LRB-1882/4
ALL:kjf/jld/lmk:nwn
2007 - 2008 LEGISLATURE
February 14, 2007 - Introduced by
Joint Committee on Finance, by request of
Governor Jim Doyle. Referred to Joint Committee on Finance.
AB72,1,8
1An Act to amend 20.003 (4) (fr), 20.866 (2) (xm), 49.175 (1) (p) and 49.175 (1) (zh);
2to repeal and recreate 16.529 of the statutes; and
to affect 2005 Wisconsin
3Act 25, section
9155 (1w) (b);
relating to: authorizing the secretary of
4administration to lapse moneys from appropriation accounts and transfer
5moneys between funds during the 2006-07 fiscal year, affecting position
6authorizations for certain state agencies, requiring the secretary of
7administration to lapse or transfer moneys to the general fund related to
8unfunded retirement liability debt service, and making appropriations.
Analysis by the Legislative Reference Bureau
This bill makes numerous appropriation changes, fund transfers, and position
authorizations for the 2006-07 fiscal year. The bill:
1. Requires the secretary of administration to lapse to the general fund or
transfer to the general fund from the unencumbered balances of state operations
appropriations, other than sum sufficient appropriations and appropriations of
federal revenues, an amount equal to $15,132,000 during the 2006-07 fiscal year.
2. Renews authorization for 270.92 FTE positions in six state agencies that
expire on April 1, 2007, to enable continued operation of numerous state-owned
power and waste water treatment plants.
3. Transfers from the agricultural chemical cleanup fund to the general fund
$1,000,000 in fiscal year 2006-07.
4. Transfers from the agrichemical management fund to the general fund
$3,500,000 in fiscal year 2006-07.
5. Transfers from the recycling fund to the general fund $3,500,000 in fiscal
year 2006-07.
6. Transfers from the petroleum inspection fund to the general fund $5,000,000
in fiscal year 2006-07.
7. Increases a Department of Corrections (DOC) appropriation for funding
adult correctional services by $56,275,300 for fiscal year 2006-07.
8. Increases a DOC appropriation for payments made under certain contracts
by $6,000,000 for fiscal year 2006-07.
9. Increases a DOC appropriation for funding serious juvenile offender
programs by $1,000,000 for fiscal year 2006-07.
10. Decreases a Department of Health and Family Services (DHFS)
appropriation for funding state foster care and adoption services by $3,065,600 for
fiscal year 2006-07.
11. Decreases a DHFS appropriation for funding the state's share of the
Medical Assistance program by $69,700,600 for fiscal year 2006-07.
12. Decreases a DHFS appropriation for payments to pharmacies and
pharmacists for prescription drug assistance for the elderly by $15,700,000 for fiscal
year 2006-07.
13. Increases a DHFS appropriation for funding the Badger Care health care
program by $5,500,000 for fiscal year 2006-07.
14. Lapses to the general fund $7,000,000 from the general program operations
appropriation of the Office of the Commissioner of Insurance.
15. Increases a Department of Natural Resources appropriation from the
conservation fund for paying debt service costs for state forest acquisitions by
$7,000,000 for fiscal year 2006-07.
16. Increases a Public Defender Board appropriation for paying private bar and
investigator reimbursements by $9,700,000 for fiscal year 2006-07.
17. For fiscal year 2006-07, increases a Department of Workforce Development
allocation for child care services by $30,000,000 and decreases a Department of
Workforce Development allocation for the earned income tax credit by $30,000,000.
18. Decreases an appropriation to the Joint Committee on Finance (JCF) to
supplement general fund appropriations by $19,371,900 for fiscal year 2006-07.
19. Amends a provision in
2005 Wisconsin Act 25 that required the elimination
of 13 attorney positions in the executive branch on June 30, 2007. The bill, instead,
eliminates these positions on June 30, 2009.
20. Increases the amount of indebtedness that the state may contract to refund
the whole or any part of any unpaid indebtedness used to finance tax-supported or
self-amortizing facilities from $1,400,000,000 to $1,775,000,000.
21. Authorizes JCF, during the 2006-07 fiscal year, to lapse to the
transportation fund any amount requested by the Department of Transportation
(DOT) from the unencumbered balances of the appropriations to DOT for major
development of state trunk and connecting highways and for the improvement of
existing state trunk and connecting highways.
22. Increases the FTE authorized positions in the Department of Justice (DOJ)
by 15.0 GPR positions to perform deoxyribonucleic acid analysis and increases an
appropriation to DOJ to fund these positions by $96,600.
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 2006-07, the amount is $65,000,000. This bill increases that amount to
$75,000,000.
In the 2003-05 fiscal biennium, obligations were issued by the state to pay the
state's unfunded liabilities under the Wisconsin Retirement System (WRS). These
liabilities had been incurred as a result of unfunded benefit improvements under the
WRS and their cost had been allocated to each state agency as part of its required
WRS contributions. This bill requires the secretary of administration during the
2005-07 fiscal biennium to lapse or transfer to the general fund from appropriations
to each state agency moneys that would otherwise have been expended by the state
agency to pay the WRS unfunded liabilities had the obligations not been issued. In
addition, the bill requires the secretary in each future fiscal biennium to lapse or
transfer these moneys to the general fund based on each state agency's proportionate
share of all state retirement contributions that are required to be paid in that fiscal
biennium.
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:
AB72, s. 1
1Section
1. 16.529 of the statutes is repealed and recreated to read:
AB72,3,3
216.529 Lapses and fund transfers relating to unfunded retirement
3liability debt service. (1) The definitions in s. 20.001 are applicable in this section.
AB72,4,2
4(2) Notwithstanding ss. 20.001 (3) (a) to (c) and 25.40 (3), beginning in the
52007-09 fiscal biennium, during each fiscal biennium the secretary shall lapse to the
6general fund or transfer to the general fund from each state agency appropriation
7specified in sub. (3) an amount equal to that portion of the total amount of principal
1and interest to be paid on obligations issued under s. 16.527 during the fiscal
2biennium that is allocable to the appropriation, as determined under sub. (3).
AB72,4,4
3(3) The secretary shall determine the amounts of the allocations required
4under sub. (2) as follows:
AB72,4,75
(a) The secretary shall first determine the total amount of Wisconsin
6Retirement System contributions that are to be paid by the state under s. 40.05
7during the fiscal biennium.
AB72,4,158
(b) The secretary shall then determine the percentage of the total amount
9determined under par. (a) that is allocable to each state agency appropriation from
10which Wisconsin Retirement System contributions under s. 40.05 are paid. The
11secretary shall exclude from this determination any appropriation from which a
12lapse or transfer to pay any principal or interest amount on obligations issued under
13s. 16.527 would violate a condition imposed by the federal government on the
14expenditure of the moneys or if the lapse or transfer would violate the federal or state
15constitution.
AB72,4,2016
(c) For each appropriation identified under par. (b), the secretary shall then
17apply the percentage calculated under par. (b) to the total amount of principal and
18interest to be paid during the fiscal biennium on obligations issued under s. 16.527.
19This amount is the portion of the total amount of principal and interest paid on the
20obligations during that fiscal biennium that is allocable to each appropriation.
AB72, s. 2
21Section
2. 20.003 (4) (fr) of the statutes is amended to read:
AB72,4,2222
20.003
(4) (fr) For fiscal year 2006-07,
$65,000,000 $75,000,000.
AB72, s. 3
23Section
3. 20.866 (2) (xm) of the statutes is amended to read:
AB72,5,1024
20.866
(2) (xm)
Building commission; refunding tax-supported and
25self-amortizing general obligation debt. From the capital improvement fund, a sum
1sufficient to refund the whole or any part of any unpaid indebtedness used to finance
2tax-supported or self-amortizing facilities. In addition to the amount that may be
3contracted under par. (xe), the state may contract public debt in an amount not to
4exceed
$1,400,000,000 $1,775,000,000 for this purpose. Such indebtedness shall be
5construed to include any premium and interest payable with respect thereto. Debt
6incurred by this paragraph shall be repaid under the appropriations providing for
7the retirement of public debt incurred for tax-supported and self-amortizing
8facilities in proportional amounts to the purposes for which the debt was refinanced.
9No moneys may be expended under this paragraph unless the true interest costs to
10the state can be reduced by the expenditure.
AB72, s. 4
11Section
4. 49.175 (1) (p) of the statutes is amended to read:
AB72,5,1412
49.175
(1) (p)
Direct child care services. For direct child care services under s.
1349.155, $310,332,100 in fiscal year 2005-06 and
$313,432,100 $343,432,100 in fiscal
14year 2006-07.
AB72, s. 5
15Section
5. 49.175 (1) (zh) of the statutes is amended to read:
AB72,5,1916
49.175
(1) (zh)
Earned income tax credit supplement. For the transfer of
17moneys from the appropriation account under s. 20.445 (3) (md) to the appropriation
18account under s. 20.835 (2) (kf) for the earned income tax credit, $55,232,000 in
each 19fiscal year
2005-06 and $25,232,000 in fiscal year 2006-07.
AB72,6,221[
2005 Wisconsin Act 25] Section 9155 (1w) (b) On June 30,
2007 2009, 13.0 FTE
22attorney positions in all state agencies that are vacant on that date are eliminated.
23If fewer than 13.0 FTE attorney positions in all state agencies are vacant on June 30,
242007 2009, there are eliminated the requisite number of FTE attorney positions, as
1identified by the secretary of administration, so that a total of 13.0 FTE attorney
2positions are eliminated.
AB72, s. 9101
3Section 9101.
Nonstatutory provisions; Administration.
AB72,6,84
(1)
Position authorizations. The authorized FTE positions for the department
5of administration are increased by 23.25 PR positions on April 1, 2007, to be funded
6from the appropriation under section 20.505 (5) (ka) of the statutes, for the purpose
7of enabling continued operation of state-owned power and waste water treatment
8plants.
AB72,6,109
(2)
State agency payments relating to unfunded liabilities under the
10Wisconsin Retirement System.
AB72,6,1211
(a) The definitions in section 20.001 of the statutes are applicable in this
12subsection.
AB72,6,2213
(b) The secretary of administration shall determine for each state agency the
14amount that the state agency would have been required to expend under section
1540.05 (2) (b) and (4) (b), (bc), and (bw) and subchapter IX of chapter 40 of the statutes
16during the 2005-07 fiscal biennium had the obligations under section 16.527 of the
17statutes not been issued, and each appropriation from which the moneys would have
18been expended. The secretary shall exclude from this determination any
19appropriation from which a lapse or transfer to pay any principal or interest amount
20on obligations issued under section 16.527 of the statutes would violate a condition
21imposed by the federal government on the expenditure of the moneys or if the lapse
22or transfer would violate the federal or state constitution.
AB72,7,223
(c) From each appropriation identified in paragraph (b), notwithstanding
24section 20.001 (3) (a) to (c) of the statutes, the secretary shall lapse to the general
1fund or transfer to the general fund the amount specified in paragraph (b) that would
2otherwise have been expended from the appropriation.
AB72, s. 9109
3Section 9109.
Nonstatutory provisions; Corrections.
AB72,7,84
(1)
Position authorizations. The authorized FTE positions for the department
5of corrections are increased by 20.25 GPR positions on April 1, 2007, to be funded
6from the appropriation under section 20.410 (1) (a) of the statutes, for the purpose
7of enabling continued operation of state-owned power and waste water treatment
8plants.
AB72,7,139
(2)
Position authorizations. The authorized FTE positions for the department
10of corrections are increased by 19.00 PR positions on April 1, 2007, to be funded from
11the appropriation under section 20.410 (1) (kk) of the statutes, for the purpose of
12enabling continued operation of state-owned power and waste water treatment
13plants.