Wisconsin Code § 79.038

Innovation grants and innovation planning grants
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(1) INNOVATION GRANTS. (a) Beginning on the date
identified in the notice under 2023 Wisconsin Act 12, section 244
(1), counties and municipalities may apply to the department of
revenue, in the form and manner prescribed by the department,
for innovation grants to be used to implement innovation plans.
For purposes of this subsection, an “innovation plan” is a plan
submitted by a county or municipality to transfer county or municipal services or duties described in par. (b) to a county, municipality, nonprofit organization, or private entity. The department
may approve an application by a county or municipality for a
grant under this subsection only if the county or municipality enters into an agreement or contract to transfer services or duties
described in par. (b) to a county, municipality, nonprofit organization, or private entity, and all of the following apply:
1. The county or municipality provides to the department a
copy of a signed agreement or contract with a county, municipality, nonprofit organization, or private entity to transfer one or
more services or duties to the county, municipality, nonprofit organization, or private entity, and the agreement or contract satisfies all of the following:
a. The agreement or contract specifies the services or duties
to be transferred to the county, municipality, nonprofit organization, or private entity.
am. The agreement or contract is entered into no earlier than
the date identified in the notice under 2023 Wisconsin Act 12 ,
section 244 (1).
b. The agreement or contract transfers all services or duties
specified under subd. 1. a. for a period of at least 3 years.
c. The agreement or contract indicates the cost to the county
or municipality transferring a service or duty of performing each
service or duty specified under subd. 1. a. in the year immediately
preceding the transfer of the service or duty under the agreement
or contract, and, if the agreement or contract transfers a service or
duty specified under subd. 1. a. to a county or municipality, the
cost to the county or municipality to which the service or duty is
transferred of performing each transferred service or duty in the
year immediately preceding the transfer of the service or duty.
d. The agreement or contract specifies the amount that the
county or municipality will pay to the county, municipality, nonprofit organization, or private entity to which the service or duty
is transferred for performing each service or duty specified under
subd. 1. a. for the entire term of the agreement or contract.
e. The agreement or contract specifies the allocation of grant
moneys between the counties or municipalities that are parties to
the agreement or contract.
2. The county or municipality provided all services or duties
specified under subd. 1. a. in the year immediately preceding the
year that the services or duties are transferred under the agreement or contract described in subd. 1.
(b) 1. The department of revenue may award a grant for an
agreement or contract under par. (a) only for a transfer of one or
more of the following services or duties:
a. Public safety, including law enforcement, but not including
jails.
b. Fire protection.
c. Emergency services.
d. Courts.
e. Jails.
f. Training.
g. Communications.
h. Information technology.
i. Administration, including staffing, payroll, and human
resources.
j. Public works.
k. Economic development and tourism.
L. Public health.
m. Housing, planning, and zoning.
n. Parks and recreation.
2. For purposes of this subsection, the total cost of providing
a service under subd. 1. includes the cost of wages, fringe benefits, training, and equipment associated with providing the
service.
3. In calculating the projected savings under this paragraph
to be realized by a transfer of fire protection or emergency medical services involving an entity that engages volunteer fire fighters or emergency medical services practitioners, the department
shall attribute to all volunteer fire fighter or emergency medical
services practitioner positions fair market compensation for the
services provided by the volunteer fire fighter or emergency medical services practitioner positions. The department shall promulgate rules specifying the method of determining fair market
compensation for the services provided by a volunteer fire fighter
position and emergency medical services practitioner position for
purposes of this paragraph.
(c) 1m. The department may not approve a grant under par.
(a) after the end of the 6th fiscal year after the date identified in
the notice under 2023 Wisconsin Act 12, section 244 (1).
2. The department may distribute a total of up to
$300,000,000 in payments under this subsection.

3. The department may not approve a grant under par. (a) if
distributing all payments for the grant and all other grants
awarded under this subsection as provided in par. (d) would result
in the distribution of an amount that exceeds the amount under
subd. 2.
(d) 1. A grant awarded under par. (a) shall be distributed in
payments made each year that a service or duty is transferred under an innovation plan during the period consisting of the first fiscal year that begins after the date identified in the notice under
2023 Wisconsin Act 12, section 244 (1), and the 4 following fiscal years. Except as provided in subds. 2., 3m., and 4., with regard to an innovation plan, the amount of the grant awarded under
par. (a) for that plan to be distributed in each year is equal to 25
percent of the total costs specified for the county or municipality
transferring services or duties under par. (a) 1. c. of performing
the transferred services and duties in the year immediately preceding the transfer of the services or duties.
2. No county or municipality may receive a total amount of
payments distributed during a year under this subsection that exceeds $10,000,000.
3m. If, for a year during the period under subd. 1. that a
county or municipality is awarded a grant for an innovation plan
under par. (a), the total cost of performing the service or duty
specified by the innovation plan’s agreement or contract under
par. (a) 1. a. for all counties and municipalities that are a party to
the agreement or contract exceeds 115 percent of such cost for the
year immediately preceding the transfer of the service or duty as
indicated under par. (a) 1. c., the department of revenue shall notify the department of administration of each county and municipality that is a party to the agreement or contract, and the department of administration may not make a payment for that grant in
the next year to any such county or municipality.
4. The department shall allocate the grant moneys distributed under this paragraph as provided by the agreement or contract under par. (a) 1. e.
(e) The department of revenue shall give priority to county
and municipal innovation plans that attempt to realize savings for
public safety, fire protection, and emergency services while
maintaining the appropriate level of such services. After the department awards grants to priority applicants, the department
may award other counties and municipalities a prorated share of
the remaining amount allocated under s. 25.491 (10).
(em) The department of revenue shall certify the amounts of
grants awarded under par. (a) to the department of administration,
and the department of administration shall pay the amount of the
grants awarded under par. (a).
(f) 1. Each year during the period described in par. (d) during
which grants are distributed, the department of revenue shall audit at least 10 percent of the grants awarded under par. (a) for
which at least 24 months have passed since the first distribution
under the grant.
2. Each year during the period during which grants under
par. (a) are awarded, no later than December 31, the department
of revenue shall submit a report to the joint committee on finance
concerning all grants awarded under par. (a).
(2) INNOVATION PLANNING GRANTS. (a) Beginning in 2024,
a municipality with a population not exceeding 5,000 may apply
to the department of revenue, in the form and manner prescribed
by the department, for a grant to be used only for staffing and
consultant expenses for planning the transfer of one or more of
the services listed under sub. (1) (b). No municipality may receive more than $100,000 for each project plan submitted under
this paragraph and approved by the department of revenue.
(b) The department of revenue shall certify the amounts of
grants awarded under par. (a) to the department of administration,
and the department of administration shall pay the amount of the
grants awarded under par. (a).

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