SB45,787,176 51.42 (3) (e) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78
7(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7), 253.07
8(3) (c) and 938.78 (2) (a), any subunit of a county department of community programs
9acting under this section may exchange confidential information about a client,
10without the informed consent of the client, with any other subunit of the same county
11department of community programs, with a resource center, care management
12organization or family care district,
or with any person providing services to the
13client under a purchase of services contract with the county department of
14community programs or with a resource center, care management organization or
15family care district
, if necessary to enable an employe or service provider to perform
16his or her duties, or to enable the county department of community programs to
17coordinate the delivery of services to the client.
SB45, s. 1567 18Section 1567. 51.423 (1) of the statutes is amended to read:
SB45,788,419 51.423 (1) The department shall fund, within the limits of the department's
20allocation for mental health services under s. 20.435 (3) (o) and (7) (b), (kw), (kz) and
21(o) and subject to this section, services for mental illness, developmental disability,
22alcoholism and drug abuse to meet standards of service quality and accessibility. The
23department's primary responsibility is to guarantee that county departments
24established under either s. 51.42 or 51.437 receive a reasonably uniform minimum
25level of funding and its secondary responsibility is to fund programs which meet

1exceptional community needs or provide specialized or innovative services. Moneys
2appropriated under s. 20.435 (7) (b) and earmarked by the department for mental
3health services under s. 20.435 (7) (o) shall be allocated by the department to county
4departments under s. 51.42 or 51.437 in the manner set forth in this section.
SB45, s. 1568 5Section 1568. 51.423 (2) of the statutes is amended to read:
SB45,788,236 51.423 (2) From the appropriations under s. 20.435 (3) (o) and (7) (b), (kw), (kz)
7and (o), the department shall distribute the funding for services provided or
8purchased by county departments under s. 46.23, 51.42 or 51.437 to such county
9departments as provided under s. 46.40. County matching funds are required for the
10distributions under s. 46.40 (2) and (9) (b). Each county's required match for the
11distributions under s. 46.40 (2)
for a year equals 9.89% of the total of the county's
12distributions under s. 46.40 (2) for that year for which matching funds are required
13plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for
14juvenile delinquency-related services from its distribution for 1987. Each county's
15required match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of
16that county's amounts described in s. 46.40 (9) (a) (intro.) for that year.
Matching
17funds may be from county tax levies, federal and state revenue sharing funds or
18private donations to the counties that meet the requirements specified in sub. (5).
19Private donations may not exceed 25% of the total county match. If the county match
20is less than the amount required to generate the full amount of state and federal
21funds distributed for this period, the decrease in the amount of state and federal
22funds equals the difference between the required and the actual amount of county
23matching funds.
SB45, s. 1569 24Section 1569. 51.423 (2m) of the statutes is created to read:
SB45,789,5
151.423 (2m) The department shall pay any performance-based distribution
2under s. 46.40 (2) earned by a county department under s. 46.23, 51.42 or 51.437 by
3December 31 of the year after the year in which the performance-based distribution
4was earned. The county department may expend that distribution for any purpose
5specified in s. 20.435 (7) (b).
SB45, s. 1570 6Section 1570. 51.437 (4m) (n) of the statutes is created to read:
SB45,789,107 51.437 (4m) (n) If authorized under s. 46.283 (1) (a) 1., apply to the department
8of health and family services to operate a resource center under s. 46.283 and, if the
9department contracts with the county under s. 46.283 (2), operate the resource
10center.
SB45, s. 1571 11Section 1571. 51.437 (4m) (p) of the statutes is created to read:
SB45,789,1512 51.437 (4m) (p) If authorized under s. 46.284 (1) (a) 1., apply to the department
13of health and family services to operate a care management organization under s.
1446.284 and, if the department contracts with the county under s. 46.284 (2), operate
15the care management organization and, if appropriate, place funds in a risk reserve.
SB45, s. 1572 16Section 1572. 51.437 (4r) (b) of the statutes is amended to read:
SB45,790,317 51.437 (4r) (b) Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83,
1851.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a),
19any subunit of the county department of developmental disabilities services acting
20under this section may exchange confidential information about a client, without the
21informed consent of the client, with any other subunit of the same county department
22of developmental disabilities services, with a resource center, care management
23organization or family care district,
or with any person providing services to the
24client under a purchase of services contract with the county department of
25developmental disabilities services or with a resource center, care management

1organization or family care district
, if necessary to enable an employe or service
2provider to perform his or her duties, or to enable the county department of
3developmental disabilities services to coordinate the delivery of services to the client.
SB45, s. 1573 4Section 1573. 51.45 (5) of the statutes is repealed.
SB45, s. 1574 5Section 1574. 51.61 (1) (g) 3m. of the statutes is amended to read:
SB45,790,106 51.61 (1) (g) 3m. Following a final commitment order for a subject individual
7who is determined to meet the commitment standard under s. 51.20 (1) (a) 2. e., the
8court shall issue an order permitting medication or treatment to be administered to
9the individual regardless of his or her consent. This subdivision does not apply after
10November 30, 2001.
SB45, s. 1575 11Section 1575. 58.06 of the statutes is repealed.
SB45, s. 1576 12Section 1576. 59.25 (3) (f) 2. of the statutes is amended to read:
SB45,791,1413 59.25 (3) (f) 2. For all court imposed fines and forfeitures required by law to be
14deposited in the state treasury, the amounts required by s. 165.87 757.05 for the
15penalty assessment surcharge, the amounts required by s. 165.755 for the crime
16laboratories and drug law enforcement assessment, the amounts required by s.
17167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the
18crime victim and witness assistance surcharge, the amounts required by s. 938.34
19(8d) for the delinquency victim and witness assistance surcharge, the amounts
20required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts
21required by s. 961.41 (5) for the drug abuse program improvement surcharge, the
22amounts required by s. 100.261 for the consumer information assessment,
the
23amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the
24domestic abuse assessment, the amounts required by s. 253.06 (4) (c) for the
25enforcement assessment under the supplemental food program for women, infants

1and children, the amounts required by ss. 346.177, 346.495 and 346.65 (4r) for the
2railroad crossing improvement assessment, the amounts required by s. 346.655 (2)
3(a) and (b) for the driver improvement surcharge, the amounts required by s. 102.85
4(4) for the uninsured employer assessment, the amounts required by s. 299.93 for the
5environmental assessment, the amounts required by s. 29.983 for the wild animal
6protection assessment, the amounts required by s. 29.987 for the natural resources
7assessment surcharge, the amounts required by s. 29.985 for the fishing shelter
8removal assessment, the amounts required by s. 350.115 for the snowmobile
9registration restitution payment and the amounts required by s. 29.989 for natural
10resources restitution payments, transmit to the state treasurer a statement of all
11moneys required by law to be paid on the actions entered during the preceding month
12on or before the first day of the next succeeding month, certified by the county
13treasurer's personal signature affixed or attached thereto, and at the same time pay
14to the state treasurer the amount thereof.
SB45, s. 1577 15Section 1577. 59.40 (2) (m) of the statutes is amended to read:
SB45,792,1716 59.40 (2) (m) Pay monthly to the treasurer for the use of the state the state's
17percentage of the fees required to be paid on each civil action, criminal action and
18special proceeding filed during the preceding month and pay monthly to the
19treasurer for the use of the state the percentage of court imposed fines and forfeitures
20required by law to be deposited in the state treasury, the amounts required by s.
21165.87 (2) (b) 757.05 for the penalty assessment surcharge, the amounts required by
22s. 165.755 for the crime laboratories and drug law enforcement assessment, the
23amounts required by s. 167.31 (5) for the weapons assessment, the amounts required
24by s. 973.045 for the crime victim and witness assistance surcharge, the amounts
25required by s. 938.34 (8d) for the delinquency victim and witness assistance

1surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis
2surcharge, the amounts required by s. 961.41 (5) for the drug abuse program
3improvement surcharge, the amounts required by s. 100.261 for the consumer
4information assessment,
the amounts authorized by s. 971.37 (1m) (c) 1. or required
5by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by
6s. 253.06 (4) (c) for the enforcement assessment under the supplemental food
7program for women, infants and children, the amounts required by ss. 346.177,
8346.495 and 346.65 (4r) for the railroad crossing improvement assessment, the
9amounts required by s. 346.655 for the driver improvement surcharge, the amounts
10required by s. 102.85 (4) for the uninsured employer assessment, the amounts
11required by s. 299.93 for the environmental assessment, the amounts required under
12s. 29.983 for the wild animal protection assessment, the amounts required under s.
1329.987 (1) (d) for the natural resources assessment surcharge, the amounts required
14by s. 29.985 for the fishing shelter removal assessment, the amounts required by s.
15350.115 for the snowmobile registration restitution payment and the amounts
16required under s. 29.989 (1) (d) for the natural resources restitution payments. The
17payments shall be made by the 15th day of the month following receipt thereof.
SB45, s. 1578 18Section 1578. 59.69 (3) (a) of the statutes is amended to read:
SB45,793,319 59.69 (3) (a) The county zoning agency shall direct the preparation of a county
20development plan or parts thereof for the physical development of the
21unincorporated territory within the county and areas within incorporated
22jurisdictions whose governing bodies by resolution agree to having their areas
23included in the county's development plan. The plan may be adopted in whole or in
24part and may be amended by the board and endorsed by the governing bodies of
25incorporated jurisdictions included in the plan. The county development plan, in

1whole or in part, in its original form or as amended, is hereafter referred to as the
2development plan. The development plan shall contain at least the elements
3described in s. 66.0295.
SB45, s. 1579 4Section 1579. 59.69 (3) (b) of the statutes is repealed and recreated to read:
SB45,793,85 59.69 (3) (b) The development plan shall include the master plan, if any, of any
6city or village, which was adopted under s. 62.23 (2) or (3) and the official map, if any,
7of such city or village, which was adopted under s. 62.23 (6) in the county, without
8change.
SB45, s. 1580 9Section 1580. 59.692 (6m) of the statutes is created to read:
SB45,793,1410 59.692 (6m) For an amendment to an ordinance enacted under this section that
11affects an activity that meets all of the requirements under s. 281.165 (1) to (5), the
12department may not proceed under sub. (6) or (7) (b) or (c), or otherwise review the
13amendment, to determine whether the ordinance, as amended, fails to meet the
14shoreland zoning standards.
SB45, s. 1581 15Section 1581. 59.70 (1) of the statutes is amended to read:
SB45,793,2216 59.70 (1) Building and sanitary codes. The board may enact building and
17sanitary codes, make necessary rules and regulations in relation thereto and provide
18for enforcement of the codes, rules and regulations by forfeiture or otherwise. The
19codes, rules and regulations do not apply within municipalities which have enacted
20ordinances or codes concerning the same subject matter. "Sanitary code" does not
21include a private small sewage system ordinance enacted under sub. (5). "Building
22and sanitary codes" does not include well code ordinances enacted under sub. (6).
SB45, s. 1582 23Section 1582. 59.70 (5) of the statutes is amended to read:
SB45,794,724 59.70 (5) Private Small sewage system ordinance. (a) Every governmental
25unit responsible for the regulation of private small sewage systems, as defined under

1s. 145.01 (5), shall enact an ordinance governing private small sewage systems, as
2defined in s. 145.01 (12) (14m), which conforms with the state plumbing code. The
3ordinance shall apply to the entire area of the governmental unit responsible for the
4regulation of private small sewage systems, as defined under s. 145.01 (5). After
5July 1, 1980, no municipality may enact or enforce a private small sewage system
6ordinance unless it is a governmental unit responsible for the regulation of private
7small sewage systems, as defined under s. 145.01 (5).
SB45,794,108 (b) The governmental unit responsible for the regulation of private small
9sewage systems, as defined under s. 145.01 (5), shall administer the private small
10sewage system ordinance under s. 145.20 and the rules promulgated under s. 145.20.
SB45, s. 1583 11Section 1583. 60.70 (5) of the statutes is amended to read:
SB45,794,1912 60.70 (5) "Private sewage system" has the meaning given under s. 145.01 (12)
13means a sewage treatment and disposal system serving a single structure with a
14septic tank and soil absorption field located on the same parcel as the structure. This
15term also means an alternative sewage system approved by the department of
16commerce including a substitute for the septic tank or soil absorption field, a holding
17tank, a system serving more than one structure or a system located on a different
18parcel than the structure. A private sewage system may be owned by the property
19owner or by a special purpose district
.
SB45, s. 1584 20Section 1584. 60.70 (6m) of the statutes is created to read:
SB45,794,2121 60.70 (6m) "Small sewage system" has the meaning given in s. 145.01 (14m).
SB45, s. 1585 22Section 1585. 60.726 (2) of the statutes is amended to read:
SB45,795,1123 60.726 (2) If a property owner installed on his or her property a private sewage
24system, as defined in s. 145.01 (12), that conforms with the state plumbing code,
25before a town sanitary district that encompasses that property came into existence,

1that property shall be included in the town sanitary district. If the private sewage
2system was installed on or after 10 years before May 14, 1992, and if the property
3owner provides the town sanitary district with any information about the cost of the
4private sewage system required by the district, the town sanitary district, when the
5district issues any assessment or charges or imposes property taxes to construct a
6sewage service system, shall pay or credit the property owner an amount equal to
710% of the cost of the private sewage system, less any grants or aids received by the
8property owner for construction of the private sewage system, multiplied by the
9number of years of remaining life of the private sewage system. The number of years
10of remaining life of the private sewage system is equal to 10 minus the number of
11years that the private sewage system has been in operation.
SB45, s. 1586 12Section 1586. 60.77 (5) (b) of the statutes is amended to read:
SB45,795,1313 60.77 (5) (b) Require the installation of private small sewage systems.
SB45, s. 1587 14Section 1587. 60.77 (5) (bm) of the statutes is amended to read:
SB45,795,1915 60.77 (5) (bm) Require the inspection of private small sewage systems that
16have been already installed to determine compliance with the state plumbing code
17and may report violations of the state plumbing code to the governmental unit
18responsible for the regulation of private small sewage systems for enforcement under
19s. 145.20.
SB45, s. 1588 20Section 1588. 60.77 (5) (bs) of the statutes is amended to read:
SB45,795,2321 60.77 (5) (bs) Provide direct financial assistance for costs related to the
22replacement of private small sewage systems, as defined in s. 145.01 (12) (14m), that
23are failing.
SB45, s. 1589 24Section 1589. 60.77 (5) (j) of the statutes is amended to read:
SB45,796,2
160.77 (5) (j) Administer the private small sewage system program if authorized
2under s. 145.20 (1) (am).
SB45, s. 1590 3Section 1590. 62.23 (2) of the statutes is amended to read:
SB45,797,44 62.23 (2) Functions. It shall be the function and duty of the commission to
5make and adopt a master plan for the physical development of the city, including any
6areas outside of its boundaries which in the commission's judgment bear relation to
7the development of the city provided, however, that in any county where a regional
8planning department has been established, areas outside the boundaries of a city
9may not be included in the master plan without the consent of the county board of
10supervisors. The master plan, with the accompanying maps, plats, charts and
11descriptive and explanatory matter, shall show the commission's recommendations
12for such physical development, and may include, among other things without
13limitation because of enumeration, the general location, character and extent of
14streets, highways, freeways, street grades, roadways, walks, bridges, viaducts,
15parking areas, tunnels, public places and areas, parks, parkways, playgrounds, sites
16for public buildings and structures, airports, pierhead and bulkhead lines,
17waterways, routes for railroads and buses, historic districts, and the general location
18and extent of sewers, water conduits and other public utilities whether privately or
19publicly owned, the acceptance, widening, narrowing, extension, relocation,
20removal, vacation, abandonment or change of use of any of the foregoing public ways,
21grounds, places, spaces, buildings, properties, utilities, routes or terminals, the
22general location, character and extent of community centers and neighborhood
23units, the general character, extent and layout of the replanning of blighted districts
24and slum areas, and a comprehensive zoning plan
shall contain at least the elements
25described in s. 66.0295
. The commission may from time to time amend, extend or add

1to the master plan or carry any part or subject matter into greater detail. The
2commission may adopt rules for the transaction of business and shall keep a record
3of its resolutions, transactions, findings and determinations, which record shall be
4a public record.
SB45, s. 1591 5Section 1591. 62.23 (3) (b) of the statutes is amended to read:
SB45,797,196 62.23 (3) (b) The commission may adopt the master plan as a whole by a single
7resolution, or, as the work of making the whole master plan progresses, may from
8time to time by resolution adopt a part or parts thereof, any such part to correspond
9generally with one or more of the functional subdivisions of the subject matter of the
10plan
elements specified in s. 66.0295. The adoption of the plan or any part,
11amendment or addition, shall be by resolution carried by the affirmative votes of not
12less than a majority of all the members of the city plan commission. The resolution
13shall refer expressly to the maps, descriptive matter, elements under s. 66.0295 and
14other matters intended by the commission to form the whole or any part of the plan,
15and the action taken shall be recorded on the adopted plan or part thereof by the
16identifying signature of the secretary of the commission, and a copy of the plan or
17part thereof shall be certified to the common council. The purpose and effect of the
18adoption and certifying of the master plan or part thereof shall be solely to aid the
19city plan commission and the council in the performance of their duties.
SB45, s. 1592 20Section 1592. 62.231 (6m) of the statutes is created to read:
SB45,797,2521 62.231 (6m) Certain amendments to ordinances. For an amendment to an
22ordinance enacted under this section that affects an activity that meets all of the
23requirements under s. 281.165 (1) to (5), the department of natural resources may
24not proceed under sub. (6), or otherwise review the amendment, to determine
25whether the ordinance, as amended, fails to meet reasonable minimum standards.
SB45, s. 1593
1Section 1593. 66.014 (8) (b) of the statutes is amended to read:
SB45,798,92 66.014 (8) (b) On the basis of the hearing the circuit court shall find if the
3standards under s. 66.015 are met. If the court finds that the standards are not met,
4the court shall dismiss the petition. If the court finds that the standards are met the
5court shall refer the petition to the department and thereupon the department shall
6determine whether or not the standards under s. 66.016 are met, except that if the
7incorporation is part of a cooperative boundary agreement under s. 66.023, the
8department is not required to determine whether the standards under s. 66.016 are
9met
.
SB45, s. 1594 10Section 1594. 66.015 (intro.) of the statutes is amended to read:
SB45,798,15 1166.015 Standards to be applied by the circuit court. (intro.) Before
12referring the incorporation petition as provided in s. 66.014 (2) to the department,
13the court shall determine whether the petition meets the formal and signature
14requirements and shall further find, except as provided in sub. (6), that the following
15minimum requirements are met:
SB45, s. 1595 16Section 1595. 66.015 (5) of the statutes is amended to read:
SB45,798,2117 66.015 (5) Standards when near first, second or third class city. Where the
18proposed boundary of a metropolitan village or city is within 10 miles of the boundary
19of a city of the first class or 5 miles of a city of the second or third class, the minimum
20area requirements shall be 4 3 and 6 square miles for villages and cities,
21respectively.
SB45, s. 1596 22Section 1596. 66.015 (6) of the statutes is created to read:
SB45,798,2523 66.015 (6) Incorporation as part of cooperative plan. If an incorporation is
24part of a cooperative plan under s. 66.023, the court may not consider whether any
25of the requirements under subs. (1) to (5) are met.
SB45, s. 1597
1Section 1597. 66.021 (7) (d) of the statutes is amended to read:
SB45,799,62 66.021 (7) (d) The annexation shall be effective upon enactment of when the
3annexation ordinance is recorded by the clerk with the register of deeds as provided
4in sub. (8) (a)
. The board of school directors in any city of the first class shall not be
5required to administer the schools in any territory annexed to any such city until
6July 1 following such annexation.
SB45, s. 1598 7Section 1598. 66.021 (8) (a) of the statutes is amended to read:
SB45,799,228 66.021 (8) (a) The clerk of a city or village which has annexed territory shall
9file immediately with the secretary of state a certified copy of the ordinance,
10certificate and plat, and shall send one copy of the ordinance, certificate and plat to
11each company that provides any utility service in the area that is annexed. The clerk
12shall also record the ordinance with the register of deeds and file a signed copy of the
13ordinance with the clerk of any affected school district. Failure to file, record or send
14shall not invalidate the annexation and the duty to file, record or send shall be a
15continuing one.
The ordinance that is filed, recorded or sent shall describe the
16annexed territory and the associated population. The information filed with the
17secretary of state shall be utilized in making recommendations for adjustments to
18entitlements under the federal revenue sharing program and distribution of funds
19under ch. 79. The clerk shall certify annually to the secretary of state and record with
20the register of deeds a legal description of the total boundaries of the municipality
21as those boundaries existed on December 1, unless there has been no change in the
2212 months preceding.
SB45, s. 1599 23Section 1599. 66.021 (11) (a) of the statutes is amended to read:
SB45,800,2124 66.021 (11) (a) Annexations within populous counties. No annexation
25proceeding within a county having a population of 50,000 or more shall be valid

1unless the person causing a notice of annexation to be published under sub. (3) shall
2within 5 days of the publication mail a copy of the notice, legal description and a scale
3map of the proposed annexation to the clerk of each municipality affected and the
4department of administration, except that if the department of administration
5determines within 5 days of receipt of the documents that the legal description or
6scale map is illegible, contains errors that prevent the department from ascertaining
7the territory that is proposed to be annexed or do not conform to generally accepted
8standards for the preparation of legal descriptions and scale maps the department
9may refuse acceptance of the documents and the annexation process may not
10continue. If the refused documents are resubmitted by the proposed annexing city
11or village to the department of administration not later than 10 days after they have
12been returned and the department determines that they are legible, accurate and
13conform to generally accepted standards for the preparation of legal descriptions and
14scale maps the annexation shall proceed
. The department may within 20 60 days
15after receipt of the notice mail to the clerk of the town within which the territory lies
16and to the clerk of the proposed annexing village or city a notice that in its opinion
17the annexation is against the public interest. No later than 10 days after mailing the
18notice, the department shall advise the clerk of the town in which the territory is
19located and the clerk of the village or city to which the annexation is proposed of the
20reasons the annexation is against the public interest as defined in par. (c). The
21annexing municipality shall review the advice before final action is taken.
SB45, s. 1600 22Section 1600. 66.023 (title) of the statutes is amended to read:
SB45,800,24 2366.023 (title) Boundary change pursuant to approved cooperative
24plan
; incorporation of certain towns.
SB45, s. 1601 25Section 1601. 66.023 (2) (intro.) of the statutes is amended to read:
SB45,801,8
166.023 (2) Boundary change authority. (intro.) Any combination of
2municipalities may determine the boundary lines between themselves under a
3cooperative plan that is approved by the department under this section. The
4cooperative plan may also include the incorporation of all or part of a town into a city
5or village, as described in sub. (4) (am).
No boundary of a municipality may be
6changed or maintained under this section unless the municipality is a party to the
7cooperative agreement. The cooperative plan shall provide one or more of the
8following:
SB45, s. 1602 9Section 1602. 66.023 (2) (e) of the statutes is created to read:
SB45,801,1310 66.023 (2) (e) The date on which all or part of a town that is a party to the plan
11is to become incorporated as a city or village and the boundary of the new city or
12village if it does not include all of the territory of the town from which it was
13incorporated.
SB45, s. 1603 14Section 1603. 66.023 (4) (am) of the statutes is created to read:
SB45,801,1815 66.023 (4) (am) Procedure if cooperative plan includes an incorporation. 1. For
16a proposed plan to include an incorporation, the steps contained in ss. 66.014 (1) to
17(4) and (8) and 66.015 shall be concluded before the start of the hearing under par.
18(b).
SB45,801,2319 2. If the steps described in subd. 1 are concluded before the start of the hearing
20and if the final cooperative plan is submitted to the department for review under sub.
21(5), the department shall, as part of its review, consider the effect of the proposed
22incorporation on the remainder of the town, if any, and on the other parties to the
23plan.
SB45,802,224 3. The final cooperative plan shall also contain a contingency cooperative plan
25that will take the place of the final cooperative plan in the event that the proposed

1incorporation that is part of the final cooperative plan is defeated in the referendum
2that is described under subd. 4.
SB45,802,73 4. If the department approves a final cooperative plan under sub. (5) that
4contains an incorporation of all or part of a town, the incorporation may not take
5effect until it is approved in a referendum that shall be held under s. 66.018. If the
6majority of votes cast in the referendum is against the incorporation, the contingent
7cooperative plan shall take the place of the final cooperative plan.
SB45, s. 1604 8Section 1604. 66.023 (5) (c) 7. of the statutes is created to read:
SB45,802,119 66.023 (5) (c) 7. If the cooperative plan contains a proposed incorporation, the
10incorporation is in the public interest. In determining whether the incorporation is
11in the public interest, the department may apply the standards under s. 66.016.
SB45, s. 1605 12Section 1605. 66.023 (7m) of the statutes is amended to read:
SB45,802,2413 66.023 (7m) Zoning in town territory. If a town is a party to a cooperative plan
14with a city or village, the town and city or village may agree, as part of the cooperative
15plan, to authorize the town, city or village to adopt a zoning ordinance under s. 60.61,
1661.35 or 62.23 for all or a portion of the town territory covered by the plan. The
17exercise of zoning authority by a town under this subsection is not subject to s. 60.61
18(3) or 60.62 (3). If a county zoning ordinance applies to the town territory covered
19by the plan, that ordinance and amendments to it continue until a zoning ordinance
20is adopted under this subsection. If a zoning ordinance is adopted under this
21subsection, that zoning ordinance continues in effect after the planning period ceases
22until a different zoning ordinance for the territory is adopted under other applicable
23law. This subsection does not affect zoning ordinances adopted under ss. 59.692,
2487.30 or 91.71 to 91.78 91.73 to 91.77.
SB45, s. 1606 25Section 1606. 66.0295 of the statutes is created to read:
SB45,803,1
166.0295 Comprehensive planning. (1) Definitions. In this section:
SB45,803,22 (a) "Comprehensive plan" means:
SB45,803,43 1. For a county, a development plan that is prepared or amended under s. 59.69
4(2) or (3).
SB45,803,65 2. For a city or a village, or for a town that exercises village powers under s.
660.22 (3), a master plan that is adopted or amended under s. 62.23 (2) or (3).
SB45,803,87 3. For a regional planning commission, a master plan that is adopted or
8amended under s. 66.945 (8), (9) or (10).
SB45,803,109 (b) "Local governmental unit" means a city, village, town, county or regional
10planning commission that may adopt, prepare or amend a comprehensive plan.
SB45,803,12 11(2) Contents of a comprehensive plan. A comprehensive plan shall contain
12all of the following elements:
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