2003 - 2004 LEGISLATURE
March 11, 2003 - Introduced by Joint Legislative Council. Referred to Joint
Committee on Finance.
1An Act to renumber and amend
16.45; to amend
13.48 (7); and to create
16.42 (3) and 16.45 (2) of the statutes; relating to: deadlines for the transmittal
3of the Building Commission's long-range state building program
4recommendations and the delivery of the governor's biennial budget message
5and a report on the timeliness of the submittal of agency budget requests.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill was introduced at the
recommendation of the Joint Legislative Council's Special Committee on Improving
Wisconsin's Fiscal Management.
The bill amends statutorily prescribed deadlines relating to the state budget
process to partially implement the committee's recommended schedule for development
of the state's biennial budget in a timely manner. The bill also creates a reporting
requirement on the timeliness of the submittal of agency budget requests.
Governor's Budget Message
Currently, the governor is required to deliver the budget message, along with the
biennial state budget report and executive budget bill or bills, on or before the last
Tuesday in January of the odd-numbered year, unless the governor requests a later date
and the legislature approves the later date by joint resolution.
The bill establishes the following deadlines for the governor's budget message,
based on whether the governor is newly elected and whether January 1 in an
odd-numbered year falls on a Tuesday:
• In general, the governor must deliver the budget message on or before the 2nd
Tuesday in January of the odd-numbered year.
• If January 1 in an odd-numbered year falls on a Tuesday, then the budget
message must be delivered on or before the 3rd Tuesday in January of the odd-numbered
• If a governor is newly elected and not an incumbent, the governor must deliver
his or her first budget message on or before the 4th Tuesday in January in the year
following the governor's election.
• If January 1 in the year following the election of a newly elected, nonincumbent
governor falls on a Tuesday, the deadline for the budget message is the 5th Tuesday in
January in the year following that election.
The bill also repeals the provision in current law that authorizes the governor to
request, and the legislature to approve by joint resolution, a date later than the statutory
deadline for the delivery of the governor's budget message.
Currently, the Building Commission must transmit the portions of its
recommended budget for the long-range state building program that require legislative
approval to the Joint Committee on Finance (JFC) by the first Tuesday in April of each
odd-numbered year, unless the Building Commission requests a later date and that later
date is approved by JFC. The bill changes this submittal deadline to the first Tuesday
in March of each odd-numbered year.
Report on Agency Budget Request Submittals
Under current law, all state agencies other than the legislature and the courts, are
required to submit their biennial budget requests to the Department of Administration
(DOA) and the Legislative Fiscal Bureau (LFB) no later than September 15 of each
even-numbered year. The bill requires the DOA to report to the legislature by October
1 of each even-numbered year which agencies met the September 15 deadline and which
were late, and for those that were late, the reason for the delay in their submission.
Delayed Effective Date
The bill, if enacted, takes effect on July 1, 2004. Thus, the new deadlines and
reporting requirement under the bill first apply to the associated activities for the
2005-07 biennial budget.
SB64, s. 1
13.48 (7) of the statutes is amended to read:
13.48 (7) Biennial recommendations.
The building commission shall prepare 3
and formally adopt recommendations for the long-range state building program on 4
a biennial basis. The building commission shall include in its report any projects 5
proposed by the state fair park board involving a cost of not more than $250,000, 6
together with the method of financing those projects proposed by the board, without 7
recommendation. Unless a later date is requested by the building commission and 8
approved by the joint committee on finance, the building commission shall, no later
than the first Tuesday in April March
of each odd-numbered year, transmit the 2
report prepared by the department of administration under s. 16.40 (20) and the 3
commission's recommendations for the succeeding fiscal biennium that require 4
legislative approval to the joint committee on finance in the form of proposed 5
legislation prepared in proper form.
SB64, s. 2
16.42 (3) of the statutes is created to read:
(a) If an agency fails to furnish the information required under sub. 8
(1) by the date specified in sub. (1), the agency shall include with the information a 9
written explanation of the reason for the delay.
(b) No later than October 1 of each even-numbered year, the secretary shall 11
submit a report to the chief clerk of each house of the legislature for distribution to 12
the legislature under s. 13.172 (2) that identifies each agency that furnished a 13
complete submittal of the information required under sub. (1) by the date specified 14
in sub. (1), each agency that failed to furnish a complete submittal by the applicable 15
date, and the reason that any agency failed to furnish a complete submittal by the 16
SB64, s. 3
16.45 of the statutes is renumbered 16.45 (1) and amended to read:
In each regular session of the legislature, the governor shall deliver 19
the budget message to the 2 houses in joint session assembled. Unless a later date
20is requested by the governor and approved by the legislature in the form of a joint
21resolution, the budget message shall be delivered on or before the last Tuesday in
22January of the odd-numbered year by the date provided in sub. (2)
. With the 23
message the governor shall transmit to the legislature, as provided in ss. 16.46 and 24
16.47, the biennial state budget report and the executive budget bill or bills together 25
with suggestions for the best methods for raising the needed revenues.
SB64, s. 4
16.45 (2) of the statutes is created to read:
(a) Except as provided in pars. (b) and (c), the governor shall deliver 3
the budget message on or before the 2nd Tuesday in January of the odd-numbered 4
(b) If January 1 in an odd-numbered year falls on a Tuesday, the governor shall 6
deliver the budget message on or before the 3rd Tuesday in January of the 7
(c) If a governor was elected governor for the first time in the most recent 9
gubernatorial election and was not an incumbent governor at the time of the election, 10
the governor shall deliver the budget message, for the fiscal biennium starting July 11
1 of the year following the gubernatorial election, on or before:
1. Except as provided in subd. 2., the 4th Tuesday in January in the year 13
following the gubernatorial election.
2. If January 1 in the year following the gubernatorial election falls on a 15
Tuesday, the 5th Tuesday in January in the year following the gubernatorial election.
This act takes effect on July 1, 2004.