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1. Provide the legislature with a report under sub. (5) concerning each bill that
25would impose a mandate.
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12. On a regular basis, review existing mandates and evaluate their desirability
2as a matter of public policy, cost-effectiveness, and financial responsibility.
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(b) The committee may make investigations and hold hearings.
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4(5) Report. (a) Upon the introduction in either house of the legislature of a bill
5that would impose a mandate, the bill shall at once be referred to the joint committee
6on state mandates by the presiding officer, unless the presiding officer determines
7that the mandate has a minimal fiscal effect on local governmental units. The bill
8may not be considered further by either house or any other committee until the
9earlier of 30 days after referral or the time at which the joint committee on state
10mandates submits a written report, to the chief clerk of the house in which the bill
11is introduced, doing all of the following:
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1. Describing the fiscal effect on state government and on local governmental
13units of the mandate contained in the bill.
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2. Identifying the objective of the mandate contained in the bill.
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3. Determining whether it is possible to achieve the objective without imposing
16a mandate.
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4. Determining whether the mandate contained in the bill is state-imposed or
18is addressing a requirement imposed by the federal government.
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5. Explaining the effect of the mandate contained in the bill on the revenues
20and expenditures of state government and local governmental units, including an
21explanation as to whether unrestricted or restricted state aid, grants, or tax benefits
22are currently being provided or potentially available under existing law to meet the
23costs of the mandate.
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6. Identifying whether the mandate contained in the bill has a recurring or
25nonrecurring impact.
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17. Identifying any method of reimbursement for any costs of the mandate
2contained in the bill or any method of waiver or appeal of the requirements contained
3in the mandate.
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8. Addressing whether it is appropriate to consider an expiration date for the
5mandate contained in the bill.
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9. Addressing the desirability of the mandate contained in the bill as a matter
7of public policy.
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10. Providing any other information that the committee considers to be
9appropriate.
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(b) If the committee's report concludes that the bill has a negative
11uncompensated fiscal effect on local governmental units, and that the mandate
12contained in the bill is wholly state-imposed, the committee shall prepare and
13introduce an amendment to the bill that increases the amount of the appropriation
14under s. 20.505 (1) (bm) or such other appropriation designated in the amendment
15and creates any other provisions required by s. 13.591 (2).
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(c) The report under par. (a) shall be reproduced as an appendix to the bill and
17attached to it as are amendments. The reproduction shall be in lieu of inclusion in
18the daily journal of the house in which the bill is introduced.
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19(6) Identification of mandates. (a) The legislative fiscal bureau shall identify
20all mandates, other than mandates that have a minimal fiscal effect, existing on the
21effective date of this paragraph .... [revisor inserts date], and submit that
22information to the joint committee on state mandates by May 1, 2005.
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(b) The committee shall introduce one or more bills amending the statutes in
24each house of the legislature repealing all mandates that are wholly state-imposed
25and that have a negative uncompensated effect on local governmental units.
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213.591 Funding of state-imposed mandates. (1) Definition. In this
3section, "mandate" has the meaning set forth in s. 13.59 (1) (b).
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4(2) Appropriation increase. The legislature may not enact a bill on or after the
5effective date of this subsection .... [revisor inserts date], that contains a mandate
6unless the bill has had a public hearing before the joint committee on state mandates
7or contains an appropriation to provide for reimbursement under s. 16.59 for the
8current fiscal biennium, and requires that an appropriation be provided in all
9subsequent fiscal years in which the mandate is imposed, by the applicable amount
10specified in the report under s. 13.59, to provide for reimbursement under s. 16.59.
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11(3) Enforcement prohibited if unfunded. If a bill that contains a mandate is
12enacted after the effective date of this subsection .... [revisor inserts date], is not in
13compliance with sub. (2), or if the legislature does not provide an appropriation as
14required by sub. (2) for the mandate, the mandate contained in the enacted bill may
15not be enforced until the required appropriation is provided.
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16(4) Existing unfunded mandates. If the joint committee on state mandates
17determines that a law enacted or rule promulgated on or before the effective date of
18this subsection .... [revisor inserts date], contains a mandate that is wholly
19state-imposed and that has a negative uncompensated fiscal effect on local
20governmental units, the committee shall introduce a bill in each house of the
21legislature repealing the law or making the rule ineffective unless the committee
22determines that the uncompensated fiscal effect is minimal.
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2416.59 State funding of mandates. (1) In this section:
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(a) "Local governmental unit" has the meaning given in s. 19.42 (7u).
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1(b) "Mandate" has the meaning given in s. 227.112 (1) (b).
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2(2) From the appropriation under s. 20.505 (1) (bm) or such other
3appropriations designated by law for such purpose, on the basis of reports prepared
4under s. 13.59 (5) or (6) and other relevant information available to the department,
5the department shall reimburse local governmental units for their approximate costs
6not otherwise funded by the state that are attributable to mandates that are subject
7to the funding requirements under s. 13.591 or 227.112. Reimbursements under this
8subsection shall be made on an annual basis and shall be accompanied by a
9statement identifying each mandate for which reimbursement is made and the
10amount of reimbursement for each mandate.
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11Section
5. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
12the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
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13Section
6. 20.505 (1) (bm) of the statutes is created to read:
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20.505
(1) (bm)
State funding of mandates. As a continuing appropriation, the
15amounts in the schedule to reimburse local governmental units as provided under
16s. 16.59.
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18227.112 State funding of mandates. (1) In this section:
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(a) "Local governmental unit" has the meaning given in s. 19.42 (7u).
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1(b) "Mandate" has the meaning given in s. 13.59 (1) (b), and includes a provision
2in a rule placing a requirement on a local governmental unit. The term does not
3include any rule provision that relates to employment discrimination or the
4compensation, benefits, leave, collective bargaining rights, or conditions of
5employment of employees or retirees of a local governmental unit.
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6(2) An agency may not promulgate a rule or take an action on or after the
7effective date of this subsection .... [revisor inserts date], that imposes a mandate,
8other than a mandate that has a minimal fiscal effect, and shall not, on or after the
9effective date of this subsection .... [revisor inserts date], take an action required by
10a law enacted on or after the effective date of this subsection .... [revisor inserts date],
11if the action would impose a mandate, other than a mandate that has a minimal fiscal
12effect, unless there is a sufficient amount in the appropriation account under s.
1320.505 (1) (bm) or such other appropriations designated by law for such purpose for
14providing reimbursement under s. 16.59 to local governmental units for their
15approximate costs that are attributable to the mandate without jeopardizing
16reimbursement under s. 16.59 for other mandates.