2001 - 2002 LEGISLATURE
ASSEMBLY AMENDMENT 115,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2001 SENATE BILL 55
June 29, 2001 - Offered by Representatives Krug, Sherman, Colon, Coggs, Lassa,
Balow, Plouff, Ryba, Bock, Boyle, Pocan, Hebl, Richards, Berceau and
Miller.
SB55-ASA1-AA115,1,74
13.093
(1) All bills introduced in either house of the legislature
for the
5appropriation of that appropriate money,
providing that provide for revenue
, or
6relating that relate to taxation
or that require a correctional fiscal estimate under
7sub. (3) shall be referred to the joint committee on finance before being passed.
SB55-ASA1-AA115,2,1310
13.093
(3) (a) All bills introduced in either house of the legislature that create
11a criminal offense for which a sentence to a state prison or a disposition of placement
12in a juvenile correctional facility may be imposed, that increase the period of
1imprisonment in a state prison or placement in a juvenile correctional facility for an
2existing criminal offense, that require a person to be sentenced to imprisonment in
3a state prison or a juvenile to be placed in a juvenile correctional facility, or that
4otherwise affect a penalty provision that increases the statewide probation, parole,
5extended supervision, or juvenile corrections population shall incorporate a
6correctional fiscal estimate before any vote is taken thereon by either house of the
7legislature, if the bill is not referred to a standing committee, before any public
8hearing is held before a standing committee or, if no public hearing is held, before any
9vote is taken by the standing committee. The correctional fiscal estimate shall
10estimate the anticipated state fiscal liability for correctional capital and operational
11costs under the bill including a projection of such costs for the fiscal year in which
12the bill becomes effective and the 9 succeeding fiscal years. Correctional fiscal
13estimates shall be prepared as follows:
SB55-ASA1-AA115,3,214
1. Upon receiving a copy of a bill under par. (c), the department of
15administration shall determine which departments or agencies are responsible for
16preparing the correctional fiscal estimate. The departments or agencies responsible
17for preparing the correctional fiscal estimate shall submit to the legislative fiscal
18bureau projections of the impact on statewide probationer, prisoner, parolee,
19extended supervision, and juvenile corrections populations; an estimate of the fiscal
20impact of such population changes on state expenditures; and a statement of the
21methodologies and assumptions used in making the population projections and
22estimates of fiscal impact. In preparing this information, a department or agency
23may request information from other departments or agencies. If a specific estimate
24cannot be determined, the departments or agencies shall provide an estimated cost
25range. The departments or agencies shall submit this information to the legislative
1fiscal bureau within 5 working days after the departments or agencies receive a copy
2of the bill.
SB55-ASA1-AA115,3,93
2. The legislative fiscal bureau shall review the information received from the
4departments or agencies under subd. 1. The legislative fiscal bureau shall consult
5with the departments or agencies from which information was received under subd.
61., and the departments or agencies shall provide information as requested by the
7legislative fiscal bureau as necessary to complete the review. Such review shall be
8completed within 5 working days from the date the legislative fiscal bureau receives
9the information under subd. 1.
SB55-ASA1-AA115,3,1610
3. The departments or agencies preparing information under subd. 1. shall
11prepare a correctional fiscal estimate and submit it to the legislative reference
12bureau and the legislative fiscal bureau within 3 working days after the date the
13legislative fiscal bureau's review period under subd. 2. ends. If a department or
14agency cannot make a specific estimate, the department or agency shall establish
15assumptions, including population estimates, that allow a projection to be made and
16provide an estimated cost range.
SB55-ASA1-AA115,3,1917
4. The legislative fiscal bureau shall prepare a statement of its review of the
18correctional fiscal estimate and submit it to the legislative reference bureau within
192 working days after receiving the correctional fiscal estimate.
SB55-ASA1-AA115,3,2220
(b) The legislature shall reproduce and distribute correctional fiscal estimates
21under par. (a) 3. and statements under par. (a) 4. in the same manner as it reproduces
22and distributes amendments.
SB55-ASA1-AA115,4,323
(c) The legislative reference bureau shall determine whether a bill draft
24requires a correctional fiscal estimate. A bill draft that requires a correctional fiscal
25estimate under this subsection shall have that requirement noted on its jacket when
1the jacket is prepared. When a bill that requires a correctional fiscal estimate under
2this subsection is introduced, the legislative reference bureau shall submit a copy of
3the bill to the legislative fiscal bureau and the department of administration.
SB55-ASA1-AA115,4,16
4(4) (a) In any bill that requires a correctional fiscal estimate under sub. (3), the
5joint committee on finance, before recommending the bill for passage, shall
6recommend adoption of an amendment to increase the appropriation under s. 20.855
7(4) (em) in an amount equal to the amount of corrections capital and operational costs
8for the fiscal year in which those costs are estimated to be the highest multiplied by
92. This paragraph does not apply if the joint committee on finance determines that
10the bill does not increase state liability for corrections capital and operational costs
11or that the bill already contains a provision that increases the appropriation under
12s. 20.855 (4) (em) in an amount equal to the amount of corrections capital and
13operational costs for the fiscal year in which those costs are estimated to be the
14highest multiplied by 2. If the joint committee on finance determines that this
15paragraph does not apply, the committee's recommendation shall be accompanied by
16a statement to that effect.
SB55-ASA1-AA115,4,2217
(b) Neither house of the legislature may vote on a bill that requires a
18correctional fiscal estimate under sub. (3) unless it has adopted an amendment to
19increase the appropriation under s. 20.855 (4) (em) as recommended by the joint
20committee on finance under par. (a). This provision does not apply to a bill for which
21the joint committee on finance has prepared a statement under par. (a) that the
22requirement under that paragraph does not apply to the bill.
SB55-ASA1-AA115,5,323
(c) Neither house of the legislature may vote on an amendment to the executive
24budget bill or bills introduced under s. 16.47 if the amendment meets the criteria of
25a bill that requires a correctional fiscal estimate under sub. (3) unless the only
1provisions in the amendment that cause the amendment to meet the criteria are
2identical to the provisions of a bill introduced in the same legislative session for
3which the requirements under sub. (3) and par. (a) have been met.".
SB55-ASA1-AA115,5,1310
20.410
(1) (e)
Principal repayment and interest. A sum sufficient to reimburse
11s. 20.866 (1) (u) for the payment of principal and interest costs
that are incurred in
12financing the acquisition, construction, development, enlargement
, or improvement
13of correctional facilities
and that are not reimbursed under par. (qd).".
SB55-ASA1-AA115,6,93
20.410
(1) (qd)
Principal repayment, interest, and rebates. From the corrections
4special reserve fund, the amounts in the schedule to reimburse s. 20.866 (1) (u) for
5the payment of principal and interest costs incurred in financing the acquisition,
6construction, development, enlargement, or improvement of adult correctional
7facilities and to make full payment of the amounts determined by the building
8commission under s. 13.488 (1) (m) that are attributable to the proceeds of
9obligations incurred in financing such facilities.
SB55-ASA1-AA115,6,1311
20.410
(1) (qg)
General operations costs. From the corrections special reserve
12fund, the amounts in the schedule for the operation of institutions and to provide
13field services and administrative services.
SB55-ASA1-AA115,6,2015
20.410
(1) (qr)
Operating costs for community corrections. From the corrections
16special reserve fund, the amounts in the schedule to provide services related to
17probation, extended supervision, and parole; the intensive sanctions program under
18s. 301.048; the community residential confinement program under s. 301.046;
19programs of intensive supervision of adult offenders; and minimum security
20correctional institutions established under s. 301.13.".
SB55-ASA1-AA115,7,323
20.410
(3) (e)
Principal repayment and interest. A sum sufficient to reimburse
24s. 20.866 (1) (u) for the payment of principal and interest costs
that are incurred in
1financing the acquisition, construction, development, enlargement
, or improvement
2of the department's juvenile correctional facilities
and that are not reimbursed under
3par. (qg).".
SB55-ASA1-AA115,7,106
20.410
(3) (qg)
Principal repayment and interest costs. From the corrections
7special reserve fund, the amounts in the schedule to reimburse s. 20.866 (1) (u) for
8the payment of principal and interest costs incurred in financing the acquisition,
9construction, development, enlargement, or improvement of juvenile correctional
10facilities.
SB55-ASA1-AA115,7,1412
20.410
(3) (qr)
General operations costs. From the corrections special reserve
13fund, the amounts in the schedule to operate the department's juvenile correctional
14institutions and to provide field services and administrative services.
SB55-ASA1-AA115,7,2116
20.435
(3) (q)
Child abuse prevention. From the corrections special reserve
17fund, a sum sufficient equal to the net earnings on the moneys in the corrections
18special reserve fund, as determined under s. 25.14 (3), less any amounts assessed
19against the fund under s. 25.187 (2), for the purpose of funding child abuse
20prevention efforts. Moneys appropriated under this appropriation may not be used
21to supplant or divert other sources of funding for child abuse prevention efforts.".
SB55-ASA1-AA115,8,2
120.855
(4) (em)
Corrections special reserve fund contribution. The amounts in
2the schedule for transfer to the corrections special reserve fund under s. 25.71.".
SB55-ASA1-AA115,8,4
311. Page 414, line 7: delete that line and substitute "(eq)
, and (er), 20.395 (6)
4(af), (aq)
, and (ar), 20.410 (1) (e), (ec)
and, (ko)
, and (qd) and (3) (e)
and (qg),".
SB55-ASA1-AA115,8,77
25.17
(1) (bm) Corrections special reserve fund (s. 25.71);".
SB55-ASA1-AA115,8,13
1025.71 Corrections special reserve fund.
(1) There is established a
11corrections special reserve fund, consisting of moneys appropriated by the
12legislature from the general fund under s. 20.855 (4) (em) and earnings from this
13money. Moneys in the fund may only be used for the following purposes:
SB55-ASA1-AA115,8,1514
(a) Debt payments for the department of corrections under s. 20.410 (1) (qd) and
15(3) (qg).
SB55-ASA1-AA115,8,1616
(b) Operation costs for the department of corrections.
SB55-ASA1-AA115,8,1717
(c) Community corrections programs.
SB55-ASA1-AA115,8,1918
(d) Funding for child abuse prevention programs administered by the
19department of health and family services.
SB55-ASA1-AA115,9,3
20(2) All moneys in the fund, other than earnings on the moneys, shall first be
21used for the payment of principal and interest costs incurred in financing the
22acquisition, construction, development, enlargement, or improvement of
23correctional facilities and to make full payment of the amounts determined by the
24building commission under s. 13.488 (1) (m) that are attributable to the proceeds of
1obligations incurred in financing such facilities. After all such costs have been paid,
2the moneys may be used for operating costs of the department of corrections and
3community corrections programs.
SB55-ASA1-AA115,9,6
4(3) All net earnings on the money in the fund, as determined under s. 25.14 (3),
5less any amounts assessed against the fund under s. 25.187 (2), shall be used for the
6purpose of funding child abuse prevention efforts under s. 20.435 (3) (q).".
