SB40-SSA1,429,7
123.197 (10) Mirror Lake; boating access. From the appropriation under s.
220.866 (2) (ta), the department shall provide funding in an amount not to exceed
3$1,000,000 to improve navigability for recreational boating in Mirror Lake in Sauk
4County and in the streams flowing into the lake. For the purposes of s. 23.0917,
5moneys provided under this subsection from the appropriation under s. 20.866 (2)
6(ta) shall be treated as moneys obligated under either or both of the subprograms
7under s. 23.0917 (3) and (4).
SB40-SSA1, s. 658g 8Section 658g. 23.197 (11) of the statutes is created to read:
SB40-SSA1,429,159 23.197 (11) Jersey Valley Lake. From the appropriation under s. 20.866 (2)
10(ta), the department shall provide funding in an amount not to exceed $500,000 to
11Vernon County to restore Jersey Valley Lake. The funding authorized under this
12subsection shall be in a manner that, for every $1 expended by Vernon County for the
13repairs and installation, the department shall provide $3. For purposes of s. 23.0917,
14moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as
15moneys obligated from either or both of the subprograms under s. 23.0917 (3) and (4).
SB40-SSA1, s. 658m 16Section 658m. 23.197 (12) of the statutes is created to read:
SB40-SSA1,430,217 23.197 (12) Milwaukee Metropolitan Sewerage District; flood management.
18From the appropriation under s. 20.866 (2) (ta), the department shall provide
19funding in an amount not to exceed $1,000,000 to a nationwide nonprofit
20conservation organization dedicated to land and water resource preservation to
21acquire land for a flood management program conducted by the Milwaukee
22Metropolitan Sewerage District and for habitat restoration on the acquired land.
23The funding authorized under this subsection shall be in a manner that, for every
24$1 expended by the nationwide nonprofit conservation organization for the land
25acquisition, the department shall provide $3. For purposes of s. 23.0917, moneys

1provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys
2obligated from either or both of the subprograms under s. 23.0917 (3) and (4).
SB40-SSA1, s. 658r 3Section 658r. 23.197 (13) of the statutes is created to read:
SB40-SSA1,430,114 23.197 (13) Green Bay; recreational trail. From the appropriation under s.
520.866 (2) (ta), the department shall provide funding in an amount not to exceed
6$875,800 to the city of Green Bay to acquire land for a bicycle and pedestrian trail.
7The funding authorized under this subsection shall be in a manner that, for every
8$1 expended by the city of Green Bay for the land acquisition, the department shall
9provide $3. For purposes of s. 23.0917, moneys provided from the appropriation
10under s. 20.866 (2) (ta) shall be treated as moneys obligated from either or both of the
11subprograms under s. 23.0917 (3) and (4).
SB40-SSA1, s. 659 12Section 659. 23.1985 of the statutes is amended to read:
SB40-SSA1,430,22 1323.1985 Acquisition of certain public lands. Beginning in fiscal year
142006-07 and ending in fiscal year 2009-10 2019-20, from the appropriation under
15s. 20.866 (2) (ta), the department shall set aside $2,000,000 in each fiscal year that
16may be obligated only to acquire land from the board of commissioners of public lands
17under s. 24.59 (1). If the department sets aside, but does not obligate moneys in a
18fiscal year under this section, the department may obligate those nonobligated
19moneys in a subsequent fiscal year under this section in addition to the amounts the
20department is required to set aside for that subsequent fiscal year. For purposes of
21s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be
22treated as moneys obligated under the subprogram under s. 23.0917 (3).
SB40-SSA1, s. 660 23Section 660. 23.22 (2) (b) 6. of the statutes is amended to read:
SB40-SSA1,431,324 23.22 (2) (b) 6. Promulgate rules to identify, classify, and control invasive
25species for purposes of the program. In promulgating these rules, the department

1shall consider the recommendations of the council under sub. (3) (a). As part of these
2rules, the department may establish procedures and requirements for issuing
3permits to control invasive species.
SB40-SSA1, s. 661 4Section 661. 23.22 (2) (c) of the statutes is amended to read:
SB40-SSA1,431,175 23.22 (2) (c) Under the program established under par. (a), the department
6shall promulgate rules to establish a procedure to award cost-sharing grants to
7public and private entities for up to 50% 75 percent of the costs of projects to control
8invasive species. The rules promulgated under this paragraph shall establish
9criteria for determining eligible projects and eligible grant recipients. Eligible
10projects shall include education and inspection activities at boat landings. The rules
11shall allow cost-share contributions to be in the form of money or in-kind goods or
12services or any combination thereof. In promulgating these rules, the department
13shall consider the recommendations of the council under sub. (3) (c). From the
14appropriation under s. 20.370 (6) (ar), the department shall make available for
15cost-sharing grants to be awarded to local governmental units for the control of
16invasive species that are aquatic species $1,000,000 in fiscal year 2005-06 and
17$1,500,000 in fiscal year 2006-07 and each fiscal year thereafter.
SB40-SSA1, s. 662 18Section 662. 23.22 (8) of the statutes is created to read:
SB40-SSA1,431,2119 23.22 (8) Penalties. (a) Except as provided in pars. (b) and (c), any person who
20violates a rule promulgated under sub. (2) (b) 6., or any permit issued under those
21rules, shall forfeit not more than $200.
SB40-SSA1,431,2522 (b) Any person who intentionally violates any rule promulgated under sub. (2)
23(b) 6. or any permit issued under those rules shall be fined not less than $1,000 nor
24more than $5,000, or shall be imprisoned for not less than 6 months nor more than
259 months or both.
SB40-SSA1,432,6
1(c) A person who violates a rule promulgated under sub. (2) (b) 6. or any permit
2issued under those rules and who, within 5 years before the arrest of the current
3conviction, was previously convicted of a violation of a rule promulgated under sub.
4(2) (b) 6. or any permit issued under those rules shall be fined not less than $700 nor
5more than $2,000 or shall be imprisoned for not less than 6 months nor more than
69 months or both.
SB40-SSA1,432,107 (d) The court may order a person who is convicted under par. (a), (b), or (c) to
8abate any nuisance caused by the violation, restore any natural resource damaged
9by the violation, or take other appropriate action to eliminate or minimize any
10environmental damage caused by the violation.
SB40-SSA1, s. 663 11Section 663. 23.22 (9) of the statutes is created to read:
SB40-SSA1,432,1512 23.22 (9) Enforcement. (a) If the department of natural resources finds that
13any person is violating a rule promulgated under sub. (2) (b) 6. or a permit issued
14under those rules for which the person is subject to a forfeiture under sub. (8) (a), the
15department of natural resources may do one or more of the following:
SB40-SSA1,432,1616 1. Issue a citation pursuant to s. 23.50 to 23.99.
SB40-SSA1,432,1717 2. Refer the matter to the department of justice for enforcement under par. (b).
SB40-SSA1,432,1918 3. Revoke a permit issued under the rules promulgated under sub. (2) (b) 6.,
19after notice and opportunity for hearing.
SB40-SSA1,433,220 (b) The department of justice shall initiate an enforcement action requested by
21the department under par. (a) 2. The enforcement action may include a request for
22injunctive relief. In any action initiated by it under this paragraph, the department
23of justice shall, prior to stipulation, consent order, judgment, or other final
24disposition of the case, consult with the department of natural resources for the
25purpose of determining the department's views on final disposition. The department

1of justice shall not enter into a final disposition different than that previously
2discussed without first informing the department of natural resources.
SB40-SSA1,433,113 (c) In an action initiated pursuant to a citation or initiated under par. (b), the
4court may award, as an additional penalty, an amount equal to all or a portion of the
5costs of investigation, including any monitoring, incurred by the department of
6natural resources or the department of justice, which led to the establishment of the
7violation. The court may also award the department of justice the reasonable and
8necessary expenses of the prosecution, including attorney fees. The department of
9justice shall deposit in the state treasury for deposit into the general fund all moneys
10that the court awards to the department of justice under this paragraph. These
11moneys shall be credited to the appropriation account under s. 20.455 (1) (gh).
SB40-SSA1, s. 664 12Section 664. 23.24 (6) (b) of the statutes is amended to read:
SB40-SSA1,433,1613 23.24 (6) (b) A person who violates sub. (3) and who, within 5 years before the
14arrest of the current conviction, was previously convicted of a violation of sub. (3)
15shall forfeit be fined not less than $700 nor more than $2,000 or shall be imprisoned
16for not less than 6 months nor more than 9 months or both.
SB40-SSA1, s. 665 17Section 665. 23.33 (5) (d) of the statutes is amended to read:
SB40-SSA1,434,518 23.33 (5) (d) Safety certification program established. The department shall
19establish or supervise the establishment of a program of instruction on all-terrain
20vehicle laws, including the intoxicated operation of an all-terrain vehicle law,
21regulations, safety and related subjects. The department shall establish by rule an
22instruction fee for this program. The department shall issue certificates to persons
23successfully completing the program.
An instructor conducting the program of
24instruction under this paragraph shall collect the fee from each person who receives
25instruction. The department may determine the portion of this fee, which may not

1exceed 50%, that the instructor may retain to defray expenses incurred by the
2instructor in conducting the program. The instructor shall remit the remainder of
3the fee or, if nothing is retained, the entire fee to the department. The department
4shall issue a duplicate certificate of accomplishment to a person who is entitled to a
5duplicate certificate of accomplishment and who pays a fee of $2.75.
SB40-SSA1, s. 674d 6Section 674d. 24.61 (3) (a) 12. of the statutes is created to read:
SB40-SSA1,434,77 24.61 (3) (a) 12. A drainage district created under ch. 88.
SB40-SSA1, s. 674g 8Section 674g. 24.61 (3) (b) of the statutes is amended to read:
SB40-SSA1,434,139 24.61 (3) (b) Terms; conditions. A municipality, cooperative educational service
10agency, drainage district created under ch. 88, or federated public library system
11may obtain a state trust fund loan for the sum of money, for the time and upon the
12conditions as may be agreed upon between the board and the borrower, subject to the
13limitations, restrictions, and conditions set forth in this subchapter.
SB40-SSA1, s. 674k 14Section 674k. 24.66 (3r) of the statutes is created to read:
SB40-SSA1,434,1715 24.66 (3r) For a drainage district. An application for a loan by a drainage
16district created under ch. 88 shall be accompanied by a certified copy of a resolution
17of the board of the drainage district approving the loan.
SB40-SSA1, s. 674p 18Section 674p. 24.67 (1) (n) of the statutes is created to read:
SB40-SSA1,434,2019 24.67 (1) (n) For a drainage district created under ch. 88, by the president of
20the drainage district board.
SB40-SSA1, s. 674s 21Section 674s. 24.67 (2) (i) of the statutes is created to read:
SB40-SSA1,434,2322 24.67 (2) (i) For a drainage district created under ch. 88, by the secretary of the
23drainage district board.
SB40-SSA1, s. 674v 24Section 674v. 24.67 (3) of the statutes is amended to read:
SB40-SSA1,435,12
124.67 (3) If a municipality has acted under subs. (1) and (2), it shall certify that
2fact to the department of administration. Upon receiving a certification from a
3municipality, or upon direction of the board if a loan is made to a cooperative
4educational service agency, drainage district created under ch. 88, or a federated
5public library system, the secretary of administration shall draw a warrant for the
6amount of the loan, payable to the treasurer of the municipality, cooperative
7educational service agency, drainage district, or federated public library system
8making the loan or as the treasurer of the municipality, cooperative educational
9service agency, drainage district, or federated public library system directs. The
10certificate of indebtedness shall then be conclusive evidence of the validity of the
11indebtedness and that all the requirements of law concerning the application for the
12making and acceptance of the loan have been complied with.
SB40-SSA1, s. 674vm 13Section 674vm. 24.70 (1) of the statutes is amended to read:
SB40-SSA1,435,1614 24.70 (1) Applicability. This section applies to all outstanding state trust fund
15loans to borrowers other than school districts, drainage districts created under ch.
1688,
and federated public library systems.
SB40-SSA1, s. 674w 17Section 674w. 24.716 of the statutes is created to read:
SB40-SSA1,435,19 1824.716 Collections from drainage districts. (1) Applicability. This section
19applies to all outstanding trust fund loans to drainage districts created under ch. 88.
SB40-SSA1,435,23 20(2) Certified statement. If a drainage district has a state trust fund loan, the
21board shall transmit to the district board a certified statement of the amount due on
22or before October 1 of each year until the loan is paid. The board shall furnish a copy
23of each certified statement to the department of administration.
SB40-SSA1,436,4 24(3) Payment to secretary of administration. The district board shall transmit
25to the secretary of administration on its own order the full amount levied for state

1trust fund loans within 15 days after March 15. The secretary of administration shall
2notify the board when he or she receives payment. Any payment not made by March
330 is delinquent and is subject to a penalty of 1 percent per month or fraction thereof,
4to be paid to the secretary of administration with the delinquent payment.
SB40-SSA1,436,10 5(4) Failure to make payment. If the district board fails to remit the amounts
6due under sub. (3), the secretary of administration, upon certification of delinquency
7by the board of commissioners of public lands, shall deduct the amount due,
8including any penalty, from any state aid payments due the district, shall remit such
9amount to the secretary of administration, and, no later than June 15, shall notify
10the district board and the board to that effect.
SB40-SSA1, s. 675 11Section 675. 25.14 (1) (a) (intro.) of the statutes is amended to read:
SB40-SSA1,436,1612 25.14 (1) (a) (intro.) There is created a state investment fund under the
13jurisdiction and management of the board to be operated as an investment trust for
14the purpose of managing the securities of all funds that are required by law to be
15invested in the state investment fund and
all of the state's funds consisting of the
16funds
specified in s. 25.17 (1), except all of the following:
SB40-SSA1, s. 677 17Section 677. 25.17 (1) (bw) of the statutes is created to read:
SB40-SSA1,436,1818 25.17 (1) (bw) County aid fund (s. 25.51).
SB40-SSA1, s. 678 19Section 678. 25.17 (1) (gd) of the statutes is created to read:
SB40-SSA1,436,2020 25.17 (1) (gd) Health care quality fund (s. 25.772);
SB40-SSA1, s. 678t 21Section 678t. 25.17 (1) (yn) of the statutes is created to read:
SB40-SSA1,436,2222 25.17 (1) (yn) Wholesale drug distributor bonding fund (s. 25.315);
SB40-SSA1, s. 679 23Section 679. 25.17 (63) of the statutes is created to read:
SB40-SSA1,437,3
125.17 (63) If requested by the Health Insurance Risk-Sharing Plan Authority,
2invest funds of the Health Insurance Risk-Sharing Plan Authority in the state
3investment fund.
SB40-SSA1, s. 683 4Section 683. 25.187 (2) (a) of the statutes is amended to read:
SB40-SSA1,437,125 25.187 (2) (a) Subject to pars. (b) and par. (c), on July 1 and January September
61 of each year, the investment board shall estimate the amounts required for its
7operating expenditures for the next 6-month period and shall
assess each fund for
8which the board has management responsibility for its share of the estimated board's
9operating expenditures for the current fiscal year in an equitable manner. The board
10shall pay the assessment from the current income of each fund, unless an
11appropriation is made for payment of the assessment, in which case the assessment
12shall be paid from that appropriation account.
SB40-SSA1, s. 684 13Section 684. 25.187 (2) (b) of the statutes is repealed.
SB40-SSA1, s. 685 14Section 685. 25.187 (2) (c) 1. of the statutes is amended to read:
SB40-SSA1,437,2015 25.187 (2) (c) 1. Except as provided in subd. 2., the total amount that the board
16may assess the funds for which the board has management responsibility for any
17fiscal year may not exceed the greater of $20,352,800 or 0.0275% the amount that the
18board could have assessed the funds in the 2nd year of the prior fiscal biennium or
190.0325%
of the average market value of the assets of the funds at the end of each
20month between November 30 and April 30 of the preceding fiscal year.
SB40-SSA1, s. 686 21Section 686. 25.187 (2) (c) 3. c. of the statutes is created to read:
SB40-SSA1,437,2522 25.187 (2) (c) 3. c. Annually, no later than June 15, certify to the department
23of administration and to the joint committee on finance the maximum amount that
24the board may assess the funds for which the board has management responsibility
25in the next fiscal year.
SB40-SSA1, s. 686r
1Section 686r. 25.315 of the statutes is created to read:
SB40-SSA1,438,6 225.315 Wholesale drug distributor bonding fund. There is established a
3separate nonlapsible trust fund designated as the wholesale drug distributor
4bonding fund to consist of moneys paid to the state under s. 450.071 (5) to secure
5payment of fees or costs that relate to the issuance of a license to engage in the
6wholesale distribution of prescription drugs.
SB40-SSA1, s. 687 7Section 687. 25.40 (1) (bd) of the statutes is created to read:
SB40-SSA1,438,88 25.40 (1) (bd) Oil company assessments under subch. XIV of ch. 77.
SB40-SSA1, s. 689 9Section 689. 25.46 (1m) of the statutes is amended to read:
SB40-SSA1,438,1110 25.46 (1m) The moneys transferred under s. 20.855 (4) (f) (rm) for nonpoint
11source water pollution abatement.
SB40-SSA1, s. 690 12Section 690. 25.46 (7) of the statutes is amended to read:
SB40-SSA1,438,1513 25.46 (7) The fees imposed under s. 289.67 (1) for environmental management,
14except that for each ton of waste for which the fee is $1.60 per ton, 75 cents is for
15nonpoint source water pollution abatement
.
SB40-SSA1, s. 692 16Section 692. 25.50 (1) (d) of the statutes is amended to read:
SB40-SSA1,439,217 25.50 (1) (d) "Local government" means any county, town, village, city, power
18district, sewerage district, drainage district, town sanitary district, public inland
19lake protection and rehabilitation district, local professional baseball park district
20created under subch. III of ch. 229, family long-term care district under s. 46.2895,
21local professional football stadium district created under subch. IV of ch. 229, local
22cultural arts district created under subch. V of ch. 229, public library system, school
23district or technical college district in this state, any commission, committee, board
24or officer of any governmental subdivision of this state, any court of this state, other

1than the court of appeals or the supreme court, or any authority created under s.
2114.61, 149.41, 231.02, 233.02 or 234.02.
SB40-SSA1, s. 693 3Section 693. 25.51 of the statutes is created to read:
SB40-SSA1,439,6 425.51 County aid fund. There is established a separate nonlapsible trust
5fund designated as the county aid fund consisting of the moneys the state receives
6under s. 77.24.
SB40-SSA1, s. 694 7Section 694. 25.60 of the statutes is amended to read:
SB40-SSA1,439,11 825.60 Budget stabilization fund. There is created a separate nonlapsible
9trust fund designated as the budget stabilization fund, consisting of moneys
10transferred to the fund from the general fund under ss. 13.48 (14) (c), 16.518 (3), and
1116.72 (4) (b), and 16.848.
SB40-SSA1, s. 695 12Section 695. 25.68 (1) of the statutes is amended to read:
SB40-SSA1,439,1513 25.68 (1) All moneys received by the department of workforce development
14children and families under s. 49.854, except for moneys received under s. 49.854 (11)
15(b).
SB40-SSA1, s. 696 16Section 696. 25.68 (3) of the statutes is amended to read:
SB40-SSA1,439,1917 25.68 (3) All moneys not specified under sub. (2) that are received under a
18judgment or order in an action affecting the family, as defined in s. 767.001 (1), by
19the department of workforce development children and families or its designee.
SB40-SSA1, s. 697 20Section 697. 25.69 of the statutes is amended to read:
SB40-SSA1,440,2 2125.69 Permanent endowment fund. There is established a separate
22nonlapsible trust fund designated as the permanent endowment fund, consisting of
23all of the proceeds from the sale of the state's right to receive payments under the
24Attorneys General Master Tobacco Settlement Agreement of November 23, 1998,
25and all investment earnings on the proceeds. There is transferred from the

1permanent endowment fund to the health care quality fund $50,000,000 in each
2fiscal year.
SB40-SSA1, s. 697m 3Section 697m. 25.77 (8) of the statutes is created to read:
SB40-SSA1,440,44 25.77 (8) All moneys transferred from the appropriation under s. 20.285 (1) (iz).
SB40-SSA1, s. 698 5Section 698. 25.772 of the statutes is created to read:
SB40-SSA1,440,8 625.772 Health care quality fund. There is established a separate
7nonlapsible trust fund designated as the health care quality fund, to consist of all of
8the following:
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