16.40 (18) Require agencies to provide copies.
Require each state agency, at 13
the time that the agency submits a request to the department for an increased 14
appropriation to be provided in an executive budget bill which is necessitated by the 15
compensation plan under s. 230.12 or a collective bargaining agreement approved 16
under s. 111.92, to provide a copy of the request to the director of the office 17administrator of the division
of state employment relations personnel management 18in the department
and the joint committee on employment relations.
16.415 (1) of the statutes is amended to read:
Neither the secretary nor any other fiscal officer of this state may 21
draw, sign, or issue, or authorize the drawing, signing, or issuing of any warrant on 22
any disbursing officer of the state to pay any compensation to any person in the 23
classified service of the state unless an estimate, payroll, or account for such 24
compensation, containing the names of every person to be paid, bears the certificate 25
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 2
in accordance with, and that the pay for the person has been established in 3
accordance with, the law, compensation plan, or applicable collective bargaining 4
agreement, and applicable rules of the director of the office administrator of the
of state employment relations personnel management in the department 6
and the administrator of the division director of the bureau
of merit recruitment and 7
selection in the office of state employment relations department
then in effect.
16.415 (3) of the statutes is amended to read:
Any sums paid contrary to this section may be recovered from any 10
appointing authority making such appointments in contravention of law or of the 11
rules promulgated pursuant thereto, or from any appointing authority signing or 12
countersigning or authorizing the signing or countersigning of any warrant for the 13
payment of the same, or from the sureties on the official bond of any such appointing 14
authority, in an action in the circuit court for any county within the state, maintained 15
by the director of the office administrator of the division
of state employment
16relations personnel management in the department
, or by a citizen resident therein, 17
who is assessed for, and liable to pay, or within one year before the commencement 18
of the action has paid, a state, city or county tax within this state. All moneys 19
recovered in any action brought under this section when collected, shall be paid into 20
the state treasury except that if a citizen taxpayer is plaintiff in any such action he 21
or she shall be entitled to receive for personal use the taxable cost of such action and 22
5% of the amount recovered as attorney fees.
16.42 (1m) of the statutes is created to read:
An agency making a request under sub. (1) shall submit 3 proposals 25
(a) A proposal written as if there would be no increase in expenditures of 2
general purpose revenue, program revenue, or segregated revenue from the base 3
levels for the current fiscal year.
(b) A proposal written as if the only increase in expenditures of general purpose 5
revenue, program revenue, or segregated revenue from base levels would be for the 6
cost to continue programs, including standard budget adjustments and increases in 7
costs due to case load or population adjustments, and for the amounts necessary to 8
fund previously enacted program commitments.
(c) The proposal submitted in par. (b) but modified to include increases in 10
expenditures of general purpose revenue, program revenue, or segregated revenue 11
from base levels for programmatic changes.
16.42 (3) of the statutes is amended to read:
The department of safety and professional services
shall include in 14
its agency request under sub. (1) a proposal to eliminate any council, board, or 15
commission that has not held a meeting since the preceding September 15, unless 16
the council, board, or commission is required to exist under federal law.
16.43 of the statutes is amended to read:
The secretary shall compile and submit to the governor or the 19
governor-elect and to each person elected to serve in the legislature during the next 20
biennium, not later than November 20 of each even-numbered year, a compilation 21
giving all of the data required by s. 16.46 to be included in the state budget report, 22
except the recommendations of the governor and the explanation thereof.
The secretary shall not include in the compilation any provision for the 24
development or implementation of an information technology development project 25
for an executive branch agency that is not consistent with the strategic plan of the
agency, as approved under s. 16.976. The secretary may distribute the budget 2
compilation in printed or optical disk format.
16.43 (2) of the statutes is created to read:
When the secretary compiles the requests of agencies for the 5
succeeding biennium, the secretary shall ensure that the data is presented as the 6
following 3 proposals:
(a) A proposal written as if there would be no increase in expenditures of 8
general purpose revenue, program revenue, or segregated revenue from the base 9
levels for the current fiscal year.
(b) A proposal written as if the only increase in expenditures of general purpose 11
revenue, program revenue, or segregated revenue from base levels would be for the 12
cost to continue programs, including standard budget adjustments and increases in 13
costs due to case load or population adjustments, and for the amounts necessary to 14
fund previously enacted program commitments.
(c) The proposal submitted in par. (b) but modified to include increases in 16
expenditures of general purpose revenue, program revenue, or segregated revenue 17
from base levels for programmatic changes.
16.50 (3) (f) of the statutes is amended to read:
(f) At the request of the director of the office administrator of the
of state employment relations personnel management in the department
the secretary of administration may authorize the temporary creation of pool or 22
surplus positions under any source of funds if the director determines that 23
temporary positions are necessary to maintain adequate staffing levels for high 24
turnover classifications, in anticipation of attrition, to fill positions for which 25
recruitment is difficult. Surplus or pool positions authorized by the secretary shall
be reported quarterly to the joint committee on finance in conjunction with the report 2
required under s. 16.54 (8).
16.505 (2m) of the statutes is amended to read:
The board of regents of the University of Wisconsin System or the 5
chancellor of the University of Wisconsin-Madison may create or abolish a full-time 6
equivalent position or portion thereof, other than positions funded from the 7
appropriation under s. 20.285 (1) (a). Beginning on July 1, 2015, all positions
8authorized for the University of Wisconsin shall not be included in any state position
9report. No later than the last day of the month following completion of each calendar
10quarter, Annually, no later than November 1,
the board of regents shall report to the 11
department and the cochairpersons of the joint committee on finance concerning the 12
number of full-time equivalent positions created or abolished by the board under 13
this subsection during the preceding calendar quarter 12-month period
and the 14
source of funding for each such position. The report shall be based on the October
16.518 (3) (b) 2. of the statutes is repealed and recreated to 17
(b) 2. If the amount transferred under par. (a) would cause the 19
general fund balance on June 30 of the fiscal year, as projected under s. 20.005 (1), 20
to be less than 2 percent of the total general purpose revenue appropriations for that 21
fiscal year, plus any amount from general purpose revenue designated as 22
"Compensation Reserves" for that fiscal year in the summary under s. 20.005 (1), the 23
secretary may not make the transfer under par. (a).
16.52 (6) (a) of the statutes is amended to read:
(a) Except as authorized in
16.74 and 16.745
, all purchase 2
orders, contracts, or printing orders for any agency, as defined in s. 16.70 (1e), shall, 3
before any liability is incurred thereon, be submitted to the secretary for his or her 4
approval as to legality of purpose and sufficiency of appropriated and allotted funds 5
therefor. In all such
cases the date of the contract or order governs the fiscal year to 6
which the contract or order is chargeable, unless the secretary determines that the 7
purpose of the contract or order is to prevent lapsing of appropriations or to otherwise 8
circumvent budgetary intent. Upon such approval, the The
secretary, after granting
9any approval required under this paragraph,
shall immediately encumber all 10
contracts or orders, and indicate the fiscal year to which they are chargeable.
16.528 (3) (f) of the statutes is created to read:
(f) A contract under s. 977.08 (3) (f).
16.61 (2) (b) 1. of the statutes is amended to read:
(b) 1. Records and correspondence of any member or officer
of the 16
legislature, any legislative employee under s. 13.20, and any legislative service
17agency under subch. IV of ch. 13
16.61 (14) of the statutes is created to read:
16.61 (14) Certain records of the legislative branch.
No provision of this 20
section that conflicts with a rule or policy of the senate or assembly or joint rule or 21
policy of the legislature shall apply to a public record that is subject to such rule or 22
16.641 (2) (i) of the statutes is created to read:
(i) Before December 31 of each year, beginning in 2015, ensure that 25
the account balance limitation under sub. (3) (bm) is increased for the subsequent
year. The annual increase shall be equal to a percentage that is not less than the most 2
recently published national average tuition and fees percentage increase at private, 3
nonprofit 4-year institutions, as determined by the College Board, or such other 4
nationally reputable entity, and shall be subject to the requirements under 26 USC
that pertain to the prohibition on excess contributions.
16.641 (3) (bm) of the statutes is created to read:
(bm) Beginning on August 1, 2015, no contribution may be made to 8
an account if the contribution would cause the account balance of a beneficiary's 9
account, or the combined balance of all accounts of a beneficiary, to exceed $425,000. 10
This contribution limitation applies to all accounts that are established on and after 11
that date, and to all accounts that are in existence on that date that have not yet 12
reached the balance limit specified in this paragraph, subject to the annual increase 13
described in sub. (2) (i).
16.643 of the statutes is created to read:
1516.643 Support accounts for individuals with disabilities. (1) 16Definitions.
In this section:
(a) "Account owner" means an individual who establishes, and owns, an 18
account under this section and who is one of the following:
1. The beneficiary of the account.
2. If the beneficiary is a minor or otherwise incapable of handling his or her 21
financial affairs, the parent or guardian of the beneficiary.
(b) "Beneficiary" means an eligible individual for whom an account is 23
established under this section.
(c) "Eligible individual" has the meaning given in 26 USC 529A
(d) "Financial institution" means any bank, savings bank, savings and loan 2
association, or credit union that is authorized to do business under state or federal 3
laws relating to financial institutions.
(e) "Qualified expenses" has the meaning given for "qualified disability 5
expenses" under 26 USC 529A
6(2) Duties of the department.
The department shall do all of the following:
(a) Ensure that an account established under this section meets the 8
requirements of a qualified ABLE program under 26 USC 529A
(b) Promulgate rules to implement and administer this section.
10(3) Account owners; beneficiaries; contributions; termination of accounts.
(a) An account owner may do all of the following:
1. Establish an account under this section at a financial institution.
2. Change the beneficiary of an account to a family member, as defined in 26
, of the previous beneficiary, if the new beneficiary is an eligible individual.
3. If the account owner is not the beneficiary, terminate an account upon the 16
death of a beneficiary if the account owner is unable to change the beneficiary under 17
(b) An individual may not be the beneficiary of more than one account 19
established under this section.
(c) 1. The maximum total amount of annual contributions that may be made 21
to an account established under this section for a particular beneficiary is the 22
amount described in 26 USC 529A
(b) (2) (B).
2. The maximum total amount of all annual contributions that may be made 24
to an account established under this section for a particular beneficiary is the same
as the maximum aggregate contribution limit to an account described under s. 2
16.641, as set by the college program savings board.
3. If any person attempts to contribute to an account established under this 4
section and that contribution would exceed one or both of the limits specified in this 5
paragraph, the financial institution to which the contribution is sent shall return to 6
the prospective contributor any amount of the attempted contribution that is 7
necessary to prevent the limits from being exceeded.
4. If more than one person attempts to contribute to an account established 9
under this section and such contributions would exceed the limits specified in this 10
paragraph, and if the attempted contributions arrive at the financial institution on 11
the same day, the financial institution to which the contributions are sent shall 12
return to the prospective contributors any amount of the attempted contributions, 13
on a prorated basis, that is necessary to prevent the limits from being exceeded.
(d) Upon the death of the beneficiary who is the account owner the account shall 15
terminate, and upon the termination of an account as described in par. (a) 3., any 16
amount remaining in the account shall be recoverable by the state under s. 49.849 17
as property of a decedent is recoverable under that statute. Any amount that 18
remains in the account following such recovery under s. 49.849 shall be paid to the 19
account owner's estate. Recovery authorized under this paragraph may relate only 20
to public assistance received by a beneficiary on and after the date on which an 21
account is established under this section.
22(4) Payment of claims.
If a beneficiary incurs costs for qualified expenses, the 23
financial institution shall pay such expenses if sufficient funds to do so are in the 24
1(5) Eligibility for long-term care programs.
A person who is determining 2
eligibility for an individual for a long-term care program under s. 46.27, 46.275, or 3
46.277, the family care benefit under s. 46.286, the family care partnership program, 4
the long-term care program defined in s. 46.2899 (1), or any other demonstration 5
program or program operated under a waiver of federal medicaid law that provides 6
long-term care benefits shall exclude from the determination any income from 7
assets accumulated in an account created under this section for a beneficiary.
16.70 (1e) of the statutes is amended to read:
"Agency" means an office, department, agency, institution of higher
association, society or other body in state government created or 11
authorized to be created by the constitution or any law, which is entitled to expend 12
moneys appropriated by law, including the legislature and the courts, but not 13
including an authority or the University of Wisconsin System
16.705 (1b) (a) of the statutes is amended to read:
(a) The service award board department
under s. 16.25 (4) (b).
16.705 (1r) (d) of the statutes is repealed.
16.705 (1r) (e) of the statutes is repealed.
16.705 (2) (a) of the statutes is amended to read:
(a) The department shall promulgate rules for the procurement of 20
contractual services by the department and its designated agents, including but not 21
limited to rules prescribing approval and monitoring processes for contractual 22
service contracts; except as provided in par. (b), a requirement for agencies, except
23for the University of Wisconsin System,
to conduct a uniform cost-benefit analysis 24
of each proposed contractual service procurement involving an estimated 25
expenditure of more than $50,000 in accordance with standards prescribed in the
rules; and, except as provided in par. (b), a requirement for agencies, except for the
2University of Wisconsin System,
to review periodically, and before any renewal, the 3
continued appropriateness of contracting under each contractual services 4
agreement involving an estimated expenditure of more than $50,000.
16.71 (1) of the statutes is amended to read:
Except as otherwise required under this section and s. 16.78 or as 7
authorized in s. 16.74 or 16.745
, the department shall purchase and may delegate 8
to special designated agents the authority to purchase all necessary materials, 9
supplies, equipment, all other permanent personal property and miscellaneous 10
capital, and contractual services and all other expense of a consumable nature for all 11
agencies. In making any delegation, the department shall require the agent to 12
adhere to all requirements imposed upon the department in making purchases 13
under this subchapter. All materials, services and other things and expense 14
furnished to any agency and interest paid under s. 16.528 shall be charged to the 15
proper appropriation of the agency to which furnished.
16.71 (1m) of the statutes is amended to read:
The department shall not delegate to any executive branch agency, 18
other than the board of regents of the University of Wisconsin System, the authority 19
to enter into any contract for materials, supplies, equipment, or contractual services 20
relating to information technology or telecommunications prior to review and 21
approval of the contract by the department. The department may delegate this 22
authority to the University of Wisconsin-Madison. No Except as provided in s.
executive branch agency, other than the board of regents of the University 24
of Wisconsin System, may enter into any such contract without review and approval 25
of the contract by the department. The University of Wisconsin-Madison may enter
into any such contract without review and approval by the department. Any 2
executive branch agency that enters into a contract, except for a contract entered into
3under s. 16.745,
relating to information technology under this section shall comply 4
with the requirements of s. 16.973 (13). Any delegation to the board of regents of the 5
University of Wisconsin System or to the University of Wisconsin-Madison is subject 6
to the limitations prescribed in s. 36.585.
16.71 (4) of the statutes is repealed.
16.72 (4) (a) of the statutes is amended to read:
(a) Except as provided in ss. 16.71
16.74, and 16.745
or as 11
otherwise provided in this subchapter and the rules promulgated under
16.74 12and 16.745
and this subchapter, all supplies, materials, equipment and contractual 13
services shall be purchased for and furnished to any agency only upon requisition to 14
the department. The department shall prescribe the form, contents, number and 15
disposition of requisitions and shall promulgate rules as to time and manner of 16
submitting such requisitions for processing. No agency or officer may engage any 17
person to perform contractual services without the specific prior approval of the 18
department for each such engagement. Purchases of supplies, materials, equipment 19
or contractual services under s. 16.745 or
by the legislature, the courts,
or legislative 20
service or judicial branch agencies do not require approval under this paragraph.
16.73 (5) of the statutes is repealed and recreated to read:
The department or its agents may enter into an agreement with the 23
University of Wisconsin System under which either of the parties may agree to 24
participate in, administer, or conduct purchasing transactions under a contract for
the purchase of materials, supplies, equipment, permanent personal property, 2
miscellaneous capital, or contractual services.
16.745 of the statutes is created to read:
416.745 Department of employee trust funds and governing boards
All supplies, materials, equipment, and contractual services 6
required by the department of employee trust funds and any of its governing boards 7
shall be purchased by the department of employee trust funds and its governing 8
boards. The department of employee trust funds and its governing boards shall 9
maintain copies of all purchasing requisitions and contracts and shall permit 10
inspection and copying of the requisitions and contracts under subch. II of ch. 19. 11
No such requisition or contract need be filed with the department of administration.
(a) The department of employee trust funds shall file all bills and 13
statements for purchases and engagements it makes under this section with the 14
secretary, who shall audit and authorize payment of all bills and statements.
(b) Any governing board shall file all bills and statements for purchases and 16
engagements it makes under this section with the secretary, who shall audit and 17
authorize payment of all bills and statements.
The department of administration shall, upon request, make 19
recommendations and furnish assistance to the department of employee trust funds 20
and its governing boards regarding purchasing procedure. The department of 21
administration shall, upon request, process requisitions for purchases submitted by 22
the department of employee trust funds or a governing board and shall procure 23
materials, supplies, equipment, and services for the department of employee trust 24
funds or a governing board in accordance with the purchasing procedure prescribed 25
for executive branch agencies under this subchapter.
16.75 (1) (a) 2. of the statutes is amended to read:
(a) 2. If a vendor is not a Wisconsin producer, distributor, supplier or 3
retailer and the department determines that the state, foreign nation or subdivision 4
thereof in which the vendor is domiciled grants a preference to vendors domiciled in 5
that state, nation or subdivision in making governmental purchases, the department 6
and any agency making purchases under s. 16.74 or 16.745
shall give a preference 7
over that vendor to Wisconsin producers, distributors, suppliers and retailers, if any, 8
when awarding the order or contract. The department may enter into agreements 9
with states, foreign nations and subdivisions thereof for the purpose of implementing 10
16.75 (3m) (b) of the statutes is amended to read: