Veto by Governor [E-8]: Delete provision.
[Act 9 Vetoed Sections: 3hg and 105m]
22. DEBT SERVICE PROJECTION REPORT [LFB Paper 251]
Joint Finance/Legislature: Require that DOA include projections relating to the long-term trends in debt service as a proportion of general fund tax revenues in the building program recommendations that are submitted to the Joint Committee on Finance in April of each odd-numbered year. Specify that this estimate reflect all of the proposed bonding in the budget bill, including the building program as well as other borrowing purposes.
[Act 9 Sections: 2r and 65m]
23. WAUSAU STATE OFFICE BUILDING STUDY
Joint Finance/Legislature: Direct the State Building Commission to conduct a study on the feasibility of constructing a state office facility in the Wausau area to consolidate state employe staff. Require that a report on the study’s findings and recommendations be submitted to the Legislature by July 1, 2000.
Veto by Governor [E-10]: Delete provision.
[Act 9 Vetoed Section: 9107(8m)]
[LRBb0044/1 Section: 49]
CHILD ABUSE AND NEGLECT PREVENTION BOARD
Budget Change Items
1. STANDARD BUDGET ADJUSTMENTS
PR - $11,000
Governor/Legislature: Reduce the Board's base budget by $5,500 annually to reflect: (a) the removal of noncontinuing items (-$11,600 annually); (b) full funding of salaries and fringe benefits ($5,400 annually); (c) full funding of charges for financial services ($300 annually); and (d) full funding of rental costs ($400 annually).
2. MISCELLANEOUS ADJUSTMENTS
PR $26,300
Governor/Legislature: Provide $6,600 in 1999-00 and $19,700 in 2000-01 to fund: (a) pay plan increases ($5,400 in 1999-00 and $10,800 in 2000-01); (b) health insurance premiums ($1,200 in 1999-00 and $1,800 in 2000-01); and (c) the 27th pay period in 2000-01 ($7,100 in 2000-01).
3. CELEBRATE LICENSE PLATE REVENUE [LFB Paper 275]
Governor: Provide $30,000 in 1999-00 and $80,000 in 2000-01 to reflect reestimates of the amount of funding available from the Children's Trust Fund to support the Board's activities due to revenue from fees collected from the sale of a special license plate. Further, authorize the Board to expend all moneys credited to the Children's Trust Fund from fees collected from the sale of the license plate in order to support: (a) grants to prevent child abuse and neglect; (b) the actual and necessary operating costs of the Board; and (c) statewide projects to prevent child abuse and neglect. Require the Board to use revenue from the sale of the special plate, like other moneys deposited to the Trust Fund, in accordance with the wishes of the donor. Further, specify that the license plate will have the words "Celebrate Children" on it, rather than "Children First" as required under current law.
Under current law, the Board is required to solicit and accept contributions, grants, gifts and bequests for the Children's Trust Fund. Further, with the exception of fees collected from the sale of the special license plate, the Board is authorized to expend funds in the Trust Fund in accordance with the wishes of the donor to award grants, fund the actual and necessary operating costs of the Board and for statewide projects to prevent child abuse and neglect. All fees collected from the sale of the plate are required to accumulate indefinitely in the Trust Fund.
Joint Finance/Legislature: Delete the Governor's recommendations, except the provision which would specify that the special license plate has the words "Celebrate Children" on it. Further, increase revenue available to the Children's Trust Fund by $15,000 in 1999-00 and $24,800 in 2000-01 to reflect a reestimate of the amount of revenue available from the sale of the license plate.
[Act 9 Sections: 369d, 1199d, 1200d and 2729]
4. FAMILY RESOURCE CENTERS
PR $680,000
Joint Finance/Legislature: Provide $340,000 annually from federal TANF funds transferred from DWD to increase funding for the 17 family resource centers that currently receive grants. Under this provision, the grant award for each of these family resource centers would increase from $80,000 to $100,000 annually.
[Act 9 Sections: 475 and 1278g]
CIRCUIT COURTS
Budget Change Items
Funding Positions
GPR $6,219,800 13.00
1. STANDARD BUDGET ADJUSTMENTS
Governor/Legislature: Provide $3,109,900 and 13.0 positions annually for the following: (a) full funding of salaries and fringe benefits ($3,091,300 and 13.0 positions annually); (b) full funding of financial services charges ($3,100 annually); and (c) fifth week vacation as cash ($15,500 annually). Full funding of salaries and fringe benefits includes: (a) circuit court judges' 1997-99 pay increases not reflected in the adjusted base; (b) funding and 13.0 positions for the six new circuit court branches created in 1997 Act 203, effective August 1, 1999; and (c) other full funding adjustments.
2. REPEAL OF COURT INTERPRETER FEES APPROPRIATION [LFB Paper 896]
PR - $90,000
Governor: Delete $45,000 annually and repeal the program revenue appropriation for court interpreter fee reimbursement to counties. This appropriation was created in 1997 Act 27 to supplement GPR funds with program revenues from certain court fees deposited to the Circuit Court Automation Program (CCAP). According to the Director of State Courts, program revenues have been insufficient to support this appropriation and expenditure authority, therefore, is not being used. Under the bill, county reimbursement for court interpreter fees would continue to be funded through a GPR appropriation of $188,800 annually.
Joint Finance/Legislature: Modify the court information systems (CCAP) appropriation language and schedule title to reflect the repeal of the court interpreter fees program revenue appropriation.
[Act 9 Sections: 599 and 605]
3. DELETION OF OBSOLETE APPROPRIATION [LFB Paper 281]
PR - $320,000
Joint Finance/Legislature: Delete $160,000 annually and repeal the appropriation for drug court costs; local assistance. 1991 Act 39 (the 1991-93 biennial budget act) created an appropriation under the Circuit Courts, with a sunset date of June 30, 1993 (later extended to June 30, 1997), to receive anti-drug abuse monies administered by the Office of Justice Assistance to reimburse Milwaukee County for certain operating costs of a speedy trial drug court.
[Act 9 Section: 598x]
4. LEGAL CUSTODY AND PHYSICAL PLACEMENT STUDY SERVICES FEE INCREASE
Joint Finance/Legislature: Increase the fee charged for legal custody and physical placement study services from $300 to $500, to first apply to studies ordered on the effective date of the bill. Currently, a county or two or more contiguous counties are statutorily required to provide legal custody and physical placement study services in family court actions. These studies may be ordered whenever legal custody or physical placement of a minor child is contested and mediation is not used or does not result in agreement between the parties, or at any other time the court considers it appropriate. The county determines when and how to collect the fee for the study, and the fee is deposited into a separate county account for the exclusive purpose of providing mediation services and studies in family court actions.
Veto by Governor [D-1]: Delete provision.
[Act 9 Vetoed Sections: 3096m and 9309(3t)]
5. FILING FEE EXEMPTION FOR TERMINATION OF PARENTAL RIGHTS AND ADOPTION CASES
Joint Finance/Legislature: Exempt parties filing an action in termination of parental rights (TPR) and adoption cases from the requirement to pay a filing fee, to first apply to actions commenced on the effective date of the bill.
[Act 9 Sections: 3095n, 3095p, 9309(1w) and 9309(1x)]
6. REPORT ON RESERVE JUDGES
Joint Finance/Legislature: Require the Director of State Courts to submit a report regarding the recruitment, retention and compensation of reserve judges to the Governor, Joint Committee on Finance and appropriate standing committees of the Legislature by October 1, 2000.
[Act 9 Section: 9146(1w)]
7. ADDITIONAL JUDGESHIP FOR WAUPACA COUNTY
Funding Positions
GPR $161,800 2.00
Assembly/Legislature: Provide $161,800 and 2.0 positions in 2000-01 and create an additional judgeship in Waupaca County beginning August 1, 2000. Provide that the initial election for the Circuit Court judge be at the Spring election of 2000. Waupaca County currently has two circuit court branches. Funding includes salaries and fringe benefits for a judge and a court reporter ($160,200) and legal publications ($1,600). Of the amount provided, $1,400 is one-time funding. [See "Supreme Court" for circuit court automation funding provided for this additional judgeship.]
[Act 9 Sections: 3049m, 9109(1g), 9109(1h) and 9109(1i)]
8. JUDICIAL SUBDISTRICTS
Senate: Create three additional circuit court branches in Milwaukee County and authorize an additional 9.0 GPR positions, effective August 1, 2001 (3.0 GPR judge positions and 6.0 GPR court reporter positions) to increase the number of circuit court branches within Milwaukee County to 50 branches.
Effective January 1, 2001, create 25 judicial subdistricts in Milwaukee County, the boundaries of which would be the same as the boundaries of the supervisory districts for the election of the Milwaukee County Board of Supervisors and would take the same numbers as the supervisory districts. Require the circuit court judges for each of the odd-numbered branches in Milwaukee County to be elected in judicial subdistricts (numbered one to 25). At each applicable election following the effective date, require one circuit judge to be elected from each of the 25 judicial subdistricts by electors of that subdistrict and require that the judge reside in the subdistrict from which he or she is elected.
Require that the number of districts and supervisors created under any tentative county supervisory district plan developed no later than July 1 following the year of each decennial census equal the number of odd-numbered branches in Milwaukee County.
Within 30 days from when the number of branches or boundaries of supervisory districts in Milwaukee County changes, require the Milwaukee County Board of Supervisors to create, by ordinance, revised judicial subdistricts so that each odd-numbered circuit branch has a judicial subdistrict, and the boundaries of each judicial subdistrict are concurrent with the boundaries of one county supervisory district.
Require a separate ballot for the office of circuit judge elected from a judicial subdistrict in Milwaukee County in both the spring primary and election ballots. Require the spring primary ballot to be titled "Official Ballot for the Office of Circuit Judge." Require the arrangement of the names on the spring primary and election ballots be determined in the same manner currently used for other court-related elections. Exempt ballots for judges elected from Milwaukee County subdistricts from: (a) stating the number of judges to be elected and the number of candidates for whom each election may vote when two or more judges of the same court are to be elected; and (b) showing each circuit court branch to be filled by each candidate.
Conference Committee/Legislature: Delete provision. Instead, establish a committee to study judicial subdistricts and other methods of judge selection that would result in increased racial and ethnic diversity of the judges in the courts. Require the study committee to be comprised of nine members as follows: (a) the Chief Justice of the Supreme Court; (b) the Chief Judge of the Milwaukee County Judicial Administrative District serving as vice chair; (c) three additional judges to be appointed by the Chief Justice, with at least one judge being a member of a minority group; and (d) four public members, appointed by the Governor, with at least two of the members being from a minority group. Provide that the Governor would designate the chair of the study committee. Require the study committee to submit a report of its findings and recommendations to the appropriate Senate and Assembly standing committees, the Governor and the Supreme Court by December 31, 2000. Direct the Director of State Courts Office to provide staff services to the study committee. Provide that members of the study committee be reimbursed for their actual and necessary expenses incurred in performing their duties as members of the study committee from the Supreme Court's general program operations appropriation.
[Act 9 Section: 9146(2f)]
9. CIRCUIT COURT SUPPORT GRANTS
GPR $4,500,000
Conference Committee/Legislature: Provide $2,250,000 annually to increase the base circuit court support grants to counties. The adjusted base for the circuit court support grant program is $16,489,600 GPR. Circuit court support grants partially reimburse counties for county court costs excluding security, rent, utilities, maintenance, remodeling or construction. Currently, county payments under the grant program are determined as follows: (a) each county receives a base grant of $32,900 per branch (judge); (b) each county with one or fewer circuit court branches receives an additional $10,000 each year; and (c) counties with more than one circuit court branch receive a payment equal to the county's proportion of the state population times the amount remaining after funding for base grants and grants to counties with one of fewer branches have been allocated. Increase the base grant to each of the circuit court branches by $9,375 so that counties would receive a base grant of $42,275 per year for each circuit court branch.
[Act 9 Sections: 3051m, 3051mp and 9109(2f)]
10. SERVICE AND SIGNING OF MUNICIPAL COURTS SUMMONS AND MUNICIPAL COURT HEARINGS
Senate/Legislature: Authorize personal service of a summons commencing an action in municipal court by any adult who is a resident of the state where the service is made and who is not party to the action. Under current law, personal service of a summons must be by a municipal employe. In addition, authorize the prosecuting attorney in the municipal court action to sign a summons. Currently, municipal judges have the authority to sign a summons.
Authorize municipal courts to conduct initial appearance hearings by telephone or by interactive and audio transmission if: (a) the defendant consents (the consent may be by telephone); and (b) good cause to the contrary of using such means of communication is not shown. When testimony is to be taken under oath, require the proceeding to be reported by a court reporter who is in simultaneous voice communication with all parties of the proceeding. Require that regardless of the physical location of any party to the call, any plea, waiver, stipulation, motion, objection, decision, order or other action taken by the court or any party shall have the same effect as if made in open court. Except for scheduling conferences, pretrial conferences and, during hours the court is not in session, require the proceeding to be conducted in a courtroom or other place accessible to the public. Require that persons entitled to attend the proceeding be provided with simultaneous access by means of a loudspeaker or, upon request to the court, a telephone without charge.
[Act 9 Sections: 3073m, 3075m and 3078g]
