AB710, s. 235
12Section
235
. 66.0801 of the statutes is created to read:
AB710,185,13
1366.0801 Definitions; effect on other authority. (1) In this subchapter:
AB710,185,1514
(a)
"Municipal public utility" means a public utility owned or operated by a city,
15village or town.
AB710,185,1616
(b) "Public utility" has the meaning given in s. 196.01 (5).
AB710,185,19
17(2) Sections 66.0803 to 66.0825 do not deprive the office of the commissioner
18of railroads, department of transportation or public service commission of any power
19under ss. 195.05 and 197.01 to 197.10 and ch. 196.
Note: Restates a portion of s. 66.06, repealed by this bill, and provides a
definition of "municipal public utility" for purposes of the subchapter. The
current provision stating that the phrase "resolution or ordinance", when used
in specified sections, means ordinances only is deleted as unnecessary.
AB710, s. 236
20Section
236
. 66.0805 (1) of the statutes is created to read:
AB710,186,521
66.0805
(1) Except as provided in sub. (6), the governing body of a city shall,
22and the governing body of a village or town may, provide for the nonpartisan
23management of a municipal public utility by creating a commission under this
1section. The board of commissioners, under the general control and supervision of
2the governing body, shall be responsible for the entire management of and shall
3supervise the operation of the utility. The governing body shall exercise general
4control and supervision of the commission by enacting ordinances governing the
5commission's operation. The board shall consist of 3, 5 or 7 commissioners.
Note: 1. Restates s. 66.068 (1), repealed by Section 180.
2. Provides that the "general control and supervision" of the utility commission
by the municipal governing body is by means of ordinance governing the
commission's operation. Previous law was silent on the issue.
AB710, s. 237
6Section
237
. 66.0807 (1) of the statutes is created to read:
AB710,186,97
66.0807
(1) In this section, "privately owned public utility" includes a
8cooperative association organized under ch. 185 for the purpose of producing or
9furnishing utility service to its members only.
Note: By adding cooperatives to the definition of "privately owned public
utility" (cooperatives are otherwise excluded from the definition of "public
utility"; see ss. 196.01 (5) and 66.0801 (1) (b), the latter created by this bill),
municipalities are authorized to enter into a joint operation agreement with a
cooperative. See, also, Section 171
.
Note: Repeals an archaic provision of the statutes relating to the recording of
orders and court certificates drawn on a municipal treasurer.
AB710, s. 239
11Section
239. 66.0811 (title) of the statutes is created to read:
AB710,186,12
1266.0811 (title)
Municipal public utility revenues.
AB710, s. 240
13Section
240. 66.0813 (title) of the statutes is created to read:
AB710,186,15
1466.0813 (title)
Provision of utility service outside of municipality by
15municipal public utility.
AB710, s. 241
16Section
241. 66.082 of the statutes is renumbered 66.0419, and 66.0419 (2) (e)
17and (3) (c), as renumbered, are amended to read:
AB710,187,218
66.0419
(2) (e) "Franchise fee" means any fee, assessment or other
19compensation which a municipality requires a cable operator to pay, with respect to
1the operation of cable television systems, solely because of the cable operator's status
2as such, and includes any compensation required under s.
66.045 66.0425.
AB710,187,5
3(3) (c) Require the payment of franchise fees which, notwithstanding s.
66.70
466.0611, may be based on the income or gross revenues of a cable television system,
5or measured by such income or gross revenues.
AB710, s. 242
6Section
242. 66.0821 (1) (intro.) of the statutes is created to read:
AB710,187,77
66.0821
(1) Definitions. (intro.) In this section:
AB710, s. 243
8Section
243. 66.0821 (2) (title) of the statutes is created to read:
AB710,187,99
66.0821
(2) (title)
General authority.
AB710, s. 244
10Section
244. 66.0821 (3) (title) of the statutes is created to read:
AB710,187,1111
66.0821
(3) (title)
Funding.
AB710, s. 245
12Section
245
. 66.0821 (3) (a) of the statutes is created to read:
AB710,187,1713
66.0821
(3) (a) Except as provided in s. 66.0721, all or a portion of the cost of
14exercising the authority under sub. (2) may be funded, to the extent applicable, from
15the municipality's general fund, by taxation, special assessment or sewerage service
16charges, by municipal obligations or revenue bonds or from any combination of these
17sources.
Note: Restates language deleted from current s. 66.076 (1) by Section 216
.
AB710, s. 246
18Section
246. 66.0821 (4) (title) of the statutes is created to read:
AB710,187,1919
66.0821
(4) (title)
Service charges.
AB710, s. 247
20Section
247. 66.0821 (5) (title) of the statutes is created to read:
AB710,187,2121
66.0821
(5) (title)
Unreasonable or discriminatory rates, rules and practices.
AB710, s. 248
22Section
248. 66.0821 (6) (title) of the statutes is created to read:
AB710,187,2323
66.0821
(6) (title)
Foreclosure sale.
AB710, s. 249
24Section
249. 66.0821 (7) (title) of the statutes is created to read:
AB710,188,1
166.0821
(7) (title)
Relation to other authority.
AB710, s. 250
2Section
250. 66.083 (title) of the statutes is renumbered 66.0423 (title).
AB710, s. 251
3Section
251
. 66.083 of the statutes is renumbered 66.0423 (2) and amended
4to read:
AB710,188,85
66.0423
(2) Cities and villages
, and towns not subject to an ordinance enacted
6under s. 59.55 (4), may, by ordinance, regulate the retail sales, other than auction
7sales, made by transient merchants
, as defined in s. 130.065 (1m), 1987 stats., and
8provide penalties for violations of those ordinances.
Note: Authorizes a town that is not subject to a county ordinance regulating
retail sales, other than auction sales, made by transient merchants to regulate
these sales by its own ordinance. Also see the definitions in s. 66.0423 (1),
Section 110.
AB710, s. 252
9Section
252. 66.085 (title) and (1) of the statutes are renumbered 66.0421
10(title) and (1), and 66.0421 (1) (a) and (b), as renumbered, are amended to read:
AB710,188,1211
66.0421
(1) (a) "Cable operator" has the meaning given in s.
66.082 66.0419 (2)
12(b).
AB710,188,1313
(b) "Cable service" has the meaning given in s.
66.082 66.0419 (2) (c).
AB710, s. 254
16Section
254. 66.085 (3) and (4) of the statutes are renumbered 66.0421 (3) and
17(4), and 66.0421 (4), as renumbered, is amended to read:
AB710,188,2018
66.0421
(4) Repair responsibility. A cable operator
shall be is responsible for
19any repairs to a building required because of the construction, installation,
20disconnection or servicing of facilities to provide cable service.
AB710, s. 255
21Section
255. 66.09 (title), (1), (2), (3) and (4) of the statutes are renumbered
2266.0117 (title) and (2) to (5) and amended to read:
AB710,189,2
166.0117 (title)
Judgment against
municipalities, etc. local
2governmental units.
AB710,189,14
3(2) (a)
When If a final judgment for the payment of money
shall be
is recovered
4against a
town, village, city, county, school district, technical college district, town
5sanitary district, public inland lake protection and rehabilitation district or
6community center local governmental unit, or
against any an officer
thereof, in any
7action by or against the officer in the officer's name of office
of the local governmental
8unit, when the judgment
should is to be paid by
such municipality the local
9governmental unit, the judgment creditor
, or the judgment creditor's assignee or
10attorney, may file
a statement with the clerk of circuit court
a certified transcript of
11the judgment, together with the judgment creditor's affidavit of payments made, if
12any, and the amount due and that the judgment has not been appealed from or
13removed to another court, or if so appealed or removed has been affirmed
. The clerk
14of circuit court shall send a copy of the statement to the appropriate municipal clerk.
AB710,189,2215
(b)
The If a statement is filed under par. (a), the amount due, with costs and
16interest to the time when the money will be available for payment, shall be added to
17the next tax levy, and shall, when received, be paid to satisfy the judgment. If the
18judgment is appealed after filing the transcript with the clerk of circuit court, and
19before the tax is collected, the money shall not be collected on that levy. If the
20municipal clerk
of circuit court fails to include the proper amount in the first tax levy,
21he or she shall include it or
such the portion
as is required to complete it in the next
22levy.
AB710,190,2
23(3) In the case of school districts, town sanitary districts
, or public inland lake
24protection and rehabilitation districts
or community centers, transcript and affidavit 25a statement shall be filed with the clerk of the town, village or city in which the
1district or any part of it lies, and levy shall be made against the taxable property of
2the district
or center.
AB710,190,6
3(4) No process for the collection of
such a judgment shall issue until after the
4time when the money, if collected upon the first tax levy
as herein provided, would
5be under sub. (2) (b), is available for payment, and then only by leave of court upon
6motion.
AB710,190,10
7(5) If by reason of dissolution or other cause, pending action, or after judgment,
8the transcript a statement cannot be filed with the clerk
therein designated 9described in sub. (2) (a) or (3), it shall be filed with the clerk or clerks whose duty it
10is to make up the tax roll for the property liable.
AB710, s. 256
11Section
256. Subchapter IX (title) of chapter 66 [precedes 66.0901] of the
12statutes is created to read:
AB710,190,1313
Chapter 66
AB710,190,1514
Subchapter IX
15
public works and projects
AB710, s. 257
16Section
257. 66.0901 (1) (intro.) of the statutes is created to read:
AB710,190,1717
66.0901
(1) (intro.) In this section:
AB710, s. 258
18Section
258
. 66.0901 (9) (a) of the statutes is created to read:
AB710,190,2019
66.0901
(9) (a) Notwithstanding sub. (1) (a), in this subsection, "municipality"
20does not include the department of transportation.
AB710, s. 259
21Section
259. 66.091 of the statutes is renumbered 893.81.
AB710, s. 260
22Section
260
. 66.092 of the statutes is renumbered 66.0409.
AB710, s. 261
23Section
261
. 66.0923 (5) of the statutes is created to read:
AB710,191,3
166.0923
(5) Auditorium board. (a) The ordinance shall provide for the
2establishment of a joint county-city auditorium board to be composed of all of the
3following:
AB710,191,64
1. The mayor or chief executive of the city, and the chairperson of the county
5board, who shall serve as members of the board during their respective terms of
6office.
AB710,191,87
2. Four members to be appointed by the county board chairperson and
8confirmed by the county board.
AB710,191,109
3. Four members to be appointed by the mayor or other chief executive officer
10of the city and confirmed by the city council.
AB710,191,1811
(b) Under par. (a) 2. and 3., the initial term of one member shall be one year,
12the initial term of one member shall be 2 years, the initial term of one member shall
13be 3 years and the initial term of one member shall be 4 years. The respective
14successors of the members under par. (a) 2. and 3. shall be appointed and confirmed
15for terms of 4 years. All appointees shall serve until their successors are appointed
16and qualified. Terms shall begin as specified in the ordinance. Vacancies shall be
17filled for the unexpired term in the manner in which the original appointment was
18made.
AB710,191,2019
(c) The mayor or chief executive of the city, and the county board chairperson,
20each may appoint not more than 2 public officials to the board under par. (a).
AB710, s. 262
21Section
262. 66.0927 (1) (am) of the statutes is created to read:
AB710,191,2222
66.0927
(1) (am) "Hospital" means a general county-city hospital.
Note: Repealed as unnecessary. This section provides alternative means of
publication when ss. 66.01 to 66.08 require publication in the official paper of a
municipality other than a city and there is no official newspaper. Chapter 985,
relating to publication of legal notices, covers the subject matter of the repealed
section.
AB710, s. 264
1Section
264. Subchapter X (title) of chapter 66 [precedes 66.1001] of the
2statutes is created to read:
AB710,192,64
subchapter x
5
planning, housing
6
and transportation
AB710, s. 265
7Section
265. 66.1003 (1) of the statutes is created to read:
AB710,192,98
66.1003
(1) In this section, "public way" means all or any part of a road, street,
9slip, pier, lane or paved alley.
AB710, s. 266
10Section
266. 66.1019 (title) of the statutes is created to read:
AB710,192,11
1166.1019 (title)
Housing codes to conform to state law.
AB710, s. 267
12Section
267. 66.11 of the statutes is renumbered 66.0501, and 66.0501 (1), (2)
13and (3), as renumbered, are amended to read:
AB710,192,1814
66.0501
(1) Deputy sheriffs and municipal police. No person
shall may be
15appointed deputy sheriff of any county or police officer for any city, village or town
16unless that person is a citizen of the United States. This section
shall does not
affect 17apply to common carriers
, nor apply
or to a deputy sheriff not required to take an oath
18of office.
AB710,193,10
19(2) Eligibility of other officers. Except as expressly authorized by statute,
20no member of a town, village or county board, or city council,
shall, during the term
21for which the member is elected,
be is eligible for any office or position which during
22such that term has been created by, or the selection to which is vested in,
such
the 23board or council, but
such the member
shall be is eligible for any elective office. The
1governing body may be represented on city, village or town boards and commissions
2where no additional
remuneration compensation, except a per diem, is paid
such to
3the representatives
of the governing body and may fix the tenure of
such these 4representatives notwithstanding any other statutory provision.
A representative of
5a governing body who is a member of a city, village or town board or commission may
6receive a per diem only if the remaining members of the board or commission may
7receive a per diem. This subsection
shall does not apply to a member of any
such 8board or council
described in this subsection who resigns from
said the board or
9council before being appointed to an office or position which was not created during
10the member's term in office.
AB710,193,16
11(3) Appointments on consolidation of offices. Whenever offices are
12consolidated, the occupants of which are members of the same statutory committee
13or board and which are serving in that office because of holding another office or
14position, the common council or village board may designate another officer or
15officers or make
such any additional appointments as may be necessary to procure
16the number of committee or board members provided for by statute.
Note: Amends the prohibition, in sub. (2), of payment of additional
remuneration to a representative of a governing body who sits on a city, village
or town board or commission. The amendment provides that a representative of
a governing body who is a member of a city, village or town board or commission
may receive a per diem if the remaining members of the board or commission
also may receive a per diem.
AB710, s. 268
17Section
268. Subchapter XI (title) of chapter 66 [precedes 66.1101] of the
18statutes is created to read: