For 2005-07 Budget -- Not Ready For Introduction
2005 BILL

AN ACT ...; relating to: expenditures of committees created by law or executive order and expenditures for state participation in interstate bodies.
Analysis by the Legislative Reference Bureau
STATE GOVERNMENT
Other state government
Currently, this state is required by law to maintain memberships in certain interstate organizations. The governor may authorize memberships to be maintained in other organizations, and may authorize travel and miscellaneous expenses to facilitate state participation in interstate bodies. This bill permits the secretary of administration to reduce or eliminate membership dues and other proposed expenditures required for state participation in these organizations, notwithstanding current statutory requirements, if insufficient moneys are appropriated to pay for the proposed expenditures.
Currently, all expenditures of committees created by law or executive order require the prior approval of the governor and in certain cases, the Joint Committee on Finance. This bill permits the secretary of administration to reduce or eliminate proposed expenditures for committees created by law or executive order, notwithstanding the governor's approval of such expenditures, if insufficient moneys are appropriated to pay for the proposed expenditures.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 13.93 (2) (g) of the statutes is amended to read:

13.93 (2) (g) Attend the midwest and national legislative service conferences of the council of state governments. This paragraph does not apply if this state discontinues membership in the council as a result of an expenditure reduction under s. 20.505 (4) (ba).

SECTION 2. 14.78 (1) of the statutes is amended to read:

14.78 (1) MEMBERS; TERMS. There is created a Great Lakes compact commission consisting of 3 commissioners appointed by the governor. The commissioners shall be persons having knowledge of and interest in problems of the Great Lakes basin. One commissioner, appointed for an indefinite term, shall be a state officer or employee and shall serve as secretary of the Great Lakes compact commission. The other commissioners shall be appointed for terms of 4 years. The commissioners shall receive no salaries but shall be reimbursed for actual and necessary expenses, unless the secretary of administration reduces or eliminates reimbursement under s. 20.505 (4) (ba).

SECTION 3. 14.78 (2) (intro.) of the statutes is amended to read:

14.78 (2) DUTIES. (intro.) It Except as provided in sub. (2m), it is the duty of the Wisconsin Great Lakes compact commission:

SECTION 4. 14.78 (2m) of the statutes is created to read:

14.78 (2m) Subsection (2) does not apply if the funding required for compliance is eliminated under s. 20.505 (4) (ba).

SECTION 5. 14.90 (2) of the statutes is amended to read:

14.90 (2) The members of the commission shall serve without compensation but shall be reimbursed from the appropriation under s. 20.505 (4) (ba) for actual and necessary expenses incurred in the performance of their duties, except as provided in sub. (4). The commission has the powers granted and the duties imposed under s. 39.80.

SECTION 6. 14.90 (3) of the statutes is amended to read:

14.90 (3) From the appropriation under s. 20.505 (4) ba), the Except as provided in sub. (4), the department of administration shall pay the costs of membership in and costs associated with the midwestern higher education compact from the appropriation under s. 20.505 (4) (ba).

SECTION 7. 14.90 (4) of the statutes is created to read:

14.90 (4) Payments under subs. (2) and (3) may be reduced or eliminated if the funding for the payments is reduced or eliminated under s. 20.505 (4) (ba).

SECTION 8. 16.40 (14) of the statutes is amended to read:

16.40 (14) COMMITTEES. Perform administrative services required to properly account for the finances of committees created by law or executive order. The governor may authorize each committee to make expenditures from the appropriation under s. 20.505 (4) (ba) not exceeding $2,000 per fiscal year. The governor shall report such authorized expenditures to the joint committee on finance at the next quarterly meeting of the committee. If the governor desires to authorize expenditures of more than $2,000 per fiscal year by a committee, the governor shall submit to the joint committee on finance for its approval a complete budget for all expenditures made or to be made by the committee. The budget may cover a period encompassing more than one fiscal year or biennium during the governor's term of office. If the joint committee on finance approves a budget authorizing expenditures of more than $2,000 per fiscal year by such a committee, the governor may authorize the expenditures to be made within the limits of the appropriation under s. 20.505 (4) (ba) in accordance with the approved budget during the period covered by the budget. If after the joint committee on finance approves a budget for such a committee the governor desires to authorize expenditures in excess of the authorized expenditures under the approved budget, the governor shall submit a modified budget for the committee to the joint committee on finance. If the joint committee on finance approves a modified budget, the governor may authorize additional expenditures to be made within the limits of the appropriation under s. 20.505 (4) (ba) in accordance with the modified budget during the period covered by the modified budget. The secretary may reduce or eliminate proposed expenditures under this subsection in any fiscal year if the amount appropriated under s. 20.505 (4) (ba) for that fiscal year is insufficient to fully fund the proposed expenditures.

SECTION 9. 20.505 (4) (ba) of the statutes is amended to read:

20.505 (4) (ba) General program operations. The amounts in the schedule for the expenses of committees created by law or executive order, for the state's contribution to the advisory commission on intergovernmental relations, and for state membership dues and travel expenses and miscellaneous expenses for state participation in the Council of State Governments, Education Commission of the States under s. 39.76, Midwestern Higher Education Compact under s. 39.80, Northeast Midwest Institute, Council of Great Lakes Governors, Great Lakes Commission, and such other national or regional interstate governmental bodies as the governor determines. The secretary of administration may reduce or eliminate proposed expenditures under this paragraph in any fiscal year if the amount appropriated for that fiscal year is insufficient to fully fund the proposed expenditures.

SECTION 10. 39.76 (1) of the statutes is amended to read:

39.76 (1) STATE REPRESENTATION ON THE EDUCATION COMMISSION OF THE STATES. There is created a 7-member delegation to represent the state of Wisconsin on the education commission of the states. The delegation shall consist of the governor, the state superintendent of public instruction, one senator and one representative to the assembly selected as are the members of standing committees in their respective houses, and 3 members appointed by the governor in compliance with s. 39.75 (3) (a) who shall serve at the pleasure of the governor. The chairperson of the delegation shall be designated by the governor from among its members. Members Except as provided in sub. (1m), members of the delegation shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties from the appropriation in s. 20.505 (4) (ba). Annual Except as provided in sub. (1m), annual commission membership dues shall be paid from the appropriation in s. 20.505 (4) (ba).

SECTION 11. 39.76 (1m) of the statutes is created to read:

39.76 (1m) Payments under sub. (1) may be reduced or eliminated if funding for the payments is reduced or eliminated under s. 20.505 (4) (ba).
(End)
LRB-0753LRB-0753/2
MGG:wlj:jf
2005 - 2006 LEGISLATURE

DOA:......Statz, BB0264 - Management of fisheries within Lac du Flambeau reservation
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Natural resources
Fish, game, and wildlife
Under current law, DNR and the Lac du Flambeau band of the Lake Superior Chippewa (band) have in effect an agreement under which the band agrees to limit its treaty-based, off-reservation rights to fish in exchange for the band being able to issue DNR fishing licenses and stamps as an agent of DNR. In addition, DNR agents may issue these licenses and stamps on the band's reservation. Current law authorizes DNR to pay the band an amount equal to the amount that the band would receive if the band issued those licenses and stamps. This payment is funded by certain moneys received by the state pursuant to Indian gaming compacts.
This bill requires DNR to make an annual payment of $50,000, in addition to the payment under current law, to the band to be used for fishery management within the band's reservation.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.370 (9) (hk) of the statutes is amended to read:

20.370 (9) (hk) Approval fees to Lac du Flambeau band-service funds. From the general fund, the amounts in the schedule for the purpose of making payments to the Lac du Flambeau band of the Lake Superior Chippewa under s. 29.2295 (4) (a) and (4m). All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 8r. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall revert to the appropriation account under s. 20.505 (8) (hm).

SECTION 2. 29.2295 (4) (c) 2. of the statutes is amended to read:

29.2295 (4) (c) 2. If the amount appropriated under s. 20.370 (9) (hk) is insufficient to make all of the payments under this subsection par. (a), the department shall make the remaining payments from the appropriation under s. 20.370 (9) (ht).

SECTION 3. 29.2295 (4m) of the statutes is created to read:

29.2295 (4m) RESOURCE MANAGEMENT. In addition to any payment made under sub. (4) (a), the department shall make an annual payment of $50,000 to the band for the purposes of fishery management within the reservation.
(End)
LRB-0774LRB-0774/P4
CTS:wlj:jf
2005 - 2006 LEGISLATURE

DOA:......Percy, BB0087 - Streamlining the Wisconsin Development Fund
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
commerce and economic development
Economic development
This bill changes the way the Department of Commerce (department) awards grants and loans from the Wisconsin development fund (WDF). Generally, the department is authorized under current law to make grants and loans from the WDF to businesses and local governments for promoting economic development and creating and retaining jobs.
Under current law, the department may make a grant from the WDF to a person for capitalizing a revolving loan fund whose purpose is to promote local or regional economic development. The department may also make a "rapid response" loan from the WDF to a person for the purchase of equipment or the purchase, renovation, or construction of a building. The department may make a grant from the WDF to a business group to investigate the reorganization or new incorporation of an existing business as an employee-owned business. The department may make a grant from the WDF to a small business for preparing a proposal for a federal program. "Small business" is defined as a business operating for profit with 250 or fewer employees. Further, the department may make a grant to fund the preliminary stages of the expansion or start-up of a business that is or will be located in an urban area in this state. In addition, the department may make grants to the Wisconsin Procurement Institute to further the Institute's efforts to secure federal government contracts and create jobs in the state. Under current law, there are specific conditions and limitations that apply to the department's authority to make a grant or loan for each of the purposes described above.
Current law also authorizes the department, at the request of the Development Finance Board (board), to make grants and loans from the WDF under the technology development, customized labor training, major economic development, and technology and pollution control and abatement programs. Under the technology development program, the board may award a grant or loan to a business or consortium for technical research intended to result in the development of, the initial commercialization of, or the improvement of an industrial product or process. Under the customized labor training program, the board may award a grant or loan to a business for labor training. Under the major economic development program, the board may award a grant or loan to a major economic development project that is not eligible for technology development or customized labor training grants or loans. "Major economic development project" is defined as a project that is necessary to retain or create a significant number of jobs in a political subdivision, will lead to significant capital investment in the state, or will make a significant contribution to the state's economy. Under the technology and pollution control and abatement program, the board may award a grant or loan to a new or expanding business, a municipality or other public entity, or a nonprofit organization for research into, and development of, products and processes involving certain types of pollution or waste and the marketing of such products and processes.
Under current law, there are specific conditions and limitations that apply to the department's authority to make a grant or loan under the technology development, customized labor training, major economic development, and technology and pollution control and abatement programs. These programs are also subject to a set of conditions and limitations that apply to all four. These conditions and limitations permit the board to award a grant or loan only if it has made certain determinations and considered certain factors. The board must determine that the project serves a public purpose, that the project is not likely to occur without a WDF grant or loan, and that the recipient will contribute at least 25 percent of the cost of the project from funds not provided by the state. The board must consider, among other factors, the extent to which the project will retain or increase employment in this state, the extent to which the project will contribute to the economic growth of this state, the financial soundness of the business, and whether the project will be located in a targeted area. Currently, the board decides whether a project will be located in a targeted area based on a number of considerations including an area's employment rate and median household income.
This bill eliminates the technology development, customized labor training, major economic development, and technology and pollution control and abatement programs, as well as the programs for revolving loan fund capitalization, rapid response loans, employee ownership assistance, urban area early planning, and the Wisconsin Procurement Institute. The bill authorizes the department, at the request of the board, to make a grant or loan of WDF funds to an eligible recipient for eligible activities. The bill defines "eligible recipient" as a governing body or person who is eligible to receive a grant or loan. Under the bill, "eligible activities" means any of the following: capital financing; worker training; entrepreneurial development; providing assistance to technology-based businesses or to businesses at a foreign trade show or event; promoting urban or regional economic development; establishing revolving loan funds; providing working capital; and promoting employee ownership through conducting studies to investigate the reorganization of existing businesses as employee-owned businesses and implementing such studies.
Under the bill, the board is required to consider a number of factors in deciding whether to award a WDF grant or loan, including whether the project serves a public purpose and whether the project might not occur without a WDF grant or loan. Under the bill, the board is not required to make any factual determinations in order to award a grant or loan. The bill eliminates certain factors from the board's consideration of whether a project will be located in a targeted area. The bill also eliminates priority requirements that currently apply to the technology development, customized labor training, and major economic development programs; the board is no longer required to: (1) give priority to grants or loans to recipients who use techniques that reduce or eliminate the use of ozone-depleting substances; (2) give more favorable terms on grants and loans awarded to projects that will be located in targeted areas; (3) give priority to grants or loans to recipients who will give hiring priority to recipients of aid to families with dependent children; or (4) give priority to grants and loans for projects related to brownfields redevelopment.
The bill requires the department to establish procedures and conditions for WDF grants and loans, including a matching requirement of at least 25 percent. The bill also changes the definition of "small business," for purposes of WDF grants for preparing the federal program proposals, to mean a business with fewer than 100 employees.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.143 (1) (c) of the statutes is amended to read:

20.143 (1) (c) Wisconsin development fund; grants, loans, reimbursements, and assistance. Biennially, the amounts in the schedule for grants under ss. 560.145, 560.16, 560.175, and 560.26 s. 560.24, subject to s. 560.24 (3); for grants and loans under ss. 560.62, 560.63, and 560.66; for loans under s. 560.147; s. 560.61 subch. V of ch. 560; for reimbursements under s. 560.167; for providing assistance under s. 560.06; for the costs specified in s. 560.607; for the loan under 1999 Wisconsin Act 9, section 9110 (4); for the grants under 1995 Wisconsin Act 27, section 9116 (7gg), 1995 Wisconsin Act 119, section 2 (1), 1997 Wisconsin Act 27, section 9110 (6g), 1999 Wisconsin Act 9, section 9110 (5), and 2003 Wisconsin Act 33, section 9109 (1d) and (2q); and for providing up to $100,000 annually for the continued development of a manufacturing and advanced technology training center in Racine. Of the amounts in the schedule, $50,000 shall be allocated in each of fiscal years 1997-98 and 1998-99 for providing the assistance under s. 560.06 (1). Notwithstanding s. 560.607, of the amounts in the schedule, $125,000 shall be allocated in each of 4 consecutive fiscal years, beginning with fiscal year 1998-99, for grants and loans under s. 560.62 (1) (a).

****NOTE: This is reconciled s. 20.43 (1) (c). This SECTION has been affected by drafts with the following LRB numbers: -0774 and -1614.

SECTION 2. 20.143 (1) (cb) of the statutes is repealed.

****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.

SECTION 3. 20.143 (1) (ie) of the statutes is amended to read:

20.143 (1) (ie) Wisconsin development fund, repayments. All moneys received in repayment of grants or loans under s. 560.085 (4) (b), 1985 stats., s. 560.147, 2003 stats., s. 560.16, 1995 stats., s. 560.165, 1993 stats., s. 560.62, 2003 stats., s. 560.63, 2003 stats., s. 560.66, 2003 stats., subch. V of ch. 560 except s. 560.65,, and 1989 Wisconsin Act 336, section 3015 (1m), 1989 Wisconsin Act 336, section 3015 (2m), 1989 Wisconsin Act 336, section 3015 (3gx), 1997 Wisconsin Act 27, section 9110 (7f), 1997 Wisconsin Act 310, section 2 (2d), and 1999 Wisconsin Act 9, section 9110 (4), to be used for grants and loans under subch. V of ch. 560 except s. 560.65, for loans under s. 560.147, for grants under ss. 560.16 and 560.175, for assistance under s. 560.06 (2), for the loan under 1999 Wisconsin Act 9, section 9110 (4), for the grant under 2001 Wisconsin Act 16, section 9110 (7g), for the grants under 2003 Wisconsin Act 33, section 9109 (1d) and (2q), and for reimbursements under s. 560.167.

SECTION 4. 84.185 (1) (ce) of the statutes is amended to read:

84.185 (1) (ce) "Job" has the meaning specified in s. 560.60 (10) 560.17 (1) (bm).

SECTION 5. 84.185 (1) (cm) of the statutes is amended to read:

84.185 (1) (cm) "Political subdivision" has the meaning specified in s. 560.60 (13) means a county, city, town, or village.

SECTION 6. 234.01 (4n) (a) 3m. e. of the statutes is amended to read:

234.01 (4n) (a) 3m. e. The facility is located in a targeted area, as determined by the authority after considering the factors set out in s. 560.605 (2m) (a) to (h) 560.605 (2m) (c), 2003 stats., s. 560.605 (2m) (d), 2003 stats., s. 560.605 (2m) (e), 2003 stats., and s.560.605 (2m) (a), (b), and (f) to (h).

SECTION 7. 292.11 (7) (d) 1m. b. of the statutes is amended to read:

292.11 (7) (d) 1m. b. An area designated by the local governmental unit if the area consists of 2 or more properties affected by a contiguous region of groundwater contamination or contains 2 or more properties that are brownfields, as defined in s. 560.60 (1v) 560.13 (1) (a).

SECTION 8. 292.255 of the statutes is amended to read:

292.255 Report on brownfield efforts. The department of natural resources, the department of administration, and the department of commerce shall submit a report evaluating the effectiveness of this state's efforts to remedy the contamination of, and to redevelop, brownfields, as defined in s. 560.60 (1v) 560.13 (1) (a).

SECTION 9. 560.045 (1) of the statutes is amended to read:

560.045 (1) To the extent allowed under federal law or regulation, the department shall give priority in the awarding of grants under housing programs to grants for projects related to the redevelopment of brownfields, as defined in s. 560.60 (1v) 560.13 (1) (a).

SECTION 10. 560.135 (5) (a) of the statutes is amended to read:

560.135 (5) (a) The factors under s. 560.605 (2) (a) to (e) (1) (j) to (n).

SECTION 11. 560.135 (5) (b) of the statutes is amended to read:

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