Amendment AA1-ASA1-SB40

SB40-ASA1-AA1,29,12 (b) "Mandate," except in sub. (6), means a statutory provision placing a requirement on a local governmental unit and, in sub. (6), has the meaning given in s. 227.112 (1) (b). The term does not include any statutory provision that relates to employment discrimination or the compensation, benefits, leave, collective bargaining rights, or conditions of employment of employees or retirees of a local governmental unit or prevailing wages under s. 66.0903.

SB40-ASA1-AA1,29,18 (2) Creation. There is created a joint committee on state 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. At least one member of the majority party of each house who is appointed to the joint committee on state mandates must also be a member of the joint committee on finance.

SB40-ASA1-AA1,29,20 (3) Committee procedures. (a) The committee shall meet at the call of its cochairpersons.

SB40-ASA1-AA1,29,22 (b) All actions of the committee require the approval of a majority of all of the members.

SB40-ASA1-AA1,29,23 (4) Powers and duties. (a) The committee shall:

SB40-ASA1-AA1,30,2 1. Provide the legislature with a report under sub. (5) concerning each bill that would impose a mandate.

SB40-ASA1-AA1,30,4 2. On a regular basis, review existing mandates and evaluate their desirability as a matter of public policy, cost-effectiveness, and financial responsibility.

SB40-ASA1-AA1,30,5 (b) The committee may make investigations and hold hearings.

SB40-ASA1-AA1,30,13 (5) Report. (a) Upon the introduction in either house of the legislature of a bill that would impose a mandate, the bill shall at once be referred to the joint committee on state mandates by the presiding officer, unless the presiding officer determines that the mandate has a minimal fiscal effect on local governmental units. The bill may not be considered further by either house or any other committee until the earlier of 30 days after referral or the time at which the joint committee on state mandates submits a written report, to the chief clerk of the house in which the bill is introduced, doing all of the following:

SB40-ASA1-AA1,30,15 1. Describing the fiscal effect on state government and on local governmental units of the mandate contained in the bill.

SB40-ASA1-AA1,30,16 2. Identifying the objective of the mandate contained in the bill.

SB40-ASA1-AA1,30,18 3. Determining whether it is possible to achieve the objective without imposing a mandate.

SB40-ASA1-AA1,30,20 4. Determining whether the mandate contained in the bill is state-imposed or is addressing a requirement imposed by the federal government.

SB40-ASA1-AA1,30,25 5. Explaining the effect of the mandate contained in the bill on the revenues and expenditures of state government and local governmental units, including an explanation as to whether unrestricted or restricted state aid, grants, or tax benefits are currently being provided or potentially available under existing law to meet the costs of the mandate.

SB40-ASA1-AA1,31,2 6. Identifying whether the mandate contained in the bill has a recurring or nonrecurring impact.

SB40-ASA1-AA1,31,5 7. Identifying any method of reimbursement for any costs of the mandate contained in the bill or any method of waiver or appeal of the requirements contained in the mandate.

SB40-ASA1-AA1,31,7 8. Addressing whether it is appropriate to consider an expiration date for the mandate contained in the bill.

SB40-ASA1-AA1,31,9 9. Addressing the desirability of the mandate contained in the bill as a matter of public policy.

SB40-ASA1-AA1,31,11 10. Providing any other information that the committee considers to be appropriate.

SB40-ASA1-AA1,31,17 (b) If the committee's report concludes that the bill has a negative uncompensated fiscal effect on local governmental units, and that the mandate contained in the bill is wholly state-imposed, the committee shall prepare and offer an amendment to the bill that increases the amount of the appropriation under s. 20.505 (1) (bm) or such other appropriation designated in the amendment and creates any other provisions required by s. 13.591 (2).

SB40-ASA1-AA1,31,20 (c) The report under par. (a) shall be reproduced as an appendix to the bill and attached to it as are amendments. The reproduction shall be in lieu of inclusion in the daily journal of the house in which the bill is introduced.

SB40-ASA1-AA1,31,24 (6) Identification of mandates. (a) The legislative fiscal bureau shall identify all mandates, other than mandates that have a minimal fiscal effect, existing on the effective date of this paragraph .... [revisor inserts date], and submit that information to the joint committee on state mandates by January 1, 2009.

SB40-ASA1-AA1,32,3 (b) The committee shall introduce one or more bills amending the statutes in each house of the legislature repealing all mandates that are wholly state-imposed and that have a negative uncompensated fiscal effect on local governmental units.

SB40-ASA1-AA1, s. 9v Section 9v. 13.591 of the statutes is created to read:

SB40-ASA1-AA1,32,6 13.591 Funding of state-imposed mandates. (1) Definition. In this section, "mandate" has the meaning set forth in s. 13.59 (1) (b).

SB40-ASA1-AA1,32,14 (2) Appropriation increase. The legislature may not enact a bill on or after the effective date of this subsection .... [revisor inserts date], that contains a mandate unless the bill has had a public hearing before the joint committee on state mandates or contains an appropriation to provide for reimbursement under s. 16.59 for the current fiscal biennium, and requires that an appropriation be provided in all subsequent fiscal years in which the mandate is imposed, by the applicable amount specified in the report prepared under s. 13.59 (5), to provide for reimbursement under s. 16.59.

SB40-ASA1-AA1,32,19 (3) Enforcement prohibited if unfunded. If a bill that contains a mandate is enacted after the effective date of this subsection .... [revisor inserts date], is not in compliance with sub. (2), or if the legislature does not provide an appropriation as required by sub. (2) for the mandate, the mandate contained in the enacted bill may not be enforced until the required appropriation is provided.

SB40-ASA1-AA1,33,2 (4) Existing unfunded mandates. If the joint committee on state mandates determines that a law enacted or rule promulgated on or before the effective date of this subsection .... [revisor inserts date], contains a mandate that is wholly state-imposed and that has a negative uncompensated fiscal effect on local governmental units, the committee shall introduce a bill in each house of the legislature repealing the law or making the rule ineffective unless the committee determines that the uncompensated fiscal effect is minimal.".

SB40-ASA1-AA1,33,3 23. Page 7, line 15: after that line insert:

SB40-ASA1-AA1,33,4 " Section 9rg. 13.58 (5) (b) 5. of the statutes is created to read:

SB40-ASA1-AA1,33,10 13.58 (5) (b) 5. Review any University of Wisconsin System, institution, or college campus information technology project identified in a report submitted to the committee by the Board of Regents under s. 36.59 (7) to determine whether the project should be continued or implemented. The committee may forward any recommendations regarding the project to the governor and to the legislature under s. 13.172 (2).".

SB40-ASA1-AA1,33,11 24. Page 7, line 22: delete lines 22 to 25.

SB40-ASA1-AA1,33,12 25. Page 8, line 1: delete lines 1 to 25.

SB40-ASA1-AA1,33,13 26. Page 9, line 1: delete lines 1 to 25.

SB40-ASA1-AA1,33,14 27. Page 10, line 15: delete lines 15 to 24.

SB40-ASA1-AA1,33,15 28. Page 15, line 17: delete "family long-term" and substitute "family".

SB40-ASA1-AA1,33,16 29. Page 16, line 1: delete lines 1 to 8.

SB40-ASA1-AA1,33,17 30. Page 16, line 22: after that line insert:

SB40-ASA1-AA1,33,18 " Section 20m. 14.037 of the statutes is created to read:

SB40-ASA1-AA1,34,3 14.037 Legislative approval of Indian gaming on lands taken into trust after October 17, 1988. The governor may not concur with a determination of the U.S. secretary of the interior, under 25 USC 2719 (b) (1) (A), that a gaming establishment proposed to be located on lands acquired by the U.S. secretary of the interior in trust for the benefit of an Indian tribe after October 17, 1988, would be in the best interest of the Indian tribe and its members and would not be detrimental to the surrounding community, unless the legislature first concurs in the determination by joint resolution.".

SB40-ASA1-AA1,34,4 31. Page 16, line 23: delete lines 23 to 25.

SB40-ASA1-AA1,34,5 32. Page 17, line 1: delete lines 1 to 3.

SB40-ASA1-AA1,34,6 33. Page 17, line 13: after that line insert:

SB40-ASA1-AA1,34,7 " Section 24. 15.01 (2) of the statutes is amended to read:

SB40-ASA1-AA1,34,17 15.01 (2) "Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the Wisconsin waterways commission which shall consist of 5 members and the parole commission which shall consist of 8 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a "commission", but is not a commission for purposes of s. 15.06. The parole commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06. The sentencing commission created under s. 15.105 (27) shall be known as a "commission" but is not a commission for purposes of s. 15.06 (1) to (4m), (7), and (9).".

SB40-ASA1-AA1,34,20 34. Page 17, line 19: delete the material beginning with "office" and ending with "and the" on line 22 and substitute "office of justice assistance in the department of administration and the".

SB40-ASA1-AA1,34,23 35. Page 18, line 5: delete lines 5 to 7 and substitute "division shall be headed by an "administration,". The office of justice assistance in the department of administration and the office of credit unions in the".

SB40-ASA1-AA1,34,24 36. Page 18, line 9: delete "administration," and substitute "administration".

SB40-ASA1-AA1,35,2 37. Page 18, line 10: delete the material beginning with 0"the" and ending with "administration," on line 11.

SB40-ASA1-AA1,35,3 38. Page 18, line 12: after that line insert:

SB40-ASA1-AA1,35,4 " Section 26g. 15.04 (1) (n) of the statutes is created to read:

SB40-ASA1-AA1,35,7 15.04 (1) (n) Programmatic goals for grants and loans. Establish clear and measurable goals for each grant or loan program administered by the department or independent agency, including all of the following:

SB40-ASA1-AA1,35,8 1. Specific goals for the program that are tied to statutory policy objectives.

SB40-ASA1-AA1,35,10 2. At minimum, one quantifiable benchmark for each program goal described in subd. 1.

SB40-ASA1-AA1,35,14 3. A requirement that each contract with a recipient of a grant or loan under the program specify the frequency and format of reports to be submitted to the department or independent agency and the performance measures to be included in the reports.

SB40-ASA1-AA1,35,17 4. A method for evaluating the projected or anticipated results of the grant or loan program with actual outcomes as determined by evaluating the information described in subds. 1. to 3.

SB40-ASA1-AA1,35,20 5. A requirement that the department or independent agency annually and independently verify, from a sample of grants and loans, the accuracy of the information reported under subd. 3.".

SB40-ASA1-AA1,35,21 39. Page 18, line 20: delete lines 20 to 22.

SB40-ASA1-AA1,35,22 40. Page 19, line 13: delete lines 13 to 16 and substitute:

SB40-ASA1-AA1,35,23 " Section 33m. 15.105 (19) of the statutes is repealed.".

SB40-ASA1-AA1,35,24 41. Page 19, line 18: delete lines 18 to 22.

SB40-ASA1-AA1,36,1 42. Page 19, line 23: delete lines 23 to 25.

SB40-ASA1-AA1,36,2 43. Page 20, line 1: delete lines 1 and 2.

SB40-ASA1-AA1,36,3 44. Page 20, line 10: delete lines 10 to 24.

SB40-ASA1-AA1,36,4 45. Page 21, line 1: delete lines 1 to 25.

SB40-ASA1-AA1,36,5 46. Page 22, line 1: delete lines 1 to 25.

SB40-ASA1-AA1,36,6 47. Page 23, line 1: delete lines 1 to 20.

SB40-ASA1-AA1,36,7 48. Page 23, line 20: after that line insert:

SB40-ASA1-AA1,36,8 " Section 67g. 15.255 (1) (a) (intro.) of the statutes is amended to read:

SB40-ASA1-AA1,36,9 15.255 (1) (a) (intro.) The board shall be composed of 15 14 members as follows:

SB40-ASA1-AA1, s. 67m Section 67m. 15.255 (1) (a) 7. of the statutes is repealed.".

SB40-ASA1-AA1,36,12 49. Page 23, line 21: delete the material beginning with that line and ending with page 24, line 9.

SB40-ASA1-AA1,36,13 50. Page 24, line 9: after that line insert:

SB40-ASA1-AA1,36,14 " Section 68d. 15.497 (2) (a) of the statutes is amended to read:

SB40-ASA1-AA1,37,3 15.497 (2) (a) One representative each of the state departments of the American Legion, the Disabled American Veterans, the Veterans of Foreign Wars, the Marine Corps League, the Navy Club of the U.S.A., the Veterans of World War II (AMVETS), the Veterans of World War I of the U.S.A., Inc., the American Ex-prisoners of War, the Vietnam Veterans Against the War, Inc., the Vietnam Veterans of America, Inc., the Catholic War Veterans of the U.S.A., the Jewish War Veterans of the U.S.A., the Polish Legion of American Veterans, the National Association for Black Veterans, Inc., the Army and Navy Union of the United States of America, the Wisconsin Association of Concerned Veteran Organizations, the United Women Veterans, Inc., the U.S. Submarine Veterans of World War II, the Federation of Minority Veterans, Inc., the Wisconsin Vietnam Veterans, Inc., and the Military Order of the Purple Heart.

SB40-ASA1-AA1, s. 68e Section 68e. 15.497 (2) (e) of the statutes is created to read:

SB40-ASA1-AA1,37,6 15.497 (2) (e) One representative of the Wisconsin Council of the Military Officers Association of America.

SB40-ASA1-AA1, s. 68f Section 68f. 15.497 (2) (f) of the statutes is created to read:

SB40-ASA1-AA1,37,8 15.497 (2) (f) One representative of The Retired Enlisted Association.".

SB40-ASA1-AA1,37,9 51. Page 25, line 6: delete "235, and" and substitute "235, and".

SB40-ASA1-AA1,37,10 52. Page 25, line 6: after that line insert:

SB40-ASA1-AA1,37,11 " Section 69m. 16.003 (2) of the statutes is amended to read:

SB40-ASA1-AA1,37,15 16.003 (2) Staff. Except as provided in ss. 16.548, 16.57, 978.03 (1), (1m) and (2), 978.04 and 978.05 (8) (b), the secretary shall appoint the staff necessary for performing the duties of the department. All staff shall be appointed under the classified service except as otherwise provided by law.".

SB40-ASA1-AA1,37,16 53. Page 26, line 22: delete "235, or" and substitute "235, or".

SB40-ASA1-AA1,37,17 54. Page 27, line 3: delete lines 3 to 10.

SB40-ASA1-AA1,37,18 55. Page 27, line 20: delete lines 20 to 25.

SB40-ASA1-AA1,37,19 56. Page 28, line 1: delete lines 1 to 23.

SB40-ASA1-AA1,37,20 57. Page 29, line 1: delete lines 1 to 8.

SB40-ASA1-AA1,37,21 58. Page 29, line 9: delete lines 9 to 15.