20.909(2) (2)Escheated property. The state treasurer may sell either at public or private sale any personal property turned over to the treasurer as an escheat. The proceeds of any such sale shall become a part of the school fund, and shall be subject to refund as specified by the provision of law pursuant to which the property escheated.
20.909 History History: 1991 a. 206, 316.
20.910 20.910 State percentage; notice of default. If the department of administration does not receive from the clerk of the circuit court the statement relative to the state percentage of fees and other payments required by s. 59.40 (2) (m) together with a receipt for the sum required by law to be paid on the actions so entered during the preceding month, on or before the first day of the next succeeding month, it shall immediately notify the judge of the circuit court of the county of the failure to transmit the statement or receipt or both; and the judge shall thereupon notify the clerk to show cause why he or she should not be removed from office in the manner provided by law.
20.910 History History: 1977 c. 29; 1981 c. 317; 1995 a. 201.
20.912 20.912 Cancellation and reissue of checks and share drafts.
20.912(1)(1)Cancellation of outstanding checks and share drafts. If any check, share draft or other draft drawn and issued by the state treasurer upon the funds of the state in any state depository is not paid within the time period designated by the state treasurer under s. 14.58 (12) as shown on the check or other draft, the state treasurer shall cancel the check or other draft and credit the amount thereof to the fund on which it is drawn.
20.912(2) (2)Reserve for canceled drafts. All amounts credited pursuant to sub. (1) shall be credited by the department of administration to a continuing reserve for checks, share drafts and other drafts canceled of the fund concerned, to be used for the payment of demands under sub. (3). Any check, share draft or other draft canceled on which demand for payment has not been presented within 6 years from date of issue shall be reverted from the reserve for canceled checks, share drafts and other drafts to the general revenues of the fund concerned by the department of administration.
20.912(3) (3)Reissue of canceled checks, share drafts and other drafts. When the payee or person entitled to any check, share draft or other draft canceled under sub. (1) by the state treasurer, or the payee or person entitled to any warrant so canceled by the department of administration, demands such check, share draft, other draft or warrant or payment thereof, the department of administration shall issue a new warrant therefor, to be paid out of the proper fund by the state treasurer.
20.912(3m) (3m)Confidentiality of canceled checks, share drafts and other drafts. Information appearing in the register of canceled checks, share drafts and other drafts about a check, share draft or other draft canceled under sub. (1) is not available for inspection or copying under s. 19.35 (1) until 6 years after the date of issue or until the check, share draft or other draft is reissued under sub. (3), whichever is earlier.
20.912(4) (4)Insolvent depositories. When the bank, savings and loan association, savings bank or credit union on which any check, share draft or other draft is drawn by the state treasurer before payment of such check, share draft or other draft becomes insolvent or is taken over by the division of banking, division of savings and loan, the federal home loan bank board, the U.S. office of thrift supervision, the federal deposit insurance corporation, the resolution trust corporation, the office of credit unions, the administrator of federal credit unions or the U.S. comptroller of the currency, the state treasurer shall on the demand of the person in whose favor such check, share draft or other draft was drawn and upon the return to the treasurer of such check, share draft or other draft issue a replacement for the same amount.
20.912(5) (5)Lost, stolen or destroyed checks, share drafts and other drafts. If any check, share draft or other draft drawn and issued by the state treasurer is lost, stolen or destroyed and the bank, savings and loan association, savings bank or credit union on which the check, share draft or other draft is drawn has been notified to stop payment thereon, the state treasurer may, after acknowledgment by the bank, savings and loan association, savings bank or credit union that the check, share draft or other draft has not been paid, issue a replacement check, share draft or other draft and thereafter the state treasurer shall be relieved from all liability thereon.
20.913 20.913 Refunds. Moneys may be refunded from each state fund as follows:
20.913(1) (1)Taxes and fees.
20.913(1)(a)(a) Advance payments. Moneys paid as a deposit or advance payment. If such moneys have been credited to an appropriation, such appropriation shall, at the time of making such refunds, be charged therewith. License fees may be refunded under this section when the license for which a fee was paid cannot be issued for any reason, or when a refund is requested prior to the beginning of the period for which the fee was paid or when a change in state laws or regulations prevents the licensee from availing himself or herself of the privileges of the license.
20.913(1)(b) (b) Excess tax payments. Taxes collected in excess of lawful taxation, when claims therefor have been established as provided in ss. 71.30 (4), 71.74 (13), 71.75, 71.89 (1), 72.24, 74.35, 74.37, 76.13 (3), 76.38, 76.39, 76.84, 76.91, 78.19, 78.20, 78.68 (10), 78.75, 78.80 (1m), 139.092, 139.25 (1), 139.36, 139.365 and 139.39 (4).
Effective date note NOTE: Par. (b) is repealed and recreated eff. 5-15-98 by 1995 Wis. Act 351 to read:
Effective date text (b) Excess tax payments. Taxes collected in excess of lawful taxation, when claims therefor have been established as provided in ss. 71.30 (4), 71.74 (13), 71.75, 71.89 (1), 72.24, 74.35, 74.37, 76.13 (3), 76.39, 76.84, 76.91, 78.19, 78.20, 78.68 (10), 78.75, 78.80 (1m), 139.092, 139.25 (1), 139.36, 139.365 and 139.39 (4).
20.913(1)(c) (c) Insurance fees. Any balances remaining at the end of any calendar year, of any deposits made by insurers in anticipation of fees, as provided in s. 601.13 (11).
20.913(2) (2)Errors.
20.913(2)(a)(a) General. Moneys paid in error, or in overpayment, such refunds to be made by voucher in accordance with procedure established by the department of administration.
20.913(3) (3)Escheated property.
20.913(3)(a)(a) General. Any moneys escheated to the state for which claims are established as provided by statute.
20.913(3)(b) (b) Lands. For repayment of moneys paid to the state on purchases of public or escheated lands, as provided in ss. 24.11, 24.33, 24.34 and 24.35.
20.913(3)(bm) (bm) Corrections. For repayment of moneys paid under s. 301.32 (1), the payments to be made upon the certification of the department of corrections.
20.913(3)(c) (c) Health and family services. For repayment of moneys paid under s. 46.07, the payments to be made upon the certification of the department of health and family services.
20.913(3)(d) (d) Canceled drafts. For payment of moneys under s. 20.912.
20.914 20.914 Acquisition of land and buildings. All appropriations made by law for the purchase of land and for the construction of new buildings or additions to existing buildings shall be expended only in accordance with the following conditions:
20.914(1) (1)Land purchase, governor's approval. No land shall be purchased and no contract or contracts entered into for the purchase of any land by any state agency until complete estimates of the total cost thereof shall have been submitted to and approved in writing by the governor. The governor shall withhold such approval until the governor is satisfied by a personal investigation, or by such other means as the governor adopts, that such land is required for the purpose proposed, and can be purchased for the sum proposed out of the appropriations made for such purpose.
20.914(2) (2)Construction in order of need. Except as expressly provided otherwise, all construction shall be in the order of the greatest need therefor, as determined by the state agency to whom the appropriation is made.
20.914 History History: 1973 c. 333; 1991 a. 316.
20.915 20.915 State motor vehicles and aircraft.
20.915(1) (1)Purchase. Each state agency, upon written approval of the governor, may purchase necessary aircraft, trucks and automobiles for its general use. All aircraft, trucks and automobiles shall be purchased through the department of administration under ss. 16.70 to 16.82. The department of administration shall ensure that each general fleet passenger automobile at the time of procurement has a fuel economy rating of no less miles per gallon than the fleet average miles per gallon required of automobile manufacturers by the federal government at that time. Law enforcement vehicles and work vehicles for heavy passenger or equipment loads are exempt from the mileage requirement.
20.915(2) (2)Insurance. Every state agency may secure public liability, property damage and fire, theft and windstorm insurance for the protection of state automobiles, trucks and aircraft. Such insurance may provide public liability and property damage coverage for state traffic patrol officers and conservation division employes when, in the performance of their official duties, it is necessary to move other vehicles. The cost of such insurance by such state agencies shall be audited and paid in the same manner as other expenses.
20.915(5) (5)Definition. In this section, "automobile" has the meaning given under s. 340.01 (4).
20.915 History History: 1977 c. 29; 1979 c. 34, 221, 355; 1981 c. 20; 1983 a. 27.
20.916 20.916 Traveling expenses.
20.916(1)(1)Employes to be reimbursed. State officers and employes shall be reimbursed for actual, reasonable and necessary traveling expenses incurred in the discharge of their duties in accordance with sub. (9). The officers and employes of any state agency shall, when for reasons of economy or efficiency they are stationed at any other place than an official location of such state agency, receive their actual and necessary traveling and other expenses when called to such official location for temporary service.
20.916(1m) (1m)Reimbursement of volunteers. Except where reimbursement is required by law, an individual who volunteers his or her services to a state agency may, at the discretion of the appointing authority of the state agency receiving the services, be reimbursed by the state agency for actual and necessary travel expenses incurred in the performance of the services. Reimbursement shall not exceed the maximum amounts established for state officers and employes under sub. (8).
20.916(2) (2)Reimbursement of job applicants. Subject to rules of the secretary of the department of employment relations, reimbursement may be made to applicants for all or part of actual and necessary travel expenses incurred in connection with oral examination and employment interviews.
20.916(3) (3)Furnishing of group transportation to place of work. The department of health and family services, the department of corrections and the department of natural resources may, with the approval of the governor and the department of administration, provide group transportation, in the absence of convenient and public scheduled transportation, for employes to and from the Mendota and Winnebago mental health institutes and the centers for the developmentally disabled in the case of employes of the department of health and family services, to the Ethan Allen school, the Taycheedah correctional institution and the Fox Lake correctional institution in the case of employes of the department of corrections, and to and from its temporary branch offices located at the Nevin fish hatchery grounds in the case of employes of the department of natural resources. Any employe, if injured while being so transported, shall be deemed to have been in the course of his or her employment.
20.916(4) (4)Use of private automobiles.
20.916(4)(a)(a) If any state agency determines that the duties of any employe require the use of an automobile, it may authorize such employe to use a personal automobile in the employe's work for the state, and reimburse the employe for such at a rate which is set biennially by the department of employment relations under sub. (8) subject to the approval of the joint committee on employment relations.
20.916(4)(b) (b) Upon recommendation of the head of the state agency and approval by the secretary of administration, an additional reimbursement at the rate of one cent per mile may be paid to any employe for the use of the employe's personal automobile when used as an emergency vehicle or under conditions which may cause excessive wear or depreciation including pulling trailers or which require the installation of special equipment.
20.916(4)(c) (c) For travel between points convenient to be reached by railroad, bus or commercial airplane without unreasonable loss of time, the allowance for the use of a personal automobile shall not exceed the lowest cost of the most practical means of public transportation between such points. The department of administration shall give due consideration to the circumstances on each case when determining the most practical means of public transportation. The cost of meals and lodging paid by the state and the cost of the use of a state-owned automobile not chargeable to an employe may not exceed the cost which would have been incurred had the most practical form of public transportation been used, at the most appropriate time, if a practical form of public transportation is available.
20.916(4)(d) (d) All allowances for the use of a personal automobile shall be paid upon the certification of the amounts payable by the head of the state agency to the department of administration.
20.916(4)(e) (e) When an assigned or pool state-owned automobile is available and tendered to an employe, and the employe exercises the option to utilize the employe's personal automobile on state business, the mileage allowance shall be at a rate equal to the approximate cost per mile of operation of state automobiles, including depreciation, as determined by the secretary of administration.
20.916(4m) (4m)Use of private motorcycles. Except as otherwise provided in this subsection, if any state agency determines that the duties of an employe require the use of a motor vehicle, and use of a personal motor vehicle is authorized by the agency under similar circumstances, the agency shall authorize the employe to use a personal motorcycle for such duties and shall reimburse the employe for such use at rates determined biennially by the secretary of employment relations under sub. (8), subject to the approval of the joint committee on employment relations. No state agency may authorize an employe to use or reimburse an employe for the use of a personal motorcycle under this subsection if more than one individual is transported on the motorcycle. All allowances for the use of a motorcycle shall be paid upon approval and certification of the amounts payable by the head of the state agency for which the employe performs duties to the department of administration. In this subsection, "motorcycle" has the meaning given under s. 340.01 (32).
20.916(5) (5)Use of private airplanes.
20.916(5)(a)(a) Whenever any state agency determines that the duties of any member or employe require the use of an airplane, it may authorize him or her to charter such airplane with or without a pilot; and it may authorize any member or employe to use his or her personal airplane and reimburse him or her for such use at a rate set biennially by the department of employment relations under sub. (8), subject to the approval of the joint committee on employment relations. Such reimbursement shall be made upon the certification of the amount by the head of the state agency to the department of administration.
20.916(5)(b) (b) The head of the state agency whose members or employes are authorized to use their own airplanes in their work for the state shall file with the department of administration a list of all persons so authorized and the airplanes so to be used with a statement of the passenger capacity of each such airplane.
20.916(6) (6)Payment for unauthorized travel prohibited. The payment of travel expenses not authorized by statute is prohibited. Any unauthorized payment made shall be recoverable as for debt from the person to whom made.
20.916(7) (7)Personal use of state vehicles and aircraft. With the approval of the secretary of administration, a state officer or employe may use a state-owned motor vehicle or state-owned aircraft for personal use. An officer or employe shall reimburse the state for personal use of a state-owned motor vehicle at the same reimbursement rate provided an employe by the state for the use of his or her personal automobile on state business as approved in the schedule under sub. (8). An officer or employe shall reimburse the state for personal use of a state-owned aircraft at a rate determined by the secretary of administration which covers all costs associated with the operation of the aircraft.
20.916(8) (8)Uniform travel schedule amounts; allowances.
20.916(8)(a)(a) The secretary of employment relations shall recommend to the joint committee on employment relations uniform travel schedule amounts for travel by state officers and employes whose compensation is established under s. 20.923 or 230.12. Such amounts shall include maximum permitted amounts for meal and lodging costs, special allowance expenses under sub. (9) (d) and porterage tips, except as authorized under s. 16.53 (12) (c). In lieu of the maximum permitted amounts for expenses under sub. (9) (b), (c) and (d), the secretary may recommend to the committee a per diem amount and method of reimbursement for any or all expenses under sub. (9) (b), (c) and (d). The secretary shall also recommend to the committee the amount of the allowance for legislative expenses under s. 13.123 (1) (a) 1.
20.916(8)(b) (b) The approval process for the uniform travel schedule amounts and allowances for legislative expenses under this subsection shall be the same as that provided under s. 230.12 (3) (b). The approved amounts for the uniform travel schedule and legislative expense allowances shall be incorporated into the compensation plan under s. 230.12 (1).
20.916(9) (9)Reimbursement for travel expenses.
20.916(9)(a)(a) Definitions. In this subsection, unless the context otherwise requires:
20.916(9)(a)1. 1. "Employe" means any officer or employe of the state and any legislator or board member entitled to actual, reasonable and necessary expenses.
20.916(9)(a)2. 2. "Headquarters city", "headquarters village" and "headquarters town" include the area within the city, village or town limits, if any, where an employe's permanent work site is located and the area within a radius of 15 miles from the employe's permanent work site.
20.916(9)(a)3. 3. "Reasonable" means not extreme or excessive.
20.916(9)(b) (b) Lodging. All reimbursement claims for lodging must be accompanied by a receipt.
20.916(9)(c) (c) Meals. Subject to the limitation prescribed in s. 16.53 (12) (c), employes shall be reimbursed for all reasonable amounts expended for their own meals incurred in the performance of their official duties. Receipts for meals are not required except for any unusual amount, which must be accompanied by a receipt and full explanation of the reasonableness of such expense.
20.916(9)(d) (d) Special allowance expenses. Employes shall be reimbursed for the following expenses when traveling on state business:
20.916(9)(d)1. 1. For reasonable laundry, cleaning or pressing service, if away from home more than 3 days. Charges shall be limited to one cleaning, one pressing and one laundry charge per calendar week.
20.916(9)(d)2. 2. For tips for meals and taxis, at the maximum rate of 15% of the meal charge or taxi fare.
20.916(9)(d)3. 3. For a reasonable number of travel-related, personal telephone calls.
20.916(9)(e) (e) Expenses in an employe's headquarters city, village or town. Employes who are headquartered in a city, village or town in which the expense occurs shall be reimbursed for their actual, reasonable and necessary expenses incurred in the discharge of official duties only on the approval of the head of the employe's agency. This does not apply to travel between an employe's residence and the city, village or town in which the employe is headquartered, which shall not be reimbursable.
20.916(9)(f) (f) Transportation. Employes shall be reimbursed for their actual transportation expenses when traveling in the performance of their official duties, subject to the following limitations:
20.916(9)(f)1. 1. Scheduled air travel. Reimbursement for air travel shall be limited to the lowest appropriate airfare, as determined by the secretary of employment relations. An employe may be reimbursed for air travel at a rate other than the lowest appropriate airfare only if the employe submits a written explanation of the reasonableness of the expense.
20.916(9)(f)2. 2. Train. Travel by train shall be limited to coach unless overnight, where accommodations should be limited to roomette.
20.916(9)(f)3. 3. Reimbursement. All claims for reimbursement of transportation expense, except for taxicabs and airport limousines, must be accompanied by a receipt.
20.916 Annotation The department of administration may not impose requirement of demonstrating automobile liability insurance coverage and possession of a valid operator's license upon state employes as a condition for entitlement to reimbursement for travel expense. 59 Atty. Gen. 47.
20.916 Annotation University cannot accept trust funds which are for unlawful purpose and expenditure of trust funds must comply with special and general laws. 62 Atty. Gen. 4.
20.917 20.917 Moving expenses; temporary lodging allowance.
20.917(1)(1)
20.917(1)(a)(a) Whenever an employe currently employed in a position in the civil service, other than on a limited term basis, is ordered to relocate or is promoted to a different position in the civil service and the new place of employment requires in the judgment of the new appointing authority at the new place of employment, or in the judgment of the appointing authority in an intra-agency relocation or promotion, a change in location of residence, the appointing authority shall authorize the employe to be reimbursed for the actual and necessary expense of transporting the employe and the immediate members of the employe's family to the new place of residence and for the transportation of the employe's household effects to the new place of residence.
20.917(1)(b) (b) Reimbursement under this section for an employe who relocates as a result of transfer or demotion made at the employe's request is at the discretion of the new appointing authority, or in an intra-agency transfer or demotion at the employe's request, at the discretion of the appointing authority of the state agency by which the employe is employed.
20.917(1)(c) (c) Reimbursement for moving expenses may be granted to a person reporting to his or her first place of employment or reporting upon reemployment after leaving the civil service, if reimbursement is recommended by the appointing authority and approved in writing by the secretary of employment relations prior to the time when the move is made.
20.917(1)(d) (d) Reimbursement may not be granted if the distance between the old and new residences of the employe is less than a minimum distance established for reimbursement of moving expenses in the compensation plan under s. 230.12 (1).
20.917(1)(e) (e) In addition to other costs payable under this subsection, an employe who is eligible for reimbursement under par. (a) shall be paid a stipend of $600 for preparation of household effects incident to moving and other moving expenses not otherwise reimbursable under this section. An employe who is eligible for reimbursement under par. (b) may, at the discretion of the appointing authority, be paid a stipend of not more than $600 for preparation of household effects incident to moving and other moving expenses not otherwise reimbursable under this section. An appointee who receives reimbursement under par. (c) may, at the discretion of the appointing authority, be paid a stipend of not more than $600 for preparation of household effects incident to moving and other moving expenses not otherwise reimbursable under this section.
20.917(2) (2)
20.917(2)(a)(a) The secretary of employment relations shall recommend a maximum dollar amount which may be permitted for reimbursement of any employe moving costs under sub. (1) (a) to (c), subject to the limitations prescribed in par. (b). This amount shall be submitted for the approval of the joint committee on employment relations in the manner provided in s. 20.916 (8), and upon approval shall become a part of the compensation plan under s. 230.12 (1).
20.917(2)(b) (b) The amount of reimbursement for moving household effects interstate may not exceed the maximum amount as set forth in the rate tables of the major household goods tariff publishing bureaus, as determined by the department of administration. The amount of reimbursement for moving household effects intrastate may not exceed the maximum amount established by the department of administration for the weight of goods moved and the distance involved. In any instance, the amount of reimbursement for moving household effects may not exceed the amount required to move household effects with a weight of 15,000 pounds at the maximum rates for transporting household effects established by the department of administration. The amount of reimbursement for transporting the employe and his or her immediate family to the new place of residence may not exceed the cost of automobile travel at the rate determined under s. 20.916 (4).
20.917(2)(c) (c) No more than 2 reimbursements under sub. (1) may be granted to any employe in a calendar year. Each reimbursement shall be approved and paid in the same manner as provided for the payment of travel expenses under s. 20.916.
20.917(2m) (2m) An individual who is living outside the contiguous 48 states and the District of Columbia and who incurs travel and transportation expenses for the purpose of reporting to his or her first place of employment or reporting upon reemployment after leaving the civil service to a location within the contiguous 48 states or District of Columbia may be reimbursed for actual, necessary and reasonable expenses incurred, if the reimbursement is recommended and approved in the manner prescribed in sub. (1) (c). In no case may the reimbursement exceed the maximum reimbursement rate for an individual who incurs such expenses upon appointment to a position in the federal government, as prescribed by applicable federal regulation. The reimbursement payable under this subsection is in lieu of the reimbursement otherwise payable under subs. (1) and (2).
20.917(3) (3)
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