LRB-0236/1
JTK:wlj:rs
2005 - 2006 LEGISLATURE
February 8, 2005 - Introduced by Senator Stepp, cosponsored by Representatives
Lehman and Vos. Referred to Joint Committee on Finance.
SB47,1,3
1An Act relating to: expenditure of a sum sufficient equal to $158,800 plus
2accrued interest from the general fund in payment of a claim against the state
3made by the Village of Sturtevant.
Analysis by the Legislative Reference Bureau
This bill directs expenditure of $158,800, plus interest calculated at the legal
rate of 5 percent annually from the date of billing to the date of payment, in payment
of a claim against the Department of Administration (DOA) by the village of
Sturtevant. In 2001, DOA completed construction of a probation and parole holding
facility, workhouse, and garage at the Racine correctional institution as a part of the
authorized state building program and requested the village to connect the newly
constructed buildings to the village sewage system. The village permitted the
connections to be made. Per village ordinance, the village requested payment of
$158,800 in sewage connection charges. DOA declined to pay the charges, citing s.
13.48 (13) (a), stats., which exempts state construction projects from compliance with
most municipal ordinances, including permit fees. The village contends that the
charges are sewerage service charges, authorized under s. 66.0821 (4) (a), stats.,
from which the state is not exempted. On July 13, 2004, the claims board found that
the state is not legally liable to pay this claim, nor should the claim be paid on the
basis of equitable principles (see 2003 Senate Journal, p. 831).
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB47, s. 1
1Section
1.
Claim against the state. There is directed to be expended from
2the appropriation under section 20.505 (4) (d) of the statutes, as affected by the acts
3of 2003 and 2005, $158,800, plus interest at the legal rate under section 138.04 of the
4statutes calculated from the date of billing to the date of payment, in payment of a
5claim against the state made by the village of Sturtevant for connection charges
6levied by the village to connect the probation and parole holding facility, workhouse,
7and garage at the Racine correctional institution with the village sewage system.
8Acceptance of this payment releases this state and its officers, employees, and agents
9from any further liability resulting from expenses incurred by the village in making
10these connections.
