16.366(2)(b)
(b) The department may, after a hearing under
ch. 227, refuse to issue a permit or suspend or revoke a permit for violation of this section or any regulation or order that the department issues to implement this section.
16.366(2)(c)1.1. Permits issued under this subsection are valid for a 2-year period that begins on July 1 of each even-numbered year and that expires on June 30 of the next even-numbered year. If a person applies for a permit after the beginning of a permit period, the permit is valid until the end of the permit period.
16.366(2)(c)2.
2. The department shall establish by rule the permit fee and renewal fee for a permit issued under this subsection. An additional penalty fee, as established by the department by rule, is required for each permit if the biennial renewal fee is not paid before the permit expires.
16.366(2)(d)
(d) A permit may not be issued under this subsection until all applicable fees have been paid. If the payment is by check or other draft drawn upon an account containing insufficient funds, the permit applicant shall, within 15 days after receipt of notice from the department of the insufficiency, pay by cashier's check or other certified draft, money order or cash the fees from the department, late fees and processing charges that are specified by rules promulgated by the department. If the permit applicant fails to pay all applicable fees, late fees and the processing charges within 15 days after the applicant receives notice of the insufficiency, the permit is void. In an appeal concerning voiding of a permit under this paragraph, the burden is on the permit applicant to show that the entire applicable fees, late fees and processing charges have been paid. During any appeal process concerning a payment dispute, operation of the mobile home park in question is considered to be operation without a permit.
16.366(2)(e)
(e) Section 254.69 (2), as it applies to an agent for the department of health and family services in the administration of
s. 254.47, applies to an agent for the department of administration in the administration of this section.
16.366(2m)(a)(a) The department shall inspect a mobile home park in the following situations:
16.366(2m)(a)1.
1. Upon completion of the construction of a new mobile home park.
16.366(2m)(a)2.
2. Whenever a mobile home park is modified, as defined by the department by rule.
16.366(2m)(a)3.
3. Whenever the department receives a complaint about a mobile home park.
16.366(2m)(b)
(b) The department may, with notice, inspect a mobile home park whenever the department determines an inspection is appropriate.
16.366(3)
(3) The department may promulgate rules and issue orders to administer and enforce this section. A person who violates this section or a regulation or order under this section may be required to forfeit not less than $10 nor more than $250 for each offense. Each day of continued violation constitutes a separate offense.
16.375
16.375
Use of surplus state-owned real property. 16.375(1)(1)
Definitions. In this section "state agency" means an office, commission, department, or independent agency in the executive branch of state government.
16.375(2)
(2) Transfer of real property to the department. 16.375(2)(a)(a) The department shall petition the head of any state agency having jurisdiction over real property that the department determines to be suitable for surplus.
16.375(2)(b)
(b) The head of the state agency having jurisdiction over the real property shall notify the department in writing whether or not the state agency considers the real property to be surplus.
16.375(2)(c)
(c) If the state agency considers the real property to be surplus, if the department determines that the real property is suitable by, the state agency shall transfer the real property, without payment, to the department for purposes of transfer to an applicant under
sub. (3).
16.375(3)
(3) Transfer of real property. The department may transfer real property obtained under
sub. (2) to an applicant pursuant to a written agreement that includes the following:
16.375(3)(d)
(d) The applicant agrees to pay the department an amount to utilize the real property in conformance with the agreement.
16.375(4)
(4) Recording. The department shall record the agreement under
sub. (3) in the office of the register of deeds for the county in which the real property subject to the agreement is located.
16.375 History
History: 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
subs. (2) and
(3), 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.
16.405(3)
(3) If the department proposes to submit a request to the building commission under
sub. (1), the secretary shall notify the joint committee on finance in writing of the proposed action. If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed submission within 14 working days after the date of the secretary's notification, the department may submit the request to the building commission as proposed. If, within 14 working days after the date of the secretary's notification, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed submission, the department may submit the request to the building commission only upon approval of the committee.
16.405 History
History: 1983 a. 3;
1985 a. 29;
1997 a. 27.
