SB40, s. 663 18Section 663. 23.22 (9) of the statutes is created to read:
SB40,458,2219 23.22 (9) Enforcement. (a) If the department of natural resources finds that
20any person is violating a rule promulgated under sub. (2) (b) 6. or a permit issued
21under those rules for which the person is subject to a forfeiture under sub. (8) (a), the
22department of natural resources may do one or more of the following:
SB40,458,2323 1. Issue a citation pursuant to s. 23.50 to 23.99.
SB40,458,2424 2. Refer the matter to the department of justice for enforcement under par. (b).
SB40,459,2
13. Revoke a permit issued under the rules promulgated under sub. (2) (b) 6.,
2after notice and opportunity for hearing.
SB40,459,103 (b) The department of justice shall initiate an enforcement action requested by
4the department under par. (a) 2. The enforcement action may include a request for
5injunctive relief. In any action initiated by it under this paragraph, the department
6of justice shall, prior to stipulation, consent order, judgment, or other final
7disposition of the case, consult with the department of natural resources for the
8purpose of determining the department's views on final disposition. The department
9of justice shall not enter into a final disposition different than that previously
10discussed without first informing the department of natural resources.
SB40,459,1911 (c) In an action initiated pursuant to a citation or initiated under par. (b), the
12court may award, as an additional penalty, an amount equal to all or a portion of the
13costs of investigation, including any monitoring, incurred by the department of
14natural resources or the department of justice, which led to the establishment of the
15violation. The court may also award the department of justice the reasonable and
16necessary expenses of the prosecution, including attorney fees. The department of
17justice shall deposit in the state treasury for deposit into the general fund all moneys
18that the court awards to the department of justice under this paragraph. These
19moneys shall be credited to the appropriation account under s. 20.455 (1) (gh).
SB40, s. 664 20Section 664. 23.24 (6) (b) of the statutes is amended to read:
SB40,459,2421 23.24 (6) (b) A person who violates sub. (3) and who, within 5 years before the
22arrest of the current conviction, was previously convicted of a violation of sub. (3)
23shall forfeit be fined not less than $700 nor more than $2,000 or shall be imprisoned
24for not less than 6 months nor more than 9 months or both.
SB40, s. 665 25Section 665. 23.33 (5) (d) of the statutes is amended to read:
SB40,460,13
123.33 (5) (d) Safety certification program established. The department shall
2establish or supervise the establishment of a program of instruction on all-terrain
3vehicle laws, including the intoxicated operation of an all-terrain vehicle law,
4regulations, safety and related subjects. The department shall establish by rule an
5instruction fee for this program. The department shall issue certificates to persons
6successfully completing the program.
An instructor conducting the program of
7instruction under this paragraph shall collect the fee from each person who receives
8instruction. The department may determine the portion of this fee, which may not
9exceed 50%, that the instructor may retain to defray expenses incurred by the
10instructor in conducting the program. The instructor shall remit the remainder of
11the fee or, if nothing is retained, the entire fee to the department. The department
12shall issue a duplicate certificate of accomplishment to a person who is entitled to a
13duplicate certificate of accomplishment and who pays a fee of $2.75.
SB40, s. 666 14Section 666. 23.33 (13) (e) of the statutes is amended to read:
SB40,460,2315 23.33 (13) (e) Alcohol, controlled substances or controlled substance analogs;
16assessment.
In addition to any other penalty or order, a person who violates sub. (4c)
17(a) or (b) or (4p) (e) or who violates s. 940.09 or 940.25 if the violation involves the
18operation of an all-terrain vehicle, shall be ordered by the court to submit to and
19comply with an assessment by an approved public treatment facility for an
20examination of the person's use of alcohol, controlled substances or controlled
21substance analogs. The assessment order shall comply with s. 343.30 (1q) (c) 1. a.
22to c.
Intentional failure to comply with an assessment ordered under this paragraph
23constitutes contempt of court, punishable under ch. 785.
SB40, s. 667 24Section 667. 23.41 (5) of the statutes is amended to read:
SB40,461,14
123.41 (5) Each contract for construction work entered into by the department
2under this section shall be awarded on the basis of bids or competitive sealed
3proposals in accordance with procedures established by the department. Each
4contract for construction work shall be awarded to the lowest responsible bidder or
5the person submitting the most advantageous competitive sealed proposal as
6determined by the department. If the bid of the lowest responsible bidder or the
7proposal of the person submitting the most advantageous competitive sealed
8proposal is determined by the department to be in excess of the estimated reasonable
9value of the work or not in the public interest, the department may reject all bids or
10competitive sealed proposals. Every such contract is exempted from ss. 16.70 to
1116.75, 16.755, 16.76, 16.767 to 16.77, 16.78 to 16.82, 16.855, 16.87, and 16.89, but ss.
1216.528, 16.753, 16.754, and 16.765, 16.771, and 16.871 apply to the contract. Every
13such contract involving an expenditure of more than $60,000 is not valid until the
14contract is approved by the governor.
SB40, s. 668 15Section 668. 23.51 (1m) of the statutes is amended to read:
SB40,461,2016 23.51 (1m) "Citation" means a pleading of essential facts and applicable law
17coupled with a demand for judgment, which notifies
complaint and includes a
18notification to
the person cited of a violation of a statute or rule enumerated in s.
1923.50 (1) or of a violation of a local ordinance, and requests the person to appear in
20court. Part of the citation is a complaint.
SB40, s. 669 21Section 669. 23.54 (1) of the statutes is amended to read:
SB40,461,2422 23.54 (1) A citation may be prepared on a paper form or in an electronic format.
23The defendant shall receive a copy of the citation.
The citation shall contain a
24complaint, a
an area to record the case history and a report of court action on the case.
SB40, s. 670 25Section 670. 23.54 (2) of the statutes is repealed.
SB40, s. 671
1Section 671. 23.62 (1) (a) of the statutes is amended to read:
SB40,462,52 23.62 (1) (a) Issue a citation to the defendant in the form manner specified in
3s. 23.54, a paper copy or electronic version of which shall be filed with the clerk of
4courts in the county where the violation was committed or with the office of the
5municipal judge in the case of an ordinance violation;
SB40, s. 672 6Section 672. 23.62 (2) (a) of the statutes is amended to read:
SB40,462,107 23.62 (2) (a) If the defendant is a resident of this state, a law enforcement officer
8may serve a citation anywhere in the state by following the procedures used for the
9service of a summons under s. 801.11 (1) (a) or (b) 1. or 1m. or (2) or by mailing a paper
10copy to the defendant's last-known address.
SB40, s. 673 11Section 673. 23.62 (2) (b) of the statutes is amended to read:
SB40,462,1412 23.62 (2) (b) If the defendant is not a resident of the state, a law enforcement
13officer may serve a citation by delivering a paper copy to the defendant personally
14or by mailing a paper copy to the defendant's last-known address.
SB40, s. 674 15Section 674. 23.68 of the statutes is amended to read:
SB40,462,20 1623.68 Pleading. The A citation or complaint issued pursuant to s. 23.62 or a
17complaint issued pursuant to s.
23.65 may serve as the initial pleading and,
18notwithstanding any other provisions of the statutes, shall be deemed adequate
19process to give the appropriate court jurisdiction over the person upon the filing of
20the citation or complaint with such court.
SB40, s. 675 21Section 675. 25.14 (1) (a) (intro.) of the statutes is amended to read:
SB40,463,222 25.14 (1) (a) (intro.) There is created a state investment fund under the
23jurisdiction and management of the board to be operated as an investment trust for
24the purpose of managing the securities of all funds that are required by law to be

1invested in the state investment fund and
all of the state's funds consisting of the
2funds
specified in s. 25.17 (1), except all of the following:
SB40, s. 676 3Section 676. 25.17 (1) (ab) of the statutes is created to read:
SB40,463,44 25.17 (1) (ab) Affordable housing trust fund (s. 25.415);
SB40, s. 677 5Section 677. 25.17 (1) (bw) of the statutes is created to read:
SB40,463,66 25.17 (1) (bw) County aid fund (s. 25.51).
SB40, s. 678 7Section 678. 25.17 (1) (gd) of the statutes is created to read:
SB40,463,88 25.17 (1) (gd) Health care quality fund (s. 25.772);
SB40, s. 679 9Section 679. 25.17 (63) of the statutes is created to read:
SB40,463,1210 25.17 (63) If requested by the Health Insurance Risk-Sharing Plan Authority,
11invest funds of the Health Insurance Risk-Sharing Plan Authority in the state
12investment fund.
SB40, s. 680 13Section 680. 25.18 (1) (a) of the statutes is amended to read:
SB40,463,2114 25.18 (1) (a) Notwithstanding s. 20.930 and all provisions of subch. IV of ch.
1516, except s. ss. 16.753 and 16.771, employ special legal or investment counsel in any
16matters arising out of the scope of its investment authority. Section 16.753 does not
17apply to the employment of legal or investment counsel for the purpose of assisting
18the board with investments. The employment of special legal counsel shall be with
19the advice and consent of the attorney general whenever such special counsel is to
20be compensated by the board. Any expense of counsel so employed shall be borne by
21the fund for which the services shall be furnished.
SB40, s. 681 22Section 681. 25.18 (1) (f) of the statutes is amended to read:
SB40,464,623 25.18 (1) (f) Maintain and repair any building or other structure or premises
24which it owns in fee or in which it owns the beneficial interest and, notwithstanding
25all provisions of subch. IV or V of ch. 16, except s. ss. 16.753, 16.771, and 16.871, it

1shall have exclusive authority to make such agreements and enter into such
2contracts as it deems necessary for such purpose. Section 16.753 does not apply to
3agreements and contracts entered into by the board for the purpose of assisting the
4board with investments. All noncapital costs under this paragraph shall be charged
5to the current income accounts of the funds having an interest in the building,
6structure or premises.
SB40, s. 682 7Section 682. 25.18 (1) (m) of the statutes is amended to read:
SB40,464,158 25.18 (1) (m) Notwithstanding all provisions of subchs. IV and V of ch. 16,
9except s. ss. 16.753, 16.771, and 16.871, employ professionals, contractors or other
10agents necessary to evaluate or operate any property if a fund managed by the board
11has an interest in, or is considering purchasing or lending money based upon the
12value of, that property. Section 16.753 does not apply to the employment of any
13person for the purpose of assisting the board with investments. Costs under this
14paragraph shall be paid by the fund and charged to the appropriate account under
15s. 40.04 (3).
SB40, s. 683 16Section 683. 25.187 (2) (a) of the statutes is amended to read:
SB40,464,2417 25.187 (2) (a) Subject to pars. (b) and par. (c), on July 1 and January September
181 of each year, the investment board shall estimate the amounts required for its
19operating expenditures for the next 6-month period and shall
assess each fund for
20which the board has management responsibility for its share of the estimated board's
21operating expenditures for the current fiscal year in an equitable manner. The board
22shall pay the assessment from the current income of each fund, unless an
23appropriation is made for payment of the assessment, in which case the assessment
24shall be paid from that appropriation account.
SB40, s. 684 25Section 684. 25.187 (2) (b) of the statutes is repealed.
SB40, s. 685
1Section 685. 25.187 (2) (c) 1. of the statutes is amended to read:
SB40,465,72 25.187 (2) (c) 1. Except as provided in subd. 2., the total amount that the board
3may assess the funds for which the board has management responsibility for any
4fiscal year may not exceed the greater of $20,352,800 or 0.0275% the amount that the
5board could have assessed the funds in the 2nd year of the prior fiscal biennium or
60.0325%
of the average market value of the assets of the funds at the end of each
7month between November 30 and April 30 of the preceding fiscal year.
SB40, s. 686 8Section 686. 25.187 (2) (c) 3. c. of the statutes is created to read:
SB40,465,129 25.187 (2) (c) 3. c. Annually, no later than June 15, certify to the department
10of administration and to the joint committee on finance the maximum amount that
11the board may assess the funds for which the board has management responsibility
12in the next fiscal year.
SB40, s. 687 13Section 687. 25.40 (1) (bd) of the statutes is created to read:
SB40,465,1414 25.40 (1) (bd) Oil company assessments under subch. XIV of ch. 77.
SB40, s. 688 15Section 688. 25.415 of the statutes is created to read:
SB40,465,18 1625.415 Affordable housing trust fund. There is established a separate
17nonlapsible trust fund designated as the affordable housing trust fund, to consist of
18moneys that may be transferred from the county aid fund under s. 20.855 (4) (vm).
SB40, s. 689 19Section 689. 25.46 (1m) of the statutes is amended to read:
SB40,465,2120 25.46 (1m) The moneys transferred under s. 20.855 (4) (f) (rm) for nonpoint
21source water pollution abatement.
SB40, s. 690 22Section 690. 25.46 (7) of the statutes is amended to read:
SB40,465,2523 25.46 (7) The fees imposed under s. 289.67 (1) for environmental management,
24except that for each ton of waste for which the fee is $1.60 per ton, 75 cents is for
25nonpoint source water pollution abatement
.
SB40, s. 691
1Section 691. 25.47 (4m) of the statutes is created to read:
SB40,466,22 25.47 (4m) The payments under s. 101.1435 (4).
SB40, s. 692 3Section 692. 25.50 (1) (d) of the statutes is amended to read:
SB40,466,134 25.50 (1) (d) "Local government" means any county, town, village, city, power
5district, sewerage district, drainage district, town sanitary district, public inland
6lake protection and rehabilitation district, local professional baseball park district
7created under subch. III of ch. 229, family long-term care district under s. 46.2895,
8local professional football stadium district created under subch. IV of ch. 229, local
9cultural arts district created under subch. V of ch. 229, public library system, school
10district or technical college district in this state, any commission, committee, board
11or officer of any governmental subdivision of this state, any court of this state, other
12than the court of appeals or the supreme court, or any authority created under s.
13114.61, 149.41, 231.02, 233.02 or 234.02.
SB40, s. 693 14Section 693. 25.51 of the statutes is created to read:
SB40,466,17 1525.51 County aid fund. There is established a separate nonlapsible trust
16fund designated as the county aid fund consisting of the moneys the state receives
17under s. 77.24.
SB40, s. 694 18Section 694. 25.60 of the statutes is amended to read:
SB40,466,22 1925.60 Budget stabilization fund. There is created a separate nonlapsible
20trust fund designated as the budget stabilization fund, consisting of moneys
21transferred to the fund from the general fund under ss. 13.48 (14) (c), 16.518 (3), and
2216.72 (4) (b), and 16.848.
SB40, s. 695 23Section 695. 25.68 (1) of the statutes is amended to read:
SB40,467,3
125.68 (1) All moneys received by the department of workforce development
2children and families under s. 49.854, except for moneys received under s. 49.854 (11)
3(b).
SB40, s. 696 4Section 696. 25.68 (3) of the statutes is amended to read:
SB40,467,75 25.68 (3) All moneys not specified under sub. (2) that are received under a
6judgment or order in an action affecting the family, as defined in s. 767.001 (1), by
7the department of workforce development children and families or its designee.
SB40, s. 697 8Section 697. 25.69 of the statutes is amended to read:
SB40,467,15 925.69 Permanent endowment fund. There is established a separate
10nonlapsible trust fund designated as the permanent endowment fund, consisting of
11all of the proceeds from the sale of the state's right to receive payments under the
12Attorneys General Master Tobacco Settlement Agreement of November 23, 1998,
13and all investment earnings on the proceeds. There is transferred from the
14permanent endowment fund to the health care quality fund $50,000,000 in each
15fiscal year.
SB40, s. 698 16Section 698. 25.772 of the statutes is created to read:
SB40,467,19 1725.772 Health care quality fund. There is established a separate
18nonlapsible trust fund designated as the health care quality fund, to consist of all of
19the following:
SB40,467,21 20(1) The amount of the taxes collected under subchs. II and III of ch. 139 as
21determined under ss. 139.455 and 139.865.
SB40,467,22 22(2) All moneys received under s. 50.375 from assessments on hospitals.
SB40,467,23 23(3) All moneys transferred from the permanent endowment fund.
SB40,467,25 24(4) All moneys transferred under 2007 Wisconsin Act (this act), section 9225
25(6).
SB40, s. 699
1Section 699. 25.96 of the statutes is amended to read:
SB40,468,5 225.96 Utility public benefits fund. There is established a separate
3nonlapsible trust fund designated as the utility public benefits fund, consisting of
4low-income assistance fees received under s. 16.957 (4) (a) and (5) (b) 2. and all
5moneys received under s. 196.374 (3) (b) 4.
SB40, s. 700 6Section 700. 26.385 of the statutes is repealed.
SB40, s. 701 7Section 701. 28.05 (3) (c) of the statutes is created to read:
SB40,468,128 28.05 (3) (c) Of the amount received by the department from each timber sale
9for which the department used the services of a cooperating forester under this
10subsection, the department shall credit to the appropriation account under s. 20.370
11(1) (cy) an amount equal to the portion of the sale proceeds that the department is
12required to pay to the cooperating forester.
SB40, s. 702 13Section 702. 28.085 of the statutes is amended to read:
SB40,468,19 1428.085 Timber. The department shall allocate for private forest grants under
15s. 26.38, for forestry research and development grants under s. 26.385, for the
16forestry education grant program under s. 26.40, for school forest transportation
17funding under s. 26.39 (5), for transfer to the appropriation under s. 20.292 (1) (km)
18for master logger apprenticeship grants under s. 38.04 (29), or for forestry
19internships under s. 26.39.
SB40, s. 703 20Section 703. 29.024 (2g) (am) of the statutes is amended to read:
SB40,469,321 29.024 (2g) (am) Social security numbers exceptions. If an applicant who is an
22individual does not have a social security number, the applicant, as a condition of
23applying for, or applying to renew, an approval specified in par. (a) 1. to 3., shall
24submit a statement made or subscribed under oath or affirmation to the department
25that the applicant does not have a social security number. The form of the statement

1shall be prescribed by the department of workforce development children and
2families
. An approval issued by the department of natural resources in reliance on
3a false statement submitted by an applicant under this paragraph is invalid.
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