Amendment AA2-AB823

LRBa4044/1

RCT:skg&kaf:jlb

1995 - 1996 LEGISLATURE

ASSEMBLY AMENDMENT 2, To 1995 ASSEMBLY BILL 823

March 12, 1996 - Offered by Committee on Urban and Local Affairs.

AB823-AA2,1,1 At the locations indicated, amend the bill as follows:

AB823-AA2,1,3 1. Page 1, line 5: after "plats" insert ", certain municipal boundary review functions".

AB823-AA2,1,4 2. Page 2, line 15: after that line insert:

AB823-AA2,1,6 " Section 3b. 66.013 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB823-AA2,1,7 66.013 (2) (a) "Department" means the department of commerce revenue.

AB823-AA2, s. 3f Section 3f. 66.02 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB823-AA2,2,15 66.02 Consolidation. Subject to s. 66.023 (7), any town, village or city may be consolidated with a contiguous town, village or city, by ordinance, passed by a two-thirds vote of all the members of each board or council, fixing the terms of the consolidation and ratified by the electors at a referendum held in each municipality. The ballots shall bear the words, "for consolidation", and "against consolidation", and if a majority of the votes cast thereon in each municipality are for consolidation, the ordinances shall then be in effect and have the force of a contract. The ordinance and the result of the referendum shall be certified as provided in s. 66.018 (5); if a town the certification shall be preserved as provided in ss. 60.03 and 66.018 (5), respectively. Consolidation shall not affect the preexisting rights or liabilities of any municipality and actions thereon may be commenced or completed as though no consolidation had been effected. Any consolidation ordinance proposing the consolidation of a town and another municipality shall, within 10 days after its adoption and prior to its submission to the voters for ratification at a referendum, be submitted to the circuit court and the department of commerce revenue for a determination whether such proposed consolidation is in the public interest. The circuit court shall determine whether the proposed ordinance meets the formal requirements of this section and shall then refer the matter to the department of commerce revenue, which shall find as prescribed in s. 66.014 whether the proposed consolidation is in the public interest in accordance with the standards in s. 66.016. The department's findings shall have the same status as incorporation findings under ss. 66.014 to 66.019.

AB823-AA2, s. 3k Section 3k. 66.021 (7) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB823-AA2,3,7 66.021 (7) (a) An ordinance for the annexation of the territory described in the annexation petition may be enacted by a two-thirds vote of the elected members of the governing body not less than 20 days after the publication of the notice of intention to circulate the petition and not later than 120 days after the date of filing with the city or village clerk of the petition for annexation or of the referendum election if favorable to the annexation. If the annexation is subject to sub. (11) the governing body shall first review the reasons given by the department of commerce revenue that the proposed annexation is against the public interest. Subject to s. 59.971 (7), such an ordinance may temporarily designate the classification of the annexed area for zoning purposes until the zoning ordinance is amended as prescribed in s. 62.23 (7) (d). Before introduction of an ordinance containing such temporary classification, the proposed classification shall be referred to and recommended by the plan commission. The authority to make such temporary classification shall not be effective when the county ordinance prevails during litigation as provided in s. 59.97 (7).

AB823-AA2, s. 3p Section 3p. 66.021 (11) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB823-AA2,3,22 66.021 (11) (a) Annexations within populous counties. No annexation proceeding within a county having a population of 50,000 or more shall be valid unless the person causing a notice of annexation to be published under sub. (3) shall within 5 days of the publication mail a copy of the notice, legal description and a scale map of the proposed annexation to the clerk of each municipality affected and the department of commerce revenue. The department may within 20 days after receipt of the notice mail to the clerk of the town within which the territory lies and to the clerk of the proposed annexing village or city a notice that in its opinion the annexation is against the public interest. No later than 10 days after mailing the notice, the department shall advise the clerk of the town in which the territory is located and the clerk of the village or city to which the annexation is proposed of the reasons the annexation is against the public interest as defined in par. (c). The annexing municipality shall review the advice before final action is taken.

AB823-AA2, s. 3s Section 3s. 66.021 (11) (c) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB823-AA2,4,3 66.021 (11) (c) Definition of public interest. (intro.) For purposes of this subsection public interest is determined by the department of commerce revenue after consideration of the following:

AB823-AA2, s. 3w Section 3w. 66.021 (12) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB823-AA2,4,18 66.021 (12) Unanimous approval. If a petition for direct annexation signed by all of the electors residing in the territory and the owners of all of the real property in the territory is filed with the city or village clerk, and with the town clerk of the town or towns in which the territory is located, together with a scale map and a legal description of the property to be annexed, an annexation ordinance for the annexation of the territory may be enacted by a two-thirds vote of the elected members of the governing body of the city or village without compliance with the notice requirements of sub. (3). In such annexations, subject to sub. (11), the person filing the petition with the city or village clerk and the town clerk shall, within 5 days of the filing, mail a copy of the scale map and a legal description of the territory to be annexed to the department of commerce revenue and the governing body shall review the advice of the department, if any, before enacting the annexation ordinance.

AB823-AA2, s. 3y Section 3y. 66.021 (15) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB823-AA2,5,15 66.021 (15) Annexation of town islands. Upon its own motion, a city or village by a two-thirds vote of the entire membership of its governing body may enact an ordinance annexing territory which comprises a portion of a town or towns and which was completely surrounded by territory of the city or village on December 2, 1973. The ordinance shall include all surrounded town areas except those exempt by mutual agreement of all of the governing bodies involved. The annexation ordinance shall contain a legal description of the territory and the name of the town or towns from which the territory is detached. Upon enactment of the ordinance, the city or village clerk immediately shall file 6 certified copies of the ordinance in the office of the secretary of state, together with 6 copies of a scale map. The secretary of state shall forward 2 copies of the ordinance and scale map to the department of transportation, one copy to the department of natural resources, and one copy to the department of revenue and one copy to the department of commerce. This subsection does not apply if the town island was created only by the annexation of a railroad right-of-way or drainage ditch. This subsection does not apply to land owned by a town government which has existing town government buildings located thereon. No town island may be annexed under this subsection if the island consists of over 65 acres or contains over 100 residents. After December 2, 1973, no city or village may, by annexation, create a town area which is completely surrounded by the city or village.

AB823-AA2, s. 3z Section 3z. 66.023 (1) (a) of the statutes is amended to read:

AB823-AA2,5,18 66.023 (1) (a) "Department" means the department of administration revenue.".

AB823-AA2,5,19 3. Page 6, line 14: after that line insert:

AB823-AA2,5,20 " Section 11m. 1995 Wisconsin Act 27, section 9159 (7x) is amended to read:

AB823-AA2,5,22 [1995 Wisconsin Act 27] Section 9159 (7x) Transfer of municipal boundary review.

AB823-AA2,6,2 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to the functions of municipal boundary review, as determined by the secretary of administration, shall become the assets and liabilities of the department of development revenue.

AB823-AA2,6,7 (b) Employe transfers. All incumbent employes holding positions in the department of administration having duties primarily related to the functions of municipal boundary review, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of development revenue.

AB823-AA2,6,13 (c) Employe status. Employes transferred under paragraph (b) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of development revenue that they enjoyed in the department of administration immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

AB823-AA2,6,18 (d) Tangible personal property, records. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration primarily related to the functions of municipal boundary review, as determined by the secretary of administration, is transferred to the department of development revenue.

AB823-AA2,6,25 (e) Contracts. All contracts entered into by the department of administration primarily related to the functions of municipal boundary review, as determined by the secretary of administration, in effect on the effective date of this paragraph remain in effect and are transferred to the department of development revenue. The department of development revenue shall carry out any such contractual obligations until modified or rescinded by the department of development revenue to the extent allowed under the contract.

AB823-AA2,7,9 (f) Rules and orders. All rules promulgated by the department of administration primarily related to the functions of municipal boundary review, as determined by the secretary of administration, that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of development revenue. All orders issued by the department of administration primarily related to the functions of municipal boundary review, as determined by the secretary of administration, that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the department of development revenue.

AB823-AA2,7,16 (g) Pending matters. Any matter pending with the department of administration primarily related to the functions of municipal boundary review, as determined by the secretary of administration, on the effective date of this paragraph is transferred to the department of development revenue and all materials submitted to or actions taken by the department of administration with respect to the pending matter are considered as having been submitted to or taken by the department of development revenue.".

AB823-AA2,7,17 4. Page 8, line 9: after that line insert:

AB823-AA2,7,18 "(1m) Municipal boundary review transfer.

AB823-AA2,7,21 (a) The authorized FTE positions for the department of revenue are increased by 2.0 GPR positions, to be funded from the appropriation under section 20.566 (3) (a) of the statutes, for the purpose of performing municipal boundary review.

AB823-AA2,7,24 (b) The authorized FTE positions for the department of commerce are decreased by 2.0 GPR positions, funded from the appropriation under s. 20.143 (1) (a) of the statutes, for the purpose of performing municipal boundary review.

AB823-AA2,8,4 (c) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of commerce primarily related to the functions of municipal boundary review, as determined by the secretary of administration, shall become the assets and liabilities of the department of revenue.

AB823-AA2,8,8 (d) Employe transfers. All incumbent employes holding positions in the department of commerce having duties primarily related to the functions of municipal boundary review, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of revenue.

AB823-AA2,8,14 (e) Employe status. Employes transferred under paragraph (d) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of revenue that they enjoyed in the department of commerce immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

AB823-AA2,8,18 (f) Tangible personal property, records. On the effective date of this paragraph, all tangible personal property, including records, of the department of commerce primarily related to the functions of municipal boundary review, as determined by the secretary of administration, is transferred to the department of revenue.

AB823-AA2,8,24 (g) Contracts. All contracts entered into by the department of commerce primarily related to the functions of municipal boundary review, as determined by the secretary of administration, in effect on the effective date of this paragraph remain in effect and are transferred to the department of revenue. The department of revenue shall carry out any such contractual obligations until modified or rescinded by the department of revenue to the extent allowed under the contract.

AB823-AA2,9,9 (h) Rules and orders. All rules promulgated by the department of commerce primarily related to the functions of municipal boundary review, as determined by the secretary of administration, that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of revenue. All orders issued by the department of commerce primarily related to the functions of municipal boundary review, as determined by the secretary of administration, that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the department of revenue.

AB823-AA2,9,15 (i) Pending matters. Any matter pending with the department of commerce primarily related to the functions of municipal boundary review, as determined by the secretary of administration, on the effective date of this paragraph is transferred to the department of revenue and all materials submitted to or actions taken by the department of commerce with respect to the pending matter are considered as having been submitted to or taken by the department of revenue.".

AB823-AA2,9,16 5. Page 8, line 12: after "9104 (3)" insert ", 9159 (7x)".

AB823-AA2,9,18 6. Page 8, line 13: delete "subsection (1) is" and substitute "subsections (1) and (1m) are".

AB823-AA2,9,19 7. Page 8, line 13: after that line insert:

AB823-AA2,9,20 " Section 13m. Appropriation changes.

AB823-AA2,9,23 (1) Municipal boundary review; revenue. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of revenue under section 20.566 (3) (a) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $97,300 for fiscal year 1996-97 to provide funding for municipal boundary review.

AB823-AA2,10,7 (2) Municipal boundary review; commerce. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of commerce under section 20.143 (1) (a) of the statutes, as affected by the acts of 1995, the dollar amount is decreased by $97,300 for fiscal year 1996-97 to eliminate funding for municipal boundary review.".