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:
AB710,193,1919
chapter 66
AB710,193,2120
subchapter xi
21
development
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
1Section
270
. 66.113 of the statutes is renumbered 66.0515 and amended to
2read:
AB710,194,8
366.0515 Receipts for fees. Every officer
or employe upon receiving fees
for
4any official duty or service shall, if
required
requested to do so by the person paying
5the
same fees, deliver to
the that person
paying a particular receipted account of such 6a receipt for the fees, specifying for
what they which account each portion of the fees 7respectively accrued
; and if the officer fails to do so the officer shall be liable to the
8party 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
9Section
271. 66.114 of the statutes is renumbered 66.0111, and 66.0111 (title),
10(1), (2) and (4), as renumbered, are amended to read:
AB710,194,18
1166.0111 (title)
Bail Bond or cash deposit under municipal ordinances. 12(1) When any If a person is arrested for the violation of a city, village or town
13ordinance and the action is to be in circuit court, the chief of police or police officer
14designated by the chief, marshal or clerk of court may accept from the person a bond,
15in an amount not to exceed the maximum penalty for the violation, with sufficient
16sureties, or
the person's personal bond upon depositing the amount thereof in money 17a cash deposit, for appearance in the court having jurisdiction of the offense. A
18receipt shall be issued
therefor for the bond or cash deposit.
AB710,195,6
19(2) (a) If the person
so arrested and released fails to appear, personally or by
20an authorized attorney or agent, before the court at the time fixed for hearing
of the
1case,
then the bond and money deposited, or
such portion thereof as an amount that 2the court
may determine determines to be an adequate penalty, plus costs, including
3any applicable fees prescribed in ch. 814, may be declared forfeited by the court or
4may be ordered applied
upon to the payment of any penalty which
may be is imposed
5after an ex parte hearing
, together with the costs. In either event,
the any surplus
,
6if any, shall be refunded to the person who made the deposit.
AB710,195,107
(b)
The provisions of this This subsection
shall does not apply to violations of
8parking ordinances. Bond or
bail cash deposit given for appearance to answer a
9charge under any
such parking ordinance may be forfeited in the manner determined
10by the governing body.
AB710,195,11
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
12Section
272. 66.115 of the statutes is renumbered 66.0109 and amended to
13read:
AB710,195,17
1466.0109 Penalties under county and municipal ordinances. Where If a
15statute requires that the penalty under any county or municipal ordinance
shall 16conform to the penalty provided by statute
such the ordinance may impose only a
17forfeiture and may provide for imprisonment
in case
if the forfeiture is not paid.
AB710, s. 273
18Section
273. 66.117 of the statutes is renumbered 66.0115.
AB710, s. 274
19Section
274. 66.119 (title) and (1) (title), (a) and (b) (intro.) and 1. to 6. of the
20statutes are renumbered 66.0113 (title) and (1) (title), (a) and (b) (intro.) and 1. to 6.,
21and 66.0113 (1) (a) (intro.) and (b) 5., as renumbered, are amended to read:
AB710,196,322
66.0113
(1) (a) (intro.)
The Except as provided in sub. (5), the governing body
23of
any a county, town, city, village, town sanitary district or public inland lake
1protection and rehabilitation district may by ordinance adopt and authorize the use
2of a citation
under this section to be issued for violations of ordinances, including
3ordinances for which a statutory counterpart exists.
AB710,196,54
(b) 5. A designation of the offense in
such a manner
as that can be readily
5understood by a person making a reasonable effort to do so.
AB710, s. 275
6Section
275. 66.119 (1) (b) 7. to 9. and (c), (2) and (3) (title) of the statutes, as
7affected by
1999 Wisconsin Act 9, are renumbered 66.0113 (1) (b) 7. to 9. and (c), (2)
8and (3) (title).
AB710, s. 276
9Section
276. 66.119 (3) (a) to (d) of the statutes, as affected by
1999 Wisconsin
10Act 9, are renumbered 66.0113 (3) (a) to (d), and 66.0113 (3) (a), (c) and (d), as
11renumbered, are amended to read: