JR2 AB1: Bill Text

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.

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.