AB150: Bill Text

AB150,1162,7 59.51 (11) File all documents pertaining to security interests in personal property, crops or fixtures that are required or authorized by law to be filed with the register. Except as otherwise prescribed by the secretary of state department of financial institutions pursuant to ss. 409.403 to 409.406, these documents shall be executed on white or light colored sheets of paper, 8 or 8-1/2 inches wide and 5, 7, 10-1/2 or 14 inches long. Whenever there is offered for filing any document that varies more than one-eighth of an inch from the approved size, or that is not on a standard form prescribed by the secretary of state department of financial institutions, then in addition to the regular filing fee an additional filing fee shall be charged by the register of deeds, as prescribed by s. 59.57. No assignment, release or other instrument shall be offered for filing that is executed or endorsed on any other document, but each shall be a separate and distinct document, except those assignments or notices that are printed or written on and immediately following the original agreement or financing statement, offered for filing at the same time, shall be considered as one document. All these documents shall be legibly written, and shall have the names of the debtor and secured party plainly printed or typed on the document and shall provide a space for filing data of the register of deeds on the outside of the document.

AB150, s. 3294 Section 3294. 59.512 (title) of the statutes is amended to read:

AB150,1162,10 59.512 (title) Register of deeds; microfilming and optical imaging disk and electronic storage.

AB150, s. 3295 Section 3295. 59.512 (1) of the statutes is amended to read:

AB150,1163,4 59.512 (1) Except as provided in sub. (2), upon the request of the register of deeds, any county, by board resolution, may authorize the register of deeds to photograph, microfilm or record on optical disks or in electronic format records of deeds, mortgages or other instruments relating to real property or may authorize the register of deeds to record on optical disks or in electronic format instruments relating to security interests in accordance with the requirements of s. 16.61 (7) or 59.145 and to store the original records within the county at a place designated by the board. The storage place for the original records shall be reasonably safe and shall provide for the preservation of the records authorized to be stored under this subsection. The register of deeds shall keep a photograph, microfilm or optical disk or electronic copy of such records in conveniently accessible files in his or her office and shall provide for examination of such reproduction or examination of a copy generated from an optical disk or electronic file in enlarged, easily readable form upon request. Compliance with this subsection satisfies the requirement of s. 59.51 (1) that the register of deeds shall keep such records in his or her office. The register of deeds may make certified copies reproduced from an authorized photograph, from a copy generated from an optical disk or electronic storage or from the original records.

AB150, s. 3296 Section 3296. 59.512 (2) of the statutes is amended to read:

AB150,1163,18 59.512 (2) The register of deeds may microfilm or record on optical disks or in electronic format notices of lis pendens that are at least one year old, in accordance with the requirements of s. 16.61 (7) or 59.145 (2) to (4). The register of deeds shall keep a microfilm or optical disk or electronic copy of notices of lis pendens in conveniently accessible files in his or her office and shall provide for examination of such reproduction or examination of a copy generated from an optical disk or electronic storage in enlarged, easily readable form upon request. Compliance with this subsection satisfies the requirement of s. 59.51 (1) that the register of deeds shall keep such records in his or her office. The register of deeds may make certified copies reproduced from a copy generated from microfilm or from an optical disk or electronic storage. The register of deeds may destroy or move to off-site storage any notice of lis pendens that has been microfilmed or recorded on optical disk or in electronic format under this subsection.

AB150, s. 3297 Section 3297. 59.57 (6) of the statutes is amended to read:

AB150,1164,3 59.57 (6) For performing functions under s. 409.407 (1) and (2) (a) and (b), the register shall charge the fees stated in that section s. 409.407 (2) (a) or (b). A financing statement and an assignment or notice of assignment of the security interest, offered for filing at the same time, shall be considered as only one document for the purpose of this subsection. Whenever there is offered for filing any document that is not on a standard form prescribed by the secretary of state or that varies more than one-eighth of an inch from the approved size as prescribed by s. 59.51, the appropriate fee specified in ss. 409.403 to 409.406 or an additional filing fee of one-half the regular fee, whichever is applicable, shall be charged by the register.

AB150, s. 3298 Section 3298. 59.57 (6) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,1164,14 59.57 (6) For performing functions under s. 409.407 (1) and (2) (a) and (b), the register shall charge the fees stated in s. 409.407 (2) (a) or (b). A financing statement and an assignment or notice of assignment of the security interest, offered for filing at the same time, shall be considered as only one document for the purpose of this subsection. Whenever there is offered for filing any document that is not on a standard form prescribed by the department of financial institutions or that varies more than one-eighth of an inch from the approved size as prescribed by s. 59.51, the appropriate fee specified in ss. 409.403 to 409.406 or an additional filing fee of one-half the regular fee, whichever is applicable, shall be charged by the register.

AB150, s. 3299 Section 3299. 59.635 (6) of the statutes is amended to read:

AB150,1164,18 59.635 (6) Every land surveyor and, every officer of the department of natural resources, every officer of the department of tourism and parks and the district attorney shall enforce this section.

AB150, s. 3300 Section 3300. 59.90 (1) (a) of the statutes is amended to read:

AB150,1165,7 59.90 (1) (a) On or before January 10 of every odd-numbered year, each city, village, town and county officer, and each clerk of every court of record, shall file with the treasurer of that person's county a written report under oath giving the names and the last-known addresses of all persons for whom any such officer or clerk holds money or security, and which has not been claimed for at least one year, and showing the amount of the money or the nature of the security in detail. A duplicate report shall also be mailed to the secretary of state department of financial institutions. Upon receiving the reports the treasurer shall cause to be published a class 3 notice, under ch. 985, on or before February 1 of the same year, which contains the names and last-known addresses of the owners of such unclaimed money or security, and shall state that unless the owners call for and prove their ownership of the money or security, within 6 months from the time of the completed publication, the treasurer will take possession or control of the money or security.

AB150, s. 3301 Section 3301. 60.33 (9) (a) of the statutes is amended to read:

AB150,1165,10 60.33 (9) (a) Perform the clerk's duties under chs. 115 to 121, relating to public instruction education.

AB150, s. 3302 Section 3302. 60.71 (4) (b) of the statutes is amended to read:

AB150,1165,16 60.71 (4) (b) The town board shall publish a class 2 notice, under ch. 985, of the hearing. The notice shall contain an announcement of the hearing and a description of the boundaries of the proposed town sanitary district. The town board shall mail the notice to the department of industry, labor and human relations development and the department of natural resources at least 10 days prior to the hearing.

AB150, s. 3303 Section 3303. 60.71 (4) (c) of the statutes is amended to read:

AB150,1165,25 60.71 (4) (c) Any person may file written comments on the formation of the district with the town clerk. Any owner of property within the boundary of the proposed district may appear at the hearing and offer objections, criticisms or suggestions as to the necessity of the proposed district and the question of whether his or her property will be benefited by the establishment of the district. A representative of the department of industry, labor and human relations development and of the department of natural resources may attend the hearing and advise the town board.

AB150, s. 3304 Section 3304. 61.34 (4) of the statutes is amended to read:

AB150,1166,14 61.34 (4) Village finances. The village board may levy and provide for the collection of taxes and special assessments; may refund any tax or special assessment paid, or any part thereof, when satisfied that the same was unjust or illegal; and generally may manage the village finances. The village board may loan money to any school district located within the village or within which the village is wholly or partially located in such sums as are needed by such district to meet the immediate expenses of operating the schools thereof, and the board of the district may borrow money from such village accordingly and give its note therefor. No such loan shall be made to extend beyond August 30 next following the making thereof or in an amount exceeding one-half of the estimated receipts for such district as certified by the state superintendent department of public instruction education and the local school clerk. The rate of interest on any such loan shall be determined by the village board.

AB150, s. 3305 Section 3305. 62.12 (9) of the statutes is amended to read:

AB150,1166,24 62.12 (9) Loans. The council may loan money to any school district located within the city, or within which the city is wholly or partially located, in such sums as are needed by such district to meet the immediate expenses of operating the schools thereof, and the board of the district may borrow money from such city accordingly and give its note therefor. No such loan shall be made to extend beyond August 30 next following the making thereof or in an amount exceeding one-half of the estimated receipts for such district as certified by the state superintendent department of public instruction education and the local school clerk. The rate of interest on any such loan shall be determined by the city council.

AB150, s. 3306 Section 3306. 66.013 (2) (a) of the statutes is amended to read:

AB150,1167,2 66.013 (2) (a) "Department" means the department of administration development.

AB150, s. 3307 Section 3307. 66.02 of the statutes is amended to read:

AB150,1167,25 66.02 Consolidation. Subject to s. 66.023 (7), any town, village or city may be consolidated with a contiguous town, village or city, by ordinance, passed by a two-thirds vote of all the members of each board or council, fixing the terms of the consolidation and ratified by the electors at a referendum held in each municipality. The ballots shall bear the words, "for consolidation", and "against consolidation", and if a majority of the votes cast thereon in each municipality are for consolidation, the ordinances shall then be in effect and have the force of a contract. The ordinance and the result of the referendum shall be certified as provided in s. 66.018 (5); if a town the certification shall be preserved as provided in ss. 60.03 and 66.018 (5), respectively. Consolidation shall not affect the preexisting rights or liabilities of any municipality and actions thereon may be commenced or completed as though no consolidation had been effected. Any consolidation ordinance proposing the consolidation of a town and another municipality shall, within 10 days after its adoption and prior to its submission to the voters for ratification at a referendum, be submitted to the circuit court and the department of administration development for a determination whether such proposed consolidation is in the public interest. The circuit court shall determine whether the proposed ordinance meets the formal requirements of this section and shall then refer the matter to the department of administration development, which shall find as prescribed in s. 66.014 whether the proposed consolidation is in the public interest in accordance with the standards in s. 66.016. The department's findings shall have the same status as incorporation findings under ss. 66.014 to 66.019.

AB150, s. 3308 Section 3308. 66.021 (7) (a) of the statutes is amended to read:

AB150,1168,16 66.021 (7) (a) An ordinance for the annexation of the territory described in the annexation petition may be enacted by a two-thirds vote of the elected members of the governing body not less than 20 days after the publication of the notice of intention to circulate the petition and not later than 120 days after the date of filing with the city or village clerk of the petition for annexation or of the referendum election if favorable to the annexation. If the annexation is subject to sub. (11) the governing body shall first review the reasons given by the department of administration development that the proposed annexation is against the public interest. Subject to s. 59.971 (7), such an ordinance may temporarily designate the classification of the annexed area for zoning purposes until the zoning ordinance is amended as prescribed in s. 62.23 (7) (d). Before introduction of an ordinance containing such temporary classification, the proposed classification shall be referred to and recommended by the plan commission. The authority to make such temporary classification shall not be effective when the county ordinance prevails during litigation as provided in s. 59.97 (7).

AB150, s. 3309 Section 3309. 66.021 (11) (a) of the statutes is amended to read:

AB150,1169,5 66.021 (11) (a) Annexations within populous counties. No annexation proceeding within a county having a population of 50,000 or more shall be valid unless the person causing a notice of annexation to be published under sub. (3) shall within 5 days of the publication mail a copy of the notice, legal description and a scale map of the proposed annexation to the clerk of each municipality affected and the department of administration development. The department may within 20 days after receipt of the notice mail to the clerk of the town within which the territory lies and to the clerk of the proposed annexing village or city a notice that in its opinion the annexation is against the public interest. No later than 10 days after mailing the notice, the department shall advise the clerk of the town in which the territory is located and the clerk of the village or city to which the annexation is proposed of the reasons the annexation is against the public interest as defined in par. (c). The annexing municipality shall review the advice before final action is taken.

AB150, s. 3310 Section 3310. 66.021 (11) (c) (intro.) of the statutes is amended to read:

AB150,1169,9 66.021 (11) (c) Definition of public interest. (intro.) For purposes of this subsection public interest is determined by the department of administration development after consideration of the following:

AB150, s. 3311 Section 3311. 66.021 (12) of the statutes is amended to read:

AB150,1169,23 66.021 (12) Unanimous approval. If a petition for direct annexation signed by all of the electors residing in the territory and the owners of all of the real property in the territory is filed with the city or village clerk, and with the town clerk of the town or towns in which the territory is located, together with a scale map and a legal description of the property to be annexed, an annexation ordinance for the annexation of the territory may be enacted by a two-thirds vote of the elected members of the governing body of the city or village without compliance with the notice requirements of sub. (3). In such annexations, subject to sub. (11), the person filing the petition with the city or village clerk and the town clerk shall, within 5 days of the filing, mail a copy of the scale map and a legal description of the territory to be annexed to the department of administration development and the governing body shall review the advice of the department, if any, before enacting the annexation ordinance.

AB150, s. 3312 Section 3312. 66.021 (15) of the statutes is amended to read:

AB150,1170,20 66.021 (15) Annexation of town islands. Upon its own motion, a city or village by a two-thirds vote of the entire membership of its governing body may enact an ordinance annexing territory which comprises a portion of a town or towns and which was completely surrounded by territory of the city or village on December 2, 1973. The ordinance shall include all surrounded town areas except those exempt by mutual agreement of all of the governing bodies involved. The annexation ordinance shall contain a legal description of the territory and the name of the town or towns from which the territory is detached. Upon enactment of the ordinance, the city or village clerk immediately shall file 6 certified copies of the ordinance in the office of the secretary of state, together with 6 copies of a scale map. The secretary of state shall forward 2 copies of the ordinance and scale map to the department of transportation, one copy to the department of natural resources, one copy to the department of revenue and one copy to the department of administration development. This subsection does not apply if the town island was created only by the annexation of a railroad right-of-way or drainage ditch. This subsection does not apply to land owned by a town government which has existing town government buildings located thereon. No town island may be annexed under this subsection if the island consists of over 65 acres or contains over 100 residents. After December 2, 1973, no city or village may, by annexation, create a town area which is completely surrounded by the city or village.

AB150, s. 3313 Section 3313. 66.03 (3) (c) of the statutes is amended to read:

AB150,1171,9 66.03 (3) (c) When as a result of any annexation whereby a school district is left without a school building, any moneys are received by such school district as a result of the division of assets and liabilities required by s. 66.03, which are derived from values that were capital assets, such moneys and interest thereon shall be held in trust by such school district and dispensed only for procuring new capital assets or remitted to an operating district as the remainder of the suspended district becomes a part of such operating district, and shall in no case be used to meet current operating expenditures. This shall include any funds in the hands of any district officers on July 1, 1953, resulting from such action previously taken under s. 66.03. The boards involved shall, as part of their duties in division of assets and liabilities in school districts, make a written report of the allocation of assets and liabilities to the state superintendent department of public instruction education and any local superintendent of schools whose territory is involved in the division of assets.

AB150, s. 3314 Section 3314. 66.03 (5) of the statutes is amended to read:

AB150,1172,14 66.03 (5) Apportionment board. The boards or councils of the municipalities, or committees, thereof selected for that purpose, acting together, shall constitute an apportionment board. When any municipality is dissolved by reason of all of its territory being so transferred the board or council thereof existing at the time of such dissolution shall, for the purpose of this section, continue to exist as the governing body of such municipality until there has been an apportionment of assets by agreement of the interested municipalities or by an order of the circuit court. After an agreement for apportionment of assets has been entered into between the interested municipalities, or an order of the circuit court becomes final, a copy of such apportionment agreement, or of such order, certified to by the clerks of the interested municipalities, shall be filed with the department of revenue, the department of natural resources, the department of transportation, the state superintendent department of public instruction education, the department of administration, and with any other department or agency of the state from which the town may be entitled by law to receive funds or certifications or orders relating to the distribution or disbursement of funds, with the county treasurer, with the treasurer of any municipality, or with any other entity from which payment would have become due if such dissolved municipality from which such territory was transferred had continued in existence. Thereafter payments from the shared revenue account made pursuant to ch. 79, payments of forest crop taxes under s. 77.05, of transportation aids under s. 20.395, of state aids for school purposes under ch. 121, payments for managed forest land under subch. VI of ch. 77 and all payments due from a department or agency of the state, from a county, from a municipality, or from any other entity from which payments would have become due if such dissolved municipality from which such territory was transferred had continued in existence, shall be paid to the interested municipality as provided by such agreement for apportionment of assets or by any order of apportionment by the circuit court and such payments shall have the same force and effect as if made to the dissolved municipality from which such territory was transferred.

AB150, s. 3315 Section 3315. 66.04 (2) (a) 3s. of the statutes is created to read:

AB150,1172,17 66.04 (2) (a) 3s. Bonds issued by the University of Wisconsin Hospitals and Clinics Authority.

AB150, s. 3316 Section 3316. 66.06 (2) of the statutes is amended to read:

AB150,1172,22 66.06 (2) Limitation. Nothing in ss. 66.06 to 66.078 shall be construed as depriving the office of the commissioner of railroads, department of transportation or public service commission of any power conferred by ss. 195.05 and 197.01 to 197.10 and ch. 196.

AB150, s. 3317 Section 3317. 66.122 (2) of the statutes is amended to read:

AB150,1173,4 66.122 (2) Except in cases of emergency where no special inspection warrant shall be required, special inspection warrants shall be issued for inspection of personal or real properties which are not public buildings or for inspection of portions of public buildings which are not open to the public only upon showing that consent to entry for inspection purposes has been refused. The definition of "public building" under s. 101.01 (2) (g) (12) applies to this section.

AB150, s. 3318 Section 3318. 66.293 (3) (i) of the statutes is amended to read:

AB150,1173,12 66.293 (3) (i) The department of industry, labor and human relations or the contracting municipality may demand and examine copies of any payrolls and other records and information relating to the wages paid laborers, workmen or mechanics on work to which this subsection applies. The department may inspect records in the manner provided in ch. 101 chs. 103 to 106. Every contractor, subcontractor or agent is subject to the requirements of ch. 101 chs. 103 to 106 relating to examination of records.

AB150, s. 3319 Section 3319. 66.293 (3) (k) of the statutes is amended to read:

AB150,1173,17 66.293 (3) (k) The provisions of s. 101.02 103.005 (5) (f), (11), (12), and (13) and (14) apply to this subsection. Section 111.322 (2m) applies to discharge or other discriminatory acts arising in connection with any proceeding under this subsection, including proceedings under par. (a).

AB150, s. 3320 Section 3320. 66.30 (6) (g) of the statutes is amended to read:

AB150,1174,2 66.30 (6) (g) At least 30 days prior to entering into a contract under this subsection or a modification or extension of the contract, the school boards of the districts involved or their designated agent shall file the proposed agreement with the state superintendent department of education to enable the state superintendent or state superintendent's designee department to assist and advise the school boards involved in regard to the applicable recognized accounting procedure for the administration of the school aid programs. The state superintendent department of education shall review the terms of the proposed contract to ensure that each participating district's interests are protected.

AB150, s. 3321 Section 3321. 66.40 (9) (v) of the statutes is amended to read:

AB150,1174,11 66.40 (9) (v) To establish a procedure for preservation of the records of the authority by the use of microfilm, another reproductive device, or optical imaging, or electronic formatting if authorized under s. 19.21 (4) (c). Any such procedure shall assure that copies of such records that are open to public inspection continue to be available to members of the public requesting them. A photographic reproduction of a record or copy of a record generated from optical disk or electronic storage is deemed the same as an original record for all purposes if it meets the applicable standards established in ss. 16.61 and 16.612.

AB150, s. 3322 Section 3322. 66.412 of the statutes is amended to read:

AB150,1175,6 66.412 Urban redevelopment; transfer of land. Notwithstanding any requirement of law to the contrary or the absence of direct provision therefor in the instrument under which a fiduciary is acting, every executor, administrator, trustee, guardian or other person, holding trust funds or acting in a fiduciary capacity, unless the instrument under which such fiduciary is acting expressly forbids, the state, its subdivisions, cities, all other public bodies, all public officers, corporations organized under or subject to the provisions of the banking law, the commissioner of banking department of financial institutions as conservator, liquidator or rehabilitator of any such person, partnership or corporation, persons, partnerships and corporations organized under or subject to the provisions of the banking law, the commissioner of insurance as conservator, liquidator or rehabilitator of any such person, partnership or corporation, any of which owns or holds any real property within a development area, may grant, sell, lease or otherwise transfer any such real property to a redevelopment corporation, and receive and hold any cash, stocks, income debentures, mortgages, or other securities or obligations, secured or unsecured, exchanged therefor by such redevelopment corporation, and may execute such instruments and do such acts as may be deemed necessary or desirable by them or it and by the redevelopment corporation in connection with the development and the development plan.

AB150, s. 3323 Section 3323. 66.416 (2) of the statutes is amended to read:

AB150,1175,25 66.416 (2) Certificates, bonds and notes, or part interests therein, or any part of an issue thereof, which are issued by a redevelopment corporation and secured by a first mortgage on the real property of the redevelopment corporation, or any part thereof, shall be securities in which all the following persons, partnerships or corporations and public bodies or public officers may legally invest the funds within their control, but the principal amount thereof shall not exceed the limits, if any, imposed by law for such investments by the person, partnership, corporation, public body or public officer making the investment: Every executor, administrator, trustee, guardian, committee or other person or corporation holding trust funds or acting in a fiduciary capacity; the state, its subdivisions, cities, all other public bodies, all public officers; persons, partnerships and corporations organized under or subject to the provisions of the banking law (including savings banks, savings and loan associations, trust companies, bankers and private banking corporations); the commissioner of banking department of financial institutions as conservator, liquidator or rehabilitator of any such person, partnership or corporation; persons, partnerships or corporations organized under or subject to chs. 600 to 646; and the commissioner of insurance as conservator, liquidator or rehabilitator of any such person, partnership or corporation.

AB150, s. 3324 Section 3324. 66.431 (5) (a) 5. of the statutes is amended to read:

AB150,1176,9 66.431 (5) (a) 5. To establish a procedure for preservation of the records of the authority by the use of microfilm, another reproductive device, or optical imaging or electronic formatting, if authorized under s. 19.21 (4) (c). Any such procedure shall assure that copies of such records that are open to public inspection continue to be available to members of the public requesting them. A photographic reproduction of a record or copy of a record generated from optical disk or electronic storage is deemed the same as an original record for all purposes if it meets the applicable standards established in ss. 16.61 and 16.612.

AB150, s. 3325 Section 3325. 66.432 (1) of the statutes is amended to read:

AB150,1176,21 66.432 (1) Declaration of policy. The right of all persons to have equal opportunities for housing regardless of their sex, race, color, physical condition, disability as defined in s. 101.22 106.04 (1m) (g), sexual orientation as defined in s. 111.32 (13m), religion, national origin, marital status, family status as defined in s. 101.22 106.04 (1m) (k), lawful source of income, age or ancestry is a matter both of statewide concern under s. 101.22 106.04 and also of local interest under this section and s. 66.433. The enactment of s. 101.22 106.04 by the legislature shall not preempt the subject matter of equal opportunities in housing from consideration by political subdivisions, and shall not exempt political subdivisions from their duty, nor deprive them of their right, to enact ordinances which prohibit discrimination in any type of housing solely on the basis of an individual being a member of a protected class.

AB150, s. 3326 Section 3326. 66.432 (1m) (a) of the statutes is amended to read:

AB150,1176,24 66.432 (1m) (a) "Aggrieved person" has the meaning given in s. 101.22 106.04 (1m) (b).

AB150, s. 3327 Section 3327. 66.432 (1m) (b) of the statutes is amended to read:

AB150,1177,2 66.432 (1m) (b) "Complainant" has the meaning given in s. 101.22 106.04 (1m) (c).

AB150, s. 3328 Section 3328. 66.432 (1m) (c) of the statutes is amended to read:

AB150,1177,5 66.432 (1m) (c) "Discriminate" has the meaning given in s. 101.22 106.04 (1m) (h).

AB150, s. 3329 Section 3329. 66.432 (1m) (d) of the statutes is amended to read:

AB150,1177,8 66.432 (1m) (d) "Member of a protected class" has the meaning given in s. 101.22 106.04 (1m) (nm).

AB150, s. 3330 Section 3330. 66.432 (2) of the statutes is amended to read:

AB150,1177,23 66.432 (2) Antidiscrimination housing ordinances. Political subdivisions may enact ordinances prohibiting discrimination in housing within their respective boundaries solely on the basis of an individual being a member of a protected class. Such an ordinance may be similar to s. 101.22 106.04 (1) to (8) or may be more inclusive in its terms or in respect to the different types of housing subject to its provisions, but any such ordinance establishing a forfeiture as a penalty for violation shall not be for an amount that is less than the statutory forfeitures under s. 101.22 106.04. Such an ordinance may permit a complainant, aggrieved person or respondent to elect to remove the action to circuit court after a finding has been made that there is reasonable cause to believe that a violation of the ordinance has occurred. Such an ordinance may also authorize the political subdivision, at any time after a complaint has been filed alleging an ordinance violation, to file a complaint in circuit court seeking a temporary injunction or restraining order pending final disposition of the complaint.

AB150, s. 3331 Section 3331. 66.46 (6) (a) of the statutes is amended to read:

AB150,1178,19 66.46 (6) (a) If the joint review board approves the creation of the tax incremental district under sub. (4m), positive tax increments with respect to a tax incremental district are allocated to the city which created the district for each year commencing after the date when a project plan is adopted under sub. (4) (g). The department of revenue shall not authorize allocation of tax increments until it determines from timely evidence submitted by the city that each of the procedures and documents required under sub. (4) (d) to (f) have been completed and all related notices given in a timely manner. The department of revenue may authorize allocation of tax increments for any tax incremental district only if the city clerk and assessor annually submit to the department all required information on or before the 2nd Monday in June. The facts supporting any document adopted or action taken to comply with sub. (4) (d) to (f) shall not be subject to review by the department of revenue under this paragraph. Thereafter, the department of revenue shall annually authorize allocation of the tax increment to the city that created such a district until the department of revenue receives a notice under sub. (8) and the notice has taken effect under sub. (8) (b), 27 years after the tax incremental district is created if the district is created before October 1, 1994, or 23 years after the tax incremental district is created if the district is created after September 30, 1994, whichever is sooner.

AB150, s. 3332 Section 3332. 66.46 (6) (c) of the statutes is amended to read:

AB150,1179,15 66.46 (6) (c) Except for tax increments allocated under par. (d) or (e), all tax increments received with respect to a tax incremental district shall, upon receipt by the city treasurer, be deposited into a special fund for that district. The city treasurer may deposit additional moneys into such fund pursuant to an appropriation by the common council. No moneys may be paid out of such fund except to pay project costs with respect to that district, to reimburse the city for such payments, to pay project costs of a district under par. (d) or (e) or to satisfy claims of holders of bonds or notes issued with respect to such district. Subject to par. (d) or (e), moneys paid out of the fund to pay project costs with respect to a district may be paid out before or after the district is terminated under sub. (7). Subject to any agreement with bondholders, moneys in the fund may be temporarily invested in the same manner as other city funds if any investment earnings are applied to reduce project costs. After all project costs and all bonds and notes with respect to the district have been paid or the payment thereof provided for, subject to any agreement with bondholders, if there remain in the fund any moneys that are not allocated under par. (d) or (e), they shall be paid over to the treasurer of each county, school district or other tax levying municipality or to the general fund of the city in the amounts that belong to each respectively, having due regard for that portion of the moneys, if any, that represents tax increments not allocated to the city and that portion, if any, that represents voluntary deposits of the city into the fund.

AB150, s. 3333 Section 3333. 66.46 (6) (d) 2. of the statutes is amended to read:

AB150,1179,20 66.46 (6) (d) 2. No Except as provided in subd. 2m., no tax increments may be allocated under this paragraph later than 16 years after the last expenditure identified in the project plan of the tax incremental district, the positive tax increments of which are to be allocated, is made.

AB150, s. 3334 Section 3334. 66.46 (6) (d) 2m. of the statutes is created to read:

AB150,1179,25 66.46 (6) (d) 2m. No tax increments may be allocated under this paragraph later than 20 years after the last expenditure identified in the project plan of the tax incremental district, the positive tax increments of which are to be allocated, is made if the district is created before October 1, 1994.

AB150, s. 3335 Section 3335. 66.46 (6) (e) of the statutes is created to read:

AB150,1180,7 66.46 (6) (e) 1. Before the date on which a tax incremental district terminates under sub. (7) (a), but not later than the date on which a tax incremental district terminates under sub. (7) (am), a planning commission may amend under sub. (4) (h) the project plan of such a tax incremental district to allocate positive tax increments generated by that tax incremental district to another tax incremental district created by that planning commission if all of the following conditions are met:

AB150,1180,10 a. The donor tax incremental district, the positive tax increments of which are to be allocated, and the recipient tax incremental district have the same overlying taxing jurisdictions.

AB150,1180,12 b. The donor tax incremental district and the recipient tax incremental district have been created before October 1, 1994.

AB150,1180,17 2. Each year, the city that created the tax incremental districts may determine the portion of the donor tax incremental district's positive tax increment that is in excess of the tax increment that is necessary to pay the donor's project costs in that year that shall be allocated to the recipient tax incremental district and shall inform the department of revenue of these amounts.