AB144: Bill Text

AB144,626,20 23.51 (8) "Violation" means conduct which is prohibited by state law or municipal ordinance and punishable by a forfeiture, a penalty assessment, a law enforcement training fund assessment, a jail assessment, and a crime laboratories and drug law enforcement assessment.

AB144, s. 1072 Section 1072. 23.53 (1) of the statutes is amended to read:

AB144,627,12 23.53 (1) The citation created under this section shall, in all actions to recover forfeitures, penalty assessments, law enforcement training fund assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments, and applicable natural resources restitution payments for violations of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, and any rule of the Kickapoo reserve management board under s. 41.41 (7) (k) be used by any law enforcement officer with authority to enforce those laws, except that the uniform traffic citation created under s. 345.11 may be used by a traffic officer employed under s. 110.07 in enforcing s. 167.31 or by an officer of a law enforcement agency of a municipality or county or a traffic officer employed under s. 110.07 in enforcing s. 287.81. In accordance with s. 345.11 (1m), the citation shall not be used for violations of ch. 350 relating to highway use. The citation may be used for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

AB144, s. 1073 Section 1073. 23.54 (3) (e) of the statutes is amended to read:

AB144,627,20 23.54 (3) (e) The maximum forfeiture, penalty assessment, law enforcement training fund 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 for which the defendant might be found liable.

AB144, s. 1074 Section 1074. 23.54 (3) (i) of the statutes is amended to read:

AB144,628,8 23.54 (3) (i) Notice that, if the defendant makes a deposit and fails to appear in court at the time fixed in the citation, the defendant will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a law enforcement training fund 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 costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and plea.

AB144, s. 1075 Section 1075. 23.54 (3) (j) of the statutes is amended to read:

AB144,628,23 23.54 (3) (j) Notice that, if the defendant makes a deposit and signs the stipulation, the defendant will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a law enforcement training fund 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 costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and stipulation, and that the defendant may, at any time prior to or at the time of the court appearance date, move the court for relief from the effects of the stipulation.

AB144, s. 1076 Section 1076. 23.55 (1) (b) of the statutes is amended to read:

AB144,629,11 23.55 (1) (b) A plain and concise statement of the violation identifying the event or occurrence from which the violation arose and showing that the plaintiff is entitled to relief, the statute upon which the cause of action is based, and a demand for a forfeiture, the amount of which shall not exceed the maximum set by the statute involved, a penalty assessment, a law enforcement training fund 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, any applicable natural resources restitution payment, and any other relief that is sought by the plaintiff.

AB144, s. 1077 Section 1077. 23.66 (2) of the statutes is amended to read:

AB144,630,5 23.66 (2) The person receiving the deposit shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of court or municipal court regarding the disposition of the deposit, and notifying the defendant that if he or she fails to appear in court at the time fixed in the citation he or she will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a law enforcement training fund 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 costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit which the court may accept. The original of the receipt shall be delivered to the defendant in person or by mail. If the defendant pays by check, share draft , or other draft, the check, share draft, or other draft or a microfilm copy of the check, share draft, or other draft shall be considered a receipt. If the defendant makes the deposit by use of a credit card, the credit charge receipt shall be considered a receipt.

AB144, s. 1078 Section 1078. 23.66 (4) of the statutes is amended to read:

AB144,630,18 23.66 (4) The basic amount of the deposit shall be determined in accordance with a deposit schedule that the judicial conference shall establish. Annually, the judicial conference shall review and may revise the schedule. In addition to the basic amount determined according to the schedule, the deposit shall include court costs, including any applicable fees prescribed in ch. 814, any applicable penalty assessment, any applicable law enforcement training fund assessment, any applicable jail assessment, any applicable 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.

AB144, s. 1079 Section 1079. 23.67 (2) of the statutes is amended to read:

AB144,631,5 23.67 (2) The deposit and stipulation of no contest may be made at any time prior to the court appearance date. By signing the stipulation, the defendant is deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment, a law enforcement training fund 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 costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit.

AB144, s. 1080 Section 1080. 23.67 (3) of the statutes is amended to read:

AB144,631,20 23.67 (3) The person receiving the deposit and stipulation of no contest shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of court or municipal court regarding the disposition of the deposit, and notifying the defendant that if the stipulation of no contest is accepted by the court the defendant will be deemed to have submitted to a forfeiture, a penalty assessment, a law enforcement training fund 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 costs, including any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit. Delivery of the receipt shall be made in the same manner as in s. 23.66.

AB144, s. 1081 Section 1081. 23.75 (3) (a) 2. of the statutes is amended to read:

AB144,632,7 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, law enforcement training fund 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.

AB144, s. 1082 Section 1082. 23.75 (3) (b) of the statutes is amended to read:

AB144,633,4 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 law enforcement training fund 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.

AB144, s. 1083 Section 1083. 23.75 (3) (c) of the statutes is amended to read:

AB144,633,25 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 law enforcement training fund 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.

AB144, s. 1084 Section 1084. 23.79 (1) of the statutes is amended to read:

AB144,634,10 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 law enforcement training fund 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.

AB144, s. 1085 Section 1085. 23.80 (2) of the statutes is amended to read:

AB144,634,20 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 law enforcement training fund 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.

AB144, s. 1086 Section 1086. 23.84 of the statutes is amended to read:

AB144,635,10 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, law enforcement training fund 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.

AB144, s. 1087 Section 1087. 23.85 of the statutes is amended to read:

AB144,636,6 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, law enforcement training fund 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, law enforcement training fund 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, law enforcement training fund 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.

AB144, s. 1088 Section 1088. 24.60 (1v) of the statutes is created to read:

AB144,636,9 24.60 (1v) Federated public library system means a federated public library system whose territory lies within 2 or more counties.

AB144, s. 1089 Section 1089. 24.61 (3) (a) 11. of the statutes is created to read:

AB144,636,12 24.61 (3) (a) 11. A federated public library system, as provided under s. 43.17 (9) (b) or otherwise authorized by law.

AB144, s. 1090 Section 1090. 24.61 (3) (b) of the statutes is amended to read:

AB144,636,18 24.61 (3) (b) Terms; conditions. A municipality or, cooperative educational service agency, or federated public library system may obtain a state trust fund loan for the sum of money, for the time and upon the conditions as may be agreed upon between the board and the borrower, subject to the limitations, restrictions, and conditions set forth in this subchapter.

AB144, s. 1091 Section 1091. 24.63 (2r) of the statutes is created to read:

AB144,636,25 24.63 (2r) Federated public library system loans. A state trust fund loan to a federated public library system may be made for any term, not exceeding 20 years, that is agreed upon between the federated public library system and the board and may be made for a total amount that, together will all other indebtedness of the federated public library system, does not exceed the federated public library system's allowable indebtedness under s. 43.17 (9) (b).

AB144, s. 1092 Section 1092. 24.66 (3) (b) of the statutes is amended to read:

AB144,637,8 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).

AB144, s. 1093 Section 1093. 24.66 (3v) of the statutes is created to read:

AB144,637,12 24.66 (3v) For federated public library systems. An application for a loan by a federated public library system shall be accompanied by a certified copy of a resolution of the board of the federated public library system approving the loan.

AB144, s. 1094 Section 1094. 24.66 (4) of the statutes is renumbered 24.66 (4) (a) and amended to read:

AB144,637,22 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 question to be voted on shall be filed as provided in s. 8.37. The notice of the election shall state the amount of the proposed loan and the purpose for which it will be used.

AB144, s. 1095 Section 1095. 24.66 (4) (b) of the statutes is created to read:

AB144,638,9 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 42 days after the filing 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 42 days after the filing 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.

AB144, s. 1096 Section 1096. 24.67 (1) (intro.) of the statutes is amended to read:

AB144,638,15 24.67 (1) (intro.) If the board approves the application, it shall cause certificates of indebtedness to be prepared in proper form and transmitted to the municipality or, cooperative educational service agency, or federated public library system submitting the application. The certificate of indebtedness shall be executed and signed:

AB144, s. 1097 Section 1097. 24.67 (1) (m) of the statutes is created to read:

AB144,638,17 24.67 (1) (m) For a federated public library system, by its president.

AB144, s. 1098 Section 1098. 24.67 (2) (h) of the statutes is created to read:

AB144,638,21 24.67 (2) (h) For a federated public library system, by a member of the federated public library system board designated by that board who is not the president of that board.

AB144, s. 1099 Section 1099. 24.67 (3) of the statutes is amended to read:

AB144,639,8 24.67 (3) If a municipality has acted under subs. (1) and (2), it shall certify that fact to the department of administration. Upon receiving a certification from a municipality, or upon direction of the board if a loan is made to a cooperative educational service agency or a federated public library system, the secretary of administration shall draw a warrant upon the state treasurer for the amount of the loan, payable to the treasurer of the municipality or , cooperative educational service agency, or federated public library system making the loan or as the treasurer of the municipality or, cooperative educational service agency, or federated public library system directs. The certificate of indebtedness shall then be conclusive evidence of the validity of the indebtedness and that all the requirements of law concerning the application for the making and acceptance of the loan have been complied with.

AB144, s. 1100 Section 1100. 24.70 (1) of the statutes is amended to read:

AB144,639,11 24.70 (1) Applicability. This section applies to all outstanding state trust fund loans to borrowers other than school districts and federated public library systems.

AB144, s. 1101 Section 1101. 24.715 of the statutes is created to read:

AB144,639,15 24.715 Collections from federated public library systems. (1) Applicability. This section applies to all outstanding trust fund loans to federated public library systems.

AB144,639,20 (2) Certified statement. If a federated public library system has a state trust fund loan, the board shall transmit to the system board a certified statement of the amount due on or before October 1 of each year until the loan is paid. The board shall furnish a copy of each certified statement to the state treasurer and the department of public instruction.

AB144,640,2 (3) Payment to state treasurer. The system board shall transmit to the state treasurer on its own order the full amount levied for state trust fund loans within 15 days after March 15. The state treasurer shall notify the board when he or she receives payment. Any payment not made by March 30 is delinquent and is subject to a penalty of one percent per month or fraction thereof, to be paid to the state treasurer with the delinquent payment.

AB144,640,7 (4) Failure to make payment. If the system board fails to remit the amounts due under sub. (3), the state superintendent, upon certification of delinquency by the board, shall deduct the amount due including any penalty from any aid payments due the system, shall remit such amount to the state treasurer and, no later than June 15, shall notify the system board and the board to that effect.

AB144, s. 1102 Section 1102. 25.14 (1) (a) 15. of the statutes is created to read:

AB144,640,9 25.14 (1) (a) 15. The permanent endowment fund.

AB144, s. 1103 Section 1103. 25.15 (2) (intro.) of the statutes is amended to read:

AB144,640,13 25.15 (2) Standard of responsibility. (intro.) The Except as provided in s. 25.18 (1) (p), the standard of responsibility applied to the board when it invests money or property shall be all of the following:

AB144, s. 1104 Section 1104. 25.17 (1) (ag) of the statutes is created to read:

AB144,640,15 25.17 (1) (ag) Agricultural producer security fund (s. 25.463);

AB144, s. 1105 Section 1105. 25.17 (1) (ee) of the statutes is repealed.

AB144, s. 1106 Section 1106. 25.17 (1) (eq) of the statutes is created to read:

AB144,640,18 25.17 (1) (eq) Farm rewiring fund (s. 25.98);

AB144, s. 1107 Section 1107. 25.17 (1) (f) of the statutes is repealed.

AB144, s. 1108 Section 1108. 25.17 (1) (jv) of the statutes is created to read:

AB144,640,21 25.17 (1) (jv) Medical assistance trust fund (s. 25.77);

AB144, s. 1109 Section 1109. 25.17 (1) (kr) of the statutes is created to read:

AB144,640,23 25.17 (1) (kr) Permanent endowment fund (s. 25.69);

AB144, s. 1110 Section 1110. 25.17 (1) (te) of the statutes is created to read:

AB144,640,25 25.17 (1) (te) Tax relief fund (s. 25.63);

AB144, s. 1111 Section 1111. 25.17 (16) of the statutes is created to read:

AB144,641,6 25.17 (16) (a) Annually, after June 1 but not later than June 15, beginning in 2004, calculate the amount of moneys that are available in the permanent endowment fund for transfer to the general fund under s. 16.519. For the purpose of this calculation, moneys that are available in the permanent endowment fund for transfer to the general fund shall equal the sum of the following:

AB144,641,10 1. An amount that equals 8.5% of the market value of the investments in the permanent endowment fund on June 1. For the purpose of making the calculation under this subdivision, the board shall not include any amounts or investments specified in subds. 2. and 3.

AB144,641,13 2. All proceeds of, and investment earnings on, investments of the permanent endowment fund made at the direction of the secretary of administration under s. 25.18 (1) (p) that are received in the fiscal year.

AB144,641,17 3. All other amounts identified by the secretary of administration as payments of residual interests to the state from the sale of the state's right to receive payments under the Attorneys General Master Tobacco Settlement Agreement of November 23, 1998, that are received in the fiscal year.

AB144,641,22 (b) Annually, beginning in 2004, submit to the secretary of administration and to the chief clerk of each house, for distribution to the appropriate standing committees under s. 13.172 (3), a report specifying the amount of moneys that are available in the permanent endowment fund for transfer to the general fund under s. 16.519.

AB144, s. 1112 Section 1112. 25.18 (1) (o) of the statutes is created to read:

AB144,642,2 25.18 (1) (o) Invest any of the assets of the permanent endowment fund in any investment that is an authorized investment for assets in the fixed retirement investment trust under s. 25.17 (4) or assets in the variable retirement investment trust under s. 25.17 (5).

AB144, s. 1113 Section 1113. 25.18 (1) (p) of the statutes is created to read: