Purchase of agricultural conservation easements
An agricultural conservation easement (easement) is an interest in land that
preserves the land for agricultural use. This bill creates a program for the purchase
of easements, from willing landowners, by DATCP in conjunction with political
subdivisions and nonprofit conservation organizations (applicants). Under the bill,
DATCP may reimburse an applicant for the transaction costs (such as the costs of
land surveys and appraisals) for obtaining an easement plus not more than 50
percent of the appraised fair market value of the easement.
DATCP may approve an application only if it determines that the purchase of
the easement would serve a public purpose, considering such criteria as the value of
the easement in preserving or enhancing agricultural production capacity and water
quality, and the likelihood that the land would be converted to nonagricultural use
if it is not protected by an easement.
Once DATCP approves an application, DATCP and the cooperating entity enter
into an agreement specifying the terms of DATCP's participation in the purchase of
the easement, including the share of the costs that DATCP will pay. After an
applicant purchases an easement and records it with the register of deeds, DATCP
provides the agreed-upon reimbursement. Both the cooperating entity and DATCP
may enforce the restrictions in the easement. An easement purchased under the
program continues indefinitely, except that a court may terminate an easement if it
finds that it is no longer possible for the easement to achieve its original purpose.
The bill authorizes $12,000,000 in general fund supported borrowing for the
purchase of easements.
Current law authorizes DATCP to participate in the federal Conservation
Reserve Enhancement Program (CREP) under which payments are made to
landowners for measures to improve water quality, erosion control, and wildlife
habitat. Current law authorizes $40,000,000 in general fund supported borrowing
for participation in CREP. This bill reduces that borrowing authority by
$12,000,000.
Other agriculture
Under current law, DATCP awards grants for two kinds of clean sweep
programs, one in which counties collect unwanted agricultural chemicals, such as
pesticides, and the other in which local governments collect and dispose of household
hazardous waste and unwanted prescription drugs. This bill eliminates the grants
for clean sweep programs.
This bill establishes an assessment to be paid to DATCP by businesses that
slaughter certain kinds of animals. The assessment per animal is one cent for
poultry, ten cents for calves, and 14 cents for older cattle and for swine. The bill
appropriates the revenue from the assessment for meat safety inspections and
animal health programs.
This bill authorizes DATCP to charge a reinspection fee if DATCP conducts a
reinspection of a fish farm, animal market, animal dealer operation, an animal
trucker operation, or premises at which farm-raised deer are kept because the
department has found that the premises, facility, or operation violates state law or
administrative rules. The bill also eliminates the requirement that DATCP inspect
each fish farm when it is first registered with DATCP.
Currently, DATCP awards grants for land and water resource management
projects and for the construction of animal waste management systems. This bill
increases the general obligation bonding authority for the grants by $7,000,000.
This bill eliminates the LWCB, which has responsibilities related to farmland
preservation, soil and water resource management, and the reduction of water
pollution from nonpoint sources. The bill eliminates some LWCB responsibilities
and transfers others to DATCP.
The bill creates the Land and Water Resource Council to advise DATCP and
DNR about matters related to land and water resources.
This bill repeals current requirements concerning the labeling of agricultural
and vegetable seed, prohibitions on the sale of seed containing more than specified
amounts of certain noxious weed seeds, and the designation of certain weeds as
noxious weeds. The bill requires DATCP to promulgate rules on the subjects of seed
labeling, the amount of noxious weed seeds in agricultural and vegetable seed, and
the designation of weeds as noxious weeds.
The bill lowers the fees for seed labeler's licenses for some persons with annual
gross sales of less than $100,000 and increases the fees for persons with higher
annual gross sales. The bill also authorizes DATCP to change the fees by rule.
This bill transfers a total of $1,000,000 from the agricultural chemical cleanup
fund to the general fund and a total of $1,500,000 from the agrichemical
management fund to the general fund.
commerce and economic development
Economic development
Under current law, the Department of Commerce (Commerce) may award
grants or make loans under the Community-Based Economic Development
Program, the Rural Economic Development Program, and the Minority Business
Grant and Loan program to eligible businesses, organizations, or individuals that
agree to undertake certain eligible activities.
The Rural Economic Development Board advises Commerce on the Rural
Economic Development Program, and the Minority Business Development Board
advises Commerce on the Minority Business Grant and Loan Program.
Under current law, the Development Finance Board in Commerce awards
grants under the Wisconsin Development Fund program.
This bill eliminates the Community-Based Economic Development Program,
the Rural Economic Development Program and Rural Economic Development
Board, the Minority Business Grant and Loan Program and Minority Business
Development Board, and the Development Finance Board. The bill creates the
Economic Policy Board. The responsibilities of the Development Finance Board are
assumed by the Economic Policy Board.
This bill creates the forward innovation fund (FIF). Under the FIF, Commerce
may, in consultation with the Economic Policy Board, award grants or make loans
for the purpose of engaging in certain eligible activities to businesses, municipalities,
community-based organizations, cooperative associations, local development
corporations, and nonprofit organizations working on economic or community
development.
Eligible activities under the FIF include:
1. The start-up, expansion, or retention of minority businesses.
2. The start-up, expansion, or retention of businesses in economically
distressed areas.
3. Innovative proposals to strengthen inner cities.
4. Innovative proposals to strengthen rural communities.
5. Innovative programs to strengthen clusters.
6. Innovative proposals to strengthen entrepreneurship.
Recipients of a grant or loan from the FIF must provide a 25 percent match.
Under current law, Commerce may designate a portion of the state as a
development zone, a development opportunity zone, an enterprise development
zone, an agricultural development zone, an enterprise zone, an airport development
zone, or a technology zone. Commerce may also certify persons who agree to
undertake certain eligible activities in one of the designated zones. Eligible activities
include job creation, environmental remediation, and capital investment. Persons
who obtain certification are eligible for tax benefits.
This bill consolidates the development zones, enterprise development zones,
agricultural development zones, technology zones, and airport development zones
(five development zone programs) into a program that provides tax benefits to
persons who enter into a contract with Commerce to undertake eligible activities
anywhere in the state. Eligible activities under the bill include all of the following:
1. Projects that result in the creation and maintenance of jobs paying wages
and providing benefits at a level approved by Commerce.
2. Projects that involve a significant investment of capital in new equipment,
machinery, real property, or depreciable personal property.
3. Projects that involve significant investments in the training or reeducation
of employees for the purpose of improving the productivity or competitiveness of the
business of the person.
4. Projects that will result in the location or retention of a person's corporate
headquarters in Wisconsin or that will result in the retention of employees if the
person's corporate headquarters are located in Wisconsin.
Commerce may allocate tax benefits under the consolidated program up to the
total amount remaining to be allocated under the five development zone programs
on the effective date of this bill. Tax benefits are allocated under the bill only after
the person has verified to Commerce that the person has met the performance
obligations established under the contract.
The value of tax benefits for which a person is eligible under the new tax credit
program depends on the number of jobs created, the amount of the capital
investment made, the amount of training or reeducation provided to the employees,
or the number of jobs retained by having corporate headquarters located in
Wisconsin.
Under the bill, Commerce may award additional tax benefits to a person that
conducts eligible activities in an economically distressed area or if the eligible
activities benefit members of a targeted group. The bill requires Commerce to
develop a methodology for designating an area as an "economically distressed area."
Targeted groups include persons who reside in an area designated by the federal
government as an economic revitalization area, persons who are eligible for child
care assistance, persons who are food stamp recipients, or persons who are
economically disadvantaged.
The bill requires the Legislative Audit Bureau to prepare a financial and
program evaluation audit of the consolidated economic development tax benefit
program created by the bill no later than July 1, 2012.
This bill creates the Jobs Tax Benefit. A person may be certified to receive tax
benefits under this program if the person operates or intends to operate a business
in Wisconsin and will increase its net employment of full-time employees in
Wisconsin. A person certified under the program may receive per-employee tax
benefits of up to 10 percent of the wages paid to a full-time employee who earns
wages of at least $20,000 but not more than $100,000 if employed in a Tier I county
or municipality and who earns wages of at least $30,000 but not more than $150,000
if employed in a Tier II county or municipality. A person certified under the program
may also receive tax benefits for providing employee job training. The bill requires
Commerce to define Tier I and Tier II counties and municipalities and establish
conditions for the revocation of a certification and the repayment of tax benefits.
This bill authorizes Commerce to award a grant to a research institution or
nonprofit organization involved in economic development for: 1) expanding access
to capital networks; 2) creating or running a network to connect businesses and
entrepreneurs with capital; or 3) creating an activity, event, or strategy to connect
businesses and entrepreneurs with capital. The bill authorizes grants to provide
matching funds for funding a new business or determining the feasibility of a new
business idea if Commerce determines a grant will increase funding for new
businesses or will leverage private investment and job creation.
Currently, Commerce may charge a recipient of a grant or loan from the
Wisconsin development fund a 2 percent origination fee if the grant or loan amount
equals or exceeds $200,000. This bill lowers the threshold amount to $100,000.
Under current law, Commerce awards grants and makes loans to qualified
businesses for economic diversification and brownfield remediation, and to
businesses that have been negatively affected by a casino. Commerce also awards
grants for specific economic development projects in specific locations in this state.
This bill authorizes Commerce to collect a 2 percent origination fee on certain of these
grants and loans of $100,000 or more.
Under current law, Commerce may certify a business that is at least 51 percent
owned, controlled, and actively managed by an eligible minority group member or
members as a minority business. A business certified by Commerce may receive
certain preferences in governmental procurement.
This bill permits Commerce to certify a business that is at least 30 percent
owned by an eligible minority group member or members, provided the minority
group member or members control the day-to-day operations of the business,
control at least 51 percent of the voting rights of the equity shares of the business,
and appoint no less than 51 percent of the members of the board of directors of the
business.
Under current law, Commerce may award grants for the redevelopment of
"brownfields," which include facilities or sites that are idle or underused because of
environmental contamination. Commerce may award a brownfields redevelopment
grant only if certain persons responsible for the contamination of the project site are
financially unable to pay the costs to remediate or redevelop the site. Commerce
must consider four criteria when awarding brownfields redevelopment grants and
must accord different values to the criteria.
This bill eliminates the requirement that the person who caused the
environmental contamination be financially unable to pay the costs to redevelop the
site. The bill also changes the criteria to be considered by Commerce when making
awards and eliminates the requirement that different criteria be accorded different
values.
This bill authorizes Commerce to award grants for film-related or
video-related projects that create long-term jobs in this state.
This bill requires the Department of Tourism to annually make a grant of at
least $200,000 to Native American Tourism of Wisconsin.
This bill eliminates annual funding from Commerce to the Manufacturing and
Advanced Technology Training Center; the Northwest Regional Planning
Commission; Oneida Small Business, Inc. and Project 2000; and a nonprofit
organization that provides assistance to organizations and individuals in urban
areas.
Under current law, Commerce may award a grant or make a loan to a business
or researcher to fund certain renewable energy projects. Currently, repayments of
the loans are deposited into the general fund. This bill appropriates the repayments
to Commerce to fund additional renewable energy grants and loans and certain other
economic development grants and loans.
Buildings and safety
Under current law, the Building Inspector Review Board is required to review
complaints concerning possible incompetent, negligent, or unethical conduct by
building inspectors and to revoke the certification of a building inspector who has
engaged in such conduct. The review board may reverse or modify decisions made
by building inspectors that the review board determines are in error. This bill
eliminates the review board.
Under current law, Commerce is generally required to regulate the
construction of public buildings and places of employment. Current law also
authorizes Commerce to issue certain credentials to persons engaged in the
construction trades, such as plumbers and electricians. Current law establishes the
maximum fees that Commerce may charge for certain services it provides including
administering examinations and issuing licenses. This bill eliminates the
mandatory caps on the amounts that Commerce may charge for these services and
instead provides that the fees must as closely as possible equal the cost of providing
the services.
Commerce
Securities
This bill increases from $750 to $1,000 the securities registration and notice
filing fee paid to DFI and, for investment companies such as mutual funds, increases
the minimum and maximum annual sales fee from a minimum of $150 and a
maximum of $1,500 to a minimum of $500 and a maximum of $10,000.
This bill increases from $30 to $60 the license fee paid to DFI for securities
agents and investment adviser representatives. The bill also increases from $30 to
$60 the broker-dealer and investment adviser branch office filing fee.
Under current law, Commerce awards grants to eligible applicants for the
purchase of devices that provide heat, air conditioning, or electricity to a diesel truck
when the main drive engine of the truck is not operating. Currently, the program
sunsets at the end of fiscal year 2010-11. This bill eliminates this grant program.
Under current law, Commerce contracts with Forward Wisconsin, Inc., to
establish and implement a nationwide business development promotion campaign.
This bill deletes authorization and funding for Commerce's contracts with Forward
Wisconsin, Inc.
Correctional System
Adult correctional system
Under current law, a person who is imprisoned for a felony he or she committed
prior to December 31, 1999, may petition the Parole Commission in DOC to be
released to parole after the person has served 25 percent of his or her sentence. The
Parole Commission determines whether, and under what conditions, the person
should be released to parole. A person who committed a felony on or after December
31, 1999, is sentenced to a bifurcated sentence, with the first portion of the sentence
served in confinement and the second portion served under extended supervision in
the community.
A person who is serving a bifurcated sentence is not eligible for parole and, with
few exceptions, must serve the entire confinement portion of his or her sentence
before being released to extended supervision. A person's confinement portion may
be extended if he or she violates a prison regulation. If a person's confinement
portion is extended for such a violation, current law requires his or her extended
supervision portion to be reduced so that the total length of the person's sentence
remains unchanged.
Current law allows a person who is sentenced to a bifurcated sentence for a
Class C to Class I felony to petition the sentencing court to adjust his or her sentence
and release the person from prison to extended supervision if he or she has served
85 percent (for Class C to Class E felonies) or 75 percent (for Class F to Class I
felonies) of the confinement portion of the sentence. If a person's confinement portion
is reduced by the sentencing court, current law requires his or her extended
supervision portion to be extended so that the total length of the person's sentence
remains unchanged.
Under current law, a person who is released to extended supervision must serve
his or her entire sentence before extended supervision terminates.
Under this bill, a person who commits a misdemeanor and is sentenced to
imprisonment, or who commits a nonviolent Class F to Class I felony, except for
certain sex offenders and persons who committed a prior violent offense or are
determined by DOC to pose a high risk of reoffending, may earn "positive adjustment
time" in the amount of one day for every two days he or she is incarcerated without
violating a prison rule or regulation. The bill requires DOC to release the person to
extended supervision when he or she serves his entire incarceration period, minus
positive adjustment time earned. Under the bill, if a person's incarceration period
is reduced by positive adjustment time, his or her period of extended supervision is
increased so that the length of the sentence does not change.
Under the bill, a person who commits a violent Class F to Class I felony or a
nonviolent Class F to Class I felony, but was determined by DOC to pose a high risk
of reoffending, except for certain sex offenders, may earn positive adjustment time
in the amount of one day for every three days he or she is incarcerated without
violating a prison rule or regulation, and a person who commits a Class C to Class
E felony, except for certain sex offenders, may earn positive adjustment time in the
amount of one day for every 5.7 days he or she is incarcerated without violating a
prison rule or regulation.
The bill renames the Parole Commission the Earned Release Review
Commission (ERRC) and, in addition to performing the Parole Commission's current
duties, the ERRC may consider a petition for release from a person who commits a
violent Class F to Class I felony or a Class C to Class E felony after the person serves
his entire incarceration period, minus positive adjustment time earned. The bill
eliminates the authority of the trial court to adjust sentences. Under the bill, if the
ERRC reduces the term of confinement portion of a person's sentence because the
person has earned positive adjustment time, the person's term of extended
supervision is increased so that the length of the sentence does not change.
Under current law, a person who is serving the term of confinement portion of
a bifurcated sentence for a felony that is not classified as a Class A or Class B felony
may petition the sentencing court for release to extended supervision for the
remaining term of his or her sentence if the person has a terminal condition, reaches
age 65 after serving at least five years of his or her term of confinement portion, or
reaches age 60 after serving at least ten years of his or her term of confinement
portion. Under this bill, the petition must be submitted to DOC instead of to the
sentencing court.
This bill permits DOC to release to extended supervision a person serving the
confinement portion of a bifurcated sentence if the person is not confined following
a felony assault, the person is believed to be able to live in the community without
assaulting another, and the release will not be more than 12 months before the date
that the person otherwise would be eligible for release to extended supervision. If
DOC releases a person, his or her term of extended supervision must be extended by
the length of time he or she was originally sentenced to confinement so that the total
length of the sentence does not change.
Under this bill, a person who is released to extended supervision for a
misdemeanor or a nonviolent Class F to Class I felony may earn "good time" toward
discharge from extended supervision in the amount of one day for every day he or she
serves on extended supervision without violating a condition of extended
supervision. The bill requires DOC to discharge from extended supervision a person
who serves his or her entire extended supervision time, minus good time earned.
Under the bill, a person who is released to extended supervision for a violent
Class F to Class I felony may earn good time toward discharge from extended
supervision in the amount of one day for every three days he or she serves on
extended supervision without violating a condition of extended supervision. A
person who is released to extended supervision for a Class C to Class E felony may
earn good time toward discharge from extended supervision in the amount of one day
for every 5.7 days he or she serves on extended supervision without violating a
condition of extended supervision. Under the bill, a person convicted of a violent
Class F to Class I felony may petition the ERRC for discharge after he or she has
served 75 percent of his or her extended supervision time. A person convicted of a
Class C to Class E felony may petition the ERRC for discharge after he or she serves
85 percent of his or her extended supervision time.
Currently, if a person sentenced to a bifurcated sentence violates any condition
of his or her release to extended supervision, the person's extended supervision is
revoked, he or she is returned to prison, and the Division of Hearings and Appeals
within DOA or DOC (reviewing authority) makes a recommendation to the court that
convicted the person as to how long the person should remain in prison. After it
receives the reviewing authority's recommendation, the court may order the person
to remain in prison for a period of time that does not exceed the time remaining on
his or her bifurcated sentence.
Under this bill, the reviewing authority determines how long to imprison the
person whose extended supervision is revoked and enters its own order for the person
to remain in prison for a period of time that does not exceed the time remaining on
his or her bifurcated sentence.
Current law requires DOC to maintain active lifetime global positioning system
(GPS) tracking of sex offenders who have been committed as sexually violent persons
(SVP) and certain sex offenders who have committed specified sex offenses against
a child. Unless the tracked person has been committed as an SVP, the tracking
requirement can be terminated or modified in the following ways: 1) after 20 years
of being tracked, the person may petition the court to terminate tracking; 2) DOC
may petition the court to terminate tracking if the person is physically incapacitated;
and 3) DOC may passively track, versus actively track, the person after the person
completes his or her sentence, including any parole or extended supervision.
Under this bill, DOC may passively track, versus actively track, any person
subject to tracking without regard to the person's supervision status if DOC
determines that passive positioning tracking is appropriate for the person and the
person has been subject to active tracking for at least 12 months.
Under current law, with certain exceptions, a trial court may sentence a person
who has been convicted of a crime to probation instead of imprisonment. A person
who is on probation is supervised by DOC and is subject to conditions and rules
established by the sentencing court and by DOC.
This bill requires DOC to establish a risk assessment system to determine how
likely a person on probation is to commit another offense. The bill requires DOC to
categorize the person who is on probation for committing a misdemeanor according
to his or her risk. Under the bill, DOC may not supervise a person who is on probation
for committing a misdemeanor unless one of the following applies: 1) the person is
at a high level of risk; 2) the person is required to register as a sex offender; 3) the
person had been charged with a felony for the conduct that resulted in the
misdemeanor conviction; or 4) the person has ever committed a crime against the life
or bodily security of another person, a domestic violence offense, a burglary of a
home, a crime involving a weapon, or certain serious drug offenses.
Under current law, DOC and DHS provide substance abuse treatment
programs for prison inmates within certain designated correctional or mental health
facilities. If DOC determines that an inmate has successfully completed a substance
abuse treatment program, the inmate is released early to parole or extended
supervision. As is the case under DOC's Challenge Incarceration Program
(described below), inmates convicted of certain violent crimes or certain offenses
against children are not eligible for early release under this program. Inmates who
are sentenced under the Truth in Sentencing law are eligible only if the court
authorizes their participation.
This bill authorizes DOC to provide rehabilitative programs that do not
necessarily include substance abuse treatment within a correctional facility for
inmates who may be eligible for early release. The bill eliminates administration by
DHS of substance abuse programs and allows an inmate to qualify for early release
if DOC determines that the inmate successfully completed a rehabilitation program.
DOC currently operates the Challenge Incarceration Program for adults who
opt to participate. Participants must be no more than 40 years old and have a
substance abuse problem. A participant must perform strenuous physical exercise
and manual labor and participate in counseling, substance abuse treatment, and
military drill and ceremony programs. A person who successfully completes the
program is released to parole or extended supervision, regardless of how much of his
or her sentence the person has served.
This bill allows an inmate who does not have a substance abuse problem, but
is otherwise eligible, to participate in the Challenge Incarceration Program. The bill
requires DOC to assess each inmate who volunteers to participate in the program to
determine if he or she has a substance abuse problem that requires an intensive level
of treatment, a substance abuse problem that does not require intensive treatment
and is not directly related to the inmate's criminal behavior, or another treatment
need that is not related to substance abuse and that is directly related to the inmate's
criminal behavior. The bill requires DOC to provide appropriate treatment and
education, based on its assessment of a participant's treatment needs, to each
participant in the Challenge Incarceration Program.
Juvenile correctional system
Under current law relating to community youth and family aids, generally
referred to as youth aids, DOC must allocate various state and federal moneys to
counties to pay for state-provided juvenile correctional services and local
delinquency-related and juvenile justice services. DOC charges counties for the
costs of services provided by DOC according to per person daily cost assessments
specified by law. This bill increases most of those assessments.
Under current law, funds are appropriated to DOC for juvenile correctional
services, juvenile residential aftercare services, and juvenile corrective sanctions
services. This bill provides that, if there is a deficit in the juvenile correctional
services appropriation account at the close of fiscal year 2008-09, any unencumbered
balances in the juvenile residential aftercare services and juvenile corrective
sanctions services appropriation accounts at the close of that fiscal year, up to the
amount of the deficit, are transferred to the juvenile correctional services
appropriation account.
courts and procedure
