13.50(5)
(5) Committee action. All actions of the committee shall require the approval of a majority of all the members.
13.50(6)
(6) Powers and duties. The committee shall have the following powers and duties:
13.50(6)(a)
(a) No bill or amendment thereto creating or modifying any system for, or making any provision for, the retirement of or payment of pensions to public officers or employes, shall be acted upon by the legislature until it has been referred to the joint survey committee on retirement systems and such committee has submitted a written report on the bill or amendment. Such report shall pertain to the probable costs involved, the effect on the actuarial soundness of the retirement system and the desirability of such proposal as a matter of public policy.
13.50(6)(am)
(am) The cochairpersons of the joint survey committee on retirement systems or the cochairpersons of the joint committee on finance, with respect to any bill or amendment specified in
par. (a), or the presiding officer of either house of the legislature, with respect to any bill or amendment specified in
par. (a) that is pending in his or her house, may make a determination, based on any available information, that the bill or amendment may have a significant fiscal impact on the costs, actuarial balance or goals of the Wisconsin retirement system and order the attachment of an independent actuarial opinion on such impact. The cochairpersons or presiding officer ordering such an opinion shall direct the staff under
sub. (4) to obtain the opinion. The staff shall make payment for the opinion from the appropriation under
s. 20.765 (2) (ab).
13.50(6)(b)
(b) No bill or amendment thereto creating or modifying any system for the retirement of public employes shall be considered by either house until the written report required by
par. (a) and the actuarial opinion ordered under
par. (am), if any, have been submitted to the chief clerk. Each such bill or amendment shall then be referred to a standing committee of the house in which introduced. The report of the joint survey committee and actuarial opinion, if any, shall be printed as an appendix to the bill and attached thereto as are amendments.
13.50 Annotation
A bill would probably result in a valid law even if the procedures specified in (6) are disregarded by the legislature. When an act is passed by both houses, in accordance with constitutional requirements, the courts will not inquire into whether statutory legislative procedures were followed. 63 Atty. Gen. 305.
13.51
13.51
Retirement research committee. 13.51(1)
(1)
Creation. There is created a broadly representative retirement research committee for the purpose of providing a continuous review and study of the retirement benefits afforded by the state and to allocate adequate study to the complexities of modern retirement programs. The officers and staff of the joint survey committee on retirement systems under
s. 13.50 shall be the officers of the retirement research committee. The staff of the joint survey committee under
s. 13.50 shall assist the committee in the performance of its functions.
13.51(2)
(2) Members. Members of the committee under
pars. (c) to
(e) shall hold office for 4 years beginning July 1 and until their successors are appointed and qualified and the member of the committee under
par. (f) shall hold office for the term for which he or she is elected under
s. 15.16 (1) (d) and until his or her successor is elected and qualified, but any member of the committee appointed under
pars. (c) to
(f) who ceases to be a member or representative of the group represented shall immediately cease to be a member of the committee. Any vacancy on the committee shall be filled as was the original appointment or election and shall be filled for the balance of the unexpired term. The committee shall consist of:
13.51(2)(a)
(a) The members of the joint survey committee on retirement systems.
13.51(2)(b)
(b) The secretary of employment relations or the secretary's designee.
13.51(2)(c)
(c) Three representatives of public employes, appointed by the governor, of whom:
13.51(2)(c)1.
1. One shall be representative of state employes or nonteaching local government employes;
13.51(2)(c)2.
2. One shall be a teacher holding a license or certificate under
s. 118.19 who is not employed by the state or the city of Milwaukee; and
13.51(2)(c)3.
3. One shall be a teacher holding a license or certificate under
s. 118.19 who is employed by the city of Milwaukee.
13.51(2)(d)
(d) Three members of the public, appointed by the governor. It is the intent of the legislature that the members appointed under this paragraph shall represent the interests of the taxpayers of this state and shall not be representative of public employe or employer interests.
13.51(2)(e)
(e) One representative who is the chief executive or a member of the governing body of a local government participating in the Wisconsin retirement system under
ch. 40, appointed by the governor.
13.51(3)
(3) Duties of the committee. The retirement research committee shall:
13.51(3)(a)
(a) Investigate and submit to the chief clerk of each house of the legislature, for distribution to the legislature under
s. 13.172 (2), a report on any retirement system for public employes. The officers and employes of any such system shall cooperate fully with the committee in any such investigation.
13.51(3)(b)
(b) Require of officers or employes having charge of, control over or administering any public employe pension or retirement plan financial reports thereof showing the financial condition of such plan and the number, nature and amounts of its investments.
13.51(3)(c)
(c) Establish and keep current a library of all public employe pension and retirement plans throughout the United States and may study such plans of foreign countries.
13.51(4)
(4) Duties of the retirement funds. Each retirement fund or system to which the state contributes shall:
13.51(4)(a)
(a) Furnish the committee with a copy of each financial, actuarial and valuation report made by such fund or system, its actuary or treasurer, for the fiscal year beginning in 1965 and thereafter.
13.51(4)(b)
(b) Maintain records in such form that the committee or any other authorized agency can obtain such necessary information as it requires. Such information shall include censuses of active, deferred annuitant and retired annuitant classes by age, sex and membership service.
13.52
13.52
Joint survey committee on tax exemptions. 13.52(1)(1)
Creation. There is created a joint survey committee on tax exemptions composed of 9 members, as follows:
13.52(1)(a)
(a) Two majority party senators, one minority party senator, 2 majority party representatives to the assembly and one minority party representative to the assembly, selected as are the members of standing committees in their respective houses;
13.52(1)(b)
(b) A representative of the department of justice selected by the attorney general;
13.52(1)(c)
(c) The secretary of revenue or the secretary's designated representative; and
13.52(1)(d)
(d) A public member, selected by the governor by January 15 of each odd-numbered year, who is familiar with the tax problems of subordinate levels of government throughout the state.
13.52(1m)
(1m) Officers. The officers of this committee shall be a senate chairperson and vice chairperson, an assembly chairperson and vice chairperson and a secretary. The senate chairperson and vice chairperson shall be selected as are chairpersons and vice chairpersons of senate committees. The assembly chairperson and vice chairperson shall be appointed by the speaker. The secretary shall be elected by the committee from among its nonlegislator members.
13.52(2)
(2) Vacancies. Vacancies shall be filled as are original appointments.
13.52(3)
(3) Term. The terms of all members shall expire on January 15 of the odd-numbered years, and each member shall serve until a successor is appointed and qualified. Any member shall cease to be a member upon losing the status upon which the appointment is based.
13.52(4)
(4) Committee action. All actions of the committee shall require the approval of a majority of all the members.
13.52(5)
(5) Powers and duties. It is the purpose of this committee to provide the legislature with a considered opinion of the legality of the proposal, of the fiscal effect upon the state and its subdivisions and of the desirability as a matter of public policy of each legislative proposal which would modify existing laws or create new laws relating to the exemption of property or persons from any state or local taxes or special assessments. To this end the committee shall:
13.52(5)(a)
(a) Make such investigations as are required to carry out the duties assigned to it.
13.52(5)(b)
(b) Hold such hearings as are required to elicit information required to make its reports. Any member is empowered to administer oaths and examine witnesses. By subpoena, issued over the signature of the cochairpersons and served in the manner in which circuit court subpoenas are served, it may summon and compel the attendance of witnesses and the production of records necessary or convenient to be examined or used by them in carrying out their functions. Any subpoenaed witness who fails to appear, refuses to answer inquiries, or fails or refuses to produce records within his or her control when demanded shall be reported by the committee to the circuit court of Dane county, whose duty it is to compel obedience to any such subpoena by attachment proceedings for contempt as in case of disobedience of the requirements of a subpoena issued from said court or a refusal to testify therein.
13.52(6)
(6) Report. Upon the introduction in either house of the legislature of any proposal which affects any existing statute or creates any new statute relating to the exemption of any property or person from any state or local taxes or special assessments, such proposal shall at once be referred to the joint survey committee on tax exemptions by the presiding officer instead of to a standing committee, and such proposal shall not be considered further by either house until the joint survey committee on tax exemptions has submitted a report, in writing, setting forth an opinion on the legality of the proposal, the fiscal effect upon the state and its subdivisions and its desirability as a matter of public policy and such report has been printed as an appendix to the bill and attached thereto as are amendments. Such printing shall be in lieu of inclusion in the daily journal of the house in which the bill was introduced.
13.52(7)
(7) Staff. The committee may employ such personnel as are required for the performance of its duties. Any intermittent employment of professional, technical or research personnel may be made outside the classified service.
13.53
13.53
Joint legislative audit committee. 13.53(1)
(1)
Creation. There is created a joint legislative audit committee consisting of the cochairpersons of the joint committee on finance, 2 other majority and 2 minority party senators and 2 other majority and 2 minority party representatives to the assembly, appointed as are the members of standing committees in their respective houses. In making appointments of the members from each house other than the cochairpersons of the joint committee on finance, each house shall designate a cochairperson. The committee shall be staffed as are other standing committees of the legislature. The committee shall meet as often as necessary to perform its duties and functions.
13.53(2)
(2) Responsibilities. The joint legislative audit committee shall have advisory responsibilities for the legislative audit bureau. The committee's responsibility is subject to general supervision of the joint committee on legislative organization. The joint legislative audit committee may:
13.53(2)(a)
(a) Evaluate the qualifications of the candidates for the position of state auditor and make recommendations to the joint committee on legislative organization.
13.53(2)(b)
(b) Study and review the postaudit or other reports submitted by the legislative audit bureau, confer with the state auditor and assistants and with other legislative committees in regard to such reports and, when necessary, confer with representatives of the entities audited in order to obtain full and complete information in regard to any fiscal transactions and governmental operations within the state.
13.53(2)(c)
(c) Refer to the legislature or to an appropriate standing committee information that, in its opinion, warrants action by the legislature or by the committee. It may request from a standing committee information on such action as is taken. The committee shall seek the advice of the appropriate standing committees with respect to the program portion of an audit relating to an entity which is within the purview of such committee.
13.53(3)
(3) Postaudit report consideration. 13.53(3)(a)(a) In any instance in which a postaudit report of the legislative audit bureau cites cases of improper payments; inadequate accounting, operating, or administrative system controls, procedures, or related records; inaccuracies; waste or extravagance; unauthorized or unintended activities or programs; or other deficiencies required by statute to be reported, the head of the entity to which the audit report pertains shall, within a time period specified by the committee, advise the cochairpersons of the committee, the chairperson of the joint committee on legislative organization and to each appropriate standing committee of any remedial actions taken or to be taken on matters cited in the report. Where such advice is not forthcoming from the head of the entity within the time period specified by the committee, or where the committee determines that suitable action has not been taken, the committee may report the matter immediately to the joint committee on legislative organization and to each appropriate standing committee.
13.53(3)(b)
(b) The committee may, in any case, propose specific corrective action to remedy undesirable practices, including changes in applicable laws, rules and procedures, but with respect to the program portion of an audit, it shall first seek the advice of the appropriate standing committees which have purview over the entity under review. If the committee introduces a bill, it shall be referred to the appropriate standing committee. The appropriate standing committees may propose corrective legislation wherever they find that the program portion of the audit indicates that a law is not being implemented in the manner intended by the legislature when the law was enacted.
13.53(3)(c)
(c) Each appropriate standing committee, and the joint legislative audit committee, may hold a hearing on the contents of a postaudit report by the legislative audit bureau. An appropriate standing committee may request the joint legislative audit committee to hold such a hearing. Nothing in this paragraph precludes joint hearings by 2 or more committees.
13.53(4)
(4) Fiscal and performance evaluations. The committee may at any time, without regard to whether the legislature is then in session, request the joint committee on legislative organization to investigate any matter within the scope of a postaudit completed or being conducted by the legislative audit bureau. It may also request investigation and consideration of any matter relative to the expenditures and revenues as well as the fiscal and performance activities of entities pursuant to the objectives of the committee and the legislative audit bureau.
13.53(5)
(5) Interference; special duties. No member of the joint legislative audit committee, the joint committee on legislative organization or other member of the legislature may interfere in any way with the state auditor in the conduct of audit examinations. The state auditor shall carry out the auditor's professional responsibilities in accordance with accepted professional auditing standards and shall conduct examinations within the framework of the ethics of the auditing profession. This subsection does not preclude an individual legislator or a standing committee from requesting the joint legislative audit committee or the joint committee on legislative organization to direct the state auditor to undertake specific audits. All such requests shall be reviewed by the committee to which they are directed before such committee directs the state auditor to conduct such audits. The joint committee on legislative organization may consult with the joint legislative audit committee and the legislative audit bureau prior to giving its directions to the state auditor. Nothing in this subsection precludes the joint legislative audit committee or the joint committee on legislative organization from instructing the state auditor to undertake examinations of specific activities when the committee deems it to be necessary.
13.55
13.55
Commission on uniform state laws. 13.55(1)
(1)
Creation. There is created a 9-member commission on uniform state laws to advise the legislature with regard to uniform laws and model laws. The commission shall consist of the director of the legislative council staff or a professional employe of the legislative council staff designated by the director, the chief of the legislative reference bureau or a professional employe under
s. 13.92 (1) (b) designated by the chief, the revisor of statutes, 2 senators and 2 representatives to the assembly from the 2 major political parties appointed as are members of standing committees for 2-year terms, and 2 public members appointed by the governor for 4-year terms. The terms of members appointed by the governor or by the legislature shall expire on May 1 of an odd-numbered year. The members, other than the appointees of the governor or of the legislature, may each designate an employe to represent them at any meeting of the conference under
sub. (3).
13.55(2)
(2) Quorum; scheduled meetings. Any 5 members of the commission shall constitute a quorum. The commission shall meet at least once every 2 years.
13.55(3)
(3) National conference. Each commissioner may attend the annual meeting of the conference of commissioners on uniform state laws; and shall examine subjects on which uniformity of legislation is desirable; ascertain the best methods to effect uniformity; cooperate with commissioners in other states in the preparation of uniform acts; and prepare bills adapting such uniform acts to the Wisconsin statutes, for introduction in the legislature.
13.55(4)
(4) Report. The commission shall make a biennial report to the law revision committee of the joint legislative council.
13.55(5)
(5) Nonlawyer members. The commissioners shall individually and collectively endeavor to secure the right of any person to become a voting commissioner or associate member of the national conference of commissioners on uniform state laws without regard to his or her membership in the bar of the state which he or she represents. The commission shall include in its first 2 biennial reports under
sub. (4) after January 1, 1981 a description of the endeavors, an assessment of the probability of their success within the foreseeable future and further recommendations for accomplishing the objective described in this subsection.
13.56
13.56
Joint committee for review of administrative rules. 13.56(1)(1)
Creation. There is created a joint committee for review of administrative rules, consisting of 5 senators and 5 representatives to the assembly appointed as are the members of standing committees in their respective houses from the majority and minority political parties in each house. In making the appointments, each house shall designate a cochairperson. The committee shall meet at the call of one of its cochairpersons.
13.56(2)
(2) Participation in certain proceedings. The cochairpersons of the joint committee for review of administrative rules or their designated agents shall accept service made under
ss. 227.40 (5) and
806.04 (11). If the committee determines that the legislature should be represented in the proceeding, it shall request the joint committee on legislative organization to designate the legislature's representative for the proceeding. The costs of participation in the proceeding shall be paid equally from the appropriations under
s. 20.765 (1) (a) and
(b), except that such costs incurred by the department of justice shall be paid from the appropriation under
s. 20.455 (1) (d).
13.56 Cross-reference
Cross-reference: See s.
227.19 (1) for a statement of legislative policy regarding legislative review of administrative rules. See s.
227.26 for review after promulgation of rules.
13.56 Note
NOTE: The following annotations relate to 13.56 as it existed prior to its amendment by ch. 34, laws of 1979.
13.56 Annotation
See briefs filed in State ex rel. Wisconsin's Environmental Decade, Inc. v. Joint Committee for Review of Administrative Rules, 73 W (2d) 234, 243 NW (2d) 497 (1976).
13.56 Annotation
Legislative oversight of administrative rules cited. American Motors Corp. v. DILHR, 101 W (2d) 337, 305 NW (2d) 62 (1981).
13.56 Annotation
A collective bargaining agreement between the regents and the teaching assistants association is not subject to review by the committee. 59 Atty. Gen. 200.
13.56 Annotation
In giving notice of public hearings held under (2), the committee should concurrently employ the various forms of notice available which best fit the particular circumstances. 62 Atty. Gen. 299.
13.56 Annotation
Legislative oversight of administrative rules discussed. 63 Atty. Gen. 159.
13.56 Annotation
The vote of an absent member of the joint committee cannot be counted. Legislative oversight of administrative rules discussed. 63 Atty. Gen. 168.
13.56 Annotation
See note to Art. IV, sec. 1, citing 63 Atty. Gen. 173.
13.56 Annotation
Legislative committee review of administrative rules in Wisconsin. Bunn and Gallagher. 1977 WLR 935.
13.565
13.565
Legislative review of certain rules. Upon referral of any proposed rule relating to animal waste treatment to the presiding officers of each house of the legislature under
s. 227.19 (2), the presiding officers shall refer it to a senate and an assembly committee concerned with agriculture. The committees shall hold a public hearing to review the proposed rule.
13.57
13.57
National conference of state legislatures. 13.57(1)(1) The legislative delegates to the national conference of state legislatures shall be designated by the committee on senate organization for the senate and by the speaker for the assembly. Vouchers to reimburse the actual and necessary expenses of the delegates to the conference shall be certified by the chairperson of the committee on senate organization for the senate and by the speaker for the assembly.
13.57(2)
(2) Officers or employes under this chapter may be designated as delegates to the conference by the appropriate legislative officer or as provided by the appropriate governing body. Vouchers to reimburse the actual and necessary expenses of these delegates to the conference shall be certified by the chairperson of the appropriate governing body or by the appropriate legislative officer.
13.58
13.58
Joint committee on information policy. 13.58(1)
(1)
Creation. There is created a joint standing committee on information policy composed of the following members:
13.58(1)(a)
(a) The assembly cochairperson of the joint committee on finance, or a member of that committee who is designated by its assembly cochairperson; and the senate cochairperson of the joint committee on finance, or a member of that committee who is designated by its senate cochairperson.
13.58(1)(b)
(b) Two other majority party and 2 minority party senators and 2 other majority and 2 minority party representatives to the assembly, appointed as are the members of standing committees in their respective houses.
