1999 Wisconsin Act 150

(d) Consolidation of territory under s. 66.02 66.0229.

(e) Detachment of territory under s. 66.022 66.0227.

(f) Municipal boundary agreements fixed by judgment under s. 66.027 66.0225.

(o) Impact fee ordinances that are enacted or amended under s. 66.55 66.0617.

150,75 Section 75. 66.03 of the statutes is renumbered 66.0235, and 66.0235 (1), (2), (2c) (a) 2., (2m) to (10), (11) (a) 4. and (b) and (13) (a) 1. and (aa) to (c), as renumbered, are amended to read:

66.0235 (1) Definition. In this section, "municipality local governmental unit" includes means town sanitary districts, school districts, technical college districts, towns, villages and cities.

(2) Basis. (a) Except as otherwise provided in this section or in s. 60.79 (2) (c) when territory is transferred, in any manner provided by law, from one municipality local governmental unit to another, there shall be assigned to such other municipality the latter local governmental unit such proportion of the assets and liabilities of the first municipality local governmental unit as the assessed valuation of all taxable property in the territory transferred bears to the assessed valuation of all the taxable property of the entire municipality local governmental unit from which said the territory is taken according to the last assessment roll of such municipality the local governmental unit. The clerk of any municipality a local governmental unit to which territory is transferred as aforesaid, within 30 days of the effective date of such the transfer, shall certify to the clerk of the municipality local governmental unit from which such territory was transferred and to the clerk of the school district in which such the territory is located a metes and bounds description of the land area involved and upon. Upon receipt of such the description the clerk of the municipality local governmental unit from which such the territory was transferred shall certify to the department of revenue and to the clerk of the school district in which such the territory is located the latest assessed value of the real and personal property located within the transferred territory, and shall make such any further reports as may be needed by the department of revenue in the performance of duties required by law.

(b) When the transfer of territory from one municipality local governmental unit to another results from the incorporation of a new city or village, the proportion of the assets and liabilities assigned to such the new city or village shall be based on the average assessed valuation for the preceding 5 years of the property transferred in proportion to the average assessed valuation for the preceding 5 years of all the taxable property of the entire municipality local governmental unit from which said the territory is taken, according to the assessment rolls of such municipality the local governmental unit for said those years. In any such case the The certification by the clerk of the municipality local governmental unit from which territory was transferred because of the incorporation shall include the assessed value of the real and personal property within the territory transferred for each of the last 5 years. The preceding 5 years shall include the assessment rolls for the 5 calendar years prior to the incorporation.

(2c) (a) 2. The clerk of any school district to which territory is transferred, within 30 days of the effective date of the transfer, shall certify to the clerk of the municipality local governmental unit from which the territory was transferred a metes and bounds description of the land area involved. Upon receipt of the description the clerk of the municipality local governmental unit from which the territory was transferred shall certify to the department of revenue the latest assessed value of the real and personal property located within the transferred territory, file one copy of the certification with the school district clerk and one copy with the department of public instruction and make such any further reports as are needed by the department of revenue in the performance of duties required by law.

(2m) Attachment and detachment within 5 years. Whenever If territory is attached to or consolidated with a school district, and the territory or any part thereof of the territory is detached therefrom from the district within 5 years after the attachment or consolidation, the school district to which it is transferred shall be is entitled, in the apportionment of assets and liabilities, only to the assets or liabilities or proportionate part thereof apportioned to the school district as the result of the original attachment or consolidation.

(3) Real estate. (a) The title to real estate shall may not be transferred under this section except by agreement, but the value thereof of real estate shall be included in determining the assets of the municipality local governmental unit owning the same real estate and in making the adjustment of assets and liabilities.

(b) The right to possession and control of school buildings and sites shall pass passes to the school district in which they are situated immediately upon the attachment or detachment of any school district territory becoming effective, except that in 1st class city school districts the right to possession and control of school buildings and sites shall pass passes on July 1 following the adoption of the ordinance authorized by s. 66.021 (7) 66.0217 (8). The asset value of school buildings and sites shall be the value of the use thereof of the buildings and sites, which shall be determined at the time of adjustment of assets and liabilities.

(c) When as a result of any an annexation whereby a school district is left without a school building, any moneys are received by such the school district as a result of the division of assets and liabilities required by s. 66.03 this section, which are derived from values that were capital assets, such the moneys and interest thereon on the moneys shall be held in trust by such the 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 the operating district, and shall in no case may not 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 of public instruction and any local superintendent of schools whose territory is involved in the division of assets.

(4) Public utilities. Any A public utility plant, including any dam, power house, power transmission line and other structures and property operated and used in connection therewith shall belong with the plant, belongs to the municipality local governmental unit in which the major portion of the patrons of such the utility reside. The value of such the utility, unless fixed by agreement of all parties interested shall be determined and fixed by the public service commission upon notice to the municipalities local governmental units interested, in the manner provided by law. The commission shall certify the amount of the compensation to the clerks of each municipality local governmental unit interested and said that amount shall be used by the apportionment board or boards in adjusting assets and liabilities.

(5) Apportionment board. The boards or councils of the municipalities local governmental units, or committees, thereof selected for that purpose, acting together, shall constitute an apportionment board. When any municipality a local governmental unit is dissolved by reason of because all of its territory being so is transferred the board or council thereof of the local governmental unit existing at the time of such dissolution shall, for the purpose of this section, continue to exist as the governing body of such municipality the local governmental unit until there has been an apportionment of assets by agreement of the interested municipalities local governmental units or by an order of the circuit court. After an agreement for apportionment of assets has been entered into between the interested municipalities local governmental units, or an order of the circuit court becomes final, a copy of such the apportionment agreement, or of such the order, certified to by the clerks of the interested municipalities local governmental units, shall be filed with the department of revenue, the department of natural resources, the department of transportation, the state superintendent of public instruction, 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 local governmental unit, or with any other entity from which payment would have become due if such the dissolved municipality from which such territory was transferred local governmental unit had continued in existence. Subject to ss. 79.006 and 86.303 (4), 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 local governmental unit, or from any other entity from which payments would have become due if such the dissolved municipality from which such territory was transferred local governmental unit had continued in existence, shall be paid to the interested municipality local governmental unit as provided by such the agreement for apportionment of assets or by any order of apportionment by the circuit court and such the payments shall have the same force and effect as if made to the dissolved municipality from which such territory was transferred local governmental unit.

(6) Meeting. The board or council of the municipality local governmental unit to which the territory is transferred shall fix a time and place for meeting and cause give a written notice thereof of the meeting to be given the clerk of the municipality local governmental unit from which the territory is taken at least 5 days prior to the date of the meeting. The apportionment may be made only by a majority of the members from each municipality local governmental unit who attend, and in case of committees, the action must shall be affirmed by the board or council represented by the committee.

(7) Adjustment, how made. (a) The apportionment board shall determine, except for public utilities, such assets and liabilities from the best information obtainable and shall assign to the municipality local governmental unit to which the territory is transferred its proper proportion thereof of assets and liabilities by assigning the excess of liabilities over assets, or by assigning any particular asset or liability to either municipality local governmental unit, or in such other another manner as will best meet that meets the requirements of the particular case.

(b) If a proportionate share of any indebtedness existing by reason of municipal bonds or other obligations outstanding is assigned to any municipality a local governmental unit, that municipality local governmental unit shall cause to be levied and collected levy and collect upon all its taxable property, in one sum or in annual instalments, the amount necessary to pay the principal and interest thereon when due, and shall pay the amount so collected to the treasurer of the municipality local governmental unit which issued the bonds or incurred the obligations. The treasurer shall apply the moneys so received strictly to the payment of such the principal and interest.

(c) If the asset apportioned consists of an aid or tax to be distributed in the future according to population, the apportionment board shall certify to the officer, agency or department responsible for making the distribution each municipality's local governmental unit's proportionate share of such the asset as determined in accordance with sub. (2). The officer, agency or department shall thereafter distribute such the aid or tax directly to the several municipalities local governmental units according to such the certification until the next federal census.

(8) Appeal to court. In case If the apportionment board is unable to agree, the circuit court of the county in which either municipality local governmental unit is situated, may, upon the petition of either municipality local governmental unit, make the adjustment of assets and liabilities pursuant to under this section, including review of any alternative method provided for in sub. (2c) (b) and the correctness of the findings thereunder made under sub. (2c) (b).

(9) Transcript of records. When If territory shall be is detached from a municipality by creation of a new municipality or otherwise local governmental unit, the proper officer of the municipality local governmental unit from which the territory was detached shall furnish, upon demand by the proper officer of the municipality local governmental unit created from the detached territory or to which it is annexed, an authenticated transcript of all public records in that officer's office pertaining to the detached territory. The municipality local governmental unit receiving the transcript shall pay therefor for the transcript.

(10) State trust fund loans. When territory transferred in any manner provided by law from one municipality local governmental unit to another is liable for state trust fund loans secured under subch. II of ch. 24, the clerk of the municipality local governmental unit to which territory is transferred shall within 30 days of the effective date of such the transfer certify a metes and bounds description of the transferred area to the clerk of the municipality local governmental unit from which the land was transferred. Thereupon, the The clerk of the municipality local governmental unit from which such territory was transferred shall then certify to the board of commissioners of public lands: (a) the effective date of such the transfer of territory; (b), the last preceding assessed valuation of the territory liable for state trust fund loans prior to before transfer of a part of such the territory; (c) and the assessed valuation of the territory so transferred. Thereafter, the The board shall in making its annual certifications of the amounts due on account of state trust fund loans distribute annual charges for interest and principal on any such outstanding loans covered by this subsection in the proportion that the assessed valuation of the territory so transferred shall bear bears to the assessed valuation of the area liable for state trust fund loans as constituted immediately before the transfer of territory, provided, however, that any. A transfer of territory effective subsequent to January 1 of any year shall may not be considered until the succeeding year.

(11) (a) 4. The name of the school district to which the transfer was made immediately after the effective date of such the transfer.

(b) Thereafter, in In making their the annual certifications of the amounts due on account of state trust fund loans the board of commissioners of public lands shall use the new name of the school district, provided that any. A transfer of territory effective subsequent to January 1 of any year shall may not be considered by it until the succeeding year.

(13) (a) 1. Subject to subd. 2., if any territory is annexed, detached or incorporated in any year, general property taxes levied against the territory shall be collected by the treasurer of the municipality local governmental unit in which the territory was located on January 1 of such year, and all moneys collected from the tax levied for local municipal purposes shall be allocated to each of the municipalities local governmental units on the basis of the portion of the calendar year the territory was located in each of the municipalities local governmental units, and paid accordingly.

(aa) Apportionment when town is nonexistent. If the town in which territory was located on January 1 is nonexistent when the city or village determines its budget, any taxes certified to the town or required by law to be levied against such the territory shall be included in the budget of the city or village and levied against such the territory, together with the city or village tax for local municipal purposes.

(b) Special taxes and assessments. Whenever If territory is transferred from one municipality local governmental unit to another by annexation, detachment, consolidation or incorporation, or returns to its former status by reason of court determination, any special tax or assessment outstanding against any property in the territory shall be collected by the treasurer of the municipality wherein local governmental unit in which the property is located, according to the terms of the ordinance or resolution levying such the tax or assessment. Such The special tax or assessment, when collected, shall be paid to the treasurer of the municipality local governmental unit which levied the special tax or assessment, or if the municipality local governmental unit is nonexistent, the collecting treasurer shall apply the collected funds to any obligation for which purpose the tax or assessment was levied and which remains outstanding; provided that if . If no such obligation is outstanding, the collected funds shall be paid into the school fund of the school district in which the territory is located.

(bb) Apportionment when court returns territory to former status. Whenever If territory which has been annexed, consolidated, detached or incorporated returns to its former status by reason of a final court determination, there shall be an apportionment of general property taxes and current aids and shared revenues to adjust such assets between the municipalities local governmental units, and no other apportionment of assets and liabilities. The basis of the apportionment shall be determined by the apportionment board subject to appeal to the circuit court, but the. The apportionment shall insofar as to the extent practicable equitably adjust such assets the taxes, aids and revenues between the municipalities local governmental units involved on the basis of the portion of the calendar year the territory was located in the respective municipalities local governmental units.

(c) Certification by clerk. The clerk of the municipality local governmental unit which assessed such the special and general tax and special assessment shall certify to the clerk of the municipality local governmental unit to which the territory was attached or returned, a list of all the property located therein in the attached or returned territory to which is charged any uncollected taxes and assessments. The certification shall be made within 30 days after the effective date of the transfer of the property, but failure to so certify shall does not affect the validity of the claim.

150,76 Section 76. Subchapter III (title) of chapter 66 [precedes 66.0301] of the statutes is created to read:

Chapter 66

Subchapter III
INTERGOVERNMENTAL COOPERATION

150,77 Section 77. 66.0303 (title) and (1) of the statutes are created to read:

66.0303 (title) Municipal interstate cooperation. (1) In this section, "municipality" has the meaning given in s. 66.0301 (1) (a).

150,78 Section 78. 66.031 (title) of the statutes is renumbered 66.0401 (title) and amended to read:

66.0401 (title) Regulation of relating to solar and wind energy systems.

Note: Amends the title to reflect the consolidation of current ss. 66.031 and 66.033.

150,79 Section 79. 66.031 of the statutes is renumbered 66.0401 (1), and 66.0401 (1) (intro.), as renumbered, is amended to read:

66.0401 (1) Authority to restrict systems limited. (intro.) No county, city, town or village may place any restriction, either directly or in effect, on the installation or use of a solar energy system, as defined in s. 13.48 (2) (h) 1. g., or a wind energy system, as defined in s. 66.032 66.0415 (1) (m), unless the restriction satisfies one of the following conditions:

150,80 Section 80. 66.0311 (title) and (1) of the statutes are created to read:

66.0311 (title) Intergovernmental cooperation in financing and undertaking housing projects. (1) In this section, "municipality" has the meaning given in s. 66.0301 (1) (a).

150,81 Section 81. 66.0313 (1) of the statutes is created to read:

66.0313 (1) In this section, "law enforcement agency" has the meaning given in s. 165.83 (1) (b).

Note: Creates a definition of the term "law enforcement agency" for use in renumbered s. 66.0313 (2) as shown in Section 363 of this bill.

150,82 Section 82. 66.032 of the statutes is renumbered 66.0403, and 66.0403 (1) (h), as renumbered, is amended to read:

66.0403 (1) (h) "Owner" means at least one owner, as defined under s. 66.021 (1) (b) 66.0217 (1) (c), of a property or the personal representative of at least one owner.

150,83 Section 83 . 66.033 (title) of the statutes is repealed.

150,84 Section 84 . 66.033 of the statutes is renumbered 66.0401 (2) and amended to read:

66.0401 (2) Authority to require trimming of blocking vegetation. Any A county, city, village or town may provide by ordinance for the trimming of vegetation which blocks solar energy, as defined in s. 66.032 66.0415 (1) (k), from a collector surface, as defined under s. 700.41 (2) (b), or which block blocks wind from a wind energy system, as defined in s. 66.032 66.0415 (1) (m). The ordinance may include, but is not limited to, a designation of responsibility for the costs of the trimming. The ordinance may not require the trimming of vegetation that was planted by the owner or occupant of the property on which the vegetation is located before the installation of the solar or wind energy system.

150,85 Section 85. 66.034 of the statutes, as created by 1999 Wisconsin Act 9, is renumbered 66.1027.

150,86 Section 86. 66.035 of the statutes is repealed.

Note: The substance of the repealed section is restated in new s. 66.0103. See Section 28 of this bill.

150,87 Section 87. 66.036 of the statutes is renumbered 145.195.

150,88 Section 88. 66.037 of the statutes is renumbered 66.1111.

150,89 Section 89. 66.04 (title) of the statutes is renumbered 66.0601 (title).

150,90 Section 90. 66.04 (1) of the statutes is renumbered 66.0601 (1) (a) and amended to read:

66.0601 (1) (a) Bonus to state institution . No appropriation or bonus of any kind, except for a donation, may be made by any a town, village, or city, nor any municipal liability created nor tax levied, as a consideration or inducement to the state to locate any public educational, charitable, reformatory, or penal institution.

150,91 Section 91. 66.04 (1m) (title) of the statutes is repealed.

150,92 Section 92. 66.04 (1m) (a) and (b) of the statutes, as affected by 1999 Wisconsin Act 9, are renumbered 66.0601 (1) (b) and (c).

150,93 Section 93. 66.04 (2), (2m) and (2s) of the statutes are renumbered 66.0603 (1), (2) and (3), and 66.0603 (1) (a) (intro.) and (b) to (d) and (2) (intro.), as renumbered, are amended to read:

66.0603 (1) (a) (intro.) Any A county, city, village, town, school district, drainage district, technical college district or other governing board as defined by s. 34.01 (1) may invest any of its funds not immediately needed in any of the following:

(b) Any A town, city or village may invest surplus funds in any bonds or securities issued under the authority of the municipality, whether the bonds or securities create a general municipality liability or a liability of the property owners of the municipality for special improvements, and may sell or hypothecate the bonds or securities. Funds of any an employer, as defined by s. 40.02 (28), in a deferred compensation plan may also be invested and reinvested in the same manner authorized for investments under s. 881.01 (1).

(c) Any A local government, as defined under s. 25.50 (1) (d), may invest surplus funds in the local government pooled-investment fund. Cemetery care funds, including gifts where the principal is to be kept intact, may also be invested under ch. 881.

(d) Any A county, city, village, town, school district, drainage district, technical college district or other governing board as defined by s. 34.01 (1) may engage in financial transactions in which a public depository, as defined in s. 34.01 (5), agrees to repay funds advanced to it by the local government plus interest, if the agreement is secured by bonds or securities issued or guaranteed as to principal and interest by the federal government.

(2) Delegation of investment authority. (intro.) Any A county, city, village, town, school district, drainage district, technical college district or other governing board, as defined in s. 34.01 (1), may delegate the investment authority over any of its funds not immediately needed to a state or national bank, or trust company, which is authorized to transact business in this state if all of the following conditions are met:

150,94 Section 94. 66.04 (3) of the statutes is renumbered 66.0601 (2).

150,95 Section 95. 66.04 (4) of the statutes is renumbered 66.0603 (4) and amended to read:

66.0603 (4) Invested fund proceeds in populous cities, use. In any city of the first a 1st class city, all interest derived from invested funds held by the city treasurer in a custodial capacity on behalf of any political entity, except for pension funds, shall be deemed is general revenues revenue of such the city and shall revert to the city's general fund, conditioned upon the approval by such the political entity evidenced by a resolution adopted for that purpose.

150,96 Section 96. Subchapter IV (title) of chapter 66 [precedes 66.0401] of the statutes is created to read:

Chapter 66

Subchapter IV
Regulation

150,97 Section 97. 66.041 of the statutes is renumbered 66.0605 and amended to read:

66.0605 Local government audits and reports. Notwithstanding any other statute, the governing body of any a county, city, village or town may require or authorize a financial audit of any a municipal or county officer, department, board, commission, function or activity financed in whole or part from municipal or county funds, or if any portion of the funds thereof are the funds of such the county, city, village or town. The governing body may likewise require submission of periodic financial reports by any such the officer, department, board, commission, function or activity.

150,98 Section 98 . 66.0413 (1) (title) of the statutes is created to read:

66.0413 (1) (title) Authority and procedure.

150,99 Section 99. 66.0413 (1) (a) and (b) of the statutes are created to read:

66.0413 (1) (a) Definitions. In this subsection:

1. "Building" includes any building or structure or any portion of a building or structure.

2. "Raze a building" means to demolish and remove the building and to restore the site to a dust-free and erosion-free condition.

(b) Raze order. The governing body, building inspector or other designated officer of a municipality may:

1. If a building is old, dilapidated or out of repair and consequently dangerous, unsafe, unsanitary or otherwise unfit for human habitation and unreasonable to repair, order the owner of the building to raze the building or, if the building can be made safe by reasonable repairs, order the owner to either make the building safe and sanitary or to raze the building, at the owner's option.

2. If there has been a cessation of normal construction of a building for a period of more than 2 years, order the owner of the building to raze the building.

Note: Paragraphs (a) and (b) restate s. 66.05 (1g) and a portion of sub. (1m) (a). See Section 135 of the bill.

150,100 Section 100. 66.0413 (1) (br) (title) of the statutes is created to read:

66.0413 (1) (br) (title) Notice of unfitness for occupancy or use; penalty.

150,101 Section 101 . 66.0413 (1) (br) 1. of the statutes is created to read:

66.0413 (1) (br) 1. If a building subject to an order under par. (b) is unsanitary and unfit for human habitation, occupancy or use and is not in danger of structural collapse, the building inspector or other designated officer shall post a placard on the premises containing the following notice: "This Building May Not Be Used For Human Habitation, Occupancy or Use." The building inspector or other designated officer shall prohibit use of the building for human habitation, occupancy or use until necessary repairs have been made.

Note: Restates the last 2 sentences of current s. 66.05 (2) (a), deleted by Section 139 .

150,102 Section 102 . 66.0413 (1) (d) of the statutes is created to read: