SECTION 686. 23.51 (6) of the statutes is amended to read:
23.51 (6) "Penalty assessment" means the penalty assessment imposed by s. 165.87 757.05.
SECTION 687. 23.65 (1) of the statutes is amended to read:
23.65 (1) When it appears to the district attorney that a violation of s. 134.60, 281.48 (2) to (5), 283.33, 285.57 (2), 285.59 (2), (3) (c) and (4), 287.07, 287.08, 287.81 or 299.64 (2), this chapter or ch. 26, 27, 28, 29, 30, 31 or 350, or any administrative rule promulgated pursuant thereto, or a violation specified under s. 285.86 has been committed the district attorney may proceed by complaint and summons.
SECTION 688. 23.65 (3) of the statutes is amended to read:
23.65 (3) If a district attorney refuses or is unavailable to issue a complaint, a circuit judge, after conducting a hearing, may permit the filing of a complaint if he or she finds there is probable cause to believe that the person charged has committed a violation of s. 287.07, 287.08 or 287.81, this chapter or ch. 26, 27, 28, 29, 30, 31 or 350 or a violation specified under s. 285.86. The district attorney shall be informed of the hearing and may attend.
SECTION 689. 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, soil surveys and soil mapping activities and other land management practices that serve to protect or enhance the interests of the beneficiaries of the trust funds.
SECTION 690. 24.63 (4) of the statutes is amended to read:
24.63 (4) REPAYMENT BEFORE DUE DATE PERMITTED. Any borrower after March 15 and prior to August 1 of any year may repay one or more instalments of a state trust fund loan in advance of the due date, and all interest upon such advance payment shall thereupon terminate. The board may charge a borrower who repays one or more instalments of a loan a fee to cover any administrative costs incurred by the board in originating and servicing the loan.
SECTION 691. 24.64 of the statutes is created to read:
24.64 Reimbursements for certain administrative services. The board shall reimburse the department of administration, from the appropriation account under s. 20.507 (1) (h), for administrative services provided by the department of administration and other state agencies to the board.
SECTION 692. 24.66 (3) (b) of the statutes is amended to read:
24.66 (3) (b) For long-term loans by unified school districts. Every application for a loan, the required repayment of which exceeds 10 years, shall be approved and authorized for a unified school district by a majority vote of the members of the school board at a regular or special meeting of the school board. Every vote so required shall be by ayes and noes duly recorded. In addition, the application shall be approved for a unified school district by a majority vote of the electors of the school district at a special election referendum as provided under sub. (4) (b).
SECTION 693. 24.66 (4) of the statutes is renumbered 24.66 (4) (a) and amended to read:
24.66 (4) (a) If any municipality other than a school district is not empowered by law to incur indebtedness for a particular purpose without first submitting the question to its electors, the application for a state trust fund loan for that purpose must be approved and authorized by a majority vote of the electors at a special election called, noticed and held in the manner provided for other special elections. The notice of the election shall state the amount of the proposed loan and the purpose for which it will be used.
SECTION 694. 24.66 (4) (b) of the statutes is created to read:
24.66 (4) (b) If any school district is not empowered by law to incur indebtedness for a particular purpose without first submitting the question to its electors, the application for a state trust fund loan for that purpose must be approved and authorized by a majority vote of the electors at the next regularly scheduled spring election or general election that occurs not sooner than 45 days after the adoption of the resolution under sub. (5) or at a special election held on the Tuesday after the first Monday in November in an odd-numbered year if that date occurs not sooner than 45 days after the adoption of the resolution under sub. (5). The referendum shall be called, noticed and held in the manner provided for other referenda. The notice of the referendum shall state the amount of the proposed loan and the purpose for which it will be used.
SECTION 695. 25.156 (6) (intro.) of the statutes is amended to read:
25.156 (6) (intro.) The investment board may provide a plan of bonus compensation for the executive director, internal auditor, employes appointed by the internal auditor who are appointed in the unclassified service and other employes of the board who are appointed in the unclassified service, other than employes eligible for the plan of bonus compensation provided under sub. (6m), whereby the employes may qualify for an annual bonus for meritorious performance. No such bonuses awarded by the board for any fiscal year may exceed a total of 10% of the total annualized salaries of all unclassified employes of the board, other than employes eligible for the plan of bonus compensation provided under sub. (6m), at the beginning of the fiscal year. No bonus awarded by the board to any individual employe for any fiscal year may exceed a total of 25% of the annual salary of the employe at the beginning of the fiscal year. In awarding bonus compensation for a given period, the board shall consider the performance of funds similar to those for which it has managing authority and market indices for the same period. The board shall provide for a portion of the bonus compensation awarded under this subsection to be distributed to an employe over a 3-year period conditioned upon continuation of employment to the time of distribution, except as provided in sub. (7). Bonus compensation may only be awarded under this subsection pursuant to a plan adopted by the board that specifies all of the following:
SECTION 696. 25.156 (6m) of the statutes is created to read:
25.156 (6m) (a) The investment board may provide a plan of bonus compensation for employes of the board who are appointed in the unclassified service and who are investment professionals, as determined by the secretary of administration under par. (b), whereby the employes may qualify for an annual bonus for meritorious performance. No such bonuses awarded by the board for any fiscal year may exceed a total of 25% of the total annualized salaries of all employes who are investment professionals, as determined by the secretary of administration under par. (b), at the beginning of the fiscal year. No bonus awarded by the board to any individual employe for any fiscal year may exceed a total of 50% of the annual salary of the employe at the beginning of the fiscal year. In awarding bonus compensation for a given period, the board shall consider the performance of funds similar to those for which it has managing authority and market indices for the same period. Bonus compensation may only be awarded under this subsection pursuant to a plan adopted by the board that specifies all of the following:
1. The conditions under which bonus compensation will be awarded.
2. The percentage of the total available bonus compensation that will be awarded based upon beneficial investment performance and the percentage of such compensation that will be awarded based upon other meritorious performance.
3. The specific criteria that will be employed in considering whether to award bonus compensation to a particular employe.
(b) Annually, no later than June 30, the secretary of administration shall determine which employes of the board are investment professionals and eligible for the plan of bonus compensation provided under par. (a) for the succeeding fiscal year and shall report this determination to the board.
SECTION 697. 25.16 (7) of the statutes is amended to read:
25.16 (7) The executive director shall fix the compensation of all employes appointed by the executive director, subject to restrictions set forth in the compensation plan under s. 230.12 or any applicable collective bargaining agreement in the case of employes in the classified service, but the investment board may provide for bonus compensation to employes in the unclassified service as authorized under s. 25.156 (6) and (6m).
SECTION 698. 25.17 (1) (ka) of the statutes is created to read:
25.17 (1) (ka) Natural resources land endowment fund (s. 25.293);
SECTION 699. 25.17 (70) (a) of the statutes is amended to read:
25.17 (70) (a) No later than June 30 of every odd-numbered year, after receiving a report from the department of commerce under s. 560.08 (2) (m) and in consultation consulting with the department of commerce, submit to the governor and to the presiding officer of each house of the legislature a plan for making investments in this state. The purpose of the plan is to encourage the board to make the maximum amount of investments in this state, subject to s. 25.15 and consistent with the statutory purpose of each trust or fund managed by the board.
SECTION 700. 25.17 (70) (b) 1. of the statutes is amended to read:
25.17 (70) (b) 1. A report from the department of commerce under s. 560.08 (2) (m) describing the types of investments in businesses in this state which will have the greatest likelihood of enhancing economic development in this state.
SECTION 701. 25.18 (2) (e) of the statutes is amended to read:
25.18 (2) (e) Contract with and delegate to investment advisers the management and control over assets from any fund or trust delivered to such investment advisers for investment in real estate, mortgages, equities, debt of foreign corporations and debt of foreign governments, and pay such advisers fees from the current income of the fund or trust being invested. No more than 15% 25% of the total assets of the fixed retirement investment trust or 15% 25% of the total assets of the variable retirement investment trust may be delivered to investment advisers. The board shall set performance standards for such investment advisers, monitor such investments to determine if performance standards are being met and if an investment adviser does not consistently meet the performance standards then terminate the contract with such investment adviser.
SECTION 702. 25.29 (1) (a) of the statutes is amended to read:
25.29 (1) (a) Except as provided in s. ss. 25.293 and 25.295, all moneys accruing to the state for or in behalf of the department under chs. 26, 27, 28, 29 and 350, subchs. I and VI of ch. 77 and ss. 23.09 to 23.31, 23.325 to 23.42, 23.50 to 23.99, 30.50 to 30.55, 70.58 and 71.10 (5), including grants received from the federal government or any of its agencies except as otherwise provided by law.
SECTION 703. 25.293 of the statutes is created to read:
25.293 Natural resources land endowment fund. There is established a separate nonlapsible trust fund designated as the natural resources land endowment fund, to consist of:
(1) All gifts, grants or bequests made to the natural resources land endowment fund. The department of natural resources may convert any noncash gift, grant or bequest into cash for deposit into the fund.
(2) All interest and other income generated from these gifts, grants and bequests.
SECTION 704. 25.40 (1) (a) 18. of the statutes is created to read:
25.40 (1) (a) 18. Moneys received under s. 85.12 that are deposited in the general fund and credited to the appropriation account under s. 20.395 (5) (dk) or (dL).
SECTION 705. 25.40 (2) (b) 15m. of the statutes is created to read:
25.40 (2) (b) 15m. Section 20.435 (1) (t).
SECTION 706. 25.42 of the statutes is amended to read:
25.42 Wisconsin election campaign fund. All moneys appropriated under s. ss. 20.510 (1) (c) and 20.855 (4) (b) together with all moneys reverting to the state under s. 11.50 (8) and all gifts, bequests and devises received under s. 11.50 (13) constitute the Wisconsin election campaign fund, to be expended for the purposes of s. 11.50. All moneys in the fund not disbursed by the state treasurer shall continue to accumulate indefinitely.
SECTION 707. 25.43 (3) of the statutes is amended to read:
25.43 (3) Except for the purpose of investment as provided in s. 25.17 (2) (d), the environmental improvement fund may be used only for the purposes authorized under ss. 20.320 (1) (r), (s), (sm), (t), (x) and (y) and, (2) (s) and (x) and (3) (q), 20.370 (4) (mt), (mx) and (nz), (8) (mr) and (9) (mt), (mx) and (ny), 20.505 (1) (v), (x) and (y), 281.58, 281.59, 281.60, 281.61 and 281.62.
SECTION 708. 25.46 (1r) of the statutes is created to read:
25.46 (1r) The moneys transferred from the Wisconsin development reserve fund under 1999 Wisconsin Act .... (this act), section 9225 (1).
SECTION 709. 25.46 (5c) of the statutes is amended to read:
25.46 (5c) The moneys collected under s. 145.19 (6) (9) for environmental management.
SECTION 710. 25.46 (11) of the statutes is created to read:
25.46 (11) The moneys collected under s. 292.75 (8).
SECTION 711. 25.46 (12) of the statutes is created to read:
25.46 (12) The funds transferred under s. 292.65 (11).
SECTION 712. 25.465 (8) of the statutes is amended to read:
25.465 (8) The fees collected under s. 94.72 (5) (b) and (6) (a) 1. and 2. and (i).
****NOTE: This is reconciled s. 25.465 (8). This SECTION has been affected by drafts with the following LRB numbers: -0061/3 and -0095/1.
SECTION 713. 25.47 of the statutes is renumbered 25.47 (intro.) and amended to read:
25.47 Petroleum inspection fund. (intro.) There is established a separate nonlapsible trust fund designated as the petroleum inspection fund, to consist of the:
(1) The fees imposed under s. 168.12 (1), the.
(2) The payments under s. 101.143 (4) (h) 1m., the
(3) The payments under s. 101.143 (5) (a) and the.
(4) The net recoveries under s. 101.143 (5) (c).
SECTION 714. 25.47 (1m) of the statutes is created to read:
25.47 (1m) Any fees imposed under s. 101.143 (2) (i).
****NOTE: This is reconciled s. 25.47 (1m). This SECTION has been affected by drafts with the following LRB numbers: LRB-1668 and LRB-1432.
SECTION 715. 25.47 (5) of the statutes is created to read:
25.47 (5) The moneys transferred from the appropriation account under s. 20.143 (3) (s).
SECTION 716. 25.48 of the statutes is amended to read:
25.48 Dry cleaner environmental response fund. There is established a separate nonlapsible trust fund designated as the dry cleaner environmental response fund, to consist of the moneys required under s. 77.9964 (3) to be deposited in the fund and moneys collected under ss. 292.65 (9) (c) and (9m).
SECTION 717. 25.50 (1) (d) of the statutes is amended to read:
25.50 (1) (d) "Local government" means any county, town, village, city, power district, sewerage district, drainage district, town sanitary district, public inland lake protection and rehabilitation district, local professional baseball park district created under subch. III of ch. 229, family care district under s. 46.2895, public library system, school district or technical college district in this state, any commission, committee, board or officer of any governmental subdivision of this state, any court of this state, other than the court of appeals or the supreme court, or any authority created under s. 231.02, 233.02 or 234.02.
SECTION 718. 25.80 of the statutes is amended to read:
25.80 Tuition trust fund. There is established a separate nonlapsible trust fund designated as the tuition trust fund, consisting of all revenue from enrollment fees and the sale of tuition units under s. 16.24 14.63.
SECTION 719. 26.145 (4) of the statutes is repealed.
SECTION 720. 27.01 (2) (a) of the statutes is amended to read:
27.01 (2) (a) Acquire by purchase, lease or agreement lands or waters suitable for state park purposes and may acquire such lands and waters by condemnation after obtaining approval of the senate and assembly committees on natural resources.
SECTION 721. 28.02 (2) of the statutes is amended to read:
28.02 (2) ACQUISITION. The department may acquire lands or interest in lands by grant, devise, gift, condemnation or purchase within the boundaries of established state forests or purchase areas; and outside of such boundaries for forest nurseries, tracts for forestry research or demonstration and for forest protection structures, or for access to such properties. In the case of condemnation the department shall first obtain approval from the appropriate standing committees of each house of the legislature as determined by the presiding officer thereof.
SECTION 722. 28.05 (1) of the statutes is amended to read:
28.05 (1) LIMITATIONS. Cutting shall be limited to trees marked or designated for cutting by a forester in the professional series of the state classified civil service or by a department-designated employe equally qualified by reason of long, practical experience. The department may sell products removed in cultural or salvage cuttings and standing timber designated in timber sale contracts, but all sales shall be based on tree scale or on the scale, measure or count of the cut products. The department may require that a person purchasing products or standing timber under a timber sale contract provide surety for the proper performance of the contract either directly or through a bond furnished by a surety company authorized to do business in this state.
SECTION 723. 29.024 (6) (am) of the statutes is created to read:
29.024 (6) (am) In reserving deer hunting back tag numbers, the department may do any of the following:
1. Directly reserve the numbers.
2. Appoint, as an agent of the department, the clerk of one or more counties to reserve the numbers.
3. Appoint, as agents of the department, persons who are not employes of the department to reserve the numbers.
SECTION 724. 29.024 (6) (b) of the statutes is amended to read:
