SB639: Bill Text

SB639, s. 129 Section 129. 59.07 (18) (d) of the statutes is renumbered 59.56 (12m) and amended to read:

SB639,70,23 59.56 (12m) (title) Limits on regulation. Ordinances enacted by a board under par. sub. (12) (b), (br) or (c) shall not apply to any city or village, or to any town that has adopted a similar regulation under s. 60.23 (10).

SB639, s. 130 Section 130. 59.07 (18m) of the statutes is renumbered 59.55 (3) and amended to read:

SB639,71,6 59.55 (3) Truckers, hawkers and peddlers licensing. Except in counties having a population of 500,000 or more, to the board may enact ordinances providing for the licensing of truckers, hawkers and peddlers, other than licensees under s. 440.51, and provide for the enforcement of the ordinances. The ordinances shall not provide for licensing of fuel vendors or those engaged in the delivery of petroleum products or farmers or truck gardeners who sell farm products grown by themselves.

SB639, s. 131 Section 131. 59.07 (18r) of the statutes is renumbered 59.55 (4) and amended to read:

SB639,71,12 59.55 (4) Transient merchants. Counties may, by ordinance, regulate the retail sales, other than auction sales, made by transient merchants, as defined in s. 130.065 (1m), 1987 stats., in the towns in the county and provide penalties forfeitures for violations of those ordinances.

SB639, s. 132 Section 132. 59.07 (19) of the statutes is renumbered 59.56 (13) and amended to read:

SB639,71,22 59.56 (13) Celebrations and conventions. Appropriate The board may appropriate money to defray the expense of national air shows or similar aeronautics activities held in the county, of municipal commemorative or patriotic celebrations or observance, of state or national conventions of war veterans, of national conventions of fraternal associations, of group entertainment for children on Halloween by county or municipal agencies within the county or of state or national conventions of county officers or employes or associations thereof or of bringing any of such conventions to the county.

SB639, s. 133 Section 133. 59.07 (19m) of the statutes is renumbered 59.70 (21) and amended to read:

SB639,72,3 59.70 (21) Conservation congress. Appropriate The board may appropriate money to defray the expenses of county delegates to the annual convention and other activities of the Wisconsin conservation congress.

SB639, s. 134 Section 134. 59.07 (20) of the statutes is renumbered 59.52 (8), and 59.52 (8) (a), (b) (intro.) and 1. and (c), as renumbered, are amended to read:

SB639,72,16 59.52 (8) (a) Establish The board may establish a civil service system of selection, tenure and status, and the system may be made applicable to all county personnel, except the members of the board, constitutional officers and members of boards and commissions. The system may also include uniform provisions in respect to classification of positions and salary ranges, payroll certification, attendance, vacations, sick leave, competitive examinations, hours of work, tours of duty or assignments according to earned seniority, employe grievance procedure, disciplinary actions, layoffs and separations for just cause, as described in par. (b), subject to approval of a civil service commission or the board. The board may request the assistance of the department of administration and pay for such services, under s. 16.58.

SB639,72,23 (b) (intro.) A law enforcement employe of the county may not be suspended, demoted, dismissed or suspended and demoted by the civil service commission or by the board, based either on its own investigation or on charges filed by the sheriff, unless the commission or board determines whether there is just cause, as described in this paragraph, to sustain the charges. In making its determination, the commission or the board shall apply the following standards, to the extent applicable:

SB639,72,25 1. Whether the employe could reasonably be expected to have had knowledge of the probable consequences of the his or her alleged conduct.

SB639,73,22 (c) If a law enforcement employe of the county is dismissed, demoted, suspended or suspended and demoted by the civil service commission or the board under the system established under par. (a), the person dismissed, demoted, suspended or suspended and demoted may appeal from the order of the civil service commission or the board to the circuit court by serving written notice of the appeal on the secretary of the commission or the board within 10 days after the order is filed. Within 5 days after receiving written notice of the appeal, the commission or the board shall certify to the clerk of the circuit court the record of the proceedings, including all documents, testimony and minutes. The action shall then be at issue and shall have precedence over any other cause of a different nature pending in the court, which shall always be open to the trial thereof. The court shall upon application of the accused or of the board or the commission fix a date of trial which shall not be later than 15 days after such the application except by agreement. The trial shall be by the court and upon the return of the board or the commission, except that the court may require further return or the taking and return of further evidence by the board or the commission. The question to be determined by the court shall be: Upon the evidence is there just cause, as described in par. (b), to sustain the charges against the employee? No cost shall be allowed either party and the clerk's fees shall be paid by the county. If the order of the board or the commission is reversed, the accused shall be forthwith immediately reinstated and entitled to pay as though in continuous service. If the order of the board or the commission is sustained, it shall be final and conclusive.

SB639, s. 135 Section 135. 59.07 (23) of the statutes is renumbered 59.535 (3) and amended to read:

SB639,74,2 59.535 (3) War records. Appropriate The board may appropriate money for the collection, publication or distribution of war records.

SB639, s. 136 Section 136. 59.07 (24) of the statutes is renumbered 59.56 (11) and amended to read:

SB639,74,6 59.56 (11) Fish and game. Establish The board may establish, maintain and operate fish hatcheries and facilities for raising game birds.

SB639, s. 137 Section 137. 59.07 (25) of the statutes is renumbered 59.79 (11) and amended to read:

SB639,74,13 59.79 (11) Baseball. In counties having a population of 500,000 or more own Own and operate a professional baseball team, appropriate money for the purchase of a franchise for such team, and in the discretion of the board organize and maintain a nonprofit corporation for such team ownership and operation or participate with others in the formation and operation of such corporation.

SB639, s. 138 Section 138. 59.07 (26) of the statutes is renumbered 59.56 (9) and amended to read:

SB639,75,5 59.56 (9) Recreation. Create The board may create, promote and conduct and assist in creating, promoting and conducting recreational activities in the county which are conducive to the general health and welfare, and elect persons for such terms and salaries as may be determined, who shall exercise the powers and perform the duties given by the board. The board may provide for what purpose and in what manner moneys appropriated pursuant to under this subsection may be expended. Such persons may be designated "County Recreation Committee". At the annual meeting next after making the appropriation the board shall determine in what which municipalities such activities were held and what which other municipalities received benefits therefrom and determine the amount expended from the appropriation to make the programs or activities or benefits derived therefrom possible in each municipality and levy a tax upon the property of each municipality in accordance with such apportionment to reimburse the county for its expenditures, but no expenditure shall be made nor improvement ordered without the consent of the governing body of the municipality.

SB639, s. 139 Section 139. 59.07 (27) of the statutes is renumbered 59.52 (22) and amended to read:

SB639,75,10 59.52 (22) County boards' association. By a two-thirds vote, the board may purchase membership in an association of county boards for the protection of county interests and the furtherance of better county government.

SB639, s. 140 Section 140. 59.07 (28) of the statutes is renumbered 59.52 (23) and amended to read:

SB639,75,15 59.52 (23) Purchase of publications. Purchase The board may purchase publications dealing with governmental problems and furnish copies thereof to supervisors, officers and employes.

SB639, s. 141 Section 141. 59.07 (29) of the statutes is renumbered 59.535 (4) and amended to read:

SB639,75,20 59.535 (4) (title) Service officer and commission. Appropriate The board may appropriate funds for the execution of the duties of the county veterans' service officer and the county veterans' service commission.

SB639, s. 142 Section 142. 59.07 (30) of the statutes is renumbered 59.56 (10) and amended to read:

SB639,76,2 59.56 (10) Advertise county. (a) Appropriate funds to advertise the advantages, attractions and resources of the county and to conserve, develop and improve the same. Any The county may cooperate with any private agency or group in this work.

SB639,76,7 (b) In counties having with a population of 500,000 or more, appropriate funds for the placing of advertisements in newspapers, periodicals or other publications listing radio and television broadcasting schedules, informing county residents of a radio or television appearance by a county official or employe, or advertising any program, function or activity sponsored by the county.

SB639, s. 143 Section 143. 59.07 (31) of the statutes is renumbered 59.56 (5) and amended to read:

SB639,76,14 59.56 (5) Historical societies. Appropriate The board may appropriate money to any local historical society incorporated under s. 44.03 located in the county for the purpose of collecting and preserving the records of the early pioneers, the life of the Indians, the experience of persons in the military, and the salient historical features of the county.

SB639, s. 144 Section 144. 59.07 (32) of the statutes is renumbered 59.56 (6) and amended to read:

SB639,76,25 59.56 (6) County historian. Create The board may create the position of county historian. The historian shall collect and preserve the records of the Indians and the early pioneers, the experiences of military men and women and the records of their service; mark and compile data concerning places of historical interest in the county; and perform such other duties relating to the collection, preservation, compilation and publication of historical data as the board prescribes. The board may provide the historian with a fireproof safe or vault in which to keep papers and documents, with clerical assistance and with such other needs as will enable the historian to adequately perform the duties of historian. The board may require reports.

SB639, s. 145 Section 145. 59.07 (33) of the statutes is renumbered 59.56 (2) and amended to read:

SB639,77,5 59.56 (2) Public museums. (a) Appropriate The board may appropriate money for the establishment, expansion, operation and maintenance of public museums in the county, including, but not limited to, any public museum owned by a city.

SB639,77,10 (b) Acquire The board may acquire, establish, expand, own, operate and maintain a public museum in the county and appropriate money for such purposes, except that a public museum owned by a county under this subsection may seek tax-exempt status as an entity described under section 501 (c) (3) of the internal revenue code.

SB639,77,16 (c) Notwithstanding pars. (a) and (b), in counties having a population of 500,000 or more the county board may contribute funds toward the operation of a public museum owned by a city of the 1st class city in such county, as partial reimbursement for museum services rendered to persons residing outside such city and in a manner similar to the annual appropriation of funds by the county board under s. 43.57 toward the operation of the central library in such city.

SB639, s. 146 Section 146. 59.07 (34) (title) of the statutes is renumbered 59.54 (17) (title) and amended to read:

SB639,77,19 59.54 (17) (title) Highway safety Highways.

SB639, s. 147 Section 147. 59.07 (34) of the statutes is renumbered 59.54 (17) (a) and amended to read:

SB639,77,24 59.54 (17) (a) (title) Safety and patrol. Appropriate The board may appropriate money to citizens' safety committees or to county safety commissions or councils for highway safety and patrol.

SB639, s. 148 Section 148. 59.07 (34g) of the statutes is renumbered 59.54 (17) (b) and amended to read:

SB639,78,5 59.54 (17) (b) Highway commissioner term. Adopt The board may enact an ordinance establishing the term of service of a highway commissioner elected under s. 83.01 (1) (a).

SB639, s. 149 Section 149. 59.07 (34m) of the statutes is renumbered 59.54 (17) (c) and amended to read:

SB639,78,11 59.54 (17) (c) Highway safety coordinator. The county board chairperson, or the county executive or county administrator in a county having such an officer, may appoint a county highway safety coordinator who shall serve as a member of the county traffic safety commission under s. 83.013 (1) (a).

SB639, s. 150 Section 150. 59.07 (35) of the statutes is renumbered 59.70 (10) and amended to read:

SB639,78,17 59.70 (10) Drainage district bonds. Purchase The board may purchase drainage district bonds at market value or at a discount to salvage the equity of the county in the lands affected and to secure resumption of tax payments thereon and so permit the dissolution of the district.

SB639, s. 151 Section 151. 59.07 (37) of the statutes is renumbered 59.53 (1) and amended to read:

SB639,78,23 59.53 (1) Surplus commodity plans. Adopt The board may adopt and participate in any surplus commodity absorption plan in connection with furnishing relief to needy persons within any municipality in the county and appropriate money to carry out such plan.

SB639, s. 152 Section 152. 59.07 (38) of the statutes is renumbered 59.55 (5) and amended to read:

SB639,79,4 59.55 (5) Secondhand car dealers, junking cars. License The board may license and regulate dealers in secondhand motor vehicles, wreckers of motor vehicles, or the conduct of motor vehicle junking. Such regulation shall not apply to any municipality which adopts enacts an ordinance governing the same subject.

SB639, s. 153 Section 153. 59.07 (39) of the statutes is renumbered 59.53 (15) and amended to read:

SB639,79,9 59.53 (15) Nursing associations. Appropriate The board may appropriate money toward the support of organized and bona fide nursing associations in the county, such associations to have at least one qualified nurse.

SB639, s. 154 Section 154. 59.07 (41) of the statutes is renumbered 59.54 (1) and amended to read:

SB639,79,14 59.54 (1) Ambulances. Purchase The board may purchase, equip, operate and maintain ambulances and contract for ambulance service with one or more providers for conveyance of the sick or injured and make reasonable charges for the use thereof.

SB639, s. 155 Section 155. 59.07 (42) of the statutes is renumbered 59.54 (2) and amended to read:

SB639,79,21 59.54 (2) Rescue equipment. Appropriate The board may appropriate money for the purchase of boats and other equipment necessary for the rescue of human beings and the recovery of human bodies from waters of which the county has jurisdiction under s. 2.04 and charge a reasonable fee for the use of such boats and other equipment.

SB639, s. 156 Section 156. 59.07 (42m) of the statutes is renumbered 59.54 (5) and amended to read:

SB639,80,8 59.54 (5) Emergency services for hearing and speech impaired persons. In any county having a population of 200,000 or more the county board shall install in the sheriff's department a teletypewriter which shall be available to receive calls from hearing and speech impaired persons seeking emergency services. In cities having a population of 30,000 or more which are not contained in a county having a population of 200,000 or more, the city shall install a teletypewriter for the purposes of this subsection in either the police or fire department. If 2 or more cities having a population of 30,000 or more are contained in one county, the county board shall install the teletypewriter in the sheriff's department and no teletypewriter shall be required in the cities.

SB639, s. 157 Section 157. 59.07 (43) of the statutes is renumbered 59.52 (21) and amended to read:

SB639,80,15 59.52 (21) County commissions. Except in counties having a population of 500,000 or more, the board may fix and pay the compensation of members of the county park commission and the county planning and zoning commission for attendance at meetings at a rate not to exceed the compensation permitted supervisors.

SB639, s. 158 Section 158. 59.07 (44) of the statutes is renumbered 59.42 (1) and amended to read:

SB639,80,22 59.42 (1) (title) Corporation counsel ; certain counties. (a) Except as provided under par. (b), in counties not having a population of 500,000 or more, the board may employ a corporation counsel, and fix the salary of the corporation counsel. The corporation counsel appointed under this paragraph may be terminated at any time by a majority vote of all the members of the board.

SB639,81,7 (b) In any county with a county executive or county administrator, the county executive or county administrator shall have the authority to appoint and supervise the corporation counsel if the county board authorizes the establishment of the office of corporation counsel. Such 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. The corporation counsel may be removed by the county executive or county administrator with the concurrence of the county board unless the corporation counsel is appointed under such an examination procedure.

SB639,81,22 (c) The corporation counsel may, when authorized by a majority of the county board, appoint one or more assistant corporation counsels to aid the corporation counsel in the performance of the duties of corporation counsel. The assistants so appointed shall have authority to perform all the duties of the corporation counsel. The duties of the corporation counsel shall be limited to civil matters and may include giving legal opinions to the board and its committees and interpreting the powers and duties of the board and county officers. Whenever any of the powers and duties conferred upon the corporation counsel are concurrent with similar powers or duties conferred by law upon the district attorney, the district attorney's powers or duties shall cease to the extent that they are so conferred upon the corporation counsel and the district attorney shall be relieved of the responsibility for performing such powers or duties. Opinions of the corporation counsel on all such matters shall have the same effect as opinions of the district attorney. The corporation counsel may request the attorney general to consult and advise with the corporation counsel in the same manner as district attorneys as provided by s. 165.25 (3).

SB639, s. 159 Section 159. 59.07 (46) of the statutes is renumbered 59.54 (7) and amended to read:

SB639,82,11 59.54 (7) Police powers over certain U.S. lands and structures. In counties wherein in which the United States has built a structure extending into a lake or river, the board may by ordinance regulate the use of such a structure by the public consistent with reasonable safety requirements, but nothing contained in the ordinance shall permit any interference with the operations of the United States, its agents, employes or representatives in connection with the structure , and. The ordinance may also provide that any person who violates the ordinance shall forfeit to the county an amount not to exceed $100 for each offense, plus costs, and in default of payment shall be imprisoned for not more than 30 days. Arrests for violation of the ordinance may be made by the sheriff or by any peace officer of the municipality wherein the structure is located.

SB639, s. 160 Section 160. 59.07 (47) of the statutes is renumbered 59.54 (16) and amended to read:

SB639,82,18 59.54 (16) Contract with U.S. for custody of federal prisoners. Empower The board may authorize the sheriff or superintendent of the house of correction to contract with the United States to keep in the county jail or house of correction any person legally committed under U.S. authority, but not for a term exceeding 18 months.

SB639, s. 161 Section 161. 59.07 (49) of the statutes is renumbered 59.70 (22) and amended to read:

SB639,83,2 59.70 (22) Billboard regulation. Regulate The board may regulate, by ordinance, the maintenance and construction of billboards and other similar structures on premises abutting on highways maintained by the county so as to promote the safety of public travel thereon. Such ordinances shall not apply within cities, villages and towns which have enacted ordinances regulating the same subject matter.

SB639, s. 162 Section 162. 59.07 (50) of the statutes is renumbered 59.54 (19) and amended to read:

SB639,83,20 59.54 (19) Riding horses, regulation. Provide The board may provide by ordinance for the regulation, control, prohibition and licensing of horses kept for the purpose of riding, whether by private owners for their own use or by commercial stables, riding academies or clubs for hire; for the licensing and regulation of owners of riding horses and the regulation, control, prohibition and licensing of commercial stables keeping horses for riding purposes for hire. The board may revoke the license of any owner of a horse kept for the purpose of riding for violation of such ordinance after the filing of charges and notice and hearing thereon. Such ordinance may provide that the chairperson of the board, when the board is not in session, shall be authorized to issue such license or to suspend such license of any person violating such ordinance; such issuance of license or the suspension of such license to be acted on by the board at its next meeting. Such ordinance may impose a penalty of forfeiture not to exceed $100 for each violation or, in default of payment thereof, imprisonment for not exceeding more than 30 days. Such ordinances may not apply within cities, villages and towns that have enacted ordinances regulating the same subject matter.

SB639, s. 163 Section 163. 59.07 (51) of the statutes is renumbered 59.70 (1) and amended to read:

SB639,84,5 59.70 (1) Building and sanitary codes. Adopt The board may enact building and sanitary codes, make necessary rules and regulations in relation thereto and provide for enforcement of the codes, rules and regulations by forfeiture or otherwise. The codes, rules and regulations do not apply within cities, villages or towns municipalities which have adopted enacted ordinances or codes concerning the same subject matter. "Sanitary code" does not include a private sewage system ordinance adopted enacted under s. 59.065 sub. (5). "Building and sanitary codes" does not include well code ordinances adopted enacted under s. 59.067 sub. (6).

SB639, s. 164 Section 164. 59.07 (52) (title) of the statutes is renumbered 59.79 (9) (title) and amended to read:

SB639,84,8 59.79 (9) (title) Milwaukee county; sewage Sewage, waste, refuse.

SB639, s. 165 Section 165. 59.07 (52) (intro.) of the statutes is repealed.

SB639, s. 166 Section 166. 59.07 (52) (a) and (b) of the statutes are renumbered 59.79 (9) (a) and (b) and amended to read:

SB639,84,22 59.79 (9) (a) Provide for the transmission and disposal of sewage from any of the county buildings, and for such purpose shall after October 1, 1965, annually pay to the municipality in which the buildings are situated for the transmission and disposal of sewage, such proportion of the expense thereof of the transmission and disposal, as certified under s. 66.91 (5), to any such municipality; such proportionate expense to be determined by the ratio which the amount of sewage contributed by any such buildings may bear to the total amount of sewage contributed by any such municipality to such system; but each municipality wherein in which county buildings are located, if payment is to be made, shall provide and furnish meters to determine the amount of sewage so contributed. This paragraph shall not apply to user charges billed to the county under s. 66.912.

SB639,86,10 (b) Engage in the function of the destruction or disposal of waste by providing dumpage facilities; acquire lands by purchase, lease, donation or right of eminent domain within such county and use the lands as dumpage sites for depositing, salvaging, processing, burning or otherwise disposing of the waste, and acquire land by purchase, lease or donation outside such county for said purposes where state and local regulations permit; construct and equip incinerators and other structures to be used for disposal of waste; maintain, control and operate dumpage sites; maintain, control and operate incinerators for burning such materials; utilize or dispose of by sale or otherwise heat or power reclaimed from incinerator facilities; sell all salvageable waste materials and by-products; levy a tax to create a working capital fund to maintain and operate dumpage facilities, construct, equip and operate incinerators and other structures for disposal of wastes; charge or assess reasonable fees to persons making use of such sites, incinerators or other structures for the disposal of waste; make charges approximately commensurate with the cost of services rendered to any municipality using the county waste disposal facilities; authorize payment to any municipality, in which county waste disposal facilities, including incinerators, are located, to cover the reasonable cost of fire fighting services rendered to such county when the occasion demands such service; contract with private collectors and municipalities and transporters to receive and dispose of waste other than garbage at dumpage and incinerator sites; levy taxes to provide funds to acquire sites and to construct and equip incinerators and other structures for disposal of wastes; adopt enact and enforce ordinances, and adopt and enforce rules and regulations, necessary for the orderly conduct of providing such dumpage facilities and services and provide forfeitures for the violation thereof. The charges for waste disposal services shall be determined by the board and shall include a reasonable charge for depreciation. In the determination of the charges the board shall give full consideration to any fees directly collected for the service. Waste disposal charges shall be apportioned pursuant to under s. 70.63 to the respective municipalities receiving the service. The depreciation charges shall create a reserve for future capital outlays for waste disposal facilities. Before acquiring in such county any site to be used for dumping or the erection of an incinerator or other structure for the disposal of waste, a public hearing shall be held in the county following notice of hearing by publication as a class 3 notice, under ch. 985. The term "waste" as used in this paragraph includes, without restriction limitation because of enumeration, garbage, ashes, municipal, domestic, industrial and commercial rubbish, waste or refuse material. The powers conferred by this paragraph are declared to be necessary to the preservation of the public health, welfare and convenience of the county.

SB639, s. 167 Section 167. 59.07 (54) of the statutes is renumbered 59.80 and amended to read:

SB639,86,19 59.80 Milwaukee county; city-county crime commission. The board of any county having with a population of 500,000 or more or the common council of any 1st class city of the first class however organized in such county, may appropriate money to defray in whole or in part the expenses of a city-county crime commission organized and functioning to determine methods of crime prevention in such county. All items of expense paid out of such appropriation shall be presented and paid on board vouchers as are claims against counties.

SB639, s. 168 Section 168. 59.07 (55) of the statutes is renumbered 59.79 (1) and amended to read:

SB639,87,7 59.79 (1) (title) Housing facilities , Milwaukee county. In counties having a population of 500,000 or more, build Build, furnish and rent housing facilities to residents of the county. Such counties a county may borrow money or accept grants from the federal government for or in aid of any project to build, furnish and rent such housing facilities, to take over any federal lands and to such ends enter into such contracts, mortgages, trust indentures, leases or other agreements as the federal government may require. It is the intent of this subsection to authorize such counties a county to do anything necessary to secure the financial aid and the cooperation of the federal government in any undertaking by the county authorized by this subsection, including the authority to provide housing subsidies or allowances by participation in federal government housing programs.

SB639, s. 169 Section 169. 59.07 (56) of the statutes is renumbered 59.53 (23) and amended to read: