Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,511,21 60.72 (title) Creation of town sanitary district by order of the department of natural resources environmental management. (1) Definition. In this section, "department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2003tr Section 2003tr. 60.73 of the statutes is amended to read:

SB55-ASA1-AA1,512,6 60.73 Review of orders creating town sanitary districts. Any person aggrieved by any act of the town board or the department of natural resources environmental management in establishing a town sanitary district may bring an action in the circuit court of the county in which his or her lands are located, to set aside the final determination of the town board or the department of natural resources environmental management, within 90 days after the final determination, as provided under s. 893.73 (2). If no action is taken within the 90-day period, the determination by the town board or the department of natural resources environmental management is final.

SB55-ASA1-AA1, s. 2003tu Section 2003tu. 60.782 (2) (d) of the statutes is amended to read:

SB55-ASA1-AA1,512,10 60.782 (2) (d) Lease or acquire, including by condemnation, any real property situated in this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g) or 30.275 23.434 (4).

SB55-ASA1-AA1, s. 2003ty Section 2003ty. 60.785 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,512,23 60.785 (2) (a) Any town sanitary district may be consolidated with a contiguous town sanitary district by resolution passed by a two-thirds vote of all of the commissioners of each district, fixing the terms of the consolidation and ratified by the qualified electors of each district at a referendum held in each district. The resolution shall be filed as provided in s. 8.37. The ballots shall contain the words "for consolidation", consolidation," and "against consolidation". consolidation." If a majority of the votes cast on the referendum in each town sanitary district are for consolidation, the resolutions are effective and have the force of a contract. Certified copies of the resolutions and the results of the referendum shall be filed with the secretary of natural resources environmental management, and the original documents shall be recorded with the register of deeds in each county in which the consolidated district is situated.

SB55-ASA1-AA1, s. 2003vc Section 2003vc. 61.351 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA1,512,25 61.351 (1) (b) "Wetlands" has the meaning specified under s. 23.32 278.32 (1).

SB55-ASA1-AA1, s. 2003vg Section 2003vg. 61.351 (2) of the statutes is amended to read:

SB55-ASA1-AA1,513,6 61.351 (2) Filled wetlands. Any wetlands which that are filled prior to the date on which a village receives a final wetlands map from the department of natural resources under s. 278.32 in a manner which that affects their characteristics as wetlands are filled wetlands and not subject to an ordinance adopted under this section.

SB55-ASA1-AA1, s. 2003vn Section 2003vn. 61.351 (3) of the statutes is amended to read:

SB55-ASA1-AA1,513,14 61.351 (3) Adoption of ordinance. To effect the purposes of s. 281.31 and to promote the public health, safety and general welfare, each village shall zone by ordinance all unfilled wetlands of 5 acres or more which are shown on the final wetland inventory maps prepared by the department of natural resources for the village under s. 23.32 278.32, which are located in any shorelands and which are within its incorporated area. A village may zone by ordinance any unfilled wetlands which that are within its incorporated area at any time.

SB55-ASA1-AA1, s. 2003vr Section 2003vr. 61.351 (6) of the statutes is amended to read:

SB55-ASA1-AA1,513,24 61.351 (6) Failure to adopt ordinance. If any village does not adopt an ordinance required under sub. (3) within 6 months after receipt of final wetland inventory maps prepared by the department of natural resources for the village under s. 23.32 278.32, or if the department of natural resources environmental management, after notice and hearing, determines that a village adopted an ordinance which fails to meet reasonable minimum standards in accomplishing the shoreland protection objectives of s. 281.31 (1), the department of natural resources environmental management shall adopt an ordinance for the village. As far as applicable, the procedures set forth in s. 87.30 apply to this subsection.

SB55-ASA1-AA1, s. 2003vw Section 2003vw. 61.354 (1) of the statutes is amended to read:

SB55-ASA1-AA1,514,2 61.354 (1) Definition. As used in this section, "department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2003yc Section 2003yc. 62.231 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA1,514,4 62.231 (1) (b) "Wetlands" has the meaning specified under s. 23.32 278.32 (1).

SB55-ASA1-AA1, s. 2003yg Section 2003yg. 62.231 (2) of the statutes is amended to read:

SB55-ASA1-AA1,514,10 62.231 (2) Filled wetlands. Any wetlands which that are filled prior to the date on which a city receives a final wetlands map from the department of natural resources under s. 278.32 in a manner which that affects their characteristics as wetlands are filled wetlands and not subject to an ordinance adopted under this section.

SB55-ASA1-AA1, s. 2003yL Section 2003yL. 62.231 (3) of the statutes is amended to read:

SB55-ASA1-AA1,514,18 62.231 (3) Adoption of ordinance. To effect the purposes of s. 281.31 and to promote the public health, safety and general welfare, each city shall zone by ordinance all unfilled wetlands of 5 acres or more which are shown on the final wetland inventory maps prepared by the department of natural resources for the city under s. 23.32 278.32, which are located in any shorelands and which are within its incorporated area. A city may zone by ordinance any unfilled wetlands which that are within its incorporated area at any time.

SB55-ASA1-AA1, s. 2003yp Section 2003yp. 62.231 (6) of the statutes is amended to read:

SB55-ASA1-AA1,515,3 62.231 (6) Failure to adopt ordinance. If any city does not adopt an ordinance required under sub. (3) within 6 months after receipt of final wetland inventory maps prepared by the department of natural resources for the city under s. 23.32 278.32, or if the department of natural resources environmental management, after notice and hearing, determines that a city adopted an ordinance which that fails to meet reasonable minimum standards in accomplishing the shoreland protection objectives of s. 281.31 (1), the department of natural resources environmental management shall adopt an ordinance for the city. As far as applicable, the procedures set forth in s. 87.30 apply to this subsection.

SB55-ASA1-AA1, s. 2003yt Section 2003yt. 62.231 (6m) of the statutes is amended to read:

SB55-ASA1-AA1,515,10 62.231 (6m) Certain amendments to ordinances. For an amendment to an ordinance enacted under this section that affects an activity that meets all of the requirements under s. 281.165 (2) or (3) (a), the department of natural resources environmental management may not proceed under sub. (6), or otherwise review the amendment, to determine whether the ordinance, as amended, fails to meet reasonable minimum standards.

SB55-ASA1-AA1, s. 2003yx Section 2003yx. 62.234 (1) of the statutes is amended to read:

SB55-ASA1-AA1,515,13 62.234 (1) Definition. As used in this section, "department" means the department of natural resources environmental management.".

SB55-ASA1-AA1,515,14 871. Page 669, line 17: after that line insert:

SB55-ASA1-AA1,515,15 " Section 2003rm. 60.34 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,515,18 60.34 (1) (a) Receive Except as provided in s. 66.0608, receive and take charge of all money belonging to the town, or which is required by law to be paid into the town treasury, and disburse the money under s. 66.0607.

SB55-ASA1-AA1, s. 2003rn Section 2003rn. 61.26 (2) of the statutes is amended to read:

SB55-ASA1-AA1,515,21 61.26 (2) Receive Except as provided in s. 66.0608, receive all moneys belonging or accruing to the village or directed by law to be paid to the treasurer.

SB55-ASA1-AA1, s. 2003ve Section 2003ve. 61.26 (3) of the statutes is amended to read:

SB55-ASA1-AA1,516,4 61.26 (3) Deposit Except as provided in s. 66.0608, deposit upon receipt the funds of the village in the name of the village in the public depository designated by the board. Failure to comply with this subsection shall be prima facie grounds for removal from office. When the money is deposited, the treasurer and bonders are not liable for the losses defined by s. 34.01 (2), and the interest shall be paid into the village treasury.

SB55-ASA1-AA1, s. 2003we Section 2003we. 62.09 (9) (a) of the statutes is amended to read:

SB55-ASA1-AA1,516,9 62.09 (9) (a) The Except as provided in s. 66.0608, the treasurer shall collect all city, school, county, and state taxes, receive all moneys belonging to the city or which by law are directed to be paid to the treasurer, and pay over the money in the treasurer's hands according to law.

SB55-ASA1-AA1, s. 2003wg Section 2003wg. 62.09 (9) (e) of the statutes is amended to read:

SB55-ASA1-AA1,516,18 62.09 (9) (e) The Except as provided in s. 66.0608, the treasurer shall deposit immediately upon receipt thereof the funds of the city in the name of the city in the public depository designated by the council. Such deposit may be in either a demand deposit or in a time deposit, maturing in not more than one year. Failure to comply with the provisions hereof shall be prima facie grounds for removal from office. When the money is so deposited, the treasurer and the treasurer's bonders shall not be liable for such losses as are defined by s. 34.01 (2). The interest arising therefrom shall be paid into the city treasury.".

SB55-ASA1-AA1,516,19 872. Page 669, line 17: after that line insert:

SB55-ASA1-AA1,516,20 " Section 2003tm. 60.77 (6) (a) of the statutes is amended to read:

SB55-ASA1-AA1,516,24 60.77 (6) (a) Let contracts for any work or purchase that involves an expenditure of $5,000 $15,000 or more to the lowest responsible bidder in the manner prescribed by the commission. Section 66.0901 applies to contracts let under this paragraph.".

SB55-ASA1-AA1,517,1 873. Page 669, line 17: after that line insert:

SB55-ASA1-AA1,517,2 " Section 2003sc. 60.323 of the statutes is amended to read:

SB55-ASA1-AA1,517,5 60.323 Compensation when acting in more than one official capacity. Except for offices combined under s. 60.305, no town may compensate a town officer for acting in more than one official capacity or office of the town at the same time.

SB55-ASA1-AA1, s. 2003se Section 2003se. 60.37 (1) of the statutes is amended to read:

SB55-ASA1-AA1,517,12 60.37 (1) General. The town board may employ on a temporary or permanent basis persons necessary to carry out the functions of town government including, subject to sub. (4), any elected officer of the town. The board may establish the qualifications and terms of employment, which may include the residency of the employee. The board may delegate the authority to hire town employees to any town official or employee.

SB55-ASA1-AA1, s. 2003sg Section 2003sg. 60.37 (4) of the statutes is created to read:

SB55-ASA1-AA1,517,21 60.37 (4) Elected officers serving as employees. (a) An elected town officer who also serves as a town employee may be paid an hourly wage for serving as a town employee, not exceeding a total of $5,000 each year. Amounts that are paid under this paragraph may be paid in addition to any amount that an individual receives under s. 60.32 or as a volunteer fire fighter, emergency medical technician, or first responder under s. 66.0501 (4). The $5,000 maximum in this paragraph includes amounts paid to a town board supervisor who is acting as superintendent of highways under s. 81.01 (1).

SB55-ASA1-AA1,517,23 (b) 1. Except as provided in subd. 2., the town meeting shall establish the hourly wage to be paid an elected town officer for serving as a town employee.

SB55-ASA1-AA1,518,3 2. If authorized by the town meeting under s. 60.10 (2) (L), the town board may establish the hourly wage to be paid an elected town officer, other than a town board supervisor, for serving as a town employee.".

SB55-ASA1-AA1,518,4 874. Page 669, line 17: after that line insert:

SB55-ASA1-AA1,518,5 " Section 2003rc. 60.23 (32) of the statutes is created to read:

SB55-ASA1-AA1,518,11 60.23 (32) Town withdrawal from county zoning. (a) Subject to pars. (b) and (c), after December 31, 2003, and before January 1, 2005; after December 31, 2010, and before January 1, 2012; and for one year every 5 years after January 1, 2011, a town board may enact an ordinance withdrawing the town from coverage of a county zoning ordinance that had previously been approved under s. 59.69 (5) (c) and from coverage by a county development plan that has been enacted under s. 59.69 (3) (a).

SB55-ASA1-AA1,518,13 (b) Subject to par. (c), an ordinance enacted under par. (a) may not take effect until all of the following occur:

SB55-ASA1-AA1,518,16 1. Not later than 60 days before enacting an ordinance under par. (a), the town clerk notifies the county clerk, in writing, of the town's intent to enact an ordinance under par. (a).

SB55-ASA1-AA1,518,19 2. The town enacts a zoning ordinance under s. 60.62, a comprehensive plan under s. 66.1001, and an official map under s. 62.23 (6), and the town clerk sends certified copies of such documents to the county clerk.

SB55-ASA1-AA1,518,24 (c) A zoning ordinance enacted under s. 60.62, a comprehensive plan enacted under s. 66.1001, and an official map established under s. 62.23 (6), that are enacted in conjunction with an ordinance enacted under par. (a), shall all take effect on the first day of the 3rd month beginning after certified copies of the documents are sent to the county clerk under par. (b) 2.

SB55-ASA1-AA1, s. 2003te Section 2003te. 60.62 (1) of the statutes is amended to read:

SB55-ASA1-AA1,519,6 60.62 (1) Subject to subs. (2), (3) and (4), if a town board has been granted authority to exercise village powers under s. 60.10 (2) (c), the board may adopt zoning ordinances under s. 61.35, except that after December 31, 2003, a town board may adopt zoning ordinances under s. 61.35 without being granted the authority to exercise village powers.

SB55-ASA1-AA1, s. 2003tf Section 2003tf. 60.62 (2) of the statutes is amended to read:

SB55-ASA1-AA1,519,12 60.62 (2) If the county in which the town is located has enacted a zoning ordinance under s. 59.69, the exercise of the authority under sub. (1) before January 1, 2004, is subject to approval by the town meeting or by a referendum vote of the electors of the town held at the time of any regular or special election. The question for the referendum vote shall be filed as provided in s. 8.37.

SB55-ASA1-AA1, s. 2003tg Section 2003tg. 60.62 (3) of the statutes is amended to read:

SB55-ASA1-AA1,519,17 60.62 (3) In counties having a county zoning ordinance, no zoning ordinance or amendment of a zoning ordinance may be adopted under this section unless approved by the county board, except that this subsection does not apply to a town that has withdrawn from county zoning under s. 60.23 (32).

SB55-ASA1-AA1, s. 2003th Section 2003th. 60.62 (5) of the statutes is created to read:

SB55-ASA1-AA1,519,23 60.62 (5) (a) Subject to par. (b), not later than 60 days before a town board that wishes to withdraw from county zoning and the county development plan may enact an ordinance under s. 60.23 (32), the town board shall enact a zoning ordinance under this section, an official map under s. 62.23 (6), and a comprehensive plan under s. 66.1001.

SB55-ASA1-AA1,520,2 (b) The zoning ordinance and comprehensive plan enacted under par. (a) shall be consistent with each other and the zoning ordinance shall be at least as restrictive as the county zoning ordinance that applies to the town on January 1 of the year before the year in which the town board enacts the ordinance under s. 60.23 (32).

SB55-ASA1-AA1,520,10 (c) If a town receives notification under s. 59.69 (5m) that the county board has repealed its zoning ordinances and development plan, the town board shall enact a zoning ordinance under this section, an official map under s. 62.23 (6), and a comprehensive plan under s. 66.1001, all of which take effect on the effective date of the county's repeal of its zoning ordinance and development plan. An ordinance and comprehensive plan enacted under this paragraph shall be consistent with each other and the zoning ordinance shall be at least as restrictive as the county zoning ordinance that is in effect on the day before the repeal takes effect.".

SB55-ASA1-AA1,520,11 875. Page 669, line 17: after that line insert:

SB55-ASA1-AA1,520,12 " Section 2003wb. 60.62 (2) of the statutes is amended to read:

SB55-ASA1-AA1,520,17 60.62 (2) If the county in which the town is located has enacted a zoning ordinance under s. 59.69, the exercise of the authority under sub. (1) is subject to approval by the town meeting or by a referendum vote of the electors of the town to be held at the time of any regular or special election in accordance with s. 8.065. The question for the referendum vote shall be filed as provided in s. 8.37.

SB55-ASA1-AA1, s. 2003wg Section 2003wg. 60.74 (5) (b) of the statutes is amended to read:

SB55-ASA1-AA1,521,6 60.74 (5) (b) A petition conforming to the requirements of s. 8.40 signed by qualified electors of the district equal to at least 20% of the vote cast for governor in the district at the last gubernatorial election, requesting a change to appointment of commissioners, may be submitted to the town board, subject to sub. (5m) (a). The petition shall be filed as provided in s. 8.37. Upon receipt of the petition, the town board shall submit the question to a referendum at the next regular spring election or general election, or shall call a special election for that purpose authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45 days after receipt of the petition by the town board. The inspectors shall count the votes and submit a statement of the results to the commission. The commission shall canvass the results of the election and certify the results to the town board which has authority to appoint commissioners.

SB55-ASA1-AA1, s. 2003wi Section 2003wi. 61.187 (1) of the statutes is amended to read:

SB55-ASA1-AA1,521,17 61.187 (1) Procedure. Whenever a petition conforming to the requirements of s. 8.40, signed by at least one-third as many electors of any village as voted for village officers at the next preceding election therefor, shall be presented to the village board, and filed as provided in s. 8.37, praying for dissolution of the village corporation, such board shall submit to the electors of such village, for determination by ballot in substantially the manner provided by ss. 5.64 (2) and 10.02, at a general election or at a special election called by them for that purpose the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45 days after presentation of the petition, the question whether or not such village corporation shall be dissolved.

SB55-ASA1-AA1, s. 2003wk Section 2003wk. 61.46 (1) of the statutes is amended to read:

SB55-ASA1-AA1,522,6 61.46 (1) General; limitation. The village board shall, on or before December 15 in each year, by resolution to be entered of record, determine the amount of corporation taxes to be levied and assessed on the taxable property in such village for the current year. Before levying any tax for any specified purpose, exceeding one percent of the assessed valuation aforesaid, the village board shall, and in all other cases may in its discretion, submit the question of levying the same to the village electors at any general or special the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held no sooner than 45 days after adoption of the resolution by giving 10 days' notice thereof prior to such election by publication in a newspaper published in the village, if any, and if there is none, then by posting notices in 3 public places in said village, setting forth in such notices the object and purposes for which such taxes are to be raised and the amount of the proposed tax. The village board shall file the question as provided in s. 8.37.

SB55-ASA1-AA1, s. 2003wn Section 2003wn. 62.09 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,522,19 62.09 (1) (a) The officers shall be a mayor, treasurer, clerk, comptroller, attorney, engineer, one or more assessors unless the city is assessed by a county assessor under s. 70.99, one or more constables as determined by the common council, a local health officer, as defined in s. 250.01 (5), or local board of health, as defined in s. 250.01 (3), street commissioner, board of police and fire commissioners except in cities where not applicable, chief of police, chief of the fire department, board of public works, 2 alderpersons from each aldermanic district, and such other officers or boards as are created by law or by the council. If one alderperson from each aldermanic district is provided under s. 66.0211 (1), the council may, by ordinance adopted by a two-thirds vote of all its members and approved by the electors at a general or special any election authorized under s. 8.065, provide that there shall be 2 alderpersons from each aldermanic district.".

SB55-ASA1-AA1,522,20 876. Page 669, line 17: after that line insert:

SB55-ASA1-AA1,522,21 " Section 2003tc. 60.61 (4) (b) of the statutes is amended to read:

SB55-ASA1-AA1,523,14 60.61 (4) (b) Before the town board may adopt an ordinance under sub. (2), the town zoning committee shall recommend zoning district boundaries and appropriate regulations and restrictions for the districts. In carrying out its duties, the town zoning committee shall develop a preliminary report and hold a public hearing on the report before submitting a final report to the town board. The town zoning committee shall give notice of the public hearing on the preliminary report and of the time and place of the public hearing on the report by a class 2 notice under ch. 985. If the town zoning committee makes a substantial change in its report following the public hearing, it shall hold another public hearing on the report. After the final report of the town zoning committee is submitted to the town board, the board may adopt an ordinance under sub. (2) following a public hearing held by the board on the proposed ordinance. The town board shall give notice of the public hearing on the proposed ordinance and of the time and place of the public hearing on the ordinance by a class 2 notice under ch. 985. If the proposed ordinance has the effect of changing the allowable use of any property, the notice shall include either a map showing the property affected by the ordinance or a description of the property affected by the ordinance and a statement that a map may be obtained from the town board.

SB55-ASA1-AA1, s. 2003td Section 2003td. 60.61 (4) (c) 1. of the statutes is amended to read:

SB55-ASA1-AA1,524,3 60.61 (4) (c) 1. After the town board has adopted a town zoning ordinance, the board may alter, supplement, or change the boundaries or regulations established in the ordinance if a public hearing is held on the revisions. The board shall give notice of any proposed revisions in the zoning ordinance and of the time and place of the public hearing on them by a class 2 notice under ch. 985. If the proposed amendment would have the effect of changing the allowable use of any property, the notice shall include either a map showing the property affected by the amendment or a description of the property affected by the amendment and a statement that a map may be obtained from the town board. The board shall allow any interested person to testify at the hearing. If any proposed revision under this subdivision would make any change in an airport affected area, as defined in s. 62.23 (6) (am) 1. b., the board shall mail a copy of such notice to the owner or operator of the airport bordered by the airport affected area.

SB55-ASA1-AA1, s. 2003te Section 2003te. 60.61 (4) (e) of the statutes is created to read:

SB55-ASA1-AA1,524,15 60.61 (4) (e) The town board shall maintain a list of persons who submit a written request to receive notice of any proposed ordinance or amendment that affects the allowable use of the person's property. If the town zoning committee completes a final report on a proposed zoning ordinance and the town board is prepared to vote on the proposed ordinance under par. (b) or if the town board is prepared to vote on a proposed amendment under par. (c) 1., the town board shall send a notice, which contains a copy of the proposed ordinance or amendment, to each person on the list. The notice shall be by mail, electronic mail, or in any reasonable form that is agreed to by the person and the town board. The town board may charge each person on the list a fee for the notice of $12 each year or an annual fee that does not exceed the approximate cost of providing the notice to the person.

SB55-ASA1-AA1, s. 2003x Section 2003x. 62.23 (3) (b) of the statutes is amended to read:

SB55-ASA1-AA1,525,8 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. Any treatment of the master plan shall indicate, in the form of descriptive material, reports, charts, diagrams, or maps, any effect the treatment will have on changing the allowable use of any property. 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 by the identifying signature of the secretary of the commission, and a copy of the plan or part thereof shall be certified to the common council. The purpose and effect of the adoption and certifying of the master plan or part thereof shall be solely to aid the city plan commission and the council in the performance of their duties.