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League of Wisconsin Municipalities
Ph: (608) 267-2380
(800) 991-5502
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Senate Passes League's Adverse Possession Bill
Last week, the state Senate passed by voice vote SB 314, prohibiting persons from acquiring land owned by state and local governments through adverse possession. The League worked with Senator Marklein (R-Spring Green) and Rep. Rob Brooks R-Saukville) to introduce this bill correcting an anomaly in state law. The Assembly needs to concur in the bill before it can be sent to the Governor for his signature.
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Assembly Passes Bill Modifying Process by Which a Municipal Water Utility is Sold
Last week, the Assembly passed AB 554, a bill the League supports that changes the process for selling or leasing a water or sewer municipal utility.
Current law requires certain steps to be completed before a municipality may sell or lease a municipal public utility. First, a municipality must adopt an ordinance or resolution authorizing a proposed sale or lease. Next, the municipality must submit the proposal to the Public Service Commission (PSC). If PSC determines that the interests of the municipality and its residents will be best served by the sale or lease, PSC must then fix the price and terms of the sale or lease. Once PSC has done so, the proposal must then be submitted to the electors of the municipality in a referendum and approved.
Under the bill, a municipal governing body must adopt an ordinance or resolution authorizing a proposed sale or lease. Next, the proposal is submitted to the electors in a referendum if, within 30 days after the adoption of the ordinance or resolution, a petition signed by a number of electors equal to at least 25% of the votes cast in the municipality for Governor at the last general election is filed with the municipal clerk. If a petition is not filed or if the proposal is approved at referendum, the municipality must submit the proposal to PSC. If PSC determines that the interest of the municipality and its residents will be best served by the sale or lease, PSC must then fix the price and terms of the sale or lease.
The bill as passed by the Assembly also creates a water utility tax that is collected by a municipality from any water utility located in the municipality, other than a municipal public utility. The tax is designed to replicate a PILOT payment ordinarily made by municipal water utilities to the municipality. The amount of the tax is determined by adding the local and school tax rates, and applying the combined rate to the total taxable property of the water utility located in the municipality. A municipality may levy and collect the tax in a lesser amount, or with the permission of PSC, to levy and collect the tax in a greater amount.
The tax described above was added at the League's request. The Senate still needs to concur on the bill.
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Assembly Committee Holding Public Hearing this week on Three Remaining TIF Study Committee Bills
The Assembly Ways and Means Committee is holding a public hearing on Thursday, January 21, at 9:30 a.m. in the state capitol on three bills recommended by the Legislature's TIF Study Committee. The League supports all three bills, AB 134, AB 137, and AB 138. The same committee voted last fall to recommend passage of five other TIF Study Committee bills. Those bills are available to be scheduled for a vote of the full Assembly, which leadership has indicated will occur sometime in February. We will be urging the committee to also recommend passage of the three bills listed above. The Senate passed seven of the eight TIF Study Committee bills in 2015.
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Legislature on the Floor Again this Week
The Assembly is holding a floor session today. Most of the bills on the agenda relate to health and social services. The Senate meets on Wednesday, January 20 at 11:00 a.m. The Governor will give the State of the State at 7:00 p.m. on Tuesday, January 19.
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Recently Introduced Legislation
AB 708, Zoning of Peer Run Treatment Centers. This bill creates a zoning exemption for peer-run respite centers. Under current law, certain community living arrangements for adults obtain special zoning permission. The bill includes peer-run respite centers as a community living arrangement for adults for zoning exemption purposes. By Rep. Tittl (R-Manitowoc). The League has not yet taken a position on this bill. Comment to the League on this bill.
AB 714/SB 578, Modifying Definition of "Tourism Entity" under the Room Tax Law. This bill changes the definition, and membership of the governing body, of a tourism entity under the room tax. Under the bill, and subject to two exceptions, a tourism entity is defined as a nonprofit organization that came into existence before January 1, 2015, spends at least 51 percent of its revenues on tourism promotion and development, and provides tourism staff and services in a municipality. If no such organization exists, the bill authorizes a municipality to contract with a nonprofit entity that has either of the following sets of attributes:
1. An organization that spends at least 51 percent of its revenues on tourism
promotion and development and provides tourism staff and services in a municipality.
2. An organization that was incorporated before January 1, 2015, spends 100 percent of the room tax revenues it receives from a municipality on tourism
promotion and development, and provides tourism staff and services in a municipality. By Rep. Rohrkaste (R-Neenah) and Sen. Roth (R-Appleton). The League supports this bill. Comment to the League on this bill.
AB 720, Redemption period and notice of sale applicable to a foreclosure action Involving non-commericial Property. This bill makes several changes to state law relating to the redemption period and notice of sale applicable to a foreclosure action involving noncommercial property and procedures regarding abandoned property in a foreclosure action. By Rep. Katsma (R-Oostburg). The League has not yet taken a position on this bill. Comment to the League on this bill.
AB 730, Prohibiting Municipalities from Banning Use of Plastic Bags. This bill restricts the ability of local governments to regulate auxiliary containers. "Auxiliary container" is defined as "a bag,
cup, bottle, or other packaging that is designed to be reusable or single-use; that is made of cloth, paper, plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled material, or similar material or substrates, including coated,
laminated, or multi-layer substrates; and that is designed for transporting or protecting merchandise, food, or beverages from a food service or retail facility."
The bill specifically prohibits a local government from 1) enacting or enforcing an ordinance regulating the use, disposition, or sale of auxiliary containers;
2) prohibiting or restricting auxiliary containers; or 3) imposing a fee, charge, or surcharge on auxiliary containers. By By Rep. Rohrkaste (R-Neenah). The League has not yet taken a position on this bill. Comment to the League on this bill.
AB 735/SB 567, DNR Oversight of statewide Phosphorus Variance. This bill requires DNR to review, every three years, the water quality standards that it has promulgated to determine whether the standards should be modified or new standards should be adopted. As part of this review, DNR must also review the variances to water quality standards that it has approved, including appovals under the statewide phosphorus variance. If DNR determines that a water quality standard to which a variance applies is attainable by a permittee, DNR is required to modify the variance when the source's permit is reissued or modified. The bill requires DNR to hold a public hearing as part of this review, and to submit the results of its review to the EPA. By Rep. Loudenbeck (R-Clinton) and Sen. Cowles (R-Green Bay). The League is neutral on this bill. Comment to the League on this bill
AB 736, Proof of physical fitness requirement for certain local transit employees. Under this bill, persons who are employed by certain mass transit systems as bus drivers must, on certain occasions, provide proof of physical fitness. This proof
includes documentation that the person has had a medical examination and that the person meets federal standards for physical qualifications to operate a commercial motor vehicle. This requirement is a prohibited subject of collective bargaining.
By Rep. Loudenbeck (R-Clinton). The League supports this bill. Comment to the League on this bill.
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Hearings on Municipal Bills
SB 567, Relating to the review of water quality standards and variances to water quality standards by the Department of Natural Resources. By Senate Committee on Natural Resources and Energy, on Tuesday, January 19, at 10:00 a.m. in 411 South, State Capitol. The League is neutral on this bill.
AB 609, Relating to authorizing certain libraries to notify collection agencies and law enforcement agencies of delinquent accounts. By Assembly Committee on Urban and Local Affairs, on Wednesday, January 20, at 10:00 a.m. in 412 East, State Capitol. The League supports this bill.
AB 575, Requiring DOR to Determine Equalized Values by August 1. By Assembly Committee on Urban and Local Affairs, on Wednesday, January 20, at 10:00 a.m. in 412 East, State Capitol. The League supports this bill.
AB 577, Authorizing DOR to suspend an assessor's certification. By Assembly Committee on Urban and Local Affairs, on Wednesday, January 20, at 10:00 a.m. in 412 East, State Capitol. The League supports this bill.
AB 450, Prohibiting local ordinances, resolutions, and policies that prohibit immigration status inquiries and reports to, and cooperation with, other units of government about the presence of illegal aliens. By Assembly Committee on Urban and Local Affairs, on Wednesday, January 20, at 10:00 a.m. in 412 East, State Capitol. The League has not yet taken a position on this bill.
AB 730, Prohibiting Local Regulation of the Use of Plastic Bags and other Containers. By Assembly Committee on State Affairs and Government Operations, on Wednesday, January 20, at 10:00 a.m. in 225 Northwest, State Capitol. The League has not yet taken a position on this bill.
AB 134, Extending the life of a tax incremental district if the district's equalized value is adversely impacted by statutory changes.
By Assembly Committee on Ways and Means, on Thursday, January 21, at 9:30 a.m. in 328 Northwest, State Capitol. The League supports this bill.
AB 137, Extending Option of designating tax incremental districts as distressed or severely distressed districts. By Assembly Committee on Ways and Means, on Thursday, January 21, at 9:30 a.m. in 328 Northwest, State Capitol. The League supports this bill.
AB 138, Redetermining the base value of Poorly Performing tax incremental districts.
By Assembly Committee on Ways and Means, on Thursday, January 21, at 9:30 a.m. in 328 Northwest, State Capitol. The League supports this bill.
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