AB100: Bill Text

AB100, s. 1223 Section 1223. 50.14 (4) of the statutes is amended to read:

AB100,593,7 50.14 (4) Sections 77.59 (1) to (5), (6) (intro.), (a) and (c) and (7) to (10), 77.60 (1) to (7), (9) and (10), 77.61 (9) and (12) to (14) and 77.62, as they apply to the taxes under subch. III of ch. 77, apply to the assessment under this section, except that the amount of any assessment amount greater than $13,800,000 collected under s. 77.59 (7) in excess of $14,300,000 in fiscal year 2003-04, in excess of $13,800,000 in fiscal year 2004-05, and, beginning July 1, 2005, in excess of 45% in each fiscal year in a fiscal year shall be deposited in the Medical Assistance trust fund.

AB100, s. 1224 Section 1224. 51.05 (3g) of the statutes is repealed.

AB100, s. 1225 Section 1225. 51.05 (3m) of the statutes is repealed.

AB100, s. 1226 Section 1226. 51.30 (4) (b) 27. of the statutes is created to read:

AB100,594,2 51.30 (4) (b) 27. For the purpose of entering information concerning the subject individual into the statewide automated child welfare information system established under s. 46.03 (7) (g). A county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, the department of health and family services, the department of corrections, or any other organization that has entered into an information sharing and access agreement with one of those county departments or departments and that has been approved for access to the statewide automated child welfare information system by the department of health and family services may have access to information concerning a client of that county department, department, or organization under this chapter or ch. 48 or 938 that is maintained in the statewide automated child welfare information system, if necessary to enable the county department, department, or organization to perform its duties under this chapter or ch. 48 or 938 or to coordinate the delivery of services under this chapter or ch. 48 or 938 to the client. Before entering any information about an individual into the statewide automated child welfare information system, the person entering the information shall notify the individual that the information entered may be disclosed as provided in this subdivision.

AB100, s. 1227 Section 1227. 51.423 (1) of the statutes is amended to read:

AB100,594,14 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) 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.

AB100, s. 1228 Section 1228. 51.423 (2) of the statutes is amended to read:

AB100,595,8 51.423 (2) From the appropriations under s. 20.435 (3) (o) and (7) (b) 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.

AB100, s. 1229 Section 1229. 51.437 (4rm) (c) 2. b. of the statutes is amended to read:

AB100,596,5 51.437 (4rm) (c) 2. b. Bill the county department of developmental disabilities services for services provided on or after December 31, 1997, at $48 per day, if an independent professional review established under 42 USC 1396a (a) (31) designates the person served as appropriate for community care, including persons who have been admitted for more than 180 consecutive days and for whom the cost of care in the community would be equal to or less than $184 per day the daily rate for services under s. 46.275. The department of health and family services shall use money it receives from the county department of developmental disabilities services to offset the state's share of medical assistance. Payment is due from the county department of developmental disabilities services within 60 days of the billing date, subject to provisions of the contract. If the department of health and family services does not receive any payment within 60 days, it shall deduct all or part of the amount due from any payment the department of health and family services is required to make to the county department of developmental disabilities services. The department of health and family services shall first use collections received under s. 46.10 as a result of care at a center for the developmentally disabled to reduce the costs paid by medical assistance, and shall remit the remainder to the county department of developmental disabilities services up to the portion billed. The department of health and family services shall use the appropriation under s. 20.435 (2) (gk) to remit collection credits and other appropriate refunds to county departments of developmental disabilities services.

AB100, s. 1230 Section 1230. 59.40 (2) (p) of the statutes is amended to read:

AB100,596,11 59.40 (2) (p) Cooperate with the department of workforce development with respect to the child and spousal support and establishment of paternity and medical liability support liability program under ss. 49.22 and 59.53 (5), and provide that department with any information from court records which it requires to administer that program.

AB100, s. 1231 Section 1231. 59.43 (1) (u) of the statutes is repealed and recreated to read:

AB100,596,15 59.43 (1) (u) Submit that portion of recording fees collected under sub. (2) (ag) 1. and (e) and not retained by the county to the department of administration under s. 59.72 (5).

AB100, s. 1232 Section 1232. 59.43 (1) (um) of the statutes is repealed.

AB100, s. 1233 Section 1233. 59.43 (2) (ag) 1. of the statutes is repealed and recreated to read:

AB100,596,21 59.43 (2) (ag) 1. Subject to s. 59.72 (5), 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).

AB100, s. 1234 Section 1234. 59.43 (2) (e) of the statutes is repealed and recreated to read:

AB100,596,25 59.43 (2) (e) 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, $11 for the first page and $2 for each additional page.

AB100, s. 1235 Section 1235. 59.54 (12) of the statutes is amended to read:

AB100,597,4 59.54 (12) County-tribal law enforcement programs. Pursuant to adoption of a resolution, a board may enter into an agreement and seek funding under s. 165.90 16.964 (7m).

AB100, s. 1236 Section 1236. 59.72 (3) of the statutes is repealed and recreated to read:

AB100,597,10 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. If the board establishes a county land information office, the office shall:

AB100,597,13 (a) Coordinate land information projects within the county, between the county and local governmental units, between the state and local governmental units and among local governmental units, the federal government and the private sector.

AB100,597,17 (b) Within 2 years after the land information office is established, develop and receive approval for a countywide plan for land records modernization. The plan shall be submitted for approval to the department of administration under s. 16.967 (3) (e).

AB100,597,19 (c) Review and recommend projects from local governmental units for grants from the department of administration under s. 16.967 (7).

AB100, s. 1237 Section 1237. 59.72 (4) of the statutes is repealed and recreated to read:

AB100,597,23 59.72 (4) Aid to counties. A board that has established a land information office under sub. (3) may apply to the department of administration for a grant for a land information project under s. 16.967 (7).

AB100, s. 1238 Section 1238. 59.72 (5) of the statutes is repealed and recreated to read:

AB100,598,5 59.72 (5) Land record modernization funding. (a) Before the 16th day of each month a register of deeds shall submit to the department of administration $7 from the fee for recording or filing the first page of each instrument that is recorded or filed under s. 59.43 (2) (ag) 1. or (e), less any amount retained by the county under par. (b).

AB100,598,8 (b) A county may retain $5 of the $7 submitted under par. (a) from the fee for recording or filing the first page of each instrument that is recorded or filed under s. 59.43 (2) (ag) 1. or (e) if all of the following conditions are met:

AB100,598,9 1. The county has established a land information office under sub. (3).

AB100,598,12 2. A land information office has been established for less than 2 years or has received approval for a countywide plan for land records modernization under sub. (3) (b).

AB100,598,16 3. The county uses $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 for the provision of land information on the Internet, including the county's land information records relating to housing.

AB100, s. 1239 Section 1239. 65.90 (3) (br) of the statutes is created to read:

AB100,598,19 65.90 (3) (br) For a school district, the budget summary required under par. (a) shall also include all of the following:

AB100,598,23 1. For the proposed budget, the current budget, and the budget in the previous fiscal year, the school district's general fund balance at the end of the fiscal year divided by the school district's general fund expenditures in that fiscal year, expressed as a percentage.

AB100,599,3 2. For the current budget and the budget in the previous fiscal year, the statewide average school district general fund balance at the end of the fiscal year divided by the statewide average school district general fund expenditures in that fiscal year, expressed as a percentage, as provided by the department of public instruction under par. (c).

AB100, s. 1240 Section 1240. 65.90 (3) (c) of the statutes is amended to read:

AB100,599,13 65.90 (3) (c) The department of public instruction under s. 115.28, the department of revenue under s. 73.10 and the technical college system board under s. 38.04 shall encourage and consult with interested public and private organizations regarding the budget summary information required under pars. (a) and (b). The department of public instruction and the technical college system board shall specify the revenue and expenditure detail that is required under par. (b) 1. and 2. for school districts and for technical college districts. The department of public instruction shall provide school districts with the information required under par. (br) 2. For the current budget, the department shall estimate the percentage.

AB100, s. 1241 Section 1241. 65.90 (3) (d) of the statutes is amended to read:

AB100,599,18 65.90 (3) (d) A municipality may publish any additional budget summary information that its governing body considers necessary, but the additional information shall be reported separately from the information required under pars. (a), (b) and, (bm), and (br).

AB100, s. 1242 Section 1242. 65.90 (5) (c) of the statutes is created to read:

AB100,600,2 65.90 (5) (c) If a school board adopts a proposed budget in which the school district's general fund balance at the end of the fiscal year divided by the school district's general fund expenditures in that fiscal year exceeds an amount equal to 90 percent of the statewide average school district general fund balance at the end of the previous fiscal year divided by the statewide average school district general fund expenditures in the previous fiscal year, as determined by the department of public instruction under sub. (3) (br) 2., the school board shall conduct a separate vote approving the excess.

AB100, s. 1243 Section 1243. 66.0301 (3) of the statutes is amended to read:

AB100,600,10 66.0301 (3) Any contract under sub. (2) may provide a plan for administration of the function or project, which may include but is not limited to provisions as to proration of the expenses involved, deposit and disbursement of funds appropriated, submission and approval of budgets, creation of a commission, selection and removal of commissioners, and formation and letting of contracts. If a commission is created, the employees of the commission are not employees of the municipalities that created the commission, unless the municipalities specify otherwise in the contract.

AB100, s. 1244 Section 1244. 66.0305 (title) of the statutes is amended to read:

AB100,600,12 66.0305 (title) Municipal Political subdivision revenue sharing.

AB100, s. 1245 Section 1245. 66.0305 (1) of the statutes is amended to read:

AB100,600,15 66.0305 (1) Definition. In this section, "municipality" "political subdivision" means a city, village or, town, or county.

AB100, s. 1246 Section 1246. 66.0305 (2) of the statutes is amended to read:

AB100,600,24 66.0305 (2) Municipal Political subdivision revenue sharing agreement. Subject to the requirements of this section, any 2 or more municipalities political subdivisions may, by a majority vote of a quorum of their governing bodies, enter into an agreement to share all or a specified part of revenues derived from taxes, payments received from the state, fee revenues, and special charges, as defined in s. 74.01 (4). One or more municipalities political subdivisions may enter into agreements under this section with federally recognized American Indian tribes or bands.

AB100, s. 1247 Section 1247. 66.0305 (3) of the statutes is amended to read:

AB100,601,4 66.0305 (3) Public hearing. At least 30 days before entering into an agreement under sub. (2), a municipality political subdivision shall hold a public hearing on the proposed agreement. Notice of the hearing shall be published as a class 3 notice under ch. 985.

AB100, s. 1248 Section 1248. 66.0305 (4) (a) 4. of the statutes is amended to read:

AB100,601,8 66.0305 (4) (a) 4. The date upon which revenues agreed to be shared under the agreement shall be paid to the appropriate municipality political subdivision shall be specified.

AB100, s. 1249 Section 1249. 66.0305 (5) of the statutes is amended to read:

AB100,601,13 66.0305 (5) Contiguous boundaries. No municipality political subdivision may enter into an agreement under sub. (2) with one or more municipalities political subdivisions unless the municipality political subdivision is contiguous to at least one other municipality political subdivision that enters into the agreement.

AB100, s. 1250 Section 1250. 66.0305 (6) of the statutes is amended to read:

AB100,602,2 66.0305 (6) Advisory referendum. (a) Within 30 days after the hearing under sub. (3), the governing body of a participating municipality political subdivision may adopt a resolution calling for an advisory referendum on the agreement. An advisory referendum shall be held if, within 30 days after the hearing under sub. (3), a petition, signed by a number of qualified electors equal to at least 10% of the votes cast for governor in the municipality political subdivision at the last gubernatorial election, is filed with the clerk of a participating municipality political subdivision, requesting an advisory referendum on the revenue sharing plan. The petition shall conform to the requirements of s. 8.40 and shall be filed as provided in s. 8.37. If an advisory referendum is held, the municipality's political subdivision's governing body may not vote to approve the agreement under sub. (2) until the report under par. (d) is filed.

AB100,602,9 (b) The advisory referendum shall be held not less than 42 days nor more than 72 days after adoption of the resolution under par. (a) calling for the referendum or not less than 42 days nor more than 72 days after receipt of the petition under par. (a) by the municipal or county clerk. The municipal or county clerk shall give notice of the referendum by publishing a notice in a newspaper of general circulation in the municipality political subdivision, both on the publication day next preceding the advisory referendum election and one week prior to that publication date.

AB100,602,16 (c) The advisory referendum shall be conducted by the municipal political subdivision's election officials. The governing body of the municipality political subdivision may specify the number of election officials for the referendum. The ballots shall contain the words "For the revenue sharing agreement" and "Against the revenue sharing agreement" and shall otherwise conform to the provisions of s. 5.64 (2). The election shall be conducted as are other municipal or county elections in accordance with chs. 6 and 7, insofar as applicable.

AB100,602,20 (d) The election inspectors shall report the results of the election, showing the total number of votes cast and the numbers cast for and against the revenue sharing. The election inspectors shall attach their affidavit to the report and immediately file the report in the office of the municipal or county clerk.

AB100,602,22 (e) The costs of the advisory referendum election shall be borne by the municipality political subdivision that holds the election.

AB100, s. 1251 Section 1251. 66.0602 of the statutes is created to read:

AB100,602,24 66.0602 Local levy limits. (1) Definitions. In this section:

AB100,603,4 (a) "County growth factor" means a percentage equal to 60 percent of the percentage change in the county's January 1 equalized value due to new construction less improvements removed between the year before the previous year and the previous year, but not less than zero.

AB100,603,8 (b) "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.

AB100,603,13 (c) "Inflation factor" means a percentage equal to the average annual percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12 months ending on June 30 of the year in which property tax bills are mailed under s. 74.09 (5).

AB100,603,14 (d) "Members-elect" has the meaning given in s. 59.001 (2m).

AB100,603,18 (e) "Municipal growth factor" means a percentage equal to 60 percent of the percentage change in the region's January 1 equalized value due to new construction less improvements removed between the year before the previous year and the previous year, but not less than zero.

AB100,603,19 (f) "Municipality" means a city, village, or town.

AB100,603,20 (g) "Political subdivision" means a city, village, town, or county.

AB100,603,25 (h) "Region" means any of the following areas to which a municipality is assigned by the department of revenue, according to the county in which the municipality is located, except that, if the municipality is located in more than one county, the municipality is considered to be located in the county that has the greater taxable value:

AB100,604,2 1. Region 1, consisting of the counties of Brown, Door, Florence, Kewaunee, Manitowoc, Marinette, Oconto, and Sheboygan.

AB100,604,5 2. Region 2, consisting of the counties of Calumet, Fond du Lac, Green Lake, Marquette, Menominee, Outagamie, Shawano, Waupaca, Waushara, and Winnebago.

AB100,604,7 3. Region 3, consisting of the counties of Buffalo, Crawford, Jackson, La Crosse, Monroe, Pepin, Pierce, Trempealeau, and Vernon.

AB100,604,9 4. Region 4, consisting of the counties of Adams, Forest, Juneau, Langlade, Lincoln, Marathon, Oneida, Portage, Vilas, and Wood.

AB100,604,11 5. Region 5, consisting of the counties of Ashland, Bayfield, Burnett, Douglas, Iron, Price, Rusk, Sawyer, Taylor, and Washburn.

AB100,604,13 6. Region 6, consisting of the counties of Columbia, Dane, Dodge, Jefferson, Rock, and Sauk.

AB100,604,15 7. Region 7, consisting of the counties of Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington, and Waukesha.

AB100,604,17 8. Region 8, consisting of the counties of Grant, Green, Iowa, Lafayette, and Richland.

AB100,604,19 9. Region 9, consisting of the counties of Barron, Chippewa, Clark, Dunn, Eau Claire, Polk, and St. Croix.

AB100,604,24 (2) Levy limit. (a) Except as provided in subs. (3), (4), and (5), no municipality may increase its levy in any year by a percentage that exceeds the sum of the inflation factor and the municipal growth factor. In determining its levy in any year, a city, village, or town shall subtract any tax increment that is calculated under s. 60.85 (1) (L) or 66.1105 (2) (i).

AB100,605,3 (b) Except as provided in subs. (3), (4), and (5), no county may increase its levy in any year by a percentage that exceeds the sum of the inflation factor and the county growth factor.

AB100,605,9 (3) Exceptions. (a) If a political subdivision transfers to another governmental unit responsibility for providing any service that the political subdivision provided in the preceding year, the levy increase limit otherwise applicable under this section to the political subdivision in the current year is decreased to reflect the cost that the political subdivision would have incurred to provide that service, as determined by the department of revenue.