Amendment SSA1-SB21

SB21-SSA1,611,7 66.0216 (6) Action. No action to contest the validity of an incorporation under this section on any grounds, whether procedural or jurisdictional, may be commenced after 60 days from the date of issuance of the certificate of incorporation by the secretary of state administration. In any such action, the burden of proof as to all issues is upon the person bringing the action to show that the incorporation is not valid. An action contesting an incorporation shall be given preference in the circuit court.

SB21-SSA1,1959e Section 1959e. 66.02162 of the statutes is created to read:

SB21-SSA1,611,14 66.02162 Incorporation of certain towns contiguous to 3rd class cities. (1) Conditions. A town board may initiate the procedure for incorporating its town as a village under this section by adopting a resolution providing for a referendum by the electors of the town on the question of whether the town should become a village if on the date of the adoption of the resolution all of the following conditions are satisfied:

SB21-SSA1,611,16 (a) The most recent federal decennial census shows that the resident population of the town exceeds 6,300.

SB21-SSA1,611,17 (b) The town is contiguous to a 3rd class city.

SB21-SSA1,611,19 (c) The most recent data available from the department of revenue show that the equalized value for the town exceeds $600,000,000.

SB21-SSA1,611,22 (d) In one of the 5 years before the year in which the town board adopts the resolution, the town's equalized value increased more than 7 percent, compared to the town's equalized value for the prior year.

SB21-SSA1,611,23 (e) The town board of the town is authorized to exercise village powers.

SB21-SSA1,611,25 (f) The town has entered into, and is bound by, at least 2 separate cooperative boundary agreements under s. 66.0307 with at least 2 municipalities.

SB21-SSA1,612,2 (g) The town has created at least one tax incremental financing district as authorized under s. 60.23 (32).

SB21-SSA1,612,4 (h) The town has established at least one town sanitary district under subch. IX of ch. 60.

SB21-SSA1,612,6 (2) Referendum resolution. The resolution of the town board required under sub. (1) shall do all of the following:

SB21-SSA1,612,7 (a) Certify that all of the conditions under sub. (1) are satisfied.

SB21-SSA1,612,10 (b) Contain a description of the territory to be incorporated sufficiently accurate to determine its location and a statement that a scale map reasonably showing the boundaries of the territory is on file with the town clerk.

SB21-SSA1,612,12 (c) Determine the numbers and boundaries of each ward of the proposed village, conforming to the requirements of s. 5.15 (1) and (2).

SB21-SSA1,612,14 (d) Determine the date of the referendum, which may not be earlier than 6 weeks after the adoption of the resolution.

SB21-SSA1,612,20 (3) Notice of referendum. The town clerk shall publish the resolution adopted under sub. (1) in a newspaper published in the town. If no newspaper is published in the town, the town clerk shall publish the resolution in a newspaper designated in the resolution. The town clerk shall publish the resolution once a week for 4 successive weeks, the first publication to be not more than 4 weeks before the referendum.

SB21-SSA1,613,2 (4) Voting procedure. The referendum shall be conducted in the same manner as elections for town board supervisors. The question appearing on the ballot shall be: "Shall the town of .... become a village?" Below the question shall appear 2 squares. To the left of one square shall appear the words "For a village," and to the left of the other square shall appear the words "Against a village." The inspectors shall make a return to the town clerk.

SB21-SSA1,613,13 (5) Certificate of incorporation. If a majority of the votes are cast in favor of a village, the town clerk shall certify that fact to the secretary of state, together with 4 copies of a description of the legal boundaries of the town, and 4 copies of a plat of the town. The town clerk shall also send the secretary of state an incorporation fee of $1,000. Upon receipt of the town clerk's certification, the incorporation fee, and other required documents, the secretary of state shall issue a certificate of incorporation and record the certificate in a book kept for that purpose. The secretary of state shall provide 2 copies of the description and plat to the department of transportation and one copy to the department of revenue. The town clerk shall also transmit a copy of the certification and the resolution under sub. (1) to the county clerk.

SB21-SSA1,613,19 (6) Action. No action to contest the validity of an incorporation under this section on any grounds, whether procedural or jurisdictional, may be commenced after 60 days from the date of issuance of the certificate of incorporation by the secretary of state. In any such action, the burden of proof as to all issues is upon the person bringing the action to show that the incorporation is not valid. An action contesting an incorporation shall be given preference in the circuit court.

SB21-SSA1,613,22 (7) Village powers. A village incorporated under this section is a body corporate and politic, with the powers and privileges of a municipal corporation at common law and conferred by ch. 61.

SB21-SSA1,613,25 (8) Existing ordinances. Ordinances in force in the territory or any part of the territory, to the extent not inconsistent with this section or ch. 61, continue in force until altered or repealed.

SB21-SSA1,614,7 (9) Existing intergovernmental and cooperative boundary agreements. Intergovernmental cooperation agreements entered into under s. 66.0301 and cooperative boundary agreements approved under s. 66.0307, to which a town incorporating under this section is a party, that are still in effect on the effective date of the incorporation, shall continue in force until altered or repealed, to the extent allowed under the agreements. When incorporated under this section, a village shall be considered the town's successor with respect to such agreements.

SB21-SSA1,614,10 (10) Interim officers, first village election. Section 66.0215 (8) and (9), as it applies to a town that is incorporated as a city under s. 66.0215, applies to a town that is incorporated as a village under this section.

SB21-SSA1,614,11 (11) Sunset. This section does not apply after June 30, 2020.

SB21-SSA1,1960 Section 1960. 66.0217 (9) (a) of the statutes is amended to read:

SB21-SSA1,615,4 66.0217 (9) (a) The clerk of a city or village which has annexed territory shall file immediately with the secretary of state administration a certified copy of the ordinance, certificate and plat, and shall send one copy to each company that provides any utility service in the area that is annexed. The city or village shall also file with the county clerk or board of election commissioners the report required by s. 5.15 (4) (bg). The clerk shall record the ordinance with the register of deeds and file a signed copy of the ordinance with the clerk of any affected school district. Failure to file, record or send does not invalidate the annexation and the duty to file, record or send is a continuing one. The ordinance that is filed, recorded or sent shall describe the annexed territory and the associated population. The information filed with the secretary of state administration shall be utilized in making recommendations for adjustments to entitlements under the federal revenue sharing program and distribution of funds under ch. 79. The clerk shall certify annually to the secretary of state administration and record with the register of deeds a legal description of the total boundaries of the municipality as those boundaries existed on December 1, unless there has been no change in the 12 months preceding.

SB21-SSA1,1961 Section 1961. 66.0217 (9) (b) of the statutes is amended to read:

SB21-SSA1,615,13 66.0217 (9) (b) Within 10 days of receipt of the ordinance, certificate and plat, the secretary of state administration shall forward 2 copies of the ordinance, certificate and plat to the department of transportation, one copy to the department of administration, one copy to the department of revenue, one copy to the department of public instruction, one copy to the department, one copy to the department of natural resources, one copy to the department of agriculture, trade and consumer protection and 2 copies to the clerk of the municipality from which the territory was annexed.

SB21-SSA1,1962 Section 1962. 66.0219 (7) of the statutes is amended to read:

SB21-SSA1,615,19 66.0219 (7) Appeal. An appeal from the order of the circuit court is limited to contested issues determined by the circuit court. An appeal shall not stay the conduct of the referendum election, if one is ordered, but the statement of the election results and the copies of the certificate and plat may not be filed with the secretary of state administration until the appeal has been determined.

SB21-SSA1,1963 Section 1963. 66.0221 (1) of the statutes is amended to read:

SB21-SSA1,616,18 66.0221 (1) Upon its own motion and subject to sub. (3) and ss. 66.0301 (6) (d) and 66.0307 (7), 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 that are 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 with the secretary of state administration, together with 6 copies of a scale map. The city or village shall also file with the county clerk or board of election commissioners the report required by s. 5.15 (4) (bg). The secretary of state administration shall forward 2 copies of the ordinance and scale map to the department of transportation, one copy to the department of natural resources, one copy to the department of revenue and one copy to the department of administration. 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 on the land. No town island may be annexed under this subsection if the island consists of over 65 acres or contains over 100 residents. Section 66.0217 (11) applies to annexations under this subsection. Except as provided in sub. (2), after December 2, 1973, no city or village may, by annexation, create a town area which is completely surrounded by the city or village.

SB21-SSA1,1964 Section 1964. 66.0223 (1) of the statutes is amended to read:

SB21-SSA1,617,13 66.0223 (1) In addition to other methods provided by law and subject to sub. (2) and ss. 66.0301 (6) (d) and 66.0307 (7), territory owned by and lying near but not necessarily contiguous to a village or city may be annexed to a village or city by ordinance enacted by the board of trustees of the village or the common council of the city, provided that in the case of noncontiguous territory the use of the territory by the city or village is not contrary to any town or county zoning regulation. The ordinance shall contain the exact description of the territory annexed and the names of the towns from which detached, and attaches the territory to the village or city upon the filing of 7 certified copies of the ordinance in the office of with the secretary of state administration, together with 7 copies of a plat showing the boundaries of the territory attached. The city or village shall also file with the county clerk or board of election commissioners the report required by s. 5.15 (4) (bg). Two copies of the ordinance and plat shall be forwarded by the secretary of state administration to the department of transportation, one copy to the department of administration, one copy to the department of natural resources, one copy to the department of revenue and one copy to the department of public instruction. Within 10 days of filing the certified copies, a copy of the ordinance and plat shall be mailed or delivered to the clerk of the county in which the annexed territory is located. Sections 66.0203 (8) (c) and 66.0217 (11) apply to annexations under this section.

SB21-SSA1,1965 Section 1965. 66.0227 (5) of the statutes is amended to read:

SB21-SSA1,617,17 66.0227 (5) The ordinance, certificate and plat shall be filed and recorded in the same manner as annexations under s. 66.0217 (9) (a). The requirements for the secretary of state administration are the same as in s. 66.0217 (9) (b).

SB21-SSA1,1966 Section 1966. 66.0231 of the statutes is amended to read:

SB21-SSA1,618,10 66.0231 Notice of certain litigation affecting municipal status or boundaries. If a proceeding under ss. 61.187, 61.189, 61.74, 62.075, 66.0201 to 66.0213, 66.0215, 66.0216, 66.02162, 66.0217, 66.0221, 66.0223, 66.0227, 66.0301 (6), or 66.0307 or other sections relating to an incorporation, annexation, consolidation, dissolution or detachment of territory of a city or village is contested by instigation of legal proceedings, the clerk of the city or village involved in the proceedings shall file with the secretary of state administration 4 copies of a notice of the commencement of the action. The clerk shall file with the secretary of state administration 4 copies of any judgments rendered or appeals taken in such cases. The notices or copies of judgments that are required under this section may also be filed by an officer or attorney of any party of interest. If any judgment has the effect of changing the municipal boundaries, the city or village clerk shall also file with the county clerk or board of election commissioners the report required by s. 5.15 (4) (bg). The secretary of state administration shall forward to the department of transportation 2 copies and to the department of revenue and the department of administration one copy each of any notice of action or judgment filed with the secretary of state administration under this section.

SB21-SSA1,1966m Section 1966m. 66.0301 (1) (a) of the statutes is amended to read:

SB21-SSA1,619,3 66.0301 (1) (a) Except as provided in pars. (b) and (c), in this section "municipality" means the state or any department or agency thereof, or any city, village, town, county, or school district, the opportunity schools and partnership programs under subch. IX of ch. 115 and subch. II of ch. 119, the superintendent of schools opportunity schools and partnership program under s. 119.33, or any 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, long-term 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, regional planning commission, housing authority created under s. 66.1201, redevelopment authority created under s. 66.1333, community development authority created under s. 66.1335, or city-county health department.

SB21-SSA1,1969 Section 1969. 66.0301 (6) (e) of the statutes is amended to read:

SB21-SSA1,619,12 66.0301 (6) (e) A boundary change included in an agreement under this subsection shall be accomplished by the enactment of an ordinance by the governing body designated to do so in the agreement. 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 administration under s. 66.0217 (9) (b), as they apply under that section, apply to the secretary of state administration when he or she receives an ordinance that is filed under this subsection.

SB21-SSA1,1969ab Section 1969ab. 66.0304 (4) (a) of the statutes is amended to read:

SB21-SSA1,619,15 66.0304 (4) (a) Adopt and amend bylaws, policies, and procedures for the regulation of its affairs and the conduct of its business.

SB21-SSA1,1969am Section 1969am. 66.0304 (4) (c) of the statutes is amended to read:

SB21-SSA1,619,19 66.0304 (4) (c) Acquire, buy, own, operate, sell, lease as lessor or lessee, encumber, mortgage, hypothecate, pledge, assign, gift, or otherwise transfer any property or interest in property that is located within or outside of this state.

SB21-SSA1,1969b Section 1969b. 66.0304 (4) (f) of the statutes is amended to read:

SB21-SSA1,619,23 66.0304 (4) (f) Employ or appoint agents, employees, finance professionals, counsel, and special advisers as the commission finds necessary and fix their compensation.

SB21-SSA1,1969c Section 1969c. 66.0304 (4) (p) of the statutes is amended to read:

SB21-SSA1,620,6 66.0304 (4) (p) Purchase bonds issued by or on behalf of, or held by, any participant, any state or a department, authority, or agency of such a state, or any political subdivision, or a subunit of the political subdivision, or the federal government, or a subunit of the federal government. Bonds purchased under this paragraph may be held by the commission or sold, in whole or in part, separately or together with other bonds issued by the commission.

SB21-SSA1,1969e Section 1969e. 66.0304 (4e) of the statutes is created to read:

SB21-SSA1,621,2 66.0304 (4e) Creation of nonprofit corporation. A commission may create one or more nonprofit corporations of which the commission is the sole member or may appoint or veto appointments to the governing board, provided that the purpose of the nonprofit corporation is to carry out or assist a commission in carrying out all or part of the commission's purposes or powers. A nonprofit corporation created under this subsection may exercise any power that a commission may exercise and it may be created under ch. 181 or under the laws of any state or territory of the United States. A nonprofit corporation created under this subsection is subject to the same exemptions and immunities that apply to a commission under this section. A nonprofit corporation created under this subsection, and a commission, may make loans to, borrow money from, and acquire or assign or transfer property to or from, one another. A nonprofit corporation created under this subsection is a legal entity that is separate and distinct from the commission, and its assets and liabilities may not be consolidated or commingled with those of a commission. A commission may not be held accountable for the actions, omissions, debts, or liabilities of any nonprofit corporation created under this subsection. A nonprofit corporation created under this subsection may not be held accountable for the actions, omissions, debts, or liabilities of the commission that creates it, or of any other nonprofit corporation created under this subsection.

SB21-SSA1,1969f Section 1969f. 66.0304 (5) (a) 1. of the statutes is amended to read:

SB21-SSA1,621,5 66.0304 (5) (a) 1. The face form of the bond shall include the date of issuance and the date of maturity.

SB21-SSA1,1969g Section 1969g. 66.0304 (5) (a) 2. of the statutes is amended to read:

SB21-SSA1,621,8 66.0304 (5) (a) 2. The face form of the bond shall include the statements required under subs. (9) (c) and (11) (d).

SB21-SSA1,1969h Section 1969h. 66.0304 (5) (ae) of the statutes is created to read:

SB21-SSA1,621,14 66.0304 (5) (ae) A bond resolution may provide that the facsimile, electronic, or digital signature of any person authorized to execute documents, including bonds, on behalf of the commission shall be considered to be the legal equivalent of a manual signature on specified documents or all documents, and such signatures are valid and binding for all purposes.

SB21-SSA1,1969i Section 1969i. 66.0304 (5) (am) (intro.) of the statutes is amended to read:

SB21-SSA1,621,23 66.0304 (5) (am) (intro.) Notwithstanding par. (a), as an alternative to specifying the matters required to be specified in the bond resolution under par. (a), the resolution may specify members of the board or officers or employees of the commission, by name or position, to whom the commission delegates authority to determine which of the matters under specified par. (a), and any other matters that the commission deems appropriate, for inclusion in the trust agreement, indenture, or other agreement providing for issuance of the bonds as finally executed. A resolution under this paragraph shall specify at least all of the following:

SB21-SSA1,1961im Section 1961im. 66.0304 (5) (b) 1. of the statutes is amended to read:

SB21-SSA1,622,2 66.0304 (5) (b) 1. Early mandatory or optional redemption or purchase in lieu of redemption or tender, as provided in the resolution.

SB21-SSA1,1969j Section 1969j. 66.0304 (5) (b) 3. of the statutes is amended to read:

SB21-SSA1,622,7 66.0304 (5) (b) 3. A trust agreement or indenture , or other agreement providing for issuance of the bonds, containing any terms, conditions, and covenants that the commission determines to be necessary or appropriate, but such terms, conditions, and covenants may not be in conflict with the resolution.

SB21-SSA1,1969k Section 1969k. 66.0304 (6) (e) of the statutes is repealed.

SB21-SSA1,1969L Section 1969L. 66.0304 (7) (a) of the statutes is amended to read:

SB21-SSA1,622,20 66.0304 (7) (a) The commission may secure bonds by a trust agreement or, indenture by and between the commission and one or more corporate trustees, or other agreement providing for the issuance of the bonds. A bond resolution, trust agreement, or indenture, or other agreement providing for the issuance of the bonds may contain provisions for pledging the pledge or assignment by the commission of properties, revenues, and other tangible or intangible collateral, including contractual rights; holding and disbursing funds; protecting and enforcing the rights and remedies of bondholders; restricting individual rights of action by bondholders; and amendments, and any other provisions the commission determines to be reasonable and proper for the security of the bondholders or contracts entered into under this section in connection with the bonds.

SB21-SSA1,1969m Section 1969m. 66.0304 (8) of the statutes is amended to read:

SB21-SSA1,623,2 66.0304 (8) No personal liability. No board member director, officer, employee, or agent of the commission, of any member, or of a corporation created under sub. (4e), is liable personally on the bonds or any contract entered into by the commission or corporation, or subject to any personal liability or accountability by reason of the contract or the issuance of the bonds, unless the personal liability or accountability is the result of the willful misconduct of such person.

SB21-SSA1,1969n Section 1969n. 66.0304 (9) (b) of the statutes is amended to read:

SB21-SSA1,623,9 66.0304 (9) (b) The state and the political subdivisions who are parties to the agreement creating a commission under this section , the members, and political subdivisions approving financing under sub. (11) (a) are not liable on bonds or any other contract entered into under this section, or for any other debt, obligation, or liability of the commission or a corporation created under sub. (4e), whether in tort, contract, or otherwise.

SB21-SSA1,1969p Section 1969p. 66.0304 (9) (c) of the statutes is amended to read:

SB21-SSA1,623,21 66.0304 (9) (c) The bonds are not a debt of the state or the political subdivisions contracting to create a commission under this section, the members, or political subdivisions approving financing under sub. (11) (a). A bond issue under this section does not obligate the state or a political subdivision to levy any tax or make any appropriation for payment of the bonds. All bonds issued by a commission are payable solely from the funds pledged for their payment in accordance with the bond resolution or, trust agreement or, indenture, or other agreement providing for their issuance. All bonds shall contain, on their face, a statement regarding the obligations of the state, the political subdivisions who are parties to the agreement creating the commission, the members, the political subdivisions approving financing under sub. (11) (a), and the commission as set forth in this paragraph.

SB21-SSA1,1969pe Section 1969pe. 66.0304 (9) (d) of the statutes is created to read:

SB21-SSA1,624,3 66.0304 (9) (d) Projects not located in this state that are financed or refinanced by bonds of a commission, including any project owned, operated, leased from or to, or otherwise controlled by, a participant or by the commission, are not considered public projects of this state, and are not subject to procurement, contracting, construction, tax, acquisition, construction, or improvements laws of this state that are applicable to public projects.

SB21-SSA1,1969q Section 1969q. 66.0304 (10) (b) of the statutes is amended to read:

SB21-SSA1,624,9 66.0304 (10) (b) A commission shall maintain an accounting system in accordance with generally accepted accounting principles and shall have its financial statements and debt covenants audited annually by an independent certified public accountant, except that the commission by a unanimous vote may decide to have an audit performed under this paragraph every 2 years.

SB21-SSA1,1969r Section 1969r. 66.0304 (11) (a) of the statutes is renumbered 66.0304 (11) (a) 1. and amended to read:

SB21-SSA1,624,22 66.0304 (11) (a) 1. A Except as provided in subd. 2., the commission may not issue bonds to finance a capital improvement project in this state or in any state or territory of the United States unless a political subdivision within whose boundaries the project is to be located has approved the financing of the project. A commission may not issue bonds to finance a capital improvement project in this state unless all of the political subdivisions within whose boundaries the project is to be located has approved the financing of the project. An approval under this paragraph subdivision may be made by the governing body of the political subdivision or by its designee or, except for a 1st class city in this state or a county in which such a 1st class city is located, by the highest ranking executive or administrator elected official of the political subdivision or by his or her designee.

SB21-SSA1,1969s Section 1969s. 66.0304 (11) (a) 2. of the statutes is created to read:

SB21-SSA1,625,3 66.0304 (11) (a) 2. Except for financing a capital improvement project in a 1st class city in this state or in a county in which such a city is located, the commission may issue bonds to finance a capital improvement project without receiving the approval under subd. 1. if the financing is approved in accordance with section 147 (f) of the Internal Revenue Code.

SB21-SSA1,1969t Section 1969t. 66.0304 (11) (a) 3. of the statutes is created to read:

SB21-SSA1,625,7 66.0304 (11) (a) 3. Bonds issued under this section are not considered issued for the purpose of financing a capital improvement project if the bond proceeds are used for any of the following purposes:

SB21-SSA1,625,9 a. To finance a project that is placed in service for federal tax purposes prior to the commission issuing the bonds.

SB21-SSA1,625,11 b. To finance the acquisition of a project if no more than 10 percent of the bond proceeds are used to finance the construction of capital improvements.

SB21-SSA1,625,13 c. To finance acquiring bonds from a different issuer and those bonds are used or were used to finance a capital improvement project.

SB21-SSA1,625,15 d. To acquire leases or contracts from a 3rd party provider of capital improvement projects.

SB21-SSA1,1969u Section 1969u. 66.0304 (11) (bm) of the statutes is amended to read: