JR2 AB1: Bill Text

AB1,27,20 13.05 Logrolling prohibited. Any member of the legislature who gives, offers or promises to give his or her vote or influence in favor of or against any measure or proposition pending or proposed to be introduced, in the legislature in consideration or upon condition that any other person elected to the same legislature will give or will promise or agree to give his or her vote or influence in favor of or against any other measure or proposition pending or proposed to be introduced in such legislature, or who gives, offers or promises to give his or her vote or influence for or against any measure on condition that any other member will give his or her vote or influence in favor of any change in any other bill pending or proposed to be introduced in the legislature may be fined not less than $500 nor more than $1,000 or imprisoned for not less than one year nor more than 4 years and 6 months or both, is guilty of a Class I felony.

AB1, s. 6 Section 6. 13.06 of the statutes is amended to read:

AB1,28,8 13.06 Executive favor. Any member of the legislature who gives, offers or promises to give his or her vote or influence in favor of or against any measure or proposition pending or proposed to be introduced in the legislature, or that has already been passed by either house of the legislature, in consideration of or on condition that the governor approve, disapprove, veto or sign, or agree to approve, disapprove, veto or sign, any other measure or proposition pending or proposed to be introduced in the legislature or that has already been passed by the legislature, or either house thereof, or in consideration or upon condition that the governor nominate for appointment or appoint or remove any person to or from any office or position under the laws of this state, may be fined not less than $500 nor more than $1,000 or imprisoned for not less than one year nor more than 3 years or both is guilty of a Class I felony.

AB1, s. 7 Section 7. 13.093 (2) (a) and (b) of the statutes are amended to read:

AB1,29,6 13.093 (2) (a) Any bill making an appropriation and any bill increasing or decreasing existing appropriations or state or general local government fiscal liability or revenues or having an economic impact on a private person or a political subdivision of this state shall, before any vote is taken thereon by either house of the legislature if the bill is not referred to a standing committee, or before any public hearing is held before any standing committee or, if no public hearing is held, before any vote is taken by the committee, incorporate a reliable estimate of the anticipated change in appropriation authority or state or general local government fiscal liability or revenues and a reliable estimate of the anticipated economic impact on a private person or a political subdivision of this state under the bill, including to the extent possible a projection of such changes in future biennia. For purposes of this paragraph, a bill increasing or decreasing the liability or revenues of the unemployment reserve fund is considered to increase or decrease state fiscal liability or revenues. Except as otherwise provided by joint rules of the legislature, such estimates shall be made by the department or agency administering the appropriation or fund or collecting the revenue or administering the law creating the economic impact. The joint survey committee on retirement systems shall prepare the fiscal estimate with respect to the provisions of any bill referred to it which create or modify any system for, or make any provision for, the retirement of or payment of pensions to public officers or employees. When a fiscal estimate or economic impact estimate is prepared after the bill has been introduced, it shall be printed and distributed as are amendments.

AB1,29,14 (b) Executive budget bills introduced under s. 16.47 (1) are exempt from the fiscal estimate requirement under par. (a) but shall, if they contain a provision affecting a public retirement fund or providing a tax exemption, be analyzed as to those provisions by the respective joint survey committee. If such a bill contains a provision providing a tax exemption, the bill shall be simultaneously referred to the joint survey committee on tax exemptions and the joint committee on finance. The report of the joint survey committee on tax exemptions shall be prepared within 60 days of introduction for bills introduced under s. 16.47 (1).

AB1, s. 8 Section 8. 13.525 of the statutes is created to read:

AB1,29,18 13.525 Joint review committee on criminal penalties. (1) Creation. There is created a joint review committee on criminal penalties composed of the following members:

AB1,29,21 (a) One majority party member and one minority party member from each house of the legislature, appointed as are the members of standing committees in their respective houses.

AB1,29,22 (b) The attorney general or his or her designee.

AB1,29,23 (c) The secretary of corrections or his or her designee.

AB1,29,24 (d) The state public defender or his or her designee.

AB1,30,3 (e) A reserve judge who resides in the 1st, 2nd, 3rd, 4th, or 5th judicial administrative district and a reserve judge who resides in the 6th, 7th, 8th, 9th, or 10th judicial administrative district, appointed by the supreme court.

AB1,30,6 (f) Two members of the public appointed by the governor, one of whom shall have law enforcement experience in this state and one of whom shall be an elected county official.

AB1,30,9 (2) Officers. The majority party senator and the majority party representative to the assembly shall be cochairpersons of the committee. The committee shall elect a secretary from among its nonlegislator members.

AB1,30,11 (3) Judicial and gubernatorial appointees. Members appointed under sub. (1) (e) or (f) shall serve at the pleasure of the authority appointing them.

AB1,30,14 (4) Eligibility. A member shall cease to be a member upon losing the status upon which the appointment is based. Membership on the committee shall not be incompatible with any other public office.

AB1,30,22 (5) Review of legislation relating to crimes. (a) If any bill that is introduced in either house of the legislature proposes to create a new crime or revise a penalty for an existing crime and the bill is referred to a standing committee of the house in which it is introduced, the chairperson may request the joint review committee to prepare a report on the bill under par. (b). If the bill is not referred to a standing committee, the speaker of the assembly, if the bill is introduced in the assembly, or the presiding officer of the senate, if the bill is introduced in the senate, may request the joint review committee to prepare a report on the bill under par. (b).

AB1,30,25 (b) If the joint review committee receives a request under par. (a) for a report on a bill that proposes to create a new crime or revise a penalty for an existing crime, the committee shall prepare a report concerning all of the following:

AB1,31,3 1. The costs that are likely to be incurred or saved by the department of corrections, the department of justice, the state public defender, the courts, district attorneys, and other state and local government agencies if the bill is enacted.

AB1,31,5 2. The consistency of penalties proposed in the bill with existing criminal penalties.

AB1,31,7 3. Alternative language needed, if any, to conform penalties proposed in the bill to penalties in existing criminal statutes.

AB1,31,9 4. Whether acts prohibited under the bill are prohibited under existing criminal statutes.

AB1,31,13 (c) The chief clerk shall print a report prepared by the committee under par. (b) as an appendix to the bill and attach it thereto as are amendments. The reproduction shall be in lieu of inclusion in the daily journal of the house in which the proposal is introduced.

AB1,31,19 (d) If a bill that is introduced in either house of the legislature proposes to create a new crime or revise a penalty for an existing crime, a standing committee to which the bill is referred may not vote on whether to recommend the bill for passage and the bill may not be passed by the house in which it is introduced before the joint review committee submits a report under par. (b) or before the 30th day after a report is requested under par. (a), whichever is earlier.

AB1,32,2 (5m) Recommendations regarding sentence modifications. (a) No later than the first day of the 6th month beginning after the effective date of this paragraph .... [revisor inserts date], the committee shall submit a report to the legislature, in the manner provided under s. 13.172 (2), and to the governor containing recommendations regarding standards and procedures to be used by a court to modify a bifurcated sentence. The report shall include any proposed legislation that is necessary to implement the recommendations made by the committee in its report.

AB1,32,7 (b) Any proposed legislation included in the report under par. (a) shall provide that a bifurcated sentence that a court previously imposed may be modified only by reducing the term of confinement in prison portion of the sentence and lengthening the term of extended supervision imposed so that the total length of the bifurcated sentence originally imposed does not change.

AB1,32,12 (6) Committee powers and procedures. The committee may hold hearings as needed to elicit information for making a report under sub. (5) (b) or (5m) (a) or for developing proposed legislation under sub. (5m) (a). The committee shall meet at the call of its cochairpersons. All actions of the committee require the approval of a majority of all of its members.

AB1, s. 9 Section 9. 13.525 (5m) of the statutes, as created by 2001 Wisconsin Act .... (this act), is repealed.

AB1, s. 10 Section 10. 13.69 (6m) of the statutes is amended to read:

AB1,32,20 13.69 (6m) Any principal, lobbyist or other individual acting on behalf of a principal who files a statement under s. 13.63 (1), 13.64, 13.65, 13.67 or 13.68 which he or she does not believe to be true may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1, s. 11 Section 11. 13.95 (1) (h) of the statutes is created to read:

AB1,33,2 13.95 (1) (h) In each even-numbered year, no later than January 31, prepare an estimate of general purpose revenue receipts and expenditures for the current fiscal biennium. The legislative fiscal bureau shall submit a copy of the estimate to the governor, the secretary of administration, the co-chairpersons of the joint committee on finance, and the presiding officer of each house of the legislature.

AB1, s. 12 Section 12. 14.21 of the statutes is created to read:

AB1,33,8 14.21 Domestic security. The governor may designate an employee of the office of the governor to serve as domestic security coordinator. The domestic security coordinator shall, upon direction of the governor, advise and assist in carrying out the functions of the governor with respect to coordination of the state's security and public safety needs.

AB1, s. 13 Section 13. 15.01 (2) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,33,21 15.01 (2) "Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the Wisconsin waterways commission which shall consist of 5 members, the parole commission which shall consist of 8 members, and the Fox River management commission which shall consist of 7 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a "commission", but is not a commission for purposes of s. 15.06. The parole commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06. The sentencing commission created under s. 15.105 (27) shall be known as a "commission" but is not a commission for purposes of s. 15.06 (1) to (4m), (7), and (9).

AB1, s. 14 Section 14. 15.105 (27) of the statutes is created to read:

AB1,33,25 15.105 (27) Sentencing commission. (a) Creation; membership. There is created a sentencing commission that is attached to the department of administration under s. 15.03 and that shall consist of the following members:

AB1,34,1 1. The attorney general or his or her designee.

AB1,34,2 2. The state public defender or his or her designee.

AB1,34,4 3. Seven members, at least 2 of whom are not employed by any unit of federal, state, or local government, appointed by the governor.

AB1,34,7 4. One majority party member and one minority party member from each house of the legislature, appointed as are the members of standing committees in their respective houses.

AB1,34,8 5. Two circuit judges, appointed by the supreme court.

AB1,34,10 6. One representative of crime victims and one district attorney, each appointed by the attorney general.

AB1,34,12 7. One attorney in private practice engaged primarily in the practice of criminal defense, appointed by the criminal law section of the State Bar of Wisconsin.

AB1,34,15 (b) Nonvoting members. The secretary of corrections or his or her designee, the chairperson of the parole commission or his or her designee, and the director of state courts or his or her designee shall be nonvoting members of the commission.

AB1,34,17 (c) Terms. 1. Except as provided in subd. 2., members appointed under par. (a) 3. and 5. to 7. shall serve 3-year terms and are eligible for reappointment.

AB1,34,20 2. The term of a circuit judge appointed under par. (a) 5. shall end when such person ceases to be a circuit judge. The term of a district attorney appointed under par. (a) 6. shall end when such person ceases to be a district attorney.

AB1,34,23 (d) Officers. The governor shall designate annually one of the members of the commission as chairperson. The commission may elect officers other than a chairperson from among its members as its work requires.

AB1,35,5 (e) Reimbursement and compensation. Members of the commission shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. An officer or employee of the state shall be reimbursed by the agency that pays the member's salary. Members who are full-time state officers or employees shall receive no compensation for their services. Other members shall be paid $25 per day, in addition to their actual and necessary expenses, for each day on which they are actually and necessarily engaged in the performance of their duties.

AB1,35,6 (f) Sunset. This subsection does not apply after December 31, 2007.

AB1, s. 15 Section 15. 16.33 (1) (a) of the statutes is amended to read:

AB1,35,11 16.33 (1) (a) Subject to sub. (2), make grants or loans, directly or through agents designated under s. 16.334, from the appropriation appropriations under s. 20.505 (7) (b) and (j) to persons or families of low or moderate income to defray housing costs of the person or family.

AB1, s. 16 Section 16. 16.40 (24) of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1, s. 17 Section 17. 16.40 (25) of the statutes is created to read:

AB1,35,20 16.40 (25) Payments from the permanent endowment fund relating to public debt. Annually, determine the amount to be paid from the permanent endowment fund into one or more sinking funds of the bond security and redemption fund under s. 18.09 (1) and any escrow accounts established under escrow agreements authorized by the secretary of administration that relate to the contracting of public debt.

AB1, s. 18 Section 18. 16.50 (5) of the statutes is amended to read:

AB1,36,7 16.50 (5) Disbursements. The secretary may not draw a warrant for payment of any expenditures incurred by any department nor may any department make any expenditure for which the approval of the secretary or the governor is necessary under this section, including any expenditure under s. 20.867, unless the expenditure was made in accordance with an estimate submitted to and approved by the secretary or by the governor. In the event that the secretary determines that previously authorized expenditures will exceed revenues in the current or forthcoming fiscal year by more than 0.5% 2.0% of the estimated general purpose revenue appropriations for that fiscal year, he or she may not decline to approve an estimate or to draw a warrant under this subsection, but shall instead proceed under sub. (7).

AB1, s. 19 Section 19. 16.50 (6m) of the statutes is created to read:

AB1,36,14 16.50 (6m) Estimates of expenditures and revenues. At any time during a fiscal biennium, the departments of administration and revenue may jointly prepare an estimate of general purpose revenue receipts and expenditures for that fiscal biennium. The departments of administration and revenue shall submit a copy of any estimate to the governor, the co-chairpersons of the joint committee on finance, and the presiding officer of each house of the legislature.

AB1, s. 20 Section 20. 16.50 (7) of the statutes, as affected by 2001 Wisconsin Act 16, is repealed and recreated to read:

AB1,36,24 16.50 (7) Revenue shortfall. (a) If the legislative fiscal bureau, under s. 13.95 (1) (h), or the departments of administration and revenue, under sub. (6m), determine that previously authorized general purpose revenue expenditures will exceed general purpose revenue receipts by an amount that is greater than 2% of the previously authorized general purpose revenue appropriations for that fiscal year, the governor shall declare a fiscal emergency no later than 15 days after the date on which the legislative fiscal bureau or the departments of administration and revenue makes the determination.

AB1,37,7 (b) If the legislature is in a floorperiod on the date on which the governor declares a fiscal emergency under par. (a), the governor, no later than 15 days after the date on which the governor declared a fiscal emergency, shall submit a bill to the legislature containing his or her recommendations for correcting the imbalance. If the legislature has not passed a bill to correct the imbalance before the close of the last regular floorperiod of the legislature, the secretary, subject to pars. (d) to (f), may do any of the following to correct the imbalance for that fiscal biennium:

AB1,37,10 1. Reduce any sum certain appropriation, any expenditure estimate previously approved under sub. (2), and any expenditure estimate for an appropriation under ss. 20.255 (2) (ac), (fm), and (fu) and 20.835 (1) (b), (c), (d), (e), and (f).

AB1,37,12 2. Lapse or transfer moneys to the general fund, whichever is appropriate, from program revenue or segregated revenue appropriations.

AB1,37,15 (c) If the legislature is not in a floorperiod on the date on which the governor declares a fiscal emergency under par. (a), the secretary, subject to pars. (d) to (f), may do any of the following to correct the imbalance for that fiscal biennium:

AB1,37,18 1. Reduce any sum certain appropriation, any expenditure estimate previously approved under sub. (2), and any expenditure estimate for an appropriation under ss. 20.255 (2) (ac), (fm), and (fu) and 20.835 (1) (b), (c), (d), (e), and (f).

AB1,37,20 2. Lapse or transfer moneys to the general fund, whichever is appropriate, from program revenue or segregated revenue appropriations.

AB1,37,23 (d) The secretary may not reduce any sum certain appropriation or any expenditure estimate under par. (b) 1. or (c) 1. if the reduction would violate the federal or state constitution.

AB1,37,25 (e) The secretary may not lapse or transfer money to the general fund under par. (b) 2. or (c) 2. from any of the following:

AB1,38,1 1. An appropriation that is funded from federal revenues.

AB1,38,3 2. An appropriation for principal repayment and interest payments on public debt, as defined in s. 18.01 (4), or operating notes, as defined in s. 18.71 (4).

AB1,38,5 3. An appropriation to the department of transportation for the purpose of undertaking construction projects.

AB1,38,7 4. An appropriation for the operation of any state institution established for the care or custody of individuals.

AB1,38,8 5. An appropriation funded from gifts, grants, or bequests.

AB1,38,10 6. An appropriation containing moneys whose lapse or transfer would violate a condition imposed by the federal government on the expenditure of the moneys.

AB1,38,12 7. An appropriation containing moneys whose lapse or transfer would violate the federal or state constitution.

AB1,38,16 (f) 1. In this paragraph, "local governmental unit" means a political subdivision of the state, a special purpose district of the state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing, or an instrumentality of the state and any of the foregoing.

AB1,38,23 2. If the secretary reduces a sum certain appropriation or an expenditure estimate under par. (b) 1. or (c) 1., or lapses or transfers money to the general fund under par. (b) 2. or (c) 2., from any appropriation that is made to provide money to more than one local governmental unit, with the result that less money is provided to the local governmental units, the secretary shall ensure that each local governmental unit receives the same percentage reduction in money paid from that appropriation.

AB1, s. 21 Section 21. 16.855 (19) of the statutes is amended to read:

AB1,39,17 16.855 (19) As the work progresses under any contract for construction the department, from time to time, shall grant to the contractor an estimate of the amount and proportionate value of the work done, which shall entitle the contractor to receive the amount thereof, less the retaining retainage, from the proper fund. On all construction projects, the The retainage shall be an amount equal to 10% not more than 5% of said estimate until 50% 100% of the work has been completed. At 50% completion, no additional amounts shall be retained, and partial payments shall be made in full to the contractor unless the architect or engineer certifies that the job is not proceeding satisfactorily. At 50% completion or any time thereafter when the progress of the work is not satisfactory, additional amounts may be retained but in no event shall the total retainage be more than 10% of the value of the work completed. Upon substantial completion of the work, an amount retained may be paid to the contractor. For the purposes of this section, estimates may include any fabricated or manufactured materials and components specified, previously paid for by contractor and delivered to the work or properly stored and suitable for incorporation in the work embraced in the contract. This subsection does not apply to contracts awarded under s. 16.858.

AB1, s. 22 Section 22. 16.964 (9) of the statutes is created to read:

AB1,39,19 16.964 (9) (a) In this subsection:

AB1,39,20 1. "Act of terrorism" has the meaning given in s. 146.50 (1) (ag).

AB1,39,22 2. "Local emergency planning committee" means a committee appointed under s. 59.54 (8) (a).

AB1,40,2 (b) From the appropriation under s. 20.505 (6) (e), the office shall provide grants to local emergency planning committees to purchase materials and services for use in investigating, preventing, or responding to acts of terrorism. Materials and services that may be purchased with funds provided under this subsection include any of the following:

AB1,40,3 1. Communications equipment.

AB1,40,6 2. Safety or protective equipment for law enforcement officers, fire fighters, emergency medical technicians, first responders, or local emergency response team members who respond to emergencies.