2007 BILL
AN ACT ...; relating to: payment of debt service on general obligation bonds for certain highway projects.
Analysis by the Legislative Reference Bureau
transportation
Highways
Under current law, the state, under specified circumstances, may contract public debt for the purpose of funding major highway projects and state highway rehabilitation projects. Prior to July 1, 2005, principal and interest costs incurred in financing this debt (debt service) were paid from the transportation fund. Beginning on July 1, 2005, debt service on this debt is paid from the general fund.
This bill creates an annual appropriation from the segregated transportation fund for the payment of debt service on this debt. The sum sufficient appropriation under current law for payment of debt service on this debt is reduced by the amount appropriated under the annual appropriation.
For further information see the state 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:
SECTION 1. 20.395 (6) (af) of the statutes is amended to read:
20.395 (6) (af) Principal repayment and interest, local roads for job preservation program and major highway and rehabilitation projects, state funds. From the general fund, a sum sufficient, less any amount appropriated under par. (bq), to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing the local roads for job preservation program under s. 86.312 and major highway and rehabilitation projects, as provided under ss. 20.866 (2) (uum) and (uur), 84.555, and 84.95, and to make the payments determined by the building commission under s. 13.488 (1) (m) that are attributable to the proceeds of obligations incurred in financing the local roads for job preservation program under s. 86.312, and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a).
****NOTE: This is reconciled s. 20.395 (6) (af). This SECTION has been affected by drafts with the following LRB numbers: LRB-1565 and LRB-1621. This draft incorporates material from LRB-1621.
SECTION 2. 20.395 (6) (bq) of the statutes is created to read:
20.395 (6) (bq) Principal repayment and interest, major highway and rehabilitation projects, state funds. The amounts in the schedule to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing major highway and rehabilitation projects, as provided under ss. 20.866 (2) (uum) and (uur), 84.555, and 84.95, and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
(End)
LRB-1570LRB-1570/4
RAC:kjf:rs
2007 - 2008 LEGISLATURE
DOA:......Koskinen, BB0398 - Required general fund statutory balance
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
State government
State finance
Current statutes contain a rule of proceeding governing legislative action on certain bills. Generally, the rule provides that no bill directly or indirectly affecting general purpose revenues may be adopted if the bill would cause the estimated general fund balance on June 30 of any fiscal year to be less than a certain amount of the total general purpose revenue appropriations for that fiscal year. For fiscal year 2007-08, the amount is $65,000,000; for fiscal year 2008-09, the amount is $65,000,000; and each fiscal year thereafter, the amount is 2 percent of total general purpose revenue appropriations for that fiscal year.
This bill provides that for fiscal years 2007-08 to 2010-11, the amount is $130,000,000; and for 2011-12 and each fiscal year thereafter, the amount is 2 percent of total general purpose revenue appropriations for that fiscal year.
For further information see the state 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:
SECTION 1. 20.003 (4) (fm) of the statutes is repealed.
SECTION 2. 20.003 (4) (fr) of the statutes is repealed.
SECTION 3. 20.003 (4) (ft) of the statutes is amended to read:
20.003 (4) (ft) For fiscal year 2007-08, $65,000,000 $130,000,000.
SECTION 4. 20.003 (4) (fv) of the statutes is amended to read:
20.003 (4) (fv) For fiscal year 2008-09, $65,000,000 $130,000,000.
SECTION 5. 20.003 (4) (fw) of the statutes is created to read:
20.003 (4) (fw) For fiscal year 2009-10, $130,000,000.
SECTION 6. 20.003 (4) (fx) of the statutes is created to read:
20.003 (4) (fx) For fiscal year 2010-11, $130,000,000.
SECTION 7. 20.003 (4) (g) of the statutes is amended to read:
20.003 (4) (g) For fiscal year 2009-10 2011-12 and each fiscal year thereafter, 2%.
(End)
LRB-1575LRB-1575/1
RCT:lmk&wlj:rs
2007 - 2008 LEGISLATURE
DOA:......Wavrunek, BB0395 - Restore the public intervenor
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: creating an Office of Public Intervenor in the Department of Justice.
Analysis by the Legislative Reference Bureau
environment
Other environment
This bill recreates an Office of Public Intervenor attached to DOJ, with the duties and authority that existed before 1995 Wisconsin Act 27. That act transferred the Office of Public Intervenor from DOJ to DNR. The Office of Public Intervenor was eliminated by 1997 Wisconsin Act 27.
The bill requires the attorney general to appoint an assistant attorney general to serve as the public intervenor. The bill authorizes the public intervenor to do all of the following:
1. Formally commence or intervene in proceedings before any court whenever such intervention is necessary to protect the public rights in water and other natural resources of this state, and the bill requires the public intervenor to intervene in such matters when requested to do so by a division administrator in DNR.
2. Act as an interested party in actions in which he or she intervenes, with the power to present evidence, subpoena witnesses, cross-examine witnesses, file briefs, and do any other acts appropriate for a party to the proceedings.
3. Appeal administrative rulings to the courts.
The bill requires DNR personnel to notify the public intervenor of all administrative proceedings under the environmental protection chapters and to make investigations, studies, and reports to assist the public intervenor either before or during such formal intervention.
The bill also requires the attorney general to appoint a Public Intervenor Advisory Council consisting of seven to nine members who have backgrounds in or demonstrated experience or records relating to environmental protection or natural resource conservation. In addition, at least one member must have working knowledge of business and at least one member must have knowledge of agriculture. The advisory committee must hold open, publicized meetings and must advise the public intervenor consistent with his or her duties.
For further information see the state 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:
SECTION 1. 18.13 (4g) of the statutes is created to read:
18.13 (4g) PUBLIC INTERVENOR. Notwithstanding s. 165.075, the public intervenor does not have authority to initiate any action or proceeding concerning the issuance of obligations by the building commission under this chapter.
SECTION 2. 165.07 of the statutes is created to read:
165.07 Assistant attorney general -- public intervenor. (1) The attorney general shall designate an assistant attorney general on the attorney general's staff as public intervenor. The head of each agency responsible for proceedings under chs. 30, 31, 281 to 285, and 289 to 299, shall give notice of those proceedings to the public intervenor, to the administrators of divisions primarily assigned the departmental functions under chs. 29, 281, 285, and 289 to 299, and to the natural areas preservation council.
(2) The public intervenor shall formally intervene in proceedings described in sub. (1) when requested to do so by an administrator of a division primarily assigned the departmental functions under chs. 29, 281, 285, or 289 to 299. The public intervenor may, on the public intervenor's own initiative or upon request of any committee of the legislature, formally intervene in proceedings described in sub. (1) whenever that intervention is needed for the protection of public rights in water and other natural resources, as provided in chs. 30 and 31 and defined by the supreme court.
(3) Personnel of the department of natural resources shall, upon the request of the public intervenor, make such investigations, studies, and reports as the public intervenor may request in connection with proceedings described in sub. (1), either before or after formal intervention. Personnel of state agencies shall, at the public intervenor's request, provide information, serve as witnesses in proceedings described in sub. (1), and otherwise cooperate in the carrying out of the public intervenor's intervention functions. The public intervenor shall formally intervene by filing a statement to that effect with the examiner or other person immediately in charge of the proceeding. Upon that filing, the public intervenor shall be considered a party in interest with full power to present evidence, subpoena and cross-examine witnesses, submit proof, file briefs, or do any other acts appropriate for a party to the proceedings.
(4) The public intervenor may appeal from administrative rulings to the courts. In all administrative proceedings and judicial review proceedings, the public intervenor shall be identified as "public intervenor." This section does not preclude or prevent any division of the department of natural resources, or any other department or independent agency, from appearing by its staff as a party in any proceedings.
SECTION 3. 165.075 of the statutes is created to read:
165.075 Assistant attorney general; public intervenor; authority. In carrying out his or her duty to protect public rights in water and other natural resources, the public intervenor has the authority to initiate actions and proceedings before any agency or court in order to raise issues, including issues concerning constitutionality, present evidence and testimony, and make arguments.
SECTION 4. 165.076 of the statutes is created to read:
165.076 Assistant attorney general; public intervenor; advisory committee. The attorney general shall appoint a public intervenor advisory committee under s. 15.04 (1) (c). The public intervenor advisory committee shall consist of not less than 7 nor more than 9 members. The attorney general may only appoint members who have backgrounds in or demonstrated experience or records relating to environmental protection or natural resource conservation. The attorney general shall appoint at least one member who has working knowledge of business and at least one member who has working knowledge of agriculture. The public intervenor advisory committee shall advise the public intervenor consistent with his or her duty to protect public rights in water and other natural resources. The public intervenor advisory committee shall conduct meetings consistent with subch. V of ch. 19 and shall permit public participation and public comment on public intervenor activities.
SECTION 5. 814.245 (2) (d) of the statutes is amended to read:
814.245 (2) (d) "State agency" does not include the public intervenor or citizens utility board.
(End)
LRB-1577LRB-1577/2
RLR:jld:jf
2007 - 2008 LEGISLATURE
DOA:......Wavrunek, BB0379 - Penalty surcharge and firearms restrictions record searches
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
justice
Under current law, most persons who are ordered by a state or municipal court to pay a fine or forfeiture must also pay a penalty surcharge equal to 26 percent of the fine or forfeiture. The penalty surcharge receipts are appropriated to DOJ to fund a variety of activities, services, and equipment, including training for law enforcement and correctional officers, enforcement of drug laws, services for crime victims, and information systems for law enforcement. Also under current law, firearms dealers must pay DOJ a fee for conducting firearms restrictions record searches on handgun purchasers. The firearms restrictions record search fee receipts are appropriated to DOJ for firearms restrictions record searches.
This bill increases the penalty surcharge to 27 percent of fines or forfeitures. The bill also provides that firearms restrictions record search fees must be deposited in the appropriation account in which penalty surcharge receipts are deposited and that firearms records restriction searches must be funded from this appropriation.
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:
SECTION 1. 20.455 (2) (gr) of the statutes, as affected by 2005 Wisconsin Act 25, is renumbered 20.455 (2) (ky) and amended to read:
20.455 (2) (ky) Handgun purchaser record check. All moneys received as fee payments under s. 175.35 (2i) The amounts in the schedule to provide services under s. 175.35. All moneys transferred from the appropriation account under par. (i) 17. shall be credited to this appropriation account.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.455 (2) (i) (intro.) of the statutes is amended to read:
20.455 (2) (i) Penalty surcharge, receipts Criminal justice program support. (intro.) The amounts in the schedule for the purposes of s. 165.85 (5) (b) and for crime laboratory equipment. All moneys received from the penalty surcharge on court fines and forfeitures under s. 757.05 (2) and all moneys received as fee payments under s. 175.35 (2i) shall be credited to this appropriation account. Moneys may be transferred from this paragraph to pars. (j), (ja), and (jb) by the secretary of administration for expenditures based upon determinations by the department of justice. The following amounts shall be transferred to the following appropriation accounts:
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 3. 20.455 (2) (i) 17. of the statutes is created to read:
20.455 (2) (i) 17. The amount transferred to par. (ky) shall be the amount in the schedule under par. (ky).
SECTION 4. 757.05 (1) (a) of the statutes is amended to read:
