2003 Wisconsin Act 33

66.0114 (1) (bm) The official receiving the penalties shall remit all moneys collected to the treasurer of the city, village, town sanitary district, or public inland lake protection and rehabilitation district in whose behalf the sum was paid, except that all jail assessments shall be remitted to the county treasurer, within 20 days after its receipt by the official. If timely remittance is not made, the treasurer may collect the payment of the officer by action, in the name of the office, and upon the official bond of the officer, with interest at the rate of 12% per year from the date on which it was due. In the case of the penalty assessment imposed by s. 757.05, the crime laboratories and drug law enforcement assessment imposed by s. 165.755, the driver improvement surcharge imposed by s. 346.655 (1), the truck driver education assessment imposed by s. 349.04, any applicable consumer protection assessment imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1), the treasurer of the city, village, town sanitary district, or public inland lake protection and rehabilitation district shall remit to the state treasurer secretary of administration the amount required by law to be paid on the actions entered during the preceding month on or before the first day of the next succeeding month. The governing body of the city, village, town sanitary district, or public inland lake protection and rehabilitation district shall by ordinance designate the official to receive the penalties and the terms under which the official qualifies.

33,1531 Section 1531. 66.0114 (3) (c) of the statutes is amended to read:

66.0114 (3) (c) The entire amount in excess of $150 of any forfeiture imposed for the violation of any traffic regulation in conformity with ch. 348 shall be transmitted to the county treasurer if the violation occurred on an interstate highway, a state trunk highway, or a highway over which the local highway authority does not have primary maintenance responsibility. The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (L).

33,1531m Section 1531m. 66.0306 of the statutes is created to read:

66.0306 Local revenue sharing board; Indian gaming compacts. (1) Definitions. In this section:

(a) "Board" means a local revenue sharing board created under sub. (2).

(b) "Compact" means an Indian gaming compact entered into under s. 14.035.

(c) "Facility" means a facility that provides Class III gaming, as defined in 25 USC 2703 (8).

(d) "Political subdivision" means a city, village, town, or county.

(e) "Public safety entities" means all of the following departments, agencies, or subunits of a political subdivision that are obligated to provide services to a particular facility:

1. A fire department.

2. An emergency medical services department, whose personnel include an emergency medical technician licensed under s. 146.50, a first responder certified under s. 146.50 (8), or other personnel who operate or staff an ambulance or authorized emergency vehicle.

3. A governmental unit of one or more persons employed full time by a political subdivision for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.

(2) Creation, membership, and powers of a local revenue sharing board. (a) Creation. 1. A board shall be created by the city, village, or town, and by the county, in which a facility is located. The governing bodies of the political subdivisions shall enact an ordinance creating the board and the members of the board shall be appointed under par. (b). Each member of the board shall serve at the pleasure of the governing body or group that appoints the individual, except that if the members appointed under par. (b) 1., 2., and 3. act under par. (b) 5. the term of the member appointed under par. (b) 4. shall end upon the selection of a new member under that subdivision.

2. All political subdivisions whose public safety entities are obligated to provide services to a particular facility shall establish a group that is made up of the highest ranking member of each public safety entity. Such a group shall appoint one member of the board under par. (b) 3., who shall serve at the pleasure of the group.

(b) Membership. 1. The governing body of the city, village, or town in which the facility is located shall appoint one member of the board.

2. The county board of the county in which the facility is located shall appoint one member of the board.

3. The members of the group described under par. (a) 2. shall appoint one member of the board.

4. The members appointed under subds. 1., 2., and 3. shall select the political subdivision that is most impacted by the facility, other than a political subdivision specified under subd. 1. or 2., and the governing body of that political subdivision shall appoint one member of the board.

5. Not more than once every 2 years, a majority of the members appointed under subds. 1. to 3. may select a different political subdivision under subd. 4. and the governing body of that political subdivision shall appoint one member under subd. 4.

(c) Responsibilities, meetings, compensation. 1. The board shall select from among its members a president, vice president, and secretary-treasurer. Meetings of the board may be called by the president or by any other member of the board, and shall be held in a building in which the governing body of a political subdivision holds its meetings.

2. A member of the board may not receive any compensation for serving on the board, but shall be reimbursed by the political subdivision that appoints or confirms the member for any actual and necessary expenses that he or she incurs relating to service on the board. The reimbursement of the member appointed under par. (b) 3. shall be apportioned among the political subdivisions described under par. (a) 2.

3. The board shall establish an account at a financial institution, as defined in s. 69.30 (1) (b), and shall deposit into the account any revenues received under sub. (3).

4. All 4 members appointed under par. (b) constitute a quorum, and a majority of a quorum may act in any matter within the jurisdiction of the board.

5. Annually, the board shall determine the costs incurred by each political subdivision that provides services to a facility, based on the method determined under par. (d) 2. The total amount of these costs may be certified to the department of administration.

(d) Cooperation agreement. The governing bodies of each political subdivision that is represented on the board shall enter into an intergovernmental cooperation agreement under s. 66.0301 that addresses at least all of the following:

1. The public safety entities, including police, fire, and rescue services, that are to receive payments under sub. (4) (a), and the apportionment formula among the political subdivisions.

2. A method to determine the costs incurred by each political subdivision as a result of the development of the facility, for the purpose of apportioning any payments that are made under sub. (4) (a).

3. The apportionment formula among the political subdivisions for any payments that are made under sub. (4) (c).

4. A mechanism to provide any supplies that are needed by the board.

(3) Receipt of gaming revenues. (a) If a compact requires payments to a political subdivision, such payments shall be sent to the board.

(b) If a compact does not require payments to a political subdivision, the department of administration shall pay annually to the board, from the appropriation under s. 20.505 (8) (k), the amount certified under sub. (2) (c) 5.

(c) If a compact requires payments to a political subdivision and such payments are less than the amount certified under sub. (2) (c) 5., the department of administration shall pay annually to the board, from the appropriation under s. 20.505 (8) (k), an amount equal to the difference between the amount certified under sub. (2) (c) 5. and the amount that is paid to the political subdivision under the compact.

(4) Disbursement of gaming revenues. Annually, from the amounts deposited into the account under sub. (2) (c) 3., the board shall make the following disbursements, in the following order:

(a) To public safety entities, based on costs incurred, and based on the apportionment formula described under sub. (2) (d) 1.

(b) To each political subdivision that is represented on the board by a person appointed under sub. (2) (b) 1., 2., and 4., an amount equal to the amount that the political subdivision would have received, in the year to which the payment relates, in property taxes on the facility if the facility had been subject to property taxes.

(c) To each political subdivision that is represented on the board by a person appointed under sub. (2) (b) 1., 2., and 4., any funds that remain in the account after making the payments under pars. (a) and (b), based on the apportionment formula described under sub. (2) (d) 3.

(5) Dissolution. If a facility ceases operation, after the facility makes its last payment to the account under sub. (2) (c) 3. the board shall distribute the amount in the account as provided in sub. (4). After the board distributes all funds in the account, the board is dissolved.

(6) Applicability. This section does not apply to 1st class cities or to counties with a population of at least 500,000.

33,1532 Section 1532. 66.0517 (3) (b) 1. of the statutes is amended to read:

66.0517 (3) (b) 1. Except as provided in sub. (2) (b), a weed commissioner shall receive compensation for the destruction of noxious weeds as determined by the town board, village board, or city council upon presenting to the proper treasurer the account for noxious weed destruction, verified by oath and approved by the appointing officer. The account shall specify by separate items the amount chargeable to each piece of land, describing the land, and shall, after being paid by the treasurer, be filed with the town, village, or city clerk. The clerk shall enter the amount chargeable to each tract of land in the next tax roll in a column headed "For the Destruction of Weeds", as a tax on the lands upon which the weeds were destroyed. The tax shall be collected under ch. 74, except in case of lands which are exempt from taxation, railroad lands, or other lands for which taxes are not collected under ch. 74. A delinquent tax may be collected as is a delinquent real property tax under chs. 74 and 75 or as is a delinquent personal property tax under ch. 74. In case of railroad lands or other lands for which taxes are not collected under ch. 74, the amount chargeable against these lands shall be certified by the town, village, or city clerk to the state treasurer secretary of administration who shall add the amount designated to the sum due from the company owning, occupying, or controlling the lands specified. The state treasurer secretary of administration shall collect the amount chargeable as prescribed in subch. I of ch. 76 and return the amount collected to the town, city, or village from which the certification was received.

33,1532m Section 1532m. 66.0602 of the statutes is created to read:

66.0602 Local levy limits. (1) Definitions. In this section:

(a) "Debt service" includes debt service on debt issued or reissued to fund or refund outstanding municipal or county obligations, interest on outstanding municipal or county obligations, and related issuance costs and redemption premiums.

(b) "Political subdivision" means a city, village, town, or county.

(c) "Valuation factor" means a percentage equal to the percentage change in the political subdivision's January 1 equalized value due to new construction less improvements removed between the year before the previous year and the previous year, but not less than zero.

(2) Levy limit. Except as provided in subs. (3), (4), and (5), no political subdivision may increase its levy in any year by a percentage that exceeds the political subdivision's valuation factor.

(3) Exceptions. (a) If a political subdivision transfers to another governmental unit responsibility for providing any service that the political subdivision provided in the preceding year, the levy increase limit otherwise applicable under this section to the political subdivision in the current year is decreased to reflect the cost that the political subdivision would have incurred to provide that service, as determined by the department of revenue.

(b) If a political subdivision increases the services that it provides by adding responsibility for providing a service transferred to it from another governmental unit that provided the service in the preceding year, the levy increase limit otherwise applicable under this section to the political subdivision in the current year is increased to reflect the cost of that service, as determined by the department of revenue.

(c) Except as provided in par. (e), if a city or village annexes territory from a town, the city's or village's levy increase limit otherwise applicable under this section is increased in the current year by an amount equal to the town levy on the annexed territory in the preceding year and the levy increase limit otherwise applicable under this section in the current year for the town from which the territory is annexed is decreased by that same amount, as determined by the department of revenue.

(d) If the amount of debt service for a political subdivision in the preceding year is less than the amount of debt service needed in the current year, as a result of the political subdivision adopting a resolution before July 1, 2003, authorizing the issuance of debt, the levy increase limit otherwise applicable under this section to the political subdivision in the current year is increased by the difference between these two amounts, as determined by the department of revenue.

(e) The limit otherwise applicable under this section does not apply to the amount that a county levies in that year for a county children with disabilities education board.

(4) Referendum exception. (a) A political subdivision may exceed the levy increase limit under sub. (2) if its governing body adopts a resolution to that effect and if the resolution is approved in a referendum. The resolution shall specify the proposed amount of increase in the levy beyond the amount that is allowed under sub. (2). With regard to a referendum relating to the 2003 or 2005 levy, the political subdivision may call a special referendum for the purpose of submitting the resolution to the electors of the political subdivision for approval or rejection. With regard to a referendum relating to the 2004 levy, the referendum shall be held at the next succeeding spring primary or election or September primary or general election.

(b) The clerk of the political subdivision shall publish type A, B, C, D, and E notices of the referendum under s. 10.01 (2). Section 5.01 (1) applies in the event of failure to comply with the notice requirements of this paragraph.

(c) The referendum shall be held in accordance with chs. 5 to 12. The political subdivision shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the elections board under ss. 5.64 (2) and 7.08 (1) (a). The question shall be submitted as follows: "Under state law, the increase in the levy of the .... (name of political subdivision) for the tax to be imposed for the next fiscal year, .... (year), is limited to ....%, which results in a levy of $.... Shall the .... (name of political subdivision) be allowed to exceed this limit and increase the levy for the next fiscal year, .... (year), by a total of ....%, which results in a levy of $....?".

(d) Within 14 days after the referendum, the clerk of the political subdivision shall certify the results of the referendum to the department of revenue. The levy increase limit otherwise applicable to the political subdivision under sub. (2) is increased in the next fiscal year by the percentage approved by a majority of those voting on the question.

(5) Exception, certain towns. A town with a population of less than 2,000 may exceed the levy increase limit otherwise applicable under this section to the town if the annual town meeting adopts a resolution to that effect. The limit otherwise applicable to the town under sub. (2) is increased in the next fiscal year by the percentage approved by a majority of those voting on the question. Within 14 days after the adoption of the resolution, the town clerk shall certify the results of the vote to the department of revenue.

(6) Sunset. This section does not apply beginning 3 years after the effective date of this subsection .... [revisor inserts date].

33,1532p Section 1532p. 66.0628 of the statutes is created to read:

66.0628 Fees imposed by a political subdivision. (1) In this section, "political subdivision" means a city, village, town, or county.

(2) Any fee that is imposed by a political subdivision shall bear a reasonable relationship to the service for which the fee is imposed.

(3) With regard to a fee that is first imposed, or an existing fee that is increased, on or after the effective date of this subsection .... [revisor inserts date], a political subdivision shall issue written findings that demonstrate that the fee meets the standard in sub. (2).

33,1533b Section 1533b. 66.0901 (6) of the statutes is amended to read:

66.0901 (6) Separation of contracts; classification of contractors. In public contracts for the construction, repair, remodeling, or improvement of a public building or structure, other than highway structures and facilities, a municipality may bid projects based on a single or multiple division of the work. Public contracts shall be awarded according to the division of work selected for bidding. The municipality may set out in any public contract reasonable and lawful conditions as to the hours of labor, wages, residence, character, and classification of workers to be employed by any contractor, classify contractors as to their financial responsibility, competency, and ability to perform work, and set up a classified list of contractors. The municipality may reject the bid of any person, if the person has not been classified for the kind or amount of work in the bid. If one of the conditions a municipality imposes under a contract that is let under this section authorizes preferences or set-asides to minority businesses in the awarding of a contract under this section, the condition shall require that the minority business be certified by the department of commerce under s. 560.036 (2).

33,1533d Section 1533d. 66.1001 (4) (b) 4. of the statutes is amended to read:

66.1001 (4) (b) 4. After September 1, 2003 2005, the department of administration.

33,1534 Section 1534. 69.14 (1) (cm) of the statutes is amended to read:

69.14 (1) (cm) Information concerning paternity. For a birth which occurs en route to or at a hospital, the filing party shall give the mother a copy of the pamphlet under s. 69.03 (14). If the child's parents are not married at the time of the child's birth, the filing party shall give the mother a copy of the form prescribed by the state registrar under s. 69.15 (3) (b) 3. The filing party shall ensure that trained, designated hospital staff provide to the child's available parents oral information or an audio or video presentation and written information about the form and the significance and benefits of, and alternatives to, establishing paternity, before the parents sign the form. The filing party shall also provide an opportunity to complete the form and have the form notarized in the hospital. If the mother provides a completed form to the filing party while she is a patient in the hospital and within 5 days after the birth, the filing party shall send the form directly to the state registrar. From the appropriation under s. 20.445 (3) (dz), the The department of workforce development shall pay the filing party a financial incentive for correctly filing a form within 60 days after the child's birth.

33,1535 Section 1535. 69.22 (1) (c) of the statutes is amended to read:

69.22 (1) (c) Twelve dollars for issuing an uncertified copy of a birth certificate or a certified copy of a birth certificate, $7 of which shall be forwarded to the state treasurer secretary of administration as provided in sub. (1m) and credited to the appropriations under s. 20.433 (1) (g) and (h); and $3 for issuing any additional certified or uncertified copy of the same birth certificate issued at the same time.

33,1536 Section 1536. 69.22 (1m) of the statutes is amended to read:

69.22 (1m) The state registrar and any local registrar acting under this subchapter shall, for each copy of a birth certificate for which a fee under sub. (1) (c) is charged that is issued during a calendar quarter, forward to the state treasurer secretary of administration for deposit in the appropriations under s. 20.433 (1) (g) and (h) the amounts specified in sub. (1) (c) by the 15th day of the first month following the end of the calendar quarter.

