Amendment ASA1-SB55

SB55-ASA1, s. 1053 Section 1053. 51.42 (3) (ar) 4p. of the statutes is created to read:

SB55-ASA1,657,22 51.42 (3) (ar) 4p. If state, federal, and county funding for mental health services provided under subd. 4. are insufficient to meet the needs of all eligible individuals, ensure that first priority for services is given to independent foster care adolescents, as defined in 42 USC 1396d (w) (1).

SB55-ASA1, s. 1054 Section 1054. 51.42 (3) (as) 1. of the statutes is amended to read:

SB55-ASA1,658,24 51.42 (3) (as) 1. A county department of community programs shall authorize all care of any patient in a state, local or private facility under a contractual agreement between the county department of community programs and the facility, unless the county department of community programs governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department of community programs or its contract agency. In cases of emergency, a facility under contract with any county department of community programs shall charge the county department of community programs having jurisdiction in the county where the patient is found. The county department of community programs shall reimburse the facility for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health and family services determines that a charge is administratively infeasible, or unless the department of health and family services, after individual review, determines that the charge is not attributable to the cost of basic care and services. A Except as provided in subd. 1m., a county department of community programs may not reimburse any state institution or receive credit for collections for care received therein by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3), and transfers from Wisconsin state prisons under s. 51.37 (5) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06 or admissions under s. 975.17, 1977 stats., or children placed in the guardianship of the department of health and family services under s. 48.427 or 48.43 or under the supervision of the department of corrections under s. 938.183 or 938.355. The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which are attributable to care and treatment of the client.

SB55-ASA1, s. 1055 Section 1055. 51.42 (3) (as) 1m. of the statutes is created to read:

SB55-ASA1,659,7 51.42 (3) (as) 1m. A county department of community programs shall reimburse a mental health institute at the institute's daily rate for custody of any person who is ordered by a court located in that county to be examined at the mental health institute under s. 971.14 (2) for all days that the person remains in custody at the mental health institute, beginning 48 hours, not including Saturdays, Sundays, and legal holidays, after the sheriff and county department receive notice under s. 971.14 (2) (d) that the examination has been completed.

SB55-ASA1, s. 1971p Section 1971p. 51.423 (1) of the statutes is amended to read:

SB55-ASA1,659,19 51.423 (1) The department shall fund, within the limits of the department's allocation for mental health services under s. 20.435 (3) (o) and (7) (b), (kw) and (o) and subject to this section, services for mental illness, developmental disability, alcoholism, and drug abuse to meet standards of service quality and accessibility. The department's primary responsibility is to guarantee that county departments established under either s. 51.42 or 51.437 receive a reasonably uniform minimum level of funding and its secondary responsibility is to fund programs which meet exceptional community needs or provide specialized or innovative services. Moneys appropriated under s. 20.435 (7) (b) and earmarked by the department for mental health services under s. 20.435 (7) (o) shall be allocated by the department to county departments under s. 51.42 or 51.437 in the manner set forth in this section.

SB55-ASA1, s. 1971r Section 1971r. 51.423 (2) of the statutes is amended to read:

SB55-ASA1,660,13 51.423 (2) From the appropriations under s. 20.435 (3) (o) and (7) (b), (kw) and (o), the department shall distribute the funding for services provided or purchased by county departments under s. 46.23, 51.42, or 51.437 to such county departments as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2) and (9) (b). Each county's required match for the distributions under s. 46.40 (2) for a year equals 9.89% of the total of the county's distributions under s. 46.40 (2) for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Each county's required match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that county's amounts described in s. 46.40 (9) (a) (intro.) for that year. Matching funds may be from county tax levies, federal and state revenue sharing funds , or private donations to the counties that meet the requirements specified in sub. (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

SB55-ASA1, s. 1056 Section 1056. 51.437 (4rm) (c) 2m. of the statutes is amended to read:

SB55-ASA1,660,18 51.437 (4rm) (c) 2m. Bill the county department of developmental disabilities services for services provided under s. 51.06 (1) (1m) (d) to individuals who are eligible for medical assistance that are not provided by the federal government, using the procedure established under subd. 1.

SB55-ASA1, s. 1057 Section 1057. 51.437 (14) (i) of the statutes is repealed.

SB55-ASA1, s. 1974m Section 1974m. 51.437 (14p) of the statutes is repealed.

SB55-ASA1, s. 1981b Section 1981b. 51.437 (14r) (a) 2. (intro.) of the statutes is amended to read:

SB55-ASA1,660,24 51.437 (14r) (a) 2. (intro.) Perform the following responsibilities related to the state plan, for the delivery of services, that is required under 42 USC 6022, including the construction of facilities:

SB55-ASA1, s. 1982r Section 1982r. 51.44 (3) (c) of the statutes is created to read:

SB55-ASA1,661,5 51.44 (3) (c) No county may contribute less funding for early intervention services under this section than the county contributed for early intervention services in 1999, except that, for a county that demonstrated extraordinary effort in 1999, the department may waive this requirement and establish with the county a lesser required contribution.

SB55-ASA1, s. 1058 Section 1058. 59.25 (3) (f) 2. of the statutes is amended to read:

SB55-ASA1,662,9 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 information 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 s. 29.987 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 s. 29.989 for natural resources restitution payments, transmit to the state treasurer 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 the amount thereof.

SB55-ASA1, s. 1996f Section 1996f. 59.25 (3) (j) of the statutes is renumbered 59.25 (3) (j) 1. and amended to read:

SB55-ASA1,662,16 59.25 (3) (j) 1. Retain 10% for fees in receiving and paying into the state treasury all money received by the treasurer for the state for fines and penalties, except that 50% of the state forfeitures, fines and penalties under chs. 341 to 347, 349 and 351 shall be retained as fees as provided in subd. 2., and retain the other fees for receiving and paying money into the state treasury that are prescribed by law.

SB55-ASA1, s. 1996h Section 1996h. 59.25 (3) (j) 2. of the statutes is created to read:

SB55-ASA1,662,24 59.25 (3) (j) 2. Retain 50% as fees for receiving and paying into the state treasury all money received by the treasurer for the state for state forfeitures, fines, and penalties under chs. 341 to 347, 349, and 351, unless, during that state fiscal year, the treasurer has already retained under this subdivision an amount equal to the amount that the treasurer retained under s. 59.25 (3) (j), 1999 stats., as fees from state forfeitures, fines, and penalties under chs. 341 to 347, 349, and 351 in the 2000-01 state fiscal year.

SB55-ASA1, s. 1996j Section 1996j. 59.25 (3) (jm) of the statutes is created to read:

SB55-ASA1,663,8 59.25 (3) (jm) Forward to the state treasurer all money received by the treasurer for the state for state forfeitures, fines, and penalties under chs. 341 to 347, 349, and 351 if, during that state fiscal year, the treasurer has already retained under par. (j) 2. an amount equal to the amount that the treasurer retained under s. 59.25 (3) (j), 1999 stats., as fees from state forfeitures, fines, and penalties under chs. 341 to 347, 349, and 351 in the 2000-01 state fiscal year. The state treasurer shall deposit 50% of the amounts received under this paragraph in the general fund and shall credit them to the appropriation account under s. 20.475 (1) (g).

SB55-ASA1, s. 1996m Section 1996m. 59.34 (1) (a) of the statutes is amended to read:

SB55-ASA1,664,2 59.34 (1) (a) Participate in inquest proceedings when required by law, except that in any county with a population of 500,000 or more and all counties which that have instituted the medical examiner system this duty and the powers incident thereto shall be vested exclusively in the office of the medical examiner. Except as provided under s. 59.38 (5), the board shall appoint the medical examiner. The office may be occupied on a full-time or part-time basis, and the officeholder shall be paid compensation as the board by ordinance provides. The duties performed by the county coroner and not vested in the medical examiner shall be performed by the clerk. The medical examiner may appoint such assistants as the board authorizes. Whenever requested by the court, attorney general, or district attorney, the medical examiner shall testify to facts and conclusions disclosed by autopsies performed by him or her, at his or her direction or in his or her presence; shall make physical examinations and tests incident to any matter of a criminal nature up for consideration before either the court, attorney general, or district attorney upon request; shall testify as an expert for either the court or the state in all matters where the examinations or tests have been made; and shall perform such other duties of a pathological or medicolegal nature as may be required.

SB55-ASA1, s. 1059 Section 1059. 59.40 (2) (m) of the statutes is amended to read:

SB55-ASA1,665,6 59.40 (2) (m) Pay monthly to the treasurer 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 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 information 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 s. 29.987 (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 s. 29.989 (1) (d) for the natural resources restitution payments. The payments shall be made by the 15th day of the month following receipt thereof.

SB55-ASA1, s. 1999m Section 1999m. 59.43 (2) (ag) 1. of the statutes is amended to read:

SB55-ASA1,665,12 59.43 (2) (ag) 1. After June 30, 1991, and subject Subject to s. 59.72 (5), for recording any instrument entitled to be recorded in the office of the register of deeds, $10 $11 for the first page and $2 for each additional page, except that no fee may be collected for recording a change of address that is exempt from a filing fee under s. 185.83 (1) (b).

SB55-ASA1, s. 1999n Section 1999n. 59.43 (2) (ag) 1. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1,665,18 59.43 (2) (ag) 1. Subject to s. 59.72 (5), for For recording any instrument entitled to be recorded in the office of the register of deeds, $11 for the first page and $2 for each additional page, except that no fee may be collected for recording a change of address that is exempt from a filing fee under s. 185.83 (1) (b).

SB55-ASA1, s. 1060 Section 1060. 59.43 (2) (b) of the statutes is amended to read:

SB55-ASA1,665,22 59.43 (2) (b) For copies of any records or papers, $2 for the first page plus $1 for each additional page, plus 25 cents $1 for the certificate of the register of deeds, except that the department of revenue is exempt from the fees under this paragraph.

SB55-ASA1, s. 2001m Section 2001m. 59.43 (2) (e) of the statutes is amended to read:

SB55-ASA1,666,2 59.43 (2) (e) After June 30, 1991, and subject Subject to s. 59.72 (5), for filing any instrument which is entitled to be filed in the office of register of deeds and for which no other specific fee is specified, $10 $11 for the first page and $2 for each additional page.

SB55-ASA1, s. 2001n Section 2001n. 59.43 (2) (e) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1,666,7 59.43 (2) (e) Subject to s. 59.72 (5), for For filing any instrument which is entitled to be filed in the office of register of deeds and for which no other specific fee is specified, $11 for the first page and $2 for each additional page.

SB55-ASA1, s. 2001q Section 2001q. 59.52 (11) (c) of the statutes is amended to read:

SB55-ASA1,666,20 59.52 (11) (c) Employee insurance. Provide for individual or group hospital, surgical and life insurance for county officers and employees and for payment of premiums for such officers and employees. In addition, a A county with at least 100 employees may elect to provide health care benefits on a self-insured basis to its officers and employees, and any 2 or more counties which together have at least 100 employees may jointly provide health care benefits on a self-insured basis to officers and employees of the counties. A county and one or more cities, villages, towns, or other counties, that together have at least 100 employees, may jointly provide health care benefits to their officers and employees on a self-insured basis. Counties which elect to provide health care benefits on a self-insured basis to their officers and employees shall be subject to the requirements set forth under s. 120.13 (2) (c) to (e) and (g).

SB55-ASA1, s. 2002r Section 2002r. 59.60 (1) of the statutes is amended to read:

SB55-ASA1,666,25 59.60 (1) Application. The provisions of this section shall apply to all counties with a population of 500,000 or more. Any Except as provided in sub. (13), any county with a county executive or county administrator may elect to be subject to the provisions of this section.

SB55-ASA1, s. 2002s Section 2002s. 59.60 (5) (g) of the statutes is amended to read:

SB55-ASA1,667,11 59.60 (5) (g) A complete summary of all the budget estimates and a statement of the property tax levy required if funds were appropriated on the basis of these estimates. In determining the property tax levy required, the director shall deduct from the total estimated expenditures the estimated amount of revenue from sources other than the property tax levy and shall deduct the amount of any surplus at the close of the preceding fiscal year not yet appropriated. The board, by two-thirds vote, may adopt a resolution before the adoption of the tax levy authorizing the use of the surplus fund in whole or in part as a sinking fund for the redemption or repurchase of bonds or to provide funds for emergency needs under sub. (9), but for no other purposes, except as provided in sub. (13).

SB55-ASA1, s. 2002t Section 2002t. 59.60 (13) of the statutes is created to read:

SB55-ASA1,667,15 59.60 (13) Tax stabilization fund. (a) Notwithstanding sub. (1), only a county with a population of at least 500,000 may create a tax stabilization fund under this subsection.

SB55-ASA1,667,18 (b) The board of a county described in par. (a) may enact an ordinance creating a tax stabilization fund in the county. If such fund is created under this paragraph, the following amounts, if positive, shall be deposited into the tax stabilization fund:

SB55-ASA1,667,22 1. The amount determined by subtracting the estimated nonproperty tax revenues collected by the county in the prior year from the corresponding actual receipts for the prior year, as determined by the comptroller not later than April 15 of each year.

SB55-ASA1,668,2 2. The amount determined by subtracting total adjusted operating budget appropriations for the prior year from total expenditures, commitments, and reserves for the prior year, as determined by the comptroller not later than April 15 of each year.

SB55-ASA1,668,4 3. Any general surplus balance as of December 31 of the prior year, as determined by the comptroller not later than April 15 of each year.

SB55-ASA1,668,6 4. Any amounts included in the county's property tax levy that are designated for deposit in the fund.

SB55-ASA1,668,11 (c) Subject to par. (d), the board may withdraw amounts from the tax stabilization fund, by a three-quarters vote of the members-elect, or by a majority vote of the members-elect if the county's total levy rate, as defined in s. 59.605 (1) (g), is projected by the board to increase by more than 3% in the current fiscal year and the withdrawn funds would prevent an increase of more than 3%.

SB55-ASA1,668,12 (d) The tax stabilization fund may not be used to offset any of the following:

SB55-ASA1,668,14 1. Any deficit that occurs between the board's total estimated nonproperty tax revenue, and the total actual nonproperty tax revenue.

SB55-ASA1,668,15 2. Any deficit that occurs between total appropriations and total expenditures.

SB55-ASA1,668,19 (e) If the uncommitted balance in the tax stabilization fund exceeds 5% of the current year's budget that is under the board's control, as of June 1 of the current year, any amount that exceeds that 5% shall be used to reduce the county's next property tax levy.

SB55-ASA1, s. 2002u Section 2002u. 59.69 (4e) of the statutes is renumbered 59.69 (4e) (intro.) and amended to read:

SB55-ASA1,668,23 59.69 (4e) (intro.) Migrant labor camps. The board may not enact an ordinance or adopt a resolution that interferes with any of the following:

SB55-ASA1,669,6 (a) Any repair or expansion of migrant labor camps, as defined in s. 103.90 (3), that are in existence on May 12, 1992, if the repair or expansion is required by an administrative rule that is promulgated by the department of workforce development under ss. 103.90 to 103.97. An ordinance or resolution of the county that is in effect on May 12, 1992, and that is in effect on the effective date of this paragraph .... [revisor inserts date], and that interferes with any construction, repair, or expansion of existing migrant labor camps that is required by such an administrative rule is void.

SB55-ASA1, s. 2002w Section 2002w. 59.69 (4e) (b) of the statutes is created to read:

SB55-ASA1,669,13 59.69 (4e) (b) The construction of new migrant labor camps, as defined in s. 103.90 (3), that are built on or after the effective date of this paragraph .... [revisor inserts date], on property that is adjacent to a food processing plant, as defined in s. 100.03 (1) (q), or on property owned by a producer of vegetables, as defined in s. 100.03 (1) (zs), if the camp is located on or contiguous to property on which vegetables are produced or adjacent to land on which the producer resides.

SB55-ASA1, s. 2003c Section 2003c. 59.72 (3) (intro.) of the statutes is amended to read:

SB55-ASA1,669,19 59.72 (3) Land information office. The board may establish a county land information office or may direct that the functions and duties of the office be performed by an existing department, board, commission, agency, institution, authority, or office. The If the board establishes a county land information office, the office shall:

SB55-ASA1, s. 2003e Section 2003e. 59.72 (5) (a) of the statutes is amended to read:

SB55-ASA1,669,24 59.72 (5) (a) Before the 16th day of each month a register of deeds shall submit to the land information board $6 $7 from the fee for recording the first page of each instrument that is recorded under s. 59.43 (2) (ag) 1. and (e), less any amount retained by the county under par. (b).

SB55-ASA1, s. 2003g Section 2003g. 59.72 (5) (b) (intro.) of the statutes is amended to read:

SB55-ASA1,670,3 59.72 (5) (b) (intro.) A county may retain $4 $5 of the $6 $7 submitted under par. (a) from the fee for recording the first page of each instrument that is recorded under s. 59.43 (2) (ag) 1. and (e) if all of the following conditions are met:

SB55-ASA1, s. 2003m Section 2003m. 59.72 (5) (b) 3. of the statutes is amended to read:

SB55-ASA1,670,11 59.72 (5) (b) 3. The county uses the fees $4 of each $5 fee retained under this paragraph to develop, implement, and maintain the countywide plan for land records modernization, and $1 of each $5 fee retained under this paragraph to develop and maintain a computerized indexing of the county's land information records relating to housing, including the housing element of the county's land use plan under s. 66.1001 (2) (b), in a manner that would allow for greater public access via the Internet.

SB55-ASA1, s. 2003r Section 2003r. 60.23 (25) of the statutes is amended to read:

SB55-ASA1,670,17 60.23 (25) Self-insured health plans. Provide health care benefits to its officers and employees on a self-insured basis if the self-insured plan complies with ss. 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) and (11) to (14) and 632.896, subject to s. 66.0137 (4).

SB55-ASA1, s. 1061 Section 1061. 62.50 (23m) of the statutes is repealed.

SB55-ASA1, s. 1062 Section 1062. 66.0113 (1) (b) 7. c. of the statutes is amended to read:

SB55-ASA1,671,3 66.0113 (1) (b) 7. c. That, if the alleged violator makes a cash deposit and does not appear in court, he or she either will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment imposed by s. 757.05, a jail assessment imposed by s. 302.46 (1), a 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 to exceed the amount of the deposit or will be summoned into court to answer the complaint if the court does not accept the plea of no contest.

SB55-ASA1, s. 1063 Section 1063. 66.0113 (1) (b) 7. d. of the statutes is amended to read:

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: