1995 Wisconsin Act 27

27,288r Section 288r. 16.475 of the statutes is created to read:

16.475 Information technology budget plan. (1) In this section:

(a) “Agency" has the meaning given in s. 16.97 (1).

(b) “Information technology" has the meaning given in s. 16.97 (6).

(2) In March of each odd-numbered year, the governor shall submit to the cochairpersons of the joint committee on finance an information technology budget plan that includes at least the following information:

(a) The amounts anticipated to be expended by each agency in the current fiscal biennium and the amounts requested by each agency for expenditure in the succeeding fiscal biennium for information technology operations and improvements.

(b) An evaluation of how such proposed expenditures would conform with the planning of the agency with respect to its business operations, the strategic plan of the agency for the use and application of information technology and the applicable strategic plan for the use and application of information technology under s. 13.90 (6), 16.971 (2) (m), 36.11 (31) or 758.19 (7).

(c) A recommendation for each agency concerning what amount of each agency's proposed expenditures should be funded in the succeeding fiscal biennium, including the funding sources and methods of financing for each expenditure, based on the appropriateness of the expenditure in relation to the agency's information technology plan and priorities and in relation to proposed total state information technology expenditures, the statewide strategic plan under s. 16.971 (2) (m) and priorities indicated in that plan.

(d) An identification of each information technology system or application in each recommendation that has not been previously funded and the anticipated total cost of designing, implementing and providing continued support for the system or application.

27,290 Section 290 . 16.50 (3) of the statutes is amended to read:

16.50 (3) Limitation on increase of force and salaries. No department, except the legislature or the courts, may increase the pay of any employe, expend money or incur any obligation except in accordance with the estimate that is submitted to the secretary as provided in sub. (1) and approved by the secretary or the governor. 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 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). 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 employes 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 creating or abolishing positions under s. 13.10, the intent of the governor 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). Until the release of funding occurs, recruitment or certification for the position may not be undertaken. The secretary shall submit a quarterly report to the joint committee on finance of any position changes made by the governor under s. 16.505 (1) (c). 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 of ch. 111. At the request of the secretary of employment relations, the secretary of administration may authorize the temporary creation of pool or surplus positions under any source of funds if the secretary of employment relations 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).

27,293 Section 293 . 16.505 (1) (intro.) of the statutes is amended to read:

16.505 (1) (intro.) Except as provided in subs. (2) and, (2m) and (2n), 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:

27,294g Section 294g. 16.505 (2m) of the statutes is amended to read:

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) (h), (iz), (j) or, (m) or (n) or (3) (iz) or (n). 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.

27,294m Section 294m. 16.505 (2n) of the statutes is created to read:

16.505 (2n) The University of Wisconsin Hospitals and Clinics Board may create or abolish a full-time equivalent position or portion thereof from revenues appropriated under s. 20.285 (1) (kb) or 20.495 (1) (g). No later than the last day of the month following completion of each calendar quarter, the University of Wisconsin Hospitals and Clinics Board 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.

27,294n Section 294n. 16.505 (2n) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

16.505 (2n) The University of Wisconsin Hospitals and Clinics Board may create or abolish a full-time equivalent position or portion thereof from revenues appropriated under s. 20.285 (1) (kb) or 20.495 (1) (g). No later than the last day of the month following completion of each calendar quarter, the University of Wisconsin Hospitals and Clinics Board 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.

27,294o Section 294o. 16.51 (7) of the statutes is amended to read:

16.51 (7) Audit claims for expenses in connection with prisoners and children in secured correctional facilities. Receive, examine, determine and audit claims, duly certified and approved by the department of corrections or the department of health and social services, from the county clerk of any county in behalf of the county, which are presented for payment to reimburse the county for certain expenses incurred or paid by it in reference to all matters growing out of actions and proceedings involving prisoners in state prisons, as defined in s. 302.01, or children in secured correctional facilities, as defined in s. 48.02 (15m), including prisoners or children transferred to a mental health institute for observation or treatment, when the proceedings are commenced in counties in which the prisons or secured correctional facilities are located by a district attorney or by the prisoner or child as a postconviction remedy or a matter involving the prisoner's status as a prisoner or the child's status as a resident of a secured correctional facility and for certain expenses incurred or paid by it in reference to holding those children in secure custody while those actions or proceedings are pending. Expenses shall only include the amounts as that were necessarily incurred and actually paid and shall be no more than the legitimate cost would be to any other county had the offense or crime occurred therein.

27,294p Section 294p. 16.51 (7) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

16.51 (7) Audit claims for expenses in connection with prisoners and children in secured correctional facilities. Receive, examine, determine and audit claims, duly certified and approved by the department of corrections, from the county clerk of any county in behalf of the county, which are presented for payment to reimburse the county for certain expenses incurred or paid by it in reference to all matters growing out of actions and proceedings involving prisoners in state prisons, as defined in s. 302.01, or children in secured correctional facilities, as defined in s. 48.02 (15m), including prisoners or children transferred to a mental health institute for observation or treatment, when the proceedings are commenced in counties in which the prisons or secured correctional facilities are located by a district attorney or by the prisoner or child as a postconviction remedy or a matter involving the prisoner's status as a prisoner or the child's status as a resident of a secured correctional facility and for certain expenses incurred or paid by it in reference to holding those children in secure custody while those actions or proceedings are pending. Expenses shall only include the amounts that were necessarily incurred and actually paid and shall be no more than the legitimate cost would be to any other county had the offense or crime occurred therein.

27,295 Section 295 . 16.517 of the statutes is amended to read:

16.517 Adjustments of program revenue positions and funding levels. 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 ss. s. 16.505 (2) or (2m) and 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 which should be included as continued budget authorizations in the fiscal biennium of the budget. Such modifications 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 ss. s. 16.505 (2) or (2m) and or 16.515 during the fiscal year immediately preceding the fiscal biennium of the budget. 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 modifications within 14 working days after the date of receipt of the department's report, the department may make the modifications may be made specified in the report. If, within 14 working days after the date of the department's report, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed modifications, the department may not make the modifications specified in the report until the committee approves the report.

27,296 Section 296 . 16.52 (6) (a) of the statutes is amended to read:

16.52 (6) (a) Except as authorized in s. 16.74, all purchase orders, contracts, or printing orders for any agency as defined in s. 16.70 (1) shall, before any liability is incurred thereon, be submitted to the secretary for his or her approval as to legality of purpose and sufficiency of appropriated and allotted funds therefor. In all cases the date of the contract or order governs the fiscal year to which the contract or order is chargeable, unless the secretary determines that the purpose of the contract or order is to prevent lapsing of appropriations or to otherwise circumvent budgetary intent. Upon such approval, the secretary shall immediately encumber all contracts or orders, and indicate the fiscal year to which they are chargeable.

27,297 Section 297 . 16.52 (7) of the statutes is amended to read:

16.52 (7) Petty cash account. With the approval of the secretary, each agency which 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, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in ch. 231, 233 or 234.

27,299 Section 299 . 16.528 (1) (a) of the statutes is amended to read:

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, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in ch. 231, 233 or 234.

27,301 Section 301 . 16.53 (1) (d) 1. of the statutes is amended to read:

16.53 (1) (d) 1. The secretary, with the approval of the joint committee on employment relations, shall fix the time, except as provided in s. 16.20 (10) (c) and 101.38 ss. 106.21 (9) (c) and 106.215 (10) (c), and frequency for payment of salaries due elective and appointive officers and employes of the state. As determined under this subdivision, the salaries shall be paid either monthly, semimonthly or for each 2-week period.

27,302 Section 302 . 16.53 (2) of the statutes is amended to read:

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, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in ch. 231, 233 or 234.

27,303 Section 303 . 16.54 (1) of the statutes is amended to read:

16.54 (1) Whenever the United States government shall make available to this state funds for the education, the promotion of health, the relief of indigency, the promotion of agriculture or for any other purpose other than the administration of the tribal or any individual funds of Wisconsin Indians, the governor on behalf of the state is authorized to accept the funds so made available. In exercising the authority herein conferred, the governor may stipulate as a condition of the acceptance of the act of congress by this state such conditions as in the governor's discretion may be necessary to safeguard the interests of this state.

27,303m Section 303m. 16.54 (2) (a) of the statutes is amended to read:

16.54 (2) (a) Whenever Except as provided in this paragraph, whenever funds shall be made available to this state through an act of congress and the funds are accepted as provided in sub. (1), the governor shall designate the state board, commission or department to administer any of such funds, and the board, commission or department so designated by the governor is authorized and directed to administer such funds for the purpose designated by the act of congress making an appropriation of such funds, or by the department of the United States government making such funds available to this state. Whenever a block grant is made to this state, no funds the governor shall not administer and no board, commission or department may encumber or expend moneys received as a part of the block grant unless expenditure of the moneys is first approved by the joint committee on finance. No moneys received as a part of a block grant may be transferred from use as a part of one such grant to use as a part of another such grant, regardless of whether a transfer between appropriations is required, unless the joint committee on finance approves the transfer under s. 13.10. In this subsection, “block grant" means a multipurpose federal grant so designated under federal law.

27,304b Section 304b. 16.54 (2) (b) of the statutes is amended to read:

16.54 (2) (b) Upon presentation by the department of health and social services to the joint committee on finance of alternatives to the provisions under s. 49.80 16.385, the joint committee on finance may revise the eligibility criteria under s. 49.80 16.385 (5), benefit payments under s. 49.80 16.385 (6) or the amount allocated for crises under s. 49.80 16.385 (3) (e) 2. and the department shall implement those revisions. Benefits or eligibility criteria so revised shall take into account and be consistent with the requirements of federal regulations promulgated under 42 USC 8621 to 8629. If 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, the department of health and social services shall submit to the joint committee on finance a plan for expenditure of the funds. The department of health and social services may not use the funds unless the committee approves the plan.

27,306 Section 306 . 16.54 (8r) (b) of the statutes is amended to read:

16.54 (8r) (b) The Annually by October 1 the board of regents shall report to the governor and the cochairpersons of the joint committee on finance no later than the 15th day following completion of each calendar quarter concerning the date, amount and purpose of any federal moneys accepted by the board under par. (a) during the preceding quarter fiscal year.

27,307 Section 307 . 16.54 (9) (a) 1. of the statutes is amended to read:

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 ch. 231, 233 or 234.

27,307g Section 307g. 16.54 (9) (b) of the statutes is amended to read:

16.54 (9) (b) An Except as provided in par. (bd), an indirect cost reimbursement may be utilized for administrative purposes, program purposes, funding of positions, payment of federal aid disallowances, or other purposes authorized by law. If an indirect cost reimbursement is not utilized for such a purpose, the head of the agency receiving the reimbursement shall request the department to transfer the reimbursement to the general fund as general purpose revenue — earned. All transfers and other expenditures are subject to approval of the secretary under s. 16.50 (2) and the governor under this section.

27,307h Section 307h. 16.54 (9) (bd) of the statutes is created to read:

16.54 (9) (bd) Unless the joint committee on finance approves, the department of health and social services may not expend, for administrative purposes, program purposes or funding of positions, amounts of indirect cost reimbursement from the appropriation under s. 20.435 (8) (pz) that exceed the estimated amount of expenditures shown for s. 20.435 (8) (pz) in the schedule under s. 20.005 (3) as published in the biennial budget act or as otherwise modified by the legislature.

27,308 Section 308 . 16.545 (9) of the statutes is created to read:

16.545 (9) To process applications for grants from the federal government upon request of any agency, as defined in s. 16.70 (1). The department may assess to an agency for whom it processes an application under this subsection a fee for the expenses incurred by the department in performing this service.

27,309 Section 309 . 16.61 (title) of the statutes is amended to read:

16.61 (title) Records and forms of state offices and other public records.

27,310 Section 310 . 16.61 (1) of the statutes is amended to read:

16.61 (1) (title) Public records and forms board. The public records and forms board shall preserve for permanent use important state records, prescribe policies and standards that provide an orderly method for the disposition of other state records and rationalize and make more cost-effective the management of forms and records by state agencies.

27,311 Section 311 . 16.61 (2) (a) of the statutes is amended to read:

16.61 (2) (a) “Board" means the public records and forms board.

27,312 Section 312 . 16.61 (2) (ad) of the statutes is renumbered 16.97 (5m).

27,313 Section 313 . 16.61 (2) (af) of the statutes is created to read:

16.61 (2) (af) “Form" has the meaning specified in s. 16.97 (5m).

