Amendment ASA-AB150

AB150-ASA,27,9 (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) (34).

AB150-ASA, s. 53j Section 53j. 14.58 (5) of the statutes is renumbered 16.40 (24) and amended to read:

AB150-ASA,27,16 16.40 (24) 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 his or her control.

AB150-ASA, s. 53k Section 53k. 14.58 (6) of the statutes is renumbered 16.40 (25) and amended to read:

AB150-ASA,28,5 16.40 (25) Keep cash and fund accounts. Keep records showing the number, date and amount of each cash receipt issued by the treasurer's office secretary 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; and 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 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.

AB150-ASA, s. 53L Section 53L. 14.58 (8) of the statutes is renumbered 16.40 (26), and 16.40 (26) (d), as renumbered, is amended to read:

AB150-ASA,28,10 16.40 (26) (d) Any other information pertaining to the duties of the state treasurer secretary under this subchapter, as determined by the state treasurer secretary or required by the governor.

AB150-ASA, s. 53m Section 53m. 14.58 (9) of the statutes is amended to read:

AB150-ASA,29,2 14.58 (9) 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 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.

AB150-ASA, s. 53n Section 53n. 14.58 (10) of the statutes is renumbered 16.413 and amended to read:

AB150-ASA,29,11 16.413 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.

AB150-ASA, s. 53q Section 53q. 14.58 (12) of the statutes is renumbered 16.40 (30) and amended to read:

AB150-ASA,29,22 16.40 (30) 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.

AB150-ASA, s. 53r Section 53r. 14.58 (13) of the statutes is renumbered 16.40 (31) and amended to read:

AB150-ASA,30,14 16.40 (31) Services in connection with securities held in trust. Upon request therefor from any company, corporation, society, order or association which 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 indorsement 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 indorsed 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 indorsed on a note, bond or other security, and may withhold any and all coupons cut or refuse indorsement 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.

AB150-ASA, s. 53s Section 53s. 14.58 (17) of the statutes is renumbered 16.414 and amended to read:

AB150-ASA,30,22 16.414 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.

AB150-ASA, s. 53t Section 53t. 14.58 (18) of the statutes is renumbered 16.416 and amended to read:

AB150-ASA,31,8 16.416 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 secretary 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 it bears.

AB150-ASA, s. 53u Section 53u. 14.58 (19) of the statutes is renumbered 16.40 (34) and amended to read:

AB150-ASA,31,19 16.40 (34) Apportion interest. Apportion at least quarterly the interest earned on state moneys in all depositories among the several funds as provided in s. 25.14 (3), except that earnings attributable to the investment of temporary excess balances under sub. (4) (23) (b) shall be distributed according to a formula prescribed by the depository selection board. To the maximum extent deemed administratively feasible by the depository selection board, the formula shall approximate the distribution of earnings among funds which would occur if earnings were allocated in proportion to each fund's actual contribution to the earnings. Interest so apportioned shall be added to and become a part of such funds.

AB150-ASA, s. 53w Section 53w. 14.58 (21) of the statutes is renumbered 16.40 (36) and amended to read:

AB150-ASA,31,24 16.40 (36) Credit card use charges. From moneys received under ss. 59.20 (8) and (8m) and 85.14 (1) (b), pay the charges under ss. 23.49 and 85.14 (1) (b) and (2) from the appropriation under s. 20.585 20.505 (1) (km) (kq).

AB150-ASA, s. 59 Section 59. 14.59 of the statutes is created to read:

AB150-ASA,32,7 14.59 Training conferences. The state treasurer may conduct conferences for the purpose of training county and municipal clerks and treasurers, and employes of their offices, in their official responsibilities. The treasurer may charge participants in any conference a fee for participation which shall not exceed the proportionate cost of conducting the conference. The treasurer shall credit all revenues from fees assessed under this section to the appropriation account under s. 20.585 (1) (h).

AB150-ASA, s. 64m Section 64m. 14.62 of the statutes is repealed.

AB150-ASA, s. 65 Section 65. 14.82 (1) (intro.) of the statutes is amended to read:

AB150-ASA,33,5 14.82 (1) (intro.) Minnesota-Wisconsin. There is created a commission of 5 citizens nominated by the governor, and with the advice and consent of the senate appointed, for staggered 5-year terms, to represent this state on the joint Minnesota-Wisconsin boundary area commission. Any vacancy shall be filled for the balance of the unexpired term. To assist the commission, there is created a legislative advisory committee comprising 4 senators and 6 representatives to the assembly appointed as are the members of standing committees in their respective houses, and a technical advisory committee of 2 members appointed by the governor and one member each appointed by the governing board or head of the following agencies, to represent such agencies: the department of justice, the department of administration, the department of agriculture, trade and consumer protection, the department of natural resources, the department of health and social services, the public service commission, the department of tourism and the department of development. The members of the commission and the members of its advisory committees shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties, from the appropriation made by s. 20.315 (1), on vouchers approved by the Wisconsin member of the commission selected to serve as its chairperson or vice chairperson. All other expenses incurred by the commission in the course of exercising its powers and duties, unless met in some other manner specifically provided by statute, shall be paid by the commission out of its own funds.

AB150-ASA, s. 66 Section 66. 14.85 (2) of the statutes is amended to read:

AB150-ASA,33,10 14.85 (2) The secretaries secretary of development, the secretary of tourism, the secretary of natural resources and, the secretary of transportation, and the director of the historical society, or their designees, shall serve as nonvoting members of the commission.

AB150-ASA, s. 67 Section 67. 14.85 (8) (d) of the statutes is amended to read:

AB150-ASA,33,23 14.85 (8) (d) If permitted by law, any state agency or local public body, board, commission or agency may allocate funds under its control to fund programs recommended by the commission. If the department of development determines that a program recommended by the commission to undertake activities relating to the promotion of tourism and economic development is consistent with the department's statewide tourism marketing and economic development plans, priorities and resources, the department shall have primary responsibility to support the activities of the program. If the department of tourism determines that a program recommended by the commission to undertake activities relating to the promotion of tourism is consistent with the department's statewide tourism marketing plans, priorities and resources, the department shall have primary responsibility to support the activities of the program.

AB150-ASA, s. 68 Section 68. 14.85 (9) of the statutes is amended to read:

AB150-ASA,34,7 14.85 (9) The commission may establish a technical committee to advise the commission. The members of the committee shall include at least one employe each from the departments department of transportation, the department of tourism and the department of development. The commission shall request the departments department of transportation, the department of tourism and the department of development to designate employes to serve on the committee and may request any other state agency to designate an employe to serve on the committee.

AB150-ASA, s. 71 Section 71. Subchapter VI of chapter 14 [precedes 14.91] of the statutes is created to read:

AB150-ASA,34,10 Chapter 14

AB150-ASA,34,13 SuBCHAPTER vi Office of the state superintendent Of public instruction

AB150-ASA,34,18 14.91 Creation of office of the state superintendent of public instruction. There is created an office of the state superintendent of public instruction attached to the department of education under s. 15.03. The office shall be under the direction and supervision of the state superintendent of public instruction.

AB150-ASA,34,20 14.93 Duties of state superintendent of public instruction. (1) The state superintendent of public instruction shall do all of the following:

AB150-ASA,34,22 (a) Visit, ascertain the condition of and stimulate public interest in the public elementary and secondary schools of this state.

AB150-ASA,34,24 (b) Advocate for the needs of the children of this state and the school districts of this state.

AB150-ASA,35,2 (c) Provide information to the public on the public elementary and secondary schools and school districts of this state.

AB150-ASA,35,6 (d) Annually submit to the governor, and to the legislature under s. 13.172 (2), a plan for improving the public elementary and secondary schools of this state and for improving the academic achievement of public elementary and secondary school pupils.

AB150-ASA,35,8 (e) Annually by October 1, report to the legislature under s. 13.172 (2) his or her activities during the previous fiscal year.

AB150-ASA,35,9 (2) The state superintendent of public instruction may do all of the following:

AB150-ASA,35,11 (a) Designate a staff member as the state superintendent's representative on any body on which the state superintendent is required to serve.

AB150-ASA,35,14 (b) Attend such educational meetings and make such investigations as the state superintendent deems important and as will acquaint the state superintendent with the different systems of public schools in the United States.

AB150-ASA, s. 72 Section 72. 15.01 (2) of the statutes is amended to read:

AB150-ASA,36,2 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 sentencing commission which shall consist of 17 education commission which shall consist of 11 members, the Wisconsin waterways commission which shall consist of 5 members, the parole commission which shall consist of 5 members and, the Fox river management commission which shall consist of 7 members and the Wisconsin sesquicentennial commission which shall consist of 21 members. A Wisconsin group created for participation in a continuing interstate body 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.

AB150-ASA, s. 73 Section 73. 15.01 (4) of the statutes is amended to read:

AB150-ASA,36,11 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 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), the privacy council has the powers specified in s. 19.625 and the state council on alcohol and other drug abuse has the powers and duties specified in s. 14.24.

AB150-ASA, s. 74 Section 74. 15.01 (6) of the statutes is amended to read:

AB150-ASA,36,23 15.01 (6) "Division," "bureau," "section" and "unit" means the subunits of a department or an independent agency, whether specifically created by law or created by the head of the department or the independent agency for the more economic and efficient administration and operation of the programs assigned to the department or independent agency. The office of justice assistance in the department of administration has and the office of credit unions in the department of financial institutions have the meaning of "division" under this subsection. The office of health care information in the office of the commissioner of insurance, the office of the long-term care ombudsman under the board on aging and long-term care and the office of educational accountability in the department of public instruction have the meaning of "bureau" under this subsection.

AB150-ASA, s. 75 Section 75. 15.02 (1) of the statutes is amended to read:

AB150-ASA,37,3 15.02 (1) Separate constitutional offices. The governor, lieutenant governor, secretary of state, state superintendent of public instruction and state treasurer each head a staff to be termed the "office" of the respective constitutional officer.

AB150-ASA, s. 76 Section 76. 15.02 (3) (c) 1. of the statutes is amended to read:

AB150-ASA,37,11 15.02 (3) (c) 1. The principal subunit of the department is the "division". Each division shall be headed by an "administrator". The office of justice assistance in the department of administration has and the office of credit unions in the department of financial institutions have the meaning of "division" and the executive staff director of the office of justice assistance in the department of administration has and the director of credit unions have the meaning of "administrator" under this subdivision.

AB150-ASA, s. 76c Section 76c. 15.02 (3) (c) 2m. of the statutes is created to read:

AB150-ASA,37,14 15.02 (3) (c) 2m. Notwithstanding subds. 1. and 2., the principal subunit of the department of tourism is the "bureau", which shall be headed by a "director".

AB150-ASA, s. 77m Section 77m. 15.04 (1) (c) of the statutes is amended to read:

AB150-ASA,38,2 15.04 (1) (c) Advisory bodies. In addition to any councils specifically created by law, create and appoint such councils or committees as the operation of the department or independent agency requires. Each council or committee created under this paragraph is terminated upon expiration of the term of office of the governor during whose term the council or committee is created, unless terminated at an earlier date by the head of the department or independent agency in which the council or committee is created. Members of councils and committees created under this general authority shall serve without compensation, but may be reimbursed for their actual and necessary expenses incurred in the performance of their duties and, if such reimbursement is made, such reimbursement in the case of an officer or employe of this state who represents an agency as a member of such a council or committee shall be paid by the agency which pays the officer's or employe's salary.

AB150-ASA, s. 77n Section 77n. 15.04 (1) (cm) of the statutes is created to read:

AB150-ASA,38,8 15.04 (1) (cm) Termination of certain nonstatutory councils and committees. Notwithstanding par. (c), each council and committee created under that paragraph that is in existence on January 3, 1999, terminates on that date unless the council or committee is terminated at an earlier date by the head of the department or independent agency in which the council or committee is created.

AB150-ASA, s. 77p Section 77p. 15.04 (1) (cm) of the statutes, as created by 1995 Wisconsin Act Wisconsin Act .... (this act), is repealed.

AB150-ASA, s. 78 Section 78. 15.04 (1) (h) of the statutes is amended to read:

AB150-ASA,38,17 15.04 (1) (h) (title) Report of forms and papers used records management. Annually, no later than September 1, file with the public records and forms board a report which shall include such information relative to records and forms management as may be specified by the board. The report shall cover all previously unsubmitted forms and papers that were required to be filed with the department or independent agency during the preceding fiscal year.

AB150-ASA, s. 79 Section 79. 15.04 (1) (j) of the statutes is amended to read:

AB150-ASA,38,23 15.04 (1) (j) Records and forms officer. Appoint a records and forms officer, who shall be responsible for reviewing, consolidating, simplifying, designing and filing all records and forms compliance by the department or independent agency with all records and forms management laws and rules and who may prevent any form from being put into use.

AB150-ASA, s. 79h Section 79h. 15.05 (1) (b) of the statutes is amended to read:

AB150-ASA,39,9 15.05 (1) (b) If Except as provided in pars. (c) and (d), if a department is under the direction and supervision of a board, the board shall appoint a secretary to serve at the pleasure of the board outside the classified service. In such departments, the powers and duties of the board shall be regulatory, advisory and policy-making, and not administrative. All of the administrative powers and duties of the department are vested in the secretary, to be administered by him or her under the direction of the board. The secretary, with the approval of the board, shall promulgate rules for administering the department and performing the duties assigned to the department.

AB150-ASA, s. 79r Section 79r. 15.05 (1) (c) of the statutes is created to read:

AB150-ASA,39,13 15.05 (1) (c) The secretary of natural resources shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor.

AB150-ASA, s. 79s Section 79s. 15.05 (1) (d) of the statutes is created to read:

AB150-ASA,39,17 15.05 (1) (d) The secretary of agriculture, trade and consumer protection shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor.

AB150-ASA, s. 80m Section 80m. 15.05 (3) of the statutes is repealed.

AB150-ASA, s. 81 Section 81. 15.05 (3m) of the statutes is created to read:

AB150-ASA,39,22 15.05 (3m) Field district or field area directors. Each secretary may appoint a director under the classified service for each district or area office established in his or her department under s. 15.02 (3) (b).

AB150-ASA, s. 81m Section 81m. 15.05 (5) of the statutes is repealed.

AB150-ASA, s. 82 Section 82. 15.06 (1) (a) of the statutes is amended to read:

AB150-ASA,40,4 15.06 (1) (a) Except as otherwise provided in this subsection and s. 15.105 (17) ss. 15.37 and 15.705 (3), the members of commissions shall be nominated by the governor, and with the advice and consent of the senate appointed, for staggered 6-year terms expiring on March 1 of the odd-numbered years.

AB150-ASA, s. 84 Section 84. 15.06 (1) (b) of the statutes is amended to read:

AB150-ASA,40,11 15.06 (1) (b) The commissioners commissioner of banking, credit unions, savings and loan, insurance and securities shall each be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor. The governor may remove from office the commissioners commissioner of banking, credit unions, savings and loan, insurance and securities who were was appointed for a fixed term before August 1, 1987.

AB150-ASA, s. 86m Section 86m. 15.06 (1) (f) of the statutes is repealed.

AB150-ASA, s. 88m Section 88m. 15.06 (2) (intro.) of the statutes is amended to read:

AB150-ASA,40,19 15.06 (2) Selection of officers. (intro.) Each Except as provided in s. 44.25 (5), each commission may annually elect officers other than a chairperson from among its members as its work requires. Any officer may be reappointed or reelected. At the time of making new nominations to commissions, the governor shall designate a member or nominee of each commission to serve as the commission's chairperson for a 2-year term expiring on March 1 of the odd-numbered year except that:

AB150-ASA, s. 90m Section 90m. 15.06 (2) (c) of the statutes is created to read:

AB150-ASA,40,22 15.06 (2) (c) The state superintendent of public instruction shall serve as the chairperson of the education commission.