LRB-0531/1
RAC:kjf:ph
2013 - 2014 LEGISLATURE
April 15, 2013 - Introduced by Representatives Bernard Schaber, Berceau,
Billings, Doyle, Hesselbein, Hulsey, Johnson, Kahl, Kolste, Ohnstad,
Pope, Ringhand, Shankland, Sinicki, Smith, Wright and Vruwink,
cosponsored by Senators T. Cullen, Hansen, Lehman and Wirch. Referred to
Committee on Government Operations and State Licensing.
AB148,1,2
1An Act to amend 13.39 (title); and
to create 13.40 of the statutes;
relating to:
2legislative consideration of nonfiscal policy items in the biennial budget bill.
Analysis by the Legislative Reference Bureau
This bill establishes a process for the removal of nonfiscal policy items from the
biennial budget bill and prohibits passage of a biennial budget bill in either house
of the legislature if the bill contains nonfiscal policy items. Under the bill, a nonfiscal
policy item is defined as an item that generally has no state fiscal effect or the policy
implications of the item are greater than the state fiscal effect; an item that has been
or is the subject of introduced legislation other than the biennial budget bill; an item
that would be referred to a standing committee of the legislature, other than the
Joint Committee on Finance (JCF); or an item that can be accomplished without
legislation. Under the bill, however, nonfiscal policy items do not include those that
affect state program eligibility; that, if prepared as a bill, would generally be referred
to JCF; or that address a reorganization or transfer of state government operations
or functions.
Under the bill, no later than 30 days after introduction of the biennial budget
bill, the Legislative Fiscal Bureau (LFB) must prepare a report, for submission to the
cochairpersons of JCF, that identifies all nonfiscal policy items. If requested by the
governor, the cochairpersons of JCF must then introduce bills in both houses of the
legislature for each nonfiscal policy item identified by the LFB.
The bill specifically prohibits JCF from voting to recommend passage of a
biennial budget bill, or an amendment thereto, that contains a nonfiscal policy item,
as well as prohibits senators and representatives to the assembly from offering
amendments to the biennial budget bill, or any amendment thereto, that contain a
nonfiscal policy item. Finally, the bill prohibits either house of the legislature from
passing any biennial budget bill, or adopt any amendment thereto, that contains a
nonfiscal policy item.
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:
AB148,1
1Section
1. 13.39 (title) of the statutes is amended to read:
AB148,2,3
213.39 (title)
Legislative consideration of biennial budget bill;
3earmarks.
AB148,2
4Section
2. 13.40 of the statutes is created to read:
AB148,2,7
513.40 Legislative consideration of biennial budget bill; nonfiscal
6policy items. (1) (a) In this section, except as provided in par. (b), "nonfiscal policy
7item" means any of the following:
AB148,2,98
1. An item that generally has no state fiscal effect or the policy implications of
9the item are greater than the state fiscal effect.
AB148,2,1110
2. An item that has been or is the subject of introduced legislation other than
11the biennial budget bill.
AB148,2,1312
3. An item that would be referred to a standing committee of the legislature,
13other than the joint committee on finance.
AB148,2,1414
4. An item that can be accomplished without legislation.
AB148,2,1515
(b) In this section, "nonfiscal policy item" does not include any of the following:
AB148,2,1616
1. An item that affects state program eligibility.
AB148,2,1817
2. An item that, if prepared as a bill, would generally be referred to the joint
18committee on finance.
AB148,3,2
13. An item that addresses a reorganization or transfer of state government
2operations or functions.
AB148,3,6
3(2) No later than 30 days after the introduction of the biennial budget bill as
4provided under s. 16.47 (1m), the legislative fiscal bureau shall prepare a report, for
5submission to the cochairpersons of the joint committee on finance, that identifies
6all nonfiscal policy items.
AB148,3,9
7(3) If requested by the governor, the cochairpersons of the joint committee on
8finance shall introduce bills in both houses of the legislature for each nonfiscal policy
9item identified by the legislative fiscal bureau under sub. (2).
AB148,3,11
10(4) The joint committee on finance may not vote to recommend passage of a
11biennial budget bill, or an amendment thereto, that contains a nonfiscal policy item.
AB148,3,14
12(5) No senator or a representative to the assembly may offer an amendment
13to the biennial budget bill, or any amendment thereto, that contains a nonfiscal
14policy item.
AB148,3,16
15(6) No house of the legislature may pass any biennial budget bill, or adopt any
16amendment thereto, that contains a nonfiscal policy item.
