AB710,71,25 2566.0401 (title) Regulation of relating to solar and wind energy systems.

Note: Amends the title to reflect the consolidation of current ss. 66.031 and
66.033.
AB710, s. 79 1Section 79. 66.031 of the statutes is renumbered 66.0401 (1), and 66.0401 (1)
2(intro.), as renumbered, is amended to read:
AB710,72,73 66.0401 (1) Authority to restrict systems limited. (intro.) No county, city,
4town or village may place any restriction, either directly or in effect, on the
5installation or use of a solar energy system, as defined in s. 13.48 (2) (h) 1. g., or a wind
6energy system, as defined in s. 66.032 66.0415 (1) (m), unless the restriction satisfies
7one of the following conditions:
AB710, s. 80 8Section 80. 66.0311 (title) and (1) of the statutes are created to read:
AB710,72,11 966.0311 (title) Intergovernmental cooperation in financing and
10undertaking housing projects.
(1) In this section, "municipality" has the
11meaning given in s. 66.0301 (1) (a).
AB710, s. 81 12Section 81. 66.0313 (1) of the statutes is created to read:
AB710,72,1413 66.0313 (1) In this section, "law enforcement agency" has the meaning given
14in s. 165.83 (1) (b).
Note: Creates a definition of the term "law enforcement agency" for use in
renumbered s. 66.0313 (2) as shown in Section 363 of this bill.
AB710, s. 82 15Section 82. 66.032 of the statutes is renumbered 66.0403, and 66.0403 (1) (h),
16as renumbered, is amended to read:
AB710,72,1917 66.0403 (1) (h) "Owner" means at least one owner, as defined under s. 66.021
18(1) (b)
66.0217 (1) (c), of a property or the personal representative of at least one
19owner.
AB710, s. 83 20Section 83 . 66.033 (title) of the statutes is repealed.
AB710, s. 84 21Section 84 . 66.033 of the statutes is renumbered 66.0401 (2) and amended to
22read:
AB710,73,9
166.0401 (2) Authority to require trimming of blocking vegetation. Any A
2county, city, village or town may provide by ordinance for the trimming of vegetation
3which blocks solar energy, as defined in s. 66.032 66.0415 (1) (k), from a collector
4surface, as defined under s. 700.41 (2) (b), or which block blocks wind from a wind
5energy system, as defined in s. 66.032 66.0415 (1) (m). The ordinance may include,
6but is not limited to, a designation of responsibility for the costs of the trimming. The
7ordinance may not require the trimming of vegetation that was planted by the owner
8or occupant of the property on which the vegetation is located before the installation
9of the solar or wind energy system.
AB710, s. 85 10Section 85. 66.034 of the statutes, as created by 1999 Wisconsin Act 9, is
11renumbered 66.1027.
AB710, s. 86 12Section 86. 66.035 of the statutes is repealed.
Note: The substance of the repealed section is restated in new s. 66.0103. See
Section 28 of this bill.
AB710, s. 87 13Section 87. 66.036 of the statutes is renumbered 145.195.
AB710, s. 88 14Section 88. 66.037 of the statutes is renumbered 66.1111.
AB710, s. 89 15Section 89. 66.04 (title) of the statutes is renumbered 66.0601 (title).
AB710, s. 90 16Section 90. 66.04 (1) of the statutes is renumbered 66.0601 (1) (a) and
17amended to read:
AB710,73,2118 66.0601 (1) (a) Bonus to state institution . No appropriation or bonus of any
19kind
, except for a donation, may be made by any a town, village, or city, nor any
20municipal liability created nor tax levied, as a consideration or inducement to the
21state to locate any public educational, charitable, reformatory, or penal institution.
AB710, s. 91 22Section 91. 66.04 (1m) (title) of the statutes is repealed.
AB710, s. 92
1Section 92. 66.04 (1m) (a) and (b) of the statutes, as affected by 1999 Wisconsin
2Act 9
, are renumbered 66.0601 (1) (b) and (c).
AB710, s. 93 3Section 93. 66.04 (2), (2m) and (2s) of the statutes are renumbered 66.0603
4(1), (2) and (3), and 66.0603 (1) (a) (intro.) and (b) to (d) and (2) (intro.), as
5renumbered, are amended to read:
AB710,74,86 66.0603 (1) (a) (intro.) Any A county, city, village, town, school district, drainage
7district, technical college district or other governing board as defined by s. 34.01 (1)
8may invest any of its funds not immediately needed in any of the following:
AB710,74,159 (b) Any A town, city or village may invest surplus funds in any bonds or
10securities issued under the authority of the municipality, whether the bonds or
11securities create a general municipality liability or a liability of the property owners
12of the municipality for special improvements, and may sell or hypothecate the bonds
13or securities. Funds of any an employer, as defined by s. 40.02 (28), in a deferred
14compensation plan may also be invested and reinvested in the same manner
15authorized for investments under s. 881.01 (1).
AB710,74,1916 (c) Any A local government, as defined under s. 25.50 (1) (d), may invest surplus
17funds in the local government pooled-investment fund. Cemetery care funds,
18including gifts where the principal is to be kept intact, may also be invested under
19ch. 881.
AB710,74,2520 (d) Any A county, city, village, town, school district, drainage district, technical
21college district or other governing board as defined by s. 34.01 (1) may engage in
22financial transactions in which a public depository, as defined in s. 34.01 (5), agrees
23to repay funds advanced to it by the local government plus interest, if the agreement
24is secured by bonds or securities issued or guaranteed as to principal and interest by
25the federal government.
AB710,75,6
1(2) Delegation of investment authority. (intro.) Any A county, city, village,
2town, school district, drainage district, technical college district or other governing
3board, as defined in s. 34.01 (1), may delegate the investment authority over any of
4its funds not immediately needed to a state or national bank, or trust company, which
5is authorized to transact business in this state if all of the following conditions are
6met:
AB710, s. 94 7Section 94. 66.04 (3) of the statutes is renumbered 66.0601 (2).
AB710, s. 95 8Section 95. 66.04 (4) of the statutes is renumbered 66.0603 (4) and amended
9to read:
AB710,75,1510 66.0603 (4) Invested fund proceeds in populous cities, use. In any city of the
11first
a 1st class city, all interest derived from invested funds held by the city treasurer
12in a custodial capacity on behalf of any political entity, except for pension funds, shall
13be deemed
is general revenues revenue of such the city and shall revert to the city's
14general fund, conditioned upon the approval by such the political entity evidenced
15by a resolution adopted for that purpose.
AB710, s. 96 16Section 96. Subchapter IV (title) of chapter 66 [precedes 66.0401] of the
17statutes is created to read:
AB710,75,1818 Chapter 66
AB710,75,2019 Subchapter IV
20 Regulation
AB710, s. 97 21Section 97. 66.041 of the statutes is renumbered 66.0605 and amended to
22read:
AB710,76,5 2366.0605 Local government audits and reports. Notwithstanding any
24other statute, the governing body of any a county, city, village or town may require
25or authorize a financial audit of any a municipal or county officer, department, board,

1commission, function or activity financed in whole or part from municipal or county
2funds, or if any portion of the funds thereof are the funds of such the county, city,
3village or town. The governing body may likewise require submission of periodic
4financial reports by any such the officer, department, board, commission, function
5or activity.
AB710, s. 98 6Section 98 . 66.0413 (1) (title) of the statutes is created to read:
AB710,76,77 66.0413 (1) (title) Authority and procedure.
AB710, s. 99 8Section 99. 66.0413 (1) (a) and (b) of the statutes are created to read:
AB710,76,99 66.0413 (1) (a) Definitions. In this subsection:
AB710,76,1110 1. "Building" includes any building or structure or any portion of a building or
11structure.
AB710,76,1312 2. "Raze a building" means to demolish and remove the building and to restore
13the site to a dust-free and erosion-free condition.
AB710,76,1514 (b) Raze order. The governing body, building inspector or other designated
15officer of a municipality may:
AB710,76,2016 1. If a building is old, dilapidated or out of repair and consequently dangerous,
17unsafe, unsanitary or otherwise unfit for human habitation and unreasonable to
18repair, order the owner of the building to raze the building or, if the building can be
19made safe by reasonable repairs, order the owner to either make the building safe
20and sanitary or to raze the building, at the owner's option.
AB710,76,2221 2. If there has been a cessation of normal construction of a building for a period
22of more than 2 years, order the owner of the building to raze the building.
Note: Paragraphs (a) and (b) restate s. 66.05 (1g) and a portion of sub. (1m) (a).
See Section 135 of the bill.
AB710, s. 100 23Section 100. 66.0413 (1) (br) (title) of the statutes is created to read:
AB710,77,1
166.0413 (1) (br) (title) Notice of unfitness for occupancy or use; penalty.
AB710, s. 101 2Section 101 . 66.0413 (1) (br) 1. of the statutes is created to read:
AB710,77,93 66.0413 (1) (br) 1. If a building subject to an order under par. (b) is unsanitary
4and unfit for human habitation, occupancy or use and is not in danger of structural
5collapse, the building inspector or other designated officer shall post a placard on the
6premises containing the following notice: "This Building May Not Be Used For
7Human Habitation, Occupancy or Use." The building inspector or other designated
8officer shall prohibit use of the building for human habitation, occupancy or use until
9necessary repairs have been made.
Note: Restates the last 2 sentences of current s. 66.05 (2) (a), deleted by
Section 139.
AB710, s. 102 10Section 102 . 66.0413 (1) (d) of the statutes is created to read:
AB710,77,2211 66.0413 (1) (d) Service of order. An order under par. (b) shall be served on the
12owner of record of the building that is subject to the order or on the owner's agent if
13the agent is in charge of the building in the same manner as a summons is served
14in circuit court. An order under par. (b) shall be served on the holder of an
15encumbrance of record by 1st class mail at the holder's last-known address and by
16publication as a class 1 notice under ch. 985. If the owner and the owner's agent
17cannot be found or if the owner is deceased and an estate has not been opened, the
18order may be served by posting it on the main entrance of the building and by
19publishing it as a class 1 notice under ch. 985 before the time limited in the order
20begins to run. The time limited in the order begins to run from the date of service
21on the owner or owner's agent or, if the owner and agent cannot be found, from the
22date that the order was posted on the building.
Note: Restates a portion of s. 66.05 (1m) (a).
AB710, s. 103 23Section 103 . 66.0413 (1) (k) of the statutes is created to read:
AB710,78,4
166.0413 (1) (k) Public nuisance procedure. A building which is determined
2under par. (b) 1. to be old, dilapidated or out of repair and consequently dangerous,
3unsafe, unsanitary or otherwise unfit for human habitation and unreasonable to
4repair may be proceeded against as a public nuisance under ch. 823.
Note: Restates for convenience, in renumbered s. 66.0413, current s. 823.21.
AB710, s. 104 5Section 104. 66.0413 (1) (L) (title) of the statutes is created to read:
AB710,78,66 66.0413 (1) (L) (title) Effect of subsection.
AB710, s. 105 7Section 105. 66.0413 (2) (title) of the statutes is created to read:
AB710,78,88 66.0413 (2) (title) Razing building that is a public nuisance; in rem procedure.
AB710, s. 106 9Section 106 . 66.0413 (2) (a) 2. and 3. of the statutes are created to read:
AB710,78,1510 66.0413 (2) (a) 2. "Public nuisance" means a building that, as a result of
11vandalism or any other reason, has deteriorated or is dilapidated or blighted to the
12extent that windows, doors or other openings, plumbing or heating fixtures, or
13facilities or appurtenances of the building are damaged, destroyed or removed so that
14the building offends the aesthetic character of the immediate neighborhood and
15produces blight or deterioration.
AB710,78,1716 3. "Raze a building" means to demolish and remove the building and to restore
17the site to a dust-free and erosion-free condition.
Note: Restates s. 66.05 (8) (d), repealed by Section 147 of this bill.
AB710, s. 107 18Section 107. 66.0413 (3) (title) of the statutes is created to read:
AB710,78,1919 66.0413 (3) (title) Razing historic buildings.
AB710, s. 108 20Section 108 . 66.0413 (4) (title) of the statutes is created to read:
AB710,78,2121 66.0413 (4) (title) First class cities; other provisions.
AB710, s. 109 22Section 109. 66.042 of the statutes is renumbered 66.0607 and amended to
23read:
AB710,79,12
166.0607 Withdrawal or disbursement from local treasury. (1) Except as
2otherwise provided in subs. (2) to (5), in every a county, city, village, town and or
3school district, all disbursements from the treasury shall be made by the treasurer
4thereof upon the written order of the county, city, village, town or school clerk after
5proper vouchers have been filed in the office of the clerk; and in all cases where. If
6the statutes provide for payment by the treasurer without an order of the clerk, it
7shall hereafter be the duty of
the clerk to shall draw and deliver to the treasurer an
8order therefor for the payment before or at the time when such that the payment is
9required to be made by the treasurer. The provisions of this This section shall apply
10applies to all special and general provisions of the statutes relative to the
11disbursement of money from the county, city, village, town or school district treasury
12except s. 67.10 (2).
AB710,79,19 13(2) Notwithstanding other law, a county having a population of 500,000 or more
14may, by ordinance, adopt any other method of allowing vouchers, disbursing funds,
15reconciling outstanding county orders, reconciling depository accounts, examining
16county orders, and accounting therefor consistent with accepted accounting and
17auditing practices, provided that if the ordinance shall prior to its adoption be is
18submitted to the department of revenue, which shall submit its recommendations on
19the proposed ordinance to the county board of supervisors.
AB710,80,19 20(3) Except as provided in subs. (2), (3m) and (5), disbursements of the county,
21city, village, town or school district funds from demand deposits shall be by draft or
22order check and withdrawals from savings or time deposits shall be by written
23transfer order. Written transfer orders may be executed only for the purpose of
24transferring deposits to an authorized deposit of the public depositor in the same or
25another authorized public depository. The transfer shall be made directly by the

1public depository from which the withdrawal is made. No draft or order check issued
2under this subsection may be released to the payee, nor is the draft or order check
3valid, unless signed by the clerk and treasurer. No transfer order is valid unless
4signed by the clerk and the treasurer. Unless otherwise directed by ordinance or
5resolution adopted by the governing body, a certified copy of which shall be filed with
6each public depository concerned, the chairperson of the county board, mayor, village
7president, town chairperson or school district president, as the case may be, shall
8countersign all drafts or order checks and all transfer orders. The governing body
9may also, by ordinance or resolution, authorize additional signatures. In lieu of the
10personal signatures of the clerk and treasurer and such any other required signature
11as may be required, the facsimile signature adopted by the person and approved by
12the governing body concerned may be affixed to the draft, order check or transfer
13order. The use of a facsimile signature does not relieve any an official from any
14liability to which the official is otherwise subject, including the unauthorized use of
15the facsimile signature. Any A public depository shall be is fully warranted and
16protected in making payment on any draft or order check or transferring pursuant
17to a transfer order bearing a facsimile signature affixed as provided by this
18subsection notwithstanding that the facsimile signature may have been placed
19thereon
affixed without the authority of the designated persons.
AB710,80,24 20(3m) Any A county, city, village, town or school district may process periodic
21payments through the use of money transfer techniques, including direct deposit,
22electronic funds transfer and automated clearinghouse methods. The county,
23municipal or school district treasurer shall keep a record of the date, payee and
24amount of each disbursement made by a money transfer technique.
AB710,81,9
1(4) Except as provided in sub. (3m), if any a board, commission or committee
2of any a county, city, village, town or school district is vested by statute with exclusive
3control and management of a fund, including the audit and approval of payments
4therefrom from the fund, independently of the governing body, such payments under
5this section
shall be made by drafts or order checks issued by the county, city, village,
6town or school clerk upon the filing with him or her the clerk of certified bills,
7vouchers or schedules signed by the proper officers of such the board, commission or
8committee, giving the name of the claimant or payee, and the amount and nature of
9each payment.
AB710,81,15 10(5) In cities of the a 1st class city, municipal disbursements of public moneys
11shall be by draft, order, check, order check or as provided under sub. (3m). Checks
12or drafts shall be signed by the treasurer and countersigned by the comptroller.
13Orders shall be signed by the mayor and clerk and countersigned by the comptroller,
14as provided in the charter of such the city. Disbursements of school moneys shall be
15as provided by s. 119.50.
AB710,81,24 16(6) Withdrawal or disbursement of moneys deposited in a public depository as
17defined in s. 34.01 (5) by a treasurer as defined in s. 34.01 (7), other than the elected,
18appointed or acting official treasurer of a county, city, village, town or school district,
19shall be by endorsement, written order, draft, share draft, check or other draft signed
20by the person or persons designated by written authorization of the governing board
21as defined in s. 34.01 (1). The authorization shall conform to any statute covering
22the disbursement of the funds. Any A public depository shall be is fully warranted
23and protected in making payment in accordance with the latest authorization filed
24with it.
AB710,82,5
1(7) No order may be issued by the a county, city, village, town, special purpose
2district, school district, cooperative education service agency or technical college
3district clerk in excess of funds available or appropriated for the purposes for which
4the order is drawn, unless authorized by a resolution adopted by the affirmative vote
5of two-thirds of the entire membership of the governing body.
AB710, s. 110 6Section 110 . 66.0423 (1) of the statutes is created to read:
AB710,82,77 66.0423 (1) In this section:
AB710,82,128 (a) "Sale of merchandise" includes a sale in which the personal services
9rendered upon or in connection with the merchandise constitutes the greatest part
10of value for the price received, but does not include a farm auction sale conducted by
11or for a resident farmer of personal property used on the farm or the sale of produce
12or other perishable products at retail or wholesale by a resident of this state.
AB710,82,1513 (b) "Transient merchant" means a person who engages in the sale of
14merchandise at any place in this state temporarily and who does not intend to
15become and does not become a permanent merchant of that place.
Note: Incorporates a definition from s. 130.065 (1m), 1987 stats., into the
current statute regarding the regulation of transient merchants. See Section
251 of this bill.
AB710, s. 111 16Section 111. 66.0425 (10) of the statutes is created to read:
AB710,82,1717 66.0425 (10) A privilege may be granted only as provided in this section.
AB710, s. 112 18Section 112. 66.0435 (10) of the statutes is created to read:
AB710,82,2119 66.0435 (10) The powers conferred on licensing authorities by this section are
20in addition to all other grants of authority and are limited only by the express
21language of this section.
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