AB75: Bill Text

AB75, s. 54 Section 54. 16.18 (5) of the statutes is amended to read:

AB75,101,25 16.18 (5) No county may receive a grant under this section in an amount exceeding $500,000 $600,000 in any state fiscal year.

AB75, s. 55 Section 55. 16.19 of the statutes is amended to read:

AB75,102,8 16.19 Civil legal services for the indigent. Annually, the department shall pay the amount appropriated under s. 20.505 (1) (e) (jc) to the Wisconsin Trust Account Foundation, Inc., to provide civil legal services to indigent persons. The Wisconsin Trust Account Foundation, Inc., shall distribute the amount received as grants to programs that provide civil legal services to indigent persons, and those programs may use the grant funds to match other federal and private grants. The grants may be used only for the purposes for which the funding was provided.

AB75, s. 56 Section 56. 16.26 of the statutes is renumbered 196.3742 and amended to read:

AB75,102,16 196.3742 Weatherization Federal weatherization assistance. Notwithstanding s. 16.54 (2) (a), the department commission shall administer federal funds available to this state under the weatherization assistance for low-income persons program, as amended, 42 USC 6861 to 6873. The department commission shall administer the funds in accordance with 42 USC 6861 to 6873 and regulations adopted under 42 USC 6861 or 6873.

AB75, s. 57 Section 57. 16.27 (title) of the statutes is renumbered 196.3744 (title) and amended to read:

AB75,102,19 196.3744 (title) Low-income Federal low-income energy assistance.

AB75, s. 58 Section 58. 16.27 (1) of the statutes is renumbered 196.3744 (1), and 196.3744 (1) (e), as renumbered, is amended to read:

AB75,103,3 196.3744 (1) (e) "Low-income warm room program volunteer" means a person who is eligible for assistance under 42 USC 8621 to 8629, whose dwelling, in comparison to the dwellings of other persons eligible for assistance under 42 USC 8621 to 8629, has a high ratio of space to occupant, and who volunteers to take the training under sub. (2) (b) and to cooperate with the department commission in the installation and operation of low-income warm room program materials in his or her dwelling.

AB75, s. 59 Section 59. 16.27 (2) of the statutes is renumbered 196.3744 (2) and amended to read:

AB75,103,9 196.3744 (2) Administration. (a) The department commission shall administer low-income energy assistance as provided in this section to assist an eligible household to meet the costs of home energy with low-income home energy assistance benefits authorized under 42 USC 8621 to 8629.

AB75,103,15 (b) The department commission shall administer a low-income warm room program to install low-income warm room program materials in the dwellings of low-income warm room program volunteers and to train the low-income warm room program volunteers and the members of each low-income warm room program volunteer's household in the operation of the low-income warm room program materials to achieve maximum health and heating efficiency.

AB75, s. 60 Section 60. 16.27 (3) (am) (intro.), 2., 3., 4. and 5. (intro.) of the statutes, as affected by 2009 Wisconsin Act .... (this act), are renumbered 196.3744 (3) (am) (intro.), 2., 3., 4. and 5. (intro.) and amended to read:

AB75,103,21 196.3744 (3) (am) (intro.) Subject to s. 16.54 (2), the department commission shall do all of the following, within the limits of the availability of federal funds received under 42 USC 8621 to 8629:

AB75,103,24 2. By October 1 of every year from the appropriation under s. 20.505 (1) (mb) 20.155 (3) (m), determine the total amount available for payment of heating assistance under sub. (6) and determine the benefit schedule.

AB75,104,3 3. From the appropriation under s. 20.505 (1) (mb) 20.155 (3) (m), allocate $1,100,000 in each federal fiscal year for the department's commission's expenses in administering the funds to provide low-income energy assistance under this section.

AB75,104,7 4. From the appropriation under s. 20.505 (1) 20.155 (3) (n), allocate $2,900,000 in each federal fiscal year for the expenses of a county department, another local governmental agency, or a private nonprofit organization in administering under sub. (4) the funds to provide low-income energy assistance under this section.

AB75,104,8 5. (intro.) From the appropriation under s. 20.505 (1) (mb) 20.155 (3) (m):

AB75, s. 61 Section 61. 16.27 (3) (am) 5. c., f. and g. of the statutes, as affected by 2009 Wisconsin Act .... (this act), are renumbered 196.3744 (3) (am) 5. c., f. and g., and 196.3744 (3) (am) 5. f. and g., as renumbered, are amended to read:

AB75,104,16 196.3744 (3) (am) 5. f. If federal 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, submit a plan of expenditure under s. 16.54 (2) (b) of the funds to the joint committee on finance. The commission may not use the funds unless the committee approves the plan.

AB75,104,19 g. By October 1 of each year, allocate funds budgeted but not spent and any funds remaining from previous fiscal years to heating assistance under sub. (6) or to the weatherization assistance program under s. 16.26 196.3742.

AB75, s. 62 Section 62. 16.27 (3) (intro.), (b), (c), (d) and (e) (intro.) of the statutes are renumbered 16.27 (3) (am) (intro.), 2., 3., 4. and 5. (intro.).

AB75, s. 63 Section 63. 16.27 (3) (bm) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 196.3744 (3) (bm) and amended to read:

AB75,105,7 196.3744 (3) (bm) Subject to s. 16.54 (2), the department commission may, after deducting the costs of administering the program under s. 16.26 196.3742, and within the limits of the availability of federal funds received under 42 USC 8621 to 8629, allocate and transfer from the appropriation under s. 20.505 (1) (mb) 20.155 (3) (m) to the appropriation under s. 20.505 (1) (kn) 20.155 (3) (n), 15% of the moneys received under 42 USC 8621 to 8629 in each federal fiscal year under the priority of maintaining funding for the geographical areas on July 20, 1985, and, if funding is reduced, prorating contracted levels of payment, for the program under s. 16.26 196.3742.

AB75, s. 64 Section 64. 16.27 (3) (e) 1. of the statutes is renumbered 16.27 (3) (bm) and amended to read:

AB75,105,18 16.27 (3) (bm) Allocate Subject to s. 16.54 (2), the department may, after deducting the costs of administering the program under s. 16.26, and within the limits of the availability of federal funds received under 42 USC 8621 to 8629, allocate and transfer from the appropriation under s. 20.505 (1) (mb) to the appropriation under s. 20.505 (1) (kn) (n), 15% of the moneys received under 42 USC 8621 to 8629 in each federal fiscal year under the priority of maintaining funding for the geographical areas on July 20, 1985, and, if funding is reduced, prorating contracted levels of payment, for the weatherization assistance program administered by the department under s. 16.26.

AB75, s. 65 Section 65. 16.27 (3) (e) 3., 6. and 7. of the statutes are renumbered 16.27 (3) (am) 5. c., f. and g., and 16.27 (3) (am) 5. c., as renumbered, is amended to read:

AB75,105,25 16.27 (3) (am) 5. c. Except as provided under subd. 6. 5. f., allocate the balance of funds received under 42 USC 8621 to 8629 in a federal fiscal year, after making the allocations under pars. (c) and (d) and subd. 1. subds. 3. and 4. and par. (bm), for the payment of heating assistance or for the payment of crisis assistance under sub. (6).

AB75, s. 66 Section 66. 16.27 (4) of the statutes is renumbered 196.3744 (4) and amended to read:

AB75,106,9 196.3744 (4) Application procedure. (a) A household may apply after September 30 and before May 16 of any year for heating assistance from the county department under s. 46.215 (1) (n) or 46.22 (1) (b) 4m. a. to e. or from another local governmental agency or a private nonprofit organization with which the department commission contracts to administer the heating assistance program, and shall have the opportunity to do so on a form prescribed by the department commission for that purpose.

AB75,106,14 (b) If by February 1 of any year the number of households applying under par. (a) substantially exceeds the number anticipated, the department commission may reduce the amounts of payments made under sub. (6) made after that date. The department commission may suspend the processing of additional applications received until the department commission adjusts benefit amounts payable.

AB75, s. 67 Section 67. 16.27 (5) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 196.3744 (5).

AB75, s. 68 Section 68. 16.27 (5) (c) of the statutes is amended to read:

AB75,106,21 16.27 (5) (c) A household entirely composed of persons receiving aid to families with dependent children under s. 49.19, food stamps under 7 USC 2011 to 2029 2036, or supplemental security income or state supplemental payments under 42 USC 1381 to 1383c or s. 49.77.

AB75, s. 69 Section 69. 16.27 (5) (e) of the statutes is created to read:

AB75,107,2 16.27 (5) (e) A household that is not eligible under par. (c) that includes at least one person who is eligible for food stamps under 7 USC 2011 to 2036, excluding any household in an institution, as defined by the department of health services by rule. Notwithstanding sub. (6), a household under this paragraph shall be eligible for a heating assistance benefit of not more than $1.

AB75, s. 70 Section 70. 16.27 (6) of the statutes is renumbered 196.3744 (6) and amended to read:

AB75,107,9 196.3744 (6) Benefits. Within the limits of federal funds allocated under sub. (3) and subject to the requirements of sub. subs. (4) (b) and s. 16.54 (2) (b) (6m), heating assistance shall be paid under this section according to a benefit schedule established by the department commission based on household income, family size and energy costs.

AB75, s. 71 Section 71. 16.27 (7) of the statutes is renumbered 196.3744 (7).

AB75, s. 72 Section 72. 16.27 (8) of the statutes is renumbered 196.3744 (8) and amended to read:

AB75,107,20 196.3744 (8) Crisis assistance program. A household eligible for heating assistance under sub. (6) may also be eligible for a crisis assistance payment to meet a weather-related or fuel supply shortage crisis. The department commission shall define the circumstances constituting a crisis for which a payment may be made and shall establish the amount of payment to an eligible household or individual. The department commission may delegate a portion of its responsibility under this subsection to a county department under s. 46.215 or 46.22 or to another local governmental agency or a private nonprofit organization.

AB75, s. 73 Section 73. 16.27 (9) of the statutes is renumbered 196.3744 (9) and amended to read:

AB75,108,7 196.3744 (9) Notice of utility disconnection required. Any public utility, as defined in s. 196.01 (5), or any fuel distributor furnishing heat, light or power to a residential customer shall provide written notice of intent to disconnect or discontinue service during the months of November to April and shall include information concerning any federal, state or local program that provides assistance for fuel or home heating bills. The department commission shall provide printed information at no cost upon request to any fuel distributor serving residential customers except public utilities. The information shall describe the nature and availability of any federal, state or local program that provides assistance for fuel or home heating bills.

AB75, s. 74 Section 74. 16.41 (4) of the statutes is amended to read:

AB75,108,10 16.41 (4) In this section, "authority" means a body created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 52, 231, 233, 234, 237, or 279.

AB75, s. 75 Section 75. 16.417 (1) (b) of the statutes is amended to read:

AB75,108,13 16.417 (1) (b) "Authority" means a body created under subch. II of ch. 114 or ch. 52, 231, 232, 233, 234, 235, 237, or 279.

AB75, s. 76 Section 76. 16.42 (1) (f) of the statutes is repealed.

AB75, s. 77 Section 77. 16.42 (3) of the statutes is created to read:

AB75,108,20 16.42 (3) In formulating the 2011-13 biennial budget bill, the secretary shall assume that the base level of funding for general equalization aid distributed to school districts from the appropriation under s. 20.255 (2) (ac) in the 2011-13 fiscal biennium is the sum of the amounts appropriated under s. 20.255 (2) (ac) and (p) in the 2010-11 fiscal year.

AB75, s. 78 Section 78. 16.42 (4) of the statutes is created to read:

AB75,108,24 16.42 (4) In formulating the biennial budget bill, the secretary shall assume that the base level of funding for the appropriation under s. 20.435 (4) (b) beginning in fiscal years 2011-2012 and 2012-2013 is $1,564,356,500.

AB75, s. 79 Section 79. 16.423 of the statutes is repealed.

AB75, s. 80 Section 80. 16.45 of the statutes is amended to read:

AB75,109,11 16.45 Budget message to legislature. In each regular session of the legislature, the governor shall deliver the budget message to the 2 houses in joint session assembled. Unless a later date is requested by the governor and approved by the legislature in the form of a joint resolution, the budget message shall be delivered on or before the last Tuesday in January of the odd-numbered year. With the message the governor shall transmit to the legislature, as provided in ss. 16.46 and 16.47, the biennial state budget report and the executive budget bill or bills together with suggestions for the best methods for raising the needed revenues. The governor may distribute the biennial state budget report in printed or optical disk format or post the biennial state budget report on the Internet.

AB75, s. 81 Section 81. 16.46 (intro.) of the statutes is amended to read:

AB75,109,18 16.46 Biennial budget, contents. (intro.) The biennial state budget report shall be prepared by the secretary, under the direction of the governor, and a copy of a budget-in-brief thereof shall be furnished to each member of the legislature or posted on the Internet on the day of the delivery of the budget message. The biennial state budget report shall be furnished to each member of the legislature or posted on the Internet on the same day and shall contain the following information:

AB75, s. 82 Section 82. 16.46 (5g) of the statutes is repealed.

AB75, s. 83 Section 83. 16.50 (3) (b) of the statutes is amended to read:

AB75,110,3 16.50 (3) (b) No change in the number of full-time equivalent positions authorized through the biennial budget process or other legislative act may be made without the approval of the joint committee on finance, except for position changes made by the governor under s. 16.505 (1) (c) or (2), by the secretary of employee trust funds under s. 16.505 (2e), by the secretary of administration under s. 16.505 (2g), by the University of Wisconsin Hospitals and Clinics Board under s. 16.505 (2n), or by the board of regents of the University of Wisconsin System under s. 16.505 (2m) or (2p).

AB75, s. 84 Section 84. 16.50 (3) (e) of the statutes is amended to read:

AB75,110,7 16.50 (3) (e) No pay increase may be approved unless it is at the rate or within the pay ranges prescribed in the compensation plan or as provided in a collective bargaining agreement under subch. V or VI of ch. 111.

AB75, s. 85 Section 85. 16.50 (5) of the statutes is amended to read:

AB75,110,19 16.50 (5) Disbursements. The secretary may not draw a warrant for payment of any expenditures incurred by any department nor may any department make any expenditure for which the approval of the secretary or the governor is necessary under this section, including any expenditure under s. 20.867, unless the expenditure was made in accordance with an estimate submitted to and approved by the secretary or by the governor. In the event that the secretary determines that previously authorized expenditures will exceed revenues in the current or forthcoming fiscal year by more than 0.5% 2 percent of the estimated general purpose revenue appropriations for that fiscal year, he or she may not decline to approve an estimate or to draw a warrant under this subsection, but shall instead proceed under sub. (7).

AB75, s. 86 Section 86. 16.50 (7) (a) of the statutes is amended to read:

AB75,111,2 16.50 (7) (a) If following the enactment of the biennial budget act in any biennium the secretary determines that previously authorized expenditures will exceed revenues in the current or forthcoming fiscal year by more than one-half of one 2 percent of the estimated general purpose revenue appropriations for that fiscal year, he or she may not take any action under sub. (2) and shall immediately notify the governor, the presiding officers of each house of the legislature and the joint committee on finance.

AB75, s. 87 Section 87. 16.501 of the statutes is repealed.

AB75, s. 88 Section 88. 16.505 (1) (intro.) of the statutes is amended to read:

AB75,111,7 16.505 (1) (intro.) Except as provided in subs. (2), (2e), (2g), (2m), (2n), and (2p) and s. 16.004 (15) (c), no position, as defined in s. 230.03 (11), regardless of funding source or type, may be created or abolished unless authorized by one of the following:

AB75, s. 89 Section 89. 16.505 (2e) of the statutes is created to read:

AB75,111,21 16.505 (2e) (a) The secretary of employee trust funds may create or abolish a full-time equivalent position or portion thereof that is funded from revenues deposited in the public employee trust fund by notifying the governor and the joint committee on finance in writing of his or her proposed action. If, within 14 working days after the date of the secretary's notification, the governor does not object to the proposed action and if the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed action within 14 working days after the date of the secretary's notification, the position changes may be made as proposed by the secretary. If the governor objects to the proposed action within 14 working days after the date of the secretary's notification or the cochairpersons notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed action, the position changes may be made only upon approval of the committee.

AB75,111,24 (b) If a full-time equivalent position or portion thereof is created under par. (a), the appropriation that is used to pay salary and fringe benefit costs for the position is supplemented to cover the salary and fringe benefit costs for the position.

AB75,112,3 (c) The secretary of employee trust funds shall submit a quarterly report to the employee trust funds board, the governor, and the joint committee on finance of any position changes made under this subsection.

AB75, s. 90 Section 90. 16.505 (2g) of the statutes is created to read:

AB75,112,7 16.505 (2g) (a) In this subsection, "executive branch state agency" means any office, department, or independent agency in the executive branch of state government.

AB75,112,10 (b) The secretary may abolish any full-time equivalent position or portion thereof in any executive branch state agency if that position has been vacant for more than 12 months.

AB75,112,19 (c) Notwithstanding s. 20.001 (3) (a) to (c), the secretary shall lapse from each sum certain appropriation made to an executive branch state agency from any revenue source except program revenue, federal revenue, or segregated revenue derived from specific program receipts, or shall reestimate to subtract from the expenditure estimate for each appropriation other than a sum certain appropriation made to an executive branch state agency from any revenue source, the amount expended from the appropriations by that executive branch state agency for annual salary and fringe benefit costs for the vacant positions abolished by the secretary under par. (b).

AB75, s. 91 Section 91. 16.505 (2m) of the statutes is amended to read:

AB75,113,7 16.505 (2m) The board of regents of the University of Wisconsin System may create or abolish a full-time equivalent position or portion thereof from revenues appropriated under s. 20.285 (1) (gs), (h), (ip), (iz), (j), (kc), (m), (n), or (u) (q) to (w) or (3) (iz) or (n) and may create or abolish a full-time equivalent position or portion thereof from revenues appropriated under s. 20.285 (1) (im) that are generated from increased enrollment and from courses for which the academic fees or tuition charged equals the full cost of offering the courses. No later than the last day of the month following completion of each calendar quarter, the board of regents shall report to the department and the cochairpersons of the joint committee on finance concerning the number of full-time equivalent positions created or abolished by the board under this subsection during the preceding calendar quarter and the source of funding for each such position.

AB75, s. 92 Section 92. 16.506 of the statutes is created to read:

AB75,113,12 16.506 Reassignment of employees in state agencies for purposes of efficiency and effectiveness of state operations. (1) In this section, "state agency" means any office, department, or independent agency in the executive branch of state government, and includes the building commission.

AB75,113,15 (2) If the secretary determines that state operations may be performed more efficiently and effectively by the reassignment of employees among state agencies, the secretary may reassign employees from one state agency to another state agency.