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;
b. The person enters into a written agreement with the Department that specifies the conditions for use of the grant proceeds, including reporting and auditing requirements;
c. The person agrees in writing to submit to Commerce within six months after spending the entire amount of the grant a report detailing how the grant proceeds were used.
The Department could not make a grant under these provisions after June 30, 2001.
Conference Committee/Legislature: Include Senate provisions. In addition, delete the Joint Finance provisions related to the brownfields grant program that would: (a) require Commerce to make 50% of awards for projects, like recreation or housing, that would be scored without considering the number of jobs created, and (b) require applicants to document their inability to obtain funding from other sources. Instead, beginning in 2000-01 in awarding grants, the Department would be required to reduce the weight accorded to job creation in scoring grant applications by a factor that was approximately 50% lower than that same factor in previous award periods. In addition, in 2000-01, the Department would be required to award $1.4 million for projects that were evaluated without considering the number of jobs created by the projects. Finally, provide that awards of Round III brownfields grants be limited to those who submitted applications by the original deadline established by Commerce (April 16, 1999).
3. GAMING ECONOMIC DEVELOPMENT AND DIVERSIFICATION GRANT AND LOAN PROGRAMS [LFB Paper 161]
Veto by Governor [B-17]: Veto provision as follows: (a) delete authority to award brownfields grants for projects that address area-wide groundwater contamination; (b) delete the requirement that the weight given to job creation in scoring grant applications be reduced; and (c) by striking the "1," reduce from $1.4 million to $400,000, the amount that would be awarded in 2000-01 for projects that were evaluated without considering the number of jobs created.
[Act 9 Sections: 195c, 212d, 2944c, 2945c, 2945d, 2945e, 2945m, 2948c, 9110(8gm) and 9310(6bn)]
[Act 9 Vetoed Sections: 195c, 212d, 2937r thru 2939n, 2945m and 9310(6bn)]
Governor: Create a gaming economic development grant and loan program and a gaming economic diversification grant and loan program to provide financial assistance to businesses that are a located in counties that are affected by Native American gaming operations. Of Wisconsin's 72 counties, 52 either have casinos or are adjacent to counties that do. A total of $2,500,000 in 1999-00, $5,500,000 in 2000-01 and 1.0 position in each year would be provided for grants and loans and to administer the programs. Of the amounts appropriated, not more than $100,000 annually could be expended for marketing the programs. Funding, under the bill, would be provided from tribal gaming revenue provided to the state under the recently completed state-tribal gaming compact amendments. [For more information on the proposed use of tribal gaming revenues, see the summary item relating to Tribal Gaming Revenue Allocations under "Administration -- Division of Gaming."]
Gaming Economic Development Grants and Loans. The gaming economic development grant and loan program would provide financial assistance to businesses located in Wisconsin counties in which a casino operated by a federally recognized American Indian tribe or band was located or to businesses located in adjacent counties. Commerce would be authorized to make a grant or loan to a qualified business if it determined that: (a) the business has been negatively impacted by the existence of the casino; and (b) the business has a legitimate need for the grant or loan to improve the profitability of the business.
Two types of awards could be made under the program: (a) a grant of up to $15,000 for professional services; and (b) a grant or loan of up to $100,000 for fixed asset financing. Professional services would include: (a) preparation of preliminary feasibility studies, feasibility studies or business and financial plans; (b) providing a financial package; (c) engineering studies, appraisals or marketing assistance; and (d) related legal, accounting or managerial services. Award recipients would be required to provide a cash match of at least 25% of the cost of the project. Grants or loans could not be made for purposes related to tourism unless the Department of Tourism concurred in the award. Commerce could waive the matching requirement if it determined that the business was subject to extreme financial hardship. The Department would also be authorized to forgive all or any part of a loan made under the program.
The program would be provided $2,500,000 in 1999-00 and $3,000,000 in 2000-01 and 1.0 position in each year to fund grants and loans and to administer both of the gaming grant and loan programs. Of the total amount provided, $114,000 in 1999-00 and $125,900 in 2000-01 would fund the position and related administrative costs. In addition, the Department would be required to make grants to Brown County of $500,000 in 1999-00 and $1,000,000 in 2000-01. (These funds would be provided in the 1999-01 biennium only and would be used to support construction of a new arena.) Consequently, the total amount of funding available for gaming economic development grants and loans would be $1,886,000 in 1999-00 and $1,874,100 in 2000-01.
In addition, gaming economic development loans that were repaid would be placed in a program revenue repayments appropriation and could be used to make additional grants and loans.
Gaming Economic Diversification Grants and Loans. The gaming economic diversification grant and loan program would provide grants and loans beginning in July, 2000, to businesses located in counties in which a casino operated by a federally recognized American Indian tribe was located in this state or to businesses located in adjacent counties. Commerce would be authorized to make a grant or loan to an eligible business for the purpose of diversifying the economy of a community in proximity to a casino. In determining whether to make an award, the Department would be required to consider all of the following: (a) a project's potential to retain or increase the number of jobs; (b) a project's potential to provide for significant capital investment; and (c) a project's contribution to the economy of the community in proximity to the casino and of the state. Grant or loan recipients would be required to provide a cash match equal to 25% of the project's cost. Awards could not be made for tourism related projects unless the Department of Tourism concurred in the award.
Funding of $2,500,000 would be provided in 2000-01 for gaming economic diversification grants and loans. In addition, a separate, program revenue appropriation would be created for loan repayments.
Joint Finance: Include provisions with the following modifications:
a. Provide an additional $2,000,000 PR in 1999-00 for economic development grants and loans;
b. Require Commerce to make annual grants from the gaming economic development grant and loan program of $1 million to the City of Milwaukee for a matching grant program administered by the Milwaukee Economic Development Corporation for remediation and economic redevelopment activities in the Menomonee Valley;
c. Require Commerce to make annual grants from the gaming economic development grant and loan program of $150,000 to the Northwest Regional Planning Commission to match federal or private funds at the rate of $1 of state funding for each $2 of federal or private funds to establish a community-based venture fund;
d. Require the Department of Commerce to make a grant of $299,800 PR in 1999-00 from the gaming economic developing grants and loans appropriation to a city that was required to replace its city well because of federal highway construction (Richland Center);
e. Require that businesses in all counties be eligible for gaming economic development and diversification grants and loans;
f. Create program revenue repayments appropriations as annual; and
g. Specify that Native American businesses are eligible for grants and loans.
Assembly: Modify Joint Finance provisions as follows:
a. Delete $500,000 in 1999-00 in tribal gaming revenues from the gaming economic development grant and loan program. Further, reduce the grant to the City of Milwaukee for remediation and redevelopment activities in the Menomonee Valley from $1,000,00 to $500,000 in 1999-00. Tribal gaming funding of $500,00 in 1999-00 and $1,000,000 in 2000-01 would remain for the Menomonee Valley Grant.
b. Delete $175,500 in 1999-00 and $185,200 in 2000-01 in tribal gaming revenues from the gaming economic development grant and loan program to provide tribal gaming funds to the Governor's Work-Based Learning Board to make grants to tribal colleges.
c. Provide a grant of up to $1,000,000 in 2000-01 from the gaming economic diversification grant and loan program to fund construction of the Swiss Cultural Center in New Glarus. Each $1 in state funding must be matched by $2 from other sources.
Senate: Modify Joint Finance provisions as follows:
a. Require the Department to make annual grants of $350,000 from the gaming economic development grant and loan program to the College of the Menomonee Nation for work-based programs at the College. Commerce would be required to promulgate rules related to the use of grant proceeds and auditing and reporting requirements.
b. Delete the requirement that Commerce provide gaming economic development grants of $500,000 in 1999-00 and $1,000,000 in 2000-01 to Brown County for construction of a new arena.
c. Provide a grant of up to $1,000,000 in 2000-01 from the gaming economic diversification grant and loan program to fund construction of the Swiss Cultural Center in New Glarus. Each $1 in state funding must be matched by $2 from other sources.
d. Delete $125,000 annually in tribal gaming revenues from the gaming economic development grant and loan program to provide funding to the Lac Courte Oreilles Chippewa tribe to develop a law enforcement assistance grant program.
e. Delete $250,000 annually in tribal gaming revenues from the gaming economic development program to provide funding for a position and grants under the DATCP agricultural development and diversification program to Native American aquaculture facilities, the private aquaculture industry or state owned hatcheries for water quality research and other purposes related to aquaculture.
f. Delete $130,000 in tribal gaming revenues in 1999-00 from the gaming economic development grant and loan program to supplement funding provided for a one-time grant to the Town of Swiss in Burnett County and the St. Croix Band of Chippewa for a drinking water study and for engineering design and feasibility activities related to construction of wastewater and drinking water treatment facilities.
Conference Committee/Legislature: Modify Joint Finance provisions as follows:
a. Reduce, from $1.0 million to $900,000, the annual grant from the gaming economic development appropriation to the City of Milwaukee for remediation and redevelopment activities in the Menomonee Valley. In addition, delete $100,000 annually in tribal gaming revenues from the gaming economic development grant and loan program.
b. Delete $250,700 in 1999-00 and $260,400 in 2000-01 in tribal gaming revenues from the gaming economic development grant and loan program to provide tribal gaming funds to the Governor's Work-Based Learning Board (see DWD, Employment, Training and Vocational Rehabilitation Programs for additional information).
c. Provide a grant of up to $1,000,000 in 2000-01 form the gaming economic diversification grant and loan program to fund construction of the Swiss Cultural Center in New Glarus. Each $1 in state funding must be matched by $2 from other sources (see "Building Program").
d. Delete $130,000 in tribal gaming revenues in 1999-00 from the gaming economic development grant and loan program to supplement funding provided for a one-time grant to the Town of Swiss in Burnett County and the St. Croix Band of Chippewa for a drinking water study and for engineering design and feasibility activities related to construction of wastewater and drinking water treatment facilities (see Natural Resources, "Water Quality").
e. Delete $125,000 annually in tribal gaming revenues from the gaming economic development grant and loan program to provide funding to the Lac Courte Oreilles Chippewa tribe to develop a law enforcement assistance grant program.
Veto by Governor [F-25]: Delete the requirement that the Indian gaming economic development grants to the City of Milwaukee and Northwest Regional Planning Commission be annual grants.
[Act 9 Sections: 203, 205, 207 thru 209, 558, 559, 2952, 2953, 2953g, 2953h, 2953i, 9110(1),(6c)&(7h) and 9410(4)&(5)]
[Act 9 Vetoed Sections: 2953g, 2953h and 2953i]
4. NATIVE AMERICAN ECONOMIC DEVELOPMENT APPROPRIATIONS FUNDING CONVERSION [LFB Paper 162]
Funding Positions
GPR - $201,400 - 1.00
PR 201,400 1.00
Total $0 0.00
