AB710: Bill Text

The basis of current ch. 66 was itself a recodification. [Chapter 396, laws of 1921, effective January 1, 1922.] The creation of ch. 66 was part of an ongoing effort by the revisor of statutes to revise and reorganize Wisconsin statutes relating to municipal law. That effort was the basis for the current organization, by chapter, of Wisconsin statutes relating to cities, villages, towns, counties and to local units of government generally. The original purpose of ch. 66 was to locate in one chapter those statutory provisions applicable to more than one general purpose unit of local government.

When first established, ch. 66 consisted of 11 individual statutory sections, comprising about 17 pages of Wisconsin statutes. When the special committee began the recodification process, ch. 66 consisted of 273 individual sections, comprising 160 pages of the statutes. The expansion of ch. 66 over time has resulted in a vast number of disparate statutory provisions, with little apparent thought given to the internal organization of the chapter. Consequently, the chapter is unwieldy and difficult to use.

This bill:

1. Reorganizes ch. 66 by:

a. Internally reorganizing the chapter by creating 13 subchapters and relocating provisions within the chapter.

b. Reorganizing some individual sections within ch. 66 by combining them with other sections, dividing single sections into 2 or more sections and internally reorganizing single sections.

c. Relocating whole or partial provisions of ch. 66 outside of ch. 66 where appropriate (including the relocation of provisions dealing with metropolitan sewage districts into a new chapter, ch. 200, and moving whole sections of ch. 66 that pertain solely to 1st class cities to subch. II of ch. 62, relating to cities).

2. Makes nonsubstantive, editorial changes to modernize language and reflect modern drafting style, including, in a few instances, comprehensive editorial changes by entirely restating the current provision.

3. Repeals several entire sections and portions of sections that the special committee concluded are no longer necessary.

4. Makes substantive changes that the special committee concluded are relatively noncontroversial.

The special committee explicitly intends that, unless expressly noted, this bill makes no substantive changes in the statutory provisions treated by the bill. Substantive changes in the bill are identified in notes to the provisions substantively affected. If a question arises about the effect of any modification made by this bill, the special committee intends that the revisions in this bill be construed to have the same effect as the prior statutes.

For convenience, a table of contents listing all section numbers of reorganized ch. 66 and the newly created subchapters is included in this prefatory note. Also, a finding aid is included at the end of the bill which identifies the treatment by this bill of current statutory provisions within ch. 66.

The remainder of this note consists of a table of contents for reorganized ch. 66:

AB710,7,2 CHAPTER 66 GENERAL MUNICIPAL LAW - See PDF for table

AB710, s. 1 Section 1. 20.155 (1) (g) of the statutes, as affected by 1997 Wisconsin Act 229, is amended to read:

AB710,14,9 20.155 (1) (g) Utility regulation. The amounts in the schedule for the regulation of utilities. Ninety percent of all moneys received by the commission under s. 196.85, 196.855 or 200.10 201.10 (3), except moneys received from mobile home park operators under s. 196.85 (2g), shall be credited to this appropriation. Ninety percent of all receipts from the sale of miscellaneous printed reports and other copied material, the cost of which was originally paid under this paragraph, shall be credited to this appropriation.

AB710, s. 2 Section 2. 29.05 (6) of the statutes is amended to read:

AB710,15,2 29.05 (6) Access to storage places. For purposes of enforcing this chapter, the department and its wardens shall be permitted by the owner or occupant of any cold storage warehouse or building used for the storage or retention of wild animals, or carcasses or parts thereof, to enter and examine said premises subject to ss. 66.122 and 66.123 s. 66.0119; and the owner or occupant, or the agent, servant, or employe of the owner, shall deliver to any such officer any wild animal, or carcass or part thereof, in his or her possession during the closed season therefor, whether taken within or without the state.

AB710, s. 3 Section 3 . 30.13 (5) of the statutes is repealed.

Note: Replaced by s. 66.0495, which is renumbered s. 30.13 (5). See Sections 120 to 133 of this bill.

AB710, s. 4 Section 4. 30.16 (2) of the statutes is amended to read:

AB710,15,9 30.16 (2) Removal of obstructions to navigation; wharves and piers; alternative. As an alternative to the procedure specified under sub. (1), the governing body of a city, village or town may remove that portion of a wharf or pier which constitutes an unlawful obstruction to navigation as provided under s. 66.0495 30.15 (5m).

AB710, s. 5 Section 5. 30.772 (3) (f) of the statutes is amended to read:

AB710,15,13 30.772 (3) (f) In addition to, or as an alternative to, the penalties specified in par. (e), the governing body of a municipality may remove unlawful moorings as provided under and pursuant to the procedures of s. 66.0495 30.15 (5m).

