The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB739, s. 1 1Section 1. 13.102 of the statutes is created to read:
AB739,3,7
113.102 Joint committee on finance; consideration of biennial budget
2bill.
(1) The joint committee on finance may not vote to recommend passage of a
3biennial budget bill or an amendment thereto until the legislative fiscal bureau has
4distributed a copy of an earmark transparency report on the biennial budget bill, as
5amended, prepared under s. 13.95 (1r) (b), to each member of the legislature and at
6least 48 hours have passed from the time when the legislative fiscal bureau has
7distributed the report to all of the members.
AB739,3,11 8(2) If a member of the joint committee on finance makes a motion during
9committee deliberations on a biennial budget bill to remove an earmark or nonfiscal
10policy item from a biennial budget bill, the motion shall prevail on either a majority
11or a tie vote.
AB739, s. 2 12Section 2. 13.39 of the statutes is created to read:
AB739,3,18 1313.39 Legislative consideration of biennial budget bill. (1) Neither
14house of the legislature may pass a biennial budget bill until the legislative fiscal
15bureau has distributed a copy of an earmark transparency report on the biennial
16budget bill, as amended, prepared under s. 13.95 (1r) (b), to each member of the
17legislature and at least 48 hours have passed from the time when the legislative
18fiscal bureau has distributed the report to all of the members.
AB739,3,23 19(2) If a committee of conference is convened on a biennial budget bill, a
20conference report may not contain any earmark, as defined in s. 13.95 (1r) (a) 1., or
21nonfiscal policy item, as defined in s. 13.95 (1r) (a) 2., that was not included in the
22executive budget bill or an amendment thereto that was passed by either house of
23the legislature.
AB739, s. 3 24Section 3. 13.95 (1r) of the statutes is created to read:
AB739,3,2525 13.95 (1r) (a) In this subsection:
AB739,4,4
11. "Earmark" means a provision in a bill or amendment that authorizes or
2requires the payment of state moneys to a specific beneficiary or beneficiaries in a
3manner not determined by laws of general applicability for the selection of the
4beneficiary or beneficiaries.
AB739,4,65 2. "Nonfiscal policy item" means a provision in a bill or amendment that does
6not appropriate money, provide for revenue, or relate to taxation.
AB739,4,97 (b) The legislative fiscal bureau shall prepare an earmark transparency report
8on each biennial budget bill and on each amendment thereto. The report shall
9contain all of the following:
AB739,4,1010 1. A list of all earmarks and nonfiscal policy items.
AB739,4,1111 2. The cost of each earmark and nonfiscal policy item.
AB739,4,1912 3. The beneficiary of each earmark and nonfiscal policy item. If the beneficiary
13is an individual, the legislative fiscal bureau shall identify the assembly and senate
14district in which the beneficiary resides. If the beneficiary is an entity, the legislative
15fiscal bureau shall identify the assembly and senate district in which the beneficiary
16is located, incorporated, or organized. If the legislative fiscal bureau cannot
17determine the identity of a beneficiary, the legislative fiscal bureau shall note that
18fact in the report. If the earmark is a tax deduction, credit, exclusion, or exemption,
19all of the following shall apply:
AB739,4,2120 a. All businesses and associations that are members of the same controlled
21group of corporations shall be treated as a single beneficiary.
AB739,4,2422 b. All shareholders of a corporation, partners of a partnership, members of an
23association or organization, or beneficiaries of a trust or estate, respectively, shall be
24treated as a single beneficiary.
AB739,4,2525 c. All employees of a single employer shall be treated as a single beneficiary.
AB739,5,2
1d. All health or other benefit plans of an employer that are qualified under the
2federal Internal Revenue Code shall by treated as a single beneficiary.
AB739,5,43 e. All contributors to a charitable organization shall be treated as a single
4beneficiary.
AB739,5,65 f. All holders of the same bond or note issue shall be treated as a single
6beneficiary.
AB739,5,107 g. If a corporation, partnership, association or organization, or trust estate is
8the beneficiary, the shareholders of the corporation, the partners of the partnership,
9the members of the association or organization, or the beneficiaries of the trust or
10estate shall not be considered beneficiaries.
AB739,5,1211 4. If an amendment, the name of the representative to the assembly or senator
12who proposed the earmark or nonfiscal policy item.
AB739, s. 4 13Section 4. 16.42 (1) (intro.) of the statutes is amended to read:
AB739,5,1814 16.42 (1) (intro.) All agencies, other than the legislature and the courts, no later
15than September 15 of each even-numbered year, in the form and content prescribed
16by the department, shall, subject to sub. (1m), prepare and forward to the
17department and to the legislative fiscal bureau the following program and financial
18information:
AB739, s. 5 19Section 5. 16.42 (1m) of the statutes is created to read:
AB739,5,2320 16.42 (1m) An agency may not include in the program and financial
21information provided to the department and the legislative fiscal bureau under sub.
22(1) a proposal for an earmark, as defined in s. 13.95 (1r) (a) 1., or a nonfiscal policy
23item, as defined in s. 13.95 (1r) (a) 2.
AB739, s. 6 24Section 6. 16.45 of the statutes is amended to read:
AB739,6,10
116.45 Budget message to legislature. In each regular session of the
2legislature, the governor shall deliver the budget message to the 2 houses in joint
3session assembled. Unless a later date is requested by the governor and approved
4by the legislature in the form of a joint resolution, the budget message shall be
5delivered on or before the last Tuesday in January of the odd-numbered year. With
6the message the governor shall transmit to the legislature, as provided in ss. 16.46
7and to 16.47, the biennial state budget report, the biennial state agency budget
8modification report,
and the executive budget bill or bills together with suggestions
9for the best methods for raising the needed revenues. The governor may distribute
10the biennial state budget report in printed or optical disk format.
AB739, s. 7 11Section 7. 16.465 of the statutes is created to read:
AB739,6,17 1216.465 Biennial state agency budget modification report. A biennial
13state agency budget modification report shall be prepared by the secretary, under the
14direction of the governor, and a copy of the report shall be furnished to each member
15of the legislature on the day of the delivery of the budget message. The biennial state
16agency budget modification report shall be furnished to each member of the
17legislature on the same day and shall contain the following information:
AB739,6,1918 (a) A statement identifying each proposal in the executive budget bill that was
19requested by an agency under s. 16.42 (1), but that was altered by the governor.
AB739,6,2120 (b) A statement identifying each proposal in the executive budget bill that was
21not requested by an agency under s. 16.42 (1).
AB739,6,2422 (c) A statement specifying the costs of each proposal under pars. (a) and (b), the
23policy reasons for including each proposal in the executive budget bill, and the
24intended beneficiaries of each proposal.
AB739,6,2525 (End)
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