AB150: Bill Text

****Note: This is reconciled s. 16.21. This section has been affected by drafts with the following LRB #'s: -2175/6 and -2178/1.

AB150, s. 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).

AB150, s. 281 Section 281. 16.22 (2) (h) of the statutes is renumbered 106.40 (2) (h) and amended to read:

AB150,190,5 106.40 (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.

AB150, s. 282 Section 282. 16.22 (2) (i) to (L) and (3) of the statutes are renumbered 106.40 (2) (i) to (L) and (3).

AB150, s. 283 Section 283. 16.352 (5) (a) of the statutes is renumbered 16.352 (5).

AB150, s. 284 Section 284. 16.352 (5) (b) of the statutes is repealed.

AB150, s. 285 Section 285. 16.39 (3) of the statutes is amended to read:

AB150,190,14 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.

AB150, s. 286 Section 286. 16.39 (4) (b) of the statutes is amended to read:

AB150,190,19 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.

AB150, s. 287 Section 287. 16.41 (4) of the statutes is amended to read:

AB150,190,22 16.41 (4) In this section, "authority" means a body created under ch. 231, 233 or 234.

AB150, s. 288 Section 288. 16.413 (title) and (1) (intro.) of the statutes are created to read:

AB150,191,3 16.413 (title) State treasurer. (1) (intro.) The department shall establish a separate subunit in the department headed by the state treasurer. The state treasurer shall do all of the following:

AB150, s. 289 Section 289. 16.50 (1) (a) of the statutes is amended to read:

AB150,191,16 16.50 (1) (a) Each department except the legislature and the courts shall prepare and submit to the secretary an estimate of the amount of money which it proposes to expend, encumber or distribute under any appropriation in ch. 20. The department of administration shall prepare and submit estimates for expenditures from appropriations under ss. 20.855, 20.865, 20.866 and 20.867. The secretary may waive the submission of estimates of other than administrative expenditures from such funds as he or she determines, but the secretary shall not waive submission of estimates for the appropriations under s. 20.285 (1) (im) and (n) nor for expenditure of any amount designated as a refund of an expenditure under s. 20.001 (5). Estimates shall be prepared in such form, at such times and for such time periods as the secretary requires. Revised and supplemental estimates may be presented at any time under rules promulgated by the secretary.

AB150, s. 290 Section 290. 16.50 (3) of the statutes is amended to read:

AB150,192,22 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 secretary under s. 16.505 (2e) 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).

AB150, s. 291 Section 291. 16.501 (1) of the statutes is amended to read:

AB150,193,5 16.501 (1) No funds appropriated under s. 20.143 (1) (bm), 1993 stats., may be expended until the department of development submits to the secretary a report setting forth the amount of private contributions received by Forward Wisconsin, inc., since the date the department of development last submitted a report under this subsection. After receiving the report, the secretary may approve the expenditure of funds up to the amount set forth in the report. Total funds expended in any fiscal year may not exceed the amounts in the schedule under s. 20.143 (1) (bm), 1993 stats.

AB150, s. 292 Section 292. 16.501 (2) of the statutes is amended to read:

AB150,193,13 16.501 (2) Forward Wisconsin, inc., shall expend funds appropriated under s. 20.143 (1) (bm), 1993 stats., in adherence with the uniform travel schedule amounts approved under s. 20.916 (8). Forward Wisconsin, inc., may not expend funds appropriated under s. 20.143 (1) (bm), 1993 stats., on entertainment, foreign travel, payments to persons not providing goods or services to Forward Wisconsin, inc., or for other purposes prohibited by contract between Forward Wisconsin, inc., and the department.

AB150, s. 293 Section 293. 16.505 (1) (intro.) of the statutes is amended to read:

AB150,193,17 16.505 (1) (intro.)  Except as provided in subs. (2), (2e) and (2m), 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:

AB150, s. 294 Section 294. 16.505 (2e) of the statutes is created to read:

AB150,193,20 16.505 (2e) (a) In this subsection, "agency" has the meaning given for "executive branch agency" under s. 16.70 (4).

AB150,194,14 (b) In addition to utilizing the procedure under sub. (2), the secretary may, for the purpose of providing information technology management and processing services for an agency under ss. 16.971, 16.973 and 16.974, increase the number of full-time equivalent positions of the agency and decrease the full-time equivalent positions of another agency by a corresponding number. Positions transferred to an agency under this subsection shall be funded from an appropriation to that agency specified by the secretary that is permitted to be expended for information technology management and processing services. On the effective date of any transfer, the positions and incumbents in the positions are transferred to the agency specified by the secretary. Employes transferred to an agency under this paragraph have all of the rights and the same status under subch. V of ch. 111 and ch. 230 in that agency that they enjoyed in the agency by which they were employed immediately prior to transfer. Notwithstanding s. 230.28 (4), no employe so transferred who has attained a permanent status in class may be required to serve a probationary period. The secretary shall promptly report in writing to the cochairpersons of the joint committee on finance concerning the numbers and types of any positions transferred under this paragraph, the effective date of any transfer and the appropriation account or accounts from which the positions are being funded during the remainder of the fiscal biennium in which the transfer is made.

AB150, s. 295 Section 295. 16.517 of the statutes is amended to read:

AB150,195,18 16.517 (title) Adjustments of program revenue positions position and funding levels. No later than 30 days after the effective date of each biennial budget act, the department shall provide to the cochairpersons of the joint committee on finance a report indicating any initial proposed 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) any sum certain appropriation or to the number of full-time equivalent positions funded from program revenue and program revenue-service appropriations authorized by any revenue source except federal revenues under that act to account for any additional funding or positions authorized under ss. s. 13.10, 16.505 (2), (2e) or (2m) and or 16.515 in the fiscal year immediately preceding the fiscal biennium of the budget that have not been included in appropriations or authorizations under the biennial budget act but which should be included as continued budget appropriations or authorizations in the fiscal biennium of the budget due to their continuing nature. 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. 13.10, 16.505 (2), (2e) 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.

****Note: This is reconciled s. 16.517. This section has been affected by drafts with the following LRB #'s: LRB-1741/5 and LRB-2430.

AB150, s. 296 Section 296. 16.52 (6) (a) of the statutes is amended to read:

AB150,196,5 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.

AB150, s. 297 Section 297. 16.52 (7) of the statutes is amended to read:

AB150,196,16 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.

AB150, s. 298 Section 298. 16.52 (10) of the statutes is amended to read:

AB150,196,21 16.52 (10) (title) Department of public instruction and department of revenue. The provisions of sub. (2) with respect to refunds and sub. (5) (a) with respect to reimbursements for the prior fiscal year shall not apply to the appropriation appropriations under s. ss. 20.255 (2) (ac) and 20.835 (7) (ac).

AB150, s. 299 Section 299. 16.528 (1) (a) of the statutes is amended to read:

AB150,197,2 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.

AB150, s. 300 Section 300. 16.528 (3) (c) of the statutes is amended to read:

AB150,197,5 16.528 (3) (c) An order or contract between 2 or more agencies except if the order or contract involves prison industries.

AB150, s. 301 Section 301. 16.53 (1) (d) 1. of the statutes is amended to read:

AB150,197,12 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.

****Note: This is reconciled s. 16.53 (1) (d) 1. This Section has been affected by drafts with the following LRB numbers: 2602/2 and 2243/2.

AB150, s. 302 Section 302. 16.53 (2) of the statutes is amended to read:

AB150,197,21 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.

AB150, s. 303 Section 303. 16.54 (1) of the statutes is amended to read:

AB150,198,8 16.54 (1) Whenever the United States government shall make available to this state funds for the education, the promotion of health, the relief of indigency, the promotion of agriculture or for any other purpose other than the administration of the tribal or any individual funds of Wisconsin Indians, the governor on behalf of the state is authorized to accept the funds so made available. In exercising the authority herein conferred, the governor may stipulate as a condition of the acceptance of the act of congress by this state such conditions as in the governor's discretion may be necessary to safeguard the interests of this state.

AB150, s. 304 Section 304. 16.54 (2) (b) of the statutes is amended to read:

AB150,198,21 16.54 (2) (b) Upon presentation by the department of health and social services to the joint committee on finance of alternatives to the provisions under s. 49.80, the joint committee on finance may revise the eligibility criteria under s. 49.80 (5), benefit payments under s. 49.80 (6) or the amount allocated for crises determined by the department under s. 49.80 (3) (e) 2 and the department shall implement those revisions. Benefits or eligibility criteria so revised shall take into account and be consistent with the requirements of federal regulations promulgated under 42 USC 8621 to 8629. If funds received under 42 USC 8621 to 8629 in a federal fiscal year total less than 90% of the amount received in the previous federal fiscal year, the department of health and social services shall submit to the joint committee on finance a plan for expenditure of the funds. The department of health and social services may not use the funds unless the committee approves the plan.

AB150, s. 305 Section 305 . 16.54 (2) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,199,11 16.54 (2) (b) Upon presentation by the department of health and social services to the joint committee on finance of alternatives to the provisions under s. 49.80 16.385, the joint committee on finance may revise the eligibility criteria under s. 49.80 (5) 16.385 (5), benefit payments under s. 49.80 (6) 16.385 (6) or the amount determined by the department under s. 49.80 (3) (e) 2 16.385 (3) (e) 2. and the department shall implement those revisions. Benefits or eligibility criteria so revised shall take into account and be consistent with the requirements of federal regulations promulgated under 42 USC 8621 to 8629. If funds received under 42 USC 8621 to 8629 in a federal fiscal year total less than 90% of the amount received in the previous federal fiscal year, the department of health and social services shall submit to the joint committee on finance a plan for expenditure of the funds. The department of health and social services may not use the funds unless the committee approves the plan.

****Note: This is reconciled s. 16.54 (2) (b). This Section has been affected by drafts with the following LRB numbers: -0774/2 and -2153/1.

AB150, s. 306 Section 306. 16.54 (8r) (b) of the statutes is amended to read:

AB150,199,17 16.54 (8r) (b) The Annually by October 1 the board of regents shall report to the governor and the cochairpersons of the joint committee on finance no later than the 15th day following completion of each calendar quarter concerning the date, amount and purpose of any federal moneys accepted by the board under par. (a) during the preceding quarter fiscal year.

AB150, s. 307 Section 307. 16.54 (9) (a) 1. of the statutes is amended to read:

AB150,199,23 16.54 (9) (a) 1. "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.

AB150, s. 308 Section 308. 16.545 (9) of the statutes is created to read:

AB150,200,5 16.545 (9) To process applications for grants from the federal government upon request of any agency, as defined in s. 16.70 (1). The department may assess to an agency for whom it processes an application under this subsection a fee for the expenses incurred by the department in performing this service.

AB150, s. 309 Section 309. 16.61 (title) of the statutes is amended to read:

AB150,200,7 16.61 (title) Records and forms of state offices and other public records.

AB150, s. 310 Section 310. 16.61 (1) of the statutes is amended to read:

AB150,200,13 16.61 (1) (title) Public records and forms board. The public records and forms board shall preserve for permanent use important state records, prescribe policies and standards that provide an orderly method for the disposition of other state records and rationalize and make more cost-effective the management of forms and records by state agencies.

AB150, s. 311 Section 311. 16.61 (2) (a) of the statutes is amended to read:

AB150,200,15 16.61 (2) (a) "Board" means the public records and forms board.

AB150, s. 312 Section 312. 16.61 (2) (ad) of the statutes is renumbered 16.97 (5m).

AB150, s. 313 Section 313. 16.61 (2) (af) of the statutes is created to read:

AB150,200,18 16.61 (2) (af) "Form" has the meaning specified in s. 16.97 (5m).

AB150, s. 314 Section 314. 16.61 (2) (ah) of the statutes is renumbered 16.97 (5s).

AB150, s. 315 Section 315. 16.61 (2) (ao) of the statutes is repealed.

AB150, s. 316 Section 316. 16.61 (2) (ap) of the statutes is renumbered 16.97 (8m) and amended to read:

AB150,200,24 16.97 (8m) "Public contact form" means a form generated and used by any state agency in transactions between the state agency and a member of the public.

AB150, s. 317 Section 317. 16.61 (2) (b) (intro.) of the statutes is amended to read:

AB150,201,6 16.61 (2) (b) (intro.) "Public records" means all books, papers, maps, photographs, films, recordings, optical disks, electronically formatted documents or other documentary materials, regardless of physical form or characteristics, made, or received by any state agency or its officers or employes in connection with the transaction of public business, and documents of any insurer that is liquidated or in the process of liquidation under ch. 645. "Public records" does not include:

AB150, s. 318 Section 318. 16.61 (2) (bm) of the statutes is amended to read:

AB150,201,11 16.61 (2) (bm) "Records and forms officer" means a person designated by a state agency to design, review, analyze, consolidate, simplify and file comply with all public records and forms management laws and rules under s. 15.04 (1) (j) and to act as a liaison between that state agency and the board.

AB150, s. 319 Section 319. 16.61 (3) (b) of the statutes is amended to read:

AB150,201,18 16.61 (3) (b) Upon the request of any state agency, county, town, city, village or school district, may order upon such terms as the board finds necessary to safeguard the legal, financial and historical interests of the state in public records, the destruction, reproduction by microfilm or other process, storage by optical disk, or electronic storage or the temporary or permanent retention or other disposition of public records.

AB150, s. 320 Section 320. 16.61 (3) (c) of the statutes is amended to read:

AB150,201,21 16.61 (3) (c) Shall May promulgate rules to carry out the purposes of this section.

AB150, s. 321 Section 321. 16.61 (3) (h) of the statutes is repealed.

AB150, s. 322 Section 322. 16.61 (3) (i) of the statutes is repealed.

AB150, s. 323 Section 323. 16.61 (3) (j) of the statutes is amended to read:

AB150,202,2 16.61 (3) (j) Shall establish a records and forms management program for this state.

AB150, s. 324 Section 324. 16.61 (3) (k) of the statutes is renumbered 16.971 (2) (am) and amended to read:

AB150,202,6 16.971 (2) (am) Shall make Make as cost effective as possible the procurement and use of forms by state agencies.

AB150, s. 325 Section 325. 16.61 (3) (L) of the statutes is amended to read:

AB150,202,9 16.61 (3) (L) Shall receive and investigate complaints about forms, except as provided in sub. (3m) (3n).

AB150, s. 326 Section 326. 16.61 (3) (p) of the statutes is renumbered 16.61 (3L) and amended to read: