AB1039: Bill Text

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 of the statutes is repealed.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 of the statutes is repealed.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:

AB1039,32,11 24.29 Redemption. At any time before the 5 days next preceding the reoffering at public sale of any land forfeited under s. 24.28, the former purchaser, or the former purchaser's assigns or legal representatives, may prevent the resale of the forfeited lands and revive the original contract by paying the principal sum due, with interest, and all taxes returned on the forfeited lands to the secretary of administration state treasurer that are still unpaid, and all costs occasioned by the delay, together with 3 percent damages on the whole sum owing for the forfeited lands.

AB1039,83 Section 83. 24.32 (2) (a) 2. of the statutes is amended to read:

AB1039,32,16 24.32 (2) (a) 2. Depositing with the secretary of administration state treasurer, for the use of the purchaser at the resale of the forfeited tract the amount paid by the resale purchaser for the tract, together with 25 percent of the amount of the taxes, interest, and costs, in addition to the purchase price.

AB1039,84 Section 84. 24.33 (1) (c) of the statutes is amended to read:

AB1039,32,21 24.33 (1) (c) Payment is made to the secretary of administration state treasurer in the amount actually due on the first certificate at the time of the resale, with interest, costs, and charges, and with interest on the amount for which the land was sold at the rate of 10 percent per year.

AB1039,85 Section 85. 24.64 of the statutes is amended to read:

AB1039,33,2 24.64 Reimbursements for certain administrative services. The board shall reimburse the department of administration state treasurer, from the appropriation account under s. 20.507 (1) (h), for the costs of administrative services provided by the department of administration and other state agencies state treasurer to the board.

AB1039,86 Section 86. 24.69 (1) of the statutes is amended to read:

AB1039,33,10 24.69 (1) The board may sell state trust fund loans or participations therein, and may contract to do so at a future date, for such price, upon such other terms and in such manner as the board may determine. The sale may be to any person, including, without limitation, a trust or other investment vehicle created for the purpose of attracting private investment capital. The board shall remit the proceeds of the sale to the secretary of administration state treasurer for deposit in the appropriate trust fund and shall invest the proceeds in accordance with s. 24.61.

AB1039,87 Section 87. 24.71 (2) of the statutes is amended to read:

AB1039,33,16 24.71 (2) Certified statement. If a school district has a state trust fund loan, the board shall transmit to the school district clerk a certified statement of the amount due on or before October 1 of each year until the loan is paid. The board shall furnish a copy of each certified statement to the secretary of administration state treasurer and the department of public instruction.

AB1039,88 Section 88 . 25.14 (3) of the statutes is amended to read:

AB1039,34,3 25.14 (3) The department of administration, upon consultation with the board, shall distribute all earnings, profits, or losses of the state investment fund to each participating fund in the same ratio as each participating fund's average daily balance within the state investment fund bears to the total average daily balance of all participating funds, except as provided in s. 16.401 (14) 14.58 (19) and except that the department of administration shall credit to the appropriation account under s. 20.505 (1) (kj) 20.585 (1) (jt) an amount equal to the amount assessed under s. 25.19 (3) from the earnings or profits of the funds against which an assessment is made. Distributions under this section shall be made at such times as the department of administration may determine, but must be made at least semiannually in each complete fiscal year of operation.

AB1039,89 Section 89. 25.17 (2) (f) of the statutes is amended to read:

AB1039,34,13 25.17 (2) (f) Invest the moneys belonging to the college savings program trust fund, the college savings program bank deposit trust fund, and the college savings program credit union deposit trust fund in a manner consistent with the guidelines established under s. 16.641 14.64 (2) (c), unless the moneys are under the management and control of a vendor selected under s. 16.255. In making investments under this paragraph, the investment board shall accept any reasonable terms and conditions that the college savings program board specifies and is relieved of any obligations relevant to prudent investment of the fund, including the standard of responsibility under s. 25.15 (2).

AB1039,90 Section 90. 25.17 (61) of the statutes is amended to read:

AB1039,34,19 25.17 (61) Designate special depositories in which the secretary of administration or the state treasurer may make special deposits of funds, not exceeding the amount limited by the board, which shall be deposited subject to the depository's rules and regulations relative to either savings accounts, time certificates of deposit, or open time accounts, as the case may be.

AB1039,91 Section 91. 25.19 (3) of the statutes is amended to read:

AB1039,34,23 25.19 (3) The secretary of administration state treasurer shall, at the direction of the depository selection board under s. 34.045 (1) (bm), allocate bank service costs to the funds incurring those costs.

AB1039,92 Section 92. 25.19 (4) of the statutes is amended to read:

AB1039,35,2 25.19 (4) The secretary of administration state treasurer shall provide advice to state agencies concerning efficient cash management practices.

AB1039,93 Section 93. 25.31 (1) of the statutes is amended to read:

AB1039,35,6 25.31 (1) First: The principal of said trust fund shall be held by the secretary of administration state treasurer, and be invested and reinvested as provided in this chapter.

AB1039,94 Section 94. 25.50 (3) (a) of the statutes is amended to read:

AB1039,35,10 25.50 (3) (a) With the consent of the governing body, a local official may transfer local funds to the department of administration state treasurer for deposit in the fund.

AB1039,95 Section 95. 25.50 (4) of the statutes is amended to read:

AB1039,35,15 25.50 (4) Period of investments; withdrawal of funds. Subject to the right of the local government to specify the period in which its funds may be held in the fund, the department of administration state treasurer shall prescribe the mechanisms and procedures for deposits and withdrawals.

AB1039,96 Section 96. 25.50 (5m) (a) of the statutes is amended to read:

AB1039,35,25 25.50 (5m) (a) The board, in cooperation with the department of administration, shall provide information necessary for the state treasurer to provide a monthly report to each local government having an investment in the fund. The board shall use all reasonable efforts to provide the information to the state treasurer in time to allow the treasurer to mail or electronically transmit the report to the local government no later than 6 business days after the end of the month covered by the report. The report shall include information on the fund's earnings for the month, with comparison to appropriate indexes or benchmarks in the private sector.

AB1039,97 Section 97. 25.50 (7) of the statutes is amended to read:

AB1039,36,8 25.50 (7) Reimbursement of expenses. The department of administration state treasurer shall deduct monthly from the earnings of the fund during the preceding calendar month an amount sufficient to cover all actual and necessary expenses incurred by the state in administering the fund in the preceding calendar month, except that in no fiscal year may the department of administration state treasurer deduct an amount exceeding the amount appropriated under s. 20.505 (1) (gc) 20.585 (1) (g) for that fiscal year.

AB1039,98 Section 98. 25.50 (8) (b) of the statutes is amended to read:

AB1039,36,12 25.50 (8) (b) The department of administration state treasurer shall report monthly to each local official the deposits and withdrawals of the preceding month and any other activity within the account.

AB1039,99 Section 99. 25.50 (9) of the statutes is amended to read:

AB1039,36,15 25.50 (9) Rules. The department of administration state treasurer may promulgate rules to carry out the purposes of this section.

AB1039,100 Section 100. 25.50 (10) of the statutes is amended to read:

AB1039,36,19 25.50 (10) Insurance of principal. The department of administration state treasurer may obtain insurance for the safety of the principal investments of the fund. The insurance is a reimbursable expense under sub. (7).

AB1039,101 Section 101. 25.80 of the statutes is amended to read:

AB1039,36,23 25.80 Tuition trust fund. There is established a separate nonlapsible trust fund designated as the tuition trust fund, consisting of all revenue from enrollment fees and the sale of tuition units under s. 16.64 14.63.

AB1039,102 Section 102. 25.85 of the statutes is amended to read:

AB1039,37,7 25.85 College savings program trust fund. There is established a separate nonlapsible trust fund designated as the college savings program trust fund, consisting of all revenue from enrollment fees for and contributions to college savings accounts under s. 16.641 14.64 and from distributions and fees paid by the vendor under s. 16.255 (3) other than revenue from those sources that is deposited in the college savings program bank deposit trust fund or the college savings program credit union deposit trust fund.

AB1039,103 Section 103. 25.853 of the statutes is amended to read:

AB1039,37,18 25.853 College savings program bank deposit trust fund. There is established a separate nonlapsible trust fund designated as the college savings program bank deposit trust fund, consisting of all revenue from enrollment fees for and contributions to college savings accounts under s. 16.641 14.64 in which the investment instrument is an account held by a state or national bank, a state or federal savings bank, a state or federal savings and loan association, or a savings and trust company that has its main office or home office or a branch office in this state and that is insured by the Federal Deposit Insurance Corporation, and all revenue from distributions and fees paid by the vendors of those investment instruments under s. 16.255 (3).

AB1039,104 Section 104. 25.855 of the statutes is amended to read:

AB1039,38,3 25.855 College savings program credit union deposit trust fund. There is established a separate nonlapsible trust fund designated as the college savings program credit union deposit trust fund, consisting of all revenue from enrollment fees for and contributions to college savings accounts under s. 16.641 14.64 in which the investment instrument is an account held by a state or federal credit union, including a corporate central credit union organized under s. 186.32, that has its main office or home office or a branch office located in this state and that is insured by the National Credit Union Administration, and all revenue from distributions and fees paid by the vendors of those investment instruments under s. 16.255 (3).

AB1039,105 Section 105. 26.14 (4) of the statutes is amended to read:

AB1039,38,21 26.14 (4) Emergency fire wardens or those assisting them in the fighting of forest fires shall prepare itemized accounts of their services and the services of those employed by them, as well as other expenses incurred, on blanks to be furnished by the department and in a manner prescribed by the department, and make oaths or affirmation that said account is just and correct, which account shall be forwarded and approved for payment by the department. As soon as any such account has been paid by the secretary of administration state treasurer, the department of natural resources shall send to the proper county treasurer a bill for the county's share of such expenses and a copy shall be filed with the department of administration. The county shall have 60 days within which to pay such bill, but if not paid within that time the county shall be liable for interest at the rate of 6 percent per year. If payment is not made within 60 days the department of administration shall include such amount as a part of the next levy against the county for state taxes, but no county shall be required to pay more than $5,000 in any one year. Any unpaid levy under this section shall remain a charge against the county and the department of administration shall include such unpaid sums in the state tax levy of the respective counties in subsequent years.

AB1039,106 Section 106. 26.30 (9) (b) (intro.) of the statutes is amended to read:

AB1039,39,2 26.30 (9) (b) (intro.) As soon as the expenses incurred by the state in forest pest control work have been paid by the secretary of administration state treasurer, the department shall send to each landowner a bill covering an equitable share of such expenses as herein provided.

AB1039,107 Section 107. 29.983 (1) (e) of the statutes is amended to read:

AB1039,39,9 29.983 (1) (e) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the wild animal protection surcharge under this section. If the deposit is forfeited, the amount of the wild animal protection surcharge shall be transmitted to the secretary of administration state treasurer under par. (f). If the deposit is returned, the wild animal protection surcharge shall also be returned.

AB1039,108 Section 108. 29.983 (1) (f) of the statutes is amended to read:

AB1039,39,14 29.983 (1) (f) The clerk of the court shall collect and transmit to the county treasurer the wild animal protection surcharge and other amounts required under 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.

AB1039,109 Section 109. 29.983 (2) of the statutes is amended to read: