OFFICE OF THE SECRETARY OF STATE
Office of secretary of state; creation.
There is created an office of the secretary of state under the direction and supervision of the secretary of state.
Secretary of state, duties.
The secretary of state shall:
(1) Record executive acts.
Keep a record of the official acts of the executive department and, when required, lay the same and all matters relative thereto before either house of the legislature.
(2) Affix great seal; register commissions.
Affix the great seal to and countersign all commissions issued and other official acts done by the governor, the governor's approbation of the laws excepted; and make a register of such commissions in a book provided by the governor therefor, specifying the person to whom issued, the office conferred, and the date and term of the commission.
(3) Have custody of books, records, etc.
Have the custody of all books, records, deeds, bonds, parchments, maps, papers and other articles and effects belonging to the state, deposited or kept in the secretary of state's office, and make such provision for the arrangement and preservation thereof as is necessary, and keep the same, together with all accounts and transactions of the office open at all times to the inspection and examination of the governor or any committee of either or both houses of the legislature.
(4) Biennial report.
Report biennially in accordance with s. 15.04 (1) (d)
all matters pertaining to the office and, when required, furnish the governor or either house of the legislature, in writing, any information relative to the performance of the duties of the office.
(5) Keep enrolled laws, etc.
Safely keep all enrolled laws and resolutions, and not permit any of them to be taken out of the secretary of state's office or inspected except in the presence of the secretary of state, unless by order of the governor or by resolution of one or both houses of the legislature. For any violation of this subsection the secretary of state shall forfeit the sum of $100.
(6) Compile original laws and resolutions.
Cause the original laws enacted and joint resolutions adopted at each session of the legislature, together with the index containing the titles of the same, to be bound in suitable volumes in a substantial manner, and in the order in which they are enacted or adopted, with the title thereof and the session at which they are enacted or adopted to be written or printed on the spine of the volumes.
(8) Record fees.
Keep a record of all fees received by the office and include a summary of such record in the biennial report under s. 15.04 (1) (d)
(9) Furnish certified copies; fees.
Make a copy of any law, resolution, deed, bond, record, document or paper deposited or kept in his or her office, upon request therefor, attach thereto his or her certificate, with the greater or lesser seal affixed, and collect therefor 50 cents per page and $5 for such certificate; if a copy is not to be certified and if the reproduction is performed by the office of the secretary of state, then collect a fee to cover the actual and necessary cost of reproduction and actual and necessary cost of transcription required to produce the copy or $2, whichever is greater; also to record any document authorized or required by law to be recorded in his or her office, and to charge therefor a fee of $1 per page. The fee for certified copies and for certificates as to results of searches of the records and files of his or her office, when a printed form is used, shall be $5, but when a specially prepared form is required the fee shall be $10. Telegraphic reports as to results of record searches shall be $5 plus the cost of the telegram. The secretary of state shall charge and collect for preparing any record or certificate under this subsection in an expeditious manner, an expedited service fee of $25 in addition to the fee otherwise required under this subsection.
Receive and file the signature and an impression of the official seal or rubber stamp of all county clerks and registers of deeds, and upon request certify to the authenticity of that signature and official seal or rubber stamp and charge therefor the statutory fee.
(10) Notices of proposed constitutional amendments and enactments. 14.38(10)(a)(a)
No later than the next working day following the deposit of an act in his or her office, provide written notice to the legislative reference bureau of the act number and date of enactment, and the designated date of publication of the act under s. 35.095
Publish in the official state paper, on the first Tuesday of August, September and October immediately preceding any general election, such proposed constitutional amendments as were approved for the first time by the legislature preceding the election.
Publish in the official state newspaper within 10 days after the date of publication of an act a notice certifying the number of each act, the number of the bill from which it originated, the date of publication and the relating clause. Each certificate shall also contain a notice of where the full text of each act can be obtained. Costs under this paragraph shall be charged to the appropriation under s. 20.765 (1) (d)
(11) Other duties.
Perform such other duties as are imposed upon the secretary of state by the constitution or by law.
History: 1975 c. 93
; 1977 c. 29
; 1977 c. 196
; 1979 c. 328
; 1981 c. 124
; 1983 a. 27
; 1983 a. 36
s. 96 (2)
; 1985 a. 29
; 1989 a. 123
; 1991 a. 32
; 1993 a. 112
; 1995 a. 27
Conditional acceptance of filing fees.
Before actually filing any document by making an endorsement on that document, the secretary of state may accept and deposit the filing fee submitted with that document upon the condition that if subsequent examination of the document establishes that it does not meet the requirements for filing, the fee may be refunded and upon the condition that if a discrepancy in the amount of the fee is subsequently discovered the secretary of state may then demand further payment of a shortage or refund an overpayment subject to s. 20.905 (3)
History: 1977 c. 418
Record of positions, appointments. 14.40(1)
Annually not later than July 1, each legislative, administrative and judicial agency of the state government shall submit to the secretary of state a list of all positions within that agency outside the classified service and above the clerical level, excluding the faculties under the jurisdiction of the board of regents of the University of Wisconsin System and the department of education, which are filled by appointment, and the term if there is one, together with the name of the incumbent and the date of his or her appointment.
Effective date note
Sub. (1) is shown as amended eff. 1-1-96 by 1995 Wis. Act 27
. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no. 95-2168
-OA. Prior to Act 27 it read:
Effective date text
(1) Annually not later than July 1, each legislative, administrative and judicial agency of the state government shall submit to the secretary of state a list of all positions within that agency outside the classified service and above the clerical level, excluding the faculties under the jurisdiction of the board of regents of the university of Wisconsin system and the department of public instruction, which are filled by appointment, and the term if there is one, together with the name of the incumbent and the date of his or her appointment.
The secretary of state shall keep a record of all positions reported under sub. (1)
, the names of the incumbents and the dates of their appointments.
The appointment officer shall promptly notify the secretary of state of any vacancy occurring in any such position because of resignation, disability or death as well as any appointments made to fill such vacancies.
Any officer or agency of the state authorized to select any officer of the state or member of a board, commission or committee outside the classified service, whether judicial, military or civil, shall report such selection to the secretary of state who shall record and file such selection for information of the public. The department of administration shall not approve any payroll or expense voucher for such position until the notice of appointment has been filed with the secretary of state.
Custodian of deeds, securities, oaths and bonds.
All deeds, conveyances, abstracts of title, options and leases of land; and, unless otherwise directed by law, all bonds, mortgages and other securities, for money, belonging to this state, and all official oaths and bonds shall be deposited and preserved in the office of the secretary of state and be open to public inspection.
Great and lesser seals. 14.45(1)
The state shall have a great seal and a lesser seal both of which shall be kept in the office of the secretary of state.
The great seal of the state consists of a metallic disc, 2 3/8 inches in diameter, containing, within an ornamental border, the following devices and legend: The coat of arms of the state, as in s. 1.07
described; above the arms, in a line parallel with the border, the words, "Great Seal of the State of Wisconsin;" in the exergue, in a curved line, 13 stars.
A lesser seal, 1 3/4 inches in diameter, engraved with the device of the great seal, with the words, "Seal of the Secretary of State," in a curved line above, and the words, "State of Wisconsin," in a curved line below such device, is the seal of the secretary of state, and may be used to authenticate all papers and documents issued by the secretary of state, except the official acts of the governor, and such copies of the laws and records in the office of said secretary as may be required for use as evidence in any other state, territory or country.
History: 1991 a. 316
Assistant secretary of state.
The secretary of state may appoint, in writing, an assistant secretary of state who may perform and execute any of the duties of the secretary of state, except as a member of the board of commissioners of public lands. The assistant secretary shall take and subscribe the oath of office prescribed by article IV, section 28, of the constitution
and shall give bond to the secretary of state in the sum and with the conditions as the secretary of state prescribes, conditioned for the faithful discharge of the duties. The oath shall be filed and preserved in the office of the governor.
Cashier in secretary of state's office bonded.
The cashier and assistant cashiers in the office of the secretary of state shall give bonds to the secretary of state in such sum and with such conditions as the secretary of state may prescribe, conditioned for the faithful discharge of their duties. Said bonds shall be furnished by a surety company authorized to do business in this state and the cost thereof shall not exceed one-fourth of one per cent per year on the amount of said bond or obligation by said surety executed and shall be payable from the appropriation to the secretary of state.
History: 1979 c. 110
s. 60 (13)
; 1991 a. 316
OFFICE OF THE STATE TREASURER
Office of state treasurer; creation.
There is created an office of the state treasurer under the direction and supervision of the state treasurer.
There is created a division of trust lands and investments which is attached to the office of the state treasurer under s. 15.03
. This division is under the direction and supervision of the board of commissioners of public lands.
History: 1995 a. 27
; 1995 a. 225
Duties of state treasurer.
The state treasurer shall:
(1) Have custody of moneys.
Receive and have charge of all moneys paid into the treasury and any other moneys received by officers and employes of state agencies, and pay out the moneys as directed by law, except as provided in ss. 16.52 (7)
, 20.907 (5) (b)
. Checks, share drafts or other drafts on depositories in which moneys may be deposited shall be signed in one of the following methods:
By an assistant state treasurer, appointed as provided in s. 14.62
, in the name of the state treasurer;
In the name of the state treasurer, by any clerk in the treasurer's office designated by the treasurer; or
By placing on a check, share draft or other draft the facsimile signature of the state treasurer adopted by him or her as a facsimile signature. Any depository shall be fully warranted and protected in making payment on any check, share draft or other draft bearing such facsimile notwithstanding that the facsimile may have been placed on the check, share draft or other draft without the state treasurer's authority.
(2) Issue receipts.
Issue receipts for all money paid to the treasurer.
(3) Pay claims as presented.
Pay all claims authorized to be paid out of the treasury in the order in which they are presented, giving a preference to no one.
(4) Pay on warrants sums authorized by law. 14.58(4)(a)(a)
Pay out of the treasury, on demand, upon the warrants of the department of administration, except as provided in s. 20.929
, such sums only as are authorized by law to be so paid, if there are appropriate funds therein to pay the same, and, when any sum is required to be paid out of a particular fund, pay it out of such fund only; and upon each such warrant, when payment is made in currency, take the receipt indorsed on or annexed thereto, of the payee therein named or an authorized agent or assignee. The state treasurer shall accept telephone advice believed by the treasurer to be genuine from any public depository, as defined in s. 34.01 (5)
, stating that a specified amount of money has been deposited with such public depository for the credit of the state treasurer, and shall act upon such telephone advice as though it had been in writing.
When in the judgment of the state treasurer balances in state public depository accounts are temporarily in excess of that required under par. (a)
, the treasurer, with the concurrence of the secretary of administration, may authorize the preparation of a warrant in excess of the funds contained in the investment fund for the purpose of investment only. The earnings attributable to the investment of temporary excess balances shall be distributed as provided in sub. (19)
(5) Account for interest.
Pay into the treasury and account for all sums directly or indirectly received by the treasurer by virtue of the treasurer's office, or as interest or compensation for the use, deposit or forbearance of any state moneys in the treasurer's hands or under the treasurer's control.
(6) Keep cash and fund accounts.
Keep records showing the number, date and amount of each cash receipt issued by the treasurer's office and classify said receipts by state funds; submit a summary statement of collections by fund together with a copy of each remittance advice in support thereof; keep also records showing the check, share draft or other draft number, date, payee and amount of each cash disbursement and classify said disbursements by state funds; keep a record of the date, payee and amount of each disbursement made by a money transfer technique other than a check or draft and classify the disbursement by state fund; and verify at the end of each week the amounts shown by the treasurer's records to represent total cash balance and cash balances of individual state funds by comparing said amounts with corresponding balances appearing on records maintained by the department of administration.
(7) Permit examination of books.
Permit at all times inspection and examination of the books, papers and transactions of the treasurer's office by the governor, secretary of state, attorney general, department of administration or state auditor, or by the legislature, any committee thereof or either house thereof.
(8) Report to governor monthly.
Report to the governor monthly, or oftener if the governor so requires, on:
The total amount of funds in the treasury, specifying in what kind of currency they consist, the amount of each kind, and the amount belonging to each separate fund.
The amounts in each of the state depositories, together with the interest earned thereon.
Any defalcation or neglect of duty of any disbursing or collecting officer or agent of the state.
Any other information pertaining to the duties of the state treasurer, as determined by the state treasurer or required by the governor.
(9) Biennial report.
On or before October 15 of each odd-numbered year, submit to the governor and the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2)
, a report containing the same information required of departments and independent agencies under s. 15.04 (1) (d)
. The report shall also include a statement showing for each of the 2 preceding fiscal years the cash balance in each state fund at the beginning of the fiscal year, the aggregate amount of receipts credited and the aggregate amount of disbursements charged to each said fund during the fiscal year and the resultant cash balance in each state fund at the end of the fiscal year. This statement shall further show as of the end of each said 2 fiscal years, at par, the aggregate value of securities held for each state fund and the aggregate value of securities held in trust or deposited for safekeeping, and shall show the manner in which the total cash balance was accounted for by listing the balances on deposit in each state account in a public depository, deducting from the total of such balances the aggregate amount of checks, share drafts or other drafts outstanding and adding thereto the aggregate amount of cash and cash items in office.
(10) Report certain payments.
Whenever the state treasurer or any state department shall remit to any county, city, town or village any sum in payment of a state aid or other item, the remitter shall transmit a statement of the amount and purpose thereof to the clerk of such municipality. After the receipt thereof, the clerk of such municipality shall present such statement at the next regular meeting of the governing body and shall thereafter file and keep such statement for 6 years.
(11) Make certified copies.
Make a certified copy of any deed, bond, document or paper filed in the treasurer's office, and transcripts from the books and records kept therein, when required by any person so to do; and collect therefor 25 cents per folio, and $1 for such certificate.
(12) Stamp checks and drafts.
Cause to be plainly printed or stamped upon each check, share draft and other draft issued by the state treasurer the period of time, as determined by the state treasurer but not to exceed one year, during which the check or other draft may be presented for payment. The state treasurer shall cancel on his or her records any check or other draft that is not presented for payment within the prescribed time period and shall credit the amount thereof to the fund upon which it is drawn. Notice of such cancellation and credit shall be immediately submitted by the state treasurer to the department of administration.
(13) Services in connection with securities held in trust.
Upon request therefor from any company, corporation, society, order or association which has securities on deposit with the treasurer, in trust, mail to its address not to exceed 60 days before the same become due, any or all interest coupons; return to it any or all bonds, notes or other deposits as they become due and are replaced by other securities; cut all interest coupons, make any indorsement of interest or otherwise on any such securities; and collect therefor from the company, corporation, society, order or association making the request, a 25-cent fee for a single coupon cut, or for each entry of interest indorsed on a note or return of a bond, note or other security, and a 10-cent fee for each additional coupon cut, or entry of interest indorsed on a note, bond or other security, and may withhold any and all coupons cut or refuse indorsement of interest on securities until such fee is paid. Such fees shall be paid into the state treasury as a part of the general fund, and an extra charge may be required for postage or registered mail.
(14) Other duties.
Perform all other duties imposed upon the state treasurer by law.
(17) Safekeeping receipts for federal securities.
Whenever any federal securities are purchased under authority of any law and the state treasurer is custodian thereof the treasurer may accept and hold safekeeping receipts of a federal reserve bank for such securities. Each such receipt shall be identified on its face with the name of the fund to which the securities described in the receipt belong.
(18) Sale of investments.
Whenever the department of administration draws a check, share draft or other draft dated the next following business day upon a fund whose investment and collection is under the exclusive control of the investment board pursuant to s. 25.17 (1)
, and the receipts of the state treasurer are insufficient to permit a disbursement from said fund in the amount of such check, share draft or other draft, the investment board shall sell investments owned by such fund for delivery in time to provide sufficient money to cover such check, share draft or other draft on the date which it bears.
(19) Apportion interest.
Apportion at least quarterly the interest earned on state moneys in all depositories among the several funds as provided in s. 25.14 (3)
, except that earnings attributable to the investment of temporary excess balances under sub. (4) (b)
shall be distributed according to a formula prescribed by the depository selection board. To the maximum extent deemed administratively feasible by the depository selection board, the formula shall approximate the distribution of earnings among funds which would occur if earnings were allocated in proportion to each fund's actual contribution to the earnings. Interest so apportioned shall be added to and become a part of such funds.
(20) Election campaign fund.
Make disbursements to each candidate certified under s. 7.08 (2) (c)
by the elections board as eligible to receive moneys from the Wisconsin election campaign fund.
History: 1971 c. 164
; 1973 c. 333
; 1975 c. 180
; 1977 c. 107
; 1977 c. 196
; 1979 c. 34
; 1981 c. 20
; 1983 a. 27
; 1983 a. 36
s. 96 (2)
; 1983 a. 51
; 1983 a. 189
s. 329 (21)
; 1983 a. 368
; 1985 a. 29
; 1989 a. 31
; 1991 a. 39
; 1995 a. 201
The state treasurer may conduct conferences for the purpose of training county and municipal clerks and treasurers, and employes of their offices, in their official responsibilities. The treasurer may charge participants in any conference a fee for participation which shall not exceed the proportionate cost of conducting the conference. The treasurer shall credit all revenues from fees assessed under this section to the appropriation account under s. 20.585 (1) (h)
History: 1995 a. 27
State treasurer's bond.
The bond of the state treasurer shall extend to the faithful execution of the duties of the office of state treasurer until a successor is elected and fully qualified. If the treasurer elects to give bond guaranteed by a surety company, the cost thereof and of any additional bond required of and furnished by the treasurer and so guaranteed shall be borne by the state and shall be paid out of the appropriation to the office of the state treasurer; if the annual cost thereof does not exceed 0.25% of the amount of said bond.
History: 1991 a. 316
Assistant state treasurer; oath; bond; powers.
The state treasurer may appoint, in writing, an assistant state treasurer to perform any of the duties of the state treasurer, except to serve as a member of the board of commissioners of public lands. The assistant state treasurer shall take and subscribe the oath of office prescribed by article IV, section 28, of the constitution
and shall give bond to the state treasurer in the sum and with the conditions the state treasurer prescribes, conditioned for the faithful discharge of the duties. The oath of the assistant state treasurer and the certificate of appointment shall be filed and preserved in the office of the secretary of state. The state treasurer may require any employe to give bond to the state in the amount and with the conditions the state treasurer prescribes, conditioned for the faithful discharge of their duties. The cost of the bonds shall be charged to the appropriations under s. 20.585
History: 1983 a. 192
INTERSTATE BODIES AND AGREEMENTS
Interstate compacts. 14.76(1)(1)
This section shall apply to the establishment of agreements not affecting the sovereignty of the United States.
Any state agency may agree by compact with other states to apply existing standards for residents to nonresidents if the laws or regulations of the states with which such compacts are made are similarly applied to Wisconsin residents. The compact shall be effective when approved by joint resolution adopted by the legislature.
Any state agency may negotiate compacts with similar agencies in other states relating to the treatment of nonresidents on subjects within its delegated powers but on which no legislation providing standards has been enacted. Such compacts shall be submitted to the legislature and shall be effective when approved as are bills.
Each compact shall as nearly as possible set forth: