60.77 (5) (b) Require the installation of private small sewage systems.
SECTION 1587. 60.77 (5) (bm) of the statutes is amended to read:
60.77 (5) (bm) Require the inspection of private small sewage systems that have been already installed to determine compliance with the state plumbing code and may report violations of the state plumbing code to the governmental unit responsible for the regulation of private small sewage systems for enforcement under s. 145.20.
SECTION 1588. 60.77 (5) (bs) of the statutes is amended to read:
60.77 (5) (bs) Provide direct financial assistance for costs related to the replacement of private small sewage systems, as defined in s. 145.01 (12) (14m), that are failing.
SECTION 1589. 60.77 (5) (j) of the statutes is amended to read:
60.77 (5) (j) Administer the private small sewage system program if authorized under s. 145.20 (1) (am).
SECTION 1590. 62.23 (2) of the statutes is amended to read:
62.23 (2) FUNCTIONS. It shall be the function and duty of the commission to make and adopt a master plan for the physical development of the city, including any areas outside of its boundaries which in the commission's judgment bear relation to the development of the city provided, however, that in any county where a regional planning department has been established, areas outside the boundaries of a city may not be included in the master plan without the consent of the county board of supervisors. The master plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the commission's recommendations for such physical development, and may include, among other things without limitation because of enumeration, the general location, character and extent of streets, highways, freeways, street grades, roadways, walks, bridges, viaducts, parking areas, tunnels, public places and areas, parks, parkways, playgrounds, sites for public buildings and structures, airports, pierhead and bulkhead lines, waterways, routes for railroads and buses, historic districts, and the general location and extent of sewers, water conduits and other public utilities whether privately or publicly owned, the acceptance, widening, narrowing, extension, relocation, removal, vacation, abandonment or change of use of any of the foregoing public ways, grounds, places, spaces, buildings, properties, utilities, routes or terminals, the general location, character and extent of community centers and neighborhood units, the general character, extent and layout of the replanning of blighted districts and slum areas, and a comprehensive zoning plan shall contain at least the elements described in s. 66.0295. The commission may from time to time amend, extend or add to the master plan or carry any part or subject matter into greater detail. The commission may adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record.
SECTION 1591. 62.23 (3) (b) of the statutes is amended to read:
62.23 (3) (b) The commission may adopt the master plan as a whole by a single resolution, or, as the work of making the whole master plan progresses, may from time to time by resolution adopt a part or parts thereof, any such part to correspond generally with one or more of the functional subdivisions of the subject matter of the plan elements specified in s. 66.0295. The adoption of the plan or any part, amendment or addition, shall be by resolution carried by the affirmative votes of not less than a majority of all the members of the city plan commission. The resolution shall refer expressly to the maps, descriptive matter, elements under s. 66.0295 and other matters intended by the commission to form the whole or any part of the plan, and the action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the secretary of the commission, and a copy of the plan or part thereof shall be certified to the common council. The purpose and effect of the adoption and certifying of the master plan or part thereof shall be solely to aid the city plan commission and the council in the performance of their duties.
SECTION 1592. 62.231 (6m) of the statutes is created to read:
62.231 (6m) CERTAIN AMENDMENTS TO ORDINANCES. For an amendment to an ordinance enacted under this section that affects an activity that meets all of the requirements under s. 281.165 (1) to (5), the department of natural resources may not proceed under sub. (6), or otherwise review the amendment, to determine whether the ordinance, as amended, fails to meet reasonable minimum standards.
SECTION 1593. 66.014 (8) (b) of the statutes is amended to read:
66.014 (8) (b) On the basis of the hearing the circuit court shall find if the standards under s. 66.015 are met. If the court finds that the standards are not met, the court shall dismiss the petition. If the court finds that the standards are met the court shall refer the petition to the department and thereupon the department shall determine whether or not the standards under s. 66.016 are met, except that if the incorporation is part of a cooperative boundary agreement under s. 66.023, the department is not required to determine whether the standards under s. 66.016 are met.
SECTION 1594. 66.015 (intro.) of the statutes is amended to read:
66.015 Standards to be applied by the circuit court. (intro.) Before referring the incorporation petition as provided in s. 66.014 (2) to the department, the court shall determine whether the petition meets the formal and signature requirements and shall further find, except as provided in sub. (6), that the following minimum requirements are met:
SECTION 1595. 66.015 (5) of the statutes is amended to read:
66.015 (5) STANDARDS WHEN NEAR FIRST, SECOND OR THIRD CLASS CITY. Where the proposed boundary of a metropolitan village or city is within 10 miles of the boundary of a city of the first class or 5 miles of a city of the second or third class, the minimum area requirements shall be 4 3 and 6 square miles for villages and cities, respectively.
SECTION 1596. 66.015 (6) of the statutes is created to read:
66.015 (6) INCORPORATION AS PART OF COOPERATIVE PLAN. If an incorporation is part of a cooperative plan under s. 66.023, the court may not consider whether any of the requirements under subs. (1) to (5) are met.
SECTION 1597. 66.021 (7) (d) of the statutes is amended to read:
66.021 (7) (d) The annexation shall be effective upon enactment of when the annexation ordinance is recorded by the clerk with the register of deeds as provided in sub. (8) (a). The board of school directors in any city of the first class shall not be required to administer the schools in any territory annexed to any such city until July 1 following such annexation.
SECTION 1598. 66.021 (8) (a) of the statutes is amended to read:
66.021 (8) (a) The clerk of a city or village which has annexed territory shall file immediately with the secretary of state a certified copy of the ordinance, certificate and plat, and shall send one copy of the ordinance, certificate and plat to each company that provides any utility service in the area that is annexed. The clerk shall also record the ordinance with the register of deeds and file a signed copy of the ordinance with the clerk of any affected school district. Failure to file, record or send shall not invalidate the annexation and the duty to file, record or send shall be a continuing one. The ordinance that is filed, recorded or sent shall describe the annexed territory and the associated population. The information filed with the secretary of state shall be utilized in making recommendations for adjustments to entitlements under the federal revenue sharing program and distribution of funds under ch. 79. The clerk shall certify annually to the secretary of state and record with the register of deeds a legal description of the total boundaries of the municipality as those boundaries existed on December 1, unless there has been no change in the 12 months preceding.
SECTION 1599. 66.021 (11) (a) of the statutes is amended to read:
66.021 (11) (a) Annexations within populous counties. No annexation proceeding within a county having a population of 50,000 or more shall be valid unless the person causing a notice of annexation to be published under sub. (3) shall within 5 days of the publication mail a copy of the notice, legal description and a scale map of the proposed annexation to the clerk of each municipality affected and the department of administration, except that if the department of administration determines within 5 days of receipt of the documents that the legal description or scale map is illegible, contains errors that prevent the department from ascertaining the territory that is proposed to be annexed or do not conform to generally accepted standards for the preparation of legal descriptions and scale maps the department may refuse acceptance of the documents and the annexation process may not continue. If the refused documents are resubmitted by the proposed annexing city or village to the department of administration not later than 10 days after they have been returned and the department determines that they are legible, accurate and conform to generally accepted standards for the preparation of legal descriptions and scale maps the annexation shall proceed. The department may within 20 60 days after receipt of the notice mail to the clerk of the town within which the territory lies and to the clerk of the proposed annexing village or city a notice that in its opinion the annexation is against the public interest. No later than 10 days after mailing the notice, the department shall advise the clerk of the town in which the territory is located and the clerk of the village or city to which the annexation is proposed of the reasons the annexation is against the public interest as defined in par. (c). The annexing municipality shall review the advice before final action is taken.
SECTION 1600. 66.023 (title) of the statutes is amended to read:
66.023 (title) Boundary change pursuant to approved cooperative plan; incorporation of certain towns.
SECTION 1601. 66.023 (2) (intro.) of the statutes is amended to read:
66.023 (2) BOUNDARY CHANGE AUTHORITY. (intro.) Any combination of municipalities may determine the boundary lines between themselves under a cooperative plan that is approved by the department under this section. The cooperative plan may also include the incorporation of all or part of a town into a city or village, as described in sub. (4) (am). No boundary of a municipality may be changed or maintained under this section unless the municipality is a party to the cooperative agreement. The cooperative plan shall provide one or more of the following:
SECTION 1602. 66.023 (2) (e) of the statutes is created to read:
66.023 (2) (e) The date on which all or part of a town that is a party to the plan is to become incorporated as a city or village and the boundary of the new city or village if it does not include all of the territory of the town from which it was incorporated.
SECTION 1603. 66.023 (4) (am) of the statutes is created to read:
66.023 (4) (am) Procedure if cooperative plan includes an incorporation. 1. For a proposed plan to include an incorporation, the steps contained in ss. 66.014 (1) to (4) and (8) and 66.015 shall be concluded before the start of the hearing under par. (b).
2. If the steps described in subd. 1 are concluded before the start of the hearing and if the final cooperative plan is submitted to the department for review under sub. (5), the department shall, as part of its review, consider the effect of the proposed incorporation on the remainder of the town, if any, and on the other parties to the plan.
3. The final cooperative plan shall also contain a contingency cooperative plan that will take the place of the final cooperative plan in the event that the proposed incorporation that is part of the final cooperative plan is defeated in the referendum that is described under subd. 4.
4. If the department approves a final cooperative plan under sub. (5) that contains an incorporation of all or part of a town, the incorporation may not take effect until it is approved in a referendum that shall be held under s. 66.018. If the majority of votes cast in the referendum is against the incorporation, the contingent cooperative plan shall take the place of the final cooperative plan.
SECTION 1604. 66.023 (5) (c) 7. of the statutes is created to read:
66.023 (5) (c) 7. If the cooperative plan contains a proposed incorporation, the incorporation is in the public interest. In determining whether the incorporation is in the public interest, the department may apply the standards under s. 66.016.
SECTION 1605. 66.023 (7m) of the statutes is amended to read:
66.023 (7m) ZONING IN TOWN TERRITORY. If a town is a party to a cooperative plan with a city or village, the town and city or village may agree, as part of the cooperative plan, to authorize the town, city or village to adopt a zoning ordinance under s. 60.61, 61.35 or 62.23 for all or a portion of the town territory covered by the plan. The exercise of zoning authority by a town under this subsection is not subject to s. 60.61 (3) or 60.62 (3). If a county zoning ordinance applies to the town territory covered by the plan, that ordinance and amendments to it continue until a zoning ordinance is adopted under this subsection. If a zoning ordinance is adopted under this subsection, that zoning ordinance continues in effect after the planning period ceases until a different zoning ordinance for the territory is adopted under other applicable law. This subsection does not affect zoning ordinances adopted under ss. 59.692, 87.30 or 91.71 to 91.78 91.73 to 91.77.
SECTION 1606. 66.0295 of the statutes is created to read:
66.0295 Comprehensive planning. (1) DEFINITIONS. In this section:
(a) "Comprehensive plan" means:
1. For a county, a development plan that is prepared or amended under s. 59.69 (2) or (3).
2. For a city or a village, or for a town that exercises village powers under s. 60.22 (3), a master plan that is adopted or amended under s. 62.23 (2) or (3).
3. For a regional planning commission, a master plan that is adopted or amended under s. 66.945 (8), (9) or (10).
(b) "Local governmental unit" means a city, village, town, county or regional planning commission that may adopt, prepare or amend a comprehensive plan.
(2) CONTENTS OF A COMPREHENSIVE PLAN. A comprehensive plan shall contain all of the following elements:
(a) Issues and opportunities element. Background information on the local governmental unit and a statement of objectives, policies, goals and programs of the local governmental unit to guide the future growth and development of the local governmental unit over a 20-year planning period. Background information shall include population, household and employment forecasts that the local governmental unit uses in developing its plan, and demographic trends, age distribution, educational levels, income levels and employment characteristics that exist within the local governmental unit. The statement may also include similar elements related to federal and state programs and background information on nearby local governmental units that affect the local governmental unit.
(b) Housing element. A statement of objectives, policies, goals and programs of the local governmental unit to provide an adequate housing supply that meets existing and forecasted housing demand in the local governmental unit and in nearby local governmental units. The statement shall contain a map and shall assess the age, structural, value and occupancy characteristics of the local governmental unit's housing stock. The statement shall also identify specific policies and programs that promote the development of housing for residents of the local governmental unit with all income levels and with various needs, and policies and programs to maintain or rehabilitate the local governmental unit's existing housing stock.
(c) Transportation element. A map and a statement of objectives, policies, goals and programs to guide the future development of transportation infrastructure and various modes of transportation, including public transportation, transportation systems for persons with disabilities, bicycles, walking, railroads, air transportation, trucking and water transportation. The statement shall compare the local governmental unit's objectives, policies, goals and programs to state and regional transportation plans. The statement shall also identify highways and streets within the local governmental unit by type and applicable transportation plans, including transportation corridor plans, county highway functional and jurisdictional studies, urban area and rural area transportation plans, airport master plans and rail plans that apply in the local governmental unit.
(d) Utilities and community facilities element. A map and a statement of objectives, policies, goals and programs to guide the future development of utilities and community facilities in the local governmental unit such as sanitary sewer service, stormwater management, water supply, solid waste disposal, on-site wastewater treatment technologies, recycling facilities, parks, telecommunications facilities, power-generating plants and transmission lines, cemeteries, health care facilities, child care facilities and other public facilities, such as police, fire and rescue facilities, libraries, schools and other governmental facilities. The statement shall describe the use and capacity of existing public utilities and community facilities that serve the local governmental unit, shall include an approximate timetable that forecasts the need in the local governmental unit to expand or rehabilitate existing utilities and facilities or to create new utilities and facilities and shall assess future needs for government services in the local governmental unit that are related to such utilities and facilities.
(e) Agricultural, natural and cultural resources element. A map and a statement of objectives, policies, goals and programs for the conservation, and promotion of the effective management, of natural resources such as groundwater, forests, productive agricultural areas, environmentally sensitive areas, threatened and endangered species, stream corridors, surface water, floodplains, wetlands, wildlife habitat, metallic and nonmetallic mineral resources, parks, open spaces, historic and cultural resources, aesthetic resources, recreational resources and other natural resources.
(f) Economic development element. A map and a statement of objectives, policies, goals and programs to promote the stabilization, retention or expansion, of the economic base and quality employment opportunities in the local governmental unit, including an analysis of the labor force and economic base of the local governmental unit. The statement shall assess categories or particular types of new businesses and industries that are desired by the local governmental unit. The statement shall assess the local governmental unit's strengths and weaknesses with respect to attracting and retaining businesses and industries, and shall designate an adequate number of sites for such businesses and industries. The statement shall also evaluates, and promote the use of environmentally contaminated sites for commercial or industrial uses. The statement shall also identify county, regional and state economic development programs that apply to the local governmental unit.
(g) Intergovernmental cooperation element. A map and a statement of objectives, policies, goals and programs for joint planning and decision making with other jurisdictions, including school districts and adjacent local governmental units, for siting and building public facilities and sharing public services. The statement shall analyze the relationship of the local governmental unit to school districts and adjacent local governmental units, and to the region, the state and other governmental units. The statement shall incorporate any plans or agreements to which the local governmental unit is a party under s. 66.023, 66.30 or 66.945. The statement shall identify existing or potential conflicts between the local governmental unit and other governmental units that are specified in this paragraph and describe processes to resolve such conflicts.
(h) Land-use element. A map and a statement of objectives, policies, goals and programs to guide the future development and redevelopment of public and private property. The statement shall contain a listing of the amount, type, intensity and net density of existing uses of land in the local governmental unit, such as agricultural, residential, commercial, industrial and other public and private uses. The statement shall analyze trends in the supply, demand and price of land, opportunities for redevelopment and existing and potential land-use conflicts. The statement shall contain projections, based on the background information specified in par. (a), for 20 years with detailed maps, in 5-year increments, of future residential, agricultural, commercial and industrial land uses including the assumptions of net densities or other spatial assumptions upon which the projections are based. The statement shall also include a series of maps that shows current land uses and future land uses that indicate productive agricultural soils, natural limitations for building site development, floodplains, wetlands and other environmentally sensitive lands, the boundaries of areas to which services of public utilities and community facilities, as those terms are used in par. (d), will be provided in the future, consistent with the timetable described in par. (d), and the general location of future land uses by net density or other classifications.
(i) Implementation element. A statement of programs and specific actions to be completed in a stated sequence, including proposed changes to any applicable zoning ordinances, official maps, sign regulations, erosion and stormwater control ordinances, historic preservation ordinances, site plan regulations, design review ordinances, building codes, mechanical codes, housing codes, sanitary codes or subdivision ordinances, to implement the objectives, policies, plans and programs contained in pars. (a) to (h). The statement shall describe how each of the elements of the comprehensive plan will be integrated and made consistent with the other elements of the comprehensive plan, and shall include a mechanism to measure the local governmental unit's progress toward achieving all aspects of the comprehensive plan. The statement shall include a process for updating the comprehensive plan. A comprehensive plan under this subsection shall be updated no less than once every 10 years.
SECTION 1607. 66.04 (1m) (a) of the statutes is amended to read:
66.04 (1m) (a) No city, village or, town, family care district under s. 46.2895 or agency or subdivision of a city, village or town may authorize funds for or pay to a physician or surgeon or a hospital, clinic or other medical facility for the performance of an abortion except those permitted under and which are performed in accordance with s. 20.927.
SECTION 1608. 66.04 (1m) (b) of the statutes is amended to read:
66.04 (1m) (b) No city, village or, town, family care district under s. 46.2895 or agency or subdivision of a city, village or town may authorize payment of funds for a grant, subsidy or other funding involving a pregnancy program, project or service if s. 20.9275 (2) applies to the pregnancy program, project or service.
SECTION 1609. 66.119 (1) (b) 7. c. of the statutes is amended to read:
66.119 (1) (b) 7. c. That if the alleged violator makes a cash deposit and does not appear in court, he or she either will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment imposed by s. 165.87 757.05, a jail assessment imposed by s. 302.46 (1), a crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable consumer information assessment imposed by s. 100.261 and any applicable domestic abuse assessment imposed by s. 973.055 (1) not to exceed the amount of the deposit or will be summoned into court to answer the complaint if the court does not accept the plea of no contest.
****NOTE: This is reconciled s. 66.119 (1) (b) 7. c. This SECTION has been affected by drafts with the following LRB numbers: 0063/1 and 1265/5.
SECTION 1610. 66.119 (1) (b) 7. d. of the statutes is amended to read:
66.119 (1) (b) 7. d. That if the alleged violator does not make a cash deposit and does not appear in court at the time specified, the court may issue a summons or a warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment under sub. (3) (d), or the municipality may commence an action against the alleged violator to collect the forfeiture, the penalty assessment imposed by s. 165.87 757.05, 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).
****NOTE: This is reconciled s. 66.119 (1) (b) 7. d. This SECTION has been affected by drafts with the following LRB numbers: 0063/1 and 1265/5.
SECTION 1611. 66.119 (1) (c) of the statutes is amended to read:
66.119 (1) (c) An ordinance adopted under par. (a) shall contain a schedule of cash deposits that are to be required for the various ordinance violations, and for the penalty assessment imposed by s. 165.87 757.05, 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), for which a citation may be issued. The ordinance shall also specify the court, clerk of court or other official to whom cash deposits are to be made and shall require that receipts be given for cash deposits.
****NOTE: This is reconciled s. 66.119 (1) (c). This SECTION has been affected by drafts with the following LRB numbers: 0063/1 and 1265/5.
SECTION 1612. 66.119 (3) (a) of the statutes is amended to read:
66.119 (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 the cash deposit may be retained for application against any forfeiture, restitution, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment or, consumer information assessment or domestic abuse assessment that may be imposed.
SECTION 1613. 66.119 (3) (b) of the statutes is amended to read:
66.119 (3) (b) If a person appears in court in response to a citation, the citation may be used as the initial pleading, unless the court directs that a formal complaint be made, and the appearance confers personal jurisdiction over the person. The person may plead guilty, no contest or not guilty. If the person pleads guilty or no contest, the court shall accept the plea, enter a judgment of guilty and impose a forfeiture, the penalty assessment imposed by s. 165.87 757.05, 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). If the court finds that the violation meets the conditions in s. 800.093 (1), the court may order restitution under s. 800.093. A plea of not guilty shall put all matters in the case at issue, and the matter shall be set for trial.
****NOTE: This is reconciled s. 66.119 (3) (b). This SECTION has been affected by drafts with the following LRB numbers: 0063/1 and 1265/5.
SECTION 1614. 66.119 (3) (c) of the statutes is amended to read:
66.119 (3) (c) If the alleged violator makes a cash deposit and fails to appear in court, the citation may serve as the initial pleading and the violator shall be considered to have tendered a plea of no contest and submitted to a forfeiture, the penalty assessment imposed by s. 165.87 757.05, 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 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 (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.
****NOTE: This is reconciled s. 66.119 (3) (c). This SECTION has been affected by drafts with the following LRB numbers: 0063/1 and 1265/5.
SECTION 1615. 66.119 (3) (d) of the statutes is amended to read:
66.119 (3) (d) If the alleged violator does not make a cash deposit and fails to appear in court at the time specified in the citation, the court may issue a summons or warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment accordingly if service was completed as provided under par. (e) or the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district may commence an action for collection of the forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment, any applicable consumer information 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 (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.
SECTION 1616. 66.12 (1) (b) of the statutes is amended to read:
66.12 (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 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. 165.87 757.05, 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). 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 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. In the case of the penalty assessment imposed by s. 165.87 757.05, 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 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.
****NOTE: This is reconciled s. 66.12 (1) (b). This SECTION has been affected by drafts with the following LRB numbers: 0063/1 and 1265/5.
SECTION 1617. 66.12 (3) (b) of the statutes is amended to read:
66.12 (3) (b) All forfeitures and penalties recovered for the violation of any ordinance or bylaw of any city, village, town, town sanitary district or public inland lake protection and rehabilitation district shall be paid into the city, village, town, town sanitary district or public inland lake protection and rehabilitation district treasury for the use of the city, village, town, town sanitary district or public inland lake protection and rehabilitation district, except as otherwise provided in par. (c), sub. (1) (b) and s. 165.87 757.05. The judge shall report and pay into the treasury, quarterly, or at more frequent intervals if so required, all moneys collected belonging to the city, village, town, town sanitary district or public inland lake protection and rehabilitation district, which report shall be certified and filed in the office of the treasurer; and the judge shall be entitled to duplicate receipts for such moneys, one of which he or she shall file with the city, village or town clerk or with the town sanitary district or the public inland lake protection and rehabilitation district.
SECTION 1618. 66.285 (4) (f) of the statutes is created to read:
66.285 (4) (f) The failure to pay timely due to an occurrence to which s. 893.83 applies.
SECTION 1619. 66.299 (3) (a) 1. of the statutes is amended to read:
66.299 (3) (a) 1. A local governmental unit shall, to the extent practicable, make purchasing selections using specifications developed by state agencies under s. 16.72 (2) (e) to maximize the purchase of products utilizing recycled or recovered materials.
SECTION 1620. 66.299 (4) of the statutes is amended to read:
66.299 (4) PURCHASE OF RECYCLABLE MATERIALS. A local governmental unit shall, to the extent practicable, make purchasing selections using specifications prepared by state agencies under s. 16.72 (2) (f).
SECTION 1621. 66.30 (1) (a) of the statutes is amended to read:
66.30 (1) (a) In this section "municipality" means the state or any department or agency thereof, or any city, village, town, county, school district, public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70 (2), local exposition district created under subch. II of ch. 229, local professional baseball park district created under subch. III of ch. 229, family care district under s. 46.2895, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district or regional planning commission.
