SB77-SSA1, s. 786
15Section
786. 23.405 (1) of the statutes is renumbered 23.425 (1).
SB77-SSA1, s. 787
16Section
787. 23.405 (2) (a) of the statutes is renumbered 23.425 (2) (a).
SB77-SSA1, s. 788
17Section
788. 23.405 (2) (b) of the statutes is renumbered 23.425 (2) (b) and
18amended to read:
SB77-SSA1,443,2119
23.425
(2) (b) The fees collected by the department under par. (a) for the use
20of the MacKenzie environmental center shall be deposited in the general fund and
21credited to the appropriation under s. 20.370
(5) (gb)
(9) (gb).
SB77-SSA1, s. 789
22Section
789. 23.41 (5m) of the statutes is renumbered 23.41 (5m) (intro.) and
23amended to read:
SB77-SSA1,444,224
23.41
(5m) (intro.) If the governor or the governor's designee determines that
25it is in the best interest of this state, he or she may waive the requirement under sub.
1(5) for bids or competitive sealed proposals
in under any of the following
2circumstances:
SB77-SSA1,444,4
3(a) In an emergency involving the public health, welfare or safety or the
4environment.
SB77-SSA1,444,96
23.41
(5m) (b) The department desires to use innovative or patented
7technology that is available from only one source and that in the judgment of the
8department would provide the best practicable hazardous substance spill response
9under s. 292.11 or environmental repair under s. 292.31.
SB77-SSA1,444,1211
23.51
(2p) "Crime laboratories and drug law enforcement assessment" means
12the assessment imposed under s. 165.755.
SB77-SSA1,444,1614
23.51
(8) "Violation" means conduct which is prohibited by state law or
15municipal ordinance and punishable by a forfeiture, a penalty assessment
and, a jail
16assessment
and a crime laboratories and drug law enforcement assessment.
SB77-SSA1,444,2418
23.54
(3) (e) The maximum forfeiture, penalty assessment, jail assessment,
19crime laboratories and drug law enforcement assessment, applicable weapons
20assessment, applicable environmental assessment, applicable wild animal
21protection assessment, applicable natural resources assessment, applicable fishing
22shelter removal assessment, applicable snowmobile registration restitution
23payment and applicable natural resources restitution payment for which the
24defendant might be found liable.
SB77-SSA1,445,11
123.54
(3) (i) Notice that if the defendant makes a deposit and fails to appear
2in court at the time fixed in the citation, the defendant will be deemed to have
3tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a
4jail assessment,
a crime laboratories and drug law enforcement assessment, any
5applicable weapons assessment, any applicable environmental assessment, any
6applicable wild animal protection assessment, any applicable natural resources
7assessment, any applicable fishing shelter removal assessment, any applicable
8snowmobile registration restitution payment and any applicable natural resources
9restitution payment plus costs, including any applicable fees prescribed in ch. 814,
10not to exceed the amount of the deposit. The notice shall also state that the court may
11decide to summon the defendant rather than accept the deposit and plea.
SB77-SSA1,445,2513
23.54
(3) (j) Notice that if the defendant makes a deposit and signs the
14stipulation, the defendant will be deemed to have tendered a plea of no contest and
15submitted to a forfeiture, a penalty assessment, a jail assessment,
a crime
16laboratories and drug law enforcement assessment, any applicable weapons
17assessment, any applicable environmental assessment, any applicable wild animal
18protection assessment, any applicable natural resources assessment, any applicable
19fishing shelter removal assessment, any applicable snowmobile registration
20restitution payment and any applicable natural resources restitution payment plus
21costs, including any applicable fees prescribed in ch. 814, not to exceed the amount
22of the deposit. The notice shall also state that the court may decide to summon the
23defendant rather than accept the deposit and stipulation, and that the defendant
24may, at any time prior to or at the time of the court appearance date, move the court
25for relief from the effects of the stipulation.
SB77-SSA1,446,122
23.55
(1) (b) A plain and concise statement of the violation identifying the event
3or occurrence from which the violation arose and showing that the plaintiff is entitled
4to relief, the statute upon which the cause of action is based and a demand for a
5forfeiture, the amount of which shall not exceed the maximum set by the statute
6involved, a penalty assessment, a jail assessment,
a crime laboratories and drug law
7enforcement assessment, any applicable weapons assessment, any applicable
8environmental assessment, any applicable wild animal protection assessment, any
9applicable natural resources assessment, any applicable fishing shelter removal
10assessment, any applicable snowmobile registration restitution payment, any
11applicable natural resources restitution payment and any other relief that is sought
12by the plaintiff.
SB77-SSA1,447,614
23.66
(2) The person receiving the deposit shall prepare a receipt in triplicate
15showing the purpose for which the deposit is made, stating that the defendant may
16inquire at the office of the clerk of court or municipal court regarding the disposition
17of the deposit, and notifying the defendant that if he or she fails to appear in court
18at the time fixed in the citation he or she will be deemed to have tendered a plea of
19no contest and submitted to a forfeiture, a penalty assessment, a jail assessment,
a
20crime laboratories and drug law enforcement assessment, any applicable weapons
21assessment, any applicable environmental assessment, any applicable wild animal
22protection assessment, any applicable natural resources assessment, any applicable
23fishing shelter removal assessment, any applicable snowmobile registration
24restitution payment and any applicable natural resources restitution payment plus
25costs, including any applicable fees prescribed in ch. 814, not to exceed the amount
1of the deposit which the court may accept. The original of the receipt shall be
2delivered to the defendant in person or by mail. If the defendant pays by check, share
3draft or other draft, the check, share draft or other draft or a microfilm copy of the
4check, share draft or other draft shall be considered a receipt. If the defendant makes
5the deposit by use of a credit card, the credit charge receipt shall be considered a
6receipt.
SB77-SSA1,447,188
23.66
(4) The basic amount of the deposit shall be determined in accordance
9with a deposit schedule that the judicial conference shall establish. Annually, the
10judicial conference shall review and may revise the schedule. In addition to the basic
11amount determined according to the schedule, the deposit shall include court costs,
12including any applicable fees prescribed in ch. 814, any applicable penalty
13assessment, any applicable jail assessment,
any applicable crime laboratories and
14drug law enforcement assessment, any applicable weapons assessment, any
15applicable environmental assessment, any applicable wild animal protection
16assessment, any applicable natural resources assessment, any applicable fishing
17shelter removal assessment, any applicable snowmobile registration restitution
18payment and any applicable natural resources restitution payment.
SB77-SSA1,448,420
23.67
(2) The deposit and stipulation of no contest may be made at any time
21prior to the court appearance date. By signing the stipulation, the defendant is
22deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty
23assessment, a jail assessment,
a crime laboratories
and drug law enforcement
24assessment, any applicable weapons assessment, any applicable environmental
25assessment, any applicable wild animal protection assessment, any applicable
1natural resources assessment, any applicable fishing shelter removal assessment,
2any applicable snowmobile registration restitution payment and any applicable
3natural resources restitution payment plus costs, including any applicable fees
4prescribed in ch. 814, not to exceed the amount of the deposit.
SB77-SSA1,448,186
23.67
(3) The person receiving the deposit and stipulation of no contest shall
7prepare a receipt in triplicate showing the purpose for which the deposit is made,
8stating that the defendant may inquire at the office of the clerk of court or municipal
9court regarding the disposition of the deposit, and notifying the defendant that if the
10stipulation of no contest is accepted by the court the defendant will be deemed to have
11submitted to a forfeiture, a penalty assessment, a jail assessment,
a crime
12laboratories and drug law enforcement assessment, any applicable weapons
13assessment, any applicable environmental assessment, any applicable wild animal
14protection assessment, any applicable natural resources assessment, any applicable
15fishing shelter removal assessment, any applicable snowmobile registration
16restitution payment and any applicable natural resources restitution payment plus
17costs, including any applicable fees prescribed in ch. 814, not to exceed the amount
18of the deposit. Delivery of the receipt shall be made in the same manner as in s. 23.66.
SB77-SSA1, s. 801
19Section
801. 23.75 (3) (a) 2. of the statutes is amended to read:
SB77-SSA1,449,520
23.75
(3) (a) 2. If the court considers the nonappearance to be a plea of no
21contest and enters judgment accordingly, the court shall promptly mail a copy or
22notice of the judgment to the defendant. The judgment shall allow the defendant not
23less than 20 working days from the date the judgment copy or notice is mailed to pay
24the forfeiture, penalty assessment
and, jail assessment
and crime laboratories and
25drug law enforcement assessment, any applicable weapons assessment, any
1applicable environmental assessment, any applicable wild animal protection
2assessment, any applicable natural resources assessment, any applicable fishing
3shelter removal assessment, any applicable snowmobile registration restitution
4payment and any applicable natural resources restitution payment plus costs,
5including any applicable fees prescribed in ch. 814.
SB77-SSA1,450,27
23.75
(3) (b) If the defendant has made a deposit, the citation may serve as the
8initial pleading and the defendant shall be deemed to have tendered a plea of no
9contest and submitted to a forfeiture, a penalty assessment, a jail assessment,
a
10crime laboratories and drug law enforcement assessment, any applicable weapons
11assessment, any applicable environmental assessment, any applicable wild animal
12protection assessment, any applicable natural resources assessment, any applicable
13fishing shelter removal assessment, any applicable snowmobile registration
14restitution payment and any applicable natural resources restitution payment plus
15any applicable fees prescribed in ch. 814, not exceeding the amount of the deposit.
16The court may either accept the plea of no contest and enter judgment accordingly,
17or reject the plea and issue a summons. If the defendant fails to appear in response
18to the summons, the court shall issue an arrest warrant. If the court accepts the plea
19of no contest, the defendant may move within 90 days after the date set for
20appearance to withdraw the plea of no contest, open the judgment and enter a plea
21of not guilty if the defendant shows to the satisfaction of the court that failure to
22appear was due to mistake, inadvertence, surprise or excusable neglect. If a party
23is relieved from the plea of no contest, the court or judge may order a written
24complaint to be filed and set the matter for trial. After trial the costs and fees shall
25be taxed as provided by law. If on reopening the defendant is found not guilty, the
1court shall delete the record of conviction and shall order the defendant's deposit
2returned.
SB77-SSA1,450,224
23.75
(3) (c) If the defendant has made a deposit and stipulation of no contest,
5the citation may serve as the initial pleading and the defendant shall be deemed to
6have tendered a plea of no contest and submitted to a forfeiture, a penalty
7assessment, a jail assessment,
a crime laboratories
and drug law enforcement
8assessment, any applicable weapons assessment, any applicable environmental
9assessment, any applicable wild animal protection assessment, any applicable
10natural resources assessment, any applicable fishing shelter removal assessment,
11any applicable snowmobile registration restitution payment and any applicable
12natural resources restitution payment plus any applicable fees prescribed in ch. 814,
13not exceeding the amount of the deposit. The court may either accept the plea of no
14contest and enter judgment accordingly, or reject the plea and issue a summons. If
15the defendant fails to appear in response to the summons, the court shall issue an
16arrest warrant. After signing a stipulation of no contest, the defendant may, at any
17time prior to or at the time of the court appearance date, move the court for relief from
18the effect of the stipulation. The court may act on the motion, with or without notice,
19for cause shown by affidavit and upon just terms, and relieve the defendant from the
20stipulation and the effects thereof. If the defendant is relieved from the stipulation
21of no contest, the court may order a citation or complaint to be filed and set the matter
22for trial. After trial the costs and fees shall be taxed as provided by law.
SB77-SSA1,451,724
23.79
(1) If the defendant is found guilty, the court may enter judgment against
25the defendant for a monetary amount not to exceed the maximum forfeiture provided
1by the statute for the violation, the penalty assessment, the jail assessment,
the
2crime laboratories and drug law enforcement assessment, any applicable weapons
3assessment, any applicable environmental assessment, any applicable wild animal
4protection assessment, any applicable natural resources assessment, any applicable
5fishing shelter removal assessment, any applicable snowmobile registration
6restitution payment, any applicable natural resources restitution payment and for
7costs.
SB77-SSA1,451,169
23.80
(2) Upon default of the defendant corporation or municipality, or upon
10conviction, judgment for the amount of the forfeiture, the penalty assessment, the
11jail assessment,
the crime laboratories and drug law enforcement assessment, any
12applicable weapons assessment, any applicable environmental assessment, any
13applicable wild animal protection assessment, any applicable natural resources
14assessment, any applicable fishing shelter removal assessment, any applicable
15snowmobile registration restitution payment and any applicable natural resources
16restitution payment shall be entered.
SB77-SSA1,452,6
1823.84 Forfeitures and assessments collected; to whom paid. Except for
19actions in municipal court, all moneys collected in favor of the state or a municipality
20for forfeiture, penalty assessment, jail assessment,
crime laboratories and drug law
21enforcement assessment, applicable weapons assessment, applicable environmental
22assessment, applicable wild animal protection assessment, applicable natural
23resources assessment, applicable fishing shelter removal assessment, applicable
24snowmobile registration restitution payment and applicable natural resources
25restitution payment shall be paid by the officer who collects the same to the
1appropriate municipal or county treasurer, within 20 days after its receipt by the
2officer, except that all jail assessments shall be paid to the county treasurer. In case
3of any failure in the payment, the municipal or county treasurer may collect the
4payment from the officer by an action in the treasurer's name of office and upon the
5official bond of the officer, with interest at the rate of 12% per year from the time
6when it should have been paid.
SB77-SSA1,452,128
24.01
(1) "Agricultural college lands" embraces all lands granted to the state
9by an act of congress entitled "An act donating public lands to the several states and
10territories which may provide colleges for the benefit of agriculture and the mechanic
11arts," approved July 2, 1862
, as well as any land received under s. 24.09 (1) (bm) in
12exchange for such land.
SB77-SSA1,452,1614
24.01
(4) "Marathon county lands" embraces all lands acquired by the state
15pursuant to chapter 22 of the general laws of 1867
, as well as any land received under
16s. 24.09 (1) (bm) in exchange for such land.
SB77-SSA1,452,2218
24.01
(5) "Normal school lands" embraces all parcels of said "swamp lands"
19which the legislature has declared or otherwise decided, or may hereafter declare or
20otherwise decide, were not or are not needed for the drainage or reclamation of the
21same or other lands
, as well as any land received under s. 24.09 (1) (bm) in exchange
22for such land.
SB77-SSA1,453,3
124.01
(7) "School lands" embraces all lands made a part of "the school fund" by
2article X, section 2, of the constitution
, as well as any land received under s. 24.09
3(1) (bm) in exchange for such land.
SB77-SSA1,453,115
24.01
(9) "Swamp lands" embraces all lands which have been or may be
6transferred to the state pursuant to an act of congress entitled "An act to enable the
7state of Arkansas and other states to reclaim the swamp lands within their limits,"
8approved September 28, 1850, or pursuant to an act of congress entitled "An act for
9the relief of purchasers and locators of swamp and overflowed lands," approved
10March 2, 1855
, as well as any land received under s. 24.09 (1) (bm) in exchange for
11such land.
SB77-SSA1,453,1513
24.01
(10) "University lands" embraces all lands the proceeds of which are
14denominated "the university fund" by article X, section 6, of the constitution
, as well
15as any land received under s. 24.09 (1) (bm) in exchange for such land.
SB77-SSA1,453,2317
24.04
(2) Disbursements. All expenses necessarily incurred in caring for and
18selling public lands shall be deducted from the gross receipts of the fund to which the
19proceeds of the sale of the land will be added.
Expenses necessarily incurred in
20caring for public lands may include expenses for reforestation, erosion and insect
21control, submerged log monitoring, surveys, appraisals and other land management
22practices that serve to protect or enhance the interests of the beneficiaries of the trust
23funds.
SB77-SSA1,454,10
124.09
(1) (bm) The board may exchange part or all of any parcel of public lands
2for any other land of approximately equal value if the board determines that the
3exchange will contribute to the consolidation or completion of a block of land,
4enhance conservation of lands or otherwise be in the public interest.
Under this
5paragraph, an exchange is of "approximately equal value" if the difference in value
6between the more highly valued land and the less highly valued land does not exceed
710% of the value of the more highly valued land. All expenses necessarily incurred
8in making an exchange under this paragraph shall be deducted from the gross
9receipts of the fund to which the proceeds of the sale of the exchanged land will be
10added.
SB77-SSA1,454,1612
24.60
(1g) "Distance education"
has the meaning given in s. 16.992 (1) (b) 13means instruction that takes place, regardless of the location of a teacher or student,
14by means of telecommunications or other means of communication, including cable,
15instructional television fixed service, microwave, radio, satellite, computer,
16telephone or television.
SB77-SSA1, s. 816
17Section
816. 24.60 (1r) of the statutes is repealed and recreated to read:
SB77-SSA1,454,2018
24.60
(1r) "Educational technology" means technology used in the education
19or training of any person or in the administration of an elementary or secondary
20school or a public library.
SB77-SSA1, s. 817
21Section
817. 24.61 (3) (c) 2. a. of the statutes is amended to read:
SB77-SSA1,454,2522
24.61
(3) (c) 2. a. The school board is subject to an order issued by the
23department of education state superintendent of public instruction under s. 115.33
24(3) after December 31, 1991, regarding noncompliance with the standard under s.
25121.02 (1) (i).
SB77-SSA1,455,82
24.61
(3) (d)
Reserve for loans for educational technology and distance
3education projects. Subject to the priority established under par. (c), to the extent
4practicable, in fiscal years 1996-97 to
1999-2000
2002-03, annually the board shall
5reserve $15,000,000 for the purposes of giving priority to loans to school districts,
6counties, municipalities and consortia, other than consortia that include one or more
7technical college districts, for educational technology and distance education
8projects
under s. 16.992.
SB77-SSA1, s. 820
10Section
820. 24.66 (1) (intro.) of the statutes is amended to read:
SB77-SSA1,455,1911
24.66
(1) For all municipalities. (intro.) No trust fund loan may be made
12unless an application is made to the board under this section. The application shall
13state the amount of money required, the purpose to which it is to be applied, the times
14and terms of repayment, whether the loan is sought for an educational technology
15or distance education project under s. 24.61 (3) (d),
and if so, whether the educational
16technology board has approved a grant to pay a portion of the interest on the loan
17under s. 16.992 (3) (b) and
, in the case of a cooperative educational service agency,
18the names of the school districts participating in the distance education project for
19which the loan is sought. The application shall be accompanied by satisfactory proof:
SB77-SSA1,456,222
24.71
(2) Certified statement. If a school district has a state trust fund loan,
23the board shall transmit to the school district clerk a certified statement of the
24amount due on or before October 1 of each year until the loan is paid. The board shall
1furnish a copy of each certified statement to the state treasurer and the department
2of
education public instruction.
SB77-SSA1,456,7
424.78 Distribution of the common school fund income. Under article X,
5section 5, of the constitution the common school fund income shall be distributed to
6the school districts among the several towns, villages and cities of the state for the
7support of common schools therein, as provided in
s.
ss. 44.72 (2) (a) and 43.70.
SB77-SSA1,456,139
25.156
(3) The members of the board shall appoint an investment director
or
10the executive assistant to the executive director, internal auditor, chief investment
11officer, chief financial officer, chief legal counsel or chief risk officer to act as assistant
12director, except that until the appointment is made by the members of the board, the
13executive director may temporarily designate the assistant director.
SB77-SSA1,456,2415
25.156
(4) The members of the board shall promulgate rules restricting the
16executive director,
executive assistant to the executive director, internal auditor,
17chief investment officer,
chief financial officer, chief legal counsel, chief risk officer, 18investment directors and employes from having financial interest, directly or
19indirectly, in firms or corporations providing services to the department and
20governing the receipt of gifts or favors therefrom, and also governing personal
21investments of all employes including the executive director,
executive assistant to
22the executive director, internal auditor, chief investment officer
, chief financial
23officer, chief legal counsel, chief risk officer and investment directors to prevent
24conflicts of interest.
SB77-SSA1,457,14
125.16
(2) Subject to authorization under s. 16.505, the executive director may
2appoint
one division administrator a chief legal counsel, chief financial officer, chief
3risk officer and
not more than 11 investment directors and shall appoint a chief
4investment officer and all other employes necessary to carry out the functions of the
5investment board, except that the investment board shall appoint the internal
6auditor and shall participate in the selection of the chief investment officer and
7investment directors and the internal auditor shall appoint his or her staff. The
8executive director shall appoint all employes outside the classified service, except
9blue collar and clerical employes. Neither the executive director, the internal
10auditor, the chief investment officer,
the chief legal counsel, the chief financial officer,
11the chief risk officer, any investment director nor any other employe of the board
12shall have any financial interest, either directly or indirectly, in any firm engaged in
13the sale or marketing of real estate or investments of any kind, nor shall any of them
14render investment advice to others for remuneration.
SB77-SSA1,457,1616
25.17
(1) (ae) Arts board endowment fund (s. 25.33);
SB77-SSA1,457,1818
25.17
(1) (af) Agricultural chemical cleanup fund (s. 25.468);
SB77-SSA1,457,2121
25.17
(1) (d) Dry cleaner environmental response fund (s. 25.48);
SB77-SSA1,457,2323
25.17
(1) (gm) Historical legacy trust fund (s. 25.72);