JR2 AB1: Bill Text

This bill expands training requirements for initial licensure or licensure renewal as emergency medical technicians or initial certification or certification renewal as first responders to require that, as of January 1, 2003, applicants satisfactorily complete training for response to acts of terrorism.

Beginning in 2004, JCF annually must transfer to the tobacco control fund from the permanent endowment fund the lesser of $25,000,000 or 8.5% of the market value of the investments in the permanent endowment fund. Beginning in 2004, this bill annually transfers from the general fund to the tobacco control fund an amount equal to $25,000,000 less the amount transferred to the tobacco control fund by JCF from the permanent endowment fund in that year.

Under current law, DHFS provides financial assistance for the treatment of kidney disease, cystic fibrosis, and hemophilia. This bill permits DHFS to provide this financial assistance only if the person has first applied for assistance under all other state-funded health care assistance programs for which the person may be eligible.

Current law requires that the financial assistance for the treatment of kidney disease be equal to the allowable charges for that treatment under the federal medicare program. This bill eliminates that requirement. The bill also provides that if the amounts appropriated for this financial assistance are insufficient to assist all eligible persons, DHFS may establish waiting lists and may assign priorities to persons on those waiting lists.

Medical assistance

This bill requires the secretary of health and family services to create a prescription drug prior authorization committee to advise DHFS on issues related to prior authorization decisions concerning prescription drugs for medical assistance recipients.

Mental illness and developmental disabilities

This bill appropriates moneys from the utility public benefits fund for paying a portion of the energy costs of DHFS in fiscal year 2002-03. The bill also prohibits DHFS from spending a portion of its general purpose revenue funding for energy costs in fiscal year 2002-03 without the approval of the secretary of administration.

Other health and human services

Under current law, DHFS may confine a person who has been found to be sexually violent in an institution, after which the person may petition the court to order his or her supervised release. If the person is a serious child sex offender, the court, when deciding whether he or she should be placed on supervised release, may consider what arrangements are available to ensure that the person has access to and will participate in antiandrogen treatment or other necessary treatment, although the court may not base a decision to release a sexually violent person who is a child sex offender on the person's suitability or willingness to undergo the treatment. If the court finds that the person is appropriate for supervised release, DHFS and the social services department of the county in which the person will reside must prepare a plan -- which the court must approve -- that identifies the person's needs for treatment and services, including antiandrogen treatment. This bill eliminates the antiandrogen treatment program.

local government

Under current law, shared revenue (which includes payments under the shared revenue program, the public utility distribution program, the county mandate relief program, the expenditure restraint program, and the small municipality shared revenue program) is paid from the general fund. This bill reduces the total amount of shared revenue payments in 2002 and 2003 and eliminates shared revenue beginning in 2004.

Under the bill, in 2002 and 2003, DOR determines the shared revenue payments to be paid to each municipality and county in that year. DOR then reduces those payments by subtracting an amount based on the municipality's or county's population, so that the total amount of the reduction to all the payments in each year is $350,000,000.

Under the bill, in 2002 and 2003, a portion of the payments under the shared revenue programs will be paid from moneys in the permanent endowment fund, which consists of all the proceeds from the sale of the state's right to receive payments under the Attorneys General Master Tobacco Settlement Agreement of November 23, 1998, and all investment earnings on the proceeds. In 2002, the amount from the permanent endowment fund to make payments under the shared revenue programs is $580,000,000 less any amount expended from the permanent endowment fund for purposes relating to the contracting of public debt during the 2001-02 fiscal year. In 2003, the amount from the permanent endowment fund to make the payments is the amount, determined by DOA, that is not designated for other purposes. In addition, the bill appropriates moneys from the permanent endowment fund, in an amount determined by DOA, for purposes relating to the contracting of public debt.

Under current law, with some exceptions, no county may impose an operating levy (the county purpose levy less the debt levy) at an operating levy rate (the total levy rate less the debt levy rate) that exceeds .001 or the operating levy rate in 1992, whichever is greater. A county may exceed the limit if its board adopts a resolution to do so and the resolution is approved by the electors of the county in a referendum. The limit may also be exceeded if a county increases the services that it provides by adding responsibility for providing a service transferred to the county by another governmental unit. If a county exceeds the limit, DOR must reduce the county's shared revenue payment and may ask DOT to reduce the county's general transportation aid payments.

Under this bill, generally no city, village, town, or county (political subdivision) whose total levy rate is at least one mill may annually increase its operating levy by a percentage that exceeds the sum of the rate of increase of inflation and population growth in the political subdivision. A political subdivision may exceed this limit if its governing body adopts a resolution to do so and the resolution is approved by the electors of the political subdivision in a referendum. The limit does not apply to any increase in a political subdivision's operating levy that results from complying with a court order, and may be adjusted to account for a transfer of responsibility to provide a service between units of government.

In addition, the limit on the increase in the levy under the bill does not apply in any county in which the operating levy that the county may impose under current law is less than the operating levy that the county may impose under the levy rate limit imposed by the bill.

This bill authorizes a political subdivision to request a waiver from a state mandate (a requirement for a political subdivision to engage in an activity or provide a service, or to increase the level of its activities or services), other than a state mandate in the area of health or safety.

The appropriate agency, or DOR, determines whether to grant the request and notifies the political subdivision and DOR in writing. A waiver is effective for four years and may be extended.

State government

State building program

Currently, if the building commission sells a state-owned building or structure, the commission must first use the net proceeds of the sale to retire any public debt incurred to finance construction or acquisition of the building or structure. Any remaining net proceeds are appropriated to JCF for use as determined by JCF.

This bill provides that if, before to July 1, 2003, the building commission sells any or all of the state office buildings located at 123 West Washington Avenue (Lorraine Building), 121 East Wilson Street (Lake Terrace Building), or 149 East Wilson Street in the city of Madison the commission must deposit the net proceeds of the sale, after retiring any outstanding debt incurred in constructing or acquiring the buildings, into the general fund.

The bill also provides that if, during the period beginning on July 1, 2001, and ending on the day before the effective date of this bill, the building commission sold one of these state office buildings and any portion of the proceeds of that sale was appropriated to JCF, then on that effective date an amount equivalent to the lesser of the amount appropriated or the unencumbered balance in that appropriation is transferred to the general fund.

Currently, as work proceeds on a state building project, the state makes payments to the contractors, but the state retains 10% of the value of the work to be performed until 50% of the value of the work is completed. Under this bill, the state retains not more than 5% of the value of the work to be performed.

State employment

This bill requires the secretary of administration to determine the number of positions in each state agency not funded as a result of any reduction in state agency operations appropriations under 2001 Wisconsin Act 16 for the 2001-03 fiscal biennium or any reduction in the appropriations under this bill and to notify JCF of the determination. If the cochairpersons of JCF do not notify the secretary within 14 working days that the committee has scheduled a meeting to review the determination, the secretary must reduce each state agency's authorized positions for the 2002-03 fiscal year by the number of unfunded positions for that state agency. If, within 14 working days, the chairpersons of JCF notify the secretary that JCF has scheduled a meeting to review the determination, the secretary may make the reductions in the authorized positions only upon approval of JCF.

State finance

Under current law, if the secretary of administration determines that previously authorized expenditures will exceed revenues in the current or forthcoming fiscal year by more than 0.5% of the estimated general purpose revenue appropriations for that fiscal year, the secretary must immediately notify the governor, the presiding officers of each house of the legislature, and JCF. The governor must then submit a bill to correct the imbalance between projected revenues and authorized expenditures. If the legislature is not in a floorperiod at the time of the secretary's notification, the governor must call a special session of the legislature and submit the bill for consideration at that session.

This bill revises the process by which the secretary and the governor may correct budgetary imbalances. Under the bill, in each even-numbered year, the LFB must prepare an estimate of general purpose revenue receipts and expenditures for the current fiscal biennium. In addition, at any time during a fiscal biennium, DOA and DOR may prepare an estimate of general purpose revenue receipts and expenditures for the current fiscal biennium.

If the LFB estimate or the DOA and DOR estimate concludes that previously authorized general purpose revenue expenditures will exceed general purpose revenue receipts by an amount greater than 2% of the previously authorized general purpose revenue appropriations for that fiscal year, the governor must declare a fiscal emergency no later than 15 days after the date on which LFB or DOA and DOR makes the determination. If the legislature is in a floorperiod on the date on which the governor declares a fiscal emergency, the governor, no later than 15 days after the date on which the governor declared a fiscal emergency, must submit a bill to the legislature to correct the imbalance. If the legislature has not passed a bill to correct the imbalance before the close of the last regular floorperiod of the legislative session, the secretary may, to correct the imbalance, reduce any sum certain appropriation or any expenditure estimate previously approved by the secretary during the fiscal biennium or lapse or transfer moneys to the general fund from program revenue or segregated revenue appropriations.

However, if the legislature is not in a floorperiod on the date on which the governor declares a fiscal emergency, the governor is not required to submit a bill to the legislature and the secretary may, to correct the imbalance, reduce any sum certain appropriation or any expenditure estimate that was previously approved by the secretary during the fiscal biennium or lapse or transfer moneys to the general fund from program revenue or segregated revenue appropriations.

Under the bill, the secretary may not lapse or transfer money to the general fund from any of the following: an appropriation that is funded from federal revenues; an appropriation for principal repayment and interest payments on public debt or operating notes; an appropriation to DOT for the purpose of undertaking construction projects; an appropriation for the operation of any state institution established for the care or custody of individuals; an appropriation funded from gifts, grants, or bequests; an appropriation containing moneys whose lapse or transfer would violate a condition imposed by the federal government on the expenditure of the moneys; or an appropriation containing moneys whose lapse or transfer would violate the federal or state constitution.

Finally, the bill provides that if the secretary reduces a sum certain appropriation or an expenditure estimate, or lapses or transfers money to the general fund 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 unit, the secretary must ensure that each local governmental unit receives the same percentage reduction in money paid from that appropriation.

This bill requires the board of commissioners of public lands to establish the Federal Match Star Program, under which the board may make loans from the common school fund, the normal school fund, the university fund, and the agricultural college fund to any municipality eligible to receive a state trust fund loan. The moneys must be used to provide matching funds for any federal grant that is awarded to a municipality following a competitive application process and that requires matching funds. The bill provides that the total amount of outstanding loans may not exceed $50,000,000.

Under current law a fiscal estimate must be prepared for any bill making an appropriation and any bill increasing or decreasing existing appropriations or state or general local government fiscal liability or revenues. This bill requires that an estimate of the economic impact on a private person or a political subdivision of this state must also be prepared.

Other state government

Under current law, whenever an agency proposes an administrative rule that may have an effect on small businesses, the agency must consider methods of reducing that effect, including the establishment of less stringent requirements for small businesses. The agency must also allow small businesses to participate in rule making and must notify the secretary of commerce and the small business ombudsman clearinghouse if the agency proposes a rule that will affect small businesses. If the agency determines that the proposed rule may have a significant economic impact on a substantial number of small businesses, the agency must include a regulatory flexibility analysis at the time the agency submits its final draft of the proposed rule to the legislature.

This bill requires DOA to prepare an economic impact assessment of any proposed rule prepared by an agency that may have an economic impact on a private person, such as a business or corporation, or on a political subdivision of the state, such as a city or county. The assessment must evaluate the costs and benefits of complying with the proposed rule and the potential impact of the proposed rule on the decisions of the private person or political subdivision of the state. The agency must submit the economic impact assessment to the legislative council staff with the proposed rule, and to the legislature when the proposed rule is in final form, with a report explaining any changes that were made in the proposed rule as a result of the economic impact assessment.

Current law requires each county to appoint a local emergency planning committee to facilitate the preparation and implementation of an emergency response plan for responding to the release of a hazardous substance. The division of emergency management in DOA awards grants to local emergency planning committees for maintaining, exercising, reviewing, and implementing emergency response plans related to the release of a hazardous substance and purchasing necessary equipment and supplies.

This bill authorizes the office of justice assistance to award grants to local emergency planning committees for purchasing materials and providing services related to investigating, preventing, and responding to acts of terrorism. The grant program sunsets on June 30, 2003.

This bill permits the governor to designate one of his or her employees as a domestic security coordinator to coordinate the state's security and public safety needs. The bill also permits the secretary of administration to transfer any vacant unclassified position in the executive branch of state government to the office of the governor to fill the domestic security coordinator position. The bill does not transfer funding for the transferred position.

This bill creates a special committee, called the commission on local government, consisting of members appointed by the governor, to examine the organization, authority, and efficiency of local governments; the services provided by each type of local government; the services required of local governments by the state; the relationship of local governments with the state; spending by local governments; and ways to deliver local governmental services more efficiently. The commission must report its findings and recommendations to the governor and the legislature by February 1, 2003. Upon submittal of its report, the commission ceases to exist.

Under current law, DOA provides grants and loans to persons and families of low and moderate income to defray housing costs and awards grants to community-based organizations and other housing organizations to pay operating costs and salaries and other personnel expenses so that the organizations are better able to provide housing services to these persons. This bill changes the source of funding for these grants and loans from the general fund to WHEDA's authority surplus fund.

Currently, DOA awards grants to the Wisconsin Patient Safety Institute, Inc., for collection, analysis, and dissemination of information about patient safety and training of health care providers and their employees directed toward improving patient safety. This bill eliminates these grants.

Taxation

This bill adopts, for income tax and franchise tax purposes, the changes to the federal Internal Revenue Code made by Public Laws 106-200; 106-230; 106-519; 106-554; 106-573; 107-15; 107-16, excluding the section related to a deduction for higher education expenses; and 107-22.

transportation

This bill transfers $4,333,600 in fiscal year 2001-02 and $6,190,900 in fiscal year 2002-03 from the transportation fund to the general fund.

Veterans and military affairs

Under current law, DMA administers the Youth Challenge Program, which is a residential program that enables disadvantaged youth to obtain a high school equivalency diploma. This bill eliminates the Youth Challenge Program effective July 1, 2002.

This bill appropriates moneys from the utility public benefits fund for paying a portion of the energy costs of DMA in fiscal year 2002-03. The bill also prohibits DMA from spending a portion of its general purpose revenue funding for energy costs in fiscal year 2002-03 without the approval of the secretary of administration.

This bill will be referred to the joint survey committee on tax exemptions for a detailed analysis, which will be printed as an appendix to this bill.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1, s. 1 Section 1. 6.18 of the statutes is amended to read:

AB1,25,7 6.18 Former residents. If ineligible to qualify as an elector in the state to which the elector has moved, any former qualified Wisconsin elector may vote an absentee ballot in the ward of the elector's prior residence in any presidential election occurring within 24 months after leaving Wisconsin by requesting an application form and returning it, properly executed, to the municipal clerk of the elector's prior Wisconsin residence. When requesting an application form for an absentee ballot, the applicant shall specify the applicant's eligibility for only the presidential ballot. The application form shall require the following information and be in substantially the following form:

AB1,25,11 This blank shall be returned to the municipal clerk's office. Application must be received in sufficient time for ballots to be mailed and returned prior to any presidential election at which applicant wishes to vote. Complete all statements in full.

AB1,25,12 APPLICATION FOR PRESIDENTIAL

AB1,25,13 ELECTOR'S ABSENT BALLOT.

AB1,25,14 (To be voted at the Presidential Election

AB1,25,15 on November ...., .... (year)

AB1,25,24 I, .... hereby swear or affirm that I am a citizen of the United States, formerly residing at .... in the .... ward .... aldermanic district (city, town, village) of ...., County of .... for 10 days prior to leaving the State of Wisconsin. I, .... do solemnly swear or affirm that I do not qualify to register or vote under the laws of the State of ....(State you now reside in) where I am presently residing. A citizen must be a resident of: State ....(Insert time) County ....(Insert time) City, Town or Village ....(Insert time), in order to be eligible to register or vote therein. I further swear or affirm that my legal residence was established in the State of ....(the State where you now reside) on .... Month .... Day .... Year.

AB1,25,25 Signed ....

AB1,26,1 Address ....(Present address)

AB1,26,2 ....(City) ....(State)

AB1,26,3 Subscribed and sworn to before me this .... day of .... .... (year)

AB1,26,4 ....(Notary Public, or other officer authorized to administer oaths.)

AB1,26,5 ....(County)

AB1,26,6 My Commission expires

AB1,26,7 MAIL BALLOT TO:

AB1,26,8 NAME ....

AB1,26,9 ADDRESS ....

AB1,26,10 CITY .... STATE .... ZIP CODE ....

AB1,26,15 Penalties for Violations. Whoever swears falsely to any absent elector affidavit under this section may be fined not more than $1,000 or imprisoned for not more than 6 months, or both. Whoever intentionally votes more than once in an election may be fined not more than $10,000 or imprisoned for not more than 3 years, and 6 months or both.

AB1,26,16 ....(Municipal Clerk)

AB1,26,17 ....(Municipality)

AB1, s. 2 Section 2. 11.61 (1) (a) of the statutes is amended to read:

AB1,26,22 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or 11.24 (1) may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both is guilty of a Class I felony.

AB1, s. 3 Section 3. 11.61 (1) (b) of the statutes is amended to read:

AB1,27,3 11.61 (1) (b) Whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1) or 11.38 where is guilty of a Class I felony if the intentional violation does not involve a specific figure, or where if the intentional violation concerns a figure which exceeds $100 in amount or value may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both.

AB1, s. 4 Section 4. 12.60 (1) (a) of the statutes is amended to read:

AB1,27,7 12.60 (1) (a) Whoever violates s. 12.09, 12.11 or 12.13 (1), (2) (b) 1. to 7. or (3) (a), (e), (f), (j), (k), (L), (m), (y) or (z) may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both is guilty of a Class I felony.

AB1, s. 5 Section 5. 13.05 of the statutes is amended to read:

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.