AB691: Bill Text

LRB-3961/2

JEO/MGD/RAC/PJD:kmg&wlj:km

1999 - 2000 LEGISLATURE

1999 Assembly BILL 691

February 1, 2000 - Introduced by Representatives Krug, Goetsch, Balow, Ladwig, Plouff, M. Lehman, Lassa, Olsen, Ryba, Bock, Boyle, Pocan, Coggs, Hebl, Colon, Sherman, Richards, Miller, Riley, Carpenter, Berceau and Gunderson, cosponsored by Senators Panzer, Breske, Huelsman, George, Schultz, Risser, Roessler, Plache, Rosenzweig, Baumgart, Cowles, Erpenbach and Darling. Referred to Committee on Corrections and the Courts.

AB691,1,7 An Act to repeal 13.093 (2) (c); to amend 13.093 (1), 20.410 (1) (e), 20.410 (3) (e) and 20.866 (1) (u); to repeal and recreate 20.866 (1) (u); and to create 13.093 (3) and (4), 20.410 (1) (qd), 20.410 (1) (qg), 20.410 (1) (qr), 20.410 (3) (qg), 20.410 (3) (qr), 20.435 (3) (q), 20.855 (4) (em), 25.17 (1) (bm) and 25.71 of the statutes; relating to: fiscal estimates for bills containing criminal penalty provisions, establishing a corrections special reserve fund and making appropriations.

Analysis by the Legislative Reference Bureau

Under current law, all bills introduced in either house of the legislature that appropriate money, provide for revenue or relate to taxation must be referred to the joint committee on finance (JCF) before being passed. In addition, current law requires that a fiscal estimate be prepared for any bill that makes an appropriation or that increases or decreases existing appropriations or state or general local government fiscal liability or revenues. A fiscal estimate must incorporate a reliable estimate of the anticipated change in appropriation authority or fiscal liability or revenue and, to the extent possible, must project such changes in future fiscal years. Fiscal estimates are prepared by the state agencies administering the appropriation or fund or collecting the revenue or having information concerning the subject matter of the bill. A bill containing a penalty provision is exempt from the fiscal estimate requirement if it contains no other provisions that require a fiscal estimate.

This bill eliminates the current exemption from the fiscal estimate requirement for bills containing a penalty provision. In addition, the bill requires a correctional fiscal estimate to be prepared for any bill that does any of the following: 1) creates a criminal offense that is punishable by imprisonment in a state prison or placement in a juvenile correctional institution; 2) increases the period of imprisonment or the period of placement in a juvenile correctional institution that may be imposed for an offense; 3) requires a person to be sentenced to state prison or placed in a juvenile correctional institution; or 4) otherwise affects a penalty provision in a way that will increase the number of persons on probation, parole or extended supervision or in the juvenile correctional system.

To prepare a correctional fiscal estimate, the affected state agencies must make projections of the impact of the bill on the number of persons on probation, parole or extended supervision, the number of persons in prison and the number of persons in the juvenile correctional system. The agencies must also estimate the fiscal impact of any projected population changes. Finally, the agencies must specify the methodologies and assumptions that they used to make the population projections and the estimate of the fiscal impact. The agencies then provide this information to the legislative fiscal bureau (LFB), which in turn has five working days to review the information and consult with the agencies concerning the projections and estimates.

After the LFB review period, the affected agencies must submit a completed correctional fiscal estimate to the LFB and the legislative reference bureau (LRB) and the LFB must submit a statement of its review of the correctional fiscal estimate to the LRB. The completed correctional fiscal estimate must provide an estimate of the anticipated state fiscal liability for correctional capital and operational costs under the bill, including a projection of such costs for the fiscal year in which the bill takes effect and the nine succeeding fiscal years.

If a bill requires a correctional fiscal estimate, the estimate must be incorporated into the bill before any public hearing on the bill in a standing committee, before any vote is taken in a standing committee if no public hearing is held, or before any vote is taken on the bill by either house of the legislature if the bill is not referred to a standing committee. In addition, a bill that requires a correctional fiscal estimate must be referred to JCF. Before it recommends the bill for passage, JCF must recommend adoption of an amendment that appropriates money to the corrections special reserve fund, unless the committee determines that such an amendment is unnecessary because the bill does not increase corrections capital and operating costs or if the bill already makes a sufficient appropriation to the corrections special reserve fund. Likewise, neither house of the legislature may vote on the bill unless it has first adopted an amendment that appropriates money to the corrections special reserve fund, unless JCF has determined that such an amendment is unnecessary. The corrections special reserve fund is created by this bill for the purposes of making principal and interest payments on debt contracted to purchase, build or expand correctional institutions, paying for the operation of the department of corrections (DOC) and for community corrections programs, and funding child abuse and neglect prevention programs in the department of health and family services (DHFS).

Finally, under this bill, if an amendment to the biennial budget bill meets the criteria of a bill requiring a correctional fiscal estimate, the amendment may not be voted on by either house of the legislature unless the provisions of the amendment that require a correctional fiscal estimate are identical to the provisions of an introduced bill for which a correctional fiscal estimate has been prepared.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB691, s. 1 Section 1. 13.093 (1) of the statutes is amended to read:

AB691,3,5 13.093 (1) All bills introduced in either house of the legislature for the appropriation of money, providing for revenue or relating to taxation or that require a correctional fiscal estimate under sub. (3) shall be referred to the joint committee on finance before being passed.

AB691, s. 2 Section 2. 13.093 (2) (c) of the statutes is repealed.

AB691, s. 3 Section 3. 13.093 (3) and (4) of the statutes are created to read:

AB691,4,5 13.093 (3) (a) All bills introduced in either house of the legislature that create a criminal offense for which a sentence to a state prison or a disposition of placement in a juvenile correctional facility may be imposed, that increase the period of imprisonment in a state prison or placement in a juvenile correctional facility for an existing criminal offense, that require a person to be sentenced to imprisonment in a state prison or a juvenile to be placed in a juvenile correctional facility, or that otherwise affect a penalty provision that increases the statewide probation, parole, extended supervision or juvenile corrections population shall incorporate a correctional fiscal estimate before any vote is taken thereon by either house of the legislature, if the bill is not referred to a standing committee, before any public hearing is held before a standing committee or, if no public hearing is held, before any vote is taken by the standing committee. The correctional fiscal estimate shall estimate the anticipated state fiscal liability for correctional capital and operational costs under the bill including a projection of such costs for the fiscal year in which the bill becomes effective and the 9 succeeding fiscal years. Correctional fiscal estimates shall be prepared as follows:

AB691,4,19 1. Upon receiving a copy of a bill under par. (c), the department of administration shall determine which departments or agencies are responsible for preparing the correctional fiscal estimate. The departments or agencies responsible for preparing the correctional fiscal estimate shall submit to the legislative fiscal bureau projections of the impact on statewide probationer, prisoner, parolee, extended supervision and juvenile corrections populations, an estimate of the fiscal impact of such population changes on state expenditures and a statement of the methodologies and assumptions used in making the population projections and estimates of fiscal impact. In preparing this information, a department or agency may request information from other departments or agencies. If a specific estimate cannot be determined, the departments or agencies shall provide an estimated cost range. The departments or agencies shall submit this information to the legislative fiscal bureau within 5 working days after the departments or agencies receive a copy of the bill.

AB691,5,2 2. The legislative fiscal bureau shall review the information received from the departments or agencies under subd. 1. The legislative fiscal bureau shall consult with the departments or agencies from which information was received under subd. 1. and the departments or agencies shall provide information as requested by the legislative fiscal bureau as necessary to complete the review. Such review shall be completed within 5 working days from the date the legislative fiscal bureau receives the information under subd. 1.

AB691,5,9 3. The departments or agencies preparing information under subd. 1. shall prepare a correctional fiscal estimate and submit it to the legislative reference bureau and the legislative fiscal bureau within 3 working days after the date the legislative fiscal bureau's review period under subd. 2. ends. If a department or agency cannot make a specific estimate, the department or agency shall establish assumptions, including population estimates, that allow a projection to be made and provide an estimated cost range.

AB691,5,12 4. The legislative fiscal bureau shall prepare a statement of its review of the correctional fiscal estimate and submit it to the legislative reference bureau within 2 working days after receiving the correctional fiscal estimate.

AB691,5,15 (b) The legislature shall reproduce and distribute correctional fiscal estimates under par. (a) 3. and statements under par. (a) 4. in the same manner as it reproduces and distributes amendments.

AB691,5,21 (c) The legislative reference bureau shall determine whether a bill draft requires a correctional fiscal estimate. A bill draft that requires a correctional fiscal estimate under this subsection shall have that requirement noted on its jacket when the jacket is prepared. When a bill that requires a correctional fiscal estimate under this subsection is introduced, the legislative reference bureau shall submit a copy of the bill to the legislative fiscal bureau and the department of administration.

