13.94 (4) (a) 1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature; every provider of medical assistance under subch. IV of ch. 49; technical college district boards; development zones designated under s. 560.71; every county department under s. 51.42 or 51.437; every nonprofit corporation or cooperative to which moneys are specifically appropriated by state law; and every corporation, institution, association or other organization which receives more than 50% of its annual budget from appropriations made by state law, including subgrantee or subcontractor recipients of such funds.
SECTION 45m. 13.94 (4) (a) 2. of the statutes is amended to read:
13.94 (4) (a) 2. Any foundation, nonstock or nonprofit corporation or partnership created by an entity specified under subd. 1.
SECTION 46. 13.94 (4) (a) 5. of the statutes is amended to read:
13.94 (4) (a) 5. A local service agency as defined in s. 101.35 106.20 (1) (d).
SECTION 47. 13.94 (4) (b) of the statutes is amended to read:
13.94 (4) (b) In performing audits of providers of medical assistance under subch. IV of ch. 49, corporations, institutions, associations, or other organizations, and their subgrantees or subcontractors, the legislative audit bureau shall audit only the records and operations of such providers and organizations which pertain to the receipt, disbursement or other handling of appropriations made by state law.
SECTION 47m. 13.94 (8) of the statutes is created to read:
13.94 (8) COUNTY AND MUNICIPAL BEST PRACTICES REVIEWS. (a) In this subsection, "municipality" means a city, village or town.
(b) The state auditor shall undertake periodic reviews to:
1. Examine the procedures and practices used by counties and municipalities to deliver governmental services.
2. Determine the methods of governmental service delivery.
3. Identify variations in costs and effectiveness of such services between counties and municipalities.
4. Recommend practices to save money or provide more effective service delivery.
(c) The state auditor shall determine the frequency, scope and subject of any reviews conducted under par. (b).
(d) To assist the state auditor with the selection of county and municipal practices to be reviewed by the auditor, the auditor shall establish an advisory council consisting of the following members appointed by the auditor:
1. Two members chosen from among 6 names submitted by the Wisconsin Counties Association.
2. One member chosen from among 3 names submitted by the League of Wisconsin Municipalities.
3. One member chosen from among 3 names submitted by the Wisconsin Alliance of Cities.
4. One member chosen from among 3 names submitted by the Wisconsin Towns Association.
(e) The members of the council appointed under par. (d) shall serve without compensation.
SECTION 47n. 13.94 (8) of the statutes, as created by 1995 Wisconsin Act .... (this act), is repealed.
SECTION 47o. 13.95 (intro.) of the statutes is amended to read:
13.95 Legislative fiscal bureau. (intro.) There is created a bureau to be known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau shall be strictly nonpartisan and shall at all times observe the confidential nature of the research requests received by it; however, with the prior approval of the requester in each instance, the bureau may duplicate the results of its research for distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's designated employes shall at all times, with or without notice, have access to all state departments agencies and the University of Wisconsin Hospitals and Clinics Authority and to any books, records or other documents maintained by such agencies or the authority and relating to their expenditures, revenues, operations and structure.
SECTION 47p. 14.015 (2) (intro.) of the statutes is renumbered 15.705 (3) (intro.) and amended to read:
15.705 (3) WISCONSIN SESQUICENTENNIAL COMMISSION. (intro.) There is created a Wisconsin sesquicentennial commission which is attached to the office of the governor historical society under s. 15.03. The commission shall consist of the following members appointed by the governor:
SECTION 47q. 14.015 (2) (a) to (e) of the statutes are renumbered 15.705 (3) (a) to (e).
SECTION 48. 14.017 (2) of the statutes is amended to read:
14.017 (2) STATE COUNCIL ON ALCOHOL AND OTHER DRUG ABUSE. There is created in the office of the governor a state council on alcohol and other drug abuse consisting of the governor, the attorney general, the state superintendent secretary of public instruction education, the secretary of health and social services, the commissioner of insurance, the secretary of corrections, the secretary of transportation and the chairperson of the pharmacy examining board, or their designees; a representative of the controlled substances board; a representative of any governor's committee or commission created under subch. I of ch. 14 to study law enforcement issues; 6 members, one of whom is a consumer representing the public at large, with demonstrated professional, research or personal interest in alcohol and other drug abuse problems, appointed for 4-year terms; a representative of an organization or agency which is a direct provider of services to alcoholics and other drug abusers; a member of the Wisconsin county human service association, inc., who is nominated by that association; and 2 members of each house of the legislature, representing the majority party and the minority party in each house, chosen as are the members of standing committees in their respective houses. Section 15.09 applies to the council.
SECTION 48m. 14.26 of the statutes is renumbered 44.25.
SECTION 53am. 14.563 (title) of the statutes is created to read:
14.563 (title) Same; specified divisions.
SECTION 53b. 14.58 (1) (intro.) of the statutes is renumbered 16.40 (20) (intro.).
SECTION 53c. 14.58 (1) (a) of the statutes is renumbered 16.40 (20) (a) and amended to read:
16.40 (20) (a) By the state treasurer secretary personally;.
SECTION 53d. 14.58 (1) (b) of the statutes is repealed.
SECTION 53e. 14.58 (1) (c) of the statutes is renumbered 16.40 (20) (b) and amended to read:
16.40 (20) (b) In the name of the state treasurer secretary, by any clerk in the treasurer's office employe of the department designated by the treasurer; or secretary.
SECTION 53f. 14.58 (1) (d) of the statutes is renumbered 16.40 (20) (c) and amended to read:
16.40 (20) (c) By placing on a check, share draft or other draft the facsimile signature of the state treasurer secretary adopted by him or her as a facsimile signature. Any depository shall be fully warranted and protected in making payment on any check, share draft or other draft bearing such facsimile notwithstanding that the facsimile may have been placed on the check, share draft or other draft without the state treasurer's secretary's authority.
SECTION 53g. 14.58 (2) of the statutes is renumbered 16.40 (21) and amended to read:
16.40 (21) ISSUE RECEIPTS. Issue receipts for all money paid to the treasurer secretary.
SECTION 53h. 14.58 (3) of the statutes is renumbered 16.40 (22).
SECTION 53i. 14.58 (4) of the statutes is renumbered 16.40 (23) and amended to read:
16.40 (23) (title) PAY ON WARRANTS SUMS AUTHORIZED BY LAW. (a) Pay out of the treasury, on demand, upon the warrants of the department of administration, except as provided in s. 20.929, such sums only as are authorized by law to be so paid, if there are appropriate funds therein to pay the same, and, when any sum is required to be paid out of a particular fund, pay it out of such fund only; and upon each such warrant, when payment is made in currency, take the receipt indorsed on or annexed thereto, of the payee therein named or an authorized agent or assignee. The state treasurer secretary shall accept telephone advice believed by the treasurer 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 treasurer secretary, and shall act upon such telephone advice as though it had been in writing.
(b) When in the judgment of the state treasurer secretary balances in state public depository accounts are temporarily in excess of that required under par. (a), the treasurer, with the concurrence of the secretary of administration, may authorize the preparation of a warrant in excess of the funds contained in 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. (19) (34).
SECTION 53j. 14.58 (5) of the statutes is renumbered 16.40 (24) and amended to read:
16.40 (24) ACCOUNT FOR INTEREST. Pay into the treasury and account for all sums directly or indirectly received by the treasurer secretary by virtue of the treasurer's secretary's office, or as interest or compensation for the use, deposit or forbearance of any state moneys in the treasurer's secretary's hands or under the treasurer's his or her control.
