13.06 History
History: 1991 a. 316.
13.07
13.07
Freedom of debate confirmed. Nothing in
ss. 13.05 and
13.06 shall be construed as prohibiting free discussion and deliberation upon any question pending before the legislature by members thereof, privately or publicly, nor as prohibiting agreements by members to support any single measure pending, on condition that certain changes be made in such measure, nor as prohibiting agreements to compromise conflicting provisions of different measures.
13.08
13.08
Mileage allowance. 13.08(1)(1) The chief clerk of each house, immediately after the commencement of each regular or special session of the legislature, shall certify to the department of administration the names of all qualified members and the number of miles for which each member is entitled to be reimbursed. All such certificates shall be approved by the presiding officer.
13.08(2)
(2) All members of the legislature shall be entitled to an allowance for transportation expenses incurred in going to and returning from the state capitol once every week during any legislative session, at the same rate per mile for each mile traveled in going to and returning from the state capitol on the most usual route as is provided for transportation for state officers and employes under
s. 20.916. Such allowances shall be paid monthly upon presentation to the department of administration of a verified written statement containing such information as the department requires.
13.08(4)
(4) Any member of the legislature may use any convenient public transportation and be reimbursed in full for not to exceed one round trip weekly actually traveled via such transportation.
13.08 History
History: 1971 c. 13.
13.09
13.09
Joint committee on finance. 13.09(1)
(1) There is created a joint standing committee, to be known as the joint committee on finance, consisting of 8 senators and 8 representatives to the assembly appointed as are the members of standing committees in their respective houses.
13.09(3)
(3) The committee may inquire into the operations or activities of any agency, department, board, institution or commission of the state, to determine better methods, systems or procedures for improving state government operations.
13.09(5)
(5) Within one week after the general election in November of those years in which gubernatorial election is held, if the incumbent governor is not reelected, the committee shall convene and approve a budget for the newly elected governor to enable the incoming governor to review and analyze the budget, to hire staff and obtain space, and to do such other tasks as the committee approves. Funds approved by the committee shall be released to the office of the governor from the appropriation under
s. 20.525 (1) (a) and any staff employed or expenses incurred by the incoming governor shall be charged to that appropriation. Employes of the incoming governor shall be placed on the payroll of the office of the governor. The procedures under
s. 13.10 do not apply to this subsection.
13.09(6)
(6) The joint committee on finance shall maintain its offices and meeting room on the first floor of the south wing of the capitol.
13.09 History
History: 1971 c. 125;
1975 c. 224;
1977 c. 325;
1981 c. 20 ss.
2e,
2m,
3s,
3t;
1983 a. 3,
27;
1983 a. 83 s.
22;
1983 a. 308,
377,
524,
538;
1985 a. 2,
29,
300;
1987 a. 4,
307;
1989 a. 31.
13.09 Annotation
The joint committee on finance has no authority to set aside a collective bargaining agreement between the regents and the teaching assistants association. 59 Atty. Gen. 200.
13.09 Annotation
See note to Art. IV, sec. 1, citing 63 Atty. Gen. 173.
13.093
13.093
Reference of bills to joint committee on finance. 13.093(1)(1) All bills introduced in either house of the legislature for the appropriation of money, providing for revenue or relating to taxation shall be referred to the joint committee on finance before being passed.
13.093(2)(a)(a) Any bill making an appropriation and any bill increasing or decreasing existing appropriations or state or general local government fiscal liability or revenues shall, before any vote is taken thereon by either house of the legislature if the bill is not referred to a standing committee, or before any public hearing is held before any standing committee or, if no public hearing is held, before any vote is taken by the committee, incorporate a reliable estimate of the anticipated change in appropriation authority or state or general local government fiscal liability or revenues under the bill, including to the extent possible a projection of such changes in future biennia. For purposes of this paragraph, a bill increasing or decreasing the liability or revenues of the unemployment reserve fund is considered to increase or decrease state fiscal liability or revenues. Except as otherwise provided by joint rules of the legislature, such estimates shall be made by the department or agency administering the appropriation or fund or collecting the revenue. The joint survey committee on retirement systems shall prepare the fiscal estimate with respect to the provisions of any bill referred to it which create or modify any system for, or make any provision for, the retirement of or payment of pensions to public officers or employes. When a fiscal estimate is prepared after the bill has been introduced, it shall be printed and distributed as are amendments.
13.093(2)(b)
(b) Executive budget bills introduced under
s. 16.47 (1) are exempt from the fiscal estimate requirement under
par. (a) but shall, if they contain a provision affecting a public retirement fund or providing a tax exemption, be analyzed as to those provisions by the respective joint survey committee. If such a bill contains a provision providing a tax exemption, the bill shall be simultaneously referred to the joint survey committee on tax exemptions and the joint committee on finance. The report of the joint survey committee on tax exemptions shall be prepared within 60 days of introduction for bills introduced under
s. 16.47 (1).
13.093(2)(c)
(c) A bill containing penalty provisions is exempt from the fiscal estimate requirement under
par. (a) if the bill contains no other provisions requiring a fiscal estimate under
par. (a).
13.094
13.094
Review of University of Wisconsin Hospitals and Clinics Authority lease and affiliation agreements. 13.094(1)(1)
Five-year review. By June 29, 2001, and every 5 years thereafter by June 29, the joint committee on finance shall review the lease agreement under
s. 233.04 (7) or
(7g) and the affiliation agreement under
s. 233.04 (7m) or
(7p). If the joint committee on finance determines that either the lease agreement or the affiliation agreement, or both, should be terminated, the committee shall submit its recommendations regarding the agreements to the legislature under
s. 13.172 (2). The committee's recommendations shall include any suggested legislation necessary to adequately provide for the protection of the bondholders and those entering into contracts with the authority or to modify the powers and duties of the University of Wisconsin Hospitals and Clinics Authority to reflect termination of the lease agreement or affiliation agreement, or both.
13.094(2)
(2) Termination of agreements. If legislation has been enacted to adequately provide for the protection of the bondholders and those entering into contracts with the authority or to modify the powers and duties of the University of Wisconsin Hospitals and Clinics Authority to reflect termination of the lease agreement or affiliation agreement, or both, or if such legislation is not necessary to adequately provide for the protection of the bondholders and those entering into contracts with the authority or to modify the powers and duties of the authority, the committee may terminate the lease agreement or affiliation agreement, or both.
13.094(3)
(3) Recommended legislation. If the lease agreement under
s. 233.04 (7) or
(7g) or the affiliation agreement under
s. 233.04 (7m) or
(7p) ceases to be in effect for a reason other than termination under
sub. (2), the joint committee on finance shall recommend any legislation that it considers appropriate or desirable in light of the lease agreement or affiliation agreement ceasing to be in effect to adequately provide for the protection of the bondholders of the University of Wisconsin Hospitals and Clinics Authority and those entering into contracts with the authority or to modify the powers and duties of the authority. The joint committee on finance shall submit its recommendations to the legislature under
s. 13.172 (2).
13.094 History
History: 1995 a. 216.
13.095
13.095
Review of programs started with federal aid. State agencies responsible for the administration of federal contract or grant-in-aid programs shall promptly notify the federal aid management service of the department of administration whenever any program or project, financed wholly or partially from federal aids, would have to be continued from state funds because federal aid will be or has been curtailed or withdrawn or because the federal program from which the aid was received has or will be expired. The federal aid management service under
s. 16.545 shall promptly notify the joint committee on finance of all notifications received from state agencies. The cochairpersons of the joint committee on finance may thereupon schedule a public hearing for the purpose of exploring alternatives with regard to the future in this state of the program for which federal aid will be or has been reduced or eliminated. The chief executive officer of the department or independent agency administering such program shall appear at the hearing for the information of the joint committee. The joint committee shall submit its recommendations including suggested legislation to the legislature.
13.096
13.096
Review of bills establishing vehicle weight limit exceptions. 13.096(1)(1)
Definition. In this section, "department" means the department of transportation.
13.096(2)
(2) Report on bills establishing vehicle weight limit exceptions. 13.096(2)(a)(a) If any bill that is introduced in either house of the legislature directly or indirectly establishes an exception to the vehicle weight limits specified in
ch. 348, the department shall prepare a report on the bill within 6 weeks after it is introduced. The department shall request information from any individual, organization or local government that the department considers likely to be affected by the proposed vehicle weight limit exceptions. Individuals, organizations and local governments shall comply with requests by the department for information that is reasonably necessary for the department to prepare the report. To the greatest extent possible, reports under this section shall be based on the information obtained by the department from individuals, organizations and local governments under this paragraph.
13.096(2)(b)
(b) A bill that requires a report by the department under this section shall have that requirement noted on its jacket when the jacket is prepared. When a bill that requires a report under this section is introduced, the legislative reference bureau shall submit a copy of the bill to the department.
13.096(2)(c)
(c) The report prepared under this section shall be printed as an appendix to that applicable bill and shall be distributed in the same manner as amendments. The report shall be distributed before any vote is taken on the bill by either house of the legislature if the bill is not referred to a standing committee, or before any public hearing is held before any standing committee or, if no public hearing is held, before any vote is taken by the committee.
13.096(3)
(3) Findings of the department to be contained in the report. The report of the department shall contain the following information with respect to each exception to a vehicle weight limit specified in
ch. 348:
13.096(3)(a)
(a) A statement of the problem addressed by the proposed vehicle weight limit exception, including all of the following:
13.096(3)(a)1.
1. Whether the current vehicle weight limit creates a hardship and, if so, the degree of the hardship.
13.096(3)(a)2.
2. The costs associated with complying with the current vehicle weight limit and any anticipated savings likely to result from the proposed vehicle weight limit exception.
13.096(3)(a)3.
3. Whether any other efforts have been made to resolve the problem addressed by the proposed vehicle weight limit exception.
13.096(3)(a)4.
4. The degree of control by motor carriers over the weight and weight distribution of the vehicle or load.
13.096(3)(b)
(b) A description of the proposed vehicle weight limit exception, including any changes on all of the following:
13.096(3)(b)1.
1. Gross weight limitations and gross axle and axle combination weight limitations.
13.096(3)(b)4.
4. Any highway, highway route or area of the state substantially affected by the proposed vehicle weight limit exception.
13.096(3)(c)
(c) Any other special considerations concerning the proposed vehicle weight limit exception, such as the frequency of use of the proposed exception, the support and involvement of businesses, industries and local authorities affected by the proposed exception.
13.096(4)
(4) Rule-making authority. The department may promulgate any rules necessary for the administration of this section.
13.096 History
History: 1993 a. 282.
13.097
13.097
Review of legislation providing for conveyances of lake bed areas. 13.097(1)(a)
(a) "Department" means the department of natural resources.
13.097(1)(b)
(b) "Lake bed area" means all or a portion of a navigable lake.
13.097(2)(a)(a) When legislation that conveys a lake bed area or that amends a prior conveyance of a lake bed area is introduced or offered in the legislature, the department shall prepare a report on the legislation within 15 days of its being introduced or offered. The department may request any information from the grantee under such legislation or from a past grantee of the lake bed area that is reasonably necessary for the department to prepare the report.
13.097(2)(b)
(b) If the legislation conveys a lake bed area, the department shall describe the conveyance contained in the legislation. If the legislation amends a prior conveyance of a lake bed area, the department's report shall describe the prior conveyance and how it is amended by this legislation. The report shall include the department's findings under
sub. (4) and its conclusions under
sub. (6).
13.097(2)(c)
(c) Legislation that requires a report by the department under this section shall have that requirement noted on its jacket when the jacket is prepared. When legislation that requires a report under this section receives a jacket to be introduced or offered, the legislative reference bureau shall submit a copy of the legislation to the department.
13.097(2)(d)
(d) The report shall be printed as an appendix to that applicable bill and shall be distributed in the same manner as amendments.
13.097(4)
(4) Findings of the department report. The department's report shall contain the following information:
13.097(4)(a)
(a)
Location and description of the lake bed area. 13.097(4)(a)1.1. The name of the lake in which the lake bed area subject to the proposed conveyance is located, the location of the lake bed area in the lake and the name of the county and the town, village or city that is adjacent to the lake bed area.
13.097(4)(a)2.
2. The approximate dimensions and size of the lake bed area subject to the proposed conveyance.
13.097(4)(a)3.
3. The approximate area of the lake in which the lake bed area subject to the proposed conveyance is located.
13.097(4)(b)1.1. The purpose of the proposed conveyance, as expressed in the legislation.
13.097(4)(b)2.
2. Any additional information on the intended uses of the lake bed area subject to the proposed conveyance.
13.097(4)(b)3.
3. The extent to which the express language of the legislation will permit the intended uses of the lake bed area subject to the proposed conveyance.
13.097(4)(c)
(c)
Use of the lake bed area subject to the proposed conveyance. 13.097(4)(c)1.1. The size of the area reasonably required for the intended uses under the proposed conveyance, as compared to the size of the lake bed area actually conveyed by the legislation, and a description of the anticipated or potential uses of any excess area.
13.097(4)(c)2.
2. If the lake bed area subject to the proposed conveyance exceeds the area required for the intended uses, whether the excess area will remain unused for a substantial period.
13.097(4)(d)
(d)
Effect of the proposed conveyance on public trust purpose uses. 13.097(4)(d)1.1. Opportunities for navigation, fishing, hunting, swimming, recreation, enjoyment of scenic beauty and other public trust purpose uses that will be lost or obtained when the grantee exercises the rights granted by the proposed conveyance.
13.097(4)(d)2.
2. The type of uses that will be made of the lake bed area subject to the proposed conveyance when the grantee exercises the rights granted by the proposed conveyance, and whether those uses are public trust purpose uses.
13.097(4)(d)3.
3. Proposed restrictions on public access to the lake bed area subject to the proposed conveyance, upon completion of the project, including physical restrictions such as fences, walls or lack of parking, legal restrictions such as hours of operation or conversion to private property and financial restrictions such as admission fees, licenses, permits or requirements to make purchases.
13.097(4)(e)1.1. The extent to which the proposed conveyance expressly prohibits or permits a subsequent conveyance of all or a part of the lake bed area by the grantee, including a subsequent conveyance by warranty deed, quitclaim deed or lease, or is silent regarding a subsequent conveyance by the grantee.
13.097(4)(e)2.
2. Whether the legislation imposes the same restrictions on grantees of subsequent conveyances as it imposes on the original grantee.
13.097(4)(f)
(f)
Potential of the grantee to manage the use of lake bed area. 13.097(4)(f)1.1. What management controls are proposed by the grantee to assure that the lake bed area is used only for the public trust purposes authorized by the legislature, including the grantee's internal controls and control exercised by the grantee over a lessee, a grantee of a subsequent conveyance of all or part of the lake bed area or a trespasser.
13.097(4)(f)2.
2. Whether the grantee has managed or is managing the use of any other lake bed areas conveyed to the grantee in conformance with the public trust purposes authorized by those conveyances.
13.097(4)(f)3.
3. If the grantee of an original or subsequent conveyance or a lessee is not a governmental unit, the extent to which the use of the lake bed area subject to the proposed conveyance will be controlled or supervised by a governmental unit, to assure conformity with a public trust purpose.
13.097(4)(g)
(g)
Additional information. Any other information the department considers relevant.
13.097(5)
(5) Department authority to request information. The department may request a grantee to provide the department with any information that is reasonably necessary for the department to prepare the report under
sub. (4).
13.097(6)
(6) Conclusion of the department report. Based on its findings, the department shall include in its report its conclusion on whether the legislation is consistent with protecting and enhancing a public trust purpose. The department shall base its conclusion on the following:
13.097(6)(a)
(a)
Public trust purpose uses. Whether the opportunities for public trust purpose uses upon completion of the project, including opportunities for navigation, fishing, hunting, swimming, recreation and enjoyment of scenic beauty, substantially outweigh any loss of current opportunities for public trust purpose uses in that lake bed area and whether the current opportunities for public trust purpose uses will be enhanced or diminished upon completion of the project.
13.097(6)(b)
(b)
Public access. Whether all residents of the state will be able, without restriction, to participate in the uses of the lake bed area subject to the proposed conveyance upon completion of the project.
13.097(6)(c)
(c)
Purposes of the proposed conveyance. Whether the public trust purposes of the conveyance, as expressed in the legislation, are sufficiently narrow to permit only the specific public trust purpose uses proposed by the grantee.
