AB710,189,2
166.0117 (title)
Judgment against
municipalities, etc. local
2governmental units.
AB710,189,14
3(2) (a)
When If a final judgment for the payment of money
shall be
is recovered
4against a
town, village, city, county, school district, technical college district, town
5sanitary district, public inland lake protection and rehabilitation district or
6community center local governmental unit, or
against any an officer
thereof, in any
7action by or against the officer in the officer's name of office
of the local governmental
8unit, when the judgment
should is to be paid by
such municipality the local
9governmental unit, the judgment creditor
, or the judgment creditor's assignee or
10attorney, may file
a statement with the clerk of circuit court
a certified transcript of
11the judgment, together with the judgment creditor's affidavit of payments made, if
12any, and the amount due and that the judgment has not been appealed from or
13removed to another court, or if so appealed or removed has been affirmed
. The clerk
14of circuit court shall send a copy of the statement to the appropriate municipal clerk.
AB710,189,2215
(b)
The If a statement is filed under par. (a), the amount due, with costs and
16interest to the time when the money will be available for payment, shall be added to
17the next tax levy, and shall, when received, be paid to satisfy the judgment. If the
18judgment is appealed after filing the transcript with the clerk of circuit court, and
19before the tax is collected, the money shall not be collected on that levy. If the
20municipal clerk
of circuit court fails to include the proper amount in the first tax levy,
21he or she shall include it or
such the portion
as is required to complete it in the next
22levy.
AB710,190,2
23(3) In the case of school districts, town sanitary districts
, or public inland lake
24protection and rehabilitation districts
or community centers, transcript and affidavit 25a statement shall be filed with the clerk of the town, village or city in which the
1district or any part of it lies, and levy shall be made against the taxable property of
2the district
or center.
AB710,190,6
3(4) No process for the collection of
such a judgment shall issue until after the
4time when the money, if collected upon the first tax levy
as herein provided, would
5be under sub. (2) (b), is available for payment, and then only by leave of court upon
6motion.
AB710,190,10
7(5) If by reason of dissolution or other cause, pending action, or after judgment,
8the transcript a statement cannot be filed with the clerk
therein designated 9described in sub. (2) (a) or (3), it shall be filed with the clerk or clerks whose duty it
10is to make up the tax roll for the property liable.
AB710, s. 256
11Section
256. Subchapter IX (title) of chapter 66 [precedes 66.0901] of the
12statutes is created to read:
AB710,190,1313
Chapter 66
AB710,190,1514
Subchapter IX
15
public works and projects
AB710, s. 257
16Section
257. 66.0901 (1) (intro.) of the statutes is created to read:
AB710,190,1717
66.0901
(1) (intro.) In this section:
AB710, s. 258
18Section
258
. 66.0901 (9) (a) of the statutes is created to read:
AB710,190,2019
66.0901
(9) (a) Notwithstanding sub. (1) (a), in this subsection, "municipality"
20does not include the department of transportation.
AB710, s. 259
21Section
259. 66.091 of the statutes is renumbered 893.81.
AB710, s. 260
22Section
260
. 66.092 of the statutes is renumbered 66.0409.
AB710, s. 261
23Section
261
. 66.0923 (5) of the statutes is created to read:
AB710,191,3
166.0923
(5) Auditorium board. (a) The ordinance shall provide for the
2establishment of a joint county-city auditorium board to be composed of all of the
3following:
AB710,191,64
1. The mayor or chief executive of the city, and the chairperson of the county
5board, who shall serve as members of the board during their respective terms of
6office.
AB710,191,87
2. Four members to be appointed by the county board chairperson and
8confirmed by the county board.
AB710,191,109
3. Four members to be appointed by the mayor or other chief executive officer
10of the city and confirmed by the city council.
AB710,191,1811
(b) Under par. (a) 2. and 3., the initial term of one member shall be one year,
12the initial term of one member shall be 2 years, the initial term of one member shall
13be 3 years and the initial term of one member shall be 4 years. The respective
14successors of the members under par. (a) 2. and 3. shall be appointed and confirmed
15for terms of 4 years. All appointees shall serve until their successors are appointed
16and qualified. Terms shall begin as specified in the ordinance. Vacancies shall be
17filled for the unexpired term in the manner in which the original appointment was
18made.
AB710,191,2019
(c) The mayor or chief executive of the city, and the county board chairperson,
20each may appoint not more than 2 public officials to the board under par. (a).
AB710, s. 262
21Section
262. 66.0927 (1) (am) of the statutes is created to read:
AB710,191,2222
66.0927
(1) (am) "Hospital" means a general county-city hospital.
Note: Repealed as unnecessary. This section provides alternative means of
publication when ss. 66.01 to 66.08 require publication in the official paper of a
municipality other than a city and there is no official newspaper. Chapter 985,
relating to publication of legal notices, covers the subject matter of the repealed
section.
AB710, s. 264
1Section
264. Subchapter X (title) of chapter 66 [precedes 66.1001] of the
2statutes is created to read:
AB710,192,64
subchapter x
5
planning, housing
6
and transportation
AB710, s. 265
7Section
265. 66.1003 (1) of the statutes is created to read:
AB710,192,98
66.1003
(1) In this section, "public way" means all or any part of a road, street,
9slip, pier, lane or paved alley.
AB710, s. 266
10Section
266. 66.1019 (title) of the statutes is created to read:
AB710,192,11
1166.1019 (title)
Housing codes to conform to state law.
AB710, s. 267
12Section
267. 66.11 of the statutes is renumbered 66.0501, and 66.0501 (1), (2)
13and (3), as renumbered, are amended to read:
AB710,192,1814
66.0501
(1) Deputy sheriffs and municipal police. No person
shall may be
15appointed deputy sheriff of any county or police officer for any city, village or town
16unless that person is a citizen of the United States. This section
shall does not
affect 17apply to common carriers
, nor apply
or to a deputy sheriff not required to take an oath
18of office.
AB710,193,10
19(2) Eligibility of other officers. Except as expressly authorized by statute,
20no member of a town, village or county board, or city council,
shall, during the term
21for which the member is elected,
be is eligible for any office or position which during
22such that term has been created by, or the selection to which is vested in,
such
the 23board or council, but
such the member
shall be is eligible for any elective office. The
1governing body may be represented on city, village or town boards and commissions
2where no additional
remuneration compensation, except a per diem, is paid
such to
3the representatives
of the governing body and may fix the tenure of
such these 4representatives notwithstanding any other statutory provision.
A representative of
5a governing body who is a member of a city, village or town board or commission may
6receive a per diem only if the remaining members of the board or commission may
7receive a per diem. This subsection
shall does not apply to a member of any
such 8board or council
described in this subsection who resigns from
said the board or
9council before being appointed to an office or position which was not created during
10the member's term in office.
AB710,193,16
11(3) Appointments on consolidation of offices. Whenever offices are
12consolidated, the occupants of which are members of the same statutory committee
13or board and which are serving in that office because of holding another office or
14position, the common council or village board may designate another officer or
15officers or make
such any additional appointments as may be necessary to procure
16the 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.
AB710, s. 268
17Section
268. Subchapter XI (title) of chapter 66 [precedes 66.1101] of the
18statutes is created to read:
AB710,193,1919
chapter 66
AB710,193,2120
subchapter xi
21
development
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.
AB710, s. 270
1Section
270
. 66.113 of the statutes is renumbered 66.0515 and amended to
2read:
AB710,194,8
366.0515 Receipts for fees. Every officer
or employe upon receiving fees
for
4any official duty or service shall, if
required
requested to do so by the person paying
5the
same fees, deliver to
the that person
paying a particular receipted account of such 6a receipt for the fees, specifying for
what they which account each portion of the fees 7respectively accrued
; and if the officer fails to do so the officer shall be liable to the
8party 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.
AB710, s. 271
9Section
271. 66.114 of the statutes is renumbered 66.0111, and 66.0111 (title),
10(1), (2) and (4), as renumbered, are amended to read:
AB710,194,18
1166.0111 (title)
Bail Bond or cash deposit under municipal ordinances. 12(1) When any If a person is arrested for the violation of a city, village or town
13ordinance and the action is to be in circuit court, the chief of police or police officer
14designated by the chief, marshal or clerk of court may accept from the person a bond,
15in an amount not to exceed the maximum penalty for the violation, with sufficient
16sureties, or
the person's personal bond upon depositing the amount thereof in money 17a cash deposit, for appearance in the court having jurisdiction of the offense. A
18receipt shall be issued
therefor for the bond or cash deposit.
AB710,195,6
19(2) (a) If the person
so arrested and released fails to appear, personally or by
20an authorized attorney or agent, before the court at the time fixed for hearing
of the
1case,
then the bond and money deposited, or
such portion thereof as an amount that 2the court
may determine determines to be an adequate penalty, plus costs, including
3any applicable fees prescribed in ch. 814, may be declared forfeited by the court or
4may be ordered applied
upon to the payment of any penalty which
may be is imposed
5after an ex parte hearing
, together with the costs. In either event,
the any surplus
,
6if any, shall be refunded to the person who made the deposit.
AB710,195,107
(b)
The provisions of this This subsection
shall does not apply to violations of
8parking ordinances. Bond or
bail cash deposit given for appearance to answer a
9charge under any
such parking ordinance may be forfeited in the manner determined
10by the governing body.
AB710,195,11
11(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.
AB710, s. 272
12Section
272. 66.115 of the statutes is renumbered 66.0109 and amended to
13read:
AB710,195,17
1466.0109 Penalties under county and municipal ordinances. Where If a
15statute requires that the penalty under any county or municipal ordinance
shall 16conform to the penalty provided by statute
such the ordinance may impose only a
17forfeiture and may provide for imprisonment
in case
if the forfeiture is not paid.
AB710, s. 273
18Section
273. 66.117 of the statutes is renumbered 66.0115.
AB710, s. 274
19Section
274. 66.119 (title) and (1) (title), (a) and (b) (intro.) and 1. to 6. of the
20statutes are renumbered 66.0113 (title) and (1) (title), (a) and (b) (intro.) and 1. to 6.,
21and 66.0113 (1) (a) (intro.) and (b) 5., as renumbered, are amended to read:
AB710,196,322
66.0113
(1) (a) (intro.)
The Except as provided in sub. (5), the governing body
23of
any a county, town, city, village, town sanitary district or public inland lake
1protection and rehabilitation district may by ordinance adopt and authorize the use
2of a citation
under this section to be issued for violations of ordinances, including
3ordinances for which a statutory counterpart exists.
AB710,196,54
(b) 5. A designation of the offense in
such a manner
as that can be readily
5understood by a person making a reasonable effort to do so.
AB710, s. 275
6Section
275. 66.119 (1) (b) 7. to 9. and (c), (2) and (3) (title) of the statutes, as
7affected by
1999 Wisconsin Act 9, are renumbered 66.0113 (1) (b) 7. to 9. and (c), (2)
8and (3) (title).
AB710, s. 276
9Section
276. 66.119 (3) (a) to (d) of the statutes, as affected by
1999 Wisconsin
10Act 9, are renumbered 66.0113 (3) (a) to (d), and 66.0113 (3) (a), (c) and (d), as
11renumbered, are amended to read:
AB710,196,2012
66.0113
(3) (a) The person named as the alleged violator in a citation may
13appear in court at the time specified in the citation or may mail or deliver personally
14a cash deposit in the amount, within the time and to the court, clerk of court or other
15official specified in the citation. If a person makes a cash deposit, the person may
16nevertheless appear in court at the time specified in the citation,
provided that but 17the cash deposit may be retained for application against any forfeiture, restitution,
18penalty assessment, jail assessment, crime laboratories and drug law enforcement
19assessment, consumer information assessment or domestic abuse assessment that
20may be imposed.
AB710,197,2421
(c) If the alleged violator makes a cash deposit and fails to appear in court, the
22citation may serve as the initial pleading and the violator shall be considered to have
23tendered a plea of no contest and submitted to a forfeiture, the penalty assessment
24imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime
25laboratories and drug law enforcement assessment imposed by s. 165.755, any
1applicable consumer information assessment imposed by s. 100.261 and any
2applicable domestic abuse assessment imposed by s. 973.055 (1) not exceeding the
3amount of the deposit. The court may either accept the plea of no contest and enter
4judgment accordingly or reject the plea. If the court finds the violation meets the
5conditions in s. 800.093 (1), the court may summon the alleged violator into court to
6determine if restitution shall be ordered under s. 800.093. If the court accepts the
7plea of no contest, the defendant may move within 10 days after the date set for the
8appearance to withdraw the plea of no contest, open the judgment and enter a plea
9of not guilty if the defendant shows to the satisfaction of the court that the failure
10to appear was due to mistake, inadvertence, surprise or excusable neglect. If the plea
11of no contest is accepted and not subsequently changed to a plea of not guilty, no costs
12or fees may be taxed against the violator, but a penalty assessment, a jail assessment,
13a crime laboratories and drug law enforcement assessment and, if applicable, a
14consumer information assessment or a domestic abuse assessment shall be assessed.
15If the court rejects the plea of no contest, an action for collection of the forfeiture,
16penalty assessment, jail assessment, crime laboratories and drug law enforcement
17assessment, any applicable consumer information assessment and any applicable
18domestic abuse assessment may be commenced. A city, village, town sanitary district
19or public inland lake protection and rehabilitation district may commence action
20under s.
66.12 66.0114 (1) and a county or town may commence action under s.
21778.10. The citation may be used as the complaint in the action for the collection of
22the forfeiture, penalty assessment, jail assessment, crime laboratories and drug law
23enforcement assessment, any applicable consumer information assessment and any
24applicable domestic abuse assessment.
AB710,198,25
1(d) If the alleged violator does not make a cash deposit and fails to appear in
2court at the time specified in the citation, the court may issue a summons or warrant
3for the defendant's arrest or consider the nonappearance to be a plea of no contest
4and enter judgment accordingly if service was completed as provided under par. (e)
5or the county, town, city, village, town sanitary district or public inland lake
6protection and rehabilitation district may commence an action for collection of the
7forfeiture, penalty assessment, jail assessment and crime laboratories and drug law
8enforcement assessment, any applicable consumer information assessment and any
9applicable domestic abuse assessment. A city, village, town sanitary district or
10public inland lake protection and rehabilitation district may commence action under
11s.
66.12 66.0114 (1) and a county or town may commence action under s. 778.10. The
12citation may be used as the complaint in the action for the collection of the forfeiture,
13penalty assessment, jail assessment and crime laboratories and drug law
14enforcement assessment, any applicable consumer information assessment and any
15applicable domestic abuse assessment. If the court considers the nonappearance to
16be a plea of no contest and enters judgment accordingly, the court shall promptly mail
17a copy or notice of the judgment to the defendant. The judgment shall allow the
18defendant not less than 20 days from the date of the judgment to pay any forfeiture,
19penalty assessment, jail assessment and crime laboratories and drug law
20enforcement assessment, any applicable consumer information assessment and any
21applicable domestic abuse assessment imposed. If the defendant moves to open the
22judgment within 6 months after the court appearance date fixed in the citation, and
23shows to the satisfaction of the court that the failure to appear was due to mistake,
24inadvertence, surprise or excusable neglect, the court shall reopen the judgment,
25accept a not guilty plea and set a trial date.
AB710, s. 277
1Section
277. 66.119 (3) (e), (4) and (5) of the statutes are renumbered 66.0113
2(3) (e), (4) and (5), and 66.0113 (4), as renumbered, is amended to read:
AB710,199,103
66.0113
(4) Relationship to other laws. The adoption and authorization for
4use of a citation under this section
shall does not preclude the governing body from
5adopting any other ordinance or providing for the enforcement of any other law or
6ordinance relating to the same or any other matter. The issuance of a citation under
7this section
shall does not preclude
the proceeding under any other ordinance or law
8relating to the same or any other matter.
The proceeding Proceeding under any other
9ordinance or law relating to the same or any other matter
shall does not preclude the
10issuance of a citation under this section.
AB710, s. 278
11Section
278. 66.12 (title) and (1) (title) and (a) of the statutes, as affected by
121999 Wisconsin Act 9, are renumbered 66.0114 (title) and (1) (title) and (a), and
1366.0114 (1) (a), as renumbered, is amended to read:
AB710,200,1314
66.0114
(1) (a) An action for violation of an ordinance or bylaw enacted by a city,
15village, town sanitary district or public inland lake protection and rehabilitation
16district is a civil action. All forfeitures and penalties imposed by
any an ordinance
17or bylaw of the city, village, town sanitary district or public inland lake protection and
18rehabilitation district, except as provided in ss. 345.20 to 345.53, may be collected in
19an action in the name of the city or village before the municipal court or in an action
20in the name of the city, village, town sanitary district or public inland lake protection
21and rehabilitation district before a court of record. If the action is in municipal court,
22the procedures under ch. 800 apply and the procedures under this section do not
23apply. If the action is in a court of record, it shall be commenced by warrant or
24summons under s. 968.04 or, if applicable, by citation under s. 778.25 or 778.26. A
25law enforcement officer may arrest the offender in all cases without warrant under
1s. 968.07.
The affidavit where If the action is commenced by warrant
the affidavit 2may be the complaint. The affidavit or complaint
shall be is sufficient if it alleges
3that the defendant has violated an ordinance or bylaw, specifying the ordinance or
4bylaw by section, chapter, title or otherwise with sufficient plainness to identify the
5ordinance or bylaw. The judge may release a defendant without
bail a cash deposit 6or may permit him or her to execute an unsecured appearance bond upon arrest. In
7arrests without a warrant or summons a statement on the records of the court of the
8offense charged
shall stand as is the complaint unless the court directs that
a formal
9complaint be issued. In all actions under this paragraph the defendant's plea shall
10be guilty, not guilty or no contest and shall be entered as not guilty on failure to plead
,
11which. A plea of not guilty
shall put on failure to plead puts all matters in the case
12at issue, any other provision of law notwithstanding.
The defendant may enter a not
13guilty plea by certified mail.
Note: Reference to "bail" in sub. (1) (a) is changed to "cash deposit" for
consistency of reference in the statutes.
AB710,201,516
66.0114
(1) (b) Local ordinances, except as provided in this paragraph or ss.
17345.20 to 345.53, may contain a provision for stipulation of guilt or no contest of any
18or all violations under those ordinances,
and may designate the manner in which the
19stipulation is to be made and
may fix the penalty to be paid. When a person charged
20with a violation for which stipulation of guilt or no contest is authorized makes a
21timely stipulation
and, pays the required penalty and pays the penalty assessment
22imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime
23laboratories and drug law enforcement assessment imposed by s. 165.755, any
1applicable consumer information assessment imposed by s. 100.261 and any
2applicable domestic abuse assessment imposed by s. 973.055 (1) to the designated
3official, the person need not appear in court and no witness fees or other additional
4costs may be taxed unless the local ordinance so provides. A court appearance is
5required for a violation of a local ordinance in conformity with s. 346.63 (1).
AB710,201,24
6(bm) The official receiving the penalties shall remit all moneys collected to the
7treasurer of the city, village, town sanitary district or public inland lake protection
8and rehabilitation district in whose behalf the sum was paid, except that all jail
9assessments shall be remitted to the county treasurer, within 20 days after its receipt
10by
him or her; and in case of any failure in the payment the official. If timely
11remittance is not made, the treasurer may collect the payment of the officer by action,
12in the name of the office, and upon the official bond of the officer, with interest at the
13rate of 12% per year from the
time when it should have been paid date on which it
14was due. In the case of the penalty assessment imposed by s. 757.05, the crime
15laboratories and drug law enforcement assessment imposed by s. 165.755, the driver
16improvement surcharge imposed by s. 346.655 (1), any applicable consumer
17information assessment imposed by s. 100.261 and any applicable domestic abuse
18assessment imposed by s. 973.055 (1), the treasurer of the city, village, town sanitary
19district or public inland lake protection and rehabilitation district shall remit to the
20state treasurer the
sum amount required by law to be paid on the actions
so entered
21during the preceding month on or before the first day of the next succeeding month.
22The governing body of the city, village, town sanitary district or public inland lake
23protection and rehabilitation district shall by ordinance designate the official to
24receive the penalties and the terms under which the official
shall qualify qualifies.
AB710, s. 280
25Section
280. 66.12 (1) (c) of the statutes is renumbered 66.0114 (1) (c).
AB710, s. 281
1Section
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).
AB710, s. 282
2Section
282. 66.12 (2) and (3) (title), (a) and (c) of the statutes are renumbered
366.0114 (2) and (3) (title), (a) and (c).
AB710,202,196
66.0114
(3) (b) All forfeitures and penalties recovered for the violation of
any 7an ordinance or bylaw of
any a city, village, town, town sanitary district or public
8inland lake protection and rehabilitation district shall be paid into the city, village,
9town, town sanitary district or public inland lake protection and rehabilitation
10district treasury for the use of the city, village, town, town sanitary district or public
11inland lake protection and rehabilitation district, except as
otherwise provided in
12par. (c), sub. (1)
(b) (bm) and s. 757.05. The judge shall report and pay into the
13treasury, quarterly, or at more frequent intervals if
so required, all moneys collected
14belonging to the city, village, town, town sanitary district or public inland lake
15protection and rehabilitation district
, which. The report shall be certified and filed
16in the office of the treasurer
; and the. The judge
shall be is entitled to duplicate
17receipts
for such moneys, one of which he or she shall file with the city, village or town
18clerk or with the town sanitary district or the public inland lake protection and
19rehabilitation district.
AB710, s. 284
20Section
284. Subchapter XII (title) of chapter 66 [precedes 66.1201] of the
21statutes is created to read:
AB710,202,2222
chapter 66
AB710,203,2
1subchapter xii
2
housing authorities
AB710, s. 285
3Section
285
. 66.1201 (9) (x) of the statutes is created to read:
AB710,203,74
66.1201
(9) (x) To, within its area of operation, either by itself or with the
5department of veterans affairs, undertake and carry out studies and analyses of
6veterans' housing needs and meeting those needs and make the study results
7available 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.
AB710, s. 286
8Section
286. 66.121 of the statutes is renumbered 75.377 and amended to
9read:
AB710,203,14
1075.377 Inspection of property subject to tax certificate. A county
or a city
11authorized to act under s. 74.87 may enter any real property for which a tax
12certificate has been issued under s. 74.57, or may authorize another person to enter
13the real property, to determine the nature and extent of environmental pollution, as
14defined 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.
AB710, s. 287
15Section
287. 66.122 (title) of the statutes is renumbered 66.0119 (title).
AB710, s. 288
16Section
288. 66.122 (1) (a) of the statutes is renumbered 66.0119 (1) (b) and
17amended to read:
AB710,204,218
66.0119
(1) (b)
Any "Peace officer" means a state, county, city, village, town,
19town sanitary district or public inland lake protection and rehabilitation district
20officer, agent or employe charged under statute or municipal ordinance with powers
21or duties involving inspection of real or personal property, including buildings,
22building premises and building contents
, is deemed a peace officer for the purpose
1of applying for, obtaining and executing special inspection warrants under s. 66.123
2for inspection purposes.