Wisconsin Legislature: LRB-2882/4

SECTION 43. 13.94 (1) (d) 1. of the statutes is amended to read:

13.94 (1) (d) 1. At least once every 2 years, and at such other times as the governor or legislature directs, examine and see that all the money appearing by the books of the department of administration and, including the state treasurer, as belonging to the several funds is in the vaults of the treasury or in the several state depositories.

SECTION 44. 13.94 (1) (n) of the statutes is amended to read:

13.94 (1) (n) Provide periodic performance audits of any division of the department of industry, labor and human relations development that is responsible for inspections of multifamily housing under s. 101.973 (11).

SECTION 45. 13.94 (4) (a) 1. of the statutes is amended to read:

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 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 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 49. 14.367 of the statutes is renumbered 15.187, and 15.187 (1) (a) (intro.) and (b), as renumbered, are amended to read:

15.187 (1) (a) (intro.) There is created in the office of the secretary of state department of financial institutions a uniform commercial code statewide lien system council. The council shall consist of the administrator of the division of information technology services in the department of administration or the administrator's designee and the following members appointed by the secretary of state financial institutions for 6-year terms:

(b) The council shall advise the secretary of state department of financial institutions on the uniform commercial code statewide lien system under s. 409.410.

SECTION 50. 14.38 (9) of the statutes is amended to read:

14.38 (9) FURNISH CERTIFIED COPIES; FEES. Make a copy of any law, resolution, deed, bond, record, document or paper deposited or kept in his or her office, upon request therefor, attach thereto his or her certificate, with the greater or lesser seal affixed, and collect therefor 50 cents per page and $5 for such certificate; if a copy is not to be certified and if the reproduction is performed by the office of the secretary of state, then collect a fee to cover the actual and necessary cost of reproduction and actual and necessary cost of transcription required to produce the copy or $2, whichever is greater; also to record any document authorized or required by law to be recorded in his or her office, and to charge therefor a fee of $1 per page. The fee for certified copies of appointments, certificates of incorporations or amendments, licenses of foreign corporations, or similar certificates, and for certificates as to results of search of the records and files of his or her office, when a printed form is used, shall be $5, but when a specially prepared form is required the fee shall be $10. Telegraphic reports as to results of record searches shall be $5 plus the cost of the telegram. The secretary of state shall charge and collect, for preparing any record or certificate under this subsection in an expeditious manner, an expedited service fee of $25 in addition to the fee otherwise required under this subsection, except that only one expedited service fee may be charged for multiple identical corporation or limited partnership certificates of status if the certificates of status are requested at the same time and issued at the same time.

SECTION 51. 14.38 (12) of the statutes is renumbered 73.20 (6) amended to read:

73.20 (6) DISCRIMINATION BY CORPORATIONS OR LIMITED LIABILITY COMPANIES. If a complaint is made to the secretary of state department that any corporation or limited liability company authorized to do business in this state is guilty of discrimination under s. 100.22, refer the matter to the department of agriculture, trade and consumer protection, which shall, if the facts justify it in its judgment, cause appropriate administrative or judicial proceedings to be commenced against the corporation or limited liability company and its officers or managers and members.

SECTION 52. 14.38 (13) of the statutes is renumbered 220.02 (7) and amended to read:

220.02 (7) Establish The department shall establish and maintain, in consultation with the uniform commercial code statewide lien system council, computer and any other services necessary to support the uniform commercial code statewide lien system under s. 409.410 but may not maintain a central filing system, as defined in 7 USC 1631 (c) (2), for farm products, as defined in 7 USC 1631 (c) (5).

SECTION 53. 14.38 (14) of the statutes is renumbered 73.20 (3), and 73.20 (3) (intro.), as renumbered, is amended to read:

73.20 (3) NAME OF DRAFTER ON DOCUMENTS. (intro.) No articles of incorporation, articles of organization, articles of amendment, articles of merger, consolidation or share exchange, articles of dissolution, restated articles of incorporation, certificate of abandonment, or statement or articles of revocation of voluntary dissolution, provided for pursuant to ch. 180, 181, 183, 185 or 187 and no certificate of limited partnership, certificate of amendment, restated certificate of limited partnership or certificate of cancellation, provided for pursuant to ch. 179, shall be filed by the secretary of state department unless the name of the individual who, or the governmental agency which, drafted such document is printed, typewritten, stamped or written thereon in a legible manner. A document complies with this subsection if it contains a statement in the following form: "This document was drafted by .... (Name)". This subsection shall not apply to a document executed prior to December 1, 1967, or to:

SECTION 54. Subchapter IV (title) of chapter 14 [precedes 14.56] of the statutes is repealed.

SECTION 55. 14.56 of the statutes is repealed.

SECTION 56. 14.58 (intro.) of the statutes is repealed.

SECTION 57. 14.58 (1) to (21) of the statutes are renumbered 16.413 (1) (a) to (s), and 16.413 (1) (a) 2., (d) 1. and 2., (g), (L), (q) and (s), as renumbered, are amended to read:

16.413 (1) (a) 2. By an assistant state treasurer, appointed as provided in s. 14.62 sub. (3), in the name of the state treasurer;

(d) 1. Pay out of the treasury, on demand, upon the warrants of the department secretary 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 shall accept telephone advice believed by the treasurer 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, and shall act upon such telephone advice as though it had been in writing.

2. When in the judgment of the state treasurer balances in state public depository accounts are temporarily in excess of that required under par. (a) subd. 1., the treasurer, with the concurrence of the secretary of administration, may authorize the preparation of a warrant in excess of the funds contained in 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) par. (q).

(g) Permit examination of books. Permit at all times inspection and examination of the books, papers and transactions of the treasurer's office by the governor, secretary of state, attorney general, department secretary of administration or state auditor, or by the legislature, any committee thereof or either house thereof.

(L) Stamp checks and drafts. Cause to be plainly printed or stamped upon each check, share draft and other draft issued by the state treasurer the period of time, as determined by the state treasurer but not to exceed one year, during which the check or other draft may be presented for payment. The state treasurer 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 secretary of administration.

(q) 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) par. (d) 2. 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.

(s) 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).

SECTION 58. 14.59 (title) of the statutes, as created by 1995 Wisconsin Act .... (this act), is repealed.

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 60. 14.59 of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 16.413 (4) and amended to read:

16.413 (4) 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 20.505 (1) (h).

****NOTE: This is reconciled s. 16.413 (4). This section has been affected by drafts with the following LRB #'s: LRB-1684/1 and LRB-2089/4.

SECTION 61. 14.60 (title) of the statutes is repealed.

SECTION 62. 14.60 of the statutes is renumbered 16.413 (2) and amended to read:

16.413 (2) The bond of the state treasurer shall extend to the faithful execution of the duties of the office of state treasurer until a successor is elected and fully qualified. If the treasurer elects to give bond guaranteed by a surety company, the cost thereof and of any additional bond required of and furnished by the treasurer and so guaranteed shall be borne by the state and shall be paid out of the appropriation to the office of the state treasurer under s. 20.505 (1) (at); if the annual cost thereof does not exceed 0.25% of the amount of said bond.

SECTION 63. 14.62 (title) of the statutes is repealed.

SECTION 64. 14.62 of the statutes is renumbered 16.413 (3) and amended to read:

16.413 (3) The state treasurer may appoint, in writing, an assistant state treasurer to perform any of the duties of the state treasurer, except to serve as a member of the board of commissioners of public lands. The assistant state treasurer shall take and subscribe the oath of office prescribed by article IV, section 28, of the constitution and shall give bond to the state treasurer in the sum and with the conditions the state treasurer prescribes, conditioned for the faithful discharge of the duties. The oath of the assistant state treasurer and the certificate of appointment shall be filed and preserved in the office of the secretary of state. The state treasurer may require any employe to give bond to the state in the amount and with the conditions the state treasurer prescribes, conditioned for the faithful discharge of their duties. The cost of the bonds shall be charged to the appropriations appropriation account under s. 20.585 20.505 (1) (at).

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 parks 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 and parks, 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 and parks 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 parks and the department of development. The commission shall request the departments department of transportation, the department of tourism and parks 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 69. 14.90 (2) of the statutes is amended to read:

14.90 (2) The members of the commission shall serve without compensation but shall be reimbursed from the appropriation under s. 20.505 (3) (be) for actual and necessary expenses incurred in the performance of their duties. The commission has the powers and duties granted and imposed under s. 39.80.

SECTION 70. 14.90 (3) of the statutes is repealed.

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.

(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.

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 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. 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.

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.

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.

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.

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.

SECTION 77. 15.03 of the statutes is amended to read:

15.03 Attachment for limited purposes. Any division, office, commission, council or board attached under this section to a department or independent agency or a specified division thereof shall be a distinct unit of that department, independent agency or specified division. Any division, office, commission, council or board so attached shall exercise its powers, duties and functions prescribed by law, including rule making, licensing and regulation, and operational planning within the area of program responsibility of the division, office, commission, council or board, independently of the head of the department or independent agency, but budgeting, program coordination and related management functions shall be performed under the direction and supervision of the head of the department or independent agency, except that with respect to the office of the commissioner of railroads, all personnel and biennial budget requests by the office of the commissioner of railroads shall be processed and properly forwarded by the public service commission without change except as requested and concurred in by the office of the commissioner of railroads.

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.

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.

SECTION 80. 15.05 (3) of the statutes is amended to read:

15.05 (3) EXECUTIVE ASSISTANT. Each secretary may appoint an executive assistant to serve at his or her pleasure outside the classified service. The executive assistant shall perform duties as the secretary prescribes. In this subsection, "secretary" includes the attorney general, the adjutant general, and the director of the technical college system and the state superintendent of public instruction.

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 for each district or area office established in his or her department under s. 15.02 (3) (b).

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), 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.