Amendment SA1-SSA1-SB45

LRBb1559/1

ALL:all:all

1999 - 2000 LEGISLATURE

SENATE AMENDMENT 1, TO SENATE SUBSTITUTE AMENDMENT 1, TO 1999 SENATE BILL 45

June 30, 1999 - Offered by Senators Chvala, Risser, Moen and Burke.

SB45-SSA1-SA1,1,1 At the locations indicated, amend the substitute amendment as follows:

SB45-SSA1-SA1,1,2 1. Page 5, line 6: after that line insert:

SB45-SSA1-SA1,1,3 " Section 1bd. 5.58 (2) (a) of the statutes is amended to read:

SB45-SSA1-SA1,2,3 5.58 (2) (a) There shall be one separate ballot for state superintendent, judicial officers, county executive under s. 59.17 and, county supervisor and judicial officers, except judicial officers that are elected from a judicial subdistrict in the 1st judicial administrative district. In counties having a population of 500,000 or more, the ballot also shall include those offices under s. 8.11 (2) and (2m). The arrangement of names of candidates for state superintendent, justice, court of appeals judge and circuit court judge shall be determined by the board in the manner specified in s. 5.60 (1) (b). Arrangement of the names of candidates for county executive and county supervisor shall be determined by the county clerk or by the executive director of the county board of election commissioners in the manner specified in s. 5.60 (1) (b). The ballot shall be titled "Official Ballot for State Superintendent of Public Instruction, Judicial, County Executive and County Supervisor Primary".

SB45-SSA1-SA1, s. 1bh Section 1bh. 5.58 (2e) of the statutes is created to read:

SB45-SSA1-SA1,2,9 5.58 (2e) Circuit court subdistricts. In the 1st judicial administrative district, there shall be a separate ballot for the office of circuit judge elected from a judicial subdistrict. Arrangement of the names on the ballot shall be determined by the board in the manner specified in s. 5.60 (1) (b). The ballot shall be titled "Official Primary Ballot for the Office of Circuit Judge".

SB45-SSA1-SA1, s. 1bj Section 1bj. 5.58 (3) of the statutes is amended to read:

SB45-SSA1-SA1,3,3 5.58 (3) Names on spring ballot. Only 2 candidates for state superintendent, for any judicial office justice, court of appeals judge, circuit judge for each branch or circuit court within any judicial circuit, for any elected seat on a metropolitan sewerage commission or town sanitary district commission, in counties having a population of 500,000 or more only 2 candidates for member of the board of supervisors within each district, in counties having a population of less than 500,000 only 2 candidates for each member of the county board of supervisors from each district or numbered seat or only 4 candidates for each 2 members of the county board of supervisors from each district whenever 2 supervisors are elected to unnumbered seats from the same district, in 1st class cities only 2 candidates for any at-large seat and only 2 candidates from any election district to be elected to the board of school directors, in school districts electing school board members to numbered seats, or pursuant to an apportionment plan or district representation plan, only 2 school board candidates for each numbered seat or within each district, and twice as many candidates as are to be elected members of other school boards or other elective officers receiving the highest number of votes at the primary shall be nominees for the office at the spring election. Only their names shall appear on the official spring ballot.

SB45-SSA1-SA1, s. 1bL Section 1bL. 5.60 (1) (intro.) of the statutes is amended to read:

SB45-SSA1-SA1,3,13 5.60 (1) State superintendent; judiciary; county executive and county supervisors. (intro.) There shall be one separate ballot for state superintendent, judicial officers, county executive and , county supervisor and judicial officers, except judicial officers that are elected from a judicial subdistrict in the 1st judicial administrative district. For county supervisor, the ballot shall be prepared in accordance with ss. 5.58 (2) and 59.10 (3). Arrangement of the names of candidates for county executive and county supervisor shall be determined by the county clerk or the executive director of the county board of election commissioners in the manner prescribed in par. (b).

SB45-SSA1-SA1, s. 1bn Section 1bn. 5.60 (1) (a) of the statutes is renumbered 5.60 (1) (ar).

SB45-SSA1-SA1, s. 1bq Section 1bq. 5.60 (1) (ag) of the statutes is created to read:

SB45-SSA1-SA1,3,19 5.60 (1) (ag) In the 1st judicial administrative district, there shall be a separate ballot for the office of circuit judge elected from a judicial subdistrict. Arrangement of the names on the ballot shall be determined by the board in the manner specified under par. (b).

