AB100: Bill Text

AB100, s. 804 Section 804. 23.79 (1) of the statutes is amended to read:

AB100,488,3 23.79 (1) If the defendant is found guilty, the court may enter judgment against the defendant for a monetary amount not to exceed the maximum forfeiture provided by the statute for the violation, the penalty assessment, the jail assessment, the crime laboratories 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.

AB100, s. 805 Section 805. 23.80 (2) of the statutes is amended to read:

AB100,488,12 23.80 (2) Upon default of the defendant corporation or municipality, or upon conviction, judgment for the amount of the forfeiture, the penalty assessment, the jail assessment, the crime laboratories 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.

AB100, s. 806 Section 806. 23.84 of the statutes is amended to read:

AB100,489,2 23.84 Forfeitures and assessments collected; to whom paid. Except for actions in municipal court, all moneys collected in favor of the state or a municipality for forfeiture, penalty assessment, jail assessment, crime laboratories 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.

AB100, s. 807 Section 807. 24.01 (1) of the statutes is amended to read:

AB100,489,8 24.01 (1) "Agricultural college lands" embraces all lands granted to the state by an act of congress entitled "An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts," approved July 2, 1862, as well as any land received under s. 24.09 (1) (bm) in exchange for such land.

AB100, s. 808 Section 808. 24.01 (4) of the statutes is amended to read:

AB100,489,12 24.01 (4) "Marathon county lands" embraces all lands acquired by the state pursuant to chapter 22 of the general laws of 1867, as well as any land received under s. 24.09 (1) (bm) in exchange for such land.

AB100, s. 809 Section 809. 24.01 (5) of the statutes is amended to read:

AB100,489,18 24.01 (5) "Normal school lands" embraces all parcels of said "swamp lands" which the legislature has declared or otherwise decided, or may hereafter declare or otherwise decide, were not or are not needed for the drainage or reclamation of the same or other lands, as well as any land received under s. 24.09 (1) (bm) in exchange for such land.

AB100, s. 810 Section 810. 24.01 (7) of the statutes is amended to read:

AB100,489,22 24.01 (7) "School lands" embraces all lands made a part of "the school fund" by article X, section 2, of the constitution, as well as any land received under s. 24.09 (1) (bm) in exchange for such land.

AB100, s. 811 Section 811. 24.01 (9) of the statutes is amended to read:

AB100,490,5 24.01 (9) "Swamp lands" embraces all lands which have been or may be transferred to the state pursuant to an act of congress entitled "An act to enable the state of Arkansas and other states to reclaim the swamp lands within their limits," approved September 28, 1850, or pursuant to an act of congress entitled "An act for the relief of purchasers and locators of swamp and overflowed lands," approved March 2, 1855, as well as any land received under s. 24.09 (1) (bm) in exchange for such land.

AB100, s. 812 Section 812. 24.01 (10) of the statutes is amended to read:

AB100,490,9 24.01 (10) "University lands" embraces all lands the proceeds of which are denominated "the university fund" by article X, section 6, of the constitution, as well as any land received under s. 24.09 (1) (bm) in exchange for such land.

AB100, s. 813 Section 813. 24.04 (2) of the statutes is amended to read:

AB100,490,17 24.04 (2) Disbursements. All expenses necessarily incurred in caring for and selling public lands shall be deducted from the gross receipts of the fund to which the proceeds of the sale of the land will be added. Expenses necessarily incurred in caring for public lands may include expenses for reforestation, erosion and insect control, submerged log monitoring, surveys, appraisals and other land management practices that serve to protect or enhance the interests of the beneficiaries of the trust funds.

AB100, s. 814 Section 814. 24.09 (1) (bm) of the statutes is amended to read:

AB100,491,3 24.09 (1) (bm) The board may exchange part or all of any parcel of public lands for any other land of approximately equal value if the board determines that the exchange will contribute to the consolidation or completion of a block of land, enhance conservation of lands or otherwise be in the public interest. Under this paragraph, an exchange is of "approximately equal value" if the difference in value between the more highly valued land and the less highly valued land does not exceed 10% of the value of the more highly valued land. All expenses necessarily incurred in making an exchange under this paragraph shall be deducted from the gross receipts of the fund to which the proceeds of the sale of the exchanged land will be added.

AB100, s. 815 Section 815. 24.60 (1g) of the statutes is amended to read:

AB100,491,9 24.60 (1g) "Distance education" has the meaning given in s. 16.992 (1) (b) means instruction that takes place, regardless of the location of a teacher or student, by means of telecommunications or other means of communication, including cable, instructional television fixed service, microwave, radio, satellite, computer, telephone or television.

AB100, s. 816 Section 816. 24.60 (1r) of the statutes is repealed and recreated to read:

AB100,491,13 24.60 (1r) "Educational technology" means technology used in the education or training of any person or in the administration of an elementary or secondary school or a public library.

AB100, s. 817 Section 817. 24.61 (3) (c) 2. a. of the statutes is amended to read:

AB100,491,18 24.61 (3) (c) 2. a. The school board is subject to an order issued by the department of education state superintendent of public instruction under s. 115.33 (3) after December 31, 1991, regarding noncompliance with the standard under s. 121.02 (1) (i).

AB100, s. 818 Section 818. 24.61 (3) (d) of the statutes is amended to read:

AB100,492,2 24.61 (3) (d) Reserve for loans for educational technology and distance education projects. Subject to the priority established under par. (c), to the extent practicable, in fiscal years 1996-97 to 1999-2000 2002-03, annually the board shall reserve $15,000,000 for the purposes of giving priority to loans to school districts, counties, municipalities and consortia, other than consortia that include one or more technical college districts, for educational technology and distance education projects under s. 16.992.

AB100, s. 819 Section 819. 24.61 (6) of the statutes is repealed.

AB100, s. 820 Section 820. 24.66 (1) (intro.) of the statutes is amended to read:

AB100,492,13 24.66 (1) For all municipalities. (intro.) No trust fund loan may be made unless an application is made to the board under this section. The application shall state the amount of money required, the purpose to which it is to be applied, the times and terms of repayment, whether the loan is sought for an educational technology or distance education project under s. 24.61 (3) (d), and if so, whether the educational technology board has approved a grant to pay a portion of the interest on the loan under s. 16.992 (3) (b) and, in the case of a cooperative educational service agency, the names of the school districts participating in the distance education project for which the loan is sought. The application shall be accompanied by satisfactory proof:

AB100, s. 821 Section 821. 24.66 (3) (b) of the statutes is amended to read:

AB100,492,21 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).

AB100, s. 822 Section 822. 24.66 (4) of the statutes is renumbered 24.66 (4) (a) and amended to read:

AB100,493,5 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 notice of the election shall state the amount of the proposed loan and the purpose for which it will be used.

AB100, s. 823 Section 823. 24.66 (4) (b) of the statutes is created to read:

AB100,493,17 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 45 days after the adoption 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 45 days after the adoption 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.

AB100, s. 824 Section 824. 24.695 of the statutes is repealed.

AB100, s. 825 Section 825. 24.71 (2) of the statutes is amended to read:

AB100,493,24 24.71 (2) Certified statement. If a school district has a state trust fund loan, the board shall transmit to the school district clerk 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 education public instruction.

AB100, s. 826 Section 826. 24.78 of the statutes is amended to read:

AB100,494,4 24.78 Distribution of the common school fund income. Under article X, section 5, of the constitution the common school fund income shall be distributed to the school districts among the several towns, villages and cities of the state for the support of common schools therein, as provided in s. ss. 44.72 (2) (a) and 43.70.

AB100, s. 827 Section 827. 25.156 (3) of the statutes is amended to read:

AB100,494,10 25.156 (3) The members of the board shall appoint an investment director or the executive assistant to the executive director, internal auditor, chief investment officer, chief financial officer, chief legal counsel or chief risk officer to act as assistant director, except that until the appointment is made by the members of the board, the executive director may temporarily designate the assistant director.

AB100, s. 828 Section 828. 25.156 (4) of the statutes is amended to read:

AB100,494,21 25.156 (4) The members of the board shall promulgate rules restricting the executive director, executive assistant to the executive director, internal auditor, chief investment officer, chief financial officer, chief legal counsel, chief risk officer, investment directors and employes from having financial interest, directly or indirectly, in firms or corporations providing services to the department and governing the receipt of gifts or favors therefrom, and also governing personal investments of all employes including the executive director, executive assistant to the executive director, internal auditor, chief investment officer , chief financial officer, chief legal counsel, chief risk officer and investment directors to prevent conflicts of interest.

AB100, s. 829 Section 829. 25.156 (6) (intro.) of the statutes is amended to read:

AB100,495,17 25.156 (6) (intro.) 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 under which employes covered by the plan may qualify for an annual bonus for meritorious performance. The plan shall cover the executive director and other employes of the board who are appointed in the unclassified service, except that the plan may not cover an employe who performs functions primarily related to information technology if that employe is appointed after the effective date of this subsection .... [revisor inserts date]. No such bonuses awarded by the board for any fiscal year may exceed a total of 10% of the total annualized salaries of all unclassified employes of the board covered by the plan 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% of the annual salary of the employe at the beginning of the fiscal year. In awarding bonus compensation for a given period, the board shall consider the performance of funds similar to those for which it has managing authority and market indices for the same period. 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). Bonus compensation may only be awarded under this subsection pursuant to a plan adopted by the board that specifies all of the following:

AB100, s. 830 Section 830. 25.156 (6) (d) of the statutes is created to read:

AB100,495,20 25.156 (6) (d) The unclassified positions of the board that perform functions primarily related to information technology.

AB100, s. 831 Section 831. 25.16 (2) of the statutes is amended to read:

AB100,496,10 25.16 (2) Subject to authorization under s. 16.505, the executive director may appoint one division administrator a chief legal counsel, chief financial officer, chief risk officer and investment directors and shall appoint a chief investment officer and all other employes necessary to carry out the functions of the investment board, except that the investment board shall appoint the internal auditor and shall participate in the selection of the chief investment officer and investment directors and the internal auditor shall appoint his or her staff. The executive director shall appoint all employes outside the classified service, except blue collar and clerical employes. Neither the executive director, the internal auditor, the chief investment officer, the chief legal counsel, the chief financial officer, the chief risk officer, any investment director nor any other employe of the board shall have any financial interest, either directly or indirectly, in any firm engaged in the sale or marketing of real estate or investments of any kind, nor shall any of them render investment advice to others for remuneration.

AB100, s. 832 Section 832. 25.17 (1) (ag) of the statutes is repealed.

AB100, s. 833 Section 833. 25.17 (1) (tm) of the statutes is created to read:

AB100,496,13 25.17 (1) (tm) Support collections trust fund (s. 25.68);

AB100, s. 834 Section 834. 25.17 (1) (xL) of the statutes is created to read:

AB100,496,15 25.17 (1) (xL) Universal service fund (s. 25.95);

AB100, s. 835 Section 835. 25.17 (2) (d) of the statutes is amended to read:

AB100,496,23 25.17 (2) (d) Invest the clean water environmental improvement fund, and collect the principal and interest of all moneys loaned or invested from the clean water environmental improvement fund, as directed by the department of administration under s. 281.59 (2m). In making such investment, the investment board shall accept any reasonable terms and conditions that the department of administration specifies and is relieved of any obligations relevant to prudent investment of the fund, including those set forth under ch. 881.

AB100, s. 836 Section 836. 25.17 (2) (e) of the statutes is created to read:

AB100,497,7 25.17 (2) (e) Invest the transportation infrastructure loan fund, and collect the principal and interest of all moneys loaned or invested from transportation infrastructure loan fund, as directed by the department of administration under s. 85.52 (4m). In making such investment, the investment board shall accept any reasonable terms and conditions that the department of administration specifies and is relieved of any obligations relevant to prudent investment of the fund, including those set forth under ch. 881.

AB100, s. 837 Section 837. 25.17 (13m) of the statutes is created to read:

AB100,497,11 25.17 (13m) No later than 45 days after the end of each calendar quarter, submit a report to the department of administration detailing all costs and expenses charged to funds under s. 25.18 (1) (a) or (m) during that calendar quarter.

AB100, s. 838 Section 838. 25.17 (14) (intro.) of the statutes is amended to read:

AB100,497,18 25.17 (14) (intro.)  The investment board shall, as As of December 31 of each year, make and file with the department of employe trust funds a report of the value of the assets of the fixed retirement investment trust and of the variable retirement investment trust, determined as of that date at market value for the variable retirement investment trust and on the following basis for the fixed retirement investment trust:

AB100, s. 839 Section 839. 25.17 (70) (a) of the statutes is amended to read:

AB100,498,2 25.17 (70) (a) No later than June 30 of every odd-numbered year, after receiving a report from the department of commerce under s. 560.08 (2) (m) and in consultation consulting with the department of commerce, submit to the governor and to the presiding officer of each house of the legislature a plan for making investments in this state. The purpose of the plan is to encourage the board to make the maximum amount of investments in this state, subject to s. 25.15 and consistent with the statutory purpose of each trust or fund managed by the board.

AB100, s. 840 Section 840. 25.17 (70) (b) 1. of the statutes is amended to read:

AB100,498,6 25.17 (70) (b) 1. A report from the department of commerce under s. 560.08 (2) (m) describing the types of investments in businesses in this state which will have the greatest likelihood of enhancing economic development in this state.

AB100, s. 841 Section 841. 25.18 (1) (a) of the statutes is amended to read:

AB100,498,18 25.18 (1) (a) Notwithstanding subch. IV of ch. 16 and s. 20.930, employ special legal or investment counsel in any matters arising out of the scope of its investment authority. The employment of special legal counsel shall be with the advice and consent of the attorney general whenever such special counsel is to be compensated by the board. Any expense of counsel so employed shall be borne by the current income account of the fund for which the services shall be furnished, except that the fixed retirement investment fund may bear this expense from its transaction amortization account and except that expenses may not be charged to a fund under this paragraph if the expenses are for data processing services, information technology and telecommunications services, accounting services other than actuarial services, or general management services.

AB100, s. 842 Section 842. 25.18 (1) (m) of the statutes is amended to read:

AB100,499,3 25.18 (1) (m) Notwithstanding subchs. IV and V of ch. 16, employ professionals, contractors or other agents necessary to evaluate or operate any property if a fund managed by the board has an interest in, or is considering purchasing or lending money based upon the value of, that property. Costs under this paragraph shall be paid by the fund and charged to the appropriate current income account under s. 40.04 (3), except that costs may not be paid by a fund under this paragraph if the costs are for data processing services, information technology and telecommunications services, accounting services other than actuarial services, or general management services.

AB100, s. 843 Section 843. 25.28 of the statutes is repealed.

AB100, s. 844 Section 844. 25.29 (1) (a) of the statutes is amended to read:

AB100,499,10 25.29 (1) (a) Except as provided in s. 25.295, all moneys accruing to the state for or in behalf of the department under chs. 26, 27, 28, 29 and 350, subchs. I and VI of ch. 77 and ss. 23.09 to 23.31, 23.325 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.

AB100, s. 845 Section 845. 25.29 (1) (b) of the statutes is amended to read:

AB100,499,14 25.29 (1) (b) One percent of all sales and use taxes under s. 77.61 (1) on all-terrain vehicles, boats and snowmobiles collected by the department under ss. 23.33, 30.52 (4) and, 350.12 (7) and 350.122.

AB100, s. 846 Section 846. 25.29 (1) (d) 1. of the statutes is amended to read:

AB100,499,19 25.29 (1) (d) 1. An amount calculated by multiplying the number of snowmobiles registered under s. 350.12 or 350.122 on the last day of February of the previous fiscal year by 50 gallons and multiplying that product by the excise tax imposed under s. 78.01 (1) on the last day of February of the previous fiscal year.

AB100, s. 847 Section 847. 25.29 (1) (dm) of the statutes is amended to read:

AB100,500,3 25.29 (1) (dm) For fiscal year 1991-92 and for each fiscal year thereafter, an amount equal to the estimated all-terrain vehicle gas tax payment. The estimated all-terrain vehicle gas tax payment is calculated by multiplying the sum of the number of all-terrain vehicles registered for public use under s. 23.33 (2) (c) or (2g) and the number of reflectorized plates issued under s. 23.33 (2) (dm) on the last day of February of the previous fiscal year by 25 gallons and multiplying that product by the excise tax imposed under s. 78.01 (1) on the last day of February of the previous fiscal year.

AB100, s. 848 Section 848. 25.36 (1) of the statutes is amended to read:

AB100,500,24 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 purchase of mortgages issued with the proceeds of the 1981 veterans home loan revenue bond issuance in an amount sufficient to retire that bond issue or for the veterans programs under ss. 20.485 (2) (m), (mn), (tm), (u), (v), (vo), (w), (z) and (zm), 45.01, 45.25, 45.351 (1) and (2), 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 under s. 45.356, 1995 stats.; all moneys paid as expenses for, interest on and repayment of veterans personal loans; the net proceeds from the sale of mortgaged properties related to veterans personal loans; all mortgages issued with the proceeds of the 1981 veterans home loan revenue bond issuance purchased with moneys in the veterans trust fund; all moneys received from the state investment board under s. 45.356 (9) (b); all moneys received from the veterans mortgage loan repayment fund under s. 45.79 (7) (a) and (c); and all gifts of money received by the board of veterans affairs for the purposes of this fund.

AB100, s. 849 Section 849. 25.40 (1) (a) 5m. of the statutes is created to read:

AB100,501,2 25.40 (1) (a) 5m. Fees collected under s. 342.14 (1r) that are deposited in the environmental fund for environmental management.