AB117: Bill Text

LRB-1063/1

RAC&JTK:nwn&jld:rs

2009 - 2010 LEGISLATURE

2009 Assembly BILL 117

March 4, 2009 - Introduced by Representatives Kaufert, Bies, Brooks, Roth, Van Roy, Townsend, Lothian and Mursau, cosponsored by Senators Cowles, Ellis and A. Lasee. Referred to Joint Committee on Finance.

AB117,2,2 An Act to renumber and amend 16.45; to amend 13.121 (1), 13.123 (1) (c), 13.45 (3) (a), 13.48 (7) and 16.53 (1) (d) 1.; and to create 11.24 (4), 11.60 (3p), 13.085, 13.086, 13.124, 16.42 (3), 16.45 (2) and 20.923 (19) of the statutes; relating to: withholding of pay of certain state elected officials and prohibiting the reimbursement of certain legislator expenses; acceptance of certain political contributions by certain elective state officials and committees; deadlines for the transmittal of the Building Commission's long-range state building program recommendations and the delivery of the governor's biennial budget message; submission of a report on the timeliness of the submittal of agency biennial budget requests; legislative consideration of biennial budget bill; operation of legislature before passage of biennial budget bill; and providing a penalty.

Analysis by the Legislative Reference Bureau

Withholding of pay of certain state elected officials and prohibiting the reimbursement of certain legislator expenses

This bill provides that, if the legislature has not passed a biennial budget bill before August 1 of the odd-numbered year, the governor, lieutenant governor, secretary of state, state treasurer, attorney general, and each member of the legislature may not receive any installments of their salaries until the legislature has passed a biennial budget bill. In addition, the bill provides that no member of the legislature may be paid any expenses to which the member is entitled for food and lodging for each day that he or she is in Madison on legislative business or for work as a member of a committee between August 1 of the odd-numbered year and the date on which the legislature passes a biennial budget bill.

Under the bill, upon passage of a biennial budget bill, the state elected officials specified above are to be paid all salary installments that were withheld during the period before passage of the biennial budget bill. If the legislature has not passed a biennial budget bill before the end of the legislative session, however, the state elected officials are to be paid all salary installments on the last day of the session that were withheld during the session.

Acceptance of certain political contributions by certain elective state officials and committees

The bill prohibits any incumbent partisan elective state official or his or her personal campaign or authorized support committee from accepting any political contribution for the purpose of promoting his or her nomination or reelection to the office held by the official during the period from the first Monday in January of each odd-numbered year through the date of enactment of the biennial budget act. The prohibition does not apply to contributions accepted by an incumbent official who is subject to a recall election or by the official's personal campaign or authorized support committee from the date on which the petition for a recall election is filed until the date of the recall election.

Violators are subject to a forfeiture (civil penalty) of treble the amount or value of any unlawful contribution. Intentional violators are guilty of a misdemeanor and may be fined not more than $1,000 or imprisoned for not more than six months or both.

Development of state biennial budget

Currently, the governor is required to deliver the budget message, along with the biennial state budget report and executive budget bill or bills, on or before the last Tuesday in January of the odd-numbered year, unless the governor requests a later date and the legislature approves the later date by joint resolution.

The bill provides, generally, that the governor must deliver the budget message on or before the second Tuesday in January of the odd-numbered year. If January 1 in an odd-numbered year falls on a Tuesday, however, the budget message must be delivered on or before the third Tuesday in January of the odd-numbered year. If a governor is newly elected and not an incumbent, the governor must deliver his or her first budget message on or before the fourth Tuesday in January in the year following the governor's election. If January 1 in the year following the election of a newly elected, nonincumbent governor falls on a Tuesday, the deadline for the budget message is the fifth Tuesday in January in the year following that election. The bill also eliminates a current law provision that authorizes the governor to request, and the legislature to approve by joint resolution, a date later than the statutory deadline for the delivery of the governor's budget message.

Currently, the Building Commission must transmit the portions of its recommended budget for the long-range state building program that require legislative approval to the Joint Committee on Finance (JCF) by the first Tuesday in April of each odd-numbered year, unless the Building Commission requests a later date and that later date is approved by JCF. The bill changes this submittal deadline to the first Tuesday in March of each odd-numbered year.

Currently, all executive branch state agencies are required to submit their biennial budget requests to the Department of Administration (DOA) and the Legislative Fiscal Bureau no later than September 15 of each even-numbered year. The bill requires DOA to report to the legislature by October 1 of each even-numbered year which agencies met the September 15 deadline and which were late, and, for those that were late, the reason for the delay in their submission.

Legislative consideration of biennial budget bill

The bill provides that the assembly and senate may not consider an amendment or substitute amendment to a biennial budget bill that contains a nonfiscal policy that has no or minimal state fiscal effect or a private or local measure.

The bill further provides that the cochairpersons of JCF must identify all items in any biennial budget bill that, in the opinion of the cochairpersons, propose a nonfiscal policy that has no or minimal state fiscal effect or a private or local measure. Under the bill, the cochairpersons must request the Legislative Reference Bureau (LRB) to draft each of the items, including any related appropriations, as a separate bill for introduction in the assembly by the assembly speaker, majority leader, minority leader, and cochairperson of JCF and in the senate by the senate president, majority leader, minority leader, and cochairperson of JCF. The bills shall be introduced at the request of the governor.

Finally, the bill requires the LRB to identify all items in any DOA drafting request for a biennial budget bill, that, in its opinion, propose a nonfiscal policy that has no or minimal state fiscal effect or a private or local measure. If the LRB identifies such an item, it must record the identification and so notify DOA. The LRB must maintain a list of all such items that are drafted for inclusion in a biennial budget bill. Upon introduction of a biennial budget bill, the LRB must submit a list of all such items that are included in the bill to the cochairpersons of JCF.

Operation of legislature before passage of biennial budget bill

The bill provides that, beginning on July 1, 2009, if the legislature has not passed a biennial budget bill before August 1 of the odd-numbered year, no bills may be introduced in the assembly or senate, other than a biennial budget bill; no joint, senate, or assembly committee may conduct any business, other than business related to a biennial budget bill; no member of the legislature may request that the LRB draft any legislation, other than legislation relating to a biennial budget bill; and the assembly and senate may not pass any bill, other than a biennial budget bill.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

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:

AB117, s. 1 Section 1. 11.24 (4) of the statutes is created to read:

AB117,4,7 11.24 (4) (a) No incumbent partisan elective state official or personal campaign committee or support committee authorized under s. 11.05 (3) (p) of such an official may accept any contribution for the purpose of promoting that official's nomination or reelection to the office held by the official during the period beginning on the first Monday of January in each odd-numbered year and ending on the date of enactment of the biennial budget act.

AB117,4,13 (b) Notwithstanding par. (a), an incumbent partisan elective state official against whom a recall petition has been filed or the personal campaign or authorized support committee of such an official may accept a contribution during the period beginning on the date on which the petition is filed under s. 9.10 (3) (b) and ending on the date of the recall election or the date on which the official resigns if the official resigns at an earlier date under s. 9.10 (3) (c).

AB117, s. 2 Section 2. 11.60 (3p) of the statutes is created to read:

AB117,5,4 11.60 (3p) Notwithstanding sub. (1), any elective state official or the personal campaign or authorized support committee of such an official who accepts a contribution in violation of s. 11.24 (4) shall forfeit treble the amount of the contribution.

AB117, s. 3 Section 3. 13.085 of the statutes is created to read:

AB117,5,8 13.085 Legislative consideration of biennial budget bill. (1) In this section, "biennial budget bill" means an executive budget bill under s. 16.47 (1) or a biennial budget bill comparable in scope to such an executive budget bill.

AB117,5,10 (2) The assembly and senate may not consider an amendment or a substitute amendment to a biennial budget bill that contains any of the following:

AB117,5,11 (a) A nonfiscal policy that has no or minimal state fiscal effect.

AB117,5,13 (b) A private or local measure subject to article IV, section 18, of the constitution.

AB117,5,16 (3) (a) The cochairpersons of the joint committee on finance shall identify all items in any biennial budget bill that, in the opinion of the cochairpersons, propose any of the following:

AB117,5,17 1. A nonfiscal policy that has no or minimal state fiscal effect.

AB117,5,18 2. A private or local measure subject to article IV, section 18, of the constitution.

AB117,5,25 (b) The cochairpersons of the joint committee on finance shall request the legislative reference bureau to draft each of the items identified under par. (a), including any related appropriations, as a separate bill for introduction in the assembly by the assembly speaker, majority leader, minority leader, and cochairperson of the joint committee on finance and in the senate by the senate president, majority leader, minority leader, and cochairperson of the joint committee on finance. The bills shall be introduced at the request of the governor.

AB117,6,3 (c) The joint committee on finance may not recommend the passage of a biennial budget bill, unless the joint committee on finance recommends passage of the bill amended in such a way as to delete all of the items identified under par. (a).

AB117,6,6 (4) (a) The legislative reference bureau shall identify all items in any department of administration drafting request for a biennial budget bill, that, in its opinion, propose any of the types of policy specified in sub. (3) (a).

AB117,6,12 (b) If the legislative reference bureau identifies an item under par. (a), it shall record the identification and so notify the department of administration. The legislative reference bureau shall maintain a list of all such items that are drafted for inclusion in a biennial budget bill. Upon introduction of a biennial budget bill, the legislative reference bureau shall submit a list of all such items that are included in the bill to the cochairpersons of the joint committee on finance.

AB117, s. 4 Section 4. 13.086 of the statutes is created to read:

AB117,6,17 13.086 Operation of legislature before passage of biennial budget bill. (1) In this section, "biennial budget bill" means an executive budget bill under s. 16.47 (1) or a biennial budget bill comparable in scope to such an executive budget bill.

AB117,6,20 (2) Beginning on July 1, 2009, if the legislature has not passed a biennial budget bill before August 1 of the odd-numbered year, all of the following shall apply before the date on which the legislature passes a biennial budget bill:

AB117,6,22 (a) No bills may be introduced in the assembly or senate, other than a biennial budget bill.