Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,517,21 60.37 (4) Elected officers serving as employees. (a) An elected town officer who also serves as a town employee may be paid an hourly wage for serving as a town employee, not exceeding a total of $5,000 each year. Amounts that are paid under this paragraph may be paid in addition to any amount that an individual receives under s. 60.32 or as a volunteer fire fighter, emergency medical technician, or first responder under s. 66.0501 (4). The $5,000 maximum in this paragraph includes amounts paid to a town board supervisor who is acting as superintendent of highways under s. 81.01 (1).

SB55-ASA1-AA1,517,23 (b) 1. Except as provided in subd. 2., the town meeting shall establish the hourly wage to be paid an elected town officer for serving as a town employee.

SB55-ASA1-AA1,518,3 2. If authorized by the town meeting under s. 60.10 (2) (L), the town board may establish the hourly wage to be paid an elected town officer, other than a town board supervisor, for serving as a town employee.".

SB55-ASA1-AA1,518,4 874. Page 669, line 17: after that line insert:

SB55-ASA1-AA1,518,5 " Section 2003rc. 60.23 (32) of the statutes is created to read:

SB55-ASA1-AA1,518,11 60.23 (32) Town withdrawal from county zoning. (a) Subject to pars. (b) and (c), after December 31, 2003, and before January 1, 2005; after December 31, 2010, and before January 1, 2012; and for one year every 5 years after January 1, 2011, a town board may enact an ordinance withdrawing the town from coverage of a county zoning ordinance that had previously been approved under s. 59.69 (5) (c) and from coverage by a county development plan that has been enacted under s. 59.69 (3) (a).

SB55-ASA1-AA1,518,13 (b) Subject to par. (c), an ordinance enacted under par. (a) may not take effect until all of the following occur:

SB55-ASA1-AA1,518,16 1. Not later than 60 days before enacting an ordinance under par. (a), the town clerk notifies the county clerk, in writing, of the town's intent to enact an ordinance under par. (a).

SB55-ASA1-AA1,518,19 2. The town enacts a zoning ordinance under s. 60.62, a comprehensive plan under s. 66.1001, and an official map under s. 62.23 (6), and the town clerk sends certified copies of such documents to the county clerk.

SB55-ASA1-AA1,518,24 (c) A zoning ordinance enacted under s. 60.62, a comprehensive plan enacted under s. 66.1001, and an official map established under s. 62.23 (6), that are enacted in conjunction with an ordinance enacted under par. (a), shall all take effect on the first day of the 3rd month beginning after certified copies of the documents are sent to the county clerk under par. (b) 2.

SB55-ASA1-AA1, s. 2003te Section 2003te. 60.62 (1) of the statutes is amended to read:

SB55-ASA1-AA1,519,6 60.62 (1) Subject to subs. (2), (3) and (4), if a town board has been granted authority to exercise village powers under s. 60.10 (2) (c), the board may adopt zoning ordinances under s. 61.35, except that after December 31, 2003, a town board may adopt zoning ordinances under s. 61.35 without being granted the authority to exercise village powers.

SB55-ASA1-AA1, s. 2003tf Section 2003tf. 60.62 (2) of the statutes is amended to read:

SB55-ASA1-AA1,519,12 60.62 (2) If the county in which the town is located has enacted a zoning ordinance under s. 59.69, the exercise of the authority under sub. (1) before January 1, 2004, is subject to approval by the town meeting or by a referendum vote of the electors of the town held at the time of any regular or special election. The question for the referendum vote shall be filed as provided in s. 8.37.

SB55-ASA1-AA1, s. 2003tg Section 2003tg. 60.62 (3) of the statutes is amended to read:

SB55-ASA1-AA1,519,17 60.62 (3) In counties having a county zoning ordinance, no zoning ordinance or amendment of a zoning ordinance may be adopted under this section unless approved by the county board, except that this subsection does not apply to a town that has withdrawn from county zoning under s. 60.23 (32).

SB55-ASA1-AA1, s. 2003th Section 2003th. 60.62 (5) of the statutes is created to read:

SB55-ASA1-AA1,519,23 60.62 (5) (a) Subject to par. (b), not later than 60 days before a town board that wishes to withdraw from county zoning and the county development plan may enact an ordinance under s. 60.23 (32), the town board shall enact a zoning ordinance under this section, an official map under s. 62.23 (6), and a comprehensive plan under s. 66.1001.

SB55-ASA1-AA1,520,2 (b) The zoning ordinance and comprehensive plan enacted under par. (a) shall be consistent with each other and the zoning ordinance shall be at least as restrictive as the county zoning ordinance that applies to the town on January 1 of the year before the year in which the town board enacts the ordinance under s. 60.23 (32).

SB55-ASA1-AA1,520,10 (c) If a town receives notification under s. 59.69 (5m) that the county board has repealed its zoning ordinances and development plan, the town board shall enact a zoning ordinance under this section, an official map under s. 62.23 (6), and a comprehensive plan under s. 66.1001, all of which take effect on the effective date of the county's repeal of its zoning ordinance and development plan. An ordinance and comprehensive plan enacted under this paragraph shall be consistent with each other and the zoning ordinance shall be at least as restrictive as the county zoning ordinance that is in effect on the day before the repeal takes effect.".

SB55-ASA1-AA1,520,11 875. Page 669, line 17: after that line insert:

SB55-ASA1-AA1,520,12 " Section 2003wb. 60.62 (2) of the statutes is amended to read:

SB55-ASA1-AA1,520,17 60.62 (2) If the county in which the town is located has enacted a zoning ordinance under s. 59.69, the exercise of the authority under sub. (1) is subject to approval by the town meeting or by a referendum vote of the electors of the town to be held at the time of any regular or special election in accordance with s. 8.065. The question for the referendum vote shall be filed as provided in s. 8.37.

SB55-ASA1-AA1, s. 2003wg Section 2003wg. 60.74 (5) (b) of the statutes is amended to read:

SB55-ASA1-AA1,521,6 60.74 (5) (b) A petition conforming to the requirements of s. 8.40 signed by qualified electors of the district equal to at least 20% of the vote cast for governor in the district at the last gubernatorial election, requesting a change to appointment of commissioners, may be submitted to the town board, subject to sub. (5m) (a). The petition shall be filed as provided in s. 8.37. Upon receipt of the petition, the town board shall submit the question to a referendum at the next regular spring election or general election, or shall call a special election for that purpose authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45 days after receipt of the petition by the town board. The inspectors shall count the votes and submit a statement of the results to the commission. The commission shall canvass the results of the election and certify the results to the town board which has authority to appoint commissioners.

SB55-ASA1-AA1, s. 2003wi Section 2003wi. 61.187 (1) of the statutes is amended to read:

SB55-ASA1-AA1,521,17 61.187 (1) Procedure. Whenever a petition conforming to the requirements of s. 8.40, signed by at least one-third as many electors of any village as voted for village officers at the next preceding election therefor, shall be presented to the village board, and filed as provided in s. 8.37, praying for dissolution of the village corporation, such board shall submit to the electors of such village, for determination by ballot in substantially the manner provided by ss. 5.64 (2) and 10.02, at a general election or at a special election called by them for that purpose the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45 days after presentation of the petition, the question whether or not such village corporation shall be dissolved.

SB55-ASA1-AA1, s. 2003wk Section 2003wk. 61.46 (1) of the statutes is amended to read:

SB55-ASA1-AA1,522,6 61.46 (1) General; limitation. The village board shall, on or before December 15 in each year, by resolution to be entered of record, determine the amount of corporation taxes to be levied and assessed on the taxable property in such village for the current year. Before levying any tax for any specified purpose, exceeding one percent of the assessed valuation aforesaid, the village board shall, and in all other cases may in its discretion, submit the question of levying the same to the village electors at any general or special the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held no sooner than 45 days after adoption of the resolution by giving 10 days' notice thereof prior to such election by publication in a newspaper published in the village, if any, and if there is none, then by posting notices in 3 public places in said village, setting forth in such notices the object and purposes for which such taxes are to be raised and the amount of the proposed tax. The village board shall file the question as provided in s. 8.37.

SB55-ASA1-AA1, s. 2003wn Section 2003wn. 62.09 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,522,19 62.09 (1) (a) The officers shall be a mayor, treasurer, clerk, comptroller, attorney, engineer, one or more assessors unless the city is assessed by a county assessor under s. 70.99, one or more constables as determined by the common council, a local health officer, as defined in s. 250.01 (5), or local board of health, as defined in s. 250.01 (3), street commissioner, board of police and fire commissioners except in cities where not applicable, chief of police, chief of the fire department, board of public works, 2 alderpersons from each aldermanic district, and such other officers or boards as are created by law or by the council. If one alderperson from each aldermanic district is provided under s. 66.0211 (1), the council may, by ordinance adopted by a two-thirds vote of all its members and approved by the electors at a general or special any election authorized under s. 8.065, provide that there shall be 2 alderpersons from each aldermanic district.".

SB55-ASA1-AA1,522,20 876. Page 669, line 17: after that line insert:

SB55-ASA1-AA1,522,21 " Section 2003tc. 60.61 (4) (b) of the statutes is amended to read:

SB55-ASA1-AA1,523,14 60.61 (4) (b) Before the town board may adopt an ordinance under sub. (2), the town zoning committee shall recommend zoning district boundaries and appropriate regulations and restrictions for the districts. In carrying out its duties, the town zoning committee shall develop a preliminary report and hold a public hearing on the report before submitting a final report to the town board. The town zoning committee shall give notice of the public hearing on the preliminary report and of the time and place of the public hearing on the report by a class 2 notice under ch. 985. If the town zoning committee makes a substantial change in its report following the public hearing, it shall hold another public hearing on the report. After the final report of the town zoning committee is submitted to the town board, the board may adopt an ordinance under sub. (2) following a public hearing held by the board on the proposed ordinance. The town board shall give notice of the public hearing on the proposed ordinance and of the time and place of the public hearing on the ordinance by a class 2 notice under ch. 985. If the proposed ordinance has the effect of changing the allowable use of any property, the notice shall include either a map showing the property affected by the ordinance or a description of the property affected by the ordinance and a statement that a map may be obtained from the town board.

SB55-ASA1-AA1, s. 2003td Section 2003td. 60.61 (4) (c) 1. of the statutes is amended to read:

SB55-ASA1-AA1,524,3 60.61 (4) (c) 1. After the town board has adopted a town zoning ordinance, the board may alter, supplement, or change the boundaries or regulations established in the ordinance if a public hearing is held on the revisions. The board shall give notice of any proposed revisions in the zoning ordinance and of the time and place of the public hearing on them by a class 2 notice under ch. 985. If the proposed amendment would have the effect of changing the allowable use of any property, the notice shall include either a map showing the property affected by the amendment or a description of the property affected by the amendment and a statement that a map may be obtained from the town board. The board shall allow any interested person to testify at the hearing. If any proposed revision under this subdivision would make any change in an airport affected area, as defined in s. 62.23 (6) (am) 1. b., the board shall mail a copy of such notice to the owner or operator of the airport bordered by the airport affected area.

SB55-ASA1-AA1, s. 2003te Section 2003te. 60.61 (4) (e) of the statutes is created to read:

SB55-ASA1-AA1,524,15 60.61 (4) (e) The town board shall maintain a list of persons who submit a written request to receive notice of any proposed ordinance or amendment that affects the allowable use of the person's property. If the town zoning committee completes a final report on a proposed zoning ordinance and the town board is prepared to vote on the proposed ordinance under par. (b) or if the town board is prepared to vote on a proposed amendment under par. (c) 1., the town board shall send a notice, which contains a copy of the proposed ordinance or amendment, to each person on the list. The notice shall be by mail, electronic mail, or in any reasonable form that is agreed to by the person and the town board. The town board may charge each person on the list a fee for the notice of $12 each year or an annual fee that does not exceed the approximate cost of providing the notice to the person.

SB55-ASA1-AA1, s. 2003x Section 2003x. 62.23 (3) (b) of the statutes is amended to read:

SB55-ASA1-AA1,525,8 62.23 (3) (b) The 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 from time to time by resolution adopt a part or parts of a master plan. Any treatment of the master plan shall indicate, in the form of descriptive material, reports, charts, diagrams, or maps, any effect the treatment will have on changing the allowable use of any property. Beginning on January 1, 2010, if the city engages in any program or action described in s. 66.0295 66.1001 (3), the master plan shall contain at least all of the elements specified in s. 66.0295 66.1001 (2). The adoption of the plan or any part, amendment or addition, shall be by resolution carried by the affirmative votes of not less than a majority of all the members of the city plan commission. The resolution shall refer expressly to the elements under s. 66.0295 66.1001 and other matters intended by the 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 secretary of the commission, and a copy of the plan or part thereof shall be certified to the common council. The purpose and effect of the adoption and certifying of the master plan or part thereof shall be solely to aid the city plan commission and the council in the performance of their duties.

SB55-ASA1-AA1, s. 2003xe Section 2003xe. 62.23 (7) (d) 1. a. of the statutes is amended to read:

SB55-ASA1-AA1,525,25 62.23 (7) (d) 1. a. Upon the request of the city council, the city plan commission, the board of public land commissioners, or if the city has neither, the city plan committee of the city council shall prepare and recommend a district plan and regulations for the city. Following the formulation of tentative recommendations a public hearing shall be held by, at the council's option, the council, the plan commission, the board of public land commissioners, or the plan committee. At least 10 days' prior written notice of any such hearings shall be given to the clerk of any municipality whose boundaries are within 1,000 feet of any lands included in the proposed plan and regulations but failure to give such notice shall not invalidate such district plan or regulations. Publication of a class 2 notice, under ch. 985, of the tentative recommendations and hearings thereon must be made once during each of the 2 weeks prior to such hearing. If the proposed district plan and regulations have the effect of changing the allowable use of any property within the city, the notice shall include either a map showing the property affected by the plan and regulations or a description of the property affected by the plan and regulations and a statement that a map may be obtained from the city council.

SB55-ASA1-AA1, s. 2003xf Section 2003xf. 62.23 (7) (d) 1. b. of the statutes is amended to read:

SB55-ASA1-AA1,526,13 62.23 (7) (d) 1. b. The council may make changes in the tentative recommendations after first submitting the proposed changes to the plan commission, board of public land commissioners or plan committee for recommendation and report and after publishing a class 2 notice, under ch. 985, of the proposed changes and hearings thereon as well as the notice to the clerk of any contiguous municipality as required in subd. 1. a. Hearings on the proposed changes may be held by, at the council's option, the council, the plan commission, the board of public land commissioners, or the plan committee. If the proposed changes to the proposed district plan and regulations have the effect of changing the allowable use of any property within the city, the notice shall include either a map showing the property affected by the changes or a description of the property affected by the changes and a statement that a map may be obtained from the city council.

SB55-ASA1-AA1, s. 2003xg Section 2003xg. 62.23 (7) (d) 2. of the statutes is amended to read:

SB55-ASA1-AA1,527,8 62.23 (7) (d) 2. The council may adopt amendments to an existing zoning ordinance after first submitting the proposed amendments to the city plan commission, board of public land commissioners or plan committee for recommendation and report and after providing the notices as required in subd. 1. b. of the proposed amendments and hearings thereon. In any city which is not located in whole or in part in a county with a population of 500,000 or more, if the proposed amendment would make any change in an airport affected area, as defined in sub. (6) (am) 1. b., the council shall mail a copy of such notice to the owner or operator of the airport bordered by the airport affected area. A hearing shall be held on the proposed amendments by, at the council's option, the council, the plan commission, the board of public land commissioners, or the plan committee. If the proposed amendment has the effect of changing the allowable use of any property within the city, the notice shall include either a map showing the property affected by the amendments or a description of the property affected by the amendments and a statement that a map may be obtained from the city council. If the council does not receive recommendations and a report from the plan commission, board of public land commissioners, or plan committee within 60 days of submitting the proposed amendments, the council may hold hearings without first receiving the recommendations and report.

SB55-ASA1-AA1, s. 2003xh Section 2003xh. 62.23 (7) (d) 4. of the statutes is created to read:

SB55-ASA1-AA1,528,2 62.23 (7) (d) 4. The city council shall maintain a list of persons who submit a written request to receive notice of any proposed zoning action that may be taken under subd. 1. a. or b. or 2. or to any treatment of a master plan under sub. (3) that affects the allowable use of the person's property. If the plan commission, the board of public land commissioners, or city plan committee of the city council completes action on any tentative recommendations that are noticed under subd. 1. a., proposed changes to a proposed district plan and regulations that are submitted under subd. 1. b., proposed amendments that are submitted under subd. 2., or to any treatment of a master plan under sub. (3) and the city council is prepared to vote on the tentative recommendations, proposed changes to a proposed district plan and regulations, proposed amendments, or proposed changes to a master plan, the city council shall send a notice, which contains a copy of the tentative recommendations, proposed changes to a proposed district plan and regulations, proposed amendments, or proposed changes to a master plan, to each person on the list. The notice shall be by mail, electronic mail or in any reasonable form that is agreed to by the person and the city council. The city council may charge each person on the list a fee for the notice of $12 each year or an annual fee that does not exceed the approximate cost of providing the notice to the person.".

SB55-ASA1-AA1,528,3 877. Page 669, line 17: after that line insert:

SB55-ASA1-AA1,528,4 " Section 2003xm. 62.23 (7) (e) 7. of the statutes is amended to read:

SB55-ASA1-AA1,528,23 62.23 (7) (e) 7. The board of appeals shall have the following powers: To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this section or of any ordinance adopted pursuant thereto; to hear and decide special exception to the terms of the ordinance upon which such board is required to pass under such ordinance; to authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in practical difficulty or unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done. The board may permit in appropriate cases, and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of the ordinance, a building or premises to be erected or used for such public utility purposes in any location which is reasonably necessary for the public convenience and welfare. A property owner may establish "unnecessary hardship", as that term is used in this subdivision, by demonstrating that strict compliance with an area zoning ordinance would unreasonably prevent the property owner from using the property owner's property for a permitted purpose or would render conformity with the zoning ordinance unnecessarily burdensome.".

SB55-ASA1-AA1,528,24 878. Page 669, line 18: after that line insert:

SB55-ASA1-AA1,529,1 " Section 2004n. 64.03 (1) of the statutes is amended to read:

SB55-ASA1-AA1,529,7 64.03 (1) Every ordinance or resolution for the adoption of ss. 64.01 to 64.15, and every petition for a special election referendum on the same, shall state the number of members of which the council herein provided for shall be composed, the term of office of its members, which term shall not exceed 2 years, whether they shall be nominated and elected from aldermanic districts or from the city at large, and the compensation, if any, which they shall receive.

SB55-ASA1-AA1, s. 2004p Section 2004p. 64.39 (3) of the statutes is amended to read:

SB55-ASA1-AA1,529,14 64.39 (3) Upon filing such petition, the mayor shall, by proclamation, submit the questions prescribed in sub. (1) at a special the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held at a time specified therein and within 2 months not sooner than 45 days after such petition is filed. The election upon such question shall be conducted, the vote canvassed, and the result declared in the same manner as provided by law for other city elections.

SB55-ASA1-AA1, s. 2004r Section 2004r. 66.0101 (8) of the statutes is amended to read:

SB55-ASA1-AA1,529,24 66.0101 (8) A charter ordinance enacted or approved by a vote of the electors controls over any prior or subsequent act of the legislative body of the city or village. If the electors of any city or village by a majority vote have adopted or determined to continue to operate under either ch. 62 or 64, or have determined the method of selection of members of the governing board, the question shall not again be submitted to the electors, nor action taken on the question, within a period of 2 years. Any election to change or amend the charter of any city or village, other than a special an election as provided in called under s. 9.20 (4), shall be held at the time provided by statute for holding the spring election.".

SB55-ASA1-AA1,530,1 879. Page 678, line 22: after that line insert:

SB55-ASA1-AA1,530,2 " Section 2019e. 66.0217 (7) (a) 3. of the statutes is amended to read:

SB55-ASA1-AA1,530,22 66.0217 (7) (a) 3. If the notice indicates that the petition is for a referendum on the question of annexation, the clerk of the city or village shall file the notice as provided in s. 8.37. If the notice indicates that the petition is for a referendum on the question of annexation, the town clerk shall give notice as provided in par. (c) of a referendum of the electors residing in the area proposed for annexation to be held at the next election permitted under s. 8.065 (2) or an election authorized under s. 8.065 (3), but not less than 42 days nor more than 72 days after the date of personal service or mailing of the notice required under this paragraph. If the notice indicates that the petition is for direct annexation, no referendum shall be held unless within 30 days after the date of personal service or mailing of the notice required under this paragraph, a petition conforming to the requirements of s. 8.40 requesting a referendum is filed with the town clerk as provided in s. 8.37, signed by at least 20% of the electors residing in the area proposed to be annexed. If a petition requesting a referendum is filed, the clerk shall give notice as provided in par. (c) of a referendum of the electors residing in the area proposed for annexation to be held at the next election permitted under s. 8.065 (2) or an election authorized under s. 8.065 (3), but not less than 42 days nor more than 72 days after the receipt of the petition and shall mail a copy of the notice to the clerk of the city or village to which the annexation is proposed. The referendum shall be held at a convenient place within the town to be specified in the notice.

SB55-ASA1-AA1, s. 2019g Section 2019g. 66.0219 (4) (b) of the statutes is amended to read:

SB55-ASA1-AA1,531,8 66.0219 (4) (b) The referendum election shall be held at the next election permitted under s. 8.065 (2) or an election authorized under s. 8.065 (3), but not less than 42 days nor more than 72 days after the filing of the order as provided in s. 8.37, in the territory proposed for annexation, by the electors of that territory as provided in s. 66.0217 (7), so far as applicable. The ballots shall contain the words "For Annexation" and "Against Annexation". The certification of the election inspectors shall be filed with the clerk of the court, and the clerk of any municipality involved, but need not be filed or recorded with the register of deeds.".

SB55-ASA1-AA1,531,9 880. Page 678, line 22: after that line insert:

SB55-ASA1-AA1,531,10 " Section 2019g. 66.0217 (9) (b) of the statutes is amended to read:

SB55-ASA1-AA1,531,18 66.0217 (9) (b) Within 10 days of receipt of the ordinance, certificate and plat, the secretary of state shall forward 2 copies of the ordinance, certificate and plat to the department of transportation, one copy to the department of administration, one copy to the department of revenue, one copy to the department of public instruction, one copy to the department, one copy to the department of natural resources environmental management, one copy to the department of fish, wildlife, parks, and forestry, one copy to the department of agriculture, trade and consumer protection and 2 copies to the clerk of the municipality from which the territory was annexed.".

SB55-ASA1-AA1,531,19 881. Page 679, line 21: after that line insert:

SB55-ASA1-AA1,531,21 " Section 2019mb. 66.0221 (1) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,532,19 66.0221 (1) Upon its own motion, a city or village, by a two-thirds vote of the entire membership of its governing body, may enact an ordinance annexing territory which comprises a portion of a town or towns and which was completely surrounded by territory of the city or village on December 2, 1973. The ordinance shall include all surrounded town areas except those that are exempt by mutual agreement of all of the governing bodies involved. The annexation ordinance shall contain a legal description of the territory and the name of the town or towns from which the territory is detached. Upon enactment of the ordinance, the city or village clerk immediately shall file 6 certified copies of the ordinance in the office of the secretary of state, together with 6 copies of a scale map. The secretary of state shall forward 2 copies of the ordinance and scale map to the department of transportation, one copy to the department of natural resources environmental management, one copy to the department of fish, wildlife, parks, and forestry, one copy to the department of revenue and one copy to the department of administration. This subsection does not apply if the town island was created only by the annexation of a railroad right-of-way or drainage ditch. This subsection does not apply to land owned by a town government which has existing town government buildings located on the land. No town island may be annexed under this subsection if the island consists of over 65 acres or contains over 100 residents. Section 66.0217 (11) applies to annexations under this subsection. Except as provided in sub. (2), after December 2, 1973, no city or village may, by annexation, create a town area which is completely surrounded by the city or village.".

SB55-ASA1-AA1,532,20 882. Page 680, line 5: after that line insert:

SB55-ASA1-AA1,532,21 " Section 2019p. 66.0223 of the statutes is amended to read:

SB55-ASA1-AA1,533,16 66.0223 Annexation of territory owned by a city or village. In addition to other methods provided by law and subject to ss. 59.692 (7) and 66.0307 (7), territory owned by and lying near but not necessarily contiguous to a village or city may be annexed to a village or city by ordinance enacted by the board of trustees of the village or the common council of the city, provided that in the case of noncontiguous territory the use of the territory by the city or village is not contrary to any town or county zoning regulation. The ordinance shall contain the exact description of the territory annexed and the names of the towns from which detached, and attaches the territory to the village or city upon the filing of 7 certified copies of the ordinance in the office of the secretary of state, together with 7 copies of a plat showing the boundaries of the territory attached. Two copies of the ordinance and plat shall be forwarded by the secretary of state to the department of transportation, one copy to the department of administration, one copy to the department of natural resources environmental management, one copy to the department of fish, wildlife, parks, and forestry, one copy to the department of revenue and one copy to the department of public instruction. Within 10 days of filing the certified copies, a copy of the ordinance and plat shall be mailed or delivered to the clerk of the county in which the annexed territory is located. Section 66.0217 (11) applies to annexations under this section.

SB55-ASA1-AA1, s. 2019r Section 2019r. 66.0235 (5) of the statutes is amended to read:

SB55-ASA1-AA1,534,22 66.0235 (5) Apportionment board. The boards or councils of the local governmental units, or committees selected for that purpose, acting together, constitute an apportionment board. When a local governmental unit is dissolved because all of its territory is transferred the board or council of the local governmental unit existing at the time of dissolution shall, for the purpose of this section, continue to exist as the governing body of the local governmental unit until there has been an apportionment of assets by agreement of the interested local governmental units or by an order of the circuit court. After an agreement for apportionment of assets has been entered into between the interested local governmental units, or an order of the circuit court becomes final, a copy of the apportionment agreement, or of the order, certified to by the clerks of the interested local governmental units, shall be filed with the department of revenue, the department of natural resources environmental management, the department of fish, wildlife, parks, and forestry, the department of transportation, the state superintendent of public instruction, the department of administration, and with any other department or agency of the state from which the town may be entitled by law to receive funds or certifications or orders relating to the distribution or disbursement of funds, with the county treasurer, with the treasurer of any local governmental unit, or with any other entity from which payment would have become due if the dissolved local governmental unit had continued in existence. Subject to ss. 79.006 and 86.303 (4), payments from the shared revenue account made pursuant to ch. 79, payments of forest crop taxes under s. 77.05, of transportation aids under s. 20.395, of state aids for school purposes under ch. 121, payments for managed forest land under subch. VI of ch. 77 and all payments due from a department or agency of the state, from a county, from a local governmental unit, or from any other entity from which payments would have become due if the dissolved local governmental unit had continued in existence, shall be paid to the interested local governmental unit as provided by the agreement for apportionment of assets or by any order of apportionment by the circuit court and the payments have the same force and effect as if made to the dissolved local governmental unit.

SB55-ASA1-AA1, s. 2019t Section 2019t. 66.0307 (4) (a) 1. of the statutes is amended to read:

SB55-ASA1-AA1,535,2 66.0307 (4) (a) 1. The department, the department of natural resources environmental management, the department of fish, wildlife, parks, and forestry, the department of agriculture, trade and consumer protection and the department of transportation.

SB55-ASA1-AA1, s. 2020k Section 2020k. 66.0407 (5) of the statutes is amended to read:

SB55-ASA1-AA1,535,8 66.0407 (5) This section does not apply to Canada thistle or annual noxious weeds that are located on land that the department of natural resources fish, wildlife, parks, and forestry owns, occupies or controls and that is maintained in whole or in part as habitat for wild birds by the department of natural resources fish, wildlife, parks, and forestry.".

SB55-ASA1-AA1,535,9 883. Page 680, line 5: after that line insert:

SB55-ASA1-AA1,535,10 " Section 2020m. 66.0609 (3) of the statutes is amended to read:

SB55-ASA1-AA1,535,14 66.0609 (3) The ordinance under sub. (1) shall require that the governing body of the city or village obtain an annual detailed audit of its financial transactions and accounts by a certified public accountant licensed or certified under ch. 442 and designated by the governing body.".

SB55-ASA1-AA1,535,15 884. Page 680, line 5: after that line insert:

SB55-ASA1-AA1,535,16 " Section 2023j. 66.0617 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,536,2 66.0617 (1) (a) "Capital costs" means the capital costs to construct, expand, or improve public facilities, including the cost of land, and including legal, engineering, and design costs to construct, expand, or improve public facilities, except that not more than 10% of capital costs may consist of legal, engineering, and design costs unless the political subdivision municipality can demonstrate that its legal, engineering, and design costs which that relate directly to the public improvement for which the impact fees were imposed exceed 10% of capital costs. "Capital costs" does not include other noncapital costs to construct, expand , or improve public facilities or the costs of equipment to construct, expand, or improve public facilities.

SB55-ASA1-AA1, s. 2023jb Section 2023jb. 66.0617 (1) (c) of the statutes is amended to read:

SB55-ASA1-AA1,536,6 66.0617 (1) (c) "Impact fees" means cash contributions, contributions of land or interests in land, or any other items of value that are imposed on a developer by a political subdivision municipality under this section.

SB55-ASA1-AA1, s. 2023jc Section 2023jc. 66.0617 (1) (d) of the statutes is amended to read:

SB55-ASA1-AA1,536,12 66.0617 (1) (d) "Land development" means the construction or modification of improvements to real property that creates additional residential dwelling units within a political subdivision municipality or that results in nonresidential uses that create a need for new, expanded, or improved public facilities within a political subdivision municipality.

SB55-ASA1-AA1, s. 2023jd Section 2023jd. 66.0617 (1) (e) of the statutes is amended to read: