SB44,651,2424
55.01
(4t) "Nursing facility" has the meaning given in s. 46.279 (1) (b).
SB44, s. 1507
25Section
1507. 55.045 of the statutes is amended to read:
SB44,652,11
155.045 Funding. The Except as provided in s. 49.45 (30m) (a), the appropriate
2county department designated under s. 55.02 shall within the limits of available
3state and federal funds and of county funds required to be appropriated to match
4state funds, provide for the reasonable program needs of persons who are
5protectively placed or who receive protective services under this chapter, including
6reasonable expenses for the evaluations required by s. 55.06 (8). Payment and
7collections for protective placement or protective services provided in public facilities
8specified in s. 46.10 shall be governed in accordance with s. 46.10. The department
9may require that a person who is protectively placed or receives protective services
10under this chapter provide reimbursement for services or care and custody received,
11based on the ability of the person to pay for such costs.
SB44, s. 1508
12Section
1508. 55.06 (5) of the statutes is amended to read:
SB44,653,1013
55.06
(5) Notice of a petition for placement shall be served upon the person
14sought to be placed
, by personal service
, at least 10 days prior to the time set for a
15hearing. Upon service of the notice
, the person sought to be protected shall be
16informed of the complete contents of the notice. The person serving the notice shall
17return a certificate to the circuit judge verifying that the petition has been delivered
18and notice given. The notice shall include the names of all petitioners. Notice shall
19also be served personally or by mail upon the person's guardian ad litem, legal
20counsel, guardian, if any, presumptive adult heirs, and upon other persons who have
21physical custody of the person to be protected whose names and addresses are known
22to the petitioner or can with reasonable diligence be ascertained, to any
23governmental or private body or group from whom the person to be protected is
24known to be receiving aid
, and to such other persons or entities as the court may
25require. Notice shall also be served personally or by mail upon the department at
1least 10 days prior to the time set for hearing if the person sought to be protected may
2be placed in a center for the developmentally disabled.
The department shall be
3allowed to submit oral or written testimony regarding such a placement at the
4hearing. Notice shall also be served personally or by mail, at least 10 days before the
5time set for hearing, upon the county department that is participating in the
6program under s. 46.278 of the county of residence of the person sought to be
7protected, if the person has a developmental disability and may be placed in an
8intermediate facility or a nursing facility. The incompetent or proposed incompetent
9is presumed able to attend the hearing unless, after a personal interview, the
10guardian ad litem certifies to the court that the person is unable to attend.
SB44, s. 1509
11Section
1509. 55.06 (8) (intro.) of the statutes is amended to read:
SB44,654,912
55.06
(8) (intro.) Before ordering the protective placement of any individual,
13the court shall direct a comprehensive evaluation of the person in need of placement,
14if such an evaluation has not already been made. The court may utilize available
15multidisciplinary resources in the community in determining the need for
16placement. The board designated under s. 55.02 or an agency designated by it shall
17cooperate with the court in securing available resources. Where applicable by reason
18of the particular disability, the appropriate board designated under s. 55.02 or an
19agency designated by it having responsibility for the place of legal residence of the
20individual as provided in s. 49.001 (6) shall make a recommendation for placement.
21If the court is considering placement of the individual in a center for the
22developmentally disabled, the court shall request a statement
or testimony from the
23department regarding whether the placement is appropriate for the person's needs
24and whether it is consistent with the purpose of the center under s. 51.06 (1)
unless
25testimony was provided by the department under sub. (5). If the individual has a
1developmental disability and the court is considering placement of the individual in
2an intermediate facility or a nursing facility, the court shall request a statement or
3testimony from the county department of the individual's county of residence that is
4participating in the program under s. 46.278 as to whether the individual's needs
5could be met in a noninstitutional setting. A copy of the comprehensive evaluation
6shall be provided to the guardian, the guardian ad litem, and to the individual or
7attorney at least 96 hours in advance of the hearing to determine placement. The
8court or the cooperating agency obtaining the evaluation shall request appropriate
9information which shall include at least the following:
SB44, s. 1510
10Section
1510. 55.06 (9) (a) of the statutes is amended to read:
SB44,655,2211
55.06
(9) (a) The court may order protective services under s. 55.05 (2) (d) as
12an alternative to placement. When ordering placement, the court, on the basis of the
13evaluation and other relevant evidence
, shall order the appropriate board specified
14under s. 55.02 or an agency designated by it to protectively place the individual.
15Placement by the appropriate board or designated agency
is subject to s. 46.279 and 16shall be made in the least restrictive environment consistent with the needs of the
17person to be placed and with the placement resources of the appropriate board
18specified under s. 55.02. Factors to be considered in making protective placement
19shall include the needs of the person to be protected for health, social
, or
20rehabilitative services; the level of supervision needed; the reasonableness of the
21placement given the cost and the actual benefits in the level of functioning to be
22realized by the individual; the limits of available state and federal funds and of
23county funds required to be appropriated to match state funds; and the
24reasonableness of the placement given the number or projected number of
25individuals who will need protective placement and given the limited funds
1available.
The Except as provided in s. 49.45 (30m), the county may not be required
2to provide funding, in addition to its funds that are required to be appropriated to
3match state funds, in order to protectively place an individual. Placement under this
4section does not replace commitment of a person in need of acute psychiatric
5treatment under s. 51.20 or 51.45 (13).
Placement
Subject to s. 46.279, placement 6may be made to such facilities as nursing homes, public medical institutions, centers
7for the developmentally disabled under the requirements of s. 51.06 (3), foster care
8services and other home placements, or to other appropriate facilities but may not
9be made to units for the acutely mentally ill.
If the appropriate board or designated
10agency proposes to place an individual who has a developmental disability in an
11intermediate facility or a nursing facility under an order under this paragraph, the
12county department shall develop a plan under s. 46.279 (4) and furnish the plan to
13the board or agency and to the individual's guardian. The board or agency shall place
14the individual in a noninstitutional community setting in accord with the plan unless
15the court finds that to do so is not in the individual's best interests. If the individual
16or the individual's guardian rejects the plan, the court shall take the rejection into
17consideration in determining whether or not the placement is in the individual's best
18interests. The prohibition of placements in units for the acutely mentally ill does not
19prevent placement by a court for short-term diagnostic procedures under par. (d).
20Placement in a locked unit shall require a specific finding of the court as to the need
21for such action. A placement facility may transfer a patient from a locked unit to a
22less restrictive environment without court approval.
SB44, s. 1511
23Section
1511. 55.06 (9) (b) of the statutes is amended to read:
SB44,656,2024
55.06
(9) (b) Transfer may be made between placement units or from a
25placement unit to a medical facility other than those specified in pars. (c) to (e) by a
1guardian or placement facility without approval by a court. When transfer is made
2by a placement facility, 24 hours' prior written notice of the transfer shall be provided
3to the guardian, when feasible. If it is not feasible to notify the guardian in advance,
4written notice shall be provided immediately upon transfer, and notice shall also be
5provided to the court and to the board designated under s. 55.02 or an agency
6designated by it within a reasonable time, not to exceed 48 hours from the time of the
7transfer. Upon petition to a court by a guardian, ward, or attorney, or other
8interested person specifying objections to a transfer
, or if the person is transferred
9to an intermediate facility or to a nursing facility, the court shall order a hearing,
10within 96 hours after filing of the petition
or, if the person is transferred to an
11intermediate facility or to a nursing facility, within 96 hours after the transfer, to
12determine whether there is probable cause to believe that the transfer is consistent
13with the requirements specified in par. (a) and is necessary for the best interests of
14the ward. The court shall notify the ward, guardian
, and petitioner of the time and
15place of the hearing, and a guardian ad litem shall be appointed to represent the
16ward. If the person is an adult who is indigent, the county of legal settlement shall
17be liable for guardian ad litem fees. If the person is a child, the person's parents or
18the county of legal settlement shall be liable for guardian ad litem fees as provided
19in s. 48.235 (8). The petitioner, ward
, and guardian shall have the right to attend,
20and to present and cross-examine witnesses.
SB44, s. 1512
21Section
1512. 55.06 (9) (c) of the statutes is amended to read:
SB44,657,322
55.06
(9) (c)
Transfer Subject to s. 46.279, transfer to a more restrictive
23placement, including a locked unit, may be made with notice to the guardian, the
24court and appropriate board designated under s. 55.02 or an agency designated by
25it in the manner prescribed in par. (b). Upon petition by a guardian, ward or attorney,
1or other interested person specifying objections to the transfer
or if the person has
2a developmental disability and is transferred to an intermediate facility or a nursing
3facility, the court shall order a hearing as provided in par. (b).
SB44, s. 1513
4Section
1513. 55.06 (10) (a) of the statutes is renumbered 55.06 (10) (a) 1.
SB44, s. 1514
5Section
1514. 55.06 (10) (a) 2. of the statutes is created to read:
SB44,657,166
55.06
(10) (a) 2. If the person has a developmental disability and is placed in
7an intermediate facility or a nursing facility, the agency that is responsible for the
8protective placement shall notify in writing the county department of the county of
9residence of the person that is participating in the program under s. 46.278, at least
1090 days before the review. The county department so notified shall develop a plan
11under s. 46.279 (4) and furnish the plan to the court that ordered the placement and
12to the person's guardian. The court shall order that the person be transferred to the
13noninstitutional community setting in accordance with the plan unless the court
14finds that to do so is not in the person's best interests. If the person or the person's
15guardian rejects the transfer, the court shall take the rejection into consideration in
16determining whether or not the transfer is in the person's best interests.
SB44, s. 1515
17Section
1515. 55.06 (11) (c) of the statutes is amended to read:
SB44,658,218
55.06
(11) (c) Upon a finding of probable cause under par. (b), the court may
19order temporary placement up to 30 days pending the hearing for a permanent
20placement, or the court may order such protective services as may be required.
If an
21individual who has a developmental disability is ordered, under this paragraph, to
22be temporarily placed in an intermediate facility or in a nursing facility, and if at the
23hearing for permanent placement the court orders that the individual be protectively
24placed, the court may, before permanent placement, extend the temporary placement
25order for not more than 60 days if necessary for the county department that is
1participating in the program under s. 46.278 to develop the plan required under s.
246.279 (4).
SB44, s. 1516
3Section
1516. 59.22 (2) (c) 2. of the statutes is amended to read:
SB44,658,84
59.22
(2) (c) 2. No action of the board may be contrary to or in derogation of the
5rules of the department of
health and family services
workforce development under
6s.
49.33 49.78 (4) to (7) relating to employees administering old-age assistance, aid
7to families with dependent children, aid to the blind
and
, or aid to totally and
8permanently disabled persons or ss. 63.01 to 63.17.
SB44, s. 1517
9Section
1517. 59.25 (3) (f) 1. of the statutes is amended to read:
SB44,658,1710
59.25
(3) (f) 1. Except as provided in subd. 2., transmit to the
state treasurer 11secretary of administration at the time required by law to pay the state taxes a
12particular statement, certified by the county treasurer's personal signature affixed
13or attached thereto, of all moneys received by him or her during the preceding year
14and which are payable to the
state treasurer secretary of administration for licenses,
15fines, penalties, or on any other account, and at the same time pay to the
state
16treasurer secretary of administration the amount thereof after deducting the legal
17fees.
SB44, s. 1518
18Section
1518. 59.25 (3) (f) 2. of the statutes is amended to read:
SB44,659,2219
59.25
(3) (f) 2. For all court imposed fines and forfeitures required by law to be
20deposited in the state treasury, the amounts required by s. 757.05 for the penalty
21assessment surcharge, the amounts required by s. 165.755 for the crime laboratories
22and drug law enforcement assessment, the amounts required by s. 167.31 (5) for the
23weapons assessment, the amounts required by s. 973.045 for the crime victim and
24witness assistance surcharge, the amounts required by s. 938.34 (8d) for the
25delinquency victim and witness assistance surcharge, the amounts required by s.
1973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by
2s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts
3required by s. 100.261 for the consumer protection assessment, the amounts
4authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse
5assessment, the amounts required by s. 253.06 (4) (c) for the enforcement assessment
6under the supplemental food program for women, infants and children, the amounts
7required by s. 349.04 for the truck driver education assessment, the amounts
8required by ss. 346.177, 346.495 and 346.65 (4r) for the railroad crossing
9improvement assessment, the amounts required by s. 346.655 (2) (a) and (b) for the
10driver improvement surcharge, the amounts required by s. 102.85 (4) for the
11uninsured employer assessment, the amounts required by s. 299.93 for the
12environmental assessment, the amounts required by s. 29.983 for the wild animal
13protection assessment, the amounts required by ss. 29.987 and 169.46 (1) for the
14natural resources assessment surcharge, the amounts required by s. 29.985 for the
15fishing shelter removal assessment, the amounts required by s. 350.115 for the
16snowmobile registration restitution payment, and the amounts required by ss.
1729.989 and 169.46 (2) for natural resources restitution payments, transmit to the
18state treasurer secretary of administration a statement of all moneys required by law
19to be paid on the actions entered during the preceding month on or before the first
20day of the next succeeding month, certified by the county treasurer's personal
21signature affixed or attached thereto, and at the same time pay to the
state treasurer 22secretary of administration the amount thereof.
SB44, s. 1519
23Section
1519. 59.25 (3) (k) of the statutes is amended to read:
SB44,660,3
159.25
(3) (k) Forward 40% of the state forfeitures, fines
, and penalties under
2ch. 348 to the
state treasurer secretary of administration for deposit in the
3transportation fund under s. 25.40 (1) (ig).
SB44, s. 1520
4Section
1520. 59.25 (3) (L) of the statutes is amended to read:
SB44,660,75
59.25
(3) (L) Forward all money received under s. 66.0114 (3) (c) to the
state
6treasurer secretary of administration for deposit in the transportation fund under
7s. 25.40 (1) (ig).
SB44, s. 1521
8Section
1521. 59.25 (3) (m) of the statutes is amended to read:
SB44,660,119
59.25
(3) (m) Forward 50% of the fees received under s. 351.07 (1g) to the
state
10treasurer secretary of administration for deposit in the transportation fund under
11s. 25.40 (1) (im).
SB44, s. 1522
12Section
1522. 59.25 (3) (p) of the statutes is amended to read:
SB44,660,1713
59.25
(3) (p) Pay to the
state treasurer secretary of administration on his or her
14order the state percentage of fees received from the clerk of the circuit court under
15s. 59.40 (2) (m) and if any such moneys remain in his or her hands when he or she
16is required to pay the state percentage of fees, pay such moneys therewith to the
state
17treasurer secretary of administration.
SB44, s. 1523
18Section
1523. 59.26 (8) (a) of the statutes is amended to read:
SB44,661,2319
59.26
(8) (a) In any county with a population of less than 500,000, the board,
20by ordinance, may fix the number of deputy sheriffs to be appointed in that county
21at not less than that number required by sub. (1) (a) and (b) and may set the salary
22of those deputies. The board may provide by ordinance that deputy sheriff positions
23be filled by appointment by the sheriff from a list of all persons with the 3 highest
24scores for each position based on a competitive examination. Such competitive
25examinations may be by a county civil service commission or by the division of merit
1recruitment and selection in the department of
employment relations 2administration at the option of the board and it shall so provide by ordinance. The
3division of merit recruitment and selection in the department of
employment
4relations administration shall, upon request of the board, conduct such examination
5according to the methods used in examinations for the state civil service and shall
6certify an eligible list of the names of all persons with the 3 highest scores on that
7examination for each position to the sheriff of that county who shall make an
8appointment from that list to fill the position within 10 days after he or she receives
9the eligible list. The county for which such examination is conducted shall pay the
10cost of that examination. If a civil service commission is decided upon for the
11selection of deputy sheriffs, then ss. 63.01 to 63.17 shall apply so far as consistent
12with this subsection, except ss. 63.03, 63.04 and 63.15 and except the provision
13governing minimum compensation of the commissioners. The ordinance or an
14amending ordinance may provide for employee grievance procedures and
15disciplinary actions, for hours of work, for tours of duty according to seniority and for
16other administrative regulations. Any board provision consistent with this
17paragraph and existing on July 25, 1951, is validated. If the sheriff fills a deputy
18sheriff position by promotion, the sheriff shall make the appointment to the position
19from a list of 3 deputy sheriffs who receive the highest scores in a competitive
20examination. Such competitive examinations may be by a county civil service
21commission or by the division of merit recruitment and selection in the department
22of
employment relations administration at the option of the board and it shall so
23provide by ordinance.
SB44, s. 1524
24Section
1524. 59.40 (2) (m) of the statutes is amended to read:
SB44,663,4
159.40
(2) (m) Pay monthly to the
treasurer secretary of administration for the
2use of the state the state's percentage of the fees required to be paid on each civil
3action, criminal action
, and special proceeding filed during the preceding month and
4pay monthly to the
treasurer secretary of administration for the use of the state the
5percentage of court imposed fines and forfeitures required by law to be deposited in
6the state treasury, the amounts required by s. 757.05 for the penalty assessment
7surcharge, the amounts required by s. 165.755 for the crime laboratories and drug
8law enforcement assessment, the amounts required by s. 167.31 (5) for the weapons
9assessment, the amounts required by s. 973.045 for the crime victim and witness
10assistance surcharge, the amounts required by s. 938.34 (8d) for the delinquency
11victim and witness assistance surcharge, the amounts required by s. 973.046 for the
12deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for
13the drug abuse program improvement surcharge, the amounts required by s. 100.261
14for the consumer protection assessment, the amounts authorized by s. 971.37 (1m)
15(c) 1. or required by s. 973.055 for the domestic abuse assessment surcharge, the
16amounts required by s. 253.06 (4) (c) for the enforcement assessment under the
17supplemental food program for women, infants
, and children, the amounts required
18by s. 349.04 for the truck driver education assessment, the amounts required by ss.
19346.177, 346.495
, and 346.65 (4r) for the railroad crossing improvement assessment,
20the amounts required by s. 346.655 for the driver improvement surcharge, the
21amounts required by s. 102.85 (4) for the uninsured employer assessment, the
22amounts required by s. 299.93 for the environmental assessment, the amounts
23required under s. 29.983 for the wild animal protection assessment, the amounts
24required under ss. 29.987 (1) (d) and 169.46 (1) (d) for the natural resources
25assessment surcharge, the amounts required by s. 29.985 for the fishing shelter
1removal assessment, the amounts required by s. 350.115 for the snowmobile
2registration restitution payment, and the amounts required under ss. 29.989 (1) (d)
3and 169.46 (2) (d) for the natural resources restitution payments. The payments
4shall be made by the 15th day of the month following receipt thereof.
SB44, s. 1525
5Section
1525. 59.53 (5) (a) of the statutes is amended to read:
SB44,663,206
59.53
(5) (a) The board shall contract with the department of workforce
7development to implement and administer the child and spousal support and
8establishment of paternity and the medical support liability programs provided for
9by Title IV of the federal social security act. The board may designate by board
10resolution any office, officer, board, department
, or agency, except the clerk of circuit
11court, as the county child support agency. The board or county child support agency
12shall implement and administer the programs in accordance with the contract with
13the department of workforce development. The attorneys responsible for support
14enforcement under sub. (6) (a), circuit court commissioners
, and all other county
15officials shall cooperate with the county and the department of workforce
16development as necessary to provide the services required under the programs. The
17county shall charge the fee established by the department of workforce development
18under s. 49.22 for services provided under this paragraph to persons not receiving
19a stipend under s. 49.147 (3m) (g), benefits
or wages under s. 49.148 or 49.155
, or
20assistance under s. 46.261, 49.19
, or 49.47.
SB44, s. 1526
21Section
1526. 59.53 (24) of the statutes is created to read:
SB44,663,2422
59.53
(24) County payments made under Medical Assistance. The board shall,
23upon demand by the department of health and family services, authorize payment
24to that department not to exceed any of the following:
SB44,664,6
1(a)
Home and community based services. For services provided under ss. 46.275
2and 46.278 beginning in 2001 and thereafter, any payment made under s. 20.435 (4)
3(hm), and the portion of the payment made under s. 20.435 (4) (o) for Medical
4Assistance Program benefits administered under ss. 46.275 and 46.278 that is
5related to any rates increased for services under s. 46.275 or 46.278 beginning in
62001.
SB44,664,137
(b)
Alcohol and other drug and mental health prevention and treatment
8services. For alcohol and other drug and mental health prevention and treatment
9services provided under s. 49.46 (2) (a) 1., 2., and 4. d. and e. and (b) 6. b., c., d., f.,
10fm., j., k., L., and m., 9., 12., 12m., 13., 15., and 16. beginning in 2003 and thereafter,
11any payment made under s. 20.435 (4) (hm), and the portion of the payment made
12under s. 20.435 (4) (o) as Medical Assistance Program benefits for the services that
13is related to any rates increased for these services beginning in 2003.
SB44, s. 1527
14Section
1527. 59.54 (12) of the statutes is amended to read:
SB44,664,1715
59.54
(12) County-tribal law enforcement programs. Pursuant to adoption
16of a resolution, a board may enter into an agreement and seek funding under s.
17165.90 16.964 (7).
SB44, s. 1528
18Section
1528. 60.24 (3) (L) of the statutes is amended to read:
SB44,664,2119
60.24
(3) (L) If authorized by the town board, represent the interests of the
20town in connection with appearances before the
state
office of the commissioner of 21tax appeals
commission under s. 70.64 (5).
SB44, s. 1529
22Section
1529. 63.10 (2) of the statutes is amended to read:
SB44,665,923
63.10
(2) The commission shall appoint a time and place for the hearing of said
24charges, the time to be within 3 weeks after the filing of the same, and notify the
25person possessing the appointing power and the accused of the time and place of such
1hearing. At the termination of the hearing the commission shall determine whether
2or not the charge is well founded and shall take such action by way of suspension,
3demotion, discharge or reinstatement, as it may deem requisite and proper under the
4circumstances and as its rules may provide. The decision of the commission shall be
5final. Neither the person possessing the appointing power nor the accused shall have
6the right to be represented by counsel at said hearing, but the commission may in its
7discretion permit the accused to be represented by counsel and may request the
8presence of
an assistant a district attorney to act with the commission in an advisory
9capacity.
SB44, s. 1530
10Section
1530. 66.0114 (1) (bm) of the statutes is amended to read:
SB44,666,411
66.0114
(1) (bm) The official receiving the penalties shall remit all moneys
12collected to the treasurer of the city, village, town sanitary district, or public inland
13lake protection and rehabilitation district in whose behalf the sum was paid, except
14that all jail assessments shall be remitted to the county treasurer, within 20 days
15after its receipt by the official. If timely remittance is not made, the treasurer may
16collect the payment of the officer by action, in the name of the office, and upon the
17official bond of the officer, with interest at the rate of 12% per year from the date on
18which it was due. In the case of the penalty assessment imposed by s. 757.05, the
19crime laboratories and drug law enforcement assessment imposed by s. 165.755, the
20driver improvement surcharge imposed by s. 346.655 (1), the truck driver education
21assessment imposed by s. 349.04, any applicable consumer protection assessment
22imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s.
23973.055 (1), the treasurer of the city, village, town sanitary district, or public inland
24lake protection and rehabilitation district shall remit to the
state treasurer secretary
25of administration the amount required by law to be paid on the actions entered
1during the preceding month on or before the first day of the next succeeding month.
2The governing body of the city, village, town sanitary district, or public inland lake
3protection and rehabilitation district shall by ordinance designate the official to
4receive the penalties and the terms under which the official qualifies.
SB44, s. 1531
5Section
1531. 66.0114 (3) (c) of the statutes is amended to read:
SB44,666,126
66.0114
(3) (c) The entire amount in excess of $150 of any forfeiture imposed
7for the violation of any traffic regulation in conformity with ch. 348 shall be
8transmitted to the county treasurer if the violation occurred on an interstate
9highway, a state trunk highway
, or a highway over which the local highway authority
10does not have primary maintenance responsibility. The county treasurer shall then
11make payment to the
state treasurer secretary of administration as provided in s.
1259.25 (3) (L).
SB44, s. 1532
13Section
1532. 66.0517 (3) (b) 1. of the statutes is amended to read:
SB44,667,814
66.0517
(3) (b) 1. Except as provided in sub. (2) (b), a weed commissioner shall
15receive compensation for the destruction of noxious weeds as determined by the town
16board, village board
, or city council upon presenting to the proper treasurer the
17account for noxious weed destruction, verified by oath and approved by the
18appointing officer. The account shall specify by separate items the amount
19chargeable to each piece of land, describing the land, and shall, after being paid by
20the treasurer, be filed with the town, village
, or city clerk. The clerk shall enter the
21amount chargeable to each tract of land in the next tax roll in a column headed "For
22the Destruction of Weeds", as a tax on the lands upon which the weeds were
23destroyed. The tax shall be collected under ch. 74, except in case of lands which are
24exempt from taxation, railroad lands
, or other lands for which taxes are not collected
25under ch. 74. A delinquent tax may be collected as is a delinquent real property tax
1under chs. 74 and 75 or as is a delinquent personal property tax under ch. 74. In case
2of railroad lands or other lands for which taxes are not collected under ch. 74, the
3amount chargeable against these lands shall be certified by the town, village
, or city
4clerk to the
state treasurer secretary of administration who shall add the amount
5designated to the sum due from the company owning, occupying
, or controlling the
6lands specified. The
state treasurer secretary of administration shall collect the
7amount chargeable as prescribed in subch. I of ch. 76 and return the amount collected
8to the town, city
, or village from which the certification was received.
SB44, s. 1533
9Section
1533. 66.0801 (2) of the statutes is amended to read:
SB44,667,1210
66.0801
(2) Sections 66.0803 to 66.0825 do not deprive the
office of the
11commissioner of railroads, department of transportation or public service
12commission of any power under ss.
195.05 and 197.01 to 197.10 and ch. 196.
SB44, s. 1534
13Section
1534. 69.14 (1) (cm) of the statutes is amended to read:
SB44,668,314
69.14
(1) (cm)
Information concerning paternity. For a birth which occurs en
15route to or at a hospital, the filing party shall give the mother a copy of the pamphlet
16under s. 69.03 (14). If the child's parents are not married at the time of the child's
17birth, the filing party shall give the mother a copy of the form prescribed by the state
18registrar under s. 69.15 (3) (b) 3. The filing party shall ensure that trained,
19designated hospital staff provide to the child's available parents oral information or
20an audio or video presentation and written information about the form and the
21significance and benefits of, and alternatives to, establishing paternity, before the
22parents sign the form. The filing party shall also provide an opportunity to complete
23the form and have the form notarized in the hospital. If the mother provides a
24completed form to the filing party while she is a patient in the hospital and within
255 days after the birth, the filing party shall send the form directly to the state
1registrar.
From the appropriation under s. 20.445 (3) (dz), the The department of
2workforce development shall pay the filing party a financial incentive for correctly
3filing a form within 60 days after the child's birth.
SB44, s. 1535
4Section
1535. 69.22 (1) (c) of the statutes is amended to read:
SB44,668,95
69.22
(1) (c) Twelve dollars for issuing an uncertified copy of a birth certificate
6or a certified copy of a birth certificate, $7 of which shall be forwarded to the
state
7treasurer secretary of administration as provided in sub. (1m) and credited to the
8appropriations under s. 20.433 (1) (g) and (h); and $3 for issuing any additional
9certified or uncertified copy of the same birth certificate issued at the same time.
SB44, s. 1536
10Section
1536. 69.22 (1m) of the statutes is amended to read:
SB44,668,1611
69.22
(1m) The state registrar and any local registrar acting under this
12subchapter shall, for each copy of a birth certificate for which a fee under sub. (1) (c)
13is charged that is issued during a calendar quarter, forward to the
state treasurer 14secretary of administration for deposit in the appropriations under s. 20.433 (1) (g)
15and (h) the amounts specified in sub. (1) (c) by the 15th day of the first month
16following the end of the calendar quarter.
SB44, s. 1537
17Section
1537. 70.36 (3) of the statutes is amended to read:
SB44,668,2118
70.36
(3) The word assessor whenever used in ss. 70.35 and 70.36 shall, in 1st
19class cities, be deemed to refer also to the commissioner of assessments of any such
20city
and, where applicable, shall be deemed also to refer to the department of revenue
21responsible for the manufacturing property assessment under s. 70.995.
SB44, s. 1538
22Section
1538. 70.38 (4) of the statutes is amended to read:
SB44,669,823
70.38
(4) Appeals. (a) Any person feeling aggrieved by the assessment notice
24shall, within 60 days after the receipt of the notice, file with the department a
25petition for redetermination setting forth the person's objections to the assessment.
1The person may request an informal conference with representatives of the
2department prior to September 15. The request shall be indicated in the petition.
3The secretary shall act on the petition on or before October 1. On or before November
41, the person shall pay the amount determined by the secretary pursuant to the
5secretary's action on the petition. If the person is aggrieved by the secretary's denial
6of the petition the person may appeal to the
office of the commissioner of tax appeals
7commission if the appeal is filed with the
commission office of the commissioner on
8or before December 1.
SB44,669,109
(b) Determinations of the
office of the commissioner of tax appeals
commission 10shall be subject to judicial review under ch. 227.
SB44, s. 1539
11Section
1539. 70.385 of the statutes is amended to read:
SB44,669,14
1270.385 Collection of the tax. All taxes as evidenced by the report under s.
1370.38 (1) are due and payable to the department on or before June 15, and shall be
14deposited by the department with the
state treasurer
secretary of administration.
SB44, s. 1540
15Section
1540. 70.39 (2) of the statutes is amended to read:
SB44,669,2016
70.39
(2) Any part of an assessment which is contested before the
office of the
17commissioner of tax appeals
commission or the courts, which after hearing shall be
18ordered to be paid, shall be considered as a delinquent tax if unpaid on the 10th day
19following the date of the final order and shall be subject to the penalty and interest
20provisions under sub. (1).
SB44, s. 1541
21Section
1541. 70.39 (4) (b) of the statutes is amended to read:
SB44,670,422
70.39
(4) (b) The clerk of circuit court shall enter the warrant as a delinquent
23income or franchise tax warrant as required under s. 806.11. The clerk of circuit
24court shall accept, file
, and enter the warrant without prepayment of any fee, but
25shall submit a statement of the proper fees within 30 days to the department of
1revenue.
The fees shall be paid by the state treasurer upon Upon audit by the
2department of administration on the certificate of the secretary of revenue
, the
3secretary of administration shall pay the fees and
the fees shall be charged to the
4proper appropriation for the department of revenue.
SB44, s. 1542
5Section
1542. 70.397 (3) (c) of the statutes is amended to read:
SB44,670,146
70.397
(3) (c) Any person feeling aggrieved by an assessment notice under this
7section may, within 60 days after receipt of the notice, file with the department a
8petition for redetermination setting forth the person's objections to the assessment.
9In the petition, the person may request an informal conference with representatives
10of the department. The secretary of revenue shall act on the petition within 90 days
11after receipt of the petition for redetermination. If the person is aggrieved by the
12secretary's denial of the petition, the person may appeal to the
office of the
13commissioner of tax appeals
commission if the appeal is filed with the
commission 14office of the commissioner within 30 days after the petition is denied.
SB44, s. 1543
15Section
1543. 70.44 (1) of the statutes is amended to read:
SB44,670,2416
70.44
(1) Real or personal property omitted from assessment in any of the 2
17next previous years, unless previously reassessed for the same year or years, shall
18be entered once additionally for each previous year of such omission, designating
19each such additional entry as omitted for the year of omission and affixing a just
20valuation to each entry for a former year as the same should then have been assessed
21according to the assessor's best judgment, and taxes shall be apportioned, using the
22net tax rate as provided in s. 70.43, and collected on the tax roll for such entry. This
23section shall not apply to manufacturing property
assessed by the department of
24revenue under s. 70.995.
SB44, s. 1544
25Section
1544. 70.511 (2) (c) of the statutes is amended to read:
SB44,671,4
170.511
(2) (c) If the reviewing authority increases the value of the property in
2question, the increase in value shall in the case of manufacturing property assessed
3by the department of revenue under s. 70.995 be assessed as omitted property as
4prescribed under s. 70.995 (12). In the case of all other property s. 70.44 shall apply.
SB44, s. 1545
5Section
1545. 70.57 (2) of the statutes is amended to read:
SB44,671,106
70.57
(2) If the state board of assessors, the
office of the commissioner of tax
7appeals
commission or a court makes a final redetermination on the assessment of
8property subject to taxation under s. 70.995 that is higher or lower than the previous
9assessment, the department of revenue shall recertify the equalized value of the
10school district in which the property subject to taxation under s. 70.995 is located.
SB44, s. 1546
11Section
1546. 70.64 (1) of the statutes is amended to read:
SB44,672,212
70.64
(1) By the office of the commissioner of tax appeals commission. The
13assessment and determination of the relative value of taxable general property in
14any county or taxation district, made by the department of revenue under s. 70.57,
15may be reviewed, and a redetermination of the value of such property may be made
16by the
office of the commissioner of tax appeals
commission, upon appeal by the
17county or taxation district. The filing of such appeal in the manner provided in this
18section by any county or taxation district shall impose upon the
commission office of
19the commissioner of tax appeals the duty, under the powers conferred upon it by s.
2073.01 (4) (a), to review the assessment complained of. If, in its judgment based upon
21the testimony, evidence and record made on the preliminary hearing of such appeal,
22the
commission office of the commissioner of tax appeals finds such assessment to
23be unequal and discriminatory, it shall determine to correct such assessment to bring
24it into substantial compliance with law. Except as provided in this section, the appeal
25shall be taken and such review and redetermination shall be made as provided in ss.
173.01 and 73.015 and under the rules governing the procedure of the
commission 2office of the commissioner of tax appeals.
SB44, s. 1547
3Section
1547. 70.64 (3) (intro.) of the statutes is amended to read:
SB44,672,64
70.64
(3) Form of appeal. (intro.) To accomplish an appeal there shall be filed
5with the
office of the commissioner of tax appeals
commission on or before October
615 an appeal in writing setting forth:
SB44, s. 1548
7Section
1548. 70.64 (3) (a) of the statutes is amended to read:
SB44,672,108
70.64
(3) (a) That the county or taxation district, naming the same, appeals to
9the
office of the commissioner of tax appeals
commission from the assessment made
10by the department of revenue under s. 70.57, specifying the date of such assessment.
SB44, s. 1549
11Section
1549. 70.64 (4) of the statutes is amended to read:
SB44,672,1912
70.64
(4) Certified copies. Upon the filing of such appeal, the clerk of the
13county or taxation district, without delay, shall prepare certified copies of it, together
14with certified copies of the value established by the department of revenue from
15which the appeal is taken and a complete list showing the clerk of each taxation
16district within the county and the post-office address of each. The clerk shall mail
17by certified mail 4 sets of certified copies to the
office of the commissioner of tax
18appeals
commission and one set of the copies to the department of revenue, the
19county clerk and the clerk of each taxation district within the county.