AB21: Bill Text

AB21,268 Section 268. 16.415 (1) of the statutes is amended to read:

AB21,124,21 16.415 (1) Neither the secretary nor any other fiscal officer of this state may draw, sign, or issue, or authorize the drawing, signing, or issuing of any warrant on any disbursing officer of the state to pay any compensation to any person in the classified service of the state unless an estimate, payroll, or account for such compensation, containing the names of every person to be paid, bears the certificate of the appointing authority that each person named in the estimate, payroll, or account has been appointed, employed, or subject to any other personnel transaction in accordance with, and that the pay for the person has been established in accordance with, the law, compensation plan, or applicable collective bargaining agreement, and applicable rules of the director of the office administrator of the division of state employment relations personnel management in the department and the administrator of the division director of the bureau of merit recruitment and selection in the office of state employment relations department then in effect.

AB21,269 Section 269. 16.415 (3) of the statutes is amended to read:

AB21,125,11 16.415 (3) Any sums paid contrary to this section may be recovered from any appointing authority making such appointments in contravention of law or of the rules promulgated pursuant thereto, or from any appointing authority signing or countersigning or authorizing the signing or countersigning of any warrant for the payment of the same, or from the sureties on the official bond of any such appointing authority, in an action in the circuit court for any county within the state, maintained by the director of the office administrator of the division of state employment relations personnel management in the department, or by a citizen resident therein, who is assessed for, and liable to pay, or within one year before the commencement of the action has paid, a state, city or county tax within this state. All moneys recovered in any action brought under this section when collected, shall be paid into the state treasury except that if a citizen taxpayer is plaintiff in any such action he or she shall be entitled to receive for personal use the taxable cost of such action and 5% of the amount recovered as attorney fees.

AB21,270 Section 270. 16.417 (1) (b) of the statutes is amended to read:

AB21,125,14 16.417 (1) (b) "Authority" means a body created under subch. II of ch. 114 or ch. 36, 231, 232, 233, 234 235, 237, 238, or 279.

AB21,271 Section 271. 16.417 (2) (f) 2. of the statutes is amended to read:

AB21,125,18 16.417 (2) (f) 2. An individual who is employed by the Board of Regents of the University of Wisconsin System Authority, but only with respect to compensation received within the system.

AB21,272 Section 272. 16.42 (1) (intro.) of the statutes is amended to read:

AB21,125,24 16.42 (1) (intro.) All agencies, other than including the University of Wisconsin System Authority and not including 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:

AB21,273 Section 273. 16.50 (3) (b) of the statutes is amended to read:

AB21,126,6 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), (2), or (2j), or by the investment board under s. 16.505 (2g), or by the board of regents of the University of Wisconsin System under s. 16.505 (2m) or (2p).

AB21,274 Section 274. 16.50 (3) (c) of the statutes is amended to read:

AB21,126,17 16.50 (3) (c) The secretary may withhold, in total or in part, the funding for any position, as defined in s. 230.03 (11), as well as the funding for part-time or limited term employees until such time as the secretary determines that the filling of the position or the expending of funds is consistent with s. 16.505 and with the intent of the legislature as established by law or in budget determinations, or the intent of the joint committee on finance in creating or abolishing positions under s. 13.10, or the intent of the governor in creating or abolishing positions under s. 16.505 (1) (c) or (2), or the intent of the board of regents of the University of Wisconsin System in creating or abolishing positions under s. 16.505 (2m) or (2p). Until the release of funding occurs, recruitment or certification for the position may not be undertaken.

AB21,275 Section 275. 16.50 (3) (f) of the statutes is amended to read:

AB21,127,2 16.50 (3) (f) At the request of the director of the office administrator of the division of state employment relations personnel management in the department, the secretary of administration may authorize the temporary creation of pool or surplus positions under any source of funds if the director determines that temporary positions are necessary to maintain adequate staffing levels for high turnover classifications, in anticipation of attrition, to fill positions for which recruitment is difficult. Surplus or pool positions authorized by the secretary shall be reported quarterly to the joint committee on finance in conjunction with the report required under s. 16.54 (8).

AB21,276 Section 276. 16.505 (1) (intro.) of the statutes is amended to read:

AB21,127,6 16.505 (1) (intro.) Except as provided in subs. (2), (2g), and (2j), (2m), and (2p), 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:

AB21,277 Section 277. 16.505 (2m) of the statutes is repealed.

AB21,278 Section 278. 16.505 (2p) of the statutes is repealed.

AB21,279 Section 279. 16.505 (4) (b) of the statutes is amended to read:

AB21,127,13 16.505 (4) (b) Except as provided in par. (c), no No agency may change the funding source for a position authorized under this section unless the position is authorized to be created under a different funding source in accordance with this section.

AB21,280 Section 280. 16.505 (4) (c) of the statutes is repealed.

AB21,281 Section 281. 16.517 (1) of the statutes is amended to read:

AB21,128,2 16.517 (1) No later than 30 days after the effective date of each biennial budget act, the department shall provide to the joint committee on finance a report indicating any initial modifications that are necessary to the appropriation levels established under that act for program revenue and program revenue-service appropriations as defined in s. 20.001 (2) (b) and (c) or to the number of full-time equivalent positions funded from program revenue and program revenue-service appropriations authorized by that act to account for any additional funding or positions authorized under s. 16.505 (2) or (2m) or 16.515 in the fiscal year immediately preceding the fiscal biennium of the budget that have not been included in authorizations under the biennial budget act but that should be included as continued budget authorizations in the fiscal biennium of the budget.

AB21,282 Section 282. 16.517 (2) of the statutes is amended to read:

AB21,128,8 16.517 (2) Modifications under sub. (1) shall be limited to adjustment of the appropriation or position levels to the extent required to account for higher base levels for the fiscal year immediately preceding the fiscal biennium of the budget due to appropriation or position increases authorized under s. 16.505 (2) or (2m) or 16.515 during the fiscal year immediately preceding the fiscal biennium of the budget.

AB21,283 Section 283. 16.52 (7) of the statutes is amended to read:

AB21,128,19 16.52 (7) Petty cash account. With the approval of the secretary, each agency that is authorized to maintain a contingent fund under s. 20.920 may establish a petty cash account from its contingent fund. The procedure for operation and maintenance of petty cash accounts and the character of expenditures therefrom shall be prescribed by the secretary. 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 in ch. 36, 231, 233, 234 235, 237, 238, or 279.

AB21,284 Section 284. 16.526 (title) of the statutes is created to read:

AB21,128,21 16.526 (title) Operating notes.

AB21,285 Section 285. 16.526 (4) (am) of the statutes is created to read:

AB21,129,5 16.526 (4) (am) Authorizing certification. No financial obligations may be incurred under this section nor may any evidence of operating notes be issued by the state except pursuant to a written authorizing certification. The certification shall set forth the aggregate principal amount of operating notes authorized thereby, the purpose of the operating notes, which need not be more specific but may not be more general than those purposes provided in or pursuant to law, the manner of sale of the notes, and the form and terms of the notes. The certification shall be signed by the secretary, or his or her designee, and shall be transmitted to the governor.

AB21,286 Section 286. 16.526 (8) of the statutes is created to read:

AB21,129,11 16.526 (8) procurement of services. The department may enter into a contract with any firm or individual engaged in financial services for the performance of any of its duties under this section, using selection and procurement procedures established by the department. A contract under this subsection is not subject to s. 16.705 or 16.75.

AB21,287 Section 287. 16.526 (9) of the statutes is created to read:

AB21,129,16 16.526 (9) Provisions applicable. The provisions of section 16.527 (4) (a) to (f) and (6) (a), (b), and (d), (8), and (9) apply to operating notes under this section, except that all references to appropriation obligations shall be read to refer to operating notes.

AB21,288 Section 288. 16.526 (10) of the statutes is created to read:

AB21,129,21 16.526 (10) Full authority. This section shall constitute full authority for the accomplishment of all acts authorized in this section to be done. No other law restricting the carrying out of such acts shall be construed as applying to proceedings had or acts done pursuant to this section.

AB21,289 Section 289. 16.527 (1) (c) of the statutes is created to read:

AB21,130,4 16.527 (1) (c) The legislature finds and determines that sports and entertainment facilities encourage economic development and tourism in this state by reducing unemployment and by bringing needed capital into the state for the benefit and welfare of people throughout the state. It is therefore in the public interest and will serve a public purpose, and it is the public policy of this state, to assist a sports and entertainment district in the construction of sports and entertainment facilities under subch. VI of ch. 229.

AB21,290 Section 290. 16.527 (3) (d) of the statutes is created to read:

AB21,130,11 16.527 (3) (d) 1. Subject to the limitations under subds. 2. to 4., the department may contract appropriation obligations of the state under this section for the purpose of assisting a sports and entertainment district under subch. VI of ch. 229 in the construction of sports and entertainment facilities, including the acquisition or lease of property. The assistance shall be in the form of a grant to the sports and entertainment district.

AB21,130,14 2. The sum of appropriation obligations issued under this section for the purpose under subd. 1. may not exceed $220,000,000, excluding any amounts representing accreted interest or original issue discount.

AB21,130,18 3. No appropriation obligations may be issued under this section for the purpose under subd. 1. unless the department determines that the sports and entertainment district has secured additional funding for the project in an amount at least equal to $300,000,000.

AB21,130,23 4. If the department issues appropriation obligations under this section for the purpose under subd. 1. and if, for any reason, the facility that is constructed with funds from the grant is not used principally for professional basketball, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.

AB21,291 Section 291. 16.528 (1) (a) of the statutes is amended to read:

AB21,131,6 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 in ch. 36, 231, 233, 234 235, 237, 238, or 279.

AB21,292 Section 292. 16.528 (3) (f) of the statutes is created to read:

AB21,131,9 16.528 (3) (f) A contract under s. 977.08 (3) (f) or compensation ordered under s. 978.045 (2).

AB21,293 Section 293. 16.529 (1) of the statutes is repealed and recreated to read:

AB21,131,11 16.529 (1) In this section, "state agency" has the meaning given in s. 40.02 (54).

AB21,294 Section 294. 16.529 (2) of the statutes is amended to read:

AB21,131,20 16.529 (2) Notwithstanding ss. 20.001 (3) (a) to (c) and 25.40 (3), beginning in the 2007-09 fiscal biennium, during each fiscal biennium the secretary shall lapse to the general fund or transfer to the general fund from each state agency appropriation specified in sub. (3) an amount equal to that portion of the total amount of principal and interest to be paid on obligations issued under s. 16.527 during the fiscal biennium that is allocable to the appropriation, as determined under sub. (3). The secretary may require that a state agency pay the amount directly to the state in lieu of lapsing or transferring the amount to the general fund.

AB21,295 Section 295. 16.53 (1) (d) 4. of the statutes is amended to read:

AB21,132,3 16.53 (1) (d) 4. The secretary may promulgate rules pertaining to the administration of earnings garnishment actions under s. 812.42 whenever the state is the garnishee in such actions. In any earnings garnishment action where the judgment debtor is employed by the University of Wisconsin System, the secretary may require the appropriate payroll processing center for the University of Wisconsin System to directly process necessary forms, papers, deductions and checks, share drafts or other drafts in connection with such action.

AB21,296 Section 296. 16.53 (2) of the statutes is amended to read:

AB21,132,13 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 in ch. 36, 231, 233, 234 235, 237, 238, or 279.

AB21,297 Section 297. 16.53 (7) of the statutes is amended to read:

AB21,132,19 16.53 (7) Certification of boards, evidence of correctness of account. The certificate of the proper officers of the board of regents of the University of Wisconsin System, 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.

AB21,298 Section 298. 16.53 (10) (a) of the statutes is amended to read:

AB21,133,12 16.53 (10) (a) If an emergency arises which requires the department to draw vouchers for payments which will be in excess of available moneys in any state fund, the secretary, after notifying the joint committee on finance under par. (b), may prorate and establish priority schedules for all payments within each fund, including those payments for which a specific payment date is provided by statute, except as otherwise provided in this paragraph. The secretary shall draw all vouchers according to the preference provided in this paragraph. All direct or indirect payments of principal or interest on state bonds and notes issued under subch. I of ch. 18 and payments due, if any, under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a) relating to any public debt contracted under subchs. I and IV of ch. 18 have first priority. All direct or indirect payments of principal or interest on state notes issued under subch. III of ch. 18 s. 16.526 have 2nd priority. No payment having a 1st or 2nd priority may be prorated or reduced under this subsection. All state employee payrolls have 3rd priority. The secretary shall draw all remaining vouchers according to a priority determined by the secretary. The secretary shall maintain records of all claims prorated under this subsection.

AB21,299 Section 299. 16.531 (1) of the statutes is amended to read:

AB21,133,19 16.531 (1) At least 15 days prior to the beginning of any calendar quarter in which the secretary anticipates that it may be necessary to exercise the authority conferred in s. 16.53 (10) (a) or 20.002 (11) (a) or to incur financial obligations and issue operating notes under subch. III of ch. 18 s. 16.526, the secretary shall submit a plan to the joint committee on finance describing the specific nature of any proposed action that may be required.

AB21,300 Section 300. 16.531 (2) of the statutes is amended to read:

AB21,134,4 16.531 (2) If the secretary determines during any calendar quarter that action under s. 16.526, 16.53 (10) (a) or 20.002 (11) or subch. III of ch. 18 should be taken that is different from the action specified in the plan submitted under sub. (1), the secretary shall provide notice to the joint committee on finance of the specific nature of any such action that may be required. If the joint committee on finance has not, within 2 working days after such notification, scheduled a meeting to review the secretary's proposal, the secretary may proceed with the proposed action. If, within 2 working days after such notification, the committee schedules a meeting, the secretary may not proceed with the proposed action until after the meeting is held.

AB21,301 Section 301. 16.531 (3) of the statutes is amended to read:

AB21,134,14 16.531 (3) Within 30 days after the end of each calendar quarter during which the secretary exercises the authority conferred in s. 16.53 (10) (a), during which there is any outstanding reallocation of moneys under s. 20.002 (11) (a) or during which there are any outstanding operating notes issued under subch. III of ch. 18 s. 16.526, the secretary shall submit to the joint committee on finance a report on the status of all such matters, together with an assessment of the degree to which the secretary anticipates that state funds and accounts will have sufficient revenues to meet anticipated obligations during the 6-month period following the calendar quarter for which the report is issued.

AB21,302 Section 302. 16.54 (8g) of the statutes is repealed.

AB21,303 Section 303. 16.54 (8r) (a) of the statutes is renumbered 16.54 (8r) and amended to read:

AB21,135,5 16.54 (8r) Whenever the federal government makes available moneys for instruction, extension, special projects or emergency employment opportunities, the board of regents of the University of Wisconsin System Authority may accept the moneys on behalf of the state. The board of regents 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 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 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 shall deposit all moneys received under this paragraph in the appropriation account under s. 20.285 (1) (m).

AB21,304 Section 304. 16.54 (8r) (b) of the statutes is repealed.

AB21,305 Section 305. 16.54 (9) (a) 1. of the statutes is amended to read:

AB21,135,13 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 in ch. 36, 231, 233, 234 235, 237, 238, or 279.

AB21,306 Section 306. 16.544 (3) of the statutes is amended to read:

AB21,135,22 16.544 (3) Prior to taking final action to remove any liability related to a disallowance of the use of federal moneys, an agency shall submit to the department a statement of the action proposed to remove the liability. The department may approve, disapprove or approve with modifications each such proposed action. The secretary shall forward a copy of each statement of proposed action approved by the department to the joint committee on finance. This subsection does not apply to an action taken by the board of regents of the University of Wisconsin System, within the statutory authority of the board, to remove a liability of less than $5,000.

AB21,307 Section 307. 16.57 of the statutes is repealed.

AB21,308 Section 308. 16.61 (3) (s) of the statutes is amended to read:

AB21,136,11 16.61 (3) (s) Shall recommend to the department procedures for the transfer of public records and records of the University of Wisconsin Hospitals and Clinics Authority and the University of Wisconsin System Authority to optical disk format, including procedures to ensure the authenticity, accuracy and reliability of any public records or records of the University of Wisconsin Hospitals and Clinics Authority and the University of Wisconsin System Authority so transferred and procedures to ensure that such records are protected from unauthorized destruction. The board shall also recommend to the department qualitative standards for optical disks and copies of documents generated from optical disks used to store public records and records of the University of Wisconsin Hospitals and Clinics Authority and the University of Wisconsin System Authority.

AB21,309 Section 309. 16.61 (13) (a) of the statutes is amended to read:

AB21,137,5 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 Authority 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.

AB21,310 Section 310. 16.611 (2) (a) of the statutes is amended to read:

AB21,137,16 16.611 (2) (a) The department shall prescribe, by rule, procedures for the transfer of public records and records of the University of Wisconsin Hospitals and Clinics Authority, of the University of Wisconsin System Authority, and of the Wisconsin Aerospace Authority to optical disk or electronic format and for the maintenance of such records stored in optical disk or electronic format, including procedures to ensure the authenticity, accuracy, reliability and accessibility of any public records or records of the University of Wisconsin Hospitals and Clinics Authority, of the University of Wisconsin System Authority, or of the Wisconsin Aerospace Authority so transferred and procedures to ensure that such records are protected from unauthorized destruction.

AB21,311 Section 311. 16.611 (2) (c) of the statutes is amended to read: