LRB-0671LRB-0671/2
ARG:nwn&bjk:md
2009 - 2010 LEGISLATURE
DOA:......Dombrowski, BB0197 - Securities fees
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Commerce and economic development
Commerce
Securities
Current law generally requires a person who represents a broker-dealer or issuer in securities transactions to be licensed as an agent (securities agent), and generally requires an investment adviser representative to be licensed, before transacting business in this state. Securities agents and investment adviser representatives must pay to DFI initial and renewal license fees of $30. In addition, broker-dealers and investment advisers, including investment advisers registered with the federal Securities and Exchange Commission, that maintain a branch office in this state must pay a filing fee of $30 for each branch office.
This bill increases the initial and renewal license fees for securities agents and investment adviser representatives from $30 to $60. The bill also increases the broker-dealer and investment adviser branch office filing fee from $30 to $60.
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. 551.614 (2) of the statutes is amended to read:
551.614 (2) FEES RELATED TO BROKER-DEALERS, AGENTS, INVESTMENT ADVISERS, INVESTMENT ADVISER REPRESENTATIVES, AND FEDERAL COVERED ADVISERS. Every applicant for an initial or renewal license under s. 551.401, 551.402, 551.403, or 551.404 shall pay a filing fee of $200 in the case of a broker-dealer or investment adviser and $30 $60 in the case of an agent representing a broker-dealer or issuer or an investment adviser representative. Every federal covered adviser in this state that is required to make a notice filing under s. 551.405 shall pay an initial or renewal notice filing fee of $200. A broker-dealer, investment adviser, or federal covered adviser maintaining a branch office within this state shall pay an additional filing fee of $30 $60 for each branch office. When an application is denied, or an application or a notice filing is withdrawn, the filing fee shall be retained.
SECTION 9317. Initial applicability; Financial Institutions.
(1) SECURITIES FEES. The treatment of section 551.614 (2) of the statutes first applies to filings received by the division of securities on the effective date of this subsection.
(End)
LRB-0707LRB-0707/P6
CMH:wlj&nwn:md
2009 - 2010 LEGISLATURE
DOA:......Palchik, BB0188 - Community Mental Health Services 1915 (i) State Plan Option
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and Human Services
Mental illness and developmental disabilities
This bill specifies that DHS may implement through the Medical Assistance program the state plan option under the federal Social Security Act, which provides federal funding for home and community-based services for people with mental illness.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.435 (5) (kx) of the statutes is created to read:
20.435 (5) (kx) Interagency and intra-agency programs. All moneys received from other state agencies and all moneys received by the department from the department for the administration of programs or projects relating to mental health and alcoholism or other drug abuse services, for the purposes for which received, and all moneys transferred under s. 49.45 (30g) (b) for administrative costs incurred for reimbursing and monitoring community recovery services.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
****NOTE: This is reconciled s. 20.435 (5) (kx). This SECTION has been affected by drafts with the following LRB numbers: LRB-0707/P5 and LRB-0247/1.
SECTION 2. 46.40 (9) (d) of the statutes is renumbered 46.40 (9) (d) 1. (intro.) and amended to read:
46.40 (9) (d) 1. (intro.) The From the appropriation account under s. 20.435 (7) (b), the department may decrease a county's allocation under sub. (2) by the any of the following amounts:
a. The amount of any payment adjustments under s. 49.45 (52) made for that county from the appropriation account under s. 20.435 (7) (b).
2. The total amount of the decrease for a county under this paragraph subdivision during any fiscal year may not exceed that part of the county's allocation under sub. (2) that derives from the appropriation account under s. 20.435 (7) (b) for that fiscal year.
SECTION 3. 46.40 (9) (d) 1. b. of the statutes is created to read:
46.40 (9) (d) 1. b. The amount by which the department determines a county failed to comply with the maintenance-of-effort requirement under s. 49.45 (30g) (c) 3.
SECTION 4. 49.45 (30g) of the statutes is created to read:
49.45 (30g) COMMUNITY RECOVERY SERVICES. (a) When services are reimbursable. Community recovery services under s. 49.46 (2) (b) 6. Lo. provided to an individual are reimbursable under the Medical Assistance program only if all of the following conditions are met:
1. An approved amendment to the state medical assistance plan submitted under 42 USC 1396n (i) permits reimbursement for the services under s. 49.46 (2) (b) 6. Lo. in the manner provided under this subsection.
2. The county in which the individual resides elects to provide the community recovery services under s. 49.46 (2) (b) 6. Lo. through the Medical Assistance program.
3. The individual, the community recovery services, and the community recovery services provider meet any condition set forth in the approved amendment to the medical assistance plan submitted under 42 USC 1396n (i).
(b) Limit on the amount of reimbursement. If community recovery services are reimbursable under par. (a), the department shall reimburse each participating county for the portion of the federal share of allowable charges for the community recovery services provided by the county that exceeds that county's proportionate share of $600,000 in fiscal year 2010-2011 and for 95 percent of the federal share of allowable charges for the community recovery services provided by the county in each fiscal year thereafter. The portion of the federal share of allowable charges not reimbursed to counties shall be transferred to the appropriation account under s. 20.435 (5) (kx).
(c) Maintenance of effort. 1. Any funds used to reimburse counties under par. (b) may not be used to supplant funding from any other source.
2. No county providing community recovery services under this subsection may report less funding for other community mental health services under mental health for children and adults on the human service revenue reporting form than the county reported in the year prior to the year in which the county elected to provide community recovery services under s. 49.46 (2) (b) 6. Lo.
3. The department may enforce this subsection using contract remedies under s. 46.031 (2g) or (2r) or by adjusting community aids payments as provided under s. 46.40 (9) (d) 1. b.
SECTION 5. 49.46 (2) (b) 6. Lo. of the statutes is created to read:
49.46 (2) (b) 6. Lo. Subject to the limitations under s. 49.45 (30g), community recovery services.
(End)
LRB-0776LRB-0776/2
RCT:kjf:jf
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0202 - bonding increase for nonpoint programs
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Environment
Water quality
Under current law, DNR administers a program (known as the targeted runoff management program) to provide financial assistance for projects to reduce nonpoint source water pollution (that is, pollution from diffuse sources) in areas that are targeted due to surface water quality problems. This bill increases the authorized general obligation bonding authority for the targeted runoff management program by $7,000,000.
Under current law, DNR also administers programs to provide financial assistance for the management of urban storm water runoff and for flood control and riparian restoration projects. This bill increases the general obligation bonding authority for these programs by $6,000,000.
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) (tf) of the statutes is amended to read:
20.866 (2) (tf) Natural resources; nonpoint source. From the capital improvement fund, a sum sufficient for the department of natural resources to fund nonpoint source water pollution abatement projects under s. 281.65 (4c) and (4e). The state may contract public debt in an amount not to exceed $11,000,000 $18,000,000 for this purpose.
****NOTE: This is reconciled s. 20.866 (2) (tf). This SECTION has been affected by drafts with the following LRB numbers: -0280/2, -0776/1.
SECTION 2. 20.866 (2) (th) of the statutes is amended to read:
20.866 (2) (th) Natural resources; urban nonpoint source cost-sharing. From the capital improvement fund, a sum sufficient for the department of natural resources to provide cost-sharing grants for urban nonpoint source water pollution abatement and storm water management projects under s. 281.66, to provide municipal flood control and riparian restoration cost-sharing grants under s. 281.665, and to make the grant under 2007 Wisconsin Act 20, section 9135 (1i). The state may contract public debt in an amount not to exceed $29,900,000 $35,900,000 for this purpose. Of this amount, $500,000 is allocated in fiscal biennium 2001-03 for dam rehabilitation grants under s. 31.387.
(End)
LRB-0777LRB-0777/2
PG:kjf:rs
2009 - 2010 LEGISLATURE
DOA:......Byrnes, BB0217 - Appeal of a denied relocation benefits claim
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Eminent Domain
Currently, a person displaced by the acquisition of property by an entity that is vested with the power of condemnation is entitled to certain benefits from the condemnor, including relocation assistance, assistance in the acquisition of replacement housing, and moving expenses. The person must file a claim for such benefits within two years of being displaced. If the claim is not allowed within 90 days, the claimant may file an appeal in circuit court. Currently, there is no deadline for filing an appeal.
This bill provides that the claimant must file the appeal within two years.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 32.20 of the statutes is amended to read:
32.20 Procedure for collection of itemized items of compensation. Claims for damages itemized in ss. 32.19 and 32.195 shall be filed with the condemnor carrying on the project through which condemnee's or claimant's claims arise. All such claims must be filed after the damages upon which they are based have fully materialized but not later than 2 years after the condemnor takes physical possession of the entire property acquired or such other event as determined by the department of commerce by rule. If such claim is not allowed within 90 days after the filing thereof, the claimant has a right of action against the condemnor carrying on the project through which the claim arises. Such action shall be commenced in a court of record in the county wherein the damages occurred not later than 2 years after the condemnor disallows the claim not later than 2 years after the expiration of the 90-day period if the condemnor fails to disallow the claim within that period, whichever occurs later. In causes of action, involving any state commission, board or other agency, excluding counties, the sum recovered by the claimant shall be paid out of any funds appropriated to such condemning agency. Any judgment shall be appealable by either party and any amount recovered by the body against which the claim was filed, arising from costs, counterclaims, punitive damages or otherwise may be used as an offset to any amount owed by it to the claimant, or may be collected in the same manner and form as any other judgment.
SECTION 9357. Initial applicability; Other.
(1) CONDEMNATION; APPEAL OF DENIED CLAIM FOR DAMAGES. The treatment of section 32.20 of the statutes first applies to a conveyance of property to a condemnor that is recorded on the effective date of this subsection.
(End)
LRB-0778LRB-0778/1
PG:nwn&cjs:md
2009 - 2010 LEGISLATURE
DOA:......Byrnes, BB0214 - Property appraisals; right to appeal compensation amount; litigation expenses
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Eminent Domain
Currently, whenever an entity with the power of condemnation seeks to acquire property by condemnation, it must provide the property owner with an appraisal of the property and pay for the owner to acquire his or her own appraisal. This bill provides that, if the property is being acquired for sewers or transportation facilities, the owner may use an appraisal prepared by the owner or condemnor during the period preceding negotiations in any subsequent appeal only if the appraisal was provided to the other party during that period.
Currently, if a property owner agrees voluntarily to convey the property to the condemnor at an agreed-upon price, the owner has the right, within six months, to appeal the issue of the amount of compensation paid by the condemnor. This bill eliminates this right for owners whose property is being acquired for sewers or transportation facilities. The bill does not eliminate the owner's right to appeal the amount of compensation within two years if his or her property is condemned.
