LRB-0568/3
MES&EVM:cjs:ph
2009 - 2010 LEGISLATURE
April 14, 2009 - Introduced by Joint Legislative Council. Referred to Committee
on Urban and Local Affairs.
AB213,2,2
1An Act to repeal 61.31 (1), 61.55 and 61.56, 62.09 (6) (b), 62.09 (11) (g) and
2893.81;
to renumber 61.31 (2) and 62.13 (8);
to amend 12.04 (4) (b), 32.05
3(intro.), 61.23 (1), 61.31 (title), 61.32, 61.50 (1), 61.57, 61.65 (1) (a) 2., 62.09 (1)
4(a), 62.09 (6) (a), 62.13 (1), 66.0133 (3), 66.0505 (3) (a) 1., 66.0507, 66.0901 (2),
566.1103 (11) (a) and 86.25 (4);
to repeal and recreate 61.54 and 62.15 (5); and
6to create 61.193, 62.09 (5) (e), 62.09 (6) (am), 62.13 (2g) and 62.13 (8) (b) of the
7statutes;
relating to: establishing and changing compensation for city and
8village elective offices; signing village contracts; bidding procedure for village
9public construction contracts; officer-of-the-peace status of village officers;
10publication by the city clerk of fund receipts and disbursements; village and 4th
11class city regulation of political signs; liability of counties and cities for mob
12damage; means of providing police and fire protection by cities and villages;
13holdover status of appointed city and village officers; use of the s. 32.05
1procedure in villages for certain housing and urban renewal condemnation; and
2application of public contract bidder prequalification to 1st class cities.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill was developed by the Joint
Legislative Council's Special Committee on Differences in Laws Applicable to Cities and
Villages. The committee was directed by the Joint Legislative Council to review laws
relating to cities and villages, other than those laws that relate to the fundamental
organizational structure that distinguishes cities and villages, to determine
discrepancies and inconsistencies in the application of those laws to each type of
municipality and recommend, when appropriate and advantageous, rectifying those
discrepancies and inconsistencies that exist for no apparent policy rationale.
Based on its review of discrepancies and inconsistencies in laws that apply to cities
and villages that were brought to the committee's attention by interested parties, the
committee recommends further harmonizing the laws that apply to cities and villages as
provided in this bill.
In general terms, this bill:
• Requires compensation for city and village elective offices to be established before
the earliest time for filing nomination papers for the office or, if nomination papers are
not used for an elective village office, before the caucus date for that office. In so
providing, the bill repeals current language regarding the establishment of salaries for
elective city offices and appointive city offices with definite terms. Also, for consistency
with law that applies to cities, the bill removes the requirement that the salary of a village
president and village board member be an "annual" salary.
• Makes the bidding procedure for village public construction contracts consistent
with the bidding procedure that applies to city public construction contracts. Currently,
villages have the option to use the city procedure.
• Provides that persons serving in city appointive offices serve until their
respective successors are appointed and qualify, for consistency with current village law.
For both cities and villages, the bill allows an ordinance to provide otherwise.
• Authorizes, consistent with law that applies to city public construction contracts,
a village by resolution or ordinance to alter the statutory requirement that the village
president and clerk execute all contracts, conveyances, commissions, licenses, or other
written instruments.
• Repeals officer-of-the-peace status of village board members for consistency
with the former repeal of police powers for city council members.
• Repeals the current directive that applies to city clerks, but not village clerks, to
annually publish as a class 1 notice a statement showing the receipts and disbursements
as to each fund during the preceding fiscal year.
• Extends the current authority of 1st, 2nd, and 3rd class cities to regulate political
signs larger than 11 square feet in area to include 4th class cities and villages.
• Repeals the statute providing that counties and cities are strictly liable, subject
to contributory negligence principles, for injuries to persons or property caused by a mob
or riot within their respective jurisdictions.
• Consistent with law that applies to villages, expressly authorizes cities to
contract for police protection with a village, a town, another city, or a county and
authorizes cities to contract for fire protection with a village, a town, or another city.
• Clarifies that the condemnation procedure under s. 32.05, stats., may be used for
certain housing and urban renewal condemnation in villages, as well as in cities.
• Authorizes a 1st class city, consistent with the authority of other classes of cities
and of villages, to use the bidder prequalification procedure for public contracts.
Additional information is contained in the Notes to individual Sections of the bill.
AB213, s. 1
1Section
1. 12.04 (4) (b) of the statutes is amended to read:
AB213,3,72
12.04
(4) (b) In addition to regulation under par. (a), a
1st, 2nd or 3rd class city,
3or a town, municipality may regulate the size, shape or placement of a sign exceeding
411 square feet in area. This paragraph does not apply to a sign which is affixed to
5a permanent structure and does not extend beyond the perimeter of the structure,
6if the sign does not obstruct a window, door, fire escape, ventilation shaft or other area
7which is required by an applicable building code to remain unobstructed.
Note: Section 12.04 (2), stats., generally permits an individual to place a sign
containing a political message on residential property owned or occupied by that
individual during an election campaign period. However, under sub. (4) (a) of the statute,
counties and municipalities may regulate the size, shape, or placement of any political
sign that has an electrical, mechanical, or audio apparatus and may regulate any political
sign in an order to ensure traffic or pedestrian safety. Subsection (4) (b) of s. 12.04 further
authorizes the regulation of the size, shape, or placement of any political sign that is more
than 11 square feet in area, but extends that regulatory authority only to 1st, 2nd, and
3rd class cities and towns. Thus, 4th class cities and villages do not enjoy the latter
authority.
It is not apparent from the legislative history or from a policy standpoint why the
regulatory authority extended by s. 12.04 (4) (b), stats., does not also apply to 4th class
cities and villages. Therefore, the bill extends the authority to all municipalities, which
will include 4th class cities and villages in addition to other classes of cities and to towns.
See s. 5.02 (11).
It is recognized that the implementation of the authority granted under s. 12.04
can raise first amendment issues relating to content-based regulation of speech.
However, notwithstanding that issue, it was determined that the regulatory authority
should be extended to all municipalities, consistent with the special committee's
directive.
AB213, s. 2
8Section
2. 32.05 (intro.) of the statutes is amended to read:
AB213,4,24
132.05 Condemnation for sewers and transportation facilities. (intro.)
2In this section, "mass transit facility" includes, without limitation because of
3enumeration, exclusive or preferential bus lanes if those lanes are limited to
4abandoned railroad rights-of-way or existing expressways constructed before
5May 17, 1978, highway control devices, bus passenger loading areas and terminal
6facilities, including shelters, and fringe and corridor parking facilities to serve bus
7and other public mass transportation passengers, together with the acquisition,
8construction, reconstruction and maintenance of lands and facilities for the
9development, improvement and use of public mass transportation systems for the
10transportation of passengers. This section does not apply to proceedings in 1st class
11cities under subch. II. In any city, condemnation for housing under ss. 66.1201 to
1266.1211, for urban renewal under s. 66.1333, or for cultural arts facilities under
13subch. V of ch. 229, may proceed under this section or under s. 32.06 at the option
14of the condemning authority.
In any village, condemnation for housing under ss.
1566.1201 to 66.1211 or for urban renewal under s. 66.1333 may proceed under this
16section or under s. 32.06 at the option of the condemning authority. Condemnation
17by a local exposition district under subch. II of ch. 229 for any exposition center or
18exposition center facility may proceed under this section or under s. 32.06 at the
19option of the local exposition district. All other condemnation of property for public
20alleys, streets, highways, airports, spaceports, mass transit facilities, or other
21transportation facilities, gas or leachate extraction systems to remedy
22environmental pollution from a solid waste disposal facility, storm sewers and
23sanitary sewers, watercourses or water transmission and distribution facilities shall
24proceed as follows:
Note: Clarifies that the condemnation procedure under s. 32.05, stats., may be
used in villages for condemnation for housing under ss. 66.1201 to 66.1211, stats., and
for urban renewal under s. 66.1333, stats.
There are 2 general condemnation procedures under state statute. One procedure
is found in s. 32.05, stats., the other in s. 32.06, stats. Procedural and timeliness
considerations may make the s. 32.05 procedure more advantageous to a condemnor than
the s. 32.06 procedure. (Under the s. 32.05 procedure, if the condemnor and property
owner are unable to agree on the purchase price, the condemnor sets the purchase price
and, upon payment of that price to the property owner, title to the property passes to the
condemnor. The property owner then has the burden of contesting the compensation, if
the property owner so chooses, before the county condemnation commission or circuit
court. In contrast, under the s. 32.06 procedure, if the condemnor and property owner
are unable to agree on the purchase price, the purchase price is determined by the county
condemnation commission before the condemnor acquires title. The condemnor has the
burden of bringing the compensation issue before the condemnation commissioners. The
condemnor is required to pay the price determined by the commission and title to the
property passes upon payment.)
Cities have housing authority under ss. 66.1201 to 66.1211, stats., and urban
renewal authority under s. 66.1333, stats. Under s. 66.1339, stats., villages have all of
the powers of cities under ss. 66.1201 to 66.1329 and ss. 66.1331 to 66.1337, stats.
Cities have express authority under s. 32.05 (intro.) to use the condemnation
procedure under that section for the housing and urban renewal authority cited above.
(Alternatively, the s. 32.06 procedure may be used.) There is no express authority for
villages to use the condemnation procedure under s. 32.05 for these purposes. The failure
to expressly include housing and urban renewal condemnations in villages under the
32.05 procedure raises doubt about whether that authority exists in villages by
implication.
Because there is no apparent policy rationale for not extending the authority to use
the s. 32.05 procedure for condemnations in villages for these purposes, the section is
amended to expressly include that authority.
AB213, s. 3
1Section
3
. 61.193 of the statutes is created to read:
AB213,5,5
261.193 Establishing and changing compensation for elective offices. 3(1) In this section, "compensation" means a salary, a per diem compensation for each
4day or part of a day necessarily devoted to the service of the village and the discharge
5of duties, or a combination of salary and per diem compensation.
AB213,6,2
6(2) Except as provided in sub. (3), and subject to s. 61.32, the compensation for
7an elective village office shall be established before the earliest time for filing
8nomination papers for the office or, if nomination papers are not used, before the
9caucus date determined under s. 8.05 (1) (a). After that time or date, no change may
10be made in the compensation for the office that applies to the term of office for which
1the deadline or date applies. The compensation established for an elective office
2remains in effect for ensuing terms unless changed.
AB213,6,4
3(3) In a newly incorporated village, the compensation for an elective office may
4be established during the first term of office.
Note: Creates a provision for establishing and changing compensation for village
elective offices that corresponds to the provision applicable to city elective offices, created
by Section 17 of this bill.
The requirement that the compensation, as defined, for an elective village office be
established before the earliest time for filing nomination papers for the office or before
the caucus date is new. It reflects the principle that compensation for an elective office
is for the office, not for a particular individual holding the office. The definition of
"compensation" is based on s. 60.32 (2), stats., applicable to town elective offices.
The 2nd and 3rd sentences of par. (b) restate language deleted from current s.
61.32, stats., by Section 8 of this bill, although the current law provision applies only to
the village president and trustees and the new language applies more broadly, to all
elective officers. Paragraph (c) is new and corresponds with a provision that currently
applies to newly incorporated cities. See Sections 17 and 18 of this bill.
Note that periodic increases in compensation for an elective office may be provided,
as long as any increase is determined by the stated deadline. In addition, under s.
66.0507, stats., salary may include an automatic adjustment for changes in cost of living
(except village board members). See Section 27 of this bill.
AB213, s. 4
5Section
4
. 61.23 (1) of the statutes is amended to read:
AB213,6,136
61.23
(1) Except as otherwise provided by law, the term of office of all village
7officers is 2 years. Persons serving in appointive offices shall serve until their
8respective successors are appointed and qualify
, unless otherwise provided by
9ordinance. If any officer other than a trustee is absent or temporarily incapacitated
10from any cause the board may appoint some person to discharge the officer's duties
11until the officer returns or until such disability is removed. If a trustee is temporarily
12incapacitated because of physical or mental disability, the board may appoint a
13person to discharge the trustee's duties until the disability is removed.
Note: Persons serving in appointive offices in a village serve until their respective
successors are appointed and qualify. This Section amends current law to provide that
a village, by the adoption of an ordinance, may create a different method of determining
when the term of an appointed officer ends. See also Section 15 of this bill.
AB213, s. 5
14Section
5. 61.31 (title) of the statutes is amended to read:
AB213,7,1
161.31 (title)
Peace officers, who are powers.
