AB1089: Bill Text

AB1089,18,8 114.135 (2) Notice; claim for damages. In case of any airport landing field or landing and take-off strip owned by any city, village, town or, county, or district or any union of them, the commission or other body in charge of the operation and control of the airport, landing field or landing and take-off strip may prepare and record without charge with the register of deeds plans and specifications showing the protection privileges sought as described in sub. (1). The commission or other body in charge shall send by registered mail with return receipt to each owner at his or her last-known address a notice stating that the plans and specifications have been recorded with the register of deeds' office, stating the county, time of recording, the record number, and a brief description of the parcel of land or interest therein affected. If the address of the owner cannot be ascertained or the registered letter is returned unclaimed, notice shall be sent by registered mail to the person in possession of the premises. If no person is in possession, then the notice shall be posted in a conspicuous place on the land involved and published as a class 3 notice, under ch. 985, in the area affected. The right of the owner to claim for damages for the protection regulations imposed in the plans and specifications, or the removal of obstructions shall be forever barred, unless the owner files a claim for damages with the commission or other body in charge within 6 months from the receipt of the notice from the commission, or other body in charge, or the posting and last publication. The claim shall be verified and shall state the amount of damages claimed. The commission or other body in charge may pay the damages, if it has available funds, and the payment shall operate as a conveyance. If no claims for payment are filed or if payment is made, the commission or other body in charge shall file an affidavit for each parcel involved setting forth the rights acquired which shall be recorded by the register of deeds without charge and when so recorded has the same effect as any recorded instrument. If any owner is a minor or incompetent, the notice may be sent by registered mail to the owner's guardian, if he or she has one, and if there is none the circuit court of the county in which the land, or a larger part, is located shall upon application of the commission or other body in charge appoint a guardian to receive the notice, and to protect the rights of the owner. Any funds payable to the owner shall be cared for in the manner provided in ch. 880. If the commission or other body in charge determines that the damages claimed are excessive, it shall so report to the governing body that established the airport, landing field or landing and take-off strip in question and with its consent may acquire in the name of the governmental body the protection privilege desired in the manner set forth in sub. (1) or it may deposit with the county clerk an award and notify the owner of the land involved in the method specified in this subsection. The landowner may accept the award without prejudice to his or her right to claim and contest for a greater sum. The landowner may, within a period of 6 months after notice of the award, proceed as provided in ch. 32 to have the damages appraised.

AB1089, s. 41 Section 41. 114.135 (4) of the statutes is amended to read:

AB1089,18,23 114.135 (4) Encroachments. The duty to prevent encroachments by growth of trees or other vegetation, or otherwise, upon the protection privileges acquired by any airport, landing field, landing and take-off strip, shall be upon the owner or owners of the parcel of land affected by the protection privilege only in cases where the owner or owners have received compensation for the protection privilege. Any such encroachment is declared to be a private nuisance and may be abated in the manner prescribed in ch. 823. In cases where no compensation has been paid for the protection privilege, encroachments shall be removed by the owner or the authority in charge of the airport, landing field, or landing and take-off strip and shall be, in case of a publicly owned airport, landing field or landing and take-off strip, a city, village, town or, county, or district charge as the case may be. In removing such encroachments, the owner or authority in charge of the airport, landing field or landing and take-off strip in question, may go upon the land and remove the encroachment without being liable for damages in so doing.

AB1089, s. 42 Section 42. 114.135 (9) of the statutes is amended to read:

AB1089,19,8 114.135 (9) Conflicting authority. Wherein conflicting jurisdiction arises over the control of the erection of a building, structure, tower or hazard between the secretary of transportation and any political subdivision of, or district in, the state, the secretary of transportation may overrule rules and regulations adopted by any political subdivision or district under the laws of this state after a public hearing wherein all parties thereto have been given an opportunity to be heard. The secretary may refer such matters to the division of hearings and appeals which shall hear and decide the matter after notice and hearing.

AB1089, s. 43 Section 43. 114.136 (1) (a) of the statutes is amended to read:

AB1089,20,3 114.136 (1) (a) Any county, city, village or town city, village, town, county, or district that is the owner of a site for an airport which has been approved for such purpose by the appropriate agencies of the state and the federal government may protect the aerial approaches to such site by ordinance regulating, restricting and determining the use, location, height, number of stories and size of buildings and structures and objects of natural growth in the vicinity of such site and may divide the territory to be protected into several areas and impose different regulations and restrictions with respect to each area. The provisions of such ordinance shall be effective whether the site and the lands affected by such ordinance are located within or without the limits of such county, city, village or town city, village, town, county, or district, and whether or not such buildings, structures and objects of natural growth are in existence on the effective date of the ordinance. Such regulations, restrictions and determinations are declared to be for the purpose of promoting the public safety, welfare and convenience, and may be adopted, enforced and administered without the consent of any other governing body. Any ordinance adopted under this section may be amended from time to time in the same manner as is provided for the adoption of the original ordinance in sub. (2). The authority granted in this section shall be independent and exclusive of any other authority granted in the statutes.

AB1089, s. 44 Section 44. 114.136 (2) (a) of the statutes is amended to read:

AB1089,20,14 114.136 (2) (a) Except as provided by sub. (1) (b) or (c), the county park commission in the case of any county except any county with a county executive or county administrator in which case the county park manager, the city or village plan commission in the case of a city or village, or if there is no such commission or manager, a committee of the governing body or bodies of the county, city, village or town city, village, town, county, or district which owns the airport site shall formulate a tentative ordinance and hold a public hearing or hearings thereon in some public place within the county, city, village or town city, village, town, county, or district. Notice of the hearings shall be given by publication of a class 3 notice, under ch. 985, in the area affected by the proposed ordinance.

AB1089, s. 45 Section 45. 114.136 (4) (a) of the statutes is amended to read:

AB1089,20,21 114.136 (4) (a) Any ordinance enacted under this section shall provide for a board of appeals. If the county, city, village or town city, village, town, county, or district which is the owner of the airport has enacted a zoning ordinance under provision of law other than this section, the board of adjustment or board of appeals set up by that ordinance shall also function as the board of appeals under the ordinance enacted under this section.

AB1089, s. 46 Section 46. 114.136 (5) of the statutes is amended to read:

AB1089,21,3 114.136 (5) Enforcement. The governing body of the county, city, village or town city, village, town, county, or district owning the airport site may provide for the enforcement of any ordinance or regulations enacted pursuant to this section. Such enforcement may be by a system of permits or any other appropriate method. The governing body enacting the ordinance may provide for the punishment of a violation of the ordinance by fine or imprisonment, or both.

AB1089, s. 47 Section 47. 114.14 (1) of the statutes is amended to read:

AB1089,21,17 114.14 (1) The governing body of a city, village, town or, county, or district which has established an airport or landing field, or landing and take-off strip, and acquired, leased or set apart real property for such purpose may construct, improve, equip, maintain and operate the same, or may vest jurisdiction for the construction, improvement, equipment, maintenance and operation thereof in any suitable officer, board or body of such city, village, town or, county, or district. The expenses of such construction, improvement, equipment, maintenance and operation shall be a city, village, town or, county, or district charge as the case may be. The governing body of a city, village, town or, county, or district may adopt regulations, and establish fees or charges for the use of such airport or landing field, or may authorize an officer, board or body of such village, city, village, town or, county, or district having jurisdiction to adopt such regulations and establish such fees or charges, subject however to the approval of such governing body before they shall take effect.

AB1089, s. 48 Section 48. 114.14 (2) (f) of the statutes is amended to read:

AB1089,22,2 114.14 (2) (f) All moneys appropriated for the construction, improvement, equipment, maintenance or operation of an airport, managed as provided by this subsection, or earned by the airport or made available for its construction, improvement, equipment, maintenance or operation in any manner whatsoever, shall be deposited with the treasurer of the city, village, town or, county, or district where it shall be kept in a special fund and paid out only on order of the airport commission, drawn and signed by the secretary and countersigned by the chairperson.

AB1089, s. 49 Section 49. 114.151 of the statutes is amended to read:

AB1089,22,13 114.151 Union airports. All powers conferred upon any county, city, village or town city, village, town, county, or district by ss. 114.11 to 114.15, relating to the acquisition, establishment, construction, ownership, control, lease, equipment, improvement, maintenance, operation and regulation of airports or landing fields may be exercised by any 2 or more municipalities or districts in the establishment, acquisition, equipment and operation of joint airports or landing fields. The governing body of any county, city, village or town city, village, town, county, or district participating in the ownership or operation of a joint airport as provided in this section may by resolution withdraw from such joint operation or control and may relinquish its interest in the airport.

AB1089, s. 50 Section 50. 114.32 of the statutes is amended to read:

AB1089,23,17 114.32 Federal aid for airports. (1) Secretary may accept. The secretary may cooperate with the government of the United States, and any agency or department thereof in the acquisition, construction, improvement, maintenance and operation of airports and other air navigation facilities in this state, and comply with the laws of the United States and any regulations made thereunder for the expenditure of federal moneys upon such airports and other air navigation facilities, and may enter into any contracts necessary to accomplish such purpose. The secretary may accept, receive and receipt for federal moneys and other moneys, either public or private, for and in behalf of this state or any municipality or district thereof, for training and education programs, for the acquisition, construction, improvement, maintenance and operation of airports and other aeronautical facilities, whether such work is to be done by the state or by such municipalities or districts, or jointly, aided by grants of aid from the United States, upon such terms and conditions as are or may be prescribed by laws of the United States and any rules or regulations made thereunder, and the secretary may act as agent of any municipality of, or district in, this state or the owner of any public-use airport upon the request of such municipality or district, or the owner of the public-use airport, in accepting, receiving and receipting for such moneys in its behalf for airports, and in contracting for the acquisition, improvement, maintenance or operation of airports financed either in whole or in part by federal moneys, and the governing body of any such municipality or district, or the owner of the public-use airport, may designate the secretary as its agent for such purposes and enter into an agreement with the secretary prescribing the terms and conditions of such agency in accordance with federal laws, rules and regulations and with this chapter. Such moneys as are paid over by the U.S. government shall be retained by the state or paid over to said municipalities or districts or to the owners of the public-use airports under such terms and conditions as may be imposed by the U.S. government in making such grants.

AB1089,24,4 (3) Contracts. All contracts for the acquisition, construction, improvement, maintenance and operation of airports and other aeronautical facilities, made by the secretary of transportation either as the agent of this state or as the agent of any municipality or district or as the agent of the owner of a public-use airport, shall be made pursuant to the laws of this state governing the making of like contracts; provided, however, that where the acquisition, construction, improvement, maintenance and operation of any airport or landing strip and other aeronautical facilities is financed or partially financed with federal moneys, the secretary of transportation, as agent of the state or of any municipality or district thereof or of the owner of a public-use airport, may let contracts in the manner prescribed by the federal authorities, acting under the laws of the United States, and any rules or regulations made thereunder, notwithstanding any other state law to the contrary.

AB1089,24,16 (4) Disposition of federal funds. All moneys accepted for disbursement by the secretary of transportation pursuant to this section shall be deposited in the state treasury, and, unless otherwise prescribed by the authority from which the money is received, kept in separate funds, designated according to the purpose for which the moneys were made available, and held by the state in trust for such purposes. All such moneys are appropriated for the purposes for which the same were made available to be expended in accordance with federal laws and regulations and with this chapter. The secretary of transportation, whether acting for this state or as the agent of any of its municipalities or districts or as the agent of the owner of a public-use airport, or when requested by the U.S. government or any agency or department thereof, may disburse such moneys for the designated purposes, but this shall not preclude any other authorized method of disbursement.

AB1089,25,4 (5) Local projects and funds; secretary's functions. No county, city, village or town city, village, town, county, or district, whether acting singly or jointly with a county, city, village or town city, village, town, county, or district, shall submit to a federal aeronautical agency or department any project application requesting federal assistance, for any airport improvement, aeronautical facility or planning study, unless the project and the project application have been first approved by the secretary. No such county, city, village or town city, village, town, county, or district shall directly accept, receive, receipt for or disburse any funds granted by the United States for the project, but it shall designate the secretary as its agent and in its behalf to accept, receive, receipt for and disburse such funds. It shall enter into an agreement with the secretary prescribing the terms and conditions of the secretary's functions under such agency in accordance with federal laws, rules and regulations and applicable laws of this state.

