JR3 SB1: Bill Text

LRB-1808/1

ALL:all:all

January 2003 Special Session

2003 - 2004 LEGISLATURE

Senate BILL 1

January 30, 2003 - Introduced by Committee on Senate Organization, by request of Governor Jim Doyle. Referred to Joint Committee on Finance.

SB1,2,2 An Act to repeal 25.40 (2) (b) 27. and 292.77 (4); and to create 25.40 (2) (b) 27. of the statutes; relating to: decreasing appropriations; lapsing moneys from certain program revenue appropriation accounts to the general fund; transferring moneys from certain segregated funds to the general fund; increasing funding for out-of-state inmate contracts and for health care for inmates of state prisons; increasing funding for the Medical Assistance and Badger Care programs; increasing segregated funding for the payment of principal and interest costs incurred in financing land acquisition and development under the stewardship program; restricting distribution of funds by the Tobacco Control Board to the Tobacco Research and Intervention Center at the University of Wisconsin-Madison; lapsing or reestimating expenditures from certain general purpose revenue appropriations; exempting the actions of the legislature on this bill from the required general fund structural balance and the required general fund statutory balance; and making appropriations.

Analysis by the Legislative Reference Bureau

This bill decreases various sum certain appropriations, lapses certain moneys from program revenue accounts to the general fund, transfers moneys from certain segregated funds to the general fund, and increases funding for certain purposes. Some specific provisions include:

This bill increases by $22,211,700 the transfer of moneys in fiscal year 2002-03 from the transportation fund to the general fund. The bill also specifies that this transfer may occur without any order for payment by the secretary of transportation.

This bill transfers $3,000,000 from the recycling fund, $4,700,000 from the utility public benefits fund, and $3,000,000 from the universal service fund to the general fund.

Under current law, the Department of Corrections (DOC) may contract with other states or local governments or private persons in other states for the confinement of prisoners in those states. This bill increases the amount appropriated to DOC for such contracts. The bill also increases the amount appropriated to DOC for health care costs for inmates of state prisons.

This bill lapses $1,900,000 from a nonlapsing appropriation for state park and forest roads and roads in the Lower Wisconsin State Riverway to the general fund.

This bill reduces by specific amounts the largest sum certain appropriation for state operations of certain state agencies from general purpose revenue in the 2002-03 fiscal year. However, any such agency, no later than 14 days after the effective date of this bill, may submit an alternative plan to the secretary of administration concerning the agency's preference for allocating reductions among sum certain appropriations made to the agency from general purpose revenue. If the secretary does not approve the plan, the agency shall make the reductions from the agency's largest sum certain appropriation for state operations. If the secretary approves the plan, he or she shall submit the plan to the Joint Committee on Finance no later than 21 days after the effective date of this bill. If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the plan to be held within 14 working days after the date of the secretary's submittal, the agency shall make the reductions specified in the plan. If the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the plan to be held within 14 working days after the date of the secretary's submittal, the agency may not implement the plan until it is approved by the committee, as submitted or as modified.

This bill requires the Department of Administration (DOA) to lapse moneys to the general fund from a number of program revenue appropriation accounts. The appropriations are made to the following state agencies: the departments of Administration, Agriculture, Trade and Consumer Protection, Commerce, Electronic Government, Financial Institutions, Health and Family Services, Justice, Public Instruction, and Regulation and Licensing; the Historical Society; and the Office of the Commissioner of Insurance. The bill also requires DOA to reduce appropriations for program supplements from general purpose revenue during the 2002-03 fiscal year by $929,800.

This bill decreases certain segregated fund appropriations and requires that moneys in the amount of these decreases be transferred to the general fund from the segregated funds from which the appropriations are made. The appropriations are made to the following state agencies: the departments of Administration, Commerce, Natural Resources, and Veterans Affairs; the Tobacco Control Board; and the Office of the Commissioner of Insurance.

This bill requires the cochairpersons of the Joint Committee on Legislative Organization to take actions during the 2001-03 fiscal biennium to ensure that from general purpose revenue appropriations for state operations to the legislature an amount equal to $2,959,800 is lapsed from sum certain appropriation accounts or is subtracted from the expenditure estimates for any other types of appropriations, or both.

Under current law, there is appropriated to the governor certain sum sufficient and sum certain appropriations of general purpose revenues. This bill requires the governor to take action to ensure that from the general purpose revenue appropriations for state operations to the Office of the Governor $175,600 is lapsed from sum certain appropriation accounts or is subtracted from the expenditure estimates for any other types of appropriations, or both.

This bill requires the Department of Commerce to lapse an amount determined by the secretary of commerce from the primary program revenues appropriation account for the Wisconsin development fund and decreases the primary general purpose revenues appropriation for the Wisconsin development fund by an amount determined by the secretary of commerce. The total of the lapse and the decrease must be $7,000,000.

Under current federal and state law, Medical Assistance (MA) is a federal-state, jointly funded program that provides reimbursement for health care services provided to aged, blind, disabled, and certain other MA recipients, who have few assets and low income. The Badger Care program operates under a waiver of federal MA laws to provide MA health services and benefits to low-income families. Under current law, the MA trust fund consists of federal MA moneys received, based on public funds that are transferred under federal law and used as the nonfederal share of MA funding. This bill increases funding for MA from the MA trust fund by $64,402,900 in fiscal year 2002-03, decreases general purpose revenue funding for MA by $9,587,000 in fiscal year 2002-03, and increases general purpose revenue funding for Badger Care from the MA trust fund by $9,587,000 in fiscal year 2002-03.

Under current law, the Tobacco Control Board must distribute from the tobacco control fund $1,000,000 to the Board of Regents of the University of Wisconsin System for the Tobacco Research and Intervention Center at the University of Wisconsin-Madison. The Tobacco Control Board may distribute other moneys from the tobacco control fund as grants for programs for tobacco use reduction, cessation, and prevention. This bill limits amounts that the Tobacco Control Board may distribute from the tobacco control fund for the Tobacco Research and Intervention Center at the University of Wisconsin-Madison in fiscal year 2002-03 to the required $1,000,000 distribution and to no more than $1,000,000 for a telephone response system for smokers who are attempting to cease smoking.

Current law grants the state bonding authority to acquire and develop land for various conservation purposes under the stewardship program. The program is administered by the Department of Natural Resources (DNR). Under current law, DNR is appropriated a specified amount from the conservation fund for the purpose of paying principal and interest costs incurred in financing land acquisition and development under the stewardship program. This bill increases the amount appropriated to DNR for this purpose in fiscal year 2003-04 by $4,000,000.

Current statutes specify a rule of procedure that the legislature must follow in passing legislation. The rule provides that no bill may be adopted by the legislature if the bill would cause in any fiscal year the amount of expenditures from the general fund to exceed the sum of the amount of taxes and departmental revenues that are deposited in to the general fund for that fiscal year. The bill provides that this rule does not apply to the legislature in adopting this bill. (As a rule of procedure, the required general fund structural balance may not be legally enforced, but may nonetheless be effective in governing the internal operations of the legislature.)

Current statutes specify an additional rule of procedure that the legislature must follow in passing legislation. The rule provides that no bill may be adopted by the legislature if the bill would cause the estimated general fund balance on June 30, 2003, to be an amount less than 1.2% of the total general purpose revenue appropriations for that fiscal year plus any amount from general purpose revenue designated as "Compensation Reserves" for that fiscal year in the schedule summary. The bill provides that this rule does not apply to the legislature in adopting this bill. (As a rule of procedure, the required general fund structural balance may not be legally enforced, but may nonetheless be effective in governing the internal operations of the legislature.)

For further information see the state and local 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:

SB1, s. 1 Section 1. 25.40 (2) (b) 27. of the statutes is created to read:

SB1,4,2 25.40 (2) (b) 27. Section 20.855 (4) (v).

SB1, s. 2 Section 2. 25.40 (2) (b) 27. of the statutes, as created by 2003 Wisconsin Act .... (this act), is repealed.

SB1, s. 3 Section 3. 292.77 (4) of the statutes is repealed.

SB1, s. 9151 Section 9151. Nonstatutory provisions; tobacco control board.

SB1,5,9 (1) Limitation on distribution. From the appropriation under section 20.436 (1) (tc) of the statutes, in state fiscal year 2002-03 the tobacco control board may not distribute amounts to the board of regents of the University of Wisconsin System for the tobacco research and intervention center at the University of Wisconsin-Madison that exceed $1,000,000 under section 255.15 (3) (a) 1. of the statutes and, for a telephone response system for smokers who are attempting to cease smoking, $1,000,000 under section 255.15 (3) (b) of the statutes.

SB1, s. 9160 Section 9160. Nonstatutory provisions; other.

SB1,5,12 (1) Required general fund structural balance. Section 20.003 (4m) of the statutes does not apply to the action of the legislature in enacting this act.

SB1,5,15 (2) Required general fund balance. Section 20.003 (4) (d) of the statutes and 2001 Wisconsin Act 16, section 9101 (25j), do not apply to the action of the legislature in enacting this act.

SB1, s. 9201 Section 9201. Appropriation changes; administration.

SB1,5,20 (1) Appropriation lapses from program supplements. The department of administration shall take actions during the 2001-03 fiscal biennium to ensure that from general purpose revenue appropriations under section 20.865 of the statutes an amount equal to $929,800 is lapsed from sum certain appropriations.

SB1,5,22 (2) Utility public benefits fund transfer. There is transferred from the utility public benefits fund to the general fund $4,700,000 in fiscal year 2002-03.

SB1, s. 9203 Section 9203. Appropriation changes; aging and long-term care board.

SB1,6,5 (1) General program operations appropriation decrease. In the schedule under section 20.005 (3) of the statutes for the appropriation to the board on aging and long-term care under section 20.432 (1) (a) of the statutes, as affected by the acts of 2001 and 2003, the dollar amount is decreased by $39,100 for fiscal year 2002-03 to decrease funding for the purpose for which the appropriation is made.

SB1, s. 9209 Section 9209. Appropriation changes; commerce.

SB1,6,16 (1) Wisconsin development fund appropriation lapse and decrease. During the 2002-03 fiscal year, the department of commerce shall take actions to ensure that an amount determined under this subsection is lapsed from the appropriation under section 20.143 (1) (ie) of the statutes. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of commerce under section 20.143 (1) (c) of the statutes, as affected by the acts of 2001 and 2003, the dollar amount is decreased for fiscal year 2002-03 by an amount determined under this subsection. The secretary of commerce shall determine the amount of the lapse and the decrease required under this subsection. The total of the lapse and the decrease shall be $7,000,000.

SB1, s. 9210 Section 9210. Appropriation changes; corrections.

SB1,6,21 (1) Inmate health care. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of corrections under section 20.410 (1) (a) of the statutes, as affected by the acts of 2001 and 2003, the dollar amount is increased by $7,269,800 for fiscal year 2002-03 to increase funding for inmate health care.

SB1,7,2 (2) Contracts and agreements. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of corrections under section 20.410 (1) (ab) of the statutes, as affected by the acts of 2001 and 2003, the dollar amount is increased by $9,247,800 for fiscal year 2002-03 to increase funding for the purposes for which the appropriation is made.

SB1, s. 9211 Section 9211. Appropriation changes; court of appeals.

SB1,7,8 (1) Appellate proceedings. In the schedule under section 20.005 (3) of the statutes for the appropriation to the court of appeals under section 20.660 (1) (a) of the statutes, as affected by the acts of 2001 and 2003, the dollar amount is decreased by $383,000 for fiscal year 2002-03 to reduce spending for the purpose for which the appropriation is made.

SB1, s. 9214 Section 9214. Appropriation changes; elections board.

SB1,7,14 (1) General program operations. In the schedule under section 20.005 (3) of the statutes for the appropriation to the elections board under section 20.510 (1) (a) of the statutes, as affected by the acts of 2001 and 2003, the dollar amount is decreased by $47,800 for fiscal year 2002-03 to decrease funding for the purpose for which the appropriation is made.

SB1, s. 9216 Section 9216. Appropriation changes; employee trust funds.