SECTION 53k. 14.58 (6) of the statutes is renumbered 16.40 (25) and amended to read:
16.40 (25) KEEP CASH AND FUND ACCOUNTS. Keep records showing the number, date and amount of each cash receipt issued by the treasurer's office secretary 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; and keep a record of the date, payee and amount of each disbursement made by a money transfer technique other than a check or draft and classify the disbursement by state fund; and verify at the end of each week the amounts shown by the treasurer's records to represent total cash balance and cash balances of individual state funds by comparing said amounts with corresponding balances appearing on records maintained by the department of administration.
SECTION 53L. 14.58 (8) of the statutes is renumbered 16.40 (26), and 16.40 (26) (d), as renumbered, is amended to read:
16.40 (26) (d) Any other information pertaining to the duties of the state treasurer secretary under this subchapter, as determined by the state treasurer secretary or required by the governor.
SECTION 53m. 14.58 (9) of the statutes is amended to read:
14.58 (9) BIENNIAL REPORT. On or before October 15 of each odd-numbered year, submit to the governor and the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report containing the same information required of departments and independent agencies under s. 15.04 (1) (d). The report shall also include a statement showing for each of the 2 preceding fiscal years the cash balance in each state fund at the beginning of the fiscal year, the aggregate amount of receipts credited and the aggregate amount of disbursements charged to each said fund during the fiscal year and the resultant cash balance in each state fund at the end of the fiscal year. This statement shall further show as of the end of each said 2 fiscal years, at par, the aggregate value of securities held for each state fund and the aggregate value of securities held in trust or deposited for safekeeping, and shall show the manner in which the total cash balance was accounted for by listing the balances on deposit in each state account in a public depository, deducting from the total of such balances the aggregate amount of checks, share drafts or other drafts outstanding and adding thereto the aggregate amount of cash and cash items in office.
SECTION 53n. 14.58 (10) of the statutes is renumbered 16.413 and amended to read:
16.413 Report certain payments. Whenever the state treasurer 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.
SECTION 53q. 14.58 (12) of the statutes is renumbered 16.40 (30) and amended to read:
16.40 (30) STAMP CHECKS AND DRAFTS. Cause to be plainly printed or stamped upon each check, share draft and other draft issued by the state treasurer secretary the period of time, as determined by the state treasurer secretary but not to exceed one year, during which the check or other draft may be presented for payment. The state treasurer 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. Notice of such cancellation and credit shall be immediately submitted by the state treasurer to the department of administration.
SECTION 53r. 14.58 (13) of the statutes is renumbered 16.40 (31) and amended to read:
16.40 (31) SERVICES IN CONNECTION WITH SECURITIES HELD IN TRUST. Upon request therefor from any company, corporation, society, order or association which has securities on deposit with the treasurer 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 indorsement of interest or otherwise on any such securities; and collect therefor from the company, corporation, society, order or association making the request, a 25-cent fee for a single coupon cut, or for each entry of interest indorsed on a note or return of a bond, note or other security, and a 10-cent fee for each additional coupon cut, or entry of interest indorsed on a note, bond or other security, and may withhold any and all coupons cut or refuse indorsement of interest on securities until such fee is paid. Such fees shall be paid into the state treasury as a part of the general fund, and an extra charge may be required for postage or registered mail.
SECTION 53s. 14.58 (17) of the statutes is renumbered 16.414 and amended to read:
16.414 Safekeeping receipts for federal securities. Whenever any federal securities are purchased under authority of any law and the state treasurer secretary is custodian thereof the treasurer 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.
SECTION 53t. 14.58 (18) of the statutes is renumbered 16.416 and amended to read:
16.416 Sale of investments. Whenever the department of administration draws a check, share draft or other draft dated the next following business day upon a fund whose investment and collection is under the exclusive control of the investment board pursuant to s. 25.17 (1), and the receipts of the state treasurer secretary are insufficient to permit a disbursement from said fund in the amount of such check, share draft or other draft, the investment board shall sell investments owned by such fund for delivery in time to provide sufficient money to cover such check, share draft or other draft on the date which it bears.
SECTION 53u. 14.58 (19) of the statutes is renumbered 16.40 (34) and amended to read:
16.40 (34) 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) (23) (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.
SECTION 53w. 14.58 (21) of the statutes is renumbered 16.40 (36) and amended to read:
16.40 (36) CREDIT CARD USE CHARGES. From moneys received under ss. 59.20 (8) and (8m) and 85.14 (1) (b), pay the charges under ss. 23.49 and 85.14 (1) (b) and (2) from the appropriation under s. 20.585 20.505 (1) (km) (kq).
SECTION 59. 14.59 of the statutes is created to read:
14.59 Training conferences. The state treasurer may conduct conferences for the purpose of training county and municipal clerks and treasurers, and employes of their offices, in their official responsibilities. The treasurer may charge participants in any conference a fee for participation which shall not exceed the proportionate cost of conducting the conference. The treasurer shall credit all revenues from fees assessed under this section to the appropriation account under s. 20.585 (1) (h).
SECTION 64m. 14.62 of the statutes is repealed.
SECTION 65. 14.82 (1) (intro.) of the statutes is amended to read:
14.82 (1) (intro.) MINNESOTA-WISCONSIN. There is created a commission of 5 citizens nominated by the governor, and with the advice and consent of the senate appointed, for staggered 5-year terms, to represent this state on the joint Minnesota-Wisconsin boundary area commission. Any vacancy shall be filled for the balance of the unexpired term. To assist the commission, there is created a legislative advisory committee comprising 4 senators and 6 representatives to the assembly appointed as are the members of standing committees in their respective houses, and a technical advisory committee of 2 members appointed by the governor and one member each appointed by the governing board or head of the following agencies, to represent such agencies: the department of justice, the department of administration, the department of agriculture, trade and consumer protection, the department of natural resources, the department of health and social services, the public service commission, the department of tourism and the department of development. The members of the commission and the members of its advisory committees shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties, from the appropriation made by s. 20.315 (1), on vouchers approved by the Wisconsin member of the commission selected to serve as its chairperson or vice chairperson. All other expenses incurred by the commission in the course of exercising its powers and duties, unless met in some other manner specifically provided by statute, shall be paid by the commission out of its own funds.
SECTION 66. 14.85 (2) of the statutes is amended to read:
14.85 (2) The secretaries secretary of development, the secretary of tourism, the secretary of natural resources and, the secretary of transportation, and the director of the historical society, or their designees, shall serve as nonvoting members of the commission.
****NOTE: This is reconciled s. 14.85 (2). This section has been affected by drafts with the following LRB #'s: 95-2178/1 and 95-2252/2.
SECTION 67. 14.85 (8) (d) of the statutes is amended to read:
14.85 (8) (d) If permitted by law, any state agency or local public body, board, commission or agency may allocate funds under its control to fund programs recommended by the commission. If the department of development determines that a program recommended by the commission to undertake activities relating to the promotion of tourism and economic development is consistent with the department's statewide tourism marketing and economic development plans, priorities and resources, the department shall have primary responsibility to support the activities of the program. If the department of tourism determines that a program recommended by the commission to undertake activities relating to the promotion of tourism is consistent with the department's statewide tourism marketing plans, priorities and resources, the department shall have primary responsibility to support the activities of the program.
SECTION 68. 14.85 (9) of the statutes is amended to read:
14.85 (9) The commission may establish a technical committee to advise the commission. The members of the committee shall include at least one employe each from the departments department of transportation, the department of tourism and the department of development. The commission shall request the departments department of transportation, the department of tourism and the department of development to designate employes to serve on the committee and may request any other state agency to designate an employe to serve on the committee.
****NOTE: This is reconciled s. 14.85 (9). This section has been affected by drafts with the following LRB #'s: 95-2178/1 and 95-2252/2.
SECTION 71. Subchapter VI of chapter 14 [precedes 14.91] of the statutes is created to read:
CHAPTER 14
SUBCHAPTER VI
OFFICE OF THE STATE SUPERINTENDENT
OF PUBLIC INSTRUCTION
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.
