1999 Wisconsin Act 150

150,265 Section 265. 66.1003 (1) of the statutes is created to read:

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

150,266 Section 266. 66.1019 (title) of the statutes is created to read:

66.1019 (title) Housing codes to conform to state law.

150,267 Section 267. 66.11 of the statutes is renumbered 66.0501, and 66.0501 (1), (2) and (3), as renumbered, are amended to read:

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.

(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.

(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.

150,268 Section 268. Subchapter XI (title) of chapter 66 [precedes 66.1101] of the statutes is created to read:

chapter 66

subchapter xi
development

150,269 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.

150,270 Section 270 . 66.113 of the statutes is renumbered 66.0515 and amended to read:

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.

150,271 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:

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.

(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.

(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.

(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.

150,272 Section 272. 66.115 of the statutes is renumbered 66.0109 and amended to read:

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.

150,273 Section 273. 66.117 of the statutes is renumbered 66.0115.

150,274 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:

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.

(b) 5. A designation of the offense in such a manner as that can be readily understood by a person making a reasonable effort to do so.

150,275 Section 275. 66.119 (1) (b) 7. to 9. and (c), (2) and (3) (title) of the statutes, as affected by 1999 Wisconsin Act 9, are renumbered 66.0113 (1) (b) 7. to 9. and (c), (2) and (3) (title).

150,276 Section 276. 66.119 (3) (a) to (d) of the statutes, as affected by 1999 Wisconsin Act 9, are renumbered 66.0113 (3) (a) to (d), and 66.0113 (3) (a), (c) and (d), as renumbered, are amended to read:

66.0113 (3) (a) The person named as the alleged violator in a citation may appear in court at the time specified in the citation or may mail or deliver personally a cash deposit in the amount, within the time and to the court, clerk of court or other official specified in the citation. If a person makes a cash deposit, the person may nevertheless appear in court at the time specified in the citation, provided that but the cash deposit may be retained for application against any forfeiture, restitution, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, consumer information assessment or domestic abuse assessment that may be imposed.

(c) If the alleged violator makes a cash deposit and fails to appear in court, the citation may serve as the initial pleading and the violator shall be considered to have tendered a plea of no contest and submitted to a forfeiture, the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable consumer information assessment imposed by s. 100.261 and any applicable domestic abuse assessment imposed by s. 973.055 (1) not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly or reject the plea. If the court finds the violation meets the conditions in s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under s. 800.093. If the court accepts the plea of no contest, the defendant may move within 10 days after the date set for the appearance to withdraw the plea of no contest, open the judgment and enter a plea of not guilty if the defendant shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect. If the plea of no contest is accepted and not subsequently changed to a plea of not guilty, no costs or fees may be taxed against the violator, but a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment and, if applicable, a consumer information assessment or a domestic abuse assessment shall be assessed. If the court rejects the plea of no contest, an action for collection of the forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, any applicable consumer information assessment and any applicable domestic abuse assessment may be commenced. A city, village, town sanitary district or public inland lake protection and rehabilitation district may commence action under s. 66.12 66.0114 (1) and a county or town may commence action under s. 778.10. The citation may be used as the complaint in the action for the collection of the forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, any applicable consumer information assessment and any applicable domestic abuse assessment.

(d) If the alleged violator does not make a cash deposit and fails to appear in court at the time specified in the citation, the court may issue a summons or warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment accordingly if service was completed as provided under par. (e) or the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district may commence an action for collection of the forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment, any applicable consumer information assessment and any applicable domestic abuse assessment. A city, village, town sanitary district or public inland lake protection and rehabilitation district may commence action under s. 66.12 66.0114 (1) and a county or town may commence action under s. 778.10. The citation may be used as the complaint in the action for the collection of the forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment, any applicable consumer information assessment and any applicable domestic abuse assessment. If the court considers the nonappearance to be a plea of no contest and enters judgment accordingly, the court shall promptly mail a copy or notice of the judgment to the defendant. The judgment shall allow the defendant not less than 20 days from the date of the judgment to pay any forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment, any applicable consumer information assessment and any applicable domestic abuse assessment imposed. If the defendant moves to open the judgment within 6 months after the court appearance date fixed in the citation, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect, the court shall reopen the judgment, accept a not guilty plea and set a trial date.

150,277 Section 277. 66.119 (3) (e), (4) and (5) of the statutes are renumbered 66.0113 (3) (e), (4) and (5), and 66.0113 (4), as renumbered, is amended to read:

66.0113 (4) Relationship to other laws. The adoption and authorization for use of a citation under this section shall does not preclude the governing body from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or any other matter. The issuance of a citation under this section shall does not preclude the proceeding under any other ordinance or law relating to the same or any other matter. The proceeding Proceeding under any other ordinance or law relating to the same or any other matter shall does not preclude the issuance of a citation under this section.

150,278 Section 278. 66.12 (title) and (1) (title) and (a) of the statutes, as affected by 1999 Wisconsin Act 9, are renumbered 66.0114 (title) and (1) (title) and (a), and 66.0114 (1) (a), as renumbered, is amended to read:

66.0114 (1) (a) An action for violation of an ordinance or bylaw enacted by a city, village, town sanitary district or public inland lake protection and rehabilitation district is a civil action. All forfeitures and penalties imposed by any an ordinance or bylaw of the city, village, town sanitary district or public inland lake protection and rehabilitation district, except as provided in ss. 345.20 to 345.53, may be collected in an action in the name of the city or village before the municipal court or in an action in the name of the city, village, town sanitary district or public inland lake protection and rehabilitation district before a court of record. If the action is in municipal court, the procedures under ch. 800 apply and the procedures under this section do not apply. If the action is in a court of record, it shall be commenced by warrant or summons under s. 968.04 or, if applicable, by citation under s. 778.25 or 778.26. A law enforcement officer may arrest the offender in all cases without warrant under s. 968.07. The affidavit where If the action is commenced by warrant the affidavit may be the complaint. The affidavit or complaint shall be is sufficient if it alleges that the defendant has violated an ordinance or bylaw, specifying the ordinance or bylaw by section, chapter, title or otherwise with sufficient plainness to identify the ordinance or bylaw. The judge may release a defendant without bail a cash deposit or may permit him or her to execute an unsecured appearance bond upon arrest. In arrests without a warrant or summons a statement on the records of the court of the offense charged shall stand as is the complaint unless the court directs that a formal complaint be issued. In all actions under this paragraph the defendant's plea shall be guilty, not guilty or no contest and shall be entered as not guilty on failure to plead, which . A plea of not guilty shall put on failure to plead puts all matters in the case at issue, any other provision of law notwithstanding. The defendant may enter a not guilty plea by certified mail.

Note: Reference to "bail" in sub. (1) (a) is changed to "cash deposit" for consistency of reference in the statutes.

150,279 Section 279. 66.12 (1) (b) of the statutes, as affected by 1999 Wisconsin Act 9, is renumbered 66.0114 (1) (b) and amended to read:

66.0114 (1) (b) Local ordinances, except as provided in this paragraph or ss. 345.20 to 345.53, may contain a provision for stipulation of guilt or no contest of any or all violations under those ordinances, and may designate the manner in which the stipulation is to be made and may fix the penalty to be paid. When a person charged with a violation for which stipulation of guilt or no contest is authorized makes a timely stipulation and, pays the required penalty and pays the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable consumer information assessment imposed by s. 100.261 and any applicable domestic abuse assessment imposed by s. 973.055 (1) to the designated official, the person need not appear in court and no witness fees or other additional costs may be taxed unless the local ordinance so provides. A court appearance is required for a violation of a local ordinance in conformity with s. 346.63 (1).

(bm) The official receiving the penalties shall remit all moneys collected to the treasurer of the city, village, town sanitary district or public inland lake protection and rehabilitation district in whose behalf the sum was paid, except that all jail assessments shall be remitted to the county treasurer, within 20 days after its receipt by him or her; and in case of any failure in the payment the official. If timely remittance is not made, the treasurer may collect the payment of the officer by action, in the name of the office, and upon the official bond of the officer, with interest at the rate of 12% per year from the time when it should have been paid date on which it was due. In the case of the penalty assessment imposed by s. 757.05, the crime laboratories and drug law enforcement assessment imposed by s. 165.755, the driver improvement surcharge imposed by s. 346.655 (1), any applicable consumer information assessment imposed by s. 100.261 and any applicable domestic abuse assessment imposed by s. 973.055 (1), the treasurer of the city, village, town sanitary district or public inland lake protection and rehabilitation district shall remit to the state treasurer the sum amount required by law to be paid on the actions so entered during the preceding month on or before the first day of the next succeeding month. The governing body of the city, village, town sanitary district or public inland lake protection and rehabilitation district shall by ordinance designate the official to receive the penalties and the terms under which the official shall qualify qualifies.

150,280 Section 280. 66.12 (1) (c) of the statutes is renumbered 66.0114 (1) (c).

150,281 Section 281. 66.12 (1) (d) of the statutes is repealed.

Note: The substance of the repealed paragraph is relocated in renumbered s. 66.0114 (1) (a).

