2003 Wisconsin Act 33

13.48 (35) (b) If the building commission authorizes a grant to HR Academy, Inc., under par. (a) and if, (am), HR Academy, Inc., shall enter into a land use restriction agreement limiting the use of the facilities funded by the grant to a youth and family center. The land use restriction agreement shall provide that, if for any reason, the facility that is constructed with funds from the grant is not used operated as a youth and family center that is open to the public or if it is used for the purpose of devotional activities, religious worship, or sectarian instruction, the state shall retain an ownership interest in the facility equal to the amount of the state's grant, at the option of the secretary of administration, may pursue any legal remedies available including requiring specific performance of the covenants contained in the agreement.

33,26m Section 26m. 13.48 (36) of the statutes is created to read:

13.48 (36) Hmong cultural center. (a) The legislature finds and determines that a significant number of Hmong people are citizens of this state, that the Hmong people have a proud heritage that needs to be recognized and preserved, and that the Hmong people have experienced difficulties assimilating in this state. The legislature finds that supporting the Hmong people in their efforts to recognize their heritage and to gain the full advantages of citizenship in this state is a statewide responsibility of statewide dimension. To better ensure that the heritage of the Hmong people is preserved and to better enable the Hmong people to gain the full advantages of citizenship in this state, the legislature finds that it will have a direct and immediate effect on a matter of statewide concern for the state to construct and operate a Hmong cultural center.

(b) Notwithstanding s. 18.04 (1) and (2), the building commission shall authorize $3,000,000 in general fund supported borrowing to make a grant to an organization designated by the secretary of administration that represents the cultural interests of Hmong people for construction of a Hmong cultural center at the corner of National Avenue and 16th Street in the city of Milwaukee. As a condition precedent to receipt of the grant, the organization shall enter into an agreement with the secretary guaranteeing that the center will be operated to serve the nonsectarian cultural interests of the Hmong people.

(c) If, for any reason, the facility that is constructed with funds from the grant under par. (b) is not used to construct a Hmong cultural center in the city of Milwaukee, or the center is not operated to serve the nonsectarian cultural interests of the Hmong people, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.

33,27 Section 27. 13.50 (6) (am) of the statutes is amended to read:

13.50 (6) (am) The cochairpersons of the joint survey committee on retirement systems or the cochairpersons of the joint committee on finance, with respect to any bill or amendment specified in par. (a), or the presiding officer of either house of the legislature, with respect to any bill or amendment specified in par. (a) that is pending in his or her house, may make a determination, based on any available information, that the bill or amendment may have a significant fiscal impact on the costs, actuarial balance or goals of the Wisconsin retirement system Retirement System and order the attachment of an independent actuarial opinion on such impact. The cochairpersons or presiding officer ordering such an opinion shall direct the staff under sub. (4) to obtain the opinion. The staff shall make payment for the opinion from the appropriation under s. 20.765 (2) (ab) or (5).

33,28 Section 28. 13.51 (2) (b) of the statutes is amended to read:

13.51 (2) (b) The secretary of employment relations director of the office of state human resources management or the secretary's director's designee.

33,29 Section 29. 13.56 (2) of the statutes is amended to read:

13.56 (2) Participation in certain proceedings. The cochairpersons of the joint committee for review of administrative rules or their designated agents shall accept service made under ss. 227.40 (5) and 806.04 (11). If the committee determines that the legislature should be represented in the proceeding, it shall request the joint committee on legislative organization to designate the legislature's representative for the proceeding. The costs of participation in the proceeding shall be paid equally from the appropriations under s. 20.765 (1) (a) and (b) or shall be paid from the appropriation under s. 20.765 (5), if applicable, except that such costs incurred by the department of justice shall be paid from the appropriation under s. 20.455 (1) (d).

33,30 Section 30. 13.57 (3) of the statutes is amended to read:

13.57 (3) All expenses under sub. (1) shall be reimbursed from the appropriation under s. 20.765 (1) (a) or (b) or (5).

33,31 Section 31. 13.58 (5) (a) 5. of the statutes is amended to read:

13.58 (5) (a) 5. Upon receipt of strategic plans from the department of electronic government administration, the joint committee on legislative organization and the director of state courts, review and transmit comments concerning the plans to the entities submitting the plans.

33,32 Section 32. 13.58 (5) (b) 1. of the statutes is amended to read:

13.58 (5) (b) 1. Direct the department of electronic government administration to conduct studies or prepare reports on items related to the committee's duties under par. (a).

33,33 Section 33. 13.58 (5) (b) 4. (intro.) of the statutes is amended to read:

13.58 (5) (b) 4. (intro.) With the concurrence of the joint committee on finance, direct the department of electronic government administration to report semiannually to the committee and the joint committee on finance concerning any specific information technology system project which is being designed, developed, tested or implemented and which the committees anticipate will have a total cost to the state exceeding $1,000,000 in the current or any succeeding fiscal biennium. The report shall include all of the following:

33,34 Section 34. 13.81 (6) of the statutes is amended to read:

13.81 (6) Reimbursement for special studies. At the end of each fiscal year, the general fund shall be reimbursed, from any other state fund, the amounts actually expended by the joint legislative council under s. 20.765 (3) (e) or (5) for the cost of making and publishing surveys and analyses of activities and policies related to such funds. The council shall bill such state funds at the end of each fiscal year for the costs so incurred, in accordance with cost records maintained by the council.

33,35 Section 35. 13.81 (8) of the statutes is amended to read:

13.81 (8) Conference on legislative procedures. Following each general election, the joint legislative council shall sponsor a conference to acquaint new legislators or legislators-elect with legislative procedures. Expenses for the conference shall be paid from the appropriation under s. 20.765 (3) (e) or (5).

33,36 Section 36. 13.83 (3) (c) 1. of the statutes is amended to read:

13.83 (3) (c) 1. The joint legislative council shall pay the expenses incurred by the members appointed under par. (b) 1., in performing their functions on the special committee, from the appropriation under s. 20.765 (3) (e) or (5).

33,37 Section 37. 13.90 (2) of the statutes is amended to read:

13.90 (2) The cochairpersons of the joint committee on legislative organization or their designated agent shall accept service made under s. 806.04 (11). If the committee, the senate organization committee or the assembly organization committee, determines that the legislature should be represented in the proceeding, that committee shall designate the legislature's representative for the proceeding. The costs of participation in the proceeding shall be paid equally from the appropriations under s. 20.765 (1) (a) and (b) or shall be paid from the appropriation under s. 20.765 (5), if applicable, except that such costs incurred by the department of justice shall be paid from the appropriation under s. 20.455 (1) (d).

33,38 Section 38. 13.90 (4) of the statutes is amended to read:

13.90 (4) The cochairpersons of the joint committee on legislative organization shall authorize payment of fees entitling the legislature to membership in national organizations from the appropriation under s. 20.765 (3) (fa) or (5).

33,39 Section 39. 13.90 (6) of the statutes is amended to read:

13.90 (6) The joint committee on legislative organization shall adopt, revise biennially and submit to the cochairpersons of the joint committee on information policy and technology, the governor and the chief information officer secretary of administration, no later than September 15 of each even-numbered year, a strategic plan for the utilization of information technology to carry out the functions of the legislature and legislative service agencies, as defined in s. 16.70 (6). The plan shall address the business needs of the legislature and legislative service agencies and shall identify all resources relating to information technology which the legislature and legislative service agencies desire to acquire, contingent upon funding availability, the priority for such acquisitions and the justification for such acquisitions. The plan shall also identify any changes in the functioning of the legislature and legislative service agencies under the plan.

33,40 Section 40. 13.92 (1) (b) 1. b. of the statutes is amended to read:

13.92 (1) (b) 1. b. Any agency, as defined in s. 16.70 (1) (1e), created under ch. 13, 14, 15, or 758.

33,40m Section 40m. 13.92 (1) (f) of the statutes is created to read:

13.92 (1) (f) Assistance in locating potential sources of federal funds. The chief of the legislative reference bureau shall assign an employee of the bureau to full-time responsibility for working with state departments and agencies created under ch. 15 and the federal government to try to increase the amount of funds that the departments and agencies receive from the federal government. At the request of a state department or agency, the bureau employee shall assist the department or agency in locating potential sources of federal funding that it may be eligible for and in completing federal grant-writing activities or other application procedures.

33,42 Section 42. 13.93 (2) (h) of the statutes is amended to read:

13.93 (2) (h) Approve specifications and scheduling for computer databases containing the Wisconsin statutes and for the printing of the Wisconsin statutes as prescribed in ss. 22.03 16.971 (6) and 35.56 (5).

33,43 Section 43. 13.93 (2) (k) of the statutes is amended to read:

13.93 (2) (k) Pay, from the appropriation under s. 20.765 (3) (a) or (5), the expenses of attendance at meetings of members of the Commission on Uniform State Laws who are appointed by the governor.

33,44 Section 44. 13.94 (1) (a) of the statutes is amended to read:

13.94 (1) (a) Audit the books and accounts of the treasurer, the moneys on hand in the treasury and all bonds and securities belonging to all public funds on deposit in the treasury or properly accounted for by the treasurer secretary of administration, at least every 2 years; and report the result of such examination in writing to the governor and the joint committee on finance, specifying therein particularly the amount and kind of funds and of all such bonds and securities. The bureau shall transmit a certified copy of such report to the outgoing treasurer and successor secretary of administration.

33,45 Section 45. 13.94 (1) (d) 1. of the statutes is amended to read:

13.94 (1) (d) 1. At least once every 2 years, and at such other times as the governor or legislature directs, examine and see that all the money appearing by the books of the department of administration and state treasurer as belonging to the several funds is in the vaults of the treasury or in the several state depositories.

33,46 Section 46. 13.94 (1) (d) 2. of the statutes is amended to read:

13.94 (1) (d) 2. If the governor directs that such an examination be conducted, the order from the governor shall provide for reimbursement of the legislative audit bureau's costs in making the examination from the appropriation under s. 20.525 (1) (a). No order from the governor for an examination under this paragraph may take precedence over any examination already scheduled by the legislative audit bureau without approval of the joint legislative audit committee. If a deficiency is discovered pursuant to an examination under this paragraph, the governor shall require the treasurer secretary of administration to make up the deficiency immediately; and if the treasurer secretary of administration refuses or neglects for 10 days thereafter to have the full sum belonging to said funds in the treasury the attorney general shall institute proceedings to recover the deficiency.

33,47 Section 47. 13.94 (1) (f) of the statutes is amended to read:

13.94 (1) (f) Certify Whenever a new secretary of administration takes office, certify to the incoming treasurer secretary the balance in the treasury when he or she came into office and all bonds and securities belonging to all public funds on deposit in the treasury or properly accounted for and transmit a certified copy thereof to the outgoing treasurer secretary.

33,49 Section 49. 13.94 (1m) of the statutes is amended to read:

13.94 (1m) Independent experts. The legislative audit bureau may contract for the services of such independent professional or technical experts as deemed necessary to carry out the statutory duties and functions of the bureau within the limits of the amount provided under s. 20.765 (3) (c) or (5); and, in the case of postaudits involving the performance and program accomplishments of a department, shall contract for the services of such subject matter and program specialists from any state or federal agency or public institution of higher learning as deemed necessary by the joint committee on legislative organization.

33,51 Section 51. 14.20 (1) (a) of the statutes is amended to read:

14.20 (1) (a) "Local governmental unit" has the meaning given in s. 22.01 16.97 (7).

33,52 Section 52. 14.20 (2) of the statutes is amended to read:

14.20 (2) From the appropriations appropriation under s. 20.525 (1) (f) and (kf), the governor may provide a grant to any local governmental unit or nonprofit organization for support of a literacy improvement program.

33,53 Section 53. 14.38 (10) (c) of the statutes is amended to read:

14.38 (10) (c) Publish in the official state newspaper within 10 days after the date of publication of an act a notice certifying the number of each act, the number of the bill from which it originated, the date of publication and the relating clause. Each certificate shall also contain a notice of where the full text of each act can be obtained. Costs under this paragraph shall be charged to the appropriation under s. 20.765 (1) (d) or (5).

33,53m Section 53m. 14.46 of the statutes is repealed.

33,54 Section 54. 14.58 (1) (intro.) of the statutes is repealed and recreated to read:

14.58 (1) Sign checks, share drafts, and other drafts. (intro.) Sign checks, share drafts, and other drafts on depositories in which moneys may be deposited in one of the following methods:

33,55 Section 55. 14.58 (2) of the statutes is renumbered 16.401 (2) and amended to read:

16.401 (2) Issue receipts. Issue receipts for all money paid to the treasurer department.

33,56 Section 56. 14.58 (3) of the statutes is renumbered 16.401 (3).

33,57 Section 57. 14.58 (4) of the statutes is renumbered 16.401 (4) and amended to read:

16.401 (4) Pay on warrants sums authorized by law. (a) Pay out of the treasury, on demand, upon the warrants of the department of administration, except as provided in s. 20.929, such sums only as are authorized by law to be so paid, if there are appropriate funds therein to pay the same, and, when any sum is required to be paid out of a particular fund, pay it out of such fund only; and upon each such warrant, when payment is made in currency, take the receipt endorsed on or annexed thereto, of the payee therein named or an authorized agent or assignee. The state treasurer secretary shall accept telephone advice believed by the treasurer him or her to be genuine from any public depository, as defined in s. 34.01 (5), stating that a specified amount of money has been deposited with such public depository for the credit of the state treasurer, and shall act upon such telephone advice as though it had been in writing.

(b) When in the judgment of the state treasurer secretary balances in state public depository accounts are temporarily in excess of that required under par. (a), the treasurer, with the concurrence of the secretary of administration, may authorize the preparation of a warrant in excess of the funds contained in transfer the excess balance to the investment fund for the purpose of investment only. The earnings attributable to the investment of temporary excess balances shall be distributed as provided in sub. (19) (14).

33,58 Section 58. 14.58 (5) of the statutes is renumbered 16.401 (5) and amended to read:

16.401 (5) Account for interest. Pay into the treasury and account for all sums directly or indirectly received by the treasurer secretary by virtue of the treasurer's secretary's office, or as interest or compensation for the use, deposit, or forbearance of any state moneys in the treasurer's secretary's hands or under the treasurer's secretary's control.

33,59 Section 59. 14.58 (6) of the statutes is renumbered 16.401 (6) and amended to read:

16.401 (6) Keep cash and fund accounts. Keep records showing the number, date, and amount of each cash receipt issued by the treasurer's office department and classify said receipts by state funds; submit a summary statement of collections by fund together with a copy of each remittance advice in support thereof; keep also records showing the check, share draft, or other draft number, date, payee, and amount of each cash disbursement and classify said disbursements by state funds; keep a record of the date, payee, and amount of each disbursement made by a money transfer technique other than a check or draft and classify the disbursement by state fund; and verify at the end of each week the amounts shown by the treasurer's secretary's records to represent total cash balance and cash balances of individual state funds by comparing said amounts with corresponding balances appearing on records maintained by the department of administration.

33,60 Section 60. 14.58 (8) (intro.) and (a) to (c) of the statutes are renumbered 16.401 (7) (intro.) and (a) to (c).

33,61 Section 61. 14.58 (8) (d) of the statutes is repealed.

33,62 Section 62. 14.58 (9) of the statutes is renumbered 16.401 (8) and amended to read:

16.401 (8) Biennial Submit biennial report. On or before October 15 of each odd-numbered year, submit to the governor and the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report containing the same information required of departments and independent agencies under s. 15.04 (1) (d). The report shall also As part of the report submitted under s. 15.04 (1) (d), include a statement showing for each of the 2 preceding fiscal years the cash balance in each state fund at the beginning of the fiscal year, the aggregate amount of receipts credited, and the aggregate amount of disbursements charged to each said fund during the fiscal year and the resultant cash balance in each state fund at the end of the fiscal year. This statement shall further show as of the end of each said 2 fiscal years, at par, the aggregate value of securities held for each state fund and the aggregate value of securities held in trust or deposited for safekeeping, and shall show the manner in which the total cash balance was accounted for by listing the balances on deposit in each state account in a public depository, deducting from the total of such balances the aggregate amount of checks, share drafts, or other drafts outstanding and adding thereto the aggregate amount of cash and cash items in office.

33,63 Section 63. 14.58 (10) of the statutes is renumbered 16.401 (9) and amended to read:

16.401 (9) Report certain payments. Whenever the state treasurer secretary or any state department shall remit to any county, city, town, or village any sum in payment of a state aid or other item, the remitter shall transmit a statement of the amount and purpose thereof to the clerk of such municipality. After the receipt thereof, the clerk of such municipality shall present such statement at the next regular meeting of the governing body and shall thereafter file and keep such statement for 6 years.

33,64 Section 64. 14.58 (12) of the statutes is renumbered 16.401 (10) and amended to read:

16.401 (10) Stamp checks and drafts. Cause to be plainly printed or stamped upon each check, share draft, and other draft issued by the state treasurer secretary the period of time, as determined by the state treasurer secretary but not to exceed one year, during which the check or other draft may be presented for payment. The state treasurer secretary shall cancel on his or her records any check or other draft that is not presented for payment within the prescribed time period and shall credit the amount thereof to the fund upon which it is drawn. Notice of such cancellation and credit shall be immediately submitted by the state treasurer to the department of administration.

33,65 Section 65. 14.58 (13) of the statutes is renumbered 16.401 (11) and amended to read:

16.401 (11) Services Provide services in connection with securities held in trust. Upon request therefor from any company, corporation, society, order, or association which that has securities on deposit with the treasurer secretary, in trust, mail to its address not to exceed 60 days before the same become due, any or all interest coupons; return to it any or all bonds, notes, or other deposits as they become due and are replaced by other securities; cut all interest coupons, make any endorsement of interest or otherwise on any such securities; and collect therefor from the company, corporation, society, order, or association making the request, a 25-cent fee for a single coupon cut, or for each entry of interest endorsed on a note or return of a bond, note, or other security, and a 10-cent fee for each additional coupon cut, or entry of interest endorsed on a note, bond, or other security, and may withhold any and all coupons cut or refuse endorsement of interest on securities until such fee is paid. Such fees shall be paid into the state treasury as a part of the general fund, and an extra charge may be required for postage or registered mail.

33,66 Section 66. 14.58 (17) of the statutes is renumbered 16.401 (12) and amended to read:

16.401 (12) Safekeeping Hold safekeeping receipts for federal securities. Whenever any federal securities are purchased under authority of any law and the state treasurer secretary is custodian thereof the treasurer secretary may accept and hold safekeeping receipts of a federal reserve bank for such securities. Each such receipt shall be identified on its face with the name of the fund to which the securities described in the receipt belong.

33,67 Section 67. 14.58 (18) of the statutes is renumbered 16.401 (13) and amended to read:

16.401 (13) Sale of investments. Whenever the department of administration draws a check, share draft, or other draft dated the next following business day upon a fund whose investment and collection is under the exclusive control of the investment board pursuant to s. 25.17 (1), and the receipts of the state treasurer are insufficient to permit a disbursement from said fund in the amount of such check, share draft, or other draft, the investment board shall sell investments owned by such fund for delivery in time to provide sufficient money to cover such check, share draft, or other draft on the date which that it bears.

33,68 Section 68. 14.58 (19) of the statutes is renumbered 16.401 (14).

33,69 Section 69. 14.58 (21) of the statutes is repealed.

33,72 Section 72. 14.65 (1) of the statutes is amended to read:

14.65 (1) The secretary of administration shall transfer from the tuition trust fund or the college savings program trust fund to the general fund an amount equal to the amount expended from the appropriations under s. 20.505 (9) (a), 1995 stats., and s. 20.585 (2) (a) , 2001 stats., and s. 20.585 (2) (am), 2001 stats., when the secretary of administration determines that funds in the tuition trust fund or the college savings program trust fund are sufficient to make the transfer. The secretary of administration may make the transfer in installments.

33,77 Section 77. 15.06 (1) (d) of the statutes is repealed.

33,79 Section 79. 15.07 (1) (b) 5. of the statutes is amended to read:

15.07 (1) (b) 5. Savings and loan institutions review board.