This bill permits the state treasurer to deduct quarterly not more than 0.5% of
the income received from the earnings of the fund during the preceding calendar
quarter as reimbursement for his or her expenses of administration.
Currently, moneys received by a state agency that are not appropriated are
generally not available for expenditure until they are appropriated. However, if a
state agency receives an adjustment of a previously recorded expenditure from a sum
certain appropriation to that agency due to activities that are of a temporary nature
or activities that could not be anticipated during budget development and which
serves to reduce or eliminate the previously recorded expenditure in the same fiscal
year in which the previously recorded expenditure was made, the secretary of
administration may, upon request of the agency, designate the adjustment as a
refund of an expenditure. When designated, the refund becomes available for
expenditure. Unless exempted by the secretary, an agency which proposes to
designate an adjustment as a refund of an expenditure must provide to the secretary
an explanation of the conditions under which it was received, including a reference
to the law creating the function of the agency under which the adjustment was
received, the appropriation account from which the previously recorded expenditure
was made and the purpose of that expenditure and any new proposed expenditure.
Under this bill, DOA prescribes written policies for identification of refunds of
expenditures. The policies need not be promulgated as administrative rules. An
adjustment received by a state agency may be recorded as a refund of expenditures
upon submission to the secretary of administration of a written explanation of the
circumstances under which this adjustment was received which qualify the
adjustment to be so recorded. The secretary may waive this requirement. An agency
need not have the secretary's approval to expend an amount received as a refund of
expenditures, provided that the expenditure is made in accordance with the policies
prescribed by DOA. An amount received as a result of an expenditure in one fiscal
year may be credited and expended in a subsequent fiscal year. An amount may be
credited to and expended from a continuing (nonlapsing) appropriation account such
as a program revenue account as well as from a sum certain appropriation account,
but not from a sum sufficient appropriation account. If the previously recorded
expenditure was made from a sum sufficient appropriation account, the amount is
recorded as a credit against expenditures from that account for purposes of the state
budget report.
This bill directs DOA to require each state agency to adopt, revise as necessary
and submit for its approval a strategic plan for the utilization of information
technology to carry out the functions of the agency in the most efficient and effective
manner.
The bill also permits DOA, upon application of any state agency, to transfer
moneys between 2 sum certain appropriations to the agency that are made from the
same revenue source for state operations, in order to permit the agency to carry out
an information technology development project. ("State operations" excludes aids to
or for the benefit of local governments, individuals or organizations and moneys
derived from gifts, grants, bequests or federal revenues.) DOA may approve a
request if the agency demonstrates that the project has a high potential to improve
the efficiency of its operations and is consistent with its strategic plan for information
technology purposes, as approved by DOA.
The bill directs the secretary of administration to submit quarterly reports to
JCF concerning appropriation amounts transferred under the bill, together with a
description of the purpose for which each transfer was made.
Currently, in most cases, the approval of JCF is required before moneys for state
operations may be transferred from one appropriation account to another such
account.
This bill permits DOA, upon application of any state agency, to carry over
unencumbered moneys in the account for any sum certain appropriation to the
agency between successive fiscal years or biennia in order to permit the agency to
carry out an information technology development project. DOA may approve a
request if the agency demonstrates that the project has a high potential to improve
the efficiency of its operations and is consistent with its strategic plan for information
technology purposes, as approved by DOA.
Currently, in most cases, the approval of JCF is required before moneys in a
sum certain appropriation account may be carried over between successive fiscal
years within a fiscal biennium. Currently, JCF does not have the authority to carry
over moneys between fiscal biennia.
Currently, if the governor or the board of regents of the University of Wisconsin
(UW) System adjusts program revenue-funded positions or the secretary of
administration adjusts authorized expenditures from a program revenue account
during the fiscal year immediately preceding any new fiscal biennium, DOA may,
within 30 days after the effective date of the biennial budget act, provide a report to
JCF indicating any modifications to positions funded from program revenue or
funding levels for sum certain appropriations made from program revenue that are
necessary to continue into the current fiscal biennium any positions authorized by
the governor or board of regents or any funding adjusted by the secretary. If, within
14 working days after receiving the report, JCF does not schedule a meeting to
review the report, DOA may make the modifications indicated in the report.
This bill applies this procedure, in addition, to positions funded from general
purpose revenue and segregated revenue, other than federal revenue. The bill also
applies the procedure to actions of JCF that increase the number of positions or
supplement funding for a state agency during the fiscal year preceding the fiscal
biennium of the budget act.
Currently, when a gift, grant or bequest is made to a state agency, other than
to an agency that is authorized by law to accept it and to expend the proceeds for the
purpose of carrying out the programs of the agency, the gift, grant or bequest is not
valid until it is approved by JCF. Under this bill, the gift, grant or bequest is valid
upon submission of a report by DOA to JCF specifying the source, if known; the
amount; and the state agency to which it was directed.
This bill expressly directs DOA to provide interagency mail delivery service and
permits DOA to charge state agencies for this service. The bill appropriates to DOA
all moneys received from state agencies for providing this service. Currently, the
statutes make no mention of this function.
In addition, the bill appropriates to DOA all moneys received from state
agencies for the provision of printing services and related items for the purpose of
providing those services and items. Currently, DOA provides these services and
items under a sum certain appropriation.
Under current law, the building commission has an annual general purpose
revenue appropriation for asbestos removal and another for hazardous materials
removal. This bill requires that the general purpose revenue funds appropriated
under these appropriations be transferred to the state building trust fund.
Under current law, the general fund must repay a loan of $10,000,000 from the
local government property insurance fund in 5 annual instalments of $2,000,000
principal plus accrued interest, beginning on June 30, 1995. This bill repeals that
provision and requires the secretary of administration to repay from the general
fund, on the date on which this bill becomes law, the outstanding balance of the loan
without interest, fully discharging the obligation to repay the loan.
State building program
This bill permits DOA to submit a plan to the cochairpersons of JCF and the
building commission that provides for consolidating the responsibilities of state
agencies relating to capital planning and building construction functions in DOA, to
become effective no later than July 1, 1996. The plan may include provision for
transfer of full-time equivalent positions relating to capital planning or building
construction functions from any state agency to DOA but may not include provision
for transfer of any incumbents in positions being transferred. Upon submittal, DOA
may implement the plan.
Other state government
Transfer of safety and building regulation functions
Under current law, DILHR is responsible for administering and enforcing state
laws regulating employment and state laws regulating safety and buildings. DILHR
responsibility for state laws regulating safety and buildings includes state laws
relating to the following: building codes; fire safety codes; the safety of workplaces
and public buildings; the review and approval of certain building plans, plumbing
plans, private sewage system plans and swimming pool plans; the licensing of
plumbers and automatic fire sprinkler system fitters; the certification of certain
inspectors, including building, plumbing and electrical inspectors; energy efficiency
standards for rental units; cigarette smoking in certain buildings; petroleum storage
tank cleanup; and private sewage system regulation and rehabilitation. Effective
July 1, 1996, this bill transfers the responsibility for administering and enforcing
state laws regulating safety and buildings from DILHR to the department of
development (DOD), renamed the department of commerce by this bill.
Information technology
This bill creates a state information technology investment fund for the purpose
of awarding grants to state agencies for information technology development
projects. ("Information technology" means electronic processing, storage and
transmission of information using data processing and telecommunications.) Under
the bill, DOA may award a grant to a state agency from the fund if DOA determines
that a project will permit the effective utilization of information technology by the
agency and will be consistent with DOA's existing statutory responsibilities to
ensure adequate information technology for agencies and to implement a statewide
strategic plan for information technology purposes. DOA is directed to accord
priority to financing projects that will effect cost savings, avoid future cost increases
or enable improved provision of state services.
The fund consists of moneys derived from a contract administration fee that the
bill imposes on most state vendors, as well as moneys received from gifts, grants and
bequests and existing revenue sources of state agencies. Under the bill, DOA
prescribes the amount of the fee by rule. The fee may vary depending upon a vendor's
total annual sales volume with the state in the current or preceding fiscal year. The
secretary of administration may waive payment of the fee if the secretary determines
that a waiver will enhance competition between prospective vendors or that a waiver
is otherwise in the best interest of the state.
The bill permits DOA, with notice to JCF, to transfer moneys from most existing
appropriations made to state agencies in order to fund an information technology
development project in an amount not greater than the estimated total savings to the
state, as determined by the secretary of administration, that will accrue from
implementation of the project. In addition, the bill permits DOA to advance moneys
from the unappropriated balances of program revenue accounts or any segregated
fund to temporarily finance an information technology development project for a
program financed with program or segregated revenue if insufficient appropriated
program revenue or segregated revenue is available to pay for the project.
Finally, the bill appropriates money from the information technology
investment fund for the purpose of subsidizing the payment of interest on loans from
state trust funds obtained by school districts, technical college districts or consortia
consisting of 2 or more of them for the purpose of undertaking a distance education
project (employing 2-way interactive telecommunications technology designed to
provide access to education regardless of the location of a teacher or student). A
subsidy is available only to pay that portion of the interest cost on such a loan
generated by the first 2 points of the annual interest rate applicable to that loan. No
subsidized loan may be made for a term of more than 5 years.
The bill also creates a division of technology management in DOA, which
carries out information technology planning, coordination, development and
management functions of DOA, most of which are provided under existing law.
In connection with these functions, the bill transfers administration of the
judicial automated information systems from the director of state courts to DOA, to
be operated in conjunction with the director of state courts, public defender board
and district attorneys. The bill also transfers from the department of justice (DOJ)
to DOA the operational responsibility for the transaction information for the
management of enforcement system, which provides information to law enforcement
agencies concerning law enforcement. Under the bill, DOJ continues to administer
the system.
Currently, if a state agency wishes to change the number of authorized
full-time equivalent (FTE) positions of the agency funded from program revenue,
other than by law or through the budget process, the agency may request the
governor to change the number of authorized FTE positions of the agency. The
governor may approve the request, subject to the concurrence of JCF.
This bill permits the secretary of administration to transfer FTE positions from
state agencies to DOA, together with the incumbents in those positions, for the
purpose of providing information technology services to the agencies, without
approval of the governor or JCF. The bill requires the secretary to promptly report
to the cochairpersons of JCF the numbers and types of any positions transferred
under the bill, and the effective date of any position transfer.
The bill also expressly permits DOA to charge agencies for computer services
provided to them and appropriates all program revenue received by DOA from state
agencies, local governments and private sector entities for the provision of
information technology services, to be used for the purpose of providing those
services to those agencies, governments and entities.
In addition, the bill permits DOA to submit a plan to the cochairpersons of JCF
that provides for consolidating the functions of all state agencies relating to
information technology implementation, support and management in DOA, to
become effective no later than July 1, 1996. The plan may include provision for
transfer of full-time equivalent positions relating to information technology
implementation, support and management functions from any state agency to DOA,
but may not include provision for transfer of any incumbents in the positions being
transferred. Upon submittal, DOA may implement the plan.
Finally, the bill exempts all purchases by the division of technology
management from state procurement requirements that include, with certain
exceptions, requirements to make most purchases with public notice by bid or
competitive sealed proposal, to grant certain preferences to minority-owned
businesses and Wisconsin-based businesses and to purchase certain materials and
services from prison industries.
This bill requires the board of regents of the University of Wisconsin (UW)
System to purchase all computer services from the division of information technology
services in DOA unless the division grants written authorization to the board to
procure those services under general state procurement procedures, to procure those
services from another state agency or to provide those services to itself. Currently,
the board is authorized but not required to purchase computer services from the
division.
The bill also permits DOA to submit to the cochairpersons of JCF a plan that
provides for the transfer, no later than July 1, 1997, of any functions of the board of
regents relating to its information technology processing functions to DOA. The plan
may not include provision for transfer of any positions or incumbents. Upon
submittal, DOA may implement the plan.
Transfer of state document functions
This bill permits DOA to submit a plan to the cochairpersons of JCF that
provides for consolidating the responsibilities of state agencies in the executive
branch of government primarily related to their document production, reproduction
and distribution functions in DOA, to become fully effective no later than July 1,
1997. The plan may include provision for transfer of full-time equivalent positions
and incumbents in those positions from any state agency to DOA. If any incumbents
are transferred, their rights under civil service and collective bargaining laws are
protected. The plan may also include provision for transfer of any such
responsibilities from a state agency in the legislative or judicial branch of
government to DOA, if the agency requests such a transfer.
The bill also permits the secretary of administration to transfer an amount
equal to the savings to the state effected during the 1995-97 fiscal biennium as a
result of the centralization of state document production, reproduction or
distribution functions in DOA, as determined by the secretary, from any
appropriation account of a state agency, other than a sum sufficient appropriation
account, that is used to finance these functions to the information technology
investment fund, as created by the bill.
Transfer of communications functions
This bill transfers the transmission and engineering functions of the
educational communications board (ECB) to DOA. The bill also requires ECB and
DOA to enter into an affiliation agreement with the board of regents of the UW
System with respect to broadcasting station WHA and WHA-TV. The bill does not
transfer any programmatic responsibilities of ECB.
Public records and forms
Under current law, the public records and forms board, attached to DOA, is
responsible for preserving for permanent use important state records, providing an
orderly method for the disposition of other state records and making the
management of forms and records by state agencies more cost-effective. Currently,
the public records and forms board also reviews and approves or disapproves most
forms generated and used by a state agency in transactions between the agency and
the public and receives and investigates, with some exceptions, complaints about
forms. Under current law, the public records and forms board consists of the
governor, the director of the historical society, the attorney general, the state auditor,
a representative of the small business community appointed by the governor, a
representative of a newspaper published in this state appointed by the governor, a
representative of the permit information center appointed by the secretary of
development and the director of the legislative council staff.
This bill transfers the responsibilities with respect to forms from the public
records and forms board (renamed the "public records board" under this bill) to DOA,
except that the public records board maintains the responsibility for receiving and
investigating complaints about forms. The public records board also retains all of its
responsibilities with respect to records. Under the bill, the composition of the public
records board does not include a representative from a newspaper published in this
state or a representative of the permit information center; it includes a local
governmental official and one other member, both appointed by the governor.
Currently, public records not stored in hard copy format may be transferred to
microfilm or optical disk format only. This bill authorizes state government records
to be transferred to or maintained in optical disk or electronic format subject to rules
promulgated by DOA.
Transfer of national and community service board
Under current law, the national and community service board consists of 16
voting members who are appointed by the governor to represent various interests.
The board is attached to DOA but exercises policy-making functions independently
of DOA. The board utilizes federal moneys and moneys that it receives from gifts,
grants and bequests to provide assistance to persons who operate service programs
that address unmet human, educational, environmental or public safety needs. This
bill transfers this board to DILHR, effective on the day the bill becomes law. (Under
the bill, DILHR is renamed the department of industry, labor and job development
(DILJD) on July 1, 1996). Under the bill, the board is attached to DILHR in the same
way that it is currently attached to DOA.
Termination of certain state bodies
This bill requires that, no later than October 1, 1995, each council that is
created in the executive branch of state government and each board or commission
that is created in or attached to an office, department or independent agency in the
executive branch of state government submit to the secretary of administration, the
lieutenant governor and the cochairpersons of JCF a report describing its functions
and the justification, if any, for continuation of those functions. The bill then directs
the secretary and the lieutenant governor to evaluate the information contained in
the reports and to consider whether to recommend termination of the council,
commission or board. Under the bill, if the secretary or the lieutenant governor
determines that a council, commission or board should be terminated, the secretary
or the lieutenant governor, or if they both so determine the secretary and the
lieutenant governor jointly, must, no later than January 1, 1996, submit proposed
legislation to the cochairpersons of JCF providing for such termination effective on
July 1, 1996. The bill does not apply to any council, commission or board that is
created or terminated under any act of the 1995-96 legislature, regardless of the
effective date of that creation or termination.
Department of revenue fees
This bill establishes a registration fee set by DOR by rule for employers who are
required to withhold amounts from salaries and wages for the income tax.
Under current law, DOR issues sales tax exemption certificates and reseller's
certificates at no charge. Under this bill, DOR, by rule, may prescribe a fee for
obtaining those certificates.
Under current law, the fees for obtaining or renewing various permits, licenses
and certificates that DOR issues and the term for which they are valid are set by
statute. This bill allows DOR, by rule, to prescribe those fees and terms.
Land subdivision regulation
Under current law, a person may not divide a parcel of land into 5 or more lots
of 1 1/2 acres or less in area for the purpose of sale or building development (subdivide
the land) unless the person has the land surveyed and a plat of the land approved
and recorded. The person must also secure the approval of specified local and state
agencies. Under current law, the department of agriculture, trade and consumer
protection (DATCP) receives plats of proposed subdivisions, distributes copies to
other local and state agencies for their review and reviews the plats to determine
whether they comply with certain state requirements including those concerning
surveying, lot size, street width and format. Under current law, DILHR reviews
plats of subdivisions that will not be served by public sewage systems to determine
whether they comply with certain requirements.
This bill transfers the responsibilities of DATCP and DILHR relating to the
platting of subdivisions to the department of commerce (formerly, DOD) on July 1,
1996.
Termination of privacy council and advocate
Under current law, state and local authorities must develop rules of conduct for
employes who are involved in collecting, maintaining, using, providing access to,
sharing or archiving information with personally identifiable information
(information that can be associated with a particular individual in certain ways).
The authorities also must train employes in these matters and verify information
collected. There is a 9-member privacy council that appoints and advises a privacy
advocate and suggests legislation concerning personal privacy protection policies
relating to personally identifiable information. The privacy advocate advocates for
state and local government policies that protect personal privacy relating to
personally identifiable information collected or maintained by state or local
authorities. The advocate provides information to individuals and authorities and
assists individuals in exercising their rights in these matters. The advocate may
advocate on behalf of any individual before any authority on these matters; review
any authority's personally identifiable information policies; and gain access, under
certain conditions, to confidential information. This bill abolishes the privacy
council and eliminates the position of the privacy advocate.
Medicare supplemental insurance information transfer
Current law requires the board on aging and long-term care (BOALTC) to
provide to consumers information and counseling about insurance policies that are
available as a supplement to federal medicare insurance coverage, about long-term
care insurance and about eligibility requirements for medical assistance. This
information and counseling is funded by part of the revenue received from certain
fees and costs that the office of the commissioner of insurance (OCI) imposes on
insurers.
This bill transfers to OCI from BOALTC on January 1, 1996, the duty of
providing information and counseling on medicare supplemental insurance to
consumers. The bill eliminates the duty to provide information and counseling about
eligibility requirements for medical assistance.
Petroleum inspection
Under current law, DILHR collects the petroleum inspection fee. Under this
bill, effective on January 1, 1996, DOR collects that fee.
Under current law, with certain exceptions, DILHR must inspect petroleum
products received into this state before the products may be unloaded from their
original containers, sold, offered for sale or used. Currently, DILHR is not authorized
to perform other petroleum testing services. This bill authorizes DILHR to perform
inspections of petroleum products other than the testing that it currently performs,
and permits DILHR to establish fees for these petroleum testing services and to use
the fee revenues to pay for the cost of these services.
State office space consolidation
Currently, DOA is responsible, subject to the governor's approval, for the
leasing, acquisition, allocation and utilization of all real property by the state, except
as otherwise provided by law and, specifically, subject to a requirement that DOA
lease or acquire office space for the legislature and legislative service agencies at the
direction of the joint committee on legislative organization.
This bill directs DOA, with the governor's approval, to require physical
consolidation of office space utilized by any state agency having fewer than 50
full-time equivalent positions with office space utilized by another state agency,
whenever feasible. The requirement does not apply to the legislature or to legislative
service agencies.
Allocation of appropriation reductions
This bill requires the arts board, DATCP, the departments of health and social
services, justice and public instruction, and the UW System, to recommend to the
governor and JCF how budgetary efficiency measures to produce specified savings
in the 1996 and 1997 fiscal years shall be allocated among their departmental
general purpose revenue appropriations. The appropriations of each agency are
reduced by the specified savings amounts in this bill.
Method of removal of state officers
This bill provides that the method of removal of any state officer is the method
that governs the method of appointment for the office that the officer holds under
current law, rather than the method that governs the manner of appointment for the
officer under the law at the time that he or she was appointed.
State procurement
Currently, with several exceptions, state agencies must publicly advertise
proposed purchases and must purchase materials, supplies, equipment or services
by means of bidding or competitive sealed proposals from the person submitting the
lowest responsible bid or competitive sealed proposal. If the estimated cost of a
purchase exceeds $10,000, DOA or any agency to which it delegates purchasing
authority must publish 2 advertisements soliciting bids or proposals. Except when
printing or stationery is procured, if the estimated cost of a purchase is $10,000 or
less, DOA or the agency making the purchase may award an order or contract in
accordance with "simplified procedures" established by DOA. Except when printing
or stationery is procured, the secretary of administration may, with the approval of
the governor, in connection with any purchase, waive requirements for solicitation
of bids or proposals, as well as certain other requirements, including requirements
to make purchases on the basis of life-cycle costs, requirements to purchase
commodities and certain other goods or services from state institutions and
requirements to attempt to ensure that certain purchases are made from
minority-owned businesses. However, if the estimated cost of such a purchase
exceeds $10,000, DOA or the agency making the purchase must publish notice of its
intent to make a purchase without soliciting bids or proposals.
The secretary of administration may waive these requirements for purchases
of supplies, materials, equipment or contractual services, other than printing or
stationery, if the secretary determines that it is in the best interest of the state to do
so, in order to permit a purchase to be made from another state, from a county, city,
village, town or other governmental body in this state from a regional or national
consortium composed of nonprofit institutions that support governmental or
educational services.
This bill permits the secretary to waive these requirements, or delegate to a
state agency the authority to do so, in order to permit a purchase to be made through
a contract established by one of these governmental entities or consortia with one or
more 3rd parties.
The bill also increases the threshold for application of all of these laws from
$10,000 to $25,000.
Sovereign immunity
Under a portion of the common law, which pursuant to the state constitution
is in effect in this state unless modified by the constitution or by act of the legislature,
the state has "sovereign immunity". In other words, it is generally not possible to sue
the state in state court unless a statute or constitutional provision authorizes the suit
to be brought. The state constitution (article IV, section 27) directs the legislature
to provide by law the manner in which suits may be brought against the state. There
are a number of judicial interpretations which define the boundaries of the sovereign
immunity doctrine.
In Bahr v. Investment Board, 186 Wis. 2d 379 (Ct. App. 1984), the state court
of appeals held that the state investment board could be sued, notwithstanding
sovereign immunity, in part because the statutes provide that it is a "body corporate
with power to sue and be sued" and because it is an "independent agency of the state"
and its operations are not funded with general purpose revenue.
This bill creates a statute that reasserts the state's right not to be sued unless
suit is expressly authorized to be brought by law or by the constitution. The bill
further provides that no powers, functions or source of funding provided by law to any
instrumentality of this state that is engaged in a governmental function constitute
a waiver of the state's sovereign immunity to suit. The bill also deletes statutory
provisions that provide that certain state agencies may "sue and be sued" and that
certain state agencies are a "body corporate" or a "body corporate and politic". Under
judicial interpretations, when suits are otherwise permitted to be brought, an agency
may be sued notwithstanding the absence of this language. The bill further deletes
the provision stating that the investment board is an "independent agency of the
state".
In addition, the bill clarifies, in accordance with judicial interpretations, that
if the legislature refuses to allow a claim against the state, suit may be brought only
if suit is authorized to be brought (i.e., sovereign immunity does not apply).
