AB710: Bill Text

AB710,186,15 66.0813 (title) Provision of utility service outside of municipality by municipal public utility.

AB710, s. 241 Section 241. 66.082 of the statutes is renumbered 66.0419, and 66.0419 (2) (e) and (3) (c), as renumbered, are amended to read:

AB710,187,2 66.0419 (2) (e) "Franchise fee" means any fee, assessment or other compensation which a municipality requires a cable operator to pay, with respect to the operation of cable television systems, solely because of the cable operator's status as such, and includes any compensation required under s. 66.045 66.0425.

AB710,187,5 (3) (c) Require the payment of franchise fees which, notwithstanding s. 66.70 66.0611, may be based on the income or gross revenues of a cable television system, or measured by such income or gross revenues.

AB710, s. 242 Section 242. 66.0821 (1) (intro.) of the statutes is created to read:

AB710,187,7 66.0821 (1) Definitions. (intro.) In this section:

AB710, s. 243 Section 243. 66.0821 (2) (title) of the statutes is created to read:

AB710,187,9 66.0821 (2) (title) General authority.

AB710, s. 244 Section 244. 66.0821 (3) (title) of the statutes is created to read:

AB710,187,11 66.0821 (3) (title) Funding.

AB710, s. 245 Section 245 . 66.0821 (3) (a) of the statutes is created to read:

AB710,187,17 66.0821 (3) (a) Except as provided in s. 66.0721, all or a portion of the cost of exercising the authority under sub. (2) may be funded, to the extent applicable, from the municipality's general fund, by taxation, special assessment or sewerage service charges, by municipal obligations or revenue bonds or from any combination of these sources.

Note: Restates language deleted from current s. 66.076 (1) by Section 216 .

AB710, s. 246 Section 246. 66.0821 (4) (title) of the statutes is created to read:

AB710,187,19 66.0821 (4) (title) Service charges.

AB710, s. 247 Section 247. 66.0821 (5) (title) of the statutes is created to read:

AB710,187,21 66.0821 (5) (title) Unreasonable or discriminatory rates, rules and practices.

AB710, s. 248 Section 248. 66.0821 (6) (title) of the statutes is created to read:

AB710,187,23 66.0821 (6) (title) Foreclosure sale.

AB710, s. 249 Section 249. 66.0821 (7) (title) of the statutes is created to read:

AB710,188,1 66.0821 (7) (title) Relation to other authority.

AB710, s. 250 Section 250. 66.083 (title) of the statutes is renumbered 66.0423 (title).

AB710, s. 251 Section 251 . 66.083 of the statutes is renumbered 66.0423 (2) and amended to read:

AB710,188,8 66.0423 (2) Cities and villages, and towns not subject to an ordinance enacted under s. 59.55 (4), may, by ordinance, regulate the retail sales, other than auction sales, made by transient merchants, as defined in s. 130.065 (1m), 1987 stats., and provide 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 Section 252. 66.085 (title) and (1) of the statutes are renumbered 66.0421 (title) and (1), and 66.0421 (1) (a) and (b), as renumbered, are amended to read:

AB710,188,12 66.0421 (1) (a) "Cable operator" has the meaning given in s. 66.082 66.0419 (2) (b).

AB710,188,13 (b) "Cable service" has the meaning given in s. 66.082 66.0419 (2) (c).

AB710, s. 253 Section 253. 66.085 (2) of the statutes, as affected by 1999 Wisconsin Act 9, is renumbered 66.0421 (2).

AB710, s. 254 Section 254. 66.085 (3) and (4) of the statutes are renumbered 66.0421 (3) and (4), and 66.0421 (4), as renumbered, is amended to read:

AB710,188,20 66.0421 (4) Repair responsibility. A cable operator shall be is responsible for any repairs to a building required because of the construction, installation, disconnection or servicing of facilities to provide cable service.

AB710, s. 255 Section 255. 66.09 (title), (1), (2), (3) and (4) of the statutes are renumbered 66.0117 (title) and (2) to (5) and amended to read:

AB710,189,2 66.0117 (title) Judgment against municipalities, etc. local governmental units.

AB710,189,14 (2) (a) When If a final judgment for the payment of money shall be is recovered against a town, village, city, county, school district, technical college district, town sanitary district, public inland lake protection and rehabilitation district or community center local governmental unit, or against any an officer thereof, in any action by or against the officer in the officer's name of office of the local governmental unit, when the judgment should is to be paid by such municipality the local governmental unit, the judgment creditor, or the judgment creditor's assignee or attorney, may file a statement with the clerk of circuit court a certified transcript of the judgment, together with the judgment creditor's affidavit of payments made, if any, and the amount due and that the judgment has not been appealed from or removed to another court, or if so appealed or removed has been affirmed . The clerk of circuit court shall send a copy of the statement to the appropriate municipal clerk.

AB710,189,22 (b) The If a statement is filed under par. (a), the amount due, with costs and interest to the time when the money will be available for payment, shall be added to the next tax levy, and shall, when received, be paid to satisfy the judgment. If the judgment is appealed after filing the transcript with the clerk of circuit court, and before the tax is collected, the money shall not be collected on that levy. If the municipal clerk of circuit court fails to include the proper amount in the first tax levy, he or she shall include it or such the portion as is required to complete it in the next levy.

AB710,190,2 (3) In the case of school districts, town sanitary districts, or public inland lake protection and rehabilitation districts or community centers, transcript and affidavit a statement shall be filed with the clerk of the town, village or city in which the district or any part of it lies, and levy shall be made against the taxable property of the district or center.

AB710,190,6 (4) No process for the collection of such a judgment shall issue until after the time when the money, if collected upon the first tax levy as herein provided, would be under sub. (2) (b), is available for payment, and then only by leave of court upon motion.

AB710,190,10 (5) If by reason of dissolution or other cause, pending action, or after judgment, the transcript a statement cannot be filed with the clerk therein designated described in sub. (2) (a) or (3), it shall be filed with the clerk or clerks whose duty it is to make up the tax roll for the property liable.

AB710, s. 256 Section 256. Subchapter IX (title) of chapter 66 [precedes 66.0901] of the statutes is created to read:

AB710,190,13 Chapter 66

AB710,190,15 Subchapter IX public works and projects

AB710, s. 257 Section 257. 66.0901 (1) (intro.) of the statutes is created to read:

AB710,190,17 66.0901 (1) (intro.) In this section:

AB710, s. 258 Section 258 . 66.0901 (9) (a) of the statutes is created to read:

AB710,190,20 66.0901 (9) (a) Notwithstanding sub. (1) (a), in this subsection, "municipality" does not include the department of transportation.

AB710, s. 259 Section 259. 66.091 of the statutes is renumbered 893.81.

AB710, s. 260 Section 260 . 66.092 of the statutes is renumbered 66.0409.

AB710, s. 261 Section 261 . 66.0923 (5) of the statutes is created to read:

AB710,191,3 66.0923 (5) Auditorium board. (a) The ordinance shall provide for the establishment of a joint county-city auditorium board to be composed of all of the following:

AB710,191,6 1. The mayor or chief executive of the city, and the chairperson of the county board, who shall serve as members of the board during their respective terms of office.

AB710,191,8 2. Four members to be appointed by the county board chairperson and confirmed by the county board.

AB710,191,10 3. Four members to be appointed by the mayor or other chief executive officer of the city and confirmed by the city council.

AB710,191,18 (b) Under par. (a) 2. and 3., the initial term of one member shall be one year, the initial term of one member shall be 2 years, the initial term of one member shall be 3 years and the initial term of one member shall be 4 years. The respective successors of the members under par. (a) 2. and 3. shall be appointed and confirmed for terms of 4 years. All appointees shall serve until their successors are appointed and qualified. Terms shall begin as specified in the ordinance. Vacancies shall be filled for the unexpired term in the manner in which the original appointment was made.

AB710,191,20 (c) The mayor or chief executive of the city, and the county board chairperson, each may appoint not more than 2 public officials to the board under par. (a).

AB710, s. 262 Section 262. 66.0927 (1) (am) of the statutes is created to read:

AB710,191,22 66.0927 (1) (am) "Hospital" means a general county-city hospital.

AB710, s. 263 Section 263. 66.10 of the statutes is repealed.

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 Section 264. Subchapter X (title) of chapter 66 [precedes 66.1001] of the statutes is created to read:

AB710,192,3 chapter 66

AB710,192,6 subchapter x planning, housing and transportation

AB710, s. 265 Section 265. 66.1003 (1) of the statutes is created to read:

AB710,192,9 66.1003 (1) In this section, "public way" means all or any part of a road, street, slip, pier, lane or paved alley.

AB710, s. 266 Section 266. 66.1019 (title) of the statutes is created to read:

AB710,192,11 66.1019 (title) Housing codes to conform to state law.

AB710, s. 267 Section 267. 66.11 of the statutes is renumbered 66.0501, and 66.0501 (1), (2) and (3), as renumbered, are amended to read:

AB710,192,18 66.0501 (1) Deputy sheriffs and municipal police. No person shall may be appointed deputy sheriff of any county or police officer for any city, village or town unless that person is a citizen of the United States. This section shall does not affect apply to common carriers, nor apply or to a deputy sheriff not required to take an oath of office.

AB710,193,10 (2) Eligibility of other officers. Except as expressly authorized by statute, no member of a town, village or county board, or city council, shall, during the term for which the member is elected, be is eligible for any office or position which during such that term has been created by, or the selection to which is vested in, such the board or council, but such the member shall be is eligible for any elective office. The governing body may be represented on city, village or town boards and commissions where no additional remuneration compensation, except a per diem, is paid such to the representatives of the governing body and may fix the tenure of such these representatives notwithstanding any other statutory provision. A representative of a governing body who is a member of a city, village or town board or commission may receive a per diem only if the remaining members of the board or commission may receive a per diem. This subsection shall does not apply to a member of any such board or council described in this subsection who resigns from said the board or council before being appointed to an office or position which was not created during the member's term in office.

AB710,193,16 (3) Appointments on consolidation of offices. Whenever offices are consolidated, the occupants of which are members of the same statutory committee or board and which are serving in that office because of holding another office or position, the common council or village board may designate another officer or officers or make such any additional appointments as may be necessary to procure the 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 Section 268. Subchapter XI (title) of chapter 66 [precedes 66.1101] of the statutes is created to read:

AB710,193,19 chapter 66

AB710,193,21 subchapter xi development

AB710, s. 269 Section 269. 66.111 of the statutes is repealed.

Note: Repeals s. 66.111, relating to allowing the same fee to other officers when a fee is allowed to one officer for the performance of the same services. This provision is not necessary because fees generally are no longer part of the salary structure for municipal officers.

AB710, s. 270 Section 270 . 66.113 of the statutes is renumbered 66.0515 and amended to read:

AB710,194,8 66.0515 Receipts for fees. Every officer or employe upon receiving fees for any official duty or service shall, if required requested to do so by the person paying the same fees, deliver to the that person paying a particular receipted account of such a receipt for the fees, specifying for what they which account each portion of the fees respectively accrued; and if the officer fails to do so the officer shall be liable to the party paying the same for 3 times the amount paid.

Note: Renumbers and amends s. 66.113 to provide that a municipal employe, as well as an officer, must supply a receipt for any fee received when requested to do so by the person paying the fee. The penalty for failure to supply a receipt is eliminated; violations may be prosecuted under s. 946.12, relating to misconduct in public office.

AB710, s. 271 Section 271. 66.114 of the statutes is renumbered 66.0111, and 66.0111 (title), (1), (2) and (4), as renumbered, are amended to read:

AB710,194,18 66.0111 (title) Bail Bond or cash deposit under municipal ordinances. (1) When any If a person is arrested for the violation of a city, village or town ordinance and the action is to be in circuit court, the chief of police or police officer designated by the chief, marshal or clerk of court may accept from the person a bond, in an amount not to exceed the maximum penalty for the violation, with sufficient sureties, or the person's personal bond upon depositing the amount thereof in money a cash deposit, for appearance in the court having jurisdiction of the offense. A receipt shall be issued therefor for the bond or cash deposit.

AB710,195,6 (2) (a) If the person so arrested and released fails to appear, personally or by an authorized attorney or agent, before the court at the time fixed for hearing of the case, then the bond and money deposited, or such portion thereof as an amount that the court may determine determines to be an adequate penalty, plus costs, including any applicable fees prescribed in ch. 814, may be declared forfeited by the court or may be ordered applied upon to the payment of any penalty which may be is imposed after an ex parte hearing, together with the costs. In either event, the any surplus , if any, shall be refunded to the person who made the deposit.

AB710,195,10 (b) The provisions of this This subsection shall does not apply to violations of parking ordinances. Bond or bail cash deposit given for appearance to answer a charge under any such parking ordinance may be forfeited in the manner determined by the governing body.

AB710,195,11 (4) This section shall does not apply to ordinances enacted under ch. 349.

Note: Reference to "bail" is deleted and replaced by reference to "cash deposit". This is consistent with other statutes dealing with municipal ordinances, which generally do not use the term "bail", but rather refer to "cash deposit" or a variation of that term.

AB710, s. 272 Section 272. 66.115 of the statutes is renumbered 66.0109 and amended to read:

AB710,195,17 66.0109 Penalties under county and municipal ordinances. Where If a statute requires that the penalty under any county or municipal ordinance shall conform to the penalty provided by statute such the ordinance may impose only a forfeiture and may provide for imprisonment in case if the forfeiture is not paid.

AB710, s. 273 Section 273. 66.117 of the statutes is renumbered 66.0115.

AB710, s. 274 Section 274. 66.119 (title) and (1) (title), (a) and (b) (intro.) and 1. to 6. of the statutes are renumbered 66.0113 (title) and (1) (title), (a) and (b) (intro.) and 1. to 6., and 66.0113 (1) (a) (intro.) and (b) 5., as renumbered, are amended to read:

AB710,196,3 66.0113 (1) (a) (intro.) The Except as provided in sub. (5), the governing body of any a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district may by ordinance adopt and authorize the use of a citation under this section to be issued for violations of ordinances, including ordinances for which a statutory counterpart exists.