27,789
Section 789
. 23.41 (5m) of the statutes is renumbered 23.41 (5m) (intro.) and amended to read:
23.41 (5m) (intro.) If the governor or the governor's designee determines that it is in the best interest of this state, he or she may waive the requirement under sub. (5) for bids or competitive sealed proposals in under any of the following circumstances:
(a) In an emergency involving the public health, welfare or safety or the environment.
27,790
Section 790
. 23.41 (5m) (b) of the statutes is created to read:
23.41 (5m) (b) The department desires to use innovative or patented technology that is available from only one source and that in the judgment of the department would provide the best practicable hazardous substance spill response under s. 292.11 or environmental repair under s. 292.31.
27,791
Section 791
. 23.51 (2p) of the statutes is created to read:
23.51 (2p) “Crime laboratories and drug law enforcement assessment" means the assessment imposed under s. 165.755.
27,792
Section 792
. 23.51 (8) of the statutes is amended to read:
23.51 (8) “Violation" means conduct which is prohibited by state law or municipal ordinance and punishable by a forfeiture, a penalty assessment and, a jail assessment and a crime laboratories and drug law enforcement assessment.
27,793
Section 793
. 23.54 (3) (e) of the statutes is amended to read:
23.54 (3) (e) The maximum forfeiture, penalty assessment, jail assessment, crime laboratories
and drug law enforcement assessment, applicable weapons assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment, applicable fishing shelter removal assessment, applicable snowmobile registration restitution payment and applicable natural resources restitution payment for which the defendant might be found liable.
27,794
Section 794
. 23.54 (3) (i) of the statutes is amended to read:
23.54 (3) (i) Notice that if the defendant makes a deposit and fails to appear in court at the time fixed in the citation, the defendant will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and plea.
27,795
Section 795
. 23.54 (3) (j) of the statutes is amended to read:
23.54 (3) (j) Notice that if the defendant makes a deposit and signs the stipulation, the defendant will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and stipulation, and that the defendant may, at any time prior to or at the time of the court appearance date, move the court for relief from the effects of the stipulation.
27,796
Section 796
. 23.55 (1) (b) of the statutes is amended to read:
23.55 (1) (b) A plain and concise statement of the violation identifying the event or occurrence from which the violation arose and showing that the plaintiff is entitled to relief, the statute upon which the cause of action is based and a demand for a forfeiture, the amount of which shall not exceed the maximum set by the statute involved, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment, any applicable natural resources restitution payment and any other relief that is sought by the plaintiff.
27,797
Section 797
. 23.66 (2) of the statutes is amended to read:
23.66 (2) The person receiving the deposit shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of court or municipal court regarding the disposition of the deposit, and notifying the defendant that if he or she fails to appear in court at the time fixed in the citation he or she will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit which the court may accept. The original of the receipt shall be delivered to the defendant in person or by mail. If the defendant pays by check, share draft or other draft, the check, share draft or other draft or a microfilm copy of the check, share draft or other draft shall be considered a receipt. If the defendant makes the deposit by use of a credit card, the credit charge receipt shall be considered a receipt.
27,798
Section 798
. 23.66 (4) of the statutes is amended to read:
23.66 (4) The basic amount of the deposit shall be determined in accordance with a deposit schedule that the judicial conference shall establish. Annually, the judicial conference shall review and may revise the schedule. In addition to the basic amount determined according to the schedule, the deposit shall include court costs, including any applicable fees prescribed in ch. 814, any applicable penalty assessment, any applicable jail assessment, any applicable crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment.
27,799
Section 799
. 23.67 (2) of the statutes is amended to read:
23.67 (2) The deposit and stipulation of no contest may be made at any time prior to the court appearance date. By signing the stipulation, the defendant is deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit.
27,800
Section 800
. 23.67 (3) of the statutes is amended to read:
23.67 (3) The person receiving the deposit and stipulation of no contest shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of court or municipal court regarding the disposition of the deposit, and notifying the defendant that if the stipulation of no contest is accepted by the court the defendant will be deemed to have submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit. Delivery of the receipt shall be made in the same manner as in s. 23.66.
27,801
Section 801
. 23.75 (3) (a) 2. of the statutes is amended to read:
23.75 (3) (a) 2. If the court considers the nonappearance to be a plea of no contest and enters judgment accordingly, the court shall promptly mail a copy or notice of the judgment to the defendant. The judgment shall allow the defendant not less than 20 working days from the date the judgment copy or notice is mailed to pay the forfeiture, penalty assessment and, jail assessment and crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus costs, including any applicable fees prescribed in ch. 814.
27,802
Section 802
. 23.75 (3) (b) of the statutes is amended to read:
23.75 (3) (b) If the defendant has made a deposit, the citation may serve as the initial pleading and the defendant shall be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus any applicable fees prescribed in ch. 814, not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons. If the defendant fails to appear in response to the summons, the court shall issue an arrest warrant. If the court accepts the plea of no contest, the defendant may move within 90 days after the date set for appearance to withdraw the plea of no contest, open the judgment and enter a plea of not guilty if the defendant shows to the satisfaction of the court that failure to appear was due to mistake, inadvertence, surprise or excusable neglect. If a party is relieved from the plea of no contest, the court or judge may order a written complaint to be filed and set the matter for trial. After trial the costs and fees shall be taxed as provided by law. If on reopening the defendant is found not guilty, the court shall delete the record of conviction and shall order the defendant's deposit returned.
27,803
Section 803
. 23.75 (3) (c) of the statutes is amended to read:
23.75 (3) (c) If the defendant has made a deposit and stipulation of no contest, the citation may serve as the initial pleading and the defendant shall be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment plus any applicable fees prescribed in ch. 814, not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons. If the defendant fails to appear in response to the summons, the court shall issue an arrest warrant. After signing a stipulation of no contest, the defendant may, at any time prior to or at the time of the court appearance date, move the court for relief from the effect of the stipulation. The court may act on the motion, with or without notice, for cause shown by affidavit and upon just terms, and relieve the defendant from the stipulation and the effects thereof. If the defendant is relieved from the stipulation of no contest, the court may order a citation or complaint to be filed and set the matter for trial. After trial the costs and fees shall be taxed as provided by law.
27,804
Section 804
. 23.79 (1) of the statutes is amended to read:
23.79 (1) If the defendant is found guilty, the court may enter judgment against the defendant for a monetary amount not to exceed the maximum forfeiture provided by the statute for the violation, the penalty assessment, the jail assessment, the crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment, any applicable natural resources restitution payment and for costs.
27,805
Section 805
. 23.80 (2) of the statutes is amended to read:
23.80 (2) Upon default of the defendant corporation or municipality, or upon conviction, judgment for the amount of the forfeiture, the penalty assessment, the jail assessment, the crime laboratories and drug law enforcement assessment, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, any applicable fishing shelter removal assessment, any applicable snowmobile registration restitution payment and any applicable natural resources restitution payment shall be entered.
27,806
Section 806
. 23.84 of the statutes is amended to read:
23.84 Forfeitures and assessments collected; to whom paid. Except for actions in municipal court, all moneys collected in favor of the state or a municipality for forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, applicable weapons assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment, applicable fishing shelter removal assessment, applicable snowmobile registration restitution payment and applicable natural resources restitution payment shall be paid by the officer who collects the same to the appropriate municipal or county treasurer, within 20 days after its receipt by the officer, except that all jail assessments shall be paid to the county treasurer. In case of any failure in the payment, the municipal or county treasurer may collect the payment from the officer by an action in the treasurer's name of office and upon the official bond of the officer, with interest at the rate of 12% per year from the time when it should have been paid.
27,807
Section 807
. 24.01 (1) of the statutes is amended to read:
24.01 (1) “Agricultural college lands" embraces all lands granted to the state by an act of congress entitled “An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts," approved July 2, 1862, as well as any land received under s. 24.09 (1) (bm) in exchange for such land.
27,808
Section 808
. 24.01 (4) of the statutes is amended to read:
24.01 (4) “Marathon county lands" embraces all lands acquired by the state pursuant to chapter 22 of the general laws of 1867, as well as any land received under s. 24.09 (1) (bm) in exchange for such land.
27,809
Section 809
. 24.01 (5) of the statutes is amended to read:
24.01 (5) “Normal school lands" embraces all parcels of said “swamp lands" which the legislature has declared or otherwise decided, or may hereafter declare or otherwise decide, were not or are not needed for the drainage or reclamation of the same or other lands, as well as any land received under s. 24.09 (1) (bm) in exchange for such land.
27,810
Section 810
. 24.01 (7) of the statutes is amended to read:
24.01 (7) “School lands" embraces all lands made a part of “the school fund" by article X, section 2, of the constitution, as well as any land received under s. 24.09 (1) (bm) in exchange for such land.
27,811
Section 811
. 24.01 (9) of the statutes is amended to read:
24.01 (9) “Swamp lands" embraces all lands which have been or may be transferred to the state pursuant to an act of congress entitled “An act to enable the state of Arkansas and other states to reclaim the swamp lands within their limits," approved September 28, 1850, or pursuant to an act of congress entitled “An act for the relief of purchasers and locators of swamp and overflowed lands," approved March 2, 1855, as well as any land received under s. 24.09 (1) (bm) in exchange for such land.
27,812
Section 812
. 24.01 (10) of the statutes is amended to read:
24.01 (10) “University lands" embraces all lands the proceeds of which are denominated “the university fund" by article X, section 6, of the constitution, as well as any land received under s. 24.09 (1) (bm) in exchange for such land.
27,813
Section 813
. 24.04 (2) of the statutes is amended to read:
24.04 (2) Disbursements. All expenses necessarily incurred in caring for and selling public lands shall be deducted from the gross receipts of the fund to which the proceeds of the sale of the land will be added. Expenses necessarily incurred in caring for public lands may include expenses for reforestation, erosion and insect control, submerged log monitoring, surveys, appraisals and other land management practices that serve to protect or enhance the interests of the beneficiaries of the trust funds.
27,814
Section 814
. 24.09 (1) (bm) of the statutes is amended to read:
24.09 (1) (bm) The board may exchange part or all of any parcel of public lands for any other land of approximately equal value if the board determines that the exchange will contribute to the consolidation or completion of a block of land, enhance conservation of lands or otherwise be in the public interest. Under this paragraph, an exchange is of “approximately equal value" if the difference in value between the more highly valued land and the less highly valued land does not exceed 10% of the value of the more highly valued land. All expenses necessarily incurred in making an exchange under this paragraph shall be deducted from the gross receipts of the fund to which the proceeds of the sale of the exchanged land will be added.
27,815
Section 815
. 24.60 (1g) of the statutes is amended to read:
24.60 (1g) “Distance education" has the meaning given in s. 16.992 (1) (b) means instruction that takes place, regardless of the location of a teacher or student, by means of telecommunications or other means of communication, including cable, instructional television fixed service, microwave, radio, satellite, computer, telephone or television.
27,816
Section 816
. 24.60 (1r) of the statutes is repealed and recreated to read:
24.60 (1r) “Educational technology" means technology used in the education or training of any person or in the administration of an elementary or secondary school or a public library.
27,816c
Section 816c. 24.60 (1t) of the statutes is created to read:
24.60 (1t) “Investment grade" means having a rating of “BBB" or better by Standard and Poor's Corporation and a rating of “Baa" or better by Moody's Investor Service or, in the case of an investment that is ranked by only one of these rating agencies, having a rating of “BBB" or better by Standard and Poor's Corporation or a rating of “Baa" or better by Moody's Investor Service.
27,816e
Section 816e. 24.61 (2) (a) 1. of the statutes is amended to read:
24.61 (2) (a) 1. Bonds or notes of the United States or of an agency of the U. S. government, or bonds or notes guaranteed by the United States or an agency of the U. S. government.
27,816g
Section 816g. 24.61 (2) (a) 2. of the statutes is repealed.
27,816j
Section 816j. 24.61 (2) (a) 7m. of the statutes is created to read:
24.61 (2) (a) 7m. Real estate located in the United States.
27,816L
Section 816L. 24.61 (2) (a) 8. of the statutes is created to read:
24.61 (2) (a) 8. U. S., publicly traded, investment grade mortgage-backed securities or U.S., publicly traded, investment grade asset-backed securities.
27,816n
Section 816n. 24.61 (2) (a) 9. of the statutes is created to read:
24.61 (2) (a) 9. Privately placed U. S. mortgages or privately placed, U.S., mortgage-backed securities, if the mortgages or mortgage-backed securities are investment grade or, if unrated, are determined by the board to be of a quality that, if rated, would be investment grade.
27,816p
Section 816p. 24.61 (2) (a) 10. of the statutes is created to read:
24.61 (2) (a) 10. Debt obligations of U.S. corporations, whether publicly offered or privately placed, that are investment grade or, if unrated, are determined by the board to be of a quality that, if rated, would be investment grade.
27,816r
Section 816r. 24.61 (2) (a) 11. of the statutes is created to read:
24.61 (2) (a) 11. Financial contracts or other instruments that derive their value from the value or performance of securities under subd. 1. or 8. or of an index or group of securities under subd. 1. or 8.
27,816t
Section 816t. 24.61 (2) (a) 12. of the statutes is created to read:
24.61 (2) (a) 12. Other types of U. S. debt instruments, not described under subds. 1. to 10., determined by the board to be consistent with the standard of responsibility under par. (am).
27,816v
Section 816v. 24.61 (2) (am) of the statutes is created to read:
24.61 (2) (am) Standard of responsibility. The standard of responsibility applied to the board when it invests moneys belonging to the trust funds shall be all of the following:
1. To invest, sell, reinvest and collect income and rents with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a similar capacity, with the same resources, and familiar with like matters exercises in the conduct of an enterprise of a like character with like aims.
2. To diversify investments in order to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so, considering each trust fund's portfolio as a whole at any point in time.
3. To administer assets of each trust or fund solely for the purpose of ensuring the fulfillment of the purpose of each trust or fund at a reasonable cost and not for any other purpose.
27,817
Section 817
. 24.61 (3) (c) 2. a. of the statutes is amended to read:
24.61 (3) (c) 2. a. The school board is subject to an order issued by the department of education state superintendent of public instruction under s. 115.33 (3) after December 31, 1991, regarding noncompliance with the standard under s. 121.02 (1) (i).
27,818
Section 818
. 24.61 (3) (d) of the statutes is amended to read:
24.61 (3) (d) Reserve for loans for educational technology and distance education projects. Subject to the priority established under par. (c), to the extent practicable, in fiscal years 1996-97 to 1999-2000 2002‐03, annually the board shall reserve $15,000,000 for the purposes of giving priority to loans to school districts, counties, municipalities and consortia, other than consortia that include one or more technical college districts, for educational technology and distance education projects under s. 16.992.
27,819
Section 819
. 24.61 (6) of the statutes is repealed.
27,820
Section 820
. 24.66 (1) (intro.) of the statutes is amended to read:
24.66 (1) For all municipalities. (intro.) No trust fund loan may be made unless an application is made to the board under this section. The application shall state the amount of money required, the purpose to which it is to be applied, the times and terms of repayment, whether the loan is sought for an educational technology or distance education project under s. 24.61 (3) (d), and if so, whether the educational technology board has approved a grant to pay a portion of the interest on the loan under s. 16.992 (3) (b) and, in the case of a cooperative educational service agency, the names of the school districts participating in the distance education project for which the loan is sought. The application shall be accompanied by satisfactory proof:
27,824
Section 824
. 24.695 of the statutes is repealed.
27,825
Section 825
. 24.71 (2) of the statutes is amended to read:
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 state treasurer and the department of education public instruction.
