1999 Wisconsin Act 150

150,247 Section 247. 66.0821 (5) (title) of the statutes is created to read:

66.0821 (5) (title) Unreasonable or discriminatory rates, rules and practices.

150,248 Section 248. 66.0821 (6) (title) of the statutes is created to read:

66.0821 (6) (title) Foreclosure sale.

150,249 Section 249. 66.0821 (7) (title) of the statutes is created to read:

66.0821 (7) (title) Relation to other authority.

150,250 Section 250. 66.083 (title) of the statutes is renumbered 66.0423 (title).

150,251 Section 251 . 66.083 of the statutes is renumbered 66.0423 (2) and amended to read:

66.0423 (2) Cities and villages, and towns not subject to an ordinance enacted under s. 59.55 (4), may, by ordinance, regulate the retail sales, other than auction sales, made by transient merchants, as defined in s. 130.065 (1m), 1987 stats., and provide penalties for violations of those ordinances.

Note: Authorizes a town that is not subject to a county ordinance regulating retail sales, other than auction sales, made by transient merchants to regulate these sales by its own ordinance. Also see the definitions in s. 66.0423 (1), Section 110.

150,252 Section 252. 66.085 (title) and (1) of the statutes are renumbered 66.0421 (title) and (1), and 66.0421 (1) (a) and (b), as renumbered, are amended to read:

66.0421 (1) (a) "Cable operator" has the meaning given in s. 66.082 66.0419 (2) (b).

(b) "Cable service" has the meaning given in s. 66.082 66.0419 (2) (c).

150,253 Section 253. 66.085 (2) of the statutes, as affected by 1999 Wisconsin Act 9, is renumbered 66.0421 (2).

150,254 Section 254. 66.085 (3) and (4) of the statutes are renumbered 66.0421 (3) and (4), and 66.0421 (4), as renumbered, is amended to read:

66.0421 (4) Repair responsibility. A cable operator shall be is responsible for any repairs to a building required because of the construction, installation, disconnection or servicing of facilities to provide cable service.

150,255 Section 255. 66.09 (title), (1), (2), (3) and (4) of the statutes are renumbered 66.0117 (title) and (2) to (5) and amended to read:

66.0117 (title) Judgment against municipalities, etc. local governmental units.

(2) (a) When If a final judgment for the payment of money shall be is recovered against a town, village, city, county, school district, technical college district, town sanitary district, public inland lake protection and rehabilitation district or community center local governmental unit, or against any an officer thereof, in any action by or against the officer in the officer's name of office of the local governmental unit, when the judgment should is to be paid by such municipality the local governmental unit, the judgment creditor, or the judgment creditor's assignee or attorney, may file a statement with the clerk of circuit court a certified transcript of the judgment, together with the judgment creditor's affidavit of payments made, if any, and the amount due and that the judgment has not been appealed from or removed to another court, or if so appealed or removed has been affirmed. The clerk of circuit court shall send a copy of the statement to the appropriate municipal clerk.

(b) The If a statement is filed under par. (a), the amount due, with costs and interest to the time when the money will be available for payment, shall be added to the next tax levy, and shall, when received, be paid to satisfy the judgment. If the judgment is appealed after filing the transcript with the clerk of circuit court, and before the tax is collected, the money shall not be collected on that levy. If the municipal clerk of circuit court fails to include the proper amount in the first tax levy, he or she shall include it or such the portion as is required to complete it in the next levy.

(3) In the case of school districts, town sanitary districts, or public inland lake protection and rehabilitation districts or community centers, transcript and affidavit a statement shall be filed with the clerk of the town, village or city in which the district or any part of it lies, and levy shall be made against the taxable property of the district or center.

(4) No process for the collection of such a judgment shall issue until after the time when the money, if collected upon the first tax levy as herein provided, would be under sub. (2) (b), is available for payment, and then only by leave of court upon motion.

(5) If by reason of dissolution or other cause, pending action, or after judgment, the transcript a statement cannot be filed with the clerk therein designated described in sub. (2) (a) or (3), it shall be filed with the clerk or clerks whose duty it is to make up the tax roll for the property liable.

150,256 Section 256. Subchapter IX (title) of chapter 66 [precedes 66.0901] of the statutes is created to read:

Chapter 66

Subchapter IX
public works and projects

150,257 Section 257. 66.0901 (1) (intro.) of the statutes is created to read:

66.0901 (1) (intro.) In this section:

150,258 Section 258 . 66.0901 (9) (a) of the statutes is created to read:

66.0901 (9) (a) Notwithstanding sub. (1) (a), in this subsection, "municipality" does not include the department of transportation.

150,259 Section 259. 66.091 of the statutes is renumbered 893.81.

150,260 Section 260 . 66.092 of the statutes is renumbered 66.0409.

150,261 Section 261 . 66.0923 (5) of the statutes is created to read:

66.0923 (5) Auditorium board. (a) The ordinance shall provide for the establishment of a joint county-city auditorium board to be composed of all of the following:

1. The mayor or chief executive of the city, and the chairperson of the county board, who shall serve as members of the board during their respective terms of office.

2. Four members to be appointed by the county board chairperson and confirmed by the county board.

3. Four members to be appointed by the mayor or other chief executive officer of the city and confirmed by the city council.

(b) Under par. (a) 2. and 3., the initial term of one member shall be one year, the initial term of one member shall be 2 years, the initial term of one member shall be 3 years and the initial term of one member shall be 4 years. The respective successors of the members under par. (a) 2. and 3. shall be appointed and confirmed for terms of 4 years. All appointees shall serve until their successors are appointed and qualified. Terms shall begin as specified in the ordinance. Vacancies shall be filled for the unexpired term in the manner in which the original appointment was made.

(c) The mayor or chief executive of the city, and the county board chairperson, each may appoint not more than 2 public officials to the board under par. (a).

150,262 Section 262. 66.0927 (1) (am) of the statutes is created to read:

66.0927 (1) (am) "Hospital" means a general county-city hospital.

150,263 Section 263. 66.10 of the statutes is repealed.

Note: Repealed as unnecessary. This section provides alternative means of publication when ss. 66.01 to 66.08 require publication in the official paper of a municipality other than a city and there is no official newspaper. Chapter 985, relating to publication of legal notices, covers the subject matter of the repealed section.

150,264 Section 264. Subchapter X (title) of chapter 66 [precedes 66.1001] of the statutes is created to read:

chapter 66

subchapter x
planning, housing
and transportation

150,265 Section 265. 66.1003 (1) of the statutes is created to read:

66.1003 (1) In this section, "public way" means all or any part of a road, street, slip, pier, lane or paved alley.

150,266 Section 266. 66.1019 (title) of the statutes is created to read:

66.1019 (title) Housing codes to conform to state law.

150,267 Section 267. 66.11 of the statutes is renumbered 66.0501, and 66.0501 (1), (2) and (3), as renumbered, are amended to read:

66.0501 (1) Deputy sheriffs and municipal police. No person shall 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 shall does not affect apply to common carriers, nor apply or to a deputy sheriff not required to take an oath of office.

(2) Eligibility of other officers. Except as expressly authorized by statute, no member of a town, village or county board, or city council, shall, during the term for which the member is elected, be is eligible for any office or position which during such that term has been created by, or the selection to which is vested in, such the board or council, but such the member shall be is eligible for any elective office. The governing body may be represented on city, village or town boards and commissions where no additional remuneration compensation, except a per diem, is paid such to the representatives of the governing body and may fix the tenure of such 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 shall does not apply to a member of any such board or council described in this subsection who resigns from said the board or council before being appointed to an office or position which was not created during the member's term in office.

(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 such any additional appointments as may be necessary to procure the number of committee or board members provided for by statute.

Note: Amends the prohibition, in sub. (2), of payment of additional remuneration to a representative of a governing body who sits on a city, village or town board or commission. The amendment provides that a representative of a governing body who is a member of a city, village or town board or commission may receive a per diem if the remaining members of the board or commission also may receive a per diem.

150,268 Section 268. Subchapter XI (title) of chapter 66 [precedes 66.1101] of the statutes is created to read:

chapter 66

subchapter xi
development

150,269 Section 269. 66.111 of the statutes is repealed.

Note: Repeals s. 66.111, relating to allowing the same fee to other officers when a fee is allowed to one officer for the performance of the same services. This provision is not necessary because fees generally are no longer part of the salary structure for municipal officers.

150,270 Section 270 . 66.113 of the statutes is renumbered 66.0515 and amended to read:

66.0515 Receipts for fees. Every officer or employe upon receiving fees for any official duty or service shall, if required requested to do so by the person paying the same fees, deliver to the that person paying a particular receipted account of such a receipt for the fees, specifying for what they which account each portion of the fees respectively accrued; and if the officer fails to do so the officer shall be liable to the party paying the same for 3 times the amount paid.

Note: Renumbers and amends s. 66.113 to provide that a municipal employe, as well as an officer, must supply a receipt for any fee received when requested to do so by the person paying the fee. The penalty for failure to supply a receipt is eliminated; violations may be prosecuted under s. 946.12, relating to misconduct in public office.

150,271 Section 271. 66.114 of the statutes is renumbered 66.0111, and 66.0111 (title), (1), (2) and (4), as renumbered, are amended to read:

66.0111 (title) Bail Bond or cash deposit under municipal ordinances. (1) When any If a person is arrested for the violation of a city, village or town ordinance and the action is to be in circuit court, the chief of police or police officer designated by the chief, marshal or clerk of court may accept from the person a bond, in an amount not to exceed the maximum penalty for the violation, with sufficient sureties, or the person's personal bond upon depositing the amount thereof in money a cash deposit, for appearance in the court having jurisdiction of the offense. A receipt shall be issued therefor for the bond or cash deposit.

(2) (a) If the person so arrested and released fails to appear, personally or by an authorized attorney or agent, before the court at the time fixed for hearing of the case, then the bond and money deposited, or such portion thereof as an amount that the court may determine determines to be an adequate penalty, plus costs, including any applicable fees prescribed in ch. 814, may be declared forfeited by the court or may be ordered applied upon to the payment of any penalty which may be is imposed after an ex parte hearing, together with the costs. In either event, the any surplus, if any, shall be refunded to the person who made the deposit.

(b) The provisions of this This subsection shall does not apply to violations of parking ordinances. Bond or bail cash deposit given for appearance to answer a charge under any such parking ordinance may be forfeited in the manner determined by the governing body.

(4) This section shall does not apply to ordinances enacted under ch. 349.

Note: Reference to "bail" is deleted and replaced by reference to "cash deposit". This is consistent with other statutes dealing with municipal ordinances, which generally do not use the term "bail", but rather refer to "cash deposit" or a variation of that term.

150,272 Section 272. 66.115 of the statutes is renumbered 66.0109 and amended to read:

66.0109 Penalties under county and municipal ordinances. Where If a statute requires that the penalty under any county or municipal ordinance shall conform to the penalty provided by statute such the ordinance may impose only a forfeiture and may provide for imprisonment in case if the forfeiture is not paid.

150,273 Section 273. 66.117 of the statutes is renumbered 66.0115.

150,274 Section 274. 66.119 (title) and (1) (title), (a) and (b) (intro.) and 1. to 6. of the statutes are renumbered 66.0113 (title) and (1) (title), (a) and (b) (intro.) and 1. to 6., and 66.0113 (1) (a) (intro.) and (b) 5., as renumbered, are amended to read:

66.0113 (1) (a) (intro.) The Except as provided in sub. (5), the governing body of any a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district may by ordinance adopt and authorize the use of a citation under this section to be issued for violations of ordinances, including ordinances for which a statutory counterpart exists.

(b) 5. A designation of the offense in such a manner as that can be readily understood by a person making a reasonable effort to do so.

150,275 Section 275. 66.119 (1) (b) 7. to 9. and (c), (2) and (3) (title) of the statutes, as affected by 1999 Wisconsin Act 9, are renumbered 66.0113 (1) (b) 7. to 9. and (c), (2) and (3) (title).

150,276 Section 276. 66.119 (3) (a) to (d) of the statutes, as affected by 1999 Wisconsin Act 9, are renumbered 66.0113 (3) (a) to (d), and 66.0113 (3) (a), (c) and (d), as renumbered, are 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, provided that 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 assessment or domestic abuse assessment that may be imposed.

(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 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 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 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. 66.12 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 assessment and any applicable domestic abuse assessment.

(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 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. 66.12 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 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 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.

150,277 Section 277. 66.119 (3) (e), (4) and (5) of the statutes are renumbered 66.0113 (3) (e), (4) and (5), and 66.0113 (4), as renumbered, is amended to read:

66.0113 (4) Relationship to other laws. The adoption and authorization for use of a citation under this section shall does not preclude the governing body from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or any other matter. The issuance of a citation under this section shall does not preclude the proceeding under any other ordinance or law relating to the same or any other matter. The proceeding Proceeding under any other ordinance or law relating to the same or any other matter shall does not preclude the issuance of a citation under this section.

150,278 Section 278. 66.12 (title) and (1) (title) and (a) of the statutes, as affected by 1999 Wisconsin Act 9, are renumbered 66.0114 (title) and (1) (title) and (a), and 66.0114 (1) (a), as renumbered, is amended to read:

66.0114 (1) (a) An action for violation of an ordinance or bylaw enacted by a city, village, town sanitary district or public inland lake protection and rehabilitation district is a civil action. All forfeitures and penalties imposed by any an ordinance or bylaw of the city, village, town sanitary district or public inland lake protection and rehabilitation district, except as provided in ss. 345.20 to 345.53, may be collected in an action in the name of the city or village before the municipal court or in an action in the name of the city, village, town sanitary district or public inland lake protection and rehabilitation district before a court of record. If the action is in municipal court, the procedures under ch. 800 apply and the procedures under this section do not apply. If the action is in a court of record, it shall be commenced by warrant or summons under s. 968.04 or, if applicable, by citation under s. 778.25 or 778.26. A law enforcement officer may arrest the offender in all cases without warrant under s. 968.07. The affidavit where If the action is commenced by warrant the affidavit may be the complaint. The affidavit or complaint shall be is sufficient if it alleges that the defendant has violated an ordinance or bylaw, specifying the ordinance or bylaw by section, chapter, title or otherwise with sufficient plainness to identify the ordinance or bylaw. The judge may release a defendant without bail a cash deposit or may permit him or her to execute an unsecured appearance bond upon arrest. In arrests without a warrant or summons a statement on the records of the court of the offense charged shall stand as is the complaint unless the court directs that a formal complaint be issued. In all actions under this paragraph the defendant's plea shall be guilty, not guilty or no contest and shall be entered as not guilty on failure to plead, which . A plea of not guilty shall put on failure to plead puts all matters in the case at issue, any other provision of law notwithstanding. The defendant may enter a not guilty plea by certified mail.

Note: Reference to "bail" in sub. (1) (a) is changed to "cash deposit" for consistency of reference in the statutes.

150,279 Section 279. 66.12 (1) (b) of the statutes, as affected by 1999 Wisconsin Act 9, is renumbered 66.0114 (1) (b) and 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, and 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 and, 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 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).

(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 him or her; and in case of any failure in the payment 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 time when it should have been paid 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), any applicable consumer information 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 sum amount required by law to be paid on the actions so 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 shall qualify qualifies.

150,280 Section 280. 66.12 (1) (c) of the statutes is renumbered 66.0114 (1) (c).