16.004(8)(e)4.
4. If no appraisal of a state-owned housing rental unit is made during the 24-month period ending on July 1 of any even-numbered year, the current rental rate for the unit shall be subject to a biennial cost-of-living adjustment. To determine the adjustment, the secretary shall calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of the preceding year and the consumer price index for the base period, calendar year 1991. The secretary shall increase the rental rate by that percentage, rounded to the nearest whole dollar, which amount shall take effect on August 15.
16.004(8)(e)5.
5. The secretary shall charge the cost of the appraisal of each state-owned housing rental unit to the appropriation specified in s.
16.40 (19) or, if there is no such appropriation, to the appropriation or appropriations which fund the program in connection with which the housing is utilized.
16.004(9)
(9) Agreements to maintain an accounting for operating notes. The secretary may enter into agreements to maintain an accounting of, forecast and administer those moneys that are in the process of collection by the state and that are pledged for the repayment of operating notes issued under subch.
III of ch. 18, in accordance with resolutions of the building commission authorizing the issuance of the operating notes.
16.004(10)
(10) Recycling proposal. The secretary shall develop a proposal for funding recycling in this state. That proposal shall distribute the burden of funding so that the portion paid by business, industry and citizens reflects their contribution to the waste stream. The secretary shall submit its proposal to the joint committee on finance on or before January 31, 1991.
16.004(11)
(11) Risk management program supplementation. Prior to transferring moneys from the appropriation under s.
20.505 (2) (a) to the appropriation under s.
20.505 (2) (k), the secretary shall notify in writing the cochairpersons of the joint committee on finance of his or her proposed action.
16.004(12)
(12) Rules on surveillance of state employees. 16.004(12)(a)(a) In this subsection, “state agency" means an association, authority, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor, and the courts, but excluding the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.
16.004(12)(b)
(b) The department shall promulgate rules that apply to all state agencies governing surveillance by a state agency of the state agency's employees.
16.004(15)(a)
(a) In this subsection, “state agency" means any office, department, or independent agency in the executive branch of state government.
16.004(15)(b)1.1. At its own discretion, the department may provide legal services to any state agency that has a secretary who serves at the pleasure of the governor and shall assess the state agency for legal services provided by the division of legal services.
16.004(15)(b)2.
2. At the request of any state agency that does not have a secretary who serves at the pleasure of the governor, the department may provide legal services to the state agency and shall assess the state agency for legal services provided by the division of legal services.
16.004(15)(b)3.
3. The department shall credit all moneys received from state agencies under this paragraph to the appropriation account under s.
20.505 (1) (kr).
16.004(15)(bm)
(bm) In the report submitted under s.
16.705 (8), the department shall document the division's success in reducing the state's use of contracted employees.
16.004(17)
(17) Business intelligence and data warehousing system. The department may implement an enterprise-wide reporting, data warehousing, and data analysis system applicable to every agency, as defined in s.
16.70 (1e), other than the legislative and judicial branches of state government.
16.004(18)
(18) Intergovernmental affairs offices. The secretary may maintain intergovernmental affairs offices to conduct public outreach and promote coordination between agencies, as defined in s.
16.70 (1e), and authorities, as defined in s.
16.70 (2).
16.004(20)(a)
(a) In this subsection, “shared services agency” means any of the following:
16.004(20)(a)1.
1. A department created in subch.
II of ch. 15 except the department of employee trust funds, the department of justice, the department of public instruction, and the department of military affairs.
16.004(20)(a)2.
2. An independent agency created under subch.
III of ch. 15 except the investment board, the public defender board, the Board of Regents of the University of Wisconsin System, and the technical college system board.
16.004(20)(b)
(b) Subject to par.
(c), the division of personnel management in the department shall administer for each shared service agency its responsibilities to provide human resources services and payroll and benefit services. Subject to par.
(c), the department may charge shared services agencies for services provided under this paragraph.
16.004(20)(c)1.1. The department shall prepare an annual report that includes the following:
16.004(20)(c)1.a.
a. Information identifying the assessments that the department intends to charge each shared services agency under par.
(b) in the upcoming fiscal year.
16.004(20)(c)1.b.
b. The number of positions that the department is using to administer human resources services and payroll and benefits services under par.
(b).
16.004(20)(c)1.c.
c. The number of vacant and filled positions that the department no longer needs to administer human resources services and payroll and benefits services under par.
(b).
16.004(20)(c)1.d.
d. The cost savings to the state due to the administration of human resources services and payroll and benefits services by the department.
16.004(20)(c)1.e.
e. Metrics evaluating the effectiveness of human resources services and payroll and benefits services provided to shared services agencies by the department in the previous fiscal year, as well as a comparison of the metrics for the previous fiscal year to similar metrics in previous reports.
16.004(20)(c)2.
2. On April 15 of each year, the department shall submit the report under subd.
1. to the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the report within 14 working days after the date of the submission, the department may provide the human resources services and payroll and benefits services as proposed in the report and may charge the assessments as proposed in the report. If within 14 working days after the date of the notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the report, the department may provide the human resources services and payroll and benefits services proposed in the report and charge the assessments proposed in the report only upon approval of the committee.
16.004(21)
(21) Payment to local exposition district. 16.004(21)(a)(a) Annually, as grants, the secretary shall remit the amounts appropriated under s.
20.855 (4) (cr) and
(dr) to a local exposition district created under subch.
II of ch. 229 to assist in the development and construction of sports and entertainment arena facilities, as defined in s.
229.41 (11g). The secretary may not remit moneys under this subsection until the secretary has determined that the sponsoring municipality has provided at least $47,000,000 for the development and construction of sports and entertainment arena facilities and the local exposition district has issued debt to fund the development and construction of sports and entertainment arena facilities. The secretary may not remit from the appropriation account under s.
20.855 (4) (dr) to a local exposition district more than a cumulative total of $80,000,000.
16.004(21)(b)
(b) The legislature finds and determines that sports and entertainment arena facilities, as defined in s.
229.41 (11g), encourage economic development and tourism in this state, reduce unemployment in this state, preserve business activities within this state, and bring needed capital into this state for the benefit and welfare of people throughout the state. It is therefore in the public interest and will serve a public purpose, and it is the public policy of this state, to assist a local exposition district in the development and construction of sports and entertainment arena facilities under subch.
II of ch. 229.
Effective date note
NOTE: Sub. (21) is repealed eff. 6-30-36 by
2015 Wis. Act 60.
16.004(24)
(24) School district employee health care. Annually, the secretary shall report to the joint committee on finance and to the appropriate standing committees of the legislature under s.
13.172 (3) the information it receives from school districts under s.
120.12 (24) (b).
16.004 History
History: 1971 c. 270;
1973 c. 333;
1975 c. 39 s.
732 (1);
1975 c. 224;
1977 c. 196 ss.
21,
130 (3);
1977 c. 272;
1979 c. 34,
221,
357;
1981 c. 20 ss.
3v,
55d,
55m;
1983 a. 27 ss.
58,
2202 (49) (a);
1983 a. 524;
1985 a. 29;
1985 a. 332 s.
251 (3);
1987 a. 27;
1989 a. 335;
1991 a. 39,
316;
1993 a. 496;
1995 a. 27;
1999 a. 9;
2001 a. 16;
2003 a. 33 ss.
140 to
141f,
9160;
2005 a. 25,
74,
335;
2007 a. 20,
97;
2009 a. 28;
2011 a. 7,
10;
2013 a. 20;
2015 a. 55,
60;
2017 a. 59.
16.004 Cross-reference
Cross-reference: See also
Adm, Wis. adm. code.
16.005
16.005
Bradley Center Sports and Entertainment Corporation. This chapter does not apply to the Bradley Center Sports and Entertainment Corporation except where expressly otherwise provided.
16.005 History
History: 1985 a. 26;
1991 a. 39.
16.006
16.006
Treatment of classified employees. Those individuals holding positions in the classified service in the department who are engaged in legislative text processing functions and who achieved permanent status in class on August 9, 1989, shall retain, while serving in the unclassified service in the legislature or any legislative branch agency, those protections afforded employees in the classified service under ss.
230.34 (1) (a) and
230.44 (1) (c) relating to demotion, suspension, discharge, layoff, or reduction in base pay except that the applicability of any reduction in base pay of such an employee shall be determined on the basis of the base pay received by the employee on August 9, 1989, plus the total amount of any subsequent general economic increases provided in the compensation plan under s.
230.12 for nonrepresented employees in the classified service. Such employees shall also have reinstatement privileges to the classified service as provided under s.
230.33 (1). Employees of the department holding positions in the classified service on August 9, 1989, who are engaged in legislative text processing functions and who have not achieved permanent status in class in any position in the department on that date are eligible to receive the protections and privileges preserved under this section if they successfully complete service equivalent to the probationary period required in the classified service for the positions which they hold.
16.006 History
History: 1989 a. 31;
1997 a. 27;
2001 a. 16 s.
373; Stats. 2001 s. 16.006.
16.007(1)(1)
Purpose. The claims board shall receive, investigate and make recommendations on all claims of $10 or more presented against the state which are referred to the board by the department. No claim or bill relating to such a claim shall be considered by the legislature until a recommendation thereon has been made by the claims board.
16.007(2)
(2) Rules. Except as provided in s.
901.05, the board shall not be bound by common law or statutory rules of evidence, but shall admit all testimony having reasonable probative value, excluding that which is immaterial, irrelevant or unduly repetitious. The board may take official notice of any generally recognized fact or established technical or scientific fact, but parties shall be notified either before or during hearing or by full reference in preliminary reports, or otherwise, of the facts so noticed, and the parties shall be afforded an opportunity to contest the validity of the official notice.
16.007(3)
(3) Procedure. When a claim has been referred to the claims board, the board may upon its own motion and shall upon request of the claimant, schedule such claim for hearing, giving the claimant at least 10 days' written notice of the date, time and place thereof. Those claims described under sub.
(6) (b) shall not be heard or decided by the claims board. The board shall keep a record of its proceedings, but such proceedings may be recorded by a permanent recording device without transcription. It may require sworn testimony and may summon and compel attendance of witnesses and the production of documents and records. Any member of the board may sign and issue a subpoena.
16.007(4)
(4) Agencies to cooperate. The several agencies shall cooperate with the board and shall make their personnel and records available upon request when such request is not inconsistent with other statutes.
16.007(5)
(5) Findings. The board shall report its findings and recommendations, on all claims referred to it, to the legislature. Except as provided in sub.
(6), if from its findings of fact the board concludes that any such claim is one on which the state is legally liable, or one which involves the causal negligence of any officer, agent or employee of the state, or one which on equitable principles the state should in good conscience assume and pay, it shall cause a bill to be drafted covering its recommendations and shall report its findings and conclusions and submit the drafted bill to the joint committee on finance at the earliest available time. If the claims board determines to pay or recommends that a claim be paid from a specific appropriation or appropriations, it shall include that determination or recommendation in its conclusions. A copy of its findings and conclusions shall be submitted to the claimant within 20 days after the board makes its determination. Findings and conclusions are not required for claims processed under sub.
(6) (b).
16.007(6)(a)
(a) Except as provided in par.
(b), whenever the claims board by unanimous vote finds that payment to a claimant of not more than the amount specified in s.
799.01 (1) (d) is justified, it may order the amount that it finds justified to be paid on its own motion without submission of the claim in bill form to the legislature. The claim shall be paid on a voucher upon the certification of the chairperson and secretary of the board, and shall be charged as provided in sub.
(6m).
16.007(6)(b)
(b) Whenever the representative of the department designated by the secretary pursuant to s.
15.105 (2) finds that payment of a claim described in this paragraph to a claimant is justified, the representative of the department may order the amount so found to be justified paid without approval of the claims board and without submission of the claim in the form of a bill to the legislature. Such claims shall be paid on vouchers upon the certification of the representative of the department, and shall be charged as provided in sub.
(6m). The representative of the department shall annually report to the board all claims paid under this paragraph. Claims which may be paid directly by the department are:
16.007(6)(b)1.
1. Payment of the amount owed by the state under any check, share draft or other draft issued by it which has been voided for failure to present the check, share draft or other draft for payment within the prescribed period from the date of issuance.
16.007(6)(b)3.
3. Payment of a refund due as the result of an overpayment made by mistake of the applicant in filing articles of incorporation or amendments thereto, or a certificate of authority for a foreign corporation to transact business in this state pursuant to s.
180.0122.
16.007(6m)
(6m) Payment charges. The claims board, for claims authorized to be paid under sub.
(6) (a), or the representative of the department, for claims authorized to be paid under sub.
(6) (b), may specify that a claim shall be paid from a specific appropriation or appropriations. If a claim requires legislative action, the board may recommend that the claim be paid from a specific appropriation or appropriations. If no determination is made as to the appropriation or appropriations from which a claim shall be paid, the claim shall be paid from the appropriation under s.
20.505 (4) (d).
16.007(7)
(7) Exception. This section shall not be construed as relieving any 3rd-party liability or releasing any joint tort-feasor.
16.007(8)
(8) Expenses. The board may pay the actual and necessary expenses of employees of the department of justice or the department of administration authorized by the board to secure material information necessary to the disposition of a claim.
16.007 Annotation
Upon completion of arbitration involving the state, any claim resulting from the award must be submitted to the claims board for processing. State v. P.G. Miron Const. Co. Inc.
181 Wis. 2d 1045,
512 N.W.2d 499 (1994).
16.008
16.008
Payment of special charges for extraordinary police service to state facilities. 16.008(1)(1)
In this section “extraordinary police services" means those police services which are in addition to those being maintained for normal police service functions by a municipality or county and are required because of an assemblage or activity which is or threatens to become a riot, civil disturbance or other similar circumstance, or in which mob violence occurs or is threatened.
16.008(2)
(2) The state shall pay for extraordinary police services provided directly to state facilities, as defined in s.
70.119 (3) (e), in response to a request of a state officer or agency responsible for the operation and preservation of such facilities. The University of Wisconsin Hospitals and Clinics Authority shall pay for extraordinary police services provided to facilities of the authority described in s.
70.11 (38). The Fox River Navigational System Authority shall pay for extraordinary police services provided to the navigational system, as defined in s.
237.01 (5). Municipalities or counties that provide extraordinary police services to state facilities may submit claims to the claims board for actual additional costs related to wage and disability payments, pensions and worker's compensation payments, damage to equipment and clothing, replacement of expendable supplies, medical and transportation expense, and other necessary expenses. The clerk of the municipality or county submitting a claim shall also transmit an itemized statement of charges and a statement that identifies the facility served and the person who requested the services. The board shall obtain a review of the claim and recommendations from the agency responsible for the facility prior to proceeding under s.
16.007 (3),
(5), and
(6).
16.009
16.009
Board on aging and long-term care. 16.009(1)(ac)
(ac) “Access” means the ability to have contact with a person or to obtain, examine, or retrieve information or data pertinent to the activities of the board with respect to a person.
16.009(1)(ag)
(ag) “Board" means the board on aging and long-term care.
16.009(1)(ar)
(ar) “Client" means an individual who requests or is receiving services of the office.
16.009(1)(br)
(br) “Disclosure” means the release, the transfer, the provision of access to, or divulging in any manner of information outside the entity holding the information.
16.009(1)(cg)
(cg) “Enrollee” means an enrollee, as defined in s.
46.2805 (3), an individual receiving services under the Family Care Partnership Program or the program of all-inclusive care for the elderly, or an individual receiving long-term care benefits as a veteran.
16.009(1)(cm)
(cm) “Family Care Partnership Program” means an integrated health and long-term care program operated under an amendment to the state Medical Assistance plan under
42 USC 1396u-2 and a waiver under
42 USC 1396n (c).
16.009(1)(ef)
(ef) “Immediate family member” means a member of a client's household or a relative of a client with whom the client has a close personal or significant financial relationship.
16.009(1)(em)
(em) “Long-term care facility" includes any of the following:
16.009(1)(f)
(f) “Long-term care insurance" means insurance that provides coverage both for an extended stay in a nursing home and home health services for a person with a chronic condition. The insurance may also provide coverage for other services that assist the insured person in living outside a nursing home, including but not limited to adult day care and continuing care retirement communities.
16.009(1)(gm)
(gm) “Office" means the office of the long-term care ombudsman.
16.009(1)(gr)
(gr) “Ombudsman" means the state long-term care ombudsman, as specified in sub.
(4) (a), or any employee or volunteer who is a representative of the office and who is designated by the state long-term care ombudsman to fulfill the duties under this section,
42 USC 3058g, and
45 CFR 1324.
16.009(1)(i)
(i) “Program" means the long-term care ombudsman program.
16.009(1)(j)
(j) “Resident" means a person cared for or treated in a long-term care facility.
16.009(2)(a)
(a) Appoint an executive director within the classified service who shall serve as the state long-term care ombudsman as specified under sub.
(4) (a) and who shall employ staff within the classified service.
