SB639: Bill Text

SB639, s. 572 Section 572. 95.50 (4) of the statutes is amended to read:

SB639,364,15 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.

SB639, s. 573 Section 573. 101.123 (1) (bg) of the statutes is amended to read:

SB639,364,19 101.123 (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).

SB639, s. 574 Section 574. 102.85 (4) (d) of the statutes is amended to read:

SB639,365,2 102.85 (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).

SB639, s. 575 Section 575. 106.21 (1) (g) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,365,8 106.21 (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.

SB639, s. 576 Section 576. 106.215 (1) (fm) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,365,15 106.215 (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.

SB639, s. 577 Section 577. 110.07 (2m) of the statutes is amended to read:

SB639,366,3 110.07 (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.

SB639, s. 578 Section 578. 110.07 (4) of the statutes is amended to read:

SB639,366,15 110.07 (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.

SB639, s. 579 Section 579. 114.135 (intro.) of the statutes is amended to read:

SB639,366,23 114.135 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.

SB639, s. 580 Section 580. 115.86 (5) (c) of the statutes is amended to read:

SB639,367,5 115.86 (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.

SB639, s. 581 Section 581. 115.86 (9) (c) of the statutes is amended to read:

SB639,367,16 115.86 (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.

SB639, s. 582 Section 582. 116.03 (13m) of the statutes is amended to read:

SB639,367,22 116.03 (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.

SB639, s. 583 Section 583. 118.162 (1) (intro.) of the statutes is amended to read:

SB639,368,6 118.162 (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:

SB639, s. 584 Section 584. 120.12 (19) of the statutes is amended to read:

SB639,368,12 120.12 (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.

SB639, s. 585 Section 585. 132.04 (3) of the statutes is amended to read:

SB639,368,19 132.04 (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.

SB639, s. 586 Section 586. 133.03 (4) of the statutes is amended to read:

SB639,368,22 133.03 (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.

SB639, s. 587 Section 587. 134.17 (4) of the statutes is amended to read:

SB639,368,25 134.17 (4) For each recording, the register of deeds shall receive the fee specified for filing under s. 59.57 (1) 59.43 (2) (ag).

SB639, s. 588 Section 588. 144.25 (4) (g) 5. of the statutes is amended to read:

SB639,369,6 144.25 (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.

SB639, s. 589 Section 589. 144.25 (8m) of the statutes is amended to read:

SB639,369,13 144.25 (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.

SB639, s. 590 Section 590. 144.26 (2) (e) of the statutes is amended to read:

SB639,369,19 144.26 (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.

SB639, s. 591 Section 591. 144.26 (2) (f) of the statutes is amended to read:

SB639,369,22 144.26 (2) (f) "Shorelands" means the lands specified under par. (e) and s. 59.971 59.692 (1) (b).

SB639, s. 592 Section 592. 144.26 (2m) (intro.) of the statutes is amended to read:

SB639,370,4 144.26 (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:

SB639, s. 593 Section 593. 144.26 (8) of the statutes is amended to read:

SB639,370,7 144.26 (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.

SB639, s. 594 Section 594. 144.266 (3) (a) 3. of the statutes is amended to read:

SB639,370,14 144.266 (3) (a) 3. Minimum standards for storm water management established under this paragraph are applicable to the state plan under sub. (2). The department shall encourage a city, village, town or county to comply with minimum standards established under this paragraph for any construction site erosion control and storm water management zoning ordinance enacted under s. 59.974 59.693, 60.627, 61.354 or 62.234.

SB639, s. 595 Section 595. 144.44 (7) (f) 3. of the statutes is amended to read:

SB639,370,23 144.44 (7) (f) 3. The department shall approve the requester's exemption proposal if the department finds that the proposal, as approved, will comply with this chapter and chs. 30, 31, 147, 160 and 162 and ss. 1.11, 23.40, 59.971, 59.974 59.692, 59.693, 60.627, 61.351, 61.354, 62.231, 62.234 and 87.30. If the proposal does not comply with one or more of the requirements specified in this subdivision, the department shall provide a written statement describing how the proposal fails to comply with those requirements. The department shall respond to an application for an exemption under this paragraph within 90 days.

SB639, s. 596 Section 596. 144.445 (3) (d) of the statutes is amended to read:

SB639,371,17 144.445 (3) (d) "Local approval" includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 59.065, 59.07, 59.083, 59.97, 59.971, 59.974 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (10), (11), (12), (13), (14), (15), (19), (20), (51), (52) and (53), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (24), (25), (26), (28), (30), (31), (32) and (33), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (4), (5), (6), (7), (8), (9), (10) and (11), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.354, 62.11, 62.23, 62.231, 62.234, 66.01, 66.052, 66.24 (8), 87.30, 91.73, 144.07, 196.58, 236.45 or 349.16 or subch. VIII of ch. 60.

SB639, s. 597 Section 597. 144.46 of the statutes is amended to read:

SB639,371,23 144.46 Shoreland and floodplain zoning. Solid waste facilities are prohibited within areas under the jurisdiction of shoreland and floodplain zoning regulations adopted pursuant to ss. 59.971 under ss. 59.692, 61.351, 62.231 and 87.30, except that the department may issue permits authorizing facilities in such areas.

SB639, s. 598 Section 598. 144.9407 (3) (a) of the statutes is amended to read:

SB639,372,6 144.9407 (3) (a) Requirement to enact and administer ordinance. Within 6 months after the effective date of the rules under sub. (2) (a), each county shall enact a nonmetallic mining reclamation ordinance, the text of which is in strict conformity with the text of the ordinance established under sub. (2) (a) 3., except as provided in par. (b). This ordinance may be enacted separately from an ordinance enacted under s. 59.97 59.69.

SB639, s. 599 Section 599. 144.992 (4) of the statutes is amended to read:

SB639,372,12 144.992 (4) The clerk of the court shall collect and transmit to the county treasurer the environmental 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 assessment in the environmental fund.

SB639, s. 600 Section 600. 145.20 (3) (c) of the statutes is amended to read:

SB639,372,24 145.20 (3) (c) If the governing body for a governmental unit responsible for the regulation of private sewage systems does not adopt a private sewage system ordinance meeting the requirements of s. 59.065 59.70 (5) or if the governmental unit does not appoint personnel meeting the requirements of sub. (1) or if the governmental unit does not comply with the requirements of sub. (2) or s. 145.19 (3), the department may conduct hearings in the county seat upon 30 days' notice to the county clerk. As soon as practicable after the public hearing, the department shall issue a written decision regarding compliance with s. 59.065 59.70 (5) or 145.19 (3) or sub. (1) or (2). If the department determines that there is a violation of these provisions, the governmental unit may not issue a sanitary permit for the installation of a private sewage system until the violation is corrected.

SB639, s. 601 Section 601. 159.01 (9) of the statutes is amended to read:

SB639,373,4 159.01 (9) "Responsible unit" means a municipality, county, another unit of government, including a federally recognized Indian tribe or band in this state, or solid waste management system under s. 59.07 (135) 59.70 (2), that is designated under s. 159.09 (1).

SB639, s. 602 Section 602. 159.09 (1) (d) of the statutes is amended to read:

SB639,373,12 159.09 (1) (d) The governing body of a responsible unit designated under par. (a), (b) or (c) may by contract under s. 66.30 designate another unit of government, including a federally recognized Indian tribe or band in this state, or a solid waste management system created under s. 59.07 (135) 59.70 (2) to be the responsible unit in lieu of the responsible unit designated under par. (a), (b) or (c). The contract shall cover all functions required under sub. (2), including provisions for financing and enforcing the recycling or other solid waste management program.

SB639, s. 603 Section 603. 161.41 (5) (b) of the statutes is amended to read:

SB639,373,17 161.41 (5) (b) The clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.395 (5) 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.20 (5) (b) 59.25 (3) (f) 2.

SB639, s. 604 Section 604. 162.07 (1) (intro.) of the statutes is amended to read:

SB639,373,23 162.07 (1) Ordinances. (intro.) The department may authorize counties to adopt ordinances under s. 59.067 (2) and (3) 59.70 (6) (b) and (c), relating to the enforcement of this chapter and rules of the department under this chapter. The department shall establish by rule standards for approval of ordinances and enforcement programs. Among other things, the rules may:

SB639, s. 605 Section 605. 162.07 (2) of the statutes is amended to read:

SB639,374,4 162.07 (2) Private wells. The department shall define by rule "private well" and "private wells" as used in this section and s. 59.067 59.70 (6). The definition may not include wells for which plans and specifications must be submitted to the department for approval prior to construction or installation.

SB639, s. 606 Section 606. 162.07 (3) of the statutes is amended to read:

SB639,374,10 162.07 (3) Training. The department shall provide training and technical assistance to local government employes and agents for implementation of this section and s. 59.067 59.70 (6). The department may charge each county which receives training and technical assistance a fee for those services. Fees may not exceed the department's actual costs of providing the services.

SB639, s. 607 Section 607. 162.07 (4) of the statutes is amended to read:

SB639,374,18 162.07 (4) Review and audit. The department shall review and audit periodically each ordinance and program adopted under s. 59.067 59.70 (6) to ascertain compliance with this chapter and with rules of the department under this chapter. If an ordinance or related program is not in compliance, the department may revoke the authority of the county to enforce the ordinance. Revocation may be made only pursuant to written department findings made after a public hearing held in the county upon 30 days advance notice to the clerk of the local unit of government.

SB639, s. 608 Section 608. 162.07 (5) of the statutes is amended to read:

SB639,375,4 162.07 (5) Concurrent enforcement. The department may enforce this chapter and rules of the department under this chapter that are covered by an ordinance adopted under s. 59.067 59.70 (6), in the county with the ordinance, if the department is engaged in audit or review activities, if there is reasonable cause to believe that the ordinance or related enforcement program of the county is not in compliance under sub. (4) or if the department determines that there are special circumstances requiring concurrent enforcement. The department shall continue to enforce this chapter and rules of the department under this chapter that are not covered by an ordinance in counties with ordinances adopted under s. 59.067 59.70 (6).

SB639, s. 609 Section 609. 165.25 (8m) of the statutes is amended to read:

SB639,375,9 165.25 (8m) Local emergency planning committees. In subs. (1), (6) and (6m), treat any local emergency planning committee appointed by a county board under s. 59.07 (146) 59.54 (8) (a) as a department of state government and any member of such a committee as a state official, employe or agent.

SB639, s. 610 Section 610. 165.85 (2) (bg) of the statutes is amended to read:

SB639,375,12 165.85 (2) (bg) "Jail" means a county jail, rehabilitation facility established by s. 59.07 (76) 59.53 (8) or county house of correction under s. 303.16.

SB639, s. 611 Section 611. 165.87 (2) (b) of the statutes is amended to read:

SB639,375,18 165.87 (2) (b) If a fine or forfeiture is imposed by a court of record, after a determination by the court of the amount due, the clerk of the court shall collect and transmit such amount to the county treasurer as provided in s. 59.395 (5) 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.20 (5) (b) 59.25 (3) (f) 2.

SB639, s. 612 Section 612. 165.90 (1) of the statutes is amended to read:

SB639,376,3 165.90 (1) Any county that has one or more federally recognized Indian reservations within or partially within its boundaries may enter into an agreement in accordance with s. 59.07 (141) 59.54 (12) with an Indian tribe located in the county to establish a cooperative county-tribal law enforcement program. To be eligible to receive aid under this section, a county and tribe shall develop and annually submit a joint program plan, by December 1 of the year prior to the year for which funding is sought, to the department of justice for approval. If funding is sought for the 2nd or any subsequent year of the program, the county and tribe shall submit the report required under sub. (4) (b) together with the plan.

SB639, s. 613 Section 613. 165.92 (2) (a) of the statutes is amended to read:

SB639,376,9 165.92 (2) (a) A tribal law enforcement officer who meets the requirements of s. 165.85 (4) (b) 1., (bn) 1. and (c) shall have the same powers to enforce the laws of the state and to make arrests for violations of such laws that sheriffs have, including powers granted to sheriffs under ss. 59.23 and 59.24 59.27 and 59.28 and under the common law, and shall perform the duties accepted under s. 165.85 (3) (c).

SB639, s. 614 Section 614. 165.92 (4) of the statutes is amended to read:

SB639,376,15 165.92 (4) Deputization by sheriff. Nothing in this section limits the authority of a county sheriff to depute a tribal law enforcement officer under s. 59.21 59.26 (5), including the authority to grant law enforcement and arrest powers outside the territory described in sub. (2) (b). Deputization of a tribal law enforcement officer by a sheriff shall not limit the powers and duties granted to the officer by sub. (2).

SB639, s. 615 Section 615. 166.03 (4) (b) of the statutes is amended to read:

SB639,376,19 166.03 (4) (b) In counties having a county executive under s. 59.031 59.17, the county board shall designate the county executive or confirm his or her appointee as county head of emergency government services.

SB639, s. 616 Section 616. 166.03 (4) (c) of the statutes is amended to read: