AB710, s. 14 18Section 14. Subchapter II (title) of chapter 62 [precedes 62.50] of the statutes
19is amended to read:
AB710,17,2020 CHAPTER 62
AB710,18,221 SUBCHAPTER II
22POLICE AND FIRE DEPARTMENTS

1IN CITIES OF THE
FIRST
2 CLASS Cities
AB710, s. 15 3Section 15 . 62.63 (1) of the statutes is created to read:
AB710,18,84 62.63 (1) Establishment of funds. By a majority vote of the members-elect,
5the common council of a 1st class city may create, establish, maintain and administer
6annuity and benefit funds for city officers and employes, including officers and
7employes of boards, agencies, departments and divisions of the city government and
8of a housing authority established under s. 66.1201.
Note: Restates s. 66.80 (1) and (3) repealed by Sections 570 and 572 of this
bill.
AB710, s. 16 9Section 16 . 62.69 (1) of the statutes is created to read:
AB710,18,1010 62.69 (1) Application. This section applies to 1st class cities.
Note: Restates s. 66.071 (intro.), repealed by Section 196 of this bill.
AB710, s. 17 11Section 17. 62.69 (2) (b) of the statutes is created to read:
AB710,18,1512 62.69 (2) (b) In this subsection, all acts authorized to be done by the
13commissioner of public works, except enforcement of regulations approved by the
14common council, shall be approved by the common council before the acts may take
15effect.
Note: Restates a portion of s. 66.071 (1) (b) that is repealed by Section 199 of
this bill.
AB710, s. 18 16Section 18 . 66.01 (title) and (1) to (3) of the statutes are renumbered 66.0101
17(title) and (1) to (3), and 66.0101 (2) and (3), as renumbered, are amended to read:
AB710,19,218 66.0101 (2) (a) A "charter ordinance" is any ordinance which enacts, amends
19or repeals the whole or any part of the charter of a city or village, or makes the
20election mentioned in sub. (4). Such
city or village may enact a charter ordinance.
21A
charter ordinance shall be so designated, shall require as a charter ordinance,
22requires
a two-thirds vote of the members-elect of the legislative body of such the

1city or village, and shall be is subject to referendum as hereinafter prescribed
2provided in this section.
AB710,19,83 (b) Every A charter ordinance which that amends or repeals the whole or any
4part of
a city or village charter shall designate specifically the portion of the charter
5so that is amended or repealed, and every. A charter ordinance which that makes
6the election mentioned in under sub. (4) shall designate specifically each enactment
7of the legislature or portion thereof, of the enactment that is made inapplicable to
8such the city or village by the election mentioned in sub. (4).
AB710,19,17 9(3) Every enactment, amendment or repeal of the whole or any part of the
10charter of any city or village
A charter ordinance shall be published as a class 1
11notice, under ch. 985, and shall be recorded by the clerk in a permanent book kept
12for that purpose, with a statement of the manner of its adoption, and a. A certified
13copy thereof of the charter ordinance shall be filed by said the clerk with the secretary
14of state. The secretary of state shall keep a separate index of all charter ordinances,
15arranged alphabetically by city and village and summarizing each ordinance, and
16annually shall issue such a list the index of charter ordinances filed during the 12
17months prior to July 1.
Note: "Charter ordinance" is now defined in a separate subsection. See
Section 27 of this bill.
AB710, s. 19 18Section 19. 66.01 (3a) of the statutes is renumbered 66.0101 (12).
AB710, s. 20 19Section 20. 66.01 (4) to (8) of the statutes are renumbered 66.0101 (4) to (8)
20and amended to read:
AB710,20,421 66.0101 (4) Any A city or village may elect in the manner prescribed in under
22this section that the whole or any part of any laws law relating to the local affairs and
23government of such the city or village other than such those enactments of the

1legislature of statewide concern as shall with uniformity affect every city or every
2village shall not apply to such the city or village, and thereupon such laws or parts
3thereof shall cease when the election takes effect, the law ceases to be in effect in such
4the city or village.
AB710,20,16 5(5) Any city or village by charter ordinance may make the election mentioned
6in sub. (4) of this section, or enact, amend or repeal the whole or any part of its
7charter; but such
A charter ordinance shall does not take effect until 60 days after
8its passage and publication. If within such 60 days the 60-day period a petition
9conforming to the requirements of s. 8.40 and signed by a number of electors of the
10city or village equal to not less than 7% of the votes cast therein in the city or village
11for governor at the last general election shall be is filed in the office of the clerk of said
12the city or village demanding that such the ordinance be submitted to a vote of the
13electors, it shall may not take effect until it is submitted to a referendum and
14approved by a majority of the electors voting thereon. Said in the referendum. The
15petition and the proceedings for its submission shall be are governed by s. 9.20 (2)
16to (6).
AB710,20,20 17(6) Any A charter ordinance may be initiated in the manner provided in under
18s. 9.20 (1) to (6), but alternative adoption thereof of the charter ordinance by the
19legislative body shall be is subject to referendum as provided in under sub. (5) of this
20section
.
AB710,20,24 21(7) Any A charter ordinance may be submitted to a referendum by the
22legislative body, in the manner prescribed in under s. 9.20 (4) to (6), without initiative
23petition, and shall become becomes effective when approved by a majority of the
24electors voting thereon in the referendum.
AB710,21,10
1(8) Every charter, charter amendment or A charter ordinance enacted or
2approved by a vote of the electors shall control and prevail controls over any prior or
3subsequent act of the legislative body of the city or village. Whenever If the electors
4of any city or village by a majority vote have adopted or determined to continue to
5operate under either ch. 62 or 64, or have determined the method of selection of
6members of the governing board, the question shall not again be submitted to the
7electors, nor action taken thereon on the question, within a period of 2 years. Any
8election to change or amend the charter of any city or village, other than a special
9election as provided in s. 9.20 (4), shall be held at the time provided by statute for
10holding the spring election.
AB710, s. 21 11Section 21. 66.01 (9) to (11) of the statutes are renumbered 66.0101 (9) (a), (b)
12and (d) and amended to read:
AB710,21,1713 66.0101 (9) (a) The legislative body of any a city or village, by resolution
14adopted by a two-thirds vote of its members-elect may, and upon petition complying
15with s. 9.20 shall, submit to the electors in the manner prescribed in under s. 9.20
16(4) to (6) the question of holding a charter convention under one or more plans
17proposed in said the resolution or petition.
AB710,21,1818 (b) The ballot shall be in substantially the following form:
AB710,21,1919 Shall a charter convention be held?
AB710,21,2020 YES NO
AB710,21,2121 If a charter convention be is held what plan do you favor?
AB710,21,2222 PLAN 1 PLAN 2
AB710,21,2323 [Repeat for each plan proposed.]
AB710,21,2424 Mark an [X] in the square to the RIGHT of the plan that you select.
AB710,22,5
1(c) If a majority of the electors voting thereon vote for a charter convention, such
2the convention shall be held pursuant to the plan favored by a majority of the total
3votes cast for all plans. If no plan receives a majority, the 2 plans receiving the
4highest number of votes shall be again submitted to the electors and a convention
5shall thereupon be held pursuant to the plan favored by a majority of the votes cast.
AB710,22,136 (d) Such A charter convention shall have power to may adopt a charter or
7amendments to the existing charter. Such The charter or charter amendments
8adopted by such the convention shall be certified, as soon as may be practicable, by
9the presiding officer and secretary thereof of the convention to the city or village clerk
10and shall thereupon be submitted to the electors in the manner prescribed in as
11provided under
s. 9.20 (4) to (6), without the alternative mentioned therein provided
12in s. 9.20 (4) to (6)
, and shall take effect only when approved by a majority of the
13electors voting thereon.
AB710, s. 22 14Section 22. 66.01 (12) of the statutes is renumbered 66.0101 (10).
AB710, s. 23 15Section 23. 66.01 (14) of the statutes is repealed.
Note: Repealed as obsolete. The subsection provides as follows:
"(14) All laws relating to public instruction, under article X, sections 1 to 5, of
the constitution, remain and shall continue in force for the establishment,
administration and government of the district schools as heretofore, until
amended or repealed by the legislature. The term "district schools" as here
used, in addition to common schools includes, among others, any and all public
high schools, trade schools, technical colleges, auxiliary departments for
instruction of pupils who are deaf or of impaired speech or blind, and truancy or
parental schools.".
Municipalities no longer enact general laws relating to public instruction.
AB710, s. 24 16Section 24. 66.01 (15) of the statutes is renumbered 66.0101 (11).
AB710, s. 25 17Section 25 . 66.01 (16) of the statutes is renumbered 61.188 and amended to
18read:
AB710,23,14 1961.188 Certain villages may become cities by charter ordinance. Any
20village having a population of 1,000 or more may proceed under this section s.

166.0101
to organize as a city of the appropriate class. The village may by charter or
2charter ordinance adopted under this section s. 66.0101 elect not to be governed by
3ch. 62 or this chapter 66 in whole or in part or may create such that system of
4government as is deemed considered by the village to be most appropriate for its
5situation
. The charter or charter ordinance may include provision for the following,
6without limitation because of enumeration
: method of election of members of the
7council by districts, at-large or by a combination of methods, procedure for election
8of the first common council, creation and selection of all administrative officers,
9departments, boards and commissions, powers and duties of all officers, boards and
10commissions and terms of office. The charter or charter ordinance shall may not alter
11those provisions of ch. 62 dealing with police and fire departments or chs. 115 to 121
12dealing with education. Any village incorporated after August 12, 1959, may not
13become a city under this subsection section unless it meets the standards for
14incorporation in ss. 66.015 and 66.016 66.0205 and 66.0207.
AB710, s. 26 15Section 26. Subchapter I (title) of chapter 66 [precedes 66.0101] of the statutes
16is created to read:
AB710,23,1717 Chapter 66
AB710,23,1918 Subchapter I
19 General Powers; administration
AB710, s. 27 20Section 27 . 66.0101 (1m) of the statutes is created to read:
AB710,23,2321 66.0101 (1m) In this section, "charter ordinance" means an ordinance that
22enacts, amends or repeals the charter, or any part of the charter, of a city or village
23or that makes the election under sub. (4).
Note: Provides a general definition of "charter ordinance" for the statutory
provision relating to home rule and charter ordinances. See the treatment of
current s. 66.01 by Sections 18 to 25 of this bill.
AB710, s. 28
1Section 28 . 66.0103 of the statutes is created to read:
AB710,24,7 266.0103 Code of ordinances. (1) The governing body of a city, village, town
3or county may authorize the preparation of a code of some or all of its general
4ordinances. The code may be enacted by an ordinance that incorporates the code by
5reference. A copy of the code shall be available for public inspection not less than 2
6weeks before it is enacted. After the code is enacted, a copy shall be maintained and
7available for public inspection in the office of the city, village, town or county clerk.
AB710,24,9 8(2) Publication of a code enacted under sub. (1), in book or pamphlet form,
9meets the publication requirements of ss. 59.14, 60.80, 61.50 (1) and 62.11 (4) (a).
Note: Restates current s. 66.035.
AB710, s. 29 10Section 29. 66.0117 (1) of the statutes is created to read:
AB710,24,1111 66.0117 (1) In this section:
AB710,24,1412 (a) "Local governmental unit" means a city, village, town, county, school
13district, technical college district, town sanitary district or public inland lake
14protection and rehabilitation district.
AB710,24,1515 (b) "Statement" means all of the following:
AB710,24,1616 1. A certified transcript of a judgment.
AB710,24,1817 2. A judgment creditor's affidavit of the amount due on a judgment, of
18payments made on the judgment and that the judgment has not been appealed.
Note: Creates a definition for s. 66.0117, relating to judgments against local
governmental units. The definition differs from the current language of s. 66.09
by removing a community center from the list of local governmental bodies to
which the law applies. It appears that a community center is not treated as a
local governmental unit anywhere else in the statutes. The term "community
centre" first appeared in this section when separate statutes were consolidated
and revised in chapter 396, laws of 1921.
AB710, s. 30 19Section 30. 66.0119 (1) (c) of the statutes is created to read:
AB710,24,2020 66.0119 (1) (c) "Public building" has the meaning given in s. 101.01 (12).
AB710, s. 31
1Section 31. 66.012 of the statutes is renumbered 66.0215 and amended to
2read:
AB710,25,13 366.0215 Towns may become Incorporation of certain towns adjacent
4to 1st class
cities. (1) Petition. Whenever If the resident population of any a town
5exceeds 5,000 as shown by the last federal census or by a census herein provided for
6and
under sub. (2), if the town is adjacent to a city of the first 1st class city and
7contains an equalized valuation in excess of $20,000,000 and if a petition has been
8presented and
signed by 100 or more persons, each an elector and taxpayer of said
9the town, and, in addition thereto, said petition contains containing the signatures
10of at least one-half 50% of the owners of real estate in said the town which petition
11requests
and requesting submission of the question to the electors of the town and,
12is filed with the clerk of the town, the procedure for becoming a fourth 4th class city
13is initiated.
AB710,25,25 14(2) Referendum. At the next regular meeting of the town board, said town
15following the filing of the petition under sub. (1), the board by resolution shall provide
16for a referendum by the electors of said the town. The resolution shall observe
17conform to the requirements of s. 5.15 (1) and (2) and shall determine the numbers
18and boundaries of each ward of the proposed city, and the time of voting, which shall
19may not be earlier than 6 weeks after the adoption of said the resolution and said.
20The
resolution may direct that a census be taken of the resident population of such
21the territory as it may be on some a day not more than 10 weeks previous to the date
22of the election, exhibiting the name of every head of a family and the name of every
23person who is a resident in good faith of such the territory on such that day, and the
24lot or quarter section of land on which that person resides, which shall be verified by
25the affixed affidavit of the person taking the same affixed thereto census.
AB710,26,5
1(3) Notice of referendum. Notice of the referendum shall be given by
2publication of the resolution in a newspaper published in such the town, if there be
3is one, otherwise in a newspaper designated in the resolution, once a week for 4
4successive weeks, the first publication to be not more than 4 weeks before the
5referendum.
AB710,26,11 6(4) Voting procedure. The referendum shall be conducted in the same manner
7as elections for supervisors of the town board. The question appearing on the ballot
8shall be "Shall the town of .... become a 4th class city?". Below the question shall
9appear 2 squares. To the left of one square shall appear the words "For a city" and
10to the left of the other square shall appear the words "Against a city". The inspectors
11shall make a return to the clerk of such the town.
AB710,26,19 12(5) Certificate of incorporation. If a majority of the votes are cast in favor
13of a city the clerk shall certify the fact to the secretary of state, together with the
14result of the census, if any, and 4 copies of a description of the legal boundaries of the
15town and 4 copies of a plat thereof, whereupon the of the town. The secretary of state
16shall then issue a certificate of incorporation, and record the same certificate in a
17book kept for that purpose. Two copies of the description and plat shall be forwarded
18by the secretary of state to the department of transportation and one copy to the
19department of revenue.
AB710,26,22 20(6) City powers. Every A city thus incorporated shall thenceforth be under this
21section is
a body corporate and politic, with the powers and privileges of a municipal
22corporation at common law and conferred by ch. 62.
AB710,26,25 23(7) Existing ordinances. (a) Ordinances in force in the territory or any part
24thereof, so far as of the territory, to the extent not inconsistent with ch. 62, shall
25continue in force until altered or repealed.
AB710,27,3
1(b) A county shoreland zoning ordinance enacted under s. 59.692 that is in force
2in any part of the territory shall continue continues in force until altered under s.
359.692 (7) (ad).
AB710,27,9 4(8) Interim officers. All officers of the town embracing the territory thus
5incorporated as a city shall continue in their powers and duties as theretofore until
6the first meeting of the common council at which a quorum is present. Until a city
7clerk shall have been is chosen and qualified all oaths of office and other papers shall
8be filed with the town clerk, with whom the petition was filed, who shall deliver them
9with the petition to the city clerk when the city clerk shall have is qualified.
AB710,27,24 10(9) First city election. Within 10 days after incorporation of the city, the town
11board with and the town clerk of which who received the petition was filed shall fix
12a time for the first city election, designate the polling place or places, and name 3
13inspectors of election for each place. Ten days' previous notice of the election shall
14be given by the clerk by publication in the newspapers selected under sub. (3) and
15by posting notices in 3 public places in the city. Failure to give such notice does not
16invalidate the election. The election shall be conducted as is prescribed by chs. 5 to
1712, except that no registration of voters shall may be required. The inspectors shall
18make returns to the board which shall, within one week after the election, canvass
19the returns and declare the result. The clerk shall notify the officers-elect and issue
20certificates of election. If the first election is on the first Tuesday in April the officers
21so elected shall and their appointees commence and hold their offices as for a regular
22term, as shall also their appointees. Otherwise they shall commence within 10 days
23and hold until the regular city election and the qualification of their successors, and
24the term of their appointees shall expire expires as soon as successors qualify.
AB710, s. 32 25Section 32. 66.0123 (1) of the statutes is created to read:
AB710,28,2
166.0123 (1) In this section, "governmental unit" means a town board or school
2board.
AB710, s. 33 3Section 33. 66.013 of the statutes is renumbered 66.0201, and 66.0201 (1) and
4(2) (intro.), as renumbered, are amended to read:
AB710,28,105 66.0201 (1) Purpose. It is declared to be the policy of this state that the
6development of territory from town to incorporated status proceed in an orderly and
7uniform manner and that toward this end each proposed incorporation of territory
8as a village or city be reviewed as provided in ss. 66.013 to 66.019 66.0201 to 66.0213
9to assure compliance with certain minimum standards which take into account the
10needs of both urban and rural areas.
AB710,28,12 11(2) Definitions. (intro.) As used in In ss. 66.013 66.0201 to 66.019 66.0213,
12unless the context requires otherwise:
AB710, s. 34 13Section 34. 66.0137 (title) and (1) of the statutes are created to read:
AB710,28,18 1466.0137 (title) Provision of insurance. (1) Definition. In this section, "local
15governmental unit" means a city, village, town, county, school district (as
16enumerated in s. 67.01 (5)), sewerage district, drainage district and, without
17limitation because of enumeration, any other political subdivision of the state should
18be s. 345.05 (1) (c).
AB710, s. 35 19Section 35. 66.0139 (1) of the statutes is created to read:
AB710,28,2120 66.0139 (1) In this section, "political subdivision" means a city, village, town
21or county.
AB710, s. 36 22Section 36. 66.014 of the statutes is renumbered 66.0203, and 66.0203 (1), (2)
23(a) to (e), (3), (4) (a), (7) (a), (8) (b), (9) (a), (d) to (f) and (h) and (10), as renumbered,
24are amended to read:
AB710,29,5
166.0203 (1) Notice of intention. At least 10 days and not more than 20 days
2before the circulation of an incorporation petition, a notice setting forth that the
3petition is to be circulated and including an accurate description of the territory
4involved shall be published within the county in which said the territory is located
5as a class 1 notice, under ch. 985.
AB710,29,10 6(2) (a) The petition for incorporation of a village or city shall be in writing
7signed by 50 or more persons who are both electors and freeholders in the territory
8to be incorporated if the population of the proposed village or city includes 300 or
9more persons; otherwise by 25 or more such electors and freeholders persons who are
10both electors and freeholders in the territory to be incorporated
.
AB710,29,1411 (b) The petition shall be addressed to and filed with the circuit court of a county
12in which all or a major part of the territory to be incorporated is located; and the. The
13incorporation petition shall be is void unless filed within 6 months of the date of
14publication of the notice of intention to circulate.
AB710,29,2415 (c) The petition shall designate a representative of the petitioners, and an
16alternate, who shall be an elector or freeholder in the territory, and state that
17person's address; describe the territory to be incorporated with sufficient accuracy
18to determine its location and have attached thereto to the petition a scale map
19reasonably showing the boundaries thereof of the territory; specify the current
20resident population of the territory by number in accordance with the definition
21given in s. 66.013 66.0201 (2) (b); set forth facts substantially establishing the
22required standards for incorporation required herein; and request the circuit court
23to order a referendum and to certify the incorporation of the village or city when it
24is found that all requirements have been met.
AB710,30,3
1(e) No person who has signed a petition shall be permitted to may withdraw his
2or her name therefrom from the petition. No additional signatures shall may be
3added after a petition is filed.
AB710,30,6 4(3) Hearing; costs. (a) Upon the filing of the petition the circuit court shall
5by order fix a time and place for a hearing giving preference to such the hearing over
6other matters on the court calendar.
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