SB440: Bill Text

LRB-3489/1

RPN:jld:rs

2003 - 2004 LEGISLATURE

2003 Senate BILL 440

February 9, 2004 - Introduced by Senators Kedzie, Kanavas and Cowles, cosponsored by Representatives Nischke, Richards, Hahn, Towns, Albers, Ott, Hines, McCormick and Krawczyk. Referred to Committee on Environment and Natural Resources.

SB440,1,8 An Act to renumber 281.68 (2) and 281.68 (3); to renumber and amend 33.30 (2); to amend 33.26 (3), 33.29 (3) (b), 33.30 (3) (intro.), 33.30 (3) (b), 33.30 (4) (d), 33.305 (2), 33.31 (4), 33.32 (5), 33.33 (1), 281.68 (1m), 281.68 (2) (title) and 281.68 (3) (title); and to create 33.29 (1) (f), 33.29 (1) (g), 33.30 (2) (b), 33.30 (2m), 33.305 (4), 281.68 (1t), 281.68 (2) (b) and 281.68 (3) (bg) of the statutes; relating to: public inland lake protection and rehabilitation district meetings, duties of members of the district's board of commissioners, lake monitoring contracts, and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill makes several changes in the laws governing public inland lake protection and rehabilitation districts (lake districts). These changes include:

1. Removing one of the conditions that a county board must consider when determining if a lake district will be established. Currently, the county board, in response to a petition for the establishment of a lake district, may after a hearing and committee deliberations create a lake district if the county board finds that the petition and proposed lake district meet a number of conditions. One of those conditions is that the establishment of the proposed district will not cause or contribute to long-range environmental pollution. This bill removes that condition from the county board's consideration.

2. Adding to the duties of the board of commissioners of the lake district the scheduling of the district's annual meeting and the preparing of the annual budget for presentation at the annual meeting of the lake district.

3. Requiring the proposed annual budget to include existing indebtedness, revenues and expenditures from the previous year, and estimated revenues and expenditures for the current year.

4. Requiring the secretary of the board of commissioners to prepare and send notices of the annual meeting, any special meeting, and meetings of the board.

5. Specifying what has to be included in the notice of the annual meeting, including the proposed annual budget and a list of items for consideration at that meeting.

6. Specifying that no absentee ballots or proxies are permitted at the annual meeting.

7. Allowing the electors and property owners at the annual meeting to consider and vote on amendments to the annual budget.

8. Limiting the amount of special charges for services provided to members of the lake district to not more than $2.50 per $1,000 of assessed valuation.

The bill also allows the Department of Natural Resources to enter into contracts with public and private persons to create and support a statewide lake monitoring network that will include the training and equipment necessary for water quality sampling, laboratory analysis of water samples, and the creation of a statewide database regarding water quality.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB440, s. 1 Section 1. 33.26 (3) of the statutes is amended to read:

SB440,3,6 33.26 (3) The committee shall report to the county board within 3 months after the date of the hearing. Within 6 months after the date of the hearing, the board shall issue its order under this subsection. If the board finds, after consideration of the committee's report and any other evidence submitted to the board, that the petition is signed by the requisite owners as provided in s. 33.25, that the proposed district is necessary, that the public health, comfort, convenience, necessity or public welfare will be promoted by the establishment of the district, and that the property to be included in the district will be benefited by the establishment thereof, and that formation of the proposed district will not cause or contribute to long-range environmental pollution as defined in s. 299.01 (4), the board, by order, shall declare its findings, shall establish the boundaries and shall declare the district organized and give it a corporate name by which it shall be known. Thereupon the district shall be a body corporate with the powers of a municipal corporation for the purposes of carrying out this chapter. If the board does not so find, the board, by order, shall declare its findings and deny the petition.

SB440, s. 2 Section 2. 33.29 (1) (f) of the statutes is created to read:

SB440,3,8 33.29 (1) (f) Scheduling the annual meeting of the district.

SB440, s. 3 Section 3. 33.29 (1) (g) of the statutes is created to read:

SB440,3,12 33.29 (1) (g) Preparing the proposed annual budget for presentation at the annual meeting of the district. The proposed annual budget shall include all of the following:

SB440,3,14 1. A list of all existing indebtedness and all anticipated revenue from all sources during the ensuing year.

SB440,3,16 2. A list of all proposed appropriations for each department, activity, and reserve account during the ensuing year.

SB440,3,17 3. The actual revenues and expenditures for the preceding year.

SB440,3,19 4. The actual revenues and expenditures for not less than the first 6 months of the current year.

SB440,3,20 5. The estimated revenues and expenditures for the balance of the current year.

SB440,3,22 6. For informational purposes by fund, all anticipated unexpended or unappropriated balances and surpluses.

SB440, s. 4 Section 4. 33.29 (3) (b) of the statutes is amended to read:

SB440,4,2 33.29 (3) (b) The secretary shall keep minutes of all meetings of the board and hearings held by it, and shall annually notify the department of the continued existence of the district. The secretary shall prepare and send the notices required for the annual meeting, any special meeting, and any meeting of the board.

SB440, s. 5 Section 5. 33.30 (2) of the statutes is renumbered 33.30 (2) (a) and amended to read:

SB440,4,11 33.30 (2) (a) The annual meeting shall be preceded by written notice mailed at least 10 14 days in advance of the meeting to all electors within the district and owners of property within the district, whose address is known or can be ascertained with reasonable diligence, to all owners of property within the district at the owner's address as listed in the tax roll, and to the department. The district board of commissioners may substitute a class 2 notice, under ch. 985, in lieu of sending written notice to electors residing within the district.

SB440, s. 6 Section 6. 33.30 (2) (b) of the statutes is created to read:

SB440,4,14 33.30 (2) (b) No absentee ballots or proxies are permitted at the annual meeting.

SB440, s. 7 Section 7. 33.30 (2m) of the statutes is created to read:

SB440,4,17 33.30 (2m) The notice of the annual meeting under sub. (2) shall include all of the following:

SB440,4,18 (a) The proposed annual budget required under sub. (1) (g).

SB440,4,20 (b) A list of each item proposed for consideration at the annual meeting in addition to the proposed annual budget.

SB440,4,23 (c) A list of any items proposed for consideration at the annual meeting by persons eligible to vote at the annual meeting if all of the following conditions are met:

SB440,4,24 1. The item relates to an issue that is within the district's authority.

SB440,5,2 2. Each item is submitted by a petition to the board at least 30 days before the annual meeting.

SB440,5,4 3. The petition is signed by persons who are eligible to vote at the annual meeting.

SB440,5,6 4. The number of persons signing the petition equals or exceeds 20 percent of the number of parcels located in the district that are subject to the property tax.

SB440, s. 8 Section 8. 33.30 (3) (intro.) of the statutes is amended to read:

SB440,5,9 33.30 (3) (intro.) At the annual meeting, electors and property owners who attend the meeting shall do all of the following:

SB440, s. 9 Section 9. 33.30 (3) (b) of the statutes is amended to read: