AB1039: Bill Text

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:

AB1039,118,6 938.34 (8d) (b) The clerk of 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.

AB1039,335 Section 335. 938.34 (8d) (c) of the statutes is amended to read:

AB1039,118,12 938.34 (8d) (c) If a juvenile placed in a juvenile correctional facility or a secured residential care center for children and youth fails to pay the surcharge under par. (a), the department of corrections shall assess and collect the amount owed from the juvenile's wages or other moneys. Any amount collected shall be transmitted to the secretary of administration state treasurer.

AB1039,336 Section 336. 961.41 (5) (b) of the statutes is amended to read:

AB1039,118,17 961.41 (5) (b) 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.

AB1039,337 Section 337. 973.042 (4) of the statutes is amended to read:

AB1039,118,22 973.042 (4) After determining the amount due, the clerk of 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.

AB1039,338 Section 338. 973.042 (5) of the statutes is amended to read:

AB1039,118,25 973.042 (5) The secretary of administration state treasurer shall credit the surcharge to the appropriation account under s. 20.455 (5) (gj).

AB1039,339 Section 339. 973.042 (6) of the statutes is amended to read:

AB1039,119,6 973.042 (6) If an inmate in a state prison or a person sentenced to a state prison has not paid the child pornography surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected under this subsection shall be transmitted to the secretary of administration state treasurer.

AB1039,340 Section 340. 973.043 (2) of the statutes is amended to read:

AB1039,119,11 973.043 (2) After determining the amount due, the clerk of 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.

AB1039,341 Section 341. 973.043 (4) of the statutes is amended to read:

AB1039,119,17 973.043 (4) If an inmate in a state prison or a person sentenced to a state prison has not paid the drug offender diversion surcharge under this section, 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.

AB1039,342 Section 342. 973.045 (2) of the statutes is amended to read:

AB1039,119,25 973.045 (2) After the clerk determines the amount due, the clerk of 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. The secretary of administration state treasurer shall credit to the appropriation account under s. 20.455 (5) (g) the amount paid to the secretary by the county treasurer under this subsection and any amount collected under sub. (4).

AB1039,343 Section 343. 973.045 (4) of the statutes is amended to read:

AB1039,120,6 973.045 (4) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime victim and witness assistance surcharge under this section, 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.

AB1039,344 Section 344. 973.046 (2) of the statutes is amended to read:

AB1039,120,11 973.046 (2) After the clerk of court determines the amount due, the clerk 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.

AB1039,345 Section 345. 973.046 (3) of the statutes is amended to read:

AB1039,120,15 973.046 (3) All moneys collected from deoxyribonucleic acid analysis surcharges shall be deposited by the secretary of administration state treasurer as specified in s. 20.455 (2) (Lm) and utilized under s. 165.77.

AB1039,346 Section 346. 973.046 (4) of the statutes is amended to read:

AB1039,120,21 973.046 (4) If an inmate in a state prison or a person sentenced to a state prison has not paid the deoxyribonucleic acid analysis surcharge under this section, 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.

AB1039,347 Section 347. 973.055 (2) of the statutes is amended to read:

AB1039,121,2 973.055 (2) (a) If the surcharge is imposed by a court of record, after the court determines 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.

AB1039,121,6 (b) If the surcharge 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).

AB1039,348 Section 348. 973.055 (3) of the statutes is amended to read:

AB1039,121,10 973.055 (3) All moneys collected from domestic abuse surcharges shall be deposited by the secretary of administration state treasurer in s. 20.437 (1) (hh) and utilized in accordance with s. 49.165.

AB1039,349 Section 349. 973.057 (2) (a) of the statutes is amended to read:

AB1039,121,16 973.057 (2) (a) If the surcharge is imposed by a court of record, after the court determines 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.

AB1039,350 Section 350. 973.057 (2) (b) of the statutes is amended to read:

AB1039,121,22 973.057 (2) (b) If the surcharge 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).

AB1039,351 Section 351. 973.057 (3) of the statutes is amended to read:

AB1039,122,3 973.057 (3) All moneys collected from global positioning system tracking surcharges shall be deposited by the secretary of administration state treasurer in s. 20.410 (1) (gL) and utilized in accordance with s. 301.49.

AB1039,352 Section 352. 978.12 (5) (c) 1. of the statutes is amended to read:

AB1039,122,11 978.12 (5) (c) 1. The salaries authorized under this section for the district attorney and the state employees of the office of district attorney shall be paid by the secretary of administration state treasurer to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration. The county treasurer shall pay the amounts directly to the district attorney and state employees of the office of district attorney and the amounts paid shall be subject to the retirement system established under chapter 201, laws of 1937.

AB1039,353 Section 353. 978.13 (1) (b) of the statutes is amended to read:

AB1039,122,19 978.13 (1) (b) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving felony violations under ch. 961. The secretary of administration state treasurer shall pay the amount authorized under this subsection to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration from the appropriation under s. 20.475 (1) (i).

AB1039,354 Section 354. 978.13 (1) (c) of the statutes is amended to read:

AB1039,123,3 978.13 (1) (c) In counties having a population of 500,000 or more, the salary and fringe benefit costs of clerk positions in the district attorney's office necessary for the prosecution of violent crime cases primarily involving felony violations under s. 939.63, if a felony is committed while armed, and under ss. 940.01 to 940.03, 940.05, 940.06, 940.225, 943.23 (1g), and 943.32 (2). The secretary of administration state treasurer shall pay the amount authorized under this subsection to the county treasurer pursuant to a voucher submitted by the district attorney to the secretary of administration from the appropriation under s. 20.475 (1) (i).

AB1039,355 Section 355. 978.13 (1) (d) of the statutes is amended to read:

AB1039,123,11 978.13 (1) (d) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving the unlawful possession or use of firearms. The secretary of administration state treasurer shall pay the amount authorized under this subsection to the county treasurer from the appropriation under s. 20.475 (1) (i) pursuant to a voucher submitted by the district attorney to the department of administration.

AB1039,356 Section 356 . Nonstatutory provisions.

AB1039,123,14 (1) Transfer of the cash management functions of the department of administration.

AB1039,123,19 (a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of administration that the secretary of administration determines to be primarily related to the cash management functions of the department of administration become the assets and liabilities of the office of the state treasurer on the effective date of this paragraph.

AB1039,123,25 (b) Employee transfer. All incumbent employees who hold positions in the department of administration performing duties that the secretary of administration determines to be primarily related to the cash management functions of the department of administration, and the full-time equivalent positions held by those employees, are transferred to the office of the state treasurer on the effective date of this paragraph.

AB1039,124,6 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the office of the state treasurer that they enjoyed in the department of administration immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB1039,124,11 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration that the secretary of administration determines to be primarily related to the cash management functions of the department of administration is transferred to the office of the state treasurer.

AB1039,124,18 (e) Contracts. All contracts that were entered into by the department of administration that the secretary of administration determines to be primarily related to the cash management functions of the department of administration, and that are in effect on the effective date of this paragraph remain in effect and are transferred to the office of the state treasurer. The office of the state treasurer shall carry out any obligations under such a contract until the contract is modified or rescinded by the office of the state treasurer to the extent allowed under the contract.

AB1039,125,3 (f) Rules and orders. All rules promulgated, and all orders issued, by the department of administration that the secretary of administration determines to be primarily related to the cash management functions of the department of administration, and that are in effect on the effective date of this paragraph, remain in effect until their specified expiration date or until amended or repealed by the office of the state treasurer. All orders issued by the department of administration in effect on the effective date of this paragraph that the secretary of administration determines to be primarily related to the cash management functions of the department of administration remain in effect until their specified expiration dates or until modified or rescinded by the state treasurer.

AB1039,125,10 (g) Pending matters. Any matter pending with the department of administration that the secretary of administration determines to be primarily related to the cash management functions of the department of administration is transferred to the office of the state treasurer, and all materials submitted to or actions taken by the department of administration with respect to the pending matter are considered as having been submitted to or taken by the office of the state treasurer.

AB1039,125,12 (2) Transfer of college savings programs duties to the department of administration.

AB1039,125,17 (a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of administration that the secretary of administration determines to be primarily related to the department of administration's duties under sections 16.64, 16.641, and 16.642, 2015 stats., become the assets and liabilities of the office of the state treasurer on the effective date of this paragraph.

AB1039,125,23 (b) Employee transfer. All incumbent employees who hold positions in the department of administration performing duties that the secretary of administration determines to be primarily related to the department of administration's duties under sections 16.64, 16.641, and 16.642, 2015 stats., and the full-time equivalent positions held by those employees, are transferred to the office of the state treasurer on the effective date of this paragraph.

AB1039,126,4 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the office of the state treasurer that they enjoyed in the department of administration immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB1039,126,9 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration that the secretary of administration determines to be primarily related to the department of administration's duties under sections 16.64, 16.641, and 16.642, 2015 stats., is transferred to the office of the state treasurer.

AB1039,126,17 (e) Contracts. All contracts that were entered into by the department of administration that the secretary of administration determines to be primarily related to the department of administration's duties under sections 16.64, 16.641, and 16.642, 2015 stats., and that are in effect on the effective date of this paragraph remain in effect and are transferred to the office of the state treasurer. The office of the state treasurer shall carry out any obligations under such a contract until the contract is modified or rescinded by the office of the state treasurer to the extent allowed under the contract.

AB1039,127,3 (f) Rules and orders. All rules promulgated, and all orders issued, by the department of administration that the secretary of administration determines to be primarily related to the department of administration's duties under sections 16.64, 16.641, and 16.642, 2015 stats., and that are in effect on the effective date of this paragraph, remain in effect until their specified expiration date or until amended or repealed by the office of the state treasurer. All orders issued by the department of administration in effect on the effective date of this paragraph that the secretary of administration determines to be primarily related to the department of administration's duties under sections 16.64, 16.641, and 16.642, 2015 stats., remain in effect until their specified expiration dates or until modified or rescinded by the state treasurer.

AB1039,127,10 (g) Pending matters. Any matter pending with the department of administration that the secretary of administration determines to be primarily related to the department of administration's duties under sections 16.64, 16.641, and 16.642, 2015 stats., is transferred to the office of the state treasurer, and all materials submitted to or actions taken by the department of administration with respect to the pending matter are considered as having been submitted to or taken by the office of the state treasurer.

AB1039,127,12 (3) Transfer of local government pooled-investment duties to the department of administration.

AB1039,127,17 (a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of administration that the secretary of administration determines to be primarily related to the department of administration's duties under section 25.50, 2015 stats., become the assets and liabilities of the office of the state treasurer on the effective date of this paragraph.

AB1039,127,23 (b) Employee transfer. All incumbent employees who hold positions in the department of administration performing duties that the secretary of administration determines to be primarily related to the department of administration's duties under section 25.50, 2015 stats., and the full-time equivalent positions held by those employees, are transferred to the office of the state treasurer on the effective date of this paragraph.

AB1039,128,4 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the office of the state treasurer that they enjoyed in the department of administration immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB1039,128,9 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration that the secretary of administration determines to be primarily related to the department of administration's duties under section 25.50, 2015 stats., is transferred to the office of the state treasurer.

AB1039,128,16 (e) Contracts. All contracts that were entered into by the department of administration that the secretary of administration determines to be primarily related to the department of administration's duties under section 25.50, 2015 stats., and that are in effect on the effective date of this paragraph remain in effect and are transferred to the office of the state treasurer. The office of the state treasurer shall carry out any obligations under such a contract until the contract is modified or rescinded by the office of the state treasurer to the extent allowed under the contract.

AB1039,129,2 (f) Rules and orders. All rules promulgated, and all orders issued, by the department of administration that the secretary of administration determines to be primarily related to the department of administration's duties under section 25.50, 2015 stats., and that are in effect on the effective date of this paragraph, remain in effect until their specified expiration date or until amended or repealed by the office of the state treasurer. All orders issued by the department of administration in effect on the effective date of this paragraph that the secretary of administration determines to be primarily related to the department of administration's duties under section 25.50, 2015 stats., remain in effect until their specified expiration dates or until modified or rescinded by the state treasurer.

AB1039,129,9 (g) Pending matters. Any matter pending with the department of administration that the secretary of administration determines to be primarily related to the department of administration's duties under section 25.50, 2015 stats., is transferred to the office of the state treasurer, and all materials submitted to or actions taken by the department of administration with respect to the pending matter are considered as having been submitted to or taken by the office of the state treasurer.

AB1039,129,11 (4) Transfer of unclaimed property program to office of the state treasurer.

AB1039,129,16 (a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of revenue that the secretary of administration determines to be primarily related to activities under chapter 177 become the assets and liabilities of the office of the state treasurer on the effective date of this paragraph.

AB1039,129,21 (b) Employee transfer. All incumbent employees who hold positions in the department of revenue performing duties that the secretary of administration determines to be primarily related to chapter 177, and the full-time equivalent positions held by those employees, are transferred to the office of the state treasurer on the effective date of this paragraph.

AB1039,130,2 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the office of the state treasurer that they enjoyed in the department of revenue immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB1039,130,6 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of revenue that the secretary of administration determines to be primarily related to activities under chapter 177 is transferred to the office of the state treasurer.

AB1039,130,13 (e) Contracts. All contracts that were entered into by the department of revenue that the secretary of administration determines to be primarily related to activities under chapter 177, and that are in effect on the effective date of this paragraph remain in effect and are transferred to the office of the state treasurer. The office of the state treasurer shall carry out any obligations under such a contract until the contract is modified or rescinded by the office of the state treasurer to the extent allowed under the contract.

AB1039,130,22 (f) Rules and orders. All rules promulgated, and all orders issued, by the department of revenue that the secretary of administration determines to be primarily related to activities under chapter 177, and that are in effect on the effective date of this paragraph, remain in effect until their specified expiration date or until amended or repealed by the office of the state treasurer. All orders issued by the department of administration in effect on the effective date of this paragraph that the secretary of administration determines to be primarily related to activities under chapter 177 remain in effect until their specified expiration dates or until modified or rescinded by the state treasurer.

AB1039,131,3 (g) Pending matters. Any matter pending with the department of revenue that the secretary of administration determines to be primarily related to activities under chapter 177 is transferred to the office of the state treasurer, and all materials submitted to or actions taken by the department of revenue with respect to the pending matter are considered as having been submitted to or taken by the office of the state treasurer.

AB1039,131,5 (5) Transfer of administrative services provided to the board of commissioners of public lands.

AB1039,131,10 (a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of administration that the secretary of administration determines to be primarily related to administrative services provided to the board of commissioners of public lands become the assets and liabilities of the office of the state treasurer on the effective date of this paragraph.

AB1039,131,16 (b) Employee transfer. All incumbent employees who hold positions in the department of administration performing duties that the secretary of administration determines to be primarily related to administrative services provided to the board of commissioners of public lands, and the full-time equivalent positions held by those employees, are transferred to the office of the state treasurer on the effective date of this paragraph.

AB1039,131,22 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the office of the state treasurer that they enjoyed in the department of administration immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB1039,132,2 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration that the secretary of administration determines to be primarily related to administrative services provided to the board of commissioners of public lands is transferred to the office of the state treasurer.