LRB-1080/1
MES:cmh:rs
2003 - 2004 LEGISLATURE
July 15, 2003 - Introduced by Representatives Balow, Gronemus, Bies, Staskunas
and Plouff, cosponsored by Senators Plale and
A. Lasee. Referred to
Committee on Urban and Local Affairs.
AB433,1,3
1An Act to amend 66.0143 (title); and
to create 66.0143 (1) (c) and 66.0143 (5)
2of the statutes;
relating to: authorizing cities, villages, towns, and counties to
3suspend their compliance with certain state mandates.
Analysis by the Legislative Reference Bureau
Under current law, a city, village, town, or county (political subdivision) may
request a waiver from a state mandate, other than a state mandate in the area of
health or safety. A state mandate is defined as 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.
To act under current law, a political subdivision may file a request for a waiver
from a state mandate with the Department of Revenue (DOR). DOR is required to
forward the request to the administrative agency that is responsible for
administering the state mandate. If no agency is responsible, the request remains
with DOR. The 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.
Under this bill, a political subdivision may enact an ordinance to suspend its
compliance with an unfunded state mandate, other than a mandate that relates to
health or safety, for four years. An unfunded state mandate is defined as a state
mandate for which the state does not provide a political subdivision with at least 70%
of the amount of the political subdivision's costs of complying with the state mandate.
A political subdivision may renew its ordinance to suspend its compliance with
unfunded state mandates for additional four year periods.
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:
AB433, s. 1
1Section
1. 66.0143 (title) of the statutes is amended to read:
AB433,2,3
266.0143 (title)
Local appeals for exemption from, or suspension of
3compliance with, state mandates.
AB433, s. 2
4Section
2. 66.0143 (1) (c) of the statutes is created to read:
AB433,2,75
66.0143
(1) (c) "Unfunded state mandate" means a state mandate for which the
6state does not provide a political subdivision with at least 70% of the amount of the
7political subdivision's costs of complying with the state mandate.
AB433, s. 3
8Section
3. 66.0143 (5) of the statutes is created to read:
AB433,2,139
66.0143
(5) Suspension of mandate compliance. (a) A political subdivision
10may enact an ordinance to suspend its compliance with an unfunded state mandate
11for 4 years, and every unfunded state mandate, other than a state mandate that
12relates to health or safety, is subject to this subsection unless otherwise explicitly
13specified.
AB433,2,1614
(b) A political subdivision may renew an ordinance to suspend its compliance
15with an unfunded state mandate for additional 4-year periods by following the
16procedures under this subsection.
