AB100: Bill Text

AB100,940,8 b. For any patient under this subdivision in a mental health institute or other inpatient facility for treatment of mental illness, the institute or other facility may transfer the patient to a nontreatment unit or facility established under s. 51.055 until the patient is released from the institute or other facility under s. 51.15 (6), 51.20 (8) (a), (13) (dm) or (16), 971.14 (4) (d) or (5) or 971.17 (4) or (5), discharged from commitment under s. 51.10, 51.13 (7), 51.15 (5), 51.20 (13) (g), 51.35 (4) or (4m), 51.37 (8) (a) or (9), 51.83 (2), 51.87 (10), 971.14 (6) (a) or 971.17 (6) or consents to the medication or treatment that is offered under a treatment plan.

AB100,941,2 c. For any patient under this subdivision, the treatment facility or treatment program may file a motion requesting the committing court or the court in the county in which the individual is located to enter an order requiring the patient to participate in the treatment that is offered, regardless of his or her consent, except that the court may not order involuntary administration of psychotropic medication. Within 10 days after the filing of the motion and with notice of the motion to the patient's counsel, if any, the patient and the applicable counsel under s. 51.20 (4), the court may enter the order if the court determines that the patient's interest in not consenting to the treatment in question is outweighed by the interest of the public and the patient in effective treatment of the conditions for which the patient was admitted to the system. The hearing under this subd. 1. c. shall meet the requirements of s. 51.20 (5), except for the right to a jury trial. At the request of the patient, the patient's counsel or applicable counsel under s. 51.20 (4), the hearing may be postponed, but in no case may the postponed hearing be held more than 20 days after a motion is filed. If the court determines that the patient's interest in not consenting to the treatment in question is outweighed by the interest of the public and the patient in effective treatment of the conditions for which the patient was admitted to the system, the court shall enter an order requiring the patient to participate in the offered treatment regardless of his or her consent.

AB100, s. 2153 Section 2153. 51.61 (1) (i) 2. of the statutes is amended to read:

AB100,942,5 51.61 (1) (i) 2. Patients in the maximum security facility at the Mendota mental health institute and patients who are transferred under par. (g) 5. b. may be locked in their rooms during the night shift and for a period of no longer than one hour and 30 minutes during each change of shift by staff to permit staff review of patient needs. Patients in the maximum security facility at the Mendota mental health institute and patients who are transferred under par. (g) 5. b. may also be locked in their rooms on a unit-wide or facility-wide basis as an emergency measure as needed for security purposes to deal with an escape or attempted escape, the discovery of a dangerous weapon in the unit or facility or the receipt of reliable information that a dangerous weapon is in the unit or facility or to prevent or control a riot or the taking of a hostage. A unit-wide or facility-wide emergency isolation order may only be authorized by the director of the unit or maximum security facility or his or her designee and shall be approved within one hour after it is authorized by the director of the Mendota mental health facility or the director's designee. An emergency order for unit-wide or facility-wide isolation may only be in effect for the period of time needed to preserve order while dealing with the situation and may not be used as a substitute for adequate staffing. During a period of unit-wide or facility-wide isolation, the status of each patient shall be reviewed every 30 minutes to ensure the safety and comfort of the patient and each patient who is locked in a room without a toilet shall be given an opportunity to use a toilet at least once every hour, or more frequently if medically indicated. Each unit in the maximum security facility at the Mendota mental health institute and each nontreatment unit or facility established under s. 51.055 shall have a written policy covering the use of isolation which ensures that the dignity of the individual is protected, that the safety of the individual is secured and that there is regular, frequent monitoring by trained staff to care for bodily needs as may be required. Each policy shall be reviewed and approved by the director of the Mendota mental health institute facility or the director's designee.

AB100, s. 2154 Section 2154. 51.61 (1) (m) of the statutes is amended to read:

AB100,942,14 51.61 (1) (m) Have a right to a humane psychological and physical environment within the hospital facilities. These facilities shall be designed to afford patients with comfort and safety, to promote dignity and ensure privacy. Facilities shall also be designed to make a positive contribution to the effective attainment of the treatment goals of the hospital. Nothing under this paragraph entitles a patient who is transferred under par. (g) 5. b. to conditions or facilities that are identical or substantially similar to those in which patients who consent to treatment are housed.

AB100, s. 2155 Section 2155. 51.61 (1) (x) of the statutes is amended to read:

AB100,942,22 51.61 (1) (x) Have the right to be treated with respect and recognition of the patient's dignity and individuality by all employes of the treatment facility or community mental health program and by licensed, certified, registered or permitted providers of health care with whom the patient comes in contact. Nothing under this paragraph entitles a patient who is transferred under par. (g) 5. b. to conditions or facilities that are identical or substantially similar to those in which patients who consent to treatment are housed.

AB100, s. 2156 Section 2156. 51.61 (6) of the statutes is amended to read:

AB100,943,14 51.61 (6) Subject to the rights of patients provided under this chapter, the department, county departments under s. 51.42 or 51.437 and any agency providing services under an agreement with the department or those county departments have the right to use customary and usual treatment techniques and procedures in a reasonable and appropriate manner in the treatment of patients who are receiving services under the mental health system, for the purpose of ameliorating the conditions for which the patients were admitted to the system. The written, informed consent of any patient shall first be obtained, unless the person has been found not competent to refuse medication and treatment as specified under sub. (1) (g) 2., 3., 3m. or 3r. or if sub. (1) (g) 5. c. applies. In the case of a minor, the written, informed consent of the parent or guardian is required. Except as provided under an order issued under s. 51.14 (3) (h) or (4) (g), if the minor is 14 years of age or older, the written, informed consent of the minor and the minor's parent or guardian is required. A refusal of either a minor 14 years of age or older or the minor's parent or guardian to provide written, informed consent for outpatient mental health treatment is reviewable under s. 51.14.

AB100, s. 2157 Section 2157. 51.62 (3m) of the statutes is amended to read:

AB100,943,19 51.62 (3m) Funding. From the appropriation under s. 20.435 (7) (md), the department shall may not distribute more than $75,000 in each fiscal year to the protection and advocacy agency for performance of community mental health protection and advocacy services.

AB100, s. 2158 Section 2158. 59.07 (1) of the statutes is amended to read:

AB100,943,23 59.07 (1) No action may be brought or maintained against a county upon a claim or upon a cause of action unless the claimant complies with s. 893.80. This subsection does not apply to actions commenced under s. 19.37 or, 19.97 or 281.99.

AB100, s. 2159 Section 2159. 59.23 (2) (j) of the statutes is amended to read:

AB100,944,6 59.23 (2) (j) (title) School taxes, records to department of education public instruction. Transmit to the department of education public instruction on the last Monday in December in each year certified copies of all resolutions adopted and proceedings of the board passed or had during the preceding year relating to the raising of any money for school purposes, and report the amount to be raised in each town in the county.

AB100, s. 2160 Section 2160. 59.25 (3) (f) 2. of the statutes is amended to read:

AB100,945,6 59.25 (3) (f) 2. For all court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 938.34 (8d) for the delinquency victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the domestic abuse assessment, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required by s. 29.9965 for the wild animal protection assessment, the amounts required by s. 29.997 for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required by s. 29.998 for natural resources restitution payments, transmit to the state treasurer a statement of all moneys required by law to be paid on the actions entered during the preceding month on or before the first day of the next succeeding month, certified by the county treasurer's personal signature affixed or attached thereto, and at the same time pay to the state treasurer the amount thereof.

AB100, s. 2161 Section 2161. 59.40 (2) (h) of the statutes is amended to read:

AB100,945,15 59.40 (2) (h) Except in counties that have designated a county support collection designee under s. 59.07 (97m) 59.53 (5m), keep a record of all payments and arrearages in payments ordered by the court under s. 948.22 (7) or ch. 767 or 769 and directed under s. 767.29 (1) to be paid to the clerk or county support collection designee or ordered by a court in another county or jurisdiction but enforced or received by the court of the clerk's county. If the department of health and family services industry, labor and job development operates a data system relating to those payments and arrearages, the clerk shall use that system to keep this record.

AB100, s. 2162 Section 2162. 59.40 (2) (h) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed.

AB100, s. 2163 Section 2163. 59.40 (2) (m) of the statutes is amended to read:

AB100,946,18 59.40 (2) (m) Pay monthly to the treasurer for the use of the state the state's percentage of the fees required to be paid on each civil action, criminal action and special proceeding filed during the preceding month and pay monthly to the treasurer for the use of the state the percentage of court imposed fines and forfeitures required by law to be deposited in the state treasury, the amounts required by s. 165.87 (2) (b) for the penalty assessment surcharge, the amounts required by s. 165.755 for the crime laboratories assessment, the amounts required by s. 167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the crime victim and witness assistance surcharge, the amounts required by s. 938.34 (8d) for the delinquency victim and witness assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required by s. 961.41 (5) for the drug abuse program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by s. 253.06 (4) (c) for the enforcement assessment under the supplemental food program for women, infants and children, the amounts required by s. 346.655 for the driver improvement surcharge, the amounts required by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s. 299.93 for the environmental assessment, the amounts required under s. 29.9965 for the wild animal protection assessment, the amounts required under s. 29.997 (1) (d) for the natural resources assessment surcharge, the amounts required by s. 29.9967 for the fishing shelter removal assessment, the amounts required by s. 350.115 for the snowmobile registration restitution payment and the amounts required under s. 29.998 (1) (d) for the natural resources restitution payments. The payments shall be made by the 15th day of the month following receipt thereof.

AB100, s. 2164 Section 2164. 59.43 (1) (u) of the statutes is amended to read:

AB100,946,22 59.43 (1) (u) Submit that portion of recording fees collected under sub. (2) (ag) 1. and (e) and not retained by the county to the land information board department of administration under s. 59.72 (5).

AB100, s. 2165 Section 2165. 59.53 (5) of the statutes is amended to read:

AB100,947,14 59.53 (5) Child and spousal support; paternity program; medical support liability program. The board shall contract with the department of industry, labor and job development to implement and administer the child and spousal support and establishment of paternity and the medical support liability programs provided for by Title IV of the federal social security act. The board may designate by board resolution any office, officer, board, department or agency, except the clerk of circuit court, as the county designee child support agency. The board or its designee county child support agency shall implement and administer the programs in accordance with the contract with the department of industry, labor and job development. The attorneys responsible for support enforcement under sub. (6) (a), family court commissioner, clerk of court and all other county officials shall cooperate with the county and the department of industry, labor and job development as necessary to provide the services required under the programs. The county shall charge the fee established by the department of industry, labor and job development under s. 49.22 for services provided under this subsection to persons not receiving benefits under s. 49.148, 49.153 or 49.155 or assistance under s. 46.261, 49.19 or 49.47.

AB100, s. 2166 Section 2166. 59.53 (5) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is renumbered 59.53 (5) (a) and amended to read:

AB100,948,6 59.53 (5) (a) The board shall contract with the department of industry, labor and job development to implement and administer the child and spousal support and establishment of paternity and the medical support liability programs provided for by Title IV of the federal social security act. The board may designate by board resolution any office, officer, board, department or agency except the clerk of circuit court, as the county child support agency. The board or county child support agency shall implement and administer the programs in accordance with the contract with the department of industry, labor and job development. The attorneys responsible for support enforcement under sub. (6) (a), family court commissioner and all other county officials shall cooperate with the county and the department of industry, labor and job development as necessary to provide the services required under the programs. The county shall charge the fee established by the department of industry, labor and job development under s. 49.22 for services provided under this subsection paragraph to persons not receiving benefits under s. 49.148, 49.153 or 49.155 or assistance under s. 46.261, 49.19 or 49.47.

AB100, s. 2167 Section 2167. 59.53 (5) (b) of the statutes is created to read:

AB100,948,16 59.53 (5) (b) The county child support agency under par. (a) shall electronically enter into the statewide data system related to child and spousal support payments that is operated by the department of industry, labor and job development the terms of any order made or judgment granted in the circuit court of the county requiring payments under s. 948.22 (7) or ch. 767 or 769 that are directed under s. 767.29 (1) to be paid to the department of industry, labor and job development or its designee. The county child support agency shall enter the terms of any such order or judgment within the time required by federal law and shall enter revisions ordered by the court to any order or judgment the terms of which are maintained on the data system.

AB100, s. 2168 Section 2168. 59.53 (5m) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed.

AB100, s. 2169 Section 2169. 59.53 (5m) (a) of the statutes is amended to read:

AB100,949,2 59.53 (5m) (a) Subject to approval of the department of health and family services industry, labor and job development under par. (am), designate by resolution any office, officer, board, department or agency as the county support collection designee to receive and disburse child and spousal support payments ordered by the court under s. 948.22 (7) and child and family support payments and maintenance payments ordered by the court or the family court commissioner under ch. 767 or ordered by a court in another county or jurisdiction but enforced or received by the court of the support collection designee's county.

AB100, s. 2170 Section 2170. 59.53 (5m) (am) of the statutes is amended to read:

AB100,949,13 59.53 (5m) (am) A county board that makes a designation under par. (a) shall send a copy of the resolution to the department of health and family services industry, labor and job development. Within 60 days after receiving the copy of the resolution, the department of health and family services industry, labor and job development shall notify the county board in writing of whether the department approves or disapproves the designation. If the department disapproves the designation, it shall specify the reasons for disapproval in the notice. If the department does not notify the county board of the department's approval or disapproval within 60 days after receipt of the copy of the resolution, the designation is approved.

AB100, s. 2171 Section 2171. 59.53 (5m) (b) 1. of the statutes is amended to read:

AB100,949,19 59.53 (5m) (b) 1. Keep a record of all payments received and disbursed and of arrearages in payments. If the department of health and family services industry, labor and job development operates a data system relating to those payments and arrearages, the county support collection designee shall use that system to keep this record.

AB100, s. 2172 Section 2172. 59.53 (5m) (b) 2. of the statutes is amended to read:

AB100,949,25 59.53 (5m) (b) 2. Cooperate with the department of health and family services industry, labor and job development with respect to the child and spousal support and establishment of paternity and medical liability support program under sub. (97) (5) and s. 46.25 49.22, and provide that department with any information from the record under subd. 1. that it requires to administer that program.

AB100, s. 2173 Section 2173. 59.58 (3) (d) 2. of the statutes is amended to read:

AB100,950,5 59.58 (3) (d) 2. School bus transportation businesses or systems that are engaged primarily in the transportation of children to or from school, and which are subject to the regulatory jurisdiction of the department of transportation and the department of education public instruction.

AB100, s. 2174 Section 2174. 59.64 (1) (a) of the statutes is amended to read:

AB100,950,12 59.64 (1) (a) In general. Every person, except jurors, witnesses and interpreters, and except physicians or other persons who are entitled to receive from the county fees for reporting to the register of deeds births or deaths, which have occurred under their care, having any claim against any county shall comply with s. 893.80. This subsection paragraph does not apply to actions commenced under s. 19.37 or, 19.97 or 281.99.

AB100, s. 2175 Section 2175. 59.72 (3) (b) of the statutes is amended to read:

AB100,950,17 59.72 (3) (b) Within 2 years after the land information office is established, develop and receive approval for a countywide plan for land records modernization. The plan shall be submitted for approval to the land information board department of administration for approval under s. 16.967 (3) (e).

AB100, s. 2176 Section 2176. 59.72 (3) (c) of the statutes is amended to read:

AB100,950,21 59.72 (3) (c) Review and recommend projects from local governmental units for grants from the land information board department of administration under s. 16.967 (7).

AB100, s. 2177 Section 2177. 59.72 (4) of the statutes is amended to read:

AB100,950,25 59.72 (4) Aid to counties. A board that has established a land information office under sub. (3) may apply to the land information board department of administration for a grant for a land information project under s. 16.967 (7).

AB100, s. 2178 Section 2178. 59.72 (5) (a) of the statutes is amended to read:

AB100,951,5 59.72 (5) (a) Before the 16th day of each month a register of deeds shall submit to the land information board department of administration $6 from the fee for recording the first page of each instrument that is recorded under s. 59.43 (2) (ag) 1. and (e), less any amount retained by the county under par. (b).

AB100, s. 2179 Section 2179. 60.33 (9) (a) of the statutes is amended to read:

AB100,951,8 60.33 (9) (a) Perform the clerk's duties under chs. 115 to 121, relating to education public instruction.

AB100, s. 2180 Section 2180. 60.44 (1) (a) of the statutes is amended to read:

AB100,951,13 60.44 (1) (a) Claims for money against a town or against officers, officials, agents or employes of the town arising out of acts done in their official capacity shall be filed with the town clerk as provided under s. 893.80 (1) (b). This paragraph does not apply to actions commenced under s. 19.37 or, 19.97 or 281.99.

AB100, s. 2181 Section 2181. 60.44 (3) of the statutes is amended to read:

AB100,951,19 60.44 (3) Court actions to recover claims. Subsection (2), or an ordinance adopted under that subsection, does not affect the applicability of s. 893.80. No action may be brought or maintained against a town upon a claim unless the claimant complies with s. 893.80. This subsection does not apply to actions commenced under s. 19.37 or, 19.97 or 281.99.

AB100, s. 2182 Section 2182. 61.34 (4) of the statutes is amended to read:

AB100,952,8 61.34 (4) Village finances. The village board may levy and provide for the collection of taxes and special assessments; may refund any tax or special assessment paid, or any part thereof, when satisfied that the same was unjust or illegal; and generally may manage the village finances. The village board may loan money to any school district located within the village or within which the village is wholly or partially located in such sums as are needed by such district to meet the immediate expenses of operating the schools thereof, and the board of the district may borrow money from such village accordingly and give its note therefor. No such loan shall be made to extend beyond August 30 next following the making thereof or in an amount exceeding one-half of the estimated receipts for such district as certified by the department of education state superintendent of public instruction and the local school clerk. The rate of interest on any such loan shall be determined by the village board.

AB100, s. 2183 Section 2183. 62.12 (9) of the statutes is amended to read:

AB100,952,18 62.12 (9) Loans. The council may loan money to any school district located within the city, or within which the city is wholly or partially located, in such sums as are needed by such district to meet the immediate expenses of operating the schools thereof, and the board of the district may borrow money from such city accordingly and give its note therefor. No such loan shall be made to extend beyond August 30 next following the making thereof or in an amount exceeding one-half of the estimated receipts for such district as certified by the department of education state superintendent of public instruction and the local school clerk. The rate of interest on any such loan shall be determined by the city council.

AB100, s. 2184 Section 2184. 62.25 (1) of the statutes is amended to read:

AB100,952,22 62.25 (1) Claims. No action may be brought or maintained against a city upon a claim or cause of action unless the claimant complies with s. 893.80. This subsection does not apply to actions commenced under s. 19.37 or, 19.97 or 281.99.

AB100, s. 2185 Section 2185. 65.90 (3) (c) of the statutes is amended to read:

AB100,953,5 65.90 (3) (c) The department of education public instruction under s. 115.28, the department of revenue under s. 73.10 and the technical college system board under s. 38.04 shall encourage and consult with interested public and private organizations regarding the budget summary information required under pars. (a) and (b). The department of education public instruction and the technical college system board shall specify the revenue and expenditure detail that is required under par. (b) 1. and 2. for school districts and for technical college districts.

AB100, s. 2186 Section 2186. 66.013 (2) (a) of the statutes is amended to read:

AB100,953,8 66.013 (2) (a) "Department" means the department of commerce administration.

AB100, s. 2187 Section 2187. 66.02 of the statutes is amended to read:

AB100,954,6 66.02 Consolidation. Subject to s. 66.023 (7), any town, village or city may be consolidated with a contiguous town, village or city, by ordinance, passed by a two-thirds vote of all the members of each board or council, fixing the terms of the consolidation and ratified by the electors at a referendum held in each municipality. The ballots shall bear the words, "for consolidation", and "against consolidation", and if a majority of the votes cast thereon in each municipality are for consolidation, the ordinances shall then be in effect and have the force of a contract. The ordinance and the result of the referendum shall be certified as provided in s. 66.018 (5); if a town the certification shall be preserved as provided in ss. 60.03 and 66.018 (5), respectively. Consolidation shall not affect the preexisting rights or liabilities of any municipality and actions thereon may be commenced or completed as though no consolidation had been effected. Any consolidation ordinance proposing the consolidation of a town and another municipality shall, within 10 days after its adoption and prior to its submission to the voters for ratification at a referendum, be submitted to the circuit court and the department of commerce administration for a determination whether such proposed consolidation is in the public interest. The circuit court shall determine whether the proposed ordinance meets the formal requirements of this section and shall then refer the matter to the department of commerce administration, which shall find as prescribed in s. 66.014 whether the proposed consolidation is in the public interest in accordance with the standards in s. 66.016. The department's findings shall have the same status as incorporation findings under ss. 66.014 to 66.019.

AB100, s. 2188 Section 2188. 66.021 (7) (a) of the statutes is amended to read:

AB100,954,22 66.021 (7) (a) An ordinance for the annexation of the territory described in the annexation petition may be enacted by a two-thirds vote of the elected members of the governing body not less than 20 days after the publication of the notice of intention to circulate the petition and not later than 120 days after the date of filing with the city or village clerk of the petition for annexation or of the referendum election if favorable to the annexation. If the annexation is subject to sub. (11) the governing body shall first review the reasons given by the department of commerce administration that the proposed annexation is against the public interest. Subject to s. 59.692 (7), such an ordinance may temporarily designate the classification of the annexed area for zoning purposes until the zoning ordinance is amended as prescribed in s. 62.23 (7) (d). Before introduction of an ordinance containing such temporary classification, the proposed classification shall be referred to and recommended by the plan commission. The authority to make such temporary classification shall not be effective when the county ordinance prevails during litigation as provided in s. 59.69 (7).

AB100, s. 2189 Section 2189. 66.021 (8) (b) of the statutes is amended to read:

AB100,955,6 66.021 (8) (b) Within 10 days of receipt of the ordinance, certificate and plat, the secretary of state shall forward 2 copies of the ordinance, certificate and plat to the department of transportation, one copy to the department of administration, one copy to the department of revenue, one copy to the department of education public instruction, one copy to the department of commerce, one copy to the department of natural resources, one copy to the department of agriculture, trade and consumer protection and 2 copies to the clerk of the municipality from which the territory was annexed.

AB100, s. 2190 Section 2190. 66.021 (11) (a) of the statutes is amended to read:

AB100,955,20 66.021 (11) (a) Annexations within populous counties. No annexation proceeding within a county having a population of 50,000 or more shall be valid unless the person causing a notice of annexation to be published under sub. (3) shall within 5 days of the publication mail a copy of the notice, legal description and a scale map of the proposed annexation to the clerk of each municipality affected and the department of commerce administration. The department may within 20 days after receipt of the notice mail to the clerk of the town within which the territory lies and to the clerk of the proposed annexing village or city a notice that in its opinion the annexation is against the public interest. No later than 10 days after mailing the notice, the department shall advise the clerk of the town in which the territory is located and the clerk of the village or city to which the annexation is proposed of the reasons the annexation is against the public interest as defined in par. (c). The annexing municipality shall review the advice before final action is taken.

AB100, s. 2191 Section 2191. 66.021 (11) (c) (intro.) of the statutes is amended to read:

AB100,955,24 66.021 (11) (c) Definition of public interest. (intro.) For purposes of this subsection public interest is determined by the department of commerce administration after consideration of the following:

AB100, s. 2192 Section 2192. 66.021 (12) of the statutes is amended to read:

AB100,956,13 66.021 (12) Unanimous approval. If a petition for direct annexation signed by all of the electors residing in the territory and the owners of all of the real property in the territory is filed with the city or village clerk, and with the town clerk of the town or towns in which the territory is located, together with a scale map and a legal description of the property to be annexed, an annexation ordinance for the annexation of the territory may be enacted by a two-thirds vote of the elected members of the governing body of the city or village without compliance with the notice requirements of sub. (3). In such annexations, subject to sub. (11), the person filing the petition with the city or village clerk and the town clerk shall, within 5 days of the filing, mail a copy of the scale map and a legal description of the territory to be annexed to the department of commerce administration and the governing body shall review the advice of the department, if any, before enacting the annexation ordinance.

AB100, s. 2193 Section 2193. 66.021 (15) of the statutes is amended to read:

AB100,957,9 66.021 (15) Annexation of town islands. Upon its own motion, a city or village by a two-thirds vote of the entire membership of its governing body may enact an ordinance annexing territory which comprises a portion of a town or towns and which was completely surrounded by territory of the city or village on December 2, 1973. The ordinance shall include all surrounded town areas except those exempt by mutual agreement of all of the governing bodies involved. The annexation ordinance shall contain a legal description of the territory and the name of the town or towns from which the territory is detached. Upon enactment of the ordinance, the city or village clerk immediately shall file 6 certified copies of the ordinance in the office of the secretary of state, together with 6 copies of a scale map. The secretary of state shall forward 2 copies of the ordinance and scale map to the department of transportation, one copy to the department of natural resources, one copy to the department of revenue and one copy to the department of commerce administration. This subsection does not apply if the town island was created only by the annexation of a railroad right-of-way or drainage ditch. This subsection does not apply to land owned by a town government which has existing town government buildings located thereon. No town island may be annexed under this subsection if the island consists of over 65 acres or contains over 100 residents. After December 2, 1973, no city or village may, by annexation, create a town area which is completely surrounded by the city or village.

AB100, s. 2194 Section 2194. 66.023 (1) (a) of the statutes is amended to read:

AB100,957,12 66.023 (1) (a) "Department" means the department of commerce administration.

AB100, s. 2195 Section 2195. 66.025 of the statutes is amended to read:

AB100,958,2 66.025 Annexation of owned territory. In addition to other methods provided by law and subject to ss. 59.692 (7) and 66.023 (7), territory owned by and lying near but not necessarily contiguous to a village or city may be annexed to a village or city by ordinance enacted by the board of trustees of the village or the common council of the city, provided that in the case of noncontiguous territory the use of the territory by the city or village is not contrary to any town or county zoning regulation. The ordinance shall contain the exact description of the territory annexed and the names of the towns from which detached, and shall operate to attach the territory to the village or city upon the filing of 6 certified copies thereof in the office of the secretary of state, together with 6 copies of a plat showing the boundaries of the territory attached. Two copies of the ordinance and plat shall be forwarded by the secretary of state to the department of transportation, one copy to the department of natural resources, one copy to the department of revenue and one copy to the department of education public instruction.

AB100, s. 2196 Section 2196. 66.03 (2c) (a) 2. of the statutes is amended to read: