2017 - 2018 LEGISLATURE
March 14, 2018 - Introduced by Senator Vinehout. Referred to Joint Committee on
Finance.
SB872,1,2 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. 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;
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 must prepare a report, for submission to the
cochairpersons of JCF, that identifies all nonfiscal policy items in the biennial budget
bill. The LFB must also identify all nonfiscal policy items adopted in motions during
JCF deliberations on the bill. Each nonfiscal policy item identified by the LFB must
be referred to an appropriate standing committee in each house of the legislature.
The chairperson of each standing committee must hold a hearing and an executive
session on the nonfiscal policy item to make recommendations to the assembly or
senate, whichever is appropriate.

Finally, under the bill, the cochairpersons of JCF must introduce bills in both
houses of the legislature for each nonfiscal policy item identified by the LFB.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB872,1 1Section 1. 13.39 (title) of the statutes is amended to read:
SB872,2,3 213.39 (title) Legislative consideration of biennial budget bill;
3earmarks
.
SB872,2 4Section 2 . 13.40 of the statutes is created to read:
SB872,2,6 513.40 Legislative consideration of biennial budget bill; nonfiscal
6policy items.
(1) In this section:
SB872,2,87 (a) Except as provided in par. (b), “nonfiscal policy item" means any of the
8following:
SB872,2,109 1. An item that generally has no state fiscal effect or the policy implications of
10the item are greater than the state fiscal effect.
SB872,2,1211 2. An item that has been or is the subject of introduced legislation other than
12the biennial budget bill.
SB872,2,1413 3. An item that would be referred to a standing committee of the legislature,
14other than the joint committee on finance.
SB872,2,1515 4. An item that can be accomplished without legislation.
SB872,2,1616 (b) “Nonfiscal policy item" does not include any of the following:
SB872,2,1717 1. An item that affects state program eligibility.
SB872,2,1918 2. An item that, if prepared as a bill, would generally be referred to the joint
19committee on finance.
SB872,2,2120 3. An item that addresses a reorganization or transfer of state government
21operations or functions.
SB872,3,4
1(2) (a) No later than 30 days after the introduction of the biennial budget bill
2as provided under s. 16.47 (1m), the legislative fiscal bureau shall prepare a report,
3for submission to the cochairpersons of the joint committee on finance, that identifies
4all nonfiscal policy items.
SB872,3,65 (b) The legislative fiscal bureau shall identify all nonfiscal policy items adopted
6in motions during joint committee on finance deliberations on a biennial budget bill.
SB872,3,12 7(3) Each nonfiscal policy item identified by the legislative fiscal bureau under
8sub. (2) shall be referred to an appropriate standing committee in each house of the
9legislature in the same manner as bills are referred to standing committees. The
10chairperson of each standing committee shall hold a hearing and an executive
11session on the nonfiscal policy item to make recommendations to the assembly or
12senate, whichever is appropriate.
SB872,3,15 13(4) The cochairpersons of the joint committee on finance shall introduce bills
14in both houses of the legislature for each nonfiscal policy item identified by the
15legislative fiscal bureau under sub. (2).
SB872,3,1616 (End)
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