AB150: Bill Text

AB150,234,13 (3) The department may approve the request of an agency under sub. (2) if the agency demonstrates that the project has a high potential to improve the efficiency of its operations and is consistent with the plan of the agency for utilization of information technology, as approved under s. 16.971 (2) (L).

AB150,234,18 (4) Upon approval of a request in whole or in part, the department shall transfer the approved amount between the affected appropriation accounts. Upon such transfer, the amount of any appropriation to which moneys are transferred is increased by the transferred amount and may be encumbered during the period for which the appropriation is made for the purpose for which it is made.

AB150,234,23 (5) The secretary shall report in writing to the cochairpersons of the joint committee on finance on a quarterly basis concerning the amount of any transfer approved under this section during the most recent completed calendar quarter, the appropriation accounts to and from which the transfer was effected and the purpose for which the transfer was made.

AB150, s. 430 Section 430. 16.978 of the statutes is created to read:

AB150,235,5 16.978 Carryover of appropriations. (1) Any agency to which a sum certain appropriation is made may apply to the department no later than March 31 of any fiscal year for authorization to carry over unencumbered moneys in the account for that appropriation between 2 successive fiscal years or biennia for the purpose of engaging in an information technology development project.

AB150,235,9 (2) The department may approve the request of an agency under sub. (1) if the agency demonstrates that the project has a high potential to improve the efficiency of its operations and is consistent with the plan of the agency for utilization of information technology, as approved under s. 16.971 (2) (L).

AB150,235,16 (3) Notwithstanding s. 20.001 (3) (a) and (b), upon approval of a request in whole or in part, the department shall transfer the approved amount between the affected fiscal years or biennia. Notwithstanding s. 20.001 (2) (b) and (c) and (3) (a) and (b), upon such transfer, the amount of the appropriation for the fiscal year or biennium succeeding the one in which the transfer is made is increased by the transferred amount and may be encumbered during the fiscal year or biennium for which the appropriation is made for the purpose for which it is made.

AB150,235,20 (4) Any carryover under this section is contingent upon continuance of the appropriation account to which moneys are transferred as a sum certain appropriation in a form that permits expenditure of the moneys for the purpose for which the carryover is made.

AB150, s. 431 Section 431. Subchapter IX (title) of chapter 16 [precedes 16.99] of the statutes is amended to read:

AB150,235,23 CHAPTER 16

AB150,236,3 SUBCHAPTER IX TELECOMMUNICATIONS AND INSTRUCTIONAL TECHNOLOGY

AB150, s. 432 Section 432. 16.991 (title) and (1) (intro.) of the statutes are created to read:

AB150,236,6 16.991 (title) Instructional technology. (1) (intro.) The department shall do all of the following:

AB150, s. 433 Section 433. 16.991 (1) (a) of the statutes is created to read:

AB150,236,10 16.991 (1) (a) Receive and disburse state, federal and private funds and engage or contract for such personnel and facilities as it considers necessary to carry out the purpose of this section.

AB150, s. 434 Section 434. 16.991 (1) (d) of the statutes is created to read:

AB150,236,17 16.991 (1) (d) Jointly with the educational communications board, if appropriate funds are made available, file applications after appropriate engineering studies and feasibility surveys for the construction and operation of noncommercial educational radio and television transmitters in the vicinities of Wausau, Colfax, La Crosse and Appleton and translators in the Platteville and Ashland area.

AB150, s. 435 Section 435. 16.991 (1) (f) of the statutes is created to read:

AB150,236,21 16.991 (1) (f) Assist any state agency, upon its request, in the development and review of plans for the utilization of educational radio and television to include, but not be limited to, equipment, personnel and facilities.

AB150, s. 436 Section 436. 16.991 (2) and (3) of the statutes are created to read:

AB150,236,23 16.991 (2) The department may:

AB150,236,25 (a) Copyright in its own name or acquire copyrights by assignment and charge for their use.

AB150,237,2 (b) Review capital equipment purchases related to public broadcasting made by any state agency.

AB150,237,5 (3) (a) The department may enter into affiliation agreements with broadcast radio and television licensees for the purpose of furthering its responsibilities under sub. (1) (b).

AB150,237,8 (b) Notwithstanding par. (a), the department shall, jointly with the educational communications board, negotiate an affiliation agreement under s. 36.25 (5) with the University of Wisconsin System.

AB150, s. 437 Section 437. 17.07 (3), (4), (5) and (6) of the statutes are amended to read:

AB150,237,14 17.07 (3) State officers appointed by serving in an office that is filled by appointment of the governor for a fixed term by and with the advice and consent of the senate, or appointed by serving in an office that is filled by appointment of any other officer or body for a fixed term subject to the concurrence of the governor, by the governor at any time, for cause.

AB150,237,19 (4) State officers appointed by serving in an office that is filled by appointment of the governor with the advice and consent of the senate to serve at the pleasure of the governor, or appointed by serving in an office that is filled by appointment of any other officer or body for an indefinite term subject to the concurrence of the governor, by the governor at any time.

AB150,238,2 (5) State officers appointed serving in an office that is filled by appointment of the governor alone for a fixed or indefinite term or to supply a vacancy in any office, elective or appointive, except justices of the supreme court and judges and the adjutant general, by the governor at pleasure; the adjutant general, by the governor, at any time, for cause or for withdrawal of federal recognition of his or her commission under 32 USC 323; and all officers appointed by the governor during the recess of the legislature whose appointments are required to be later confirmed by the senate shall be deemed to be appointed by the governor alone until so confirmed.

AB150,238,8 (6) Other state officers appointed by serving in an office that is filled by appointment of any officer or body without the concurrence of the governor, by the officer or body that appointed them having the authority to make appointments to that office, at pleasure, except that officers appointed according to merit and fitness under and subject to ch. 230 or officers whose removal is governed by ch. 230 who may be removed only in conformity with said that chapter.

AB150, s. 438 Section 438. 18.06 (10) of the statutes is repealed.

AB150, s. 439 Section 439. 18.13 (4) of the statutes is repealed.

AB150, s. 440 Section 440. 19.21 (4) (b) of the statutes is amended to read:

AB150,238,19 19.21 (4) (b) The period of time any town, city or village public record is kept before destruction shall be as prescribed by ordinance unless a specific period of time is provided by statute. The period prescribed in the ordinance may not be less than 2 years with respect to water stubs, receipts of current billings and customer's ledgers of any municipal utility, and 7 years for other records unless a shorter period has been fixed by the public records and forms board under s. 16.61 (3) (e) and except as provided under sub. (7). This paragraph does not apply to school records of a 1st class city school district.

AB150, s. 441 Section 441. 19.21 (4) (c) of the statutes is amended to read:

AB150,239,5 19.21 (4) (c) Any local governmental unit or agency may provide for the keeping and preservation of public records kept by that governmental unit through the use of microfilm or another reproductive device, or optical imaging or electronic formatting. A local governmental unit or agency shall make such provision by ordinance or resolution. Any such action by a subunit of a local governmental unit or agency shall be in conformity with the action of the unit or agency of which it is a part. Any photographic reproduction of a record authorized to be reproduced under this paragraph is deemed an original record for all purposes if it meets the applicable standards established in ss. 16.61 (7) and 16.612. This paragraph does not apply to public records kept by counties electing to be governed by ch. 228.

AB150, s. 442 Section 442. 19.21 (5) (c) of the statutes is amended to read:

AB150,239,13 19.21 (5) (c) The period of time any public record shall be kept before destruction shall be determined by ordinance except that in all counties the specific period of time expressed within s. 7.23 or 59.715 or any other law requiring a specific retention period shall apply. The period of time prescribed in the ordinance for the destruction of all records not governed by s. 7.23 or 59.715 or any other law prescribing a specific retention period may not be less than 7 years, unless a shorter period is fixed by the public records and forms board under s. 16.61 (3) (e).

AB150, s. 443 Section 443. 19.21 (6) of the statutes is amended to read:

AB150,239,22 19.21 (6) A school district may provide for the destruction of obsolete school records. Prior to any such destruction, at least 60 days' notice in writing of such destruction shall be given to the historical society, which shall preserve any records it determines to be of historical interest. The historical society may, upon application, waive the notice. The period of time a school district record shall be kept before destruction shall be not less than 7 years, unless a shorter period is fixed by the public records and forms board under s. 16.61 (3) (e) and except as provided under sub. (7). This section does not apply to pupil records under s. 118.125.

AB150, s. 444 Section 444. 19.21 (8) of the statutes is amended to read:

AB150,240,9 19.21 (8) Any metropolitan sewerage commission created under ss. 66.88 to 66.918 may provide for the destruction of obsolete commission records. No record of the metropolitan sewerage district may be destroyed except by action of the commission specifically authorizing the destruction of that record. Prior to any destruction of records under this subsection, the commission shall give at least 60 days' prior notice of the proposed destruction to the state historical society, which may preserve records it determines to be of historical interest. Upon the application of the commission, the state historical society may waive this notice. Except as provided under sub. (7), the commission may only destroy a record under this subsection after 7 years elapse from the date of the record's creation, unless a shorter period is fixed by the public records and forms board under s. 16.61 (3) (e).

AB150, s. 445 Section 445. 19.23 (1) of the statutes is amended to read:

AB150,240,13 19.23 (1) Any public records, in any state office, that are not required for current use may, in the discretion of the public records and forms board, be transferred into the custody of the historical society, as provided in s. 16.61.

AB150, s. 446 Section 446. 19.42 (10) (k) of the statutes is amended to read:

AB150,240,20 19.42 (10) (k) A division administrator of an office created under ch. 14 or a department or independent agency created or continued under ch. 15 , except for the department of regulation and licensing and the department of revenue. In the department of regulation and licensing and the department of revenue, "official required to file" includes a division administrator who holds a position enumerated under s. 230.08 (2) (e).

AB150, s. 447 Section 447. 19.42 (10) (n) of the statutes is created to read:

AB150,240,23 19.42 (10) (n) The chief executive officer and members of the board of directors of the University of Wisconsin Hospitals and Clinics Authority.

AB150, s. 448 Section 448. 19.42 (13) (j) of the statutes is amended to read:

AB150,241,6 19.42 (13) (j) A division administrator of an office created under ch. 14 or a department or independent agency created or continued under ch. 15 , except for the department of regulation and licensing and the department of revenue. In the department of regulation and licensing and the department of revenue, "state public official" includes a division administrator who holds a position enumerated under s. 230.08 (2) (e).

AB150, s. 449 Section 449. 19.42 (13) (m) of the statutes is created to read:

AB150,241,9 19.42 (13) (m) The chief executive officer and members of the board of directors of the University of Wisconsin Hospitals and Clinics Authority.

AB150, s. 450 Section 450. 19.44 (1) (g) of the statutes is amended to read:

AB150,241,17 19.44 (1) (g) The identity of each person from which the individual who is required to file received, directly or indirectly, any gift or gifts having an aggregate value of more than $50 within the taxable year preceding the time of filing, except that the source of a gift need not be identified if the donation is permitted under s. 19.56 (3) (e), (em) or (f) or if the donor is the donee's parent, grandparent, child, grandchild, brother, sister, parent-in-law, grandparent-in-law, brother-in-law, sister-in-law, uncle, aunt, niece, nephew, spouse, fiance or fiancee.

AB150, s. 451 Section 451. 19.45 (11) (intro.) of the statutes is amended to read:

AB150,241,21 19.45 (11) (intro.)  The legislature recognizes that all state public officials and employes and all employes of the University of Wisconsin Hospitals and Clinics Authority should be guided by a code of ethics and thus:

AB150, s. 452 Section 452. 19.45 (11) (d) of the statutes is created to read:

AB150,241,25 19.45 (11) (d) The board of directors of the University of Wisconsin Hospitals and Clinics Authority shall establish a code of ethics for employes of the authority who are not state public officials.

AB150, s. 453 Section 453. 19.48 (4) (intro.) of the statutes is amended to read:

AB150,242,5 19.48 (4) (intro.)  Preserve the statements of economic interests filed with it for a period of 6 years from the date of receipt in such form, including microfilming, or optical imaging or electronic formatting, as will facilitate document retention, except that:

AB150, s. 454 Section 454. 19.53 (1) of the statutes is amended to read:

AB150,242,11 19.53 (1) In the case of a state public official in the unclassified outside the classified service, a recommendation that the state public official be censured, suspended, or removed from office or employment. Such recommendation shall be made to the appropriate appointing authority who may censure, suspend, or take action to remove the official from office or employment.

AB150, s. 455 Section 455. 19.56 (2) (b) 6. of the statutes is amended to read:

AB150,242,15 19.56 (2) (b) 6. Is made available to the official by the department of development or the department of tourism and parks in accordance with sub. (3) (e), (em) or (f).

AB150, s. 456 Section 456. 19.56 (3) (em) of the statutes is created to read:

AB150,242,19 19.56 (3) (em) A state public official who is an officer or employe of the department of tourism and parks may solicit, receive and retain on behalf of the state anything of value for the purpose of hosting individuals in order to promote tourism.

AB150, s. 457 Section 457. 19.56 (3) (f) of the statutes is amended to read:

AB150,242,25 19.56 (3) (f) A state public official may receive and retain from the department of development anything of value which the department of development is authorized to provide under par. (e) and may receive and retain from the department of tourism and parks anything of value which the department of tourism and parks is authorized to provide under par. (em).

AB150, s. 458 Section 458. 19.575 of the statutes is created to read:

AB150,243,7 19.575 Tourism activities. The department of tourism and parks shall file a report with the board no later than April 30 annually, specifying the source and amount of anything of value received by the department of tourism and parks during the preceding calendar year for a purpose specified in s. 19.56 (3) (em) and the program or activity in connection with which the thing is received, together with the location and date of that program or activity.

AB150, s. 459 Section 459. 19.62 (4) of the statutes is repealed.

AB150, s. 460 Section 460. 19.625 of the statutes is repealed.

AB150, s. 461 Section 461. 19.63 of the statutes is repealed.

AB150, s. 462 Section 462. 19.69 (2) of the statutes is amended to read:

AB150,243,16 19.69 (2) (title) Copy to public records and forms board. A state authority that prepares a written specification of a matching program under sub. (1) shall provide to the public records and forms board a copy of the specification and any subsequent revision of the specification within 30 days after the state authority prepares the specification or the revision.

AB150, s. 463 Section 463. 19.75 of the statutes is repealed.

AB150, s. 464 Section 464. 19.82 (1) of the statutes is amended to read:

AB150,244,4 19.82 (1) "Governmental body" means a state or local agency, board, commission, committee, council, department or public body corporate and politic created by constitution, statute, ordinance, rule or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a local exposition district under subch. II of ch. 229; any public purpose corporation, as defined in s. 181.79 (1); a nonprofit corporation operating the Olympic ice training center under s. 42.11 (3); or a formally constituted subunit of any of the foregoing, but excludes any such body or committee or subunit of such body which is formed for or meeting for the purpose of collective bargaining under subch. IV or V of ch. 111 or any committee established under s. 118.39 (2) (a) 2. to review the performance of school district employes.

AB150, s. 465 Section 465. 20.001 (4) of the statutes is amended to read:

AB150,244,12 20.001 (4) General purpose revenue — earned. Revenue which is received by a state agency incidentally in connection with general purpose revenue appropriations in the course of accomplishing program objectives, which is not designated as a refund of an expenditure by the secretary of administration under sub. (5) and for which no program revenue appropriation is made shall be designated as general purpose revenue (GPR) — earned. This revenue shall be treated as a nonappropriated receipt and is not available for expenditure.

AB150, s. 466 Section 466. 20.001 (5) of the statutes is amended to read:

AB150,246,9 20.001 (5) Refunds of expenditures. Any Except as otherwise provided in this subsection, any amount not otherwise appropriated under this chapter that is received by a state agency as a result of an adjustment made to a previously recorded expenditure expenditures from a sum certain an appropriation to that agency due to activities that are of a temporary nature or activities that could not be anticipated during budget development, other than a sum sufficient appropriation, and which serves to reduce or eliminate the previously recorded expenditure in the same fiscal year in which the previously recorded expenditure was made may, upon request of the agency, be designated expenditures may be recorded by the secretary of administration agency as a refund of an expenditure. Except as otherwise provided in this subsection, the secretary expenditures. The department of administration may designate an amount shall prescribe written policies for identification of amounts received by a state agency agencies as a refund refunds of an expenditure only if the agency submits to the secretary a written explanation of the circumstances under which the amount was received that includes a specific reference in a statutory or nonstatutory law to a function of the agency under which the amount was received and the appropriation from which the previously recorded expenditure was made. A refund of an expenditure shall be deposited by the receiving state agency in the appropriation account from which the previously recorded expenditure was made expenditures. Except as otherwise provided in this subsection, a state agency which proposes to make an expenditure from moneys designated record an amount received as a refund of an expenditure expenditures shall submit to the secretary of administration a written explanation of the purpose of the expenditure, including a specific reference in a statutory or nonstatutory law to a function of the agency under which the expenditure is to be made and the appropriation from which the expenditure is to be made. After submission and approval of an estimate of the amount proposed to be expended under s. 16.50 (2), a state agency may expend the moneys received from the refund of the expenditure circumstances under which the amount was received which qualify the amount to be so recorded. The secretary of administration may waive submission of any an explanation required by under this subsection for categories of refunds of expenditures or proposed refunds of expenditures specified by the secretary. Any amount recorded as a refund of expenditures shall be credited by the receiving state agency to the appropriation account from which the previously recorded expenditures were made unless the account is a sum sufficient appropriation account. If the previously recorded expenditures were made from a sum sufficient appropriation account, the amount shall be recorded by the state agency, for purposes of s. 16.46, as a credit against the total disbursements from that account. Upon crediting of an amount to an appropriation account, the state agency may expend any amount credited during the period for which the appropriation is made if the expenditure is made in accordance with this subsection and policies prescribed by the secretary of administration under this subsection. Expenditure of any amount credited under this subsection is contingent upon continuance of the appropriation account to which the amount is proposed to be credited and from which the moneys are proposed to be expended in a form that permits crediting and expenditure of the moneys.

AB150, s. 467 Section 467. 20.002 (11) (c) of the statutes is amended to read:

AB150,246,21 20.002 (11) (c) The Except as provided in s. 16.971 (8) (b), the secretary may assess a special interest charge against the programs or activities utilizing surplus moneys within the same fund under this subsection in an amount not to exceed the daily interest earnings rate of the state investment fund during the period of transfer of surplus moneys to other accounts or programs. Except as provided in s. 16.465, the secretary shall assess a special interest charge against the fund utilizing surplus moneys under this subsection in an amount equal to the rate of return the state investment fund earnings would have created to the fund from which the reallocation was made. This interest shall be calculated and credited to the appropriate fund at the same time the earnings from the state investment fund are distributed and shall be considered an adjustment to those earnings.

AB150, s. 468 Section 468. 20.003 (3) (a) of the statutes is amended to read:

AB150,247,2 20.003 (3) (a) In the schedule of s. 20.005 and in the text in ss. 20.115 to 20.875, all state agencies shall be arranged alphabetically within functional areas. Each functional area is assigned a subchapter and each state agency shall be assigned a section within that subchapter. Each subsection constitutes a program, and each paragraph constitutes an appropriation.

AB150, s. 469 Section 469. 20.003 (4) of the statutes is renumbered 20.003 (4) (intro.) and amended to read:

AB150,247,10 20.003 (4) Required general fund balance. (intro.) No bill directly or indirectly affecting general purpose revenues as defined in s. 20.001 (2) (a) may be enacted by the legislature if the bill would cause the estimated general fund balance on June 30 of any fiscal year specified in this subsection, as projected under s. 20.005 (1), to be an amount equal to less than one percent the following percentage of the total general purpose revenue appropriations for that fiscal year.:

AB150, s. 470 Section 470. 20.003 (4) (a) to (f) of the statutes are created to read: