The licensee of a community is liable for the monthly municipal permit fee for any unit occupying space in the community as well as the owner and occupant of each such unit, except that the licensee is not liable until the licensing authority has failed, in an action under ch. 799
, to collect the fee from the owner and occupant of the unit. A municipality, by ordinance, may require the community operator to collect the monthly municipal permit fee from the unit owner.
The credit under s. 79.10 (9) (bm)
, as it applies to the principal dwelling on a parcel of taxable property, applies to the estimated fair market value of a unit that is the principal dwelling of the owner. The owner of the unit shall file a claim for the credit with the treasurer of the municipality in which the property is located. To obtain the credit under s. 79.10 (9) (bm)
, the owner shall attest on the claim that the unit is the owner's principal dwelling. The treasurer shall reduce the owner's monthly municipal permit fee by the amount of any allowable credit. The treasurer shall furnish notice of all claims for credits filed under this subdivision to the department of revenue as provided under s. 79.10 (1m)
No monthly municipal permit fee may be imposed on a financial institution, as defined in s. 69.30 (1) (b)
, that relates to a vacant unit that has been repossessed by the financial institution.
Recreational mobile homes and recreational vehicles, as defined in s. 340.01 (48r)
, are exempt from the monthly municipal permit fee under par. (c)
. The exemption under this paragraph also applies to steps and a platform, not exceeding 50 square feet, that lead to a recreational mobile home or recreational vehicle, but does not apply to any other addition, attachment, patio, or deck.
This section does not apply to a community that is owned and operated by any county under the provisions of s. 59.52 (16) (b)
If a unit is permitted by local ordinance to be located outside of a licensed community, the monthly municipal permit fee shall be paid by the owner of the land on which it stands, and the owner of the land shall comply with the reporting requirements of par. (c)
. The owner of the land may collect the fee from the owner of the unit and, on or before January 10 and on or before July 10, shall transmit to the taxation district all fees owed for the 6 months ending on the last day of the month preceding the month when the transmission is required.
Nothing in this subsection prohibits the regulation by local ordinance of a community.
Failure to timely pay the tax prescribed in this subsection shall be treated as a default in payment of personal property tax and is subject to all procedures and penalties applicable under chs. 70
Each local governing body may enact an ordinance providing a forfeiture of up to $25 for failure to comply with the reporting requirements of par. (c)
. Each failure to report is a separate offense.
(3m) Community operator reimbursement.
A community operator who collects a monthly municipal permit fee from a unit owner may deduct, for administrative expenses, 2 percent of the monthly fees collected.
(4) Application for license.
Original application for a community license shall be filed with the clerk of the licensing authority. Applications shall be in writing, signed by the applicant and shall contain the following:
The location and legal description of the community.
(6) Renewal of license.
Upon application by any licensee, after approval by the licensing authority and upon payment of the annual license fee, the clerk of the licensing authority shall issue a certificate renewing the license for another year, unless sooner revoked. The application for renewal shall be in writing, signed by the applicant on forms furnished by the licensing authority.
(7) Transfer of license; fee.
Upon application for a transfer of license the clerk of the licensing authority, after approval of the application by the licensing authority, shall issue a transfer upon payment of the required $10 fee.
(8) Distribution of fees.
The licensing authority may retain 10 percent of the monthly municipal permit fees collected in each month, without reduction for any amounts deducted under sub. (3m)
, to cover the cost of administration. The licensing authority shall pay to the school district in which the community is located, within 20 days after the end of each month, such proportion of the remainder of the fees collected in the preceding month as the ratio of the most recent property tax levy for school purposes bears to the total tax levy for all purposes in the licensing authority. If the community is located in more than one school district, each district shall receive a share in the proportion that its property tax levy for school purposes bears to the total school tax levy.
(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
, 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.
The powers conferred on licensing authorities by this section are in addition to all other grants of authority and are limited only by the express language of this section.
History: 1999 a. 5
; 1999 a. 150
; Stats. 1999 s. 66.0435; 2005 a. 298
; 2007 a. 11
See also ch. ATCP 125
, Wis. adm. code.
A license issued without prior approval of park plans is void and the owner cannot complain if it is revoked. A mobile home park zoning ordinance adopted without compliance with the notice of hearing requirements of s. 60.74 (2) [now 60.61 (4)] is void. Edelbeck v. Town of Theresa, 57 Wis. 2d 172
, 203 N.W.2d 694
The time for appeal under sub. (2) (d) begins on the date of the action revoking the license, not on the effective date of the revocation. Reusch v. City of Baraboo, 85 Wis. 2d 294
, 270 N.W.2d 229
A town had authority outside this section to require a building permit for a mobile home located outside a mobile home park and that the mobile home be connected to a well and septic system. Town of Clearfield v. Cushman, 150 Wis. 2d 10
, 440 N.W.2d 777
A state university is not subject to local licensing in the operation of a university mobile home park. 60 Atty. Gen. 7.
A town cannot have a more restrictive ordinance regulating use and location of mobile homes outside of mobile home parks than the county. 60 Atty. Gen. 131.
A town board that has given conditional approval to plans for a mobile home park has power to alter conditions as long as it acts reasonably. Molgaard v. Town of Caledonia, 527 F. Supp. 1073
OFFICERS AND EMPLOYEES
Eligibility for office. 66.0501(1)
Deputy sheriffs and municipal police.
No person may be appointed deputy sheriff of any county or police officer for any city, village or town unless that person is a citizen of the United States. This section does not apply to common carriers or to a deputy sheriff not required to take an oath of office.
(2) Eligibility of other officers.
Except as expressly authorized by statute, no member of a town, village or county board, or city council, during the term for which the member is elected, is eligible for any office or position which during that term has been created by, or the selection to which is vested in, the board or council, but the member is eligible for any elective office. The governing body may be represented on city, village or town boards and commissions where no additional compensation, except a per diem, is paid to the representatives of the governing body and may fix the tenure of these representatives notwithstanding any other statutory provision. A representative of a governing body who is a member of a city, village or town board or commission may receive a per diem only if the remaining members of the board or commission may receive a per diem. This subsection does not apply to a member of any board or council described in this subsection who resigns from the board or council before being appointed to an office or position which was not created during the member's term in office.
(3) Appointments on consolidation of offices.
Whenever offices are consolidated, the occupants of which are members of the same statutory committee or board and which are serving in that office because of holding another office or position, the common council or village board may designate another officer or officers or make any additional appointments as may be necessary to procure the number of committee or board members provided for by statute.
(4) Compatible offices and positions.
A volunteer fire fighter, emergency medical technician, or first responder in a city, village, or town whose annual compensation from one or more of those positions, including fringe benefits, does not exceed the amount specified in s. 946.13 (2) (a)
may also hold an elective office in that city, village, or town. It is compatible with his or her office for an elected town officer to receive wages under s. 60.37 (4)
for work that he or she performs for the town.
"Political subdivision" means a city, village, town, or county.
"Public employee" means any individual employed by a political subdivision, other than an individual to whom s. 164.06
applies and other than an individual to whom 5 USC 1502
(a) (3) applies.
No political subdivision may prohibit a public employee from being a candidate for any elective public office, if that individual is otherwise qualified to be a candidate. No public employee may be required, as a condition of being a candidate for any elective public office, to take a leave of absence during his or her candidacy. This subsection does not affect the authority of a political subdivision to regulate the conduct of a public employee while the public employee is on duty or otherwise acting in an official capacity.
A citizenship requirement for peace officers is constitutional. 68 Atty. Gen. 61.
The offices of commissioner of a town sanitary district and supervisor of a town board are incompatible when the town board also serves as the appointing authority for the commissioners. 69 Atty. Gen. 108.
A sitting member of a county board must resign the office of supervisor before being appointed to the permanent position of county administrative coordinator under this section. OAG 1-11
Employee residency requirements prohibited. 66.0502(1)(1)
The legislature finds that public employee residency requirements are a matter of statewide concern.
In this section, "local governmental unit" means any city, village, town, county, or school district.
Except as provided in sub. (4)
, no local governmental unit may require, as a condition of employment, that any employee or prospective employee reside within any jurisdictional limit.
If a local governmental unit has a residency requirement that is in effect on July 2, 2013, the residency requirement does not apply and may not be enforced.
This section does not affect any statute that requires residency within the jurisdictional limits of any local governmental unit or any provision of state or local law that requires residency in this state.
Subject to par. (c)
, a local governmental unit may impose a residency requirement on law enforcement, fire, or emergency personnel that requires such personnel to reside within 15 miles of the jurisdictional boundaries of the local governmental unit.
If the local governmental unit is a county, the county may impose a residency requirement on law enforcement, fire, or emergency personnel that requires such personnel to reside within 15 miles of the jurisdictional boundaries of the city, village, or town to which the personnel are assigned.
A residency requirement imposed by a local governmental unit under par. (b)
does not apply to any volunteer law enforcement, fire, or emergency personnel who are employees of a local governmental unit.
History: 2013 a. 20
Combination of municipal offices. 66.0503(1)
The office of county supervisor may be consolidated by charter ordinance under s. 66.0101
With the office of village president in any village which has boundaries coterminous with the boundaries of any supervisory district established under s. 59.10 (3)
With the office of alderperson or council member in any city in which the district from which the alderperson or council member is elected is coterminous with the boundaries of any supervisory district established under s. 59.10 (3)
After the effective date of adoption or repeal of a charter ordinance under this section, the clerk of the municipality shall file a copy of the ordinance with the clerk of the county within which the supervisory district lies. When so consolidated, nomination papers shall contain that number of signatures required under s. 8.10
for county supervisors and shall be filed in the office of the county clerk.
Removal from office of any incumbent of an office consolidated under this section vacates the office in its entirety whether effected under ss. 17.09
or other pertinent statute.
Compensation for an office consolidated under this section shall be separately established by the several governing bodies affected by the consolidation as though no consolidation of offices had occurred.
Tenure for an officer of an office consolidated under this section shall coincide with the term for county supervisors.
Compensation of governing bodies. 66.0505(1)(a)
"Elective officer" means a member or member-elect of the governing body of a political subdivision.
"Political subdivision" means any city, village, town, or county.
(2) Establishment of salary.
An elected official of any political subdivision, who by virtue of the office held by that official is entitled to participate in the establishment of the salary attending that office, shall not during the term of the office collect salary in excess of the salary provided at the time of that official's taking office. This provision is of statewide concern and applies only to officials elected after October 22, 1961.
Notwithstanding the provisions of s. 59.10 (1) (c)
, (2) (c)
, (3) (f)
, or 62.09 (6)
, an elective officer may send written notification to the clerk and treasurer of the political subdivision on whose governing body he or she serves that he or she wishes to refuse to accept the salary that he or she is otherwise entitled to receive.
Except as provided in subd. 3.
, to be valid the notification must be sent no later than 30 days after an elective officer's election is certified, and the notification applies only to the taxable year in which the officer's election is certified or, if the elective officer's current taxable year ends within 3 months of his or her certification, the notification applies until the end of his or her next taxable year.
Except as provided in subd. 2.
, to be valid the notification must be sent at least 30 days before the start of the elective officer's next taxable year, and the notification applies only to that taxable year although the notification may be renewed annually as provided in this subdivision.
If a clerk and treasurer receive notification as described in subd. 2.
, the treasurer may not pay the elective officer his or her salary during the time period to which the notification applies. Upon receipt of such notification, the political subdivision's treasurer shall not pay the elective officer the salary that he or she is otherwise entitled to receive, beginning with the first pay period that commences after notification applies.
An elective officer, or officer-elect, who sends the written notification described under par. (a)
may not rescind the notification. If an elective officer's notification no longer applies, the political subdivision's treasurer shall pay the elective officer any salary that he or she is entitled to receive, beginning with the first pay period that commences after the expiration of the notification.
History: 1991 a. 316
; 1993 a. 213
; 1999 a. 150
; Stats. 1999 s. 66.0505; 2007 a. 49
; 2009 a. 173
Referendum; increase in employee wages. 66.0506(1)(1)
In this section, "local governmental unit" means any city, village, town, county, metropolitan sewerage district, long-term care district, transit authority under s. 59.58 (7) or 66.1039
, local cultural arts district under subch. V of ch. 229
, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state.
Sections 59.58 (7) and 66.1039 were repealed by 2011 Wis. Act 32
. Corrective legislation is pending.
If any local governmental unit wishes to increase the total base wages of its general municipal employees, as defined in s. 111.70 (1) (fm)
, who are part of a collective bargaining unit under subch. IV of ch. 111
, in an amount that exceeds the limit under s. 111.70 (4) (mb) 2.
, the governing body of the local governmental unit shall adopt a resolution to that effect. The resolution shall specify the amount by which the proposed total base wages increase will exceed the limit under s. 111.70 (4) (mb) 2.
The resolution may not take effect unless it is approved in a referendum called for that purpose. The referendum shall occur in November for collective bargaining agreements that begin the following January 1. The results of a referendum apply to the total base wages only in the next collective bargaining agreement.
The referendum question shall be substantially as follows: "Shall the .... [general municipal employees] in the .... [local governmental unit] receive a total increase in wages from $....[current total base wages] to $....[proposed total base wages], which is a percentage wage increase that is .... [x] percent higher than the percent of the consumer price index increase, for a total percentage increase in wages of .... [x]?"
History: 2011 a. 10
Automatic salary schedules.
Whenever the governing body of any city, village, or town enacts by ordinance a salary schedule for some or all employees and officers of the city, village or town, other than members of the city council or village or town board, the salary schedule may include an automatic adjustment for some or all of the personnel in conformity with fluctuations upwards and downwards in the cost of living, notwithstanding ss. 60.32
, 62.09 (6)
and 62.13 (7)
Collective bargaining. 66.0508(1m)
Except as provided under subch. IV of ch. 111
, no local governmental unit may collectively bargain with its employees.
If a local governmental unit has in effect on June 29, 2011, an ordinance or resolution that is inconsistent with sub. (1m)
, the ordinance or resolution does not apply and may not be enforced.