AB513: Bill Text

AB513,8,7 59.69 (3) (a) The county zoning agency may direct the preparation of a county development plan or parts thereof of the plan for the physical development of the unincorporated territory within the county and areas within incorporated jurisdictions whose governing bodies by resolution agree to having their areas included in the county's development plan. The plan may be adopted in whole or in part and may be amended by the board and endorsed by the governing bodies of incorporated jurisdictions included in the plan. The county development plan, in whole or in part, in its original form or as amended, is hereafter referred to as the development plan. Beginning on January 1, 2010, if the county engages in any program or action described in s. 66.0295 66.1001 (3), the development plan shall contain at least all of the elements specified in s. 66.0295 66.1001 (2).

Note: Inserts the correct cross-reference. Section 66.0295 was renumbered to s. 66.1001 by 1999 Wis. Act 150.

AB513, s. 15 Section 15. 60.79 (2) (c) of the statutes is amended to read:

AB513,8,12 60.79 (2) (c) The city or village and the town sanitary district shall divide the assets and liabilities of the town sanitary district under s. 66.0235 or by entering into an intergovernmental cooperation agreement under s. 66.30 66.0301, except that the ownership of any water or sewerage system shall be determined under par. (dm).

Note: Inserts the correct cross-reference. The relevant portions of s. 66.30 were renumbered to s. 66.0301 by 1999 Wis. Act 150.

AB513, s. 16 Section 16. 62.23 (2) of the statutes is amended to read:

AB513,9,5 62.23 (2) Functions. It shall be the function and duty of the commission to make and adopt a master plan for the physical development of the city, including any areas outside of its boundaries which that in the commission's judgment bear relation to the development of the city provided, however, that in any county where a regional planning department has been established, areas outside the boundaries of a city may not be included in the master plan without the consent of the county board of supervisors. The master plan, with the accompanying maps, plats, charts, and descriptive and explanatory matter, shall show the commission's recommendations for such physical development, and shall, as described in sub. (3) (b), contain at least the elements described in s. 66.0295 66.1001 (2). The commission may from time to time amend, extend, or add to the master plan or carry any part or subject matter into greater detail. The commission may adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record.

Note: Inserts the correct cross-reference. Section 66.0295 was renumbered to s. 66.1001 by 1999 Wis. Act 150.

AB513, s. 17 Section 17. 62.23 (3) (b) of the statutes is amended to read:

AB513,9,21 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. 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 of the plan by the identifying signature of the secretary of the commission, and a copy of the plan or part thereof of the plan shall be certified to the common council. The purpose and effect of the adoption and certifying of the master plan or part thereof of the plan shall be solely to aid the city plan commission and the council in the performance of their duties.

Note: Inserts the correct cross-reference. Section 66.0295 was renumbered to s. 66.1001 by 1999 Wis. Act 150.

AB513, s. 18 Section 18. 66.0137 (1) of the statutes is amended to read:

AB513,10,4 66.0137 (1) Definition. In this section, "local governmental unit" means a city, village, town, county, school district (as enumerated in s. 67.01 (5)), sewerage district, drainage district, and, without limitation because of enumeration, any other political subdivision of the state should be s. 345.05 (1) (c).

Note: Deletes language inadvertently inserted by 1999 Wis. Act 150.

AB513, s. 19 Section 19. The treatment of 66.0217 (7) (a) 3. of the statutes by 1999 Wisconsin Act 150, section 52, is not repealed by 1999 Wisconsin Act 182, section 197. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 66.0217 (7) (a) 3. reads:

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 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 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.

AB513, s. 20 Section 20. The treatment of 66.0219 (4) (a) and (b) of the statutes by 1999 Wisconsin Act 150, section 68, is not repealed by 1999 Wisconsin Act 182, section 200. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 66.0219 (4) (a) and (b) read:

(a) If the court, after the hearing, is satisfied that the description of the territory or any survey is accurate and that the provisions of this section have been complied with, it shall make an order so declaring and shall direct a referendum election within the territory described in the order, on the question of whether the area should be annexed. Such order shall be filed as provided in s. 8.37. The order shall direct 3 electors named in the order residing in the town in which the territory proposed to be annexed lies, to perform the duties of inspectors of election.

(b) The referendum election shall be held 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.

AB513, s. 21 Section 21. The treatment of 66.0225 of the statutes by 1999 Wisconsin Act 150, section 71, is not repealed by 1999 Wisconsin Act 182, section 201. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 66.0225 reads:

66.0225 Municipal boundaries, fixed by judgment. Any 2 municipalities whose boundaries are immediately adjacent at any point and who are parties to an action, proceeding or appeal in court for the purpose of testing the validity or invalidity of an annexation, incorporation, consolidation or detachment may enter into a written stipulation, compromising and settling the litigation and determining the common boundary line between the municipalities. The court having jurisdiction of the litigation, whether the circuit court, the court of appeals or the supreme court, may enter a final judgment incorporating the provisions of the stipulation and fixing the common boundary line between the municipalities involved. A stipulation changing boundaries of municipalities shall be approved by the governing bodies of the detaching and annexing municipalities and s. 66.0217 (9) and (11) shall apply. A change of municipal boundaries under this section is subject to a referendum of the electors residing within the territory annexed or detached, if within 30 days after the publication of the stipulation to change boundaries in a newspaper of general circulation in the area proposed to be annexed or detached, a petition for a referendum conforming to the requirements of s. 8.40 signed by at least 20% of the electors of the area to be annexed or detached is filed with the clerk of the municipality from which the area is proposed to be detached and is filed as provided in s. 8.37. The referendum shall be conducted as are annexation referenda. If the referendum election is opposed to detachment from the municipality, all proceedings under this section are void. In this section, "municipalities" means cities, villages and towns.

AB513, s. 22 Section 22. The treatment of 66.0227 (3) of the statutes by 1999 Wisconsin Act 150, section 66, is not repealed by 1999 Wisconsin Act 182, section 198. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 66.0227 (3) reads:

(3) The governing body of a city, village or town involved may, or if a petition conforming to the requirements of s. 8.40 signed by a number of qualified electors equal to at least 5% of the votes cast for governor in the city, village or town at the last gubernatorial election, demanding a referendum, is presented to it within 30 days after the passage of either of the ordinances under sub. (2) shall, submit the question to the electors of the city, village or town whose electors petitioned for detachment, at a referendum election called for that purpose not less than 42 days nor more than 72 days after the filing of the petition, or after the enactment of either ordinance. The petition shall be filed as provided in s. 8.37. If a number of electors cannot be determined on the basis of reported election statistics, the number shall be determined in accordance with s. 60.74 (6). The governing body of the municipality shall appoint 3 election inspectors who are resident electors to supervise the referendum. The ballots shall contain the words "For Detachment" and "Against Detachment". The inspectors shall certify the results of the election by their attached affidavits and file a copy with the clerk of each town, village or city involved, and none of the ordinances may take effect nor be in force unless a majority of the electors approve the question. The referendum election shall be conducted in accordance with chs. 6 and 7 to the extent applicable.

AB513, s. 23 Section 23. The treatment of 66.0301 (1) (a) of the statutes by 1999 Wisconsin Act 65, section 22, is not repealed by 1999 Wisconsin Act 167, section 38. Both treatments stand.

Note: Section 66.0301 (1) (a) was renumbered from s. 66.30 (1) (a) by 1999 Wis. Act 150, s. 348. There is no conflict of substance. As merged by the Revisor, s. 66.0301 (1) (a) reads:

(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, local professional football stadium district created under subch. IV of ch. 229, local cultural arts district created under subch. V 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.

AB513, s. 24 Section 24. 66.0307 (10) of the statutes is amended to read:

AB513,12,11 66.0307 (10) Boundary change ordinance; filing and recording requirements. A boundary change under a cooperative plan shall be accomplished by the enactment of an ordinance by the governing body designated to do so in the plan. The filing and recording requirements under s. 66.0217 (9) (a), as they apply to cities and villages under s. 66.0217 (9) (a), apply to municipalities under this subsection. The requirements for the secretary of state are the same as those required in s. 66.0217 (9) (a) (b).

Note: The stricken language was inserted by 1999 Wis. Act 150 without being underscored and the underscored language was deleted by Act 150 without being stricken. No change was intended.

AB513, s. 25 Section 25. 66.04 (2) (a) 3q. of the statutes, as created by 1999 Wisconsin Act 167, is renumbered 66.0603 (1m) (a) 3q.

Note: Section 66.04 (2) was renumbered to s. 66.0603 (1) by 1999 Wis. Act 150, and s. 66.0603 (1), as renumbered, was renumbered to s. 66.0603 (1m) by 1999 Wis. Act 186.

AB513, s. 26 Section 26. 66.0401 (1) (intro.) of the statutes is amended to read:

AB513,13,8 66.0401 (1) Authority to restrict systems limited. (intro.) No county, city, town, or village may place any restriction, either directly or in effect, on the installation or use of a solar energy system, as defined in s. 13.48 (2) (h) 1. g., or a wind energy system, as defined in s. 66.0415 66.0403 (1) (m), unless the restriction satisfies one of the following conditions:

Note: Inserts the correct cross-reference. Section 66.032 was renumbered to s. 66.0403 by 1999 Wis. Act 150, but the cross-reference here was changed from s. 66.032 to s. 66.0415.

AB513, s. 27 Section 27. 66.0401 (2) of the statutes is amended to read:

AB513,13,18 66.0401 (2) Authority to require trimming of blocking vegetation. A county, city, village, or town may provide by ordinance for the trimming of vegetation which that blocks solar energy, as defined in s. 66.0415 66.0403 (1) (k), from a collector surface, as defined under s. 700.41 (2) (b), or which that blocks wind from a wind energy system, as defined in s. 66.0415 66.0403 (1) (m). The ordinance may include, but is not limited to, a designation of responsibility for the costs of the trimming. The ordinance may not require the trimming of vegetation that was planted by the owner or occupant of the property on which the vegetation is located before the installation of the solar or wind energy system.

Note: Inserts the correct cross-references. Section 66.032 was renumbered to s. 66.0403 by 1999 Wis. Act 150, but the cross-reference here was changed from s. 66.032 to s. 66.0415.

AB513, s. 28 Section 28. 66.0503 (1) (intro.) of the statutes is amended to read:

AB513,14,2 66.0503 (1) (intro.) The office of county supervisor may be consolidated by charter ordinance under s. 61.1895 or 66.0101:

Note: Deletes nonexistent cross-reference.

AB513, s. 29 Section 29. 66.0601 (1e) (a) of the statutes, as affected by 1999 Wisconsin Act 65, section 14, and 1999 Wisconsin Act 150, section 90, is renumbered 66.0601 (1) (a).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 1999 Wis. Act 65 renumbered s. 66.04 (1) to be s. 66.04 (1e). 1999 Wis. Act 150 renumbered s. 66.04 (1) to 66.04 (1) (a). Giving effect to both acts, s. 66.04 (1) was renumbered 66.0601 (1e) (a). Act 150 also renumbered s. 66.04 (1m) (a) and (b) to s. 66.0601 (1) (b) and (c), requiring the renumbering of 66.0601 (1e) (a) to 66.0601 (1) (a).

AB513, s. 30 Section 30. The treatment of 66.0603 (1m) (a) (intro.) of the statutes by 1999 Wisconsin Act 65, section 16, and 1999 Wisconsin Act 150, section 93, is not repealed by 1999 Wisconsin Act 167, section 31. All treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 66.0603 (1m) (a) (intro.) reads:

(a) A county, city, village, town, school district, drainage district, technical college district or other governing board, other than a local professional football stadium district board created under subch. IV of ch. 229, may invest any of its funds not immediately needed in any of the following:

AB513, s. 31 Section 31. 66.0603 (1m) (b) of the statutes, as affected by 1999 Wisconsin Act 186, section 44, and 1999 Wisconsin Act 150, section 93, is amended to read:

AB513,15,2 66.0603 (1m) (b) A town, city, or village may invest surplus funds in any bonds or securities issued under the authority of the municipality, whether the bonds or securities create a general municipality liability or a liability of the property owners of the municipality for special improvements, and may sell or hypothecate the bonds or securities. Funds of an employer, as defined by s. 40.02 (28), in a deferred compensation plan may also be invested and reinvested in the same manner authorized for investments under s. 881.01 (1). Funds of any school district operating under ch. 119, held in trust for pension plans intended to qualify under section 401 (a) of the Internal Revenue Code, other than funds held in the public employee trust fund, may be invested and reinvested in the same manner as is authorized for investments under s. 881.01.

Note: The underscored language was deleted by 1999 Wis. Act 150 without being shown as stricken. No change was intended.

AB513, s. 32 Section 32. 66.0603 (3) of the statutes is amended to read:

AB513,15,10 66.0603 (3) Additional delegation of investment authority. In addition to the authority granted under sub. (2m) (2), a school district operating under ch. 119 may delegate the investment authority over any of its funds not immediately needed and held in trust for its qualified pension plans to an investment manager who meets the requirements and qualifications specified in the trust's investment policy and who is registered as an investment adviser under the Investment Advisers Act of 1940, 15 USC 80b-3.

Note: Inserts the correct cross-reference. Section 66.04 (2m) and (3) were renumbered to s. 66.0603 (2) and (3) by 1999 Wis. Act 150, but this cross-reference was not changed accordingly.

AB513, s. 33 Section 33. The treatment of 66.0621 (1) (a) of the statutes by 1999 Wisconsin Act 65, section 18, and 1999 Wisconsin Act 150, section 175, is not repealed by 1999 Wisconsin Act 167, section 33. All treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 66.0621 (1) (a) reads:

(a) "Municipality" means a city, village, town, county, commission created by contract under s. 66.0301, public inland lake protection and rehabilitation district established under s. 33.23, 33.235 or 33.24, metropolitan sewerage district created under ss. 200.01 to 200.15 and 200.21 to 200.65, town sanitary district under subch. IX of ch. 60, a local professional baseball park district created under subch. III of ch. 229, a local professional football stadium district created under subch. IV of ch. 229, a local cultural arts district created under subch. V of ch. 229 or a municipal water district or power district under ch. 198 and any other public or quasi-public corporation, officer, board or other public body empowered to borrow money and issue obligations to repay the money and obligations out of revenues. "Municipality" does not include the state or a local exposition district created under subch. II of ch. 229.

AB513, s. 34 Section 34. 66.0621 (4) (L) 7. of the statutes is amended to read:

AB513,16,2 66.0621 (4) (L) 7. Bond anticipation notes are a legal form of investment for municipal funds under s. 66.0605 (1) 66.0603 (1m).

Note: Inserts the correct cross-reference. 1999 Wis. Act 150 changed this cross-reference from s. 66.04 (2) to s. 66.0605 (1), but s. 66.04 (2) was renumbered to s. 66.0603 (1) by Act 150, and was subsequently renumbered to s. 66.0603 (1m) by 1999 Wis. Act 186.

AB513, s. 35 Section 35. 66.0623 of the statutes is amended to read:

AB513,16,19 66.0623 Refunding village, town, sanitary , and inland lake district bonds. A village, town, town sanitary district established under s. 60.71 (1), or public inland lake protection and rehabilitation district established under ch. 33 which that has undertaken to construct a combined sewer and water system and issued revenue bonds payable from the combined revenues of the system and which that is unable to provide sufficient funds to complete the construction of the system and to meet maturing principal of the revenue bonds, may, with the consent of all of the holders of noncallable bonds, refund all or any part of its outstanding indebtedness, including revenue bonds, by issuing term bonds maturing in not more than 20 years, payable solely from the revenues of the combined sewer and water system and redeemable at par on any interest payment date. The bonds may be issued as provided in s. 66.0621 (2) (4) and shall pledge income from hydrant rentals and all sewer and water charges and may contain any covenants authorized by law, except if bonds are issued under this section to refund floating indebtedness, the bonds are subject to the prior lien and claim of all bonds issued to refund revenue bonds issued prior to the refunding.

Note: Inserts the correct cross-reference. Section 66.066 (2) was renumbered to s. 66.0621 (4) by 1999 Wis. Act 150, but this cross-reference was changed from s. 66.066 (2) to s. 66.0621 (2).

AB513, s. 36 Section 36. 66.066 (5) (b) of the statutes, as created by 1999 Wisconsin Act 167, is renumbered 66.0621 (5) (b).

Note: Confirms renumbering by the Revisor under s. 13.93 (1) (b). 1999 Wis. Act 150 renumbered s. 66.066 to s. 66.0621.

AB513, s. 37 Section 37. 66.0815 (1) (c) of the statutes, as affected by 1999 Wisconsin Act 150, section 169, and 1999 Wisconsin Act 182, section 204d, is amended to read:

AB513,17,14 66.0815 (1) (c) An ordinance under sub. (1) may not take effect until 60 days after passage and publication unless sooner approved by a referendum. Within the 60-day period electors equal in number to 20% of those voting at the last regular municipal election may file a petition requesting for a referendum. The petition shall be in writing and filed with the clerk and as provided in s. 8.37. The petition shall conform to the requirements of s. 8.40, except that each signer shall also state his or her. Each signer shall state his or her residence and signatures shall be verified by the affidavit of an elector. The referendum shall be held at the next regular municipal election, or at a special election within 90 days of the filing of the petition. The ordinance may not take effect unless approved by a majority of the votes cast. This paragraph does not apply to extensions by a utility previously franchised by the village, city, or town.

Note: The stricken "for" was inserted by 1999 Wis. Act 150, but was rendered surplusage by the treatment of this provision by 1999 Wis. Act 182. The stricken phrase was rendered surplusage by the interaction of the treatments by Acts 150 and 182. Adds serial comma consistent with current style.

AB513, s. 38 Section 38. 66.0821 (4) (c) of the statutes, as affected by 1999 Wisconsin Act 150, section 224, is renumbered 66.0821 (4) (d).

Note: Confirms renumbering by the Revisor under s. 13.93 (1) (b). 1999 Wis. Act 150, s. 222, also renumbered a provision to s. 66.0821 (4) (c).

AB513, s. 39 Section 39. 66.0823 (16) of the statutes is amended to read:

AB513,18,2 66.0823 (16) Other statutes. This section does not limit the powers of local governmental units to enter into intergovernmental cooperation or contracts or to establish separate legal entities under s. 66.30 66.0301 or any other applicable law, or otherwise to carry out their powers under applicable statutory provisions.

Note: Inserts the correct cross-reference. Section 66.30 was renumbered to s. 66.0301 by 1999 Wis. Act 150.

AB513, s. 40 Section 40. The treatment of 66.1001 (4) (b) 2. of the statutes by 1999 Wisconsin Act 148, section 9, is not repealed by 1999 Wisconsin Act 185, section 57. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 66.1001 (4) (b) 2. reads:

2. The clerk of every local governmental unit that is adjacent to the local governmental unit that is the subject of the plan that is adopted or amended as described in par. (b) (intro.).

AB513, s. 41 Section 41. The treatment of 66.1103 (10) (d) of the statutes by 1999 Wisconsin Act 150, section 497, is not repealed by 1999 Wisconsin Act 182, section 206. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 66.1103 (10) (d) reads:

(d) The governing body may issue bonds under this section without submitting the proposition to the electors of the municipality for approval unless within 30 days from the date of publication of notice of adoption of the initial resolution for the bonds, a petition conforming to the requirements of s. 8.40, signed by not less than 5% of the registered electors of the municipality, or, if there is no registration of electors in the municipality, by 10% of the number of electors of the municipality voting for the office of governor at the last general election as determined under s. 115.01 (13), is filed with the clerk of the municipality and as provided in s. 8.37 requesting a referendum upon the question of the issuance of the bonds. If a petition is filed, the bonds may not be issued until approved by a majority of the electors of the municipality voting on the referendum at a general or special election.

AB513, s. 42 Section 42. 66.1331 (16) of the statutes is amended to read:

AB513,18,11 66.1331 (16) Liquidation and disposal. Projects held under this section may be liquidated and disposed of under s. 66.40 66.1201 (25).

Note: Inserts the correct cross-reference. Section 66.40 was renumbered to s. 66.1201 by 1999 Wis. Act 150.

AB513, s. 43 Section 43. 66.1333 (5) (a) 4. a. of the statutes is amended to read:

AB513,19,11 66.1333 (5) (a) 4. a. Borrow money and issue bonds; execute notes, debentures, and other forms of indebtedness; apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the city in which it functions, from the federal government, the state, county, or other public body, or from any sources, public, or private for the purposes of this section, and give such security as may be required and enter into and carry out contracts or agreements in connection, with the security; and include in any contract for financial assistance with the federal government for or with respect to blight elimination and slum clearance and urban renewal such conditions imposed pursuant to federal laws as the authority deems considers reasonable and appropriate and which that are not inconsistent with the purposes of this section.

Note: The stricken comma was deleted by 1999 Wis. Act 150 without being shown as stricken. The change was intended and is reflected in the published volumes.

AB513, s. 44 Section 44. 66.395 (3) (intro.) of the statutes is renumbered 66.1213 (4) (intro.).

Note: Confirms renumbering by the Revisor under s. 13.93 (1) (b). The remainder of s. 66.395 (3) was renumbered to s. 66.1213 (4) by 1999 Wis. Act 150.

AB513, s. 45 Section 45. 66.505 (5) of the statutes is repealed.