SB45: Bill Text

SB45,814,13 66.285 (4) (f) The failure to pay timely due to an occurrence to which s. 893.83 applies.

SB45, s. 1619 Section 1619. 66.299 (3) (a) 1. of the statutes is amended to read:

SB45,814,17 66.299 (3) (a) 1. A local governmental unit shall, to the extent practicable, make purchasing selections using specifications developed by state agencies under s. 16.72 (2) (e) to maximize the purchase of products utilizing recycled or recovered materials.

SB45, s. 1620 Section 1620. 66.299 (4) of the statutes is amended to read:

SB45,814,21 66.299 (4) Purchase of recyclable materials. A local governmental unit shall, to the extent practicable, make purchasing selections using specifications prepared by state agencies under s. 16.72 (2) (f).

SB45, s. 1621 Section 1621. 66.30 (1) (a) of the statutes is amended to read:

SB45,815,7 66.30 (1) (a) In this section "municipality" means the state or any department or agency thereof, or any city, village, town, county, school district, public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70 (2), local exposition district created under subch. II of ch. 229, local professional baseball park district created under subch. III of ch. 229, family care district under s. 46.2895, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district or regional planning commission.

SB45, s. 1622 Section 1622. 66.43 (3) (a) of the statutes is amended to read:

SB45,815,18 66.43 (3) (a) "Blighted area" means any area, including a slum area, in which a majority of the structures are residential or in which there is a predominance of buildings or improvements, whether residential or nonresidential, and which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, environmental pollution or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency and crime, and is detrimental to the public health, safety, morals or welfare.

SB45, s. 1623 Section 1623. 66.43 (3) (be) of the statutes is created to read:

SB45,815,20 66.43 (3) (be) "Environmental pollution" has the meaning given in s. 299.01 (4).

SB45, s. 1624 Section 1624. 66.431 (2m) (b) 1. of the statutes is amended to read:

SB45,816,5 66.431 (2m) (b) 1. An area, including a slum area, in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, environmental pollution or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to the public health, safety, morals or welfare.

SB45, s. 1625 Section 1625. 66.431 (2m) (b) 2. of the statutes is amended to read:

SB45,816,18 66.431 (2m) (b) 2. An area which by reason of the presence of a substantial number of substandard, slum, deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, environmental pollution or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of a city, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use.

SB45, s. 1626 Section 1626. 66.431 (2m) (b) 3. of the statutes is amended to read:

SB45,816,23 66.431 (2m) (b) 3. An area which is predominantly open and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, environmental pollution or otherwise, substantially impairs or arrests the sound growth of the community.

SB45, s. 1627 Section 1627. 66.431 (2m) (bm) of the statutes is amended to read:

SB45,817,20 66.431 (2m) (bm) "Blighted property" means any property within a city, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provisions for ventilation, light, air or sanitation, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency or crime, and is detrimental to the public health, safety, morals or welfare, or any property which by reason of faulty lot layout in relation to size, adequacy, accessibility or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair market value of the land, defective or unusual conditions of title, environmental pollution or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of a city, retards the provisions of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals or welfare in its present condition and use, or any property which is predominantly open and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, environmental pollution or otherwise, substantially impairs or arrests the sound growth of the community.

SB45, s. 1628 Section 1628. 66.431 (2m) (fe) of the statutes is created to read:

SB45,817,23 66.431 (2m) (fe) "Environmental pollution" has the meaning given in s. 299.01 (4).

SB45, s. 1629 Section 1629. 66.46 (2) (a) 1. a. of the statutes is amended to read:

SB45,818,8 66.46 (2) (a) 1. a. An area, including a slum area, in which the structures, buildings or improvements, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, environmental pollution or the existence of conditions which endanger life or property by fire and other causes, or any combination of these factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to the public health, safety, morals or welfare.

SB45, s. 1630 Section 1630. 66.46 (2) (a) 1. b. of the statutes is amended to read:

SB45,818,15 66.46 (2) (a) 1. b. An area which is predominantly open and which consists primarily of an abandoned highway corridor, as defined in s. 66.431 (2m) (a), or that consists of land upon which buildings or structures have been demolished and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, environmental pollution or otherwise, substantially impairs or arrests the sound growth of the community.

SB45, s. 1631 Section 1631. 66.46 (13) of the statutes is amended to read:

SB45,818,23 66.46 (13) Report on effects and impact of tax incremental financing. The department of commerce revenue, in cooperation with other state agencies and local governments, shall make a comprehensive report to the governor and the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2) and to the governor, at the beginning of each biennium, beginning with the 1977 2001-03 biennium, as to the effects and impact of tax incremental financing projects socially, economically and financially.

SB45, s. 1632 Section 1632. 66.462 (1) (c) of the statutes is amended to read:

SB45,819,15 66.462 (1) (c) "Eligible costs" means capital costs, financing costs and administrative and professional service costs for the investigation, removal, containment or monitoring of, or the restoration of soil, air, surface water, sediments or groundwater affected by, environmental pollution, including monitoring costs incurred within 2 years after the date on which the department of natural resources certifies that environmental pollution on the property has been remediated, property acquisition costs, demolition costs including asbestos removal, and removing and disposing of abandoned containers, as defined in s. 292.41 (1), except that for any parcel of land "eligible costs" shall be reduced by any amounts received from persons responsible for the discharge, as defined in s. 292.01 (3), of a hazardous substance on the property to pay for the costs of remediating environmental pollution on the property, by any amounts received, or reasonably expected by the political subdivision to be received, from a local, state or federal program for the remediation of contamination in the district that do not require reimbursement or repayment and by the amount of net gain from the sale of the property by the political subdivision.

SB45, s. 1633 Section 1633. 66.462 (1) (i) of the statutes is amended to read:

SB45,819,20 66.462 (1) (i) "Period of certification" means a period of not more than 16 23 years beginning after the department certifies the environmental remediation tax incremental base of a parcel of property under sub. (4) or a period before all eligible costs have been paid, whichever occurs first.

SB45, s. 1634 Section 1634. 66.462 (2) of the statutes is amended to read:

SB45,820,10 66.462 (2) Use of environmental remediation tax increments. A political subdivision that develops, and whose governing body approves, a written proposal to remediate environmental pollution on property owned by the political subdivision may use an environmental remediation tax increment to pay the eligible costs of remediating environmental pollution on contiguous parcels of property that is are not part of a tax incremental district created under s. 66.46 and that is owned by the political subdivision at the time of the remediation and then transferred to another person after the property is remediated, as provided in this section , except that a political subdivision may use an environmental remediation tax increment to pay the cost of remediating environmental pollution of groundwater without regard to whether the property above the groundwater is owned by the political subdivision. No political subdivision may submit an application to the department under sub. (4) until the joint review board approves the political subdivision's written proposal under sub. (3).

SB45, s. 1635 Section 1635. 66.462 (3) (a) of the statutes is amended to read:

SB45,821,6 66.462 (3) (a) Any political subdivision that seeks to use an environmental remediation tax increment under sub. (2) shall convene a joint review board to review the proposal. The board shall consist of one representative chosen by the school district that has power to levy taxes on the property that is remediated, one representative chosen by the technical college district that has power to levy taxes on the property, one representative chosen by the county that has power to levy taxes on the property that is remediated, one representative chosen by the political subdivision city, village or town that has power to levy taxes on the property that is remediated and one public member. If more than one city, village or town, more than one school district, more than one technical college district or more than one county has the power to levy taxes on the property that is remediated, the unit in which is located property that has the greatest value shall choose that representative to the board. The public member and the board's chairperson shall be selected by a majority of the other board members at the board's first meeting. All board members shall be appointed and the first board meeting held within 14 days after the political subdivision's governing body approves the written proposal under sub. (2). Additional meetings of the board shall be held upon the call of any member. The political subdivision that seeks to act under sub. (2) shall provide administrative support for the board. By majority vote, the board may disband following approval or rejection of the proposal.

SB45, s. 1636 Section 1636. 66.462 (4) (a) of the statutes is amended to read:

SB45,821,17 66.462 (4) (a) The political subdivision submits a statement that it has incurred some eligible costs, and includes with the statement a detailed proposed remedial action plan that contains cost estimates for anticipated eligible costs, with respect to the parcel or contiguous parcels of property and the statement details the purpose and amount of the expenditures already made and includes a dated certificate issued by the department of natural resources that certifies that environmental pollution on the parcel of property has been remediated the department of natural resources has approved the site investigation report that relates to the parcel or contiguous parcels in accordance with rules promulgated by the department of natural resources.

SB45, s. 1637 Section 1637. 66.504 (2) of the statutes is amended to read:

SB45,822,5 66.504 (2) Facilities authorized. A municipality may enter into a joint contract with a nonprofit corporation organized for civic purposes and located in the municipality to construct or otherwise acquire, equip, furnish, operate and maintain a facility to be used for municipal and civic activities if a majority of the voters voting in a referendum authorize the municipality to enter into the joint contract. The referendum shall be held at a special election or at a spring primary or election or September primary or general election approve the question of entering into the joint contract or, if the municipality is a school district, at the next spring election or general election to be held not earlier than 45 days after submittal of the issue or at a special election held on the Tuesday after the first Monday in November in an odd-numbered year if that date occurs not earlier than 45 days after submittal of the issue.

SB45, s. 1638 Section 1638. 66.521 (10) (g) of the statutes is repealed.

SB45, s. 1639 Section 1639. 66.88 (11) of the statutes is amended to read:

SB45,822,11 66.88 (11) "Sewerage system" means all facilities of the district for collection, transportation, storage, pumping, treatment and final disposition of sewage. "Sewerage system" does not include any private small sewage system, as defined in s. 145.01 (12) (14m), or any local sewer.

SB45, s. 1640 Section 1640. 66.888 (1) (c) 3. a. of the statutes is amended to read:

SB45,822,16 66.888 (1) (c) 3. a. The weight to be given to the need for private small sewage systems, as defined in s. 145.01 (12) (14m), to maintain the public health and welfare in any area located within the district prior to a redefinition of the boundary but located outside the district after any redefinition of the boundary.

SB45, s. 1641 Section 1641. 66.945 (2) (d) of the statutes is created to read:

SB45,822,19 66.945 (2) (d) No regional planning commission that consists of only one county may be created under this subsection after December 31, 2001.

SB45, s. 1642 Section 1642. 66.945 (3) (b) (intro.) of the statutes is amended to read:

SB45,823,4 66.945 (3) (b) (intro.) For Except as provided in par. (bm), for any region which does not include a city of the first class, the membership composition of a regional planning commission shall be in accordance with resolutions approved by the governing bodies of a majority of the local units in the region, and these units shall have in the aggregate at least half the population of the region. For the purposes of this determination a county, part or all of which is within the region, shall be counted as a local unit, but the population of an approving county shall not be counted. In the absence of the necessary approval by the local units, the membership composition of a commission shall be determined as follows:

SB45, s. 1643 Section 1643. 66.945 (3) (bm) of the statutes is created to read:

SB45,823,8 66.945 (3) (bm) The membership composition of a regional planning commission that includes a county that contains a 2nd class city and that is created after December 31, 2001, shall be as provided in par. (a).

SB45, s. 1644 Section 1644. 66.945 (8) (a) of the statutes is amended to read:

SB45,824,2 66.945 (8) (a) The regional planning commission may conduct all types of research studies, collect and analyze data, prepare maps, charts and tables, and conduct all necessary studies for the accomplishment of its other duties; it may, consistent with the elements specified in s. 66.0295, make plans for the physical, social and economic development of the region, and may, consistent with the elements specified in s. 66.0295, adopt by resolution any plan or the portion of any plan so prepared as its official recommendation for the development of the region; it may publicize and advertise its purposes, objectives and findings, and may distribute reports thereon; it may provide advisory services on regional planning problems to the local government units within the region and to other public and private agencies in matters relative to its functions and objectives, and may act as a coordinating agency for programs and activities of such local units and agencies as they relate to its objectives. All public officials shall, upon request, furnish to the regional planning commission, within a reasonable time, such available information as it requires for its work. In general, the regional planning commission shall have all powers necessary to enable it to perform its functions and promote regional planning. The functions of the regional planning commission shall be solely advisory to the local governments and local government officials comprising the region.

SB45, s. 1645 Section 1645. 66.945 (9) of the statutes is amended to read:

SB45,824,17 66.945 (9) Preparation of master plan for region. The regional planning commission shall have the function and duty of making and adopting a master plan for the physical development of the region. The master plan, with the accompanying maps, plats, charts, programs and descriptive and explanatory matter, shall show the commission's recommendations for such physical development and may include, among other things without limitation because of enumeration, the general location, character and extent of main traffic arteries, bridges and viaducts; public places and areas; parks; parkways; recreational areas; sites for public buildings and structures; airports; waterways; routes for public transit; and the general location and extent of main and interceptor sewers, water conduits and other public utilities whether privately or publicly owned; areas for industrial, commercial, residential, agricultural or recreational development shall contain at least the elements described in s. 66.0295. The regional planning commission may amend, extend or add to the master plan or carry any part or subject matter into greater detail.

SB45, s. 1646 Section 1646. 66.945 (10) of the statutes is amended to read:

SB45,825,12 66.945 (10) Adoption of master plan for region. The master plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the region which will, in accordance with existing and future needs, best promote public health, safety, morals, order, convenience, prosperity or the general welfare, as well as efficiency and economy in the process of development. The regional planning commission may adopt the master plan as a whole by a single resolution, or, as the work of making the whole master plan progresses, may by resolution adopt a part or parts thereof, any such part to correspond generally with one or more of the functional subdivisions of the subject matter of the plan elements specified in s. 66.0295. The resolution shall refer expressly to the maps, plats, charts, programs and descriptive and explanatory matter, and other matters intended by the regional planning commission to form the whole or any part of the plan, and the action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the chairperson of the regional planning commission and a copy of the plan or part thereof shall be certified to the legislative bodies of the local governmental units within the region. The purpose and effect of adoption of the master plan shall be solely to aid the regional planning commission and the local governments and local government officials comprising the region in the performance of their functions and duties.

SB45, s. 1647 Section 1647. 67.04 (5) (b) 2. of the statutes is repealed.

SB45, s. 1648 Section 1648. 67.05 (6a) (a) 2. a. of the statutes is amended to read:

SB45,825,23 67.05 (6a) (a) 2. a. Direct the school district clerk to call a special election referendum for the purpose of submitting the resolution to the electors for approval or rejection, or direct that the resolution be submitted at the next regularly scheduled primary or spring election or general election to be held not earlier than 45 days after the adoption of the resolution or at a special election held on the Tuesday after the first Monday in November in an odd-numbered year if that date occurs not earlier than 45 days after the adoption of the resolution. The resolution shall not be effective unless adopted by a majority of the school district electors voting at the referendum.

SB45, s. 1649 Section 1649. 67.12 (12) (a) of the statutes is amended to read:

SB45,826,9 67.12 (12) (a) Any municipality may issue promissory notes as evidence of indebtedness for any public purpose, as defined in s. 67.04 (1) (b), including but not limited to paying any general and current municipal expense, and refunding any municipal obligations, including interest on them. Each note, plus interest if any, shall be repaid within 10 years after the original date of the note, except that notes issued under this section for purposes of ss. 145.245 (12m), 281.58 and, 281.59, 281.60 and 281.61, or to raise funds to pay a portion of the capital costs of a metropolitan sewerage district, shall be repaid within 20 years after the original date of the note.

SB45, s. 1650 Section 1650. 69.30 (1) (am) of the statutes is created to read:

SB45,826,11 69.30 (1) (am) "Family care district" has the meaning given in s. 46.2805 (5).

SB45, s. 1651 Section 1651. 69.30 (2) of the statutes is amended to read:

SB45,826,19 69.30 (2) A financial institution, state agency, county department, Wisconsin works agency or, service office or family care district or an employe of a financial institution, state agency, county department, Wisconsin works agency or, service office or family care district is not subject to s. 69.24 (1) (a) for copying a certified copy of a vital record for use by the financial institution, state agency, county department, Wisconsin works agency or, service office or family care district, including use under s. 45.36 (4m), if the copy is marked "FOR ADMINISTRATIVE USE".

SB45, s. 1652 Section 1652. 70.11 (2) of the statutes is amended to read:

SB45,827,10 70.11 (2) Municipal property and property of certain districts, exception. Property owned by any county, city, village, town, school district, technical college district, public inland lake protection and rehabilitation district, metropolitan sewerage district, municipal water district created under s. 198.22, joint local water authority created under s. 66.0735, family care district under s. 46.2895 or town sanitary district; lands belonging to cities of any other state used for public parks; land tax-deeded to any county or city before January 2; but any residence located upon property owned by the county for park purposes which is rented out by the county for a nonpark purpose shall not be exempt from taxation. Except as to land acquired under s. 59.84 (2) (d), this exemption shall not apply to land conveyed after August 17, 1961, to any such governmental unit or for its benefit while the grantor or others for his or her benefit are permitted to occupy the land or part thereof in consideration for the conveyance. Leasing the property exempt under this subsection, regardless of the lessee and the use of the leasehold income, does not render that property taxable.

SB45, s. 1653 Section 1653. 70.11 (35) of the statutes is amended to read:

SB45,827,13 70.11 (35) Cultural and architectural landmarks. Property described in s. 234.935 (1), 1997 stats.

SB45, s. 1654 Section 1654. 70.11 (40) of the statutes is created to read:

SB45,827,16 70.11 (40) Computerized equipment. Fax machines, copiers, cash registers and automatic teller machines.

SB45, s. 1655 Section 1655. 70.114 (1) (c) of the statutes is amended to read:

SB45,827,22 70.114 (1) (c) "Land" means state forests, as defined in s. 28.02 (1), that are acquired after December 31, 1991, state parks that are acquired after December 31, 1991, under s. 27.01 and other areas that are acquired after December 31, 1991, under s. 23.09 (2) (d), 23.091, 23.0912, 23.27, 23.29, 23.293, 23.31 or 29.749 (1).

SB45, s. 1656 Section 1656. 70.36 (1m) of the statutes is amended to read:

SB45,828,3 70.36 (1m) Any person, firm or corporation that fails to include information on property that is exempt under s. 70.11 (39) on the report under s. 70.35 shall forfeit $10 for every $100 $1,000 or major fraction thereof that is not reported.

SB45, s. 1657 Section 1657. 70.64 (1) (title) of the statutes is amended to read:

SB45,828,5 70.64 (1) (title) By tax appeals commission the department.

SB45, s. 1658 Section 1658. 70.64 (1) of the statutes is renumbered 70.64 (1) (b) and amended to read:

SB45,828,21 70.64 (1) (b) The assessment and determination of the relative value of taxable general property in any county or taxation district, made by the department of revenue under s. 70.57, may be reviewed, and a redetermination of the value of such property may be made by the tax appeals commission department, upon appeal by the county or taxation district. The filing of such an appeal in the manner provided in this section by any county or taxation district shall impose upon the commission department the duty, under the powers conferred upon it by s. 73.01 (4) (a) 73.03, to review the assessment complained of. If, in its judgment based upon the testimony, evidence and record made on the preliminary hearing of such appeal, the commission department finds such an assessment to be unequal and discriminatory, it shall determine to correct such the assessment to bring it into substantial compliance with law. Except as provided in this section, the appeal shall be taken and such review and redetermination shall be made as provided in ss. 73.01 and 73.015 and under the rules governing the procedure of the commission.

SB45, s. 1659 Section 1659. 70.64 (1) (a) of the statutes is created to read:

SB45,828,23 70.64 (1) (a) In this section, "department" means the department of revenue.

SB45, s. 1660 Section 1660. 70.64 (2) of the statutes is amended to read:

SB45,829,13 70.64 (2) Authorization of appeals. To authorize such an appeal to the department, an order or resolution directing the same to be taken shall be adopted by the governing body of the county or taxation district taking the appeal at a lawful meeting of the governing body. When After an appeal shall have been is authorized the prosecution of it shall be in charge of by the governing body of a county or taxation district, the chairperson of the county board or the county administrator, or of the chairperson, mayor or president of the taxation district taking the appeal shall prosecute the appeal unless otherwise directed by the governing body of the county or taxation district taking the appeal. The officers or committee in charge of the appeal may employ attorneys to conduct the appeal. After authorizing an appeal as provided in this subsection, any 2 or more taxation districts in the same county or any 2 or more school districts located in whole or in part in the same county may join in taking and prosecuting an appeal.

SB45, s. 1661 Section 1661. 70.64 (3) (intro.) of the statutes is amended to read:

SB45,829,17 70.64 (3) Form of appeal. (intro.) To accomplish an appeal there shall be filed with the tax appeals commission department on or before October 15 an appeal in writing setting forth:

SB45, s. 1662 Section 1662. 70.64 (3) (a) of the statutes is amended to read:

SB45,829,21 70.64 (3) (a) That the county or taxation district, naming the same, appeals to the tax appeals commission department from the assessment made by the department of revenue under s. 70.57, specifying the date of such assessment.

SB45, s. 1663 Section 1663. 70.64 (4) of the statutes is amended to read:

SB45,830,5 70.64 (4) Certified copies. Upon the filing of such an appeal, the clerk of the county or taxation district, without delay, shall prepare certified copies of it the appeal, together with certified copies of the value established by the department of revenue from which the appeal is taken and a complete list showing the clerk of each taxation district within the county and the post-office address of each. The clerk shall mail by certified mail 4 sets of certified copies to the tax appeals commission and one set of the copies to the department of revenue, and one set each to the county clerk and the clerk of each taxation district within the county.