SECTION 14. 25.17 (1) (bw) of the statutes is created to read:
25.17 (1) (bw) County aid fund (s. 25.51).
SECTION 15. 25.415 of the statutes is created to read:
25.415 Affordable housing trust fund. There is established a separate nonlapsible trust fund designated as the affordable housing trust fund, to consist of moneys that may be transferred from the county aid fund under s. 20.855 (4) (vm).
SECTION 16. 25.51 of the statutes is created to read:
25.51 County aid fund. There is established a separate nonlapsible trust fund designated as the county aid fund consisting of the moneys the state receives under s. 77.24.
SECTION 17. 46.215 (2) (c) 3. of the statutes is amended to read:
46.215 (2) (c) 3. A county department of social services shall develop, under the requirements of s. 301.08 (2), plans and contracts for juvenile delinquency-related care and services to be purchased. The department of corrections may review the contracts and approve them if they are consistent with s. 301.08 (2) and if state or federal funds are available for such purposes. The joint committee on finance may require the department of corrections to submit the contracts to the committee for review and approval. The department of corrections may not make any payments to a county for programs included in a contract under review by the committee. The department of corrections shall reimburse each county for the contracts from the appropriations under s. 20.410 (3) (cd) and, (ko), and (r) as appropriate.
SECTION 18. 46.22 (1) (e) 3. c. of the statutes is amended to read:
46.22 (1) (e) 3. c. A county department of social services shall develop, under the requirements of s. 301.08 (2), plans and contracts for juvenile delinquency-related care and services to be purchased. The department of corrections may review the contracts and approve them if they are consistent with s. 301.08 (2) and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of corrections to submit the contracts to the committee for review and approval. The department of corrections may not make any payments to a county for programs included in the contract that is under review by the committee. The department of corrections shall reimburse each county for the contracts from the appropriations under s. 20.410 (3) (cd) and, (ko), and (r) as appropriate.
SECTION 19. 49.45 (6m) (br) 1. of the statutes is amended to read:
49.45 (6m) (br) 1. Notwithstanding s. 20.410 (3) (cd), (ko), or (r), 20.435 (4) (bt) or (7) (b), or 20.445 (3) (dz), the department shall reduce allocations of funds to counties in the amount of the disallowance from the appropriation account under s. 20.435 (4) (bt) or (7) (b), or the department shall direct the department of workforce development to reduce allocations of funds to counties or Wisconsin works agencies in the amount of the disallowance from the appropriation account under s. 20.445 (3) (dz) or direct the department of corrections to reduce allocations of funds to counties in the amount of the disallowance from the appropriation account under s. 20.410 (3) (cd), (ko), or (r) in accordance with s. 16.544 to the extent applicable.
SECTION 20. 77.22 (1) of the statutes is amended to read:
77.22 (1) There is imposed on the grantor of real estate a real estate transfer fee at the rate of 30 60 cents for each $100 of value or fraction thereof on every conveyance not exempted or excluded under this subchapter. In regard to land contracts the value is the total principal amount that the buyer agrees to pay the seller for the real estate. This fee shall be collected by the register at the time the instrument of conveyance is submitted for recording. Except as provided in s. 77.255, at the time of submission the grantee or his or her duly authorized agent or other person acquiring an ownership interest under the instrument, or the clerk of court in the case of a foreclosure under s. 846.16 (1), shall execute a return, signed by both grantor and grantee, on the form prescribed under sub. (2). The register shall enter the fee paid on the face of the deed or other instrument of conveyance before recording, and, except as provided in s. 77.255, submission of a completed real estate transfer return and collection by the register of the fee shall be prerequisites to acceptance of the conveyance for recording. The register shall have no duty to determine either the correct value of the real estate transferred or the validity of any exemption or exclusion claimed. If the transfer is not subject to a fee as provided in this subchapter, the reason for exemption shall be stated on the face of the conveyance to be recorded by reference to the proper subsection under s. 77.25.
SECTION 21. 77.24 of the statutes is amended to read:
77.24 Division of fee. Twenty Ten percent of all fees collected under this subchapter shall be retained by the county and the balance shall be transmitted to the state. Remittances shall be made monthly by the county treasurers to the department of revenue by the 15th day of the month following the close of the month in which the fee was collected. The remittance to the department shall be accompanied by the returns executed under s. 77.22. The state shall deposit all moneys received under this section into the county aid fund.
SECTION 22. 79.01 (2d) of the statutes is amended to read:
79.01 (2d) There is established an account in the general fund entitled the "County and Municipal Aid Account."
SECTION 23. 79.035 (1) of the statutes is amended to read:
79.035 (1) In 2004 and subsequent years, each county and municipality shall receive a payment from the county and municipal aid account in an amount determined under sub. (2).
SECTION 24. 301.26 (3) (c) of the statutes is amended to read:
301.26 (3) (c) Within the limits of the appropriations under s. 20.410 (3) (cd) and, (ko), and (r), the department shall allocate funds to each county for services under this section.
SECTION 25. 301.26 (3) (em) of the statutes is amended to read:
301.26 (3) (em) The department may carry forward any emergency funds allocated under sub. (7) (e) and not encumbered or carried forward under par. (dm) by December 31 to the next 2 calendar years. The department may transfer moneys from or within s. 20.410 (3) (cd), (ko), and (r) to accomplish this purpose. The department may allocate these transferred moneys to counties that are eligible for emergency payments under sub. (7) (e). The allocation does not affect a county's base allocation.
SECTION 26. 301.26 (4) (a) of the statutes is amended to read:
301.26 (4) (a) Except as provided in pars. (c) and (cm), the department of corrections shall bill counties or deduct from the allocations under s. 20.410 (3) (cd), (ko), and (r) for the costs of care, services and supplies purchased or provided by the department of corrections for each person receiving services under s. 48.366, 938.183 or 938.34 or the department of health and family services for each person receiving services under s. 46.057 or 51.35 (3). The department of corrections may not bill a county for or deduct from a county's allocation the cost of care, services and supplies provided to a person subject to an order under s. 48.366 or 938.183 after the person reaches 18 years of age. Payment shall be due within 60 days after the billing date. If any payment has not been received within 60 days, the department of corrections may withhold aid payments in the amount due from the appropriation under s. 20.410 (3) (cd).
SECTION 27. 301.26 (6) (a) of the statutes is amended to read:
301.26 (6) (a) The intent of this subsection is to develop criteria to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under s. 20.410 (3) (cd) and, (ko), and (r) for purposes described in this section.
SECTION 28. 301.26 (7) (cm) of the statutes is created to read:
301.26 (7) (cm) The department shall allocate the amounts specified in par. (a) that are derived from the appropriation under s. 20.410 (3) (r) to counties based on each county's proportion of the number of juveniles statewide who are placed in a juvenile correctional facility or a secured residential care center for children and youth during the most recent 3-year period for which that information is available.
SECTION 9341. Initial applicability; Revenue.
(1) REAL ESTATE TRANSFER FEE. The treatment of sections 77.22 (1) and 77.24 of the statutes first applies to conveyances that are recorded on the effective date of this subsection, but not to conveyances that are pursuant to a recorded land contract entered into before August 1, 1992.
SECTION 9441. Effective dates; Revenue.
(1) REAL ESTATE TRANSFER FEE. The treatment of section 77.22 (1) of the statutes and SECTION 9441 (1) of this act take effect on the first day of the 2nd month beginning after publication.
(2) COUNTY AID. The treatment of sections 20.835 (1) (db), (dc), and (q), 79.01 (2d), and 79.035 (1) of the statutes takes effect on July 1, 2008.
(End)
LRB-1182LRB-1182/P5
CMH&RAC:kjf:rs
2007 - 2008 LEGISLATURE
DOA:......Pawasarat, BB0250 - Attorney consolidation and transfer to DOA
For 2007-09 Budget -- Not Ready For Introduction
2007 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 July 1, 2008. 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, the Office of the State Public Defender, the PSC, the UW System, the Employment Relations Commission, the State of Wisconsin Investment Board, the Government Accountability 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 18 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.
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).
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 consumer protection.
2m. Department of children and families.
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.
****NOTE: This is reconciled s. 230.08 (2) (eg), which has been affected by LRB-1182/P2 and -1261.
SECTION 11. 343.33 (2) of the statutes is amended to read:
