AB40: Bill Text

AB40,99,18 16.004 (12) (a) In this subsection, "state agency" means an association, authority, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor, and the courts, but excluding the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin-Madison, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.

AB40, s. 188 Section 188. 16.004 (15) (bm) of the statutes is repealed.

AB40, s. 189 Section 189. 16.009 (1) (em) 6. of the statutes is amended to read:

AB40,99,21 16.009 (1) (em) 6. An adult family home, as defined in s. 50.01 (1) (a) or (b).

AB40, s. 190 Section 190. 16.04 (1) (intro.) of the statutes is amended to read:

AB40,99,25 16.04 (1) (intro.) The department shall ensure optimum efficiency and economy in the fleet management and maintenance activities of all agencies , as defined in s. 16.52 (7), other than the University of Wisconsin- Madison. The department may:

AB40, s. 191 Section 191. 16.04 (1) (a) of the statutes is amended to read:

AB40,100,6 16.04 (1) (a) Develop uniform state policies and guidelines for vehicle and aircraft acquisition, use, maintenance, recording of operational and other costs, performance evaluation and replacement of vehicles and aircraft. The department shall incorporate the fuel usage requirements policies under s. 16.045 (4m) in any policies or guidelines developed under this paragraph.

AB40, s. 192 Section 192. 16.045 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,100,14 16.045 (1) (a) "Agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 37, 52, 231, 232, 233, 234, 235, 237, 238, or 279.

AB40, s. 193 Section 193. 16.045 (1) (f) of the statutes is repealed.

AB40, s. 194 Section 194. 16.045 (2) of the statutes is amended to read:

AB40,100,21 16.045 (2) The department shall, whenever feasible , require and cost-effective, encourage agencies to store no motor fuel except gasohol or alternative fuel in facilities maintained by the agencies for the storage of fuel for and the refueling of state-owned or state-leased vehicles. This subsection does not authorize construction or operation of such facilities.

AB40, s. 195 Section 195. 16.045 (4) of the statutes is amended to read:

AB40,101,4 16.045 (4) The department shall require , whenever feasible and cost-effective, encourage all state employees to utilize hybrid-electric vehicles or vehicles that operate on gasohol or alternative fuel for all state-owned or state-leased motor vehicles whenever such utilization is feasible. However, the department shall not lease or purchase any hybrid-electric vehicle, or authorize the lease or purchase of any hybrid-electric vehicle, unless the manufacturer certifies to the department that final assembly of the vehicle occurred in the United States.

AB40, s. 196 Section 196. 16.045 (4m) (intro.) of the statutes is amended to read:

AB40,101,9 16.045 (4m) (intro.) The department shall require, whenever feasible and cost-effective, encourage all agencies to collectively reduce the usage of gasoline and diesel fuel in state-owned vehicles that is petroleum-based below the total amount that the agencies used in 2006 by at least the following percentages:

AB40, s. 197 Section 197. 16.045 (4m) (a) (intro.) and 1. of the statutes are consolidated, renumbered 16.045 (4m) (a) and amended to read:

AB40,101,12 16.045 (4m) (a) For gasoline: 1. Twenty , 20 percent by 2010 2015.

AB40, s. 198 Section 198. 16.045 (4m) (a) 2. of the statutes is repealed.

AB40, s. 199 Section 199. 16.045 (4m) (b) (intro.) and 1. of the statutes are consolidated, renumbered 16.045 (4m) (b) and amended to read:

AB40,101,16 16.045 (4m) (b) For diesel fuel: 1. Ten, 10 percent by 2010 2015.

AB40, s. 200 Section 200. 16.045 (4m) (b) 2. of the statutes is repealed.

AB40, s. 201 Section 201. 16.045 (5) of the statutes is amended to read:

AB40,102,2 16.045 (5) The department shall, whenever feasible and cost-effective, encourage distribution of gasohol and alternative fuels and usage of hybrid-electric vehicles or vehicles that operate on gasohol or alternative fuels by officers and employees who use personal motor vehicles on state business and by residents of this state generally. The department shall report to the appropriate standing committees under s. 13.172 (3) concerning distribution of gasohol and alternative fuels and usage of hybrid-electric vehicles and vehicles that operate on gasohol or alternative fuels in this state, no later than April 30 of each year.

AB40, s. 202 Section 202. 16.045 (6) of the statutes is repealed.

AB40, s. 203 Section 203. 16.15 (1) (ae) of the statutes is amended to read:

AB40,102,8 16.15 (1) (ae) "Cost of disposing of processed material" has the meaning given in s. 287.11 (2m) (a) 1 means the gross cost of transferring processed material to a solid waste disposal facility and disposing of the processed material in the facility, including any disposal costs not paid through fees charged by the facility.

AB40, s. 204 Section 204. 16.15 (1) (ah) of the statutes is amended to read:

AB40,102,14 16.15 (1) (ah) "Cost of selling processed material" has the meaning given in s. 287.11 (2m) (a) 2 means the net cost, including any storage costs, of selling processed material to a broker, dealer or manufacturing facility, plus any cost of transporting the processed material from the waste processing facility to the destination specified by the broker, dealer, or manufacturing facility.

AB40, s. 205 Section 205. 16.15 (1) (ar) of the statutes is amended to read:

AB40,102,18 16.15 (1) (ar) "Processed material" has the meaning given in s. 287.11 (2m) (a) 3 means a component of solid waste that has been collected, transported to a waste processing facility, and prepared for sale to a broker, dealer, or manufacturer.

AB40, s. 206 Section 206. 16.19 of the statutes is repealed.

AB40, s. 207 Section 207. 16.255 (1) (intro.) of the statutes is amended to read:

AB40,102,22 16.255 (1) (intro.) The department shall determine the factors to be considered in selecting a vendor of the program under s. 14.64 16.641, which shall include:

AB40, s. 208 Section 208. 16.255 (3) (d) of the statutes is amended to read:

AB40,102,25 16.255 (3) (d) That the vendor communicate to the beneficiary and account owner the requirements of s. 14.64 16.641 (8).

AB40, s. 209 Section 209. 16.257 of the statutes is repealed.

AB40, s. 210 Section 210. 16.27 (5) (c) of the statutes is amended to read:

AB40,103,6 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 2036, or supplemental security income or state supplemental payments under 42 USC 1381 to 1383c or s. 49.77 49.39.

AB40, s. 211 Section 211 . 16.27 (5) (c) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,103,12 16.27 (5) (c) A household entirely composed of persons receiving aid to families with dependent children under s. 49.19, food stamps supplemental nutrition assistance program benefits under 7 USC 2011 to 2036, or supplemental security income or state supplemental payments under 42 USC 1381 to 1383c or s. 49.39.

AB40, s. 212 Section 212. 16.27 (5) (e) of the statutes is amended to read:

AB40,103,19 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 supplemental nutrition assistance program benefits 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.

AB40, s. 213 Section 213. 16.28 of the statutes is created to read:

AB40,103,22 16.28 Office of business development. (1) The office of business development shall perform the functions determined by the secretary.

AB40,103,24 (2) The deputy director of the office shall be appointed by the governor to serve at his or her pleasure.

AB40, s. 214 Section 214. 16.40 (24) of the statutes is created to read:

AB40,104,4 16.40 (24) Ensure performance of a duty or satisfaction of an obligation transferred to the Wisconsin Housing and Economic Development Authority under 2011 Wisconsin Act .... (this act), section 9110 (1 ), if the Wisconsin Housing and Economic Development Authority fails to perform the duty or satisfy the obligation.

AB40, s. 215 Section 215. 16.41 (1) of the statutes is amended to read:

AB40,104,13 16.41 (1) All agencies shall keep their accounts and other financial records as prescribed by the secretary under s. 16.40 (5), except as otherwise specifically directed by law. All agencies and authorities and the University of Wisconsin-Madison shall furnish to the secretary all information relating to their financial transactions which the secretary requests pursuant to this subchapter for such periods as the secretary requests, and shall render such assistance in connection with the preparation of the state budget report and the budget bill and in auditing accounts, as the secretary or the governor may require.

AB40, s. 216 Section 216. 16.417 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 7, section 19, is amended to read:

AB40,104,21 16.417 (1) (a) "Agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority or the body created under subch. III of ch. 149 or under ch. 37 or 238.

AB40, s. 217 Section 217. 16.417 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 7, section 20, and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

AB40,105,4 16.417 (1) (a) "Agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority or the body created under subch. III of ch. 149 or under ch. 37.

AB40, s. 218 Section 218. 16.42 (1) (intro.) of the statutes is amended to read:

AB40,105,10 16.42 (1) (intro.) All agencies, other than including the University of Wisconsin-Madison but excluding the legislature and the courts, no later than September 15 of each even-numbered year, in the form and content prescribed by the department, shall prepare and forward to the department and to the legislative fiscal bureau the following program and financial information:

AB40, s. 219 Section 219. 16.505 (2m) of the statutes is amended to read:

AB40,105,23 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 (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.

AB40, s. 220 Section 220. 16.513 (1) of the statutes is amended to read:

AB40,106,5 16.513 (1) Each agency, including the University of Wisconsin-Madison, which has a program revenue appropriation or appropriation of segregated revenues from program receipts shall, at such times as required by the secretary, make quarterly reports to the department projecting the revenues and expenditures for the ensuing quarterly period under each such appropriation to the agency.

AB40, s. 221 Section 221. 16.513 (3) (a) of the statutes is amended to read:

AB40,106,14 16.513 (3) (a) If there are insufficient moneys, assets, or accounts receivable, as determined under s. 20.903 (2), that are projected by an agency , including the University of Wisconsin-Madison, or projected by the department under s. 16.40 (7) to cover anticipated expenditures under a program revenue appropriation or appropriation of segregated revenues from program receipts, the agency shall propose and submit to the department a plan to assure that there are sufficient moneys, assets, or accounts receivable to meet projected expenditures under the appropriation.

AB40, s. 222 Section 222. 16.528 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,106,22 16.528 (1) (a) "Agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 37, 52, 231, 233, 234, 237, 238, or 279.

AB40, s. 223 Section 223. 16.53 (2) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,107,9 16.53 (2) Improper invoices. If an agency receives an improperly completed invoice, the agency shall notify the sender of the invoice within 10 working days after it receives the invoice of the reason it is improperly completed. In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 37, 52, 231, 233, 234, 237, 238, or 279.

AB40, s. 224 Section 224. 16.53 (7) of the statutes is amended to read:

AB40,107,16 16.53 (7) Certification of boards, evidence of correctness of account. The certificate of the proper officers of the board of regents Board of Regents of the University of Wisconsin System, the Board of Trustees of the University of Wisconsin-Madison, the department of health services, or the proper officers of any other board or commission organized or established by the state, shall in all cases be evidence of the correctness of any account which may be certified by them.

AB40, s. 225 Section 225. 16.54 (8g) of the statutes is amended to read:

AB40,107,21 16.54 (8g) Subsections (1) to (8) do not apply to federal moneys made available to the board of regents Board of Regents of the University of Wisconsin System or the Board of Trustees of the University of Wisconsin-Madison for instruction, extension, special projects or emergency employment opportunities.

AB40, s. 226 Section 226. 16.54 (8r) (a) of the statutes is amended to read:

AB40,108,13 16.54 (8r) (a) Whenever the federal government makes available moneys for instruction, extension, special projects or emergency employment opportunities, the board of regents Board of Regents of the University of Wisconsin System and the Board of Trustees of the University of Wisconsin-Madison may accept the moneys on behalf of the state. The board of regents Board of Regents and the Board of Trustees shall, in the administration of the expenditure of such moneys, comply with the requirements of the act of congress making the moneys available and with the regulations prescribed by the federal government or the federal agency administering the act, insofar as the act or regulations are consistent with state law. The board of regents Board of Regents and the Board of Trustees may submit any plan, budget, application or proposal required by the federal agency as a precondition to receipt of the moneys. The board of regents Board of Regents and the Board of Trustees may, consistent with state law, perform any act required by the act of congress or the federal agency to carry out the purpose of the act of congress. The board of regents Board of Regents shall deposit all moneys received under this paragraph in the appropriation account under s. 20.285 (1) (m).

AB40, s. 227 Section 227. 16.54 (9) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,108,21 16.54 (9) (a) 1. "Agency" means an office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 37, 52, 231, 233, 234, 237, 238, or 279.

AB40, s. 228 Section 228. 16.54 (14) of the statutes is repealed.

AB40, s. 229 Section 229. 16.548 (1) of the statutes is amended to read:

AB40,109,4 16.548 (1) The department may maintain a federal-state relations office in Washington, D.C., for the purpose of promoting federal-state cooperation, headed by a director. The director and a staff assistant for the office shall be appointed by the governor outside the classified service, subject to the concurrence of the joint committee on legislative organization. The director and staff assistant shall serve at the pleasure of the governor.

AB40, s. 230 Section 230. 16.61 (13) (a) of the statutes is amended to read:

AB40,109,23 16.61 (13) (a) The historical society, as trustee for the state, shall be the ultimate depository of the archives of the state, and the board may transfer to the society such original records and reproductions as it deems proper and worthy of permanent preservation, including records and reproductions which the custodian thereof has been specifically directed by statute to preserve or keep in the custodian's office. The permanent preservation of records of the University of Wisconsin System and of the University of Wisconsin-Madison may be accomplished under par. (b). The society may deposit in the regional depositories established under s. 44.10, title remaining with the society, the records of state agencies or their district or regional offices which are primarily created in the geographic area serviced by the depository, but the records of all central departments, offices, establishments and agencies shall remain in the main archives in the capital city under the society's immediate jurisdiction, except that the society may place the records temporarily at a regional depository for periods of time to be determined by the society. Nothing in this subsection nor in ch. 44 prevents the society's taking the steps for the safety of articles and materials entrusted to its care in library, museum or archives, including temporary removal to safer locations, dictated by emergency conditions arising from a state of war, civil rebellion or other catastrophe.

AB40, s. 231 Section 231. 16.61 (13) (b) of the statutes is amended to read:

AB40,110,7 16.61 (13) (b) The board may designate an archival depository at the University of Wisconsin-Madison and at each university as defined in s. 36.05 (13) which shall meet standards for university archival depositories established by the board with the advice of the board of regents Board of Trustees, the Board of Regents, and the historical society or their respective designated representatives. The board may transfer to the appropriate university archival depository all original records and reproductions the board deems worthy of permanent preservation.

AB40, s. 232 Section 232. 16.70 (1e) of the statutes is amended to read: