AB770: Bill Text

AB770, s. 75 Section 75. 219.09 (1) (g) of the statutes is created to read:

AB770,63,21 219.09 (1) (g) The Wisconsin Aerospace Authority.

AB770, s. 76 Section 76. 230.03 (3) of the statutes is amended to read:

AB770,64,6 230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or chs. 231, 232, 233, 234, 235, or 237. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

AB770, s. 77 Section 77. 281.75 (4) (b) 3. of the statutes is amended to read:

AB770,64,9 281.75 (4) (b) 3. An authority created under subch. II of ch. 114 or ch. 231, 233, 234, or 237.

AB770, s. 78 Section 78. 285.59 (1) (b) of the statutes is amended to read:

AB770,64,18 285.59 (1) (b) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, and the Wisconsin Health and Educational Facilities Authority.

AB770, s. 79 Section 79. 560.032 (1) of the statutes is amended to read:

AB770,65,2 560.032 (1) Allocation. The department, by rule, shall establish under 26 USC 146 and administer a system for the allocation of the volume cap on the issuance of private activity bonds, as defined under 26 USC 141 (a), among all municipalities, as defined in s. 67.01 (5), and any corporation formed on behalf of those municipalities, and among this state, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, and the Wisconsin Housing and Economic Development Authority.

AB770, s. 80 Section 80. 893.80 (1) of the statutes is amended to read:

AB770,65,10 893.80 (1) Except as provided in subs. (1g), (1m), (1p) and (8), no action may be brought or maintained against any volunteer fire company organized under ch. 213, the Wisconsin Aerospace Authority, or any political corporation, governmental subdivision or agency thereof nor against any officer, official, agent or employee of the corporation, subdivision or, agency , or Wisconsin Aerospace Authority for acts done in their official capacity or in the course of their agency or employment upon a claim or cause of action unless:

AB770,65,21 (a) Within 120 days after the happening of the event giving rise to the claim, written notice of the circumstances of the claim signed by the party, agent or attorney is served on the volunteer fire company, Wisconsin Aerospace Authority, political corporation, governmental subdivision or agency and on the officer, official, agent or employee under s. 801.11. Failure to give the requisite notice shall not bar action on the claim if the fire company, Wisconsin Aerospace Authority, corporation, subdivision or agency had actual notice of the claim and the claimant shows to the satisfaction of the court that the delay or failure to give the requisite notice has not been prejudicial to the defendant fire company, Wisconsin Aerospace Authority, corporation, subdivision or agency or to the defendant officer, official, agent or employee; and

AB770,65,25 (b) A claim containing the address of the claimant and an itemized statement of the relief sought is presented to the appropriate clerk or person who performs the duties of a clerk or secretary for the defendant fire company, Wisconsin Aerospace Authority, corporation, subdivision or agency and the claim is disallowed.

AB770, s. 81 Section 81. 893.80 (1g) of the statutes is amended to read:

AB770,66,11 893.80 (1g) Notice of disallowance of the claim submitted under sub. (1) shall be served on the claimant by registered or certified mail and the receipt therefor, signed by the claimant, or the returned registered letter, shall be proof of service. Failure of the appropriate body to disallow a claim within 120 days after presentation of the written notice of the claim is a disallowance. No action on a claim under this section against any defendant fire company, the Wisconsin Aerospace Authority, or any corporation, subdivision or agency nor against any defendant officer, official, agent or employee, may be brought after 6 months from the date of service of the notice of disallowance, and the notice of disallowance shall contain a statement to that effect.

AB770, s. 82 Section 82. 893.80 (3) of the statutes is amended to read:

AB770,66,25 893.80 (3) Except as provided in this subsection, the amount recoverable by any person for any damages, injuries or death in any action founded on tort against any volunteer fire company organized under ch. 181 or 213, the Wisconsin Aerospace Authority, or any political corporation, governmental subdivision or agency thereof and against their officers, officials, agents or employees for acts done in their official capacity or in the course of their agency or employment, whether proceeded against jointly or severally, shall not exceed $50,000. The amount recoverable under this subsection shall not exceed $25,000 in any such action against a volunteer fire company organized under ch. 181 or 213 or its officers, officials, agents or employees. If a volunteer fire company organized under ch. 181 or 213 is part of a combined fire department, the $25,000 limit still applies to actions against the volunteer fire company or its officers, officials, agents or employees. No punitive damages may be allowed or recoverable in any such action under this subsection.

AB770, s. 83 Section 83. 893.80 (4) of the statutes is amended to read:

AB770,67,9 893.80 (4) No suit may be brought against any volunteer fire company organized under ch. 213, the Wisconsin Aerospace Authority, or any political corporation, governmental subdivision or any agency thereof for the intentional torts of its officers, officials, agents or employees nor may any suit be brought against such corporation, subdivision or agency or volunteer fire company or the Wisconsin Aerospace Authority or against its officers, officials, agents or employees for acts done in the exercise of legislative, quasi-legislative, judicial or quasi-judicial functions.

AB770, s. 84 Section 84. 893.80 (5) of the statutes is amended to read:

AB770,67,20 893.80 (5) Except as provided in this subsection, the provisions and limitations of this section shall be exclusive and shall apply to all claims against a volunteer fire company organized under ch. 213, the Wisconsin Aerospace Authority, or any political corporation, governmental subdivision or agency or against any officer, official, agent or employee thereof for acts done in an official capacity or the course of his or her agency or employment. When rights or remedies are provided by any other statute against any political corporation, governmental subdivision or agency or the Wisconsin Aerospace Authority or any officer, official, agent or employee thereof for injury, damage or death, such statute shall apply and the limitations in sub. (3) shall be inapplicable.

AB770, s. 85 Section 85. 893.80 (7) of the statutes is amended to read:

AB770,68,2 893.80 (7) No suit may be brought against any city, town or village or any governmental subdivision or agency thereof or the Wisconsin Aerospace Authority or against any officer, official, agent or employee of any of those entities who, in good faith, acts or fails to act to provide a notice to a property owner that a public nuisance under s. 823.113 (1) or (1m) (b) exists.

AB770, s. 86 Section 86. Nonstatutory provisions.

AB770,68,4 (1) Definitions. In this Section:

AB770,68,6 (a) "Authority" has the meaning given in section 114.60 (3) of the statutes, as created by this act.

AB770,68,8 (b) "Board" has the meaning given in section 114.60 (4) of the statutes, as created by this act.

AB770,68,12 (2) Terms of initial members of board. Notwithstanding the length of terms specified for the members of the board of the authority under section 114.61 (1) of the statutes, as created by this act, the initial members of the board shall be appointed for the following terms:

AB770,68,15 (a) Two members appointed under section 114.61 (1) (a) of the statutes, as created by this act, and one member appointed under section 114.61 (1) (b) of the statutes, as created by this act, for terms expiring on June 30, 2007.

AB770,68,18 (b) Two members appointed under section 114.61 (1) (a) of the statutes, as created by this act, and one member appointed under section 114.61 (1) (b) of the statutes, as created by this act, for terms expiring on June 30, 2008.

AB770,68,20 (c) Two members appointed under section 114.61 (1) (a) of the statutes, as created by this act, for terms expiring on June 30, 2009.

AB770,68,25 (3) Time for initial appointment of board members. Nominations of board members under subsection (2) and section 114.61 (1) (a) of the statutes, as created by this act, and appointments of board members under subsection (2) and section 114.61 (1) (b) of the statutes, as created by this act, shall be made no later than 60 days after the effective date of this subsection.

AB770,69,3 (4) Initial meeting of board. The board shall hold its initial meeting no later than 30 days after all members are appointed, or no later than 120 days after a majority of members are appointed, whichever is earlier.

AB770,69,4 (End)