SB44: Bill Text

SB44, s. 55 Section 55. 14.58 (2) of the statutes is renumbered 16.401 (2) and amended to read:

SB44,63,24 16.401 (2) Issue receipts. Issue receipts for all money paid to the treasurer department.

SB44, s. 56 Section 56. 14.58 (3) of the statutes is renumbered 16.401 (3).

SB44, s. 57 Section 57. 14.58 (4) of the statutes is renumbered 16.401 (4) and amended to read:

SB44,64,14 16.401 (4) Pay on warrants sums authorized by law. (a) Pay out of the treasury, on demand, upon the warrants of the department of administration, except as provided in s. 20.929, such sums only as are authorized by law to be so paid, if there are appropriate funds therein to pay the same, and, when any sum is required to be paid out of a particular fund, pay it out of such fund only; and upon each such warrant, when payment is made in currency, take the receipt endorsed on or annexed thereto, of the payee therein named or an authorized agent or assignee. The state treasurer secretary shall accept telephone advice believed by the treasurer him or her to be genuine from any public depository, as defined in s. 34.01 (5), stating that a specified amount of money has been deposited with such public depository for the credit of the state treasurer, and shall act upon such telephone advice as though it had been in writing.

SB44,64,21 (b) When in the judgment of the state treasurer secretary balances in state public depository accounts are temporarily in excess of that required under par. (a), the treasurer, with the concurrence of the secretary of administration, may authorize the preparation of a warrant in excess of the funds contained in transfer the excess balance to the investment fund for the purpose of investment only. The earnings attributable to the investment of temporary excess balances shall be distributed as provided in sub. (19) (14).

SB44, s. 58 Section 58. 14.58 (5) of the statutes is renumbered 16.401 (5) and amended to read:

SB44,65,3 16.401 (5) Account for interest. Pay into the treasury and account for all sums directly or indirectly received by the treasurer secretary by virtue of the treasurer's secretary's office, or as interest or compensation for the use, deposit, or forbearance of any state moneys in the treasurer's secretary's hands or under the treasurer's secretary's control.

SB44, s. 59 Section 59. 14.58 (6) of the statutes is renumbered 16.401 (6) and amended to read:

SB44,65,17 16.401 (6) Keep cash and fund accounts. Keep records showing the number, date, and amount of each cash receipt issued by the treasurer's office department and classify said receipts by state funds; submit a summary statement of collections by fund together with a copy of each remittance advice in support thereof; keep also records showing the check, share draft, or other draft number, date, payee, and amount of each cash disbursement and classify said disbursements by state funds; keep a record of the date, payee, and amount of each disbursement made by a money transfer technique other than a check or draft and classify the disbursement by state fund; and verify at the end of each week the amounts shown by the treasurer's secretary's records to represent total cash balance and cash balances of individual state funds by comparing said amounts with corresponding balances appearing on records maintained by the department of administration.

SB44, s. 60 Section 60. 14.58 (8) (intro.) and (a) to (c) of the statutes are renumbered 16.401 (7) (intro.) and (a) to (c).

SB44, s. 61 Section 61. 14.58 (8) (d) of the statutes is repealed.

SB44, s. 62 Section 62. 14.58 (9) of the statutes is renumbered 16.401 (8) and amended to read:

SB44,66,14 16.401 (8) Biennial Submit biennial report. On or before October 15 of each odd-numbered year, submit to the governor and the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report containing the same information required of departments and independent agencies under s. 15.04 (1) (d). The report shall also As part of the report submitted under s. 15.04 (1) (d), include a statement showing for each of the 2 preceding fiscal years the cash balance in each state fund at the beginning of the fiscal year, the aggregate amount of receipts credited, and the aggregate amount of disbursements charged to each said fund during the fiscal year and the resultant cash balance in each state fund at the end of the fiscal year. This statement shall further show as of the end of each said 2 fiscal years, at par, the aggregate value of securities held for each state fund and the aggregate value of securities held in trust or deposited for safekeeping, and shall show the manner in which the total cash balance was accounted for by listing the balances on deposit in each state account in a public depository, deducting from the total of such balances the aggregate amount of checks, share drafts , or other drafts outstanding and adding thereto the aggregate amount of cash and cash items in office.

SB44, s. 63 Section 63. 14.58 (10) of the statutes is renumbered 16.401 (9) and amended to read:

SB44,66,23 16.401 (9) Report certain payments. Whenever the state treasurer secretary or any state department shall remit to any county, city, town, or village any sum in payment of a state aid or other item, the remitter shall transmit a statement of the amount and purpose thereof to the clerk of such municipality. After the receipt thereof, the clerk of such municipality shall present such statement at the next regular meeting of the governing body and shall thereafter file and keep such statement for 6 years.

SB44, s. 64 Section 64. 14.58 (12) of the statutes is renumbered 16.401 (10) and amended to read:

SB44,67,9 16.401 (10) Stamp checks and drafts. Cause to be plainly printed or stamped upon each check, share draft, and other draft issued by the state treasurer secretary the period of time, as determined by the state treasurer secretary but not to exceed one year, during which the check or other draft may be presented for payment. The state treasurer secretary shall cancel on his or her records any check or other draft that is not presented for payment within the prescribed time period and shall credit the amount thereof to the fund upon which it is drawn. Notice of such cancellation and credit shall be immediately submitted by the state treasurer to the department of administration.

SB44, s. 65 Section 65. 14.58 (13) of the statutes is renumbered 16.401 (11) and amended to read:

SB44,67,25 16.401 (11) Services Provide services in connection with securities held in trust. Upon request therefor from any company, corporation, society, order, or association which that has securities on deposit with the treasurer secretary, in trust, mail to its address not to exceed 60 days before the same become due, any or all interest coupons; return to it any or all bonds, notes, or other deposits as they become due and are replaced by other securities; cut all interest coupons, make any endorsement of interest or otherwise on any such securities; and collect therefor from the company, corporation, society, order, or association making the request, a 25-cent fee for a single coupon cut, or for each entry of interest endorsed on a note or return of a bond, note, or other security, and a 10-cent fee for each additional coupon cut, or entry of interest endorsed on a note, bond, or other security, and may withhold any and all coupons cut or refuse endorsement of interest on securities until such fee is paid. Such fees shall be paid into the state treasury as a part of the general fund, and an extra charge may be required for postage or registered mail.

SB44, s. 66 Section 66. 14.58 (17) of the statutes is renumbered 16.401 (12) and amended to read:

SB44,68,8 16.401 (12) Safekeeping Hold safekeeping receipts for federal securities. Whenever any federal securities are purchased under authority of any law and the state treasurer secretary is custodian thereof the treasurer secretary may accept and hold safekeeping receipts of a federal reserve bank for such securities. Each such receipt shall be identified on its face with the name of the fund to which the securities described in the receipt belong.

SB44, s. 67 Section 67. 14.58 (18) of the statutes is renumbered 16.401 (13) and amended to read:

SB44,68,18 16.401 (13) Sale of investments. Whenever the department of administration draws a check, share draft, or other draft dated the next following business day upon a fund whose investment and collection is under the exclusive control of the investment board pursuant to s. 25.17 (1), and the receipts of the state treasurer are insufficient to permit a disbursement from said fund in the amount of such check, share draft, or other draft, the investment board shall sell investments owned by such fund for delivery in time to provide sufficient money to cover such check, share draft, or other draft on the date which that it bears.

SB44, s. 68 Section 68. 14.58 (19) of the statutes is renumbered 16.401 (14).

SB44, s. 69 Section 69. 14.58 (21) of the statutes is repealed.

SB44, s. 70 Section 70. 14.63 (11m) of the statutes is amended to read:

SB44,69,3 14.63 (11m) Financial aid calculations. The value of tuition units shall not be included in the calculation of a beneficiary's eligibility for state financial aid for higher education if the beneficiary notifies the higher educational aids board and the institution of higher education that the beneficiary is planning to attend that he or she is a beneficiary of a contract under this section and the contract owner agrees to release to the higher educational aids board and the institution of higher education information necessary for the calculation under this subsection.

SB44, s. 71 Section 71. 14.64 (8) of the statutes is amended to read:

SB44,69,13 14.64 (8) Financial aid calculations. The balance of a college savings account shall not be included in the calculation of a beneficiary's eligibility for state financial aid for higher education if the beneficiary notifies the higher educational aids board Board of Regents of the University of Wisconsin System and the eligible educational institution that the beneficiary is planning to attend that he or she is a beneficiary of a college savings account and if the account owner agrees to release to the higher educational aids board Board of Regents of the University of Wisconsin System and the eligible educational institution information necessary for the calculation under this subsection.

SB44, s. 72 Section 72. 14.65 (1) of the statutes is amended to read:

SB44,69,21 14.65 (1) The secretary of administration shall transfer from the tuition trust fund or the college savings program trust fund to the general fund an amount equal to the amount expended from the appropriations under s. 20.505 (9) (a), 1995 stats., and s. 20.585 (2) (a), 2001 stats., and s. 20.585 (2) (am), 2001 stats., when the secretary of administration determines that funds in the tuition trust fund or the college savings program trust fund are sufficient to make the transfer. The secretary of administration may make the transfer in installments.

SB44, s. 73 Section 73. 15.01 (2) of the statutes is amended to read:

SB44,70,8 15.01 (2) "Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the Wisconsin waterways commission which shall consist of 5 members, the parole commission which shall consist of 8 members, and the Fox River management commission which shall consist of 7 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a "commission", but is not a commission for purposes of s. 15.06. The parole commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06. The sentencing commission created under s. 15.105 (27) 15.145 (4) shall be known as a "commission" but is not a commission for purposes of s. 15.06 (1) to (4m), (7), and (9).

SB44, s. 74 Section 74. 15.03 of the statutes is amended to read:

SB44,70,25 15.03 Attachment for limited purposes. Any division, office, commission, council or board attached under this section to a department or independent agency or a specified division thereof shall be a distinct unit of that department, independent agency or specified division. Any division, office, commission, council or board so attached shall exercise its powers, duties and functions prescribed by law, including rule making, licensing and regulation, and operational planning within the area of program responsibility of the division, office, commission, council or board, independently of the head of the department or independent agency, but budgeting, program coordination and related management functions shall be performed under the direction and supervision of the head of the department or independent agency, except that with respect to the office of the commissioner of railroads, all personnel and biennial budget requests by the office of the commissioner of railroads shall be provided to the department of transportation as required under s. 189.02 (7) and shall be processed and properly forwarded by the public service commission without change except as requested and concurred in by the office of the commissioner of railroads.

SB44, s. 75 Section 75. 15.06 (1) (ar) of the statutes is repealed.

SB44, s. 76 Section 76. 15.06 (1) (bm) of the statutes is created to read:

SB44,71,5 15.06 (1) (bm) The tax appeals commissioner shall be nominated by the governor, and with the advice and consent of the senate, appointed for a 6-year term expiring on March 1 of an odd-numbered year.

SB44, s. 77 Section 77. 15.06 (1) (d) of the statutes is repealed.

SB44, s. 78 Section 78. 15.07 (1) (a) 1. of the statutes is repealed.

SB44, s. 79 Section 79. 15.07 (1) (b) 5. of the statutes is amended to read:

SB44,71,9 15.07 (1) (b) 5. Savings and loan institutions review board.

SB44, s. 80 Section 80. 15.07 (1) (b) 18. of the statutes is repealed.

SB44, s. 81 Section 81. 15.07 (2) (k) of the statutes is repealed.

SB44, s. 82 Section 82. 15.07 (2) (L) of the statutes is amended to read:

SB44,71,15 15.07 (2) (L) The governor shall serve as chairperson of the information technology management board and the chief information officer the secretary of administration or his or her designee shall serve as secretary of that board.

SB44, s. 83 Section 83. 15.07 (2) (m) of the statutes is created to read:

SB44,71,18 15.07 (2) (m) The chairperson of the state prosecutor's board shall be designated annually by the governor.

SB44, s. 84 Section 84. 15.07 (5) (g) of the statutes is amended to read:

SB44,71,21 15.07 (5) (g) Members of the savings and loan institutions review board, $10 per day.

SB44, s. 85 Section 85. 15.07 (5) (gm) of the statutes is repealed.

SB44, s. 86 Section 86. 15.103 (2) of the statutes is repealed.

SB44, s. 87 Section 87. 15.103 (3m) of the statutes is created to read:

SB44,72,2 15.103 (3m) Division of merit recruitment and selection. (a) There is created in the department of administration a division of merit recruitment and selection.

SB44,72,17 (b) The chief justice of the supreme court, the speaker of the assembly, the president of the senate, and two individuals appointed by the governor, one of whom may not be employed by the state, or their designees, shall compile a list of 3 qualified individuals to serve as the administrator of the division of merit recruitment and selection in the department of administration. The governor shall select an individual from this list to serve as administrator or the governor shall request that the chief justice of the supreme court, the speaker of the assembly, the president of the senate, and two individuals appointed by the governor, one of whom may not be employed by the state, or their designees, submit another list of 3 qualified individuals. The chief justice of the supreme court, the speaker of the assembly, the president of the senate, and two individuals appointed by the governor, one of whom may not be employed by the state, or their designees, shall continue to submit lists of 3 qualified individuals until such time that the governor selects an individual from a list. The individual selected shall be nominated by the governor and, with the advice and consent of the senate, appointed for a 5-year term.

SB44, s. 88 Section 88. 15.105 (1) of the statutes is repealed.

SB44, s. 89 Section 89. 15.105 (1m) of the statutes is created to read:

SB44,72,25 15.105 (1m) Office of commissioner of tax appeals. There is created an office of the commissioner of tax appeals which is attached to the department of administration under s. 15.03. The tax appeals commissioner shall be experienced in tax matters. The commissioner may not serve on or under any committee of a political party. The commissioner shall hold office until a successor is appointed and qualified.

SB44, s. 90 Section 90. 15.105 (4) of the statutes is amended to read:

SB44,73,8 15.105 (4) Public records board. There is created a public records board which is attached to the department of administration under s. 15.03. The public records board shall consist of the governor, the director of the historical society, the attorney general, the state auditor, and the director of the legislative council staff, or their designated representatives, and a representative of the small business community, a representative of a local unit of government the governing body of a municipality, as defined in s. 106.215 (1) (e) 281.59 (1) (c), and one other member.

SB44, s. 91 Section 91. 15.105 (6) of the statutes is created to read:

SB44,73,12 15.105 (6) State prosecutors board. (a) There is created a state prosecutors board which is attached to the department of administration under s. 15.03 and which shall consist of eight district attorneys appointed by the governor.

SB44,73,14 (b) 1. Subject to subd. 2., the members of the state prosecutors board shall be appointed for 4-year terms.

SB44,73,16 2. A person may not serve as a member of the board if he or she ceases to hold the office of district attorney.

SB44,73,19 (c) Notwithstanding the provisions of any statute or ordinance, membership on the state prosecutors board does not disqualify a member from holding any other public office or employment.

SB44, s. 92 Section 92. 15.105 (11) of the statutes is repealed.

SB44, s. 93 Section 93. 15.105 (12) (e) of the statutes is repealed.

SB44, s. 94 Section 94. 15.105 (12) (f) of the statutes is amended to read:

SB44,73,24 15.105 (12) (f) Assistance. The executive director board may request any state agency to provide assistance necessary for the board to fulfill its duties.

SB44, s. 95 Section 95. 15.105 (25) of the statutes is repealed.

SB44, s. 96 Section 96. 15.105 (26) of the statutes is renumbered 15.155 (5), and 15.155 (5) (a) (intro.), as renumbered, is amended to read:

SB44,74,7 15.155 (5) (a) (intro.) There is created a volunteer fire fighter and emergency medical technician service award board that is attached to the department of administration commerce under s. 15.03. The board shall consist of the secretary of administration commerce or his or her designee and the following members appointed for 3-year terms:

SB44, s. 97 Section 97. 15.105 (27) of the statutes is renumbered 15.145 (4), and 15.145 (4) (a) (intro.), as renumbered, is amended to read:

SB44,74,12 15.145 (4) (a) Creation; membership. (intro.) There is created a sentencing commission that is attached to the department of administration corrections under s. 15.03 and that shall consist of the following members:

SB44, s. 98 Section 98. 15.107 (7) (f) of the statutes is amended to read:

SB44,74,15 15.107 (7) (f) A representative of the department of electronic government administration.

SB44, s. 99 Section 99. 15.13 of the statutes is amended to read:

SB44,74,23 15.13 Department of agriculture, trade and consumer protection; creation. There is created a department of agriculture, trade and consumer protection under the direction and supervision of the board of agriculture, trade and consumer protection. The board shall consist of 7 9 members with an agricultural background and 2 members who are consumer representatives, appointed for staggered 6-year terms. Appointments to the board shall be made without regard to party affiliation, residence or interest in any special organized group.

SB44, s. 100 Section 100. 15.137 (1) (a) (intro.) of the statutes is amended to read:

SB44,75,4 15.137 (1) (a) (intro.) There is created in the department of agriculture, trade and consumer protection an agricultural producer security council consisting of the following members appointed by the secretary of agriculture, trade, and rural resources for 3-year terms:

SB44, s. 101 Section 101. 15.16 (1) (intro.) of the statutes is amended to read:

SB44,75,9 15.16 (1) Employee trust funds board. (intro.) The employee trust funds board shall consist of the governor or the governor's designee on the group insurance board, the secretary of employment relations administration or the secretary's designee and 11 persons appointed or elected for 4-year terms as follows:

SB44, s. 102 Section 102. 15.165 (2) of the statutes is amended to read:

SB44,75,19 15.165 (2) Group insurance board. There is created in the department of employee trust funds a group insurance board. The board shall consist of the governor, the attorney general, the secretary of administration, the secretary of employment relations and the commissioner of insurance or their designees, and 5 persons appointed for 2-year terms, of whom one shall be an insured participant in the Wisconsin retirement system who is not a teacher, one shall be an insured participant in the Wisconsin retirement system who is a teacher, one shall be an insured participant in the Wisconsin retirement system who is a retired employee, and one shall be an insured employee of a local unit of government.

SB44, s. 103 Section 103. 15.17 of the statutes is repealed.

SB44, s. 104 Section 104. 15.173 of the statutes is repealed.

SB44, s. 105 Section 105. 15.175 (title) of the statutes is repealed.

SB44, s. 106 Section 106. 15.175 (1) of the statutes is renumbered 15.105 (25m) and amended to read: