2017 - 2018 LEGISLATURE
May 8, 2017 - Introduced by Representatives Jacque,
Bernier, Doyle, Kitchens,
Kremer, Mursau and Tittl, cosponsored by Senators Darling, Carpenter
and Harsdorf. Referred to Committee on Local Government.
1An Act to amend
13.093 (2) (b); and to create
13.59, 13.591, 16.59, 20.505 (1) 2
(bm) and 227.112 of the statutes;
relating to: creation of a Joint Committee on
3State Mandates and required funding of state mandates.
Analysis by the Legislative Reference Bureau
This bill creates a legislative Joint Committee on State Mandates. The
committee consists of three majority party and two minority party members from
each house. At least one member of the majority party of each house who is appointed
to the committee must also be a member of the Joint Committee on Finance.
The bill states that any bill placing a statutory requirement on a local
governmental unit must be referred at once to the committee and the bill may not
be considered further until the committee submits a report or 30 days have lapsed.
If the committee's report concludes that the bill has a negative uncompensated fiscal
effect on local governmental units, and the mandate is a wholly state-imposed
mandate upon local governmental units, this bill states that the committee must
offer an amendment to the bill appropriating funds to offset the cost of the mandate.
The bill defines “mandate" to exclude certain provisions and those that have minimal
Additionally, the bill states that the legislature may not enact a bill that
imposes future state-imposed mandates unless they receive a hearing before the
committee or are funded. If an enacted mandate is not funded, either upon passage
or in the future, the mandate may not be enforced until it is funded. The bill also
states that a state agency may not promulgate a rule or take an action that imposes
a mandate and that a state agency shall not take an action required by law if the
action would impose a mandate, unless there is a sufficient amount to fund the
mandate. Under this bill, affected local governments are reimbursed annually for
the approximate costs attributable to state-imposed mandates.
The bill directs the Legislative Fiscal Bureau, by January 1, 2019, to identify
all mandates for the committee, other than ones having a minimal fiscal effect. The
committee is directed to submit legislation repealing all mandates to each house of
The bill also requires the committee to review and evaluate existing mandates.
To carry out its duties, the committee may make investigations and hold hearings.
For further information see the state and local 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:
13.093 (2) (b) of the statutes is amended to read:
(b) Executive budget bills introduced under s. 16.47 (1) are exempt 3
from the fiscal estimate requirement under par. (a) but shall, if they contain a 4
provision affecting a public retirement fund or,
providing a tax exemption, or
5imposing a mandate, as defined in s. 13.59 (1) (b)
, be analyzed as to those provisions 6
by the respective joint survey committee or the joint committee on state mandates.
7If such a bill imposes a mandate, as defined in s. 13.59 (1) (b), the bill shall be
8simultaneously referred to the joint committee on state mandates and the joint
9committee on finance
. If such a bill contains a provision providing a tax exemption, 10
the bill shall be simultaneously referred to the joint survey committee on tax 11
exemptions and the joint committee on finance. The report of the joint survey 12
committee on tax exemptions shall be prepared within 60 days of introduction for 13
bills introduced under s. 16.47 (1).
13.59 of the statutes is created to read:
1513.59 Joint committee on state mandates. (1) Definitions.
In this section:
(a) “Local governmental unit" has the meaning given in s. 19.42 (7u).
(b) “Mandate," except in sub. (6), means a statutory provision placing a 3
requirement on a local governmental unit and, in sub. (6), has the meaning given in 4
s. 227.112 (1) (b).
There is created a joint committee on state mandates, consisting 6
of 3 majority party and 2 minority party senators and 3 majority party and 2 minority 7
party representatives to the assembly appointed as are the members of standing 8
committees in their respective houses. At least one member of the majority party of 9
each house who is appointed to the joint committee on state mandates must also be 10
a member of the joint committee on finance.
11(3) Committee procedures.
(a) The committee shall meet at the call of its 12
(b) All actions of the committee require the approval of a majority of all of the 14
15(4) Powers and duties.
(a) The committee shall do all of the following:
1. Provide the legislature with a report under sub. (5) concerning each bill that 17
would impose a mandate.
2. On a regular basis, review existing mandates and evaluate their desirability 19
as a matter of public policy, cost-effectiveness, and financial responsibility.
(b) The committee may make investigations and hold hearings.
(a) Upon the introduction in either house of the legislature of a bill 22
that would impose a mandate, the bill shall at once be referred to the joint committee 23
on state mandates by the presiding officer, unless the presiding officer determines 24
that the mandate has a minimal fiscal effect on local governmental units. The bill 25
may not be considered further by either house or any other committee until the
earlier of 30 days after referral or the time at which the joint committee on state 2
mandates submits a written report, to the chief clerk of the house in which the bill 3
is introduced, doing all of the following:
1. Describing the fiscal effect on state government and on local governmental 5
units of the mandate contained in the bill.
2. Identifying the objective of the mandate contained in the bill.
3. Determining whether it is possible to achieve the objective without imposing 8
4. Determining whether the mandate contained in the bill is state-imposed or 10
is addressing a requirement imposed by the federal government.
5. Explaining the effect of the mandate contained in the bill on the revenues 12
and expenditures of state government and local governmental units, including an 13
explanation as to whether unrestricted or restricted state aid, grants, or tax benefits 14
are currently being provided or potentially available under existing law to meet the 15
costs of the mandate.
6. Identifying whether the mandate contained in the bill has a recurring or 17
7. Identifying any method of reimbursement for any costs of the mandate 19
contained in the bill or any method of waiver or appeal of the requirements contained 20
in the mandate.
8. Addressing whether it is appropriate to consider an expiration date for the 22
mandate contained in the bill.
9. Addressing the desirability of the mandate contained in the bill as a matter 24
of public policy.
10. Providing any other information that the committee considers to be 2
(b) If the committee's report concludes that the bill has a negative 4
uncompensated fiscal effect on local governmental units, and that the mandate 5
contained in the bill is wholly state-imposed, the committee shall prepare and offer 6
an amendment to the bill that increases the amount of the appropriation under s. 7
20.505 (1) (bm) or such other appropriation designated in the amendment and 8
creates any other provisions required by s. 13.591 (2).
(c) The report under par. (a) shall be reproduced as an appendix to the bill and 10
attached to it as are amendments. The reproduction shall be in lieu of inclusion in 11
the daily journal of the house in which the bill is introduced.
12(6) Identification of mandates.
(a) The legislative fiscal bureau shall identify 13
all mandates, other than mandates that have a minimal fiscal effect, existing on the 14
effective date of this paragraph .... [LRB inserts date], and submit that information 15
to the joint committee on state mandates by January 1, 2019.
(b) The committee shall introduce one or more bills amending the statutes in 17
each house of the legislature repealing all mandates that are wholly state-imposed 18
and that have a negative uncompensated fiscal effect on local governmental units.
13.591 of the statutes is created to read:
2013.591 Funding of state-imposed mandates. (1) Definition.
In this 21
section, “mandate" has the meaning set forth in s. 13.59 (1) (b).
22(2) Appropriation increase.
The legislature may not enact a bill on or after the 23
effective date of this subsection .... [LRB inserts date], that contains a mandate 24
unless the bill has had a public hearing before the joint committee on state mandates 25
or contains an appropriation to provide for reimbursement under s. 16.59 for the
current fiscal biennium, and requires that an appropriation be provided in all 2
subsequent fiscal years in which the mandate is imposed, by the applicable amount 3
specified in the report prepared under s. 13.59 (5), to provide for reimbursement 4
under s. 16.59.
5(3) Enforcement prohibited if unfunded.
If a bill that contains a mandate is 6
enacted after the effective date of this subsection .... [LRB inserts date], and is not 7
in compliance with sub. (2), or if the legislature does not provide an appropriation 8
as required by sub. (2) for the mandate, the mandate contained in the enacted bill 9
may not be enforced until the required appropriation is provided.
10(4) Existing unfunded mandates.
If the joint committee on state mandates 11
determines that a law enacted or rule promulgated on or before the effective date of 12
this subsection .... [LRB inserts date], contains a mandate that is wholly 13
state-imposed and that has a negative uncompensated fiscal effect on local 14
governmental units, the committee shall introduce a bill in each house of the 15
legislature repealing the law or making the rule ineffective unless the committee 16
determines that the uncompensated fiscal effect is minimal.
16.59 of the statutes is created to read:
1816.59 State funding of mandates.
In this section: