16.38 History
History: 1989 a. 31;
1991 a. 39.
16.385
16.385
Low-income energy assistance. 16.385(1)(am)
(am) "Crisis assistance" means a benefit that is given to a household experiencing or at risk of experiencing a heating-related emergency.
16.385(1)(b)
(b) "Dwelling" means the residence of a low-income warm room program volunteer.
16.385(1)(bm)
(bm) "Heating assistance" means a benefit, other than crisis assistance, that is given to a household to assist in meeting the cost of home heating.
16.385(1)(c)
(c) "Household" means any individual or group of individuals who are living together as one economic unit for whom residential energy is customarily purchased in common or who make undesignated payments for energy in the form of rent.
16.385(1)(d)
(d) "Low-income warm room program materials" include a removable, insulated radiator blanket, a portable remote control thermostat and other cost-efficient materials or repairs necessary to achieve maximum heating efficiency in a dwelling.
16.385(1)(e)
(e) "Low-income warm room program volunteer" means a person who is eligible for assistance under
42 USC 8621 to
8629, whose dwelling, in comparison to the dwellings of other persons eligible for assistance under
42 USC 8621 to
8629, has a high ratio of space to occupant, and who volunteers to take the training under
sub. (2) (b) and to cooperate with the department in the installation and operation of low-income warm room program materials in his or her dwelling.
16.385(1)(em)
(em) "Utility allowance" means the amount of utility costs paid by those individuals in subsidized housing who pay their own utility bills, as averaged from total utility costs for the housing unit by the housing authority.
16.385(2)(a)(a) The department shall administer low-income energy assistance as provided in this section to assist an eligible household to meet the costs of home energy with low-income home energy assistance benefits authorized under
42 USC 8621 to
8629.
16.385(2)(b)
(b) The department shall administer a low-income warm room program to install low-income warm room program materials in the dwellings of low-income warm room program volunteers and to train the low-income warm room program volunteers and the members of each low-income warm room program volunteer's household in the operation of the low-income warm room program materials to achieve maximum health and heating efficiency.
16.385(3)(b)
(b) By October 1 of every year from the appropriation under
s. 20.505 (7) (o), determine the total amount available for payment of heating assistance under
sub. (6) and determine the benefit schedule.
16.385(3)(c)
(c) From the appropriation under
s. 20.505 (7) (m), allocate $1,100,000 in each federal fiscal year for the department's expenses in administering the funds to provide low-income energy assistance.
16.385(3)(d)
(d) From the appropriation under
s. 20.505 (7) (o), allocate $2,900,000 in each federal fiscal year for the expenses of a county department, another local governmental agency or a private nonprofit organization in administering under
sub. (4) the funds to provide low-income energy assistance.
16.385(3)(e)1.
1. Allocate and transfer to the appropriation under
s. 20.505 (7) (km), 15% of the moneys received under
42 USC 8621 to
8629 in each federal fiscal year under the priority of maintaining funding for the geographical areas on July 20, 1985, and, if funding is reduced, prorating contracted levels of payment, for the weatherization assistance program administered by the department under
s. 16.39.
16.385(3)(e)2.
2. Allocate not more than $3,200,000 in each federal fiscal year for the payment of crisis assistance benefits to meet weather-related or fuel supply shortage emergencies under
sub. (8).
16.385(3)(e)3.
3. Except as provided under
subd. 6., allocate the balance of funds received under
42 USC 8621 to
8629 in a federal fiscal year, after making the allocations under
pars. (c) and
(d) and
subds. 1. and
2., for the payment of heating assistance under
sub. (6).
16.385(3)(e)6.
6. If federal funds received under
42 USC 8621 to
8629 in a federal fiscal year total less than 90% of the amount received in the previous federal fiscal year, submit a plan of expenditure under
s. 16.54 (2) (b).
16.385(3)(e)7.
7. By October 1 of each year and after consulting with the department of administration, allocate funds budgeted but not spent and any funds remaining from previous fiscal years to heating assistance under
sub. (6) or to the weatherization assistance program under
s. 16.39.
16.385(4)(a)(a) A household may apply after September 30 and before May 16 of any year for heating assistance from the county department under
s. 46.215 (1) (n) or
46.22 (1) (b) 4m. a. to
e. or from another local governmental agency or a private nonprofit organization with which the department contracts to administer the heating assistance program, and shall have the opportunity to do so on a form prescribed by the department for that purpose.
16.385(4)(b)
(b) If by February 1 of any year the number of households applying under
par. (a) substantially exceeds the number anticipated, the department may reduce the amounts of payments made under
sub. (6) made after that date. The department may suspend the processing of additional applications received until the department adjusts benefit amounts payable.
16.385(5)
(5) Eligibility. Subject to the requirements of
subs. (4) (b) and
(8), the following shall receive low-income energy assistance under this section:
16.385(5)(b)
(b) A household with income which is not more than 150% of the income poverty guidelines for the nonfarm population of the United States as prescribed by the federal office of management and budget under
42 USC 9902 (2).
16.385(5)(c)
(c) A household entirely composed of persons receiving aid to families with dependent children under
s. 49.19, food stamps under
7 USC 2011 to
2029, or supplemental security income or state supplemental payments under
42 USC 1381 to
1383c or
s. 49.77.
16.385(5)(d)
(d) A household with income within the limits specified under
par. (b) that resides in housing that is subsidized or administered by a municipality, a county, the state or the federal government in which a utility allowance is applied to determine the amount of rent or the amount of the subsidy.
16.385(6)
(6) Benefits. Within the limits of federal funds allocated under
sub. (3) and subject to the requirements of
sub. (4) (b) and
s. 16.54 (2) (b), heating assistance shall be paid under this section according to a benefit schedule established by the department based on household income, family size and energy costs.
16.385(7)
(7) Individuals in state prisons. No payment under
sub. (6) may be made to a prisoner who is imprisoned in a state prison under
s. 302.01 or to a person placed at a secured correctional facility, as defined in
s. 938.02 (15m), or a secured child caring institution, as defined in
s. 938.02 (15g).
16.385(8)
(8) Crisis assistance program. A household eligible for heating assistance under
sub. (6) may also be eligible for a crisis assistance payment to meet a weather-related or fuel supply shortage crisis. The department shall define the circumstances constituting a crisis for which a payment may be made and shall establish the amount of payment to an eligible household or individual. The department may delegate a portion of its responsibility under this subsection to a county department under
s. 46.215 or
46.22 or to another local governmental agency or a private nonprofit organization.
16.385(9)
(9) Notice of utility disconnection required. Any public utility, as defined in
s. 196.01 (5), or any fuel distributor furnishing heat, light or power to a residential customer shall provide written notice of intent to disconnect or discontinue service during the months of November to April and shall include information concerning any federal, state or local program that provides assistance for fuel or home heating bills. The department shall provide printed information at no cost upon request to any fuel distributor serving residential customers except public utilities. The information shall describe the nature and availability of any federal, state or local program that provides assistance for fuel or home heating bills.
16.39
16.39
Weatherization assistance. Notwithstanding
s. 16.54 (2) (a), the department shall administer federal funds available to this state under the weatherization assistance for low-income persons program, as amended,
42 USC 6861 to
6873. The department shall administer the funds in accordance with
42 USC 6861 to
6873 and regulations adopted under
42 USC 6861 or
6873.
16.39 History
History: 1991 a. 39;
1995 a. 27,
289,
432.
FINANCE
16.40
16.40
Department of administration, duties, powers. The department of administration shall:
16.40(1)
(1) Prepare budget. Discharge all duties in connection with the compilation of the biennial state budget report imposed by
ss. 16.42 to
16.46.
16.40(2)
(2) Attend finance committee. Attend all public hearings of the joint committee on finance and such executive meetings as the committee may desire, answer questions and give information called for by the committee relative to the financial operations of the state and its several agencies.
16.40(3)
(3) Prepare annual financial statement. Prepare at the end of each fiscal year not later than October 15, a condensed, and popular account of the finances of the state, showing the sources of the state's revenue and the purposes of its expenditures, including a comparison with the prior year; prepare at the end of each fiscal year not later than October 15, a statement of the condition of the general fund showing the cash balance, the accounts receivable, the accounts payable and the continuing unexpended and unencumbered appropriation balances; and prepare not earlier than January 1 nor later than February 1 in each year a tentative statement of the estimated receipts and disbursements of the general fund for the biennium in progress, showing also the estimated condition of the general fund at the end of the current biennium. A copy of each of such statements shall be filed in the legislative reference bureau and shall be sent to each member of the legislature.
16.40(4)
(4) Furnish information. Furnish such other information regarding the finances of the state and the financial operations of agencies as may be called for by the governor, the governor-elect, the legislature or either house thereof, or any member thereof.
16.40(5)
(5) Bookkeeping forms. Prescribe the forms of accounts and other financial records to be used by all agencies. Such accounts shall be as nearly uniform as is practical, and as simple as is consistent with an accurate and detailed record of all receipts and disbursements and of all other transactions affecting the acquisition, custodianship and disposition of value. The secretary may call upon the state auditor for advice and suggestions in prescribing such forms.
16.40(6)
(6) Take testimony. In the discharge of any duty imposed by law, administer oaths and take testimony and cause the deposition of witnesses to be taken in the manner prescribed for taking depositions in civil actions in circuit courts.
16.40(7)
(7) Collect revenue information. Collect from any available source and correlate information concerning any and all anticipated state revenues, including program revenues and segregated revenues from program receipts.
16.40(8)
(8) Collect information on disbursements. Collect and correlate information from all agencies concerning any agency disbursements and the proper time thereof.
16.40(9)
(9) Forecast revenues and expenditures. Forecast all revenues and expenditures of the state.
16.40(10)
(10) Determine minimum cash balances. Determine the minimum cash balances needed in public depositories in which operating accounts are maintained at all times to meet the operating requirements of all agencies.
16.40(11)
(11) Advise investment board director on surplus moneys. Advise the executive director of the investment board daily concerning surplus moneys available for investment from each of the various state funds.
16.40(12)
(12) Advise investment board director on cash needs. Advise the executive director of the investment board concerning the date when invested funds will be required in the form of cash. Said director shall furnish such reports of investments as may be required by the department of administration.
16.40(13)
(13) Cooperate in improvements of state fund management. Cooperate with the executive director of the investment board, the state treasurer, the department of revenue and other revenue agencies for the purpose of effecting improvements in the management and investment of state funds.
16.40(14)
(14) Committees. Perform administrative services required to properly account for the finances of committees created by law or executive order. The governor may authorize each committee to make expenditures from the appropriation under
s. 20.505 (3) (a) not exceeding $2,000 per fiscal year. The governor shall report such authorized expenditures to the joint committee on finance at the next quarterly meeting of the committee. If the governor desires to authorize expenditures of more than $2,000 per fiscal year by a committee, the governor shall submit to the joint committee on finance for its approval a complete budget for all expenditures made or to be made by the committee. The budget may cover a period encompassing more than one fiscal year or biennium during the governor's term of office. If the joint committee on finance approves a budget authorizing expenditures of more than $2,000 per fiscal year by such a committee, the governor may authorize the expenditures to be made within the limits of the appropriation under
s. 20.505 (3) (a) in accordance with the approved budget during the period covered by the budget. If after the joint committee on finance approves a budget for such a committee the governor desires to authorize expenditures in excess of the authorized expenditures under the approved budget, the governor shall submit a modified budget for the committee to the joint committee on finance. If the joint committee on finance approves a modified budget, the governor may authorize additional expenditures to be made within the limits of the appropriation under
s. 20.505 (3) (a) in accordance with the modified budget during the period covered by the modified budget.
16.40(15)
(15) Badger state games assistance. Provide, from the appropriation under
s. 20.505 (1) (f), financial assistance for the operation of the badger state games.
16.40(16)
(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, in accordance with agreements entered into by the secretary under
s. 16.004 (9).
16.40(17)
(17) Interstate bodies. Perform administrative services required to properly account for dues and related expenses for state participation in national or regional interstate governmental bodies specified in
s. 20.505 (3) (a) or determined by the governor.
16.40(18)
(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 secretary of employment relations and the joint committee on employment relations.
16.40(19)
(19) State-owned rental housing. Require each agency as defined in
s. 16.52 (7) which has a program revenue or segregated revenue appropriation for deposit of housing receipts to deposit all revenues received from rentals established under
s. 16.004 (8) for state-owned housing in that appropriation account, or if the appropriation is for more than one purpose, in a separate subaccount within that appropriation, and to pay all expenses for maintenance of the housing from that account or subaccount.
16.405
16.405
Requests for issuance of operating notes. 16.405(1)(1) 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 for the issuance of operating notes under
subch. III of ch. 18 and, subject to
sub. (2), may submit the request to the building commission.
16.405(2)
(2) The department may not submit a request to the building commission under
sub. (1) unless the request is signed by the secretary and the governor, and approved by the joint committee on finance.
16.405 History
History: 1983 a. 3;
1985 a. 29.
16.41
16.41
Agency and authority accounting; information; aid. 16.41(1)(1) All agencies shall keep their accounts and other financial records as prescribed by the secretary under
s. 16.40 (5), except as otherwise specifically directed by law. All agencies and authorities shall furnish to the secretary all information relating to their financial transactions which the secretary requests pursuant to this subchapter for such periods as the secretary requests, and shall render such assistance in connection with the preparation of the state budget report and the budget bill and in auditing accounts, as the secretary or the governor may require.
16.41(2)
(2) The secretary and his or her duly authorized employes shall have free access to all financial accounts of every agency and authority, and each agency and authority shall assist the secretary in preparing estimates of receipts and expenditures for inclusion in the state budget report.
16.41(3)
(3) Upon request of the secretary all agencies and authorities shall furnish such information concerning anticipated revenues and expenditures as the secretary requires for effective control of state finances.
16.41(4)
(4) In this section, "authority" means a body created under
ch. 231,
233 or
234.
16.412
16.412
Agency payments. At the request of any agency the secretary, with the approval of the state treasurer, may authorize the processing of specified regular periodic payments through the use of money transfer techniques including, without limitation because of enumeration, direct deposit, electronic funds transfer and automated clearinghouse procedures.
16.412 History
History: 1981 c. 20.
16.415
16.415
Certification of payrolls. 16.415(1)
(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 the treasurer or other 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 rules of the secretary of employment relations and the administrator of the division of merit recruitment and selection in the department of employment relations then in effect.
16.415(2)
(2) Any person entitled to be certified as described in
sub. (1), as having been appointed or employed in pursuance of law and of the rules pursuant thereto, and refused such certificate, may maintain an action of mandamus to compel the appointing authority to issue such certificate.
16.415(3)
(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 secretary of employment relations, 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.
16.417
16.417
Limitation on dual employment or retention. 16.417(2)
(2) No individual who is employed or retained in a full-time position or capacity with an agency or authority may hold any other position or be retained in any other capacity with an agency or authority from which the individual receives, directly or indirectly, more than $12,000 from the agency or authority as compensation for the individual's services during the same year. No agency or authority may employ any individual or enter into any contract in violation of this subsection. The department shall annually check to assure that no individual violates this subsection. The department shall order any individual whom it finds to be in violation of this subsection to forfeit that portion of the economic gain that the individual realized in violation of this subsection. The attorney general, when requested by the department, shall institute proceedings to recover any forfeiture incurred under this subsection which is not paid by the individual against whom it is assessed. This subsection does not apply to an individual who has a full-time appointment for less than 12 months, during any period of time that is not included in the appointment.
16.417 Annotation
Discussion of restrictions which (2) imposes on dual state employment of state employes.
77 Atty. Gen. 245.
16.42
16.42
Agency requests. 16.42(1)(1) All agencies, other than 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:
16.42(1)(a)
(a) A clear statement of the purpose or goal for each program or subprogram;
