2003 Wisconsin Act 33

33,1513 Section 1513. 55.06 (10) (a) of the statutes is renumbered 55.06 (10) (a) 1.

33,1514 Section 1514. 55.06 (10) (a) 2. of the statutes is created to read:

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.

33,1515 Section 1515. 55.06 (11) (c) of the statutes is amended to read:

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).

33,1516 Section 1516. 59.22 (2) (c) 2. of the statutes is amended to read:

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.

33,1517 Section 1517. 59.25 (3) (f) 1. of the statutes is amended to read:

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.

33,1518 Section 1518. 59.25 (3) (f) 2. of the statutes is amended to read:

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.

33,1519 Section 1519. 59.25 (3) (k) of the statutes is amended to read:

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).

33,1520 Section 1520. 59.25 (3) (L) of the statutes is amended to read:

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).

33,1521 Section 1521. 59.25 (3) (m) of the statutes is amended to read:

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).

33,1522 Section 1522. 59.25 (3) (p) of the statutes is amended to read:

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.

33,1523 Section 1523. 59.26 (8) (a) of the statutes is amended to read:

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.

33,1524 Section 1524. 59.40 (2) (m) of the statutes is amended to read:

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.

33,1524r Section 1524r. 59.52 (29) (c) of the statutes is created to read:

59.52 (29) (c) If a county enacts an ordinance or adopts a resolution that authorizes preferences or set-asides to minority businesses in the awarding of a public work contract under par. (a), the ordinance or resolution shall require that the minority business be certified by the department of commerce under s. 560.036 (2).

33,1526 Section 1526. 59.53 (24) of the statutes is created to read:

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:

(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.

(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.

33,1527g Section 1527g. 59.57 (1) (b) of the statutes is amended to read:

59.57 (1) (b) If a county with a population of 500,000 or more appropriates money under par. (a) to fund nonprofit agencies, the county shall have a goal of expending 20% of the money appropriated for this purpose to fund a nonprofit agency that is actively managed by minority group members, as defined in s. 560.036 (1) (f), a minority business certified by the department of commerce under s. 560.036 (2) and that principally serves minority group members.

33,1528g Section 1528g. 60.47 (7) of the statutes is created to read:

60.47 (7) Minority contracting. If a town board enacts an ordinance or adopts a resolution that authorizes preferences or set-asides to minority businesses in the awarding of a public work contract under subs. (2) and (3), the ordinance or resolution shall require that the minority business be certified by the department of commerce under s. 560.036 (2).

33,1528m Section 1528m. 61.55 of the statutes is renumbered 61.55 (1) and amended to read:

61.55 (1) All contracts for public construction, in any such village, exceeding $15,000, shall be let by the village board to the lowest responsible bidder in accordance with s. 66.0901 insofar as said that section may be is applicable. If the estimated cost of any public construction exceeds $5,000, but is not greater than $15,000, the village board shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed.

(2) This provision does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers, and this provision and s. 281.41 are not mandatory for the repair and reconstruction of public facilities when damage or threatened damage thereto creates an emergency, as determined by resolution of the village board, in which the public health or welfare of the village is endangered. Whenever the village board by majority vote at a regular or special meeting declares that an emergency no longer exists, this exemption no longer applies.

33,1528n Section 1528n. 61.55 (3) of the statutes is created to read:

61.55 (3) If a village board enacts an ordinance or adopts a resolution that authorizes preferences or set-asides to minority businesses in the awarding of a public work contract under sub. (1), the ordinance or resolution shall require that the minority business be certified by the department of commerce under s. 560.036 (2).

33,1528s Section 1528s. 62.15 (1) of the statutes is renumbered 62.15 (1) (a) and amended to read:

62.15 (1) (a) All public construction, the estimated cost of which exceeds $15,000, shall be let by contract to the lowest responsible bidder; all. All other public construction shall be let as the council may direct. If the estimated cost of any public construction exceeds $5,000 but is not greater than $15,000, the board of public works shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed.

(b) This provision does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers. The council may also by a vote of three-fourths of all the members-elect provide by ordinance that any class of public construction or any part thereof may be done directly by the city without submitting the same for bids.

33,1528t Section 1528t. 62.15 (1) (c) of the statutes is created to read:

62.15 (1) (c) If a council enacts an ordinance or adopts a resolution that authorizes preferences or set-asides to minority businesses in the awarding of a public work contract under par. (a), the ordinance or resolution shall require that the minority business be certified by the department of commerce under s. 560.036 (2).

33,1530 Section 1530. 66.0114 (1) (bm) of the statutes is amended to read:

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

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

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

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

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

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

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

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

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

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

1. A fire department.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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