14.38(10m)
(10m) Notification of constitutional amendment. If an amendment to the Wisconsin Constitution is approved that requires the legislature to provide for temporary succession to the powers and duties of public offices for the period of an emergency resulting from a cause other than an enemy action, within 30 days after the government accountability board records the approval under
s. 7.70 (3) (h), notify the legislature that the amendment has been approved.
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;
2003 a. 33;
2005 a. 25;
2009 a. 42,
363;
2013 a. 5.
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 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.
14.45 History
History: 1991 a. 316.
14.46
14.46
Assistant secretary of state. The secretary of state may appoint, in writing, an assistant secretary of state who may perform and execute any of the duties of the secretary of state, except as a member of the board of commissioners of public lands. The assistant secretary shall take and subscribe the oath of office prescribed by
article IV, section 28, of the constitution and shall give bond to the secretary of state in the sum and with the conditions as the secretary of state prescribes, conditioned for the faithful discharge of the duties. The oath shall be filed and preserved in the office of the governor.
14.47
14.47
Cashier in secretary of state's office bonded. The cashier and assistant cashiers in the office of the secretary of state shall give bonds to the secretary of state in such sum and with such conditions as the secretary of state may prescribe, conditioned for the faithful discharge of their duties. Those bonds shall be furnished by a surety company authorized to do business in this state, and the cost of those bonds may not exceed one-fourth of one percent per year on the amount of the bond or obligation by the surety executed and shall be payable from the appropriation to the secretary of state.
OFFICE OF THE STATE TREASURER
14.56
14.56
Office of state treasurer; creation. There is created an office of the state treasurer under the direction and supervision of the state treasurer.
14.58
14.58
Duties of state treasurer. The state treasurer shall:
14.58(1)
(1) Sign checks, share drafts, and other drafts. Sign checks, share drafts, and other drafts on depositories in which moneys may be deposited in one of the following methods:
14.58(1)(b)
(b) By an assistant state treasurer, appointed as provided in
s. 14.62, in the name of the state treasurer;
14.58(1)(c)
(c) In the name of the state treasurer, by any clerk in the treasurer's office designated by the treasurer; or
14.58(1)(d)
(d) By placing on a check, share draft or other draft the facsimile signature of the state treasurer adopted by him or her as a facsimile signature. Any depository shall be fully warranted and protected in making payment on any check, share draft or other draft bearing such facsimile notwithstanding that the facsimile may have been placed on the check, share draft or other draft without the state treasurer's authority.
14.58(4)
(4) Unclaimed property program. Provide services related to the promotion of the unclaimed property program under
ch. 177 in consultation with the secretary of revenue.
14.58(7)
(7) Permit examination of books. Permit at all times inspection and examination of the books, papers and transactions of the treasurer's office by the governor, secretary of state, attorney general, department of administration or state auditor, or by the legislature, any committee thereof or either house thereof.
14.58(11)
(11) Make certified copies. Make a certified copy of any deed, bond, document or paper filed in the treasurer's office, and transcripts from the books and records kept therein, when required by any person so to do; and collect therefor 25 cents per folio, and $1 for such certificate.
14.58(14)
(14) Other duties. Perform all other duties imposed upon the state treasurer by law.
14.58 History
History: 1971 c. 164 s.
90;
1973 c. 333;
1975 c. 180,
189,
198,
421;
1977 c. 107;
1977 c. 196 s.
131;
1979 c. 34,
221;
1981 c. 20;
1983 a. 27;
1983 a. 36 s.
96 (2);
1983 a. 51;
1983 a. 189 s.
329 (21);
1983 a. 368,
408,
524,
538;
1985 a. 29;
1989 a. 31;
1991 a. 39,
189,
299,
316;
1995 a. 201;
2003 a. 33,
139;
2007 a. 1;
2011 a. 32;
2013 a. 20.
14.59
14.59
Training conferences. The state treasurer may conduct conferences for the purpose of training county and municipal clerks and treasurers, and employees of their offices, in their official responsibilities. The treasurer may charge participants in any conference a fee for participation which shall not exceed the proportionate cost of conducting the conference. The treasurer shall credit all revenues from fees assessed under this section to the appropriation account under
s. 20.585 (1) (h).
14.59 History
History: 1995 a. 27.
14.60
14.60
State treasurer's bond. The bond of the state treasurer shall extend to the faithful execution of the duties of the office of state treasurer until a successor is elected and fully qualified. If the treasurer elects to give bond guaranteed by a surety company, the cost thereof and of any additional bond required of and furnished by the treasurer and so guaranteed shall be borne by the state and shall be paid out of the appropriation to the office of the state treasurer; if the annual cost thereof does not exceed 0.25% of the amount of said bond.
14.60 History
History: 1991 a. 316.
14.62
14.62
Assistant state treasurer; oath; bond; powers. The state treasurer may appoint, in writing, an assistant state treasurer to perform any of the duties of the state treasurer, except to serve as a member of the board of commissioners of public lands. The assistant state treasurer shall take and subscribe the oath of office prescribed by
article IV, section 28, of the constitution and shall give bond to the state treasurer in the sum and with the conditions the state treasurer prescribes, conditioned for the faithful discharge of the duties. The oath of the assistant state treasurer and the certificate of appointment shall be filed and preserved in the office of the secretary of state. The state treasurer may require any employee to give bond to the state in the amount and with the conditions the state treasurer prescribes, conditioned for the faithful discharge of their duties. The cost of the bonds shall be charged to the appropriations under
s. 20.585.
14.62 History
History: 1983 a. 192,
538.
INTERSTATE BODIES AND AGREEMENTS
14.76
14.76
Interstate compacts. 14.76(1)(1) This section shall apply to the establishment of agreements not affecting the sovereignty of the United States.
14.76(2)
(2) Any state agency may agree by compact with other states to apply existing standards for residents to nonresidents if the laws or regulations of the states with which such compacts are made are similarly applied to Wisconsin residents. The compact shall be effective when approved by joint resolution adopted by the legislature.
14.76(3)
(3) Any state agency may negotiate compacts with similar agencies in other states relating to the treatment of nonresidents on subjects within its delegated powers but on which no legislation providing standards has been enacted. Such compacts shall be submitted to the legislature and shall be effective when approved as are bills.
14.76(4)
(4) Each compact shall as nearly as possible set forth:
14.76(4)(a)
(a) The statutory authority for the delegated power under which the agency is proceeding.
14.76(4)(b)
(b) The legal effect of the compact as shown by the amendments to statutes and rules in the applicable states required to accomplish the objectives of the compact.
14.76(4)(e)
(e) The standards established by the compact.
14.76(4)(f)
(f) The procedures contemplated by the compact.
14.76 History
History: 1971 c. 62;
1983 a. 308.
14.78
14.78
Great Lakes compact commission. 14.78(1)
(1)
Members; terms. There is created a Great Lakes compact commission consisting of 3 commissioners appointed by the governor. The commissioners shall be persons having knowledge of and interest in problems of the Great Lakes basin. One commissioner, appointed for an indefinite term, shall be a state officer or employee and shall serve as secretary of the Great Lakes compact commission. The other commissioners shall be appointed for terms of 4 years. The commissioners shall receive no salaries but shall be reimbursed for actual and necessary expenses.
14.78(2)
(2) Duties. It is the duty of the Wisconsin Great Lakes compact commission:
14.78(2)(a)
(a) To represent this state on the Great Lakes commission created by the Great Lakes basin compact ratified and enacted by
chapter 275, laws of 1955, and through such representation to perform the functions of the Great Lakes commission in conjunction with the commissioners of other party states. Whenever a vote is required by the terms of the Great Lakes basin compact, each member of the Wisconsin Great Lakes compact commission is authorized to cast the same proportion of the 3 votes to which the state of Wisconsin is entitled under the compact as each of the other members of the Wisconsin Great Lakes compact commission.
14.78(2)(b)
(b) To maintain a continuing investigation of the project of connecting the Great Lakes with the Atlantic ocean by means of the Welland canal and the St. Lawrence River and to urge upon congress the enactment of additional appropriate legislation to enable the full development of such waterway, the commission to work in conjunction with similar commissions in other states and with other interested groups and agencies in the promotion of such project.
14.78(2)(c)
(c) To direct and execute a program of education in such form as the commission may determine, in support of the projects for development of the St. Lawrence seaway and the deepening of the Great Lakes connecting channels, using not to exceed the amount of funds appropriated for that purpose.
14.78(2)(d)
(d) To report biennially in accordance with
s. 15.04 (1) (d), and to make such other reports as are requested by the governor or which it deems appropriate.
14.78(3)
(3) Financing commission. The Great Lakes compact commission may annually contribute to the Great Lakes commission not to exceed the amount appropriated for that purpose.
14.78(4)
(4) State officers to aid commission. It is the policy of the state to carry out the Great Lakes basin compact and to accomplish the purposes thereof, and all officers of the state shall do all things falling within their respective jurisdictions necessary or incidental to carrying out such compact. Officers, agencies and employees of the state government shall, at reasonable times and upon the request of the Great Lakes commission, furnish such commission with information and data within their possession and aid such commission by loan of personnel and other means lying within their respective legal powers.
14.78 History
History: 1975 c. 39,
198;
1977 c. 196 s.
131.
14.78 Annotation
That the Waters Shall be Forever Free: Navigating Wisconsin's Obligations Under the Public Trust Doctrine and the Great Lakes Compact. Johnson-Karp. 94 MLR 414 (2010).
14.81
14.81
Midwest interstate low-level radioactive waste commission. 14.81(1)(1) There is created a midwest low-level radioactive waste commission as specified under
s. 16.11 (3) (a). The member of the commission representing this state shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor. The commission member representing this state shall receive a per diem of $25, unless he or she is a salaried full-time employee of this state, and shall be reimbursed for actual and necessary expenses incurred in the performance of his or her duties on the commission. Per diem payments and expenses of the commissioner shall be paid from the appropriation under
s. 20.505 (1) (g). The commission has the powers and duties granted and imposed under
s. 16.11.
14.81(2)
(2) In discharging his or her responsibilities under
s. 16.11, the commission member representing this state shall:
14.81(2)(a)
(a) Designate an alternate commission member and notify the governor and legislature of this designation within 30 days after being appointed.
14.81(2)(c)
(c) Notify the governor and legislature if:
14.81(2)(c)2.
2. The commission proposes to impose any liability on the state under
s. 16.11.
14.81(2)(c)3.
3. He or she has reason to believe that the state should withdraw from the midwest interstate low-level radioactive waste compact specified in
s. 16.11.
14.81(3)
(3) In negotiating and developing the bylaws, disposal plan and other appropriate documents as a member of the commission, the commission member representing this state shall:
14.81(3)(a)
(a) Promote this state's interest in including insurance requirements and an extended care and long-term liability fund as a part of the disposal plan or other appropriate documents.
14.81(3)(b)
(b) Encourage the pursuit of sound low-level radioactive waste management practices including minimizing the dependence on the shallow burial of this type of waste.
14.81(3)(c)
(c) Promote this state's interest in an equitable distribution and rotation of responsibilities among member states under the compact.
14.81(3)(d)
(d) Encourage, to the fullest extent of his or her influence and authority, actions and procedures which permit and encourage full and meaningful public access and participation in the commission's proceedings including informal meetings and meetings of committees and subcommittees of the commission and full and meaningful public access to commission records and documents.
14.81(3)(e)
(e) Encourage the establishment of a fee system which provides for adequate compensation to local units of government which are affected by the siting of a regional low-level radioactive waste disposal facility.
14.81(3)(f)
(f) Promote the right of this state under
s. 16.11 (5) (b) to have all low-level radioactive wastes generated within its borders, including low-level radioactive wastes generated at the La Crosse boiling water reactor constructed under section 109 of
P.L. 87-315, disposed of at compact facilities, as defined in
s. 16.11 (2) (d), or any noncompact facility made available by an agreement entered into under
s. 16.11 (3) (h) 6.
14.81 History
History: 1983 a. 393;
1995 a. 115.
14.82
14.82
Interstate insurance product regulation commission. There is created an interstate insurance product regulation commission as specified in
s. 601.58 (3). The member of the commission representing this state shall be the commissioner of insurance or his or her designated representative, who must be an official or employee of the office of the commissioner of insurance. The commission member shall serve without compensation but shall be reimbursed from the appropriation under
s. 20.145 (1) (g) for actual and necessary expenses incurred in the performance of his or her duties. The commission has the powers and duties granted and imposed under
s. 601.58.
14.82 History
History: 2007 a. 168.
