2001 Wisconsin Act 16

16,1124 Section 1124. 25.44 of the statutes is repealed.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16,1131 Section 1131. 25.60 of the statutes is repealed and recreated to read: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:

26.08 (1) The department of forestry may, from time to time, lease parts or parcels of state park lands or state forest lands, other than lands in southern state forests. The department of natural resources may lease parts or parcels of state park lands or lands in southern state forests. These leases shall contain proper covenants to guard against trespass and waste. The rents arising from these leases shall be paid into the state treasury to the credit of the proper fund. Licenses also may be granted to prospect for ore or mineral upon any of these lands; but proper security shall be taken that the licensees will fully inform the department that grants a license of every discovery of ore or mineral and will restore the surface to its former condition and value if no discovery of valuable deposits is made. The department that enters into a lease or grants a license shall retain a copy of each lease or license and file the original in the office of the board of commissioners of public lands.

16,1146u Section 1146u. 26.08 (2) (a) of the statutes is amended to read:

26.08 (2) (a) Except as provided under pars. (b) to (d), the department may lease state park land or state forest land for leases under sub. (1) shall be for terms not exceeding 15 years.

16,1147 Section 1147. 26.08 (2) (bn) of the statutes is created to read:

26.08 (2) (bn) The department may lease state park land located within the boundaries of the Wisconsin Dells natural area for terms not exceeding 30 years.

16,1147m Section 1147m. 26.08 (3) of the statutes is amended to read:

26.08 (3) The department of natural resources and the department of forestry shall furnish to the board of commissioners of public lands such maps, plats, surveys, valuations, information, and other services as the board may request respecting any of the public lands, for use by it in granting leases or licenses or in making sales under s. 24.39.

16,1147r Section 1147r. 26.11 (6) of the statutes is amended to read:

26.11 (6) The department, as the director of the effort, may suppress a forest fire on lands located outside the boundaries of intensive or extensive forest fire protection districts but not within the limits of any city or village if the town responsible for suppressing fires within its boundaries spends more than $3,000, as determined by rates established by the department, on suppressing the forest fire and if the town chairperson makes a request to the department for assistance. Persons participating in the suppression efforts shall act at the direction of the department after the department begins suppression efforts under this subsection. Funds expended by the state under this subsection shall be drawn from the appropriation under s. 20.370 (1) (mu) 20.375 (2) (q).

16,1148 Section 1148. 26.11 (7) (a) of the statutes is amended to read:

26.11 (7) (a) Notwithstanding s. 20.001 (3) (c), if the sum of the unencumbered balances in the appropriation accounts under s. 20.370 (1) (cs) and (mz) exceeds $500,000 $1,000,000 on June 30 of any fiscal year, the amount in excess of $500,000 $1,000,000 shall lapse from the appropriation account under s. 20.370 (1) (cs) to the conservation fund, except as provided in par. (b).

16,1148c Section 1148c. 26.11 (7) (a) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

26.11 (7) (a) Notwithstanding s. 20.001 (3) (c), if the sum of the unencumbered balances in the appropriation accounts under s. 20.370 (1) (cs) 20.375 (2) (r) and (mz) (z) exceeds $1,000,000 on June 30 of any fiscal year, the amount in excess of $1,000,000 shall lapse from the appropriation account under s. 20.370 (1) (cs) 20.375 (2) (r) to the conservation forestry fund, except as provided in par. (b).

16,1148f Section 1148f. 26.11 (7) (b) of the statutes is amended to read:

26.11 (7) (b) Notwithstanding s. 20.001 (3) (c), if the amount in the appropriation account under s. 20.370 (1) (cs) 20.375 (2) (r) is insufficient for the amount that must lapse under par. (a), the remainder that is necessary for the lapse shall lapse from the appropriation account under s. 20.370 (1) (mz) 20.375 (2) (z).

16,1148j Section 1148j. 26.12 (2) of the statutes is amended to read:

26.12 (2) Organization. The department shall organize each forest protection area so as to most effectively prevent, detect and suppress forest fires, and to that end may employ experienced wardens or state forest rangers to have charge of its efforts in each area; may subdivide each area into patrol areas; may establish lookout towers, construct ranger stations, telephone lines, purchase tools for fire fighting as well as other necessary supplies or equipment, and carry on all other activities considered necessary to effectively protect the area from forest fires, including the promulgation of rules for the payment of fire fighters, the preparation of notices and forms for publication and the disposition and use of all fire-fighting equipment or property. All property or equipment purchased by the state shall be owned by the state, but counties or towns may purchase and own equipment for fire suppression, and the equipment shall be used for the improvement of the forest fire-fighting organization.

16,1148r Section 1148r. 26.14 (2) of the statutes is amended to read:

26.14 (2) All such state forest rangers, town chairpersons, emergency fire wardens, conservation wardens and other duly appointed deputies may in the performance of their official duty go on the lands of any person to fight forest fires, and in so doing may set back fires, dig trenches, cut fire lines or carry on all other customary activities in the fighting of forest fires, without incurring a liability to anyone.

16,1149 Section 1149. 26.145 (1) of the statutes is amended to read:

26.145 (1) Grants. The department shall establish a program to award grants for up to 50% of the cost of acquiring fire resistant clothing for suppressing fires and , of acquiring fire suppression supplies, equipment, and vehicles, of acquiring fire prevention materials, and of training fire fighters in forest fire suppression techniques.

16,1149b Section 1149b. 26.20 (6) (b) of the statutes is amended to read:

26.20 (6) (b) Any state forest ranger, conservation warden, sheriff or other duly appointed authority may, in the performance of official duties, require any train causing fires or suspected of causing fires to stop within a safe distance from the fires to avoid further setting or spread of fire.

16,1149c Section 1149c. 26.22 of the statutes is amended to read:

26.22 Sales, etc. The department of forestry may sell any timber on the state park or state forest lands which , other than lands in southern state forests, that has been damaged by fire or wind, on such terms and in such manner as it shall deem best for the interest of the state. The department of natural resources may sell any timber on lands in southern state forests that has been damaged by fire or wind, on such terms and in such manner as it shall deem best for the interest of the state.

16,1149d Section 1149d. 26.30 (2) of the statutes is amended to read:

26.30 (2) Powers. The department is vested with authority and jurisdiction in all matters relating to the prevention, detection and control of forest pests on the forest lands of the state, and to do all things necessary in the exercise of such authority and jurisdiction, except that this shall not be construed to grant any powers or authority to the department for the silvicultural control of forest pests on any land. This section shall apply only to the detection and control of forest pests on forest lands and does not affect the authority of the department of agriculture, trade and consumer protection under chs. 93 and 94. The action of the department under sub. (4) shall be coordinated with the department of agriculture, trade and consumer protection in accordance with s. 20.901. The secretaries of natural resources forestry and agriculture, trade and consumer protection shall execute annually a memorandum of agreement to enable the coordination of pest control work of their departments.

16,1149e Section 1149e. 26.30 (4) of the statutes is amended to read:

26.30 (4) Surveys, investigations and control. The department shall make surveys and investigations to determine the presence, condition and extent of infestations and it shall also carry on control measures when necessary. For such purposes the department or its wardens or state forest rangers may enter public and private lands at reasonable times without incurring a liability to anyone.

16,1149g Section 1149g. 26.37 (1) (intro.) of the statutes is amended to read: