2003 WISCONSIN ACT 33
(Vetoed in Part)
An Act relating to: state finances and appropriations, constituting the executive budget act of the 2003 legislature.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
33,4
Section
4. 7.33 (4) and (5) of the statutes are amended to read:
7.33 (4) Except as otherwise provided in this subsection, each local governmental unit, as defined in s. 22.01 16.97 (7), may, and each state agency shall, upon proper application under sub. (3), permit each of its employees to serve as an election official without loss of fringe benefits or seniority privileges earned for scheduled working hours during the period specified in sub. (3), without loss of pay for scheduled working hours during the period specified in sub. (3) except as provided in sub. (5), and without any other penalty. For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V of ch. 111, this subsection shall apply unless otherwise provided in a collective bargaining agreement.
(5) Any employee of a local governmental unit, as defined in s. 22.01 16.97 (7), or state agency who obtains a paid leave of absence under sub. (4) in order to serve as an election official under s. 7.30 shall certify in writing to the head of the local governmental unit or state agency by which he or she is employed the amount of compensation that the employee receives for such service. Upon receipt of the certification, the head of the local governmental unit or state agency shall deduct that amount from the employee's pay earned for scheduled working hours during the period specified in sub. (2) when the employee is on a paid leave of absence.
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Section
5. 13.099 (1) (a) and (b) of the statutes are amended to read:
13.099 (1) (a) "Department" means the department of administration commerce.
(b) "State housing strategy plan" means the plan developed under s. 16.31 560.9802.
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Section
6. 13.099 (2) (a) of the statutes is amended to read:
13.099 (2) (a) If any bill that is introduced in either house of the legislature directly or substantially affects the development, construction, cost or availability of housing in this state, the department, through the division of housing, shall prepare a report on the bill within 30 days after it is introduced. The department may request any information from other state agencies, local governments or individuals or organizations that is reasonably necessary for the department to prepare the report.
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Section
7. 13.099 (3) (a) 5. of the statutes is amended to read:
13.099 (3) (a) 5. Housing costs, as defined in s.
16.30 560.9801 (3) (a) and (b).
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Section
8. 13.101 (6) (a) of the statutes is amended to read:
13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, or the University of Wisconsin System, or to any other state agency or activity, by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (cg), and (cr), and (r), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax), and (6)
(af), (aq), (ar), and (at), 20.435 (6) (a) and (7) (da), and 20.445 (3) (a) and (dz) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town, or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.
33,8m
Section 8m. 13.101 (6) (a) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:
13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, or the University of Wisconsin System, or to any other state agency or activity, by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (cg), and (cr), and (r), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax), and (6) (aq), (ar), and (at), 20.435 (6) (a) and (7) (da), and 20.445 (3) (a) and (dz) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town, or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.
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Section
9. 13.101 (14) of the statutes is amended to read:
13.101 (14) With the concurrence of the joint committee on information policy and technology, direct the department of electronic government administration to report to the committee concerning any specific information technology system project in accordance with s. 13.58 (5) (b) 4.
33,10c
Section 10c. 13.101 (16) of the statutes is repealed.
33,10r
Section 10r. 13.101 (17) of the statutes is created to read:
13.101 (17) From the appropriation under s. 20.435 (2) (gk), the committee may approve expenditure of moneys received by the state under s. 51.06 (6) only to support any state activity conducted or performed on the property occupied or managed on the effective date of this subsection .... [revisor inserts date], by the department of health and family services or the department of corrections at the Northern Center for the Developmentally Disabled.
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11. 13.121 (1) of the statutes is amended to read:
13.121 (1) Current member. From the appropriation under s. 20.765 (1) (a) or (b) or (5), each member of the legislature shall be paid, in equal installments, the salary provided under s. 20.923.
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12. 13.121 (4) of the statutes is amended to read:
13.121 (4) Insurance. For the purpose of premium determinations under s. 40.05 (4) and (5) each member of the legislature shall accrue sick leave at a rate equivalent to a percentage of time worked recommended for such positions by the secretary of employment relations
director of the office of state human resources management and approved by the joint committee on employment relations in the same manner as compensation for such positions is determined under s. 20.923. This percentage of time worked shall be applied to the sick leave accrual rate established under s. 230.35 (2). The approved percentage shall be incorporated into the compensation plan under s. 230.12 (1).
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13. 13.123 (1) (a) 1. of the statutes is amended to read:
13.123 (1) (a) 1. Any member of the legislature who has signified, by affidavit filed with the department of administration, the necessity of establishing a temporary residence at the state capital for the period of any regular or special legislative session shall be entitled to an allowance for expenses incurred for food and lodging for each day that he or she is in Madison on legislative business, but not including any Saturday or Sunday unless the legislator is in actual attendance on such day at a session of the legislature or a meeting of a standing committee of which the legislator is a member. The amount of the allowance for each biennial session shall be 90% of the per diem rate for travel for federal government business within the city of Madison, as established by the federal general services administration. For the purpose of determining the amount of the allowance, the secretary of employment relations director of the office of state human resources management shall certify to the chief clerk of each house the federal per diem rate in effect on December 1, or the first business day thereafter if December 1 is not a business day, in each even-numbered year. Each legislator shall file an affidavit with the chief clerk of his or her house certifying the specific dollar amount within the authorized allowance the member wishes to receive. Such affidavit, when filed, shall remain in effect for the biennial session.
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14. 13.123 (1) (c) of the statutes is amended to read:
13.123 (1) (c) Each member shall certify to the chief clerk of the house in which the member serves, as promptly as may be following the 1st of each month, the number of days during the previous calendar month on which the member was in Madison on legislative business and for which the member seeks the allowance provided by this subsection. Such allowances shall be paid from the appropriation under s. 20.765 (1) (a) or (b) or (5) within one week after each calendar month; and shall be paid, upon the filing with the department of administration, the chief clerk's affidavit stating the number of days in Madison on legislative business for all members of the chief clerk's house.
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15. 13.123 (2) (intro.) of the statutes is amended to read:
13.123 (2) Interim expenses. (intro.) From the appropriation under s. 20.765 (1) (a) or (b) or (5), each member of the legislature shall be entitled to an expense allowance for postage and clerical assistance for each full calendar month during which the legislature is in actual session 3 days or less. No allowance is payable to a representative to the assembly unless the speaker of the assembly files with the chief clerk of the assembly a written authorization for the allowance to be paid. No allowance is payable to a senator unless the majority leader of the senate files with the chief clerk of the senate a written authorization for the allowance to be paid. An authorization filed under this subsection becomes effective for the month in which it is filed and continues in effect through the month in which the speaker of the assembly or the majority leader of the senate files a written revocation of the authorization with the chief clerk of the appropriate house. The rate of such allowance shall be as follows:
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Section
16. 13.123 (3) (a) of the statutes is amended to read:
13.123 (3) (a) Any senator authorized by the committee on senate organization to attend a meeting outside the state capital, any representative to the assembly authorized by the committee on assembly organization to attend an out-of-state meeting or authorized by the speaker to attend a meeting within this state outside the state capital, and all members of the legislature required by law, legislative rule, resolution or joint resolution to attend such meetings, shall be paid no additional compensation for such services but shall be reimbursed for actual and necessary expenses from the appropriation under s. 20.765 (1) (a) or (b) or (5), but no legislator may be reimbursed under this subsection for expenses on any day for which the legislator submits a claim under sub. (1).
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17. 13.125 of the statutes is amended to read:
13.125 Chaplains. The officiating chaplain of the senate and assembly shall be paid such amount as may be established by each house for each day of service from the appropriation under s. 20.765 (1) (a) or (b) or (5). Payment shall be made on certification by the chief clerk of the senate or of the assembly, respectively, showing the amount to which each chaplain is entitled.
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18. 13.14 (2) of the statutes is amended to read:
13.14 (2) Floral pieces. The senate and assembly may procure floral pieces for deceased or ill members of the legislature and state officers who, in the judgment of the presiding officer and chief clerk, have been identified with the legislative process. Such expenses shall be by voucher, signed by the presiding officer or chief clerk of the respective house, and shall be drawn on the appropriation under s. 20.765 (1) (a) or (b) or (5).
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19. 13.14 (3) of the statutes is amended to read:
13.14 (3) Travel; legislative personnel. The actual and necessary expenses of legislative policy research personnel, assistants to legislators, and research staff assigned to legislative committees incident to attending meetings outside the state capital shall be reimbursed from the appropriation under s. 20.765 (1) (a) or (b) or (5).
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20. 13.20 (2) of the statutes is amended to read:
13.20 (2) Pay ranges; duration of employment. All legislative employees shall be paid in accordance with the compensation and classification plan for employees in the classified civil service within ranges approved by the joint committee on legislative organization. The secretary of employment relations director of the office of state human resources management shall make recommendations concerning a compensation and classification schedule for legislative employees if requested to do so by the joint committee on legislative organization or by the committee on organization of either house. If the joint committee does not approve pay ranges for legislative employees, the committee on organization of either house may approve pay ranges for its employees. Appointments shall be made for the legislative session, unless earlier terminated by the appointing officer.
33,20d
Section 20d. 13.40 (1) (a) of the statutes is renumbered 13.40 (1) (am).
33,20h
Section 20h. 13.40 (1) (ad) of the statutes is created to read:
13.40 (1) (ad) "Compensation reserves" means the total estimated amount designated as compensation reserves for a given fiscal year as shown in the schedule under s. 20.005 (1) published in the biennial budget act or the modified total amount of compensation reserves for that fiscal year specified in any other act.
33,20p
Section 20p. 13.40 (1) (c) of the statutes is created to read:
13.40 (1) (c) "State operations" means all purposes except aids to individuals and organizations and local assistance.
33,20t
Section 20t. 13.40 (2) (intro.) of the statutes is amended to read:
13.40 (2) (intro.) Except as provided in sub. subs. (3) and (3m), the amount appropriated from general purpose revenue for each fiscal biennium, excluding any amount under an appropriation specified in sub. (3) (a) to (i), as determined under sub. (4), may not exceed the sum of:
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21. 13.40 (3) (b) of the statutes is amended to read:
13.40 (3) (b) An appropriation to honor a moral obligation undertaken pursuant to ss. 16.526 (8), 16.527 (10), 18.61 (5), 85.25 (5), 101.143 (9m) (i), 229.50 (7), 229.74 (7), 229.830 (7), 234.15 (4), 234.42 (4), 234.54 (4) (b), 234.626 (7), 234.93 (6), 234.932 (6), 234.933 (6), and 281.59 (13m).
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22. 13.40 (3) (fm) of the statutes is created to read:
13.40 (3) (fm) An appropriation for the 2003-05 fiscal biennium to make payments to counties, towns, villages, and cities under s. 79.035.
33,23m
Section 23m. 13.40 (3m) of the statutes is created to read:
13.40 (3m) (a) In addition to the limitations under sub. (2) and par. (am), the amount appropriated from general purpose revenue for state operations in fiscal year 2003-04, in fiscal year 2004-05, and in fiscal year 2005-06, plus the amount designated for compensation reserves from general purpose revenue but excluding the estimated amount to be expended from general purpose revenue for debt service for that fiscal year, may not exceed the amount appropriated from general purpose revenue for state operations in fiscal year 2002-03, plus the amount designated for compensation reserves from general purpose revenue but excluding the estimated amount to be expended from general purpose revenue for debt service for that fiscal year, as shown in the schedule under s. 20.005 (3) published in the 2001-02 Wisconsin Statutes.
(am) In addition to the limitations under sub. (2) and par. (a), the amount appropriated from general purpose revenue for state operations in fiscal year 2005-06 and in fiscal year 2006-07, excluding the estimated amount to be expended from general purpose revenue for debt service for that fiscal year, may not exceed the amount appropriated from general purpose revenue for state operations in fiscal year 2004-05, excluding the estimated amount to be expended from general purpose revenue for debt service for that fiscal year, as shown in the schedule under s. 20.005 (3) published in the 2003-04 Wisconsin Statutes, less $100,000,000.
(b) For purposes of par. (a), the amount of any sum sufficient appropriation for fiscal year 2002-03 is considered to be the amount shown in the schedule under s. 20.005 (3) as published in the 2001-02 Wisconsin Statutes, and the amount of any sum sufficient appropriation for any other fiscal year is considered to be the amount shown in the schedule under s. 20.005 (3) in the latest act specifying the estimated expenditures for that appropriation for that fiscal year. For purposes of par. (a), the amount of any biennial appropriation for fiscal year 2002-03 is considered to be the amount shown in the schedule under s. 20.005 (3) as published in the 2001-02 Wisconsin Statutes, and the amount of any biennial appropriation for any other fiscal year is considered to be the amount shown in the schedule under s. 20.005 (3) in the latest act specifying the amount appropriated for that appropriation for that fiscal year.
(bm) For purposes of par. (am), the amount of any sum sufficient appropriation for fiscal year 2004-05 is considered to be the amount shown in the schedule under s. 20.005 (3) as published in the 2003-04 Wisconsin Statutes, and the amount of any sum sufficient appropriation for any other fiscal year is considered to be the amount shown in the schedule under s. 20.005 (3) in the latest act specifying the estimated expenditures for that appropriation for that fiscal year. For purposes of par. (am), the amount of any biennial appropriation for fiscal year 2004-05 is considered to be the amount shown in the schedule under s. 20.005 (3) as published in the 2003-04 Wisconsin Statutes, and the amount of any biennial appropriation for any other fiscal year is considered to be the amount shown in the schedule under s. 20.005 (3) in the latest act specifying the amount appropriated for that appropriation for that fiscal year.
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24. 13.45 (3) (a) of the statutes is amended to read:
13.45 (3) (a) For any day for which the legislator does not file a claim under s. 13.123 (1), any legislator appointed to serve on a legislative committee or a committee to which the legislator was appointed by either house or the officers thereof shall be reimbursed from the appropriations under s. 20.765 (1) (a) or (b) or (5) for actual and necessary expenses incurred as a member of the committee.
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25. 13.48 (2) (j) of the statutes is amended to read:
13.48 (2) (j) No later than the first day of the 7th month after the effective date of each biennial budget act, the secretary of employment relations director of the office of state human resources management shall report to the building commission, in writing, regarding the desirability of including plans for day care facility space in the plans for any construction or major remodeling project, enumerated in the state building program in the biennial budget act, for any state office building. Based upon the report of the secretary of employment relations director of the office of state human resources management, the building commission may direct that plans for day care facility space be included in the plans for that construction or major remodeling project.
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26. 13.48 (14) (c) of the statutes is amended to read:
