SB40: Bill Text

SB40,79,19 (b) One member appointed from a list of 5 nominees submitted by the Wisconsin Towns Association.

SB40,79,22 (c) One member appointed from a list of 5 nominees submitted by an association that represents the interests of counties that have county forests within their boundaries.

SB40,79,24 (d) One member appointed from a list of 5 nominees submitted by the council on forestry.

SB40, s. 69 Section 69. 16.002 (2) of the statutes is amended to read:

SB40,80,5 16.002 (2) "Departments" means constitutional offices, departments, and independent agencies and includes all societies, associations, and other agencies of state government for which appropriations are made by law, but not including authorities created in subch. II of ch. 114 or subch. III of ch. 149 and in chs. 231, 232, 233, 234, 235, and 237, and 238.

SB40, s. 70 Section 70. 16.004 (4) of the statutes is amended to read:

SB40,80,12 16.004 (4) Freedom of access. The secretary and such employees of the department as the secretary designates may enter into the offices of state agencies and authorities created under subch. II of ch. 114 or subch. III of ch. 149 and under chs. 231, 233, 234, and 237, and 238, and may examine their books and accounts and any other matter that in the secretary's judgment should be examined and may interrogate the agency's employees publicly or privately relative thereto.

SB40, s. 71 Section 71. 16.004 (5) of the statutes is amended to read:

SB40,80,18 16.004 (5) Agencies and employees to cooperate. All state agencies and authorities created under subch. II of ch. 114 or subch. III of ch. 149 and under chs. 231, 233, 234, and 237, and 238, and their officers and employees, shall cooperate with the secretary and shall comply with every request of the secretary relating to his or her functions.

SB40, s. 72 Section 72. 16.004 (15) of the statutes is created to read:

SB40,80,22 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.

SB40,81,2 (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).

SB40, s. 73 Section 73. 16.009 (1) (em) 7. of the statutes is created to read:

SB40,81,5 16.009 (1) (em) 7. A residential care apartment complex, as defined in s. 50.01 (1d).

SB40, s. 74 Section 74. 16.009 (2) (p) (intro.) of the statutes is amended to read:

SB40,81,17 16.009 (2) (p) (intro.) Contract Employ staff within the classified service or contract with one or more organizations to provide advocacy services to potential or actual recipients of the family care benefit, as defined in s. 46.2805 (4), or their families or guardians. The board and contract organizations under this paragraph shall assist these persons in protecting their rights under all applicable federal statutes and regulations and state statutes and rules. An organization with which the board contracts for these services may not be a provider, nor an affiliate of a provider, of long-term care services, a resource center under s. 46.283 or a care management organization under s. 46.284. For potential or actual recipients of the family care benefit, advocacy services required under this paragraph shall include all of the following:

SB40, s. 75 Section 75. 16.015 of the statutes is created to read:

SB40,81,21 16.015 Truth-in-sentencing phase II council. The truth-in-sentencing phase II council shall submit a report on sentencing guidelines to the legislature and to the governor by January 1, 2008.

SB40, s. 76 Section 76. 16.045 (1) (a) of the statutes is amended to read:

SB40,82,3 16.045 (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, 232, 233, 234, 235, or 237 , or 238.

SB40, s. 77 Section 77. 16.22 (4) of the statutes is created to read:

SB40,82,12 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, s. 78 Section 78. 16.257 of the statutes is created to read:

SB40,82,16 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:

SB40,82,20 (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.

SB40,83,2 (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).

SB40,83,10 (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).

SB40,83,17 (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.

SB40,83,20 (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.

SB40,83,24 (4) From the appropriation account under s. 20.505 (4) (br), distribute not more than $250,000 in each fiscal year as grants to school districts for reimbursement of teachers and administrators for costs incurred in participating in training relating to character education.

SB40,84,5 (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, s. 79 Section 79. 16.27 (3) (c) of the statutes is amended to read:

SB40,84,10 16.27 (3) (c) From the appropriation under s. 20.505 (1) (mb), allocate $1,100,000 in each federal fiscal year an amount determined by the secretary for the department's expenses in administering the funds to provide low-income energy assistance.

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

SB40,84,13 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 238.

SB40, s. 81 Section 81. 16.417 (1) (a) of the statutes, as affected by 2005 Wisconsin Act 74, is amended to read:

SB40,84,21 16.417 (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 or the body created under subch. III of ch. 149 or under ch. 238.

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

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

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

SB40, s. 85 Section 85. 16.50 (3) (e) of the statutes is amended to read:

SB40,85,3 16.50 (3) (e) 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 or VI of ch. 111.

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

SB40,85,14 16.52 (7) 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 238.

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

SB40,86,2 16.527 (4) (e) 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, s. 88 Section 88. 16.527 (4) (h) of the statutes is created to read:

SB40,86,6 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:

SB40,86,11 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.

SB40,86,15 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.

SB40,86,16 2. Subd. 1. shall not apply if either of the follow occurs:

SB40,86,20 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.

SB40,86,25 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.

SB40,87,3 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, s. 89 Section 89. 16.528 (1) (a) of the statutes is amended to read:

SB40,87,10 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 238.

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

SB40,87,20 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 238.

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

SB40,88,12 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, s. 92 Section 92. 16.54 (9) (a) 1. of the statutes is amended to read:

SB40,88,19 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 238.

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

SB40,89,2 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, s. 94 Section 94 . 16.54 (12) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,89,10 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, s. 95 Section 95 . 16.54 (12) (b) of the statutes is amended to read:

SB40,89,18 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, s. 96 Section 96 . 16.54 (12) (b) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,90,2 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, s. 97 Section 97 . 16.54 (12) (d) of the statutes is amended to read:

SB40,90,11 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, 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:

SB40,90,21 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, 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:

SB40,91,5 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, s. 100 Section 100. 16.70 (2) of the statutes is amended to read:

SB40,91,8 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 238.

SB40, s. 101 Section 101. 16.705 (3) (c) of the statutes is amended to read:

SB40,91,11 16.705 (3) (c) Do not enter into any contract for contractual services in conflict with any collective bargaining agreement under subch. V or VI of ch. 111.

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

SB40,91,22 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, s. 103 Section 103. 16.75 (6) (bm) of the statutes is amended to read:

SB40,92,5 16.75 (6) (bm) If the secretary determines that it is in the best interest of this state to do so, he or she may waive any requirement under subs. (1) to (5) and ss. 16.705 and 16.72 (2) (e) and (f) and (5) with respect to any contract entered into by the department of workforce development children and families under s. 49.143, if the department of workforce development children and families presents the secretary with a process for the procurement of contracts under s. 49.143 and the secretary approves the process.

SB40, s. 104 Section 104. 16.765 (1) of the statutes is amended to read: