SB639: Bill Text

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).

SB639, s. 628 Section 628. 234.49 (1) (i) of the statutes is amended to read:

SB639,380,20 234.49 (1) (i) "Sponsor" means any town, city, village or county in this state, or any community action agency or housing authority under s. 59.075 59.53 (22), 61.73, 66.395 or 66.40. A community action agency or housing authority may be a sponsor for the unincorporated area of a county if the board of supervisors of that county adopts a resolution authorizing it to be a sponsor. A community action agency or housing authority may be a sponsor for an incorporated municipality if the governing body of the municipality adopts a resolution authorizing it to be a sponsor.

SB639, s. 629 Section 629. 234.49 (2) (a) 4. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,381,2 234.49 (2) (a) 4. To designate as an authorized lender the authority or any local government agency, housing authority under s. 59.075 59.53 (22), 61.73, 66.395 or 66.40, bank, savings bank, savings and loan institution, mortgage banker registered under s. 224.72 or credit union, if the designee has a demonstrated history or potential of ability to adequately make and service housing rehabilitation loans.

SB639, s. 630 Section 630. 236.02 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,381,10 236.02 (3) "County planning agency" means a rural county planning agency authorized by s. 27.019, a county park commission authorized by s. 27.02 except that in a county with a county executive or county administrator, the county park manager appointed under s. 27.03 (2), a county zoning agency authorized by s. 59.97 59.69 or any agency created by the county board and authorized by statute to plan land use.

SB639, s. 631 Section 631. 251.06 (4) (b) of the statutes is amended to read:

SB639,381,21 251.06 (4) (b) In any county with a county executive that has a single county health department, the county executive shall appoint and supervise the county health officer. The appointment is 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 county health officer appointed under this paragraph is subject only to the supervision of the county executive. In a county with such a county health officer, the local board of health shall be only a policy-making body determining the broad outlines and principles governing the administration of the county health department.

SB639, s. 632 Section 632. 252.073 (3) of the statutes is amended to read:

SB639,381,24 252.073 (3) Compensation of trustees. The trustees of the sanatorium shall receive compensation as determined under the provisions of s. 59.15 59.22.

SB639, s. 633 Section 633. 301.37 (1) of the statutes is amended to read:

SB639,382,8 301.37 (1) The department shall fix reasonable standards and regulations for the design, construction, repair and maintenance of houses of correction, reforestation camps maintained under s. 303.07, jails as defined in s. 302.30, extensions of jails under s. 59.68 (7) 59.54 (14) (g), rehabilitation facilities under s. 59.07 (76) 59.53 (8), lockup facilities as defined in s. 302.30, Huber facilities under s. 303.09 and, after consulting with the department of health and family services, secure detention facilities, with respect to their adequacy and fitness for the needs which they are to serve.

SB639, s. 634 Section 634. 302.30 of the statutes is amended to read:

SB639,382,18 302.30 Definition of jail. In ss. 302.30 to 302.43, "jail" includes municipal prisons and rehabilitation facilities established under s. 59.07 (76) 59.53 (8) by whatever name they are known. In s. 302.37 (1) (a) and (3) (a), "jail" does not include lockup facilities. "Lockup facilities" means those facilities of a temporary place of detention at a police station which are used exclusively to hold persons under arrest until they can be brought before a court, and are not used to hold persons pending trial who have appeared in court or have been committed to imprisonment for nonpayment of fines or forfeitures. In s. 302.365, "jail" does not include rehabilitation facilities established under s. 59.07 (76) 59.53 (8).

SB639, s. 635 Section 635. 302.36 (1) of the statutes is amended to read:

SB639,382,23 302.36 (1) All jails shall be provided with suitable wards or buildings or cells in the case of jail extensions under s. 59.68 (7) 59.54 (14) (g) for the separation of criminals from noncriminals; persons of different sexes; and persons alleged to be mentally ill. All prisoners shall be kept segregated accordingly.

SB639, s. 636 Section 636. 302.45 (3) of the statutes is amended to read:

SB639,383,4 302.45 (3) Any county jail, reforestation camp established under s. 303.07, county house of correction or rehabilitation facility established under s. 59.07 (76) 59.53 (8), whether operated by one county or more than one county, may be a state-local shared correctional facility.

SB639, s. 637 Section 637. 302.46 (1) (b) of the statutes is amended to read:

SB639,383,10 302.46 (1) (b) If a fine or forfeiture is imposed by a court of record, after a determination by the court of the amount due for the jail assessment, the clerk of the court shall collect and transmit the jail assessment to the county treasurer as provided in s. 59.395 (5m) 59.40 (2) (n). The county treasurer shall place the amount in the county jail fund as provided in s. 59.20 (5m) 59.25 (3) (g).

SB639, s. 638 Section 638. 302.46 (1) (c) of the statutes is amended to read:

SB639,383,16 302.46 (1) (c) If a fine or forfeiture is imposed by a municipal court, after a determination by the court of the amount due for the jail assessment, the court shall collect and transmit the jail assessment to the county treasurer under s. 800.10 (2). The county treasurer shall place the amount in the county jail fund as provided in s. 59.20 (5m) 59.25 (3) (g).

SB639, s. 639 Section 639. 343.10 (6) of the statutes is amended to read:

SB639,384,2 343.10 (6) Fee. No person may file a petition for an occupational license unless he or she first pays a fee of $40 to the clerk of the circuit court if the petition is to a judge of the circuit court, to the municipal court if the petition is to a judge of the municipal court or to the department if the petition is to the department under sub. (10). The clerk of the circuit court or the municipal court official shall give the person a receipt and forward the fee to the county or municipal treasurer, respectively. That treasurer shall pay 50% of the fee to the state treasurer under s. 59.20 (8r) 59.25 (3) (m) and retain the balance for the use of the county or municipality, respectively. The department shall give the person a receipt.

SB639, s. 640 Section 640. 346.655 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,384,8 346.655 (2) (a) Except as provided in par. (b), the clerk of court shall collect and transmit the amount under sub. (1) to the county treasurer as provided in s. 59.395 (5) 59.40 (2) (m). The county treasurer shall then make payment of 29.2% of the amount to the state treasurer as provided in s. 59.20 (5) (b) 59.25 (3) (f) 2.

SB639, s. 641 Section 641. 349.02 (2) (b) 4. of the statutes is amended to read:

SB639,384,11 349.02 (2) (b) 4. Local ordinances enacted under s. 59.07 (107) 59.54 (25), 60.23 (21) or 66.051 (1) (bm).

SB639, s. 642 Section 642. 350.115 (1) (d) of the statutes is amended to read:

SB639,384,16 350.115 (1) (d) The clerk of the court shall collect and transmit to the county treasurer the snowmobile registration restitution payment 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.

SB639, s. 643 Section 643. 448.03 (3) (f) 1. of the statutes is amended to read:

SB639,384,21 448.03 (3) (f) 1. Any person employed as an occupational therapist by a federal agency, as defined under s. 59.071 (3) (a) 59.57 (2) (c) 1., if the person provides occupational therapy solely under the direction or control of the federal agency by which he or she is employed.

SB639, s. 644 Section 644. 448.03 (3) (g) 1. of the statutes is amended to read:

SB639,385,2 448.03 (3) (g) 1. Any person employed as an occupational therapy assistant by a federal agency, as defined under s. 59.071 (3) (a) 59.57 (2) (c) 1., if the person provides occupational therapy solely under the direction or control of the federal agency by which he or she is employed.

SB639, s. 645 Section 645. 560.60 (6) of the statutes is amended to read:

SB639,385,6 560.60 (6) "Governing body" means a county board, city council, village board, town board, regional planning commission or transit commission under s. 59.967 59.58 (2) or 66.943.

SB639, s. 646 Section 646. 601.41 (1) of the statutes is amended to read:

SB639,385,11 601.41 (1) Duties. The commissioner shall administer and enforce chs. 153 and 600 to 655 and ss. 59.07 (2) 59.52 (11) (c), 66.184 and 120.13 (2) (b) to (g) and shall act as promptly as possible under the circumstances on all matters placed before the commissioner.

SB639, s. 647 Section 647. 612.81 of the statutes is amended to read:

SB639,385,16 612.81 Register of deeds. No town mutual need file any corporate documents with any register of deeds for corporation law or regulatory purposes. All such documents held by registers of deeds on May 24, 1973, may be disposed of under s. 59.51 (14m) 59.43 (12) (b).

SB639, s. 648 Section 648. 632.895 (10) (a) of the statutes is amended to read:

SB639,385,24 632.895 (10) (a) Except as provided in par. (b), every disability insurance policy and every health care benefits plan provided on a self-insured basis by a county board under s. 59.07 (2) 59.52 (11), by a city or village under s. 66.184 or by a school district under s. 120.13 (2) shall provide coverage for blood lead tests for children under 6 years of age, which shall be conducted in accordance with any recommended lead screening methods and intervals contained in any rules promulgated by the department of health and family services under s. 254.158.

SB639, s. 649 Section 649. 632.897 (10) (am) 2. of the statutes is amended to read:

SB639,386,4 632.897 (10) (am) 2. Provide family coverage under the group policy or individual policy for the individual's child, if eligible for coverage, upon application by the individual, the child's other parent, the department of health and family services or the county designee under s. 59.07 (97) 59.53 (5).

SB639, s. 650 Section 650. 703.365 (2) (d) of the statutes is amended to read:

SB639,386,8 703.365 (2) (d) Commercial activity is permitted in a small residential condominium only to the extent that commercial activity is permitted in residences in a zoning ordinance adopted under s. 59.97 59.69, 60.61, 61.35 or 62.23.

SB639, s. 651 Section 651. 706.05 (1) of the statutes, as affected by 1995 Wisconsin Act 110, is amended to read:

SB639,386,13 706.05 (1) Subject to s. 59.517 59.43 (2m), every conveyance, and every other instrument which affects title to land in this state, shall be entitled to record in the office of the register of deeds of each county in which land affected thereby may lie.

SB639,386,14 History: History: 1971 c. 211; 1977 c. 217, 253, 447; 1979 c. 221; 1983 a. 492 s. 3; 1985 a. 174; 1991 a. 66, 269; 1993 a. 145, 486.

SB639, s. 652 Section 652. 706.057 (7) of the statutes is amended to read:

SB639,386,22 706.057 (7) Statement of claim; recording; register of deeds' duty. The register of deeds shall provide copies of the uniform form for statements of claim under subs. (4), (5) and (6). Upon receipt of a statement of claim under sub. (4), (5) or (6) in the office of the register of deeds, the register of deeds shall record the claim in a manner which will permit the existence of an interest in minerals to be determined by reference to the parcel or parcels of land above the interest in minerals. The claimant shall pay the recording fee under s. 59.57 59.43 (2).

SB639, s. 653 Section 653. 753.016 (2) of the statutes is amended to read:

SB639,387,2 753.016 (2) Court room; offices. The county board shall provide suitable court rooms and offices, the sheriff shall provide the necessary deputy sheriffs as attending officers under s. 59.23 59.27 (3) and the clerk of the circuit court shall provide a sufficient number of deputy clerks for all the judges and branches of the court.

SB639, s. 654 Section 654. 753.30 (1) of the statutes is amended to read: