AB1039: Bill Text

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:

AB1039,83,8 180.1440 Delivery to secretary of revenue state treasurer. Assets of a dissolved corporation that should be transferred to a creditor, claimant or shareholder of the corporation and are unclaimed shall be reduced to cash and shall be reported and delivered to the secretary of revenue state treasurer as provided under ch. 177.

AB1039,235 Section 235. 181.1440 of the statutes is amended to read:

AB1039,83,19 181.1440 Deposit with secretary of revenue state treasurer. Assets of a dissolved corporation that should be transferred to a creditor, claimant, or member of the corporation who cannot be found or who is not competent to receive them, shall be reduced to cash subject to known trust restrictions and deposited with the secretary of revenue state treasurer for safekeeping. However, in the secretary's state treasurer's discretion property may be received and held in kind. When the creditor, claimant, or member furnishes satisfactory proof of entitlement to the amount deposited or property held in kind, the secretary of revenue state treasurer shall deliver to the creditor, member or other person or his or her representative that amount or property.

AB1039,236 Section 236. 185.75 (2) of the statutes is amended to read:

AB1039,84,2 185.75 (2) Assets distributable in the course of the liquidation of a cooperative that remain unclaimed after one year may be reported and delivered to the secretary of revenue state treasurer as provided under ch. 177. Assets distributable in the course of the liquidation of a cooperative that are not forfeited under sub. (1) and that remain unclaimed after 5 years shall be reported and delivered to the secretary of revenue state treasurer under ch. 177.

AB1039,237 Section 237. 186.235 (11) (p) 3. of the statutes is amended to read:

AB1039,84,12 186.235 (11) (p) 3. One year after the date of the order for final distribution, the office of credit unions shall report and deliver to the secretary of revenue state treasurer all unclaimed funds as provided in ch. 177. All claims subsequently arising shall be presented to the office of credit unions. If the office of credit unions determines that any claim should be allowed, the office shall certify to the department of administration the name and address of the person entitled to payment and the amount of the payment and shall attach the claim to the certificate. The department of administration shall certify the claim to the secretary of revenue state treasurer for payment.

AB1039,238 Section 238. 193.735 (1) (intro.) of the statutes is amended to read:

AB1039,84,19 193.735 (1) Alternate procedure to distribute property. (intro.) Notwithstanding s. 177.17 (4) (a) 2. and (b), a cooperative may distribute any property required to be reported under s. 177.17 (1) to an entity that is exempt from taxation under section 501 (a) of the Internal Revenue Code. A cooperative making a distribution under this subsection shall file all of the following with the secretary of revenue state treasurer before making the distribution:

AB1039,239 Section 239. 193.905 (4) (b) of the statutes is amended to read:

AB1039,84,23 193.905 (4) (b) Assets distributable in the course of the dissolution of a cooperative that are not forfeited under par. (a) shall be reported and delivered to the secretary of revenue state treasurer as provided under ch. 177.

AB1039,240 Section 240. 194.51 of the statutes is amended to read:

AB1039,85,12 194.51 Suit to recover protested tax. No suit shall be maintained in any court to restrain or delay the collection or payment of the taxes levied in this chapter. The aggrieved taxpayer shall pay the tax as and when due, and, if paid under protest, may at any time within 90 days from the date of such payment, sue the state in an action at law to recover the tax so paid. If it is finally determined that said tax, or any part thereof, was wrongfully collected for any reason, it shall be the duty of the secretary department of administration to issue a warrant on the state treasurer to pay out of the transportation fund the amount of such tax so adjudged to have been wrongfully collected. 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 within any 90-day period preceding the commencement of such an action. Such suits shall be commenced as provided in s. 775.01.

AB1039,241 Section 241. 195.60 (3) of the statutes is amended to read:

AB1039,86,3 195.60 (3) If any railroad or water carrier against which a bill has been rendered under sub. (1) or (2) within 30 days after the rendering of such bill neglects or refuses to pay the same or fails to file objections to the bill with the office, the office shall transmit to the secretary of administration a certified copy of the bill, together with notice of neglect or refusal to pay the bill, and on the same day the office shall mail to the railroad or water carrier against which the bill has been rendered a copy of the notice which it has transmitted to the secretary of administration state treasurer. Within 10 days after the receipt of such notice and certified copy of such bill, the secretary of administration state treasurer shall levy the amount stated on such bill to be due, with interest, by distress and sale of any goods and chattels, including stocks, securities, bank accounts, evidences of debt, and accounts receivable belonging to such delinquent railroad or water carrier. Such levy by distress and sale shall be governed by the provisions of s. 74.10, 1985 stats., except that it shall be made by the secretary of administration state treasurer and that said goods and chattels anywhere within the state may be levied upon.

AB1039,242 Section 242. 195.60 (4) (d) of the statutes is amended to read:

AB1039,86,15 195.60 (4) (d) If any bill against which objections have been filed is not paid within 10 days after notice of a finding that such objections have been overruled and disallowed by the office has been mailed to the objector, the office shall give notice of such delinquency to the secretary of administration and to the objector, in the manner provided in sub. (3). The secretary of administration state treasurer shall then proceed to collect the amount of the bill as provided in sub. (3). If an amended bill is not paid within 10 days after a copy thereof is mailed to the objector by registered mail, the office shall notify the secretary of administration state treasurer and the objector as in the case of delinquency in the payment of an original bill. The secretary of administration state treasurer shall then proceed to collect the amount of the bill as provided in the case of an original bill.

AB1039,243 Section 243. 195.60 (5) of the statutes is amended to read:

AB1039,87,3 195.60 (5) No suit or proceeding shall be maintained in any court for the purpose of restraining or in any way delaying the collection or payment of any bill rendered under subs. (1) and (2). Every railroad or water carrier against which a bill is rendered shall pay the amount thereof, and after such payment may in the manner herein provided, at any time within 2 years from the date the payment was made, sue the state in an action at law to recover the amount paid with legal interest thereon from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful, or invalid in whole or in part. If it is finally determined in such action that any part of the bill for which payment was made was excessive, erroneous, unlawful, or invalid, the secretary of administration state treasurer shall make a refund to the claimant as directed by the court, which shall be charged to the appropriations to the office.

AB1039,244 Section 244. 196.199 (3) (d) of the statutes is amended to read:

AB1039,87,20 196.199 (3) (d) If, at any time during a proceeding under this subsection, the commission determines, after notice and reasonable opportunity to be heard, that a person has made a filing in violation of par. (c), the commission shall order the person to pay to any party to the proceeding the amount of reasonable expenses incurred by that party because of the filing, including reasonable attorney fees, and the commission may directly assess a forfeiture against the person of not less than $25 nor more than $5,000. A person against whom the commission assesses a forfeiture under this paragraph shall pay the forfeiture to the commission within 10 days after receipt of notice of the assessment or, if the person petitions for judicial review under ch. 227, within 10 days after receipt of the final decision after exhaustion of judicial review. The commission shall remit all forfeitures paid under this paragraph to the secretary of administration state treasurer for deposit in the school fund. The attorney general may bring an action in the name of the state to collect any forfeiture assessed by the commission under this paragraph that has not been paid as provided in this paragraph. The only contestable issue in such an action is whether or not the forfeiture has been paid.

AB1039,245 Section 245. 196.85 (3) of the statutes is amended to read:

AB1039,88,12 196.85 (3) If any public utility, sewerage system, joint local water authority, or power district is billed under sub. (1), (2), or (2e) and fails to pay the bill within 30 days or fails to file objections to the bill with the commission, as provided in sub. (4), the commission shall transmit to the secretary of administration state treasurer a certified copy of the bill, together with notice of failure to pay the bill, and on the same day the commission shall mail by registered mail to the public utility, sewerage system, joint local water authority, or power district a copy of the notice that it has transmitted to the state treasurer. Within 10 days after receipt of the notice and certified copy of the bill, the secretary of administration state treasurer shall levy the amount stated on the bill to be due, with interest, by distress and sale of any property, including stocks, securities, bank accounts, evidences of debt, and accounts receivable belonging to the delinquent public utility, sewerage system, joint local water authority, or power district. The levy by distress and sale shall be governed by s. 74.10, 1985 stats., except that it shall be made by the secretary of administration state treasurer and that goods and chattels anywhere within the state may be levied upon.

AB1039,246 Section 246. 196.85 (4) (d) of the statutes is amended to read:

AB1039,88,25 196.85 (4) (d) If any bill against which objections have been filed is not paid within 10 days after notice of a finding that the objections have been overruled and disallowed by the commission has been mailed to the objector as provided in this subsection, the commission shall give notice of the delinquency to the secretary of administration state treasurer and to the objector, in the manner provided in sub. (3). The secretary of administration state treasurer shall then proceed to collect the amount of the delinquent bill as provided in sub. (3). If an amended bill is not paid within 10 days after a copy of the amended bill is mailed to the objector by registered mail, the commission shall notify the secretary of administration state treasurer and the objector as in the case of delinquency in the payment of an original bill. The secretary of administration state treasurer shall then proceed to collect the amount of the amended bill as provided in the case of an original bill.

AB1039,247 Section 247. 196.85 (5) of the statutes is amended to read:

AB1039,89,12 196.85 (5) No suit or proceeding may be maintained in any court to restrain or delay the collection or payment of any bill rendered under sub. (1), (2), or (2e). Every public utility, sewerage system, joint local water authority, or power district that is billed shall pay the amount of the bill, and after payment may in the manner provided under this section, at any time within 2 years from the date the payment was made, sue the state to recover the amount paid plus interest from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful, or invalid in whole or in part. If the court finds that any part of the bill for which payment was made was excessive, erroneous, unlawful, or invalid, the secretary of administration state treasurer shall make a refund to the claimant as directed by the court. The refund shall be charged to the appropriations to the commission.