SB44: Bill Text

SB44, s. 135 Section 135. 15.78 of the statutes is amended to read:

SB44,79,6 15.78 Public defender board. There is created a public defender board consisting of 9 members appointed for staggered 3-year terms. No member may be, or be employed on the staff of, a judicial or law enforcement officer, district attorney, corporation counsel, or the state public defender. No member may be an assignable prosecutor, as defined in s. 978.001 (1c). At least 5 members shall be members of the State Bar of Wisconsin.

SB44, s. 136 Section 136. 15.79 of the statutes is amended to read:

SB44,79,15 15.79 Public service commission; creation. There is created a public service commission. No member of the commission may have a financial interest in a railroad or public utility. If any member voluntarily becomes so interested, the member's office shall become vacant. If the member involuntarily becomes so interested, the member's office shall become vacant unless the member divests himself or herself of the interest within a reasonable time. No commissioner may serve on or under any committee of a political party. Each commissioner shall hold office until a successor is appointed and qualified.

SB44, s. 137 Section 137. 15.795 of the statutes is repealed.

SB44, s. 138 Section 138. 15.80 of the statutes is repealed.

SB44, s. 139 Section 139. 16.003 (2) of the statutes is amended to read:

SB44,79,22 16.003 (2) Staff. Except as provided in ss. 16.548, 16.57, 978.03 (1), (1m), and (2), 978.04 and, 978.05 (8) (b), and 978.14 (1) (d), the secretary shall appoint the staff necessary for performing the duties of the department. All staff shall be appointed under the classified service except as otherwise provided by law.

SB44, s. 140 Section 140. 16.004 (7) (a) of the statutes is amended to read:

SB44,80,11 16.004 (7) (a) The secretary shall establish and maintain a personnel management information system which shall be used to furnish the governor, and the legislature and the department of employment relations with current information pertaining to authorized positions, payroll and related items for all civil service employees, except employees of the office of the governor, the courts and judicial branch agencies, and the legislature and legislative service agencies. It is the intent of the legislature that the University of Wisconsin System provide position and other information to the department and the legislature, which includes appropriate data on each position, facilitates accountability for each authorized position and traces each position over time. Nothing in this paragraph may be interpreted as limiting the authority of the board of regents of the University of Wisconsin System to allocate and reallocate positions by funding source within the legally authorized levels.

SB44, s. 141 Section 141. 16.004 (15) of the statutes is created to read:

SB44,80,15 16.004 (15) Legal Services. (a) In this subsection, "state agency" means an office, commission, department, independent agency, or board in the executive branch of state government, and includes the building commission.

SB44,80,19 (b) The department may provide legal services to state agencies. Annually, the department shall assess each state agency for the cost of the legal services provided to the state agency. The department shall credit all moneys received from state agencies under this paragraph to the appropriation account under s. 20.505 (1) (kr).

SB44, s. 142 Section 142. 16.006 of the statutes is amended to read:

SB44,81,14 16.006 Treatment of classified employees. Those individuals holding positions in the classified service in the department who are engaged in legislative text processing functions and who achieved permanent status in class on August 9, 1989, shall retain, while serving in the unclassified service in the legislature or any legislative branch agency, 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 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 August 9, 1989, plus the total amount of any subsequent general economic increases provided in the compensation plan under s. 230.12 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 department holding positions in the classified service on August 9, 1989, who are engaged in legislative text processing functions and who have not achieved permanent status in class in any position in the department on that date are eligible to receive the protections and privileges preserved under this section if they successfully complete service equivalent to the probationary period required in the classified service for the positions which they hold.

SB44, s. 143 Section 143. 16.009 (3) (intro.), (a) and (bm) of the statutes are consolidated, renumbered 16.009 (3) and amended to read:

SB44,81,20 16.009 (3) The board may: (a) Contract contract with any state agency to carry out the board's activities. (bm) Employ an attorney for, including the provision of legal services in accordance with requirements of the long-term care ombudsman program under 42 USC 3027 (a) (12) and 42 USC 3058g (g).

SB44, s. 144 Section 144. 16.009 (5) (c) of the statutes is repealed.

SB44, s. 145 Section 145. 16.009 (5) (d) of the statutes is amended to read:

SB44,82,2 16.009 (5) (d) Any employee of an employer not described in par. (c) and who is discharged or otherwise retaliated or discriminated against in violation of par. (a) may file a complaint with the department of workforce development under s. 106.54 (5).

SB44, s. 146 Section 146. 16.009 (5) (e) of the statutes is amended to read:

SB44,82,6 16.009 (5) (e) Any person not described in par. (c) or (d) who is retaliated or discriminated against in violation of par. (a) may commence an action in circuit court for damages incurred as a result of the violation.

SB44, s. 147 Section 147. 16.023 (2) of the statutes is amended to read:

SB44,82,17 16.023 (2) In conjunction with the working group established under sub. (1) (L) 1., the council shall, not later than one year after October 14, 1997, develop evaluation criteria for its functions under sub. (1). The council shall complete a report that contains an evaluation of its functions and activities not later than September 1, 2002 2004, and shall submit the report to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), and to the governor. The report shall also include a recommendation as to whether the council should continue in existence past its sunset date specified in s. 15.107 (16) (e) and, if so, a recommendation as to whether any structural modifications should be made to the council's functions or to the state's land use programs.

SB44, s. 148 Section 148. 16.023 (3) of the statutes is amended to read:

SB44,82,19 16.023 (3) Subsections (1) and (2) do not apply after August 31, 2003 2005.

SB44, s. 149 Section 149. 16.25 of the statutes is renumbered 560.9813, and 560.9813 (3) (d) and (4), as renumbered, are amended to read:

SB44,83,6 560.9813 (3) (d) 1. Subject to subd. 2., the board shall match all annual municipal contributions paid for volunteer fire fighters and emergency medical technicians up to $250 per fiscal year, other than contributions paid for the purchase of additional years of service under par. (e), to be paid from the appropriation account under s. 20.505 (4) (er) 20.143 (1) (eu). This amount shall be adjusted annually on July 1 to reflect any changes in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12-month period ending on the preceding December 31. The board shall pay all amounts that are matched under this paragraph to the individuals and organizations offering the plans selected by the municipalities.

SB44,83,10 2. If the moneys appropriated under s. 20.505 (4) (er) 20.143 (1) (eu) are not sufficient to fully fund the contributions required to be paid by the board under subd. 1., the board shall prorate the contributions paid for the volunteer fire fighters and emergency medical technicians.

SB44,83,17 (4) (a) The board shall establish by rule the requirements for, and the qualifications of, the individuals and organizations in the private sector that are eligible to provide administrative services and investment plans under the program, other than services funded from the appropriation under s. 20.505 (4) (ec) 20.143 (1) (et). In establishing the requirements and qualifications, the board shall develop criteria of financial stability that each individual and organization must meet in order to offer the services and plans under the program.

SB44,83,23 (b) The board may contract with any individual or organization in the private sector that seeks to provide administrative services and investment plans required for the program, other than services funded from the appropriation under s. 20.505 (4) (ec) 20.143 (1) (et), if the individual or organization fulfills the requirements and has the qualifications established by the board under par. (a). Section 16.72 (2) (b) does not apply to any such contract.

SB44, s. 150 Section 150. Subchapter II (title) of chapter 16 [precedes 16.30] of the statutes is renumbered subchapter X (title) of chapter 560 [precedes 560.9801].

SB44, s. 151 Section 151. 16.30 of the statutes is renumbered 560.9801.

SB44, s. 152 Section 152. 16.31 of the statutes is renumbered 560.9802.

SB44, s. 153 Section 153. 16.33 of the statutes, as affected by 2001 Wisconsin Act 109, is renumbered 560.9803, and 560.9803 (1) (a) and (3) (a), as renumbered, are amended to read:

SB44,84,9 560.9803 (1) (a) Subject to sub. (2), make grants or loans, directly or through agents designated under s. 16.334 560.9804, from the appropriation under s. 20.505 (7) 20.143 (2) (b) to persons or families of low or moderate income to defray housing costs of the person or family.

SB44,84,11 (3) (a) The department may make grants or loans under sub. (1) (a) directly or through agents designated under s. 16.334 560.9804.

SB44, s. 154 Section 154. 16.334 of the statutes is renumbered 560.9804, and 560.9804 (1) (a) and (c), as renumbered, are amended to read:

SB44,84,15 560.9804 (1) (a) Award grants and loans under s. 16.33 560.9803 (1) and (2) subject to the approval of the department.

SB44,84,17 (c) On terms approved by the department, administer and disburse funds from a grant or loan under s. 16.33 560.9803 on behalf of the recipient of the grant or loan.

SB44, s. 155 Section 155. 16.336 of the statutes is renumbered 560.9805.

SB44, s. 156 Section 156. 16.339 of the statutes is renumbered 560.9806, and 560.9806 (2) (a), as renumbered, is amended to read:

SB44,85,2 560.9806 (2) (a) From the appropriation under s. 20.505 (7) 20.143 (2) (fm), the department may award a grant to an eligible applicant for the purpose of providing transitional housing and associated supportive services to homeless individuals and families if the conditions under par. (b) are satisfied. The department shall ensure that the funds for the grants are reasonably balanced among geographic areas of the state, consistent with the quality of applications submitted.

SB44, s. 157 Section 157. 16.35 of the statutes is renumbered 560.9815.

SB44, s. 158 Section 158. 16.351 of the statutes is renumbered 560.9807, and 560.9807 (1), as renumbered, is amended to read:

SB44,85,9 560.9807 (1) Grants. From moneys available under s. 20.505 (7) 20.143 (2) (h), the department shall make grants to organizations, including organizations operated for profit, that provide shelter or services to homeless individuals or families.

SB44, s. 159 Section 159. 16.352 of the statutes is renumbered 560.9808, and 560.9808 (2) (a) and (b) (intro.), as renumbered, are amended to read:

SB44,85,18 560.9808 (2) (a) From the appropriations under s. 20.505 (7) 20.143 (2) (fm) and (h), the department shall award grants to eligible applicants for the purpose of supplementing the operating budgets of agencies and shelter facilities that have or anticipate a need for additional funding because of the renovation or expansion of an existing shelter facility, the development of an existing building into a shelter facility, the expansion of shelter services for homeless persons, or an inability to obtain adequate funding to continue the provision of an existing level of services.

SB44,85,21 (b) (intro.) The department shall allocate funds from the appropriations under s. 20.505 (7) 20.143 (2) (fm) and (h) for temporary shelter for homeless individuals and families as follows:

SB44, s. 160 Section 160. 16.358 of the statutes is renumbered 560.9809, and 560.9809 (1), as renumbered, is amended to read:

SB44,86,2 560.9809 (1) The department may administer housing programs, including the housing improvement grant program and the initial rehabilitation grant program, that are funded by a community development block grant, 42 USC 5301 to 5320, under a contract entered into with the department of commerce under s. 560.045.

SB44, s. 161 Section 161. 16.375 of the statutes is renumbered 560.9810.

SB44, s. 162 Section 162. 16.385 of the statutes is renumbered 16.27, and 16.27 (3) (b), (c), (d) and (e) (intro.), 1. and 7., as renumbered, are amended to read:

SB44,86,8 16.27 (3) (b) By October 1 of every year from the appropriation under s. 20.505 (7) (o) 20.505 (1) (mb), determine the total amount available for payment of heating assistance under sub. (6) and determine the benefit schedule.

SB44,86,11 (c) From the appropriation under s. 20.505 (7) (m) 20.505 (1) (mb), allocate $1,100,000 in each federal fiscal year for the department's expenses in administering the funds to provide low-income energy assistance.

SB44,86,15 (d) From the appropriation under s. 20.505 (7) (o) 20.505 (1) (mb), allocate $2,900,000 in each federal fiscal year for the expenses of a county department, another local governmental agency or a private nonprofit organization in administering under sub. (4) the funds to provide low-income energy assistance.

SB44,86,16 (e) (intro.) From the appropriation under s. 20.505 (7) (o) 20.505 (1) (mb):

SB44,86,22 1. Allocate and transfer to the appropriation under s. 20.505 (7) (km) (1) (kn), 15% of the moneys received under 42 USC 8621 to 8629 in each federal fiscal year under the priority of maintaining funding for the geographical areas on July 20, 1985, and, if funding is reduced, prorating contracted levels of payment, for the weatherization assistance program administered by the department under s. 16.39 16.26.

SB44,87,2 7. By October 1 of each year and after consulting with the department of administration, allocate funds budgeted but not spent and any funds remaining from previous fiscal years to heating assistance under sub. (6) or to the weatherization assistance program under s. 16.39 16.26.

SB44, s. 163 Section 163. 16.39 of the statutes is renumbered 16.26.

SB44, s. 164 Section 164 . 16.40 (18) of the statutes is amended to read:

SB44,87,10 16.40 (18) Require agencies to provide copies. Require each state agency, at the time that the agency submits a request to the department for an increased appropriation to be provided in an executive budget bill which is necessitated by the compensation plan under s. 230.12 or a collective bargaining agreement approved under s. 111.92, to provide a copy of the request to the secretary of employment relations and the joint committee on employment relations.

SB44, s. 165 Section 165. 16.401 (intro.) of the statutes is created to read:

SB44,87,12 16.401 Treasury management. (intro.) The department shall:

SB44, s. 166 Section 166. 16.401 (1) of the statutes is created to read:

SB44,87,17 16.401 (1) Have custody of moneys. Receive and have charge of all moneys paid into the treasury and any other moneys received by officers and employees of state agencies, and pay out the moneys as directed by law, except as provided in ss. 16.52 (7), 20.907 (5) (b), 20.920, and 20.929.

SB44, s. 167 Section 167. 16.406 of the statutes is created to read:

SB44,88,4 16.406 Request to issue certain general obligation debt. Annually, on or before September 1, but not after 2005, the department shall prepare an estimate of the net balances of the general fund for the fiscal year corresponding with the year in which the department makes an estimate under this section. Copies of the estimates shall be provided to the cochairpersons of the joint committee on finance and to the legislative fiscal bureau. If the estimated net general fund balance for the fiscal year, as certified by the department, is less than the estimated net general fund balance for that fiscal year as shown in the most recent schedule under s. 20.005 (1), the secretary of administration may request that the building commission refund the whole or any part of any unpaid indebtedness used to finance tax-supported or self-amortizing facilities from moneys appropriated under s. 20.866 (2) (xe).

SB44, s. 168 Section 168. 16.412 of the statutes is amended to read:

SB44,88,10 16.412 Agency payments. At the request of any agency, the secretary, with the approval of the state treasurer, may authorize the processing of specified regular periodic payments through the use of money transfer techniques including, without limitation because of enumeration, direct deposit, electronic funds transfer, and automated clearinghouse procedures.

SB44, s. 169 Section 169 . 16.415 (1) of the statutes is amended to read:

SB44,88,23 16.415 (1) Neither the secretary nor any other fiscal officer of this state may draw, sign, or issue, or authorize the drawing, signing , or issuing of any warrant on the treasurer or other disbursing officer of the state to pay any compensation to any person in the classified service of the state unless an estimate, payroll, or account for such compensation, containing the names of every person to be paid, bears the certificate of the appointing authority that each person named in the estimate, payroll or account has been appointed, employed, or subject to any other personnel transaction in accordance with, and that the pay for the person has been established in accordance with, the law, compensation plan, or applicable collective bargaining agreement, and applicable rules of the secretary of employment relations and the administrator of the division of merit recruitment and selection in the department of employment relations then in effect.

SB44, s. 170 Section 170 . 16.415 (1) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,89,11 16.415 (1) Neither the secretary nor any other fiscal officer of this state may draw, sign, or issue, or authorize the drawing, signing, or issuing of any warrant on the treasurer or other any disbursing officer of the state to pay any compensation to any person in the classified service of the state unless an estimate, payroll, or account for such compensation, containing the names of every person to be paid, bears the certificate of the appointing authority that each person named in the estimate, payroll, or account has been appointed, employed, or subject to any other personnel transaction in accordance with, and that the pay for the person has been established in accordance with, the law, compensation plan, or applicable collective bargaining agreement, and applicable rules of the administrator of the division of merit recruitment and selection in the department then in effect.

SB44, s. 171 Section 171. 16.415 (3) of the statutes is amended to read:

SB44,89,25 16.415 (3) Any sums paid contrary to this section may be recovered from any appointing authority making such appointments in contravention of law or of the rules promulgated pursuant thereto, or from any appointing authority signing or countersigning or authorizing the signing or countersigning of any warrant for the payment of the same, or from the sureties on the official bond of any such appointing authority, in an action in the circuit court for any county within the state, maintained by the secretary of employment relations administration, or by a citizen resident therein, who is assessed for, and liable to pay, or within one year before the commencement of the action has paid, a state, city or county tax within this state. All moneys recovered in any action brought under this section when collected, shall be paid into the state treasury except that if a citizen taxpayer is plaintiff in any such action he or she shall be entitled to receive for personal use the taxable cost of such action and 5% of the amount recovered as attorney fees.

SB44, s. 172 Section 172. 16.43 of the statutes is amended to read:

SB44,90,10 16.43 Budget compiled. The secretary shall compile and submit to the governor or the governor-elect and to each person elected to serve in the legislature during the next biennium, not later than November 20 of each even-numbered year, a compilation giving all of the data required by s. 16.46 to be included in the state budget report, except the recommendations of the governor and the explanation thereof. The secretary shall not include in the compilation any provision for the development or implementation of an information technology development project for an executive branch agency that is not consistent with the strategic plan of the agency, as approved under s. 22.13 16.976.

SB44, s. 173 Section 173. 16.50 (1) (b) of the statutes is amended to read:

SB44,90,13 16.50 (1) (b) This subsection does not apply to appropriations under ss. 20.255 (2) (ac) and (r), 20.835, and 20.865 (4).

SB44, s. 174 Section 174. 16.50 (3) of the statutes is amended to read:

SB44,91,20 16.50 (3) Limitation on increase of force and salaries. No department, except the legislature or the courts, may increase the pay of any employee, expend money or incur any obligation except in accordance with the estimate that is submitted to the secretary as provided in sub. (1) and approved by the secretary or the governor. No change in the number of full-time equivalent positions authorized through the biennial budget process or other legislative act may be made without the approval of the joint committee on finance, except for position changes made by the governor under s. 16.505 (1) (c) or (2), by the University of Wisconsin Hospitals and Clinics Board under s. 16.505 (2n) or by the board of regents of the University of Wisconsin System under s. 16.505 (2m) or (2p). The secretary may withhold, in total or in part, the funding for any position, as defined in s. 230.03 (11), as well as the funding for part-time or limited term employees until such time as the secretary determines that the filling of the position or the expending of funds is consistent with s. 16.505 and with the intent of the legislature as established by law or in budget determinations, or the intent of the joint committee on finance in creating or abolishing positions under s. 13.10, the intent of the governor in creating or abolishing positions under s. 16.505 (1) (c) or (2) or the intent of the board of regents of the University of Wisconsin System in creating or abolishing positions under s. 16.505 (2m) or (2p). Until the release of funding occurs, recruitment or certification for the position may not be undertaken. The secretary shall submit a quarterly report to the joint committee on finance of any position changes made by the governor under s. 16.505 (1) (c). No pay increase may be approved unless it is at the rate or within the pay ranges prescribed in the compensation plan or as provided in a collective bargaining agreement under subch. V of ch. 111. At the request of the secretary of employment relations, the The secretary of administration may authorize the temporary creation of pool or surplus positions under any source of funds if the secretary of employment relations determines that temporary positions are necessary to maintain adequate staffing levels for high turnover classifications, in anticipation of attrition, to fill positions for which recruitment is difficult. Surplus or pool positions authorized by the secretary shall be reported quarterly to the joint committee on finance in conjunction with the report required under s. 16.54 (8).

SB44, s. 175 Section 175. 16.502 of the statutes is created to read:

SB44,92,2 16.502 Calculation of positions. In any report prepared by the department that calculates the number of positions, as defined in s. 230.03 (11), the department shall separately calculate and present in the report the University of Wisconsin Hospitals and Clinics Board's positions; positions of the board of regents of the University of Wisconsin System funded by gifts, grants, auxiliary enterprises revenue, or federal revenue; and all remaining positions in state government.

SB44, s. 176 Section 176. 16.505 (1) (intro.) of the statutes is amended to read:

SB44,92,6 16.505 (1) (intro.) Except as provided in subs. (2), (2d), (2m), (2n), and (2p), no position, as defined in s. 230.03 (11), regardless of funding source or type, may be created or abolished unless authorized by one of the following:

SB44, s. 177 Section 177. 16.505 (2d) of the statutes is created to read:

SB44,92,25 16.505 (2d) The department of revenue may request the governor to create a full-time equivalent position or portion thereof funded from gross lottery revenues, as defined in s. 25.75 (1) (b), in the department of revenue to perform services relating to the state lottery that are not performed by one or more persons under contract with the department of administration. Upon receiving such a request, the governor may change the authorized level of full-time equivalent positions funded from such revenues in the department of revenue in accordance with this subsection. The governor may approve a different authorized level of positions than is requested. If the governor proposes to change the number of full-time equivalent positions, the governor shall notify the joint committee on finance in writing of his or her proposed action. If the cochairpersons of the committee do not notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed action within 14 working days after the date of the governor's notification, the position changes may be made as proposed by the governor. If, within 14 working days after the date of the governor's notification, the cochairpersons of the committee notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed action, the position changes may be made under this subsection only upon approval of the committee.