SB55-ASA1,46,2320
(c) Notwithstanding s. 20.928 (1), in certifying the sum of moneys needed to pay
21any costs associated with a position that is created under par. (a), the board of regents
22may only certify the sum that is permitted under the memorandum of understanding
23entered into under par. (b).
SB55-ASA1,47,224
(d) Notwithstanding s. 16.42 (1), in submitting information under s. 16.42 for
25the biennial budget bill or bills, the board of regents may only include that portion
1of the cost of funding the positions created under par. (a) that is permitted under the
2memorandum of understanding entered into under par. (b).
SB55-ASA1,47,6
416.518 Transfers to the budget stabilization fund and the tax relief
5fund. (1) In this section, "summary" means the amount shown in the summary in
6s. 20.005 (1), as published in the biennial budget act or acts.
SB55-ASA1,47,10
7(2) Annually, the secretary shall calculate the difference between the amount
8of moneys projected to be deposited in the general fund during the fiscal year that
9are designated as "Taxes" in the summary and the amount of such moneys actually
10deposited in the general fund during the fiscal year.
SB55-ASA1,47,15
11(3) (a) Subject to par. (b), if the amount of moneys projected to be deposited in
12the general fund during the fiscal year that are designated as "Taxes" in the
13summary is less than the amount of such moneys actually deposited in the general
14fund during the fiscal year, the secretary shall annually transfer from the general
15fund to the budget stabilization fund 50% of the amount calculated under sub. (2).
SB55-ASA1,47,1916
(b) 1. If the balance of the budget stabilization fund on June 30 of the fiscal year
17is at least equal to 5% of the estimated expenditures from the general fund during
18the fiscal year, as reported in the summary, the secretary may not make the transfer
19under par. (a).
SB55-ASA1,47,2520
2. If the amount transferred under par. (a) would cause the general fund
21balance on June 30 of the fiscal year to be less than the general fund balance that is
22required under s. 20.003 (4) for that fiscal year, the secretary shall reduce the amount
23transferred under par. (a) to the amount that would cause the general fund balance
24to be equal to the minimum general fund balance that is required under s. 20.003 (4)
25for that fiscal year.
SB55-ASA1,48,8
1(4) If the amount of moneys projected to be deposited in the general fund during
2the fiscal year that are designated as "Taxes" in the summary is less than the amount
3of such moneys actually deposited in the general fund during the fiscal year,
4annually the secretary shall calculate the difference between the amount calculated
5under sub. (2) and the amount transferred to the budget stabilization fund under
6sub. (3). If the difference between the amounts is at least $115,000,000, the secretary
7shall transfer from the general fund to the tax relief fund the amount that exceeds
8$115,000,000.
SB55-ASA1,48,12
1016.519 Fund transfers relating to tobacco settlement agreement. (1) 11In this section, "tobacco settlement agreement" means the Attorneys General Master
12Tobacco Settlement Agreement of November 23, 1998.
SB55-ASA1,48,18
13(3) If the state has not received in fiscal year 2001-02 at least $6,032,300 under
14the tobacco settlement agreement, because the secretary, under s. 16.63, has sold the
15state's right to receive any of the payments under the tobacco settlement agreement,
16the secretary shall transfer from the general fund to the tobacco control fund an
17amount equal to $6,032,300 less any payments received under the tobacco
18settlement agreement and deposited in the tobacco control fund in that fiscal year.
SB55-ASA1,49,2
19(4) Beginning in fiscal year 2002-03, if the state has not received at least
20$15,345,100 in that fiscal year or in any fiscal year thereafter under the tobacco
21settlement agreement, because the secretary, under s. 16.63, has sold the state's
22right to receive any of the payments under the tobacco settlement agreement, the
23secretary shall transfer from the general fund to the tobacco control fund in each
24fiscal year in which the state has not received at least $15,345,100 under the tobacco
25settlement agreement an amount equal to $15,345,100 less any payments received
1under the tobacco settlement agreement and deposited in the tobacco control fund
2in the fiscal year.
SB55-ASA1,49,154
16.52
(6) (a) Except as authorized in s. 16.74, all purchase orders, contracts,
5or printing orders for any agency as defined in s. 16.70 (1) shall, before any liability
6is incurred thereon, be submitted to the secretary for his or her approval as to legality
7of purpose and sufficiency of appropriated and allotted funds therefor. In all cases
8the date of the contract or order governs the fiscal year to which the contract or order
9is chargeable, unless the secretary determines that the purpose of the contract or
10order is to prevent lapsing of appropriations or to otherwise circumvent budgetary
11intent. Upon such approval, the secretary shall immediately encumber all contracts
12or orders, and indicate the fiscal year to which they are chargeable
, except that, for
13contracts for services funded from the appropriation under s. 20.435 (2) (bj), the
14secretary may encumber less than the amount of the contract if it is expected that
15billing for that contract may be submitted in the next fiscal year.
SB55-ASA1,50,217
16.52
(7) Petty cash account. With the approval of the secretary, each agency
18which is authorized to maintain a contingent fund under s. 20.920 may establish a
19petty cash account from its contingent fund. The procedure for operation and
20maintenance of petty cash accounts and the character of expenditures therefrom
21shall be prescribed by the secretary. In this subsection, "agency" means an office,
22department, independent agency, institution of higher education, association,
23society or other body in state government created or authorized to be created by the
24constitution or any law, which is entitled to expend moneys appropriated by law,
1including the legislature and the courts, but not including an authority created in
2ch. 231, 233
or, 234
, or 237.
SB55-ASA1,50,74
16.52
(10) Department of public instruction. The provisions of sub. (2) with
5respect to refunds and sub. (5) (a) with respect to reimbursements for the prior fiscal
6year shall not apply to the
appropriations appropriation under s. 20.255 (2) (ac)
and
7(q).
SB55-ASA1, s. 83
8Section
83. 16.528 (1) (a) of the statutes is amended to read:
SB55-ASA1,50,139
16.528
(1) (a) "Agency" means an office, department, independent agency,
10institution of higher education, association, society or other body in state
11government created or authorized to be created by the constitution or any law, which
12is entitled to expend moneys appropriated by law, including the legislature and the
13courts, but not including an authority created in ch. 231, 233
or, 234
, or 237.
SB55-ASA1,50,2215
16.53
(2) Improper invoices. If an agency receives an improperly completed
16invoice, the agency shall notify the sender of the invoice within 10 working days after
17it receives the invoice of the reason it is improperly completed. In this subsection,
18"agency" means an office, department, independent agency, institution of higher
19education, association, society or other body in state government created or
20authorized to be created by the constitution or any law, which is entitled to expend
21moneys appropriated by law, including the legislature and the courts, but not
22including an authority created in ch. 231, 233
or, 234
, or 237.
SB55-ASA1,51,424
16.53
(14) Review of proposed incorporations and annexations. The
25department may prescribe and collect a fee for review of any petition for
1incorporation of a municipality under s. 66.0203 or any petition for annexation of
2municipal territory under s. 66.0217. The fee shall be paid by the person or persons
3filing the petition for incorporation or by the person or persons filing the notice of the
4proposed annexation.
SB55-ASA1,51,236
16.54
(2) (a) 2. Whenever a block grant is made to this state under any federal
7law enacted after August 31, 1995, which authorizes the distribution of block grants
8for the purposes for which the grant is made, the governor shall not administer and
9no board, commission
, or department may encumber or expend moneys received as
10a part of the grant unless the governor first notifies the cochairpersons of the joint
11committee on finance, in writing, that the grant has been made. The notice shall
12contain a description of the purposes proposed by the governor for expenditure of the
13moneys received as a part of the grant. If the cochairpersons of the committee do not
14notify the governor that the committee has scheduled a meeting for the purpose of
15reviewing the proposed expenditure of grant moneys within 14 working days after
16the date of the governor's notification, the moneys may be expended as proposed by
17the governor. If, within 14 working days after the date of the governor's notification,
18the cochairpersons of the committee notify the governor that the committee has
19scheduled a meeting for the purpose of reviewing the proposed expenditure of grant
20moneys, no moneys received as a part of the grant may be expended without the
21approval of the committee. This subdivision does not apply to the expenditure of
22block grant funds that are allocated under s. 49.175
in the fiscal year in which the
23funds are allocated under s. 49.175.
SB55-ASA1, s. 86
24Section
86. 16.54 (9) (a) 1. of the statutes is amended to read:
SB55-ASA1,52,5
116.54
(9) (a) 1. "Agency" means an office, department, independent agency,
2institution of higher education, association, society or other body in state
3government created or authorized to be created by the constitution or any law, which
4is entitled to expend moneys appropriated by law, including the legislature and the
5courts, but not including an authority created in ch. 231, 233
or, 234
, or 237.
