AB510: Bill Text

AB510, s. 36 Section 36. 27.075 (1) of the statutes is amended to read:

AB510,20,18 27.075 (1) The county board of any county with a population of less than 500,000 is hereby vested with all powers of a local, legislative, and administrative character for the purpose of governing, managing, controlling, improving , and caring for public parks, parkways, boulevards, and pleasure drives; and to carry out these powers in districts which it may create for different purposes, or throughout the county, and for such purposes to levy county taxes, to issue bonds, assessment certificates, and improvement bonds, or any other evidence of indebtedness. The powers hereby conferred under this section may be exercised by the county board in any town, city or village city, village, or town, or part thereof located in such the county upon the request of any such town, city or village city, village, or town, evidenced by a resolution adopted by a majority vote of the members-elect of its governing body, designating the particular park function, duty, or act, and the terms, if any, upon which the same shall be exercised by the county board. Such The resolution shall state whether the authority or function is to be exercised exclusively by the county or jointly by the county and the town, city or village city, village, or town, and shall also state that the exercise of such the power by the county is in the public interest. Upon the receipt of the resolution, the county board may, by a resolution adopted by a majority vote of its membership, elect to assume the exercise of such the authority or function, upon the terms and conditions set forth in the resolution presented by the town, city or village city, village, or town. A city, village, or town whose parks and recreation services are provided under s. 229.863 (2) (d) by a metropolitan service district under subch. VI of ch. 229 may negotiate the termination of any agreement entered into with a county under this subsection.

AB510, s. 37 Section 37. 27.075 (2) of the statutes is amended to read:

AB510,21,9 27.075 (2) The county board of any such county may, by a resolution adopted by a majority of its membership, propose to the towns, cities and villages cities, villages, and towns located in such the county, or any of them, that it offers to exercise such the powers and functions therein in order that are necessary to consolidate municipal park services and functions in said the county. Such The resolution shall designate the particular function, duty, or act and the terms and conditions, if any, upon which the county board will perform the same. The powers conferred in sub. (1) and designated in such the resolution may thereafter be exercised by the county board in each such town, city or village which shall accept such city, village, or town which accepts the proposal by the adoption of a resolution by a majority vote of the members-elect of its governing body, except that no governing body may accept any proposal described under this subsection unless it contains a provision under which the city, village, or town may terminate its agreement with the county if the city, village, or town wishes to have its parks and recreation services provided under s. 229.863 (2) (d) by a metropolitan service district under subch. VI of ch. 229.

AB510, s. 38 Section 38. 27.075 (3) of the statutes is amended to read:

AB510,21,17 27.075 (3) After the adoption of resolutions by the county board, the county board shall have full power to may legislate upon and administer the entire subject matter committed to it, and among other things, to and may determine, where not otherwise provided by law, the manner of exercising the power thus assumed. No county may exercise any power under this section in a city, village, or town whose parks and recreation services are provided under s. 229.863 (2) (d) by a metropolitan service district under subch. VI of ch. 229.

AB510, s. 39 Section 39. 27.075 (4) of the statutes is amended to read:

AB510,22,14 27.075 (4) The town, city or village concerned A city, village, or town may enter into necessary contracts a contract with the county, and appropriate money to pay the county, for the reasonable expenses incurred in rendering the park services assumed. Such The contract shall provide a procedure for the termination of the contract by any city, village, or town that wishes to have its parks and recreation services provided under s. 229.863 (2) (d) by a metropolitan service district under subch. VI of ch. 229. The expenses may be certified, returned , and paid as are other county charges, and, in the case of services performed pursuant to under a proposal for the consolidation thereof of municipal park services initiated by the county board and made available to each town, city and village city, village, and town in the county on the same terms, the expenses thereof shall be certified, returned, and paid as county charges; but in the event that each and every town, city and village if every city, village, and town in the county shall accept such accepts the proposal of the county board the expenses thereof shall be paid by county taxes to be levied and collected as are other taxes for county purposes. Said towns, cities and villages are vested with all necessary power to do the things herein required, and to do all things and to exercise or relinquish any of the powers herein provided or contemplated. The procedure herein provided in this section for the request or acceptance of the exercise of the powers conferred on the county board in cities and villages is hereby prescribed as a special method of determining the local affairs and government of such cities and villages pursuant to article XI, section 3, of the constitution.

AB510, s. 40 Section 40. 27.08 (1) of the statutes is amended to read:

AB510,22,23 27.08 (1) Every city that does not have its parks and recreation services provided under s. 229.863 (2) (d) by a metropolitan service district under subch. VI of ch. 229 may by ordinance create a board of park commissioners subject to this section, or otherwise as provided by ordinance. Such , and if the city has a board of park commissioners the city shall terminate that board and end the board's authority under this section upon the city's decision to have its parks and recreation services provided under s. 229.863 (2) (d). The board shall be organized as directed by the common council shall provide.

AB510, s. 41 Section 41. 27.08 (3) of the statutes is amended to read:

AB510,23,10 27.08 (3) In any city having no If a city does not have a board of park commissioners its and its parks and recreation services are not provided under s. 229.863 (2) (d) by a metropolitan service district under subch. VI of ch. 229, the city's public parks, parkways, boulevards, and pleasure drives shall be under the charge of its board of public works, if it has such last named board; otherwise or, if it does not have such a board, under the charge of its common council. When so in charge, the board of public works or the common council may exercise all of the powers of a board of park commissioners. Upon a city's decision to have its parks and recreation services provided under s. 229.863 (2) (d), the city's board of public works or common council may not exercise any authority under this section.

AB510, s. 42 Section 42. 30.277 (1b) (a) of the statutes is amended to read:

AB510,23,15 30.277 (1b) (a) "Governmental unit" means a city, village, town, county, or metropolitan service district under subch. VI of ch. 229 which provides parks and recreation services under s. 229.863 (2) (d), or the Kickapoo reserve management board.

AB510, s. 43 Section 43. 43.01 (1m) of the statutes is created to read:

AB510,23,17 43.01 (1m) "District" means a metropolitan service district under ch. 229.

AB510, s. 44 Section 44. 43.18 (1) (ag) of the statutes is amended to read:

AB510,23,21 43.18 (1) (ag) In this subsection, "participating municipality" means a district or municipality that operates a public library and is a member of a public library system.

AB510, s. 45 Section 45. 43.52 (1r) of the statutes is created to read:

AB510,24,2 43.52 (1r) A municipal library may be operated by a district if the municipality and district enter into an agreement of their governing bodies. Notwithstanding s. 43.54, the agreement shall provide for the creation of new library board to carry out the powers and duties under s. 43.58.

AB510, s. 46 Section 46. 43.53 (4) of the statutes is created to read:

AB510,24,7 43.53 (4) A joint library may be operated by a district if the district and the municipalities that established the joint library enter into an agreement of their governing bodies. Notwithstanding s. 43.54, the agreement shall provide for the creation of a new library board to carry out the powers and duties under s. 43.58.

AB510, s. 47 Section 47. 59.69 (2) (g) of the statutes is created to read:

AB510,24,12 59.69 (2) (g) 1. Subject to subd. 2., not later than the first day of the 7th month after the effective date of this subdivision .... [revisor inserts date], the county zoning agency shall designate the boundaries of all urbanized areas in the county, based on at least all of the following factors:

AB510,24,13 a. Population density.

AB510,24,14 b. Compactness.

AB510,24,15 c. Community of interests.

AB510,24,16 d. Cost effectiveness of service delivery.

AB510,24,21 2. A county zoning agency may act under subd. 1. only if the county is not part of a regional planning commission. If a county is not part of a regional planning commission, the zoning agency may contract with any regional planning commission to designate the urbanized areas of the county, based on the factors listed in, and subject to the time limits specified in, subd. 1.

AB510,24,25 3. Following an initial designation of urbanized areas under this paragraph, a county zoning agency, or regional planning commission under subd. 2., shall redesignate urbanized areas of the county every 10 years, based on the factors listed in subd. 1., unless an earlier redesignation is requested under s. 229.863 (4) (n).

AB510,25,2 4. The boundaries of an urbanized area may consist of any combination of the whole of any city, the whole of any village, or the whole or part of any town.

AB510, s. 48 Section 48. 59.69 (5) (c) of the statutes is amended to read:

AB510,25,13 59.69 (5) (c) A county ordinance enacted under this section shall not be effective in any town until it has been approved by the town board. If the town board approves an ordinance enacted by the county board, under this section, a certified copy of the approving resolution attached to one of the copies of such ordinance submitted to the town board shall promptly be filed with the county clerk by the town clerk. The ordinance shall become effective in the town as of the date of the filing, which filing shall be recorded by the county clerk in the clerk's office, reported to the town board and the county board, and printed in the proceedings of the county board. The ordinance shall supersede any prior town ordinance in conflict therewith or which is concerned with zoning, except as provided by s. 60.62 or by s. 229.863 (3) (c).

AB510, s. 49 Section 49. 59.69 (7) of the statutes is amended to read:

AB510,26,2 59.69 (7) Continued effect of ordinance. Whenever an area which has been subject to a county zoning ordinance petitions to become part of a city or village, the regulations imposed by the county zoning ordinance shall continue in effect, without change, and shall be enforced by the city or village until the regulations have been changed by official action of the governing body of the city or village, except that in the event an ordinance of annexation is contested in the courts, the county zoning shall prevail and the county shall have jurisdiction over the zoning in the area affected until ultimate determination of the court action. Whenever an area which has been subject to a county zoning ordinance becomes part of a metropolitan service district under subch. VI of ch. 229 and the metropolitan service district provides zoning services under s. 229.863 (2) (e), that town territory is not subject to a county zoning ordinance and the county zoning ordinance may not be enforced within the town.

AB510, s. 50 Section 50. 60.61 (3) (d) of the statutes is created to read:

AB510,26,5 60.61 (3) (d) The town is not subject to zoning authority that is exercised by a municipal service district under s. 229.863 (2) (e).

AB510, s. 51 Section 51. 60.62 (1) of the statutes is amended to read:

AB510,26,9 60.62 (1) Subject to subs. (2), (3), (3m), and (4), if a town board has been granted authority to exercise village powers under s. 60.10 (2) (c), the board may adopt zoning ordinances under s. 61.35.

AB510, s. 52 Section 52. 60.62 (3m) of the statutes is created to read:

AB510,26,13 60.62 (3m) The town board may not exercise authority under sub. (1) if the town is part of a metropolitan service district that exercises zoning authority under s. 229.863 (2) (e).

AB510, s. 53 Section 53. 61.65 (1) (a) 2. of the statutes is amended to read:

AB510,26,18 61.65 (1) (a) 2. Contracting for police protective services with a city or town, with another village or with the county in which the village is located. A village that contracts for police protective services under this subdivision shall pay the full cost of services provided.

AB510, s. 54 Section 54. 61.65 (1) (a) 4. of the statutes is created to read:

AB510,26,21 61.65 (1) (a) 4. Contracting for police protective services with a metropolitan services district that provides such service under s. 229.863 (2) (h) and (3) (d).

AB510, s. 55 Section 55. 61.65 (2) (a) 2. of the statutes is amended to read:

AB510,26,25 61.65 (2) (a) 2. Contracting for fire protection services with a city or town or with another village. A village that contracts for fire protection services under this subdivision shall pay the full cost of services provided.

AB510, s. 56 Section 56. 61.65 (2) (a) 5. of the statutes is created to read:

AB510,27,3 61.65 (2) (a) 5. Contracting for fire protection services with a metropolitan service district that provides such services under s. 229.863 (2) (c) and (3) (d).

AB510, s. 57 Section 57. 62.13 (1) of the statutes is amended to read:

AB510,27,11 62.13 (1) Commissioners. Except as provided in sub. subs. (2m) and (2s), each city shall have a board of police and fire commissioners consisting of 5 citizens, 3 of whom shall constitute a quorum. The mayor shall annually, between the last Monday of April and the first Monday of May, appoint in writing to be filed with the secretary of the board, one member for a term of 5 years. No appointment shall be made which will result in more than 3 members of the board belonging to the same political party. The board shall keep a record of its proceedings.

AB510, s. 58 Section 58. 62.13 (2s) of the statutes is created to read:

AB510,27,15 62.13 (2s) Metropolitan service districts, contract services. A city may provide for police protective services by contracting with a metropolitan service district that provides such services under s. 229.863 (2) (h) and (3) (d).

AB510, s. 59 Section 59. 62.13 (8) of the statutes is amended to read:

AB510,27,25 62.13 (8) Fire department. The council may provide by ordinance for either a paid or a volunteer fire department and for the management and equipment of either insofar as not otherwise provided for by law. In the case where a combination of paid and volunteer fire department is provided for, such city shall be reimbursed by the department of transportation, not to exceed $500 for any fire calls on a state trunk highway or on any highway that is a part of the national system of interstate highways and is maintained by the department of transportation. A city may also provide for fire protection services by contracting with a metropolitan services district that provides such services under s. 229.863 (2) (c) and (3) (d).

AB510, s. 60 Section 60. 66.0217 (2) of the statutes is amended to read:

AB510,28,14 66.0217 (2) Direct annexation by unanimous approval. If Except as provided in s. 229.864 (4), if a petition for direct annexation signed by all of the electors residing in the territory and the owners of all of the real property in the territory is filed with the city or village clerk, and with the town clerk of the town or towns in which the territory is located, together with a scale map and a legal description of the property to be annexed, an annexation ordinance for the annexation of the territory may be enacted by a two-thirds vote of the elected members of the governing body of the city or village without compliance with the notice requirements of sub. (4). In an annexation under this subsection, subject to sub. (6), the person filing the petition with the city or village clerk and the town clerk shall, within 5 days of the filing, mail a copy of the scale map and a legal description of the territory to be annexed to the department and the governing body shall review the advice of the department, if any, before enacting the annexation ordinance.

AB510, s. 61 Section 61. 66.0217 (3) (a) (intro.) of the statutes is amended to read:

AB510,28,18 66.0217 (3) (a) Direct annexation by one-half approval. (intro.) A Except as provided in s. 229.864 (4), a petition for direct annexation may be filed with the city or village clerk if it has been signed by either of the following:

AB510, s. 62 Section 62. 66.0217 (3) (b) (intro.) of the statutes is amended to read:

AB510,28,25 66.0217 (3) (b) Annexation by referendum. (intro.) A Except as provided in s. 229.864 (4), a petition for a referendum on the question of annexation may be filed with the city or village clerk signed by a number of qualified electors residing in the territory equal to at least 20% of the votes cast for governor in the territory at the last gubernatorial election, and the owners of at least 50% of the real property either in area or assessed value. The petition shall conform to the requirements of s. 8.40.

AB510, s. 63 Section 63. 66.0219 (intro.) of the statutes is amended to read:

AB510,29,6 66.0219 Annexation by referendum initiated by city or village. (intro.) As a complete alternative to any other annexation procedure, and subject to s. 66.0307 (7) and s. 229.864 (4), unincorporated territory which contains electors and is contiguous to a city or village may be annexed to the city or village under this section. The definitions in s. 66.0217 (1) apply to this section.

AB510, s. 64 Section 64. 66.0221 (1) of the statutes is amended to read:

AB510,30,3 66.0221 (1) Upon its own motion and except as provided in s. 229.864 (4), a city or village, by a two-thirds vote of the entire membership of its governing body, may enact an ordinance annexing territory which comprises a portion of a town or towns and which was completely surrounded by territory of the city or village on December 2, 1973. The ordinance shall include all surrounded town areas except those that are exempt by mutual agreement of all of the governing bodies involved. The annexation ordinance shall contain a legal description of the territory and the name of the town or towns from which the territory is detached. Upon enactment of the ordinance, the city or village clerk immediately shall file 6 certified copies of the ordinance in the office of the secretary of state, together with 6 copies of a scale map. The secretary of state shall forward 2 copies of the ordinance and scale map to the department of transportation, one copy to the department of natural resources, one copy to the department of revenue and one copy to the department of administration. This subsection does not apply if the town island was created only by the annexation of a railroad right-of-way or drainage ditch. This subsection does not apply to land owned by a town government which has existing town government buildings located on the land. No town island may be annexed under this subsection if the island consists of over 65 acres or contains over 100 residents. Section 66.0217 (11) applies to annexations under this subsection. Except as provided in sub. (2), after December 2, 1973, no city or village may, by annexation, create a town area which is completely surrounded by the city or village.

AB510, s. 65 Section 65. 66.0223 of the statutes is amended to read:

AB510,30,22 66.0223 Annexation of territory owned by a city or village. In addition to other methods provided by law and subject to ss. 59.692 (7) and, 66.0307 (7), and 229.864 (4), territory owned by and lying near but not necessarily contiguous to a village or city may be annexed to a village or city by ordinance enacted by the board of trustees of the village or the common council of the city, provided that in the case of noncontiguous territory the use of the territory by the city or village is not contrary to any town or county zoning regulation. The ordinance shall contain the exact description of the territory annexed and the names of the towns from which detached, and attaches the territory to the village or city upon the filing of 7 certified copies of the ordinance in the office of the secretary of state, together with 7 copies of a plat showing the boundaries of the territory attached. Two copies of the ordinance and plat shall be forwarded by the secretary of state to the department of transportation, one copy to the department of administration, one copy to the department of natural resources, one copy to the department of revenue and one copy to the department of public instruction. Within 10 days of filing the certified copies, a copy of the ordinance and plat shall be mailed or delivered to the clerk of the county in which the annexed territory is located. Section 66.0217 (11) applies to annexations under this section.

AB510, s. 66 Section 66. 66.0301 (1) (a) of the statutes is amended to read:

AB510,31,11 66.0301 (1) (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, a local cultural arts district created under subch. V of ch. 229, metropolitan service district created under subch. VI 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, regional planning commission, or city-county health department.

AB510, s. 67 Section 67. 66.0309 (8) (c) of the statutes is created to read:

AB510,31,16 66.0309 (8) (c) 1. Subject to subd. 2., not later than the first day of the 7th month after the effective date of this subdivision .... [revisor inserts date], each regional planning commission shall designate the boundaries of all urbanized areas in the region, based on at least all of the following factors:

AB510,31,17 a. Population density.

AB510,31,18 b. Compactness.

AB510,31,19 c. Community of interests.

AB510,31,20 d. Cost effectiveness of service delivery.

AB510,31,24 2. Following an initial designation of urbanized areas under this paragraph, a regional planning commission shall redesignate urbanized areas of the region every 10 years, based on the factors listed in subd. 1., unless an earlier redesignation is requested under s. 229.863 (4) (n).

AB510,32,2 3. The boundaries of an urbanized area may consist of any combination of the whole of any city, the whole of any village, or the whole or part of any town.

AB510, s. 68 Section 68. 66.0615 (1) (bs) of the statutes is created to read:

AB510,32,5 66.0615 (1) (bs) "Metropolitan service district" has the meaning given for "district" in s. 229.86 (3).

AB510, s. 69 Section 69. 66.0615 (1m) (a) of the statutes is amended to read:

AB510,32,22 66.0615 (1m) (a) The governing body of a municipality may enact an ordinance, and a district, under par. (e), and a metropolitan service district, under par. (em), may adopt a resolution, imposing a tax on the privilege of furnishing, at retail, except sales for resale, rooms or lodging to transients by hotelkeepers, motel operators and other persons furnishing accommodations that are available to the public, irrespective of whether membership is required for use of the accommodations. A tax imposed under this paragraph is not subject to the selective sales tax imposed by s. 77.52 (2) (a) 1. and may not be imposed on sales to the federal government and persons listed under s. 77.54 (9a). A tax imposed under this paragraph by a municipality shall be paid to the municipality and may be forwarded to a commission if one is created under par. (c), as provided in par. (d). A tax imposed under this paragraph by a metropolitan service district shall be paid to the district. Except as provided in par. (am), a tax imposed under this paragraph by a municipality or by a metropolitan service district may not exceed 8%. Except as provided in par. (am), if a tax greater than 8% under this paragraph is in effect on May 13, 1994, the municipality imposing the tax shall reduce the tax to 8%, effective on June 1, 1994.

AB510, s. 70 Section 70. 66.0615 (1m) (em) of the statutes is created to read:

AB510,33,6 66.0615 (1m) (em) 1. The governing body of a metropolitan service district may adopt a resolution imposing a room tax under par. (a) if none of the municipalities within the metropolitan service district's jurisdiction under s. 229.862, that are also part of the district, impose such a tax and if all such municipalities enact an ordinance authorizing the metropolitan service district to impose the tax under par. (a). A tax imposed under par. (a) applies within every municipality that is both located within the metropolitan service district's jurisdiction and that is part of the metropolitan service district.

AB510,33,9 2. If a metropolitan service district stops imposing and collecting a room tax, the municipalities within the district's jurisdiction that are also a part of the district may impose a room tax under par. (a).

AB510, s. 71 Section 71. 66.0615 (2) (intro.) of the statutes is amended to read:

AB510,33,15 66.0615 (2) (intro.) As a means of enforcing the collection of any room tax imposed by a municipality or, a district , or a metropolitan service district under sub. (1m), the municipality or, district, or metropolitan service district may exchange audit and other information with the department of revenue and may do any of the following:

AB510, s. 72 Section 72. 66.0615 (2) (a) of the statutes is amended to read:

AB510,33,22 66.0615 (2) (a) If a municipality or, district, or metropolitan service district has probable cause to believe that the correct amount of room tax has not been assessed or that the tax return is not correct, inspect and audit the financial records of any person subject to sub. (1m) pertaining to the furnishing of accommodations to determine whether the correct amount of room tax is assessed and whether any room tax return is correct.

AB510, s. 73 Section 73. 66.0615 (2) (d) of the statutes is amended to read: