Note: There is no conflict of substance.
1999 Wis. Act 150, s.
2, treats s. 29.05 (6), 1997 stats., which was renumbered to s. 29.924 (4) by
1997 Wis. Act 248, s.
106. As merged by the Revisor, s. 29.924 (4) reads:
(4) Access to storage places. The owner or occupant of any cold-storage warehouse or building used for the storage or retention of wild animals or carcasses shall permit the department and its wardens to enter and examine the premises subject to s. 66.0119. The owner or occupant, or the agent or employee of the owner or occupant, shall deliver to the officer any wild animal or carcass, in his or her possession during the closed season, whether taken within or without the state.
30,8
Section
8. 33.32 (5) of the statutes is amended to read:
33.32 (5) Sewerage system service charges imposed by districts with town sanitary district powers shall be in conformance with s. 66.0821. Special charges for other services identified in the annual budget adopted under s. 33.30 (3) (b) shall also be collected directly by the commissioners. The commissioners shall allocate the charges to the property served in a manner prescribed by them unless the manner is specified by a resolution of the annual or of a special meeting. Delinquent special charges shall be governed by s. 66.60 (16) (b) 66.0627 (4).
Note: 1999 Wis. Act 150, section
533, repealed s. 66.60 (16) and section 170 created s. 66.0627. The note to section 170 states that s. 66.0627 restates s. 66.60 (16). Section 66.60 (16) (b) relating to delinquencies is revised and restated at s. 66.0627 (4).
30,9
Section
9. 34.05 (1) of the statutes is amended to read:
34.05 (1) Except as provided in sub. (4), the governing board of each public depositor shall, by resolution, designate one or more public depositories, organized and doing business under the laws of this state or federal law and located in this state, in which the treasurer of the governing board shall deposit all public moneys received by him or her and specify whether the moneys shall be maintained in time deposits subject to the limitations of s. 66.0603 (1) (1m), demand deposits
, or savings deposits and whether a surety bond or other security shall be required to be furnished under s. 34.07 by the public depository to secure the repayment of such deposits. A designation of a public depository by the governing board shall be a designation of the public depository for all treasurers of the governing board and for all public depositors for which each treasurer shall act.
Note: Inserts the correct cross-reference. Section 66.0603 (1) was renumbered to s. 66.0603 (1m) by
1999 Wis. Act 186.
30,10
Section
10. 38.20 (2) (d) of the statutes is amended to read:
38.20 (2) (d) The city or village shall deposit the proceeds of the sale of technical college property in the debt service fund, if any, created for payment of existing technical college obligations. The indebtedness of such city or village shall, for purposes of computing its legal debt limit, be deemed reduced by the amount of such deposit. The city or village may invest these debt service fund moneys under s. 66.0603 (1) (1m) or 67.11 (2) and (3). Bonds and notes issued by districts for purposes of this subsection shall not be subject to referendum. The purchase agreement shall include an irrevocable clause providing that the district shall pay annually to the city or village a sum of money equal to the amount in which the interest received by the city or village upon investments authorized hereunder is less than the amount of interest paid by the city or village on the bonds of the city or village for technical college purposes.
Note: Inserts the correct cross-reference. Section 66.0603 (1) was renumbered to s. 66.0603 (1m) by
1999 Wis. Act 186.
30,11
Section
11. 38.20 (2) (e) of the statutes is amended to read:
38.20 (2) (e) The district purchasing property under this subsection may, with approval of the city council or village board involved, pay the purchase price by issuing and delivering directly to the city or village the general obligation promissory notes or the notes of the district under s. 67.12 (12), except that no referendum may be held and the 10-year limitation on such notes shall be inapplicable to such notes issued under this paragraph. Such notes shall mature and be payable at such times, in such amounts and at such rate of interest as will amortize and pay when due the principal and interest on the outstanding obligations of the city or village for technical college purposes. All such notes, upon execution and delivery to the city or village, shall in all respects be held and considered as an authorized investment under s. 66.0603 (1) (1m) or 67.11 (2) and (3) of the debt service fund created for payment of the city or village obligations issued for technical college purposes and shall be offset against city or village indebtedness in computing legal debt limit to the same extent as other authorized investments of the debt service fund and such notes may be sold and hypothecated. If the offset against city or village indebtedness under this paragraph is determined to be invalid in any respect, such city or village immediately may require the district issuing the promissory notes to such city or village to comply with pars. (c) and (d) to the extent necessary to cure such invalidity.
Note: Inserts the correct cross-reference. Section 66.0603 (1) was renumbered to s. 66.0603 (1m) by
1999 Wis. Act 186.
30,12
Section
12. 46.2895 (4) (g) of the statutes is amended to read:
46.2895 (4) (g) Subject to sub. (8), employ any agent, employee, or special adviser that the family care district finds necessary, fix and regulate his or her compensation and provide, either directly or subject to an agreement under s. 66.30 66.0301 as a participant in a benefit plan of another governmental entity, any employee benefits, including an employee pension plan.
Note: Inserts the correct cross-reference. The provisions of s. 66.30 that relate to intergovernmental cooperation, generally, were renumbered to s. 66.0301 by
1999 Wis. Act 150. Adds serial comma consistent with current style.
30,13
Section
13. 46.2895 (6) (f) of the statutes is amended to read:
46.2895 (6) (f) Subject to sub. (8), procure liability insurance covering its officers, employees, and agents, insurance against any loss in connection with its property and other assets and other necessary insurance; establish and administer a plan of self-insurance; or, subject to an agreement under s. 66.30 66.0301, participate in a governmental plan of insurance or self-insurance.
Note: Inserts the correct cross-reference. The provisions of s. 66.30 that relate to intergovernmental cooperation, generally, were renumbered to s. 66.0301 by
1999 Wis. Act 150. Adds serial comma consistent with current style.
30,14
Section
14. 59.69 (3) (a) of the statutes is amended to read:
59.69 (3) (a) The county zoning agency may direct the preparation of a county development plan or parts thereof of the plan for the physical development of the unincorporated territory within the county and areas within incorporated jurisdictions whose governing bodies by resolution agree to having their areas included in the county's development plan. The plan may be adopted in whole or in part and may be amended by the board and endorsed by the governing bodies of incorporated jurisdictions included in the plan. The county development plan, in whole or in part, in its original form or as amended, is hereafter referred to as the development plan. Beginning on January 1, 2010, if the county engages in any program or action described in s. 66.0295 66.1001 (3), the development plan shall contain at least all of the elements specified in s. 66.0295 66.1001 (2).
Note: Inserts the correct cross-reference. Section 66.0295 was renumbered to s. 66.1001 by
1999 Wis. Act 150.
30,15
Section
15. 60.79 (2) (c) of the statutes is amended to read:
60.79 (2) (c) The city or village and the town sanitary district shall divide the assets and liabilities of the town sanitary district under s. 66.0235 or by entering into an intergovernmental cooperation agreement under s. 66.30 66.0301, except that the ownership of any water or sewerage system shall be determined under par. (dm).
Note: Inserts the correct cross-reference. The relevant portions of s. 66.30 were renumbered to s. 66.0301 by
1999 Wis. Act 150.
30,16
Section
16. 62.23 (2) of the statutes is amended to read:
62.23 (2) Functions. It shall be the function and duty of the commission to make and adopt a master plan for the physical development of the city, including any areas outside of its boundaries which that in the commission's judgment bear relation to the development of the city provided, however, that in any county where a regional planning department has been established, areas outside the boundaries of a city may not be included in the master plan without the consent of the county board of supervisors. The master plan, with the accompanying maps, plats, charts, and descriptive and explanatory matter, shall show the commission's recommendations for such physical development, and shall, as described in sub. (3) (b), contain at least the elements described in s. 66.0295 66.1001 (2). The commission may from time to time amend, extend, or add to the master plan or carry any part or subject matter into greater detail. The commission may adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record.
Note: Inserts the correct cross-reference. Section 66.0295 was renumbered to s. 66.1001 by
1999 Wis. Act 150.
30,17
Section
17. 62.23 (3) (b) of the statutes is amended to read:
62.23 (3) (b) The commission may adopt the master plan as a whole by a single resolution, or, as the work of making the whole master plan progresses, may from time to time by resolution adopt a part or parts of a master plan. Beginning on January 1, 2010, if the city engages in any program or action described in s. 66.0295 66.1001 (3), the master plan shall contain at least all of the elements specified in s. 66.0295 66.1001 (2). The adoption of the plan or any part, amendment, or addition, shall be by resolution carried by the affirmative votes of not less than a majority of all the members of the city plan commission. The resolution shall refer expressly to the elements under s. 66.0295 66.1001 and other matters intended by the commission to form the whole or any part of the plan, and the action taken shall be recorded on the adopted plan or part thereof of the plan by the identifying signature of the secretary of the commission, and a copy of the plan or part thereof of the plan shall be certified to the common council. The purpose and effect of the adoption and certifying of the master plan or part thereof of the plan shall be solely to aid the city plan commission and the council in the performance of their duties.
Note: Inserts the correct cross-reference. Section 66.0295 was renumbered to s. 66.1001 by
1999 Wis. Act 150.
30,18
Section
18. 66.0137 (1) of the statutes is amended to read:
66.0137 (1) Definition. In this section, "local governmental unit" means a city, village, town, county, school district (as enumerated in s. 67.01 (5)), sewerage district, drainage district, and, without limitation because of enumeration, any other political subdivision of the state should be s. 345.05 (1) (c).
Note: There is no conflict of substance. As merged by the Revisor, s. 66.0217 (7) (a) 3. reads:
3. If the notice indicates that the petition is for a referendum on the question of annexation, the clerk of the city or village shall file the notice as provided in s. 8.37. If the notice indicates that the petition is for a referendum on the question of annexation, the town clerk shall give notice as provided in par. (c) of a referendum of the electors residing in the area proposed for annexation to be held not less than 42 days nor more than 72 days after the date of personal service or mailing of the notice required under this paragraph. If the notice indicates that the petition is for direct annexation, no referendum shall be held unless within 30 days after the date of personal service or mailing of the notice required under this paragraph, a petition conforming to the requirements of s. 8.40 requesting a referendum is filed with the town clerk as provided in s. 8.37, signed by at least 20% of the electors residing in the area proposed to be annexed. If a petition requesting a referendum is filed, the clerk shall give notice as provided in par. (c) of a referendum of the electors residing in the area proposed for annexation to be held not less than 42 days nor more than 72 days after the receipt of the petition and shall mail a copy of the notice to the clerk of the city or village to which the annexation is proposed. The referendum shall be held at a convenient place within the town to be specified in the notice.
Note: There is no conflict of substance. As merged by the Revisor, s. 66.0219 (4) (a) and (b) read:
(a) If the court, after the hearing, is satisfied that the description of the territory or any survey is accurate and that the provisions of this section have been complied with, it shall make an order so declaring and shall direct a referendum election within the territory described in the order, on the question of whether the area should be annexed. Such order shall be filed as provided in s. 8.37. The order shall direct 3 electors named in the order residing in the town in which the territory proposed to be annexed lies, to perform the duties of inspectors of election.
(b) The referendum election shall be held not less than 42 days nor more than 72 days after the filing of the order as provided in s. 8.37, in the territory proposed for annexation, by the electors of that territory as provided in s. 66.0217 (7), so far as applicable. The ballots shall contain the words "For Annexation" and "Against Annexation". The certification of the election inspectors shall be filed with the clerk of the court, and the clerk of any municipality involved, but need not be filed or recorded with the register of deeds.
Note: There is no conflict of substance. As merged by the Revisor, s. 66.0225 reads:
66.0225 Municipal boundaries, fixed by judgment. Any 2 municipalities whose boundaries are immediately adjacent at any point and who are parties to an action, proceeding or appeal in court for the purpose of testing the validity or invalidity of an annexation, incorporation, consolidation or detachment may enter into a written stipulation, compromising and settling the litigation and determining the common boundary line between the municipalities. The court having jurisdiction of the litigation, whether the circuit court, the court of appeals or the supreme court, may enter a final judgment incorporating the provisions of the stipulation and fixing the common boundary line between the municipalities involved. A stipulation changing boundaries of municipalities shall be approved by the governing bodies of the detaching and annexing municipalities and s. 66.0217 (9) and (11) shall apply. A change of municipal boundaries under this section is subject to a referendum of the electors residing within the territory annexed or detached, if within 30 days after the publication of the stipulation to change boundaries in a newspaper of general circulation in the area proposed to be annexed or detached, a petition for a referendum conforming to the requirements of s. 8.40 signed by at least 20% of the electors of the area to be annexed or detached is filed with the clerk of the municipality from which the area is proposed to be detached and is filed as provided in s. 8.37. The referendum shall be conducted as are annexation referenda. If the referendum election is opposed to detachment from the municipality, all proceedings under this section are void. In this section, "municipalities" means cities, villages and towns.
Note: There is no conflict of substance. As merged by the Revisor, s. 66.0227 (3) reads:
(3) The governing body of a city, village or town involved may, or if a petition conforming to the requirements of s. 8.40 signed by a number of qualified electors equal to at least 5% of the votes cast for governor in the city, village or town at the last gubernatorial election, demanding a referendum, is presented to it within 30 days after the passage of either of the ordinances under sub. (2) shall, submit the question to the electors of the city, village or town whose electors petitioned for detachment, at a referendum election called for that purpose not less than 42 days nor more than 72 days after the filing of the petition, or after the enactment of either ordinance. The petition shall be filed as provided in s. 8.37. If a number of electors cannot be determined on the basis of reported election statistics, the number shall be determined in accordance with s. 60.74 (6). The governing body of the municipality shall appoint 3 election inspectors who are resident electors to supervise the referendum. The ballots shall contain the words "For Detachment" and "Against Detachment". The inspectors shall certify the results of the election by their attached affidavits and file a copy with the clerk of each town, village or city involved, and none of the ordinances may take effect nor be in force unless a majority of the electors approve the question. The referendum election shall be conducted in accordance with chs. 6 and 7 to the extent applicable.
Note: Section 66.0301 (1) (a) was renumbered from s. 66.30 (1) (a) by
1999 Wis. Act 150, s.
348. There is no conflict of substance. As merged by the Revisor, s. 66.0301 (1) (a) reads:
(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, local cultural arts district created under subch. V 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 or regional planning commission.
30,24
Section
24. 66.0307 (10) of the statutes is amended to read:
66.0307 (10) Boundary change ordinance; filing and recording requirements. A boundary change under a cooperative plan shall be accomplished by the enactment of an ordinance by the governing body designated to do so in the plan. The filing and recording requirements under s. 66.0217 (9) (a), as they apply to cities and villages under s. 66.0217 (9) (a), apply to municipalities under this subsection. The requirements for the secretary of state are the same as those required in s. 66.0217 (9) (a) (b).
Note: The stricken language was inserted by
1999 Wis. Act 150 without being underscored and the underscored language was deleted by Act 150 without being stricken. No change was intended.
30,26
Section
26. 66.0401 (1) (intro.) of the statutes is amended to read:
66.0401 (1) Authority to restrict systems limited. (intro.) No county, city, town, or village may place any restriction, either directly or in effect, on the installation or use of a solar energy system, as defined in s. 13.48 (2) (h) 1. g., or a wind energy system, as defined in s. 66.0415 66.0403 (1) (m), unless the restriction satisfies one of the following conditions:
Note: Inserts the correct cross-reference. Section 66.032 was renumbered to s. 66.0403 by
1999 Wis. Act 150, but the cross-reference here was changed from s. 66.032 to s. 66.0415.
30,27
Section
27. 66.0401 (2) of the statutes is amended to read:
66.0401 (2) Authority to require trimming of blocking vegetation. A county, city, village, or town may provide by ordinance for the trimming of vegetation which that blocks solar energy, as defined in s. 66.0415 66.0403 (1) (k), from a collector surface, as defined under s. 700.41 (2) (b), or which that blocks wind from a wind energy system, as defined in s. 66.0415 66.0403 (1) (m). The ordinance may include, but is not limited to, a designation of responsibility for the costs of the trimming. The ordinance may not require the trimming of vegetation that was planted by the owner or occupant of the property on which the vegetation is located before the installation of the solar or wind energy system.
Note: Inserts the correct cross-references. Section 66.032 was renumbered to s. 66.0403 by
1999 Wis. Act 150, but the cross-reference here was changed from s. 66.032 to s. 66.0415.
30,28
Section
28. 66.0503 (1) (intro.) of the statutes is amended to read:
66.0503 (1) (intro.) The office of county supervisor may be consolidated by charter ordinance under s. 61.1895 or 66.0101:
Note: Deletes nonexistent cross-reference.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
1999 Wis. Act 65 renumbered s. 66.04 (1) to be s. 66.04 (1e).
1999 Wis. Act 150 renumbered s. 66.04 (1) to 66.04 (1) (a). Giving effect to both acts, s. 66.04 (1) was renumbered 66.0601 (1e) (a). Act 150 also renumbered s. 66.04 (1m) (a) and (b) to s. 66.0601 (1) (b) and (c), requiring the renumbering of 66.0601 (1e) (a) to 66.0601 (1) (a).
Note: There is no conflict of substance. As merged by the Revisor, s. 66.0603 (1m) (a) (intro.) reads:
(a) A county, city, village, town, school district, drainage district, technical college district or other governing board, other than a local professional football stadium district board created under subch. IV of ch. 229, may invest any of its funds not immediately needed in any of the following:
66.0603
(1m) (b) A town, city
, or village may invest surplus funds in any bonds or securities issued under the authority of the municipality, whether the bonds or securities create a general municipality liability or a liability of the property owners of the municipality for special improvements, and may sell or hypothecate the bonds or securities. Funds of an employer, as defined by s. 40.02 (28), in a deferred compensation plan may also be invested and reinvested in the same manner authorized for investments under s. 881.01 (1).
Funds of any school district operating under ch. 119, held in trust for pension plans intended to qualify under section 401 (a) of the Internal Revenue Code, other than funds held in the public employee trust fund, may be invested and reinvested in the same manner as is authorized for investments under s. 881.01.
Note: The underscored language was deleted by
1999 Wis. Act 150 without being shown as stricken. No change was intended.
30,32
Section
32. 66.0603 (3) of the statutes is amended to read:
66.0603
(3) Additional delegation of investment authority. In addition to the authority granted under sub.
(2m) (2), a school district operating under ch. 119 may delegate the investment authority over any of its funds not immediately needed and held in trust for its qualified pension plans to an investment manager who meets the requirements and qualifications specified in the trust's investment policy and who is registered as an investment adviser under the Investment Advisers Act of 1940,
15 USC 80b-3.
Note: Inserts the correct cross-reference. Section 66.04 (2m) and (3) were renumbered to s. 66.0603 (2) and (3) by
1999 Wis. Act 150, but this cross-reference was not changed accordingly.
Note: There is no conflict of substance. As merged by the Revisor, s. 66.0621 (1) (a) reads:
(a) "Municipality" means a city, village, town, county, commission created by contract under s. 66.0301, public inland lake protection and rehabilitation district established under s. 33.23, 33.235 or 33.24, metropolitan sewerage district created under ss. 200.01 to 200.15 and 200.21 to 200.65, town sanitary district under subch. IX of ch. 60, a local professional baseball park district created under subch. III of ch. 229, a local professional football stadium district created under subch. IV of ch. 229, a local cultural arts district created under subch. V of ch. 229 or a municipal water district or power district under ch. 198 and any other public or quasi-public corporation, officer, board or other public body empowered to borrow money and issue obligations to repay the money and obligations out of revenues. "Municipality" does not include the state or a local exposition district created under subch. II of ch. 229.
30,34
Section
34. 66.0621 (4) (L) 7. of the statutes is amended to read:
66.0621 (4) (L) 7. Bond anticipation notes are a legal form of investment for municipal funds under s. 66.0605 (1) 66.0603 (1m).
Note: Inserts the correct cross-reference.
1999 Wis. Act 150 changed this cross-reference from s. 66.04 (2) to s. 66.0605 (1), but s. 66.04 (2) was renumbered to s. 66.0603 (1) by Act 150, and was subsequently renumbered to s. 66.0603 (1m) by
1999 Wis. Act 186.
30,35
Section
35. 66.0623 of the statutes is amended to read:
66.0623 Refunding village, town, sanitary
, and inland lake district bonds. A village, town, town sanitary district established under s. 60.71 (1), or public inland lake protection and rehabilitation district established under ch. 33 which that has undertaken to construct a combined sewer and water system and issued revenue bonds payable from the combined revenues of the system and which that is unable to provide sufficient funds to complete the construction of the system and to meet maturing principal of the revenue bonds, may, with the consent of all of the holders of noncallable bonds, refund all or any part of its outstanding indebtedness, including revenue bonds, by issuing term bonds maturing in not more than 20 years, payable solely from the revenues of the combined sewer and water system and redeemable at par on any interest payment date. The bonds may be issued as provided in s. 66.0621 (2) (4) and shall pledge income from hydrant rentals and all sewer and water charges and may contain any covenants authorized by law, except if bonds are issued under this section to refund floating indebtedness, the bonds are subject to the prior lien and claim of all bonds issued to refund revenue bonds issued prior to the refunding.
Note: Inserts the correct cross-reference. Section 66.066 (2) was renumbered to s. 66.0621 (4) by
1999 Wis. Act 150, but this cross-reference was changed from s. 66.066 (2) to s. 66.0621 (2).
Note: Confirms renumbering by the Revisor under s. 13.93 (1) (b).
1999 Wis. Act 150 renumbered s. 66.066 to s. 66.0621.
66.0815 (1) (c) An ordinance under sub. (1) may not take effect until 60 days after passage and publication unless sooner approved by a referendum. Within the 60-day period electors equal in number to 20% of those voting at the last regular municipal election may file a petition requesting for a referendum. The petition shall be in writing and filed with the clerk and as provided in s. 8.37. The petition shall conform to the requirements of s. 8.40, except that each signer shall also state his or her. Each signer shall state his or her residence and signatures shall be verified by the affidavit of an elector. The referendum shall be held at the next regular municipal election, or at a special election within 90 days of the filing of the petition. The ordinance may not take effect unless approved by a majority of the votes cast. This paragraph does not apply to extensions by a utility previously franchised by the village, city, or town.
