2003 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Environment
Hazardous substances and environmental cleanup
This bill authorizes DNR to impose fees on persons who are subject to enforcement actions because of discharges of hazardous substances to cover the costs DNR incurs in reviewing the planning and implementation of environmental investigations and environmental cleanups.
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. 20.370 (2) (dh) of the statutes is amended to read:
20.370 (2) (dh) Solid waste management -- remediated property. All moneys received under ss. 292.11 (7) (d) 2., 292.13 (3), 292.15 (5), 292.21 (1) (c) 1. d., 292.35 (13) and, 292.55 (2), and 292.94 for the department's activities related to the issuance of determinations under s. 292.13 (2), remedial action cost recovery under s. 292.35 and, remediation of property under ss. 292.11 (7) (d), 292.15 (2) and (4), and 292.55 (1), and conducting reviews described in s. 292.94.
SECTION 2. 292.94 of the statutes is created to read:
292.94 Fees related to enforcement actions. The department may assess and collect fees from a person who is subject to an order or other enforcement action for a violation of s. 292.11 or 292.31 to cover the costs incurred by the department to review the planning and implementation of any environmental investigation or environmental cleanup that the person is required to conduct. The department shall promulgate rules for the assessment and collection of fees under this section. Fees collected under this section shall be credited to the appropriation account under s. 20.370 (2) (dh).
(End)
LRB-0459LRB-0459/P1
RPN:kmg:pg
2003 - 2004 LEGISLATURE
DOA:......Wagner - BB0147, Spending authority for falconry fees
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
natural resources
Fish, game, and wildlife
Under current law, DNR may charge a fee for the issuance of a permit to a person to take raptors for use in falconry. Current law requires that the fee be used by DNR for DNR activities relating to fish and wildlife. This bill allows DNR to use the fee for the endangered resources program instead of activities related to fish and wildlife.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.370 (1) (fs) of the statutes is amended to read:
20.370 (1) (fs) Endangered resources -- voluntary payments; sales, leases, and fees. As a continuing appropriation, from moneys received as amounts designated under ss. 71.10 (5) (b) and 71.30 (10) (b), the net amounts certified under ss. 71.10 (5) (h) 4. and 71.30 (10) (h) 3., all moneys received from the sale or lease of resources derived from the land in the state natural areas system, and all moneys received from fees collected under ss. 23.27 (3) (b), 29.319 (2), 29.563 (10), and 341.14 (6r) (b) 5., for the purposes of the endangered resources program, as defined under ss. 71.10 (5) (a) 2. and 71.30 (10) (a) 2. Three percent of the moneys certified under ss. 71.10 (5) (h) 4. and 71.30 (10) (h) 3. in each fiscal year and 3% of the fees received under s. 341.14 (6r) (b) 5. in each fiscal year shall be allocated for wildlife damage control and payment of claims for damage associated with endangered or threatened species, except that this combined allocation may not exceed $100,000 per fiscal year.
SECTION 2. 29.319 (2) of the statutes is amended to read:
29.319 (2) Any fees collected by the department under this section shall be deposited in the conservation fund to be used for department activities relating to fish and wildlife and credited to the appropriation for the endangered resources program under s. 20.370 (1) (fs).
(End)
LRB-0529LRB-0529/4
RAC:kmg:ch
2003 - 2004 LEGISLATURE
DOA:......Schaeffer - BB0190, Transfer of cash management functions of State Treasurer's office to the Department of Administration
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
State government
State finance
Under current law, the state treasurer performs a number of duties relating to carrying out the state's cash management functions. These duties include all of the following:
1. Having custody of moneys paid into the state treasury.
2. Issuing receipts for moneys paid into the state treasury.
3. Paying authorized claims from the state treasury.
4. Paying on warrants on the state treasury.
5. Accounting for all moneys paid into the state treasury and on interest that accrues on these moneys.
6. Maintaining receipts relating to moneys in the state treasury.
7. Reporting monthly to the governor on matters relating to the state treasury.
8. Providing certain reports to municipal governments relating to moneys paid to the governments.
9. Retaining certain securities on deposit with the state treasurer.
10. Retaining records relating to federal securities.
11. Selling certain investments.
12. Paying certain charges relating to credit card payments.
This bill transfers these duties relating to the state's cash management functions to DOA.
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. 13.94 (1) (a) of the statutes is amended to read:
13.94 (1) (a) Audit the books and accounts of the treasurer, the moneys on hand in the treasury and all bonds and securities belonging to all public funds on deposit in the treasury or properly accounted for by the treasurer secretary of administration, at least every 2 years; and report the result of such examination in writing to the governor and the joint committee on finance, specifying therein particularly the amount and kind of funds and of all such bonds and securities. The bureau shall transmit a certified copy of such report to the outgoing treasurer and successor secretary of administration.
SECTION 2. 13.94 (1) (d) 1. of the statutes is amended to read:
13.94 (1) (d) 1. At least once every 2 years, and at such other times as the governor or legislature directs, examine and see that all the money appearing by the books of the department of administration and state treasurer as belonging to the several funds is in the vaults of the treasury or in the several state depositories.
SECTION 3. 13.94 (1) (d) 2. of the statutes is amended to read:
13.94 (1) (d) 2. If the governor directs that such an examination be conducted, the order from the governor shall provide for reimbursement of the legislative audit bureau's costs in making the examination from the appropriation under s. 20.525 (1) (a). No order from the governor for an examination under this paragraph may take precedence over any examination already scheduled by the legislative audit bureau without approval of the joint legislative audit committee. If a deficiency is discovered pursuant to an examination under this paragraph, the governor shall require the treasurer secretary of administration to make up the deficiency immediately; and if the treasurer secretary of administration refuses or neglects for 10 days thereafter to have the full sum belonging to said funds in the treasury the attorney general shall institute proceedings to recover the deficiency.
SECTION 4. 13.94 (1) (f) of the statutes is amended to read:
13.94 (1) (f) Certify Whenever a new secretary of administration takes office, certify to the incoming treasurer secretary the balance in the treasury when he or she came into office and all bonds and securities belonging to all public funds on deposit in the treasury or properly accounted for and transmit a certified copy thereof to the outgoing treasurer secretary.
SECTION 5. 14.58 (1) (intro.) of the statutes is repealed and recreated to read:
14.58 (1) SIGN CHECKS, SHARE DRAFTS, AND OTHER DRAFTS. (intro.) Sign checks, share drafts, and other drafts on depositories in which moneys may be deposited in one of the following methods:
SECTION 6. 14.58 (2) of the statutes is renumbered 16.401 (2) and amended to read:
16.401 (2) ISSUE RECEIPTS. Issue receipts for all money paid to the treasurer department.
SECTION 7. 14.58 (3) of the statutes is renumbered 16.401 (3).
SECTION 8. 14.58 (4) of the statutes is renumbered 16.401 (4) and amended to read:
16.401 (4) PAY ON WARRANTS SUMS AUTHORIZED BY LAW. (a) Pay out of the treasury, on demand, upon the warrants of the department of administration, except as provided in s. 20.929, such sums only as are authorized by law to be so paid, if there are appropriate funds therein to pay the same, and, when any sum is required to be paid out of a particular fund, pay it out of such fund only; and upon each such warrant, when payment is made in currency, take the receipt endorsed on or annexed thereto, of the payee therein named or an authorized agent or assignee. The state treasurer secretary shall accept telephone advice believed by the treasurer him or her to be genuine from any public depository, as defined in s. 34.01 (5), stating that a specified amount of money has been deposited with such public depository for the credit of the state treasurer, and shall act upon such telephone advice as though it had been in writing.
(b) When in the judgment of the state treasurer secretary balances in state public depository accounts are temporarily in excess of that required under par. (a), the treasurer, with the concurrence of the secretary of administration, may authorize the preparation of a warrant in excess of the funds contained in transfer the excess balance to the investment fund for the purpose of investment only. The earnings attributable to the investment of temporary excess balances shall be distributed as provided in sub. (19) (14).
SECTION 9. 14.58 (5) of the statutes is renumbered 16.401 (5) and amended to read:
16.401 (5) ACCOUNT FOR INTEREST. Pay into the treasury and account for all sums directly or indirectly received by the treasurer secretary by virtue of the treasurer's secretary's office, or as interest or compensation for the use, deposit, or forbearance of any state moneys in the treasurer's secretary's hands or under the treasurer's secretary's control.
SECTION 10. 14.58 (6) of the statutes is renumbered 16.401 (6) and amended to read:
16.401 (6) KEEP CASH AND FUND ACCOUNTS. Keep records showing the number, date, and amount of each cash receipt issued by the treasurer's office department and classify said receipts by state funds; submit a summary statement of collections by fund together with a copy of each remittance advice in support thereof; keep also records showing the check, share draft, or other draft number, date, payee, and amount of each cash disbursement and classify said disbursements by state funds; keep a record of the date, payee, and amount of each disbursement made by a money transfer technique other than a check or draft and classify the disbursement by state fund; and verify at the end of each week the amounts shown by the treasurer's secretary's records to represent total cash balance and cash balances of individual state funds by comparing said amounts with corresponding balances appearing on records maintained by the department of administration.
SECTION 11. 14.58 (8) (intro.) and (a) to (c) of the statutes are renumbered 16.401 (7) (intro.) and (a) to (c).
SECTION 12. 14.58 (8) (d) of the statutes is repealed.
SECTION 13. 14.58 (9) of the statutes is renumbered 16.401 (8) and amended to read:
16.401 (8) BIENNIAL SUBMIT BIENNIAL REPORT. On or before October 15 of each odd-numbered year, submit to the governor and the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report containing the same information required of departments and independent agencies under s. 15.04 (1) (d). The report shall also As part of the report submitted under s. 15.04 (1) (d), include a statement showing for each of the 2 preceding fiscal years the cash balance in each state fund at the beginning of the fiscal year, the aggregate amount of receipts credited, and the aggregate amount of disbursements charged to each said fund during the fiscal year and the resultant cash balance in each state fund at the end of the fiscal year. This statement shall further show as of the end of each said 2 fiscal years, at par, the aggregate value of securities held for each state fund and the aggregate value of securities held in trust or deposited for safekeeping, and shall show the manner in which the total cash balance was accounted for by listing the balances on deposit in each state account in a public depository, deducting from the total of such balances the aggregate amount of checks, share drafts, or other drafts outstanding and adding thereto the aggregate amount of cash and cash items in office.
SECTION 14. 14.58 (10) of the statutes is renumbered 16.401 (9) and amended to read:
16.401 (9) REPORT CERTAIN PAYMENTS. Whenever the state treasurer secretary or any state department shall remit to any county, city, town, or village any sum in payment of a state aid or other item, the remitter shall transmit a statement of the amount and purpose thereof to the clerk of such municipality. After the receipt thereof, the clerk of such municipality shall present such statement at the next regular meeting of the governing body and shall thereafter file and keep such statement for 6 years.
SECTION 15. 14.58 (12) of the statutes is renumbered 16.401 (10) and amended to read:
16.401 (10) STAMP CHECKS AND DRAFTS. Cause to be plainly printed or stamped upon each check, share draft, and other draft issued by the state treasurer secretary the period of time, as determined by the state treasurer secretary but not to exceed one year, during which the check or other draft may be presented for payment. The state treasurer secretary shall cancel on his or her records any check or other draft that is not presented for payment within the prescribed time period and shall credit the amount thereof to the fund upon which it is drawn. Notice of such cancellation and credit shall be immediately submitted by the state treasurer to the department of administration.
SECTION 16. 14.58 (13) of the statutes is renumbered 16.401 (11) and amended to read:
16.401 (11) SERVICES PROVIDE SERVICES IN CONNECTION WITH SECURITIES HELD IN TRUST. Upon request therefor from any company, corporation, society, order, or association which that has securities on deposit with the treasurer secretary, in trust, mail to its address not to exceed 60 days before the same become due, any or all interest coupons; return to it any or all bonds, notes, or other deposits as they become due and are replaced by other securities; cut all interest coupons, make any endorsement of interest or otherwise on any such securities; and collect therefor from the company, corporation, society, order, or association making the request, a 25-cent fee for a single coupon cut, or for each entry of interest endorsed on a note or return of a bond, note, or other security, and a 10-cent fee for each additional coupon cut, or entry of interest endorsed on a note, bond, or other security, and may withhold any and all coupons cut or refuse endorsement of interest on securities until such fee is paid. Such fees shall be paid into the state treasury as a part of the general fund, and an extra charge may be required for postage or registered mail.
SECTION 17. 14.58 (17) of the statutes is renumbered 16.401 (12) and amended to read:
16.401 (12) SAFEKEEPING HOLD SAFEKEEPING RECEIPTS FOR FEDERAL SECURITIES. Whenever any federal securities are purchased under authority of any law and the state treasurer secretary is custodian thereof the treasurer secretary may accept and hold safekeeping receipts of a federal reserve bank for such securities. Each such receipt shall be identified on its face with the name of the fund to which the securities described in the receipt belong.
SECTION 18. 14.58 (18) of the statutes is renumbered 16.401 (13) and amended to read:
16.401 (13) SALE OF INVESTMENTS. Whenever the department of administration draws a check, share draft, or other draft dated the next following business day upon a fund whose investment and collection is under the exclusive control of the investment board pursuant to s. 25.17 (1), and the receipts of the state treasurer are insufficient to permit a disbursement from said fund in the amount of such check, share draft, or other draft, the investment board shall sell investments owned by such fund for delivery in time to provide sufficient money to cover such check, share draft, or other draft on the date which that it bears.
SECTION 19. 14.58 (19) of the statutes is renumbered 16.401 (14).
SECTION 20. 14.58 (21) of the statutes is repealed.
