22. SAFETY AND BUILDINGS STAFF [LFB Paper 311]
Governor: Provide $438,700 in 1999-2000 and $515,700 in 2000-01 with 7.5 positions in the Division of Safety and Buildings. The positions would include: (a) 1.5 private sewage system plan reviewers for septage management activities; (b) 1.0 wastewater specialist for private onsite wastewater treatment system maintenance tracking; (c) 2.0 building plan reviewers; (d) 1.5 engineering consultants related to fire prevention and suppression review and inspection; (e) 1.0 engineering consultant for audit of certain programs delegated to local governments; and (f) 0.5 environmental health specialist to inspect "sick buildings." The Division develops administrative rules, reviews plans and performs inspections related to construction such as commercial buildings, dwellings, plumbing, private sewage systems, electrical and heating systems and elevators. Program revenue is provided from several plan review and inspection activities. Administration officials indicate that Commerce would promulgate administrative rule changes to increase several fees to generate additional revenue beginning in 2000-01.
Joint Finance/Legislature: Delete $56,400 PR in 1999-00 and $66,000 PR in 2000-01 with 1.0 PR position.
23. PRIVATE ONSITE WASTEWATER TREATMENT SYSTEM TRAINING CENTER [LFB Paper 312]
Governor: Provide $125,000 each year as one-time financing, to establish, in conjunction with the University of Wisconsin-Small Scale Waste Management Project, a private onsite wastewater treatment system (POWTS) training center at the UW Arlington Farm facility. The Department anticipates that POWTS installers and manufacturers would provide an in-kind match of time or equipment valued at up to $250,000 during the 1999-01 biennium. The training center would provide classroom training and demonstrations using real POWTS components and equipment. Training would be available to local government code administrators, plumbers, soil testers, POWTS system designers, homeowners, builders and realtors.
Joint Finance/Legislature: Delete provision.
24. PRIVATE SEWAGE SYSTEM REPLACEMENT OR REHABILITATION GRANT PROGRAM [LFB Paper 431]
Governor: Make the following changes in the private sewage system replacement or rehabilitation grant program. Base level funding of $3,500,000 GPR annually is available for financial assistance to home and small business owners who meet certain income and eligibility criteria, to cover a portion of the cost of repairing or replacing failing private sewage systems.
a. Change the definition of annual family income to federal adjusted gross income of the owner of the failing private sewage system and the owner's spouse instead of the current use of the Wisconsin adjusted gross income. Under the program, a person who owns a principal residence served by a failing private sewage system is eligible for a grant if the owner's annual family income does not exceed $45,000.
b. Provide grant eligibility if the private sewage system serving the principal residence or the small commercial establishment was installed before July 1, 1978, and the owner meets the other eligibility requirements. This would replace the current requirement that the principal residence was constructed and inhabited before July 1, 1978, and is served by a covered private sewage system (one that discharges sewage into surface water, groundwater or bedrock or to drain tile or the surface of the ground) or the small commercial establishment was constructed before July 1, 1978, and is served by a covered system.
c. Add a $3 million private sewage system replacement or rehabilitation no-interest loan program administered by Commerce and DOA for counties to supplement state payments if funding is prorated. (See the entry under the "Environmental Improvement Fund.")
Joint Finance: Approve the Governor's recommendation and provide a delayed effective date to apply to applications received by Commerce on or after February 1, 2000, for the 2001-02 grant cycle. In addition, provide the highest priority for private sewage system replacement or rehabilitation grants for current category one systems that fail by discharging sewage to an outstanding resource water (ORW), as designated by DNR, or to groundwater. Grants for this new category consisting of ORW and groundwater discharge systems would be paid in full before other grants are paid. If there are insufficient funds to provide payments for all priority one grants, these grants would be prorated and no funds would be available for other systems. The remaining current category one systems would become a second priority, be renamed category two, and include systems that fail by discharging sewage to surface water, drain tiles, bedrock or zones of saturated soils. Current category two and three systems would be renumbered three and four.
Senate: Delete the Joint Finance provision that would have provided the highest priority for private sewage system replacement or rehabilitation grants for current category one systems that fail by discharging sewage to an outstanding resource water (ORW), as designated by DNR, or to groundwater. This would return to the current law provision of the highest grant priority for category one systems that fail by discharging sewage to groundwater, surface water, drain tiles, bedrock or zones of saturated soils.
Conference Committee/Legislature: Include Joint Finance provision.
Veto by Governor [B-16]: Delete the requirement that Commerce provide the highest priority for private sewage system replacement or rehabilitation grants for current category one systems that fail by discharging sewage to an outstanding resource water (ORW), as designated by DNR, or to groundwater.
[Act 9 Sections: 2220, 2222, 2225 thru 2227 and 9310(5t)]
[Act 9 Vetoed Sections: 2216m thru 2219p, 2221m, 2223m, 2224m, 2228m, 2231m thru 2237i, 9310(4x) and 9410(4x)]
25. REGULATION OF RADIOACTIVE MATERIAL
Governor/Legislature: Eliminate the authority of Commerce to regulate sources of radiation. Currently, Commerce and DHFS are together authorized to perform various activities related to radioactive materials regulation. Specify that DHFS would be the state radiation control agency. (See the entry under "DHFS -- Public Health.") Delete statutory provisions which currently require Commerce to: (a) promulgate, amend and repeal rules that are necessary to prevent unnecessary radiation; (b) administer radiation regulations; (c) develop policies and programs for the evaluation of radiation hazards; (d) advise, consult and cooperate with other agencies relating to radiation regulation; (e) facilitate or conduct research and demonstrations relating to radiation; (f) collect and disseminate radiation health education information; (g) review plans for and inspect radiation sources; (h) conduct a number of activities related to radon gas; and (i) when necessary, enter public or private property for radiation control investigations. Delete Commerce's authority to impound radioactive materials.
26. FIRE DUES DISTRIBUTION [LFB Paper 313]
PR $1,000,000
Joint Finance/Legislature: Provide $500,000 PR annually to reflect a reestimate (to $7,000,000 PR annually) of the amount available for fire dues distribution to cities, villages and towns that maintain a fire department that complies with state law.
27. INSPECTION OF ALL NEW HOMES
Joint Finance: Require that, effective January 1, 2000, all new one- and two-family dwellings be inspected to determine compliance with the state one- and two-family dwelling code (also known as the Uniform Dwelling Code, s. 101.60 to s. 101.66 of the Wisconsin Statutes). Cities, villages or towns with a population of 2,500 or less, which are currently exempt from the code, would be required to administer the one- and two-family dwelling code in the municipality unless the local governing body adopts a resolution to take one of the following actions: (a) request the county to administer the code in the municipality; (b) request the Department of Commerce to administer the code in the municipality; or (c) decide to have no administration of the code in the municipality. The municipality would be authorized to charge fees for permit and inspection activities (the same authorization as municipalities with a population over 2,500 currently have).
Provide Commerce with $50,000 PR in 1999-00 and $100,000 PR in 2000-01 and direct the Department to use the funds to contract with a private, nonprofit organization to conduct education regarding construction standards and inspection requirements to home builders statewide.
An estimated 8,500 housing starts annually could be affected by the provision. Based on 90% of these homeowners obtaining building permits, Commerce program revenues from a $25 building permit seal would generate $191,300 annually.
Senate/Legislature: Modify the Joint Finance provision as follows: (a) change the effective date from January 1, 2000, to May 1, 2000, for municipalities to adopt the resolution required to administer the program; (b) specify that municipalities do not have to adopt a resolution to request the Department of Commerce to administer the code in the municipality; (c) specify that if a municipality does not take action by May 1, 2000, to administer the program, that Commerce shall implement an inspection program in the municipality effective July 1, 2000; (d) specify that if Commerce enters into a contract with a municipality before July 1, 2000, to provide inspection services in the municipality, the Department shall begin providing the inspection services under the contract no later than July 1, 2000; and (e) specify that Commerce shall contract with a private nonprofit organization that is described under Internal Revenue Code section 501 (c)(6) rather than section 501 (c)(3) to conduct education regarding construction standards and inspection requirements to home builders statewide. Program revenue would decrease by an estimated $63,800 in 1999-00 due to the four-month delay in the receipt of the first revenues by Commerce from a $25 building permit seal.
[Act 9 Sections: 1998af thru 1998bx, 9110(3g)&(3j) and 9410(3g)]
28. TRANSFER OF MOBILE HOME REGULATORY PROGRAMS TO COMMERCE
Joint Finance: Provide Commerce with $48,800 PR in 1999-00 and $236,500 PR in 2000-01 with 4.6 PR positions annually beginning in 2000-01. Transfer mobile home regulatory programs from the Department of Administration (DOA) and the Department of Transportation (DOT) to the Division of Safety and Buildings in the Department of Commerce on July 1, 2000. (See DOT and DOA for decreases in funding in those agencies.) The transfer of programs has the following components.
a. Provide the Commerce Safety and Buildings operations program revenue appropriation with $48,800 PR in 1999-00 in one-time financing to prepare for transfer of programs to Commerce, including: (a) information technology conversion programming and transfer of data systems ($17,300 PR); and (b) furniture, computers and equipment for the 4.6 Commerce positions ($31,500 PR).
b. Effective July 1, 2000, transfer 3.0 PR positions in the DOA Division of Housing who are currently responsible for the regulation of mobile home parks and mobile home dealers to Commerce. Provide that the DOA incumbents would be transferred to Commerce with any rights and benefits previously earned. In 2000-01, provide Commerce with 3.0 PR positions and $160,200 PR for these activities.
c. Effective July 1, 2000, transfer authority from DOA to Commerce for licensing and regulation of mobile home parks and for regulating mobile home dealers engaged in the sale of primary housing units. Provisions of those statutes related to mobile home dealers and mobile home salespersons engaged in the sale of recreational vehicles would continue to be administered by DOT as under current law. Direct that Commerce shall administer any DOA rules promulgated to administer the sections until Commerce promulgates new rules. Commerce, instead of DOA, would collect program revenues related to mobile home park licensing (approximately $140,000 annually) and mobile home dealers and sales person licensing (approximately $20,000 annually). As of July 1, 2000, these revenues would be deposited in the Commerce Safety and Buildings operations PR appropriation. In 2000-01, provide Commerce with 1.6 PR positions and $76,400 PR for these activities.
d. Effective July 1, 2000, transfer authority from DOT to Commerce for registration and titling of any vehicles that meet the definition of mobile home or manufactured home under s. 101.91 of the statutes. DOT would retain authority for registration and titling of vehicles that do not meet the s. 101.91 definition (such as recreational vehicles) and would continue to issue permits for overwidth and overlength trip permits for mobile homes or manufactured homes.
e. As of July 1, 2000, Commerce, instead of DOT, would collect program revenues of $15 for each registration of a mobile home, and would collect program revenue fees related to titling of mobile homes and manufactured homes that are currently deposited in the transportation fund, including the following: (a) $8.50 for filing an application for the first certificate of title; (b) $4 for the original notation and subsequent release of each security interest noted upon a certificate of title; (c) $8.50 for a certificate of title after a transfer; (d) $1 for each assignment of a security interest noted upon a certificate of title; (e) $8 for a replacement certificate of title; (f) for processing applications for certifications of title which have a special handling request for fast service, a fee to be established by rule which shall approximate the cost to the Department for providing the special handling service to persons who request it; (g) $25 for the reinstatement of a certificate of title previously suspended or revoked; and (h) $4 for transfer of registration or credits for registration to a vehicle currently titled in the name of the applicant. These fees are estimated at approximately $319,300 annually. In addition, DOT would no longer collect approximately $28,000 annually in counter service fees related to mobile homes, which would be an additional decrease in segregated revenue to the transportation fund. (Commerce would not collect counter service fees so there would not be a corresponding program revenue increase.)
f. Direct that Commerce would not be required to collect the $7.50 supplemental title fee. In addition to the lost segregated revenue to the transportation fund, this change would reduce a GPR supplement to the nonpoint account of the environmental fund by $135,000 annually beginning in 2001-02 due to the current statutory formula based on DOT supplemental title fee collections.
g. As of July 1, 2000, direct Commerce, instead of DOT, to collect the environmental impact fee payable by a person filing an application for the first certificate of title or certificate of title after a transfer if it is for a vehicle that is a mobile home for which jurisdiction is transferred from DOT to Commerce. Direct Commerce to deposit any environmental impact fees collected by Commerce in the environmental fund for environmental management.
Assembly: Modify the provision that would transfer the responsibility for registering and titling mobile homes from DOT to Commerce to: (a) specify that fees received by Commerce for the registration and titling of mobile homes would continue to be deposited in the transportation fund, instead of in a PR appropriation; and (b) require Commerce to collect the $7.50 supplemental title fee for mobile homes and deposit these funds in the transportation fund. Delete $76,400 PR and 1.6 PR position in 2000-01 and, instead, provide $76,400 SEG and 1.6 SEG position in a new, transportation fund appropriation in 2000-01 within Commerce. Reduce estimated PR revenue by $319,300 in 2000-01 and increase estimated transportation fund revenue by $454,300 in 2000-01 to reflect this modification. The amount of the reduction in PR revenue is less than the increase in transportation fund revenue because, under the Joint Finance provision, Commerce would not collect the $7.50 supplemental title transfer fee, but would collect this fee and deposit it in the transportation fund under the Assembly provision.
Conference Committee/Legislature: Include the Assembly provision, but specify that mobile homes that are titled by Commerce are exempt from vehicle registration.
[Act 9 Sections: 64g thru 64r, 216g, 217cr, 544m, 613km, 704mh, 704pd, 711m, 1830gm, 1972g, 1972m, 1998cc thru 1998xt, 2169g, 2169m, 2169r, 2309m, 2342cc thru 2342LL, 2342Lj, 2342Lk, 2342Lp thru 2342pp, 2342ps, 2342pt, 2342pum, 2342pw thru 2342xp, 2356m, 2720dd thru 2720dt, 2720hd thru 2720ht, 2730m, 2732d, 2734dd thru 2734dp, 2734dt, 2734hd, 2734hh thru 2734pt, 2821m, 2822m thru 2822t, 3072m, 9101(3x), 9110(7n), 9150(5xy), 9201(2x) and 9410(5x)]
29. LOCAL AUTHORIZATION FOR PUBLIC SEWER CONNECTION
Assembly: Authorize cities, towns, metropolitan sewage districts and town sanitary districts to approve or disapprove any connection with or use of the sewer and water system by any property owner whose property is connected to a working private sewage system. In addition, prohibit Commerce from promulgating or enforcing a rule that requires the owner of a private sewage system to discontinue use of the private sewage system and connect to a public sewer because a public sewer becomes available. Commerce administrative rule Comm 83.03(2) requires that when public sewers become available to the premises served, the use of the private sewage system shall be discontinued within one year and the building shall be connected to the public sewer. The Joint Committee for Review of Administrative Rules suspended this portion of the rule on December 8, 1998, and subsequently introduced AB 96 that would prohibit Commerce from promulgating or enforcing any rule that requires owners of private sewage systems to discontinue use of the private systems and connect to a public sewer because a public sewer becomes available.
Conference Committee/Legislature: Delete provision.
30. CONSTRUCTION SITE EROSION CONTROL
Senate: Expand the authority of a county, city, village or town to administer and enforce an ordinance that establishes standards for erosion control at building sites for the construction of public buildings and buildings that are places of employment if the standards are more stringent than the statewide standards established by Commerce. Currently, a county, city, village or town may administer and enforce a construction site erosion control ordinance that is more stringent than the statewide standards if the local ordinance was in effect on January 1, 1994. The Legislature reviewed proposed construction site erosion control administrative rules in December, 1998, and Commerce is in the process of revising the draft rule.
Conference Committee/Legislature: Delete provision.
CORRECTIONS
Budget Change Items
Departmentwide
Funding Positions
GPR $8,719,400 - 4.00
PR - 10,208,500 - 16.15
Total - $1,489,100 - 20.15
1. STANDARD BUDGET ADJUSTMENTS
Governor/Legislature: Provide $4,549,600 GPR and -4.0 GPR positions and -$4,870,500 PR and -9.65 PR positions in 1999-00 and $4,169,800 GPR and -4.0 GPR positions and -$5,338,000 PR and -16.15 PR positions in 2000-01 for the following adjustments to the base budget: (a) turnover reduction (-$5,480,100 GPR and -$1,062,000 PR annually); (b) removal of noncontinuing items (-$1,802,100 GPR and -4.0 GPR positions and -$5,459,500 PR and -9.65 PR positions in 1999-00 and -$1,844,500 GPR and -4.0 GPR positions and -$5,542,300 PR and -16.15 PR positions in 2000-01); (c) full funding of salaries and fringe benefits (-$3,405,900 GPR and -$1,696,900 PR annually); (d) full funding of financial services ($66,800 GPR annually); (e) reclassifications ($7,600 GPR annually); (f) overtime costs ($10,525,400 GPR and $2,409,000 PR in 1999-2000 and $10,185,100 GPR and $2,023,900 PR in 2000-01); (g) night and weekend pay differential ($4,475,800 GPR and $918,100 PR annually); (h) fifth week of vacation as cash ($105,100 GPR and $20,800 PR in 1999-00 and $108,000 GPR and $21,200 PR in 2000-01); (i) full funding of private lease costs and directed moves ($57,000 GPR annually); and (j) minor transfers within the same appropriation (-1.0 GPR and -1.0 PR permanent positions annually and 1.0 GPR and 1.0 PR project positions annually). The 20.15 positions removed as noncontinuing items include: (a) 3.0 GPR project positions which were converted from permanent status and expire in 1999-00; (b) 1.0 GPR one-year project position associated with the chemical castration program created in 1997 Act 284; (c) 3.2 PR one-year project positions associated with inmate work initiatives at the Waupun Correctional Institution; (d) 5.0 PR positions associated with a computer recycling project which expires at the end of 1998-99; (e) 6.5 PR positions associated with a grant for a substance abuse program at the Oshkosh Correctional Institution which expires in 2000-01; and (f) 1.45 PR positions associated with frozen positions or positions which no long exist in the personnel management information system.
2. DEBT SERVICE REESTIMATES [LFB Paper 245]
Governor: Provide -$3,496,800 GPR and -$145,200 PR in 1999-00 and -$1,031,800 GPR and -$140,900 PR in 2000-01 to reflect a reestimate of debt service costs in the Department of Corrections. The total reestimate is divided as follows: (a) -$3,760,300 GPR in 1999-00 and -$1,280,800 GPR in 2000-01 associated with adult institutions; (b) $263,500 GPR in 1999-00 and $249,000 GPR in 2000-01 associated with juvenile institutions; and (c) -$145,200 PR in 1999-00 and -$140,900 PR associated with Badger State Industries. In total, estimated debt service costs for Corrections would be: (a) $46,187,300 GPR in 1999-00 and $48,666,800 GPR in 2000-01 for adult institutions; (b) $3,425,900 GPR in 1999-00 and $3,411,400 GPR in 2000-01 for juvenile institutions; and (c) $97,600 PR in 1999-00 and $101,900 PR in 2000-01 for Badger State Industries.
Joint Finance/Legislature: Provide an additional $3,235,500 GPR in 1999-00 and $1,042,400 GPR in 2000-01 to reestimate debt service costs associated with adult institutions and $935,500 GPR in 1999-00 and $720,200 GPR in 2000-01 to reestimate debt service costs associated with juvenile institutions. Based on the reestimates, debt service costs would total: (a) $49,422,800 GPR in 1999-00 and $49,709,200 GPR in 2000-01 for adult institutions; and (b) $4,361,400 GPR in 1999-00 and $4,131,600 GPR in 2000-01 for juvenile institutions.
3. FEDERAL CRIMINAL ALIEN ASSISTANCE PROGRAM [LFB Paper 320]
Governor: Deposit $1,900,000 annually received from the federal state criminal alien assistance program (SCAAP) into the general fund. Under SCAAP, the federal Department of Justice's Bureau of Justice Assistance provides assistance to state and local governments for costs incurred for the imprisonment of undocumented criminal aliens who are convicted of felony offenses or two or more misdemeanors. Awards are based on the total number of reimbursable aliens, the average length of incarceration and the cost per inmate. No restrictions are placed on a state's use of the funds that are received.
Joint Finance/Legislature: Reestimate the deposit to the general fund from SCAAP to $2,399,600 annually (an increase of $499,600 annually).
4. RENT
