SECTION 21. 16.401 (intro.) of the statutes is created to read:
16.401 Treasury management. (intro.) The department shall:
SECTION 22. 16.401 (1) of the statutes is created to read:
16.401 (1) HAVE CUSTODY OF MONEYS. Receive and have charge of all moneys paid into the treasury and any other moneys received by officers and employees of state agencies, and pay out the moneys as directed by law, except as provided in ss. 16.52 (7), 20.907 (5) (b), 20.920, and 20.929.
SECTION 23. 16.412 of the statutes is amended to read:
16.412 Agency payments. At the request of any agency, the secretary, with the approval of the state treasurer, may authorize the processing of specified regular periodic payments through the use of money transfer techniques including, without limitation because of enumeration, direct deposit, electronic funds transfer, and automated clearinghouse procedures.
SECTION 24. 16.415 (1) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:
16.415 (1) Neither the secretary nor any other fiscal officer of this state may draw, sign, or issue, or authorize the drawing, signing, or issuing of any warrant on the treasurer or other any disbursing officer of the state to pay any compensation to any person in the classified service of the state unless an estimate, payroll, or account for such compensation, containing the names of every person to be paid, bears the certificate of the appointing authority that each person named in the estimate, payroll, or account has been appointed, employed, or subject to any other personnel transaction in accordance with, and that the pay for the person has been established in accordance with, the law, compensation plan, or applicable collective bargaining agreement, and applicable rules of the administrator of the division of merit recruitment and selection in the department then in effect.
****NOTE: This is reconciled s. 16.415 (1). This SECTION has been affected by drafts with the following LRB numbers: LRB-0529 and LRB-0576.
SECTION 25. 16.53 (5) of the statutes is amended to read:
16.53 (5) WARRANTS; WHAT TO SPECIFY. The secretary shall draw a warrant on the state treasurer treasury 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 that 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 No moneys may be paid out of the state treasury under this section otherwise than upon such warrants.
SECTION 26. 16.53 (10) (a) of the statutes is amended to read:
16.53 (10) (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.
SECTION 27. 16.53 (10) (b) of the statutes is amended to read:
16.53 (10) (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.
SECTION 28. 18.60 (3) of the statutes is amended to read:
18.60 (3) The principal proceeds from the sale of any refunding obligations shall be applied either to the immediate payment and retirement of the obligations or notes being refinanced or, if the obligations or notes have not matured and are not presently redeemable, to the creation of a trust for and shall be pledged to the payment of the obligations or notes being refinanced. If a trust is created, a separate deposit shall be made for each issue of obligations or notes being refinanced. Each deposit shall be with the state treasurer secretary of administration or a bank or trust company that is then a member of the federal deposit insurance corporation. If the total amount of any deposit, including money other than sale proceeds but legally available for such purpose, is less than the principal amount of the obligations or notes being refinanced and for the payment of which the deposit has been created and pledged, together with applicable redemption premiums and interest accrued and to accrue to maturity or to the date of redemption, then the application of the sale proceeds shall be legally sufficient only if the money deposited is invested in securities issued by the United States or one of its agencies, or securities fully guaranteed by the United States, and only if the principal amount of the securities at maturity and the income therefrom to maturity will be sufficient and available, without the need for any further investment or reinvestment, to pay at maturity or upon redemption the principal amount of the obligations or notes being refinanced together with applicable redemption premiums and interest accrued and to accrue to maturity or to the date of redemption. The income from the principal proceeds of the securities shall be applied solely to the payment of the principal of and interest and redemption premiums on the obligations or notes being refinanced, but provision may be made for the pledging and disposition of any surplus. Nothing in this subsection shall be construed as a limitation on the duration of any deposit in trust for the retirement of obligations or notes being refinanced, but which have not matured and which are not presently redeemable. Nothing in this subsection shall be construed to prohibit reinvestment of the income of a trust if the reinvestments will mature at such times that sufficient cash will be available to pay interest, applicable premiums, and principal on the obligations or notes being refinanced.
SECTION 29. 19.43 (7) of the statutes is amended to read:
19.43 (7) If an official required to file fails to make a timely filing, the board shall promptly provide notice of the delinquency to the state treasurer secretary of administration, and to the chief executive of the department of which the official's office or position is a part, or, in the case of a district attorney, to the chief executive of that department and to the county clerk of each county served by the district attorney or in the case of a municipal judge to the clerk of the municipality of which the official's office is a part, or in the case of a justice, court of appeals judge, or circuit judge, to the director of state courts. Upon such notification both the state treasurer secretary of administration and the department, municipality, or director shall withhold all payments for compensation, reimbursement of expenses, and other obligations to the official until the board notifies the officers to whom notice of the delinquency was provided that the official has complied with this section.
SECTION 30. 20.395 (9) (gg) of the statutes is amended to read:
20.395 (9) (gg) Credit card use charges. All moneys received under ch. 194, 218, 341, 342, 343, or 348 as provided in s. 85.14 (1) (a) that are required to be paid to the state treasurer secretary of administration under s. 85.14 (1) (b) for the purpose of the payment of charges associated with the use of credit cards that are assessed to the department under s. 85.14 (1) (b).
SECTION 31. 20.435 (6) (gb) of the statutes is amended to read:
20.435 (6) (gb) Alcohol and drug abuse initiatives. All moneys received from the state treasurer under s. 961.41 (5) (c), to be expended on programs providing prevention, intervention, and treatment for alcohol and other drug abuse problems.
SECTION 32. 20.435 (6) (hx) of the statutes is amended to read:
20.435 (6) (hx) Services related to drivers, receipts. The amounts in the schedule for services related to drivers. All moneys received by the state treasurer secretary of administration from the driver improvement surcharge on court fines and forfeitures authorized under s. 346.655 and all moneys transferred from the appropriation account under s. 20.395 (5) (di) shall be credited to this appropriation. The secretary of administration shall annually transfer to the appropriation account under s. 20.395 (5) (ek) 3.76% of all moneys credited to this appropriation from the driver improvement surcharge. Any unencumbered moneys in this appropriation account may be transferred to sub. (7) (hy) and ss. 20.255 (1) (hm), 20.285 (1) (ia), 20.395 (5) (ci) and (di), and 20.455 (5) (h) by the secretary of administration, after consultation with the secretaries of health and family services and transportation, the superintendent of public instruction, the attorney general, and the president of the University of Wisconsin System.
SECTION 33. 20.505 (1) (kj) of the statutes is amended to read:
20.505 (1) (kj) Financial services. The amounts in the schedule to provide accounting, auditing, payroll, and other financial services to state agencies, to provide banking service cost analysis and cash management assistance for state agencies and state funds under s. 25.19 (3), and to transfer the amounts appropriated under s. 20.585 (1) (kb) to the appropriation account under s. 20.585 (1) (kb). All moneys received from the provision of accounting, auditing, payroll, and other financial services to state agencies and from assessments paid under s. 25.14 (3) shall be credited to this appropriation.
SECTION 34. 20.585 (1) (jt) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 35. 20.585 (1) (km) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 36. 20.906 (1) of the statutes is amended to read:
20.906 (1) FREQUENCY OF DEPOSITS. Unless otherwise provided by law, all moneys collected or received by any state agency for or in behalf of the state or which is are required by law to be turned into the state treasury shall be deposited in or transmitted to the state treasury at least once a week and also at other times as required by the governor or the state treasurer secretary of administration and shall be accompanied by a statement in such form as the treasurer secretary of administration may prescribe showing the amount of such collection and from whom and for what purpose or on what account the same was received. All moneys paid into the treasury shall be credited to the general purpose revenues of the general fund unless otherwise specifically provided by law.
SECTION 37. 20.906 (4) of the statutes is amended to read:
20.906 (4) PENALTIES. If any state agency fails to make such deposits of money, or to make such reports as are required by this section, the department of administration, with the approval of the governor, shall withhold all moneys due such state agency until this section is complied with; and upon such failure to make such deposits of money, the officer or employee so failing shall be liable to the state treasurer secretary of administration for an amount equal to the interest upon the moneys so withheld from deposit at the same rate as that received by the state upon moneys held in the state investment fund, for the period for which such deposit is withheld; and such interest shall be a charge against the officer or employee and shall be deducted from that person's compensation.
SECTION 38. 20.906 (5) of the statutes is amended to read:
20.906 (5) CONDITIONS PRECEDENT TO RELEASE OF APPROPRIATIONS. All appropriations from state revenues for any state agency, are made on the express conditions that such state agency pays all moneys received by it into the state treasury within one week of receipt or as often as otherwise directed by the governor or state treasurer secretary of administration, and conforms with ss. 16.53 (1) and 20.002, regardless of the type of appropriations made to the state agency. Upon failure to comply with this subsection, the department of administration shall refuse to draw its warrant and the state treasurer shall refuse to pay any moneys appropriated to the state agency from state revenues until the state agency complies with this subsection. Upon failure or refusal to so comply, after due notice received from the department of administration, any appropriations from state revenues to the state agency shall permanently revert to the fund from which appropriated.
SECTION 39. 20.906 (6) of the statutes is amended to read:
20.906 (6) DIRECT DEPOSITS. The governor or the state treasurer secretary of administration may require state agencies making deposits under this section to make direct deposits to any depository designated by the depository selection board, if such a requirement is advantageous or beneficial to this state.
SECTION 40. 20.907 (2) of the statutes is amended to read:
20.907 (2) CUSTODY AND ACCOUNTING. The state treasurer secretary of administration shall have custody of all such gifts, grants, and bequests and devises in the form of cash or securities. The department of administration shall keep a separate account for each state agency receiving such gifts, grants, and bequests and devises, including therein investments, accumulations, payments, and any other transaction pertaining to such moneys. If no state agency is designated by the donor to carry out the purposes of the conveyance, the joint committee on finance shall appoint a state agency to act as trustee.
SECTION 41. 20.907 (5) (a) of the statutes is amended to read:
20.907 (5) (a) Except as provided in par. (b), all moneys which that may come into the possession of any officer or employee of a state agency by virtue of his or her office or employment shall be deposited with the state treasurer secretary of administration, regardless of the ownership thereof.
SECTION 42. 20.907 (5) (b) of the statutes is amended to read:
20.907 (5) (b) Paragraph (a) does not apply whenever the disposition of moneys is otherwise provided by law or whenever a state agency receives moneys incident to an authorized activity which that are not appropriated and not directed to be deposited with the state treasurer secretary of administration and the agency promulgates a rule which that prescribes procedures in accordance with ch. 34 for the deposit of the moneys.
SECTION 43. 20.907 (5) (c) of the statutes is amended to read:
20.907 (5) (c) The state treasurer secretary of administration shall establish an account for moneys received under par. (a) from each source and shall make payments and refunds from each account authorized under par. (e) as directed by the state agency depositing the moneys, unless otherwise provided by law. Each payment shall be made upon submission of a claim audited under s. 16.53 and paid by voucher from the appropriation under s. 20.855 (6) (j) in accordance with procedures established by the secretary of administration.
SECTION 44. 20.907 (5) (d) of the statutes is amended to read:
20.907 (5) (d) Each account under this subsection shall be established in the appropriate fund, as determined by the state treasurer secretary of administration.
SECTION 45. 20.907 (5) (e) 12e. of the statutes is created to read:
20.907 (5) (e) 12e. Credit card interchange and association fees.
SECTION 46. 20.907 (5) (e) 12r. of the statutes is created to read:
20.907 (5) (e) 12r. Transfers from the income account of the state investment fund, to pay bank service costs under s. 34.045 (1) (b).
SECTION 47. 20.912 (1) of the statutes is amended to read:
20.912 (1) CANCELLATION OF OUTSTANDING CHECKS AND SHARE DRAFTS. If any check, share draft, or other draft drawn and issued by the state treasurer upon the funds of the state in any state depository is not paid within the time period designated by the state treasurer secretary of administration under s. 14.58 (12) 16.401 (10) as shown on the check or other draft, the state treasurer secretary of administration shall cancel the check or other draft and credit the amount thereof to the fund on which it is drawn.
SECTION 48. 20.912 (3) of the statutes is amended to read:
20.912 (3) REISSUE OF CANCELED CHECKS, SHARE DRAFTS, AND OTHER DRAFTS. Subject to sub. (2), when the payee or person entitled to any check, share draft, or other draft canceled under sub. (1) by the state treasurer, or the payee or person entitled to any warrant so canceled by the department of administration, demands such check, share draft, other draft, or warrant or payment thereof, the department of administration shall issue a new warrant therefor, to be paid from the appropriate appropriation account under s. 20.855 (1) (bm), (gm), or (rm).
SECTION 49. 20.912 (4) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:
20.912 (4) INSOLVENT DEPOSITORIES. When the bank, savings and loan association, savings bank, or credit union on which any check, share draft, or other draft is drawn by the state treasurer secretary of administration before payment of such check, share draft, or other draft becomes insolvent or is taken over by the division of banking, the federal home loan bank board, the U.S. office of thrift supervision, the federal deposit insurance corporation, the resolution trust corporation, the office of credit unions, the administrator of federal credit unions, or the U.S. comptroller of the currency, the state treasurer secretary of administration shall on the demand of the person in whose favor such check, share draft, or other draft was drawn and upon the return to the treasurer secretary of such check, share draft, or other draft issue a replacement for the same amount.
****NOTE: This is reconciled s. 20.912 (4). This SECTION has been affected by drafts with the following LRB numbers: LRB-0529 and LRB-1431.
SECTION 50. 20.912 (5) of the statutes is amended to read:
20.912 (5) LOST, STOLEN, OR DESTROYED CHECKS, SHARE DRAFTS, AND OTHER DRAFTS. If any check, share draft, or other draft drawn and issued by the state treasurer secretary of administration is lost, stolen, or destroyed and the bank, savings and loan association, savings bank, or credit union on which the check, share draft, or other draft is drawn has been notified to stop payment thereon, the state treasurer secretary of administration may, after acknowledgment by the bank, savings and loan association, savings bank, or credit union that the check, share draft, or other draft has not been paid, issue a replacement check, share draft, or other draft and thereafter the state treasurer secretary of administration shall be relieved from all liability thereon.
SECTION 51. 20.920 (2) (a) of the statutes is amended to read:
20.920 (2) (a) With the approval of the secretary and state treasurer, each state agency may establish a contingent fund. The secretary shall determine the funding source for each contingent fund, total amount of the fund, and maximum payment from the fund.
SECTION 52. 20.929 of the statutes is amended to read:
20.929 Agency drafts or warrants. The secretary of administration may authorize any state agency to issue drafts or warrants drawn on the state treasury. Such drafts or warrants may be issued only in connection with purchase orders authorized under subch. IV of ch. 16 and may not exceed $300 per draft or warrant. The state treasurer secretary shall pay such drafts or warrants as presented. The secretary of administration and shall audit the purchase orders issued. Any purchase order that is disapproved by the secretary as unlawful or unauthorized shall be returned by the secretary to the state agency for reimbursement to the state treasurer treasury. The secretary shall make written regulations for the implementation of this section. The secretary may require any state agency to utilize one or more separate depository accounts to implement this section. The illegal or unauthorized use of purchase orders and drafts or warrants under this section is subject to the remedies specified in s. 16.77.
SECTION 53. 21.33 of the statutes is amended to read:
21.33 Pay department. The quartermaster general acting as paymaster under orders from the governor may draw from the state treasury the money necessary for paying troops in camp or on active service, and shall furnish such security for the same as the state treasurer secretary of administration may direct. The amount due on account of the field, staff, or other officers, noncommissioned staff and band, company, or enlistees, not herein enumerated, if any, shall be paid to the person to whom the same shall be due, on the properly signed and certified payrolls.
SECTION 54. 23.49 of the statutes is amended to read:
23.49 Credit card use charges. The department shall certify to the state treasurer secretary of administration the amount of charges associated with the use of credit cards that is assessed to the department on deposits accepted under s. 23.66 (1m) by conservation wardens, and the state treasurer secretary of administration shall pay the charges from moneys received under s. 59.25 (3) (j) and (k) that are reserved for payment of the charges under s. 14.58 (21) 20.907 (5) (e) 12e.
SECTION 55. 23.85 of the statutes is amended to read:
23.85 Statement to county board; payment to state. Every county treasurer shall, on the first day of the annual meeting of the county board of supervisors, submit to it a verified statement of all forfeitures, penalty assessments, jail assessments, weapons assessments, environmental assessments, wild animal protection assessments, natural resources assessments, fishing shelter removal assessments, snowmobile registration restitution payments, and natural resources restitution payments money received during the previous year. The county clerk shall deduct all expenses incurred by the county in recovering those forfeitures, penalty assessments, weapons assessments, environmental assessments, wild animal protection assessments, natural resources assessments, fishing shelter removal assessments, snowmobile registration restitution payments, and natural resources restitution payments from the aggregate amount so received, and shall immediately certify the amount of clear proceeds of those forfeitures, penalty assessments, weapons assessments, environmental assessments, wild animal protection assessments, natural resources assessments, fishing shelter removal assessments, snowmobile registration restitution payments, and natural resources restitution payments to the county treasurer, who shall pay the proceeds to the state treasurer as provided in s. 59.25 (3). Jail assessments shall be treated separately as provided in s. 302.46.
SECTION 56. 24.17 (1) (intro.) of the statutes is amended to read:
24.17 (1) (intro.) When the purchaser of any such lands shall make payment to the treasurer secretary of administration of the amount required to be paid on such sale, and, in case of a private sale, shall also produce the memorandum mentioned in s. 24.16, the treasurer secretary of administration shall give a receipt therefor to such purchaser, and unless such sale be made wholly for cash the board shall execute and deliver to such person a duplicate certificate of sale, in which it shall certify:
SECTION 57. 24.17 (2) of the statutes is amended to read:
24.17 (2) When the sale is wholly for cash, upon payment as above provided, the treasurer secretary of administration shall thereupon give to such purchaser a receipt stating the amount paid and giving a description of the lot or tract of land sold and that such purchaser is entitled to receive a patent according to law.
SECTION 58. 24.20 of the statutes is amended to read:
24.20 Payments and accounts. All money paid on account of sales of public lands shall be paid to the state treasurer secretary of administration who shall credit the proper fund therewith, crediting the general fund with the proceeds of sales of Marathon County lands, and the secretary of administration or the secretary's designee, upon countersigning the receipt given therefor, shall charge the treasurer therewith, and shall also enter the name of the person paying the same, the number of the certificate, if any, upon which the amount shall be paid, and the time of the payment.
SECTION 59. 24.25 of the statutes is amended to read:
24.25 Patent and record thereof. Whenever full payment shall have been made for any such lands as required by law, and the purchaser or the purchaser's legal representatives shall produce to the board the duplicate certificate of sale, with the receipt of the state treasurer secretary of administration endorsed thereon, showing that the whole amount of the principal and interest due thereon has been paid and that the holder of such certificate is entitled to a patent for the lands described therein, the original and duplicate certificates shall be canceled, and the board shall thereupon execute and deliver a patent to the person entitled thereto for the land described in such certificate. All patents issued by the board shall be recorded in its office; and the record of patents heretofore issued by it is hereby declared a legal record. Purchasers may, at any time before due, pay any part or the whole of such purchase money and the interest thereon. In all cases where patents have been or may hereafter be issued to a person who may have died or who shall die before the date thereof, the title to the land described therein shall inure to and become vested in the heirs, devisees, or assignees of such person to the same extent as if the patent had issued to that person during that person's lifetime.
SECTION 60. 24.29 of the statutes is amended to read:
24.29 Redemption. At any time before the 5 days next preceding the reoffering of such land at public sale, the former purchaser or the former purchaser's assigns or legal representatives may, by the payment of the sum due with interest, and all taxes returned thereon to the state treasurer secretary of administration which are still unpaid, and all costs occasioned by the delay, together with 3% damages on the whole sum owing for such land, prevent such resale and revive the original contract.
SECTION 61. 24.32 (2) of the statutes is amended to read:
24.32 (2) Every such tract may be redeemed by the former purchaser thereof, the former purchaser's assigns or legal representatives at any time before the June 30th next following the date of such resale, upon presenting to the board satisfactory proof, which shall be filed and preserved by it, that such tract was, at the time of resale, in whole or in part under cultivation or adjoining a tract partly cultivated, belonging to the former purchaser, the former purchaser's assigns or legal representatives and used in connection therewith, and upon depositing with the state treasurer secretary of administration, for the use of the purchaser at such resale the amount paid by the purchaser for such land, together with 25% of the amount of such taxes, interest, and costs in addition thereto; and every certificate issued upon any such resale shall be subject to the right of redemption whether it be expressed in such certificate or not. And no patent shall be issued on any such resale until the expiration of such redemption period.
SECTION 62. 24.33 (1) (c) of the statutes is amended to read:
24.33 (1) (c) Payment is made to the treasurer secretary of administration in the amount actually due on the first certificate at the time of the resale, with interest, costs, and charges, and with interest on the amount for which the land was sold at the rate of 10% per year.
SECTION 63. 24.61 (2) (b) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:
24.61 (2) (b) Deposited with state treasurer secretary of administration. All bonds, notes, and other securities purchased under par. (a) shall be deposited with the state treasurer secretary of administration.
****NOTE: This is reconciled s. 24.61 (2) (b). This SECTION has been affected by drafts with the following LRB numbers: LRB-0529, LRB-0714, and LRB-1847.
SECTION 64. 24.67 (3) of the statutes is amended to read:
24.67 (3) If a municipality has acted under subs. (1) and (2), it shall certify that fact to the department of administration. Upon receiving a certification from a municipality, or upon direction of the board if a loan is made to a cooperative educational service agency or a federated public library system, the secretary of administration shall draw a warrant upon the state treasurer for the amount of the loan, payable to the treasurer of the municipality, cooperative educational service agency, or federated public library system making the loan or as the treasurer of the municipality, cooperative educational service agency, or federated public library system directs. The certificate of indebtedness shall then be conclusive evidence of the validity of the indebtedness and that all the requirements of law concerning the application for the making and acceptance of the loan have been complied with.
SECTION 65. 24.69 (1) of the statutes is amended to read:
24.69 (1) The board may sell state trust fund loans or participations therein, and may contract to do so at a future date, for such price, upon such other terms and in such manner as the board may determine. The sale may be to any person, including, without limitation, a trust or other investment vehicle created for the purpose of attracting private investment capital. The board shall remit the proceeds of the sale to the state treasurer secretary of administration for deposit in the appropriate trust fund and shall invest the proceeds in accordance with s. 24.61.
SECTION 66. 24.70 (2) of the statutes is amended to read:
