SB639: Bill Text

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:

SB639,377,2 166.03 (4) (c) Each county board shall designate a committee of the board as a county emergency government committee whose chairperson shall be a member of the committee designated by the chairperson of the county board. The committee, in counties having a county executive under s. 59.031 59.17, shall retain policy-making and rule-making powers in the establishment and development of county emergency government plans and programs.

SB639, s. 617 Section 617. 166.04 of the statutes is amended to read:

SB639,377,14 166.04 State traffic patrol and conservation warden duties during civil disorder. Without proclaiming a state of emergency, the governor may, in writing filed with the secretary of state, determine that there exists a condition of civil disorder or a threat to the safety of persons on state property or damage or destruction to state property. Upon such filing, he or she may call out the state traffic patrol or the conservation warden force or members thereof for use in connection with such threat to such life or property. For the duration of such threat, as determined by the governor, such officers shall have the powers of a peace officer as set forth in s. 59.24 59.28, except that such officers shall not be used in or take part in any dispute or controversy between employer or employe concerning wages, hours, labor or working conditions.

SB639, s. 618 Section 618. 166.20 (1) (b) of the statutes is amended to read:

SB639,377,17 166.20 (1) (b) "Committee" means a local emergency planning committee created under s. 59.07 (146) 59.54 (8) (a).

SB639, s. 619 Section 619. 166.20 (2) (f) of the statutes is amended to read:

SB639,377,22 166.20 (2) (f) If the composition of a county's committee does not conform to 42 USC 11001 (c), inform the county board of that fact and of the county board's duty, under s. 59.07 (146) 59.54 (8) (a) 1., to create a committee with members as specified in 42 USC 11001 (c).

SB639, s. 620 Section 620. 167.31 (5) (d) of the statutes is amended to read:

SB639,378,3 167.31 (5) (d) The clerk of the circuit court shall collect and transmit to the county treasurer the weapons assessment as required under s. 59.395 (5) 59.40 (2) (m). The county treasurer shall then pay the state treasurer as provided in s. 59.20 (5) (b) 59.25 (3) (f) 2. The state treasurer shall deposit all amounts received under this paragraph in the conservation fund to be appropriated under s. 20.370 (3) (mu).

SB639, s. 621 Section 621. 175.20 (1) of the statutes is amended to read:

SB639,378,13 175.20 (1) No person may conduct any dance to which the public is admitted, or conduct, establish or manage any public dance hall or pavilion, amusement park, carnival, concert, street fair, bathing beach or other like place of amusement in any county in which the board of supervisors has enacted an ordinance, adopted a resolution or enacted bylaws in accordance with the provisions of s. 59.07 (18) 59.56 (12) (b) or (br), subject to s. 59.07 (18) (d) 59.56 (12m), without first securing a license as provided in s. 59.07 (18) 59.56 (12) (b) or (br) or 60.23 (10). No person required to have such a license may conduct a dance to which the public is admitted except in the presence and under the supervision of a county dance supervisor.

SB639, s. 622 Section 622. 181.67 (1) (c) of the statutes is amended to read:

SB639,378,17 181.67 (1) (c) Separate checks in the amount of the recording fee prescribed under s. 59.57 (1) (a) 59.43 (2) (ag) 1. payable to the register of deeds of each county in which the document is required to be recorded.

SB639, s. 623 Section 623. 185.42 (2) of the statutes is amended to read:

SB639,378,25 185.42 (2) The register of deeds, upon payment of the fee specified under s. 59.57 (6a) 59.43 (2) (e), shall number each contract consecutively and shall record it. The register of deeds shall enter the name of every member-maker of such a contract alphabetically in a book to be kept for that purpose. He or she shall place members and cooperatives under a separate head and shall state in separate columns, opposite each name, the number of the contract, the date of the filing, and a brief description of the products, goods or services covered by such contract.

SB639, s. 624 Section 624. 185.42 (5) of the statutes is amended to read:

SB639,379,10 185.42 (5) Whenever the contract has been terminated in any such manner, the association shall give, upon demand, a statement of termination to the member-maker of the contract. Such member may record such statement in the office of the register of deeds where the contract was originally filed or recorded. At least once each year the association shall record in the office of the register of deeds where the contract was originally [filed] or recorded, a sworn list of the names of all member-makers whose contract has been terminated in any manner specified by sub. (4) (b) and (c). For any recording under this subsection the register of deeds shall receive the fee specified under s. 59.57 (1) 59.43 (2) (ag).

SB639, s. 625 Section 625. 185.82 (1) (c) of the statutes is amended to read:

SB639,379,14 185.82 (1) (c) Separate checks in the amount of the recording fee prescribed under s. 59.57 (1) (a) 59.43 (2) (ag) 1. payable to the register of deeds of each county in which the document is required to be recorded.

SB639, s. 626 Section 626. 194.05 (1) of the statutes is amended to read:

SB639,379,20 194.05 (1) This chapter shall not apply to motor vehicles owned by the United States, any state, or any political subdivision thereof, except in the case of transportation systems acquired and operated between counties under s. 59.968 (4) 59.58 (3) (d) but in such a case the political subdivision is exempt from the annual permit fee under s. 194.04 (4) (a).

SB639, s. 627 Section 627. 228.01 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,380,12 228.01 Recording of documents and public records by mechanical process authorized. Whenever any officer of any county having a population of 500,000 or more is required or authorized by law to file, record, copy, recopy or replace any document, court order, plat, paper, written instrument, writings, record or book of record, on file or of record in his or her office, notwithstanding any other provisions in the statutes, the officer may do so by photostatic, photographic, microphotographic, microfilm, optical imaging, electronic formatting or other mechanical process which produces a clear, accurate and permanent copy or reproduction of the original document, court order, plat, paper, written instrument, writings, record or book of record in accordance with the standards specified under ss. 16.61 (7) and 16.612. Any such officer may also reproduce by such processes or transfer from optical disk or electronic storage any document, court order, plat, paper, written instrument, writings, record or book of record which has previously been filed, recorded, copied or recopied. Optical imaging or electronic formatting of any document is subject to authorization under s. 59.145 (1) 59.52 (14) (a).