AB710: Bill Text

AB710,218,23 200.15 (2) Proceedings leading to the addition of other territory to a district may be initiated by petition from a municipal governing body or upon motion of the commission. Upon receipt of the petition or upon adoption of the motion, the commission shall hold a public hearing preceded by a class 2 notice under ch. 985. The commission may approve the annexation upon a determination that the standards of ss. 66.22 200.05 (4) (b) and (c) and 66.26 200.15 (3) are met. Approval actions by the commission under this section shall be subject to review under ch. 227.

AB710,219,2 (4) Section 66.23 200.09 (1) does not require the appointment of a commissioner from territory annexed under this section if that territory, on the day before the annexation, has a population of less than 8.5% of the total population served by the district.

AB710, s. 323 Section 323. 66.27 of the statutes is renumbered 66.1025 and amended to read:

AB710,219,13 66.1025 Relief from conditions of gifts and dedications. (1) If the governing body of a county, city, town or village accepts a gift or dedication of land made on condition that the land be devoted to a special purpose, and the condition subsequently becomes impossible or impracticable, such the governing body may by resolution or ordinance enacted by a two-thirds vote of its members elect members-elect either to grant the land back to the donor or dedicator or the heirs of the donor or dedicator, or accept from the donor or dedicator or the heirs of the donor or dedicator, a grant relieving the county, city, town or village of the condition, pursuant to article XI, section 3a, of the constitution.

AB710,219,18 (2) (a) If such the donor or dedicator of land to a county, city, town or village or the heirs of the donor or dedicator are unknown or cannot be found, such the resolution or ordinance described under sub. (1) may provide for the commencement of an action under this section for the purpose of relieving the county, city, town or village of the condition of the gift or dedication.

AB710,219,22 (b) Any such action under this subsection shall be brought in a court of record in the manner provided in ch. 801. A lis pendens shall be filed or recorded as provided in s. 840.10 upon the commencement of the action. Service upon persons whose whereabouts are unknown may be made in the manner prescribed in s. 801.12.

AB710,219,25 (c) The court may render judgment in such action an action under this subsection relieving the county, city, town or village of the condition of the gift or dedication.

AB710, s. 324 Section 324. 66.28 (title) of the statutes is renumbered 66.0139 (title).

AB710, s. 325 Section 325. 66.28 (1) to (4) of the statutes are renumbered 66.0139 (2) to (5) and amended to read:

AB710,220,18 66.0139 (2) Cities, villages, towns and counties A political subdivision may dispose of any personal property which has been abandoned, or remained unclaimed for a period of 30 days, after the taking of possession of the property by the city, village, town or county officers an officer of the political subdivision by any means determined to be in the best interest of the city, village, town or county political subdivision. If the property is not disposed of in a sale open to the public, every city, village, town and county the political subdivision shall maintain an inventory of such the property;, a record of the date and method of disposal, including the consideration received for the property, if any, and the name and address of the person taking possession of the property. Such The inventory shall be kept as a public record for a period of not less than 2 years from the date of disposal of the property. Any means of disposal other than public auction shall be specified by ordinance. If the disposal is in the form of a sale, all receipts from the sale, after deducting the necessary expenses of keeping the property and conducting the sale, shall be paid into the city, village, town or county treasury of the political subdivision.

AB710,221,5 (3) Cities, villages, towns and counties A political subdivision may safely dispose of abandoned or unclaimed flammable, explosive or incendiary substances, materials or devices posing a danger to life or property in their storage, transportation or use immediately after taking possession of the substances, materials or devices without a public auction. The city, village, town or county political subdivision, by ordinance or resolution, may establish disposal procedures. Procedures may include provisions authorizing an attempt to return to the rightful owner substances, materials or devices which have a commercial value in the normal business usage and do not pose an immediate threat to life or property. If enacted, any such provision a disposal procedure shall include a presumption that if the substance, material or device appears to be or is reported stolen an attempt will be made to return the substance, material or device to the rightful owner.

AB710,221,16 (4) Except as provided in s. 968.20 (3), a 1st class cities city shall dispose of abandoned or unclaimed dangerous weapons or ammunition without a public auction 12 months after taking possession of them if the owner has not requested their return. Disposition Disposal procedures shall be established by ordinance or resolution and may include provisions authorizing an attempt to return to the rightful owner any dangerous weapons or ammunition which appear to be stolen or are reported stolen. If enacted, any such provision a disposal procedure shall include a presumption that if the dangerous weapons or ammunition appear to be or are reported stolen an attempt will be made to return the dangerous weapons or ammunition to the rightful owner. The dangerous weapons or ammunition shall be are subject to sub. (4) (5).

AB710,221,19 (5) A city, village, town or county political subdivision may retain or dispose of any abandoned, unclaimed or seized dangerous weapon or ammunition only under s. 968.20.

AB710, s. 326 Section 326. 66.285 of the statutes is renumbered 66.0135, and 66.0135 (1) (intro.), (c) and (d), (2) (a) and (b) 2. and (4) (intro.), as renumbered, are amended to read:

AB710,221,23 66.0135 (1) Definitions. (intro.) In this section and s. 66.286:

AB710,222,2 (c) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an agency or corporation of such a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

AB710,222,3 (d) "Subcontractor" has the meaning given in s. 66.29 66.0901 (1) (d).

AB710,222,11 (2) (a) Except as provided in sub. (4) or as otherwise specifically provided, an agency that does not pay timely the amount due on an order or contract shall pay interest on the balance due from the 31st day after receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later, or, if the agency does not comply with s. 66.286 sub. (7), from the 31st day after receipt of an improperly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later, at the rate specified in s. 71.82 (1) (a) compounded monthly.

AB710,222,16 (b) 2. Within 30 days after receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract, or, if the agency does not comply with s. 66.286 sub. (7), within 30 days after receipt of an improperly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later.

AB710,222,17 (4) Exceptions. (intro.) Subsection (2) does not apply to any of the following:

AB710, s. 327 Section 327. 66.286 of the statutes is renumbered 66.0135 (7).

AB710, s. 328 Section 328. 66.29 (title) and (1) (title) of the statutes are renumbered 66.0901 (title) and (1) (title).

AB710, s. 329 Section 329. 66.29 (1) (a) of the statutes is renumbered 66.0901 (1) (b) and amended to read:

AB710,222,25 66.0901 (1) (b) In this section, "person "Person" means an individual, partnership, association, limited liability company, corporation or joint stock company, lessee, trustee or receiver.

AB710, s. 330 Section 330. 66.29 (1) (b) of the statutes is renumbered 66.0901 (1) (a) and amended to read:

AB710,223,7 66.0901 (1) (a) "Municipality" means the state and any or a town, city, village, school district, board of school directors, sewer district, drainage district, technical college district or any other public or quasi-public corporation, officer, board or other public body charged with the duty of receiving bids for and awarding any public contracts.

AB710, s. 331 Section 331. 66.29 (1) (c) and (d) and (2) to (8) of the statutes are renumbered 66.0901 (1) (c) and (d) and (2) to (8) and amended to read:

AB710,223,13 66.0901 (1) (c) The term "public "Public contract" shall mean and include any means a contract for the construction, execution, repair, remodeling, or improvement of any a public work, or building, or for the furnishing of supplies, or material of any kind whatsoever, proposals for which are required to be advertised for by law.

AB710,223,18 (d) "Subcontractor" means a person whose relationship to the principal contractor is substantially the same as to a part of the work as the latter's relationship is to the proprietor. A "subcontractor" takes a distinct part of the work in such a way that the "subcontractor" does not contemplate doing merely personal service.

AB710,224,20 (2) Bidder's proof of responsibility. Every A municipality, board or public body upon all contracts subject to this section intending to enter into a public contract may, before delivering any form for bid proposals, plans and specifications pertaining thereto to any person, excepting except materialmen, suppliers and others not intending to submit a direct bid, require such the person to submit a full and complete statement sworn to before an officer authorized by law to administer oaths, of. The statement shall consist of information relating to financial ability, equipment, experience in the work prescribed in said the public contract, and of such other matters as that the municipality, board, public body or officer thereof may require requires for the protection and welfare of the public in the performance of any a public contract; such. The statement shall be in writing on a standard form of a questionnaire as that is adopted for such use and furnished by the municipality , board or public body or officer thereof, to be furnished by such municipality, board, public body or officer thereof. Such. The statement shall be filed in the manner and place designated by the municipality, board, public body or such officer thereof. Such statements. The statement shall not be received less than 5 days prior to the time set for opening of bids. The contents of said statements the statement shall be confidential and shall may not be disclosed except upon the written order of such the person furnishing the same, or statement, for necessary use by the public body in qualifying such the person, or in cases of action against, or by such, the person or municipality. The governing body of the municipality or such the committee, board or employe as is charged with, or delegated by the governing body with, the duty of receiving bids and awarding contracts or to whom the governing body has delegated the power shall properly evaluate the sworn statements filed relative to financial ability, equipment and experience in the work prescribed statement and shall find the maker of such the statement either qualified or unqualified. This subsection shall does not apply to cities of the first a 1st class city.

AB710,225,3 (3) Proof of responsibility, condition precedent. No bid shall be received from any person who has not submitted the sworn statement as provided in sub. (2), provided that any prospective bidder who has once qualified to the satisfaction of the municipality, committee, board, public body or officer employe, and who wishes to become a bidder upon subsequent public contracts under the same jurisdiction of the same, to whose satisfaction the prospective bidder has qualified under sub. (2), need not separately qualify on each public contract unless required so to do by the said municipality, committee, board, public body or officers employe.

AB710,225,8 (4) Rejection of bids. Whenever If the municipality, committee, board, public body or officer employe is not satisfied with the sufficiency of the answer contained in the questionnaire and financial statement, it provided under sub. (2), the municipality, committee, board or employe may reject said bid, or disregard the same bid.

AB710,226,5 (5) Corrections of errors in bids. Whenever any If a person shall submit submits a bid or proposal for the performance of public work under any public contract to be let by the a municipality, board, public body or officer thereof, who shall claim and the bidder claims that a mistake, omission or error has been made in preparing the bid, the bidder shall, before the bids are opened, make known the fact that an error, omission or mistake has been made, and in that case. If the bidder makes this fact known, the bid shall be returned to the bidder unopened and the bidder shall may not be entitled to bid upon the public contract at hand unless the same it is readvertised and relet upon the readvertisement. In case any If a bidder shall make makes an error or, omission or mistake and shall discover the same discovers it after the bids are opened, the bidder shall immediately and without delay give written notice and make known the fact of the mistake, omission or error which has been committed and submit to the municipality, board, public body or officers thereof, clear and satisfactory evidence of the mistake, omission or error and that the same it was not caused by any careless act or omission on the bidder's part in the exercise of ordinary care in examining the plans, or specifications and in conforming with the provisions of this section, and in case of. If the discovery and notice of a mistake, omission or error causes a forfeiture, shall the bidder may not be entitled to recover the moneys or certified check forfeited as liquidated damages unless it shall be is proven before a court of competent jurisdiction in an action brought for the recovery of the amount forfeited, that in making the mistake, error or omission the bidder was free from carelessness, negligence or inexcusable neglect.

AB710,226,18 (6) Separation of contracts; classification of contractors. On those In public contracts calling for the construction, repair, remodeling or improvement of any a public building or structure, other than highway structures and facilities, the a municipality may bid projects based on a single or multiple division of the work. Contracts Public contracts shall be awarded according to the division of work selected for bidding. The municipality may set out in any public contract reasonable and lawful conditions as to the hours of labor, wages, residence, character and classification of workmen workers to be employed by any contractor, and to classify such contractors as to their financial responsibility, competency and ability to perform work and to set up a classified list of contractors pursuant thereto; and such. The municipality may also reject the bid of any person, if such the person has not been classified pursuant to the said questionnaire for the kind or amount of work in said the bid.

AB710,227,11 (7) Bidder's certificate. On all contracts When bidding on a public contract, the bidder shall incorporate and make a part of the bidder's proposal for the doing of any work or labor or the furnishing of any material in or about any public work or contract of the municipality a sworn statement by the bidder, or if not an individual by one authorized, that the bidder or authorized person so swearing has examined and carefully prepared the proposal from the plans and specifications and has checked the same in detail before submitting the proposal or bid to the municipality, board, department or officer charged with the letting of bids and also at the same time as. As a part of the proposal, the bidder also shall submit a list of the subcontractors the bidder proposes to contract with, and the class of work to be performed by each, provided that. In order to qualify for inclusion in the bidder's list a subcontractor must shall first submit a bid in writing, to the general contractor at least 48 hours prior to the time of the bid closing, which list shall. The list may not be added to nor or altered without the written consent of the municipality. A proposal of a bidder shall is not be invalid if any subcontractor and the class of work to be performed by the subcontractor has been omitted from a proposal; such the omission shall be considered as inadvertent, or that the bidder will perform the work personally.

AB710,227,19 (8) Settlement of disputes; defaults. Whenever there is a dispute between the a contractor or surety or the municipality as to the determination whether there is a compliance with the provisions of the a public contract as to the hours of labor, wages, residence, character, and classification of workmen workers employed by any the contractor, the determination of the municipality shall be is final, and in case of violation of said. If a violation of these provisions occurs, the municipality may declare the contract in default and request the surety to perform or relet upon advertisement the remaining portion of the public contract.

AB710, s. 332 Section 332. 66.29 (9) (title) of the statutes is renumbered 66.0901 (9) (title).

AB710, s. 333 Section 333. 66.29 (9) (a) of the statutes is repealed.

Note: Repeals the separate definition of "municipality". The definition is restated in Section 258 of this bill.

AB710, s. 334 Section 334. 66.29 (9) (b) of the statutes is renumbered 66.0901 (9) (b) and amended to read:

AB710,229,3 66.0901 (9) (b) Retained percentages. As the work progresses under any a contract involving $1,000 or more for the construction, execution, repair, remodeling or improvement of any a public work or building or for the furnishing of any supplies or materials, regardless of whether or not proposals for which the contract are required to be advertised by law, the municipality, from time to time, shall grant to the contractor an estimate of the amount and proportionate value of the work done, which shall entitle entitles the contractor to receive the amount thereof of the estimate, less the retainage, from the proper fund. On all such contracts, the The retainage shall be an amount equal to 10% of said the estimate until 50% of the work has been completed. At 50% completion, further partial payments shall be made in full to the contractor and no additional amounts may be retained unless the architect or engineer certifies that the job is not proceeding satisfactorily, but amounts previously retained shall not be paid to the contractor. At 50% completion or any time thereafter after 50% completion when the progress of the work is not satisfactory, additional amounts may be retained but in no event shall the total retainage may not be more than 10% of the value of the work completed. Upon substantial completion of the work, an amount retained may be paid to the contractor. When the work has been substantially completed except for work which cannot be completed because of weather conditions, lack of materials or other reasons which in the judgment of the municipality are valid reasons for noncompletion, the municipality may make additional payments, retaining at all times an amount sufficient to cover the estimated cost of the work still to be completed or in the alternative may pay out the entire amount retained and receive from the contractor guarantees in the form of a bond or other collateral sufficient to ensure completion of the job. For the purposes of this section, estimates may include any fabricated or manufactured materials and components specified, previously paid for by the contractor and delivered to the work or properly stored and suitable for incorporation in the work embraced in the contract.

AB710, s. 335 Section 335 . 66.293 of the statutes is renumbered 66.0903, and 66.0903 (title), (1) (g), (3) (am) and (bm), (9), (10) (a) and (b), (11) (a) and (b) 1. to 5. and (12) (a) and (d), as renumbered, are amended to read:

AB710,229,8 66.0903 (title) Contractor's failure to comply with municipal Municipal prevailing wage and hour scale scales.

AB710,229,15 (1) (g) 1. "Prevailing Except as provided in subd. 2., "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or demolition of any project of public works in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly, for a majority of the hours worked in the trade or occupation on projects in the area, or if.

AB710,229,25 2. If there is no rate at which a majority of the hours worked in the trade or occupation on projects in the area is paid, then the "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or demolition of any project of public works in any area shall be means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51% of hours worked in that trade or occupation on projects in that area.

AB710,230,14 (3) (am) Every A local governmental unit, before making a contract by direct negotiation or soliciting bids on a contract, for the erection, construction, remodeling, repairing or demolition of any project of public works, including a highway, street or bridge construction project, shall apply to the department to determine the prevailing wage rate and prevailing hours of labor for each trade or occupation required in the work contemplated. The department shall make such investigations and hold such public hearings as may be necessary to define the trades or occupations that are commonly employed on projects that are subject to this section and to inform itself as to the prevailing wage rates and prevailing hours of labor in all areas of the state for those trades or occupations, with a view to ascertaining the prevailing wage rate and prevailing hours of labor for each such trade or occupation. The department shall issue its determination within 30 days after receiving the request and shall file the same determination with the requesting local governmental unit applying therefor.

AB710,230,24 (bm) Any person may request a recalculation of any portion of a determination within 30 days after the initial determination date if the person submits evidence with the request showing that the prevailing wage rate or prevailing hours of labor for any given trade or occupation included in the initial determination does not represent the prevailing wage rate or prevailing hours of labor for that trade or occupation in the area. Such The evidence shall include wage rate and hours of labor information for work performed in the contested trade or occupation in the area within the previous 12 months. The department shall affirm or modify the initial determination within 15 days after the date on which the department receives the request for recalculation.

AB710,231,9 (9) Compliance. (a) When the department finds that a local governmental unit has not requested a determination under sub. (3) (am) or that a local governmental unit, contractor or subcontractor has not physically incorporated a determination into a contract or subcontract as required under this section or has not notified a minor subcontractor of a determination in the manner prescribed by the department by rule promulgated under sub. (3) (dm), the department shall notify the local governmental unit, contractor or subcontractor of such the noncompliance and shall file the determination with the local governmental unit, contractor or subcontractor within 30 days after such the notice.

AB710,231,14 (b) Upon completion of a project and before receiving final payment for his or her work on the project, each agent or subcontractor shall furnish the contractor with an affidavit stating that the agent or subcontractor has complied fully with the requirements of this section. A contractor may not authorize final payment until such an the affidavit is filed in proper form and order.

AB710,232,4 (c) Upon completion of a project and before receiving final payment for his or her work on the project, each contractor shall file with the local governmental unit authorizing the work an affidavit stating that the contractor has complied fully with the requirements of this section and that the contractor has received an affidavit under par. (b) from each of the contractor's agents and subcontractors. A local governmental unit may not authorize a final payment until such an the affidavit is filed in proper form and order. If a local governmental unit authorizes a final payment before such an affidavit is filed in proper form and order or if the department determines, based on the greater weight of the credible evidence, that any person specified in sub. (4) has been or may have been paid less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor and requests that the local governmental unit withhold all or part of the final payment, but the local governmental unit fails to do so, the local governmental unit is liable for all back wages payable up to the amount of that final payment.

AB710,232,9 (10) (a) Each contractor, subcontractor or contractor's or subcontractor's agent thereof performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person described in sub. (4) and an accurate record of the number of hours worked by each of those persons and the actual wages paid therefor for the hours worked.

AB710,232,18 (b) The department or the contracting local governmental unit may demand and examine, and it shall be the duty of every contractor, subcontractor and contractor's or subcontractor's agent thereof to shall keep, and furnish to upon request by the department or local governmental unit, copies of payrolls and other records and information relating to the wages paid to persons described in sub. (4) for work to which this section applies. The department may inspect records in the manner provided in chs. 103 to 106. Every contractor, subcontractor or agent performing work on a project that is subject to this section is subject to the requirements of chs. 103 to 106 relating to the examination of records.

AB710,233,6 (11) (a) Any contractor, subcontractor or contractor's or subcontractor's agent thereof, who fails to pay the prevailing wage rate determined by the department under sub. (3) or who pays less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor determined under sub. (3), shall be is liable to any affected employe in the amount of his or her unpaid wages or his or her unpaid overtime compensation and in an additional equal amount as liquidated damages. An action to recover the liability may be maintained in any court of competent jurisdiction by any employe for and in behalf of that employe and other employes similarly situated. No employe may be a party plaintiff to any such the action unless the employe consents in writing to become such a party and the consent is filed in the court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees and costs to be paid by the defendant.

AB710,233,10 (b) 1. Except as provided in subds. 2., 4. and 6., any contractor, subcontractor or contractor's or subcontractor's agent thereof who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that any such violation continues shall be considered is a separate offense.

AB710,233,18 2. Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to give up, waive or return any part of the wages to which the individual is entitled under the contract governing such the project, or who reduces the hourly basic rate of pay normally paid to an employe for work on a project that is not subject to this section during a week in which the employe works both on a project that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from such employment or by any other means is guilty of an offense under s. 946.15 (1).

AB710,234,2 3. Any person employed on a project that is subject to this section who knowingly permits a contractor, subcontractor or contractor's or subcontractor's agent thereof to pay him or her less than the prevailing wage rate set forth in the contract governing such the project, who gives up, waives or returns any part of the compensation to which he or she is entitled under the contract, or who gives up, waives or returns any part of the compensation to which he or she is normally entitled for work on a project that is not subject to this section during a week in which the person works both on a project that is subject to this section and on a project that is not subject to this section, is guilty of an offense under s. 946.15 (2).

AB710,234,8 4. Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to permit any part of the wages to which the individual is entitled under the contract governing such the project to be deducted from the individual's pay is guilty of an offense under s. 946.15 (3), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 276c.

AB710,234,13 5. Any person employed on a project that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing such the project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c.

AB710,235,2 (12) (a) Except as provided under pars. (b) and (c), the department shall notify any local governmental unit applying for a determination under sub. (3) and any local governmental unit exempted under sub. (6) of the names of all persons whom the department has found to have failed to pay the prevailing wage rate determined under sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor determined under sub. (3) at any time in the preceding 3 years. The department shall include with any such each name the address of such the person and shall specify when such the person failed to pay the prevailing wage rate and when such the person paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor. A local governmental unit may not award any contract to such the person unless otherwise recommended by the department or unless at least 3 years have elapsed from the date the department issued its findings or the date of final determination by a court of competent jurisdiction, whichever is later.

AB710,235,11 (d) Any person submitting a bid on a project that is subject to this section shall be required, on the date the person submits the bid, to identify any construction business in which the person, or a shareholder, officer or partner of the person, if the person is a business, owns, or has owned at least a 25% interest on the date the person submits the bid or at any other time within 3 years preceding the date the person submits the bid, if the business has been found to have failed to pay the prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor determined under sub. (3).

AB710, s. 336 Section 336 . 66.295 of the statutes is repealed.

Note: Repealed as archaic. The section authorizes a city, village, town or county which has received and utilized any benefits or improvements furnished before March 1, 1973 under an unenforceable contract, entered into in good faith and fully performed and accepted, to pay the fair and reasonable value of the benefits and improvements. While this section was amended a number of times after 1949 to extend the cutoff date, that date has not been changed since ch. 97, laws of Wisconsin 1973, which changed the cutoff date from July 1, 1969 to March 1, 1973.

AB710, s. 337 Section 337 . 66.296 (title) of the statutes is renumbered 66.1003 (title) and amended to read:

AB710,235,15 66.1003 (title) Discontinuance of streets and alleys a public way.

AB710, s. 338 Section 338. 66.296 (1) of the statutes is renumbered 66.1003 (2) and amended to read:

AB710,236,9 66.1003 (2) The whole or any part of any road, street, slip, pier, lane or paved alley, in any 2nd, 3rd or 4th class city or in any village or town, may be discontinued by the common council or village or town board common council of any city, except a 1st class city, or a village or town board may discontinue all or part of a public way upon the written petition of the owners of all the frontage of the lots and lands abutting upon the portion thereof public way sought to be discontinued, and of the owners of more than one-third of the frontage of the lots and lands abutting on that portion of the remainder thereof of the public way which lies within 2,650 feet of the ends of the portion to be discontinued, or lies within so much of that 2,650 feet as shall be is within the corporate limits of the city, village or town. The beginning and ending of an alley shall be considered to be within the block in which it is located. This subsection does not apply to a highway upon the line between 2 towns that is subject to s. 80.11.

AB710, s. 339 Section 339. 66.296 (1m) of the statutes is renumbered 66.1003 (3) and amended to read:

AB710,236,20 66.1003 (3) The whole or any part of any unpaved alley in any 2nd, 3rd or 4th class city or in any village or town may be discontinued by the common council or village or town board common council of any city, except a 1st class city, or a village or town board may discontinue all or part of an unpaved alley upon the written petition of the owners of more than 50% of the frontage of the lots and lands abutting upon the portion thereof of the unpaved alley sought to be discontinued. The beginning and ending of an unpaved alley shall be considered to be within the block in which it is located. This subsection does not apply to a highway upon the line between 2 towns that is subject to s. 80.11.

AB710, s. 340 Section 340. 66.296 (2) of the statutes is renumbered 66.1003 (4), and 66.1003 (4) (a) to (c), as renumbered, are amended to read:

AB710,237,4 66.1003 (4) (a) As an alternative Notwithstanding subs. (2) and (3), proceedings covered by this section may be initiated by the common council or village or town board by the introduction of a resolution declaring that since the public interest requires it, the whole or any part of any road, street, slip, pier, lane or alley in the city, village or town is thereby a public way or an unpaved alley is vacated and discontinued. No discontinuance of a public way under this subsection may result in a landlocked parcel of property.

AB710,237,14 (b) A hearing on the passage of such a resolution under par. (a) shall be set by the common council or village or town board on a date which shall not be less than 40 days thereafter after the date on which the resolution is introduced. Notice of the hearing shall be given as provided in sub. (5) (8), except that in addition notice of such the hearing shall be served on the owners of all of the frontage of the lots and lands abutting upon the portion thereof public way or unpaved alley sought to be discontinued in a manner provided for the service of summons in circuit court at least 30 days before such the hearing. When such service cannot be made within the city, village or town, a copy of the notice shall be mailed to the owner's last-known address at least 30 days before the hearing.

AB710,238,4 (c) No Except as provided in this paragraph, no discontinuance of the whole or any part of any road, street, slip, pier, lane or paved alley shall a public way may be ordered under this subsection if a written objection to the proposed discontinuance is filed with the city, village or town clerk by any of the owners abutting on the portion public way sought to be discontinued or by the owners of more than one-third of the frontage of the lots and lands abutting on that portion of the remainder thereof of the public way which lies within 2,650 feet from the ends of the portion public way proposed to be discontinued; or which lies within so much of said that portion of the 2,650 feet as shall be that is within the corporate limits of the city, village or town. If a written objection is filed, the discontinuance may be ordered only by the favorable vote of two-thirds of the members of the common council or village or town board voting on the proposed discontinuance. An owner of property abutting on a discontinued public way whose property is damaged by the discontinuance may recover damages as provided in ch. 32. The beginning and ending of an alley shall be considered to be within the block in which it is located.

Note: Amends sub. (4) (a) by prohibiting discontinuance of a public way under the subsection that results in a landlocked parcel.

Amends sub. (4) (c). The current provision states that a discontinuance may not be ordered if a written objection is filed by any owner abutting the property to be discontinued or filed by the owners of more than one-third of the frontage of the lots and lands abutting the property to be discontinued which lies within 2,650 feet from the ends of the property, or which lies within 2,650 feet of the municipal limits. The provision is amended as follows:

1. If a written objection is filed, either by an abutting owner or an appropriate number of those other owners affected by the discontinuance, the discontinuance may be ordered only by the favorable vote of two-thirds of the members of the common council or village or town board voting on the proposed discontinuance.

2. It is expressly stated that an owner of property abutting on a discontinued public way whose property is damaged by the discontinuance may recover damages as provided in ch. 32.

AB710, s. 341 Section 341. 66.296 (2m) of the statutes is renumbered 66.1003 (5).

AB710, s. 342 Section 342 . 66.296 (3), (4) and (5) of the statutes are renumbered 66.1003 (6), (7) and (8) and amended to read:

AB710,238,16 66.1003 (6) Whenever any of the lots or lands subject to this section is owned by the state, county, city, village or town, or by a minor or incompetent person, or the title thereof to the lots or lands is held in trust, as to all lots and lands so owned or held, petitions for discontinuance or objections to discontinuance may be signed by the governor, chairperson of the board of supervisors of the county, mayor of the city, president of the village, chairperson of the town board, guardian of the minor or incompetent person, or the trustee, respectively, and the signature of any private corporation may be made by its president, secretary or other principal officer or managing agent.

AB710,239,6 (7) The city council or village or town board may by resolution discontinue any alley or any portion thereof of an alley which has been abandoned, at any time after the expiration of 5 years from the date of the recording of the plat by which it was dedicated. Failure or neglect to work or use any alley or any portion thereof of an alley for a period of 5 years next preceding the date of notice provided for in sub. (5) (8) shall be considered an abandonment for the purpose of this section.

AB710,239,10 (8) Notice stating when and where the petition or resolution under this section will be acted upon and stating what road, street, slip, pier, lane or alley, or part thereof, public way or unpaved alley is proposed to be discontinued, shall be published as a class 3 notice, under ch. 985.

AB710, s. 343 Section 343. 66.296 (6) of the statutes is renumbered 66.1003 (9).

AB710, s. 344 Section 344. 66.297 of the statutes is renumbered 62.73 and amended to read:

AB710,239,22 62.73 Discontinuance of public grounds. (1) In every city of the 1st class, the The common council of a 1st class city may vacate in whole or in part such highways, streets, alleys, grounds, waterways, public walks and other public grounds within the corporate limits of the city as in its opinion that it determines the public interest requires to be vacated or are of no public utility, subject to s. 80.32 (4). Such proceedings Proceedings under this section shall be commenced either by a petition presented to the common council signed by the owners of all property which abuts upon the portion of the public facilities proposed to be vacated, or by a resolution adopted by the common council. The requirements of s. 840.11 shall apply to proceedings under this section.

AB710,240,3 (2) All petitions or resolutions shall be referred to a committee of the common council for a public hearing on such the proposed discontinuance and at least 7 days shall elapse between the date of the last service and the date of such the hearing. A notice of such hearing shall be served on the owners of record of all property which abuts upon the portion of the public facilities proposed to be vacated, in the manner provided for service of a summons.

AB710,240,8 (3) If the common council initiates a discontinuance proceeding by resolution without a petition signed by all of the owners of the property which abuts the public facility proposed to be discontinued, any owner of property abutting such the public facility whose property is damaged thereby by the discontinuance may recover such damages as provided in ch. 32.

AB710,240,10 (4) The common council may also order that an assessment of benefits be made and when so ordered the assessment shall be made as provided in s. 66.60 66.0703.

AB710, s. 345 Section 345. 66.298 of the statutes is renumbered 66.0905 and amended to read:

AB710,240,22 66.0905 Pedestrian malls. After referring the matter to the plan commission for report under s. 62.23 (5), or the town zoning committee under s. 60.61 (4), and after holding a public hearing on the matter with publication of a Class 1 notice of the hearing, the governing body of any city or village, or any town board acting under s. 60.61 or 60.62, may by ordinance designate any street, road or public way or any part thereof of a street, road or public way wholly within its jurisdiction as a pedestrian mall and prohibit or limit the use thereof by vehicular traffic in the pedestrian mall. Creation of such a pedestrian malls shall mall under this section does not constitute a discontinuance or vacation of such the street, road or public way under s. 66.296 66.1003 or 236.43.