1. Reorganizes ch. 66 by:
a. Internally reorganizing the chapter by creating 13 subchapters and relocating
provisions within the chapter.
b. Reorganizing some individual sections within ch. 66 by combining them with
other sections, dividing single sections into 2 or more sections and internally reorganizing
single sections.
c. Relocating whole or partial provisions of ch. 66 outside of ch. 66 where
appropriate (including the relocation of provisions dealing with metropolitan sewage
districts into a new chapter, ch. 200, and moving whole sections of ch. 66 that pertain
solely to 1st class cities to subch. II of ch. 62, relating to cities).
2. Makes nonsubstantive, editorial changes to modernize language and reflect
modern drafting style, including, in a few instances, comprehensive editorial changes by
entirely restating the current provision.
3. Repeals several entire sections and portions of sections that the special
committee concluded are no longer necessary.
4. Makes substantive changes that the special committee concluded are relatively
noncontroversial.
The special committee explicitly intends that, unless expressly noted, this bill
makes no substantive changes in the statutory provisions treated by the bill. Substantive
changes in the bill are identified in notes to the provisions substantively affected. If a
question arises about the effect of any modification made by this bill, the special
committee intends that the revisions in this bill be construed to have the same effect as
the prior statutes.
For convenience, a table of contents listing all section numbers of reorganized ch.
66 and the newly created subchapters is included in this prefatory note. Also, a finding
aid is included at the end of the bill which identifies the treatment by this bill of current
statutory provisions within ch. 66.
The remainder of this note consists of a table of contents for reorganized ch. 66:
AB710,7,2
1CHAPTER 66
2
GENERAL MUNICIPAL LAW
- See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB710,14,93
20.155
(1) (g)
Utility regulation. The amounts in the schedule for the
4regulation of utilities. Ninety percent of all moneys received by the commission
5under s. 196.85, 196.855 or
200.10 201.10 (3), except moneys received from mobile
6home park operators under s. 196.85 (2g), shall be credited to this appropriation.
7Ninety percent of all receipts from the sale of miscellaneous printed reports and
8other copied material, the cost of which was originally paid under this paragraph,
9shall be credited to this appropriation.
AB710, s. 2
10Section
2. 29.05 (6) of the statutes is amended to read:
AB710,15,211
29.05
(6) Access to storage places. For purposes of enforcing this chapter, the
12department and its wardens shall be permitted by the owner or occupant of any cold
13storage warehouse or building used for the storage or retention of wild animals, or
14carcasses or parts thereof, to enter and examine said premises subject to
ss. 66.122
15and 66.123 s. 66.0119; and the owner or occupant, or the agent, servant, or employe
16of the owner, shall deliver to any such officer any wild animal, or carcass or part
1thereof, in his or her possession during the closed season therefor, whether taken
2within or without the state.
AB710, s. 3
3Section
3
. 30.13 (5) of the statutes is repealed.
Note: Replaced by s. 66.0495, which is renumbered s. 30.13 (5). See Sections
120 to 133 of this bill.
AB710, s. 4
4Section
4. 30.16 (2) of the statutes is amended to read:
AB710,15,95
30.16
(2) Removal of obstructions to navigation; wharves and piers;
6alternative. As an alternative to the procedure specified under sub. (1), the
7governing body of a city, village or town may remove that portion of a wharf or pier
8which constitutes an unlawful obstruction to navigation as provided under s.
966.0495 30.15 (5m).
AB710, s. 5
10Section
5. 30.772 (3) (f) of the statutes is amended to read:
AB710,15,1311
30.772
(3) (f) In addition to, or as an alternative to, the penalties specified in
12par. (e), the governing body of a municipality may remove unlawful moorings as
13provided under and pursuant to the procedures of s.
66.0495 30.15 (5m).
AB710, s. 6
14Section
6. 33.47 (5) of the statutes is amended to read:
AB710,15,1715
33.47
(5) Any special assessment or special charge levied shall be in accordance
16with
s. 66.60 ss. 66.0627 and 66.0703 to the extent
it is that those sections are 17applicable to and not in conflict with this subsection.
AB710, s. 7
18Section
7. 36.11 (19) (title) of the statutes is created to read:
AB710,15,1919
36.11
(19) (title)
Furnishing of services to school districts.
AB710, s. 8
20Section
8. 60.23 (20) of the statutes is amended to read:
AB710,16,321
60.23
(20) Disposition of dead animals. Notwithstanding ss. 59.54 (21) and
2295.50 (3), dispose of any dead animal within the town or contract for the removal and
23disposition with any private disposal facility. A town may enter into a contract with
1any other governmental unit under s.
66.30
66.0301 to provide for the removal and
2disposition. A town may recover its costs under this subsection by
levying a special
3assessment under s. 66.345 imposing a special charge under s. 66.0627.
Note: Reflects the repeal of s. 66.345 and the amendment of s. 66.0627, as
renumbered. See Sections 170 and 372 of this bill.
AB710, s. 9
4Section
9. 60.23 (27) of the statutes is amended to read:
AB710,16,195
60.23
(27) Town housing authorities, blighted areas. Engage in certain
6housing and redevelopment activities. The provisions of ss.
66.40 66.1201 to
66.425,
766.43, 66.431 66.1211, 66.1301 to 66.1329, 66.1331 to 66.1333 and
66.4325 66.1335,
8except the provisions of s.
66.40 66.1201 (10) and any other provisions that conflict
9with statutes relating to towns and town boards,
shall apply to towns, and the powers
10and duties conferred and imposed by ss.
66.40 66.1201 to
66.425, 66.43, 66.431
1166.1211, 66.1301 to 66.1329, 66.1331 to 66.1333 and
66.4325 66.1335, except the
12powers and duties conferred and imposed by s.
66.40
66.1201 (10) and any other
13powers that conflict with statutes relating to towns and town boards, upon mayors,
14common councils and specified city officials are
hereby conferred upon town board
15chairpersons, town boards and town officials performing duties similar to the duties
16of
such the specified city officials and common councils respectively. Any town
17housing authorities created under this subsection
shall be entitled to may 18participate in any state grants-in-aid for housing in the same manner as city
19housing authorities created under ss.
66.40 66.1201 to
66.404 66.1211.
AB710, s. 10
20Section
10. 60.24 (3) (j) of the statutes is amended to read:
AB710,16,2221
60.24
(3) (j) Appoint
, at his or her discretion, one or more commissioners of
22noxious weeds under
ss. 66.96 to 66.99 s. 66.0517.
Note: Amends the reference to the town board chairperson's duty to appoint
one or more commissioners of noxious weeds to reflect that the appointment
duty is made optional. See Section 154 of this bill.
AB710, s. 11
1Section
11. 60.51 of the statutes is repealed.
Note: Repealed as unnecessary. The section cross-references selected
provisions of ch. 66 which on their own terms apply to towns.
AB710, s. 12
2Section
12. 61.73 of the statutes is amended to read:
AB710,17,13
361.73 Village housing authorities. The provisions of ss.
66.395 to 66.425 466.1201 to 66.1329 apply to villages, and the powers and duties conferred and
5imposed by ss.
66.395 to 66.425 66.1201 to 66.1329 upon mayors, councils and
6specified city officials are conferred upon presidents, village boards and village
7officials performing duties similar to the duties of the specified city officials
8respectively.
Any An ordinance or resolution
heretofore passed
before June 4, 1949, 9by
any a village board creating a housing authority in substantially the manner
10provided in ss.
66.40 to 66.404 66.1201 to 66.1211 is valid, and
any village housing
11authorities may participate in any state grants-in-aid for housing in the same
12manner as city housing authorities created under ss.
66.395 to 66.404 66.1201 to
1366.1213.
AB710, s. 13
14Section
13. 62.03 (1) of the statutes is amended to read:
AB710,17,1715
62.03
(1) This subchapter, except ss. 62.071, 62.08 (1), 62.09 (1) (e) and (11) (j)
16and (k), 62.175
and, 62.23 (7) (em) and (he)
and 62.237, does not apply to 1st class
17cities under special charter.
Note: Amended to reflect the relocation of s. 66.38, relating to housing loan
assistance by cities, into subch. I of ch. 62. Section 66.38 applies to any city
with a population over 75,000, including 1st class cities under special charter.
AB710, s. 14
18Section
14. Subchapter II (title) of chapter 62 [precedes 62.50] of the statutes
19is amended to read:
AB710,18,221
SUBCHAPTER II
22POLICE AND FIRE DEPARTMENTS
1IN CITIES OF THE FIRST
2
CLASS
Cities
AB710, s. 15
3Section
15
. 62.63 (1) of the statutes is created to read:
AB710,18,84
62.63
(1) Establishment of funds. By a majority vote of the members-elect,
5the common council of a 1st class city may create, establish, maintain and administer
6annuity and benefit funds for city officers and employes, including officers and
7employes of boards, agencies, departments and divisions of the city government and
8of a housing authority established under s. 66.1201.
Note: Restates s. 66.80 (1) and (3) repealed by
Sections 570 and 572 of this
bill.
AB710, s. 16
9Section
16
. 62.69 (1) of the statutes is created to read:
AB710,18,1010
62.69
(1) Application. This section applies to 1st class cities.
Note: Restates s. 66.071 (intro.), repealed by Section 196 of this bill.
AB710, s. 17
11Section
17. 62.69 (2) (b) of the statutes is created to read:
AB710,18,1512
62.69
(2) (b) In this subsection, all acts authorized to be done by the
13commissioner of public works, except enforcement of regulations approved by the
14common council, shall be approved by the common council before the acts may take
15effect.
Note: Restates a portion of s. 66.071 (1) (b) that is repealed by Section 199 of
this bill.
AB710, s. 18
16Section
18
. 66.01 (title) and (1) to (3) of the statutes are renumbered 66.0101
17(title) and (1) to (3), and 66.0101 (2) and (3), as renumbered, are amended to read:
AB710,19,218
66.0101
(2) (a) A
"charter ordinance" is any ordinance which enacts, amends
19or repeals the whole or any part of the charter of a city or village, or makes the
20election mentioned in sub. (4). Such city or village may enact a charter ordinance.
21A charter ordinance shall be
so designated
, shall require as a charter ordinance,
22requires a two-thirds vote of the members-elect of the legislative body of
such the
1city or village, and
shall be is subject to referendum as
hereinafter prescribed 2provided in this section.
AB710,19,83
(b)
Every A charter ordinance
which that amends or repeals
the whole or any
4part of a city or village charter shall designate specifically the portion of the charter
5so that is amended or repealed
, and every. A charter ordinance
which
that makes
6the election
mentioned in under sub. (4) shall designate specifically each enactment
7of the legislature or portion
thereof, of the enactment that is made inapplicable to
8such the city or village by the election
mentioned in sub. (4).
AB710,19,17
9(3) Every enactment, amendment or repeal of the whole or any part of the
10charter of any city or village A charter ordinance shall be published as a class 1
11notice, under ch. 985,
and shall be recorded by the clerk in a permanent book kept
12for that purpose, with a statement of the manner of its adoption
, and a. A certified
13copy
thereof of the charter ordinance shall be filed by
said the clerk with the secretary
14of state. The secretary of state shall keep a separate index of all charter ordinances,
15arranged alphabetically by city and village and summarizing each ordinance, and
16annually shall issue
such a list the index of charter ordinances filed during the 12
17months prior to July 1.
Note: "Charter ordinance" is now defined in a separate subsection. See
Section 27 of this bill.
AB710, s. 19
18Section
19. 66.01 (3a) of the statutes is renumbered 66.0101 (12).
AB710, s. 20
19Section
20. 66.01 (4) to (8) of the statutes are renumbered 66.0101 (4) to (8)
20and amended to read:
AB710,20,421
66.0101
(4) Any A city or village may elect
in the manner prescribed in
under 22this section that
the whole or any
part of any laws law relating to the local affairs and
23government of
such the city or village other than
such those enactments of the
1legislature of statewide concern as shall with uniformity affect every city or every
2village shall not apply to
such the city or village, and
thereupon such laws or parts
3t
hereof shall cease when the election takes effect, the law ceases to be in effect in
such 4the city or village.
AB710,20,16
5(5) Any city or village by charter ordinance may make the election mentioned
6in sub. (4) of this section, or enact, amend or repeal the whole or any part of its
7charter; but such A charter ordinance
shall does not take effect until 60 days after
8its passage and publication. If within
such 60 days
the 60-day period a petition
9conforming to the requirements of s. 8.40
and signed by a number of electors of the
10city or village equal to not less than 7% of the votes cast
therein in the city or village 11for governor at the last general election
shall be
is filed in the office of the clerk of
said 12the city or village demanding that
such the ordinance be submitted to a vote of the
13electors
, it
shall may not take effect until
it is submitted to a referendum and
14approved by a majority of the electors voting
thereon. Said in the referendum. The 15petition and the proceedings for its submission
shall be are governed by s. 9.20 (2)
16to (6).
AB710,20,20
17(6) Any A charter ordinance may be initiated
in the manner provided in
under 18s. 9.20 (1) to (6), but alternative adoption
thereof
of the charter ordinance by the
19legislative body
shall be is subject to referendum
as provided in under sub. (5)
of this
20section.
AB710,20,24
21(7) Any A charter ordinance may be submitted to a referendum by the
22legislative body,
in the manner prescribed in under s. 9.20 (4) to (6), without initiative
23petition, and
shall become becomes effective when approved by a majority of the
24electors voting
thereon in the referendum.
AB710,21,10
1(8) Every charter, charter amendment or A charter ordinance enacted or
2approved by a vote of the electors
shall control and prevail controls over any prior or
3subsequent act of the legislative body of the city or village.
Whenever If the electors
4of any city or village by a majority vote have adopted or determined to continue to
5operate under either ch. 62 or 64, or have determined the method of selection of
6members of the governing board, the question shall not again be submitted to the
7electors, nor action taken
thereon on the question, within a period of 2 years. Any
8election to change or amend the charter of any city or village, other than a special
9election as provided in s. 9.20 (4), shall be held at the time provided by statute for
10holding the spring election.
AB710, s. 21
11Section
21. 66.01 (9) to (11) of the statutes are renumbered 66.0101 (9) (a), (b)
12and (d) and amended to read:
AB710,21,1713
66.0101
(9) (a) The legislative body of
any a city or village, by resolution
14adopted by a two-thirds vote of its members-elect may, and upon petition complying
15with s. 9.20 shall, submit to the electors
in the manner prescribed in under s. 9.20
16(4) to (6) the question of holding a charter convention under one or more plans
17proposed in
said the resolution or petition.
AB710,21,1818
(b) The ballot shall be in substantially the following form:
AB710,21,1919
Shall a charter convention be held?
AB710,21,2121
If a charter convention
be is held what plan do you favor?
AB710,21,2222
PLAN 1
⍽ PLAN 2
⍽
AB710,21,2323
[Repeat for each plan proposed.]
AB710,21,2424
Mark an [X] in the square to the RIGHT of the plan
that you select.
AB710,22,5
1(c) If a majority of the electors voting
thereon vote for a charter convention,
such 2the convention shall be held pursuant to the plan favored by a majority of the total
3votes cast for all plans. If no plan receives a majority, the 2 plans receiving the
4highest number of votes shall be again submitted to the electors and a convention
5shall
thereupon be held pursuant to the plan favored by a majority of the votes cast.
AB710,22,136
(d)
Such A charter convention
shall have power to may adopt a charter or
7amendments to the existing charter.
Such The charter or charter amendments
8adopted by
such the convention shall be certified, as soon as
may be practicable, by
9the presiding officer and secretary
thereof of the convention to the city or village clerk
10and shall
thereupon be submitted to the electors
in the manner prescribed in as
11provided under s. 9.20 (4) to (6), without the alternative
mentioned therein provided
12in s. 9.20 (4) to (6), and
shall take effect
only when approved by a majority of the
13electors voting
thereon.
AB710, s. 22
14Section
22. 66.01 (12) of the statutes is renumbered 66.0101 (10).
AB710, s. 23
15Section
23. 66.01 (14) of the statutes is repealed.
Note: Repealed as obsolete. The subsection provides as follows:
"(14) All laws relating to public instruction, under article X, sections 1 to 5, of
the constitution, remain and shall continue in force for the establishment,
administration and government of the district schools as heretofore, until
amended or repealed by the legislature. The term "district schools" as here
used, in addition to common schools includes, among others, any and all public
high schools, trade schools, technical colleges, auxiliary departments for
instruction of pupils who are deaf or of impaired speech or blind, and truancy or
parental schools.".
Municipalities no longer enact general laws relating to public instruction.
AB710, s. 24
16Section
24. 66.01 (15) of the statutes is renumbered 66.0101 (11).
AB710, s. 25
17Section
25
. 66.01 (16) of the statutes is renumbered 61.188 and amended to
18read:
AB710,23,14
1961.188 Certain villages may become cities by charter ordinance. Any
20village having a population of 1,000 or more may proceed under
this section s.
166.0101 to organize as a city of the appropriate class. The village may by charter or
2charter ordinance adopted under
this section s. 66.0101 elect not to be governed by
3ch. 62 or
this chapter 66 in whole or in part or may create
such that system of
4government
as is deemed considered by the village to be most appropriate
for its
5situation. The charter or charter ordinance may include
provision for the following
,
6without limitation because of enumeration: method of election of members of the
7council by districts, at-large or by a combination of methods, procedure for election
8of the first common council, creation and selection of all administrative officers,
9departments, boards and commissions, powers and duties of all officers, boards and
10commissions and terms of office. The charter or charter ordinance
shall may not alter
11those provisions of ch. 62 dealing with police and fire departments or chs. 115 to 121
12dealing with education. Any village incorporated after August 12, 1959, may not
13become a city under this
subsection section unless it meets the standards for
14incorporation in ss.
66.015 and 66.016 66.0205 and 66.0207.
AB710, s. 26
15Section
26. Subchapter I (title) of chapter 66 [precedes 66.0101] of the statutes
16is created to read:
AB710,23,1918
Subchapter I
19
General Powers; administration
AB710, s. 27
20Section
27
. 66.0101 (1m) of the statutes is created to read:
AB710,23,2321
66.0101
(1m) In this section, "charter ordinance" means an ordinance that
22enacts, amends or repeals the charter, or any part of the charter, of a city or village
23or that makes the election under sub. (4).
Note: Provides a general definition of "charter ordinance" for the statutory
provision relating to home rule and charter ordinances. See the treatment of
current s. 66.01 by Sections 18 to 25 of this bill.