SB40: Bill Text

SB40, s. 659 Section 659. 23.1985 of the statutes is amended to read:

SB40,457,4 23.1985 Acquisition of certain public lands. Beginning in fiscal year 2006-07 and ending in fiscal year 2009-10 2019-20, from the appropriation under s. 20.866 (2) (ta), the department shall set aside $2,000,000 in each fiscal year that may be obligated only to acquire land from the board of commissioners of public lands under s. 24.59 (1). If the department sets aside, but does not obligate moneys in a fiscal year under this section, the department may obligate those nonobligated moneys in a subsequent fiscal year under this section in addition to the amounts the department is required to set aside for that subsequent fiscal year. For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated under the subprogram under s. 23.0917 (3).

SB40, s. 660 Section 660. 23.22 (2) (b) 6. of the statutes is amended to read:

SB40,457,10 23.22 (2) (b) 6. Promulgate rules to identify, classify, and control invasive species for purposes of the program. In promulgating these rules, the department shall consider the recommendations of the council under sub. (3) (a). As part of these rules, the department may establish procedures and requirements for issuing permits to control invasive species.

SB40, s. 661 Section 661. 23.22 (2) (c) of the statutes is amended to read:

SB40,457,24 23.22 (2) (c) Under the program established under par. (a), the department shall promulgate rules to establish a procedure to award cost-sharing grants to public and private entities for up to 50% 75 percent of the costs of projects to control invasive species. The rules promulgated under this paragraph shall establish criteria for determining eligible projects and eligible grant recipients. Eligible projects shall include education and inspection activities at boat landings. The rules shall allow cost-share contributions to be in the form of money or in-kind goods or services or any combination thereof. In promulgating these rules, the department shall consider the recommendations of the council under sub. (3) (c). From the appropriation under s. 20.370 (6) (ar), the department shall make available in each fiscal year $1,500,000 for cost-sharing grants to be awarded to local governmental units for the control of invasive species that are aquatic species $1,000,000 in fiscal year 2005-06 and $1,500,000 in fiscal year 2006-07 and each fiscal year thereafter.

SB40, s. 662 Section 662. 23.22 (8) of the statutes is created to read:

SB40,458,3 23.22 (8) Penalties. (a) Except as provided in pars. (b) and (c), any person who violates a rule promulgated under sub. (2) (b) 6., or any permit issued under those rules, shall forfeit not more than $200.

SB40,458,7 (b) Any person who intentionally violates any rule promulgated under sub. (2) (b) 6. or any permit issued under those rules shall be fined not less than $1,000 nor more than $5,000, or shall be imprisoned for not less than 6 months nor more than 9 months or both.

SB40,458,13 (c) A person who violates a rule promulgated under sub. (2) (b) 6. or any permit issued under those rules and who, within 5 years before the arrest of the current conviction, was previously convicted of a violation of a rule promulgated under sub. (2) (b) 6. or any permit issued under those rules shall be fined not less than $700 nor more than $2,000 or shall be imprisoned for not less than 6 months nor more than 9 months or both.

SB40,458,17 (d) The court may order a person who is convicted under par. (a), (b), or (c) to abate any nuisance caused by the violation, restore any natural resource damaged by the violation, or take other appropriate action to eliminate or minimize any environmental damage caused by the violation.

SB40, s. 663 Section 663. 23.22 (9) of the statutes is created to read:

SB40,458,22 23.22 (9) Enforcement. (a) If the department of natural resources finds that any person is violating a rule promulgated under sub. (2) (b) 6. or a permit issued under those rules for which the person is subject to a forfeiture under sub. (8) (a), the department of natural resources may do one or more of the following:

SB40,458,23 1. Issue a citation pursuant to s. 23.50 to 23.99.

SB40,458,24 2. Refer the matter to the department of justice for enforcement under par. (b).

SB40,459,2 3. Revoke a permit issued under the rules promulgated under sub. (2) (b) 6., after notice and opportunity for hearing.

SB40,459,10 (b) The department of justice shall initiate an enforcement action requested by the department under par. (a) 2. The enforcement action may include a request for injunctive relief. In any action initiated by it under this paragraph, the department of justice shall, prior to stipulation, consent order, judgment, or other final disposition of the case, consult with the department of natural resources for the purpose of determining the department's views on final disposition. The department of justice shall not enter into a final disposition different than that previously discussed without first informing the department of natural resources.

SB40,459,19 (c) In an action initiated pursuant to a citation or initiated under par. (b), the court may award, as an additional penalty, an amount equal to all or a portion of the costs of investigation, including any monitoring, incurred by the department of natural resources or the department of justice, which led to the establishment of the violation. The court may also award the department of justice the reasonable and necessary expenses of the prosecution, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department of justice under this paragraph. These moneys shall be credited to the appropriation account under s. 20.455 (1) (gh).

SB40, s. 664 Section 664. 23.24 (6) (b) of the statutes is amended to read:

SB40,459,24 23.24 (6) (b) A person who violates sub. (3) and who, within 5 years before the arrest of the current conviction, was previously convicted of a violation of sub. (3) shall forfeit be fined not less than $700 nor more than $2,000 or shall be imprisoned for not less than 6 months nor more than 9 months or both.

SB40, s. 665 Section 665. 23.33 (5) (d) of the statutes is amended to read:

SB40,460,13 23.33 (5) (d) Safety certification program established. The department shall establish or supervise the establishment of a program of instruction on all-terrain vehicle laws, including the intoxicated operation of an all-terrain vehicle law, regulations, safety and related subjects. The department shall establish by rule an instruction fee for this program. The department shall issue certificates to persons successfully completing the program. An instructor conducting the program of instruction under this paragraph shall collect the fee from each person who receives instruction. The department may determine the portion of this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred by the instructor in conducting the program. The instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department. The department shall issue a duplicate certificate of accomplishment to a person who is entitled to a duplicate certificate of accomplishment and who pays a fee of $2.75.

SB40, s. 666 Section 666. 23.33 (13) (e) of the statutes is amended to read:

SB40,460,23 23.33 (13) (e) Alcohol, controlled substances or controlled substance analogs; assessment. In addition to any other penalty or order, a person who violates sub. (4c) (a) or (b) or (4p) (e) or who violates s. 940.09 or 940.25 if the violation involves the operation of an all-terrain vehicle, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol, controlled substances or controlled substance analogs. The assessment order shall comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

SB40, s. 667 Section 667. 23.41 (5) of the statutes is amended to read:

SB40,461,14 23.41 (5) Each contract for construction work entered into by the department under this section shall be awarded on the basis of bids or competitive sealed proposals in accordance with procedures established by the department. Each contract for construction work shall be awarded to the lowest responsible bidder or the person submitting the most advantageous competitive sealed proposal as determined by the department. If the bid of the lowest responsible bidder or the proposal of the person submitting the most advantageous competitive sealed proposal is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, the department may reject all bids or competitive sealed proposals. Every such contract is exempted from ss. 16.70 to 16.75, 16.755, 16.76, 16.767 to 16.77, 16.78 to 16.82, 16.855, 16.87, and 16.89, but ss. 16.528, 16.753, 16.754, and 16.765, 16.771, and 16.871 apply to the contract. Every such contract involving an expenditure of more than $60,000 is not valid until the contract is approved by the governor.

SB40, s. 668 Section 668. 23.51 (1m) of the statutes is amended to read:

SB40,461,20 23.51 (1m) "Citation" means a pleading of essential facts and applicable law coupled with a demand for judgment, which notifies complaint and includes a notification to the person cited of a violation of a statute or rule enumerated in s. 23.50 (1) or of a violation of a local ordinance, and requests the person to appear in court. Part of the citation is a complaint.

SB40, s. 669 Section 669. 23.54 (1) of the statutes is amended to read:

SB40,461,24 23.54 (1) A citation may be prepared on a paper form or in an electronic format. The defendant shall receive a copy of the citation. The citation shall contain a complaint, a an area to record the case history and a report of court action on the case.

SB40, s. 670 Section 670. 23.54 (2) of the statutes is repealed.

SB40, s. 671 Section 671. 23.62 (1) (a) of the statutes is amended to read:

SB40,462,5 23.62 (1) (a) Issue a citation to the defendant in the form manner specified in s. 23.54, a paper copy or electronic version of which shall be filed with the clerk of courts in the county where the violation was committed or with the office of the municipal judge in the case of an ordinance violation;

SB40, s. 672 Section 672. 23.62 (2) (a) of the statutes is amended to read:

SB40,462,10 23.62 (2) (a) If the defendant is a resident of this state, a law enforcement officer may serve a citation anywhere in the state by following the procedures used for the service of a summons under s. 801.11 (1) (a) or (b) 1. or 1m. or (2) or by mailing a paper copy to the defendant's last-known address.

SB40, s. 673 Section 673. 23.62 (2) (b) of the statutes is amended to read:

SB40,462,14 23.62 (2) (b) If the defendant is not a resident of the state, a law enforcement officer may serve a citation by delivering a paper copy to the defendant personally or by mailing a paper copy to the defendant's last-known address.

SB40, s. 674 Section 674. 23.68 of the statutes is amended to read:

SB40,462,20 23.68 Pleading. The A citation or complaint issued pursuant to s. 23.62 or a complaint issued pursuant to s. 23.65 may serve as the initial pleading and, notwithstanding any other provisions of the statutes, shall be deemed adequate process to give the appropriate court jurisdiction over the person upon the filing of the citation or complaint with such court.

SB40, s. 675 Section 675. 25.14 (1) (a) (intro.) of the statutes is amended to read:

SB40,463,2 25.14 (1) (a) (intro.) There is created a state investment fund under the jurisdiction and management of the board to be operated as an investment trust for the purpose of managing the securities of all funds that are required by law to be invested in the state investment fund and all of the state's funds consisting of the funds specified in s. 25.17 (1), except all of the following:

SB40, s. 676 Section 676. 25.17 (1) (ab) of the statutes is created to read:

SB40,463,4 25.17 (1) (ab) Affordable housing trust fund (s. 25.415);

SB40, s. 677 Section 677. 25.17 (1) (bw) of the statutes is created to read:

SB40,463,6 25.17 (1) (bw) County aid fund (s. 25.51).

SB40, s. 678 Section 678. 25.17 (1) (gd) of the statutes is created to read:

SB40,463,8 25.17 (1) (gd) Health care quality fund (s. 25.772);

SB40, s. 679 Section 679. 25.17 (63) of the statutes is created to read:

SB40,463,12 25.17 (63) If requested by the Health Insurance Risk-Sharing Plan Authority, invest funds of the Health Insurance Risk-Sharing Plan Authority in the state investment fund.

SB40, s. 680 Section 680. 25.18 (1) (a) of the statutes is amended to read:

SB40,463,21 25.18 (1) (a) Notwithstanding s. 20.930 and all provisions of subch. IV of ch. 16, except s. ss. 16.753 and 16.771, employ special legal or investment counsel in any matters arising out of the scope of its investment authority. Section 16.753 does not apply to the employment of legal or investment counsel for the purpose of assisting the board with investments. 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 fund for which the services shall be furnished.

SB40, s. 681 Section 681. 25.18 (1) (f) of the statutes is amended to read:

SB40,464,6 25.18 (1) (f) Maintain and repair any building or other structure or premises which it owns in fee or in which it owns the beneficial interest and, notwithstanding all provisions of subch. IV or V of ch. 16, except s. ss. 16.753, 16.771, and 16.871, it shall have exclusive authority to make such agreements and enter into such contracts as it deems necessary for such purpose. Section 16.753 does not apply to agreements and contracts entered into by the board for the purpose of assisting the board with investments. All noncapital costs under this paragraph shall be charged to the current income accounts of the funds having an interest in the building, structure or premises.

SB40, s. 682 Section 682. 25.18 (1) (m) of the statutes is amended to read:

SB40,464,15 25.18 (1) (m) Notwithstanding all provisions of subchs. IV and V of ch. 16, except s. ss. 16.753, 16.771, and 16.871, 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. Section 16.753 does not apply to the employment of any person for the purpose of assisting the board with investments. Costs under this paragraph shall be paid by the fund and charged to the appropriate account under s. 40.04 (3).

SB40, s. 683 Section 683. 25.187 (2) (a) of the statutes is amended to read:

SB40,464,24 25.187 (2) (a) Subject to pars. (b) and par. (c), on July 1 and January September 1 of each year, the investment board shall estimate the amounts required for its operating expenditures for the next 6-month period and shall assess each fund for which the board has management responsibility for its share of the estimated board's operating expenditures for the current fiscal year in an equitable manner. The board shall pay the assessment from the current income of each fund, unless an appropriation is made for payment of the assessment, in which case the assessment shall be paid from that appropriation account.

SB40, s. 684 Section 684. 25.187 (2) (b) of the statutes is repealed.

SB40, s. 685 Section 685. 25.187 (2) (c) 1. of the statutes is amended to read:

SB40,465,7 25.187 (2) (c) 1. Except as provided in subd. 2., the total amount that the board may assess the funds for which the board has management responsibility for any fiscal year may not exceed the greater of $20,352,800 or 0.0275% the amount that the board could have assessed the funds in the 2nd year of the prior fiscal biennium or 0.0325% of the average market value of the assets of the funds at the end of each month between November 30 and April 30 of the preceding fiscal year.

SB40, s. 686 Section 686. 25.187 (2) (c) 3. c. of the statutes is created to read:

SB40,465,12 25.187 (2) (c) 3. c. Annually, no later than June 15, certify to the department of administration and to the joint committee on finance the maximum amount that the board may assess the funds for which the board has management responsibility in the next fiscal year.

SB40, s. 687 Section 687. 25.40 (1) (bd) of the statutes is created to read:

SB40,465,14 25.40 (1) (bd) Oil company assessments under subch. XIV of ch. 77.

SB40, s. 688 Section 688. 25.415 of the statutes is created to read:

SB40,465,18 25.415 Affordable housing trust fund. There is established a separate nonlapsible trust fund designated as the affordable housing trust fund, to consist of moneys that may be transferred from the county aid fund under s. 20.855 (4) (vm).

SB40, s. 689 Section 689. 25.46 (1m) of the statutes is amended to read:

SB40,465,21 25.46 (1m) The moneys transferred under s. 20.855 (4) (f) (rm) for nonpoint source water pollution abatement.

SB40, s. 690 Section 690. 25.46 (7) of the statutes is amended to read:

SB40,465,25 25.46 (7) The fees imposed under s. 289.67 (1) for environmental management, except that for each ton of waste for which the fee is $1.60 per ton, 75 cents is for nonpoint source water pollution abatement.

SB40, s. 691 Section 691. 25.47 (4m) of the statutes is created to read:

SB40,466,2 25.47 (4m) The payments under s. 101.1435 (4).

SB40, s. 692 Section 692. 25.50 (1) (d) of the statutes is amended to read:

SB40,466,13 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, local professional baseball park district created under subch. III of ch. 229, family long-term care district under s. 46.2895, local professional football stadium district created under subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229, 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. 114.61, 149.41, 231.02, 233.02 or 234.02.

SB40, s. 693 Section 693. 25.51 of the statutes is created to read:

SB40,466,17 25.51 County aid fund. There is established a separate nonlapsible trust fund designated as the county aid fund consisting of the moneys the state receives under s. 77.24.

SB40, s. 694 Section 694. 25.60 of the statutes is amended to read:

SB40,466,22 25.60 Budget stabilization fund. There is created a separate nonlapsible trust fund designated as the budget stabilization fund, consisting of moneys transferred to the fund from the general fund under ss. 13.48 (14) (c), 16.518 (3), and 16.72 (4) (b), and 16.848.

SB40, s. 695 Section 695. 25.68 (1) of the statutes is amended to read:

SB40,467,3 25.68 (1) All moneys received by the department of workforce development children and families under s. 49.854, except for moneys received under s. 49.854 (11) (b).

SB40, s. 696 Section 696. 25.68 (3) of the statutes is amended to read:

SB40,467,7 25.68 (3) All moneys not specified under sub. (2) that are received under a judgment or order in an action affecting the family, as defined in s. 767.001 (1), by the department of workforce development children and families or its designee.

SB40, s. 697 Section 697. 25.69 of the statutes is amended to read:

SB40,467,15 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 is transferred from the permanent endowment fund to the health care quality fund $50,000,000 in each fiscal year.

SB40, s. 698 Section 698. 25.772 of the statutes is created to read:

SB40,467,19 25.772 Health care quality fund. There is established a separate nonlapsible trust fund designated as the health care quality fund, to consist of all of the following:

SB40,467,21 (1) The amount of the taxes collected under subchs. II and III of ch. 139 as determined under ss. 139.455 and 139.865.