AB510: Bill Text

AB510, s. 114 Section 114. 85.01 (2g) of the statutes is created to read:

AB510,44,10 85.01 (2g) "Metropolitan service district" has the meaning given for "district" in s. 229.86 (3).

AB510, s. 115 Section 115. 85.20 (1) (d) of the statutes is amended to read:

AB510,44,17 85.20 (1) (d) "Local public body" includes counties, municipalities or towns, or agencies thereof; metropolitan service districts that provide services under s. 229.863 (2) (f); transit or transportation commissions or authorities and public corporations established by law or by interstate compact to provide mass transportation services and facilities or 2 or more of any such bodies acting jointly under s. 66.0301 to 66.0303.

AB510, s. 116 Section 116. 85.22 (2) (c) of the statutes is amended to read:

AB510,44,21 85.22 (2) (c) "Local public body" has the meaning given in s. 85.20 (1) (d), except as limited by rule of the department, but does not include metropolitan service districts.

AB510, s. 117 Section 117. 85.243 (1) (b) of the statutes is amended to read:

AB510,45,3 85.243 (1) (b) "Local public body" includes counties, municipalities or towns, or agencies thereof; metropolitan service districts that provide services under s. 229.863 (2) (f); transit or transportation commissions or authorities and public corporations established by law or by interstate compact to provide mass transportation services and facilities or 2 or more of any such bodies acting jointly under s. 66.0301 or 66.0303.

AB510, s. 118 Section 118. 85.52 (1) (ag) of the statutes is amended to read:

AB510,45,9 85.52 (1) (ag) "Eligible applicant" means a county, city, village, town or combination thereof, a metropolitan service district that provides services under s. 229.863 (2) (f), Amtrak, as defined in s. 85.061 (1), a railroad, as defined in s. 85.01 (5), a private nonprofit organization that is an eligible applicant under s. 85.22 (2) (am), or a transit commission created under s. 59.58 (2) or 66.1021.

AB510, s. 119 Section 119. 86.001 (2g) of the statutes is created to read:

AB510,45,12 86.001 (2g) "Metropolitan service district" has the meaning given for "district" in s. 229.86 (3).

AB510, s. 120 Section 120. 86.105 of the statutes is amended to read:

AB510,45,17 86.105 Snow removal in private driveways. The governing body of any county, town, city or, village, or metropolitan service district providing services under s. 229.863 (2) (g) may enter into contracts to remove snow from private roads and driveways.

AB510, s. 121 Section 121. Subchapter VI of chapter 229 [precedes 229.86] of the statutes is created to read:

AB510,45,20 CHAPTER 229

AB510,45,22 subchapter vi Metropolitan service districts

AB510,45,23 229.86 Definitions. In this subchapter:

AB510,46,2 (1) "Chief executive officer" means, as to a sponsoring municipality or as to a municipality that is wholly within the jurisdiction of a district, the mayor or city manager of a city, the village president of a village, or the town board chairperson of a town.

AB510,46,4 (2) "Commission" means a metropolitan service commission, which is the governing body of a district.

AB510,46,6 (3) "District" means a metropolitan service district, which is a special purpose district created under this subchapter.

AB510,46,9 (4) "Enabling resolution" means a resolution, or an amendment of a resolution, adopted by the governing body of a municipality and signed by the chief executive officer to create a district.

AB510,46,12 (6) "Municipality" means any city that is located in an urbanized area; any village that is located in an urbanized area; or any town or portion of a town that is located in an urbanized area.

AB510,46,14 (7) "Sponsoring municipality" means any municipality that creates a district in combination with another municipality.

AB510,46,17 (8) "Urbanized area" means an area that is designated as such by a regional planning commission, or a county zoning agency, under s. 66.0309 (8) (c) or 59.69 (2) (g).

AB510,46,23 229.861 Creation, organization, and administration. (1) Subject to sub. (3), 2 or more municipalities that are located within a single urbanized area may create a district that is a unit of government, that is a body corporate and politic, that is separate and distinct from, and independent of, the state and the sponsoring municipalities, and that has the powers under s. 229.863, if the sponsoring municipalities do all of the following:

AB510,47,3 (a) Adopt an enabling resolution, subject to sub. (2), that declares its intent to create a district and declares which 2 or more services under s. 229.863 (2) the district will provide.

AB510,47,5 (b) File copies of the resolution with the clerk of each municipality and county that is wholly or partly within the boundaries of the urbanized area.

AB510,47,10 (2) (a) Subject to sub. (3), a district shall consist of at least 2 municipalities. Each sponsoring municipality shall be identified in a substantially similar enabling resolution that is adopted by the governing body of each sponsoring municipality within a 30-day period beginning with the date of adoption of the first enabling resolution.

AB510,47,15 (b) If at least 2 municipalities adopt an enabling resolution under par. (a), every municipality in that urbanized area shall become a part of the district unless the municipality's governing body adopts a resolution, not later than 60 days after the adoption of the second enabling resolution, stating that it does not wish to become part of the district.

AB510,47,21 (3) (a) Before a district may be created, the governing bodies of each municipality that has not opted out of the district under sub. (2) shall adopt a resolution or enact an ordinance, not later than September 1 of the year in which the resolution under sub. (1) is approved, that, subject to par. (b), contains an agreement among each of the governing bodies which may address any issue, but shall address at least the following:

AB510,47,23 1. The number of members of the commission, which may not be greater than 9.

AB510,48,3 2. A method of appointing temporary members to the commission under sub. (4) (a) 3. to serve until the initial members are elected at the spring election and qualified to take office.

AB510,48,7 3. An apportionment plan for the election of members of the commission under sub. (4) (b), unless the governing bodies of all of the municipalities of which the district is initially comprised provide for the election of members of the commission without an apportionment plan.

AB510,48,11 4. A list of issues and actions of the commission that are subject to review by a veto panel under s. 229.865. If the governing bodies of all of the municipalities that are part of the district agree, and adopt similar resolutions, the list of items that are subject to veto review may be modified as specified in the resolutions.

AB510,48,19 (b) 1. Before the municipalities may consider a resolution or ordinance that is described in par. (a), all of the municipalities shall enter into an agreement on the selection of an arbitrator who will decide any of the issues under par. (a) that are not resolved by the municipalities by September 1 of the year described under par. (a), except as provided in subd. 2. If the municipalities are unable to reach agreement on any of the items listed in par. (a), the arbitrator shall enter a binding decision, which resolves all such outstanding items, not later than November 1 of the year described under par. (a).

AB510,48,22 2. If the municipalities are unable to reach an agreement concerning whether the commission shall be elected with or without an apportionment plan under sub. (4) (b), the commission shall be elected pursuant to an apportionment plan.

AB510,48,24 (4) (a) 1. The district is governed by its commission. The commission may adopt bylaws to govern the district's activities, subject to this subchapter.

AB510,49,11 2. The commission shall be elected at the spring election pursuant to an apportionment plan under par. (b) unless the governing bodies of each of the municipalities of which the district is comprised by resolution determine, no later than November 1 preceding any spring election, that the members of the commission shall be elected at that election and thereafter without an apportionment plan. If the governing bodies of each municipality of which the district is comprised determine to elect members of the commission without an apportionment plan, the governing bodies may, no later than November 1 preceding a spring election, by resolution determine to elect members of the commission at that election and thereafter pursuant to an apportionment plan, if an identical plan is adopted by each of those governing bodies by that date.

AB510,49,16 3. The first election of members of the commission shall occur in April of the year following the year described in sub. (3) (a). Temporary members shall be appointed according to the agreement reached under sub. (3) (a) 2. or imposed by an arbitrator under sub. (3) (b) to serve until the initial members are elected at the spring election and qualified to take office.

AB510,50,6 (b) 1. Each apportionment plan shall divide the entire district into apportioned geographic areas for the election of members of the commission. Unless the number of commissioners is changed under s. 229.864 (1), the boundaries of the apportioned areas shall remain unchanged unless the governing bodies of each of the municipalities of which the district is comprised agree, by resolution adopted no later than November 1 preceding a spring election, to prescribe revised boundaries for the election of members of the commission at that election and thereafter, and except that, if a municipality becomes a part of the district after its creation, the governing bodies of the municipalities of which the district is comprised shall, by resolution, prescribe identical revised boundaries of the apportioned areas no later than September 1 preceding the first spring election at which members of the commission are to be elected from the new district. If the governing bodies are unable to reach an agreement concerning an identical apportionment plan by September 1 preceding that spring election, an arbitrator appointed pursuant to sub. (3) (b) 1. shall resolve the dispute no later than November 1 preceding that election.

AB510,50,10 2. If the members of the commission are elected pursuant to an apportionment plan, each candidate for member of the commission shall state on the face of his or her declaration of candidacy and nomination papers the apportioned area for which the candidate seeks office.

AB510,50,18 (c) Each member of the commission shall be a resident of the district and, if an apportionment plan for the election of members of the commission is used, shall be a resident of the apportioned area for which he or she is elected at the time that the member takes the oath of office. If a member of the commission who is elected from an apportioned area ceases to be a resident of that area after the beginning of his or her term of office but continues to be a resident of the district, the member may continue to serve for the remainder of the term for which he or she was elected or appointed.

AB510,51,3 (d) The terms of the members of the commission shall be 3 years, beginning on the 3rd Tuesday of April following their election, except that the terms of the nearest whole number to one-third of the initial persons elected to office shall expire on the 3rd Tuesday of April that is one year following the year of their election; and the terms of the nearest whole number to one-third of the initial persons elected to office shall expire on the 3rd Tuesday in April that is 2 years following the year of their election. Members of the commission may be removed from office before the expiration of their terms, for cause, as provided under s. 17.13 (3) and may be recalled as provided under s. 9.10. Vacancies in the office of member of the commission shall be filled as provided under s. 17.27 (1f).

AB510,51,7 (e) The commission shall elect from its membership a chairperson, a vice chairperson, a secretary, and a treasurer. A majority of the current membership of the commission constitutes a quorum to do business. The district may take action based on the affirmative vote of at least a majority of the members of the commission.

AB510,51,11 (f) 1. The commission shall appoint a person to serve as clerk of the district. The clerk shall serve under the direction of the commission. Within 7 days after the appointment of any person to fill a vacancy on the commission, the clerk shall notify the person of his or her appointment.

AB510,52,7 2. No later than 5 p.m. on the 2nd Tuesday in January, the clerk shall certify to the county clerk of each county lying wholly or partially within the district the names of candidates who have filed valid nomination papers for member of the commission and who are eligible to have their names appear on the ballot under s. 8.30. If any municipality lying wholly or partially within the district prepares its own ballots under s. 7.15 (2) (c), the clerk shall similarly certify the names of candidates to the municipal clerk. In making these certifications, the clerk shall designate the form of each candidate's name to appear on the ballot in the manner prescribed under s. 7.08 (2) (a). If a primary is held for any seat on a commission, the clerk shall certify to the county clerk of each county lying wholly or partially within the district the names of candidates who have won nomination to the commission and who are eligible to have their names appear on the ballot under s. 8.30. If any municipality lying wholly or partially within the district prepares its own ballots under s. 7.15 (2) (c), the clerk shall similarly certify the names of candidates to the municipal clerk. The clerk shall notify the municipal clerk of each municipality lying wholly or partially within the district of any district election and furnish each municipal clerk with a copy of the notice of the district election. If paper ballots are utilized at a district election, the clerk shall provide each municipal clerk with an adequate supply of ballots for the election at least 22 days before the election. The clerk shall issue certificates of election to persons who are elected to the commission after each election in the manner provided under s. 7.53 (4).

AB510,52,9 (g) The members of the commission shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.

AB510,52,12 (h) Upon the election under par. (a) and qualification of a majority of the members of a commission, the commission may exercise the powers and duties of a commission under this subchapter, subject to s. 229.865 (1).

AB510,52,16 (i) The district shall be initially named by the regional planning commission or county that designated the urbanized area in which the district is located, at the time that the urbanized area is designated. The commission may change the name of the district at any time.

AB510,52,17 (5) (a) The territory of a municipality may be in only one district.

AB510,52,19 (b) A district may be in more than one county, although a county may not be part of a district.

AB510,52,25 (e) A municipality that joins a district under s. 229.862 (3) or (4) shall accept all of the services provided by the district at the time that the municipality joins the district. If such a municipality imposes a room tax under s. 66.0615 (1m) (a) and if the district imposes a room tax under s. 66.0615 (1m) (a), the municipality shall enact an ordinance that discontinues its collection of the room tax and that authorizes the district to collect a room tax in that municipality.

AB510,53,3 (f) No additional district may be created in an urbanized area, unless the commissions of all of the existing districts in the urbanized area adopt a resolution consenting to the creation of another district in that urbanized area.

AB510,53,7 (g) Once a district is created, it shall remain in effect unless it is dissolved as provided in s. 229.867. If a municipality in a district loses its designation as an urbanized area, that municipality may remain as part of the district unless the municipality withdraws from the district as provided in sub. (6).

AB510,53,15 (h) If a city or village whose territory is in one district annexes territory that contains property or facilities that are located in a different district, that district shall transfer ownership of the property or facilities that are located in the annexed territory to the district whose territory includes the annexing city or village. The district which receives the annexed territory shall negotiate a settlement agreement with the district from which the territory was annexed to compensate that district for the property or facilities that are transferred, based on at least all of the following factors:

AB510,53,16 1. The current value of property or facilities that are transferred.

AB510,53,18 2. The amount of money or any other contribution made by the district for the property or facilities that are transferred.

AB510,53,20 3. The amount of money or any other contribution made by the municipality for the property or facilities that are transferred.

AB510,53,25 (i) If the districts are unable to negotiate a settlement under par. (h) within 60 days after the effective date of the annexation that results in the transfer of territory, the districts shall agree on the selection of an arbitrator who shall decide the settlement amount, and send written notification of his or her decision to all parties, within 30 days after his or her appointment.

AB510,54,3 (j) A transfer of ownership under par. (h) takes effect on the date on which a settlement is reached under par. (h) or the date on which an arbitrator sends written notification of his or her decision under par. (i).

AB510,54,10 (6) (a) A municipality which is part of a district may withdraw from the district as provided in this subsection if the governing body of the municipality adopts a resolution declaring its intention to withdraw from the district and if the governing bodies of all of the other municipalities that are part of the district adopt a resolution approving the municipality's resolution. If a municipality withdraws from a district under this subsection, title to the property or facilities of the district that are located in the municipality shall be transferred from the district to the municipality.

AB510,54,19 (b) If a municipality adopts a resolution declaring its intention to withdraw from the district and if the governing bodies of all of the other municipalities that are part of the district approve the resolution, the district shall dissolve as provided in s. 229.867 if only one municipality remains a part of the district after a municipality withdraws under this subsection. If more than one municipality remains a part of the district after a municipality withdraws, the municipality that withdraws and the district shall negotiate a settlement agreement to compensate that district for the property or facilities that are located in the municipality, based on at least all of the following factors:

AB510,54,20 1. The current value of property or facilities that are transferred.

AB510,54,22 2. The amount of money or any other contribution made by the district for the property or facilities that are transferred.

AB510,54,24 3. The amount of money or any other contribution made by the municipality for the property or facilities that are transferred.

AB510,55,7 (c) If the municipality and the district are unable to negotiate a settlement under par. (b) within 60 days after the last governing body approves the municipality's resolution under par. (b), the municipality and the district shall agree on the selection of an arbitrator who shall decide the settlement amount, and send written notification of his or her decision to all parties, within 30 days after his or her appointment. The municipality shall comply with the arbitrator's decision during any court challenge to the decision.

AB510,55,13 (d) A withdrawal under this subsection takes effect on the 3rd Tuesday of April following the date on which a settlement is reached or the date on which an arbitrator sends written notification of his or her decision, except that if a withdrawal would otherwise become effective during the period beginning on November 1 and ending on the succeeding 3rd Tuesday of April, the withdrawal becomes effective on the 2nd succeeding 3rd Tuesday of April following that date.

AB510,55,15 (e) On the effective date of any withdrawal, the office of each member of the commission who resides in the withdrawn municipality is vacated.

AB510,55,20 229.862 Jurisdiction and expansion. (1) The initial jurisdiction of a district shall consist of the territory of all of the sponsoring municipalities that have acted under s. 229.861 (1) and (2), and all of the territory that is subject to inclusion in a district under s. 229.861 (2) (b) other than territory located in a municipality that has opted out under s. 229.861 (2) (b).

AB510,55,24 (2) If only the urbanized part of a town is part of a district, the remainder of the town shall be added to the district if it becomes an urbanized area. Upon the approval of the commission, the nonurbanized area of a town may be added to a district at any time.

AB510,56,4 (3) If the governing body of a city or village that is not in a district's urbanized area adopts a resolution requesting that it become part of a district, the city or village may become part of the district only upon the approval of at least 50% of the governing bodies of the municipalities that are part of the district.

AB510,56,9 (4) If a municipality that opts out of a district by adopting a resolution under s. 229.861 (2) (b) adopts a resolution requesting that it become part of a district, the municipality may become part of the district only upon the approval of the commission and all of the governing bodies of the municipalities that are part of the district.

AB510,56,16 (5) Following the redesignations of urbanized areas by a regional planning commission under s. 66.0309 (8) (c) 2., or by a county under s. 59.69 (2) (g) 3., a municipality that becomes part of an urbanized area in which a district exists shall become a part of the district in which it is located, unless the municipality's governing body opts out of the district by adopting a resolution, not later than 60 days after the redesignation takes effect, stating that it does not wish to become part of a district.

AB510,56,21 (6) (a) Subject to par. (b) and s. 229.865 (1), the commission and each municipality that is part of the district's initial jurisdiction, or that becomes part of the district as described under this section, shall determine which property, facilities, and other assets of the municipality shall be transferred from the municipality to the district.

AB510,56,22 (b) 1. A municipality shall transfer to the district all of the following:

AB510,56,25 a. Real property and attachments that relate to a service provided by the district and liability for any debt that is associated with such property and attachments.

AB510,57,3 b. All vehicles and specialized equipment that relate to a service provided by the district and that have a fair market value of at least $50,000 and liability for any debt that is associated with such vehicles and equipment.

AB510,57,6 2. A municipality may transfer, sell, lease, or donate to the district, or to any other person if the district does not want the item, any property or asset that is not specified in subd. 1.

AB510,57,9 3. If any property or other asset that is transferred by a municipality to the district is not used by the district, the district shall return the property or asset to the municipality from which it was received.

AB510,57,16 (c) If the commission and a municipality are unable to reach an agreement on the property, facilities, or other assets that are to be transferred to the district under par. (a) or (b) within 90 days after the municipality becomes part of a district, and the system of payments for such items, the municipality and the district shall agree on the selection of an arbitrator who shall decide the terms of the settlement and send written notification of his or her decision to all parties, within 30 days after his or her appointment.

AB510,57,20 (7) Eligible electors of a municipality who are included in the expanded jurisdiction of a district may vote for members of the commission at the first election occurring after the effective date of the expansion at which members of the commission are elected.

AB510,57,22 229.863 Powers of district. (1) A district has all of the powers necessary or convenient to carry out the purposes and provisions of this subchapter.

AB510,57,24 (2) Subject to sub. (3), a district shall provide at least 2 governmental services, which shall include at least one of the following:

AB510,58,4 (a) Economic development services directed at attracting business to the district. Upon request of a district, any municipality within the district shall cooperate with the district in the district's provision of economic development services under this paragraph.

AB510,58,12 (b) Land use planning, by developing a comprehensive plan, as that term is used in s. 66.1001 (1) (a), for the district as if the district were a local governmental unit under s. 66.1001 (1) (b), and by encouraging all of the municipalities in the district to adopt comprehensive plans under s. 66.1001 that are consistent with the plan adopted by the district. A district's comprehensive plan under this paragraph shall be adopted by the district as soon as possible. Such a plan may be used only for advisory purposes, unless the district exercises zoning powers under par. (e) and (3) (b) and except as provided in sub. (3) (c).

AB510,58,13 (c) Fire and emergency medical services.

AB510,58,14 (d) Parks and recreation services.

AB510,58,15 (e) Zoning.