16.27(1)(am)
(am) "Crisis assistance" means a benefit that is given to a household experiencing or at risk of experiencing a heating-related emergency.
16.27(1)(b)
(b) "Dwelling" means the residence of a low-income warm room program volunteer.
16.27(1)(bm)
(bm) "Heating assistance" means a benefit, other than crisis assistance, that is given to a household to assist in meeting the cost of home heating.
16.27(1)(c)
(c) "Household" means any individual or group of individuals who are living together as one economic unit for whom residential energy is customarily purchased in common or who make undesignated payments for energy in the form of rent.
16.27(1)(d)
(d) "Low-income warm room program materials" include a removable, insulated radiator blanket, a portable remote control thermostat and other cost-efficient materials or repairs necessary to achieve maximum heating efficiency in a dwelling.
16.27(1)(e)
(e) "Low-income warm room program volunteer" means a person who is eligible for assistance under
42 USC 8621 to
8629, whose dwelling, in comparison to the dwellings of other persons eligible for assistance under
42 USC 8621 to
8629, has a high ratio of space to occupant, and who volunteers to take the training under
sub. (2) (b) and to cooperate with the department in the installation and operation of low-income warm room program materials in his or her dwelling.
16.27(1)(em)
(em) "Utility allowance" means the amount of utility costs paid by those individuals in subsidized housing who pay their own utility bills, as averaged from total utility costs for the housing unit by the housing authority.
16.27(2)(a)(a) The department shall administer low-income energy assistance as provided in this section to assist an eligible household to meet the costs of home energy with low-income home energy assistance benefits authorized under
42 USC 8621 to
8629.
16.27(2)(b)
(b) The department shall administer a low-income warm room program to install low-income warm room program materials in the dwellings of low-income warm room program volunteers and to train the low-income warm room program volunteers and the members of each low-income warm room program volunteer's household in the operation of the low-income warm room program materials to achieve maximum health and heating efficiency.
16.27(3)(b)
(b) By October 1 of every year from the appropriation under
s. 20.505 (1) (mb), determine the total amount available for payment of heating assistance under
sub. (6) and determine the benefit schedule.
16.27(3)(c)
(c) From the appropriation under
s. 20.505 (1) (mb), allocate $1,100,000 in each federal fiscal year for the department's expenses in administering the funds to provide low-income energy assistance.
16.27(3)(d)
(d) From the appropriation under
s. 20.505 (1) (n), allocate $2,900,000 in each federal fiscal year for the expenses of a county department, another local governmental agency or a private nonprofit organization in administering under
sub. (4) the funds to provide low-income energy assistance.
16.27(3)(e)1.
1. Allocate and transfer to the appropriation under
s. 20.505 (1) (n), 15% of the moneys received under
42 USC 8621 to
8629 in each federal fiscal year under the priority of maintaining funding for the geographical areas on July 20, 1985, and, if funding is reduced, prorating contracted levels of payment, for the weatherization assistance program administered by the department under
s. 16.26.
16.27(3)(e)3.
3. Except as provided under
subd. 6., allocate the balance of funds received under
42 USC 8621 to
8629 in a federal fiscal year, after making the allocations under
pars. (c) and
(d) and
subd. 1., for the payment of heating assistance or for the payment of crisis assistance under
sub. (6).
16.27(3)(e)6.
6. If federal funds received under
42 USC 8621 to
8629 in a federal fiscal year total less than 90% of the amount received in the previous federal fiscal year, submit a plan of expenditure under
s. 16.54 (2) (b).
16.27(3)(e)7.
7. By October 1 of each year, allocate funds budgeted but not spent and any funds remaining from previous fiscal years to heating assistance under
sub. (6) or to the weatherization assistance program under
s. 16.26.
16.27(4)(a)(a) A household may apply after September 30 and before May 16 of any year for heating assistance from the county department under
s. 46.215 (1) (n) or
46.22 (1) (b) 4m. a. to
e. or from another local governmental agency or a private nonprofit organization with which the department contracts to administer the heating assistance program, and shall have the opportunity to do so on a form prescribed by the department for that purpose.
16.27(4)(b)
(b) If by February 1 of any year the number of households applying under
par. (a) substantially exceeds the number anticipated, the department may reduce the amounts of payments made under
sub. (6) made after that date. The department may suspend the processing of additional applications received until the department adjusts benefit amounts payable.
16.27(5)
(5) Eligibility. Subject to the requirements of
subs. (4) (b) and
(8), the following shall receive low-income energy assistance under this section:
16.27(5)(b)
(b) A household with income which is not more than 60 percent of the statewide median household income.
16.27(5)(c)
(c) A household entirely composed of persons receiving aid to families with dependent children under
s. 49.19, food stamps under
7 USC 2011 to
2036, or supplemental security income or state supplemental payments under
42 USC 1381 to
1383c or
s. 49.77.
16.27(5)(d)
(d) A household with income within the limits specified under
par. (b) that resides in housing that is subsidized or administered by a municipality, a county, the state or the federal government in which a utility allowance is applied to determine the amount of rent or the amount of the subsidy.
16.27(5)(e)
(e) A household that is not eligible under
par. (c) that includes at least one person who is eligible for food stamps under
7 USC 2011 to
2036, excluding any household in an institution, as defined by the department of health services by rule. Notwithstanding
sub. (6), a household under this paragraph shall be eligible for a heating assistance benefit of not more than $1.
16.27(6)
(6) Benefits. Within the limits of federal funds allocated under
sub. (3) and subject to the requirements of
sub. (4) (b) and
s. 16.54 (2) (b), heating assistance shall be paid under this section according to a benefit schedule established by the department based on household income, family size and energy costs.
16.27(7)
(7) Individuals in state prisons or secured juvenile facilities. No payment under
sub. (6) may be made to a prisoner who is imprisoned in a state prison under
s. 302.01 or to a person placed at a juvenile correctional facility, as defined in
s. 938.02 (10p), or a secured residential care center for children and youth, as defined in
s. 938.02 (15g).
16.27(8)
(8) Crisis assistance program. A household eligible for heating assistance under
sub. (6) may also be eligible for a crisis assistance payment to meet a weather-related or fuel supply shortage crisis. The department shall define the circumstances constituting a crisis for which a payment may be made and shall establish the amount of payment to an eligible household or individual. The department may delegate a portion of its responsibility under this subsection to a county department under
s. 46.215 or
46.22 or to another local governmental agency or a private nonprofit organization.
16.27(9)
(9) Notice of utility disconnection required. Any public utility, as defined in
s. 196.01 (5), or any fuel distributor furnishing heat, light or power to a residential customer shall provide written notice of intent to disconnect or discontinue service during the months of November to April and shall include information concerning any federal, state or local program that provides assistance for fuel or home heating bills. The department shall provide printed information at no cost upon request to any fuel distributor serving residential customers except public utilities. The information shall describe the nature and availability of any federal, state or local program that provides assistance for fuel or home heating bills.
FINANCE
16.40
16.40
Department of administration, duties, powers. The department of administration shall:
16.40(1)
(1) Prepare budget. Discharge all duties in connection with the compilation of the biennial state budget report imposed by
ss. 16.42 to
16.46.
16.40(2)
(2) Attend finance committee. Attend all public hearings of the joint committee on finance and such executive meetings as the committee may desire, answer questions and give information called for by the committee relative to the financial operations of the state and its several agencies.
16.40(3)
(3) Prepare annual financial statement. Prepare at the end of each fiscal year not later than October 15, a condensed, and popular account of the finances of the state, showing the sources of the state's revenue and the purposes of its expenditures, including a comparison with the prior year; prepare at the end of each fiscal year not later than October 15, a statement of the condition of the general fund showing the cash balance, the accounts receivable, the accounts payable and the continuing unexpended and unencumbered appropriation balances; and prepare not earlier than January 1 nor later than February 1 in each year a tentative statement of the estimated receipts and disbursements of the general fund for the biennium in progress, showing also the estimated condition of the general fund at the end of the current biennium. A copy of each of such statements shall be filed in the legislative reference bureau and shall be sent to each member of the legislature.
16.40(4)
(4) Furnish information. Furnish such other information regarding the finances of the state and the financial operations of agencies as may be called for by the governor, the governor-elect, the legislature or either house thereof, or any member thereof.
16.40(5)
(5) Bookkeeping forms. Prescribe the forms of accounts and other financial records to be used by all agencies. Such accounts shall be as nearly uniform as is practical, and as simple as is consistent with an accurate and detailed record of all receipts and disbursements and of all other transactions affecting the acquisition, custodianship and disposition of value. The secretary may call upon the state auditor for advice and suggestions in prescribing such forms.
16.40(6)
(6) Take testimony. In the discharge of any duty imposed by law, administer oaths and take testimony and cause the deposition of witnesses to be taken in the manner prescribed for taking depositions in civil actions in circuit courts.
16.40(7)
(7) Collect revenue information. Collect from any available source and correlate information concerning any and all anticipated state revenues, including program revenues and segregated revenues from program receipts.
16.40(8)
(8) Collect information on disbursements. Collect and correlate information from all agencies concerning any agency disbursements and the proper time thereof.
16.40(9)
(9) Forecast revenues and expenditures. Forecast all revenues and expenditures of the state.
16.40(10)
(10) Determine minimum cash balances. Determine the minimum cash balances needed in public depositories in which operating accounts are maintained at all times to meet the operating requirements of all agencies.
16.40(11)
(11) Advise investment board director on surplus moneys. Advise the executive director of the investment board daily concerning surplus moneys available for investment from each of the various state funds.
16.40(12)
(12) Advise investment board director on cash needs. Advise the executive director of the investment board concerning the date when invested funds will be required in the form of cash. Said director shall furnish such reports of investments as may be required by the department of administration.
16.40(13)
(13) Cooperate in improvements of state fund management. Cooperate with the executive director of the investment board, the state treasurer, the department of revenue and other revenue agencies for the purpose of effecting improvements in the management and investment of state funds.
16.40(14)
(14) Committees. Perform administrative services required to properly account for the finances of committees created by law or executive order. The governor may authorize each committee to make expenditures from the appropriation under
s. 20.505 (1) (ka) not exceeding $2,000 per fiscal year. The governor shall report such authorized expenditures to the joint committee on finance at the next quarterly meeting of the committee. If the governor desires to authorize expenditures of more than $2,000 per fiscal year by a committee, the governor shall submit to the joint committee on finance for its approval a complete budget for all expenditures made or to be made by the committee. The budget may cover a period encompassing more than one fiscal year or biennium during the governor's term of office. If the joint committee on finance approves a budget authorizing expenditures of more than $2,000 per fiscal year by such a committee, the governor may authorize the expenditures to be made within the limits of the appropriation under
s. 20.505 (1) (ka) in accordance with the approved budget during the period covered by the budget. If after the joint committee on finance approves a budget for such a committee the governor desires to authorize expenditures in excess of the authorized expenditures under the approved budget, the governor shall submit a modified budget for the committee to the joint committee on finance. If the joint committee on finance approves a modified budget, the governor may authorize additional expenditures to be made within the limits of the appropriation under
s. 20.505 (1) (ka) in accordance with the modified budget during the period covered by the modified budget.
16.40(16)
(16) Maintain an accounting for operating notes. Maintain an accounting of, forecast and administer those moneys pledged for the repayment of operating notes issued under
subch. III of ch. 18, in accordance with agreements entered into by the secretary under
s. 16.004 (9).
16.40(17)
(17) Interstate bodies. Perform administrative services required to properly account for dues and related expenses for state participation in national or regional interstate governmental bodies specified in
s. 20.505 (1) (ka) or determined by the governor.
16.40(18)
(18) Require agencies to provide copies. Require each state agency, at the time that the agency submits a request to the department for an increased appropriation to be provided in an executive budget bill which is necessitated by the compensation plan under
s. 230.12 or a collective bargaining agreement approved under
s. 111.92, to provide a copy of the request to the director of the office of state employment relations and the joint committee on employment relations.
16.40(19)
(19) State-owned rental housing. Require each agency as defined in
s. 16.52 (7) which has a program revenue or segregated revenue appropriation for deposit of housing receipts to deposit all revenues received from rentals established under
s. 16.004 (8) for state-owned housing in that appropriation account, or if the appropriation is for more than one purpose, in a separate subaccount within that appropriation, and to pay all expenses for maintenance of the housing from that account or subaccount.
16.40(20)
(20) Public debt service costs projection. Prepare in each odd-numbered year for inclusion in the report submitted by the building commission under
s. 13.48 (7) a projection of the long-term trends in principal and interest costs on public debt contracted under
subchs. I and
IV of ch. 18 as a proportion of all tax revenues that are deposited or are expected to be deposited in the general fund. The projection shall take account of the recommendations adopted by the building commission for the long-range building program under
s. 13.48 (7) for the succeeding fiscal biennium and all proposed general obligation bonding contained in the executive budget bill or bills, including bonding for the authorized state building program as well as for other borrowing purposes.
16.40(21)
(21) Administrative services provided to the board of commissioners of public lands. Render an accounting to the board of commissioners of public lands for the costs of all administrative services provided by the department and other state agencies, as defined in
s. 20.001 (1), to the board. All moneys received from the board under
s. 24.64 for the costs of administrative services provided by the department and other state agencies shall be deposited in the general fund.
16.40(22)
(22) Sale of forest products at Fort McCoy. 16.40(22)(a)(a) Annually distribute an amount equal to 50% of the amount appropriated under
s. 20.505 (1) (ng) to the school districts located in whole or in part in Monroe County in proportion to the number of pupils in each such school district's membership, as defined in
s. 121.004 (5), in the previous school year who were residents of that county in the previous school year.
16.40(22)(b)
(b) Annually distribute an amount equal to 50% of the amount appropriated under
s. 20.505 (1) (ng) to Monroe County for the benefit of the public roads in Monroe County.
16.40(23)
(23) University of Wisconsin-Green Bay programming. Provide funding from the appropriation under
s. 20.505 (1) (km) to finance programming at the University of Wisconsin-Green Bay that is jointly developed by the Oneida Tribe and the University of Wisconsin-Green Bay.
16.40 History
History: 1971 c. 125;
1977 c. 196 s.
130 (3);
1977 c. 272;
1979 c. 1,
34,
221;
1981 c. 20,
27,
317;
1981 c. 390 s.
252;
1983 a. 27,
368,
524;
1985 a. 29;
1987 a. 4,
27;
1989 a. 31,
359;
1991 a. 39;
1993 a. 16;
1999 a. 9,
24,
185;
2001 a. 16,
109;
2003 a. 33 ss.
164,
9160;
2005 a. 25;
2007 a. 20.
16.401
16.401 Treasury management. The department shall:
16.401(1)
(1) Have custody of moneys. Receive and have charge of all moneys paid into the treasury and any other moneys received by officers and employees of state agencies, and pay out the moneys as directed by law, except as provided in
ss. 16.52 (7),
20.907 (5) (b),
20.920, and
20.929.
16.401(2)
(2) Issue receipts. Issue receipts for all money paid to the department.
16.401(3)
(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.
16.401(4)
(4) Pay on warrants sums authorized by law. 16.401(4)(a)(a) Pay out of the treasury, on demand, upon the warrants of the department, 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 endorsed on or annexed thereto, of the payee therein named or an authorized agent or assignee. The secretary shall accept telephone advice believed by him or her 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, and shall act upon such telephone advice as though it had been in writing.
16.401(4)(b)
(b) When in the judgment of the secretary balances in state public depository accounts are temporarily in excess of that required under
par. (a), the secretary may transfer the excess balance to 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. (14).
16.401(5)
(5) Account for interest. Pay into the treasury and account for all sums directly or indirectly received by the secretary by virtue of the secretary's office, or as interest or compensation for the use, deposit, or forbearance of any state moneys in the secretary's hands or under the secretary's control.
16.401(6)
(6) Keep cash and fund accounts. Keep records showing the number, date, and amount of each cash receipt issued by the department 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 secretary'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.
16.401(7)
(7) Report to governor monthly. Report to the governor monthly, or oftener if the governor so requires, on:
16.401(7)(a)
(a) 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.
16.401(7)(b)
(b) The amounts in each of the state depositories, together with the interest earned thereon.
16.401(7)(c)
(c) Any defalcation or neglect of duty of any disbursing or collecting officer or agent of the state.
16.401(8)
(8) Submit biennial report. As part of the report submitted under
s. 15.04 (1) (d), 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.
16.401(9)
(9) Report certain payments. Whenever the secretary 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.
16.401(10)
(10) Stamp checks and drafts. Cause to be plainly printed or stamped upon each check, share draft, and other draft issued by the secretary the period of time, as determined by the secretary but not to exceed one year, during which the check or other draft may be presented for payment. The secretary 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.
16.401(11)
(11) Provide services in connection with securities held in trust. Upon request therefor from any company, corporation, society, order, or association that has securities on deposit with the secretary, 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 endorsement 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 endorsed 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 endorsed on a note, bond, or other security, and may withhold any and all coupons cut or refuse endorsement 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.
16.401(12)
(12) Hold safekeeping receipts for federal securities. Whenever any federal securities are purchased under authority of any law and the secretary is custodian thereof the secretary 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.
16.401(13)
(13) Sale of investments. Whenever the department 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 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 that it bears.
16.401(14)
(14) 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.
16.401(15)
(15) Report fees and surcharges. Report annually to the legislature the amount of money collected by municipal and circuit courts as costs, fees, fines, forfeitures, and surcharges imposed under
ch. 814.
16.401 History
History: 2003 a. 33 ss.
55 to
60,
62 to
68,
165,
166;
2003 a. 139 s.
2d.
16.405
16.405
Requests for issuance of operating notes. 16.405(1)(1) At any time the department determines that a deficiency will occur in the funds of the state which will not permit the state to meet its operating obligations in a timely manner, it may prepare a request for the issuance of operating notes under
subch. III of ch. 18 and, subject to
subs. (2) and
(3), may submit the request to the building commission.
16.405(2)
(2) The department may not submit a request to the building commission under
sub. (1) unless the request is signed by the secretary and the governor.
16.405(3)
(3) If the department proposes to submit a request to the building commission under
sub. (1), the secretary shall notify the joint committee on finance in writing of the proposed action. If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed submission within 14 working days after the date of the secretary's notification, the department may submit the request to the building commission as proposed. If, within 14 working days after the date of the secretary's notification, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed submission, the department may submit the request to the building commission only upon approval of the committee.
16.405 History
History: 1983 a. 3;
1985 a. 29;
1997 a. 27.
16.41
16.41
Agency and authority accounting; information; aid. 16.41(1)(1) All agencies shall keep their accounts and other financial records as prescribed by the secretary under
s. 16.40 (5), except as otherwise specifically directed by law. All agencies and authorities shall furnish to the secretary all information relating to their financial transactions which the secretary requests pursuant to this subchapter for such periods as the secretary requests, and shall render such assistance in connection with the preparation of the state budget report and the budget bill and in auditing accounts, as the secretary or the governor may require.