150,282 Section 282. 66.12 (2) and (3) (title), (a) and (c) of the statutes are renumbered 66.0114 (2) and (3) (title), (a) and (c).

150,283 Section 283. 66.12 (3) (b) of the statutes, as affected by 1999 Wisconsin Act 9, is renumbered 66.0114 (3) (b) and amended to read:

66.0114 (3) (b) All forfeitures and penalties recovered for the violation of any an ordinance or bylaw of any a city, village, town, town sanitary district or public inland lake protection and rehabilitation district shall be paid into the city, village, town, town sanitary district or public inland lake protection and rehabilitation district treasury for the use of the city, village, town, town sanitary district or public inland lake protection and rehabilitation district, except as otherwise provided in par. (c), sub. (1) (b) (bm) and s. 757.05. The judge shall report and pay into the treasury, quarterly, or at more frequent intervals if so required, all moneys collected belonging to the city, village, town, town sanitary district or public inland lake protection and rehabilitation district, which. The report shall be certified and filed in the office of the treasurer; and the. The judge shall be is entitled to duplicate receipts for such moneys, one of which he or she shall file with the city, village or town clerk or with the town sanitary district or the public inland lake protection and rehabilitation district.

150,284 Section 284. Subchapter XII (title) of chapter 66 [precedes 66.1201] of the statutes is created to read:

chapter 66

subchapter xii
housing authorities

150,285 Section 285 . 66.1201 (9) (x) of the statutes is created to read:

66.1201 (9) (x) To, within its area of operation, either by itself or with the department of veterans affairs, undertake and carry out studies and analyses of veterans' housing needs and meeting those needs and make the study results available to the public, including the building, housing and supply industries.

Note: Relocates, in general housing authority law, s. 66.39 (1). Section 66.39 is repealed by Section 379 of this bill.

150,286 Section 286. 66.121 of the statutes is renumbered 75.377 and amended to read:

75.377 Inspection of property subject to tax certificate. A county or a city authorized to act under s. 74.87 may enter any real property for which a tax certificate has been issued under s. 74.57, or may authorize another person to enter the real property, to determine the nature and extent of environmental pollution, as defined in s. 299.01 (4).

Note: Under s. 75.06, for purposes of ch. 75, "county" includes a city authorized to act under s. 74.87; therefore, reference to the latter is deleted from renumbered s. 75.377 as unnecessary.

150,287 Section 287. 66.122 (title) of the statutes is renumbered 66.0119 (title).

150,288 Section 288. 66.122 (1) (a) of the statutes is renumbered 66.0119 (1) (b) and amended to read:

66.0119 (1) (b) Any "Peace officer" means a state, county, city, village, town, town sanitary district or public inland lake protection and rehabilitation district officer, agent or employe charged under statute or municipal ordinance with powers or duties involving inspection of real or personal property, including buildings, building premises and building contents, is deemed a peace officer for the purpose of applying for, obtaining and executing special inspection warrants under s. 66.123 for inspection purposes.

Note: The stricken language at the end of the paragraph is relocated to s. 66.0119 (2), as renumbered. See Section 290 of this bill.

150,289 Section 289. 66.122 (1) (b) of the statutes is renumbered 66.0119 (1) (a) and amended to read:

66.0119 (1) (a) "Inspection purposes" include, without limitation because of enumeration, such purposes as building, housing, electrical, plumbing, heating, gas, fire, health, safety, environmental pollution, water quality, waterways, use of water, food, zoning, property assessment, meter and obtaining data required to be submitted in an initial site report or feasibility report under subch. III of ch. 289 or s. 291.23, 291.25, 291.29 or 291.31 or an environmental impact statement related to one of those reports.

150,290 Section 290 . 66.122 (2) of the statutes is renumbered 66.0119 (2) and amended to read:

66.0119 (2) A peace officer may apply for, obtain and execute a special inspection warrant issued under this section. Except in cases of emergency where no special inspection warrant shall be is required, special inspection warrants shall be issued for inspection of personal or real properties which are not public buildings or for inspection of portions of public buildings which are not open to the public only upon showing that consent to entry for inspection purposes has been refused. The definition of "public building" under s. 101.01 (12) applies to this section.

150,291 Section 291. 66.123 (title) of the statutes is repealed.

150,292 Section 292. 66.123 of the statutes is renumbered 66.0119 (3), and 66.0119 (3) (intro.), as renumbered, is amended to read:

66.0119 (3) (intro.) The following forms for use under s. 66.122 this section are illustrative and not mandatory:

150,293 Section 293. 66.124 of the statutes is renumbered 66.0417, and 66.0417 (title), as renumbered, is amended to read:

66.0417 (title) Order authority Local enforcement of certain food and health regulations.

150,294 Section 294. 66.125 of the statutes is renumbered 66.0121 and amended to read:

66.0121 Orders; action; proof of demand. No action shall may be brought upon any a city, village, town or school district order until the expiration of 30 days after a demand for the payment of the same shall have order has been made. If an action is brought and the defendant fails to appear and defend the action, judgment shall not be entered without affirmative proof of the demand. If judgment is entered without proof of the demand, the judgment shall be is void.

150,295 Section 295. 66.13 of the statutes is repealed.

Note: Repealed as unnecessary. This section provides a statute of limitations relating to an action or proceeding to test the validity of a municipal contract. Virtually identical provisions are contained in s. 893.75.

150,296 Section 296. Subchapter XIII (title) of chapter 66 [precedes 66.1301] of the statutes is created to read:

chapter 66

subchapter xiii
urban redevelopment
and renewal

150,297 Section 297 . 66.1331 (3) (Lm) of the statutes is created to read:

66.1331 (3) (Lm) "Redevelopment plan" means a plan for the acquisition, clearance, reconstruction, rehabilitation or future use of a redevelopment project area.

Note: Recreates a definition that was included as a separate definition within the definition of "Redevelopment project" in s. 66.1331 (3) (m), as renumbered and amended from s. 66.43 (3) (m). See Sections 408 and 408m of this bill.

150,298 Section 298. 66.14 (title) of the statutes is repealed.

150,299 Section 299. 66.14 of the statutes is renumbered 62.09 (4) (d) and amended to read:

62.09 (4) (d) Any A city, however incorporated, may pay the cost of any an official bond furnished by an officer thereof of the city, pursuant to law or any rules or regulations requiring the same bond, if said the officer shall furnish furnishes a bond with a surety company or companies authorized to do business in this state, said cost. The cost of the bond furnished by the officer may not to exceed the current rate of premium per year on the amount of said the bond or obligation by said surety executed by the surety. The cost of any such the bond in such city shall be charged to the fund appropriated and set up in the budget for the department, board, commission or other body, the officer of which is required to furnish a bond.

Note: Renumbers and amends s. 66.14 for placement in ch. 62, relating to cities. The renumbering makes the provision inapplicable to a 1st class city under s. 62.03 (1). Section 66.145 (renumbered s. 62.55) treats 1st class cities separately for this purpose.

150,300 Section 300. 66.144 of the statutes is renumbered 62.53 and amended to read:

62.53 Residency required for public officials in 1st class cities. Any public official, as defined in s. 66.146 62.51 (1) (b), may not serve more than 180 days after his or her confirmation unless he or she resides within the boundaries of the 1st class city by which he or she is employed.

150,301 Section 301. 66.145 of the statutes is renumbered 62.55 and amended to read:

62.55 Requirements for surety bonds of officers and employes in cities of the first 1st class cities. When any If an office or position in the service of any city of the first a 1st class city involves fiduciary responsibility or the handling of money, the appointing officer may require the appointee to furnish a bond or other security to such the officer and the said city for the faithful performance of the appointee's duty, the. The amount to of the bond or security shall be fixed by the appointing officer, with the approval of the mayor, and notice. Notice of the mayor's approval shall be given to the city clerk by the mayor. Each bond shall be approved by the city attorney as to the form and execution thereof, and by the common council as to the sufficiency of the sureties therein; provided, however, that any. Any surety company, the bonds of which are accepted by the judge of any court of record in this state, or which is approved by the comptroller of the said city, shall be is sufficient security on any such the bond, and that the. The premium on such a bond under this section, within the limits fixed by law, shall be paid out of the city treasury. The appointing officer shall immediately after the execution of such the bond file the same bond with the city clerk, and it shall be the duty of the. The city clerk to shall require compliance with the terms of this section requiring the filing of bonds with the city clerk by officers and employes, and all such bonds . Bonds of city officers and employes under this section, duly witnessed and acknowledged, after being approved by the common council, shall be delivered to the city comptroller, who shall have them recorded in the office of the register of deeds and, after such recording by the city comptroller in the office of the register of deeds, the said. After the bonds are recorded, the bonds shall be returned to the city clerk, who shall keep them on file in the city clerk's office; except that after the recording of the bond of the city clerk by the city comptroller, said that bond shall remain on file in the office of the city comptroller. Each bond filed by any surety company shall be accompanied by a duplicate of said the bond, which. The duplicate shall be filed by the clerk with the city comptroller.

150,302 Section 302. 66.146 of the statutes is renumbered 62.51.