LRBs0142/1
ALL:ALL:ALL
2001 - 2002 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2001 SENATE BILL 55
June 18, 2001 - Offered by Joint committee on Finance.
SB55-SSA1,1,2
1An Act relating to: state finances and appropriations, constituting the
2executive budget act of the 2001 legislature.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB55-SSA1,1,5
41.10 (title)
State song, state ballad, state waltz, state dance, and state
5symbols.
SB55-SSA1,2,87
1.10
(1m) The Wisconsin state ballad is "Oh Wisconsin, Land of My Dreams,"
8music written by Shari A. Sarazin and lyrics written by Erma Barrett, the words to
9which are as follows: "Oh Wisconsin, land of beauty, with your hillsides and your
10plains, with your jackpine and your birch tree, and your oak of mighty frame. Land
11of rivers, lakes and valleys, land of warmth and winter snows, land of birds and
12beasts and humanity, oh Wisconsin, I love you so. Oh Wisconsin, land of my dreams.
1Oh Wisconsin, you're all I'll ever need. A little heaven here on earth could you be?
2Oh Wisconsin, land of my dreams. In the summer, golden grain fields; in the winter,
3drift of white snow; in the springtime, robins singing; in the autumn, flaming colors
4show. Oh I wonder who could wander, or who could want to drift for long, away from
5all your beauty, all your sunshine, all your sweet song? Oh Wisconsin, land of my
6dreams. Oh Wisconsin, you're all I'll ever need. A little heaven here on earth could
7you be? Oh Wisconsin, land of my dreams. And when it's time, let my spirit run free
8in Wisconsin, land of my dreams."
SB55-SSA1,2,1910
1.10
(1r) The Wisconsin state waltz is "The Wisconsin Waltz," music and lyrics
11written by Eddie Hansen, the words to which are as follows: "Music from heaven
12throughout the years; the beautiful Wisconsin Waltz. Favorite song of the pioneers;
13the beautiful Wisconsin Waltz. Song of my heart on that last final day, when it is time
14to lay me away. One thing I ask is to let them play the beautiful Wisconsin Waltz.
15My sweetheart, my complete heart, it's for you when we dance together; the beautiful
16Wisconsin Waltz. I remember that September, before love turned into an ember, we
17danced to the Wisconsin Waltz. Summer ended, we intended that our lives then
18would both be blended, but somehow our planning got lost. Memory now sings a
19dream song, a faded love theme song; the beautiful Wisconsin Waltz."
SB55-SSA1,2,2421
1.10
(4) The Wisconsin Blue Book shall include the information contained in
22this section concerning the state song,
ballad, waltz, dance, beverage, tree, grain,
23flower, bird, fish, animal, domestic animal, wildlife animal, dog, insect, fossil,
24mineral, rock
, and soil.
SB55-SSA1, s. 1x
25Section 1x. 5.02 (1) of the statutes is renumbered 5.02 (1c).
SB55-SSA1,3,32
7.33
(1) (c) "State agency" has the meaning given under s. 20.001 (1) and
3includes an authority created under ch. 231, 232, 233
or
, 234
, or 237.
SB55-SSA1,3,95
9.10
(2) (b) A
recall petition
for requesting the recall of a city, village, town or
6school district
office officer shall contain a statement of
a reason for the recall which
7is related to the official responsibilities of the official for whom removal is sought 8each cause for the recall and the specific allegations that constitute each cause. In
9this paragraph, "cause" means neglect of duty or official misconduct.
SB55-SSA1,4,211
9.10
(2) (d) No petition may be offered for filing for the recall of an officer unless
12the petitioner first files a registration statement under s. 11.05 (1) or (2) with the
13filing officer with whom the petition is filed. The petitioner shall append to the
14registration a statement indicating his or her intent to circulate a recall petition, the
15name of the officer for whom recall is sought and, in the case of a petition for the recall
16of a city, village, town or school district officer, a statement of
a reason for the recall
17which is related to the official responsibilities of the official for whom removal is
18sought each cause, as defined in par. (b), for the recall and the specific allegations
19that constitute each cause. No petitioner may circulate a petition for the recall of an
20officer prior to completing registration. The last date that a petition for the recall of
21a state, congressional, legislative, judicial or county officer may be offered for filing
22is 5 p.m. on the 60th day commencing after registration. The last date that a petition
23for the recall of a city, village, town or school district officer may be offered for filing
24is 5 p.m. on the 30th day commencing after registration. After the recall petition has
25been offered for filing, no name may be added or removed. No signature may be
1counted unless the date of the signature is within the period provided in this
2paragraph.
SB55-SSA1,5,204
9.10
(4) (a)
Immediately after a petition for the recall of a city, village, town,
5or school district officer is offered for filing, the municipal clerk, board of election
6commissioners, or school district clerk shall notify the officer against whom the
7petition is filed. Within 10 days after
a
the petition
for the recall of a city, village,
8town or school district official, is offered for filing, the officer against whom the
9petition is filed may file a written challenge with the municipal clerk or board of
10election commissioners or school district clerk
with whom it is filed, specifying any
11alleged insufficiency. If a challenge is filed, the petitioner may file a written rebuttal
12to the challenge with the clerk or board of election commissioners within 5 days after
13the challenge is filed. If a rebuttal is filed, the officer against whom the petition is
14filed may file a reply to any new matter raised in the rebuttal within 2 days after the
15rebuttal is filed. Within 14 days after the expiration of the time allowed for filing a
16reply to a rebuttal, the clerk or board of election commissioners shall file the
17certificate or an amended certificate. Within 31 days after the petition is offered for
18filing, the clerk or board of election commissioners shall determine by careful
19examination of the face of the petition whether the petition is sufficient and shall so
20state in a certificate attached to the petition. If the petition is found to be insufficient,
21the certificate shall state the particulars creating the insufficiency. The petition may
22be amended to correct any insufficiency within 5 days following the affixing of the
23original certificate. Within 2 days after the offering of the amended petition for filing,
24the clerk or board of election commissioners shall again carefully examine the face
25of the petition to determine sufficiency and shall attach to the petition a certificate
1stating the findings. Immediately upon finding an original or amended petition
2sufficient,
except in cities over 500,000 population, the municipal clerk
or, school
3district clerk
, or board of election commissioners shall
notify, in writing, the officer
4against whom the petition is filed. Within 3 days following receipt of the notification,
5the officer shall inform the municipal clerk, school district clerk, or board of election
6commissioners, in writing, as to whether the officer contests the petition. If the
7officer fails to inform the municipal clerk, school district clerk, or board of election
8commissioners within 3 days following receipt of the notification, or if the officer does
9not contest the petition, the municipal clerk, school district clerk, or board of election
10commissioners shall issue a certificate declaring that an election will be held under
11this section. If the certificate is issued by the municipal clerk, the municipal clerk
12shall immediately transmit the petition and certificate to the governing body of the
13municipality. If the certificate is issued by the school district clerk, the school district
14clerk shall immediately transmit the petition and certificate to the school board. If
15the officer contests the petition, the municipal clerk, school district clerk, or board
16of election commissioners shall transmit the petition to the
governing body or to the
17school board. Immediately upon finding an original or amended petition sufficient,
18in cities over 500,000 population, the board of election commissioners shall file the
19petition in its office circuit court for the county in which the office of the clerk or board
20of election commissioners is located.
SB55-SSA1, s. 94p
21Section 94p. 9.10 (4) (b) and (c) of the statutes are created to read:
SB55-SSA1,6,1422
9.10
(4) (b) Within 10 days after receipt of a petition under par. (a), the circuit
23court shall determine, after hearing, whether the allegations in the petition are true
24and, if true, whether the allegations constitute cause, as defined in sub. (2) (b), for
25the recall. The clerk of court shall notify the officer for whom the recall is sought of
1the hearing date. The officer and the person who offers the petition for filing may
2appear by counsel and the court may take testimony with respect to the petition. If
3the circuit court determines that the allegations in the petition are true and
4constitute cause, as defined in sub. (2) (b), for the recall, the court shall issue a
5certificate directing that an election be held under this section. If the petition
6concerns a city, village, or town office, the court shall transmit the petition and
7certificate to the governing body of the city, village, or town, except that in cities over
8500,000 population the court shall transmit the petition and certificate to the board
9of election commissioners. If the petition concerns a school district office, the court
10shall transmit the petition and certificate to the school board. Upon receiving a
11petition and certificate, the governing body, board of election commissioners, or
12school board shall file the petition and certificate in its office. If the court determines
13that the allegations in the petition are not true or do not constitute cause, as defined
14in sub. (2) (b), for the recall, the court may not issue the certificate.
SB55-SSA1,6,2215
(c) Any party aggrieved by a circuit court determination under par. (b) may
16appeal to the court of appeals within the time period specified in s. 808.04 (2). An
17appeal under this paragraph shall be given precedence over other matters not
18accorded similar precedence by law. The appeal shall stay the holding of a recall
19primary and election under a certificate issued by the circuit court under par. (b)
20until the court of appeals determines the validity of the certificate, but other acts
21required to be undertaken to prepare for the primary and election shall proceed
22during the pendency of the appeal.
SB55-SSA1,7,424
9.10
(4) (d) The governing body, school board or board of election
25commissioners
, upon receiving
the
a certificate
from the circuit court under par. (b)
1or upon receiving or issuing a certificate under par. (a), shall call an election
to be held 2on the Tuesday of the 6th week commencing after the date of the certificate. If
3Tuesday is a legal holiday, the recall election shall be held on the first day after
4Tuesday which is not a legal holiday.
