AB168: Bill Text

AB168, s. 5 Section 5. 13.95 (1r) of the statutes is created to read:

AB168,4,24 13.95 (1r) Earmark Transparency report. (a) In this subsection:

AB168,5,2 1. "Earmark" means a provision in a bill or amendment that does any of the following:

AB168,5,5 a. Authorizes or requires the payment of state moneys to a specific beneficiary or beneficiaries in a manner not determined by laws of general applicability for the selection of the beneficiary or beneficiaries.

AB168,5,8 b. Creates or modifies a tax deduction, credit, exclusion, or exemption that applies to a specific beneficiary or beneficiaries in a manner not determined by laws of general applicability for the selection of the beneficiary or beneficiaries.

AB168,5,10 2. "Nonfiscal policy item" means a provision in a bill or amendment that does not appropriate money, provide for revenue, or relate to taxation.

AB168,5,13 (b) The legislative fiscal bureau shall prepare an earmark transparency report on each biennial budget bill and on each amendment thereto. The report shall contain all of the following:

AB168,5,14 1. A list of all earmarks and nonfiscal policy items.

AB168,5,15 2. The cost of each earmark and nonfiscal policy item.

AB168,5,23 3. The beneficiary of each earmark and nonfiscal policy item. If the beneficiary is an individual, the legislative fiscal bureau shall identify the assembly and senate district in which the beneficiary resides. If the beneficiary is an entity, the legislative fiscal bureau shall identify the assembly and senate district in which the beneficiary is located, incorporated, or organized. If the legislative fiscal bureau cannot determine the identity of a beneficiary, the legislative fiscal bureau shall note that fact in the report. If the earmark is a tax deduction, credit, exclusion, or exemption, all of the following shall apply:

AB168,5,25 a. All businesses and associations that are members of the same controlled group of corporations shall be treated as a single beneficiary.

AB168,6,3 b. All shareholders of a corporation, partners of a partnership, members of an association or organization, or beneficiaries of a trust or estate, respectively, shall be treated as a single beneficiary.

AB168,6,4 c. All employees of a single employer shall be treated as a single beneficiary.

AB168,6,6 d. All health or other benefit plans of an employer that are qualified under the federal Internal Revenue Code shall be treated as a single beneficiary.

AB168,6,8 e. All contributors to a charitable organization shall be treated as a single beneficiary.

AB168,6,10 f. All holders of the same bond or note issue shall be treated as a single beneficiary.

AB168,6,14 g. If a corporation, partnership, association or organization, or trust estate is the beneficiary, the shareholders of the corporation, the partners of the partnership, the members of the association or organization, or the beneficiaries of the trust or estate shall not be considered beneficiaries.

AB168,6,16 4. If an amendment, the name of the representative to the assembly or senator who proposed the earmark or nonfiscal policy item.

AB168, s. 6 Section 6. 16.42 (1) (intro.) of the statutes is amended to read:

AB168,6,22 16.42 (1) (intro.) All agencies, other than the legislature and the courts, no later than September 15 of each even-numbered year, in the form and content prescribed by the department, shall, subject to sub. (1m), prepare and forward to the department and to the legislative fiscal bureau the following program and financial information:

AB168, s. 7 Section 7. 16.42 (1m) of the statutes is created to read:

AB168,7,2 16.42 (1m) An agency may not include in the program and financial information provided to the department and the legislative fiscal bureau under sub. (1) a proposal for an earmark, as defined in s. 13.95 (1r) (a) 1., or a nonfiscal policy item, as defined in s. 13.95 (1r) (a) 2.

AB168, s. 8 Section 8. 16.45 of the statutes is amended to read:

AB168,7,13 16.45 Budget message to legislature. In each regular session of the legislature, the governor shall deliver the budget message to the 2 houses in joint session assembled. Unless a later date is requested by the governor and approved by the legislature in the form of a joint resolution, the budget message shall be delivered on or before the last Tuesday in January of the odd-numbered year. With the message the governor shall transmit to the legislature, as provided in ss. 16.46 and to 16.47, the biennial state budget report, the biennial state agency budget modification report, and the executive budget bill or bills together with suggestions for the best methods for raising the needed revenues. The governor may distribute the biennial state budget report in printed or optical disk format.

AB168, s. 9 Section 9. 16.466 of the statutes is created to read:

AB168,7,19 16.466 Biennial state agency budget modification report. A biennial state agency budget modification report shall be prepared by the secretary, under the direction of the governor, and a copy of the report shall be furnished to each member of the legislature on the day of the delivery of the budget message and shall contain the following information:

AB168,7,21 (1) A statement identifying each proposal in the executive budget bill that was requested by an agency under s. 16.42 (1), but that was altered by the governor.

AB168,7,23 (2) A statement identifying each proposal in the executive budget bill that was not requested by an agency under s. 16.42 (1).

AB168,8,3 (3) A statement specifying the costs of each proposal under subs. (1) and (2), the policy reasons for including each proposal in the executive budget bill, and the intended beneficiaries of each proposal.

AB168, s. 10 Section 10. Initial applicability.

AB168,8,6 (1) The treatment of section 13.68 (1) (bq) of the statutes first applies with respect to reporting periods that begin on or after the effective date of this subsection.

AB168,8,7 (End)