Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB85 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Date of enactment:
2		-	2023 Senate Bill 85 Date of publication*:
3		-	2023 WISCONSIN ACT
4		-	AN ACT to amend 33.26 (2), 33.30 (2) (a), 33.32 (1) (c), 33.32 (1) (e) and 33.32 (1) (f); and to create 33.32 (1m)
5		-	of the statutes; relating to: authorizing email for notice of public inland lake protection and rehabilitation district
6		-	board business.
7		-	The people of the state of Wisconsin, represented in
8		-	senate and assembly, do enact as follows:
9		-	SECTION 1. 33.26 (2) of the statutes is amended to
10		-	read:
11		-	33.26 (2) Notice announcing the hearing and stating
12		-	the boundaries of the proposed district shall be published
13		-	in a paper of general circulation in the county in which the
14		-	proposed district is located as a class 1 notice, under ch.
15		-	985, and shall be mailed or emailed by the county board
16		-	to the last−known address or email address of each
17		-	landowner within the proposed district. The notice
18		-	required under this subsection may be provided by email
19		-	only to landowners who have agreed to receive notice via
20		-	email.
21		-	SECTION 2. 33.30 (2) (a) of the statutes is amended
22		-	to read:
23		-	33.30 (2) (a) The annual meeting shall be preceded
24		-	by written notice mailed or emailed at least 14 days in
25		-	advance of the meeting to all electors within the district
26		-	whose address or email address is known or can be ascer-
27		-	tained with reasonable diligence, to all owners of prop-
28		-	erty within the district at the owner’s email address or
29		-	address as listed in the tax roll, and to the department.
30		-	The district board of commissioners may substitute a
31		-	class 2 notice, under ch. 985, in lieu of sending written
32		-	notice to electors residing within the district. The notice
33		-	required under this paragraph may be provided by email
34		-	only to electors and owners of property who have agreed
35		-	to receive notice via email.
36		-	SECTION 3. 33.32 (1) (c) of the statutes is amended
37		-	to read:
38		-	33.32 (1) (c) The commissioners shall file in the
39		-	office of the county clerk a report of the assessments
40		-	made. Notice shall be given to each owner, mortgagee,
41		-	lessee or other person having an interest in an affected
42		-	parcel that the report is open for review at a specified
43		-	place within the district for 30 days after the date of the
44		-	notice and that on a day named therein, which shall not
45		-	be more than 3 days after the expiration of the 30 days,
46		-	the commissioners will hear objections that may be made
47		-	to the report. Notice shall be by mail or email to each per-
48		-	son whose post−office address or email address is known
49		-	or can be ascertained with reasonable diligence, accom-
50		-	panied by a statement of the assessment, and shall also be
51		-	published as a class 2 notice, under ch. 985, in a newspa-
52		-	per having general circulation within the district.
53		-	SECTION 4. 33.32 (1) (e) of the statutes is amended
54		-	to read:
55		-	33.32 (1) (e) When a final determination of assess-
56		-	ments has been made, the secretary shall publish a class
57		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
58		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Senate Bill 85
59		-	1 notice, under ch. 985, within the district that a final
60		-	determination has been made, and shall notify by mail or
61		-	email each person entitled to notice under par. (c) of the
62		-	amount assessed against the affected parcel.
63		-	SECTION 5. 33.32 (1) (f) of the statutes is amended to
64		-	read:
65		-	33.32 (1) (f) An owner, mortgagee, lessee or other
66		-	person having an interest in any parcel affected by the
67		-	determination who feels aggrieved thereby may, within
68		-	40 days after the date of mailing or emailing of notice,
69		-	appeal therefrom to the circuit court of the county in
70		-	which the district is located by causing a written notice
71		-	of appeal to be served upon the secretary of the district.
72		-	The secretary in case such appeal is taken shall make a
73		-	brief statement of the proceedings had in the matter and
74		-	shall transmit the same with all papers in the matter to the
75		-	clerk of the circuit court. Such appeal shall be tried and
76		-	determined in the same manner as cases originally com-
77		-	menced in said court.
78		-	SECTION 6m. 33.32 (1m) of the statutes is created to
79		-	read:
80		-	33.32 (1m) The notices required under sub. (1) (c),
81		-	(e), and (f) may be provided by email only to persons who
82		-	have agreed to receive notices via email.
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 SENATE BILL 85
	5	+	March 1, 2023 - Introduced by Senators TESTIN, BALLWEG, ROYS, WANGGAARD,
	6	+	FELZKOWSKI and NASS, cosponsored by Representatives KRUG, ARMSTRONG,
	7	+	DITTRICH, MURSAU and RETTINGER. Referred to Committee on Transportation
	8	+	and Local Government.
	9	+	AN ACT to amend 33.26 (2), 33.30 (2) (a), 33.32 (1) (c), 33.32 (1) (e) and 33.32 (1)
	10	+	(f) of the statutes; relating to: authorizing email for notice of public inland lake
	11	+	protection and rehabilitation district board business.
	12	+	Analysis by the Legislative Reference Bureau
	13	+	This bill authorizes email to be used for providing notice of business conducted
	14	+	by the board of a public inland lake protection and rehabilitation district.
	15	+	Under current law, districts may be created to protect and rehabilitate a lake
	16	+	within the district. When creation of a district is proposed, the county board must
	17	+	send notice by mail to each landowner within the proposed district. Once created, a
	18	+	district board must have an annual meeting, notice of which must be provided by
	19	+	mail to electors in the district.
	20	+	Under current law, a district board may levy a special assessment to carry out
	21	+	lake protection and rehabilitation projects or lake management or sanitary service
	22	+	activities. Notice of proposed and final assessments must be provided by mail to each
	23	+	owner, mortgagee, lessee, or other person with an interest in a parcel affected by the
	24	+	assessment.
	25	+	The bill provides that email is an acceptable method of providing these required
	26	+	notices.
	27	+	The people of the state of Wisconsin, represented in senate and assembly, do
	28	+	enact as follows:
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	33	+	SECTION 1 SENATE BILL 85
	34	+	SECTION 1. 33.26 (2) of the statutes is amended to read:
	35	+	33.26 (2) Notice announcing the hearing and stating the boundaries of the
	36	+	proposed district shall be published in a paper of general circulation in the county
	37	+	in which the proposed district is located as a class 1 notice, under ch. 985, and shall
	38	+	be mailed or emailed by the county board to the last-known address or email address
	39	+	of each landowner within the proposed district.
	40	+	SECTION 2. 33.30 (2) (a) of the statutes is amended to read:
	41	+	33.30 (2) (a) The annual meeting shall be preceded by written notice mailed or
	42	+	emailed at least 14 days in advance of the meeting to all electors within the district
	43	+	whose address or email address is known or can be ascertained with reasonable
	44	+	diligence, to all owners of property within the district at the owner's email address
	45	+	or address as listed in the tax roll, and to the department. The district board of
	46	+	commissioners may substitute a class 2 notice, under ch. 985, in lieu of sending
	47	+	written notice to electors residing within the district.
	48	+	SECTION 3. 33.32 (1) (c) of the statutes is amended to read:
	49	+	33.32 (1) (c) The commissioners shall file in the office of the county clerk a
	50	+	report of the assessments made. Notice shall be given to each owner, mortgagee,
	51	+	lessee or other person having an interest in an affected parcel that the report is open
	52	+	for review at a specified place within the district for 30 days after the date of the
	53	+	notice and that on a day named therein, which shall not be more than 3 days after
	54	+	the expiration of the 30 days, the commissioners will hear objections that may be
	55	+	made to the report. Notice shall be by mail or email to each person whose post-office
	56	+	address or email address is known or can be ascertained with reasonable diligence,
	57	+	accompanied by a statement of the assessment, and shall also be published as a class
	58	+	2 notice, under ch. 985, in a newspaper having general circulation within the district.
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	86	+	SECTION 4
	87	+	SENATE BILL 85
	88	+	SECTION 4. 33.32 (1) (e) of the statutes is amended to read:
	89	+	33.32 (1) (e) When a final determination of assessments has been made, the
	90	+	secretary shall publish a class 1 notice, under ch. 985, within the district that a final
	91	+	determination has been made, and shall notify by mail or email each person entitled
	92	+	to notice under par. (c) of the amount assessed against the affected parcel.
	93	+	SECTION 5. 33.32 (1) (f) of the statutes is amended to read:
	94	+	33.32 (1) (f) An owner, mortgagee, lessee or other person having an interest in
	95	+	any parcel affected by the determination who feels aggrieved thereby may, within 40
	96	+	days after the date of mailing or emailing of notice, appeal therefrom to the circuit
	97	+	court of the county in which the district is located by causing a written notice of
	98	+	appeal to be served upon the secretary of the district. The secretary in case such
	99	+	appeal is taken shall make a brief statement of the proceedings had in the matter and
	100	+	shall transmit the same with all papers in the matter to the clerk of the circuit court.
	101	+	Such appeal shall be tried and determined in the same manner as cases originally
	102	+	commenced in said court.
	103	+	(END)
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