AB710: Bill Text

AB710, s. 447 Section 447. 66.432 of the statutes is renumbered 66.1011, and 66.1011 (title), (1), (2) and (3), as renumbered, are amended to read:

AB710,355,12 66.1011 (title) Local equal opportunities for housing. (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. 106.04 (1m) (g), sexual orientation as defined in s. 111.32 (13m), religion, national origin, marital status, family status as defined in s. 106.04 (1m) (k), lawful source of income, age or ancestry is a matter both of statewide concern under ss. 101.132 and 106.04 and also of local interest under this section and s. 66.433 66.0125. The enactment of ss. 101.132 and 106.04 by the legislature shall does not preempt the subject matter of equal opportunities in housing from consideration by political subdivisions, and shall does 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.

AB710,356,2 (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 An ordinance may be similar to ss. 101.132 and 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. An ordinance establishing a forfeiture as a penalty for violation shall may not be for an amount that is less than the statutory forfeitures under s. 106.04. Such an 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 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.

AB710,356,6 (3) Contingency restriction. No political subdivision shall may enact an ordinance under sub. (2), which that contains a provision making its effective date or the operation of any of its provisions contingent on the enactment of an ordinance on the same or similar subject matter by one or more other political subdivisions.

AB710, s. 448 Section 448. 66.4325 of the statutes is renumbered 66.1335, and 66.1335 (1) (intro.) and (a), (2) (intro.), (3), (4), (5) (intro.), (a), (b), (c), (e) and (f) and (5m) to (7), as renumbered, are amended to read:

AB710,356,24 66.1335 (1) Authorization. (intro.) Any A city may, by a two-thirds vote of the members of the city council present at the meeting, adopt an ordinance or resolution creating a housing and community development authority which shall be known as the "Community Development Authority" of such the city. It shall be deemed is a separate body politic for the purpose of carrying out blight elimination, slum clearance, urban renewal programs and projects and housing projects. The ordinance or resolution creating a housing and community development authority may also authorize such the authority to act as the agent of the city in planning and carrying out community development programs and activities approved by the mayor and common council under the federal housing and community development act of 1974 and as agent to perform all acts, except the development of the general plan of the city, which may be otherwise performed by the planning commission under s. 66.405 s. 66.1105, 66.1301 to 66.425, 66.43, 66.435 or 66.46 66.1329, 66.1331 or 66.1337. A certified copy of such the ordinance or resolution shall be transmitted to the mayor. The ordinance or resolution shall also do all of the following:

AB710,357,3 (a) Provide that any redevelopment authority created under s. 66.431 66.1333 operating in such the city and any housing authority created under s. 66.40 66.1201 operating in such the city, shall terminate its operation as provided in sub. (5); and.

AB710,357,8 (2) Appointment of members. (intro.) Upon receipt of a certified copy of such the ordinance or resolution, the mayor shall, with the confirmation of the council, appoint 7 resident persons having sufficient ability and experience in the fields of urban renewal, community development and housing, as commissioners of the community development authority.

AB710,357,16 (3) Evidence of authority. The filing of a certified copy of the ordinance or resolution referred to in sub. (1) with the city clerk shall be is prima facie evidence of the community development authority's right to transact business and such the ordinance or resolution is not subject to challenge because of any technicality. In any a suit, action or proceeding commenced against the community development authority, a certified copy of such the ordinance or resolution is conclusive evidence that such the community development authority is established and authorized to transact business and exercise its powers under this section.

AB710,358,7 (4) Powers and duties. The community development authority shall have has all powers, duties and functions set out in ss. 66.40 66.1201 and 66.431 66.1333 for housing and redevelopment authorities and as. As to all housing projects initiated by the community development authority it shall proceed under s. 66.40 66.1201, and as to all projects relating to blight elimination, slum clearance, urban renewal and redevelopment programs it shall proceed under s. 66.405 ss. 66.1105, 66.1301 to 66.425, 66.43, 66.431, 66.435 or 66.46 66.1329, 66.1331, 66.1333 or 66.1337 as determined appropriate by the common council on a project by project basis. As to all community development programs and activities undertaken by the city under the federal housing and community development act of 1974, the community development authority shall proceed under all applicable laws and ordinances not inconsistent with the laws of this state. In addition, if provided in the resolution or ordinance, the community development authority may act as agent of the city to perform all acts, except the development of the general plan of the city, which may be otherwise performed by the planning commission under s. 66.405 ss. 66.1105, 66.1301 to 66.425, 66.43, 66.435 or 66.46 66.1329, 66.1331 or 66.1337.

AB710,358,11 (5) Termination of housing and redevelopment authorities. (intro.) Upon the adoption of an ordinance or resolution creating a community development authority, all housing and redevelopment authorities previously created in such the city under ss. 66.40 66.1201 and 66.431 shall 66.1333 terminate.

AB710,358,19 (a) Any programs and projects which have been begun by housing and redevelopment authorities shall, upon adoption of such the ordinance or resolution, be transferred to and completed by the community development authority. Any procedures, hearings, actions or approvals taken or initiated by the redevelopment authority under s. 66.431 66.1333 on pending projects is are deemed to have been taken or initiated by the community development authority as though if the community development authority had originally undertaken such the procedures, hearings, actions or approvals.

AB710,358,22 (b) Any form of indebtedness issued by a housing or redevelopment authority shall, upon the adoption of such the ordinance or resolution, be assumed by the community development authority except as indicated in par. (e).

AB710,359,10 (c) Upon the adoption of such the ordinance or resolution, all contracts entered into between the federal government and a housing or redevelopment authority, or between such these authorities and other parties shall be assumed and discharged by the community development authority except for the termination of operations by housing and redevelopment authorities. Housing and redevelopment authorities may execute any agreements contemplated by this subsection. Contracts for disposition of real property entered into by the redevelopment authority with respect to any project shall be are deemed contracts of the community development authority without the requirement of amendments thereto to the contracts. Contracts entered into between the federal government and the redevelopment authority or the housing authority shall bind the community development authority in the same manner as though if originally entered into by the community development authority.

AB710,359,16 (e) A housing authority which has outstanding bonds or other securities that require the operation of the housing authority in order to fulfill its commitments with respect to the discharge of principal or interest or both, may continue in existence solely for such that purpose. The ordinance or resolution creating the community development authority shall delineate the duties and responsibilities which shall devolve upon the housing authority with respect thereto to that purpose.

AB710,359,18 (f) The termination of housing and redevelopment authorities pursuant to this section shall is not be subject to s. 66.40 66.1201 (26).

AB710,359,22 (5m) Tax exemption. Community development authority bonds issued on or after January 28, 1987, are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon on the bonds and income therefrom from the bonds, are exempt from taxes.

AB710,360,2 (6) Controlling statute. The powers conferred under this section shall be are in addition and supplemental to the powers conferred by any other law. Insofar as To the extent that this section is inconsistent with any other law, this section shall control controls.

AB710,360,6 (7) Construction. This section shall be construed liberally to effectuate its purposes and the enumeration of specific powers herein in this section does not restrict the meaning of any general grant of power contained in this section nor does it exclude other powers comprehended in such the general grant.

AB710, s. 449 Section 449. 66.433 of the statutes is renumbered 66.0125, and 66.0125 (1), (2), (3) (a) and (c) 1., 3. and 4., (4) and (7), as renumbered, are amended to read:

AB710,360,10 66.0125 (1) Definition. "Municipality" as used herein In this section, "local governmental unit" means a city, village, town, school district or county.

AB710,361,4 (2) Creation. Each municipality local governmental unit is authorized and urged to either establish by ordinance a community relations-social development commission or to participate in such a commission established on an intergovernmental basis within the county pursuant to under enabling ordinances adopted by the participating municipalities; but a local governmental units. A school district may establish or participate in such a commission by resolution instead of by ordinance. Such. An intergovernmental commission may be established in cooperation with any a nonprofit corporation located in the county and composed primarily of public and private welfare agencies devoted to any of the purposes set forth in this section. Every such An ordinance or resolution establishing a commission shall substantially embody the language of sub. (3). Each municipality local governmental unit may appropriate money to defray the expenses of such the commission. If such the commission is established on an intergovernmental basis within the county, the provisions of s. 66.30 66.0301, relating to local cooperation, are applicable thereto apply as optional authority and may be utilized by participating municipalities local governmental units to effectuate the purposes of this section, but a contract between municipalities local governmental units is not necessary for the joint exercise of any power authorized for the joint performance of any duty required herein in this section.

AB710,361,11 (3) (a) The purpose of the commission is to study, analyze and recommend solutions for the major social, economic and cultural problems which affect people residing or working within the municipality local governmental unit including, without restriction because of enumeration, problems of the family, youth, education, the aging, juvenile delinquency, health and zoning standards, and discrimination in housing, employment and public accommodations and facilities on the basis of sex, class, race, religion, sexual orientation or ethnic or minority status.

AB710,361,14 (c) 1. Recommend to the municipal local governmental unit's governing body and chief executive or administrative officer the enactment of such ordinances or other action as they deem necessary:

AB710,361,17 a. To establish and keep in force proper health standards for the community and beneficial zoning for the community area in order to facilitate the elimination of blighted areas, and to prevent the start and spread of such, blighted areas;.

AB710,361,20 b. To ensure to all municipal residents of a local governmental unit, regardless of sex, race, sexual orientation or color, the rights to possess equal housing accommodations and to enjoy equal employment opportunities.

AB710,361,25 3. Examine the need for, initiate, participate in and promote publicly and privately sponsored studies and programs in any field of human relationship which that will aid in accomplishing the foregoing objectives, and initiate such public programs and studies and participate in and promote such privately sponsored programs and studies purposes and duties of the commission.

AB710,362,2 4. Have authority to conduct public hearings within the municipality local governmental unit and to administer oaths to persons testifying before it.

AB710,362,18 (4) Composition of commission. The commission shall be nonpartisan and composed of citizens residing in the municipality local governmental unit, including representatives of the clergy and minority groups, and the composition thereof, number and. The composition of the commission and the method of appointing and removing the commission members thereof shall be determined by the governing body of the municipality local governmental unit creating or participating in the commission. Notwithstanding s. 59.10 (4) or 66.11 66.0501 (2), a member of such the local governmental unit's governing body may serve on the commission, except that a county board member in a county having a population over 500,000 may not accept compensation for serving on the commission. Of the persons first appointed, one-third shall hold office for one year, one-third for 2 years, and one-third for 3 years from the first day of February next following their appointment, and until their respective successors are appointed and qualified. All succeeding terms shall be for 3 years. Any vacancy shall be filled for the unexpired term in the same manner as original appointments. Every person appointed as a member of the commission shall take and file the official oath.

AB710,363,2 (7) Designation of commissions as cooperating agencies under federal law. (a) The commission may be the official agency of the municipality local governmental unit to accept assistance under title II of the federal economic opportunity act of 1964. No assistance shall be accepted with respect to any matter to which objection is made by the legislative body creating such the commission, but if the commission is established on an intergovernmental basis and such objection is made by any participating legislative body said, assistance may be accepted with the approval of a majority of the legislative bodies participating in such the commission.

AB710,363,10 (b) The commission may be the official agency of the municipality local governmental unit to accept assistance from the community relations service of the U.S. department of justice under title X of the federal civil rights act of 1964 to provide assistance to communities in resolving disputes, disagreements or difficulties relating to discriminatory practices based on sex, race, color or national origin which may impair the rights of persons in the municipality local governmental unit under the constitution or laws of the United States or which affect or may affect interstate commerce.

AB710, s. 450 Section 450. 66.434 (title) of the statutes is repealed.

AB710, s. 451 Section 451. 66.434 of the statutes is renumbered 46.30 (5) and amended to read:

AB710,363,16 46.30 (5) City, village or town assistance. A city, village or town may appropriate funds for promoting and assisting any a community action agency under s. 46.30.

AB710, s. 452 Section 452. 66.435 of the statutes is renumbered 66.1337, and 66.1337 (2), (2m) (a) (intro.), 2. and 4. and (b) and (3) to (7), as renumbered, are amended to read:

AB710,364,13 66.1337 (2) Findings. It is hereby found and declared that there exists in municipalities of the state slum, blighted and deteriorated areas which constitute a serious and growing menace injurious to the public health, safety, morals and welfare of the residents of the state, and the findings and declarations made before August 3, 1955 in s. 66.43 (2) 66.1331 are in all respects affirmed and restated; that while certain. Certain slum, blighted or deteriorated areas, or portions thereof, may require acquisition and clearance, as provided in s. 66.43 66.1331, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation in such a manner that eliminates, remedies or prevents the conditions and evils hereinbefore enumerated may be eliminated, remedied or prevented, and to of these areas. To the extent feasible salvable slum and blighted areas should be conserved and rehabilitated through voluntary action and the regulatory process; and all. All acts and purposes provided for by this section are for and constitute public uses and are for and constitute public purposes, and that moneys. Moneys expended in connection with such powers under this section are declared to be for public purposes and to preserve the public interest, safety, health, morals and welfare. Any municipality in carrying out the provisions of this section shall afford maximum opportunity consistent with the sound needs of the municipality as a whole to the rehabilitation or redevelopment of areas by private enterprise.

AB710,364,15 (2m) (a) (intro.) "Rehabilitation or conservation work" may include includes any of the following:

AB710,364,21 2. Acquisition of real property and demolition, removal or rehabilitation of buildings and improvements thereon on the property where necessary to eliminate unhealthful, unsanitary or unsafe conditions, lessen density, reduce traffic hazards, eliminate obsolete or other uses detrimental to the public welfare, or to otherwise remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities.

AB710,364,25 4. The disposition, for uses in accordance with the objectives of the urban renewal project, of any property or part thereof acquired in the area of the project. The disposition shall be in the manner prescribed in this section for the disposition of property in a redevelopment project area.

AB710,365,6 (b) "Urban renewal project" may include includes undertakings and activities for the elimination and for the prevention of the development or spread of slums or blighted, deteriorated or deteriorating areas and may involve any work or undertaking for such this purpose constituting a redevelopment project or any rehabilitation or conservation work, or any combination of such the undertaking or work.

AB710,365,9 (3) Urban renewal projects. In addition to its authority under any other section, a A municipality is authorized to may plan and undertake urban renewal projects.

AB710,366,8 (4) Workable program. (a) 1. The governing body of the municipality, or such the public officer or public body as that it designates, including a housing authority organized and created under s. 66.40 66.1201, a redevelopment authority created under s. 66.431 66.1333 or a community development authority created under s. 66.4325, is authorized to 66.1335, may prepare a workable program for utilizing appropriate private and public resources to eliminate, and prevent the development or spread of, slums and urban blight and deterioration, to encourage needed urban rehabilitation, to provide for the redevelopment of blighted, deteriorated or slum areas, or to undertake those activities or other feasible activities that may be suitably employed to achieve the these objectives of such a program. The governing body may by resolution or ordinance provide the specific means by which a workable program can be effectuated and may confer upon its officers and employes the power required to carry out a program of rehabilitation and conservation for the restoration and removal of blighted, deteriorated or deteriorating areas. If a municipality finds that there exists in the municipality dwellings or other structures that are unfit for human habitation due to dilapidation, defects that increase the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities or other conditions, rendering the dwellings or other structures unsanitary, dangerous or detrimental to the health, safety or morals, or otherwise inimical to the welfare of the residents of the municipality, the municipality may enact the resolutions or ordinances that it considers appropriate and effectual in order to prevent those conditions and may require or cause the repair, closing, demolition or removal of the dwellings or other structures. For the purposes of the resolutions or ordinances, a "dwelling"

AB710,366,9 2. In this subsection:

AB710,366,13 a. "Dwelling" means any building, structure or part of the building or structure that is used and occupied for human habitation or intended to be so used and includes any appurtenances belonging to it or usually enjoyed with it. The term "structure" also

AB710,366,15 b. "Structure" includes fences, garages, sheds, and any type of store or commercial, industrial or manufacturing building.

AB710,367,6 3. The ordinances or resolutions under subd. 1. shall require that, if there are reasonable grounds to believe that there has been a violation of the ordinances or resolutions, notice of the alleged violation shall be given to the alleged responsible person by appropriately designated public officers or employes of such the municipality. Every such notice shall be in writing; include a description of the real estate sufficient for identification; include a statement of the reason for issuance; specify a time for the performance of any act that the notice requires; and be served upon the alleged responsible person. The notice of violation is properly served on the person if a copy of it is delivered to the person personally; is left at the person's usual place of abode, in the presence of someone in the family of suitable age and discretion who shall be informed of the contents of the notice; is sent by registered mail or by certified mail with return receipt requested to the person's last-known address; or, if the registered or certified letter with the copy of the notice is returned showing the letter has not been delivered to the person, by posting a copy of the notice in a conspicuous place in or about the dwelling or other structure affected by the notice. Any

AB710,368,3 4. A person affected by such a notice under subd. 3. may request and shall be granted a hearing on the matter before a board or commission established by the governing body of such the municipality or before a local health officer. The person shall file in the office of the designated board or commission or the local health officer a written petition requesting the hearing and setting forth a statement of the grounds for it within 20 days after the day the notice was served. Within 10 days after receipt of the petition, the designated board or commission or the local health officer shall set a time and place for the hearing and shall give the petitioner written notice of it. At the hearing the petitioner shall have an opportunity to may be heard and to show cause why the notice should be modified or withdrawn. The hearing before the designated board or commission or the local health officer shall be commenced not later than 30 days after the date on which the petition was filed. Upon written application of the petitioner to the designated board or commission or the local health officer, the date of the hearing may be postponed for a reasonable time beyond the 30-day period, if, in the judgment of the board, commission or local health officer, the petitioner has submitted a good and sufficient reason for such a postponement. Any notice served under this section shall become becomes an order if a written petition for a hearing is not filed in the office of the designated board or commission or the local health officer within 20 days after such the notice is served. The designated board or commission or the local health officer may administer oaths and affirmations in connection with the conduct of any hearing held under this section.

AB710,368,22 5. After the hearing the designated board or commission or the local health officer shall sustain, modify or cancel the notice given under subd. 3., depending upon its findings as to whether the provisions of the resolutions or ordinances have been complied with. The designated board or commission or the local health officer may also modify any notice so as to authorize a variance from the provisions of the resolutions or ordinances when, because of special conditions, enforcement of the provisions of the resolutions or ordinances will result in practical difficulty or unnecessary hardship, if the intent of the resolutions or ordinances will be observed and public health and welfare secured. If the designated board or commission or the local health officer sustains or modifies the notice, the sustained or modified notice is an order, and the persons affected by the order shall comply with all provisions of the order within a reasonable period of time, as determined by the board, commission or local health officer. The proceedings at the hearing, including the findings and decisions of the board, commission or local health officer, shall be reduced to writing and entered as a matter of public record in the office of the board, commission or local health officer. The record shall also include a copy of every notice or order issued in connection with the matter. A copy of the written decision of the board, commission or local health officer shall then be served, in the same manner prescribed for service of notice under subd. 3., on the person who filed the petition for hearing.

AB710,369,8 6. If the local health officer finds that an emergency exists that requires immediate action to protect the public health, the local health officer may, without notice or hearing, issue an order reciting the existence of such an the emergency and requiring that action be taken that the local health officer determines is necessary to meet the emergency. This order shall be is effective immediately. Any person to whom the order is directed shall comply with it, but shall be afforded a hearing as specified in this section subsection if the person immediately files a written petition with the local health officer requesting the hearing. After the hearing, depending upon the findings of the local health officer as to whether an emergency still exists that requires immediate action to protect the public health, the local health officer shall continue the order in effect or modify or revoke it.

AB710,370,7 (b) Any A person aggrieved by the determination of any a board, commission or local health officer, following review of an order issued under this section subsection, may appeal directly to the circuit court of the county in which the dwelling or other structure is located by filing a petition for review with the clerk of the circuit court within 30 days after a copy of the order of the board, commission or local health officer has been served upon the person. The petition shall state the substance of the order appealed from and the grounds upon which the person believes the order to be improper. A copy of the petition shall be served upon the board, commission or local health officer whose determination is appealed. The copy shall be served personally or by registered or certified mail within the 30-day period provided in this paragraph. A reply or answer shall be filed by the board, commission or local health officer within 15 days after the receipt of the petition. A copy of the written proceedings of the hearing held by the board, commission or local health officer which led to service of the order being appealed shall be included with the reply or answer when filed. If it appears to the court that the petition is filed for purposes of delay, the court shall, upon application of the municipality, promptly dismiss the petition. Either party to the proceedings may then petition the court for an immediate hearing on the order. The court shall review the order and the copy of written proceedings of the hearing conducted by the board, commission or local health officer, shall take testimony that the court determines is appropriate, and, following a hearing upon the order without a jury, shall make its determination. If the court affirms the determination made by the board, commission or local health officer, the court shall fix a time within which the order appealed from shall become becomes operative.

AB710,370,19 (5) General powers conferred upon municipalities. The governing body of any a municipality shall have and there is hereby expressly conferred upon it has all powers necessary and incidental to effect a program of urban renewal, including functions with respect to rehabilitation and conservation for the restoration and removal of blighted, deteriorated or deteriorating areas, and such the local governing body is hereby authorized to may adopt such resolutions or ordinances as may be required for the purpose of carrying out that program and the objectives and purposes of this section. In connection with the planning, undertaking and financing of the urban renewal program or projects, the governing body of any municipality and all public officers, agencies and bodies shall have all the rights, powers, privileges and immunities which they have with respect to a redevelopment project under s. 66.43 66.1331.

AB710,370,25 (6) Assistance to urban renewal by municipalities and other public bodies. Any A public body is authorized to may enter into agreements, which may extend over any period notwithstanding any provision or rule of law to the contrary, with any other public body or bodies respecting action to be taken pursuant to any of the powers granted by this section, including the furnishing of funds or other assistance in connection with an urban renewal plan or urban renewal project.

AB710,371,5 (7) Powers herein granted to be supplemental and not in derogation. (a) Nothing in this section shall may be construed to abrogate or impair the powers of the courts or of any department of any municipality to enforce any provisions of its charter or its, ordinances or regulations, nor to prevent or punish violations thereof of its charter, ordinances or regulations.

AB710,371,8 (b) Nothing in this section shall may be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.

AB710,371,14 (c) The powers conferred by this section shall be are in addition and supplemental to the powers conferred by any other law; and this. This section shall be construed liberally to effectuate the its purposes hereof and the its enumeration therein of specific powers shall does not operate to restrict the meaning of any general grant of power contained in this section or to exclude other powers comprehended in such the general grant.

AB710, s. 453 Section 453. 66.436 of the statutes is renumbered 66.1339 and amended to read:

AB710,371,19 66.1339 Villages to have certain city powers. Villages shall have all of the powers of cities under ss. 66.395 66.1105, 66.1201 to 66.425, 66.43, 66.431, 66.4325, 66.435 and 66.46 66.1329 and 66.1331 to 66.1337.

AB710, s. 454 Section 454. 66.437 of the statutes is renumbered 66.1341 and amended to read:

AB710,372,2 66.1341 Towns to have certain city powers. Towns shall have all of the powers of cities under ss. 66.40 to 66.425, 66.43, 66.431, 66.4325, 66.505 and 66.508 66.0923, 66.0925, 66.1201 to 66.1329 and 66.1331 to 66.1335, except the powers under s. 66.40 66.1201 (10) and any other powers that conflict with statutes relating to towns and town boards.

AB710, s. 455 Section 455. 66.44 of the statutes is repealed.

Note: Repealed as no longer necessary. The section authorizes housing authorities to develop and administer housing projects to provide housing for persons and their families engaged in war industries or activities.

AB710, s. 456 Section 456. 66.45 of the statutes is renumbered 66.0315 and amended to read:

AB710,372,22 66.0315 Municipal cooperation; federal rivers, harbors or water resources projects. Any A county, town, city or village acting under its powers and in conformity with state law may enter into an agreement with an agency of the federal government to cooperate in the construction, operation or maintenance of any federally authorized rivers, harbors or water resources management or control project or to assume any potential liability appurtenant to such a project and may do all things necessary to consummate the agreement. If such a project will affect more than one municipality, the municipalities affected may jointly enter into such an agreement under this section with an agency of the federal government carrying such any terms and provisions concerning the division of costs and responsibilities as may be that are mutually agreed upon. The affected municipalities concerned may by agreement submit any determinations of the division of construction costs, responsibilities, or any other liabilities among them to an arbitration board. The determination of such a the arbitration board shall be final. This section shall not be construed as a grant or delegation of power or authority to any county, town, city, village or other local municipality to do any work in or place any structures in or on any navigable water except as it is otherwise expressly authorized by state law to do.

AB710, s. 457 Section 457. 66.46 (title), (1) and (2) (intro.), (a) to (e) and (f) 1. (intro.) and a. to k. of the statutes are renumbered 66.1105 (title), (1) and (2) (intro.), (a) to (e) and (f) 1. (intro.) and a. to k., and 66.1105 (2) (a) 1. b., (e) and (f) 1. (intro.), b. and h., as renumbered, are amended to read:

AB710,373,10 66.1105 (2) (a) 1. b. An area which is predominantly open and which consists primarily of an abandoned highway corridor, as defined in s. 66.431 66.1333 (2m) (a), or that consists of land upon which buildings or structures have been demolished and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the sound growth of the community.

AB710,373,14 (e) "Planning commission" means a plan commission created under s. 62.23, a board of public land commissioners if the city has no plan commission, or a city plan committee of the local legislative body, if the city has neither such a commission nor such a board.

AB710,374,2 (f) 1. (intro.) "Project costs" mean any expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred by the city which are listed in a project plan as costs of public works or improvements within a tax incremental district or, to the extent provided in subd. 1. k., without the district, plus any incidental costs incidental thereto, diminished by any income, special assessments, or other revenues, including user fees or charges, other than tax increments, received or reasonably expected to be received by the city in connection with the implementation of the plan. For any tax incremental district for which a project plan is approved on or after July 31, 1981, only a proportionate share of the costs permitted under this subdivision may be included as project costs to the extent that they benefit the tax incremental district. To the extent the costs benefit the municipality outside the tax incremental district, a proportionate share of the cost is not a project cost. The project costs "Project costs" include, but are not limited to:

AB710,374,6 b. Financing costs, including, but not limited to, all interest paid to holders of evidences of indebtedness issued to pay for project costs and any premium paid over the principal amount thereof of the obligations because of the redemption of such the obligations prior to maturity.

AB710,374,8 h. The amount of any contributions made under s. 66.431 66.1333 (13) in connection with the implementation of the project plan.

AB710, s. 458 Section 458. 66.46 (2) (f) 1. L. of the statutes, as created by 1999 Wisconsin Act 9, is renumbered 66.1105 (2) (f) 1. L.

AB710, s. 459 Section 459. 66.46 (2) (f) 2. and 3. and (g) to (m), (3) and (4) (intro.) and (a) to (gs ) of the statutes are renumbered 66.1105 (2) (f) 2. and 3. and (g) to (m), (3) and (4) (intro.) and (a) to (gs), and 66.1105 (2) (i) and (j), (3) (a), (b), (e) and (f) and (4) (a), (b), (c), (e), (f) and (gm) 1. to 3. and 4. a. and b., as renumbered, are amended to read:

AB710,374,21 66.1105 (2) (i) "Tax increment" means that amount obtained by multiplying the total county, city, school and other local general property taxes levied on all taxable property within a tax incremental district in a year by a fraction having as a numerator the value increment for that year in such the district and as a denominator that year's equalized value of all taxable property in the district. In any year, a tax increment is "positive" if the value increment is positive; it is "negative" if the value increment is negative.

AB710,375,2 (j) "Tax incremental base" means the aggregate value, as equalized by the department of revenue, of all taxable property located within a tax incremental district on the date as of which such the district is created, determined as provided in sub. (5) (b). The base of districts created before October 1, 1980, shall exclude does not include the value of property exempted under s. 70.111 (17).

AB710,375,4 (3) (a) Create tax incremental districts and to define the boundaries of such the districts;

AB710,375,6 (b) Cause project plans to be prepared, to approve such the plans, and to implement the provisions and effectuate the purposes of such the plans;

AB710,375,11 (e) Enter into any contracts or agreements, including agreements with bondholders, determined by the local legislative body to be necessary or convenient to implement the provisions and effectuate the purposes of project plans. Such The contracts or agreements may include conditions, restrictions, or covenants which either run with the land or which otherwise regulate the use of land.

AB710,375,16 (f) Designate, by ordinance or resolution, the local housing authority, the local redevelopmental authority, or both jointly, or the local community development authority, as agent of the city, to perform all acts, except the development of the master plan of the city, which are otherwise performed by the planning commission under this section and s. 66.435 66.1337.

AB710,376,2 (4) (a) Holding of a public hearing by the planning commission at which interested parties are afforded a reasonable opportunity to express their views on the proposed creation of a tax incremental district and the proposed boundaries thereof of the district. Notice of such the hearing shall be published as a class 2 notice, under ch. 985. Prior to such Before publication, a copy of the notice shall be sent by first class mail to the chief executive officer or administrator of all local governmental entities having the power to levy taxes on property located within the proposed district and to the school board of any school district which includes property located within the proposed district. For any a county with no chief executive officer or administrator, this notice shall be sent to the county board chairperson.

AB710,376,5 (b) Designation by the planning commission of the boundaries of a tax incremental district recommended by it to be created and submission of such the recommendation to the local legislative body.

AB710,376,13 (c) Identification of the specific property to be included under par. (gm) 4. as blighted or in need of rehabilitation or conservation work. Owners of the property identified shall be notified of the proposed finding and the date of the hearing to be held under par. (e) at least 15 days prior to the date of the hearing. In cities with a redevelopment authority under s. 66.431 66.1333, the notification required under this paragraph may be provided with the notice required under s. 66.431 66.1333 (6) (b) 3., if the notice is transmitted at least 15 days prior to the date of the hearing to be held under par. (e).

AB710,376,25 (e) At least 30 days before adopting a resolution under par. (gm), holding of a public hearing by the planning commission at which interested parties are afforded a reasonable opportunity to express their views on the proposed project plan. The hearing may be held in conjunction with the hearing provided for in par. (a). Notice of the hearing shall be published as a class 2 notice, under ch. 985. The notice shall include a statement advising that a copy of the proposed project plan will be provided on request. Prior to such Before publication, a copy of the notice shall be sent by 1st class mail to the chief executive officer or administrator of all local governmental entities having the power to levy taxes on property within the district and to the school board of any school district which includes property located within the proposed district. For any a county with no chief executive officer or administrator, this notice shall be sent to the county board chairperson.

AB710,377,16 (f) Adoption by the planning commission of a project plan for each tax incremental district and submission of the plan to the local legislative body. The plan shall include a statement listing the kind, number and location of all proposed public works or improvements within the district or, to the extent provided in sub. (2) (f) 1. k., outside the district, an economic feasibility study, a detailed list of estimated project costs, and a description of the methods of financing all estimated project costs and the time when the related costs or monetary obligations related thereto are to be incurred. The plan shall also include a map showing existing uses and conditions of real property in the district; a map showing proposed improvements and uses in the district; proposed changes of zoning ordinances, master plan, if any, map, building codes and city ordinances; a list of estimated nonproject costs; and a statement of the proposed method for the relocation of any persons to be displaced. The plan shall indicate how creation of the tax incremental district promotes the orderly development of the city. The city shall include in the plan an opinion of the city attorney or of an attorney retained by the city advising whether the plan is complete and complies with this section.

AB710,378,7 (gm) 1. Describes the boundaries, which may, but need not, be the same as those recommended by the planning commission, of a tax incremental district with sufficient definiteness to identify with ordinary and reasonable certainty the territory included therein in the district. The boundaries shall include only those whole units of property as are assessed for general property tax purposes. Property standing vacant for an entire 7-year period immediately preceding adoption of the resolution creating a tax incremental district may not comprise more than 25% of the area in the tax incremental district, unless the tax incremental district is suitable for industrial sites under subd. 4. a. and the local legislative body implements an approved project plan to promote industrial development within the meaning of s. 66.52 66.1101. In this subdivision, "vacant property" includes property where the fair market value or replacement cost value of structural improvements on the parcel is less than the fair market value of the land. In this subdivision, "vacant property" does not include property acquired by the local legislative body under ch. 32 or property included within the abandoned Park East freeway corridor or the abandoned Park West freeway corridor in Milwaukee county County.

AB710,378,14 2. Creates such the district as of a date therein provided in the resolution. If the resolution is adopted during the period between January 2 and September 30, then such the date shall be the next preceding January 1. If such the resolution is adopted during the period between October 1 and December 31, then such the date shall be the next subsequent January 1. If the resolution is adopted on January 1, the district shall have been is created as of the date of the resolution on that January 1.

AB710,378,18 3. Assigns a name to such the district for identification purposes. The first such district created shall be known as "Tax Incremental District Number One, City of ....". Each subsequently created district shall be assigned the next consecutive number.

AB710,378,23 4. a. Not less than 50%, by area, of the real property within such the district is at least one of the following: a blighted area; in need of rehabilitation or conservation work, as defined in s. 66.435 66.1337 (2m) (b); or suitable for industrial sites within the meaning of s. 66.52 66.1101 and has been zoned for industrial use; and

AB710,379,3 b. The improvement of such the area is likely to enhance significantly the value of substantially all of the other real property in such the district. It shall is not be necessary to identify the specific parcels meeting such the criteria; and

AB710, s. 460 Section 460. 66.46 (4) (h) 1. of the statutes, as affected by 1999 Wisconsin Act 9, is renumbered 66.1105 (4) (h) 1. and amended to read:

AB710,379,22 66.1105 (4) (h) 1. Subject to subds. 2., 3. and 4., the planning commission may at any time, by resolution, adopt an amendment to a project plan, which. The amendment shall be is subject to approval by the local legislative body and approval of the amendment shall require requires the same findings as provided in par. (g). Any amendment to a project plan is also subject to review by a joint review board, acting under sub. (4m). Adoption of an amendment to a project plan shall be preceded by a public hearing held by the plan commission at which interested parties shall be afforded a reasonable opportunity to express their views on the amendment. Notice of the hearing shall be published as a class 2 notice, under ch. 985. The notice shall include a statement of the purpose and cost of the amendment and shall advise that a copy of the amendment will be provided on request. Prior to such Before publication, a copy of the notice shall be sent by 1st class mail to the chief executive officer or administrator of all local governmental entities having the power to levy taxes on property within the district and to the school board of any school district which includes property located within the proposed district. For any a county with no chief executive officer or administrator, this notice shall be sent to the county board chairperson.