AB1039: Bill Text

AB1039,191 Section 191. 85.14 (1) (b) of the statutes is amended to read:

AB1039,68,18 85.14 (1) (b) If the secretary of administration state treasurer assesses any charges against the department relating to the payment of fees by credit cards, debit cards, or other electronic payment mechanisms, the department shall pay, from the appropriation under s. 20.395 (5) (cg), to the secretary of administration state treasurer or to any person designated by the secretary of administration state treasurer the amount of these assessed charges.

AB1039,192 Section 192. 85.14 (2) of the statutes is amended to read:

AB1039,69,2 85.14 (2) The department shall certify to the secretary of administration state treasurer the amount of charges associated with the use of credit cards that is assessed to the department on deposits accepted under s. 345.26 (3) (a) by state traffic patrol officers and state motor vehicle inspectors, and the secretary of administration state treasurer shall pay the charges from moneys under s. 59.25 (3) (j) and (k) that are reserved for payment of the charges under s. 20.907 (5) (e) 12e. 14.58 (21).

AB1039,193 Section 193. 87.07 (4) of the statutes is amended to read:

AB1039,69,13 87.07 (4) Benefits and costs decisive. If the aggregate of the amounts collectible, as thus found by the department, exceeds the estimated cost of construction of the improvement, the department shall order that the work of constructing such improvement proceed. If such aggregate amount collectible is less than the estimated cost of such improvement, the department shall enter an order dismissing the petition, unless the difference between said aggregate amounts be deposited in cash with the secretary of administration state treasurer within one year. Such deposit may be made by any person or any public or private corporation. Upon the making of such deposit, the department shall enter a further order that the work of constructing the improvement proceed.

AB1039,194 Section 194. 87.11 (2) of the statutes is amended to read:

AB1039,70,16 87.11 (2) But should the total cost, as ascertained and certified by the flood control board after the letting of the contracts, in the manner hereinabove set forth, exceed the total amount found by the department to be collectible under s. 87.09, all contracts for the construction of the work shall be null and void. At the expiration of one year after such certification, any moneys held by the secretary of administration state treasurer on account of the project shall be refunded to the persons by whom they were paid to the secretary of administration state treasurer; and funds in the hands of the flood control board shall be refunded to the public corporation by which they were paid to such board; any funds held by any town, village, or city, having been collected by special assessments against property benefited, shall be refunded to the owners of such property; any funds raised by any public corporation by the issuance of bonds on account of such proposed improvements shall constitute a fund for the retirement or payment of such bonds; and any fund held by any public corporation, having been raised otherwise than by special assessments or bond issues, shall be available for the general purposes of such public corporation. Provided, however, that if within one year after the last mentioned certification of the flood control board there shall be deposited with the treasurer of said board a sum equal to the difference between the aggregate cost of constructing the improvement as estimated by the department and the aggregate cost thereof as determined and certified by the flood control board after the letting of the contracts, said board shall proceed to relet the contracts for the construction of the improvement and to complete the same unless the aggregate of such new contract prices, together with the department's estimate of the cost of acquiring lands and of overhead expenses and of the first 18 months' operation and maintenance, shall again exceed the amount found by the department to be collectible under s. 87.09. The deposit herein referred to may be made by any person or any public or private corporation.

AB1039,195 Section 195. 87.13 of the statutes is amended to read:

AB1039,71,4 87.13 Disbursements by board. All sums which shall be deposited with the secretary of administration state treasurer under s. 87.07 (4) for the construction of the improvement shall be paid by the secretary of administration state treasurer to the flood control board upon requisitions from said board. If any moneys, other than those for operation and maintenance during the first 18 months, remain unexpended in the hands of the flood control board or subject to their requisition after the completion of the construction of the improvement, and if the funds for construction of the improvement shall have been in part raised through voluntary contributions under s. 87.07 (4) or 87.11 (2), the amounts thus contributed, or such proportion thereof as the funds remaining in the hands of the board or subject to its requisition will pay, shall be returned to the persons or corporations who made such voluntary contributions, in proportion to the amounts contributed by them.

AB1039,196 Section 196. 93.31 of the statutes is amended to read:

AB1039,71,24 93.31 Livestock breeders association. The secretary of the Wisconsin livestock breeders association shall on and after July 1 of each year make a report to the department, signed by the president, treasurer, and secretary of the association, setting forth in detail the receipts and disbursements of the association for the preceding fiscal year in such form and detail together with such other information as the department may require. On receipt of such reports, if the department is satisfied that the business of the association has been efficiently conducted during the preceding fiscal year and in the interest of and for the promotion of the special agricultural interests of the state and for the purpose for which the association was organized and if the final statement shows that all the receipts together with the state aid have been accounted for and disbursed for the proper and necessary purposes of the association, and in accordance with the laws of the state, then the department shall file a certificate with the secretary department of administration and he or she it shall draw its warrant and the state treasurer shall pay to the treasurer of the association the amount of the appropriations made available for the association by s. 20.115 (4) (a) for the conduct of junior livestock shows and other livestock educational programs. The association may upon application to the state purchasing agent, upon such terms as he or she may require, obtain printing for the association under the state contract.

AB1039,197 Section 197. 100.261 (2) of the statutes is amended to read:

AB1039,72,6 100.261 (2) If any deposit is made for a violation to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the consumer protection surcharge under this section. If the deposit is forfeited, the amount of the consumer protection surcharge shall be transmitted to the secretary of administration state treasurer under sub. (3). If the deposit is returned, the consumer protection surcharge shall also be returned.

AB1039,198 Section 198. 100.261 (3) (a) of the statutes is amended to read:

AB1039,72,11 100.261 (3) (a) The clerk of court shall collect and transmit the consumer protection surcharges imposed under ch. 814 to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration state treasurer under s. 59.25 (3) (f) 2.

AB1039,199 Section 199. 100.261 (3) (b) of the statutes is amended to read:

AB1039,72,16 100.261 (3) (b) The secretary of administration state treasurer shall deposit the consumer protection surcharges imposed under ch. 814 in the general fund and shall credit them to the appropriation account under s. 20.115 (1) (jb), subject to the limit under par. (c).

AB1039,200 Section 200. 100.60 (8) (d) 3. of the statutes is amended to read:

AB1039,72,20 100.60 (8) (d) 3. The department shall remit all forfeitures paid under this paragraph to the secretary of administration state treasurer for deposit in the school fund.

AB1039,201 Section 201. 101.573 (1) of the statutes is amended to read:

AB1039,73,2 101.573 (1) The department shall include in the compilation and certification of fire department dues under sub. (3) 2 percent of the premiums paid to the state fire fund for the insurance of any public property, other than state property. The department shall notify the secretary of administration state treasurer of the amount certified under this subsection and the secretary of administration state treasurer shall charge the amount to the state fire fund.

AB1039,202 Section 202. 101.573 (3) of the statutes is amended to read:

AB1039,73,11 101.573 (3) (a) On or before May 1 in each year, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under sub. (1) and funds remaining under par. (b), withhold .5 percent and certify to the secretary of administration state treasurer the proper amount to be paid from the appropriation under s. 20.165 (2) (L) to each city, village, or town entitled to fire department dues under s. 101.575. Annually, on or before August 1, the secretary of administration state treasurer shall pay the amounts certified by the department to the cities, villages and towns eligible under s. 101.575.

AB1039,74,2 (b) The amount withheld under par. (a) shall be disbursed to correct errors of the department or the commissioner of insurance or for payments to cities, villages, or towns which are first determined to be eligible for payments under par. (a) after May 1. The department shall certify to the secretary of administration state treasurer, as near as is practical, the amount which would have been payable to the municipality if payment had been properly disbursed under par. (a) on or prior to May 1, except the amount payable to any municipality first eligible after May 1 shall be reduced by 1.5 percent for each month or portion of a month which expires after May 1 and prior to the eligibility determination. The secretary of administration state treasurer shall pay the amount certified to the city, village, or town. The balance of the amount withheld in a calendar year under par. (a) which is not disbursed under this paragraph shall be included in the total compiled by the department under par. (a) for the next calendar year. If errors in payments exceed the amount set aside for error payments, adjustments shall be made in the distribution for the next year.

AB1039,203 Section 203. 101.573 (4) of the statutes is amended to read:

AB1039,74,8 101.573 (4) The department shall transmit to the treasurer of each city, village, and town entitled to fire department dues, a statement of the amount of dues payable to it, and the commissioner of insurance shall furnish to the secretary of administration state treasurer, upon request, a list of the insurers paying dues under s. 601.93 and the amount paid by each.

AB1039,204 Section 204. 102.28 (7) (a) of the statutes is amended to read:

AB1039,74,24 102.28 (7) (a) If an employer who is currently or was formerly exempted by written order of the department under sub. (2) (b) is unable to pay an award, judgment is rendered in accordance with s. 102.20 against that employer, and execution is levied and returned unsatisfied in whole or in part, payments for the employer's liability shall be made from the fund established under sub. (8). If a currently or formerly exempted employer files for bankruptcy and not less than 60 days after that filing the department has reason to believe that compensation payments due are not being paid, the department in its discretion may make payment for the employer's liability from the fund established under sub. (8). The secretary of administration state treasurer shall proceed to recover those payments from the employer or the employer's receiver or trustee in bankruptcy, and may commence an action or proceeding or file a claim for those payments. The attorney general shall appear on behalf of the secretary of administration state treasurer in any such action or proceeding. All moneys recovered in any such action or proceeding shall be paid into the fund established under sub. (8).

AB1039,205 Section 205. 102.63 of the statutes is amended to read:

AB1039,75,8 102.63 Refunds by state. Whenever the department shall certify to the secretary of administration state treasurer that excess payment has been made under s. 102.59 or under s. 102.49 (5) either because of mistake or otherwise, the secretary of administration state treasurer shall within 5 days after receipt of such certificate draw an order against the fund in the state treasury into which such excess was paid, reimbursing such payor of such excess payment, together with interest actually earned thereon if the excess payment has been on deposit for at least 6 months.

AB1039,206 Section 206. 102.85 (4) (c) of the statutes is amended to read:

AB1039,75,15 102.85 (4) (c) 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 uninsured employer surcharge under this section. If the deposit is forfeited, the amount of the uninsured employer surcharge shall be transmitted to the secretary of administration state treasurer under par. (d). If the deposit is returned, the uninsured employer surcharge shall also be returned.

AB1039,207 Section 207. 102.85 (4) (d) of the statutes is amended to read:

AB1039,75,23 102.85 (4) (d) The clerk of the court shall collect and transmit to the county treasurer the uninsured employer surcharge and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration state treasurer as provided in s. 59.25 (3) (f) 2. The secretary of administration state treasurer shall deposit the amount of the uninsured employer surcharge, together with any interest thereon, in the uninsured employers fund as provided in s. 102.80 (1).

AB1039,208 Section 208. 108.15 (6) (c) of the statutes is amended to read:

AB1039,76,4 108.15 (6) (c) If such delinquency is finally established under s. 108.10, the fund's treasurer shall, in case such unit receives a share of any state tax or any type of state aid, certify to the secretary of administration state treasurer the existence and amount of such delinquency.

AB1039,209 Section 209. 108.15 (6) (d) (intro.) of the statutes is amended to read:

AB1039,76,9 108.15 (6) (d) (intro.) Upon receipt of such certification, the secretary of administration state treasurer shall withhold, from each sum of any such tax or aid thereafter payable to the government unit, until the delinquency is satisfied, the lesser of the following amounts:

AB1039,210 Section 210. 108.15 (6) (e) of the statutes is amended to read:

AB1039,76,14 108.15 (6) (e) Any amount withheld by the secretary of administration state treasurer under par. (d) shall be paid by the secretary of administration state treasurer to the fund's treasurer, who shall duly credit such payment toward satisfying the delinquency.

AB1039,211 Section 211. 108.20 (2) of the statutes is amended to read:

AB1039,76,20 108.20 (2) All amounts received by the department for the administrative account shall be paid over to the secretary of administration state treasurer and credited to that account for the administration of this chapter and the employment service, for the payment of benefits chargeable to the account under s. 108.07 (5) and for the purposes specified in sub. (2m).

AB1039,212 Section 212. 115.345 (5) of the statutes is amended to read:

AB1039,77,3 115.345 (5) The school board may file a claim with the department for reimbursement for reasonable expenses incurred, excluding capital equipment costs, but not to exceed 15 percent of the cost of the meal or 50 cents per meal, whichever is less. Any cost in excess of the lesser amount may be charged to participants. If the department approves the claim, it shall certify that payment is due and the secretary of administration state treasurer shall pay the claim from the appropriation under s. 20.255 (2) (cn).

AB1039,213 Section 213. 125.14 (2) (e) of the statutes is amended to read:

AB1039,77,17 125.14 (2) (e) Disposal. The department shall dispose of the alcohol beverages turned over to it by the court by either giving it to law enforcement agencies free of charge for use in criminal investigations, selling it to the highest bidder if the bidder is a person holding a license or permit issued under this chapter, or destroying it, at the discretion of the department. If the department elects to sell the alcohol beverages, it shall publish a class 2 notice under ch. 985 asking for sealed bids from qualified bidders. Any items or groups of items in the inventory subject to a security interest, the existence of which was established in the proceedings for conviction as being bona fide and as having been created without the secured party having notice that the items were being used or were to be used in connection with the violation, shall be sold separately. The net proceeds from the sale, less all costs of seizure, storage, and sale, shall be turned over to the secretary of administration state treasurer and credited to the common school fund.

AB1039,214 Section 214. 125.14 (2) (f) of the statutes is amended to read:

AB1039,78,8 125.14 (2) (f) Sale. Any personal property, other than alcohol beverages, seized under par. (a) and fit for sale, shall be turned over by the department to the department of administration for disposal at public auction to the highest bidder, at a time and place stated in a notice of sale which describes the property to be sold. The sale shall be held in a conveniently accessible place in the county where the property was confiscated. A copy of the notice shall be published as a class 2 notice under ch. 985. The last insertion shall be at least 10 days before the sale. The department of revenue shall serve a copy of the notice of sale at least 2 weeks before the date thereof on all persons who are or may be owners or holders of security interests in the property. Any confiscated property worth more than $100 shall be sold separately, and the balance of the confiscated property shall be sold in bulk or separately at the discretion of the department of administration. The net proceeds from the sale, less all costs of seizure, storage, and sale, shall be turned over to the secretary of administration state treasurer. No motor vehicle or motorboat confiscated under this section may be sold within 30 days after the date of seizure.

AB1039,215 Section 215. 139.10 (1) of the statutes is amended to read:

AB1039,78,15 139.10 (1) On the certificate of the secretary, the secretary of administration state treasurer shall refund to any purchaser or any banking institution in Wisconsin the tax paid on intoxicating liquor or on whole cases or full kegs of fermented malt beverages which are spoiled or unfit to drink and the tax paid on fermented malt beverages sold to the U.S. armed forces or the secretary may make allowance of the amount of the tax.

AB1039,216 Section 216. 139.39 (4) of the statutes is amended to read:

AB1039,78,25 139.39 (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 secretary department of administration shall pay issue a warrant on the state treasurer for 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.

AB1039,217 Section 217. 145.12 (5) (c) of the statutes is amended to read:

AB1039,79,4 145.12 (5) (c) The department shall remit all forfeitures paid under this subsection to the secretary of administration state treasurer for deposit in the school fund.

AB1039,218 Section 218. 146.903 (5) (d) of the statutes is amended to read:

AB1039,79,11 146.903 (5) (d) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (c), 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 secretary of administration state treasurer for deposit in the school fund.

AB1039,219 Section 219. 150.963 (3) (e) of the statutes is amended to read:

AB1039,79,16 150.963 (3) (e) Accept on behalf of the state and deposit with the secretary of administration state treasurer 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.

AB1039,220 Section 220. 165.30 (3) of the statutes is amended to read:

AB1039,79,20 165.30 (3) Collection proceeds. (a) All obligations collected by the department of justice under this section shall be paid to the secretary of administration state treasurer and deposited in the appropriate fund.

AB1039,79,25 (b) From the amount of obligations collected by the department of justice under this section, the secretary of administration state treasurer 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).

AB1039,221 Section 221. 165.755 (3) of the statutes is amended to read:

AB1039,80,6 165.755 (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 secretary of administration state treasurer under s. 59.25 (3) (f) 2.

AB1039,222 Section 222. 165.755 (4) of the statutes is amended to read:

AB1039,80,11 165.755 (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 secretary of administration state treasurer as provided in s. 66.0114 (1) (bm).

AB1039,223 Section 223. 165.755 (5) of the statutes is amended to read:

AB1039,80,18 165.755 (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 surcharge under sub. (1) (a) for forfeited bail. If bail is forfeited, the amount of the surcharge under sub. (1) (a) shall be transmitted monthly to the secretary of administration state treasurer under this section. If bail is returned, the surcharge shall also be returned.

AB1039,224 Section 224. 165.755 (6) of the statutes is amended to read:

AB1039,80,24 165.755 (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 surcharge 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 secretary of administration state treasurer.

AB1039,225 Section 225. 165.755 (7) of the statutes is amended to read:

AB1039,81,4 165.755 (7) All moneys collected from crime laboratories and drug law enforcement surcharges under this section shall be deposited by the secretary of administration state treasurer and used as specified in ss. 20.455 (2) (jb), (kd), and (Lm) and 20.475 (1) (km).

AB1039,226 Section 226. 167.31 (5) (c) of the statutes is amended to read:

AB1039,81,11 167.31 (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 surcharge under this subsection. If the deposit is forfeited, the amount of the weapons surcharge shall be transmitted to the secretary of administration state treasurer under par. (d). If the deposit is returned, the amount of the weapons surcharge shall also be returned.

AB1039,227 Section 227. 167.31 (5) (d) of the statutes is amended to read:

AB1039,81,18 167.31 (5) (d) The clerk of the circuit court shall collect and transmit to the county treasurer the weapons surcharge as required under s. 59.40 (2) (m). The county treasurer shall then pay the secretary of administration state treasurer as provided in s. 59.25 (3) (f) 2. The secretary of administration state treasurer shall deposit all amounts received under this paragraph in the conservation fund to be appropriated under s. 20.370 (3) (mu).

AB1039,228 Section 228. 169.46 (1) (c) of the statutes is amended to read:

AB1039,81,25 169.46 (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 surcharge under this subsection. If the deposit is forfeited, the amount of the natural resources surcharge shall be transmitted to the secretary of administration state treasurer under par. (d). If the deposit is returned, the natural resources surcharge shall also be returned.

AB1039,229 Section 229. 169.46 (1) (d) of the statutes is amended to read:

AB1039,82,7 169.46 (1) (d) The clerk of the court shall collect and transmit to the county treasurer the natural resources surcharge and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration state treasurer as provided in s. 59.25 (3) (f) 2. The secretary of administration state treasurer shall deposit the amount of the natural resources surcharge in the conservation fund.

AB1039,230 Section 230. 169.46 (2) (c) of the statutes is amended to read:

AB1039,82,15 169.46 (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 surcharge under this subsection. If the deposit is forfeited, the amount of the natural resources restitution surcharge shall be transmitted to the secretary of administration state treasurer under par. (d). If the deposit is returned, the natural resources restitution surcharge shall also be returned.

AB1039,231 Section 231. 169.46 (2) (d) of the statutes is amended to read:

AB1039,82,22 169.46 (2) (d) The clerk of the court shall collect and transmit to the county treasurer the natural resources restitution surcharge and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration state treasurer as provided in s. 59.25 (3) (f) 2. The secretary of administration state treasurer shall deposit the amount of the natural resources restitution surcharge in the conservation fund.

AB1039,232 Section 232. 177.01 (1) of the statutes is amended to read:

AB1039,82,24 177.01 (1) “Administrator" means the secretary of revenue state treasurer.

AB1039,233 Section 233. 177.23 (2) (e) of the statutes is amended to read:

AB1039,83,2 177.23 (2) (e) Salaries of the employees of the office of the state treasurer and the department of revenue that are attributable to the administration of this chapter.

AB1039,234 Section 234. 180.1440 of the statutes is amended to read: