Under current law, if DWD levies against the property of an overpaid person, the levy is effective until it is satisfied or released, or until one year from the date the levy was served, whichever occurs first. Also, any third party in possession of property subject to levy, such as a financial institution at which an overpaid person has an account, is entitled to a levy fee of $5 that may be deducted from the proceeds of the levy. The bill eliminates the one-year time limit so that a levy is effective until satisfied or released, and provides that, if a third party retains a levy fee, the third party must increase the amount of the levy by the fee amount before deducting the fee from the proceeds.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 49.195 (3m) (b) of the statutes is amended to read:
49.195 (3m) (b) The clerk of circuit court shall accept, file, and enter the each warrant under par. (a) and each satisfaction, release, or withdrawal under par. (d), (e), (g), or (h) in the judgment and lien docket without prepayment of any fee, but the clerk of circuit court shall submit a statement of the proper fee semiannually to the department covering the periods from January 1 to June 30 and July 1 to December 31 unless a different billing period is agreed to between the clerk of circuit court and the department. The department shall pay the fees, but shall add the fees provided by s. 814.61 (5) for entering the warrants to the amount of the warrant and shall collect the fees from the person named in the warrant when satisfaction or release is presented for entry.
SECTION 2. 49.195 (3m) (h) of the statutes is amended to read:
49.195 (3m) (h) If the department arranges a payment schedule with the debtor and the debtor complies with the payment schedule, the department shall may issue a notice of withdrawal of the warrant to the clerk of circuit court for the county in which the warrant is filed. The If the department issues a notice of withdrawal of the warrant, the clerk shall void the warrant and the resulting liens.
SECTION 3. 49.195 (3n) (p) of the statutes is amended to read:
49.195 (3n) (p) A levy is effective from the date on which the levy is first served on the 3rd party until the liability out of which the levy arose is satisfied, or until the levy is released or until one year from the date of service, whichever occurs first.
SECTION 4. 49.195 (3n) (t) of the statutes is amended to read:
49.195 (3n) (t) Any 3rd party is entitled to a levy fee of $5 for each levy in any case where in which property is secured through the levy. The If the 3rd party retains the fee, the 3rd party shall increase the levy amount by the amount of the fee and deduct the fee from the proceeds of the levy.
SECTION 9354. Initial applicability; workforce development.
(1) DURATION OF LEVY. The treatment of section 49.195 (3n) (p) of the statutes first applies to levies that are served on the effective date of this subsection.
(End)
LRB-0494LRB-0494/2
RCT:kjf:pg
2005 - 2006 LEGISLATURE
DOA:......Walker, BB0179 - Costs related to condemnation of animals
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Agriculture
Under current law, DATCP is generally required to make payments to the owners of livestock, including farm-raised deer, that DATCP orders to be destroyed because of exposure to or infection with disease. A disease indemnity payment for the destruction of a livestock animal generally equals two-thirds of the difference between the appraised value of the animal and any payment that the owner received from selling the slaughtered animal, but not more than $1,500 per animal.
Under this bill, if DATCP orders an animal to be destroyed because it is suspected to have a transmissible spongiform encephalopathy and the owner disposes of the animal as directed by DATCP, the amount of the disease indemnity is increased by the costs of destroying and disposing of the animal. Transmissible spongiform encephalopathies include chronic wasting disease and bovine spongiform encephalopathy (mad cow disease). The bill also authorizes DATCP to expend general purpose revenues to pay an indemnity to a person whose animal is killed in order to conduct surveillance testing for chronic wasting disease, but only if funds received by DATCP from the federal government or another state agency for the payment of indemnities are insufficient to pay the indemnity.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 95.23 (1m) (b) of the statutes is amended to read:
95.23 (1m) (b) The department shall indemnify the owner of an animal that must be killed in order to conduct testing under par. (a), if funds are available from the appropriation under s. 20.115 (2) (m) or (8) (ks) to pay the indemnity, in an amount equal to two-thirds of the difference between the net salvage value and the appraised value of the animal but not more than $1,500 for one animal, except as provided in s. 95.31 (3m). The department may pay an indemnity under this paragraph from the appropriation account under s. 20.115 (2) (b) only if funds received by the department under s. 20.115 (2) (m) and (8) (ks) for the payment of indemnities are insufficient to pay the indemnity.
SECTION 2. 95.31 (3) of the statutes is amended to read:
95.31 (3) In addition to the indemnities for specific animal diseases provided under ss. 95.25, 95.26 and 95.27 or under special emergency programs and subject to s. 95.36, the department shall pay indemnities on livestock condemned and slaughtered or destroyed because of other diseases if the department determines that the condemnation and slaughter or destruction is necessary to protect public health or the livestock industry. The indemnity under this subsection shall be two-thirds of the difference between net salvage value and appraised value, but may not exceed $1,500 for an animal, except as provided in sub (3m). As used in this subsection, "livestock" means animals of species raised primarily to produce food for human consumption, including farm-raised deer.
SECTION 3. 95.31 (3m) of the statutes is created to read:
95.31 (3m) If the department condemns an animal because the animal is suspected to have a transmissible spongiform encephalopathy and the owner disposes of the carcass as directed by the department, the department shall increase the amount of the indemnity calculated under sub. (3) or s. 95.23 (1m) (b) by the costs of the destruction of the animal and of the disposal, transportation, and any necessary storage of the animal's carcass. An indemnity paid because of the condemnation of an animal to which this subsection applies may exceed $1,500.
(End)
LRB-0495LRB-0495/1
RCT:cmh:rs
2005 - 2006 LEGISLATURE
DOA:......Walker, BB0180 - DATCP authority to issue loans with federal funding
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Agriculture
This bill authorizes DATCP to make loans for the development of rural business enterprises or for rural economic development and to charge fees and interest for those loans as required to obtain federal funding to make loans for those purposes.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.115 (3) (h) of the statutes is created to read:
20.115 (3) (h) Loans for rural development. All moneys received as origination fees, repayment of principal, and payment of interest on loans under s. 93.06 (1qm), to be used for loans for the development of rural business enterprises or rural economic development under s. 93.06 (1qm).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 93.06 (1qm) of the statutes is created to read:
93.06 (1qm) LOANS FOR RURAL DEVELOPMENT. Make loans, and charge interest and origination fees and take security for those loans, as required to receive federal funding for the development of rural business enterprises or for rural economic development.
(End)
LRB-0496LRB-0496/1
RCT:jld:rs
2005 - 2006 LEGISLATURE
DOA:......Walker, BB0263 - Increase DATCP soil and water program bonding authority
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Agriculture
Under current law, DATCP administers the Soil and Water Resource Management Program. The program provides grants for land and water resource management projects and for the construction of animal waste management systems. This bill increases the general obligation bonding authority for the Soil and Water Resource Management Program by $7,000,000.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.866 (2) (we) of the statutes is amended to read:
20.866 (2) (we) Agriculture; soil and water. From the capital improvement fund, a sum sufficient for the department of agriculture, trade and consumer protection to provide for soil and water resource management under s. 92.14. The state may contract public debt in an amount not to exceed $20,575,000 $27,575,000 for this purpose.
(End)
LRB-0500LRB-0500/2
MGG:kjf:rs
2005 - 2006 LEGISLATURE
DOA:......Statz, BB0119 - Appropriation regarding environmental inventory and monitoring
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Natural resources
Other natural resources
This bill creates an appropriation to DNR to provide funding from the conservation fund for public health activities relating to surface water quality. This bill also renumbers an appropriation that provides funding for an information system administered by DNR that relates to data on aquatic and terrestrial natural resources.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.370 (3) (mv) of the statutes is renumbered 20.370 (1) (hv).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.370 (3) (mw) of the statutes is created to read:
20.370 (3) (mw) Water resources -- public health. The amounts in the schedule for public health activities relating to surface water quality.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
(End)
LRB-0501LRB-0501/1
MGG:kjf:rs
2005 - 2006 LEGISLATURE
DOA:......Statz, BB0130 - Appropriation for camping reservation fees
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Natural resources
Recreation
Under current law, DNR may enter into a contract with another party (vendor) to operate DNR's campground reservation system. Under the contract, DNR receives $1 of each campground reservation fee received.
Under the bill, such a contract requires that the vendor either remit to DNR $1 out of each fee or remit the entire fee to DNR. If the vendor remits the entire fee, DNR then returns to the vendor all but $1 of the fee. This bill creates a separate appropriation to provide payment to the vendor if the contract requires this second option.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.370 (1) (er) of the statutes is created to read:
20.370 (1) (er) Parks and forests -- campground reservation fees. All moneys not retained by the department under s. 27.01 (11) (cr) 1. for payments to contracting parties under contracts entered into under s. 27.01 (11) (cm).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.