2001 Wisconsin Act 16

16,1117 Section 1117. 25.29 (3) (c) of the statutes is repealed.

16,1117m Section 1117m. 25.29 (3g) of the statutes is created to read:

25.29 (3g) For purposes of sub. (3) and s. 29.037, the joint committee on finance shall determine what constitutes the administration of the department when it is exercising its responsibilities that are specific to the management of the fish and wildlife resources of this state.

16,1118 Section 1118. 25.29 (4m) of the statutes is amended to read:

25.29 (4m) Notwithstanding sub. (3), no No moneys that accrue to the state for or in behalf of the department under ch. 29 may be expended or paid for the enforcement of the treaty-based, off-reservation rights to fish held by members of federally recognized American Indian tribes or bands domiciled in Wisconsin.

16,1119 Section 1119. 25.29 (6) of the statutes is amended to read:

25.29 (6) All moneys received from the United States for fire prevention and control, forest planting, and other forestry activities, and for wildlife restoration projects and fish restoration and management projects, and for other purposes, and as provided in s. 29.037, shall be devoted to the purposes for which these moneys are received.

16,1119c Section 1119c. 25.29 (6) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

25.29 (6) All moneys received from the United States for fire prevention and control, forest planting, and other forestry activities, for wildlife restoration projects and fish restoration and management projects, and for other purposes shall be devoted to the purposes for which these moneys are received.

16,1119g Section 1119g. 25.29 (7) (intro.) of the statutes is renumbered 25.28 (3) (a).

16,1119L Section 1119L. 25.29 (7) (a) of the statutes is renumbered 25.28 (3) (am) and amended to read:

25.28 (3) (am) Eight percent of the tax levied under s. 70.58 or of the funds provided for in lieu of the levy shall be used to acquire and develop forests of the state for the purposes or capable of providing the benefits described under s. 28.04 (2) within areas approved by the department of forestry and the governor and located within the region composed of Manitowoc, Calumet, Winnebago, Sheboygan, Fond du Lac, Ozaukee, Washington, Dodge, Milwaukee, Waukesha, Jefferson, Racine, Kenosha, Walworth, Rock and Outagamie counties.

16,1119p Section 1119p. 25.29 (7) (b) of the statutes is renumbered 25.28 (3) (b) and amended to read:

25.28 (3) (b) An additional 4% of the tax levied under s. 70.58 or of the funds provided in lieu of the levy shall be used to purchase forests for the state for the purposes or capable of providing the benefits described under s. 28.04 (2) within areas approved by the department of forestry and the governor and located within the region specified under par. (a) (am).

16,1119t Section 1119t. 25.294 of the statutes is created to read:

25.294 Forestry land endowment fund. There is established a separate nonlapsible trust fund designated as the forestry land endowment fund, to consist of:

(1) All gifts, grants, or bequests made to the forestry land endowment fund. The department of forestry 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.

16,1119x Section 1119x. 25.295 (1) (b) of the statutes is amended to read:

25.295 (1) (b) Notwithstanding s. 23.15 (4), all moneys received by the department of natural resources state from utility easements on property located in the state park system, a southern state forest, or a state recreation area under ss. 23.09 (10), 27.01 (2) (g) and 28.02 (5).

16,1119z Section 1119z. 25.297 of the statutes is created to read:

25.297 Wisconsin outdoor wildlife heritage trust fund. There is established a separate nonlapsible trust fund designated as the Wisconsin outdoor wildlife heritage trust fund, to consist of all gifts, grants, or bequests or other contributions made to the Wisconsin outdoor wildlife heritage trust fund.

16,1120 Section 1120. 25.36 (1) of the statutes is amended to read:

25.36 (1) Except as provided in sub. (2), all moneys appropriated or transferred by law shall constitute the veterans trust fund which shall be used for the veterans programs under ss. 20.485 (2) (m), (mn), (tm), (u), (v), (vo), (w), (z), and (zm), 45.01 45.014, 45.25, 45.351 (1), 45.353, 45.356, 45.357, 45.396, 45.397, and 45.43 (7) and administered by the department of veterans affairs, including all moneys received from the federal government for the benefit of veterans or their dependents; all moneys paid as interest on and repayment of loans under the post-war rehabilitation fund; soldiers rehabilitation fund, veterans housing funds as they existed prior to July 1, 1961; all moneys paid as interest on and repayment of loans under this fund; all moneys paid as expenses for, interest on, and repayment of veterans trust fund stabilization loans under s. 45.356, 1995 stats.; all moneys paid as expenses for, interest on, and repayment of veterans personal loans; the net proceeds from the sale of mortgaged properties related to veterans personal loans; all mortgages issued with the proceeds of the 1981 veterans home loan revenue bond issuance purchased with moneys in the veterans trust fund; all moneys received from the state investment board under s. 45.356 (9) (b); all moneys received from the veterans mortgage loan repayment fund under s. 45.79 (7) (a) and (c); and all gifts of money received by the board of veterans affairs for the purposes of this fund.

16,1121 Section 1121. 25.40 (1) (a) 4m. of the statutes is created to read:

25.40 (1) (a) 4m. Moneys received from telecommunications providers or cable telecommunications service providers that are deposited in the general fund and credited to the appropriation account under s. 20.395 (3) (jh).

16,1122 Section 1122. 25.40 (1) (a) 21. of the statutes is created to read:

25.40 (1) (a) 21. Moneys received as payment for losses of and damage to state property for costs associated with repair or replacement of such property that are deposited in the general fund and credited to the appropriation account under s. 20.395 (3) (jj).

16,1123m Section 1123m. 25.40 (1) (cd) of the statutes is created to read:

25.40 (1) (cd) All moneys transferred to the transportation fund from the appropriation account under s. 20.855 (4) (fm).

16,1124 Section 1124. 25.44 of the statutes is repealed.

16,1125 Section 1125. 25.46 (1k) of the statutes is created to read:

25.46 (1k) The moneys transferred under s. 20.505 (8) (hm) 20.

16,1127 Section 1127. 25.46 (20) of the statutes is created to read:

25.46 (20) All moneys received in settlement of actions initiated under 42 USC 9601 to 9675 for environmental management.

16,1127c Section 1127c. 25.46 (21) of the statutes is created to read:

25.46 (21) All moneys, other than fines and forfeitures, that are received under settlement agreements or orders in settlement of actions or proposed actions for violations of chs. 280 to 299 and that are designated to be used to restore or develop environmental resources, to provide restitution, or to make expenditures required under an agreement or order.

16,1128 Section 1128. 25.463 of the statutes is created to read:

25.463 Agricultural producer security fund. There is established a separate nonlapsible trust fund designated as the agricultural producer security fund, to consist of all fees, surcharges, assessments, reimbursements, and proceeds of surety bonds received by the department of agriculture, trade and consumer protection under ch. 126.

16,1129 Section 1129. 25.47 (7) of the statutes is created to read:

25.47 (7) The fees imposed under s. 101.09 (3) (d).

16,1131 Section 1131. 25.60 of the statutes is repealed and recreated to read:

25.60 Budget stabilization fund. There is created a separate nonlapsible trust fund designated as the budget stabilization fund, consisting of moneys transferred to the fund from the general fund under s. 16.518 (3).

16,1132 Section 1132. 25.61 of the statutes is amended to read:

25.61 VendorNet fund. There is created a separate nonlapsible trust fund designated as the VendorNet fund consisting of all revenues accruing to the state from fees assessed under s. ss. 16.701 and 16.702 (1) and from gifts, grants, and bequests made for the purposes of s. ss. 16.701 and 16.702 (1) and moneys transferred to the fund from other funds.

16,1134 Section 1134. 25.66 (1) of the statutes is renumbered 25.66 (1) (intro.) and amended to read:

25.66 (1) (intro.) There is created a separate nonlapsible trust fund, known as the tobacco control fund, to consist of, in fiscal year 1999-2000, the following:

(a) The first $23,500,000 of the moneys received in fiscal year 1999-2000 under the Attorneys General Master Tobacco Settlement Agreement of November 23, 1998.

16,1135 Section 1135. 25.66 (1) (b) of the statutes is created to read:

25.66 (1) (b) Except as provided in sub. (1m) (a), the first $6,032,300 of the moneys received in fiscal year 2001-02 under the Attorneys General Master Tobacco Settlement Agreement of November 23, 1998.

16,1136 Section 1136. 25.66 (1) (c) of the statutes is created to read:

25.66 (1) (c) Except as provided in sub. (1m) (b), in fiscal year 2002-03, the first $15,345,100 of the moneys received in that fiscal year under the Attorneys General Master Tobacco Settlement Agreement of November 23, 1998.

16,1136g Section 1136g. 25.66 (1) (d) of the statutes is created to read:

25.66 (1) (d) Beginning in fiscal year 2003-04, all moneys transferred from the permanent endowment fund under s. 13.101 (16) (b).

16,1137 Section 1137. 25.66 (1m) of the statutes is created to read:

25.66 (1m) (a) If the state has not received in fiscal year 2001-02 at least $6,032,300 under the Attorneys General Master Tobacco Settlement Agreement of November 23, 1998, because the secretary of administration, under s. 16.63, has sold the state's right to receive payments under the Agreement, the tobacco control fund shall also consist of any moneys transferred to the tobacco control fund from the general fund under s. 16.519 (3).

(b) In fiscal year 2002-03, if the state has not received at least $15,345,100 in that fiscal year under the Attorneys General Master Tobacco Settlement Agreement of November 23, 1998, because the secretary of administration, under s. 16.63, has sold the state's right to receive payments under the Agreement, the tobacco control fund shall also consist of any moneys transferred to the tobacco control fund from the general fund under s. 16.519 (4).

16,1138 Section 1138. 25.67 (2) (b) of the statutes is amended to read:

25.67 (2) (b) All moneys in the fund that are not appropriated under s. 20.433 (1) (r) or expended under s. 20.433 (1) (q) shall continue to accumulate indefinitely.

16,1139 Section 1139. 25.68 (4) of the statutes is created to read:

25.68 (4) All moneys received under s. 49.855 (4) from the department of revenue or the department of administration that were withheld by the department of revenue or the internal revenue service for delinquent child support, family support, or maintenance or outstanding court-ordered amounts for past support, medical expenses, or birth expenses.

16,1140 Section 1140. 25.69 of the statutes is created to read:

25.69 Permanent endowment fund. There is established a separate nonlapsible trust fund designated as the permanent endowment fund, consisting of all of the proceeds from the sale of the state's right to receive payments under the Attorneys General Master Tobacco Settlement Agreement of November 23, 1998, and all investment earnings on the proceeds. Moneys in the permanent endowment fund shall be used only to make the transfers under s. 20.855 (4) (rc), (rh), (rp), and (rv).

16,1141 Section 1141. 25.69 of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

25.69 Permanent endowment fund. There is established a separate nonlapsible trust fund designated as the permanent endowment fund, consisting of all of the proceeds from the sale of the state's right to receive payments under the Attorneys General Master Tobacco Settlement Agreement of November 23, 1998, and all investment earnings on the proceeds. Moneys in the permanent endowment fund shall be used only to make the transfers under s. ss. 13.101 (16) (b) and 20.855 (4) (rc), (rh), (rp), and (rv).

16,1141g Section 1141g. 25.72 of the statutes is repealed and recreated to read:

25.72 Historical legacy trust fund. There is established a separate nonlapsible trust fund designated as the historical legacy trust fund that consists of all moneys in the bicentennial account under s. 25.72 (2), 1999 stats., and all gifts, grants, or bequests made to commemorate the 200th anniversary of Wisconsin statehood.

16,1141r Section 1141r. 25.73 of the statutes is repealed and recreated to read:

25.73 Historical society endowment fund. There is established a separate nonlapsible endowment fund designated as the historical society endowment fund, to consist of all gifts, grants, or bequests made to the fund. Notwithstanding s. 20.907 (1), the historical society may convert any noncash gift, grant, or bequest into cash.

16,1142t Section 1142t. 25.75 (2) of the statutes is amended to read:

25.75 (2) Creation. There is created a separate nonlapsible trust fund known as the lottery fund, to consist of gross lottery revenues received by the department of revenue and moneys transferred to the lottery fund under ss. 20.435 (7) (kg), 20.455 (2) (g), and 20.505 (8) (am), (g), and (jm).

16,1143 Section 1143. 25.77 of the statutes is created to read:

25.77 Medical assistance trust fund. There is created a separate nonlapsible trust fund designated as the medical assistance trust fund, consisting of all of the following:

(1) All federal moneys received, including moneys that the department of health and family services may transfer from the appropriation under s. 20.435 (4) (o), that are related to payments under s. 49.45 (6m) and are based on public funds that are transferred or certified under 42 CFR 433.51 (b) and used as the non-federal share of medical assistance funding.

(2) All public funds that are related to payments under s. 49.45 (6m) and that are transferred or certified under 42 CFR 433.51 (b) and used as the non-federal and federal share of medical assistance funding.

16,1143m Section 1143m. 25.78 of the statutes is created to read:

25.78 Artistic endowment fund. There is established a separate nonlapsible trust fund designated as the artistic endowment fund, to consist of all of the following:

(1) All gifts, grants, bequests, or other contributions made to the artistic endowment fund.

(2) All gifts, grants, bequests, or other contributions made to the Wisconsin Artistic Endowment Foundation and described under s. 247.05 (2) (f).

16,1144m Section 1144m. 25.86 of the statutes is created to read:

25.86 Cemetery management insurance fund. There is established a separate nonlapsible trust fund designated as the cemetery management insurance fund, to consist of the moneys received under s. 69.22 (7).

16,1145 Section 1145. 25.90 of the statutes is repealed.

16,1145d Section 1145d. 25.91 of the statutes is created to read:

25.91 Cash building projects fund. There is created a separate nonlapsible fund designated as the cash building projects fund, consisting of moneys transferred from the general fund under s. 16.518 (4).

16,1146g Section 1146g. 26.01 of the statutes is amended to read:

26.01 Definition. In this chapter, unless the context requires otherwise "department" means the department of natural resources forestry.

16,1146r Section 1146r. 26.06 (1) of the statutes is amended to read:

26.06 (1) Foresters, forest supervisors, and state forest rangers and wardens of the department and the cruisers and foresters of the board of commissioners of public lands have the enforcement powers specified in s. 26.97 with respect to, and may seize, without process, any forest products unlawfully severed from public lands of the state, federal lands leased to the state, county forest lands entered under s. 28.11, forest croplands entered under subch. I of ch. 77, or managed forest land designated under subch. VI of ch. 77. Seized products cut from lands under the control of the board of commissioners of public lands shall be held for the commissioners and those cut from forest croplands, managed forest land, or county forest shall be held for the owner, and subject to the payment of severance taxes, yield taxes or severance share thereon to the state. Products cut from state forest lands or federal lands leased to the department shall be appraised and sold. Products appraised at more than $500 shall be sold on sealed bids not less than 10 days after a class 1 notice has been published, under ch. 985, in the county where the material is located. Any sheriff may seize and hold for the owner thereof any forest products unlawfully severed or removed.

16,1146t Section 1146t. 26.08 (1) of the statutes is amended to read: