AB1039: Bill Text

AB1039,291 Section 291. 601.13 (11) of the statutes is amended to read:

AB1039,104,19 601.13 (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 secretary of administration state treasurer 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.

AB1039,292 Section 292. 601.45 (3) of the statutes is amended to read:

AB1039,104,25 601.45 (3) Deposit. The commissioner may require any examinee, before or from time to time during an examination, to deposit with the secretary of administration state treasurer 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 account under s. 20.145 (1) (g) 1.

AB1039,293 Section 293. 601.62 (4) of the statutes is amended to read:

AB1039,105,8 601.62 (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 secretary of administration, authorized by the certificate of the commissioner, and shall be charged to the appropriation under s. 20.145 (1) (g) 1.

AB1039,294 Section 294. 604.04 (4) of the statutes is amended to read:

AB1039,105,14 604.04 (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 secretary of administration state treasurer out of the appropriate fund in accordance with procedures of the department of administration.

AB1039,295 Section 295. 604.05 of the statutes is amended to read:

AB1039,105,23 604.05 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 secretary of administration state treasurer 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.

AB1039,296 Section 296. 604.06 (1) of the statutes is amended to read:

AB1039,106,2 604.06 (1) Custody. The secretary of administration state treasurer has sole custody of all assets of funds under chs. 605 to 607.

AB1039,297 Section 297. 604.07 of the statutes is amended to read:

AB1039,106,7 604.07 Bonds. The commissioner as manager of the funds and the secretary of administration state treasurer 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.

AB1039,298 Section 298. 605.30 of the statutes is amended to read:

AB1039,106,15 605.30 Inadequacy of fund. If the property fund does not have sufficient assets to pay claims that are due, the 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 losses warrant. The property fund shall thereafter repay the general fund this amount and the secretary of administration shall issue warrants for such transfer the amount as soon as there are assets in the property fund.

AB1039,299 Section 299. 611.76 (4) (e) of the statutes is amended to read:

AB1039,106,23 611.76 (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 secretary of administration state treasurer at his or her discretion and the proceeds credited to the common school fund; and

AB1039,300 Section 300. 645.73 (1) of the statutes is amended to read:

AB1039,107,6 645.73 (1) Unclaimed funds. The liquidator, as provided in ch. 177, shall report and deliver to the secretary of revenue state treasurer all unclaimed funds subject to distribution remaining in the liquidator's hands when he or she is ready to apply to the court for discharge, including the amount distributable to any creditor, shareholder, member or other person who is unknown or cannot be found or who is under disability with no person legally competent to receive a distributive share.

AB1039,301 Section 301. 645.73 (2) of the statutes is amended to read:

AB1039,107,14 645.73 (2) Withheld funds. All funds withheld under s. 645.64 and not distributed shall upon discharge of the liquidator be deposited with the secretary of revenue state treasurer and paid by the secretary state treasurer in accordance with s. 645.64. Any sums remaining which under s. 645.64 would revert to the undistributed assets of the insurer shall be transferred to the secretary of revenue state treasurer and become the property of the state under sub. (1), unless the commissioner petitions the court to reopen the liquidation under s. 645.75.

AB1039,302 Section 302. 704.90 (5) (b) 2. d. of the statutes is amended to read:

AB1039,107,22 704.90 (5) (b) 2. d. A statement that unless the rent and other charges are paid within the time period under subd. 2. c., the personal property may be disposed of if the fair market value of the property is less than $100 or will be sold, a specification of the date, time and place of the sale and a statement that if the property is sold the operator shall apply the proceeds of the sale first to satisfy the lien and shall report and deliver any balance to the secretary of revenue state treasurer as provided under ch. 177.

AB1039,303 Section 303. 704.90 (6) (b) of the statutes is amended to read:

AB1039,108,3 704.90 (6) (b) The operator shall apply the proceeds of the sale first to satisfy the lien under sub. (3) (a). The operator shall report and deliver any balance to the secretary of revenue state treasurer as provided under ch. 177.

AB1039,304 Section 304. 707.28 (3) (f) 2. b. of the statutes is amended to read:

AB1039,108,10 707.28 (3) (f) 2. b. If no party held a lien or security interest junior to that of the foreclosing entity, or if all parties holding junior liens or security interests have been paid, any surplus shall be paid to the former time-share owner. If the foreclosing entity is unable to locate the former time-share owner within one year after the foreclosure sale, the foreclosing entity shall deliver the surplus to the secretary of revenue state treasurer as provided under ch. 177.

AB1039,305 Section 305. 753.07 (2) (a) of the statutes is amended to read:

AB1039,108,20 753.07 (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 secretary of administration state treasurer 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.

AB1039,306 Section 306. 753.07 (3) (a) of the statutes is amended to read:

AB1039,109,2 753.07 (3) (a) The salaries authorized under ss. 230.12 and 751.02 for the judges and reporters shall be paid by the secretary of administration state treasurer 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.

AB1039,307 Section 307. 753.07 (4) of the statutes is amended to read:

AB1039,109,16 753.07 (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 secretary of administration state treasurer 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.

AB1039,308 Section 308. 757.05 (1) (b) of the statutes is amended to read:

AB1039,109,22 757.05 (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 secretary of administration state treasurer as provided in s. 59.25 (3) (f) 2.

AB1039,309 Section 309. 757.05 (1) (c) of the statutes is amended to read:

AB1039,110,3 757.05 (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 secretary of administration state treasurer as provided in s. 66.0114 (1) (bm).

AB1039,310 Section 310. 757.05 (1) (d) of the statutes is amended to read:

AB1039,110,10 757.05 (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 surcharge under this subsection for forfeited bail. If bail is forfeited, the amount of the surcharge shall be transmitted monthly to the secretary of administration state treasurer under this subsection. If bail is returned, the surcharge shall also be returned.

AB1039,311 Section 311. 778.135 of the statutes is amended to read:

AB1039,110,18 778.135 Campaign finance, lobbying, and ethics forfeitures; how recovered. Notwithstanding s. 778.13, whenever any action or proposed action by the elections commission under s. 5.05 (1) (c) or the ethics commission under s. 19.49 (1) (b) 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 commission and deposited with the secretary of administration state treasurer.

AB1039,312 Section 312. 778.17 of the statutes is amended to read:

AB1039,111,4 778.17 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 secretary of administration state treasurer.

AB1039,313 Section 313. 812.42 (2) (c) of the statutes is amended to read:

AB1039,111,13 812.42 (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 secretary of administration state treasurer or other governmental subdivision, as applicable.

AB1039,314 Section 314. 813.31 of the statutes is amended to read:

AB1039,111,19 813.31 Absentee insurance fund. (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 secretary of administration state treasurer.

AB1039,111,21 (2) The secretary of administration state treasurer shall retain or invest the funds thus paid in.

AB1039,112,2 (3) If at any time thereafter an absentee whose estate has been distributed under a final finding and judgment made as herein provided shall appear and make claim for reimbursement, the court may in a proceeding by the claimant against the secretary of administration state treasurer order payment to the claimant as in its opinion may be fair and adequate under the circumstances.

AB1039,315 Section 315. 814.60 (1) of the statutes is amended to read:

AB1039,112,9 814.60 (1) In a criminal action, the clerk of circuit court shall collect a fee of $163 for all necessary filing, entering, or recording, to be paid by the defendant when judgment is entered against the defendant. Of the fees received by the clerk of circuit court under this subsection, the county treasurer shall pay 93.87 percent to the secretary of administration state treasurer for deposit in the general fund and shall retain the balance for the use of the county.

AB1039,316 Section 316. 814.61 (1) (a) of the statutes is amended to read:

AB1039,112,17 814.61 (1) (a) Except as provided under pars. (c), (d), and (e), at the commencement of all civil actions and special proceedings not specified in ss. 814.62 to 814.66, $75. Of the fees received by the clerk under this paragraph, the county treasurer shall pay $45 to the secretary of administration state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration state treasurer shall credit $15 of the $45 to the appropriation under s. 20.680 (2) (j).

AB1039,317 Section 317. 814.61 (3) of the statutes is amended to read:

AB1039,112,25 814.61 (3) Third-party complaint. When any defendant files a 3rd-party complaint, the defendant shall pay a fee of $45. The defendant shall pay only one such $45 fee in an action. Of the fees received by the clerk under this subsection, the county treasurer shall pay $25 to the secretary of administration state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration state treasurer shall credit $5 of the $25 to the appropriation under s. 20.680 (2) (j).

AB1039,318 Section 318. 814.61 (7) (a) of the statutes is amended to read:

AB1039,113,10 814.61 (7) (a) Except as provided in par. (b), upon the filing of any petition under s. 767.59 (1c) (a) or any motion, by either party, for the revision of a judgment or order in an action affecting the family, $30. No fee may be collected under this paragraph for any petition or motion by either party for the revision of a judgment or order involving child support, family support, or maintenance if both parties have stipulated to the revision of the judgment or order. Of the fees received by the clerk under this paragraph, the county treasurer shall pay 50 percent to the secretary of administration state treasurer for deposit in the general fund and shall retain the balance for the use of the county.

AB1039,319 Section 319. 814.61 (7) (b) of the statutes is amended to read:

AB1039,113,20 814.61 (7) (b) Upon the filing of any petition, motion, or order to show cause by either party under s. 767.451 or 767.481, $50. No fee may be collected under this paragraph for filing a petition, motion, or order to show cause for the revision of a judgment or order for legal custody or physical placement if both parties have stipulated to the revision of the judgment or order. Of the fees received by the clerk under this paragraph, the county treasurer shall pay 25 percent to the secretary of administration state treasurer for deposit in the general fund, retain 25 percent for the use of the county, and deposit 50 percent in a separate account to be used by the county exclusively for the purposes specified in s. 767.405.

AB1039,320 Section 320. 814.61 (8) (c) of the statutes is amended to read:

AB1039,114,2 814.61 (8) (c) Of the fees received by the clerk under par. (am) 1., the county treasurer shall pay $22.50 to the secretary of administration state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration state treasurer shall credit $5 of the $22.50 to the appropriation under s. 20.680 (2) (j).

AB1039,321 Section 321. 814.61 (8) (d) of the statutes is amended to read:

AB1039,114,7 814.61 (8) (d) Of the fees received by the clerk under par. (am) 2., the county treasurer shall pay $30 to the secretary of administration state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The state treasurer shall credit $5 of the $30 to the appropriation under s. 20.680 (2) (j).

AB1039,322 Section 322. 814.62 (1) of the statutes is amended to read:

AB1039,114,16 814.62 (1) Garnishment actions. The fee for commencing a garnishment action under ch. 812, including actions under s. 799.01 (1) (d) 2., is $20, except that there is no fee for commencing a garnishment action to satisfy an order for victim restitution under s. 973.20 (1r). Of the fees received by the clerk under this subsection, the county treasurer shall pay $12.50 to the secretary of administration state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration state treasurer shall credit $5 of the $12.50 to the appropriation under s. 20.680 (2) (j).

AB1039,323 Section 323. 814.62 (3) (d) 2. of the statutes is amended to read:

AB1039,114,22 814.62 (3) (d) 2. Of the fees received by the clerk under par. (a), the county treasurer shall pay $11.80 to the secretary of administration state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration state treasurer shall credit the $11.80 to the appropriation under s. 20.680 (2) (j).

AB1039,324 Section 324. 814.62 (3) (d) 3. of the statutes is amended to read:

AB1039,115,3 814.62 (3) (d) 3. Of the fees received by the clerk under par. (b), the county treasurer shall pay $27.20 to the secretary of administration state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration state treasurer shall credit $10 of the $27.20 to the appropriation under s. 20.680 (2) (j).

AB1039,325 Section 325. 814.63 (5) of the statutes is amended to read:

AB1039,115,9 814.63 (5) Of the fees received by the clerk under sub. (1) (b), the county treasurer shall pay $17.50 to the secretary of administration state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration state treasurer shall credit $5 of the $17.50 to the appropriation under s. 20.680 (2) (j).

AB1039,326 Section 326. 814.65 (1) of the statutes is amended to read:

AB1039,115,19 814.65 (1) Court costs. In a municipal court action, except for a financial responsibility violation under s. 344.62 (2) or for a violation of an ordinance in conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $38 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons, or the action is tried as a contested matter. Of each fee received by the judge under this subsection, the municipal treasurer shall pay monthly $5 to the secretary of administration state treasurer for deposit in the general fund and shall retain the balance for the use of the municipality.

AB1039,327 Section 327. 814.66 (3) of the statutes is amended to read:

AB1039,116,4 814.66 (3) The register in probate shall, on the first Monday of each month, pay into the office of the county treasurer all fees collected by him or her and in his or her hands and still unclaimed as of that day. Each county treasurer shall make a report under oath to the secretary of administration state treasurer on or before the 5th day of January, April, July, and October of all fees received by him or her under sub. (1) (a) to (f) up to the first day of each of those months and shall at the same time pay 66.67 percent of the fees to the secretary of administration state treasurer for deposit in the general fund. Each county treasurer shall retain the balance of fees received by him or her under this section for the use of the county.

AB1039,328 Section 328. 815.18 (3) (o) of the statutes is amended to read:

AB1039,116,6 815.18 (3) (o) Tuition units. Tuition units purchased under s. 16.64 14.63.

AB1039,329 Section 329. 815.18 (3) (p) of the statutes is amended to read:

AB1039,116,9 815.18 (3) (p) College savings accounts. An interest in a college savings account under s. 16.641 14.64.

AB1039,330 Section 330. 863.37 (2) (a) of the statutes is amended to read:

AB1039,116,19 863.37 (2) (a) Whenever payment of a legacy or a distributive share cannot be made to the person entitled to payment or it appears that the person may not receive or have the opportunity to obtain payment, the court may, on petition of a person interested or on its own motion, order that the funds be paid or delivered to the secretary of revenue state treasurer for deposit as provided under s. 177.23. Claims on the funds may be made under s. 863.39 within 10 years after the date of publication under s. 177.18. When a claimant to the funds resides outside the United States or its territories the court may require the personal appearance of the claimant before the court.

AB1039,331 Section 331. 863.39 (1) of the statutes is amended to read:

AB1039,116,25 863.39 (1) Generally. If any legacy or intestate property is not claimed by the distributee within 120 days after entry of final judgment, or within the time designated in the judgment, it shall be converted into money as close to the inventory value as possible and paid to the secretary of revenue state treasurer for deposit as provided under s. 177.23. Claims for the money shall be made under sub. (3).

AB1039,332 Section 332. 863.39 (3) (a) of the statutes is amended to read:

AB1039,117,16 863.39 (3) (a) Within 10 years after the date of publication under s. 177.18, any person claiming any amount deposited under sub. (1) may file in the probate court in which the estate was settled a petition alleging the basis of his or her claim. The court shall order a hearing upon the petition, and 20 days' notice of the hearing and a copy of the petition shall be given by the claimant to the department of revenue and to the attorney general, who may appear for the state at the hearing. If the claim is established it shall be allowed without interest, but including any increment which may have occurred on securities held, and the court shall so certify to the department of administration, which shall audit the claim. The secretary of revenue state treasurer shall pay the claim out of the appropriation under s. 20.566 (4) (j) 20.585 (1) (j). Before issuing the order distributing the estate, the court shall issue an order determining the death tax due, if any. If real property has been adjudged to escheat to the state under s. 852.01 (3) the probate court which made the adjudication may adjudge at any time before title has been transferred from the state that the title shall be transferred to the proper owners under this subsection.

AB1039,333 Section 333. 938.275 (2) (d) of the statutes is amended to read:

AB1039,118,2 938.275 (2) (d) Reimbursement payments shall be made to the clerk of courts of the county where the proceedings took place. Each payment shall be transmitted to the county treasurer, who shall deposit 25 percent of the amount paid for state-provided counsel in the county treasury and transmit the remainder to the secretary of administration state treasurer. Payments transmitted to the secretary of administration state treasurer shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L). The county treasurer shall deposit 100 percent of the amount paid for county-provided counsel in the county treasury.

AB1039,334 Section 334. 938.34 (8d) (b) of the statutes is amended to read: