AB510: Bill Text

AB510,57,24 (2) Subject to sub. (3), a district shall provide at least 2 governmental services, which shall include at least one of the following:

AB510,58,4 (a) Economic development services directed at attracting business to the district. Upon request of a district, any municipality within the district shall cooperate with the district in the district's provision of economic development services under this paragraph.

AB510,58,12 (b) Land use planning, by developing a comprehensive plan, as that term is used in s. 66.1001 (1) (a), for the district as if the district were a local governmental unit under s. 66.1001 (1) (b), and by encouraging all of the municipalities in the district to adopt comprehensive plans under s. 66.1001 that are consistent with the plan adopted by the district. A district's comprehensive plan under this paragraph shall be adopted by the district as soon as possible. Such a plan may be used only for advisory purposes, unless the district exercises zoning powers under par. (e) and (3) (b) and except as provided in sub. (3) (c).

AB510,58,13 (c) Fire and emergency medical services.

AB510,58,14 (d) Parks and recreation services.

AB510,58,15 (e) Zoning.

AB510,58,16 (f) Mass transit services.

AB510,58,17 (g) Highway maintenance services.

AB510,58,18 (h) Police.

AB510,58,19 (i) Recycling.

AB510,58,20 (j) Yard waste and garbage collection.

AB510,58,21 (k) Libraries.

AB510,59,2 (3) (a) 1. If all of the municipalities that are part of a district adopt a resolution requesting that the district provide a service, the district shall provide that service. If one or more, but not all, of the municipalities that are part of a district adopt a resolution requesting that the district provide a service, the district may either provide the service to or within the municipalities that have requested the service or the district may choose to not provide the service.

AB510,59,11 2. If less than all of the municipalities in a district request that the district provide a service and if the district provides the service, the residents of each municipality that has not adopted a resolution requesting that the service be provided may petition the municipality's governing body to either adopt such a resolution or provide for an advisory referendum. The petition and referendum requirements under s. 9.20 (1) to (6), as they apply to direct legislation in cities and villages, shall apply to a petition and referendum that is undertaken under this subdivision, except that a referendum question, if approved by the electors, is not binding.

AB510,59,14 3. If a district provides a service to only some of the municipalities in the district, only the municipalities that receive the service may be charged a fee by the district for that service.

AB510,59,21 (b) If a district engages in zoning under sub. (2) (e), the district shall exercise authority under s. 62.23 (7) and act as if it were a city. A district acting under this paragraph may create a "District Plan Commission" to act as if it were a "City Plan Commission" as described in s. 62.23 (1). If a district acts under this paragraph all zoning ordinances that were enacted by a municipality, that is part of the district, before the district exercises zoning authority under this paragraph remain in effect until the district amends or repeals the ordinances.

AB510,60,2 (c) If at the time a district is created a town is subject to county zoning under s. 59.69, town zoning under s. 60.61, or is unzoned, that portion of the town that is part of the district shall be subject to the district's comprehensive plan upon the plan's adoption. The town shall also be subject to district zoning authority that may be exercised under sub. (2) (e), notwithstanding s. 59.69 (5) (c).

AB510,60,4 (d) 1. If the district provides fire and emergency medical services under sub. (2) (c), the commission shall establish a board of fire commissioners.

AB510,60,6 2. If the district provides police services under sub. (2) (h), the commission shall establish a board of police commissioners.

AB510,60,9 3. If the district provides both fire and emergency medical services under sub. (2) (c), and police services under sub. (2) (h), the commission shall establish a board of police and fire commissioners.

AB510,60,11 4. A board created under this paragraph shall be organized in the same manner as boards of police and fire commissioners under s. 62.13 (1).

AB510,60,17 5. A board created under this paragraph is subject to the provisions of s. 62.13 (2) to (5) and (7) to (12) to the extent that the provisions apply to 2nd and 3rd class cities. In applying s. 62.13 under this paragraph the commission's chairperson has the powers and duties specified for a mayor, the commission has the powers and duties specified for a common council and the district has the powers and duties specified for a city.

AB510,60,22 6. If the district provides fire protection services, the fire fighters employed by the district, subject to par. (g), who are not subject to Titles II and XVIII of the federal Social Security Act on the day on which they become employees of the district, shall continue not to be subject to those provisions unless the fire fighters and the district agree otherwise through the collective bargaining process.

AB510,60,25 (e) A district may provide services relating to the operation, enhancement, improvement, and promotion of an existing mass transit system. "Mass transit system" has the meaning given in s. 85.20 (1) (e).

AB510,61,7 (f) 1. A municipality may provide all or certain parts of the work of maintaining the highways under its jurisdiction, including snow removal, highway lighting, and highway surface cleaning, by contracting with a district to provide highway maintenance services. Notwithstanding s. 229.861 (5) (e), a municipality that joins a district providing services under sub. (2) (g) may specify which highway maintenance services shall be provided by the district and need not have all highway maintenance services provided by the district.

AB510,61,13 2. A district that provides services under sub. (2) (g) may contract with the department of transportation to provide highway maintenance services under s. 84.07. The department of transportation may require the district to adopt the uniform system of cost accounting required of counties under s. 83.015 (3) (d) before entering into a contract with the district to provide highway maintenance services under s. 84.07.

AB510,62,5 3. A municipality that contracts with a district under subd. 1. to provide highway maintenance services shall transfer to the district, within 30 days of receipt by the municipality of any transportation aids payment under s. 86.30 or 86.32, that percentage of the payment that represents the cost of the highway maintenance services to be provided by the district as compared to, with respect to aids paid under s. 86.30, the cost of all other transportation-related services provided by the municipality and, with respect to aids paid under s. 86.32, the cost of all other connecting highway maintenance services provided by the municipality. The percentage transferred under this subdivision shall be consistent with the municipality's reporting of cost data under s. 86.303. For purposes of reporting under s. 86.303, a municipality that contracts with a district under subd. 1. to provide highway maintenance services shall include such highway maintenance services in its report under s. 86.303 and specify that such services are provided by a district, and shall further specify the amount of transportation aids transferred to the district for the performance of such services. A district receiving a transfer under this subdivision of aids paid to a municipality under s.86.30 is subject to the provisions of s. 86.30 (2) (f).

AB510,62,10 (g) 1. Whenever a municipality becomes a part of a district, the district shall employ all municipal employees who provided the services that will henceforth be provided by the district if the employees, as municipal employees, were included in a collective bargaining unit for which a representative is certified under subch. IV of ch. 111.

AB510,62,15 2. Until the expiration date of the applicable collective bargaining agreement specified in subd. 1., the district shall provide the municipal employees who become district employees wages and benefits at least equal to those provided under the collective bargaining agreement and shall adhere to all terms of the collective bargaining agreement relating to seniority and hours and conditions of employment.

AB510,62,22 3. The district shall employ the municipal employees specified under subd. 1. until the expiration date of the applicable collective bargaining agreement that covered the employees while they were municipal employees. Beginning on that expiration date, the district may offer continued employment to these employees under sub. (4) (e) and all such employees hired by the district, for seniority purposes, shall be considered to have been employed by the district for the same period of time as they were employed by their municipal employer.

AB510,63,3 4. Notwithstanding s. 111.70 (4) (d), if, in any collective bargaining unit that is initially created at a district, a majority of the former municipal employees were represented by the same representative when they were employed by a municipality, that representative shall become the initial representative of the employees in the collective bargaining unit without the necessity of filing a petition or conducting an election.

AB510,63,5 (4) In addition to all other powers granted by this subchapter, a district may do all of the following:

AB510,63,6 (a) Adopt and alter an official seal.

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: