AB1039: Bill Text

AB1039,257 Section 257. 223.20 (3) of the statutes is amended to read:

AB1039,93,8 223.20 (3) Surrender of trust powers. If a converted trust company bank has been fully discharged of all trusts committed to it, it may, by amendment to its articles of incorporation, duly adopted by its stockholders and approved by the division, surrender its powers to act in a fiduciary capacity. A trust company bank that surrenders its trust powers under this subsection shall eliminate from its corporate name the word “trust" and may thereupon withdraw from the secretary of administration state treasurer all securities and cash that it has deposited with the secretary of administration state treasurer pursuant to s. 223.02.

AB1039,258 Section 258. 224.77 (1m) (c) 1. of the statutes is amended to read:

AB1039,93,14 224.77 (1m) (c) 1. All forfeitures shall be paid to the division of banking within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (b), within 10 days after receipt of the final decision after exhaustion of administrative review. The division of banking shall remit all forfeitures paid to the secretary of administration state treasurer for deposit in the school fund.

AB1039,259 Section 259. 253.06 (4) (c) 2. of the statutes is amended to read:

AB1039,93,20 253.06 (4) (c) 2. 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 such 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.

AB1039,260 Section 260. 253.06 (5) (e) of the statutes is amended to read:

AB1039,94,8 253.06 (5) (e) The suspension or termination of authorization of a vendor or eligibility of a participant shall be effective beginning on the 15th day after receipt of the notice of suspension or termination. All forfeitures, recoupments, and enforcement assessments shall be paid to the department within 15 days after receipt of notice of assessment or, if the forfeiture, recoupment, or enforcement assessment is contested under sub. (6), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is adverse to the department or unless the final decision is appealed and the decision is stayed by court order under sub. (7). The department shall remit all forfeitures paid to the secretary of administration state treasurer for deposit in the school fund. The department shall deposit all enforcement assessments in the appropriation under s. 20.435 (1) (gr).

AB1039,261 Section 261. 254.45 (4) (b) of the statutes is amended to read:

AB1039,94,11 254.45 (4) (b) The department shall remit all forfeitures paid to the secretary of administration state treasurer for deposit in the school fund.

AB1039,262 Section 262. 254.59 (2) of the statutes is amended to read:

AB1039,95,13 254.59 (2) If a human health hazard is found on private property, the local health officer shall notify the owner and the occupant of the property, by registered mail with return receipt requested, of the presence of the human health hazard and order its abatement or removal within 30 days of receipt of the notice. If the human health hazard is not abated or removed by that date, the local health officer shall immediately enter upon the property and abate or remove the human health hazard or may contract to have the work performed. The human health hazard shall be abated in a manner which is approved by the local health officer. The cost of the abatement or removal may be recovered from the person permitting the violation or may be paid by the municipal treasurer and the account, after being paid by the treasurer, shall be filed with the municipal clerk, who shall enter the amount chargeable to the property in the next tax roll in a column headed “For Abatement of a Nuisance" as a special tax on the lands upon which the human health hazard was abated, and the tax shall be collected as are other taxes. In case of railroads or other lands not taxed in the usual way, the amount chargeable shall be certified by the clerk to the secretary of administration state treasurer who shall add the amount designated in the certificate to the sum due from the company owning, occupying, or controlling the land specified, and the secretary of administration state treasurer shall collect the amount as prescribed in subch. I of ch. 76 and return the amount collected to the town, city, or village from which the certificate was received. Anyone maintaining such a human health hazard may also be fined not more than $300 or imprisoned for not more than 90 days or both. The only defenses an owner may have against the collection of a tax under this subsection are that no human health hazard existed on the owner's property, that no human health hazard was corrected on the owner's property, that the procedure outlined in this subsection was not followed or any applicable defense under s. 74.33.

AB1039,263 Section 263. 254.59 (5) of the statutes is amended to read:

AB1039,96,6 254.59 (5) The cost of abatement or removal of a human health hazard under this section may be at the expense of the municipality and may be collected from the owner or occupant, or person causing, permitting, or maintaining the human health hazard, or may be charged against the premises and, upon certification of the local health officer, assessed as are other special taxes. In cases of railroads or other lands not taxed in the usual way, the amount chargeable shall be certified by the clerk to the secretary of administration state treasurer who shall add the amount designated in the certificate to the sum due from the company owning, occupying, or controlling the land specified, and the secretary of administration state treasurer shall collect the amount as prescribed in subch. I of ch. 76 and return the amount collected to the town, city, or village from which the certificate was received. Anyone maintaining such a human health hazard may also be fined not more than $300 or imprisoned for not more than 90 days or both. The only defenses an owner may have against the collection of a tax under this subsection are that no human health hazard existed on the owner's property, that no human health hazard was corrected on the owner's property, that the procedure outlined in this subsection was not followed, or any applicable defense under s. 74.33.

AB1039,264 Section 264. 281.99 (4) of the statutes is amended to read:

AB1039,96,14 281.99 (4) All forfeitures shall be paid to the department within 60 days after receipt of the order or according to a schedule agreed to by the department and the water system owner or operator or, if the forfeiture is contested under sub. (3), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the secretary of administration state treasurer for deposit in the school fund.

AB1039,265 Section 265. 299.93 (3) of the statutes is amended to read:

AB1039,96,21 299.93 (3) 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 environmental surcharge under this section. If the deposit is forfeited, the amount of the environmental surcharge shall be transmitted to the secretary of administration state treasurer under sub. (4). If the deposit is returned, the environmental surcharge shall also be returned.

AB1039,266 Section 266. 299.93 (4) of the statutes is amended to read:

AB1039,97,3 299.93 (4) The clerk of the court shall collect and transmit to the county treasurer the environmental 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. The secretary of administration state treasurer shall deposit the amount of the surcharge in the environmental fund.

AB1039,267 Section 267. 301.105 (intro.) of the statutes is amended to read:

AB1039,97,9 301.105 Telephone company commissions. (intro.) The department shall collect moneys for commissions from telephone companies for contracts to provide telephone services to inmates. The department shall transmit those moneys to the secretary of administration state treasurer. The secretary of administration state treasurer shall do all of the following:

AB1039,268 Section 268. 344.185 (2) (e) 2. of the statutes is amended to read:

AB1039,97,15 344.185 (2) (e) 2. All other proceeds of the sale remaining after the payments under subd. 1. shall be retained by the secretary of transportation and applied as security for payment of judgments and assignments as provided under s. 344.20 (2). Any amounts not used to pay judgments or assignments shall be transmitted to the secretary of administration state treasurer for deposit in the school fund.

AB1039,269 Section 269. 345.08 of the statutes is amended to read:

AB1039,98,4 345.08 Suit to recover protested tax or fee. No suit shall be maintained in any court to restrain or delay the collection or payment of the taxes levied or the fees imposed or enacted in chs. 341 to 349. The aggrieved taxpayer shall pay the tax or fee as and when due and, if paid under protest, may at any time within 90 days from the date of such payment sue the state in an action at law to recover the tax or fee so paid. If it is finally determined that such tax or fee or any part thereof was wrongfully collected for any reason, the secretary of administration shall issue a warrant on the state treasurer to pay from the transportation fund the amount of such tax or fee so adjudged to have been wrongfully collected. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as were made within the 90-day period preceding the commencement of the action. Such suits shall be commenced as provided in s. 775.01.

AB1039,270 Section 270. 346.177 (3) of the statutes is amended to read:

AB1039,98,12 346.177 (3) 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 railroad crossing improvement surcharge under this section. If the deposit is forfeited, the amount of the railroad crossing improvement surcharge shall be transmitted to the secretary of administration state treasurer under sub. (4). If the deposit is returned, the amount of the railroad crossing improvement surcharge shall also be returned.

AB1039,271 Section 271. 346.177 (4) of the statutes is amended to read:

AB1039,98,19 346.177 (4) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement surcharge as required under s. 59.40 (2) (m). The county treasurer shall then pay the secretary of administration state treasurer as provided in s. 59.25 (3) (f) 2. The secretary of administration state treasurer shall deposit all amounts received under this subsection in the transportation fund to be appropriated under s. 20.395 (2) (gj).

AB1039,272 Section 272. 346.495 (3) of the statutes is amended to read:

AB1039,99,2 346.495 (3) 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 railroad crossing improvement surcharge under this section. If the deposit is forfeited, the amount of the railroad crossing improvement surcharge shall be transmitted to the secretary of administration state treasurer under sub. (4). If the deposit is returned, the amount of the railroad crossing improvement surcharge shall also be returned.

AB1039,273 Section 273. 346.495 (4) of the statutes is amended to read:

AB1039,99,9 346.495 (4) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement surcharge as required under s. 59.40 (2) (m). The county treasurer shall then pay the secretary of administration state treasurer as provided in s. 59.25 (3) (f) 2. The secretary of administration state treasurer shall deposit all amounts received under this subsection in the transportation fund to be appropriated under s. 20.395 (2) (gj).

AB1039,274 Section 274. 346.65 (4r) (c) of the statutes is amended to read:

AB1039,99,17 346.65 (4r) (c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the railroad crossing improvement surcharge under this subsection. If the deposit is forfeited, the amount of the railroad crossing improvement surcharge shall be transmitted to the secretary of administration state treasurer under par. (d). If the deposit is returned, the amount of the railroad crossing improvement surcharge shall also be returned.

AB1039,275 Section 275. 346.65 (4r) (d) of the statutes is amended to read:

AB1039,99,24 346.65 (4r) (d) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement surcharge as required under s. 59.40 (2) (m). The county treasurer shall then pay the secretary of administration state treasurer as provided in s. 59.25 (3) (f) 2. The secretary of administration state treasurer shall deposit all amounts received under this paragraph in the transportation fund to be appropriated under s. 20.395 (2) (gj).

AB1039,276 Section 276. 346.655 (2) of the statutes is amended to read:

AB1039,100,4 346.655 (2) (a) Except as provided in par. (b), the clerk of court shall collect and transmit the amount under sub. (1) to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment of 49.7 percent of the amount to the secretary of administration state treasurer as provided in s. 59.25 (3) (f) 2.

AB1039,100,10 (b) If the forfeiture is imposed by a municipal court, the court shall transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment of 49.7 percent of the amount to the secretary of administration state treasurer as provided in s. 66.0114 (1) (bm). The treasurer of the city, town, or village shall transmit the remaining 50.3 percent of the amount to the treasurer of the county.

AB1039,277 Section 277. 346.655 (3) of the statutes is amended to read:

AB1039,100,17 346.655 (3) (a) Except as provided in par. (b), all moneys collected from the driver improvement surcharge that are transmitted to the county treasurer under sub. (2) (a) or (b), except the amounts that the county treasurer is required to transmit to the secretary of administration state treasurer under sub. (2) (a) or (b), shall be retained by the county treasurer and disbursed to the county department under s. 51.42 for services under s. 51.42 for drivers referred through assessment.

AB1039,100,23 (b) If a person receives treatment from an approved tribal treatment facility, as defined in s. 51.01 (2c), in accordance with a driver safety plan under s. 343.30 (1q) (d), the county treasurer shall transmit the amount collected from the person's driver improvement surcharge except the amounts that the treasurer is required to transmit to the secretary of administration state treasurer under sub. (2) (a) or (b), to the facility for treatment services for drivers referred through assessment.

AB1039,278 Section 278. 346.657 (2) of the statutes is amended to read:

AB1039,101,4 346.657 (2) (a) Except as provided in par. (b), the clerk of court shall collect and transmit the amount under sub. (1) 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.

AB1039,101,8 (b) If the forfeiture is imposed by a municipal court, the court shall transmit the amount under sub. (1) 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).

AB1039,279 Section 279. 349.04 (3) of the statutes is amended to read:

AB1039,101,15 349.04 (3) 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 truck driver education surcharge under this section. If the deposit is forfeited, the amount of the truck driver education surcharge shall be transmitted to the secretary of administration state treasurer under sub. (4). If the deposit is returned, the amount of the truck driver education surcharge shall also be returned.

AB1039,280 Section 280. 349.04 (4) of the statutes is amended to read:

AB1039,101,22 349.04 (4) The clerk of the circuit court shall collect and transmit to the county treasurer the truck driver education surcharge as required under s. 59.40 (2) (m). The county treasurer shall then pay the secretary of administration state treasurer as provided in s. 59.25 (3) (f) 2. The secretary of administration state treasurer shall deposit all amounts received under this subsection in the general fund to be credited to the appropriation account under s. 20.292 (1) (hm).

AB1039,281 Section 281. 350.115 (1) (c) of the statutes is amended to read:

AB1039,102,5 350.115 (1) (c) 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 snowmobile registration restitution surcharge under this section. If the deposit is forfeited, the amount of the snowmobile registration restitution surcharge shall be transmitted to the secretary of administration state treasurer under par. (d). If the deposit is returned, the snowmobile registration restitution surcharge shall also be returned.

AB1039,282 Section 282. 350.115 (1) (d) of the statutes is amended to read:

AB1039,102,10 350.115 (1) (d) The clerk of the court shall collect and transmit to the county treasurer the snowmobile registration restitution 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.

AB1039,283 Section 283. 351.07 (1g) of the statutes is amended to read:

AB1039,102,17 351.07 (1g) No person may file a petition for an occupational license under sub. (1) unless he or she first pays a fee of $40 to the clerk of the circuit court. The clerk of the circuit court shall give the person a receipt and forward the fee to the county treasurer. That treasurer shall pay 50 percent of the fee to the secretary of administration state treasurer under s. 59.25 (3) (m) and retain the balance for the use of the county.

AB1039,284 Section 284. 562.02 (1) (g) of the statutes is amended to read:

AB1039,102,24 562.02 (1) (g) At least once every 3 months, file a written report on the operation of racing in this state with the governor, the attorney general, the secretary of administration state treasurer, the secretary of state, the legislative audit bureau, the president of the senate, and the speaker of the assembly. The report shall include information on racetrack operations, race attendance, and private, state, and local revenues derived from racing in this state.

AB1039,285 Section 285. 565.37 (3) of the statutes is amended to read:

AB1039,103,5 565.37 (3) Department report. The department shall submit quarterly reports on the operation of the lottery to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2) and to the governor, attorney general, secretary of administration state treasurer, secretary of state, and state auditor.

AB1039,286 Section 286. 601.13 (1) (intro.) of the statutes is amended to read:

AB1039,103,10 601.13 (1) Receipt of deposits. (intro.) Subject to the approval of the commissioner, the secretary of administration state treasurer shall accept deposits or control of acceptable book-entry accounts from insurers and other licensees of the office as follows:

AB1039,287 Section 287. 601.13 (3) (intro.) of the statutes is amended to read:

AB1039,103,16 601.13 (3) Securities eligible. (intro.) All deposits may consist of any of the securities authorized in this subsection. Each security must be approved by the commissioner, must be subject to disposition by the secretary of administration state treasurer, and must not be available to any other person except as expressly provided by law. The authorized securities are:

AB1039,288 Section 288. 601.13 (5) of the statutes is amended to read:

AB1039,104,3 601.13 (5) Receipt, inspection, and record. The secretary of administration state treasurer shall deliver to the depositor a receipt for all securities deposited or held under the control of the secretary of administration state treasurer and shall permit the depositor to inspect its physically held securities at any reasonable time. On application of the depositor the secretary of administration state treasurer shall certify when required by any law of the United States or of any other state or foreign country or by the order of any court of competent jurisdiction that the deposit was made. The secretary of administration state treasurer and the commissioner shall each keep a permanent record of securities deposited or held under the control of the secretary of administration state treasurer and of any substitutions or withdrawals and shall compare records at least annually.

AB1039,289 Section 289. 601.13 (6) of the statutes is amended to read:

AB1039,104,7 601.13 (6) Transfer of securities. No transfer of a deposited security, whether voluntary or by operation of law, is valid unless approved in writing by the commissioner and countersigned by the secretary of administration state treasurer.

AB1039,290 Section 290. 601.13 (8) (intro.) of the statutes is amended to read:

AB1039,104,11 601.13 (8) Interest and substitutions. (intro.) Subject to s. 16.401 (11) 14.58 (13), a depositor shall, while solvent and complying with the laws of this state, be entitled:

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