1995 Wisconsin Act 201

201,188 Section 188 . 59.07 (76) of the statutes is renumbered 59.53 (8) and amended to read:

59.53 (8) Rehabilitation facilities. Establish The board may establish and maintain rehabilitation facilities in any part of the county under the jurisdiction of the sheriff as an extension of the jail, or separate from the jail under jurisdiction of a superintendent, to provide any person sentenced to the county jail with a program of rehabilitation for such part of the person's sentence or commitment as the court determines will be of rehabilitative value to the prisoner. Rehabilitation facilities may be located outside of the county under a cooperative agreement under s. 302.44.

201,189 Section 189 . 59.07 (77) of the statutes is renumbered 59.79 (8) and amended to read:

59.79 (8) (title) Milwaukee county; contractual Contractual personnel services. In counties having a population of 500,000 or more, may enter Enter into a contract for a period not to exceed 2 years for the services of retired county employes, provided such services shall not replace or duplicate an existing office or position in the classified or unclassified service nor be considered an office or position under s. 63.03.

201,190 Section 190 . 59.07 (80) of the statutes is renumbered 59.52 (27) and amended to read:

59.52 (27) Bail bonds. The authority of the county board to remit forfeited bond moneys to the bondsmen or their heirs or legal representatives, where such forfeiture arises as a result of failure of a defendant to appear and where such failure to appear is occasioned by a justifiable cause, is hereby confirmed.

201,191 Section 191 . 59.07 (84) of the statutes is renumbered 59.54 (21) and amended to read:

59.54 (21) County disposition of dead animals. May The board may remove any dead animal, for burial or disposition at public expense, found upon public or private property within the county, or may contract for such removal and burial or other disposition with any private rendering plant, but the cost of such removal or disposition may be recovered by the county from the owner of the carcass, if the owner is known. The county board may delegate powers and duties under this subsection to any political subdivision.

201,192 Section 192 . 59.07 (86) of the statutes is renumbered 59.53 (12) and amended to read:

59.53 (12) Guardian of or conservator for county hospital patients. In any county having a population of 100,000 or more, the county board may authorize the county as a body corporate to act as guardian or conservator of the respective estates of patients in its county hospital or mental hospital, and also as guardians or conservators of the respective estates of residents of its county home or infirmary.

201,193 Section 193 . 59.07 (87) of the statutes is renumbered 59.54 (18) and amended to read:

59.54 (18) Civil air patrol. Appropriate The board may appropriate funds or donate property and equipment to civil air patrol units in the county for the purpose of enabling such civil air patrol units to perform their assigned missions and duties as prescribed by U.S. air force regulations.

201,194 Section 194 . 59.07 (89) of the statutes is renumbered 59.79 (4) and amended to read:

59.79 (4) (title) Heating and air conditioning contractors, Milwaukee county. In counties having a population of 500,000 or more, for For the purpose of protecting and promoting the general health and welfare of county residents, provide by ordinance for the regulation, control, prohibition and licensing of heating and air conditioning contractors engaged in either soliciting work or any actual installation, maintenance or repair work within the geographic limits of such counties a county. The board may revoke any license after the filing of charges and notice of hearing thereon. Such ordinance in addition may impose a penalty forfeiture of not to exceed $100 for any violation or, in default of payment thereof, imprisonment for not to exceed 30 days and each day's failure to comply with any provision of the ordinance shall constitute a separate offense. In addition the county may institute injunctive proceedings to enforce any provision of the ordinance. The board may also, within the ordinance, provide for the creation of an advisory board and prescribe its powers. Such ordinance shall apply within cities and villages which may have adopted enacted ordinances regulating the same subject matter but the county ordinance shall not have jurisdiction over any building code matter in any municipality, nor shall the ordinance be applicable to licensed electrical contractors engaged in the installation, maintenance or repair of electrical heating and air conditioning systems or to a public utility which is subject to ch. 196.

201,195 Section 195 . 59.07 (90) of the statutes is renumbered 59.79 (5) and amended to read:

59.79 (5) (title) Milwaukee county; fee Fee for certain marriage ceremonies. In counties having a population of 500,000 or more, enact Enact an ordinance imposing a fee to be paid in advance to the county clerk for each marriage ceremony performed by a judge or a court commissioner specified in s. 765.16 (5) in the courthouse, safety building or children's court center during hours when any office in those public buildings is open for the transaction of business. The amount of the fee shall be determined by the county board.

201,196 Section 196 . 59.07 (91) of the statutes is renumbered 59.79 (6) and amended to read:

59.79 (6) (title) Milwaukee county; world World festival celebration. In counties having a population of 500,000 ore more, appropriate Appropriate money for planning and participation in a world festival celebration, or any similar program or activity designed to promote international commerce and culture.

201,197 Section 197 . 59.07 (92) of the statutes is renumbered 59.58 (1) and amended to read:

59.58 (1) Airports. (a) Construct, purchase, acquire, develop, improve, extend, equip, operate and maintain airports and airport facilities and buildings, including without limitation because of enumeration, terminal buildings, hangars and parking structures and lots, and including all property, real and personal, that is appurtenant to or necessary for such purposes.

(b) Finance such projects, including necessary sites, by the issuance of revenue bonds as provided in s. 66.066, and payable solely from the income, revenues and rentals derived from the operation of the project financed from the proceeds of said the bonds. If any such project is constructed on a site owned by the county prior to the issuance of the bonds the county shall be reimbursed from the proceeds of the bonds in the amount of not less than the reasonable value of the site. The reasonable value of the site shall be determined by the county board after having obtained written appraisals of value by 2 freeholders general appraisers, as defined in s. 458.01 (11), in the county having a reputation for skill and experience in appraising real estate values. Any bonds issued pursuant to under this subsection shall not be included in arriving at the constitutional debt limitation.

(c) Operate airport projects or lease such projects in their entirety or in part, and any such project may include space designed for leasing to others if the space is incidental to the purposes of the project.

201,198 Section 198 . 59.07 (93) of the statutes is renumbered 59.53 (11) and amended to read:

59.53 (11) Senior citizen programs; appropriation; commission on aging. (a) Appropriate funds for the purpose of promoting and assisting to promote and assist county commissions on aging and senior citizens clubs and organizations within the county in their organization and activities. A county may cooperate with any private agency or group in such work.

(b) Appoint a commission on aging as provided in under s. 46.82 (4) (a) 1., if s. 46.82 (4) (a) 1. is applicable.

(c) Appropriate money to defray the expenses incurred by private organizations in providing that provide homemaking services to elderly and handicapped persons within the county if the services will enable the persons to remain self-sufficient and to live independently or with relatives.

201,199 Section 199 . 59.07 (94) of the statutes is renumbered 59.56 (16) and amended to read:

59.56 (16) Advocacy for women and agriculture. Appropriate The board may appropriate money to county commissions to conduct advocacy activities on behalf of women or agriculture.

201,200 Section 200 . 59.07 (95) of the statutes is renumbered 59.56 (1) and amended to read:

59.56 (1) Cultural and educational contributions. Appropriate The board may appropriate money for cultural, artistic, educational and musical programs, projects and related activities, including financial assistance to nonprofit corporations devoted to furthering the cultivation and appreciation of the art of music or to the promotion of the visual arts.

201,201 Section 201 . 59.07 (96) of the statutes is renumbered 59.53 (4) and amended to read:

59.53 (4) Comprehensive health planning. A county or combination of counties may engage in comprehensive health planning, and county boards may appropriate county funds to an area-wide areawide agency for such planning, whether the organization to be utilized is a public agency or a private, nonprofit corporation.

201,202 Section 202 . 59.07 (96m) of the statutes is renumbered 59.53 (19) and amended to read:

59.53 (19) Joint operation of health-related service. May The board may authorize the trustees of county hospitals, together with a private or public organization or affiliation, to organize, establish and participate in the governance and operation of an entity to operate, wholly or in part, any health-related service; to participate in the financing of the entity; and to provide administrative and financial services or resources for its operation on terms prescribed by the county board.

201,203 Section 203 . 59.07 (97) of the statutes is renumbered 59.53 (5) and amended to read:

59.53 (5) Child and spousal support; paternity program; medical support liability program. The county board shall contract with the department of health and social services to implement and administer the child and spousal support and establishment of paternity and the medical support liability programs provided for by Title IV of the federal social security act. The board may designate by board resolution any office, officer, board, department or agency as the county designee. The board or its designee shall implement and administer the programs in accordance with the contract with the state department of health and family services. The attorneys responsible for support enforcement under s. 59.458 (1) sub. (6) (a), family court commissioner, clerk of court and all other county officials shall cooperate with the county and the department as necessary to provide the services required under the programs. The county shall charge the fee established by the department under s. 46.25 for services provided under this subsection to persons not receiving assistance under s. 49.19 or 49.47.

201,204 Section 204 . 59.07 (98) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 59.53 (2) and amended to read:

59.53 (2) Emergency energy relief. Regardless of whether a county operates a relief program under sub. (154), (21), the board may appropriate money for making payments to individuals or providing grants to community action agencies, cities, villages and towns and municipalities to assist persons and families in the purchase of emergency energy supplies.

201,205 Section 205 . 59.07 (99) of the statutes is renumbered 59.53 (3) and amended to read:

59.53 (3) Community action agencies. Appropriate The board may appropriate funds for promoting and assisting any community action agency under s. 46.30.

201,206 Section 206 . 59.07 (100) of the statutes is renumbered 59.53 (14) and amended to read:

59.53 (14) Victims and witnesses of crimes. Appropriate The board may appropriate money for the implementation and operation of a program under s. 950.06.

201,207 Section 207 . 59.07 (101) of the statutes is renumbered 59.62 and amended to read:

59.62 Investment authority delegation. (1) Delegate by resolution or ordinance The board may delegate to any officer or employe any authority assigned by law to the county board to invest county funds. Such ordinance The delegation shall provide that the officer or employe be bonded.

(2) The county board may impose any restriction on the delegation or exercise of authority delegated under this subsection deemed section considered desirable by the county board. If the county board delegates authority under this subsection section, the board shall periodically review the exercise of the delegated authority by the officer or employe.

201,208 Section 208 . 59.07 (102) of the statutes is renumbered 59.53 (9) and amended to read:

59.53 (9) Group homes. Own The board may own or operate group homes, as defined in s. 48.02 (7).

201,209 Section 209 . 59.07 (105) of the statutes is renumbered 59.56 (7) and amended to read:

59.56 (7) School attendance. Enact The board may enact and enforce an ordinance to impose a penalty, which is the same as that provided under s. 118.15 (5), upon a person having under his or her control a child who is between the ages of 6 and 18 years and whose child is not in compliance with s. 118.15.

201,210 Section 210 . 59.07 (107) of the statutes is renumbered 59.54 (25) and amended to read:

59.54 (25) Possession of marijuana. Enact The board may enact and enforce an ordinance to prohibit the possession of 25 grams or less of marijuana, as defined in s. 161.01 (14), subject to the exceptions in s. 161.41 (3r), and provide a forfeiture for a violation of the ordinance; except that any person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of marijuana, in this state shall not be prosecuted under this subsection. Any ordinance enacted under this subsection does not apply in any city, village or town municipality that has enacted an ordinance prohibiting the possession of marijuana.

201,211 Section 211 . 59.07 (109) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 59.54 (23) and amended to read:

59.54 (23) Public assistance; false representation. Enact The board may enact and enforce an ordinance to prohibit conduct that is the same as or similar to conduct that is prohibited by s. 49.95 (1) and provide a forfeiture for a violation of the ordinance.

201,212 Section 212 . 59.07 (111) of the statutes is renumbered 59.54 (24), and 59.54 (24) (intro.), as renumbered, is amended to read:

59.54 (24) Worthless payments issued to a county; underpayments and overpayments. (intro.) Enact The board may enact and enforce an ordinance that is the same as or similar to s. 20.905 to do any of the following:

201,213 Section 213 . 59.07 (120) of the statutes is renumbered 59.54 (26) and amended to read:

59.54 (26) Farm safety. Appropriate The board may appropriate money for or sponsor, or both, farm safety education, training or information programs.

201,214 Section 214. 59.07 (133) of the statutes is renumbered 59.70 (3) and amended to read:

59.70 (3) Recycling or resource recovery facilities. Establish The board may establish and require use of facilities for the recycling of solid waste or for the recovery of resources from solid waste as provided under s. 159.13.

201,215 Section 215 . 59.07 (134) of the statutes is renumbered 59.70 (11) and amended to read:

59.70 (11) Acquisition of recycling or resource recovery facilities without bids. Contract The board may contract for the acquisition of any element of a recycling or resource recovery facility without submitting the contract for bids as required under s. 59.08 59.52 (29) if the county board invites developers to submit proposals to provide a completed project and evaluates proposals according to site, cost, design and the developers' experience in other similar projects.

201,216 Section 216 . 59.07 (135) of the statutes is renumbered 59.70 (2) and amended to read:

59.70 (2) Solid waste management. The county board of any county may establish and operate a solid waste management system or participate in such system jointly with other counties, cities, villages or towns or municipalities. Except in counties having a population of 500,000 or more, the county board or boards of supervisors of any a county or the boards of a combination of counties establishing a solid waste management system may create a solid waste management board to operate the system and such board, in any a county that does not combine with another county, shall be composed of not less than 9 nor more than 15 persons of recognized ability and demonstrated interest in the problems of solid waste management, but not more than 5 of the board members may be appointed from the county board of supervisors. In any combination of counties, the solid waste management board shall be composed of 11 members with 3 additional members for each combining county in excess of 2. Appointments shall be made by the county boards of supervisors of the combining counties in a manner acceptable to the combining counties, but each of the combining counties may appoint to the solid waste management board not more than 3 members from its county board of supervisors. The term of office of any member of the solid waste management board shall be 3 years, but of the members first appointed, at least one-third shall be appointed for one year; at least one-third for 2 years; and the remainder for 3 years. Vacancies shall be filled for the residue of the unexpired term in the manner that original appointments are made. Any solid waste management board member may be removed from office by a two-thirds vote of the appointing authority. The solid waste management board may employ a manager for the system. The manager shall be trained and experienced in solid waste management. For the purpose of operating the solid waste management system, the solid waste management board may exercise the following powers:

(a) Develop plans a plan for a solid waste management system.

(b) Within such county or joint county, collect, transport, dispose of, destroy or transform wastes, including, without restriction limitation because of enumeration, garbage, ashes, or incinerator residue, municipal, domestic, agricultural, industrial and commercial rubbish, waste or refuse material, including explosives, pathological wastes, chemical wastes, herbicide and pesticide wastes.

(c) Acquire lands within the county by purchase, lease, donation or eminent domain, within the county, for use in the solid waste management system.

(d) Authorize employes or agents to enter upon lands to conduct reasonable and necessary investigations and tests to determine the suitability of sites for solid waste management activities whenever permission is obtained from the property owner.

(e) Acquire by purchase, lease, donation or eminent domain such easements or other limited interests in lands as that are desired or needed to assure compatible land uses in the environs of any site that is part of the solid waste disposal system.

(f) Establish operations and methods of waste management as that are deemed considered appropriate. Waste burial operations shall be in accordance with sanitary landfill methods and the sites shall, insofar as practicable, be restored and made suitable for attractive recreational or productive use upon completion of waste disposal operations.

(g) Acquire the necessary equipment, use such equipment and facilities of the county highway agency, and construct, equip and operate incinerators or other structures to be used in the solid waste management system.

(h) Adopt Enact and enforce ordinances necessary for the conduct of the solid waste management system and provide forfeitures for violations.

(i) Contract with private collectors or, transporters or municipalities to receive and dispose of wastes.

(j) Engage in, sponsor or cosponsor research and demonstration projects that are intended to improve the techniques of solid waste management or to increase the extent of reuse or recycling of materials and resources included within the wastes.

(k) Accept funds that are derived from state or federal grant or assistance programs and enter into necessary contracts or agreements.

(L) Appropriate funds and levy taxes to provide funds for acquisition or lease of sites, easements, necessary facilities and equipment and for all other costs required for the solid waste management system except that no town, city or village municipality which operates its own solid waste management program under s. 159.09 (2) (a) or waste collection and disposal facility, or property therein, shall be subject to any tax levied hereunder to cover the capital and operating costs of these functions. Such appropriations may be treated as a revolving capital fund to be reimbursed from proceeds of the system.

(m) Make payments to any municipality in which county disposal sites or facilities are located to cover the reasonable costs of services that are rendered to such sites or facilities.

(n) Charge or assess reasonable fees, approximately commensurate with the costs of services rendered to persons using the services of the county solid waste management system. Fees The fees may include a reasonable charge for depreciation which shall create a reserve for future capital outlays for waste disposal facilities or equipment. All assessments for liquid waste shall be assessed by volume.

(o) Districts may be created and Create service districts which provide different types of solid waste collection or disposal services provided within them and different. Different regulations and cost allocations may be applied to each service district. Costs allocated to such service districts may be provided by general tax upon the property of the respective districts or by allocation of charges to the cities, villages or towns municipalities whose territory is included within such districts.

(p) Utilize or dispose of by sale or otherwise any and all products or by-products of the solid waste management system.

(q) Impose fees, in addition to the fees imposed under ch. 144, upon persons who dispose of solid waste at publicly owned solid waste disposal sites in the county for the purpose of cleaning up closed or abandoned solid waste disposal sites within the county, subject to all of the following conditions:

1. The fees are based on the amount of solid waste that is disposed of by each person.

2. The fees may not exceed 20% of the amount that is charged for the disposal of the solid waste.

3. The effective date of the fees and any increase in the fees is January 1 and such effective date is at least 120 days after the date on which the board adopts the fee increase.

4. The cleanup of the site is conducted under the supervision of the department of natural resources.

5. The county board of supervisors may prevent the implementation of, or may terminate, fees imposed by the solid waste management board.

201,217 Section 217 . 59.07 (136) of the statutes is renumbered 59.53 (13) and amended to read:

59.53 (13) Subsidy of abortions restricted. No county, or agency or subdivision of the county , may authorize funds for or pay to a physician or surgeon or a hospital, clinic or other medical facility for the performance of an abortion except those permitted under and which are performed in accordance with s. 20.927.

201,218 Section 218 . 59.07 (137) of the statutes is renumbered 59.70 (7) and amended to read:

59.70 (7) Soil conservation. May The board may contract to do soil conservation work on privately owned land either directly or through a committee designated by it.