14.28(2)
(2) Foundation characteristics. The governor may provide for the participation of this state in the formation and operation of the foundation if all of the following conditions are satisfied:
14.28(2)(a)
(a) The foundation is organized under
ch. 181 and operated with the participation of this state and at least 5 telecommunications providers that operate in this state.
14.28(2)(b)
(b) The purpose of the foundation is to fund advanced telecommunications technology application projects and efforts to educate telecommunications users about advanced telecommunications services.
14.28(2)(d)
(d) The foundation is considered to be an authority, as defined in
s. 19.32 (1), and the records of the foundation are open to public inspection under
ss. 19.31 to
19.39.
14.28(2)(dm)
(dm) The foundation is considered to be a governmental body, as defined in
s. 19.82 (1), and meetings of the board of directors of the foundation and all committees of the foundation are open to the public under
subch. V of ch. 19.
14.28(2)(e)
(e) The foundation, with the advice of the ethics board, adopts ethics guidelines applicable to its directors, employes and paid consultants which are similar to
subch. III of ch. 19, except that the foundation may not require its paid consultants to file financial disclosure statements.
14.28(2)(f)
(f) The governor is authorized to appoint, with the advice and consent of the senate, the majority of the directors of the foundation.
14.28(2)(g)
(g) The foundation establishes an endowment fund for the purposes identified under
sub. (3).
14.28(2)(h)
(h) The foundation establishes a business plan that anticipates capitalizing its endowment fund with a total of $25,500,000 received from telecommunications providers and from the appropriation under s.
20.855 (4) (d), 1993 stats., within 7 years after the foundation is organized.
14.28(2)(i)
(i) If the foundation substantially ceases operations, all of the state's unencumbered contribution to the foundation's endowment fund will be returned to the state.
14.28(3)(a)(a) The foundation may fund from the earnings of the endowment fund a project that does any of the following:
14.28(3)(a)1.
1. Establishes a clearinghouse that matches potential projects that are consistent with the purposes of the foundation with interested funding sources.
14.28(3)(a)2.
2. Demonstrates cooperative applications between telecommunications users or between telecommunications users and telecommunications providers, if the project is replicable, serves to impart knowledge or skills or meets a demonstrated need and does not compete with the private sector in the deployment of telecommunications infrastructure.
14.28(3)(a)3.
3. Promotes the effective use of the telecommunications infrastructure.
14.28(3)(a)4.
4. Educates telecommunications users about advanced telecommunications technologies, applications and alternatives and associated effects on privacy.
14.28(3)(a)5.
5. Develops systems or procedures that assist individuals in applying information, produced through the application of advanced telecommunications and other information technologies, to create knowledge.
14.28(3)(b)1.1. This state, a local governmental unit in this state, a public, educational or governmental access facility, as defined in
47 USC 522 (15), located in this state, an educational institution, library or health care information service located in this state or any other person located in this state may apply for funding under
par. (a). A telecommunications provider is not eligible for funding under
par. (a).
14.28(3)(b)2.
2. The foundation shall give priority to funding applications received from local units of government, educational institutions and libraries and shall give additional priority to funding applications received from school districts in which the allowable percentage increase in revenue under
subch. VII of ch. 121 is less than the statewide average and to school districts in which the allowable revenue per pupil under
subch. VII of ch. 121 is less than the statewide average.
14.28(3)(b)3.
3. The foundation shall consider other financial resources available to an applicant in evaluating funding applications.
14.28(3)(c)
(c) A project funded under
par. (a) shall require matching contributions at a level set by the foundation.
14.28(6)(a)(a) In addition to the endowment fund under
sub. (3), the foundation shall establish and administer an additional fund. Telecommunications providers shall contribute the following to the fund under this subsection:
14.28(6)(a)1.
1. Before January 1, 1996, a total of $2,000,000 in direct or in-kind contributions.
14.28(6)(a)2.
2. Before January 1, 1998, in addition to the amount under
subd. 1., a total of $3,000,000, at least 50% of which shall be in direct contributions.
14.28(6)(b)
(b) The foundation may use the resources available in the fund established under this subsection to fund any application that satisfies the criteria identified under
sub. (3) (a) to
(c).
14.28(7)
(7) Additional contributors. Before January 1, 2002, the foundation shall attempt to raise from persons other than telecommunications providers a total of at least $10,000,000 in direct or in-kind contributions to the endowment fund under
sub. (3) and the fund under
sub. (6).
14.28(8)(a)(a) Before January 1, 1997, and biennially thereafter, the foundation shall submit a report to the joint committee on finance and the joint committee on information policy. The report shall include information about all of the following:
14.28(8)(a)1.
1. The status of the capitalization of the endowment fund, including information on resources received, by contributors.
14.28(8)(a)2.
2. The status of progress under
sub. (7) in raising contributions from persons other than telecommunications providers.
14.28(8)(b)
(b) If the foundation determines that it cannot capitalize the endowment fund as required under
sub. (2) (h), the foundation shall submit a report to the joint committee on finance and the joint committee on information policy before January 1, 2002. The report shall identify recommendations, including suggested legislation, for assisting the foundation in reaching its endowment fund capitalization level. In the report, the foundation shall consider the use of the universal service fund contribution collection mechanism under
s. 196.218 (3) to reach the required capitalization level.
14.28 History
History: 1993 a. 496;
1995 a. 225,
351.
OFFICE OF THE LIEUTENANT GOVERNOR
14.31
14.31
Office of lieutenant governor; creation. There is created an office of the lieutenant governor under the direction and supervision of the lieutenant governor.
14.32
14.32
Service as acting governor. 14.32(2)
(2) When acting as governor because of a vacancy in the office of governor created by the happening of any contingency specified in
s. 17.03, the lieutenant governor shall receive the annual salary and all other rights, privileges and emoluments of the office of governor. The annual salary paid in such instance shall be in lieu of all other compensation provided for the lieutenant governor.
14.32(3)
(3) Compensation for service by the lieutenant governor under this section shall be paid from the appropriation in
s. 20.525 (1) (a).
14.33
14.33
Employes. The lieutenant governor may employ within the limits of the appropriations under
s. 20.540 such staff as he or she deems necessary outside the classified service for such period and upon such terms as the lieutenant governor determines.
14.34
14.34
Additional executive duties. As the second ranking executive officer of the state, the lieutenant governor shall have such additional duties as are assigned by the governor in writing. These may include:
14.34(1)
(1) The designation by the governor of the lieutenant governor as the governor's representative on any statutory commission, board or committee on which the governor is entitled to membership. Under such designation, the lieutenant governor shall perform in the place of the governor and shall have all authority and responsibility granted by law to the governor with regard to such membership.
14.34(2)
(2) The designation by the governor of the lieutenant governor as the governor's representative on any nonstatutory committee created by the governor under
s. 14.019.
14.34(3)
(3) The designation by the governor of the lieutenant governor to coordinate state services and programs under
s. 14.03 and such other statutory responsibility of the governor for this purpose. The governor shall specify in writing to state agencies the nature, areas and extent of such designated authority.
14.34(4)
(4) The designation by the governor of the lieutenant governor as the governor's representative on any intergovernmental body created for the purpose of maintaining relationships with the federal government, state government, regional agencies or local government.
14.34 History
History: 1973 c. 90;
1991 a. 316.
14.35
14.35
Authorized activities. The lieutenant governor may:
14.35(1)
(1) Accept gifts, grants, bequests or devises, or federal moneys authorized by the governor under
s. 16.54, to be used for the authorized functions of the office of lieutenant governor.
14.35(2)
(2) Conduct conferences or prepare and sell publications or promotional materials related to the authorized functions of the office of lieutenant governor.
14.35 History
History: 1987 a. 27.
OFFICE OF THE SECRETARY OF STATE
14.36
14.36
Office of secretary of state; creation. There is created an office of the secretary of state under the direction and supervision of the secretary of state.
14.38
14.38
Secretary of state, duties. The secretary of state shall:
14.38(1)
(1) Record executive acts. Keep a record of the official acts of the executive department and, when required, lay the same and all matters relative thereto before either house of the legislature.
14.38(2)
(2) Affix great seal; register commissions. Affix the great seal to and countersign all commissions issued and other official acts done by the governor, the governor's approbation of the laws excepted; and make a register of such commissions in a book provided by the governor therefor, specifying the person to whom issued, the office conferred, and the date and term of the commission.
14.38(3)
(3) Have custody of books, records, etc. Have the custody of all books, records, deeds, bonds, parchments, maps, papers and other articles and effects belonging to the state, deposited or kept in the secretary of state's office, and make such provision for the arrangement and preservation thereof as is necessary, and keep the same, together with all accounts and transactions of the office open at all times to the inspection and examination of the governor or any committee of either or both houses of the legislature.
14.38(4)
(4) Biennial report. Report biennially in accordance with
s. 15.04 (1) (d) all matters pertaining to the office and, when required, furnish the governor or either house of the legislature, in writing, any information relative to the performance of the duties of the office.
14.38(5)
(5) Keep enrolled laws, etc. Safely keep all enrolled laws and resolutions, and not permit any of them to be taken out of the secretary of state's office or inspected except in the presence of the secretary of state, unless by order of the governor or by resolution of one or both houses of the legislature. For any violation of this subsection the secretary of state shall forfeit the sum of $100.
14.38(6)
(6) Compile original laws and resolutions. Cause the original laws enacted and joint resolutions adopted at each session of the legislature, together with the index containing the titles of the same, to be bound in suitable volumes in a substantial manner, and in the order in which they are enacted or adopted, with the title thereof and the session at which they are enacted or adopted to be written or printed on the spine of the volumes.
14.38(8)
(8) Record fees. Keep a record of all fees received by the office and include a summary of such record in the biennial report under
s. 15.04 (1) (d).
14.38(9)
(9) Furnish certified copies; fees. Make a copy of any law, resolution, deed, bond, record, document or paper deposited or kept in his or her office, upon request therefor, attach thereto his or her certificate, with the greater or lesser seal affixed, and collect therefor 50 cents per page and $5 for such certificate; if a copy is not to be certified and if the reproduction is performed by the office of the secretary of state, then collect a fee to cover the actual and necessary cost of reproduction and actual and necessary cost of transcription required to produce the copy or $2, whichever is greater; also to record any document authorized or required by law to be recorded in his or her office, and to charge therefor a fee of $1 per page. The fee for certified copies and for certificates as to results of searches of the records and files of his or her office, when a printed form is used, shall be $5, but when a specially prepared form is required the fee shall be $10. Telegraphic reports as to results of record searches shall be $5 plus the cost of the telegram. The secretary of state shall charge and collect for preparing any record or certificate under this subsection in an expeditious manner, an expedited service fee of $25 in addition to the fee otherwise required under this subsection.
14.38(9m)
(9m) Signatures. Receive and file the signature and an impression of the official seal or rubber stamp of all county clerks and registers of deeds, and upon request certify to the authenticity of that signature and official seal or rubber stamp and charge therefor the statutory fee.
14.38(10)
(10) Notices of proposed constitutional amendments and enactments. 14.38(10)(a)(a) No later than the next working day following the deposit of an act in his or her office, provide written notice to the legislative reference bureau of the act number and date of enactment, and the designated date of publication of the act under
s. 35.095.
14.38(10)(b)
(b) Publish in the official state paper, on the first Tuesday of August, September and October immediately preceding any general election, such proposed constitutional amendments as were approved for the first time by the legislature preceding the election.
14.38(10)(c)
(c) Publish in the official state newspaper within 10 days after the date of publication of an act a notice certifying the number of each act, the number of the bill from which it originated, the date of publication and the relating clause. Each certificate shall also contain a notice of where the full text of each act can be obtained. Costs under this paragraph shall be charged to the appropriation under
s. 20.765 (1) (d).
14.38(11)
(11) Other duties. Perform such other duties as are imposed upon the secretary of state by the constitution or by law.
14.38 History
History: 1975 c. 93,
198,
224,
421;
1977 c. 29;
1977 c. 196 s.
131;
1979 c. 328;
1981 c. 124,
372;
1983 a. 27;
1983 a. 36 s.
96 (2);
1985 a. 29,
303,
338;
1989 a. 123,
303;
1991 a. 32,
39,
316;
1993 a. 112,
214,
452;
1995 a. 27,
225.
14.39
14.39
Conditional acceptance of filing fees. Before actually filing any document by making an endorsement on that document, the secretary of state may accept and deposit the filing fee submitted with that document upon the condition that if subsequent examination of the document establishes that it does not meet the requirements for filing, the fee may be refunded and upon the condition that if a discrepancy in the amount of the fee is subsequently discovered the secretary of state may then demand further payment of a shortage or refund an overpayment subject to
s. 20.905 (3).
14.39 History
History: 1977 c. 418.
14.40
14.40
Record of positions, appointments. 14.40(1)
(1) Annually not later than July 1, each legislative, administrative and judicial agency of the state government shall submit to the secretary of state a list of all positions within that agency outside the classified service and above the clerical level, excluding the faculties under the jurisdiction of the board of regents of the University of Wisconsin System and the department of education, which are filled by appointment, and the term if there is one, together with the name of the incumbent and the date of his or her appointment.
Effective date note
NOTE: Sub. (1) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(1) Annually not later than July 1, each legislative, administrative and judicial agency of the state government shall submit to the secretary of state a list of all positions within that agency outside the classified service and above the clerical level, excluding the faculties under the jurisdiction of the board of regents of the university of Wisconsin system and the department of public instruction, which are filled by appointment, and the term if there is one, together with the name of the incumbent and the date of his or her appointment.
14.40(2)
(2) The secretary of state shall keep a record of all positions reported under
sub. (1), the names of the incumbents and the dates of their appointments.
14.40(3)
(3) The appointment officer shall promptly notify the secretary of state of any vacancy occurring in any such position because of resignation, disability or death as well as any appointments made to fill such vacancies.
14.40(4)
(4) Any officer or agency of the state authorized to select any officer of the state or member of a board, commission or committee outside the classified service, whether judicial, military or civil, shall report such selection to the secretary of state who shall record and file such selection for information of the public. The department of administration shall not approve any payroll or expense voucher for such position until the notice of appointment has been filed with the secretary of state.
14.43
14.43
Custodian of deeds, securities, oaths and bonds. All deeds, conveyances, abstracts of title, options and leases of land; and, unless otherwise directed by law, all bonds, mortgages and other securities, for money, belonging to this state, and all official oaths and bonds shall be deposited and preserved in the office of the secretary of state and be open to public inspection.
14.45
14.45
Great and lesser seals. 14.45(1)
(1) The state shall have a great seal and a lesser seal both of which shall be kept in the office of the secretary of state.
14.45(2)
(2) The great seal of the state consists of a metallic disc, 2 3/8 inches in diameter, containing, within an ornamental border, the following devices and legend: The coat of arms of the state, as in
s. 1.07 described; above the arms, in a line parallel with the border, the words, "Great Seal of the State of Wisconsin;" in the exergue, in a curved line, 13 stars.
14.45(3)
(3) A lesser seal, 1 3/4 inches in diameter, engraved with the device of the great seal, with the words, "Seal of the Secretary of State," in a curved line above, and the words, "State of Wisconsin," in a curved line below such device, is the seal of the secretary of state, and may be used to authenticate all papers and documents issued by the secretary of state, except the official acts of the governor, and such copies of the laws and records in the office of said secretary as may be required for use as evidence in any other state, territory or country.
