DATCPDepartment of Agriculture, Trade and Consumer Protection
DCFDepartment of Children and Families
DETFDepartment of Employee Trust Funds
DFIDepartment of Financial Institutions
DHSDepartment of Health Services
DMADepartment of Military Affairs
DNRDepartment of Natural Resources
DOADepartment of Administration
DOCDepartment of Corrections
DOJDepartment of Justice
DORDepartment of Revenue
DOTDepartment of Transportation
DPIDepartment of Public Instruction
DRLDepartment of Regulation and Licensing
DSPSDepartment of Safety and Professional Services
DVADepartment of Veterans Affairs
DWDDepartment of Workforce Development
JCFJoint Committee on Finance
OCIOffice of the Commissioner of Insurance
PSCPublic Service Commission
UWUniversity of Wisconsin
WEDCWisconsin Economic Development Corporation
WHEDAWisconsin Housing and Economic Development Authority
WHEFAWisconsin Health and Educational Facilities Authority
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agriculture
Under current law, a farmer may qualify for the farmland preservation tax
credit if the farmland is located in a farmland preservation zoning district. Also
under current law, a political subdivision may not rezone land out of a farmland
preservation zoning district unless the person who requested the rezoning pays a
conversion fee equal to the number of acres rezoned multiplied by three times the per
acre value of the highest value of cropland in the area, as determined for the purposes
of use value assessment. This bill eliminates the requirement that a person who
requests that land be rezoned out of a farmland preservation zoning district pay a
conversion fee.
Under current law, DATCP administers a program under which it, in
conjunction with local governments and nonprofit conservation organizations,
purchases agricultural conservation easements from willing landowners. An
agricultural conservation easement requires that land covered by the easement be
kept in agricultural use. This bill eliminates this program.
Current law requires DATCP to promote the consumption of locally produced
foods and to improve the distribution of foods for local consumption. DATCP also
awards grants for projects designed to increase the local sale of food grown in this
state. This bill eliminates these provisions.
Under current law, DATCP awards grants for land and water resource
management projects. This bill increases the general obligation bonding authority
for these grants by $7,000,000.
commerce and economic development
Economic development
Currently, the Department of Commerce (Commerce) administers, or assists in
administering, programs intended to promote economic development in this state.
Generally, the programs provide assistance in the form of grants, loans, or tax
benefits to persons who meet specified eligibility requirements. With certain
exceptions, the bill eliminates current programs that provide grants and loans, and
transfers Commerce's duties under programs that provide tax benefits to the
Wisconsin Economic Development Corporation (WEDC) created in
2011 Wisconsin
Act 7.
Grant and loan programs
With limited exceptions, the bill eliminates all current economic development
grant and loan programs administered by Commerce, including grants to Wisconsin
Business Development Finance Corporation for a capital access program; grants and
loans to a business or researcher for projects generally related to renewable energy;
loans to manufacturing businesses for projects generally related to energy efficiency
and renewable energy; grants and loans to businesses for diversifying a local
economy; grants and loans for improving the profitability of businesses negatively
impacted by a casino; grants to the city of Milwaukee to fund remediation and
redevelopment projects in the Menomonee Valley; grants to the Center for Advanced
Technology and Innovation; grants to businesses for employee skills training or other
education; grants to businesses for expenses in hiring students as paid interns; and
grants and loans to businesses, municipalities, and other entities for encouraging
minority businesses and businesses in economically distressed areas, and for
strengthening urban and rural communities.
Commerce currently awards grants to businesses for innovation and research
assistance and awards grants to the Women's Business Initiative Corporation
(WBIC). The bill transfers administration of these grants to DSPS, formerly called
DRL.
Tax incentives
Current law provides tax incentives for conducting certain business activities
in the state; Commerce's role is generally to certify that a business meets specified
eligibility requirements. The bill transfers Commerce's role in administering most
tax incentives to WEDC, including electronic medical records credit; angel
investment tax credits; early stage seed investment credit; and jobs credit. The bill
transfers Commerce's duties under the film production credit to the Department of
Tourism and transfers Commerce's duties under the dairy manufacturing facility
investment credit to DATCP.
Currently, Commerce may certify a person as eligible for the jobs tax credit if
the person increases net employment in the person's business and one of the
following applies: 1) an employee for whom the person claims the credit earns at least
$20,000 or $30,000 (depending on the classification of the community where the
employee is located) but not more than $100,000 per year; or 2) the person improves
employee skills, trains an employee in new technologies, or provides training to an
employee in his or her first full-time job. The bill provides that WEDC may certify
a person for the jobs tax credit if the person conducts training as described above or
increases net employment in the person's business, without regard to the salary of
the employee for whom the credit is claimed.
Current law also provides tax incentives for projects that create jobs, make
capital investments, train employees, or establish or retain corporate headquarters
in areas of the state (development zones) that meet specified criteria and Commerce
has designated, or that have been designated, by Commerce or by law. The bill
transfers Commerce's duties under these development zone programs to WEDC and
deletes a current provision authorizing the designation of a business incubator as a
development zone.
The bill directs WEDC to award annual grants up to $100,000 to regional
economic development agencies to fund marketing activities.
Other economic development duties
Currently, Commerce's Office of Regulatory Assistance must generally help
businesses to obtain permits, licenses, and approvals necessary to operate a business
in this state. The bill eliminates the Office of Regulatory Assistance.
Current law requires Commerce to facilitate arrangements between investors
of venture capital and entrepreneurs seeking to obtain venture capital. Commerce
must also develop programs in metropolitan areas for supporting persons who
arrange venture capital for entrepreneurs. The bill repeals these requirements.
Current law requires Commerce to enter into an agreement with a recipient of
a grant, loan, or specified tax incentives (incentive) that requires the recipient to
repay the incentive if, within five years, the recipient ceases to conduct in this state
the economic activity for which the incentive was provided and commences
substantially the same economic activity outside the state. The bill transfers this
requirement to WEDC.
The bill deletes the current State Main Street Program, which generally
requires Commerce to assist municipalities with programs to revitalize local,
downtown business areas.
The bill eliminates the Small Business Environmental Council, which
generally assists small businesses in complying with federal and state laws
regulating air and water pollution.
Under current law, Commerce administers programs to certify disabled
veteran-owned businesses, woman-owned businesses, and minority businesses
that are designed to promote such Wisconsin businesses. A business certified under
one of these programs may be eligible to receive certain benefits including
advantages bidding on public projects. This bill transfers the administration of those
certifications to DSPS.
Under current law, WHEFA may issue a bond to finance certain projects
undertaken by a participating health or research institution or educational facility,
or refinance the debt of a participating institution, and may engage in other
contractual relations with participating institutions incident to its project financing
or debt refinancing. This bill specifies that WHEFA may also contract with an
affiliate entity that controls, is controlled by, or is under common control with, an
entity organized under the laws of Wisconsin or authorized by Wisconsin law to
provide or operate certain facilities. The bill also authorizes WHEFA to issue a bond
for a project located outside of Wisconsin if that project includes a substantial
component located in Wisconsin, as determined by WHEFA's executive director.
Buildings and safety
Under current law, Commerce administers various laws, including laws that
promote safety in public and private buildings and in the subsystems of those
buildings, including building codes. Commerce issues various licenses, permits,
registrations, and other credentials (licenses) to persons engaged in occupations
regulated by Commerce, such as electricians and plumbers, and in connection with
the administration of other laws relating to public health and safety such as those
regulating private sewage systems, fireworks, and the storage of flammable liquids.
This bill transfers these functions to DSPS.
Financial institutions
Under current law, a person may apply to be a notary public to the Office of the
Secretary of State (OSOS). If OSOS determines that the applicant is qualified, OSOS
issues a certificate of appointment as a notary public. This bill transfers notary
public functions from the OSOS to DFI.
Under current law, a person may file for state trademark or service mark
registration with OSOS. If applicable requirements are met, OSOS issues a
certificate of registration of the mark. This bill transfers these trademark functions
from OSOS to DFI.
Under current law, a person cannot transact business in this state as an
investment adviser unless the person registers with DFI or is exempt from
registration. This bill eliminates registration exemptions for entities of institutional
character with assets of more than $10,000,000 and for private business
development companies, trusts with assets of more than $5,000,000, and entities in
which all of the equity owners are accredited investors.
Housing
Under current law, Commerce makes grants and loans to defray housing costs
for persons and families of low and moderate income; awards grants to various
entities to support independent living of, mental health services to, and shelter for,
homeless persons; awards grants to supplement the operating budgets of
administers housing programs funded by federal block grants and other federal
moneys; and administers a program to transfer surplus state-owned real estate. The
bill transfers Commerce's duties under these programs to WHEDA, except that the
bill eliminates the program for the transfer of surplus state-owned real estate.
Under current law, Commerce must prepare and annually update a state
housing strategy plan to inform review of bills and rules affecting housing and
generally guide WHEDA's housing-related activities. The bill transfers Commerce's
duties related to the plan to WHEDA.
Other commerce
Commerce currently may contract with the Board of Regents of the UW System
for services to assess and educate businesses regarding hazardous substances and
waste, and must work with DNR to promote pollution prevention among businesses
in the state. The bill deletes these provisions.
Currently, Commerce must prepare a report on any introduced bill, which is
printed as an appendix to the bill, that directly or substantially affects the
development, construction, cost, or availability of housing in the state and must
prepare a similar report on any proposed rule that directly or substantially affects
the development, construction, cost, or availability of housing in the state. The bill
transfers Commerce's duties with respect to bills to WHEDA and repeals
Commerce's duties with respect to proposed rules.
correctional system
Adult correctional system
The 2009-11 biennial budget act (Act 28) made several changes to the adult
correctional system, most of which took effect on October 1, 2009. Before the effective
date of these provisions (pre-Act 28), a person who was imprisoned for a felony
committed before December 31, 1999, could petition the parole commission in DOC
to be released to parole after the person served 25 percent of his or her sentence, or
six months, whichever was greater. The parole commission determined whether, and
under what conditions, the person should be released to parole. A person who
committed a felony on or after December 31, 1999, was 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 serving a
bifurcated sentence was generally required to serve the entire confinement portion
of his or her sentence, which could be extended for violation of a prison regulation,
before being released to extended supervision. If a person's confinement portion was
extended for a prison regulation violation, his or her extended supervision portion
had to be reduced so that the total length of the person's sentence remained
unchanged.
The law pre-Act 28 allowed a person serving a bifurcated sentence for certain
felonies to petition the sentencing court to adjust his or her sentence and release the
person from prison to extended supervision if he or she had 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 was reduced
by the sentencing court, his or her extended supervision portion had to be extended
so that the total length of the person's sentence remained unchanged. The law
pre-Act 28 required a person released to extended supervision to serve his or her
entire sentence before extended supervision terminated.
Most persons incarcerated for a Class C to Class I felony may earn "positive
adjustment time" toward early release from confinement. Current law allows DOC
to release a person to extended supervision when he or she serves his entire period
of confinement, minus "positive adjustment time" earned, subject to court review.
If a person's period of confinement 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. Also under current law, the sentencing court may, at the time of
sentencing, order a person to serve a risk reduction sentence making the person
eligible for early release to extended supervision under certain circumstances.
Generally, pre-Act 28, a person who had committed a felony could petition the
sentencing court for release to extended supervision if the person had a terminal
condition, reached age 65 after serving at least five years of the confinement portion
of the sentence, or reached age 60 after serving at least ten years of the confinement
portion of the sentence. Under current law, a person with any serious health
condition may file such a petition with ERRC instead of the sentencing court. In
addition, DOC may release to extended supervision any person serving the
confinement portion of a bifurcated sentence if the person is not confined following
a violent offense and other conditions are satisfied. 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.
Pre-Act 28, if a person sentenced to a bifurcated sentence violated any
condition of his or her release to extended supervision, the person's extended
supervision was revoked and he or she was returned to prison for a period of time
determined by the court that convicted the person not to exceed the time remaining
on the person's bifurcated sentence. Under current law, DOA's Division of Hearings
and Appeals or DOC determines how long to imprison the person whose extended
supervision is revoked not to exceed the time remaining on his or her bifurcated
sentence.
This bill eliminates "positive adjustment time" and risk reduction sentences,
restores the parole commission, eliminates the ERRC, and returns the sentencing
provisions and most of the provisions relating to early release from confinement to
pre-Act 28 law. Under the bill, a person may petition the sentencing court for release
to extended supervision for the remaining term of his or her sentence if the person
has an extraordinary health 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 the bill, a person sentenced after October 1, 2009, but before the effective
date of the bill, and who earned positive adjustment time during that period may
petition the sentencing court for an early release to extended supervision. If the
sentencing court agrees to reduce the confinement portion of the person's sentence
by the number of positive adjustment time days he or she earned, the sentencing
court must increase the term of extended supervision by the same number of days.
Under the bill, a person who was sentenced to a risk reduction sentence after October
1, 2009, but before the effective date of the bill and who complied with the program
plan developed by DOC may be released to extended supervision after he or she
serves at least 75 percent of the confinement portion of his or her sentence.
Juvenile correctional system
Under current law, 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 (the "daily rate").
This bill increases the daily rates for care in a juvenile correctional facility and
for care for juveniles transferred from a juvenile correctional institution and
decreases the daily rates for corrective sanctions and after care services. The bill
eliminates the statutory daily rates for care for juveniles in a residential care center
for children and youth, group home, or foster home, and instead provides that the
daily rate is the amount the provider of that care charges DOC.
This bill also decreases by 10 percent from the 2009-11 fiscal biennium the total
amounts that DOC must allocate to counties for state-provided juvenile correctional
services and local delinquency-related and juvenile justice services in the 2011-13
fiscal biennium.
Under current law, sum certain amounts 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 end of a fiscal year, certain
unencumbered balances in the juvenile residential aftercare services and juvenile
corrective sanctions services appropriation accounts, up to the amount of the deficit
and less any amounts required to be remitted to counties or deposited in the general
fund, are transferred to the juvenile correctional services appropriation account.
courts and procedure
Circuit courts
Under current law, with a few exceptions, a person who files a civil action, a
small claims action, or a wage garnishment action, or against whom a civil forfeiture
is assessed pays a $21.50 justice information surcharge. Of that amount, some
moneys remain in the general fund and some moneys are credited for certain specific
purposes.
Under the bill, $700,000 of the moneys from the justice information surcharge
remain in the general fund. The balance is credited to an appropriation account and
DOA is required to transfer the balance to various agencies for the following
purposes: to provide grants for law enforcement officers; to fund child advocacy
centers; to provide victim notification services; to pay for court interpreters; to pay
for assistant district attorney positions; to fund state and local information and
technology and administrative costs associated with traffic stop data collection; to
administer an interoperable public safety communications system; and to
administer an automated justice information system.
The bill eliminates the funding for the OJA to gather and analyze statistics and
for the provision of civil legal services to indigent persons; and requires district
attorney offices to work with the Office of State Employment Relations to allocate the
money transferred for assistant district attorneys.
Education
Primary and secondary education
Under current law, each school district must hold school for 180 days each
school term and must schedule at least 437 hours of direct pupil instruction in
kindergarten, at least 1,050 hours of direct pupil instruction in grades one to six, and
at least 1,137 hours of direct pupil instruction in grades seven to twelve. With some
exceptions, the state superintendent of public instruction must withhold state aid
from a school district if the school district fails to hold school for 180 days.
This bill eliminates the requirement that a school district hold school for 180
days each year and requires the state superintendent to withhold state aid from a
school district that fails to provide the hours of direct pupil instruction specified
above.
Under current law, the board of Milwaukee Public Schools determines the
school calendar and vacation periods for the regular day school period each school
year, but may not schedule more than 200 teaching days in that period in any school
year. This bill eliminates the requirement that no more than 200 teaching days be
scheduled in the regular day school period.
Current law generally limits the increase in the total amount of revenue per
pupil that a school district may receive from general school aids and property taxes
in a school year to the amount of revenue increase allowed per pupil in the previous
school year increased by the percentage change in the Consumer Price Index. In the
2011-12 school year, the increase is limited to $275 and in the 2012-13 school year
to the percentage change in the Consumer Price Index. This bill reduces the revenue
limit for all school districts by 5.5 percent in the 2011-12 school year. For the
2012-13 school year, a school district may not increase its per pupil revenues above
the amount it received in the 2011-12 school year.
Current law exempts a school district from the revenue limit if its per pupil
revenue is less than a statutory revenue ceiling, which is set at $9,000 in 2010-11
and $9,800 thereafter. This bill decreases the per pupil revenue ceiling to $8,900 for
the 2011-12 school year and for any subsequent school year.
Current law provides that, if a school district's revenue limit, as calculated
before any adjustments, is less than the district's base revenue from the previous
school year, the district's initial revenue limit is set at the prior year's base revenue.
This bill eliminates this provision.
