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Date of enactment: November 30, 2001
2001 Assembly Bill 513 Date of publication*: December 13, 2001
* Section 991.11, Wisconsin Statutes 1999-00 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
2001 WISCONSIN ACT 30
An Act relating to: repealing, consolidating, renumbering, amending and revising various provisions of the statutes for the purpose of correcting errors, supplying omissions, correcting and clarifying references, eliminating defects, anachronisms, conflicts, ambiguities and obsolete provisions, reconciling conflicts, and repelling unintended repeals (Revisor's Correction Bill).
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
30,1 Section 1. 1.13 (3) of the statutes is amended to read:
1.13 (3) Consistently with other laws, each state agency, whenever it administers a law under which a local governmental unit prepares a plan, is encouraged to design its planning requirements in a manner that makes it practical for local governmental units to incorporate these plans into local comprehensive plans prepared under s. 66.0295 66.1001.
Note: Inserts the correct cross-reference. Section 66.0295 was renumbered to s. 66.1001 by 1999 Wis. Act 150.
30,2 Section 2. 16.957 (1) (w) of the statutes is amended to read:
16.957 (1) (w) "Wholesale supplier" means a wholesale electric cooperative or a municipal electric company, as defined in s. 66.073 66.0825 (3) (d), that supplies electricity at wholesale to a municipal utility or retail electric cooperative.
Note: Inserts the correct cross-reference. Section 66.073 was renumbered to s. 66.0825 by 1999 Wis. Act 150.
30,3 Section 3. 16.965 (2) of the statutes is amended to read:
16.965 (2) From the appropriation under s. 20.505 (1) (cm), the department may provide grants to local governmental units to be used to finance the cost of planning activities, including contracting for planning consultant services, public planning sessions, and other planning outreach and educational activities, or for the purchase of computerized planning data, planning software, or the hardware required to utilize that data or software. The department shall require any local governmental unit that receives a grant under this section to finance a percentage of the cost of the product or service to be funded by the grant from the resources of the local governmental unit. The department shall determine the percentage of the cost to be funded by a local governmental unit based on the number of applications for grants and the availability of funding to finance grants for the fiscal year in which grants are to be provided. A local governmental unit that desires to receive a grant under this subsection shall file an application with the department. The application shall contain a complete statement of the expenditures proposed to be made for the purposes of the grant. No local governmental unit is eligible to receive a grant under this subsection unless the local governmental unit agrees to utilize the grant to finance planning for all of the purposes specified in s. 66.0295 66.1001 (2).
Note: Inserts the correct cross-reference. Section 66.0295 was renumbered to s. 66.1001 by 1999 Wis. Act 150.
30,4 Section 4. 16.9651 (2) of the statutes is amended to read:
16.9651 (2) From the appropriation under s. 20.505 (1) (z), the department may provide grants to local governmental units to be used to finance the cost of planning activities related to the transportation element, as described in s. 66.0295 66.1001 (2) (c), of a comprehensive plan, as defined in s. 66.0295 66.1001 (1) (a), including contracting for planning consultant services, public planning sessions, and other planning outreach and educational activities, or for the purchase of computerized planning data, planning software, or the hardware required to utilize that data or software. The department may require any local governmental unit that receives a grant under this section to finance not more than 25% of the cost of the product or service to be funded by the grant from the resources of the local governmental unit. Prior to awarding a grant under this section, the department shall forward a detailed statement of the proposed expenditures to be made under the grant to the secretary of transportation and obtain his or her written approval of the proposed expenditures.
Note: Inserts the correct cross-reference. Section 66.0295 was renumbered to s. 66.1001 by 1999 Wis. Act 150.
30,5 Section 5. 20.155 (2) (g) of the statutes is amended to read:
20.155 (2) (g) Railroad regulation and general program operations. The amounts in the schedule for railroad regulation under chs. 189 to 192 and 195 and general program operations of the office of the commissioner of railroads. Ninety percent of all moneys received by the office under s. 195.60 or 200.10 201.10 (3) shall be credited to this appropriation.
Note: Inserts the correct cross-reference. Section 200.10 was renumbered to s. 201.10 by 1999 Wis. Act 150, but this cross-reference was not changed accordingly.
30,6 Section 6. 23.0917 (8) (d) of the statutes is amended to read:
23.0917 (8) (d) The department may not acquire land using moneys from the appropriation under s. 20.866 (2) (ta) without the prior approval of a majority of the members-elect, as defined in s. 59.001 (2m), of the county board of supervisors of the county in which the land is located if at least 66% of the land in the county is owned or under the jurisdiction of the state, the federal government, or a local governmental unit, as defined in s. 66.299 66.0131 (1) (a). Before determining whether to approve the acquisition, the county in which the land is located shall post notices that inform the residents of the community surrounding the land of the possible acquisitions.
Note: Inserts the correct cross-reference. Section 66.299 was renumbered to s. 66.0131 by 1999 Wis. Act 150.
