LRB-1623/1
PJD:jld:jf
2003 - 2004 LEGISLATURE
January 28, 2003 - Introduced by Senators Welch, Kanavas, Leibham, Reynolds,
Roessler, Cowles and
A. Lasee, cosponsored by Representatives Owens,
Olsen, Albers, Suder, J. Wood, Grothman, Seratti, Musser, Krawczyk,
McCormick, Hahn, Bies, Kreibich, Gronemus and Lassa. Referred to
Committee on Homeland Security, Veterans and Military Affairs and
Government Reform.
SB15,1,3
1An Act to amend 13.093 (2) (b); and
to create 13.59, 13.591, 16.59, 20.505 (1)
2(bm) and 227.112 of the statutes;
relating to: creation of a Joint Survey
3Committee on State Mandates and required funding of state mandates.
Analysis by the Legislative Reference Bureau
This bill creates a legislative Joint Survey Committee on State Mandates
(committee). The committee consists of two majority party and one minority party
members from each house, the secretary of administration or his or her designee, and
two appointees of the governor.
The bill states that any bill or joint resolution placing a constitutional or
statutory requirement on a local governmental unit must be referred to the
committee and the committee must submit a report prior to further legislative
consideration. If the committee's report concludes that the proposal has a negative
uncompensated fiscal effect on local governmental units, and the mandate is a
wholly state-imposed mandate upon local governmental units, the bill states that
the committee must introduce an amendment to the proposal appropriating funds
to offset the cost of the mandate.
The bill states that the legislature may not enact a bill that imposes future
state-imposed mandates unless they are funded. If an enacted mandate is not
funded, either upon passage or in the future, the mandate may not be enforced until
it is funded. The bill also states that a state agency may not promulgate a rule or take
an action that imposes a mandate and that a state agency shall not take an action
required by law if the action would impose a mandate, unless there is a sufficient
amount to fund the mandate. Under this bill, affected local governments are
reimbursed annually for the approximate costs attributable to state-imposed
mandates.
The bill directs the Legislative Fiscal Bureau, by May 1, 2005, to identify all
mandates for the committee. The committee is directed to submit by August 1, 2005,
legislation repealing all mandates to each house of the legislature. Any mandate
existing on July 1, 2006, may not be enforced until the mandate is no longer
unfunded.
The bill also requires the committee to review and evaluate existing
requirements and limitations imposed on local governmental units by constitutional
or statutory provisions. To carry out its duties, the committee may make
investigations and hold hearings.
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:
SB15, s. 1
1Section
1. 13.093 (2) (b) of the statutes is amended to read:
SB15,2,122
13.093
(2) (b) Executive budget bills introduced under s. 16.47 (1) are exempt
3from the fiscal estimate requirement under par. (a) but shall, if they contain a
4provision affecting a public retirement fund
or, providing a tax exemption
, or
5imposing a mandate, as defined in s. 13.59 (1) (b), be analyzed as to those provisions
6by the respective joint survey committee.
If such a bill imposes a mandate, as defined
7in s. 13.59 (1) (b), the bill shall be simultaneously referred to the joint survey
8committee on state mandates and the joint committee on finance. If such a bill
9contains a provision providing a tax exemption, the bill shall be simultaneously
10referred to the joint survey committee on tax exemptions and the joint committee on
11finance. The report of the joint survey committee on tax exemptions shall be
12prepared within 60 days of introduction for bills introduced under s. 16.47 (1).
SB15, s. 2
13Section
2. 13.59 of the statutes is created to read:
SB15,3,2
113.59 Joint survey committee on state mandates. (1) Definitions. In this
2section:
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(a) "Local governmental unit" has the meaning given in s. 19.42 (7u).
SB15,3,64
(b) "Mandate," except in sub. (6), means a constitutional or statutory provision
5placing a requirement on a local governmental unit and, in sub. (6), has the meaning
6given in s. 227.112 (1) (b).
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(c) "Proposal" means a bill or joint resolution.
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8(2) Creation. There is created a joint survey committee on state mandates,
9consisting of 2 majority party and one minority party senators and 2 majority party
10and one minority party representatives to the assembly appointed as are the
11members of standing committees in their respective houses; the secretary of
12administration or his or her designee; and 2 nonlegislative members, one having
13experience in local government and the other having experience in private business,
14appointed by the governor. Each member appointed by the governor shall hold office
15for a term of 4 years expiring on May 1 and shall serve until a successor is appointed
16and qualified.
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17(3) Committee procedures. (a) The committee shall meet at the call of its
18cochairpersons.
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(b) All actions of the committee require the approval of a majority of all of the
20members.
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21(4) Powers and duties. (a) The committee shall:
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1. Provide the legislature with a report under sub. (5) concerning each proposal
23that would impose a mandate.
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2. On a regular basis, review existing mandates and evaluate their desirability
25as a matter of public policy, cost-effectiveness, and financial responsibility.
SB15,4,1
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).
SB15,5,1513
(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.
SB15,5,19
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.
SB15, s. 3
23Section
3. 13.591 of the statutes is created to read:
SB15,5,25
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.
SB15,6,11
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.
SB15,6,18
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.
SB15, s. 4
19Section
4. 16.59 of the statutes is created to read:
SB15,6,20
2016.59 State funding of mandates. (1) In this section:
SB15,6,2121
(a) "Local governmental unit" has the meaning given in s. 19.42 (7u).
SB15,6,2222
(b) "Mandate" has the meaning given in s. 227.112 (1) (b).
SB15,7,6
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.
SB15, s. 5
7Section
5. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
8the following amounts for the purposes indicated:
-
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