66.0435(3m) (3m)Community operator reimbursement. A community operator who collects a monthly municipal permit fee from a unit owner may deduct, for administrative expenses, 2 percent of the monthly fees collected.
66.0435(4) (4)Application for license. Original application for a community license shall be filed with the clerk of the licensing authority. Applications shall be in writing, signed by the applicant and shall contain the following:
66.0435(4)(a) (a) The name and address of the applicant.
66.0435(4)(b) (b) The location and legal description of the community.
66.0435(4)(c) (c) The complete plan of the community.
66.0435(6) (6)Renewal of license. Upon application by any licensee, after approval by the licensing authority and upon payment of the annual license fee, the clerk of the licensing authority shall issue a certificate renewing the license for another year, unless sooner revoked. The application for renewal shall be in writing, signed by the applicant on forms furnished by the licensing authority.
66.0435(7) (7)Transfer of license; fee. Upon application for a transfer of license the clerk of the licensing authority, after approval of the application by the licensing authority, shall issue a transfer upon payment of the required $10 fee.
66.0435(8) (8)Distribution of fees. The licensing authority may retain 10 percent of the monthly municipal permit fees collected in each month, without reduction for any amounts deducted under sub. (3m), to cover the cost of administration. The licensing authority shall pay to the school district in which the community is located, within 20 days after the end of each month, such proportion of the remainder of the fees collected in the preceding month as the ratio of the most recent property tax levy for school purposes bears to the total tax levy for all purposes in the licensing authority. If the community is located in more than one school district, each district shall receive a share in the proportion that its property tax levy for school purposes bears to the total school tax levy.
66.0435(9) (9)Municipalities; monthly municipal permit fees on recreational mobile homes and recreational vehicles. A licensing authority may assess monthly municipal permit fees at the rates under this section on recreational mobile homes and recreational vehicles, as defined in s. 340.01 (48r), except recreational mobile homes and recreational vehicles that are located in campgrounds licensed under s. 97.67, recreational mobile homes that constitute improvements to real property under s. 70.043 (1), and recreational mobile homes or recreational vehicles that are located on land where the principal residence of the owner of the recreational mobile home or recreational vehicle is located, regardless of whether the recreational mobile home or recreational vehicle is occupied during all or part of any calendar year.
66.0435(10) (10)Powers of municipalities. The powers conferred on licensing authorities by this section are in addition to all other grants of authority and are limited only by the express language of this section.
66.0435 History History: 1999 a. 5; 1999 a. 150 ss. 112, 158 to 161; Stats. 1999 s. 66.0435; 2005 a. 298; 2007 a. 11; 2015 a. 55; 2017 a. 365.
66.0435 Cross-reference Cross-reference: See also ch. ATCP 125, Wis. adm. code.
66.0435 Annotation A license issued without prior approval of park plans is void and the owner cannot complain if it is revoked. A mobile home park zoning ordinance adopted without compliance with the notice of hearing requirements of s. 60.74 (2) [now s. 60.61 (4)] is void. Edelbeck v. Town of Theresa, 57 Wis. 2d 172, 203 N.W.2d 694 (1973).
66.0435 Annotation The time for appeal under sub. (2) (d) begins on the date of the action revoking the license, not on the effective date of the revocation. Reusch v. City of Baraboo, 85 Wis. 2d 294, 270 N.W.2d 229 (1978).
66.0435 Annotation A town had authority outside this section to require a building permit for a mobile home located outside a mobile home park and that the mobile home be connected to a well and septic system. Town of Clearfield v. Cushman, 150 Wis. 2d 10, 440 N.W.2d 777 (1989).
66.0435 Annotation A state university is not subject to local licensing in the operation of a university mobile home park. 60 Atty. Gen. 7.
66.0435 Annotation A town cannot have a more restrictive ordinance regulating use and location of mobile homes outside of mobile home parks than the county. 60 Atty. Gen. 131.
66.0435 Annotation A town board that has given conditional approval to plans for a mobile home park has power to alter conditions as long as it acts reasonably. Molgaard v. Town of Caledonia, 527 F. Supp. 1073 (1981).
66.0436 66.0436 Certificates of food protection practices for restaurants.
66.0436(1)(1)In this section, “restaurant" has the meaning given in s. 97.01 (14g).
66.0436(2) (2)No city, village, town, or county may enact an ordinance requiring a restaurant, a person who holds a license for a restaurant, or a person who conducts, maintains, manages, or operates a restaurant to satisfy a requirement related to the issuance or possession of a certificate of food protection practices that is not found under s. 97.33.
66.0436(3) (3)
66.0436(3)(a)(a) Except as provided in par. (b), if a city, village, town, or county has in effect on January 1, 2015, an ordinance that the city, village, town, or county is prohibited from enacting under sub. (2), the ordinance does not apply and may not be enforced.
66.0436(3)(b) (b) Paragraph (a) does not apply to an ordinance of a 1st class city that was in effect on March 20, 2014.
66.0436 History History: 2013 a. 292; 2015 a. 55.
66.0437 66.0437 Drug disposal programs.
66.0437(1)(1)In this section, “political subdivision" has the meaning given in s. 165.65 (1) (e).
66.0437(2) (2)A political subdivision may operate or authorize a person to operate a drug disposal program as provided under s. 165.65 (3).
66.0437 History History: 2013 a. 198.
66.0438 66.0438 Limitations on locally issued identification cards.
66.0438(1)(1)Definition. In this section, “public assistance benefits" means services, benefits, payments, or other assistance provided under a program administered by the department of health services or the department of children and families under s. 253.06 or ch. 49.
66.0438(2) (2)Towns and counties.
66.0438(2)(a) (a) Except as provided in par. (b), no town or county may issue, or expend any funds for the issuance of, a photo identification card for any resident of the town or county.
66.0438(2)(b) (b) Notwithstanding par. (a), a town or county may issue, or expend funds for the issuance of, a photo identification card to any of the following individuals or for any of the following purposes:
66.0438(2)(b)1. 1. An employee or elected official of the town or county, if the photo identification card relates to the employee's or official's job duties.
66.0438(2)(b)2. 2. An employee of a vendor or contractor that contracts with the town or county, or an employee of a subcontractor that contracts with such a vendor or contractor, if the photo identification card relates to the employee's job duties for the town or county.
66.0438(2)(b)3. 3. To use a transit system owned or operated by the town or county.
66.0438(2)(b)4. 4. To use or access services or facilities owned by the town or county.
66.0438(2)(b)5. 5. An employee of, or a student who is attending, an institution of higher education that contracts with the town or county, if the photo identification card relates to the employee's or student's job duties for the town or county.
66.0438(2)(c) (c) If a town or county has issued an identification card, other than a card described in par. (b), that has been used before April 27, 2016, as an identification document to establish proof of residence under s. 6.34 (3) (a) 3., that card is not valid for such purposes on or after April 27, 2016.
66.0438(3) (3)Cities and villages.
66.0438(3)(a) (a) If a city or village issues, or expends funds for the issuance of, a photo identification card for any resident of the city or village, the card must state clearly on its face, in 12 point type, “Not authorized for voting purposes."
66.0438(3)(b) (b) A photo identification card issued by, or at the direction of, a city or village, as described under par. (a), may not be used for any of the following purposes:
66.0438(3)(b)1. 1. As an identification document to establish proof of residence under s. 6.34 (3) (a) 3.
66.0438(3)(b)2. 2. As proof of identification under s. 6.79 (2), 6.82 (1) (a), 6.86, 6.87, or 6.875.
66.0438(3)(b)3. 3. To obtain public assistance benefits.
66.0438(3)(c) (c) If a city or village has issued an identification card that has been used before April 27, 2016, as an identification document to establish proof of residence under s. 6.34 (3) (a) 3., that card is not valid for such purposes on or after April 27, 2016.
66.0438 History History: 2015 a. 374.
66.0439 66.0439 Environmental, occupational health, and safety credentials.
66.0439(1)(1)No city, village, town, or county may enact an ordinance or adopt a resolution that restricts the use of a title or a representation described in s. 100.70 (1) (a) to (h).
66.0439(2) (2)If a city, village, town, or county has in effect on November 29, 2017, an ordinance that the city, village, town, or county is prohibited from enacting under sub. (1), the ordinance does not apply and may not be enforced.
66.0439 History History: 2017 a. 73.
subch. V of ch. 66 SUBCHAPTER V
OFFICERS AND EMPLOYEES
66.0501 66.0501 Eligibility for office.
66.0501(1)(1)Deputy sheriffs and municipal police. No person may be appointed deputy sheriff of any county or police officer for any city, village or town unless that person is a citizen of the United States. This section does not apply to common carriers or to a deputy sheriff not required to take an oath of office.
66.0501(2) (2)Eligibility of other officers. Except as expressly authorized by statute, no member of a town, village or county board, or city council, during the term for which the member is elected, is eligible for any office or position which during that term has been created by, or the selection to which is vested in, the board or council, but the member is eligible for any elective office. The governing body may be represented on city, village or town boards and commissions where no additional compensation, except a per diem, is paid to the representatives of the governing body and may fix the tenure of these representatives notwithstanding any other statutory provision. A representative of a governing body who is a member of a city, village or town board or commission may receive a per diem only if the remaining members of the board or commission may receive a per diem. This subsection does not apply to a member of any board or council described in this subsection who resigns from the board or council before being appointed to an office or position which was not created during the member's term in office.
66.0501(3) (3)Appointments on consolidation of offices. Whenever offices are consolidated, the occupants of which are members of the same statutory committee or board and which are serving in that office because of holding another office or position, the common council or village board may designate another officer or officers or make any additional appointments as may be necessary to procure the number of committee or board members provided for by statute.
66.0501(4) (4)Compatible offices and positions.
66.0501(4)(a)(a) A volunteer fire fighter, emergency medical services practitioner, or emergency medical responder in a city, village, or town whose annual compensation from one or more of those positions, including fringe benefits, does not exceed $25,000 if the city, village, or town has a population of 5,000 or less, or $15,000 if the city, village, or town has a population of more than 5,000, may also hold an elective office in that city, village, or town. It is compatible with his or her office for an elected town officer to receive wages under s. 60.37 (4) for work that he or she performs for the town.
66.0501(4)(b) (b) It is compatible with his or her office for a local public official, as defined in s. 19.42 (7x), to serve as an election official appointed under s. 7.30 (2) (a) and be compensated for that service, as provided under s. 7.03.
66.0501(5) (5)Employees may be candidates.
66.0501(5)(a) (a) In this subsection:
66.0501(5)(a)1. 1. “Political subdivision" means a city, village, town, or county.
66.0501(5)(a)2. 2. “Public employee" means any individual employed by a political subdivision, other than an individual to whom s. 164.06 applies and other than an individual to whom 5 USC 1502 (a) (3) applies.
66.0501(5)(b) (b) No political subdivision may prohibit a public employee from being a candidate for any elective public office, if that individual is otherwise qualified to be a candidate. No public employee may be required, as a condition of being a candidate for any elective public office, to take a leave of absence during his or her candidacy. This subsection does not affect the authority of a political subdivision to regulate the conduct of a public employee while the public employee is on duty or otherwise acting in an official capacity.
66.0501 History History: 1979 c. 110; 1987 a. 27, 403; 1991 a. 316; 1993 a. 246; 1999 a. 56; 1999 a. 150 s. 267; Stats. 1999 s. 66.0501; 2001 a. 16; 2003 a. 79; 2015 a. 341; 2017 a. 12, 326.
66.0501 Annotation A citizenship requirement for peace officers is constitutional. 68 Atty. Gen. 61.
66.0501 Annotation The offices of commissioner of a town sanitary district and supervisor of a town board are incompatible when the town board also serves as the appointing authority for the commissioners. 69 Atty. Gen. 108.
66.0501 Annotation A sitting member of a county board must resign the office of supervisor before being appointed to the permanent position of county administrative coordinator under this section. OAG 1-11.
66.05015 66.05015 Background investigation.
66.05015(1)(1)In this section, “political subdivision” means a city, village, town, or county.
66.05015(2)(a)1.1. Notwithstanding ss. 111.321, 111.322, and 111.335 and with the assistance of the department of justice, a political subdivision shall conduct a background investigation of any person, including a person appointed under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63, selected to fill a position with the political subdivision and who, in fulfilling the duties of the position, will have access to federal tax information received directly from the federal Internal Revenue Service or from a source that is authorized by the federal Internal Revenue Service.
66.05015(2)(a)2. 2. Notwithstanding ss. 111.321, 111.322, and 111.335, at any interval determined appropriate by the political subdivision, a political subdivision may conduct additional background investigations of any person, including a person appointed under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63, for whom an initial background investigation has been conducted under subd. 1. and background investigations of any other person, including a person appointed under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63, employed by the political subdivision who, in fulfilling the duties of his or her position, has access to federal tax information received directly from the federal Internal Revenue Service or from a source that is authorized by the federal Internal Revenue Service.
66.05015(2)(b) (b) A background investigation under this section may include requiring the person to be fingerprinted on 2 fingerprint cards each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice shall submit any such fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.
Effective date note NOTE: This section is created eff. 10-1-18 by 2017 Wis. Act 154.
66.05015 History History: 2017 a. 154; s. 35.17 correction in (2) (a) 1.
66.0502 66.0502 Employee residency requirements prohibited.
66.0502(1)(1)The legislature finds that public employee residency requirements are a matter of statewide concern.
66.0502(2) (2)In this section, “local governmental unit" means any city, village, town, county, or school district.
66.0502(3) (3)
66.0502(3)(a)(a) Except as provided in sub. (4), no local governmental unit may require, as a condition of employment, that any employee or prospective employee reside within any jurisdictional limit.
66.0502(3)(b) (b) If a local governmental unit has a residency requirement that is in effect on July 2, 2013, the residency requirement does not apply and may not be enforced.
66.0502(4) (4)
66.0502(4)(a)(a) This section does not affect any statute that requires residency within the jurisdictional limits of any local governmental unit or any provision of state or local law that requires residency in this state.
66.0502(4)(b) (b) Subject to par. (c), a local governmental unit may impose a residency requirement on law enforcement, fire, or emergency personnel that requires such personnel to reside within 15 miles of the jurisdictional boundaries of the local governmental unit.
66.0502(4)(c) (c) If the local governmental unit is a county, the county may impose a residency requirement on law enforcement, fire, or emergency personnel that requires such personnel to reside within 15 miles of the jurisdictional boundaries of the city, village, or town to which the personnel are assigned.
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2015-16 Wisconsin Statutes updated through 2017 Wis. Act 367 and all Supreme Court and Controlled Substances Board Orders effective on or before October 1, 2018. Published and certified under s. 35.18. Changes effective after October 1, 2018 are designated by NOTES. (Published 10-1-18)