2005 WISCONSIN ACT 25
(Vetoed in Part)
An Act relating to: state finances and appropriations, constituting the executive budget act of the 2005 legislature.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
25,1c
Section 1c. 1.13 (3) of the statutes is repealed.
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), and (ar), and (au), 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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2. 13.101 (13) of the statutes is repealed.
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3. 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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4. 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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5. 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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6. 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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7. 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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8. 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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9. 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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10. 13.40 (3) (fm) of the statutes is amended to read:
13.40 (3) (fm) An appropriation for the 2003-05 2005-07 fiscal biennium to make payments to counties, towns, villages, and cities under s. 79.035.
25,10m
Section 10m. 13.40 (3) (g) of the statutes is amended to read:
13.40 (3) (g) An appropriation to make a transfer from the general fund to the budget stabilization
taxpayer protection fund under s. 20.875 (1) (a).
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11. 13.40 (3) (jm) of the statutes is created to read:
13.40 (3) (jm) An appropriation under s. 20.505 (1) (br).
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12. 13.40 (3m) (a) of the statutes is repealed.
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13. 13.40 (3m) (ae) of the statutes is created to read:
13.40 (3m) (ae) In this subsection, an "excluded appropriation" consists of all of the following:
1. State operations appropriations for the Board of Regents of the University of Wisconsin System.
2. Appropriations for fuel and utility costs.
3. An appropriation under s. 20.505 (1) (br).
4. An appropriation under s. 20.855 (4) (c) and (cm).
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14. 13.40 (3m) (am) of the statutes is amended to read:
13.40 (3m) (am) In addition to the limitations limitation 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,, less any excluded appropriation and 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, less any excluded appropriation and 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.
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15. 13.40 (3m) (b) of the statutes is repealed.
25,15m
Section 15m. 13.41 of the statutes is created to read:
13.41 Limit on expenditure of general fund revenues; taxpayer protection fund balances. (1) In this section:
(a) "Consumer price index" has the meaning given in s. 16.004 (8) (e) 1.
(b) "Compensation reserves" has the meaning given in s. 13.40 (1) (ad).
(c) "General fund revenues" means the sum of general fund tax receipts, departmental revenues deposited in the general fund without being credited to a program revenue account, and transfers to the general fund from other funds or from program revenue accounts.
(d) "General purpose revenue" has the meaning given for "general purpose revenues" in s. 20.001 (2) (a).
(e) "Prior year growth in the consumer price index" means the percentage change in the consumer price index between the calendar year in which the preceding fiscal year began and the calendar year in which the 2nd preceding fiscal year began, but not less than zero.
(f) "Prior year growth in state population" means the percentage change in the state population, as estimated under s. 16.96, between the calendar year in which the preceding fiscal year began and the calendar year in which the 2nd preceding fiscal year began, but not less than zero.
(g) "Program revenue" has the meaning given for "program revenues" in s. 20.001 (2) (b).
(2) Beginning in fiscal year 2007-08, the sum of appropriations from general purpose revenues, general fund compensation reserves, and transfers to other funds, minus estimated lapses from appropriations of general purpose revenues, as shown under s. 20.005 (1), in each fiscal year may not exceed the amount of the general fund revenues received by the state in the previous fiscal year increased by the sum of the prior year growth in the consumer price index, the prior year growth in state population, and 1 percent. The limitation imposed under this subsection is in addition to the limitation imposed under s. 13.40.
(3) Any general fund revenues in excess of the amount that may be budgeted for expenditure in any fiscal year under sub. (2) shall be deposited in the taxpayer protection fund at the end of the fiscal year. The amount deposited under this subsection includes any amount that is required to be transferred to the taxpayer protection fund under ss. 13.48 (14) (c), 16.518 (3), 16.72 (4) (b), and 16.848 (5m).
(4) Moneys in the taxpayer protection fund may only be appropriated upon a recommendation from the governor and an affirmative vote of three-fourths of the members voting in each house of the legislature.
(5) If the balance in the taxpayer protection fund at the end of any fiscal year exceeds 10 percent of the amount that may be budgeted for expenditure in that fiscal year under sub. (2), the amount in excess of 10 percent of the amount that may be budgeted for expenditure under sub. (2) shall be returned to taxpayers in the following fiscal year through a reduction in state income taxes, in a manner determined by the legislature by law.
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16. 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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Section 16m. 13.48 (2) (k) 1. of the statutes is renumbered 13.48 (2) (k).
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Section 16n. 13.48 (2) (k) 2. of the statutes is repealed.
25,16p
Section 16p. 13.48 (7) of the statutes is renumbered 13.48 (7) (a).
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Section 16r. 13.48 (7) (b) of the statutes is created to read:
13.48 (7) (b) In making recommendations for the long-range state building program in any fiscal biennium under par. (a), the building commission shall seek to recommend that any increase in general fund supported borrowing for the succeeding fiscal biennium not exceed an amount equal to $480,000,000, adjusted each fiscal biennium by any percentage change in construction costs, as determined by the building commission, and reduced by both of the following:
1. Any amount of general fund supported borrowing previously authorized by law, but the obligations for which may not be issued until the succeeding fiscal biennium.
2. Any amount of general fund supported borrowing for the succeeding fiscal biennium that is contained in the executive bill or bills introduced under s. 16.47 (1) for the succeeding fiscal biennium.
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17. 13.48 (14) (a) of the statutes is amended to read:
13.48 (14) (a) In this subsection, "agency" has the meaning given for "state agency" in s. 20.001 (1), except that prior to July 1, 2007, the term does not include the Board of Regents of the University of Wisconsin System.
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Section 17m. 13.48 (14) (c) of the statutes is amended to read:
13.48 (14) (c) If there is any outstanding public debt used to finance the acquisition of a building, structure or land or the construction of a building or structure that is sold or leased under par. (b), the building commission shall deposit a sufficient amount of the net proceeds from the sale or lease of the building, structure or land in the bond security and redemption fund under s. 18.09 to repay the principal and pay the interest on the debt, and
any premium due upon refunding any of that debt. Except as provided in s. 51.06 (6), if there is no such debt outstanding, or, if the net proceeds exceed the amount required to repay that principal and pay that interest and premium, the building commission shall deposit the net proceeds or remaining net proceeds in the budget stabilization taxpayer protection fund.
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18. 13.48 (14) (d) 4. of the statutes is amended to read:
13.48 (14) (d) 4. If the commission proposes to sell or transfer a parcel of surplus land having a fair market value of at least $20,000, the commission shall notify the joint committee on finance in writing of its proposed action. If the cochairpersons of the committee do not notify the commission that the committee has scheduled a meeting for the purpose of reviewing the proposed sale or transfer within 14 working days after the date of the commission's notification, the parcel may be sold or transferred by the commission. If, within 14 working days after the date of the commission's notification, the cochairpersons of the committee notify the commission that the committee has scheduled a meeting for the purpose of reviewing the proposed sale or transfer, the parcel may be sold or transferred under this subdivision only upon approval of the committee. This subdivision does not apply to surplus land that is authorized to be sold under s. 16.848.
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19. 13.48 (22) of the statutes is amended to read:
