SB357: Bill Text

Grants to food pantries

This bill requires DHFS to award annual grants to food pantries that meet certain conditions. Twenty-five percent of the total amount appropriated for the grants is to be distributed to qualified rural food pantries in proportion to the number of persons served by each of those food pantries. The remainder is to be distributed among qualified food pantries statewide, also in proportion to the number of persons served by each food pantry. No grant, however, may exceed $15,000. Each food pantry may use the grant to purchase, store and distribute food to needy households, to purchase equipment, for various hunger prevention programs and for the general operations of the food pantry. The bill also directs DHFS to convene an advisory committee composed of representatives of various hunger prevention organizations and fields prior to promulgating any rules needed to implement the grant program.

insurance

This bill requires every health insurance policy (called "disability insurance policy" in the statutes), including managed care plans, health care plans offered by the state, and every self-insured health plan of the state or a county, city, town, village or school district, to provide coverage of appropriate and necessary immunizations, specified in the bill, from birth to age six, for a dependent child of the insured if the policy or plan covers a dependent of the insured. (Under current law, health insurance policies are required to cover a newly born child of the insured, even if the policy did not provide coverage for dependents at the time of the birth.) Generally, coverage of the specified immunizations may not be subject to any deductibles, coinsurance or copayments under the policy or plan. Specifically excluded from this coverage requirement are health insurance policies that cover only hospital and surgical charges or only certain specified diseases, health care plans offered by limited service health organizations or by preferred provider plans that are not managed care plans, medicare replacement or supplement policies and long-term care insurance policies.

natural resources

Current law grants the state the authority to bond for various conservation purposes under the Warren Knowles-Gaylord Nelson stewardship 2000 program (stewardship program). The bill establishes the overall bonding authority of the stewardship program at $460,000,000 and limits the annual bonding authority to $46,000,000. The stewardship program begins on July 1, 2000, and is administered by the department of natural resources (DNR). The stewardship program consists of four subprograms: one for land acquisition, one for property development and local assistance, one for bluff protection and one for the Baraboo Hills. Under the stewardship program, there are specific maximum and minimum amounts that are imposed, with limited exceptions, on the amount that may be bonded in each fiscal year under each subprogram. Purposes for which bonding under the land acquisition subprogram may be used include land acquisition for habitat and natural areas and land acquisition that preserves or enhances the state's water resources. Bonding under the property development and local acquisition programs may be used for nature-based outdoor recreation, as defined in rules promulgated by DNR.

This bill changes these bonding amounts. It raises the overall bonding authority to $600,000,000 and the annual bonding authority to $60,000,000 for each fiscal year. It also increases the amounts that may or must be bonded in each fiscal year under the land acquisition subprogram and the property development and local assistance subprogram.

payments to Local governments

Shared revenue and property tax credits

Under current law, the state administers a shared revenue program that distributes state tax revenues to counties and municipalities for the counties and municipalities to use at their discretion. Under this bill, the amounts of the shared revenue payments to counties and municipalities are annually adjusted to reflect changes in the consumer price index.

Under current law, the state makes payments to municipalities for services that the municipalities provide to certain state facilities that are located in the municipality and that are exempt from local property taxes. Under the bill, these payments are annually adjusted to reflect changes in the consumer price index.

Courts

Under current law, the director of state courts administers a program that provides payments to counties to support the operation of circuit courts. Under the bill, the amounts of those payments are annually adjusted to reflect changes in the consumer price index.

Recycling

Under current law, DNR administers a program that provides grants to local governmental units that are responsible for solid waste management (responsible units) to pay a portion of the costs of operating recycling programs. This bill changes the amount of funding for the responsible unit recycling grant program each year to reflect changes in the consumer price index.

Health and human services

Under current law, DHFS distributes general purpose revenues and federal revenues, as community aids, to counties to provide social, mental health, developmental disabilities and alcohol and other drug abuse services. This bill changes the amount of general purpose revenues that are appropriated for community aids in each fiscal year to reflect changes in the consumer price index and any loss of federal revenues for community aids since the previous fiscal year.

Juvenile correctional system

Under current law, DOC distributes general purpose revenues and federal revenues, as community, youth and family aids (commonly referred to as "youth aids"), to counties to pay for state-provided juvenile correctional services and local delinquency-related and juvenile justice services. This bill changes the amount of general purpose revenues that are appropriated for youth aids in each fiscal year to reflect changes in the consumer price index and any loss of federal revenues for youth aids since the previous fiscal year.

state government

Office of public intervenor

This bill recreates an office of public intervenor attached to DOJ, with the same duties and authority that existed prior to 1995 Wisconsin Act 27 (the 1995-97 biennial budget act). That act transferred the office of public intervenor from DOJ to DNR, eliminated the public intervenor's authority to formally commence or intervene in lawsuits, and substituted an eight-member board (consisting of four members nominated by the governor and approved by the senate and four members each appointed by the majority and minority leaders of the senate and assembly) for the seven-member to nine-member advisory committee (consisting of members appointed by the attorney general). The office of public intervenor and its board were eliminated by 1997 Wisconsin Act 27 (the 1997-99 biennial budget act).

The bill requires the attorney general to appoint an assistant attorney general to serve as the public intervenor. The bill authorizes the public intervenor to do all of the following:

1. Formally commence or intervene in proceedings before any court whenever such intervention is necessary to protect the public rights in water and other natural resources of this state, and requires the public intervenor to intervene in such matters when requested to do so by a division administrator in DNR.

2. Act as an interested party in actions in which he or she intervenes, with full power to present evidence, subpoena witnesses, cross-examine witnesses, file briefs and do any other acts appropriate for a party to the proceedings.

3. Appeal administrative rulings to the courts.

The bill requires DNR personnel to notify the public intervenor of all administrative proceedings under the environmental protection chapters and to make such investigations, studies and reports to assist the public intervenor either before or during such formal intervention.

The bill also requires the attorney general to appoint a public intervenor advisory council consisting of seven to nine members who have a background in or demonstrated experience or records relating to environmental protection or natural resource conservation. In addition, at least one member must have working knowledge of business and at least one member must have knowledge of agriculture. The advisory committee must hold open, publicized meetings and must advise the public intervenor consistent with his or her duties.

The bill requires DNR to transfer to DOJ all assets, liabilities and tangible personal property, including records, of the public intervenor that were transferred from DOJ to DNR by 1995 Wisconsin Act 27.

The bill authorizes two attorney positions in DOJ and appropriates $241,400 to DOJ for fiscal year 2000-01 for the purposes of the public intervenor.

Consumer protection

Under current law, the department of agriculture, trade and consumer protection (DATCP) administers and enforces certain consumer protection and trade practice laws. In administering and enforcing these laws, DATCP either has exclusive authority or joint authority, with DOJ having a secondary role. These laws include laws relating to fraudulent drug advertising, methods of competition and trade practices, motor vehicle rustproofing warranties, telecommunications services, sale of cleaning agents and water conditioners containing phosphorus, sale of products containing or made with ozone-depleting substances, ticket refunds, dating service contracts, fitness center and weight reduction center contracts, pawnbrokers and secondhand article and jewelry dealers, prize notices, mail-order sales, time-share ownerships, motor fuel dealerships, prepaid maintenance liens, self-service storage facilities, rental of private passenger vehicles, future service plans, and cable television subscriber rights.

This bill transfers either all of or part of the administrative and enforcement authority for these laws that DATCP has under current law to DOJ. For those laws for which DATCP and DOJ have joint authority under the bill, DATCP has a secondary role in their enforcement and administration.

Board of agriculture, trade and consumer protection

Under current law, there are nine members on the board of agriculture, trade and consumer protection, seven of whom have backgrounds in agriculture and two of whom are consumer representatives. This bill eliminates the two consumer representative members.

State finance

Under current law, all money received by the state from receipts on national forest lands must be distributed to school districts in accordance with the number of acres of national forest land located within the school district boundaries. This requirement was imposed by 1999 Wisconsin Act 9 (the biennial budget bill). Before the enactment of 1999 Wisconsin Act 9, all money received by the state from receipts on national forest lands was required to be distributed to towns in accordance with the number of acres of national forest land located within the town boundaries. Any town that received any of these moneys was required to expend at least 50% of the moneys on public roads in the town. This bill restores the law to the way it was before the enactment of 1999 Wisconsin Act 9.

Taxation

Income taxation

Under current law, an individual may not receive the individual income tax school property tax rent credit for taxable years beginning after December 31, 1998. This bill allows an individual to claim and receive the credit for property taxes paid, or rent constituting property taxes paid, on the individual's principal dwelling during the taxable year to which the claim relates. The credit may be claimed for taxable years beginning after December 31, 1999.

Under the bill, the credit that may be claimed by an individual is 10% of the first $2,000 of property taxes accrued or rent constituting property taxes, or 10% of the first $1,000 of property taxes accrued or rent constituting property taxes for a married person filing separately. The credit is nonrefundable, meaning that it may be claimed only up to the amount of a claimant's tax liability.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB357, s. 1 Section 1. 6.18 of the statutes is amended to read:

SB357,28,10 6.18 Former residents. If ineligible to qualify as an elector in the state to which the elector has moved, any former qualified Wisconsin elector may vote an absentee ballot in the ward of the elector's prior residence in any presidential election occurring within 24 months after leaving Wisconsin by requesting an application form and returning it, properly executed, to the municipal clerk of the elector's prior Wisconsin residence. When requesting an application form for an absentee ballot, the applicant shall specify the applicant's eligibility for only the presidential ballot. The application form shall require the following information and be in substantially the following form:

SB357,28,14 This blank shall be returned to the municipal clerk's office. Application must be received in sufficient time for ballots to be mailed and returned prior to any presidential election at which applicant wishes to vote. Complete all statements in full.

SB357,28,15 APPLICATION FOR PRESIDENTIAL

SB357,29,1 ELECTOR'S ABSENT BALLOT.

SB357,29,2 (To be voted at the Presidential Election

SB357,29,3 on November ...., .... (year)

SB357,29,12 I, .... hereby swear or affirm that I am a citizen of the United States, formerly residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County of .... for 10 days prior to leaving the State of Wisconsin. I, .... do solemnly swear or affirm that I do not qualify to register or vote under the laws of the State of ....(State you now reside in) where I am presently residing. A citizen must be a resident of: State ....(Insert time) County ....(Insert time) City, Town or Village ....(Insert time), in order to be eligible to register or vote therein. I further swear or affirm that my legal residence was established in the State of ....(the State where you now reside) on .... Month .... Day .... Year.

SB357,29,13 Signed ....

SB357,29,14 Address ....(Present address)

SB357,29,15 ....(City) ....(State)

SB357,29,16 Subscribed and sworn to before me this .... day of .... .... (year)

SB357,29,17 ....(Notary Public, or other officer authorized to administer oaths.)

SB357,29,18 ....(County)

SB357,29,19 My Commission expires

SB357,29,20 MAIL BALLOT TO:

SB357,29,21 NAME ....

SB357,29,22 ADDRESS ....

SB357,29,23 CITY .... STATE .... ZIP CODE ....

SB357,30,3 Penalties for Violations. Whoever swears falsely to any absent elector affidavit under this section may be fined not more than $1,000 or imprisoned for not more than 6 months, or both. Whoever intentionally votes more than once in an election may be fined not more than $10,000 or imprisoned for not more than 3 years, and 6 months or both.

SB357,30,4 ....(Municipal Clerk)

SB357,30,5 ....(Municipality)

SB357, s. 2 Section 2. 11.61 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,30,11 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or 11.24 (1) may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both is guilty of a Class I felony.

SB357, s. 3 Section 3. 11.61 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,30,18 11.61 (1) (b) Whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1) or 11.38 where is guilty of a Class I felony if the intentional violation does not involve a specific figure, or where if the intentional violation concerns a figure which exceeds $100 in amount or value may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both.

SB357, s. 4 Section 4. 12.60 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,30,23 12.60 (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) or (3) (a), (e), (f), (j), (k), (L), (m), (y) or (z) may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both is guilty of a Class I felony.

SB357, s. 5 Section 5. 13.05 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,31,12 13.05 Logrolling prohibited. Any member of the legislature who gives, offers or promises to give his or her vote or influence in favor of or against any measure or proposition pending or proposed to be introduced, in the legislature in consideration or upon condition that any other person elected to the same legislature will give or will promise or agree to give his or her vote or influence in favor of or against any other measure or proposition pending or proposed to be introduced in such legislature, or who gives, offers or promises to give his or her vote or influence for or against any measure on condition that any other member will give his or her vote or influence in favor of any change in any other bill pending or proposed to be introduced in the legislature may be fined not less than $500 nor more than $1,000 or imprisoned for not less than one year nor more than 4 years and 6 months or both, is guilty of a Class I felony.

SB357, s. 6 Section 6. 13.06 of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,32,2 13.06 Executive favor. Any member of the legislature who gives, offers or promises to give his or her vote or influence in favor of or against any measure or proposition pending or proposed to be introduced in the legislature, or that has already been passed by either house of the legislature, in consideration of or on condition that the governor approve, disapprove, veto or sign, or agree to approve, disapprove, veto or sign, any other measure or proposition pending or proposed to be introduced in the legislature or that has already been passed by the legislature, or either house thereof, or in consideration or upon condition that the governor nominate for appointment or appoint or remove any person to or from any office or position under the laws of this state, may be fined not less than $500 nor more than $1,000 or imprisoned for not less than one year nor more than 3 years or both is guilty of a Class I felony.

SB357, s. 7 Section 7. 13.48 (31) of the statutes is created to read:

SB357,32,15 13.48 (31) Digital television conversion for Milwaukee Area Technical College. The building commission may authorize up to $3,500,000 in general fund supported borrowing to aid in the acquisition, construction, development, enlargement or improvement of facilities and equipment related to the conversion to digital television for the Milwaukee Area Technical College. The state funding commitment under this subsection shall be in the form of a grant to the Milwaukee Area Technical College. If the building commission authorizes a grant to the Milwaukee Area Technical College under this subsection and if, for any reason, the facility or equipment that is acquired, constructed, developed, enlarged or improved with funds from the grant is not used for the purpose of public broadcasting, an ownership interest in the facility or equipment equal to the amount of the state's grant reverts to the state.

SB357, s. 8 Section 8. 13.525 of the statutes is created to read:

SB357,32,19 13.525 Joint review committee on criminal penalties. (1) Creation. There is created a joint review committee on criminal penalties composed of the following members:

SB357,32,22 (a) One majority party member and one minority party member from each house of the legislature, appointed as are the members of standing committees in their respective houses.

SB357,32,23 (b) The attorney general or his or her designee.

SB357,32,24 (c) The secretary of corrections or his or her designee.