SB21: Bill Text

SB21,1956 Section 1956. 66.0213 (6) of the statutes is amended to read:

SB21,777,7 66.0213 (6) Reorganization of city as village. If the population of any city falls below 1,000 as determined by the United States census, the council may upon filing of a petition conforming to the requirements of s. 8.40 containing the signatures of at least 15% of the electors submit at any general or city election the question whether the city shall reorganize as a village. If three-fifths of the votes cast on the question are for reorganization the mayor and council shall record the return in the office of the register of deeds, file a certified copy with the clerk of the circuit court, and immediately call an election, to be conducted as are village elections, for the election of village officers. Upon the qualification of the officers, the board of trustees shall declare the city reorganized as a village, and the reorganization is effective. The clerk shall certify a copy of the declaration to the secretary of state administration who shall file the declaration and endorse a memorandum of the declaration on the record of the certificate of incorporation of the city. Rights and liabilities of the city continue in favor of or against the village. Ordinances, so far as within the power of the village, remain in force until changed.

SB21,1957 Section 1957. 66.0215 (5) of the statutes is amended to read:

SB21,777,16 66.0215 (5) Certificate of incorporation. If a majority of the votes are cast in favor of a city the clerk shall certify the fact to the secretary of state administration, together with the result of the census, if any, and 4 copies of a description of the legal boundaries of the town and 4 copies of a plat of the town. The secretary of state administration shall then issue a certificate of incorporation, and record the certificate in a book kept for that purpose. Two copies of the description and plat shall be forwarded by the secretary of state administration to the department of transportation and one copy to the department of revenue.

SB21,1958 Section 1958. 66.0216 (5) of the statutes is amended to read:

SB21,778,3 66.0216 (5) Certificate of incorporation. If a majority of the votes are cast in favor of a city or village, the town clerk shall certify that fact to the secretary of state administration together with 4 copies of a description of the legal boundaries of the town, and 4 copies of a plat of the town. The town clerk shall also send the secretary of state administration an incorporation fee of $1,000. Upon receipt of the town clerk's certification, the incorporation fee, and other required documents, the secretary of state administration shall issue a certificate of incorporation and record the certificate in a book kept for that purpose. The secretary of state administration shall provide 2 copies of the description and plat to the department of transportation and one copy to the department of revenue. The town clerk shall also transmit a copy of the certification and the resolution under sub. (1) to the county clerk.

SB21,1959 Section 1959. 66.0216 (6) of the statutes is amended to read:

SB21,778,11 66.0216 (6) Action. No action to contest the validity of an incorporation under this section on any grounds, whether procedural or jurisdictional, may be commenced after 60 days from the date of issuance of the certificate of incorporation by the secretary of state administration. In any such action, the burden of proof as to all issues is upon the person bringing the action to show that the incorporation is not valid. An action contesting an incorporation shall be given preference in the circuit court.

SB21,1960 Section 1960. 66.0217 (9) (a) of the statutes is amended to read:

SB21,779,4 66.0217 (9) (a) The clerk of a city or village which has annexed territory shall file immediately with the secretary of state administration a certified copy of the ordinance, certificate and plat, and shall send one copy to each company that provides any utility service in the area that is annexed. The city or village shall also file with the county clerk or board of election commissioners the report required by s. 5.15 (4) (bg). The clerk shall record the ordinance with the register of deeds and file a signed copy of the ordinance with the clerk of any affected school district. Failure to file, record or send does not invalidate the annexation and the duty to file, record or send is a continuing one. The ordinance that is filed, recorded or sent shall describe the annexed territory and the associated population. The information filed with the secretary of state administration shall be utilized in making recommendations for adjustments to entitlements under the federal revenue sharing program and distribution of funds under ch. 79. The clerk shall certify annually to the secretary of state administration and record with the register of deeds a legal description of the total boundaries of the municipality as those boundaries existed on December 1, unless there has been no change in the 12 months preceding.

SB21,1961 Section 1961. 66.0217 (9) (b) of the statutes is amended to read:

SB21,779,13 66.0217 (9) (b) Within 10 days of receipt of the ordinance, certificate and plat, the secretary of state administration shall forward 2 copies of the ordinance, certificate and plat to the department of transportation, one copy to the department of administration, one copy to the department of revenue, one copy to the department of public instruction, one copy to the department, one copy to the department of natural resources, one copy to the department of agriculture, trade and consumer protection and 2 copies to the clerk of the municipality from which the territory was annexed.

SB21,1962 Section 1962. 66.0219 (7) of the statutes is amended to read:

SB21,779,19 66.0219 (7) Appeal. An appeal from the order of the circuit court is limited to contested issues determined by the circuit court. An appeal shall not stay the conduct of the referendum election, if one is ordered, but the statement of the election results and the copies of the certificate and plat may not be filed with the secretary of state administration until the appeal has been determined.

SB21,1963 Section 1963. 66.0221 (1) of the statutes is amended to read:

SB21,780,18 66.0221 (1) Upon its own motion and subject to sub. (3) and ss. 66.0301 (6) (d) and 66.0307 (7), a city or village, by a two-thirds vote of the entire membership of its governing body, may enact an ordinance annexing territory which comprises a portion of a town or towns and which was completely surrounded by territory of the city or village on December 2, 1973. The ordinance shall include all surrounded town areas except those that are exempt by mutual agreement of all of the governing bodies involved. The annexation ordinance shall contain a legal description of the territory and the name of the town or towns from which the territory is detached. Upon enactment of the ordinance, the city or village clerk immediately shall file 6 certified copies of the ordinance in the office of with the secretary of state administration, together with 6 copies of a scale map. The city or village shall also file with the county clerk or board of election commissioners the report required by s. 5.15 (4) (bg). The secretary of state administration shall forward 2 copies of the ordinance and scale map to the department of transportation, one copy to the department of natural resources, one copy to the department of revenue and one copy to the department of administration. This subsection does not apply if the town island was created only by the annexation of a railroad right-of-way or drainage ditch. This subsection does not apply to land owned by a town government which has existing town government buildings located on the land. No town island may be annexed under this subsection if the island consists of over 65 acres or contains over 100 residents. Section 66.0217 (11) applies to annexations under this subsection. Except as provided in sub. (2), after December 2, 1973, no city or village may, by annexation, create a town area which is completely surrounded by the city or village.

SB21,1964 Section 1964. 66.0223 (1) of the statutes is amended to read:

SB21,781,13 66.0223 (1) In addition to other methods provided by law and subject to sub. (2) and ss. 66.0301 (6) (d) and 66.0307 (7), territory owned by and lying near but not necessarily contiguous to a village or city may be annexed to a village or city by ordinance enacted by the board of trustees of the village or the common council of the city, provided that in the case of noncontiguous territory the use of the territory by the city or village is not contrary to any town or county zoning regulation. The ordinance shall contain the exact description of the territory annexed and the names of the towns from which detached, and attaches the territory to the village or city upon the filing of 7 certified copies of the ordinance in the office of with the secretary of state administration, together with 7 copies of a plat showing the boundaries of the territory attached. The city or village shall also file with the county clerk or board of election commissioners the report required by s. 5.15 (4) (bg). Two copies of the ordinance and plat shall be forwarded by the secretary of state administration to the department of transportation, one copy to the department of administration, one copy to the department of natural resources, one copy to the department of revenue and one copy to the department of public instruction. Within 10 days of filing the certified copies, a copy of the ordinance and plat shall be mailed or delivered to the clerk of the county in which the annexed territory is located. Sections 66.0203 (8) (c) and 66.0217 (11) apply to annexations under this section.

SB21,1965 Section 1965. 66.0227 (5) of the statutes is amended to read:

SB21,781,17 66.0227 (5) The ordinance, certificate and plat shall be filed and recorded in the same manner as annexations under s. 66.0217 (9) (a). The requirements for the secretary of state administration are the same as in s. 66.0217 (9) (b).

SB21,1966 Section 1966. 66.0231 of the statutes is amended to read:

SB21,782,10 66.0231 Notice of certain litigation affecting municipal status or boundaries. If a proceeding under ss. 61.187, 61.189, 61.74, 62.075, 66.0201 to 66.0213, 66.0215, 66.0216, 66.0217, 66.0221, 66.0223, 66.0227, 66.0301 (6), or 66.0307 or other sections relating to an incorporation, annexation, consolidation, dissolution or detachment of territory of a city or village is contested by instigation of legal proceedings, the clerk of the city or village involved in the proceedings shall file with the secretary of state administration 4 copies of a notice of the commencement of the action. The clerk shall file with the secretary of state administration 4 copies of any judgments rendered or appeals taken in such cases. The notices or copies of judgments that are required under this section may also be filed by an officer or attorney of any party of interest. If any judgment has the effect of changing the municipal boundaries, the city or village clerk shall also file with the county clerk or board of election commissioners the report required by s. 5.15 (4) (bg). The secretary of state administration shall forward to the department of transportation 2 copies and to the department of revenue and the department of administration one copy each of any notice of action or judgment filed with the secretary of state administration under this section.

SB21,1967 Section 1967. 66.0301 (1) (a) of the statutes is amended to read:

SB21,783,2 66.0301 (1) (a) Except as provided in pars. (b) and (c), in this section "municipality" means the state or any department or agency thereof, or any city, village, town, county, school district, public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70 (2), local exposition district created under subch. II of ch. 229, local professional baseball park district created under subch. III of ch. 229, local professional football stadium district created under subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229, local sports and entertainment district created under subch. VI of ch. 229, long-term care district under s. 46.2895, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district, regional planning commission, housing authority created under s. 66.1201, redevelopment authority created under s. 66.1333, community development authority created under s. 66.1335, or city-county health department.

SB21,1968 Section 1968 . 66.0301 (1) (a) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,783,20 66.0301 (1) (a) Except as provided in pars. (b) and (c), in this section "municipality" means the state or any department or agency thereof, or any city, village, town, county, school district, public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70 (2), local exposition district created under subch. II of ch. 229, local professional baseball park district created under subch. III of ch. 229, local professional football stadium district created under subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229, local sports and entertainment district created under subch. VI of ch. 229, long-term care district under s. 46.2895, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district, regional planning commission, housing authority created under s. 66.1201, redevelopment authority created under s. 66.1333, community development authority created under s. 66.1335, or city-county health department.

SB21,1969 Section 1969. 66.0301 (6) (e) of the statutes is amended to read:

SB21,784,4 66.0301 (6) (e) A boundary change included in an agreement under this subsection shall be accomplished by the enactment of an ordinance by the governing body designated to do so in the agreement. The filing and recording requirements under s. 66.0217 (9) (a), as they apply to cities and villages under s. 66.0217 (9) (a), apply to municipalities under this subsection. The requirements for the secretary of state administration under s. 66.0217 (9) (b), as they apply under that section, apply to the secretary of state administration when he or she receives an ordinance that is filed under this subsection.

SB21,1970 Section 1970. 66.0307 (10) of the statutes is amended to read:

SB21,784,12 66.0307 (10) Boundary change ordinance; filing and recording requirements. A boundary change under a cooperative plan shall be accomplished by the enactment of an ordinance by the governing body designated to do so in the plan. The filing and recording requirements under s. 66.0217 (9) (a), as they apply to cities and villages under s. 66.0217 (9) (a), apply to municipalities under this subsection. The requirements for the secretary of state administration are the same as those required in s. 66.0217 (9) (b).

SB21,1971 Section 1971. 66.0316 (6) (intro.) of the statutes is amended to read:

SB21,784,18 66.0316 (6) Training and assistance. (intro.) The board of regents of the University of Wisconsin System Authority shall direct the extension to assist councils created under this section in performing their duties under subs. (4) and (5). The board of regents shall ensure that council members are trained in how to do all of the following:

SB21,1972 Section 1972. 66.0410 (2) (a) of the statutes is amended to read:

SB21,784,24 66.0410 (2) (a) A political subdivision may not enact an ordinance or adopt a resolution that prohibits, and the Board of Regents of the University of Wisconsin System Authority may not promulgate a rule or adopt a resolution prohibiting prohibit, the resale of any ticket for an amount that is equal to or less than the ticket's face value.

SB21,1973 Section 1973. 66.0410 (2) (b) of the statutes is amended to read:

SB21,785,4 66.0410 (2) (b) If a political subdivision or the Board of Regents of the University of Wisconsin System has in effect on April 22, 2004 an ordinance, rule, or resolution, or prohibition that is inconsistent with par. (a), the ordinance, rule, or resolution, or prohibition does not apply and may not be enforced.

SB21,1974 Section 1974. 66.0417 (1) of the statutes is amended to read:

SB21,785,21 66.0417 (1) An employee or agent of a local health department designated by the department of health services under s. 254.69 (2) or the department of agriculture, trade and consumer protection under s. 97.41 or 97.615 (2) may enter, at reasonable hours, any premises for which the local health department issues a permit license under s. 97.41 or 254.69 (2) 97.615 (2) to inspect the premises, secure samples or specimens, examine and copy relevant documents and records , or obtain photographic or other evidence needed to enforce subch. VII of ch. 254, ch. 97 or s. 254.47, relating to those premises. If samples of food are taken, the local health department shall pay or offer to pay the market value of those samples. The local health department, department of health services or department of agriculture, trade and consumer protection shall examine the samples and specimens secured and shall conduct other inspections and examinations needed to determine whether there is a violation of subch. VII of ch. 254, ch. 97 or s. 254.47, rules adopted by the departments department under those statutes, ordinances adopted by the village, city or county or regulations adopted by the local board of health under s. 97.41 (7) or 254.69 97.615.

SB21,1975 Section 1975. 66.0417 (2) of the statutes is amended to read:

SB21,786,14 66.0417 (2) (a) Whenever, as a result of an examination, a village, city or county has reasonable cause to believe that any examined food constitutes, or that any construction, sanitary condition, operation or method of operation of the premises or equipment used on the premises creates an immediate danger to health, the administrator of the village, city or county agency responsible for the village's, city's or county's agent functions under s. 97.41 or 254.69 (2) 97.615 (2) may issue a temporary order and cause it to be delivered to the permittee licensee, or to the owner or custodian of the food, or to both. The order may prohibit the sale or movement of the food for any purpose, prohibit the continued operation or method of operation of specific equipment, require the premises to cease any other operation or method of operation which creates the immediate danger to health, or set forth any combination of these requirements. The administrator may order the cessation of all operations authorized by the permit license only if a more limited order does not remove the immediate danger to health. Except as provided in par. (c), no temporary order is effective for longer than 14 days from the time of its delivery, but a temporary order may be reissued for one additional 14-day period, if necessary to complete the analysis or examination of samples, specimens or other evidence.

SB21,786,24 (b) No food described in a temporary order issued and delivered under par. (a) may be sold or moved and no operation or method of operation prohibited by the temporary order may be resumed without the approval of the village, city or county, until the order has terminated or the time period specified in par. (a) has run out, whichever occurs first. If the village, city or county, upon completed analysis and examination, determines that the food, construction, sanitary condition, operation or method of operation of the premises or equipment does not constitute an immediate danger to health, the permittee licensee, owner, or custodian of the food or premises shall be promptly notified in writing and the temporary order shall terminate upon his or her receipt of the written notice.

SB21,787,8 (c) If the analysis or examination shows that the food, construction, sanitary condition, operation or method of operation of the premises or equipment constitutes an immediate danger to health, the permittee licensee, owner, or custodian shall be notified within the effective period of the temporary order issued under par. (a). Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under sub. (3), and no food described in the temporary order may be sold or moved and no operation or method of operation prohibited by the order may be resumed without the approval of the village, city or county.

SB21,1976 Section 1976. 66.0417 (3) of the statutes is amended to read:

SB21,787,21 66.0417 (3) A notice issued under sub. (2) (c) shall be accompanied by notice of a hearing as provided in s. 68.11 (1). The village, city or county shall hold a hearing no later than 15 days after the service of the notice, unless both parties agree to a later date. Notwithstanding s. 68.12, a final decision shall be issued under s. 68.12 within 10 days of the hearing. The decision may order the destruction of food, the diversion of food to uses which do not pose a danger to health, the modification of food so that it does not create a danger to health, changes to or replacement of equipment or construction, other changes in or cessations of any operation or method of operation of the equipment or premises, or any combination of these actions necessary to remove the danger to health. The decision may order the cessation of all operations authorized by the permit license only if a more limited order will not remove the immediate danger to health.

SB21,1977 Section 1977. 66.0417 (4) of the statutes is amended to read:

SB21,788,3 66.0417 (4) A proceeding under this section, or the issuance of a permit license for the premises after notification of procedures under this section, does not constitute a waiver by the village, city or county of its authority to rely on a violation of ch. 97, s. 254.47 or subch. VII of ch. 254 or any rule adopted under those statutes as the basis for any subsequent suspension or revocation of the permit license or any other enforcement action arising out of the violation.

SB21,1978 Section 1978. 66.0435 (9) of the statutes is amended to read:

SB21,788,15 66.0435 (9) Municipalities; monthly municipal permit fees on recreational mobile homes and recreational vehicles. A licensing authority may assess monthly municipal permit fees at the rates under this section on recreational mobile homes and recreational vehicles, as defined in s. 340.01 (48r), except recreational mobile homes and recreational vehicles that are located in campgrounds licensed under s. 254.47 97.67, recreational mobile homes that constitute improvements to real property under s. 70.043 (1), and recreational mobile homes or recreational vehicles that are located on land where the principal residence of the owner of the recreational mobile home or recreational vehicle is located, regardless of whether the recreational mobile home or recreational vehicle is occupied during all or part of any calendar year.

SB21,1979 Section 1979. 66.0436 (1) of the statutes is amended to read:

SB21,788,18 66.0436 (1) In this section, "restaurant" has the meaning given in s. 254.61 (5) 97.01 (14g).

SB21,1980 Section 1980. 66.0436 (2) of the statutes is amended to read:

SB21,788,24 66.0436 (2) No city, village, town, or county may enact an ordinance requiring a restaurant, a person who holds a permit license for a restaurant, or a person who conducts, maintains, manages, or operates a restaurant to satisfy a requirement related to the issuance or possession of a certificate of food protection practices that is not found under s. 254.71 97.33.

SB21,1981 Section 1981 . 66.0506 (1) of the statutes is amended to read:

SB21,789,5 66.0506 (1) In this section, "local governmental unit" means any city, village, town, county, metropolitan sewerage district, long-term care district, local cultural arts district under subch. V of ch. 229, the University of Wisconsin System Authority, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state.

SB21,1982 Section 1982 . 66.0506 (1) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,789,12 66.0506 (1) In this section, "local governmental unit" means any city, village, town, county, metropolitan sewerage district, long-term care district, local cultural arts district under subch. V of ch. 229, the University of Wisconsin System Authority, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state.

SB21,1983 Section 1983. 66.0509 (2) (b) of the statutes is amended to read:

SB21,789,17 66.0509 (2) (b) Any town not having a civil service system and having exercised the option of placing assessors under civil service under s. 60.307 (3) may establish a civil service system for assessors under sub. (1), unless the town has come within the jurisdiction of a county an assessor under s. 70.99 70.991.

SB21,1984 Section 1984. 66.0509 (3) of the statutes is amended to read:

SB21,789,24 66.0509 (3) When any town has established a system of civil service, the ordinance establishing the system may not be repealed for a period of 6 years after its enactment, and after the 6-year period it may be repealed only by proceedings under s. 9.20 by referendum vote. This subsection does not apply if a town comes, before the expiration of the 6 years, within the jurisdiction of a county an assessor under s. 70.99 70.991.

SB21,1985 Section 1985. 66.0601 (1) (b) of the statutes is amended to read:

SB21,790,5 66.0601 (1) (b) Payments for abortions restricted. No city, village, town, long-term care district under s. 46.2895 or agency or subdivision of a city, village or town may authorize funds for or pay to a physician or surgeon or a hospital, clinic or other medical facility for the performance of an abortion except those permitted under and which are performed in accordance with s. 20.927.

SB21,1986 Section 1986. 66.0601 (1) (c) of the statutes is amended to read:

SB21,790,11 66.0601 (1) (c) Payments for abortion-related activity restricted. No city, village, town, long-term care district under s. 46.2895 or agency or subdivision of a city, village or town may authorize payment of funds for a grant, subsidy or other funding involving a pregnancy program, project or service if s. 20.9275 (2) applies to the pregnancy program, project or service.

SB21,1987 Section 1987. 66.0603 (1g) (a) of the statutes is renumbered 66.0603 (1g) (a) (intro.) and amended to read:

SB21,790,16 66.0603 (1g) (a) (intro.) In this section, "governing board" has the meaning given under s. 34.01 (1) but does not include a local cultural arts district board created under subch. V of ch. 229. any of the following:

SB21,1988 Section 1988. 66.0603 (1g) (a) 1. of the statutes is created to read:

SB21,790,19 66.0603 (1g) (a) 1. A local cultural arts district board created under subch. V of ch. 229.

SB21,1989 Section 1989. 66.0603 (1g) (a) 2. of the statutes is created to read:

SB21,790,22 66.0603 (1g) (a) 2. A local sports and entertainment district board created under subch. VI of ch. 229.

SB21,1990 Section 1990. 66.0603 (1m) (a) 3v. of the statutes is created to read:

SB21,790,25 66.0603 (1m) (a) 3v. Bonds issued by the University of Wisconsin System Authority.

SB21,1991 Section 1991. 66.0705 (1) (a) of the statutes is amended to read:

SB21,791,10 66.0705 (1) (a) The property of this state, except that held for highway right-of-way purposes or acquired and held for purposes under s. 85.08 or 85.09, and the property of every county, city, village, town, school district, sewerage district or commission, sanitary or water district or commission, or any public board or commission within this state, and of every corporation, company, or individual operating any railroad, telegraph, telecommunications, electric light , or power system, or doing any of the business mentioned in ch. 76, and of every other corporation or company is in all respects subject to all special assessments for local improvements.

SB21,1992 Section 1992. 66.0913 (1) (a) of the statutes is amended to read:

SB21,791,19 66.0913 (1) (a) A county or city, or both jointly, may construct, purchase, acquire, develop, improve, operate or maintain a county or city building, or both jointly, for a courthouse, safety building, city hall, hospital, armory, library, auditorium and music hall, municipal parking lots or other parking facilities, or municipal center or any combination of the foregoing, or a University of Wisconsin college campus, as defined in s. 36.05 (6m), if the operation of the college campus has been approved by the board of regents of the University of Wisconsin System Authority.

SB21,1993 Section 1993. 66.1015 (2) (intro.) of the statutes is amended to read:

SB21,791,23 66.1015 (2) (intro.) This section does not prohibit a city, village, town, county, or housing authority or the Forward Wisconsin Housing and Economic Development Authority from doing any of the following:

SB21,1994 Section 1994. 66.1103 (4m) (a) 1. of the statutes is amended to read:

SB21,792,6 66.1103 (4m) (a) 1. The person, at least 30 days prior to entering into the revenue agreement, has given a notice of intent to enter into the agreement, on a form prescribed under s. 238.11   235.11 (1), to the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority and to any collective bargaining agent in this state with whom the person has a collective bargaining agreement.

SB21,1995 Section 1995. 66.1103 (4m) (a) 2. of the statutes is amended to read:

SB21,792,14 66.1103 (4m) (a) 2. The municipality or county has received an estimate issued under s. 238.11   235.11 (5), and the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority has estimated whether the project which the municipality or county would finance under the revenue agreement is expected to eliminate, create, or maintain jobs on the project site and elsewhere in this state and the net number of jobs expected to be eliminated, created, or maintained as a result of the project.

SB21,1996 Section 1996. 66.1103 (4m) (b) of the statutes is amended to read: