Wisconsin Legislature: 55,1915

55,1915 Section 1915. 59.54 (28) of the statutes is created to read:

59.54 (28) Crime prevention funding board. (a) In this subsection:

1. "Chief elected official" means the mayor of a city or, if the city is organized under subch. I of ch. 64, the president of the council of that city, the village president of a village, or the town board chairperson of a town.

2. "Crime board" means a crime prevention funding board that is created under this subsection.

3. "Municipality" means a city, village, or town.

(b) A county may create a crime board. In a county that creates a crime board, the treasurer shall receive moneys and deposit them as described in s. 59.25 (3) (gm). The funds in such an account may be distributed upon the direction of the crime board under par. (d). The crime board shall meet, and its members may receive no compensation, other than reimbursement for actual and reasonable expenses incurred in the performance of their duties. Members shall serve for the terms that are determined by the crime board.

1. The presiding judge of the circuit court, or his or her designee

2. The district attorney, or his or her designee.

3. The sheriff, or his or her designee.

4. One of the following county officials, or his or her designee:

a. The county executive.

b. If the county does not have a county executive, the county administrator.

c. The chairperson of the county board of supervisors, or his or her designee, if the county does not have a county executive or a county administrator.

5. The chief elected official of the largest municipality in the county, as determined by population, or his or her designee.

6. A person chosen by a majority vote of the sheriff and all of the chiefs of police departments that are located wholly or partly within the county.

7. A person chosen by the county's public defender's office.

(d) 1. The crime board may solicit applications for grants in a format determined by the crime board, and may vote to direct the treasurer to distribute grants to applicants from moneys in the crime prevention fund under s. 59.25 (3) (gm). The crime board may direct the treasurer to distribute grants to any of the following entities, in amounts determined by the crime board:

a. One or more private nonprofit organizations within the county that has as its primary purpose preventing crime, providing a funding source for crime prevention programs, encouraging the public to report crime, or assisting law enforcement agencies in the apprehension of criminal offenders.

b. A law enforcement agency within the county that has a crime prevention fund, if the contribution is credited to the crime prevention fund and is used for crime prevention purposes.

2. Not less than 50 percent of the payments made under subd. 1. shall be made to one or more organizations described in subd. 1. a., except that if no organization described in subd. 1. a. exists within the county, all of the payments may be made to a law enforcement agency under subd. 1. b.

(e) Annually, the crime board shall submit a report on its activities to the clerk of court for the county that distributed the funds, to the county board, and to the legislative bodies of each municipality that is located wholly or partly within the county. The report shall contain at least all of the following information for the year to which the report relates:

1. The name and address of each entity that received a grant, including contact information for the leadership of the entity.

2. A full accounting of all funds disbursed by the treasurer at the direction of the crime board, including the amount of the funds disbursed, the dates of disbursal, and the purposes for which the grant was made.

(f) Annually, each recipient of a grant awarded under this subsection shall submit a report on its activities to all of the entities specified in par. (e). The report shall contain at least all of the following information for the year to which the report relates:

1. The name and address of the entity.

2. The name and address, and title, of each member of the governing body of the entity.

3. The purposes for which the grant money was spent.

4. A detailed accounting of all receipts and expenditures of the entity that relate to the grant money.

5. The balance of any funds remaining.

(g) Upon the creation of a crime prevention funding board, the initial members of the board specified under par. (c) shall declare that they are serving on the board, or appoint their designees, not later than the first day of the 4th month beginning after a board is created.

55,1922am Section 1922am. 59.69 (2) (bs) of the statutes is created to read:

59.69 (2) (bs) As part of its approval process for granting a conditional use permit under this section, a county may not impose on a permit applicant a requirement that is expressly preempted by federal or state law.

55,1922b Section 1922b. 59.692 (1) (bn) of the statutes is amended to read:

59.692 (1) (bn) "Shoreland setback area" means an area in a shoreland that is within a certain distance of the ordinary high-water mark in which the construction or placement of buildings or structures has been limited or prohibited under an ordinance enacted under this section.

55,1922c Section 1922c. 59.692 (1) (e) of the statutes is created to read:

59.692 (1) (e) "Structure" means a principal structure or any accessory structure including a garage, shed, boathouse, sidewalk, stairway, walkway, patio, deck, retaining wall, porch, or fire pit.

55,1922d Section 1922d. 59.692 (1d) of the statutes is created to read:

59.692 (1d) (a) An ordinance enacted under this section may not regulate a matter more restrictively than the matter is regulated by a shoreland zoning standard.

(b) Paragraph (a) does not prohibit a county from enacting a shoreland zoning ordinance that regulates a matter that is not regulated by a shoreland zoning standard.

55,1922e Section 1922e. 59.692 (1f) of the statutes is created to read:

59.692 (1f) (a) A county shoreland zoning ordinance may not require a person to do any of the following:

1. Establish a vegetative buffer zone on previously developed land.

2. Expand an existing vegetative buffer zone.

(b) A county shoreland zoning ordinance may require a person to maintain a vegetative buffer zone that exists on the effective date of this paragraph .... [LRB inserts date], if the ordinance also does all of the following:

1. Allows the buffer zone to contain a viewing corridor that is at least 35 feet wide for every 100 feet of shoreline frontage.

2. Allows a viewing corridor to run contiguously for the entire maximum width established under subd. 1.

55,1922f Section 1922f. 59.692 (1k) of the statutes is created to read:

59.692 (1k) (a) 1. The department may not impair the interest of a landowner in shoreland property by establishing a shoreland zoning standard, and a county may not impair the interest of a landowner in shoreland property by enacting or enforcing a shoreland zoning ordinance, that does any of the following:

a. Requires any approval to install or maintain outdoor lighting in shorelands, imposes any fee or mitigation requirement to install or maintain outdoor lighting in shorelands, or otherwise prohibits or regulates outdoor lighting in shorelands if the lighting is designed or intended for residential use.

b. Except as provided in subd. 2., requires any approval or imposes any fee or mitigation requirement for, or otherwise prohibits or regulates, the maintenance, repair, replacement, restoration, rebuilding, or remodeling of all or any part of a nonconforming structure if the activity does not expand the footprint of the nonconforming structure.

c. Requires any inspection or upgrade of a structure before the sale or other transfer of the structure may be made.

d. Requires any approval or imposes any fee or mitigation requirement for, or otherwise prohibits or regulates, the vertical expansion of a nonconforming structure unless the vertical expansion would extend more than 35 feet above grade level.

e. Establishes standards for impervious surfaces unless the standards provide that a surface is considered pervious if the runoff from the surface is treated by a device or system, or is discharged to an internally drained pervious area, that retains the runoff on or off the parcel to allow infiltration into the soil.

2. A county shoreland zoning ordinance shall allow an activity specified under subd. 1. b. to expand the footprint of a nonconforming structure if the expansion is necessary for the structure to comply with applicable state or federal requirements.

3. a. Nothing in this section prohibits the department from establishing a shoreland zoning standard that allows the vertical or lateral expansion of a nonconforming structure.

b. Nothing in this section prohibits a county from enacting a shoreland zoning ordinance that allows the vertical or lateral expansion of a nonconforming structure if the ordinance does not conflict with shoreland zoning standards established by the department.

55,1922g Section 1922g. 59.692 (1m) of the statutes is renumbered 59.692 (1c).

55,1922h Section 1922h. 59.692 (1s) of the statutes is repealed.

55,1922i Section 1922i. 59.692 (2m) (a) and (b) (intro.) and 1. of the statutes are repealed.

55,1922j Section 1922j. 59.692 (2m) (b) 2. of the statutes is renumbered 59.692 (2m) and amended to read:

59.692 (2m) Regulates A county shoreland zoning ordinance may not regulate the construction of a structure or building on a substandard lot if in a manner that provision is more restrictive than the shoreland zoning standards for substandard lots promulgated by the department under this section.

55,1922k Section 1922k. 59.692 (4) (b) of the statutes is amended to read:

59.692 (4) (b) Variances and appeals regarding shorelands within a county are for the board of adjustment for that county under s. 59.694, and the procedures of that section apply. Notwithstanding s. 59.694 (4), the department may not appeal a decision of the county to grant or deny a variance under this section but may, upon the request of a county board of adjustment, issue an opinion on whether a variance should be granted or denied.

55,1922L Section 1922L. 59.692 (5m) of the statutes is created to read:

59.692 (5m) If a county has in effect on or after the effective date of this subsection .... [LRB inserts date], a provision in an ordinance that is inconsistent with sub. (1d), (1f), (1k), or (2m), the provision does not apply and may not be enforced.

55,1923e Section 1923e. 59.70 (25) of the statutes is created to read:

59.70 (25) Interstate hazardous liquid pipelines. A county may not require an operator of an interstate hazardous liquid pipeline to obtain insurance if the pipeline operating company carries comprehensive general liability insurance coverage that includes coverage for sudden and accidental pollution liability.

55,1923m Section 1923m. 59.796 of the statutes is created to read:

59.796 Milwaukee County; opportunity schools and partnership program. Notwithstanding s. 59.81, the board of any county with a population of 750,000 or more may not have access to or exercise oversight of any private gifts and grants received by the county executive under s. 59.17 (2) (b) 7.

55,1923p Section 1923p. 59.88 of the statutes is created to read:

59.88 Employee retirement system of populous counties; duty disability benefits for a mental injury. (1) In this section, "county" means any county having a population of 500,000 or more.

(2) If an employee retirement system of a county offers a duty disability benefit, the employee retirement system may only provide the duty disability benefit for a mental injury if all of the following apply:

(a) The mental injury resulted from a situation of greater dimensions than the day-to-day mental stresses and tensions and post-traumatic stress that all similarly situated employees must experience as part of the employment.

(b) The employer certifies that the mental injury is a duty-related injury.

(3) If an employee retirement system of a county determines that an applicant is not eligible for duty disability benefits for a mental injury, the applicant may appeal the employee retirement system's determination to the department of workforce development. In hearing an appeal under this subsection, the department of workforce development shall follow the procedures under ss. 102.16 to 102.26.

(4) This section applies to participants in an employee retirement system of a county who first apply for duty disability benefits for a mental injury on or after the effective date of this subsection .... [LRB inserts date].

55,1924 Section 1924. 60.05 (4) of the statutes is amended to read:

60.05 (4) Court order. If, after the hearing under sub. (3), the court finds that the area of the proposed town meets the requirements of sub. (1), the court shall enter an order establishing a new town under the name proposed in the petition and shall designate the location of the first town meeting of the new town. The clerk of court shall immediately file certified copies of the order with the secretary of state administration and the county clerk.

55,1925 Section 1925. 60.065 of the statutes is amended to read:

60.065 Change of town name. The name of a town shall be changed if a petition designating the new name is signed and filed with the town clerk under the procedures in s. 9.20 (1), certified by the town clerk under the procedure in s. 9.20 (3), approved by the electors in an election held under the procedures in s. 9.20 (4) and the result of the election is published in the town's official paper, or posted in the town, and the new name is filed in the office of with the secretary of state administration.

55,1936u Section 1936u. 60.61 (4) (g) of the statutes is created to read:

60.61 (4) (g) As part of its approval process for granting a conditional use permit under this section, a town may not impose on a permit applicant a requirement that is expressly preempted by federal or state law.

55,1937m Section 1937m. 60.62 (3) (c) of the statutes is created to read:

60.62 (3) (c) As part of its approval process for granting a conditional use permit under this section or s. 61.35, a town may not impose on a permit applicant a requirement that is expressly preempted by federal or state law.

55,1938e Section 1938e. 60.635 of the statutes is created to read:

60.635 Environmental protection; interstate hazardous liquid pipelines. A town may not require an operator of an interstate hazardous liquid pipeline to obtain insurance if the pipeline operating company carries comprehensive general liability insurance coverage that includes coverage for sudden and accidental pollution liability.

55,1940 Section 1940. 61.187 (2) (d) of the statutes is amended to read:

61.187 (2) (d) If, in accordance with par. (a), the results of the election under sub. (1) provide for dissolution, the village clerk shall, within 10 days after the election, record the petition and determination of the village board of canvassers in the office of the register of deeds of the county or counties in which the village is located and file with the secretary of state administration certified copies of the petition and the determination of inspectors of election. The village clerk shall also record in the office of the register of deeds a certificate by the village clerk showing the date on which the dissolution takes effect and file with the secretary of state administration 4 copies of the certificate. These documents shall be recorded and indexed by the register of deeds. The index shall include the volume or reel number and the page or image number of the original documents. The secretary of state administration shall forward 2 copies of the certificate to the department of transportation and one to the department of revenue.