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]
COMMERCE
Budget Change Items
Departmentwide and Economic Development
Funding Positions
GPR $217,100 - 1.00
FED 398,700 - 2.00
PR 139,800 - 3.00
SEG - 608,600 0.00
Total $147,000 - 6.00
1. STANDARD BUDGET ADJUSTMENTS
Governor/Legislature: Provide annual adjustments of $69,900 PR, -$304,300 SEG, -1.0 GPR position, -2.0 FED positions and -3.0 PR positions. Further, provide $107,900 GPR and $222,800 FED in 1999-00 and $109,200 GPR and $175,900 FED in 2000-01 for standard budget adjustments. Adjustments are for (a) turnover reduction (-$74,500 GPR, -$235,700 PR and -$59,600 SEG annually); (b) removal of noncontinuing items (-$56,000 FED in 1999-00 and -$104,300 FED in 2000-01 and -$200,300 SEG, -2.0 FED, -1.0 GPR and -3.0 PR positions annually); (c) full funding of salaries and fringe benefits ($158,300 GPR, $271,500 FED, $180,300 PR and -$53,500 SEG annually); (d) full funding of financial services ($3,200 GPR, $4,800 PR and $700 SEG annually); (e) position reclassifications ($6,400 GPR and $4,100 FED in 1999-00 and $7,700 GPR and $5,500 FED in 2000-01 and $200 PR and $3,100 SEG annually); (f) overtime ($95,800 PR annually); and (g) fifth week vacation as cash ($14,500 GPR, $3,200 FED, $24,500 PR and $5,300 SEG annually). In total, changes due to standard budget adjustments would increase funding by $96,300 in 1999-00 and $50,700 in 2000-01. Total position authority would be reduced by 6.0 annually.
2. BROWNFIELDS GRANT PROGRAM [LFB Paper 1112]
Governor: Expand the brownfields grant program to add a new component for financial assistance to persons, municipalities or local development corporations for brownfields redevelopment and associated environmental remediation projects which provide jobs primarily to individuals who are eligible to benefit from federal Temporary Assistance to Needy Families (TANF) funding.
Under the new component, Commerce could award a grant to a person, municipality or local development corporation if:
a. The recipient uses the grant proceeds for brownfields redevelopment and related environmental remediation projects;
b. The party that caused the environmental contamination and any person who possessed or controlled the environmental contaminant before it was released is unknown, cannot be located or are financially unable to pay the cost of brownfields redevelopment or associated environmental remediation activities;
c. The recipient contributes the required match to the cost of the project; and
d. The recipient will use the grant proceeds to create or retain jobs, of which at least 80% will be filled by individuals who are parents of minor children and whose family income does not exceed 200% of the poverty line. [Items (a) through (c) are current law requirements.]
In awarding the grants, the Department would be required to consider the following criteria: (a) the potential of the project to promote economic development in the area; (b) the number of jobs likely to be created or retained; (c) whether the project will have a positive effect on the environment; (d) the amount and quality of the recipient's contribution to the project; and (e) the innovativeness of the recipient's proposal for remediation and redevelopment. If possible, the Department would weight the criteria by applying a 50% weight to the first two criteria, a 25% weight to the third criterion, a 15% weight to the fourth criterion and a 10% weight to the fifth criterion.
A total of $5,000,000 PR in federal TANF funds would be provided annually through a new, program revenue continuing appropriation. Current funding limits for the brownfields grant program would be modified to reflect the additional funds. Consequently, total brownfields grant program funds would be required to be annually allocated as follows: (a) $3,000,000 in grants that do not exceed $300,000; (b) $3,000,000 in grants that are greater than $300,000 but do not exceed $700,000; and (c) $4,000,000 in grants that are greater than $700,000 but do not exceed $1,250,000. (Currently, the maximum total amount of grants that can be made for each level of awards is $750,000, $1,750,000 and $2,500,000, respectively.) The maximum grant would remain $1,250,000. In addition, the current provision that annually seven grants be made to municipalities with populations of less than 30,000 would be expanded to require 14 grants to municipalities with populations of less than 50,000.
Commerce would be required to promulgate rules to establish the hours and benefits of employment for eligible low-income individuals who fill project jobs. Applicants for grants would be required to include in the grant application a plan for creating jobs, including those jobs that would be created for eligible low-income individuals.
The Brownfields Grant program was created in the 1997-99 biennial budget to provide financial assistance to persons (individuals, partnerships, corporations, or limited liability companies), municipalities and local development corporations that conduct brownfields redevelopment and related environmental remediation projects. Brownfields are abandoned, idle or underused industrial or commercial facilities or sites, the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination. Brownfields redevelopment includes any work or undertaking to: (a) acquire a brownfields facility; and (b) raze, demolish, remove, reconstruct, renovate or rehabilitate the facility or existing buildings, structures or other improvements at the site. The redevelopment project must be for promoting the facility or site for commercial, industrial or similar economic development purposes.
Grant recipients are required to provide cash or in-kind matches equal to a certain percent of project costs as follows: (a) 20% for grants of $300,000 or less; (b) 35% for grants between $300,000 and $700,000; and (c) 50% for grants between $700,000 and $1,250,000.
Base level funding of $5,000,000 SEG annually from the environmental fund is appropriated for brownfields grants.
Joint Finance: Delete the new component of the program to provide grants for projects which would create jobs for TANF eligible individuals, TANF funding and the program revenue appropriation. Instead, provide an additional $800,000 SEG in 1999-00 and $1,400,000 SEG in 2000-01 for the existing brownfields grant program. (Revenue would be provided from a $1 title fee increase in the vehicle environmental impact fee.) In addition, the following changes would be made to the current Commerce brownfields grant program:
a. Commerce would be required to award one-half of the annual brownfields grant funding for projects, such as recreational or housing development, that are scored without considering the number of jobs created by the project;
b. Commerce would be authorized to award grant funding for projects that address area-wide groundwater contamination;
c. Grant applicants would be required to document that they were unable to secure funding that was sufficient to support the project from another source; and
d. Grant recipients would be specifically authorized to be awarded other state grants or loans if they were eligible.
Senate: Include Joint Finance provision and, in addition, require Commerce to make a grant of $100,000, under the Brownfields Grant program, to a person for cleanup of a brownfields site in the City of Kenosha and for development of the cleaned-up site as a park if all of the following applied:
a. The person submits a plan to Commerce detailing the proposed use of the grant and the Secretary of Commerce approves the plan;