SB45-SSA1-SA1, s. 1bu Section 1bu. 5.60 (1) (c) of the statutes is amended to read:

SB45-SSA1-SA1,4,2 5.60 (1) (c) When 2 or more judges of the same court are to be elected, the official ballot shall contain the names of all candidates, shall state the number of judges to be elected and the number of candidates for whom each elector may vote. Each candidacy shall show the branch being filled. This paragraph does not apply to circuit judges to be elected from a judicial subdistrict in the 1st judicial administrative district.".

SB45-SSA1-SA1,4,3 2. Page 6, line 7: after that line insert:

SB45-SSA1-SA1,4,4 " Section 1jpp. 9.10 (1) (a) of the statutes is amended to read:

SB45-SSA1-SA1,4,10 9.10 (1) (a) The qualified electors of the state, of any county, city, village, town, of any congressional district, legislative district, judicial district or subdistrict or school district, or of any prosecutorial unit may petition for the recall of any incumbent elective official by filing a petition with the same official or agency with whom nomination papers or declarations of candidacy for the office are filed demanding the recall of the officeholder.".

SB45-SSA1-SA1,4,11 3. Page 6, line 7: after that line insert:

SB45-SSA1-SA1,4,12 " Section 1js. 13.093 (1) of the statutes is amended to read:

SB45-SSA1-SA1,4,16 13.093 (1) All bills introduced in either house of the legislature for the appropriation of money, providing for revenue or relating to taxation or that require a correctional fiscal estimate under sub. (3) shall be referred to the joint committee on finance before being passed.

SB45-SSA1-SA1, s. 1jt Section 1jt. 13.093 (2) (c) of the statutes is repealed.

SB45-SSA1-SA1, s. 1ju Section 1ju. 13.093 (3) and (4) of the statutes are created to read:

SB45-SSA1-SA1,5,10 13.093 (3) (a) All bills introduced in either house of the legislature that create a criminal offense for which a sentence to a state prison or a disposition of placement in a juvenile correctional facility may be imposed, that increase the period of imprisonment in a state prison or placement in a juvenile correctional facility for an existing criminal offense, that require a person to be sentenced to imprisonment in a state prison or a juvenile to be placed in a juvenile correctional facility, or that otherwise affect a penalty provision that increases the statewide probation, parole or extended supervision population shall incorporate a correctional fiscal estimate before any vote is taken thereon by either house of the legislature, if the bill is not referred to a standing committee, before any public hearing is held before a standing committee or, if no public hearing is held, before any vote is taken by the standing committee. The correctional fiscal estimate shall estimate the anticipated state fiscal liability for correctional capital and operational costs under the bill including a projection of such costs for the fiscal year in which the bill becomes effective and the 9 succeeding fiscal years. Correctional fiscal estimates shall be prepared as follows:

SB45-SSA1-SA1,5,21 1. The departments or agencies required to prepare the correctional estimate shall submit to the legislative fiscal bureau projections of the impact on statewide probationer, prisoner, parolee, extended supervision and juvenile corrections populations, an estimate of the fiscal impact of such population changes on state expenditures and a statement of the methodologies and assumptions used in making the population projections and estimates of fiscal impact. In preparing this information, a department or agency may request information from other departments or agencies. If a specific estimate cannot be determined, the departments or agencies shall provide an estimated cost range. The departments or agencies shall submit this information to the legislative fiscal bureau within 5 working days after the departments or agencies receive a copy of the bill.

SB45-SSA1-SA1,6,3 2. The legislative fiscal bureau shall review the information received from the departments or agencies under subd. 1. The legislative fiscal bureau shall consult with the departments or agencies from which information was received under subd. 1. and the departments or agencies shall provide information as requested by the legislative fiscal bureau as necessary to complete the review. Such review shall be completed within 5 working days from the date the legislative fiscal bureau receives the information under subd. 1.

SB45-SSA1-SA1,6,10 3. The departments or agencies preparing information under subd. 1. shall prepare a correctional fiscal estimate and submit it to the legislative reference bureau and the legislative fiscal bureau within 3 working days after the date the legislative fiscal bureau's review period under subd. 2. ends. If a department or agency cannot make a specific estimate, the department or agency shall establish assumptions, including population estimates, that allow a projection to be made and provide an estimated cost range.

SB45-SSA1-SA1,6,13 4. The legislative fiscal bureau shall prepare a statement of its review of the correctional fiscal estimate and submit it to the legislative reference bureau within 2 working days after receiving the correctional fiscal estimate.

SB45-SSA1-SA1,6,16 (b) The legislature shall reproduce and distribute correctional fiscal estimates under par. (a) 3. and statements under par. (a) 4. in the same manner as it reproduces and distributes amendments.

SB45-SSA1-SA1,6,22 (c) The legislative reference bureau shall determine whether a bill draft requires a correctional fiscal estimate. A bill draft that requires a correctional fiscal estimate under this subsection shall have that requirement noted on its jacket when the jacket is prepared. When a bill that requires a correctional fiscal estimate under this subsection is introduced, the legislative reference bureau shall submit a copy of the bill to the legislative fiscal bureau and the department of administration.

SB45-SSA1-SA1,7,10 (4) (a) In any bill that requires a correctional fiscal estimate under sub. (3), the joint committee on finance, before recommending the bill for passage, shall recommend adoption of an amendment to increase the appropriation under s. 20.855 (4) (em) in an amount equal to the amount of corrections capital and operational costs for the fiscal year in which those costs are estimated to be the highest multiplied by 2. This paragraph does not apply if the joint committee on finance determines that the bill does not increase state liability for corrections capital and operational costs or that the bill already contains a provision that increases the appropriation under s. 20.855 (4) (em) in an amount equal to the amount of corrections capital and operational costs for the fiscal year in which those costs are estimated to be the highest multiplied by 2. If the joint committee on finance determines that this paragraph does not apply, the committee's recommendation shall be accompanied by a statement to that effect.

SB45-SSA1-SA1,7,16 (b) Neither house of the legislature may vote on a bill that requires a correctional fiscal estimate under sub. (3) unless it has adopted an amendment to increase the appropriation under s. 20.855 (4) (em) as recommended by the joint committee on finance under par. (a). This provision does not apply to a bill for which the joint committee on finance has prepared a statement under par. (a) that the requirement under that paragraph does not apply to the bill.

SB45-SSA1-SA1,7,21 (c) Neither house of the legislature may vote on an amendment to the executive budget bill or bills introduced under s. 16.47 if the amendment meets the criteria of a bill that requires a correctional fiscal estimate under sub. (3) unless the only provisions in the amendment are identical to the provisions of an introduced bill for which the requirements under sub. (3) and par. (a) have been met.".

SB45-SSA1-SA1,7,22 4. Page 8, line 3: delete lines 3 to 9.

SB45-SSA1-SA1,7,23 5. Page 11, line 9: delete lines 9 to 13.

SB45-SSA1-SA1,8,3 6. Page 11, line 15: delete the material beginning with "(a)" and ending with "$3,500,000" on page 12, line 24, and substitute "The building commission may authorize up to $2,221,800".

SB45-SSA1-SA1,8,4 7. Page 13, line 2: delete "paragraph" and substitute "subsection".

SB45-SSA1-SA1,8,6 8. Page 13, line 3: delete the material beginning with "Before" and ending with "2." on line 8.

SB45-SSA1-SA1,8,7 9. Page 13, line 9: delete "under subd. 1.".

SB45-SSA1-SA1,8,8 10. Page 13, line 13: delete lines 13 to 16.

SB45-SSA1-SA1,8,9 11. Page 15, line 13: after that line insert:

SB45-SSA1-SA1,8,10 " Section 3ip. 13.48 (34) of the statutes is created to read:

SB45-SSA1-SA1,9,8 13.48 (34) Debt increase for the construction of a youth activities center by the Milwaukee Police Athletic League. (a) The legislature finds and determines that preventing youth from engaging in delinquent behavior, encouraging positive moral development in youth and providing youth with opportunities for positive interaction with the police are statewide responsibilities of statewide dimension. The legislature also finds and determines that the youth of the city of Milwaukee are disproportionately represented in the state's juvenile correctional system and that, because those youth are so disproportionately represented, the state has a specific concern in preventing those youth from engaging in delinquent behavior, encouraging positive moral development in those youth and providing those youth with opportunities for positive interaction with the police. In addition, the legislature finds and determines that the Milwaukee Police Athletic League prevents that delinquent behavior, encourages that positive moral development and provides those opportunities for positive interaction through the recreational, educational, social and cultural activities that it provides for the youth of the greater Milwaukee community. The legislature, therefore, finds and determines that assisting the Milwaukee Police Athletic League in the construction of a youth activities center at which the Milwaukee Police Athletic League will provide recreational, educational, social and cultural activities for the youth of the greater Milwaukee community under the supervision of volunteer police officers of the city of Milwaukee will have a direct and immediate effect on that specific statewide concern and on those state responsibilities of statewide dimension.

SB45-SSA1-SA1,9,17 (b) The building commission may authorize up to $1,000,000 in general fund supported borrowing to aid in the construction of a youth activities center by the Milwaukee Police Athletic League at the northeast corner of N. 24th Street and Burleigh Street in the city of Milwaukee. The state funding commitment for the construction of the center shall be in the form of a grant to the Milwaukee Police Athletic League. Before approving any state funding commitment for the center, the building commission shall determine that the Milwaukee Police Athletic League has secured additional funding at least equal to $4,074,000 from nonstate donations for the purpose of constructing the youth activities center.

SB45-SSA1-SA1,9,21 (c) If the building commission authorizes a grant to the Milwaukee Police Athletic League under par. (b) and if, for any reason, the facility that is constructed with funds from the grant is not used as a youth activities center, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.".

SB45-SSA1-SA1,9,22 12. Page 15, line 13: after that line insert:

SB45-SSA1-SA1,9,23 " Section 3im. 13.48 (33) of the statutes is created to read:

SB45-SSA1-SA1,10,9 13.48 (33) Swiss cultural center. (a) The building commission may authorize up to $1,000,000 in general fund supported borrowing to aid in the construction of a Swiss cultural center in the village of New Glarus. The state funding commitment under this paragraph shall be in the form of a grant to an organization known as the Swiss Cultural Center. Before approving any such state funding commitment, the building commission shall determine that the organization known as the Swiss Cultural Center has secured additional funding at least equal to $2,000,000 from nonstate donations for the purpose of constructing a Swiss cultural center in the village of New Glarus.

SB45-SSA1-SA1,10,14 (b) If the building commission authorizes a grant to the organization known as the Swiss Cultural Center under par. (a) and if, for any reason, the facility that is constructed with funds from the grant is not used as a Swiss cultural center in the village of New Glarus, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.".

SB45-SSA1-SA1,10,15 13. Page 19, line 12: after that line insert:

SB45-SSA1-SA1,10,16 " Section 4m. 13.94 (1) (p) of the statutes is created to read:

SB45-SSA1-SA1,10,20 13.94 (1) (p) No later than January 1, 2005, prepare a program evaluation audit of the private employer health care coverage program established under subch. X of ch. 40. The legislative audit bureau shall file a copy of the audit report under this paragraph with the distributees specified in par. (b).

SB45-SSA1-SA1, s. 4r Section 4r. 13.94 (1) (p) of the statutes, as created by 1999 Wisconsin Act .... (this act), section 4m, is repealed.".

SB45-SSA1-SA1,10,23 14. Page 20, line 10: after that line insert:

SB45-SSA1-SA1,10,24 " Section 1. 13.94 (8) of the statutes is created to read:

SB45-SSA1-SA1,11,2 13.94 (8) County and municipal best practices reviews. (a) In this subsection, "municipality" means a city, village or town.

SB45-SSA1-SA1,11,3 (b) The state auditor shall undertake periodic reviews to:

SB45-SSA1-SA1,11,5 1. Examine the procedures and practices used by counties and municipalities to deliver governmental services.

SB45-SSA1-SA1,11,6 2. Determine the methods of governmental service delivery.

SB45-SSA1-SA1,11,8 3. Identify variations in costs and effectiveness of such services between counties and municipalities.

SB45-SSA1-SA1,11,10 4. Recommend practices to save money or provide more effective service delivery.

SB45-SSA1-SA1,11,12 (c) The state auditor shall determine the frequency, scope and subject of any reviews conducted under par. (b).

SB45-SSA1-SA1,11,15 (d) To assist the state auditor with the selection of county and municipal practices to be reviewed by the auditor, the auditor shall establish an advisory council consisting of the following members appointed by the auditor:

SB45-SSA1-SA1,11,17 1. Two members chosen from among 6 names submitted by the Wisconsin Counties Association.

SB45-SSA1-SA1,11,19 2. One member chosen from among 3 names submitted by the League of Wisconsin Municipalities.

SB45-SSA1-SA1,11,21 3. One member chosen from among 3 names submitted by the Wisconsin Alliance of Cities.

SB45-SSA1-SA1,11,23 4. One member chosen from among 3 names submitted by the Wisconsin Towns Association.

SB45-SSA1-SA1,11,25 (e) The members of the council appointed under par. (d) shall serve without compensation.".

SB45-SSA1-SA1,12,1 15. Page 20, line 15: delete lines 15 to 19 and substitute: