Amendment SSA1-SB44

SB44-SSA1,981,6 (c) The department of administration may not contract for financial auditing or security monitoring services, except that, if the department of administration delegates under s. 16.71 (1) to the department of revenue the authority to make a major procurement, the department of revenue may contract with the department of administration for warehouse and building protection services relating to the state lottery.

SB44-SSA1,981,12 (d) If the department of administration delegates under s. 16.71 (1) to the department of revenue the authority to make a major procurement, the department of revenue shall assume the powers and duties of the department of administration and the administrator shall assume the powers and duties of the secretary of administration under this section and ss. 16.70 to 16.77, except under ss. 16.72 (4) (a), 16.76 (1) and 16.77 (1).

SB44-SSA1, s. 2630h Section 2630h. 565.25 (1m) (b) of the statutes is created to read:

SB44-SSA1,981,18 565.25 (1m) (b) The joint committee on finance may not approve a contract providing for the entire management of the lottery or for the entire operation of the lottery by any private person unless the departments of administration and revenue first jointly submit to the joint committee on finance a lottery privatization plan describing all of the following:

SB44-SSA1,981,19 1. What functions the private person would perform under the contract.

SB44-SSA1,981,22 2. What management authority the private person would have with respect to lottery advertising, prize payout levels, and any lottery function that the state would perform if the contract were approved.

SB44-SSA1,981,23 3. How the private person would interact with other lottery vendors.

SB44-SSA1,981,25 4. Whether the contract would require some form of profit sharing and, if so, a description of the profit-sharing mechanism.

SB44-SSA1,982,4 5. A transition plan to ensure the successful conversion of the lottery to new management, including a schedule for phasing out state positions and a rationale for the number and classification of state positions that would be needed after the conversion.

SB44-SSA1, s. 2631 Section 2631. 565.25 (2) (a) 4. of the statutes is repealed and recreated to read:

SB44-SSA1,982,15 565.25 (2) (a) 4. The administrator shall develop specifications for major procurements. If security is a factor in the materials, supplies, equipment, property, or services to be purchased in any major procurement, then invitations for bids or competitive sealed proposals shall include specifications related to security. The administrator shall submit specifications for major procurement to the secretary of revenue for review and approval before the department of administration releases the specifications in invitations for bids or competitive sealed proposals. The department of administration shall require separate bids or separate competitive sealed proposals for management consultation services if the services are provided under contract as provided in sub. (1m) (a).

SB44-SSA1, s. 2632 Section 2632. 565.37 (3) of the statutes is amended to read:

SB44-SSA1,982,21 565.37 (3) Department report. The department shall submit quarterly reports on the operation of the lottery to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2) and to the governor, attorney general, state treasurer secretary of administration, secretary of state, and state auditor.

SB44-SSA1, s. 2633m Section 2633m. 569.06 of the statutes is amended to read:

SB44-SSA1,983,4 569.06 Indian gaming receipts. Indian gaming receipts shall be credited to the appropriation accounts under ss. 20.455 (2) (gc) and 20.505 (8) (h) and (hm) as specified under ss. 20.455 (2) (gc) and 20.505 (8) (h) and (hm). Indian gaming receipts shall be credited to the appropriation account under s. 20.505 (8) (hm) in the amount necessary to make the transfers specified under s. 20.505 (8) (hm). Indian gaming receipts not otherwise credited to appropriation accounts under this section shall be paid into the general fund.

SB44-SSA1, s. 2635 Section 2635. 601.13 (1) (intro.) of the statutes is amended to read:

SB44-SSA1,983,9 601.13 (1) Receipt of deposits. (intro.) Subject to the approval of the commissioner, the state treasurer secretary of administration shall accept deposits or control of acceptable book-entry accounts from insurers and other licensees of the office as follows:

SB44-SSA1, s. 2636 Section 2636. 601.13 (3) (intro.) of the statutes is amended to read:

SB44-SSA1,983,15 601.13 (3) Securities eligible. (intro.) All deposits may consist of any of the securities authorized in this subsection. Each security must be approved by the commissioner, must be subject to disposition by the state treasurer secretary of administration, and must not be available to any other person except as expressly provided by law. The authorized securities are:

SB44-SSA1, s. 2637 Section 2637. 601.13 (5) of the statutes is amended to read:

SB44-SSA1,984,2 601.13 (5) Receipt, inspection, and record. The state treasurer secretary of administration shall deliver to the depositor a receipt for all securities deposited or held under the control of the state treasurer secretary of administration and shall permit the depositor to inspect its physically held securities at any reasonable time. On application of the depositor the treasurer secretary of administration shall certify when required by any law of the United States or of any other state or foreign country or by the order of any court of competent jurisdiction that the deposit was made. The treasurer secretary of administration and the commissioner shall each keep a permanent record of securities deposited or held under the control of the state treasurer secretary of administration and of any substitutions or withdrawals and shall compare records at least annually.

SB44-SSA1, s. 2638 Section 2638. 601.13 (6) of the statutes is amended to read:

SB44-SSA1,984,6 601.13 (6) Transfer of securities. No transfer of a deposited security, whether voluntary or by operation of law, is valid unless approved in writing by the commissioner and countersigned by the treasurer secretary of administration.

SB44-SSA1, s. 2639 Section 2639. 601.13 (8) (intro.) of the statutes is amended to read:

SB44-SSA1,984,10 601.13 (8) Interest and substitutions. (intro.) Subject to s. 14.58 (13) 16.401 (11), a depositor shall, while solvent and complying with the laws of this state, be entitled:

SB44-SSA1, s. 2640 Section 2640. 601.13 (11) of the statutes is amended to read:

SB44-SSA1,984,18 601.13 (11) Advance deposit of fees. With the approval of the commissioner, any person required to pay fees or assessments to the state through the commissioner may make a deposit with the treasurer secretary of administration from which the fees or assessments shall be paid on order of the commissioner not less than twice each year. Upon request by the depositor, any balance remaining shall be returned on the certificate of the commissioner that all fees and assessments have been paid to date.

SB44-SSA1, s. 2641 Section 2641. 601.17 of the statutes is repealed.

SB44-SSA1, s. 2642 Section 2642. 601.34 of the statutes is repealed.

SB44-SSA1, s. 2642m Section 2642m. 601.41 (12) of the statutes is created to read:

SB44-SSA1,985,2 601.41 (12) Substantially similar health care coverage plan. The commissioner shall promulgate rules that set out a standardized summary of benefits provided under health care coverage plans, including plans offered under s. 40.51 (7), for use in determining whether a health care coverage plan is substantially similar to a plan offered under s. 40.51 (7).

SB44-SSA1, s. 2643 Section 2643. 601.45 (3) of the statutes is amended to read:

SB44-SSA1,985,9 601.45 (3) Deposit. The commissioner may require any examinee, before or from time to time during an examination, to deposit with the state treasurer 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 under s. 20.145 (1) (g) in the percentage specified in that paragraph.

SB44-SSA1, s. 2644 Section 2644. 601.62 (4) of the statutes is amended to read:

SB44-SSA1,985,17 601.62 (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 state treasurer upon the warrant of the department secretary of administration, authorized by the certificate of the commissioner, and shall be charged to the appropriation under s. 20.145 (1) (g).

SB44-SSA1, s. 2645 Section 2645. 604.04 (4) of the statutes is amended to read:

SB44-SSA1,985,22 604.04 (4) Payment procedure. Any charges against a fund under sub. (3) shall be certified by the commissioner, audited by the department of administration under s. 16.53, and paid by the treasurer secretary of administration out of the appropriate fund in accordance with procedures of the department of administration.

SB44-SSA1, s. 2646 Section 2646. 604.05 of the statutes is amended to read:

SB44-SSA1,986,6 604.05 Investments. Assets of all funds under chs. 605 to 607 shall be invested by the state investment board under s. 25.17. Each January 1 the state treasurer secretary of administration shall credit each fund with earnings on the invested assets in each fund for the preceding 12 months. If any fund is indebted to the general fund of the state, the fund shall be charged, at the end of each calendar year, with interest on the indebtedness at the average rate earned by the state upon its deposits in public depositories during the period of indebtedness and that sum shall be credited to the general fund.

SB44-SSA1, s. 2647 Section 2647. 604.06 (1) of the statutes is amended to read:

SB44-SSA1,986,9 604.06 (1) Custody. The state treasurer secretary of administration has sole custody of all assets of funds under chs. 605 to 607.

SB44-SSA1, s. 2648 Section 2648. 604.07 of the statutes is amended to read:

SB44-SSA1,986,14 604.07 Bonds. The commissioner as manager of the funds and the treasurer secretary of administration shall file surety bonds, specifically conditioned on the performance of their duties under chs. 605 to 607, in amounts required by, and with sureties approved by, the governor.

SB44-SSA1, s. 2649 Section 2649. 605.30 of the statutes is amended to read:

SB44-SSA1,986,22 605.30 Inadequacy of fund. If the property fund does not have sufficient assets to pay claims that are due, the department secretary of administration shall issue a warrant as a transfer from the general fund to the property fund an amount sufficient to pay the losses and the state treasurer shall pay the warrant losses. The property fund shall thereafter repay the general fund this amount and the department secretary of administration shall issue warrants for such transfer the amount as soon as there are assets in the property fund.

SB44-SSA1, s. 2650 Section 2650. 611.76 (4) (e) of the statutes is amended to read:

SB44-SSA1,987,5 611.76 (4) (e) That no policyholder, other than a policyholder of a mutual life insurance company, may receive a distribution of shares valued in excess of the amount to which he or she is entitled under s. 645.72 (4). Any excess over that amount shall be distributed in shares to the state treasury for the benefit of the common school fund. After 5 years the shares may be sold by the treasurer secretary of administration at his or her discretion and the proceeds credited to the common school fund; and

SB44-SSA1, s. 2651 Section 2651. 632.746 (7m) of the statutes is created to read:

SB44-SSA1,987,9 632.746 (7m) (a) In this subsection, "terms of the group health benefit plan" does not include any requirements under the group health benefit plan related to enrollment periods or waiting periods.

SB44-SSA1,987,15 (b) An insurer offering a group health benefit plan shall permit, as provided in par. (c), an employee who is not enrolled but who is eligible for coverage under the terms of the group health benefit plan, or a participant's or employee's dependent who is not enrolled but who is eligible for coverage under the terms of the group health benefit plan, to enroll for coverage under the terms of the plan if all of the following apply:

SB44-SSA1,987,18 1. The employee or dependent is eligible for benefits under the Medical Assistance program under s. 49.472 or for coverage under the Badger Care health care program under s. 49.665.

SB44-SSA1,987,24 2. The department of health and family services will purchase coverage under the group health benefit plan on behalf of the employee or dependent because the department of health and family services has determined that paying the portion of the premium for which the employee is responsible will not be more costly than providing the medical assistance or the coverage under the Badger Care health care program, whichever is applicable.

SB44-SSA1,988,4 (c) An insurer permitting an employee or dependent to enroll under this subsection shall provide for an enrollment period of not less than 30 days, beginning on the date on which the department of health and family services makes the determination under par. (b) 2.

SB44-SSA1, s. 2658 Section 2658. 704.05 (5) (a) 2. of the statutes is amended to read:

SB44-SSA1,988,19 704.05 (5) (a) 2. Give the tenant notice, personally or by ordinary mail addressed to the tenant's last-known address, of the landlord's intent to dispose of the personal property by sale or other appropriate means if the property is not repossessed by the tenant. If the tenant fails to repossess the property within 30 days after the date of personal service or the date of the mailing of the notice, the landlord may dispose of the property by private or public sale or any other appropriate means. The landlord may deduct from the proceeds of sale any costs of sale and any storage charges if the landlord has first stored the personalty under subd. 1. If the proceeds minus the costs of sale and minus any storage charges are not claimed within 60 days after the date of the sale of the personalty, the landlord is not accountable to the tenant for any of the proceeds of the sale or the value of the property. The landlord shall send the proceeds of the sale minus the costs of the sale and minus any storage charges to the department of administration for deposit in the appropriation under s. 20.505 (7) 20.143 (2) (h).

SB44-SSA1, s. 2665 Section 2665. 753.061 (5) of the statutes is amended to read:

SB44-SSA1,989,4 753.061 (5) The state shall reimburse the county for the costs of operating one of the 2 circuit court branches designated under sub. (2m) that begin to primarily handle violent crime cases on September 1, 1991, including the one-time cost of courtroom construction. The costs reimbursable under this subsection shall be paid by the state treasurer secretary of administration to the county treasurer pursuant to a voucher submitted by the clerk of circuit court to the director of state courts and shall be paid from the appropriation under s. 20.625 (1) (as). The amount reimbursable under this subsection may not exceed $383,100 in the 1991-92 fiscal year and $0 in the 1992-93 fiscal year.

SB44-SSA1, s. 2666 Section 2666. 753.07 (2) (a) of the statutes is amended to read:

SB44-SSA1,989,13 753.07 (2) (a) The persons shall continue to receive salaries directly payable from the state in the same amount as they were receiving on July 31, 1978, and such salaries are subject to s. 40.05. The balance of the salaries authorized under ss. 230.12 and 751.02 for the judges and reporters shall be paid by the state treasurer secretary of administration to the county treasurer pursuant to a voucher submitted by the clerk of circuit court to the director of state courts. The county treasurer shall pay the amounts directly to the judges and reporters and the amounts paid are subject to the retirement system established under chapter 201, laws of 1937.

SB44-SSA1, s. 2667 Section 2667. 753.07 (3) (a) of the statutes is amended to read:

SB44-SSA1,989,20 753.07 (3) (a) The salaries authorized under ss. 230.12 and 751.02 for the judges and reporters shall be paid by the state treasurer secretary of administration to the county treasurer pursuant to a voucher submitted by the clerk of circuit court to the director of state courts. The county treasurer shall pay the amounts directly to the judges and reporters and the amounts paid shall be subject to the retirement system established under chapter 201, laws of 1937.

SB44-SSA1, s. 2668 Section 2668. 753.07 (4) of the statutes is amended to read:

SB44-SSA1,990,9 753.07 (4) Court personnel; options. As state employees, county court judges, county court reporters, and assistant county court reporters, as specified in sub. (1), who are denominated or become circuit court judges and reporters on August 1, 1978, and persons serving as circuit court judges and circuit court reporters for Milwaukee County on July 31, 1978, shall have the option of remaining as participants under county life and health insurance programs to the extent of their participation in such programs on February 1, 1978. The state treasurer secretary of administration shall semiannually pay to the county treasurer, pursuant to a voucher submitted by the clerk of circuit court to the director of state courts, an amount equal to the state contribution for life and health insurance for other comparable state employees. The county shall pay the cost of any premiums for life and health insurance exceeding the sum of the state contribution and the employee contribution as required under the county programs.

SB44-SSA1, s. 2669 Section 2669. 757.05 (1) (b) of the statutes is amended to read:

SB44-SSA1,990,15 757.05 (1) (b) If a fine or forfeiture is imposed by a court of record, after a determination by the court of the amount due, the clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2.

SB44-SSA1, s. 2670 Section 2670. 757.05 (1) (c) of the statutes is amended to read:

SB44-SSA1,990,21 757.05 (1) (c) If a fine or forfeiture is imposed by a municipal court, after a determination by the court of the amount due, the court shall collect and transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment to the state treasurer secretary of administration as provided in s. 66.0114 (1) (bm).

SB44-SSA1, s. 2671 Section 2671. 757.05 (1) (d) of the statutes is amended to read:

SB44-SSA1,991,3 757.05 (1) (d) If any deposit of bail is made for a noncriminal offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the assessment prescribed in this subsection for forfeited bail. If bail is forfeited, the amount of the assessment shall be transmitted monthly to the state treasurer secretary of administration under this subsection. If bail is returned, the assessment shall also be returned.

SB44-SSA1, s. 2671g Section 2671g. 757.05 (2) (a) of the statutes is amended to read:

SB44-SSA1,991,10 757.05 (2) (a) Law enforcement training fund. Eleven twenty-fourths Forty-eight percent of all moneys collected from penalty assessments under sub. (1) shall be credited to the appropriation account under s. 20.455 (2) (i) and utilized in accordance with ss. 20.455 (2) and 165.85 (5). The moneys credited to the appropriation account under s. 20.455 (2) (i), except for the moneys transferred to s. 20.455 (2) (jb), constitute the law enforcement training fund.

SB44-SSA1, s. 2672 Section 2672. 758.19 (7) of the statutes is amended to read:

SB44-SSA1,991,23 758.19 (7) The director of state courts shall adopt, revise biennially and submit to the cochairpersons of the joint committee on information policy and technology, the governor and the department of electronic government secretary of administration, no later than September 15 of each even-numbered year, a strategic plan for the utilization of information technology to carry out the functions of the courts and judicial branch agencies, as defined in s. 16.70 (5). The plan shall address the business needs of the courts and judicial branch agencies and shall identify all resources relating to information technology which the courts and judicial branch agencies desire to acquire, contingent upon funding availability, the priority for such acquisitions and the justification for such acquisitions. The plan shall also identify any changes in the functioning of the courts and judicial branch agencies under the plan.

SB44-SSA1, s. 2683 Section 2683. 778.135 of the statutes is amended to read:

SB44-SSA1,992,10 778.135 Campaign finance forfeitures; how recovered. Notwithstanding s. 778.13, whenever any action or proposed action by the elections board under s. 5.05 (1) (c) is settled as a result of agreement between the parties without approval of the court, the moneys accruing to the state on account of such settlement shall be paid to the board and deposited with the state treasurer secretary of administration. Whenever any proposed action by a county board of election commissioners under s. 7.21 (2m) (a) is settled as a result of agreement between the parties, the moneys accruing to the county on account of such settlement shall be paid to the board of election commissioners and deposited with the county treasurer in the same manner as provided for forfeitures under s. 778.13.

SB44-SSA1, s. 2684 Section 2684. 778.136 of the statutes is amended to read:

SB44-SSA1,992,17 778.136 Ethics and lobbying forfeitures; how recovered. Notwithstanding s. 778.13, whenever any moneys are received by the ethics board or attorney general in settlement of a civil action or other civil matter for violation of the lobbying law or code of ethics for state public officials and employees under s. 19.545, the moneys shall accrue to the state and be deposited with the state treasurer secretary of administration.

SB44-SSA1, s. 2685 Section 2685. 778.17 of the statutes is amended to read:

SB44-SSA1,993,3 778.17 Statement to county board; payment to state. Every county treasurer shall, on the first day of the annual meeting of the county board, submit to it a verified statement of all moneys received by the county treasurer during the year next preceding from town, village, and city treasurers under this chapter, containing the names of such treasurers, the amount received from each, and the date of receipt. The county clerk shall deduct all expenses incurred by the county in recovering such forfeitures from the aggregate amount so received, and shall immediately certify to the county treasurer the amount of clear proceeds of such forfeitures, so ascertained, who shall pay the same to the state treasurer secretary of administration.

SB44-SSA1, s. 2690 Section 2690. 809.25 (2) (a) 1. of the statutes is amended to read:

SB44-SSA1,993,6 809.25 (2) (a) 1. For filing an appeal, cross-appeal, petition for review, petition to bypass, or other proceeding, $150 $195.

SB44-SSA1, s. 2691 Section 2691. 812.42 (2) (c) of the statutes is amended to read:

SB44-SSA1,993,15 812.42 (2) (c) In addition to the $15 garnishee fee, the garnishee shall receive a $3 fee for each payment delivered to the creditor under s. 812.39 after the first payment. That additional fee shall be deducted from the moneys delivered to the creditor. Those fees become part of the funds of the state if the department of administration is the garnishee, or funds of the appropriate governmental subdivision if any other governmental entity is the garnishee. The judgment creditor shall pay the initial garnishee fee to the treasurer of the state secretary of administration or other governmental subdivision, as applicable.

SB44-SSA1, s. 2692 Section 2692. 813.16 (7) of the statutes is amended to read:

SB44-SSA1,993,23 813.16 (7) If the person seeking the appointment of a receiver under sub. (1) is a savings and loan association or savings bank supervised by the division of banking or a corporation supervised by the division of savings institutions, home loan bank board, U.S. federal office of thrift supervision, federal deposit insurance corporation, or resolution trust corporation, the court, unless the opposing party objects, shall appoint an officer of such corporation as receiver to act without compensation and to give such bond as the court requires.

SB44-SSA1, s. 2693 Section 2693. 813.31 (1) of the statutes is amended to read:

SB44-SSA1,994,4 813.31 (1) In each case of termination of receivership as provided in s. 813.28, the court, except in cases where the proceedings have been certified to the proper court under s. 813.26 (1), shall set aside the sum there named and direct its payment by the receiver, to the state treasurer secretary of administration.

SB44-SSA1, s. 2694 Section 2694. 813.31 (2) of the statutes is amended to read:

SB44-SSA1,994,7 813.31 (2) The state treasurer secretary of administration shall retain or invest the funds thus paid in.