20.145 (1) (g) 2. All moneys received under s. 655.27 (2) from the injured patients and families compensation fund and under s. 604.04 (3) from the local government property insurance fund and the state life insurance fund as payment for organizational support services.
SECTION 4. 20.145 (1) (k) of the statutes is repealed.
SECTION 5. 20.432 (1) (kb) of the statutes is amended to read:
20.432 (1) (kb) Insurance and other information, counseling and assistance. The amounts in the schedule for the purpose of providing information and counseling on medicare supplemental insurance, long-term care insurance, and medical assistance eligibility requirements, training, educational materials, and technical assistance under s. 16.009 (2) (j). The office of the commissioner of insurance shall credit to this appropriation account amounts equal to the amounts in the schedule for the purposes of this paragraph, from the appropriation under s. 20.145 (1) (g) 1. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each fiscal year shall revert to the appropriation account under s. 20.145 (1) (g).
SECTION 6. 601.32 (1) of the statutes is amended to read:
601.32 (1) If the moneys credited to s. 20.145 (1) (g) 1. under other sections of the statutes prove inadequate for the office's supervision of insurance industry program, the commissioner may increase any or all of the fees imposed by s. 601.31, or may in any year levy a special assessment on all domestic insurers, or both, for the general operation of that program.
SECTION 7. 601.45 (3) of the statutes is amended to read:
601.45 (3) DEPOSIT. The commissioner may require any examinee, before or from time to time during an examination, to deposit with the secretary of administration such deposits as the commissioner deems necessary to pay the costs of the examination. Any deposit and any payment made under subs. (1) and (2) shall be credited to the appropriation account under s. 20.145 (1) (g) 1. in the percentage specified in that paragraph subdivision.
SECTION 8. 601.45 (4) of the statutes is amended to read:
601.45 (4) EXEMPTIONS. On the examinee's request or on the commissioner's own motion, the commissioner may pay all or part of the costs of an examination from the appropriation under s. 20.145 (1) (g) 1., whenever the commissioner finds that because of the frequency of examinations or other factors, imposition of the costs would place an unreasonable burden on the examinee. The commissioner shall include in his or her annual report information about any instance in which the commissioner applied this subsection.
SECTION 9. 601.47 (1) of the statutes is amended to read:
601.47 (1) GENERAL. The commissioner may prepare books, pamphlets, and other publications relating to insurance and sell them in the manner and at the prices the commissioner determines. The cost of publication and distribution may be paid from the appropriation under s. 20.145 (1) (g) 1.
SECTION 10. 601.47 (3) of the statutes is amended to read:
601.47 (3) FREE DISTRIBUTION. The commissioner may furnish free copies of the publications prepared under subs. (1) and (2) to public officers and libraries in this state and elsewhere. The cost of free distribution shall be charged to the appropriation under s. 20.145 (1) (g) 1.
SECTION 11. 601.48 (1) of the statutes is amended to read:
601.48 (1) NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS. The commissioner and the office of the commissioner shall maintain close relations with the commissioners of other states and shall participate in the activities and affairs of the National Association of Insurance Commissioners and other organizations so far as it will, in the judgment of the commissioner, enhance the purposes of chs. 600 to 655. The actual and necessary expenses incurred thereby shall be reimbursed out of the appropriation under s. 20.145 (1) (g) 1.
SECTION 12. 601.62 (4) of the statutes is amended to read:
601.62 (4) FEES IN INVESTIGATIONS AND HEARINGS. The fees for stenographic services in investigations, examinations, and hearings may not exceed the sum provided for like services in the circuit court. The fees of officers, witnesses, interpreters, and stenographers on behalf of the commissioner or the state shall be paid by the secretary of administration, authorized by the certificate of the commissioner, and shall be charged to the appropriation under s. 20.145 (1) (g) 1.
SECTION 13. 604.04 (3) of the statutes is amended to read:
604.04 (3) EXPENSES. No full-time state officer or employee may receive additional compensation for services under chs. 604 to 607. Appropriate portions of the salaries of such persons who do work for the funds or supervise them, and other expenses including reasonable charges for state-owned or state-rented office space and the use of state-owned or state-rented office equipment shall be charged against each fund. Each fund shall pay to the commissioner amounts charged for organizational support services, which shall be credited to the appropriation account under s. 20.145 (1) (g) 2. Each fund shall also be charged a sum equivalent to the state premium tax that would be paid by a domestic mutual insurer organized or operating under ch. 611 and doing the same kind of insurance business, except that no such charge shall be made for the insurance of governmental units.
SECTION 14. 645.09 (2) (a) of the statutes is amended to read:
645.09 (2) (a) Causes of delinquency. The commissioner may include in his or her annual report, not later than the 2nd annual report following the initiation of any formal proceedings under this chapter, a detailed analysis of the basic causes and the contributing factors making the initiation of formal proceedings necessary, and may make recommendations for remedial legislation. For this purpose the commissioner may appoint a special assistant qualified in insurance, finance, and accounting to conduct the study and prepare the analysis, and may determine the special assistant's compensation, which shall be paid from the appropriation under s. 20.145 (1) (g) 1.
SECTION 15. 645.09 (2) (b) of the statutes is amended to read:
645.09 (2) (b) Final study. The commissioner may include in his or her annual report, not later than the 2nd annual report following discharge of the receiver, a detailed study of the delinquency proceeding for each insurer subjected to a formal proceeding, with an analysis of the problems faced and their solutions. The commissioner may also suggest alternative solutions, as well as other material of interest, for the purpose of assisting and guiding liquidators or rehabilitators in the future. For this purpose the commissioner may appoint a special assistant qualified to conduct the study and prepare the analysis, and may determine his or her compensation, which shall be paid from the appropriation under s. 20.145 (1) (g) 1.
SECTION 16. 645.46 (4) of the statutes is amended to read:
645.46 (4) Defray all expenses of taking possession of, conserving, conducting, liquidating, disposing of, or otherwise dealing with the business and property of the insurer. If the property of the insurer does not contain sufficient cash or liquid assets to defray the costs incurred, the liquidator may advance the costs so incurred out of the appropriation under s. 20.145 (1) (g) 1. Any amounts so paid shall be deemed expense of administration and shall be repaid for the credit of the office of the commissioner of insurance out of the first available moneys of the insurer.
SECTION 17. 655.27 (2) of the statutes is amended to read:
655.27 (2) FUND ADMINISTRATION AND OPERATION. Management of the fund shall be vested with the board of governors. The commissioner shall either provide staff services necessary for the operation of the fund or, with the approval of the board of governors, contract for all or part of these services. Such a contract is subject to ss. 16.753 and, 16.765, and 16.771, but is otherwise exempt from subch. IV of ch. 16. The commissioner shall adopt rules governing the procedures for creating and implementing these contracts before entering into the contracts. At least annually, the contractor shall report to the commissioner and to the board of governors regarding all expenses incurred and subcontracting arrangements. If the board of governors approves, the contractor may hire legal counsel as needed to provide staff services. The cost of contracting for staff services shall be funded from the appropriation under s. 20.145 (2) (u). The fund shall pay to the commissioner amounts charged for organizational support services, which shall be credited to the appropriation account under s. 20.145 (1) (g) 2.
****NOTE: This is reconciled s. 655.27 (2). This SECTION has been affected by drafts with the following LRB numbers: LRB-0388/2 and LRB-0444/P2.
SECTION 9225. Fiscal changes; Insurance.
(1) REPEAL OF SUPPORT SERVICES APPROPRIATION. The unencumbered balance in the appropriation account under section 20.145 (1) (k), 2005 stats., is transferred to the appropriation account under section 20.145 (1) (g) of the statutes, as affected by this act.
(End)
LRB-0392LRB-0392/1
MGG:kjf:rs
2007 - 2008 LEGISLATURE
DOA:......Griffin, BB0123 - Automated natural resources violations citation form
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
natural resources
Other natural resources
Current law provides a specific procedure for enforcement proceedings for violations of laws that relate to hunting, fishing, operating snowmobiles and all-terrain vehicles, and other conservation and environmental laws administered by the DNR (DNR laws). This procedure applies only to DNR laws that are punishable by payment of a civil forfeiture and not by payment of a fine or by imprisonment. Under the procedure, a proceeding may be started by an officer issuing a written citation or by a district attorney beginning a legal proceeding in court by issuing a complaint and summons. This bill authorizes officers enforcing these laws to use an electronic format for filling out and issuing the citations.
Current statutory law requires that specific information regarding probable cause for issuing the citation or complaint must be stated in the citation or complaint. The Wisconsin Supreme Court has ruled that a statement of probable cause must contain the reason for charging the particular person receiving the citation or complaint and a description of the supporting evidence or witness statement (supporting statements), as well as the name of the person charged, the law violated, and the date and time of the violation (basic statements). See State v. White, 97 Wis. 2d 193 (1980). This bill eliminates this probable cause requirement for citations but not for complaints. By eliminating that probable cause be stated in the citation, the citation no longer must contain the supporting statements. The requirement that a citation contain the basic statements will continue because they are statutorily required under current law.
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. 23.51 (1m) of the statutes is amended to read:
23.51 (1m) "Citation" means a pleading of essential facts and applicable law coupled with a demand for judgment, which notifies complaint and includes a notification to the person cited of a violation of a statute or rule enumerated in s. 23.50 (1) or of a violation of a local ordinance, and requests the person to appear in court. Part of the citation is a complaint.
SECTION 2. 23.54 (1) of the statutes is amended to read:
23.54 (1) A citation may be prepared on a paper form or in an electronic format. The defendant shall receive a copy of the citation. The citation shall contain a complaint, a an area to record the case history and a report of court action on the case.
SECTION 3. 23.54 (2) of the statutes is repealed.
SECTION 4. 23.62 (1) (a) of the statutes is amended to read:
23.62 (1) (a) Issue a citation to the defendant in the form manner specified in s. 23.54, a paper copy or electronic version of which shall be filed with the clerk of courts in the county where the violation was committed or with the office of the municipal judge in the case of an ordinance violation;
SECTION 5. 23.62 (2) (a) of the statutes is amended to read:
23.62 (2) (a) If the defendant is a resident of this state, a law enforcement officer may serve a citation anywhere in the state by following the procedures used for the service of a summons under s. 801.11 (1) (a) or (b) 1. or 1m. or (2) or by mailing a paper copy to the defendant's last-known address.
SECTION 6. 23.62 (2) (b) of the statutes is amended to read:
23.62 (2) (b) If the defendant is not a resident of the state, a law enforcement officer may serve a citation by delivering a paper copy to the defendant personally or by mailing a paper copy to the defendant's last-known address.
SECTION 7. 23.68 of the statutes is amended to read:
23.68 Pleading. The A citation or complaint issued pursuant to s. 23.62 or a complaint issued pursuant to s. 23.65 may serve as the initial pleading and, notwithstanding any other provisions of the statutes, shall be deemed adequate process to give the appropriate court jurisdiction over the person upon the filing of the citation or complaint with such court.
SECTION 8. 345.11 (1m) of the statutes is amended to read:
345.11 (1m) The uniform traffic citation or the citation form under s. 23.54 shall be used for violations of ch. 350 relating to highway use or ordinances in conformity therewith when committed on the highway, but no points may be assessed against the driving record of the operator of a snowmobile. When the uniform traffic citation is used, the report of conviction shall be forwarded to the department. When the citation form under s. 23.54 is used, the procedure in ss. 23.50 to 23.85 applies.
SECTION 9. 345.11 (1r) of the statutes is amended to read:
345.11 (1r) The uniform traffic citation or the citation form under s. 23.54 shall be used for violations of s. 23.33 relating to highway use or ordinances in conformity with that section if the violation is committed on a highway, but no points may be assessed against the driving record of the operator of an all-terrain vehicle. When the uniform traffic citation is used, the report of conviction shall be forwarded to the department. When the citation form under s. 23.54 is used, the procedure in ss. 23.50 to 23.85 applies.
SECTION 10. 800.02 (2) (b) of the statutes is amended to read:
800.02 (2) (b) Except for parking violations, in traffic regulation actions in municipal court, the uniform traffic citation specified in s. 345.11 shall be used in lieu of the citation form specified in par. (a). In actions for violations of local ordinances enacted in accordance with s. 23.33 (11) (am) or 30.77, the citation form specified in s. 23.54 shall be used in lieu of the citation form specified in par. (a).
SECTION 11. 938.237 (1) (intro.) of the statutes is amended to read:
938.237 (1) CITATION FORM CITATIONS. (intro.) The A citation forms under s. 23.54, 66.0113, 778.25, 778.26, or 800.02 may be used to commence an action for a violation of civil laws and ordinances in the court.
(End)
LRB-0393LRB-0393/4
MGG:wlj:jf
2007 - 2008 LEGISLATURE
DOA:......Griffin, BB0117 - Managed forest land public access grant program
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the creation of a managed forest land board, grants for land acquisitions for certain outdoor activities, requiring the exercise of rule-making authority, and making an appropriation.
Analysis by the Legislative Reference Bureau
natural resources
Other natural resources
Under the managed forest land (MFL) program, the owner of land that meets certain requirements as to size and the amount of timber on the land may apply to have DNR designate the land as MFL. The owner of such land then makes an annual payment that is lower than, and in lieu of, the property taxes that normally would be payable on the land. In exchange, the owner must comply with certain forestry practices and may keep a specific area closed to public access; the remainder of the land must be kept open for recreational activities consisting of hunting, fishing, hiking, sightseeing, and cross-country skiing. For land that the owner keeps closed to public access, the owner must pay a supplemental amount that is in addition to the annual payment described above (closed-land payment).
This bill creates a five-member managed forest land board in DNR. Members of the board include: the chief state forester or his or her designee, one member representing the Wisconsin Counties Association, one member representing the Wisconsin Towns Association, one member representing an association that represents counties that have county forests, and one member appointed from a list of nominees submitted to the governor by the Council on Forestry. This board awards grants to cities, villages, towns, counties, DNR, and nonprofit conservation organizations to acquire land for the same outdoor recreational activities as listed above. The closed-land payments made by MFL owners fund the grants.
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. 15.07 (2) (m) of the statutes is created to read:
15.07 (2) (m) The member appointed under s. 15.345 (6) (a) shall serve as chairperson of the managed forest land board.
SECTION 2. 15.345 (6) of the statutes is created to read:
15.345 (6) MANAGED FOREST LAND BOARD. There is created in the department of natural resources a managed forest land board consisting of the chief state forester or his or her designee and the following members appointed for 3-year terms:
(a) One member appointed from a list of 5 nominees submitted by the Wisconsin Counties Association.
(b) One member appointed from a list of 5 nominees submitted by the Wisconsin Towns Association.
(c) One member appointed from a list of 5 nominees submitted by an association that represents the interests of counties that have county forests within their boundaries.
(d) One member appointed from a list of 5 nominees submitted by the council on forestry.
SECTION 3. 20.370 (5) (bz) of the statutes is created to read:
20.370 (5) (bz) Resource aids -- forestry outdoor activity grants. As a continuing appropriation, the amounts in the schedule for grants awarded by the managed forest land board under s. 77.895.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 4. 77.89 (2) (b) of the statutes is amended to read:
77.89 (2) (b) The municipal treasurer shall pay all amounts received under s. 77.84 (2) (b) and (bm) to the county treasurer, as provided under ss. 74.25 and 74.30. The county treasurer shall, by June 30 of each year, pay all amounts received under this paragraph to the department. All amounts received by the department shall be credited to the conservation fund and shall be reserved for land acquisition and, resource management activities, and grants under s. 77.895.
