AB710: Bill Text

AB710, s. 93 Section 93. 66.04 (2), (2m) and (2s) of the statutes are renumbered 66.0603 (1), (2) and (3), and 66.0603 (1) (a) (intro.) and (b) to (d) and (2) (intro.), as renumbered, are amended to read:

AB710,74,8 66.0603 (1) (a) (intro.) Any A county, city, village, town, school district, drainage district, technical college district or other governing board as defined by s. 34.01 (1) may invest any of its funds not immediately needed in any of the following:

AB710,74,15 (b) Any A town, city or village may invest surplus funds in any bonds or securities issued under the authority of the municipality, whether the bonds or securities create a general municipality liability or a liability of the property owners of the municipality for special improvements, and may sell or hypothecate the bonds or securities. Funds of any an employer, as defined by s. 40.02 (28), in a deferred compensation plan may also be invested and reinvested in the same manner authorized for investments under s. 881.01 (1).

AB710,74,19 (c) Any A local government, as defined under s. 25.50 (1) (d), may invest surplus funds in the local government pooled-investment fund. Cemetery care funds, including gifts where the principal is to be kept intact, may also be invested under ch. 881.

AB710,74,25 (d) Any A county, city, village, town, school district, drainage district, technical college district or other governing board as defined by s. 34.01 (1) may engage in financial transactions in which a public depository, as defined in s. 34.01 (5), agrees to repay funds advanced to it by the local government plus interest, if the agreement is secured by bonds or securities issued or guaranteed as to principal and interest by the federal government.

AB710,75,6 (2) Delegation of investment authority. (intro.) Any A county, city, village, town, school district, drainage district, technical college district or other governing board, as defined in s. 34.01 (1), may delegate the investment authority over any of its funds not immediately needed to a state or national bank, or trust company, which is authorized to transact business in this state if all of the following conditions are met:

AB710, s. 94 Section 94. 66.04 (3) of the statutes is renumbered 66.0601 (2).

AB710, s. 95 Section 95. 66.04 (4) of the statutes is renumbered 66.0603 (4) and amended to read:

AB710,75,15 66.0603 (4) Invested fund proceeds in populous cities, use. In any city of the first a 1st class city, all interest derived from invested funds held by the city treasurer in a custodial capacity on behalf of any political entity, except for pension funds, shall be deemed is general revenues revenue of such the city and shall revert to the city's general fund, conditioned upon the approval by such the political entity evidenced by a resolution adopted for that purpose.

AB710, s. 96 Section 96. Subchapter IV (title) of chapter 66 [precedes 66.0401] of the statutes is created to read:

AB710,75,18 Chapter 66

AB710,75,20 Subchapter IV Regulation

AB710, s. 97 Section 97. 66.041 of the statutes is renumbered 66.0605 and amended to read:

AB710,76,5 66.0605 Local government audits and reports. Notwithstanding any other statute, the governing body of any a county, city, village or town may require or authorize a financial audit of any a municipal or county officer, department, board, commission, function or activity financed in whole or part from municipal or county funds, or if any portion of the funds thereof are the funds of such the county, city, village or town. The governing body may likewise require submission of periodic financial reports by any such the officer, department, board, commission, function or activity.

AB710, s. 98 Section 98 . 66.0413 (1) (title) of the statutes is created to read:

AB710,76,7 66.0413 (1) (title) Authority and procedure.

AB710, s. 99 Section 99. 66.0413 (1) (a) and (b) of the statutes are created to read:

AB710,76,9 66.0413 (1) (a) Definitions. In this subsection:

AB710,76,11 1. "Building" includes any building or structure or any portion of a building or structure.

AB710,76,13 2. "Raze a building" means to demolish and remove the building and to restore the site to a dust-free and erosion-free condition.

AB710,76,15 (b) Raze order. The governing body, building inspector or other designated officer of a municipality may:

AB710,76,20 1. If a building is old, dilapidated or out of repair and consequently dangerous, unsafe, unsanitary or otherwise unfit for human habitation and unreasonable to repair, order the owner of the building to raze the building or, if the building can be made safe by reasonable repairs, order the owner to either make the building safe and sanitary or to raze the building, at the owner's option.

AB710,76,22 2. If there has been a cessation of normal construction of a building for a period of more than 2 years, order the owner of the building to raze the building.

Note: Paragraphs (a) and (b) restate s. 66.05 (1g) and a portion of sub. (1m) (a). See Section 135 of the bill.

AB710, s. 100 Section 100. 66.0413 (1) (br) (title) of the statutes is created to read:

AB710,77,1 66.0413 (1) (br) (title) Notice of unfitness for occupancy or use; penalty.

AB710, s. 101 Section 101 . 66.0413 (1) (br) 1. of the statutes is created to read:

AB710,77,9 66.0413 (1) (br) 1. If a building subject to an order under par. (b) is unsanitary and unfit for human habitation, occupancy or use and is not in danger of structural collapse, the building inspector or other designated officer shall post a placard on the premises containing the following notice: "This Building May Not Be Used For Human Habitation, Occupancy or Use." The building inspector or other designated officer shall prohibit use of the building for human habitation, occupancy or use until necessary repairs have been made.

Note: Restates the last 2 sentences of current s. 66.05 (2) (a), deleted by Section 139.

AB710, s. 102 Section 102 . 66.0413 (1) (d) of the statutes is created to read:

AB710,77,22 66.0413 (1) (d) Service of order. An order under par. (b) shall be served on the owner of record of the building that is subject to the order or on the owner's agent if the agent is in charge of the building in the same manner as a summons is served in circuit court. An order under par. (b) shall be served on the holder of an encumbrance of record by 1st class mail at the holder's last-known address and by publication as a class 1 notice under ch. 985. If the owner and the owner's agent cannot be found or if the owner is deceased and an estate has not been opened, the order may be served by posting it on the main entrance of the building and by publishing it as a class 1 notice under ch. 985 before the time limited in the order begins to run. The time limited in the order begins to run from the date of service on the owner or owner's agent or, if the owner and agent cannot be found, from the date that the order was posted on the building.

Note: Restates a portion of s. 66.05 (1m) (a).

AB710, s. 103 Section 103 . 66.0413 (1) (k) of the statutes is created to read:

AB710,78,4 66.0413 (1) (k) Public nuisance procedure. A building which is determined under par. (b) 1. to be old, dilapidated or out of repair and consequently dangerous, unsafe, unsanitary or otherwise unfit for human habitation and unreasonable to repair may be proceeded against as a public nuisance under ch. 823.

Note: Restates for convenience, in renumbered s. 66.0413, current s. 823.21.

AB710, s. 104 Section 104. 66.0413 (1) (L) (title) of the statutes is created to read:

AB710,78,6 66.0413 (1) (L) (title) Effect of subsection.

AB710, s. 105 Section 105. 66.0413 (2) (title) of the statutes is created to read:

AB710,78,8 66.0413 (2) (title) Razing building that is a public nuisance; in rem procedure.

AB710, s. 106 Section 106 . 66.0413 (2) (a) 2. and 3. of the statutes are created to read:

AB710,78,15 66.0413 (2) (a) 2. "Public nuisance" means a building that, as a result of vandalism or any other reason, has deteriorated or is dilapidated or blighted to the extent that windows, doors or other openings, plumbing or heating fixtures, or facilities or appurtenances of the building are damaged, destroyed or removed so that the building offends the aesthetic character of the immediate neighborhood and produces blight or deterioration.

AB710,78,17 3. "Raze a building" means to demolish and remove the building and to restore the site to a dust-free and erosion-free condition.

Note: Restates s. 66.05 (8) (d), repealed by Section 147 of this bill.

AB710, s. 107 Section 107. 66.0413 (3) (title) of the statutes is created to read:

AB710,78,19 66.0413 (3) (title) Razing historic buildings.

AB710, s. 108 Section 108 . 66.0413 (4) (title) of the statutes is created to read:

AB710,78,21 66.0413 (4) (title) First class cities; other provisions.

AB710, s. 109 Section 109. 66.042 of the statutes is renumbered 66.0607 and amended to read:

AB710,79,12 66.0607 Withdrawal or disbursement from local treasury. (1) Except as otherwise provided in subs. (2) to (5), in every a county, city, village, town and or school district, all disbursements from the treasury shall be made by the treasurer thereof upon the written order of the county, city, village, town or school clerk after proper vouchers have been filed in the office of the clerk; and in all cases where. If the statutes provide for payment by the treasurer without an order of the clerk, it shall hereafter be the duty of the clerk to shall draw and deliver to the treasurer an order therefor for the payment before or at the time when such that the payment is required to be made by the treasurer. The provisions of this This section shall apply applies to all special and general provisions of the statutes relative to the disbursement of money from the county, city, village, town or school district treasury except s. 67.10 (2).

AB710,79,19 (2) Notwithstanding other law, a county having a population of 500,000 or more may, by ordinance, adopt any other method of allowing vouchers, disbursing funds, reconciling outstanding county orders, reconciling depository accounts, examining county orders, and accounting therefor consistent with accepted accounting and auditing practices, provided that if the ordinance shall prior to its adoption be is submitted to the department of revenue, which shall submit its recommendations on the proposed ordinance to the county board of supervisors.

AB710,80,19 (3) Except as provided in subs. (2), (3m) and (5), disbursements of the county, city, village, town or school district funds from demand deposits shall be by draft or order check and withdrawals from savings or time deposits shall be by written transfer order. Written transfer orders may be executed only for the purpose of transferring deposits to an authorized deposit of the public depositor in the same or another authorized public depository. The transfer shall be made directly by the public depository from which the withdrawal is made. No draft or order check issued under this subsection may be released to the payee, nor is the draft or order check valid, unless signed by the clerk and treasurer. No transfer order is valid unless signed by the clerk and the treasurer. Unless otherwise directed by ordinance or resolution adopted by the governing body, a certified copy of which shall be filed with each public depository concerned, the chairperson of the county board, mayor, village president, town chairperson or school district president, as the case may be, shall countersign all drafts or order checks and all transfer orders. The governing body may also, by ordinance or resolution, authorize additional signatures. In lieu of the personal signatures of the clerk and treasurer and such any other required signature as may be required, the facsimile signature adopted by the person and approved by the governing body concerned may be affixed to the draft, order check or transfer order. The use of a facsimile signature does not relieve any an official from any liability to which the official is otherwise subject, including the unauthorized use of the facsimile signature. Any A public depository shall be is fully warranted and protected in making payment on any draft or order check or transferring pursuant to a transfer order bearing a facsimile signature affixed as provided by this subsection notwithstanding that the facsimile signature may have been placed thereon affixed without the authority of the designated persons.

AB710,80,24 (3m) Any A county, city, village, town or school district may process periodic payments through the use of money transfer techniques, including direct deposit, electronic funds transfer and automated clearinghouse methods. The county, municipal or school district treasurer shall keep a record of the date, payee and amount of each disbursement made by a money transfer technique.

AB710,81,9 (4) Except as provided in sub. (3m), if any a board, commission or committee of any a county, city, village, town or school district is vested by statute with exclusive control and management of a fund, including the audit and approval of payments therefrom from the fund, independently of the governing body, such payments under this section shall be made by drafts or order checks issued by the county, city, village, town or school clerk upon the filing with him or her the clerk of certified bills, vouchers or schedules signed by the proper officers of such the board, commission or committee, giving the name of the claimant or payee, and the amount and nature of each payment.

AB710,81,15 (5) In cities of the a 1st class city, municipal disbursements of public moneys shall be by draft, order, check, order check or as provided under sub. (3m). Checks or drafts shall be signed by the treasurer and countersigned by the comptroller. Orders shall be signed by the mayor and clerk and countersigned by the comptroller, as provided in the charter of such the city. Disbursements of school moneys shall be as provided by s. 119.50.

AB710,81,24 (6) Withdrawal or disbursement of moneys deposited in a public depository as defined in s. 34.01 (5) by a treasurer as defined in s. 34.01 (7), other than the elected, appointed or acting official treasurer of a county, city, village, town or school district, shall be by endorsement, written order, draft, share draft, check or other draft signed by the person or persons designated by written authorization of the governing board as defined in s. 34.01 (1). The authorization shall conform to any statute covering the disbursement of the funds. Any A public depository shall be is fully warranted and protected in making payment in accordance with the latest authorization filed with it.

AB710,82,5 (7) No order may be issued by the a county, city, village, town, special purpose district, school district, cooperative education service agency or technical college district clerk in excess of funds available or appropriated for the purposes for which the order is drawn, unless authorized by a resolution adopted by the affirmative vote of two-thirds of the entire membership of the governing body.

AB710, s. 110 Section 110 . 66.0423 (1) of the statutes is created to read:

AB710,82,7 66.0423 (1) In this section:

AB710,82,12 (a) "Sale of merchandise" includes a sale in which the personal services rendered upon or in connection with the merchandise constitutes the greatest part of value for the price received, but does not include a farm auction sale conducted by or for a resident farmer of personal property used on the farm or the sale of produce or other perishable products at retail or wholesale by a resident of this state.

AB710,82,15 (b) "Transient merchant" means a person who engages in the sale of merchandise at any place in this state temporarily and who does not intend to become and does not become a permanent merchant of that place.

Note: Incorporates a definition from s. 130.065 (1m), 1987 stats., into the current statute regarding the regulation of transient merchants. See Section 251 of this bill.

AB710, s. 111 Section 111. 66.0425 (10) of the statutes is created to read:

AB710,82,17 66.0425 (10) A privilege may be granted only as provided in this section.

AB710, s. 112 Section 112. 66.0435 (10) of the statutes is created to read:

AB710,82,21 66.0435 (10) The powers conferred on licensing authorities by this section are in addition to all other grants of authority and are limited only by the express language of this section.

Note: Restates a provision of s. 66.058 (2) (b) that is deleted by Section 158 .

AB710, s. 113 Section 113. 66.044 of the statutes is renumbered 66.0609, and 66.0609 (1) to (4), as renumbered, are amended to read:

AB710,83,9 66.0609 (1) The governing body of any a village or of any a city of the 2nd, 3rd or 4th class may by ordinance enact an alternative system of approving financial claims against the municipal treasury other than claims subject to s. 893.80. The ordinance shall provide that payments may be made from the city or village treasury after the comptroller or clerk of the city or village audits and approves each claim as a proper charge against the treasury, and endorses his or her approval on the claim after having determined that all of the following conditions have been complied with:

AB710,83,11 (a) That funds are available therefor for the claim pursuant to the budget approved by the governing body.

AB710,83,13 (b) That the item or service covered by such the claim has been duly authorized by the proper official, department head or board or commission.

AB710,83,15 (c) That the item or service has been actually supplied or rendered in conformity with such the authorization described in par. (b).

AB710,83,18 (d) That the claim is just and valid pursuant to law. The comptroller or clerk may require the submission of such proof and evidence to support the foregoing claim as in that officer's discretion may be deemed the officer considers necessary.

AB710,83,21 (2) Such The ordinance under sub. (1) shall require that the clerk or comptroller shall file with the governing body not less than monthly a list of the claims approved, showing the date paid, name of claimant, purpose and amount.

AB710,83,25 (3) The ordinance under sub. (1) shall provide require that the governing body of the city or village shall authorize obtain an annual detailed audit of its financial transactions and accounts by a public accountant licensed under ch. 442 and designated by the governing body.

AB710,84,4 (4) Such The system shall be under sub. (1) is operative only if the comptroller or clerk is covered by a fidelity bond of not less than $5,000 in villages and cities of the fourth 4th class cities, of not less than $10,000 in cities of the third 3rd class cities, and of not less than $20,000 in cities of the second 2nd class cities.

AB710, s. 114 Section 114. 66.045 of the statutes is renumbered 66.0425 and amended to read:

AB710,84,10 66.0425 Privileges in streets. (1) Privilege for In this section, "privilege" means the authority to place an obstruction or excavation beyond the a lot line, or within a highway in any a town, village, or city, other than by general ordinance affecting the whole public, shall be granted only as provided in this section.

AB710,84,25 (2) Application therefor shall be made A person may apply to the a town or village board or the common council, and the of a city for a privilege. A privilege shall may be granted only on condition that by its acceptance if the applicant shall become primarily liable assumes primary liability for damages to person or property by reason of the granting of the privilege, be is obligated to remove the same an obstruction or excavation upon 10 days' notice by the state or the municipality and waive waives the right to contest in any manner the validity of this section or the amount of compensation charged and that the. The grantor of the privilege may require the applicant to file such a bond as the board or council require, not exceeding that does not exceed $10,000 running ; that runs to the town, village, or city, and such third to 3rd parties as that may be injured, to secure; and that secures the performance of these the conditions . But if specified in this subsection. If there is no established lot line and the application is accompanied by a blue print, the town or village board or the common council of the city may make such impose any conditions as they deem on the privilege that it considers advisable.

AB710,85,5 (3) Compensation for the special a privilege shall be paid into the general fund and shall be fixed, in towns by the chairperson, in villages by the president, and in cities by a board consisting of the board or commissioner of public works, city attorney and mayor by the governing body of a city, village or town or by the designee of the governing body.

Note: Amends sub. (3) regarding compensation for the municipal award of a privilege. Current law states that compensation is determined by specified municipal officers. Section 66.0425 (3) now provides that compensation will be determined by the governing body of a city, village or town or by the designee of the governing body.

AB710,85,9 (4) The holder of such special a privilege shall be is not entitled to no damages for removal of the an obstruction or excavation, and if the holder shall does not remove the same obstruction or excavation upon due notice, it shall be removed at the holder's expense.

AB710,85,11 (5) Third parties whose rights are interfered with by the granting of such a privilege shall have a right of action against the holder of the special privilege only.

AB710,85,20 (6) Subsections (1) to (5) do not apply to telecommunications carriers, as defined in s. 196.01 (8m), telecommunications utilities, as defined in s. 196.01 (10), alternative telecommunications utilities, as defined in s. 196.01 (1d), public service corporations, or to cooperative associations organized under ch. 185 to render or furnish telecommunications service, gas, light, heat or power, but such the carriers, utilities, corporations and associations shall secure a permit from the proper official for temporary obstructions or excavation excavations in a highway and shall be are liable for all injuries to person or property thereby caused by the obstructions or excavations.

AB710,86,3 (7) This section does not apply to such an obstruction or excavation that is in place for not longer less than 3 months 90 days, and for which a permit has been granted by the proper official.

AB710,86,6 (8) Obstruction This section applies to an obstruction or excavation by a city, village or town in any street, alley, or public place belonging to any other municipality is included in this section.

AB710,86,11 (9) Anyone causing any obstruction or excavation to Any person who violates this section may be made contrary to subs. (1) to (8) shall be liable to a fine of fined not less than $25 and not nor more than $500, or to imprisonment in the county jail imprisoned for not less than 10 days nor more than 6 months, or to both such fine and imprisonment.

AB710, s. 115 Section 115 . 66.046 of the statutes is renumbered 66.0429, and 66.0429 (1) and (3) (a), as renumbered, are amended to read:

AB710,86,20 66.0429 (1) The governing body of a city, village or town may set aside streets or roads that are not a part of any federal, state or county trunk highway system for the safety of children in coasting or other play activities, and may obstruct or barricade such the streets or roads to safeguard the children from accidents. The governing body of the city, village or town shall may erect and maintain thereon on the streets or roads barriers or barricades, lights, or warning signs therefor and shall is not be liable for any damage caused thereby by the erection or maintenance.

AB710,87,2 (3) (a) The governing body of a city may monitor or limit access to streets that are not part of any federal, state or county trunk highway system or connecting highway, as described in s. 84.02 (11), for the purposes of security or public safety. The governing body of a city may authorize gates or security stations, or both, to be erected and maintained to monitor traffic or limit access on such these streets. The restriction of access to streets that is authorized under this subsection may does not affect a city's eligibility for state transportation aids.