AB50: Bill Text

AB50,577,10 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. or (c) 3., 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.

AB50,1107 Section 1107. 66.0129 (5) of the statutes is amended to read:

AB50,577,16 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.

AB50,1108 Section 1108. 66.0134 of the statutes is repealed.

AB50,1109 Section 1109. 66.0137 (4) of the statutes is amended to read:

AB50,578,2 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), 632.722, 632.729, 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.7498, 632.798, 632.848, 632.85, 632.851, 632.853, 632.855, 632.861, 632.862, 632.867, 632.87 (4) to (6) (8), 632.871, 632.885, 632.89, 632.891, 632.895 (9) to (17), 632.896, and 767.513 (4).

AB50,1110 Section 1110. 66.0144 of the statutes is repealed.

AB50,1111 Section 1111. 66.0211 (5) of the statutes is amended to read:

AB50,578,14 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.

AB50,1112 Section 1112. 66.0215 (5) of the statutes is amended to read:

AB50,579,2 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.

AB50,1113 Section 1113. 66.02162 (5) of the statutes is amended to read:

AB50,579,14 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.

AB50,1114 Section 1114. 66.0217 (1) (b) of the statutes is amended to read:

AB50,579,17 66.0217 (1) (b) “Department” means the secretary of administration in the department of administration.

AB50,1115 Section 1115. 66.0217 (1) (c) 1. a. of the statutes is amended to read:

AB50,579,19 66.0217 (1) (c) 1. a. By government lot, section, township, and range.

AB50,1116 Section 1116. 66.0217 (1) (c) 1. b. of the statutes is amended to read:

AB50,579,21 66.0217 (1) (c) 1. b. By recorded private claim, section, township, and range.

AB50,1117 Section 1117. 66.0217 (9) (a) of the statutes is amended to read:

AB50,580,15 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.

AB50,1118 Section 1118. 66.0217 (9) (b) of the statutes is amended to read:

AB50,581,2 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.

AB50,1119 Section 1119. 66.0217 (9) (c) of the statutes is amended to read:

AB50,581,8 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.

AB50,1120 Section 1120. 66.0217 (12) of the statutes is amended to read:

AB50,581,13 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.

AB50,1121 Section 1121. 66.0219 (7) of the statutes is amended to read:

AB50,581,19 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 scale map may not be filed with the secretary of administration until the appeal has been determined.

AB50,1122 Section 1122. 66.0221 (1) of the statutes is amended to read:

AB50,582,21 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.

AB50,1123 Section 1123. 66.0223 (1) of the statutes is amended to read:

AB50,583,19 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.

AB50,1124 Section 1124. 66.0227 (5) of the statutes is amended to read:

AB50,584,2 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).

AB50,1125 Section 1125. 66.0231 of the statutes is amended to read:

AB50,584,20 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.

AB50,1126 Section 1126. 66.0301 (1) (a) of the statutes is amended to read:

AB50,585,16 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, transit authority created under s. 66.1039, 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.

AB50,1127 Section 1127. 66.0301 (6) (e) of the statutes is amended to read:

AB50,586,6 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. If a boundary change is anticipated to be accomplished by the enactment of an ordinance more than 30 days after entering into a written agreement for a boundary change under this subsection, the clerk of the municipality designated in the plan shall follow the procedures under s. 66.0217 (9) (a) to file and record a certified copy of the agreement with the register of deeds. The requirements for the secretary of administration under s. 66.0217 (9) (b), as they apply under that section, apply to the secretary of administration when he or she receives an ordinance that is filed under this subsection.

AB50,1128 Section 1128. 66.0307 (10) of the statutes is amended to read:

AB50,586,19 66.0307 (10) Boundary change ordinance agreements and ordinances; 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. If a boundary change under a cooperative plan is anticipated to be accomplished by the enactment of an ordinance more than 30 days after approval of the plan under sub. (4) (e) or (5), the clerk of the municipality designated in the plan shall follow the procedures under s. 66.0217 (9) (a) to file and record a certified copy of the agreement for a boundary change with the register of deeds. The requirements for the secretary of administration are the same as those required in s. 66.0217 (9) (b).

AB50,1129 Section 1129. 66.0408 (2) (d) of the statutes is repealed.

AB50,1130 Section 1130. 66.04185 of the statutes is created to read:

AB50,587,2 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 their personal use.

AB50,1131 Section 1131. 66.0501 (1) of the statutes is renumbered 66.0501 (1) (a) and amended to read:

AB50,587,8 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.

AB50,1132 Section 1132. 66.0501 (1) (b) of the statutes is created to read:

AB50,587,14 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.

AB50,1133 Section 1133. 66.0509 (1m) (c) 1. of the statutes is amended to read:

AB50,587,17 66.0509 (1m) (c) 1. A grievance procedure that addresses employee terminations, employee discipline, and workplace safety.

AB50,1134 Section 1134. 66.0509 (1m) (c) 2. of the statutes is repealed and recreated to read:

AB50,587,21 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.

AB50,1135 Section 1135. 66.0509 (1m) (c) 3. of the statutes is repealed.

AB50,1136 Section 1136. 66.0509 (1m) (d) 2. of the statutes is amended to read:

AB50,588,2 66.0509 (1m) (d) 2. A hearing before an impartial hearing officer from the employment relations commission.

AB50,1137 Section 1137. 66.0509 (1m) (d) 4. and 5. of the statutes are created to read:

AB50,588,5 66.0509 (1m) (d) 4. A provision indicating that the grievant shall be entitled to representation throughout the grievance process.

AB50,588,8 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.

AB50,1138 Section 1138. 66.0602 (1) (ak) of the statutes is amended to read:

AB50,588,15 66.0602 (1) (ak) “Joint emergency medical services district” service” means a joint emergency medical services district service organized by any combination of 2 or more cities, villages, or towns under s. 66.0301 (2) through the formation of a joint emergency services district, joint ownership, joint purchase of services from a nonprofit corporation, or joint contracting with a public or private emergency services provider.

AB50,1139 Section 1139. 66.0602 (1) (am) of the statutes is amended to read:

AB50,588,22 66.0602 (1) (am) “Joint fire department” service” means a joint fire department organized under s. 61.65 (2) (a) 3. or 62.13 (1m), or a joint fire department service organized by any combination of 2 or more cities, villages, or towns under s. 66.0301 (2) through the formation of a joint fire service district, joint ownership, joint purchase of services from a nonprofit corporation, or joint contracting with a public or private fire service provider.

AB50,1140 Section 1140. 66.0602 (2) (b) of the statutes is amended to read:

AB50,589,9 66.0602 (2) (b) For purposes of par. (a), in 2018, and in each year thereafter, the base amount to which the limit under this section applies is the actual levy for the immediately preceding year, plus the amount of the payments under ss. 79.07, 79.096 and, 79.0965, and 79.098, and the levy limit is the base amount multiplied by the valuation factor, minus the amount of the payments under ss. 79.07, 79.096 and, 79.0965, and 79.098, except that the adjustments for payments received under s. 79.096 or, 79.0965, or 79.098 do not apply to payments received under s. 79.096 (3) or, 79.0965 (3), or 79.098 (3) for a tax incremental district that has been terminated.

AB50,1141 Section 1141. 66.0602 (2m) (c) of the statutes is created to read:

AB50,589,12 66.0602 (2m) (c) Rental inspection fees charged by a political subdivision are not subject to a deduction from the political subdivision’s levy.

AB50,1142 Section 1142. 66.0602 (3) (a) of the statutes is repealed.

AB50,1143 Section 1143. 66.0602 (3) (e) 10. of the statutes is created to read:

AB50,589,17 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).

AB50,1144 Section 1144. 66.0602 (3) (h) 1. of the statutes is amended to read:

AB50,589,24 66.0602 (3) (h) 1. Subject to subd. 2., the limit otherwise applicable under this section does not apply to the amount that a city, village, or town levies in that year to pay for charges assessed by a joint fire department service or a joint emergency medical services district service, but only to the extent that the amount levied to pay for such charges would cause the city, village, or town to exceed the limit that is otherwise applicable under this section.

AB50,1145 Section 1145. 66.0602 (3) (h) 2. a. of the statutes is amended to read:

AB50,590,9 66.0602 (3) (h) 2. a. The total charges assessed by the joint fire department service or the joint emergency medical services district service for the current year increase, relative to the total charges assessed by the joint fire department service or the joint emergency medical services district service for the previous year, by a percentage that is less than or equal to the percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12 months ending on August 31 of the year of the levy, plus 2 percent.

AB50,1146 Section 1146. 66.0602 (3) (h) 2. b. of the statutes is amended to read:

AB50,590,14 66.0602 (3) (h) 2. b. The governing body of each city, village, and town that is served by the joint fire department service or the joint emergency medical services district service adopts a resolution in favor of exceeding the limit as described in subd. 1.

AB50,1147 Section 1147. 66.0602 (3) (h) 3. of the statutes is created to read:

AB50,590,18 66.0602 (3) (h) 3. Charges assessed by a joint fire service or joint emergency medical service under this paragraph include all fees charged to a city, village, or town by the the joint fire service or joint emergency medical service.

AB50,1148 Section 1148. 66.0602 (3) (p) of the statutes is created to read:

AB50,591,4 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.

AB50,591,6 2. A political subdivision may not use the exception under this paragraph unless all of the following apply:

AB50,591,11 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.

AB50,591,17 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.

AB50,1149 Section 1149. 66.0617 (7) of the statutes is amended to read:

AB50,592,3 66.0617 (7) Low-cost or workforce housing. An ordinance enacted under this section may provide for an exemption from, or a reduction in the amount of, impact fees on land development that provides low-cost housing, except that no or workforce housing, as defined in s. 66.1105 (2) (n). Under no circumstances may the amount of an impact fee for which an exemption or reduction is provided under this subsection may be shifted to any other development in the land development in which the low-cost housing or workforce housing is located or to any other land development in the municipality.

AB50,1150 Section 1150. 66.0823 (3) (b) of the statutes is amended to read:

AB50,592,10 66.0823 (3) (b) Filing requirements. The parties entering into a contract under this subsection shall file a copy of the contract with the secretary of state administration. Upon receipt, the secretary of state administration shall record the contract and issue a certificate of incorporation stating the name of the authority and the date and fact of incorporation. The corporate existence of the authority begins upon issuance of the certificate.

AB50,1151 Section 1151. 66.0825 (4) (b) of the statutes is amended to read: