2001 Wisconsin Act 16

59.72 (5) (b) (intro.) A county may retain $4 $5 of the $6 $7 submitted under par. (a) from the fee for recording the first page of each instrument that is recorded under s. 59.43 (2) (ag) 1. and (e) if all of the following conditions are met:

16,2003m Section 2003m. 59.72 (5) (b) 3. of the statutes is amended to read:

59.72 (5) (b) 3. The county uses the fees $4 of each $5 fee retained under this paragraph to develop, implement, and maintain the countywide plan for land records modernization, and $1 of each $5 fee retained under this paragraph to develop and maintain a computerized indexing of the county's land information records relating to housing, including the housing element of the county's land use plan under s. 66.1001 (2) (b), in a manner that would allow for greater public access via the Internet.

16,2003mn Section 2003mn. 59.74 (2) (g) of the statutes is amended to read:

59.74 (2) (g) Every land surveyor and every officer of the department of natural resources, every officer of the department of forestry and the district attorney shall enforce this subsection.

16,2003pc Section 2003pc. 60.10 (1) (g) of the statutes is created to read:

60.10 (1) (g) Hourly wage of certain employees. Establish the hourly wage to be paid under s. 60.37 (4) to a town employee who is also an elected town officer, unless the authority has been delegated to the town board under sub. (2) (L).

16,2003pd Section 2003pd. 60.10 (2) (g) of the statutes is amended to read:

60.10 (2) (g) Disposal of property. Authorize the town board to dispose of town real property, real or personal, other than property donated to and required to be held by the town for a special purpose.

16,2003pe Section 2003pe. 60.10 (2) (L) of the statutes is created to read:

60.10 (2) (L) Hourly wage of certain employees. Authorize the town board to establish the hourly wage to be paid under s. 60.37 (4) to a town employee who is also an elected town officer, other than a town board supervisor.

16,2003r Section 2003r. 60.23 (25) of the statutes is amended to read:

60.23 (25) Self-insured health plans. Provide health care benefits to its officers and employees on a self-insured basis if the self-insured plan complies with ss. 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) and (11) to (14) and 632.896, subject to s. 66.0137 (4).

16,2003sc Section 2003sc. 60.323 of the statutes is amended to read:

60.323 Compensation when acting in more than one official capacity. Except for offices combined under s. 60.305, no town may compensate a town officer for acting in more than one official capacity or office of the town at the same time.

16,2003sd Section 2003sd. 60.34 (1) (a) of the statutes is amended to read:

60.34 (1) (a) Receive Except as provided in s. 66.0608, receive and take charge of all money belonging to the town, or which is required by law to be paid into the town treasury, and disburse the money under s. 66.0607.

16,2003se Section 2003se. 60.37 (1) of the statutes is amended to read:

60.37 (1) General. The town board may employ on a temporary or permanent basis persons necessary to carry out the functions of town government including, subject to sub. (4), any elected officer of the town. The board may establish the qualifications and terms of employment, which may include the residency of the employee. The board may delegate the authority to hire town employees to any town official or employee.

16,2003sg Section 2003sg. 60.37 (4) of the statutes is created to read:

60.37 (4) Elected officers serving as employees. (a) An elected town officer who also serves as a town employee may be paid an hourly wage for serving as a town employee, not exceeding a total of $5,000 each year. Amounts that are paid under this paragraph may be paid in addition to any amount that an individual receives under s. 60.32 or as a volunteer fire fighter, emergency medical technician, or first responder under s. 66.0501 (4). The $5,000 maximum in this paragraph includes amounts paid to a town board supervisor who is acting as superintendent of highways under s. 81.01 (1).

(b) 1. Except as provided in subd. 2., the town meeting shall establish the hourly wage to be paid an elected town officer for serving as a town employee.

2. If authorized by the town meeting under s. 60.10 (2) (L), the town board may establish the hourly wage to be paid an elected town officer, other than a town board supervisor, for serving as a town employee.

16,2003t Section 2003t. 60.47 (7) of the statutes is created to read:

60.47 (7) Minority contracting. If a town board enacts an ordinance or adopts a resolution that authorizes preferences or set-asides to minority businesses in the awarding of a public work contract under subs. (2) and (3), the ordinance or resolution shall require that the minority business be certified by the department of commerce under s. 560.036 (2).

16,2003tm Section 2003tm. 60.77 (6) (a) of the statutes is amended to read:

60.77 (6) (a) Let contracts for any work or purchase that involves an expenditure of $5,000 $15,000 or more to the lowest responsible bidder in the manner prescribed by the commission. Section 66.0901 applies to contracts let under this paragraph.

16,2003u Section 2003u. 61.26 (2) of the statutes is amended to read:

61.26 (2) Receive Except as provided in s. 66.0608, receive all moneys belonging or accruing to the village or directed by law to be paid to the treasurer.

16,2003ve Section 2003ve. 61.26 (3) of the statutes is amended to read:

61.26 (3) Deposit Except as provided in s. 66.0608, deposit upon receipt the funds of the village in the name of the village in the public depository designated by the board. Failure to comply with this subsection shall be prima facie grounds for removal from office. When the money is deposited, the treasurer and bonders are not liable for the losses defined by s. 34.01 (2), and the interest shall be paid into the village treasury.

16,2003vp Section 2003vp. 61.55 of the statutes is renumbered 61.55 (1) and amended to read:

61.55 (1) All contracts for public construction, in any such village, exceeding $15,000, shall be let by the village board to the lowest responsible bidder in accordance with s. 66.0901 insofar as said that section may be is applicable. If the estimated cost of any public construction exceeds $5,000, but is not greater than $15,000, the village board shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed.

(2) This provision does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers, and this provision and s. 281.41 are not mandatory for the repair and reconstruction of public facilities when damage or threatened damage thereto creates an emergency, as determined by resolution of the village board, in which the public health or welfare of the village is endangered. Whenever the village board by majority vote at a regular or special meeting declares that an emergency no longer exists, this exemption no longer applies.

16,2003vq Section 2003vq. 61.55 (3) of the statutes is created to read:

61.55 (3) If a village board enacts an ordinance or adopts a resolution that authorizes preferences or set-asides to minority businesses in the awarding of a public work contract under sub. (1), the ordinance or resolution shall require that the minority business be certified by the department of commerce under s. 560.036 (2).

16,2003we Section 2003we. 62.09 (9) (a) of the statutes is amended to read:

62.09 (9) (a) The Except as provided in s. 66.0608, the treasurer shall collect all city, school, county, and state taxes, receive all moneys belonging to the city or which by law are directed to be paid to the treasurer, and pay over the money in the treasurer's hands according to law.

16,2003wg Section 2003wg. 62.09 (9) (e) of the statutes is amended to read:

62.09 (9) (e) The Except as provided in s. 66.0608, the treasurer shall deposit immediately upon receipt thereof the funds of the city in the name of the city in the public depository designated by the council. Such deposit may be in either a demand deposit or in a time deposit, maturing in not more than one year. Failure to comply with the provisions hereof shall be prima facie grounds for removal from office. When the money is so deposited, the treasurer and the treasurer's bonders shall not be liable for such losses as are defined by s. 34.01 (2). The interest arising therefrom shall be paid into the city treasury.

16,2003wm Section 2003wm. 62.15 (1) of the statutes is renumbered 62.15 (1) (a) and amended to read:

62.15 (1) Contracts; how let; exception for donated materials and labor. (a) All public construction, the estimated cost of which exceeds $15,000, shall be let by contract to the lowest responsible bidder; all. All other public construction shall be let as the council may direct. If the estimated cost of any public construction exceeds $5,000 but is not greater than $15,000, the board of public works shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed.

(b) This provision does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers. The council may also by a vote of three-fourths of all the members-elect provide by ordinance that any class of public construction or any part thereof may be done directly by the city without submitting the same for bids.

16,2003wq Section 2003wq. 62.15 (1) (c) of the statutes is created to read:

62.15 (1) (c) If a council enacts an ordinance or adopts a resolution that authorizes preferences or set-asides to minority businesses in the awarding of a public work contract under par. (a), the ordinance or resolution shall require that the minority business be certified by the department of commerce under s. 560.036 (2).

16,2004 Section 2004. 62.50 (23m) of the statutes is repealed.

16,2004g Section 2004g. 64.12 (4) of the statutes is amended to read:

64.12 (4) At the end of each fiscal year the council shall cause a full and complete examination of all the books and accounts of the city to be made by competent certified public accountants licensed or certified under ch. 442 who shall report in full to the council. The summaries of such audits shall be presented and furnished to all newspapers and libraries of the city and to such other persons as shall apply therefor.

16,2004j Section 2004j. 64.34 (2) of the statutes is amended to read:

64.34 (2) At the end of each year the council shall cause a full and complete examination of all of the books and accounts of the city to be made by competent certified public accountants licensed or certified under ch. 442, who shall report in full thereon to the council. Copies of such reports shall be furnished by the council to all newspapers of the city and to all persons who shall apply therefor.

16,2005 Section 2005. 66.0113 (1) (b) 7. c. of the statutes is amended to read:

66.0113 (1) (b) 7. c. That, if the alleged violator makes a cash deposit and does not appear in court, he or she either will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment imposed by s. 757.05, a jail assessment imposed by s. 302.46 (1), a crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable consumer information protection assessment imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1) not to exceed the amount of the deposit or will be summoned into court to answer the complaint if the court does not accept the plea of no contest.

16,2006 Section 2006. 66.0113 (1) (b) 7. d. of the statutes is amended to read:

66.0113 (1) (b) 7. d. That, if the alleged violator does not make a cash deposit and does not appear in court at the time specified, the court may issue a summons or a warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment under sub. (3) (d), or the municipality may commence an action against the alleged violator to collect the forfeiture, the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable consumer information protection assessment imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1).

16,2007 Section 2007. 66.0113 (1) (c) of the statutes is amended to read:

66.0113 (1) (c) An ordinance adopted under par. (a) shall contain a schedule of cash deposits that are to be required for the various ordinance violations, and for the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable consumer information protection assessment imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1), for which a citation may be issued. The ordinance shall also specify the court, clerk of court or other official to whom cash deposits are to be made and shall require that receipts be given for cash deposits.

16,2008 Section 2008. 66.0113 (3) (a) of the statutes is amended to read:

66.0113 (3) (a) The person named as the alleged violator in a citation may appear in court at the time specified in the citation or may mail or deliver personally a cash deposit in the amount, within the time and to the court, clerk of court or other official specified in the citation. If a person makes a cash deposit, the person may nevertheless appear in court at the time specified in the citation, but the cash deposit may be retained for application against any forfeiture, restitution, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, consumer information protection assessment, or domestic abuse assessment that may be imposed.

16,2009 Section 2009. 66.0113 (3) (b) of the statutes is amended to read:

66.0113 (3) (b) If a person appears in court in response to a citation, the citation may be used as the initial pleading, unless the court directs that a formal complaint be made, and the appearance confers personal jurisdiction over the person. The person may plead guilty, no contest or not guilty. If the person pleads guilty or no contest, the court shall accept the plea, enter a judgment of guilty and impose a forfeiture, the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable consumer information protection assessment imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1). If the court finds that the violation meets the conditions in s. 800.093 (1), the court may order restitution under s. 800.093. A plea of not guilty shall put all matters in the case at issue, and the matter shall be set for trial.

16,2010 Section 2010. 66.0113 (3) (c) of the statutes is amended to read:

66.0113 (3) (c) If the alleged violator makes a cash deposit and fails to appear in court, the citation may serve as the initial pleading and the violator shall be considered to have tendered a plea of no contest and submitted to a forfeiture, the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable consumer information protection assessment imposed by s. 100.261 , and any applicable domestic abuse assessment imposed by s. 973.055 (1) not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly or reject the plea. If the court finds the violation meets the conditions in s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under s. 800.093. If the court accepts the plea of no contest, the defendant may move within 10 days after the date set for the appearance to withdraw the plea of no contest, open the judgment, and enter a plea of not guilty if the defendant shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise, or excusable neglect. If the plea of no contest is accepted and not subsequently changed to a plea of not guilty, no costs or fees may be taxed against the violator, but a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment and, if applicable, a consumer information protection assessment or a domestic abuse assessment shall be assessed. If the court rejects the plea of no contest, an action for collection of the forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, any applicable consumer information protection assessment, and any applicable domestic abuse assessment may be commenced. A city, village, town sanitary district, or public inland lake protection and rehabilitation district may commence action under s. 66.0114 (1) and a county or town may commence action under s. 778.10. The citation may be used as the complaint in the action for the collection of the forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, any applicable consumer information protection assessment, and any applicable domestic abuse assessment.

16,2011 Section 2011. 66.0113 (3) (d) of the statutes is amended to read:

66.0113 (3) (d) If the alleged violator does not make a cash deposit and fails to appear in court at the time specified in the citation, the court may issue a summons or warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment accordingly if service was completed as provided under par. (e) or the county, town, city, village, town sanitary district, or public inland lake protection and rehabilitation district may commence an action for collection of the forfeiture, penalty assessment, jail assessment, and crime laboratories and drug law enforcement assessment, any applicable consumer information protection assessment, and any applicable domestic abuse assessment. A city, village, town sanitary district, or public inland lake protection and rehabilitation district may commence action under s. 66.0114 (1) and a county or town may commence action under s. 778.10. The citation may be used as the complaint in the action for the collection of the forfeiture, penalty assessment, jail assessment, and crime laboratories and drug law enforcement assessment, any applicable consumer information protection assessment, and any applicable domestic abuse assessment. If the court considers the nonappearance to be a plea of no contest and enters judgment accordingly, the court shall promptly mail a copy or notice of the judgment to the defendant. The judgment shall allow the defendant not less than 20 days from the date of the judgment to pay any forfeiture, penalty assessment, jail assessment, and crime laboratories and drug law enforcement assessment, any applicable consumer information protection assessment, and any applicable domestic abuse assessment imposed. If the defendant moves to open the judgment within 6 months after the court appearance date fixed in the citation, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise, or excusable neglect, the court shall reopen the judgment, accept a not guilty plea and set a trial date.

16,2012 Section 2012. 66.0114 (1) (b) of the statutes is amended to read:

66.0114 (1) (b) Local ordinances, except as provided in this paragraph or ss. 345.20 to 345.53, may contain a provision for stipulation of guilt or no contest of any or all violations under those ordinances, may designate the manner in which the stipulation is to be made and may fix the penalty to be paid. When a person charged with a violation for which stipulation of guilt or no contest is authorized makes a timely stipulation, pays the required penalty and pays the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable consumer information protection assessment imposed by s. 100.261 , and any applicable domestic abuse assessment imposed by s. 973.055 (1) to the designated official, the person need not appear in court and no witness fees or other additional costs may be taxed unless the local ordinance so provides. A court appearance is required for a violation of a local ordinance in conformity with s. 346.63 (1).

16,2013 Section 2013. 66.0114 (1) (bm) of the statutes is amended to read:

66.0114 (1) (bm) The official receiving the penalties shall remit all moneys collected to the treasurer of the city, village, town sanitary district, or public inland lake protection and rehabilitation district in whose behalf the sum was paid, except that all jail assessments shall be remitted to the county treasurer, within 20 days after its receipt by the official. If timely remittance is not made, the treasurer may collect the payment of the officer by action, in the name of the office, and upon the official bond of the officer, with interest at the rate of 12% per year from the date on which it was due. In the case of the penalty assessment imposed by s. 757.05, the crime laboratories and drug law enforcement assessment imposed by s. 165.755, the driver improvement surcharge imposed by s. 346.655 (1), the truck driver education assessment imposed by s. 349.04, any applicable consumer information protection assessment imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1), the treasurer of the city, village, town sanitary district, or public inland lake protection and rehabilitation district shall remit to the state treasurer the amount required by law to be paid on the actions entered during the preceding month on or before the first day of the next succeeding month. The governing body of the city, village, town sanitary district, or public inland lake protection and rehabilitation district shall by ordinance designate the official to receive the penalties and the terms under which the official qualifies.

16,2014 Section 2014. 66.0114 (3) (b) of the statutes is amended to read:

66.0114 (3) (b) All forfeitures and penalties recovered for the violation of an ordinance or bylaw of a city, village, town, town sanitary district, or public inland lake protection and rehabilitation district shall be paid into the city, village, town, town sanitary district, or public inland lake protection and rehabilitation district treasury for the use of the city, village, town, town sanitary district, or public inland lake protection and rehabilitation district, except as provided in par. (c), and sub. (1) (bm) and s. 757.05. The judge shall report and pay into the treasury, quarterly, or at more frequent intervals if required, all moneys collected belonging to the city, village, town, town sanitary district, or public inland lake protection and rehabilitation district. The report shall be certified and filed in the office of the treasurer. The judge is entitled to duplicate receipts, one of which he or she shall file with the city, village, or town clerk, or with the town sanitary district or the public inland lake protection and rehabilitation district.

16,2014m Section 2014m. 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).

16,2014n Section 2014n. 66.0137 (4m) of the statutes is created to read:

66.0137 (4m) Joint self-insured plans. (a) In this subsection, "political subdivision" means a city, village, town, or county.

(b) A political subdivision and one or more other political subdivisions, that together have at least 100 employees, may jointly provide health care benefits to their officers and employees on a self insured basis.

(c) Any plan under par. (b) shall comply with the provisions listed in sub. (4).

16,2015 Section 2015. 66.0203 (8) (b) of the statutes is amended to read:

66.0203 (8) (b) On the basis of the hearing the circuit court shall find if the standards under s. 66.0205 are met. If the court finds that the standards are not met, the court shall dismiss the petition. If the court finds that the standards are met the court shall refer the petition to the department and. Upon payment of any fee imposed under s. 16.53 (14), the department shall determine whether the standards under s. 66.0207 are met.

16,2016 Section 2016. 66.0203 (9) (a) of the statutes is amended to read:

66.0203 (9) (a) Upon receipt of the petition from the circuit court and payment of any fee imposed under s. 16.53 (14), the department shall make any necessary investigation to apply the standards under s. 66.0207.

16,2017 Section 2017. 66.0203 (9) (b) of the statutes is amended to read:

66.0203 (9) (b) Within 20 days after the receipt by the department of the petition from the circuit court and payment of any fee imposed under s. 16.53 (14), whichever is later, any party in interest may request a hearing. Upon receipt of the request, the department shall schedule a hearing at a place in or convenient to the territory sought to be incorporated.

16,2018 Section 2018. 66.0203 (9) (d) of the statutes is amended to read:

66.0203 (9) (d) Unless the court sets a different time limit, the department shall prepare its findings and determination, citing the supporting evidence, within 90 days after receipt of the referral from the court and payment of any fee imposed under s. 16.53 (14), whichever is later. The findings and determination shall be forwarded by the department to the circuit court. Copies of the findings and determination shall be sent by certified or registered mail to the designated representative of the petitioners, and to all town and municipal clerks entitled to receive mailed notice of the petition under sub. (4).

16,2019 Section 2019. 66.0217 (6) (a) of the statutes is amended to read:

66.0217 (6) (a) Annexations within populous counties. No annexation proceeding within a county having a population of 50,000 or more is valid unless the person publishing a notice of annexation under sub. (4) mails a copy of the notice to the clerk of each municipality affected and the department, together with any fee imposed under s. 16.53 (14), within 5 days of the publication. The department may shall within 20 days after receipt of the notice mail to the clerk of the town within which the territory lies and to the clerk of the proposed annexing village or city a notice that states whether in its opinion the annexation is in the public interest or is against the public interest and that advises the clerks of the reasons the annexation is in or against the public interest as defined in par. (c). The annexing municipality shall review the advice before final action is taken.

16,2019g Section 2019g. 66.0217 (9) (b) of the statutes is amended to read:

66.0217 (9) (b) Within 10 days of receipt of the ordinance, certificate and plat, the secretary of state shall forward 2 copies of the ordinance, certificate and plat to the department of transportation, one copy to the department of administration, one copy to the department of revenue, one copy to the department of public instruction, one copy to the department, one copy to the department of natural resources, one copy to the department of forestry, one copy to the department of agriculture, trade and consumer protection and 2 copies to the clerk of the municipality from which the territory was annexed.

16,2019m Section 2019m. 66.0221 of the statutes is renumbered 66.0221 (1) and amended to read: