AB68: Bill Text

AB68,1097 Section 1097. 61.189 (2) of the statutes is amended to read:

AB68,779,14 61.189 (2) The election shall be noticed and conducted and the result canvassed and certified as in the case of regular village elections and the village clerk shall immediately file with the secretary of administration 4 copies one copy of a certification certifying the fact of holding such election and the result thereof and a description of the legal boundaries of such village or proposed city and 4 one certified copies copy of a plat scale map thereof; and thereupon a certificate of incorporation shall be issued to such city by the secretary of administration. Two copies One copy of the certification and plat scale map shall be forwarded by the secretary of administration to the department of transportation and one copy to the department of revenue. Thereafter such city shall in all things be governed by the general city charter law. All debts, obligations and liabilities existing against such village at the time of such change shall continue and become like debts, obligations and liabilities against such city, and such city may carry out and complete all proceedings then pending for the issue of bonds for improvements therein.

AB68,1098 Section 1098. 61.25 (11) of the statutes is created to read:

AB68,779,20 61.25 (11) To make a certified claim against the state, without direction from the board, in all cases in which the reimbursement is directed in s. 16.51 (7), upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1.

AB68,1099 Section 1099. 61.34 (3) (a) of the statutes is renumbered 61.34 (3) and amended to read:

AB68,780,7 61.34 (3) Acquisition and disposal of property. Except as provided in par. (b), the The village board may acquire property, real or personal, within or outside the village, for parks, libraries, recreation, beautification, streets, water systems, sewage or waste disposal, harbors, improvement of watercourses, public grounds, vehicle parking areas, and for any other public purpose; may acquire real property within or contiguous to the village, by means other than condemnation, for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for instruction, recreation, amusement and other public purposes; and may sell and convey such property. Condemnation shall be as provided by ch. 32.

AB68,1100 Section 1100. 61.34 (3) (b) of the statutes is repealed.

AB68,1101 Section 1101. 62.03 (1) of the statutes is amended to read:

AB68,780,12 62.03 (1) This subchapter, except ss. 62.071, 62.08 (1), 62.09 (1) (e) and (11) (j) and, (k), and (m), 62.175, 62.23 (7) (em) and (he) and 62.237, does not apply to 1st class cities under special charter.

AB68,1102 Section 1102. 62.09 (11) (m) of the statutes is created to read:

AB68,780,19 62.09 (11) (m) The clerk of any city that is entitled to reimbursement under s. 16.51 (7) shall make a certified claim against the state, without direction from the council, in all cases in which the reimbursement is directed in s. 16.51 (7), upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1.

AB68,1103 Section 1103. 62.15 (1) of the statutes is amended to read:

AB68,781,6 62.15 (1) Contracts; how let; exception for donated materials and labor. All public construction, the estimated cost of which exceeds $25,000 $50,000, shall be let by contract to the lowest responsible bidder; all other public construction shall be let as the council may direct. If the estimated cost of any public construction exceeds $5,000 but is not greater than $25,000 $50,000, the board of public works shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed. This provision does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers. The council may also by a vote of three-fourths of all the members-elect provide by ordinance that any class of public construction or any part thereof may be done directly by the city without submitting the same for bids.

AB68,1104 Section 1104. 62.22 (1) (a) of the statutes is renumbered 62.22 (1) and amended to read:

AB68,781,17 62.22 (1) Purposes. Except as provided in par. (b), the The governing body of any city may by gift, purchase or condemnation acquire property, real or personal, within or outside the city, for parks, recreation, water systems, sewage or waste disposal, airports or approaches thereto, cemeteries, vehicle parking areas, and for any other public purpose; may acquire real property within or contiguous to the city, by means other than condemnation, for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for public purposes; and may sell and convey such property. The power of condemnation for any such purpose shall be as provided by ch. 32.

AB68,1105 Section 1105. 62.22 (1) (b) of the statutes is repealed.

AB68,1106 Section 1106. 62.23 (17) (a) (intro.) of the statutes is amended to read:

AB68,782,2 62.23 (17) (a) (intro.) Except as provided in par. (am), cities Cities may acquire by gift, lease, purchase, or condemnation any lands within its corporate limits for establishing, laying out, widening, enlarging, extending, and maintaining memorial grounds, streets, squares, parkways, boulevards, parks, playgrounds, sites for public buildings, and reservations in and about and along and leading to any or all of the same or any lands adjoining or near to such city for use, sublease, or sale for any of the following purposes:

AB68,1107 Section 1107. 62.23 (17) (am) of the statutes is repealed.

AB68,1108 Section 1108. 62.53 of the statutes is repealed.

AB68,1109 Section 1109. 63.23 (1) of the statutes is amended to read:

AB68,782,13 63.23 (1) The city service commission shall classify all offices and positions in the city service, excepting those subject to the exemptions of s. 63.27 and those subject to an exclusion under s. 119.33 (2) (e) 1. or 119.9002 (5) (a), according to the duties and responsibilities of each position. Classification shall be so arranged that all positions which that in the judgment of the commission are substantially the same with respect to authority, responsibility, and character of work are included in the same class. From time to time the commission may reclassify positions upon a proper showing that the position belongs to a different class.

AB68,1110 Section 1110. 66.0101 (3) of the statutes is amended to read:

AB68,782,22 66.0101 (3) A charter ordinance shall be published as a class 1 notice, under ch. 985, and shall be recorded by the clerk in a permanent book kept for that purpose, with a statement of the manner of its adoption. A certified copy of the charter ordinance shall be filed by the clerk with the secretary of state administration. The secretary of state administration shall keep a separate index of all charter ordinances, arranged alphabetically by city and village and summarizing each ordinance, and annually shall issue the index of charter ordinances filed during the 12 months prior to July 1.

AB68,1111 Section 1111. 66.0104 of the statutes is repealed.

AB68,1112 Section 1112 . 66.0107 (1) (bm) of the statutes is amended to read:

AB68,783,10 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that is consistent with s. 961.71 or 961.72; except that if a complaint is issued regarding an allegation of possession of more than 25 grams of marijuana, or possession of any amount of marijuana following a conviction in this state for possession of marijuana alleging a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4., the subject of the complaint may not be prosecuted under this paragraph for the same action that is the subject of the complaint unless the charges are dismissed or the district attorney declines to prosecute the case.

AB68,1113 Section 1113 . 66.0129 (5) of the statutes is amended to read:

AB68,783,16 66.0129 (5) Bids for construction. The nonprofit corporation shall let all contracts exceeding $1,000 for the construction, maintenance or repair of hospital facilities to the lowest responsible bidder after advertising for bids by the publication of a class 2 notice under ch. 985. Section Sections 66.0901 applies and 66.0903 apply to bids and contracts under this subsection.

AB68,1114 Section 1114. 66.0134 of the statutes is repealed.

AB68,1115 Section 1115 . 66.0137 (4) of the statutes is amended to read:

AB68,783,25 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.729, 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.862, 632.867, 632.87 (4) to (6), 632.871, 632.885, 632.89, 632.895 (9) to (17), 632.896, and 767.513 (4).

AB68,1116 Section 1116 . 66.0137 (4) of the statutes, as affected by 2021 Wisconsin Act .... (this act), section 1115, is amended to read:

AB68,784,9 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.728, 632.729, 632.746 (1) and (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.862, 632.867, 632.87 (4) to (6), 632.871, 632.885, 632.89, 632.895 (9) (8) to (17), 632.896, and 767.513 (4).

AB68,1117 Section 1117 . 66.0137 (4) of the statutes, as affected by 2021 Wisconsin Act .... (this act), section 1116, is amended to read:

AB68,784,18 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.728, 632.729, 632.746 (1) and (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.861, 632.862, 632.867, 632.87 (4) to (6), 632.871, 632.885, 632.89, 632.895 (8) to (17), 632.896, and 767.513 (4).

AB68,1118 Section 1118. 66.0211 (5) of the statutes is amended to read:

AB68,785,4 66.0211 (5) Certification of incorporation. If a majority of the votes in an incorporation referendum are cast in favor of a village or city, the clerk of the circuit court shall certify the fact to the secretary of administration and supply the secretary of administration with a copy of a description of the legal boundaries of the village or city and the associated population and a copy of a plat scale map of the village or city. Within 10 days of receipt of the description and plat scale map, the secretary of administration shall forward 2 copies one copy to the department of transportation and one copy each to the department of administration and the department of revenue. The secretary of administration shall issue a certificate of incorporation and record the certificate.

AB68,1119 Section 1119. 66.0215 (5) of the statutes is amended to read:

AB68,785,13 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 administration, together with the result of the census, if any, and 4 copies one copy of a description of the legal boundaries of the town and 4 copies one copy of a plat scale map of the town. The secretary of administration shall then issue a certificate of incorporation, and record the certificate in a book kept for that purpose. Two copies One copy of the description and plat scale map shall be forwarded by the secretary of administration to the department of transportation and one copy to the department of revenue.

AB68,1120 Section 1120. 66.02162 (5) of the statutes is amended to read:

AB68,785,25 66.02162 (5) Certificate of incorporation. If a majority of the votes are cast in favor of a village, the town clerk shall certify that fact to the secretary, together with 4 copies one copy of a description of the legal boundaries of the town, and 4 copies one copy of a plat scale map of the town. The town clerk shall also send the secretary an incorporation fee of $1,000. Upon receipt of the town clerk's certification, the incorporation fee, and other required documents, the secretary shall issue a certificate of incorporation and record the certificate in a book kept for that purpose. The secretary shall provide 2 copies one copy of the description and plat scale map 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.

AB68,1121 Section 1121. 66.0217 (1) (b) of the statutes is amended to read:

AB68,786,3 66.0217 (1) (b) “Department" means the secretary of administration in the department of administration.

AB68,1122 Section 1122. 66.0217 (1) (c) 1. a. of the statutes is amended to read:

AB68,786,5 66.0217 (1) (c) 1. a. By government lot, section, township, and range.

AB68,1123 Section 1123. 66.0217 (1) (c) 1. b. of the statutes is amended to read:

AB68,786,7 66.0217 (1) (c) 1. b. By recorded private claim , section, township, and range.

AB68,1124 Section 1124. 66.0217 (6) (a) of the statutes is amended to read:

AB68,786,19 66.0217 (6) (a) Annexations within populous counties. No annexation proceeding within a county having a population of 50,000 or more is valid unless the person publishing a notice of annexation under sub. (4) mails a copy of the notice to the clerk of each municipality affected and the department, together with any fee imposed under s. 16.53 (14), within 5 days of the publication. The department shall within 20 days after receipt of the notice mail to the clerk of the town within which the territory lies and to the clerk of the proposed annexing village or city a notice that states whether in its opinion the annexation is in the public interest or is against the public interest and that advises the clerks of the reasons the annexation is in or against the public interest as defined in par. (c). The annexing municipality shall review the advice before final action is taken.

AB68,1125 Section 1125. 66.0217 (9) (a) of the statutes is amended to read:

AB68,787,11 66.0217 (9) (a) The clerk of a city or village which has annexed territory shall file immediately with the secretary of administration a certified copy of the ordinance, certificate and plat scale map, 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) (b). 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 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 , no later than December 31, to the secretary of 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.

AB68,1126 Section 1126. 66.0217 (9) (b) of the statutes is amended to read:

AB68,787,20 66.0217 (9) (b) Within 10 days of receipt of the ordinance, certificate, and plat scale map, the secretary of administration shall forward 2 copies one copy of the ordinance, certificate, and plat scale map 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.

AB68,1127 Section 1127. 66.0217 (9) (c) of the statutes is amended to read:

AB68,788,2 66.0217 (9) (c) Any city or village may direct a survey of its present boundaries to be made, and when properly attested the survey and plat scale map may be filed in the office of the register of deeds in the county in which the city or village is located. Upon filing, the survey and plat scale map are prima facie evidence of the facts set forth in the survey and plat scale map.

AB68,1128 Section 1128. 66.0217 (12) of the statutes is amended to read:

AB68,788,7 66.0217 (12) Validity of plats scale maps. If an annexation is declared invalid but before the declaration and subsequent to the annexation a plat scale map is submitted and is approved as required in s. 236.10 (1) (a), the plat scale map is validly approved despite the invalidity of the annexation.

AB68,1129 Section 1129. 66.0219 (7) of the statutes is amended to read:

AB68,788,13 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 scale map may not be filed with the secretary of administration until the appeal has been determined.

AB68,1130 Section 1130. 66.0221 (1) of the statutes is amended to read:

AB68,789,12 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 one certified copies copy of the ordinance with the secretary of administration, together with 6 copies one copy 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) (b). The secretary of administration shall forward 2 copies one copy of the ordinance and scale map to the department of transportation, one copy to the department of natural resources, and 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.

AB68,1131 Section 1131. 66.0223 (1) of the statutes is amended to read:

AB68,790,8 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 one certified copies copy of the ordinance with the secretary of administration, together with 7 copies one copy of a plat scale map 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) (b). Two copies One copy of the ordinance and plat scale map shall be forwarded by the secretary of 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 copy, a copy of the ordinance and plat scale map 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.

AB68,1132 Section 1132. 66.0227 (5) of the statutes is amended to read:

AB68,790,12 66.0227 (5) The ordinance, certificate and plat scale map shall be filed and recorded in the same manner as annexations under s. 66.0217 (9) (a). The requirements for the secretary of administration are the same as in s. 66.0217 (9) (b).

AB68,1133 Section 1133. 66.0231 of the statutes is amended to read:

AB68,791,5 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, 66.02162, 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 administration 4 copies one copy of a notice of the commencement of the action. The clerk shall file with the secretary of administration 4 copies one copy 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) (b). The secretary of 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 administration under this section.

AB68,1134 Section 1134. 66.0301 (1) (a) of the statutes is amended to read:

AB68,791,23 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, or school district, the opportunity schools and partnership programs under subch. IX of ch. 115 and subch. II of ch. 119, the superintendent of schools opportunity schools and partnership program under s. 119.33, or any 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, 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.

AB68,1135 Section 1135. 66.0408 (2) (d) of the statutes is repealed.

AB68,1136 Section 1136 . 66.04185 of the statutes is created to read:

AB68,792,4 66.04185 Cultivation of tetrahydrocannabinols. No city, village, town, or county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is by an individual who has no more than 6 marijuana plants at one time for his or her personal use.

AB68,1137 Section 1137. 66.0419 (4) of the statutes is created to read:

AB68,792,8 66.0419 (4) If a political subdivision has been granted an exemption under s. 287.16, the political subdivision is exempt from the prohibition under sub. (2) to the extent authorized by the exemption.

AB68,1138 Section 1138 . 66.0422 (1) (cg) of the statutes is created to read:

AB68,792,12 66.0422 (1) (cg) “Underserved area" means an area of this state that is designated as an underserved area by the public service commission under s. 196.504 (2) (d).

AB68,1139 Section 1139 . 66.0422 (1) (cr) of the statutes is created to read:

AB68,792,15 66.0422 (1) (cr) “Unserved area” means an area of this state that is designated as an unserved area by the public service commission under s. 196.504 (2) (e).

AB68,1140 Section 1140 . 66.0422 (2) (c) of the statutes is amended to read:

AB68,793,2 66.0422 (2) (c) No less than 30 days before the public hearing, the local government prepares and makes available for public inspection a report estimating the total costs of, and revenues derived from, constructing, owning, or operating the facility and including a cost-benefit analysis of the facility for a period of at least 3 years. The costs that are subject to this paragraph include personnel costs and costs of acquiring, installing, maintaining, repairing, or operating any plant or equipment, and include an appropriate allocated portion of costs of personnel, plant, or equipment that are used to provide jointly both telecommunications services and other services. This paragraph does not apply to a broadband facility that is intended to serve an underserved or unserved area.

AB68,1141 Section 1141. 66.0422 (3d) (intro.) of the statutes is amended to read:

AB68,793,12 66.0422 (3d) (intro.) Subsection (2) does not apply to a facility for providing broadband service to an area within the boundaries of a local government if the local government asks, in writing, each person that provides broadband service within the boundaries of the local government whether the person currently provides broadband service to the area and, if the area is not an underserved or unserved area, whether the person intends to provide broadband service to the area within 9 months, or, if the area is an underserved or unserved area, whether the person actively plans to provide broadband service to the area within 3 months and any of the following are satisfied:

AB68,1142 Section 1142. 66.0422 (3d) (a) of the statutes is amended to read:

AB68,793,21 66.0422 (3d) (a) The local government asks, in writing, each person that provides broadband service within the boundaries of the local government whether the person currently provides broadband service to the area or intends to provide broadband service within 9 months to the area and within 60 days after receiving the written request no person responds in writing to the The local government does not receive a response in writing that the a person currently provides broadband service to the area or intends or actively plans to provide broadband service to the area within 9 months the relevant time period.

AB68,1143 Section 1143. 66.0422 (3d) (b) of the statutes is amended to read: