SB45: Bill Text

SB45,628,4 (b) The political subdivision has paid, or made provision for the payment of, all obligations of the political subdivision to the authority.

SB45,628,7 (14) Duty to provide transit service. An authority shall provide, or contract for the provision of, transit service within the authority’s jurisdictional area.

SB45,628,12 (17) Other statutes. This section does not limit the powers of political subdivisions to enter into intergovernmental cooperation or contracts or to establish separate legal entities under s. 66.0301 or 66.1021 or any other applicable law, or otherwise to carry out their powers under applicable statutory provisions. Section 66.0803 (2) does not apply to an authority.

SB45,1169 Section 1169. 66.1105 (2) (ab) of the statutes is renumbered 66.1105 (2) (n) (intro.) and amended to read:

SB45,628,20 66.1105 (2) (n) (intro.) “Affordable Workforce housing” means housing that costs a household no more than 30 percent of the household’s gross monthly income. to which all of the following apply, as adjusted for family size and the county in which the household is located, based on the county’s 5-year average median income and housing costs as calculated by the U.S. bureau of the census in its American community survey:

SB45,1170 Section 1170. 66.1105 (2) (cm) of the statutes is renumbered 66.1105 (2) (cm) (intro.) and amended to read:

SB45,629,3 66.1105 (2) (cm) (intro.) “Mixed-use development” means development that contains a combination of industrial, commercial, or residential uses, except that lands proposed for newly platted residential use, as shown in the project plan, may not exceed 35 either of the following:

SB45,629,4 1. Thirty-five percent, by area, of the real property within the district.

SB45,1171 Section 1171. 66.1105 (2) (cm) 2. of the statutes is created to read:

SB45,629,8 66.1105 (2) (cm) 2. Sixty percent, by area, of the real property within the district if the newly platted residential use that exceeds 35 percent is used solely for workforce housing.

SB45,1172 Section 1172. 66.1105 (2) (n) 1. of the statutes is created to read:

SB45,629,11 66.1105 (2) (n) 1. The housing costs a household no more than 30 percent of the household’s gross median income.

SB45,1173 Section 1173. 66.1105 (2) (n) 2. of the statutes is created to read:

SB45,629,15 66.1105 (2) (n) 2. The residential units of the housing are for initial occupancy by individuals whose household median income is no more than 120 percent of the county’s gross median income.

SB45,1174 Section 1174. 66.1105 (4) (f) of the statutes is amended to read:

SB45,630,14 66.1105 (4) (f) Adoption by the planning commission of a project plan for each tax incremental district and submission of the plan to the local legislative body. The plan shall include a statement listing the kind, number and location of all proposed public works or improvements within the district or, to the extent provided in sub. (2) (f) 1. k. and 1. n., outside the district, an economic feasibility study, a detailed list of estimated project costs, and a description of the methods of financing all estimated project costs and the time when the related costs or monetary obligations are to be incurred. The project plan shall also contain alternative projections of the district’s finances and economic feasibility under different economic scenarios, including the scenario in which work on a public work or improvement specified in the project plan begins 3 years later than expected and the scenario in which the rate of property value growth in the district is at least 10 percent lower than expected. The plan shall also include a map showing existing uses and conditions of real property in the district; a map showing proposed improvements and uses in the district; proposed changes of zoning ordinances, master plan, if any, map, building codes and city ordinances; a list of estimated nonproject costs; and a statement of the proposed method for the relocation of any persons to be displaced. The plan shall indicate how creation of the tax incremental district promotes the orderly development of the city. The city shall include in the plan an opinion of the city attorney or of an attorney retained by the city advising whether the plan is complete and complies with this section.

SB45,1175 Section 1175. 66.1105 (4) (gm) 4. c. of the statutes is amended to read:

SB45,631,4 66.1105 (4) (gm) 4. c. Except as provided in subs. (10) (c), (16) (d), (17), (18) (c) 3., (20) (b), and (20m) (d) 1., the equalized value of taxable property of the district plus the value increment of all existing districts does not exceed 12 percent of the total equalized value of taxable property within the city or that sub. (17) (h) applies. In determining the equalized value of taxable property under this subd. 4. c., the department of revenue shall base its calculations on the most recent equalized value of taxable property of the district that is reported under s. 70.57 (1m) before the date on which the resolution under this paragraph is adopted. If the department of revenue determines that a local legislative body exceeds the 12 percent limit described in this subd. 4. c. and that sub. (17) (h) does not apply, the department shall notify the city of its noncompliance, in writing, not later than December 31 of the year in which the department receives the completed application or amendment forms described in sub. (5) (b).

SB45,1176 Section 1176. 66.1105 (4) (h) 3. of the statutes is created to read:

SB45,632,2 66.1105 (4) (h) 3. The planning commission may, by resolution, amend the declaration under par. (gm) 6. to reclassify the district as a mixed-use district. The amendment is subject to approval by the local legislative body and the joint review board acting under sub. (4m). The amendment under this subdivision shall be concurrent with an amendment under subd. 1. to the project plan of the district. The planning commission shall ensure that the percentage of lands in the district proposed for newly platted residential use does not exceed the percentage specified in sub. (2) (cm) and that at least one of the conditions specified under sub. (2) (f) 3. a. to c. applies to the district. Adoption of an amendment to a classification shall be preceded by a public hearing held by the planning commission at which interested parties shall be afforded a reasonable opportunity to express their views on the amendment. Notice of the hearing shall be published as a class 1 notice, under ch. 985. The notice shall include a statement of the purpose and cost of the amendment and shall advise that a copy of the amendment will be provided on request. Before publication, a copy of the notice shall be sent to the chief executive officer or administrator of all local governmental entities having the power to levy taxes on property within the district and to the school board of any school district which includes property located within the proposed district. For a county with no chief executive officer or administrator, this notice shall be sent to the county board chairperson.

SB45,1177 Section 1177. 66.1105 (4m) (b) 2. of the statutes is amended to read:

SB45,632,23 66.1105 (4m) (b) 2. No tax incremental district may be created and no project plan may be amended unless the board approves the resolution adopted under sub. (4) (gm) or (h) 1., and no tax incremental base may be redetermined under sub. (5) (h) unless the board approves the resolution adopted under sub. (5) (h) 1., by a majority vote within 45 days after receiving the resolution. For actions described under this subdivision, a majority vote is required, and, except for a multijurisdictional tax incremental district, 3 affirmative votes are required to constitute a majority, except that no tax incremental district classification may be amended unless the board unanimously approves the resolution adopted under sub. (4) (h) 3. within 45 days after receiving the resolution. With regard to a multijurisdictional tax incremental district created under this section, each public member of a participating city must be part of the majority that votes for approval of the resolution or the district may not be created. The board may not approve the resolution under this subdivision unless the board’s approval contains a positive assertion that, in its judgment, the development described in the documents the board has reviewed under subd. 1. would not occur without the creation of a tax incremental district. The board may not approve the resolution under this subdivision unless the board finds that, with regard to a tax incremental district that is proposed to be created by a city under sub. (17) (a), such a district would be the only existing district created under that subsection by that city.

SB45,1178 Section 1178. 66.1105 (6) (g) 1. (intro.) of the statutes is amended to read:

SB45,633,5 66.1105 (6) (g) 1. (intro.) After Subject to subd. 1m., after the date on which a tax incremental district created by a city pays off the aggregate of all of its project costs, and notwithstanding the time at which such a district would otherwise be required to terminate under sub. (7), a city may extend the life of the district for one year 3 years if the city does all of the following:

SB45,1179 Section 1179. 66.1105 (6) (g) 1. a. of the statutes is amended to read:

SB45,633,10 66.1105 (6) (g) 1. a. The city adopts a resolution extending the life of the district for a specified number of months. The resolution shall specify how the city intends to improve its housing stock or increase the number of affordable and workforce housing stock units, as required in subd. 3.

SB45,1180 Section 1180. 66.1105 (6) (g) 1. b. of the statutes is amended to read:

SB45,633,15 66.1105 (6) (g) 1. b. The city forwards a copy of the resolution under subd. 1. a. and, if the extension is for more than one year, a copy of the resolution under subd. 1m., to the department of revenue, notifying the department that it must continue to authorize the allocation of tax increments to the district under par. (a).

SB45,1181 Section 1181. 66.1105 (6) (g) 1m. of the statutes is created to read:

SB45,633,19 66.1105 (6) (g) 1m. An extension under subd. 1. may not be for more than one year unless the joint review board approves, by resolution, the extension under subd. 1.

SB45,1182 Section 1182. 66.1105 (6) (g) 3. of the statutes is amended to read:

SB45,634,4 66.1105 (6) (g) 3. If a city receives tax increments as described in subd. 2., the city shall use at least 75 percent of the increments received that are not supporting housing stock improvements to benefit affordable housing in the city. The remaining portion of the increments shall be used by the city to improve the city’s increase the number of the city’s affordable and workforce housing stock units, with at least 50 percent of the funds supporting units for families with incomes of up to 60 percent of the county’s median household income.

SB45,1183 Section 1183. 66.1105 (7m) of the statutes is created to read:

SB45,634,8 66.1105 (7m) Classification changes. Notwithstanding subs. (6) and (7), an amendment to the classification of a district under sub. (4) (h) 3. does not affect the expenditure or allocation periods or lifespan of the district.

SB45,1184 Section 1184. 66.1105 (17) (h) of the statutes is created to read:

SB45,634,14 66.1105 (17) (h) Forthcoming termination. If a city certifies all of the following to the department of revenue, the department may certify the tax incremental base under sub. (5) (d) notwithstanding the equalized value of taxable property of the district plus the value increment of all existing districts exceeding 12 percent of the total equalized value of taxable property within the city:

SB45,634,17 1. That, not later than one year after the certification under this paragraph, districts having sufficient value increments will terminate so that the city will no longer exceed the 12 percent limit described under sub. (4) (gm) 4. c.

SB45,634,19 2. That the city will not take any action that would extend the life of any district whose termination is necessary to satisfy subd. 1.

SB45,1185 Section 1185. 66.1201 (2m) of the statutes is amended to read:

SB45,635,4 66.1201 (2m) Discrimination. Persons otherwise entitled to any right, benefit, facility, or privilege under ss. 66.1201 to 66.1211 may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, national origin, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin status as a holder or nonholder of a license under s. 343.03 (3r).

SB45,1186 Section 1186. 66.1213 (3) of the statutes is amended to read:

SB45,635,11 66.1213 (3) Discrimination. Persons otherwise entitled to any right, benefit, facility, or privilege under this section may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, national origin, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin status as a holder or nonholder of a license under s. 343.03 (3r).

SB45,1187 Section 1187. 66.1301 (2m) of the statutes is amended to read:

SB45,635,19 66.1301 (2m) Discrimination. Persons entitled to any right, benefit, facility, or privilege under ss. 66.1301 to 66.1329 may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, national origin, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin status as a holder or nonholder of a license under s. 343.03 (3r).

SB45,1188 Section 1188. 66.1305 (1) (h) of the statutes is amended to read:

SB45,636,4 66.1305 (1) (h) Dissolve without obtaining the approval of the local governing body, which may be given upon conditions deemed necessary or appropriate to the protection of the interest of the city in the proceeds of the sale of the real property as to any property or work turned into the development by the city. The approval shall be endorsed on the certificate of dissolution and the certificate may not be filed in the office of the secretary of state administration in the absence of the endorsement.

SB45,1189 Section 1189. 66.1333 (3) (e) 2. of the statutes is amended to read:

SB45,636,11 66.1333 (3) (e) 2. Persons otherwise entitled to any right, benefit, facility, or privilege under this section may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, national origin, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin status as a holder or nonholder of a license under s. 343.03 (3r).

SB45,1190 Section 1190. 67.01 (5) of the statutes is amended to read:

SB45,636,20 67.01 (5) “Municipality” means any of the following which is authorized to levy a tax: a county, city, village, town, school district, board of park commissioners, technical college district, metropolitan sewerage district created under ss. 200.01 to 200.15 or 200.21 to 200.65, town sanitary district under subch. IX of ch. 60, transit authority created under s. 66.1039, public inland lake protection and rehabilitation district established under s. 33.23, 33.235, or 33.24, and any other public body empowered to borrow money and issue obligations to repay the money out of public funds or revenues. “Municipality” does not include the state.

SB45,1191 Section 1191. 69.03 (15) of the statutes is amended to read:

SB45,637,2 69.03 (15) Periodically provide to each county child support agency under s. 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 only one parent’s name has been inserted on the registrant’s birth record within 6 months of birth.

SB45,1192 Section 1192. 69.11 (4) (b) of the statutes is amended to read:

SB45,637,17 69.11 (4) (b) The state registrar may amend an item on a birth record that affects information about the name, sex, date of birth, place of birth, parent’s name, or parent’s marital status of the mother if 365 days have elapsed since the occurrence of the event that is the subject of the birth record, if the amendment is at the request of a person with a direct and tangible interest in the record and is in the manner prescribed by the state registrar, and if the amendment is accompanied by 2 items of documentary evidence from early childhood that are sufficient to prove that the item to be changed is in error and by the affidavit of the person requesting the amendment. A change in the marital status on the birth record may be made under this paragraph only if the marital status is inconsistent with information concerning the father or husband that appears on the birth record. This paragraph may not be used to add to or delete from a birth record the name of a parent, to change the identity of a parent named on the birth record, or to effect a name change prohibited under s. 301.47.

SB45,1193 Section 1193. 69.12 (5) of the statutes is amended to read:

SB45,637,23 69.12 (5) A change in the marital status on the record of birth may be requested under this section only if the marital status is inconsistent with father or husband information appearing on the birth record. This section may not be used to add or delete the name of a parent on the record of birth or change the identity of either parent named on the birth record.

SB45,1194 Section 1194. 69.13 (2) (b) 4. of the statutes is amended to read:

SB45,638,6 69.13 (2) (b) 4. If relevant to the correction sought, a certified copy of a marriage document, divorce or annulment record, or a final divorce decree that indicates that the mother was not married to the person listed as her husband spouse at any time during the pregnancy, a legal name change order, or any other legal document that clarifies the disputed information.

SB45,1195 Section 1195. 69.14 (1) (c) 4. of the statutes is amended to read:

SB45,638,11 69.14 (1) (c) 4. In the absence of a person under subds. 1. to 3., the father or mother, father, or mother’s spouse, or in the absence of the father or the mother’s spouse and the inability of the mother, the person responsible for the premises where the birth occurs.

SB45,1196 Section 1196. 69.14 (1) (e) (title) and 1. of the statutes are amended to read:

SB45,638,18 69.14 (1) (e) (title) Father’s Spouse’s or father’s name. 1. If Except as provided in par. (h), if the mother of a registrant under this section was married at any time from the conception to the birth of the registrant, the name of the husband spouse of the mother shall be entered on the birth record as the a legal father parent of the registrant. The name of the father parent entered under this subdivision may not be changed except by a proceeding under ch. 767.

SB45,1197 Section 1197. 69.14 (1) (f) 1. of the statutes is amended to read:

SB45,639,2 69.14 (1) (f) 1. a. Except as provided under subd. 1. b., if the mother of a registrant of a birth record under this section is married to the father of the registrant at any time from the conception to the birth of the registrant, the given name and surname which that the mother and father of the registrant and her spouse enter for the registrant on the birth record shall be the given name and surname filed and registered on the birth record.

SB45,639,12 b. If the mother of a registrant of a birth record under this section is married to the father of the registrant at any time from the conception to the birth of the registrant and the mother is separated or divorced from the father of the registrant at the time of birth, the given name and surname which that the parent of the registrant with actual custody enters for the registrant on the birth record shall be the given name and surname filed and registered on the birth record, except that if a court has granted legal custody of the registrant, the given name and surname which that the person with legal custody enters for the registrant on the birth record shall be the given name and surname filed and registered on the birth record.

SB45,639,20 c. If the mother of a registrant of a birth record under this section is not married to the father of the registrant at any time from the conception to the birth of the registrant, the given name and surname which that the mother of the registrant enters for the registrant on the birth record shall be the given name and surname filed and registered on the birth record, except that if a court has granted legal custody of the registrant, the given name and surname which that the person with legal custody enters for the registrant on the birth record shall be the given name and surname filed and registered on the birth record.

SB45,1198 Section 1198. 69.14 (1) (g) of the statutes is amended to read:

SB45,640,5 69.14 (1) (g) Birth by artificial insemination. If the registrant of a birth record under this section is born as a result of artificial insemination under the requirements of s. 891.40, the husband spouse of the woman person inseminated shall be considered the father a parent of the registrant on the birth record. If the registrant is born as a result of artificial insemination which does not satisfy the requirements of s. 891.40, the information about the father of the registrant shall be omitted from the registrant’s birth record.

SB45,1199 Section 1199. 69.14 (2) (b) 2. d. of the statutes is amended to read:

SB45,640,10 69.14 (2) (b) 2. d. The full name of the father or the mother’s spouse, except that if the mother was not married at the time of conception or birth or between conception and birth of the registrant, the name of the father may not be entered except as provided under s. 69.15 (3).

SB45,1200 Section 1200. 69.15 (1) of the statutes is amended to read:

SB45,640,16 69.15 (1) Birth record information changes. The state registrar may change information on a birth record registered in this state which was correct at the time the birth record was filed under a court or administrative order issued in this state, in another state or in Canada or under the valid order of a court of any federally recognized Indian tribe, band, or nation if all of the following occur:

SB45,640,18 (a) The order provides for an adoption, name change, or name change with sex change or establishes paternity; and or parentage.

SB45,640,23 (b) A clerk of court or, for a paternity or parentage action, a clerk of court or county child support agency under s. 59.53 (5), sends the state registrar a certified report of an order of a court in this state in the method prescribed by the state registrar or, in the case of any other order, the state registrar receives a certified copy of the order and the proper fee under s. 69.22.

SB45,1201 Section 1201. 69.15 (3) (title) and (a) (intro.), 1., 2. and 3. of the statutes are amended to read:

SB45,641,8 69.15 (3) (title) Paternity Parentage. (a) (intro.) If the state registrar receives an order under sub. (1) that establishes paternity or determines that the man person whose name appears on a registrant’s birth record is not the father parent of the registrant, or a report under s. 767.804 (1) (c) that shows a conclusive determination of paternity, the state registrar shall do the following, as appropriate:

SB45,641,12 1. Prepare under sub. (6) a new record omitting the father’s parent’s name if the order determines that the man person whose name appears on a registrant’s birth record is not the father parent of the registrant and if there is no adjudicated father.

SB45,641,15 2. Prepare under sub. (6) a new record for the subject of a paternity action changing the name of the father parent if the name of the adjudicated father is different than the name of the man person on the birth record.

SB45,641,18 3. Except as provided under subd. 4., insert the name of the adjudicated or conclusively determined father on the original birth record if the name of the father that parent was omitted on the original record.

SB45,1202 Section 1202. 69.15 (3) (b) 1., 2., 3. and 4. (intro.), a. and b. of the statutes are amended to read:

SB45,642,6 69.15 (3) (b) 1. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity parentage in the manner prescribed by the state registrar and signed by both of the birth natural parents of a child determined to be a marital child under s. 767.803, a certified copy of the parents’ marriage record, and the fee required under s. 69.22 (5) (b) 1., the state registrar shall insert the name of the husband spouse of the person who gave birth from the marriage record as the father parent if the name of the father that parent was omitted on the original birth record. The state registrar shall include for the acknowledgment the items in s. 767.813 (5g).

SB45,642,11 2. Except as provided under par. (c), if the parent of a child determined to be a marital child under s. 767.803 dies after his or her marriage and before the statement acknowledging paternity parentage has been signed, the state registrar shall insert the name of the father parent under subd. 1. upon receipt of a court order determining that the husband spouse was the father parent of the child.

SB45,642,22 3. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity parentage in the method prescribed by the state registrar and signed by both parents, neither of whom was under the age of 18 years when the form was signed, along with the fee under s. 69.22, the state registrar shall insert the name of the father parent under subd. 1. The state registrar shall mark the record to show that the acknowledgement is on file. The acknowledgement shall be available to the department of children and families or a county child support agency under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or to any other person with a direct and tangible interest in the record. The state registrar shall include on the acknowledgment the information in s. 767.805 and the items in s. 767.813 (5g).

SB45,643,4 4. (intro.) If a registrant has not reached the age of 18 years and if any of the following indicate, in a statement acknowledging paternity parentage under subd. 1. or 3., that the given name or surname, or both, of the registrant should be changed on the birth record, the state registrar shall enter the name indicated on the birth record without a court order:

SB45,643,6 a. The mother of the parent who gave birth to the registrant, except as provided under subd. 4. b. and c.

SB45,643,8 b. The father of natural parent who did not give birth to the registrant if the father that parent has legal custody of the registrant.

SB45,1203 Section 1203. 69.15 (3) (b) 3m. of the statutes is created to read:

SB45,643,16 69.15 (3) (b) 3m. Except as provided in par. (c), if the state registrar receives an acknowledgement of parentage on a form prescribed by the state registrar and signed by both of the people presumed to be natural parents under s. 891.41 (1) (b), a certified copy of the parents’ marriage certificate, and the fee required under s. 69.22 (5) (b) 1., the state registrar shall insert the name of the spouse from the marriage certificate as a parent if the name of that parent was omitted on the original birth certificate.

SB45,1204 Section 1204. 69.15 (3) (d) of the statutes is amended to read: