SB585: Bill Text

SB585, s. 31 Section 31. 60.782 of the statutes is created to read:

SB585,10,14 60.782 Power to act as a public inland lake protection and rehabilita tion district. (1) A town sanitary district that has all or part of a public inland lake within its boundaries for which a public inland lake protection and rehabilitation district is not in effect may do any of the following that is authorized by the commis sion:

SB585,10,16 (a) Create, operate and maintain a water safety patrol unit, as defined in s. 30.79 (1) (b) 2.

SB585,10,18 (b) Undertake projects to enhance the recreational uses of the public inland lake, including recreational boating facilities, as defined in s. 30.92 (1) (c).

SB585,10,21 (c) Appropriate money for the conservation of natural resources or for payment to a bona fide nonprofit organization for the conservation of natural resources within the district or beneficial to the district.

SB585,10,25 (2) The commissioners of a town sanitary district that has the powers of a pub lic inland lake protection and rehabilitation district under sub. (1) shall possess the powers of the board of commissioners of a public inland lake protection and rehabi litation district that are authorized by resolution of the town sanitary district.

SB585, s. 32 Section 32. 66.119 (1) (a) of the statutes is amended to read:

SB585,11,5 66.119 (1) (a) The governing body of any county, town, city, village, town sani tary district or public inland lake protection and rehabilitation district may by ordi nance adopt and authorize the use of a citation to be issued for violations of ordi nances, including ordinances for which a statutory counterpart exists.

SB585, s. 33 Section 33. 66.119 (2) (a) of the statutes is amended to read:

SB585,11,17 66.119 (2) (a) Citations authorized under this section may be issued by law en forcement officers of the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district. In addition, the governing body of a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district may designate by ordinance or resolution other county, town, city, village, town sanitary district or public inland lake protection and rehabi litation district officials who may issue citations with respect to ordinances which are directly related to the official responsibilities of the officials. Officials granted the authority to issue citations may delegate, with the approval of the governing body, the authority to employes. Authority delegated to an official or employe shall be re voked in the same manner by which it is conferred.

SB585, s. 34 Section 34. 66.119 (3) (c) of the statutes is amended to read:

SB585,12,16 66.119 (3) (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 con sidered to have tendered a plea of no contest and submitted to a forfeiture, the penal ty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1) 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 and, if applicable, 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 and any applicable domestic abuse assessment may be commenced. A city, village, town sanitary district or public inland lake protection and rehabilita tion district may commence action under s. 66.12 (1) and a county or town may com mence 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 any appli cable domestic abuse assessment.

SB585, s. 35 Section 35. 66.119 (3) (d) of the statutes is amended to read:

SB585,13,13 66.119 (3) (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 un der 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 and jail assessment and any applicable domestic abuse assessment. A city, village, town sanitary district or public inland lake protec tion and rehabilitation district may commence action under s. 66.12 (1) and a county or town may commence action under s. 778.10. The citation may be used as the com plaint in the action for the collection of the forfeiture, penalty assessment and jail 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 judg ment shall allow the defendant not less than 20 days from the date of the judgment to pay any forfeiture, penalty assessment and jail assessment and any applicable do mestic 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, inadver tence, surprise or excusable neglect, the court shall reopen the judgment, accept a not guilty plea and set a trial date.

SB585, s. 36 Section 36. 66.119 (3) (e) of the statutes is amended to read:

SB585,13,18 66.119 (3) (e) A judgment may be entered under par. (d) if the summons or cita tion was served as provided under s. 968.04 (3) (b) 2. or by personal service by a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district employe.

SB585, s. 37 Section 37. 66.12 (1) (a) of the statutes is amended to read:

SB585,14,17 66.12 (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 dis trict is a civil action. All forfeitures and penalties imposed by any ordinance or bylaw of the city, village, town sanitary district or public inland lake protection and rehabi litation district, except as provided in ss. 345.20 to 345.53, may be collected in an ac tion 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 enforce ment officer may arrest the offender in all cases without warrant under s. 968.07. The affidavit where the action is commenced by warrant may be the complaint. The affidavit or complaint shall be 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 or may permit him or her to execute an unse cured 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 the com plaint unless the court directs that 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 plea of not guilty shall put all mat ters in the case at issue, any other provision of law notwithstanding.

SB585, s. 38 Section 38. 66.12 (1) (b) of the statutes is amended to read:

SB585,15,20 66.12 (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 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. 165.87, the jail assessment imposed by s. 302.46 (1) 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). The official receiving the penal ties 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 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. In the case of the penal ty assessment imposed by s. 165.87, the driver improvement surcharge imposed by s. 346.655 (1) 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 re quired 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, vil lage, town sanitary district or public inland lake protection and rehabilitation dis trict shall by ordinance designate the official to receive the penalties and the terms under which the official shall qualify.

SB585, s. 39 Section 39. 66.12 (2) of the statutes is amended to read:

SB585,16,8 66.12 (2) Appeals. Appeals in actions in courts of record to recover forfeitures and penalties imposed by any ordinance or bylaw of a city, village , town sanitary dis trict or public inland lake protection and rehabilitation district may be taken either by the defendant or by the city, village, town sanitary district or public inland lake protection and rehabilitation district. Appeals from circuit court in actions to recover forfeitures for ordinances enacted under ch. 349 shall be to the court of appeals. An appeal by the defendant shall include a bond to the city, village, town sanitary dis trict or public inland lake protection and rehabilitation district with surety, to be ap proved by the judge, conditioned that if judgment is affirmed in whole or in part the defendant will pay the judgment and all costs and damages awarded against the de fendant on the appeal. If the judgment is affirmed in whole or in part, execution may issue against both the defendant and the surety.

SB585, s. 40 Section 40. 66.12 (3) (b) of the statutes is amended to read:

SB585,16,22 66.12 (3) (b) All forfeitures and penalties recovered for the violation of any ordi nance or bylaw of any 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) and s. 165.87. 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 rehabilita tion district, which report shall be certified and filed in the office of the treasurer; and the judge shall be 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.

SB585, s. 41 Section 41. 115.375 (2) (a) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB585,17,4 115.375 (2) (a) 2. "Public agency" means a county, city, village, town, public in land lake protection and rehabilitation district, town sanitary district or school dis trict or an agency of this state or of a county, city, village, town, public inland lake protection and rehabilitation district, town sanitary district or school district.

SB585, s. 42 Section 42. 165.85 (2) (d) of the statutes is amended to read:

SB585,17,7 165.85 (2) (d) "Political subdivision" means counties, cities, villages, towns, town sanitary districts and public inland lake protection and rehabilitation districts.

SB585, s. 43 Section 43. 814.63 (2) of the statutes is amended to read:

SB585,17,14 814.63 (2) Upon the disposition of a forfeiture action in circuit court for viola tion of a county, town, city, village, town sanitary district or public inland lake protec tion and rehabilitation district ordinance, except an action for a safety belt use viola tion under s. 347.48 (2m), the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district shall pay a nonrefundable fee of $5 to the clerk of circuit court.

SB585, s. 44 Section 44. 814.63 (4) of the statutes is amended to read:

SB585,17,20 814.63 (4) In forfeiture actions in which a county, town, city, village, town sani tary district or public inland lake protection and rehabilitation district prevails, costs and disbursements shall be allowed to the county, town, city, village, town sani tary district or public inland lake protection and rehabilitation district subject only to sub. (2) and such other limitation as the court may direct.

SB585,17,21 (End)