SECTION 186. 139.39 (4) of the statutes is amended to read:
139.39 (4) No suit shall be maintained in any court to restrain or delay the collection or payment of the tax levied in s. 139.31. The aggrieved taxpayer shall pay the tax when due and, if paid under protest, may at any time within 90 days from the date of payment, sue the state to recover the tax paid. If it is finally determined that any part of the tax was wrongfully collected, the department secretary of administration shall issue a warrant on the state treasurer for pay the amount wrongfully collected, and the treasurer shall pay the same out of the general fund. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as may have been made.
SECTION 187. 150.963 (3) (e) of the statutes is amended to read:
150.963 (3) (e) Accept on behalf of the state and deposit with the state treasurer secretary of administration any grant, gift, or contribution made to assist in meeting the cost of carrying out the purposes of this subchapter, and expend those funds for the purposes of this subchapter.
SECTION 188. 165.30 (3) of the statutes is amended to read:
165.30 (3) COLLECTION PROCEEDS. (a) All obligations collected by the department of justice under this section shall be paid to the state treasurer secretary of administration and deposited in the appropriate fund.
(b) From the amount of obligations collected by the department of justice under this section, the treasurer secretary of administration shall credit an amount equal to the reasonable and necessary expenses incurred by the department of justice related to collecting those obligations to the appropriation account under s. 20.455 (1) (gs).
SECTION 189. 165.755 (3) of the statutes is amended to read:
165.755 (3) Except as provided in sub. (4), after the court determines the amount due under sub. (1) (a), the clerk of the court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration under s. 59.25 (3) (f) 2.
SECTION 190. 165.755 (4) of the statutes is amended to read:
165.755 (4) If a municipal court imposes a forfeiture, after determining the amount due under sub. (1) (a) the court shall collect and transmit such amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment to the state treasurer secretary of administration as provided in s. 66.0114 (1) (bm).
SECTION 191. 165.755 (5) of the statutes is amended to read:
165.755 (5) If any deposit of bail is made for a noncriminal offense to which sub. (1) (a) applies, the person making the deposit shall also deposit a sufficient amount to include the assessment prescribed in sub. (1) (a) for forfeited bail. If bail is forfeited, the amount of the assessment under sub. (1) (a) shall be transmitted monthly to the state treasurer secretary of administration under this section. If bail is returned, the assessment shall also be returned.
SECTION 192. 165.755 (6) of the statutes is amended to read:
165.755 (6) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime laboratories and drug law enforcement assessment under sub. (1) (a), the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer secretary of administration.
SECTION 193. 165.755 (7) of the statutes is amended to read:
165.755 (7) All moneys collected from crime laboratories and drug law enforcement assessments under this section shall be deposited by the state treasurer secretary of administration and used as specified in s. 20.455 (2) (kd) and (Lm).
SECTION 194. 167.31 (5) (c) of the statutes is amended to read:
167.31 (5) (c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the weapons assessment under this subsection. If the deposit is forfeited, the amount of the weapons assessment shall be transmitted to the state treasurer secretary of administration under par. (d). If the deposit is returned, the amount of the weapons assessment shall also be returned.
SECTION 195. 167.31 (5) (d) of the statutes is amended to read:
167.31 (5) (d) The clerk of the circuit court shall collect and transmit to the county treasurer the weapons assessment as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit all amounts received under this paragraph in the conservation fund to be appropriated under s. 20.370 (3) (mu).
SECTION 196. 169.46 (1) (c) of the statutes is amended to read:
169.46 (1) (c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the natural resources assessment prescribed in this subsection. If the deposit is forfeited, the amount of the natural resources assessment shall be transmitted to the state treasurer secretary of administration under par. (d). If the deposit is returned, the natural resources assessment shall also be returned.
SECTION 197. 169.46 (1) (d) of the statutes is amended to read:
169.46 (1) (d) The clerk of the court shall collect and transmit to the county treasurer the natural resources assessment and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit the amount of the natural resources assessment in the conservation fund.
SECTION 198. 169.46 (2) (c) of the statutes is amended to read:
169.46 (2) (c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the natural resources restitution payment prescribed in this subsection. If the deposit is forfeited, the amount of the natural resources restitution payment shall be transmitted to the state treasurer secretary of administration under par. (d). If the deposit is returned, the natural resources restitution payment shall also be returned.
SECTION 199. 169.46 (2) (d) of the statutes is amended to read:
169.46 (2) (d) The clerk of the court shall collect and transmit to the county treasurer the natural resources restitution payment and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit the amount of the natural resources restitution payment in the conservation fund.
SECTION 200. 194.51 of the statutes is amended to read:
194.51 Suit to recover protested tax. No suit shall be maintained in any court to restrain or delay the collection or payment of the taxes levied in this chapter. The aggrieved taxpayer shall pay the tax as and when due, and, if paid under protest, may at any time within 90 days from the date of such payment, sue the state in an action at law to recover the tax so paid. If it is finally determined that said tax, or any part thereof, was wrongfully collected for any reason, it shall be the duty of the department secretary of administration to issue a warrant on the state treasurer for pay out of the transportation fund the amount of such tax so adjudged to have been wrongfully collected, and the treasurer shall pay the same out of the transportation fund. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as may have been made within any 90-day period preceding the commencement of such an action. Such suits shall be commenced as provided in s. 775.01.
SECTION 201. 195.60 (3) of the statutes is amended to read:
195.60 (3) If any railroad against which a bill has been rendered under sub. (1) or (2) within 30 days after the rendering of such bill neglects or refuses to pay the same or fails to file objections to the bill with the office division of hearings and appeals, the office department shall transmit to the state treasurer secretary of administration a certified copy of the bill, together with notice of neglect or refusal to pay the bill, and on the same day the office department shall mail to the railroad against which the bill has been rendered a copy of the notice which it has transmitted to the state treasurer secretary of administration. Within 10 days after the receipt of such notice and certified copy of such bill, the state treasurer secretary of administration shall levy the amount stated on such bill to be due, with interest, by distress and sale of any goods and chattels, including stocks, securities, bank accounts, evidences of debt, and accounts receivable belonging to such delinquent railroad. Such levy by distress and sale shall be governed by the provisions of s. 74.10, 1985 stats., except that it shall be made by the state treasurer secretary of administration and that said goods and chattels anywhere within the state may be levied upon.
****NOTE: This is reconciled s. 195.60 (3). This SECTION has been affected by drafts with the following LRB numbers: LRB-0529 and LRB-1187.
SECTION 202. 195.60 (4) (d) of the statutes is amended to read:
195.60 (4) (d) If any bill against which objections have been filed is not paid within 10 days after notice of a finding that such objections have been overruled and disallowed by the office division of hearings and appeals has been mailed to the objector, the office department shall give notice of such delinquency to the state treasurer secretary of administration and to the objector, in the manner provided in sub. (3). The state treasurer secretary of administration shall then proceed to collect the amount of the bill as provided in sub. (3). If an amended bill is not paid within 10 days after a copy thereof is mailed to the objector by registered mail, the office department shall notify the state treasurer secretary of administration and the objector as in the case of delinquency in the payment of an original bill. The state treasurer secretary of administration shall then proceed to collect the amount of the bill as provided in the case of an original bill.
****NOTE: This is reconciled s. 195.60 (4) (d). This SECTION has been affected by drafts with the following LRB numbers: LRB-0529 and LRB-1187.
SECTION 203. 195.60 (5) of the statutes is amended to read:
195.60 (5) No suit or proceeding shall be maintained in any court for the purpose of restraining or in any way delaying the collection or payment of any bill rendered under subs. (1) and (2). Every railroad against which a bill is rendered shall pay the amount thereof, and after such payment may in the manner herein provided, at any time within 2 years from the date the payment was made, sue the state in an action at law to recover the amount paid with legal interest thereon from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful, or invalid in whole or in part. If it is finally determined in such action that any part of the bill for which payment was made was excessive, erroneous, unlawful, or invalid, the state treasurer secretary of administration shall make a refund to the claimant as directed by the court, which shall be charged to the appropriations to the office department.
****NOTE: This is reconciled s. 195.60 (5). This SECTION has been affected by drafts with the following LRB numbers: LRB-0529 and LRB-1187.
SECTION 204. 196.199 (3) (d) of the statutes is amended to read:
196.199 (3) (d) If, at any time during a proceeding under this subsection, the commission determines, after notice and reasonable opportunity to be heard, that a person has made a filing in violation of par. (c), the commission shall order the person to pay to any party to the proceeding the amount of reasonable expenses incurred by that party because of the filing, including reasonable attorney fees, and the commission may directly assess a forfeiture against the person of not less than $25 nor more than $5,000. A person against whom the commission assesses a forfeiture under this paragraph shall pay the forfeiture to the commission within 10 days after receipt of notice of the assessment or, if the person petitions for judicial review under ch. 227, within 10 days after receipt of the final decision after exhaustion of judicial review. The commission shall remit all forfeitures paid under this paragraph to the state treasurer secretary of administration for deposit in the school fund. The attorney general may bring an action in the name of the state to collect any forfeiture assessed by the commission under this paragraph that has not been paid as provided in this paragraph. The only contestable issue in such an action is whether or not the forfeiture has been paid.
SECTION 205. 196.85 (3) of the statutes is amended to read:
196.85 (3) If any public utility, sewerage system, joint local water authority, or power district is billed under sub. (1), (2), or (2e) and fails to pay the bill within 30 days or fails to file objections to the bill with the commission, as provided in this subsection, the commission shall transmit to the state treasurer secretary of administration a certified copy of the bill, together with notice of failure to pay the bill, and on the same day the commission shall mail by registered mail to the public utility, sewerage system, joint local water authority, or power district a copy of the notice that it has transmitted to the state treasurer. Within 10 days after receipt of the notice and certified copy of the bill, the state treasurer secretary of administration shall levy the amount stated on the bill to be due, with interest, by distress and sale of any property, including stocks, securities, bank accounts, evidences of debt, and accounts receivable belonging to the delinquent public utility, sewerage system, joint local water authority, or power district. The levy by distress and sale shall be governed by s. 74.10, 1985 stats., except that it shall be made by the state treasurer secretary of administration and that goods and chattels anywhere within the state may be levied upon.
SECTION 206. 196.85 (4) (d) of the statutes is amended to read:
196.85 (4) (d) If any bill against which objections have been filed is not paid within 10 days after notice of a finding that the objections have been overruled and disallowed by the commission has been mailed to the objector as provided in this subsection, the commission shall give notice of the delinquency to the state treasurer secretary of administration and to the objector, in the manner provided in sub. (3). The state treasurer secretary of administration shall then proceed to collect the amount of the delinquent bill as provided in sub. (3). If an amended bill is not paid within 10 days after a copy of the amended bill is mailed to the objector by registered mail, the commission shall notify the state treasurer secretary of administration and the objector as in the case of delinquency in the payment of an original bill. The state treasurer secretary of administration shall then proceed to collect the amount of the amended bill as provided in the case of an original bill.
SECTION 207. 196.85 (5) of the statutes is amended to read:
196.85 (5) No suit or proceeding may be maintained in any court to restrain or delay the collection or payment of any bill rendered under sub. (1), (2), or (2e). Every public utility, sewerage system, joint local water authority, or power district that is billed shall pay the amount of the bill, and after payment may in the manner provided under this section, at any time within 2 years from the date the payment was made, sue the state to recover the amount paid plus interest from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful, or invalid in whole or in part. If the court finds that any part of the bill for which payment was made was excessive, erroneous, unlawful, or invalid, the state treasurer secretary of administration shall make a refund to the claimant as directed by the court. The refund shall be charged to the appropriations to the commission.
SECTION 208. 215.33 (3) (b) 2. of the statutes is amended to read:
215.33 (3) (b) 2. The accounts of the association are insured by the deposit insurance corporation or any other insurer acceptable to the division, or that adequate and sufficient securities have been deposited with the state treasurer secretary of administration to assure that the association will meet its obligations to the residents of this state.
SECTION 209. 223.02 (1) (intro.) of the statutes is amended to read:
223.02 (1) INDEMNITY FUND DEPOSIT. (intro.) Deposit at least $100,000 with the state treasurer secretary of administration or the state treasurer's secretary's agent in accordance with the following provisions:
SECTION 210. 223.02 (1) (b) of the statutes is amended to read:
223.02 (1) (b) The state treasurer secretary of administration or the state treasurer's secretary's agent shall pay over to the bank trust company the interest, dividends, or other income on deposit or may authorize the bank trust company to collect the interest, dividends, or other income. The state treasurer secretary of administration shall issue a certificate stating that a deposit has been made with the state treasurer secretary of administration or the state treasurer's secretary's agent in the manner provided in this section.
SECTION 211. 223.02 (1) (c) of the statutes is amended to read:
223.02 (1) (c) The state treasurer secretary of administration or the state treasurer's secretary's agent shall hold the deposit as security for the faithful execution of any trust which may be lawfully imposed upon and accepted by the trust company bank. The cash or securities shall remain in the possession of the state treasurer secretary of administration or the state treasurer's secretary's agent until otherwise ordered by a court of competent jurisdiction, unless released pursuant to par. (d).
SECTION 212. 223.02 (1) (d) of the statutes is amended to read:
223.02 (1) (d) The securities and cash deposited by a trust company bank may be released by the state treasurer secretary of administration or the state treasurer's secretary's agent and returned to the bank, if the division certifies to the state treasurer secretary of administration that the bank no longer exercises trust powers and that the division is satisfied that there are no outstanding trust liabilities.
SECTION 213. 223.02 (1) (e) of the statutes is amended to read:
223.02 (1) (e) The state treasurer secretary of administration may designate a banking corporation, having an authorized capital of $1,000,000 or more, to act as an agent to hold the cash or securities in safekeeping. The agent shall furnish to the state treasurer secretary of administration a safekeeping receipt for all cash and securities received by it. The agent shall pay the cash and securities to the state treasurer secretary of administration on demand without conditions.
SECTION 214. 223.20 (3) of the statutes is amended to read:
223.20 (3) SURRENDER OF TRUST POWERS. If a converted trust company bank has been fully discharged of all trusts committed to it, it may, by amendment to its articles of incorporation, duly adopted by its stockholders and approved by the division, surrender its powers to act in a fiduciary capacity. A trust company bank that surrenders its trust powers under this subsection shall eliminate from its corporate name the word "trust;" "trust" and may thereupon withdraw from the state treasurer secretary of administration all securities and cash that it has deposited with the state treasurer secretary of administration pursuant to s. 223.02.
SECTION 215. 224.77 (1m) (c) of the statutes is amended to read:
224.77 (1m) (c) All forfeitures shall be paid to the division of banking within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (b), within 10 days after receipt of the final decision after exhaustion of administrative review. The division of banking shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund.
SECTION 216. 253.06 (4) (c) 2. of the statutes is amended to read:
253.06 (4) (c) 2. If a fine or forfeiture is imposed by a court of record, after a determination by the court of the amount due, the clerk of the court shall collect and transmit such amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2.
SECTION 217. 253.06 (5) (e) of the statutes is amended to read:
253.06 (5) (e) The suspension or termination of authorization of a vendor or eligibility of a participant shall be effective beginning on the 15th day after receipt of the notice of suspension or termination. All forfeitures, recoupments, and enforcement assessments shall be paid to the department within 15 days after receipt of notice of assessment or, if the forfeiture, recoupment, or enforcement assessment is contested under sub. (6), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is adverse to the department or unless the final decision is appealed and the decision is stayed by court order under sub. (7). The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund. The department shall deposit all enforcement assessments in the appropriation under s. 20.435 (1) (gr).
SECTION 218. 254.45 (4) (b) of the statutes is amended to read:
254.45 (4) (b) The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund.
SECTION 219. 254.59 (2) of the statutes is amended to read:
254.59 (2) If a human health hazard is found on private property, the local health officer shall notify the owner and the occupant of the property, by registered mail with return receipt requested, of the presence of the human health hazard and order its abatement or removal within 30 days of receipt of the notice. If the human health hazard is not abated or removed by that date, the local health officer shall immediately enter upon the property and abate or remove the human health hazard or may contract to have the work performed. The human health hazard shall be abated in a manner which is approved by the local health officer. The cost of the abatement or removal may be recovered from the person permitting the violation or may be paid by the municipal treasurer and the account, after being paid by the treasurer, shall be filed with the municipal clerk, who shall enter the amount chargeable to the property in the next tax roll in a column headed "For Abatement of a Nuisance" as a special tax on the lands upon which the human health hazard was abated, and the tax shall be collected as are other taxes. In case of railroads or other lands not taxed in the usual way, the amount chargeable shall be certified by the clerk to the state treasurer secretary of administration who shall add the amount designated in the certificate to the sum due from the company owning, occupying, or controlling the land specified, and the state treasurer secretary of administration shall collect the amount as prescribed in subch. I of ch. 76 and return the amount collected to the town, city, or village from which the certificate was received. Anyone maintaining such a human health hazard may also be fined not more than $300 or imprisoned for not more than 90 days or both. The only defenses an owner may have against the collection of a tax under this subsection are that no human health hazard existed on the owner's property, that no human health hazard was corrected on the owner's property, that the procedure outlined in this subsection was not followed or any applicable defense under s. 74.33.
SECTION 220. 254.59 (5) of the statutes is amended to read:
254.59 (5) The cost of abatement or removal of a human health hazard under this section may be at the expense of the municipality and may be collected from the owner or occupant, or person causing, permitting, or maintaining the human health hazard, or may be charged against the premises and, upon certification of the local health officer, assessed as are other special taxes. In cases of railroads or other lands not taxed in the usual way, the amount chargeable shall be certified by the clerk to the state treasurer secretary of administration who shall add the amount designated in the certificate to the sum due from the company owning, occupying, or controlling the land specified, and the state treasurer secretary of administration shall collect the amount as prescribed in subch. I of ch. 76 and return the amount collected to the town, city, or village from which the certificate was received. Anyone maintaining such a human health hazard may also be fined not more than $300 or imprisoned for not more than 90 days or both. The only defenses an owner may have against the collection of a tax under this subsection are that no human health hazard existed on the owner's property, that no human health hazard was corrected on the owner's property, that the procedure outlined in this subsection was not followed, or any applicable defense under s. 74.33.
SECTION 221. 281.99 (4) of the statutes is amended to read:
281.99 (4) All forfeitures shall be paid to the department within 60 days after receipt of the order or according to a schedule agreed to by the department and the water system owner or operator or, if the forfeiture is contested under sub. (3), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund.
SECTION 222. 299.93 (3) of the statutes is amended to read:
299.93 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the environmental assessment prescribed in this section. If the deposit is forfeited, the amount of the environmental assessment shall be transmitted to the state treasurer secretary of administration under sub. (4). If the deposit is returned, the environmental assessment shall also be returned.
SECTION 223. 299.93 (4) of the statutes is amended to read:
299.93 (4) The clerk of the court shall collect and transmit to the county treasurer the environmental assessment and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit the amount of the assessment in the environmental fund.
SECTION 224. 301.105 (intro.) of the statutes is amended to read:
301.105 Telephone company commissions. (intro.) The department shall collect moneys for commissions from telephone companies for contracts to provide telephone services to inmates. The department shall transmit those moneys to the state treasurer secretary of administration. The state treasurer secretary of administration shall do all of the following:
SECTION 225. 344.185 (2) (e) 2. of the statutes is amended to read:
344.185 (2) (e) 2. All other proceeds of the sale remaining after the payments under subd. 1. shall be retained by the secretary of transportation and applied as security for payment of judgments and assignments as provided under s. 344.20 (2). Any amounts not used to pay judgments or assignments shall be transmitted to the state treasurer secretary of administration for deposit in the school fund.
SECTION 226. 345.08 of the statutes is amended to read:
345.08 Suit to recover protested tax or fee. No suit shall be maintained in any court to restrain or delay the collection or payment of the taxes levied or the fees imposed or enacted in chs. 341 to 349.The aggrieved taxpayer shall pay the tax or fee as and when due and, if paid under protest, may at any time within 90 days from the date of such payment sue the state in an action at law to recover the tax or fee so paid. If it is finally determined that such tax or fee or any part thereof was wrongfully collected for any reason, the department secretary of administration shall issue a warrant on the state treasurer for pay from the transportation fund the amount of such tax or fee so adjudged to have been wrongfully collected and the state treasurer shall pay the same out of the transportation fund. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as were made within the 90-day period preceding the commencement of the action. Such suits shall be commenced as provided in s. 775.01.
SECTION 227. 346.177 (3) of the statutes is amended to read:
346.177 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the railroad crossing improvement assessment under this section. If the deposit is forfeited, the amount of the railroad crossing improvement assessment shall be transmitted to the state treasurer secretary of administration under sub. (4). If the deposit is returned, the amount of the railroad crossing improvement assessment shall also be returned.
SECTION 228. 346.177 (4) of the statutes is amended to read:
346.177 (4) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement assessment as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit all amounts received under this subsection in the transportation fund to be appropriated under s. 20.395 (2) (gj).
SECTION 229. 346.495 (3) of the statutes is amended to read:
346.495 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the railroad crossing improvement assessment under this section. If the deposit is forfeited, the amount of the railroad crossing improvement assessment shall be transmitted to the state treasurer secretary of administration under sub. (4). If the deposit is returned, the amount of the railroad crossing improvement assessment shall also be returned.
