LRB-0207

LRB-0207/9

RAC:nwn/kjf/cjs:ph

2011 - 2012 LEGISLATURE

DOA:......Frederick, BB0061 - DOA Secretary Lapse Authority

For 2011-13 Budget -- Not Ready For Introduction

An Act ...; relating to: the budget.

Analysis by the Legislative Reference Bureau

State government

State finance

This bill requires the secretary of administration to lapse to the general fund from the unencumbered balances of general purpose revenue and program revenue appropriations to executive branch state agencies, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $72,500,000 in each fiscal year of the 2011-13 and 2013-15 fiscal biennia, subject to a 14-day passive review process by JCF. Under the bill, all executive branch state agencies, except for the UW System with respect to its program revenue appropriations, are subject to the lapse provisions. The bill further requires the secretary to make additional lapses to the general fund from general purpose revenue and program revenue appropriations to most executive branch state agencies and the courts during the 2011-13 and 2013-15 fiscal biennia.

The bill requires the cochairpersons of the Joint Committee on Legislative Organization to take actions during the 2011-13 and 2013-15 fiscal biennia to ensure that from general purpose revenue appropriations to the legislature an amount equal to $9,232,200 is lapsed from sum certain appropriation accounts or is subtracted from the expenditure estimates for any other types of appropriations, or both, in each fiscal biennium.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Section 9230. Fiscal changes; Legislature.

(1) Appropriation lapses and reestimates. The cochairpersons of the joint committee on legislative organization shall take actions during the 2011-13 and 2013-15 fiscal biennia to ensure that from general purpose revenue appropriations to the legislature under section 20.765 of the statutes an amount equal to $9,232,200 is lapsed from sum certain appropriation accounts or is subtracted from the expenditure estimates for any other types of appropriations, or both, in each fiscal biennium.

Section 9255. Fiscal changes; Other.

(1) Lapse of unencumbered moneys from state agency general purpose revenue and program revenue appropriation accounts.

(a) In this subsection, "executive branch state agency" means any office, department, or independent agency in the executive branch of state government.

(b) Notwithstanding section 20.001 (3) (a) to (c) of the statutes, but subject to paragraph (e), the secretary of administration shall lapse to the general fund from the unencumbered balances of general purpose revenue and program revenue appropriations to executive branch state agencies, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $72,500,000 in each fiscal year of the 2011-13 and 2013-15 fiscal biennia. Before lapsing any moneys under this paragraph, the secretary shall develop a plan for lapsing the moneys and shall submit the plan to the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the secretary within 14 working days after the date of the submittal of the plan that the committee has scheduled a meeting to review the plan, the plan may be implemented by the secretary. If, within 14 days after the date of the submittal of the plan, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting to review the plan, moneys may be lapsed only after the plan has been approved by the committee.

(c) Subject to paragraph (e), the secretary of administration shall lapse to the general fund, from the unencumbered balances of program revenue appropriations to the following executive branch state agencies, and the courts, the following amounts in each fiscal year of each fiscal biennium indicated: - See PDF for table

(d) Subject to paragraph (e), the secretary of administration shall lapse to the general fund, from the unencumbered balances of general purpose revenue and program revenue appropriations to the following executive branch state agencies, the following amounts in each fiscal year of each fiscal biennium indicated: - See PDF for table

(e) 1. The secretary of administration may not lapse moneys under paragraphs (b), (c ), and (d) if the lapse would violate a condition imposed by the federal government on the expenditure of the moneys or if the lapse would violate the federal or state constitution. The secretary also may not lapse any amount from program revenue appropriations under section 20.285 of the statutes.

2. For the purpose of submitting information under section 16.42 of the statutes for purposes of preparing the 2013-15 biennial budget bill, each executive branch state agency subject to paragraph (d ) shall adjust its base general purpose revenue appropriation levels to reflect the general purpose revenue lapses under paragraph (d).

(End)