SB40: Bill Text

SB40,849,10 62.13 (5) (i) Any person suspended, reduced, suspended and reduced, or removed by the board may appeal from the order of the board to the circuit court by serving written notice of the appeal on the secretary of the board within 10 days after the order is filed. Within 5 days after receiving written notice of the appeal, the board shall certify to the clerk of the circuit court the record of the proceedings, including all documents, testimony and minutes. The action shall then be at issue and shall have precedence over any other cause of a different nature pending in the court, which shall always be open to the trial thereof. The court shall upon application of the accused or of the board fix a date of trial, which shall not be later than 15 days after such application except by agreement. The trial shall be by the court and upon the return of the board, except that the court may require further return or the taking and return of further evidence by the board. The question to be determined by the court shall be: Upon the evidence is there just cause, as described under par. (em), to sustain the charges against the accused? No costs shall be allowed either party and the clerk's fees shall be paid by the city. If the order of the board is reversed, the accused shall be forthwith reinstated and entitled to pay as though in continuous service. If the order of the board is sustained it shall be final and conclusive. This paragraph does not apply to any person who is suspended, reduced, suspended and reduced, or removed by the board or by a committee or person acting under this subsection in place of a board, and who is subject to the terms of a collective bargaining agreement entered into under subch. IV of ch. 111 that provides an alternative to the appeals procedure specified in this paragraph, unless the person chooses to appeal the order to circuit court. If the alternative to the appeals procedure includes a hearing, the hearing shall be open to the public with reasonable advance notice given by the employer. An accused person who chooses to appeal the decision of the board through a collectively bargained alternative to the appeals procedure specified in this paragraph is considered to have waived his or her right to circuit court review of the board decision.

SB40, s. 1868 Section 1868. 62.23 (7) (i) (intro.) of the statutes is amended to read:

SB40,849,17 62.23 (7) (i) Community and other living arrangements. (intro.) For purposes of this section, the location of a community living arrangement for adults, as defined in s. 46.03 (22), a community living arrangement for children, as defined in s. 48.743 (1), a foster home, as defined in s. 48.02 (6), a treatment foster home, as defined in s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1), in any city shall be subject to the following criteria:

SB40, s. 1869 Section 1869. 62.23 (7) (i) 3. of the statutes is amended to read:

SB40,849,24 62.23 (7) (i) 3. In all cases where the community living arrangement has capacity for 8 or fewer persons being served by the program, meets the criteria listed in subds. 1. and 2., and is licensed, operated, or permitted under the authority of the department of health and family services or the department of children and families, that facility is entitled to locate in any residential zone, without being required to obtain special zoning permission except as provided in subd. 9.

SB40, s. 1870 Section 1870. 62.23 (7) (i) 4. of the statutes is amended to read:

SB40,850,9 62.23 (7) (i) 4. In all cases where the community living arrangement has capacity for 9 to 15 persons being served by the program, meets the criteria listed in subds. 1. and 2., and is licensed, operated, or permitted under the authority of the department of health and family services or the department of children and families, that facility is entitled to locate in any residential area except areas zoned exclusively for single-family or 2-family residences except as provided in subd. 9., but is entitled to apply for special zoning permission to locate in those areas. The city may grant such special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.

SB40, s. 1871 Section 1871. 62.23 (7) (i) 5. of the statutes is amended to read:

SB40,850,18 62.23 (7) (i) 5. In all cases where the community living arrangement has capacity for serving 16 or more persons, meets the criteria listed in subds. 1. and 2., and is licensed, operated, or permitted under the authority of the department of health and family services or the department of children and families, that facility is entitled to apply for special zoning permission to locate in areas zoned for residential use. The city may grant such special zoning permission at its discretion and shall make a procedure available to enable such facilities to request such permission.

SB40, s. 1872 Section 1872. 62.23 (7) (i) 6. of the statutes is amended to read:

SB40,851,2 62.23 (7) (i) 6. The department of health and family services shall designate a single subunit within the that department to maintain appropriate records indicating the location and number of persons served by each community living arrangement for adults, and such information shall be available to the public. The department of children and families shall designate a single subunit within that department to maintain appropriate records indicating the location and number of persons served by each community living arrangement for children, and such information shall be available to the public.

SB40, s. 1873 Section 1873. 62.23 (7) (i) 8. of the statutes is amended to read:

SB40,851,6 62.23 (7) (i) 8. The attorney general shall take all necessary action, upon the request of the department of health and family services or the department of children and families, to enforce compliance with this paragraph.

SB40, s. 1874 Section 1874. 66.0137 (3) of the statutes is amended to read:

SB40,851,11 66.0137 (3) Health insurance for unemployed persons. Any city, village, town, or county may purchase health or dental insurance for unemployed persons residing in the city, village, town, or county who are not eligible for medical assistance under s. 49.46, 49.468 or, 49.47, or 49.471 (4) (a) or (b).

SB40, s. 1875 Section 1875. 66.0137 (4) of the statutes is amended to read:

SB40,851,18 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 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), (5), and (6), 632.895 (9) to (14) (15), 632.896, and 767.513 (4).

SB40, s. 1876 Section 1876. 66.0301 (1) (a) of the statutes is amended to read:

SB40,852,6 66.0301 (1) (a) In this section "municipality" means the state or any department or agency thereof, or any city, village, town, county, school district, public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70 (2), local exposition district created under subch. II of ch. 229, local professional baseball park district created under subch. III of ch. 229, local professional football stadium district created under subch. IV of ch. 229, a local cultural arts district created under subch. V of ch. 229, family long-term care district under s. 46.2895, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district, regional planning commission, or city-county health department.

SB40, s. 1877 Section 1877. 66.0601 (1) (b) of the statutes is amended to read:

SB40,852,12 66.0601 (1) (b) Payments for abortions restricted. No city, village, town, family long-term care district under s. 46.2895 or agency or subdivision of a city, village or town may authorize funds for or pay to a physician or surgeon or a hospital, clinic or other medical facility for the performance of an abortion except those permitted under and which are performed in accordance with s. 20.927.

SB40, s. 1878 Section 1878. 66.0601 (1) (c) of the statutes is amended to read:

SB40,852,18 66.0601 (1) (c) Payments for abortion-related activity restricted. No city, village, town, family long-term care district under s. 46.2895 or agency or subdivision of a city, village or town may authorize payment of funds for a grant, subsidy or other funding involving a pregnancy program, project or service if s. 20.9275 (2) applies to the pregnancy program, project or service.

SB40, s. 1879 Section 1879. 66.0602 (1) (am) of the statutes is created to read:

SB40,852,22 66.0602 (1) (am) "Joint fire department" means a joint fire department organized under s. 61.65 (2) (a) 3. or 62.13 (2m), or a joint fire department organized by any combination of 2 or more cities, villages, or towns under s. 66.0301 (2).

SB40, s. 1880 Section 1880. 66.0602 (1) (b) of the statutes is amended to read:

SB40,853,3 66.0602 (1) (b) "Penalized excess" means the levy, in an amount that is at least $500 over the limit under sub. (2) for the political subdivision, not including any amount that is excepted from the limit under subs. (3), (4), and (5).

SB40, s. 1881 Section 1881. 66.0602 (1) (d) of the statutes is amended to read:

SB40,853,12 66.0602 (1) (d) "Valuation factor" means a percentage equal to the greater of either 4 percent or the percentage change in the political subdivision's January 1 equalized value due to new construction less improvements removed between the previous year and the current year, but not less than 2. Except as provided in subs. (3), (4), and (5), no political subdivision may increase its levy in any year by a percentage that exceeds the political subdivision's valuation 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).

SB40, s. 1882 Section 1882. 66.0602 (2) of the statutes is created to read:

SB40,853,20 66.0602 (2) Levy limit. Except as provided in subs. (3), (4), and (5), no political subdivision may increase its levy in 2007 or 2008 by a percentage that exceeds the political subdivision's valuation factor. The base amount in any year, to which the limit under this section applies, shall be the maximum allowable levy for the immediately preceding year. 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).

SB40, s. 1883 Section 1883. 66.0602 (3) (d) 3. of the statutes is created to read:

SB40,854,3 66.0602 (3) (d) 3. The limit otherwise applicable under this section does not apply to amounts levied by a county having a population of 500,000 or more for the payment of debt service on appropriation bonds issued under s. 59.85, including debt service on appropriation bonds issued to fund or refund outstanding appropriation bonds of the county, to pay related issuance costs or redemption premiums, or to make payments with respect to agreements or ancillary arrangements authorized under s. 59.86.

SB40, s. 1884 Section 1884. 66.0602 (3) (e) of the statutes is renumbered 66.0602 (3) (e) (intro.) and amended to read:

SB40,854,8 66.0602 (3) (e) (intro.) The limit otherwise applicable under this section does not apply to the amount that a county levies in that year for a county children with disabilities education board. any of the following:

SB40, s. 1885 Section 1885. 66.0602 (3) (e) 1. of the statutes is created to read:

SB40,854,11 66.0602 (3) (e) 1. The amount that a county levies in that year for a county children with disabilities education board.

SB40, s. 1886 Section 1886. 66.0602 (3) (e) 2. of the statutes is created to read:

SB40,854,14 66.0602 (3) (e) 2. The amount that a 1st class city levies in that year for school purposes.

SB40, s. 1887 Section 1887. 66.0602 (3) (e) 3. of the statutes is created to read:

SB40,854,17 66.0602 (3) (e) 3. The amount that a county levies in that year under s. 82.08 (2) for bridge and culvert construction and repair.

SB40, s. 1888 Section 1888. 66.0602 (3) (e) 4. of the statutes is created to read:

SB40,854,20 66.0602 (3) (e) 4. The amount that a county levies in that year to make payments to an adjacent county, under s. 43.12 (1), for library services.

SB40, s. 1889 Section 1889. 66.0602 (3) (e) 5. of the statutes is created to read:

SB40,854,24 66.0602 (3) (e) 5. The amount that a political subdivision levies in that year to make up any revenue shortfall for the debt service on a revenue bond issued under s. 66.0621.

SB40, s. 1890 Section 1890. 66.0602 (3) (f) of the statutes is repealed.

SB40, s. 1891 Section 1891. 66.0602 (3) (h) 1. of the statutes is amended to read:

SB40,855,7 66.0602 (3) (h) 1. Subject to subd. 2., the limit otherwise applicable under this section does not apply to the amount that a city, village, or town levies in that year to pay for charges assessed by a joint fire department organized under s. 61.65 (2) (a) 3. or 62.13 (2m), but only to the extent that the amount levied to pay for such charges would cause the city, village, or town to exceed the limit that is otherwise applicable under this section.

SB40, s. 1892 Section 1892. 66.0602 (4) (a) of the statutes is amended to read:

SB40,855,20 66.0602 (4) (a) A political subdivision may exceed the levy increase limit under sub. (2) if its governing body adopts a resolution to that effect and if the resolution is approved in a referendum. The resolution shall specify the proposed amount of increase in the levy beyond the amount that is allowed under sub. (2), and shall specify whether the proposed amount of increase is for the next fiscal year only or if it will apply on an ongoing basis. With regard to a referendum relating to the 2005 levy, or any levy in an odd-numbered year thereafter, the political subdivision may call a special referendum for the purpose of submitting the resolution to the electors of the political subdivision for approval or rejection. With regard to a referendum relating to the 2006 levy, or any levy in an even-numbered year thereafter, the referendum shall be held at the next succeeding spring primary or election or September primary or general election.

SB40, s. 1893 Section 1893. 66.0602 (4) (d) of the statutes is amended to read:

SB40,856,3 66.0602 (4) (d) Within 14 days after the referendum, the clerk of the political subdivision shall certify the results of the referendum to the department of revenue. The levy increase limit otherwise applicable to the political subdivision under this section is increased in the next fiscal year by the percentage approved by a majority of those voting on the question. If the resolution specifies that the increase is for one year only, the amount of the increase shall be subtracted from the base used to calculate the limit for the 2nd succeeding fiscal year.

SB40, s. 1894 Section 1894. 66.0602 (5) of the statutes is amended to read:

SB40,856,13 66.0602 (5) Exception, certain towns. A town with a population of less than 2,000 may exceed the levy increase limit otherwise applicable under this section to the town if the town board adopts a resolution supporting an increase and places the question on the agenda of an annual town meeting or a special town meeting and if the annual or special town meeting adopts a resolution endorsing the town board's resolution. The limit otherwise applicable to the town under this section is increased in the next fiscal year by the percentage approved by a majority of those voting on the question. Within 14 days after the adoption of the resolution, the town clerk shall certify the results of the vote to the department of revenue.

SB40, s. 1895 Section 1895. 66.0602 (6) (intro.) of the statutes is amended to read:

SB40,856,17 66.0602 (6) Penalties. (intro.) If Except as provided in sub. (6m), if the department of revenue determines that a political subdivision has a penalized excess in any year, the department of revenue shall do all of the following:

SB40, s. 1896 Section 1896. 66.0602 (6) (c) of the statutes is amended to read:

SB40,856,21 66.0602 (6) (c) Ensure that the amount of the penalized excess is not included in determining the limit described under sub. (2) for the political subdivision for the following year.

SB40, s. 1897 Section 1897. 66.0602 (6) (d) of the statutes is created to read:

SB40,857,2 66.0602 (6) (d) Ensure that, if a political subdivision's penalized excess exceeds the amount of aid payment that may be reduced under par. (a), the excess amount is subtracted from the aid payments under par. (a) in the following years until the total amount of penalized excess is subtracted from the aid payments.

SB40, s. 1898 Section 1898. 66.0602 (6m) of the statutes is created to read:

SB40,857,7 66.0602 (6m) Mistakes in levies. The department of revenue may issue a finding that a political subdivision is not liable for a penalty that would otherwise be imposed under sub. (6) if the department determines that the political subdivision's penalized excess is caused by one of the following clerical errors:

SB40,857,11 (a) The department, through mistake or inadvertence, has assessed to any county or taxation district, in the current year or in the previous year, a greater or less valuation for any year than should have been assessed, causing the political subdivision's levy to be erroneous in a way that directly causes a penalized excess.

SB40,857,14 (b) A taxation district clerk or a county clerk, through mistake or inadvertence in preparing or delivering the tax roll, causes a political subdivision's levy to be erroneous in a way that directly causes a penalized excess.

SB40, s. 1899 Section 1899. 66.0602 (7) of the statutes is repealed.

SB40, s. 1900 Section 1900. 66.0603 (1m) (e) of the statutes is created to read:

SB40,857,22 66.0603 (1m) (e) Subject to s. 67.11 (2) with respect to funds on deposit in a debt service fund for general obligation promissory notes issued under s. 67.12 (12), a county having a population of 500,000 or more, or a person to whom the county has delegated investment authority under sub. (5), may invest and reinvest in the same manner as is authorized for investments and reinvestments under s. 881.01, any of the following:

SB40,857,23 1. Moneys held in any stabilization fund established under s. 59.87 (3).

SB40,858,2 2. Moneys held in a fund or account, including any reserve fund, created in connection with the issuance of appropriation bonds under s. 59.85 or general obligation promissory notes under s. 67.12 (12) issued to provide funds for the payment of all or a part of the county's unfunded prior service liability.

SB40,858,4 3. Moneys appropriated or held by the county to pay debt service on appropriation bonds or general obligation promissory notes under s. 67.12 (12).

SB40,858,7 4. Moneys constituting proceeds of appropriation bonds or general obligation promissory notes described in subd. 2. that are available for investment until they are spent.

SB40,858,8 5. Moneys held in an employee retirement system of the county.

SB40, s. 1901 Section 1901. 66.0603 (5) of the statutes is created to read:

SB40,858,16 66.0603 (5) Delegation of investment authority in connection with pension financing in populous counties. The governing board of a county having a population of 500,000 or more may delegate investment authority over any of the moneys described in sub. (1m) (e) to any of the following persons, which shall be responsible for the general administration and proper operation of the county's employee retirement system, subject to the board's finding that such person has expertise in the field of investments:

SB40,858,17 (a) A public board that is organized for such purpose under county ordinances.

SB40,858,18 (b) A trustee, investment advisor, or investment banking or consulting firm.

SB40, s. 1902 Section 1902. 66.0615 (1m) (f) 2. of the statutes is amended to read:

SB40,858,24 66.0615 (1m) (f) 2. Sections 77.51 (12m), (14) (c), (f) and (j) and, (14g), (15a), and (15b), 77.52 (3), (4), (6) and (13), (14), (18), and (19), 77.522, 77.58 (1) to (5) , (6m), and (7), 77.585, 77.59, 77.60, 77.61 (2), (3m), (5), (8), (9), and (12) to (14) (15), and 77.62, as they apply to the taxes under subch. III of ch. 77, apply to the tax described under subd. 1.

SB40, s. 1903 Section 1903. 66.0902 of the statutes is created to read:

SB40,859,1 66.0902 False claims. (1) Definitions. In this section:

SB40,859,2 (a) "Local governmental unit" has the meaning given in s. 66.0131 (1) (a).

SB40,859,5 (b) "Public contract" means a contract for the construction, execution, repair, remodeling, or improvement of a public work or building or for the furnishing of supplies, equipment, material, or professional or contractual services of any kind.

SB40,859,11 (2) Presentation of false claims. Whoever knowingly presents or causes to be presented a false claim for payment under any public contract with a local governmental unit shall forfeit not less than $5,000 nor more than $10,000, plus 3 times the amount of the damages that were sustained by the local governmental unit or would have been sustained by the local governmental unit, whichever is greater, as a result of the false claim.

SB40, s. 1904 Section 1904. 66.1017 (1) (a) of the statutes is amended to read:

SB40,859,15 66.1017 (1) (a) "Family day care home" means a dwelling licensed as a day care center by the department of health and family services children and families under s. 48.65 where care is provided for not more than 8 children.

SB40, s. 1905 Section 1905. 66.1105 (6) (g) of the statutes is created to read:

SB40,859,21 66.1105 (6) (g) 1. After the date on which a tax incremental district created by a 1st class city pays off the aggregate of all of its project costs, and notwithstanding the time at which such a district would otherwise be required to terminate under sub. (7), a 1st class city may extend the life of the district for not more than 12 months if the city does all of the following:

SB40,859,23 a. The city enacts an ordinance extending the life of the district for a specified number of months.

SB40,860,3 b. The city forwards a copy of the ordinance to the department of revenue, notifying the department that it must continue to authorize the allocation of tax increments to the district under par. (a).