This bill limits the aggregate amount of general purpose revenue (GPR) that
may be appropriated in any fiscal biennium. Under the bill, the limit is calculated
by first establishing a base year amount that equals the amount of GPR appropriated
in the second year of the prior fiscal biennium. For the new fiscal biennium, the base
year amount is increased by the annual percentage change in state aggregate
personal income for the calendar year that begins on the January 1 that precedes the
first year of the fiscal biennium. This amount is increased by the annual percentage
change in state aggregate personal income for the calendar year that begins on the
January 1 that precedes the second year of the fiscal biennium. The sum of these two
amounts is the aggregate amount of GPR that may be appropriated during the fiscal
biennium. Under the bill, DOA is required to make the determination of the amount
of GPR that may be appropriated for each fiscal biennium.
The bill excludes certain GPR appropriations from the limit. These are
appropriations for debt service or operating notes; appropriations to honor a moral
obligation pledge that the state has taken with respect to certain revenue bonds;
appropriations to refund certain earnings to the federal government relating to state
bond issues; an appropriation for legal expenses and the costs of judgments, orders,
and settlements of actions and appeals incurred by the state; an appropriation to
make a payment for tax relief; an appropriation to make a transfer from the general
fund to the budget stabilization fund; an appropriation to make a transfer from the
general fund to the tax relief fund; and any appropriation contained in a bill that is
enacted with approval of at least two-thirds of the members of each house of the
legislature.
This bill requires that certain transfers be made between the general fund, the
budget stabilization fund, and the tax relief fund, which is created in the bill.
Under the bill, the secretary of administration (secretary) must annually
calculate the difference between the amount of tax revenues projected to be deposited
in the general fund (projected tax receipts) and the amount of tax revenues actually
deposited in the general fund during the preceding fiscal year (actual tax receipts).
If the projected tax receipts are less than the actual tax receipts, the secretary must
transfer from the general fund to the budget stabilization fund an amount equal to
50% of the difference between the projected tax receipts and the actual tax receipts.
This transfer, however, may not take place once the balance of the budget
stabilization fund is at least equal to 5% of the estimated expenditures from the
general fund during the fiscal year, as projected in the biennial budget act or acts.
Also, the secretary must reduce the amount of the transfer if the transferred amount
would cause the general fund balance to be less than the required general fund
statutory balance. (The required statutory balance refers to a statement in current
law that the estimated general fund balance in any fiscal year may not be an amount
less than the following percentage of the total general purpose revenue
appropriations for that fiscal year plus any amount from general purpose revenue
designated as "Compensation Reserves": for fiscal year 2002-03, 1.4%; for fiscal year
2003-04, 1.6%; for fiscal year 2004-05, 1.8%; and, for fiscal year 2005-06 and each
fiscal year thereafter, 2%.)
The bill creates a tax relief fund that consists of the difference between the
projected tax receipts and the actual tax receipts in each fiscal year and the amount
transferred from the general fund to the budget stabilization fund in each fiscal year.
In addition, the bill creates an individual income tax relief fund tax credit,
which may be claimed by an individual taxpayer or by a taxpayer and his or her
spouse. A claimant may also claim a credit for each of his or her dependents,
although a dependent may not claim a credit. The credit is nonrefundable, meaning
that if the amount of the credit exceeds the taxpayer's tax liability, no check is issued
in the amount of the difference. The credit is available only in taxable years in which
the amount in the tax relief fund exceeds $25,000,000. If the secretary certifies that
the amount in the fund exceeds that amount, DOR determines the amount of the
credit that may be claimed in that taxable year. The credit amount is determined by
dividing the amount certified by the sum of all claimants, all spouses of claimants,
and all dependents, and then modified so that the amount in the fund is expended
as fully as possible.
On November 23, 1998, Wisconsin and other states agreed to a settlement of
lawsuits brought against the major U.S. tobacco product manufacturers (the tobacco
settlement agreement). Under the tobacco settlement agreement, the state is to
receive annual payments from the U.S. tobacco product manufacturers in perpetuity.
This bill authorizes the secretary of administration (secretary) to sell the state's right
to receive payments under the tobacco settlement agreement and provides that the
proceeds from this sale are to be deposited in the permanent endowment fund, a trust
fund created in the bill.
Under the bill, annually the secretary must transfer a certain amount of
moneys in the permanent endowment fund to the general fund. For 2002 and 2003,
the amount that must be transferred from the permanent endowment fund to the
general fund is the amount that the state would have received as payments under
the tobacco settlement agreement had the state's right to receive the payments not
been sold. The amount available for transfer in each subsequent year, as calculated
by the investment board, must equal the sum of the following:
1. An amount that equals 8.5% of the market value of the investments in the
permanent endowment fund on June 1.
2. All proceeds of, and investment earnings on, investments of the permanent
endowment fund made at the direction of the secretary that are received in the fiscal
year.
3. All other amounts identified by the secretary as payments of residual
interests to the state from the sale of the state's right to receive moneys under tobacco
settlement agreement that are received in the fiscal year.
The bill also requires that, in fiscal years 2001-02 and 2002-03, the first
$12,006,400 and $21,169,200, respectively, in payments from the tobacco settlement
agreement be deposited in the tobacco control fund and appropriated to the tobacco
control board for distribution to specific smoking cessation and prevention programs
and for grants for smoking cessation education, research, and enforcement
programs. In the event that the state's right to receive payments under the tobacco
settlement agreement is sold before the required amounts are received in fiscal years
2001-03, the bill requires that a necessary amount be transferred from the general
fund to the tobacco control fund to make up any shortfall.
The bill provides that the investment board may invest the assets of the
permanent endowment fund in any investment that is an authorized investment for
assets in the fixed retirement investment trust and the variable retirement trust.
In addition, the bill requires the investment board to invest certain of the assets in
the permanent endowment fund according to the terms and conditions specified by
the secretary; the bill specifically provides that the investment board is not subject
to its statutory standard of responsibility when it makes such an investment.
The bill also authorizes the secretary of administration to organize one or more
nonstock corporations or limited liability companies for any purpose related to the
sale of the state's right to receive payments under the tobacco settlement agreement
and appropriates moneys for the organization and initial capitalization of any such
corporation or company.
The bill establishes the legal characteristics of any sale, assignment, or transfer
of payments under the tobacco settlement agreement. In addition, the bill provides
that, with certain exceptions, this state's version of Article 9 of the Uniform
Commercial Code governs the granting and enforcing of security interests in those
payments. Article 9 generally governs similar transactions. Under the bill, if a
person obtains, evidences, and provides notice of an interest in the tobacco
settlement agreement payments under the procedure specified in the bill, that
interest is enforceable against the debtor, any assignee or grantee, and all third
parties, including creditors under any lien obtained by judicial proceedings. In
addition, the interest is superior to all other liens against the tobacco settlement
agreement payments that arise after the date on which the interest attaches to those
payments.
Currently, DOA is required, subject to numerous exceptions, to make purchases
by solicitation of bids or competitive sealed proposals preceded by public notice. DOA
must prepare written justification of contractual service procurements and must
comply with rules regarding conflicts of interest between contractors and DOA
employees. DOA must also attempt to ensure that a specified portion of its
procurement business is awarded to minority-owned businesses. This bill exempts
contracts entered into by DOA to provide financial services in relation to this state's
interest in the tobacco settlement agreement payments from compliance with these
requirements.
Currently, with certain exceptions, no person may commence a legal action
against the state unless the person presents a claim to the claims board for a
recommendation and the legislature denies the claim. This bill exempts claims
presented in relation to this state's interest in the tobacco settlement agreement
payments from compliance with this requirement.
Under current law, the Wisconsin Health and Educational Facilities Authority
(WHEFA) may issue bonds to finance certain projects of health or educational
facilities, such as the construction or remodeling of a health or educational facility
or related structure, and to refinance outstanding debt of health or educational
facilities. Under this bill, WHEFA is authorized to purchase the state's right to
receive payments under the tobacco settlement agreement, to make a loan that is
secured by the state's right to receive those payments, and to issue bonds to finance
the purchase or to make the loan. Any bonds issued to finance the purchase or to
make the loan must be payable from, or secured by interests in, the payments under
the tobacco settlement agreement. In addition, WHEFA is authorized to organize
one or more nonstock corporations or limited liability companies for any purpose
related to the purchase or sale of the state's right to receive payments under the
tobacco settlement agreement.
This bill affirms the state's participation in the tobacco settlement agreement
and states that the payments received under that agreement are the property of the
state, to be used as the state decides by law. The bill also provides that no political
subdivision of the state, or officer or agent of a political subdivision, may maintain
a claim related to the tobacco settlement agreement or any claim against any party
that was released from liability by the state under the tobacco settlement agreement.
This bill requires the secretary to prepare a statement of estimated general
purpose revenue receipts and expenditures in the biennium following the succeeding
biennium based on recommendations in the executive biennial budget bill or bills.
This statement is to accompany the biennial budget report that is submitted by the
secretary on the day that the governor delivers the budget message to the legislature.
The bill also requires that the legislative fiscal bureau prepare the same
statement but based on the recommendations in the executive biennial budget bill
or bills, as modified by an amendment offered by JCF, as engrossed by the first house,
as concurred in and amended by the second house or as nonconcurred in by the
second house, or as reported by any committee on conference.
The bill requires the secretary to prepare, as part of the biennial budget report,
a comparison of the state's budgetary surplus or deficit according to generally
accepted accounting principles, as reported in the most recent audited financial
report prepared by DOA, and the estimated change in the surplus or deficit based on
recommendations in the biennial budget bill or bills.
Current statutes state 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 the following percentage 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 ...." For fiscal year
2002-03, the amount is 1.4%. This bill reduces this amount to 1.2%.
Public utility regulation
Under current law, the PSC is required to establish standards for water or
sewer service that is provided to occupants of a mobile home park by the park
operator or a contractor. The PSC's rules must include requirements for metering,
billing, depositing, arranging deferred payment, installing service, refusing or
discontinuing service, and resolving disputes about service. The rules must also
ensure that charges are reasonable and not unjustly discriminatory, that service is
reasonably adequate, and that any related practice is just and reasonable. This bill
transfers authority to regulate water and sewer service provided to occupants of
manufactured home parks from the PSC to the department of commerce.
This bill creates immunity from liability for public utilities for stray voltage.
Under the bill, a public utility is immune from liability for any damage caused by or
resulting from stray voltage contributed by the public utility if the stray voltage is
below the level of concern established by the PSC. In addition, the stray voltage must
be determined using the PSC's principles and guidelines regarding stray voltage
screening and diagnostic procedures. Upon the request of any party to an action for
damages for stray voltage, the PSC must evaluate and testify as to whether its
applicable order was followed in calculating the amount of stray voltage. The bill
provides that damages from stray voltage are not subject to the current provision
that allows treble damages for injuries resulting from the willful, wanton, or reckless
acts or omissions of the public utility's directors, officers, employees, or agents.
This bill authorizes the PSC to conduct an energy assessment of any proposed
state agency rule that may affect state energy policies and, if the rule has a
significant impact on the state's energy policies, to prepare an energy impact
statement. The bill requires the state agency that is proposing the rule to consider
the PSC energy impact statement before final adoption of the rule and to include the
energy impact statement and the agency's response in the notice when the agency
submits its proposed rule in final form to the legislature.
Under current law, telecommunications utilities and providers are subject to
certain requirements regarding the protection of consumers, including other
telecommunications utilities and providers that use their services. The PSC, on its
own motion or upon a complaint filed by a consumer, may take administrative action
or commence civil actions against telecommunications utilities and providers to
enforce these requirements. This bill provides that the PSC has jurisdiction in its
own name or on behalf of consumers to take such actions. The bill also clarifies that
the PSC's authority to take administrative action includes initiating a contested
case.
Under current law, the PSC may bring an action in court for injunctive relief
for compelling compliance with the requirements, for compelling refunds of any
moneys collected in violation of the requirements, or for any other relief under the
public utility statutes. This bill also allows the PSC to take administrative action,
in addition to bringing an action in court, for compelling compliance with the
requirements or for compelling refunds. The bill also allows the PSC to take
administrative action or bring an action in court for any other appropriate relief,
instead of just any other relief under the public utility statutes. Also, the bill allows
the PSC to directly impose forfeitures for violations of the requirements.
Under current law, the PSC may request the attorney general to bring an action
in court to require a telecommunications utility or provider to compensate any
person for any pecuniary loss caused by failure to comply with the requirements.
Under this bill, in addition to requesting the attorney general to bring such an action,
the PSC may take administrative action, including initiating a contested case, or
bring its own action in court to require such compensation.
Under current law, the PSC may investigate whether rates, tolls, charges,
schedules, or joint rates are unjust, unreasonable, insufficient, unjustly
discriminatory or preferential, or unlawful and order that reasonable rates, tolls,
charges, schedules, or joint rates be imposed, observed, or followed in the future.
With respect to telecommunications providers, this bill also allows the PSC to order
reasonable compensation for persons injured by reason of rates, tolls, charges,
schedules, or joint rates of telecommunications providers that are investigated.
Under current law, public utilities and certain other entities, such as
telecommunications providers, that violate laws enforced by the PSC, PSC orders,
and certain other requirements are subject to a forfeiture of between $25 and $5,000,
for each day of violation, which is imposed by a court. Under this bill, the PSC may
also impose such a forfeiture against a telecommunications provider by
administrative action.
Under current law, the PSC is required to inquire into neglect or violation of
laws by public utilities and telecommunications carriers, enforce such laws, and
report all violations to the attorney general. This bill also allows the PSC to take
administrative action and institute and prosecute all necessary actions and
proceedings for enforcing all laws relating to telecommunications providers or
telecommunications carriers, and for the punishment of all violations.
This bill requires DOA to award grants to operators of dairy, beef, or swine
farms for eliminating stray voltage concerns and sources or replacing electrical
wiring. The bill creates a farm rewiring fund, consisting of contributions that certain
gas and electric utilities make to the PSC, from which the grants are made. A farm
operator is not eligible for grants unless the public utility that provides electric
service to the farm has conducted tests to determine the sources of stray voltage on
the farm.
Under current law, the PSC is allowed to assess against a public utility the
expenses incurred by the PSC in taking regulatory action with respect to the public
utility. The PSC is allowed to make similar assessments against other entities under
its jurisdiction, including a person seeking approval to construct a wholesale
merchant plant. A wholesale merchant plant is electric generating equipment that
does not serve retail customers and that is owned and operated by either: 1) a person
that is not a public utility; or 2) subject to approval of the PSC, an affiliate of a public
utility.
Current law imposes a limit on the amount that the PSC may assess against
a public utility or other entity under the PSC's jurisdiction. The total amount that
the PSC may assess in a calendar year may not exceed four-fifths of one percent of
the public utility's or entity's gross operating revenues derived from intrastate
operations in the last preceding calendar year.
Under this bill, the limit on assessments does not apply to assessments for the
expenses incurred by the PSC in taking regulatory action with respect to approving
construction of wholesale merchant plants.
Other state government
Creation of department of electronic government
This bill creates a department of electronic government (DEG). The bill
transfers most existing functions of DOA relating to information technology and
telecommunications to DEG and creates a number of new functions for DEG. The
bill grants DEG broad powers to manage the state's information technology and
telecommunications systems. Under the bill, the secretary of information services,
who serves as department head, is titled the "chief information officer." The officer's
position is assigned to executive salary group 8 ($82,979 to $128,618 per year in
2000-01). The officer is appointed by the governor to serve at his or her pleasure.
The officer appoints the staff of DEG, which includes a deputy, executive assistant,
and three division administrators outside the classified service.
The bill also creates an information technology management board which is
attached to DEG. The board consists of the governor, chief information officer,
secretary of administration, and two heads of state executive branch agencies and
two other members appointed by the governor without senate confirmation. The
board advises DEG, monitors progress in attaining the state's information
technology goals, and hears and decides appeals of actions of the officer by executive
branch agencies.
The bill directs DEG, with the assistance of executive branch agencies and the
advice of the board, to manage the information technology portfolio of state
government to meet specified criteria. The portfolio includes information technology
systems, applications, infrastructure and information resources, and human
resources devoted to developing and maintaining information technology systems.
Currently, each executive branch agency is required to prepare, revise, and
submit annually to DOA, for its approval, an information technology strategic plan
that details how the agency plans to use information technology to serve its needs
and those of its clients. This bill makes proposed strategic plans of executive branch
agencies subject to approval of the chief information officer, with the advice of the
board.
The bill permits DEG to acquire, operate, or maintain any information
technology equipment or systems required by DEG to carry out its functions and to
provide information technology development and management services related to
those systems. Under the bill, DEG may assess executive branch agencies for the
costs of equipment or systems acquired, operated, maintained, or provided or
services provided and may also charge legislative and judicial agencies for these
costs as a component of any services provided by DEG to these agencies. The bill also
permits DEG to assume direct responsibility for the planning and development of
any information technology system in the executive branch of state government that
the chief information officer determines to be necessary to effectively develop or
manage the system, with or without the consent of any affected agency. The bill
permits DEG to charge any executive branch agency for its reasonable costs incurred
on behalf of the agency in carrying out this function.
Currently, DOA must provide computer services to state agencies in the
executive, legislative, and judicial branches. DOA may also provide
telecommunications services to those agencies and computer or telecommunications
services to local governments and private schools, postsecondary institutions,
museums, and zoos. DOA may also provide supercomputer services to state
agencies, local governments, and entities in the private sector. Under this bill, DEG
may enter into an agreement to provide any services that DEG is authorized to
provide to any state agency or authority, any unit of the federal government, any local
governmental unit, or any entity in the private sector. DEG may also develop and
operate or maintain any system or device facilitating Internet or telephone access to
information about programs of state agencies or authorities, local governmental
units, or entities in the private sector by means of electronic communication and may
assess or charge agencies, authorities, units, and entities in the private sector for its
costs of development, operation, or maintenance on the same basis that DEG
assesses or charges for information technology equipment or systems.
The bill appropriates to DEG all revenues received from assessments or
charges, without limitation, for the purpose of carrying out its functions. The bill also
appropriates general purpose revenue to DEG equivalent to the depreciated value
of its equipment.
Currently, the number of full-time equivalent (FTE) positions for each state
agency within each revenue source is fixed by law or by the governor, JCF, or the
legislature in budget determinations. Program-revenue funded positions may be
adjusted by the governor with the concurrence of JCF and federally funded positions
may be adjusted by the governor alone. This bill permits the chief information officer
to transfer any number of FTE positions having responsibilities related to
information technology or telecommunications from any executive branch agency to
DEG or any other executive branch agency and to transfer the funding source for any
position from one source to another for the purpose of carrying out the functions of
DEG. Upon transfer of any position, the incumbent in that position is also
transferred without loss of pay, fringe benefits, or seniority privileges. The bill also
permits the officer to transfer moneys from the appropriation account for any
appropriation made to an executive branch agency, except a sum sufficient
appropriation, without the consent of the agency, for the purpose of facilitating more
efficient and effective funding of information technology or electronic
communications resources within the executive branch of state government. Under
the bill, any transfer of positions or funding may not be made if it would be
inconsistent with state or federal law or any requirement imposed by the federal
government as a condition to receipt of aids by this state.
Currently, every executive branch agency, other than the board of regents of the
UW system, is required to purchase computer services from DOA, unless DOA grants
permission to the agency to procure the services from a private source or from
another agency, or to provide the services to itself. This bill provides that every
executive branch agency, including the board of regents of the UW system, must
purchase all materials, equipment, supplies, and services relating to information
technology or telecommunications from DEG, unless DEG requires the agency to
purchase the materials, supplies, equipment, or contractual services under a master
contract established by DEG or unless DEG grants permission to the agency to
procure the materials, supplies, equipment, or services from a private source or from
another agency, or to provide the materials, supplies, equipment, or services to itself.
The bill also makes all contracts by any executive branch agency for the purchase of
materials, supplies, equipment, or contractual services relating to information
technology or telecommunications subject to review and approval of the chief
information officer.
Currently, subject to numerous exceptions, state agencies are generally
required to make purchases through solicitation of bids or competitive sealed
proposals preceded by public notice, and to allow DOC the opportunity to provide the
materials, supplies, equipment, or services under certain conditions if DOC is able
to do so. These requirements do not apply to purchases by the division of information
technology services of DOA relating to the functions of the division. This bill provides
that these requirements do not apply to purchases of any materials, supplies,
equipment, or services by DEG. The bill requires DEG to submit an annual report
to DOA concerning any purchases by DEG that are not made in accordance with
these requirements. The bill also permits DEG to establish master contracts for the
purchase of materials, supplies, equipment, or contractual services relating to
information technology or telecommunications for use by state agencies and
authorities, local governmental units, and entities in the private sector and to
require any executive branch agency to make purchases of materials, supplies,
equipment, or contractual services included under the master contract pursuant to
that contract.
Currently, executive branch agencies must make purchases through DOA
unless DOA delegates direct purchasing authority to the agencies. DOA prescribes
standard specifications for state purchases which agencies are generally required to
incorporate into purchasing orders and contracts when appropriate. Under this bill,
DOA must delegate authority to DEG to make all of its purchases independently of
DOA, and any standard specifications prescribed by DOA for the purchase of
materials, supplies, equipment, or services for information technology or
telecommunications purposes are subject to approval of the chief information officer.
Elections administration
Under current law, voter registration is required in every municipality with a
population greater than 5,000. The information required on voter registration forms
is specified by law. This bill requires voter registration in every municipality. The
bill also establishes a centralized, statewide voter registration list that is maintained
by the state elections board. Under the bill, the list must be electronically accessible
by any person, but no person other than an authorized election official may change
the list. The bill permits the board to change the list only for the purpose of deleting
the registration of individuals who register to vote outside this state or whose
registrations are required to be cancelled as the result of a municipal canvass. Under
the bill, each municipal clerk or board of election commissioners must electronically
enter registrations or changes of registration on the list, except that the bill permits
the town clerk of any town having a population of not more than 5,000 to designate
the county clerk of the county where the town is located as the town clerk's agent for
entry of this data. The bill also directs the board to provide grants to counties and
municipalities to finance the cost of maintenance of the list.
Currently, with certain exceptions, the deadline for voter registration is 5 p.m.
on the second Wednesday before an election. However, electors may also register in
person at the office of the municipal clerk or board of election commissioners up to
5 p.m. on the day before the election or, in most cases, may register at the proper
polling place on election day. Currently, an individual who registers after the
deadline must provide a specified form of proof of residence. If the individual is
unable to do so, another qualified elector of the same municipality may corroborate
the information contained in the individual's registration form. The corroborating
elector then must provide this proof of residence. Currently, there is no limit on the
number of times a person may act as a corroborating elector.
This bill requires any elector who registers to vote after the deadline, if possible,
to present a valid Wisconsin driver's license or valid Wisconsin identification card
containing the elector's photograph and current street address. The bill permits any
other elector to present an identification card that contains the elector's photograph
and current street address or any other identification card that contains the elector's
name and photograph and an identifying number. An elector who is unable to
present any identification may have his or her identity and registration information
corroborated by another elector as currently provided. However, under the bill, a
corroborating elector may not corroborate more than two registrations in one day.
The bill also permits the board, by rule, to specify additional information that must
be provided on registration forms. In addition, the bill provides that any election
official who fails to exercise due care to lawfully register an elector to vote is subject
to a forfeiture (civil penalty) of not more than $1,000.
With certain limited exceptions, before being permitted to vote at any polling
place, an elector currently must provide his or her name and address. If registration
is required to vote and the elector is not registered, the elector must provide a
specified form of proof of residence to register. If registration is not required, the
elector may be required to provide this proof. With certain limited exceptions, this
bill requires each elector attempting to vote at any polling place in a municipality to
follow the same identification or corroboration procedure that is required under the
bill for late voter registration. The bill requires election officials to verify that the
name and address on any identification are the same as the elector's name and
address on the list of registered electors. Under the bill, election officials must also
verify that the photograph contained in any identification reasonably resembles the
elector. The identification procedure does not affect absentee voting or voting by
military electors.
Currently, following each general election, a municipality where registration is
required must complete a canvass to identify each registered elector who has failed
to vote within the previous four years, attempt to notify each such elector, and revise
and correct its list of registered electors accordingly. This bill provides that if a
municipality fails to complete the canvass within 120 days of the general election,
the board may conduct the canvass at the expense of the municipality.
Currently, each municipality appoints and supervises election inspectors (poll
workers). Under this bill, if the board finds that an inspector has repeatedly and
materially failed to substantially comply with the election laws or rules of the board,
the board may remove the inspector and appoint a replacement to serve the
remainder of the inspector's unexpired term. The replacement must be compensated
by the municipality and is subject to the supervision of the municipal clerk or board
of election commissioners. However, unlike most other inspectors, the replacement
may be appointed without regard to party affiliation. The bill also permits the board
to appoint a special master to assume all functions of the municipal clerk or board
of election commissioners if the board finds that a municipality has repeatedly and
materially failed to substantially comply with the election laws or rules of the board
in administering elections. The bill requires the municipality to pay all costs
incurred relating to the special master.
Under current law, the board may promulgate rules to interpret or implement
the laws relating to the conduct and administration of elections and election
campaigns. This bill expands the board's rule-making authority, permitting the
board to promulgate rules to promote the efficient and fair conduct of elections. This
bill also directs the board to conduct training programs so that individuals exercising
the right of access to polling places may inform themselves of the election laws, the
procedures for conducting elections, and the rights of individuals who observe
election proceedings.
Land information and land use
Currently, the land information board is attached to DOA. The board serves as
a state clearing house for access to land information and provides technical
assistance to state agencies and local governmental units with land information
responsibilities, reviews and approves county plans for land records modernization,
and provides aids to counties, derived from recording fee revenues collected by
counties, for land records modernization projects. Under current law, the board and
its functions are abolished effective on September 1, 2003. This bill abolishes the
land information board on the day the bill becomes law and permanently transfers
its functions, together with its assets and liabilities, to DOA.
Under the Land Information Program, a number of state agencies, including
DOA, DATCP, DHFS, DNR, and DOR, are required to submit biennially to the land
information board a plan to integrate land information so that the information is
readily translatable, retrievable, and geographically referenced for use by any state,
local governmental unit, or public utility. This bill eliminates the requirement that
DOR submit such a plan, beginning with the plan that is due in 2002.
Currently, counties collect a land record fee for recording and filing most
instruments that are recorded or filed with the register of deeds. The fee is $10 for
the first page of an instrument and $2 for each additional page. Until September 1,
2003, counties must remit $2 of each $10 collected for recording or filing the first page
of each instrument to the land information board, which the board uses to fund its
general program operations and to make grants to counties for land records
modernization projects. Currently, if a county does not have a land information office
or does not use $4 of the fee for recording or filing the first page of an instrument for
land records modernization, the county must remit $6 of the fee for recording or filing
the first page of an instrument to the land information board. On September 1, 2003,
the fee for recording or filing the first page of an instrument is reduced from$10 to
$8 and no portion is remitted to the state.
This bill permanently increases the fee for recording or filing the first page of
an instrument with a register of deeds from $10 to $11, and requires a county to remit
either $2 or $7 of this fee to DOA, depending on whether the county has a land
information office and uses the fee for land records modernization.
Currently, DOA may provide grants to local governments to be used to finance
a portion of the cost of certain comprehensive planning activities from general
purpose revenue. This bill provides, in addition, for a portion of the land record fee
received by DOA to be used for that purpose.
Under current law, the Wisconsin land council in DOA must perform duties
including identifying and recommending to the governor land use goals and
priorities, identifying and studying areas of conflict in the state's land use statutes
and between state and local land use laws and recommending to the governor
legislation to resolve the conflicts, and studying the development of a
computer-based land information system.
This bill discontinues the council's function of studying the development of a
computer-based land information system, and adds several new functions to the
council's duties, including establishing a land information working group and
reviewing county land records modernization plans. The bill also adds three
members to the 16-member council and eliminates the council's sunset date of
September 1, 2003.
Under current law, DOA awards transportation planning grants to local
governmental units (cities, villages, towns, counties, and regional planning
commissions) to pay for planning activities related to the transportation element of
a comprehensive land use and development plan. Under this bill, DOA may also
award transportation planning grants to assist local governmental units in the
integrated transportation and land-use planning for highway corridors (areas
expected to need additional capacity for vehicular traffic or to have possible safety
or operational problems resulting from pressure for development). The bill requires
DOA to award transportation planning grants in the following order of priority: 1)
grants that pay for planning activities related to a transportation element and which
also assist in highway corridor planning; 2) grants that only pay for planning
activities related to a transportation element; and 3) grants that only assist in
highway corridor planning. The bill also expands the definition of "local
governmental unit" to include a metropolitan planning organization (an
organization that develops transportation plans and programs).
State procurement services
Currently, DOA provides procurement services to state agencies and some local
governments. These procurement functions are financed with general purpose
revenue. This bill permits DOA to assess any state agency or local government to
which it provides procurement services for the cost of the services provided to the
agency or local government. The bill also permits DOA to identify savings that DOA
determines were realized by any state agency to which it provides procurement
services, and to assess the agency for not more than the amount of the savings so
identified. The bill does not define "savings" and does not specify any methodology
for determination of these assessments. The bill appropriates to DOA all moneys
collected from these assessments to be used to finance procurement services. The
change potentially decreases the moneys available to agencies and local
governments for other purposes. The bill also appropriates moneys from the revenue
sources that finance the programs of state agencies to supplement the unbudgeted
costs of procurement service charges, except charges for identified procurement
savings.
Currently, subject to numerous exceptions, DOA, or any state agency in the
executive branch to which DOA delegates purchasing authority, must make
purchases by bid or competitive sealed proposal that must be preceded by at least two
notices published in the official state newspaper, the latest of which must be inserted
at least seven days prior to opening of the bids or competitive sealed proposals. This
bill permits DOA or any state agency to which DOA delegates purchasing authority
to make purchases by soliciting sealed bids to be opened at a specified date and time
or by solicitation of bids at an auction to be conducted electronically at a specified
date and time, or by competitive sealed proposal. If bids are to be solicited at an
electronic auction, the bill requires notice of the auction to be posted on an Internet
site determined or authorized by DOA at least seven days prior to the date of the
auction. The bill also permits notice of any proposed purchase by DOA or an agency
to which DOA delegates purchasing authority to be posted electronically on an
Internet site determined or authorized by DOA at least seven days prior to the date
that bids or competitive sealed proposals are to be opened or bids are to be received
by auction in lieu of the publication required under current law.
Currently, DOA maintains a subscription service that provides current
information of interest to prospective vendors concerning state procurement
opportunities. This bill permits DOA to permit prospective vendors to provide
product or service information through this service and also permits DOA to
prescribe fees or establish fees through a competitive process for the use of the
service. Any revenue collected from the fees is deposited in the state VendorNet fund,
which is used to pay the costs of the subscription service.
Municipal boundary review
