AB710,469,5
3(2) Grade. In all cases where If the grades of sidewalks
shall are not
have been 4specially fixed by ordinance
, the sidewalks shall be laid to the established grade of
5the street.
AB710,469,11
6(3) (a)
Authority of council. The council may
from time to time by ordinance
7or resolution determine where sidewalks shall be constructed and establish the
8width, determine the material and prescribe the method of construction of standard
9sidewalks
, and the. The standard
so fixed may be different for different streets
, and
.
10The council may order by ordinance or resolution sidewalks to be laid as provided in
11this subsection.
AB710,469,1712
(c)
Notice. (intro.) A copy of the ordinance, resolution or order directing
such 13the laying, removal, replacement or repair
of sidewalks shall be served upon the
14owner, or an agent, of each lot or parcel of land in front of which
such the work is
15ordered. The board of public works, or either the street commissioner or the city
16engineer if so requested by the council, may serve the notice. Service of the notice
17may be made by
any of the following methods:
AB710,469,1818
1. Personal delivery
;.
AB710,469,1919
2. Certified or registered mail
; or.
AB710,469,2520
(d)
Default of owner. Whenever any such owner shall neglect If the owner
21neglects for a period of 20 days after
such service
of notice under par. (c) to lay,
22remove, replace or repair
any such the sidewalk the city may cause
such the work
23to be done at the expense of
such the owner. All work for the construction of sidewalks
24shall be let by contract to the lowest responsible bidder except as provided in s. 62.15
25(1).
AB710,470,6
1(e)
Minor repairs. If the cost of repairs of any sidewalk in front of any lot or
2parcel of land does not exceed the sum of $100, the board of public works, street
3commissioner or city engineer
, if so required by the council, may immediately repair
4such the sidewalk, without notice
or letting the work by contract, and charge the cost
5thereof of the repair to the owner of
such the lot or parcel of land, as provided in this
6section.
AB710,470,257
(f)
Expense. The board of public works shall keep an accurate account of the
8expenses of laying, removing and repairing sidewalks in front of each lot or parcel
9of land
, whether the work is done by contract or otherwise, and report the
same 10expenses to the comptroller
who. The comptroller shall annually prepare a
11statement of the expense
so incurred in front of each lot or parcel of land and report
12the
same amount to the city clerk
, and the. The amount
therein charged to each lot
13or parcel of land shall be entered by
such the clerk in the tax roll as a special tax
14against
said the lot or parcel of land
, and
the same shall be collected
in all respects 15like other taxes upon real estate. The council by resolution or ordinance may provide
16that the expense
so incurred may be paid in up to 10 annual instalments and
upon
17such determination, the comptroller shall prepare the expense statement
as herein
18required in such manner and with such frequency as the improved
to reflect the 19instalment payment schedule
allows. If annual instalments for
such expense 20sidewalk expenses are authorized, the city clerk shall charge the amount to each lot
21or parcel of land and enter it on the tax roll as a special tax against
such the lot or
22parcel each year until all instalments have been entered, and the
same amount shall
23be collected
in all respects like other taxes upon real estate. The council may provide
24that the street commissioner or city engineer
shall perform the duties imposed by
25this section on the board of public works.
AB710,471,7
1(5) Snow and ice. The board of public works shall keep the sidewalks of the city
2clear of snow and ice in all cases where the owners or occupants of abutting lots fail
3to do so, and the expense of
so doing clearing in front of any lot or parcel of land shall
4be included in the statement to the comptroller required by sub. (3) (f),
and in the
5comptroller's statement to the city clerk and in the special tax to be levied
as therein
6provided. The city may also impose a fine or penalty for neglecting to keep sidewalks
7clear of snow and ice.
AB710,471,12
8(6) Repair at city expense. Whenever the The council
shall by resolution or
9ordinance so determine, may provide that sidewalks shall be kept in repair by and
10at the expense of the city
, or
the council may direct that a certain proportion of the
11cost of construction, reconstruction or repair be paid by the city and the balance by
12abutting property owners.
AB710,471,16
13(7) Rules. The council may
from time to time make all needful rules and
14regulations by ordinance
for carrying the aforesaid implement the provisions
into
15effect, for regulating of this section, regulate the use of the sidewalks of the city and
16preventing prevent their obstruction.
AB710,471,19
17(10) Application of section; definitions. (intro.) The provisions of this section
18shall do not apply to 1st class cities but
shall be applicable apply to towns and
19villages, and when applied to towns and villages:
AB710, s. 543
20Section
543. 66.616 of the statutes is renumbered 66.0909, and 66.0909 (1),
21as renumbered, is amended to read:
AB710,472,622
66.0909
(1) The standard for construction of curbs and sidewalks on each side
23of
any a city or village street, or
any a connecting highway or town road for which
24curbs and sidewalks have been prescribed by the governing body of the town, city or
25village having jurisdiction
thereover, shall include curb ramping providing access to
1crosswalks at intersections and other designated locations. Curb ramping includes
2the curb opening, the ramp and that part of the sidewalk or apron leading to and
3adjacent to the curb opening. Any person constructing new curbs or sidewalks or
4replacing curbs or sidewalks within 5 feet of a legal crosswalk in any city street,
5village street, connecting highway or town road shall comply with the standards for
6curb ramping under this section.
AB710, s. 544
7Section
544. 66.62 of the statutes is renumbered 66.0701 and amended to
8read:
AB710,472,17
966.0701 Special assessments by local ordinance. (1) Except as provided
10in s.
66.60 (6m) 66.0721, in addition to other methods provided by law, the
common
11council governing body of
any
a town, village or 2nd, 3rd or 4th class city
, a village
12board or a town board may, by ordinance, provide that the cost of installing or
13constructing any public work or improvement shall be charged in whole or in part
14to the property benefited
thereby, and
to make an assessment against
such the 15property
benefited in
such the manner
as such council or board that the governing
16body determines.
Such The special assessment
shall be is a lien against the property
17from the date of the levy.
AB710,472,22
18(2) Every
such ordinance
under this section shall contain provisions for
19reasonable notice and hearing. Any person against whose land a special assessment
20is levied under
any such the ordinance
shall have the right to may appeal
therefrom 21in the manner prescribed in s.
66.60 66.0703 (12) within 40 days of the date of the
22final determination of the governing body.
AB710, s. 545
23Section
545. 66.625 of the statutes is renumbered 66.0911 and amended to
24read:
AB710,473,8
166.0911 Laterals and service pipes. Whenever If the governing body
shall 2by resolution
require requires water, heat, sewer and gas laterals or service pipes to
3be constructed from the lot line or near the lot line to the main or from the lot line
4to the building to be serviced, or both, it may provide that when the work is done by
5the city, village or town or under a city, village or town contract, a record of the cost
6of constructing
such the laterals or service pipes shall be kept and
such the cost, or
7the average current cost of laying
such the laterals or service pipes, shall be charged
8and be a lien against the lot or parcel served.
AB710, s. 546
9Section
546. 66.63 of the statutes is renumbered 66.0725 and amended to
10read:
AB710,473,22
1166.0725 Assessment of condemnation benefits. (1) As a complete
12alternative to any other method provided by law, for the purpose of payment of the
13expenses, including
such the excess of damages and all other expenses and costs
, 14incurred for the taking of private property for the purpose set forth in ss. 32.02 (1),
1561.34 (3) and 62.22, the governing body of
the a town, city or village may, by
16resolution, levy and assess the whole or any part of
such the expenses, as a special
17assessment upon
such the property
as they determine that the governing body
18determines is specially benefited
thereby, and they by the taking. The governing
19body shall include in
said the levy the whole or any part of the excess of benefits over
20total damages, if any,
making therein and make a list of every lot or parcel of land
21so assessed, the name of the owner
thereof, if known, and the amount levied
thereon 22on the property.
AB710,474,6
23(2) Such The resolution
under sub. (1) shall be published as a class 2 notice,
24under ch. 985,
and with a notice
therewith that at
a the time
and place stated
therein, 25the governing body will meet
at their usual place of meeting and hear
all objections
1which may be made to
such
the assessment
or to any part thereof. If
such the 2resolution levies an assessment against property outside the corporate limits, notice
3as provided herein shall be given by mailing a copy of the resolution and the notice
4by registered mail to the last-known address of the owner of
such the property. A
5copy of
such the resolution shall be filed with the clerk of the town in which the
6property is located.
AB710,474,17
7(3) At the time
so fixed the governing body shall meet and hear
all such 8objections, and for that purpose may adjourn to a date set by the governing body, until
9the hearing is completed, and shall by resolution confirm or modify
such the 10assessment in whole or in part. At any time before the first day of
the next November
11thereafter any party liable may pay
any such the assessment to the town, city or
12village treasurer. On
such first day of November
1, if
any such the assessment
13remains unpaid, the treasurer shall make a certified statement showing what
14assessments
so levied under this section remain unpaid, and file the
same statement 15with the clerk, who shall
extend the same upon place the unpaid assessments on the
16tax roll
of such municipality, in addition to and as part of all other taxes therein levied
17on such land, to be collected therewith for collection.
AB710,475,6
18(4) At the time of making out the tax roll, next after the filing of any assessment
19to pay the expenses incurred in proceedings for the condemnation of lands outside
20the corporate limits, the The town clerk shall enter
in said on the tax roll the benefits
21not offset by damages or an excess of benefits over damages which
shall be are levied
22on the land described as a special assessment
under this section by a city or village
23on land in the town and shall
be collected the same collect the assessment in the same
24manner as other taxes.
Such amounts when The assessments collected shall be paid
25over to the city or village treasurer to be applied in payment of any damages or excess
1of damages over benefits awarded by
such
the assessment
; and in case. If the amount
2of
such special assessments
are
is insufficient to pay all damages or excess of
3damages over benefits
so awarded,
then the difference shall be paid by the city or
4village.
Any such damages Damages or excess of damages over benefits may be paid
5out of
such the fund
prior to before the collection of
such
the special assessments
, to
6be and reimbursed
therefrom when collected.
AB710,475,9
7(5) Any person against whose land an assessment of benefits is made
pursuant
8to under this section may appeal
therefrom as prescribed in s. 32.06 (10) within 30
9days of the adoption of the resolution required under sub. (3).
AB710, s. 547
10Section
547. 66.635 of the statutes is renumbered 66.0731 and amended to
11read:
AB710,476,3
1266.0731 Reassessment of invalid condemnation and public
13improvement assessments. (1) If in
any an action
, other than an action
pursuant
14to s. 66.60 (12), for the recovery of damages arising from a failure to make a proper
15assessment of benefits and damages, as provided by law, or failure to observe any
16provision of law, or because of any act or defect in any proceeding in which benefits
17and damages are assessed, and in any action to set aside any under s. 66.0703 (12),
18involving a special assessment, special assessment certificate, bond or note or tax
19certificate based
upon such on the special assessment, the court determines that
20such the assessment is invalid
by reason of a defective assessment of benefits and
21damages, or for any cause, it shall stay all proceedings, frame an issue
therein and
22summarily try the
same issue and determine the amount
which that the plaintiff
23justly ought to pay or which should be justly assessed against the property in
24question.
Such That amount shall be ordered to be paid into court for the benefit of
25the parties entitled
thereto to the amount within a
fixed time
to be fixed. Upon
1compliance with
said the order judgment shall be entered for the plaintiff with costs.
2If the plaintiff fails to comply with
such the order the action shall be dismissed with
3costs.
AB710,476,6
4(2) If the common council, village board or town board determines that any
5special assessment is invalid for any reason, it may reopen and reconsider
such the 6assessment as provided in s.
66.60 66.0703 (10).
AB710, s. 548
7Section
548. 66.64 of the statutes is renumbered 66.0705 and amended to
8read:
AB710,476,18
966.0705 Special Property of public and private entities subject to
10special assessments for local improvements. (1) (a) The property of
the this 11state, except that held for highway right-of-way purposes or acquired and held for
12purposes under s. 85.09, and the property of every county, city, village, town, school
13district, sewerage district or commission, sanitary or water district or commission,
14or any public board or commission within this state, and of every corporation,
15company or individual operating any railroad, telegraph, telecommunications,
16electric light or power system, or doing any of the business mentioned in ch. 76, and
17of every other corporation or company
whatever, shall be is in all respects subject to
18all special assessments for local improvements.
AB710,477,4
19(b) Certificates and improvement bonds
therefor for special assessments may
20be issued and the lien
thereof of the special assessments enforced against
such 21property
described in par. (a), except property of the state, in the same manner and
22to the same extent as the property of individuals.
Such assessments shall Special
23assessments on property described in par. (a) may not extend to the right, easement
24or franchise to operate or maintain railroads, telegraph, telecommunications or
25electric light or power systems in streets, alleys, parks or highways. The amount
1represented by any certificate or improvement bond issued
as aforesaid shall be 2under this paragraph is a debt due personally from
such the corporation, company
3or individual, payable in the case of a certificate when the taxes for the year of its
4issue are payable, and in the case of a bond according to the terms
thereof of the bond.
AB710,477,12
5(2) In this subsection, "assessment" means a special assessment on property
6of
the this state and "project" means any continuous improvement within overall
7project limits regardless of whether small exterior segments are left unimproved. If
8the assessment of a project is less than $50,000, or if the assessment of a project is
9$50,000 or more and the building commission approves the assessment under s.
1066.60 (4) 66.0703 (6), the state agency which manages the property shall pay the
11assessment from the revenue source which supports the general operating costs of
12the agency or program against which the assessment is made.
Note: Repealed as unnecessary. The provision, which refers to special
assessments levied under s. 66.64, provides for the collection and enforcement of
those assessments. Collection and enforcement of special assessments are
provided elsewhere in the statutes; for example, ss. 66.0701, 66.0703 (13),
66.0717 and 74.53.
AB710, s. 550
14Section
550
. 66.65 (title) and (1) of the statutes are renumbered 66.0707 (title)
15and (1) and amended to read:
AB710,478,3
1666.0707 (title)
Assessment or special charge against city, village or
17town property abutting on improvement in adjacent city, village or town. 18(1) A city, village or town may levy special assessments for municipal work or
19improvement under s.
66.60 upon 66.0703 on property in an adjacent city, village or
20town, if
such the property abuts
upon and benefits from
such the work or
21improvement and if the governing body of the municipality where the property is
22located
, by resolution approves
such
the levy
. In any such case the by resolution. The
1owner of
such the property
shall be is entitled to the use of the work or improvement
2upon on which
such
the assessment is based
upon on the same conditions as the
3owner of property within the city, village or town.
AB710, s. 551
4Section
551
. 66.65 (2) of the statutes is renumbered 66.0707 (3) and amended
5to read:
AB710,478,96
66.0707
(3) A special assessment
or special charge under this section
shall be 7is a lien against the benefited property and shall be collected by the treasurer in the
8same manner as the taxes of the municipality and paid over by the treasurer to the
9treasurer of the municipality levying
such the assessment.
Note: The scope of this provision is expanded to include special charges. See
Section 192 of this bill.
AB710, s. 552
10Section
552. 66.694 of the statutes is renumbered 66.0727 and amended to
11read:
AB710,478,22
1266.0727 Special assessments against railroad for street improvement. 13(1) (a) If
any a city, village or town
causes any improves a street, alley or public
14highway within its corporate limits
to be improved, including by grading, curbing
, 15or paving
or otherwise improving the street, alley or public highway, where, if the
16entire or partial cost of the improvement is assessed against abutting property, and
17if the street, alley or public highway is crossed by the track of
any a railroad engaged
18as a common carrier, the common council or board of public works of the city, or the
19village or town board, shall, at any time after the completion and acceptance of the
20improvement by the municipality, file with the local agent of the railroad corporation
21operating the railroad a statement showing the amount chargeable to the railroad
22corporation for the improvement.
AB710,479,6
1(b) The amount chargeable to the railroad corporation
shall be an is the amount
2equal to the cost of constructing the improvement along the street, alley or public
3highway immediately in front of and abutting its right-of-way on each side of the
4street, alley or public highway at the point where the track crosses the street, alley
5or public highway, based upon the price per square yard, lineal foot or other unit of
6value used in determining the total cost of the improvement.
AB710,479,14
7(2) The amount charged against
any
a railroad corporation for improving the
8street, alley or public highway, fronting or abutting its right-of-way,
shall may not
9exceed the average amount per front foot assessed against the remainder of the
10property fronting or abutting on the
improved street, alley or public highway
so
11improved. The amount calculated under sub. (1) and contained in the statement
12shall be is due and payable by the railroad corporation to the municipality
, causing 13filing the statement
to be filed within 30 days of the date when the statement
shall
14be is presented to the local representative of the railroad corporation.
AB710, s. 553
15Section
553. 66.695 (title) of the statutes is repealed.
AB710, s. 554
16Section
554. 66.695 of the statutes is renumbered 66.0727 (3) and amended
17to read:
AB710,479,2418
66.0727
(3) If
any
a railroad corporation fails or refuses to pay
to any a city,
19village or town the amount set forth in any statement or claim for
the making of 20street
, alley or public highway improvements
, as provided in s. 66.694, under this
21section within the time specified in the statement, the city, village or town
shall have
22a valid has a claim for
such
that amount against the railroad corporation
, and may
23maintain an action in any circuit court within this state to recover the amount in the
24statement.
AB710, s. 555
25Section
555. 66.696 (title) of the statutes is renumbered 66.0729 (title).
AB710, s. 556
1Section
556. 66.696 of the statutes is renumbered 66.0729 (1) and amended
2to read:
AB710,480,163
66.0729
(1) If the track of
any a railroad is laid upon or along
any a street, alley
4or public highway within any city, village or town, the corporation operating the
5railroad shall maintain and improve the portion of the street, alley or public highway
6that is occupied by its tracks. The railroad corporation shall grade, pave or otherwise
7improve the
portion of the street, alley or public highway
or portion thereof in
such 8the manner and with
such the materials
as that the common council of the city or the
9village or town board determines. The railroad corporation is not required to pave
10or improve that portion of the street, alley or public highway occupied by it with
11different material or in a different manner from that in which the remainder of the
12street is paved or improved. The railroad corporation
shall be is liable to pay for
13paving, grading or otherwise improving a street, alley or public highway only to the
14extent that the actual cost of the improvement exceeds the estimated cost of the
15improvement were the street, alley or public highway not occupied by the tracks of
16the railroad.
AB710, s. 557
17Section
557. 66.697 (title) of the statutes is repealed.
AB710, s. 558
18Section
558. 66.697 (1) and (2) of the statutes are renumbered 66.0729 (2) and
19(3) and amended to read:
AB710,480,2420
66.0729
(2) If
any a city, village or town orders
any a street, alley or public
21highway to be paved, graded, curbed or improved, as provided in
s. 66.696 sub. (1),
22the clerk of the city, village or town shall
cause to be served upon serve the local agent
23of the railroad corporation
, a notice setting forth the action taken by the city, village
24or town relative to the improvement of the street, alley or public highway.
AB710,481,8
1(3) If the railroad corporation elects to construct the street, alley or public
2highway improvement, it shall within 10 days of the receipt of the notice from the
3clerk of the city, village or town, file with the clerk a notice of its intention to construct
4the street, alley or public highway improvement, and it shall be allowed until the
5following June 30
thereafter to complete the work, unless the work is ordered after
6May 20 of any year, and in that case the railroad corporation shall be allowed 40 days
7from the time the clerk of the municipality presents the notice to the railroad agent
, 8in which to complete the work.
AB710, s. 559
9Section
559. 66.698 (title) of the statutes is repealed.
AB710, s. 560
10Section
560. 66.698 (1) and (2) of the statutes are renumbered 66.0729 (4) and
11(5) and amended to read:
AB710,481,2412
66.0729
(4) If
any a city, village or town orders
any a street, alley or public
13highway improved
, as provided in s. 66.696, under sub. (1) and serves notice on the
14railroad corporation
, as provided in s. 66.697, under sub. (2) and the railroad
15corporation elects not to construct the improvement or elects to construct the
16improvement but fails to construct the improvement within the time
provided in s.
1766.697 under sub. (3), the city, village or town shall
proceed to let a contract for the
18construction of the improvement
, and
cause improve the street, alley or public
19highway
to be improved as determined under
s. 66.696, and when sub. (1). When the
20improvement is completed and accepted by the city, village or town, the clerk of the
21city, village or town shall present to the local agent of the railroad corporation a
22statement of the actual cost of the improvement
, and the railroad corporation shall
, 23within 20 days of
its receipt of the statement
, pay
to the treasurer of the city, village
24or town the amount shown by the statement.
AB710,482,5
1(5) If
any a railroad corporation fails to pay the cost of constructing any
2pavement or other street improvement
as provided under sub. (1), the city, village or
3town
causing responsible for the improvement
to be constructed shall have the right
4to may enforce collection of the amount by an action
at law against the railroad
5corporation as provided in s.
66.695 66.0727 (3).
Note: Restated in renumbered ss. 66.0727 (4) and 66.0729 (6). See Sections
209 and 210 of this bill.
AB710, s. 562
7Section
562. 66.70 of the statutes is renumbered 66.0611 and amended to
8read:
AB710,482,12
966.0611 Political subdivisions prohibited from levying tax on incomes. 10No county, city, village, town, or other unit of government authorized to levy taxes
11shall may assess, levy or collect any tax on income, or measured by income, and any
12such tax so assessed or levied is void.
Note: Repeals s. 66.73, which authorizes a county, municipal or school board to
annually provide for and appropriate funds for a program of citizenship
education, including a ceremony of the induction to citizenship for those who
have been enfranchised within the past year.
AB710, s. 564
14Section
564. 66.74 of the statutes is renumbered 66.0613.
AB710, s. 565
15Section
565. 66.75 (title), (1) and (1m) (a) to (e) and (f) 1. and 2. of the statutes
16are renumbered 66.0615 (title), (1) and (1m) (a) to (e) and (f) 1. and 2., and 66.0615
17(1) (dm) and (1m) (a) and (b) 2., as renumbered, are amended to read:
AB710,482,2018
66.0615
(1) (dm) "Sponsoring municipality" means
any a city, village or town
19that creates a district either separately or in combination with another city, village,
20town or county.
AB710,483,14
1(1m) (a) The governing body of a municipality may enact an ordinance, and a
2district, under par. (e), may adopt a resolution, imposing a tax on the privilege of
3furnishing, at retail, except sales for resale, rooms or lodging to transients by
4hotelkeepers, motel operators and other persons furnishing accommodations that
5are available to the public, irrespective of whether membership is required for use
6of the accommodations.
Any A tax imposed under this paragraph is not subject to
7the selective sales tax imposed by s. 77.52 (2) (a) 1. and may not be imposed on sales
8to the federal government and persons listed under s. 77.54 (9a).
Any A tax imposed
9under this paragraph by a municipality shall be paid to the municipality and may
10be forwarded to a commission if one is created under par. (c), as provided in par. (d).
11Except as provided in par. (am),
any a tax imposed under this paragraph by a
12municipality may not exceed 8%. Except as provided in par. (am), if a tax greater
13than 8% under this paragraph is in effect on May 13, 1994, the municipality imposing
14the tax shall reduce the tax to 8%, effective on June 1, 1994.
AB710,483,2215
(b) 2. If 2 or more municipalities in a zone impose a room tax under par. (a), the
16municipalities shall enter into a contract under s.
66.30 66.0301 to create a
17commission under par. (c). If no tourism entity exists in any of the municipalities in
18the zone that have formed a commission, the commission shall contract with another
19organization in the zone to perform the functions of the tourism entity. Each
20municipality in a single zone that imposes a room tax shall levy the same percentage
21of tax. If the municipalities are unable to agree on the percentage of tax for the zone,
22the commission shall set the percentage.
AB710, s. 567
1Section
567. 66.75 (1m) (f) 4. and 5., (2) and (3) of the statutes are renumbered
266.0615 (1m) (f) 4. and 5., (2) and (3), and 66.0615 (2) (a) and (c), as renumbered, are
3amended to read:
AB710,484,94
66.0615
(2) (a)
Whenever the If a municipality or district has probable cause
5to believe that the correct amount of room tax has not been assessed or that the tax
6return is not correct, inspect and audit the financial records of any person subject to
7sub. (1m) pertaining to the furnishing of accommodations to determine whether
or
8not the correct amount of room tax is assessed and whether
or not any room tax
9return is correct.
AB710,484,1310
(c) Determine the tax under sub. (1m) according to its best judgment if
any a 11person required to make a return fails, neglects or refuses to do so for the amount,
12in the manner and form and within the time prescribed by the municipality or
13district.
AB710, s. 568
14Section
568. 66.77 of the statutes is renumbered 59.605.
AB710, s. 569
15Section
569. 66.80 (title) of the statutes is renumbered 62.63 (title) and
16amended to read:
AB710,484,18
1762.63 (title)
Benefit funds for officers and employes of first 1st class
18cities.
AB710, s. 570
19Section
570
. 66.80 (1) of the statutes is repealed.
Note: Restated as part of s. 62.63 (1), created by Section 15 of this bill.
AB710, s. 571
20Section
571. 66.80 (2) of the statutes is renumbered 62.63 (2) and amended
21to read:
AB710,485,922
62.63
(2) Retirement board. Upon approval by By a majority vote of
the its 23members
of, the common council of
such a 1st class city
the common council shall may 24create a retirement board
, the members of which shall serve without compensation,
1which board shall have full power and authority to administer
such an annuity and
2benefit fund
, and to under this section. The retirement board may make
such rules
3and regulations under which all participants
shall contribute to and receive benefits
4from
such the fund.
Members of the board shall serve without compensation. Three
5members of the
retirement board shall be city employes elected by the members of
6the retirement system and shall serve 4-year terms and 5 members shall be
7appointed under s.
66.146 62.51 and shall serve 3-year terms. The common council
8may provide for contribution by the city to
such
the annuity and benefit fund. The
9executive director of the retirement board shall be appointed under s.
66.146 62.51.
AB710, s. 572
10Section
572
. 66.80 (3) of the statutes is repealed.
Note: Restated as part of s. 62.63 (1), created by Section 15 of this bill.
AB710, s. 573
11Section
573. 66.805 of the statutes is renumbered 62.65 and amended to read:
AB710,486,4
1262.65 Death benefit payments to foreign beneficiaries. A retirement
13system of any The common council of a 1st class city
of the first class may provide
by
14appropriate enactment of the local legislative body that
under the city's retirement
15system no beneficiary may be designated for the payment of any retirement
16allowance, pension or proceeds of a member of
such
the retirement system if
such the 17beneficiary is not a resident of either the United States or Canada. If a beneficiary
18is designated who is neither a resident of the United States nor Canada, any
19contributions or retirement allowance which would have been paid to the beneficiary
20had the beneficiary been a resident of either the United States or Canada
shall be
21deemed is payable to the estate of the deceased member of
such the retirement
22system. The
local legislative body of the city of the first class common council may
23also provide
by appropriate enactment that if a death benefit would be payable
24because of the death of a member of the retirement system and the designated
1beneficiary of
such the death benefit is not a resident of either the United States or
2Canada, the death benefit which would have been paid had the designated
3beneficiary been a resident of either the United States or Canada
, shall be deemed 4is payable to the estate of the deceased member.
AB710, s. 574
5Section
574. 66.81 of the statutes is renumbered 62.63 (4) and amended to
6read:
AB710,486,237
62.63
(4) Exemption of funds and benefits from taxation, execution and
8assignment. Except as provided in s. 49.852 and subject to s. 767.265, all moneys and
9assets of
any a retirement system of
any a 1st class city
of the first class and all
10benefits and allowances
and every portion thereof, both before and after payment to
11any beneficiary, granted under
any such the retirement system
shall be are exempt
12from any state, county or municipal tax or from attachment or garnishment process
,
13and shall. The benefits and allowances may not be seized, taken, detained or levied
14upon by virtue of any executions, or any process or proceeding
whatsoever issued out
15of or by any court of this state, for the payment and ratification in whole or in part
16of any debt, claim, damage, demand or judgment against any member of or
17beneficiary under
any such the retirement system
, and no. No member of or
18beneficiary under
any such the retirement system
shall have any right to may assign
19any benefit or allowance
, or any part thereof, either by way of mortgage or otherwise
;
20however, this. The prohibition
shall
against assigning a benefit or allowance does 21not apply to assignments made for the payment of insurance premiums. The
22exemption from taxation
contained herein shall under this section does not apply
23with respect to any tax on income.
AB710, s. 575
24Section
575. 66.82 of the statutes is renumbered 62.63 (3) and amended to
25read:
AB710,487,15
162.63
(3) Investment of retirement funds in 1st class cities. The board of
any 2a retirement system
in of a 1st class city, whose funds are independent of control by
3the investment board,
shall have the power in addition to others provided to may 4invest funds from the system, in excess of the amount of cash required for current
5operations, in loans, securities and any other investments authorized for investment
6of funds of the public employe trust fund under s. 25.17 (3) (a) and (4). The
7independent retirement system board
shall be then
is subject to the conditions
8imposed on the investment board in making the investments under s. 25.17 (3) (e)
9to (g), (4), (7), (8) and (15) but is exempt from the operation of ch. 881. In addition
10to all other authority for the investment of funds granted to the board of
any a 11retirement system of a 1st class city whose funds are independent of the control of
12the investment board, the retirement system board of the city may invest its funds
13in accordance with s. 206.34, 1969 stats. In making investments under this
section 14subsection, the board of a retirement system of a 1st class city may invest in shares
15of investments authorized under this
section subsection.
AB710, s. 576
16Section
576. 66.88 of the statutes is renumbered 200.21, and 200.21 (intro.),
17(3), (4), (6), (7) and (10), as renumbered, are amended to read:
AB710,487,18
18200.21 Definitions. (intro.) In
ss. 66.88 to 66.918 this subchapter: