of Agriculture, Trade and Consumer Protection finds that: (a) insufficient moneys are available in the other subprograms for the project or activity; (b) the land involved in the project or activity covers a large area or the land is uniquely valuable in conserving the natural resources of the state; and (c) delaying or deferring all or part of the cost to a subsequent fiscal year is not reasonably possible. Allow DATCP to transfer all or a portion of the unobligated bonding authority after July 1, 2003, if the Board finds that those three conditions apply.
Senate/Conference Committee: Rather than the Assembly provision, provide $40 million in general obligation bonding and delete $1.1 million GPR in 1999-00 and $1.4 million GPR in 2000-01 to enable DATCP to participate in CREP. Require that at least 50% of the acres enrolled in the program be under permanent easements. In addition, specify that after the first 50,000 acres of land have been enrolled in CREP, if less than 50% of the acreage is under permanent easement, DNR and DATCP are required to evaluate the effectiveness of CREP to determine if the program is meeting its water quality and wildlife habitat objectives. The agencies would report the results of the review to the appropriate standing committees of the Legislature. Specify that only the minimum federal eligibility standards, with respect to production and land ownership, need to be met in order for landowners to participate in CREP. Provide that CREP be structured in such a way that greater incentives be provided for permanent easements using fair market value than for temporary contracts and for landowners who provide public access on enrolled land. Require that state funds be utilized for commitments for a period to exceed the federal CRP contract length and be at least 20 years. Prohibit a person from using land enrolled in CREP for a licensed bird, fur, deer or game farm.
In addition, specify that willing counties and nonprofit organizations coordinate negotiation of CREP contracts and easements and land management plans with the assistance of DATCP and DNR. Specify that DATCP and DNR would provide this coordination if not provided by a county. Specify that DNR and DATCP jointly hold all easements under CREP.
Further, require that at least 30,000 acres of land enrolled in CREP (or 30% if less than 100,000 acres in total are authorized for the program) be designated as grassland wildlife habitat areas. Require the Blue Mounds Area (in Iowa, Dane and Green Counties), the Prairie Chicken Range (in Portage, Clark, Taylor and Marathon Counties) and the Western Prairie Area (in St. Croix and Polk Counties) be included as habitat areas. Specify that parcels in the identified areas need not have a riparian connection to be enrolled in CREP. Require that CREP be structured in a way so as to provide a bonus for adjacent property owners to enroll in permanent easements in the grassland project areas. Require that participants receive a bonus for choosing a CREP conservation practice that requires restoration of native tall grass prairie.
Veto by Governor [B-1]: Delete provisions, except funding. The act allows DATCP to expend $40 million in general obligation bond revenues to improve water quality, erosion control and wildlife habitat through participation in the CREP program as approved by the USDA Secretary.
[Act 9 Sections: 183tm, 628, 628b, 637e and 1933gm]
[Act 9 Vetoed Section: 1933gm]
7. FARMLAND PRESERVATION MODIFICATIONS AND ACREAGE CREDITS [LFB Papers 866 and 867]
Governor: Modify the formula used to compute farmland preservation credits, effective with claims filed for tax years beginning after December 31, 2000. Sunset the farmland preservation credit program, with no new credits to be paid for a tax year that begins after December 31, 2002. Further, make numerous modifications to the farmland preservation agreement, exclusive agricultural zoning and soil and water conservation requirements of the farmland preservation program, including eliminating the requirement that a 35-acre parcel is the minimum parcel size required for exclusive agricultural zoning. Create a farmland preservation acreage income tax credit for the sale of development rights that would preserve farmland and green space. The credit would first be available in tax years beginning after December 31, 1998. Allow a claimant to receive both a farmland preservation credit and a farmland preservation acreage credit. Specify that no new claims for the acreage credit could be made for a tax year beginning after December 31, 2002.