30,7 Section 7. The treatment of 29.924 (4) of the statutes by 1997 Wisconsin Act 248, section 106, and 1999 Wisconsin Act 83 is not repealed by 1999 Wisconsin Act 150, section 2. All treatments stand.
Note: There is no conflict of substance. 1999 Wis. Act 150, s. 2, treats s. 29.05 (6), 1997 stats., which was renumbered to s. 29.924 (4) by 1997 Wis. Act 248, s. 106. As merged by the Revisor, s. 29.924 (4) reads:
(4) Access to storage places. The owner or occupant of any cold-storage warehouse or building used for the storage or retention of wild animals or carcasses shall permit the department and its wardens to enter and examine the premises subject to s. 66.0119. The owner or occupant, or the agent or employee of the owner or occupant, shall deliver to the officer any wild animal or carcass, in his or her possession during the closed season, whether taken within or without the state.
30,8 Section 8. 33.32 (5) of the statutes is amended to read:
33.32 (5) Sewerage system service charges imposed by districts with town sanitary district powers shall be in conformance with s. 66.0821. Special charges for other services identified in the annual budget adopted under s. 33.30 (3) (b) shall also be collected directly by the commissioners. The commissioners shall allocate the charges to the property served in a manner prescribed by them unless the manner is specified by a resolution of the annual or of a special meeting. Delinquent special charges shall be governed by s. 66.60 (16) (b) 66.0627 (4).
Note: 1999 Wis. Act 150, section 533, repealed s. 66.60 (16) and section 170 created s. 66.0627. The note to section 170 states that s. 66.0627 restates s. 66.60 (16). Section 66.60 (16) (b) relating to delinquencies is revised and restated at s. 66.0627 (4).
30,9 Section 9. 34.05 (1) of the statutes is amended to read:
34.05 (1) Except as provided in sub. (4), the governing board of each public depositor shall, by resolution, designate one or more public depositories, organized and doing business under the laws of this state or federal law and located in this state, in which the treasurer of the governing board shall deposit all public moneys received by him or her and specify whether the moneys shall be maintained in time deposits subject to the limitations of s. 66.0603 (1) (1m), demand deposits , or savings deposits and whether a surety bond or other security shall be required to be furnished under s. 34.07 by the public depository to secure the repayment of such deposits. A designation of a public depository by the governing board shall be a designation of the public depository for all treasurers of the governing board and for all public depositors for which each treasurer shall act.
Note: Inserts the correct cross-reference. Section 66.0603 (1) was renumbered to s. 66.0603 (1m) by 1999 Wis. Act 186.
30,10 Section 10. 38.20 (2) (d) of the statutes is amended to read:
38.20 (2) (d) The city or village shall deposit the proceeds of the sale of technical college property in the debt service fund, if any, created for payment of existing technical college obligations. The indebtedness of such city or village shall, for purposes of computing its legal debt limit, be deemed reduced by the amount of such deposit. The city or village may invest these debt service fund moneys under s. 66.0603 (1) (1m) or 67.11 (2) and (3). Bonds and notes issued by districts for purposes of this subsection shall not be subject to referendum. The purchase agreement shall include an irrevocable clause providing that the district shall pay annually to the city or village a sum of money equal to the amount in which the interest received by the city or village upon investments authorized hereunder is less than the amount of interest paid by the city or village on the bonds of the city or village for technical college purposes.
Note: Inserts the correct cross-reference. Section 66.0603 (1) was renumbered to s. 66.0603 (1m) by 1999 Wis. Act 186.
30,11 Section 11. 38.20 (2) (e) of the statutes is amended to read:
38.20 (2) (e) The district purchasing property under this subsection may, with approval of the city council or village board involved, pay the purchase price by issuing and delivering directly to the city or village the general obligation promissory notes or the notes of the district under s. 67.12 (12), except that no referendum may be held and the 10-year limitation on such notes shall be inapplicable to such notes issued under this paragraph. Such notes shall mature and be payable at such times, in such amounts and at such rate of interest as will amortize and pay when due the principal and interest on the outstanding obligations of the city or village for technical college purposes. All such notes, upon execution and delivery to the city or village, shall in all respects be held and considered as an authorized investment under s. 66.0603 (1) (1m) or 67.11 (2) and (3) of the debt service fund created for payment of the city or village obligations issued for technical college purposes and shall be offset against city or village indebtedness in computing legal debt limit to the same extent as other authorized investments of the debt service fund and such notes may be sold and hypothecated. If the offset against city or village indebtedness under this paragraph is determined to be invalid in any respect, such city or village immediately may require the district issuing the promissory notes to such city or village to comply with pars. (c) and (d) to the extent necessary to cure such invalidity.
Note: Inserts the correct cross-reference. Section 66.0603 (1) was renumbered to s. 66.0603 (1m) by 1999 Wis. Act 186.
30,12 Section 12. 46.2895 (4) (g) of the statutes is amended to read:
46.2895 (4) (g) Subject to sub. (8), employ any agent, employee, or special adviser that the family care district finds necessary, fix and regulate his or her compensation and provide, either directly or subject to an agreement under s. 66.30 66.0301 as a participant in a benefit plan of another governmental entity, any employee benefits, including an employee pension plan.
Note: Inserts the correct cross-reference. The provisions of s. 66.30 that relate to intergovernmental cooperation, generally, were renumbered to s. 66.0301 by 1999 Wis. Act 150. Adds serial comma consistent with current style.
30,13 Section 13. 46.2895 (6) (f) of the statutes is amended to read:
46.2895 (6) (f) Subject to sub. (8), procure liability insurance covering its officers, employees, and agents, insurance against any loss in connection with its property and other assets and other necessary insurance; establish and administer a plan of self-insurance; or, subject to an agreement under s. 66.30 66.0301, participate in a governmental plan of insurance or self-insurance.
Note: Inserts the correct cross-reference. The provisions of s. 66.30 that relate to intergovernmental cooperation, generally, were renumbered to s. 66.0301 by 1999 Wis. Act 150. Adds serial comma consistent with current style.
30,14 Section 14. 59.69 (3) (a) of the statutes is amended to read:
59.69 (3) (a) The county zoning agency may direct the preparation of a county development plan or parts thereof of the plan for the physical development of the unincorporated territory within the county and areas within incorporated jurisdictions whose governing bodies by resolution agree to having their areas included in the county's development plan. The plan may be adopted in whole or in part and may be amended by the board and endorsed by the governing bodies of incorporated jurisdictions included in the plan. The county development plan, in whole or in part, in its original form or as amended, is hereafter referred to as the development plan. Beginning on January 1, 2010, if the county engages in any program or action described in s. 66.0295 66.1001 (3), the development plan shall contain at least all of the elements specified in s. 66.0295 66.1001 (2).
Note: Inserts the correct cross-reference. Section 66.0295 was renumbered to s. 66.1001 by 1999 Wis. Act 150.
30,15 Section 15. 60.79 (2) (c) of the statutes is amended to read:
60.79 (2) (c) The city or village and the town sanitary district shall divide the assets and liabilities of the town sanitary district under s. 66.0235 or by entering into an intergovernmental cooperation agreement under s. 66.30 66.0301, except that the ownership of any water or sewerage system shall be determined under par. (dm).
Note: Inserts the correct cross-reference. The relevant portions of s. 66.30 were renumbered to s. 66.0301 by 1999 Wis. Act 150.
30,16 Section 16. 62.23 (2) of the statutes is amended to read:
62.23 (2) Functions. It shall be the function and duty of the commission to make and adopt a master plan for the physical development of the city, including any areas outside of its boundaries which that in the commission's judgment bear relation to the development of the city provided, however, that in any county where a regional planning department has been established, areas outside the boundaries of a city may not be included in the master plan without the consent of the county board of supervisors. The master plan, with the accompanying maps, plats, charts, and descriptive and explanatory matter, shall show the commission's recommendations for such physical development, and shall, as described in sub. (3) (b), contain at least the elements described in s. 66.0295 66.1001 (2). The commission may from time to time amend, extend, or add to the master plan or carry any part or subject matter into greater detail. The commission may adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record.
Note: Inserts the correct cross-reference. Section 66.0295 was renumbered to s. 66.1001 by 1999 Wis. Act 150.
30,17 Section 17. 62.23 (3) (b) of the statutes is amended to read:
62.23 (3) (b) The commission may adopt the master plan as a whole by a single resolution, or, as the work of making the whole master plan progresses, may from time to time by resolution adopt a part or parts of a master plan. Beginning on January 1, 2010, if the city engages in any program or action described in s. 66.0295 66.1001 (3), the master plan shall contain at least all of the elements specified in s. 66.0295 66.1001 (2). The adoption of the plan or any part, amendment, or addition, shall be by resolution carried by the affirmative votes of not less than a majority of all the members of the city plan commission. The resolution shall refer expressly to the elements under s. 66.0295 66.1001 and other matters intended by the commission to form the whole or any part of the plan, and the action taken shall be recorded on the adopted plan or part thereof of the plan by the identifying signature of the secretary of the commission, and a copy of the plan or part thereof of the plan shall be certified to the common council. The purpose and effect of the adoption and certifying of the master plan or part thereof of the plan shall be solely to aid the city plan commission and the council in the performance of their duties.
Note: Inserts the correct cross-reference. Section 66.0295 was renumbered to s. 66.1001 by 1999 Wis. Act 150.
30,18 Section 18. 66.0137 (1) of the statutes is amended to read:
66.0137 (1) Definition. In this section, "local governmental unit" means a city, village, town, county, school district (as enumerated in s. 67.01 (5)), sewerage district, drainage district, and, without limitation because of enumeration, any other political subdivision of the state should be s. 345.05 (1) (c).
Note: Deletes language inadvertently inserted by 1999 Wis. Act 150.
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