SB44: Bill Text

SB44,660,3 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, s. 1520 Section 1520. 59.25 (3) (L) of the statutes is amended to read:

SB44,660,7 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, s. 1521 Section 1521. 59.25 (3) (m) of the statutes is amended to read:

SB44,660,11 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, s. 1522 Section 1522. 59.25 (3) (p) of the statutes is amended to read:

SB44,660,17 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, s. 1523 Section 1523. 59.26 (8) (a) of the statutes is amended to read:

SB44,661,23 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 administration 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 administration 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 administration at the option of the board and it shall so provide by ordinance.

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

SB44,663,4 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, s. 1525 Section 1525. 59.53 (5) (a) of the statutes is amended to read:

SB44,663,20 59.53 (5) (a) The board shall contract with the department of workforce development to implement and administer the child and spousal support and establishment of paternity and the medical support liability programs provided for by Title IV of the federal social security act. The board may designate by board resolution any office, officer, board, department, or agency, except the clerk of circuit court, as the county child support agency. The board or county child support agency shall implement and administer the programs in accordance with the contract with the department of workforce development. The attorneys responsible for support enforcement under sub. (6) (a), circuit court commissioners, and all other county officials shall cooperate with the county and the department of workforce development as necessary to provide the services required under the programs. The county shall charge the fee established by the department of workforce development under s. 49.22 for services provided under this paragraph to persons not receiving a stipend under s. 49.147 (3m) (g), benefits or wages under s. 49.148 or 49.155, or assistance under s. 46.261, 49.19, or 49.47.

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

SB44,663,24 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:

SB44,664,6 (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.

SB44,664,13 (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, s. 1527 Section 1527. 59.54 (12) of the statutes is amended to read:

SB44,664,17 59.54 (12) County-tribal law enforcement programs. Pursuant to adoption of a resolution, a board may enter into an agreement and seek funding under s. 165.90 16.964 (7).

SB44, s. 1528 Section 1528. 60.24 (3) (L) of the statutes is amended to read:

SB44,664,21 60.24 (3) (L) If authorized by the town board, represent the interests of the town in connection with appearances before the state office of the commissioner of tax appeals commission under s. 70.64 (5).

SB44, s. 1529 Section 1529. 63.10 (2) of the statutes is amended to read:

SB44,665,9 63.10 (2) The commission shall appoint a time and place for the hearing of said charges, the time to be within 3 weeks after the filing of the same, and notify the person possessing the appointing power and the accused of the time and place of such hearing. At the termination of the hearing the commission shall determine whether or not the charge is well founded and shall take such action by way of suspension, demotion, discharge or reinstatement, as it may deem requisite and proper under the circumstances and as its rules may provide. The decision of the commission shall be final. Neither the person possessing the appointing power nor the accused shall have the right to be represented by counsel at said hearing, but the commission may in its discretion permit the accused to be represented by counsel and may request the presence of an assistant a district attorney to act with the commission in an advisory capacity.

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

SB44,666,4 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, s. 1531 Section 1531. 66.0114 (3) (c) of the statutes is amended to read:

SB44,666,12 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, s. 1532 Section 1532. 66.0517 (3) (b) 1. of the statutes is amended to read:

SB44,667,8 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.

SB44, s. 1533 Section 1533. 66.0801 (2) of the statutes is amended to read:

SB44,667,12 66.0801 (2) Sections 66.0803 to 66.0825 do not deprive the office of the commissioner of railroads, department of transportation or public service commission of any power under ss. 195.05 and 197.01 to 197.10 and ch. 196.

SB44, s. 1534 Section 1534. 69.14 (1) (cm) of the statutes is amended to read:

SB44,668,3 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.

SB44, s. 1535 Section 1535. 69.22 (1) (c) of the statutes is amended to read:

SB44,668,9 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.

SB44, s. 1536 Section 1536. 69.22 (1m) of the statutes is amended to read:

SB44,668,16 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.

SB44, s. 1537 Section 1537. 70.36 (3) of the statutes is amended to read:

SB44,668,21 70.36 (3) The word assessor whenever used in ss. 70.35 and 70.36 shall, in 1st class cities, be deemed to refer also to the commissioner of assessments of any such city and, where applicable, shall be deemed also to refer to the department of revenue responsible for the manufacturing property assessment under s. 70.995.

SB44, s. 1538 Section 1538. 70.38 (4) of the statutes is amended to read:

SB44,669,8 70.38 (4) Appeals. (a) Any person feeling aggrieved by the assessment notice shall, within 60 days after the receipt of the notice, file with the department a petition for redetermination setting forth the person's objections to the assessment. The person may request an informal conference with representatives of the department prior to September 15. The request shall be indicated in the petition. The secretary shall act on the petition on or before October 1. On or before November 1, the person shall pay the amount determined by the secretary pursuant to the secretary's action on the petition. If the person is aggrieved by the secretary's denial of the petition the person may appeal to the office of the commissioner of tax appeals commission if the appeal is filed with the commission office of the commissioner on or before December 1.

SB44,669,10 (b) Determinations of the office of the commissioner of tax appeals commission shall be subject to judicial review under ch. 227.

SB44, s. 1539 Section 1539. 70.385 of the statutes is amended to read:

SB44,669,14 70.385 Collection of the tax. All taxes as evidenced by the report under s. 70.38 (1) are due and payable to the department on or before June 15, and shall be deposited by the department with the state treasurer secretary of administration.

SB44, s. 1540 Section 1540. 70.39 (2) of the statutes is amended to read:

SB44,669,20 70.39 (2) Any part of an assessment which is contested before the office of the commissioner of tax appeals commission or the courts, which after hearing shall be ordered to be paid, shall be considered as a delinquent tax if unpaid on the 10th day following the date of the final order and shall be subject to the penalty and interest provisions under sub. (1).

SB44, s. 1541 Section 1541. 70.39 (4) (b) of the statutes is amended to read:

SB44,670,4 70.39 (4) (b) The clerk of circuit court shall enter the warrant as a delinquent income or franchise tax warrant as required under s. 806.11. The clerk of circuit court shall accept, file, and enter the warrant without prepayment of any fee, but shall submit a statement of the proper fees within 30 days to the department of revenue. The fees shall be paid by the state treasurer upon Upon audit by the department of administration on the certificate of the secretary of revenue, the secretary of administration shall pay the fees and the fees shall be charged to the proper appropriation for the department of revenue.

SB44, s. 1542 Section 1542. 70.397 (3) (c) of the statutes is amended to read:

SB44,670,14 70.397 (3) (c) Any person feeling aggrieved by an assessment notice under this section may, within 60 days after receipt of the notice, file with the department a petition for redetermination setting forth the person's objections to the assessment. In the petition, the person may request an informal conference with representatives of the department. The secretary of revenue shall act on the petition within 90 days after receipt of the petition for redetermination. If the person is aggrieved by the secretary's denial of the petition, the person may appeal to the office of the commissioner of tax appeals commission if the appeal is filed with the commission office of the commissioner within 30 days after the petition is denied.

SB44, s. 1543 Section 1543. 70.44 (1) of the statutes is amended to read:

SB44,670,24 70.44 (1) Real or personal property omitted from assessment in any of the 2 next previous years, unless previously reassessed for the same year or years, shall be entered once additionally for each previous year of such omission, designating each such additional entry as omitted for the year of omission and affixing a just valuation to each entry for a former year as the same should then have been assessed according to the assessor's best judgment, and taxes shall be apportioned, using the net tax rate as provided in s. 70.43, and collected on the tax roll for such entry. This section shall not apply to manufacturing property assessed by the department of revenue under s. 70.995.

SB44, s. 1544 Section 1544. 70.511 (2) (c) of the statutes is amended to read:

SB44,671,4 70.511 (2) (c) If the reviewing authority increases the value of the property in question, the increase in value shall in the case of manufacturing property assessed by the department of revenue under s. 70.995 be assessed as omitted property as prescribed under s. 70.995 (12). In the case of all other property s. 70.44 shall apply.

SB44, s. 1545 Section 1545. 70.57 (2) of the statutes is amended to read:

SB44,671,10 70.57 (2) If the state board of assessors, the office of the commissioner of tax appeals commission or a court makes a final redetermination on the assessment of property subject to taxation under s. 70.995 that is higher or lower than the previous assessment, the department of revenue shall recertify the equalized value of the school district in which the property subject to taxation under s. 70.995 is located.

SB44, s. 1546 Section 1546. 70.64 (1) of the statutes is amended to read:

SB44,672,2 70.64 (1) By the office of the commissioner of tax appeals commission. The assessment and determination of the relative value of taxable general property in any county or taxation district, made by the department of revenue under s. 70.57, may be reviewed, and a redetermination of the value of such property may be made by the office of the commissioner of tax appeals commission, upon appeal by the county or taxation district. The filing of such appeal in the manner provided in this section by any county or taxation district shall impose upon the commission office of the commissioner of tax appeals the duty, under the powers conferred upon it by s. 73.01 (4) (a), to review the assessment complained of. If, in its judgment based upon the testimony, evidence and record made on the preliminary hearing of such appeal, the commission office of the commissioner of tax appeals finds such assessment to be unequal and discriminatory, it shall determine to correct such assessment to bring it into substantial compliance with law. Except as provided in this section, the appeal shall be taken and such review and redetermination shall be made as provided in ss. 73.01 and 73.015 and under the rules governing the procedure of the commission office of the commissioner of tax appeals.

SB44, s. 1547 Section 1547. 70.64 (3) (intro.) of the statutes is amended to read:

SB44,672,6 70.64 (3) Form of appeal. (intro.) To accomplish an appeal there shall be filed with the office of the commissioner of tax appeals commission on or before October 15 an appeal in writing setting forth:

SB44, s. 1548 Section 1548. 70.64 (3) (a) of the statutes is amended to read:

SB44,672,10 70.64 (3) (a) That the county or taxation district, naming the same, appeals to the office of the commissioner of tax appeals commission from the assessment made by the department of revenue under s. 70.57, specifying the date of such assessment.

SB44, s. 1549 Section 1549. 70.64 (4) of the statutes is amended to read:

SB44,672,19 70.64 (4) Certified copies. Upon the filing of such appeal, the clerk of the county or taxation district, without delay, shall prepare certified copies of it, together with certified copies of the value established by the department of revenue from which the appeal is taken and a complete list showing the clerk of each taxation district within the county and the post-office address of each. The clerk shall mail by certified mail 4 sets of certified copies to the office of the commissioner of tax appeals commission and one set of the copies to the department of revenue, the county clerk and the clerk of each taxation district within the county.

SB44, s. 1550 Section 1550. 70.64 (5) of the statutes is amended to read:

SB44,673,16 70.64 (5) Appearance. Not later than 30 days after the clerk of the county or taxation district has mailed the certified copies, unless the time is extended by order of the office of the commissioner of tax appeals commission, any county, town, city or village may cause an appearance to be entered in its behalf before the commission office of the commissioner in support of the appeal and uniting with the appellant for the relief demanded; and by verified petition or statement showing grounds therefor may apply for other or further review and redetermination than that demanded in the appeal. Within the same time the county, town, city or village in the county may in the same manner have its appearance entered in opposition to the appeal and to the relief demanded. Such appearances shall be authorized in the manner for authorizing an appeal under sub. (2). When so authorized the interests of the county, town, city or village authorizing it shall be in the charge of the chairperson, mayor or president thereof unless otherwise directed by the body authorizing such appearance; and attorneys may be employed in that behalf. In such appearances any 2 or more of the towns, cities and villages of the county may join if united in support of or in opposition to the appeal. Four copies of each appearance, petition or statement mentioned in this subsection shall be filed in the offices of the office of the commissioner of tax appeals commission and a copy of each mailed by certified mail to the department of revenue, to the county clerk, and to the clerk of each town, city and village within the county, and a copy to the attorney authorized to appear on behalf of the county or any town, city or village within the county.

SB44, s. 1551 Section 1551. 70.64 (6) of the statutes is amended to read:

SB44,674,16 70.64 (6) Hearing. As soon as practicable, the commission office of the commissioner of tax appeals shall set a time and place for preliminary hearing of such appeal. At least 10 days before the time set for such hearing, the commission office of the commissioner of tax appeals shall cause notice thereof to be mailed by certified mail to the county clerk and to the attorney or the clerk of each town, city and village in whose behalf an appearance has been entered in the matter of such appeal, and to the clerk of each town, city or village which has not appeared, and mail a like notice to the clerk of the taxation district taking such appeal and to the department of revenue. The department of revenue shall be prepared to present to the commission office of the commissioner of tax appeals at such time during the course of the hearings as the commission office requires, the full value of all property subject to general property taxation in each town, village and city of the county, as determined by the department according to s. 70.57 (1) or in the case of a complaint by a taxation district under a county assessor such information as the department has in its possession. Said hearing may be adjourned, in the discretion of the office of the commissioner of tax appeals commission, as often and to such times and places as may be necessary in order to determine the facts. If satisfied that no substantial injustice has been done in the taxation district assessment appealed from, the commission office of the commissioner of tax appeals in its discretion may dismiss such appeal. If satisfied that substantial injustice has been done in the taxation district assessment, the commission office of the commissioner of tax appeals shall determine to revalue any or all of the taxation districts in the county, which it deems necessary, in a manner which in its judgment is best calculated to secure substantial justice.

SB44, s. 1552 Section 1552. 70.64 (7) of the statutes is amended to read:

SB44,675,11 70.64 (7) Redetermination. The commission office of the commissioner of tax appeals shall then proceed to redetermine the value of the taxable general property in such of the taxation districts in the county as it deems necessary. It may include in such redetermination other taxation districts than first determined upon and may include all of the taxation districts in said county, if at any time during the progress of its investigations or revaluations it is satisfied that such course is necessary in order to accomplish substantial justice and to secure relative equality as between all the taxation districts in such county. It shall make careful investigation of the value of taxable general property in the several taxation districts to which such review and redetermination shall extend, in any manner which in its judgment is best calculated to obtain the fair, full value of such property. The commission office of the commissioner of tax appeals may employ such experts and other assistants as may be necessary, and fix their compensation. In making such investigations the commission office of the commissioner of tax appeals and all persons employed therein by the commission office shall have all the authority possessed by assessors so far as applicable, including authority to administer oaths and to examine property owners and witnesses under oath as to the quantity and value of the property subject to assessment belonging to any person or within any taxation district to which the investigation shall extend.

SB44, s. 1553 Section 1553. 70.64 (8) of the statutes is amended to read:

SB44,675,22 70.64 (8) Hearing. The commission office of the commissioner of tax appeals may at any time before its final determination appoint a time and place at which it will hear evidence and arguments relevant to the matters under consideration upon such appeal. The time to be devoted to such hearings may be limited as the commission office of the commissioner of tax appeals directs. At least 10 days before the time fixed for such hearings, the commission office of the commissioner of tax appeals shall cause notice thereof to be mailed by certified mail to the county clerk and to the attorney or other representative of each town, city and village in whose behalf an appearance has been entered in the matter of such appeal, and a like copy to the department of revenue.

SB44, s. 1554 Section 1554. 70.64 (9) of the statutes is amended to read:

SB44,676,8 70.64 (9) Testimony. The office of the commissioner of tax appeals commission may take testimony. Witnesses summoned at the instance of said commission the office of the commissioner of tax appeals shall be compensated at the rates provided by law for witnesses in courts of record, the same to be audited and paid the same as other claims against the state, upon the certificate of said commission the office of the commissioner of tax appeals. If any property owner or other person makes any false statement to said commission the office of the commissioner of tax appeals or to any person employed by it upon any matter under investigation that person shall be subject to all the forfeitures and penalties imposed by law for false statements to assessors and boards of review.

SB44, s. 1555 Section 1555. 70.64 (10) of the statutes is amended to read:

SB44,676,22 70.64 (10) Determination. The office of the commissioner of tax appeals commission shall make its determination upon such appeal without unreasonable delay and shall file a copy thereof in the office of the county clerk and mail by certified mail a like copy to the department of revenue and to the clerk and attorney of the taxation district appealing, and a copy to the clerk and attorney of each taxation district having appeared. In such determination the commission office of the commissioner of tax appeals shall set forth the relative value of the taxable general property in each town, city and village of such county as found by them, and what sum, if any, shall be added to or deducted from the aggregate value of taxable property in each such taxation district as fixed in the determination of the department of revenue from which such appeal was taken in order to produce a relatively just and equitable taxation district assessment. Such determination shall be final.

SB44, s. 1556 Section 1556. 70.64 (11) of the statutes is amended to read:

SB44,677,18 70.64 (11) Computation. The determination of the commission office of the commissioner of tax appeals shall not affect the validity of taxes apportioned in accordance with the taxation district assessment from which such appeal was taken; but if it is determined upon such appeal that such taxation district assessment is relatively unequal, such inequality shall be remedied and compensated in the apportionment of state and county taxes in such county next following the determination of said commission the office of the commissioner of tax appeals in the following manner: Each town, city and village whose valuation in such taxation district assessment was determined by said commission the office of the commissioner of tax appeals to be relatively too high shall be credited a sum equal to the amount of taxes charged to it upon such unequal assessment in excess of the amount equitably chargeable thereto according to the determination of the commission office of the commissioner of tax appeals; and each town, city and village whose valuation in such taxation district assessment was determined by said commission the office of the commissioner of tax appeals to be relatively too low shall be charged, in addition to all other taxes, a sum equal to the difference between the amount charged thereto upon such unequal assessment and the amount which should have been charged thereto according to the determination of the commission office of the commissioner of tax appeals. The department of revenue shall aid the county clerk in making proper computations.

SB44, s. 1557 Section 1557. 70.64 (12) of the statutes is amended to read:

SB44,678,19 70.64 (12) Expenses. The office of the commissioner of tax appeals commission shall transmit to the county clerk with its determination on such appeal a statement of all expenses incurred therein by or at the instance of the commission office of the commissioner of tax appeals, which shall include the actual expenses of the commission office of the commissioner of tax appeals and regular employees of the commission office, the compensation and actual expenses of all other persons employed by it and the fees of officers employed and witnesses summoned at its instance. A duplicate of such statement shall be filed in the office of the department of administration. Such expenses shall be audited upon the certificate of the commission office of the commissioner of tax appeals, and paid out of the state treasury, in the first instance, as other claims against the state are audited and paid. The amount of such expenses shall be a special charge against such county and shall be included in the next apportionment and certification of state taxes and charges, and collected from such county, as other special charges are certified and collected. Unless otherwise directed by the commission office of the commissioner of tax appeals in its determination upon such appeal, the county clerk, in the next apportionment of state and county taxes, shall apportion the amount of such special charges to and among the towns, cities and villages in such county whose relative valuations were increased in the determination of the commission office of the commissioner of tax appeals in proportion to the amount of such increase in each of them respectively. The apportionment of such expenses shall be set forth in the determination of the commission office of the commissioner of tax appeals. The amount so apportioned to each such town, city and village shall be charged upon its tax roll and shall be collected and paid over to the county treasurer as other state taxes and special charges are collected and paid.

SB44, s. 1558 Section 1558. 70.99 (3) (a) of the statutes is amended to read:

SB44,679,4 70.99 (3) (a) The state department of employment relations administration shall recommend a reasonable salary range for the county assessor for each county based upon pay for comparable work or qualifications in that county. If, by contractual agreement under s. 66.0301, 2 or more counties join to employ one county assessor with the approval of the secretary of revenue, the department of employment relations administration shall recommend a reasonable salary range for the county assessor under the agreement. The department of revenue shall assist the county in establishing the budget for the county assessor's offices, including the number of personnel and their qualifications, based on the anticipated workload.

SB44, s. 1559 Section 1559. 70.995 (title) of the statutes is amended to read:

SB44,679,6 70.995 (title) State assessment Assessment of manufacturing property.

SB44, s. 1560 Section 1560. 70.995 (4) of the statutes is amended to read:

SB44,680,4 70.995 (4) Whenever real property or tangible personal property is used for one, or some combination, of the processes mentioned in sub. (3) and also for other purposes, the The department of revenue, if satisfied that there is substantial use in one or some combination of such processes, may assess the shall establish standards and procedures for the assessment of property under this section. For all purposes of this section the department of revenue shall have sole discretion for the determination of what is substantial use and what description of real property or what unit of tangible personal property shall constitute "the property" to be included for assessment purposes, and, in connection herewith, the department may include in a real property unit, real property owned by different persons. Vacant property designed for use in manufacturing, assembling, processing, fabricating, making or milling tangible property for profit may be assessed under this section or under s. 70.32 (1), and the period of vacancy may not be the sole ground for making that determination. In those specific instances where a portion of a description of real property includes manufacturing property rented or leased and operated by a separate person which does not satisfy the substantial use qualification for the entire property, the local assessor shall assess the entire real property description and all personal property not exempt under s. 70.11 (27). The applicable portions of the standard manufacturing property report form under sub. (12) as they relate to manufacturing machinery and equipment shall be submitted by such person and shall publish such standards and procedures in the property tax assessment manual provided under s. 73.03 (2a).

SB44, s. 1561 Section 1561. 70.995 (5) of the statutes is amended to read:

SB44,680,15 70.995 (5) The department of revenue taxation district assessor of the taxation district in which the property is located shall assess all property of manufacturing establishments included under subs. (1) and (2) as of the close of January 1 of each year, if on or before March 1 of that year the department has classified the property as manufacturing or the owner of the property has requested, in writing, that the department make such a classification and the department later does so. A change in ownership, location, or name of the manufacturing establishment does not necessitate a new request. In assessing lands from which metalliferous minerals are being extracted and valued for purposes of the tax under s. 70.375, the value of the metalliferous mineral content of such lands shall be excluded.

SB44, s. 1562 Section 1562. 70.995 (6) of the statutes is repealed.