SB55-SSA1,7,206
13.101
(4) The committee may transfer between appropriations and programs
7if the committee finds that unnecessary duplication of functions can be eliminated,
8more efficient and effective methods for performing programs will result or
9legislative intent will be more effectively carried out because of such transfer, if
10legislative intent will not be changed as the result of such transfer and the purposes
11for which the transfer is requested have been authorized or directed by the
12legislature
, or to implement s. 16.847 (8) (b) 3. The authority to transfer between
13appropriations includes the authority to transfer between 2 fiscal years of the same
14biennium, between 2 appropriations of the same agency and between an
15appropriation of one agency and an appropriation of a different agency. No transfer
16between appropriations or programs may be made to offset deficiencies arising from
17the lack of adequate expenditure controls by a department, board, institution,
18commission or agency. The authority to transfer between appropriations shall not
19include the authority to transfer from sum sufficient appropriations as defined under
20s. 20.001 (3) (d) to other types of appropriations.
SB55-SSA1, s. 99
21Section
99. 13.101 (6) (a) of the statutes is amended to read:
SB55-SSA1,8,1522
13.101
(6) (a) As an emergency measure necessitated by decreased state
23revenues and to prevent the necessity for a state tax on general property, the
24committee may reduce any appropriation made to any board, commission,
25department,
or the University of Wisconsin System
, or to any other state agency or
1activity
, by such amount as it deems feasible, not exceeding 25% of the
2appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (cg),
and 3(cr)
and (q), 20.395 (1), (2) (cq),
(eq) to (ex) (fq) to (fx), and (gq) to (gx), (3), (4) (aq) to
4(ax)
, and (6) (aq) and (ar), 20.435 (6) (a) and (7) (da)
, and 20.445 (3) (a) and (dz) or for
5forestry purposes under s. 20.370 (1), or any other moneys distributed to any county,
6city, village, town
, or school district. Appropriations of receipts and of a sum
7sufficient shall for the purposes of this section be regarded as equivalent to the
8amounts expended under such appropriations in the prior fiscal year which ended
9June 30. All functions of said state agencies shall be continued in an efficient
10manner, but because of the uncertainties of the existing situation no public funds
11should be expended or obligations incurred unless there shall be adequate revenues
12to meet the expenditures therefor. For such reason the committee may make
13reductions of such appropriations as in its judgment will secure sound financial
14operations of the administration for said state agencies and at the same time
15interfere least with their services and activities.
SB55-SSA1,8,2017
13.101
(14) With the concurrence of the joint committee on information policy
18and technology, direct the department of
administration electronic government to
19report to the committee concerning any specific information technology system
20project in accordance with s. 13.58 (5) (b) 4.
SB55-SSA1,8,2422
13.101
(16) Annually, on June 15, beginning in 2004, the committee shall
23transfer from the permanent endowment fund to the general fund an amount equal
24to the amount calculated by the investment board under s. 25.17 (16).
SB55-SSA1, s. 102
25Section
102. 13.123 (1) (a) 1. of the statutes is amended to read:
SB55-SSA1,9,19
113.123
(1) (a) 1. Any member of the legislature who has signified, by affidavit
2filed with the department of administration, the necessity of establishing a
3temporary residence at the state capital for the period of any regular or special
4legislative session shall be entitled to an allowance for expenses incurred for food and
5lodging for each day that he or she is in Madison on legislative business, but not
6including any Saturday or Sunday unless the legislator is in actual attendance on
7such day at a session of the legislature or a meeting of a standing committee of which
8the legislator is a member. The amount of the allowance
for each biennial session 9shall be
established under s. 20.916 (8) 90% of the per diem rate for travel for federal
10government business within the city of Madison, as established by the federal
11general services administration. For the purpose of determining the amount of the
12allowance, the secretary of employment relations shall certify to the chief clerk of
13each house the federal per diem rate in effect on December 1, or the first business day
14thereafter if December 1 is not a business day, in each even-numbered year. Each
15legislator shall file an affidavit with the chief clerk of his or her house certifying the
16specific dollar amount within the authorized allowance the member wishes to
17receive. Such affidavit, when filed, shall remain in effect for the biennial session
,
18except that a new affidavit may be filed for any month following an adjustment in
19the amount of the authorized allowance under s. 20.916 (8).
SB55-SSA1,9,22
2113.40 Limitation on state appropriations from general purpose
22revenue. (1) In this section:
SB55-SSA1,9,2423
(a) "Fiscal biennium" means a 2-year period beginning on July 1 of an
24odd-numbered year.
SB55-SSA1,10,2
1(b) "General purpose revenue" has the meaning given for "general purpose
2revenues" in s. 20.001 (2) (a).
SB55-SSA1,10,6
3(2) Except as provided in sub. (3), the amount appropriated from general
4purpose revenue for each fiscal biennium, excluding any amount under an
5appropriation specified in sub. (3) (a) to (h), as determined under sub. (4), may not
6exceed the sum of:
SB55-SSA1,10,137
(a) The amount appropriated from general purpose revenue, excluding any
8amount under an appropriation specified in sub. (3), for the 2nd fiscal year of the
9prior fiscal biennium as determined under sub. (4), multiplied by the sum of 1.0 and
10the annual percentage change in this state's aggregate personal income, expressed
11as a decimal, for the calendar year that begins on the January 1 which immediately
12precedes the first year of the fiscal biennium, as estimated by the department of
13revenue no later than December 5 of each even-numbered year.
SB55-SSA1,10,1814
(b) The amount determined under par. (a) multiplied by the sum of 1.0 and the
15annual percentage change in this state's aggregate personal income, expressed as a
16decimal, for the calendar year that begins on the January 1 which immediately
17precedes the 2nd year of the fiscal biennium, as estimated by the department of
18revenue no later than December 5 of each even-numbered year.
SB55-SSA1,10,19
19(3) The limitation under sub. (2) does not apply to any of the following:
SB55-SSA1,10,2120
(a) An appropriation for principal repayment and interest payments on public
21debt, as defined in s. 18.01 (4), or operating notes, as defined in s. 18.71 (4).
SB55-SSA1,10,2522
(b) An appropriation to honor a moral obligation undertaken pursuant to ss.
2318.61 (5), 85.25 (5), 101.143 (9m) (i), 229.50 (7), 229.74 (7), 229.830 (7), 234.15 (4),
24234.42 (4), 234.54 (4) (b), 234.626 (7), 234.93 (6), 234.932 (6), 234.933 (6), and 281.59
25(13m).
SB55-SSA1,11,2
1(c) An appropriation to make a payment to the United States that the building
2commission determines to be payable under s. 13.488 (1) (m).
SB55-SSA1,11,43
(d) An appropriation contained in a bill that is enacted with approval of at least
4two-thirds of the members of each house of the legislature.
SB55-SSA1,11,65
(e) An appropriation for legal expenses and the costs of judgments, orders, and
6settlements of actions and appeals incurred by the state.
SB55-SSA1,11,77
(f) An appropriation to make a payment for tax relief under s. 20.835 (2).
SB55-SSA1,11,98
(g) An appropriation to make a transfer from the general fund to the budget
9stabilization fund under s. 20.875 (1) (a).
SB55-SSA1,11,1110
(h) An appropriation to make a transfer from the general fund to the tax relief
11fund under s. 20.876 (1) (a).
SB55-SSA1,11,17
12(4) For purposes of sub. (2), the department of administration shall determine
13the amount appropriated from general purpose revenue for any fiscal biennium to
14which sub. (2) applies. The department of administration shall make this
15determination no later than December 31 of each even-numbered year and shall
16include a statement of the determination in the biennial state budget report
17prepared under s. 16.46.
SB55-SSA1,12,1119
13.48
(7) Biennial recommendations. The building commission shall prepare
20and formally adopt recommendations for the long-range state building program on
21a biennial basis.
The building commission shall not recommend any project for
22enumeration in the authorized state building program unless the commission adopts
23and provides with its recommendation a statement of the amount of the anticipated
24annual operating costs or the amount of any increased annual operating costs, plus
25the amount of any anticipated annual debt service costs, generated by the project in
1the first full year following completion, and the amount of such costs to be funded
2from each revenue source under s. 20.001 (2). The building commission shall include
3in its report any projects proposed by the state fair park board involving a cost of not
4more than $250,000, together with the method of financing those projects proposed
5by the board, without recommendation. Unless a later date is requested by the
6building commission and approved by the joint committee on finance, the building
7commission shall, no later than the first Tuesday in April of each odd-numbered
8year, transmit the report prepared by the department of administration under s.
916.40 (20) and the commission's recommendations for the succeeding fiscal biennium
10that require legislative approval to the joint committee on finance in the form of
11proposed legislation prepared in proper form.
SB55-SSA1, s. 105
12Section
105. 13.48 (10) (b) 3m. of the statutes is created to read:
SB55-SSA1,12,1413
13.48
(10) (b) 3m. Rehabilitation projects of the Fox River Navigational System
14Authority.
SB55-SSA1,12,1716
13.48
(12) (b) 2. A facility constructed by or for the state fair park board
, if the
17cost of constructing the facility does not exceed the amount specified in sub. (3).