"SECTION 1242p. 66.0216 of the statutes is created to read:
66.0216 Incorporation of certain towns contiguous to 2nd class cities. (1) CONDITIONS. (a) A town board may initiate the procedure for incorporating its town as a city or village under this section by adopting a resolution providing for a referendum by the electors of the town on the question of whether the town should become a city or village if on the date of the adoption of the resolution all of the following conditions are satisfied:
(b) The most recent federal decennial census shows that the resident population of the town exceeds 23,000.
(c) The town is contiguous to a 2nd class city with a resident population exceeding 75,000.
(d) The most recent per capita equalized valuation figures available from the department of revenue show that the per capita equalized valuation for the town is equal to or greater than the average per capita equalized valuation for all cities and villages in the state.
(e) The town board of the town is authorized to exercise village powers.
(f) The town contains at least 2,500 acres of land that has been zoned for industrial, commercial, communication, or public utility use.
(g) The town contains at least 400 acres of land actually used for industrial, commercial, communication, or public utility purposes.
(h) The common council of at least one 2nd class city that is contiguous to the town has adopted a resolution approving the incorporation of the town as a city or village.
(2) REFERENDUM RESOLUTION. The resolution of the town board required under sub. (1) shall do, or contain, all of the following:
(a) Certify that all of the conditions under sub. (1) are satisfied.
(b) Contain a description of the territory to be incorporated sufficiently accurate to determine its location and a statement that a scale map reasonably showing the boundaries of the territory is on file with the town clerk.
(c) If incorporation as a city is proposed, specify the number of members of the common council and the method of election, and specify the numbers and boundaries of the aldermanic districts.
(d) Determine the numbers and boundaries of each ward of the proposed city or village, conforming to the requirements of s. 5.15 (1) and (2).
(e) Determine the date of the referendum, which may not be earlier than 6 weeks after the adoption of the resolution.
(3) NOTICE OF REFERENDUM. The town clerk shall publish the resolution adopted under sub. (1) in a newspaper published in the town. If no newspaper is published in the town, the town clerk shall publish the resolution in a newspaper designated in the resolution. The town clerk shall publish the resolution once a week for 4 successive weeks, the first publication to be not more than 4 weeks before the referendum.
(4) VOTING PROCEDURE. The referendum shall be conducted in the same manner as elections for town board supervisors. The question appearing on the ballot shall be: "Shall the town of .... become a city?" or "Shall the town of .... become a village?" Below the question shall appear 2 squares. To the left of one square shall appear the words "For a city" or "For a village," and to the left of the other square shall appear the words "Against a city" or "Against a village." The inspectors shall make a return to the town clerk.
(5) CERTIFICATE OF INCORPORATION. If a majority of the votes are cast in favor of a city or village, the town clerk shall certify that fact to the secretary of state, together with 4 copies of a description of the legal boundaries of the town, and 4 copies of a plat of the town. The town clerk shall also send the secretary of state an incorporation fee of $1,000. Upon receipt of the town clerk's certification, the incorporation fee, and other required documents, the secretary of state shall issue a certificate of incorporation and record the certificate in a book kept for that purpose. The secretary of state shall provide 2 copies of the description and plat to the department of transportation and one copy to the department of revenue. The town clerk shall also transmit a copy of the certification and the resolution under sub. (1) to the county clerk.
(6) ACTION. No action to contest the validity of an incorporation under this section on any grounds, whether procedural or jurisdictional, may be commenced after 60 days from the date of issuance of the charter of incorporation by the secretary of state. In any such action, the burden of proof as to all issues is upon the person bringing the action to show that the incorporation is not valid. An action contesting an incorporation shall be given preference in the circuit court.
(7) CITY OR VILLAGE POWERS. A city or village incorporated under this section is a body corporate and politic, with the powers and privileges of a municipal corporation at common law and conferred by ch. 61 or 62.
(8) EXISTING ORDINANCES. (a) Ordinances in force in the territory or any part of the territory, to the extent not inconsistent with ch. 61 or 62, continue in force until altered or repealed.
(b) A county shoreland zoning ordinance enacted under s. 59.692 that is in force in any part of the territory continues in force until altered under s. 59.692 (7) (ad).
(9) INTERIM OFFICERS, FIRST CITY OR VILLAGE ELECTION. Section 66.0215 (8) and (9), as it applies to a town that is incorporated as a city under s. 66.0215, applies to a town that is incorporated as a city or village under this section.
(10) SUNSET. This section does not apply after June 30, 2007.
SECTION 1242s. 66.0231 of the statutes is amended to read:
66.0231 Notice of certain litigation affecting municipal status or boundaries. If a proceeding under ss. 61.187, 61.189, 61.74, 62.075, 66.0201 to 66.0213, 66.0215, 66.0216, 66.0217, 66.0221, 66.0223, 66.0227 or 66.0307 or other sections relating to an incorporation, annexation, consolidation, dissolution or detachment of territory of a city or village is contested by instigation of legal proceedings, the clerk of the city or village involved in the proceedings shall file with the secretary of state 4 copies of a notice of the commencement of the action. The clerk shall file with the secretary of state 4 copies of any judgments rendered or appeals taken in such cases. The notices or copies of judgments that are required under this section may also be filed by an officer or attorney of any party of interest. The secretary of state shall forward to the department of transportation 2 copies and to the department of revenue and the department of administration one copy each of any notice of action or judgment filed with the secretary of state under this section.".
(End)
LRBb0340LRBb0340/P3
CTS:wlj:pg
2005 - 2006 LEGISLATURE
LFB:......Hinz - Grant of $375,000 to Bishop's Creek redevelopment project from Minority Business Finance Program
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 299, line 6: after that line insert:
"SECTION 154m. 20.143 (1) (fm) of the statutes is amended to read:
20.143 (1) (fm) Minority business projects; grants and loans. Biennially, the amounts in the schedule for grants under ss. 560.038, 560.039, 560.82, and 560.837, grants and loans under s. 560.83, and the grant under 1993 Wisconsin Act 110, section 3, and the loans under 1997 Wisconsin Act 9, section 3 2005 Wisconsin Act .... (this act), section 9108 (38k).".
2.
Page 299, line 19: after that line insert:
"SECTION 155m. 20.143 (1) (im) of the statutes is amended to read:
20.143 (1) (im) Minority business projects; repayments. All moneys received in repayment of grants or loans under s. 560.83 and loans under 1997 Wisconsin Act 9, section 3, to be used for grants and loans under ss. 560.82, 560.83, and 560.837, the grant under 2001 Wisconsin Act 16, section 9110 (7g) 2005 Wisconsin Act .... (this act), section 9108 (8k), and the loans under 1997 Wisconsin Act 9, section 3.".
3.
Page 1070, line 20: after that line insert:
"(8k) GRANT TO BISHOP'S CREEK REDEVELOPMENT PROJECT. From the appropriations under section 20.143 (1) (fm) and (im) of the statutes, the department of commerce shall award a grant of $375,000 in fiscal year 2005-06 and shall award a grant of $375,000 in fiscal year 2006-07 to the Bishop's Creek redevelopment project in Milwaukee. If the department of commerce awards a grant under this subsection, the department shall enter into an agreement with the Bishop's Creek redevelopment project that specifies the uses for the grant proceeds and reporting and auditing requirements.".
(End)
LRBb0341LRBb0341/P1
JK:cjs:rs
2005 - 2006 LEGISLATURE
LFB:......Olin - Remove municipal levy restraint incentive and bonus program
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 371, line 2: delete lines 2 to 11.
2.
Page 844, line 24: delete that line.
3.
Page 845, line 1: delete lines 1 to 6.
4.
Page 845, line 11: delete lines 11 to 14.
5.
Page 845, line 19: delete lines 19 to 22.
6.
Page 846, line 2: delete "79.051,".
7.
Page 846, line 8: delete ", 79.051,".
8.
Page 846, line 13: delete the material beginning with that line and ending with page 850, line 16.
(End)
LRBb0342LRBb0342/2
JK:cjs:pg
2005 - 2006 LEGISLATURE
LFB:......Reinhardt - Withholding from nonresident members of pass-through entities; exemption for certain publicly traded partnerships
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 743, line 9: after that line insert:
"(cm) A pass-through entity that is a publicly traded partnership, as defined under section 7704 (b) of the Internal Revenue Code, that is treated as a partnership under the Internal Revenue Code is not subject to the withholding under sub. (2), if the entity files with the department an information return that reports the name, address, taxpayer identification number, and any other information requested by the department for each unit holder with an income in this state from the entity in excess of $500.".
(End)
LRBb0343LRBb0343/1
JK:lmk:ch
2005 - 2006 LEGISLATURE
LFB:......Olin - Remove county levy restraint incentive and bonus program
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 371, line 12: delete lines 12 to 17.
2.
Page 845, line 7: delete lines 7 to 10.
3.
Page 845, line 15: delete lines 15 to 18.
4.
Page 846, line 2: delete "79.052,".
5.
Page 846, line 8: delete ", 79.051, and 79.052" and substitute "and 79.051".
6.
Page 850, line 17: delete the material beginning with that line and ending with page 853, line 4.
(End)
LRBb0345LRBb0345/1
MES:wlj:jf
2005 - 2006 LEGISLATURE
LFB:......Reinhardt - Individual income tax deduction for college tuition; EdVest
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 630, line 16: delete "$5,100, or".
2.
Page 630, line 20: delete "whichever is greater,".
3.
Page 1118, line 15: delete lines 15 to 18 and substitute "1, 2005.".
(End)
LRBb0346LRBb0346/2
RAC:wlj:pg
2005 - 2006 LEGISLATURE
LFB:......Rhodes - Criteria for transfer of moneys from budget stabilization fund
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
1.
Page 54, line 1: before that line insert:
"SECTION 1m. 13.09 (2) of the statutes is created to read:
13.09 (2) If actual general fund revenues in any fiscal year are 98 percent or less of estimated general fund revenues under s. 20.005 (1), as published in the biennial budget act or acts, the joint committee of finance may introduce a bill requiring that moneys be transferred from the budget stabilization fund to the general fund to address the revenue shortfall in that fiscal year.".
2.
Page 54, line 1: delete "SECTION 1" and substitute "SECTION 1r".
3.
Page 71, line 15: after that line insert:
"SECTION 66m. 16.50 (7) (b) of the statutes is amended to read:
16.50 (7) (b) Following such notification, the governor shall submit a bill containing his or her recommendations for correcting the imbalance between projected revenues and authorized expenditures, including, if the imbalance is caused by actual general fund revenues being 98 percent or less of estimated general fund revenues under s. 20.005 (1), as published in the biennial budget act or acts, a recommendation as to whether moneys should be transferred from the budget stabilization fund to the general fund. If the legislature is not in a floorperiod at the time of the secretary's notification, the governor shall call a special session of the legislature to take up the matter of the projected revenue shortfall and the governor shall submit his or her bill for consideration at that session.".
4.
Page 394, line 12: after "16.848" insert ". Moneys in this fund are reserved for a transfer from the fund to the general fund to provide state revenue stability during periods of below-normal economic activity when actual general fund revenues are 98 percent or less of estimated general fund revenues under s. 20.005 (1), as published in the biennial budget act or acts.".
(End)
LRBb0347LRBb0347/2
JK:cjs:jf
2005 - 2006 LEGISLATURE
LFB:......Reinhardt - Internal Revenue Code update to include federal exclusion from gross income for members of the military for travel benefits donated by them
For 2005-07 Budget -- Not Ready For Introduction
ASSEMBLY AMENDMENT ,
TO 2005 ASSEMBLY BILL 100
At the locations indicated, amend the bill as follows:
