SB40: Bill Text

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SB40, s. 670 Section 670. 23.54 (2) of the statutes is repealed.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

SB40,467,22 (2) All moneys received under s. 50.375 from assessments on hospitals.

SB40,467,23 (3) All moneys transferred from the permanent endowment fund.

SB40,467,25 (4) All moneys transferred under 2007 Wisconsin Act (this act), section 9225 (6).

SB40, s. 699 Section 699. 25.96 of the statutes is amended to read:

SB40,468,5 25.96 Utility public benefits fund. There is established a separate nonlapsible trust fund designated as the utility public benefits fund, consisting of low-income assistance fees received under s. 16.957 (4) (a) and (5) (b) 2. and all moneys received under s. 196.374 (3) (b) 4.

SB40, s. 700 Section 700. 26.385 of the statutes is repealed.

SB40, s. 701 Section 701. 28.05 (3) (c) of the statutes is created to read:

SB40,468,12 28.05 (3) (c) Of the amount received by the department from each timber sale for which the department used the services of a cooperating forester under this subsection, the department shall credit to the appropriation account under s. 20.370 (1) (cy) an amount equal to the portion of the sale proceeds that the department is required to pay to the cooperating forester.

SB40, s. 702 Section 702. 28.085 of the statutes is amended to read:

SB40,468,19 28.085 Timber. The department shall allocate for private forest grants under s. 26.38, for forestry research and development grants under s. 26.385, for the forestry education grant program under s. 26.40, for school forest transportation funding under s. 26.39 (5), for transfer to the appropriation under s. 20.292 (1) (km) for master logger apprenticeship grants under s. 38.04 (29), or for forestry internships under s. 26.39.

SB40, s. 703 Section 703. 29.024 (2g) (am) of the statutes is amended to read:

SB40,469,3 29.024 (2g) (am) Social security numbers exceptions. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for, or applying to renew, an approval specified in par. (a) 1. to 3., shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. An approval issued by the department of natural resources in reliance on a false statement submitted by an applicant under this paragraph is invalid.

SB40, s. 704 Section 704. 29.024 (2g) (c) of the statutes is amended to read:

SB40,469,8 29.024 (2g) (c) Disclosure of social security numbers. The department of natural resources may not disclose any social security numbers received under par. (a) to any person except to the department of workforce development children and families for the sole purpose of administering s. 49.22.

SB40, s. 705 Section 705. 29.024 (2g) (d) 1. of the statutes is amended to read:

SB40,469,19 29.024 (2g) (d) 1. As provided in the memorandum of understanding required under s. 49.857 (2), the department shall deny an application to issue or renew, suspend if already issued or otherwise withhold or restrict an approval specified in par. (a) 1. to 3. if the applicant for or the holder of the approval is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or if the applicant or holder fails to comply with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and relating to paternity or child support proceedings.

SB40, s. 706 Section 706. 29.024 (2r) (am) of the statutes is amended to read:

SB40,470,4 29.024 (2r) (am) Social security and identification numbers exceptions. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for, or applying to renew, any of the approvals specified in par. (a) 1. to 16., shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. An approval issued by the department of natural resources in reliance on a false statement submitted by an applicant under this paragraph is invalid.

SB40, s. 707 Section 707. 29.024 (6) (ag) of the statutes is created to read:

SB40,470,9 29.024 (6) (ag) Under a contract issued under par. (a) 4., the department may deduct a portion of each fee collected for a license issued pursuant to the statewide automated system. The department shall credit all of the amounts deducted to the appropriation account under s. 20.370 (1) (hx).

SB40, s. 708 Section 708. 29.229 (2) (hm) of the statutes is created to read:

SB40,470,11 29.229 (2) (hm) Two-day inland lake trout fishing licenses.

SB40, s. 709 Section 709. 29.229 (5m) (a) of the statutes is amended to read:

SB40,470,15 29.229 (5m) (a) The band is requested to enter into a memorandum of understanding with the department of workforce development children and families under s. 49.857.

SB40, s. 710 Section 710. 29.229 (5m) (b) of the statutes is amended to read:

SB40,471,2 29.229 (5m) (b) The band is requested to enact tribal laws or ordinances that require each person who has a social security number, as a condition of being issued an approval under this section, to provide to the band his or her social security number, tribal laws or ordinances that require each person who does not have a social security number, as a condition of being issued an approval under this section, to provide to the band a statement made or subscribed under oath or affirmation on a form prescribed by the department of workforce development children and families that the person does not have a social security number, and tribal laws or ordinances that prohibit the disclosure of that number by the band to any other person except to the department of workforce development children and families for the purpose of administering s. 49.22.

SB40, s. 711 Section 711. 29.229 (5m) (c) of the statutes is amended to read:

SB40,471,18 29.229 (5m) (c) The band is requested to enact tribal laws or ordinances that deny an application to issue or renew, suspend if already issued or otherwise withhold or restrict an approval issued under this section if the applicant for or the holder of the approval fails to provide the information required under tribal laws or ordinances enacted under par. (b) or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or if the department of workforce development children and families certifies that the applicant for or the holder of the approval has failed to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse. The band is also requested to enact tribal laws or ordinances that invalidate an approval issued under this subsection if issued in reliance upon a statement made or subscribed under oath or affirmation under tribal laws or ordinances enacted under par. (b) that is false.