1995 Wisconsin Act 201

84.09 (3) (d) Section 59.07 (1) 59.52 (6) (c) shall not apply to any conveyance or transfer made under this section.

201,550 Section 550 . 84.09 (4) of the statutes is amended to read:

84.09 (4) The cost of the lands and interests acquired and damages allowed pursuant to this section, expenses incidental thereto and the customary per diem (or if on an annual salary, a per diem not to exceed the lawful rate permitted for members of county boards) and expenses of the county highway committee incurred in performing duties pursuant to this section shall be paid out of the available improvement or maintenance funds, and members of the highway committee on an annual salary basis shall be entitled to such per diem as compensation for their services in addition to their annual salary fixed pursuant to s. 59.03 59.10 (3) (i).

201,551 Section 551 . 84.09 (7) of the statutes is amended to read:

84.09 (7) When transportation funds or federal aid are involved in financing an expressway project under s. 59.965 59.83, the department, proceeding under the general authority in this section, may order that all or certain parts of the required land or interests therein shall be acquired by the county board or its designated standing committee. When so ordered, the county board or its designated standing committee and the department shall appraise and agree on the maximum price, including all damages recoverable in condemnation proceedings, considered reasonable for the lands or interests to be so acquired. The county board or its designated standing committee shall endeavor to obtain easements or title in fee simple by conveyance of the lands or interests required, to the county or the state as grantee, all as directed in the department's order. The instrument of conveyance shall be subject to approval by the department, and shall be recorded in the office of the register of deeds and filed with the department. If the needed lands or interests therein cannot be purchased expeditiously within the agreed appraised price, the county board or its designated standing committee may acquire them by condemnation under ch. 32, but any award by the county board or its designated standing committee in excess of the agreed appraisal price shall be subject to review by the department. For the purposes and in the manner provided in s. 59.965 59.83 (2) (d) 1., when so directed in the department's order, the county board or its designated standing committee may acquire remnants, and with the approval of the department the county board may dispose of remnants and may improve, use, maintain or lease lands and interests acquired and held in trust for the state until they are actually needed for expressway construction. The net proceeds of the sales or rentals shall be remitted to the state or retained and used for expressway purposes when so directed by the department.

201,552 Section 552 . 84.31 (9) of the statutes is amended to read:

84.31 (9) Other laws. Nothing in this section shall be construed to abrogate or affect any law or ordinance which is more restrictive than this section. The provisions of this section are in addition to and do not supersede the requirements under ss. 59.07 (38) 59.55 (5), 144.435 to 144.44, 175.25 and 218.205 to 218.23, or rules or ordinances adopted thereunder which apply to junkyards. Provisions of this section apply to any junkyard licensed or permitted by a local unit of government or another state agency.

201,553 Section 553 . 85.06 (1) (b) of the statutes is amended to read:

85.06 (1) (b) “Local governmental unit" has the meaning given in s. 59.88 59.72 (1) (c).

201,554 Section 554 . 85.08 (2) (i) of the statutes is amended to read:

85.08 (2) (i) To make and execute contracts with the federal government, any other state or any county, city, village, town, railroad, or any transit commission organized under s. 59.968 59.58 (3), 66.30 or 66.943, to ensure the continuance and improvement of quality transportation service at reasonable rates or to provide for rail service on rail property owned by the state.

201,555 Section 555 . 85.08 (4m) (b) 1. of the statutes is amended to read:

85.08 (4m) (b) 1. “Eligible applicant" means a county, municipality or town or agency thereof, a railroad, a current or potential user of freight rail service or a transit commission organized under s. 59.968 59.58 (3), 66.30 or 66.943.

201,556 Section 556 . 85.14 (2) of the statutes is amended to read:

85.14 (2) 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. 345.26 (3) (a) by state traffic patrol officers and state motor vehicle inspectors, and the state treasurer shall pay the charges from moneys 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).

201,557 Section 557 . 85.20 (3) (b) 4. of the statutes is amended to read:

85.20 (3) (b) 4. The eligible applicant complies with any applicable provisions of ss. 59.967 (10) (b), (11) (b) and (12), 59.968 (7m) (b) and (9) 59.58 (2) (j) 2., (k) 2. and (L) and (3) (h) 2. and (j), 66.94 (30m) and 66.943 (10) (b), (11) (b) and (12) with respect to limitation on service.

201,558 Section 558 . 87.30 (2) of the statutes is amended to read:

87.30 (2) Enforcement and penalties. Every structure, building, fill, or development placed or maintained within any floodplain in violation of a zoning ordinance adopted under this section, or s. 59.97 59.69, 61.35 or 62.23 is a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of any municipality, the state or any citizen thereof. Any person who places or maintains any structure, building, fill or development within any floodplain in violation of a zoning ordinance adopted under this section, or s. 59.97 59.69, 61.35 or 62.23 may be fined not more than $50 for each offense. Each day during which such violation exists is a separate offense.

201,559 Section 559 . 88.17 (2h) (a) of the statutes is amended to read:

88.17 (2h) (a) The committee on agriculture and extension education created under s. 59.87 (2) 59.56 (3) (b), which shall recommend at least 3 persons for each position to be filled.

201,560 Section 560 . 91.51 of the statutes is amended to read:

91.51 Purpose. The purpose of this subchapter is to specify standards for county agricultural preservation plans required to enable farmland owners to enter into farmland preservation agreements under this chapter. Agricultural preservation planning shall be undertaken in accordance with s. 59.97 59.69 and agricultural preservation plans shall be a component of and consistent with any county development plan prepared under s. 59.97 59.69 (3).

201,561 Section 561 . 91.59 (2) of the statutes is amended to read:

91.59 (2) At least 60 days prior to the public hearing under s. 59.97 59.69 (3) (d), copies of the agricultural preservation plan shall be submitted for review and comment to all cities, villages and towns within the county, all adjoining counties and the regional planning commission to which the county belongs.

201,562 Section 562 . 91.73 (1) of the statutes is amended to read:

91.73 (1) Except as otherwise provided, exclusive agricultural zoning ordinances shall be adopted and administered in accordance with ss. 59.97 to 59.99 59.69, 59.692, 59.693, 59.694 and 59.695, 61.35 or 62.23 or subch. VIII of ch. 60. No such ordinance may be rescinded from May 17, 1988, to June 30, 1991, in any county with a population density of 100 or more persons per square mile.

201,563 Section 563 . 91.73 (3) of the statutes is amended to read:

91.73 (3) A majority of towns in a county with a population density of 100 or more persons per square mile may reject adoption of a county exclusive agricultural use zoning ordinance under this subchapter for all towns within the county only by filing within 6 months after adoption of the ordinance by the county board certified copies of resolutions disapproving the ordinance with the county clerk. Notwithstanding s. 59.97 59.69 (5) (c), the procedure established in this subsection shall be the only procedure by which a town in such a county may reject the application of a county exclusive agricultural use zoning ordinance in that town.

201,564 Section 564 . 91.73 (4) of the statutes is amended to read:

91.73 (4) Amendments to the texts of existing county zoning ordinances to bring the ordinances into compliance with this chapter, which are adopted by the county board, shall be effective in any town which does not file a certified copy of a resolution disapproving of the amendment pursuant to s. 59.97 59.69 (5) (e) 3. or 6. In those towns which disapprove of the amendment the former agricultural zoning remains in effect and shall be so designated on the official zoning map.

201,565 Section 565 . 91.75 (2) (c) of the statutes is amended to read:

91.75 (2) (c) Preexisting residences located in areas subject to zoning under this section that do not conform to par. (b), but that were either permitted or continued residential uses under s. 91.75, 1989 stats., may be continued in residential use and may be exempted from any limitations imposed or authorized under s. 59.97 59.69 (10).

201,566 Section 566 . 91.75 (9) (a) 2. of the statutes is amended to read:

91.75 (9) (a) 2. If no nonmetallic mining reclamation ordinance applies to a proposed nonmetallic mining site, a reclamation plan that is approved by a county planning and zoning agency or commission created under s. 59.97 59.69 (2) or a county land conservation committee created under s. 92.06, whichever is authorized to give the approval under the exclusive agricultural zoning ordinance.

201,567 Section 567 . 92.06 (1) (b) 1. of the statutes is amended to read:

92.06 (1) (b) 1. The county board shall appoint to the land conservation committee at least 2 persons who are members of the committee on agriculture and extension education created under s. 59.87 (2) 59.56 (3) (b).

201,568 Section 568 . 92.07 (5) of the statutes is amended to read:

92.07 (5) Educational and other programs. Each land conservation committee may encourage research and educational, informational and public service programs, advise the university of Wisconsin system on educational needs and assist the university of Wisconsin system and the department in implementing educational programs under ss. 36.25 (7), 59.87 59.56 (3) and 92.05.

201,569 Section 569 . 92.07 (15) of the statutes is amended to read:

92.07 (15) Administration and enforcement of ordinances. A land conservation committee may, if authorized by the county board, administer and enforce those provisions of an ordinance enacted under s. 101.65 (1) (a) related to construction site erosion, a zoning ordinance enacted under s. 59.974 59.693 or an ordinance enacted under authority granted under s. 101.1205.

201,570 Section 570 . 95.50 (1) of the statutes is amended to read:

95.50 (1) No person shall deposit or throw or allow to be deposited or thrown into any stream, lake or swale, or leave or deposit or cause to be left or deposited upon any public highway or other place the carcass of any animal; nor deposit or leave or permit to be deposited or left upon any premises under that person's control any dead animal exposed in such manner as to be reached by dogs or wild animals for a longer period than 24 hours in the months of April to November, or 48 hours during the months of December to March. The owner of such a carcass or any other person may report to the proper county officials or the contracting private rendering plant pursuant to s. 59.07 (84) 59.54 (21) for removal and burial or other disposition of a carcass within the time specified in this subsection.

201,571 Section 571 . 95.50 (3) of the statutes is amended to read:

95.50 (3) Any dead animal found upon a public highway or other public place shall, in case the owner of the animal cannot be found, be buried or otherwise disposed of at public expense by the local health department, as defined in s. 250.01 (4) (a) 1. or 3. or (b), in whose jurisdiction the animal is found. This subsection applies if a county does not exercise its authority under s. 59.07 (84) 59.54 (21).

201,572 Section 572 . 95.50 (4) of the statutes is amended to read:

95.50 (4) In a county which does not exercise its authority under s. 59.07 (84) 59.54 (21), the owner of a carcass is obligated to dispose of it as specified in this section.

201,573 Section 573 . 101.123 (1) (bg) of the statutes is amended to read:

101.123 (1) (bg) “Jail" means a county jail, rehabilitation facility established by s. 59.07 (76) 59.53 (8), county house of correction under s. 303.16 or secure detention facility as defined in s. 48.02 (16).

201,574 Section 574. 102.85 (4) (d) of the statutes is amended to read:

102.85 (4) (d) The clerk of the court shall collect and transmit to the county treasurer the uninsured employer 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 uninsured employer assessment, together with any interest thereon, in the uninsured employers fund as provided in s. 102.80 (1).

201,575 Section 575 . 106.21 (1) (g) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

106.21 (1) (g) “Public assistance" means relief provided by counties under s. 59.07 (154) 59.53 (21), aid to families with dependent children under s. 49.19, medical assistance under subch. IV of ch. 49, low-income energy assistance under s. 16.385 and the food stamp program under 7 USC 2011 to 2029.

201,576 Section 576 . 106.215 (1) (fm) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

106.215 (1) (fm) “Public assistance" means relief provided by counties under s. 59.07 (154) 59.53 (21), aid to families with dependent children under s. 49.19, medical assistance under subch. IV of ch. 49, low-income energy assistance under s. 16.385, weatherization assistance under s. 16.39 and the food stamp program under 7 USC 2011 to 2029.

201,577 Section 577 . 110.07 (2m) of the statutes is amended to read:

110.07 (2m) In addition to the primary powers granted by subs. (1) and (2), any officer of the state traffic patrol shall have the powers of a peace officer under s. 59.24 59.28, except that the officer shall have the arrest powers of a law enforcement officer under s. 968.07, regardless of whether the violation is punishable by forfeiture or criminal penalty. A state traffic officer shall at all times be available as a witness for the state but shall not conduct investigations for crimes under chs. 939 to 948.The primary duty of a state traffic officer shall be the enforcement of chs. 340 to 351 or of any other law relating to the use or operation of vehicles upon the highway. No state traffic officer shall be used in or take part in any dispute or controversy between employer or employe concerning wages, hours, labor or working conditions; nor shall any such officer be required to serve civil process. The department may assign state traffic officers to safeguard state officers or other persons.

201,578 Section 578 . 110.07 (4) of the statutes is amended to read:

110.07 (4) In addition to the primary powers granted by sub. (3), any inspector shall have the powers of a peace officer under s. 59.24 59.28, except that the inspector shall have the arrest powers of a law enforcement officer under s. 968.07, regardless of whether the violation is punishable by forfeiture or criminal penalty. An inspector shall at all times be available as a witness for the state but shall not conduct investigations for crimes under chs. 939 to 948. The primary duty of an inspector shall be the enforcement of the provisions specified in sub. (3). No inspector may be used in or take part in any dispute or controversy between employer or employe concerning wages, hours, labor or working conditions; nor may an inspector be required to serve civil process. The department may assign inspectors to safeguard state officers or other persons.

201,579 Section 579 . 114.135 (intro.) of the statutes is amended to read:

114.135 Airport protection. (intro.) It is declared to be in the public interest that the navigable airspace over the state and the aerial approaches to any airport be maintained in a condition best suited for the safe operation of aircraft and to that end the bulk, height, location and use of any building or structure, or any other object, and the use of land, may be regulated, or any building, structure or other object may be removed. It is the legislative intent that this section shall not supersede s. 59.97 59.69 (4), but that it shall be supplemental to such section.

201,580 Section 580 . 115.86 (5) (c) of the statutes is amended to read:

115.86 (5) (c) 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 county handicapped children's education board shall 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.

201,581 Section 581 . 115.86 (9) (c) of the statutes is amended to read:

115.86 (9) (c) Upon the adoption of a resolution by a majority of the school boards that are located in whole or in part in the county and are participating in the county program under sub. (2) (c), this subsection shall not apply commencing on the effective date of the resolution. A resolution adopted under this paragraph between January 1 and June 30 in any year shall be effective on January 1 of the year commencing after its adoption. A resolution adopted under this paragraph between July 1 and December 31 in any year shall be effective on January 1 of the 2nd year commencing after its adoption. In the year in which the resolution is effective, the county budget under s. 59.84 59.60 or 65.90 shall include a line item for the special education program.

201,582 Section 582 . 116.03 (13m) of the statutes is amended to read:

116.03 (13m) If the county board of supervisors establishes an integrated service program for children with severe disabilities under s. 59.07 (147) 59.53 (7), 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.

201,583 Section 583 . 118.162 (1) (intro.) of the statutes is amended to read:

118.162 (1) (intro.) On July 1, 1988, in each county, the superintendent of the school district which contains the county seat designated under s. 59.11 59.05, or his or her designee, shall convene a committee under this section. At its first meeting, the committee shall elect a chairperson, vice chairperson and secretary. Not later than February 1, 1989, the committee shall make recommendations to the school boards of all of the school districts in the county on the items to be included in the districts' truancy plans under sub. (4). The committee shall consist of the following members:

201,584 Section 584 . 120.12 (19) of the statutes is amended to read:

120.12 (19) Integrated service program. If the county board of supervisors establishes an integrated service program for children with severe disabilities under s. 59.07 (147) 59.53 (7), 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.

201,585 Section 585 . 132.04 (3) of the statutes is amended to read:

132.04 (3) The secretary of state shall receive a fee of $15 and the register of deeds shall receive the fee specified in s. 59.57 (1) or (6a) 59.43 (2) (ag) or (e) for each statement and certificate of publication filed or recorded and shall also receive the fee specified in s. 59.57 (4) 59.43 (2) (b) for each certified copy of such statement and certificate of publication, to be paid for by the person filing, recording or applying for the same.

201,586 Section 586 . 133.03 (4) of the statutes is amended to read:

133.03 (4) This section does not apply to ambulance service contracted for under ss. 59.07 (41) 59.54 (1), 60.565, 61.64 and 62.133.

201,587 Section 587 . 134.17 (4) of the statutes is amended to read:

134.17 (4) For each recording, the register of deeds shall receive the fee specified for filing under s. 59.57 (1) 59.43 (2) (ag).

201,588 Section 588 . 144.25 (4) (g) 5. of the statutes is amended to read:

144.25 (4) (g) 5. Determine whether any county, city, village or town within the area which is the subject of the plan, as a condition of a grant under this section, should be required to develop a construction site erosion control ordinance under s. 59.974 59.693, 60.627, 61.354 or 62.234 or a manure storage ordinance under s. 92.16 in order to meet the water quality goals established in the plan.

201,589 Section 589 . 144.25 (8m) of the statutes is amended to read:

144.25 (8m) If the department determines under sub. (4) (g) 5. that a county, city, village or town should be required to develop a construction site erosion control ordinance under s. 59.974 59.693, 60.627, 61.354 or 62.234 or a manure storage ordinance under s. 92.16, that county, city, village or town shall make a commitment to develop and adopt the ordinance as a condition of receiving a grant under this section.

201,590 Section 590 . 144.26 (2) (e) of the statutes is amended to read:

144.26 (2) (e) “Regulation" means ordinances enacted under ss. 59.971 59.692, 61.351, 62.23 (7) and 62.231 and refers to subdivision and zoning regulations which include control of uses of lands under, abutting or lying close to navigable waters for the purposes specified in sub. (1), pursuant to any of the zoning and subdivision control powers delegated by law to cities, villages and counties.

201,591 Section 591 . 144.26 (2) (f) of the statutes is amended to read:

144.26 (2) (f) “Shorelands" means the lands specified under par. (e) and s. 59.971 59.692 (1) (b).

201,592 Section 592 . 144.26 (2m) (intro.) of the statutes is amended to read:

144.26 (2m) (intro.) Notwithstanding any other provision of law or administrative rule, a shoreland zoning ordinance required under s. 59.971 59.692, a construction site erosion control and storm water management zoning ordinance authorized under s. 59.974 59.693, 60.627, 61.354 or 62.234 or a wetland zoning ordinance required under s. 61.351 or 62.231 does not apply to lands adjacent to farm drainage ditches if:

201,593 Section 593 . 144.26 (8) of the statutes is amended to read:

144.26 (8) This section and ss. 59.971 59.692, 61.351 and 62.231 shall be construed together to accomplish the purposes and objective of this section.