2005 Wisconsin Act 25

25,24 Section 24. 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).

25,25 Section 25. 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).

25,27 Section 27. 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).

25,28 Section 28. 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).

25,30 Section 30. 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.

25,31 Section 31. 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.

25,32 Section 32. 13.95 (1m) of the statutes is repealed and recreated to read:

13.95 (1m) Duties of the bureau; biennial budget bill. (a) In this subsection, "version of the biennial budget bill or bills" means the executive biennial budget bill or bills, as modified by an amendment offered by the joint committee on finance, as engrossed by the first house, as concurred in and amended by the 2nd house or as nonconcurred in by the 2nd house, or as reported by any committee on conference.

(b) The legislative fiscal bureau shall prepare a statement of estimated general purpose revenue receipts and expenditures in the biennium following the succeeding biennium based on recommendations in each version of the biennial budget bill or bills.

25,32m Section 32m. 14.019 (2) of the statutes is amended to read:

14.019 (2) Effect of appropriation. Subsection (1) continues to apply to any nonstatutory committee created by the governor even if a part of its expenses is later defrayed from state funds, whether under the general appropriation of s. 20.505 (4) (ba) (1) (ka) or under an appropriation enacted specifically for the purposes of such committee.

25,33 Section 33. 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).

25,37 Section 37. 14.90 (2) of the statutes is amended to read:

14.90 (2) The members of the commission shall serve without compensation but shall be reimbursed from the appropriation under s. 20.505 (4) (ba) (1) (ka) for actual and necessary expenses incurred in the performance of their duties. The commission has the powers granted and the duties imposed under s. 39.80.

25,38b Section 38b. 14.90 (3) of the statutes is amended to read:

14.90 (3) From the appropriation under s. 20.505 (4) (ba) (1) (ka), the department of administration shall pay the costs of membership in and costs associated with the midwestern higher education compact.

25,40 Section 40. 15.01 (2) of the statutes is amended to read:

15.01 (2) "Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the Wisconsin waterways commission which shall consist of 5 members, and the parole commission which shall consist of 8 members, and the Fox River management commission which shall consist of 7 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a "commission", but is not a commission for purposes of s. 15.06. The parole commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06. The sentencing commission created under s. 15.105 (27) shall be known as a "commission" but is not a commission for purposes of s. 15.06 (1) to (4m), (7), and (9).

25,40m Section 40m. 15.01 (4) of the statutes is amended to read:

15.01 (4) "Council" means a part-time body appointed to function on a continuing basis for the study, and recommendation of solutions and policy alternatives, of the problems arising in a specified functional area of state government, except the Wisconsin land council has the powers specified in s. 16.965 (3) and (5) and the powers granted to agencies under ch. 227, the Milwaukee River revitalization council has the powers and duties specified in s. 23.18, the council on physical disabilities has the powers and duties specified in s. 46.29 (1) and (2), and the state council on alcohol and other drug abuse has the powers and duties specified in s. 14.24.

25,41g Section 41g. 15.07 (1) (b) 23. of the statutes is created to read:

15.07 (1) (b) 23. Cemetery board.

25,41m Section 41m. 15.07 (1) (cm) of the statutes is amended to read:

15.07 (1) (cm) The term of one member of the ethics board shall expire on each May 1. The terms of 3 members of the development finance board appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every even-numbered year and the terms of the other 3 members appointed under s. 15.155 (1) (a) 6. shall expire on May 1 of every odd-numbered year. The terms of the 3 members of the land and water conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1. The term of the member of the land and water conservation board appointed under s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of members of the real estate board shall expire on July 1. The terms of the appraiser members of the real estate appraisers board and the terms of the auctioneer and auction company representative members of the auctioneer board shall expire on May 1 in an even-numbered year. The terms of the members of the cemetery board shall expire on July 1 in an even-numbered year.

25,41r Section 41r. 15.07 (1) (cs) of the statutes is amended to read:

15.07 (1) (cs) No member of the auctioneer board, cemetery board, real estate appraisers board, or real estate board may be an officer, director, or employee of a private organization that promotes or furthers any profession or occupation regulated by that board.

25,42m Section 42m. 15.07 (2) (k) of the statutes is repealed.

25,44m Section 44m. 15.07 (3) (b) of the statutes is amended to read:

15.07 (3) (b) Except as provided in par. (bm), each board not covered under par. (a) shall meet annually, and may meet at other times on the call of the chairperson or a majority of its members. The auctioneer board, the cemetery board, the real estate board, and the real estate appraisers board shall also meet on the call of the secretary of regulation and licensing or his or her designee within the department.

25,45g Section 45g. 15.07 (3) (bm) 6. of the statutes is created to read:

15.07 (3) (bm) 6. The cemetery board shall meet at least 4 times each year.

25,45m Section 45m. 15.07 (5) (z) of the statutes is created to read:

15.07 (5) (z) Members of the cemetery board, $25 per day.

25,47 Section 47. 15.105 (12) (e) of the statutes is amended to read:

15.105 (12) (e) Executive director. The board shall appoint an executive director under or outside of the classified service to serve at its pleasure.

25,48 Section 48. 15.105 (12) (f) of the statutes is amended to read:

15.105 (12) (f) Assistance. The executive director board may request contract with any state agency to provide assistance necessary for the board to fulfill its duties.

25,52 Section 52. 15.16 (2) of the statutes is repealed.

25,53m Section 53m. 15.225 (3) of the statutes is repealed.

25,54 Section 54. 15.345 (5) of the statutes is repealed.

25,55m Section 55m. 15.405 (3m) of the statutes is created to read:

15.405 (3m) Cemetery board. (a) In this subsection:

1. "Business representative" has the meaning given in s. 452.01 (3k).

2. "Licensed cemetery authority" means a cemetery authority that is licensed under s. 440.91 (1).

(b) There is created in the department of regulation and licensing a cemetery board consisting of the following members, who shall serve 4-year terms:

1. Four members, each of whom is a business representative of a licensed cemetery authority.

2. Two public members.

(c) No member of the cemetery board may be a business representative of a religious cemetery authority, unless the religious cemetery is regulated by the board.

(d) No member of the cemetery board may serve more than 2 terms.

25,56 Section 56. 15.495 of the statutes is renumbered 15.945 and amended to read:

15.945 Same; attached board. (1) Educational approval board. There is created an educational approval board which is attached to the department of veterans affairs technical college system board under s. 15.03. The board shall consist of not more than 7 members, who shall be representatives of state agencies and other persons with a demonstrated interest in educational programs, appointed to serve at the pleasure of the governor.

25,57 Section 57. 16.004 (13) of the statutes is repealed.

25,60 Section 60. 16.27 (3) (e) 2. of the statutes is repealed.

25,61 Section 61. 16.27 (3) (e) 3. of the statutes is amended to read:

16.27 (3) (e) 3. Except as provided under subd. 6., allocate the balance of funds received under 42 USC 8621 to 8629 in a federal fiscal year, after making the allocations under pars. (c) and (d) and subds. 1. and 2. subd. 1., for the payment of heating assistance or for the payment of crisis assistance under sub. (6).

25,62 Section 62. 16.40 (14) of the statutes is amended to read:

16.40 (14) Committees. Perform administrative services required to properly account for the finances of committees created by law or executive order. The governor may authorize each committee to make expenditures from the appropriation under s. 20.505 (4) (ba) (1) (ka) not exceeding $2,000 per fiscal year. The governor shall report such authorized expenditures to the joint committee on finance at the next quarterly meeting of the committee. If the governor desires to authorize expenditures of more than $2,000 per fiscal year by a committee, the governor shall submit to the joint committee on finance for its approval a complete budget for all expenditures made or to be made by the committee. The budget may cover a period encompassing more than one fiscal year or biennium during the governor's term of office. If the joint committee on finance approves a budget authorizing expenditures of more than $2,000 per fiscal year by such a committee, the governor may authorize the expenditures to be made within the limits of the appropriation under s. 20.505 (4) (ba) (1) (ka) in accordance with the approved budget during the period covered by the budget. If after the joint committee on finance approves a budget for such a committee the governor desires to authorize expenditures in excess of the authorized expenditures under the approved budget, the governor shall submit a modified budget for the committee to the joint committee on finance. If the joint committee on finance approves a modified budget, the governor may authorize additional expenditures to be made within the limits of the appropriation under s. 20.505 (4) (ba) (1) (ka) in accordance with the modified budget during the period covered by the modified budget.

25,62m Section 62m. 16.40 (17) of the statutes is amended to read:

16.40 (17) Interstate bodies. Perform administrative services required to properly account for dues and related expenses for state participation in national or regional interstate governmental bodies specified in s. 20.505 (4) (ba) (1) (ka) or determined by the governor.

25,63 Section 63. 16.43 of the statutes is amended to read:

16.43 Budget compiled. The secretary shall compile and submit to the governor or the governor-elect and to each person elected to serve in the legislature during the next biennium, not later than November 20 of each even-numbered year, a compilation giving all of the data required by s. 16.46 to be included in the state budget report, except the recommendations of the governor and the explanation thereof. The secretary shall not include in the compilation any provision for the development or implementation of an information technology development project for an executive branch agency that is not consistent with the strategic plan of the agency, as approved under s. 16.976. The secretary may distribute the budget compilation in printed or optical disk format.

25,64 Section 64. 16.45 of the statutes is amended to read:

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

25,65 Section 65. 16.46 (5m) of the statutes is repealed and recreated to read:

16.46 (5m) A statement of estimated general purpose revenue receipts and expenditures in the biennium following the succeeding biennium based on recommendations in the budget bill or bills.

25,65m Section 65m. 16.465 of the statutes is amended to read:

16.465 Budget stabilization Taxpayer protection fund reallocations. The secretary may reallocate moneys in the budget stabilization taxpayer protection fund to other funds in the manner provided in s. 20.002 (11). No interest may be assessed to the general fund on account of such a reallocation.

25,66 Section 66. 16.50 (1) (b) of the statutes is amended to read:

16.50 (1) (b) This subsection does not apply to appropriations under ss. 20.255 (2) (ac) and (r), 20.835, and 20.865 (4).

25,66m Section 66m. 16.50 (7) (b) of the statutes is amended to read:

16.50 (7) (b) Following such notification, the governor shall submit a bill containing his or her recommendations for correcting the imbalance between projected revenues and authorized expenditures, including a recommendation as to whether moneys should be transferred from the budget stabilization taxpayer protection fund to the general fund. If the legislature is not in a floorperiod at the time of the secretary's notification, the governor shall call a special session of the legislature to take up the matter of the projected revenue shortfall and the governor shall submit his or her bill for consideration at that session.

25,67 Section 67. 16.505 (3m) of the statutes is repealed.

25,68a Section 68a. 16.518 (title) of the statutes is amended to read:

16.518 (title) Transfers to the budget stabilization taxpayer protection fund and the cash building projects fund.

25,68g Section 68g. 16.518 (3) (a) of the statutes is amended to read:

16.518 (3) (a) Subject to par. (b), if the amount of moneys projected to be deposited in the general fund during the fiscal year that are designated as "Taxes" in the summary is less than the amount of such moneys actually deposited in the general fund during the fiscal year, the secretary shall annually transfer from the general fund to the budget stabilization taxpayer protection fund 50% of the amount calculated under sub. (2).

25,68i Section 68i. 16.518 (3) (b) 1. of the statutes is repealed.

25,68j Section 68j. 16.518 (3) (b) 2. of the statutes is renumbered 16.518 (3) (b).

25,72 Section 72. 16.52 (10) of the statutes is amended to read:

16.52 (10) Department of public instruction. The provisions of sub. (2) with respect to refunds and sub. (5) (a) with respect to reimbursements for the prior fiscal year shall not apply to the appropriations appropriation under s. 20.255 (2) (ac) and (r).

25,78m Section 78m. 16.528 (5) of the statutes is amended to read:

16.528 (5) Reports of interest paid. Annually before October 1, each agency shall report to the department the number of times in the previous fiscal year the agency paid interest under this section, the total amount of interest paid and the reasons why interest payments were not avoided by making timely payment. This subsection does not apply to the Board of Regents of the University of Wisconsin System.