AB150: Bill Text

AB150,636,9 25.14 (2) At such time as the board determines, all of the securities held by any of the state's funds, except those specifically excluded in sub. (1), shall be transferred, at the market value plus accrued interest as of the date of transfer, to the state investment fund together with such amounts of cash as may be required to provide each contributing fund an equity in the state investment fund which may be expressed in terms of even thousands of dollars. Thereafter, the department of administration shall make such subsequent transfers of money between the individual funds and the state investment fund as in its judgment is advisable and in accordance with cash requirements of the individual funds, such transfer to be made on the basis of even thousands of dollars, and it shall furnish to the board such information with respect to daily balances of individual funds within the investment fund as may be required. This subsection does not apply to moneys on deposit, including accrued interest, in reserve accounts under s. 560.13.

AB150, s. 1389 Section 1389. 25.14 (3) of the statutes is amended to read:

AB150,636,24 25.14 (3) The department of administration, upon consultation with the investment board, shall distribute all earnings, profits or losses of the state investment fund to each participating fund in the same ratio as each such fund's average daily balance within the state investment fund bears to the total average daily balance of all participating funds, except as provided in s. 14.58 (19), except that the department of administration shall credit to the appropriation account under s. 20.585 (1) (js) an amount equal to the amount assessed under s. 25.19 (2) from the earnings or profits of the funds against which an assessment is made and except that the department of administration shall credit to the appropriation account under s. 20.585 (1) (jt) an amount equal to the amount assessed under s. 25.19 (3) from the earnings or profits of the funds against which an assessment is made. Such distribution shall be made at such times as the department of administration may determine, but must be made at least semiannually in each complete fiscal year of operation.

AB150, s. 1390 Section 1390. 25.14 (3) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,637,13 25.14 (3) The department of administration, upon consultation with the investment board, shall distribute all earnings, profits or losses of the state investment fund to each participating fund in the same ratio as each such fund's average daily balance within the state investment fund bears to the total average daily balance of all participating funds, except as provided in s. 16.413 (1) (q) and except that the department of administration shall credit to the appropriation account under s. 20.505 (1) (jt) an amount equal to the amount assessed under s. 25.19 (3) from the earnings or profits of the funds against which an assessment is made. Such distribution shall be made at such times as the department of administration may determine, but must be made at least semiannually in each complete fiscal year of operation.

****Note: This is reconciled s. 25.14 (3). This section has been affected by LRB-1390 and LRB-2089.

AB150, s. 1391 Section 1391. 25.15 (1) of the statutes is amended to read:

AB150,637,20 25.15 (1) Purpose. The purpose of the board is to provide professional investment management of trusts, operating funds and capital funds established by law. It is the intent of the legislature that the The board be an independent agency of the state which is to shall manage money and property for the state, its agencies and trust funds. The goal of board management shall be towards accomplishing the purpose of each trust or fund.

AB150, s. 1392 Section 1392. 25.156 (6) (intro.) of the statutes is renumbered 25.156 (6) (a) and amended to read:

AB150,638,10 25.156 (6) (a) The investment board may provide a plan of bonus compensation for the executive director and other employes of the board who are appointed in the unclassified service, whereby the employes may qualify for an annual bonus for meritorious performance. No moneys may be expended by the board for bonuses unless their expenditure for that purpose is specifically authorized by the secretary of administration. No such bonuses awarded by the board for any fiscal year may exceed a total of 10% 25% of the total annualized salaries of all unclassified employes of the board at the beginning of the fiscal year. No bonus awarded by the board to any individual employe for any fiscal year may exceed a total of 25% 50% of the annual annualized salary of the employe at the beginning of the fiscal year.

AB150,639,8 (b) In awarding bonus compensation for a given period fiscal year, the board shall consider the performance of funds similar to those for which it has managing authority and market indices for the same period fiscal year. Based upon such performance and indices, the board shall establish performance standards for the funds for which it has managing authority for the same fiscal year, together with standards for superior performance for that fiscal year and standards for exceptional performance for that fiscal year. Upon completion of each fiscal year, the board shall notify the secretary of administration in writing of its performance standard for that fiscal year and its standards for superior performance and exceptional performance for that fiscal year, and whether it has achieved those standards. If the secretary of administration receives notification from the board that it has achieved its performance standard for a fiscal year, the secretary shall authorize expenditure for bonuses of 10% of the annualized salaries of the eligible employes at the beginning of the fiscal year. If the secretary of administration receives notification from the board that it has achieved its standard for superior performance for a fiscal year, the secretary shall authorize expenditure for bonuses in an additional amount specified by the board, which shall be less than 15% of the annualized salaries of the eligible employes at the beginning of the fiscal year. If the secretary of administration receives notification from the board that it has achieved its standard for exceptional performance for a fiscal year, the secretary shall authorize expenditure for bonuses in an additional amount specified by the board, which shall be not greater than 15% of the annualized salaries of the eligible employes at the beginning of the fiscal year, less any amount authorized for superior performance under this paragraph.

AB150,639,12 (c) The board shall provide for a portion of the bonus compensation awarded under this subsection to be distributed to an employe over a 3-year period conditioned upon continuation of employment to the time of distribution, except as provided in sub. (7).

AB150,639,14 (d) Bonus compensation may only be awarded under this subsection pursuant to a plan adopted by the board that specifies all of the following:

AB150, s. 1393 Section 1393. 25.156 (6) (a) to (c) of the statutes are renumbered 25.156 (6) (d) 1. to 3.

AB150, s. 1394 Section 1394. 25.17 (intro.) of the statutes is amended to read:

AB150,639,21 25.17 Powers and duties of board. (intro.) The "State of Wisconsin Investment Board" shall be a body corporate with power to sue and be sued in said name. The investment board shall have a seal with the words, "State of Wisconsin Investment Board". The board shall:

AB150, s. 1395 Section 1395. 25.17 (1) (i) of the statutes is created to read:

AB150,639,23 25.17 (1) (i) Information technology investment fund (s. 25.61);

AB150, s. 1396 Section 1396. 25.17 (3) (b) 9. of the statutes is created to read:

AB150,640,2 25.17 (3) (b) 9. Bonds issued by the University of Wisconsin Hospitals and Clinics Authority.

AB150, s. 1397 Section 1397. 25.18 (1) (e) of the statutes is amended to read:

AB150,640,8 25.18 (1) (e) Take such action as may be necessary to make investments in mortgage loans or in the purchase of interests in real estate in any other state or in Canada, including but not excluding because of enumeration, qualifying to do business, filing reports, paying franchise, license or other fees and taxes, designating agents, and designating an office and subjecting itself to suit.

AB150, s. 1398 Section 1398. 25.18 (2) (e) of the statutes is amended to read:

AB150,640,20 25.18 (2) (e) Contract with and delegate to investment advisers the management and control over assets from any fund or trust delivered to such investment advisers for investment in real estate, mortgages, equities, debt of foreign corporations and debt of foreign governments, and pay such advisers fees from the current income of the fund or trust being invested. No more than 10% 25% of the total assets of the fixed retirement investment trust or 10% 25% of the total assets of the variable retirement investment trust may be delivered to investment advisers. The board shall set performance standards for such investment advisers, monitor such investments to determine if performance standards are being met and if an investment adviser does not consistently meet the performance standards then terminate the contract with such investment adviser.

AB150, s. 1399 Section 1399. 25.19 (1) of the statutes is amended to read:

AB150,640,24 25.19 (1) The state treasurer shall be the treasurer of the investment board and shall give an additional bond in such amount and with such corporate sureties as is required and approved by the board, the cost of which shall be borne by the board.

AB150,641,8 (1m) Any of the securities purchased by the investment board for any of the funds whose investment is under the control of the board may be deposited by the board or the state treasurer in vaults or other safe depositories outside of the office of the state treasurer, and either in or outside of this state , but a safekeeping receipt shall be delivered to the state treasurer for all securities so deposited. Every such safekeeping receipt shall describe the securities covered thereby and be payable on demand, without conditions, to the investment board or to any designated fund under the control of the board or to the state treasurer.

AB150, s. 1400 Section 1400. 25.19 (2) of the statutes is repealed.

AB150, s. 1401 Section 1401. 25.29 (1) (a) of the statutes is amended to read:

AB150,641,15 25.29 (1) (a) All moneys accruing to the state for or in behalf of the department of natural resources or the department of tourism and parks under chs. 26, 27, 28, 29 and 350, subchs. I and VI of ch. 77 and ss. 23.09 to 23.42, 23.50 to 23.99, 30.50 to 30.55, 70.58 and 71.10 (5), including grants received from the federal government or any of its agencies except as otherwise provided by law.

AB150, s. 1402 Section 1402. 25.29 (1) (e) of the statutes is amended to read:

AB150,641,18 25.29 (1) (e) An amount equal to the amounts expended under s. 20.370 (1) (kw) (7) (aq).

AB150, s. 1403 Section 1403. 25.29 (3) (b) of the statutes is amended to read:

AB150,641,20 25.29 (3) (b) As provided in s. 20.370 (4) (5) (aq).

AB150, s. 1404 Section 1404. 25.29 (7) (a) of the statutes is amended to read:

AB150,642,3 25.29 (7) (a) Eight percent of the tax levied under s. 70.58 or of the funds provided for in lieu of the levy shall be used to acquire and develop forests of the state for the purposes or capable of providing the benefits described under s. 28.04 (1) within areas approved by the department of tourism and parks and the governor and located within the region composed of Manitowoc, Calumet, Winnebago, Sheboygan, Fond du Lac, Ozaukee, Washington, Dodge, Milwaukee, Waukesha, Jefferson, Racine, Kenosha, Walworth, Rock and Outagamie counties.

AB150, s. 1405 Section 1405. 25.29 (7) (b) of the statutes is amended to read:

AB150,642,9 25.29 (7) (b) An additional 4% of the tax levied under s. 70.58 or of the funds provided in lieu of the levy shall be used to purchase forests for the state for the purposes or capable of providing the benefits described under s. 28.04 (1) within areas approved by the department of tourism and parks and the governor and located within the region specified under par. (a).

AB150, s. 1406 Section 1406. 25.36 (1) of the statutes is amended to read:

AB150,642,22 25.36 (1) Except as provided in sub. (2), all moneys appropriated or transferred by law shall constitute the veterans trust fund which shall be used exclusively for the veterans programs under ss. 20.485 (2) (m), (mn), (tm), (u), (v), (vo), (w) and, (z) and (zm), 45.01, 45.25, 45.351 (1) and (2), 45.352, 45.353, 45.356, 45.357, 45.396, 45.397 and 45.43 (7) and administered by the department of veterans affairs, including all moneys received from the federal government for the benefit of veterans or their dependents; all moneys paid as interest on and repayment of loans under the post-war rehabilitation fund; soldiers rehabilitation fund, veterans housing funds as they existed prior to July 1, 1961; all moneys paid as interest on and repayment of loans under this fund; all moneys paid as expenses for, interest on and repayment of veterans trust fund stabilization loans; and all gifts of money received by the board of veterans affairs for the purposes of this fund.

AB150, s. 1407 Section 1407. 25.40 (1) (a) 2. of the statutes is amended to read:

AB150,643,3 25.40 (1) (a) 2. Other revenues specified in ch. 218 derived from the issuance of licenses under the authority of the commissioner of banking department of financial institutions which shall be paid into the general fund.

AB150, s. 1408 Section 1408. 25.40 (1) (a) 5. of the statutes is amended to read:

AB150,643,7 25.40 (1) (a) 5. Fees collected under s. 342.14 (1m) that are deposited in the general fund and credited to the appropriation under s. 20.370 (2) (dj) environmental fund.

AB150, s. 1409 Section 1409. 25.40 (1) (a) 12. of the statutes is created to read:

AB150,643,10 25.40 (1) (a) 12. Ten percent of the moneys collected under s. 195.60 that are deposited in the general fund for costs of state government operations.

AB150, s. 1410 Section 1410. 25.40 (2) (b) 2e. of the statutes is repealed.

AB150, s. 1411 Section 1411. 25.40 (2) (b) 12. of the statutes is repealed.

AB150, s. 1412 Section 1412. 25.40 (2) (b) 16. of the statutes is renumbered 25.40 (2) (b) 20e. and amended to read:

AB150,643,15 25.40 (2) (b) 20e. Section 20.455 (2) 20.505 (1) (q).

AB150, s. 1413 Section 1413. 25.40 (2) (b) 17. of the statutes is repealed.

AB150, s. 1414 Section 1414. 25.43 (3) of the statutes is amended to read:

AB150,643,21 25.43 (3) Except for the purpose of investment as provided in s. 25.17 (2) (d), the clean water fund may be used only for the purposes authorized under ss. 20.320 (1) (r), (s) and (t), 20.370 (2) (mt) and (mx) and (4) (iv) and (ix), (6) (mu) and (mx) and (8) (mr), 20.505 (1) (v) and (x), 144.241 and 144.2415.

AB150, s. 1415 Section 1415. 25.46 (17m) of the statutes is created to read:

AB150,643,24 25.46 (17m) All moneys received under s. 144.968 (2) for cooperative remedial action.

AB150, s. 1416 Section 1416. 25.46 (19) of the statutes is created to read:

AB150,644,2 25.46 (19) The fees imposed under s. 342.14 (1m) for waste tire removal and recovery programs.

AB150, s. 1417 Section 1417. 25.465 (7) of the statutes is amended to read:

AB150,644,4 25.465 (7) The fees imposed under s. 94.705 (1) and (4).

AB150, s. 1418 Section 1418. 25.50 (1) (d) of the statutes is amended to read:

AB150,644,12 25.50 (1) (d) "Local government" means any county, town, village, city, power district, sewerage district, drainage district, town sanitary district, public inland lake protection and rehabilitation district, public library system, school district or technical college district in this state, any commission, committee, board or officer of any governmental subdivision of this state, any court of this state, other than the court of appeals or the supreme court, or any authority created under s. 231.02, 233.02 or 234.02.

AB150, s. 1419 Section 1419. 25.50 (7) of the statutes is amended to read:

AB150,644,17 25.50 (7) Reimbursement of expenses. The state treasurer shall deduct quarterly a maximum of 0.25% 0.5% of the amount of income received from the earnings of the fund during the preceding calendar quarter for all actual and necessary expenses incurred by the state in administering the fund.

AB150, s. 1420 Section 1420. 25.61 of the statutes is created to read:

AB150,644,23 25.61 Information technology investment fund. There is created a separate nonlapsible trust fund designated as the information technology investment fund consisting of all revenues accruing to the state from fees assessed under s. 16.701 and from gifts, grants and bequests made for information technology development purposes and moneys transferred to the fund from other funds.

AB150, s. 1421 Section 1421. 26.01 of the statutes is renumbered 26.01 (intro.) and amended to read:

AB150,645,2 26.01 (title) Definition Definitions. (intro.) In this chapter, unless the context requires otherwise "department":

AB150,645,3 (1) "Department" means the department of natural resources.

AB150, s. 1422 Section 1422. 26.01 (2) of the statutes is created to read:

AB150,645,6 26.01 (2) "Southern state forest" means a state forest that is located within the region specified in s. 25.29 (7) (a).

AB150, s. 1423 Section 1423. 26.06 (1) of the statutes is amended to read:

AB150,645,23 26.06 (1) Foresters, forest supervisors, 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.

AB150, s. 1424 Section 1424. 26.08 (1) of the statutes is amended to read:

AB150,646,12 26.08 (1) The department may, from time to time, lease parts or parcels of state park lands or state forest lands, other than southern state forest lands. The department of tourism and parks may lease parts or parcels of lands in the state park system. 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 leases the lands 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 leases the lands shall retain a copy of each lease or license and file the original in the office of the board of commissioners of public lands.

AB150, s. 1425 Section 1425. 26.08 (2) (a) of the statutes is amended to read:

AB150,646,16 26.08 (2) (a) Except as provided under par. (b) the department may lease state park land or state forest land for the leases under sub. (1) shall be for terms not exceeding 15 years.

AB150, s. 1426 Section 1426. 26.08 (2) (b) of the statutes is amended to read:

AB150,646,19 26.08 (2) (b) The department of tourism and parks may lease Rib Mountain state park lands and Willow river state park lands for terms not exceeding 30 years.

AB150, s. 1427 Section 1427. 26.08 (3) of the statutes is amended to read:

AB150,646,25 26.08 (3) The department of natural resources and the department of tourism and parks 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.

AB150, s. 1428 Section 1428. 26.11 (7) of the statutes is created to read:

AB150,647,6 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 on June 30 of any fiscal year, the amount in excess of $500,000 shall lapse from the appropriation account under s. 20.370 (1) (cs) to the conservation fund, except as provided in par. (b).

AB150,647,10 (b) Notwithstanding s. 20.001 (3) (c), if the amount in the appropriation account under s. 20.370 (1) (cs) 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).

AB150, s. 1429 Section 1429. 26.20 (3) of the statutes is amended to read:

AB150,647,25 26.20 (3) Locomotive inspector; powers. Any locomotive inspector designated by the department shall have the power to reject from service immediately any locomotive, donkey, traction, or portable engine which, in the opinion of the inspector, is deficient in adequate design, construction, or maintenance of the fire protective devices designated in sub. (2), and any such locomotive, donkey, traction, or portable engine so rejected from service shall not be returned to service until such defects have been remedied to the satisfaction of the locomotive inspector. In case of disagreement between the inspector and the owner of the locomotive, donkey, traction, or portable engine so rejected from service as to the efficiency or proper maintenance of said protective devices, then the owner of the locomotive, donkey, traction, or portable engine may appeal to the office of the commissioner of railroads division of hearings and appeals in the department of administration for a decision of said matter, but pending such decision the locomotive, donkey, traction, or portable engine shall not be returned to service.

AB150, s. 1430 Section 1430. 26.20 (10) of the statutes is amended to read:

AB150,648,8 26.20 (10) (title) Appeal to office of the commissioner of railroads division of hearings and appeals. In case the department and any person operating any locomotive, donkey, or threshing engine, or any engine, boiler, or locomotive cannot agree as to the most practicable device or devices for preventing the escape of sparks, cinders, or fire from smokestacks, ash pans or fire boxes, then the same shall be determined by the office of the commissioner of railroads division of hearings and appeals in the department of administration.

AB150, s. 1431 Section 1431. Chapter 27 (title) of the statutes is amended to read:

AB150,648,13 CHAPTER 27 PUBLIC PARKS AND PLACES OF RECREATION, PUBLIC PARKS AND TOURISM