SB639: Bill Text

SB639, s. 493 Section 493. 60.62 (2) of the statutes is amended to read:

SB639,337,21 60.62 (2) If the county in which the town is located has adopted enacted a zoning ordinance under s. 59.97 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 held at the time of any regular or special election.

SB639, s. 494 Section 494. 60.627 (2) (b) of the statutes is amended to read:

SB639,337,25 60.627 (2) (b) A county ordinance enacted under s. 59.974 59.693 does not apply and has no effect in a town in which an ordinance enacted under this section is in effect.

SB639, s. 495 Section 495. 60.65 (5) of the statutes is amended to read:

SB639,338,5 60.65 (5) Exercise of county board of adjustment powers. Boards of adjustment under town zoning ordinances shall have the powers and duties provided for boards of adjustment under s. 59.99 59.694 and shall carry out their duties in the manner provided for boards of adjustment by s. 59.99 59.694.

SB639, s. 496 Section 496. 61.351 (1) (a) of the statutes is amended to read:

SB639,338,8 61.351 (1) (a) "Shorelands" has the meaning specified under s. 59.971 (1) 59.692 (1) (b).

SB639, s. 497 Section 497. 62.231 (1) (a) of the statutes is amended to read:

SB639,338,11 62.231 (1) (a) "Shorelands" has the meaning specified under s. 59.971 (1) 59.692 (1) (b).

SB639, s. 498 Section 498. 63.01 (2) of the statutes is amended to read:

SB639,338,24 63.01 (2) Except as provided under s. 59.031 59.17 (2) (c), the chairperson of the board of supervisors of any county, within 30 days after ss. 63.01 to 63.16 become applicable thereto, shall appoint the members of the commission, designating the term of office of each. The appointment and designation shall be subject to confirmation by the board of supervisors. Of the persons first appointed one shall hold for one year, one for 2 years, one for 3 years, one for 4 years, and one for 5 years from the first day of January next following appointment, and until a successor is appointed and qualifies. In the month of December of each year, immediately preceding the expiration of the term of office of any commissioner, the board of supervisors shall elect one member of the commission to hold office for the term of 5 years, from the first day of January next succeeding the appointment and until a successor is elected and qualifies.

SB639, s. 499 Section 499. 63.02 (2) of the statutes is amended to read:

SB639,339,8 63.02 (2) The director of personnel shall cause the minutes of its proceedings to be taken and fully transcribed. The original transcribed copy shall be the official minutes of such proceedings and shall be open and available for public inspection. The director of personnel shall preserve all reports made to the commission, keep a record of all examinations held under its direction and perform such other duties as the commission may from time to time prescribe. The director of personnel shall be appointed by the county executive in the unclassified civil service and is subject to confirmation by the county board, as provided in s. 59.031 59.17 (2) (bm).

SB639, s. 500 Section 500. 63.03 (2) (y) of the statutes is amended to read:

SB639,339,12 63.03 (2) (y) Any position of general manager under s. 27.03 (2), director under s. 46.21 (1m) (a), department director under s. 59.035 59.52 (1), director of personnel under s. 63.02 (2) or county highway commissioner under s. 83.01 (1).

SB639, s. 501 Section 501. 66.012 (7) (b) of the statutes is amended to read:

SB639,339,16 66.012 (7) (b) A county shoreland zoning ordinance enacted under s. 59.971 59.692 that is in force in any part of the territory shall continue in force until altered under s. 59.971 59.692 (7) (ad).

SB639, s. 502 Section 502. 66.014 (10) of the statutes is amended to read:

SB639,339,20 66.014 (10) Existing ordinances. A county shoreland zoning ordinance enacted under s. 59.971 59.692 that is in force in any part of the territory shall continue in force until altered under s. 59.971 59.692 (7) (ad).

SB639, s. 503 Section 503. 66.019 (2) (b) of the statutes is amended to read:

SB639,339,24 66.019 (2) (b) A county shoreland zoning ordinance enacted under s. 59.971 59.692 that is in force in any part of the territory shall continue in force until altered under s. 59.971 59.692 (7) (ad).

SB639, s. 504 Section 504. 66.021 (7) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,340,17 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 development that the proposed annexation is against the public interest. Subject to s. 59.971 59.692 (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 59.69 (7).

SB639, s. 505 Section 505. 66.023 (3) (e) of the statutes is amended to read:

SB639,340,22 66.023 (3) (e) Content of plan; compatibility with existing law. The cooperative plan shall describe how the plan is consistent with current state and federal laws, county shoreland zoning ordinances under s. 59.971 59.692, municipal regulations and administrative rules that apply to the territory affected by the plan.

SB639, s. 506 Section 506. 66.023 (4) (a) 4. of the statutes is amended to read:

SB639,340,25 66.023 (4) (a) 4. Any county zoning agency under s. 59.97 59.69 (2) or regional planning commission whose jurisdiction includes a participating municipality.

SB639, s. 507 Section 507. 66.023 (4) (c) of the statutes, as affected by 1995 Wisconsin Act 35, is amended to read:

SB639,341,14 66.023 (4) (c) Comment on plan. Any person may comment on the plan during the hearing and may submit written comments before, at or within 20 days following the hearing. All comments shall be considered by each participating municipality. Any county zoning agency under s. 59.97 59.69 (2) or regional planning commission whose jurisdiction includes any participating municipality shall comment in writing on the plan's effect on the master plan adopted by the regional planning commission under s. 66.945 (9), or development plan adopted by the county board or county planning agency under s. 59.97 59.69 (3), and on the delivery of municipal services, and may comment on any other aspect of the plan. Any county in the regional planning commission's jurisdiction may submit comments on the effect of the cooperative plan on the master plan adopted under s. 66.945 (9) and on the delivery of county services or on any other matter related to the plan.

SB639, s. 508 Section 508. 66.024 (5m) of the statutes is amended to read:

SB639,341,24 66.024 (5m) Temporary zoning of area proposed to be annexed. An interim zoning ordinance to become effective only upon approval of the annexation at the referendum election may be enacted by the governing body of the city or village. Subject to s. 59.971 59.692 (7), the 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). The proposed interim zoning ordinance shall be referred to and recommended by the plan commission prior to introduction. Authority to make such temporary classification shall not be effective when the county zoning ordinance prevails during litigation as provided in s. 59.97 59.69 (7).

SB639, s. 509 Section 509. 66.025 of the statutes is amended to read:

SB639,342,14 66.025 Annexation of owned territory. In addition to other methods provided by law and subject to ss. 59.971 59.692 (7) and 66.023 (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 shall operate to attach the territory to the village or city upon the filing of 6 certified copies thereof in the office of the secretary of state, together with 6 copies of a plat showing the boundaries of the territory attached. Two copies of the ordinance and plat shall be forwarded by the secretary of state 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 education.

SB639, s. 510 Section 510. 66.032 (1) (g) of the statutes is amended to read:

SB639,342,19 66.032 (1) (g) "Municipality" means any county with a zoning ordinance under s. 59.97 59.69, any town with a zoning ordinance under s. 60.61, any city with a zoning ordinance under s. 62.23 (7), any 1st class city or any village with a zoning ordinance under s. 61.35.

SB639, s. 511 Section 511. 66.035 of the statutes is amended to read:

SB639,343,6 66.035 Code of ordinances. The governing body of any city, village, town or county may authorize the preparation of a code, or part thereof, of general ordinances of such municipality. Such code, or part thereof, may be adopted enacted by an ordinance referring thereto and may be published in book or pamphlet form and such publication shall be sufficient even though the ordinances contained therein were not published in accordance with ss. 59.09 59.14, 60.80, 61.50 (1) and 62.11 (4) (a). A copy of such code, or part thereof, shall be permanently on file and open to public inspection in the office of the clerk after its adoption enactment and for a period of not less than 2 weeks before its adoption enactment. A code adopted enacted by a county in accordance with the procedure provided in this section prior to April 30, 1965 shall be valid notwithstanding failure to comply with s. 59.09 59.14.

SB639, s. 512 Section 512. 66.038 (3) (a) 1. of the statutes is amended to read:

SB639,343,10 66.038 (3) (a) 1. Except as provided under subd. 2., a county nonmetallic mining reclamation ordinance is applicable to each town within that county and does not require approval of the town board under s. 59.97 59.69 (5) (c).

SB639, s. 513 Section 513. 66.058 (2) (c) of the statutes is amended to read:

SB639,343,16 66.058 (2) (c) In any town in which the town board adopts enacts an ordinance regulating trailers under the provisions of this section and has also adopted enacted and approved a county zoning ordinance under the provisions of s. 59.97 59.69, the provisions of the ordinance which is most restrictive shall apply with respect to the establishment and operation of any trailer camp in said town.

SB639, s. 514 Section 514. 66.058 (3) (d) of the statutes is amended to read:

SB639,343,19 66.058 (3) (d) This section shall not apply where a mobile home park is owned and operated by any county under the provisions of s. 59.07 (13) 59.52 (16) (b).

SB639, s. 515 Section 515. 66.12 (3) (c) of the statutes is amended to read:

SB639,344,2 66.12 (3) (c) The entire amount in excess of $150 of any forfeiture imposed for the violation of any traffic regulation in conformity with ch. 348 shall be transmitted to the county treasurer if the violation occurred on an interstate highway, a state trunk highway or a highway over which the local highway authority does not have primary maintenance responsibility. The county treasurer shall then make payment to the state treasurer as provided in s. 59.20 (8n) 59.25 (3) (L).

SB639, s. 516 Section 516. 66.192 (1) (a) of the statutes is amended to read:

SB639,344,6 66.192 (1) (a) With the office of village president in any village which has boundaries coterminous with the boundaries of any supervisory district established under s. 59.03 59.10 (3).

SB639, s. 517 Section 517. 66.192 (1) (b) of the statutes is amended to read:

SB639,344,11 66.192 (1) (b) With the office of alderperson or council member in any city in which the district from which such alderperson or council member is elected is coterminous with the boundaries of any supervisory district established under s. 59.03 59.10 (3).

SB639, s. 518 Section 518. 66.24 (8) of the statutes is amended to read:

SB639,344,21 66.24 (8) Solid waste management. The district may engage in solid waste management and shall for such purposes have all powers granted to county boards under s. 59.07 (135) 59.70 (2), except acquisition of land by eminent domain, if each county board having jurisdiction over areas to be served by the district has adopted a resolution requesting or approving the involvement of the district in solid waste management. County board approval shall not be required for the management by the district of such solid wastes as are contained within the sewage or storm water transmitted or treated by the district or as are produced as a by-product of sewerage treatment activities.

SB639, s. 519 Section 519. 66.30 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 56, is amended to read:

SB639,345,7 66.30 (1) (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. 59.07 (135) 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, 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.

SB639, s. 520 Section 520. 66.305 (1) of the statutes is amended to read:

SB639,345,14 66.305 (1) Upon the request of any law enforcement agency, including county law enforcement agencies as provided in s. 59.24 59.28 (2), the law enforcement personnel of any other law enforcement agency may assist the requesting agency within the latter's jurisdiction, notwithstanding any other jurisdictional provision. For purposes of ss. 895.35 and 895.46, such law enforcement personnel while acting in response to such request, shall be deemed employes of the requesting agency.

SB639, s. 521 Section 521. 66.31 (1) of the statutes is amended to read:

SB639,345,18 66.31 (1) The area which will be subject to ss. 59.97 59.69 (4g) and (5) (e) 2. and 5m., 60.61 (2) (e) and (4) (c) 1. and 3. and 62.23 (7) (d) 2. and 2m. b. respectively, except that no part of the area may be more than 3 miles from the boundaries of the airport.

SB639, s. 522 Section 522. 66.31 (2) of the statutes is amended to read:

SB639,345,24 66.31 (2) Any requirement related to permitting land use in an airport affected area, as defined in s. 62.23 (6) (am) 1. b., which does not conform to the zoning plan or map under s. 59.97 59.69 (4g), 60.61 (2) (e) or 62.23 (6) (am) 2. A county, town, city or village may adopt city, village, town or county may enact such requirement by ordinance.

SB639, s. 523 Section 523. 66.433 (4) of the statutes is amended to read:

SB639,346,14 66.433 (4) Composition of commission. The commission shall be nonpartisan and composed of citizens residing in the municipality, including representatives of the clergy and minority groups, and the composition thereof, number and method of appointing and removing the members thereof shall be determined by the governing body of the municipality creating or participating in the commission. Notwithstanding s. 59.03 59.10 (4) or 66.11 (2), a member of such governing body may serve on the commission, except that a county board member in a county having a population over 500,000 may not accept compensation for serving on the commission. Of the persons first appointed, one-third shall hold office for one year, one-third for 2 years, and one-third for 3 years from the first day of February next following their appointment, and until their respective successors are appointed and qualified. All succeeding terms shall be for 3 years. Any vacancy shall be filled for the unexpired term in the same manner as original appointments. Every person appointed as a member of the commission shall take and file the official oath.

SB639, s. 524 Section 524. 66.46 (14) of the statutes is amended to read:

SB639,346,20 66.46 (14) Use of tax incremental financing for inland lake protection and rehabilitation prohibited. Notwithstanding sub. (9), no tax incremental financing project plan may be approved and no payment of project costs may be made for an inland lake protection and rehabilitation district or a county acting under s. 59.07 (140) 59.70 (8).

SB639, s. 525 Section 525. 66.508 (14) of the statutes is amended to read:

SB639,346,25 66.508 (14) Construction. Nothing in this section shall be construed as relieving, modifying or interfering with the responsibilities for operating jails which are vested in sheriffs under s. 59.23 59.27 (1) and chiefs of police under s. 62.09 (13) (b).

SB639, s. 526 Section 526. 66.521 (11) (a) of the statutes is amended to read:

SB639,347,11 66.521 (11) (a) With respect to the enforcement of any construction lien or other lien under ch. 779 arising out of the construction of projects financed under this section, no deficiency judgment or judgment for costs may be entered against the municipality. Projects financed under this section shall not be deemed to be public works, public improvements or public construction within the meaning of ss. 59.08 59.57 (3), 60.47, 61.55, 62.15, 779.14, 779.15 and 779.155 and contracts for the construction of such projects shall not be deemed to be public contracts within the meaning of ss. 59.08 59.52 (29) and 66.29 unless factors such as and including municipal control over the costs, construction and operation of the project and the beneficial ownership of the project warrant such conclusion.

SB639, s. 527 Section 527. 66.949 (3) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB639,348,5 66.949 (3) Notice. Notwithstanding ss. 27.065 (5) (a), 30.32, 38.18, 43.17 (9) (a), 59.07 (134), 59.08 (1) 59.52 (29) (a), 59.70 (11), 60.47 (2) to (4), 60.77 (6) (a), 61.55, 61.56, 61.57, 62.15 (1), 62.155, 66.24 (5) (d), 66.299 (2), 66.431 (5) (a) 2., 66.47 (11), 66.505 (10), 66.508 (10) and 66.904 (2), before entering into a performance contract under this section, a local governmental unit shall solicit bids or competitive sealed proposals from qualified providers. A local governmental unit may only enter into a performance contract if the contract is awarded by the governing body of the local governmental unit. The governing body shall give at least 10 days' notice of the meeting at which the body intends to award a performance contract. The notice shall include a statement of the intent of the governing body to award the performance contract, the names of all potential parties to the proposed performance contract, and a description of the energy conservation and facility improvement measures included in the performance contract. At the meeting, the governing body shall review and evaluate the bids or proposals submitted by all qualified providers and may thereafter award the performance contract to the qualified provider that best meets the needs of the local governmental unit, which need not be the lowest cost provider.

SB639, s. 528 Section 528. 67.025 of the statutes is amended to read:

SB639,348,17 67.025 Certification of municipal obligations. In any municipality, the officers charged with the negotiation and sale of its municipal obligations may, in their discretion, prior to the issuance thereof, submit to the attorney general or to an attorney employed under s. 67.10 (7) a certified copy of all its proceedings preliminary to such issue, and also a printer's proof or sample of or the unsigned obligations, for examination and certification. Such attorney shall examine the proceedings and, if found regular and valid, shall execute a certificate of such examination and validity. As soon as such certificate is returned, the clerk of the municipality shall cause such certificate to be recorded. This section applies to obligations issued under ss. 59.07 (149) (b) 3., 59.071 59.57 (2), 59.82 (2) (c), 66.066, 66.46 (9) (b), 66.521 and 66.54.

SB639, s. 529 Section 529. 69.03 (15) of the statutes is amended to read:

SB639,348,22 69.03 (15) Periodically provide to each county designee under s. 59.07 (97) 59.53 (5) a list of names and, notwithstanding s. 69.20 (2) (a), addresses of registrants who reside in that county for whom no father's name has been inserted on the registrant's birth certificate within 6 months of birth.

SB639, s. 530 Section 530. 69.07 (3) of the statutes is amended to read:

SB639,349,3 69.07 (3) Designate a deputy appointed under s. 59.50 59.43 (3) to perform the register of deeds' duties under this section during the register of deeds' absence, illness or disability.

SB639, s. 531 Section 531. 69.15 (3) (b) 3. of the statutes is amended to read:

SB639,349,13 69.15 (3) (b) 3. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity on a form prescribed by the state registrar and signed by both parents, along with the fee under s. 69.22, the state registrar shall insert the name of the father under subd. 1. The state registrar shall mark the certificate to show that the form is on file. The form shall be available to the department or its designee under s. 59.07 (97) 59.53 (5) pursuant to the program responsibilities under s. 46.25 or to any other person with a direct and tangible interest in the record. The state registrar shall include on the form for the acknowledgment a notice of the information in ss. 767.458 (1) (a) to (e) and 767.62.

SB639, s. 532 Section 532. 70.11 (2) of the statutes is amended to read:

SB639,350,3 70.11 (2) Municipal property and property of certain districts, exception. Property owned by any county, city, village, town, school district, technical college district, public inland lake protection and rehabilitation district, metropolitan sewerage district, municipal water district created under s. 198.22 or town sanitary district; lands belonging to cities of any other state used for public parks; land tax-deeded to any county or city before January 2; but any residence located upon property owned by the county for park purposes which is rented out by the county for a nonpark purpose shall not be exempt from taxation. Except as to land acquired under s. 59.965 59.83 (2) (d) this exemption shall not apply to land conveyed after August 17, 1961, to any such governmental unit or for its benefit while the grantor or others for his or her benefit are permitted to occupy the land or part thereof in consideration for the conveyance. Leasing the property exempt under this subsection, regardless of the lessee and the use of the leasehold income, does not render that property taxable.

SB639, s. 533 Section 533. 70.11 (26) of the statutes is amended to read:

SB639,350,8 70.11 (26) Property of industrial development agencies. All real and personal property owned by an industrial development agency formed under s. 59.071 59.57 (2). Any such property subject to contract of sale or lease shall be taxed as personal property to the vendee or lessee thereof.

SB639, s. 534 Section 534. 70.32 (1g) of the statutes is amended to read:

SB639,350,14 70.32 (1g) In addition to the factors set out in sub. (1), the assessor shall consider the effect on the value of the property of any zoning ordinance under s. 59.971 59.692, 61.351 or 62.231, any conservation easement under s. 700.40, any conservation restriction under an agreement with the federal government and any restrictions under ch. 91.

SB639, s. 535 Section 535. 70.32 (2) (c) 4. of the statutes is amended to read:

SB639,350,19 70.32 (2) (c) 4. "Swampland or wasteland" means bog, marsh, lowland brush, uncultivated land zoned as shoreland under s. 59.971 59.692 and shown as a wetland on a final map under s. 23.32 or other nonproductive lands not otherwise classified under this subsection.

SB639, s. 536 Section 536. 71.52 (6) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,352,6 71.52 (6) "Income" means the sum of Wisconsin adjusted gross income and the following amounts, to the extent not included in Wisconsin adjusted gross income: maintenance payments (except foster care maintenance and supplementary payments excludable under section 131 of the internal revenue code), support money, cash public assistance (not including credit granted under this subchapter and amounts under s. 46.27), cash benefits paid by counties under s. 59.07 (154) 59.53 (21), the gross amount of any pension or annuity (including railroad retirement benefits, all payments received under the federal social security act and veterans disability pensions), nontaxable interest received from the federal government or any of its instrumentalities, nontaxable interest received on state or municipal bonds, worker's compensation, unemployment compensation, the gross amount of "loss of time" insurance, compensation and other cash benefits received from the United States for past or present service in the armed forces, scholarship and fellowship gifts or income, capital gains, gain on the sale of a personal residence excluded under section 121 of the internal revenue code, dividends, income of a nonresident or part-year resident who is married to a full-year resident, housing allowances provided to members of the clergy, the amount by which a resident manager's rent is reduced, nontaxable income of an American Indian, nontaxable income from sources outside this state and nontaxable deferred compensation. Intangible drilling costs, depletion allowances and depreciation, including first-year depreciation allowances under section 179 of the internal revenue code, amortization, contributions to individual retirement accounts under section 219 of the internal revenue code, contributions to Keogh plans, net operating loss carry-forwards and capital loss carry-forwards deducted in determining Wisconsin adjusted gross income shall be added to "income". "Income" does not include gifts from natural persons, cash reimbursement payments made under title XX of the federal social security act, surplus food or other relief in kind supplied by a governmental agency, the gain on the sale of a personal residence deferred under section 1034 of the internal revenue code or nonrecognized gain from involuntary conversions under section 1033 of the internal revenue code. Amounts not included in adjusted gross income but added to "income" under this subsection in a previous year and repaid may be subtracted from income for the year during which they are repaid. A marital property agreement or unilateral statement under ch. 766 has no effect in computing "income" for a person whose homestead is not the same as the homestead of that person's spouse.

SB639, s. 537 Section 537. 71.54 (2) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read: