AB68: Bill Text

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:

AB68,794,2 66.0422 (3d) (b) The local government determines that a person who responded to a written request under par. (a) that the person currently provides broadband service to the area did not actually provide broadband service to the area and no other person makes the response responds to the local government described in par. (a).

AB68,1144 Section 1144. 66.0422 (3d) (c) of the statutes is amended to read:

AB68,794,9 66.0422 (3d) (c) The local government determines that a person who responded to a written request under par. (a) that the person intended or actively planned to provide broadband service to the area within 9 months the relevant time period did not actually provide broadband service to the area within 9 months the relevant time period and no other person makes the response responds to the local government described in par. (a).

AB68,1145 Section 1145 . 66.0422 (3m) (b) of the statutes is amended to read:

AB68,794,13 66.0422 (3m) (b) The municipality itself does not use the facility to provide broadband service to end users. This paragraph does not apply to a facility that is intended to serve an underserved or unserved area.

AB68,1146 Section 1146 . 66.0422 (3m) (c) of the statutes is amended to read:

AB68,794,19 66.0422 (3m) (c) The municipality determines that, at the time that the municipality authorizes the construction, ownership, or operation of the facility, whichever occurs first, the facility does not compete with more than one provider of broadband service. This paragraph does not apply to a facility that is intended to serve an underserved or unserved area.

AB68,1147 Section 1147 . 66.0501 (1) of the statutes is renumbered 66.0501 (1) (a) and amended to read:

AB68,794,25 66.0501 (1) (a) No Except as provided in par. (b), 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.

AB68,1148 Section 1148. 66.0501 (1) (b) of the statutes is created to read:

AB68,795,6 66.0501 (1) (b) The sheriff of a county or the appointing authority of a local law enforcement agency that provides police service to a city, village, or town may elect to authorize the appointment of noncitizens who are in receipt of valid employment authorization from the federal department of homeland security as deputy sheriffs for that county or as police officers for that city, village, or town.

AB68,1149 Section 1149. 66.0509 (1m) (c) 1. of the statutes is amended to read:

AB68,795,9 66.0509 (1m) (c) 1. A grievance procedure that addresses employee terminations, employee discipline, and workplace safety.

AB68,1150 Section 1150. 66.0509 (1m) (c) 2. of the statutes is repealed and recreated to read:

AB68,795,13 66.0509 (1m) (c) 2. A just cause standard of review for employee terminations, including a refusal to renew a teaching contract under s. 118.22.

AB68,1151 Section 1151. 66.0509 (1m) (c) 3. of the statutes is repealed.

AB68,1152 Section 1152. 66.0509 (1m) (d) 2. of the statutes is amended to read:

AB68,795,17 66.0509 (1m) (d) 2. A hearing before an impartial hearing officer from the employment relations commission.

AB68,1153 Section 1153. 66.0509 (1m) (d) 4. and 5. of the statutes are created to read:

AB68,795,20 66.0509 (1m) (d) 4. A provision indicating that the grievant shall be entitled to representation throughout the grievance process.

AB68,795,23 5. A provision indicating that the employer shall bear all fees and costs associated with the grievance process, except for the grievant's representational fees and costs.

AB68,1154 Section 1154. 66.0511 (1) of the statutes is renumbered 66.0511 (1) (intro.) and amended to read:

AB68,796,1 66.0511 (1) Definition Definitions. (intro.) In this section, “law:

AB68,796,2 (b) “Law enforcement agency" has the meaning given under s. 165.83 (1) (b).

AB68,1155 Section 1155. 66.0511 (1) (a) of the statutes is created to read:

AB68,796,6 66.0511 (1) (a) “Choke hold” means the intentional and prolonged application of force to the throat or windpipe that prevents or hinders breathing or reduces the intake of air.

AB68,1156 Section 1156. 66.0511 (2) of the statutes is renumbered 66.0511 (2) (intro.) and amended to read:

AB68,796,19 66.0511 (2) Use of force policy. (intro.) Each person in charge of a law enforcement agency shall prepare in writing and make available for public scrutiny a policy or standard regulating the use of force by law enforcement officers in the performance of their duties. The law enforcement agency shall make the policy publicly available on a website maintained by the law enforcement agency or, if the agency does not maintain its own site, on a website maintained by the municipality over which the law enforcement agency has jurisdiction. The law enforcement agency shall provide in its policy the instances in which a use of force must be reported, how to report a use of force, and a requirement that officers who engage in or observe a reportable use of force report it. Each policy or standard shall incorporate the following principles:

AB68,1157 Section 1157. 66.0511 (2) (a), (b), (c), (d), (e) and (f) and (4) of the statutes are created to read:

AB68,796,23 66.0511 (2) (a) That the primary duty of all law enforcement is to preserve the life of all individuals.

AB68,796,24 (b) That deadly force is to be used only as a last resort.

AB68,796,25 (c) That the use of choke holds by law enforcement officers is prohibited.

AB68,797,2 (d) That officers should use skills and tactics, including de-escalation tactics, that minimize the likelihood that force will become necessary.

AB68,797,4 (e) That, if law enforcement officers must use physical force, it should be the least amount of force necessary to safely address the threat.

AB68,797,6 (f) That law enforcement officers shall take reasonable action to stop or prevent any unreasonable use of force by their colleagues.

AB68,797,15 (4) Whistleblower protections. No law enforcement officer may be discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or otherwise discriminated against in regard to employment, or threatened with any such treatment, because the law enforcement officer reported, or is believed to have reported, any violation of a policy under sub. (2); initiated, participated in, or testified in, or is believed to have initiated, participated in, or testified in, any action or proceeding regarding a violation of a policy under sub. (2); or provided any information, or is believed to have provided any information, about a violation of a policy under sub. (2).

AB68,1158 Section 1158. 66.0602 (1) (d) of the statutes is amended to read:

AB68,797,20 66.0602 (1) (d) “Valuation factor" means a percentage equal to the greater of either the percentage change in the political subdivision's January 1 equalized value due to new construction less improvements removed between the previous year and the current or zero 2 percent.

AB68,1159 Section 1159. 66.0602 (2m) (a) of the statutes is renumbered 66.0602 (2m).

AB68,1160 Section 1160. 66.0602 (2m) (b) of the statutes is repealed.

AB68,1161 Section 1161. 66.0602 (3) (a) of the statutes is repealed.

AB68,1162 Section 1162. 66.0602 (3) (e) 10. of the statutes is created to read:

AB68,798,3 66.0602 (3) (e) 10. The amount that a political subdivision levies in that year to pay for the political subdivision's share of a regional planning commission's budget as charged by the commission under s. 66.0309 (14) (a) to (c).

AB68,1163 Section 1163 . 66.0602 (3) (p) of the statutes is created to read:

AB68,798,12 66.0602 (3) (p) 1. Subject to subd. 2., the limit otherwise applicable under this section does not apply to the amount that a political subdivision levies in that year for operating and capital costs directly related to the provision of new or enhanced transit services across adjacent county borders or across adjacent municipal borders. For costs to be eligible for the exception under this paragraph, the starting date for the new or enhanced transit services must be on or after the effective date of this subdivision .... [LRB inserts date], and the costs to which the levy applies must be described in the agreement under subd. 2.

AB68,798,14 2. A political subdivision may not use the exception under this paragraph unless all of the following apply:

AB68,798,18 a. The political subdivisions between which the new or enhanced transit routes operate have entered into an intergovernmental cooperation agreement under s. 66.0301 to provide for the new or enhanced transit services. The agreement shall describe the services and the amounts that must be levied to pay for those services.

AB68,798,24 b. The agreement described in subd. 2. a. is approved in a referendum, by the electors in each political subdivision that is a party to the agreement, to be held at the next succeeding spring primary or election or partisan primary or general election to be held not earlier than 70 days after the adoption of the agreement by all of the parties to the agreement. The governing body shall file the resolution to be submitted to the electors as provided in s. 8.37.

AB68,1164 Section 1164. 66.0615 (1m) (a) of the statutes is amended to read:

AB68,799,16 66.0615 (1m) (a) The governing body of a municipality may enact an ordinance, and a district, under par. (e) or (em), may adopt a resolution, imposing a tax on the privilege of furnishing, at retail, except sales for resale, rooms or lodging to transients by hotelkeepers, motel operators, lodging marketplaces, owners of short-term rentals, and other persons furnishing accommodations that are available to the public, irrespective of whether membership is required for use of the accommodations. A tax imposed under this paragraph may be collected from the consumer or user, but may not be imposed on sales to the federal government and persons listed under s. 77.54 (9a). A tax imposed under this paragraph by a municipality shall be paid to the municipality and, with regard to any tax revenue that may not be retained by the municipality, shall be forwarded to a tourism entity or a commission if one is created under par. (c), as provided in par. (d). Except as provided in par. (am), a tax imposed under this paragraph by a municipality may not exceed 8 percent. Except as provided in par. (am), if a tax greater than 8 percent under this paragraph is in effect on May 13, 1994, the municipality imposing the tax shall reduce the tax to 8 percent, effective on June 1, 1994.