SB55-ASA1,52,137
16.54
(13) (a) If the state receives any interest payments from the federal
8government relating to the timing of transfers of federal grant funds for programs
9that are funded with moneys from the general fund and that are covered in an
10agreement between the federal department of the treasury and the state under the
11federal Cash Management Improvement Act of 1990, as amended, the payments,
12less applicable administrative costs, shall be deposited in the general fund as general
13purpose revenue — earned.
SB55-ASA1,52,2114
(b) If the state is required to pay any interest payments to the federal
15government relating to the timing of transfers of federal grant funds for programs
16that are funded with moneys from the general fund and that are covered in an
17agreement between the federal department of the treasury and the state under the
18federal Cash Management Improvement Act of 1990, as amended, the secretary
19shall notify the cochairpersons of the joint committee on finance, in writing, that the
20state is required to pay an interest payment. The notice shall contain an accounting
21of the amount of interest that the state is required to pay.
SB55-ASA1,53,523
16.545
(9) To
process applications for grants from the federal government upon
24request of any agency initiate contacts with the federal government for the purpose
25of facilitating participation by agencies, as defined in s. 16.70 (1)
, in federal aid
1programs, to assist those agencies in applying for such aid, and to facilitate
2influencing the federal government to make policy changes that will be beneficial to
3this state. The department may assess
to an agency
for whom it processes an
4application to which it provides services under this subsection a fee for the expenses
5incurred by the department in
performing this service
providing those services.
SB55-ASA1, s. 89
6Section
89. 16.61 (2) (af) of the statutes is amended to read:
SB55-ASA1,53,77
16.61
(2) (af) "Form" has the meaning specified in s.
16.97 22.01 (5p).
SB55-ASA1,53,109
16.61
(3n) Exempt forms. The board may not receive or investigate complaints
10about the forms specified in s.
16.971 22.03 (2m).
SB55-ASA1,53,1512
16.62
(2) The department may establish user charges for records storage and
13retrieval services, with any moneys collected to be credited to the appropriation
14account under s. 20.505 (1) (im) or
(kd) (kb). Such charges shall be structured to
15encourage efficient utilization of the services.
SB55-ASA1,53,1917
16.62
(3) The department may establish user fees for the services of the public
18records board. Any moneys collected shall be credited to the appropriation account
19under s. 20.505 (1)
(kd) (kb).
SB55-ASA1,53,22
2116.63 Sale of state's rights to tobacco settlement agreement payments. 22(1) In this section:
SB55-ASA1,53,2423
(a) "Purchaser" means any person who has purchased the state's right to
24receive any of the payments under the tobacco settlement agreement.
SB55-ASA1,54,2
1(b) "Tobacco settlement agreement" means the Attorneys General Master
2Tobacco Settlement Agreement of November 23, 1998.
SB55-ASA1,54,53
(c) "Tobacco settlement revenues" means the right to receive settlement
4payments arising from or pursuant to the tobacco settlement agreement and all
5direct or indirect proceeds of that right.
SB55-ASA1,54,7
6(2) The secretary may sell for cash or other consideration the state's right to
7receive any of the payments under the tobacco settlement agreement.
SB55-ASA1,54,11
8(3) The secretary may organize one or more nonstock corporations under ch.
9181 or limited liability companies under ch. 183 for any purpose related to the sale
10of the state's right to receive any of the payments under the tobacco settlement
11agreement and may take any action necessary to facilitate and complete the sale.
SB55-ASA1,54,16
12(3m) 1. If the secretary sells the state's right to receive any of the payments
13under the tobacco settlement agreement, the secretary shall require, as a condition
14of the sale, that the purchaser notify the secretary if any bonds or other obligations
15are issued that are secured by any of the payments and provide the secretary with
16all information on the distribution of the bond or obligation proceeds.
SB55-ASA1,54,1917
2. The secretary shall submit a report to the joint committee on finance that
18includes all of the information provided to the secretary by the purchaser under subd.
191.
SB55-ASA1,54,21
20(4) (a) Tobacco settlement revenues may not be deemed proceeds of any
21property which is not tobacco settlement revenues.
SB55-ASA1,54,2522
(b) Except as otherwise provided in this subsection, the creation, perfection,
23and enforcement of security interests in tobacco settlement revenues are governed
24by ch. 409. Notwithstanding ch. 409, with regard to creating, perfecting, and
25enforcing a valid security interest in tobacco settlement revenues:
SB55-ASA1,55,3
11. If this state or the Wisconsin health and educational facilities authority is
2the debtor in the transaction, the proper place to file the required financing
3statement to perfect the security interest is the department of financial institutions.
SB55-ASA1,55,94
2. The required financing statement shall include a description of collateral
5that describes the collateral as general intangibles consisting of the right to receive
6settlement payments arising from or pursuant to the tobacco settlement agreement
7and all proceeds of that right. The required financing statement may include any
8additional description of collateral that is legally sufficient under the laws of this
9state.
SB55-ASA1,55,1110
3. The tobacco settlement revenues are general intangibles for purposes of ch.
11409.
SB55-ASA1,55,2112
4. A security interest perfected under this paragraph is enforceable against the
13debtor, any assignee or grantee, and all third parties, including creditors under any
14lien obtained by judicial proceedings, subject only to the rights of any third parties
15holding security interests in the tobacco settlement revenues previously perfected
16under this paragraph. Unless the applicable security agreement provides otherwise,
17a perfected security interest in the tobacco settlement revenues is a continuously
18perfected security interest in all tobacco settlement revenues existing on the date of
19the agreement or arising after the date of the agreement. A security interest
20perfected under this paragraph has priority over any other lien created by operation
21of law or otherwise, which subsequently attaches to the tobacco settlement revenues.
SB55-ASA1,55,2422
5. The priority of a security interest created under this paragraph is not
23affected by the commingling of proceeds arising from the tobacco settlement
24revenues with other amounts.
SB55-ASA1,56,3
1(c) The sale, assignment, and transfer of tobacco settlement revenues are
2governed by this paragraph. All of the following apply to a sale, assignment, or
3transfer under this paragraph:
SB55-ASA1,56,104
1. The sale, assignment, or transfer is an absolute transfer of, and not a pledge
5of or secured transaction relating to, the seller's right, title, and interest in, to, and
6under the tobacco settlement revenues, if the documents governing the transaction
7expressly state that the transaction is a sale or other absolute transfer. After such
8a transaction, the tobacco settlement revenues are not subject to any claims of the
9seller or the seller's creditors, other than creditors holding a prior security interest
10in the tobacco settlement revenues perfected under par. (b).
SB55-ASA1,56,1311
2. The characterization of the sale, assignment, or transfer as an absolute
12transfer under subd. 1. and the corresponding characterization of the purchaser's
13property interest is not affected by any of the following factors:
SB55-ASA1,56,1514
a. Commingling of amounts arising with respect to the tobacco settlement
15revenues with other amounts.
SB55-ASA1,56,1816
b. The retention by the seller of a partial or residual interest, including an
17equity interest, in the tobacco settlement revenues, whether direct or indirect, or
18whether subordinate or otherwise.
SB55-ASA1,56,2019
c. The sale, assignment, or transfer of only a portion of the tobacco settlement
20revenues or an undivided interest in the tobacco settlement revenues.
SB55-ASA1,56,2121
d. Any recourse that the purchaser or its assignees may have against the seller.
SB55-ASA1,56,2522
e. Whether the seller is responsible for collecting payments due under the
23tobacco settlement revenues or for otherwise enforcing any of the tobacco settlement
24revenues or retains legal title to the tobacco settlement revenues for the purpose of
25these collection activities.
SB55-ASA1,57,1
1f. The treatment of the sale, assignment, or transfer for tax purposes.
SB55-ASA1,57,42
3. The sale, assignment, or transfer is perfected automatically as against third
3parties, including any third parties with liens created by operation of law or
4otherwise, upon attachment under ch. 409.
SB55-ASA1,57,95
4. Nothing in this subsection precludes consideration of the factors listed in
6subd. 2. a. to e. in determining whether the sale, assignment, or transfer is a sale for
7tax purposes. The characterization of the sale, assignment, or transfer as an
8absolute transfer under subd. 1. may not be considered in determining whether the
9sale, assignment, or transfer is a sale for tax purposes.
SB55-ASA1,57,22
10(5) If the secretary sells the state's right to receive any of the payments under
11the tobacco settlement agreement, the state pledges to and agrees with any
12purchaser or subsequent transferee of the state's right to receive any of the payments
13under the tobacco settlement agreement that the state will not limit or alter its
14powers to fulfill the terms of the tobacco settlement agreement, nor will the state in
15any way impair the rights and remedies provided under the tobacco settlement
16agreement. The state also pledges to and agrees with any purchaser or subsequent
17transferee of the state's right to receive any of the payments under the tobacco
18settlement agreement that the state will pay all costs and expenses in connection
19with any action or proceeding brought by or on behalf of the purchaser or any
20subsequent transferee related to the state's not fulfilling the terms of the tobacco
21settlement agreement. The secretary may include this pledge and agreement of the
22state in any contract that is entered into by the secretary under this section.
SB55-ASA1,58,6
23(6) If the secretary sells the state's right to receive any of the payments under
24the tobacco settlement agreement, the state pledges to and agrees with any
25purchaser or subsequent transferee of the state's right to receive any of the payments
1under the tobacco settlement agreement that the state will not limit or alter the
2powers of the secretary under this section until any contract that is entered into
3under this section is fully performed, unless adequate provision is made by law for
4the protection of the rights and remedies of the purchaser or any subsequent
5transferee under the contract. The secretary may include this pledge and agreement
6of the state in any contract that is entered into by the secretary under this section.
SB55-ASA1,58,12
7(8) This subsection and subs. (8m) and (9) shall govern all civil claims, suits,
8proceedings, and actions brought against the state relating to the sale of the state's
9right to receive any of the payments under the tobacco settlement agreement. If the
10state fails to comply with this section or the terms of any agreement relating to the
11sale of the state's right to receive any of the payments under the tobacco settlement
12agreement, an action to compel compliance may be commenced against the state.
SB55-ASA1,58,15
13(8m) If the recovery of a money judgment against the state is necessary to give
14the plaintiff in an action under sub. (8) complete relief, a claim for the money
15damages may be joined with the claim commenced under sub. (8).
SB55-ASA1,58,20
16(9) Sections 16.007, 16.53, and 775.01 do not apply to claims against the state
17under sub. (8) or (8m). If there is a final judgment against the state in such an action,
18the judgment shall be paid as provided in s. 775.04 together with interest at the rate
19of 10% per year from the date such payment was judged to have been due until the
20date of payment of the judgment.
SB55-ASA1,58,2322
16.70
(2) "Authority" means a body created under ch. 231, 232, 233
or, 234
, 235,
23or 237.
SB55-ASA1,59,4
116.70
(3) "Contractual services" includes all services, materials to be furnished
2by a service provider in connection with services, and any limited trades work
3involving less than
$20,000 $30,000 to be done for or furnished to the state or any
4agency.
SB55-ASA1,59,66
16.70
(4m) "Information technology" has the meaning given in s. 22.01 (6).
SB55-ASA1,59,88
16.70
(15) "Telecommunications" has the meaning given in s. 22.01 (10).
SB55-ASA1,59,1910
16.71
(1) Except as otherwise required under this section
and s. 16.78 or as
11authorized in s. 16.74, the department shall purchase and may delegate to special
12designated agents the authority to purchase all necessary materials, supplies,
13equipment, all other permanent personal property and miscellaneous capital, and
14contractual services and all other expense of a consumable nature for all agencies.
15In making any delegation, the department shall require the agent to adhere to all
16requirements imposed upon the department in making purchases under this
17subchapter. All materials, services and other things and expense furnished to any
18agency and interest paid under s. 16.528 shall be charged to the proper appropriation
19of the agency to which furnished.
SB55-ASA1,60,321
16.71
(1m) The department shall not delegate to any executive branch agency,
22other than the board of regents of the University of Wisconsin System, the authority
23to enter into any contract for materials, supplies, equipment, or contractual services
24relating to information technology or telecommunications prior to review and
25approval of the contract by the chief information officer. No executive branch agency,
1other than the board of regents of the University of Wisconsin System, may enter into
2any such contract without review and approval of the contract by the chief
3information officer.
SB55-ASA1,60,95
16.71
(2m) The department of administration shall delegate authority to make
6all purchases for the department of electronic government to the department of
7electronic government. This delegation may not be withdrawn, but the department
8of electronic government may elect to make any purchase through the department
9of administration.