Amendment SSA1-SB44

SB44-SSA1,573,22 2. Transfer under this subsection paragraph may be made only if the transfer is consistent with the requirements of par. (a), and the department finds that the appropriate county department under s. 51.42 or 51.437 is unable to locate an approved treatment facility in the community, or that such the county department has acted in an arbitrary or capricious manner to prevent the transfer of the patient out of the state treatment facility or other inpatient facility contrary to medical and clinical judgment.

SB44-SSA1, s. 1499b Section 1499b. 51.35 (1) (d) 3. of the statutes is renumbered 51.35 (1) (b) 3. and amended to read:

SB44-SSA1,574,7 51.35 (1) (b) 3. A Except as provided in pars. (c) and (d), a transfer of a patient, made under authority of this subsection, in a treatment facility other than as specified in subd. 1. or 2. may be made by the department only after the department has notified the appropriate county department under s. 51.42 or 51.437 of its intent to transfer a the patient in accordance with this subsection. The patient's guardian, if any, or if a minor his or her parent or person in the place of a parent shall be notified by the department.

SB44-SSA1, s. 1500 Section 1500. 51.35 (5) of the statutes is amended to read:

SB44-SSA1,574,16 51.35 (5) Residential living arrangements; transitionary services. The department and any person, director or board authorized to discharge or transfer patients under this section shall ensure that a proper residential living arrangement and the necessary transitionary services are available and provided for the patient being discharged or transferred. Under this subsection, a proper residential living arrangement may not include a shelter facility, as defined under s. 16.352 560.9808 (1) (d), unless the discharge or transfer to the shelter facility is made on an emergency basis for a period not to exceed 10 days.

SB44-SSA1, s. 1502 Section 1502. 51.437 (4rm) (c) 2m. of the statutes is amended to read:

SB44-SSA1,574,22 51.437 (4rm) (c) 2m. Bill the county department of developmental disabilities services for services that are not provided by the federal government and that are provided under s. 51.06 (1m) (d) to individuals who are eligible for medical assistance that are not provided by the federal government, plus any applicable surcharge under s. 51.06 (5), using the procedure established under subd. 1.

SB44-SSA1, s. 1503 Section 1503. 51.67 (intro.) of the statutes is amended to read:

SB44-SSA1,575,22 51.67 Alternate procedure; protective services. (intro.) If, after a hearing under s. 51.13 (4) or 51.20, the court finds that commitment under this chapter is not warranted and that the subject individual is a fit subject for guardianship and protective placement or services, the court may, without further notice, appoint a temporary guardian for the subject individual and order temporary protective placement or services under ch. 55 for a period not to exceed 30 days. If the court orders temporary Temporary protective placement for an individual under the age of 22 years in a center for the developmentally disabled, this placement may be made only at the central center for the developmentally disabled unless the department authorizes the placement or transfer to the northern or southern center for the developmentally disabled is subject to s. 51.06 (3). Any interested party may then file a petition for permanent guardianship or protective placement or services, including medication, under ch. 55. If the individual is in a treatment facility, the individual may remain in the facility during the period of temporary protective placement if no other appropriate facility is available. The court may order psychotropic medication as a temporary protective service under this section if it finds that there is probable cause to believe the individual is not competent to refuse psychotropic medication and that the medication ordered will have therapeutic value and will not unreasonably impair the ability of the individual to prepare for and participate in subsequent legal proceedings. An individual is not competent to refuse psychotropic medication if, because of chronic mental illness, and after the advantages and disadvantages of and alternatives to accepting the particular psychotropic medication have been explained to the individual, one of the following is true:

SB44-SSA1, s. 1504 Section 1504. 55.001 of the statutes is amended to read:

SB44-SSA1,576,11 55.001 Declaration of policy. The legislature recognizes that many citizens of the state, because of the infirmities of aging, chronic mental illness, mental retardation, other developmental disabilities or like incapacities incurred at any age, are in need of protective services. These Except as provided in s. 49.45 (30m) (a), these services should, to the maximum degree of feasibility under programs, services and resources that the county board of supervisors is reasonably able to provide within the limits of available state and federal funds and of county funds required to be appropriated to match state funds, allow the individual the same rights as other citizens, and at the same time protect the individual from exploitation, abuse and degrading treatment. This chapter is designed to establish those services and assure their availability to all persons when in need of them, and to place the least possible restriction on personal liberty and exercise of constitutional rights consistent with due process and protection from abuse, exploitation and neglect.

SB44-SSA1, s. 1505 Section 1505. 55.01 (4g) of the statutes is created to read:

SB44-SSA1,576,13 55.01 (4g) "Intermediate facility" has the meaning given in s. 46.279 (1) (a).

SB44-SSA1, s. 1506 Section 1506. 55.01 (4t) of the statutes is created to read:

SB44-SSA1,576,15 55.01 (4t) "Nursing facility" has the meaning given in s. 46.279 (1) (b).

SB44-SSA1, s. 1507 Section 1507. 55.045 of the statutes is amended to read:

SB44-SSA1,577,2 55.045 Funding. The Except as provided in s. 49.45 (30m) (a), the appropriate county department designated under s. 55.02 shall within the limits of available state and federal funds and of county funds required to be appropriated to match state funds, provide for the reasonable program needs of persons who are protectively placed or who receive protective services under this chapter, including reasonable expenses for the evaluations required by s. 55.06 (8). Payment and collections for protective placement or protective services provided in public facilities specified in s. 46.10 shall be governed in accordance with s. 46.10. The department may require that a person who is protectively placed or receives protective services under this chapter provide reimbursement for services or care and custody received, based on the ability of the person to pay for such costs.

SB44-SSA1, s. 1508 Section 1508. 55.06 (5) of the statutes is amended to read:

SB44-SSA1,578,3 55.06 (5) Notice of a petition for placement shall be served upon the person sought to be placed, by personal service, at least 10 days prior to the time set for a hearing. Upon service of the notice, the person sought to be protected shall be informed of the complete contents of the notice. The person serving the notice shall return a certificate to the circuit judge verifying that the petition has been delivered and notice given. The notice shall include the names of all petitioners. Notice shall also be served personally or by mail upon the person's guardian ad litem, legal counsel, guardian, if any, presumptive adult heirs, and upon other persons who have physical custody of the person to be protected whose names and addresses are known to the petitioner or can with reasonable diligence be ascertained, to any governmental or private body or group from whom the person to be protected is known to be receiving aid, and to such other persons or entities as the court may require. Notice shall also be served personally or by mail upon the department at least 10 days prior to the time set for hearing if the person sought to be protected may be placed in a center for the developmentally disabled. The department shall be allowed to submit oral or written testimony regarding such a placement at the hearing. Notice shall also be served personally or by mail, at least 10 days before the time set for hearing, upon the county department that is participating in the program under s. 46.278 of the county of residence of the person sought to be protected, if the person has a developmental disability and may be placed in an intermediate facility or a nursing facility, except that, for a person sought to be protected to whom s. 46.279 (4m) applies, this notice shall instead be served on the department. The incompetent or proposed incompetent is presumed able to attend the hearing unless, after a personal interview, the guardian ad litem certifies to the court that the person is unable to attend.

SB44-SSA1, s. 1509 Section 1509. 55.06 (8) (intro.) of the statutes is amended to read:

SB44-SSA1,579,4 55.06 (8) (intro.) Before ordering the protective placement of any individual, the court shall direct a comprehensive evaluation of the person in need of placement, if such an evaluation has not already been made. The court may utilize available multidisciplinary resources in the community in determining the need for placement. The board designated under s. 55.02 or an agency designated by it shall cooperate with the court in securing available resources. Where applicable by reason of the particular disability, the appropriate board designated under s. 55.02 or an agency designated by it having responsibility for the place of legal residence of the individual as provided in s. 49.001 (6) shall make a recommendation for placement. If the court is considering placement of the individual in a center for the developmentally disabled, the court shall request a statement or testimony from the department regarding whether the placement is appropriate for the person's needs and whether it is consistent with the purpose of the center under s. 51.06 (1) unless testimony was provided by the department under sub. (5). If the individual has a developmental disability and the court is considering placement of the individual in an intermediate facility or a nursing facility, the court shall request a statement or testimony from the county department of the individual's county of residence that is participating in the program under s. 46.278 as to whether the individual's needs could be met in a noninstitutional setting, except that, if s. 46.279 (4m) applies to the individual, the court shall request the statement or testimony from the department, rather than the county department. A copy of the comprehensive evaluation shall be provided to the guardian, the guardian ad litem, and to the individual or attorney at least 96 hours in advance of the hearing to determine placement. The court or the cooperating agency obtaining the evaluation shall request appropriate information which shall include at least the following:

SB44-SSA1, s. 1510 Section 1510. 55.06 (9) (a) of the statutes is amended to read:

SB44-SSA1,580,18 55.06 (9) (a) The court may order protective services under s. 55.05 (2) (d) as an alternative to placement. When ordering placement, the court, on the basis of the evaluation and other relevant evidence, shall order the appropriate board specified under s. 55.02 or an agency designated by it to protectively place the individual. Placement by the appropriate board or designated agency is subject to s. 46.279 and shall be made in the least restrictive environment consistent with the needs of the person to be placed and with the placement resources of the appropriate board specified under s. 55.02. Factors to be considered in making protective placement shall include the needs of the person to be protected for health, social, or rehabilitative services; the level of supervision needed; the reasonableness of the placement given the cost and the actual benefits in the level of functioning to be realized by the individual; the limits of available state and federal funds and of county funds required to be appropriated to match state funds; and the reasonableness of the placement given the number or projected number of individuals who will need protective placement and given the limited funds available. The Except as provided in s. 49.45 (30m), the county may not be required to provide funding, in addition to its funds that are required to be appropriated to match state funds, in order to protectively place an individual. Placement under this section does not replace commitment of a person in need of acute psychiatric treatment under s. 51.20 or 51.45 (13). Placement Subject to s. 46.279, placement may be made to such facilities as nursing homes, public medical institutions, centers for the developmentally disabled under the requirements of s. 51.06 (3), foster care services and other home placements, or to other appropriate facilities but may not be made to units for the acutely mentally ill. If the appropriate board or designated agency proposes to place an individual who has a developmental disability in an intermediate facility or a nursing facility under an order under this paragraph, the county department, or, if s. 46.279 (4m) applies to the individual, the department or the department's contractor shall develop a plan under s. 46.279 (4) and furnish the plan to the board or agency and to the individual's guardian. The board or agency shall place the individual in a noninstitutional community setting in accord with the plan unless the court finds that placement in the intermediate facility or nursing facility is the most integrated setting, as defined in s. 46.279 (1) (bm), that is appropriate to the needs of the individual taking into account information presented by all affected parties. The prohibition of placements in units for the acutely mentally ill does not prevent placement by a court for short-term diagnostic procedures under par. (d). Placement in a locked unit shall require a specific finding of the court as to the need for such action. A placement facility may transfer a patient from a locked unit to a less restrictive environment without court approval.

SB44-SSA1, s. 1511 Section 1511. 55.06 (9) (b) of the statutes is amended to read:

SB44-SSA1,581,18 55.06 (9) (b) Transfer may be made between placement units or from a placement unit to a medical facility other than those specified in pars. (c) to (e) by a guardian or placement facility without approval by a court. When transfer is made by a placement facility, 24 hours' prior written notice of the transfer shall be provided to the guardian, when feasible. If it is not feasible to notify the guardian in advance, written notice shall be provided immediately upon transfer, and notice shall also be provided to the court and to the board designated under s. 55.02 or an agency designated by it within a reasonable time, not to exceed 48 hours from the time of the transfer. Upon petition to a court by a guardian, ward, or attorney, or other interested person specifying objections to a transfer, or if the person is transferred to an intermediate facility or to a nursing facility, the court shall order a hearing, within 96 hours after filing of the petition, to determine whether there is probable cause to believe that the transfer is consistent with the requirements specified in par. (a) and is necessary for the best interests of the ward or, if the person is transferred to an intermediate facility or to a nursing facility, to determine if the intermediate facility or nursing facility is the most integrated setting, as defined in s. 46.279 (1) (bm), that is appropriate to the needs of the ward taking into account information presented by all affected parties. The court shall notify the ward, guardian, and petitioner of the time and place of the hearing, and a guardian ad litem shall be appointed to represent the ward. If the person is an adult who is indigent, the county of legal settlement shall be liable for guardian ad litem fees. If the person is a child, the person's parents or the county of legal settlement shall be liable for guardian ad litem fees as provided in s. 48.235 (8). The petitioner, ward, and guardian shall have the right to attend, and to present and cross-examine witnesses.

SB44-SSA1, s. 1512 Section 1512. 55.06 (9) (c) of the statutes is amended to read:

SB44-SSA1,582,2 55.06 (9) (c) Transfer Subject to s. 46.279, transfer to a more restrictive placement, including a locked unit, may be made with notice to the guardian, the court and appropriate board designated under s. 55.02 or an agency designated by it in the manner prescribed in par. (b). Upon petition by a guardian, ward or attorney, or other interested person specifying objections to the transfer or if the person has a developmental disability and is transferred to an intermediate facility or a nursing facility, the court shall order a hearing as provided in par. (b).

SB44-SSA1, s. 1513 Section 1513. 55.06 (10) (a) of the statutes is renumbered 55.06 (10) (a) 1.

SB44-SSA1, s. 1514 Section 1514. 55.06 (10) (a) 2. of the statutes is created to read:

SB44-SSA1,582,17 55.06 (10) (a) 2. If the person has a developmental disability and is placed in an intermediate facility or a nursing facility, the agency that is responsible for the protective placement shall notify in writing the county department of the county of residence of the person that is participating in the program under s. 46.278 or, if s. 46.279 (4m) applies to the person, the department, at least 120 days before the review. The county department so notified or, if s. 46.279 (4m) applies, the department's contractor shall develop a plan under s. 46.279 (4) and furnish the plan to the court that ordered the placement and to the person's guardian. The court shall order that the person be transferred to the noninstitutional community setting in accordance with the plan unless the court finds that placement in the intermediate facility or nursing facility is the most integrated setting, as defined in s. 46.279 (1) (bm), that is appropriate to the needs of the person taking into account information presented by all affected parties.

SB44-SSA1, s. 1515 Section 1515. 55.06 (11) (c) of the statutes is amended to read:

SB44-SSA1,583,3 55.06 (11) (c) Upon a finding of probable cause under par. (b), the court may order temporary placement up to 30 days pending the hearing for a permanent placement, or the court may order such protective services as may be required. If an individual who has a developmental disability is ordered, under this paragraph, to be temporarily placed in an intermediate facility or in a nursing facility, and if at the hearing for permanent placement the court orders that the individual be protectively placed, the court may, before permanent placement, extend the temporary placement order for not more than 90 days if necessary for the county department that is participating in the program under s. 46.278 or, if s. 46.279 (4m) applies, the department's contractor to develop the plan required under s. 46.279 (4).

SB44-SSA1, s. 1516 Section 1516. 59.22 (2) (c) 2. of the statutes is amended to read:

SB44-SSA1,583,9 59.22 (2) (c) 2. No action of the board may be contrary to or in derogation of the rules of the department of health and family services workforce development under s. 49.33 49.78 (4) to (7) relating to employees administering old-age assistance, aid to families with dependent children, aid to the blind and , or aid to totally and permanently disabled persons or ss. 63.01 to 63.17.

SB44-SSA1, s. 1517 Section 1517. 59.25 (3) (f) 1. of the statutes is amended to read:

SB44-SSA1,583,18 59.25 (3) (f) 1. Except as provided in subd. 2., transmit to the state treasurer secretary of administration at the time required by law to pay the state taxes a particular statement, certified by the county treasurer's personal signature affixed or attached thereto, of all moneys received by him or her during the preceding year and which are payable to the state treasurer secretary of administration for licenses, fines, penalties, or on any other account, and at the same time pay to the state treasurer secretary of administration the amount thereof after deducting the legal fees.

SB44-SSA1, s. 1518 Section 1518. 59.25 (3) (f) 2. of the statutes is amended to read:

SB44-SSA1,584,23 59.25 (3) (f) 2. For all court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 757.05 for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 938.34 (8d) for the delinquency victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts required by s. 100.261 for the consumer protection assessment, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse assessment, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by s. 349.04 for the truck driver education assessment, the amounts required by ss. 346.177, 346.495 and 346.65 (4r) for the railroad crossing improvement assessment, the amounts required by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required by s. 29.983 for the wild animal protection assessment, the amounts required by ss. 29.987 and 169.46 (1) for the natural resources assessment surcharge, the amounts required by s. 29.985 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment, and the amounts required by ss. 29.989 and 169.46 (2) for natural resources restitution payments, transmit to the state treasurer secretary of administration a statement of all moneys 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, certified by the county treasurer's personal signature affixed or attached thereto, and at the same time pay to the state treasurer secretary of administration the amount thereof.

SB44-SSA1, s. 1519 Section 1519. 59.25 (3) (k) of the statutes is amended to read:

SB44-SSA1,585,3 59.25 (3) (k) Forward 40% of the state forfeitures, fines, and penalties under ch. 348 to the state treasurer secretary of administration for deposit in the transportation fund under s. 25.40 (1) (ig).

SB44-SSA1, s. 1520 Section 1520. 59.25 (3) (L) of the statutes is amended to read:

SB44-SSA1,585,7 59.25 (3) (L) Forward all money received under s. 66.0114 (3) (c) to the state treasurer secretary of administration for deposit in the transportation fund under s. 25.40 (1) (ig).

SB44-SSA1, s. 1521 Section 1521. 59.25 (3) (m) of the statutes is amended to read:

SB44-SSA1,585,11 59.25 (3) (m) Forward 50% of the fees received under s. 351.07 (1g) to the state treasurer secretary of administration for deposit in the transportation fund under s. 25.40 (1) (im).

SB44-SSA1, s. 1522 Section 1522. 59.25 (3) (p) of the statutes is amended to read:

SB44-SSA1,585,17 59.25 (3) (p) Pay to the state treasurer secretary of administration on his or her order the state percentage of fees received from the clerk of the circuit court under s. 59.40 (2) (m) and if any such moneys remain in his or her hands when he or she is required to pay the state percentage of fees, pay such moneys therewith to the state treasurer secretary of administration.

SB44-SSA1, s. 1523 Section 1523. 59.26 (8) (a) of the statutes is amended to read:

SB44-SSA1,586,23 59.26 (8) (a) In any county with a population of less than 500,000, the board, by ordinance, may fix the number of deputy sheriffs to be appointed in that county at not less than that number required by sub. (1) (a) and (b) and may set the salary of those deputies. The board may provide by ordinance that deputy sheriff positions be filled by appointment by the sheriff from a list of all persons with the 3 highest scores for each position based on a competitive examination. Such competitive examinations may be by a county civil service commission or by the division of merit recruitment and selection in the department of employment relations office of state human resources management at the option of the board and it shall so provide by ordinance. The division of merit recruitment and selection in the department of employment relations office of state human resources management shall, upon request of the board, conduct such examination according to the methods used in examinations for the state civil service and shall certify an eligible list of the names of all persons with the 3 highest scores on that examination for each position to the sheriff of that county who shall make an appointment from that list to fill the position within 10 days after he or she receives the eligible list. The county for which such examination is conducted shall pay the cost of that examination. If a civil service commission is decided upon for the selection of deputy sheriffs, then ss. 63.01 to 63.17 shall apply so far as consistent with this subsection, except ss. 63.03, 63.04 and 63.15 and except the provision governing minimum compensation of the commissioners. The ordinance or an amending ordinance may provide for employee grievance procedures and disciplinary actions, for hours of work, for tours of duty according to seniority and for other administrative regulations. Any board provision consistent with this paragraph and existing on July 25, 1951, is validated. If the sheriff fills a deputy sheriff position by promotion, the sheriff shall make the appointment to the position from a list of 3 deputy sheriffs who receive the highest scores in a competitive examination. Such competitive examinations may be by a county civil service commission or by the division of merit recruitment and selection in the department of employment relations office of state human resources management at the option of the board and it shall so provide by ordinance.

SB44-SSA1, s. 1524 Section 1524. 59.40 (2) (m) of the statutes is amended to read:

SB44-SSA1,588,4 59.40 (2) (m) Pay monthly to the treasurer secretary of administration for the use of the state the state's percentage of the fees required to be paid on each civil action, criminal action, and special proceeding filed during the preceding month and pay monthly to the treasurer secretary of administration for the use of the state the percentage of court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 757.05 for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 938.34 (8d) for the delinquency victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts required by s. 100.261 for the consumer protection assessment, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants, and children, the amounts required by s. 349.04 for the truck driver education assessment, the amounts required by ss. 346.177, 346.495, and 346.65 (4r) for the railroad crossing improvement assessment, the amounts required by s. 346.655 for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required under s. 29.983 for the wild animal protection assessment, the amounts required under ss. 29.987 (1) (d) and 169.46 (1) (d) for the natural resources assessment surcharge, the amounts required by s. 29.985 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment, and the amounts required under ss. 29.989 (1) (d) and 169.46 (2) (d) for the natural resources restitution payments. The payments shall be made by the 15th day of the month following receipt thereof.

SB44-SSA1, s. 1526 Section 1526. 59.53 (24) of the statutes is created to read:

SB44-SSA1,588,8 59.53 (24) County payments made under Medical Assistance. The board shall, upon demand by the department of health and family services, authorize payment to that department not to exceed any of the following:

SB44-SSA1,588,14 (a) Home and community based services. For services provided under ss. 46.275 and 46.278 beginning in 2001 and thereafter, any payment made under s. 20.435 (4) (hm), and the portion of the payment made under s. 20.435 (4) (o) for Medical Assistance Program benefits administered under ss. 46.275 and 46.278 that is related to any rates increased for services under s. 46.275 or 46.278 beginning in 2001.

SB44-SSA1,588,21 (b) Alcohol and other drug and mental health prevention and treatment services. For alcohol and other drug and mental health prevention and treatment services provided under s. 49.46 (2) (a) 1., 2., and 4. d. and e. and (b) 6. b., c., d., f., fm., j., k., L., and m., 9., 12., 12m., 13., 15., and 16. beginning in 2003 and thereafter, any payment made under s. 20.435 (4) (hm), and the portion of the payment made under s. 20.435 (4) (o) as Medical Assistance Program benefits for the services that is related to any rates increased for these services beginning in 2003.

SB44-SSA1, s. 1530 Section 1530. 66.0114 (1) (bm) of the statutes is amended to read:

SB44-SSA1,589,16 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.

SB44-SSA1, s. 1531 Section 1531. 66.0114 (3) (c) of the statutes is amended to read:

SB44-SSA1,589,24 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).

SB44-SSA1, s. 1531m Section 1531m. 66.0306 of the statutes is created to read:

SB44-SSA1,590,2 66.0306 Local revenue sharing board; Indian gaming compacts. (1) Definitions. In this section:

SB44-SSA1,590,3 (a) "Board" means a local revenue sharing board created under sub. (2).

SB44-SSA1,590,4 (b) "Compact" means an Indian gaming compact entered into under s. 14.035.

SB44-SSA1,590,6 (c) "Facility" means a facility that provides Class III gaming, as defined in 25 USC 2703 (8).

SB44-SSA1,590,8 (d) "Net win" means the amount wagered at a facility, less the amount paid out in winnings at the facility.

SB44-SSA1,590,9 (e) "Political subdivision" means a city, village, town, or county.

SB44-SSA1,590,12 (f) "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:

SB44-SSA1,590,13 1. A fire department.

SB44-SSA1,590,17 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.

SB44-SSA1,590,21 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.

SB44-SSA1,591,5 (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.

SB44-SSA1,591,9 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.

SB44-SSA1,591,11 (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.

SB44-SSA1,591,13 2. The county board of the county in which the facility is located shall appoint one member of the board.

SB44-SSA1,591,15 3. The members of the group described under par. (a) 2. shall appoint one member of the board.

SB44-SSA1,591,19 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.

SB44-SSA1,591,23 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.

SB44-SSA1,592,3 (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.

SB44-SSA1,592,8 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.

SB44-SSA1,592,11 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).

SB44-SSA1,592,13 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.

SB44-SSA1,592,17 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.

SB44-SSA1,592,20 (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:

SB44-SSA1,592,23 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.

SB44-SSA1,593,3 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).

SB44-SSA1,593,5 3. The apportionment formula among the political subdivisions for any payments that are made under sub. (4) (c).

SB44-SSA1,593,6 4. A mechanism to provide any supplies that are needed by the board.

SB44-SSA1,593,8 (3) Receipt of gaming revenues. (a) If a compact requires payments to a political subdivision, such payments shall be sent to the board.

SB44-SSA1,593,11 (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.

SB44-SSA1,593,17 (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.