AB144: Bill Text

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:

AB144,228,5 16.52 (10) Department of public instruction. The provisions of sub. (2) with respect to refunds and sub. (5) (a) with respect to reimbursements for the prior fiscal year shall not apply to the appropriations appropriation under s. 20.255 (2) (ac) and (q).

AB144, s. 251 Section 251. 16.52 (12) of the statutes is amended to read:

AB144,228,11 16.52 (12) Date for interfund transfers. Whenever it is provided by law for a transfer of moneys to be made from one fund to another fund and no date is specified for the transfer to be made, the department shall determine a date on which the transfer shall be made or provide for partial transfers to be made on different dates, and transfer the moneys in accordance with its determination.

AB144, s. 252 Section 252. 16.52 (13) of the statutes is created to read:

AB144,228,15 16.52 (13) Information technology and electronic communications transfers. The department shall execute transfers between appropriation accounts authorized under s. 22.09 (4) upon the direction of the chief information officer.

AB144, s. 253 Section 253. 16.528 (1) (a) of the statutes is amended to read:

AB144,228,21 16.528 (1) (a) "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. 254 Section 254. 16.53 (2) of the statutes is amended to read:

AB144,229,5 16.53 (2) Improper invoices. If an agency receives an improperly completed invoice, the agency shall notify the sender of the invoice within 10 working days after it receives the invoice of the reason it is improperly completed. 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. 255 Section 255. 16.53 (14) of the statutes is created to read:

AB144,229,12 16.53 (14) Review of proposed incorporations and annexations. The department may prescribe and collect a fee for review of any petition for incorporation of a municipality under s. 66.0203 or any petition for annexation of municipal territory under s. 66.0217. The fee shall be paid by the person or persons filing the petition for incorporation or by the person or persons filing the notice of the proposed annexation.

AB144, s. 256 Section 256. 16.54 (9) (a) 1. of the statutes is amended to read:

AB144,229,18 16.54 (9) (a) 1. "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. 257 Section 257. 16.54 (13) of the statutes is created to read:

AB144,230,2 16.54 (13) (a) If the state receives any interest payments from the federal government relating to the timing of transfers of federal grant funds for programs that are funded with moneys from the general fund and that are covered in an agreement between the federal department of the treasury and the state under the federal Cash Management Improvement Act of 1990, as amended, the payments, less applicable administrative costs, shall be deposited in the general fund as general purpose revenue — earned.

AB144,230,10 (b) If the state is required to pay any interest payments to the federal government relating to the timing of transfers of federal grant funds for programs that are funded with moneys from the general fund and that are covered in an agreement between the federal department of the treasury and the state under the federal Cash Management Improvement Act of 1990, as amended, the secretary shall notify the cochairpersons of the joint committee on finance, in writing, that the state is required to pay an interest payment. The notice shall contain an accounting of the amount of interest that the state is required to pay.

AB144, s. 258 Section 258. 16.545 (9) of the statutes is amended to read:

AB144,230,19 16.545 (9) To process applications for grants from the federal government upon request of any agency initiate contacts with the federal government for the purpose of facilitating participation by agencies, as defined in s. 16.70 (1), in federal aid programs, to assist those agencies in applying for such aid, and to facilitate influencing the federal government to make policy changes that will be beneficial to this state. The department may assess to an agency for whom it processes an application to which it provides services under this subsection a fee for the expenses incurred by the department in performing this service providing those services.

AB144, s. 259 Section 259. 16.61 (2) (af) of the statutes is amended to read:

AB144,230,21 16.61 (2) (af) "Form" has the meaning specified in s. 16.97 22.01 (5p).

AB144, s. 260 Section 260. 16.61 (3n) of the statutes is amended to read:

AB144,230,24 16.61 (3n) Exempt forms. The board may not receive or investigate complaints about the forms specified in s. 16.971 22.03 (2m).

AB144, s. 261 Section 261. 16.61 (7) (d) of the statutes is created to read:

AB144,231,2 16.61 (7) (d) This subsection does not apply to public records governed by s. 137.20.

AB144, s. 262 Section 262. 16.611 (2) (e) of the statutes is created to read:

AB144,231,5 16.611 (2) (e) This subsection does not apply to public records governed by s. 137.20.

AB144, s. 263 Section 263. 16.612 (2) (c) of the statutes is created to read:

AB144,231,8 16.612 (2) (c) This subsection does not apply to documents or public records governed by s. 137.20.

AB144, s. 264 Section 264. 16.62 (2) of the statutes is amended to read:

AB144,231,13 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) (kb). Such charges shall be structured to encourage efficient utilization of the services.

AB144, s. 265 Section 265. 16.62 (3) of the statutes is amended to read:

AB144,231,17 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) (kb).

AB144, s. 266 Section 266. 16.63 of the statutes is created to read:

AB144,231,20 16.63 Sale of state's rights to tobacco settlement agreement payments. (1) In this section:

AB144,231,22 (a) "Purchaser" means any person who has purchased the state's right to receive any of the payments under the tobacco settlement agreement.

AB144,231,24 (b) "Tobacco settlement agreement" means the Attorneys General Master Tobacco Settlement Agreement of November 23, 1998.

AB144,232,3 (c) "Tobacco settlement revenues" means the right to receive settlement payments arising from or pursuant to the tobacco settlement agreement and all direct or indirect proceeds of that right.

AB144,232,5 (2) The secretary may sell for cash or other consideration the state's right to receive any of the payments under the tobacco settlement agreement.

AB144,232,9 (3) The secretary may organize one or more nonstock corporations under ch. 181 or limited liability companies under ch. 183 for any purpose related to the sale of the state's right to receive any of the payments under the tobacco settlement agreement and may take any action necessary to facilitate and complete the sale.

AB144,232,11 (4) (a) Tobacco settlement revenues may not be deemed proceeds of any property which is not tobacco settlement revenues.

AB144,232,15 (b) Except as otherwise provided in this subsection, the creation, perfection, and enforcement of security interests in tobacco settlement revenues are governed by ch. 409. Notwithstanding ch. 409, with regard to creating, perfecting, and enforcing a valid security interest in tobacco settlement revenues:

AB144,232,18 1. If this state or the Wisconsin health and educational facilities authority is the debtor in the transaction, the proper place to file the required financing statement to perfect the security interest is the department of financial institutions.

AB144,232,24 2. The required financing statement shall include a description of collateral that describes the collateral as general intangibles consisting of the right to receive settlement payments arising from or pursuant to the tobacco settlement agreement and all proceeds of that right. The required financing statement may include any additional description of collateral that is legally sufficient under the laws of this state.

AB144,233,2 3. The tobacco settlement revenues are general intangibles for purposes of ch. 409.

AB144,233,12 4. A security interest perfected under this paragraph is enforceable against the debtor, any assignee or grantee, and all third parties, including creditors under any lien obtained by judicial proceedings, subject only to the rights of any third parties holding security interests in the tobacco settlement revenues previously perfected under this paragraph. Unless the applicable security agreement provides otherwise, a perfected security interest in the tobacco settlement revenues is a continuously perfected security interest in all tobacco settlement revenues existing on the date of the agreement or arising after the date of the agreement. A security interest perfected under this paragraph has priority over any other lien created by operation of law or otherwise, which subsequently attaches to the tobacco settlement revenues.

AB144,233,15 5. The priority of a security interest created under this paragraph is not affected by the commingling of proceeds arising from the tobacco settlement revenues with other amounts.