SB171: Bill Text

LRB-0336/8

RAC/MPG/RNK:cjs

2015 - 2016 LEGISLATURE

2015 Senate BILL 171

May 21, 2015 - Introduced by Senators Farrow, Wanggaard and Marklein, cosponsored by Representatives Petryk, Allen, Knodl, Quinn and Brostoff. Referred to Committee on Government Operations and Consumer Protection.

SB171,2,2 An Act to repeal 14.017 (3), 14.23, 15.07 (2) (L), 15.07 (2) (n), 15.07 (3) (bm) 4., 15.105 (26), 15.105 (28), 15.107 (5), 15.107 (17), 15.227 (17), 15.345 (6), 15.347 (15), 15.407 (3), 15.407 (6), 15.407 (8), 15.407 (12), 15.407 (17), 15.707, 16.02, 16.25 (1) (a), 16.71 (5), 16.957 (1) (cm), 16.97 (2m), 16.978, 23.18, 77.895 (1) (a), 101.972, 196.209 (5), 441.05, 441.10 (2), 441.10 (3) (title) and 450.025; to renumber 441.10 (3) (ag), 441.10 (3) (b), 441.10 (3) (d) and 441.10 (3) (e); to renumber and amend 441.10 (3) (a), 441.10 (3) (ar) and 441.10 (3) (c); and to amend 15.01 (4), 16.25 (2), 16.25 (3) (intro.), 16.25 (3) (c), 16.25 (3) (d), 16.25 (3) (g), 16.25 (3) (i) 2., 16.25 (3) (k), 16.25 (4) (a), 16.25 (4) (b), 16.25 (5), 16.25 (6), 16.42 (3), 16.705 (1b) (a), 16.957 (2) (intro.), 16.957 (2) (d) 4. d., 16.957 (4) (b) (intro.), 16.973 (7), 16.976 (3), 16.976 (4), 16.977 (intro.), 20.370 (5) (bz), 20.505 (4) (ec), 30.92 (1) (b), 36.59 (1) (b) 3., 36.59 (1) (b) 4., 48.981 (2m) (b) 1., 77.895 (2), 77.895 (3) (intro.), 77.895 (3) (a), 77.895 (3) (b), 77.895 (3) (c), 101.974 (2), 145.17 (2), 146.40 (1) (g), 255.35 (1m) (a) 2., 441.06 (1) (e) and 450.02 (2g) (b) of the statutes; relating to: eliminating inactive boards, councils, and commissions.

Analysis by the Legislative Reference Bureau

Current law requires the Department of Administration (DOA) to include in its agency budget request a proposal to eliminate any council, board, or commission that has not held a meeting since the preceding September 15, unless the council, board, or commission is required to exist under federal law. This bill eliminates most of the state entities that were included in DOA's budget request for the 2015-17 fiscal biennium. The bill, however, does not affect the general authority of the head of a state agency to appoint advisory councils or committees.

The entities that are eliminated are the Telecommunications Privacy Council, Automatic Fire Sprinkler System Contractors and Journeymen Council, Crematory Authority Council, Multifamily Dwelling Code Council, Pharmacist Advisory Council, Historical Society Endowment Fund Council, Milwaukee River Revitalization Council, Managed Forest Land Board, Labor and Management Council, Acid Deposition Research Council, Council on Utility Public Benefits, Information Technology Management Board, Standards Development Council, Examining Council on Licensed Practical Nurses, and Examining Council on Registered Nurses.

Under the bill, the Volunteer Fire Fighter and Emergency Medical Technician Service Award Board is eliminated and its powers and duties are transferred to the secretary of administration.

Finally, the bill transfers from DOA to the Department of Safety and Professional Services the requirement to include in its agency budget request a proposal to eliminate any council, board, or commission that has not held a meeting since the preceding September 15.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB171,1 Section 1. 14.017 (3) of the statutes is repealed.

SB171,2 Section 2. 14.23 of the statutes is repealed.

SB171,3 Section 3. 15.01 (4) of the statutes is amended to read:

SB171,3,6 15.01 (4) "Council" means a part-time body appointed to function on a continuing basis for the study, and recommendation of solutions and policy alternatives, of the problems arising in a specified functional area of state government, except the Milwaukee River revitalization council has the powers and duties specified in s. 23.18, the council on physical disabilities has the powers and duties specified in s. 46.29 (1) and (2), the state council on alcohol and other drug abuse has the powers and duties specified in s. 14.24, and the electronic recording council has the powers and duties specified in s. 706.25 (4).

SB171,4 Section 4. 15.07 (2) (L) of the statutes is repealed.

SB171,5 Section 5. 15.07 (2) (n) of the statutes is repealed.

SB171,6 Section 6. 15.07 (3) (bm) 4. of the statutes is repealed.

SB171,7 Section 7. 15.105 (26) of the statutes is repealed.

SB171,8 Section 8. 15.105 (28) of the statutes is repealed.

SB171,9 Section 9. 15.107 (5) of the statutes is repealed.

SB171,10 Section 10. 15.107 (17) of the statutes is repealed.

SB171,11 Section 11. 15.227 (17) of the statutes is repealed.

SB171,12 Section 12. 15.345 (6) of the statutes is repealed.

SB171,13 Section 13. 15.347 (15) of the statutes is repealed.

SB171,14 Section 14. 15.407 (3) of the statutes is repealed.

SB171,15 Section 15. 15.407 (6) of the statutes is repealed.

SB171,16 Section 16. 15.407 (8) of the statutes is repealed.

SB171,17 Section 17. 15.407 (12) of the statutes is repealed.

SB171,18 Section 18. 15.407 (17) of the statutes is repealed.

SB171,19 Section 19. 15.707 of the statutes is repealed.

SB171,20 Section 20. 16.02 of the statutes is repealed.

SB171,21 Section 21. 16.25 (1) (a) of the statutes is repealed.

SB171,22 Section 22. 16.25 (2) of the statutes is amended to read:

SB171,4,11 16.25 (2) The board shall establish by rule department shall administer a program to provide length-of-service awards, described in 26 USC 457 (e) (11), to volunteer fire fighters in municipalities that operate volunteer fire departments or that contract with volunteer fire companies organized under ch. 181 or 213, to first responders in any municipality that authorizes first responders to provide first responder services, and to volunteer emergency medical technicians in any municipality that authorizes volunteer emergency medical technicians to provide emergency medical technical services in the municipality. To the extent permitted by federal law, the board shall design department shall administer the program so as to treat the length-of-service awards as a tax-deferred benefit under the Internal Revenue Code.

SB171,23 Section 23. 16.25 (3) (intro.) of the statutes is amended to read:

SB171,4,15 16.25 (3) (intro.) The board department shall promulgate rules to include the following design features for administer the program so as to include all of the following features:

SB171,24 Section 24. 16.25 (3) (c) of the statutes is amended to read:

SB171,4,22 16.25 (3) (c) The municipality may select from among the plans offered by individuals or organizations under contract with the board department under sub. (4) for the volunteer fire fighters, first responders, and emergency medical technicians who perform services for the municipality. The municipality shall pay the annual contributions directly to the individual or organization offering the plan selected by the municipality.

SB171,25 Section 25. 16.25 (3) (d) of the statutes is amended to read:

SB171,5,8 16.25 (3) (d) 1. Subject to subd. 2., the board department shall match all annual municipal contributions paid for volunteer fire fighters, first responders, 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). 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 department shall pay all amounts that are matched under this paragraph to the individuals and organizations offering the plans selected by the municipalities.

SB171,5,12 2. If the moneys appropriated under s. 20.505 (4) (er) are not sufficient to fully fund the contributions required to be paid by the board department under subd. 1., the board department shall prorate the contributions paid for the volunteer fire fighters, first responders, and emergency medical technicians.

SB171,26 Section 26. 16.25 (3) (g) of the statutes is amended to read:

SB171,6,3 16.25 (3) (g) A volunteer fire fighter, first responder, or emergency medical technician shall be paid a length of service award either in a lump sum or in a manner specified by rule, consisting of all municipal and state contributions made on behalf of the volunteer fire fighter, first responder, or emergency medical technician and all earnings on the contributions, less any expenses incurred in the investment of the contributions and earnings, after the volunteer fire fighter, first responder, or emergency medical technician attains 20 years of service for a municipality and reaches the age of 60. If a volunteer fire fighter, first responder, or emergency medical technician has satisfied all vesting requirements under the program but has less than 20 years of service for a municipality or has not reached the age of 60, the program shall provide for the payment of a length of service award either in a lump sum or in a manner specified by rule in an amount to be determined by the board department, but less than the amount paid to a volunteer fire fighter, first responder, or emergency medical technician who has attained 20 years of service for a municipality and has reached the age of 60.

