Paul, Richard Wisconsin Chapter of the American College of Emergency Physicians Inc
Paul, Richard Wisconsin Academy of Ophthalmology
Pawlisch, Curt Waterkeepers of Wisconsin
Peterson, Craig Perrier Group of America
Ruditys, Christopher Building Owners & Managers Association
Schreiber, Martin Forest County Potawatomi Community
Schreier, David Aventis Pharmaceuticals
Springer, Thomas J Wisconsin Academy of Ophthalmology
Strand, Lisa Wisconsin Library Association
Strohl, Joseph Dominion Asset Services LLC
Stuva, Robert Rehabilitation for Wisconsin Inc
Tries, John Perrier Group of America
White, Marcus Interfaith Conference of Greater Milwaukee
Zweck, Brad Wausau Insurance (a member of the Liberty Mutual group)
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Also available from the Wisconsin Ethics Board are reports identifying the amount and value of time state agencies have spent to affect legislative action and reports of expenditures for lobbying activities filed by organizations that employ lobbyists.
Sincerely,
Roth Judd
Director
__________________
Senator Robson, with unanimous consent, asked that the Senate recess until 2:19 P.M..
10:22 A.M.
__________________
2:19 P.M.
The Senate reconvened.
Senator Risser in the chair.
__________________
Senate Resolution 3
Relating to: commending and congratulating Ron Wolf for his service and thanking him for his contribution to the Green Bay Packers and the people of Wisconsin.
Read.
Adopted.
__________________
Senate Joint Resolution 15
Relating to: the life and public service of Coach Al McGuire.
Read.
Senator Rosenzweig, with unanimous consent, asked that Senate Joint Resolution 15 be laid on the table.
Senator Chvala, with unanimous consent, asked that Senate Joint Resolution 20 be withdrawn from the committee on Senate Organization and taken up at this time.
Senate Joint Resolution 20
Relating to: honoring the life and career of Coach Al McGuire by recognizing February 22, 2001, as Al McGuire Day.
Read.
Senators Lazich, Wirch and Darling, with unanimous consent, asked to be made coauthors of Senate Joint Resolution 20.
Adopted.
Senate Joint Resolution 18
Relating to: the life and public service of George A. Mayer.
Read.
Adopted by unanimous rising vote.
Senate Bill 1
Relating to: requiring pharmacies and pharmacists, as a condition of medical assistance participation, to charge elderly persons for prescription drugs no more than specific amounts; specifying requirements for rebate agreements between the department of health and family services and drug manufacturers; requiring the department of health and family services to seek a waiver to provide medical assistance eligibility to certain persons for purposes of a prescription drug benefit; requiring the exercise of rule-making authority; making appropriations; and providing penalties.
Read a second time.
The question was: Adoption of Senate amendment 1 to Senate substitute amendment 1 to Senate Bill 1?
Adopted.
The question was: Adoption of Senate substitute amendment 1 to Senate Bill 1?
Adopted.
Senate substitute amendment 2 to Senate Bill 1 offered by Senators Rosenzweig, Harsdorf, Panzer and Huelsman.
Senator Robson moved rejection of Senate substitute amendment 2 to Senate Bill 1.
The question was: Rejection of Senate substitute amendment 2 to Senate Bill 1?
The ayes and noes were demanded and the vote was: ayes, 20; noes, 13; absent or not voting, 0; as follows:
Ayes - Senators Baumgart, Breske, Burke, Chvala, Cowles, Decker, Ellis, Erpenbach, George, Grobschmidt, Hansen, Jauch, M. Meyer, Moen, Moore, Plache, Risser, Robson, Shibilski and Wirch - 20.
Noes - Senators Darling, Farrow, S. Fitzgerald, Harsdorf, Huelsman, A. Lasee, Lazich, Panzer, Roessler, Rosenzweig, Schultz, Welch and Zien - 13.
Absent or not voting - None.
Rejected.
Senator Panzer moved that Senate Bill 1 be referred to the joint committee on Finance.
The question was: Shall Senate Bill 1 be referred to the joint committee on Finance?
The ayes and noes were demanded and the vote was: ayes, 15; noes, 18; absent or not voting, 0; as follows:
Ayes - Senators Cowles, Darling, Ellis, Farrow, S. Fitzgerald, Harsdorf, Huelsman, A. Lasee, Lazich, Panzer, Roessler, Rosenzweig, Schultz, Welch and Zien - 15.
Noes - Senators Baumgart, Breske, Burke, Chvala, Decker, Erpenbach, George, Grobschmidt, Hansen, Jauch, M. Meyer, Moen, Moore, Plache, Risser, Robson, Shibilski and Wirch - 18.
Absent or not voting - None.
Refused to refer to joint committee on Finance.
Ordered to a third reading.
Senator Chvala, with unanimous consent, asked that the bill be considered for final action at this time.
Senate
Bill 1
POINT OF ORDER
Senator Welch raised the point of order that Point of order that the bill requires an Emergency Statement and is not properly before the Senate.
THE CHAIR RULES
SENATE BILL 1
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An Act to create 20.435 (4) (bv), 20.435 (4) (j), 20.435 (4) (jb), 20.435 (4) (jd), 49.477 and 49.688 of the statutes; relating to: requiring pharmacies and pharmacists, as a condition of medical assistance participation, to charge elderly persons for prescription drugs no more than specific amounts; specifying requirements for rebate agreements between the department of health and family services and drug manufacturers; requiring the department of health and family services to seek a waiver to provide medical assistance eligibility to certain persons for purposes of a prescription drug benefit; requiring the exercise of rule-making authority; making appropriations; and providing penalties. (FE)
Senate Bill 1 was referred to the Joint Committee on Finance on January 25, 2001. The Senate Co-Chair of the Joint Committee has attempted to schedule a meeting; however, the Assembly Co-Chair has refused to concur with a meeting schedule.
There are two issues involved prior to consideration of Senate Bill 1 by the full Senate:
1.
The first is the requirement for an "emergency statement" as required by ss.
16.47(2)
2.
The authority of the Senate Committee on Finance to report the proposal to the Senate when the proposal was referred to the Joint Committee on Finance by the Senate.
Section
16.47(2) of the statutes requires that prior to passage of the biennial budget bill, any proposal which impacts state finances by an amount exceeding $10,000 requires an emergency statement before either house of the legislature may take a vote on final passage of the proposal.
The fiscal impact information provided by the Legislative Fiscal Bureau indicates a cost of $16 Million in fiscal year 2001-02 and approximately $106 million in fiscal year 2002-03. Clearly, in accordance with ss 16.47(2), the bill requires an emergency statement.
A brief history of the "emergency statement" requirement is in order at this time. The concept was developed as the result of one of the first Legislative Council Study Committees on the Budgetary Procedure. The Legislative Council by its resolution establishing the subcommittee advised that the subcommittee "consider the feasibility of including all appropriations in a single bill". The report of the subcommittee stated: "Studies bring out an alarming trend of the large number of separately enacted appropriation bills, including the executive budget bill. The last three sessions show 84 bills in the 1943, 85 bills in 1945 and 110 bills in 1947." The subcommittee also stated: "It is often questionable whether or not all the members of the legislature have a clear picture of the financial condition of the state. Nor do they know whether or not the appropriation bills being acted upon fit into a sound pattern for the state's financial welfare."
The subcommittee reviewed a recommendation of a prior committee on the budget, chaired by the late Senator Melvin R. Laird Sr. That recommendation was to employee 5 budget assistants to advise the legislature on fiscal policy. Senator Laird was quoted as saying: "Budgetary systems are concerned with the coordination of public finances into financial plans. It is apparent that with technical assistance given, the budget can be evaluated and considered in a better legislative light."
The Legislative Council Subcommittee recommended the adoption of a proposal that would accomplish the goal of informing the members of the legislature on fiscal matters and provide for speedy and effective consideration of appropriation bills.
Assembly Bill 11 was introduced into the 1949 Legislative Session, relating to a state fiscal policy and appropriation procedures. The bill as originally introduced clearly restricted the legislature's ability to act on appropriation bills. One provision of the proposal read as follows: "No appropriation bill shall be passed by either house until the executive budget bill has passed both houses; except that the governor may recommend the enactment of an emergency executive budget bill which shall continue in effect only until the executive bill becomes effective or until the next succeeding July 1, whichever is later. There was additional language in the bill to provide for the Joint Committee on Finance to report and propose a Joint Resolution on the fiscal condition, and a requirement that appropriation bills provide a source of revenue, this last provision did not become law.
The proposal recommended by the Legislative Council was viewed by the media as; "suggestions which should make future budget requests considerably more honest". (State Journal "Under the Dome" by Sanford Goltz, date unknown)