Amendment ASA1-AB100

AB100-ASA1, s. 633 Section 633. 23.405 (1) of the statutes is renumbered 23.425 (1).

AB100-ASA1, s. 634 Section 634. 23.405 (2) (a) of the statutes is renumbered 23.425 (2) (a).

AB100-ASA1, s. 635 Section 635. 23.405 (2) (b) of the statutes is renumbered 23.425 (2) (b) and amended to read:

AB100-ASA1,443,21 23.425 (2) (b) The fees collected by the department under par. (a) for the use of the MacKenzie environmental center shall be deposited in the general fund and credited to the appropriation under s. 20.370 (5) (gb) (9) (gb).

AB100-ASA1, s. 636 Section 636. 23.41 (5m) of the statutes is renumbered 23.41 (5m) (intro.) and amended to read:

AB100-ASA1,444,2 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:

AB100-ASA1,444,4 (a) In an emergency involving the public health, welfare or safety or the environment.

AB100-ASA1, s. 637 Section 637. 23.41 (5m) (b) of the statutes is created to read:

AB100-ASA1,444,9 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.

AB100-ASA1, s. 638 Section 638. 23.51 (2p) of the statutes is created to read:

AB100-ASA1,444,12 23.51 (2p) "Crime laboratories and drug law enforcement assessment" means the assessment imposed under s. 165.755.

AB100-ASA1, s. 639 Section 639. 23.51 (8) of the statutes is amended to read:

AB100-ASA1,444,16 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.

AB100-ASA1, s. 640 Section 640. 23.54 (3) (e) of the statutes is amended to read:

AB100-ASA1,444,24 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.

AB100-ASA1, s. 641 Section 641. 23.54 (3) (i) of the statutes is amended to read:

AB100-ASA1,445,11 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.

AB100-ASA1, s. 642 Section 642. 23.54 (3) (j) of the statutes is amended to read:

AB100-ASA1,445,25 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.

AB100-ASA1, s. 643 Section 643. 23.55 (1) (b) of the statutes is amended to read:

AB100-ASA1,446,12 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.

AB100-ASA1, s. 644 Section 644. 23.66 (2) of the statutes is amended to read:

AB100-ASA1,447,6 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.

AB100-ASA1, s. 645 Section 645. 23.66 (4) of the statutes is amended to read:

AB100-ASA1,447,18 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.

AB100-ASA1, s. 646 Section 646. 23.67 (2) of the statutes is amended to read:

AB100-ASA1,448,4 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.

AB100-ASA1, s. 647 Section 647. 23.67 (3) of the statutes is amended to read:

AB100-ASA1,448,18 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.

AB100-ASA1, s. 648 Section 648. 23.75 (3) (a) 2. of the statutes is amended to read:

AB100-ASA1,449,5 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.

AB100-ASA1, s. 649 Section 649. 23.75 (3) (b) of the statutes is amended to read:

AB100-ASA1,450,2 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.

AB100-ASA1, s. 650 Section 650. 23.75 (3) (c) of the statutes is amended to read:

AB100-ASA1,450,22 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.

AB100-ASA1, s. 651 Section 651. 23.79 (1) of the statutes is amended to read:

AB100-ASA1,451,7 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.

AB100-ASA1, s. 652 Section 652. 23.80 (2) of the statutes is amended to read:

AB100-ASA1,451,16 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.

AB100-ASA1, s. 653 Section 653. 23.84 of the statutes is amended to read:

AB100-ASA1,452,6 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.

AB100-ASA1, s. 654 Section 654. 24.01 (1) of the statutes is amended to read:

AB100-ASA1,452,12 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.

AB100-ASA1, s. 655 Section 655. 24.01 (4) of the statutes is amended to read:

AB100-ASA1,452,16 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.

AB100-ASA1, s. 656 Section 656. 24.01 (5) of the statutes is amended to read:

AB100-ASA1,452,22 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.

AB100-ASA1, s. 657 Section 657. 24.01 (7) of the statutes is amended to read:

AB100-ASA1,453,3 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.

AB100-ASA1, s. 658 Section 658. 24.01 (9) of the statutes is amended to read:

AB100-ASA1,453,11 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.

AB100-ASA1, s. 659 Section 659. 24.01 (10) of the statutes is amended to read:

AB100-ASA1,453,15 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.

AB100-ASA1, s. 660 Section 660. 24.04 (2) of the statutes is amended to read:

AB100-ASA1,453,23 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.

AB100-ASA1, s. 661 Section 661. 24.09 (1) (bm) of the statutes is amended to read:

AB100-ASA1,454,10 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.

AB100-ASA1, s. 662 Section 662. 24.60 (1g) of the statutes is amended to read:

AB100-ASA1,454,16 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.

AB100-ASA1, s. 663 Section 663. 24.60 (1r) of the statutes is repealed and recreated to read:

AB100-ASA1,454,20 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.

AB100-ASA1, s. 664 Section 664. 24.61 (3) (c) 2. a. of the statutes is amended to read:

AB100-ASA1,454,25 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).

AB100-ASA1, s. 665 Section 665. 24.61 (3) (d) of the statutes is amended to read:

AB100-ASA1,455,8 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.

AB100-ASA1, s. 666 Section 666. 24.61 (6) of the statutes is repealed.

AB100-ASA1, s. 667 Section 667. 24.66 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,455,19 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:

AB100-ASA1, s. 668 Section 668. 24.695 of the statutes is repealed.

AB100-ASA1, s. 669 Section 669. 24.71 (2) of the statutes is amended to read:

AB100-ASA1,456,2 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.

AB100-ASA1, s. 670 Section 670. 24.78 of the statutes is amended to read:

AB100-ASA1,456,7 24.78 Distribution of the common school fund income. Under article X, section 5, of the constitution the common school fund income shall be distributed to the school districts among the several towns, villages and cities of the state for the support of common schools therein, as provided in s. ss. 44.72 (2) (a) and 43.70.

AB100-ASA1, s. 671 Section 671. 25.156 (3) of the statutes is amended to read:

AB100-ASA1,456,13 25.156 (3) The members of the board shall appoint an investment director or the executive assistant to the executive director, internal auditor, chief investment officer, chief financial officer, chief legal counsel or chief risk officer to act as assistant director, except that until the appointment is made by the members of the board, the executive director may temporarily designate the assistant director.

AB100-ASA1, s. 672 Section 672. 25.156 (4) of the statutes is amended to read:

AB100-ASA1,456,24 25.156 (4) The members of the board shall promulgate rules restricting the executive director, executive assistant to the executive director, internal auditor, chief investment officer, chief financial officer, chief legal counsel, chief risk officer, investment directors and employes from having financial interest, directly or indirectly, in firms or corporations providing services to the department and governing the receipt of gifts or favors therefrom, and also governing personal investments of all employes including the executive director, executive assistant to the executive director, internal auditor, chief investment officer , chief financial officer, chief legal counsel, chief risk officer and investment directors to prevent conflicts of interest.

AB100-ASA1, s. 673 Section 673. 25.16 (2) of the statutes is amended to read:

AB100-ASA1,457,14 25.16 (2) Subject to authorization under s. 16.505, the executive director may appoint one division administrator a chief legal counsel, chief financial officer, chief risk officer and not more than 11 investment directors and shall appoint a chief investment officer and all other employes necessary to carry out the functions of the investment board, except that the investment board shall appoint the internal auditor and shall participate in the selection of the chief investment officer and investment directors and the internal auditor shall appoint his or her staff. The executive director shall appoint all employes outside the classified service, except blue collar and clerical employes. Neither the executive director, the internal auditor, the chief investment officer, the chief legal counsel, the chief financial officer, the chief risk officer, any investment director nor any other employe of the board shall have any financial interest, either directly or indirectly, in any firm engaged in the sale or marketing of real estate or investments of any kind, nor shall any of them render investment advice to others for remuneration.

AB100-ASA1, s. 831m Section 831m. 25.17 (1) (ae) of the statutes is created to read:

AB100-ASA1,457,16 25.17 (1) (ae) Arts board endowment fund (s. 25.33);

AB100-ASA1, s. 831s Section 831s. 25.17 (1) (af) of the statutes is created to read:

AB100-ASA1,457,18 25.17 (1) (af) Agricultural chemical cleanup fund (s. 25.468);

AB100-ASA1, s. 674 Section 674. 25.17 (1) (ag) of the statutes is repealed.

AB100-ASA1, s. 832e Section 832e. 25.17 (1) (d) of the statutes is created to read:

AB100-ASA1,457,21 25.17 (1) (d) Dry cleaner environmental response fund (s. 25.48);

AB100-ASA1, s. 832k Section 832k. 25.17 (1) (gm) of the statutes is created to read:

AB100-ASA1,457,23 25.17 (1) (gm) Historical legacy trust fund (s. 25.72);

AB100-ASA1, s. 832m Section 832m. 25.17 (1) (gn) of the statutes is created to read: