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1999 - 2000 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1999 ASSEMBLY BILL 133
AN ACT relating to: state finances and appropriations, constituting the executive budget act of the 1999 legislature.
Analysis by the Legislative Reference Bureau
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1b. 1.13 of the statutes is created to read:
1.13 Land use planning activities. (1) In this section:
(a) "Local governmental unit" has the meaning given in s. 1.12 (1) (a).
(b) "State agency" has the meaning given in s. 1.12 (1) (b).
(2) Each state agency, where applicable and consistent with other laws, is encouraged to design its programs, policies, infrastructure and investments of the agency to reflect a balance between the mission of the agency and the following local, comprehensive planning goals:
(a) Promotion of the redevelopment of lands with existing infrastructure and public services and the maintenance and rehabilitation of existing residential, commercial and industrial structures.
(b) Encouragement of neighborhood designs that support a range of transportation choices.
(c) Protection of natural areas, including wetlands, wildlife habitats, lakes, woodlands, open spaces and groundwater resources.
(d) Protection of economically productive areas, including farmland and forests.
(e) Encouragement of land uses, densities and regulations that promote efficient development patterns and relatively low municipal, state governmental and utility costs.
(f) Preservation of cultural, historic and archaeological sites.
(g) Encouragement of coordination and cooperation among nearby units of government.
(h) Building of community identity by revitalizing main streets and enforcing design standards.
(i) Providing an adequate supply of affordable housing for individuals of all income levels throughout each community.
(j) Providing adequate infrastructure and public services and an adequate supply of developable land to meet existing and future market demand for residential, commercial and industrial uses.
(k) Promoting the expansion or stabilization of the current economic base and the creation of a range of employment opportunities at the state, regional and local levels.
(L) Balancing individual property rights with community interests and goals.
(m) Planning and development of land uses that create or preserve varied and unique urban and rural communities.
(n) Providing an integrated, efficient and economical transportation system that affords mobility, convenience and safety and that meets the needs of all citizens, including transit-dependent and disabled citizens.
(3) Each state agency shall ensure that, consistently with other laws, whenever it administers a law under which a local governmental unit prepares a plan, the actions of the local governmental unit under the plan are designed to further the goals specified in sub. (2), to the extent practical.
SECTION 1c. 6.92 (intro.) of the statutes is renumbered 6.92 and amended to read:
6.92 Inspector making challenge. Each inspector shall challenge for cause any person offering to vote whom the inspector knows or suspects is not a qualified elector. If a person is challenged as unqualified by an inspector, one of the inspectors shall administer the following oath or affirmation to the person: "You do solemnly swear (or affirm) that you will fully and truly answer all questions put to you regarding your place of residence and qualifications as an elector of this election"; and shall then ask those of the following questions which are appropriate as determined by the board, by rule, to test the person's qualifications:.
SECTION 1g. 6.92 (1) to (6) of the statutes are repealed.
SECTION 1h. 6.925 (intro.) of the statutes is renumbered 6.925 and amended to read:
6.925 Elector making challenge in person. Any elector may challenge for cause any person offering to vote whom the elector knows or suspects is not a qualified elector. If a person is challenged as unqualified by an elector, one of the inspectors may administer the oath or affirmation to the challenged elector under s. 6.92 and ask the challenged elector the questions under that section which are appropriate to test the elector's qualifications. In addition, one of the inspectors shall administer the following oath or affirmation to the challenging elector: "You do solemnly swear (or affirm) that you will fully and truly answer all questions put to you regarding the challenged person's place of residence and qualifications as an elector of this election"; and shall then ask those of the following questions which are appropriate as determined by the board, by rule, to test the qualifications of the challenged elector:.
SECTION 1j. 6.925 (1) to (6) of the statutes are repealed.
SECTION 1js. 13.093 (1) of the statutes is amended to read:
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.
SECTION 1jt. 13.093 (2) (c) of the statutes is repealed.
SECTION 1ju. 13.093 (3) and (4) of the statutes are created to read:
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 or extended supervision 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:
1. The departments or agencies required to prepare the correctional 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.
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.
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.
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.
(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.
(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.
(4) 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 are identical to the provisions of an introduced bill for which the requirements under sub. (3) have been met.
SECTION 1k. 13.101 (4a) of the statutes is repealed.
SECTION 1m. 13.101 (4b) of the statutes is repealed.
SECTION 1p. 13.101 (4g) of the statutes is repealed.
SECTION 1r. 13.101 (4i) of the statutes is created to read:
13.101 (4i) (a) The department of natural resources and the department of agriculture, trade and consumer protection shall present to the committee a schedule for transferring funds from the appropriation account under s. 20.370 (6) (aa) to the appropriation account under s. 20.115 (7) (c) or from the appropriation account under s. 20.370 (6) (aq) to the appropriation account under s. 20.115 (7) (qd), or both, for the purpose of providing funding under s. 92.14 (3) (a).
(b) The committee may transfer funds as provided in the schedule under par. (a). If the committee transfers funds from the appropriation account under s. 20.370 (6) (aa) to the appropriation account under s. 20.115 (7) (c) in a fiscal year, the amounts in the schedule under s. 20.005 for the appropriation under s. 20.370 (6) (aa) for that fiscal year are decreased by the amount of the transfer. If the committee transfers funds from the appropriation account under s. 20.370 (6) (aq) to the appropriation account under s. 20.115 (7) (qd) in a fiscal year, the amounts in the schedule under s. 20.005 for the appropriation under s. 20.370 (6) (aq) for that fiscal year are decreased by the amount of the transfer and the amounts in the schedule under s. 20.005 for the appropriation under s. 20.115 (7) (qd) for that fiscal year are increased by the amount of the transfer.
SECTION 1t. 13.101 (11) of the statutes is amended to read:
13.101 (11) The committee may approve a clean water fund program interest rate change as specified under s. 281.58 (12) (f), an urban storm water loan program interest rate change as specified in s. 281.595 (11) (b) or a safe drinking water loan program interest rate change as specified under s. 281.61 (11) (b).
SECTION 1v. 13.101 (15) of the statutes is created to read:
13.101 (15) Notwithstanding sub. (3) (a), if the department of administration requests the joint committee on finance to supplement the appropriation under s. 20.505 (1) (ku) from the appropriation under s. 20.865 (4) (g), the committee may supplement the appropriation by not more than $500,000 in any fiscal year to provide a grant to one or more eligible counties if the committee finds that the proposed grantee or grantees are eligible to receive a grant under s. 16.18. Notwithstanding sub. (3) (a), no finding of emergency is required for the committee to act in accordance with this subsection.
SECTION 2r. 13.48 (7) of the statutes is amended to read:
13.48 (7) BIENNIAL RECOMMENDATIONS. The building commission shall prepare and formally adopt recommendations for the long-range state building program on a biennial basis. Unless a later date is requested by the building commission and approved by the joint committee on finance, the building commission shall, no later than the first Tuesday in April of each odd-numbered year, transmit its the report prepared by the department of administration under s. 16.40 (20) and the commission's recommendations for the succeeding fiscal biennium that require legislative approval to the joint committee on finance in the form of proposed legislation prepared in proper form.
SECTION 2t. 13.48 (15) of the statutes is amended to read:
13.48 (15) ACQUISITION OF LEASEHOLD INTERESTS. The Subject to the requirements of s. 20.924 (1) (im) and (j), the building commission shall have the authority to acquire leasehold interests in land and buildings where such authority is not otherwise provided to an agency by law.
SECTION 3d. 13.48 (19) of the statutes is amended to read:
13.48 (19) ALTERNATIVES TO STATE CONSTRUCTION. Whenever the building commission determines that the use of innovative types of design and construction processes will make better use of the resources and technology available in the building industry, the building commission may waive any or all of s. 16.855 if such action is in the best interest of the state and if the waiver is accomplished through formal action of the building commission. The Subject to the requirements of s. 20.924 (1) (j), the building commission may authorize the lease, lease purchase or acquisition of such facilities constructed in the manner authorized by the building commission. The building commission may also authorize the lease, lease purchase or acquisition of existing facilities in lieu of state construction of any project enumerated in the authorized state building program.
SECTION 3g. 13.48 (25t) of the statutes is created to read: