Amendment JR2 AA1-ASA1-AB1

LRBb2608/1

ALL:all:all

January 2002 Special Session

2001 - 2002 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 1

March 14, 2002 - Offered by Representatives Jensen, Gard, Foti and Ladwig.

AB1-ASA1-AA1,1,1 At the locations indicated, amend the substitute amendment as follows:

AB1-ASA1-AA1,1,2 1. Page 3, line 12: after that line insert:

AB1-ASA1-AA1,1,3 " Section 1g. 7.15 (2) (d) of the statutes is amended to read:

AB1-ASA1-AA1,2,2 7.15 (2) (d) Whenever the governing body of any municipality submits any question to a vote of the electors or whenever a proper recall petition and certificate are filed under s. 9.10, the municipal clerk shall issue a call for the election and prepare and distribute ballots as required in the authorization of submission or as provided in s. 9.10. The date of the referendum shall be established in accordance with s. 8.065, and shall be fixed by the municipal clerk or board of election commissioners unless otherwise provided by law or unless the governing body fixes a date. The ballot for any referendum shall conform to s. 5.64 (2). If there is already an official municipal referendum ballot for the election, the question may appear on the same ballot.

AB1-ASA1-AA1, s. 1j Section 1j. 8.05 (3) (d) and (e) of the statutes are amended to read:

AB1-ASA1-AA1,2,9 8.05 (3) (d) The question of adoption of the nonpartisan primary under this subsection may be submitted to the electors at any regular election authorized under s. 8.065 to be held in the town or at a special election called for the purpose. When a petition requesting adoption of the nonpartisan primary conforming to the requirements of s. 8.40 signed by at least 20 electors of the town is filed with the town clerk as provided in s. 8.37, the question shall be submitted to a vote.

AB1-ASA1-AA1,2,14 (e) Petitions requesting a vote on the question at a regular town election shall be filed in accordance with s. 8.37 no later than 5 p.m. the last Tuesday in February. When the petition is filed, the clerk shall check its sufficiency. Whether at a regular or special election, the The clerk shall give separate notice by one publication in a newspaper at least 5 days before the election.

AB1-ASA1-AA1, s. 1L Section 1L. 8.06 of the statutes is amended to read:

AB1-ASA1-AA1,2,19 8.06 Special elections may be called. Towns, cities, villages and school districts may call special elections for any purpose whenever such action is authorized or required by law. If an election is called for a special referendum, the election shall be called and noticed under as provided in s. 8.55.

AB1-ASA1-AA1, s. 1n Section 1n. 8.065 of the statutes is created to read:

AB1-ASA1-AA1,2,22 8.065 Scheduling of referenda. (1) In this section, "local governmental unit" has the meaning given in s. 16.97 (7).

AB1-ASA1-AA1,3,2 (2) Unless otherwise required by law or unless authorized under sub. (3), a referendum held by any local governmental unit that is authorized or required by law to hold a referendum may only be held on the date of the spring primary, spring election, September primary, or general election, or on the 2nd Tuesday in September or the first Tuesday after the first Monday in November of an odd-numbered year.

AB1-ASA1-AA1,3,16 (3) If a local governmental unit wishes to hold a special referendum on a date that is not concurrent with an election specified in s. 5.02 (5), (18), (21), or (22) or on a date other than the 2nd Tuesday in September or the first Tuesday after the first Monday in November of an odd-numbered year, the local governmental unit may petition the referendum appeal board for a determination that an emergency exists with respect to a particular question. The referendum appeal board shall make a determination within 10 days after receipt of a petition under this subsection. If the referendum appeal board finds, with the concurrence of at least 4 members, that an emergency exists which requires a special referendum to be held by a local governmental unit on a date that is not concurrent with an election specified in s. 5.02 (5), (18), (21), or (22) or on a date other than the 2nd Tuesday in September or the first Tuesday after the first Monday in November of an odd-numbered year, the board may permit a referendum relating to the question specified in the petition to be held on a date determined by the local governmental unit.

AB1-ASA1-AA1, s. 1p Section 1p. 9.20 (4) of the statutes is amended to read:

AB1-ASA1-AA1,4,4 9.20 (4) The common council or village board shall, without alteration, either pass the ordinance or resolution within 30 days following the date of the clerk's final certificate, or submit it to the electors at the next spring or general election authorized under s. 8.065, if the election is more than 6 weeks after the date of the council's or board's action on the petition or the expiration of the 30-day period, whichever first occurs. If there are 6 weeks or less before the election, the ordinance or resolution shall be voted on at the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) thereafter. The council or board by a three-fourths vote of the members-elect may order a special election for the purpose of voting on the ordinance or resolution at any time prior to the next election, but not more than one special election for direct legislation may be ordered in any 6-month period.".

AB1-ASA1-AA1,4,5 2. Page 5, line 4: after that line insert:

AB1-ASA1-AA1,4,6 " Section 6d. 13.123 (2) of the statutes is repealed.

AB1-ASA1-AA1, s. 6f Section 6f. 13.123 (3) (c) of the statutes is amended to read:

AB1-ASA1-AA1,4,9 13.123 (3) (c) Paragraph (b) may not be construed to affect eligibility for any allowance authorized under sub. (1) or (2).".

AB1-ASA1-AA1,4,10 3. Page 5, line 4: after that line insert:

AB1-ASA1-AA1,4,11 " Section 7m. 13.205 of the statutes is created to read:

AB1-ASA1-AA1,4,17 13.205 Legislative hotline prohibited. (1) Except as provided in sub. (2), the joint committee on legislative organization, the assembly committee on organization, and the senate committee on organization may not maintain a toll-free telephone service for the use of members of the public to contact members of the legislature or for the use of members of the legislature to contact members of the public.

AB1-ASA1-AA1,4,22 (2) An organization committee under sub. (1) may maintain or allow the maintenance of one toll-free telephone service per member of the legislature for the use of members of the public to contact the member of the legislature. The senate committee on organization and the assembly committee on organization shall publish the number of the toll-free telephone service of each member of its house.".

AB1-ASA1-AA1,4,23 4. Page 5, line 4: after that line insert:

AB1-ASA1-AA1,5,2 " Section 6n. 13.101 (16) (b) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-AA1,5,7 13.101 (16) (b) Annually, on June 15, beginning in 2004, the committee shall transfer from the permanent endowment fund to the tobacco control fund the lesser of $25,000,000 or 8.5% of the market value of the investments in the permanent endowment fund on June 1 in that year the proceeds of, and investment earnings on, investments of the permanent endowment fund in the prior calendar year.".

AB1-ASA1-AA1,5,8 5. Page 5, line 4: after that line insert:

AB1-ASA1-AA1,5,10 " Section 7d. 13.40 (2) (a) of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 13.40 (2) (a) 1. and amended to read:

AB1-ASA1-AA1,5,18 13.40 (2) (a) 1. The Except as provided in subd. 2., the amount appropriated from general purpose revenue, excluding any amount under an appropriation specified in sub. (3), for the 2nd fiscal year of the prior fiscal biennium as determined under sub. (4), multiplied by the sum of 1.0 and the annual percentage change in this state's aggregate personal income less 1%, expressed as a decimal, for the calendar year that begins on the January 1 that immediately precedes the first year of the fiscal biennium, as estimated by the legislative fiscal bureau, in consultation with the department of revenue, no later than November 20 of each even-numbered year.

AB1-ASA1-AA1, s. 7e Section 7e. 13.40 (2) (a) 2. of the statutes is created to read:

AB1-ASA1-AA1,6,2 13.40 (2) (a) 2. If the annual percentage change in this state's aggregate personal income less 1%, expressed as a decimal, for the calendar year that begins on the January 1 that immediately precedes the first year of the fiscal biennium is not a positive number, the amount appropriated from general purpose revenue, excluding any amount under an appropriation specified in sub. (3), for the 2nd fiscal year of the prior fiscal biennium as determined under sub. (4).

AB1-ASA1-AA1, s. 7f Section 7f. 13.40 (2) (b) of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 13.40 (2) (b) 1. and amended to read:

AB1-ASA1-AA1,6,10 13.40 (2) (b) 1. The Except as provided in subd. 2., the amount determined under par. (a) multiplied by the sum of 1.0 and the annual percentage change in this state's aggregate personal income less 1%, expressed as a decimal, for the calendar year that begins on the January 1 that immediately precedes the 2nd year of the fiscal biennium, as estimated by the legislative fiscal bureau, in consultation with the department of revenue, no later than November 20 of each even-numbered year.

AB1-ASA1-AA1, s. 7g Section 7g. 13.40 (2) (b) 2. of the statutes is created to read:

AB1-ASA1-AA1,6,15 13.40 (2) (b) 2. If the annual percentage change in this state's aggregate personal income less 1%, expressed as a decimal, for the calendar year that begins on the January 1 that immediately precedes the 2nd year of the fiscal biennium is not a positive number, the amount determined under par. (a).".

AB1-ASA1-AA1,6,16 6. Page 5, line 4: after that line insert:

AB1-ASA1-AA1,6,17 " Section 6p. 13.085 of the statutes is created to read:

AB1-ASA1-AA1,6,21 13.085 Passage of bills increasing certain net revenues. The passage in either house of the legislature of any law to provide by law for a net increase in revenues from state sales taxes, income taxes, and franchise taxes requires the approval of two-thirds of the members present.".

AB1-ASA1-AA1,6,22 7. Page 8, line 2: after that line insert:

AB1-ASA1-AA1,6,23 " Section 9m. 13.59 of the statutes is created to read:

AB1-ASA1-AA1,7,2 13.59 Joint survey committee on mandates. (1) Definitions. In this section:

AB1-ASA1-AA1,7,3 (a) "Political subdivision" has the meaning given in s. 66.0143 (1) (a).

AB1-ASA1-AA1,7,4 (b) "State mandate" has the meaning given in s. 66.0143 (1) (b).

AB1-ASA1-AA1,7,8 (2) Creation. There is created a joint survey committee on mandates, consisting of 3 majority party and 2 minority party senators and 3 majority party and 2 minority party representatives to the assembly, appointed as are the members of standing committees in their respective houses.

AB1-ASA1-AA1,7,10 (3) Committee procedures. (a) The committee shall meet at the call of either or both of its cochairpersons.

AB1-ASA1-AA1,7,12 (b) All actions of the committee require the approval of a majority of all of the members.