2007 Wisconsin Act 226

226,7 Section 7. 16.52 (10) of the statutes is amended to read:

16.52 (10) Department of public instruction. The provisions of sub. (2) with respect to refunds and sub. (5) (a) with respect to reimbursements for the prior fiscal year shall not apply to the appropriation appropriations under s. 20.255 (2) (ac) and (at).

226,8 Section 8. 16.526 of the statutes is repealed.

226,9 Section 9. 16.527 (title) of the statutes is amended to read:

16.527 (title) Retirement of state's unfunded liabilities under the Wisconsin Retirement System; appropriation Appropriation obligations.

226,10 Section 10. 16.527 (1) of the statutes is amended to read:

16.527 (1) Legislative finding and determination findings and determinations.

(a) Recognizing that the state, by prepaying part or all of the state's unfunded prior service liability under s. 40.05 (2) (b) and the state's unfunded liability under s. 40.05 (4) (b), (bc), and (bw) and subch. IX of ch. 40, may reduce its costs and better ensure the timely and full payment of retirement benefits to participants and their beneficiaries under the Wisconsin Retirement System, the legislature finds and determines that it is in the public interest for the state to issue appropriation obligations to obtain proceeds to pay the state's anticipated unfunded prior service liability under s. 40.05 (2) (b) and to pay part or all of the state's unfunded prior service liability under s. 40.05 (2) (b) and the state's unfunded liability under s. 40.05 (4) (b), (bc), and (bw) and subch. IX of ch. 40.

226,11 Section 11. 16.527 (1) (b) of the statutes is created to read:

16.527 (1) (b) The legislature finds and determines that the purchase of any of the tobacco settlement revenues that had been sold by the secretary under s. 16.63 from the net proceeds of appropriation obligations issued under this section is appropriate and in the public interest and will serve a public purpose.

226,12 Section 12. 16.527 (2) (d) of the statutes is created to read:

16.527 (2) (d) "Tobacco settlement agreement" has the meaning given in s. 16.63 (1) (b).

226,13 Section 13. 16.527 (2) (e) of the statutes is created to read:

16.527 (2) (e) "Tobacco settlement revenues" has the meaning given in s. 16.63 (1) (c).

226,14 Section 14. 16.527 (3) (b) 2. and 3. of the statutes are amended to read:

16.527 (3) (b) 2. The sum of appropriation obligations issued under this section for the purpose under subd. 1., excluding any obligations that have been defeased under a cash optimization program administered by the building commission and any obligations issued pursuant to subd. 3., and revenue obligations issued under s. 16.526, if any, may not exceed $1,500,000,000.

3. The department may contract appropriation obligations as the department determines is desirable to fund or refund outstanding appropriation obligations issued under this section for the purpose under subd. 1., to pay issuance or administrative expenses, to make deposits to reserve funds, to pay accrued or funded interest, to pay the costs of credit enhancement, or to make payments under other agreements entered into under sub. (4) (e).

226,15 Section 15. 16.527 (3) (c) of the statutes is created to read:

16.527 (3) (c) 1. Before July 1, 2009, subject to the limitation under subd. 2., the department may contract appropriation obligations of the state under this section for the purpose of purchasing any of the tobacco settlement revenues that had been sold by the secretary under s. 16.63.

2. The sum of appropriation obligations issued under this section for the purpose under subd. 1. , excluding any obligations that have been defeased under a cash optimization program administered by the building commission and any obligations issued pursuant to subd. 3., may not exceed $1,700,000,000, excluding amounts representing original issue discount, unless a higher amount is required by Badger Tobacco Asset Securitization Corporation to defease any outstanding indebtedness secured by such tobacco settlement revenues and to release repurchased tobacco settlement revenues to the state free and clear of any security interest therein. The secretary's certification as to the amount so required shall be conclusive for all purposes of this section.

3. The department may contract appropriation obligations as the department determines is desirable to fund outstanding appropriation obligations issued under this section for the purpose under subd. 1., to pay issuance or administrative expenses, to make deposits to reserve funds, to pay accrued or funded interest, to pay the costs of credit enhancement, or to make payments under other agreements entered into under sub. (4) (e).

226,16 Section 16. 16.527 (8) (f) of the statutes is created to read:

16.527 (8) (f) The department may enter into a contract with any firm or individual engaged in financial services for the performance of any of its duties under this section, using selection and procurement procedures established by the department. The contract is not subject to s. 16.705 or 16.75.

226,17 Section 17. 16.527 (10) of the statutes is amended to read:

16.527 (10) Moral obligation pledge. Recognizing its moral obligation to do so, the legislature expresses its expectation and aspiration that it shall make timely appropriations from moneys in the general fund that are sufficient to pay the principal and interest due with respect to any appropriation obligations in any year, to make payments of the state under agreements and ancillary arrangements entered into under sub. (4) (e), to make deposits into reserve funds created under sub. (3) (b) 3. or (c) 3., and to pay related issuance or administrative expenses.

226,18 Section 18. 16.63 (2) of the statutes is amended to read:

16.63 (2) The Before July 1, 2009, the secretary may sell for cash or other consideration the state's right to receive any of the payments under the tobacco settlement agreement.

226,19 Section 19. 20.003 (4) (ft) of the statutes is amended to read:

20.003 (4) (ft) For fiscal year 2007-08, $65,000,000 $25,000,000.

226,20 Section 20. 20.003 (4) (fv) of the statutes is amended to read:

20.003 (4) (fv) For fiscal year 2008-09, $65,000,000 $25,000,000.

226,21 Section 21. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

226,22 Section 22. 20.255 (2) (at) of the statutes is created to read:

20.255 (2) (at) General equalization aids; reduction in delayed payment. A sum sufficient equal to the amount of the reductions made under s. 16.518 (2m) in the current fiscal year to the amounts of the delayed school aid payments under s. 121.15 (1m) (a) 3. and 4., for the payment of educational aids under s. 121.08.

226,23 Section 23. 20.505 (1) (bq) of the statutes is created to read:

20.505 (1) (bq) Appropriation obligations repayment; tobacco settlement revenues. The amounts in the schedule to pay debt service costs due in the current fiscal year on appropriation obligations issued under s. 16.527 for the purpose under s. 16.527 (3) (c) 1. , to make payments of the state under agreements and ancillary arrangements entered into under s. 16.527 (4) (e), and to pay related issuance or administrative expenses.

226,24 Section 24. 20.505 (1) (br) of the statutes is amended to read:

20.505 (1) (br) Appropriation obligations repayment; unfunded liabilities under the Wisconsin Retirement System. The amounts in the schedule to pay debt service costs due in the current fiscal year on appropriation obligations issued under s. 16.527 for the purpose under s. 16.527 (3) (b) 1. , to make payments of the state under agreements and ancillary arrangements entered into under s. 16.527 (4) (e), to make deposits into reserve funds created under s. 16.527 (3) (b) 3., and to pay related issuance or administrative expenses.

226,25 Section 25. 20.505 (1) (iq) of the statutes is amended to read:

20.505 (1) (iq) Appropriation obligation proceeds; unfunded liabilities under the Wisconsin Retirement System. All moneys received from the sale of appropriation obligations that are issued under s. 16.527 for the purpose under s. 16.527 (3) (b) 1. , and any earnings on such moneys and on any other moneys held for the purpose of this paragraph, to pay part or all of the state's unfunded prior service liability under s. 40.05 (2) (b) and the state's unfunded liability under s. 40.05 (4) (b), (bc), and (bw) and subch. IX of ch. 40, as determined by the department of administration, and to provide for reserves and for expenses of issuance and administration of the appropriation obligations, and to pay interest on the appropriation obligations, the redemption price of refunded appropriation obligations and any related obligations incurred under agreements entered into under s. 16.527 (4) (e), as determined by the department of administration. Estimated disbursements under this paragraph shall not be included in the schedule under s. 20.005.

226,26 Section 26. 20.505 (1) (iw) of the statutes is created to read:

20.505 (1) (iw) Appropriation obligation proceeds; tobacco settlement revenues. All moneys received from the sale of appropriation obligations that are issued under s. 16.527 for the purpose under s.16.527 (3) (c) 1. , and any earnings on such moneys and on any other moneys held for the purpose of this paragraph, to purchase any of the tobacco settlement revenues that had been sold by the secretary under s. 16.63, as determined by the department of administration, and to provide for reserves and for expenses of issuance and administration of the appropriation obligations, and to pay interest on the appropriation obligations, the redemption price of refunded appropriation obligations and any related obligations incurred under agreements entered into under s. 16.527 (4) (e), as determined by the department of administration. Estimated disbursements under this paragraph shall not be included in the schedule under s. 20.005.

226,27 Section 27. 20.505 (1) (sd) of the statutes is repealed.

226,28 Section 28. 20.505 (1) (sh) of the statutes is repealed.

226,29 Section 29. 20.505 (1) (sm) of the statutes is repealed.

226,30 Section 30. 20.505 (1) (sp) of the statutes is repealed.

226,31 Section 31. 20.835 (1) (d) of the statutes is amended to read:

20.835 (1) (d) Shared revenue account. A sum sufficient to meet the requirements of the shared revenue account established under s. 79.01 (2) to provide for the distributions from the shared revenue account to counties, towns, villages and cities under ss. 79.03, 79.04 (1) to (4) (4m), and 79.06.

226,32 Section 32. 20.866 (2) (uur) of the statutes is amended to read:

20.866 (2) (uur) Transportation; state highway rehabilitation projects. From the capital improvement fund, a sum sufficient for the department of transportation to fund state highway rehabilitation projects, as provided under s. 84.95. The state may contract public debt in an amount not to exceed $250,000,000 for this purpose. In addition, the state may contract public debt in an amount not to exceed $50 million for this purpose.

226,33 Section 33. 23.225 of the statutes is created to read:

23.225 Invasive fish species. (1) In this section, "invasive fish species" means a species of fish that is not native to the waters of this state and that causes, or is likely to cause, harm to the economy, to the environment, or to human health.

(2) No person may possess, release, control, store, sell, or transport any fish, or viable fish eggs, that are of an invasive fish species if the person knows, or should know, that the fish or the eggs are of an invasive fish species.

(3) The prohibitions under sub. (2) do not apply to any of the following:

(a) A person who holds a scientific collector permit under s. 29.614.

(b) A person who holds a permit to import fish under s. 29.735.

(c) A person who holds a permit to introduce, plant, or stock fish under s. 29.736.

(e) A person who operates a state or municipal fish hatchery.

(f) A person who is authorized by the department to possess, release, control, sell, or transport fish or fish eggs for scientific or educational purposes or for the purpose of controlling the population of fish that are of an invasive fish species.

(g) A person who, while lawfully fishing, inadvertently catches a fish that is of an invasive fish species.

(4) The department shall promulgate rules specifying fish that are of an invasive fish species for purposes of this section and the requirements for sub. (3) (g).

(5) Any person who violates sub. (2) shall forfeit not more than $1,000.

226,34 Section 34. 23.245 of the statutes is created to read:

23.245 Transporting certain boats and equipment on highways. (1) In this section:

(a) "Highway" has the meaning given in s. 340.01 (22).

(b) "Invasive species" has the meaning given in s. 23.22 (1) (c).

(2) No person may transport a boat, boat trailer, or boating equipment upon a highway if the boat, boat trailer, or boating equipment has an invasive species, as specified by the department by rule, in, or attached to, the boat, boat trailer, or boating equipment.

(3) The prohibition under sub. (2) does not apply to the persons described under s. 23.225 (3).

(4) Any person who violates sub. (2) shall forfeit not more than $1,000.

226,35 Section 35. 25.17 (1) (es) of the statutes is repealed.

226,36 Section 36. 25.59 of the statutes is repealed.

226,37 Section 37. 25.69 of the statutes, as affected by 2007 Wisconsin Act 20, 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. There Any revenues or proceeds that are derived from the repurchase by the state of the tobacco settlement revenues under s. 16.527 (3) (c) 1. are also deposited into the permanent endowment fund. Beginning in the 2009-10 fiscal year, there is transferred from the permanent endowment fund to the Medical Assistance trust fund $50,000,000 in each fiscal year and the remainder of moneys deposited into the permanent endowment fund in each fiscal year is transferred to the general fund.

226,38 Section 38. 40.02 (48g) of the statutes is created to read:

40.02 (48g) "Public safety officer" has the meaning given in 26 USC 402 (I) (4) (C).

226,39 Section 39. 40.05 (4r) of the statutes is created to read:

40.05 (4r) Payment of certain insurance premiums. If an annuitant is a public safety officer and receives health care coverage or long-term care coverage under a plan other than one offered under subch. IV, and if the annuitant so elects by providing written notice to the department, the premium shall be paid as a deduction under s. 40.06 (1) (a) from the annuitant's annuity. If the annuitant receives an annuity that is not sufficient to cover premium payments, the annuitant shall make premium payments directly to the insurer. The department shall establish procedures to permit an annuitant who is a public safety officer to elect to have his or her premium paid as a deduction under s. 40.06 (1) (a) from his or her annuity. The annuitant shall provide the department with all necessary information to permit the department to make the payment in a timely manner.

226,40 Section 40. 40.08 (2) of the statutes is renumbered 40.08 (2) (a).

226,41 Section 41. 40.08 (2) (b) of the statutes is created to read:

40.08 (2) (b) If permitted under a deferred compensation plan established under subch. VII, insurance premiums for health or long-term care insurance coverage for a public safety officer may be deducted from an amount distributed under a deferred compensation plan and paid directly to an insurer.

226,42 Section 42. 40.80 (2t) of the statutes is created to read:

40.80 (2t) The deferred compensation board may require a deferred compensation plan under this subchapter, upon election by a participant who is a public safety officer, to allow for the deduction of insurance premiums for health or long-term care insurance coverage from an amount distributed from a participant's account and for the payment of the premiums directly to an insurer.

226,43 Section 43. 49.155 (6m) of the statutes is created to read:

49.155 (6m) Authorization for payment. (a) In this subsection:

1. "Certified provider" means a child care provider certified under s. 48.651.

2. "Child care administrative agency" means any agency that has a contract with the department to administer child care funds or any agency that has a subcontract to administer child care funds with an agency that has a contract with the department.

3. "Licensed provider" means a child care provider licensed under s. 48.65.

(b) A child care administrative agency shall authorize payment to child care providers as follows:

1. For a licensed provider, the child care administrative agency shall authorize payment based on authorized units of service, except as follows: