AB21: Bill Text

AB21,119,24 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 in ch. 36, 231, 232, 233, 234 235, 237, 238, or 279.

AB21,251 Section 251. 16.08 of the statutes is repealed.

AB21,252 Section 252. 16.09 of the statutes is created to read:

AB21,120,4 16.09 Establishing efficiency programs. The office of lean government shall establish and administer programs for state agencies to increase the value of goods and services that state agencies provide with the fewest possible resources.

AB21,253 Section 253. 16.15 (1) (ab) of the statutes is amended to read:

AB21,120,10 16.15 (1) (ab) "Authority" has the meaning given under s. 16.70 (2), but excludes the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, the Lower Fox River Remediation Authority, and the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority.

AB21,254 Section 254. 16.20 of the statutes is created to read:

AB21,120,12 16.20 Office of continuity of government. (1) Definitions. In this section:

AB21,120,13 (a) "Disaster" has the meaning given in s. 323.02 (6).

AB21,120,15 (b) "Office" means the office of continuity of government created under s. 15.105 (34).

AB21,120,17 (c) "State agency" means any office, commission, board, department, or independent agency in the executive branch of state government.

AB21,120,21 (2) Continuity of government operations during a disaster. (a) In consultation with the administrator of the division of emergency management, the office shall establish and administer a continuity of government program to ensure the continuity of state government operations during a disaster.

AB21,121,2 (b) Except as provided in sub. (3), under the program established under par. (a), the office shall establish, and periodically update, for each state agency a continuity of operations plan for the continuity of government operations in that state agency during a disaster. The office shall cooperate with each state agency to administer that state agency's implementation of the plan established under this paragraph.

AB21,121,4 (3) Delegation to state agencies. The office may delegate to any state agency the office's authority under sub. (2) (b) with respect to that state agency.

AB21,121,8 (4) Assessments to state agencies. The department shall annually assess to each state agency an amount equal to that state agency's proportionate share of the department's annual costs incurred under this section in accordance with a method of apportionment determined by the department.

AB21,255 Section 255. 16.28 of the statutes is renumbered 203.02.

AB21,256 Section 256. 16.283 of the statutes is renumbered 203.03.

AB21,257 Section 257. 16.285 of the statutes is renumbered 203.05.

AB21,258 Section 258. 16.287 of the statutes, as affected by 2015 Wisconsin Act .... (this act), is renumbered 203.07, and 203.07 (2) (a), as renumbered, is amended to read:

AB21,121,20 203.07 (2) (a) For the purposes of ss. 16.75 (3m), 16.855 (10m), 16.87 (2), 18.16, 18.64, 25.185, 119.495 (2), 200.57, and 231.27 and 234.35, the department shall establish and periodically update a list of certified minority businesses, minority financial advisers and minority investment firms. Any business, financial adviser or investment firm may apply to the department for certification. For purposes of this paragraph, unless the context otherwise requires, a "business" includes a financial adviser or investment firm.

AB21,259 Section 259. 16.287 (2) (a) of the statutes is amended to read:

AB21,122,3 16.287 (2) (a) For the purposes of ss. 16.75 (3m), 16.855 (10m), 16.87 (2), 18.16, 18.64, 18.77, 25.185, 119.495 (2), 200.57, 231.27 and 234.35, the department shall establish and periodically update a list of certified minority businesses, minority financial advisers and minority investment firms. Any business, financial adviser or investment firm may apply to the department for certification. For purposes of this paragraph, unless the context otherwise requires, a "business" includes a financial adviser or investment firm.

AB21,260 Section 260. 16.293 of the statutes is created to read:

AB21,122,8 16.293 Grants for economic development district. (1) From the appropriation under s. 20.855 (4) (d), and subject to subs. (2) and (3), the department may award grants to a city in the state for an economic development district that includes a community arts center and a mixed-use development.

AB21,122,14 (2) Before the department makes any grant under sub. (1), the city shall submit to the department a financial plan for the economic development district. The financial plan shall include matching funds, whether cash or in-kind or both, that, in total, at least equal 100 percent of all grant moneys being requested and shall include proof, to the satisfaction of the department, of other financing for the economic development district.

AB21,122,16 (3) The department may not award more than a total of $15,000,000 in grants under sub. (1).

AB21,261 Section 261. 16.40 (16) of the statutes is amended to read:

AB21,122,21 16.40 (16) Maintain an accounting for operating notes. Maintain an accounting of, forecast and administer those moneys pledged for the repayment of operating notes issued under subch. III of ch. 18 s. 16.526, in accordance with agreements entered into by the secretary under s. 16.004 (9).

AB21,262 Section 262. 16.40 (18) of the statutes is amended to read:

AB21,123,4 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 director of the office administrator of the division of state employment relations personnel management in the department and the joint committee on employment relations.

AB21,263 Section 263. 16.40 (23) of the statutes is repealed.

AB21,264 Section 264. 16.405 (1) of the statutes is renumbered 16.526 (1m) (a) and amended to read:

AB21,123,13 16.526 (1m) (a) At Subject to par. (b), at any time the department determines that a deficiency will occur in the funds of the state which will not permit the state to meet its operating obligations in a timely manner, it may prepare a request an authorizing certification for the issuance of operating notes under subch. III of ch. 18 and, subject to subs. (2) and (3), may submit the request to the building commission this section.

AB21,265 Section 265. 16.405 (2) of the statutes is repealed.

AB21,266 Section 266. 16.405 (3) of the statutes is renumbered 16.526 (1m) (b) and amended to read:

AB21,124,4 16.526 (1m) (b) If the department proposes to submit a request to the building commission prepare an authorizing certification under sub. (1) par. (a), the secretary shall notify the joint committee on finance in writing of the proposed action. If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed submission certification within 14 working days after the date of the secretary's notification, the department may submit the request to the building commission issue operating notes pursuant to the certification as proposed. If, within 14 working days after the date of the secretary's notification, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed submission certification, the department may submit the request to the building commission issue operating notes pursuant to the certification only upon approval of the committee.

AB21,267 Section 267. 16.41 (4) of the statutes is amended to read:

AB21,124,7 16.41 (4) In this section, "authority" means a body created under subch. II of ch. 114 or under ch. 36, 231, 233, 234 235, 237, 238, or 279.

AB21,268 Section 268. 16.415 (1) of the statutes is amended to read:

AB21,124,21 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 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 director of the office administrator of the division of state employment relations personnel management in the department and the administrator of the division director of the bureau of merit recruitment and selection in the office of state employment relations department then in effect.

AB21,269 Section 269. 16.415 (3) of the statutes is amended to read:

AB21,125,11 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 director of the office administrator of the division of state employment relations personnel management in the department, 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.

AB21,270 Section 270. 16.417 (1) (b) of the statutes is amended to read:

AB21,125,14 16.417 (1) (b) "Authority" means a body created under subch. II of ch. 114 or ch. 36, 231, 232, 233, 234 235, 237, 238, or 279.

AB21,271 Section 271. 16.417 (2) (f) 2. of the statutes is amended to read:

AB21,125,18 16.417 (2) (f) 2. An individual who is employed by the Board of Regents of the University of Wisconsin System Authority, but only with respect to compensation received within the system.

AB21,272 Section 272. 16.42 (1) (intro.) of the statutes is amended to read:

AB21,125,24 16.42 (1) (intro.) All agencies, other than including the University of Wisconsin System Authority and not including the legislature and the courts, no later than September 15 of each even-numbered year, in the form and content prescribed by the department, shall prepare and forward to the department and to the legislative fiscal bureau the following program and financial information:

AB21,273 Section 273. 16.50 (3) (b) of the statutes is amended to read:

AB21,126,6 16.50 (3) (b) 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), (2), or (2j), or by the investment board under s. 16.505 (2g), or by the board of regents of the University of Wisconsin System under s. 16.505 (2m) or (2p).

AB21,274 Section 274. 16.50 (3) (c) of the statutes is amended to read:

AB21,126,17 16.50 (3) (c) 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, or 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.

AB21,275 Section 275. 16.50 (3) (f) of the statutes is amended to read:

AB21,127,2 16.50 (3) (f) At the request of the director of the office administrator of the division of state employment relations personnel management in the department, the secretary of administration may authorize the temporary creation of pool or surplus positions under any source of funds if the director 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).

AB21,276 Section 276. 16.505 (1) (intro.) of the statutes is amended to read:

AB21,127,6 16.505 (1) (intro.) Except as provided in subs. (2), (2g), and (2j), (2m), 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:

AB21,277 Section 277. 16.505 (2m) of the statutes is repealed.

AB21,278 Section 278. 16.505 (2p) of the statutes is repealed.

AB21,279 Section 279. 16.505 (4) (b) of the statutes is amended to read:

AB21,127,13 16.505 (4) (b) Except as provided in par. (c), no No agency may change the funding source for a position authorized under this section unless the position is authorized to be created under a different funding source in accordance with this section.

AB21,280 Section 280. 16.505 (4) (c) of the statutes is repealed.

AB21,281 Section 281. 16.517 (1) of the statutes is amended to read:

AB21,128,2 16.517 (1) No later than 30 days after the effective date of each biennial budget act, the department shall provide to the joint committee on finance a report indicating any initial modifications that are necessary to the appropriation levels established under that act for program revenue and program revenue-service appropriations as defined in s. 20.001 (2) (b) and (c) or to the number of full-time equivalent positions funded from program revenue and program revenue-service appropriations authorized by that act to account for any additional funding or positions authorized under s. 16.505 (2) or (2m) or 16.515 in the fiscal year immediately preceding the fiscal biennium of the budget that have not been included in authorizations under the biennial budget act but that should be included as continued budget authorizations in the fiscal biennium of the budget.

AB21,282 Section 282. 16.517 (2) of the statutes is amended to read:

AB21,128,8 16.517 (2) Modifications under sub. (1) shall be limited to adjustment of the appropriation or position levels to the extent required to account for higher base levels for the fiscal year immediately preceding the fiscal biennium of the budget due to appropriation or position increases authorized under s. 16.505 (2) or (2m) or 16.515 during the fiscal year immediately preceding the fiscal biennium of the budget.

AB21,283 Section 283. 16.52 (7) of the statutes is amended to read:

AB21,128,19 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 in ch. 36, 231, 233, 234 235, 237, 238, or 279.

AB21,284 Section 284. 16.526 (title) of the statutes is created to read:

AB21,128,21 16.526 (title) Operating notes.

AB21,285 Section 285. 16.526 (4) (am) of the statutes is created to read:

AB21,129,5 16.526 (4) (am) Authorizing certification. No financial obligations may be incurred under this section nor may any evidence of operating notes be issued by the state except pursuant to a written authorizing certification. The certification shall set forth the aggregate principal amount of operating notes authorized thereby, the purpose of the operating notes, which need not be more specific but may not be more general than those purposes provided in or pursuant to law, the manner of sale of the notes, and the form and terms of the notes. The certification shall be signed by the secretary, or his or her designee, and shall be transmitted to the governor.

AB21,286 Section 286. 16.526 (8) of the statutes is created to read:

AB21,129,11 16.526 (8) procurement of services. The department may enter into a contract with any firm or individual engaged in financial services for the performance of any of its duties under this section, using selection and procurement procedures established by the department. A contract under this subsection is not subject to s. 16.705 or 16.75.

AB21,287 Section 287. 16.526 (9) of the statutes is created to read:

AB21,129,16 16.526 (9) Provisions applicable. The provisions of section 16.527 (4) (a) to (f) and (6) (a), (b), and (d), (8), and (9) apply to operating notes under this section, except that all references to appropriation obligations shall be read to refer to operating notes.

AB21,288 Section 288. 16.526 (10) of the statutes is created to read:

AB21,129,21 16.526 (10) Full authority. This section shall constitute full authority for the accomplishment of all acts authorized in this section to be done. No other law restricting the carrying out of such acts shall be construed as applying to proceedings had or acts done pursuant to this section.

AB21,289 Section 289. 16.527 (1) (c) of the statutes is created to read:

AB21,130,4 16.527 (1) (c) The legislature finds and determines that sports and entertainment facilities encourage economic development and tourism in this state by reducing unemployment and by bringing needed capital into the state for the benefit and welfare of people throughout the state. It is therefore in the public interest and will serve a public purpose, and it is the public policy of this state, to assist a sports and entertainment district in the construction of sports and entertainment facilities under subch. VI of ch. 229.

AB21,290 Section 290. 16.527 (3) (d) of the statutes is created to read:

AB21,130,11 16.527 (3) (d) 1. Subject to the limitations under subds. 2. to 4., the department may contract appropriation obligations of the state under this section for the purpose of assisting a sports and entertainment district under subch. VI of ch. 229 in the construction of sports and entertainment facilities, including the acquisition or lease of property. The assistance shall be in the form of a grant to the sports and entertainment district.

AB21,130,14 2. The sum of appropriation obligations issued under this section for the purpose under subd. 1. may not exceed $220,000,000, excluding any amounts representing accreted interest or original issue discount.

AB21,130,18 3. No appropriation obligations may be issued under this section for the purpose under subd. 1. unless the department determines that the sports and entertainment district has secured additional funding for the project in an amount at least equal to $300,000,000.