Amendment ASA1-SB55

SB55-ASA1,671,13 66.0113 (1) (b) 7. d. That, if the alleged violator does not make a cash deposit and does not appear in court at the time specified, the court may issue a summons or a warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment under sub. (3) (d), or the municipality may commence an action against the alleged violator to collect the forfeiture, the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable consumer information protection assessment imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1).

SB55-ASA1, s. 1064 Section 1064. 66.0113 (1) (c) of the statutes is amended to read:

SB55-ASA1,671,23 66.0113 (1) (c) An ordinance adopted under par. (a) shall contain a schedule of cash deposits that are to be required for the various ordinance violations, and for the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable consumer information protection assessment imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1), for which a citation may be issued. The ordinance shall also specify the court, clerk of court or other official to whom cash deposits are to be made and shall require that receipts be given for cash deposits.

SB55-ASA1, s. 1065 Section 1065. 66.0113 (3) (a) of the statutes is amended to read:

SB55-ASA1,672,9 66.0113 (3) (a) The person named as the alleged violator in a citation may appear in court at the time specified in the citation or may mail or deliver personally a cash deposit in the amount, within the time and to the court, clerk of court or other official specified in the citation. If a person makes a cash deposit, the person may nevertheless appear in court at the time specified in the citation, but the cash deposit may be retained for application against any forfeiture, restitution, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, consumer information protection assessment, or domestic abuse assessment that may be imposed.

SB55-ASA1, s. 1066 Section 1066. 66.0113 (3) (b) of the statutes is amended to read:

SB55-ASA1,672,22 66.0113 (3) (b) If a person appears in court in response to a citation, the citation may be used as the initial pleading, unless the court directs that a formal complaint be made, and the appearance confers personal jurisdiction over the person. The person may plead guilty, no contest or not guilty. If the person pleads guilty or no contest, the court shall accept the plea, enter a judgment of guilty and impose a forfeiture, the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable consumer information protection assessment imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1). If the court finds that the violation meets the conditions in s. 800.093 (1), the court may order restitution under s. 800.093. A plea of not guilty shall put all matters in the case at issue, and the matter shall be set for trial.

SB55-ASA1, s. 1067 Section 1067. 66.0113 (3) (c) of the statutes is amended to read:

SB55-ASA1,674,3 66.0113 (3) (c) If the alleged violator makes a cash deposit and fails to appear in court, the citation may serve as the initial pleading and the violator shall be considered to have tendered a plea of no contest and submitted to a forfeiture, the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable consumer information protection assessment imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1) not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly or reject the plea. If the court finds the violation meets the conditions in s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under s. 800.093. If the court accepts the plea of no contest, the defendant may move within 10 days after the date set for the appearance to withdraw the plea of no contest, open the judgment, and enter a plea of not guilty if the defendant shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise , or excusable neglect. If the plea of no contest is accepted and not subsequently changed to a plea of not guilty, no costs or fees may be taxed against the violator, but a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment and, if applicable, a consumer information protection assessment or a domestic abuse assessment shall be assessed. If the court rejects the plea of no contest, an action for collection of the forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, any applicable consumer information protection assessment , and any applicable domestic abuse assessment may be commenced. A city, village, town sanitary district, or public inland lake protection and rehabilitation district may commence action under s. 66.0114 (1) and a county or town may commence action under s. 778.10. The citation may be used as the complaint in the action for the collection of the forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, any applicable consumer information protection assessment, and any applicable domestic abuse assessment.

SB55-ASA1, s. 1068 Section 1068. 66.0113 (3) (d) of the statutes is amended to read:

SB55-ASA1,675,5 66.0113 (3) (d) If the alleged violator does not make a cash deposit and fails to appear in court at the time specified in the citation, the court may issue a summons or warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment accordingly if service was completed as provided under par. (e) or the county, town, city, village, town sanitary district, or public inland lake protection and rehabilitation district may commence an action for collection of the forfeiture, penalty assessment, jail assessment, and crime laboratories and drug law enforcement assessment, any applicable consumer information protection assessment, and any applicable domestic abuse assessment. A city, village, town sanitary district, or public inland lake protection and rehabilitation district may commence action under s. 66.0114 (1) and a county or town may commence action under s. 778.10. The citation may be used as the complaint in the action for the collection of the forfeiture, penalty assessment, jail assessment, and crime laboratories and drug law enforcement assessment, any applicable consumer information protection assessment , and any applicable domestic abuse assessment. If the court considers the nonappearance to be a plea of no contest and enters judgment accordingly, the court shall promptly mail a copy or notice of the judgment to the defendant. The judgment shall allow the defendant not less than 20 days from the date of the judgment to pay any forfeiture, penalty assessment, jail assessment, and crime laboratories and drug law enforcement assessment, any applicable consumer information protection assessment, and any applicable domestic abuse assessment imposed. If the defendant moves to open the judgment within 6 months after the court appearance date fixed in the citation, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise, or excusable neglect, the court shall reopen the judgment, accept a not guilty plea and set a trial date.

SB55-ASA1, s. 1069 Section 1069. 66.0114 (1) (b) of the statutes is amended to read:

SB55-ASA1,675,20 66.0114 (1) (b) Local ordinances, except as provided in this paragraph or ss. 345.20 to 345.53, may contain a provision for stipulation of guilt or no contest of any or all violations under those ordinances, may designate the manner in which the stipulation is to be made and may fix the penalty to be paid. When a person charged with a violation for which stipulation of guilt or no contest is authorized makes a timely stipulation, pays the required penalty and pays the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable consumer information protection assessment imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1) to the designated official, the person need not appear in court and no witness fees or other additional costs may be taxed unless the local ordinance so provides. A court appearance is required for a violation of a local ordinance in conformity with s. 346.63 (1).

SB55-ASA1, s. 1070 Section 1070. 66.0114 (1) (bm) of the statutes is amended to read:

SB55-ASA1,676,15 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 information 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 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.

SB55-ASA1, s. 1071 Section 1071. 66.0114 (3) (b) of the statutes is amended to read:

SB55-ASA1,677,4 66.0114 (3) (b) All forfeitures and penalties recovered for the violation of an ordinance or bylaw of a city, village, town, town sanitary district , or public inland lake protection and rehabilitation district shall be paid into the city, village, town, town sanitary district, or public inland lake protection and rehabilitation district treasury for the use of the city, village, town, town sanitary district , or public inland lake protection and rehabilitation district, except as provided in par. (c), and sub. (1) (bm) and s. 757.05. The judge shall report and pay into the treasury, quarterly, or at more frequent intervals if required, all moneys collected belonging to the city, village, town, town sanitary district, or public inland lake protection and rehabilitation district. The report shall be certified and filed in the office of the treasurer. The judge is entitled to duplicate receipts, one of which he or she shall file with the city, village, or town clerk, or with the town sanitary district or the public inland lake protection and rehabilitation district.

SB55-ASA1, s. 2014m Section 2014m. 66.0137 (1) of the statutes is amended to read:

SB55-ASA1,677,9 66.0137 (1) Definition. In this section, "local governmental unit" means a city, village, town, county, school district (as enumerated in s. 67.01 (5)), sewerage district, drainage district and, without limitation because of enumeration, any other political subdivision of the state should be s. 345.05 (1) (c).

SB55-ASA1, s. 2014n Section 2014n. 66.0137 (4m) of the statutes is created to read:

SB55-ASA1,677,12 66.0137 (4m) Joint self-insured plans. (a) In this subsection, "political subdivision" means a city, village, town, or county.

SB55-ASA1,677,15 (b) A political subdivision and one or more other political subdivisions, that together have at least 100 employees, may jointly provide health care benefits to their officers and employees on a self insured basis.

SB55-ASA1,677,16 (c) Any plan under par. (b) shall comply with the provisions listed in sub. (4).

SB55-ASA1, s. 1072 Section 1072. 66.0203 (8) (b) of the statutes is amended to read:

SB55-ASA1,677,23 66.0203 (8) (b) On the basis of the hearing the circuit court shall find if the standards under s. 66.0205 are met. If the court finds that the standards are not met, the court shall dismiss the petition. If the court finds that the standards are met the court shall refer the petition to the department and. Upon payment of any fee imposed under s. 16.53 (14), the department shall determine whether the standards under s. 66.0207 are met.

SB55-ASA1, s. 1073 Section 1073. 66.0203 (9) (a) of the statutes is amended to read:

SB55-ASA1,678,3 66.0203 (9) (a) Upon receipt of the petition from the circuit court and payment of any fee imposed under s. 16.53 (14), the department shall make any necessary investigation to apply the standards under s. 66.0207.

SB55-ASA1, s. 1074 Section 1074. 66.0203 (9) (b) of the statutes is amended to read:

SB55-ASA1,678,9 66.0203 (9) (b) Within 20 days after the receipt by the department of the petition from the circuit court and payment of any fee imposed under s. 16.53 (14), whichever is later, any party in interest may request a hearing. Upon receipt of the request, the department shall schedule a hearing at a place in or convenient to the territory sought to be incorporated.

SB55-ASA1, s. 1075 Section 1075. 66.0203 (9) (d) of the statutes is amended to read:

SB55-ASA1,678,18 66.0203 (9) (d) Unless the court sets a different time limit, the department shall prepare its findings and determination, citing the supporting evidence, within 90 days after receipt of the referral from the court and payment of any fee imposed under s. 16.53 (14), whichever is later. The findings and determination shall be forwarded by the department to the circuit court. Copies of the findings and determination shall be sent by certified or registered mail to the designated representative of the petitioners, and to all town and municipal clerks entitled to receive mailed notice of the petition under sub. (4).

SB55-ASA1, s. 2018p Section 2018p. 66.0215 (title) of the statutes is amended to read:

SB55-ASA1,678,21 66.0215 (title) Incorporation of certain towns adjacent to 1st class cities or located in counties with a population greater than 400,000.

SB55-ASA1, s. 2018q Section 2018q. 66.0215 (1) of the statutes is renumbered 66.0215 (1) (a).

SB55-ASA1, s. 2018r Section 2018r. 66.0215 (1) (b) of the statutes is created to read:

SB55-ASA1,678,25 66.0215 (1) (b) If all of the following conditions are met, the procedure for becoming a 4th class city is initiated:

SB55-ASA1,679,3 1. The resident population of the town exceeds 6,000 and the population of the county in which the town is located exceeds 400,000, as shown by the last federal census or by a census under sub. (2).

SB55-ASA1,679,4 2. The town has an equalized valuation in excess of $100,000,000.

SB55-ASA1,679,7 3. An incorporation petition that requests submission of the question of incorporation to the electors of the town is signed by 100 or more persons, each an elector and taxpayer of the town.

SB55-ASA1,679,9 4. The petition under subd. 3. contains the signatures of at least 50% of the owners of real estate in the town.

SB55-ASA1,679,10 5. The petition under subd. 3. is filed with the town clerk.

SB55-ASA1, s. 1076 Section 1076. 66.0217 (6) (a) of the statutes is amended to read:

SB55-ASA1,679,22 66.0217 (6) (a) Annexations within populous counties. No annexation proceeding within a county having a population of 50,000 or more is valid unless the person publishing a notice of annexation under sub. (4) mails a copy of the notice to the clerk of each municipality affected and the department, together with any fee imposed under s. 16.53 (14), within 5 days of the publication. The department may shall within 20 days after receipt of the notice mail to the clerk of the town within which the territory lies and to the clerk of the proposed annexing village or city a notice that states whether in its opinion the annexation is in the public interest or is against the public interest and that advises the clerks of the reasons the annexation is in or against the public interest as defined in par. (c). The annexing municipality shall review the advice before final action is taken.

SB55-ASA1, s. 2019m Section 2019m. 66.0221 of the statutes is renumbered 66.0221 (1) and amended to read:

SB55-ASA1,680,21 66.0221 (1) Upon its own motion, a city or village, by a two-thirds vote of the entire membership of its governing body, may enact an ordinance annexing territory which comprises a portion of a town or towns and which was completely surrounded by territory of the city or village on December 2, 1973. The ordinance shall include all surrounded town areas except those that are exempt by mutual agreement of all of the governing bodies involved. The annexation ordinance shall contain a legal description of the territory and the name of the town or towns from which the territory is detached. Upon enactment of the ordinance, the city or village clerk immediately shall file 6 certified copies of the ordinance in the office of the secretary of state, together with 6 copies of a scale map. The secretary of state shall forward 2 copies of the ordinance and scale map to the department of transportation, one copy to the department of natural resources, one copy to the department of revenue and one copy to the department of administration. This section subsection does not apply if the town island was created only by the annexation of a railroad right-of-way or drainage ditch. This section subsection does not apply to land owned by a town government which has existing town government buildings located on the land. No town island may be annexed under this section subsection if the island consists of over 65 acres or contains over 100 residents. Section 66.0217 (11) applies to annexations under this section. After subsection. Except as provided in sub. (2), after December 2, 1973, no city or village may, by annexation, create a town area which is completely surrounded by the city or village.

SB55-ASA1, s. 2019n Section 2019n. 66.0221 (2) of the statutes is created to read:

SB55-ASA1,680,24 66.0221 (2) A city or village may, by annexation, create a town area that is completely surrounded by the city or village if one of the following applies:

SB55-ASA1,681,3 (a) An intergovernmental cooperation agreement under s. 66.0301, to which the town and the annexing city or village are parties, applies to the territory that is annexed.

SB55-ASA1,681,5 (b) A cooperative plan for boundary change under s. 66.0307, to which the town and the annexing city or village are parties, applies to the territory that is annexed.

SB55-ASA1, s. 2026m Section 2026m. 66.0901 (9) (b) of the statutes is amended to read:

SB55-ASA1,682,7 66.0901 (9) (b) Retained percentages. As the work progresses under a contract involving $1,000 or more for the construction, execution, repair, remodeling or improvement of a public work or building or for the furnishing of supplies or materials, regardless of whether proposals for the contract are required to be advertised by law, the municipality, from time to time, shall grant to the contractor an estimate of the amount and proportionate value of the work done, which entitles the contractor to receive the amount of the estimate, less the retainage, from the proper fund. The retainage shall be an amount equal to 10% 5% of the estimate until 50% of the work has been completed. At 50% completion, further partial payments shall be made in full to the contractor and no additional amounts may be retained unless the architect or engineer certifies that the job is not proceeding satisfactorily, but amounts previously retained shall not be paid to the contractor. At 50% completion or any time after 50% completion when the progress of the work is not satisfactory, additional amounts may be retained but the total retainage may not be more than 10% 5% of the value of the work completed. Upon substantial completion of the work, an amount retained may be paid to the contractor. When the work has been substantially completed except for work which cannot be completed because of weather conditions, lack of materials or other reasons which in the judgment of the municipality are valid reasons for noncompletion, the municipality may make additional payments, retaining at all times an amount sufficient to cover the estimated cost of the work still to be completed or may pay out the entire amount retained and receive from the contractor guarantees in the form of a bond or other collateral sufficient to ensure completion of the job. For the purposes of this section, estimates may include any fabricated or manufactured materials and components specified, previously paid for by the contractor and delivered to the work or properly stored and suitable for incorporation in the work embraced in the contract.

SB55-ASA1, s. 2026p Section 2026p. 66.0903 (3) (av) of the statutes is amended to read:

SB55-ASA1,682,18 66.0903 (3) (av) In determining prevailing wage rates under par. (am) or (ar), the department may not use data from projects that are subject to this section, s. 103.49 or 103.50, or 40 USC 276a unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 103.49 or 103.50, or 40 USC 276a. The department may also use data from a project that is subject to this section, s. 103.49 or 103.50, or 40 USC 276a in determining prevailing wage rates under par. (am) or (ar) if the department determines that the wage rate paid on that project is higher than the prevailing wage rate determined for that project.

SB55-ASA1, s. 2026r Section 2026r. 66.0903 (10) (a) of the statutes is amended to read:

SB55-ASA1,683,9 66.0903 (10) (a) Each contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (4) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. If requested by any person, a contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall permit that person to inspect and copy any of those records to the same extent as if the record were maintained by the department, except that s. 19.36 (3) does not limit the duty of a subcontractor or a contractor's or subcontractor's agent to permit inspection and copying of a record under this paragraph. Before permitting the inspection and copying of a record under this paragraph, a contractor, subcontractor, or contractor's or subcontractor's agent shall delete from the record any personally identifiable information, as defined in s. 19.62 (5), contained in the record about any person performing the work described in sub. (4).

SB55-ASA1, s. 1077 Section 1077. 66.0921 (2) of the statutes is amended to read:

SB55-ASA1,683,22 66.0921 (2) Facilities authorized. A municipality may enter into a joint contract with a nonprofit corporation organized for civic purposes and located in the municipality to construct or otherwise acquire, equip, furnish, operate and maintain a facility to be used for municipal and civic activities if a majority of the voters voting in a referendum authorize the municipality to enter into the joint contract. The referendum shall be held at a special election or at a spring primary or election or September primary or general election approve the question of entering into the joint contract or, if the municipality is a school district, at the next spring election or general election to be held not earlier than 42 days after submittal of the issue or at a special election held on the Tuesday after the first Monday in November in an odd-numbered year if that date occurs not earlier than 42 days after submittal of the issue.

SB55-ASA1, s. 2049e Section 2049e. 66.1113 (1) (d) (intro.) of the statutes is amended to read:

SB55-ASA1,684,2 66.1113 (1) (d) (intro.) "Tourism-related retailers" means, for taxable years beginning before January 1, 2002, retailers classified in the standard industrial classification manual, 1987 edition, published by the U.S. office of management and budget under the following industry numbers:

SB55-ASA1, s. 2049f Section 2049f. 66.1113 (1) (e) of the statutes is created to read:

SB55-ASA1,684,7 66.1113 (1) (e) "Tourism-related retailers" means, for taxable years beginning after December 31, 2001, retailers classified in the North American Industry Classification System, 1997 edition, published by the U.S. office of management and budget under the following industry numbers:

SB55-ASA1,684,8 1. 452990 — All other general merchandise stores.

SB55-ASA1,684,9 2. 445292 — Confectionary and nut stores.

SB55-ASA1,684,10 3. 445299 — All other specialty food stores.

SB55-ASA1,684,11 4. 311811 — Retail bakeries.

SB55-ASA1,684,12 5. 447100 — Gasoline stations.

SB55-ASA1,684,13 6. 722110 — Full-service restaurants.

SB55-ASA1,684,14 7. 722210 — Limited-service eating places.

SB55-ASA1,684,15 8. 722300 — Special food services.

SB55-ASA1,684,16 9. 722410 — Drinking places.

SB55-ASA1,684,17 10. 446110 — Pharmacies and drug stores.

SB55-ASA1,684,18 11. 445310 — Beer, wine, and liquor stores.

SB55-ASA1,684,19 12. 451110 — Sporting goods stores.

SB55-ASA1,684,20 13. 443130 — Camera and photographic supply stores.

SB55-ASA1,684,21 14. 453220 — Gift, novelty, and souvenir stores.

SB55-ASA1,684,22 15. 721110 — Hotels and motels.

SB55-ASA1,684,23 16. 721120 — Casino hotels.

SB55-ASA1,684,24 17. 721191 — Bed-and-breakfast inns.

SB55-ASA1,684,25 18. 721199 — All other traveler accommodations.

SB55-ASA1,685,1 19. 721214 — Recreational and vacation camps.

SB55-ASA1,685,2 20. 721211 — Recreational vehicle parks and campgrounds.

SB55-ASA1,685,3 21. 711212 — Racetracks.

SB55-ASA1,685,4 22. 713910 — Golf courses and country clubs.

SB55-ASA1,685,5 23. 713100 — Amusement parks and arcades.

SB55-ASA1,685,6 24. 713200 — Gambling industries.

SB55-ASA1,685,7 25. 713920 — Skiing facilities.

SB55-ASA1,685,8 26. 713990 — All other amusement and recreation industries.

SB55-ASA1, s. 1078 Section 1078. 67.05 (6a) (a) 2. a. of the statutes is amended to read:

SB55-ASA1,685,18 67.05 (6a) (a) 2. a. Direct the school district clerk to call a special election referendum for the purpose of submitting the resolution to the electors for approval or rejection, or direct that the resolution be submitted at the next regularly scheduled primary or spring election or general election to be held not earlier than 45 days after the adoption of the resolution or at a special election held on the Tuesday after the first Monday in November in an odd-numbered year if that date occurs not earlier than 45 days after the adoption of the resolution. The resolution shall not be effective unless adopted by a majority of the school district electors voting at the referendum.