AB513: Bill Text

(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.

Note: 1999 Wis. Act 150 renumbered the remainder of s. 66.505 to be s. 66.0923 and created a new s. 66.0923 (5) that treats the same subject, auditorium boards, as the prior s. 66.505 (5). The published volumes were printed without s. 66.505 (5).

AB513, s. 46 Section 46. 67.10 (3) of the statutes is amended to read:

AB513,20,5 67.10 (3) Borrowed money fund, source and use. All borrowed money shall be paid into the treasury of the municipality borrowing it, be entered in an account separate and distinct from all other funds, disbursements charged thereto shall be for the purpose for which it was borrowed and for no other purpose, except as provided by s. 67.11, but including the reimbursement of a temporary advance from other funds of the municipality or the repayment of a temporary loan by the municipality if such advance or loan has been made in anticipation of the borrowed money and for the same purpose, and such disbursements shall be only upon orders or warrants charged to said fund and expressing the purpose for which they are drawn. Money in the borrowed money fund may be temporarily invested as provided in s. 66.0603 (1) (1m).

Note: Inserts the correct cross-reference. Section 66.0603 (1) was renumbered to s. 66.0603 (1m) by 1999 Wis. Act 186.

AB513, s. 47 Section 47. 67.16 (2) (c) of the statutes is amended to read:

AB513,20,10 67.16 (2) (c) If any instalment installment of the special assessment that is entered in the tax roll is not be paid to the treasurer of the local governmental unit with the other taxes, it shall be returned to the county treasurer as delinquent in trust for collection.

Note: The treatment of this provision by 1999 Wis. Act 150 rendered the stricken "be" surplusage.

AB513, s. 48 Section 48. 70.111 (25) of the statutes is amended to read:

AB513,20,15 70.111 (25) Digital broadcasting equipment. Digital broadcasting equipment owned and used by a radio station or a television station, except that this subsection does not apply to digital broadcasting equipment that is owned and used by a cable television system, as defined in s. 66.082 66.0419 (2) (d).

Note: Inserts the correct cross-reference. Section 66.082 was renumbered to s. 66.0419 by 1999 Wis. Act 150.

AB513, s. 49 Section 49. 77.994 (1) (intro.) of the statutes is amended to read:

AB513,21,2 77.994 (1) (intro.) Except as provided in sub. (2), a municipality or a county all of which is included in a premier resort area under s. 66.113 66.1113 may, by ordinance, impose a tax at a rate of 0.5% of the gross receipts from the sale, lease, or rental in the municipality or county of goods or services that are taxable under subch. III made by businesses that are classified in the standard industrial classification manual, 1987 edition, published by the U.S. office of management and budget, under the following industry numbers:

Note: Inserts the correct cross-reference. 1999 Wis. Act 150, section 672, changed the cross-reference to s. 66.307 in this provision to s. 66.113, but s. 66.307 was renumbered to s. 66.1113 by act by Act 150.

AB513, s. 50 Section 50. 79.095 (1) (bm) of the statutes is amended to read:

AB513,21,8 79.095 (1) (bm) "Special purpose district" means a metropolitan sewerage district organized under ss. 66.88 to 66.918 subch. II of ch. 200, a town sanitary district organized under subch. IX of ch. 60, a metropolitan sewerage district created under s. 66.22 200.05, or a public inland lake protection and rehabilitation district organized under subch. IV of ch. 33.

Note: Inserts the correct cross-reference. Sections 66.88 to 66.918 were renumbered to ss. 200.21 to 290.65, which comprise subch. II of ch. 200, by 1999 Wis. Act 150. Section 66.22 was renumbered to s. 200.05 by Act 150.

AB513, s. 51 Section 51. The treatment of 103.49 (1) (d) 2. of the statutes by 1999 Wisconsin Act 70, section 25, is not repealed by 1999 Wisconsin Act 150, section 628. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 103.49 (1) (d) 2. reads:

2. If there is no rate at which a majority of the hours worked in the trade or occupation on projects in the area is paid, "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or demolition of any project of public works in any area means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51% of hours worked in that trade or occupation on projects in that area.

AB513, s. 52 Section 52. The treatment of 103.49 (3) (a) of the statutes by 1999 Wisconsin Act 70 is not repealed by 1999 Wisconsin Act 150. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 103.49 (3) (a) reads:

(a) Before bids are asked for any work to which this section applies, the state agency having the authority to prescribe the specifications shall apply to the department to determine the prevailing wage rate for each trade or occupation required in the work under contemplation in the area in which the work is to be done. The department shall conduct investigations and hold public hearings as necessary to define the trades or occupations that are commonly employed on projects that are subject to this section and to inform itself as to the prevailing wage rates in all areas of the state for those trades or occupations, in order to determine the prevailing wage rate for each trade or occupation. The department shall issue its determination within 30 days after receiving the request and shall file the determination with the requesting state agency. For the information of the employees working on the project, the prevailing wage rates determined by the department, the prevailing hours of labor and the provisions of subs. (2) and (6m) shall be kept posted by the state agency in at least one conspicuous and easily accessible place on the site of the project.

AB513, s. 53 Section 53. The treatment of 103.49 (3) (b) of the statutes by 1999 Wisconsin Act 70 is not repealed by 1999 Wisconsin Act 150. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 103.49 (3) (b) reads:

(b) Any person may request a recalculation of any portion of an initial determination within 30 days after the initial determination date if the person submits evidence with the request showing that the prevailing wage rate for any given trade or occupation included in the initial determination does not represent the prevailing wage rate for that trade or occupation in the area. The evidence shall include wage rate information reflecting work performed by persons working in the contested trade or occupation in the area during the current survey period. The department shall affirm or modify the initial determination within 15 days after the date on which the department receives the request for recalculation.

AB513, s. 54 Section 54. The treatment of 103.49 (4r) (c) of the statutes by 1999 Wisconsin Act 70 is not repealed by 1999 Wisconsin Act 150. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 103.49 (4r) (c) reads:

(c) Upon completion of a project and before receiving final payment for his or her work on the project, each contractor shall file with the state agency authorizing the work an affidavit stating that the contractor has complied fully with the requirements of this section and that the contractor has received an affidavit under par. (b) from each of the contractor's agents and subcontractors. A state agency may not authorize a final payment until the affidavit is filed in proper form and order. If a state agency authorizes a final payment before an affidavit is filed in proper form and order or if the department determines, based on the greater weight of the credible evidence, that any person performing the work specified in sub. (2m) has been or may have been paid less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor and requests that the state agency withhold all or part of the final payment, but the state agency fails to do so, the state agency is liable for all back wages payable up to the amount of the final payment.

AB513, s. 55 Section 55. The treatment of 103.49 (5) (a) of the statutes by 1999 Wisconsin Act 70 is not repealed by 1999 Wisconsin Act 150. Both treatments stand.