SB44: Bill Text

SB44, s. 2611 Section 2611. 350.138 (9) of the statutes is amended to read:

SB44,996,12 350.138 (9) Inspection authorized. The department or the office of the commissioner of railroads department of transportation may inspect the site of a proposed snowmobile rail crossing or the site of a snowmobile rail crossing for which a permit has been issued to determine whether there are grounds to refuse to issue a permit under sub. (4) or to revoke a permit under sub. (8).

SB44, s. 2612 Section 2612. 350.139 (5) of the statutes is amended to read:

SB44,996,18 350.139 (5) Inspection authorized. The department or the office of the commissioner of railroads department of transportation may inspect an established snowmobile rail crossing to determine whether the snowmobile organization maintaining the crossing is in compliance with the requirements imposed under sub. (4).

SB44, s. 2613 Section 2613. 350.1395 (2) (b) 2. of the statutes is amended to read:

SB44,996,25 350.1395 (2) (b) 2. The department shall hold a hearing on a petition filed under subd. 1. after giving notice of the hearing to the rail authority, the snowmobile organization, and the office of the commissioner of railroads department of transportation. The hearing shall be a contested case hearing under ch. 227. The department's department of natural resources' order shall be a final order subject to judicial review under ch. 227.

SB44, s. 2614 Section 2614. 350.1395 (2) (b) 3. (intro.) of the statutes is amended to read:

SB44,997,6 350.1395 (2) (b) 3. (intro.) The department shall grant a rail authority's petition under subd. 2. to close or remove a snowmobile rail crossing if, after a hearing under subd. 2., and after giving substantial weight to the office of the commissioner of railroads' department of transportation's testimony or report given under s. 195.03 (30) (b), the department of natural resources finds that any of the following applies:

SB44, s. 2615 Section 2615. 350.1395 (4) (b) of the statutes is amended to read:

SB44,997,13 350.1395 (4) (b) The department may not promulgate a rule under this subsection without first consulting with each rail authority in this state that has furnished the department with the information required under s. 350.138 (2m), an established snowmobile association that represents snowmobile clubs, as defined in s. 350.138 (1) (e), in this state, and the office of the commissioner of railroads department of transportation.

SB44, s. 2616 Section 2616. 351.07 (1g) of the statutes is amended to read:

SB44,997,20 351.07 (1g) No person may file a petition for an occupational license under sub. (1) unless he or she first pays a fee of $40 to the clerk of the circuit court. The clerk of the circuit court shall give the person a receipt and forward the fee to the county treasurer. That treasurer shall pay 50% of the fee to the state treasurer secretary of administration under s. 59.25 (3) (m) and retain the balance for the use of the county.

SB44, s. 2617 Section 2617. 445.125 (1) (a) 2. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

SB44,997,25 445.125 (1) (a) 2. Notwithstanding s. 701.12 (1), such agreements may be made irrevocable as to the first $3,000 $1,500 of the funds paid under the agreement by each depositor.

SB44, s. 2618 Section 2618. 552.23 (1) of the statutes is amended to read:

SB44,998,12 552.23 (1) If the target company is an insurance company subject to regulation by the commissioner of insurance, a banking corporation subject to regulation by the division of banking, a , savings bank, or savings and loan association subject to regulation by the division of savings institutions banking, or a company subject to regulation by the public service commission, or the department of transportation or the office of the commissioner of railroads, the division of securities shall promptly furnish a copy of the registration statement filed under this chapter to the regulatory agency having supervision of the target company. Any hearing under this chapter involving any such target company shall be held jointly with the regulatory agency having supervision, and any determination following the hearing shall be made jointly with that regulatory agency.

SB44, s. 2619 Section 2619. 560.045 (1) of the statutes is amended to read:

SB44,998,21 560.045 (1) Notwithstanding s. 16.54 (2) (a), from moneys received under a community development block grant, 42 USC 5301 to 5320, the department shall contract with the department of administration for the administration of housing programs, including the housing improvement grant program and the initial rehabilitation grant program. To the extent allowed under federal law or regulation, the department shall give priority in the awarding of grants under the housing programs to grants for projects related to the redevelopment of brownfields, as defined in s. 560.60 (1v).

SB44, s. 2620 Section 2620. 560.13 of the statutes is repealed.

SB44, s. 2621 Section 2621. 560.138 (1) (ac) of the statutes is amended to read:

SB44,998,25 560.138 (1) (ac) "Brownfields" has the meaning given in s. 560.13 (1) (a) 560.60 (1v).

SB44, s. 2622 Section 2622. 560.139 (1) (c) of the statutes is repealed.

SB44, s. 2623 Section 2623. 560.18 of the statutes is repealed.

SB44, s. 2624 Section 2624. 560.25 of the statutes, as affected by 2001 Wisconsin Act 16, is repealed.

SB44, s. 2625 Section 2625. 560.41 (1) of the statutes is repealed.

SB44, s. 2626 Section 2626. 560.44 of the statutes is repealed.

SB44, s. 2627 Section 2627. 560.605 (1) (i) of the statutes is amended to read:

SB44,999,9 560.605 (1) (i) The eligible recipient has not received a grant under s. 560.25, 2001 stats.

SB44, s. 2628 Section 2628. 560.62 (2m) of the statutes is repealed.

SB44, s. 2629 Section 2629. 562.02 (1) (g) of the statutes is amended to read:

SB44,999,17 562.02 (1) (g) At least once every 3 months, file a written report on the operation of racing in this state with the governor, the attorney general, the state treasurer secretary of administration, the secretary of state, the legislative audit bureau, the president of the senate, and the speaker of the assembly. The report shall include information on racetrack operations, race attendance, and private, state, and local revenues derived from racing in this state.

SB44, s. 2630 Section 2630. 565.25 (1m) of the statutes is amended to read:

SB44,999,25 565.25 (1m) Scope of authority. Subject to approval by the secretary of revenue, the administrator may determine whether lottery functions shall be performed by department of revenue employees or by one or more persons under contract with the department of administration, except that no contract may provide for the entire management of the lottery or for the entire operation of the lottery by any private person. The department of administration may contract for management consultation services to assist in the management or operation of the lottery. The department of administration may not contract for financial auditing or security monitoring services, except that, if for financial auditing services and procurement functions relating to the state lottery. 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. 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, s. 2631 Section 2631. 565.25 (2) (a) 4. of the statutes is repealed and recreated to read:

SB44,1000,22 565.25 (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 releases the specifications in invitations for bids or competitive sealed proposals. The department 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).

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

SB44,1001,3 565.37 (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, s. 2633 Section 2633. 569.06 of the statutes is renumbered 569.06 (1) and amended to read:

SB44,1001,11 569.06 (1) General allocation. Except as provided in sub. (2), Indian gaming receipts received in any fiscal year, up to $24,352,500, 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). Except as provided under sub. (2), Indian gaming receipts received in any fiscal year in excess of the amount specified in this subsection shall be paid into the general fund.

SB44, s. 2634 Section 2634. 569.06 (2) of the statutes is created to read:

SB44,1001,18 569.06 (2) Limitations on payments to general fund. (a) Fiscal year 2003-04. Not more than $112,000,000 may be paid into the general fund under sub. (1) during the 2003-04 fiscal year. Indian gaming receipts in excess of this amount that would otherwise be required to be paid into the general fund under sub. (1) 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).

SB44,1001,24 (b) Fiscal year 2004-05 and thereafter. Not more than $125,000,000 may be paid into the general fund under sub. (1) during the 2004-05 fiscal year and any fiscal year thereafter. Indian gaming receipts in excess of this amount that would otherwise be required to be paid into the general fund under sub. (1) 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).

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

SB44,1002,4 601.13 (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, s. 2636 Section 2636. 601.13 (3) (intro.) of the statutes is amended to read:

SB44,1002,10 601.13 (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, s. 2637 Section 2637. 601.13 (5) of the statutes is amended to read:

SB44,1002,22 601.13 (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, s. 2638 Section 2638. 601.13 (6) of the statutes is amended to read:

SB44,1003,3 601.13 (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, s. 2639 Section 2639. 601.13 (8) (intro.) of the statutes is amended to read:

SB44,1003,7 601.13 (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, s. 2640 Section 2640. 601.13 (11) of the statutes is amended to read:

SB44,1003,15 601.13 (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, s. 2641 Section 2641. 601.17 of the statutes is repealed.

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

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

SB44,1003,24 601.45 (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, s. 2644 Section 2644. 601.62 (4) of the statutes is amended to read:

SB44,1004,7 601.62 (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, s. 2645 Section 2645. 604.04 (4) of the statutes is amended to read:

SB44,1004,12 604.04 (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, s. 2646 Section 2646. 604.05 of the statutes is amended to read:

SB44,1004,21 604.05 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, s. 2647 Section 2647. 604.06 (1) of the statutes is amended to read:

SB44,1004,24 604.06 (1) Custody. The state treasurer secretary of administration has sole custody of all assets of funds under chs. 605 to 607.

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

SB44,1005,4 604.07 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, s. 2649 Section 2649. 605.30 of the statutes is amended to read:

SB44,1005,12 605.30 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, s. 2650 Section 2650. 611.76 (4) (e) of the statutes is amended to read:

SB44,1005,20 611.76 (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, s. 2651 Section 2651. 632.746 (7m) of the statutes is created to read:

SB44,1005,24 632.746 (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.

SB44,1006,6 (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:

SB44,1006,9 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.

SB44,1006,15 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.

SB44,1006,19 (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, s. 2652 Section 2652. 655.26 (2) of the statutes is amended to read:

SB44,1006,25 655.26 (2) By the 15th day of each month, the board of governors shall report the information specified in sub. (1) to the medical examining board for each claim paid by the fund or from the appropriation under s. 20.145 (2) (a) during the previous month for damages arising out of the rendering of health care services by a health care provider or an employee of a health care provider.

SB44, s. 2653 Section 2653. 655.27 (3) (am) of the statutes is amended to read:

SB44,1007,11 655.27 (3) (am) Assessments for peer review council. The fund, a mandatory health care liability risk-sharing plan established under s. 619.04 , and a private health care liability insurer shall be assessed, as appropriate, fees sufficient to cover the costs of the patients compensation fund peer review council, including costs of administration, for reviewing claims paid by the fund, or from the appropriation under s. 20.145 (2) (a), by the plan, and by the insurer, respectively, under s. 655.275 (5). The fees shall be set by the commissioner by rule, after approval by the board of governors, and shall be collected by the commissioner for deposit in the fund. The costs of the patients compensation fund peer review council shall be funded from the appropriation under s. 20.145 (2) (um).

SB44, s. 2654 Section 2654. 655.27 (4) (a) of the statutes is amended to read:

SB44,1007,15 655.27 (4) (a) Moneys shall be withdrawn from the fund, or paid from the appropriation under s. 20.145 (2) (a), by the commissioner only upon vouchers approved and authorized by the board of governors.

SB44, s. 2655 Section 2655. 655.27 (5) (e) of the statutes is amended to read:

SB44,1007,21 655.27 (5) (e) Claims filed against the fund shall be paid in the order received within 90 days after filing unless appealed by the fund. If the amounts in the fund are not sufficient to pay all of the claims, claims received after the funds are exhausted shall be immediately payable the following year in the order in which they were received paid from the appropriation under s. 20.145 (2) (a).

SB44, s. 2656 Section 2656. 655.275 (5) (a) (intro.) of the statutes is amended to read:

SB44,1008,4 655.275 (5) (a) (intro.) The council shall review, within one year of the date of first payment on the claim, each claim that is paid by the fund, or from the appropriation under s. 20.145 (2) (a), by a mandatory health care liability risk-sharing plan established under s. 619.04, by a private health care liability insurer, or by a self-insurer for damages arising out of the rendering of medical care by a health care provider or an employee of the health care provider and shall make recommendations to all of the following: