SECTION 6. 76.24 (2) (bm) of the statutes is created to read:
76.24 (2) (bm) If the state is compelled to refund in whole or in part any of the taxes which have been distributed to municipalities under par. (am), the municipalities shall repay to the state, for deposit in the general fund, the amount of such tax received by them, and the department of administration shall certify the amounts to be repaid to the state to the county clerks of the counties in which the municipalities are located for levy and collection from the municipalities as other state taxes are levied and collected.
SECTION 9441. Effective dates; revenue.
(1) OIL PIPELINE TERMINAL TAX DISTRIBUTIONS. The treatment of sections 20.855 (4) (bm) and (q), 76.16, and 76.24 (a), (am), and (bm) of the statutes takes effect on January 1, 2006.
(End)
LRB-0955LRB-0955/10
CMH/RAC:jld/wlj/kjf:rs
2005 - 2006 LEGISLATURE
DOA:......Rhodes, BB0252 - Attorney consolidation; transfer to DOA
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
State government
Other state government
This bill creates a division of legal services in DOA that is authorized to provide legal services to executive branch agencies. With certain exceptions, this bill transfers all attorney positions and all legal staff positions in executive branch agencies to the division of legal services effective on January 1, 2006. This bill also transfers all positions identified as hearing examiners, hearing officers, or administrative law judges, other than such positions in DWD, to the division of hearings and appeals in DOA. Attorney positions in DOJ, except for two attorney positions with tax-litigating duties, the Office of the State Public Defender, the PSC, the UW System, the Employment Relations Commission, the State of Wisconsin Investment Board, the Elections Board, the Ethics Board, and the Office of the Governor are exempt, as are all state employees working in an office of a district attorney. In addition, the bill retains a general counsel or lead attorney position in each of 17 major state agencies and offices.
Under this bill, executive branch agencies that are authorized or required to employ or retain an attorney may do so only in the following ways: (1) employ an attorney in a position authorized by law, (2) contract with DOA for legal services, (3) allow DOJ to furnish legal services if DOJ is required by law to furnish the services, (4) allow or contract with the division of hearings and appeals to furnish legal services if the division of hearings and appeals is required or authorized by law to furnish the services, or (5) employ or retain any attorney who is not a state employee subject to the approval of the governor.
This bill also requires the secretary of administration to lapse or transfer to the general fund from the unencumbered balances of agency appropriations, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $724,900 during the 2005-07 fiscal biennium. The secretary of administration shall lapse or transfer these moneys from allocations for agency legal services that would have been provided in that fiscal biennium with funding from those appropriations.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 15.04 (4) of the statutes is created to read:
15.04 (4) LEGAL SERVICES. If a department or independent agency is authorized or required to employ or retain an attorney, the department or independent agency may do so only in the following ways:
(a) Employ an attorney in a position authorized under s. 16.505.
(b) Contract with the department of administration for legal services under s. 16.004 (15).
(c) Allow the department of justice to furnish legal services if the department of justice is required by law to furnish the services.
(d) 1. Allow the division of hearings and appeals created under s. 15.103 (1) to furnish legal services if the division of hearings and appeals is required or authorized by law to furnish the services.
2. Contract under s. 227.43 (1m) for contested case hearing services with the division of hearings and appeals if the department or independent agency is not prohibited by law to do so.
(e) Employ or retain any attorney who is not a state employee subject to s. 20.930.
SECTION 2. 15.103 (1g) of the statutes is created to read:
15.103 (1g) DIVISION OF LEGAL SERVICES. There is created in the department of administration a division of legal services. The administrator of the division shall be appointed by the secretary of administration in the unclassified service.
SECTION 3. 16.004 (15) of the statutes is created to read:
16.004 (15) LEGAL SERVICES. (a) In this subsection, "state agency" means an office, commission, department, independent agency, or board in the executive branch of state government, and includes the building commission.
(b) The department may provide legal services to state agencies. Annually, the department shall assess each state agency for the cost of the legal services provided to the state agency. The department shall credit all moneys received from state agencies under this paragraph to the appropriation account under s. 20.505 (1) (kr).
(c) An attorney employed by the department may prosecute or defend any action brought by or against the state in any matter relating to tax litigation.
SECTION 4. 20.505 (1) (kr) of the statutes is created to read:
20.505 (1) (kr) Legal services. All moneys received from assessments levied against state agencies under s. 16.004 (15) (b) for legal services provided by the department of administration to be used for providing those legal services.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 5. 73.01 (4) (b) of the statutes is amended to read:
73.01 (4) (b) Any matter required to be heard by the commission may be heard by any member of the commission or its a hearing examiner and reported to the commission, and hearings of matters pending before it shall be assigned to members of the commission or its the hearing examiner by the chairperson. Cases other than small claims cases shall be decided by the full commission, except that if one or more members of the commission are unavailable, cases other than small claims cases shall be decided by the member or members assigned by the chairperson prior to the hearing. If the parties have agreed to an oral decision, the member or members conducting the hearing may render an oral decision. Hearings shall be open to the public and all proceedings shall be conducted in accordance with rules of practice and procedure prescribed by the commission. Small claims cases shall be decided by one commissioner assigned by the chairperson prior to the hearing.
SECTION 6. 73.01 (4m) (b) of the statutes is amended to read:
73.01 (4m) (b) No member of the commission, including the chairperson, or its a hearing examiner may receive any salary unless he or she first executes an affidavit at the end of each salary period stating that he or she has complied with the deadlines in par. (a). The affidavit shall be presented to and filed with every official who certifies, in whole or in part, the salary.
SECTION 7. 73.01 (4m) (c) of the statutes is amended to read:
73.01 (4m) (c) If a member of the commission, including the chairperson, or its a hearing examiner is unable to comply with the deadline under par. (a), that person shall so certify in the record, and the period is then extended for one additional period not to exceed 90 days.
SECTION 8. 85.013 (2) (a) of the statutes is amended to read:
85.013 (2) (a) The secretary shall designate employees of the department as hearing examiners to preside over all hearings arising under ch. 344.
SECTION 9. 230.08 (2) (e) 1. of the statutes is amended to read:
230.08 (2) (e) 1. Administration -- 13 14.
SECTION 10. 230.08 (2) (eg) of the statutes is created to read:
230.08 (2) (eg) A general counsel position in each of the following agencies:
1. Department of administration.
2. Department of agriculture, trade, and rural resources.
3. Department of commerce.
4. Department of corrections.
5. Department of financial institutions.
6. Department of health and family services.
7. Department of natural resources.
8. Department of regulation and licensing.
9. Department of revenue.
10. Department of transportation.
11. Department of workforce development.
12. Office of the commissioner of insurance.
SECTION 11. 343.33 (2) of the statutes is amended to read:
343.33 (2) Upon the hearing, the department or its a hearing examiner may administer oaths, issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. No law enforcement officer or other witness produced by the person who has requested a hearing to testify on his or her behalf shall be paid a witness fee by the department nor shall any law enforcement officer called to appear for the department be paid any witness fee. All testimony shall be taken and transcribed.
SECTION 9155. Nonstatutory provisions; other.
(1) TRANSFER OF ATTORNEY AND LEGAL STAFF POSITIONS.
(a) Definitions. In this subsection:
1. "Legal staff" means the individuals as determined by the secretary of administration who provide support services for attorneys.
2. "State agency" means an office, commission, department, independent agency, or board in the executive branch of state government, except the following:
a. The public service commission.
b. The public defender board.
c. The Board of Regents of the University of Wisconsin System.
d. The University of Wisconsin Hospitals and Clinics Board.
e. The state of Wisconsin investment board.
f. The office of the governor.
g. The elections board.
h. The ethics board.
i. The department of justice.
j. The employment relations commission.
(b) State agency attorneys and legal staff. Except as provided in paragraph (d) and subject to paragraph (e), on the effective date of this paragraph all attorney positions in state agencies and all legal staff positions in state agencies are transferred to the division of legal services in the department of administration.
(c) Department of justice tax litigation attorneys. On the effective date of this paragraph, 2 attorney positions in the department of justice with duties entailing tax litigation are transferred to the division of legal services in the department of administration. The secretary of administration shall identify the positions to be transferred.
(d) Hearing officers, hearing examiners, and administrative law judges.
1. Except as provided in subdivision 2. and subject to paragraph (e), on the effective date of this subdivision all positions identified by the secretary of administration as hearing officers, hearing examiners, or administrative law judges are transferred to the division of hearings and appeals in the department of administration.
2. Subdivision 1. does not apply to hearing officers, hearing examiners, or administrative law judges in the department of workforce development.
(e) Exceptions. Paragraphs (b) and (d) do not apply to any of the following:
1. State employees working in an office of a district attorney under section 978.12 (1) (b) or (c) of the statutes.
2. One lead attorney in the office of state employment relations whose duties include the negotiation and interpretation of collective bargaining agreements entered into under subchapter V of chapter 111.
3. One attorney position in each of the following state agencies, identified by the secretary of administration as the general counsel or lead attorney position:
a. Department of administration.
b. Department of agriculture, trade, and rural resources.
c. Department of commerce.
d. Department of corrections.
e. Department of employee trust funds.
