SB639: Bill Text

SB639,13,9 20.865 (1) (q) Judgments and legal expenses; segregated revenues. From the appropriate segregated funds, a sum sufficient to pay for legal expenses under ss. 59.31 59.32 (3) and 776.43, for costs under ss. 227.485 and 814.245 and for the cost of judgments, orders and settlements of actions, appeals and complaints under subch. II of ch. 111 or subch. II or III of ch. 230, and those judgments, awards, orders and settlements under ss. 21.13, 165.25 (6), 775.04 and 895.46 that are not otherwise reimbursable as liability costs under par. (fm). Release of moneys under this paragraph pursuant to any settlement agreement, whether or not incorporated into an order, is subject to approval of the attorney general.

SB639, s. 24 Section 24. 20.910 of the statutes is amended to read:

SB639,13,19 20.910 State percentage; notice of default. If the department of administration does not receive from the clerk of the circuit court the statement relative to the state percentage of fees and other payments required by s. 59.395 (5) 59.40 (2) (m) together with a receipt for the sum required by law to be paid on the actions so entered during the preceding month, on or before the first day of the next succeeding month, it shall immediately notify the judge of the circuit court of the county of the failure to transmit the statement or receipt or both; and the judge shall thereupon notify the clerk to show cause why he or she should not be removed from office in the manner provided by law.

SB639, s. 25 Section 25. 23.49 of the statutes is amended to read:

SB639,14,2 23.49 Credit card use charges. The department shall certify to the state treasurer the amount of charges associated with the use of credit cards that is assessed to the department on deposits accepted under s. 23.66 (1m) by conservation wardens, and the state treasurer shall pay the charges from moneys received under s. 59.20 (8) and (8m) 59.25 (3) (j) and (k) that are reserved for payment of the charges under s. 14.58 (21).

SB639, s. 26 Section 26. 23.85 of the statutes is amended to read:

SB639,14,22 23.85 Statement to county board; payment to state. Every county treasurer shall, on the first day of the annual meeting of the county board of supervisors, submit to it a verified statement of all forfeitures, penalty assessments, jail assessments, weapons assessments, environmental assessments, wild animal protection assessments, natural resources assessments, fishing shelter removal assessments, snowmobile registration restitution payments and natural resources restitution payments money received during the previous year. The county clerk shall deduct all expenses incurred by the county in recovering those forfeitures, penalty assessments, weapons assessments, environmental assessments, wild animal protection assessments, natural resources assessments, fishing shelter removal assessments, snowmobile registration restitution payments and natural resources restitution payments from the aggregate amount so received, and shall immediately certify the amount of clear proceeds of those forfeitures, penalty assessments, weapons assessments, environmental assessments, wild animal protection assessments, natural resources assessments, fishing shelter removal assessments, snowmobile registration restitution payments and natural resources restitution payments to the county treasurer, who shall pay the proceeds to the state treasurer as provided in s. 59.20 59.25 (3). Jail assessments shall be treated separately as provided in s. 302.46.

SB639, s. 27 Section 27. 25.40 (1) (ig) of the statutes is amended to read:

SB639,15,2 25.40 (1) (ig) All moneys forwarded by county treasurers from forfeitures, fines and penalties under ch. 348 and from forfeitures for the violation of traffic regulations in conformity with ch. 348, as provided in s. 59.20 (8m) and (8n) 59.25 (3) (k) and (L).

SB639, s. 28 Section 28. 25.40 (1) (im) of the statutes is amended to read:

SB639,15,8 25.40 (1) (im) All moneys forwarded by county treasurers from fees under s. 343.10 (6), as provided in ss. 59.20 (8r) 59.25 (3) (m) and 343.10 (6), and all moneys forwarded by municipal treasurers from fees under s. 343.10 (6), as provided in s. 343.10 (6), and all moneys forwarded by the department from fees under s. 343.10 (6).

SB639, s. 29 Section 29. 27.03 (2) of the statutes is amended to read:

SB639,15,18 27.03 (2) In any county with a county executive or a county administrator, the county executive or county administrator shall appoint and supervise a general manager of the park system. The appointment shall be subject to confirmation by the county board unless the county board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.07 (20) 59.52 (8) or ch. 63. In any county with a population of 500,000 or more, the general manager of the park system shall be in the unclassified civil service and is subject to confirmation by the county board unless the county board, by ordinance, elects to waive confirmation.

SB639, s. 30 Section 30. 27.05 (6) of the statutes is amended to read:

SB639,16,5 27.05 (6) Let, lease or grant the use of such part or portion of the park lands now owned or hereafter acquired as to it shall seem reasonably necessary, convenient or proper to agricultural and other societies of similar nature for agricultural and industrial fairs and exhibitions and such other purposes as tend to promote the public welfare. All fences and buildings constructed and other improvements made on such lands by societies using the same shall be constructed and made according to plans submitted to, and approved by the county park commission or county park manager, and shall be the property of the county. The county board may appropriate money for and construct buildings and make improvements on any such lands so used in the same manner and to the same extent as provided by s. 59.69 (1) 59.56 (14) (a) to (c).

SB639, s. 31 Section 31. 27.06 of the statutes is amended to read:

SB639,16,11 27.06 Mill-tax appropriation. The county board may annually, at the same time that other county taxes are levied, levy a tax upon the taxable property of such county for the purchase of land and the payment of expenses incurred in carrying on the work of the park commission. In every county having a population of 500,000 or more, the county park commission shall be subject to s. 59.84 59.60.

SB639, s. 32 Section 32. 28.11 (3) (a) of the statutes is amended to read:

SB639,16,17 28.11 (3) (a) Enact an ordinance designating a committee to have charge of the county forests and specifying the powers, duties, procedures and functions of such committee. The members of such committee shall be appointed pursuant to s. 59.06 59.13 and may include well-qualified residents of the county who are not members of the county board.

SB639, s. 33 Section 33. 29.9965 (1) (f) of the statutes is amended to read:

SB639,16,22 29.9965 (1) (f) The clerk of the court shall collect and transmit to the county treasurer the wild animal protection assessment and other amounts required under s. 59.395 (5) 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.20 (5) (b) 59.25 (3) (f) 2.

SB639, s. 34 Section 34. 29.9967 (1) (d) of the statutes is amended to read:

SB639,17,2 29.9967 (1) (d) The clerk of the court shall collect and transmit to the county treasurer the fishing shelter removal assessment and other amounts required under s. 59.395 (5) 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.20 (5) (b) 59.25 (3) (f) 2.

SB639, s. 35 Section 35. 29.997 (1) (d) of the statutes is amended to read:

SB639,17,8 29.997 (1) (d) The clerk of the court shall collect and transmit to the county treasurer the natural resources assessment and other amounts required under s. 59.395 (5) 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.20 (5) (b) 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the natural resources assessment in the conservation fund.

SB639, s. 36 Section 36. 29.998 (1) (d) of the statutes is amended to read:

SB639,17,15 29.998 (1) (d) The clerk of the court shall collect and transmit to the county treasurer the natural resources restitution payment and other amounts required under s. 59.395 (5) 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.20 (5) (b) 59.25 (3) (f) 2. The state treasurer shall deposit the amount of the natural resources restitution payment in the conservation fund.

SB639, s. 37 Section 37. 30.12 (4) (a) of the statutes is amended to read:

SB639,17,25 30.12 (4) (a) Activities affecting waters of the state as defined in s. 144.01 that are carried out under the direction and supervision of the department of transportation in connection with highway and bridge design, location, construction, reconstruction, maintenance and repair are not subject to the prohibitions or permit or approval requirements specified under this section or s. 29.29, 30.11, 30.123, 30.195, 30.20, 59.971 59.692, 61.351, 62.231, 87.30 or ch. 144 or 147. However, at the earliest practical time prior to the commencement of these activities, the department of transportation shall notify the department of the location, nature and extent of the proposed work that may affect the waters of the state.

SB639, s. 38 Section 38. 30.202 (3) of the statutes is amended to read:

SB639,18,7 30.202 (3) Exemption from statutes and rules. Dredge spoil disposal activities authorized under sub. (2) are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under ss. 29.29, 30.01 to 30.20, 30.21 to 30.99, 59.971 59.692 or 87.30 or ch. 144 or 147 or specified in any rule promulgated, order issued or ordinance adopted under those sections or chapters.

SB639, s. 39 Section 39. 30.204 (5) of the statutes is amended to read:

SB639,18,16 30.204 (5) Exemption from certain statutes and rules. Activities of the department in conducting the lake acidification experiment are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under ss. 29.29 (3), 30.01 to 30.03, 30.06 to 30.16, 30.18 to 30.29, 30.50 to 30.99, 59.971 59.692, 87.30, 144.01 to 144.27, 144.43 to 144.79, 144.96 to 144.99 or 159.81 or ch. 147 or specified in any rule promulgated, order issued or ordinance adopted under any of those sections or that chapter.

SB639, s. 40 Section 40. 30.44 (8) (a) of the statutes is amended to read:

SB639,18,20 30.44 (8) (a) Except as provided under sub. (1) (f), a person shall apply for and be issued by the board a permit for an activity in subs. (1), (2) and (5) for land in the riverway that is not zoned shorelands under s. 59.971 59.692.

SB639, s. 41 Section 41. 30.44 (8) (c) (intro.) of the statutes is amended to read:

SB639,18,25 30.44 (8) (c) (intro.) The board may grant a waiver of a performance standard for an activity in sub. (1) (b) and issue a permit under par. (a) or may grant a waiver authorizing an activity prohibited under s. 30.45 (3) or (3m) for land in the riverway that is not zoned shorelands under s. 59.971 59.692 if one of the following applies:

SB639, s. 42 Section 42. 30.44 (9) (a) of the statutes is amended to read:

SB639,19,4 30.44 (9) (a) A person shall apply for and be issued by the county in which the land is located a permit for an activity in subs. (1), (2) and (5) for land in the riverway that is in the county and that is zoned shorelands under s. 59.971 59.692.

SB639, s. 43 Section 43. 30.44 (9) (c) (intro.) of the statutes is amended to read:

SB639,19,10 30.44 (9) (c) (intro.) The county may grant a waiver of a performance standard for an activity in sub. (1) (b) and issue a permit for the activity under par. (a) or may grant a waiver authorizing an activity prohibited under s. 30.45 (3) or (3m) for land in the riverway that is in the county and that is zoned shorelands under s. 59.971 59.692 if one of the following applies:

SB639, s. 44 Section 44. 30.44 (9) (f) of the statutes is amended to read:

SB639,19,16 30.44 (9) (f) Notwithstanding s. 59.971 59.692 (4) (b), the procedures for appeals under s. 59.99 59.694 apply to denials of permits under this subsection. If the county does not have a county board of adjustment established under s. 59.99 59.694, the procedure established by the county that is in lieu of the procedure for appeals in s. 59.99 59.694 shall apply.

SB639, s. 45 Section 45. 30.44 (11) (intro.) of the statutes is amended to read:

SB639,19,20 30.44 (11) Board review. (intro.) Notwithstanding s. 59.971 59.692 (4) (b), if a county grants a waiver and issues a permit under sub. (9) (c), the following procedure shall apply in lieu of the procedures for appeals specified in sub. (9) (f):

SB639, s. 46 Section 46. 31.06 (4) of the statutes is amended to read:

SB639,20,16 31.06 (4) Not more than 20 days after receiving notice as provided in sub. (1) each county clerk may and upon request of the chairperson of the county board shall give written notice as provided in s. 59.04 59.11 (2) of a special meeting of the county board to be held at a time and place set by the county clerk, not less than 2 weeks nor more than 3 weeks after mailing of such notice, for the purpose of making findings as hereinafter provided. The county clerk shall give notice of the time, place and purpose of such special meeting to the department and to the applicant, who shall cause the same to be published in the county, as a class 2 notice, under ch. 985, and the applicant shall cause a copy thereof to be mailed at least 7 days prior to such special meeting to every person interested in any lands that will be affected by the proposed dam and whose post-office address can by due diligence be ascertained. Proof of such publication and notice shall be filed with the county clerk. At such special meeting the county board shall hear evidence offered by the applicant and other persons and shall find and determine by a majority vote of the county board members-elect whether the lake and lake shore created by the flowage or the river in its natural state offers greater recreational facilities and scenic beauty value for the larger number of people. The county clerk shall forthwith certify such finding and determination to the department. The jurisdiction and findings of each county board shall apply to that part of the proposed dam and flowage which is within the county.

SB639, s. 47 Section 47. 32.02 (1) of the statutes is amended to read:

SB639,21,2 32.02 (1) Any county, town, village, city, including villages and cities incorporated under general or special acts, school district, the department of health and family services, the department of corrections, the board of regents of the university of Wisconsin system, the building commission, a commission created by contract under s. 66.30, with the approval of the municipality in which condemnation is proposed, or any public board or commission, for any lawful purpose, but in the case of city and village boards or commissions approval of that action is required to be granted by the governing body. A mosquito control commission, created under s. 59.861 59.70 (12), may not acquire property by condemnation.

SB639, s. 48 Section 48. 33.46 (1) (c) of the statutes is amended to read:

SB639,21,7 33.46 (1) (c) After the public hearing, the board of commissioners shall submit the proposed budget to the county for incorporation in the county's budget to be subject to any review procedures that apply to the county budget under ss. 59.84 59.60 and 65.90.

SB639, s. 49 Section 49. 33.46 (2) (c) of the statutes is amended to read:

SB639,21,10 33.46 (2) (c) Fees that the county is empowered to charge under ss. 30.77 (3) (e), 33.475 and 59.07 (42) 59.54 (2).

SB639, s. 50 Section 50. 33.475 of the statutes is amended to read:

SB639,21,17 33.475 Boating fees. Notwithstanding the prohibition in s. 30.77 (1) against ordinances and local regulations that exclude any boat from the free use of the waters of the state, and in addition to the powers granted the county under ss. 30.77 (3) (e) and 59.07 (42) 59.54 (2), the county may charge boat operators reasonable fees for the costs of providing other recreational boating services not specified in ss. 30.77 (3) (e) and 59.07 (42) 59.54 (2).

SB639, s. 51 Section 51. 36.11 (1) (d) of the statutes is amended to read:

SB639,21,23 36.11 (1) (d) All fines imposed and collected under this subsection shall be transmitted to the county treasurer for disposition in accordance with s. 59.20 (5) and (8) 59.25 (3) (f) and (j). All forfeitures, including forfeitures of posted bail if any, imposed and collected under this subsection shall be transmitted to the county treasurer for disposition in accordance with ss. 778.13 and 778.17.

SB639, s. 52 Section 52. 38.14 (12) of the statutes is amended to read:

SB639,22,6 38.14 (12) Integrated service programs for children with severe disabilities. If the county board of supervisors establishes an integrated service program for children with severe disabilities under s. 59.07 (147) 59.53 (7), the district board may participate in an integrated service program for children with severe disabilities under s. 59.07 (147) 59.53 (7) and may enter into written interagency agreements or contracts under the program.

SB639, s. 53 Section 53. 41.41 (8) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,22,15 41.41 (8) Zoning. Notwithstanding ss. 13.48 (13) (a), 59.97 59.69 (4), 60.61 (2), 60.62 (1), 61.35 and 62.23 (7), the Kickapoo valley reserve is not subject to the zoning ordinance of any county or municipality, except that any ordinance enacted under s. 59.971 59.692, 61.351, 62.231 or 87.30 governing the zoning of floodplains, shorelands or wetlands in shorelands and any ordinance that is required by law under s. 59.974 59.693, 61.354 or 62.324 62.234 governing construction site erosion control or storm water management applies in the reserve.

SB639, s. 54 Section 54. 43.17 (4) of the statutes is amended to read:

SB639,22,20 43.17 (4) System administration. Notwithstanding ss. 59.031 59.17 (2) (br) and 59.033 59.18 (2) (b), responsibility for administration of a public library system shall vest in a head librarian who shall be appointed by and directly responsible to the public library system board.

SB639, s. 55 Section 55. 43.58 (4) of the statutes is amended to read:

SB639,22,25 43.58 (4) Notwithstanding ss. 59.031 59.17 (2) (br) and 59.033 59.18 (2) (b), the library board shall supervise the administration of the public library and shall appoint a librarian, who shall appoint such other assistants and employes as the library board deems necessary, and prescribe their duties and compensation.

SB639, s. 56 Section 56. 45.15 of the statutes is amended to read:

SB639,23,6 45.15 Commission, compensation. The county board shall allow the members of the commission a reasonable rate of compensation for services and actual expenses incurred in the performance of their duties to be determined pursuant to s. 59.15 59.22. The county board may provide for the employment of clerical assistance to the commission.

SB639, s. 57 Section 57. 45.21 of the statutes is amended to read:

SB639,23,18 45.21 Registration of certificate of discharge. Every person who has served in the U.S. armed forces at any time, and who has been honorably discharged or given a certificate of service or relieved from active service may record with the register of deeds of any county, in a suitable book provided by the county for that purpose, a certificate of discharge or release. The certificate shall be accessible only to the person or dependents, the county veterans' service officer, department of veterans affairs, or any person with written authorization from the person discharged or dependents. The register of deeds may not charge for recording, except that in counties where the register of deeds is under the fee system and not paid a fixed salary the county shall pay the fee specified in s. 59.57 (1) (a) 59.43 (2) (ag). The record of any such certificate heretofore made is hereby legalized.

SB639, s. 58 Section 58. 45.43 (1) (b) of the statutes is amended to read:

SB639,24,2 45.43 (1) (b) In counties with a county executive or county administrator, the county executive or county administrator shall appoint and supervise a county veterans' service officer who shall have the qualifications prescribed under par. (a). The appointment is subject to confirmation by the county board unless the county board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.07 (20) 59.52 (8) or ch. 63.

SB639, s. 59 Section 59. 45.43 (7) (b) of the statutes is amended to read:

SB639,24,14 45.43 (7) (b) The department shall award a grant not exceeding $5,000 annually to a county that meets the standards developed under this subsection and employs a county veterans' service officer who, if chosen after August 9, 1989, is chosen from a list of candidates who have taken a civil service examination for the position of county veterans' service officer developed and administered by the division of merit recruitment and selection in the department of employment relations, or is appointed under a civil service competitive examination procedure under ch. 63 or s. 59.07 (20) 59.52 (8). An eligible county initially applying for a grant after August 9, 1989, shall be eligible for an initial grant for the first year not exceeding $1,000, an annual grant for the next year not exceeding $3,000 and any subsequent annual grant not exceeding $5,000.

SB639, s. 60 Section 60. 46.03 (7) (bm) of the statutes is amended to read:

SB639,24,25 46.03 (7) (bm) Maintain a file containing records of artificial inseminations under s. 891.40 and records of declarations of paternal interest under s. 48.025 and of statements acknowledging paternity under s. 69.15 (3) (b). The department shall release these records only upon an order of the court except that the department may use nonidentifying information concerning artificial inseminations for the purpose of compiling statistics and except that records relating to declarations of paternal interest and statements acknowledging paternity may be used without a court order upon the request of the department or its designee under s. 59.07 (97) 59.53 (5) pursuant to the program responsibilities under s. 46.25 or by any other person with a direct and tangible interest in the record.

SB639, s. 61 Section 61. 46.03 (22) (c) of the statutes is amended to read:

SB639,25,8 46.03 (22) (c) The department shall designate a subunit to keep records and supply information on community living arrangements under ss. 59.97 59.69 (15) (f), 60.63 (7) and 62.23 (7) (i) 6. The subunit shall be responsible for receiving all complaints regarding community living arrangements and for coordinating all necessary investigatory and disciplinary actions under the laws of this state and under the rules of the department relating to the licensing of community living arrangements.

SB639, s. 62 Section 62. 46.03 (22) (e) of the statutes is amended to read:

SB639,25,17 46.03 (22) (e) If a community living arrangement is required to obtain special zoning permission, as defined in s. 59.97 59.69 (15) (g), the department shall, at the request of the unit of government responsible for granting the special zoning permission, inspect the proposed facility and review the program proposed for the facility. After such inspection and review, the department shall transmit to the unit of government responsible for granting the special zoning permission a statement that the proposed facility and its proposed program have been examined and are either approved or disapproved by the department.

SB639, s. 63 Section 63. 46.21 (1m) (a) of the statutes is amended to read:

SB639,26,4 46.21 (1m) (a) The county executive shall appoint under ss. 63.01 to 63.17 a director of the county department of human services. The appointment shall be made on the basis of recognized and demonstrated public interest in and knowledge of the problems of human services, and with due regard to training, experience, executive and administrative ability and efficiency, and general qualifications and fitness for performing the duties of the office. The director shall file an official oath and bond in the amount determined by the county board of supervisors. The county board of supervisors may create a position of deputy director of the county department of human services. The director shall be appointed by the county executive in the unclassified civil service and is subject to confirmation by the county board of supervisors under s. 59.031 59.17 (2) (bm).

SB639, s. 64 Section 64. 46.21 (1m) (am) of the statutes is amended to read:

SB639,26,16 46.21 (1m) (am) The county executive shall appoint under ss. 63.01 to 63.17 an administrator of the county hospital. The appointment shall be made on the basis of recognized and demonstrated public interest in and knowledge of the problems of delivery of medical care and treatment, and with due regard to training, experience, executive and administrative ability and efficiency, and general qualifications and fitness for performing the duties of the office. The administrator shall file an official oath and bond in the amount determined by the county board of supervisors. The county board of supervisors may create positions to assist the administrator. The administrator shall be appointed by the county executive in the unclassified civil service and the appointment is subject to confirmation by the county board of supervisors under s. 59.031 59.17 (2) (bm).

SB639, s. 65 Section 65. 46.21 (7) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,26,21 46.21 (7) Applicability. Except as provided in s. 59.07 (153) 59.79 (10), this section does not apply, with respect to the county hospital under s. 49.71 (2), if the county board of supervisors acts under s. 59.07 (153) 59.79 (10).

SB639, s. 66 Section 66. 46.215 (1) (q) of the statutes is amended to read:

SB639,27,2 46.215 (1) (q) If the county board of supervisors establishes an integrated service program for children with severe disabilities under s. 59.07 (147) 59.53 (7), to participate in and administer an integrated service program for children with severe disabilities under s. 59.07 (147) 59.53 (7), including entering into any written interagency agreements or contracts.

SB639, s. 67 Section 67. 46.22 (1) (b) 1. i. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,27,9 46.22 (1) (b) 1. i. If the county board of supervisors establishes an integrated service program for children with severe disabilities under s. 59.07 (147) 59.53 (7), to participate in and administer an integrated service program for children with severe disabilities under s. 59.07 (147) 59.53 (7), including entering into any written interagency agreements or contracts.