AB710: Bill Text

Note: Restated in renumbered ss. 66.0727 (4) and 66.0729 (6). See Sections 209 and 210 of this bill.

AB710, s. 562 Section 562. 66.70 of the statutes is renumbered 66.0611 and amended to read:

AB710,482,12 66.0611 Political subdivisions prohibited from levying tax on incomes. No county, city, village, town, or other unit of government authorized to levy taxes shall may assess, levy or collect any tax on income, or measured by income, and any such tax so assessed or levied is void.

AB710, s. 563 Section 563. 66.73 of the statutes is repealed.

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 Section 564. 66.74 of the statutes is renumbered 66.0613.

AB710, s. 565 Section 565. 66.75 (title), (1) and (1m) (a) to (e) and (f) 1. and 2. of the statutes are renumbered 66.0615 (title), (1) and (1m) (a) to (e) and (f) 1. and 2., and 66.0615 (1) (dm) and (1m) (a) and (b) 2., as renumbered, are amended to read:

AB710,482,20 66.0615 (1) (dm) "Sponsoring municipality" means any a city, village or town that creates a district either separately or in combination with another city, village, town or county.

AB710,483,14 (1m) (a) The governing body of a municipality may enact an ordinance, and a district, under par. (e), may adopt a resolution, imposing a tax on the privilege of furnishing, at retail, except sales for resale, rooms or lodging to transients by hotelkeepers, motel operators and other persons furnishing accommodations that are available to the public, irrespective of whether membership is required for use of the accommodations. Any A tax imposed under this paragraph is not subject to the selective sales tax imposed by s. 77.52 (2) (a) 1. and may not be imposed on sales to the federal government and persons listed under s. 77.54 (9a). Any A tax imposed under this paragraph by a municipality shall be paid to the municipality and may be forwarded to a commission if one is created under par. (c), as provided in par. (d). Except as provided in par. (am), any a tax imposed under this paragraph by a municipality may not exceed 8%. Except as provided in par. (am), if a tax greater than 8% under this paragraph is in effect on May 13, 1994, the municipality imposing the tax shall reduce the tax to 8%, effective on June 1, 1994.

AB710,483,22 (b) 2. If 2 or more municipalities in a zone impose a room tax under par. (a), the municipalities shall enter into a contract under s. 66.30 66.0301 to create a commission under par. (c). If no tourism entity exists in any of the municipalities in the zone that have formed a commission, the commission shall contract with another organization in the zone to perform the functions of the tourism entity. Each municipality in a single zone that imposes a room tax shall levy the same percentage of tax. If the municipalities are unable to agree on the percentage of tax for the zone, the commission shall set the percentage.

AB710, s. 566 Section 566. 66.75 (1m) (f) 3. of the statutes, as affected by 1999 Wisconsin Act 9, is renumbered 66.0615 (1m) (f) 3.

AB710, s. 567 Section 567. 66.75 (1m) (f) 4. and 5., (2) and (3) of the statutes are renumbered 66.0615 (1m) (f) 4. and 5., (2) and (3), and 66.0615 (2) (a) and (c), as renumbered, are amended to read:

AB710,484,9 66.0615 (2) (a) Whenever the If a municipality or district has probable cause to believe that the correct amount of room tax has not been assessed or that the tax return is not correct, inspect and audit the financial records of any person subject to sub. (1m) pertaining to the furnishing of accommodations to determine whether or not the correct amount of room tax is assessed and whether or not any room tax return is correct.

AB710,484,13 (c) Determine the tax under sub. (1m) according to its best judgment if any a person required to make a return fails, neglects or refuses to do so for the amount, in the manner and form and within the time prescribed by the municipality or district.

AB710, s. 568 Section 568. 66.77 of the statutes is renumbered 59.605.

AB710, s. 569 Section 569. 66.80 (title) of the statutes is renumbered 62.63 (title) and amended to read:

AB710,484,18 62.63 (title) Benefit funds for officers and employes of first 1st class cities.

AB710, s. 570 Section 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 Section 571. 66.80 (2) of the statutes is renumbered 62.63 (2) and amended to read:

AB710,485,9 62.63 (2) Retirement board. Upon approval by By a majority vote of the its members of, the common council of such a 1st class city the common council shall may create a retirement board, the members of which shall serve without compensation, which board shall have full power and authority to administer such an annuity and benefit fund, and to under this section. The retirement board may make such rules and regulations under which all participants shall contribute to and receive benefits from such the fund. Members of the board shall serve without compensation. Three members of the retirement board shall be city employes elected by the members of the retirement system and shall serve 4-year terms and 5 members shall be appointed under s. 66.146 62.51 and shall serve 3-year terms. The common council may provide for contribution by the city to such the annuity and benefit fund. The executive director of the retirement board shall be appointed under s. 66.146 62.51.

AB710, s. 572 Section 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 Section 573. 66.805 of the statutes is renumbered 62.65 and amended to read:

AB710,486,4 62.65 Death benefit payments to foreign beneficiaries. A retirement system of any The common council of a 1st class city of the first class may provide by appropriate enactment of the local legislative body that under the city's retirement system no beneficiary may be designated for the payment of any retirement allowance, pension or proceeds of a member of such the retirement system if such the beneficiary is not a resident of either the United States or Canada. If a beneficiary is designated who is neither a resident of the United States nor Canada, any contributions or retirement allowance which would have been paid to the beneficiary had the beneficiary been a resident of either the United States or Canada shall be deemed is payable to the estate of the deceased member of such the retirement system. The local legislative body of the city of the first class common council may also provide by appropriate enactment that if a death benefit would be payable because of the death of a member of the retirement system and the designated beneficiary of such the death benefit is not a resident of either the United States or Canada, the death benefit which would have been paid had the designated beneficiary been a resident of either the United States or Canada, shall be deemed is payable to the estate of the deceased member.

AB710, s. 574 Section 574. 66.81 of the statutes is renumbered 62.63 (4) and amended to read:

AB710,486,23 62.63 (4) Exemption of funds and benefits from taxation, execution and assignment. Except as provided in s. 49.852 and subject to s. 767.265, all moneys and assets of any a retirement system of any a 1st class city of the first class and all benefits and allowances and every portion thereof, both before and after payment to any beneficiary, granted under any such the retirement system shall be are exempt from any state, county or municipal tax or from attachment or garnishment process, and shall. The benefits and allowances may not be seized, taken, detained or levied upon by virtue of any executions, or any process or proceeding whatsoever issued out of or by any court of this state, for the payment and ratification in whole or in part of any debt, claim, damage, demand or judgment against any member of or beneficiary under any such the retirement system, and no. No member of or beneficiary under any such the retirement system shall have any right to may assign any benefit or allowance, or any part thereof, either by way of mortgage or otherwise; however, this. The prohibition shall against assigning a benefit or allowance does not apply to assignments made for the payment of insurance premiums. The exemption from taxation contained herein shall under this section does not apply with respect to any tax on income.

AB710, s. 575 Section 575. 66.82 of the statutes is renumbered 62.63 (3) and amended to read:

AB710,487,15 62.63 (3) Investment of retirement funds in 1st class cities. The board of any a retirement system in of a 1st class city, whose funds are independent of control by the investment board, shall have the power in addition to others provided to may invest funds from the system, in excess of the amount of cash required for current operations, in loans, securities and any other investments authorized for investment of funds of the public employe trust fund under s. 25.17 (3) (a) and (4). The independent retirement system board shall be then is subject to the conditions imposed on the investment board in making the investments under s. 25.17 (3) (e) to (g), (4), (7), (8) and (15) but is exempt from the operation of ch. 881. In addition to all other authority for the investment of funds granted to the board of any a retirement system of a 1st class city whose funds are independent of the control of the investment board, the retirement system board of the city may invest its funds in accordance with s. 206.34, 1969 stats. In making investments under this section subsection, the board of a retirement system of a 1st class city may invest in shares of investments authorized under this section subsection.

AB710, s. 576 Section 576. 66.88 of the statutes is renumbered 200.21, and 200.21 (intro.), (3), (4), (6), (7) and (10), as renumbered, are amended to read:

AB710,487,18 200.21 Definitions. (intro.) In ss. 66.88 to 66.918 this subchapter:

AB710,487,20 (3) "Commission" means the metropolitan sewerage commission created under s. 66.882 200.23.

AB710,487,22 (4) "District" means the metropolitan sewerage district created under s. 66.882 200.23.

AB710,488,2 (6) "Local sewer" means any sewer constructed, operated or maintained by any municipality. "Local sewer" does not include any sewer that has been incorporated into the sewerage system under s. 66.896 200.37 (2). If the classification of any sewer is unclear, the presumption shall be that the sewer is local.

AB710,488,6 (7) "Municipality" means any city, town, village, sanitary district organized under subch. IX of ch. 60 or metropolitan sewerage district organized under ss. 66.20 200.01 to 66.26 200.15 that is located wholly or partially within the district or that contracts for services under s. 66.898 200.39.

AB710,488,8 (10) "Sewerage service area" means the area of the district and the area for which service is provided by contract under s. 66.898 200.39.

AB710, s. 577 Section 577. 66.882 of the statutes is renumbered 200.23, and 200.23 (1) (a) and (b) 1. and (2) (a) (intro.) and (b), as renumbered, are amended to read:

AB710,488,13 200.23 (1) (a) Except as provided in par. (b), a commission is established under ss. 66.88 to 66.918 this subchapter if the common council of any 1st class city passes a resolution of necessity by a majority vote of the members-elect.

AB710,488,16 (b) 1. On April 27, 1982, each metropolitan sewerage district organized under s. 59.96, 1979 stats., is reorganized as a district under ss. 66.88 to 66.918 this subchapter and a commission is created under ss. 66.88 to 66.918 this subchapter.

AB710,489,4 (2) (a) (intro.) Except as provided in s. 66.884 200.25 (7), the mayor of the 1st class city shall appoint 7 individuals as members of the commission, each of whom shall have his or her principal residence in the 1st class city. Three of the commissioners appointed under this paragraph shall be elected officials. Each commissioner appointed under this paragraph may take his or her seat immediately upon appointment, pending confirmation or rejection by a majority of the members-elect of the common council. An appointee whose confirmation is pending may act within the scope of authority of a commissioner until the mayor withdraws the appointment or the common council rejects the appointment, whichever is earlier. The mayor shall withdraw any appointment that the common council rejects and may only resubmit the appointment for confirmation after at least one subsequent appointment is rejected. For the purposes of this paragraph, "elected official" means:

AB710,489,12 (b) Except as provided in s. 66.884 200.25 (7), an executive council composed of the elected executive officer of each city, village and town that is wholly or partly within the boundaries of the district under s. 66.888 200.29 (1), except a 1st class city, shall appoint 4 members of the commission by a majority vote of the members of the executive council. Each of these members shall have his or her principal residence within the district but outside the 1st class city. Three of these members shall be elected officials. Each commissioner appointed under this paragraph may take his or her seat immediately upon appointment.

AB710, s. 578 Section 578. 66.884 of the statutes is renumbered 200.25, and 200.25 (1) (a) 1. to 3. and (c), (2), (3), (4), (7) (a) and (8), as renumbered, are amended to read:

AB710,489,17 200.25 (1) (a) 1. Each commissioner appointed by the mayor of the 1st class city under s. 66.882 200.23 (2) (a) who is not an elected officer serves for a 3-year term or until a successor is appointed, whichever is later.

AB710,489,20 2. Each commissioner appointed by the mayor of the 1st class city under s. 66.882 200.23 (2) (a) who is an elected officer serves for a one-year term or until a successor is appointed, whichever is later.

AB710,489,23 3. Each commissioner appointed by the executive council under s. 66.882 200.23 (2) (b) serves for a 3-year term or until a successor is appointed, whichever is later.

AB710,490,4 (c) Of the initial commissioners who are not elected officers appointed by the mayor of the 1st class city under s. 66.882 200.23 (2) (a), one commissioner has a term of one year, one commissioner has a term of 2 years and 2 commissioners have a term of 3 years. One of the initial commissioners appointed by the executive council under s. 66.882 200.23 (2) (b) has a term of one year, one of the initial commissioners has a term of 2 years and 2 of the initial commissioners have terms of 3 years.

AB710,490,9 (2) Successors. The mayor shall appoint successors to commissioners appointed under s. 66.882 200.23 (2) (a) and the executive council shall appoint successors to commissioners appointed under s. 66.882 200.23 (2) (b), as provided in s. 66.882 200.23. Each successor shall be appointed at least 6 weeks before the expiration of the preceding commissioner's term.

AB710,490,16 (3) Change of residence or loss of elected status. Any commissioner appointed under s. 66.882 200.23 (2) (a) who moves his or her principal residence outside the 1st class city and any commissioner appointed under s. 66.882 200.23 (2) (b) who moves his or her principal residence outside the district or into the 1st class city shall resign. Any commissioner who is an elected official and who is not reelected or who otherwise leaves the elected office may serve not more than an additional 90 days after leaving office or until a successor is appointed, whichever occurs first.

AB710,490,22 (4) Vacancies. Vacancies occurring during the term of any commissioner shall be filled as provided under s. 66.882 200.23, but only for the balance of the unexpired term. All vacancies shall be filled within 90 days. The balance of the unexpired term constitutes one term for the commissioner appointed to fill the vacancy. A commissioner appointed to fill a vacancy may be reappointed for subsequent full terms, as provided in sub. (1) (a).

AB710,491,5 (7) (a) Commencing in 1990, in the year immediately following the date when the federal decennial census of population becomes available in printed form, the commission shall reapportion the allocation of appointments between s. 66.882 200.23 (2) (a) and (b) to reflect as nearly as possible the proportionate populations within the district of the 1st class city and of the cities, villages and towns that are represented on the executive council. As part of its reapportionment the commission may increase the number of seats to not more than 13 and may decrease the number of seats to not less than 9.

AB710,491,9 (8) Removal from office. Any commissioner appointed by the mayor under s. 66.882 200.23 (2) (a) may be removed by the mayor. Any commissioner appointed by the executive council under s. 66.882 200.23 (2) (b) may be removed by the same process as is used for appointment.

AB710, s. 579 Section 579. 66.886 of the statutes is renumbered 200.27, and 200.27 (1), (2) (a) 1. and (b), (3) and (4), as renumbered, are amended to read:

AB710,491,16 200.27 (1) Quorum. Six commissioners constitute a quorum for the transaction of business. If after reapportionment under s. 66.884 200.25 (7) the number of commissioners is increased to 12 or 13, 7 commissioners constitute a quorum. If after reapportionment under s. 66.884 200.25 (7) the number of commissioners is reduced to 9 or 10, 5 commissioners constitute a quorum.

AB710,491,22 (2) (a) 1. No resolution adopted by the commission under s. 66.91 200.55 (1), (3) (c) or (6), 67.05 (1) or 67.12 (12), no schedule of charges under s. 66.076 66.0821, 66.898 200.39 (4), 66.899 200.41 or 66.91 200.55 (5) (b) 3., no decision to borrow against taxes under s. 67.12 (1) and no decision to borrow under s. 24.61 (3) (a) 7. is valid unless adopted by an affirmative vote of at least a two-thirds majority of all commissioners.

AB710,492,3 (b) If one or more resolutions authorizing full financing of the capital budget adopted under s. 66.908 200.53 are not adopted on or before October 15 succeeding the annual adoption of the budget, the commission may by a vote of a simple majority of all commissioners annually levy taxes under s. 66.91 200.55 (6) (a) 4. or otherwise appropriate a sum from any source for the purpose of financing the capital budget. The total levy and appropriation may not exceed $40,000,000.

AB710,492,11 (3) Chairperson. The commission shall elect one commissioner as chairperson of the commission, for a term specified by rule by the commission. The chairperson is removable at pleasure by the commission. The chairperson shall preside over the meetings of the commission and shall perform other duties imposed upon the chairperson by ss. 66.88 to 66.918 this subchapter or assigned by the commission. The commission may also appoint a vice chairperson who may exercise the powers and shall perform the duties of the chairperson in the absence or disability of the chairperson.

AB710,492,18 (4) Secretary. The commission shall appoint a secretary who is not a member of the commission. The secretary is removable at pleasure by the commission and shall receive the compensation the commission determines. The compensation shall be paid at the time and in the same manner that the salaries of other employes of the district are paid. The secretary shall maintain all records concerning the district and shall perform the other duties that are imposed upon the secretary by ss. 66.88 to 66.918 this subchapter or that are assigned by the commission.

AB710, s. 580 Section 580. 66.888 of the statutes is renumbered 200.29, and 200.29 (1) (b) and (c) 3. and (2) (b), as renumbered, are amended to read:

AB710,492,22 200.29 (1) (b) The initial boundary of a district created under s. 66.882 200.23 (1) (b) is the same as the boundary of the district created under s. 59.96 (5), 1979 stats.

AB710,493,4 (c) 3. Within 90 days after all commissioners have been appointed under s. 66.882 200.23, the commission shall adopt rules concerning the factors to be considered in determining the redefined boundary of the district under subd. 2. The commission may also establish conditions by rule that shall apply if an area is not within the district after the boundary is redefined but is subsequently added to the district under par. (d). When adopting rules under this subdivision the commission shall consider, among other considerations:

AB710,493,6 (2) (b) The name of a district created under s. 66.882 200.23 (1) (b) is the Milwaukee metropolitan sewerage district.

AB710, s. 581 Section 581. 66.89 of the statutes is renumbered 200.31, and 200.31 (intro.), as renumbered, is amended to read:

AB710,493,10 200.31 General duties of the commission. (intro.) Subject to ss. 66.88 200.21 to 66.918 200.65, the commission shall:

AB710, s. 582 Section 582. 66.892 of the statutes is renumbered 200.33, and 200.33 (1) (b), as renumbered, is amended to read:

AB710,493,16 200.33 (1) (b) Except as provided in sub. (2), ss. 66.88 200.21 to 66.918 200.65 do not authorize the commission to operate, maintain, rehabilitate or preserve local sewers or appurtenant local facilities constructed by a municipality or to separate combined storm and sanitary sewers.

AB710, s. 583 Section 583. 66.894 of the statutes is renumbered 200.35, and 200.35 (1) (intro.), (2) (b), (5) (a) and (11) (a) and (c), as renumbered, are amended to read:

AB710,493,21 200.35 (1) General powers of the commission. (intro.) To the extent necessary to carry out its duties under s. 66.89 200.31, the commission may project, plan, design, adopt, construct, operate and maintain:

AB710,494,2 (2) (b) Nothing in ss. 66.88 to 66.918 this subchapter authorizes the commission to lay or construct any part of the sewerage system after April 27, 1982, over, upon or under any land covered by any outlying waters, as defined in s. 29.001 (63), unless the commission first obtains the prior consent of both houses of the legislature and the governor.

AB710,494,9 (5) (a) In its actions under ss. 66.88 to 66.918 this subchapter, the commission shall comply with local zoning and land use ordinances unless it finds that, in carrying out its responsibilities under ss. 66.88 to 66.918 this subchapter, deviation from these ordinances meets the test of public necessity, as that term is used for the purposes of ch. 32. The commission may only make determinations of public necessity by resolution. This paragraph does not authorize the commission to deviate from floodplain or shoreland zoning ordinances.

AB710,494,16 (11) (a) The commission may enter upon any land or water in the district for the purpose of making examinations, test borings, tests or surveys in the performance of its responsibilities under ss. 66.88 to 66.918 this subchapter. The commission shall compensate for damage caused by its examinations, test borings, tests or surveys. The commission may examine any sewer or sewerage system to determine if the sewer or sewerage system is defective in operation, construction, design or supervision.

AB710,495,2 (c) If the consent of the owner cannot be obtained, the district shall obtain a special entry warrant prior to entry onto the land. To obtain a special entry warrant, the district shall petition the circuit court for the county in which the land to be entered is located and shall mail a copy of the petition by registered mail to the owner's last-known address, if any. If the court determines that entry onto the land is reasonably related to the performance of the district's responsibilities under ss. 66.88 to 66.918 this subchapter, the court shall issue the warrant on the district's affidavit that the district intends to enter the land under this subsection, that the district has mailed, at least 5 days prior to the affidavit, a copy of the petition for the warrant to the owner as required in this paragraph and that the district has been otherwise unable to obtain the owner's consent.

AB710, s. 584 Section 584. 66.896 of the statutes is renumbered 200.37, and 200.37 (2) (a) and (3), as renumbered, are amended to read:

AB710,495,16 200.37 (2) (a) The commission may temporarily use any public sewer or drain, including any storm sewer or drain, in the district for the purposes of ss. 66.88 to 66.918 this subchapter. The commission may incorporate with the sewerage system for use as an outfall sewer into a channeled watercourse or as an interceptor sewer any public sewer or drain, including any storm sewer or drain, and any of their appurtenances, either in their existing condition or with repairs or modifications as the commission may determine. The commission may condemn, close up, abolish, destroy, alter the functions or increase the flow of any of those public sewers and drains incorporated with the sewerage system as it deems necessary to carry out the purposes of ss. 66.88 to 66.918 this subchapter. If the commission decides to incorporate or utilize a sewer or drain under this subsection, it shall use the procedures specified in par. (b).

AB710,495,23 (3) Power to require connection. The commission may compel any owner or occupant of any premises located along the line of any interceptor sewer or along the line of any sewer of a municipality that is discharging sewage, refuse or industrial wastes of any kind into any river or canal within the drainage area of the district to change or rebuild any outlet, drain or sewer so as to discharge all the sewage, refuse or industrial wastes into the sewers of the town, city or village or into the district's interceptor sewer under rules adopted by the commission under s. 66.902 200.45.

AB710, s. 585 Section 585. 66.898 of the statutes is renumbered 200.39, and 200.39 (1) to (3), (4) (a) and (b) and (5) (a) (intro.) and 2., as renumbered, are amended to read:

AB710,496,9 200.39 (1) General power of the commission. Subject to subs. (2) to (6), the commission may contract with any city, town, village, sanitary district organized under subch. IX of ch. 60 or metropolitan sewerage district organized under ss. 66.20 to 66.26 subch. I wholly or partially outside the boundaries of the district, but wholly or partially within the same general drainage area as the district for the transmission, treatment or disposal of sewage from any territory located in the city, town, village, sanitary district or metropolitan sewerage district. Each contract executed under this section shall specify the terms of payment of sewerage service charges by the contracting party.

AB710,496,15 (2) Prior approvals. Before permitting any city, town, village, sanitary district or metropolitan sewerage district to connect its sewers with or use any of the district's interceptor sewers under this section, the sewers shall be approved as provided in s. 66.896 200.37 (1). The governing body of the city, town, village, sanitary district or metropolitan sewerage district may enter into a contract under this section only by a vote of three-fourths of its members.

AB710,496,22 (3) Service charges for operation and maintenance. As part of any contract executed under this section, the commission may assess reasonable and just sewerage service charges against the contracting party with respect to operating and maintenance costs. These charges shall be established in accordance with s. 66.912 200.59 and are subject to review under s. 66.912 200.59. The schedule of service charges may, but need not, be uniform with any other schedule of charges established by the commission.

AB710,497,3 (4) (a) As part of any contract executed under this section, the commission may assess reasonable and just sewerage service charges against the contracting party with respect to capital costs. These sewerage service charges are subject to review under s. 66.912 200.59. The schedule of sewerage service charges with respect to capital costs used in contracts executed under this section shall be uniform with the system used to recover capital costs within the district.

AB710,497,11 (b) Except as provided in par. (c), the charges assessed under this subsection shall be established in accordance with s. 66.076 66.0821 or 66.91 200.55 (5). In computing the schedule of charges under this subsection, the commission may consider the factors specified in s. 66.076 66.0821 (5) or 66.91 200.55 (5). In computing the schedule of charges under this subsection, the commission may also consider the fact that sewerage service may not be available to or may be available to but not utilized by a part of the property located within the territorial limits of a contracting party at the time of computing the schedule.

AB710,497,15 (5) (a) (intro.) Any city, town, village, sanitary district organized under subch. IX of ch. 60 or metropolitan sewerage district organized under ss. 66.20 to 66.26 subch. I that contracts under this subsection may provide for the payment of charges from any available source, including:

AB710,497,19 2. Assessments upon and assessments of charges against the whole city, town, village, sanitary district organized under subch. IX of ch. 60 or metropolitan sewerage district organized under ss. 66.20 to 66.26 subch. I or upon or against any part thereof that the governing body determines to be benefited by the service.

AB710, s. 586 Section 586. 66.899 of the statutes is renumbered 200.41, and 200.41 (1) to (3), as renumbered, are amended to read:

AB710,498,5 200.41 (1) Notwithstanding ss. 66.076 66.0821 and 66.91 200.55 (5), if the commission establishes a system to recover capital costs within the district on the basis of the value of property in the area to be served, as equalized under s. 70.57, the commission shall establish a system of sewerage service charges to recover capital costs which shall be used with respect to any area which is served by the district and which is outside the boundaries of the district and outside of any municipality which has contracted with the district under s. 66.898 200.39. The charges shall be equal to the amount the commission would be authorized to levy as taxes upon the area served if the area were within the district's boundaries.

AB710,498,7 (2) Any charge made by the district under this section is reviewable under s. 66.912 200.59 (5) if the charge has been paid.

AB710,498,9 (3) Section 66.91 200.55 (5) (b) and (d) apply to charges assessed under this section.

AB710, s. 587 Section 587. 66.90 of the statutes is renumbered 200.43, and 200.43 (1), as renumbered, is amended to read:

AB710,498,20 200.43 (1) General power of the commission. The commission may acquire by gift, purchase, lease or other methods of acquisition or by condemnation, any real property situated in the state and all tenements, hereditaments and appurtenances belonging or in any way appertaining to, or in any interest, franchise, easement, right or privilege therein, that may be needed for the purpose of projecting, planning, constructing and maintaining the sewerage system, that may be needed for the collection, transmission or disposal of all sewage or drainage of the district or that may be needed for improving any river or stream within the district under s. 66.894 200.35 (8) (a) or (b).

AB710, s. 588 Section 588. 66.902 of the statutes is renumbered 200.45, and 200.45 (1) (b), as renumbered, is amended to read: