LRB-0296/1
RAC:wlj:rs
2007 - 2008 LEGISLATURE
March 19, 2007 - Introduced by Representatives Musser, Mursau, Berceau, Bies,
Hines, Sheridan and
Van Roy, cosponsored by Senators Lassa and
Miller.
Referred to Committee on State Affairs.
AB192,1,4
1An Act to amend 15.01 (4) and 20.505 (8) (hm) (intro.); and
to create 15.107 (18),
216.025, 20.505 (4) (kt), 20.505 (8) (hm) 22., 20.923 (6) (ab) and 230.08 (2) (yv)
3of the statutes;
relating to: creation of the Wisconsin Tribal-State Council and
4making an appropriation.
Analysis by the Legislative Reference Bureau
The bill creates the Wisconsin Tribal-State Council, which is attached to the
Department of Administration. The council is composed of representatives of the
American Indian tribes and bands in this state and representatives of state and local
governments. The bill assigns a number of duties to the council that relate to
facilitating communications and sharing information between state government and
tribal governments. In addition, the bill directs the council to monitor those actions
of the executive and legislative branches of state government that may affect tribal
governments and American Indians and to make policy recommendations regarding
those matters. Finally, the bill requires all state agencies to provide assistance to the
council, upon request.
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:
AB192, s. 1
1Section
1. 15.01 (4) of the statutes is amended to read:
AB192,2,102
15.01
(4) "Council" means a part-time body appointed to function on a
3continuing basis for the study, and recommendation of solutions and policy
4alternatives, of the problems arising in a specified functional area of state
5government, except the Milwaukee River revitalization council has the powers and
6duties specified in s. 23.18, the council on physical disabilities has the powers and
7duties specified in s. 46.29 (1) and (2), the state council on alcohol and other drug
8abuse has the powers and duties specified in s. 14.24,
the Wisconsin tribal-state
9council has the powers and duties specified in ss. 15.107 (18) and 16.025, and the
10electronic recording council has the powers and duties specified in s. 706.25 (4).
AB192, s. 2
11Section
2. 15.107 (18) of the statutes is created to read:
AB192,2,1412
15.107
(18) Wisconsin tribal-state council. (a) There is created a Wisconsin
13tribal-state council, which is attached to the department of administration under s.
1415.03.
AB192,2,1515
(b) The council shall consist of the following:
AB192,2,1816
1. Eleven members, one each of whom shall be appointed by the elected
17governing body of each of the 11 federally recognized American Indian tribes and
18bands in this state.
AB192,2,2019
2. Three members, appointed by the governor, representing state departments
20and agencies that have extensive interactions with tribal governments.
AB192,2,2121
3. The attorney general or his or her designee.
AB192,2,2222
4. The state superintendent of public instruction or his or her designee.
AB192,2,2323
5. One member of the senate, appointed by the senate majority leader.
AB192,2,2424
6. One member of the senate, appointed by the senate minority leader.
AB192,2,2525
7. One member of the assembly, appointed by the speaker of the assembly.
AB192,3,1
18. One member of the assembly, appointed by the assembly minority leader.
AB192,3,22
9. One member, appointed by the governor, representing a county government.
AB192,3,43
10. One member, appointed by the governor, representing a municipal
4government.
AB192,3,55
(c) The members shall serve at the pleasure of the appointing authorities.
AB192,3,96
(d) At its first meeting in each year, the council shall elect one cochairperson
7from among the members appointed under par. (b) 1. and one cochairperson from
8among the members appointed under par. (b) 2. to 10. and may elect a secretary from
9among its members. The council may not elect a chairperson or vice chairperson.
AB192,3,1410
(e) The council shall meet at least quarterly at a location determined by the
11council or either cochairperson and shall meet on the call of either cochairperson or
12a majority of its members. The secretary of administration may not require the
13council to meet and may not determine the council's meeting place. Either or both
14cochairpersons may preside at a meeting of the council.
AB192,3,1615
(f) The council shall appoint an executive director, outside the classified service,
16to serve at its pleasure.
AB192,3,1717
(g) The council shall perform the duties specified under s. 16.025.
AB192, s. 3
18Section
3. 16.025 of the statutes is created to read:
AB192,3,19
1916.025 Wisconsin tribal-state council.
(1) In this section:
AB192,3,2420
(a) "Agency" means any office, department, agency, institution of higher
21education, association, society, or other body in state government, created or
22authorized to be created by the constitution or any law, which is entitled to expend
23moneys appropriated by law, including the legislature and the courts, but not
24including an authority.
AB192,3,2525
(b) "Authority" means a body created under ch. 231, 232, 233, 234, 235, or 237.
AB192,4,1
1(2) The Wisconsin tribal-state council shall do all of the following:
AB192,4,52
(a) Facilitate the resolution of disputes, disagreements, and
3misunderstandings between state government and tribal governments by
4coordinating communication between the appropriate representatives of state
5government and tribal governments.
AB192,4,76
(b) Serve as an information clearinghouse regarding state-tribal relations and
7state programs that affect tribal governments and American Indians.
AB192,4,108
(c) Serve as a resource to agencies, authorities, and the legislature on matters
9involving state-tribal relations, including providing staff support to task forces or
10committees.
AB192,4,1211
(d) Monitor state executive branch policies and practices that affect tribal
12governments and American Indians.
AB192,4,1313
(e) Develop recommendations for state executive branch policies.
AB192,4,1414
(f) Monitor agreements between state government and tribal governments.
AB192,4,1915
(g) Support and coordinate communication between agency and authority
16liaisons who work with tribes, to promote smooth delivery of state services to tribal
17governments and American Indians and to avoid duplication of effort. The council
18shall review the adequacy of existing state liaison positions and recommend any
19changes in the number of liaison positions that it considers necessary.
AB192,4,2120
(h) Monitor state legislation that potentially may affect tribal governments or
21American Indians.
AB192,4,2222
(i) Develop recommendations for state legislation.
AB192,5,423
(j) Provide training to state officials and employees concerning the legal status
24of American Indian tribes and bands, legal and practical aspects of relations between
25tribal governments and the state and federal governments, and issues affecting
1state-tribal relations. The council shall provide training to state executive branch
2officials and employees at least once annually. The council shall provide training to
3state legislators and legislative employees at least once at the start of each legislative
4session.
AB192,5,85
(k) In lieu of the report under s. 15.09 (7), submit a biennial report on the
6council's activities to the governor, to the special committee on state-tribal relations,
7and to the chief clerk of each house of the legislature for distribution to the
8appropriate standing committees under s. 13.172 (3).
AB192,5,12
9(3) All agencies and authorities shall fully cooperate with and assist the
10Wisconsin tribal-state council. To that end, a representative of an agency or
11authority shall, upon request of the council or its executive director, do all of the
12following:
AB192,5,1413
(a) Provide information on program policies, procedures, practices, and
14services affecting American Indians or tribal governments.
AB192,5,1515
(b) Present recommendations to the council.
AB192,5,1616
(c) Attend meetings and provide staff assistance needed by the council.
AB192,5,1717
(d) Inform the agency or authority of issues concerning the council.
AB192, s. 4
18Section
4. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
19the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB192, s. 5
20Section
5. 20.505 (4) (kt) of the statutes is created to read:
AB192,6,6
120.505
(4) (kt)
Wisconsin tribal-state council. The amounts in the schedule for
2the general program operations of the Wisconsin tribal-state council. All moneys
3transferred from the appropriation account under sub. (8) (hm) 22. shall be credited
4to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered
5balance on June 30 of each year shall revert to the appropriation account under sub.
6(8) (hm).
AB192, s. 6
7Section
6. 20.505 (8) (hm) (intro.) of the statutes is amended to read:
AB192,6,158
20.505
(8) (hm)
Indian gaming receipts. (intro.) All moneys required to be
9credited to this appropriation under s. 569.06, all moneys transferred under
2001
10Wisconsin Act 16, sections
9201 (5mk), 9205 (1mk), 9210 (3mk), 9223 (5mk), 9224
11(1mk), 9225 (1mk), 9231 (1mk), 9237 (4mk), 9240 (1mk), 9251 (1mk), 9256 (1mk),
129257 (2mk), and 9258 (2mk), and all moneys that revert to this appropriation account
13from the appropriation accounts specified in subds. 1c. to
19. 22., less the amounts
14appropriated under par. (h) and s. 20.455 (2) (gc), for the purpose of annually
15transferring the following amounts:
AB192, s. 7
16Section
7. 20.505 (8) (hm) 22. of the statutes is created to read:
AB192,6,1817
20.505
(8) (hm) 22. The amount transferred to sub. (4) (kt) shall be the amount
18in the schedule under sub. (4) (kt).
AB192, s. 8
19Section
8. 20.923 (6) (ab) of the statutes is created to read:
AB192,6,2120
20.923
(6) (ab) Administration, department of: executive director of the
21Wisconsin tribal-state council.
AB192, s. 9
22Section
9. 230.08 (2) (yv) of the statutes is created to read:
AB192,6,2323
230.08
(2) (yv) The executive director of the Wisconsin tribal-state council.
AB192, s. 10
24Section
10.
Nonstatutory provisions; Wisconsin Tribal-State Council.
AB192,7,4
1(1)
Position authorizations. There is authorized for the Wisconsin tribal-state
2council 1.0 FTE PR executive director position and 2.0 FTE PR other positions, to be
3funded from the appropriation under section 20.505 (4) (kt) of the statutes, as created
4by this act.
AB192,7,76
(1)
This act takes effect on the day after publication, or on the 2nd day after
7publication of the 2007-09 biennial budget act, whichever is later.