AB40: Bill Text

AB40,623,17 59.605 (6) Temporary suspension Sunset of the limit. This section does not apply to a county's levy that is imposed in December 2011 or December 2012 any year thereafter.

AB40,1245 Section 1245. 59.69 (4c) of the statutes is amended to read:

AB40,623,23 59.69 (4c) Construction site ordinance limits. Except as provided in s. 101.1206 (5m), an ordinance that is enacted under sub. (4) may only include provisions that are related to construction site erosion control if those provisions are limited to sites where the construction activities do not include the construction of a building described in s. 281.33 (3) (a) 1. a. and b.

AB40,1246 Section 1246. 59.693 (2) of the statutes is amended to read:

AB40,624,7 59.693 (2) Authority to enact ordinance. To effect the purposes of s. 281.33 and to promote the public health, safety and general welfare, a county may enact a zoning ordinance, that is applicable to all of its unincorporated area, except as provided in s. 60.627 (2) (b), for construction site erosion control at sites where the construction activities do not include the construction of a building described in s. 281.33 (3) (a) 1. a. and b. and for storm water management. This ordinance may be enacted separately from ordinances enacted under s. 59.69.

AB40,1247 Section 1247. 59.693 (7) of the statutes is amended to read:

AB40,624,14 59.693 (7) Applicability of local subdivision regulation. All powers granted to a county under s. 236.45 may be exercised by the county with respect to construction site erosion control at sites where the construction activities do not include the construction of a building described in s. 281.33 (3) (a) 1. a. and b. or with respect to storm water management regulation, if the county has or provides a county planning agency as defined in s. 236.02 (1) (3).

AB40,1248 Section 1248. 59.72 (5) (a) of the statutes is amended to read:

AB40,624,19 59.72 (5) (a) Before the 16th day of each month a register of deeds shall submit to the department of administration $10 $15 from the fee for recording or filing each instrument that is recorded or filed under s. 59.43 (2) (ag) 1. or (e), less any amount retained by the county under par. pars. (b) and (c).

AB40,1249 Section 1249. 59.72 (5) (b) (intro.) of the statutes is amended to read:

AB40,624,24 59.72 (5) (b) (intro.) Except as provided in s. 16.967 (7m), a county may retain $8 of the $10 portion of each fee submitted to the department of administration under par. (a) from the fee for recording or filing each instrument that is recorded or filed under s. 59.43 (2) (ag) 1. or (e) if all of the following conditions are met:

AB40,1250 Section 1250. 59.72 (5) (c) of the statutes is created to read:

AB40,625,4 59.72 (5) (c) Before January 1, 2015, a county may retain $5 of the portion of each fee submitted to the department of administration under par. (a) from the fee for recording or filing each instrument that is recorded or filed under s. 59.43 (2) (ag) 1. or (e) if all of the following apply:

AB40,625,6 1. The money is used to make social security numbers from electronic format records not viewable or accessible on the Internet under sub. (6) and s. 59.43 (4) (c).

AB40,625,8 2. The register of deeds is authorized to collect fees under s. 59.43 (2) (L) under an extension granted by the department of administration under s. 59.43 (2) (L) 2.

AB40,1251 Section 1251. 60.37 (1) of the statutes is amended to read:

AB40,625,15 60.37 (1) General. The town board may employ on a temporary or permanent basis persons necessary to carry out the functions of town government including, subject to sub. (4), any elected officer of the town. The board may establish the qualifications and terms of employment, which may not include the residency of the employee. The board may delegate the authority to hire town employees to any town official or employee.

AB40,1252 Section 1252. 60.627 (2) (a) of the statutes is amended to read:

AB40,625,23 60.627 (2) (a) To effect the purposes of s. 281.33 and to promote the public health, safety and general welfare, if a town board may enact zoning ordinances under s. 60.62, the town board may enact a zoning ordinance, that is applicable to all of its area, for construction site erosion control at sites where the construction activities do not include the construction of a building described in s. 281.33 (3) (a) 1. a. and b. and for storm water management. This ordinance may be enacted separately from ordinances enacted under s. 60.62.

AB40,1253 Section 1253. 60.627 (4) (c) of the statutes is amended to read:

AB40,626,4 60.627 (4) (c) An ordinance enacted under this section supersedes all provisions of an ordinance enacted under s. 60.62 that relate to construction site erosion control at sites where the construction activities do not include the construction of a building described in s. 281.33 (3) (a) 1. a. and b. or to storm water management regulation.

AB40,1254 Section 1254. 60.627 (6) of the statutes is amended to read:

AB40,626,11 60.627 (6) Applicability of local subdivision regulation. All powers granted to a town under s. 236.45 may be exercised by it with respect to construction site erosion control at sites where the construction activities do not include the construction of a building described in s. 281.33 (3) (a) 1. a. and b. or with respect to storm water management regulation, if the town has or provides a planning commission or agency.

AB40,1255 Section 1255. 61.354 (2) of the statutes is amended to read:

AB40,626,19 61.354 (2) Authority to enact ordinance. To effect the purposes of s. 281.33 and to promote the public health, safety and general welfare, a village may enact a zoning ordinance, that is applicable to all of its incorporated area, for construction site erosion control at sites where the construction activities do not include the construction of a building described in s. 281.33 (3) (a) 1. a. and b. and for storm water management. This ordinance may be enacted separately from ordinances enacted under s. 61.35.

AB40,1256 Section 1256. 61.354 (4) (c) of the statutes is amended to read:

AB40,626,24 61.354 (4) (c) An ordinance enacted under this section supersedes all provisions of an ordinance enacted under s. 61.35 that relate to construction site erosion control at sites where the construction activities do not include the construction of a building described in s. 281.33 (3) (a) 1. a. and b. or to storm water management regulation.

AB40,1257 Section 1257. 61.354 (6) of the statutes is amended to read:

AB40,627,6 61.354 (6) Applicability of local subdivision regulation. All powers granted to a village under s. 236.45 may be exercised by it with respect to construction site erosion control at sites where the construction activities do not include the construction of a building described in s. 281.33 (3) (a) 1. a. and b. or with respect to storm water management regulation, if the village has or provides a planning commission or agency.

AB40,1258 Section 1258. 62.13 (4) (d) of the statutes is amended to read:

AB40,627,18 62.13 (4) (d) The examination shall be free for all U.S. citizens over 18 and under 55 years of age, with proper limitations as to residence, health and, subject to ss. 111.321, 111.322, and 111.335, arrest and conviction record. The examination, including minimum training and experience requirements, shall be job-related in compliance with appropriate validation standards and shall be subject to the approval of the board and may include tests of manual skill and physical strength. All relevant experience, whether paid or unpaid, shall satisfy experience requirements. The board shall control examinations and may designate and change examiners, who may or may not be otherwise in the official service of the city, and whose compensation shall be fixed by the board and paid by the city. Veterans and their spouses shall be given preference points in accordance with s. 230.16 (7).

AB40,1259 Section 1259. 62.234 (2) of the statutes is amended to read:

AB40,628,2 62.234 (2) Authority to enact ordinance. To effect the purposes of s. 281.33 and to promote the public health, safety and general welfare, a city may enact a zoning ordinance, that is applicable to all of its incorporated area, for construction site erosion control at sites where the construction activities do not include the construction of a building described in s. 281.33 (3) (a) 1. a. and b. and for storm water management. This ordinance may be enacted separately from ordinances enacted under s. 62.23.

AB40,1260 Section 1260. 62.234 (4) (c) of the statutes is amended to read:

AB40,628,7 62.234 (4) (c) An ordinance enacted under this section supersedes all provisions of an ordinance enacted under s. 62.23 that relate to construction site erosion control at sites where the construction activities do not include the construction of a building described in s. 281.33 (3) (a) 1. a. and b. or to storm water management regulation.

AB40,1261 Section 1261. 62.234 (6) of the statutes is amended to read:

AB40,628,14 62.234 (6) Applicability of local subdivision regulation. All powers granted to a city under s. 236.45 may be exercised by it with respect to construction site erosion control at sites where the construction activities do not include the construction of a building described in s. 281.33 (3) (a) 1. a. and b. or with respect to storm water management regulation, if the city has or provides a planning commission or agency.

AB40,1262 Section 1262. 62.50 (5) of the statutes is amended to read:

AB40,628,25 62.50 (5) Examinations. The examinations which the rules and regulations provide for shall be public and free to all U.S. citizens with proper limitations as to residence, age, health and, subject to ss. 111.321, 111.322 and 111.335, arrest and conviction record. The examinations shall be practical in their character and shall relate to those matters which fairly test the relative capacity of the candidates to discharge the duties of the positions in which they seek employment or to which they seek to be appointed and may include tests of manual skill and physical strength. The board shall control all examinations and may designate suitable persons, either in the official service of the city or not, to conduct such examinations and may change such examiners at any time, as seems best.

AB40,1263 Section 1263. 62.53 of the statutes is repealed.

AB40,1264 Section 1264. 63.08 (1) (a) of the statutes is amended to read:

AB40,629,15 63.08 (1) (a) Any applicant for an examination under s. 63.05, other than an applicant for a deputy sheriff position under s. 59.26 (8) (a), shall be a resident of this state before applying for an examination, but the commission may not require any period of residency in the county for entrance to an examination or employment in the county. The commission may require an applicant to file a written application form which bears upon the applicant's fitness for a vacant position and which the commission deems necessary. For a position offering a skilled, technical, or professional service, upon a finding that a suitable number of qualified applicants cannot be obtained from within the state, the commission may open the examination to residents of other states. Residency in this state may be waived for an applicant for an examination for a position which requires a license in a health care field. No question pertaining to political affiliation or religious faith may be asked of any applicant for an examination.

AB40,1265 Section 1265. 63.25 (1) (a) of the statutes is amended to read:

AB40,629,21 63.25 (1) (a) For open, competitive examinations and for other examinations by which to test applicants for office or for employment as to their practical fitness to discharge the duties of the positions which they desire to fill, which examinations shall be public and free to all persons with proper limitations as to residence, age, health, and, subject to ss. 111.321, 111.322, and 111.335, arrest and conviction record.

AB40,1266 Section 1266. 66.0304 (1) (b) of the statutes is amended to read:

AB40,630,2 66.0304 (1) (b) "Bond" means any bond, note, or other obligation of a commission issued, acquired, or entered into by a commission under this section, including any refunding bond or certificate of participation or lease-purchase, installment sale, or other financing agreement.

AB40,1267 Section 1267. 66.0304 (4) (p) of the statutes is amended to read:

AB40,630,8 66.0304 (4) (p) Purchase bonds issued by or on behalf of, or held by, any participant, the any state or a department, authority, or agency of the state, or any political subdivision. 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.

AB40,1268 Section 1268. 66.0304 (11) (bm) of the statutes is created to read:

AB40,630,15 66.0304 (11) (bm) A project may be located outside of the United States or outside a territory of the United States if the borrower, including a co-borrower, of proceeds of bonds issued to finance or refinance the project in whole or in part is incorporated and has its principal place of business in the United States or a territory of the United States. To the extent that this paragraph applies to a borrower, it also applies to a participant if the participant is a nongovernmental entity.

AB40,1269 Section 1269. 66.0304 (11) (e) of the statutes is repealed.

AB40,1270 Section 1270. 66.0502 of the statutes is created to read:

AB40,630,20 66.0502 Employee residency requirements prohibited. (1) The legislature finds that public employee residency requirements are a matter of statewide concern.

AB40,630,22 (2) In this section, "local governmental unit" means any city, village, town, county, or school district.

AB40,630,25 (3) (a) Except as provided in sub. (4), no local governmental unit may require, as a condition of employment, that any employee or prospective employee reside within any jurisdictional limit.

AB40,631,3 (b) If a local governmental unit has a residency requirement that is in effect on the effective date of this paragraph .... [LRB inserts date], the residency requirement does not apply and may not be enforced.

AB40,631,6 (4) This section does not affect any statute that requires residency within the jurisdictional limits of any local governmental unit or any provision of law that requires residency in this state.

AB40,1271 Section 1271. 66.0602 (2m) of the statutes is amended to read:

AB40,631,16 66.0602 (2m) Negative adjustment. If a political subdivision's levy for the payment of any general obligation debt service, including debt service on debt issued or reissued to fund or refund outstanding obligations of the political subdivision and interest on outstanding obligations of the political subdivision, on debt originally issued before July 1, 2005, is less in the current year than it was in the previous year, the political subdivision shall reduce its levy limit in the current year by an amount equal to the amount that its levy was reduced as described in this subsection. This subsection does not apply to any political subdivision that does not increase its levy increase limit as allowed under sub. (3) (f) 1.

AB40,1272 Section 1272. 66.0602 (3) (f) 1. of the statutes is amended to read:

AB40,631,24 66.0602 (3) (f) 1. Subject to subd. 3., if a political subdivision's allowable levy under this section in 2010 the prior year was greater than its actual levy in 2010 that year, the levy increase limit otherwise applicable under this section to the political subdivision in 2011 the next succeeding year is increased by the difference between these 2 amounts the prior year's allowable levy and the prior year's actual levy, as determined by the department of revenue, up to a maximum increase of 0.5 percent of the actual levy in 2010 that prior year.

AB40,1273 Section 1273. 66.0602 (3) (f) 2. of the statutes is repealed.

AB40,1274 Section 1274. 66.0602 (3) (f) 3. (intro.) of the statutes is amended to read:

AB40,632,4 66.0602 (3) (f) 3. (intro.) The adjustment described in subds. subd. 1. and 2. may occur only if the political subdivision's governing body approves of the adjustment by one of the following methods:

AB40,1275 Section 1275. 66.0602 (3) (f) 4. of the statutes is repealed.

AB40,1276 Section 1276. 66.0615 (1m) (a) of the statutes is amended to read:

AB40,632,21 66.0615 (1m) (a) The governing body of a municipality may enact an ordinance, and a district, under par. (e), may adopt a resolution, imposing a tax on the privilege of furnishing, at retail, except sales for resale, rooms or lodging to transients by hotelkeepers, motel operators and other persons furnishing accommodations that are available to the public, irrespective of whether membership is required for use of the accommodations. A tax imposed under this paragraph is not subject to the selective sales tax imposed by s. 77.52 (2) (a) 1. and may be collected from the consumer or user, but may not be imposed on sales to the federal government and persons listed under s. 77.54 (9a). A tax imposed under this paragraph by a municipality shall be paid to the municipality and may be forwarded to a commission if one is created under par. (c), as provided in par. (d). Except as provided in par. (am), a tax imposed under this paragraph by a municipality may not exceed 8%. Except as provided in par. (am), if a tax greater than 8% under this paragraph is in effect on May 13, 1994, the municipality imposing the tax shall reduce the tax to 8%, effective on June 1, 1994.

AB40,1277 Section 1277. 66.0615 (1m) (f) 2. of the statutes is amended to read:

AB40,633,2 66.0615 (1m) (f) 2. Sections 77.51 (12m), (14), (14g), (15a), and (15b), 77.52 (3), (13), (14), (18), and (19), 77.522, 77.58 (1) to (5), (6m), and (7), 77.585, 77.59, 77.60, 77.61 (2), (3m), (5), (8), (9), and (12) to (15), and (19m), and 77.62, as they apply to the taxes under subch. III of ch. 77, apply to the tax described under subd. 1.

AB40,1278 Section 1278. 69.20 (3) (g) of the statutes is created to read:

AB40,633,8 69.20 (3) (g) The state or local registrar, upon request of the department of revenue, may disclose information on vital records, including a social security number, to the department of revenue only for the following purposes related to administering state taxes and collection of debts referred to the department of revenue:

AB40,633,10 1. Locating persons, or the assets of persons, who have failed to file tax returns, have underreported their taxable income, or are delinquent debtors.

AB40,633,11 2. Identifying fraudulent tax returns and credit claims.

AB40,633,12 3. Providing information for tax-related prosecutions.

AB40,1279 Section 1279. 70.111 (18) of the statutes is amended to read:

AB40,634,5 70.111 (18) Solar and wind energy Energy systems. Solar Biogas energy systems, solar energy systems, and wind energy systems. In this subsection, "biogas energy system" means equipment which directly converts biomass, as defined under section 45K (c) (3) of the Internal Revenue Code, into biogas, equipment which generates electricity, heat, or compressed natural gas exclusively from biogas, equipment which is used exclusively for the direct transfer or storage of biomass or biogas, and any structure used exclusively to shelter or operate such equipment, if all such equipment, and any such structure, is located at the same site, but does not include equipment or components that would be present as part of a conventional energy system. In this subsection, "solar energy system" means equipment which directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy, but does not include equipment or components that would be present as part of a conventional energy system or a system that operates without mechanical means. In this subsection, "wind energy system" means equipment which converts and then transfers or stores energy from the wind into usable forms of energy, but does not include equipment or components that would be present as part of a conventional energy system.

AB40,1280 Section 1280. 70.114 (1) (f) of the statutes is amended to read:

AB40,634,9 70.114 (1) (f) "Taxing jurisdiction" means any entity, not including the state, authorized by law to levy taxes on general property, as defined in s. 70.02, that are measured by the property's value.

AB40,1281 Section 1281. 70.114 (3) of the statutes is amended to read:

AB40,634,13 70.114 (3) Ascertaining rate. Each year, the department shall ascertain from the clerks of the taxation district the aggregate net general property tax rate for taxation districts to which aids are paid under this section.

AB40,1282 Section 1282. 70.114 (4) (a) of the statutes is amended to read:

AB40,634,21 70.114 (4) (a) On Except as provided under par. (c), on or before January 31, the department shall pay to each treasurer of a taxation district, with respect to each parcel of land acquired by the department within the taxation district on or before January 1 of the preceding year, an amount determined by multiplying each parcel's estimated value equated to the average level of assessment in the taxation district by the aggregate net general property tax rate that would apply to the parcel of land if it were taxable, as shown on property tax bills prepared for that year under s. 74.09.

AB40,1283 Section 1283. 70.114 (4) (c) of the statutes is created to read:

AB40,635,2 70.114 (4) (c) The department shall withhold from the payment amount determined under par. (a) an amount equal to the amount determined under par. (a) multiplied by the rate of the forestation state tax under s. 70.58 and shall deposit that amount into the conservation fund.

AB40,1284 Section 1284. 70.119 (4) of the statutes is amended to read:

AB40,635,9 70.119 (4) The department shall be responsible for negotiating with municipalities on payments for municipal services and may delegate certain responsibilities of negotiation to other state agencies or to the University of Wisconsin Hospitals and Clinics Authority. Prior to negotiating with municipalities the department shall submit guidelines for negotiation to the committee for approval.

AB40,1285 Section 1285. 70.119 (5) of the statutes is amended to read:

AB40,635,14 70.119 (5) Upon approval of guidelines by the committee, the department shall proceed with negotiations. In no case may a municipality withhold services to the state or to the University of Wisconsin Hospitals and Clinics Authority during negotiations.

AB40,1286 Section 1286. 70.119 (6) (a) of the statutes is renumbered 70.119 (6).