AB710,75,6
1(2) Delegation of investment authority. (intro.)
Any A county, city, village,
2town, school district, drainage district, technical college district or other governing
3board, as defined in s. 34.01 (1), may delegate the investment authority over any of
4its funds not immediately needed to a state or national bank, or trust company, which
5is authorized to transact business in this state if all of the following conditions are
6met:
AB710, s. 94
7Section
94. 66.04 (3) of the statutes is renumbered 66.0601 (2).
AB710, s. 95
8Section
95. 66.04 (4) of the statutes is renumbered 66.0603 (4) and amended
9to read:
AB710,75,1510
66.0603
(4) Invested fund proceeds in populous cities, use. In
any city of the
11first a 1st class
city, all interest derived from invested funds held by the city treasurer
12in a custodial capacity on behalf of any political entity, except for pension funds,
shall
13be deemed is general
revenues
revenue of
such the city and shall revert to the city's
14general fund
, conditioned upon the approval by
such the political entity evidenced
15by a resolution adopted for that purpose.
AB710, s. 96
16Section
96. Subchapter IV (title) of chapter 66 [precedes 66.0401] of the
17statutes is created to read:
AB710,75,2019
Subchapter IV
20
Regulation
AB710, s. 97
21Section
97. 66.041 of the statutes is renumbered 66.0605 and amended to
22read:
AB710,76,5
2366.0605 Local government audits and reports. Notwithstanding any
24other statute, the governing body of
any a county, city, village or town may require
25or authorize a financial audit of
any a municipal or county officer, department, board,
1commission, function or activity financed in whole or part from municipal or county
2funds, or if any portion of the funds
thereof are the funds of
such the county, city,
3village or town. The governing body may
likewise require submission of periodic
4financial reports by
any such the officer, department, board, commission, function
5or activity.
AB710, s. 98
6Section
98
. 66.0413 (1) (title) of the statutes is created to read:
AB710,76,77
66.0413
(1) (title)
Authority and procedure.
AB710, s. 99
8Section
99. 66.0413 (1) (a) and (b) of the statutes are created to read:
AB710,76,99
66.0413
(1) (a)
Definitions. In this subsection:
AB710,76,1110
1. "Building" includes any building or structure or any portion of a building or
11structure.
AB710,76,1312
2. "Raze a building" means to demolish and remove the building and to restore
13the site to a dust-free and erosion-free condition.
AB710,76,1514
(b)
Raze order. The governing body, building inspector or other designated
15officer of a municipality may:
AB710,76,2016
1. If a building is old, dilapidated or out of repair and consequently dangerous,
17unsafe, unsanitary or otherwise unfit for human habitation and unreasonable to
18repair, order the owner of the building to raze the building or, if the building can be
19made safe by reasonable repairs, order the owner to either make the building safe
20and sanitary or to raze the building, at the owner's option.
AB710,76,2221
2. If there has been a cessation of normal construction of a building for a period
22of 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
23Section
100. 66.0413 (1) (br) (title) of the statutes is created to read:
AB710,77,1
166.0413
(1) (br) (title)
Notice of unfitness for occupancy or use; penalty.
AB710, s. 101
2Section
101
. 66.0413 (1) (br) 1. of the statutes is created to read:
AB710,77,93
66.0413
(1) (br) 1. If a building subject to an order under par. (b) is unsanitary
4and unfit for human habitation, occupancy or use and is not in danger of structural
5collapse, the building inspector or other designated officer shall post a placard on the
6premises containing the following notice: "This Building May Not Be Used For
7Human Habitation, Occupancy or Use." The building inspector or other designated
8officer shall prohibit use of the building for human habitation, occupancy or use until
9necessary repairs have been made.
Note: Restates the last 2 sentences of current s. 66.05 (2) (a), deleted by
Section 139.
AB710, s. 102
10Section
102
. 66.0413 (1) (d) of the statutes is created to read:
AB710,77,2211
66.0413
(1) (d)
Service of order. An order under par. (b) shall be served on the
12owner of record of the building that is subject to the order or on the owner's agent if
13the agent is in charge of the building in the same manner as a summons is served
14in circuit court. An order under par. (b) shall be served on the holder of an
15encumbrance of record by 1st class mail at the holder's last-known address and by
16publication as a class 1 notice under ch. 985. If the owner and the owner's agent
17cannot be found or if the owner is deceased and an estate has not been opened, the
18order may be served by posting it on the main entrance of the building and by
19publishing it as a class 1 notice under ch. 985 before the time limited in the order
20begins to run. The time limited in the order begins to run from the date of service
21on the owner or owner's agent or, if the owner and agent cannot be found, from the
22date that the order was posted on the building.
Note: Restates a portion of s. 66.05 (1m) (a).
AB710, s. 103
23Section
103
. 66.0413 (1) (k) of the statutes is created to read:
AB710,78,4
166.0413
(1) (k)
Public nuisance procedure. A building which is determined
2under par. (b) 1. to be old, dilapidated or out of repair and consequently dangerous,
3unsafe, unsanitary or otherwise unfit for human habitation and unreasonable to
4repair 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
5Section
104. 66.0413 (1) (L) (title) of the statutes is created to read:
AB710,78,66
66.0413
(1) (L) (title)
Effect of subsection.
AB710, s. 105
7Section
105. 66.0413 (2) (title) of the statutes is created to read:
AB710,78,88
66.0413
(2) (title)
Razing building that is a public nuisance; in rem procedure.
AB710, s. 106
9Section
106
. 66.0413 (2) (a) 2. and 3. of the statutes are created to read:
AB710,78,1510
66.0413
(2) (a) 2. "Public nuisance" means a building that, as a result of
11vandalism or any other reason, has deteriorated or is dilapidated or blighted to the
12extent that windows, doors or other openings, plumbing or heating fixtures, or
13facilities or appurtenances of the building are damaged, destroyed or removed so that
14the building offends the aesthetic character of the immediate neighborhood and
15produces blight or deterioration.
AB710,78,1716
3. "Raze a building" means to demolish and remove the building and to restore
17the 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
18Section
107. 66.0413 (3) (title) of the statutes is created to read:
AB710,78,1919
66.0413
(3) (title)
Razing historic buildings.
AB710, s. 108
20Section
108
. 66.0413 (4) (title) of the statutes is created to read:
AB710,78,2121
66.0413
(4) (title)
First class cities; other provisions.
AB710, s. 109
22Section
109. 66.042 of the statutes is renumbered 66.0607 and amended to
23read:
AB710,79,12
166.0607 Withdrawal or disbursement from local treasury. (1) Except as
2otherwise provided in subs. (2) to (5), in
every
a county, city, village, town
and or 3school district, all disbursements from the treasury shall be made by the treasurer
4thereof upon the written order of the county, city, village, town or school clerk after
5proper vouchers have been filed in the office of the clerk
; and in all cases where. If 6the statutes provide for payment by the treasurer without an order of the clerk,
it
7shall hereafter be the duty of the clerk
to shall draw and deliver to the treasurer an
8order
therefor for the payment before or at the time
when such that the payment is
9required to be made by the treasurer.
The provisions of this This section
shall apply 10applies to all special and general provisions of the statutes relative to the
11disbursement of money from the county, city, village, town or school district treasury
12except s. 67.10 (2).
AB710,79,19
13(2) Notwithstanding other law, a county having a population of 500,000 or more
14may, by ordinance, adopt any other method of allowing vouchers, disbursing funds,
15reconciling outstanding county orders, reconciling depository accounts, examining
16county orders, and accounting
therefor consistent with accepted accounting and
17auditing practices,
provided that if the ordinance
shall prior to its adoption
be is 18submitted to the department of revenue, which shall submit its recommendations on
19the proposed ordinance to the county board of supervisors.
AB710,80,19
20(3) Except as provided in subs. (2), (3m) and (5), disbursements of
the county,
21city, village, town or school district funds from demand deposits shall be by draft or
22order check and withdrawals from savings or time deposits shall be by written
23transfer order. Written transfer orders may be executed only for the purpose of
24transferring deposits to an authorized deposit of the public depositor in the same or
25another authorized public depository. The transfer shall be made directly by the
1public depository from which the withdrawal is made. No draft or order check issued
2under this subsection may be released to the payee, nor is the draft or order check
3valid, unless signed by the clerk and treasurer. No transfer order is valid unless
4signed by the clerk and the treasurer. Unless otherwise directed by ordinance or
5resolution adopted by the governing body, a certified copy of which shall be filed with
6each public depository concerned, the chairperson of the county board, mayor, village
7president, town chairperson or school district president
, as the case may be, shall
8countersign all drafts or order checks and all transfer orders. The governing body
9may also, by ordinance or resolution, authorize additional signatures. In lieu of the
10personal signatures of the clerk and treasurer and
such any other
required signature
11as may be required, the facsimile signature adopted by the person and approved by
12the governing body
concerned may be affixed to the draft, order check or transfer
13order. The use of a facsimile signature does not relieve
any an official from any
14liability to which the official is otherwise subject, including the unauthorized use of
15the facsimile signature.
Any A public depository
shall be is fully warranted and
16protected in making payment on any draft or order check or transferring pursuant
17to a transfer order bearing a facsimile signature affixed as provided by this
18subsection notwithstanding that the facsimile signature may have been
placed
19thereon affixed without the authority of the designated persons.
AB710,80,24
20(3m) Any A county, city, village, town or school district may process periodic
21payments through the use of money transfer techniques, including direct deposit,
22electronic funds transfer and automated clearinghouse methods. The county,
23municipal or school district treasurer shall keep a record of the date, payee and
24amount of each disbursement made by a money transfer technique.
AB710,81,9
1(4) Except as provided in sub. (3m), if
any a board, commission or committee
2of
any a county, city, village, town or school district is vested by statute with exclusive
3control and management of a fund, including the audit and approval of payments
4therefrom from the fund, independently of the governing body,
such payments
under
5this section shall be made by drafts or order checks issued by the county, city, village,
6town or school clerk upon the filing with
him or her
the clerk of certified bills,
7vouchers or schedules signed by the proper officers of
such the board, commission or
8committee, giving the name of the claimant or payee, and the amount and nature of
9each payment.
AB710,81,15
10(5) In
cities of the a 1st class
city, municipal disbursements of public moneys
11shall be by draft, order, check, order check or as provided under sub. (3m). Checks
12or drafts shall be signed by the treasurer and countersigned by the comptroller.
13Orders shall be signed by the mayor and clerk and countersigned by the comptroller,
14as provided in the charter of
such the city. Disbursements of school moneys shall be
15as provided by s. 119.50.
AB710,81,24
16(6) Withdrawal or disbursement of moneys deposited in a public depository as
17defined in s. 34.01 (5) by a treasurer as defined in s. 34.01 (7), other than the elected,
18appointed or acting official treasurer of a county, city, village, town or school district,
19shall be by endorsement, written order, draft, share draft, check or other draft signed
20by the person or persons designated by written authorization of the governing board
21as defined in s. 34.01 (1). The authorization shall conform to any statute covering
22the disbursement of the funds.
Any A public depository
shall be is fully warranted
23and protected in making payment in accordance with the latest authorization filed
24with it.
AB710,82,5
1(7) No order may be issued by
the a county, city, village, town, special purpose
2district, school district, cooperative education service agency or technical college
3district clerk in excess of funds available or appropriated for the purposes for which
4the order is drawn, unless authorized by a resolution adopted by the affirmative vote
5of two-thirds of the entire membership of the governing body.
AB710, s. 110
6Section
110
. 66.0423 (1) of the statutes is created to read:
AB710,82,77
66.0423
(1) In this section:
AB710,82,128
(a) "Sale of merchandise" includes a sale in which the personal services
9rendered upon or in connection with the merchandise constitutes the greatest part
10of value for the price received, but does not include a farm auction sale conducted by
11or for a resident farmer of personal property used on the farm or the sale of produce
12or other perishable products at retail or wholesale by a resident of this state.
AB710,82,1513
(b) "Transient merchant" means a person who engages in the sale of
14merchandise at any place in this state temporarily and who does not intend to
15become 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
16Section
111. 66.0425 (10) of the statutes is created to read:
AB710,82,1717
66.0425
(10) A privilege may be granted only as provided in this section.
AB710, s. 112
18Section
112. 66.0435 (10) of the statutes is created to read:
AB710,82,2119
66.0435
(10) The powers conferred on licensing authorities by this section are
20in addition to all other grants of authority and are limited only by the express
21language of this section.
Note: Restates a provision of s. 66.058 (2) (b) that is deleted by Section 158
.
AB710, s. 113
1Section
113. 66.044 of the statutes is renumbered 66.0609, and 66.0609 (1) to
2(4), as renumbered, are amended to read:
AB710,83,93
66.0609
(1) The governing body of
any
a village or of
any a city of the 2nd, 3rd
4or 4th class may by ordinance enact an alternative system of approving financial
5claims against the municipal treasury other than claims subject to s. 893.80. The
6ordinance shall provide that payments may be made from the city or village treasury
7after the comptroller or clerk of the city or village audits and approves each claim as
8a proper charge against the treasury, and endorses his or her approval on the claim
9after having determined that
all of the following conditions have been complied with:
AB710,83,1110
(a) That funds are available
therefor for the claim pursuant to the budget
11approved by the governing body.
AB710,83,1312
(b) That the item or service covered by
such the claim has been duly authorized
13by the proper official, department head or board or commission.
AB710,83,1514
(c) That the item or service has been actually supplied or rendered in
15conformity with
such the authorization
described in par. (b).
AB710,83,1816
(d) That the claim is just and valid pursuant to law. The comptroller or clerk
17may require the submission of
such proof
and evidence to support the
foregoing claim 18as
in that officer's discretion may be deemed the officer considers necessary.
AB710,83,21
19(2) Such The ordinance
under sub. (1) shall require that the clerk or
20comptroller
shall file with the governing body not less than monthly a list of the
21claims approved, showing the date paid, name of claimant, purpose and amount.
AB710,83,25
22(3) The ordinance
under sub. (1) shall
provide require that the governing body
23of the city or village
shall authorize obtain an annual detailed audit of its financial
24transactions and accounts by a public accountant licensed under ch. 442 and
25designated by the governing body.
AB710,84,4
1(4) Such The system
shall be under sub. (1) is operative only if the comptroller
2or clerk is covered by a fidelity bond of not less than $5,000 in villages and
cities of
3the fourth 4th class
cities, of not less than $10,000 in
cities of the third 3rd class
cities,
4and of not less than $20,000 in
cities of the second
2nd class
cities.
AB710, s. 114
5Section
114. 66.045 of the statutes is renumbered 66.0425 and amended to
6read:
AB710,84,10
766.0425 Privileges in streets. (1) Privilege for In this section, "privilege"
8means the authority to place an obstruction or excavation beyond
the a lot line, or
9within a highway in
any a town, village, or city, other than by general ordinance
10affecting the whole public
, shall be granted only as provided in this section.
AB710,84,25
11(2) Application therefor shall be made
A person may apply to
the a town or
12village board or
the common council
, and the of a city for a privilege. A privilege
shall 13may be granted
only on condition that by its acceptance if the applicant
shall become
14primarily liable assumes primary liability for damages to person or property by
15reason of the granting of the privilege,
be is obligated to remove
the same an
16obstruction or excavation upon 10 days' notice by the state or the municipality and
17waive waives the right to contest in any manner the validity of this section or the
18amount of compensation charged
and that the. The grantor of the privilege may
19require the applicant
to file
such a bond
as the board or council require, not exceeding 20that does not exceed $10,000
running
; that runs to the town, village, or city
, and
such
21third to 3rd parties
as that may be injured
, to secure; and that secures the
22performance of
these the conditions
. But if specified in this subsection. If there is
23no established lot line and the application is accompanied by a blue print, the
town
24or village board or
the common council
of the city may
make such impose any 25conditions
as they deem on the privilege that it considers advisable.
AB710,85,5
1(3) Compensation for
the special a privilege shall be paid into the general fund
2and shall be fixed
, in towns by the chairperson, in villages by the president, and in
3cities by a board consisting of the board or commissioner of public works, city
4attorney and mayor by the governing body of a city, village or town or by the designee
5of 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
6(4) The holder of
such special a privilege
shall be is not entitled to
no damages
7for removal of
the an obstruction or excavation, and if the holder
shall does not
8remove the
same obstruction or excavation upon due notice, it shall be removed at
9the holder's expense.
AB710,85,11
10(5) Third parties whose rights are interfered with by the granting of
such a 11privilege
shall have
a right of action against the holder of the
special privilege only.
AB710,85,20
12(6) Subsections (1) to (5) do not apply to telecommunications carriers, as
13defined in s. 196.01 (8m), telecommunications utilities, as defined in s. 196.01 (10),
14alternative telecommunications utilities, as defined in s. 196.01 (1d), public service
15corporations, or to cooperative associations organized under ch. 185 to render or
16furnish telecommunications service, gas, light, heat or power, but
such the carriers,
17utilities, corporations and associations shall secure
a permit from the proper official
18for temporary obstructions or
excavation excavations in a highway and
shall be are 19liable for all injuries to person or property
thereby
caused by the obstructions or
20excavations.
AB710,86,3
1(7) This section does not apply to
such an obstruction or excavation
that is in
2place for
not longer less than
3 months 90 days, and for which
a permit has been
3granted by the proper official.
AB710,86,6
4(8) Obstruction This section applies to an obstruction or excavation by a city,
5village or town in any street, alley, or public place belonging to any other
6municipality
is included in this section.
AB710,86,11
7(9) Anyone causing any obstruction or excavation to Any person who violates
8this section may be
made contrary to subs. (1) to (8) shall be liable to a fine of fined 9not less than $25
and not nor more than $500
, or
to imprisonment in the county jail 10imprisoned for not less than 10 days nor more than 6 months
, or
to both
such fine and
11imprisonment.
AB710, s. 115
12Section
115
. 66.046 of the statutes is renumbered 66.0429, and 66.0429 (1)
13and (3) (a), as renumbered, are amended to read:
AB710,86,2014
66.0429
(1) The governing body of a city, village or town may set aside streets
15or roads that are not a part of any federal, state or county trunk highway system for
16the safety of children in coasting or other play activities, and may obstruct or
17barricade
such the streets or roads to safeguard the children from accidents. The
18governing body of the city, village or town
shall
may erect and maintain
thereon on
19the streets or roads barriers or barricades, lights, or warning signs
therefor and
shall 20is not
be liable for any damage caused
thereby by the erection or maintenance.
AB710,87,2
21(3) (a) The governing body of a city may monitor or limit access to streets that
22are not part of any federal, state or county trunk highway system or connecting
23highway, as described in s. 84.02 (11), for the purposes of security or public safety.
24The governing body of a city may authorize gates or security stations, or both, to be
25erected and maintained to monitor traffic or limit access on
such these streets. The
1restriction of access to streets that is authorized under this subsection
may does not
2affect a city's eligibility for state transportation aids.
AB710, s. 116
3Section
116. 66.047 of the statutes is renumbered 66.0831 and amended to
4read:
AB710,88,4
566.0831 Interference with public service structure. No A contractor
6having with a contract for
any work upon, over, along or under
any a public street
7or highway
shall may not interfere with, destroy or disturb the structures of
any a 8public utility
as defined under s. 196.01 (5), and, including a telecommunications
9carrier as defined in s. 196.01 (8m), encountered in the performance of
such the work
10so as to interrupt, impair or affect in a manner that interrupts, impairs or affects the
11public service for which
such the structures may be used, without first
procuring 12obtaining written authority from the commissioner of public works
, or other
properly
13constituted appropriate authority.
It shall, however, be the duty of every A public
14utility,
whenever a if given reasonable notice by the contractor of the need for 15temporary protection of, or
a temporary change in,
its the utility's structures,
located
16upon, over, along or under the surface of any public street or highway is deemed 17determined by the commissioner of public works
, or other
such duly constituted 18appropriate authority
, to be reasonably necessary to enable the
accomplishment of
19such work,
to so shall temporarily protect or change its
said structures
; provided,
20that such contractor shall give reasonable notice of such required temporary
21protection or temporary change to the public utility, and located upon, over, along or
22under the surface of a public street or highway. The contractor shall pay or assure
23to the public utility the reasonable cost
thereof, except when of the temporary
24structure or change, unless the public utility is
properly otherwise liable
therefor
25under the law, but in all cases where such. If work is done by or for the state or by
1or for any county, city, village, town sanitary district, metropolitan sewerage district
2created under ss.
66.20 to 66.26 200.01 to 200.15 or
66.88 to 66.918 200.21 to 200.65 3or town, the cost of
such the temporary protection or temporary change shall be borne
4by the public utility.
AB710, s. 117
5Section
117. 66.048 of the statutes is renumbered 66.0915, and 66.0915 (1),
6(2), (3) (title), (a), (c) and (d) and (4), as renumbered, are amended to read:
AB710,88,257
66.0915
(1) Viaducts, private Private viaducts in cities, villages and towns. 8The privilege of erecting a viaduct above a public street, road or alley, for the purpose
9of connecting buildings on each side
thereof, may be granted by the city council,
10village board or town board upon the written petition of the owners of all the frontage
11of the lots and lands abutting
upon the portion
thereof sought to be connected, and
12the owners of more than one-half of the frontage of the lots and lands abutting upon
13that portion of the remainder
thereof which that lies within 2,650 feet from the ends
14of the portion proposed to be
so connected.
Whenever any of the lots or lands
15aforesaid If a lot or land is owned by the state, or by a county, city, village or town,
16or by a minor or incompetent person, or the title
thereof to the lot or land is held in
17trust,
as to all lots and lands so owned or held, said
the petition may be signed by the
18governor, the chairperson of the county board, the mayor of the city, the president of
19the board of trustees of the village, the chairperson of the town board, the guardian
20of the minor or incompetent person, or the trustee, respectively, and the signature
21of
any a private corporation may be made by its president, secretary or other
22principal officer or managing agent. Written notice stating when and where the
23petition will be acted upon, and describing the location of the proposed viaduct, shall
24be given by the city council, village board or town board by publication of a class 3
25notice, under ch. 985.
AB710,89,18
1(2) Viaducts, removal Removal of private viaducts
. A viaduct in
any a city,
2village or town may be discontinued by the city council, village board or town board,
3upon written petition of the owners of more than one-half of the frontage of the lots
4and lands abutting on the street or road approaching on each end of
such the viaduct,
5which lies within 2,650 feet from the ends of
such
the viaduct.
Whenever any of the
6lots or lands aforesaid If a lot or land is owned by the state, or by a county, city, village
7or town, or by a minor or incompetent person, or the title
thereof to the lot or land 8is held in trust,
as to all lots and lands so owned or held, said the petition may be
9signed by the governor, the chairperson of the county board, the mayor of the city, the
10president of the board of trustees of the village, the chairperson of the town board,
11the guardian of the minor or incompetent person, or the trustee, respectively, and the
12signature of
any a private corporation may be made by its president, secretary or
13other principal officer or managing agent. Written notice stating when and where
14the petition will be acted upon, and stating what viaduct is proposed to be
15discontinued, shall be given by the city council, village board or town board by
16publication of a class 1 notice, under ch. 985, not less than one year before the day
17fixed for the hearing and a class 3 notice, under ch. 985, within the 30 days before
18the date of the hearing.