1995 Wisconsin Act 27

27,263r Section 263r. 16.20 (10) (g) 1. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 106.215 (10) (g) 1. and amended to read:

106.215 (10) (g) 1. A person who is employed as a corps enrollee for a 6-month to one-year period of continuous employment, as determined by standards adopted by the board, and who receives a satisfactory employment evaluation upon termination of employment is entitled to an incentive payment of $500 prorated in the same proportion as the number of hours of employment completed by that person bears to 2,080 hours or an education voucher that is worth at least double the monetary value of the prorated incentive payment, but not more than $2,200 $2,400 prorated in the same proportion as the number of hours of employment completed by that person bears to 2,080 hours. No corps enrollee may receive more than 2 incentive payments or 4 education vouchers.

27,264 Section 264 . 16.20 (10) (g) 2. of the statutes is renumbered 106.215 (10) (g) 2.

27,265 Section 265 . 16.20 (10) (g) 3. of the statutes is renumbered 106.215 (10) (g) 3.

27,266 Section 266 . 16.20 (10) (h) of the statutes is renumbered 106.215 (10) (h).

27,267 Section 267 . 16.20 (11) (title) of the statutes is renumbered 106.215 (11) (title).

27,268m Section 268m. 16.20 (11) (a) of the statutes is amended to read:

16.20 (11) (a) Age. In order to qualify for employment as a corps member or an assistant crew leader, a person is required to have attained the age of 18 years but may not have attained the age of 26 years at the time he or she accepts employment. In order to qualify for employment as a crew leader or a regional crew leader, a person is required to have attained the age of 18 years at the time he or she accepts employment.

27,268r Section 268r. 16.20 (11) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 106.215 (11) (a).

27,268t Section 268t. 16.20 (11) (b) of the statutes is renumbered 106.215 (11) (b).

27,269 Section 269 . 16.20 (11) (c) of the statutes is amended to read:

16.20 (11) (c) Enrollment period. In order to qualify for employment as a corps enrollee, a person is required to sign a statement of intention to serve in the Wisconsin conservation corps program for a 6-month to one-year period. This statement does not obligate the board to provide employment for the enrollee for that period.

27,269m Section 269m. 16.20 (11) (c) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 106.215 (11) (c).

27,270m Section 270m. 16.20 (11) (d) of the statutes is amended to read:

16.20 (11) (d) Training and skills. No training or skills are required in order to qualify for employment as a corps member. The board shall establish minimum levels of performance, training and skills required to qualify for employment as or promotion to assistant crew leader or, crew leader or regional crew leader.

27,270r Section 270r. 16.20 (11) (d) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 106.215 (11) (d).

27,271 Section 271 . 16.20 (11) (e) of the statutes is renumbered 106.215 (11) (e).

27,272 Section 272 . 16.20 (12) (title) of the statutes is renumbered 106.215 (12) (title).

27,273m Section 273m. 16.20 (12) (a) of the statutes is amended to read:

16.20 (12) (a) Standards. The board shall establish standards for the selection of full-time and part-time corps enrollees from among those persons who are qualified and seek employment.

27,273r Section 273r. 16.20 (12) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 106.215 (12) (a).

27,274 Section 274 . 16.20 (12) (am) and (b) of the statutes are renumbered 106.215 (12) (am) and (b).

27,275m Section 275m. 16.20 (12) (c) of the statutes is renumbered 106.215 (12) (c) and amended to read:

106.215 (12) (c) Hiring procedure. The board shall develop procedures for the hiring of corps enrollees in cooperation with the department of industry, labor and human relations. The board shall utilize any appropriate local job service office in the area of a project to distribute applications, conduct interviews and evaluate applicants and make recommendations concerning the hiring of corps enrollees. The board may utilize project sponsors who are sponsoring long-term projects to conduct interviews, evaluate applicants and make recommendations concerning the hiring of corps enrollees.

27,276 Section 276 . 16.20 (13) (title) of the statutes is renumbered 106.215 (13) (title).

27,277m Section 277m. 16.20 (13) (a) of the statutes is amended to read:

16.20 (13) (a) Enrollment period. The normal enrollment period for a corps member who is not promoted to assistant crew leader is one year. The board may authorize the employment of a corps member who is not promoted to assistant crew leader beyond the normal 6-month to one-year enrollment period for a limited time, not to exceed one year, if the corps member has a disability. The normal enrollment period for a corps member who is promoted to assistant crew leader or for a person who is hired as assistant crew leader is 2 years. The board may authorize the employment of a corps member or assistant crew leader beyond the normal enrollment period for a limited time, not to exceed 3 months, under special circumstances where continued employment is required in order to complete a project in progress. The normal enrollment period for a crew leader or a regional crew leader is 2 years. The board may extend the employment of a crew leader beyond the normal enrollment period if the crew leader possesses special experience, training or skills valuable to the program. The board may extend the employment of a regional crew leader for an unlimited time.

27,277r Section 277r. 16.20 (13) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 106.215 (13) (a).

27,278 Section 278 . 16.20 (13) (b) of the statutes is renumbered 106.215 (13) (b).

27,279 Section 279 . 16.21 of the statutes is renumbered 41.41, and 41.41 (4) (c), (5) (e) and (12) (a), as renumbered, are amended to read:

41.41 (4) (c) The department of agriculture, trade and consumer protection, the department of natural resources, the department of transportation, the department of development, the department of administration, the state historical society and the university of Wisconsin-extension shall cooperate with and assist the board in matters related to its functions.

(5) (e) Consult and cooperate with the department of agriculture, trade and consumer protection, the department of natural resources, the department of transportation, the department of development, the department of administration, the state historical society, the university of Wisconsin-extension, the Winnebago tribe and any other Indian tribe which appoints a liaison representative to the board regarding the management of the Kickapoo valley reserve.

(12) (a) The department of natural resources shall have police supervision over the Kickapoo valley reserve, other land acquired by the board and all publicly owned rights-of-way adjacent thereto, and its duly appointed agents may arrest, with or without warrant, any person on that property committing an offense against the laws of the state or in violation of any rule of the board in force on that property, and deliver the person to circuit court for the county where the offense is committed and make and execute a complaint charging the person with the offense committed. The district attorney of the county where the offense is committed shall appear and prosecute all actions arising under this paragraph. This paragraph does not preclude exercise of concurrent law enforcement jurisdiction in or adjacent to the reserve, or on other land acquired by the board, by any authority to whom jurisdiction is granted by law.

27,280 Section 280. 16.22 (title), (1) and (2) (intro.) and (a) to (g) of the statutes are renumbered 106.40 (title), (1) and (2) (intro.) and (a) to (g).

27,281 Section 281. 16.22 (2) (h) of the statutes is renumbered 106.40 (2) (h) and amended to read:

106.40 (2) (h) From the appropriations under s. 20.505 (4) (j) and (p) 20.445 (1) (jc) and (pe), award grants to persons providing national service programs, giving priority to the greatest extent practicable to persons providing youth corps programs.

27,282 Section 282. 16.22 (2) (i) to (L) and (3) of the statutes are renumbered 106.40 (2) (i) to (L) and (3).

27,283 Section 283 . 16.352 (5) (a) of the statutes is renumbered 16.352 (5).

27,284 Section 284 . 16.352 (5) (b) of the statutes is repealed.

27,284m Section 284m. 16.354 of the statutes is repealed.

27,285 Section 285 . 16.39 (3) of the statutes is amended to read:

16.39 (3) Application procedure. A household may apply after September 30 and before May 16 of any year for weatherization assistance from the county department under s. 46.215 (1) (n) or 46.22 (1) (b) 10. 4m. a. to e. and shall have the opportunity to do so on a form prescribed by the department for that purpose.

27,286 Section 286 . 16.39 (4) (b) of the statutes is amended to read:

16.39 (4) (b) A household entirely composed of persons receiving aid to families with dependent children under s. 49.19, food stamps under 7 USC 2011 to 2029, or supplemental security income or state supplemental payments under 42 USC 1381 to 1383c or s. 49.177 49.77.

27,287 Section 287 . 16.41 (4) of the statutes is amended to read:

16.41 (4) In this section, “authority" means a body created under ch. 231, 233 or 234.

27,288p Section 288p. 16.42 (1) (intro.) of the statutes is amended to read:

16.42 (1) (intro.) All agencies, other than the legislature and the courts, no later than September 15 of each even-numbered year, in the form and content prescribed by the department subject to the requirements of sub. (3), shall prepare and forward to the department and to the legislative fiscal bureau the following program and financial information:

27,288q Section 288q. 16.42 (3) of the statutes is created to read:

16.42 (3) (a) In this subsection:

1. “Agency" has the meaning given in s. 16.52 (7).

2. “Zero-based budgeting" means compilation of a budget in which each component is justified on the basis of cost, need and relation to the statutory responsibilities of the agency for which the budget is made.

(b) For the period consisting of the fiscal biennia from 1997-99 to 2005-07, the department shall require each agency to submit one budget request prepared using the principles of zero-based budgeting for each of its activities, units and programs. Insofar as practicable, the department shall require 20% of the agencies to submit a budget request under this subsection for each fiscal biennium during this period.

27,288r Section 288r. 16.475 of the statutes is created to read:

16.475 Information technology budget plan. (1) In this section:

(a) “Agency" has the meaning given in s. 16.97 (1).

(b) “Information technology" has the meaning given in s. 16.97 (6).

(2) In March of each odd-numbered year, the governor shall submit to the cochairpersons of the joint committee on finance an information technology budget plan that includes at least the following information:

(a) The amounts anticipated to be expended by each agency in the current fiscal biennium and the amounts requested by each agency for expenditure in the succeeding fiscal biennium for information technology operations and improvements.

(b) An evaluation of how such proposed expenditures would conform with the planning of the agency with respect to its business operations, the strategic plan of the agency for the use and application of information technology and the applicable strategic plan for the use and application of information technology under s. 13.90 (6), 16.971 (2) (m), 36.11 (31) or 758.19 (7).

(c) A recommendation for each agency concerning what amount of each agency's proposed expenditures should be funded in the succeeding fiscal biennium, including the funding sources and methods of financing for each expenditure, based on the appropriateness of the expenditure in relation to the agency's information technology plan and priorities and in relation to proposed total state information technology expenditures, the statewide strategic plan under s. 16.971 (2) (m) and priorities indicated in that plan.

(d) An identification of each information technology system or application in each recommendation that has not been previously funded and the anticipated total cost of designing, implementing and providing continued support for the system or application.

27,290 Section 290 . 16.50 (3) of the statutes is amended to read:

16.50 (3) Limitation on increase of force and salaries. No department, except the legislature or the courts, may increase the pay of any employe, expend money or incur any obligation except in accordance with the estimate that is submitted to the secretary as provided in sub. (1) and approved by the secretary or the governor. No change in the number of full-time equivalent positions authorized through the biennial budget process or other legislative act may be made without the approval of the joint committee on finance, except for position changes made by the governor under s. 16.505 (1) (c) or (2), by the University of Wisconsin Hospitals and Clinics Board under s. 16.505 (2n) or by the board of regents of the university of Wisconsin system under s. 16.505 (2m). The secretary may withhold, in total or in part, the funding for any position, as defined in s. 230.03 (11), as well as the funding for part-time or limited term employes until such time as the secretary determines that the filling of the position or the expending of funds is consistent with s. 16.505 and with the intent of the legislature as established by law or in budget determinations, or the intent of the joint committee on finance creating or abolishing positions under s. 13.10, the intent of the governor creating or abolishing positions under s. 16.505 (1) (c) or (2) or the intent of the board of regents of the university of Wisconsin system in creating or abolishing positions under s. 16.505 (2m). Until the release of funding occurs, recruitment or certification for the position may not be undertaken. The secretary shall submit a quarterly report to the joint committee on finance of any position changes made by the governor under s. 16.505 (1) (c). No pay increase may be approved unless it is at the rate or within the pay ranges prescribed in the compensation plan or as provided in a collective bargaining agreement under subch. V of ch. 111. At the request of the secretary of employment relations, the secretary of administration may authorize the temporary creation of pool or surplus positions under any source of funds if the secretary of employment relations determines that temporary positions are necessary to maintain adequate staffing levels for high turnover classifications, in anticipation of attrition, to fill positions for which recruitment is difficult. Surplus or pool positions authorized by the secretary shall be reported quarterly to the joint committee on finance in conjunction with the report required under s. 16.54 (8).

27,293 Section 293 . 16.505 (1) (intro.) of the statutes is amended to read:

16.505 (1) (intro.) Except as provided in subs. (2) and, (2m) and (2n), no position, as defined in s. 230.03 (11), regardless of funding source or type, may be created or abolished unless authorized by one of the following:

27,294g Section 294g. 16.505 (2m) of the statutes is amended to read:

16.505 (2m) The board of regents of the university of Wisconsin system may create or abolish a full-time equivalent position or portion thereof from revenues appropriated under s. 20.285 (1) (h), (iz), (j) or, (m) or (n) or (3) (iz) or (n). No later than the last day of the month following completion of each calendar quarter, the board of regents shall report to the department and the cochairpersons of the joint committee on finance concerning the number of full-time equivalent positions created or abolished by the board under this subsection during the preceding calendar quarter and the source of funding for each such position.

27,294m Section 294m. 16.505 (2n) of the statutes is created to read:

16.505 (2n) The University of Wisconsin Hospitals and Clinics Board may create or abolish a full-time equivalent position or portion thereof from revenues appropriated under s. 20.285 (1) (kb) or 20.495 (1) (g). No later than the last day of the month following completion of each calendar quarter, the University of Wisconsin Hospitals and Clinics Board shall report to the department and the cochairpersons of the joint committee on finance concerning the number of full-time equivalent positions created or abolished by the board under this subsection during the preceding calendar quarter.

27,294n Section 294n. 16.505 (2n) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

16.505 (2n) The University of Wisconsin Hospitals and Clinics Board may create or abolish a full-time equivalent position or portion thereof from revenues appropriated under s. 20.285 (1) (kb) or 20.495 (1) (g). No later than the last day of the month following completion of each calendar quarter, the University of Wisconsin Hospitals and Clinics Board shall report to the department and the cochairpersons of the joint committee on finance concerning the number of full-time equivalent positions created or abolished by the board under this subsection during the preceding calendar quarter.

27,294o Section 294o. 16.51 (7) of the statutes is amended to read:

16.51 (7) Audit claims for expenses in connection with prisoners and children in secured correctional facilities. Receive, examine, determine and audit claims, duly certified and approved by the department of corrections or the department of health and social services, from the county clerk of any county in behalf of the county, which are presented for payment to reimburse the county for certain expenses incurred or paid by it in reference to all matters growing out of actions and proceedings involving prisoners in state prisons, as defined in s. 302.01, or children in secured correctional facilities, as defined in s. 48.02 (15m), including prisoners or children transferred to a mental health institute for observation or treatment, when the proceedings are commenced in counties in which the prisons or secured correctional facilities are located by a district attorney or by the prisoner or child as a postconviction remedy or a matter involving the prisoner's status as a prisoner or the child's status as a resident of a secured correctional facility and for certain expenses incurred or paid by it in reference to holding those children in secure custody while those actions or proceedings are pending. Expenses shall only include the amounts as that were necessarily incurred and actually paid and shall be no more than the legitimate cost would be to any other county had the offense or crime occurred therein.

27,294p Section 294p. 16.51 (7) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

16.51 (7) Audit claims for expenses in connection with prisoners and children in secured correctional facilities. Receive, examine, determine and audit claims, duly certified and approved by the department of corrections, from the county clerk of any county in behalf of the county, which are presented for payment to reimburse the county for certain expenses incurred or paid by it in reference to all matters growing out of actions and proceedings involving prisoners in state prisons, as defined in s. 302.01, or children in secured correctional facilities, as defined in s. 48.02 (15m), including prisoners or children transferred to a mental health institute for observation or treatment, when the proceedings are commenced in counties in which the prisons or secured correctional facilities are located by a district attorney or by the prisoner or child as a postconviction remedy or a matter involving the prisoner's status as a prisoner or the child's status as a resident of a secured correctional facility and for certain expenses incurred or paid by it in reference to holding those children in secure custody while those actions or proceedings are pending. Expenses shall only include the amounts that were necessarily incurred and actually paid and shall be no more than the legitimate cost would be to any other county had the offense or crime occurred therein.

27,295 Section 295 . 16.517 of the statutes is amended to read:

16.517 Adjustments of program revenue positions and funding levels. No later than 30 days after the effective date of each biennial budget act, the department shall provide to the joint committee on finance a report indicating any initial modifications that are necessary to the appropriation levels established under that act for program revenue and program revenue-service appropriations as defined in s. 20.001 (2) (b) and (c) or to the number of full-time equivalent positions funded from program revenue and program revenue-service appropriations authorized by that act to account for any additional funding or positions authorized under ss. s. 16.505 (2) or (2m) and or 16.515 in the fiscal year immediately preceding the fiscal biennium of the budget that have not been included in authorizations under the biennial budget act but which should be included as continued budget authorizations in the fiscal biennium of the budget. Such modifications shall be limited to adjustment of the appropriation or position levels to the extent required to account for higher base levels for the fiscal year immediately preceding the fiscal biennium of the budget due to appropriation or position increases authorized under ss. s. 16.505 (2) or (2m) and or 16.515 during the fiscal year immediately preceding the fiscal biennium of the budget. 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 modifications within 14 working days after the date of receipt of the department's report, the department may make the modifications may be made specified in the report. If, within 14 working days after the date of the department's report, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed modifications, the department may not make the modifications specified in the report until the committee approves the report.

27,296 Section 296 . 16.52 (6) (a) of the statutes is amended to read:

16.52 (6) (a) Except as authorized in s. 16.74, all purchase orders, contracts, or printing orders for any agency as defined in s. 16.70 (1) shall, before any liability is incurred thereon, be submitted to the secretary for his or her approval as to legality of purpose and sufficiency of appropriated and allotted funds therefor. In all cases the date of the contract or order governs the fiscal year to which the contract or order is chargeable, unless the secretary determines that the purpose of the contract or order is to prevent lapsing of appropriations or to otherwise circumvent budgetary intent. Upon such approval, the secretary shall immediately encumber all contracts or orders, and indicate the fiscal year to which they are chargeable.

27,297 Section 297 . 16.52 (7) of the statutes is amended to read:

16.52 (7) Petty cash account. With the approval of the secretary, each agency which is authorized to maintain a contingent fund under s. 20.920 may establish a petty cash account from its contingent fund. The procedure for operation and maintenance of petty cash accounts and the character of expenditures therefrom shall be prescribed by the secretary. In this subsection, “agency" means an office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in ch. 231, 233 or 234.

27,299 Section 299 . 16.528 (1) (a) of the statutes is amended to read:

16.528 (1) (a) “Agency" means an office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in ch. 231, 233 or 234.

27,301 Section 301 . 16.53 (1) (d) 1. of the statutes is amended to read:

16.53 (1) (d) 1. The secretary, with the approval of the joint committee on employment relations, shall fix the time, except as provided in s. 16.20 (10) (c) and 101.38 ss. 106.21 (9) (c) and 106.215 (10) (c), and frequency for payment of salaries due elective and appointive officers and employes of the state. As determined under this subdivision, the salaries shall be paid either monthly, semimonthly or for each 2-week period.

27,302 Section 302 . 16.53 (2) of the statutes is amended to read:

16.53 (2) Improper invoices. If an agency receives an improperly completed invoice, the agency shall notify the sender of the invoice within 10 working days after it receives the invoice of the reason it is improperly completed. In this subsection, “agency" means an office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in ch. 231, 233 or 234.

27,303 Section 303 . 16.54 (1) of the statutes is amended to read: