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(b) All actions of the committee require the approval of a majority of all of the
14members.
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15(4) Powers and duties. (a) The committee shall:
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1. Provide the legislature with a report under sub. (5) concerning each bill that
17would impose a mandate.
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2. On a regular basis, review existing mandates and evaluate their desirability
19as 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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21(5) Report. (a) Upon the introduction in either house of the legislature of a bill
22that would impose a mandate, the bill shall at once be referred to the joint committee
23on state mandates by the presiding officer, unless the presiding officer determines
24that the mandate has a minimal fiscal effect on local governmental units. The bill
25may not be considered further by either house or any other committee until the
1earlier of 30 days after referral or the time at which the joint committee on state
2mandates submits a written report, to the chief clerk of the house in which the bill
3is introduced, doing all of the following:
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1. Describing the fiscal effect on state government and on local governmental
5units 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
8a mandate.
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4. Determining whether the mandate contained in the bill is state-imposed or
10is 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
12and expenditures of state government and local governmental units, including an
13explanation as to whether unrestricted or restricted state aid, grants, or tax benefits
14are currently being provided or potentially available under existing law to meet the
15costs of the mandate.
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6. Identifying whether the mandate contained in the bill has a recurring or
17nonrecurring impact.
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7. Identifying any method of reimbursement for any costs of the mandate
19contained in the bill or any method of waiver or appeal of the requirements contained
20in the mandate.
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8. Addressing whether it is appropriate to consider an expiration date for the
22mandate contained in the bill.
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9. Addressing the desirability of the mandate contained in the bill as a matter
24of public policy.
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110. Providing any other information that the committee considers to be
2appropriate.
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(b) If the committee's report concludes that the bill has a negative
4uncompensated fiscal effect on local governmental units, and that the mandate
5contained in the bill is wholly state-imposed, the committee shall prepare and offer
6an amendment to the bill that increases the amount of the appropriation under s.
720.505 (1) (bm) or such other appropriation designated in the amendment and
8creates 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
10attached to it as are amendments. The reproduction shall be in lieu of inclusion in
11the daily journal of the house in which the bill is introduced.
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12(6) Identification of mandates. (a) The legislative fiscal bureau shall identify
13all mandates, other than mandates that have a minimal fiscal effect, existing on the
14effective date of this paragraph .... [revisor inserts date], and submit that
15information to the joint committee on state mandates by May 1, 2007.
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(b) The committee shall introduce one or more bills amending the statutes in
17each house of the legislature repealing all mandates that are wholly state-imposed
18and that have a negative uncompensated fiscal effect on local governmental units.
AB173, s. 3
19Section
3. 13.591 of the statutes is created to read:
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2013.591 Funding of state-imposed mandates. (1) Definition. In this
21section, "mandate" has the meaning set forth in s. 13.59 (1) (b).
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22(2) Appropriation increase. The legislature may not enact a bill on or after the
23effective date of this subsection .... [revisor inserts date], that contains a mandate
24unless the bill has had a public hearing before the joint committee on state mandates
25or contains an appropriation to provide for reimbursement under s. 16.59 for the
1current fiscal biennium, and requires that an appropriation be provided in all
2subsequent fiscal years in which the mandate is imposed, by the applicable amount
3specified in the report prepared under s. 13.59 (5), to provide for reimbursement
4under s. 16.59.
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5(3) Enforcement prohibited if unfunded. If a bill that contains a mandate is
6enacted after the effective date of this subsection .... [revisor inserts date], is not in
7compliance with sub. (2), or if the legislature does not provide an appropriation as
8required by sub. (2) for the mandate, the mandate contained in the enacted bill may
9not be enforced until the required appropriation is provided.
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10(4) Existing unfunded mandates. If the joint committee on state mandates
11determines that a law enacted or rule promulgated on or before the effective date of
12this subsection .... [revisor inserts date], contains a mandate that is wholly
13state-imposed and that has a negative uncompensated fiscal effect on local
14governmental units, the committee shall introduce a bill in each house of the
15legislature repealing the law or making the rule ineffective unless the committee
16determines that the uncompensated fiscal effect is minimal.
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17Section
4. 16.59 of the statutes is created to read:
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1816.59 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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21(2) From the appropriation under s. 20.505 (1) (bm) or such other
22appropriations designated by law for such purpose, on the basis of the report
23prepared under s. 13.59 (5) and other relevant information available to the
24department, the department shall reimburse local governmental units for their
25approximate costs not otherwise funded by the state that are attributable to
1mandates that are subject to the funding requirements under s. 13.591 or 227.112.
2Reimbursements under this subsection shall be made on an annual basis and shall
3be accompanied by a statement identifying each mandate for which reimbursement
4is made and the amount of reimbursement for each mandate.
AB173, s. 5
5Section
5. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
6the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB173, s. 6
7Section
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
9amounts in the schedule to reimburse local governmental units as provided under
10s. 16.59.
AB173, s. 7
11Section
7. 227.112 of the statutes is created to read:
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12227.112 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
15in a rule placing a requirement on a local governmental unit. The term does not
16include any rule provision that relates to employment discrimination or the
17compensation, benefits, leave, collective bargaining rights, or conditions of
18employment of employees or retirees of a local governmental unit or prevailing wages
19under s. 66.0903.
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1(2) An agency may not promulgate a rule or take an action on or after the
2effective date of this subsection .... [revisor inserts date], that imposes a mandate,
3other than a mandate that has a minimal fiscal effect, and shall not, on or after the
4effective date of this subsection .... [revisor inserts date], take an action required by
5a law enacted on or after the effective date of this subsection .... [revisor inserts date],
6if the action would impose a mandate, other than a mandate that has a minimal fiscal
7effect, unless there is a sufficient amount in the appropriation account under s.
820.505 (1) (bm) or such other appropriations designated by law for such purpose for
9providing reimbursement under s. 16.59 to local governmental units for their
10approximate costs that are attributable to the mandate without jeopardizing
11reimbursement under s. 16.59 for other mandates.