SB 85 — Relating to: authorizing email for notice of public inland lake protection and rehabilitation district board business.

- 2024 LEGISLATURE LRBa0683/1LRB-2015/1 ZDW:skw ASSEMBLY AMENDMENT 1, TO SENATE BILL 85 NovemberMarch 3,1, 2023 - OfferedIntroduced by RepresentativeRUGSenators T ESTIN, BALLWEG , ROYS , WANGGAARD , FELZKOWSKI and N ASS, cosponsored by Representatives K RUG, ARMSTRONG , DITTRICH, MURSAU and RETTINGER .

AtReferred theto locationsCommittee indicated,on amendTransportation theand billLocal asGovernment. follows:

1.A N A CT to amend 33.26 (2), 33.30 (2) (a), 33.32 (1) (c), 33.32 (1) (e) and 33.32 (1) (f) of the statutes;

Pagerelating 2,to: line 6:

afterauthorizing “district."email insertfor “The notice requiredof underpublic thisinland subsectionlake mayprotection beand providedrehabilitation bydistrict emailboard onlybusiness. to landowners who have agreed to receive notice via email.".

2.Analysis by the Legislative Reference Bureau This bill authorizes email to be used for providing notice of business conducted by the board of a public inland lake protection and rehabilitation district.

PageUnder 2,current linelaw, 14:districts may be created to protect and rehabilitate a lake within the district.

afterWhen “district."creation insertof “Thea noticedistrict requiredis underproposed, thisthe subsectioncounty mayboard bemust providedsend notice by emailmail only to electorseach andlandowner ownerswithin ofthe propertyproposed whodistrict. have agreed to receive notice via email.".

3.Once created, a district board must have an annual meeting, notice of which must be provided by mail to electors in the district.

PageUnder 3,current linelaw, 15:a district board may levy a special assessment to carry out lake protection and rehabilitation projects or lake management or sanitary service activities.

afterNotice thatof lineproposed insert:and final assessments must be provided by mail to each owner, mortgagee, lessee, or other person with an interest in a parcel affected by the assessment.

“SECTIONThe 6m.bill provides that email is an acceptable method of providing these required notices.

33.32The (1m)people of the statutesstate isof createdWisconsin, torepresented read:in senate and assembly, do enact as follows:

33.32- (1m)2024 TheLegislature notices- required2 under- sub.LRB-2015/1 ZDW:skw SENATE BILL 85 SECTION 1 SECTION 1.

(1)33.26 (c),(2) (e),of andthe (f)statutes mayis beamended provided by email only to personsread: who have agreed to receive notices via email.”.

33.26 (2) Notice announcing the hearing and stating the boundaries of the proposed district shall be published in a paper of general circulation in the county in which the proposed district is located as a class 1 notice, under ch.

985, and shall be mailed or emailby the county board to the last-known address or email address of each landowner within the proposed district.

SECTION 2.

33.30 (2) (a) of the statutes is amended to read:

33.30 (2) (a) The annual meeting shall be preceded by written notice mailed or emailed at least 14 days in advance of the meeting to all electors within the district whose address or email address is known or can be ascertained with reasonable diligence, to all owners of property within the district at the owner's email address or address as listed in the tax roll, and to the department.

The district board of commissioners may substitute a class 2 notice, under ch.

985, in lieu of sending written notice to electors residing within the district.

SECTION 3.

33.32 (1) (c) of the statutes is amended to read:

33.32 (1) (c) The commissioners shall file in the office of the county clerk a report of the assessments made.

Notice shall be given to each owner, mortgagee, lessee or other person having an interest in an affected parcel that the report is open for review at a specified place within the district for 30 days after the date of the notice and that on a day named therein, which shall not be more than 3 days after the expiration of the 30 days, the commissioners will hear objections that may be made to the report.

Notice shall be by mail or email to each person whose post-office address or email address is known or can be ascertained with reasonable diligence, accompanied by a statement of the assessment, and shall also be published as a class 2 notice, under ch.

985, in a newspaper having general circulation within the district.

LRB-2015/1 - 2024 Legislature - 3 - ZDW:skw SECTION 4 SENATE BILL 85 SECTION 4.

33.32 (1) (e) of the statutes is amended to read:

33.32 (1) (e) When a final determination of assessments has been made, the secretary shall publish a class 1 notice, under ch.

985, within the district that a final determination has been made, and shall notify by mail or email each person entitled to notice under par.

(c) of the amount assessed against the affected parcel.

SECTION 5.

33.32 (1) (f) of the statutes is amended to read:

33.32 (1) (f) An owner, mortgagee, lessee or other person having an interest in any parcel affected by the determination who feels aggrieved thereby may, within 40 days after the date of mailing or emailingtice, appeal therefrom to the circuit court of the county in which the district is located by causing a written notice of appeal to be served upon the secretary of the district.

The secretary in case such appeal is taken shall make a brief statement of the proceedings had in the matter and shall transmit the same with all papers in the matter to the clerk of the circuit court.

Such appeal shall be tried and determined in the same manner as cases originally commenced in said court.