WAPA Legislative Update

By Jordan K. Lamb, WAPA Legislative Counsel
DeWitt Ross & Stevens S.C.

May 22, 2003

A.        2003-05 Biennial Budget

            1.         Budget Procedure and Process

The Joint Finance Committee continues to hold executive sessions on Governor Doyle’s biennial budget bill.  In these executive sessions, the Committee is amending the Governor’s proposed budget and will introduce a comprehensive substitute amendment for both houses of the legislature to consider.  (For a list of the legislators who sit on the Joint Finance Committee, go to http://www.legis.state.wi.us/lfb/jfc/jfcmembership.html on the Internet).

2.                  Relevant Budget Issues – Reduction in Shared Revenue

The Joint Finance Committee has not yet addressed all of the shared revenue proposals in the Governor’s budget.  However, they have addressed the Governor’s recommendation to move the responsibility for assessing manufacturing property from the state Bureau of Manufacturing and Telco Assessment (in the Division of State and Local Finance in the Department of Revenue) to local units of government.  On May 20, 2003, in Motion #149, the Joint Finance Committee voted to delete this transfer of responsibility and restore the assessment responsibility to the Department of Revenue.  In addition, the Committee provided the Department with $1,076,300 and 13.5 staff positions funded with general program revenue (GPR) and $1,076,300 and 13.5 staff positions funded with program revenue (PR).  The program revenue portion is provided through a special charge assessed against each municipality where manufacturing property is located.

3.                  Relevant Budget Issues – Reduction in Stewardship Funding

According to the Legislative Fiscal Bureau (information from Budget Paper #529), the 1999-01 biennial budget act (1999 Act 9) provided $460 million in bonding for a ten-year reauthorization of the Warren Knowles-Gaylord Nelson stewardship program beginning in 2000-01 for the purpose of acquiring land to expand recreational opportunities and protect environmentally sensitive areas.  The annual bonding authority under the program was $46 million, ending in fiscal year 2009-10.   The 2001-03 biennial budget (2001 Act 16) increased the overall bonding authority to $572 million and the annual bonding allocation from $46 million to $60 million beginning in 2002-03 (with $45 million each year available for the land acquisition subprogram and $15 million for property development and local assistance).  Currently, with the approval of the Natural Resources Board, the Joint Committee on Finance and the Governor, the Department can obligate up to the entire allocation under the land acquisition subprogram for large or uniquely valuable acquisitions.  

The Governor made no recommendations with regard to the stewardship program in his biennial budget proposal, however, the Joint Finance Committee, on May 8, 2003, did make changes to the program.  The Joint Finance Committee voted to reduce the total general obligation bond authority for the program from $527 million to $327 million.  (Motion #268).  In addition, the Committee voted to require the Department of Natural Resources to sell $20 million worth of land currently owned by the state in each year of the 2003-05 biennium.  (Motion #280). 

4.                  Relevant Budget Issues – Transportation Funding

On May 16, 2003, the Joint Finance Committee passed an omnibus transportation budget package with a vote of 12 to 4, which includes $480 million less in Transportation Revenue Bonding than the Governor’s proposed budget, fully funds the Marquette Interchange reconstruction, and funds scheduled road repair and construction projects.  (Motion #457).  As a part of this package, the Committee eliminated all funding for the following transportation programs:  (1) the surface transportation discretionary grant program, which provides grants of federal funds for projects designed to promote alternatives to single-occupancy vehicle travel, such as the purchase of buses for new transit service or the construction of commuter bicycle facilities; (2) the multimodal transportation studies program, which funds various studies related to the development of new transportation facilities and transportation planning, including traffic modeling studies and transit system studies; and (3) the transfer of federal highway aid from the Department of Transportation to the Department of Administration for providing comprehensive planning grants to local governments. 

B.         Update on Previously Introduced Stand-Alone Legislation

1.      Assembly Bill 136 – Charter Towns

Assembly Bill 136, introduced on March 6, 2003 by Representative Carol Owens (a Republican from the 53^rd Assembly District), which authorizes a town board to exercise village powers to adopt a resolution declaring that it is a “charter town, passed out of the Assembly Committee on Rural Affairs with a vote of 6 to 3 on May 8, 2003.  The bill has been referred to the Assembly Rules Committee and is now available for scheduling for debate on the floor of the Assembly.  In a press release dated May 8, 2003, Representative Owens praised the Assembly Committee on Rural Affairs for passing AB 136 out of the Committee.  Representative Owens stated, “With Wisconsin’s economy in a slump, this legislation may help encourage economic development and bring in much needed jobs.”  She hopes that AB 136 will come up for debate on the Assembly floor in either the June or fall floor period. 

2.      Assembly Bill 130 – Alternative Method for Town Consolidation

Assembly Bill 130, introduced on March 6, 2003 by Representative Bonnie Ladwig (a Republican from the 63^rd Assembly District), which creates another method for certain towns to consolidate with other municipalities, passed out of the Assembly Committee on Urban and Local Affairs on May 20, 2003 with a vote of 7 to 0.  It has been referred to the Assembly Committee on Rules and is available for scheduling for debate on the Assembly floor.

3.         Senate Bill 110 – Town Maps

There has been no further action on Senate Bill 110, introduced on April 9, 2003 by Senator Alan Lasee, a Republican from the 1^st Senate District.

C.        Newly Introduced Stand-Alone Legislation

1.      Senate Bill 123 and Assembly Bill 253 – Using Population in Determining Eligibility for Recycling Efficiency Grants

Current law requires the Department of Natural Resources (DNR) to make recycling efficiency incentive grants to local units of government that are responsible for operating recycling programs.  On April 8, 2003, the Joint Committee for Review of Administrative Rules introduced Assembly Bill 253, which prohibits the DNR from considering the population of a responsible local unit of government in determining its eligibility for a recycling efficiency incentive grant.  (On April 23, the Committee introduced Senate Bill 123, the Senate companion bill to AB 253.)  These bills were introduced as required by s. 227.19 (5) (e), stats., in support of the objection of the Senate Committee on Environment and Natural Resources on February 6, 2003, and the objection of the Joint Committee for Review of Administrative Rules on March 6, 2003, to the issuance of a portion of clearinghouse rule number 02–60 by DNR.  The proposed clearinghouse rule provided several ways for a responsible unit to be eligible for a recycling efficiency incentive grant, including being a responsible unit of local government with a population of at least 50,000.  AB 253 has been referred to the Assembly Committee on Natural Resources, and AB 123 has been referred to the Senate Committee on Environment and Natural Resources.

            2.         Assembly Bill 295 – Extension of Recycling Pilot Program

On April 23, 2003, Representative Mark Miller (a Democrat from the 48^th Assembly District) introduced Assembly Bill 295, which extends the termination date of a the pilot program for an alternate method for local recycling programs.  Current law lists the types of materials that a local governmental unit must require individuals and businesses to recycle. Current law also requires the Department of Natural Resources to operate a pilot program to provide nine responsible units of local government with an alternate method of complying with recycling requirements. The pilot program must include a list of types of materials from which each participating responsible unit of government chooses to require to be recycled and must include goals for amounts of materials to be recycled as a percentage of solid waste. The pilot program ends on December 31, 2005. This bill extends the pilot program to December 31, 2012.  AB 295 was referred to the Assembly Committee on Natural Resources.

            3.         Assembly Bill 347 – Dwelling Codes

On May 20, 2003, Representative Jeffery Wood (a Republican from the 67^th Assembly District) introduced Assembly Bill 347, which repeals the authority for a city, village, or town with a population of 2,500 or less to exempt itself from enforcement of the one– and two–family dwelling code.  Under current law, with certain limited exceptions, any city, village, town, or county (hereinafter “municipality”) may provide for the enforcement of the one– and two–family dwelling code throughout the municipality. With certain exceptions, current law requires any municipality that does not provide for this enforcement to contract with the Department of Commerce for necessary building inspection services under the one– and two–family dwelling code.  However, a municipality with a population of 2,500 or less may adopt a resolution generally exempting the municipality from any enforcement of the one– and two–family dwelling code, including inspections by the department.  This bill repeals the authority for a c municipality with a population of 2,500 or less to exempt itself from enforcement of the one– and two–family dwelling code, and subjects such municipality to the general requirement to provide for the enforcement of the one– and two–family dwelling code or contract with the Department of Commerce for necessary building inspection services.  AB 347 was referred to the Assembly Committee on Housing.

D.        Other News and Information

On May 21, 2003, the Southeastern Wisconsin Regional Planning Commission voted to recommend widening sections of Interstate 94 and Interstate 43 to eight lanes in Milwaukee and several outlying suburbs.  For more information on this project, see the article entitled, “Panel Backs Widening 1-43, I-94 to Eight Lanes,” by Larry Sandler, The Milwaukee Journal Sentinel, May 21, 2003, available online at:

http://www.jsonline.com/traffic/news/may03/142439.asp

E.         Useful Internet Links

To determine who your state legislators are, go to http://www.legis.state.wi.us/waml/ and type in your home address.

For a list of all Wisconsin State Representatives, go to:

http://www.legis.state.wi.us/assembly/asmhomepages.html

For a list of all Wisconsin State Senators, go to:

http://www.legis.state.wi.us/senate/senhomepages.html

To get to the State Legislature’s Homepage, go to:

http://www.legis.state.wi.us