SB44,999,1712
562.02
(1) (g) At least once every 3 months, file a written report on the operation
13of racing in this state with the governor, the attorney general, the
state treasurer 14secretary of administration, the secretary of state, the legislative audit bureau, the
15president of the senate
, and the speaker of the assembly. The report shall include
16information on racetrack operations, race attendance
, and private, state
, and local
17revenues derived from racing in this state.
SB44, s. 2630
18Section
2630. 565.25 (1m) of the statutes is amended to read:
SB44,999,2519
565.25
(1m) Scope of authority. Subject to approval by the secretary of
20revenue, the administrator may determine whether lottery functions shall be
21performed
by department of revenue employees or by one or more persons under
22contract with the department of administration, except
that no contract may provide
23for the entire management of the lottery or for the entire operation of the lottery by
24any private person. The department of administration may contract for
25management consultation services to assist in the management or operation of the
1lottery. The department of administration may not contract for financial auditing 2or security monitoring services, except that, if
for financial auditing services and
3procurement functions relating to the state lottery. If the department of
4administration delegates under s. 16.71 (1) to the department of revenue the
5authority to make a major procurement, the department of revenue may contract
6with the department of administration for warehouse and building protection
7services relating to the state lottery. If the department of administration delegates
8under s. 16.71 (1) to the department of revenue the authority to make a major
9procurement, the department of revenue shall assume the powers and duties of the
10department of administration and the administrator shall assume the powers and
11duties of the secretary of administration under this section and ss. 16.70 to 16.77,
12except under ss. 16.72 (4) (a), 16.76 (1) and 16.77 (1).
SB44, s. 2631
13Section
2631. 565.25 (2) (a) 4. of the statutes is repealed and recreated to read:
SB44,1000,2214
565.25
(2) (a) 4. The administrator shall develop specifications for major
15procurements. If security is a factor in the materials, supplies, equipment, property,
16or services to be purchased in any major procurement, then invitations for bids or
17competitive sealed proposals shall include specifications related to security. The
18administrator shall submit specifications for major procurement to the secretary of
19revenue for review and approval before the department releases the specifications
20in invitations for bids or competitive sealed proposals. The department shall require
21separate bids or separate competitive sealed proposals for management consultation
22services if the services are provided under contract as provided in sub. (1m).
SB44, s. 2632
23Section
2632. 565.37 (3) of the statutes is amended to read:
SB44,1001,324
565.37
(3) Department report. The department shall submit quarterly reports
25on the operation of the lottery to the chief clerk of each house of the legislature, for
1distribution to the legislature under s. 13.172 (2) and to the governor, attorney
2general,
state treasurer secretary of administration, secretary of state
, and state
3auditor.
SB44, s. 2633
4Section
2633. 569.06 of the statutes is renumbered 569.06 (1) and amended
5to read:
SB44,1001,116
569.06
(1) General allocation. Except as provided in sub. (2), Indian gaming
7receipts
received in any fiscal year, up to $24,352,500, shall be credited to the
8appropriation accounts under ss. 20.455 (2) (gc) and 20.505 (8) (h) and (hm) as
9specified under ss. 20.455 (2) (gc) and 20.505 (8) (h) and (hm).
Except as provided
10under sub. (2), Indian gaming receipts received in any fiscal year in excess of the
11amount specified in this subsection shall be paid into the general fund.
SB44, s. 2634
12Section
2634. 569.06 (2) of the statutes is created to read:
SB44,1001,1813
569.06
(2) Limitations on payments to general fund. (a)
Fiscal year 2003-04. 14Not more than $112,000,000 may be paid into the general fund under sub. (1) during
15the 2003-04 fiscal year. Indian gaming receipts in excess of this amount that would
16otherwise be required to be paid into the general fund under sub. (1) shall be credited
17to the appropriation accounts under ss. 20.455 (2) (gc) and 20.505 (8) (h) and (hm)
18as specified under ss. 20.455 (2) (gc) and 20.505 (8) (h) and (hm).
SB44,1001,2419
(b)
Fiscal year 2004-05 and thereafter. Not more than $125,000,000 may be
20paid into the general fund under sub. (1) during the 2004-05 fiscal year and any fiscal
21year thereafter. Indian gaming receipts in excess of this amount that would
22otherwise be required to be paid into the general fund under sub. (1) shall be credited
23to the appropriation accounts under ss. 20.455 (2) (gc) and 20.505 (8) (h) and (hm)
24as specified under ss. 20.455 (2) (gc) and 20.505 (8) (h) and (hm).
SB44, s. 2635
25Section
2635. 601.13 (1) (intro.) of the statutes is amended to read:
SB44,1002,4
1601.13
(1) Receipt of deposits. (intro.) Subject to the approval of the
2commissioner, the
state treasurer secretary of administration shall accept deposits
3or control of acceptable book-entry accounts from insurers and other licensees of the
4office as follows:
SB44, s. 2636
5Section
2636. 601.13 (3) (intro.) of the statutes is amended to read:
SB44,1002,106
601.13
(3) Securities eligible. (intro.) All deposits may consist of any of the
7securities authorized in this subsection. Each security must be approved by the
8commissioner, must be subject to disposition by the
state treasurer secretary of
9administration, and must not be available to any other person except as expressly
10provided by law. The authorized securities are:
SB44, s. 2637
11Section
2637. 601.13 (5) of the statutes is amended to read:
SB44,1002,2212
601.13
(5) Receipt, inspection, and record. The
state treasurer
secretary of
13administration shall deliver to the depositor a receipt for all securities deposited or
14held under the control of the
state treasurer secretary of administration and shall
15permit the depositor to inspect its physically held securities at any reasonable time.
16On application of the depositor the
treasurer secretary of administration shall certify
17when required by any law of the United States or of any other state or foreign country
18or by the order of any court of competent jurisdiction that the deposit was made. The
19treasurer secretary of administration and the commissioner shall each keep a
20permanent record of securities deposited or held under the control of the
state
21treasurer secretary of administration and of any substitutions or withdrawals and
22shall compare records at least annually.
SB44, s. 2638
23Section
2638. 601.13 (6) of the statutes is amended to read:
SB44,1003,3
1601.13
(6) Transfer of securities. No transfer of a deposited security, whether
2voluntary or by operation of law, is valid unless approved in writing by the
3commissioner and countersigned by the
treasurer secretary of administration.
SB44, s. 2639
4Section
2639. 601.13 (8) (intro.) of the statutes is amended to read:
SB44,1003,75
601.13
(8) Interest and substitutions. (intro.) Subject to s.
14.58 (13) 16.401
6(11), a depositor shall, while solvent and complying with the laws of this state, be
7entitled:
SB44, s. 2640
8Section
2640. 601.13 (11) of the statutes is amended to read:
SB44,1003,159
601.13
(11) Advance deposit of fees. With the approval of the commissioner,
10any person required to pay fees or assessments to the state through the
11commissioner may make a deposit with the
treasurer
secretary of administration 12from which the fees or assessments shall be paid on order of the commissioner not
13less than twice each year. Upon request by the depositor, any balance remaining
14shall be returned on the certificate of the commissioner that all fees and assessments
15have been paid to date.
SB44, s. 2641
16Section
2641. 601.17 of the statutes is repealed.
SB44, s. 2642
17Section
2642. 601.34 of the statutes is repealed.
SB44, s. 2643
18Section
2643. 601.45 (3) of the statutes is amended to read:
SB44,1003,2419
601.45
(3) Deposit. The commissioner may require any examinee, before or
20from time to time during an examination, to deposit with the
state treasurer 21secretary of administration such deposits as the commissioner deems necessary to
22pay the costs of the examination. Any deposit and any payment made under subs.
23(1) and (2) shall be credited to the appropriation under s. 20.145 (1) (g) in the
24percentage specified in that paragraph.
SB44, s. 2644
25Section
2644. 601.62 (4) of the statutes is amended to read:
SB44,1004,7
1601.62
(4) Fees in investigations and hearings. The fees for stenographic
2services in investigations, examinations
, and hearings may not exceed the sum
3provided for like services in the circuit court. The fees of officers, witnesses,
4interpreters
, and stenographers on behalf of the commissioner or the state shall be
5paid by the
state treasurer upon the warrant of the department secretary of
6administration, authorized by the certificate of the commissioner, and shall be
7charged to the appropriation under s. 20.145 (1) (g).
SB44, s. 2645
8Section
2645. 604.04 (4) of the statutes is amended to read:
SB44,1004,129
604.04
(4) Payment procedure. Any charges against a fund under sub. (3) shall
10be certified by the commissioner, audited by the department of administration under
11s. 16.53
, and paid by the
treasurer
secretary of administration out of the appropriate
12fund in accordance with procedures of the department of administration.
SB44, s. 2646
13Section
2646. 604.05 of the statutes is amended to read:
SB44,1004,21
14604.05 Investments. Assets of all funds under chs. 605 to 607 shall be
15invested by the state investment board under s. 25.17. Each January 1 the
state
16treasurer secretary of administration shall credit each fund with earnings on the
17invested assets in each fund for the preceding 12 months. If any fund is indebted to
18the general fund of the state
, the fund shall be charged, at the end of each calendar
19year, with interest on the indebtedness at the average rate earned by the state upon
20its deposits in public depositories during the period of indebtedness and that sum
21shall be credited to the general fund.
SB44, s. 2647
22Section
2647. 604.06 (1) of the statutes is amended to read:
SB44,1004,2423
604.06
(1) Custody. The
state treasurer secretary of administration has sole
24custody of all assets of funds under chs. 605 to 607.
SB44, s. 2648
25Section
2648. 604.07 of the statutes is amended to read:
SB44,1005,4
1604.07 Bonds. The commissioner as manager of the funds and the
treasurer 2secretary of administration shall file surety bonds, specifically conditioned on the
3performance of their duties under chs. 605 to 607, in amounts required by, and with
4sureties approved by, the governor.
SB44, s. 2649
5Section
2649. 605.30 of the statutes is amended to read:
SB44,1005,12
6605.30 Inadequacy of fund. If the property fund does not have sufficient
7assets to pay claims that are due, the
department
secretary of administration shall
8issue a warrant as a transfer from the general fund to the property fund
an amount 9sufficient to pay the losses and
the state treasurer shall pay the
warrant losses. The
10property fund shall thereafter repay the general fund
this amount and the
11department secretary of administration shall
issue warrants for such transfer
the
12amount as soon as there are assets in the property fund.
SB44, s. 2650
13Section
2650. 611.76 (4) (e) of the statutes is amended to read:
SB44,1005,2014
611.76
(4) (e) That no policyholder, other than a policyholder of a mutual life
15insurance company, may receive a distribution of shares valued in excess of the
16amount to which he or she is entitled under s. 645.72 (4). Any excess over that
17amount shall be distributed in shares to the state treasury for the benefit of the
18common school fund. After 5 years the shares may be sold by the
treasurer secretary
19of administration at his or her discretion and the proceeds credited to the common
20school fund; and
SB44, s. 2651
21Section
2651. 632.746 (7m) of the statutes is created to read:
SB44,1005,2422
632.746
(7m) (a) In this subsection, "terms of the group health benefit plan"
23does not include any requirements under the group health benefit plan related to
24enrollment periods or waiting periods.
SB44,1006,6
1(b) An insurer offering a group health benefit plan shall permit, as provided in
2par. (c), an employee who is not enrolled but who is eligible for coverage under the
3terms of the group health benefit plan, or a participant's or employee's dependent
4who is not enrolled but who is eligible for coverage under the terms of the group
5health benefit plan, to enroll for coverage under the terms of the plan if all of the
6following apply:
SB44,1006,97
1. The employee or dependent is eligible for benefits under the Medical
8Assistance program under s. 49.472 or for coverage under the Badger Care health
9care program under s. 49.665.
SB44,1006,1510
2. The department of health and family services will purchase coverage under
11the group health benefit plan on behalf of the employee or dependent because the
12department of health and family services has determined that paying the portion of
13the premium for which the employee is responsible will not be more costly than
14providing the medical assistance or the coverage under the Badger Care health care
15program, whichever is applicable.
SB44,1006,1916
(c) An insurer permitting an employee or dependent to enroll under this
17subsection shall provide for an enrollment period of not less than 30 days, beginning
18on the date on which the department of health and family services makes the
19determination under par. (b) 2.
SB44, s. 2652
20Section
2652. 655.26 (2) of the statutes is amended to read:
SB44,1006,2521
655.26
(2) By the 15th day of each month, the board of governors shall report
22the information specified in sub. (1) to the medical examining board for each claim
23paid by the fund
or from the appropriation under s. 20.145 (2) (a) during the previous
24month for damages arising out of the rendering of health care services by a health
25care provider or an employee of a health care provider.
SB44, s. 2653
1Section
2653. 655.27 (3) (am) of the statutes is amended to read:
SB44,1007,112
655.27
(3) (am)
Assessments for peer review council. The fund, a mandatory
3health care liability risk-sharing plan established under s. 619.04
, and a private
4health care liability insurer shall be assessed, as appropriate, fees sufficient to cover
5the costs of the patients compensation fund peer review council, including costs of
6administration, for reviewing claims paid by the fund
,
or from the appropriation
7under s. 20.145 (2) (a), by the plan
, and
by the insurer, respectively, under s. 655.275
8(5). The fees shall be set by the commissioner by rule, after approval by the board
9of governors, and shall be collected by the commissioner for deposit in the fund. The
10costs of the patients compensation fund peer review council shall be funded from the
11appropriation under s. 20.145 (2) (um).
SB44, s. 2654
12Section
2654. 655.27 (4) (a) of the statutes is amended to read:
SB44,1007,1513
655.27
(4) (a) Moneys shall be withdrawn from the fund
, or paid from the
14appropriation under s. 20.145 (2) (a), by the commissioner only upon vouchers
15approved and authorized by the board of governors.
SB44, s. 2655
16Section
2655. 655.27 (5) (e) of the statutes is amended to read:
SB44,1007,2117
655.27
(5) (e) Claims filed against the fund shall be paid in the order received
18within 90 days after filing unless appealed by the fund. If the amounts in the fund
19are not sufficient to pay all of the claims, claims received after the funds are
20exhausted shall be
immediately payable the following year in the order in which they
21were received paid from the appropriation under s. 20.145 (2) (a).
SB44, s. 2656
22Section
2656. 655.275 (5) (a) (intro.) of the statutes is amended to read:
SB44,1008,423
655.275
(5) (a) (intro.) The council shall review, within one year of the date of
24first payment on the claim, each claim that is paid by the fund
, or from the
25appropriation under s. 20.145 (2) (a), by a mandatory health care liability
1risk-sharing plan established under s. 619.04,
by a private health care liability
2insurer
, or
by a self-insurer for damages arising out of the rendering of medical care
3by a health care provider or an employee of the health care provider and shall make
4recommendations to all of the following:
SB44, s. 2657
5Section
2657. Subchapter VIII of chapter 655 [precedes 655.75] of the statutes
6is created to read:
SB44,1008,108
subchapter VIII
9
health care provider availability
10
and cost control fund
SB44,1008,15
11655.75 Health care provider availability and cost control fund. (1) 12There is created a health care provider availability and cost control fund for the
13purposes of ensuring the availability of health care providers in the state and
14controlling the cost of health care services to state taxpayers, workers, and
15employers. The fund may be used for all of the following purposes:
SB44,1008,1616
(a) To assist in the education and training of health care providers.
SB44,1008,2017
(b) To ensure that health care providers who serve recipients under the Medical
18Assistance program or other health care programs established by the state receive
19levels of payment sufficient to retain their participation in the programs and to
20reduce the risk of shifting costs to private sector employers.
SB44,1008,2421
(c) To defray the cost of other health-related programs that the secretary of
22health and family services determines are effective in ensuring the availability of
23health care providers in the state and controlling the cost of health care services to
24state taxpayers, workers, and employers.
SB44,1009,2
1(2) The
health care provider availability and cost control fund shall be
2administered by the commissioner.
SB44,1009,5
3(3) The health care provider availability and cost control fund shall be funded
4with the transfer of moneys from the patients compensation fund under 2003
5Wisconsin Act .... (this act), section 9228 (1
).
SB44, s. 2658
6Section
2658. 704.05 (5) (a) 2. of the statutes is amended to read:
SB44,1009,207
704.05
(5) (a) 2. Give the tenant notice, personally or by ordinary mail
8addressed to the tenant's last-known address, of the landlord's intent to dispose of
9the personal property by sale or other appropriate means if the property is not
10repossessed by the tenant. If the tenant fails to repossess the property within 30 days
11after the date of personal service or the date of the mailing of the notice, the landlord
12may dispose of the property by private or public sale or any other appropriate means.
13The landlord may deduct from the proceeds of sale any costs of sale and any storage
14charges if the landlord has first stored the personalty under subd. 1. If the proceeds
15minus the costs of sale and minus any storage charges are not claimed within 60 days
16after the date of the sale of the personalty, the landlord is not accountable to the
17tenant for any of the proceeds of the sale or the value of the property. The landlord
18shall send the proceeds of the sale minus the costs of the sale and minus any storage
19charges to the department of administration for deposit in the appropriation under
20s.
20.505 (7) 20.143 (2) (h).
SB44, s. 2659
21Section
2659. 704.90 (9) of the statutes is amended to read:
SB44,1009,2422
704.90
(9) Rules. The department of
agriculture, trade and consumer
23protection justice may promulgate rules necessary to carry out the purposes of this
24section.
SB44, s. 2660
25Section
2660. 704.90 (11) (title) of the statutes is amended to read:
SB44,1010,2
1704.90
(11) (title)
Duties of the department of agriculture, trade and
2consumer protection justice.
SB44, s. 2661
3Section
2661. 704.90 (11) (a) of the statutes is amended to read:
SB44,1010,84
704.90
(11) (a) Except as provided in par. (c), the department of
agriculture,
5trade and consumer protection justice shall investigate alleged violations of this
6section and rules promulgated under sub. (9). To facilitate its investigations, the
7department may subpoena persons and records and may enforce compliance with the
8subpoenas as provided in s. 885.12.
SB44, s. 2662
9Section
2662. 707.49 (4) of the statutes is amended to read:
SB44,1010,1810
707.49
(4) Surety bond and other options. Instead of placing deposits in an
11escrow account, a developer may obtain a surety bond issued by a company
12authorized to do business in this state, an irrevocable letter of credit or a similar
13arrangement, in an amount which at all times is not less than the amount of the
14deposits otherwise subject to the escrow requirements of this section. The bond,
15letter of credit or similar arrangement shall be filed with the department of
16agriculture, trade and consumer protection justice and made payable to the
17department of
agriculture, trade and consumer protection justice for the benefit of
18aggrieved parties.
SB44, s. 2663
19Section
2663. 707.57 (2) of the statutes is amended to read:
SB44,1011,320
707.57
(2) Department of agriculture, trade and consumer protection
21justice authority. (a) The department of
agriculture, trade and consumer
22protection justice, or any district attorney upon informing the department of
23agriculture, trade and consumer protection justice, may commence an action in
24circuit court in the name of the state to restrain by temporary or permanent
25injunction any violation of this chapter. Before entry of final judgment, the court may
1make such orders or judgments as may be necessary to restore to any person any
2pecuniary loss suffered because of the acts or practices involved in the action if proof
3of these acts or practices is submitted to the satisfaction of the court.
SB44,1011,64
(b) The department of
agriculture, trade and consumer protection justice may
5conduct hearings, administer oaths, issue subpoenas and take testimony to aid in its
6investigation of violations of this chapter.
SB44, s. 2664
7Section
2664. 707.57 (3) of the statutes is amended to read:
SB44,1011,128
707.57
(3) Penalty. Any person who violates this chapter shall be required to
9forfeit not more than $5,000 for each offense. Forfeitures under this subsection shall
10be enforced by action on behalf of the state by the department of
agriculture, trade
11and consumer protection justice or by the district attorney of the county where the
12violation occurs.
SB44, s. 2665
13Section
2665. 753.061 (5) of the statutes is amended to read:
SB44,1011,2214
753.061
(5) The state shall reimburse the county for the costs of operating one
15of the 2 circuit court branches designated under sub. (2m) that begin to primarily
16handle violent crime cases on September 1, 1991, including the one-time cost of
17courtroom construction. The costs reimbursable under this subsection shall be paid
18by the
state treasurer secretary of administration to the county treasurer pursuant
19to a voucher submitted by the clerk of circuit court to the director of state courts and
20shall be paid from the appropriation under s. 20.625 (1) (as). The amount
21reimbursable under this subsection may not exceed $383,100 in the 1991-92 fiscal
22year and $0 in the 1992-93 fiscal year.
SB44, s. 2666
23Section
2666. 753.07 (2) (a) of the statutes is amended to read:
SB44,1012,624
753.07
(2) (a) The persons shall continue to receive salaries directly payable
25from the state in the same amount as they were receiving on July 31, 1978, and such
1salaries are subject to s. 40.05. The balance of the salaries authorized under ss.
2230.12 and 751.02 for the judges and reporters shall be paid by the
state treasurer 3secretary of administration to the county treasurer pursuant to a voucher submitted
4by the clerk of circuit court to the director of state courts. The county treasurer shall
5pay the amounts directly to the judges and reporters and the amounts paid are
6subject to the retirement system established under
chapter 201, laws of 1937.
SB44, s. 2667
7Section
2667. 753.07 (3) (a) of the statutes is amended to read:
SB44,1012,138
753.07
(3) (a) The salaries authorized under ss. 230.12 and 751.02 for the
9judges and reporters shall be paid by the
state treasurer secretary of administration 10to the county treasurer pursuant to a voucher submitted by the clerk of circuit court
11to the director of state courts. The county treasurer shall pay the amounts directly
12to the judges and reporters and the amounts paid shall be subject to the retirement
13system established under
chapter 201, laws of 1937.
SB44, s. 2668
14Section
2668. 753.07 (4) of the statutes is amended to read: