4. If a contract is terminated under sub. (6) (a) 5., refund to the person who entered into the contract the amount under subd. 2. or under subd. 3., as determined by the department state treasurer.
5. If the beneficiary is awarded a scholarship, tuition waiver or similar subsidy that cannot be converted into cash by the beneficiary, refund to the person who entered into the contract, upon the person's request, an amount equal to the value of the tuition units that are not needed because of the scholarship, waiver or similar subsidy and that would otherwise have been paid by the department state treasurer on behalf of the beneficiary during the semester in which the beneficiary is enrolled.
(b) Except as provided under par. (a) 3., the department The state treasurer shall determine the method and schedule for the payment of refunds under this subsection.
****NOTE: This is reconciled s. 16.24 (7) (a) 3. and (b). These sections have been affected by LRB-1806 and LRB-0346.
SECTION 59. 16.24 (7m) of the statutes is renumbered 14.63 (7m), and 14.63 (7m) (a) (intro.), (b) and (c), as renumbered, are amended to read:
14.63 (7m) (a) (intro.) The department state treasurer may adjust the value of a tuition unit based on the actual earnings attributable to the tuition unit less the costs of administering the program under this section that are attributable to the tuition unit if any of the following applies:
(b) The department state treasurer may not increase the value of a tuition unit under par. (a) to an amount that exceeds the value of a tuition unit that was purchased at a similar time, held for a similar period and used or refunded in the anticipated academic year of the beneficiary's attendance, as specified in the contract.
(c) The department state treasurer may promulgate rules imposing or increasing penalties for refunds under sub. (7) (a) if the department state treasurer determines that such rules are necessary to maintain the status of the program under this section as a qualified state tuition program under section 529 of the Internal Revenue Code, as defined in s. 71.01 (6).
SECTION 60. 16.24 (8) of the statutes is renumbered 14.63 (8) and amended to read:
14.63 (8) EXEMPTION FROM GARNISHMENT, ATTACHMENT AND EXECUTION. Moneys deposited in the tuition trust fund and a beneficiary's right to the payment of tuition and mandatory student fees under this section are not subject to garnishment, attachment, execution or any other process of law.
SECTION 61. 16.24 (9) to (11) of the statutes are renumbered 14.63 (9) to (11), and 14.63 (9), (10), (10m) and (11) (b), as renumbered, are amended to read:
14.63 (9) CONTRACT WITH ACTUARY. The department state treasurer shall contract with an actuary or actuarial firm to evaluate annually whether the assets in the tuition trust fund are sufficient to meet the obligations of the department state treasurer under this section and to advise the department state treasurer on setting the price of a tuition unit under sub. (2) (b).
(10) REPORTS. (a) Annually, the department state treasurer shall submit a report to the governor, and to the appropriate standing committees of the legislature under s. 13.172 (3), on the program under this section. The report shall include any recommendations for changes to the program that the department state treasurer determines are necessary to ensure the sufficiency of the tuition trust fund to meet the department's state treasurer's obligations under this section.
(b) The department state treasurer shall submit a quarterly report to the state investment board projecting the future cash flow needs of the tuition trust fund. The state investment board shall invest moneys held in the tuition trust fund in investments with maturities and liquidity that are appropriate for the needs of the fund as reported by the department state treasurer in its his or her quarterly reports. All income derived from such investments shall be credited to the fund.
(10m) REPAYMENT TO GENERAL FUND. The secretary of administration shall transfer from the tuition trust fund to the general fund an amount equal to the amount encumbered from the appropriation under s. 20.505 (9) 20.585 (2) (a) when the secretary of administration determines that funds in the tuition trust fund are sufficient to make the transfer. The secretary of administration may make the transfer in instalments.
(11) (b) The requirements to pay tuition and mandatory student fees under sub. (5) and to make refunds under sub. (7) are subject to the availability of sufficient assets in the tuition trust fund.
SECTION 62. 16.24 (12) and (13) of the statutes are renumbered 14.63 (12) and (13), and 14.63 (12) (title), (a) (intro.) and (b) (intro.) and (13), as renumbered, are amended to read:
14.63 (12) (title) ADDITIONAL DEPARTMENT DUTIES AND POWERS OF THE STATE TREASURER.
(a) (intro.) The department state treasurer shall do all of the following:
(b) (intro.) The department state treasurer may do any of the following:
(13) PROGRAM TERMINATION. If the department state treasurer determines that the program under this section is financially infeasible, the department state treasurer shall discontinue entering into tuition prepayment contracts under sub. (3) and discontinue selling tuition units under sub. (4).
SECTION 63. 16.25 of the statutes is created to read:
16.25 Emergency weather warning system. If the secretary determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board and the board of regents of the University of Wisconsin System to the corporation described under s. 39.81, on and after the effective date of the last license transferred .... [revisor inserts date], the department shall operate an emergency weather warning system.
SECTION 64. 16.339 (2) (a) of the statutes is amended to read:
16.339 (2) (a) From the appropriation under s. 20.505 (7) (dm), the department may award a grant that does not exceed $50,000 to an eligible applicant for the purpose of providing transitional housing and associated supportive services to homeless individuals and families if the conditions under par. (b) are satisfied.
SECTION 65. 16.385 (7) of the statutes is amended to read:
16.385 (7) INDIVIDUALS IN STATE PRISONS OR SECURED JUVENILE FACILITIES. No payment under sub. (6) may be made to a prisoner who is imprisoned in a state prison under s. 302.01 or to a person placed at a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p).
SECTION 66. 16.417 (2) (f) of the statutes is renumbered 16.417 (2) (f) (intro.) and amended to read:
16.417 (2) (f) (intro.) This subsection does not apply to an any of the following:
1. An individual other than an elective state official who has a full-time appointment for less than 12 months, during any period of time that is not included in the appointment.
SECTION 67. 16.417 (2) (f) 2. of the statutes is created to read:
16.417 (2) (f) 2. An individual who is a member of the faculty, as defined in s. 36.05 (8), or academic staff, as defined in s. 36.05 (1), other than an elective state official, who has a full-time appointment at an institution within the University of Wisconsin System and who holds any other position or is retained in any other capacity by a different institution within the University of Wisconsin System.
SECTION 68. 16.42 (1) (intro.) of the statutes is amended to read:
16.42 (1) (intro.) All agencies, other than the legislature and the courts, no later than September 15 of each even-numbered year, before each budget period no later than the date and in the form and content prescribed by the department, shall prepare and forward to the department and to the legislative fiscal bureau the following program and financial information:
SECTION 69. 16.50 (5m) of the statutes is amended to read:
16.50 (5m) UNIVERSITY INDIRECT COST REIMBURSEMENTS. Subsections (2) to (5) do not apply to expenditures authorized under s. 20.285 (2) (i) 2..
SECTION 70. 16.501 (title) of the statutes is amended to read:
16.501 (title) Forward Wisconsin, Inc.; funds; report.
SECTION 71. 16.501 (3) of the statutes is created to read:
16.501 (3) On or before September 1, 2000, and every September 1 thereafter, Forward Wisconsin, Inc., shall submit to the appropriate standing committees under s. 13.172 (3) a report stating the net jobs gain due to the funds provided to Forward Wisconsin, Inc., under s. 20.143 (1) (bm).
SECTION 72. 16.505 (1) (intro.) of the statutes is amended to read:
16.505 (1) (intro.) Except as provided in subs. (2), (2m) and, (2n) and (4), 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:
SECTION 73. 16.505 (4) (b) of the statutes is amended to read:
16.505 (4) (b) Except as provided in par. pars. (c) and (d), no agency may change the funding source for a position authorized under this section unless the position is authorized to be created under a different funding source in accordance with this section.
SECTION 74. 16.505 (4) (b) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:
16.505 (4) (b) Except as provided in pars. par. (c) and (d), no agency may change the funding source for a position authorized under this section unless the position is authorized to be created under a different funding source in accordance with this section.
SECTION 75. 16.505 (4) (d) of the statutes is created to read:
16.505 (4) (d) During the period beginning on the effective date of this paragraph .... [revisor inserts date], and ending on June 30, 2001, or on the date of publication of the 2001-03 biennial budget act, whichever is later, the department may change the funding source for any position that is funded in whole or in part from program revenues or program revenues-service under any paragraph specified in s. 20.505 (1), (2), (5), (7) or (8) to any other paragraph specified in s. 20.505 (1), (2), (5), (7) or (8) that is funded from program revenues or program revenues-service. Any change in the funding source for a position made under this paragraph remains in effect after the period specified in this paragraph unless changed in accordance with this section. No later than the last day of the month following the completion of each calendar quarter, the secretary of administration shall report to the cochairpersons of the joint committee on finance concerning any positions for which the funding source has been changed under this paragraph during the preceding calendar quarter. The report shall include, for each position, the position type and the previous and current paragraph from which the position is funded.
SECTION 76. 16.52 (6) (a) of the statutes is amended to read:
16.52 (6) (a) Except as authorized in s. ss. 16.74 and 16.745, 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 a purchasing 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 Whenever such approval is required, the secretary, upon granting approval, shall immediately encumber all contracts or orders, and indicate the fiscal year to which they are chargeable.
SECTION 77. 16.528 (3) (f) of the statutes is created to read:
16.528 (3) (f) The failure to pay timely due to an occurrence to which s. 893.83 applies.
SECTION 78. 16.54 (2) (a) 2. of the statutes is amended to read:
16.54 (2) (a) 2. Whenever a block grant is made to this state under any federal law enacted after August 31, 1995, which authorizes the distribution of block grants for the purposes for which the grant is made, the governor shall not administer and no board, commission or department may encumber or expend moneys received as a part of the grant unless the governor first notifies the cochairpersons of the joint committee on finance, in writing, that the grant has been made. The notice shall contain a description of the purposes proposed by the governor for expenditure of the moneys received as a part of the grant. If the cochairpersons of the committee do not notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed expenditure of grant moneys within 14 working days after the date of the governor's notification, the moneys may be expended as proposed by the governor. If, within 14 working days after the date of the governor's notification, the cochairpersons of the committee notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed expenditure of grant moneys, no moneys received as a part of the grant may be expended without the approval of the committee. This subdivision does not apply to the expenditure of block grant funds that are allocated under s. 49.175.
SECTION 79. 16.54 (12) of the statutes is created to read:
16.54 (12) (a) The department of health and family services may not expend or encumber any moneys received under s. 20.435 (8) (mm) unless the department of health and family services submits a plan for the expenditure of the moneys to the department of administration and the department of administration approves the plan.
(b) The department of workforce development may not expend or encumber any moneys received under s. 20.445 (3) (mm) unless the department of workforce development submits a plan for the expenditure of the moneys to the department of administration and the department of administration approves the plan.
(c) The department of administration may approve any plan submitted under par. (a) or (b) in whole or in part. If the department approves any such plan in whole or part, the department shall notify the cochairpersons of the joint committee on finance, in writing, of the department's action under this paragraph.
(d) At the end of each fiscal year, the department of administration shall determine the amount of moneys that remain in the appropriation accounts under ss. 20.435 (8) (mm) and 20.445 (3) (mm) that have not been approved for encumbrance or expenditure by the department pursuant to a plan submitted under par. (a) or (b) and shall require that such moneys be lapsed to the general fund. The department shall notify the cochairpersons of the joint committee on finance, in writing, of the department's action under this paragraph.
SECTION 80. 16.62 (2) of the statutes is amended to read:
16.62 (2) The department may establish user charges for records storage and retrieval services, with any moneys collected to be credited to the appropriation account under s. 20.505 (1) (im) or (kd) (ka). Such charges shall be structured to encourage efficient utilization of the services.
SECTION 81. 16.62 (3) of the statutes is amended to read:
16.62 (3) The department may establish user fees for the services of the public records board. Any moneys collected shall be credited to the appropriation account under s. 20.505 (1) (kd) (ka).
SECTION 82. 16.71 (1) of the statutes is amended to read:
16.71 (1) Except as otherwise required under this section or as authorized in s. ss. 16.74 and 16.745, the department shall purchase and may delegate to special designated agents the authority to purchase all necessary materials, supplies, equipment, all other permanent personal property and miscellaneous capital, and contractual services and all other expense of a consumable nature for all agencies. In making any delegation, the department shall require the agent to adhere to all requirements imposed upon the department in making purchases under this subchapter. All materials, services and other things and expense furnished to any agency and interest paid under s. 16.528 shall be charged to the proper appropriation of the agency to which furnished.
SECTION 83. 16.72 (4) (a) of the statutes is amended to read:
16.72 (4) (a) Except as provided in s. ss. 16.74 and 16.745 or as otherwise provided in this subchapter and the rules promulgated under s. 16.74 and this subchapter, all supplies, materials, equipment and contractual services shall be purchased for and furnished to any agency only upon requisition to the department. The department shall prescribe the form, contents, number and disposition of requisitions and shall promulgate rules as to time and manner of submitting such requisitions for processing. No agency or officer may engage any person to perform contractual services without the specific prior approval of the department for each such engagement. Purchases of supplies, materials, equipment or contractual services by the investment board or by the legislature, the courts or legislative service or judicial branch agencies do not require approval under this paragraph.
SECTION 84. 16.72 (6) and (7) of the statutes are repealed.
SECTION 85. 16.745 of the statutes is created to read:
16.745 Investment board purchasing. (1) The investment board may place requisitions and enter into contracts for the purchase of any materials, supplies, equipment or services required by the board. The investment board shall maintain copies of all purchasing requisitions and contracts, and shall permit inspection and copying of the requisitions and contracts under subch. II of ch. 19. No such requisition or contract need be filed with the department.
(2) The investment board shall file all bills and statements for purchases and engagements made by the board with the secretary, who shall audit and authorize payment of all lawful bills and statements. No bill or statement for any purchase or engagement for the investment board may be paid until the bill or statement is approved by the board.
(3) The department, upon request, shall make recommendations and furnish assistance to the investment board regarding purchasing procedure. The department, upon request, shall process requisitions for purchases submitted by the investment board and shall procure materials, supplies, equipment, property and services for the board in accordance with the purchasing procedure prescribed for executive branch agencies under this subchapter.
(4) All stationery and printing purchased by the investment board shall be procured from the lowest responsible bidder.
SECTION 86. 16.75 (1) (a) 2. of the statutes is amended to read:
16.75 (1) (a) 2. If a vendor is not a Wisconsin producer, distributor, supplier or retailer and the department determines that the state, foreign nation or subdivision thereof in which the vendor is domiciled grants a preference to vendors domiciled in that state, nation or subdivision in making governmental purchases, the department and any agency making purchases under s. 16.74 or 16.745 shall give a preference over that vendor to Wisconsin producers, distributors, suppliers and retailers, if any, when awarding the order or contract. The department may enter into agreements with states, foreign nations and subdivisions thereof for the purpose of implementing this subdivision.
SECTION 87. 16.75 (3m) (b) of the statutes is amended to read:
16.75 (3m) (b) The department and any agency making purchases under s. 16.74 or 16.745 shall attempt to ensure that 5% of the total amount expended under this subchapter in each fiscal year is paid to minority businesses. Except as provided under sub. (7), the department may purchase materials, supplies, equipment and contractual services from any minority business submitting a qualified responsible competitive bid that is no more than 5% higher than the apparent low bid or competitive proposal that is no more than 5% higher than the most advantageous offer. In administering the preference for minority businesses established in this paragraph, the department and any agency making purchases under s. 16.74 or 16.745 shall maximize the use of minority businesses which are incorporated under ch. 180 or which have their principal place of business in this state.
SECTION 88. 16.75 (8) (a) 1. of the statutes is amended to read:
16.75 (8) (a) 1. The department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74 or 16.745 and each authority other than the University of Wisconsin Hospitals and Clinics Authority shall, to the extent practicable, make purchasing selections using specifications developed under s. 16.72 (2) (e) to maximize the purchase of materials utilizing recycled materials and recovered materials.
SECTION 89. 16.75 (9) of the statutes is amended to read:
16.75 (9) The department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74 or 16.745 and any authority other than the University of Wisconsin Hospitals and Clinics Authority shall, to the extent practicable, make purchasing selections using specifications prepared under s. 16.72 (2) (f).
SECTION 90. 16.752 (12) (a) of the statutes is amended to read:
16.752 (12) (a) Except as provided in pars. (c), (d), (h) and, (i) and (j) and as authorized under sub. (13), agencies shall obtain materials, supplies, equipment and services on the list maintained by the board under sub. (2) (g).
SECTION 91. 16.752 (12) (j) of the statutes is created to read:
16.752 (12) (j) The secretary may, upon request of an agency, waive compliance with par. (a) with respect to any purchase to be made by or for that agency if the secretary determines that compliance with par. (a) would contravene competitive requirements under federal law or regulations applicable to that purchase.
SECTION 92. 16.76 (1) of the statutes is amended to read:
16.76 (1) All contracts for materials, supplies, equipment or contractual services to be provided to any agency shall run to the state of Wisconsin. Such contracts shall be signed by the secretary or an individual authorized by the secretary, except that contracts entered into by the investment board shall be signed by an individual authorized by the board and contracts entered into directly by the legislature, the courts or a legislative service or judicial branch agency shall be signed by an individual authorized under s. 16.74 (2) (b).
SECTION 93. 16.76 (4) (a) of the statutes is amended to read:
16.76 (4) (a) In this subsection, "master lease" means an agreement entered into by the department on behalf of one or more agencies for the lease of goods or the provision of to obtain property or services under which the department makes or agrees to make periodic payments.
(ag) The department may act on behalf of one or more agencies or municipalities. The department may pay or agree to pay to the lessor under a master lease a sum substantially equivalent to or in excess of the aggregate value of goods involved property or services obtained and it may be agreed that the department or one or more agencies or municipalities will become, or for no other or nominal consideration has the option to become, the owner of goods leased or to be leased property obtained or to be obtained under a master lease upon full compliance with the its terms of the agreement.
