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1(b) The committee may make investigations and hold hearings.
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2(5) Report. (a) Upon the introduction in either house of the legislature of a
3proposal that would impose a mandate, the proposal shall at once be referred to the
4joint survey committee on state mandates by the presiding officer. The proposal may
5not be considered further by either house or any other committee until the joint
6survey committee on state mandates has submitted a written report, to the chief
7clerk of the house in which the proposal is introduced, doing all of the following:
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1. Describing the fiscal effect on state government and on local governmental
9units of the mandate contained in the proposal.
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2. Identifying the objective of the the mandate contained in the proposal.
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3. Determining whether it is possible to achieve the objective without imposing
12a mandate.
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4. Determining whether the mandate contained in the proposal is
14state-imposed or is addressing a requirement imposed by the federal government.
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5. Explaining the effect of the mandate contained in the proposal on the
16revenues and expenditures of state government and local governmental units,
17including an explanation as to whether unrestricted or restricted state aid, grants,
18or tax benefits are currently being provided or potentially available under existing
19law to meet costs of the mandate.
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6. Identifying whether the mandate contained in the proposal has a recurring
21or nonrecurring impact.
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7. Identifying any method of reimbursement for any costs of the mandate
23contained in the proposal or any method of waiver or appeal of the requirements
24contained in the mandate.
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18. Addressing whether it is appropriate to consider an expiration date for the
2mandate contained in the proposal.
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9. Addressing the desirability of the mandate contained in the proposal as a
4matter of public policy.
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10. Providing any other information that the committee considers to be
6appropriate.
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(b) If the committee's report concludes that the proposal has a negative
8uncompensated fiscal effect on local governmental units, and that the mandate
9contained in the proposal is wholly state-imposed, the committee shall prepare and
10introduce an amendment to the proposal that increases the amount of the
11appropriation under s. 20.505 (1) (bm) or such other appropriation designated in the
12amendment and 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 proposal
14and attached to it as are amendments. The reproduction shall be in lieu of inclusion
15in the daily journal of the house in which the proposal is introduced.
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16(6) Identification of mandates. (a) The legislative fiscal bureau shall identify
17all mandates existing on the effective date of this paragraph .... [revisor inserts date],
18and submit that information to the joint survey committee on state mandates by May
191, 2005.
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(b) By August 1, 2005, the committee shall introduce one or more bills
21amending the statutes and one or more joint resolutions amending the constitution
22in each house of the legislature repealing all mandates.
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23Section
3. 13.591 of the statutes is created to read:
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2413.591 Funding of state-imposed mandates. (1) Definition. In this
25section, "mandate" has the meaning set forth in s. 13.59 (1) (b).
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1(2) Appropriation increase. The legislature may not enact a bill on or after the
2effective date of this subsection .... [revisor inserts date], that contains a mandate
3unless the bill contains an appropriation to provide for reimbursement under s. 16.59
4for the current fiscal biennium, and requires that an appropriation be provided in all
5subsequent fiscal years in which the mandate is imposed, by the applicable amount
6specified in the report under s. 13.59, to provide for reimbursement under s. 16.59.
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7(3) Enforcement prohibited if unfunded. If a bill that contains a mandate is
8enacted after the effective date of this subsection .... [revisor inserts date], is not in
9compliance with sub. (2), or if the legislature does not provide an appropriation as
10required by sub. (2) for the mandate, the mandate contained in the enacted bill may
11not be enforced until the required appropriation is provided.
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12(4) Enforcement of existing unfunded mandates. If a law enacted or rule
13promulgated on or before the effective date of this subsection .... [revisor inserts
14date], or a constitutional provision effective on the effective date of the subsection ....
15[revisor inserts date], is in effect on July 1, 2006, and contains a mandate that is
16wholly state-imposed and that has a negative uncompensated fiscal effect on local
17governmental units, the mandate may not be enforced until the mandate no longer
18has a negative uncompensated fiscal effect on local governmental units.
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19Section
4. 16.59 of the statutes is created to read:
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2016.59 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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(b) "Mandate" has the meaning given in s. 227.112 (1) (b).
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23(2) From the appropriation under s. 20.505 (1) (bm) or such other
24appropriations designated by law for such purpose, on the basis of reports prepared
25under s. 13.59 (5) or (6) and other relevant information available to the department,
1the department shall reimburse local governmental units for their approximate costs
2not otherwise funded by the state that are attributable to mandates that are subject
3to the funding requirements under s. 13.591 or 227.112. Reimbursements under this
4subsection shall be made on an annual basis and shall be accompanied by a
5statement identifying each mandate for which reimbursement is made and the
6amount of reimbursement for each mandate.
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7Section
5. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
8the 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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9Section
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
11amounts in the schedule to reimburse local governmental units as provided under
12s. 16.59.
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13Section
7. 227.112 of the statutes is created to read:
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14227.112 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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(b) "Mandate" has the meaning given in s. 13.59 (1) (b), and includes a provision
17in a rule placing a requirement on a local governmental unit.
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18(2) An agency may not promulgate a rule or take an action on or after the
19effective date of this subsection .... [revisor inserts date], that imposes a mandate,
1and shall not, on or after the effective date of this subsection .... [revisor inserts date],
2take an action required by a law enacted on or after the effective date of this
3subsection .... [revisor inserts date], if the action would impose a mandate, unless
4there is a sufficient amount in the appropriation account under s. 20.505 (1) (bm) or
5such other appropriations designated by law for such purpose for providing
6reimbursement under s. 16.59 to local governmental units for their approximate
7costs that are attributable to the mandate without jeopardizing reimbursement
8under s. 16.59 for other mandates.
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(1) Notwithstanding section 13.59 (2) of the statutes, as created by this act, of
11the initial terms of the members appointed by the governor to the joint survey
12committee on state mandates under section 13.59 (2) of the statutes, as created by
13this act, one shall expire on May 1, 2005, and one shall expire on May 1, 2007.