Amendment AA2-AB823

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.".

AB823-AA2,10,8 8. Page 8, line 16: after "9104 (3)" insert ", 9159 (7x)".

AB823-AA2,10,9 (End)