AB710,223,1310 66.0901 (1) (c) The term "public "Public contract" shall mean and include any
11means a contract for the construction, execution, repair, remodeling, or improvement
12of any a public work, or building, or for the furnishing of supplies, or material of any
13kind whatsoever, proposals for which are required to be advertised for by law.
AB710,223,1814 (d) "Subcontractor" means a person whose relationship to the principal
15contractor is substantially the same as to a part of the work as the latter's
16relationship is to the proprietor. A "subcontractor" takes a distinct part of the work
17in such a way that the "subcontractor" does not contemplate doing merely personal
18service.
AB710,224,20 19(2) Bidder's proof of responsibility. Every A municipality, board or public
20body upon all contracts subject to this section
intending to enter into a public contract
21may, before delivering any form for bid proposals, plans and specifications pertaining
22thereto
to any person, excepting except materialmen, suppliers and others not
23intending to submit a direct bid, require such the person to submit a full and
24complete statement sworn to before an officer authorized by law to administer oaths,
25of
. The statement shall consist of information relating to financial ability,

1equipment, experience in the work prescribed in said the public contract, and of such
2other matters as that the municipality, board, public body or officer thereof may
3require
requires for the protection and welfare of the public in the performance of any
4a public contract; such. The statement shall be in writing on a standard form of a
5questionnaire as that is adopted for such use and furnished by the municipality ,
6board or public body or officer thereof, to be furnished by such municipality, board,
7public body or officer thereof. Such
. The statement shall be filed in the manner and
8place designated by the municipality, board, public body or such officer thereof. Such
9statements
. The statement shall not be received less than 5 days prior to the time
10set for opening of bids. The contents of said statements the statement shall be
11confidential and shall may not be disclosed except upon the written order of such the
12person furnishing the same, or statement, for necessary use by the public body in
13qualifying such the person, or in cases of action against, or by such, the person or
14municipality. The governing body of the municipality or such the committee, board
15or employe as is charged with, or delegated by the governing body with, the duty of
16receiving bids and awarding contracts or to whom the governing body has delegated
17the power
shall properly evaluate the sworn statements filed relative to financial
18ability, equipment and experience in the work prescribed
statement and shall find
19the maker of such the statement either qualified or unqualified. This subsection
20shall does not apply to cities of the first a 1st class city.
AB710,225,3 21(3) Proof of responsibility, condition precedent. No bid shall be received
22from any person who has not submitted the sworn statement as provided in sub. (2),
23provided that any prospective bidder who has once qualified to the satisfaction of the
24municipality, committee, board, public body or officer employe, and who wishes to
25become a bidder upon subsequent public contracts under the same jurisdiction of the

1same, to whose satisfaction the prospective bidder has qualified under sub. (2)
, need
2not separately qualify on each public contract unless required so to do by the said
3municipality, committee, board, public body or officers employe.
AB710,225,8 4(4) Rejection of bids. Whenever If the municipality, committee, board, public
5body
or officer employe is not satisfied with the sufficiency of the answer contained
6in the questionnaire and financial statement, it provided under sub. (2), the
7municipality, committee, board or employe
may reject said bid, or disregard the same
8bid.
AB710,226,5 9(5) Corrections of errors in bids. Whenever any If a person shall submit
10submits a bid or proposal for the performance of public work under any public
11contract to be let by the a municipality, board, public body or officer thereof, who shall
12claim
and the bidder claims that a mistake, omission or error has been made in
13preparing the bid, the bidder shall, before the bids are opened, make known the fact
14that an error, omission or mistake has been made, and in that case. If the bidder
15makes this fact known,
the bid shall be returned to the bidder unopened and the
16bidder shall may not be entitled to bid upon the public contract at hand unless the
17same
it is readvertised and relet upon the readvertisement. In case any If a bidder
18shall make makes an error or, omission or mistake and shall discover the same
19discovers it after the bids are opened, the bidder shall immediately and without delay
20give written notice and make known the fact of the mistake, omission or error which
21has been committed and submit to the municipality, board, public body or officers
22thereof,
clear and satisfactory evidence of the mistake, omission or error and that the
23same
it was not caused by any careless act or omission on the bidder's part in the
24exercise of ordinary care in examining the plans, or specifications and in conforming
25with the provisions of this section, and in case of. If the discovery and notice of a

1mistake, omission or error causes a
forfeiture, shall the bidder may not be entitled
2to
recover the moneys or certified check forfeited as liquidated damages unless it
3shall be is proven before a court of competent jurisdiction in an action brought for the
4recovery of the amount forfeited, that in making the mistake, error or omission the
5bidder was free from carelessness, negligence or inexcusable neglect.
AB710,226,18 6(6) Separation of contracts; classification of contractors. On those In
7public contracts calling for the construction, repair, remodeling or improvement of
8any a public building or structure, other than highway structures and facilities, the
9a municipality may bid projects based on a single or multiple division of the work.
10Contracts Public contracts shall be awarded according to the division of work
11selected for bidding. The municipality may set out in any public contract reasonable
12and lawful conditions as to the hours of labor, wages, residence, character and
13classification of workmen workers to be employed by any contractor, and to classify
14such contractors as to their financial responsibility, competency and ability to
15perform work and to set up a classified list of contractors pursuant thereto; and such.
16The
municipality may also reject the bid of any person, if such the person has not
17been classified pursuant to the said questionnaire for the kind or amount of work in
18said the bid.
AB710,227,11 19(7) Bidder's certificate. On all contracts When bidding on a public contract,
20the bidder shall incorporate and make a part of the bidder's proposal for the doing
21of any work or labor or the furnishing of any material in or about any public work
22or contract of the municipality a sworn statement by the bidder, or if not an
23individual by one authorized, that the bidder or authorized person so swearing has
24examined and carefully prepared the proposal from the plans and specifications and
25has checked the same in detail before submitting the proposal or bid to the

1municipality, board, department or officer charged with the letting of bids and also
2at the same time as
. As a part of the proposal, the bidder also shall submit a list of
3the subcontractors the bidder proposes to contract with, and the class of work to be
4performed by each, provided that. In order to qualify for inclusion in the bidder's list
5a subcontractor must shall first submit a bid in writing, to the general contractor at
6least 48 hours prior to the time of the bid closing, which list shall. The list may not
7be added to nor or altered without the written consent of the municipality. A proposal
8of a bidder shall is not be invalid if any subcontractor and the class of work to be
9performed by the subcontractor has been omitted from a proposal; such the omission
10shall be considered as inadvertent, or that the bidder will perform the work
11personally.
AB710,227,19 12(8) Settlement of disputes; defaults. Whenever there is a dispute between
13the a contractor or surety or the municipality as to the determination whether there
14is a compliance with the provisions of the a public contract as to the hours of labor,
15wages, residence, character, and classification of workmen workers employed by any
16the contractor, the determination of the municipality shall be is final, and in case of
17violation of said
. If a violation of these provisions occurs, the municipality may
18declare the contract in default and request the surety to perform or relet upon
19advertisement the remaining portion of the public contract.
AB710, s. 332 20Section 332. 66.29 (9) (title) of the statutes is renumbered 66.0901 (9) (title).
AB710, s. 333 21Section 333. 66.29 (9) (a) of the statutes is repealed.
Note: Repeals the separate definition of "municipality". The definition is
restated in Section 258 of this bill.
AB710, s. 334 22Section 334. 66.29 (9) (b) of the statutes is renumbered 66.0901 (9) (b) and
23amended to read:
AB710,229,3
166.0901 (9) (b) Retained percentages. As the work progresses under any a
2contract involving $1,000 or more for the construction, execution, repair, remodeling
3or improvement of any a public work or building or for the furnishing of any supplies
4or materials, regardless of whether or not proposals for which the contract are
5required to be advertised by law, the municipality, from time to time, shall grant to
6the contractor an estimate of the amount and proportionate value of the work done,
7which shall entitle entitles the contractor to receive the amount thereof of the
8estimate
, less the retainage, from the proper fund. On all such contracts, the The
9retainage shall be an amount equal to 10% of said the estimate until 50% of the work
10has been completed. At 50% completion, further partial payments shall be made in
11full to the contractor and no additional amounts may be retained unless the architect
12or engineer certifies that the job is not proceeding satisfactorily, but amounts
13previously retained shall not be paid to the contractor. At 50% completion or any time
14thereafter after 50% completion when the progress of the work is not satisfactory,
15additional amounts may be retained but in no event shall the total retainage may not
16be more than 10% of the value of the work completed. Upon substantial completion
17of the work, an amount retained may be paid to the contractor. When the work has
18been substantially completed except for work which cannot be completed because of
19weather conditions, lack of materials or other reasons which in the judgment of the
20municipality are valid reasons for noncompletion, the municipality may make
21additional payments, retaining at all times an amount sufficient to cover the
22estimated cost of the work still to be completed or in the alternative may pay out the
23entire amount retained and receive from the contractor guarantees in the form of a
24bond or other collateral sufficient to ensure completion of the job. For the purposes
25of this section, estimates may include any fabricated or manufactured materials and

1components specified, previously paid for by the contractor and delivered to the work
2or properly stored and suitable for incorporation in the work embraced in the
3contract.
AB710, s. 335 4Section 335 . 66.293 of the statutes is renumbered 66.0903, and 66.0903 (title),
5(1) (g), (3) (am) and (bm), (9), (10) (a) and (b), (11) (a) and (b) 1. to 5. and (12) (a) and
6(d), as renumbered, are amended to read:
AB710,229,8 766.0903 (title) Contractor's failure to comply with municipal Municipal
8prevailing
wage and hour scale scales.
AB710,229,15 9(1) (g) 1. "Prevailing Except as provided in subd. 2., "prevailing wage rate" for
10any trade or occupation engaged in the erection, construction, remodeling, repairing
11or demolition of any project of public works in any area means the hourly basic rate
12of pay, plus the hourly contribution for health insurance benefits, vacation benefits,
13pension benefits and any other bona fide economic benefit, paid directly or indirectly,
14for a majority of the hours worked in the trade or occupation on projects in the area,
15or if
.
AB710,229,25 162. If there is no rate at which a majority of the hours worked in the trade or
17occupation on projects in the area is paid, then the "prevailing wage rate" for any
18trade or occupation engaged in the erection, construction, remodeling, repairing or
19demolition of any project of public works in any area shall be means the average
20hourly basic rate of pay, weighted by the number of hours worked, plus the average
21hourly contribution, weighted by the number of hours worked, for health insurance
22benefits, vacation benefits, pension benefits and any other bona fide economic
23benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay
24of the highest-paid 51% of hours worked in that trade or occupation on projects in
25that area.
AB710,230,14
1(3) (am) Every A local governmental unit, before making a contract by direct
2negotiation or soliciting bids on a contract, for the erection, construction, remodeling,
3repairing or demolition of any project of public works, including a highway, street or
4bridge construction project, shall apply to the department to determine the
5prevailing wage rate and prevailing hours of labor for each trade or occupation
6required in the work contemplated. The department shall make such investigations
7and hold such public hearings as may be necessary to define the trades or occupations
8that are commonly employed on projects that are subject to this section and to inform
9itself as to the prevailing wage rates and prevailing hours of labor in all areas of the
10state for those trades or occupations, with a view to ascertaining the prevailing wage
11rate and prevailing hours of labor for each such trade or occupation. The department
12shall issue its determination within 30 days after receiving the request and shall file
13the same determination with the requesting local governmental unit applying
14therefor
.
AB710,230,2415 (bm) Any person may request a recalculation of any portion of a determination
16within 30 days after the initial determination date if the person submits evidence
17with the request showing that the prevailing wage rate or prevailing hours of labor
18for any given trade or occupation included in the initial determination does not
19represent the prevailing wage rate or prevailing hours of labor for that trade or
20occupation in the area. Such The evidence shall include wage rate and hours of labor
21information for work performed in the contested trade or occupation in the area
22within the previous 12 months. The department shall affirm or modify the initial
23determination within 15 days after the date on which the department receives the
24request for recalculation.
AB710,231,9
1(9) Compliance. (a) When the department finds that a local governmental unit
2has not requested a determination under sub. (3) (am) or that a local governmental
3unit, contractor or subcontractor has not physically incorporated a determination
4into a contract or subcontract as required under this section or has not notified a
5minor subcontractor of a determination in the manner prescribed by the department
6by rule promulgated under sub. (3) (dm), the department shall notify the local
7governmental unit, contractor or subcontractor of such the noncompliance and shall
8file the determination with the local governmental unit, contractor or subcontractor
9within 30 days after such the notice.
AB710,231,1410 (b) Upon completion of a project and before receiving final payment for his or
11her work on the project, each agent or subcontractor shall furnish the contractor with
12an affidavit stating that the agent or subcontractor has complied fully with the
13requirements of this section. A contractor may not authorize final payment until
14such an the affidavit is filed in proper form and order.
AB710,232,415 (c) Upon completion of a project and before receiving final payment for his or
16her work on the project, each contractor shall file with the local governmental unit
17authorizing the work an affidavit stating that the contractor has complied fully with
18the requirements of this section and that the contractor has received an affidavit
19under par. (b) from each of the contractor's agents and subcontractors. A local
20governmental unit may not authorize a final payment until such an the affidavit is
21filed in proper form and order. If a local governmental unit authorizes a final
22payment before such an affidavit is filed in proper form and order or if the
23department determines, based on the greater weight of the credible evidence, that
24any person specified in sub. (4) has been or may have been paid less than the
25prevailing wage rate or less than 1.5 times the hourly basic rate of pay for all hours

1worked in excess of the prevailing hours of labor and requests that the local
2governmental unit withhold all or part of the final payment, but the local
3governmental unit fails to do so, the local governmental unit is liable for all back
4wages payable up to the amount of that final payment.
AB710,232,9 5(10) (a) Each contractor, subcontractor or contractor's or subcontractor's agent
6thereof performing work on a project that is subject to this section shall keep full and
7accurate records clearly indicating the name and trade or occupation of every person
8described in sub. (4) and an accurate record of the number of hours worked by each
9of those persons and the actual wages paid therefor for the hours worked.
AB710,232,1810 (b) The department or the contracting local governmental unit may demand
11and examine, and it shall be the duty of every contractor, subcontractor and
12contractor's or subcontractor's agent thereof to shall keep, and furnish to upon
13request by
the department or local governmental unit, copies of payrolls and other
14records and information relating to the wages paid to persons described in sub. (4)
15for work to which this section applies. The department may inspect records in the
16manner provided in chs. 103 to 106. Every contractor, subcontractor or agent
17performing work on a project that is subject to this section is subject to the
18requirements of chs. 103 to 106 relating to the examination of records.
AB710,233,6 19(11) (a) Any contractor, subcontractor or contractor's or subcontractor's agent
20thereof, who fails to pay the prevailing wage rate determined by the department
21under sub. (3) or who pays less than 1.5 times the hourly basic rate of pay for all hours
22worked in excess of the prevailing hours of labor determined under sub. (3), shall be
23is liable to any affected employe in the amount of his or her unpaid wages or his or
24her unpaid overtime compensation and in an additional equal amount as liquidated
25damages. An action to recover the liability may be maintained in any court of

1competent jurisdiction by any employe for and in behalf of that employe and other
2employes similarly situated. No employe may be a party plaintiff to any such the
3action unless the employe consents in writing to become such a party and the consent
4is filed in the court in which the action is brought. Notwithstanding s. 814.04 (1), the
5court shall, in addition to any judgment awarded to the plaintiff, allow reasonable
6attorney fees and costs to be paid by the defendant.
AB710,233,107 (b) 1. Except as provided in subds. 2., 4. and 6., any contractor, subcontractor
8or contractor's or subcontractor's agent thereof who violates this section may be fined
9not more than $200 or imprisoned for not more than 6 months or both. Each day that
10any such violation continues shall be considered is a separate offense.
AB710,233,1811 2. Whoever induces any individual who seeks to be or is employed on any
12project that is subject to this section to give up, waive or return any part of the wages
13to which the individual is entitled under the contract governing such the project, or
14who reduces the hourly basic rate of pay normally paid to an employe for work on a
15project that is not subject to this section during a week in which the employe works
16both on a project that is subject to this section and on a project that is not subject to
17this section, by threat not to employ, by threat of dismissal from such employment
18or by any other means is guilty of an offense under s. 946.15 (1).
AB710,234,219 3. Any person employed on a project that is subject to this section who
20knowingly permits a contractor, subcontractor or contractor's or subcontractor's
21agent thereof to pay him or her less than the prevailing wage rate set forth in the
22contract governing such the project, who gives up, waives or returns any part of the
23compensation to which he or she is entitled under the contract, or who gives up,
24waives or returns any part of the compensation to which he or she is normally
25entitled for work on a project that is not subject to this section during a week in which

1the person works both on a project that is subject to this section and on a project that
2is not subject to this section, is guilty of an offense under s. 946.15 (2).
AB710,234,83 4. Whoever induces any individual who seeks to be or is employed on any
4project that is subject to this section to permit any part of the wages to which the
5individual is entitled under the contract governing such the project to be deducted
6from the individual's pay is guilty of an offense under s. 946.15 (3), unless the
7deduction would be permitted under 29 CFR 3.5 or 3.6 from an individual who is
8working on a project that is subject to 40 USC 276c.
AB710,234,139 5. Any person employed on a project that is subject to this section who
10knowingly permits any part of the wages to which he or she is entitled under the
11contract governing such the project to be deducted from his or her pay is guilty of an
12offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR
133.5
or 3.6 from a person who is working on a project that is subject to 40 USC 276c.
AB710,235,2 14(12) (a) Except as provided under pars. (b) and (c), the department shall notify
15any local governmental unit applying for a determination under sub. (3) and any
16local governmental unit exempted under sub. (6) of the names of all persons whom
17the department has found to have failed to pay the prevailing wage rate determined
18under sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of
19pay for all hours worked in excess of the prevailing hours of labor determined under
20sub. (3) at any time in the preceding 3 years. The department shall include with any
21such
each name the address of such the person and shall specify when such the
22person failed to pay the prevailing wage rate and when such the person paid less than
231.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing
24hours of labor. A local governmental unit may not award any contract to such the
25person unless otherwise recommended by the department or unless at least 3 years

1have elapsed from the date the department issued its findings or the date of final
2determination by a court of competent jurisdiction, whichever is later.
AB710,235,113 (d) Any person submitting a bid on a project that is subject to this section shall
4be required, on the date the person submits the bid, to identify any construction
5business in which the person, or a shareholder, officer or partner of the person, if the
6person is a business, owns, or has owned at least a 25% interest on the date the person
7submits the bid or at any other time within 3 years preceding the date the person
8submits the bid, if the business has been found to have failed to pay the prevailing
9wage rate determined under sub. (3) or to have paid less than 1.5 times the hourly
10basic rate of pay for all hours worked in excess of the prevailing hours of labor
11determined under sub. (3).
AB710, s. 336 12Section 336 . 66.295 of the statutes is repealed.
Note: Repealed as archaic. The section authorizes a city, village, town or
county which has received and utilized any benefits or improvements furnished
before March 1, 1973 under an unenforceable contract, entered into in good
faith and fully performed and accepted, to pay the fair and reasonable value of
the benefits and improvements. While this section was amended a number of
times after 1949 to extend the cutoff date, that date has not been changed since
ch. 97, laws of Wisconsin 1973, which changed the cutoff date from July 1, 1969
to March 1, 1973.
AB710, s. 337 13Section 337 . 66.296 (title) of the statutes is renumbered 66.1003 (title) and
14amended to read:
AB710,235,15 1566.1003 (title) Discontinuance of streets and alleys a public way.
AB710, s. 338 16Section 338. 66.296 (1) of the statutes is renumbered 66.1003 (2) and amended
17to read:
AB710,236,918 66.1003 (2) The whole or any part of any road, street, slip, pier, lane or paved
19alley, in any 2nd, 3rd or 4th class city or in any village or town, may be discontinued
20by the common council or village or town board
common council of any city, except
21a 1st class city, or a village or town board may discontinue all or part of a public way


1upon the written petition of the owners of all the frontage of the lots and lands
2abutting upon the portion thereof public way sought to be discontinued, and of the
3owners of more than one-third of the frontage of the lots and lands abutting on that
4portion of the remainder thereof of the public way which lies within 2,650 feet of the
5ends of the portion to be discontinued, or lies within so much of that 2,650 feet as shall
6be
is within the corporate limits of the city, village or town. The beginning and ending
7of an alley shall be considered to be within the block in which it is located. This
8subsection does not apply to a highway upon the line between 2 towns that is subject
9to s. 80.11.
AB710, s. 339 10Section 339. 66.296 (1m) of the statutes is renumbered 66.1003 (3) and
11amended to read:
AB710,236,2012 66.1003 (3) The whole or any part of any unpaved alley in any 2nd, 3rd or 4th
13class city or in any village or town may be discontinued by the common council or
14village or town board
common council of any city, except a 1st class city, or a village
15or town board may discontinue all or part of an unpaved alley
upon the written
16petition of the owners of more than 50% of the frontage of the lots and lands abutting
17upon the portion thereof of the unpaved alley sought to be discontinued. The
18beginning and ending of an unpaved alley shall be considered to be within the block
19in which it is located. This subsection does not apply to a highway upon the line
20between 2 towns that is subject to s. 80.11.
AB710, s. 340 21Section 340. 66.296 (2) of the statutes is renumbered 66.1003 (4), and 66.1003
22(4) (a) to (c), as renumbered, are amended to read:
AB710,237,423 66.1003 (4) (a) As an alternative Notwithstanding subs. (2) and (3),
24proceedings covered by this section may be initiated by the common council or village
25or town board by the introduction of a resolution declaring that since the public

1interest requires it, the whole or any part of any road, street, slip, pier, lane or alley
2in the city, village or town is thereby
a public way or an unpaved alley is vacated and
3discontinued. No discontinuance of a public way under this subsection may result
4in a landlocked parcel of property.
AB710,237,145 (b) A hearing on the passage of such a resolution under par. (a) shall be set by
6the common council or village or town board on a date which shall not be less than
740 days thereafter after the date on which the resolution is introduced. Notice of the
8hearing shall be given as provided in sub. (5) (8), except that in addition notice of such
9the hearing shall be served on the owners of all of the frontage of the lots and lands
10abutting upon the portion thereof public way or unpaved alley sought to be
11discontinued in a manner provided for the service of summons in circuit court at least
1230 days before such the hearing. When such service cannot be made within the city,
13village or town, a copy of the notice shall be mailed to the owner's last-known address
14at least 30 days before the hearing.
AB710,238,415 (c) No Except as provided in this paragraph, no discontinuance of the whole or
16any part of any road, street, slip, pier, lane or paved alley shall a public way may be
17ordered under this subsection if a written objection to the proposed discontinuance
18is filed with the city, village or town clerk by any of the owners abutting on the portion
19public way sought to be discontinued or by the owners of more than one-third of the
20frontage of the lots and lands abutting on that portion of the remainder thereof of the
21public way
which lies within 2,650 feet from the ends of the portion public way
22proposed to be discontinued; or which lies within so much of said that portion of the
232,650 feet as shall be that is within the corporate limits of the city, village or town.
24If a written objection is filed, the discontinuance may be ordered only by the favorable
25vote of two-thirds of the members of the common council or village or town board

1voting on the proposed discontinuance. An owner of property abutting on a
2discontinued public way whose property is damaged by the discontinuance may
3recover damages as provided in ch. 32.
The beginning and ending of an alley shall
4be considered to be within the block in which it is located.
Note: Amends sub. (4) (a) by prohibiting discontinuance of a public way under
the subsection that results in a landlocked parcel.
Amends sub. (4) (c). The current provision states that a discontinuance may not
be ordered if a written objection is filed by any owner abutting the property to
be discontinued or filed by the owners of more than one-third of the frontage of
the lots and lands abutting the property to be discontinued which lies within
2,650 feet from the ends of the property, or which lies within 2,650 feet of the
municipal limits. The provision is amended as follows:
1. If a written objection is filed, either by an abutting owner or an appropriate
number of those other owners affected by the discontinuance, the
discontinuance may be ordered only by the favorable vote of two-thirds of the
members of the common council or village or town board voting on the proposed
discontinuance.
2. It is expressly stated that an owner of property abutting on a discontinued
public way whose property is damaged by the discontinuance may recover
damages as provided in ch. 32.
AB710, s. 341 5Section 341. 66.296 (2m) of the statutes is renumbered 66.1003 (5).
AB710, s. 342 6Section 342 . 66.296 (3), (4) and (5) of the statutes are renumbered 66.1003 (6),
7(7) and (8) and amended to read:
AB710,238,168 66.1003 (6) Whenever any of the lots or lands subject to this section is owned
9by the state, county, city, village or town, or by a minor or incompetent person, or the
10title thereof to the lots or lands is held in trust, as to all lots and lands so owned or
11held,
petitions for discontinuance or objections to discontinuance may be signed by
12the governor, chairperson of the board of supervisors of the county, mayor of the city,
13president of the village, chairperson of the town board, guardian of the minor or
14incompetent person, or the trustee, respectively, and the signature of any private
15corporation may be made by its president, secretary or other principal officer or
16managing agent.
AB710,239,6
1(7) The city council or village or town board may by resolution discontinue any
2alley or any portion thereof of an alley which has been abandoned, at any time after
3the expiration of 5 years from the date of the recording of the plat by which it was
4dedicated. Failure or neglect to work or use any alley or any portion thereof of an
5alley
for a period of 5 years next preceding the date of notice provided for in sub. (5)
6(8) shall be considered an abandonment for the purpose of this section.
AB710,239,10 7(8) Notice stating when and where the petition or resolution under this section
8will be acted upon and stating what road, street, slip, pier, lane or alley, or part
9thereof,
public way or unpaved alley is proposed to be discontinued, shall be
10published as a class 3 notice, under ch. 985.
AB710, s. 343 11Section 343. 66.296 (6) of the statutes is renumbered 66.1003 (9).
AB710, s. 344 12Section 344. 66.297 of the statutes is renumbered 62.73 and amended to read:
AB710,239,22 1362.73 Discontinuance of public grounds. (1) In every city of the 1st class,
14the
The common council of a 1st class city may vacate in whole or in part such
15highways, streets, alleys, grounds, waterways, public walks and other public
16grounds within the corporate limits of the city as in its opinion that it determines the
17public interest requires to be vacated or are of no public utility, subject to s. 80.32 (4).
18Such proceedings Proceedings under this section shall be commenced either by a
19petition presented to the common council signed by the owners of all property which
20abuts upon the portion of the public facilities proposed to be vacated, or by a
21resolution adopted by the common council. The requirements of s. 840.11 shall apply
22to proceedings under this section.
AB710,240,3 23(2) All petitions or resolutions shall be referred to a committee of the common
24council for a public hearing on such the proposed discontinuance and at least 7 days
25shall elapse between the date of the last service and the date of such the hearing.

1A notice of such hearing shall be served on the owners of record of all property which
2abuts upon the portion of the public facilities proposed to be vacated, in the manner
3provided for service of a summons.
AB710,240,8 4(3) If the common council initiates a discontinuance proceeding by resolution
5without a petition signed by all of the owners of the property which abuts the public
6facility proposed to be discontinued, any owner of property abutting such the public
7facility whose property is damaged thereby by the discontinuance may recover such
8damages as provided in ch. 32.
AB710,240,10 9(4) The common council may also order that an assessment of benefits be made
10and when so ordered the assessment shall be made as provided in s. 66.60 66.0703.
AB710, s. 345 11Section 345. 66.298 of the statutes is renumbered 66.0905 and amended to
12read:
AB710,240,22 1366.0905 Pedestrian malls. After referring the matter to the plan commission
14for report under s. 62.23 (5), or the town zoning committee under s. 60.61 (4), and
15after holding a public hearing on the matter with publication of a Class 1 notice of
16the hearing, the governing body of any city or village, or any town board acting under
17s. 60.61 or 60.62, may by ordinance designate any street, road or public way or any
18part thereof of a street, road or public way wholly within its jurisdiction as a
19pedestrian mall and prohibit or limit the use thereof by vehicular traffic in the
20pedestrian mall
. Creation of such a pedestrian malls shall mall under this section
21does
not constitute a discontinuance or vacation of such the street, road or public way
22under s. 66.296 66.1003 or 236.43.
AB710, s. 346 23Section 346. 66.299 (title) and (1) of the statutes are renumbered 66.0131
24(title) and (1), and 66.0131 (1) (a), as renumbered, is amended to read:
AB710,241,4
166.0131 (1) (a) "Local governmental unit" means a political subdivision of this
2state, a special purpose district in this state, an agency or corporation of such a
3political subdivision or special purpose district, or a combination or subunit of any
4of the foregoing.
AB710, s. 347 5Section 347. 66.299 (2) to (5) of the statutes, as affected by 1999 Wisconsin Act
69
, are renumbered 66.0131 (2) to (5).
AB710, s. 348 7Section 348 . 66.30 (title) and (1) of the statutes, as affected by 1999 Wisconsin
8Act 9
, are renumbered 66.0301 (title) and (1).
AB710, s. 349 9Section 349. 66.30 (2) of the statutes is renumbered 66.0301 (2) and amended
10to read:
AB710,241,2111 66.0301 (2) In addition to the provisions of any other statutes specifically
12authorizing cooperation between municipalities, unless such those statutes
13specifically exclude action under this section, any municipality may contract with
14other municipalities and with federally recognized Indian tribes and bands in this
15state, for the receipt or furnishing of services or the joint exercise of any power or duty
16required or authorized by law. If municipal or tribal parties to a contract have
17varying powers or duties under the law, each may act under the contract to the extent
18of its lawful powers and duties. A contract under this subsection may bind the
19contracting parties for the length of time specified in the contract.
This section shall
20be interpreted liberally in favor of cooperative action between municipalities and
21between municipalities and Indian tribes and bands in this state.
Note: The underscored sentence restates s. 66.30 (4), which is repealed by
Section 354 of this bill.
AB710, s. 350 22Section 350 . 66.30 (2g) of the statutes is renumbered 66.0311 (2) and amended
23to read:
AB710,242,3
166.0311 (2) Any municipality, housing authority, development authority or
2redevelopment authority authorized under ss. 66.40 to 66.435 66.1201 to 66.1211
3and 66.1301 to 66.1337
:
AB710,242,84 (a) To issue bonds or obtain other types of financing in furtherance of its
5statutory purposes may cooperate with any other municipality, housing authority,
6development authority or redevelopment authority similarly authorized under ss.
766.40 to 66.435 66.1201 to 66.1211 and 66.1301 to 66.1337 for the purpose of jointly
8issuing bonds or obtaining other types of financing.
AB710,242,139 (b) To plan, undertake, own, construct, operate and contract with respect to any
10housing project in accordance with its statutory purposes under ss. 66.40 to 66.435
1166.1201 to 66.1211 and 66.1301 to 66.1337, may cooperate for the joint exercise of
12such functions with any other municipality, housing authority, development
13authority or redevelopment authority so authorized.
AB710, s. 351 14Section 351 . 66.30 (2m) of the statutes is renumbered 36.11 (19), and 36.11
15(19) (a) to (c), as renumbered, are amended to read:
AB710,242,1816 36.11 (19) (a) The university of Wisconsin board may furnish, and school
17districts may accept, services for educational study and research projects and they
18may enter into contracts under this section s. 66.0301 for that purpose.
AB710,242,2119 (b) A group of school districts, if authorized by each school board, may form a
20nonprofit-sharing corporation to contract with the state or the university of
21Wisconsin system
board for the furnishing of the services specified in par. (a).
AB710,242,2422 (c) The corporation shall be organized under ch. 181 and shall have the powers
23there applicable. Members of the school boards specified in par. (b) may serve as
24incorporators, directors and officers of the corporation.
AB710, s. 352
1Section 352. 66.30 (3) and (3m) of the statutes are renumbered 66.0301 (3) and
2(4) and amended to read:
AB710,243,83 66.0301 (3) Any such contract under sub. (2) may provide a plan for
4administration of the function or project, which may include, without limitation
5because of enumeration,
but is not limited to provisions as to proration of the
6expenses involved, deposit and disbursement of funds appropriated, submission and
7approval of budgets, creation of a commission, selection and removal of
8commissioners, and formation and letting of contracts.
AB710,243,13 9(4) A commission created by contract under sub. (2) may finance the
10acquisition, development, remodeling, construction and equipment of land,
11buildings and facilities for regional projects under s. 66.066 66.0621. Participating
12municipalities acting jointly or separately may finance such the projects, or an
13agreed share of the cost thereof of the projects, under ch. 67.
AB710, s. 353 14Section 353. 66.30 (3n) and (3p) of the statutes are consolidated, renumbered
1566.0301 (5) (intro.) and amended to read:
AB710,243,1716 66.0301 (5) (intro.) No commission created by contract under this section is
17authorized
sub. (2) may, directly or indirectly, to acquire, do any of the following:
AB710,243,23 18(a) Acquire, construct or lease facilities used or useful in the business of a public
19utility engaged in production, transmission, delivery or furnishing of heat, light,
20power, natural gas or communications service, by any method except those set forth
21under this chapter or ch. 196, 197 or 198. (3p) The authority now or hereafter
22conferred by law on commissions created by contract under this section shall not
23include the right, power or authority to establish
AB710,244,3 24(b) Establish, lay out, construct, improve, discontinue, relocate, widen or
25maintain any road or highway outside the corporate limits of a village or city or to

1acquire lands for such those purposes except upon approval of the department of
2transportation and the county board of the county and the town board of the town
3in which the road is to be located.
AB710, s. 354 4Section 354 . 66.30 (4) of the statutes is repealed.
Note: The substance of this repealed subsection is relocated to s. 66.0301 (2), as
renumbered [current s. 66.30 (2)]. See Section 348 of this bill.
AB710, s. 355 5Section 355 . 66.30 (5) (intro.), (a) and (b) of the statutes are renumbered
666.0303 (2), (3) and (4) and amended to read:
AB710,244,107 66.0303 (2)Any A municipality may contract with municipalities of another
8state for the receipt or furnishing of services or the joint exercise of any power or duty
9required or authorized by statute to the extent that laws of such the other state or
10of the United States permit such the joint exercise.
AB710,245,2 11(3) Every An agreement made under this subsection section shall, prior to and
12as a condition precedent to taking effect, be submitted to the attorney general who
13shall determine whether the agreement is in proper form and compatible with the
14laws of this state. The attorney general shall approve any agreement submitted
15hereunder under this subsection unless the attorney general finds that it does not
16meet the conditions set forth herein in this section and details in writing addressed
17to the concerned municipal governing bodies the specific respects in which the
18proposed agreement fails to meet the requirements of law. Failure to disapprove an
19agreement submitted hereunder under this subsection within 90 days of its
20submission shall constitute constitutes approval thereof. The attorney general,
21upon submission of an agreement hereunder, shall transmit a copy of the agreement
22to the governor who shall consult with any state department or agency affected by

1the agreement. The governor shall forward to the attorney general any comments
2the governor may have concerning the agreement.
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