AB691,6,9 (4) (a) In any bill that requires a correctional fiscal estimate under sub. (3), the joint committee on finance, before recommending the bill for passage, shall recommend adoption of an amendment to increase the appropriation under s. 20.855 (4) (em) in an amount equal to the amount of corrections capital and operational costs for the fiscal year in which those costs are estimated to be the highest multiplied by 2. This paragraph does not apply if the joint committee on finance determines that the bill does not increase state liability for corrections capital and operational costs or that the bill already contains a provision that increases the appropriation under s. 20.855 (4) (em) in an amount equal to the amount of corrections capital and operational costs for the fiscal year in which those costs are estimated to be the highest multiplied by 2. If the joint committee on finance determines that this paragraph does not apply, the committee's recommendation shall be accompanied by a statement to that effect.

AB691,6,15 (b) Neither house of the legislature may vote on a bill that requires a correctional fiscal estimate under sub. (3) unless it has adopted an amendment to increase the appropriation under s. 20.855 (4) (em) as recommended by the joint committee on finance under par. (a). This provision does not apply to a bill for which the joint committee on finance has prepared a statement under par. (a) that the requirement under that paragraph does not apply to the bill.

AB691,6,21 (c) Neither house of the legislature may vote on an amendment to the executive budget bill or bills introduced under s. 16.47 if the amendment meets the criteria of a bill that requires a correctional fiscal estimate under sub. (3) unless the only provisions in the amendment that cause the amendment to meet the criteria are identical to the provisions of a bill introduced in the same legislative session for which the requirements under sub. (3) and par. (a) have been met.

AB691, s. 4 Section 4. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

AB691, s. 5 Section 5. 20.410 (1) (e) of the statutes is amended to read:

AB691,7,5 20.410 (1) (e) Principal repayment and interest. A sum sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs that are incurred in financing the acquisition, construction, development, enlargement or improvement of correctional facilities and that are not reimbursed under par. (qd).

AB691, s. 6 Section 6. 20.410 (1) (qd) of the statutes is created to read:

AB691,8,7 20.410 (1) (qd) Principal repayment, interest and rebates. From the corrections special reserve fund, the amounts in the schedule to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing the acquisition, construction, development, enlargement or improvement of adult correctional facilities, and to make full payment of the amounts determined by the building commission under s. 13.488 (1) (m) that are attributable to the proceeds of obligations incurred in financing such facilities.

AB691, s. 7 Section 7. 20.410 (1) (qg) of the statutes is created to read:

AB691,8,11 20.410 (1) (qg) General operations costs. From the corrections special reserve fund, the amounts in the schedule for the operation of institutions and to provide field services and administrative services.

AB691, s. 8 Section 8. 20.410 (1) (qr) of the statutes is created to read:

AB691,8,18 20.410 (1) (qr) Operating costs for community corrections. From the corrections special reserve fund, the amounts in the schedule to provide services related to probation, extended supervision and parole, the intensive sanctions program under s. 301.048, the community residential confinement program under s. 301.046, programs of intensive supervision of adult offenders and minimum security correctional institutions established under s. 301.13.

AB691, s. 9 Section 9. 20.410 (3) (e) of the statutes is amended to read:

AB691,8,24 20.410 (3) (e) Principal repayment and interest. A sum sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs that are incurred in financing the acquisition, construction, development, enlargement or improvement of the department's juvenile correctional facilities and that are not reimbursed under par. (qg).

AB691, s. 10 Section 10. 20.410 (3) (qg) of the statutes is created to read:

AB691,9,5 20.410 (3) (qg) Principal repayment and interest costs. From the corrections special reserve fund, the amounts in the schedule to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing the acquisition, construction, development, enlargement or improvement of juvenile correctional facilities.

AB691, s. 11 Section 11. 20.410 (3) (qr) of the statutes is created to read:

AB691,9,9 20.410 (3) (qr) General operations costs. From the corrections special reserve fund, the amounts in the schedule to operate the department's juvenile correctional institutions and to provide field services and administrative services.

AB691, s. 12 Section 12. 20.435 (3) (q) of the statutes is created to read:

AB691,9,16 20.435 (3) (q) Child abuse prevention. From the corrections special reserve fund, a sum sufficient equal to the net earnings on the moneys in the corrections special reserve fund, as determined under s. 25.14 (3), less any amounts assessed against the fund under s. 25.187 (2), for the purpose of funding child abuse prevention efforts. Moneys appropriated under this appropriation may not be used to supplant or divert other sources of funding for child abuse prevention efforts.

AB691, s. 13 Section 13. 20.855 (4) (em) of the statutes is created to read:

AB691,9,19 20.855 (4) (em) Corrections special reserve fund contribution. The amounts in the schedule for transfer to the corrections special reserve fund under s. 25.71.

AB691, s. 14 Section 14. 20.866 (1) (u) of the statutes, as affected by 1999 Wisconsin Act 9, section 628, is amended to read: