A political subdivision's levy limit could be increased if the amount of debt
service in the current year exceeded the amount in the prior year for debt that was
approved by the governing body before July 1, 2005. If a political subdivision
exceeded the levy limit, DOR was required to reduce the political subdivision's local
aid payments by the amount of the excess.
This bill reinstates the levy limit for the 2007 and 2008 levies and modifies the
calculation of the limit. The bill changes the definition of "valuation factor" to be the
greater of either 4 percent or the percentage change in the political subdivision's
equalized value due to new construction, less improvements removed. The bill also
creates several new exceptions to the levy limit, including levies for certain bridge
and culvert construction and repairs; certain levies related to jointly provided fire
protection services; and county levies for payments to adjacent counties for library
services.
Under the bill, DOR may not reduce a political subdivision's aid payments
unless the amount of the excess levy is at least $500, but if the amount exceeds a
political subdivision's aid payments in the following year, DOR must reduce local aid
payments in future years until the amount is fully deducted. Also under the bill, a
political subdivision is not penalized for an excess levy if DOR determines that the
excess is directly caused by DOR assessment errors or because of an error in
preparing or delivering the tax roll by the taxation district clerk or county clerk.
This bill authorizes a county with a population of 500,000 or more (currently
only Milwaukee County) to issue appropriation bonds on a one-time basis to pay all
or part of the county's unfunded prior service liability with respect to an employee
retirement system of the county. Appropriation bonds are any bond, note, or other
obligation of a county issued as provided in the bill to evidence the county's obligation
to repay borrowed money that is payable from various sources.
Before the county may issue appropriation bonds, the county must enact an
ordinance to implement a five-year strategic and financial plan related to the
payment of unfunded employee retirement benefits. The financial plan must provide
that future annual pension liabilities are funded on a current basis and must contain
quantifiable benchmarks to measure compliance with the plan.
The bill states that the county is not generally liable for appropriation bonds,
and appropriation bonds are not a debt of the county for any purpose. The principal
and the interest on the bonds are payable only from amounts that the county board
may appropriate.
Under the current Expenditure Restraint Program, the state provides an
annual aid payment to any municipality that has a property tax rate greater than
five mills and that limits the growth of its municipal budget according to a formula
based on 60 percent of the percentage change in the equalized assessed value of new
construction located in the municipality and on the rate of inflation.
This bill eliminates the Expenditure Restraint Program and replaces it with
the Municipal Levy Restraint Program. Under the Municipal Levy Restraint
Program, the state provides annual aid payments, beginning in 2009, to any
municipality that has a property tax rate greater than five mills and that limits its
property tax levy to an amount that is no greater than the maximum allowable levy
according to a formula that is based on 60 percent of the percentage change in the
equalized assessed value of new construction located in the region in which the
municipality is located and on the rate of inflation.
The bill also creates the County Levy Restraint Program, under which the state
provides annual aid payments, beginning in 2009, to any county that limits its
property tax levy to an amount that is no greater than the maximum allowable levy
according to a formula that is based on 60 percent of the percentage change in the
equalized assessed value of new construction located in the county and on the rate
of inflation.
This bill increases the total amount of county and municipal aid to be
distributed in 2008 by $15,000,000 over the total amount of aid distributed in 2007.
Each county and municipality receives an increased payment in proportion to its
share of total county and municipal aid payments in 2007. In 2009 and subsequent
years, the amount of each county's and municipality's payment is the same as the
amount of its payment in 2008.
Under current law, no city or village may annex town territory that is located
in a county with a population of at least 50,000 people unless DOA reviews the
proposed annexation and offers an opinion as to whether the annexation is in the
public interest. The city or village must review DOA's advice before taking final
action on the proposed annexation. This bill requires DOA review in all counties.
Generally, under current law, the Milwaukee Metropolitan Sewerage District
(MMSD) must award all contracts for all work done and all purchases of supplies and
materials to the lowest responsible bidder.
This bill authorizes MMSD to let one contract for public construction that may
be only for the construction of a deep tunnel pump station using the design-build
construction process. This process is defined as a project delivery and procurement
process for the design, construction, repair, renovation, installation, or demolition of
a public works project under which a single entity is responsible for the professional
design services and construction services related to the project. MMSD must submit
to DNR performance objectives and preliminary designs for the design-build project,
rather than the completed plans required under current law.
Generally, under current law, the governing body of a political subdivision may,
by a two-thirds vote of its members, enact an ordinance or adopt a resolution
declaring itself to be a premier resort area if at least 40 percent of the equalized
assessed value of the taxable property within the political subdivision is used by
"tourism-related retailers," as defined in a manual that is published by the U.S.
Office of Management and Budget. The definition covers 21 types of retailers,
including variety stores, dairy product stores, gasoline service stations, eating and
drinking places, and hotels and motels.
A premier resort area may impose a tax at a rate of 0.5 percent of the gross
receipts from the sale, lease, or rental of goods or services that are subject to the
general sales and use tax and are sold by tourism-related retailers. The proceeds
of the tax may be used only to pay for infrastructure expenses within the jurisdiction
of the premier resort area, including the costs related to parking lots, transportation
facilities, sewer and water facilities, recreational facilities, fire fighting equipment,
and police vehicles.
The city of Eagle River, the city of Bayfield, the village of Ephraim, and the
village of Sister Bay are currently authorized to enact an ordinance or adopt a
resolution to become a premier resort area even though none meet the requirement
that at least 40 percent of the equalized assessed value of the taxable property be
used by tourism-related retailers.
This bill allows the common council of a first class city (presently only
Milwaukee) to declare a specified area of the city a premier resort area even if the
specified area does not meet the requirement that at least 40 percent of the equalized
assessed value of the taxable property within the specified area be used by
tourism-related retailers. The area must be contiguous, may not exceed four square
miles, and must correspond to nine-digit zip code areas.
Under current law, a law enforcement officer or fire fighter employed by a city
(other than a first class city), village, town or county may not be suspended, reduced
in rank, suspended and reduced in rank, or dismissed by a grievance committee, civil
service commission, county board, or board of police and fire commissioners
(tribunal) unless the tribunal determines that there is just cause to sustain the
charges that have been brought against the officer or fire fighter. If the charges are
sustained and the officer or fire fighter is disciplined by the tribunal, he or she may
appeal the order to circuit court, except that a county law enforcement officer, under
a recent decision of the Wisconsin Supreme Court, may proceed either with an appeal
to circuit court or with the grievance procedures, including arbitration, in the
officer's collective bargaining agreement. The trial based on the appeal is before the
court, which must determine whether there is just cause to sustain the charges
against the accused officer or fire fighter and the tribunal's order. If the charges and
the tribunal's order are sustained, the tribunal's order is final and conclusive but, if
reversed, the officer or fire fighter is reinstated and entitled to pay as though he or
she were in continuous service. Similar procedures, other than the just cause
standard, apply to police officers employed by a first class city.
Under this bill, in a city, village, or town, if an accused officer or fire fighter is
subject to the terms of a collective bargaining agreement that provides an alternative
to the circuit court appeal procedure, the officer or fire fighter may choose to use the
alternative procedure in the collective bargaining agreement instead of appealing to
a circuit court. If the alternative procedure includes a hearing, the hearing must be
open to the public. An accused officer or fire fighter who chooses the alternative
procedure is considered to have waived his or her right to circuit court review of the
tribunal's decision. These provisions do not apply to police officers or fire fighters
employed by a first class city.
Under the current tax incremental financing program, a city or village may
create a tax incremental district (TID) in part of its territory to foster development
if at least 50 percent of the area to be included in the TID is blighted, in need of
rehabilitation or conservation, suitable for industrial sites, or suitable for mixed-use
development.
Also under current law, once a TID has been created, DOR calculates the tax
increment base value of the TID, which is the equalized value of all taxable property
within the TID at the time of its creation. If the development in the TID increases
the value of the property in the TID above the base value, a value increment is
created. That portion of taxes collected on the value increment in excess of the base
value is called a tax increment. The tax increment is placed in a special fund that
may be used only to pay back the project costs of the TID. The costs of a TID, which
are initially incurred by the creating city or village, include the costs of public works,
such as sewers, streets, and lighting systems; financing costs; site preparation costs;
and professional service costs. DOR authorizes the allocation of the tax increments
until the TID terminates or, generally, 20 years, 23 years, or 27 years after the TID
is created, depending on the type of TID and the year in which it was created.
This bill authorizes a first class city to extend the life of a TID created by the
city for up to 12 months after all of the TID's project costs have been paid. Under the
bill, DOR must continue to authorize the allocation of tax increments for the TID as
if its project costs had not been paid off, even if the TID would otherwise be required
to terminate. The city may use up to 75 percent of the increments received during
the TID's extended life to benefit affordable housing in the city. The remainder of the
increments must be used to improve the quality of the city's existing housing stock.
Under current law, a city or village may create a redevelopment authority,
which is a separate and distinct public body. A redevelopment authority may enter
into any building or property in a project area (a blighted area that the city or village
declares to be in need of blight elimination and urban renewal) to make inspections,
surveys, appraisals, soundings, or test borings, and obtain a court order for these
purposes if entry is denied or resisted (inspection rights).
This bill allows a redevelopment authority to use its inspection rights on any
blighted property located in the city or village regardless of whether the blighted
property is in a project area.
This bill provides that any person who knowingly presents or causes to be
presented a false claim under any contract or order for materials, supplies,
equipment, or contractual services to be provided to a local governmental unit is
subject to a forfeiture of not less than $5,000 and not more than $10,000, plus three
times the amount of the damages that were sustained by the local governmental unit
or would have been sustained by the local governmental unit, whichever is greater,
as a result of the false claim. The bill permits the attorney general to bring an action
on behalf of the local governmental unit to recover any forfeiture for which a
contractor or vendor is liable as a result of a false claim submitted to a local
governmental unit.
Natural resources
Fish, game, and wildlife
This bill increases the fee for a resident elk hunting license issued by DNR from
$46.25 to $72.25, the fee for a nonresident elk hunting license from $248.25 to
$397.25, and the processing fee for both a resident and a nonresident elk hunting
license from $2.75 to $9.75.
This bill authorizes DNR to issue an annual shovelnose sturgeon permit
authorizing the permit holder to harvest shovelnose sturgeon and their eggs.
Recreation
Under current law, with certain exceptions, no person may operate a boat in the
waters of this state unless the boat is covered by a certificate of number and a
registration. This bill increases the certificate of number fees applicable to boats of
a certain size and the certificate of number fee for nonmotorized sailboats. The bill
also increases the registration fee for certain nonmotorized boats.
Under current law, DNR administers safety education programs for boat,
all-terrain vehicle, and snowmobile users; hunters; and trappers. DNR issues a
certificate showing completion of the course to each successful participant. Current
law authorizes DNR to charge a fee for the issuance of a duplicate certificate showing
completion of the hunter education programs. This bill authorizes DNR to charge
a fee for the issuance of a duplicate certificate showing completion of the boating,
all-terrain vehicle, or snowmobile safety program.
Stewardship program
Current law authorizes the state to incur public debt by issuing bonds for
various conservation activities under the Warren Knowles-Gaylord Nelson
Stewardship 2000 Program, which DNR administers. The state is currently
authorized to bond under two of the stewardship program's subprograms: the land
acquisition subprogram and the property development and local assistance
subprogram. Bonding under the land acquisition subprogram may generally be for
land acquisition for habitat and natural areas and land acquisition that preserves
or enhances the state's water resources. Bonding under the property development
and local acquisition subprogram may generally be used only for nature-based
outdoor recreation. Under this subprogram, DNR may award grants or state aid to
certain local governmental units, including the Kickapoo Reserve Management
Board, and nonprofit conservation organizations to acquire lands or development
rights for nature-based, outdoor recreation purposes. The annual limits on bonding
are set for each fiscal year, ending in fiscal year 2009-10. The total bonding authority
for the stewardship program under current law is $572,000,000.
This bill increases the total bonding authority by $1,050,000,000, and extends
the stewardship program for another ten years to fiscal year 2019-20 with the
annual bonding authority set at $105,000,000 for each of the subsequent ten years.
The annual bonding authority for the land acquisition subprogram and for the local
assistance and property development subprogram are set at $79,000,000 and
$26,000,000 respectively.
Within the property development and local assistance subprogram, current law
imposes an annual limit of $8,000,000 in bonding authority for the local assistance
component. This bill raises this limit to $14,000,000 beginning with fiscal year
2010-11.
The bill also establishes, beginning with fiscal year 2010-11, a matching grant
program under which the state awards counties 50 percent of their costs to acquire
land for activities such as hunting, fishing, hiking, bicycling, wildlife observation,
and camping.
Finally, the bill requires DNR to set aside from the land acquisition program
$14,500,000 in each fiscal year, beginning in fiscal year 2010-11, for matching grants
that may be awarded only to nonprofit conservation organizations. Under current
law and under the bill, these grants must be used to acquire property or property
rights for conservation purposes such as urban green space, habitat areas, and bluff
protection. Under current law, the amount of the grant may not exceed 50 percent
of the acquisition cost. This bill allows the natural resources board to increase this
amount up to 75 percent in certain situations.
Other natural resources
This bill creates a five-member Managed Forest Land Board in DNR to award
grants to cities, villages, towns, counties, DNR, and nonprofit conservation
organizations to acquire land for outdoor recreation activities consisting of hunting,
fishing, hiking, sightseeing, and cross-country skiing. The grants are funded from
a portion of the payments made by certain land owners in lieu of property taxes.
Under current law, DNR awards cost-sharing grants for projects to control
invasive species that cause economic or environmental harm or harm to human
health. A certain amount is allocated for cost-sharing grants to local governmental
units to control aquatic invasive species. Under this bill, any public or private entity
is eligible for such a grant. Currently, the amount of a grant may not exceed 50
percent of the cost of the project. This bill raises this cap to 75 percent.
Current law imposes penalties for violations of certain laws relating to
controlling or introducing certain invasive species, but not for others. This bill
creates penalties for those species for which there is no penalty under current law.
The bill also authorizes a court to order additional remedies, such as requiring the
violator to restore any natural resources damaged by the violation or to pay for
investigation costs and attorney fees.
Current law provides a procedure for enforcement proceedings for violations of
laws that relate to hunting, fishing, operating snowmobiles and all-terrain vehicles,
and other conservation and environmental laws administered by DNR. This
procedure applies only to violations of these laws that are punishable by payment of
a civil forfeiture and not by payment of a fine or by imprisonment. Under the
procedure, a law enforcement officer may initiate a proceeding by issuing a written
citation or a district attorney may initiate a proceeding in court by issuing a
complaint and summons.
This bill authorizes officers enforcing these laws to use an electronic format for
filling out and issuing the citations. The bill also eliminates a requirement that a
statement of probable cause be included in a citation.
Retirement and group insurance
The Group Insurance Board currently offers health care coverage plans for
state employees, local government employees, school district employees, and
annuitants under the Wisconsin Retirement System (WRS). This bill provides that
domestic partners of state employees and state annuitants may receive coverage
under these health care coverage plans. A domestic partner is an individual who is
in a relationship with another individual that satisfies all of the following:
1. Each individual is at least 18 years old and otherwise competent to enter into
a contract.
2. Neither individual is married to, or in a domestic partnership with, another
individual.
3. The two individuals are not related by blood in any way that would prohibit
marriage under current law.
4. The two individuals consider themselves to be members of each other's
immediate family.
5. The two individuals agree to be responsible for each other's basic living
expenses.
The state currently pays employer contributions toward health insurance
premiums for most state employees beginning on the first day of the seventh month
after the employee begins state employment. This bill changes the date to the first
day of the third month after the employee begins state employment, beginning on
July 1, 2008, for all state employees other than limited term appointments.
This bill increases WRS benefits provided to an "educational support personnel
employee" who is a school district employee other than a teacher, librarian, or
administrator. The bill makes the following changes to the WRS:
1. Under current law, to become covered under the WRS, an individual must
work at least one-third of what is considered full-time employment, as determined
by DETF. For all WRS participants, other than teachers, librarians, and
administrators, DETF defines full-time employment to be 1,904 hours per year and
one-third employment to be 600 hours per year. In contrast, for teachers, librarians,
and administrators, DETF defines full-time employment to be 1,320 hours per year
and one-third employment to be 440 hours per year. This bill requires that
educational support personnel employees must be treated the same in terms of
qualifying for coverage under the WRS as teachers, librarians, and administrators.
2. Under current law, one method to determine the initial amount of a WRS
annuity is to use a retirement formula the variables of which are a participant's years
of service, formula multiplier, and final average earnings. This bill provides that the
final average earnings of an educational support personnel employee are increased
by 25 percent for the purpose of determining the initial amount of a WRS retirement
annuity.
State government
State employment
This bill makes the following reassignments in the state civil service executive
salary group (ESG) ranges: the secretary of corrections is reassigned from ESG 6 to
ESG 8; the governor's chief of staff is reassigned from ESG 4 to ESG 6; the secretary
of health and family services is reassigned from ESG 9 to ESG 8; the secretary of
workforce development is reassigned from ESG 6 to ESG 7; the secretary of
regulation and licensing is reassigned from ESG 4 to ESG 6; the adjutant general in
DMA is reassigned from ESG 5 to ESG 6; the insurance commissioner is reassigned
from ESG 5 to ESG 6; and the public service commissioners are reassigned from ESG
5 to ESG 6. The bill further provides that the salaries for certain division
administrators and bureau directors in DRL may not exceed the maximum of the
salary range for ESG 3. Currently, the salary maximum is capped at ESG 1.
State finance
Currently, the Building Commission may enter into agreements and ancillary
arrangements relating to public debt and state obligations. This bill provides that
at the time of entering into such an agreement or ancillary arrangement, or in
anticipation thereof, the commission must determine, if applicable, whether the
payment will be deposited into, and whether the payment will be made from, the
bond security and redemption fund or the capital improvement fund.
The bill also establishes a number of conditions relating to interest exchange
agreements. These include all of the following:
1. The Building Commission must contract with an independent financial
consulting firm to determine if the terms and conditions of the agreement reflect fair
market value as of the date of the execution of the agreement.
2. The interest exchange agreement must identify by maturity, bond issue, or
bond purpose the debt or obligation to which the agreement is related.
3. The resolution authorizing the Building Commission to enter into an interest
exchange agreement must require that the terms and conditions of the agreement
reflect fair market value as of the date of execution of the agreement, as reflected by
the determination of an independent financial consulting firm.
4. Finally, the Building Commission must establish guidelines relating to the
conditions under which the Building Commission may enter into the agreements; the
form and content of the agreements; the aspects of risk exposure associated with the
agreements; the standards and procedures for counterparty selection; the standards
for the procurement of, and the setting aside of reserves, if any, in connection with
the agreements; the provisions, if any, for collateralization or other requirements for
securing any counterparty's obligations under the agreements; and a system for
financial monitoring and periodic assessment of the agreements.
The bill further requires that the terms and conditions of an interest exchange
agreement must generally not result in aggregate expected debt service and net
exchange payments relating to the agreement in the fiscal year in which the trade
is executed being less than those payments that would be payable in that fiscal year
if the agreement is not executed; and in aggregate expected debt service and net
exchange payments relating to the agreement in subsequent fiscal years exceeding
those payments that would be payable in those fiscal years if the agreement is not
executed.
The bill requires DOA to issue a semiannual report that includes a description
of each agreement; an accounting of amounts that were required to be paid and
received on each agreement; any credit enhancement, liquidity facility, or reserves,
including an accounting of the costs and expenses incurred by the state; a description
of the counterparty to each agreement; and a description of the counterparty risk, the
termination risk, and other risks associated with each agreement.
Under current law, the Building Commission may issue revenue bonds for
major highway projects and transportation administrative facilities. DOT may
deposit in a special trust fund vehicle registration fee revenues and other revenues
pledged for the repayment of these revenue bonds. Moneys pledged in excess of the
amount needed for repayment of these revenue bonds are transferred back to the
transportation fund, free of any pledged.
This bill allows DOT to deposit in this trust fund revenues received under an
interest exchange agreement and to make payments under an interest exchange
agreement, and excludes these amounts from the limit on revenue bonding.
Under the Clean Water Fund Program, the state provides loans to
municipalities for projects to control water pollution, including sewage treatment
plants. The program is funded from loan repayments, federal grants, state general
obligation bonds, and state revenue bonds. The Building Commission may issue
revenue bonds for the Clean Water Fund Program in an amount that does not exceed
$1,615,955,000. In addition, the Department of Commerce currently administers a
program to reimburse owners of certain petroleum storage tanks for a portion of the
costs of cleaning up discharges from those tanks. This program, commonly known
as PECFA, is funded from the petroleum inspection fee and state revenue bonds. The
Building Commission may issue revenue bonds for PECFA in an amount that does
not exceed $436,000,000.
This bill permits the Building Commission to make payments under an
agreement or ancillary arrangement with respect to revenue bonds issued for the
funding of these two programs.
The bill requires the secretary of administration to lapse to the general fund or
transfer to the general fund from the unencumbered balances of state operations
appropriations, other than sum sufficient appropriations and appropriations of
federal revenues, an amount equal to $40,000,000 during each fiscal year of the
2007-09 and 2009-11 fiscal biennia.
Current law requires the State of Wisconsin Investment Board (SWIB) to
estimate its operating expenses semi-annually and to assess each fund it manages
for its share of the expenses in an equitable manner. SWIB's assessment may not
exceed the greater of $20,352,800 or 0.0275 percent of the average market value of
the assets of the funds at the end of each month between November 30 and April 30
of the preceding fiscal year.
This bill requires SWIB, annually on September 1, to assess each such fund for
its share of SWIB's operating expenses for the current fiscal year and caps the
assessment at the greater of the amount that SWIB could have assessed the funds
in the second year of the prior fiscal biennium or 0.0325 percent of the average
market value of the assets of the funds at the end of each month between November
30 and April 30 of the preceding fiscal year.
Current statutes contain a rule of proceeding governing legislative action on
certain bills that provides that no bill directly or indirectly affecting general purpose
revenues (GPR) may be adopted if the bill would cause the estimated general fund
balance on June 30 of any fiscal year to be less than a certain amount of the total GPR
appropriations for that fiscal year. For fiscal year 2007-08, the amount is
$65,000,000; for fiscal year 2008-09, the amount is $65,000,000; and for each fiscal
year thereafter, the amount is 2 percent of total GPR appropriations for that fiscal
year.
This bill provides that for fiscal years 2007-08 to 2010-11, the amount is
$130,000,000; and for fiscal year 2011-12 and each fiscal year thereafter, the amount
is 2 percent of total GPR appropriations for that fiscal year.
Currently, every fiscal biennium, one-third of all state agencies prepare a base
budget review report that contains a description of each programmatic activity of the
state agency; an accounting of all expenditures in each of the prior three fiscal years,
arranged by revenue source and expenditure category for that state agency; and, for
each programmatic activity of the state agency, an accounting of all expenditures,
arranged by revenue source and expenditure category in the last two quarters in
each of the prior three fiscal years. This bill eliminates the report.
Public utility regulation
Under current law, the PSC must require certain telecommunications
providers to make contributions to the universal service fund, which is used for
promoting universal telecommunications service and for other specified purposes.
The PSC must designate the method for calculating the required contributions.
However, current law prohibits the PSC from requiring the telecommunications
providers to contribute, in the aggregate, more than $6,000,000 per fiscal year for
promoting universal telecommunications service. This bill eliminates the foregoing
prohibition.
Under current law, the PSC has oversight duties with respect to certain energy
efficiency and renewable resource programs that are established and funded by
investor-owned electric and natural gas utilities. Current law requires the utilities
to spend a specified percentage of their annual operating revenues on the programs,
as well as on other related programs. The utilities must contract with persons to
administer the programs.
This bill uses moneys in the utility public benefits fund (fund) to pay the costs
incurred by the PSC in carrying out its oversight duties described above. In each
fiscal year, the PSC must collect, for deposit in the fund, each utility's share, as
determined by the PSC, of the PSC's oversight costs. The bill requires the PSC to
collect these amounts from the persons with whom the utilities contract to
administer the programs. The amount that the PSC collects with respect to a utility
is included in determining whether the utility has spent the required percentage of
its annual operating revenues. (The bill does not change the percentage.) The bill
also transfers employees from DOA to the PSC to carry out the oversight duties.
Other state government
Under current law, DOA performs information technology services for agencies
and may charge agencies for these services. This bill authorizes DOA to implement
an integrated business information system (IBIS) capable of providing information
technology services to all agencies and authorities, including the legislature and the
courts, in the areas of human resources, procurement, and asset management.
Under current law, unless otherwise empowered by law, no state agency may
contract or create any debt or liability against the state in excess of an appropriation
of money by the state to pay such debt or liability.
This bill authorizes the creation of liabilities and the expenditure of moneys
appropriated for information technology services provided to agencies through IBIS
and for printing, mail, communication, and information technology services to state
agencies in an additional amount not exceeding the depreciated value of the
equipment used to provide information technology services to agencies through IBIS
and to provide printing, mail, communication, and information technology services
to state agencies respectively.
This bill creates a division of legal services in DOA that is authorized to provide
legal services to executive branch agencies. With certain exceptions, the bill
transfers all attorney positions and all legal staff positions in executive branch
agencies to the Division of Legal Services effective on July 1, 2008. The bill also
transfers all positions identified as hearing examiners, hearing officers, or
administrative law judges, other than such positions in DWD, to the Division of
Hearings and Appeals in DOA. Attorney positions in DOJ, the Office of the State
Public Defender, the PSC, the UW System, the Employment Relations Commission,
the State of Wisconsin Investment Board, the Government Accountability Board,
and the Office of the Governor are exempt from transfer, as are all state employees
working in an office of a district attorney. In addition, the bill retains a general
counsel or lead attorney position in each major state agency and office.
Under this bill, executive branch agencies that are authorized or required to
employ or retain an attorney may do so only in the following ways: (1) employ an
attorney in a position authorized by law; (2) contract with DOA for legal services; (3)
allow DOJ to furnish legal services if DOJ is required by law to furnish the services;
(4) allow or contract with the Division of Hearings and Appeals to furnish legal
services if the Division of Hearings and Appeals is required or authorized by law to
furnish the services; or (5) employ or retain any attorney who is not a state employee,
subject to the approval of the governor.
Currently, state agencies having jurisdiction over state properties may sell the
properties under various conditions and limitations if the operation of the properties
is not specifically provided for by law. The proceeds of any sales are credited or
deposited in various ways as provided by law. Currently, the Building Commission
may sell all or any part of a state-owned building or structure or state-owned land
if such authority is not provided to another state agency by law. The proceeds of any
such sales, after retirement of any outstanding debt on the affected properties, are
paid into the budget stabilization fund. However, under a special law enacted in
2005, DOA may offer for sale and sell certain state property if the Building
Commission authorizes the property to be offered for sale before July 1, 2007. Under
that law, sales may be either on the basis of public bids or negotiated prices, and need
not reflect fair market value.
Under this bill, DOA may offer certain state property for sale if the offer of sale
is approved by the Building Commission before July 1, 2009.