SB171,27 Section 27. 16.25 (3) (i) 2. of the statutes is amended to read:

SB171,6,9 16.25 (3) (i) 2. A volunteer fire fighter, first responder, or emergency medical technician who becomes disabled during his or her service as a volunteer fire fighter, first responder, or emergency medical technician for the municipality shall be paid a length of service award either in a lump sum or in a manner specified by rule, in an amount to be determined by the board department.

SB171,28 Section 28. 16.25 (3) (k) of the statutes is amended to read:

SB171,6,15 16.25 (3) (k) The board department shall equitably allocate all moneys in accounts of volunteer fire fighters, first responders, and emergency medical technicians that have been closed to the accounts of volunteer fire fighters, first responders, and emergency medical technicians that have not been forfeited or closed.

SB171,29 Section 29. 16.25 (4) (a) of the statutes is amended to read:

SB171,6,23 16.25 (4) (a) The board department 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). In establishing the requirements and qualifications, the board department shall develop criteria of financial stability that each individual and organization must meet in order to offer the services and plans under the program.

SB171,30 Section 30. 16.25 (4) (b) of the statutes is amended to read:

SB171,7,6 16.25 (4) (b) The board department 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), if the individual or organization fulfills the requirements and has the qualifications established by the board department under par. (a). Section 16.72 (2) (b) does not apply to any such contract.

SB171,31 Section 31. 16.25 (5) of the statutes is amended to read:

SB171,7,13 16.25 (5) The board department shall establish by rule a process by which a volunteer fire fighter, first responder, or emergency medical technician may appeal to the board secretary any decision made by the department or by an individual or organization under contract with the board department under sub. (4) that affects a substantial interest of the volunteer fire fighter, first responder, or emergency medical technician under the program.

SB171,32 Section 32. 16.25 (6) of the statutes is amended to read:

SB171,7,17 16.25 (6) Annually, on or before December 31, the board department shall submit a report to the chief clerk of each house of the legislature under s. 13.172 (2) describing the activities of the board department under this section.

SB171,33 Section 33. 16.42 (3) of the statutes is amended to read:

SB171,7,22 16.42 (3) The department of safety and professional services shall include in its agency request under sub. (1) a proposal to eliminate any council, board, or commission that has not held a meeting since the preceding September 15, unless the council, board, or commission is required to exist under federal law.

SB171,34 Section 34. 16.705 (1b) (a) of the statutes is amended to read:

SB171,7,24 16.705 (1b) (a) The service award board department under s. 16.25 (4) (b).

SB171,35 Section 35. 16.71 (5) of the statutes is repealed.

SB171,36 Section 36. 16.957 (1) (cm) of the statutes is repealed.

SB171,37 Section 37. 16.957 (2) (intro.) of the statutes is amended to read:

SB171,8,4 16.957 (2) Department duties. (intro.) In consultation with the council, the The department shall do all of the following:

SB171,38 Section 38. 16.957 (2) (d) 4. d. of the statutes is amended to read:

SB171,8,7 16.957 (2) (d) 4. d. Any other issue identified by the department, council, governor, speaker of the assembly or majority leader of the senate.

SB171,39 Section 39. 16.957 (4) (b) (intro.) of the statutes is amended to read:

SB171,8,13 16.957 (4) (b) Rules. (intro.) In consultation with the council, the The department shall promulgate rules that establish the amount of a low-income assistance fee under par. (a). Fees established in rules under this paragraph may vary by class of customer, but shall be uniform within each class, and shall satisfy each of the following:

SB171,40 Section 40. 16.97 (2m) of the statutes is repealed.

SB171,41 Section 41. 16.973 (7) of the statutes is amended to read:

SB171,8,23 16.973 (7) Prescribe and revise as necessary performance measures to ensure financial controls and accountability, optimal personnel utilization, and customer satisfaction for all information technology functions in the executive branch outside of the University of Wisconsin System and annually, no later than March 31, report to the joint committee on information policy and technology and the board concerning the performance measures utilized by the department and the actual performance of the department and the executive branch agencies measured against the performance measures then in effect.

SB171,42 Section 42. 16.976 (3) of the statutes is amended to read:

SB171,9,9 16.976 (3) Following receipt of a proposed strategic plan from an executive branch agency, the department shall, before June 1, notify the agency of any concerns that the department may have regarding the plan and provide the agency with its recommendations regarding the proposed plan. The department may also submit any concerns or recommendations regarding any proposed plan to the board for its consideration. The board shall then consider the proposed plan and provide the department with its recommendations regarding the plan. The executive branch agency may submit modifications to its proposed plan in response to any recommendations.