Amendment ASA-AB150

AB150-ASA,538,7 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of ss. 77.09, 134.60, 144.421 (2), 144.422 (2), (2m) (c) and (2r), 146.20 (2) to (5), 147.021, 159.07, 159.08, 159.81, 167.10 (3) and 167.31 (2), subch. VI of ch. 77, this chapter and chs. 26 to 31 and of ch. 350, and any administrative rules promulgated thereunder, violations of rules of the Kickapoo valley governing board under s. 16.21 41.41 (7) (k) or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

AB150-ASA, s. 1359 Section 1359. 23.53 (1) of the statutes is amended to read:

AB150-ASA,538,24 23.53 (1) The citation created under this section shall, in all actions to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, and any rule of the Kickapoo valley governing board under s. 16.21 41.41 (7) (k) be used by any law enforcement officer with authority to enforce those laws, except that the uniform traffic citation created under s. 345.11 may be used by a traffic officer employed under s. 110.07 in enforcing s. 167.31 or by an officer of a law enforcement agency of a municipality or county or a traffic officer employed under s. 110.07 in enforcing s. 159.81. In accordance with s. 345.11 (1m), the citation shall not be used for violations of ch. 350 relating to highway use. The citation may be used for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

AB150-ASA, s. 1360 Section 1360. 23.56 (1) of the statutes is amended to read:

AB150-ASA,539,7 23.56 (1) A person may be arrested for a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo valley governing board under s. 16.21 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77, after a warrant that substantially complies with s. 968.04 has been issued. Except as provided in sub. (2), the person arrested shall be brought without unreasonable delay before a court having jurisdiction to try the action.

AB150-ASA, s. 1361 Section 1361. 23.57 (1) (intro.) of the statutes is amended to read:

AB150-ASA,539,14 23.57 (1) (intro.) A person may be arrested without a warrant when the arresting officer has probable cause to believe that the person is committing or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo valley governing board under s. 16.21 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77; and:

AB150-ASA, s. 1362 Section 1362. 23.58 of the statutes is amended to read:

AB150-ASA,540,2 23.58 Temporary questioning without arrest. After having identified himself or herself as an enforcing officer, an enforcing officer may stop a person in a public place for a reasonable period of time when the officer reasonably suspects that such person is committing, is about to commit or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo valley governing board under s. 16.21 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77. Such a stop may be made only where the enforcing officer has proper authority to make an arrest for such a violation. The officer may demand the name and address of the person and an explanation of the person's conduct. Such detention and temporary questioning shall be conducted in the vicinity where the person was stopped.

AB150-ASA, s. 1363 Section 1363. 23.62 (1) (intro.) of the statutes is amended to read:

AB150-ASA,540,10 23.62 (1) (intro.) Whenever an enforcing officer has probable cause to believe that a person subject to his or her authority is committing or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo valley governing board under s. 16.21 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77, the officer may proceed in the following manner:

AB150-ASA, s. 1363b Section 1363b. 23.85 of the statutes is amended to read:

AB150-ASA,541,5 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, penalty assessments, jail assessments, weapons assessments, environmental assessments, wild animal protection assessments, natural resources assessments, fishing shelter removal assessments, snowmobile registration restitution payments and natural resources restitution payments money received during the previous year. The county clerk shall deduct all expenses incurred by the county in recovering those forfeitures, penalty assessments, weapons assessments, environmental assessments, wild animal protection assessments, natural resources assessments, fishing shelter removal assessments, snowmobile registration restitution payments and natural resources restitution payments from the aggregate amount so received, and shall immediately certify the amount of clear proceeds of those forfeitures, penalty assessments, weapons assessments, environmental assessments, wild animal protection assessments, natural resources assessments, fishing shelter removal assessments, snowmobile registration restitution payments and natural resources restitution payments to the county treasurer, who shall pay the proceeds to the state treasurer secretary of administration as provided in s. 59.20. Jail assessments shall be treated separately as provided in s. 302.46.

AB150-ASA, s. 1363e Section 1363e. 24.17 (1) (intro.) of the statutes is amended to read:

AB150-ASA,541,12 24.17 (1) (intro.) When the purchaser of any such lands shall make payment to the treasurer secretary of administration of the amount required to be paid on such sale, and, in case of a private sale, shall also produce the memorandum mentioned in s. 24.16, the treasurer secretary of administration shall give a receipt therefor to such purchaser, and unless such sale be made wholly for cash the board shall execute and deliver to such person a duplicate certificate of sale, in which it shall certify:

AB150-ASA, s. 1363h Section 1363h. 24.17 (2) of the statutes is amended to read:

AB150-ASA,541,17 24.17 (2) When the sale is wholly for cash, upon payment as above provided, the treasurer secretary of administration shall thereupon give to such purchaser a receipt stating the amount paid and giving a description of the lot or tract of land sold and that such purchaser is entitled to receive a patent according to law.

AB150-ASA, s. 1363L Section 1363L. 24.20 of the statutes is amended to read:

AB150-ASA,542,2 24.20 Payments and accounts. All money paid on account of sales of public lands shall be paid to the state treasurer secretary of administration who shall credit the proper fund therewith, crediting the general fund with the proceeds of sales of Marathon county lands, and the secretary of administration or the secretary's designee, upon countersigning the receipt given therefor, shall charge the treasurer therewith, and shall also enter the name of the person paying the same, the number of the certificate, if any, upon which the amount shall be paid and the time of the payment.

AB150-ASA, s. 1363p Section 1363p. 24.25 of the statutes is amended to read:

AB150-ASA,542,19 24.25 Patent and record thereof. Whenever full payment shall have been made for any such lands as required by law, and the purchaser or the purchaser's legal representatives shall produce to the board the duplicate certificate of sale, with the receipt of the state treasurer secretary of administration indorsed thereon, showing that the whole amount of the principal and interest due thereon has been paid and that the holder of such certificate is entitled to a patent for the lands described therein, the original and duplicate certificates shall be canceled, and the board shall thereupon execute and deliver a patent to the person entitled thereto for the land described in such certificate. All patents issued by the board shall be recorded in its office; and the record of patents heretofore issued by it is hereby declared a legal record. Purchasers may, at any time before due, pay any part or the whole of such purchase money and the interest thereon. In all cases where patents have been or may hereafter be issued to a person who may have died or who shall die before the date thereof, the title to the land described therein shall inure to and become vested in the heirs, devisees or assignees of such person to the same extent as if the patent had issued to that person during that person's lifetime.

AB150-ASA, s. 1363r Section 1363r. 24.29 of the statutes is amended to read:

AB150-ASA,543,2 24.29 Redemption. At any time before the 5 days next preceding the reoffering of such land at public sale, the former purchaser or the former purchaser's assigns or legal representatives may, by the payment of the sum due with interest, and all taxes returned thereon to the state treasurer secretary of administration which are still unpaid, and all costs occasioned by the delay, together with 3% damages on the whole sum owing for such land, prevent such resale and revive the original contract.

AB150-ASA, s. 1363u Section 1363u. 24.32 (2) of the statutes is amended to read:

AB150-ASA,543,16 24.32 (2) Every such tract may be redeemed by the former purchaser thereof, the former purchaser's assigns or legal representatives at any time before the June 30th next following the date of such resale, upon presenting to the board satisfactory proof, which shall be filed and preserved by it, that such tract was, at the time of resale, in whole or in part under cultivation or adjoining a tract partly cultivated, belonging to the former purchaser, the former purchaser's assigns or legal representatives and used in connection therewith, and upon depositing with the state treasurer secretary of administration, for the use of the purchaser at such resale the amount paid by the purchaser for such land, together with 25% of the amount of such taxes, interest and costs in addition thereto; and every certificate issued upon any such resale shall be subject to the right of redemption whether it be expressed in such certificate or not. And no patent shall be issued on any such resale until the expiration of such redemption period.

AB150-ASA, s. 1363y Section 1363y. 24.33 of the statutes is amended to read:

AB150-ASA,544,5 24.33 Resale may be canceled. Whenever any land has been so forfeited and resold, within 3 months thereafter, upon proof that there are valuable improvements thereon and that such forfeiture was occasioned by the death of the holder of the first certificate, or the neglect of that person's executor or administrator, and payment to the treasurer secretary of administration of the amount actually due on such first certificate at the time of such resale, with interest, costs and charges, with interest on the amount for which such land was sold at the rate of 10% per year, the board, by its order in writing, duly recorded, of which a copy shall be forthwith served on the last purchaser, may avoid and cancel such resale and restore and revive such first certificate. Thereafter there shall be paid out of the state treasury to the last purchaser the amount paid by the last purchaser and the said interest thereon collected of such person so redeeming, on surrender of the certificate, receipt or patent given the last purchaser at such resale.

AB150-ASA, s. 1365g Section 1365g. 24.54 (1) of the statutes is amended to read:

AB150-ASA,544,23 24.54 (1) The department of administration office of the treasurer shall provide an office for the board. The board shall conveniently arrange and preserve in that office all records, books, reports, surveys, maps, field notes, plats and other papers pertaining to the public lands owned by the state, including all public lands that have been or shall be received from the United States or any officer of the United States. The board may perfect the records, books, reports, surveys, maps, field notes, plats and other papers when incomplete, and cause copies of those documents to be made when from injury, loss, use or accident it shall become necessary. Any copy, when certified to be a correct copy by the executive secretary of the board under the executive secretary's signature and the official seal of the office to have been made for any of the causes specified in this subsection, shall have the same force and effect in all courts and places as the original. Any copy from the original records, books, reports, surveys, maps, field notes, plats or other papers, or from any record or paper required by law to be kept in the office, or any copy from a certified copy of one of those documents, when certified by the executive secretary of the board or any member of the board of commissioners of public lands under the official seal of the board, shall be received in evidence with the same effect as the original.

AB150-ASA, s. 1366m Section 1366m. 24.60 (1) of the statutes is created to read:

AB150-ASA,545,3 24.60 (1) "Consortium" means an association of 2 or more of any of the following entities for the purpose of implementing, expanding or participating in a distance education or educational technology project:

AB150-ASA,545,4 (a) A school district.

AB150-ASA,545,5 (b) A technical college district.

AB150-ASA,545,7 (c) A county, during fiscal years 1996-97 to 1999-2000, if the county acts on behalf of a county library board that has adopted a resolution under s. 24.66 (3m).

AB150-ASA,545,10 (d) A city, village or town, during fiscal years 1996-97 to 1999-2000, if the city, village or town acts on behalf of a municipal library board that has adopted a resolution under s. 24.66 (3m).

AB150-ASA,545,11 (1g) "Distance education" has the meaning given in s. 16.992 (1) (b).

AB150-ASA,545,12 (1r) "Educational technology" has the meaning given in s. 16.992 (1) (c).

AB150-ASA, s. 1367 Section 1367. 24.61 (2) (a) 6. of the statutes is created to read:

AB150-ASA,545,15 24.61 (2) (a) 6. Bonds of the University of Wisconsin Hospitals and Clinics Authority.

AB150-ASA, s. 1367m Section 1367m. 24.61 (2) (b) of the statutes is amended to read:

AB150-ASA,545,19 24.61 (2) (b) (title) Deposited with state treasurer secretary of administration . All bonds, notes and other securities so purchased shall be deposited with the state treasurer secretary of administration.

AB150-ASA, s. 1368 Section 1368. 24.61 (3) (a) 9. of the statutes is created to read:

AB150-ASA,545,21 24.61 (3) (a) 9. A consortium.

AB150-ASA, s. 1368c Section 1368c. 24.61 (3) (b) of the statutes is amended to read:

AB150-ASA,546,2 24.61 (3) (b) Terms; conditions. A municipality may borrow from the board or from moneys belonging to the trust funds obtain a state trust fund loan for the sum of money, for the time and upon the conditions as may be agreed upon between the board and the borrower subject to the limitations, restrictions and conditions set forth in this subchapter.

AB150-ASA, s. 1369 Section 1369. 24.61 (3) (c) 2. a. of the statutes is amended to read:

AB150-ASA,546,7 24.61 (3) (c) 2. a. The school board is subject to an order issued by the state superintendent department of public instruction education under s. 115.33 (3) after December 31, 1991, regarding noncompliance with the standard under s. 121.02 (1) (i).

AB150-ASA, s. 1369m Section 1369m. 24.61 (3) (d) of the statutes is created to read:

AB150-ASA,546,16 24.61 (3) (d) Reserve for loans for educational technology and distance education projects. In fiscal years 1996-97 to 1999-2000, annually the board shall reserve $15,000,000 for 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. The board shall not make any loan to a consortium that includes a county or municipality for an educational technology or distance education project except from the reserve established under this paragraph.

AB150-ASA, s. 1370 Section 1370. 24.61 (5) of the statutes is created to read:

AB150-ASA,547,7 24.61 (5) Loans to consortia or cities, villages or towns served by joint library boards. Whenever a consortium applies for a loan under sub. (3), or whenever a group of cities, villages or towns served by a joint county or municipal library board applies for a loan for an educational technology or distance education project, the board shall treat the application as a loan to each of the members of the consortium or each city, village or town served by a county or municipal library board in an amount equal to the total amount of the loan divided equally by the number of members of the consortium or the number of cities, villages and towns served by the library board, unless all members of the consortium or all cities, villages and towns served by a joint library board agree to a different arrangement specified by the members or cities, villages and towns on their applications. The procedure for application, approval and repayment of the loan by each member of a consortium or group under this subsection shall be the same as provided in this subchapter for application, approval and repayment of a loan to that member individually, except that the loan shall not be made unless all members qualify.

AB150-ASA, s. 1370g Section 1370g. 24.61 (6) of the statutes is created to read:

AB150-ASA,547,13 24.61 (6) Educational technology or distance education loans. The board shall not make a state trust fund loan to a school district, county, city, village, town or consortium for an educational technology or distance education project from moneys reserved for such loans under sub. (3) (d), unless the educational technology board has first notified the board that it has approved the loan under s. 16.992 (3).

AB150-ASA, s. 1377 Section 1377. 24.66 (1) (intro.) of the statutes is amended to read:

AB150-ASA,547,22 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, and 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). The application shall be accompanied by satisfactory proof:

AB150-ASA, s. 1377g Section 1377g. 24.66 (3m) of the statutes is created to read:

AB150-ASA,548,6 24.66 (3m) For educational technology or distance education loans. An application by a county, city, village or town to undertake an educational technology or distance education project, or by a consortium that includes a county, city, village or town under s. 24.61 (3) (d) shall be accompanied by a resolution of the county or municipal library board for that county, city, village or town, or the county or municipal library board of each county, city, village or town participating in the consortium, requesting the county, city, village or town to apply for the loan for the purpose of conducting an educational technology or distance education project.

AB150-ASA, s. 1377m Section 1377m. 24.66 (5) (a) of the statutes is amended to read:

AB150-ASA,548,22 24.66 (5) (a) Every application for a loan under this section shall be accompanied by a certified copy under the hand of the proper clerk of a recorded resolution adopted by the municipality applying for or approving the loan, levying, except as provided in par. (b), upon all the taxable property of the municipality a direct annual tax for the purpose of paying and sufficient to pay the principal and interest on such the proposed loan as it falls due, and also to pay and discharge the principal thereof within 20 years from the making of such loan. Such a levy shall become they become due. In a 1st class city school district, the application shall be accompanied by a certified copy of a resolution, adopted by the board of school directors, stating that it is the intention of the board of school directors to include in its budget transmitted to the common council under s. 119.16 (8) (b) a written notice specifying the amount of money necessary to pay the principal and interest on the loan as they become due. The levy imposed by the municipality shall be void and of no effect if the board declines to make the loan; otherwise it shall remain valid and irrepealable until the loan and all interest thereon is on the loan are fully paid.

AB150-ASA, s. 1378b Section 1378b. 24.67 (3) of the statutes is amended to read:

AB150-ASA,549,7 24.67 (3) If a unit of government municipality has acted under subs. (1) and (2), it shall certify that fact to the department of administration. The department Upon receiving a certification from a municipality, the secretary of administration shall then draw a warrant upon the state treasurer for the amount of the loan, payable to the treasurer of the municipality making the loan or as he or she the treasurer of the municipality directs. The certificate of indebtedness shall then be conclusive evidence of the validity of the indebtedness and that all the requirements of law concerning the application for the making and acceptance of the loan have been complied with.

AB150-ASA, s. 1378g Section 1378g. 24.67 (3) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-ASA,549,17 24.67 (3) If a municipality has acted under subs. (1) and (2), it shall certify that fact to the department of administration. Upon receiving a certification from a municipality, the secretary of administration shall draw a warrant upon the state treasurer for the amount of the loan, payable to pay the amount of the loan to the treasurer of the municipality making the loan or as the treasurer of the municipality directs. The certificate of indebtedness shall then be conclusive evidence of the validity of the indebtedness and that all the requirements of law concerning the application for the making and acceptance of the loan have been complied with.

AB150-ASA, s. 1378r Section 1378r. 24.69 (1) of the statutes is amended to read:

AB150-ASA,549,25 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 state treasurer secretary of administration for deposit in the appropriate trust fund and shall invest the proceeds in accordance with s. 24.61.

AB150-ASA, s. 1379b Section 1379b. 24.695 of the statutes is created to read:

AB150-ASA,550,10 24.695 Payment of interest by state. The board shall, upon request of the educational technology board, certify to the educational technology board the amount of interest due on any loan for which the educational technology board has made a grant for interest payments under s. 16.992 (3) (b). The board shall accept payment from the educational technology board for the interest payable on any such loan and shall deduct the amount of any payment received from its certified statement of the amount payable under s. 24.70 (2) or 24.71 (2) for the year in which the payment is received. The applicant remains liable for payment of any interest that is not paid by the educational technology board.

AB150-ASA, s. 1380 Section 1380. 24.70 (2) of the statutes is amended to read:

AB150-ASA,550,16 24.70 (2) Certified statement. If a municipality other than a school district has a state trust fund loan, the board shall transmit to the municipal clerk a certified statement of the amount due on or before October 1 of each year until the loan is paid. The board shall submit a copy of each certified statement to the state treasurer secretary of administration.

AB150-ASA, s. 1381 Section 1381. 24.70 (4) of the statutes is amended to read:

AB150-ASA,550,24 24.70 (4) Payment to state treasurer secretary of administration. The municipal treasurer shall transmit to the state treasurer secretary of administration on his or her order the full amount levied for state trust fund loans within 15 days after March 15. The state treasurer secretary of administration shall notify the board when he or she receives payment. Any payment not made by March 30 is delinquent and is subject to a penalty of one percent per month to be paid to the state treasurer secretary of administration with the delinquent payment.

AB150-ASA, s. 1382 Section 1382. 24.70 (6) of the statutes is amended to read:

AB150-ASA,551,7 24.70 (6) Failure to make payments. If the municipal treasurer fails to remit the amount due by the date specified under sub. (4), the board may file a certified statement of the amount delinquent with the department of administration. The department secretary of administration shall collect the amount due, including any penalty, by deducting that amount from any state payments due the municipality, shall remit that amount to the state treasurer and shall notify the treasurer and the board of that action.

AB150-ASA, s. 1383 Section 1383. 24.71 (2) of the statutes is amended to read:

AB150-ASA,551,13 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 for each calendar year 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 secretary of administration and the department of public instruction.

AB150-ASA, s. 1384 Section 1384. 24.71 (4) of the statutes is amended to read:

AB150-ASA,551,22 24.71 (4) Payment to state treasurer secretary of administration. The school district treasurer shall transmit to the state treasurer secretary of administration on his or her own order the full amount levied for state trust fund loans within 15 days after March 15. The state treasurer secretary of administration shall notify the board when he or she receives payment. Any payment not made by March 30 is delinquent and is subject to a penalty of one percent per month or fraction thereof, to be paid to the state treasurer secretary of administration with the delinquent payment.

AB150-ASA, s. 1385 Section 1385. 24.71 (5) of the statutes is amended to read:

AB150-ASA,552,4 24.71 (5) Failure to make payment. If the school district treasurer fails to remit the amounts due under sub. (4), the state superintendent, upon certification of delinquency by the board, shall deduct the amount due including any penalty from any school aid payments due the school district, shall remit such amount to the state treasurer secretary of administration and, no later than June 15, shall notify the school district treasurer and the board to that effect.

AB150-ASA, s. 1389 Section 1389. 25.14 (3) of the statutes is amended to read:

AB150-ASA,552,19 25.14 (3) The department of administration, upon consultation with the investment board, shall distribute all earnings, profits or losses of the state investment fund to each participating fund in the same ratio as each such 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. 14.58 (19), except that the department of administration shall credit to the appropriation account under s. 20.585 (1) (js) an amount equal to the amount assessed under s. 25.19 (2) from the earnings or profits of the funds against which an assessment is made and except that the department of administration shall credit to the appropriation account under s. 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. Such distribution 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.

AB150-ASA, s. 1390 Section 1390. 25.14 (3) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read: