AB1089: Bill Text

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

AB1089, s. 1 Section 1. 16.70 (14) of the statutes is amended to read:

AB1089,4,3 16.70 (14) "State" does not include a district created under subch. II, III, IV, or V, or VI of ch. 229.

AB1089, s. 2 Section 2. 19.42 (13) (a) of the statutes is amended to read:

AB1089,5,7 19.42 (13) (a) All positions to which individuals are regularly appointed by the governor, except the position of trustee of any private higher educational institution receiving state appropriations and, the position of member of the district board of a local professional baseball park district created under subch. III of ch. 229 and, the position of member of the district board of a local cultural arts district created under subch. V of ch. 229, and the position of member of the district board of a local airport district created under subch. VI of ch. 229.

AB1089, s. 3 Section 3. 19.59 (1) (g) 1. a. of the statutes is amended to read:

AB1089,5,12 19.59 (1) (g) 1. a. "District" means a local professional baseball park district created under subch. III of ch. 229 or, a local professional football stadium district created under subch. IV of ch. 229, or a local airport district created under subch. VI of ch. 229.

AB1089, s. 4 Section 4. 24.61 (2) (a) 10. of the statutes is created to read:

AB1089,5,15 24.61 (2) (a) 10. Bonds issued by a local airport district under subch. VI of ch. 229.

AB1089, s. 5 Section 5. 24.61 (3) (a) 12. of the statutes is created to read:

AB1089,5,19 24.61 (3) (a) 12. A county that contains a 1st class city, to be used to fund any shortfall in operating revenues during a fiscal year, for a period not to exceed 120 days.

AB1089, s. 6 Section 6. 25.14 (5) of the statutes is amended to read:

AB1089,5,22 25.14 (5) The assets of the state investment fund shall be invested as prescribed by s. 25.17 (3) (b), (ba), (bc), and (bd).

AB1089, s. 7 Section 7. 25.17 (3) (b) 13. of the statutes is created to read:

AB1089,5,25 25.17 (3) (b) 13. Bonds issued by a local airport district under subch. VI of ch. 229.

AB1089, s. 8 Section 8. 25.17 (3) (bc) of the statutes is created to read:

AB1089,6,5 25.17 (3) (bc) Have authority to make a loan from moneys in the state investment fund to a county that contains a 1st class city, to be used to fund any shortfall in operating revenues during a fiscal year, for a period not to exceed 120 days.

AB1089, s. 9 Section 9. 25.50 (1) (d) of the statutes is amended to read:

AB1089,6,17 25.50 (1) (d) "Local government" means any county, town, village, city, power district, sewerage district, drainage district, town sanitary district, public inland lake protection and rehabilitation district, local professional baseball park district created under subch. III of ch. 229, family care district under s. 46.2895, local professional football stadium district created under subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229, local airport district created under subch. VI of ch. 229, public library system, school district or technical college district in this state, any commission, committee, board or officer of any governmental subdivision of this state, any court of this state, other than the court of appeals or the supreme court, or any authority created under s. 231.02, 233.02 or 234.02.

AB1089, s. 10 Section 10. 32.02 (11) of the statutes is amended to read:

AB1089,6,23 32.02 (11) Any housing authority created under ss. 66.1201 to 66.1211; redevelopment authority created under s. 66.1333 community development authority created under s. 66.1335; local cultural arts district created under subch. V of ch. 229, subject to s. 229.844 (4) (c); local airport district created under subch. VI of ch. 229; or local exposition district created under subch. II of ch. 229.

AB1089, s. 11 Section 11. 59.69 (4g) of the statutes is amended to read:

AB1089,7,5 59.69 (4g) Airport areas. In a county which has created a county zoning agency under sub. (2) (a), the county's development plan shall include the location of any part of an airport, as defined in s. 62.23 (6) (am) 1. a. or s. 229.860 (1), that is located in the county and of any part of an airport affected area, as defined in s. 62.23 (6) (am) 1. b., that is located in the county.

AB1089, s. 12 Section 12. 60.61 (2) (e) of the statutes is amended to read:

AB1089,7,11 60.61 (2) (e) Adopt an official map showing areas, outside the limits of villages and cities, suited to carry out the purposes of this section. Any map adopted under this paragraph shall show the location of any part of an airport, as defined in s. 62.23 (6) (am) 1. a. or 229.860 (1), located in the town and of any part of an airport affected area, as defined in s. 62.23 (6) (am) 1. b., located in the town.

AB1089, s. 13 Section 13. 62.23 (6) (am) 1. a. of the statutes is amended to read:

AB1089,7,16 62.23 (6) (am) 1. a. "Airport" means an airport as defined under s. 114.002 (7) which is owned or operated by a county, city, village or town either singly or jointly with one or more counties, cities, villages or towns, or an airport as defined in s. 229.860 (1) which is owned or operated by a district, as defined in s. 229.860 (5).

AB1089, s. 14 Section 14. 66.0301 (1) (a) of the statutes is amended to read:

AB1089,8,4 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, local airport district created under subch. VI of ch. 229, family 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.

AB1089, s. 15 Section 15. 66.0603 (1m) (a) 3r. of the statutes is created to read:

AB1089,8,7 66.0603 (1m) (a) 3r. Bonds issued by a local airport district created under subch. VI of ch. 229.

AB1089, s. 16 Section 16. 66.0621 (1) (a) of the statutes is amended to read:

AB1089,8,20 66.0621 (1) (a) "Municipality" means a city, village, town, county, commission created by contract under s. 66.0301, public inland lake protection and rehabilitation district established under s. 33.23, 33.235 or 33.24, metropolitan sewerage district created under ss. 200.01 to 200.15 and 200.21 to 200.65, town sanitary district under subch. IX of ch. 60, a local professional baseball park district created under subch. III of ch. 229, a local professional football stadium district created under subch. IV of ch. 229, a local cultural arts district created under subch. V of ch. 229, a local airport district created under subch VI of ch. 229, or a municipal water district or power district under ch. 198 and any other public or quasi-public corporation, officer, board or other public body empowered to borrow money and issue obligations to repay the money and obligations out of revenues. "Municipality" does not include the state or a local exposition district created under subch. II of ch. 229.

AB1089, s. 17 Section 17. 66.0621 (1) (b) of the statutes is amended to read:

AB1089,9,6 66.0621 (1) (b) "Public utility" means any revenue producing facility or enterprise owned by a municipality and operated for a public purpose as defined in s. 67.04 (1) (b) including garbage incinerators, toll bridges, swimming pools, tennis courts, parks, playgrounds, golf links, bathing beaches, bathhouses, street lighting, city halls, village halls, town halls, courthouses, jails, schools, cooperative educational service agencies, hospitals, homes for the aged or indigent, child care centers, as defined in s. 231.01 (3c), regional projects, waste collection and disposal operations, sewerage systems, local professional baseball park facilities, airport facilities, as defined in s. 229.860 (2), and any other necessary public works projects undertaken by a municipality.

AB1089, s. 18 Section 18. 66.0621 (6) (d) of the statutes is created to read:

AB1089,9,9 66.0621 (6) (d) Revenue bonds issued by a local airport district created under subch. VI of ch. 229 are subject to the provisions in ss. 229.866 to 229.868.

AB1089, s. 19 Section 19. 66.1009 (intro.) of the statutes is amended to read:

AB1089,9,13 66.1009 Agreement to establish an airport affected area. (intro.) Any county, town, city or village may establish by written agreement with an airport, as defined in s. 62.23 (6) (am) 1. a. or 229.860 (1):

AB1089, s. 20 Section 20. 70.11 (44) of the statutes is created to read:

AB1089,9,15 70.11 (44) Property of a local airport district created under subch. VI of ch. 229.

AB1089, s. 21 Section 21. 71.05 (1) (c) 7. of the statutes is created to read:

AB1089,9,17 71.05 (1) (c) 7. A local airport district created under subch. VI of ch. 229.

AB1089, s. 22 Section 22. 71.26 (1) (bm) of the statutes is amended to read:

AB1089,9,23 71.26 (1) (bm) Certain local districts. Income of a local exposition district created under subch. II of ch. 229, a local professional baseball park district created under subch. III of ch. 229, a local professional football stadium district created under subch. IV of ch. 229, or a local cultural arts district created under subch. V of ch. 229, or a local airport district created under subch. VI of ch. 229.

AB1089, s. 23 Section 23. 71.26 (1m) (g) of the statutes is amended to read:

AB1089,10,3 71.26 (1m) (g) Those issued under s. 66.0621 by a local professional baseball park district, a local professional football stadium district, or a local cultural arts district, or a local airport district.

AB1089, s. 24 Section 24. 71.36 (1m) of the statutes is amended to read:

AB1089,11,2 71.36 (1m) A tax-option corporation may deduct from its net income all amounts included in the Wisconsin adjusted gross income of its shareholders, the capital gain deduction under s. 71.05 (6) (b) 9. and all amounts not taxable to nonresident shareholders under ss. 71.04 (1) and (4) to (9) and 71.362. For purposes of this subsection, interest on federal obligations, obligations issued under s. 66.0621 by a local professional baseball park district, a local professional football stadium district, or a local cultural arts district, or an airport district, obligations issued under ss. 66.1201, 66.1333, and 66.1335, obligations issued under s. 234.65 to fund an economic development loan to finance construction, renovation or development of property that would be exempt under s. 70.11 (36) and obligations issued under subch. II of ch. 229 is not included in shareholders' income. The proportionate share of the net loss of a tax-option corporation shall be attributed and made available to shareholders on a Wisconsin basis but subject to the limitation and carry-over rules as prescribed by section 1366 (d) of the Internal Revenue Code. Net operating losses of the corporation to the extent attributed or made available to a shareholder may not be used by the corporation for further tax benefit. For purposes of computing the Wisconsin adjusted gross income of shareholders, tax-option items shall be reported by the shareholders and those tax-option items, including capital gains and losses, shall retain the character they would have if attributed to the corporation, including their character as business income. In computing the tax liability of a shareholder, no credit against gross tax that would be available to the tax-option corporation if it were a nontax-option corporation may be claimed.

AB1089, s. 25 Section 25. 71.45 (1t) (g) of the statutes is amended to read:

AB1089,11,6 71.45 (1t) (g) Those issued under s. 66.0621 by a local professional baseball park district, a local professional football stadium district, or a local cultural arts district, or a local airport district.

AB1089, s. 26 Section 26. 77.25 (22) of the statutes is created to read:

AB1089,11,8 77.25 (22) From a local airport district created under subch. VI of ch. 229.

AB1089, s. 27 Section 27. 77.54 (9a) (i) of the statutes is created to read:

AB1089,11,10 77.54 (9a) (i) A local airport district created under subch. VI of ch. 229.

AB1089, s. 28 Section 28. 78.01 (2) (g) of the statutes is created to read:

AB1089,11,13 78.01 (2) (g) Gasoline sold to and used by a local airport district created under subch. VI of ch. 229.

AB1089, s. 29 Section 29. 78.01 (2m) (h) of the statutes is created to read:

AB1089,11,16 78.01 (2m) (h) It is sold to and used by a local airport district created under subch. VI of ch. 229.

AB1089, s. 30 Section 30. 79.005 (1j) of the statutes is created to read:

AB1089,11,18 79.005 (1j) "FAA approval date" has the meaning given in s. 229.860 (9).

AB1089, s. 31 Section 31. 79.005 (1k) of the statutes is created to read:

AB1089,11,21 79.005 (1k) "Local airport district" means a local airport district created under subch. VI of ch. 229, whose jurisdiction is described in s. 229.862.

AB1089, s. 32 Section 32. 79.02 (2) (b) of the statutes is amended to read:

AB1089,12,2 79.02 (2) (b) Subject to ss. 59.605 (4) and 70.995 (14) (b), and except as provided in sub. (4), payments in July shall equal 15% of the municipality's or county's estimated payments under ss. 79.03, 79.035, 79.04, 79.058, and 79.06 and 100% of the municipality's estimated payments under s. 79.05.

AB1089, s. 33 Section 33. 79.02 (3) (a) of the statutes is amended to read:

AB1089,12,8 79.02 (3) (a) Subject to s. 59.605 (4), and except as provided in sub. (4), payments to each municipality and county in November shall equal that municipality's or county's entitlement under ss. 79.03, 79.035, 79.04, 79.05, 79.058, and 79.06 for the current year, minus the amount distributed to the municipality or county in July.

AB1089, s. 34 Section 34. 79.02 (4) of the statutes is created to read:

AB1089,12,13 79.02 (4) Subject to s. 59.605 (4), the department of administration shall distribute in November of each year the total amount of the payments under this subchapter due to a county in which a local airport district is located, beginning with the first distribution following the local airport district's FAA approval date.

AB1089, s. 35 Section 35. 114.002 (13) of the statutes is created to read:

AB1089,12,15 114.002 (13) "District" has the meaning given in s. 229.860 (5).

AB1089, s. 36 Section 36. 114.105 of the statutes is amended to read:

AB1089,13,2 114.105 Local regulation. Any county, town, city or village city, village, town, county, or district may adopt enact any ordinance that is in strict conformity with the provisions of this chapter and impose the same penalty for violation of any of its provisions except that such the ordinance shall may not provide for the suspension or revocation of pilot or aircraft licenses or certificates and shall may not provide for imprisonment except for failure to pay any fine which may be imposed. No local authority shall may enact any ordinance governing aircraft or aeronautics contrary to or inconsistent with the provisions of this chapter or federal law. Every court in which a violation of such ordinance is prosecuted shall make a written report of any conviction (including bail or appearance money forfeiture) to the federal aviation administration.

AB1089, s. 37 Section 37. 114.11 (1) to (4) and (5) (intro.) of the statutes are amended to read:

AB1089,13,21 114.11 (1) The governing body of any county, city, village or town city, village, town, county, or district in this state is hereby authorized to acquire, establish, construct, own, control, lease, equip, improve, maintain and operate airports or landing fields or landing and take-off strips for the use of airplanes and other aircraft either within or without the limits of such counties, cities, villages and towns cities, villages, towns, counties, and districts, and may use for such purpose or purposes any property suitable therefor that is now or may at any time hereafter be owned or controlled by such county, city, village or town city, village, town, county, or district, and may regulate the same, provided, such regulation shall not be in conflict with such rules and regulations as may be made by the federal government. The governing body of each and every county and, municipality, and district owning an airport or landing field or landing and take-off strip in the state of Wisconsin shall cause the surroundings of such airport, landing field or landing and take-off strip to be marked for aeronautical purposes, and maintain such marking, subject to and in accordance with law and such rules and regulations as may from time to time be made by the federal government and in so doing may cooperate with other states and subdivisions thereof and acquire rights and easements in property outside of the state.

AB1089,14,2 (2) The governing body of any county, city, village or town city, village, town, county, or district of this state is authorized to acquire, establish, construct, own, control, lease, equip, improve, maintain and operate airports or landing fields or landing and take-off strips or other aeronautical facilities in an adjoining state whose laws permit, subject to the laws of such state, but subject to the laws of this state in all matters relating to financing such aeronautical project.

AB1089,14,19 (3) The governing body of any municipality or other political subdivision of an adjoining state whose laws permit, is hereby authorized to acquire, establish, construct, own, control, lease, equip, improve, maintain and operate airports, or landing fields, or landing and take-off strips or other aeronautical facilities in this state, subject to all laws, rules and regulations of this state applicable to its municipalities, districts, or other political subdivisions in such aeronautical project, but subject to the laws of its own state in all matters relating to financing such project. Such municipality or other political subdivision of an adjoining state shall have all privileges, rights and duties of like municipalities, districts, or other political subdivisions of this state, including the right to exercise the right of eminent domain. This subsection shall not apply unless the laws of such adjoining state shall permit municipalities, districts, or other political subdivisions of this state to acquire, establish, construct, own, control, lease, equip, improve, maintain, operate and otherwise control such airport, landing field or landing and take-off strips or other aeronautical facilities therein with all privileges, rights and duties applicable to the municipalities or other political subdivisions of such adjoining state in such aeronautical projects.

AB1089,14,25 (4) The governing body of any county, city, village or town city, village, town, county, or district is authorized to appropriate money to any town, city, village or other county, other city, village, town, county, or district for the operation, improvement or acquisition of an airport by such town, city, village or other county other city, village, town, county, or district or any combination of such municipalities or districts.

AB1089,15,5 (5) (intro.) The governing body of any county, city, village or town city, village, town, county, or district in this state may, together with any municipality or other political subdivision of an adjoining state if, under the laws of that state, such municipality or other political subdivision is similarly authorized, jointly sponsor an airport project located in this state or in the adjoining state.

AB1089, s. 38 Section 38. 114.12 of the statutes is amended to read:

AB1089,16,3 114.12 Condemnation of lands for airports. Any lands acquired, owned, controlled or occupied by such counties, cities, villages and towns cities, villages, towns, counties, and districts for the purposes enumerated in s. 114.11 shall and are hereby declared to be acquired, owned, controlled and occupied for a public purpose, and as a matter of public necessity, and such cities, villages, towns or, counties, or districts shall have the right to acquire property for such purpose or purposes under the power of eminent domain as and for a public necessity including property owned by other municipal corporations and political subdivisions and including any street, highway, park, parkway or alley, provided that no state trunk highway shall be so acquired without the prior consent of the department. Whenever the county, city, village or town city, village, town, county, or district as the case may be shall own all land or access rights on both sides of such street, highway, park, parkway or alley, it may, within the limits where it has ownership or access rights on both sides, notwithstanding any other provisions of law, vacate and close such public way by resolution of the governing body of the county, city, village or town city, village, town, county, or district acquiring it and no damages shall be assessed against such county, city, village or town city, village, town, county, or district by reason of such closing, except as may be allowed in a particular condemnation action where the lands or rights in lands necessary for such airport are so acquired. If such closing shall leave any part of such street, highway, parkway or alley without access to another public street or highway, the county, city, village or town city, village, town, county, or district effecting such closing shall immediately provide such access at its expense.

AB1089, s. 39 Section 39. 114.13 of the statutes is amended to read:

AB1089,16,17 114.13 Purchase of land for airports. Private property needed by a county, city, village or town city, village, town, county, or district for an airport or landing field or landing and take-off strip, or property or rights for the protection of the aerial approaches thereof, shall be acquired by purchase if the city, village, town or, county, or district is able to agree with the owners on the terms thereof, and otherwise by condemnation, as provided in s. 32.05. The purchase price or award for real property acquired for an airport or landing field or landing and take-off strip, or property or rights for the protection of the aerial approaches thereof, may be paid for the appropriation of moneys available therefor, or wholly or partly from the proceeds of the sale of bonds of the city, village, town or, county, or district, as the governing body of such city, village, town or, county , or district determines, subject to ch. 67. Such property or rights may be acquired by gift, which the respective governing bodies are authorized to accept.

AB1089, s. 40 Section 40. 114.135 (2) of the statutes is amended to read:

AB1089,18,8 114.135 (2) Notice; claim for damages. In case of any airport landing field or landing and take-off strip owned by any city, village, town or, county, or district or any union of them, the commission or other body in charge of the operation and control of the airport, landing field or landing and take-off strip may prepare and record without charge with the register of deeds plans and specifications showing the protection privileges sought as described in sub. (1). The commission or other body in charge shall send by registered mail with return receipt to each owner at his or her last-known address a notice stating that the plans and specifications have been recorded with the register of deeds' office, stating the county, time of recording, the record number, and a brief description of the parcel of land or interest therein affected. If the address of the owner cannot be ascertained or the registered letter is returned unclaimed, notice shall be sent by registered mail to the person in possession of the premises. If no person is in possession, then the notice shall be posted in a conspicuous place on the land involved and published as a class 3 notice, under ch. 985, in the area affected. The right of the owner to claim for damages for the protection regulations imposed in the plans and specifications, or the removal of obstructions shall be forever barred, unless the owner files a claim for damages with the commission or other body in charge within 6 months from the receipt of the notice from the commission, or other body in charge, or the posting and last publication. The claim shall be verified and shall state the amount of damages claimed. The commission or other body in charge may pay the damages, if it has available funds, and the payment shall operate as a conveyance. If no claims for payment are filed or if payment is made, the commission or other body in charge shall file an affidavit for each parcel involved setting forth the rights acquired which shall be recorded by the register of deeds without charge and when so recorded has the same effect as any recorded instrument. If any owner is a minor or incompetent, the notice may be sent by registered mail to the owner's guardian, if he or she has one, and if there is none the circuit court of the county in which the land, or a larger part, is located shall upon application of the commission or other body in charge appoint a guardian to receive the notice, and to protect the rights of the owner. Any funds payable to the owner shall be cared for in the manner provided in ch. 880. If the commission or other body in charge determines that the damages claimed are excessive, it shall so report to the governing body that established the airport, landing field or landing and take-off strip in question and with its consent may acquire in the name of the governmental body the protection privilege desired in the manner set forth in sub. (1) or it may deposit with the county clerk an award and notify the owner of the land involved in the method specified in this subsection. The landowner may accept the award without prejudice to his or her right to claim and contest for a greater sum. The landowner may, within a period of 6 months after notice of the award, proceed as provided in ch. 32 to have the damages appraised.

AB1089, s. 41 Section 41. 114.135 (4) of the statutes is amended to read:

AB1089,18,23 114.135 (4) Encroachments. The duty to prevent encroachments by growth of trees or other vegetation, or otherwise, upon the protection privileges acquired by any airport, landing field, landing and take-off strip, shall be upon the owner or owners of the parcel of land affected by the protection privilege only in cases where the owner or owners have received compensation for the protection privilege. Any such encroachment is declared to be a private nuisance and may be abated in the manner prescribed in ch. 823. In cases where no compensation has been paid for the protection privilege, encroachments shall be removed by the owner or the authority in charge of the airport, landing field, or landing and take-off strip and shall be, in case of a publicly owned airport, landing field or landing and take-off strip, a city, village, town or, county, or district charge as the case may be. In removing such encroachments, the owner or authority in charge of the airport, landing field or landing and take-off strip in question, may go upon the land and remove the encroachment without being liable for damages in so doing.

AB1089, s. 42 Section 42. 114.135 (9) of the statutes is amended to read:

AB1089,19,8 114.135 (9) Conflicting authority. Wherein conflicting jurisdiction arises over the control of the erection of a building, structure, tower or hazard between the secretary of transportation and any political subdivision of, or district in, the state, the secretary of transportation may overrule rules and regulations adopted by any political subdivision or district under the laws of this state after a public hearing wherein all parties thereto have been given an opportunity to be heard. The secretary may refer such matters to the division of hearings and appeals which shall hear and decide the matter after notice and hearing.