AB150,1153,108
51.437
(4rm) (a) A county department of developmental disabilities services
9shall authorize all care of any patient in a state, local or private facility under a
10contractual agreement between the county department of developmental disabilities
11services and the facility, unless the county department of developmental disabilities
12services governs the facility. The need for inpatient care shall be determined by the
13program director or designee in consultation with and upon the recommendation of
14a licensed physician trained in psychiatry and employed by the county department
15of developmental disabilities services or its contract agency prior to the admission
16of a patient to the facility except in the case of emergency services. In cases of
17emergency, a facility under contract with any county department of developmental
18disabilities services shall charge the county department of developmental
19disabilities services having jurisdiction in the county where the individual receiving
20care is found. The county department of developmental disabilities services shall
21reimburse the facility for the actual cost of all authorized care and services less
22applicable collections under s. 46.036, unless the department of health and social
23services determines that a charge is administratively infeasible, or unless the
24department of health and social services, after individual review, determines that
25the charge is not attributable to the cost of basic care and services. The exclusionary
1provisions of s. 46.03 (18) do not apply to direct and indirect costs which are
2attributable to care and treatment of the client. County departments of
3developmental disabilities services may not reimburse any state institution or
4receive credit for collections for care received therein by nonresidents of this state,
5interstate compact clients, transfers under s. 51.35 (3) (a), commitments under s.
6975.01, 1977 stats., or s. 975.02, 1977 stats. or s. 971.14, 971.17 or 975.06, admissions
7under s. 975.17, 1977 stats., or children placed in the guardianship or
legal custody 8under the supervision of the department of health and social services under s. 48.355,
948.427 or 48.43
or in the legal custody of the department of corrections under s. 48.34
10(4g).
AB150, s. 3267
11Section
3267. 51.44 (3) (a) of the statutes is amended to read:
AB150,1153,1512
51.44
(3) (a) From the appropriations under s. 20.435
(7) (3) (bt) and (nL) the
13department shall allocate and distribute funds to counties to provide or contract for
14the provision of early intervention services to individuals eligible to receive the early
15intervention services.
AB150, s. 3268
16Section
3268. 51.45 (5) (title) of the statutes is amended to read:
AB150,1153,1817
51.45
(5) (title)
Community alcohol and other drug abuse prevention pilot
18program.
AB150, s. 3269
19Section
3269. 51.45 (5) (b) (intro.) of the statutes is amended to read:
AB150,1154,420
51.45
(5) (b) (intro.) The department shall select, upon application by counties,
21county departments under s. 46.215, 46.22, 46.23, 51.42 or 51.437 in up to 8 counties
22representing various geographical regions and populations and shall, from the
23appropriation under s. 20.435 (7) (f), award
a total of not more than
$500,000 24$250,000 in grants in each fiscal year to the selected county departments to
25participate in a
pilot program to implement and coordinate alcohol and other drug
1abuse programs and services relating to primary prevention. The county
2department in each county receiving funding under this paragraph shall appoint or
3contract with an alcohol and other drug abuse prevention specialist whose duties
4shall include all of the following:
AB150, s. 3270
5Section
3270. 51.45 (5) (c) of the statutes is amended to read:
AB150,1154,86
51.45
(5) (c) County matching funds equal to
9.89% of the
total amount received
7by a county department under par. (b) are required for receipt of the allocation under
8par. (b).
AB150, s. 3271
9Section
3271. 55.06 (8) (intro.) of the statutes is amended to read:
AB150,1155,210
55.06
(8) (intro.) Before ordering the protective placement of any individual,
11the court shall direct a comprehensive evaluation of the person in need of placement,
12if such an evaluation has not already been made. The court may utilize available
13multidisciplinary resources in the community in determining the need for
14placement. The board designated under s. 55.02 or an agency designated by it shall
15cooperate with the court in securing available resources. Where applicable by reason
16of the particular disability, the appropriate board designated under s. 55.02 or an
17agency designated by it having responsibility for the place of legal residence of the
18individual as provided in s.
49.01 (8g) 49.001 (6) shall make a recommendation for
19placement. If the court is considering placement of the individual in a center for the
20developmentally disabled, the court shall request a statement from the department
21regarding whether the placement is appropriate for the person's needs and whether
22it is consistent with the purpose of the center under s. 51.06 (1) unless testimony was
23provided by the department under sub. (5). A copy of the comprehensive evaluation
24shall be provided to the guardian, the guardian ad litem, and to the individual or
25attorney at least 96 hours in advance of the hearing to determine placement. The
1court or the cooperating agency obtaining the evaluation shall request appropriate
2information which shall include at least the following:
AB150, s. 3272
3Section
3272. 59.01 (1) of the statutes is amended to read:
AB150,1155,114
59.01
(1) Status. Each county in this state is a body corporate, empowered to
5sue and be sued, to acquire and hold, lease or rent real and personal estate for public
6uses or purposes, including lands acquired under ch. 75, to sell, lease and convey the
7same, including the authority to enter into leases or contracts with the state for a
8period of years for the uses and purposes specified in
s. ss. 23.09 (2) (d)
and 27.01 (2)
9(a), to make such contracts and to do such other acts as are necessary and proper to
10the exercise of the powers and privileges granted and the performance of the legal
11duties charged upon it.
AB150, s. 3273
12Section
3273. 59.07 (1) (a) of the statutes is amended to read:
AB150,1155,2213
59.07
(1) (a)
How acquired; purposes. Take and hold land acquired under ch.
1475 and acquire, lease or rent property, real and personal, for public uses or purposes
15of any nature, including without limitation acquisitions for county buildings,
16airports, parks, recreation, highways, dam sites in parks, parkways and
17playgrounds, flowages, sewage and waste disposal for county institutions, lime pits
18for operation under s. 59.873, equipment for clearing and draining land and
19controlling weeds for operation under s. 59.874, ambulances, acquisition and
20transfer of real property to the state for new collegiate institutions or research
21facilities, and for transfer to the state for state parks and for the uses and purposes
22specified in
s. ss. 23.09 (2) (d)
and 27.01 (2) (a).
AB150, s. 3274
23Section
3274. 59.07 (27) of the statutes is amended to read:
AB150,1156,3
159.07
(27) County boards' association. By a
two-thirds majority vote
of the
2members-elect, purchase membership in an association of county boards for the
3protection of county interests and the furtherance of better county government.
AB150, s. 3275
4Section
3275. 59.07 (98) of the statutes is amended to read:
AB150,1156,95
59.07
(98) Emergency energy relief. Regardless of
the type of general relief
6system used within whether a county
operates a relief program under sub. (154),
7appropriate money for making payments to individuals or providing grants to
8community action agencies, cities, villages and towns to assist persons and families
9in the purchase of emergency energy supplies.
AB150, s. 3276
10Section
3276. 59.07 (109) of the statutes is amended to read:
AB150,1156,1411
59.07
(109) Public assistance; false representation. Enact and enforce an
12ordinance to prohibit conduct that is the same as or similar to conduct that is
13prohibited by s.
49.12 49.95 (1) and provide a forfeiture for a violation of the
14ordinance.
****Note: This is reconciled s. 59.07 (109). This
Section has been affected by drafts with the
following LRB numbers: -1701/3 and -2153/1.
AB150, s. 3277
15Section
3277. 59.07 (153) (a) of the statutes is amended to read:
AB150,1157,216
59.07
(153) (a) In counties having a population of 500,000 or more, determine
17policy for the operation, maintenance and improvement of the county hospital under
18s.
49.16 (2) 49.71 (2) and, notwithstanding the powers and duties specified under s.
1946.21 (2) (k), (3r) and (6) with respect to the county hospital and the administrator
20and specified under s. 46.21 (2) (b), (L), (m), (n), (nm), (o), (p) and (q) and (3g), provide
21for the management of the county hospital as the board considers appropriate, except
22that the employe positions at the hospital will be county employe positions. If the
23board acts under this subsection, the board may not discontinue operation,
1maintenance and improvement of the county hospital under s.
49.16 49.71 (2) and
2shall exercise the duties under s. 46.21 (4m).
AB150, s. 3278
3Section
3278. 59.07 (153) (b) of the statutes is amended to read:
AB150,1157,54
59.07
(153) (b) This subsection does not apply if the board acts under s. 46.21
5with respect to the county hospital under s.
49.16 (2)
49.71 (2).
AB150, s. 3279
6Section
3279. 59.07 (154) of the statutes is created to read:
AB150,1157,147
59.07
(154) Operation of relief programs. Operate a program of relief to
8dependent persons residing in a county. The program may provide dependent
9persons with such services, commodities or money as the county determines to be
10reasonable and necessary under the circumstances. The program may include work
11components. The county may enact any ordinances necessary or useful to the
12operation of a relief program under this subsection. Counties may use vehicle
13registration information from the department of transportation in determining
14eligibility for relief programs under this subsection.
AB150, s. 3280
15Section
3280. 59.145 (title) of the statutes is amended to read:
AB150,1157,16
1659.145 (title)
Optical disk and electronic storage.
AB150, s. 3281
17Section
3281. 59.145 (1) of the statutes is amended to read:
AB150,1157,2418
59.145
(1) Upon request of any office, department, commission, board or agency
19of the county, the board may authorize any county record that is in the custody of the
20office, department, commission, board or agency to be transferred to
, or maintained
21in, optical disk
or electronic storage in accordance with rules of the department of
22administration under s. 16.612. The board may thereafter authorize destruction of
23the original record
, if appropriate, in accordance with ss. 16.61 (3) (e), 19.21 (5) and
2459.715 to 59.717 unless preservation is required by law.
AB150, s. 3282
25Section
3282. 59.145 (2) (intro.) of the statutes is amended to read:
AB150,1158,3
159.145
(2) (intro.) Any copy of a county record generated from optical imaging
2or electronic formatting of an original record is deemed an original record if all of the
3following conditions are met:
AB150, s. 3283
4Section
3283. 59.145 (2) (a) of the statutes is amended to read:
AB150,1158,75
59.145
(2) (a) The devices used to transform the record to optical disk
or
6electronic format and to generate a copy of the record from optical disk
or electronic 7format are ones which accurately reproduce the content of the original.
AB150, s. 3284
8Section
3284. 59.145 (2) (b) of the statutes is amended to read:
AB150,1158,129
59.145
(2) (b) The optical disk
or electronic copy and the copy generated from
10optical disk
or electronic format comply with the minimum standards of quality for
11such copies, as established by the rule of the department of administration under s.
1216.612.
AB150, s. 3285
13Section
3285. 59.145 (2) (d) of the statutes is amended to read:
AB150,1158,1914
59.145
(2) (d) The legal custodian of the record executes a statement of intent
15and purpose describing the record to be transferred to optical disk
or electronic 16format and the disposition of the original record, and executes a certificate verifying
17that the record was received or created and transferred to optical disk
or electronic 18format in the normal course of business and that the statement of intent and purpose
19is properly recorded in his or her office.
AB150, s. 3286
20Section
3286. 59.145 (4) of the statutes is amended to read:
AB150,1159,621
59.145
(4) A copy of a record generated from an original record stored on an
22optical disk
or in electronic format which conforms with the standards prescribed
23under sub. (2) shall be taken as and stand in lieu of and have all of the effect of the
24original record and shall be admissible in evidence in all courts and all other
25tribunals or agencies, administrative or otherwise, in all cases where the original
1document is admissible. A transcript, exemplification or certified copy of such a
2record so generated, for the purposes specified in this subsection, is deemed to be a
3transcript, exemplification or certified copy of the original. An enlarged copy of any
4record so generated, made in accordance with the standards prescribed under sub.
5(2) and certified by the custodian as provided in s. 889.18 (2), has the same effect as
6an actual-size copy.
AB150, s. 3287
7Section
3287. 59.15 (2) (c) of the statutes is amended to read:
AB150,1159,178
59.15
(2) (c) The board may provide, fix or change the salary or compensation
9of any such office, board, commission, committee, position, employe or deputies to
10elective officers without regard to the tenure of the incumbent (except as provided
11in par. (d)) and also establish the number of employes in any department or office
12including deputies to elective officers, and may establish regulations of employment
13for any person paid from the county treasury, but no action of the board shall be
14contrary to or in derogation of the rules and regulations of the department of health
15and social services pursuant to s.
49.50 (2) to (5)
49.33 (4) to (7) relating to employes
16administering old-age assistance, aid to dependent children, aid to the blind and aid
17to totally and permanently disabled persons or ss. 63.01 to 63.17.
AB150, s. 3288
18Section
3288. 59.23 (8) of the statutes is amended to read:
AB150,1159,2319
59.23
(8) The sheriff is authorized to destroy all sheriff's dockets, daily jail
20records and cash books dated prior to 1901. It shall be the duty of the sheriff to
21hereafter retain and safely keep all such records for a period of 8 years, or a shorter
22period authorized by the public records
and forms board under s. 16.61 (3) (b), after
23which the records may be destroyed.
AB150, s. 3289
24Section
3289. 59.23 (10) of the statutes is amended to read:
AB150,1160,3
159.23
(10) To enforce in the county all general orders of the department of
2industry, labor and human relations development relating to the sale, transportation
3and storage of explosives.
AB150, s. 3290
4Section
3290. 59.39 (1) of the statutes is amended to read:
AB150,1160,95
59.39
(1) File and keep all papers properly deposited with him or her in every
6action or proceeding unless required to transmit such papers. Such papers may be
7microfilmed or microphotographed, or transferred to optical disks
or electronic
8format if authorized under s. 59.145, and the originals may thereafter be destroyed
9upon compliance with SCR chapter 72.
AB150, s. 3291
10Section
3291. 59.39 (2) of the statutes is amended to read:
AB150,1160,2011
59.39
(2) Keep a court record and write therein names of parties in every civil
12action or proceeding in the court, the names of attorneys representing the parties,
13a brief statement of the nature of the action or proceeding, the date of filing every
14paper therein and of each proceeding taken, the file wherein the papers can be found,
15the time when put on the calendar for trial, and when and how disposed of; the
16location where minutes in every case can be found and the place in the judgment
17record or microfilm or optical disk
or electronic file where any judgment, order or
18report has been recorded, so as to make the court record a history in brief of each
19action or proceeding from beginning to final disposition; and a complete index of all
20proceedings therein.
AB150, s. 3292
21Section
3292. 59.51 (1) of the statutes is amended to read:
AB150,1161,1322
59.51
(1) Record or cause to be recorded in suitable books to be kept in his or
23her office, correctly and legibly all deeds, mortgages, maps, instruments and writings
24authorized by law to be recorded in his or her office and left with him or her for that
25purpose, provided such documents have plainly printed or typewritten thereon the
1names of the grantors, grantees, witnesses and notary. Any county, by board
2resolution duly adopted, may combine the separate books or volumes for deeds,
3mortgages, miscellaneous instruments, attachments, lis pendens, sales and notices,
4certificates of organization of corporations, plats or other recorded or filed
5instruments or classes of documents as long as separate indexes are maintained.
6Notwithstanding any other provisions of the statutes, any county adopting a system
7of microfilming or like process or a system of recording documents by optical imaging
8or electronic formatting pursuant to ch. 228 may substitute the headings, reel
, or 9disk
or electronic file name and microfilm image (frame) for volume and page where
10recorded and different classes of instruments may be recorded, reproduced or copied
11on or transferred to the same reel
, or disk
or electronic file or part of a reel or disk.
12All recordings made prior to June 28, 1961, which would have been valid under this
13paragraph, had this paragraph then been in effect, are hereby validated.
AB150, s. 3293
14Section
3293. 59.51 (11) of the statutes is amended to read:
AB150,1162,715
59.51
(11) File all documents pertaining to security interests in personal
16property, crops or fixtures that are required or authorized by law to be filed with the
17register. Except as otherwise prescribed by the
secretary of state department of
18financial institutions pursuant to ss. 409.403 to 409.406, these documents shall be
19executed on white or light colored sheets of paper, 8 or 8-1/2 inches wide and 5, 7,
2010-1/2 or 14 inches long. Whenever there is offered for filing any document that
21varies more than one-eighth of an inch from the approved size, or that is not on a
22standard form prescribed by the
secretary of state
department of financial
23institutions, then in addition to the regular filing fee an additional filing fee shall be
24charged by the register of deeds, as prescribed by s. 59.57. No assignment, release
25or other instrument shall be offered for filing that is executed or endorsed on any
1other document, but each shall be a separate and distinct document, except those
2assignments or notices that are printed or written on and immediately following the
3original agreement or financing statement, offered for filing at the same time, shall
4be considered as one document. All these documents shall be legibly written, and
5shall have the names of the debtor and secured party plainly printed or typed on the
6document and shall provide a space for filing data of the register of deeds on the
7outside of the document.
AB150, s. 3294
8Section
3294. 59.512 (title) of the statutes is amended to read:
AB150,1162,10
959.512 (title)
Register of deeds; microfilming and optical imaging disk
10and electronic storage.
AB150, s. 3295
11Section
3295. 59.512 (1) of the statutes is amended to read:
AB150,1163,412
59.512
(1) Except as provided in sub. (2), upon the request of the register of
13deeds, any county, by board resolution, may authorize the register of deeds to
14photograph, microfilm or record on optical disks
or in electronic format records of
15deeds, mortgages or other instruments relating to real property or may authorize the
16register of deeds to record on optical disks
or in electronic format instruments
17relating to security interests in accordance with the requirements of s. 16.61 (7) or
1859.145 and to store the original records within the county at a place designated by
19the board. The storage place for the original records shall be reasonably safe and
20shall provide for the preservation of the records authorized to be stored under this
21subsection. The register of deeds shall keep a photograph, microfilm or optical disk
22or electronic copy of such records in conveniently accessible files in his or her office
23and shall provide for examination of such reproduction or examination of a copy
24generated from an optical disk
or electronic file in enlarged, easily readable form
25upon request. Compliance with this subsection satisfies the requirement of s. 59.51
1(1) that the register of deeds shall keep such records in his or her office. The register
2of deeds may make certified copies reproduced from an authorized photograph, from
3a copy generated from
an optical disk
or electronic storage or from the original
4records.
AB150, s. 3296
5Section
3296. 59.512 (2) of the statutes is amended to read:
AB150,1163,186
59.512
(2) The register of deeds may microfilm or record on optical disks
or in
7electronic format notices of lis pendens that are at least one year old, in accordance
8with the requirements of s. 16.61 (7) or 59.145 (2) to (4). The register of deeds shall
9keep a microfilm or optical disk
or electronic copy of notices of lis pendens in
10conveniently accessible files in his or her office and shall provide for examination of
11such reproduction or examination of a copy generated from
an optical disk
or
12electronic storage in enlarged, easily readable form upon request. Compliance with
13this subsection satisfies the requirement of s. 59.51 (1) that the register of deeds shall
14keep such records in his or her office. The register of deeds may make certified copies
15reproduced from a copy generated from microfilm or from
an optical disk
or electronic
16storage. The register of deeds may destroy or move to off-site storage any notice of
17lis pendens that has been microfilmed or recorded on optical disk
or in electronic
18format under this subsection.
AB150, s. 3297
19Section
3297. 59.57 (6) of the statutes is amended to read:
AB150,1164,320
59.57
(6) For performing functions under s. 409.407
(1) and (2) (a) and (b), the
21register shall charge the fees stated in
that section
s. 409.407 (2) (a) or (b). A
22financing statement and an assignment or notice of assignment of the security
23interest, offered for filing at the same time, shall be considered as only one document
24for the purpose of this subsection. Whenever there is offered for filing any document
25that is not on a standard form prescribed by the secretary of state or that varies more
1than one-eighth of an inch from the approved size as prescribed by s. 59.51, the
2appropriate fee specified in ss. 409.403 to 409.406 or an additional filing fee of
3one-half the regular fee, whichever is applicable, shall be charged by the register.
AB150, s. 3298
4Section
3298. 59.57 (6) of the statutes, as affected by 1995 Wisconsin Act ....
5(this act), is repealed and recreated to read:
AB150,1164,146
59.57
(6) For performing functions under s. 409.407 (1) and (2) (a) and (b), the
7register shall charge the fees stated in s. 409.407 (2) (a) or (b). A financing statement
8and an assignment or notice of assignment of the security interest, offered for filing
9at the same time, shall be considered as only one document for the purpose of this
10subsection. Whenever there is offered for filing any document that is not on a
11standard form prescribed by the department of financial institutions or that varies
12more than one-eighth of an inch from the approved size as prescribed by s. 59.51, the
13appropriate fee specified in ss. 409.403 to 409.406 or an additional filing fee of
14one-half the regular fee, whichever is applicable, shall be charged by the register.
AB150, s. 3299
15Section
3299. 59.635 (6) of the statutes is amended to read:
AB150,1164,1816
59.635
(6) Every land surveyor
and, every officer of the department of natural
17resources
, every officer of the department of tourism and parks and the district
18attorney shall enforce this section.
AB150, s. 3300
19Section
3300. 59.90 (1) (a) of the statutes is amended to read:
AB150,1165,720
59.90
(1) (a) On or before January 10 of every odd-numbered year, each city,
21village, town and county officer, and each clerk of every court of record, shall file with
22the treasurer of that person's county a written report under oath giving the names
23and the last-known addresses of all persons for whom any such officer or clerk holds
24money or security, and which has not been claimed for at least one year, and showing
25the amount of the money or the nature of the security in detail. A duplicate report
1shall also be mailed to the
secretary of state department of financial institutions.
2Upon receiving the reports the treasurer shall cause to be published a class 3 notice,
3under ch. 985, on or before February 1 of the same year, which contains the names
4and last-known addresses of the owners of such unclaimed money or security, and
5shall state that unless the owners call for and prove their ownership of the money
6or security, within 6 months from the time of the completed publication, the treasurer
7will take possession or control of the money or security.
AB150, s. 3301
8Section
3301. 60.33 (9) (a) of the statutes is amended to read:
AB150,1165,109
60.33
(9) (a) Perform the clerk's duties under chs. 115 to 121, relating to
public
10instruction education.
AB150, s. 3302
11Section
3302. 60.71 (4) (b) of the statutes is amended to read:
AB150,1165,1612
60.71
(4) (b) The town board shall publish a class 2 notice, under ch. 985, of the
13hearing. The notice shall contain an announcement of the hearing and a description
14of the boundaries of the proposed town sanitary district. The town board shall mail
15the notice to the department of
industry, labor and human relations development and
16the department of natural resources at least 10 days prior to the hearing.
AB150, s. 3303
17Section
3303. 60.71 (4) (c) of the statutes is amended to read:
AB150,1165,2518
60.71
(4) (c) Any person may file written comments on the formation of the
19district with the town clerk. Any owner of property within the boundary of the
20proposed district may appear at the hearing and offer objections, criticisms or
21suggestions as to the necessity of the proposed district and the question of whether
22his or her property will be benefited by the establishment of the district. A
23representative of the department of
industry, labor and human relations 24development and of the department of natural resources may attend the hearing and
25advise the town board.
AB150, s. 3304
1Section
3304. 61.34 (4) of the statutes is amended to read:
AB150,1166,142
61.34
(4) Village finances. The village board may levy and provide for the
3collection of taxes and special assessments; may refund any tax or special
4assessment paid, or any part thereof, when satisfied that the same was unjust or
5illegal; and generally may manage the village finances. The village board may loan
6money to any school district located within the village or within which the village is
7wholly or partially located in such sums as are needed by such district to meet the
8immediate expenses of operating the schools thereof, and the board of the district
9may borrow money from such village accordingly and give its note therefor. No such
10loan shall be made to extend beyond August 30 next following the making thereof or
11in an amount exceeding one-half of the estimated receipts for such district as
12certified by the
state superintendent department of
public instruction education and
13the local school clerk. The rate of interest on any such loan shall be determined by
14the village board.
AB150, s. 3305
15Section
3305. 62.12 (9) of the statutes is amended to read:
AB150,1166,2416
62.12
(9) Loans. The council may loan money to any school district located
17within the city, or within which the city is wholly or partially located, in such sums
18as are needed by such district to meet the immediate expenses of operating the
19schools thereof, and the board of the district may borrow money from such city
20accordingly and give its note therefor. No such loan shall be made to extend beyond
21August 30 next following the making thereof or in an amount exceeding one-half of
22the estimated receipts for such district as certified by the
state superintendent 23department of
public instruction
education and the local school clerk. The rate of
24interest on any such loan shall be determined by the city council.
AB150, s. 3306
25Section
3306. 66.013 (2) (a) of the statutes is amended to read:
AB150,1167,2
166.013
(2) (a) "Department" means the department of
administration 2development.
AB150, s. 3307
3Section
3307. 66.02 of the statutes is amended to read:
AB150,1167,25
466.02 Consolidation. Subject to s. 66.023 (7), any town, village or city may
5be consolidated with a contiguous town, village or city, by ordinance, passed by a
6two-thirds vote of all the members of each board or council, fixing the terms of the
7consolidation and ratified by the electors at a referendum held in each municipality.
8 The ballots shall bear the words, "for consolidation", and "against consolidation",
9and if a majority of the votes cast thereon in each municipality are for consolidation,
10the ordinances shall then be in effect and have the force of a contract. The ordinance
11and the result of the referendum shall be certified as provided in s. 66.018 (5); if a
12town the certification shall be preserved as provided in ss. 60.03 and 66.018 (5),
13respectively. Consolidation shall not affect the preexisting rights or liabilities of any
14municipality and actions thereon may be commenced or completed as though no
15consolidation had been effected. Any consolidation ordinance proposing the
16consolidation of a town and another municipality shall, within 10 days after its
17adoption and prior to its submission to the voters for ratification at a referendum, be
18submitted to the circuit court and the department of
administration development for
19a determination whether such proposed consolidation is in the public interest. The
20circuit court shall determine whether the proposed ordinance meets the formal
21requirements of this section and shall then refer the matter to the department of
22administration development, which shall find as prescribed in s. 66.014 whether the
23proposed consolidation is in the public interest in accordance with the standards in
24s. 66.016. The department's findings shall have the same status as incorporation
25findings under ss. 66.014 to 66.019.
AB150, s. 3308
1Section
3308. 66.021 (7) (a) of the statutes is amended to read:
AB150,1168,162
66.021
(7) (a) An ordinance for the annexation of the territory described in the
3annexation petition may be enacted by a two-thirds vote of the elected members of
4the governing body not less than 20 days after the publication of the notice of
5intention to circulate the petition and not later than 120 days after the date of filing
6with the city or village clerk of the petition for annexation or of the referendum
7election if favorable to the annexation. If the annexation is subject to sub. (11) the
8governing body shall first review the reasons given by the department of
9administration development that the proposed annexation is against the public
10interest. Subject to s. 59.971 (7), such an ordinance may temporarily designate the
11classification of the annexed area for zoning purposes until the zoning ordinance is
12amended as prescribed in s. 62.23 (7) (d). Before introduction of an ordinance
13containing such temporary classification, the proposed classification shall be
14referred to and recommended by the plan commission. The authority to make such
15temporary classification shall not be effective when the county ordinance prevails
16during litigation as provided in s. 59.97 (7).
AB150, s. 3309
17Section
3309. 66.021 (11) (a) of the statutes is amended to read:
AB150,1169,518
66.021
(11) (a)
Annexations within populous counties. No annexation
19proceeding within a county having a population of 50,000 or more shall be valid
20unless the person causing a notice of annexation to be published under sub. (3) shall
21within 5 days of the publication mail a copy of the notice, legal description and a scale
22map of the proposed annexation to the clerk of each municipality affected and the
23department of
administration development. The department may within 20 days
24after receipt of the notice mail to the clerk of the town within which the territory lies
25and to the clerk of the proposed annexing village or city a notice that in its opinion
1the annexation is against the public interest. No later than 10 days after mailing the
2notice, the department shall advise the clerk of the town in which the territory is
3located and the clerk of the village or city to which the annexation is proposed of the
4reasons the annexation is against the public interest as defined in par. (c). The
5annexing municipality shall review the advice before final action is taken.