WI
Wisconsin Assembly Bill AB1183

Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1183 Compare Versions

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33 2023 - 2024 LEGISLATURE
44 2023 ASSEMBLY BILL 1183
55 March 22, 2024 - Introduced by Representatives SHANKLAND, BILLINGS, CONLEY,
66 DRAKE, EMERSON, JOERS, MOORE OMOKUNDE, NEUBAUER, PALMERI, RATCLIFF,
77 SINICKI, STUBBS and SUBECK, cosponsored by Senators SMITH, LARSON and
88 SPREITZER. Referred to Committee on Government Accountability and
99 Oversight.
1010 AN ACT to amend 25.60 and 299.97 (2); and to create 13.59, 20.370 (4) (az),
1111 20.435 (1) (s), 25.17 (1) (ymk), 25.44 and 299.87 of the statutes; relating to:
1212 creating the water fund for our future, granting rule-making authority, and
1313 making an appropriation.
1414 Analysis by the Legislative Reference Bureau
1515 This bill creates a new nonlapsible trust fund, designated as the water fund for
1616 our future, to consist of a onetime transfer of $250,000,000 from the general fund.
1717 Under the bill, the Joint Committee on Finance may at any time transfer any amount
1818 of the unencumbered balance from the fund to the budget stabilization fund, if the
1919 budget stabilization fund has been fully expended.
2020 The bill also creates the Joint Committee for the Oversight of the Water Fund
2121 for Our Future, composed of three majority party and two minority party senators
2222 and three majority party and two minority party representatives to the assembly,
2323 appointed as are the members of standing committees in their respective houses; the
2424 secretary of health services or his or her designee; and the secretary of natural
2525 resources or his or her designee. Under the bill, the committee receives applications
2626 for making expenditures from the fund and makes recommendations to JCF
2727 regarding use of the fund.
2828 Under the bill, the committee may also recommend to JCF an amount to
2929 transfer to a rapid response account created within the water fund for our future,
3030 which may be used by the Department of Natural Resources and the Department of
3131 Health Services to respond to natural disasters and public health emergencies.
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3737 ASSEMBLY BILL 1183
3838 Funds from the rapid response account may be used for the costs of remediation and
3939 to notify, relocate, and assist individuals affected by the natural disaster or public
4040 health emergency.
4141 The bill also allows DNR and the Department of Justice to seek reimbursement
4242 from responsible parties for funds expended from the water fund for our future.
4343 In addition, the bill allows any agency to submit a request to JCF for
4444 supplemental funds from the water fund for our future. JCF may approve the
4545 request after considering any recommendation from the Joint Committee for the
4646 Oversight of the Water Fund for Our Future. Under the bill, if a member of JCF
4747 objects to a request for supplemental funds, the name of each objecting member, as
4848 well as the reason for each objection, must be recorded and made publicly available.
4949 For further information see the state and local fiscal estimate, which will be
5050 printed as an appendix to this bill.
5151 The people of the state of Wisconsin, represented in senate and assembly, do
5252 enact as follows:
5353 SECTION 1. 13.59 of the statutes is created to read:
5454 13.59 Joint committee for the oversight of the water fund for our
5555 future. (1) CREATION. There is created a joint standing committee for the oversight
5656 of the water fund for our future composed of 3 majority party and 2 minority party
5757 senators and 3 majority party and 2 minority party representatives to the assembly,
5858 appointed as are the members of standing committees in their respective houses; the
5959 secretary of health services or his or her designee; and the secretary of natural
6060 resources or his or her designee.
6161 (2) OFFICERS. In making appointments of the members of each house, each
6262 house shall designate a cochairperson.
6363 (3) STAFF. The committee shall be staffed as are other standing committees of
6464 the legislature.
6565 (4) MEETINGS. The committee shall meet as often as necessary to perform its
6666 duties and functions.
6767 (5) POWERS AND DUTIES. (a) The committee shall do all of the following:
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8585 SECTION 1
8686 ASSEMBLY BILL 1183
8787 1. Receive applications for making expenditures from the water fund for our
8888 future and make recommendations to the joint committee on finance regarding use
8989 of the water fund for our future.
9090 2. Recommend to the joint committee on finance an amount to transfer from
9191 the water fund for our future to the rapid response account under s. 25.44 (3).
9292 (b) The committee may not recommend, and the joint committee on finance may
9393 not approve, expenditures from the water fund for our future for purposes other than
9494 to fund activities relating to clean water.
9595 SECTION 2. 20.370 (4) (az) of the statutes is created to read:
9696 20.370 (4) (az) Rapid response actions. From the rapid response account of the
9797 water fund for our future, a sum sufficient for rapid response actions in response to
9898 natural disasters and public health emergencies under s. 299.87.
9999 SECTION 3. 20.435 (1) (s) of the statutes is created to read:
100100 20.435 (1) (s) Rapid response actions. From the rapid response account of the
101101 water fund for our future, a sum sufficient for rapid response actions in response to
102102 natural disasters and public health emergencies under s. 299.87.
103103 SECTION 4. 25.17 (1) (ymk) of the statutes is created to read:
104104 25.17 (1) (ymk) Water fund for our future (s. 25.44);
105105 SECTION 5. 25.44 of the statutes is created to read:
106106 25.44 Water fund for our future. (1) There is established a separate
107107 nonlapsible trust fund designated as the water fund for our future, to consist of all
108108 moneys transferred under 2023 Wisconsin Act .... (this act), section 9 (1), and all
109109 moneys collected by the department of natural resources or the department of justice
110110 under settlement agreements or orders in settlement of actions or proposed actions
111111 as reimbursement for expenditures from this fund.
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138138 SECTION 5 ASSEMBLY BILL 1183
139139 (2) The joint committee on finance may at any time transfer any amount of the
140140 unencumbered balance from the water fund for our future to the budget stabilization
141141 fund if the moneys in the budget stabilization fund have been fully expended.
142142 (3) There is established in the water fund for our future a rapid response
143143 account consisting of all moneys transferred to the account by the joint committee
144144 on finance, which may at any time transfer any amount of the unencumbered balance
145145 from the water fund for our future to the rapid response account. Moneys in the rapid
146146 response account shall be reserved for discretionary use by the department of
147147 natural resources and the department of health services under s. 299.87.
148148 SECTION 6. 25.60 of the statutes is amended to read:
149149 25.60 Budget stabilization fund. There is created a separate nonlapsible
150150 trust fund designated as the budget stabilization fund, consisting of moneys
151151 transferred to the fund from the general fund under ss. 16.518 (3) and 16.72 (4) (b)
152152 and any moneys transferred to the fund from the water fund for our future under s.
153153 25.44. Moneys in the budget stabilization fund are reserved to provide state revenue
154154 stability during periods of below-normal economic activity when actual state
155155 revenues are lower than estimated revenues under s. 20.005 (1).
156156 SECTION 7. 299.87 of the statutes is created to read:
157157 299.87 Rapid response; supplemental funding requests from the water
158158 fund for our future. (1) The department and the department of health services
159159 may use moneys from the rapid response account of the water fund for our future
160160 under s. 25.44 to respond to natural disasters and public health emergencies. Funds
161161 from the rapid response account may be used for the costs of remediation and to
162162 notify, relocate, and assist individuals affected by the natural disaster or public
163163 health emergency. The department and the department of health services may
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191191 SECTION 7
192192 ASSEMBLY BILL 1183
193193 promulgate rules as necessary to establish procedures and policies for the use of
194194 moneys from the rapid response account.
195195 (2) Any department or agency of the state may submit to the joint committee
196196 on finance for consideration under s. 13.10 a request for funding from the water fund
197197 for our future. The joint committee on finance shall notify the joint committee for the
198198 oversight of the water fund for our future of the request. After receiving notification
199199 of a request, and at least 14 working days before the next regularly scheduled
200200 meeting of the joint committee on finance under s. 13.10, the joint committee for the
201201 oversight of the water fund for our future shall submit to the joint committee on
202202 finance a written recommendation regarding the request. The joint committee on
203203 finance may provide the requested supplement only if the joint committee for the
204204 oversight of the water fund for our future recommends approving the request. If a
205205 member of the committee objects to a request for funding under this subsection, the
206206 name of each objecting member, as well as the reason for each objection, shall be
207207 recorded and made publicly available.
208208 SECTION 8. 299.97 (2) of the statutes is amended to read:
209209 299.97 (2) In addition to the penalties provided under sub. (1), the court may
210210 award the department of justice the reasonable and necessary expenses of the
211211 investigation and prosecution of the violation, including attorney fees. The
212212 department of justice shall deposit in the state treasury for deposit into the general
213213 fund all moneys that the court awards to the department or the state under this
214214 subsection, except that any moneys awarded as reimbursement for expenditures
215215 from the water fund for our future shall be deposited into that fund. The costs of
216216 investigation and the expenses of prosecution, including attorney fees, shall be
217217 credited to the appropriation account under s. 20.455 (1) (gh).
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244244 SECTION 9 ASSEMBLY BILL 1183
245245 SECTION 9.0Fiscal changes.
246246 (1) GENERAL FUND TRANSFER TO WATER FUND FOR OUR FUTURE. There is transferred
247247 from the general fund to the water fund for our future $250,000,000 in fiscal year
248248 2023-24.
249249 (END)
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