1999 Wisconsin Act 150

66.0301 (5) (intro.) No commission created by contract under this section is authorized sub. (2) may, directly or indirectly, to acquire, do any of the following:

(a) Acquire, construct or lease facilities used or useful in the business of a public utility engaged in production, transmission, delivery or furnishing of heat, light, power, natural gas or communications service, by any method except those set forth under this chapter or ch. 196, 197 or 198. (3p) The authority now or hereafter conferred by law on commissions created by contract under this section shall not include the right, power or authority to establish

(b) Establish, lay out, construct, improve, discontinue, relocate, widen or maintain any road or highway outside the corporate limits of a village or city or to acquire lands for such those purposes except upon approval of the department of transportation and the county board of the county and the town board of the town in which the road is to be located.

150,354 Section 354 . 66.30 (4) of the statutes is repealed.

Note: The substance of this repealed subsection is relocated to s. 66.0301 (2), as renumbered [current s. 66.30 (2)]. See Section 348 of this bill.

150,355 Section 355 . 66.30 (5) (intro.), (a) and (b) of the statutes are renumbered 66.0303 (2), (3) and (4) and amended to read:

66.0303 (2)  Any A municipality may contract with municipalities of another state for the receipt or furnishing of services or the joint exercise of any power or duty required or authorized by statute to the extent that laws of such the other state or of the United States permit such the joint exercise.

(3) Every An agreement made under this subsection section shall, prior to and as a condition precedent to taking effect, be submitted to the attorney general who shall determine whether the agreement is in proper form and compatible with the laws of this state. The attorney general shall approve any agreement submitted hereunder under this subsection unless the attorney general finds that it does not meet the conditions set forth herein in this section and details in writing addressed to the concerned municipal governing bodies the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder under this subsection within 90 days of its submission shall constitute constitutes approval thereof. The attorney general, upon submission of an agreement hereunder, shall transmit a copy of the agreement to the governor who shall consult with any state department or agency affected by the agreement. The governor shall forward to the attorney general any comments the governor may have concerning the agreement.

(4) An agreement entered into under this subsection shall have section has the status of an interstate compact, but in any case or controversy involving performance or interpretation thereof of or liability thereunder under the agreement, the municipalities party thereto shall be to the agreement are real parties in interest and the state may commence an action to recoup or otherwise make itself whole for any damages or liability which it may incur by reason of being joined as a party therein. Such. The action by the state may be maintained against any municipality whose act or omission caused or contributed to the incurring of damage or liability by the state.

150,356 Section 356. 66.30 (6) (a) of the statutes is repealed.

150,357 Section 357. 66.30 (6) (b) to (h) of the statutes are renumbered 120.25 (1) to (6), and 120.25 (1), (2) (intro.), (3), (5) and (6), as renumbered, are amended to read:

120.25 (1) Two or more school boards of school districts may by written contract executed by all participants to the contract, own, construct, lease or otherwise acquire school facilities including real estate located within or outside the boundaries of any participating school district.

(2) (intro.) School district boards entering into a contract under this subsection section may, without limitation because of enumeration:

(3) A contract entered into under this subsection section shall at all times be limited to a period of 50 years but may, by mutual written consent of all participants, be modified or extended beyond the initial term.

(5) At least 30 days prior to entering into a contract under this subsection section or a modification or extension of the contract, the school boards of the districts involved or their designated agent shall file the proposed agreement with the state superintendent of public instruction to enable the department to assist and advise the school boards involved in regard to the applicable recognized accounting procedure for the administration of the school aid programs. The state superintendent shall review the terms of the proposed contract to ensure that each participating school district's interests are protected.

(6) School district boards entering into a contract under this subsection section shall designate for each employe providing services under the contract either a school district entering into the contract or a cooperative educational service agency under ch. 116 as the employer for purposes of compliance with s. 111.70, teacher's retirement, worker's compensation and unemployment insurance.

150,358 Section 358 . 66.301 of the statutes is renumbered 66.1019 (1).

150,359 Section 359 . 66.302 of the statutes is renumbered 66.1019 (2).

150,360 Section 360. 66.303 of the statutes is renumbered 66.1019 (3), and 66.1019 (3) (a), as renumbered, is amended to read:

66.1019 (3) (a) Except as provided in sub. (2) par. (b), any ordinance enacted by a county, city, village or town relating to the construction or inspection of multifamily dwellings, as defined in s. 101.971 (2), shall conform to subch. VI of ch. 101 and s. 101.02 (7m).

150,361 Section 361. 66.304 of the statutes is renumbered 66.1017.

150,362 Section 362. 66.305 (title) of the statutes is renumbered 66.0313 (title).

150,363 Section 363 . 66.305 (1) and (2) of the statutes are renumbered 66.0313 (2) and (3) and amended to read:

66.0313 (2) Upon the request of any law enforcement agency, including county law enforcement agencies as provided in s. 59.28 (2), the law enforcement personnel of any other law enforcement agency may assist the requesting agency within the latter's jurisdiction, notwithstanding any other jurisdictional provision. For purposes of ss. 895.35 and 895.46, such law enforcement personnel, while acting in response to such request a request for assistance, shall be deemed employes of the requesting agency.

(3) The provisions of s. 66.315 shall 66.0513 apply to this section.

150,364 Section 364. 66.307 of the statutes is renumbered 66.1113, and 66.1113 (2) (c), as renumbered, is amended to read:

66.1113 (2) (c) If 2 or more contiguous political subdivisions that are premier resort areas each impose the tax under s. 77.994, they may enter into a contract under s. 66.30 66.0301 to cooperate in paying for infrastructure expenses, in addition to any other authority they have to act under s. 66.30 66.0301.

150,365 Section 365. 66.31 of the statutes is renumbered 66.1009.

150,366 Section 366. 66.312 of the statutes is renumbered 66.0511.

150,367 Section 367. 66.315 of the statutes is renumbered 66.0513 and amended to read:

66.0513 Police, pay when acting outside county or municipality. (1) Any chief of police, sheriff, deputy sheriff, county traffic officer or other peace officer of any city, county, village or town, who shall be is required by command of the governor, sheriff or other superior authority to maintain the peace, or who responds to the request of the authorities of another municipality, to perform police or peace duties outside territorial limits of the city, county, village or town where employed as such officer, shall be the officer is employed, is entitled to the same wage, salary, pension, worker's compensation, and all other service rights for such this service as for service rendered within the limits of the city, county, village or town where regularly employed.

(2) All wage and disability payments, pension and worker's compensation claims, damage to equipment and clothing, and medical expense arising under sub. (1), shall be paid by the city, county, village or town regularly employing such peace the officer. Upon making such the payment such the city, county, village or town shall be reimbursed by the state, county or other political subdivision whose officer or agent commanded the services out of which the payments arose.

150,368 Section 368. 66.32 of the statutes is renumbered 66.0105 and amended to read:

66.0105 Extraterritorial Jurisdiction of overlapping extraterritorial powers. The extraterritorial powers granted to cities and villages by statute, including ss. 30.745, 62.23 (2) and (7a), 66.052 66.0415, 236.10 and 254.57, may not be exercised within the corporate limits of another city or village. Wherever these statutory extraterritorial powers overlap, the jurisdiction over the overlapping area shall be divided on a line all points of which are equidistant from the boundaries of each municipality concerned so that not more than one municipality shall exercise power over any area.

150,369 Section 369. 66.325 of the statutes is renumbered 166.23, and 166.23 (title), as renumbered, is amended to read:

166.23 (title) Emergency powers of cities, villages and towns.

150,370 Section 370. 66.33 of the statutes is renumbered 281.695.

150,371 Section 371. 66.34 of the statutes is renumbered 92.115, and 92.115 (title), as renumbered, is amended to read:

92.115 (title) Soil Municipal soil conservation on private lands.

150,372 Section 372 . 66.345 of the statutes is repealed.

Note: The repealed section authorizes towns to levy special assessments against lands or interests specially benefited by the town's removal and disposition of dead animals under s. 60.23 (20), soil conservation work under s. 66.34 and snow removal under s. 86.105. Because of the nature of these services, the special committee determined that the costs of the services, to the extent not covered by other funding sources, are more appropriately funded by special charges. See Section 170 of this bill.

150,373 Section 373. 66.35 of the statutes is renumbered 285.54.

150,374 Section 374 . 66.36 of the statutes is renumbered 281.59 (13f), and 281.59 (13f) (intro.) and (c) to (f), as renumbered, are amended to read:

281.59 (13f) Municipal financing; clean water fund project costs funding of financial assistance. (intro.) Subject to the terms and conditions of its financial assistance agreement, a municipality may repay financial assistance costs received under from the clean water fund program under ss. s. 281.58 and 281.59 under this section by any lawful method, including any one of the following methods or any combination thereof of the methods:

(c) Payment out of the proceeds of the sale of public improvement bonds issued by it under s. 66.059 66.0619.

(d) Payment out of the proceeds of revenue obligations issued by it under s. 66.066 66.0621.

(e) Payment as provided under s. 66.54 (2) (c), (d) or (e) 66.0709.

(f) Payment as provided under s. 66.076 (1) 66.0821 (2) (a) 1.

Note: It is the understanding and intent of the special committee on general municipal law recodification that the list of financing methods that follows this introductory clause is illustrative and not limiting.

150,375 Section 375. 66.365 of the statutes is renumbered 283.87 (4) and amended to read:

283.87 (4) Aids to municipalities; environmental damage compensation. The department of natural resources may make grants to any county, city, village or town for the acquisition or development of recreational lands and facilities from moneys appropriated under s. 20.370 (2) (dv). Use and administration of the grant shall be consistent with any court order issued under s. 283.87 sub. (3). A county, city, village or town which receives a grant under this section is not required to share in the cost of a project under this section.

150,376 Section 376. 66.37 of the statutes is repealed.

Note: Repealed as obsolete. Section 66.37 authorizes a county, town, city or village to provide a reward to a person who kills a pocket gopher, street gopher, a black, brown, gray or Norway rat, a mole, a red or grey fox, a coyote, a wildcat or a weasel.

150,377 Section 377. 66.375 of the statutes is renumbered 66.1015.

150,378 Section 378. 66.38 of the statutes is renumbered 62.237.

150,379 Section 379 . 66.39 of the statutes is repealed.

Note: Repealed as no longer necessary. Section 66.39 authorizes county veterans' housing authorities and does not appear to be presently used. Furthermore, the general housing authority law authorizes housing authorities to undertake housing projects for veterans. See s. 66.1201 (9) (r) as renumbered. [Current s. 66.04 (9) (r).] Subsection (1) of the repealed section is made part of the general housing authority law. See Section 285 of this bill.

150,380 Section 380. 66.395 (title), (1) to (2m) and (3) (title) and (a) to (p) of the statutes are renumbered 66.1213 (title), (1) to (3) and (4) (title) and (a) to (p), and 66.1213 (2), (3) and (4) (a), (h) to (k), (L) 1. (intro.) and 2. and (m) to (o), as renumbered, are amended to read:

66.1213 (2) Declaration of necessity. It is declared that the lack of housing facilities for elderly persons provided by private enterprise in certain areas creates a public necessity to establish such safe and sanitary facilities for which public moneys may be spent and private property acquired. The legislature declares that to provide public housing for elderly persons is the performance of a governmental function of state concern.

(3) Discrimination. Persons otherwise entitled to any right, benefit, facility or privilege under this section shall not, with reference thereto, be denied them in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation or national origin.

(4) (a) "Authority" or "housing authority" means any of the public corporations established pursuant to sub. (4) (5).

(h) "Council" means the common council of the a city.

(i) "Elderly person" means a person who is 62 years of age or older on the date such on which the person intends to occupy the premises, or a family, the head of which, or that person's spouse, is an elderly person as defined herein a person who is 62 years of age or older on the date of the intent to occupy the premises.

(j) "Federal government" includes the United States of America, the federal emergency administration of public works or and any agency, or instrumentality, corporate or otherwise, of the United States of America.

(k) "Government" includes the state and federal governments and any subdivision, agency or instrumentality, corporate or otherwise, of either of them.

(L) 1. (intro.) "Housing projects" include includes all real property and personal property, building and improvements, stores, offices, lands for farming and gardening, and community facilities acquired or constructed or to be acquired or constructed pursuant to a single plan or undertaking to do any of the following:

2. "Housing project" may also be applied to includes the planning of buildings and improvements, the acquisition of property, the demolition of existing structures and the construction, reconstruction, alteration and repair of the improvements for the purpose of providing safe and sanitary housing for elderly persons and all other work in connection therewith with housing for elderly persons. A project shall not be considered housing for the elderly unless it contains at least 8 new or rehabilitated living units which are specifically designed for the use and occupancy of persons 62 years of age or over.

(m) "Mortgage" includes deeds of trust, mortgages, building and loan contracts, land contracts or other instruments conveying real or personal property as security for bonds and conferring a right to foreclose and cause a sale thereof of the real property or personal property.

(n) "Obligee of the authority" or "obligee" includes any bondholder, trustee or trustees for any bondholders, any lessor demising property to the authority used in connection with a housing project or any assignee or assignees or such of the lessor's interest or any part thereof of the lessor's interest, and the United States of America, when it is a party to any contract with the authority.

(o) "Real property" includes lands, lands under water, structures, and any and all easements, franchises and incorporeal hereditaments and every estate and right therein in an estate, legal and equitable, including terms for years and liens by way of judgment, mortgage or otherwise.

150,381 Section 381. 66.395 (3) (q) of the statutes is repealed.

Note: Repeals a provision that defines a state as the state of Wisconsin. The provision is unnecessary.

150,382 Section 382. 66.395 (3) (r) and (s) and (4) to (7) of the statutes are renumbered 66.1213 (4) (q) and (r) and (5) to (8), and 66.1213 (4) (q), (5) (a) and (c), (6), (7) (intro.) and (a) and (8), as renumbered, are amended to read:

66.1213 (4) (q) "State public body" means any city, town, incorporated village, county, municipal corporation, commission, district, authority, other subdivision or public body of the state.

(5) (a) When the council of a city by proper resolution declares at any time hereafter declares by resolution that there is need for an authority to function in the city, a public body corporate and politic shall then exist in the city and be known as the "housing authority" of the city. Such The authority shall then be authorized to may transact business and exercise any powers herein granted to it under this section.

(c) In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of the authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder under this section upon proof of the adoption of a resolution by the council declaring the need for the authority. Such The resolution or resolutions shall be deemed is sufficient if it declares that there is such the need for an authority and finds in substantially the foregoing terms (no further detail being necessary) that either or both of the above enumerated conditions exist that the condition described in par. (b) exists in the city. A copy of such the resolution duly certified by the city clerk shall be is admissible evidence in any suit, action or proceeding.

(6) Section 66.40 66.1201 applies. The provisions of s. 66.40 66.1201 (5) to (24) (ag), (25) and (26) shall apply to housing authorities and providing housing for elderly persons under this section without reference to the income of such those persons.

(7) Sections 66.401 66.1203 to 66.404 66.1211 apply. (intro.) The provisions of ss. 66.401 66.1203 to 66.404 66.1211 shall apply to housing authorities and providing housing for elderly persons under this section without reference to the income of such those persons, except as follows:

(a) As set down by the federal housing authority in the case of housing projects to the financing or subsidizing of which it is a party; or .

(8) Not applicable to low-rental housing projects. This section shall does not apply to projects required to provide low-rental housing only.

150,383 Section 383. 66.40 (title) of the statutes is renumbered 66.1201 (title).

150,384 Section 384. 66.40 (1) to (2m) and (3) (intro.) and (a) to (c) of the statutes are renumbered 66.1201 (1) to (2m) and (3) (intro.) and (a) to (c), and 66.1201 (1), (2), (2m) and (3) (intro.), (a) and (c), as renumbered, are amended to read:

66.1201 (1) Short title. Sections 66.40 66.1201 to 66.404 66.1211 may be referred to as the "Housing Authorities Law".

(2) Finding and declaration of necessity. It is declared that there exist in the state insanitary or unsafe dwelling accommodations and that persons of low income are forced to reside in such insanitary or unsafe accommodations; that within the state there is a shortage of safe or sanitary dwelling accommodations available at rents which persons of low income can afford and that such these persons are forced to occupy overcrowded and congested dwelling accommodations; that the aforesaid conditions described in this subsection cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals and welfare of the residents of the state and impair economic values; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities; that these slum areas cannot be cleared, nor can the shortage of safe and sanitary dwellings for persons of low income be relieved, through the operation of private enterprise, and that the construction of housing projects for persons of low income would, therefore, not be competitive with private enterprise; that the clearance, replanning and reconstruction of the areas in which insanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state concern; that it is in the public interest that work on such these projects be commenced as soon as possible in order to relieve unemployment which now constitutes an emergency; and the necessity in the public interest for the provisions hereinafter enacted of this section, is declared as a matter of legislative determination.

(2m) Discrimination. Persons otherwise entitled to any right, benefit, facility or privilege under ss. 66.40 66.1201 to 66.404 66.1211 shall not, with reference thereto, be denied them in any manner for any purpose nor be discriminated against because of sex, race, color, creed, sexual orientation or national origin.

(3) Definitions. (intro.) The following terms, wherever used or referred to in ss. 66.40 to 66.404 shall have the following respective meanings In ss. 66.1201 to 66.1211, unless a different meaning clearly appears from the context:

(a) "Area of operation" includes the city for which a housing authority is created and, the area within 5 miles of the territorial boundaries thereof of the city but not beyond the county limits of the county in which such the city is located and provided further that in the case of all cities the area of operation shall be limited to the area within the limits of such the city unless the city shall annex annexes the area of operation, but the area of operation of a housing authority shall. "Area of operation" does not include any area which lies within the territorial boundaries of any city for which another housing authority is created by this section.

(c) "Bonds" shall mean means any bonds, interim certificates, notes, debentures or other obligations of the authority issued pursuant to ss. 66.40 66.1201 to 66.404 66.1211.

150,385 Section 385. 66.40 (3) (d) of the statutes is repealed.