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
GPR $1,420,200
PR 312,000
Total $1,732,200
Governor/Legislature: Provide $710,100 GPR and $156,000 PR annually for rental costs on a departmentwide basis, as follows: (a) Division of Management Services, -$62,800 GPR and -$10,900 PR; (b) Division of Adult Institutions, -$59,400 PR; (c) Division of Program Planning and Movement, $5,400 GPR and $1,900 PR; (d) Division of Community Corrections, $774,800 GPR and $16,800 PR; (e) Division of Juvenile Corrections, $4,400 GPR and $207,600 PR; and (f) Parole Commission, -$11,700 GPR.
5. FULL FUNDING OF NON-SALARY COSTS
GPR $1,256,200
PR 77,000
Total $1,333,200
Governor/Legislature: Provide $628,100 GPR and $38,500 PR annually to annualize non-salary costs, including rent, supplies and services, and internal services charges associated with positions created for only a portion of a year in 1997 Acts 27 and 284. Annual funding would be provided as follows: (a) $25,300 GPR for the Division of Management Services; (b) $25,300 GPR for the Division of Adult Institutions; (c) $317,000 GPR for the Division of Program Planning and Movement; (d) $260,500 GPR for the Division of Community Corrections; and (e) $38,500 PR for the Division of Juvenile Corrections.
6. PROGRAM REVENUE REESTIMATES
PR $2,065,000
Governor/Legislature: Provide $1,005,500 in 1999-00 and $1,059,500 in 2000-01 associated with the following program revenue appropriation reestimates: (a) $505,900 in 1999-00 and $559,900 annually for the telephone commission revenues appropriation for the purchase of educational, religious and library supplies at the state prisons and correctional centers; (b) -$100,000 annually from revenues of third party liability of medical claims which are not provided to the Department, but rather the medical service providers; (c) $100,000 annually for inmate room and board charges at the correctional centers; (d) -$23,300 annually for electronic monitoring fees from offenders in the community residential confinement program to reduce the appropriation to $0 to correspond with estimated revenue (the program is not operational); (e) $507,800 annually for increased activity associated with correctional institution enterprises; (f) -$3,000 annually to decrease the sales of lands appropriation to $0 to correspond with estimated revenue; (g) -$1,300 annually for state-owned housing maintenance; and (h) $19,400 annually for activity therapy at the Southern Oaks Girls School.
7. BASE FUNDING CORRECTIONS
GPR $28,600
Governor/Legislature: Provide $14,300 annually to correct an error in the Department’s base budget. As the result of data entry errors, Corrections' general program operations appropriation base budget for local assistance is -$14,300. The Governor’s recommendation would adjust this funding to $0. In addition: (a) transfer $73,900 GPR and 13.0 GPR positions annually from the appropriation for operations of community corrections to the Department's general program operations appropriation to correctly align funding and positions as the result of a 1996 reorganization of the Department; (b) move $1,600 GPR annually for supplies and services to variable non-food associated with an error that occurred when the Office of Education was created; and (c) move $34,900 GPR annually from unallotted reserve to supplies and services associated with inmate supplies and services.
8. ALCOHOL AND OTHER DRUG ABUSE FUNDING [LFB Paper 321]
Governor: Provide $1,000,000 annually for alcohol and drug abuse (AODA) programs in Corrections. Direct the Secretary of DOA to allocate $1,000,000 annually from federal anti-drug law enforcement funds and matching penalty assessment monies received by the Office of Justice Assistance to the Department of Corrections to fund AODA programs. The bill does not specify how the funding would be utilized, but does place the funding in Corrections’ Office of Offender Programming.
Joint Finance/Legislature: Specify that funding be provided as follows: (a) $656,600 in 1999-00 and $581,000 in 2000-01 for the purchase of AODA-related services and/or treatment in Milwaukee; and (b) $343,400 in 1999-00 and $419,000 in 2000-01 and 5.25 four-year project positions annually for a 30-bed residential AODA program for individuals convicted of operating while intoxicated five or more times.
[Act 9 Section: 9101(12)]
9. OFFICE OF VICTIM SERVICES AND PROGRAMS
Governor: Provide $153,200 in 1999-00 and $171,400 in 2000-01 and 3.0 positions to create an Office of Victim Services and Programs. Transfer $50,800 and 1.0 position, currently in the Parole Commission, to the Office of Victim Services. Total funding for the Office would be $202,000 in 1999-00 and $220,200 in 2000-01 and 4.0 positions annually. The Office would provide information and services to victims of crimes and their families related to issues such as new laws, new correctional programs, victim notification, community education and restitution. Create an annual, program revenue appropriation to support the Office, funded from federal crime victim assistance funds transferred from the Wisconsin Department of Justice.
Joint Finance/Legislature: Reduce funding by $49,100 in 1999-00 to start the positions on February 1, 2000. In addition, modify the funding source for the additional 3.0 positions from federal crime victim assistance funds transferred from DOJ to penalty assessment revenues.
[Act 9 Sections: 361d and 542]
10. SEX OFFENDER REGISTRY STAFF [LFB Paper 322]
