13.099(4) (4)Rule-making authority. The department may promulgate any rules necessary for the administration of this section.
13.099 History History: 1995 a. 308.
13.10 13.10 Joint committee on finance approvals.
13.10(1)(1) Except as otherwise expressly provided by law, all matters before the joint committee on finance which require the affirmative action of the committee, except those related to the receipt of reports for which no committee action is required and except those related to the drafting, introduction, consideration, modification, adoption, rejection, enactment or defeat of any bill, resolution, amendment, fiscal estimate or nomination, shall be considered by the committee according to the procedures under this section. The joint committee on finance shall hold regular quarterly meetings and shall hold special meetings upon call of the governor or upon call of the cochairpersons for the purposes of considering matters under this section.
13.10(2) (2) Requests for an appropriation change under s. 13.101 in an amount not exceeding $5,000 and requiring immediate committee action may be resolved by mail ballot to be formally recorded at the next ensuing special or regular meeting. The committee may employ such assistants as it deems necessary and fix their compensation. For the purposes of this section the secretary of administration, or a designated representative, shall serve as secretary of the committee. The state auditor and the director of the legislative fiscal bureau, or their designated representatives, shall attend such meetings if the committee requests.
13.10(3) (3) All requests for action by the committee shall be filed with the secretary of the committee in writing and shall contain a statement of the action requested, the purposes therefor, the statutory provision authorizing or directing the performance of the action, and such other information as the committee may require. The governor shall submit a recommendation on the request to the committee. The committee shall afford all such requests a public hearing and the secretary of the committee shall give public notice of the time and place of such hearing.
13.10(4) (4) All actions under this section shall be determined by a roll call vote. A copy of the minutes shall be signed by the secretary and approved by the presiding officers and be transmitted to the department of administration, the state auditor and the legislative reference bureau. All requests for action by the committee under this section may be approved in whole or in part by the governor and the part approved shall be so ordered, and the part objected to shall be returned to the committee for reconsideration. If the governor neither approves nor objects to a request within 15 working days after the committee takes action on the request, the request is approved in whole. The cochairpersons of the committee shall call a meeting or conduct a mail ballot within 15 working days after receipt of the governor's objection and if, after reconsideration, two-thirds of the members of the committee by a roll call vote or recorded ballot sustain the original action it shall be so ordered by signature of the cochairpersons of the committee.
13.10(5) (5) Appropriation changes approved by the joint committee on finance shall be reported to the department of administration and expenditures therefrom shall be shown in the state budget report as an additional cost of the state agency or programs to which the changes were made.
13.10 History History: 1981 c. 20 ss. 3b, 3c, 3e, 3g, 3m; 1983 a. 27; 1993 a. 184.
13.101 13.101 Joint committee on finance; appropriation and position changes.
13.101(1)(1) Following the procedures under s. 13.10, the joint committee on finance may take action under this section.
13.101(2) (2) A department, board, commission or agency may request the committee to create or abolish a full-time equivalent position as defined in s. 230.03 (11) or portion thereof in the department, board, commission or agency. Upon receiving such a request, the committee may change the authorized level of full-time equivalent positions in the department, board, commission or agency. The committee may approve a different authorized level of full-time equivalent positions than is requested by the department, board, commission or agency.
13.101(3) (3)
13.101(3)(a)(a) The committee may supplement, from the appropriations under s. 20.865 (4), the appropriation of any department, board, commission or agency, which is insufficient because of unforeseen emergencies or insufficient to accomplish the purpose for which made, if the committee finds that:
13.101(3)(a)1. 1. An emergency exists;
13.101(3)(a)2. 2. No funds are available for such purposes; and
13.101(3)(a)3. 3. The purposes for which a supplemental appropriation is requested have been authorized or directed by the legislature.
13.101(3)(b) (b) The committee may supplement an appropriation only for the fiscal biennium during which the committee takes the action to supplement the appropriation.
13.101(3m) (3m) Notwithstanding sub. (3), the committee shall supplement, from the appropriation under s. 20.865 (4) (c), the appropriation to the Wisconsin sesquicentennial commission under s. 20.525 (1) (k) upon receipt of documentation of the amounts of gifts and grants received by, or pledged to, the commission. The supplement under this subsection shall equal $1 for each dollar received by, or pledged to, the commission as a gift or grant. This subsection does not apply to the first $250,000 received by the commission as gifts or grants.
Effective date note NOTE: Sub. (3m) is repealed eff. 7-1-99 by 1995 Wis. Act 445.
13.101(4) (4) The committee may transfer between appropriations and programs if the committee finds that unnecessary duplication of functions can be eliminated, more efficient and effective methods for performing programs will result or legislative intent will be more effectively carried out because of such transfer, if legislative intent will not be changed as the result of such transfer and the purposes for which the transfer is requested have been authorized or directed by the legislature, or to implement s. 16.847 (8) (b) 3. The authority to transfer between appropriations includes the authority to transfer between 2 fiscal years of the same biennium, between 2 appropriations of the same agency and between an appropriation of one agency and an appropriation of a different agency. No transfer between appropriations or programs may be made to offset deficiencies arising from the lack of adequate expenditure controls by a department, board, institution, commission or agency. The authority to transfer between appropriations shall not include the authority to transfer from sum sufficient appropriations as defined under s. 20.001 (3) (d) to other types of appropriations.
13.101(4a) (4a) The committee may transfer appropriated moneys from the appropriation account of any state agency, as defined in s. 20.001 (1), under which document production, reproduction or distribution costs are financed, other than a sum sufficient appropriation account, to the appropriation account under s. 20.870 (1) (r), in an amount not exceeding the savings accruing to the state during the fiscal biennium in which the transfer is made resulting from the centralization of document production, reproduction or distribution functions in the department of administration, as documented by the department.
13.101(4b) (4b) The committee may transfer appropriated moneys from the appropriation account of any state agency, as defined in s. 20.001 (1), other than a sum sufficient appropriation account, in an amount not greater than the estimated savings to the state resulting from the implementation by the agency of an information technology project under s. 16.971 (5), to the appropriation account under s. 20.870 (1) (r). The committee shall not act under this subsection unless the estimated savings to the state are documented by the secretary of administration.
13.101(4g) (4g) At the request of the department of agriculture, trade and consumer protection under s. 92.14 (4r), the committee may transfer funds from the appropriation under s. 20.370 (6) (aq) to the appropriation under s. 20.115 (7) (qd) if necessary to provide grants under s. 92.14 (4) (c).
13.101(4m) (4m) The committee may make loans from the appropriation under s. 20.865 (4) (a) to any appropriation from the general fund or any state segregated fund. If a loan upon repayment is credited to the appropriation under s. 20.865 (4) (a), the committee may utilize the loan funds repaid as provided in this section and s. 20.865 (4) (a).
13.101(5) (5) The committee may allot moneys under s. 20.865 (4) (a), (g) and (u) to any state activity to which a federal project has been granted.
13.101(6) (6)
13.101(6)(a)(a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, the university of Wisconsin system or to any other state agency or activity by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (cg), (cr) and (q), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax) and (6) (aq) and (ar), 20.435 (6) (a) and (7) (da) and 20.445 (3) (a) and (dz) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.
13.101(6)(b) (b) No reduction in any such appropriation may be made under authority of this section until an opportunity to be heard is given, in writing or through publication in the official state paper, to the state agency to which such appropriation is made. Notice of any reduction in appropriations shall be communicated to the state agency affected, and to the department of administration. Thereafter, the secretary of administration shall not release and shall not draw a warrant in payment of any amount exceeding the reduced appropriations.
13.101(7) (7) Whenever in the statutes an appropriation or a portion of an appropriation is available only upon release by the committee, such moneys shall be made available by the committee at such times and in such amounts as the committee may determine to be necessary to adequately provide for the purposes for which they are appropriated, with due regard for the whole amount available for such purposes. If the provision relating to release by the committee is invalid, the appropriation or portion of the appropriation which is subject to such release shall not be invalidated but shall be considered to be made without any condition as to time or manner of release.
13.101(8) (8) No part of any appropriation which is made conditional upon approval by the committee shall be effective and available until approval in writing signed by the governor and at least one of the chairpersons of the committee has been filed with the department of administration.
13.101(9) (9) Releases made by the committee shall be effective only for the fiscal year for which made.
13.101(10) (10) The committee may approve expenditure of moneys received by this state as a part of a block grant under s. 16.54 (2) (a) 2., and may approve a transfer of moneys allocated by the federal government to this state as a part of a block grant for use as a part of another such grant made for different purposes. In this subsection, "block grant" has the meaning given under s. 16.54 (2) (a).
13.101(11) (11) The committee may approve a clean water fund program interest rate change as specified under s. 281.58 (12) (f) or a safe drinking water loan program interest rate change as specified under s. 281.61 (11) (b).
13.101(13) (13) Upon the crediting of proceeds from the sale or lease of a state building or structure or state land to the appropriation account under s. 20.865 (4) (a), the amounts in the schedule for that appropriation are increased by the amount credited for the fiscal biennium in which the crediting occurs.
13.101(13)(b) (b) If the building, structure or land was used by a single agency, as defined in s. 13.48 (14) (a), the committee may, upon request of that agency, transfer not more than 50% of the moneys so credited to any appropriation account of that agency, other than a sum sufficient appropriation account, without finding that an emergency exists under sub. (3) (a) 1. Upon such transfer, the amounts in the schedule for any sum certain appropriation to the agency from the account to which a transfer is made are increased by the amount transferred during the fiscal year or biennium for which the appropriation is made.
13.101(13)(c) (c) The committee may, upon request of the building commission, transfer an amount not greater than the amount of the moneys so credited to the building trust fund without finding that an emergency exists under sub. (3) (a) 1.
13.101(14) (14) With the concurrence of the joint committee on information policy, direct the department of administration to report to the committee concerning any specific information technology system project in accordance with s. 13.58 (5) (b) 4.
13.105 13.105 Marquette university dental school reports to governor and joint committee on finance. The Marquette university school of dentistry shall biennially report to the governor and the joint committee on finance on the:
13.105(1) (1) Number of faculty and nonfaculty positions at the dental school.
13.105(2) (2) Average faculty salaries compared to national averages.
13.105(3) (3) Costs per dental student.
13.105(4) (4) Student-faculty ratios of the dental school.
13.105(5) (5) Placement of graduates of the dental program and their rate of retention in this state.
13.105(6) (6) Minority student recruitment policies and programs.
13.105(7) (7) Programs and purposes for which funds appropriated by this state are spent.
13.105 History History: 1973 c. 333.
13.106 13.106 Medical college of Wisconsin and UW-Madison medical school reports.
13.106(1) (1) The medical college of Wisconsin and the university of Wisconsin-Madison medical school shall biennially report to the governor and the joint committee on finance on the:
13.106(1)(a) (a) Minority student recruitment policies and programs of each medical school, and the number of minority students enrolled.
13.106(1)(b) (b) Number and percentages of Wisconsin residents enrolled.
13.106(1)(c) (c) Average faculty salaries compared to national averages.
13.106(1)(d) (d) Development of cooperative educational programs with other institutions throughout this state.
13.106(1)(e) (e) Placement of graduates of doctor of medicine and residency training programs.
13.106(2) (2) The medical college of Wisconsin and the university of Wisconsin-Madison medical school shall submit a biennial report containing financial summaries for the college and school to the governor and the joint committee on finance, in a consistent format and methodology to be developed in consultation with the medical education review committee under s. 39.16.
13.106(3) (3) By October 15 of each even-numbered year, the medical college of Wisconsin and the university of Wisconsin-Madison medical school shall submit a report to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) that provides information on all of the following:
13.106(3)(a) (a) The financial status of the family practice residency sites.
13.106(3)(b) (b) The number of family practice residents choosing to practice in medically underserved areas of the state upon graduation.
13.106(3)(c) (c) The number of graduates entering family practice as a career.
13.11 13.11 Records of joint committee on finance. The joint committee on finance shall keep a complete record of all legislation referred to it, and of its proceedings thereon. At the close of the session, such record shall be transmitted to the chief clerks and deposited by them with the secretary of state. The secretary of state, upon request therefor, shall deliver any such records of previous sessions to the joint committee on finance. Records so delivered shall be returned to the secretary of state by the cochairpersons of the committee at or before the close of the session.
13.11 History History: 1993 a. 184.
13.111 13.111 Joint committee on employment relations.
13.111(1)(1)Creation. There is created a permanent joint legislative committee known as the joint committee on employment relations with such powers and authority as are provided by law and composed of the following 8 members:
13.111(1)(a) (a) Senate cochairperson, joint committee on finance.
13.111(1)(b) (b) Assembly cochairperson, joint committee on finance.
13.111(1)(c) (c) Assembly majority leader.
13.111(1)(d) (d) Assembly minority leader.
13.111(1)(e) (e) Senate majority leader.
13.111(1)(f) (f) Senate minority leader.
13.111(1)(g) (g) Speaker of the assembly.
13.111(1)(h) (h) President of the senate.
13.111(2) (2)Duties. The joint committee on employment relations shall perform the functions assigned to it under subch. V of ch. 111, subch. II of ch. 230 and ss. 16.53 (1) (d) 1., 20.916, 20.917, 20.923 and 40.05 (1) (b).
13.121 13.121 Legislators' salaries and benefits.
13.121(1) (1)Current member. From the appropriation under s. 20.765 (1) (a) or (b), each member of the legislature shall be paid, in equal instalments, the salary provided under s. 20.923.
13.121(2) (2)Deceased Member. The salary of any member who dies during a term of office shall be paid for each pay period to a beneficiary named by the member in writing and filed with the chief clerk of the house in which the member serves, until a personal representative has been appointed and qualified, and then to such personal representative until a successor has been elected and qualified. When any person elected a member dies before commencement of the term of office to which the person is elected, the person shall be deemed a member dying during such term of office and the person's salary shall be paid for each pay period to the person's estate or personal representative until a successor is elected and qualified.
13.121(3) (3)Speaker. For services as speaker, the speaker of the assembly shall receive $25 per month, payable monthly, in addition to the speaker's compensation, expenses and mileage as a member.
13.121(4) (4)Insurance. For the purpose of premium determinations under s. 40.05 (4) and (5) each member of the legislature shall accrue sick leave at a rate equivalent to a percentage of time worked recommended for such positions by the secretary of employment relations and approved by the joint committee on employment relations in the same manner as compensation for such positions is determined under s. 20.923. This percentage of time worked shall be applied to the sick leave accrual rate established under s. 230.35 (2). The approved percentage shall be incorporated into the compensation plan under s. 230.12 (1).
13.121 History History: 1973 c. 51, 243; 1977 c. 196 s. 131; 1981 c. 96 s. 67; 1983 a. 27 ss. 8, 9, 2202 (33); 1991 a. 316.
13.123 13.123 Legislators' expenses.
13.123(1) (1)In-session expenses.
13.123(1)(a)1.1. Any member of the legislature who has signified, by affidavit filed with the department of administration, the necessity of establishing a temporary residence at the state capital for the period of any regular or special legislative session shall be entitled to an allowance for expenses incurred for food and lodging for each day that he or she is in Madison on legislative business, but not including any Saturday or Sunday unless the legislator is in actual attendance on such day at a session of the legislature or a meeting of a standing committee of which the legislator is a member. The amount of the allowance shall be established under s. 20.916 (8). Each legislator shall file an affidavit with the chief clerk of his or her house certifying the specific dollar amount within the authorized allowance the member wishes to receive. Such affidavit, when filed, shall remain in effect for the biennial session, except that a new affidavit may be filed for any month following an adjustment in the amount of the authorized allowance under s. 20.916 (8).
13.123(1)(a)2. 2. Any legislator may, if the legislator chooses not to establish a temporary residence at the state capital, claim one-half of the allowance under subd. 1. for each of the days authorized thereunder.
13.123(1)(b) (b) No allowance shall be paid under this subsection for any day during a recess of the legislature for 30 days or more unless so provided by joint resolution adopted by both houses of the legislature.
13.123(1)(c) (c) Each member shall certify to the chief clerk of the house in which the member serves, as promptly as may be following the 1st of each month, the number of days during the previous calendar month on which the member was in Madison on legislative business and for which the member seeks the allowance provided by this subsection. Such allowances shall be paid from the appropriation under s. 20.765 (1) (a) or (b) within one week after each calendar month; and shall be paid, upon the filing with the department of administration, the chief clerk's affidavit stating the number of days in Madison on legislative business for all members of the chief clerk's house.
13.123(2) (2)Interim expenses. From the appropriation under s. 20.765 (1) (a) or (b), each member of the legislature shall be entitled to an expense allowance for postage and clerical assistance for each full calendar month during which the legislature is in actual session 3 days or less. No allowance is payable to a representative to the assembly unless the speaker of the assembly files with the chief clerk of the assembly a written authorization for the allowance to be paid. No allowance is payable to a senator unless the majority leader of the senate files with the chief clerk of the senate a written authorization for the allowance to be paid. An authorization filed under this subsection becomes effective for the month in which it is filed and continues in effect through the month in which the speaker of the assembly or the majority leader of the senate files a written revocation of the authorization with the chief clerk of the appropriate house. The rate of such allowance shall be as follows:
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