AB1039: Bill Text

LRB-5584/1

MPG:kjf

2017 - 2018 LEGISLATURE

2017 Assembly BILL 1039

March 21, 2018 - Introduced by Representatives Spreitzer, Pope, Subeck, Sinicki and Zamarripa, cosponsored by Senator Vinehout. Referred to Committee on Constitution and Ethics.

AB1039,4,2 An Act to repeal 14.58 (4), 16.401 (title), 16.401 (intro.), 16.401 (1), 20.566 (4), 20.907 (5) (e) 12e. and 20.907 (5) (e) 12r.; to renumber 16.401 (3), 16.401 (7) (intro.) and (a) to (c), 16.401 (14), 16.401 (15) and 20.505 (1) (gc); to renumber and amend 15.105 (25m), 16.40 (21), 16.401 (2), 16.401 (4), 16.401 (5), 16.401 (6), 16.401 (8), 16.401 (9), 16.401 (10), 16.401 (11), 16.401 (12), 16.401 (13), 16.64, 16.641, 16.642, 20.505 (1) (tb), 20.505 (1) (td), 20.505 (1) (tf), 20.505 (1) (th), 20.505 (1) (tj), 20.505 (1) (tL), 20.505 (1) (tn) and 20.505 (1) (tp); to amend 14.58 (1) (intro.), 16.255 (1) (intro.), 16.255 (3) (d), 16.412, 16.415 (1), 16.53 (5), 16.53 (10) (a), 16.53 (10) (b), 18.60 (3), 19.43 (7), 20.437 (2) (qm), 20.505 (1) (kj), 20.585 (1) (k), 20.906 (1), 20.906 (4), 20.906 (5), 20.906 (6), 20.907 (2), 20.907 (5) (a), 20.907 (5) (b), 20.907 (5) (c), 20.907 (5) (d), 20.909 (2), 20.912 (1), 20.912 (3), 20.912 (4), 20.912 (5), 20.920 (2) (a), 20.929, 23.49, 23.85, 24.17 (1) (intro.), 24.17 (2), 24.20, 24.25 (1), 24.29, 24.32 (2) (a) 2., 24.33 (1) (c), 24.64, 24.69 (1), 24.71 (2), 25.14 (3), 25.17 (2) (f), 25.17 (61), 25.19 (3), 25.19 (4), 25.31 (1), 25.50 (3) (a), 25.50 (4), 25.50 (5m) (a), 25.50 (7), 25.50 (8) (b), 25.50 (9), 25.50 (10), 25.80, 25.85, 25.853, 25.855, 26.14 (4), 26.30 (9) (b) (intro.), 29.983 (1) (e), 29.983 (1) (f), 29.983 (2), 29.985 (1) (c), 29.985 (1) (d), 29.987 (1) (c), 29.987 (1) (d), 29.989 (1) (c), 29.989 (1) (d), 29.99 (3), 29.99 (4), 34.08 (2), 36.51 (6), 38.36 (6), 40.04 (3) (c), 43.70 (3), 45.45 (5) (b), 45.51 (11), 46.973 (3), 48.275 (2) (d), 48.715 (3) (a) 3., 49.19 (3) (b), 49.19 (14) (b), 49.498 (16) (g), 49.687 (3) (a), 49.688 (6) (a), 50.03 (5g) (c) 1. c., 50.034 (8) (d), 50.035 (11) (d), 50.04 (5) (f), 50.377 (4), 50.55 (1) (e), 50.98 (5), 51.605 (2), 55.107 (2), 59.25 (3) (f), 59.25 (3) (k), 59.25 (3) (L), 59.25 (3) (m), 59.25 (3) (p), 66.0114 (1) (bm), 66.0114 (3) (c), 66.0517 (3) (b) 1., 69.22 (1m), 69.22 (1q) (intro.), 70.385, 70.39 (4) (b), 71.05 (6) (a) 26. (intro.), 71.05 (6) (a) 26. c., 71.05 (6) (b) 23., 71.05 (6) (b) 28. h., 71.05 (6) (b) 31., 71.05 (6) (b) 32. (intro.), 71.05 (6) (b) 32m., 71.05 (6) (b) 33. (intro.), 71.10 (5) (h) (intro.), 71.10 (5e) (h) (intro.), 71.30 (10) (h) (intro.), 71.30 (11) (h) (intro.), 71.74 (13) (a), 71.74 (13) (b), 71.80 (1) (e), 71.80 (16) (b), 71.80 (17), 71.91 (5) (h), 71.91 (7) (e), 72.24, 73.03 (6), 73.10 (6), 74.25 (1) (a) 5., 74.27, 74.30 (1) (e), 74.30 (1m), 76.13 (2), 76.13 (3), 76.15 (2), 76.22 (3), 76.24 (1), 76.28 (4) (b), 76.39 (4) (d), 76.48 (3), 76.48 (5), 84.11 (4), 84.12 (4), 85.14 (1) (b), 85.14 (2), 87.07 (4), 87.11 (2), 87.13, 93.31, 100.261 (2), 100.261 (3) (a), 100.261 (3) (b), 100.60 (8) (d) 3., 101.573 (1), 101.573 (3), 101.573 (4), 102.28 (7) (a), 102.63, 102.85 (4) (c), 102.85 (4) (d), 108.15 (6) (c), 108.15 (6) (d) (intro.), 108.15 (6) (e), 108.20 (2), 115.345 (5), 125.14 (2) (e), 125.14 (2) (f), 139.10 (1), 139.39 (4), 145.12 (5) (c), 146.903 (5) (d), 150.963 (3) (e), 165.30 (3), 165.755 (3), 165.755 (4), 165.755 (5), 165.755 (6), 165.755 (7), 167.31 (5) (c), 167.31 (5) (d), 169.46 (1) (c), 169.46 (1) (d), 169.46 (2) (c), 169.46 (2) (d), 177.01 (1), 177.23 (2) (e), 180.1440, 181.1440, 185.75 (2), 186.235 (11) (p) 3., 193.735 (1) (intro.), 193.905 (4) (b), 194.51, 195.60 (3), 195.60 (4) (d), 195.60 (5), 196.199 (3) (d), 196.85 (3), 196.85 (4) (d), 196.85 (5), 215.33 (3) (b) 2., 217.11 (5), 220.08 (14), 220.08 (20), 223.02 (1) (intro.), 223.02 (1) (b), 223.02 (1) (c), 223.02 (1) (d), 223.02 (1) (e), 223.20 (3), 224.77 (1m) (c) 1., 253.06 (4) (c) 2., 253.06 (5) (e), 254.45 (4) (b), 254.59 (2), 254.59 (5), 281.99 (4), 299.93 (3), 299.93 (4), 301.105 (intro.), 344.185 (2) (e) 2., 345.08, 346.177 (3), 346.177 (4), 346.495 (3), 346.495 (4), 346.65 (4r) (c), 346.65 (4r) (d), 346.655 (2), 346.655 (3), 346.657 (2), 349.04 (3), 349.04 (4), 350.115 (1) (c), 350.115 (1) (d), 351.07 (1g), 562.02 (1) (g), 565.37 (3), 601.13 (1) (intro.), 601.13 (3) (intro.), 601.13 (5), 601.13 (6), 601.13 (8) (intro.), 601.13 (11), 601.45 (3), 601.62 (4), 604.04 (4), 604.05, 604.06 (1), 604.07, 605.30, 611.76 (4) (e), 645.73 (1), 645.73 (2), 704.90 (5) (b) 2. d., 704.90 (6) (b), 707.28 (3) (f) 2. b., 753.07 (2) (a), 753.07 (3) (a), 753.07 (4), 757.05 (1) (b), 757.05 (1) (c), 757.05 (1) (d), 778.135, 778.17, 812.42 (2) (c), 813.31, 814.60 (1), 814.61 (1) (a), 814.61 (3), 814.61 (7) (a), 814.61 (7) (b), 814.61 (8) (c), 814.61 (8) (d), 814.62 (1), 814.62 (3) (d) 2., 814.62 (3) (d) 3., 814.63 (5), 814.65 (1), 814.66 (3), 815.18 (3) (o), 815.18 (3) (p), 863.37 (2) (a), 863.39 (1), 863.39 (3) (a), 938.275 (2) (d), 938.34 (8d) (b), 938.34 (8d) (c), 961.41 (5) (b), 973.042 (4), 973.042 (5), 973.042 (6), 973.043 (2), 973.043 (4), 973.045 (2), 973.045 (4), 973.046 (2), 973.046 (3), 973.046 (4), 973.055 (2), 973.055 (3), 973.057 (2) (a), 973.057 (2) (b), 973.057 (3), 978.12 (5) (c) 1., 978.13 (1) (b), 978.13 (1) (c) and 978.13 (1) (d); and to create 14.58 (2m), 14.58 (8) (d), 14.58 (21), 20.585 (1) (a), 20.585 (1) (e), 20.585 (1) (j), 20.585 (1) (jt), 20.585 (1) (kf), 20.585 (1) (km) and 20.585 (2) (title) of the statutes; relating to: the duties and functions of the Department of Administration, the Department of Revenue, and the Office of the State Treasurer and making appropriations.

Analysis by the Legislative Reference Bureau

This bill transfers the following duties and functions back to the Office of the State Treasurer (state treasurer) after having been transferred from that office at various times, as indicated below:

1. Cash management functions. In 2003 Wisconsin Act 33, the state's cash management functions and related duties were transferred from the state treasurer to the Department of Administration. This bill transfers those functions and related duties back to the state treasurer.

2. Local government investment pool. The local government pooled-investment fund (fund) consists of moneys placed in the state investment fund by local governmental units. 2011 Wisconsin Act 32 transferred the state treasurer's duties relating to the fund, including prescribing the mechanisms and procedures for deposits and withdrawals into and from the fund, to DOA. This bill transfers those duties back to the state treasurer.

3. Unclaimed property program. 2013 Wisconsin Act 20 transferred the state's unclaimed property program from the state treasurer to the Department of Revenue. This bill transfers the program back to the state treasurer.

4. College savings programs. 2011 Wisconsin Act 32 attached the College Savings Program Board, which had previously been attached to the state treasurer, to DOA. That board administers the EdVest program, which is a college savings plan established to enable families to contribute moneys to accounts for the college expenses of dependents. This bill reattaches the College Savings Program Board to the state treasurer and requires the state treasurer to administer the state's other college savings program, which was also transferred from the state treasurer to DOA under 2011 Wisconsin Act 32.

5. Administrative services. The bill transfers to the state treasurer the duty to provide administrative services to the Board of Commissioners of Public Lands. Currently, DOA provides those services, but the state treasurer had previously done so.

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:

AB1039,1 Section 1. 14.58 (1) (intro.) of the statutes is amended to read:

AB1039,5,6 14.58 (1) Sign checks, share drafts, and other drafts have custody of moneys. (intro.) Sign Receive and have charge of all moneys paid into the treasury and any other moneys received by officers and employees of state agencies; 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; and sign checks, share drafts, and other drafts on depositories in which moneys may be deposited in one of the following methods:

AB1039,2 Section 2. 14.58 (2m) of the statutes is created to read:

AB1039,5,9 14.58 (2m) Administrative services. Provide all administrative services to the board of commissioners of public lands.

AB1039,3 Section 3. 14.58 (4) of the statutes is repealed.

AB1039,4 Section 4 . 14.58 (8) (d) of the statutes is created to read:

AB1039,5,13 14.58 (8) (d) Any other information pertaining to the duties of the state treasurer, as determined by the state treasurer or required by the governor.

AB1039,5 Section 5 . 14.58 (21) of the statutes is created to read:

AB1039,5,17 14.58 (21) Pay credit card use charges. From moneys received under ss. 59.25 (3) (j) and (k) and 85.14, pay the charges under ss. 23.49 and 85.14 (1) (b) and (2) from the appropriation under s. 20.585 (1) (km).

AB1039,6 Section 6. 15.105 (25m) of the statutes is renumbered 14.57, and 14.57 (intro.) and (1), as renumbered, are amended to read:

AB1039,5,23 14.57 College savings program board Same, attached boards. (intro.) There is created a college savings program board that is attached to the department of administration state treasurer under s. 15.03 and that consists of all of the following members:

AB1039,5,24 (1) The secretary of administration state treasurer or his or her designee.

AB1039,7 Section 7 . 16.255 (1) (intro.) of the statutes is amended to read:

AB1039,6,2 16.255 (1) (intro.) The department shall determine the factors to be considered in selecting a vendor of the program under s. 16.641 14.64, which shall include:

AB1039,8 Section 8 . 16.255 (3) (d) of the statutes is amended to read:

AB1039,6,5 16.255 (3) (d) That the vendor communicate to the beneficiary and account owner the requirements of s. 16.641 14.64 (8).

AB1039,9 Section 9. 16.40 (21) of the statutes is renumbered 14.58 (3) and amended to read:

AB1039,6,14 14.58 (3) Administrative services provided to the board of commissioners of public lands; accounting. Render an accounting to the board of commissioners of public lands for the costs of all administrative services provided by the department and other state agencies, as defined in s. 20.001 (1), state treasurer to the board. All moneys received from the board under s. 24.64 for the costs of administrative services provided by the department and other state agencies shall be deposited in the general fund.

AB1039,10 Section 10 . 16.401 (title) of the statutes is repealed.

AB1039,11 Section 11 . 16.401 (intro.) of the statutes is repealed.

AB1039,12 Section 12 . 16.401 (1) of the statutes is repealed.

AB1039,13 Section 13. 16.401 (2) of the statutes is renumbered 14.58 (2) and amended to read:

AB1039,6,21 14.58 (2) Issue receipts. Issue receipts for all money paid to the department state treasurer.

AB1039,14 Section 14. 16.401 (3) of the statutes is renumbered 14.58 (3).

AB1039,15 Section 15. 16.401 (4) of the statutes is renumbered 14.58 (4m) and amended to read:

AB1039,7,12 14.58 (4m) 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 secretary state treasurer shall accept telephone advice believed by 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.

AB1039,7,19 (b) When in the judgment of the secretary state treasurer 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 transfer the excess balance to authorize the preparation of a warrant in excess of the funds contained in 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. (14) (19).

AB1039,16 Section 16. 16.401 (5) of the statutes is renumbered 14.58 (5) and amended to read:

AB1039,8,2 14.58 (5) Account for interest. Pay into the treasury and account for all sums directly or indirectly received by the secretary treasurer by virtue of the secretary's treasurer's office, or as interest or compensation for the use, deposit, or forbearance of any state moneys in the secretary's treasurer's hands or under the secretary's treasurer's control.

AB1039,17 Section 17. 16.401 (6) of the statutes is renumbered 14.58 (6) and amended to read:

AB1039,8,16 14.58 (6) Keep cash and fund accounts. Keep records showing the number, date, and amount of each cash receipt issued by the department treasurer's office 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 secretary's treasurer'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.

AB1039,18 Section 18 . 16.401 (7) (intro.) and (a) to (c) of the statutes are renumbered 14.58 (8) (intro.) and (a) to (c).

AB1039,19 Section 19. 16.401 (8) of the statutes is renumbered 14.58 (9) and amended to read:

AB1039,9,12 14.58 (9) Submit biennial report. As part of the report submitted under s. 15.04 (1) (d), 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 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.