AB710, s. 6 Section 6. 33.47 (5) of the statutes is amended to read:

AB710,15,17 33.47 (5) Any special assessment or special charge levied shall be in accordance with s. 66.60 ss. 66.0627 and 66.0703 to the extent it is that those sections are applicable to and not in conflict with this subsection.

AB710, s. 7 Section 7. 36.11 (19) (title) of the statutes is created to read:

AB710,15,19 36.11 (19) (title) Furnishing of services to school districts.

AB710, s. 8 Section 8. 60.23 (20) of the statutes is amended to read:

AB710,16,3 60.23 (20) Disposition of dead animals. Notwithstanding ss. 59.54 (21) and 95.50 (3), dispose of any dead animal within the town or contract for the removal and disposition with any private disposal facility. A town may enter into a contract with any other governmental unit under s. 66.30 66.0301 to provide for the removal and disposition. A town may recover its costs under this subsection by levying a special assessment under s. 66.345 imposing a special charge under s. 66.0627.

Note: Reflects the repeal of s. 66.345 and the amendment of s. 66.0627, as renumbered. See Sections 170 and 372 of this bill.

AB710, s. 9 Section 9. 60.23 (27) of the statutes is amended to read:

AB710,16,19 60.23 (27) Town housing authorities, blighted areas. Engage in certain housing and redevelopment activities. The provisions of ss. 66.40 66.1201 to 66.425, 66.43, 66.431 66.1211, 66.1301 to 66.1329, 66.1331 to 66.1333 and 66.4325 66.1335, except the provisions of s. 66.40 66.1201 (10) and any other provisions that conflict with statutes relating to towns and town boards, shall apply to towns, and the powers and duties conferred and imposed by ss. 66.40 66.1201 to 66.425, 66.43, 66.431 66.1211, 66.1301 to 66.1329, 66.1331 to 66.1333 and 66.4325 66.1335, except the powers and duties conferred and imposed by s. 66.40 66.1201 (10) and any other powers that conflict with statutes relating to towns and town boards, upon mayors, common councils and specified city officials are hereby conferred upon town board chairpersons, town boards and town officials performing duties similar to the duties of such the specified city officials and common councils respectively. Any town housing authorities created under this subsection shall be entitled to may participate in any state grants-in-aid for housing in the same manner as city housing authorities created under ss. 66.40 66.1201 to 66.404 66.1211.

AB710, s. 10 Section 10. 60.24 (3) (j) of the statutes is amended to read:

AB710,16,22 60.24 (3) (j) Appoint, at his or her discretion, one or more commissioners of noxious weeds under ss. 66.96 to 66.99 s. 66.0517.

Note: Amends the reference to the town board chairperson's duty to appoint one or more commissioners of noxious weeds to reflect that the appointment duty is made optional. See Section 154 of this bill.

AB710, s. 11 Section 11. 60.51 of the statutes is repealed.

Note: Repealed as unnecessary. The section cross-references selected provisions of ch. 66 which on their own terms apply to towns.

AB710, s. 12 Section 12. 61.73 of the statutes is amended to read:

AB710,17,13 61.73 Village housing authorities. The provisions of ss. 66.395 to 66.425 66.1201 to 66.1329 apply to villages, and the powers and duties conferred and imposed by ss. 66.395 to 66.425 66.1201 to 66.1329 upon mayors, councils and specified city officials are conferred upon presidents, village boards and village officials performing duties similar to the duties of the specified city officials respectively. Any An ordinance or resolution heretofore passed before June 4, 1949, by any a village board creating a housing authority in substantially the manner provided in ss. 66.40 to 66.404 66.1201 to 66.1211 is valid, and any village housing authorities may participate in any state grants-in-aid for housing in the same manner as city housing authorities created under ss. 66.395 to 66.404 66.1201 to 66.1213.

AB710, s. 13 Section 13. 62.03 (1) of the statutes is amended to read:

AB710,17,17 62.03 (1) This subchapter, except ss. 62.071, 62.08 (1), 62.09 (1) (e) and (11) (j) and (k), 62.175 and, 62.23 (7) (em) and (he) and 62.237, does not apply to 1st class cities under special charter.

Note: Amended to reflect the relocation of s. 66.38, relating to housing loan assistance by cities, into subch. I of ch. 62. Section 66.38 applies to any city with a population over 75,000, including 1st class cities under special charter.

AB710, s. 14 Section 14. Subchapter II (title) of chapter 62 [precedes 62.50] of the statutes is amended to read:

AB710,17,20 CHAPTER 62

AB710,18,2 SUBCHAPTER II POLICE AND FIRE DEPARTMENTS IN CITIES OF THE FIRST CLASS Cities

AB710, s. 15 Section 15 . 62.63 (1) of the statutes is created to read:

AB710,18,8 62.63 (1) Establishment of funds. By a majority vote of the members-elect, the common council of a 1st class city may create, establish, maintain and administer annuity and benefit funds for city officers and employes, including officers and employes of boards, agencies, departments and divisions of the city government and of a housing authority established under s. 66.1201.

Note: Restates s. 66.80 (1) and (3) repealed by Sections 570 and 572 of this bill.

AB710, s. 16 Section 16 . 62.69 (1) of the statutes is created to read:

AB710,18,10 62.69 (1) Application. This section applies to 1st class cities.

Note: Restates s. 66.071 (intro.), repealed by Section 196 of this bill.

AB710, s. 17 Section 17. 62.69 (2) (b) of the statutes is created to read:

AB710,18,15 62.69 (2) (b) In this subsection, all acts authorized to be done by the commissioner of public works, except enforcement of regulations approved by the common council, shall be approved by the common council before the acts may take effect.

Note: Restates a portion of s. 66.071 (1) (b) that is repealed by Section 199 of this bill.

AB710, s. 18 Section 18 . 66.01 (title) and (1) to (3) of the statutes are renumbered 66.0101 (title) and (1) to (3), and 66.0101 (2) and (3), as renumbered, are amended to read:

AB710,19,2 66.0101 (2) (a) A "charter ordinance" is any ordinance which enacts, amends or repeals the whole or any part of the charter of a city or village, or makes the election mentioned in sub. (4). Such city or village may enact a charter ordinance. A charter ordinance shall be so designated, shall require as a charter ordinance, requires a two-thirds vote of the members-elect of the legislative body of such the city or village, and shall be is subject to referendum as hereinafter prescribed provided in this section.

AB710,19,8 (b) Every A charter ordinance which that amends or repeals the whole or any part of a city or village charter shall designate specifically the portion of the charter so that is amended or repealed, and every. A charter ordinance which that makes the election mentioned in under sub. (4) shall designate specifically each enactment of the legislature or portion thereof, of the enactment that is made inapplicable to such the city or village by the election mentioned in sub. (4).

AB710,19,17 (3) Every enactment, amendment or repeal of the whole or any part of the charter of any city or village A charter ordinance shall be published as a class 1 notice, under ch. 985, and shall be recorded by the clerk in a permanent book kept for that purpose, with a statement of the manner of its adoption, and a. A certified copy thereof of the charter ordinance shall be filed by said the clerk with the secretary of state. The secretary of state shall keep a separate index of all charter ordinances, arranged alphabetically by city and village and summarizing each ordinance, and annually shall issue such a list the index of charter ordinances filed during the 12 months prior to July 1.

Note: "Charter ordinance" is now defined in a separate subsection. See Section 27 of this bill.

AB710, s. 19 Section 19. 66.01 (3a) of the statutes is renumbered 66.0101 (12).

AB710, s. 20 Section 20. 66.01 (4) to (8) of the statutes are renumbered 66.0101 (4) to (8) and amended to read:

AB710,20,4 66.0101 (4) Any A city or village may elect in the manner prescribed in under this section that the whole or any part of any laws law relating to the local affairs and government of such the city or village other than such those enactments of the legislature of statewide concern as shall with uniformity affect every city or every village shall not apply to such the city or village, and thereupon such laws or parts thereof shall cease when the election takes effect, the law ceases to be in effect in such the city or village.

AB710,20,16 (5) Any city or village by charter ordinance may make the election mentioned in sub. (4) of this section, or enact, amend or repeal the whole or any part of its charter; but such A charter ordinance shall does not take effect until 60 days after its passage and publication. If within such 60 days the 60-day period a petition conforming to the requirements of s. 8.40 and signed by a number of electors of the city or village equal to not less than 7% of the votes cast therein in the city or village for governor at the last general election shall be is filed in the office of the clerk of said the city or village demanding that such the ordinance be submitted to a vote of the electors, it shall may not take effect until it is submitted to a referendum and approved by a majority of the electors voting thereon. Said in the referendum. The petition and the proceedings for its submission shall be are governed by s. 9.20 (2) to (6).

AB710,20,20 (6) Any A charter ordinance may be initiated in the manner provided in under s. 9.20 (1) to (6), but alternative adoption thereof of the charter ordinance by the legislative body shall be is subject to referendum as provided in under sub. (5) of this section.

AB710,20,24 (7) Any A charter ordinance may be submitted to a referendum by the legislative body, in the manner prescribed in under s. 9.20 (4) to (6), without initiative petition, and shall become becomes effective when approved by a majority of the electors voting thereon in the referendum.

AB710,21,10 (8) Every charter, charter amendment or A charter ordinance enacted or approved by a vote of the electors shall control and prevail controls over any prior or subsequent act of the legislative body of the city or village. Whenever If the electors of any city or village by a majority vote have adopted or determined to continue to operate under either ch. 62 or 64, or have determined the method of selection of members of the governing board, the question shall not again be submitted to the electors, nor action taken thereon on the question, within a period of 2 years. Any election to change or amend the charter of any city or village, other than a special election as provided in s. 9.20 (4), shall be held at the time provided by statute for holding the spring election.

AB710, s. 21 Section 21. 66.01 (9) to (11) of the statutes are renumbered 66.0101 (9) (a), (b) and (d) and amended to read:

AB710,21,17 66.0101 (9) (a) The legislative body of any a city or village, by resolution adopted by a two-thirds vote of its members-elect may, and upon petition complying with s. 9.20 shall, submit to the electors in the manner prescribed in under s. 9.20 (4) to (6) the question of holding a charter convention under one or more plans proposed in said the resolution or petition.

AB710,21,18 (b) The ballot shall be in substantially the following form:

AB710,21,19 Shall a charter convention be held?

AB710,21,20 YES ⍽ NO ⍽

AB710,21,21 If a charter convention be is held what plan do you favor?

AB710,21,22 PLAN 1 ⍽ PLAN 2 ⍽

AB710,21,23 [Repeat for each plan proposed.]

AB710,21,24 Mark an [X] in the square to the RIGHT of the plan that you select.

AB710,22,5 (c) If a majority of the electors voting thereon vote for a charter convention, such the convention shall be held pursuant to the plan favored by a majority of the total votes cast for all plans. If no plan receives a majority, the 2 plans receiving the highest number of votes shall be again submitted to the electors and a convention shall thereupon be held pursuant to the plan favored by a majority of the votes cast.

AB710,22,13 (d) Such A charter convention shall have power to may adopt a charter or amendments to the existing charter. Such The charter or charter amendments adopted by such the convention shall be certified, as soon as may be practicable, by the presiding officer and secretary thereof of the convention to the city or village clerk and shall thereupon be submitted to the electors in the manner prescribed in as provided under s. 9.20 (4) to (6), without the alternative mentioned therein provided in s. 9.20 (4) to (6), and shall take effect only when approved by a majority of the electors voting thereon.

AB710, s. 22 Section 22. 66.01 (12) of the statutes is renumbered 66.0101 (10).

AB710, s. 23 Section 23. 66.01 (14) of the statutes is repealed.

Note: Repealed as obsolete. The subsection provides as follows:

"(14) All laws relating to public instruction, under article X, sections 1 to 5, of the constitution, remain and shall continue in force for the establishment, administration and government of the district schools as heretofore, until amended or repealed by the legislature. The term "district schools" as here used, in addition to common schools includes, among others, any and all public high schools, trade schools, technical colleges, auxiliary departments for instruction of pupils who are deaf or of impaired speech or blind, and truancy or parental schools.".

Municipalities no longer enact general laws relating to public instruction.

AB710, s. 24 Section 24. 66.01 (15) of the statutes is renumbered 66.0101 (11).

AB710, s. 25 Section 25 . 66.01 (16) of the statutes is renumbered 61.188 and amended to read:

AB710,23,14 61.188 Certain villages may become cities by charter ordinance. Any village having a population of 1,000 or more may proceed under this section s. 66.0101 to organize as a city of the appropriate class. The village may by charter or charter ordinance adopted under this section s. 66.0101 elect not to be governed by ch. 62 or this chapter 66 in whole or in part or may create such that system of government as is deemed considered by the village to be most appropriate for its situation. The charter or charter ordinance may include provision for the following, without limitation because of enumeration: method of election of members of the council by districts, at-large or by a combination of methods, procedure for election of the first common council, creation and selection of all administrative officers, departments, boards and commissions, powers and duties of all officers, boards and commissions and terms of office. The charter or charter ordinance shall may not alter those provisions of ch. 62 dealing with police and fire departments or chs. 115 to 121 dealing with education. Any village incorporated after August 12, 1959, may not become a city under this subsection section unless it meets the standards for incorporation in ss. 66.015 and 66.016 66.0205 and 66.0207.

AB710, s. 26 Section 26. Subchapter I (title) of chapter 66 [precedes 66.0101] of the statutes is created to read:

AB710,23,17 Chapter 66

AB710,23,19 Subchapter I General Powers; administration