1995 Wisconsin Act 201

(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.

201,219 Section 219 . 59.07 (137m) of the statutes, as created by 1995 Wisconsin Act 130, is renumbered 59.70 (8m) and amended to read:

59.70 (8m) Harbor improvement. Establish The board may establish, own, operate, lease, equip and improve harbor facilities on land owned by the county that is located in this state or in another state, subject to the laws of the state in which the land is located, and may appropriate money for the activities specified in this subsection.

201,220 Section 220 . 59.07 (139) of the statutes is renumbered 59.70 (9) and amended to read:

59.70 (9) Improvement of artificial lakes. Appropriate The board may appropriate money for the purpose of maintaining, dredging and improving any artificial lake existing on July 1, 1955, all or a portion of which is adjacent to or within a county park, and for the acquisition of land required in connection therewith.

201,221 Section 221 . 59.07 (140) of the statutes is renumbered 59.70 (8) and amended to read:

59.70 (8) Inland lake protection and rehabilitation. May The board may establish an inland lake protection and rehabilitation program and may create, develop and implement inland lake protection and rehabilitation projects similar to projects which an inland lake protection and rehabilitation district is authorized to create, develop and implement under ch. 33. As used in In this subsection, “lake rehabilitation", “program", “ project" and “lake" have the meanings specified under s. 33.01 (4), (6), (7) and (8), respectively.

201,222 Section 222 . 59.07 (141) of the statutes is renumbered 59.54 (12) and amended to read:

59.54 (12) County-tribal law enforcement programs. Pursuant to adoption of a resolution, a county board may enter into an agreement and seek funding under s. 165.90.

201,223 Section 223 . 59.07 (143) (title) of the statutes is renumbered 59.79 (7) (title) and amended to read:

59.79 (7) (title) Milwaukee lakefront Lakefront parking facility.

201,224 Section 224 . 59.07 (143) (intro.) of the statutes is repealed.

201,225 Section 225 . 59.07 (143) (a) and (b) of the statutes are renumbered 59.79 (7) (a) and (b) and amended to read:

59.79 (7) (a) Contract with the state to utilize use and pay reasonable charges for the utilization use of all or a portion of the parking facility authorized under s. 13.485 and to guaranty all or a portion of the debt service for revenue obligations issued under s. 13.485 as compensation for benefits to be derived by the county and the public from the facility funded by the issuance.

(b) Take any action that is necessary to facilitate contracting with the state under par. (a), including the levying of any direct annual tax for that purpose.

201,226 Section 226 . 59.07 (144) of the statutes is renumbered 59.54 (11) and amended to read:

59.54 (11) Safety at sporting events. Enact The board may enact and enforce an ordinance to prohibit conduct which is the same as conduct prohibited by s. 167.32 and provide a forfeiture for a violation of the ordinance.

201,227 Section 227 . 59.07 (145) of the statutes is renumbered 59.54 (10) and amended to read:

59.54 (10) Neighborhood watch sign approval. Approve The board may approve the placement, by a town board, of a neighborhood watch sign under s. 60.23 (17m) within the right-of-way of a county trunk highway.

201,228 Section 228 . 59.07 (146) of the statutes is renumbered 59.54 (8), and 59.54 (8) (a) 1. to 4. and (b) 1. and 2., as renumbered, are amended to read:

59.54 (8) (a) 1. Create a local emergency planning committee, with members as specified in 42 USC 11001 (c), which shall have the powers and the duties established for such committees under 42 USC 11000 to 11050 and under ss. 166.20 and 166.21.

2. Control all expenditures by any the committee that is created under this paragraph.

3. Within the availability of state funds, take all actions that are necessary to ensure that the committee created under this paragraph properly executes the duties of a local emergency planning committee under 42 USC 11000 to 11050 and under ss. 166.20 and 166.21.

4. At least annually, submit to the state emergency response board a list of the members of the local emergency planning committee appointed by the county board under this paragraph, including the agency, organization or profession that each member represents.

(b) 1. Appropriate funds for the operation of the committee that is created under par. (a).

2. Implement programs and undertake activities which are designed to prepare the county to cope with emergencies involving the accidental release of hazardous substances and which are consistent with, but in addition to, the minimum requirements of s. 166.20 and 42 USC 11000 to 11050.

201,229 Section 229 . 59.07 (147) of the statutes is renumbered 59.53 (7) and amended to read:

59.53 (7) Integrated service program for children with severe disabilities. Establish The board may establish a program of integrated services for children with severe disabilities under s. 46.56.

201,230 Section 230 . 59.07 (149) of the statutes is renumbered 59.82, and 59.82 (1), (2) (intro.) and (d), (3) and (4), as renumbered, are amended to read:

59.82 (1) Counties having with a population of 500,000 or more may participate in the development of a research and technology park under par. (b) sub. (2) if all of the following apply:

(a) A nonstock, nonprofit corporation is organized under ch. 181 for the sole purpose of developing a research and technology park under sub. (2).

(b) The research and technology park is located on land designated by the county board for that purpose and owned by the county.

(c) The county board determines that participation is for a public purpose and that participation will benefit the Milwaukee regional medical center, Milwaukee county and this state.

(2) (intro.) A county may participate with the nonstock, nonprofit corporation under par. (a) 1. sub. (1) (a) in the development of a research and technology park by doing any of the following on terms approved by the county board:

(d) Entering into contracts or exercising any other authority that is necessary for the development of a research and technology park.

(3) Officers, officials and employes of the county may be members of the board of directors of the nonstock, nonprofit corporation under par. (a) 1. sub. (1) (a) but may not receive compensation for serving as a member of the board.

(4) The nonstock, nonprofit corporation under par. (a) 1. sub. (1) (a) shall give a 45-day written notice to a municipality that is located in the county whenever the nonprofit corporation intends to enter into a transaction that entails moving a research or technology business or facility from the municipality to the research and technology park.

201,231 Section 231 . 59.07 (150) of the statutes is renumbered 59.58 (5) and amended to read:

59.58 (5) Specialized transportation services. Coordinate The board may coordinate specialized transportation services, as defined in s. 85.21 (2) (g), for county residents who are disabled or are aged 60 or older, including services funded under 42 USC 3001 to 3057n, 42 USC 5001 and 42 USC 5011 (b), under ss. 49.43 to 49.499 and 85.21 and under other public funds administered by the county.

201,232 Section 232 . 59.07 (151) (title) of the statutes is repealed.

201,233 Section 233 . 59.07 (151) of the statutes is renumbered 59.11 (5) and amended to read:

59.11 (5) Appropriate The board may appropriate funds to broadcast by radio or television, or to tape and rebroadcast, any meeting of the board held under s. 59.04 this section.

201,234 Section 234 . 59.07 (152) of the statutes is renumbered 59.53 (20) and amended to read:

59.53 (20) Work centers. Operate The board may operate a work center licensed under s. 104.07 to provide employment for severely handicapped individuals.

201,235 Section 235 . 59.07 (153) (title) of the statutes is renumbered 59.79 (10) (title).

201,236 Section 236 . 59.07 (153) (a) and (b) of the statutes, as affected by 1995 Wisconsin Act 27, are consolidated, renumbered 59.79 (10) and amended to read:

59.79 (10) In counties having a population of 500,000 or more, determine Determine policy for the operation, maintenance and improvement of the county hospital under s. 49.71 (2) and, notwithstanding the powers and duties specified under s. 46.21 (2) (k), (3r) and (6) with respect to the county hospital and the administrator and specified under s. 46.21 (2) (b), (L), (m), (n), (nm), (o), (p) and (q) and (3g), provide for the management of the county hospital as the board considers appropriate, except that the employe positions at the hospital will be county employe positions. If the board acts under this subsection, the board may not discontinue operation, maintenance and improvement of the county hospital under s. 49.71 (2) and shall exercise the duties under s. 46.21 (4m). (b) This subsection does not apply if the board acts under s. 46.21 with respect to the county hospital under s. 49.71 (2).

201,237 Section 237 . 59.07 (154) of the statutes, as affected by 1995 Wisconsin Act 58, is renumbered 59.53 (21) and amended to read:

59.53 (21) Operation of relief programs. Operate The board may operate a program of relief for a specific class or classes of persons residing in that county. The county may set such eligibility criteria to obtain relief, and may provide such services, commodities or money as relief, as the county determines to be reasonable and necessary under the circumstances. The program may include work components. The county may enact any ordinances necessary or useful to the operation of a relief program under this subsection. Counties may use vehicle registration information from the department of transportation in determining eligibility for relief programs under this subsection.

201,238 Section 238 . 59.07 (155) of the statutes, as created by 1995 Wisconsin Act 27, is renumbered 59.52 (28) and amended to read:

59.52 (28) Collection of court imposed penalties. Adopt The board may adopt a resolution authorizing the clerk of circuit court, under s. 59.396 59.40 (4), to contract with a collection agency for the collection of unpaid fines and forfeitures.

201,239 Section 239 . 59.071 of the statutes is renumbered 59.57 (2) and amended to read:

59.57 (2) Industrial development agencies. (a) Short title. This section subsection shall be known and may be cited as the “Industrial Development Law".

(b) Findings. It is found and declared that industries located in this state have been induced to move their operations in whole or in part to, or to expand their operations in, other states to the detriment of state, county and municipal revenue arising through the loss or reduction of income and franchise taxes, real estate and other local taxes, and thereby causing an increase in unemployment; that such conditions now exist in certain areas of the state and may well arise in other areas; that economic insecurity due to unemployment is a serious menace to the general welfare of not only the people of the affected areas but of the people of the entire state; that such unemployment results in obligations to grant public assistance and in the payment of unemployment compensation; that the absence of new economic opportunities has caused workers and their families to migrate elsewhere to find work and establish homes, which has resulted in a reduction of the tax base of counties, cities and other local governmental jurisdictions impairing their financial ability to support education and other local governmental services; that security against unemployment and the preservation and enhancement of the tax base can best be provided by the promotion, attraction, stimulation, rehabilitation and revitalization of commerce, industry and manufacturing; that there is a need to stimulate a larger flow of private investment funds from banks, investment houses, insurers and other financial institutions; that means are necessary under which counties so desiring may create instrumentalities to promote industrial development and such purpose requires and deserves support from counties as a means of preserving the tax base and preventing unemployment. It is therefore declared to be the policy of this state to promote the right to gainful employment, business opportunities and general welfare of the inhabitants thereof and to preserve and enhance the tax base in counties and municipalities by the creation of bodies, corporate and politic, which shall exist and operate for the purpose of fulfilling the aims of this section subsection and such purposes are hereby declared to be public purposes for which public money may be spent and the necessity in the public interest for the provisions herein enacted is declared a matter of legislative determination.

(c) Definitions. As used in this section In this subsection, unless the context clearly indicates otherwise:

1. “Federal agency" includes the United States, the president of the United States and any department of or corporation, agency or instrumentality heretofore or hereafter that is created, designated or established by the United States.

2. “Industrial development agency" or “agency" is means a public body corporate and politic created under this section subsection, which agency shall have the characteristics and powers described in this section subsection;

3. “Industrial development project" is means any site, structure, facility or undertaking comprising or being connected with or being a part of an industrial or manufacturing enterprise established or to be established by an industrial development agency;

(d) Formation of industrial development agencies. 1. Any county upon a finding by the county board that there is a need therefor may cause to be formed an agency. Except as provided under s. 59.07 (149) 59.82, the agency shall be the sole agency and instrumentality of the county for the purposes stated in this section subsection.

2. Any adjoining counties upon a finding by their county boards that there is need therefor may jointly cause to be formed an agency which shall be the sole agency and instrumentality of the counties for the purposes stated in this section subsection.

3. The county board may appropriate such sums of money as are necessary or advisable for the benefit of the agency and prescribe the terms and conditions of such appropriation.

4. The agency shall be a separate and distinct public instrumentality and body corporate and politic exercising public powers determined to be necessary by the state for the purposes set forth in sub. (2) par. (b). The agency shall have no power at any time to pledge the credit or taxing power of the state, any county, or any municipality or political subdivision, but all of its obligations shall be deemed considered to be obligations solely of the agency.

(e) Organization of industrial development agencies. Such agencies shall have the following authority and shall be subject to the following restrictions All of the following apply to an agency:

1. Proposed articles of incorporation and proposed bylaws shall be made available for inspection by any municipality within the county for a period of at least 30 days and shall thereafter then be submitted to the county board for approval.

2. The articles of incorporation shall be signed and acknowledged by persons designated by the county board or where counties join in the formation of the agency by the county boards of those counties and shall include at least 3 of the following from each county: the county executive, if there is one; the chairperson of the county board; the chairperson of the county board finance committee, if there is one; the county corporation counsel and the county auditor or county treasurer in counties having no county auditor, and only those persons so signing and acknowledging the articles of incorporation shall for the purposes of ch. 181 be the incorporators of the agency. When counties join in the formation of the agency, the articles of incorporation shall be recorded in the office of the register of deeds of each county.

3. The provisions of ch. 181, except such as are inconsistent with this section subsection and except as otherwise specifically provided in this section subsection, shall be applicable to such agency. The articles of incorporation shall specifically state that the agency is a public instrumentality created under the industrial development law and organized in accordance with the requirements of ch. 181 and that the agency shall be subject to ch. 181 to the extent that said chapter is not inconsistent with this section subsection.

4. The articles of incorporation shall provide for 2 classes of members who shall be designated as county members and public members and shall fix the number of each class, but the county members, at all times, shall constitute not less than a majority of the total authorized members. All members of each class shall be designated by the county board and shall hold office at the pleasure of the county board, except that in counties having a county executive, the members shall be designated by the county executive subject to confirmation by the county board. The agency shall be subject to dissolution and its corporate authority terminated upon resolution adopted by a majority of the county board, or of the county boards of each county where counties join in the formation of the agency whereupon the members shall proceed forthwith immediately to dissolve the agency, wind up its affairs and distribute its remaining assets as provided in this section subsection.

5. The articles of incorporation shall provide for 2 classes of directors, each class to consist of such number as is provided in the bylaws. The county executive, if there is one, the chairperson of the county board, the chairperson of the county board finance committee, if there is one, the county corporation counsel and the county auditor or county treasurer in counties having no county auditor, shall be members of the board of directors by virtue of their office and as representatives of the county in which they hold the office and the county board of each county shall have the right to designate such additional county directors as the bylaws authorize. The county directors shall at all times constitute not less than a majority of the total authorized number of directors. Public directors shall be appointed by the county board and shall hold office at the pleasure of the county board.

6. The corporate income of the agency shall not inure to any private person. Upon the dissolution of the agency all net assets after payment or provision for the payment of all debts and obligations shall be paid over to the county in which it the agency is located or if counties have joined in the formation of the agency then to such counties in such shares as is provided in the articles of incorporation.

(f) Operating authority of industrial development agencies. The agency is granted all operating authority necessary or incidental to the carrying out and effectuating the purposes of this section subsection including, without limitation because of enumeration, the following:

1. To grant financial aid and assistance to any industrial development project, which aid and assistance may take the form of be loans either secured or unsecured, contracts of sale and purchase, leases and such other transactions as are determined by the agency.

2. Within the boundaries of the county or the counties joining in the formation of the agency to acquire by purchase, lease or otherwise any real or personal property or any interest therein or mortgage or other lien thereon; to hold, improve, clear and redevelop any such property; to sell, assign, lease, subdivide and make such the property available for industrial use and to mortgage or otherwise encumber the same property.

3. To borrow money and to execute notes, bonds, debentures and other forms of indebtedness; to apply for and accept advances, loans, grants and contributions and other forms of financial assistance from the federal, state or county government and from municipalities and other public bodies and from industrial and other sources; to give such security as is required by way of mortgage, lien, pledge or other encumbrance, but any obligations for the payment of money shall be issued by the agency only after approval in such manner as is determined by the county board or boards where counties have joined in the formation of the agency and is prescribed in the articles of incorporation or bylaws of the agency.

4. To loan money for such period of time and at such an interest rate as that is determined by the agency and to be secured by mortgage, pledge or other lien or encumbrance on the industrial development project for which the loan was made or in other appropriate manner, which mortgage or other lien may be subordinate to a mortgage or other lien securing the obligations representing funds secured from independent sources which are used in the financing of the industrial development project and which mortgage or other lien and the indebtedness secured thereby may be sold, assigned, pledged or hypothecated.

5. To enter into any contracts deemed to be considered necessary or helpful and in general have and exercise all such other and further authority as is required or necessary in order to effectuate the purposes of this section subsection.

(g) Examination and audit. The accounts and books of the agency, including its receipts, disbursements, contracts, mortgages, investments and other matters relating to its finances, operation and affairs shall be examined and audited annually by the county auditor or by an independent certified public accountant designated by the county board or boards where counties have joined in the formation of the agency.

(h) Limitation of powers. 1. An industrial development agency shall not enter into any transaction which entails moving an industrial plant or facility from a municipality within the county to another location outside such the municipality if the common council or the village board of the municipality where such the plant or facility is then situated, within 45 days after receipt of written notice from the agency that it proposes to enter into such transaction, objects thereto by resolution adopted by a two-thirds vote of its council or board and approved by its mayor or president.

2. The state does hereby pledge pledges to and agree agrees with the United States and any other federal agency that if any federal agency constructs, loans or contributes any funds for the construction, extension, improvement or enlargement of any industrial development project, or any portion thereof, the state will not alter or limit the rights and powers of the agency in any manner which would be inconsistent with the due performance of any agreements between the agency and any such federal agency, and the agency shall continue to have and may exercise all powers herein granted in this subsection, so long as the same is powers are necessary or desirable for the carrying out of the purposes of this section subsection.

(i) Construction. This section subsection shall be construed liberally to effectuate the purposes hereof and the enumeration therein of specific powers shall not operate to restrict the meaning of any general grant of power contained in this section subsection or to exclude other powers comprehended in such general grant.

201,240 Section 240 . 59.073 of the statutes is renumbered 59.55 (1), and 59.55 (1) (a), (b) (intro.) and (c), as renumbered, are amended to read: