Under current law, the investment board must make all purchases of materials,
supplies, equipment or services through the department of administration (DOA).
DOA may delegate authority to the board and other state agencies to make
purchases independently of DOA, but any agency to which DOA delegates
purchasing authority must adhere to all statutory requirements that would apply if
DOA made the purchases. In making purchases, DOA and the agencies to which
DOA delegates purchasing authority are required, subject to numerous exceptions,
to make purchases by solicitation of bids or competitive sealed proposals preceded
by public notice, and to adhere to other requirements.
This bill permits the investment board to make all purchases independently of
DOA, and excludes the investment board from certain requirements that DOA and
other executive branch agencies must adhere to in making purchases, including the
requirement for solicitation of bids or proposals preceded by public notice. Under the
bill, the board must, however, procure all stationery and printing from the lowest
responsible bidder.
Under current law, the secretary of administration must limit the total amount
of any temporary reallocations from segregated funds to the general fund at any one
time during a fiscal year to an amount equal to 5% of the total appropriations of
general purpose revenue, calculated by the secretary as of that time and for that
fiscal year. This bill authorizes the secretary of administration to permit an
additional 3% of the total appropriations of general purpose revenue to be used for
temporary reallocations to the general fund but only if the reallocation is for a period
not to exceed 30 days.
Currently, all state agencies, except the legislature and the courts, must submit
biennial budget requests to DOA no later than September 15 of each even-numbered
year. This bill directs those agencies to submit biennial budget requests to DOA
before each budget period no later than the date prescribed by DOA.
Current statutes provide that "[n]o bill directly or indirectly affecting general
purpose revenues ... may be enacted by the legislature if the bill would cause the
estimated general fund balance on June 30 of any fiscal year ... to be an amount equal
to less than one percent of the total general purpose revenue appropriations for that
fiscal year plus any amount from general purpose revenue designated as
"Compensation Reserves" for that fiscal year ...."
This bill changes that provision, for fiscal years 2000-01 and thereafter, with
respect to the percentage of the general fund balance as follows:
1. For fiscal year 2000-01, 1.1% of general purpose revenue (GPR)
appropriations for that fiscal year.
2. For fiscal year 2001-02, 1.2% of GPR appropriations for that fiscal year.
3. For fiscal year 2002-03, 1.4% of GPR appropriations for that fiscal year.
4. For fiscal year 2003-04, 1.6% of GPR appropriations for that fiscal year.
5. For fiscal year 2004-05, 1.8% of GPR appropriations for that fiscal year.
6. For fiscal year 2005-06 and thereafter, 2% of GPR appropriations for that
fiscal year.
Under current law, the board of commissioners of public lands (BCPL) is
responsible for managing certain lands held in trust by the state. The proceeds from
these lands are deposited in the common school fund, the normal school fund, the
university fund and the agricultural college fund (collectively, the trust funds).
Under current law, BCPL may deduct expenses necessarily incurred in caring for
and selling the lands from moneys deposited in the trust funds. This bill provides
that such expenses include soil surveys and soil mapping activities.
Under current law, BCPL may loan moneys from the trust funds to certain local
units to government. Current law also provides that any such borrower, after March
15 and prior to August 1 of any year, may prepay any part of the loan without penalty.
This bill provides that, if a borrower prepays the outstanding principal balance of the
loan before the due date of the first instalment payment, BCPL may charge the
borrower a fee to cover any administrative costs incurred by BCPL in originating and
servicing the loan.
Under current law, the governor may not administer, and no board, commission
or department may encumber or expend, any block grant moneys received from the
federal government under any federal law enacted after August 31, 1995, unless the
governor first notifies JCF in writing that the block grant has been received and
allows JCF an opportunity to review and approve or disapprove its proposed
expenditure. This bill exempts from JCF review and approval the expenditure of
block grant moneys that are allocated for certain public assistance and local
assistance programs.
Public utility regulation
This bill requires the public service commission (PSC) to conduct a study on
implementing retail consumer choice for all consumers of electricity in this state.
The study must address the following: 1) the infrastructure, taxation and statutory
changes that are necessary for implementing retail choice; 2) recommendations for
regulating new market entrants; 3) transitional, stranded and public benefits costs;
and 4) the development and use of renewable energy resources.
Under current law, certain persons may file complaints with the PSC that
allege a violation of the statutory provisions regarding public utilities. In addition,
the PSC may, on its own motion, initiate a proceeding to determine whether such a
violation has occurred.
This bill prohibits a person from filing a complaint, or making any other filing
in a proceeding before the PSC, unless there is a nonfrivolous basis for doing so and
unless each of the following is satisfied: 1) the filing is reasonably supported by
applicable law; 2) the allegations in the filing have evidentiary support or are likely
to have such support after further investigation or discovery; 3) the filing is not
intended to harass another party to the proceeding; and 4) the filing is not intended
to create a needless increase in the cost of litigation.
Within 60 days after a complaint is filed, the PSC must determine whether the
complaint violates the specified prohibitions. The bill also allows the PSC to
determine at any time during a proceeding whether a person has made a filing that
violates the prohibitions. If the PSC determines that there is a violation, the PSC
must order the violator to pay the reasonable expenses that any other party to the
proceeding incurred because of the filing. In addition, the PSC may directly assess
a forfeiture of between $25 and $5,000 against the violator.
This bill allows the PSC to approve a tariff filed by an electric public utility that
allows a firm customer of the utility (an industrial or commercial customer of the
utility that receives firm service, which is retail electric service that is provided on
a noninterruptible basis) to sell unused firm service to an interruptible customer of
the utility, which is an industrial or commercial customer of the utility that receives
retail electric service on an interruptible basis. The PSC may approve such a tariff
if it determines that such sales contribute to energy conservation and load
management that are designed to reduce the energy needs of firm customers. If a
firm customer contracts with an interruptible customer for such a sale under a tariff
approved under the bill, the public utility must replace the firm service that is sold
by the firm customer with interruptible service, and provide firm service to the
interruptible customer in an amount that is equal to 80% of the amount of firm
service that was sold.
Under current law, the PSC may, under certain circumstances, obtain from any
public utility any information necessary for the PSC to perform its duties and may
order a public utility to produce certain records. Under this bill, the PSC may require
a telecommunications utility to submit information only if the PSC reduces, to the
extent practicable, any burden on the telecommunications utility that results from
complying with the requirement. In addition, a telecommunications utility is not
required to provide information to the PSC unless the PSC certifies that the
information is necessary for the PSC to enforce a statutory requirement and that the
information is not unnecessarily duplicative of information that is already in the
PSC's possession.
Also under current law, the PSC is allowed to withhold from public inspection
any information that aids a competitor of a public utility. Under this bill, the PSC
is required to withhold such information from public inspection. Under the bill, the
PSC is also required to withhold from public inspection any information that is
designated as confidential by a public utility that may aid a competitor of the public
utility.
Under current law, a tariff filed with the PSC in which a telecommunications
utility offers either a new telecommunications service or promotional rates may not
take effect until ten days after the tariff is filed. Under certain specified
circumstances, the PSC may also suspend the effectiveness of such a tariff. This bill
provides that such a tariff is effective on the date specified in the tariff, unless the
PSC suspends the effectiveness of the tariff as allowed under current law.
Other state government
State building program
This bill enumerates in the 1999-2001 state building program a full-scale
aquaculture demonstration facility to be built at Ashland and to be operated by the
board of regents of the UW System.
Wisconsin election campaign fund supplement
Currently, a candidate for legislative office at the general election or a special
election may qualify to receive a grant from the Wisconsin election campaign fund
to finance certain campaign expenses. The maximum amount of the grant that is
available to such a candidate may be reduced if the balance in the legislative and
special election campaign account does not contain sufficient money to provide all
eligible candidates who apply and qualify for grants with the maximum grants to
which the candidates are entitled. The amount of money in the legislative and
special election campaign account and the other accounts of the Wisconsin election
campaign fund depends in part upon the number of designations made to the fund
by individuals filing income tax returns.
This bill transfers $750,000 in general purpose revenue into the legislative and
special election campaign account in fiscal year 2000-01. The bill also directs the
secretary of administration to submit proposed legislation relating to campaign
finance reform and composition of the elections board to the cochairpersons of JCF
no later than April 1, 1999.
State land information system
Currently, DOA may develop and maintain a geographic information system
relating to land in this state. Currently, the land information board directs and
supervises the state land information program. The board is abolished effective
September 1, 2003. Prior to September 1, 2003, counties must transfer to the land
information board a portion of the fees collected by registers of deeds for recording
documents. Revenue from these fees supports the operation of the board and the
remainder is used to provide grants to counties for land records modernization
projects.
This bill directs the land information board to transfer a portion of this fee
revenue, prior to September 1, 2003, to DOA for the purpose of developing and
maintaining a computer-based Wisconsin land information system, without
direction or supervision from the board. Under the bill, DOA continues to be
responsible for the development and maintenance of the system on and after
September 1, 2003, but the bill provides no specific funding for this purpose.
The bill also authorizes DOA to conduct soil surveys and soil mapping
activities. Under the bill, DOA may assess any state agency any amount that it
determines to be required to conduct the surveys and mapping activities. In
addition, the bill permits DOA to contract with BCPL to conduct soil surveys and soil
mapping activities on lands under the jurisdiction of BCPL.
State grants for local governmental planning
This bill permits DOA to award grants to counties, cities, villages, towns and
regional planning commissions to finance the cost of planning activities, including
contracting for planning consultant services, public planning sessions and other
planning outreach and educational activities, or to purchase computerized planning
data, planning software or the hardware required to utilize that data or software.
The grants are funded by federal moneys provided to this state for
transportation-related planning activities. DOA must require any local
governmental unit that receives a grant to finance at least 20% of the cost of the
product or service to be funded by that grant from its own resources. All proposed
expenditures to be made under any grant are subject to the written approval of the
secretary of transportation.
National and community service board functions
Under current law, the national and community service board, attached to
DOA, uses federal moneys and moneys that it receives from gifts, grants and
bequests to assist persons who operate service programs that address unmet human,
educational, environmental or public safety needs. Under this bill, the board is
attached to the department of health and family services.
Currently, the national and community service board awards Wisconsin
promise challenge grants to countywide consortia of public and private entities that
provide resources to underserved youth. This program expires on January 1, 2000.
The bill transfers administration of this program to DOA.
Penalty assessments
With certain exceptions, current law imposes a penalty assessment on any
person who is ordered to pay a fine or forfeiture for violating a state law or a local
ordinance. The penalty assessment is set at 23% of the total amount of the fines or
forfeitures imposed for the violation. The moneys collected from penalty
assessments are credited directly to various appropriation accounts based on a
statutory formula and the appropriation accounts specify the purposes for which the
moneys may be used. These purposes include: 1) training for local law enforcement
officers and state correctional officers; 2) purchase of crime laboratory equipment;
3) matching federal funds provided for various law enforcement programs; 4)
county-tribal law enforcement projects; 5) diversion of youth from gang activities;
and 6) alcohol and other drug abuse prevention and treatment for minors.
This bill provides that, instead of being credited to specific appropriation
accounts based on a statutory formula, all moneys collected from penalty
assessments are credited to a single appropriation account in the office of justice
assistance in DOA. Specified amounts of the moneys in this appropriation account
are then transferred to other appropriation accounts to be used for the same purposes
as under current law, except that under the bill no penalty assessment moneys are
provided to fund county-tribal law enforcement projects. Under the bill,
county-tribal law enforcement projects are funded using revenue that the state
receives under Indian gaming compacts. The bill also allows penalty assessment
moneys to be used for several new purposes, including information technology
systems for DOC, automated justice information systems and reimbursement to
counties for the costs of providing crime victim and witness services.
Resource recovery and recycling
This bill eliminates a requirement for DOA to maintain a clearinghouse of
information regarding products made from recycled or recovered materials for
purchase by state agencies and authorities. The bill also repeals an appropriation
to DOA from the recycling fund to finance DOA's recycling procurement
specifications functions and administration of the recycled materials clearinghouse.
State master lease program
Currently, DOA may enter into a master lease for the lease of goods or the
provision of services on behalf of one or more state agencies. This procedure may be
used in lieu of direct procurement of goods or services and in some cases is used to
finance the acquisition of goods by the state.
This bill permits DOA to use a master lease to obtain any property (real or
personal) or services on behalf of a state agency, except that DOA may not use a
master lease to obtain facilities for use or occupancy by the state or to obtain internal
improvements (public works). The bill also permits DOA to use a master lease to
obtain any property or services related to public safety functions on behalf of a local
government.
Currently, DOA may undertake energy conservation construction projects.
These projects are different from other state building projects in that they are
undertaken outside the authorized state building program and are not subject to
public notice and bidding requirements. Under such a project, the contractor
guarantees energy savings to be realized by the state in a stated amount within a
specified period, and, if the savings are not realized by the state within that period,
the contractor need not be paid by the state for any difference between the amount
guaranteed in the contract and the actual savings realized when the state pays for
the construction project. Currently, the contractor must finance construction of any
project at its own expense.
Under this bill, the state or the contractor may finance the cost of construction.
If the state finances the cost of construction and the savings resulting from the
construction within the period specified in the audit are less than the amount
specified in the contract, the contractor must remit the difference to the state. The
bill provides that, if a master lease is used to finance payments to be made to a
contractor who is engaged in such a construction project, the payments under the
lease may not be conditioned upon any payment required to be made by the
contractor resulting from the contractor's guarantee.
Glass ceiling initiative
This bill creates a glass ceiling board, which is attached to DOA for
administrative purposes, and directs the board to do all of the following:
1. Administer a Governor's Glass Ceiling Award Program to recognize annually
Wisconsin businesses and organizations that advance or promote the advancement
of women and minority group members to upper-level management positions.
2. Disseminate information to employers on glass ceiling issues and effective
programs that have helped eliminate barriers to the promotion of women and
minority group members to upper-level management positions.
3. Identify businesses and industries that provide exceptional opportunities for
women and minority group members to advance to upper-level management
positions, and, whenever appropriate, promote the expansion of such businesses and
industries in this state.
4. Actively promote the appointment of qualified women and minority group
members to public and private governing bodies.
Ethics and lobbying law counsel
This bill permits the governor, upon request of the ethics board, to employ
special counsel for the purpose of assisting the board in investigating or prosecuting
an alleged violation of the lobbying regulation law or the code of ethics for state public
officials and employes. The special counsel is paid from a sum sufficient
appropriation for the compensation of special counsel. Currently, neither the
governor nor the ethics board is authorized to employ special counsel for this
purpose.
Cultural arts authorities
This bill directs the legislative reference bureau (LRB) to prepare a bill draft
creating cultural arts authorities, based on instructions provided by DOA. The
secretary of administration must submit the bill to the cochairpersons of JCF no later
than April 1, 1999.
Sales of tobacco to minors
This bill requires the LRB to prepare legislation, based on final drafting
instructions submitted by DOA no later than March 1, 1999, authorizing the
development of a statewide protocol for licensing authorities and law enforcement
agencies in conducting compliance surveys to determine the prevalence of illegal
retail sales of tobacco products to underage persons. The bill requires the secretary
of administration to submit the proposed legislation to the cochairpersons of JCF not
later than April 1, 1999.
Transitional housing grants
Under current law, DOA may award grants that do not exceed $50,000 each to
counties and municipalities, community action agencies and private, nonprofit
organizations for the purpose of providing housing and associated support services
to homeless families and individuals. This bill removes the dollar limit on the grants
so that a grant of any size may be awarded.
Representation by department of justice