27,314 Section 314 . 16.61 (2) (ah) of the statutes is renumbered 16.97 (5s).

27,315 Section 315 . 16.61 (2) (ao) of the statutes is repealed.

27,316 Section 316 . 16.61 (2) (ap) of the statutes is renumbered 16.97 (8m) and amended to read:

16.97 (8m) “Public contact form" means a form generated and used by any state agency in transactions between the state agency and a member of the public.

27,317 Section 317 . 16.61 (2) (b) (intro.) of the statutes is amended to read:

16.61 (2) (b) (intro.) “Public records" means all books, papers, maps, photographs, films, recordings, optical disks, electronically formatted documents or other documentary materials, regardless of physical form or characteristics, made, or received by any state agency or its officers or employes in connection with the transaction of public business, and documents of any insurer that is liquidated or in the process of liquidation under ch. 645. “Public records" does not include:

27,318 Section 318 . 16.61 (2) (bm) of the statutes is amended to read:

16.61 (2) (bm) “Records and forms officer" means a person designated by a state agency to design, review, analyze, consolidate, simplify and file comply with all public records and forms management laws and rules under s. 15.04 (1) (j) and to act as a liaison between that state agency and the board.

27,319 Section 319 . 16.61 (3) (b) of the statutes is amended to read:

16.61 (3) (b) Upon the request of any state agency, county, town, city, village or school district, may order upon such terms as the board finds necessary to safeguard the legal, financial and historical interests of the state in public records, the destruction, reproduction by microfilm or other process, storage by optical disk , or electronic storage or the temporary or permanent retention or other disposition of public records.

27,320 Section 320 . 16.61 (3) (c) of the statutes is amended to read:

16.61 (3) (c) Shall May promulgate rules to carry out the purposes of this section.

27,321 Section 321 . 16.61 (3) (h) of the statutes is repealed.

27,322 Section 322 . 16.61 (3) (i) of the statutes is repealed.

27,323 Section 323 . 16.61 (3) (j) of the statutes is amended to read:

16.61 (3) (j) Shall establish a records and forms management program for this state.

27,324 Section 324 . 16.61 (3) (k) of the statutes is renumbered 16.971 (2) (am) and amended to read:

16.971 (2) (am) Shall make Make as cost effective as possible the procurement and use of forms by state agencies.

27,325 Section 325 . 16.61 (3) (L) of the statutes is amended to read:

16.61 (3) (L) Shall receive and investigate complaints about forms, except as provided in sub. (3m) (3n).

27,326 Section 326 . 16.61 (3) (p) of the statutes is renumbered 16.61 (3L) and amended to read:

16.61 (3L) (title) Executive secretary. Shall The department shall, with the consent of the board and based on qualifications approved by the board, appoint an official in the classified service to oversee the day-to-day execution of the board's duties, to serve as the executive secretary of the board, and to coordinate the statewide records and forms management program and to have statewide responsibility for limiting paperwork. Except as provided in sub. (3m), the executive secretary shall review and approve, modify or reject all forms approved by a records and forms officer for jurisdiction, authority, standardization of design and nonduplication of existing forms and shall report to the board quarterly on the progress of records and forms management within state agencies. Unless the executive secretary rejects for cause or modifies the form within 20 working days after receipt, it is considered approved. The executive secretary's rejection of any form is appealable to the public records and forms board. If the head of a state agency certifies to the executive secretary that the form is needed on a temporary, emergency basis, approval of the executive secretary is not required.

27,327 Section 327 . 16.61 (3) (q) of the statutes is repealed.

27,328 Section 328 . 16.61 (3) (tm) of the statutes is created to read:

16.61 (3) (tm) Shall recommend to the department qualitative standards for storage of records in electronic format and for copies of documents generated from electronically stored records filed with local governmental units.

27,329 Section 329 . 16.61 (3) (v) of the statutes is repealed.

27,330 Section 330 . 16.61 (3m) (title) of the statutes is repealed.

27,331 Section 331 . 16.61 (3m) of the statutes is renumbered 16.971 (2m), and 16.971 (2m) (intro), as renumbered, is amended to read:

16.971 (2m) (intro.) The following forms are not subject to review, or approval or complaint investigation by the board or executive secretary by the department: