AB1039: Bill Text

AB1039,19,5 18.60 (3) The principal proceeds from the sale of any refunding obligations shall be applied either to the immediate payment and retirement of the obligations or notes being refinanced or, if the obligations or notes have not matured and are not presently redeemable, to the creation of a trust for and shall be pledged to the payment of the obligations or notes being refinanced. If a trust is created, a separate deposit shall be made for each issue of obligations or notes being refinanced. Each deposit shall be with the secretary of administration state treasurer or a bank or trust company that is then a member of the federal deposit insurance corporation. If the total amount of any deposit, including money other than sale proceeds but legally available for such purpose, is less than the principal amount of the obligations or notes being refinanced and for the payment of which the deposit has been created and pledged, together with applicable redemption premiums and interest accrued and to accrue to maturity or to the date of redemption, then the application of the sale proceeds shall be legally sufficient only if the money deposited is invested in securities issued by the United States or one of its agencies, or securities fully guaranteed by the United States, and only if the principal amount of the securities at maturity and the income therefrom to maturity will be sufficient and available, without the need for any further investment or reinvestment, to pay at maturity or upon redemption the principal amount of the obligations or notes being refinanced together with applicable redemption premiums and interest accrued and to accrue to maturity or to the date of redemption. The income from the principal proceeds of the securities shall be applied solely to the payment of the principal of and interest and redemption premiums on the obligations or notes being refinanced, but provision may be made for the pledging and disposition of any surplus. Nothing in this subsection shall be construed as a limitation on the duration of any deposit in trust for the retirement of obligations or notes being refinanced, but which have not matured and which are not presently redeemable. Nothing in this subsection shall be construed to prohibit reinvestment of the income of a trust if the reinvestments will mature at such times that sufficient cash will be available to pay interest, applicable premiums, and principal on the obligations or notes being refinanced.

AB1039,36 Section 36. 19.43 (7) of the statutes is amended to read:

AB1039,19,19 19.43 (7) If an official required to file fails to make a timely filing, the commission shall promptly provide notice of the delinquency to the secretary of administration state treasurer, and to the chief executive of the department of which the official's office or position is a part, or, in the case of a district attorney, to the chief executive of that department and to the county clerk of each county served by the district attorney or in the case of a municipal judge to the clerk of the municipality of which the official's office is a part, or in the case of a justice, court of appeals judge, or circuit judge, to the director of state courts. Upon such notification both the secretary of administration state treasurer and the department, municipality, or director shall withhold all payments for compensation, reimbursement of expenses, and other obligations to the official until the commission notifies the officers to whom notice of the delinquency was provided that the official has complied with this section.

AB1039,37 Section 37 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB1039,38 Section 38. 20.437 (2) (qm) of the statutes is amended to read:

AB1039,20,7 20.437 (2) (qm) Child support state operations and reimbursement for claims and expenses; unclaimed payments. From the support collections trust fund, a sum sufficient equal to the amounts credited under s. 20.912 (1) to the support collections trust fund and the amounts not distributable under par. (r) for administering the program under s. 49.22 and all other purposes specified in s. 49.22 and for reimbursing the secretary of revenue state treasurer under s. 177.265.

AB1039,39 Section 39. 20.505 (1) (gc) of the statutes is renumbered 20.585 (1) (g).

AB1039,40 Section 40. 20.505 (1) (kj) of the statutes is amended to read:

AB1039,20,17 20.505 (1) (kj) Financial services. The amounts in the schedule to provide accounting, auditing, payroll, and other financial services to state agencies, to provide banking service cost analysis and cash management assistance for state agencies and state funds under s. 25.19 (3), and to transfer the amounts appropriated under s. 20.585 (1) (kb) to the appropriation account under s. 20.585 (1) (kb). All moneys received from the provision of accounting, auditing, payroll, and other financial services to state agencies and from assessments paid under s. 25.14 (3) shall be credited to this appropriation.

AB1039,41 Section 41. 20.505 (1) (tb) of the statutes is renumbered 20.585 (2) (q) and amended to read:

AB1039,21,2 20.585 (2) (q) Payment of qualified higher education expenses and refunds; college tuition and expenses program. From the tuition trust fund, a sum sufficient for the payment of qualified higher education expenses and refunds under s. 16.64 14.63 (5) and (7).

AB1039,42 Section 42. 20.505 (1) (td) of the statutes is renumbered 20.585 (2) (s) and amended to read:

AB1039,21,8 20.585 (2) (s) Administrative expenses; college tuition and expenses program. From the tuition trust fund, the amounts in the schedule for the administrative expenses of the college tuition and expenses program under s. 16.64 14.63, including the expense of promoting the program.

AB1039,43 Section 43. 20.505 (1) (tf) of the statutes is renumbered 20.585 (2) (t) and amended to read:

AB1039,21,14 20.585 (2) (t) Payment of qualified higher education expenses and refunds; college savings program trust fund. From the college savings program trust fund, a sum sufficient for the payment of qualified higher education expenses and refunds under s. 16.641 14.64 (2) and (3).

AB1039,44 Section 44. 20.505 (1) (th) of the statutes is renumbered 20.585 (2) (tm) and amended to read:

AB1039,21,20 20.585 (2) (tm) Administrative expenses; college savings program trust fund. From the college savings program trust fund, the amounts in the schedule for the administrative expenses of the college savings program under s. 16.641 14.64, including the expense of promoting the program.

AB1039,45 Section 45. 20.505 (1) (tj) of the statutes is renumbered 20.585 (2) (u) and amended to read:

AB1039,22,2 20.585 (2) (u) Payment of qualified higher education expenses and refunds; college savings program bank deposit trust fund. From the college savings program bank deposit trust fund, a sum sufficient for the payment of qualified higher education expenses and refunds under s. 16.641 14.64 (2) and (3).

AB1039,46 Section 46. 20.505 (1) (tL) of the statutes is renumbered 20.585 (2) (um) and amended to read:

AB1039,22,8 20.585 (2) (um) Administrative expenses; college savings program bank deposit trust fund. From the college savings program bank deposit trust fund, the amounts in the schedule for the administrative expenses of the college savings program under s. 16.641 14.64, including the expense of promoting the program.

AB1039,47 Section 47. 20.505 (1) (tn) of the statutes is renumbered 20.585 (2) (v) and amended to read:

AB1039,22,14 20.585 (2) (v) Payment of qualified higher education expenses and refunds; college savings program credit union deposit trust fund. From the college savings program credit union deposit trust fund, a sum sufficient for the payment of qualified higher education expenses and refunds under s. 16.641 14.64 (2) and (3).

AB1039,48 Section 48. 20.505 (1) (tp) of the statutes is renumbered 20.585 (2) (vm) and amended to read:

AB1039,22,20 20.585 (2) (vm) Administrative expenses; college savings program credit union deposit trust fund. From the college savings program credit union deposit trust fund, the amounts in the schedule for the administrative expenses of the college savings program under s. 16.641 14.64, including the expense of promoting the program.

AB1039,49 Section 49. 20.566 (4) of the statutes is repealed.

AB1039,50 Section 50. 20.585 (1) (a) of the statutes is created to read:

AB1039,22,24 20.585 (1) (a) General program operations. As a continuing appropriation, the amounts in the schedule for the general program operations of the state treasurer.

AB1039,51 Section 51 . 20.585 (1) (e) of the statutes is created to read:

AB1039,23,3 20.585 (1) (e) Unclaimed property; contingency appropriation. A sum sufficient to pay claims under ss. 177.24 to 177.26 and 863.39 (3). Money may be paid under this paragraph only if sufficient funds are not available under par. (j).

AB1039,52 Section 52 . 20.585 (1) (j) of the statutes is created to read:

AB1039,23,8 20.585 (1) (j) Unclaimed property; claims. All moneys received under ss. 177.23 (2), 852.01 (3), 863.37 (2), and 863.39 to pay claims under ss. 177.24 to 177.26 and 863.39 (3) and to transfer the amounts appropriated under par. (k) to the appropriation account under par. (k).

AB1039,53 Section 53 . 20.585 (1) (jt) of the statutes is created to read:

AB1039,23,13 20.585 (1) (jt) Cash management services. The amounts in the schedule for the cost of providing banking service cost analysis and cash management assistance for state agencies and state funds under s. 25.19 (3). The assessments paid under s. 25.14 (3) shall be credited to this appropriation account.

AB1039,54 Section 54. 20.585 (1) (k) of the statutes is amended to read:

AB1039,23,20 20.585 (1) (k) Administrative Unclaimed property; administrative expenses. From moneys transferred from the appropriation account under s. 20.566 (4) par. (j), the amounts in the schedule for the promotion of the unclaimed property program under administrative expenses incurred in administering ch. 177. Notwithstanding s. 20.001 (3) (a), at the end of each fiscal year the unencumbered balance in this appropriation shall revert to the appropriation under s. 20.566 (4) par. (j).

AB1039,55 Section 55. 20.585 (1) (kf) of the statutes is created to read:

AB1039,23,23 20.585 (1) (kf) Administrative services. All moneys received under s. 24.64 for administrative services provided to the board of commissioners of public lands.

AB1039,56 Section 56 . 20.585 (1) (km) of the statutes is created to read:

AB1039,24,2 20.585 (1) (km) Credit card use charges. All moneys received under ss. 59.25 (3) (j) and (k) and 85.14, to pay the charges under ss. 23.49 and 85.14 (1) (b) and (2).

AB1039,57 Section 57. 20.585 (2) (title) of the statutes is created to read:

AB1039,24,4 20.585 (2) (title) College savings program.

AB1039,58 Section 58. 20.906 (1) of the statutes is amended to read:

AB1039,24,15 20.906 (1) Frequency of deposits. Unless otherwise provided by law, all moneys collected or received by any state agency for or in behalf of the state or which are required by law to be turned into the state treasury shall be deposited in or transmitted to the state treasury at least once a week and also at other times as required by the governor or the secretary of administration state treasurer and shall be accompanied by a statement in such form as the secretary of administration state treasurer may prescribe showing the amount of such collection and from whom and for what purpose or on what account the same was received. All moneys paid into the treasury shall be credited to the general purpose revenues of the general fund unless otherwise specifically provided by law.

AB1039,59 Section 59. 20.906 (4) of the statutes is amended to read:

AB1039,25,2 20.906 (4) Penalties. If any state agency fails to make such deposits of money, or to make such reports as are required by this section, the department of administration, with the approval of the governor, shall withhold all moneys due such state agency until this section is complied with; and upon such failure to make such deposits of money, the officer or employee so failing shall be liable to the secretary of administration state treasurer for an amount equal to the interest upon the moneys so withheld from deposit at the same rate as that received by the state upon moneys held in the state investment fund, for the period for which such deposit is withheld; and such interest shall be a charge against the officer or employee and shall be deducted from that person's compensation.

AB1039,60 Section 60. 20.906 (5) of the statutes is amended to read:

AB1039,25,15 20.906 (5) Conditions precedent to release of appropriations. All appropriations from state revenues for any state agency are made on the express conditions that such state agency pays all moneys received by it into the state treasury within one week of receipt or as often as otherwise directed by the governor or secretary of administration state treasurer, and conforms with ss. 16.53 (1) and 20.002, regardless of the type of appropriations made to the state agency. Upon failure to comply with this subsection, the department of administration shall refuse to draw its warrant and the state treasurer shall refuse to pay any moneys appropriated to the state agency from state revenues until the state agency complies with this subsection. Upon failure or refusal to so comply, after due notice received from the department of administration, any appropriations from state revenues to the state agency shall permanently revert to the fund from which appropriated.

AB1039,61 Section 61. 20.906 (6) of the statutes is amended to read:

AB1039,25,20 20.906 (6) Direct deposits. The governor or the secretary of administration state treasurer may require state agencies making deposits under this section to make direct deposits to any depository designated by the depository selection board, if such a requirement is advantageous or beneficial to this state.

AB1039,62 Section 62. 20.907 (2) of the statutes is amended to read:

AB1039,26,4 20.907 (2) Custody and accounting. The secretary of administration state treasurer shall have custody of all such gifts, grants, and bequests in the form of cash or securities. The department of administration shall keep a separate account for each state agency receiving such gifts, grants, and bequests, including therein investments, accumulations, payments, and any other transaction pertaining to such moneys. If no state agency is designated by the donor to carry out the purposes of the conveyance, the joint committee on finance shall appoint a state agency to act as trustee.

AB1039,63 Section 63. 20.907 (5) (a) of the statutes is amended to read:

AB1039,26,9 20.907 (5) (a) Except as provided in par. (b), all moneys that may come into the possession of any officer or employee of a state agency by virtue of his or her office or employment shall be deposited with the secretary of administration state treasurer, regardless of the ownership thereof.

AB1039,64 Section 64. 20.907 (5) (b) of the statutes is amended to read:

AB1039,26,16 20.907 (5) (b) Paragraph (a) does not apply whenever the disposition of moneys is otherwise provided by law or whenever a state agency receives moneys incident to an authorized activity that are not appropriated and not directed to be deposited with the secretary of administration state treasurer and the agency promulgates a rule that prescribes procedures in accordance with ch. 34 for the deposit of the moneys.

AB1039,65 Section 65. 20.907 (5) (c) of the statutes is amended to read:

AB1039,26,24 20.907 (5) (c) The secretary of administration state treasurer shall establish an account for moneys received under par. (a) from each source and shall make payments and refunds from each account authorized under par. (e) as directed by the state agency depositing the moneys, unless otherwise provided by law. Each payment shall be made upon submission of a claim audited under s. 16.53 and paid by voucher from the appropriation under s. 20.855 (6) (j) in accordance with procedures established by the secretary of administration.

AB1039,66 Section 66. 20.907 (5) (d) of the statutes is amended to read:

AB1039,27,2 20.907 (5) (d) Each account under this subsection shall be established in the appropriate fund, as determined by the secretary of administration state treasurer.

AB1039,67 Section 67 . 20.907 (5) (e) 12e. of the statutes is repealed.

AB1039,68 Section 68 . 20.907 (5) (e) 12r. of the statutes is repealed.

AB1039,69 Section 69. 20.909 (2) of the statutes is amended to read:

AB1039,27,10 20.909 (2) Escheated property. The secretary of revenue state treasurer may sell either at public or private sale any personal property turned over to the secretary state treasurer as an escheat. The proceeds of any such sale shall become a part of the school fund, and shall be subject to refund as specified by the provision of law pursuant to which the property escheated.

AB1039,70 Section 70. 20.912 (1) of the statutes is amended to read:

AB1039,27,18 20.912 (1) Cancellation of outstanding checks and share drafts. If any check, share draft, or other draft drawn and issued by the state treasurer upon the funds of the state in any state depository is not paid within the time period designated by the secretary of administration state treasurer under s. 16.401 (10) 14.58 (12) as shown on the check or other draft, the secretary of administration state treasurer shall cancel the check or other draft and credit the amount thereof to the fund on which it is drawn.

AB1039,71 Section 71. 20.912 (3) of the statutes is amended to read:

AB1039,28,2 20.912 (3) Reissue of canceled checks, share drafts, and other drafts. Subject to sub. (2), when the payee or person entitled to any check, share draft, or other draft canceled under sub. (1) by the state treasurer, or the payee or person entitled to any warrant so canceled by the department of administration, demands such check, share draft, other draft, or warrant or payment thereof, the department of administration shall issue a new warrant therefor, to be paid from the appropriate appropriation account under s. 20.855 (1) (bm), (gm), or (rm).

AB1039,72 Section 72. 20.912 (4) of the statutes is amended to read:

AB1039,28,14 20.912 (4) Insolvent depositories. When the bank, savings and loan association, savings bank, or credit union on which any check, share draft, or other draft is drawn by the secretary of administration state treasurer before payment of such check, share draft, or other draft becomes insolvent or is taken over by the division of banking, the federal home loan bank board, the U.S. office of thrift supervision, the federal deposit insurance corporation, the resolution trust corporation, the office of credit unions, the administrator of federal credit unions, or the U.S. comptroller of the currency, the secretary of administration state treasurer shall on the demand of the person in whose favor such check, share draft, or other draft was drawn and upon the return to the secretary state treasurer of such check, share draft, or other draft issue a replacement for the same amount.

AB1039,73 Section 73. 20.912 (5) of the statutes is amended to read:

AB1039,28,25 20.912 (5) Lost, stolen, or destroyed checks, share drafts, and other drafts. If any check, share draft, or other draft drawn and issued by the secretary of administration state treasurer is lost, stolen, or destroyed and the bank, savings and loan association, savings bank, or credit union on which the check, share draft, or other draft is drawn has been notified to stop payment thereon, the secretary of administration state treasurer may, after acknowledgment by the bank, savings and loan association, savings bank, or credit union that the check, share draft, or other draft has not been paid, issue a replacement check, share draft, or other draft and thereafter the secretary of administration state treasurer shall be relieved from all liability thereon.

AB1039,74 Section 74. 20.920 (2) (a) of the statutes is amended to read:

AB1039,29,5 20.920 (2) (a) With the approval of the secretary and state treasurer, each state agency may establish a contingent fund. The secretary shall determine the funding source for each contingent fund, total amount of the fund, and maximum payment from the fund.

AB1039,75 Section 75. 20.929 of the statutes is amended to read:

AB1039,29,19 20.929 Agency drafts or warrants. The secretary of administration may authorize any state agency to issue drafts or warrants drawn on the state treasury. Such drafts or warrants may be issued only in connection with purchase orders authorized under subch. IV of ch. 16 and may not exceed $300 per draft or warrant. The secretary state treasurer shall pay such drafts or warrants as presented and . The secretary of administration shall audit the purchase orders issued. Any purchase order that is disapproved by the secretary as unlawful or unauthorized shall be returned by the secretary to the state agency for reimbursement to the treasury state treasurer. The secretary shall make written regulations for the implementation of this section. The secretary may require any state agency to utilize one or more separate depository accounts to implement this section. The illegal or unauthorized use of purchase orders and drafts or warrants under this section is subject to the remedies specified in s. 16.77.

AB1039,76 Section 76. 23.49 of the statutes is amended to read:

AB1039,30,2 23.49 Credit card use charges. The department shall certify to the secretary of administration state treasurer the amount of charges associated with the use of credit cards that is assessed to the department on deposits accepted under s. 23.66 (1m) by conservation wardens, and the secretary of administration state treasurer shall pay the charges from moneys received under s. 59.25 (3) (j) and (k) that are reserved for payment of the charges under s. 20.907 (5) (e) 12e. 14.58 (21).

AB1039,77 Section 77. 23.85 of the statutes is amended to read:

AB1039,30,15 23.85 Statement to county board; payment to state. Every county treasurer shall, on the first day of the annual meeting of the county board of supervisors, submit to it a verified statement of all forfeitures, costs, fees, and surcharges imposed under ch. 814 and received during the previous year. The county clerk shall deduct all expenses incurred by the county in recovering those forfeitures, costs, fees, and surcharges from the aggregate amount so received, and shall immediately certify the amount of clear proceeds of those forfeitures, costs, fees, and surcharges to the county treasurer, who shall pay the proceeds to the state treasurer as provided in s. 59.25 (3). Jail surcharges imposed under ch. 814 shall be treated separately as provided in s. 302.46 and moneys collected from the crime prevention funding board surcharge under s. 973.0455 (2) shall be treated separately as provided in s. 973.0455 (2).

AB1039,78 Section 78. 24.17 (1) (intro.) of the statutes is amended to read:

AB1039,30,23 24.17 (1) (intro.) When the purchaser of any public lands makes payment to the secretary of administration state treasurer of the amount required to be paid on the sale and, in case of a private sale, produces the memorandum described in s. 24.16, the secretary of administration state treasurer shall give a receipt to the purchaser for the amount paid, and, unless the sale is wholly for cash, the board shall execute and deliver to the purchaser a duplicate certificate of sale, in which the board shall certify all of the following:

AB1039,79 Section 79. 24.17 (2) of the statutes is amended to read:

AB1039,31,6 24.17 (2) When the sale of public lands under sub. (1) is wholly for cash, upon payment of the full purchase price to the secretary of administration state treasurer, the secretary of administration state treasurer shall immediately give to the purchaser a receipt stating the amount paid, giving a description of the lot or tract of land sold, and stating that the purchaser is entitled to receive a patent according to law.

AB1039,80 Section 80. 24.20 of the statutes is amended to read:

AB1039,31,15 24.20 Payments and accounts. All money paid on account of sales of public lands shall be paid to the secretary of administration state treasurer who shall credit the proper fund with the amount paid, crediting the general fund with the proceeds of sales of Marathon County lands. The secretary of administration or the secretary's designee, upon countersigning the receipt given for the amount paid, shall charge the treasurer therewith, and shall enter the name of the person making the payment, the number of the certificate, if any, upon which the amount shall be paid, and the time of the payment.

AB1039,81 Section 81. 24.25 (1) of the statutes is amended to read:

AB1039,32,2 24.25 (1) Whenever full payment is made for any lands described in a certificate of sale issued under s. 24.17, as required by law, and the purchaser, or the purchaser's legal representatives, produces to the board the duplicate certificate of sale, with the receipt of the secretary of administration state treasurer endorsed on the duplicate certificate, showing that the whole amount of the principal and interest due on the purchase of the land described in the certificate has been paid and that the holder of the duplicate certificate is entitled to a patent for the lands described in the certificate, the original and duplicate certificates shall be canceled, and the board shall immediately execute and deliver a patent to the person entitled to the patent for the land described in the certificate.

AB1039,82 Section 82. 24.29 of the statutes is amended to read: