Amendment SSA1-SB40

SB40-SSA1,27,19 16.22 (4) State funding. The department shall annually determine the amount of funding for administrative support of the board that is required for this state to qualify for federal financial assistance to be provided to the board. The department shall apportion that amount equally among the departments of administration, health and family services, public instruction, and workforce development and shall assess those entities for the necessary funding. The department shall credit the moneys received to the appropriation account under s. 20.505 (4) (kb).

SB40-SSA1, s. 78 Section 78. 16.257 of the statutes is created to read:

SB40-SSA1,27,23 16.257 Postsecondary education promotion. For the purpose of promoting attendance at nonprofit postsecondary institutions in this state, the department shall do all of the following:

SB40-SSA1,28,2 (1) Serve as the state's liaison agency between the higher educational aids board, the department of public instruction, the University of Wisconsin System, the technical college system, and other public and private organizations that are interested in promoting postsecondary education in this state.

SB40-SSA1,28,8 (2) (a) Contract with The Wisconsin Covenant Foundation, Inc., if the secretary determines it appropriate, to pay The Wisconsin Covenant Foundation, Inc., an amount not to exceed the amount appropriated under s. 20.505 (4) (bm), to establish and implement a campaign to promote attendance at nonprofit postsecondary educational institutions in this state. Funds may be expended to carry out the contract only as provided in pars. (b) and (c).

SB40-SSA1,28,16 (b) No funds appropriated under s. 20.505 (4) (bm) may be expended until the The Wisconsin Covenant Foundation, Inc., submits to the secretary a report setting forth the amount of private contributions received by The Wisconsin Covenant Foundation, Inc., since the date on which The Wisconsin Covenant Foundation, Inc., last submitted a report under this paragraph. After receiving the report, the secretary may approve the expenditure of funds up to the amount set forth in the report. Total funds expended in any fiscal year may not exceed the amounts in the schedule under s. 20.505 (4) (bm).

SB40-SSA1,28,23 (c) The Wisconsin Covenant Foundation, Inc., shall expend funds appropriated under s. 20.505 (4) (bm) in adherence with the uniform travel schedule amounts approved under s. 20.916 (8). The Wisconsin Covenant Foundation, Inc., may not expend funds appropriated under s. 20.505 (4) (bm) on entertainment, foreign travel, payments to persons not providing goods or services to The Wisconsin Covenant Foundation, Inc., or for other purposes prohibited by contract between The Wisconsin Covenant Foundation, Inc., and the department.

SB40-SSA1,29,3 (3) Coordinate the postsecondary education promotional activities of the department, the persons specified in sub. (1), and The Wisconsin Covenant Foundation, Inc., and prevent duplication of effort in conducting those activities.

SB40-SSA1,29,8 (5) On or before July 1, 2009, and every July 1 thereafter, submit to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), a report on the postsecondary education promotional activities conducted by The Wisconsin Covenant Foundation, Inc., using funds provided under s. 20.505 (4) (bm).

SB40-SSA1, s. 79m Section 79m. 16.40 (24) of the statutes is created to read:

SB40-SSA1,29,13 16.40 (24) Aids for certain local purchases and projects. Provide funding from the appropriation under s. 20.855 (4) (fs) on a one-time basis in the 2007-08 fiscal year for the purposes specified in 2007 Wisconsin Act .... (this act), section 9155 (5a).

SB40-SSA1, s. 79n Section 79n. 16.40 (24) of the statutes, as created by 2007 Wisconsin Act .... (this act), is repealed.

SB40-SSA1, s. 80b Section 80b. 16.41 (4) of the statutes is amended to read:

SB40-SSA1,29,18 16.41 (4) In this section, "authority" means a body created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 231, 233, 234, or 237, or 279.

SB40-SSA1, s. 81b Section 81b. 16.417 (1) (b) of the statutes is amended to read:

SB40-SSA1,29,21 16.417 (1) (b) "Authority" means a body created under subch. II of ch. 114 or ch. 231, 232, 233, 234, 235, or 237, or 279.

SB40-SSA1, s. 82 Section 82. 16.42 (1) (f) of the statutes is repealed.

SB40-SSA1, s. 83 Section 83. 16.423 of the statutes is repealed.

SB40-SSA1, s. 84 Section 84. 16.46 (5g) of the statutes is repealed.

SB40-SSA1, s. 86b Section 86b. 16.52 (7) of the statutes is amended to read:

SB40-SSA1,30,11 16.52 (7) Petty cash account. Petty cash account. With the approval of the secretary, each agency that is authorized to maintain a contingent fund under s. 20.920 may establish a petty cash account from its contingent fund. The procedure for operation and maintenance of petty cash accounts and the character of expenditures therefrom shall be prescribed by the secretary. In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, or 237, or 279.

SB40-SSA1, s. 86d Section 86d. 16.527 (2) (a) of the statutes is renumbered 16.527 (2) (am).

SB40-SSA1, s. 86h Section 86h. 16.527 (2) (ad) of the statutes is created to read:

SB40-SSA1,30,15 16.527 (2) (ad) "Aggregate expected debt service and net exchange payments" means the sum of the following:

SB40-SSA1,30,17 1. The aggregate net payments expected to be made and received under a specified interest exchange agreement under sub. (4) (e).

SB40-SSA1,30,19 2. The aggregate debt service expected to be made on obligations related to that agreement.

SB40-SSA1,30,22 3. The aggregate net payments expected to be made and received under all other interest exchange agreements under sub. (4) (e) relating to those obligations that are in force at the time of executing the agreement.

SB40-SSA1, s. 87 Section 87. 16.527 (4) (e) of the statutes is amended to read:

SB40-SSA1,31,10 16.527 (4) (e) At Subject to pars. (h) and (i), at the time of, or in anticipation of, contracting for the appropriation obligations and at any time thereafter so long as the appropriation obligations are outstanding, the department may enter into agreements and ancillary arrangements relating to the appropriation obligations, including trust indentures, liquidity facilities, remarketing or dealer agreements, letter of credit agreements, insurance policies, guaranty agreements, reimbursement agreements, indexing agreements, or interest exchange agreements. Any payments made or received pursuant to any such agreement or ancillary arrangement shall be made from or deposited as provided in the agreement or ancillary arrangement. The determination of the department included in an interest exchange agreement that such agreement relates to an appropriation obligation shall be conclusive.

SB40-SSA1, s. 88 Section 88. 16.527 (4) (h) of the statutes is created to read:

SB40-SSA1,31,14 16.527 (4) (h) 1. Subject to subd. 2., the terms and conditions of an interest exchange agreement under par. (e) shall not be structured so that, as of the trade date of the agreement, both of the following are reasonably expected to occur:

SB40-SSA1,31,19 a. The aggregate expected debt service and net exchange payments relating to the agreement during the fiscal year in which the trade date occurs will be less than the aggregate expected debt service and net exchange payments relating to the agreement that would be payable during that fiscal year if the agreement is not executed.

SB40-SSA1,31,23 b. The aggregate expected debt service and net exchange payments relating to the agreement in subsequent fiscal years will be greater than the aggregate expected debt service and net exchange payments relating to the agreement that would be payable in those fiscal years if the agreement is not executed.

SB40-SSA1,31,24 2. Subd. 1. shall not apply if either of the follow occurs:

SB40-SSA1,32,4 a. The department receives a determination by the independent financial consulting firm that the terms and conditions of the agreement reflect payments by the state that represent on-market rates as of the trade date for the particular type of agreement.

SB40-SSA1,32,9 b. The department provides written notice to the joint committee on finance of its intention to enter into an agreement that is reasonably expected to satisfy subd. 1., and the joint committee on finance either approves or disapproves, in writing, the department's entering into the agreement within 14 days of receiving the written notice from the commission.

SB40-SSA1,32,12 3. This paragraph shall not limit the liability of the state under an agreement if actual contracted net exchange payments in any fiscal year exceed original expectations.

SB40-SSA1, s. 88d Section 88d. 16.527 (4) (i) of the statutes is created to read:

SB40-SSA1,32,15 16.527 (4) (i) With respect to any interest exchange agreement or agreements specified in par. (e), all of the following shall apply:

SB40-SSA1,32,18 1. The department shall contract with an independent financial consulting firm to determine if the terms and conditions of the agreement reflect a fair market value, as of the proposed date of the execution of the agreement.

SB40-SSA1,32,22 2. The interest exchange agreement must identify by maturity, bond issue, or bond purpose the obligation to which the agreement is related. The determination of the department included in an interest exchange agreement that such agreement relates to an obligation shall be conclusive.

SB40-SSA1,33,2 3. The resolution authorizing the department to enter into any interest exchange agreement shall require that the terms and conditions of the agreement reflect a fair market value as of the date of execution of the agreement, as reflected by the determination of the independent financial consulting firm under subd. 1., and shall establish guidelines for any such agreement, including the following:

SB40-SSA1,33,3 a. The conditions under which the department may enter into the agreements.

SB40-SSA1,33,4 b. The form and content of the agreements.

SB40-SSA1,33,5 c. The aspects of risk exposure associated with the agreements.

SB40-SSA1,33,6 d. The standards and procedures for counterparty selection.

SB40-SSA1,33,8 e. The standards for the procurement of, and the setting aside of reserves, if any, in connection with, the agreements.

SB40-SSA1,33,10 f. The provisions, if any, for collateralization or other requirements for securing any counterparty's obligations under the agreements.

SB40-SSA1,33,12 g. A system for financial monitoring and periodic assessment of the agreements.

SB40-SSA1, s. 88h Section 88h. 16.527 (4) (j) of the statutes is created to read:

SB40-SSA1,33,17 16.527 (4) (j) Semiannually, during any year in which the state is a party to an agreement entered into pursuant to par. (e), the department shall submit a report to the cochairpersons of the joint committee on finance listing all such agreements. The report shall include all of the following:

SB40-SSA1,33,19 1. A description of each agreement, including a summary of its terms and conditions, rates, maturity, and the estimated market value of each agreement.

SB40-SSA1,33,21 2. An accounting of amounts that were required to be paid and received on each agreement.

SB40-SSA1,33,23 3. Any credit enhancement, liquidity facility, or reserves, including an accounting of the costs and expenses incurred by the state.

SB40-SSA1,33,24 4. A description of the counterparty to each agreement.

SB40-SSA1,34,2 5. A description of the counterparty risk, the termination risk, and other risks associated with each agreement.

SB40-SSA1, s. 89b Section 89b. 16.528 (1) (a) of the statutes is amended to read:

SB40-SSA1,34,9 16.528 (1) (a) "Agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, or 237, or 279.

SB40-SSA1, s. 90b Section 90b. 16.53 (2) of the statutes is amended to read:

SB40-SSA1,34,19 16.53 (2) Improper invoices. If an agency receives an improperly completed invoice, the agency shall notify the sender of the invoice within 10 working days after it receives the invoice of the reason it is improperly completed. In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, or 237, or 279.

SB40-SSA1, s. 91 Section 91. 16.53 (10) (a) of the statutes is amended to read:

SB40-SSA1,35,11 16.53 (10) (a) If an emergency arises which requires the department to draw vouchers for payments which will be in excess of available moneys in any state fund, the secretary, after notifying the joint committee on finance under par. (b), may prorate and establish priority schedules for all payments within each fund, including those payments for which a specific payment date is provided by statute, except as otherwise provided in this paragraph. The secretary shall draw all vouchers according to the preference provided in this paragraph. All direct or indirect payments of principal or interest on state bonds and notes issued under subch. I of ch. 18 and payments due, if any, under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a) relating to any public debt contracted under subchs. I and IV of ch. 18 have first priority. All direct or indirect payments of principal or interest on state notes issued under subch. III of ch. 18 have 2nd priority. No payment having a 1st or 2nd priority may be prorated or reduced under this subsection. All state employee payrolls have 3rd priority. The secretary shall draw all remaining vouchers according to a priority determined by the secretary. The secretary shall maintain records of all claims prorated under this subsection.

SB40-SSA1, s. 92b Section 92b. 16.54 (9) (a) 1. of the statutes is amended to read:

SB40-SSA1,35,18 16.54 (9) (a) 1. "Agency" means an office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, or 237, or 279.

SB40-SSA1, s. 93 Section 93 . 16.54 (12) (a) of the statutes is amended to read:

SB40-SSA1,35,25 16.54 (12) (a) The Except as provided under 2007 Wisconsin Act .... (this act), section 9121 (1m), the department of health and family services may not expend or encumber any moneys received under s. 20.435 (8) (mm) unless the department of health and family services submits a plan for the expenditure of the moneys to the department of administration and the department of administration approves the plan.

SB40-SSA1, s. 94 Section 94 . 16.54 (12) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-SSA1,36,8 16.54 (12) (a) Except as provided under 2007 Wisconsin Act .... (this act), section 9121 (1m), the The department of health and family services may not expend or encumber any moneys received under s. 20.435 (8) (mm) unless the department of health and family services submits a plan for the expenditure of the moneys to the department of administration and the department of administration approves the plan.

SB40-SSA1, s. 95 Section 95 . 16.54 (12) (b) of the statutes is amended to read:

SB40-SSA1,36,16 16.54 (12) (b) The Except as provided under 2007 Wisconsin Act .... (this act), section 9155 (1m), the department of workforce development children and families may not expend or encumber any moneys received under s. 20.445 credited to the appropriation account under s. 20.437 (2) (mm) or (3) (mm) unless the department of workforce development children and families submits a plan for the expenditure of the moneys to the department of administration and the department of administration approves the plan.

SB40-SSA1, s. 96 Section 96 . 16.54 (12) (b) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-SSA1,36,24 16.54 (12) (b) Except as provided under 2007 Wisconsin Act .... (this act), section 9155 (1m), the The department of children and families may not expend or encumber any moneys credited to the appropriation account under s. 20.437 (2) (mm) or (3) (mm) unless the department of children and families submits a plan for the expenditure of the moneys to the department of administration and the department of administration approves the plan.

SB40-SSA1, s. 97 Section 97 . 16.54 (12) (d) of the statutes is amended to read:

SB40-SSA1,37,8 16.54 (12) (d) At the end of each fiscal year, the department of administration shall determine the amount of moneys that remain in the appropriation accounts under ss. 20.435 (8) (mm) and 20.445 (3) (mm) that have not been encumbered or expended under 2007 Wisconsin Act .... (this act), section 9121 (1m), or approved for encumbrance or expenditure by the department pursuant to a plan submitted under par. (a) or (b) and shall require that such moneys be lapsed to the general fund. The department shall notify the cochairpersons of the joint committee on finance, in writing, of the department's action under this paragraph.

SB40-SSA1, s. 98 Section 98 . 16.54 (12) (d) of the statutes, as affected by 2007 Wisconsin Act .... (this act), section 97, is amended to read:

SB40-SSA1,37,18 16.54 (12) (d) At the end of each fiscal year, the department of administration shall determine the amount of moneys that remain in the appropriation accounts under ss. 20.435 (8) (mm) and 20.445 20.437 (2) (mm) and (3) (mm) that have not been encumbered or expended under 2007 Wisconsin Act .... (this act), section 9121 9155 (1m), or approved for encumbrance or expenditure by the department pursuant to a plan submitted under par. (a) or (b) and shall require that such moneys be lapsed to the general fund. The department shall notify the cochairpersons of the joint committee on finance, in writing, of the department's action under this paragraph.

SB40-SSA1, s. 99 Section 99. 16.54 (12) (d) of the statutes, as affected by 2007 Wisconsin Act .... (this act), section 98, is repealed and recreated to read:

SB40-SSA1,38,2 16.54 (12) (d) At the end of each fiscal year, the department of administration shall determine the amount of moneys that remain in the appropriation accounts under ss. 20.435 (8) (mm) and 20.437 (2) (mm) and (3) (mm) that have not been approved for encumbrance or expenditure by the department pursuant to a plan submitted under par. (a) or (b) and shall require that such moneys be lapsed to the general fund. The department shall notify the cochairpersons of the joint committee on finance, in writing, of the department's action under this paragraph.

SB40-SSA1, s. 100b Section 100b. 16.70 (2) of the statutes is amended to read:

SB40-SSA1,38,5 16.70 (2) "Authority" means a body created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 231, 232, 233, 234, 235, or 237, or 279.

SB40-SSA1, s. 101d Section 101d. 16.71 (1m) of the statutes is amended to read:

SB40-SSA1,38,17 16.71 (1m) The department shall not delegate to any executive branch agency, other than the board of regents of the University of Wisconsin System, the authority to enter into any contract for materials, supplies, equipment, or contractual services relating to information technology or telecommunications prior to review and approval of the contract by the department. No executive branch agency, other than the board of regents of the University of Wisconsin System, may enter into any such contract without review and approval of the contract by the department. Any executive branch agency that enters into a contract relating to information technology under this section shall comply with the requirements of s. 16.973 (13). Any delegation to the board of regents of the University of Wisconsin System is subject to the limitations prescribed in s. 36.11 (49).

SB40-SSA1, s. 101k Section 101k. 16.72 (2) (e) (intro.) of the statutes is amended to read:

SB40-SSA1,39,4 16.72 (2) (e) (intro.) In writing the specifications under this subsection, the department and any other designated purchasing agent under s. 16.71 (1) shall incorporate requirements for the purchase of products made from recycled materials and recovered materials if their use is technically and economically feasible. Each authority other than the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox River Remediation Authority, and the Health Insurance Risk-Sharing Plan Authority, in writing specifications for purchasing by the authority, shall incorporate requirements for the purchase of products made from recycled materials and recovered materials if their use is technically and economically feasible. The specifications shall include requirements for the purchase of the following materials:

SB40-SSA1, s. 101L Section 101L. 16.72 (2) (f) of the statutes is amended to read:

SB40-SSA1,39,15 16.72 (2) (f) In writing specifications under this subsection, the department, any other designated purchasing agent under s. 16.71 (1), and each authority other than the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox River Remediation Authority, and the Health Insurance Risk-Sharing Plan Authority shall incorporate requirements relating to the recyclability and ultimate disposition of products and, wherever possible, shall write the specifications so as to minimize the amount of solid waste generated by the state, consistent with the priorities established under s. 287.05 (12). All specifications under this subsection shall discourage the purchase of single-use, disposable products and require, whenever practical, the purchase of multiple-use, durable products.

SB40-SSA1, s. 102 Section 102. 16.75 (1) (a) 1. of the statutes, as affected by 2005 Wisconsin Act 141, is amended to read:

SB40-SSA1,40,2 16.75 (1) (a) 1. All orders awarded or contracts made by the department for all materials, supplies, equipment, and contractual services to be provided to any agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t), (6), (7), (8), (9), (10e), and (10m) and ss. 16.73 (4) (a), 16.751, 16.754, 16.964 (8), 50.05 (7) (f), 153.05 (2m) (a), and 287.15 (7), and 301.265, shall be awarded to the lowest responsible bidder, taking into consideration life cycle cost estimates under sub. (1m), when appropriate, the location of the agency, the quantities of the articles to be supplied, their conformity with the specifications, and the purposes for which they are required and the date of delivery.

SB40-SSA1, s. 102e Section 102e. 16.75 (1m) of the statutes is amended to read: