SB44, s. 127
10Section
127. 15.225 (3) (b) 6m. of the statutes is renumbered 15.227 (18) (b)
116m.
SB44, s. 128
12Section
128. 15.225 (3) (b) 7g. of the statutes is renumbered 15.227 (18) (b) 7g.
SB44, s. 129
13Section
129. 15.225 (3) (b) 8g. of the statutes is renumbered 15.227 (18) (b) 8g.
SB44, s. 130
14Section
130. 15.225 (3) (b) 8m. of the statutes is renumbered 15.227 (18) (b)
158m.
SB44, s. 131
16Section
131. 15.225 (3) (b) 9. of the statutes is renumbered 15.227 (18) (b) 9.
SB44, s. 132
17Section
132. 15.253 (4) of the statutes is repealed.
SB44, s. 133
18Section
133. 15.255 (2) (b) 4. of the statutes is amended to read:
SB44,78,2219
15.255
(2) (b) 4. Two members
, who are citizens of this state but who are not
20employed in law enforcement, by a district attorney
, or as specified in subd. 3.
, who
21are citizens of this state and who are not assignable prosecutors, as defined in s.
22978.001 (1c).
SB44, s. 134
23Section
134. 15.67 of the statutes is repealed.
SB44, s. 135
24Section
135. 15.78 of the statutes is amended to read:
SB44,79,6
115.78 Public defender board. There is created a public defender board
2consisting of 9 members appointed for staggered 3-year terms. No member may be,
3or be employed on the staff of, a judicial or law enforcement officer, district attorney,
4corporation counsel, or the state public defender.
No member may be an assignable
5prosecutor, as defined in s. 978.001 (1c). At least 5 members shall be members of the
6State Bar of Wisconsin.
SB44, s. 136
7Section
136. 15.79 of the statutes is amended to read:
SB44,79,15
815.79 Public service commission; creation. There is created a public
9service commission. No member of the commission may have a financial interest in
10a
railroad or public utility. If any member voluntarily becomes so interested, the
11member's office shall become vacant. If the member involuntarily becomes so
12interested, the member's office shall become vacant unless the member divests
13himself or herself of the interest within a reasonable time. No commissioner may
14serve on or under any committee of a political party. Each commissioner shall hold
15office until a successor is appointed and qualified.
SB44, s. 137
16Section
137. 15.795 of the statutes is repealed.
SB44, s. 138
17Section
138. 15.80 of the statutes is repealed.
SB44, s. 139
18Section
139. 16.003 (2) of the statutes is amended to read:
SB44,79,2219
16.003
(2) Staff. Except as provided in ss. 16.548, 16.57, 978.03 (1), (1m)
, and
20(2), 978.04
and, 978.05 (8) (b),
and 978.14 (1) (d), the secretary shall appoint the staff
21necessary for performing the duties of the department. All staff shall be appointed
22under the classified service except as otherwise provided by law.
SB44, s. 140
23Section
140. 16.004 (7) (a) of the statutes is amended to read:
SB44,80,1124
16.004
(7) (a) The secretary shall establish and maintain a personnel
25management information system which shall be used to furnish the governor
, and
1the legislature
and the department of employment relations with current
2information pertaining to authorized positions, payroll and related items for all civil
3service employees, except employees of the office of the governor, the courts and
4judicial branch agencies, and the legislature and legislative service agencies. It is
5the intent of the legislature that the University of Wisconsin System provide position
6and other information to the department and the legislature, which includes
7appropriate data on each position, facilitates accountability for each authorized
8position and traces each position over time. Nothing in this paragraph may be
9interpreted as limiting the authority of the board of regents of the University of
10Wisconsin System to allocate and reallocate positions by funding source within the
11legally authorized levels.
SB44, s. 141
12Section
141. 16.004 (15) of the statutes is created to read:
SB44,80,1513
16.004
(15) Legal Services. (a) In this subsection, "state agency" means an
14office, commission, department, independent agency, or board in the executive
15branch of state government, and includes the building commission.
SB44,80,1916
(b) The department may provide legal services to state agencies. Annually, the
17department shall assess each state agency for the cost of the legal services provided
18to the state agency. The department shall credit all moneys received from state
19agencies under this paragraph to the appropriation account under s. 20.505 (1) (kr).
SB44, s. 142
20Section
142. 16.006 of the statutes is amended to read:
SB44,81,14
2116.006 Treatment of classified employees. Those individuals holding
22positions in the classified service in the department who are engaged in legislative
23text processing functions and who achieved permanent status in class on August 9,
241989, shall retain, while serving in the unclassified service in the legislature or any
25legislative branch agency, those protections afforded employees in the classified
1service under ss. 230.34 (1)
(a) (ah) and 230.44 (1) (c) relating to demotion,
2suspension, discharge, layoff, or reduction in base pay except that the applicability
3of any reduction in base pay of such an employee shall be determined on the basis
4of the base pay received by the employee on August 9, 1989, plus the total amount
5of any subsequent general economic increases provided in the compensation plan
6under s. 230.12 for nonrepresented employees in the classified service. Such
7employees shall also have reinstatement privileges to the classified service as
8provided under s. 230.33 (1). Employees of the department holding positions in the
9classified service on August 9, 1989, who are engaged in legislative text processing
10functions and who have not achieved permanent status in class in any position in the
11department on that date are eligible to receive the protections and privileges
12preserved under this section if they successfully complete service equivalent to the
13probationary period required in the classified service for the positions which they
14hold.
SB44, s. 143
15Section
143. 16.009 (3) (intro.), (a) and (bm) of the statutes are consolidated,
16renumbered 16.009 (3) and amended to read:
SB44,81,2017
16.009
(3) The board may
: (a) Contract contract with any state agency to carry
18out the board's activities
. (bm) Employ an attorney for, including the provision of
19legal services in accordance with requirements of the long-term care ombudsman
20program under
42 USC 3027 (a) (12) and
42 USC 3058g (g).
SB44, s. 144
21Section
144. 16.009 (5) (c) of the statutes is repealed.
SB44, s. 145
22Section
145. 16.009 (5) (d) of the statutes is amended to read:
SB44,82,223
16.009
(5) (d) Any employee
of an employer not described in par. (c) and who
24is discharged or otherwise retaliated or discriminated against in violation of par. (a)
1may file a complaint with the department of workforce development under s. 106.54
2(5).
SB44, s. 146
3Section
146. 16.009 (5) (e) of the statutes is amended to read:
SB44,82,64
16.009
(5) (e) Any person not described in par.
(c) or (d) who is retaliated or
5discriminated against in violation of par. (a) may commence an action in circuit court
6for damages incurred as a result of the violation.
SB44, s. 147
7Section
147. 16.023 (2) of the statutes is amended to read:
SB44,82,178
16.023
(2) In conjunction with the working group established under sub. (1) (L)
91., the council shall, not later than one year after October 14, 1997, develop
10evaluation criteria for its functions under sub. (1). The council shall complete a
11report that contains an evaluation of its functions and activities not later than
12September 1,
2002 2004, and shall submit the report to the chief clerk of each house
13of the legislature, for distribution to the legislature under s. 13.172 (2), and to the
14governor. The report shall also include a recommendation as to whether the council
15should continue in existence past its sunset date specified in s. 15.107 (16) (e) and,
16if so, a recommendation as to whether any structural modifications should be made
17to the council's functions or to the state's land use programs.
SB44, s. 148
18Section
148. 16.023 (3) of the statutes is amended to read:
SB44,82,1919
16.023
(3) Subsections (1) and (2) do not apply after August 31,
2003 2005.
SB44, s. 149
20Section
149. 16.25 of the statutes is renumbered 560.9813, and 560.9813 (3)
21(d) and (4), as renumbered, are amended to read:
SB44,83,622
560.9813
(3) (d) 1. Subject to subd. 2., the board shall match all annual
23municipal contributions paid for volunteer fire fighters and emergency medical
24technicians up to $250 per fiscal year, other than contributions paid for the purchase
25of additional years of service under par. (e), to be paid from the appropriation account
1under s.
20.505 (4) (er) 20.143 (1) (eu). This amount shall be adjusted annually on
2July 1 to reflect any changes in the U.S. consumer price index for all urban
3consumers, U.S. city average, as determined by the U.S. department of labor, for the
412-month period ending on the preceding December 31. The board shall pay all
5amounts that are matched under this paragraph to the individuals and
6organizations offering the plans selected by the municipalities.
SB44,83,107
2. If the moneys appropriated under s.
20.505 (4) (er) 20.143 (1) (eu) are not
8sufficient to fully fund the contributions required to be paid by the board under subd.
91., the board shall prorate the contributions paid for the volunteer fire fighters and
10emergency medical technicians.
SB44,83,17
11(4) (a) The board shall establish by rule the requirements for, and the
12qualifications of, the individuals and organizations in the private sector that are
13eligible to provide administrative services and investment plans under the program,
14other than services funded from the appropriation under s.
20.505 (4) (ec) 20.143 (1)
15(et). In establishing the requirements and qualifications, the board shall develop
16criteria of financial stability that each individual and organization must meet in
17order to offer the services and plans under the program.
SB44,83,2318
(b) The board may contract with any individual or organization in the private
19sector that seeks to provide administrative services and investment plans required
20for the program, other than services funded from the appropriation under s.
20.505
21(4) (ec) 20.143 (1) (et), if the individual or organization fulfills the requirements and
22has the qualifications established by the board under par. (a). Section 16.72 (2) (b)
23does not apply to any such contract.
SB44, s. 150
24Section
150. Subchapter II (title) of chapter 16 [precedes 16.30] of the statutes
25is renumbered subchapter X (title) of chapter 560 [precedes 560.9801].
SB44, s. 151
1Section
151. 16.30 of the statutes is renumbered 560.9801.
SB44, s. 152
2Section
152. 16.31 of the statutes is renumbered 560.9802.
SB44, s. 153
3Section
153. 16.33 of the statutes, as affected by
2001 Wisconsin Act 109, is
4renumbered 560.9803, and 560.9803 (1) (a) and (3) (a), as renumbered, are amended
5to read:
SB44,84,96
560.9803
(1) (a) Subject to sub. (2), make grants or loans, directly or through
7agents designated under s.
16.334 560.9804, from the appropriation under s.
20.505
8(7) 20.143 (2) (b) to persons or families of low or moderate income to defray housing
9costs of the person or family.
SB44,84,11
10(3) (a) The department may make grants or loans under sub. (1) (a) directly or
11through agents designated under s.
16.334 560.9804.
SB44, s. 154
12Section
154. 16.334 of the statutes is renumbered 560.9804, and 560.9804 (1)
13(a) and (c), as renumbered, are amended to read:
SB44,84,1514
560.9804
(1) (a) Award grants and loans under s.
16.33 560.9803 (1) and (2)
15subject to the approval of the department.
SB44,84,1716
(c) On terms approved by the department, administer and disburse funds from
17a grant or loan under s.
16.33 560.9803 on behalf of the recipient of the grant or loan.
SB44, s. 155
18Section
155. 16.336 of the statutes is renumbered 560.9805.
SB44, s. 156
19Section
156. 16.339 of the statutes is renumbered 560.9806, and 560.9806 (2)
20(a), as renumbered, is amended to read:
SB44,85,221
560.9806
(2) (a) From the appropriation under s.
20.505 (7) 20.143 (2) (fm), the
22department may award a grant to an eligible applicant for the purpose of providing
23transitional housing and associated supportive services to homeless individuals and
24families if the conditions under par. (b) are satisfied. The department shall ensure
1that the funds for the grants are reasonably balanced among geographic areas of the
2state, consistent with the quality of applications submitted.
SB44, s. 157
3Section
157. 16.35 of the statutes is renumbered 560.9815.
SB44, s. 158
4Section
158. 16.351 of the statutes is renumbered 560.9807, and 560.9807 (1),
5as renumbered, is amended to read:
SB44,85,96
560.9807
(1) Grants. From moneys available under s.
20.505 (7) 20.143 (2) (h),
7the department shall make grants to organizations, including organizations
8operated for profit, that provide shelter or services to homeless individuals or
9families.
SB44, s. 159
10Section
159. 16.352 of the statutes is renumbered 560.9808, and 560.9808 (2)
11(a) and (b) (intro.), as renumbered, are amended to read:
SB44,85,1812
560.9808
(2) (a) From the appropriations under s.
20.505 (7) 20.143 (2) (fm) and
13(h), the department shall award grants to eligible applicants for the purpose of
14supplementing the operating budgets of agencies and shelter facilities that have or
15anticipate a need for additional funding because of the renovation or expansion of an
16existing shelter facility, the development of an existing building into a shelter facility,
17the expansion of shelter services for homeless persons, or an inability to obtain
18adequate funding to continue the provision of an existing level of services.
SB44,85,2119
(b) (intro.) The department shall allocate funds from the appropriations under
20s.
20.505 (7) 20.143 (2) (fm) and (h) for temporary shelter for homeless individuals
21and families as follows:
SB44, s. 160
22Section
160. 16.358 of the statutes is renumbered 560.9809, and 560.9809 (1),
23as renumbered, is amended to read:
SB44,86,224
560.9809
(1) The department may administer housing programs, including the
25housing improvement grant program and the initial rehabilitation grant program,
1that are funded by a community development block grant,
42 USC 5301 to
5320,
2under a contract entered into with the department of commerce under s. 560.045.
SB44, s. 161
3Section
161. 16.375 of the statutes is renumbered 560.9810.
SB44, s. 162
4Section
162. 16.385 of the statutes is renumbered 16.27, and 16.27 (3) (b), (c),
5(d) and (e) (intro.), 1. and 7., as renumbered, are amended to read:
SB44,86,86
16.27
(3) (b) By October 1 of every year from the appropriation under s.
20.505
7(7) (o) 20.505 (1) (mb), determine the total amount available for payment of heating
8assistance under sub. (6) and determine the benefit schedule.
SB44,86,119
(c) From the appropriation under s.
20.505 (7) (m)
20.505 (1) (mb), allocate
10$1,100,000 in each federal fiscal year for the department's expenses in administering
11the funds to provide low-income energy assistance.
SB44,86,1512
(d) From the appropriation under s.
20.505 (7) (o)
20.505 (1) (mb), allocate
13$2,900,000 in each federal fiscal year for the expenses of a county department,
14another local governmental agency or a private nonprofit organization in
15administering under sub. (4) the funds to provide low-income energy assistance.
SB44,86,1616
(e) (intro.) From the appropriation under s.
20.505 (7) (o) 20.505 (1) (mb):
SB44,86,2217
1. Allocate and transfer to the appropriation under s. 20.505
(7) (km) (1) (kn),
1815% of the moneys received under
42 USC 8621 to
8629 in each federal fiscal year
19under the priority of maintaining funding for the geographical areas on July 20,
201985, and, if funding is reduced, prorating contracted levels of payment, for the
21weatherization assistance program administered by the department under s.
16.39 2216.26.
SB44,87,223
7. By October 1 of each year and after consulting with the department of
24administration, allocate funds budgeted but not spent and any funds remaining from
1previous fiscal years to heating assistance under sub. (6) or to the weatherization
2assistance program under s.
16.39 16.26.
SB44, s. 163
3Section
163. 16.39 of the statutes is renumbered 16.26.
SB44, s. 164
4Section
164
. 16.40 (18) of the statutes is amended to read:
SB44,87,105
16.40
(18) Require agencies to provide copies. Require each state agency, at
6the time that the agency submits a request to the department for an increased
7appropriation to be provided in an executive budget bill which is necessitated by the
8compensation plan under s. 230.12 or a collective bargaining agreement approved
9under s. 111.92, to provide a copy of the request to
the secretary of employment
10relations and the joint committee on employment relations.
SB44, s. 165
11Section
165. 16.401 (intro.) of the statutes is created to read:
SB44,87,12
1216.401 Treasury management. (intro.) The department shall:
SB44, s. 166
13Section
166. 16.401 (1) of the statutes is created to read:
SB44,87,1714
16.401
(1) Have custody of moneys. Receive and have charge of all moneys
15paid into the treasury and any other moneys received by officers and employees of
16state agencies, and pay out the moneys as directed by law, except as provided in ss.
1716.52 (7), 20.907 (5) (b), 20.920, and 20.929.
SB44, s. 167
18Section
167. 16.406 of the statutes is created to read:
SB44,88,4
1916.406 Request to issue certain general obligation debt. Annually, on or
20before September 1, but not after 2005, the department shall prepare an estimate of
21the net balances of the general fund for the fiscal year corresponding with the year
22in which the department makes an estimate under this section. Copies of the
23estimates shall be provided to the cochairpersons of the joint committee on finance
24and to the legislative fiscal bureau. If the estimated net general fund balance for the
25fiscal year, as certified by the department, is less than the estimated net general fund
1balance for that fiscal year as shown in the most recent schedule under s. 20.005 (1),
2the secretary of administration may request that the building commission refund the
3whole or any part of any unpaid indebtedness used to finance tax-supported or
4self-amortizing facilities from moneys appropriated under s. 20.866 (2) (xe).
SB44, s. 168
5Section
168. 16.412 of the statutes is amended to read:
SB44,88,10
616.412 Agency payments. At the request of any agency
, the secretary
, with
7the approval of the state treasurer, may authorize the processing of specified regular
8periodic payments through the use of money transfer techniques including, without
9limitation because of enumeration, direct deposit, electronic funds transfer
, and
10automated clearinghouse procedures.
SB44, s. 169
11Section
169
. 16.415 (1) of the statutes is amended to read:
SB44,88,2312
16.415
(1) Neither the secretary nor any other fiscal officer of this state may
13draw, sign
, or issue, or authorize the drawing, signing
, or issuing of any warrant on
14the treasurer or other disbursing officer of the state to pay any compensation to any
15person in the classified service of the state unless an estimate, payroll
, or account for
16such compensation, containing the names of every person to be paid, bears the
17certificate of the appointing authority that each person named in the estimate,
18payroll or account has been appointed, employed
, or subject to any other personnel
19transaction in accordance with, and that the pay for the person has been established
20in accordance with, the law, compensation plan
, or applicable collective bargaining
21agreement, and
applicable rules of the
secretary of employment relations and the
22administrator of the division of merit recruitment and selection in the department
23of employment relations then in effect.
SB44, s. 170
24Section
170
. 16.415 (1) of the statutes, as affected by 2003 Wisconsin Act ....
25(this act), is amended to read:
SB44,89,11
116.415
(1) Neither the secretary nor any other fiscal officer of this state may
2draw, sign, or issue, or authorize the drawing, signing, or issuing of any warrant on
3the treasurer or other any disbursing officer of the state to pay any compensation to
4any person in the classified service of the state unless an estimate, payroll, or account
5for such compensation, containing the names of every person to be paid, bears the
6certificate of the appointing authority that each person named in the estimate,
7payroll
, or account has been appointed, employed, or subject to any other personnel
8transaction in accordance with, and that the pay for the person has been established
9in accordance with, the law, compensation plan, or applicable collective bargaining
10agreement, and applicable rules of the administrator of the division of merit
11recruitment and selection in the department then in effect.
SB44, s. 171
12Section
171. 16.415 (3) of the statutes is amended to read:
SB44,89,2513
16.415
(3) Any sums paid contrary to this section may be recovered from any
14appointing authority making such appointments in contravention of law or of the
15rules promulgated pursuant thereto, or from any appointing authority signing or
16countersigning or authorizing the signing or countersigning of any warrant for the
17payment of the same, or from the sureties on the official bond of any such appointing
18authority, in an action in the circuit court for any county within the state, maintained
19by the secretary of
employment relations administration, or by a citizen resident
20therein, who is assessed for, and liable to pay, or within one year before the
21commencement of the action has paid, a state, city or county tax within this state.
22All moneys recovered in any action brought under this section when collected, shall
23be paid into the state treasury except that if a citizen taxpayer is plaintiff in any such
24action he or she shall be entitled to receive for personal use the taxable cost of such
25action and 5% of the amount recovered as attorney fees.
SB44, s. 172
1Section
172. 16.43 of the statutes is amended to read:
SB44,90,10
216.43 Budget compiled. The secretary shall compile and submit to the
3governor or the governor-elect and to each person elected to serve in the legislature
4during the next biennium, not later than November 20 of each even-numbered year,
5a compilation giving all of the data required by s. 16.46 to be included in the state
6budget report, except the recommendations of the governor and the explanation
7thereof. The secretary shall not include in the compilation any provision for the
8development or implementation of an information technology development project
9for an executive branch agency that is not consistent with the strategic plan of the
10agency, as approved under s.
22.13 16.976.
SB44, s. 173
11Section
173. 16.50 (1) (b) of the statutes is amended to read: