SB21-SSA1,612,6 5(2) Referendum resolution. The resolution of the town board required under
6sub. (1) shall do all of the following:
SB21-SSA1,612,77 (a) Certify that all of the conditions under sub. (1) are satisfied.
SB21-SSA1,612,108 (b) Contain a description of the territory to be incorporated sufficiently
9accurate to determine its location and a statement that a scale map reasonably
10showing the boundaries of the territory is on file with the town clerk.
SB21-SSA1,612,1211 (c) Determine the numbers and boundaries of each ward of the proposed
12village, conforming to the requirements of s. 5.15 (1) and (2).
SB21-SSA1,612,1413 (d) Determine the date of the referendum, which may not be earlier than 6
14weeks after the adoption of the resolution.
SB21-SSA1,612,20 15(3) Notice of referendum. The town clerk shall publish the resolution adopted
16under sub. (1) in a newspaper published in the town. If no newspaper is published
17in the town, the town clerk shall publish the resolution in a newspaper designated
18in the resolution. The town clerk shall publish the resolution once a week for 4
19successive weeks, the first publication to be not more than 4 weeks before the
20referendum.
SB21-SSA1,613,2 21(4) Voting procedure. The referendum shall be conducted in the same manner
22as elections for town board supervisors. The question appearing on the ballot shall
23be: "Shall the town of .... become a village?" Below the question shall appear 2
24squares. To the left of one square shall appear the words "For a village," and to the

1left of the other square shall appear the words "Against a village." The inspectors
2shall make a return to the town clerk.
SB21-SSA1,613,13 3(5) Certificate of incorporation. If a majority of the votes are cast in favor
4of a village, the town clerk shall certify that fact to the secretary of state, together
5with 4 copies of a description of the legal boundaries of the town, and 4 copies of a
6plat of the town. The town clerk shall also send the secretary of state an
7incorporation fee of $1,000. Upon receipt of the town clerk's certification, the
8incorporation fee, and other required documents, the secretary of state shall issue
9a certificate of incorporation and record the certificate in a book kept for that
10purpose. The secretary of state shall provide 2 copies of the description and plat to
11the department of transportation and one copy to the department of revenue. The
12town clerk shall also transmit a copy of the certification and the resolution under sub.
13(1) to the county clerk.
SB21-SSA1,613,19 14(6) Action. No action to contest the validity of an incorporation under this
15section on any grounds, whether procedural or jurisdictional, may be commenced
16after 60 days from the date of issuance of the certificate of incorporation by the
17secretary of state. In any such action, the burden of proof as to all issues is upon the
18person bringing the action to show that the incorporation is not valid. An action
19contesting an incorporation shall be given preference in the circuit court.
SB21-SSA1,613,22 20(7) Village powers. A village incorporated under this section is a body
21corporate and politic, with the powers and privileges of a municipal corporation at
22common law and conferred by ch. 61.
SB21-SSA1,613,25 23(8) Existing ordinances. Ordinances in force in the territory or any part of the
24territory, to the extent not inconsistent with this section or ch. 61, continue in force
25until altered or repealed.
SB21-SSA1,614,7
1(9) Existing intergovernmental and cooperative boundary agreements.
2Intergovernmental cooperation agreements entered into under s. 66.0301 and
3cooperative boundary agreements approved under s. 66.0307, to which a town
4incorporating under this section is a party, that are still in effect on the effective date
5of the incorporation, shall continue in force until altered or repealed, to the extent
6allowed under the agreements. When incorporated under this section, a village shall
7be considered the town's successor with respect to such agreements.
SB21-SSA1,614,10 8(10) Interim officers, first village election. Section 66.0215 (8) and (9), as
9it applies to a town that is incorporated as a city under s. 66.0215, applies to a town
10that is incorporated as a village under this section.
SB21-SSA1,614,11 11(11) Sunset. This section does not apply after June 30, 2020.
SB21-SSA1,1960 12Section 1960. 66.0217 (9) (a) of the statutes is amended to read:
SB21-SSA1,615,413 66.0217 (9) (a) The clerk of a city or village which has annexed territory shall
14file immediately with the secretary of state administration a certified copy of the
15ordinance, certificate and plat, and shall send one copy to each company that
16provides any utility service in the area that is annexed. The city or village shall also
17file with the county clerk or board of election commissioners the report required by
18s. 5.15 (4) (bg).
The clerk shall record the ordinance with the register of deeds and
19file a signed copy of the ordinance with the clerk of any affected school district.
20Failure to file, record or send does not invalidate the annexation and the duty to file,
21record or send is a continuing one. The ordinance that is filed, recorded or sent shall
22describe the annexed territory and the associated population. The information filed
23with the secretary of state administration shall be utilized in making
24recommendations for adjustments to entitlements under the federal revenue
25sharing program and distribution of funds under ch. 79. The clerk shall certify

1annually to the secretary of state administration and record with the register of
2deeds a legal description of the total boundaries of the municipality as those
3boundaries existed on December 1, unless there has been no change in the 12 months
4preceding.
SB21-SSA1,1961 5Section 1961. 66.0217 (9) (b) of the statutes is amended to read:
SB21-SSA1,615,136 66.0217 (9) (b) Within 10 days of receipt of the ordinance, certificate and plat,
7the secretary of state administration shall forward 2 copies of the ordinance,
8certificate and plat to the department of transportation, one copy to the department
9of administration, one copy to the department of revenue, one copy to the department
10of public instruction, one copy to the department, one copy to the department of
11natural resources, one copy to the department of agriculture, trade and consumer
12protection and 2 copies to the clerk of the municipality from which the territory was
13annexed.
SB21-SSA1,1962 14Section 1962. 66.0219 (7) of the statutes is amended to read:
SB21-SSA1,615,1915 66.0219 (7) Appeal. An appeal from the order of the circuit court is limited to
16contested issues determined by the circuit court. An appeal shall not stay the
17conduct of the referendum election, if one is ordered, but the statement of the election
18results and the copies of the certificate and plat may not be filed with the secretary
19of state administration until the appeal has been determined.
SB21-SSA1,1963 20Section 1963. 66.0221 (1) of the statutes is amended to read:
SB21-SSA1,616,1821 66.0221 (1) Upon its own motion and subject to sub. (3) and ss. 66.0301 (6) (d)
22and 66.0307 (7), a city or village, by a two-thirds vote of the entire membership of
23its governing body, may enact an ordinance annexing territory which comprises a
24portion of a town or towns and which was completely surrounded by territory of the
25city or village on December 2, 1973. The ordinance shall include all surrounded town

1areas except those that are exempt by mutual agreement of all of the governing
2bodies involved. The annexation ordinance shall contain a legal description of the
3territory and the name of the town or towns from which the territory is detached.
4Upon enactment of the ordinance, the city or village clerk immediately shall file 6
5certified copies of the ordinance in the office of with the secretary of state
6administration, together with 6 copies of a scale map. The city or village shall also
7file with the county clerk or board of election commissioners the report required by
8s. 5.15 (4) (bg).
The secretary of state administration shall forward 2 copies of the
9ordinance and scale map to the department of transportation, one copy to the
10department of natural resources, one copy to the department of revenue and one copy
11to the department of administration. This subsection does not apply if the town
12island was created only by the annexation of a railroad right-of-way or drainage
13ditch. This subsection does not apply to land owned by a town government which has
14existing town government buildings located on the land. No town island may be
15annexed under this subsection if the island consists of over 65 acres or contains over
16100 residents. Section 66.0217 (11) applies to annexations under this subsection.
17Except as provided in sub. (2), after December 2, 1973, no city or village may, by
18annexation, create a town area which is completely surrounded by the city or village.
SB21-SSA1,1964 19Section 1964. 66.0223 (1) of the statutes is amended to read:
SB21-SSA1,617,1320 66.0223 (1) In addition to other methods provided by law and subject to sub.
21(2) and ss. 66.0301 (6) (d) and 66.0307 (7), territory owned by and lying near but not
22necessarily contiguous to a village or city may be annexed to a village or city by
23ordinance enacted by the board of trustees of the village or the common council of the
24city, provided that in the case of noncontiguous territory the use of the territory by
25the city or village is not contrary to any town or county zoning regulation. The

1ordinance shall contain the exact description of the territory annexed and the names
2of the towns from which detached, and attaches the territory to the village or city
3upon the filing of 7 certified copies of the ordinance in the office of with the secretary
4of state administration, together with 7 copies of a plat showing the boundaries of
5the territory attached. The city or village shall also file with the county clerk or board
6of election commissioners the report required by s. 5.15 (4) (bg).
Two copies of the
7ordinance and plat shall be forwarded by the secretary of state administration to the
8department of transportation, one copy to the department of administration, one
9copy to the department of natural resources, one copy to the department of revenue
10and one copy to the department of public instruction. Within 10 days of filing the
11certified copies, a copy of the ordinance and plat shall be mailed or delivered to the
12clerk of the county in which the annexed territory is located. Sections 66.0203 (8) (c)
13and 66.0217 (11) apply to annexations under this section.
SB21-SSA1,1965 14Section 1965. 66.0227 (5) of the statutes is amended to read:
SB21-SSA1,617,1715 66.0227 (5) The ordinance, certificate and plat shall be filed and recorded in
16the same manner as annexations under s. 66.0217 (9) (a). The requirements for the
17secretary of state administration are the same as in s. 66.0217 (9) (b).
SB21-SSA1,1966 18Section 1966. 66.0231 of the statutes is amended to read:
SB21-SSA1,618,10 1966.0231 Notice of certain litigation affecting municipal status or
20boundaries.
If a proceeding under ss. 61.187, 61.189, 61.74, 62.075, 66.0201 to
2166.0213, 66.0215, 66.0216, 66.02162, 66.0217, 66.0221, 66.0223, 66.0227, 66.0301
22(6), or 66.0307 or other sections relating to an incorporation, annexation,
23consolidation, dissolution or detachment of territory of a city or village is contested
24by instigation of legal proceedings, the clerk of the city or village involved in the
25proceedings shall file with the secretary of state administration 4 copies of a notice

1of the commencement of the action. The clerk shall file with the secretary of state
2administration 4 copies of any judgments rendered or appeals taken in such cases.
3The notices or copies of judgments that are required under this section may also be
4filed by an officer or attorney of any party of interest. If any judgment has the effect
5of changing the municipal boundaries, the city or village clerk shall also file with the
6county clerk or board of election commissioners the report required by s. 5.15 (4) (bg).

7The secretary of state administration shall forward to the department of
8transportation 2 copies and to the department of revenue and the department of
9administration one copy each of any notice of action or judgment filed with the
10secretary of state administration under this section.
SB21-SSA1,1966m 11Section 1966m. 66.0301 (1) (a) of the statutes is amended to read:
SB21-SSA1,619,312 66.0301 (1) (a) Except as provided in pars. (b) and (c), in this section
13"municipality" means the state or any department or agency thereof, or any city,
14village, town, county, or school district, the opportunity schools and partnership
15programs under subch. IX of ch. 115 and subch. II of ch. 119, the superintendent of
16schools opportunity schools and partnership program under s. 119.33, or any
public
17library system, public inland lake protection and rehabilitation district, sanitary
18district, farm drainage district, metropolitan sewerage district, sewer utility district,
19solid waste management system created under s. 59.70 (2), local exposition district
20created under subch. II of ch. 229, local professional baseball park district created
21under subch. III of ch. 229, local professional football stadium district created under
22subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229,
23long-term care district under s. 46.2895, water utility district, mosquito control
24district, municipal electric company, county or city transit commission, commission
25created by contract under this section, taxation district, regional planning

1commission, housing authority created under s. 66.1201, redevelopment authority
2created under s. 66.1333, community development authority created under s.
366.1335, or city-county health department.
SB21-SSA1,1969 4Section 1969. 66.0301 (6) (e) of the statutes is amended to read:
SB21-SSA1,619,125 66.0301 (6) (e) A boundary change included in an agreement under this
6subsection shall be accomplished by the enactment of an ordinance by the governing
7body designated to do so in the agreement. The filing and recording requirements
8under s. 66.0217 (9) (a), as they apply to cities and villages under s. 66.0217 (9) (a),
9apply to municipalities under this subsection. The requirements for the secretary
10of state administration under s. 66.0217 (9) (b), as they apply under that section,
11apply to the secretary of state administration when he or she receives an ordinance
12that is filed under this subsection.
SB21-SSA1,1969ab 13Section 1969ab. 66.0304 (4) (a) of the statutes is amended to read:
SB21-SSA1,619,1514 66.0304 (4) (a) Adopt and amend bylaws, policies, and procedures for the
15regulation of its affairs and the conduct of its business.
SB21-SSA1,1969am 16Section 1969am. 66.0304 (4) (c) of the statutes is amended to read:
SB21-SSA1,619,1917 66.0304 (4) (c) Acquire, buy, own, operate, sell, lease as lessor or lessee,
18encumber, mortgage, hypothecate, pledge, assign, gift, or otherwise transfer any
19property or interest in property that is located within or outside of this state.
SB21-SSA1,1969b 20Section 1969b. 66.0304 (4) (f) of the statutes is amended to read:
SB21-SSA1,619,2321 66.0304 (4) (f) Employ or appoint agents, employees, finance professionals,
22counsel, and special advisers as the commission finds necessary and fix their
23compensation.
SB21-SSA1,1969c 24Section 1969c. 66.0304 (4) (p) of the statutes is amended to read:
SB21-SSA1,620,6
166.0304 (4) (p) Purchase bonds issued by or on behalf of, or held by, any
2participant, any state or a department, authority, or agency of such a state, or any
3political subdivision, or a subunit of the political subdivision, or the federal
4government, or a subunit of the federal government
. Bonds purchased under this
5paragraph may be held by the commission or sold, in whole or in part, separately or
6together with other bonds issued by the commission.
SB21-SSA1,1969e 7Section 1969e. 66.0304 (4e) of the statutes is created to read:
SB21-SSA1,621,28 66.0304 (4e) Creation of nonprofit corporation. A commission may create
9one or more nonprofit corporations of which the commission is the sole member or
10may appoint or veto appointments to the governing board, provided that the purpose
11of the nonprofit corporation is to carry out or assist a commission in carrying out all
12or part of the commission's purposes or powers. A nonprofit corporation created
13under this subsection may exercise any power that a commission may exercise and
14it may be created under ch. 181 or under the laws of any state or territory of the
15United States. A nonprofit corporation created under this subsection is subject to the
16same exemptions and immunities that apply to a commission under this section. A
17nonprofit corporation created under this subsection, and a commission, may make
18loans to, borrow money from, and acquire or assign or transfer property to or from,
19one another. A nonprofit corporation created under this subsection is a legal entity
20that is separate and distinct from the commission, and its assets and liabilities may
21not be consolidated or commingled with those of a commission. A commission may
22not be held accountable for the actions, omissions, debts, or liabilities of any
23nonprofit corporation created under this subsection. A nonprofit corporation created
24under this subsection may not be held accountable for the actions, omissions, debts,

1or liabilities of the commission that creates it, or of any other nonprofit corporation
2created under this subsection.
SB21-SSA1,1969f 3Section 1969f. 66.0304 (5) (a) 1. of the statutes is amended to read:
SB21-SSA1,621,54 66.0304 (5) (a) 1. The face form of the bond shall include the date of issuance
5and the date of maturity.
SB21-SSA1,1969g 6Section 1969g. 66.0304 (5) (a) 2. of the statutes is amended to read:
SB21-SSA1,621,87 66.0304 (5) (a) 2. The face form of the bond shall include the statements
8required under subs. (9) (c) and (11) (d).
SB21-SSA1,1969h 9Section 1969h. 66.0304 (5) (ae) of the statutes is created to read:
SB21-SSA1,621,1410 66.0304 (5) (ae) A bond resolution may provide that the facsimile, electronic,
11or digital signature of any person authorized to execute documents, including bonds,
12on behalf of the commission shall be considered to be the legal equivalent of a manual
13signature on specified documents or all documents, and such signatures are valid
14and binding for all purposes.
SB21-SSA1,1969i 15Section 1969i. 66.0304 (5) (am) (intro.) of the statutes is amended to read:
SB21-SSA1,621,2316 66.0304 (5) (am) (intro.) Notwithstanding par. (a), as an alternative to
17specifying the matters required to be specified in the bond resolution under par. (a),
18the resolution may specify members of the board or officers or employees of the
19commission, by name or position, to whom the commission delegates authority to
20determine which of the matters under specified par. (a), and any other matters that
21the commission deems appropriate, for inclusion in the trust agreement, indenture,
22or other agreement providing for issuance of the bonds as finally executed. A
23resolution under this paragraph shall specify at least all of the following:
SB21-SSA1,1961im 24Section 1961im. 66.0304 (5) (b) 1. of the statutes is amended to read:
SB21-SSA1,622,2
166.0304 (5) (b) 1. Early mandatory or optional redemption or purchase in lieu
2of redemption or tender, as provided in the resolution.
SB21-SSA1,1969j 3Section 1969j. 66.0304 (5) (b) 3. of the statutes is amended to read:
SB21-SSA1,622,74 66.0304 (5) (b) 3. A trust agreement or indenture , or other agreement providing
5for issuance of the bonds,
containing any terms, conditions, and covenants that the
6commission determines to be necessary or appropriate, but such terms, conditions,
7and covenants may not be in conflict with the resolution.
SB21-SSA1,1969k 8Section 1969k. 66.0304 (6) (e) of the statutes is repealed.
SB21-SSA1,1969L 9Section 1969L. 66.0304 (7) (a) of the statutes is amended to read:
SB21-SSA1,622,2010 66.0304 (7) (a) The commission may secure bonds by a trust agreement or,
11indenture by and between the commission and one or more corporate trustees, or
12other agreement providing for the issuance of the bonds
. A bond resolution, trust
13agreement, or indenture, or other agreement providing for the issuance of the bonds
14may contain provisions for pledging the pledge or assignment by the commission of
15properties, revenues, and other tangible or intangible collateral, including
16contractual rights
; holding and disbursing funds; protecting and enforcing the rights
17and remedies of bondholders; restricting individual rights of action by bondholders;
18and amendments, and any other provisions the commission determines to be
19reasonable and proper for the security of the bondholders or contracts entered into
20under this section in connection with the bonds.
SB21-SSA1,1969m 21Section 1969m. 66.0304 (8) of the statutes is amended to read:
SB21-SSA1,623,222 66.0304 (8) No personal liability. No board member director, officer,
23employee, or agent
of the commission, of any member, or of a corporation created
24under sub. (4e),
is liable personally on the bonds or any contract entered into by the
25commission or corporation,
or subject to any personal liability or accountability by

1reason of the contract or the issuance of the bonds, unless the personal liability or
2accountability is the result of the willful misconduct of such person.
SB21-SSA1,1969n 3Section 1969n. 66.0304 (9) (b) of the statutes is amended to read:
SB21-SSA1,623,94 66.0304 (9) (b) The state and the political subdivisions who are parties to the
5agreement
creating a commission under this section , the members, and political
6subdivisions approving financing under sub. (11) (a)
are not liable on bonds or any
7other contract entered into under this section, or for any other debt, obligation, or
8liability of the commission or a corporation created under sub. (4e), whether in tort,
9contract, or otherwise.
SB21-SSA1,1969p 10Section 1969p. 66.0304 (9) (c) of the statutes is amended to read:
SB21-SSA1,623,2111 66.0304 (9) (c) The bonds are not a debt of the state or the political subdivisions
12contracting to create a commission under this section
, the members, or political
13subdivisions approving financing under sub. (11) (a)
. A bond issue under this section
14does not obligate the state or a political subdivision to levy any tax or make any
15appropriation for payment of the bonds. All bonds issued by a commission are
16payable solely from the funds pledged for their payment in accordance with the bond
17resolution or, trust agreement or, indenture, or other agreement providing for their
18issuance. All bonds shall contain, on their face, a statement regarding the
19obligations of the state, the political subdivisions who are parties to the agreement
20creating the commission, the members, the political subdivisions approving
21financing under sub. (11) (a),
and the commission as set forth in this paragraph.
SB21-SSA1,1969pe 22Section 1969pe. 66.0304 (9) (d) of the statutes is created to read:
SB21-SSA1,624,323 66.0304 (9) (d) Projects not located in this state that are financed or refinanced
24by bonds of a commission, including any project owned, operated, leased from or to,
25or otherwise controlled by, a participant or by the commission, are not considered

1public projects of this state, and are not subject to procurement, contracting,
2construction, tax, acquisition, construction, or improvements laws of this state that
3are applicable to public projects.
SB21-SSA1,1969q 4Section 1969q. 66.0304 (10) (b) of the statutes is amended to read:
SB21-SSA1,624,95 66.0304 (10) (b) A commission shall maintain an accounting system in
6accordance with generally accepted accounting principles and shall have its
7financial statements and debt covenants audited annually by an independent
8certified public accountant, except that the commission by a unanimous vote may
9decide to have an audit performed under this paragraph every 2 years.
SB21-SSA1,1969r 10Section 1969r. 66.0304 (11) (a) of the statutes is renumbered 66.0304 (11) (a)
111. and amended to read:
SB21-SSA1,624,2212 66.0304 (11) (a) 1. A Except as provided in subd. 2., the commission may not
13issue bonds to finance a capital improvement project in this state or in any state or
14territory of the United States unless a political subdivision within whose boundaries
15the project is to be located has approved the financing of the project. A commission
16may not issue bonds to finance a capital improvement project in this state unless all
17of the political subdivisions within whose boundaries the project is to be located has
18approved the financing of the project.
An approval under this paragraph subdivision
19may be made by the governing body of the political subdivision or by its designee or,
20except for a 1st class city in this state or a county in which such a 1st class city is
21located, by the highest ranking executive or administrator elected official of the
22political subdivision or by his or her designee.
SB21-SSA1,1969s 23Section 1969s. 66.0304 (11) (a) 2. of the statutes is created to read:
SB21-SSA1,625,324 66.0304 (11) (a) 2. Except for financing a capital improvement project in a 1st
25class city in this state or in a county in which such a city is located, the commission

1may issue bonds to finance a capital improvement project without receiving the
2approval under subd. 1. if the financing is approved in accordance with section 147
3(f) of the Internal Revenue Code.
SB21-SSA1,1969t 4Section 1969t. 66.0304 (11) (a) 3. of the statutes is created to read:
SB21-SSA1,625,75 66.0304 (11) (a) 3. Bonds issued under this section are not considered issued
6for the purpose of financing a capital improvement project if the bond proceeds are
7used for any of the following purposes:
SB21-SSA1,625,98 a. To finance a project that is placed in service for federal tax purposes prior
9to the commission issuing the bonds.
SB21-SSA1,625,1110 b. To finance the acquisition of a project if no more than 10 percent of the bond
11proceeds are used to finance the construction of capital improvements.
SB21-SSA1,625,1312 c. To finance acquiring bonds from a different issuer and those bonds are used
13or were used to finance a capital improvement project.
SB21-SSA1,625,1514 d. To acquire leases or contracts from a 3rd party provider of capital
15improvement projects.
SB21-SSA1,1969u 16Section 1969u. 66.0304 (11) (bm) of the statutes is amended to read:
SB21-SSA1,625,2317 66.0304 (11) (bm) A project may be located outside of the United States or
18outside a territory of the United States if any participant or the borrower, including
19a co-borrower, of proceeds of bonds issued to finance or refinance the project in whole
20or in part is incorporated organized under the laws of and has its principal place of
21business in any state or territory of the United States or a territory of the United
22States. To the extent that this paragraph applies to a borrower, it also applies to a
23participant if the participant is a nongovernmental entity
.
SB21-SSA1,1969v 24Section 1969v. 66.0304 (11) (c) of the statutes is amended to read:
SB21-SSA1,626,6
166.0304 (11) (c) Any action brought to challenge the validity of the issuance of
2a bond under this section, or the enforceability of a contract entered into under this
3section, must be commenced in circuit court within 30 days of the commission
4adopting a resolution authorizing the issuance of the bond or the execution of the
5contract or be barred. Section 893.77 does not apply to bonds issued under this
6section
.
SB21-SSA1,1970 7Section 1970. 66.0307 (10) of the statutes is amended to read:
SB21-SSA1,626,148 66.0307 (10) Boundary change ordinance; filing and recording
9requirements.
A boundary change under a cooperative plan shall be accomplished
10by the enactment of an ordinance by the governing body designated to do so in the
11plan. The filing and recording requirements under s. 66.0217 (9) (a), as they apply
12to cities and villages under s. 66.0217 (9) (a), apply to municipalities under this
13subsection. The requirements for the secretary of state administration are the same
14as those required in s. 66.0217 (9) (b).
SB21-SSA1,1974 15Section 1974. 66.0417 (1) of the statutes is amended to read:
SB21-SSA1,627,616 66.0417 (1) An employee or agent of a local health department designated by
17the department of health services under s. 254.69 (2) or the department of
18agriculture, trade and consumer protection under s. 97.41 or 97.615 (2) may enter,
19at reasonable hours, any premises for which the local health department issues a
20permit license under s. 97.41 or 254.69 (2) 97.615 (2) to inspect the premises, secure
21samples or specimens, examine and copy relevant documents and records , or obtain
22photographic or other evidence needed to enforce subch. VII of ch. 254, ch. 97 or s.
23254.47
, relating to those premises. If samples of food are taken, the local health
24department shall pay or offer to pay the market value of those samples. The local
25health department, department of health services or department of agriculture,

1trade and consumer protection shall examine the samples and specimens secured
2and shall conduct other inspections and examinations needed to determine whether
3there is a violation of subch. VII of ch. 254, ch. 97 or s. 254.47, rules adopted by the
4departments department under those statutes, ordinances adopted by the village,
5city or county or regulations adopted by the local board of health under s. 97.41 (7)
6or 254.69 97.615.
SB21-SSA1,1975 7Section 1975. 66.0417 (2) of the statutes is amended to read:
SB21-SSA1,627,248 66.0417 (2) (a) Whenever, as a result of an examination, a village, city or county
9has reasonable cause to believe that any examined food constitutes, or that any
10construction, sanitary condition, operation or method of operation of the premises or
11equipment used on the premises creates an immediate danger to health, the
12administrator of the village, city or county agency responsible for the village's, city's
13or county's agent functions under s. 97.41 or 254.69 (2) 97.615 (2) may issue a
14temporary order and cause it to be delivered to the permittee licensee, or to the owner
15or custodian of the food, or to both. The order may prohibit the sale or movement of
16the food for any purpose, prohibit the continued operation or method of operation of
17specific equipment, require the premises to cease any other operation or method of
18operation which creates the immediate danger to health, or set forth any
19combination of these requirements. The administrator may order the cessation of
20all operations authorized by the permit license only if a more limited order does not
21remove the immediate danger to health. Except as provided in par. (c), no temporary
22order is effective for longer than 14 days from the time of its delivery, but a temporary
23order may be reissued for one additional 14-day period, if necessary to complete the
24analysis or examination of samples, specimens or other evidence.
SB21-SSA1,628,10
1(b) No food described in a temporary order issued and delivered under par. (a)
2may be sold or moved and no operation or method of operation prohibited by the
3temporary order may be resumed without the approval of the village, city or county,
4until the order has terminated or the time period specified in par. (a) has run out,
5whichever occurs first. If the village, city or county, upon completed analysis and
6examination, determines that the food, construction, sanitary condition, operation
7or method of operation of the premises or equipment does not constitute an
8immediate danger to health, the permittee licensee, owner, or custodian of the food
9or premises shall be promptly notified in writing and the temporary order shall
10terminate upon his or her receipt of the written notice.
SB21-SSA1,628,1811 (c) If the analysis or examination shows that the food, construction, sanitary
12condition, operation or method of operation of the premises or equipment constitutes
13an immediate danger to health, the permittee licensee, owner, or custodian shall be
14notified within the effective period of the temporary order issued under par. (a).
15Upon receipt of the notice, the temporary order remains in effect until a final decision
16is issued under sub. (3), and no food described in the temporary order may be sold
17or moved and no operation or method of operation prohibited by the order may be
18resumed without the approval of the village, city or county.
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