33,1536b Section 1536b. 70.05 (5) (a) 1m. of the statutes is amended to read:

70.05 (5) (a) 1m. "Class of property" means residential under s. 70.32 (2) (a) 1.; commercial under s. 70.32 (2) (a) 2.; personal property; or the sum of swamp or waste undeveloped under s. 70.32 (2) (a) 5. ,; agricultural forest under s. 70.32 (2) (a) 5m.; productive forest land under s. 70.32 (2) (a) 6. and; or other under s. 70.32 (2) (a) 7.

33,1536bm Section 1536bm. 70.114 (1) (b) of the statutes is renumbered 70.114 (1) (b) 1. and amended to read:

70.114 (1) (b) 1. "Estimated value", For land purchased before the effective date of this subdivision .... [revisor inserts date], "estimated value," for the year during which land is purchased, means the purchase price and, for later years, means the value that was used for calculating the aid payment under this section for the prior year increased or decreased to reflect the annual percentage change in the equalized valuation of all property, excluding improvements, in the taxation district, as determined by comparing the most recent determination of equalized valuation under s. 70.57 for that property to the next preceding determination of equalized valuation under s. 70.57 for that property.

33,1536c Section 1536c. 70.114 (1) (b) 2. of the statutes is created to read:

70.114 (1) (b) 2. For land purchased on or after the effective date of this subdivision .... [revisor inserts date], "estimated value," for the year during which land is purchased, means the lesser of the purchase price or the most recent determination of the land's equalized valuation under s. 70.57, except that, if the land was exempt from taxation in the year prior to the year during which the department purchased the land, "estimated value," for the year during which the land is purchased, means the lesser of the purchase price, the most recent determination of the land's equalized valuation under s. 70.57, or an amount that would result in a payment under sub. (4) that is equal to $1 per acre. "Estimated value," for later years, means the value that was used for calculating the aid payment under this section for the prior year increased or decreased to reflect the annual percentage change in the equalized valuation of all property, excluding improvements, in the taxation district, as determined by comparing the most recent determination of equalized valuation under s. 70.57 for that property to the next preceding determination of equalized valuation under s. 70.57 for that property.

33,1536d Section 1536d. 70.32 (2) (a) (intro.) of the statutes is amended to read:

70.32 (2) (a) (intro.) The assessor shall segregate into the following classes on the basis of use and set down separately in proper columns the values of the land, exclusive of improvements, and, except for subds. 5., 5m., and 6., the improvements in each class:

33,1536e Section 1536e. 70.32 (2) (a) 5. of the statutes is repealed and recreated to read:

70.32 (2) (a) 5. Undeveloped.

33,1536f Section 1536f. 70.32 (2) (a) 5m. of the statutes is created to read:

70.32 (2) (a) 5m. Agricultural forest.

33,1536g Section 1536g. 70.32 (2) (c) 1. of the statutes is renumbered 70.32 (2) (c) 1g.

33,1536h Section 1536h. 70.32 (2) (c) 1d. of the statutes is created to read:

70.32 (2) (c) 1d. "Agricultural forest land" means land that is producing or is capable of producing commercial forest products and is included on a parcel that has been classified in part as agricultural land under this subsection or is contiguous to a parcel that has been classified in whole or in part as agricultural land under this subsection, if the contiguous parcel is owned by the same person that owns the land that is producing or is capable of producing commercial forest products. In this subdivision, "contiguous" includes separated only by a road.

33,1536i Section 1536i. 70.32 (2) (c) 4. of the statutes is amended to read:

70.32 (2) (c) 4. "Swampland or wasteland" "Undeveloped land" means bog, marsh, lowland brush, uncultivated land zoned as shoreland under s. 59.692 and shown as a wetland on a final map under s. 23.32 or other nonproductive lands not otherwise classified under this subsection.