AB1089, s. 51 Section 51. 114.33 (1) of the statutes is amended to read:

AB1089,25,17 114.33 (1) Any county, city, village or town city, village, town, county, or district, either singly or jointly with one or more counties, cities, villages or towns cities, villages, towns, counties, or districts, or any owner of a public-use airport desiring to sponsor an airport development project to be constructed with federal aid and state aid or with the state aid alone as provided by this chapter, may initiate such project in the manner provided by this section. The department may initiate and sponsor an airport project in the same manner as a local governing body. If the department initiates and sponsors an airport project, it shall hold a hearing in the area affected by the project. Notice of the hearing shall be given as provided in sub. (2). The department may install, operate and maintain air navigation facilities with or without federal aid and may enter into agreements with sponsors to share the maintenance and operation costs of such facilities.

AB1089, s. 52 Section 52. 114.33 (2) of the statutes is amended to read:

AB1089,26,7 114.33 (2) Such initiation shall be by a petition filed with the secretary by the governing body or bodies of the counties, cities, villages or towns cities, villages, towns, counties, or districts or by the governing body of a public-use airport not owned by a county, city, village or town city, village, town, county, or district desiring to sponsor the project, or if the project is initiated and sponsored by the department by a statement by the secretary setting forth among other things that the airport project is necessary and the reason therefor; the class of the airport that it is desired to develop, the location of the project in general, and the proposed site tentatively selected; the character, extent and kind of improvement desired under the project, evidence, in the form of a transcript, that the project has received a public hearing in the area affected before adoption by the petitioners, and any other statements that the petitioners or the department may desire to make. At least 10 days' notice of the public hearing shall be given by publication of a class 1 notice, under ch. 985, in the area affected.

AB1089, s. 53 Section 53. 114.33 (3) of the statutes is amended to read:

AB1089,27,2 114.33 (3) If the project has been sponsored by a local governing body or bodies or by the governing body of a public-use airport not owned by a county, city, village or town city, village, town, county, or district, the secretary shall make a finding within a reasonable time after receipt of the petition. If such finding is generally favorable to the development petitioned for, the secretary shall submit the finding to the governor for approval and no finding favoring an airport development project shall be effective unless the governor's approval is endorsed thereon in writing. If the finding is approved by the governor the secretary shall notify the petitioners to that effect by filing a copy of the finding, which shall include among other things the location of the approved site, the character and extent of the improvements deemed necessary, and an approximate estimate of the costs and the amount to be paid by the sponsor. The finding shall constitute approval of the airport site so specified as a portion of the state airport system. On receipt of the finding the sponsors shall take action at their next meeting toward providing their share of the cost and shall promptly notify the secretary. The sponsors may proceed in accordance with the finding to acquire the site and to make master development plans and project plans, and shall be entitled to receive credit therefor as provided by federal law and by this chapter. On completion and approval of the plans a revised estimate of the project costs shall be made for the purposes of the project application.

AB1089, s. 54 Section 54. 114.33 (8) of the statutes is amended to read:

AB1089,27,16 114.33 (8) (a) The secretary, upon the petition of a sponsoring municipality or district, may provide that all or certain parts of the required land or interests in land may be acquired by the municipality or district named by the secretary. When so provided, the municipality or district and the secretary shall appraise and set the maximum price, including damages, considered reasonable for the lands or interests to be so acquired. The municipality or district shall endeavor to obtain easements or title in fee simple by conveyance of the lands or interests required, as directed in the secretary's order. The instrument of conveyance shall name the municipality or municipalities district as grantee and shall be subject to approval by the secretary, and shall be recorded in the office of the register of deeds and filed with the secretary. If the needed lands or interests in lands cannot be purchased expeditiously within the appraised price, the municipality or district may acquire them by condemnation, as provided in s. 32.05.

AB1089,27,20 (b) Any property of whatever nature acquired in the name of a city, village or, town, or district pursuant to this section or any predecessor shall be conveyed to the state without charge by the city, village or, town, or district when so ordered by the secretary.

AB1089,28,2 (c) The municipality or district when so ordered by the secretary shall sell at public or private sale, subject to the conditions and terms authorized by the secretary, any and all buildings, structures, or parts thereof, and any other fixtures or personalty acquired in the name of the municipality or district under this section or any predecessor. The proceeds from the sale shall be deposited with the state in the appropriate airport fund and the expense incurred in connection with the sale shall be paid from that fund.

AB1089, s. 55 Section 55. 114.33 (9) of the statutes is amended to read:

AB1089,28,7 114.33 (9) The cost of the lands and interests acquired and damages allowed pursuant to this section, incidental expenses and the customary per diem and expenses of the municipality or district incurred in performing duties pursuant to this section, shall be paid out of the available airport improvement funds.

AB1089, s. 56 Section 56. 114.33 (11) of the statutes is amended to read:

AB1089,28,15 114.33 (11) Subject to the approval of the governor, the secretary may convey lands or interests in lands acquired under this section and improvements installed on those lands to municipalities or districts named in the secretary's order. The conveyance of the lands or interests in lands and improvements shall restrict the use of the premises by the municipality or district to the uses for which they were acquired, except that the lands or interests in lands declared by the secretary to be excess may be conveyed without restrictions as to use.

AB1089, s. 57 Section 57. 114.33 (13) of the statutes is amended to read:

AB1089,28,19 114.33 (13) Subsections (6) to (12) do not apply to lands or interests in lands associated with projects for public-use airports which are not owned by a county, city, village or town city, village, town, county, or district.

AB1089, s. 58 Section 58. 219.09 (1) (g) of the statutes is created to read:

AB1089,28,21 219.09 (1) (g) Bonds issued by a local airport district under subch. VI of ch. 229.

AB1089, s. 59 Section 59. Subchapter VI of chapter 229 [precedes 229.860] of the statutes is created to read:

AB1089,28,24 CHAPTER 229

AB1089,29,2 subchapter vi local airport districts

AB1089,29,3 229.860 Definitions. In this subchapter:

AB1089,29,7 (1) "Airport" means any area of land or water which is used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.

AB1089,29,10 (2) "Airport facilities" means all district property, tangible or intangible, owned in whole or in part, operated, or leased by a district that is principally related to facilities used, available for use, or designed for use, for or by any of the following:

AB1089,29,11 (a) The navigation, landing, or take-off of aircraft.

AB1089,29,12 (b) The safety, security, storage, maintenance, servicing, or repair of aircraft.

AB1089,29,14 (c) The security, comfort, and convenience of airport personnel and the users of air transportation.

AB1089,29,15 (d) Mail service.

AB1089,29,16 (e) Military and national guard units.

AB1089,29,18 (f) The safe and efficient operation and maintenance of an airport, and all appurtenant areas used for airport facilities, and all appurtenant rights-of-way.

AB1089,29,20 (3) "Bond" means any bond, note, or other obligation issued under s. 66.0621 by a district.

AB1089,29,24 (4) "Chief elected official" means the mayor of a city or, if the city is organized under subch. I of ch. 64, the president of the council of that city, the village president of a village, or the county executive of a county or, if the county does not have a county executive, the chairperson of the county board of supervisors.

AB1089,29,25 (5) "District" means a special purpose district created under this subchapter.

AB1089,30,1 (6) "District board" means the governing board of a district.

AB1089,30,3 (7) "Enabling resolution" means a resolution adopted by the governing body of a local governmental unit to create a district.

AB1089,30,4 (8) "FAA" means the federal aviation administration.

AB1089,30,6 (9) "FAA approval date" means the earliest date on which all of the following are in effect:

AB1089,30,8 (a) The issuance, by the FAA to the district assuming jurisdiction of an airport, of a certificate under 14 CFR 139 with respect to such airport.

AB1089,30,11 (b) The concurrence by the FAA of the designation of the district as a sponsor of such airport, including the FAA's approval of the assignment of existing grant agreements to the district.

AB1089,30,12 (10) "Local governmental unit" means any city, village, or county.

AB1089,30,13 (11) "Political subdivision" means any city, village, town, or county.

AB1089,30,15 (12) "PFC" means a passenger facility charge authorized under 49 USC 40117 and designated as a passenger facility charge under 14 CFR 158.

AB1089,30,17 (13) "Sponsor" means the public agency authorized by 49 USC 47102 (24) to submit requests for financial assistance from the FAA.

AB1089,30,19 (14) "Surrounding community" means the city of Cudahy, Oak Creek, St. Francis, or South Milwaukee.

AB1089,30,23 (15) "Transfer agreement" means a contract between a district and a local governmental unit that provides the terms and conditions upon which airport facilities and the operation of the facilities are transferred by a local governmental unit to a district.

AB1089,31,5 229.861 Creation, organization, and administration. (1) (a) There is created, for each jurisdiction described under s. 229.862 (1), upon the appointment and qualification of the members of its district board constituting a quorum, a district that is a unit of local government, that is a body corporate and politic, that is separate and distinct from, and independent of, the state and the political subdivisions within its jurisdiction, that has the powers under s. 229.863 and the name of which includes "Airport District."

AB1089,31,10 (b) One or more local governmental units may create a district that is a unit of local government, that is a body corporate and politic, that is separate and distinct from, and independent of, the state and the political subdivisions within its jurisdiction, that has the powers under s. 229.863 and the name of which includes "Airport District", if all of the following occur:

AB1089,31,13 1. Each local governmental unit adopts an identical enabling resolution declaring the need for, and establishing, a district and identifying the district's jurisdiction, as described under s. 229.862 (2).

AB1089,31,15 2. The enabling resolution adopted by each local governmental unit is signed by that unit's chief elected official.

AB1089,31,16 3. The signed enabling resolution is filed with the secretary of transportation.

AB1089,31,17 4. The members of the district board are appointed and qualified.

AB1089,31,18 (2) A district is governed by its district board.

AB1089,31,20 (3) If the district is created under sub. (1) (a), the district board consists of the members specified and appointed as follows:

AB1089,31,24 (a) Four members of the district board shall be appointed by the governor to 4-year terms expiring on July 1, and 3 members of the district board shall be appointed by the chief elected official of the county in which the airport described under s. 229.862 (1) is located to 4-year terms expiring on July 1, except that:

AB1089,32,5 1. One of the governor's initial appointments and one of the chief elected official's initial appointments shall expire on July 1 of the 3rd year beginning after the year of creation of a district. The member appointed by the governor under this subdivision, and every successor to the member appointed by the governor under this subdivision, shall be a resident of a surrounding community.

AB1089,32,11 2. One of the governor's initial appointments and one of the chief elected official's initial appointments shall expire on July 1 of the 4th year beginning after the year of creation of a district. The member appointed by the chief elected official under this subdivision, and every successor to the member appointed by the chief elected official under this subdivision, shall be a resident of a surrounding community.

AB1089,32,14 3. One of the governor's initial appointments and one of the chief elected official's initial appointments shall expire on July 1 of the 5th year beginning after the year of creation of a district.

AB1089,32,16 4. One of the governor's initial appointments shall expire on July 1 of the 6th year beginning after the year of creation of a district.

AB1089,33,2 (b) 1. A member appointed by the governor may take his or her seat immediately upon appointment and qualification, subject to confirmation or rejection by the senate. Three of the members appointed by the governor shall reside within the jurisdiction of the regional planning commission created under s. 66.0309 in which the airport described under s. 229.862 (1) is located, and one member appointed by the governor may not reside within that area. If the airport is located in an area that is not within the jurisdiction of a regional planning commission, 3 of the members appointed by the governor shall reside in the county in which the airport is located, and one member appointed by the governor may not reside within that county.

AB1089,33,5 2. A member appointed by the chief elected official may take his or her seat immediately upon appointment and qualification, subject to confirmation or rejection by the county board.

AB1089,33,9 (c) No member appointed under par. (a) may hold a state or political subdivision elective office or be an employee of the senate or any political subdivision. A member appointed under par. (a) may be removed before the expiration of his or her term by the appointing authority but only for cause, as defined in s. 17.001.

AB1089,33,16 (d) Members of the district board may serve any number of terms, except that no member of the district board may serve more than 2 consecutive terms. Vacancies shall be filled by the appointing authority who appointed the person whose office is vacant. A person appointed to fill a vacancy shall serve for the remainder of the unexpired term to which he or she is appointed, unless removed at an earlier time, and such service shall be considered one term for purposes of determining consecutive terms of office.

AB1089,33,18 (e) The term of a member of a district board expires or terminates upon the earliest occurrence of one of the following:

AB1089,33,19 1. The term for which the member was appointed expires.

AB1089,33,21 2. A member becomes an elected public official or an employee of a governmental body.