Amendment AA1-ASA1-SB55

SB55-ASA1-AA1, s. 1081b Section 1081b. 23.75 (3) (a) 2. of the statutes is amended to read:

SB55-ASA1-AA1,303,4 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, 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.

SB55-ASA1-AA1, s. 1082b Section 1082b. 23.75 (3) (b) of the statutes is amended to read:

SB55-ASA1-AA1,304,2 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.

SB55-ASA1-AA1, s. 1083b Section 1083b. 23.75 (3) (c) of the statutes is amended to read:

SB55-ASA1-AA1,304,22 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.

SB55-ASA1-AA1, s. 1084b Section 1084b. 23.79 (1) of the statutes is amended to read:

SB55-ASA1-AA1,305,7 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.

SB55-ASA1-AA1, s. 1084g Section 1084g. 23.79 (2) of the statutes is amended to read:

SB55-ASA1-AA1,305,15 23.79 (2) The payment of any judgment may be suspended or deferred for not more than 90 days in the discretion of the court. In cases where a deposit has been made, any forfeitures, penalty assessments, jail assessments, weapons assessments, environmental assessments, wild animal protection assessments, natural resources assessments, fishing shelter removal assessments, snowmobile registration restitution payments, natural resources restitution payments or costs shall be taken out of the deposit and the balance, if any, returned to the defendant.

SB55-ASA1-AA1, s. 1085b Section 1085b. 23.80 (2) of the statutes is amended to read:

SB55-ASA1-AA1,305,24 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.

SB55-ASA1-AA1, s. 1085g Section 1085g. 23.83 (2) of the statutes is amended to read:

SB55-ASA1-AA1,306,7 23.83 (2) Stay of execution. The amount of undertaking required to stay execution on appeal shall not exceed the amount of the maximum forfeiture, 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 plus court costs.

SB55-ASA1-AA1, s. 1086b Section 1086b. 23.84 of the statutes is amended to read:

SB55-ASA1-AA1,306,22 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.

SB55-ASA1-AA1, s. 1087b Section 1087b. 23.85 of the statutes is amended to read:

SB55-ASA1-AA1,307,17 23.85 Statement to county board; payment to state. Every county treasurer shall, on the first day of the annual meeting of the county board of supervisors, submit to it a verified statement of all forfeitures, penalty assessments, jail assessments, weapons assessments, environmental assessments, wild animal protection assessments, natural resources assessments, fishing shelter removal assessments, snowmobile registration restitution payments and natural resources restitution payments money received during the previous year. The county clerk shall deduct all expenses incurred by the county in recovering those forfeitures, penalty assessments, weapons assessments, environmental assessments, wild animal protection assessments, natural resources assessments, fishing shelter removal assessments, snowmobile registration restitution payments and natural resources restitution payments from the aggregate amount so received, and shall immediately certify the amount of clear proceeds of those forfeitures, penalty assessments, weapons assessments, environmental assessments, wild animal protection assessments, natural resources assessments, fishing shelter removal assessments, snowmobile registration restitution payments and natural resources restitution payments to the county treasurer, who shall pay the proceeds to the state treasurer as provided in s. 59.25 (3). Jail assessments shall be treated separately as provided in s. 302.46.

SB55-ASA1-AA1, s. 1087g Section 1087g. 24.01 (3) of the statutes is amended to read:

SB55-ASA1-AA1,307,20 24.01 (3) "Department" means department of natural resources fish, wildlife, parks, and forestry.

SB55-ASA1-AA1, s. 1087m Section 1087m. 24.01 (8) of the statutes is amended to read:

SB55-ASA1-AA1,307,23 24.01 (8) "Secretary" means secretary of natural resources fish, wildlife, parks, and forestry.

SB55-ASA1-AA1, s. 1087p Section 1087p. 24.39 (1) of the statutes is amended to read:

SB55-ASA1-AA1,308,12 24.39 (1) The board of commissioners of public lands may grant leases of parts or parcels of any public lands except state park lands and state forest lands; grant easements, leases to enter upon any of said lands to flow the same or to prospect for and to dig and remove therefrom ore, minerals and other deposits,; and sell therefrom such timber as the board shall find necessary to prevent future loss or damage. All sales of standing live timber shall be on a selective cutting basis in line with federal forest practices. Such easements, leases, licenses and sales shall be made only for a full and fair consideration paid or to be paid to the state, the amount and terms whereof shall be fixed by said board, and such easements, leases, licenses and sales shall conform to the requirements, so far as applicable, prescribed by ch. 26 for the exercise by the department of natural resources fish, wildlife, parks, and forestry of similar powers affecting state park lands and state forest lands.

SB55-ASA1-AA1, s. 1087r Section 1087r. 24.39 (2) of the statutes is amended to read:

SB55-ASA1-AA1,308,19 24.39 (2) In negotiating for such leases, licenses or sales, and in exercising the other powers conferred by this section the board of commissioners of public lands shall, so far as it finds it desirable and practicable, request and make proper use of such services and information as the department of natural resources fish, wildlife, parks, and forestry or the department of environmental management may be able to furnish.

SB55-ASA1-AA1, s. 1087t Section 1087t. 24.39 (4) (c) of the statutes is amended to read:

SB55-ASA1-AA1,308,25 24.39 (4) (c) No leases under par. (a) may be executed without a prior finding of the department of natural resources environmental management under s. 30.11 (5) that any proposed physical change in the area contemplated as the result of the execution of any term lease is consistent with the public interest in the navigable waters involved.

SB55-ASA1-AA1, s. 1087v Section 1087v. 24.39 (4) (f) of the statutes is amended to read:

SB55-ASA1-AA1,309,10 24.39 (4) (f) A municipality may sublease rights leased to it under par. (a) 1. or 2. to corporations or private persons. A municipality may also make physical improvements on and above the bottoms to which rights were leased from the board of commissioners of public lands and may sublease these improvements to corporations or private persons. Any subleases under this paragraph shall be consistent with this subsection and with whatever standards or restrictions the department of natural resources environmental management, acting under s. 30.11 (5), may have found at the time of execution of the original lease by the board of commissioners of public lands to the municipality.".

SB55-ASA1-AA1,309,11 603. Page 467, line 2: after that line insert:

SB55-ASA1-AA1,309,20 "6. The board notifies the joint committee on finance in writing of its intention to purchase the land. If the cochairpersons of the committee do not notify the board that the committee has scheduled a meeting for the purpose of reviewing the proposed purchase of land within 14 working days after the date of the board's notification, the land may be purchased by the board. If, within 14 working days after the date of the board's notification, the cochairpersons of the committee notify the board that the committee has scheduled a meeting for the purpose of reviewing the proposed purchase, the land may be purchased only upon approval of the committee.".

SB55-ASA1-AA1,309,21 604. Page 467, line 10: delete "(b)".

SB55-ASA1-AA1,309,22 605. Page 467, line 11: delete lines 11 to 25 and substitute:

SB55-ASA1-AA1,309,23 " Section 1094ab. 24.66 (4) of the statutes is amended to read:

SB55-ASA1-AA1,310,8 24.66 (4) Popular vote, when required. If any municipality 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 referendum called, in accordance with s. 8.065, and noticed and held in the manner provided for other special elections referenda. The question to be voted on shall be filed as provided in s. 8.37. The notice of the election referendum shall state the amount of the proposed loan and the purpose for which it will be used.".

SB55-ASA1-AA1,310,9 606. Page 468, line 1: delete lines 1 to 7.

SB55-ASA1-AA1,310,10 607. Page 468, line 17: after that line insert:

SB55-ASA1-AA1,310,11 " Section 1104. 25.17 (1) (ag) of the statutes is created to read:

SB55-ASA1-AA1,310,12 25.17 (1) (ag) Agricultural producer security fund (s. 25.463);".

SB55-ASA1-AA1,310,13 608. Page 468, line 20: after that line insert:

SB55-ASA1-AA1,310,14 " Section 1106. 25.17 (1) (eq) of the statutes is created to read:".

SB55-ASA1-AA1,310,15 25.17 (1) (eq) Farm rewiring fund (s. 25.98);".

SB55-ASA1-AA1,310,16 609. Page 470, line 23: after that line insert:

SB55-ASA1-AA1,310,17 " Section 1117m. 25.29 (3g) of the statutes is created to read:

SB55-ASA1-AA1,310,21 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.".

SB55-ASA1-AA1,310,22 610. Page 471, line 10: after that line insert:

SB55-ASA1-AA1,310,23 " Section 1119g. 25.293 (1) of the statutes is amended to read:

SB55-ASA1-AA1,311,4 25.293 (1) All gifts, grants or bequests made to the natural resources land endowment fund. The department of natural resources fish, wildlife, parks, and forestry may convert any noncash gift, grant or bequest into cash for deposit into the fund.

SB55-ASA1-AA1, s. 1119r Section 1119r. 25.295 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA1,311,10 25.295 (1) (b) Notwithstanding s. 23.15 (4), all moneys received by the department of natural resources fish, wildlife, parks, and forestry from utility easements on property located in the state park system, a southern state forest, as defined in s. 27.016 (1) (c), or a state recreation area under ss. 23.09 (10), 27.01 (2) (g) and 28.02 (5).".

SB55-ASA1-AA1,311,11 611. Page 472, line 14: delete lines 14 to 16.

SB55-ASA1-AA1,311,12 612. Page 472, line 16: after that line insert:

SB55-ASA1-AA1,311,13 " Section 1122g. 25.40 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA1,311,16 25.40 (1) (b) Motor vehicle fuel and general aviation fuel taxes and other revenues, except general aviation fuel taxes, collected under ch. 78, minus the costs of collecting delinquent taxes under s. 73.03 (28).

SB55-ASA1-AA1, s. 1122j Section 1122j. 25.40 (1) (bg) of the statutes is created to read:

SB55-ASA1-AA1,311,19 25.40 (1) (bg) General aviation fuel taxes collected under ch. 78, minus the costs of collecting delinquent taxes under s. 73.03 (28).

SB55-ASA1-AA1, s. 1122m Section 1122m. 25.40 (1) (c) of the statutes is amended to read:

SB55-ASA1-AA1,311,22 25.40 (1) (c) Taxes on air carrier companies and railroad companies under ch. 76 and aircraft registration fees under s. 114.20.".

SB55-ASA1-AA1,311,23 613. Page 472, line 19: after that line insert:

SB55-ASA1-AA1,311,24 " Section 1123mb. 25.40 (1) (cg) of the statutes is created to read:

SB55-ASA1-AA1,312,1 25.40 (1) (cg) Taxes on railroad companies under ch. 76.

SB55-ASA1-AA1, s. 1123mc Section 1123mc. 25.40 (1) (e) of the statutes is amended to read:

SB55-ASA1-AA1,312,4 25.40 (1) (e) All moneys paid into the state treasury by any local unit of government or other sources for transportation highway purposes.

SB55-ASA1-AA1, s. 1123md Section 1123md. 25.40 (1) (ed) of the statutes is created to read:

SB55-ASA1-AA1,312,7 25.40 (1) (ed) All moneys paid into the state treasury by any local unit of government or other sources for public transportation purposes.

SB55-ASA1-AA1, s. 1123me Section 1123me. 25.40 (1) (eg) of the statutes is created to read:

SB55-ASA1-AA1,312,10 25.40 (1) (eg) All moneys paid into the state treasury by any local unit of government or other sources for aeronautics purposes.

SB55-ASA1-AA1, s. 1123mf Section 1123mf. 25.40 (1) (em) of the statutes is created to read:

SB55-ASA1-AA1,312,13 25.40 (1) (em) All moneys paid into the state treasury by any local unit of government or other sources for multimodal transportation purposes.

SB55-ASA1-AA1, s. 1123mg Section 1123mg. 25.40 (1) (ep) of the statutes is created to read:

SB55-ASA1-AA1,312,17 25.40 (1) (ep) All moneys paid into the state treasury by any local unit of government or other sources for transportation purposes not specified in pars. (e) to (em).

SB55-ASA1-AA1, s. 1123mh Section 1123mh. 25.40 (1) (f) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,312,22 25.40 (1) (f) (intro.) All federal aid for aeronautics, highways and other public transportation purposes, including railroads but excluding aeronautics, made available by any act of congress, subject to applicable federal regulations, except all of the following:

SB55-ASA1-AA1, s. 1123mj Section 1123mj. 25.40 (1) (fd) of the statutes is created to read:

SB55-ASA1-AA1,312,25 25.40 (1) (fd) All federal aid for highways made available by any act of congress, subject to applicable federal regulations.

SB55-ASA1-AA1, s. 1123mk Section 1123mk. 25.40 (1) (fg) of the statutes is created to read:

SB55-ASA1-AA1,313,3 25.40 (1) (fg) All federal aid for aeronautics made available by any act of congress, subject to applicable federal regulations following.

SB55-ASA1-AA1, s. 1123mm Section 1123mm. 25.40 (1) (fp) of the statutes is created to read:

SB55-ASA1-AA1,313,6 25.40 (1) (fp) All federal aid for multimodal transportation purposes made available by any act of congress, subject to applicable federal regulations.

SB55-ASA1-AA1, s. 1123mn Section 1123mn. 25.40 (1) (ft) of the statutes is created to read:

SB55-ASA1-AA1,313,10 25.40 (1) (ft) All federal aid for transportation purposes not specified in pars. (f) to (fp) made available by any act of congress, subject to applicable federal regulations.

SB55-ASA1-AA1, s. 1123mp Section 1123mp. 25.40 (1) (ip) of the statutes is created to read:

SB55-ASA1-AA1,313,12 25.40 (1) (ip) All gifts, grants, or bequests made to the transportation fund.

SB55-ASA1-AA1, s. 1123mr Section 1123mr. 25.40 (2) (b) 22m. of the statutes is created to read:

SB55-ASA1-AA1,313,14 25.40 (2) (b) 22m. Section 20.566 (2) (qm).

SB55-ASA1-AA1, s. 1123ms Section 1123ms. 25.40 (3) of the statutes is created to read:

SB55-ASA1-AA1,313,18 25.40 (3) (a) There is established in the transportation fund a separate account that is designated as the state and local highways account consisting of all of the following:

SB55-ASA1-AA1,313,21 1. All moneys specified under sub. (1) (a), except moneys related to aeronautic purposes described under sub. (4) (b) or public transportation purposes described under sub. (5) (b).