1995 Wisconsin Act 27

14.91 Creation of office of the state superintendent of public instruction. There is created an office of the state superintendent of public instruction attached to the department of education under s. 15.03. The office shall be under the direction and supervision of the state superintendent of public instruction.

14.93 Duties of state superintendent of public instruction. (1) The state superintendent of public instruction shall do all of the following:

(a) Visit, ascertain the condition of and stimulate public interest in the public elementary and secondary schools of this state.

(b) Advocate for the needs of the children of this state and the school districts of this state.

(c) Provide information to the public on the public elementary and secondary schools and school districts of this state.

(d) Annually submit to the governor, and to the legislature under s. 13.172 (2), a plan for improving the public elementary and secondary schools of this state and for improving the academic achievement of public elementary and secondary school pupils.

(e) Annually by October 1, report to the legislature under s. 13.172 (2) his or her activities during the previous fiscal year.

(2) The state superintendent of public instruction may do all of the following:

(a) Designate a staff member as the state superintendent's representative on any body on which the state superintendent is required to serve.

(b) Attend such educational meetings and make such investigations as the state superintendent deems important and as will acquaint the state superintendent with the different systems of public schools in the United States.

27,72 Section 72 . 15.01 (2) of the statutes is amended to read:

15.01 (2) “Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the sentencing commission which shall consist of 17 education commission which shall consist of 11 members, the Wisconsin waterways commission which shall consist of 5 members, the parole commission which shall consist of 5 members and, the Fox river management commission which shall consist of 7 members and the Wisconsin sesquicentennial commission which shall consist of 29 members. A Wisconsin group created for participation in a continuing interstate body shall be known as a “commission", but is not a commission for purposes of s. 15.06. The parole commission created under s. 15.145 (1) shall be known as a “commission", but is not a commission for purposes of s. 15.06.

27,73 Section 73 . 15.01 (4) of the statutes is amended to read:

15.01 (4) “Council" means a part-time body appointed to function on a continuing basis for the study, and recommendation of solutions and policy alternatives, of the problems arising in a specified functional area of state government, except the Milwaukee river revitalization council has the powers and duties specified in s. 23.18, the council on physical disabilities has the powers and duties specified in s. 46.29 (1) and (2), the privacy council has the powers specified in s. 19.625 and the state council on alcohol and other drug abuse has the powers and duties specified in s. 14.24.

27,74 Section 74 . 15.01 (6) of the statutes is amended to read:

15.01 (6) “Division," “bureau," “section" and “unit" means the subunits of a department or an independent agency, whether specifically created by law or created by the head of the department or the independent agency for the more economic and efficient administration and operation of the programs assigned to the department or independent agency. The office of justice assistance in the department of administration has and the office of credit unions in the department of financial institutions have the meaning of “division" under this subsection. The office of health care information in the office of the commissioner of insurance, the office of the long-term care ombudsman under the board on aging and long-term care and the office of educational accountability in the department of public instruction have the meaning of “bureau" under this subsection.

27,75 Section 75 . 15.02 (1) of the statutes is amended to read:

15.02 (1) Separate constitutional offices. The governor, lieutenant governor, secretary of state, state superintendent of public instruction and state treasurer each head a staff to be termed the “office" of the respective constitutional officer.

27,76 Section 76 . 15.02 (3) (c) 1. of the statutes is amended to read:

15.02 (3) (c) 1. The principal subunit of the department is the “division". Each division shall be headed by an “administrator". The office of justice assistance in the department of administration has and the office of credit unions in the department of financial institutions have the meaning of “division" and the executive staff director of the office of justice assistance in the department of administration has and the director of credit unions have the meaning of “administrator" under this subdivision.

27,76c Section 76c. 15.02 (3) (c) 2m. of the statutes is created to read:

15.02 (3) (c) 2m. Notwithstanding subds. 1. and 2., the principal subunit of the department of tourism is the “bureau", which shall be headed by a “director".

27,77m Section 77m. 15.04 (1) (c) of the statutes is amended to read:

15.04 (1) (c) Advisory bodies. In addition to any councils specifically created by law, create and appoint such councils or committees as the operation of the department or independent agency requires. Each council or committee created under this paragraph is terminated upon expiration of the term of office of the governor during whose term the council or committee is created, unless terminated at an earlier date by the head of the department or independent agency in which the council or committee is created. Members of councils and committees created under this general authority shall serve without compensation, but may be reimbursed for their actual and necessary expenses incurred in the performance of their duties and, if such reimbursement is made, such reimbursement in the case of an officer or employe of this state who represents an agency as a member of such a council or committee shall be paid by the agency which pays the officer's or employe's salary.

27,77n Section 77n. 15.04 (1) (cm) of the statutes is created to read:

15.04 (1) (cm) Termination of certain nonstatutory councils and committees. Notwithstanding par. (c), each council and committee created under that paragraph that is in existence on January 3, 1999, terminates on that date unless the council or committee is terminated at an earlier date by the head of the department or independent agency in which the council or committee is created.

27,77p Section 77p. 15.04 (1) (cm) of the statutes, as created by 1995 Wisconsin Act Wisconsin Act .... (this act), is repealed.

27,78 Section 78 . 15.04 (1) (h) of the statutes is amended to read:

15.04 (1) (h) (title) Report of forms and papers used records management. Annually, no later than September 1, file with the public records and forms board a report which shall include such information relative to records and forms management as may be specified by the board. The report shall cover all previously unsubmitted forms and papers that were required to be filed with the department or independent agency during the preceding fiscal year.

27,79 Section 79 . 15.04 (1) (j) of the statutes is amended to read:

15.04 (1) (j) Records and forms officer. Appoint a records and forms officer, who shall be responsible for reviewing, consolidating, simplifying, designing and filing all records and forms compliance by the department or independent agency with all records and forms management laws and rules and who may prevent any form from being put into use.

27,79h Section 79h. 15.05 (1) (b) of the statutes is amended to read:

15.05 (1) (b) If Except as provided in pars. (c) and (d), if a department is under the direction and supervision of a board, the board shall appoint a secretary to serve at the pleasure of the board outside the classified service. In such departments, the powers and duties of the board shall be regulatory, advisory and policy-making, and not administrative. All of the administrative powers and duties of the department are vested in the secretary, to be administered by him or her under the direction of the board. The secretary, with the approval of the board, shall promulgate rules for administering the department and performing the duties assigned to the department.

27,79r Section 79r. 15.05 (1) (c) of the statutes is created to read:

15.05 (1) (c) The secretary of natural resources shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor.

27,79s Section 79s. 15.05 (1) (d) of the statutes is created to read:

15.05 (1) (d) The secretary of agriculture, trade and consumer protection shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor.

27,81 Section 81 . 15.05 (3m) of the statutes is created to read:

15.05 (3m) Field district or field area directors. Each secretary may appoint a director under the classified service for each district or area office established in his or her department under s. 15.02 (3) (b).

27,82 Section 82 . 15.06 (1) (a) of the statutes is amended to read:

15.06 (1) (a) Except as otherwise provided in this subsection and s. 15.105 (17) ss. 15.37 and 15.705 (3), the members of commissions shall be nominated by the governor, and with the advice and consent of the senate appointed, for staggered 6-year terms expiring on March 1 of the odd-numbered years.

27,84 Section 84 . 15.06 (1) (b) of the statutes is amended to read:

15.06 (1) (b) The commissioners commissioner of banking, credit unions, savings and loan, insurance and securities shall each be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor. The governor may remove from office the commissioners commissioner of banking, credit unions, savings and loan, insurance and securities who were was appointed for a fixed term before August 1, 1987.

27,86m Section 86m. 15.06 (1) (f) of the statutes is repealed.

27,88m Section 88m. 15.06 (2) (intro.) of the statutes is amended to read:

15.06 (2) Selection of officers. (intro.) Each Except as provided in s. 44.25 (5), each commission may annually elect officers other than a chairperson from among its members as its work requires. Any officer may be reappointed or reelected. At the time of making new nominations to commissions, the governor shall designate a member or nominee of each commission to serve as the commission's chairperson for a 2-year term expiring on March 1 of the odd-numbered year except that:

27,90m Section 90m. 15.06 (2) (c) of the statutes is created to read:

15.06 (2) (c) The state superintendent of public instruction shall serve as the chairperson of the education commission.

27,91L Section 91L. 15.06 (3) (a) 4m. of the statutes is created to read:

15.06 (3) (a) 4m. The members of the Wisconsin sesquicentennial commission.

27,91m Section 91m. 15.06 (3) (a) 6. of the statutes is created to read:

15.06 (3) (a) 6. The members of the education commission who are not the chairperson. The members of the education commission shall be reimbursed for expenses under s. 15.07 (5).

27,92 Section 92 . 15.06 (3) (c) of the statutes is repealed.

27,92e Section 92e. 15.06 (4) of the statutes is amended to read:

15.06 (4) Chairperson; administrative duties. The administrative duties of each commission, other than the education commission, shall be vested in its chairperson, to be administered by the chairperson under the statutes and rules of the commission and subject to the policies established by the commission.

27,92m Section 92m. 15.06 (5) of the statutes is amended to read:

15.06 (5) Frequency of meetings; place. Every commission shall meet on the call of the chairperson or a majority of its members, except that the education commission shall meet on the call of the chairperson or a majority of its voting members. Every commission shall maintain its offices in Madison, but may meet or hold hearings at such other locations as will best serve the citizens of this state.

27,92s Section 92s. 15.06 (6) of the statutes is amended to read:

15.06 (6) Quorum. A majority of the membership of a commission constitutes a quorum to do business, except that a majority of the voting members of the education commission constitutes a quorum to do business and except that vacancies shall not prevent a commission from doing business. This subsection does not apply to the parole commission.

27,93 Section 93. 15.07 (1) (a) 1. of the statutes is repealed.

27,93e Section 93e. 15.07 (1) (a) 6. of the statutes is created to read:

15.07 (1) (a) 6. Members of the University of Wisconsin Hospitals and Clinics Board appointed under s. 15.96 (8) shall be appointed by the governor without senate confirmation.

27,93m Section 93m. 15.07 (1) (b) 15. of the statutes is amended to read:

15.07 (1) (b) 15. The 3 members of the lower Wisconsin state riverway board appointed under s. 15.345 (6) 15.445 (3) (b) 7.

27,93s Section 93s. 15.07 (1) (b) 15m. of the statutes is created to read:

15.07 (1) (b) 15m. State fair park board.

27,94 Section 94 . 15.07 (1) (b) 20. of the statutes is amended to read:

15.07 (1) (b) 20. The 3 members of the Kickapoo valley governing board appointed under s. 15.105 (23) 15.445 (2) (b) 3.

27,94c Section 94c. 15.07 (1) (b) 21. of the statutes is created to read:

15.07 (1) (b) 21. The 2 members of the public intervenor board appointed under s. 15.345 (4) (b) 3.

27,95 Section 95 . 15.07 (1) (cm) of the statutes is amended to read:

15.07 (1) (cm) The term of one member of the ethics board shall expire on each May 1. The terms of 3 members of the development finance board appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every even-numbered year and the terms of the other 3 members appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every odd-numbered year. The terms of the 3 members of the land and water conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1. The term of the member of the land and water conservation board appointed under s. 15.135 (4) (b) 2m shall expire on May 1 of an even-numbered year. The terms of members of the real estate board shall expire on July 1. The terms of the appraiser members of the real estate appraisers board and the terms of the auctioneer and auction company representative members of the auctioneer board shall expire on May 1 in an even-numbered year. The terms of the members of the radioactive waste review board shall expire as provided in s. 15.915 (4) (c) The terms of the 4 members of the educational technology board appointed under s. 15.105 (26) (a) 1., 3., 6. and 9. shall expire on May 1 in an even-numbered year. The terms of the members of the public intervenor board shall expire as provided in s. 15.345 (4) (b).

27,95m Section 95m. 15.07 (1) (cm) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

15.07 (1) (cm) The term of one member of the ethics board shall expire on each May 1. The terms of 3 members of the development finance board appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every even-numbered year and the terms of the other 3 members appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every odd-numbered year. The terms of the 3 members of the land and water conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1. The term of the member of the land and water conservation board appointed under s. 15.135 (4) (b) 2m shall expire on May 1 of an even-numbered year. The terms of members of the real estate board shall expire on July 1. The terms of the appraiser members of the real estate appraisers board and the terms of the auctioneer and auction company representative members of the auctioneer board shall expire on May 1 in an even-numbered year. The terms of the 4 members of the educational technology board appointed under s. 15.105 (26) (a) 1., 3., 6. and 9. shall expire on May 1 in an even-numbered year. The terms of the members of the public intervenor board shall expire as provided in s. 15.345 (4) (b). The terms of 3 members of the gaming board appointed under s. 15.64 shall expire on July 1 of an even-numbered year and the terms of the other 2 members shall expire on July 1 of an odd-numbered year.

27,97 Section 97 . 15.07 (2) (f) of the statutes is amended to read:

15.07 (2) (f) The state superintendent secretary of public instruction education or his or her designated representative shall serve as chairperson of the school district boundary appeal board.

27,99 Section 99 . 15.07 (5) (i) of the statutes is repealed.

27,101m Section 101m. 15.103 (4) of the statutes is renumbered 14.563 (1) and amended to read:

14.563 (1) Division of trust lands and investments. There is created a division of trust lands and investments which is attached to the department of administration 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.

27,102 Section 102 . 15.103 (5) of the statutes is created to read:

15.103 (5) Division of technology management. There is created in the department of administration a division of technology management.

27,103 Section 103 . 15.105 (4) of the statutes is amended to read:

15.105 (4) (title) Public records and forms board. There is created a public records and forms board which is attached to the department of administration under s. 15.03. The public records and forms board shall consist of the governor, the director of the historical society, the attorney general, the state auditor, and the director of the legislative council staff, or their designated representatives, and a representative of the small business community appointed by the governor, a representative of a newspaper published in this state appointed by the governor, a representative of the permit information center appointed by the secretary of development and the director of the legislative council staff or their designated representatives, a representative of a local unit of government, as defined in s. 16.20 (1) (e), and one other member.

27,103m Section 103m. 15.105 (4) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

15.105 (4) Public records board. There is created a public records board which is attached to the department of administration under s. 15.03. The public records board shall consist of the governor, the director of the historical society, the attorney general, the state auditor, and the director of the legislative council staff, or their designated representatives, and a representative of the small business community, a representative of a local unit of government, as defined in s. 106.215 (1) (e), and one other member.

27,103r Section 103r. 15.105 (8) of the statutes is amended to read:

15.105 (8) Arts board. There is created an arts board which is attached to the department of administration under s. 15.03. The arts board shall consist of 15 members appointed for 3-year terms who are residents of this state and who are known for their concern for the arts. At least 2 members shall be from the northwest portion of this state, at least 2 members shall be from the northeast portion of this state, at least 2 members shall be from the southwest portion of this state and at least 2 members shall be from the southeast portion of this state. This subsection does not apply after June 30, 1997, unless the joint committee on finance has approved the funding report of the arts board under 1995 Wisconsin Act .... (this act), section 9105 (3g) (a).

27,104 Section 104 . 15.105 (8) of the statutes , as affected by 1995 Wisconsin Act .... (this act), is renumbered 15.445 (1) and amended to read:

15.445 (1) Arts board. There is created an arts board which is attached to the department of administration tourism under s. 15.03. The arts board shall consist of 15 members appointed for 3-year terms who are residents of this state and who are known for their concern for the arts. At least 2 members shall be from the northwest portion of this state, at least 2 members shall be from the northeast portion of this state, at least 2 members shall be from the southwest portion of this state and at least 2 members shall be from the southeast portion of this state. This subsection does not apply after June 30, 1997, unless the joint committee on finance has approved the funding report of the arts board under 1995 Wisconsin Act .... (this act), section 9105 (3g) (a).