16.528(2)(a)(a) Except as provided in
sub. (3) or as otherwise specifically provided, an agency which does not pay timely the amount due on an order or contract shall pay interest on the balance due from the 31st day after receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later, or, if the agency does not comply with
s. 16.53 (2), from the 31st day after receipt of an improperly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later, at the rate specified in
s. 71.82 (1) (a) compounded monthly.
16.528(2)(b)
(b) For the purposes of
par. (a), a payment is timely if the payment is mailed, delivered or transferred by the later of the following:
16.528(2)(b)1.
1. The date specified on a properly completed invoice for the amount specified in the order or contract.
16.528(2)(b)2.
2. Except as provided in
subd. 3., within 45 days after receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract, or, if the agency does not comply with
s. 16.53 (2), within 45 days after receipt of an improperly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later.
16.528(2)(b)3.
3. For orders or contracts entered into on and after the first day of the 3rd 12-month period beginning after February 1, 1987, within 30 days after receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract, or, if the agency does not comply with
s. 16.53 (2), within 30 days after receipt of an improperly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later.
16.528(2m)
(2m) Interest payable to subcontractors. 16.528(2m)(a)(a) Except as provided in
sub. (3) (e) or as otherwise specifically provided, principal contractors that engage subcontractors to perform part of the work on an order or contract from an agency shall pay subcontractors for satisfactory work in a timely fashion. A payment is timely if it is mailed, delivered or transferred to the subcontractor no later than 7 days after the principal contractor's receipt of any payment from the agency.
16.528(2m)(b)
(b) If a subcontractor is not paid in a timely fashion, the principal contractor shall pay interest on the balance due from the 8th day after the principal contractor's receipt of any payment from the agency, at the rate specified in
s. 71.82 (1) (a) compounded monthly.
16.528(2m)(c)
(c) Subcontractors receiving payment under this subsection shall pay lower-tier subcontractors, and be liable for interest on late payments, in the same manner as principal contractors are required to pay subcontractors in
pars. (a) and
(b).
16.528(3)
(3) Exceptions. Subsection (2) does not apply to the following:
16.528(3)(a)
(a) Any portion of an order or contract under which the payment is made from federal moneys.
16.528(3)(b)
(b) An order or contract that is subject to late payment interest or another late payment charge required by another law or rule specifically authorized by law.
16.528(3)(c)
(c) An order or contract between 2 or more agencies except if the order or contract involves prison industries.
16.528(3)(d)
(d) An order or contract for services which provides for the time of payment and the consequences of nontimely payment.
16.528(3)(e)
(e) An order or contract under which the amount due is subject to a good faith dispute if, before the date payment is not timely, notice of the dispute is sent by 1st class mail, personally delivered or sent in accordance with the procedure specified in the order or contract. In this paragraph, "good faith dispute" means a contention by an agency that goods delivered or services rendered were of a lesser quantity or quality than ordered or specified by contract, were faulty or were installed improperly; or any other reason giving cause for the withholding of payment by the agency until the dispute is settled.
16.528(4)
(4) Appropriation from which paid. An agency which pays interest under this section shall pay the interest from the appropriation for administration of the program under which the order or contract was made or entered into unless payment from that appropriation is prohibited. Notwithstanding
ss. 20.115 to
20.765, if payment from the appropriation for administration of the program is prohibited, the interest payment shall be made from a general program operations appropriation of the agency determined by the agency. If the program is administered from more than one appropriation, the interest payment shall be made from the appropriation or appropriations for program administration determined by the agency.
16.528(5)
(5) Reports of interest paid. Annually before October 1, each agency shall report to the department the number of times in the previous fiscal year the agency paid interest under this section, the total amount of interest paid and the reasons why interest payments were not avoided by making timely payment.
16.528(6)
(6) Attorney fees. Notwithstanding
s. 814.04 (1), in an action to recover interest due under this section, the court shall award the prevailing party reasonable attorney fees.
16.53
16.53
Preaudit procedure. The department of administration shall preaudit claims in accordance with the following procedures:
16.53(1)(a)(a)
Audit. The secretary is responsible for auditing claims against the state, when payment thereof out of the state treasury is authorized by law, except as provided in
ss. 16.77 (1) and
20.920. The audit may be on a sample basis in accordance with generally accepted auditing standards. The secretary may delegate in writing the audit function to the head of any agency under terms and standards established by the secretary. The delegation shall be by mutual agreement and notice of the agreement shall be reported to the state auditor. If the secretary finds, through sample auditing, review of procedures, controls and any other audit techniques the secretary deems necessary, that the delegated function is not being performed according to the established auditing standards, the secretary shall in writing withdraw the delegated authority. In this subsection, "agency" has the meaning given under
s. 16.52 (7).
16.53(1)(b)
(b)
Payrolls. Payrolls, to be entitled to audit, shall be certified by the proper officers who shall set forth the nature of the services rendered by each person named therein.
16.53(1)(c)
(c)
Other claims. Unless otherwise provided by law, all other claims to be entitled to audit shall:
16.53(1)(c)1.
1. Specify the nature and particulars thereof on an official or original invoice.
16.53(1)(c)2.
2. Conform with statutory provisions and be necessarily incurred in the performance of duties required by the state service.
16.53(1)(c)4.
4. Include the claimant's affidavit, or statement under the penalties of perjury, setting forth that all items of traveling expenses were incurred in the performance of duties required by the public service, and that the amount charged for transportation or for other expenses incident to travel was actually paid out and that no part of such transportation was had upon a free pass or otherwise free of charge. The blank form of such travel voucher shall be prescribed by the secretary.
16.53(1)(c)6.
6. Exclude items of expenditure incurred while traveling outside the state by any officer or employee of any state department or institution thereof unless in the discharge of duties required by the public service.
16.53(1)(c)7.
7. Exclude out-of-state expenses of an officer or employee of any state department or institution except upon the order of the head of that department or institution. The department or institution head may determine whether such requests shall be made individually or periodically. The governor may require periodic reports on out-of-state travel made by the personnel of each state agency with such detail as the governor may desire. The governor, by executive order, may require the governor's prior approval for out-of-state travel by members of any state department or institution of the executive branch.
16.53(1)(c)10.
10. Exclude items of expenditure incurred by an employee of any state department while permanently located outside the state unless prior approval of the department of administration has been obtained.
16.53(1)(ca)
(ca)
Supervision of expenditures. All departments shall diligently review and supervise the travel expenditures of their employees and may promulgate reasonable rules governing such expenditures. Such rules shall be consistent with the uniform guidelines established under
s. 20.916 (8). Each claim shall be approved by the employee's appointing authority, as defined in
s. 230.03 (4), or the appointing authority's authorized representative. The approval shall represent the concurrence with the accuracy, necessity and reasonableness of each expense. Claims so approved shall be audited by the department of administration in accordance with
par. (a).
16.53(1)(cm)
(cm)
Advancement of travel expenses. The head of a state agency may, by presenting proper vouchers to the department of administration, advance money for travel expenses to employees. Travel expenses shall be advanced only when the estimated expense is expected to exceed $50 and the advance shall not exceed 80% of the estimated expense.
16.53(1)(d)1.1. The secretary, with the approval of the joint committee on employment relations, shall fix the time, except as provided in
ss. 106.21 (9) (c) and
106.215 (10) (c), and frequency for payment of salaries due elective and appointive officers and employees of the state. As determined under this subdivision, the salaries shall be paid either monthly, semimonthly or for each 2-week period.
16.53(1)(d)2.
2. Costs for benefits under
ch. 108 which are paid on an actual basis may be charged to and collected from agencies by the secretary on an estimated or premium basis, credited to appropriate appropriations, and paid from the appropriations on an actual basis. If a billing submitted by the department of workforce development for payment of a specific claim for benefits under
s. 108.15 (7) remains unpaid by the agency to whom the billing is submitted for more than 60 days after the billing is transmitted to the agency by the secretary, the secretary may charge the cost of payment of the billing to the proper appropriation of the agency to whom the billing is submitted without authorization of the agency and notwithstanding any pending dispute concerning agency liability. If it is finally determined that an agency is not liable in whole or in part for payment of a billing previously submitted and paid, the secretary shall credit any refund received to the appropriation from which the billing was paid, if it is available for expenditure, or otherwise to the fund from which the billing was paid. Any credit to a sum sufficient appropriation shall be made only to the fund from which the appropriation is made. In addition, the secretary may charge agencies for the department's costs of estimation, collection and payment of benefits under
ch. 108 on a prorated basis in accordance with the percentage of costs attributable to each agency. Service charges shall be paid into the appropriation made under
s. 20.505 (1) (ka).
16.53(1)(d)3.
3. In order to utilize modern accounting methods in processing payrolls, the department may convert and adjust salaries of all state officers and employees so that they are payable in equal payments throughout the year. To this end the secretary may promulgate rules necessary to administer this subdivision.
16.53(1)(d)4.
4. The secretary may promulgate rules pertaining to the administration of earnings garnishment actions under
s. 812.42 whenever the state is the garnishee in such actions. In any earnings garnishment action where the judgment debtor is employed by the University of Wisconsin System, the secretary may require the appropriate payroll processing center for the University of Wisconsin System to directly process necessary forms, papers, deductions and checks, share drafts or other drafts in connection with such action.
16.53(2)
(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,
234, or
237.
16.53(3)
(3) Examination of claimants. The secretary may examine under oath the claimant or any other person relative to any claim presented against the state, and may require oral or written answers as to any facts relating to the justness of the claim, or as to the liability of the state.
16.53(4)
(4) Audit order endorsed on claim; record. The order of the secretary auditing any claim shall be endorsed on or annexed to such claim, shall specify the amount allowed, the fund from which the same is payable, and the law that authorizes payment of such claim out of the treasury; and said order with the claim and all evidence relative thereto shall be filed and preserved in the secretary's office.
16.53(5)
(5) Warrants; what to specify. The secretary shall draw a warrant on the state treasurer payable to the claimant for the amount allowed by the secretary upon every claim audited under
sub. (1), except as authorized in
s. 16.52 (7),
20.920 or
20.929, specifying from what fund to be paid, the particular law which authorizes the claim to be paid out of the state treasury, and at the secretary's discretion the post-office address of the payee. The secretary shall not credit the treasurer for any sum of money paid out by the treasurer otherwise than upon such warrants.
16.53(6)
(6) Warrants; signatures. Whenever it is impracticable for the secretary to personally sign warrants issued on the state treasury, the secretary's name may be signed thereto by one or more persons in the secretary's department designated by the secretary or by the use of a mechanical device adopted by the secretary for affixing a facsimile signature; and the state treasurer, when written authority and reasons therefor are filed in the office of the state treasurer, shall honor warrants so signed, the same as if signed in person by the secretary, until such authority is revoked in writing.
16.53(7)
(7) Certification of boards, evidence of correctness of account. The certificate of the proper officers of the board of regents of the University of Wisconsin System, the department of health and family services, or the proper officers of any other board or commission organized or established by the state, shall in all cases be evidence of the correctness of any account which may be certified by them.
16.53(9)
(9) Transfer of funds appropriated. Whenever an appropriation has been made from the general fund in the state treasury to any other fund therein, the secretary may withhold the transfer of such appropriation or any part thereof from the general fund until the moneys required to pay outstanding claims are duly audited and disbursed. Such authority is not limited to the fiscal year of the appropriation if the liability is properly recognized and recorded.
16.53(10)(a)(a) If an emergency arises which requires the department to draw vouchers for payments which will be in excess of available moneys in any state fund, the secretary, in consultation with the state treasurer, and after notifying the joint committee on finance under
par. (b), may prorate and establish priority schedules for all payments within each fund, including those payments for which a specific payment date is provided by statute, except as otherwise provided in this paragraph. The secretary shall draw all vouchers according to the preference provided in this paragraph. All direct or indirect payments of principal or interest on state bonds and notes issued under
subch. I of ch. 18 have first priority. All direct or indirect payments of principal or interest on state notes issued under
subch. III of ch. 18 have 2nd priority. No payment having a 1st or 2nd priority may be prorated or reduced under this subsection. All state employee payrolls have 3rd priority. The secretary shall draw all remaining vouchers according to a priority determined by the secretary. The secretary shall maintain records of all claims prorated under this subsection and shall provide written notice to the state treasurer when a potential cash flow emergency is anticipated.
16.53(10)(b)
(b) Before exercising authority under
par. (a) the secretary shall, after consultation with the state treasurer, notify the joint committee on finance as to the need for and the procedures under which proration or priority schedules under
par. (a) shall occur. If the joint committee on finance has not, within 2 working days after the notification, scheduled a meeting to review the secretary's proposal, the secretary may proceed with the proposed action. If, within 2 working days after the notification, the committee schedules a meeting, the secretary may not proceed with the proposed action until after the meeting is held.
16.53(10)(c)
(c) If the secretary prorates or establishes priority schedules for payments which are to be made to local units of government, he or she shall establish a procedure whereby any local unit of government which can demonstrate that it would be adversely affected by such action of the secretary may appeal to the secretary for a waiver from having its payment prorated or delayed. In establishing this procedure, the secretary shall consider a local unit of government adversely affected if it can demonstrate that the proration or delay would cause a financial hardship because the scheduled payment had been budgeted as a revenue to be available at the scheduled time of payment and the local unit of government would otherwise have insufficient revenues to meet its immediate expenditure obligations.
16.53(10)(e)
(e) The authority granted by this subsection may be exercised only after all other possible procedures have been used and are found to be insufficient, including the temporary reallocation of surplus moneys as provided in
s. 20.002 (11).
16.53(11)
(11) Interest on delayed payments. Payments, other than payments subject to
s. 16.528, prorated or delayed under
sub. (10) which are payable to local units of government shall accrue interest on the payment delay at a rate equal to the state investment fund earnings rate during the period of the payment delay. Payments subject to
s. 16.528 prorated or delayed under
sub. (10) past the due date shall not accrue interest. In this subsection, "local unit of government" means a county, city, village, town, school district, technical college district or any other governmental entity which is entitled to receive aid payments from this state.
16.53(12)(a)2.
2. "Employee" means any officer or employee of the state who is entitled to reimbursement for actual, reasonable and necessary expenses.
16.53(12)(b)
(b) Each voucher claim for travel expenses shall be approved by the head of the employee's agency or that person's designee. Such approval represents concurrence with the necessity and reasonableness of each expense. Such approval shall accompany the travel voucher. The expense voucher shall be audited by the agency financial office and then submitted to the department for final audit before payment.
16.53(12)(c)
(c) The department may not approve for payment any travel vouchers which exceed the maximum travel schedule amounts which are established under
s. 20.916 (8), except in unusual circumstances when accompanied by a receipt and full explanation of the reasonableness of such expense.
16.53(12)(d)
(d) The department may not approve for payment any travel vouchers which exceed the auto mileage rates set under
s. 20.916 (4) (a) and
(e).
16.53(13)(b)
(b) The department may charge any agency for accounting, auditing, payroll and other financial services provided to the agency, whether the services are required by law or performed at the agency's request.
16.53(14)
(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.
16.53 History
History: 1971 c. 100 s.
23;
1971 c. 215,
261; Sup. Ct. Order,
67 Wis. 2d 585, 773 (1975);
1975 c. 39,
164,
198,
397,
422;
1977 c. 29,
196,
418;
1979 c. 34,
221;
1981 c. 1,
20;
1983 a. 3,
27,
192,
368;
1985 a. 29,
300;
1985 a. 332 ss.
15,
251 (1);
1987 a. 399;
1989 a. 31;
1989 a. 125 ss.
1,
10;
1991 a. 39,
316;
1993 a. 80,
399;
1995 a. 27 ss.
301,
302,
9126 (19),
9130 (4);
1997 a. 3;
2001 a. 16.
16.531
16.531
Cash flow plan; report. 16.531(1)
(1) At least 15 days prior to the beginning of any calendar quarter in which the secretary anticipates that it may be necessary to exercise the authority conferred in
s. 16.53 (10) (a) or
20.002 (11) (a) or to incur financial obligations and issue operating notes under
subch. III of ch. 18, the secretary shall submit a plan to the joint committee on finance describing the specific nature of any proposed action that may be required.
16.531(2)
(2) If the secretary determines during any calendar quarter that action under
s. 16.53 (10) (a) or
20.002 (11) or
subch. III of ch. 18 should be taken that is different from the action specified in the plan submitted under
sub. (1), the secretary shall provide notice to the joint committee on finance of the specific nature of any such action that may be required. If the joint committee on finance has not, within 2 working days after such notification, scheduled a meeting to review the secretary's proposal, the secretary may proceed with the proposed action. If, within 2 working days after such notification, the committee schedules a meeting, the secretary may not proceed with the proposed action until after the meeting is held.
16.531(3)
(3) Within 30 days after the end of each calendar quarter during which the secretary exercises the authority conferred in
s. 16.53 (10) (a), during which there is any outstanding reallocation of moneys under
s. 20.002 (11) (a) or during which there are any outstanding operating notes issued under
subch. III of ch. 18, the secretary shall submit to the joint committee on finance a report on the status of all such matters, together with an assessment of the degree to which the secretary anticipates that state funds and accounts will have sufficient revenues to meet anticipated obligations during the 6-month period following the calendar quarter for which the report is issued.
16.531 History
History: 1983 a. 3.
16.54
16.54
Acceptance of federal funds. 16.54(1)
(1) Whenever the United States government shall make available to this state funds for the education, the promotion of health, the relief of indigency, the promotion of agriculture or for any other purpose other than the administration of the tribal or any individual funds of Wisconsin Indians, the governor on behalf of the state is authorized to accept the funds so made available. In exercising the authority herein conferred, the governor may stipulate as a condition of the acceptance of the act of congress by this state such conditions as in the governor's discretion may be necessary to safeguard the interests of this state.
16.54(2)(a)1.1. Except as provided in
subd. 2., whenever funds shall be made available to this state through an act of congress and the funds are accepted as provided in
sub. (1), the governor shall designate the state board, commission or department to administer any of such funds, and the board, commission or department so designated by the governor is authorized and directed to administer such funds for the purpose designated by the act of congress making an appropriation of such funds, or by the department of the United States government making such funds available to this state. Whenever a block grant is made to this state, no moneys received as a part of the block grant may be transferred from use as a part of one such grant to use as a part of another such grant, regardless of whether a transfer between appropriations is required, unless the joint committee on finance approves the transfer.
16.54(2)(a)2.
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.
16.54(2)(a)3.
3. In this subsection, "block grant" means a multipurpose federal grant so designated under federal law.
16.54(2)(b)
(b) Upon presentation by the department to the joint committee on finance of alternatives to the provisions under
s. 16.385, the joint committee on finance may revise the eligibility criteria under
s. 16.385 (5), benefit payments under
s. 16.385 (6) or the amount allocated for crises under
s. 16.385 (3) (e) 2. and the department shall implement those revisions. Benefits or eligibility criteria so revised shall take into account and be consistent with the requirements of federal regulations promulgated under
42 USC 8621 to
8629. If funds received under
42 USC 8621 to
8629 in a federal fiscal year total less than 90% of the amount received in the previous federal fiscal year, the department shall submit to the joint committee on finance a plan for expenditure of the funds. The department may not use the funds unless the committee approves the plan.
16.54(2)(c)
(c) Notwithstanding
s. 20.435, before using any of the funds disbursed by the federal government to the governor under
42 USC 1397 to
1397f, commencing with funds disbursed for federal fiscal year 1986, the department of health and family services shall submit to the joint committee on finance and to the chief clerk of each house of the legislature, for distribution to the appropriate legislative standing committees under
s. 13.172 (3), the proposed state report required under
42 USC 1397c. The appropriate legislative standing committees shall review the reports, conduct public hearings on the reports and submit recommendations to the department of health and family services regarding the reports. The department of health and family services may not use the federal funds unless the joint committee on finance approves the report.
16.54(4)
(4) Any board, commission or department of the state government designated to administer any such fund, shall, in the administration of such fund, comply with the requirements of the act of congress making such appropriation and with the rules and regulations which may be prescribed by the United States government or by the department of the federal government making such funds available.
16.54(5)
(5) Whenever any agency of the federal government shall require that as a condition to obtaining federal aid the state agency entrusted with the administration of such aid shall submit a budget, plan, application, or other project proposal, then the budget, plan, application or proposal shall, before it is submitted to the federal authorities for approval, first be approved by the governor and reported to the joint committee on finance.
16.54(6)
(6) The governor may accept for the state the provisions of any act of congress whereby funds or other benefits are made available to the state, its political subdivisions, or its citizens, so far as the governor considers the provisions to be in the public interest. To this end, the governor may take or cause to be taken all necessary acts including, without limitation because of enumeration, the following:
16.54(6)(a)
(a) The making of leases or other contracts with the federal government.
16.54(6)(b)
(b) The preparation, adoption and execution of plans, methods, and agreements.
16.54(6)(c)
(c) The designation of state, municipal or other agencies to perform specific duties.
16.54(7)
(7) The governor may accept for the state at all times the provisions of any act of congress whereby funds are made available to the state for any purpose whatsoever, including the school health program under the social security act, and perform all other acts necessary to comply with and otherwise obtain, facilitate, expedite, and carry out the required provisions of such acts of congress.
16.54(8)
(8) An agency may request the governor to create or abolish a full-time equivalent position or portion thereof funded from revenues specified in
s. 20.001 (2) (e) in the agency. Upon receiving such a request, the governor may change the authorized level of full-time equivalent positions funded from such revenues in the agency. The governor may approve a different authorized level of positions than is requested by the agency. The governor, through the secretary, shall notify the joint committee on finance at least quarterly of any federal funds received in excess of those approved in the biennial budget process and of any positions created or abolished under this section.
16.54(8g)
(8g) Subsections (1) to
(8) do not apply to federal moneys made available to the board of regents of the University of Wisconsin System for instruction, extension, special projects or emergency employment opportunities.
