AB920: Bill Text

AB920,51,14 59.22 (2) (c) 1. (intro.) The Except as provided in subd. 2. and par. (d), the board may provide do any of the following:

AB920,51,18 a. Provide, fix or change the salary or compensation of any such office, board, commission, committee, position, employe or deputies to elective officers that is subject to sub. (1) without regard to the tenure of the incumbent (except as provided in par. (d)) and also establish.

AB920,51,20 b. Establish the number of employes in any department or office including deputies to elective officers, and may establish.

AB920,51,22 c. Establish regulations of employment for any person paid from the county treasury, but no.

AB920,52,3 2. No action of the board shall may be contrary to or in derogation of the rules and regulations of the department of health and family services under s. 49.33 (4) to (7) relating to employes administering old-age assistance, aid to families with dependent children, aid to the blind and aid to totally and permanently disabled persons or ss. 63.01 to 63.17.

Note: Subdivides provision and reorders text for more logical placement and to eliminate parentheses. Deletes "and regulations" as unnecessary. Departments are authorized to promulgate administrative rules, not regulations. Replaces improperly used "shall".

AB920, s. 114 Section 114. 59.52 (11) (d) of the statutes is amended to read:

AB920,52,16 59.52 (11) (d) Bonds of officers and employes. Provide for the protection of the county and public against loss or damage resulting from the act, neglect or default of county officers, department heads and employes and may contract for and procure bonds or contracts of insurance to accomplish that purpose either from commercial companies or by self-insurance created by setting up an annual fund for such purpose or by a combination thereof. Any number of officers, department heads or employes not otherwise required by statute to furnish an official bond may be combined in a schedule or blanket bond or contract of insurance. So far as applicable ss. 19.01 (2), (2m), (3), (4) (d) and (dd) (dm) and (4m) and 19.07 shall apply to such the bonds or contracts of insurance. The bond shall be for a definite period, and each. Each renewal thereof of the bond shall constitute a new bond for the principal amount covering the renewal period.

Note: Reflects treatment of s. 19.01 (4) (d) and (dd) by this bill.

AB920, s. 115 Section 115. 59.57 (2) (c) 2. and 3. of the statutes are amended to read:

AB920,52,20 59.57 (2) (c) 2. "Industrial development agency" or "agency" means a public body corporate and politic created under this subsection, which agency shall have the characteristics and powers described in this subsection; .

AB920,53,2 3. "Industrial development project" means any site, structure, facility or undertaking comprising or being connected with or being a part of an industrial or manufacturing enterprise established or to be established by an industrial development agency;.

Note: Replaces punctuation for internal consistency and conformity with current style.

AB920, s. 116 Section 116. 59.79 (9) (title) of the statutes is renumbered 59.792 (title) and amended to read:

AB920,53,5 59.792 (title) Sewage Milwaukee County; sewage, waste, refuse.

Note: Section 59.97 (9) is moved to a separate section in order to subdivide this long provision and to revise its structure to conform more closely with current style. See the next 4 Sections of this bill.

AB920, s. 117 Section 117. 59.79 (9) (a) of the statutes is renumbered 59.792 (2) and amended to read:

AB920,53,20 59.792 (2) Provide The county's board may provide for the transmission and disposal of sewage from any of the county buildings , and for such purpose. The county shall after October 1, 1965, annually pay to the municipality in which the buildings are situated for the transmission and disposal of sewage, such its proportion of the expense of the transmission and disposal of the sewage by the municipality, as certified under s. 66.91 (5), to any such municipality; such. The county's proportionate expense to shall be determined by the ratio which that the amount of sewage contributed by any such county buildings may bear bears to the total amount of sewage contributed by any such the municipality to such the sewage system; but each. Each municipality in which county buildings are located, if payment is to be made, shall provide and furnish meters to determine the amount of sewage so contributed. This paragraph subsection shall not apply to user charges billed to the county under s. 66.912.

Note: Deletes obsolete transition provision and reorganizes text and breaks up long sentence for improved readability and conformity with current style. See also the note to the previous section of this bill.

AB920, s. 118 Section 118. 59.79 (9) (b) of the statutes is renumbered 59.792 (3) (a) 1. and amended to read:

AB920,54,4 59.792 (3) (a) 1. Engage in the function of the destruction or disposal of waste by providing dumpage facilities; acquire.

AB920,54,7 2. Acquire lands by purchase, lease, donation or right of eminent domain within such the county and use the lands as dumpage sites for depositing, salvaging, processing, burning or otherwise disposing of the waste, and acquire.

AB920,54,9 3. Acquire land by purchase, lease or donation outside such the county for said purposes described in subd. 2. where state and local regulations permit; construct.

AB920,54,11 4. Construct and equip incinerators and other structures to be used for disposal of waste; maintain.

AB920,54,12 5. Maintain, control and operate dumpage sites; maintain.

AB920,54,14 6. Maintain, control and operate incinerators for burning such materials; utilize waste.

AB920,54,16 7. Utilize or dispose of by sale or otherwise heat or power reclaimed from incinerator facilities; sell.

AB920,54,17 8. Sell all salvageable waste materials and by-products; levy.

AB920,54,20 9. Levy a tax to create a working capital fund to maintain and operate dumpage facilities, construct, equip and operate incinerators and other structures for disposal of wastes; charge.

AB920,54,22 10. Charge or assess reasonable fees to persons making use of such sites, incinerators or other structures for the disposal of waste; make.

AB920,54,24 11. Make charges approximately commensurate with the cost of services rendered to any municipality using the county waste disposal facilities ; authorize.

AB920,55,4 12. Authorize payment to any municipality, in which county waste disposal facilities, including incinerators, are located, to cover the reasonable cost of fire fighting services rendered to such the county when the occasion demands such fire fighting service; contract is required.

AB920,55,7 13. Contract with private collectors and municipalities and transporters to receive and dispose of waste other than garbage at dumpage and incinerator sites; levy.

AB920,55,9 14. Levy taxes to provide funds to acquire sites and to construct and equip incinerators and other structures for disposal of wastes; enact.

AB920,55,12 15. Enact and enforce ordinances, and adopt and enforce rules and regulations, necessary for the orderly conduct of providing such dumpage facilities and services and provide forfeitures for the violation thereof.

AB920,55,18 (b) The charges for waste disposal services shall be determined by the board and shall include a reasonable charge for depreciation. In the determination of the charges the board shall give full consideration to any fees directly collected for the service. Waste disposal charges shall be apportioned under s. 70.63 to the respective municipalities receiving the service. The depreciation charges shall create a reserve for future capital outlays for waste disposal facilities.

AB920,55,24 (c) Before acquiring in such county any site in the county to be used for dumping or the erection of an incinerator or other structure for the disposal of waste, a public hearing shall be held in the county following notice of hearing by publication as a class 3 notice, under ch. 985. The term "waste" as used in this paragraph includes, without limitation because of enumeration, garbage, ashes, municipal, domestic, industrial and commercial rubbish, waste or refuse material.

AB920,56,3 (d) The powers conferred by this paragraph subsection are declared to be necessary to the preservation of the public health, welfare and convenience of the county.

Note: The definition of "waste" is relocated to the beginning of the section in conformity with current style by the next section of this bill. Breaks up long sentence and subdivides provision for improved readability and conformity with current style. See also the previous 2 sections of this bill.

AB920, s. 119 Section 119. 59.792 (1) of the statutes is created to read:

AB920,56,5 59.792 (1) In this section:

AB920,56,6 (a) "County" means a county with a population of 500,000 or more.

AB920,56,9 (b) "Waste" includes, without limitation because of enumeration, garbage, ashes, municipal, domestic, industrial and commercial rubbish, waste or refuse material.

Note: "County" is made a defined term for clarity. The definition of "waste" is relocated from within the text of the provision for conformity with current style. See also the previous 3 sections of this bill.

AB920, s. 120 Section 120. 59.792 (3) (a) (intro.) of the statutes is created to read:

AB920,56,11 59.792 (3) (a) (intro.) The county's board may do any of the following:

Note: The renumbering of s. 59.72 (9) (b) to s. 59.792 (3) (a) 1. by this bill necessitates the creation of this (intro.) paragraph.

AB920, s. 121 Section 121. 59.84 (2) (d) 5. of the statutes is amended to read:

AB920,57,5 59.84 (2) (d) 5. Whenever, before actual expressway project construction, a saving is shown to be probable in the cost of constructing a proposed new municipal or privately owned public utility (, which, if presently installed in a public way in a proposed normal manner, would ultimately be interfered with by expressway construction), by initially constructing the municipal or privately owned public utility in other than a normal manner to accommodate future expressway construction, in order to effect savings by avoiding reconstruction and relocating at a later date, the board may contract with the municipal government or utility company involved for the construction of the public utility in such other than normal manner and to pay to it the municipal government or utility company the portion of the cost of the special construction in excess of the cost if constructed in the proposed normal manner. Funds for such purpose, the funds for which may be taken from the land acquisition fund authorized in subd. 2.

Note: Replaces parentheses and inserts specific reference for improved readability and conformity with current style.

AB920, s. 122 Section 122. 67.03 (1) (intro.) and (b) of the statutes are consolidated, renumbered 67.03 (1) (a) and amended to read:

AB920,57,17 67.03 (1) (a) Except as provided in s. 67.01 (9), municipalities may borrow money and issue municipal obligations therefor only for the purposes and by the procedure specified in this chapter. The aggregate amount of indebtedness, including existing indebtedness, of any municipality shall not exceed 5% of the value of the taxable property located therein in the municipality as equalized for state purposes except as follows: (b) For that the aggregate amount of indebtedness of any school district which that offers no less than grades 1 to 12 and which that at the time of incurring such the debt is eligible to receive state aid under s. 121.08, shall not exceed 10% of such the equalized value shall be permitted of the taxable property located in the school district.

AB920,57,22 (b) Any school district about to incur indebtedness may apply to the state superintendent of public instruction for, and the state superintendent may issue, a certificate as to the eligibility of the school district to receive state aid under s. 121.08, which certificate shall be conclusive as to such eligibility for 30 days, but not beyond the next June 30.

Note: Renumbers provision to eliminate improper use of the (intro.) paragraph and replaces disfavored terms.

AB920, s. 123 Section 123. 70.77 (1) of the statutes is renumbered 70.77.

Note: Deletes unnecessary subsection number. Section 70.77 is not divided into subsections.

AB920, s. 124 Section 124. 77.51 (4) (b) 1. of the statutes is amended to read:

AB920,58,3 77.51 (4) (b) 1. Cash or term discounts allowed and taken on sales;.

Note: Replaces punctuation for internal consistency and conformity with current style.

AB920, s. 125 Section 125. 77.51 (15) (a) 1., 2. and 3. of the statutes are amended to read:

AB920,58,5 77.51 (15) (a) 1. The cost of the property sold;.

AB920,58,7 2. The cost of the materials used, labor or service cost, losses or any other expenses;.

AB920,58,8 3. The cost of transportation of the property prior to its purchase ;.

Note: Replaces punctuation for internal consistency and conformity with current style.

AB920, s. 126 Section 126. 77.51 (15) (b) 1. and 2. of the statutes are amended to read:

AB920,58,10 77.51 (15) (b) 1. Cash discounts allowed and taken on sales;.

AB920,58,12 2. The amount charged for property returned by customers when that entire amount is refunded either in cash or in credit;.

Note: Replaces punctuation for internal consistency and conformity with current style.

AB920, s. 127 Section 127. 77.52 (18) (intro.) and (a) of the statutes are renumbered 77.52 (18) (am) and (bm).

Note: Corrects numbering. This provision contains 2 separate paragraphs. The current (intro.) paragraph is not an introductory paragraph under current drafting standards.

AB920, s. 128 Section 128. 77.55 (1) (a) of the statutes is amended to read:

AB920,58,17 77.55 (1) (a) The United States, its unincorporated agencies and instrumentalities;.

Note: Replaces punctuation for internal consistency and conformity with current style.

AB920, s. 129 Section 129. 77.61 (5) (b) (intro.), 1., 2., 3., 4. and 5. of the statutes are amended to read:

AB920,59,7 77.61 (5) (b) (intro.) Subject to pars. (c) and (d) and to the rules of the department, any sales tax or use tax returns or any schedules, exhibits, writings or audit reports pertaining to the same returns, on file with the department, shall be open to examination by any of the following persons or the contents thereof divulged or used as provided in the following cases and only to the extent therein authorized.:

AB920,59,9 1. The secretary of revenue, or any officer, agent or employe of the department of revenue;.

AB920,59,10 2. The attorney general, department of justice employes; .

AB920,59,20 3. Members of the senate committee on organization or its authorized agents or the assembly committee on organization or its authorized agents provided the examination is approved by a majority vote of a quorum of its members and the tax return information is disclosed only in a meeting closed to the public. The committee may disclose tax return information to the senate or assembly or to other legislative committees if the information does not disclose the identity of particular returns or reports and the items thereof of particular returns or reports. The department of revenue shall provide assistance to the committees or their authorized agents in order to identify returns deemed that are considered necessary by them to accomplish the review and analysis of tax policy;.

AB920,59,25 4. Public officers of the federal government or other state governments or the authorized agents of such those officers, where necessary in the administration of the laws of such the federal government or other state governments, to the extent that such the federal government accords or other state governments accord similar rights of examination or information to officials of this state;.

AB920,60,2 5. a. The person who filed or submitted such the return, or to whom the same return relates or by that person's authorized agent or attorney;.

AB920,60,4 b. The person required to file reports on collection or taxes withheld from another;.

Note: Replaces punctuation for internal consistency and conformity with current style, replaces disfavored terms and corrects sentence agreement.

AB920, s. 130 Section 130. 77.62 (1) of the statutes is renumbered 77.62, and 77.62 (2), (3), (4) and (5), as renumbered, are amended to read:

AB920,60,7 77.62 (2) Release real property from the lien of a warrant;.

AB920,60,8 (3) Satisfy warrants;.

AB920,60,9 (4) Approve instalment payment agreements; .

AB920,60,10 (5) Compromise on the basis of ability to pay; or.

Note: Deletes unnecessary subsection division. Section 77.62 is not divided into subsections. Replaces punctuation for internal consistency and conformity with current style.

AB920, s. 131 Section 131. 77.995 of the statutes is renumbered 77.995 (2) and amended to read: