AB135: Bill Text

LRB-0528/1

RAC/JK/PJD:wlj:rs

2005 - 2006 LEGISLATURE

2005 Assembly BILL 135

February 24, 2005 - Introduced by Representative Musser. Referred to Committee on State Affairs.

AB135,1,3 An Act to amend 13.0992 (2) (c) and (6); and to create 13.0992 of the statutes; relating to: preparation of tribal impact statements for bills that would have an impact on tribal governments or American Indians.

Analysis by the Legislative Reference Bureau

The bill requires the preparation of tribal impact statements for bills that apply specifically to tribal governments or American Indians or that affect tribal governments or American Indians differently from other governments or entities or other individuals. The requirements of the bill are designed to parallel the current requirements contained in the Wisconsin statutes and the joint rules of the legislature for the preparation of statements describing the fiscal impact of legislation.

The bill requires the Legislative Reference Bureau to identify bills needing a tribal impact statement and authorizes either house of the legislature to request such a statement. In addition, any cochairperson of the Special Committee on State-Tribal Relations may request a tribal impact statement. If a Wisconsin Tribal-State Council is created, as may be proposed in separate legislation, the bill permits a cochairperson or the executive director of the council to request a tribal impact statement. The bill directs the Department of Administration to assign the preparation of a tribal impact statement to the appropriate agency or agencies. The bill establishes a deadline for the preparation of the statement and requirements for its distribution. Finally, the bill provides that a standing committee may not hold a public hearing or take executive action on or report a bill for which a tribal impact statement is required before receipt of the statement or until the deadline for the preparation of the tribal impact statement has expired, whichever is earlier.

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:

AB135, s. 1 Section 1. 13.0992 of the statutes is created to read:

AB135,2,2 13.0992 Tribal impact statements. (1) In this section:

AB135,2,7 (a) "Agency," except in par. (d), means an office, department, agency, institution of higher education, association, society, or other body in state government, created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority.

AB135,2,8 (b) "Authority" means a body created under ch. 231, 232, 233, 234, 235, or 237.

AB135,2,10 (c) "Have an impact on tribal governments or American Indians," when referring to a bill, means to do any of the following:

AB135,2,11 1. Apply directly and specifically to tribal governments or American Indians.

AB135,2,13 2. Affect a tribal government differently from other governments or other entities.

AB135,2,14 3. Affect individual American Indians differently from other individuals.

AB135,2,17 (d) "Tribal government" means the government of a federally recognized American Indian tribe or band in this state or any unit, agency, subdivision, or corporation of that government.

AB135,3,2 (2) (a) Whenever a bill is introduced in either house of the legislature that would have an impact on tribal governments or American Indians, the legislative reference bureau shall promptly transmit a copy of the bill to the department of administration.

AB135,3,9 (b) Either house of the legislature may, under rules of that house or joint rules of the legislature, request the department of administration to order the preparation of a tribal impact statement with respect to any bill before that house, either in its original form or as affected by one or more amendments. If a house so requests, the chief clerk of that house shall thereupon request the legislative reference bureau to transmit a copy of that bill and any affected amendments to the department of administration.

AB135,3,18 (c) The chairperson or either cochairperson of the special committee on state-tribal relations may request the department of administration to order the preparation of a tribal impact statement with respect to any bill that has an impact on tribal governments or American Indians and that has not been transmitted to the department of administration under par. (a) or (b). In making a request under this paragraph, the chairperson or cochairperson shall request the legislative reference bureau to transmit a copy of the bill and any affected amendments to the department of administration and shall notify the chief clerk of the house in which the bill is currently pending.

AB135,3,22 (3) Upon receipt of a bill under sub. (2), the department of administration shall direct one or more agencies or authorities to prepare a tribal impact statement with respect to the bill. Each tribal impact statement shall describe the impact on tribal governments or American Indians that would result from enactment of the bill.

AB135,4,6 (4) Each agency or authority that is directed to prepare a tribal impact statement under sub. (3) shall provide the statement to the department of administration within 5 working days after the date on which it receives the direction, but the department of administration, on a limited basis only and upon an agency's request received before the end of the 5-day period and applicable to only one tribal impact statement, may extend the period for the specified tribal impact statement to not more than 10 working days if the statement necessitates extended research. Whenever the extension is granted, the department of administration shall immediately notify the legislative reference bureau.

AB135,4,11 (5) Upon receiving a tribal impact statement under sub. (4), the department of administration shall transmit it to the legislative reference bureau, which shall transmit one copy to the principal author of the bill and one copy to the chief clerk of the house of the legislature in which the bill originated. The tribal impact statement shall be reproduced and distributed as are amendments.

AB135,4,17 (6) Whenever a tribal impact statement is required under sub. (2) (a) for a bill, the legislative reference bureau shall include a notation to that effect on the jacket of the bill when the jacket is prepared. If the preparation of a tribal impact statement is requested by a house of the legislature or the chairperson or cochairperson of the special committee on state-tribal relations, the chief clerk of that house shall include a notation to that effect on the jacket of the bill.

AB135,4,23 (7) Whenever a tribal impact statement for a bill is required or requested under this section, a standing committee to which the bill is referred may not hold a public hearing or take executive action on the bill or report the bill until the statement is received by the chief clerk of the house in which the bill originated or until the deadline for preparation of the tribal impact statement under sub. (4), including any extension that is granted, expires, whichever is earlier.

AB135, s. 2 Section 2. 13.0992 (2) (c) and (6) of the statutes, as created by 2005 Wisconsin Act .... (this act), are amended to read:

AB135,5,10 13.0992 (2) (c) The chairperson or either cochairperson of the special committee on state-tribal relations or of the Wisconsin tribal-state council or the executive director of the Wisconsin tribal-state council may request the department of administration to order the preparation of a tribal impact statement with respect to any bill that has an impact on tribal governments or American Indians and that has not been transmitted to the department of administration under par. (a) or (b). In making a request under this paragraph, the chairperson or , cochairperson, or executive director shall request the legislative reference bureau to transmit a copy of the bill and any affected amendments to the department of administration and shall notify the chief clerk of the house in which the bill is currently pending.

AB135,5,17 (6) Whenever a tribal impact statement is required under sub. (2) (a) for a bill, the legislative reference bureau shall include a notation to that effect on the jacket of the bill when the jacket is prepared. If the preparation of a tribal impact statement is requested by a house of the legislature or the chairperson or cochairperson of the special committee on state-tribal relations or of the Wisconsin tribal-state council or the executive director of the Wisconsin tribal-state council, the chief clerk of that house shall include a notation to that effect on the jacket of the bill.

AB135, s. 3 Section 3. Nonstatutory provisions.

AB135,5,23 (1) Reconciliation provision. The amendment of section 13.0992 (2) (c) and (6) of the statutes, as created by this act, is void unless 2005 Wisconsin Act .... (Senate Bill/Assembly Bill ....) (LRB-0527/1) creates a Wisconsin tribal-state council and authorizes the council to appoint an executive director and that act is enacted into law before August 1, 2006.

AB135, s. 4 Section 4. Effective date.

AB135,6,1 (1) This act takes effect on January 1, 2007.

AB135,6,2 (End)