AB150: Bill Text

AB150,123,20 2. Projects approved by the governor in response to emergency situations under s. 16.855 (16) (b) or to allocations from the appropriation made under s. 20.867 (2) for special category projects when the building commission has released funds under sub. (3) and has also approved a plan for the expenditure of those funds. "Special category projects" for the purpose of this subsection subdivision include but are not limited to projects such as special maintenance, energy conservation, handicapped access and advance property acquisition designated by the building commission.

AB150, s. 23 Section 23. 13.48 (10) (b) 3. of the statutes is created to read:

AB150,123,23 13.48 (10) (b) 3. Construction or improvement projects of the University of Wisconsin Hospitals and Clinics Authority.

AB150, s. 24 Section 24. 13.48 (13) (a) of the statutes is amended to read:

AB150,124,10 13.48 (13) (a) Except as provided in par. (c), every building, structure or facility that is constructed for the benefit of or use of the state or any state agency, board, commission or department or the University of Wisconsin Hospitals and Clinics Authority shall be in compliance with all applicable state laws, rules, codes and regulations but the construction is not subject to the and zoning ordinances or regulations of the municipality in which the construction takes place except zoning but is not subject to other ordinances or regulations of that municipality, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.

AB150, s. 25 Section 25. 13.48 (26) of the statutes is amended to read:

AB150,125,15 13.48 (26) Clean water annual finance plan approval. The building commission shall review the versions of the biennial finance plan and any amendments to the biennial finance plan submitted to it by the department of natural resources and the department of administration under s. 144.2415 (3) (bm) and the recommendations of the joint committee on finance and the standing committees to which the versions of the biennial finance plan and any amendments were submitted under s. 144.2415 (3) (bm). The building commission shall consider the extent to which that version of the biennial finance plan that is updated to reflect the adopted biennial budget act will maintain the clean water fund in perpetuity, maintain the purchasing power of the clean water fund, meet the requirements of ss. 144.241 and 144.2415 to provide financial assistance for water quality pollution abatement needs and nonpoint source water pollution management needs, and provide a stable and sustainable annual level of financial assistance under ss. 144.241 and 144.2415 proportional to the state's long-term water pollution abatement and management needs and priorities. The building commission shall also consider the extent to which the implementation of the clean water fund, as set forth in that version of the biennial finance plan updated to with any amendments that reflect the adopted biennial budget act, implements legislative intent on the clean water fund program. The building commission shall, no later than 60 days after the date of enactment of the biennial budget act, either approve or disapprove the biennial finance plan that is updated to with any amendments that reflect the adopted biennial budget act, except that the building commission may not disapprove those amounts that the legislature approves under s. 144.2415 (3) (c). If the building commission disapproves the version of the amended biennial finance plan that is updated to reflect reflects the adopted biennial budget act, it must notify the department of natural resources and the department of administration of its reasons for disapproving the plan, and those departments must revise that version of the develop additional biennial finance plan amendments and submit the revision amendments to the building commission.

****Note: This is reconciled s. 13.48 (26). This Section has been affected by drafts with the following LRB #'s: -1093 and -2597.

AB150, s. 26 Section 26. 13.48 (28) of the statutes is created to read:

AB150,125,20 13.48 (28) State property leased to the University of Wisconsin Hospitals and Clinics Authority. The building commission may not authorize public debt to construct or improve any on-campus facilities, as defined under s. 233.01 (7), that are or will be leased to the University of Wisconsin Hospitals and Clinics Authority.

AB150, s. 27 Section 27. 13.53 (2) (b) of the statutes is amended to read:

AB150,126,4 13.53 (2) (b) Study and review the postaudit or other reports submitted by the legislative audit bureau, confer with the state auditor and assistants and with other legislative committees in regard to such reports and, when necessary, confer with representatives of the state agency entities audited in order to obtain full and complete information in regard to any fiscal transactions and governmental operations within the state.

AB150, s. 28 Section 28. 13.53 (2) (c) of the statutes is amended to read:

AB150,126,11 13.53 (2) (c) Refer to the legislature or to an appropriate standing committee information that, in its opinion, warrants action by the legislature or by the committee. It may request from a standing committee information on such action as is taken. The committee shall seek the advice of the appropriate standing committees with respect to the program portion of an audit relating to a state department or agency an entity which is within the purview of such committee.

AB150, s. 29 Section 29. 13.53 (3) (a) of the statutes is amended to read:

AB150,127,2 13.53 (3) (a) In any instance in which a postaudit report of the legislative audit bureau cites cases of improper payments; inadequate accounting, operating, or administrative system controls, procedures, or related records; inaccuracies; waste or extravagance; unauthorized or unintended activities or programs; or other deficiencies required by statute to be reported, the head of the state department or agency entity to which the audit report pertains shall, within a time period specified by the committee, advise the cochairpersons of the committee, the chairperson of the joint committee on legislative organization and to each appropriate standing committee of any remedial actions taken or to be taken on matters cited in the report. Where such advice is not forthcoming from the head of the state department or agency entity within the time period specified by the committee, or where the committee determines that suitable action has not been taken, the committee may report the matter immediately to the joint committee on legislative organization and to each appropriate standing committee.

AB150, s. 30 Section 30. 13.53 (3) (b) of the statutes is amended to read:

AB150,127,12 13.53 (3) (b) The committee may, in any case, propose specific corrective action to remedy undesirable practices, including changes in applicable laws, rules and procedures, but with respect to the program portion of audit, it shall first seek the advice of the appropriate standing committees which have purview over the state department or agency entity under review. If the committee introduces a bill, it shall be referred to the appropriate standing committee. The appropriate standing committees may propose corrective legislation wherever they find that the program portion of the audit indicates that a law is not being implemented in the manner intended by the legislature when the law was enacted.

AB150, s. 31 Section 31. 13.53 (4) of the statutes is amended to read:

AB150,127,21 13.53 (4) Fiscal and performance evaluations. The committee may at any time, without regard to whether the legislature is then in session, request the joint committee on legislative organization to investigate any matter within the scope of a postaudit completed or being conducted by the legislative audit bureau. It may also request investigation and consideration of any matter relative to the expenditures and revenues as well as the fiscal and performance activities of state departments and agencies entities pursuant to the objectives of the committee and the legislative audit bureau.

AB150, s. 32 Section 32. 13.58 (5) (a) 4. of the statutes is repealed.

AB150, s. 33 Section 33. 13.58 (5) (b) 1. of the statutes is amended to read:

AB150,128,2 13.58 (5) (b) 1. Direct the privacy advocate, the council on information technology or the subunit in the department of administration with policy-making responsibility related to information technology to conduct studies or prepare reports on items related to the committee's duties under par. (a).

AB150, s. 34 Section 34. 13.62 (2) of the statutes is amended to read:

AB150,128,7 13.62 (2) "Agency" means any board, commission, department, office, society, institution of higher education, council or committee in the state government, or any authority created in ch. 231, 232, 233 or 234, except that the term does not include a council or committee of the legislature.

AB150, s. 35 Section 35. 13.625 (8m) of the statutes is created to read:

AB150,128,11 13.625 (8m) Subsection (3) does not apply to the solicitation of anything of pecuniary value to pay the costs of remedying environmental contamination, as defined in s. 144.968 (1), by an agency official of the department of natural resources.

AB150, s. 36 Section 36. 13.625 (10) of the statutes is created to read:

AB150,128,16 13.625 (10) This section does not apply to the solicitation, acceptance or furnishing of anything of pecuniary value by the department of tourism and parks, or to a principal furnishing anything of pecuniary value to the department of tourism and parks, under s. 19.56 (3) (em) or (f) for the activity specified in s. 19.56 (3) (em).

AB150, s. 37 Section 37. 13.63 (1) of the statutes is amended to read:

AB150,129,4 13.63 (1) Licenses. An application for a license to act as a lobbyist may be obtained from and filed with the board. The application shall be signed, under the penalty for making false statements under s. 13.69 (6m), by the lobbyist. Upon approval of the application and payment of the applicable license fee under s. 13.75 (1) or (1m) to the board, the board shall issue a license which entitles the licensee to practice lobbying on behalf of one or more each registered principals principal who or which have has filed an authorization under s. 13.65 for that lobbyist and paid the authorization fee under s. 13.75 (4). The license shall expire on December 31 of each even-numbered year. No application may be disapproved by the board except an application for a license by a person who is ineligible for licensure under s. 13.69 (4) or lobbyist whose license has been revoked under s. 13.69 (7) and only for the period of such ineligibility or revocation. Denial of a license may be reviewed under ch. 227.

AB150, s. 38 Section 38. 13.75 (1) of the statutes is amended to read:

AB150,129,7 13.75 (1) Obtaining a license under s. 13.63 (1), $200 to act on behalf of one principal, $250.

AB150, s. 39 Section 39. 13.75 (1m) of the statutes is created to read:

AB150,129,10 13.75 (1m) Obtaining a license under s. 13.63 (1) to act on behalf of 2 or more principals, $400.

AB150, s. 40 Section 40. 13.75 (2) of the statutes is amended to read:

AB150,129,12 13.75 (2) Filing the principal registration form under s. 13.64, $300 $375.

AB150, s. 41 Section 41. 13.75 (4) of the statutes is amended to read:

AB150,129,14 13.75 (4) Filing an authorization statement under s. 13.65, $100 $125.

AB150, s. 42 Section 42. 13.92 (1) (e) 5. of the statutes is amended to read:

AB150,129,17 13.92 (1) (e) 5. Microfilming, or optical imaging or electronic formatting of reference materials and legislative drafting records under par. (a) 1. and 3.

AB150, s. 43 Section 43. 13.94 (1) (d) 1. of the statutes is amended to read:

AB150,129,23 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.

AB150, s. 44 Section 44. 13.94 (1) (n) of the statutes is amended to read:

AB150,130,3 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).

AB150, s. 45 Section 45. 13.94 (4) (a) 1. of the statutes is amended to read:

AB150,130,15 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.

AB150, s. 46 Section 46. 13.94 (4) (a) 5. of the statutes is amended to read:

AB150,130,17 13.94 (4) (a) 5. A local service agency as defined in s. 101.35 106.20 (1) (d).

AB150, s. 47 Section 47. 13.94 (4) (b) of the statutes is amended to read:

AB150,130,23 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.

AB150, s. 48 Section 48. 14.017 (2) of the statutes is amended to read:

AB150,131,16 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.

AB150, s. 49 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:

AB150,131,24 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:

AB150,132,2 (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.

AB150, s. 50 Section 50. 14.38 (9) of the statutes is amended to read:

AB150,132,23 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.

AB150, s. 51 Section 51. 14.38 (12) of the statutes is renumbered 73.20 (6) amended to read:

AB150,133,8 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.

AB150, s. 52 Section 52. 14.38 (13) of the statutes is renumbered 220.02 (7) and amended to read:

AB150,133,15 220.02 (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).

AB150, s. 53 Section 53. 14.38 (14) of the statutes is renumbered 73.20 (3), and 73.20 (3) (intro.), as renumbered, is amended to read:

AB150,134,5 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:

AB150, s. 54 Section 54. Subchapter IV (title) of chapter 14 [precedes 14.56] of the statutes is repealed.

AB150, s. 55 Section 55. 14.56 of the statutes is repealed.

AB150, s. 56 Section 56. 14.58 (intro.) of the statutes is repealed.

AB150, s. 57 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:

AB150,134,14 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;

AB150,134,25 (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.

AB150,135,7 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).

AB150,135,12 (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.

AB150,135,20 (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.

AB150,136,4 (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.

AB150,136,7 (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).

AB150, s. 58 Section 58. 14.59 (title) of the statutes, as created by 1995 Wisconsin Act .... (this act), is repealed.

AB150, s. 59 Section 59. 14.59 of the statutes is created to read:

AB150,136,17 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).

AB150, s. 60 Section 60. 14.59 of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 16.413 (4) and amended to read:

AB150,136,25 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.

AB150, s. 61 Section 61. 14.60 (title) of the statutes is repealed.

AB150, s. 62 Section 62. 14.60 of the statutes is renumbered 16.413 (2) and amended to read:

AB150,137,10 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.

AB150, s. 63 Section 63. 14.62 (title) of the statutes is repealed.

AB150, s. 64 Section 64. 14.62 of the statutes is renumbered 16.413 (3) and amended to read:

AB150,138,2 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).

AB150, s. 65 Section 65. 14.82 (1) (intro.) of the statutes is amended to read:

AB150,138,24 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.