Under current law, beginning in 2004, counties and municipalities that agree
to consolidate county or municipal services are eligible to receive consolidation
incentive payments equal to 75% of the amount that the counties or municipalities
save as a result of consolidating services. This bill eliminates consolidation incentive
payments.
natural resources
This bill increases most resident and nonresident hunting and fishing license
fees, including small game, deer, Class A and Class B bear, archer, wild turkey,
annual fishing, sports, and conservation patron. The bill also increases the fee for
Great Lakes trout and salmon stamps and resident trapping licenses.
Current law appropriates to DNR, until July 1, 2003, moneys from the
conservation fund for the payment of principal and interest costs incurred in
financing land acquisition and development for state forests. This bill appropriates
the funds until July 1, 2005, and requires that the fund be used before money in the
general fund is used.
Under current law, 50% of the state funding for the removal and disposal of deer
killed by motor vehicles is appropriated from the general fund and 50% is
appropriated from the conservation fund. Under this bill, 50% is appropriated from
the conservation fund and 50% is appropriated from the transportation fund.
Retirement and group insurance
Under current law, the state must offer to all of its employees at least two
insured or uninsured health care coverage plans providing substantially equivalent
hospital and medical benefits, including a health maintenance organization or a
preferred provider plan. This bill provides that, beginning on January 1, 2004, the
state must place each of the plans into one of three tiers established in accordance
with standards adopted by the Group Insurance Board (GIB). The tiers must be
separated according to the employee's share of premium costs.
In addition, unless otherwise provided in collective bargaining agreements and
the state's compensation plan, currently the state must pay 90% of the gross
premium for the standard health insurance plan offered to state employees by the
GIB or 105% of the gross premium of other qualifying health insurance plans offered
by GIB. This bill requires the state to pay not less than 80% of the average premium
cost of plans offered in the tier with the lowest employee premium cost regardless of
the plan selected by the employee, but retains the requirement that these amounts
are subject to applicable collective bargaining agreements and the state's
compensation plan.
Currently, unused sick leave accumulated by a state employee may be used to
pay health insurance premiums under the state health insurance plan once the
employee dies or terminates state employment. Under the program, the employee's
accumulated unused sick leave is converted to credits based on his or her basic pay
rate immediately prior to termination. In order to use the credits, for an employee
who terminates state employment, the employee must either be immediately eligible
for a retirement annuity or have attained 20 years of creditable service under the
Wisconsin Retirement System (WRS) and have deferred application for a retirement
annuity.
This bill provides that any state employee who has attained 20 years of
creditable service and terminates state employment retains his or her sick leave
credits even though he or she has not reached the minimum age required to receive
a retirement annuity under the WRS. In addition, the bill provides that the sick
leave credits are based on the employee's highest basic pay rate he or she received
while employed by the state, not the basic rate the employee received immediately
prior to termination.
Under current law, for receipt of a retirement annuity under the WRS, the
participant must have attained age 55, or have attained age 50 if the participant is
a protective occupation participant, and must be separated from covered
employment for a certain period. This bill provides that the participant is not
required to be separated if the participant has attained his or her normal retirement
date or has attained a combination of age and years of creditable service such that
the participant is not subject to an annuity reduction penalty; or the participant has
terminated employment with a participating employer and is employed by a
different participating employer, as determined under any applicable provision
under the Internal Revenue Code.
Currently, under certain conditions, WRS participating employees may
purchase creditable service under the WRS that was previously forfeited. In
addition, a participating employee may purchase creditable service under the WRS
for service performed as an employee of another governmental unit that is not a
participating employer under the WRS.
This bill provides for additional ways to purchase creditable service for forfeited
service and other governmental service. Under the bill, participating employees may
transfer moneys to the employee trust fund to purchase creditable service for
forfeited service and other governmental service from tax sheltered annuity plans,
governmental deferred compensation plans, and deferred compensation plans
offered in the private sector.
State government
State employment
This bill eliminates DER and transfers its powers and duties to DOA.
Currently, DER is charged with administering the state civil service system,
establishing and maintaining the state's classification system, crafting the
compensation plan for most nonrepresented state employees for submission to the
Joint Committee on Employment Relations, establishing procedures for
recruitment, selection, appointment, and promotion for classified positions in the
state civil service, developing and maintaining the career executive service, and
administering the hazardous employment program.
Under current law, the Personnel Commission hears appeals of state employee
position classification decisions, examination scores, appointment decisions, and
disciplinary actions taken against employees by their employer (appeals functions).
In addition, the Personnel Commission investigates complaints by state employees
for discriminatory or retaliatory actions taken by their employers relating to the Fair
Employment Act, public employee safety and health protections, the state's
whistle-blower law, the Family and Medical Leave Act, elder abuse reporting contact
protections, and health care worker reporting protections (complaints functions).
This bill abolishes the Personnel Commission and transfers its appeals functions to
the Employment Relations Commission and its complaints functions to the Division
of Equal Rights in DWD.
With certain exceptions, this bill transfers all attorney positions in executive
branch agencies to DOA effective on October 1, 2003, or on the first day of the third
month beginning after the bill is enacted, whichever is later. Attorney positions in
DOJ, the Office of the State Public Defender, the PSC, the UW System, the State of
Wisconsin Investment Board, the Elections Board, the Ethics Board, DRL, and the
Office of the Governor are exempt, as are all state employees working in an office of
a district attorney and all positions identified as hearing examiners, hearing officers,
or administrative law judges. In addition, the bill retains the chief counsel position
in each of 13 major state agencies.
The bill authorizes DOA to provide legal services to executive branch agencies,
including the Building Commission.
State finance
In 2002, a nonstock corporation organized by the secretary of administration,
called Badger Tobacco Asset Securitization Corporation (BTASC), entered into an
arrangement with the state to issue bonds secured by payments owed the state under
the Attorneys General Master Tobacco Settlement Agreement of November 23, 1998.
To date, approximately $1,591,000,000 in such bonds have been issued.
This bill creates a program, to be administered by DOA, to purchase any of the
outstanding bonds issued by BTASC. Under the bill, funds for the program may not
exceed $1,600,000,000. The principal of and interest on the revenue obligations
issued by the Building Commission are to be secured by principal and interest
payments received from the bonds issued by BTASC and purchased by the state. In
addition, the bill contains a moral obligation pledge in which the legislature
expresses its expectation and aspiration that, if the BTASC bond principal and
interest payments are insufficient to pay the principal of and interest on the revenue
obligations issued by the Building Commission, the legislature will make an
appropriation from the general fund sufficient to pay the principal of and interest on
the obligations. Finally, the bill provides that the remainder of moneys received after
the retirement of the bonds, the making of certain payments, and the provision of
reserves, are to be equally divided between the tobacco control fund and the general
fund.
Under current law, employers participating in WRS are required to make
contributions to fund the retirement benefits provided to WRS participants. Among
the contributions that participating employers must make are contributions to pay
any unfunded prior service liability resulting, generally, from prior creditable service
or benefit improvements retroactively granted to participating employees.
Currently, the payment of unfunded prior service liability is amortized as a level
percent of payroll over a period of 40 years and is scheduled to be fully paid in 2030.
This bill creates two programs, administered by DOA, to issue revenue
obligations to pay the state's unfunded prior service liability under the WRS. Under
the first program, the principal and interest costs on the revenue obligations are to
be paid from excise taxes that are currently imposed on the sale of liquor, fermented
malt beverages, cigarettes, and tobacco products. Funds for the program may not
exceed $750,000,000
Under the second program, DOA may issue appropriation obligations in an
amount up to $750,000,000 to pay the state's unfunded prior service liability. An
appropriation obligation is an undertaking by the state to repay a certain amount of
borrowed money that is payable from moneys annually appropriated by law for debt
service due in that year. The bill provides that an appropriation obligation is not
public debt and that the state is only required to repay in debt service costs in each
fiscal year an amount that is actually appropriated for debt service costs in that fiscal
year. If moneys are not appropriated in any fiscal year for the payment of debt service
costs, the state is not obligated to pay the debt service costs incurred in that fiscal
year. The bill does contain a moral obligation pledge, however, in which the
legislature, recognizing its moral obligation to do so, expresses its expectation and
aspiration that it will make timely appropriations from moneys in the general fund
sufficient to pay the principal and interest costs on any appropriation obligations
that are incurred in any year.
Under current law, the state treasurer performs a number of duties relating to
carrying out the state's cash management functions. This bill transfers these duties
to DOA.
Under current law, the amount of general purpose revenue that may be
appropriated in any fiscal biennium is limited to the amount appropriated in the
prior fiscal biennium, adjusted by the annual percentage change in this state's
aggregate personal income. Currently, however, the limitation does not apply to an
appropriation for principal repayment and interest payments on public debt and
other payments relating to public debt; an appropriation to honor a moral obligation
pledge; an appropriation contained in a bill that is enacted with the approval of at
least two-thirds of the members of each house of the legislature; an appropriation
for certain legal expenses and costs; an appropriation for tax relief; an appropriation
to make a transfer from the general fund to the budget stabilization fund; or an
appropriation to the Higher Educational Aids Board, DPI, or the UW System.
This bill provides that the limitation also does not apply to an appropriation for
the 2003-05 fiscal biennium to make aid payments to counties and municipalities.
Under current law, the Board of Commissioners of Public Lands (BCPL) may
invest moneys in the common school fund, the normal school fund, the university
fund and the agricultural college fund (collectively, the trust funds) in certain
specified investments. These include bonds or notes of the United States; bonds
issued by this state or the UW Hospitals and Clinics Authority; and bonds issued by
a town, village, city, county, or school district or certain other special districts in the
state.
This bill authorizes BCPL to delegate to the Investment Board the authority to
invest part or all of the moneys in the trust funds. Under the bill, if BCPL delegates
the authority, the Investment Board may invest the moneys in the trust funds in any
manner authorized for the investment of other funds under the control of the
Investment Board.
The bill also authorizes BCPL, at the governor's request, to invest moneys in
the trust funds in the purchase of land in this state. A condition on the purchase of
this land, however, is that BCPL must determine that the purchase of the land will
reduce the per acre costs incurred by BCPL in managing the public lands and all
other lands managed by BCPL.
Current statutes contain a rule of procedure which provides that no bill directly
or indirectly affecting general purpose revenues may be adopted 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 a certain percentage of the total general purpose revenue
appropriations for that fiscal year. For fiscal year 2003-04, the amount is 1.6%; for
fiscal year 2004-05, the amount is 1.8%; and for fiscal year 2005-06 and each year
thereafter, the amount is 2%.
This bill requires the secretary of administration, by January 1, 2004, to
estimate the total amount that will be deposited into the Medical Assistance (MA)
trust fund for fiscal year 2003-04. The MA general purpose revenues appropriation
is reduced by that portion of the total amount that the secretary estimates will exceed
$550,000,000. The secretary must perform the same estimate, by January 1, 2005,
for fiscal year 2004-05, and the MA general purpose revenues appropriation is
reduced by that portion of the total amount that the secretary estimates will exceed
$80,000,000. The bill modifies the required general fund balance for fiscal year
2003-04 to be the amount by which the MA general purpose revenues appropriation
is reduced for that fiscal year, or $35,000,000, whichever is greater; modifies the
required general fund balance for fiscal year 2004-05 to be the amount by which the
MA general purpose revenues appropriation is reduced for that fiscal year, or
$40,000,000, whichever is greater; and modifies the required general fund balance
for 2005-06 to be $75,000,000. Lastly, the bill increases the MA trust fund for fiscal
years 2003-04 and 2004-05 by the amount of the reduction to the MA general
purpose revenues appropriation for each of those fiscal years.
Current law requires that moneys in the bond security and redemption fund
may only be invested in direct obligations of the United States. The bill expands the
investment options for moneys in this fund to include securities issued by the United
States, or one of its agencies, and securities fully guaranteed by the United States.
This bill makes a number of transfers from segregated funds to the general
fund, including the following:
1. The bill transfers from the transportation fund to the general fund
$15,000,000 in each fiscal year of the 2003-05 fiscal biennium.
2. The bill transfers from the veterans mortgage loan repayment fund to the
general fund $900,300 in each fiscal year of the 2003-05 fiscal biennium.
3. The bill transfers to the general fund $83,600 from the patients
compensation fund, $75,100 from the local government property insurance fund, and
$59,500 from the state life insurance fund in each fiscal year of the 2003-05 fiscal
biennium.
4. The bill transfers $2,118,500 in fiscal year 2003-04 and $3,118,500 in fiscal
year 2004-05 from the environmental fund to the general fund.
5. The bill transfers $3,158,100 in fiscal year 2003-04 and $158,100 in fiscal
year 2004-05 from the recycling fund to the general fund.
6. The bill transfers from the petroleum inspection fund to the general fund
$1,657,400 in each fiscal year of the 2003-05 fiscal biennium.
7. The bill transfers $2,055,000 from the tobacco control fund to the general
fund on July 1, 2004.
Other state government
Under current law, DATCP administers most consumer protection and trade
practice laws. This bill transfers all of the administrative authority for certain of
these laws, including laws relating to ticket refunds, fraudulent representations,
methods of competition and trade practices, cable television subscriber rights,
product safety, future services plans, landlord and tenant, and time-share
ownership, to DOJ. It also transfers the authority to bring a court action to enforce
these laws to DOJ or to DOJ jointly with the appropriate district attorney. Although
the bill does not affect DATCP's authority to administer other laws, including laws
relating to unfair trade practices in the dairy industry, discrimination in the
purchase of milk, and unfair trade practices in the procurement of vegetable crops
it requires DOJ to furnish legal services to DATCP relating to their enforcement.
Under current law, if a court imposes a fine or forfeiture for a violation of certain
consumer protection laws or the laws regulating weights and measures, the court is
required to impose an additional consumer protection assessment. The assessments,
up to a certain limit, are available for expenditure by DATCP for consumer protection
and consumer information and education. Under the bill, most of these consumer
protection assessments are available for expenditure by DOJ, rather than DATCP.
The bill also requires the imposition of the consumer protection assessment for fines
or forfeitures resulting from the violation of the laws prohibiting the creation of
monopolies and the unfair and discriminatory business practices that hamper
competition.
The bill also changes the name of DATCP to the Department of Agriculture,
Trade, and Rural Resources.
This bill eliminates DEG and transfers its functions to DOA. The bill also
deletes the exemption of the UW System from certain laws affecting
telecommunications procurement procedures.
Under current law, the Land Information Board is abolished effective on
September 1, 2003. This bill changes this expiration date to September 1, 2005. The
bill also changes the date on which certain land recording fees are reduced from
September 1, 2003 to September 1, 2005.
This bill extends the sunset date for the Wisconsin Land Council, which is
attached to DOA, from August 31, 2003 to September 1, 2005.
This bill increases the fee imposed by DOJ for a fingerprint card record check
from $10 to $15. It also requires DOJ to impose a $5 surcharge whenever a person
requesting a criminal background check, other than for criminal justice purposes or
in connection with the sale of a handgun, asks for a paper copy of the results of the
background check.
This bill directs the secretary of administration, by July 1, 2004, to review all
holdings of state-owned real or personal property, except facilities or institutions the
sale or closure of which is not authorized by law, for sale or lease. The bill also
provides for the net proceeds of property sales and leases by the Building
Commission and the net proceeds of certain sales of property by DOA to be deposited
in the budget stabilization fund.
Under current law, the Tax Appeals Commission is the final administrative
authority for the hearing and determination of most tax-related matters arising in
this state. This bill eliminates the Tax Appeals Commission and replaces it with the
Office of the Commissioner of Tax Appeals.
This bill prohibits all state agencies and authorities from entering into a
contract or order for the purchase of materials, supplies, equipment, or contractual
services with any person if the secretary of revenue determines that the person or
an affiliate of the person refuses to collect and remit sales and use taxes on its sales
delivered to this state. Currently, there is no such prohibition.
taxation
Under current law, for local general property tax purposes, DOR identifies and
assesses all manufacturing property located in this state and reports the value of
such assessments to the municipalities in which manufacturing property is located.
Under this bill, for local general property tax purposes, each taxation district
identifies and assesses all manufacturing property located in the the taxation
district.
transportation
Highways
Under current law, the Building Commission may issue revenue bonds for
major highway projects and transportation administrative facilities in a principal
amount that may not exceed $1,753,067,500. A major highway project is a project
having a total cost of more than $5,000,000 and involving construction of a new
highway 2.5 miles or more in length; reconstruction or reconditioning of an existing
highway that relocates at least 2.5 miles of the highway or adds one or more lanes
at least five miles in length to the highway; or improvement of an existing multilane
divided highway to freeway standards. However, under current law, the Marquette
interchange reconstruction project, lying at or near the junction of I 94, I 43, and I
794, in Milwaukee County, is not classified as a major highway project.
This bill increases the revenue bond limit from $1,753,067,500 to
$2,916,403,000. The bill also provides that revenue bond proceeds may be expended
for state highway rehabilitation projects, which are generally projects not qualifying
as major highway projects that involve reconditioning, reconstruction, or
resurfacing of highways on the state trunk system and connecting highways.
Additionally, the bill provides that revenue bond proceeds may be expended for the
Marquette interchange reconstruction project.
Under current law, state funds appropriated from the transportation fund for
state highway rehabilitation and state and federal funds appropriated from the
transportation fund for the rehabilitation of southeast Wisconsin freeways,
including the Marquette interchange reconstruction project, may not be used for the
installation, replacement, rehabilitation, or maintenance of highway signs, traffic
control signals, highway lighting, pavement markings, or intelligent transportation
systems unless incidental to the improvement of existing state trunk and connecting
highways or the rehabilitation of southeast Wisconsin freeways. This bill eliminates
this prohibition.
Under current law, DOT must award grants totaling $10,000,000 to the city of
Milwaukee to fund the reconstruction of West Canal Street in the city of Milwaukee
if the city contributes $10,000,000 toward the project. This bill permits the use of
these funds for the extension of West Canal Street to USH 41 at Miller Park in the
city of Milwaukee.
The federal Highway Beautification Act requires states to restrict advertising
along interstate and federal-aid (primary) highways. Current state law prohibits,
with certain exceptions, the erection or maintenance of outdoor advertising signs
within 660 feet of, or beyond 660 feet but visible (and erected for the purpose of being
visible) from, the main-traveled way of an interstate or primary highway.
Also under current law, DOT administers a Scenic Byways Program, under
which DOT may designate as "scenic byways" highways that have outstanding
scenic, historic, cultural, natural, recreational, or archeological qualities.
This bill changes the definition of primary highway to conform to federal law
and imposes additional restrictions on advertising along interstate and primary
highways designated as state scenic byways to conform to federal law.
Drivers and motor vehicles
Under current law, a person may not operate a motor vehicle if he or she has
an alcohol concentration of 0.1 or more and has not more than one conviction relating
to operating a motor vehicle with a prohibited alcohol concentration. A person who
has two convictions relating to operating a motor vehicle with a prohibited alcohol
concentration may not operate a motor vehicle if he or she has an alcohol
concentration of 0.08 or more, and a person who has three or more convictions
relating to operating a motor vehicle with a prohibited alcohol concentration may not
operate a motor vehicle if he or she has an alcohol concentration of 0.02 or more.
This bill changes the prohibited alcohol concentration from 0.1 to 0.08 for a
person with one or no prior convictions relating to operating a motor vehicle with a
prohibited alcohol concentration.
Under current law, the owner of a vehicle who applies for a first certificate of
title or for a new certificate of title after transfer of a vehicle must pay an application
fee of $8.50. With certain exceptions, DOT also charges an annual vehicle
registration fee of $45 per automobile.
Under this bill, the application fee for a first certificate of title or for a certificate
of title after transfer of a vehicle is $18.50, and the annual registration fee for an
automobile is $55.
Under current law, a person must pay an environmental impact fee of $9 upon
registering a new motor vehicle with DOT or upon applying for a new certificate of
title following a transfer of a vehicle. The environmental impact fees are credited to
the environmental fund and are earmarked for environmental management
activities. The fee expires on December 31, 2003. This bill increases the fee to $10.50
and eliminates the expiration date.
DOT currently administers a classified driver license system to implement the
requirements of the Federal Commercial Motor Vehicle Safety Act of 1986. Under
current law, DOT must disqualify a commercial motor vehicle (CMV) operator who
commits a major traffic-related offense or another serious traffic violation. This bill
makes changes to the classified driver license system that are required by the
Federal Motor Carrier Safety Improvement Act of 1999. These changes become
effective on September 30, 2005, and include:
1. Creating two new major traffic-related offenses and three new serious traffic
violations.
2. Requiring disqualification of commercial driver license (CDL) privileges for
certain offenses committed while operating a nonCMV as well as a CMV.
3. Prohibiting the issuance of an occupational license authorizing the operation
of a CMV.
4. Requiring operators of school buses that are CMVs to maintain a CDL "S"
endorsement, which may only be issued by DOT after the operator passes a
knowledge and driving skills test.
5. Requiring DOT to maintain detailed records of actions taken against persons
holding CDLs and persons operating CMVs without a CDL, and of convictions of such
persons for offenses committed in both CMVs and nonCMVs.
Under current law, the fee for most permits to operate upon a highway a vehicle
or combination of vehicles that exceeds certain statutory limits on size, weight, or
load are 10% higher than the usual rates for the period beginning on January 1, 2000,
and ending on June 30, 2003. This bill delays the sunset date of the permit fee
increases from June 30, 2003, to June 30, 2005.
Current law requires DOT to conduct a motor vehicle emission inspection
program in counties in which the air quality does not meet certain federal standards.
This bill appropriates money from the petroleum inspection fund to pay the costs of
administering the program, including contracting for emission inspections.
Transportation aids
Under current law, DOT makes general transportation aids payments to a
county based on a share-of-costs formula, and to a village, city, or town
(municipality) based on the greater of a share-of-costs formula for municipalities or
an aid rate per mile, which is $1,825 for 2003 and thereafter. This bill increases the
aid rate per mile to $1,871 for 2004 and $1,917 for 2005 and thereafter.
This bill increases the maximum amount of general transportation aids that
may be paid to counties from $90,044,600 in 2003 to $92,295,700 in 2004 and
$94,603,100 in 2005 and thereafter. The bill also increases the maximum amount
of aid that may be paid to municipalities from $283,291,100 in 2003 to $290,373,400
in 2004 and $297,632,700 in 2005 and thereafter.
Under current law, DOT provides state aid, for each of four classes of mass
transit systems, to local public bodies in urban areas served by mass transit systems
to assist with the expenses of operating those systems. This bill increases the total
amount of state aid to each class of mass transit system.
Rail and air transportation
This bill eliminates the Office of the Commissioner of Railroads and provides
for the elimination and transfer of its functions as follows:
1. The office is currently authorized to regulate railroads to prevent
"unreasonable or unjustly discriminatory" rates and inadequate services within the
state and to require a finding of "public convenience and necessity" before
constructing any new track. The bill eliminates this authority.
2. Under current law, the office may order railroads to install protective devices
at crossings where a railroad intersects a street or another railroad. The bill
transfers this authority to DOT and authorizes DOT to issue orders in these matters
without a hearing, based on investigation and application of safety, programming,
and cost allocation criteria promulgated by rule. The bill provides for review of DOT
orders in these matters by the Division of Hearings and Appeals (division) in DOA.
3. Regulatory functions currently assigned to the office and not eliminated in
the bill are transferred to DOT, and functions having the character of contested case
resolution are transferred to the division.
This bill authorizes DOT to award grants to municipalities and specified
political subdivisions for certain activities and capital costs related to the
development or extension of commuter rail transit systems. Construction or
expansion of a commuter rail transit system costing more than $5,000,000 may not
be undertaken using state funds unless the project is specifically enumerated by
statute.
This bill increases the authorized general obligation bonding limit for the
acquisition and improvement by DOT of rail property from $28,000,000 to
$32,500,000.
