AB144: Bill Text

AB144, s. 223 Section 223. 16.352 (2) (a) of the statutes is amended to read:

AB144,212,17 16.352 (2) (a) From the appropriations under s. 20.505 (7) (fm) and (gm) (h), the department shall award grants to eligible applicants for the purpose of supplementing the operating budgets of agencies and shelter facilities that have or anticipate a need for additional funding because of the renovation or expansion of an existing shelter facility, the development of an existing building into a shelter facility, the expansion of shelter services for homeless persons, or an inability to obtain adequate funding to continue the provision of an existing level of services.

AB144, s. 224 Section 224. 16.352 (2) (b) (intro.) of the statutes is amended to read:

AB144,212,21 16.352 (2) (b) (intro.) The department shall allocate funds from the appropriations under s. 20.505 (7) (fm) and (gm) (h) for temporary shelter for homeless individuals and families as follows:

AB144, s. 225 Section 225. 16.385 (3) (e) 1. of the statutes is amended to read:

AB144,213,3 16.385 (3) (e) 1. Allocate and transfer to the appropriation under s. 20.505 (7) (km) (kg), 15% of the moneys received under 42 USC 8621 to 8629 in each federal fiscal year under the priority of maintaining funding for the geographical areas on July 20, 1985, and, if funding is reduced, prorating contracted levels of payment, for the weatherization assistance program administered by the department under s. 16.39.

AB144, s. 226 Section 226. 16.40 (14) of the statutes is amended to read:

AB144,214,2 16.40 (14) Committees. Perform administrative services required to properly account for the finances of committees created by law or executive order. The governor may authorize each committee to make expenditures from the appropriation under s. 20.505 (3) (a) (4) (ba) not exceeding $2,000 per fiscal year. The governor shall report such authorized expenditures to the joint committee on finance at the next quarterly meeting of the committee. If the governor desires to authorize expenditures of more than $2,000 per fiscal year by a committee, the governor shall submit to the joint committee on finance for its approval a complete budget for all expenditures made or to be made by the committee. The budget may cover a period encompassing more than one fiscal year or biennium during the governor's term of office. If the joint committee on finance approves a budget authorizing expenditures of more than $2,000 per fiscal year by such a committee, the governor may authorize the expenditures to be made within the limits of the appropriation under s. 20.505 (3) (a) (4) (ba) in accordance with the approved budget during the period covered by the budget. If after the joint committee on finance approves a budget for such a committee the governor desires to authorize expenditures in excess of the authorized expenditures under the approved budget, the governor shall submit a modified budget for the committee to the joint committee on finance. If the joint committee on finance approves a modified budget, the governor may authorize additional expenditures to be made within the limits of the appropriation under s. 20.505 (3) (a) (4) (ba) in accordance with the modified budget during the period covered by the modified budget.

AB144, s. 227 Section 227. 16.40 (17) of the statutes is amended to read:

AB144,214,7 16.40 (17) Interstate bodies. Perform administrative services required to properly account for dues and related expenses for state participation in national or regional interstate governmental bodies specified in s. 20.505 (3) (a) (4) (ba) or determined by the governor.

AB144, s. 228 Section 228. 16.41 (4) of the statutes is amended to read:

AB144,214,10 16.41 (4) In this section, "authority" means a body created under ch. 231, 233 or, 234, or 237.

AB144, s. 229 Section 229. 16.417 of the statutes is repealed.

AB144, s. 230 Section 230. 16.43 of the statutes is amended to read:

AB144,214,21 16.43 Budget compiled. The secretary shall compile and submit to the governor or the governor-elect and to each person elected to serve in the legislature during the next biennium, not later than November 20 of each even-numbered year, a compilation giving all of the data required by s. 16.46 to be included in the state budget report, except the recommendations of the governor and the explanation thereof. The secretary shall not include in the compilation any provision for the development or implementation of an information technology development project for an executive branch agency that is not consistent with the strategic plan of the agency, as approved under s. 22.13.

AB144, s. 231 Section 231. 16.46 (5m) of the statutes is created to read:

AB144,215,2 16.46 (5m) A statement of estimated general purpose revenue receipts and expenditures in the biennium following the succeeding biennium based on recommendations in the budget bill or bills. The statement shall contain all of the following:

AB144,215,3 (a) For the 2nd year of the succeeding biennium, a comparison of the following:

AB144,215,8 1. The amount of moneys projected to be deposited in the general fund during the fiscal year that are designated as "Revenues and Transfers" in the summary in s. 20.005 (1), as published in the biennial budget bill or bills, less the amount designated as the "Opening Balance" in the summary, and adjusted by any one-time deposit of revenues in the general fund.

AB144,215,11 2. The amount of moneys designated as "Total Expenditures" in the summary in s. 20.005 (1), as published in the biennial budget bill or bills, adjusted by any one-time expenditure of general purpose revenue in excess of $5,000,000.

AB144,215,15 (b) An estimate of the cost of any provision in the biennial budget bill or bills that would, without the enactment of subsequent legislation, increase general purpose revenue expenditures or that would decrease the amount of revenues deposited in the general fund in the biennium following the succeeding biennium.

AB144,215,18 (c) 1. An estimate of the increase in general purpose revenue spending that will be required in the biennium following the succeeding biennium for all of the following:

AB144,215,19 a. General equalization school aids.

AB144,215,20 b. Appropriations to the department of corrections.

AB144,215,21 c. The medical assistance program under subch. IV of ch. 49.

AB144,215,24 d. The amount designated as "Compensation Reserves" in the summary under s. 20.005 (1), as printed in the revised schedule that is approved under s. 20.004 (2) for that fiscal biennium.

AB144,215,25 e. Public debt contracted under subchs. I and IV of ch. 18.

AB144,216,6 2. For the purpose of making the calculation under subd. 1., the secretary shall assume that the increase in general purpose revenue spending between the succeeding biennium and the biennium following the succeeding biennium for each of the items identified in subd. 1. a. to 1. e. is the same as that between the current biennium and the succeeding biennium for these items, as proposed in the biennial budget bill or bills.

AB144,216,11 (d) An estimate of the difference between the amount of tax revenues that will be deposited in the general fund in the biennium following the succeeding biennium and the amount of tax revenues that are deposited in the general fund in the succeeding biennium. For the purpose of making this calculation, the secretary shall:

AB144,216,14 1. Assume that the amount of tax revenues that are deposited in the general fund in the succeeding biennium is the amount designated as "Taxes" in the summary in s. 20.005 (1), as published in the biennial budget bill or bills.

AB144,216,17 2. Assume that the annual increase in tax revenues that are deposited in the general fund in each fiscal year of the biennium following the succeeding biennium is the average of the annual increase for each of the 10 preceding fiscal years.

AB144,216,21 3. Adjust the estimate of the amount of tax revenues that are deposited in the general fund in the biennium following the succeeding biennium by any provision in the biennial budget bill or bills that would affect the amount of tax revenues that are deposited in the general fund in the biennium.

AB144,216,22 (e) 1. A comparison of the following:

AB144,216,25 a. The amount of moneys that are designated as "Revenues and Transfers" in the summary in s. 20.005 (1), as published in the biennial budget bill or bills, and that are available for appropriation in the 2nd year of the succeeding biennium.

AB144,217,5 b. An amount that equals the sum of the amount of moneys designated as "Total Expenditures" in the summary in s. 20.005 (1), as published in the biennial budget bill or bills, for the 2nd year of the succeeding biennium and the amount required to fund the increase in general purpose revenue spending in the biennium following the succeeding biennium for each of the items identified in par. (c) 1. a. to 1. e.

AB144,217,8 2. The secretary shall present this comparison in the format used for the statement of the condition of the general fund in the statement prepared under s. 20.005 (1).

AB144,217,11 (f) A summary of the amount of additional general purpose revenues that will be available in the biennium following the succeeding biennium for increased expenditures or tax reductions, other than the amount calculated in par. (d).

AB144, s. 232 Section 232. 16.46 (9) of the statutes is created to read:

AB144,217,20 16.46 (9) A comparison of the state's budgetary surplus or deficit according to generally accepted accounting principles, as reported in any audited financial report prepared by the department for the most recent fiscal year, and the estimated change in the surplus or deficit based on recommendations in the biennial budget bill or bills. For the purpose of this calculation, the secretary shall increase or decrease the surplus or deficit by the amount designated as "Gross Balances" that appears in the 2nd year of the biennium in the summary in s. 20.005 (1), as published in the biennial budget bill or bills.

AB144, s. 233 Section 233. 16.46 (10) of the statutes is created to read:

AB144,217,22 16.46 (10) The determination of the department under s. 13.40 (4).

AB144, s. 234 Section 234. 16.50 (1) (b) of the statutes is amended to read:

AB144,217,25 16.50 (1) (b) This subsection does not apply to appropriations under ss. 20.255 (2) (ac) and (q), 20.835, and 20.865 (4).

AB144, s. 235 Section 235. 16.50 (3) of the statutes is amended to read:

AB144,219,10 16.50 (3) Limitation on increase of force and salaries. No department, except the legislature or the courts, may increase the pay of any employee, expend money or incur any obligation except in accordance with the estimate that is submitted to the secretary as provided in sub. (1) and approved by the secretary or the governor. No change in the number of full-time equivalent positions authorized through the biennial budget process or other legislative act may be made without the approval of the joint committee on finance, except for position changes made by the governor under s. 16.505 (1) (c) or (2), by the chief information officer under s. 16.505 (2e), by the University of Wisconsin Hospitals and Clinics Board under s. 16.505 (2n) or by the board of regents of the University of Wisconsin System under s. 16.505 (2m) or (2p). The secretary may withhold, in total or in part, the funding for any position, as defined in s. 230.03 (11), as well as the funding for part-time or limited term employees until such time as the secretary determines that the filling of the position or the expending of funds is consistent with s. 16.505 and with the intent of the legislature as established by law or in budget determinations, or the intent of the joint committee on finance in creating or abolishing positions under s. 13.10, the intent of the governor in creating or abolishing positions under s. 16.505 (1) (c) or (2), the intent of the chief information officer in transferring positions under s. 16.505 (2e), or the intent of the board of regents of the University of Wisconsin System in creating or abolishing positions under s. 16.505 (2m) or (2p). Until the release of funding occurs, recruitment or certification for the position may not be undertaken. The secretary shall submit a quarterly report to the joint committee on finance of any position changes made by the governor under s. 16.505 (1) (c) or by the chief information officer under s. 16.505 (2e). No pay increase may be approved unless it is at the rate or within the pay ranges prescribed in the compensation plan or as provided in a collective bargaining agreement under subch. V of ch. 111. At the request of the secretary of employment relations, the secretary of administration may authorize the temporary creation of pool or surplus positions under any source of funds if the secretary of employment relations determines that temporary positions are necessary to maintain adequate staffing levels for high turnover classifications, in anticipation of attrition, to fill positions for which recruitment is difficult. Surplus or pool positions authorized by the secretary shall be reported quarterly to the joint committee on finance in conjunction with the report required under s. 16.54 (8).

AB144, s. 236 Section 236. 16.50 (7) (b) of the statutes is amended to read:

AB144,219,19 16.50 (7) (b) Following such notification, the governor shall submit a bill containing his or her recommendations for correcting the imbalance between projected revenues and authorized expenditures, including a recommendation as to whether moneys should be transferred from the budget stabilization fund to the general fund. If the legislature is not in a floorperiod at the time of the secretary's notification, the governor shall call a special session of the legislature to take up the matter of the projected revenue shortfall and the governor shall submit his or her bill for consideration at that session.

AB144, s. 237 Section 237. 16.501 (1) of the statutes is amended to read:

AB144,220,2 16.501 (1) No funds appropriated under s. 20.143 (1) (bm) or (kn) may be expended until the department of commerce submits to the secretary a report setting forth the amount of private contributions received by Forward Wisconsin, Inc., since the date the department of commerce last submitted a report under this subsection. After receiving the report, the secretary may approve the expenditure of funds up to the amount set forth in the report. Total funds expended in any fiscal year may not exceed the amounts in the schedule under s. 20.143 (1) (bm) and (kn).

AB144, s. 238 Section 238. 16.501 (2) of the statutes is amended to read:

AB144,220,10 16.501 (2) Forward Wisconsin, Inc., shall expend funds appropriated under s. 20.143 (1) (bm) and (kn) in adherence with the uniform travel schedule amounts approved under s. 20.916 (8). Forward Wisconsin, Inc., may not expend funds appropriated under s. 20.143 (1) (bm) or (kn) on entertainment, foreign travel, payments to persons not providing goods or services to Forward Wisconsin, Inc., or for any other purposes prohibited by contract between Forward Wisconsin, Inc., and the department.

AB144, s. 239 Section 239. 16.505 (1) (intro.) of the statutes is amended to read:

AB144,220,14 16.505 (1) (intro.) Except as provided in subs. (2), (2e), (2m) and, (2n), and (2p), 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:

AB144, s. 240 Section 240. 16.505 (2e) of the statutes is created to read:

AB144,220,17 16.505 (2e) (a) In this subsection, "executive branch agency" has the meaning given in s. 16.70 (4).

AB144,221,13 (b) 1. In addition to the procedure under sub. (2), the chief information officer may, unless otherwise required by state or federal law or unless otherwise required by the federal government as a condition to receipt of aids by this state, transfer any whole or fractional number of authorized full-time equivalent positions having responsibilities related to information technology or telecommunications functions from any executive branch agency to the department of electronic government or another executive branch agency, or may transfer the funding source for any such positions within the appropriations made to an executive branch agency, for the purpose of carrying out the authorized functions of the department of electronic government. The chief information officer may also change the funding source, in whole or in part, for any position transferred to the department of electronic government or another executive branch agency under this paragraph. The chief information officer may also rescind any previous action under this subdivision. If the funding source for any position is changed under this subdivision and the transfer or change in funding sources is rescinded, the funding source for that position reverts to the original funding source. The number of authorized full-time equivalent positions for the department of electronic government or any other executive branch agency from which or to which positions are transferred under this subdivision and the allocation of full-time equivalent positions to the department of electronic government and other executive branch agencies among funding sources is adjusted to reflect the transfer on the date on which the transfer is made.

AB144,221,23 2. On the effective date of any transfer of employees between executive branch agencies under subd 1., any incumbent in a position that is affected by the transfer is transferred to the appropriate executive branch agency required to effect the transfer. Employees transferred under this paragraph have all of the rights and the same status under subch. V of ch. 111 and ch. 230 in the executive branch agency to which they are transferred that they enjoyed in the executive branch agency by which they were employed immediately prior to the transfer. Notwithstanding s. 230.28 (4), no employee so transferred who has attained permanent status in class may be required to serve a probationary period in the position to which the employee is transferred.

AB144,222,4 3. Promptly following the completion of each calendar quarter, the chief information officer shall report to the secretary the number of position changes made by the chief information officer during the preceding calendar quarter, itemized for each executive branch agency and funding source and, if applicable, the specific appropriations from which funding for any position was provided or from which funding for any position was deleted.

AB144, s. 241 Section 241. 16.505 (2m) of the statutes is amended to read:

AB144,222,13 16.505 (2m) The board of regents of the University of Wisconsin System may create or abolish a full-time equivalent position or portion thereof from revenues appropriated under s. 20.285 (1) (h), (ip), (ir), (iz), (j), (m), (n), or (u) or (3) (iz) or (n). No later than the last day of the month following completion of each calendar quarter, the board of regents shall report to the department and the cochairpersons of the joint committee on finance concerning the number of full-time equivalent positions created or abolished by the board under this subsection during the preceding calendar quarter and the source of funding for each such position.

AB144, s. 242 Section 242. 16.505 (2p) of the statutes is created to read:

AB144,222,20 16.505 (2p) (a) The board of regents of the University of Wisconsin System may create or abolish a full-time equivalent academic staff or faculty position or portion thereof from revenues appropriated under s. 20.285 (1) (a) if the board of regents submits a request to the department, by December 1 of the previous academic year, containing a clear explanation of how the requested position will be filled and if the department approves the request.

AB144,222,25 (b) The board of regents may not include in any certification to the department under s. 20.928 (1) any sum to pay any costs of a position authorized under this subsection. Notwithstanding s. 16.42 (1), in submitting information under s. 16.42 for the biennial budget bill, the board of regents may not include the cost of funding positions requested under this subsection.

AB144, s. 243 Section 243. 16.51 (7) of the statutes is amended to read:

AB144,223,18 16.51 (7) Audit claims for expenses in connection with prisoners and juveniles in secured correctional facilities. Receive, examine, determine and audit claims, duly certified and approved by the department of corrections, from the county clerk of any county in behalf of the county, which are presented for payment to reimburse the county for certain expenses incurred or paid by it in reference to all matters growing out of actions and proceedings involving prisoners in state prisons, as defined listed in s. 302.01, or juveniles in secured correctional facilities, as defined in s. 938.02 (15m), including prisoners or juveniles transferred to a mental health institute for observation or treatment, when the proceedings are commenced in counties in which the prisons or secured correctional facilities are located by a district attorney or by the prisoner or juvenile as a postconviction remedy or a matter involving the prisoner's status as a prisoner or the juvenile's status as a resident of a secured correctional facility and for certain expenses incurred or paid by it in reference to holding those juveniles in secure custody while those actions or proceedings are pending. Expenses shall only include the amounts that were necessarily incurred and actually paid and shall be no more than the legitimate cost would be to any other county had the offense or crime occurred therein.

AB144, s. 244 Section 244. 16.517 of the statutes is amended to read:

AB144,224,19 16.517 Adjustments of program revenue positions and funding levels. No later than 30 days after the effective date of each biennial budget act, the department shall provide to the joint committee on finance a report indicating any initial modifications that are necessary to the appropriation levels established under that act for program revenue and program revenue-service appropriations as defined in s. 20.001 (2) (b) and (c) or to the number of full-time equivalent positions funded from program revenue and program revenue-service appropriations authorized by that act to account for any additional funding or positions authorized under s. 16.505 (2), (2e), or (2m) or 16.515 in the fiscal year immediately preceding the fiscal biennium of the budget that have not been included in authorizations under the biennial budget act but which should be included as continued budget authorizations in the fiscal biennium of the budget. Such modifications shall be limited to adjustment of the appropriation or position levels to the extent required to account for higher base levels for the fiscal year immediately preceding the fiscal biennium of the budget due to appropriation or position increases authorized under s. 16.505 (2), (2e), or (2m) or 16.515 during the fiscal year immediately preceding the fiscal biennium of the budget. If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed modifications within 14 working days after the date of receipt of the department's report, the department may make the modifications specified in the report. If, within 14 working days after the date of the department's report, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed modifications, the department may not make the modifications specified in the report until the committee approves the report.

AB144, s. 245 Section 245. 16.518 of the statutes is created to read:

AB144,224,23 16.518 Transfers to the budget stabilization fund and the tax relief fund. (1) In this section, "summary" means the amount shown in the summary in s. 20.005 (1), as published in the biennial budget act or acts.

AB144,225,2 (2) Annually, the secretary shall calculate the difference between the amount of moneys projected to be deposited in the general fund during the fiscal year that are designated as "Taxes" in the summary and the amount of such moneys actually deposited in the general fund during the fiscal year.

AB144,225,7 (3) (a) Subject to par. (b), if the amount of moneys projected to be deposited in the general fund during the fiscal year that are designated as "Taxes" in the summary is less than the amount of such moneys actually deposited in the general fund during the fiscal year, the secretary shall annually transfer from the general fund to the budget stabilization fund 50% of the amount calculated under sub. (2).

AB144,225,11 (b) 1. If the balance of the budget stabilization fund on June 30 of the fiscal year is at least equal to 5% of the estimated expenditures from the general fund during the fiscal year, as reported in the summary, the secretary may not make the transfer under par. (a).

AB144,225,17 2. If the amount transferred under par. (a) would cause the general fund balance on June 30 of the fiscal year to be less than the general fund balance that is required under s. 20.003 (4) for that fiscal year, the secretary shall reduce the amount transferred under par. (a) to the amount that would cause the general fund balance to be equal to the minimum general fund balance that is required under s. 20.003 (4) for that fiscal year.

AB144,225,20 (4) Annually, the secretary shall transfer from the general fund to the tax relief fund the difference between the amount calculated under sub. (2) and the amount transferred to the budget stabilization fund under sub. (3).

AB144, s. 246 Section 246. 16.519 of the statutes is created to read:

AB144,225,24 16.519 Fund transfers relating to tobacco settlement agreement. (1) In this section, "tobacco settlement agreement" means the Attorneys General Master Tobacco Settlement Agreement of November 23, 1998.

AB144,226,3 (2) Annually, on June 15, beginning in 2004, the secretary shall transfer from the permanent endowment fund to the general fund an amount equal to the amount calculated by the investment board under s. 25.17 (16).

AB144,226,9 (3) If the state has not received in fiscal year 2001-02 at least $12,006,400 under the tobacco settlement agreement, because the secretary, under s. 16.63, has sold the state's right to receive any of the payments under the tobacco settlement agreement, the secretary shall transfer from the general fund to the tobacco control fund an amount equal to $12,006,400 less any payments received under the tobacco settlement agreement and deposited in the tobacco control fund in that fiscal year.

AB144,226,15 (4) If the state has not received in fiscal year 2002-03 at least $21,169,200 under the tobacco settlement agreement, because the secretary, under s. 16.63, has sold the state's right to receive any of the payments under the tobacco settlement agreement, the secretary shall transfer from the general fund to the tobacco control fund an amount equal to $21,169,200 less any payments received under the tobacco settlement agreement and deposited in the tobacco control fund in that fiscal year.

AB144, s. 247 Section 247. 16.52 (intro.) (except 16.52 (title)) of the statutes is repealed.

AB144, s. 248 Section 248. 16.52 (1), (2) and (3) of the statutes are amended to read:

AB144,226,22 16.52 (1) Keep separate accounts Accounts of moneys and funds. Keep The department shall keep in its office separate accounts of the revenues and funds of the state, and of all moneys and funds received or held by the state, and also of all encumbrances, expenditures, disbursements and investments thereof, showing the particulars of every encumbrance, expenditure, disbursement and investment.

AB144,227,9 (2) Revenue accounts. Place The department shall place revenue estimates on the books of accounts and credit actual receipts against them as of the last day of each quarter. Except as provided in s. 20.002 (2), any receipts applying to a prior fiscal year received between the day after the date for closing of books specified by the secretary under sub. (5) (a) and the next succeeding such date specified by the secretary shall be credited by the secretary to the fiscal year following the year to which the receipts apply. Except in the case of program revenue and continuing appropriations, any refund of a disbursement to a general purpose revenue appropriation, applicable to any prior fiscal year, received between these dates may not be credited to any appropriation but shall be considered as a nonappropriated receipt. General purpose revenue (GPR) earned, as defined in s. 20.001 (4) is not available for expenditure, whether or not applied to the fiscal year in which received.

AB144,227,14 (3) Keep appropriation Appropriation accounts. Keep The department shall keep separate accounts of all appropriations authorizing expenditures from the state treasury, which accounts shall show the amounts appropriated, the amounts allotted, the amounts encumbered, the amounts expended, the allotments unencumbered and the unallotted balance of each appropriation.

AB144, s. 249 Section 249. 16.52 (7) of the statutes is amended to read:

AB144,227,25 16.52 (7) Petty cash account. With the approval of the secretary, each agency which is authorized to maintain a contingent fund under s. 20.920 may establish a petty cash account from its contingent fund. The procedure for operation and maintenance of petty cash accounts and the character of expenditures therefrom shall be prescribed by the secretary. In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in ch. 231, 233 or, 234, or 237.

AB144, s. 250 Section 250. 16.52 (10) of the statutes is amended to read: