SB44: Bill Text

SB44, s. 39 Section 39. 13.90 (6) of the statutes is amended to read:

SB44,59,10 13.90 (6) The joint committee on legislative organization shall adopt, revise biennially and submit to the cochairpersons of the joint committee on information policy and technology, the governor and the chief information officer secretary of administration, no later than September 15 of each even-numbered year, a strategic plan for the utilization of information technology to carry out the functions of the legislature and legislative service agencies, as defined in s. 16.70 (6). The plan shall address the business needs of the legislature and legislative service agencies and shall identify all resources relating to information technology which the legislature and legislative service agencies desire to acquire, contingent upon funding availability, the priority for such acquisitions and the justification for such acquisitions. The plan shall also identify any changes in the functioning of the legislature and legislative service agencies under the plan.

SB44, s. 40 Section 40. 13.92 (1) (b) 1. b. of the statutes is amended to read:

SB44,59,13 13.92 (1) (b) 1. b. Any agency, as defined in s. 16.70 (1) (1e), created under ch. 13, 14, 15, or 758.

SB44, s. 41 Section 41. 13.92 (3) of the statutes is amended to read:

SB44,60,3 13.92 (3) Treatment of certain legislative reference bureau employees. Notwithstanding s. 230.08 (2) (fc), those employees holding positions in the classified service at the legislative reference bureau on June 16, 1998, who have achieved permanent status in class before that date, shall retain, while serving in the unclassified service at the legislative reference bureau, those protections afforded employees in the classified service under ss. 230.34 (1) (a) (ah) and 230.44 (1) (c) relating to demotion, suspension, discharge, layoff or reduction in base pay. Such employees shall also have reinstatement privileges to the classified service as provided under s. 230.33 (1). Those employees of the legislative reference bureau holding positions in the classified service on June 16, 1998, who have not achieved permanent status in class in any position at the legislative reference bureau on that date are eligible to receive the protections, privileges and rights preserved under this subsection if they successfully complete service equivalent to the probationary period required in the classified service for the position which they hold on that date.

SB44, s. 42 Section 42. 13.93 (2) (h) of the statutes is amended to read:

SB44,60,7 13.93 (2) (h) Approve specifications and scheduling for computer databases containing the Wisconsin statutes and for the printing of the Wisconsin statutes as prescribed in ss. 22.03 16.971 (6) and 35.56 (5).

SB44, s. 43 Section 43. 13.93 (2) (k) of the statutes is amended to read:

SB44,60,11 13.93 (2) (k) Pay, from the appropriation under s. 20.765 (3) (a) or (5), the expenses of attendance at meetings of members of the Commission on Uniform State Laws who are appointed by the governor.

SB44, s. 44 Section 44. 13.94 (1) (a) of the statutes is amended to read:

SB44,60,20 13.94 (1) (a) Audit the books and accounts of the treasurer, the moneys on hand in the treasury and all bonds and securities belonging to all public funds on deposit in the treasury or properly accounted for by the treasurer secretary of administration, at least every 2 years; and report the result of such examination in writing to the governor and the joint committee on finance, specifying therein particularly the amount and kind of funds and of all such bonds and securities. The bureau shall transmit a certified copy of such report to the outgoing treasurer and successor secretary of administration.

SB44, s. 45 Section 45. 13.94 (1) (d) 1. of the statutes is amended to read:

SB44,60,25 13.94 (1) (d) 1. At least once every 2 years, and at such other times as the governor or legislature directs, examine and see that all the money appearing by the books of the department of administration and state treasurer as belonging to the several funds is in the vaults of the treasury or in the several state depositories.

SB44, s. 46 Section 46. 13.94 (1) (d) 2. of the statutes is amended to read:

SB44,61,12 13.94 (1) (d) 2. If the governor directs that such an examination be conducted, the order from the governor shall provide for reimbursement of the legislative audit bureau's costs in making the examination from the appropriation under s. 20.525 (1) (a). No order from the governor for an examination under this paragraph may take precedence over any examination already scheduled by the legislative audit bureau without approval of the joint legislative audit committee. If a deficiency is discovered pursuant to an examination under this paragraph, the governor shall require the treasurer secretary of administration to make up the deficiency immediately; and if the treasurer secretary of administration refuses or neglects for 10 days thereafter to have the full sum belonging to said funds in the treasury the attorney general shall institute proceedings to recover the deficiency.

SB44, s. 47 Section 47. 13.94 (1) (f) of the statutes is amended to read:

SB44,61,18 13.94 (1) (f) Certify Whenever a new secretary of administration takes office, certify to the incoming treasurer secretary the balance in the treasury when he or she came into office and all bonds and securities belonging to all public funds on deposit in the treasury or properly accounted for and transmit a certified copy thereof to the outgoing treasurer secretary.

SB44, s. 48 Section 48. 13.94 (1) (q) of the statutes is amended to read:

SB44,61,24 13.94 (1) (q) No later than February 1, 2006, prepare a performance evaluation audit of the volunteer fire fighter and emergency medical technician service award program established under s. 16.25 560.9813. The legislative audit bureau shall file a copy of the audit report under this paragraph with the distributees specified in par. (b).

SB44, s. 49 Section 49. 13.94 (1m) of the statutes is amended to read:

SB44,62,8 13.94 (1m) Independent experts. The legislative audit bureau may contract for the services of such independent professional or technical experts as deemed necessary to carry out the statutory duties and functions of the bureau within the limits of the amount provided under s. 20.765 (3) (c) or (5); and, in the case of postaudits involving the performance and program accomplishments of a department, shall contract for the services of such subject matter and program specialists from any state or federal agency or public institution of higher learning as deemed necessary by the joint committee on legislative organization.

SB44, s. 50 Section 50. 13.94 (5) of the statutes is amended to read:

SB44,63,2 13.94 (5) Treatment of classified employees. Notwithstanding sub. (3) (b), those individuals holding positions in the classified service at the legislative audit bureau who achieved permanent status in class on July 31, 1981, shall retain, while serving in the unclassified service in the legislative audit bureau, those protections afforded employees in the classified service under ss. 230.34 (1) (a) (ah) and 230.44 (1) (c) relating to demotion, suspension, discharge or layoff, except that the applicability of any reduction in base pay of such an employee shall be determined on the basis of the base pay received by the employee on July 31, 1981, plus the total amount of any subsequent general economic increases approved by the joint committee on employment relations for nonrepresented employees in the classified service. Such employees shall also have reinstatement privileges to the classified service as provided under s. 230.33 (1). Employees of the legislative audit bureau holding positions in the classified service on July 3l, 1981, who have not achieved permanent status in class in any position in the legislative audit bureau on that date are eligible to receive the protections and privileges preserved under this subsection if they successfully complete the probationary period required for the position which they hold.

SB44, s. 51 Section 51. 14.20 (1) (a) of the statutes is amended to read:

SB44,63,5 14.20 (1) (a) "Local governmental unit" has the meaning given in s. 22.01 16.97 (7).

SB44, s. 52 Section 52. 14.20 (2) of the statutes is amended to read:

SB44,63,9 14.20 (2) From the appropriations appropriation under s. 20.525 (1) (f) and (kf), the governor may provide a grant to any local governmental unit or nonprofit organization for support of a literacy improvement program.

SB44, s. 53 Section 53. 14.38 (10) (c) of the statutes is amended to read:

SB44,63,16 14.38 (10) (c) Publish in the official state newspaper within 10 days after the date of publication of an act a notice certifying the number of each act, the number of the bill from which it originated, the date of publication and the relating clause. Each certificate shall also contain a notice of where the full text of each act can be obtained. Costs under this paragraph shall be charged to the appropriation under s. 20.765 (1) (d) or (5).

SB44, s. 54 Section 54. 14.58 (1) (intro.) of the statutes is repealed and recreated to read:

SB44,63,20 14.58 (1) Sign checks, share drafts, and other drafts. (intro.) Sign checks, share drafts, and other drafts on depositories in which moneys may be deposited in one of the following methods:

SB44, s. 55 Section 55. 14.58 (2) of the statutes is renumbered 16.401 (2) and amended to read:

SB44,63,24 16.401 (2) Issue receipts. Issue receipts for all money paid to the treasurer department.

SB44, s. 56 Section 56. 14.58 (3) of the statutes is renumbered 16.401 (3).

SB44, s. 57 Section 57. 14.58 (4) of the statutes is renumbered 16.401 (4) and amended to read:

SB44,64,14 16.401 (4) Pay on warrants sums authorized by law. (a) Pay out of the treasury, on demand, upon the warrants of the department of administration, except as provided in s. 20.929, such sums only as are authorized by law to be so paid, if there are appropriate funds therein to pay the same, and, when any sum is required to be paid out of a particular fund, pay it out of such fund only; and upon each such warrant, when payment is made in currency, take the receipt endorsed on or annexed thereto, of the payee therein named or an authorized agent or assignee. The state treasurer secretary shall accept telephone advice believed by the treasurer him or her to be genuine from any public depository, as defined in s. 34.01 (5), stating that a specified amount of money has been deposited with such public depository for the credit of the state treasurer, and shall act upon such telephone advice as though it had been in writing.

SB44,64,21 (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) (14).

SB44, s. 58 Section 58. 14.58 (5) of the statutes is renumbered 16.401 (5) and amended to read:

SB44,65,3 16.401 (5) 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 secretary's control.

SB44, s. 59 Section 59. 14.58 (6) of the statutes is renumbered 16.401 (6) and amended to read:

SB44,65,17 16.401 (6) Keep cash and fund accounts. Keep records showing the number, date, and amount of each cash receipt issued by the treasurer's office department 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; 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 secretary'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.

SB44, s. 60 Section 60. 14.58 (8) (intro.) and (a) to (c) of the statutes are renumbered 16.401 (7) (intro.) and (a) to (c).

SB44, s. 61 Section 61. 14.58 (8) (d) of the statutes is repealed.

SB44, s. 62 Section 62. 14.58 (9) of the statutes is renumbered 16.401 (8) and amended to read:

SB44,66,14 16.401 (8) Biennial Submit 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 As part of the report submitted under s. 15.04 (1) (d), 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.

SB44, s. 63 Section 63. 14.58 (10) of the statutes is renumbered 16.401 (9) and amended to read:

SB44,66,23 16.401 (9) 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.

SB44, s. 64 Section 64. 14.58 (12) of the statutes is renumbered 16.401 (10) and amended to read:

SB44,67,9 16.401 (10) 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.

SB44, s. 65 Section 65. 14.58 (13) of the statutes is renumbered 16.401 (11) and amended to read:

SB44,67,25 16.401 (11) Services Provide services in connection with securities held in trust. Upon request therefor from any company, corporation, society, order, or association which that 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 endorsement 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 endorsed 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 endorsed on a note, bond, or other security, and may withhold any and all coupons cut or refuse endorsement 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.

SB44, s. 66 Section 66. 14.58 (17) of the statutes is renumbered 16.401 (12) and amended to read:

SB44,68,8 16.401 (12) Safekeeping Hold 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.

SB44, s. 67 Section 67. 14.58 (18) of the statutes is renumbered 16.401 (13) and amended to read:

SB44,68,18 16.401 (13) 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 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 that it bears.

SB44, s. 68 Section 68. 14.58 (19) of the statutes is renumbered 16.401 (14).

SB44, s. 69 Section 69. 14.58 (21) of the statutes is repealed.

SB44, s. 70 Section 70. 14.63 (11m) of the statutes is amended to read:

SB44,69,3 14.63 (11m) Financial aid calculations. The value of tuition units shall not be included in the calculation of a beneficiary's eligibility for state financial aid for higher education if the beneficiary notifies the higher educational aids board and the institution of higher education that the beneficiary is planning to attend that he or she is a beneficiary of a contract under this section and the contract owner agrees to release to the higher educational aids board and the institution of higher education information necessary for the calculation under this subsection.

SB44, s. 71 Section 71. 14.64 (8) of the statutes is amended to read:

SB44,69,13 14.64 (8) Financial aid calculations. The balance of a college savings account shall not be included in the calculation of a beneficiary's eligibility for state financial aid for higher education if the beneficiary notifies the higher educational aids board Board of Regents of the University of Wisconsin System and the eligible educational institution that the beneficiary is planning to attend that he or she is a beneficiary of a college savings account and if the account owner agrees to release to the higher educational aids board Board of Regents of the University of Wisconsin System and the eligible educational institution information necessary for the calculation under this subsection.

SB44, s. 72 Section 72. 14.65 (1) of the statutes is amended to read:

SB44,69,21 14.65 (1) The secretary of administration shall transfer from the tuition trust fund or the college savings program trust fund to the general fund an amount equal to the amount expended from the appropriations under s. 20.505 (9) (a), 1995 stats., and s. 20.585 (2) (a), 2001 stats., and s. 20.585 (2) (am), 2001 stats., when the secretary of administration determines that funds in the tuition trust fund or the college savings program trust fund are sufficient to make the transfer. The secretary of administration may make the transfer in installments.

SB44, s. 73 Section 73. 15.01 (2) of the statutes is amended to read:

SB44,70,8 15.01 (2) "Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the Wisconsin waterways commission which shall consist of 5 members, the parole commission which shall consist of 8 members, and the Fox River management commission which shall consist of 7 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a "commission", but is not a commission for purposes of s. 15.06. The parole commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06. The sentencing commission created under s. 15.105 (27) 15.145 (4) shall be known as a "commission" but is not a commission for purposes of s. 15.06 (1) to (4m), (7), and (9).

SB44, s. 74 Section 74. 15.03 of the statutes is amended to read:

SB44,70,25 15.03 Attachment for limited purposes. Any division, office, commission, council or board attached under this section to a department or independent agency or a specified division thereof shall be a distinct unit of that department, independent agency or specified division. Any division, office, commission, council or board so attached shall exercise its powers, duties and functions prescribed by law, including rule making, licensing and regulation, and operational planning within the area of program responsibility of the division, office, commission, council or board, independently of the head of the department or independent agency, but budgeting, program coordination and related management functions shall be performed under the direction and supervision of the head of the department or independent agency, except that with respect to the office of the commissioner of railroads, all personnel and biennial budget requests by the office of the commissioner of railroads shall be provided to the department of transportation as required under s. 189.02 (7) and shall be processed and properly forwarded by the public service commission without change except as requested and concurred in by the office of the commissioner of railroads.

SB44, s. 75 Section 75. 15.06 (1) (ar) of the statutes is repealed.

SB44, s. 76 Section 76. 15.06 (1) (bm) of the statutes is created to read:

SB44,71,5 15.06 (1) (bm) The tax appeals commissioner shall be nominated by the governor, and with the advice and consent of the senate, appointed for a 6-year term expiring on March 1 of an odd-numbered year.

SB44, s. 77 Section 77. 15.06 (1) (d) of the statutes is repealed.

SB44, s. 78 Section 78. 15.07 (1) (a) 1. of the statutes is repealed.

SB44, s. 79 Section 79. 15.07 (1) (b) 5. of the statutes is amended to read:

SB44,71,9 15.07 (1) (b) 5. Savings and loan institutions review board.

SB44, s. 80 Section 80. 15.07 (1) (b) 18. of the statutes is repealed.

SB44, s. 81 Section 81. 15.07 (2) (k) of the statutes is repealed.

SB44, s. 82 Section 82. 15.07 (2) (L) of the statutes is amended to read:

SB44,71,15 15.07 (2) (L) The governor shall serve as chairperson of the information technology management board and the chief information officer the secretary of administration or his or her designee shall serve as secretary of that board.

SB44, s. 83 Section 83. 15.07 (2) (m) of the statutes is created to read:

SB44,71,18 15.07 (2) (m) The chairperson of the state prosecutor's board shall be designated annually by the governor.

SB44, s. 84 Section 84. 15.07 (5) (g) of the statutes is amended to read:

SB44,71,21 15.07 (5) (g) Members of the savings and loan institutions review board, $10 per day.

SB44, s. 85 Section 85. 15.07 (5) (gm) of the statutes is repealed.

SB44, s. 86 Section 86. 15.103 (2) of the statutes is repealed.

SB44, s. 87 Section 87. 15.103 (3m) of the statutes is created to read:

SB44,72,2 15.103 (3m) Division of merit recruitment and selection. (a) There is created in the department of administration a division of merit recruitment and selection.

SB44,72,17 (b) The chief justice of the supreme court, the speaker of the assembly, the president of the senate, and two individuals appointed by the governor, one of whom may not be employed by the state, or their designees, shall compile a list of 3 qualified individuals to serve as the administrator of the division of merit recruitment and selection in the department of administration. The governor shall select an individual from this list to serve as administrator or the governor shall request that the chief justice of the supreme court, the speaker of the assembly, the president of the senate, and two individuals appointed by the governor, one of whom may not be employed by the state, or their designees, submit another list of 3 qualified individuals. The chief justice of the supreme court, the speaker of the assembly, the president of the senate, and two individuals appointed by the governor, one of whom may not be employed by the state, or their designees, shall continue to submit lists of 3 qualified individuals until such time that the governor selects an individual from a list. The individual selected shall be nominated by the governor and, with the advice and consent of the senate, appointed for a 5-year term.

SB44, s. 88 Section 88. 15.105 (1) of the statutes is repealed.