AB510: Bill Text

AB510,63,7 (b) Sue and be sued in its own name, and plead and be impleaded.

AB510,63,8 (c) Maintain an office.

AB510,63,10 (d) In connection with property or facilities used or needed by a district to perform the services it provides:

AB510,63,12 1. Acquire, develop, equip, maintain, improve, operate, and manage such property or facilities.

AB510,63,14 2. Enter into contracts, subject to such standards as may be established by the commission.

AB510,63,15 3. Grant concessions.

AB510,63,16 4. Operate recreational facilities or programs.

AB510,63,20 (e) Employ personnel, and fix and regulate their compensation; and provide, either directly or subject to an agreement under s. 66.0301 as a participant in a benefit plan of another municipality, any employee benefits, including an employee pension plan.

AB510,63,23 (f) Purchase insurance, establish and administer a plan of self-insurance, or, subject to an agreement with another political subdivision under s. 66.0301, participate in a governmental plan of insurance or self-insurance.

AB510,64,3 (g) Set standards governing the use of, and the conduct within, its property, facilities, and recreational facilities in order to promote public safety and convenience and to maintain order.

AB510,64,12 (h) To carry out its functions, levy a tax on the taxable property in the district, as equalized by the department of revenue under s. 70.57. The commission shall establish the tax levy rate. The tax levy shall be applied to the respective real property and personal property tax rolls of each city, village, and town, or part of a town, included in the district and shall not be included within any limitation on county or municipality taxes. Collected taxes levied under this paragraph shall be paid to the district treasurer. Collected taxes levied under this paragraph may not be used to provide a service that is not provided to every municipality within the district.

AB510,64,14 (i) Accept gifts and other aid, which may be used only for the following purposes:

AB510,64,15 1. Maintaining the district's property or facilities.

AB510,64,16 2. Operating the district's property or facilities.

AB510,64,17 3. Making capital improvements to the district's property or facilities.

AB510,64,19 (j) Administer the receipt of revenues, and oversee the payment of bills or other debts incurred by the district.

AB510,64,20 (k) Adopt a resolution to impose a room tax under s. 66.0615 (1m) (em).

AB510,64,21 (L) Adopt a resolution to impose impact fees under s. 66.0617.

AB510,64,23 (m) Issue debt under ch. 67 only for capital improvements to property or facilities.

AB510,65,3 (n) Request that a county or a regional planning commission redesignate the urbanized areas of the county or the region before the 10-year period specified in ss. 59.69 (2) (g) 3. and 66.0309 (8) (c) 2.

AB510,65,17 229.864 Powers and duties of, and limitations on, municipalities. (1) The number of members of the commission determined under s. 229.861 (3) (a) 1. may be changed only by an agreement that is approved unanimously by ordinance or resolution of the governing bodies of each municipality that makes up the jurisdiction of the district. Each such ordinance or resolution shall include an identical revised schedule for expiration of the terms of office of the commissioners under s. 227.861 (4) (d) that does not change the term of office of any current or future commissioner and if commissioners are elected pursuant to an apportionment plan under s. 229.861 (4) (b) 1., an identical revised apportionment plan. Any change that is adopted or enacted by all municipalities on or before November 1 of any year is effective with respect to terms of office that begin on the 3rd Tuesday of April following that November 1. Any change that is adopted or enacted by all municipalities after November 1 of any year is effective with respect to terms of office that begin on the 2nd succeeding 3rd Tuesday of April following that November 1.

AB510,65,22 (2) Except as otherwise provided in this section, the governing body of each municipality that makes up the jurisdiction of the district may not expend any funds to support property or facilities that are owned by the district, or impose an impact fee under s. 66.0617 for property or facilities that are related to providing a service being provided by a district to that municipality.

AB510,65,24 (3) In addition to any powers that it may otherwise have, a municipality located wholly or partly within a district's jurisdiction may do any of the following:

AB510,66,2 (a) Make loans to a district upon terms that the municipality considers appropriate.

AB510,66,4 (b) Lease or transfer property to a district upon terms that the municipality considers appropriate.

AB510,66,9 (4) No city or village may annex any town territory under s. 66.0217, 66.0219, 66.0221, or 66.0223 if that territory is part of the same district of which the annexing city or village is a part, except that such territory may be annexed under a boundary agreement under s. 66.0307, or such territory may be annexed at the request of the property owner and with the approval of the town board.

AB510,66,18 (5) The board of any town which, in whole or in part, is located in a district that provides the town with zoning and planning services under s. 229.863 (2) (e) and (3) (c) may exercise all powers of cities under s. 66.1105 in the part of the town that is subject to such district services. If the town board exercises the powers of a city under s. 66.1105, it is subject to the same duties as a common council under s. 66.1105 and the town is subject to the same duties and liabilities as a city under s. 66.1105. If the town board exercises the powers of a city under s. 66.1105, the town shall enter into a revenue sharing agreement under s. 66.0305 with every other municipality in the district.

AB510,66,23 (6) (a) If all of the municipalities in a district are covered by full-time police service that is provided by an entity other than the county or the district, each of the municipalities shall be reimbursed by the county in an amount that equals 50% of the municipality's share of the county tax levy for the sheriff's department, other than costs related to the county jail and administration of the sheriff's department.

AB510,67,3 (b) If all of the municipalities in a district are covered by full-time police service that is provided by the district, the district shall be reimbursed by the county in an amount that equals 50% of each municipality's share of the county tax levy for the sheriff's department, other than costs related to the county jail and administration of the sheriff's department.

AB510,67,10 229.865 Dispute resolution, veto panel. (1) (a) Upon the creation of a district under this subchapter, there shall be created for that district a veto panel, the membership of which shall be the chief executive officer of each municipality that is part of the district. If a municipality becomes part of a district after its creation, the chief executive officer of the municipality shall become a member of the veto panel. A veto panel that is created under this section shall dissolve on the first day of the 120th month beginning after its creation.

AB510,67,24 (b) If the commission takes any action on an item that is specified on the list that is described in s. 229.861 (3) (a) 4., the clerk of the commission shall send a written description of the action taken to the members of the veto panel and to the municipal clerk of each municipality that is part of the district. Each member of the panel may notify the clerk in writing, not later than 10 business days after he or she receives the description of the action taken, that he or she objects to the commission's action. If at least 50% of the members of the panel object to the commission's action as provided in this paragraph, the action of the commission is vetoed and may not take effect. If an action of the commission is vetoed, the clerk shall include a veto override session in the agenda of the commission's next regularly scheduled meeting, although an override session may be held at an emergency meeting that is called before the next regularly scheduled meeting. If two-thirds of all of the members of the commission vote to override the veto, the commission's action that was vetoed takes effect notwithstanding the objections of the veto panel.

AB510,68,3 (2) Other than a dispute for which arbitration is specified in this subchapter, any dispute between a commission and a municipality, in any of the following areas, shall be submitted to arbitration under ch. 788:

AB510,68,4 (a) The creation of a district.

AB510,68,5 (b) The governance of a district.

AB510,68,6 (c) The functions of a district.

AB510,68,7 (d) The services provided by a district.

AB510,68,9 (e) The transfer of property and facilities from a district to a municipality upon the dissolution of a district under s. 229.867.

AB510,68,20 229.866 Commencement of services. A district shall commence providing its initial services on January 1 of the year following the year in which the first election of commissioners takes place. Thereafter, a district may determine the date on which it commences providing any additional service, and shall provide written notification of the date to a municipality. A municipality shall cease providing the service as of the date specified by the district. If the district begins to provide a service other than at the start of a municipality's fiscal year, the municipality that receives the service shall transfer to the district the unexpended municipal funds from its current year's budget that are specified for the provision of such service. The amount of unexpended funds that are transferred shall be based on the date on which the municipality stops, and the district starts, providing the service.

AB510,69,2 229.867 Dissolution of district. (1) Subject to providing for the payment of its debts, and the performance of its other contractual obligations, a district may be dissolved by the action of the commission. If the district is dissolved, the commission shall certify to each of the municipalities that are a part of the district that the district is dissolved, and the property of the district shall be transferred to such municipalities by the commission, based on at least all of the following factors:

AB510,69,4 (a) The current value of property and facilities transferred by a municipality to a district.

AB510,69,6 (b) The amount of money contributed to the district during its existence by a municipality under ss. 66.0615 and 229.863 (4) (h).

AB510,69,8 (c) The amount of any other contribution made by a municipality to a district, including any contribution that is made under s. 229.864 (3).

AB510,69,11 (2) If a municipality disagrees with the commission's decisions regarding the transfer of property, the municipality may have its disagreement settled by an arbitrator under s. 229.865 (2) (e).

AB510, s. 122 Section 122. 287.09 (1) (a) of the statutes is amended to read:

AB510,69,14 287.09 (1) (a) Except as provided in pars. (b) to (d) (dm), each municipality is a responsible unit.

AB510, s. 123 Section 123. 287.09 (1) (dm) of the statutes is created to read:

AB510,69,17 287.09 (1) (dm) A metropolitan service district that provides recycling services under s. 229.863 (2) (i) is a responsible unit.

AB510, s. 124 Section 124. 287.09 (1) (e) of the statutes is amended to read:

AB510,70,5 287.09 (1) (e) The governing body of a county that adopts a resolution under par. (b) or enters into a contract under par. (d) shall submit a copy of the resolution or contract to the department and to the clerk of each municipality in the county, within 30 days after adoption of the resolution or the signing of the contract. The governing body of a municipality that adopts a resolution under par. (c) or enters into a contract under par. (d) shall submit a copy of the resolution or contract to the department and to the clerk of the county in which the municipality is located, within 30 days after adoption of the resolution or the signing of the contract. A metropolitan service district that is a responsible unit under par. (dm) shall notify the department and the clerk of the county in which the metropolitan service district is located of the region for which the metropolitan service district is a responsible unit, within 30 days after it becomes a responsible unit.

AB510, s. 125 Section 125. 340.01 (28t) of the statutes is created to read:

AB510,70,8 340.01 (28t) "Metropolitan service district" has the meaning given for "district" in s. 229.86 (3).

AB510, s. 126 Section 126. 341.26 (2m) (a) of the statutes is amended to read:

AB510,70,12 341.26 (2m) (a) In this subsection, "municipality" has the meaning given in s. 345.05 (1) (c), except that the term includes a metropolitan service district but does not include a county.

AB510, s. 127 Section 127. 343.38 (1) (c) 2. b. of the statutes is amended to read:

AB510,70,15 343.38 (1) (c) 2. b. A vehicle owned by or leased to the United States, this state or any county or, municipality, or metropolitan service district of this state.

AB510, s. 128 Section 128. 344.14 (2) (j) of the statutes is amended to read:

AB510,70,20 344.14 (2) (j) To the owner of a vehicle involved in an accident if at the time of the accident such vehicle was owned by or leased to the United States, this state or any county or, municipality, or metropolitan service district of this state, or to the operator of such vehicle if operating such vehicle with permission.

AB510, s. 129 Section 129. 344.25 (1) of the statutes is amended to read:

AB510,71,2 344.25 (1) If the judgment arose out of an accident caused by the ownership or operation, with permission, of a vehicle owned by or leased to the United States, this state or any county or, municipality , or metropolitan service district of this state or a vehicle subject to the requirements of s. 121.53, 194.41 or 194.42, the secretary shall not suspend such operating privilege or registration.

AB510, s. 130 Section 130. 345.05 (2), (4) and (5) of the statutes are amended to read:

AB510,71,13 345.05 (2) A person suffering any damage proximately resulting from the negligent operation of a motor vehicle owned and operated by a municipality or metropolitan service district, which damage was occasioned by the operation of the motor vehicle in the course of its business, may file a claim for damages against the municipality or metropolitan service district concerned and the governing body thereof of the municipality or the commission of the metropolitan service district may allow, compromise, settle and pay the claim. In this subsection, a motor vehicle is deemed owned and operated by a municipality or metropolitan service district if the vehicle is either being rented or leased, or is being purchased under a contract whereby the municipality or metropolitan service district will acquire title.

AB510,71,16 (4) In this section, judgments against municipalities and metropolitan service districts shall be certified, filed and collected as provided in s. 66.0117 whether named therein or not.

AB510,71,23 (5) If the allowance of claim is by or the judgment is against any municipality or metropolitan service district lying in more than one town, city, village or county, the governing body of the debtor municipality or the commission of the debtor metropolitan service district shall prorate the amount of the claim allowed or the judgment and so certify to the proper officials for tax levy, so that the taxable property of the debtor municipality or the debtor metropolitan service district will equitably bear the amount of the claim or judgment.

AB510, s. 131 Section 131. 348.18 of the statutes is amended to read:

AB510,72,5 348.18 Weight limitations apply to publicly-owned vehicles; exceptions. Sections 348.15 to 348.17 and the penalties for violations thereof also apply to vehicles owned by the state, a county or, a municipality, or a metropolitan service district, except when such vehicles are being used for the removal, treatment or sanding of snow or ice or when such vehicles are authorized emergency vehicles.

AB510, s. 132 Section 132. Laws of 1975, chapter 105, section 1 (1) and (2) is amended to read:

AB510,72,19 [Laws of 1975, chapter 105] Section 1 (1) The legislature finds that the existing system of allocating aggregate property tax revenues among tax levying municipalities has resulted in significant inequities and disincentives. The cost of public works or improvements within a city or, village, or certain towns has been borne entirely by the city or, village , or town, while the expansion of tax base which is stimulated, directly or indirectly, by such improvements, benefits not only the city or, village, or town but also all municipalities which share such tax base. This situation is inequitable. Moreover, when the cost to a city or, village, or town of a public improvement project exceeds the future benefit to the city or, village, or town resulting therefrom, the city or, village , or town may decide not to undertake such project. This situation has resulted in the postponement or cancellation of socially desirable projects.

AB510,72,25 (2) The legislature further finds that accomplishment of the vital and beneficial public purposes of sections 66.405 to 66.425, 66.43, 66.431, 66.435 and 66.52 of the statutes, is being frustrated because of a lack of incentives and financial resources. The purpose of this act is to create a viable procedure by which a city or, village, or certain towns, through its own initiative and efforts, may finance projects which will tend to accomplish these laudable objectives.

AB510, s. 133 Section 133. Initial applicability.

AB510,73,3 (1) The treatment of section 79.05 (1) (bm) of the statutes first applies to distributions under the expenditure restraint program in 2004.

AB510,73,4 (End)